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PLANING AND ZONING BOARD
Meeting Date: NOVEMBER 20, 2024
title
Text Amendment to Zoning Code related to the height and location of Gazebos/Tikis/Chickees and the required Rear Yard Corner Triangle
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Request: Text Amendment (Staff Initiated)
P&Z# N/A
Owner: N/A
Project Location: N/A
Folio Number: N/A
Land Use Designation: N/A
Zoning District: N/A
Commission District: N/A
Agent: N/A
Project Planner: Max Wemyss (954-786-4671 / Max.Wemyss@copbfl.com)
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Summary:
Staff is recommending text amendments to the Zoning Code regarding height and location of Gazebos/Tikis/Chickees and the required Rear Yard Corner Triangle. The amendments occur in Article 4 (Use Standards) and Article 5 (Development Standards) of the Zoning Code. The amendments are summarized below. Attached to this item is the complete text amendment in strikethrough and underline format.
Following concerns raised to staff, appointed, and elected officials, Staff has been directed to identify a solution to the prevalence of Code Compliance issues (both reported and unreported) related to the location of Tiki or Chickee Huts (categorized as Gazebos in the Zoning Code). Water-abutting Single-Family homeowners frequently prefer that Tiki/Chickee huts are as close to the water as feasible and typically abutting the interior lot lines. This puts them in conflict with the following Zoning Code Standards:
1. The requirement that accessory structures be set back 15 feet from property lines abutting a waterway (155.4302.B.2.h <https://codelibrary.amlegal.com/codes/pompanobeach/latest/pompanofl_zone/0-0-0-45542>); and
2. The requirement for an unobstructed rear yard corner triangle (155.5302.D.5a <https://codelibrary.amlegal.com/codes/pompanobeach/latest/pompanofl_zone/0-0-0-39060>).
Staff proposes to eliminate all rear yard corner triangle standards (remove fence and vegetation transparency, no structures or obstructions over 3 feet in height) and to create an exemption for Gazebos/Tikis/Chickees to allow them within 3 feet of a rear lot line abutting a waterway or canal. Such structures are already permitted within 3 feet of an interior side lot line when a six-foot-high solid fence exists; otherwise, a 5-foot setback is required. The overhang of the Gazebo/Tiki/Chickee roof shall not be permitted within 1 foot of the interior side setback. This way, there is no scenario where the roof of the structure is 0 feet from the shared property line. Additionally, Staff proposes to modify the maximum height of the structure to 15 feet rather than the 10 feet that is required for a Gazebo or Tiki. A true chickee hut can have a height of 15 ft. But as is often the case, a chickee “becomes” a tiki over time when plumbing, electrical and/or other non-native materials are added. In such cases, the height is then required to be reduced to 10 feet, creating additional code compliance issues. Therefore, a uniform height requirement of 15 feet is proposed.
Eliminating the Rear Yard Corner Triangle section will have impacts beyond just permitting Gazebo/Tiki/Chickees in those locations. Fences will now be permitted to run the length of the property line at a uniform height (up to 6 feet) without the required transparency. Additionally, landscaping may be permitted as well. The intent of the Rear Yard Corner Triangle is to preserve the view of a neighbor's property across the subject property when located against a waterway or canal. While this change will not affect the view of a property across their own property line, it may reduce the visibility across a neighbor’s.
Amendment Summary
Use Specific Standards - Gazebo (Tiki or Chickee)
Modifying the height to be consistent with a Chickee
Amending the setback required when abutting a waterway or canal, where 15 feet is generally required for all accessory uses.
Adding that the roof overhang of such a structure shall never abut a shared property line, regardless of the proximity of the structure.
Rear Yard Corner Triangle
Remove this section, references, and renumber
Staff’s Request
Staff is requesting that the Board recommend approval of the proposed changes to the Zoning Code to the City Commission for adoption.