The City of Boynton Beach recently adopted Ordinance 07-025 defining Open-Air Pavilions such as gazebos, tiki huts, tea houses, Chickee or Chiki huts. The ordinance includes setback requirements, design and size restrictions.  This notice is intended as an informational guideline supplement to regulations pertaining to the construction of these type of structures. See also, Open Air Structure - Checklist (53 kb PDF).

Per Florida Statutes, Chickee / Chiki huts are treated differently in the review process than all other Open-Air Pavilions. A Chickee / Chiki hut is defined as an open-sided wooden hut with a thatched roof of palm or palmetto or other traditional materials, devoid of electric, plumbing or other non-wood features, and constructed by either the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida.

1. A Chickee / Chiki hut is exempt from the permitting process but not exempt from zoning district regulations.
2. The preliminary step in the construction process is for the applicant to request a zoning verification letter. With the zoning verification request, the applicant shall submit a site plan or survey, with scaled dimensioning of the structure including setbacks and height, proof that the builder is a member of either the Miccosukee or Seminole Tribe (this shall be evidenced by a copy of the tribal members identification card), and drawings and or images of the proposed structure(s) showing the open design, roof materials and height.

For structures of 150 square feet or less of floor area and 12 feet or less in height:

1. The side setback shall be allowed to follow the existing wall of the principal structure, provided it does not further encroach into the setback, or shall meet the setback for the district, whichever is least restrictive.
2. The rear setback shall be eight (8) feet; except when abutting a body of water, golf course, park, interstate, railroad right-of-way, commercial/industrial property, or perimeter wall of a development abutting other than residential property, the rear setback may be reduced to three (3) feet.
3. The structure shall be located a minimum of three (3) feet from the principal structure and any other structure on the property.

For structures that exceed 150 square feet of floor area or exceed 12 feet in height:

1. The principal building setbacks of the zoning district shall apply.

Open-Air Pavilions of any type shall not be placed in front of the principal building, in a utility or drainage easements, or in a required landscape buffer.

In Planned Unit Developments, these structures shall be regulated according to the Master / Site Plan.  If the Master / Site Plan is silent as to accessory structures, then the installation shall conform to the setbacks approved on the Master / Site Plan.

In Commercial, Mixed-Use, Multi-Family and Industrial zoning districts, the structure shall meet the setbacks of the respective zoning district. Additionally the structure shall be a minimum of 25 feet from the principal structure and any other structure on the property. Other distances calculated by a licensed Fire Protection Engineer shall be considered.

All Chickee / Chiki huts in single and single / two family zoning districts constructed prior to the adoption of this ordinance without the benefit of a permit and not in compliance with the zoning regulation shall be reviewed against State Law governing Chickee / Chiki huts.  If determined consistent with State Law, they shall be considered non-conforming structures. Those structures not qualifying as a Chickee / Chiki hut pursuant to State Law shall be processed as a standard Open-Air Pavilion.

All other Open-Air Pavilions constructed prior to the adoption of this ordinance without benefit of a permit and which do not comply with Zoning Regulations of district, must be removed or brought into compliance with all applicable regulations of the City.  Failure to comply shall subject the property owner to the City's Code Compliance provisions and any other legal processes authorized by law.

Attached is a copy of Ordinance 07-025 so that you may fully understand the scope of the new regulations.