R-1150-08 RESOLUTION NO. 1150-08
A RESOLUTION OF THE MIAMI SHORES VILLAGE
COUNCIL PROPOSING TO AMEND A PORTION OF
SECTION 523.1 OF THE ZONING APPENDIX A,
CONTAINED IN THE CODE OF ORDINANCES OF
MIAMI SHORES VILLAGE, FLORIDA, SO AS TO
AUTHORIZE, SUBJECT TO CERTAIN CONDITIONS,
CERTAIN STRUCTURES KNOWN AS "CHICKEES,"
AS DEFINED IN FLORIDA STATUTES § 553.71 (9)(i),
AND REFERRING CONSIDERATION THEREOF TO
THE VILLAGE PLANNING BOARD IN
ACCORDANCE WITH THE PROVISIONS OF
ARTICLE 10 OF THE ZONING APPENDIX A,
CONTAINED IN THE CODE OF ORDINANCES OF
MIAMI SHORES VILLAGE,FLORIDA
WHEREAS, the current provisions of§ 523.1 of the Zoning Appendix A contained in the
Miami Shores Village Code of Ordinances (hereinafter the "Zoning Code") expressly prohibits
the erection of Chickee Huts; and,
WHEREAS, "Chickees" are defined in Florida Statutes § 553.73(9)(i) as "an open sided
wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that
does not incorporate any electrical,plumbing, or other non wood features;"and,
WHEREAS, pursuant to Florida Statutes § 553.73(9)(i) Chickees constructed by the
Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida are exempt from the
Florida Building Code as provided for by law (although municipalities retain the right and
authority to regulate or prohibit such structures); and,
WHEREAS, questions have been raised with regard to whether or not it is in the best
interests of the Village and its residents to continue to prohibit the erection of Chickee Huts in
the Village as opposed to allowing their construction in appropriate cases and subject to
reasonable regulations with regard to, for example, their location,number, size, etc.;
NOW THEREFORE,be it resolved,by the Miami Shores Village Council that:
Section 1. The Miami Shores Village Council hereby proposes to amend § 523.1 of the
Zoning Code in order to permit the erection of no more than one Chickee per each plot in the
residentially zoned portions of Miami Shores Village, provided that the size of each shall not
exceed square feet, that the location thereof be limited to rear yards only and
must comply with all set-back requirements in the Zoning Code, that each such Chickee shall
require site plan approval by the Village Planning Board in accordance with the standards set
forth in Article 6 of the Zoning Code, and subject to the further restriction that such Chickees
shall be constructed solely by members of the Miccosukee Tribe of Indians of Florida or
members of the Seminole Tribe of Florida and shall otherwise satisfy the criteria of §
553.73(9)(i) of the Florida Statutes.
Section 2. In accordance with § 1001(a) of the Zoning Code, this resolution of proposal
to amend, upon adoption by the Village Council, shall thereupon be referred to the Planning
Board for public hearing and the preparation and filing of the report required by § 1003 and §
1004 of the Zoning Code.
Section 3. This resolution will become effective immediately upon its adoption by the
Village Council.
PASSED THIS 2nd day of September , 2008.
ATTEST:
HERTA HOLLY,MAYOR
C.
BARBARA A. ESTEP, C
Village Clerk
Approved as to form:
RICHARD SARAFAN
Village Attorney
Resolution Re Chickee Huts to P&Z