O-673-09 ORDINANCE NO. 673-09
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL,AMENDING
SECTION 523.1 AND CREATING 523.10)OF THE ZONING APPENDIX A,
CONTAINED IN THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE,
FLORIDA,CONDITIONALLY PROVIDING FOR CHICKEE HUTS,SETTING
FORTH THOSE CONDITIONS,PROVIDING FOR CONFLICTS, PROVIDING
FOR SEVERABILITY,AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, During the September 2, 2008 Council Meeting,the Council requested that the
Planning&Zoning Board consider an amendment to the Code of Ordinances Zoning Appendix to allow
for the construction of Chickee Huts in Miami Shores Village; and,
WHEREAS,Together with the Planning Director,the Planning&Zoning Board reviewed the
municipal codes of other cities, news articles and other pertinent data with respect to chickee but
construction and lot location, and held public hearings at which testimony was offered; and,
WHEREAS, During the April 7, 2009 Council Meeting,the Village Council unanimously voted to
move forward to amend Section 523.1 of the Zoning Appendix A of the Village's Code of Ordinances to
conditionally allow chickee huts in the Village;
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA;
Section 1. That the following paragraph currently contained in Section 523.1 (i)which
reads"This section shall not be construed to permit the erection of chickee huts,which are prohibited."
shall be repealed.
Section 2. That Section 523.10)of the Zoning Appendix A,contained in the Miami Shores
Village Code of Ordinances is hereby created and shall read as follows:
(j) Chickees may be permitted in the residential districts by means of special exception subject to
the following conditions:
(1) A chickee shall not be permitted as a Principal Use on a plot and shall only be permitted
as an Accessory Structure to a residence;and
(2) The chickee shall be constructed solely by members of the Miccosukee tribe of Indians
of Florida or members of the Seminole Tribe of Florida as evidenced by a copy of the
builders Tribal Members Identification Card and shall otherwise satisfy the criteria of
Section 553.73(9)(i)of the Florida Statutes;and
(3) A building permit issued by Miami Shores Village is required for a chickee and no
building permit shall be issued or construction take place until the status of the builders
has been verified and the requirements of the Code of Ordinances have been complied
with;and
(4) The following information shall be provided as part of a building permit submittal:
a. A Scalable Survey/Site Plan (Acceptable to the Planning Department) showing
setbacks from other structures and property lines;and
b. Floor Plan and Elevations showing all construction materials for proposed
construction.
(5) The chickee shall be located only in the rear of the residence and shall be situated so
that it is located between the prolongation of the sidelines thereof and further provided
that all setbacks for accessory structures are met, except that the rear setback for a
chickee shall be 10 feet;and
(6) A chickee shall not exceed 300 square feet in area; and
(7) A chickee shall not exceed 15 feet in height or the height of the residence measured
from the ground next to the residence to the roof peak,whichever is less;and
(8) The eave on a chickee, measured by a line parallel to the ground from the chickee's
supporting posts to the bottom edge of the thatch roof, shall not extend more than 36
inches into a required yard; and
(9) A chickee shall be properly maintained at all times free of insects,vermin and mold, and
shall be rethatched as necessary;and
(10) A chickee shall be treated with a water-based fire retardant prior to the issuance of a
certificate of completion by the Building Official. The fire retardant is to be reapplied
annually and the property owner shall provide proof of the reapplication to the Building
Official annually prior to the anniversary date of the certificate of completion; and
(11) The village building official may order that the chickee be rethatched if visual inspection
confirms that the roof has deteriorated structurally or aesthetically so as to become
structurally unsound or unsightly.
Section 3. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in
conflict with this Ordinance.
Section 4. If any section, sentence, clause or phrase of this Ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
effect the validity of the remaining portions of this Ordinance, which shall be deemed to be
severable therefrom.
Section 5. This Ordinance shall become effective immediately upon adoption on second
reading.
Passed on first reading this 5th day of May, 2009.
Passed and adopted on second reading this 19th day of May , 2009.
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ATTEST: /
��� Davis, Mayor
Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney