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Commission approves zoning changes to allow tikis, cheekis and gazebos closer to waterfronts with new safeguards
Summary
By a 4–2 vote the commission advanced an amendment to the zoning code that relaxes the rear‑yard ‘corner triangle’ rules and modifies setback and overhang limits for accessory waterfront structures, while keeping size and height limits and adding conditions for safety and vegetation.
The City Commission approved on first reading a package of zoning amendments that change how accessory waterfront structures — described in the code as gazebos, "tikis" and "cheekis" — are regulated.
Planner Max Weems told commissioners the package removes the so-called rear-yard corner triangle (a triangular buffer near seawalls where objects over 3 feet were previously prohibited), creates a setback exemption to allow these accessory structures to abut the rear property line next to the water (subject to a no-overhang rule), clarifies height measurement for pitched roofs and codifies distinctions between a traditional Miccosukee-style cheeki (natural-material hut) and a permitted tiki with utilities.
Weems said the changes aim to reduce longstanding noncompliance among waterfront homeowners, to provide a path to legalize commonly installed structures and to resolve conflicts between the zoning code and building code (for example, the building code's minimum 4‑foot pool barrier vs. the zoning code's 3‑foot visibility limits). He described industry-standard safeguards such as limiting roof overhangs to within one foot of property lines and requiring structural permits when electrical or plumbing is installed.
Several commissioners supported the change as a response to frequent code complaints and a practical recognition of existing site conditions. Commissioner Seegerson Eaton opposed the measure, saying the change would permit privacy-blotting fences and opaque barriers that would permanently obstruct canal vistas; she voted no. Some commissioners encouraged neighbor-to-neighbor agreements for edge cases and asked staff to return with clarifying language on measuring fence height where properties have different grades.
The measure passed first reading 4–2 (Commissioners Fessett, Perkins, Smith and Vice Mayor Fournier in favor; Commissioner Seegerson Eaton and Mayor Harden opposed). Staff indicated the graphic illustrating the former rear-yard triangle will be removed from the final ordinance and that second reading will return after staff finalizes technical edits.
Ending: Staff will prepare the ordinance for second reading with edits requested by commissioners and additional clarifications on fence-height measurement and permitted utilities.
