Jupiter Florida Real Estate Broker

If you’re reading this post it’s most likely because you got a knock on the door from either code enforcement or the building department about your Tiki or Chickee Hut. They’re all over the waterfront homes in places like Paradise Port. Some agents will call this a Tiki hut a Chickee hut or whatever but it matters who built it and what it looks like as there’s a big difference in what they are. A ‘Tiki’ hut is typically made up of bamboo looking posts and roof framing with a grass thatched roof. A “Chickee” hut is MOST IMPORTANTLY built by a member of the Florida Miccosukee or Seminole tribe members and they are made of heavy (telephone pole / pile looking) posts and framing with a palm frawn roof AND OFTEN HAVE A METAL PLAQUE ON THEM STATING THEY WERE BUILT BY A TRIBE MEMBER. And, these TRUE Chickee Huts ARE exempt from the Florida Building Code, as per the “Building” edition of the building code, Section 102.2 which quotes the Florida statute 553.73(10)(i) and states:

“The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other nonwood features.”

Sounds great! We don’t need a permit then right? Wrong. OPINIONS ABOUND AND VARY ON THIS!! Some say how can one pull a building permit for a structure that is exempted from the building code? The statutory authorization for a building permit does not exist if there’s nothing to inspect because the building code is not applicable. BUT most people agree that these huts ARE subject to the local zoning ordinance when not built on tribal lands.

So, get yourself a recent survey and see if the Chickee hut is located inside any access or utility easements. Do these easement prohibit building in the easement? Next question: What are the building setbacks for the city/town or county (if in an unincorporated area) that has jurisdiction? These Chickee huts are typically classified by the local ordinance as “accessory” structures much like a storage shed. BUT there are places like Boynton beach where they have implemented specific rules for set backs of these structures.

So, first look the property up on either the zoning map or the property appraisers web site and note the zoning designation (say RS) and municipality (or not, as in it’s in unincorporated Palm Beach County) . Let’s say that we are looking in an unincorporated area of Palm Beach County and the county zoning area is RS, or Residential Single Family. Now look at Article 5, Chapter B of the PBC amended ULDC and note that, EXCEPT in the AR zoning district, the set back for accessory structures is 5′ from both the read and side yard lines and it must be in the back yard. BUT, if it’s over 10′ then “All structures over ten feet in height shall meet the minimum setbacks in Table 3.D.1.A, Property Development Regulations (PDRs), or Art. 1.F.2.C.1, Minimum Residential Setback Requirements, if applicable.” When we look in Table 3.D.1.A and see that the side yard setback is 7.5′ and the rear yard setback is 15′. OR it must meet the exceptions for nonconforming structures under 1.F.2.C.1

The simple way to determine if it can remain where it is is to call or stop by the zoning office for the city or county where the property is located and speak to a zoning officer. They will tell you in minutes what the set backs are.

Also, it varies from county to town as to IF the building department will allow electric or plumbing in these structures. Palm Beach County building department will now permit electric run to these but many municipalities do not allow any plumbing or electric run to them.

I found this on a “self certification” permit and thought it was a good synopsis of what one can do with a dock configuration according to DEP. I did write a very long winded blog posting on the full rules and you can read that is you have the time and some coffee next to you.

I started to look into this today and I was shocked. Before we get to that the CRS is basically a rating system for communities and how well they adhere to the National Flood Insurance community standards for things like building codes and flood plain management. If your community is great at it then you (the property Owner) get a % off your flood insurance premium. There’s a table for all the cities and towns and these are few in Northern Palm Beach County

Location	CRS	SFHA	NON SFHA	Status
Palm Beach County	5	25	10	C
Jupiter	5	25	10	C
North Palm Beach	7	15	5	C
Palm Beach Gardens	10	0	0	R
Juno Beach	5	25	10	C
Tequesta	7	15	5	C

So, let’s say I live in the Village of North Palm Beach in a home built before the adoption of the FIRM panels which is to say it was built before 15 August 1978 for North Palm Beach. Since it is a pre-FIRM building then all flood zones qualify to the 15% discount.

If the property was built AFTER 15 August 1978 and is now in the SFHA Zone AE then the finished floor elevation must be equal to or greater than the Base Flood Elevation which is currently proposed to be 7′ (NAVD) in order to qualify for the discount.

The shocked part comes from 2 points. First, looking at the CRS for the various communities. Palm Beach Gardens homes get NO DISCOUNT and the R in the table stands for Rescinded. Those in the unincorporated PB County areas, Jupiter and Juno Beach get a 25% discount, while homes in Tequesta and North Palm Beach get a 15% discount. So a home such as 13958 Chester Bay in Frenchman Harbour will pay 10% less in flood insurance than those in say Harbour Isles . The second part is that the CRS discount does NOT apply to newly mapped policies.

The December 2019 housing sales were just released and we can now see the cumulative sales numbers for the year and the year over year changes.

Jupiter single family housing sales had a very respectable growth year with slightly more units (+2.1%) selling for a slightly higher median (+1.9%) and average (+1.8%) selling prices. Townhouse and condominium sales saw fewer units selling for a higher (+3.1%) sales price.

In Palm Beach Gardens we saw similar story for detached single family units with with slightly more units (+2.1%) selling for a slightly higher median (+4.7%) and average (+3.4%) selling prices. Townhouse and condominium sales saw more units sold (+1.8%) and a higher median price (+4.7%) sales price.

What happens under the Far Bar As-Is (Rev 06/19) Contract if the Buyer can not obtain flood insurance?

PLEASE GO TO MY UPDATED BLOG POST FOR THE FAR BAR AS IS REVISED IN NOVEMBER 2021.

The applicable section of the Contract is:

First question: Is the Property located in a Special Flood Hazard Area (SFHA)? If it is NOT in an SFHA then this paragraph is not applicable. If it is in an SFHA (such as Zone AE or V) then the next questions is: “… the lowest floor elevation for the building(s) and/or flood insurance rating purposes is below minimum flood elevation or is ineligible for flood insurance coverage through the National Flood Insurance Program or private flood insurance as defined in 42 U.S.C. §4012a, Buyer may terminate this Contract…”

Honestly, this needs to be reworded on the first part “…and the lowest floor elevation for the building(s) and/or flood insurance rating purposes is below minimum flood elevation…” Is this to be interpreted that if the lowest floor elevation is below the Base Flood Elevation (BFE) set for the SFHA that the Buyer may withdraw? I’m looking into this.

The second part is straight forward. Is the finished floor elevation so low that the Property is in-eligible for coverage? This question as it turns out is specifically covered by the NFIP Flood Insurance Manual which states…

So basically all fixed houses (not a mobile home) which are built above grade (above the adjacent dirt, NOT the BFE) OR one which is NOT built above grade where the lowest level is above the Base Flood Elevation. In short, everyone CAN get flood insurance it’s just a question of cost. At least right now.

The interesting, and perplexing point here is that IF the house is shown inside the SFHA. Or if the SFHA even touches the property then the property owner may apply for a LOMR or Letter of Map Revision. I have done this. The criteria used for this is that the LAG or Lowest Adjacent Grade (the dirt around the house) must be higher than the Base Flood Elevation. “Federal regulations require the lowest ground touching the structure, or Lowest Adjacent Grade (LAG) elevation, to be at or above the Base Flood Elevation (BFE).” Looking at the rate tables the big “jump” in the rate per dollar of insured value (the cost) of flood insurance comes when the finished floor is less than 1′ above the Base Flood Elevation.

What I would recommend doing is IF a home is located in an area where flood insurance is now required then I would use the Homeowners/Flood Insurance addendum to the Far/Bar contract which add this:

Note that the areas which are located inside a Coastal Barrier Resource Act area are basically ALL existing parks like MacArthur, Carlin, Blowing Rocks and the Hobe Sound National Wildlife Sanctuary. So basically, no place that anyone lives around here.

FEMA just released the proposed FIRM Maps in December of 2019 for Florida and Palm Beach County. CLICK HERE to read my post on the new maps. This got me thinking though. In terms of elevations using the same base line just how much have the flood zones changed?

For this example I am going to look at the community of Frenchmans Harbor in Juno Beach at the base of the Donald Ross bridge. So, let’s go to the the FEMA Map center and look up my listing at 13958 Chester Bay Lane.

The current (as of Jan 2020) flood zone map does NOT show this property as being in the Special Flood Hazard Area Zone AE. However the zone AE is in the area and the Base Flood Elevation is given there as +4′ by the 1988 NAVD datum.

From the survey accompanying the boat lift permit, the elevation at the top of the sea wall is 7.3’ (1929) and the Finished Floor Elevation of the house is at 9.22’ (1929). Converting these to the 1988 datum we have the top of sea wall is at 7.3’-1.54’ = 5.76’ (1988) and the FF El. = 9.22’-1.54’ = 7.68’ (1988).

So we see that the current base flood elevation (4′) is BELOW the top of the sea wall at 5.76′. But what was the Base Flood Elevation before the last map change was adopted in October of 2017?

Frenchmans Harbor is in unincorporated Palm Beach County. The first FIRM Maps for Palm Beach County were effective as of 02/01/1979. Prior to the most recent (curent) map the last revision was effective on 10/15/1982. This map gave the Base Floor Elevation of Zone A, which was in the SFHA, as 6′ by the 1929 NGVD datum. A BFE of 6′ by the 1929 datum is 4.46′ by the 1988 NAVD datum.

So, from 1982 to 2017 the Base Flood Elevation was 4.46′. Then, in 2017 it was changed to 4′, so it went down in real terms. Now they want to raise the Base Flood Elevation by 3′ from a BFE=4′ to a BFE = 7′.

The proposed flood map is for the BFE = 7’ for 13958 Chester Bay BUT the AE zone does not touch the property.  It does show the shaded zone X as being in the back yard.  I looked at the old survey for the property and the FF El is 9.22′ by the 1929 datum and thus is FF El. = 7.68’ (1988 NAVD). With the finished floor elevation (FF El. = 7.68’) being above the BFE of 7′ it should not be rated as being in a SFHA.