HomeMy WebLinkAboutO-2026-009 TX-046-25 Certified Recovery Residence Zoning Districts 1ORDINANCE 2026-009
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND
DEVELOPMENT CODE”; AT ARTICLE 725, ENTITLED “DEFINITIONS,”
TO AMEND SECTION 725-30, ENTITLED “TERMS DEFINED”, TO
INCLUDE THE DEFINITION FOR CERTIFIED RECOVERY RESIDENCE;
AND AMENDING PART 1, ENTITLED “USE REGULATIONS”, ARTICLE
105, ENTITLED “USE REGULATIONS FOR RESIDENTIAL AND OPEN
SPACE ZONING”; AMENDING ARTICLE 110. USE REGULATIONS FOR
COMMERCIAL AND MIXED-USE DISTRICTS, AT SECTION 110-20,
ENTITLED “LIST OF PERMITTED, SPECIAL EXCEPTION AND
PROHIBITED USES”; AND AMENDING PART 3, ENTITLED “SPECIAL
ZONING DISTRICTS”, SUB-PART 1, ENTITLED “COMMUNITY
REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS”,
AT ARTICLE 302 ENTITLED “DETAILED USE REGULATIONS”; AT
SECTION 302-10, ENTITLED “PERMITTED, SPECIAL EXCEPTION AND
PROHIBITED USES” TO INCLUDE ZONING DISTRICT USE
REGULATIONS FOR CERTIFIED RECOVERY RESIDENCES, IN ORDER
TO UPDATE THE CITY CODE CONSISTENT WITH STATE LAW UNDER
“LAW OF FLORIDA 2025-182”, EFFECTIVE JANUARY 1, 2025;
PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 1, 2025, the City adopted Law of Florida 2025-182, which created
regulations relating to reasonable accommodation for certified recovery residences and requiring
cities to not discriminate against Certified recovery residences and, if applicable, include the use
in the City’s schedule of permitted, unpermitted, and special exception tables; and
WHEREAS, the City, in compliance with state law, seeks to include certified recovery
residences into the City’s use regulations for residential and open space zoning districts and within
the CRA form-based zoning districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The preceding “WHEREAS” clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
2 ORDINANCE #2026-009
Section 2. That Chapter 28 entitled the “Land Development Code” : Part I, entitled
“Use Regulations”, at Article 105, entitled “Use Regulations For Residential And Open Space
Zoning Districts”; at Section 105-20 entitled “List of residential and open space districts permitted,
special exception and prohibited uses,” is amended as follows:
CHAPTER 28
LAND DEVELOPMENT CODE
PART 1. USE REGULATIONS
* * *
ARTICLE 105 – USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE
ZONING DISTRICTS
* * *
Sec. 105-20. List of residential and open space districts permitted, special exception and
prohibited uses.
Legend
P - Permitted
P(#) - Permitted subject to
numbered footnote
A - Permitted accessory use only
SE - Permitted special exception
use only
Es
t
a
t
e
RS
-18
0
0
0
,
R
S
-12
0
0
0
RS
-80
0
0
,
R
S
-60
0
0
RD
-80
0
0
NB
H
D
-RE
S
RM
RM
-1
RM
-2
PR
D
-1
(
s
e
e
s
e
c
t
i
o
n
1
0
5
-22
0
)
RM
H
OS
- Not permitted
USES
Academic schools SE SE SE SE SE SE SE SE NP SE NP
Agriculture [subject to section
105-180]
P NP NP NP NP NP NP NP NP NP NP
Cluster—Single-family NP NP NP NP NP NP NP NP P NP NP
Community garden/urban farm
[subject to section 105-230]
P P P P P P P P P P P
Community residential home
type 1 [subject to section 105-
170]
P P P P P P P P P P NP
Community residential home
type 2 [subject to section 105-
170]
NP NP NP NP NP P P P P NP NP
Certified Recovery Residences NP NP NP NP NO P P P NP NP NP
3 ORDINANCE #2026-009
Section 3. That Chapter 28 entitled the “Land Development Code”, Part 3, entitled
“Special Zoning Districts”, Sub-Part 1, entitled “Community Redevelopment Area (CRA) Form-
Based Zoning Districts, at Article 302 entitled “Detailed Use Regulations”; at Section 302-10,
entitled “Permitted, special exception and prohibited uses”, is amended as follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 3. SPECIAL ZONING DISTRICTS.
SUBPART 1. - COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED
ZONING DISTRICTS
* * *
ARTICLE 302. DETAILED USE REGULATIONS
Sec. 302-10. Permitted, special exception and prohibited uses.
Legend:
P = Permitted
SE = Special Exception use
(#) = Permitted subject to the restriction
in section 302-20 having the same
number that is within the parentheses
Districts
Ci
t
y
C
e
n
t
e
r
EDBB-
MU
SFED-MU
GT
W
Y
-MU
NB
H
D
-MU
NB
H
D
-RE
S
- Not permitted Principal Street Frontage
Abbreviations:
EDBB = East Dania Beach Boulevard
SFED = South Federal Highway ED
B
B
Ot
h
e
r
st
r
e
e
t
s
S.
F
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.
Hw
y
Sh
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Ot
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St
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s
MIXED USE [subject to section 302-40]
Mixed residential and commercial
use
P P P P P P P NP
OPEN SPACE [subject to article 312]
Accessory uses P P P P P P P P
Parks P P P P P P P P
Plazas P P NP P NP P P NP
Pocket parks P P P P P P P NP
Tot lots P P P P P P P P
Urban agricultural gardens SE NP SE NP SE NP NP SE
RESIDENTIAL
Accessory uses P P P P P P P P
Apartments, ground story (2) NP (2) (2) (2) (2) (2) (2)
Apartments, upper story P P P P P P P (2)
Community residential home -
type 1; up to 6 residents (see
section 725-30 for definition)
(subject to section 105-170)
NP NP NP NP NP NP NP P
Community residential home -
type 2; 7—14 residents (see
section 725-30 for definition)
(subject to section 105-170)
(3) NP (3) (3) (3) (3) NP NP
Certifies Residential Care Facility NP NP NP NP NP P NP NP
Section 4. If any section, clause, sentence, or phrase of this Ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 5. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 6. It is the intention of the Mayor and City Commission of the City of Dania
Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed
to “section,” “article,” or other appropriate word.
Section 7. That this ordinance be codified in the City’s code of ordinances, at the Land
Development Code section, Chapter 28 by Municode Corporation.
Section 8. That this Ordinance shall be effective 10 days after passage on second
reading.
SIGNATURES ON THE FOLLOWING PAGE
PASSED on first reading on January 13, 2026.
PASSED AND ADOPTED on second reading on February 10, 2026.
First Reading:
Motion by: Commissioner Lewellen
Second by: Commissioner Rimoli
Second Reading:
Motion by: Commissioner Rimoli
Second by: Commissioner Lewllen
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
____
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY