HomeMy WebLinkAboutO-2026-010 Amending LDC Section 105-250 Compliance with State Law for Recovery Houses 1 1 ORDINANCE #2026-010
ORDINANCE 2026-010
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND
DEVELOPMENT CODE”; AT PART 1, ENTITLED “USE REGULATIONS”,
ARTICLE 105, ENTITLED “USE REGULATIONS FOR RESIDENTIAL AND
OPEN SPACE ZONING”, TO MODIFY SECTION 105-250, ENTITLED
“REASONABLE ACCOMMODATION PROCEDURES,” TO UPDATE THE
CITY’S REASONABLE ACCOMMODATION PROCURES RELATING TO
RECOVERY CENTERS, ENSURING WRITTEN APPLICATION; 60 DAY
REVIEW PROCESS; AND UPDATING 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 January 25, 2022, the City of Dania Beach adopted Ordinance 2022-007,
which created a reasonable accommodation process for a recognized disability under federal law
that would create a use not permitted in a zoning district; and
WHEREAS, on July 1, 2025, the State Law of Florida 2025-182, which created
regulations relating to reasonable accommodation for certified recovery residences to be effective
on January 1, 2026; and
WHEREAS, the new state law amended Florida Statutes Section 397.487, which now
provides a requirement that cities adopt procedures for the review and approval of certified
recovery residences, including a process for requesting reasonable accommodations from land use
regulations that otherwise prohibit such establishment; and
WHEREAS, the amendment requires that the City’s procedures for a reasonable
accommodation be consistent with state and federal law; establishes a written application process;
requires the local government to date-stamp each application upon receipt, and request additional
information within 30 days if required, giving 30 days for such response; requires final written
determination within 60 days which either approves in whole or part, with or without conditions,
or denies the request, stating with specificity the objective reasons for denial and process for
reconsideration; requires that an application which does not receive final determination within 60
days is deemed approved unless the parties agree to extension; and requires the application to
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include the name and contact information of the applicant, the property address and parcel
identification number, and a description of any accommodation requested; and
WHEREAS, additionally, the City may establish additional requirements for the review
or approval of reasonable accommodation requests, but may not require public hearings beyond
the minimum required by law to grant the requested accommodation; and
WHEREAS, the City may also include provisions for the revocation of a granted
accommodation for cause such as a violation of conditions or failure to maintain certification; and
WHEREAS, the state law amendment also clarifies that the City’s procedures cannot
supersede covenants and restrictions related to condominium or homeowners’ associations; and
WHEREAS, the City seeks to update its code relating to a reasonable accommodation to
specific comply with the update in state law.
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.
Section 2. That Chapter 28 entitled the “Land Development Code”; Part 3, “Special
Zoning Districts,”
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 1. USE REGULATIONS
* * *
ARTICLE 105. USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING.
* * *
Sec. 105-250. Reasonable accommodation procedures.
(A) Compliance with federal law. This section implements the policy of the city for the
processing of requests for reasonable accommodation related to its ordinances, rules, policies, and
procedures for persons with disabilities, or a provider of services to the disabled, as provided by
the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the
Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) ("ADA"). For purposes of this
section, a "disabled" individual or person is an individual who qualifies as disabled under the FHA,
ADA or both. Any person who is disabled or a provider of services to the disabled qualifying for
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a reasonable accommodation may request a reasonable accommodation with respect to the city's
land use and zoning laws, rules, policies, practices and procedures as provided by the FHA and
the ADA pursuant to the procedures set out in this section. The purpose of a reasonable
accommodation is to modify a specific city requirement to ensure an individual with a disability
has an equal opportunity to use and enjoy a dwelling. The City’s regulation for which the
applicant is seeking a reasonable accommodation does not facially discriminate against or
otherwise disparately impact the applicant. Certified recovery centers may apply for a reasonable
accommodation, regardless of zoning district consistent with the requirements of this section.
(B) Application. A request by an applicant for reasonable accommodation under this section
shall be made in writing by completion of an application and submittal of a written statement
relating to the reasonable accommodation request, which application (and shall be submitted to)
the community development department (the "department"). The reasonable accommodation
statement shall contain such information and as is necessary for processing the application and
submittal of a written statement related to a reasonable accommodation request. If an eligible
individual needs assistance to make a request for an accommodation, the department will provide
assistance, including, but not limited to, transcribing a verbal request into a written request. The
application must be date-stamped upon receipt by the City. The city must request additional
information within 30 days of the completed application, based upon the date stamped and
completed application. If required, the Applicant shall be provided 30 days for such response. The
application shall be available at the department and online on the city's website, and shall include,
at a minimum:
(1) The name and contact information of the applicant or the applicant’s
authorized representative;
(2) The property address and parcel identification number; and
(3) A description of the accommodation requested and the specific
regulation or policy from which relief is sought.
(C) Medical Information. Should the information provided by the applicant to the city include
medical information or records, including records indicating the medical condition, diagnosis or
medical history of the disabled individual or his/her clientele, such individual may, at the time of
submitting such medical information, request that the city, to the extent allowed by law, treat such
medical information as confidential information of the disabled individual or his/her clientele. The
city shall thereafter endeavor to provide written notice to the disabled individual or the disabled
clientele of the applicant, representative or both, of any request received by the city for disclosure
of the medical information or documentation which the disabled individual has previously
requested to be treated as confidential. The city will cooperate with the applicant or disabled
individual to the extent allowed by law, in actions initiated by such individual to oppose the
disclosure of such medical information or documentation, but the city shall have no obligation to
initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by
retention of outside counsel or allocation of internal resources) in connection therewith, and may
comply with any judicial order without prior notice to the applicant or disabled individual.
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(D) Public Hearing. When a complete reasonable accommodation application has been
submitted to the department, it will be referred to a city special magistrate who shall have the
authority to consider and act on requests for reasonable accommodation, after notice and hearing
in accordance with article 610 of the Land Development Code of the city. The department may
evaluate the application and prepare a staff report to address the factors listed in subsection (E)
and is authorized to recommend such conditions as may be determined to be necessary to grant a
reasonable accommodation given the context of the application. The special magistrate shall
consider the request form, the staff report, if applicable, and any other relevant testimony or
evidence concerning the request for a reasonable accommodation.
(E) Deadline for Review of Completed Written Application. The request for a reasonable
accommodation shall have a final written determination on the application within 60 days of
receipt of a completed application, and shall be placed on the docket to be heard by the special
magistrate within forty-five (45) days of receipt of the complete reasonable accommodation
request form. A written determination conforming to the decision of the special magistrate shall
be issued within fifteen (15) days of the completed hearing and may, in accordance with federal
law:
(1) Grant the accommodation request - approve the request, in whole or in part, with or
without conditions;
(2) Grant a portion of the request and deny a portion of the request, or impose conditions
upon the grant of the request or both; or
(3) Deny the request, in accordance with federal law.
Any such denial shall be in writing and shall state the grounds for the denial. All written
determinations shall give notice of the right to appeal. The notice of determination shall be sent to
the requesting party (i.e., the disabled individual or his/her representative) by certified mail, return
receipt requested. If a final written determination is not issued within 60 days after receipt of a
completed application, the request is deemed approved unless the parties agree in writing to a
reasonable extension of time.
If reasonably necessary to reach a determination on the request for reasonable accommodation, the
special magistrate may, prior to the end of the meeting at which the request is considered, request
additional information from the requesting party, specifying in sufficient detail what information
is required. The requesting party shall have fifteen (15) days after the date of the request for
additional information to provide the requested information to the department. In the event a
request for additional information is made, the Department shall have an additional (45) forty-five-
day period after the receipt of the additional information to set a second hearing before the special
magistrate and a written determination shall be issued within fifteen (15) days after the second
hearing. If the requesting party fails to provide the requested additional information within the (15)
fifteen-day period, a written notice will be issued advising that the requesting party had failed to
timely submit the additional information, and therefore the request for reasonable accommodation
shall be deemed abandoned or withdrawn and no further action by the city with regard to the
reasonable accommodation request shall be required.
(EF) Review Factors consistent with Federal Law. The written decision on a request for
a reasonable accommodation made by the special magistrate shall be consistent with the FHA
and ADA and based on the following factors:
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(1) Whether the requesting party has established that he/she, or the individual on whose
behalf the application was submitted, is protected under the FHA, ADA or both by
demonstrating that the person is disabled, as defined in the FHA, ADA or both. Although
the definition of disability is subject to judicial interpretation, for purposes of this section
the disabled individual must show:
a. A physical or mental impairment which substantially limits one (1) or more major
life activities;
b. A record of having such impairment; or
c. That the person is regarded as having such impairment.
(2) Whether the requested accommodation is reasonable and necessary to afford the disabled
individual an equal opportunity to use and enjoy the dwelling.
(3) Whether the requested accommodation would impose an undue financial or
administrative burden on the city.
(4) Whether the requested accommodation would require a fundamental alteration in the
nature of the land use and zoning regulations of the city.
If the special magistrate finds that the requested accommodation will impose an undue
financial or administrative burden on the city or will require a fundamental alteration in the nature
of the land use and zoning regulations of the city, the special magistrate may determine whether
an alternative reasonable accommodation exists which would effectively meet the disability-
related need. An alternative reasonable accommodation may be the requested accommodation with
conditions.
(F G) The city or the applicant may appeal a decision of the special magistrate to the circuit court
in and for Broward County, Florida, in accordance with the Florida Rules of Appellate Procedure.
(G H) There shall be no fee imposed by the city in connection with a request for reasonable
accommodation under this section and the city shall have no obligation to pay a requesting party's
(or an appealing party's, as applicable) attorney fees and costs in connection with the request, or
an appeal. The cost of the advertisement, mailer and labels will be assessed against the applicant.
(H I) While an application for reasonable accommodation, or appeal of a determination of same,
is pending, the city will not enforce the subject zoning ordinance, rules, policies, and procedures
against the applicant.
(I J) The following general provisions shall be applicable:
(1) The city shall display a notice in the city's public notice bulletin board (and shall maintain
copies available for review in the department and the city clerk's office), advising the
public that disabled individuals or providers of services to the disabled qualifying for a
reasonable accommodation may request reasonable accommodation as provided in this
section.
(2) A disabled individual may apply for a reasonable accommodation on his/her own behalf
or may be represented at all stages of the reasonable accommodation process by an
attorney, legally appointed guardian, or other person designated by the disabled
individual pursuant to a power of attorney.
6 ORDINANCE #2026-010
(3) The city shall provide such assistance and accommodation as is required pursuant to FHA
and ADA in connection with a disabled person's request for reasonable accommodation, including,
without limitation, assistance with reading application questions, responding to questions,
completing the form, filing an appeal, and appearing at a hearing, etc., to ensure the process is
accessible.
(4) In the event that a reasonable accommodation is granted, the applicant shall comply with
any and all applicable building and engineering permitting processes required by the
Code of Ordinances and the Land Development Code of the city.
(5) A reasonable accommodation is specific to the individual with a disability and does not
run with the land.
(6) A reasonable accommodation does not alter an individual's obligation to comply with
other applicable federal, state, county or city requirements, rules, regulations, or laws.
The establishment of a reasonable accommodation process does not relieve the local
government from its obligations under the Fair Housing Amendments Act of 1988, 42
U.S.C. ss. 3601 et seq., and Title II of the Americans with Disabilities Act, 42 U.S.C. ss.
12131 et seq.
(K) Revocation Of Reasonable Accommodation. The City may revoke a grant of
accommodation of a certified recovery residence for cause, including, but not limited to, a violation
of the conditions of approval or the lapse, revocation, or failure to maintain certification or
licensure required under Florida Statute s. 397.487, or under City Code requirements, if not
reinstated within 180 days.
(L) The application of this section does not supersede any current or future declaration or
declaration of condominium adopted pursuant to chapter 718; any cooperative document adopted
pursuant to Florida Statutes chapter 719; or any declaration or declaration of covenant adopted
pursuant to Florida Statutes chapter 720. The provisions of this section does not supersede
covenants and restrictions related to condominium or homeowners’ associations.
* * *
Section 3. 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 4. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
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Section 5. 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 6. That this ordinance be codified in the City’s code of ordinances, Land
Development Code by Municode.
Section 7. That this Ordinance shall be effective January 1, 2026.
PASSED on first reading on January 13, 2026.
PASSED AND ADOPTED on second reading on February 10, 2026.
First Reading:
Motion by: Commissioner Rimoli
Second by: Commissioner Lewellen
Second Reading:
Motion by: Commissioner Lewellen
Second by: Commissioner Ryan
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 ____ ____
SIGNATURES ON THE FOLLOWING PAGE
8 ORDINANCE #2026-010
ATTEST:
____
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY