HomeMy WebLinkAboutO-2026-012 TX-043-25 Live Local Standards AmendmentORDINANCE NO. 2026-012
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28 “LAND DEVELOPMENT
CODE”; PART 2, “SITE DEVELOPMENT REGULATIONS”; ARTICLE 205,
TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL
ZONING DISTRICTS”; TO CREATE SECTIONS 205-11 THROUGH 205-16, TO
IMPLEMENT THE CITY’S LIVE LOCAL DEVELOPMENT STANDARDS
PURSUANT TO SECTION 166.04151(7), FLORIDA STATUTES, AS AMENDED;
AMENDING ARTICLE 200. – “USER GUIDE FOR PART 2 OF THE CODE”,
TO CREATE SECTION 200-60 ENTITLED "SITE PLAN REVIEW PROCEDURES
FOR APPLICATIONS PURSUANT TO SECTION 166.04151(7), FLORIDA
STATUTES," TO PROVIDE FOR DEVELOPMENT REGULATIONS AND
ADMINISTRATIVE REVIEW OF CERTAIN AFFORDABLE HOUSING
PROJECTS PURSUANT TO STATE LAW; AND CREATING SECTION 200-61
ENTITLED "IMPLEMENTATION PROCEDURES FOR SITE PLANS UTILIZING
“THE LIVE LOCAL ACT"; PROVIDING FOR CODIFICATION, PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida adopted Chapter 2023-17, Laws of Florida, effective
July 1, 2023, known as the Live Local Act (the "Act"), which among other thing is designed to
streamline and incentivize affordable housing within the State of Florida; and
WHEREAS, the Act preempts certain use, density, and height regulations and imposes
various obligations, including the requirement for a municipality to permit mixed-use residential
development as an allowable use in any area zoned for commercial, industrial, or mixed-use if at
least forty percent (40%) of the residential units are affordable, as defined in Section 420.0004,
Florida Statutes, for a period of at least thirty (30) years; and
WHEREAS, the Florida Legislature enacted additional amendments to Section
166.04151, Florida Statutes, through Senate Bill 1730 (2025), clarifying and expanding the
preemption of local regulations relating to allowable uses, density, height, floor area ratio,
administrative approval procedures, and parking reductions for qualifying affordable and mixed-
use residential developments; and
WHEREAS, the City Commission finds it necessary to amend and update its existing
Live Local Act ordinance to ensure full compliance with the requirements of Section 166.04151,
Florida Statutes, as amended, and to provide clear administrative procedures for the review and
approval of Live Local development applications; and
2 ORDINANCE #2026-012
WHEREAS, the benefits afforded by the Act are only available to developments that
provide certain threshold levels of affordable multi-family housing, which housing units are further
required to remain affordable for at least thirty (30) years, but the Act is silent on issues related to
compliance reporting, monitoring, and enforcement of the mandatory affordability requirements
applicable to these developments; and
WHEREAS, the City Commission has determined that it is appropriate and in the public
interest to provide that projects proposed under the Act on commercial or industrial zoned
properties are subject to the development regulations provided in this ordinance; and
WHEREAS, qualifying Live Local mixed-use residential developments must include at
least sixty-five percent (65%) of the total square footage as residential use, and further provides
that a municipality may not require more than ten percent (10%) of the total square footage to be
used for non-residential purposes; and
WHEREAS, the City is committed to providing a sustainable community for its residents
and future generations, and ensuring an adequate tax base to support public services is an essential
component of developing and maintaining such a sustainable community; and
WHEREAS, the City of Dania Beach may not require more than ten percent (10%) of
the total square footage of a Live Local mixed-use development to be used for non-residential
purposes; and
WHEREAS, the Act requires that an affordable housing project proposed under the Act
must be administratively approved, without further action by the governing body, if the
development satisfies the City's Land Development Regulations and is consistent with the City's
Comprehensive Plan, with the exception of provisions establishing allowable densities, height,
and land use (which are established in, and preempted by, the Act), and complies with all other
applicable requirements of state and local law; and
WHEREAS, the Act provides that the City must consider the possibility of reducing
parking requirements for projects developed under the Act if the project is located within one-half
mile of a major transit stop, as defined in the City's Land Development Code, if the major transit
stop is accessible from the development. The City does not currently have a definition of major
transit stop and wishes to adopt one and provide related parking incentives; and
3 ORDINANCE #2026-012
WHEREAS, the City Commission supports affordable housing and finds it necessary to
revise the City Code in order to establish equitable regulations for the development of mixed-
income mixed-use residential developments in order to implement the provisions of the Act; and
WHEREAS, the City is adopting the regulations contained within this ordinance to
provide for implementation of the Act, which was effective as of July 1, 2023, and has determined
it is appropriate for all for projects under the Act to be processed in accordance with the regulations
contained within this ordinance, and to apply these regulations to any application or submission
for an application under the Act; and
WHEREAS, the City Commission finds and determines that updating the City's Code of
Ordinances to implement the Live Local Act is in the best interest of the residents of Dania Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “WHEREAS” clauses are ratified and confirmed as being
true and correct, and they are made a part of and incorporated into this Ordinance by this reference.
Section 2. That Chapter 28 entitled the “Land Development Code”, Part 2, “Site
Development Regulations,” at Article 205, “Tabular Summary Of Site Development Standards For All
Zoning Districts,” is amended as follows:
* * *
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 2, “SITE DEVELOPMENT REGULATIONS”
Article 205 Tabular Summary of Site Development Standards for all Zoning Districts.
* * *
Sec. 205-11. Mixed Use or Multifamily Developments Pursuant To Section 166.04151(7),
Florida Statutes, Under The Live Local Act.
(a) Intent and Purpose.
The purpose of this section is to establish procedures and regulations for the development of
multifamily or mixed use affordable housing developments pursuant to the provisions of Section
166.04151(7), Florida Statutes, as created by Chapter 2023-17, Laws of Florida, the "Live Local
Act" (the "Act"), which development involves at least forty percent (40%) of units which must
4 ORDINANCE #2026-012
qualify as affordable housing units, as defined in Section 420.0004, Florida Statutes, to accomplish
the following purposes:
(1) Protect and promote the public health, safety, and general welfare of the residents of the
City;
(2) Facilitate the orderly and efficient development of affordable multi-family housing in the
City pursuant to the Act;
(3) Specify the City zoning districts to which this section is applicable and within which Live
Local developments proposed pursuant to the Act are authorized and may be approved
administratively pursuant to the Act;
(4) Confirm the Land Development Regulations applicable to proposed Live Local
developments under the Act, including acknowledgment of the statutory mandates
regarding use, height, and density;
(5) Provide for a mixed-use Live Local development such that the City may approve a Live
Local Development if at least 10 percent of the units included in the project are for
housing that is affordable. Provide the minimum non-residential floor area for Live Local
developments proposed under the Act in order to ensure a meaningful mixed-use
development to support community sustainability and to reduce vehicle trips and vehicle
miles traveled, whereby a mixed-use project must provide a minimum of 40 percent
commercial on the ground floor; and
(6) Establish an administrative approval process for Live Local developments under the Act.
(7) Ensure Live Local development for mixed-use residential projects allocate at least 65
percent of the total square footage for residential purposes, without requiring more than
10 percent of the total square footage be used for nonresidential purposes. Live Local
projects must contain at least 65 percent residential use multifamily, and at least with
(8) 40 percent Live Local as affordable housing. Authorize multifamily and mixed use
residential as allowable uses in any area zoned for commercial, industrial, or mixed use,
and in portions of any flexibly zoned area such as a planned unit development permitted
for commercial, industrial, or mixed use, if at least 40 percent of the residential units in
a proposed multifamily development are rental units that, for a period of at least 30 years,
are affordable.
(b) Applicability.
Applications for a Live Local development pursuant to this section must be deemed complete
prior to October 1, 2033. No applications for Live Local developments shall be accepted after
October 1, 2033 unless the legislature extends or reenacts Section 166.04151(7), Florida Statutes,
and the City Commission extends these deadlines accordingly.
5 ORDINANCE #2026-012
(c) Definitions.
Allowable density means the density prescribed for the property in accordance with this subsection
without additional requirements to procure and transfer density units or development units from
other properties.
Commercial use means activities associated with the sale, rental, or distribution of products or the
performance of services related thereto. The term includes, but is not limited to, such uses or
activities as retail sales; wholesale sales; rentals of equipment, goods, or products; offices;
restaurants; public lodging establishments as described in s. 509.242(1)(a); food service vendors;
sports arenas; theaters; tourist attractions; and other for-profit business activities. A parcel zoned
to permit such uses by right without the requirement to obtain a variance or waiver is considered
commercial use for the purposes of this section, irrespective of the local land development
regulation’s listed category or title. The term does not include home-based businesses or cottage
food operations undertaken on residential property, public lodging establishments as described in
s. 509.242(1)(c), or uses that are accessory, ancillary, incidental to the allowable uses, or allowed
only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming pools,
and clubhouses, within an area designated for residential use are not commercial use, irrespective
of how they are operated.
Industrial use means activities associated with the manufacture, assembly, processing, or storage
of products or the performance of services related thereto. The term includes, but is not limited to,
such uses or activities as automobile manufacturing or repair, boat manufacturing or repair, junk
yards, meat packing facilities, citrus processing and packing facilities, produce processing and
packing facilities, electrical generating plants, water treatment plants, sewage treatment plants, and
solid waste disposal sites. A parcel zoned to permit such uses by right without the requirement to
obtain a variance or waiver is considered industrial use for the purposes of this section, irrespective
of the local land development regulation’s listed category or title. The term does not include uses
that are accessory, ancillary, incidental to the allowable uses, or allowed only on a temporary basis.
Recreational uses, such as golf courses, tennis courts, swimming pools, and clubhouses, within an
area designated for residential use are not industrial use, irrespective of how they are operated.
Major transportation hub means any transit station with collocation of more than one major
mode of transit, defined as a combination of bus and train or light rail station; or where at least
three bus routes with peak hour service intervals of 30 minutes or less, including one route of a
regional nature, are located at the same facility with appropriate pull-ins or other bus bays at the
station. Such major transportation hubs shall also offer a mix of other transportation options such
as micromobility services, complete sidewalks, bicycle infrastructure, and rideshare access,
along with shelter and shade for passengers to be deemed a major transportation hub.
Major transit stop shall mean a stop with at least 150 square feet of overhead shelter for commuter
rail service or at least three bus rapid transit routes. For the purpose of this definition, commuter
rail service and bus rapid transit routes provide average scheduled morning (7:00 A.M. to 9:00
A.M.) and evening (4:00 P.M to 6:00 P.M.) peak hour service intervals of 30 minutes or less.
Mixed use means any use that combines multiple types of approved land uses from at least two of
the residential use, commercial use, and industrial use categories. The term does not include uses
that are accessory, ancillary, incidental to the allowable uses, or allowed only on a temporary
6 ORDINANCE #2026-012
basis. Recreational uses, such as golf courses, tennis courts, swimming pools, and clubhouses,
within an area designated for residential use are not mixed use, irrespective of how they are
operated.
Transit-Oriented Development or Area Mixed-use development that combines a pedestrian-
friendly environment with retail or entertainment ground floor uses and significant amounts of
office space and housing and located within one-quarter (¼) to one-half (½) mile side-walk route
to a transit station. Specifically, a TOD provides continuous, shaded sidewalks with street
furniture and minimal driveway interruptions, paseos where appropriate, and nearly continuous
shop frontage. The City, for the purposes of Live Local Act, has not designated any area of the
city as a transit-oriented development.
Planned Unit Development (PUD) means an area of land that is planned and developed as a single
entity or in approved stages with uses and structures substantially related to the character of the
entire development, or a self-contained development in which the subdivision and zoning controls
are applied to the project as a whole rather than to individual lots.
Unified control means all land included for purpose of development within a Planned Unit
Development (PUD) district shall be under the control of the applicant (an individual, partnership,
or corporation, or group thereof of individuals, partnerships, or corporations). The applicant shall
present satisfactory legal documents constituting to constitute evidence of the unified control,
subject to approval of the entire area, which shall be approved by the City Attorney. Unified
control shall only be required where a developer elects to utilize a Planned Unit Development
zoning district. Unified control shall not be required as a condition to utilize the development
rights, density, building height, floor area ratio, or land use allowances authorized.
Upon application for a PUD (if voluntarily elected) rezoning, the applicant shall agree as follows:
(1) To proceed with the Live Local development according to the approved plans provisions
of this division and the affordability requirements as established by state law and
recorded covenant;
(2) To provide agreements, contracts, covenants, deed restrictions, and sureties acceptable to
the City for completion of the development according to the plans approved at the time
of site plan approval and for continuing operations and maintenance of such areas,
functions, and facilities, which are not proposed to be provided, operated, or maintained
at public expense; and
(3) To bind their successors in title to any commitments made under the above. All
agreements and evidence of unified control shall be reviewed by the City Attorney and
no site plan for a development shall be approved without verification by the City Attorney
that such agreements and evidence of unified control meet the requirements of this
section.
7 ORDINANCE #2026-012
(d) Zoning Districts permitting Live Local developments.
Live Local developments shall be permitted in all zoning districts where commercial, industrial,
or mixed-use development is allowed, bBased on the requirements of Florida law, Live Local
developments shall be permitted in the following zoning districts:. The following districts are
examples of districts in which Live Local developments may be permitted:
(A) Neighborhood Mixed-Use (NBHD-MU)
(B) South Federal Highway Mixed-Use (SFED-MU),
(C) Gateway Mixed-Use (GTWY-MU),
(D) East Dania Beach Boulevard Mixed-Use (EDBB-MU),
(E) Planned Mixed-Use Development (PMUD), but only within portions of the PMUD that
are permitted for commercial, industrial, or mixed-use development pursuant to the
approved PMUD master plan,
(F) Planned Small Lot Mixed-Use Development (PMUD-SL), subject to the same
applicability described in (E) above,
(G) General Commercial District (C-4),
(H) General Industrial (IG),
(I) Restricted Industrial (IR),
(J) Industrial-Research-Office (IRO),
(K) Industrial-Research-Office-Marine (IROM),
(L) Industrial-Research-Office-Marine Airport Approach (IROM-AA), and
(M) Industrial-Research-Office-Commercial (IROC)
(N) Port Everglades Development District (PEDD)
Where a zoning district contains more than one subarea or regulating plan, Live Local Act
development eligibility applies only to those portions of the district where commercial, industrial,
or mixed-use development is permitted.
(e) Applicable development regulations.
(1) Unified development site lot. A Live Local development may consist of one or more
contiguous parcels under common ownership or control at the time of application.
Unified control shall only be required to the extent necessary to ensure functional
operation, access, and maintenance of shared spaces. Parcel aggregation may not be
conditioned upon a rezoning, special exception, or variance. All land included for
8 ORDINANCE #2026-012
purposes of a Live Local development, including all residential and non-residential
components shall be under unified control.
(2) Required residential use.
a. Equivalency of affordable dwelling units.
1. Affordable dwelling units and market rate units shall be located within the same
structure or shall be proportionately distributed between multiple structures, if
such are proposed, such that every development structure contains both (at
least 40% affordable) and market rate units in equal proportions; in no event
shall a Live Local development structure consist entirely of market rate units.
2. All common areas and amenities within a Live Local development shall be
accessible and available to all residents (both affordable and market rate units).
3. Access to the required affordable dwelling units shall be provided through the
same principal entrance(s) utilized by all other dwelling units in the development,
provided that for townhouse-style affordable dwelling units, each unit shall have
its own entrance.
4. The sizes and number of bedrooms in the affordable dwelling units shall be
proportional to the sizes and number of bedrooms in the market rate units (e.g.,
for number of bedrooms, if twenty-five percent (25%) of the market rate units
consist of two (2) bedrooms, then twenty-five percent (25%) of the affordable
units shall also have two (2) bedrooms, etc., maintaining a proportional
distribution across unit types and within each structure).
5. Affordable dwelling units shall be developed simultaneously with, or prior to, the
development of the market rate units.
6. If the development is phased, the phasing plan shall provide for the construction
of affordable units proportionately and concurrently with the market rate units.
7. The exterior appearance of affordable units shall be the same as the market rate
units and shall provide exterior building materials and finishings of the same type
and quality.
8. The interior building materials and finishes of the affordable units shall be the
same type and quality as the market rate units, including but not limited to all
electrical and plumbing fixtures, flooring, cabinetry, counter tops, and decorative
finishes.
9 ORDINANCE #2026-012
b. Affordability commitment.
1. Pursuant to Section 166.04151(7), Florida Statutes, at least forty percent ‘40%) of
the multi-family residential units shall remain affordable, as defined in Section
420.0004, Florida Statutes, for a period of at least thirty (30) years. The property
owner shall execute and deliver to the City for recordation in the public records,
on a form approved by the City Attorney, a covenant, declaration of restriction, or
other deed restriction in favor of the City ensuring compliance with this
affordability requirement.
2. Any violation of the affordability requirement shall result in a monetary penalty
to be deposited into the general fund. Such monetary penalty shall be assessed as
a daily fine of two hundred fifty dollars ($250.00) per day per violation until
proof of compliance has been provided to the City. The monetary penalty shall
not be subject to mitigation or otherwise modified by any board, including but
not limited to the Code Enforcement Special Magistrate. This provision is in
addition to any other enforcement action pursuant to code or agreement.
(3) Allocation of shared space in multifamily Live Local projects.
a. Lobby, service areas, and amenity areas exclusively serving the residential
uses of a Live Local development shall be considered residential square footage
use.
b. Common ground floor lobby, service areas, and amenity areas within a
structure housing both residential and non-residential uses shall be
proportionately allocated to the residential and non-residential square footage
requirements.
(4) Site design.
a. Live Local developments located on land zoned commercial or mixed use
must locate all development, residential and non-residential uses on the same (or
unified) plot.
b. Live Local developments located on land zoned industrial must locate all
nonresidential uses in a structure separate from any residential uses. Structures used
for industrial purposes need to be buffered and setback from the residential
structures in the same manner, applying setbacks, landscape buffers, and other
applicable regulations as if the residential structures were on a separate site, to
ensure compatibility between residential and industrial uses; provided, however,
that such separation and buffering requirements shall not be applied in a manner
that reduces the allowable density, height, or floor area ratio permitted.
10 ORDINANCE #2026-012
(5) Development standards.
a. The following standards are applicable to all Live Local developments
regardless of the zoning district they are located in:
1. Maximum density and height
(i) With respect to the residential component of a Live Local development,
the maximum density shall be the greater of the highest currently
allowed or allowed on July 1, 2023, density on any land in the City
where residential development is allowed under the City’s land
development regulations by right, whichever is least restrictive,
excluding any density granted through bonuses, variances, or special
exceptions without incorporation of any bonus (incentive) density.
(ii) The maximum height shall be the greater of the highest currently
allowed or allowed on July 1, 2023, for a commercial or residential
development within the City and within one (1) mile of the proposed
development, or three (3) stories, whichever is higher, excluding any
height granted through bonuses, variances, or special exceptions. The
height provisions above are subject to the adjacency and historic
structure limitations.
(iii) The minimum permissible floor area ratio for a Live Local
development shall be no less than one hundred fifty percent (150%) of
the highest floor area ratio currently allowed or allowed on July 1,
2023, for any property within the municipality where residential
development is permitted, whichever is less restrictive. Any floor area
ratio provided through bonus, variance, or special exception programs
shall not be included in this calculation.
(iv) If the proposed development is adjacent to, on two or more sides, a
parcel zoned for single-family residential use that is within a single-
family residential development with at least 25 contiguous single-
family homes, the municipality may restrict the height of the proposed
development to 150 percent of the tallest building on any property
adjacent to the proposed development, the greater of the highest
currently allowed or which was allowed on July 1, 2023, height for the
property provided in the municipality’s land development regulations,
or 3 stories, whichever is higher, not to exceed 10 stories. For the
purposes of this paragraph, the term “adjacent to” means those
properties sharing more than one point of a property line, but does not
include properties separated by a public road or body of water,
including manmade lakes or ponds.
11 ORDINANCE #2026-012
(v) If the proposed development is on a parcel with a contributing structure
or building within a historic district which was listed in the National
Register of Historic Places before January 1, 2000, or is on a parcel
with a structure or building individually listed in the National Register
of Historic Places, the maximum building height may not exceed the
highest currently allowed, or allowed on July 1, 2023, height for a
commercial or residential building located within three-fourths of a
mile of the proposed development, or 3 stories, whichever is higher.
The City shall administratively require the proposed development to
comply with local regulations relating to architectural design, such as
facade replication, provided it does not affect height, floor area ratio, or
density of the proposed development.
(vi) For mixed-use residential projects, at least 65 percent of the total
square footage must be used for residential purposes. The City shall not
require that more than 10 percent of the total square footage of such
mixed-use residential projects be used for nonresidential purposes.
2. Minimum air-conditioned dwelling unit size consistent with Section 230-
40 of the Land Development Code:
(i) Efficiency: Five hundred (500) square feet;
(ii) One (1) bedroom: Seven hundred and fifty (750) square feet;
(iii)Two (2) bedrooms: nine hundred (900) square feet;
(iv) Three (3) or more bedrooms: One thousand one hundred fifty (1,150)
square feet for the first three (3) bedrooms, plus one hundred fifty
(150) square feet for each additional bedroom/den.
3. All other applicable land development code development standards shall
apply unless specifically regulated in this section.
(6) Parking requirements.
a. Upon request of the applicant, required parking for a Live Local
development shall be reduced by fifteen percent (15%) if the development is
located within one-quarter (1/4) mile of a transit stop and the transit stop is
accessible from the development.
b. Upon request of the applicant, required parking for a Live Local
development shall be reduced by at fifteen percent (15%) if the development
is located within one-half (1/2) mile of a major transportation hub that is
accessible from the development by safe, pedestrian-friendly means, or if
parking available for use by residents is located within six hundred (600) feet
12 ORDINANCE #2026-012
of the development. The City shall not require that available parking be used
to offset the required reduction.
c. Required parking shall be eliminated for a Live Local development located
within an area designated by the City as a transit-oriented development (TOD)
area. To qualify for this reduction, the proposed development which is located
within a transit-oriented development or area must be mixed-use residential
and otherwise comply with requirements of the City’s regulations applicable
to the transit-oriented development or area except for use, height, density,
floor area ratio, and parking.
d. All parking reductions under this subsection shall be processed
administratively and shall not require approval of the City Commission or any
board.
(7) Optional Approvals for Affordable Housing under the Live Local Act.
a. Notwithstanding any other law or local ordinance or regulation to the
contrary, the City may elect to approve the development of housing that is
affordable, as defined in F.S. 420.0004, including, but not limited to, a mixed
use residential development, on any parcel zoned for commercial or industrial
use, or on any parcel, including any contiguous parcel connected thereto,
which is owned by a religious institution as defined in s. 170.201(2) which
contains a house of public worship, regardless of underlying zoning, so long
as at least 10 percent of the units included in the project are for housing that
is affordable.
b. Such election shall be made at the sole discretion of the property owner. No
property shall be deemed eligible under this subsection unless the owner
affirmatively applies for development under the Live Local Act and provides
all appropriate affidavits and guarantees related to the 10% affordable housing
requirement. Approvals requested under this section must be heard in a duly
noticed public hearing and approved by a majority vote of the City
Commission.
c. This provision shall only apply to residential, and mixed uses which include
residential as a component of the mixed-use. The proposed development shall
be subject to the same development regulations as the zoning district in which
it is located, with the exception of parking, landscaping, façade, minimum unit
sizes, and other regulations as provided by the city which are specifically
applicable only to residential-type developments.
d. The City shall require the proposed development to comply with local
regulations relating to architectural design, such as facade replication, to
provide for development consistent with quality housing and neighborhood
compatibility.
e. The City shall require parking as prescribed in Article 265.
f. The City shall require landscaping as prescribed in Article 275.
13 ORDINANCE #2026-012
g. Minimum air-conditioned dwelling unit size consistent with Section 230-
40 of the Land Development Code:
(i) Efficiency: Five hundred (500) square feet;
(ii) One (1) bedroom: Seven hundred and fifty (750) square feet;
(iii)Two (2) bedrooms: nine hundred (900) square feet;
(iv) Three (3) or more bedrooms: One thousand one hundred fifty (1,150)
square feet for the first three (3) bedrooms, plus one hundred fifty
(150) square feet for each additional bedroom/den.
h. All other applicable land development code development standards shall
apply unless specifically regulated in this subsection. Non-adherence to any
set standard in this subsection shall be grounds for denial of an application
under this subsection.
i. Proximity to uses that are incompatible with residential uses, including, but
not limited to, public safety considerations and industrial hazards shall be
grounds for denial of an application under this subsection.
j. No variance to this subsection shall be provided.
Sec. 205-12 Development Regulations. Qualifying development shall comply with the
development regulations provided in the following development regulation table.
(a) Properties zoned South Federal Highway Mixed-Use, Gateway Mixed-Use, or East Dania
Beach Boulevard Mixed-Use are to following the development regulations identified for each
zoning district provided in Article 300 unless superseded by Section 205-11.
(b) Properties zoned Planned Mixed-Use Development, Planned Mixed Use Development –
Small Lot, General Commercial, General Industrial, Industrial Restricted, Industrial Research
Office, Industrial Research Office Marine, or Industrial Research Office Marine – Airport
Approach are to follow the development regulations and design standards identified in Section
205-13, of the LDR unless superseded by Section 205-11.
(c) Properties zoned Port Everglades Development District (PEDD) are to follow the
development regulations and design standards identified in Section 115-30 unless superseded by
Section 205-11.
Sec. 205-13 Development Regulations table for Planned Mixed-Use Development, Planned
Mixed Use Development – Small Lot, General Commercial, General Industrial, Industrial
Restricted, Industrial Research Office, Industrial Research Office Marine, or Industrial
Research Office Marine – Airport Approach
14 ORDINANCE #2026-012
The development regulations in this table shall not be applied to reduce the allowable density,
height, or floor area ratio permitted.
DEVELOPMENT REGULATIONS
Planned Mixed-Use Development, Planned Mixed Use Development – Small Lot, General
Commercial, General Industrial, Industrial Restricted, Industrial Research Office, Industrial
Research Office Marine, or Industrial Research Office Marine – Airport Approach
Required setbacks and yards:
Minimum front yard setback 25’
Minimum rear yard setback 30’
Minimum street side setback 25’
Minimum interior side setback 15’
Minimum lot width 100’
Minimum lot depth 100’
Minimum building separation 100’
Parking space requirements Per Article 265, except that parking shall be
reduced or eliminated where required under
Sec 205-11(e )(6)
Landscape requirements Per Article 276
Pervious area requirements Per Section 215-130, except where the
maximum lot coverage requirement would
exceed 150 percent of the greater of the
highest currently allowed, or allowed on July
1, 2023, then this 150 percent shall serve as
the maximum lot coverage.
Sec. 205-14 Additional design standards for properties fronting Griffin Road, Stirling Road,
Sheridan Street, Bryan Road and Anglers Avenue/Ravenswood Road.
(a) The following design standards are applicable to any property having frontage on any of the
following roadways within the City of Dania Beach:
1. Griffin Road
2. Stirling Road
3. Sheridan Street
4. Bryan Road
5. Anglers Avenue (Ravenswood Road)
(b) Purpose. The purpose of the standards in this article is to promote design, which is
architecturally compatible with the surrounding area and the design goals of the City of Dania
Beach. The design standards in this section shall not be applied to establish or effectively reduce
allowable height, density, or floor area ratio for a Live Local development.
15 ORDINANCE #2026-012
(c) Intent. The standards in this article are intended to discourage generic suburban development
types that bear little relation to the historic development pattern of Dania Beach.
(d) City Commission Approval. Live Local Act developments shall be reviewed and approved
administratively in accordance with state statutes, and shall not require legislative or quasi-judicial
action by the City Commission or the Local Planning Agency if the development satisfies the
City’s land development regulations for multifamily developments in areas zoned for such use and
is otherwise consistent with the comprehensive plan, with the exception of provisions establishing
allowable densities, floor area ratios, height, and land use. The City Commission may not approve
exceptions to this article as conditions to a site plan approval , waivers, or modifications to Live
Local standards. If a proposed development cannot meet the requirements of the Live Local Act
or this article without discretionary relief, the applicant must withdraw the Live Local Act request
and submit a standard development application, variance request, or other applicable procedure
under the City’s Land Development Code. upon making the following findings:
1. There are circumstances peculiar to the site or the intended use that makes compliance
with a particular requirement of this article impracticable; and
2. The applicant has offered significant enhancements to other pertinent aspects of the site
that the City Commission determines will offset any negative impacts that an exception
to these standards might otherwise create.
(e) Appearance.
1. All structures on a site shall create a unified architectural theme.
2. All building façades shall be articulated through the use of a coherent and clear
architectural design that incorporates rhythms in form and construction details. Buildings shall
be designed to incorporate rhythms in form and construction details.
3. Buildings facing a public street or interior courtyard space shall be architecturally
emphasized through entrance treatment, fenestration, and building details. Buildings with more
than one (1) façade facing a public street shall provide treatment for each façade.
4. Roof and exterior wall surfaces, with the exception of glass areas, shall be
nonreflective. Opaque surfaces and reflective or mirrored type glazing at ground level visible
from the sidewalk is prohibited.
5. The use of flat steel or metal panels for the exterior walls is prohibited.
6. The rear and sides of buildings shall be finished with material that in texture and color
resembles the front of the building.
7. Glass windows and doors must make up at least thirty-five (35) percent of the primary
elevation and fifteen (15) percent of the secondary elevation, except where additional
fenestration is required in the CRA form-based zoning districts. On ground stories, the minimum
required glass façade area shall be measured between a height of two and one-half (2.5) feet and
eight (8) feet above the abutting grade. The windows shall not be covered or opaque. Display is
16 ORDINANCE #2026-012
permitted provided there is functional cross-vision between the inside and outside of the store.
Display windows should be accented with awnings or other architectural features.
8. The coloration of all buildings shall be nature blending with a maximum of three (3)
colors exclusive of roof. The use of "earth tone" or light pastel colors is encouraged.
Semitransparent stains are recommended for application on natural wood finishes.
9. Canopies, if utilized, shall provide a minimum clearance of fourteen (14) feet in height
for areas accommodating vehicles and a minimum clearance of ten (10) feet in height for non-
vehicular areas, and shall be consistent with the main building design. The canopy columns shall
be architecturally finished to match the building.
10. Heating, ventilation and air conditioning equipment, duct work, air compressors,
other fixed operating machinery shall be either screened from view or located so that such items
are not visible from the designated arterial, adjacent residential properties or intersecting streets.
11. No temporary structures shall be permitted, except those allowed in article 675,
"Temporary Uses" and associated signage. Office-type mobile units when used as temporary
facilities shall be screened from view from the designated arterial and equipped with rigid
skirting on all sides. Any towing gear shall be removed, and if not removable, shall be screened
from the designated arterial.
12. A minimum distance of eight (8) feet shall be maintained between the front of any
building, including any walkway immediately adjacent thereto, and the parking area. This space
is to be reserved for landscaping, either existing or planned, and is required to have a minimum
three-foot-wide strip for plant material. No such space is required at the sides or rear of the
building unless there is an adjoining residential use. This requirement is not applicable within
the CRA form-based zoning districts.
13. Windows and doors visible from any listed arterial street shall not be obstructed by
security bars or similar devices.
14. Windows and doors visible from any listed arterial street shall not be obstructed by
storm or security shutters or panels, except as provided in chapter 8, section 8-186 of the Code
of Ordinances (Storm shutter placement).
15. Commercial development must comply with article 275, "Landscaping
Requirements", provided that the street tree requirements shall be altered to require palm clusters
on the ends of landscape buffers. The palm clusters shall consist of three (3) palms with a
minimum height of thirteen (13) feet.
16. Where hedges are utilized and adequate space exists, a tiered effect is required.
17. Landscaped areas shall be surrounded with a six-inch raised concrete curb. Grade
within areas to be landscaped shall be raised to curb height.
17 ORDINANCE #2026-012
18. Chain link, barbed wire and similar fencing along a designated arterial are prohibited.
Where such fencing can be viewed from a designated arterial, landscaping, berming, or both
shall be provided to minimize visibility from the designated arterial.
19. Perimeter walls, if utilized, shall be architecturally compatible with the principal
structure.
20. The design of buildings and parking facilities shall take advantage of the natural
features and topography of the project site, where appropriate.
21. Existing specimen trees shall, to the greatest extent possible, be preserved or relocated
on site and integrated into the landscape plan.
22. Roads, pedestrian walks and open spaces shall be designed as integral parts of an
overall site design.
23. Parking areas shall be landscaped and screened from public view to mitigate their
visual impact.
24. Parking areas shall be designed with careful regard to orderly arrangement,
landscaping, and ease of access, and shall be developed as an integral part of an overall site
design.
25. The site development plan shall be designed to be compatible with existing and
conforming development, and proposed development in the area surrounding the project site.
(b) Multifamily/Mixed Use Option. A multifamily use is permitted subject to the
development standards of the development regulations identified above (lot and yard
requirements) and the following additional requirements for mixed-use developments:
(1) The development may include commercial uses on the ground floor of the development
such that the development is a mixed-use development as provided by the City of Dania
Beach Comprehensive Plan. The following commercial uses shall be permitted:
i. Athletic clubs/studios;
ii. Banks and financial institutions with no drive-throughs;
iii. Bakeries;
iv. Delicatessens;
v. Copy shop;
vi. Day care centers;
vii. Dry-cleaning establishments (no cleaning on premises);
viii. Fast food restaurant with no drive-throughs;
ix. Retail establishments;
18 ORDINANCE #2026-012
x. Office (business, professional and medical);
xi. Personal service establishments;
xii. Restaurants;
xiii. Retail pharmacy; and
xiv. Retail stores and those uses which are customarily accessory and clearly incidental
to the principal permitted use, excluding smoke shops, cannabidiol (CDB) sales,
and discount retail.
(2) The mixed-use development shall be located abutting an arterial roadway and shall
occupy the majority of the ground floor building area (excluding parking garages).
Sec. 205-15 Regulatory Compliance.
(a) In addition to the provisions set forth above, Live Local developments shall comply with all
other Land Development Regulations applicable to multi-family developments.
(b) All aspects of the Live Local development shall be consistent with the City's Comprehensive
Plan, with the exception of provisions establishing allowable use, height, and density.
(c) The City shall not impose a development moratorium, processing delay, or suspension of
permitting that would prevent or postpone a Live Local development, except as expressly
permitted under state law relating to water, sewer, stormwater capacity, and only for the
duration permitted by state law
(d) Compliance with applicable laws and regulations. In addition to the provisions set forth
herein, Live Local developments shall comply with all other applicable state and local laws
and regulations.
205-16 Expiration or Loss of Live Local Development Status.
(a) Loss for failure to meet affordability requirements.
(1) An approved project which fails to maintain the required number of affordable
dwelling units and does not comply with the affordable housing requirements of this
section after notice and ninety (90) days to cure, shall be considered non-conforming as to
all portions of the development that do not comply with use and development regulations
applicable based on the assigned zoning designation.
(b) Expiration of covenant. A Live Local development, for which a covenant
guaranteeing affordable housing has expired, shall be considered:
(1) A legal conforming use, so long as the development maintains the same levels and
standards of affordable housing.
19 ORDINANCE #2026-012
(2) A legal non-conforming use, if the number of required affordable dwelling units
originally required under the covenant are not maintained as affordable. And shall be
subject to the City’s nonconforming code provisions.
Section 3. That Chapter 28 entitled the “Land Development Code”, Part 2, “Site
Development Regulations”, Article 200, “User Guide For Part 2 Of The Code” is amended as
follows:
* * *
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 2, “SITE DEVELOPMENT REGULATIONS”
ARTICLE 200. - USER GUIDE FOR PART 2 OF THE CODE
* * *
200-60 Live Local Site Plan Approval required.
(a) Construction, except as provided for Live Local buildings or improvement on any site may
commence only following approval of a site plan by the City Commission. All construction and
improvements shall conform to such approved site plan per Article 635 of the LDR.
(b) Live Local development projects developed pursuant to Section 166.04151(7), Florida
Statutes, shall be processed administratively under Section 200-61, Site Plan Review Procedures
for Applications Pursuant to Section 166.04151(7), Florida Statutes.
Sec. 200-61 Site Plan Review Procedures For Applications Pursuant To Section 166.04151(7),
Florida Statutes.
(a) Preplan review. The applicant shall review the proposed site plan with the Community
Development Director, or designee, to confirm general compliance with the requirements of
Section 205-11, "Development pursuant to Section 166.04151(7), Florida Statutes, under the Live
Local Act," the land use designation, zoning and application provisions of the City code and
Section 166.04151(7), Florida Statutes, as amended from time to time.
(b) Filing.
(1) Application. The applicant shall submit the proposed site plan to the Community
Development Director, or designee. The application shall include:
20 ORDINANCE #2026-012
a. All information shall be submitted pursuant to the City’s site plan application
requirements and application form as identified in Article 635, of the LDR.
b. An Affidavit of Commitment. The applicant must file an Affidavit of Commitment,
in a form provided by the City, to record a covenant detailing the affordable housing
restrictions (and to comply with the monitoring and compliance requirements of the
City). The covenant will detail income mix and required affordability, with a release
provision ensuring that the covenant is in place for thirty (30) years from temporary
certificate of occupancy (TCO) or certificate of occupancy (CO) and may only be
released earlier by bringing the project info full compliance with all zoning and land
use provisions applicable to the site at the time of the release. The City will provide
the form covenant and monitoring and compliance forms upon submittal of the
application.
c. Legal documents demonstrating unified control of the proposed development site and
providing for maintenance and cross-access as applicable.
d. A specific purpose survey demonstrating the one (1) mile distance for the proposed
height determination (unless the comparator site is so obviously close to render this
unnecessary) with a brief analysis of the comparator site. Such documentation is for
verification only and shall not limit or reduce the allowable height or density
entitlement.
eg. A brief analysis of the comparator site for the proposed density determination.
fh. Easily visible notes on the site plan legend or data sheet, indicating the project is a
Live Local Act, Section 166.04151(7), Florida Statutes, project.
gi. A table, or tables, indicating the ratio of residential and non-residential square footage
and affordable and market rate residential units.
h. Applicants requesting a parking reduction must provide the appropriate information
detailing the location and distance from the development to the transit stop, or major
transportation hub as applicable, as well as all associated facilities that provide
continuous access between the entrance of the development and the transit stop or
major transportation hub.
(2) Fees. The Community Development Director, or designee, will compute the required
filing and review fees. Such fees are due upon the date of submittal and are established in
accordance with the City’s adopted fee schedule(pursuant to Section 605-40 and 685-
10), including, but not limited to any applicable impact fees and cost recovery
charges. The applicant shall also digitally submit copies of a proposed preliminary
engineering plan for the site. The filing fees are as follows:
Site Plan $14,120.00
Site Plan Modification $11,700.00
21 ORDINANCE #2026-012
(c) Review and recommendation by the Development Review Committee.
(1) Development Review Committee members and departments responsible for development
application review shall submit written recommendations to the Director of Community
Development, or designee, according to a review schedule. Fees are to be approved by
the City Commission, via resolution, as may amended from time to time.
(2) The applicant will be notified in writing of comments concerning the site plan
submission. Revisions, additions, or corrections will be reviewed together by the
Community Development Director, or designee, the Development Review Committee,
and the applicant. Required revisions and any other information required by the director
of Community Development Director, or designee, and the Development Review
Committee shall be resubmitted by the applicant within thirty (30) days of the review.
Failure of any applicant to submit information or revised plans as required above shall
result in cancellation of the application unless an extension is agreed to by the applicant
and the Director of Community Development, or designee. The applicant may also submit
a waiver on a form provided by the City. Further, the applicant will be required to
resubmit an application, including review fees according to the fee schedule adopted by
the City Commission. Applicants may withdraw an application at any time.
(3) Any fees collected in conjunction with development review are nonrefundable.
(d) Administrative review.
(1) The Community Development Director, or designee, shall review the Development
Review Committee comments, applicant responses, and final proposed plans and facade
renderings, and based on compliance with the City’s Land Development Regulations,
comprehensive plan, and applicable state laws, shall approve, approve with conditions,
or deny the final site plan and issue a written development order, including findings
supporting the decision. The decision of the Community Development Director, or
designee, shall be final and shall not require review or approval by the City Commission
or any other quasi-judicial or administrative board. The decision of the Community
Development Director, or designee, may be appealed to the City Commission pursuant to
Section 615-30, "Administrative Appeals."
(2) If the proposed project does not meet applicable land development regulations other than
use, height, or density standards, the applicant may elect to withdraw the Live Local Act
request and proceed under the City’s standard development review procedures. Live
Local Act projects may not be conditioned upon, nor require, variances, special
exceptions, waivers, conditional uses, participation in a transfer of development rights
(TDR) program, or amendments to an adopted Development of Regional Impact (DRI)
development order, municipal charter, or similar governing document. Projects must be
reviewed for compliance consistent with the statutory criteria and without additional local
prerequisites beyond those expressly authorized by state law. If the proposed project does
not meet the City's Land Development Regulations, excepting use, height, or density as
preempted by state law, the applicant may apply for a variance or other procedure and
22 ORDINANCE #2026-012
shall follow those procedures as provided in the code, including review by the
Development Review Committee, Planning and Zoning Board, and City Commission.
(e) Modifications to approved site plan. Modifications to a site plan approved under this
section may be permitted by the administrative approval of the Director of Community
Development, or designee. Proposed modifications shall be reviewed by the Development
Review Committee, as provided in subsection 635-80 above if the Community Development
Director, or designee, determines the modification, complies with the criteria identified in Section
635-80(b) of the LDR.
(f) Expiration or extension of site plan approval. A site plan approval or extension shall
comply with Section 645-100 of the LDR. However, upon expiration of a project under this
section, the property will be governed by the entitlements allowed under the property’s zoning
without the benefit of the preemptive provisions of Section 166.04151(7), Florida Statutes.
(g) Denial. If a Live Local application is denied due to failure to satisfy applicable objective
standards, the applicant may resubmit at any time once the deficiency is corrected. Denial of an
application shall preclude the applicant from refiling the same application for one year from the
date of denial consistent with Section 649-60 of the Land Development Code.
(h) Demolition. The city must administratively approve the demolition of an existing structure
associated with a proposed development under this subsection, without further action by the
board of county commissioners or any quasi-judicial or administrative board or reviewing
body, if the proposed demolition otherwise complies with all state and local regulations.
* * *
Section 4. That 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 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 and codified by Municode.
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 all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 7. That this ordinance shall take effect 10 days after passage on second
reading.
23 ORDINANCE #2026-012
PASSED on first reading on February 24, 2026.
PASSED AND ADOPTED on second reading on March 10, 2026.
First Reading:
Motion by: Vice Mayor Salvino
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 ____ ____
ATTEST:
____________________________ _________________________________
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY