Title
MOTION TO PASS PROPOSED ORDINANCE NO. 2026-01 ON FIRST READING.
PROPOSED ORDINANCE NO. 2026-01 IS AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA AMENDING THE CODE OF ORDINANCES; AMENDING SECTION 155.203 “DEFINITIONS” TO ADD DEFINITIONS FOR RECOVERY RESIDENCE AND REASONABLE ACCOMMODATION; CREATING SECTION 155.535 “REASONABLE ACCOMMODATION APPLICATION FOR RECOVERY RESIDENCE”; RENUMBERING SECTIONS RELATING TO “NONCONFORMING USES”, TO ALLOW FOR FUTURE USES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. Pursuant to recent State legislation, municipalities are required to adopt ordinances that provide a process for Recovery Residences to request reasonable accommodations from local land use regulations that may otherwise prohibit such residences.
2. In the creation of this Ordinance, the City has reviewed the State of Florida’s commissioned study, “Reforming State and Local Zoning for Community Residences for People With Disabilities and for Recovery Communities” (July 2024) by Daniel Lauber, AICP, as well as similar studies commissioned by Delray Beach (2017), Pompano Beach (2018), and Fort Lauderdale (2018). These studies emphasize the importance of community integration and normalization for individuals with disabilities. They conclude that clustering Recovery Residences within 660 feet of each other undermines these goals and creates unhealthy recovery environments.
3. The proposed Ordinance:
• Updates definitions related to Recovery Residences and Reasonable Accommodation.
o Recovery Residence: A residential dwelling that provides a peer-supported, alcohol- and drug-free living environment and is certified under Section 397.487, Florida Statutes or chartered as an Oxford House. A Recovery Residence does not include any other group living arrangement for unrelated individuals who are not experiencing a disability, nor does the definition include residential facilities exclusively for either prison pre-parolees or sex offenders, even if they are also in recovery. Recovery Residences do not include community residential homes that are defined in Section 419.001(1)(a), Florida Statutes, as amended.
o Reasonable Accommodation: A modification or exception to land use or zoning regulations necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling.
• Establishes a formal application process for reasonable accommodation requests by certified Recovery Residences as required by State Law.
• Establishes as an evaluation criteria a minimum separation of 660 feet between:
o Existing Recovery Residences and the proposed Recovery Residence.
o Recovery Residences and Special Residential Facilities.
4. Special Residential Facilities are currently defined in the City Code of Ordinances as "Group homes, nursing homes, foster care facilities, life care facilities and adult congregate living facilities are defined by three category types as more fully set forth in the data and analysis section of the city Comprehensive Plan Future Land Use Element, as may be amended from time to time."
5. In addition, the Ordinance renumbered and reserved a portion of Article 5 of the LDC (Specific Use Regulations), leaving space for additional use restrictions in the future should they be needed.
6. Administration recommends passage of proposed Ordinance No. 2026-01 on first reading.
7. Second and final reading of the proposed Ordinance is scheduled for February 18, 2026.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: None
b) Amount budgeted for this item in Account No: Not Applicable.
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project: Not Applicable.
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.
BUSINESS IMPACT ESTIMATE:
Pursuant to Section 166.041, F.S., a Business Impact Estimate (BIE) must be prepared for certain ordinances that impact the operations of local businesses.
a) Is a Business Impact Estimate (BIE) Form attached to this Ordinance? Yes.
b) Is this Ordinance exempt from requiring an Business Impact Estimate (BIE)? Yes.