boardname
ZONING BOARD OF APPEALS
Meeting Date: OCTOBER 15, 2026
title
SPECIAL EXCEPTION [FAMILY COMMUNITY RESIDENCE] - YASMIN ISLAM
projectinfo
Request: Special Exception
P&Z# 26-17000008
Owner: Yasmin Islam
Project Location: 207-209 NE 23 Ave
Folio Number: 484236010660
Land Use Designation: ETOC (East Transit Oriented Corridor)
Zoning District: TO-EOD (Transit Oriented East Overlay District)
Commission District: 1 (Audrey Fesik)
Agent: Yasmin Islam
Project Planner: Scott Reale
otherinfo
Summary:
The Applicant Landowner is requesting Special Exception approval pursuant to Section 155.4202(I)(3) of the City’s Zoning Code [Family Community Residence Standards] to allow the subject property, located in the TO-EOD Zoning District, to be utilized as a family community residence. The proposed residence is located less than 660 linear feet from an existing community residence or recovery community, in lieu of the minimum 660-foot separation required by Code.
The property is located on the west side of NE 23rd Avenue between NE 2nd Street and NE 4th Street in the Harbor Village neighborhood.
ZONING REGULATIONS
155.4202. RESIDENTIAL: HOUSEHOLD LIVING USES
…
I. Family Community Residence
1. Districts Where Permitted
|
RS-1 |
RS-2 |
RS-3 |
RS-4 |
RS-L |
RD-1 |
RM-7 |
RM-12 |
RM-20 |
RM-30 |
RM-45 |
MH-12 |
B-1 |
B-2 |
B-3 |
B-4 |
|
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
P |
P |
P |
|
|
M-1 |
CR |
I-1 |
I-IX |
OIP |
M-2 |
TO |
PR |
CF |
PU |
T |
BP |
RPUD |
PCD |
PD-TO |
LAC |
PD-1 |
|
|
|
|
|
|
|
P |
|
|
|
|
|
P |
P |
P |
P |
P |
2. Definition
A family community residence is a community residence that provides a relatively permanent living arrangement for people with disabilities where, in practice and under its rules, charter, or other governing document, does not limit how long a resident may live there. The intent is for residents to live in a family community residence on a long-term basis, typically a year or longer. Oxford House is an example of a family community residence.
3. Standards
a. Except as required by Chapter 419 state law, a family community residence shall be allowed as of right in the designated zoning districts, when:
i. It is at least 660 linear feet from the closest existing community residence housing four or more individuals or recovery community as measured from the nearest property line of the proposed community residence to the nearest property line of the closest existing community residence or recovery community, and
ii. The operator or applicant is licensed or certified by the State of Florida to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence such as an Oxford House.
b. A family community residence that does not comply with both standards a. and b. may be allowed only by special exception in accord with the applicable standards in Section 155.2406 of this Code.
4. Reasonable Accommodation Required for More than Ten Occupants
To establish a family community residence for more than ten occupants, the applicant shall submit a request for reasonable accommodation in accord with the procedures and applicable standards in Section 155.2432 of this Code except as required by state law.
5. License Certification, or Recertification Denied or Suspended
A family community residence that has been denied a license the State of Florida requires or certification offered by the State of Florida, had its license or certification suspended, or be denied recertification is not allowed in the City of Pompano Beach and must cease operations and vacate the premises within 60 days of the date on which its license or certification was denied or suspended or recertification denied.
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The subject property has no open building permits and no open Code Enforcement cases.
2. The floorplans in the original building permit documents show a duplex with a total of five bedrooms and two living rooms. The applicant is proposing a Family Community Residence at this location for six (6) residents.
3. Ordinance No. 2018-60, adopted June 12, 2018, established Pompano Beach regulations governing Community Residences and Recovery Communities to provide prospective operators clarity and certainty regarding where such uses may locate as of right and where Special Exception approval is required.
4. Community Residences and Recovery Communities are subject to distance separation requirements intended to avoid clustering and the potential alteration of the residential character of neighborhoods. When a proposed Family Community Residence does not satisfy the minimum separation requirement, the use may be permitted through Special Exception approval by the Zoning Board of Appeals, subject to the applicable review standards.
5. A Special Exception is required when a proposed Family Community Residence is located within 660 linear feet of an existing community residence housing four or more individuals or recovery community, as measured from the nearest property line of the proposed residence to the nearest property line of the existing residence or recovery community. The Applicant applied for a Community Residence & Recovery Community Certificate in August 2026, and the application was denied because the Zoning reviewer identified a lawfully existing recovery community located at 232 NE 23rd Avenue, approximately 235 feet from the subject property.
6. The Applicant has indicated they are in the process of obtaining FARR (Florida Association of Recovery Residences) certification, pending approval of this Special Exception application.
7. Pompano Beach, Florida: Principles to Guide Zoning for Community Residences for People with Disabilities prepared by Daniel Lauber, AICP, June 2018, is included in the backup of this agenda item. Mr. Lauber is a planning and zoning law expert who has worked extensively on zoning regulations for community residences and has prepared model zoning guidelines for community residences on behalf of the American Planning Association and American Bar Association. The study was accepted by the City Commission through Resolution No. 2018-99 and subsequently revised and accepted through Resolution No. 2018-178. The study served as an important basis for the City’s regulations governing Community Residences and Recovery Communities. The study recognizes that spacing standards can serve a legitimate governmental interest in preventing community residences from clustering. However, it also recognizes that proposals located within the spacing distance warrant case-by-case consideration through a special use permit process. The study further recognizes that community residences are intended to foster normalization and community integration and are compatible with the residential character and family-oriented purposes of residential zoning districts.
8. Also included in the backup of this agenda item is a May 15, 2018 Memorandum from Daniel Lauber titled Tips for Evaluating Special Exception Applications for Community Residences and Recovery Communities Located Within the Spacing Distance.
9. The definition of a Family Community Residence states that the intent is for residents to live in the residence on a long-term basis, typically a year or longer. Conversely, a Transitional Community Residence provides a temporary living arrangement for four to ten unrelated people with disabilities, with a tenancy of less than one year. The Applicant is seeking approval specifically for a Family Community Residence; therefore, the proposed operation is intended to provide long-term housing rather than short-term or transitional accommodations.
10. Four parking spaces are required for a Community Residence proposing six residents. If the Special Exception is approved, the site must be upgraded to provide four onsite parking spaces consisting of a hard, dustless, bonded surface material, as the existing parking area is currently unpaved.
LAND USE PATTERNS
Subject property (Zoning | Existing Use): TO-EOD | duplex
Surrounding Properties (Zoning District / Existing Use):
• North: TO-EOD | duplex
• South: TO-EOD | multi-family dwelling
• East: RD-1 | triplex
• West: TO-EOD | single-family dwelling and duplex
SPECIAL EXCEPTION REVIEW STANDARDS FOR COMMUNITY RESIDENCES
A Special Exception for a community residence (family or transitional) shall be approved by simple majority vote of the Board members present, only on a finding that there is competent substantial evidence in the record that the Special Exception meets the following applicable standards:
1. When the proposed community residence arrangement is required to obtain a special exception because it would be located within 660 linear feet of an existing community residence or recovery community:
a. The applicant demonstrates that the proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence or recovery community and that the presence of other community residences or recovery communities will not interfere with the normalization and community integration of the residents of the proposed community residence, and
b. The applicant demonstrates that the proposed community residence in combination with any existing community residences and/or recovery communities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying an institutional atmosphere or de facto social service district by concentrating or clustering community residences and/or recovery communities on a block face or in a neighborhood.
Staff Analysis of Review Standards
a. Normalization and Community Integration
Staff finds that the proposed Family Community Residence is not expected to interfere with the normalization and community integration of the residents of the existing recovery community located at 232 NE 23rd Avenue, nor is the existing recovery community expected to interfere with the normalization and community integration of the proposed residents. The proposed residence will operate from an existing duplex in a predominantly residential neighborhood and will accommodate six residents in a manner consistent with the long-term residential character of a Family Community Residence.
b. Residential Character / Institutional Atmosphere
Staff further finds that the proposed Family Community Residence, in combination with the existing recovery community, is not expected to alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or a de facto social service district. The subject property is an existing duplex surrounded primarily by residential uses, and the proposed six-person residence is consistent in scale and intensity with the existing residential development pattern. Although the proposed residence is within the 660-foot separation distance, the circumstances of the site do not indicate that approval would result in a concentration or clustering of community residences or recovery communities sufficient to create an institutional atmosphere within the neighborhood.
Based upon the proposed long-term residential use, the number of residents, the existing residential character of the property, and the surrounding land use pattern, staff finds the proposed Family Community Residence to be compatible with the surrounding neighborhood and consistent with the intent of the City’s regulations governing Community Residences.
Staff Conditions:
Should the Board determine the applicant has provided competent substantial evidence sufficient to satisfy the two Special Exception review standards for a Community Residence, staff request the Board include the following conditions as part of the Order:
1. Obtain all necessary governmental permits and approvals, including an approved Community Residence Certificate and a BTR for a rental property.
2. Obtain and maintain FARR certification and any other required licensing or certification for operation of the Family Community Residence.
3. Provide four onsite parking spaces consisting of a hard, dustless, and bonded surface material.
4. Approval is strictly limited to a “Family Community Residence,” including long-term residential occupancy as described in the application. Any change in the operation that would cause the use to meet the definition of a “Transitional Community Residence,” including a tenancy structure with a term of less than one year, shall require separate Special Exception approval.