boardname
ZONING BOARD OF APPEALS
Meeting Date: DECEMBER 18, 2025
title
SPECIAL EXCEPTION - POMPANO BEACH POWER SQUADRON INC
projectinfo
Request: Special Exception
P&Z# 25-17000013
Owner: Pompano Beach Power Squadron Inc
Project Location: 3701 NE 18 Ter
Folio Number: 484318010360 & 484318010350
Land Use Designation: LM- LOW-MEDIUM 5-10 DU/AC
Zoning District: Multiple-Family Residence 12 (RM-12)
Commission District: 2 (Rhonda Sigerson-Eaton)
Agent: Ahmad Alkhafaji
Project Planner: Scott Reale
otherinfo
Summary:
The Applicant Landowner is requesting SPECIAL EXCEPTION approval as required by Section 155.4211(D)(1) [Districts Where Permitted] of the Pompano Beach Zoning Code in order to utilize the subject property (RM-12 zoning district) for a Place of Worship.
The property is located on the west side of NE 18th Terrace in the North Pompano Beach Section A subdivision, approximately 140 feet north of E Sample Road.
ZONING REGULATIONS
155.4211. INSTITUTIONAL: OTHER INSTITUTIONAL USES
…
D. Place of Worship
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 |
|
S |
S |
S |
S |
|
S |
S |
S |
S |
S |
S |
|
S |
S |
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 |
P |
2. Definition
A place of worship is a building or structure, together with its accessory buildings and uses, where people regularly assemble to conduct religious worship, ceremonies, rituals, and education. The building or structure and its accessory buildings and uses are maintained and controlled by a religious body. Places of worship include chapels, churches, mosques, shrines, synagogues, tabernacles, temples, and other similar religious places of assembly. Accessory uses may include administrative offices, classrooms, meeting rooms, and cooking and eating facilities. A place of worship may include other uses that generally exist as principal uses-e.g., adult day care center, child care facility, school, cemetery, playground, or other recreational facility. Such uses are treated as principal uses and subject to the standards and limitations applicable to such uses.
3. Standards
A decision-making authority may grant modifications of the standards applicable to places of worship on finding that the modification is necessary to eliminate a substantial burden on religious practice, as guaranteed by the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000 (42 U.S.C. Sec. 2000), as amended. In doing so, the decision-making authority may impose conditions consistent with RLUIPA that will substantially secure the objectives of the modified standard and substantially mitigate any potential adverse impact on the environment or adjacent properties.
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The subject property was originally developed in the late 1960s under Broward County zoning jurisdiction and annexed into the City of Pompano Beach in 2004 (Resolution 2004-323). While the original permits could not be found, the most recent Certificate of Occupancy was issued on March 24, 1988 (Broward County Building Permit #87-6862) for a kitchen addition associated with a nonprofit club. The approved site plan established a maximum assembly capacity of 124 occupants. Since 2008, the building has maintained a Business Tax Receipt as a nonprofit fraternal boating club offering boating education and safety courses.
2. The proposed Place of Worship constitutes a Change of Use from Building Code classification B-2 to A-3 (assembly uses for worship or recreation). This change may require updates to life-safety and occupancy requirements. No landscape plan of record exists; therefore, a Change of Use will require a retroactive landscape plan and modest site improvements.
3. The applicant’s floor plan identifies 2,352 sq ft of sanctuary area. Applying the Florida Building Code’s assembly load factor of 15 sq ft/person, the estimated maximum occupancy is 156 persons, subject to Building Department verification. The Zoning Code requires 1 parking space per 5 occupants for Places of Worship.
4. The applicant reports a congregation size of approximately 80 members. The existing survey reflects approximately 24 parking spaces. The adjacent vacant parcel to the north-also included in the Special Exception request-provides space for future parking expansion if required. City records confirm that this vacant parcel previously contained a Place of Worship demolished in 2009 (Building Permit #09-5816).
5. The property is the subject of an active Code Compliance Case (#25-09002411), addressing invasive landscaping, fencing deficiencies, garbage accumulation, and parking lot surfacing and striping. These violations must be corrected prior to initiating church operations.
6. Given the property’s longstanding institutional function, the transition from a nonprofit instructional club to a religious assembly use represents a modest change in land-use character. The applicant states that services will primarily occur on weekends, which may reduce potential impacts to adjacent residential areas.
7. The applicant has submitted responses to all thirteen (13) Special Exception review standards.
LAND USE PATTERNS
Subject property (Zoning District | Existing Use):
• RM-12 | nonprofit use (3701 NE 18 Ter) and vacant land (3721 NE 18 Ter)
Surrounding Properties (Zoning District | Existing Use):
• North: RM-12 | triplex
• South: B-3 | retail strip center (various commercial uses)
• West: RS-4 | duplex, single-family, and parking lot
• East: B-3 | Wawa convenience store and fuel; future El Car Wash
SPECIAL EXCEPTION REVIEW STANDARDS
A Special Exception shall be approved only on a finding that there is competent substantial evidence in the record that the Special Exception, as proposed:
1. Is consistent with the comprehensive plan;
2. Complies with all applicable zoning district standards;
3. Complies with all applicable use-specific standards in Article 4: Use Standards;
4. Avoids overburdening the available capacity of existing public facilities and services, including, but not limited to, streets and other transportation facilities, schools, potable water facilities, sewage disposal, stormwater management, and police and fire protection;
5. Is appropriate for its location and is compatible with the general character of neighboring lands and the uses permitted in the zoning district(s) of neighboring lands. Evidence for this standard shall include, but not be limited to, population density, intensity, character of activity, traffic and parking conditions and the number of similar uses or special exception uses in the neighborhood;
6. Avoids significant adverse odor, noise, glare, and vibration impacts on surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other site elements;
7. Adequately screens, buffers, or otherwise minimizes adverse visual impacts on neighboring lands;
8. Avoids significant deterioration of water and air resources, scenic resources, and other natural resources;
9. Maintains safe and convenient ingress and egress and traffic flow onto and through the site by vehicles and pedestrians, and safe road conditions around the site and neighborhood;
10. Allows for the protection of property values and the ability of neighboring lands to develop uses permitted in the zoning district;
11. Fulfills a demonstrated need for the public convenience and service of the population of the neighborhood for the special exception use with consideration given to the present availability of such uses;
12. Complies with all other relevant city, state and federal laws and regulations; and
13. For purposes of determining impacts on neighboring properties and/or the neighborhood, the terms neighboring properties and neighborhood shall include the area affected by the requested special exception, which is typically an area of 500 feet to a one-half mile radius from the subject site.
Staff Conditions:
Should the Board determine the applicant has provided competent, substantial evidence sufficient to satisfy the thirteen (13) Special Exception review standards, staff requests the Board include the following conditions as part of the Order:
1. The applicant shall obtain all necessary governmental permits and approvals, including, but not limited to a Zoning Use Certificate and Change of Use prior to commencement of operations.
2. The applicant shall record a Unity of Title (or similar instrument acceptable to the City Attorney) unifying the two parcels, so the property functions as a single lot for zoning and development purposes.
3. The applicant shall resolve all violations identified in Code Case #25-09002411, including submission of a retroactive landscape plan and associated upgrades to nonconforming site features, to the maximum extent practicable and as required by the Zoning Code.