Deltona planning board recommends approval of ordinance aligning city code with state rules for certified recovery residences

The City of Deltona Planning & Zoning Board on Oct. 15 recommended approval of Ordinance 36-2025, which updates the city’s Land Development Code and zoning rules to reflect Florida law governing certified recovery residences. The board voted unanimously on a roll call to send the ordinance to the City Commission for final action.

The ordinance revises Section 110-8.14 and Chapter 74 to establish a procedural framework for reviewing certified recovery residences and to incorporate a reasonable-accommodation process required by state law. “A certified recovery residence is a safe, sober and supportive living environment that helps individuals maintain a long term recovery from substance use,” Mr. Smith, a city planning staff member, told the board while presenting the amendments.

Board members raised neighborhood concerns during discussion, including maximum occupancy, parking, proximity to schools and day-care facilities, inspection standards and tax classification. Member Stewart summarized resident questions: “So how will that be managed? Do we know? … if it’s a 2-bedroom home, we don’t want 10 people probably living in there.” Smith and other staff explained the city’s limited discretion on occupancy limits and the interplay with state licensing.

City staff told the board that Deltona’s existing code does not set a blanket maximum-occupancy rule for single-family homes because such regulation can implicate constitutional protections for family units. Instead, staff said, the state licensing framework already regulates occupancy for recovery residences based on structure size, and the city can evaluate any requested reasonable accommodation against that license and local zoning compatibility. “If, for example, the recovery residence is licensed for 30 individuals and they want to go into a single-family home, the city can review that against the size of the home,” Smith said.

Board members also noted language that appeared in an earlier draft and was removed from the version before them. One earlier draft had allowed larger capacities and specific staffing ratios (a cited example in the prior draft referenced up to 150 residents and a 1-to-8 ratio); board members said that language is not in the current version. Staff pointed to exhibit A in the final packet, which includes a definition of “reasonable accommodation” and examples (lines referenced by board members during the meeting) and said the current ordinance is intended to implement Senate Bill 954 and other applicable Florida statute references while avoiding provisions from a house companion bill that did not become law.

After discussion, a board member moved to recommend approval of Ordinance 36-2025 and another member seconded. The board completed a roll-call vote: Alternate Seltos (yes); Member Gonzales (yes); Member Northey (yes); Member Stewart (yes); Secretary Moroso (yes); Vice Chair Derrico (yes); Chair Cardo (yes). The motion passed unanimously.

Staff recommended the board find the amendments consistent with Deltona’s comprehensive plan and forward the ordinance to the City Commission. Staff also said it would ensure board members had the correct, updated handout; board members requested staff confirm which document version should be used for future reference.

Separately, staff announced a joint workshop with the City Commission on Monday, Nov. 10, at 5:30 p.m. to review comprehensive-plan amendments and Chapter 1 topics including future land use, housing and mixed-use centers.

The board’s recommendation moves Ordinance 36-2025 to the City Commission for final consideration; no Commission action occurred during the planning board meeting.