Deltona planning board asks commission to study ADA upgrade triggers in code

The Planning and Zoning Board of the City of Deltona voted to request that the City Commission direct staff to evaluate local code to determine whether specific renovation or change-of-use thresholds should require ADA accessibility upgrades.

Member Northey made the motion asking staff to study whether a threshold (members discussed an example of 20 percent of construction cost used in other South Florida jurisdictions) should trigger mandatory ADA upgrades when tenants renovate or change uses in existing buildings. The motion passed on a voice vote with no recorded opposition.

Board members framed the request amid questions about how federal ADA requirements and local review interact. A staff speaker summarized that ADA requirements had been in effect since the early 1990s and said triggers for review differ depending on whether changes are external (site improvements) or internal (tenant build-outs) and whether permitting is required. “It depends,” staff cautioned, using a fact-specific standard: external improvements typically trigger an accessibility review; purely internal work that does not change use or require permits may not.

Members cited local concerns and examples: Northey said the city needs clarity because, she said, “we are living it now” following recent state legislation and changes in local conditions. Board members discussed the potential burden on small businesses and landlords if a code required substantial accessibility upgrades with tenant build-outs; one board member noted jurisdictions in Broward and Miami-Dade use a percentage-threshold approach tied to construction cost and property appraised value.

The board also requested two administrative follow-ups in the same meeting: (1) staff agreed to provide a workshop or presentation explaining the local effects of recently referenced state measures (Senate Bill 180 and the "Live Local" Act) so members understand any preemption or permitting changes that affect board review; and (2) staff agreed to coordinate with the city clerk on state financial-disclosure (Form 1) filing reminders after several members reported either receiving late state emails or needing assistance.

Staff said they will bring recommended next steps to the commission if directed, and that a formal code amendment would be procedurally required to implement a threshold mandate. The motion before the board asked specifically that the City Commission direct staff to evaluate the city’s code and return with options for thresholds and implementation practices.