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Deltona planning board asks city commission to study ADA-trigger code changes after accessibility concerns
Summary
Following concerns about accessibility in older commercial properties, the board voted to ask the city commission to direct staff to evaluate the city's land-development code to consider requiring ADA upgrades when renovation thresholds are met.
The Planning and Zoning Board voted to request that the City Commission direct staff to evaluate Deltona’s code regarding Americans with Disabilities Act (ADA) upgrades tied to renovation thresholds.
Member Northey moved the request, saying the board should examine whether the city should require accessibility upgrades when substantial tenant build-outs or change-of-use work takes place. The motion asked staff to assess thresholds and possible triggers; board members cited examples from Broward and Miami-Dade counties that earmark a percentage of renovation cost for accessibility upgrades. The motion was seconded and passed on a voice vote.
During discussion, Member Northey framed the issue around recent state legislation and local authority. "Home rule has been gutted, essentially," Northey said in a broader comment about state preemption and local control; staff advised the board that Senate Bill 180 contains provisions affecting local permitting and that staff would provide a fuller briefing at a future meeting. Planning staff explained that, under current processes, triggers for required accessibility upgrades commonly occur when external site improvements or building-permit-triggering work is proposed; purely internal, minor work that does not require a permit will generally not trigger a planning review or code-enforcement requirement.
Board members asked staff to research policy options, including a possible threshold similar to the 20%-of-construction-cost example cited for other South Florida jurisdictions, and to return with recommended code language and procedural steps. The motion asked staff to prepare its evaluation for the commission’s consideration.
Next steps: staff will research comparative codes, analyze potential thresholds and legal constraints (including state law and federal ADA obligations), and present options to the commission if directed.
