Volusia County’s Planning and Land Development Regulation Commission on Nov. 20 voted unanimously to forward Ordinance 2025-26 to the County Council with a staff-recommended amendment extending the local appeal period from 30 days to 90 days.

County attorney Mister Soria told the commission the change responds to a state law that requires counties to adopt a process by Jan. 1, 2026, to provide reasonable accommodations to land-use rules when a property hosts a state-certified recovery residence. "The good people at Tallahassee have written a bill that says that we need to have an ordinance in place prior to 01/01/2026 that makes a reasonable accommodation for certified recovery facilities," he said.

Under the ordinance, a facility that holds state certification and whose best-management practices conflict with a local land-use rule — such as a setback or occupancy limit — may apply for a reasonable accommodation through an administrative, staff-level review. Soria said the accommodation is narrower than a variance because staff can consider the operator, activities and business model along with property characteristics.

Commissioners raised concerns about neighborhood notice and operational impacts. Commissioner Bush asked whether the 30-day automatic-approval language was required by state law; Soria confirmed it was but agreed the local appeal window could be lengthened. After discussion about ensuring neighbors have time to assess a facility once it is in operation, members agreed that 90 days gives the surrounding community more opportunity to appeal an administrative determination once the facility is operating.

Commissioners also asked whether certification is site-specific and whether certified facilities could be for-profit or nonprofit; Soria said certification is site-specific and that certified recovery residences are treated under state law as residential uses rather than businesses, which limits local zoning prohibitions. The commission discussed levels of certification and attendant operational differences such as on-site staff and daytime activity.

The commission voted to forward Ordinance 2025-26 to county council with the amendment changing the appeal period on the administrative determination to 90 days. The vote was unanimous.