ALERT: Volusia County’s Chapter 72 Rewrite Sparks Outrage Over Development Oversight

Published on September 7, 2025 at 6:00 PM

Volusia County residents are raising alarms over a sweeping rewrite of Chapter 72 of the county’s zoning code—an overhaul critics say mirrors Florida’s SB 180 and hands unprecedented power to developers while silencing public input. The ordinance, officially titled Ordinance 2025-20, was passed by the County Council in a 4–3 vote and is now being described by opponents as a “gift to development interests.”

What’s Changing

Under the previous system, many land-use proposals—known as “special exceptions”—required approval from both the Planning & Land Development Regulation Commission (PLRDC) and the County Council, with public hearings offering residents a chance to weigh in. The new ordinance reclassifies many of these exceptions as “By Right” uses, meaning county staff can approve them without council oversight or public comment.

This shift removes elected officials from the decision-making process on major projects and places authority in the hands of unelected staff. While the stated goal is to streamline development approvals, critics argue it erodes transparency and accountability.

Why It Matters

  • No public hearings: Residents lose the opportunity to voice concerns about projects that may affect their neighborhoods.

  • No council votes: Elected officials can now deflect responsibility, claiming decisions were made by staff.

  • No direct accountability: County staff are taxpayer-funded but not elected, leaving citizens with no recourse if they disagree with decisions.

Examples of Uses Now Approved “By Right”

  • Parking garages

  • Excavation for stormwater ponds

  • Hotels and motels

  • Bars and liquor stores

Uses Going Only to PLRDC (No Council Vote)

  • Airports

  • Racetracks

  • Gas and oil wells

  • Cluster “zero lot line” subdivisions

These types of developments often carry significant environmental, traffic, and public health implications—making the loss of public oversight especially concerning to residents.

Who’s Behind the Push

The ordinance was supported by Council Members Danny Robins, David Santiago, Jake Johannson, and Don Dempsey, all of whom are up for re-election in 2026. Council Chair Jeff Brower, Vice Chair Matt Reinhart, and District 4’s Troy Kent opposed the measure, citing overwhelming public opposition and procedural concerns.

Kent stated, “I have received, I think, hundreds of emails on this Chapter 72 change, and I believe 100 percent of them have been against doing it”.

How It Works

The new ordinance reclassifies land uses into categories that determine how they’re approved:

  • Permitted Principal Uses: Automatically allowed with no review.

  • Special Exceptions (PLRDC only): Reviewed by the planning commission, no council vote.

  • Special Exceptions (Council required): A shrinking category under the new rules.

  • Conditional Use Permits: Still require more scrutiny, but fewer uses fall under this category now.

Disclaimer

This news story is based on publicly available information and reporting from sources including the Daytona Beach News-Journal and Volusia County Government documents. It reflects concerns raised by residents, council members, and public commenters during official meetings. The ordinance is complex and still subject to interpretation and potential revision. For full details, residents are encouraged to review the official ordinance and attend public meetings to stay informed.

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