EMINENT DOMAIN WAIVERS AND EXCEPTIONS

Orlando City Code ch. 58, pt. 7, pt. 7G

in effect

Orlando City Code § 58.1185 Findings of Fact.

Sec. 58.1185. - Findings of Fact. The City Council of the City of Orlando hereby finds that the acquisition of private property by various governmental or public agency entities, so authorized by law through the eminent domain process, including trial, or negotiations prior thereto, is an extremely costly and rigorous process. Allowing the appropriate City staff, pursuant to established guidelines, procedures and criteria, to grant waivers and exceptions from certain City land development codes or regulations, or to apply for variances on behalf of affected property owners serves a valid public purpose and promotes the general safety and welfare of the citizens and land owners of the City. (Ord. of 4-5-1999, § 1, Doc. #32006)

Orlando City Code § 58.1186 Intent.

Sec. 58.1186. - Intent. It is the intent of this Part to establish a fair procedure by which the appropriate City staff can grant waivers and exceptions to City land development regulations, as well as engineering codes and regulations, or to seek waivers or variances before the appropriate boards, in order to ensure that legally affected property owners have a viable and fair means of preventing or reducing any adverse impact upon their property as a result of the condemnation process, and to allow the continued use of said property in a manner as similar to its precondemnation condition as practicable. Further, it is the intent of this Part 7H to establish procedures which will reduce the cost of acquisitions of property needed for public improvements. (Ord. of 4-5-1999, § 2, Doc. #32006)

Orlando City Code § 58.1187 Authority of Department Heads.

Sec. 58.1187. - Authority of Department Heads. Department Heads, which is hereinafter defined to include their designee(s), having jurisdiction over land development regulations, and engineering codes, ordinances, regulations, or resolutions, shall have the authority to grant waivers or exceptions, or, if City Code so provides and a waiver or exception is not available, to seek variances, to and from applicable City Codes, ordinances, regulations, or resolutions. Such authority is conditioned upon a determination that the waiver, exception, or variance does not adversely affect the public health, safety or welfare. This determination shall be made in writing with copies distributed to the Office of Legal Affairs, The Real Estate Department, and the Office of Permitting Services. (Ord. of 4-5-1999, § 3, Doc. #32006)

Orlando City Code § 58.1188 Application for Waivers and Exceptions.

Sec. 58.1188. - Application for Waivers and Exceptions. (a) The condemning authority, or the landowner, may apply in writing to the appropriate Department Head for a determination that the granting of the waiver or exception will not result in a condition which adversely affects the health, safety or welfare of the general public. (b) The appropriate Department Head shall, within thirty (30) days of receipt of the application, issue a signed letter to all parties granting or denying the waiver or exception. (c) If the waiver or exception is denied hereunder, and if the applicable City Code provisions allow, the owner or condemning authority may apply for other relief including, but not exclusively, a variance or an appeal. (Ord. of 4-5-1999, § 4, Doc. #32006)

Orlando City Code § 58.1189 Waivers and Exceptions.

Sec. 58.1189. - Waivers and Exceptions. If, as a result of a governmental acquisition of property, either by negotiation or condemnation, existing lots, parcels, structures, or uses of land become nonconforming within the provisions of the City Code, the following provisions may apply with respect to the Application for Waiver or Exceptions (Section 58.1188): (1) Existing characteristics of use which become nonconforming or increase in nonconformity as a result of the acquisition, including but not limited to, minimum lot size, setbacks, open space, off-street parking, landscape requirements, drainage and retention, shall be required to meet Code requirements to the greatest extent practicable and to the satisfaction of the appropriate Department Head. Thereafter, the existing characteristics of use shall be deemed conforming to the extent of those non-conformities caused by the government's acquisition. Any further redevelopment, expansion, or enlargement thereof shall be in accordance with all applicable City Code requirements. (2) In granting any waiver or exception to City Code requirements, the Department Head of the department having jurisdiction over the specific area of the Code shall: a. Determine that the requested exception or waiver will not adversely affect visual, safety, aesthetic or environmental concerns of neighboring properties. b. Determine that the requested exception or waiver shall not adversely affect the safety of pedestrians or operators of motor vehicles. c. Preserve Code-required off-street parking requirements to the greatest extent practicable. The reconfiguration, reduction, or removal of landscape and/or open space requirements may be considered to preserve off-street parking. (3) If any legally existing structure(s) (principal or accessory), or vehicular use area(s) must be relocated as a direct result of the governmental acquisition, or as a result of safety concerns, if allowed to remain after the acquisition, then the appropriate Department Head in consultation with the Building Official may allow the relocation of the structure on the remaining property, so as to comply with all applicable regulations to the greatest extent practicable. If the allowed relocation results in substandard characteristics of use, it shall be deemed thereafter to be conforming with respect to said characteristics. Any future expansion or enlargement thereof shall be in accordance with all applicable Code requirements. (4) Legally existing structures (principal or accessory) or vehicular use areas which become nonconforming or increase in nonconformity according to subsection (1), and which are thereafter damaged or destroyed other than by voluntary demolition, to an extent of more than fifty percent (50%) of assessed value at the time of destruction can be restored, but only to predestruction condition. Any expansion or enlargement under this Section that does not increase the nonconformity of a characteristic of use shall only occur in accordance with all applicable Code requirements. (5) If a structure to be relocated harbors a nonconforming use, the Zoning Official and Building Official may permit a relocation pursuant to this Part, if the appropriate Department Head determines that public harm will not result. (6) Where part of a principal structure is acquired, the reconstruction of said structure (same size and use) may be permitted. The reconstruction must meet City Code to the greatest extent practicable and to the satisfaction of the appropriate Department Head and the Building Official. The reconstructed structure shall thereafter be deemed conforming as to those non-conformities caused by the government acquisition. Any future expansion or enlargement shall meet any and all applicable Code provisions. (7) Any alterations, repairs or rehabilitation work necessitated by a governmental or public agency acquisition may be made to any existing structure, building, electrical, gas, mechanical or plumbing system without requiring the building, structure, plumbing, electrical, mechanical or gas system to comply with all the requirements of the technical codes provided that the alteration, repair or rehabilitation work conforms to the requirements of the technical codes for new construction. The Building Official shall determine the extent to which the existing system shall be made to conform to the requirements of the technical codes for new construction. (Ord. of 4-5-1999, § 5, Doc. #32006)

Orlando City Code § 58.1190 Signs.

Sec. 58.1190. - Signs. A sign which is located on a parcel that is subject to acquisition by a governmental or public agency for a public purpose may, subject to approval of the appropriate Department Head, be relocated on the remaining portion of the parcel in accordance with the following: (1) The sign must be relocated on the remaining parcel in such a manner as to meet the setback and distance separation requirements. If due to the size and/or configuration of the remaining parcel, setback and distance separation requirements cannot be met, then, subject to the approval of the Zoning Official, the sign may be relocated so as to comply with such regulations to the greatest extent practicable as determined by the Zoning Official. (2) Any legally existing nonconformity of a sign, other than setback or distance separation, shall not be increased upon relocation. (3) If the sign to be relocated is a legal, but nonconforming sign, upon proof submitted by the applicant and subject to the determination by the Zoning Official that public harm would not occur, then such sign may be relocated pursuant to this subsection notwithstanding the provisions of the City's sign ordinance. (Ord. of 4-5-1999, § 6, Doc. #32006)

Orlando City Code § 58.1191 Authority for Staff to Testify at Judicial proceedings on the Likelihood of Waivers or Exceptions.

Sec. 58.1191. - Authority for Staff to Testify at Judicial proceedings on the Likelihood of Waivers or Exceptions. (a) The appropriate Department Head is hereby authorized to testify in judicial proceedings as to the likelihood of whether a waiver or exception from City codes or regulations would be granted or the reasons the Department Head has granted the waiver or exception. (b) In testifying, the Department Head is specifically authorized to employ the following criteria: (1) History of similar waivers or exceptions being granted by the City or its appropriate boards. (2) Analysis of why the waiver or exception would not unreasonably affect surrounding property owners. (3) Analysis of the potential hardship imposed by the government acquisition. (4) Analysis of any and all other criteria normally considered by the appropriate boards or departments in granting similar waivers or exceptions and how those criteria relate to the subject and neighboring properties. (5) That the granting of a waiver or exception would not adversely affect the public health, safety or welfare. (Ord. of 4-5-1999, § 7, Doc. #32006)

Orlando City Code § 58.1192 No Vested Rights.

Sec. 58.1192. - No Vested Rights. (a) The provisions of this Part 7H shall not be interpreted to grant or allow a vested right in any particular building, development, or property that is subject to or affected by government acquisition. (b) The appropriate building officials and inspectors are authorized to take any and all necessary steps to enforce all applicable development, land use, building and safety codes even though the subject property is part of a condemnation action or other government acquisition of property. (Ord. of 4-5-1999, § 8, Doc. #32006)

Source: City of Orlando, Florida, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH58ZODIUS_PT7NODIUS_7GEMDOWAEXFetched: 11/1/2026