CONDITIONAL USE PERMIT

Orlando City Code ch. 65, pt. 2, pt. 2D

in effect

Orlando City Code § 65.280 Purpose of Conditional Use Permit Requirements.

Sec. 65.280. - Purpose of Conditional Use Permit Requirements. This Part is established to provide standards and procedures for the granting of Conditional Use Permits where expressly authorized by the provisions of this Chapter, through a legislative review by the Municipal Planning Board and City Council where they find that certain conditions have been met. (Ord. of 9-16-1991, Doc. #25102)

Orlando City Code § 65.281 When Conditional Use Permit Review Procedures Apply.

Sec. 65.281. - When Conditional Use Permit Review Procedures Apply. The Conditional Use Permit procedures of this Part shall apply to the following types of uses and activities: (a) Uses specified as conditional uses in the Table of Allowable Uses (see Chapter 58, Part 1). (b) The expansion of any nonconforming use (see Chapter 58, Part 7D). (c) Amendment of an approved Precise Plan in an SP Specially Planned Area Overlay District. (d) Accessory parking lots in certain districts (see Chapter 61, Part 3). (e) Building heights specified as Conditional in the Table of Zoning District Regulations (see Chapter 58, Part 1). (f) Transfer of floor area for remote parking facilities. (g) The sale of alcoholic beverages for on-premise consumption or the package sale of alcoholic beverages in a place of business within 1,000 feet, outside of the AC-3A/T zoning district, or 200 feet within the AC-3A/T zoning district, of an established K through 12 school or church. (See Chapter 58, Part 4B). (h) The reestablishment of a nonconforming use that has been discontinued for more than 6 months but not more than two years (See Chapter 58, Part 7D). (i) Signs identified in Chapter 64, Table 1. (Ord. of 9-16-1991, Doc. #25102; Ord. of 10-29-2001, § 12, Doc. #011029704; Ord. No. 2010-33, § 6, 8-30-2010, Doc. #1008301102; Ord. No. 2019-46, § 3, 10-7-2019, Doc. #1910071201; Ord. No. 2020-44, § 2, 9-21-2020, Doc. #2009211202; Ord. No. 2023-1, § 3, 3-20-2023, Doc. #2303201206)

Orlando City Code § 65.282 Pre-Application Conference.

Sec. 65.282. - Pre-Application Conference. Except where this requirement is specifically waived by the Planning Official, prior to submitting an application for a Conditional Use Permit, the applicant shall meet with the staff of the Planning and Development Department to discuss informally the requirements of this Part and the nature of the proposed development. (Ord. of 9-16-1991, Doc. #25102)

Orlando City Code § 65.283 Submittal of the Application.

Sec. 65.283. - Submittal of the Application. The applicant shall submit to the Planning and Development Department a Conditional Use Permit application which conforms to the submittal requirements of this Part. No application shall be deemed accepted unless it is complete. Deadlines for applications shall be established and adhered to. (Ord. of 9-16-1991, Doc. #25102)

Orlando City Code § 65.284 The Review Process.

Sec. 65.284. - The Review Process. Municipal Planning Board. The Municipal Planning Board shall hold a public hearing with due public notice to consider the application. Based on the application, the requirements of this Chapter and the recommendations of the staff, the Board shall prepare recommendations for the consideration of the City Council. City Council. Following review by the Municipal Planning Board, the application shall be forwarded to the City Council. Based on the application, the requirements of this Chapter and the recommendations of the Municipal Planning Board, the City Council shall approve, approve with conditions, or deny the application. Conditions. When the City Council approves any Conditional Use Permit, they may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this Chapter, including any of the following. Violation of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is approved, shall be deemed a violation of this Chapter subject to enforcement under the provisions of Chapter 5 of this City Code. (a) Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor. (b) Establish a special yard or other open space or lot area or dimension. (c) Limit the height, size or location of a building or other structure. (d) Designate the size, number, location or nature of vehicle or pedestrian access points. (e) Increase the amount of street dedication, roadway width, or improvements required within the street right-of-way. (f) Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading area. (g) Limit or otherwise designate the number, size, location, height or lighting of signs. (h) Limit the location and intensity of outdoor lighting or require its shielding. (i) Require berming, screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility. (j) Designate the size, height, location or materials for a fence or wall. (k) Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources. (l) Consider the size, style, history, and appearance of a structure. (m) Specify other conditions to permit development of the City in conformity with the intent and purpose of this Chapter and the adopted Growth Management Plan. (Ord. of 9-16-1991, Doc. #25102)

Orlando City Code § 65.285 Standards of Review for Conditional Use Permit Applications.

Sec. 65.285. - Standards of Review for Conditional Use Permit Applications. In their review and consideration of conditional use permit applications, the Municipal Planning Board and the City Council must consider the following factors: Purpose and Intent. The purpose and intent and all other requirements of the Land Development Code. Growth Management Plan. Whether the proposal is consistent with all applicable policies of the City's adopted Growth Management Plan. Compatibility. The compatibility of the proposal with surrounding land uses and the general character of the area including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, and appearance. Public Facilities and Services. Whether necessary public facilities (both on-site and off-site), such as transportation, sanitation, water, sewer, drainage, emergency services, education, and recreation, will be adequate to serve the proposed use. Residential Displacement. For public benefit uses, the Municipal Planning Board and the City Council must consider the extent to which the proposed use, location, and building site design would displace existing residential uses on the site or would encourage displacement of residential uses adjacent to the site. They must also consider alternative uses, location, and site designs that could minimize residential displacement. Other Matters. Any other lawful matter that the Municipal Planning Board deems appropriate and relevant to the specific proposal. (Ord. of 9-16-1991, Doc. #25102; Ord. of 11-28-1994, Doc. #28066; Ord. of 10-5-2009, § 1, Doc. #0910051104)

Orlando City Code § 65.286 Zoning Variances Prohibited in Connection with Conditional Use Permit.

Sec. 65.286. - Zoning Variances Prohibited in Connection with Conditional Use Permit. Zoning variances are prohibited for development approved as a conditional use within the area subject to the conditional use permit, except for zoning variances to allow the expansion of a legally existing but nonconforming building, structure, or vehicular use area. (Ord. of 9-16-1991, Doc. #25102; Ord. of 10-5-2009, § 1, Doc. #0910051104)

Orlando City Code § 65.287 Scope of Conditional Use Permit Approval.

Sec. 65.287. - Scope of Conditional Use Permit Approval. Subsequent Permits and Orders. If a conditional use permit is necessary for a proposed development, then the conditional use permit must be approved by the City Council before the applicant receives final site plan approval, building permit approval, or other land development order or permit approval that would authorize development in furtherance of the conditional use permit. Expiration of the Conditional Use Permit. The applicant must receive a building permit for the work requiring the conditional use permit within two years of the conditional use permit approval. If the applicant does not receive the building permit within two years, then the conditional use permit is no longer valid and the applicant must reapply for a conditional use permit if the applicant wishes to proceed with a development requiring a conditional use permit. If the building permit for the work requiring the conditional use permit expires before a certificate of occupancy or certificate of completion is issued for the work requiring the conditional use permit, then the conditional use permit is no longer valid and the applicant must reapply for a conditional use permit if the applicant wishes to proceed with a development requiring a conditional use permit. Administrative Extension of the Conditional Use Permit. The planning official may extend a conditional use permit by up to one year. The holder of the conditional use permit must request such an extension by application for a planning official determination at least 30 days, but not more than 90 days, before the expiration of the conditional use permit. To extend the permit, the planning official must consider and then make written affirmative findings of the following standards: (1) Whether the proposal remains consistent with applicable provisions of the City's adopted Growth Management Plan, including a consideration of any change to the future land use map designation for adjacent properties since the original approval of the conditional use permit. (2) Whether the proposal remains consistent with applicable provisions of the City's adopted Land Development Code, including a consideration of any change to the zoning map designation for adjacent properties since the original approval of the conditional use permit. (3) Whether the proposal remains compatible with existing development on adjacent properties, including a consideration of any new development on adjacent properties since the original approval of the conditional use permit. Commencement and Abandonment of the Conditional Use. The use approved by conditional use permit must substantially commence within six months of the first issuance of a certificate of occupancy for improvements related to the conditional use. After commencement of the conditional use, the conditional use permit is no longer valid whenever the use allowed by the permit is voluntarily abandoned or discontinued for six months or more. Valid for Approved Site Plan Only. The conditional use permit is valid only for the site plan approved as part of the conditional use permit application. After the conditional use permit is approved, the planning official may approve minor modifications to the approved site plan if necessary to accommodate code or other regulatory requirements subsequently revealed during the permitting review process. (Ord. of 9-16-1991, Doc. #25102; Ord. of 4-20-1992, Doc. #25638; Ord. of 5-5-1997, Doc. #30246; Ord. of 9-11-2000, § 28, Doc. #33225; Ord. of 10-29-2001, § 13, Doc. #011029704; Ord. of 10-5-2009, § 1, Doc. #0910051104)

Orlando City Code § 65.288 General Requirements.

Sec. 65.288. - General Requirements. Along with the Conditional Use Permit application, the applicant shall submit multiple copies of the following: A Recent Boundary Survey including the location and species of each tree with a diameter at breast height of 10" or greater within the building site. A Preliminary Site Plan: Prepared in accordance with the requirements of Chapter 65, Part 2H, when required by the Planning Official. Consent to Agents: If title to the property is not in the applicant's name and the property owner does not sign the application, one of the following must be submitted: (a) Document signifying the owner's approval or consent; or (b) Applicant's affidavit. Alcoholic Beverage Sales: For any establishment requesting Conditional Use approval for Alcoholic Beverage Sales, as described in Chapter 58, Part 4B(2), the applicant shall submit the materials required by Section 58.713. Other Information: Other additional material and information as the Planning Official may reasonably require. Note: Also, preliminary building elevations and design concept for mixed residential-office development in the MXD-1 and MXD-2 districts, and for multi-family over 5 dwelling units in R-2B district. Waiver by Planning Official. The Planning Official shall be authorized to waive any of the above requirements where appropriate. (Ord. of 9-16-1991, Doc. #25102; Ord. of 10-29-2001, § 14, Doc. #011029704; Ord. No. 2013-29, § 1, 6-3-2013, Doc. #1306031202; Ord. No. 2019-46, § 3, 10-7-2019, Doc. #1910071201; Ord. No. 2020-13, § 2, 4-13-2020, Doc. #2004131205; Ord. No. 2021-48, § 5, 8-23-2021, Doc. #2108231203)

Orlando City Code § 65.289 Administrative Conditional Uses.

Sec. 65.289. - Administrative Conditional Uses. Review Considerations. In addition to any standards and considerations for the review of Administrative Conditional Use Permits as set forth in this Chapter, the Zoning Official shall consider the following factors in his or her review of applications for administrative conditional uses: (1) Growth Management Plan. Whether the proposal is consistent with all applicable goals, objectives and policies of the City's adopted Growth Management Plan. (2) Compatibility. Whether the proposal is compatible with surrounding land uses and the general character of the area, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, etc. (3) Use and District Requirements. Whether the proposal conforms to the requirements of the zoning district in which it is located. (4) Performance and Design Regulations. Whether the proposal conforms to the applicable performance and design regulations of the Code. (5) Lighting. Whether any outdoor lighting which may be involved in the proposal is designed to ensure that its use harmoniously fits into its surroundings, and has no adverse impact on vehicular traffic and/or traffic control on adjacent streets. (6) Site Impact. Whether the proposal will result in the least possible detrimental impact to the site and surrounding areas and not reduce the safety, light or general convenience of neighboring developments. (Ord. of 9-16-1991, Doc. #25102; Ord. of 3-21-1994, Doc. #27363; Ord. of 11-28-1994, Doc. #28066; Ord. of 5-20-1996, Doc. #29363; Ord. of 5-5-1997, Doc. #30246; Ord. of 9-11-2000, § 29, Doc. #33225)

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_CH65OFBOPR_PT2ZOAPPR_2DCOUSPEFetched: 11/1/2026