BONUSES IN OFFICE AND RESIDENTIAL, MIXED RESIDENTIAL-OFFICE, MIXED USE, AND ACTIVITY CENTER DISTRICTS

Orlando City Code ch. 58, pt. 6, pt. 6B

in effect

Orlando City Code § 58.1100 General Requirements.

Sec. 58.1100. - General Requirements. Subject to the regulations of this subpart, density and intensity bonuses are available in the Office and Residential zoning districts (the districts identified as O-1, O-2, and O-3 on the City's zoning maps), the Mixed Residential-Office districts (the districts identified as MXD-1 and MXD-2 on the City's zoning maps), the Mixed Use districts (the districts identified as MU-1 and MU-2 on the City's zoning maps, and the Activity Center Districts (the districts identified as AC-N, AC-1, AC-2, AC-3, and AC-3A on the City's zoning maps). Figure 1 at Part 1B, Chapter 58, of this Code (including Figures 1STD1.LDC, 1STD2.LDC, and 1STD3.LDC, providing the "Table of Zoning District Regulations inside the Traditional City," and Figures 1A.LDC, 1B.LDC, and 1C.LDC, providing the "Table of Zoning District Regulations outside the Traditional City."), provides the regular maximum permitted density and intensity standards for each zoning district. Density is measured in dwelling units per acre and intensity is measured by floor area ratio. A density bonus allows development to exceed the applicable regular maximum permitted density and an intensity bonus allows development to exceed the applicable regular maximum permitted intensity. A development may be granted only -a density bonus, only an intensity bonus, or may be granted both a density and an intensity bonus. Bonuses may be granted only by approval of a master plan pursuant to Part 2H, Chapter 65, of this Code, or by zoning to the planned development district pursuant to Part 2Q, Chapter 58, of this Code. (Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1507131204)

Orlando City Code § 58.1101 Maximum Available Bonus.

Sec. 58.1101. - Maximum Available Bonus. (a) General description. A bonus shall not be considered an entitlement. In addition, the maximum available bonus may not be appropriate in all situations. In some locations, the full bonus may not be compatible with the surrounding neighborhood, or may need infrastructure that is unavailable or impossible to accommodate. Council may approve a requested bonus, approve a requested bonus with reasonable conditions fairly calculated to mitigate the impact of the bonus, approve a lesser bonus, approve a lesser bonus with reasonable conditions fairly calculated to mitigate the impact of the bonus, or deny a requested bonus. A bonus may not exceed the least of the following: 1. Double the density and intensity allowed under the site's adopted future land use map designation, except in the O-3 district and AC-3A district; or 2. The maximum density and intensity allowed under the next more intensive future land use map designation, as described in subsection (b) below; or 3. For density, a maximum of 200 dwelling units per acre, except in the AC-3A district. 4. The maximum bonus standards provided in the following table: Density (units per acre) | Intensity (F.A.R.) District 1 | Max. allowed by zoning district | Max. bonus | Max. with bonus | Max. allowed by zoning district | Max. bonus | Max. with bonus O-1 | 21 | 19 | 40 | 0.4 | 0.3 | 0.7 O-2 | 40 | 40 | 80 | 0.7 | 0.3 | 1.0 O-3 | 75 | 125 | 200 | 1.0 | 2.0 | 3.0 MXD-1 | 21 | 9 | 30 | 0.3 | 0 | 0.3 MXD-2 | 75 | 125 | 200 | 0.35 | 0 | 0.35 MU-1 | 30 | 30 | 60 | 0.5 | 0.5 | 1.0 MU-2 | 75 | 125 | 200 | 1.0 | 1.0 | 2.0 AC-N | 30 | 10 | 40 | 0.3 | 0.3 | 0.6 AC-1 | 40 | 40 | 80 | 0.7 | 0.3 | 1.0 AC-2 | 100 | 100 | 200 | 1.0 | 1.0 | 2.0 AC-3 | 200 | 0 | 200 | 1.5 | 2.5 | 4.0 AC-3A | 200 | 200 | 400 | 4.0 | 5.0 | 9.0 PD 2 | See footnote 2 to this table | See footnote 2 to this table Footnote 1 — Includes districts inside and outside the Traditional City. Footnote 2 — For the planned development zoning district, use the standards of the underlying (or "default") zoning district. (b) Progression of intensity. For the purposes of this section, the progression from one future land use map designation to the next more intensive future land use map designation shall be as follows: Future Land Use Designation District | From | To O-1 | Office Low Intensity | Office Medium Intensity O-2 | Office Medium Intensity | Office High Intensity O-3 | Office High Intensity | Metropolitan Activity Center MU-1 | Mixed Use Corridor Medium Intensity | Mixed Use Corridor High Intensity MU-2 | Mixed Use Corridor High Intensity | Metropolitan Activity Center AC-N | Neighborhood Activity Center | Community Activity Center AC-1 | Community Activity Center | Urban Activity Center AC-2 | Urban Activity Center | Metropolitan Activity Center AC-3 | Metropolitan Activity Center | Downtown Activity Center AC-3A | Downtown Activity Center | Double the density of the future land use map designation, and increase the intensity to no more than 9.0 FAR. (Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204; Ord. No. 2020-41, § 3, 9-21-2020, Doc. #2009211201)

Orlando City Code § 58.1102 Submittal Requirements.

Sec. 58.1102. - Submittal Requirements. In addition to the regular submittal requirements for a master plan application or an application for rezoning to the planned development district, applicants requesting a bonus must also submit such information, data, plans, and renderings as is reasonably necessary to evaluate the request against the criteria for approval provided at section 58.1103, of this Code, and to evaluate the request for consistency with the Growth Management Plan. Unless waived by the planning official for cause, such additional information, data, plans, and renderings shall include, without limitation, the following: (a) Exterior elevations or building sections that illustrate the height, bulk, and design of the proposed development. (b) Perspective drawings, axonometric drawings, block-face elevations, or computer simulations that illustrate the proposed development in context with adjacent buildings and the surrounding area. (c) Street sections that illustrate typical street dimensions, streetscape treatments, the height and bulk of the proposed development, and the relationship of the proposed development to buildings and structures on the opposite side of the street. (d) Exterior lighting plans. (e) Exterior sign locations and details. (f) An infrastructure analysis to demonstrate that adopted level of service standards are maintained or achieved for parks, schools, transportation, potable water, wastewater, stormwater, and solid waste. (g) Landscaping plan. (Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204)

Orlando City Code § 58.1103 Criteria for Approval of a Bonus.

Sec. 58.1103. - Criteria for Approval of a Bonus. A bonus may be granted only when an applicant presents clear and convincing evidence that the proposed design, density, intensity, and mix of uses will result in a superior development that is compatible with the surrounding neighborhood and achieves the criteria for approval provided in this section. To qualify for a bonus, the project must meet the criteria for approval in subsections (a) to (d) below. In addition, the project must meet one or more of the design enhancements provided at section 58.1104, of this Code. (a) Public goods and services to serve the proposed development must be available, made available by the applicant in proportion to the demand generated by the development, or included in a financially feasible plan. (b) The development must include space for at least two of the following uses. The secondary use must comprise at least 10% of the building area (except with respect for paragraph 12 below, which has a different minimum area requirement). The secondary use may not be reserved for use only by the principal user (for example, a residents-only gym or an employee cafeteria). The secondary use must be a permitted use or a lawfully allowed conditional use in the zoning district. 1. Multifamily residential 2. Office 3. Light retailing 4. Personal service 5. Eating and drinking 6. Hotel 7. Indoor recreation 8. Public benefit use 9. Child day care center 10. Multifamily residential that has been certified affordable in accordance with the City of Orlando Affordable Housing Certification Process. 11. Live/work units, defined as units that includes a complete dwelling unit with kitchen and bathroom, as well as space suitable for running a business, provided that the business is a permitted or lawfully approved conditional use in the zoning district. To qualify as a live/work unit for the purposes of this part, the live/work unit must be occupied entirely by a single housekeeping unit. 12. In the Downtown Orlando Community Redevelopment Area, publicly accessible open space that is open to the sky and at least 2,500 square feet in area. To ensure that the open space is functional, reasonably contiguous, and consistent with applicable design regulations, the site plan for the open space is subject to review and approval as part of the master plan or planned development zoning application. 13. In the Downtown Orlando Community Redevelopment Area, ground floor space that is suitable for retail uses. For the purposes of this part, "suitable for retail uses" means, at a minimum, ceiling heights of at least 16', depth of at least 40', and street facing facades must be at least 30% transparent between 3' and 7' above grade. 14. In the Downtown Orlando Community Redevelopment Area (specifically that portion located east of Parramore Avenue), conference space/meeting center/ballroom space of at least 20,000 square feet, leasable to the public, with at least one room that can host a minimum of 500 people. (c) The density, intensity, height, and bulk of the building or buildings must be generally compatible with the surrounding neighborhood while also advancing the applicable goals, objectives, and policies of the Growth Management Plan, particularly those identified in section 58.1000 of this Code. For the purposes of this part, "compatible with the surrounding neighborhood" does not necessarily mean "identical to" or even "similar to" the surrounding neighborhood. Developments using a density and/or intensity bonus will often be, by their nature, more dense, more intense, or both more dense and more intense than the surrounding neighborhood, but general compatibility with the surrounding neighborhood can still be achieved by ensuring that the subject development presents a logical transition between itself and the surrounding neighborhood. (d) The development must be consistent with all applicable design regulations. Examples include a transect-based special plan overlay, the Downtown design guidelines, and the Traditional City overlay district. If no special design regulations apply, then the development must conform to the "Design Standards in MU-1/T and MU-2/T Mixed Use Corridor Districts," found at sections 62.608 through 62.614 of this Code. (Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204; Ord. No. 2020-41, § 3, 9-21-2020, Doc. #2009211201)

Orlando City Code § 58.1104 Design Enhancements.

Sec. 58.1104. - Design Enhancements. The following design enhancements represent options for creating a superior development. While not a strict point-based system, a development that meets a greater number of these enhancements is eligible for a greater bonus than a development that meets only one or two enhancements. If improvements to the streetscape or other public property is part of a selected option, then such improvements must be maintained by the property owner or owners of the subject development unless appropriate maintenance obligations are accepted by the City. (a) Streetscape treatment that exceeds the minimum standards normally required of the development's location. (b) Landscaping that exceeds by at least 10% the minimum number of points required by Part 2H, Chapter 60 of this Code. (c) At least one additional mobility strategy than the minimum number of strategies required by section 59.209 of this Code. (d) Site design and building materials that exceed the minimum environmental sustainability requirements in place at the time of development. Such enhancements should consider energy efficiency, stormwater design, solar or other renewable energy sources, recycling, and sustainable materials options, all of which should be judged against the best-available technology and any relevant and generally accepted environmental certification programs. (e) For a high-rise building, a roofline that is sculpted to create an interesting form and enhance the collective skyline, or alternatively, a green-roof, active roof deck, or solar panels while maintaining an attractive and cohesive architectural form. (f) Superior architectural design, including all of the following, where applicable: 1. Buildings on corner lots and buildings that terminate views must incorporate additional height or other features that emphasize their prominent location. 2. In mixed-use buildings, the ground floor must be differentiated from upper floors through the use of architectural treatments. 3. The primary building entrance must be a prominent feature that is defined and articulated with pediments, pilasters, columns, porticoes, porches, overhangs, railings, or other architecturally compatible elements. 4. Transparent windows must comprise at least 30% of all street facing elevations. 5. Use of durable, high-quality materials that are appropriate for the climate, such as stone, steel, glass, precast concrete, or masonry. Such materials and associated architectural features must wrap around all sides of the building that are visible from the public realm. Traditional stucco may be appropriate in a historic context or for a Mediterranean-style building. Buildings incorporating EIFS (Exterior Insulation Finishing System) or other faux-stucco finish for more than 10% of a street-facing façade do not meet this enhancement option. (g) Underground utilities, if currently aboveground. (h) Parking garage is located such that it is interior to the site or lined with habitable space along all street-facing facades. The habitable space must meet applicable transparency requirements and must be included in locations not otherwise required by code, in particular on upper floors of the building. (i) Another enhancement not otherwise required by code that is proposed by the applicant and approved as part of the master plan or planned development zoning district. Examples might include a publicly accessible park or plaza, public art, a premium transit stop, or public parking. (Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204)

Orlando City Code § 58.1105 Special Regulations for Bonuses in the AC-3A District.

Sec. 58.1105. - Special Regulations for Bonuses in the AC-3A District. Public art. The Downtown Metropolitan Activity Core Center (AC-3A) is the zoning district with the highest maximum density and intensity under the City's Land Development Code. Density and intensity bonuses are appropriate and available in the AC-3A district, but given the high densities and intensities already available without a bonus, special consideration must be given to the impact of a bonus in this district. Projects receiving a density or intensity bonus in the AC-3A district will be among the densest and most intense developments in the City and such density and intensity may present unique aesthetic impacts to the public realm and will also contribute uniquely to the demand for public goods and services, including goods such as public art. The Council hereby finds that art in public places is a public good that not only contributes to the overall quality of life in the City Beautiful, but can also help mitigate some of the visual, aesthetic, and social impacts of dense urban environments. The need for public art increases as an area becomes more populated. Density and intensity bonuses therefore contribute to the need for more public art. Therefore, projects receiving a density or intensity bonus (or both) in the AC-3A district must provide public art that fairly and proportionally mitigates the project's impact on the public realm, including the extent to which it generates new demand for public art. For purposes of this part, public art means art in any physical and lasting media that has been planned and executed with the intention of being staged in the public realm, accessible to all. Typical examples include sculptures, statues, and murals. Because the purpose of this part is to mitigate the public impacts of the bonus, public art required by this part must be installed and maintained in a public area of the project site itself, or within close proximity to the site. The size, amount, location, and other quantitative and qualitative features of the public art are subject to review and approval as part of the master plan or planned development zoning application, but the reasonable costs associated with providing the public art must be roughly proportionate to the impacts of the bonus. In general terms this means that the greater the bonus, the greater the amount of public art that is required. Public art installed pursuant to this part must be maintained by the property owner or owners of the subject development unless appropriate maintenance obligations are accepted by the City (a) Payment in lieu of installation. In lieu of the actual installation of public art pursuant to this section, an applicant may satisfy the public art requirement of this section by making a cash contribution to the City which contribution shall be reasonably calculated to compensate the City for providing public art that is fairly proportional to the impacts of the bonus. Proceeds from such a contribution must be spent by the City within a reasonable amount of time on public art in close proximity to the subject site. Contributions must be made prior to the issuance of any building permit for the proposed development. In general terms, the greater the bonus, the greater the contribution, but in no event may the contribution exceed 0.01% of the total construction cost of the development for every 1% of the maximum available bonus approved for the project. For example, a project approved for a 100% bonus (i.e., 400 units to the acre and/or 8.0 F.A.R. in the AC-3A district) would be capped at a contribution equal to 1% of the total construction cost of the development, while a project approved for a 1% bonus (i.e., 202 units to the acre and/or 3.05 F.A.R. in the AC-3A district) would be capped at a contribution equal to 0.01% of the total construction cost of the development. (Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204)

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_PT6DEINBO_6BBOOFREMIREFIMIUSACCEDIFetched: 11/1/2026