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BOARD OF ZONING ADJUSTMENT

Orlando City Code ch. 65, pt. 1, pt. 1B
in effect

Orlando City Code § 65.110 Establishment of the Board of Zoning Adjustment.

Sec. 65.110. - Establishment of the Board of Zoning Adjustment. There is hereby established a Board of Zoning Adjustment. The word "Board" when used in this Part, shall be considered to mean the Board of Zoning Adjustment. (Ord. of 9-16-1991, Doc. #25102; Ord. of 11-28-1994, Doc. #28066; Ord. No. 2020-46, § 2, 9-21-2020, Doc. #2009211204)

Orlando City Code § 65.111 Board Membership and Officers.

Sec. 65.111. - Board Membership and Officers. Membership. The Board must consist of nine (9) members nominated by the Mayor and confirmed by the City Council. Members must be residents of the City and must not at the same time serve as members of the Municipal Planning Board. At least six (6) members must be chosen from one or more of the following professions: (a) land planning/development; (b) architecture; (c) landscape architecture; (d) land use law; (e) urban design; (f) real estate; and (g) engineering. Terms of Members. The terms of office are as provided in Chapter 2, Article XV of the City Code. Filling Vacancies. Vacancies must be filled by appointment for the unexpired term only. A member whose term expires must continue to serve until his successor is appointed and qualifies. Removal from Office. Members may be removed for cause by a majority vote of the City Council. Officers. The Board must annually elect a Chairman and Vice-Chairman and may create and fill other offices and committees as needed. Executive Secretary and Staff Assistants. There must be an Executive Secretary appointed by the Board, who serves as the custodian of all Board records. The Executive Secretary need not be a member of the Board; however, if he or she is not a member he or she shall not be entitled to vote. Professional and clerical assistants, in connection with the performance of the functions of the Board, shall be provided as directed by the City Council. Funding and Compensation. Members must not receive salary; however, they may receive travel and other expenses as fixed by the City Council while on approved City business for the Board. The City Council must appropriate at its discretion funds necessary to carry out the duties of the Board. (Ord. of 9-16-1991, Doc. #25102; Ord. of 11-28-1994, Doc. #28066; Ord. of 5-15-1995, Doc. #28481; Ord. No. 2020-46, § 2, 9-21-2020, Doc. #2009211204)

Orlando City Code § 65.112 Board Procedures.

Sec. 65.112. - Board Procedures. Adoption of Rules. The Board shall adopt rules of procedure to carry out the purposes of this Part, provided that all rules are in accordance with this Chapter, other City Ordinances and State Law. The Chairman shall have the power to administer oaths and compel the attendance of witnesses. Meetings. The Board shall meet at least once each calendar month and more often at the call of the Chairman. All meetings of the Board shall be public meetings conducted in accordance with Chapter 2, Article XXIV of the City Code. Minutes and Records. The Board shall keep minutes of all its proceedings indicating the attendance, vote or failure to vote of each member on every question, and shall maintain records of all facts regarding any appeal. These minutes shall be public records. Quorum and Votes. Five members shall constitute a quorum. The concurring vote of the majority of those members present and voting at a properly called meeting where a quorum is present shall be necessary to modify or reverse any order of the Zoning Official or appearance review official or to decide in favor of the applicant of any matter which the board is empowered to consider under provisions of this Chapter. Failure to attain the required votes shall be construed to be a denial of any application. The board must act on all matters brought before it for decision, either by approval, denial, or approval with conditions. (Ord. of 9-16-1991, Doc. #25102; Ord. of 10-19-1992, Doc. #26093; Ord. of 11-28-1994, Doc. #28066; Ord. No. 2015-50, § 1, 11-16-2015, Doc. #1511161203)

Orlando City Code § 65.113 General Functions, Powers and Duties.

Sec. 65.113. - General Functions, Powers and Duties. Zoning Variances. Where there are conditions peculiar to the property which create undue construction or development hardships in complying with the strict letter of this Chapter, the Board may recommend approval of a zoning variance (except as prohibited herein) so that the spirit of this Chapter will be observed; the public health, safety, good order and general welfare will be maintained; the rights of all parties will be equally protected; and substantial justice will be done. Refer to Chapter 65, Part 2J for more specific requirements concerning zoning variances. Modification of Standards. The Board shall hear and decide appeals of Modification of Standards requests in accordance with Part 2F of this Chapter. The Board shall review the determinations of the Zoning Official and may approve, approve with conditions, or deny the Modification of Standards request in accordance with the requirements of that Part. Appeals. The Board shall hear and decide appeals where it is alleged that there has been an error in any requirement, order, decision or determination made by the Appearance Review Official in the enforcement or interpretation of this Code. The Board shall also hear and decide appeals of Zoning Official determinations, unless otherwise required by this Code. Appeals of the Board's decision may be made to the City Council after a hearing, pursuant to Chapter 2, Part XXXII, of the Code of the City of Orlando. All decisions shall be in writing, and shall state which facts, criteria, and standards were relied upon as determinants, and such person's administrative remedies shall not be deemed exhausted unless and until the City Council then acts on the appeal. Other Duties. The Board shall carry out such other duties as may be assigned to it by the City Council. (Ord. of 9-16-1991, Doc. #25102; Ord. of 11-28-1994, Doc. #28066; Ord. of 5-20-1996, Doc. #29363)
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_PT1BOOF_1BBOZOADFetched: 11/1/2026

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