OVERVIEW AND EXEMPTIONS

Orlando City Code ch. 59, pt. 1

in effect

Orlando City Code § 59.100 Introduction.

Sec. 59.100. - Introduction. The purpose of this Chapter is to implement the concurrency provisions of the Growth Management Plan (GMP), as mandated by Florida Statutes ch. 163. No development order or permit which contains a specific plan of development, including the densities and intensities of development, shall be issued except in accordance with this Chapter. This Chapter may be cited as the Concurrency Management Ordinance. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2017-4, § 1(Exh. A), 2-27-2017, Doc. #1702271206)

Orlando City Code § 59.101 Procedure.

Sec. 59.101. - Procedure. The Concurrency Management Official shall be responsible for carrying out the requirements of this Chapter and shall make determinations regarding concurrency including, though not exclusively, Concurrency Encumbrance Letters, Capacity Reservation Certificates, Building Permits and Certificates of Occupancy. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2013-24, § 1, 5-6-2013, Doc. #1305061204; Ord. No. 2017-4, § 1(Exh. A), 2-27-2017, Doc. #1702271206)

Orlando City Code § 59.102 Exempt Development.

Sec. 59.102. - Exempt Development. Building Permit Issued Prior to Effective Date of Chapter. Development pursuant to a building permit issued prior to January 1, 1992 and consistent with the adopted Growth Management Plan shall be exempt from the requirements of this Chapter provided, however, that no such building permit shall be extended except in conformance with this Chapter. If the Building Official determines a building permit has lapsed or expired, pursuant to Chapter 13 of the Orlando City Code, then no subsequent building permit shall be issued except in accordance with this Chapter. In addition, if the Planning Official determines that the developer is proposing a change in the plan of development resulting in impacts on public facilities and services greater than those impacts caused by the previously permitted development, then no such change shall be approved except in accordance with this Chapter. One and Two Family Residential Subdivisions with Final Plats Recorded Before Effective Date. Development pursuant to a final plat of a single or two-family residential subdivision recorded prior to January 1, 1992 and consistent with the adopted Growth Management Plan shall be exempt from the requirements of this Chapter. Exempt Permits. The following types of permits are hereby determined to be exempt from the Concurrency evaluation process contained in this Chapter with respect to Stormwater, Potable Water, Parks, Schools and Solid Waste because they do not create additional impacts on those public facilities or determine the density and intensity of development. Administrative appeal. Variance. Tree removal permit. Sign permit. Public right-of-way or easement abandonment. Fence permit. Demolition permit. Swimming pool/spa permit. Driveway and sidewalk permit. Residential accessory structures (except as otherwise described in this Chapter). Interior alterations with no change of use. Plumbing permit. Electrical permit. Air conditioning permit. Roof permit. Mechanical permit. Parking permit. Excavation permit. Right-of-way permit. Sewer connection permit. Flood plain permit. Other uses determined by the Concurrency Management Official not to create additional impacts on public facilities and services. The above permits shall also be exempt with respect to Wastewater if it is determined that the particular project for which a permit is sought is exempt from impact fees for Wastewater pursuant to Chapter 30. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2013-24, § 1, 5-6-2013, Doc. #1305061204; Ord. No. 2017-4, § 1(Exh. A), 2-27-2017, Doc. #1702271206)

Orlando City Code § 59.103 Change of Use.

Sec. 59.103. - Change of Use. Any change, redevelopment or modification of use which shall require a concurrency evaluation shall be in accordance with this Chapter. For the purposes of this subsection, a change, redevelopment or modification of use shall mean the change from one to another of the following land use categories (as used for setting level of service standards in the Growth Management Plan): Commercial. Government. Hospital. Industrial. Motel/Hotel. Multi-family. Office. Single-family. Increased Impact on Public Facilities or Services. If a change of use shall have a greater impact on public facilities and services than the previous use, then a Concurrency Evaluation and an evaluation of applicable mobility requirements under Section 59.209, City Code, shall be required for the net increase only. The impact of such change of use shall be measured in terms of vehicular trips per day. If the net vehicular trip increase does not exceed forty (40) within the Traditional City or twenty (20) outside the Traditional City such change of use shall not be subject to the concurrency evaluation process and shall, for the purpose of this section, be deemed to have no greater impact than the prior use. However, such change of use, otherwise exempt, shall be subject to the mandatory transportation mitigation strategies under Section 59.209, City Code. Decreased Impact on Public Facilities and Services. If a change of use shall have a lesser impact on public facilities and services than the previous use, then no concurrency encumbrance shall be required. In addition, if the change of use shall have a lesser impact on public facilities and services than the previous use, then the CMO shall issue a Concurrency Credit Letter to the property owner. This letter shall provide that if the less intense use is changed again to a more intense use, a credit shall be given for the original use and a Concurrency Evaluation shall be required for only the net increase of the more intense use over the original use. Concurrency credits may be transferred within the development site but only upon execution of an assignment of said credits, in an assignment form approved by the City and acknowledged by execution of the City's Transportation Planning Division Manager or his/her designee. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2013-24, § 1, 5-6-2013, Doc. #1305061204)

Orlando City Code § 59.104 Demolition.

Sec. 59.104. - Demolition. In the case of a demolition or termination of an existing use or structure, the concurrency evaluation for future redevelopment shall be based upon the net increase of the impact for the new or proposed land use as compared to the most recent land use existing prior to demolition. Credit for the prior use shall not be transferrable except for good cause and pursuant to a written agreement with the City. In no event may the credit be transferred except to a parcel in the same service areas owned by the same owner. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2013-24, § 1, 5-6-2013, Doc. #1305061204)

Orlando City Code § 59.105 Office/Warehouse.

Sec. 59.105. - Office/Warehouse. Where a building was initially permitted on the basis of a certain percentage of total square footage being used as office with the remainder being used as warehouse, any proposed increase in the original maximum permitted percentage of office space shall be subject to the concurrency requirements of this Chapter. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)

Orlando City Code § 59.106 School Concurrency.

Sec. 59.106. - School Concurrency. The GMP Public School Facilities Element requires the City of Orlando to coordinate with Orange County Public Schools (OCPS) to implement school concurrency, with the express purpose of ensuring adequate classroom capacity to accommodate impacts of new residential development. The School Concurrency Management System administered by OCPS includes standards and procedures which ensure that new residential development complies with adopted Level of Service (LOS) standards provided in the Amended Interlocal Agreement for Public School Facility Planning and Implementation of School Concurrency (Interlocal Agreement) between the City of Orlando and OCPS and as provided in the City's adopted GMP Public School Facilities Element, Capital Improvements Element and Intergovernmental Coordination Element. The City shall coordinate with OCPS to implement and administer the School Concurrency Management System described in the GMP, the Interlocal Agreement, and associated OCPS operational policies and procedures (provided said OCPS policies and procedures do not conflict with the GMP and/or Interlocal Agreement). (Ord. No. 2017-4, § 1(Exh. A), 2-27-2017, Doc. #1702271206)

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_CH59COMA_PT1OVEXFetched: 11/1/2026