ZONING VARIANCE

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

in effect

Orlando City Code § 65.370 Purpose of Zoning Variance Requirements.

Sec. 65.370. - Purpose of Zoning Variance Requirements. This Part is established to provide standards and procedures for the granting of Zoning Variances from the provisions of this Chapter through a quasi-judicial review by the Board of Zoning Adjustment where they find that there are conditions peculiar to the property which create undue construction or development hardships in complying with the strict letter of this Chapter. (Ord. of 9-16-1991, Doc. #25102)

Orlando City Code § 65.371 When the Requirements of this Part Apply.

Sec. 65.371. - When the Requirements of this Part Apply. The Zoning Variance procedures of this Part shall apply to the development standards set forth in the following portions of this Chapter: (a) Chapter 58, Parts 1—5, Zoning District and Use Regulations. (b) Chapter 61, Part 2, Major Thoroughfare Plan. (c) Chapter 61, Parts 3A, 3B, 3C, 3D, and 3F Parking and Loading Requirements, with the exception of Section 61.308, Handicapped Access. (d) Chapter 60, Part 2, Landscaping, Buffering and Tree Protection Requirements. (e) Chapter 63, Parts 2, Air Quality, Electromagnetic Interference, Heat, Noise, Odor and Vibration Requirements. (f) Chapter 58, Part 7C, Increased Nonconformity of a building, structure or vehicular use area. (g) Chapter 64, Parts 1, 2, 3 and 5, Sign Regulations, General Requirements, Sign Standards and Nonconforming Signs. (h) Chapter 62, Part 7, Preservation and Architectural Design. (Ord. of 9-16-1991, Doc. #25102; Ord. of 5-5-1997, Doc. #30246; Ord. of 9-11-2000, § 30, Doc. #33225; Ord. No. 2010-33, § 6, 8-30-2010, Doc. #1008301102)

Orlando City Code § 65.372 Limitation on Authority.

Sec. 65.372. - Limitation on Authority. The Administrative Variances authorized by this Subpart shall be granted only for the following listed purposes. All other zoning variances shall be reviewed in accordance with the Zoning Variance procedures established in Sections 65.379—65.385 below. (a) Tree Protection, as set forth in Chapter 60, Part 2B. (b) To meet requirements specified in the health and safety codes administered by the City of Orlando. (c) Setback lines, parking requirements, and Impervious Surface Ratio (ISR) as set forth in Section 62.204 for designated local historic landmarks. (d) To permit parking in the required front yard in accordance with Section 61.302. (e) Variances for Historic Landmarks as mentioned in 65.740, Administrative Variances. (Ord. of 9-16-1991, Doc. #25102; Ord. of 11-28-1994, Doc. #28066; Ord. of 5-20-1996, Doc. #29363; Ord. of 5-5-1997, Doc. #30246)

Orlando City Code § 65.373 Pre-Application Conference.

Sec. 65.373. - Pre-Application Conference. Except where this requirement is specifically waived by the Zoning Official, prior to submitting an application for an Administrative Variance, the applicant shall meet with the staff of the Planning and Development Department to discuss informally the requirements of this Subpart and the nature of the proposed Administrative Variance. (Ord. of 9-16-1991, Doc. #25102)

Orlando City Code § 65.374 Submittal of the Application.

Sec. 65.374. - Submittal of the Application. The applicant shall submit to the Planning and Development Department an Administrative Variance application which conforms to the submittal requirements of this Part in 4 copies. 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 § 65.375 Review by the Zoning Official.

Sec. 65.375. - Review by the Zoning Official. Upon acceptance of the application, the Zoning Official shall review it and render his decision approving, approving with conditions or denying the request. Conditions. When the Zoning Official approves the Administrative Variance, he may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this Chapter, including any of those set forth in Section 65.381 below for Board of Zoning Adjustment Variances. Violation of such conditions or safeguards, when made a part of the terms under which the Administrative Variance is approved, shall be deemed a violation of this Chapter subject to enforcement under the provisions of Chapter 5 of this City Code. Appeal of Zoning Official's Decision. Whenever the applicant disagrees with the decision of the Zoning Official or any of the conditions or safeguards imposed as part of the terms under which the Administrative Variance is approved, he may elect to appeal the application to the Board of Zoning Adjustment. Such appeal shall be reviewed by the Board as a BOZA Variance as set forth in Sections 65.379—65.385 below. (Ord. of 9-16-1991, Doc. #25102)

Orlando City Code § 65.376 General Requirements.

Sec. 65.376. - General Requirements. Along with the Administrative Variance application, the applicant shall submit the following: An Accurate Up-to-Date Survey: As completed by a Florida Professional Surveyor and Mapper, in two copies. The survey must include all trees with a diameter at breast height of 10" or larger including the species. A Site Plan: Showing the complete property, indicating the size of the existing and proposed buildings, spacing, all setbacks, individual parking spaces, access drives, existing trees to be retained or removed, and a floor plan of the proposed improvements. 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. (Ord. of 9-16-1991, Doc. #25102; Ord. No. 2013-29, § 1, 6-3-2013, Doc. #1306031202; Ord. No. 2020-13, § 2, 4-13-2020, Doc. #2004131205; Ord. No. 2021-48, § 5, 8-23-2021, Doc. #2108231203)

Orlando City Code § 65.377 Additional Requirements for Tree Protection Variances.

Sec. 65.377. - Additional Requirements for Tree Protection Variances. A Specific or Special Purpose Survey: Including the location and species of each tree with a diameter at breast height of 10" or larger on the building site. A Proposed Tree Protection Plan: Including the following: (a) Existing trees proposed to be retained in accordance with the requirements of Chapter 60, Part 2D, and the approximate undisturbed area which will surround each such tree or tree grouping. This information shall be shown on the site plan. (b) Proposed Grade Changes on the building site which may adversely affect any existing tree with a diameter at breast height of 10" or larger to be retained. (c) Any Specimen Tree Designations being requested by the applicant (see Chapter 60, Part 2B). Note: The indication of trees to be retained on a Site Plan indicates a commitment to attempt to protect that tree during the development process. It is recognized that some trees may die even with the best of efforts. Trees credited toward meeting the landscape requirements of any section of City Code are assessed at the time of Certificate of Occupancy, based on trees in good health at that time. (Ord. of 9-16-1991, Doc. #25102; Ord. No. 2013-29, § 1, 6-3-2013, Doc. #1306031202; Ord. No. 2020-13, § 2, 4-13-2020, Doc. #2004131205; Ord. No. 2021-48, § 5, 8-23-2021, Doc. #2108231203)

Orlando City Code § 65.378 Specific Administrative Variances.

Sec. 65.378. - Specific Administrative Variances. Increase of ISR Ratio. The Zoning Official shall grant an administrative variance to permit up to a 5% increase in the impervious surface ratio (ISR) on a lot located in the R-1, R-1A or R-1AA zoning districts, if the following conditions exist: (a) the site is located in a poor recharge area as defined by Chapter 63, Part 2D, Figure 1; (b) there are no drainage problems within the immediate watershed; (c) the increase is the minimal possible to allow reasonable use of the property, and the increase has been mitigated. (Ord. of 9-16-1991, Doc. #25102; Ord. of 11-28-1994, Doc. #28066; Ord. of 4-3-1995, Doc. #28374; Ord. of 3-17-1997, Doc. #30125; Ord. of 1-24-2005, § 33, Doc. #050124909)

Orlando City Code § 65.379 Pre-Application Conference.

Sec. 65.379. - Pre-Application Conference. Except where this requirement is specifically waived by the Zoning Official, prior to submitting an application for a Zoning Variance, 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 Zoning Variance. (Ord. of 9-16-1991, Doc. #25102)

Orlando City Code § 65.380 Submittal of the Application.

Sec. 65.380. - Submittal of the Application. The applicant shall submit to the Planning and Development Department a Zoning Variance application which conforms to the submittal requirements of this Part in multiple copies. 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 § 65.381 Review by Board of Zoning Adjustment.

Sec. 65.381. - Review by Board of Zoning Adjustment. Board of Zoning Adjustment. The Board of Zoning Adjustment 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 approve, approve with conditions, or deny the applications. Conditions. When the Board of Zoning Adjustment approves any Zoning Variance 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 or safeguards, when made a part of the terms under which the Zoning Variance 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 orientation or location of a building or other structure. (d) Designate the size, number, location or nature of vehicle and pedestrian access points in accordance with Chapter 61, Parts 1 and 2. (e) Increase the amount of street dedication, roadway width, or improvements required within the street right-of-way in accordance with Chapter 61, Part 2G. (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) 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 § 65.382 Standards of Review for Zoning Variance Applications.

Sec. 65.382. - Standards of Review for Zoning Variance Applications. A zoning variance may be approved only if each of the following six standards is satisfied: Special Conditions and Circumstances. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties do not constitute grounds for approval of any proposed zoning variance. Not Self-Created. The special conditions and circumstances do not result from the actions of the property owner. A self-created hardship does not justify a zoning variance. No Special Privilege Conferred. Approval of the zoning variance requested will not confer on the applicant any special privilege that is denied by the Land Development Code to other lands, buildings, or structures in the same zoning district. Deprivation of Rights. Literal interpretation of the provisions contained in the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would impose unnecessary and undue hardship on the property owner. Financial loss or business competition does not constitute grounds for approval of any variance. Purchase of property with intent to develop in violation of the restrictions of the Land Development Code also does not constitute grounds for approval. Minimum Possible Variance. The proposed zoning variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Purpose and Intent. Approval of the zoning variance will be in harmony with the purpose and intent of Growth Management Plan and the Land Development Code and such zoning variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (Ord. of 9-16-1991, Doc. #25102; Ord. of 10-5-2009, § 3, Doc. #0910051104)

Orlando City Code § 65.383 Scope of Zoning Variance Approval.

Sec. 65.383. - Scope of Zoning Variance Approval. Subsequent Permits and Orders. If a zoning variance is necessary for a proposed development, the zoning variance 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 zoning variance. Expiration of the Zoning Variance. The applicant must receive a building permit for the work requiring the zoning variance within one year of the zoning variance approval. If the applicant does not receive the building permit within the year, then the zoning variance is no longer valid and the applicant must reapply for a zoning variance if the applicant wishes to proceed with the development requiring a zoning variance. If the building permit for the work requiring the zoning variance expires before a certificate of occupancy or certificate of completion is issued for the work requiring the zoning variance, then the zoning variance is no longer valid and the applicant must reapply for a zoning variance if the applicant wishes to proceed with a development requiring a zoning variance. Administrative Extension of the Zoning Variance. The zoning official may extend a zoning variance by up to six months. The holder of the zoning variance must request such an extension by application for a Zoning Official determination at least 30 days, but not more than 90 days, before the expiration of the zoning variance. To extend the variance, the Zoning 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 zoning variance. (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 zoning variance. (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 zoning variance. Abandonment of the Zoning Variance. The zoning variance is no longer valid whenever an improvement allowed by the variance is voluntarily abandoned or removed for six months or more. Valid for Approved Site Plan Only. The zoning variance is valid only for the site plan approved as part of the zoning variance application. After the zoning variance is approved, the Zoning 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. Zoning variances are not to be construed as general modifications of the requirements of the Land Development Code in any area outside the area of the zoning variance shown on the approved site plan. (Ord. of 9-16-1991, Doc. #25102; Ord. of 10-5-2009, § 3, Doc. #0910051104)

Orlando City Code § 65.384 Prohibited Variances.

Sec. 65.384. - Prohibited Variances. The Board of Zoning Adjustment may not approve a zoning variance to permit a use or intensity not generally allowable in the applicable zoning district, nor or any use or density expressly or by implication prohibited in the zoning district. Variances are also prohibited in connection with a use approved as a conditional use (unless the variance is expressly allowed under Part 2D, Chapter 65 of this Code, or the conditional use was approved as part of a master plan with modifications pursuant to section 65.334-1 of this Code) or within the area covered by a conditional use permit (unless the variance is expressly allowed under Part 2D, Chapter 65 of this Code, or the conditional use was approved as part of a master plan with modifications pursuant to section 65.334-1 of this Code). No nonconforming use of the neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a zoning variance. (Ord. of 9-16-1991, Doc. #25102; Ord. No. 2015-37, § 6, 7-27-2015, Doc. #1507271201)

Orlando City Code § 65.385 General Requirements.

Sec. 65.385. - General Requirements. Along with the Zoning Variance application, the applicant shall submit the following: An Accurate Up-to-Date Survey: As completed by a Florida Professional Surveyor and Mapper, in two copies. The survey must include all trees with a diameter at breast height of 10" or larger. A Proposed Site Plan: Prepared in accordance with the requirements of Part 2H of this Chapter, where required by the Zoning or Appearance Review Official (except where the application involves only variances to the sign regulations of Chapter 64). The site plan must show existing trees to be retained or removed. Detailed Sign Drawings: Wherever the application includes variances to the sign regulations of Chapter 64, submit two copies of detailed drawings for the proposed sign(s) including the proposed size; and the type, size and location of all other signs located on the property. 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. Waiver by Zoning Official: The Zoning Official shall be authorized to waive the informational requirement above where deemed appropriate. (Ord. of 9-16-1991, Doc. #25102; Ord. of 11-28-1994, Doc. #28066; Ord. of 10-29-2001, § 15, Doc. #011029704; Ord. No. 2013-29, § 1, 6-3-2013, Doc. #1306031202; Ord. No. 2020-13, § 2, 4-13-2020, Doc. #2004131205; Ord. No. 2021-48, § 5, 8-23-2021, Doc. #2108231203)

Orlando City Code § 65.386 Standards For Design Variance Approval.

Sec. 65.386. - Standards For Design Variance Approval. In lieu of compliance with Section 65.382, the architectural design standards of Chapter 62, the standards for signage as contained in Chapter 64, or the standards for the encroachment of first story porches as contained in Chapter 65, the Board of Zoning Adjustment shall use the following factors and characteristics relating to the request in its review: (a) Conformance to the Code and the GMP; (b) Logic of design; (c) Exterior space utilization; (d) Attractiveness; (e) Materials selection; (f) Compatibility with surrounding properties; (g) Circulation and Parking—vehicular and pedestrian; (h) Accepted architectural principles; (i) Protection of property values; and (j) Revitalization of depressed areas. (Ord. of 9-16-1991, Doc. #25102; Ord. of 11-28-1994, Doc. #28066; Ord. No. 2021-50, § 3, 8-23-2021, Doc. #2108231205; Ord. No. 2023-1, § 3, 3-20-2023, Doc. #2303201206)

Orlando City Code § 65.387 General Requirements.

Sec. 65.387. - General Requirements. Along with the Design Variance application, the applicant shall submit the following: An Accurate Up-to-Date Survey: As completed by a Florida Professional Surveyor and Mapper, in two copies. The survey must include all trees with a diameter at breast height of 10" or larger. A Proposed Site Plan: Prepared in accordance with the requirements of Part 2H of this Chapter, where required by the Zoning or Appearance Review Official. The site plan must show existing trees to be retained or removed. Detailed Sign Drawings: Wherever the application includes variances to the sign regulations of Chapter 64, submit two copies of detailed drawings for the proposed sign(s) including the proposed size; and the type, size and location of all other signs located on the property. 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. Waiver by Appearance Review Official. The Appearance Review Official shall be authorized to waive the informational requirement above where deemed appropriate. (Ord. of 9-16-1991, Doc. #25102; Ord. of 11-28-1994, Doc. #28066; Ord. No. 2013-29, § 1, 6-3-2013, Doc. #1306031202; Ord. No. 2020-13, § 2, 4-13-2020, Doc. #2004131205; Ord. No. 2021-48, § 5, 8-23-2021, Doc. #2108231203)

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_2JZOVAFetched: 11/1/2026