Administrative Adjustments and Minor Deviations in the City of Orlando
In the City of Orlando, administrative adjustments and minor deviations are primarily handled by the Zoning Official or specific department heads to address technical impracticalities, design nuances, or the remediation of nonconforming sites. Critical facts include the ability to increase the Impervious Surface Ratio (ISR) by up to 10% of the district standard in the Parramore Heritage Overlay District and the authority to reduce required parking by up to 5% for large sites to accommodate required landscaping [Section 58.499.16, Section 58.1182].
General Administrative Authority
The City of Orlando provides the Zoning Official with the authority to resolve cases of uncertainty. If the City of Orlando code does not clearly categorize a specific land use, the Zoning Official determines the classification by identifying the category with the most similar characteristics [Section 58.200]. In matters of appearance review, the Appearance Review Official has the scope to evaluate individual building elements or whole sites depending on the scale of the proposed improvement [Section 62.300].
Landscaping and Bufferyard Adjustments
The City of Orlando allows for administrative variances regarding landscaping and tree protection when the goals of the Growth Management Plan (GMP) are furthered or when acceptable alternatives are provided [Section 60.203].
Bufferyard Modifications
If a building site has a substandard area or existing structures that prevent the installation of a standard bufferyard, the Zoning Official may:
- Determine the largest feasible bufferyard width available on the site.
- Modify planting and screen requirements if the standard cannot be feasibly accommodated.
- Make adjustments to bring the site as nearly as possible into conformity with the intent of the City of Orlando bufferyard requirements [Section 60.1181].
Parking Reductions for Landscape Compliance
To achieve compliance with landscaping or bufferyard requirements, the City of Orlando Zoning Official may authorize the redesign or removal of existing parking spaces. The number of spaces that may be removed is capped based on the size of the building site:
| Number of Required Spaces on Site | Maximum Number of Spaces That May Be Removed |
|---|---|
| 1—6 spaces | None |
| 7—15 spaces | 1 space |
| 16—35 spaces | 2 spaces |
| 36—70 spaces | 3 spaces |
| 71+ spaces | 5% of required spaces |
[Section 58.1182]
Modifications in Special Overlay Districts
The City of Orlando has established specific rules for deviations within its special districts and overlay zones.
Parramore Heritage Overlay District (PH)
In the Parramore Heritage Overlay District, the Zoning Official may relax principal building setbacks beyond the standard 20% numerical allowance if the development justifies such action. Furthermore, the ISR may be increased with concurrence from the City Engineer:
| Standard | Maximum Administrative Modification |
|---|---|
| Setbacks (Front, Side, Street Side, Rear) | May be relaxed if minimum standards are met |
| Impervious Surface Ratio (ISR) | Up to 10% of the established district standard |
| Front/Street Side Yard Parking | May be modified to a maximum of 0.48 ISR |
[Section 58.499.16]
SODO Special Plan
The City of Orlando SODO Special Plan allows for several administrative exceptions to promote urban form:
- Setback Encroachment: Up to 30% of the primary building facade may encroach up to 7 feet into the required front or street side setback via board action [Section 62.499, Figure 5 Footnotes].
- Zero-Foot Side Yard: If a new building is adjacent to a building with a zero-foot side yard setback, and such a setback is permitted by the T-zone, the new building may also have a zero-foot setback or provide a minimum of 7.5 feet [Section 62.499, Figure 5 Footnotes].
Edgewater Drive Special Plan
In the Edgewater Drive Special Plan, the Planning Official may modify the development program of a previously approved mixed-use project if the building mass and bulk are not increased and traffic impacts are fully mitigated [Section 62.309].
Relief for Nonconforming and Longstanding Buildings
The City of Orlando provides a path for relief from current development standards (such as setbacks, height, and parking) for "longstanding buildings" originally built more than 30 years ago. The Zoning Official may grant relief if the applicant demonstrates that:
- Compliance presents a practical hindrance to beneficial redevelopment.
- Compliance presents an unreasonable financial hardship.
- The proposed work will retain and rehabilitate the majority of the existing structure.
- The work does not exceed 400% of a "substantial improvement" [Section 58.1161].
Eminent Domain Waivers
If a City of Orlando property becomes nonconforming due to governmental acquisition (eminent domain), Department Heads have the authority to grant waivers or exceptions. This is conditioned on a determination that the waiver does not adversely affect public health, safety, or welfare [Section 58.1187, Section 58.1189].
Planned Development (PD) Modifications
The City of Orlando allows for "non-substantial modifications" to approved Development Plans in PD districts. These are processed through administrative procedures rather than a full public hearing variance process [Section 58.368].
Sections Cited
- Section 58.200 (General Requirements/Uncertainty)
- Section 58.368 (Variances in Planned Development)
- Section 58.499.16 (Modification of Standards in the PH Overlay District)
- Section 58.1161 (Work to Nonconforming Building)
- Section 58.1182 (Removal of Parking Spaces to Achieve Compliance)
- Section 58.1187 (Authority of Department Heads - Eminent Domain)
- Section 58.1189 (Waivers and Exceptions - Eminent Domain)
- Section 60.203 (Modification of Development Standards - Landscaping)
- Section 60.1181 (Nonconforming Bufferyards)
- Section 62.300 (Applicability and Scope of Review - Appearance)
- Section 62.309 (Edgewater Drive Special Plan)
- Section 62.499 (SODO Special Plan)