City of Orlando Regulations for Legal Nonconforming Uses and Structures
Legally existing nonconformities within the City of Orlando may be continued, sold, or transferred, but they generally cannot be expanded, enlarged, or changed to a more intensive use without a specific variance or city approval. If a nonconforming use in the City of Orlando is discontinued for a period of six consecutive months, the property must revert to a use that is permitted by the current zoning district [Section 58.1173].
General Principles of Nonconformity
The City of Orlando defines a nonconformity as a lot, structure, building, or use that was lawful when established but no longer complies with the current provisions of the City Code. While these uses are permitted to continue, the intent of the City of Orlando is to encourage their gradual elimination and eventual transition into compliance with the Orlando Growth Management Plan [Section 58.1141].
Maintenance and Alterations
Property owners in the City of Orlando are permitted to perform normal maintenance and repairs on nonconforming structures. This includes:
- Repairing plumbing and electrical systems.
- Repairing structural members.
- Changing internal partitions or other interior alterations.
However, these alterations must not increase the degree of nonconformity or expand the nonconforming use [Section 58.1142].
Technical Standards for Nonconforming Residential Lots
When a platted residential lot or Lot of Record within the City of Orlando is nonconforming in terms of area, width, or depth, specific development regulations apply to ensure the character of the neighborhood is maintained.
| Standard Category | Nonconforming Residential Lot Requirement |
|---|---|
| Maximum Building Height | Two-stories [Section 58.1153] |
| Maximum Floor Area Ratio (FAR) | 0.50 [Section 58.1153] |
| Minimum Parking Setback | 5 feet from the principal facade [Section 58.1153] |
| Combined Garage Door Width | Max 50% of the combined width of building elevations facing the street [Section 58.1153] |
| Garage Setback (Corner Lot) | 20 feet from the street side property line [Section 58.1153] |
| Minimum Separation | 10 feet between buildings/structures [Section 58.516] |
Expansion and Substantial Improvements
The City of Orlando generally prohibits substantial improvements or enlargements of nonconforming buildings and structures. However, relief may be granted by the Zoning Official under specific circumstances [Section 58.1161]:
- Affordable Housing: Certified affordable housing developments may undergo substantial improvements while remaining nonconforming.
- Force Majeure: If a structure is damaged by fire, flood, or wind, it may be repaired if the repairs are no larger than the original and a building permit is obtained within one year of the damage.
- Longstanding Buildings: Structures built more than 30 years ago may be granted relief from certain standards (such as setbacks or height) if the proposed work retains and rehabilitates the existing building and does not increase the nonconforming aspect.
- Conditional Use Review: A nonconforming use may be expanded or extended only after a successful Conditional Use Review [Section 58.1170].
Discontinuation and Change of Use
If a nonconforming use in the City of Orlando is discontinued for six months, it loses its "grandfathered" status. If a use is discontinued for more than six months but less than two years, the property owner may apply for a Conditional Use Review to reestablish the use. Beyond two years, the use may not be reestablished [Section 58.1173].
If an owner wishes to change from one nonconforming use to another, the new use must be of an equal or lower intensity than the previous use, as determined by the City of Orlando's land use intensity classification [Section 58.1171].
Nonconforming Landscaping and Parking
The City of Orlando may require nonconforming parking lots and bufferyards to be brought into compliance during substantial enlargements. However, the Zoning Official may authorize the removal of existing parking spaces to provide space for required landscaping.
| Number of Spaces on Building Site | Maximum Spaces Allowed for Removal |
|---|---|
| 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].
Nonconforming Signs and Billboards
All billboard signs in the City of Orlando existing on October 1, 2000, are considered nonconforming. They may be maintained but cannot be rebuilt if destroyed or significantly damaged. Maintenance is limited such that the cumulative cost over a five-year period cannot exceed 50% of the replacement cost of the sign [Section 64.271].
Sections Cited
- Section 58.516 - Development Site Standards and Principal Building Setbacks for Tandem Single Family Development.
- Section 58.1141 - Purpose of Restrictions Placed on Nonconformities.
- Section 58.1142 - General Requirements.
- Section 58.1150 - Status as a Nonconforming Lot.
- Section 58.1153 - Development of Nonconforming Residential Lots.
- Section 58.1161 - Work to Nonconforming Building, Structure, or Vehicular Use Area.
- Section 58.1170 - Expansion of a Nonconforming Use.
- Section 58.1171 - Change to Another Nonconforming Use.
- Section 58.1173 - Discontinuation of a Nonconforming Use.
- Section 58.1182 - Removal of Parking Spaces to Achieve Compliance.
- Section 64.271 - Status of Existing Billboard Signs; Routine Maintenance of Nonconforming Billboard Signs.