Conditional Use Permit (CUP) Regulations and Application Procedures in the City of Orlando

In the City of Orlando, a Conditional Use Permit (CUP) is a discretionary land use authorization required for specific activities that are not permitted by right but may be compatible with a zoning district under certain conditions. The City of Orlando Municipal Planning Board evaluates these requests based on neighborhood compatibility, traffic impacts, and adherence to the City's Growth Management Plan. Most conditional uses involve a formal public hearing and the potential imposition of site-specific safeguards to mitigate impacts on surrounding residential or commercial properties.

What is a Conditional Use Permit (CUP)?

A Conditional Use Permit is a regulatory mechanism used by the City of Orlando to review land uses that have a higher potential for conflict with neighboring properties. Unlike "Permitted Uses" (marked as "P" in the City’s use tables), which are allowed by right, "Conditional Uses" (marked as "C" or "CA") require a case-by-case evaluation by the City of Orlando Municipal Planning Board or the Planning Official [Section 58.110].

The purpose of the CUP process is to allow flexibility for unique developments while ensuring the City of Orlando protects the health, safety, and welfare of its citizens [Section 56.02].

Common Uses Requiring a CUP in Orlando

The provided document identifies several specific instances where a developer or property owner must obtain a CUP or a similar discretionary determination:

Use Category	Specific Condition or District	Citation
Multi-Family/Multiplex	3—8 units in R-2B, R-3A, R-3B, O-1, and O-2	[Section 58.560]
Public Benefit Uses	Assembly facilities exceeding size/acreage limits	[Section 58.811]
Drive-Through Facilities	Within the AC-3A/T zoning district	[Section 58.740]
Alcohol Establishments	Not meeting standard distance separations	[Section 58.709]
Communication Towers	Exceeding 300 feet in height	[Section 58.841]
Walk-Up Windows	Within 100 ft. of a residential zoning district	[Section 58.991]
Electronic Message Centers	When not meeting standard size/location criteria	[Section 64.251]
Residential Infill	Modifications to standards for non-conforming lots	[Section 58.1155]

General Review Criteria

When the City of Orlando reviews a CUP application, it considers several standard factors to determine if the use should be allowed. For instance, for Congregate Living Facilities or Public Benefit Uses, the City of Orlando evaluates:

1. Concentration: The City of Orlando discourages the over-concentration of similar uses in one distinct geographical area [Section 58.542].
2. Design and Massing: The architectural style, height, and location of parking must be designed to integrate into the surrounding neighborhood [Section 58.542].
3. Traffic and Ingress: Vehicular access must be from the highest service level adjacent street, and on-site circulation must minimize impact on neighboring residential streets [Section 58.816].
4. Noise Abatement: The City of Orlando may impose conditions related to hours of operation and the use of outdoor speakers or noisy equipment [Section 58.816].
5. Environmental Protection: The proposal must not adversely affect the natural environment, particularly in areas like the Wekiva Overlay District [Section 58.499.11].

The Application Process in the City of Orlando

Applying for a CUP in the City of Orlando follows a structured administrative and public process:

1. Pre-Application and Determination

For specific uses, such as alcoholic beverage establishments or developments within a Special Plan (e.g., SODO or Semoran Boulevard), the applicant must first request a Zoning Official Determination. This determination identifies if a full CUP is required or if the use qualifies for an exception [Section 58.709, Section 62.499].

2. Application Submittal

The applicant must submit a complete application package to the City of Orlando. For a complex project like a large Public Benefit Use or an alcohol-related business, the submittal must include:

• Detailed, to-scale floor plans and site plans.
• A written narrative of the proposed use and how it fits the surrounding area.
• Specific technical reports, such as a noise report from a qualified acoustical engineer or a traffic circulation analysis [Section 58.709, Section 58.816].

3. Public Notice and Hearing

For most CUPs, a public hearing is required. The City of Orlando provides public notice to surrounding property owners. The Municipal Planning Board (MPB) conducts the hearing and takes testimony from the applicant and the public [Section 62.392].

4. Board Decision and Conditions

The Municipal Planning Board may approve the request, approve it with conditions, or deny it. Conditions often include:

• Limits on hours of operation.
• Requirements for additional landscaping or "CPTED" (Crime Prevention Through Environmental Design) fencing [Section 60.160, Section 62.408].
• Restrictions on sign size or illumination [Section 64.243].

5. Appeals

If a CUP is denied or approved with unacceptable conditions, the applicant may file a written Notice of Appeal with the City of Orlando. Appeals are generally heard by the City of Orlando Municipal Planning Board or the City Council [Section 56.23, Section 58.1227].

Sections Cited

• Section 56.02 - Intent and Purpose
• Section 56.23 - Appeals of Impact Fee Determinations
• Section 58.110 - Zoning Tables (Figure 2)
• Section 58.499.11 - Wekiva Overlay District Standards
• Section 58.542 - Standards for Review of CUP Applications (Congregate Living)
• Section 58.560 - Multi-Family Multiplex Standards
• Section 58.709 - Alcoholic Beverage Exceptions and Procedures
• Section 58.740 - Drive-Through Facilities General Requirements
• Section 58.811 - Assembly Public Benefit Uses
• Section 58.816 - Review Criteria for CUP Applications (Public Benefit)
• Section 58.841 - Communication Tower Use Restrictions
• Section 58.991 - Walk-Up Windows
• Section 58.1155 - Modification of Standards for Nonconforming Lots
• Section 60.160 - Enforcement
• Section 62.392 - Establishment of AR Appearance Review Overlay Districts
• Section 62.408 - Semoran Boulevard Special Plan
• Section 62.499 - SODO Special Plan
• Section 64.243 - Public Benefit Use Signs
• Section 64.251 - Electronic Message Centers
• Section 65.285 - Conditional Use Permit Renewal (referenced)