Modification and Expansion of Nonconforming Structures in Orlando
Under the City of Orlando Code of Ordinances, expanding or substantially improving a nonconforming building is generally prohibited unless the expansion does not increase the specific nonconforming aspect of the structure and complies with all other Land Development Code provisions. Limited exceptions are available for affordable housing, unsafe structures, repairs necessitated by force majeure, and "longstanding buildings" that have existed for at least 30 years and meet strict relief criteria [Section 58.1160, Section 58.1161].
General Regulations for Orlando Nonconformities
The City of Orlando defines a nonconformity as a lot, structure, or use that was legal when established but no longer complies with current zoning requirements. According to the City of Orlando Land Development Code, these nonconformities may be continued, transferred, or sold, but they generally cannot be altered, expanded, enlarged, or changed to another use except as specifically provided in the code [Section 58.1142].
Normal maintenance and repairs—such as work on plumbing, electrical systems, or interior partitions—are permitted as long as they do not increase the nonconformity or expand the nonconforming structure into the area of nonconformity [Section 58.1142].
Expansion of Nonconforming Buildings and Structures
A legally existing nonconforming structure in the City of Orlando may only be expanded if the following three conditions are met:
- The expansion itself does not expand the nonconforming aspect of the building or structure.
- The expansion complies with all other applicable provisions of the City of Orlando Land Development Code.
- The expansion does not constitute a "substantial improvement" as defined by the code [Section 58.1160].
Any expansion that would increase the nonconforming aspect of the building is strictly prohibited unless the applicant obtains a zoning variance through the proper legal channels [Section 58.1160].
Substantial Improvements and Prohibited Modifications
Substantial improvements or enlargements of nonconforming buildings in the City of Orlando are generally prohibited. However, the City of Orlando provides four specific circumstances where such work may be authorized:
- Affordable Housing: Legally existing nonconforming buildings that are part of a City of Orlando certified affordable housing development undergoing substantial improvement [Section 58.1161(a)].
- Unsafe Buildings: Work required to bring a structure into compliance with current City of Orlando health and safety regulations, provided the structure is declared unsafe for human habitation by a government authority [Section 58.1161(b)].
- Force Majeure: Repairs to buildings damaged by an act of God, fire, or other "force majeure" events. These repairs must not result in a building larger than the original and the owner must receive a building permit within one year of the damage [Section 58.1161(c)].
- Longstanding Buildings: Buildings originally constructed more than 30 years ago may undergo substantial improvements if the Zoning Official finds that complying with current standards presents a practical hindrance to beneficial redevelopment or an unreasonable financial hardship [Section 58.1161(d)].
Technical Standards for Nonconforming Residential Lots
When dealing with existing platted nonconforming residential lots in the City of Orlando, specific development regulations apply to ensure the character of the neighborhood is maintained.
| Standard Category | City of Orlando Requirement |
|---|---|
| Maximum Building Height | Two-stories [Section 58.1153(a)] |
| Maximum Floor Area Ratio (FAR) | 0.50 [Section 58.1153(b)] |
| Minimum Parking/Garage Setback | 5 feet from the principle facade [Section 58.1153(c)] |
| Combined Garage Door Width | Max 50% of the combined width of all building elevations facing the street [Section 58.1153(c)] |
| Appearance Review | Required pursuant to Section 62.300 [Section 58.1153(d)] |
Permitted Modifications for Nonconforming Lots
The City of Orlando permits specific minor modifications to development standards for nonconforming lots without requiring a full variance from the Board of Zoning Adjustment.
| Permitted Modification | Restriction/Requirement |
|---|---|
| Accessory Structures | Limited to single-story [Section 58.1155] |
| Screen Rooms | Subject to specific setbacks [Section 58.1155] |
| Fences | Modifications to height allowed [Section 58.1155] |
| "In-line" Additions | Must be single-story and not a substantial enlargement [Section 58.1155] |
Relief for Longstanding Buildings
For buildings in the City of Orlando built 30 or more years ago, the Zoning Official may grant relief from certain code requirements to facilitate the structure's rehabilitation. To qualify, the proposed work must retain and rehabilitate the preponderance of the existing nonconforming building and must not exceed 400% of a substantial improvement [Section 58.1161(d)]. The standards that may be modified include:
- Setbacks and maximum height.
- Maximum impervious surface area.
- Landscaping and parking standards.
- Traditional City design standards [Section 58.1161(d)].
Sections Cited
- Section 58.1142 - General Requirements (Nonconformities)
- Section 58.1153 - Development of Nonconforming Residential Lots
- Section 58.1155 - Modification of Standards for Nonconforming Lots
- Section 58.1160 - Expansion of a Nonconforming Building, Structure, or Vehicular Use Area
- Section 58.1161 - Work to Nonconforming Building, Structure, or Vehicular Use Area
- Section 58.1163 - One Through Five Family Dwellings in MXD-2 Districts
- Section 62.300 - Applicability and Scope of Review (Appearance Review)