Orlando Nonconforming Use Discontinuation and Vacancy Rules
In the City of Orlando, a nonconforming use that is discontinued for any reason for a period of six months loses its legal status and must revert to uses currently permitted by the City Code. While a property owner may apply for a Conditional Use Review to reestablish a nonconforming use that has been vacant for more than six months, this option is only available within a two-year window. Any nonconforming use in the City of Orlando that has been discontinued for more than two years is prohibited from being reestablished.
General Rules for Discontinuation
According to the City of Orlando Code of Ordinances, the legal status of a nonconforming use is tied strictly to its continuous operation. If the use ceases for a specific duration, the privilege to operate outside of current zoning regulations is revoked.
Standard Vacancy Timeframes
The following table outlines the critical timeframes for nonconforming uses within the City of Orlando:
| Status of Use | Duration of Vacancy/Discontinuation | Legal Requirement or Result |
|---|---|---|
| Initial Loss of Status | 6 Months | Use must revert to those currently permitted in the district [Section 58.1173]. |
| Conditional Reestablishment | Between 6 Months and 2 Years | Reestablishment possible only through a Conditional Use Review [Section 58.1173]. |
| Permanent Termination | More than 2 Years | Use may not be reestablished under any circumstances [Section 58.1173]. |
| Nightclub Operations | 6 Months | Right to operate expires; requires new Planning Official determination [Section 58.705]. |
Special Use Considerations
The City of Orlando applies specific vacancy and abandonment rules to certain types of infrastructure and business categories that may differ from or supplement the general nonconforming use standards.
Nightclubs and Alcohol Establishments
For legally existing nightclubs in the City of Orlando, the right to operate applies to the land and remains valid even if ownership changes. However, this right expires automatically if the nightclub ceases operations for a period of six months or more. To resume operations after such a period, the owner must obtain a new Planning Official determination and potentially a Conditional Use Permit [Section 58.705].
Communication Towers
Communication towers are subject to strict abandonment rules. If the use of a communication tower in the City of Orlando is discontinued for 180 consecutive days, it is deemed abandoned. The owner then has an additional 180 days to either reactivate the tower or dismantle and remove the structure. Failure to reactivate within this period results in the automatic expiration of any conditional use or variance approvals [Section 58.849].
Temporary Vacant Lots
While not specifically a "use," the City of Orlando regulates the maintenance of lots that remain vacant for extended periods. Any lot that remains vacant for more than six months must be improved with either a CPTED-style wall, a fence, or a series of bollards along the perimeter, and the ground surface must be restored to a sodded state [Section 62.618].
Reestablishment Procedures
If a nonconforming use has been discontinued for more than six months but less than two years, the City of Orlando allows for a potential path to reestablishment. This requires a Conditional Use Review pursuant to Chapter 65, Part 2D of the City Code. During this review, all required applications, permits, and actual construction must be completed within a two-year timeframe to successfully restore the nonconforming status [Section 58.1173].
Sections Cited
- Section 58.705, General Requirements (Alcoholic Beverage Establishments)
- Section 58.849, Abandonment (Communication Towers)
- Section 58.1173, Discontinuation of a Nonconforming Use
- Section 62.618, Temporary Vacant Lots