Rebuilding Damaged Nonconforming Structures in the City of Orlando

In the City of Orlando, legally nonconforming one-family dwellings, two-family dwellings, and certified affordable multifamily developments may be legally rebuilt if damaged by a force majeure event. To qualify, the property owner must secure a building permit within one year of the damage and ensure the replacement structure does not exceed the size or height of the original building [Section 58.1161].

Force Majeure and Rebuilding Permissions

The City of Orlando Land Development Code generally prohibits substantial improvements or enlargements to nonconforming buildings. However, the City of Orlando provides a specific exception for structures damaged or destroyed by "force majeure" [Section 58.1161].

Qualifying Structure Types

Not all nonconforming buildings are eligible for rebuilding under the force majeure exception. The City of Orlando limits this relief to the following specific residential categories:

One-family dwellings.
Two-family dwellings.
Multifamily dwellings that have been certified by the City of Orlando as an affordable housing development [Section 58.1161(c)].

Mandatory Conditions for Rebuilding

For a property owner to legally repair or rebuild a nonconforming structure in the City of Orlando, the following technical and administrative standards must be met:

Standard	City of Orlando Requirement
Administrative Relief	Requires a written determination by the City of Orlando Zoning Official [Section 58.1161(c)(1)].
Proof of Status	The property owner must provide evidence that the structures were legally existing prior to the damage [Section 58.1161(c)(2)].
Structure Size	The repaired or rebuilt structure and its vehicular use areas can be no larger than the original [Section 58.1161(c)(3)].
Timeline	A building permit for the repair or reconstruction must be received within one year of the damage [Section 58.1161(c)(4)].
Consistency	The continuation of the nonconformity must not be inconsistent with the City of Orlando Growth Management Plan or the public health, safety, or welfare [Section 58.1161(c)(5)].

Defining "Force Majeure"

Under the City of Orlando Land Development Code, force majeure is defined as an overwhelming and irresistible event, such as an act of God, nature, or people, that could not be prevented or avoided. This includes:

Hurricanes, tornadoes, and tropical storms.
Tropical depressions and lightning.
Grave meteorological events or floods.
Sinkholes and earthquakes.
Water damage and grave hydrologic events.
Accidents caused by automobile or machinery.
Fire, riot, or civil unrest [Section 58.1161(c)(5)].

Exclusions: The City of Orlando specifically excludes damage resulting from termites, general deterioration due to poor maintenance or neglect, and any purposeful acts or omissions by the property owner from the definition of force majeure [Section 58.1161(c)(5)].

Relief for Longstanding Nonconforming Buildings

If a nonconforming building in the City of Orlando was originally built more than 30 years ago, it may be eligible for substantial improvements or changes of use even without a force majeure event, provided the Zoning Official makes specific findings [Section 58.1161(d)].

To grant this relief, the City of Orlando must find that complying with current development standards presents a practical hindrance to beneficial redevelopment and creates an unreasonable financial hardship. Furthermore, the proposed work must retain and rehabilitate the preponderance of the existing structure and must not increase or expand the nonconforming aspect of the building [Section 58.1161(d)(1-8)].

Sections Cited