Regulations for Legal Nonconforming Structures in the City of Orlando
Legal nonconforming structures within the City of Orlando may be continued, maintained, and repaired, but any expansion or substantial improvement is generally prohibited unless it brings the structure into compliance or meets specific hardship criteria. One- and two-family dwellings that existed and conformed to regulations as of February 4, 1959, are legally considered conforming by the City of Orlando. For non-residential sites, the Zoning Official may authorize the removal of a limited number of parking spaces (ranging from zero to 5% of total required spaces) to accommodate mandatory landscaping and bufferyard upgrades during site redevelopment.
General Requirements for Continuance
The City of Orlando allows legally nonconforming structures to be continued, transferred, or sold [Section 58.1142]. Owners may perform normal maintenance and repairs, including the replacement of plumbing or electrical systems and the changing of interior partitions [Section 58.1142]. However, these alterations must not increase the degree of nonconformity or expand the nonconforming use.
If a nonconforming use of a structure is discontinued for more than six months, any subsequent use must conform to the standard regulations of the City of Orlando [Section 58.1173]. A two-year window exists for the reestablishment of a use if a Conditional Use Permit is obtained within the first six months of discontinuation [Section 58.1173].
Expansion and Substantial Improvement
Within the City of Orlando, any expansion of a nonconforming structure is prohibited unless the expansion itself complies with all applicable provisions of the Land Development Code and does not expand the nonconforming aspect of the building [Section 58.1160]. Substantial improvements or enlargements are prohibited unless the nonconforming conditions are brought into compliance, with the following specific exceptions:
- Affordable Housing: Legally existing nonconforming buildings that constitute part of a City of Orlando certified affordable housing development may undergo substantial improvements [Section 58.1161(a)].
- Unsafe Buildings: Improvements required to make a structure safe and habitable as determined by a government authority are permitted [Section 58.1161(b)].
- Force Majeure: If a structure is damaged by fire, flood, or wind, repairs are permitted provided the structure is no larger than the original and a building permit is obtained within one year of the damage [Section 58.1161(c)].
- Longstanding Buildings: For structures originally built more than 30 years ago, the City of Orlando Zoning Official may grant relief from certain development standards (such as setbacks or height) if compliance presents a practical hindrance to beneficial redevelopment or an unreasonable financial hardship [Section 58.1161(d)].
Landscaping and Parking Compliance
When a building site in the City of Orlando undergoes substantial enlargement or improvement, nonconforming parking lot landscaping and bufferyards must be brought into conformity [Section 58.1180]. To facilitate this, the Zoning Official is authorized to allow the removal of a specific number of required parking spaces to make room for required plantings.
Maximum Parking Removal for Landscape Compliance
| Number of Required Spaces on Building Site | Maximum Spaces That May Be Removed |
|---|---|
| 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]
Special District Rules
Pre-1959 Residential Dwellings
The City of Orlando explicitly classifies one- and two-family dwellings located in residential zoning districts as conforming if they existed and conformed to regulations as of February 4, 1959 [Section 58.1162].
Mixed Residential-Office (MXD-2) Districts
In the City of Orlando MXD-2 District, existing one- through five-family dwellings can be reused for office purposes up to the full existing floor area (or up to 10,000 square feet) even if they exceed the current Floor Area Ratio (FAR) allowed in the district, provided the dwelling was conforming when constructed [Section 58.1163].
Historic Preservation Overlay Districts
Non-contributing structures located within a City of Orlando Historic Preservation (HP) Overlay District are subject to appearance reviews. These structures may be modernized, but the City of Orlando prohibits them from being redesigned to create a "false historical appearance" [Section 62.702].
Sections Cited
- Section 58.1142
- Section 58.1160
- Section 58.1161
- Section 58.1162
- Section 58.1163
- Section 58.1173
- Section 58.1180
- Section 58.1182
- Section 62.702