Standards for Determining Hardship and Variances in Orlando
In the City of Orlando, a "hardship" is generally defined as a practical hindrance to beneficial redevelopment or an inability to realize a reasonable economic return on a property. While the City of Orlando identifies different standards for specific situations, applicants typically must prove that complying with existing development regulations would create a "clear and unreasonable financial hardship" or that the property possesses "unique characteristics" that justify a departure from the code [Section 58.1161, Section 62.708, Section 64.268].
Hardship Criteria by Application Type
The City of Orlando applies specific hardship tests depending on the type of relief requested. The most rigorous definitions are applied to the demolition of historic structures and significant deviations from the sign code.
| Application Type | Required Hardship Standard | Governing Section |
|---|---|---|
| Demolition of Historic Landmarks | Applicant must prove they "cannot realize a reasonable and beneficial use of or economic return from the property." | [Section 62.708] |
| Longstanding Buildings | Relief from modern standards may be granted if compliance presents a "clear and unreasonable financial hardship." | [Section 58.1161] |
| Creative Design Exceptions (Signs) | Deviations up to 40% of a standard may be approved as an exception; relief beyond 40% requires a "unique hardship" variance. | [Section 64.268] |
| Wekiva Overlay District | Variances for open space ratios are only permitted under "special conditions and circumstances." | [Section 58.499.11] |
Economic Hardship for Historic Landmarks
When an owner of a structure within a City of Orlando Historic Preservation (HP) Overlay District or a designated historic landmark seeks a Certificate of Appropriateness for demolition, they may claim "extreme economic hardship."
Mandatory Findings
To prove economic hardship in the City of Orlando, the Historic Preservation Board must evaluate several factors, including:
- Knowledge of Designation: Whether the applicant knew or should have known about the historic designation at the time of acquisition [Section 62.708].
- Economic Return: The real estate taxes for the previous four years and the assessed value based on recent valuations [Section 62.708].
- Property Value: The fair market value of the property at the time of the demolition application compared to its value just prior to its designation as a landmark [Section 62.708].
- Financial Feasibility of Alternatives: Reports from licensed architects or engineers regarding the structural soundness of the building and the cost of rehabilitation versus the estimated market value after renovation [Section 62.708].
Exemptions from Hardship Proof
The City of Orlando does not require the owner to prove economic hardship if the property is:
- Residential and non-income producing.
- An accessory structure.
- A partial demolition where the principal facades remain intact [Section 62.708].
Hardship for Longstanding Buildings
For buildings in the City of Orlando originally constructed more than 30 years ago, the Zoning Official may grant relief from certain modern development standards (such as setbacks or parking requirements) if specific findings are made regarding the site's limitations.
Criteria for Relief
The City of Orlando Zoning Official must find that:
- Complying with modern standards presents a "practical hindrance" to beneficial redevelopment.
- Strict compliance presents a "clear and unreasonable financial hardship."
- The proposed work will retain and rehabilitate the preponderance of the existing nonconforming structure.
- The proposed work will not increase or expand the existing nonconforming aspect of the building [Section 58.1161].
Hardship in Signage Regulations
The City of Orlando distinguishes between "Creative Design Exceptions" and traditional sign variances.
The 40% Threshold
Under the City of Orlando sign code, an administrative approval process allows for designs that exhibit high degrees of imagination. However, relief is strictly limited to 40% of any standard. If an applicant requires more than a 40% deviation from City of Orlando standards, they must file for a sign variance and provide "proof of a unique hardship" [Section 64.268].
Sections Cited
- Section 58.499.11 (District Standards - Wekiva Overlay)
- Section 58.1161 (Work to Nonconforming Building, Structure, or Vehicular Use Area)
- Section 62.707 (Criteria for Demolition)
- Section 62.708 (Economic Hardship)
- Section 64.268 (Creative Design Exception)