Zoning Variance and Appeals Process in the City of Orlando
Property owners and developers in the City of Orlando seeking relief from strict adherence to the Land Development Code must submit a formal application or Notice of Appeal to the appropriate City official, accompanied by a required processing fee. Most administrative appeals must be filed within 15 to 30 days of a determination, and applicants are generally barred from re-applying for a similar variance for 12 months following a final denial.
General Variance Application and Review Process
The City of Orlando provides several avenues for seeking a variance or appealing an administrative decision, depending on the nature of the request (e.g., signs, landscaping, or building setbacks).
Application Submittal
Any person desiring to appeal an administrative decision or seek a variance must file a written application or Notice of Appeal with the designated City of Orlando official, such as the Transportation Impact Fee Coordinator, the Parks Official, or the Building Official [Section 56.23, Section 60.209]. The application must include:
- A full explanation of the reasons for the appeal or variance.
- Documentation establishing the applicant's legal interest in the property.
- Required processing fees as established by the City of Orlando City Council [Section 56.23, Section 56.44].
Administrative Review and Determination
Once an application is received, the relevant Department Head or Division Manager (e.g., the City of Orlando Transportation Planning Division Manager) reviews the submitted reports and supporting documentation. For certain requests, the City of Orlando will issue a written response or determination within a set timeframe, typically 15 to 30 days [Section 56.23, Section 58.1188].
Public Hearings and Board Actions
If a request involves significant deviations from the City of Orlando Code, it may require a quasi-judicial hearing.
- Board of Zoning Adjustment (BZA): Generally hears requests for variances related to nonconforming lots, sign regulations, and general building setbacks [Section 58.1155, Section 64.302].
- Municipal Planning Board: Reviews requests related to Master Plans and Special Plan Overlay Districts [Section 62.301, Section 62.408].
- Airport Board of Adjustment: Specifically handles appeals and variance requests for the City of Orlando Airport Height Zoning regulations [Section 58.1227].
Variance and Appeal Timeframes
The City of Orlando enforces strict deadlines for filing appeals and processing variance requests.
| Action Type | Filing Deadline | Review/Hearing Window |
|---|---|---|
| Transportation Impact Fee Appeal | Within 30 days of decision | 30-day initial staff review [Section 56.23] |
| Parks Impact Fee Appeal | Within 15 days of determination | Hearing within 20 days of notice [Section 56.44] |
| Sign Nuisance Removal | Within 10 days of notice | 10-day period to appeal to BZA [Section 64.302] |
| Eminent Domain Waivers | N/A | Signed letter within 30 days of receipt [Section 58.1188] |
| Re-application after Denial | After 12 months | N/A [Section 58.1142] |
Specific Variance Criteria
Nonconforming Lots and Structures
For properties in City of Orlando residential districts that do not meet current width or depth requirements, a variance may be granted if the lot was of record prior to the adoption of the current code [Section 58.1152]. Modifications to development standards on non-conforming residential lots are prohibited unless a variance is approved by the City of Orlando Board of Zoning Adjustment prior to site plan approval [Section 58.1155].
Economic Hardship for Historic Landmarks
When a City of Orlando property owner claims extreme economic hardship (often to justify the demolition of a historic structure), they must prove they cannot realize a reasonable economic return. The City of Orlando Historic Preservation Board evaluates these claims based on:
- The fair market value of the property.
- Appraisals from the previous two years.
- The feasibility of alternative uses for the property [Section 62.708].
Landscaping and Tree Protection
The City of Orlando Zoning Official is authorized to approve administrative variances for landscaping and tree protection when the goals of the Growth Management Plan (GMP) are furthered and acceptable alternatives are provided [Section 60.203].
Final Appeals to City Council
If an applicant is aggrieved by a final administrative determination (such as a decision from the Chief Administrative Officer or a specific Board), they may file a written Notice of Appeal to the City of Orlando City Council. This notice must be filed within 15 days of the decision being contested [Section 56.44, Section 58.1227]. The City of Orlando City Clerk is responsible for scheduling these appeals, and the City Council’s decision typically represents the final agency action [Section 56.44].
Sections Cited
- Section 56.23 - Appeals of Impact Fee Determinations
- Section 56.44 - Appeals (Parks Impact Fee)
- Section 58.1142 - General Requirements (Nonconformities)
- Section 58.1152 - Permitted Uses of Nonconforming Lots
- Section 58.1155 - Modification of Standards for Nonconforming Lots
- Section 58.1188 - Application for Waivers and Exceptions (Eminent Domain)
- Section 58.1227 - Airport Board of Adjustment
- Section 60.203 - Modification of Development Standards (Landscaping)
- Section 60.209 - General Requirements (Tree Removal)
- Section 62.301 - Applications Review by Appearance Review Official
- Section 62.408 - Semoran Boulevard Special Plan
- Section 62.708 - Economic Hardship (Historic Preservation)
- Section 64.302 - Prohibited, Unlawful and Nonconforming Signs Declared Nuisances; Removal