The Nonconformity requirements of the following Part serve generally to implement the Growth Management Plan, by setting forth restrictions on the use of land for activities which do not conform to its provisions and procedures by which such uses may be brought into conformity.

(Ord. of 9-16-1991, Doc. #25094)

The requirements of this Part are intended to provide for the regulation of legally nonconforming lots, structures or buildings, uses and landscaping, and to specify circumstances and conditions under which such nonconformities may be continued or modified. The continued existence of nonconformities is generally inconsistent with the purposes for which this Chapter is established, and thus the gradual elimination of nonconformities is also the intent of this Part.

(Ord. of 9-16-1991, Doc. #25094)

Nonconforming lots, structures or buildings, uses and landscaping may be continued, transferred or sold except as specifically provided in this Chapter. However, no nonconformity shall be altered, expanded, enlarged or changed to another use except in accordance with this Part.

Permitted Alteration of a Non-Conformity. Any nonconformity may undergo normal maintenance and repair, including repair of plumbing, electrical systems, structural members, changing of partitions and other interior alterations. However, no such alteration shall have the effect of increasing the nonconformity, or expanding a non-conforming use, nor shall the floor area of a nonconforming structure be increased within the area of nonconformity, except in accordance with the requirements of this Part.

Building Permit Validity. Nothing herein shall require any change in plans, construction or designated use of a building or structure for which a building permit had been lawfully issued prior to the adoption or amendment of this Chapter, provided that the construction shall have been diligently carried on within six months of the date of such permit.

Re-Application Time Limits. Wherever any conditional use or variance application for expansion or change of a nonconformity has been denied, no new application for the same expansion or change may be considered by the reviewing authority for a period of 12 months from the date of denial by the City Council.

(Ord. of 9-16-1991, Doc. #25094)

A lot which does not comply with the width, depth or area requirements of Figure 1 may be used as permitted by this section if the applicant submits information establishing that:

(a)

The single lot, parcel or tract of land was of record or was the subject of an agreement for deed or other conveyance properly executed prior to the effective date of the adoption of this code; or

The single lot, parcel or tract of land was shown on a recorded map, plat, drawing or survey prior to the effective date of the adoption of this Code; or

The single lot, tract or parcel of land was shown on an unrecorded map, plat, drawing or survey and was either registered with the Department of Business Regulation, Division of Florida Land Sales, prior to the effective date of this code or was certified by a land surveyor or engineer duly licensed by the State of Florida, prior to the effective date of the adoption of this code; and

(b)

The single lot, parcel, or tract of land shown in the document required above conformed to lot width, depth and area requirements existing at the time the document was produced.

(Ord. of 9-16-1991, Doc. #25094)

Except where necessitated by government action, no lot which is nonconforming by reason of area shall be reduced in area; and no lot which is nonconforming by reason of width or depth shall be reduced in width or depth. Wherever two or more nonconforming lots are bound together by any action of the property owner to form a conforming building site, the building site shall not be reduced in area, width or depth in such a way as to create or increase a nonconformity.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 7-26-1993, Doc. #26769; Ord. of 1-24-2005, § 22, Doc. #050124909)

One Family Dwelling in Residential Districts. A lot in any residential district which is determined to be nonconforming according to Section 58.1150 may be used for a one family dwelling, subject to the requirements of this Section.

Other Uses in R-2A, R-2B, R-3A, R-3B, R-3C and R-3D Districts. A lot in an R-2A, R-2B, R-3A, R-3B, R-3C and R-3D zoning district which is determined to be nonconforming in either width or depth according to Section 58.1150 may be used for any use allowable in such district if a variance is granted for the nonconforming lot width or lot depth, subject to the requirements of this Section.

(Ord. of 9-16-1991, Doc. #25094; Ord. No. 2010-31, § 1, 8-30-2010, Doc. #1008301109; Ord. No. 2020-24, § 1, 4-13-2020, Doc. #2004131210; Ord. No. 2020-56, § 1, 12-7-2020, Doc. #2012071202)

Existing platted non-conforming Residential Lots. When a platted residential lot or Lot of Record is non-conforming in lot area, lot width, or lot depth, the following regulations shall apply:

(a)

Height. The maximum building height shall be two-stories.

(b)

FAR. The maximum floor area ration shall be 0.50.

(c)

Location of Required Parking. All required parking spaces and garage door elevations shall be set back a minimum of five (5) feet from the principle facade of the principle building. For each lot, the combined width of all garage door(s) facing a street shall not exceed fifty percent (50%) of the combined width of all building elevations facing the same street. Garage accessory structures in the rear half of the lot shall not be included in this calculation, except when the garage accessory structure is located on a corner lot and faces a side street. When a garage accessory structure is located on a corner lot and faces a side street, the garage accessory structure shall be set back a minimum of twenty (20) feet from the street side property line and the combined width of all garage door(s) facing a street shall not exceed thirty-five percent (35%) of the combined width of all building elevations facing a street, including the garage accessory structure.

(d)

Appearance Review Required. Appearance Review shall be required pursuant to the requirements and procedures provided in section 62.300.

(Ord. No. 2020-56, § 1, 12-7-2020, Doc. #2012071202)

Splitting a conforming lot or parcel into two or more non-conforming lots.

(a)

Process. A legally conforming residential lot may be split into two or more non-conforming lots according to either of the following:

(1)

Reversion to Original Plat—Residential Lots. When nonconforming residential lots are shown on a plat recorded prior to February 4, 1959, and any portion of two or more lots have been bound together by any action of a property owner to form a conforming building site, the owner may request to revert to the original plat in accordance with the standards provided in this subsection and the procedures provided in Chapter 65, Part 3G. A Final plat pursuant to Chapter 65, Part 3F shall not be required when an application for a reversion to the original plat is submitted. Requests for a quasi-judicial hearing on an application to revert to the original plat may be filed pursuant to Article XXXII, Chapter 2, Orlando City Code.

(2)

Plat with Modifications. If a residential building site contains parts and pieces of lots, has never been platted or is a different lot configuration than the original plat, a Plat with Modifications may be requested in accordance with Chapter 65, Part 3G.

(b)

Review of the request. In addition to the requirements of Chapter 65, Part 3G, the following regulations apply:

(1)

Height. The maximum height is two-stories.

(2)

Maximum FAR:

(i)

0.45 if the garage/carport is in the front half of the lot.

(ii)

0.50 if the garage/carport is in the rear half of the lot.

(3)

Location of Required Parking. All required parking spaces and garage door elevations shall be set back a minimum of five (5) feet from the principal facade of the principal building. For each lot, the combined width of all garage door(s) facing a street shall not exceed fifty percent (50%) of the combined width of all building elevations facing the same street. Garage accessory structures in the rear half of the lot shall not be included in this calculation, except when the garage accessory structure is located on a corner lot and faces a side street. When a garage accessory structure is located on a corner lot and faces a side street, the garage accessory structure must be set back a minimum of twenty (20) feet from the street side property line. The combined width of all garage door(s) facing a street shall not exceed thirty-five percent (35%) of the combined width of all building elevations facing a street, including the garage accessory structure.

(4)

Appearance Review. Appearance Review is required pursuant to the requirements and procedures provided in section 62.300 herein and the Traditional City Design Standards in section 62.600 herein.

(5)

Block Face Analysis. As part of the review of an application for a reversion to the original plat or plat with modifications under Chapter 65, Part 3G, the City shall analyze the predominant residential development pattern along both sides of the street on the same block face as the subject property excluding corner lots. An inventory or pattern of nonconforming lots due to width, depth or area on the block face is considered as justification for approval of the request, in addition to neighborhood compatibility and consistency with the standards and intent of the Growth Management Plan and Land Development Code.

(c)

Submittal Requirements.

(1)

Boundary survey of the existing conditions of the property.

(2)

Conceptual site plan.

(3)

Conceptual landscape plan.

(4)

Conceptual building elevations of all buildings.

(Ord. No. 2020-56, § 1, 12-7-2020, Doc. #2012071202)

Modification of Standards. The following modifications to development standards are permitted for nonconforming lots:

(1)

Single-story accessory structure and screen room setbacks.

(2)

Fence height.

(3)

Driveway regulations.

(4)

Single-story "in-line" additions to principal structures that are not a substantial improvement or substantial enlargement.

Modifications to any other development standards on non-conforming residential lots under Chapter 65, Part 2F herein are prohibited unless a variance is approved by the Board of Zoning Adjustment prior to site plan approval.

(Ord. No. 2020-56, § 1, 12-7-2020, Doc. #2012071202)

A legally existing nonconforming building, structure, or vehicular use area may expand if (1) the expansion does not expand the nonconforming aspect of the building, structure, or vehicular use area, (2) the expansion complies with all other applicable provisions of the Land Development Code, and (3) the expansion does not constitute a substantial improvement. A proposed expansion of a nonconforming building, structure, or vehicular use area that would expand the nonconforming aspect of the building, structure, or vehicular use area is prohibited unless approved as a zoning variance in accordance with the procedures of the Land Development Code and general or special law.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 5-4-2009, § 1, Doc. #0905041101)

Substantial improvement, substantial enlargement, and/or change of use to nonconforming buildings, structures, and vehicular use areas is prohibited unless such nonconforming conditions are brought into compliance with all applicable provisions of the Land Development Code and all other applicable provisions of City Code and general and special law, except in the following circumstances:

(a)

Affordable Housing. Legally existing nonconforming buildings, structures, and vehicular use areas constituting part of a City certified affordable housing development and undergoing a substantial improvement are hereby made exempt from current parking and stormwater regulations enacted by City ordinance.

(b)

Unsafe Buildings and Structures. Work constituting a substantial improvement may be made to legally existing nonconforming buildings and structures without bringing the building or structure into compliance with current regulations of the Land Development Code if such building or structure is declared to be unsafe and unsuitable for human habitation by a government authority having jurisdiction, but only to the extent necessary to make the building or structure safe and suitable for human habitation as determined by the government authority having jurisdiction.

(c)

Certain Buildings and Structures Damaged by Force Majeure. Repairs constituting substantial improvements may be made to legally existing nonconforming buildings, structures, and vehicular use areas constituting part of either (1) a one family dwelling, (2) a two family dwelling, or (3) a multifamily dwelling certified by the City as an affordable housing development, without bringing the building, structure, or vehicular use area into compliance with current regulations of the Land Development Code if such building or structure is being repaired due to damage caused by force majeure, but only under the following conditions:

(1)

Relief pursuant to this part may be granted only by written determination of the zoning official.

(2)

The property owner must provide evidence that the buildings, structures, and vehicular use areas proposed for repair were legally existing.

(3)

The repaired buildings, structures, and vehicular use areas will be no larger than the original.

(4)

Relief pursuant to this part is only available if the property owner receives a building permit for the subject building, structure, or vehicular use area within 1 year of the damage caused by force majeure.

(5)

Continuation of the nonconforming condition is not inconsistent with applicable provisions of the Growth Management Plan, nor inconsistent with the public health, safety, or welfare.

For the purposes of this section, the term "force majeure" means any overwhelming event or act of God, nature, or people, that is exceptional, unusual, inevitable, and irresistible, the effects of which cannot be prevented or avoided by the exercise of due care or foresight, examples of which include, but are not limited to, hurricanes, tornadoes, tropical storms, tropical depressions, lightning, and other grave meteorological events, sinkholes, earthquakes, and other grave geologic events, floods, water damage, and other grave hydrologic events, accidents caused by automobile or machinery, fire, riot, civil unrest or commotion, terrorist attack or activity, acts of war, and acts of a public enemy. Events or conditions specifically excluded from the meaning of the term "force majeure" for the purposes of this section include termite damage, deterioration due to poor maintenance or neglect, and purposeful acts or omissions by or on behalf of the property owner.

(d)

Longstanding buildings. Legally existing nonconforming buildings, structures, and their associated vehicular use areas, originally built more than 30 years ago, may undergo substantial improvements, substantial enlargements, or a change of use without meeting the following existing development standards of this Code:

1.

Setbacks.

2.

Maximum height.

3.

Maximum impervious surface area.

4.

Minimum and maximum density and intensity.

5.

Minimum lot width, length, or size. (Non-residential structures only).

6.

Landscaping standards.

7.

Parking standards.

8.

Traditional City design standards provided at Part 6, Chapter 62 of this Code.

Relief may be granted under this subsection only by official determination of the zoning official. The zoning official may grant relief under this subsection only if he or she finds as follows:

1.

Complying with the development standards presents a practical hindrance to beneficial redevelopment.

2.

Complying with the development standards presents a clear and unreasonable financial hardship.

3.

Continuation of the nonconformity will not result in the continuation of a nonconforming use.

4.

That the preponderance of the evidence supports the legal existence of the nonconformity.

5.

Continuation of the nonconformity is not inconsistent with applicable provisions of the Growth Management Plan, nor inconsistent with the public health, safety and welfare.

6.

Continuation of the nonconformity is reasonably compatible with existing and reasonably foreseeable neighboring development pattern.

7.

That the proposed work will retain and rehabilitate the preponderance of the existing nonconforming building, structure, or vehicular use area.

8.

That the proposed work will not increase or expand a nonconforming aspect of the building, structure, or vehicular use area.

9.

That the work does not exceed 400% of a substantial improvement.

Recognizing that relief under this subsection will prolong a condition not conforming to the development standards of this Code, the zoning official may impose one or more of the conditions of development provided by section 65.334 of this Code. Conditions of development must be reasonably calculated to mitigate identifiable land use impacts of the nonconformity. Violations of development conditions constitute a violation of this subsection. Relief under this subsection does not exempt the property from section 58.1184, or any other applicable provision of this Code, except as expressly provided in this subsection.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 7-26-1993, Doc. #26769; Ord. of 5-4-2009, § 1, Doc. #0905041101; Ord. No. 2014-33, § 1, 9-29-2014, Doc. #1409291201; Ord. No. 2018-45, § 5, 8-20-2018, Doc. #1808201202; Ord. No. 2018-68, § 1, 1-14-2019, Doc. #1901141201; Ord. No. 2023-45, § 1, 12-11-2023, Doc. #2312111202)

One and two family dwellings located in residential zoning districts and that existed and conformed to applicable City zoning regulations as of February 4, 1959, are considered conforming to this Land Development Code.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 5-4-2009, § 1, Doc. #0905041101)

Floor Area Ratio. In order to encourage re-use of residential structures in MXD-2 Districts, an existing 1—5 family dwelling located in an MXD-2 District may be used for office use up to the full existing floor area of the dwelling which existed on January 1, 1987, or up to 10,000 square feet per building site (whichever is less), even if such floor area would exceed Floor Area Ratio otherwise permitted in the MXD-2 District; provided that all other applicable development standards of this Chapter are met.

Setbacks. An existing 1—5 family dwelling located in any MXD-2 District shall be construed as conforming to the setback standards of the district, provided that the dwelling was conforming when it was constructed.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 5-4-2009, § 1, Doc. #0905041101)

No nonconforming use shall be expanded or extended into any part of the structure or building site in which it is located, which was previously not used for such use, except as follows:

Conditional Use Review. The proposed expansion or extension shall be subject to review and consideration as a Conditional Use in accordance with Chapter 65, Part 2D.

Increased Nonconformity. No expansion, enlargement or extension shall have the affect of increasing a nonconformity to current development standards, except in accordance with Chapter 58, Part 7A. The building site or lot of a nonconforming use shall not be expanded.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 7-26-1993, Doc. #26769)

No nonconforming use shall be changed to any other nonconforming use except as follows:

Zoning Official Review. The proposed change shall be subject to review and by the Zoning Official. The intensity of the proposed use shall be equal to or less intense than the previous use.

Equal or Lower Intensity. No such change in use shall be approved except to a use of equal or lower intensity, using the land use intensity classification established in Chapter 58, Part 2, Figure 3 as a guide.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 7-26-1993, Doc. #26769; Ord. of 5-20-1996, Doc. #29361)

Uses and structures which were previously zoned residential may be continued in an office district, and existing structures may be used for those uses permitted in an office district, following establishment of the office district on the property. Installation of support facilities or structural additions shall conform to the development standards of the district in which the property is located.

(Ord. of 9-16-1991, Doc. #25094)

When a nonconforming use has been discontinued for any reason for a period of six months, all subsequent uses shall revert to those permitted by this Chapter except as follows:

Conditional Use Review. A nonconforming use discontinued for more than six months may be reestablished, subject to review and consideration as a Conditional Use in accordance with Chapter 65, Part 2D. Any required conditional use application, permits, and construction must be completed within the two-year timeframe, such that the use is fully reestablished within two years. A nonconforming use may not be reestablished if it was discontinued for more than two years.

(Ord. of 9-16-1991, Doc. #25094; Ord. No. 2020-44, § 1, 9-21-2020, Doc. #2009211202)

Nonconforming parking lot landscaping shall be brought into conformity as part of any substantial enlargement or substantial improvement granted for the building site. No existing building shall be required to be altered or moved in order to comply with the requirements of this Part; however, no building, structure or vehicular use area may be expanded or altered in a manner which increases the nonconformity of the parking lot landscaping.

(Ord. of 9-16-1991, Doc. #25094)

Nonconforming bufferyards shall be brought into conformity as part of any substantial enlargement or substantial improvement granted for the building site. No existing building shall be required to be altered or moved in order to comply with the requirements of this Part; however, no building, structure or vehicular use area may be expanded or altered in a manner which increases the nonconformity of the bufferyard. If the building site, because of its substandard area or the location of existing structures on the site, is unable to accommodate the bufferyard otherwise required by Chapter 60, the following requirements shall apply:

Largest Feasible Bufferyard Width. The bufferyard provided shall be of the largest feasible width available on the building site, as determined by the Zoning Official.

Compliance with Planting and Screen Requirements. Regardless of the width of the bufferyard, all required plantings and screens shall be provided unless the Zoning Official shall determine that the plantings and screens cannot feasibly be accommodated in the bufferyard available.

Zoning Official Authorized to Make Adjustments. In cases where required plantings and structures cannot feasibly be accommodated the Zoning Official shall be authorized to make adjustments, including modifications to plantings and screens, in order to bring the building site as nearly as possible into conformity with the intent of the bufferyard requirements of Chapter 60.

(Ord. of 9-16-1991, Doc. #25094; Ord. No. 2010-33, § 2, 8-30-2010, Doc. #1008301102)

The Zoning Official may authorize, as part of any building permit or other development order, redesign or removal of required parking spaces or vehicular use areas to achieve compliance with the landscaping and/or bufferyard requirements of this Chapter. Any parking spaces which are removed shall continue to be counted toward satisfying the parking requirements of Chapter 61, Part 3. However, in no case shall more than the following number of required parking spaces (or equivalent amount of vehicular use areas) be removed:

In authorizing redesign to achieve compliance, the Zoning Official shall give highest priority to providing perimeter landscaping and bufferyards on those portions of non-residential building sites which abut residential uses.

Documentation of Removed Spaces. Where parking spaces are removed in accordance with this Section, their location and number shall be indicated on the approved Final Site Plan. Once so documented and approved, the building site shall no longer be considered nonconforming in regard to the parking lot landscaping or bufferyard requirements of this Chapter.

(Ord. of 9-16-1991, Doc. #25094)

Any parking lot located in a residential district and which serves an abutting use or uses in a non-residential district, and which existed and was maintained on the effective date of this Chapter, may be continued although the parking lot landscaping and/or bufferyards required for such parking lot does not conform to all of the provisions contained in this Chapter; provided that all such nonconforming parking lot landscaping and/or bufferyards shall be brought into conformance with the requirements of this Chapter or the parking lot removed from the premises not later than 2 years from the effective date of this Chapter; except where a building permit for the parking lot was issued within 3 years prior to the adoption of this Chapter in which instance the date shall be 5 years from the date of issuance of the building permit.

(Ord. of 9-16-1991, Doc. #25094)

When a change of use necessitates classifying the use to a higher classification on Figure 3 of this Chapter, then all requirements of the Land Development Code shall apply.

(Ord. of 8-6-2001, § 7, Doc. #33970)

The City Council of the City of Orlando hereby finds that the acquisition of private property by various governmental or public agency entities, so authorized by law through the eminent domain process, including trial, or negotiations prior thereto, is an extremely costly and rigorous process. Allowing the appropriate City staff, pursuant to established guidelines, procedures and criteria, to grant waivers and exceptions from certain City land development codes or regulations, or to apply for variances on behalf of affected property owners serves a valid public purpose and promotes the general safety and welfare of the citizens and land owners of the City.

(Ord. of 4-5-1999, § 1, Doc. #32006)

It is the intent of this Part to establish a fair procedure by which the appropriate City staff can grant waivers and exceptions to City land development regulations, as well as engineering codes and regulations, or to seek waivers or variances before the appropriate boards, in order to ensure that legally affected property owners have a viable and fair means of preventing or reducing any adverse impact upon their property as a result of the condemnation process, and to allow the continued use of said property in a manner as similar to its precondemnation condition as practicable. Further, it is the intent of this Part 7H to establish procedures which will reduce the cost of acquisitions of property needed for public improvements.

(Ord. of 4-5-1999, § 2, Doc. #32006)

Department Heads, which is hereinafter defined to include their designee(s), having jurisdiction over land development regulations, and engineering codes, ordinances, regulations, or resolutions, shall have the authority to grant waivers or exceptions, or, if City Code so provides and a waiver or exception is not available, to seek variances, to and from applicable City Codes, ordinances, regulations, or resolutions. Such authority is conditioned upon a determination that the waiver, exception, or variance does not adversely affect the public health, safety or welfare. This determination shall be made in writing with copies distributed to the Office of Legal Affairs, The Real Estate Department, and the Office of Permitting Services.

(Ord. of 4-5-1999, § 3, Doc. #32006)

(a)

The condemning authority, or the landowner, may apply in writing to the appropriate Department Head for a determination that the granting of the waiver or exception will not result in a condition which adversely affects the health, safety or welfare of the general public.

(b)

The appropriate Department Head shall, within thirty (30) days of receipt of the application, issue a signed letter to all parties granting or denying the waiver or exception.

(c)

If the waiver or exception is denied hereunder, and if the applicable City Code provisions allow, the owner or condemning authority may apply for other relief including, but not exclusively, a variance or an appeal.

(Ord. of 4-5-1999, § 4, Doc. #32006)

If, as a result of a governmental acquisition of property, either by negotiation or condemnation, existing lots, parcels, structures, or uses of land become nonconforming within the provisions of the City Code, the following provisions may apply with respect to the Application for Waiver or Exceptions (Section 58.1188):

(1)

Existing characteristics of use which become nonconforming or increase in nonconformity as a result of the acquisition, including but not limited to, minimum lot size, setbacks, open space, off-street parking, landscape requirements, drainage and retention, shall be required to meet Code requirements to the greatest extent practicable and to the satisfaction of the appropriate Department Head. Thereafter, the existing characteristics of use shall be deemed conforming to the extent of those non-conformities caused by the government's acquisition. Any further redevelopment, expansion, or enlargement thereof shall be in accordance with all applicable City Code requirements.

(2)

In granting any waiver or exception to City Code requirements, the Department Head of the department having jurisdiction over the specific area of the Code shall:

a.

Determine that the requested exception or waiver will not adversely affect visual, safety, aesthetic or environmental concerns of neighboring properties.

b.

Determine that the requested exception or waiver shall not adversely affect the safety of pedestrians or operators of motor vehicles.

c.

Preserve Code-required off-street parking requirements to the greatest extent practicable. The reconfiguration, reduction, or removal of landscape and/or open space requirements may be considered to preserve off-street parking.

(3)

If any legally existing structure(s) (principal or accessory), or vehicular use area(s) must be relocated as a direct result of the governmental acquisition, or as a result of safety concerns, if allowed to remain after the acquisition, then the appropriate Department Head in consultation with the Building Official may allow the relocation of the structure on the remaining property, so as to comply with all applicable regulations to the greatest extent practicable. If the allowed relocation results in substandard characteristics of use, it shall be deemed thereafter to be conforming with respect to said characteristics. Any future expansion or enlargement thereof shall be in accordance with all applicable Code requirements.

(4)

Legally existing structures (principal or accessory) or vehicular use areas which become nonconforming or increase in nonconformity according to subsection (1), and which are thereafter damaged or destroyed other than by voluntary demolition, to an extent of more than fifty percent (50%) of assessed value at the time of destruction can be restored, but only to predestruction condition. Any expansion or enlargement under this Section that does not increase the nonconformity of a characteristic of use shall only occur in accordance with all applicable Code requirements.

(5)

If a structure to be relocated harbors a nonconforming use, the Zoning Official and Building Official may permit a relocation pursuant to this Part, if the appropriate Department Head determines that public harm will not result.

(6)

Where part of a principal structure is acquired, the reconstruction of said structure (same size and use) may be permitted. The reconstruction must meet City Code to the greatest extent practicable and to the satisfaction of the appropriate Department Head and the Building Official. The reconstructed structure shall thereafter be deemed conforming as to those non-conformities caused by the government acquisition. Any future expansion or enlargement shall meet any and all applicable Code provisions.

(7)

Any alterations, repairs or rehabilitation work necessitated by a governmental or public agency acquisition may be made to any existing structure, building, electrical, gas, mechanical or plumbing system without requiring the building, structure, plumbing, electrical, mechanical or gas system to comply with all the requirements of the technical codes provided that the alteration, repair or rehabilitation work conforms to the requirements of the technical codes for new construction. The Building Official shall determine the extent to which the existing system shall be made to conform to the requirements of the technical codes for new construction.

(Ord. of 4-5-1999, § 5, Doc. #32006)

A sign which is located on a parcel that is subject to acquisition by a governmental or public agency for a public purpose may, subject to approval of the appropriate Department Head, be relocated on the remaining portion of the parcel in accordance with the following:

(1)

The sign must be relocated on the remaining parcel in such a manner as to meet the setback and distance separation requirements. If due to the size and/or configuration of the remaining parcel, setback and distance separation requirements cannot be met, then, subject to the approval of the Zoning Official, the sign may be relocated so as to comply with such regulations to the greatest extent practicable as determined by the Zoning Official.

(2)

Any legally existing nonconformity of a sign, other than setback or distance separation, shall not be increased upon relocation.

(3)

If the sign to be relocated is a legal, but nonconforming sign, upon proof submitted by the applicant and subject to the determination by the Zoning Official that public harm would not occur, then such sign may be relocated pursuant to this subsection notwithstanding the provisions of the City's sign ordinance.

(Ord. of 4-5-1999, § 6, Doc. #32006)

(a)

The appropriate Department Head is hereby authorized to testify in judicial proceedings as to the likelihood of whether a waiver or exception from City codes or regulations would be granted or the reasons the Department Head has granted the waiver or exception.

(b)

In testifying, the Department Head is specifically authorized to employ the following criteria:

(1)

History of similar waivers or exceptions being granted by the City or its appropriate boards.

(2)

Analysis of why the waiver or exception would not unreasonably affect surrounding property owners.

(3)

Analysis of the potential hardship imposed by the government acquisition.

(4)

Analysis of any and all other criteria normally considered by the appropriate boards or departments in granting similar waivers or exceptions and how those criteria relate to the subject and neighboring properties.

(5)

That the granting of a waiver or exception would not adversely affect the public health, safety or welfare.

(Ord. of 4-5-1999, § 7, Doc. #32006)

(a)

The provisions of this Part 7H shall not be interpreted to grant or allow a vested right in any particular building, development, or property that is subject to or affected by government acquisition.

(b)

The appropriate building officials and inspectors are authorized to take any and all necessary steps to enforce all applicable development, land use, building and safety codes even though the subject property is part of a condemnation action or other government acquisition of property.

(Ord. of 4-5-1999, § 8, Doc. #32006)

The purpose and intent of this subpart is to promote and protect the health, safety, and general welfare of the citizens of the City, and to establish reasonable, uniform, and fair regulations to prevent the deleterious secondary effects of pain management clinics within the City. The negative secondary effects associated with pain management clinics were reported to Council by the City of Orlando Prescription Drug Abuse Task Force on November 14, 2011.

(Ord. No. 2013-53, § 4, 11-25-2013, Doc. #1311251203)

(a)

Pain management clinics are prohibited within 500 feet of the right-of-way of the following:

1.

Road segments designated as view corridors in the City's adopted growth management plan.

2.

The McCoy Road - Sand Lake Road corridor between Tradeport Drive and Interstate 4.

3.

John Young Parkway between Osceola County and U.S. Highway 441.

4.

Narcoossee Road between the Beachline Expressway and Hoffner Avenue.

5.

Orange Avenue between Wetherbee Road and Oak Ridge Road.

6.

U.S. Highway 441 between Osceola County and Seminole County and between Seminole County and Lake County.

7.

The Beachline Expressway between Narcoossee Road and Interstate 4.

8.

The Beltway System in Orange County.

9.

Semoran Boulevard between Orlando International Airport and Seminole County.

10.

Jetport Drive between Orange Avenue and the Beachline Expressway.

11.

Hoffner Avenue between Goldenrod Road and Conway Road.

12.

Lee Vista Boulevard east of Semoran Boulevard.

13.

L.B. McLeod Road.

14.

Vineland Road between McLeod Road and Conroy Road.

15.

Sand Lake Road between Universal Boulevard and Kingspointe Parkway.

(b)

Pain management clinics are prohibited within 1,000 feet of the following:

a.

A religious institution.

b.

Another pain management clinic.

c.

A public library.

d.

A public park.

e.

A residential zoning district, including planned development zoning districts with residential uses.

f.

An establishment serving or selling alcoholic beverages for onsite consumption.

(c)

Pain management clinics are prohibited within 2,500 feet of a school.

(d)

Pain management clinics are prohibited within 2,800 feet of the right-of-way of the Lee Vista Boulevard - Judge Road corridor between Semoran Boulevard and Conway Road.

(e)

Pain management clinics are prohibited within 1,500 feet of the right-of-way of E. Landstreet Road between Orange Avenue and Boggy Creek Road.

(f)

Pain management clinics are prohibited within subareas 6 and 12 as designated in the City's adopted growth management plan.

(g)

Pain management clinics are prohibited within 1,500 feet of residential zoning districts, including planned development zoning districts with residential uses, if the pain management clinic is located north of Silver Star Road and west of John Young Parkway.

(h)

Pain management clinics are prohibited within 2,500 feet of a pharmacy.

Method of Measuring Distance. For the purposes of this part, distance shall be measured by the shortest, straight line between property or district boundaries.

Variances. Variance from the requirements of this section may only be approved in accordance with Part 2J, Chapter 65, Orlando City Code.

(Ord. No. 2013-53, § 4, 11-25-2013, Doc. #1311251203)

It is hereby made unlawful and a violation of this part to own, operate, manage, control, or be employed by a pain management clinic unless the zoning official has approved a site plan conforming to the requirements of this section. It is hereby made unlawful and a violation of this part to own, operate, manage, control, or be employed by a pain management clinic that is developed, built, maintained, or operated inconsistent with its approved site plan. Site plans must be applied for, reviewed, and approved, approved with conditions, or denied, by zoning official determination.

(a)

Parking. Pain management clinics must provide at least five parking spaces per 1,000 square feet of gross floor area. Offsite and shared parking is prohibited.

(b)

CPTED. Pain management clinics must conform to the following minimum crime prevention through environmental design regulations:

1.

Exterior lighting. All exterior areas must be lit in accordance with the exterior lighting standards of Orange County, Florida, as provided in ordinance #2003-08.

2.

Signs. Notwithstanding other provisions of the land development code, signs may not include flashing lights, photographs, images, silhouettes, drawings, depictions, or other pictorial representations of any kind. Signs are prohibited in or on windows.

3.

Landscaping. Shrubbery must be maintained under 30 inches in height and tree branches must be kept at least 6 feet above the ground.

4.

Interior requirements. Interior premises must be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place where patrons are permitted access at an illumination of at least five foot candles as measured at the floor level. An indoor patient waiting room of at least 500 square feet must be provided and outdoor waiting areas are prohibited.

5.

Elevations. The site plan must depict each façade elevation, including windows, doors, and architectural features. The plan must also depict elements of the site plan and building elevations that promote natural surveillance of the site and the building by neighboring uses and passing motorists.

(c)

Other code requirements. The site plan must depict compliance with all other applicable requirements of this Code.

(Ord. No. 2013-53, § 4, 11-25-2013, Doc. #1311251203)