Items Types:
Ordinances/1st Read
For Meeting of:
September 8, 2014
District: ALL From:
Contract ID: Document Number:
Exhibits: Yes On File (City Clerk) : Yes Draft Only: No
Grant Received by City?: No

Ordinance No. 2014-33, Relating To The Land Development Code; Amending Section 58.1161, Orlando City Code, Relating To Work To Nonconforming Building, Structure, Or Vehicular Use Area; Providing That Certain Longstanding Nonresidential Buildings May Undergo Substantial Improvement Without Conforming To Certain Development Standards; Providing Standards Of Review, Application Procedures, Definitions, And Penalties (Economic Development)


Non-Conforming Improvements - Whenever the City’s Land Development Code is changed, properties that do not comply with the new code are then rendered legally non-conforming. The code allows for these non-conforming improvements (i.e. gravel parking lots, inadequate setbacks, Special Plan issues, impervious surface ratios, etc.) to continue in perpetuity unless the owner decides to make changes to the improvements or use of the property. One of the changes that “triggers” compliance with the Code is a “Substantial Improvement.” At the time a Substantial Improvement is proposed, the Code requires the owner to bring many of the non-conforming improvements into compliance or seek a variance.

Substantial Improvements—The Code defines a Substantial Improvement as a proposed improvement to the existing building that would cost more than 50% of the value of said building. Staff uses the Orange County Property Appraiser's “Building Value” in determining if a proposed improvement is a “Substantial Improvement.” Many times the “Building Value” figure is lower than expected and a Substantial Improvement is determined.

Issues— In order to avoid the delay of a variance, many times property owners will “down scale” their project to avoid triggering the Substantial Improvement threshold. This can result in a less desirable project for both the owner and the City. Removing or increasing the Substantial Improvement threshold would result in missed opportunities to bring a non-compliant property closer to compliance. Other issues include using the Property Appraiser’s Building Value figure for the “just value” of the structure in many cases is too low.

Solution—Allow the Zoning Official to be able to issue Modification of Standards for projects in the Traditional City that are older than 30-years old that trigger the Substantial Improvement threshold for existing legal non-conformities. 

Also, another change provided by this ordinance would include amending the triggering of a Substantial Improvement by eliminating the term “just value” and replacing it with “50% of the present replacement value of the structure..." as derived from the Orange County Property Appraiser. In other words, Staff would determine that a project would be a Substantial Improvement if the improvement cost of the structure would be greater than 50% of the “Estimated New Cost” of the structure as determined by the Orange County Property Appraiser database.

Fiscal & Efficiency Data: N/A

Recommended Action:
Recommendation Approve the attached ordinance number 2014-33 on first reading and request that the Mayor and City Clerk present the draft ordinance for second reading and public hearing at the next regular City Council meeting.

Agenda Item attachment(s) on file in the City Clerks Office.

Note: All agenda items must be in the City Clerk's office by Noon Friday, six(6) business days prior to the regular Monday City Council meeting.

Contact: Mark Cechman, Chief Planner (ex 2078)
Approved By:

Department Date and Time
Budget Outside Routing Approval 8/26/2014 5:30 PM
City Clerk 8/27/2014 7:47 AM

Name: Description: Type:
LDC2014-00108_MODs_for_SI_Staff_report_2.pdf Staff Report Backup Material
Section_58.1161_Amendment_-_Work_to_Nonconformities_Aug._12_(2).pdf Ord2014-33 Backup Material
Traditional_City_And_Comm_Districts.pdf Traditional City Map Backup Material

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