These policies are from the Comprehensive Plan (2010-2030), effective as of March 4, 2023. Please confirm with the Planning Division whether any of these policies are applicable to your parcel.
FLU8.2.5 Subject to the compatibility measures outlined in policies FLU8.1.1 and FLU8.2.1, uses permitted by the existing zoning district or uses allowed through the special exception permitting process as described in the Orange County Code may be considered when a property’s zoning district is inconsistent with the Future Land Use Map, subject to policies FLU8.2.5.1 and FLU8.2.5.2. On a case-by-case basis, such uses may be considered only when the County has determined the use is consistent with the intent of the CP. (Added 12/00, Ord. 00-25; Amended 12/04, Ord. 04-21; Amendment 6/12, Ord. 2012-14, Policy 1.1.14.1-r)
FLU8.2.5.1 A rezoning may not be required for properties with inconsistent zoning and Future Land Use Map (FLUM) designations under the following circumstances: 1) For non-residential uses when the proposed use is permitted in the existing zoning district, and the same use is permitted in each of the zoning districts that are consistent with the adopted FLUM designation; or
2) For non-residential and residential uses when the proposed use is permitted in the existing zoning district, but the use would require a special exception if the property is rezoned to be consistent with the adopted FLUM designation. In this case, however, the same use must be permitted or allowed by special exception in each of the zoning districts that are consistent with the adopted FLUM designation.
3) For residential uses when the proposed use is single-family detached residential and the Zoning and Future Land Use are both residential. The lot upon which the singlefamily detached residential is proposed must be a Lot of Record, or a lot created prior to July 1, 1991 through a plat or lot split as recognized by Orange County. Any development of such properties shall meet the minimum site and building requirements of the existing zoning district, except for substandard Lots of Record. Subsequent requests for expansions and changes in the permitted uses on the property must conform to this policy. Requests not conforming to this policy shall be subject to a rezoning, special exception, or FLUM amendment. (Added 6/12, Ord. 2012-14; Amended 6/14, Ord. 2014-12; Amended 11/20, Ord. 2020-25)
FLU8.2.5.2 If a proposed use is subject to a special exception and has inconsistent zoning and future land use map (FLUM) designations, a rezoning may not be required before applying for a special exception, provided each of the following criteria is met: 1) The proposed use is permitted only through the special exception process; and 2) The zoning district required to correct the inconsistency between the FLUM and zoning designations also requires a special exception for the same use. Any development of such properties shall meet the minimum site and building requirements of the existing zoning district. Subsequent requests for expansions and changes in the permitted uses on the property must conform to this policy. Requests not conforming to this policy shall be subject to a rezoning, special exception, or FLUM amendment. (Added 6/12, Ord. 2012-14)