§ 65.272. Mandatory Platting for Building Permit.

Except as provided herein and in Section 65.411, City Code, no application for a Building Permit for the construction of a principal building or substantial enlargement or improvement thereto shall be approved unless the principal building or substantial enlargement or improvement is located on a single, whole platted parcel or an assemblage of whole platted parcels, created by a plat that has been approved by the City Council and recorded in the official records of Orange County prior to the issuance of the Building Permit.

In the case of a minor plat, as defined in Sections 65.420-421, City Code, an applicant may request, through the City Planning Director or his/her designee, the City's issuance of a Building Permit prior to recording the minor plat in the Official Records of Orange County. Issuance of the Building Permit prior to recording the minor plat may only occur under the following conditions:

The proposed plat has been preliminarily reviewed by the City's Technical Review Committee.

Full execution of a Hold Harmless Agreement in a form approved by the City Attorney's Office. The Agreement must be signed by the applicant for the Building Permit, the fee simple owner of the property which is the subject of the Building Permit, and the City. The City Planning Director, or his designee, is hereby delegated the authority to approve and execute Hold Harmless Agreements in compliance with the terms of this subsection, subject to approval of the City Attorney's Office. Hold Harmless Agreements shall include the following general provisions:

•• A statement releasing, indemnifying and holding the City harmless, against all liability, arising, directly or indirectly, from (i) the City's issuance of the Building Permit, (ii) the City's refusal to issue a Certificate of Occupancy because the plat has not been recorded or (iii) the Hold Harmless Agreement.

•• An acknowledgment that it is the responsibility of the owner/applicant to ensure completion of the platting process.

•• An acknowledgment that no Certificate of Occupancy will be requested or issued until the final plat has been recorded in the Official Records of Orange County, Florida and a statement assuming that risk.

•• An acknowledgment that the City of Orlando has not made any representations whatsoever regarding finalizing and recording the plat.

No Certificate of Occupancy will be issued for any portion of the development under the Building Permit prior to recording of the final plat in the Public Records of Orange County.

The project and the proposed plat must be consistent with all City of Orlando Land Development Code regulations and all other requirements of City Code and state and federal law.

To ensure completion of the platting process, the applicant shall submit a cashier's check payable to the City of Orlando, based on the following schedule:

Amount of Security	Project Value
$1,000	Less than $100,000
$2,500	$100,000 to $500,000
$5,000	$500,001 to $1,000,000
$10,000	over $1,000,000

 

The cashier's check must be submitted with the Hold Harmless Agreement. The funds from the cashier's check will be returned, in full, to the applicant/owner upon recordation of the plat. If the applicant/owner fails to complete the platting process and record the plat or if the applicant/owner abandons the project, City may utilize the submitted funds to effect completion of the platting process. The City may also utilize the submitted funds to satisfy the applicant's/owner's obligations to the City under the Hold Harmless Agreement and, if necessary, to secure the property.

Exception for One Family Dwelling. If the application is for a one family dwelling in an R-1, R-1A, R-1AA, R-2A or R-2B residential district on a Lot of Record in Orange County, Florida prior to February 4, 1959, then a Building Permit may be issued without platting.

Exception for a Previously-Developed Single Parcel. If the application is for the redevelopment or reuse of a single existing unplatted parcel that is or was previously developed with a principal building or structure, and the application will not require the aggregation of such parcel with other platted or unplatted lot(s) or parcel(s) to form a larger development site, then the standards in the paragraph below entitled "Replatting Requirements" shall be applied to the extent possible by comparing the existing unplatted parcel to the Boundary Survey to determine whether a plat will be required prior to the issuance of a Building Permit.

Exception for Substantial Improvement. If the application is for a substantial improvement, as that term is defined under City Code, and there is no change to the parking area or an addition to the building's square footage, then a building permit may be issued without platting or replatting.

Exception for Change of Use. If the application constitutes a change of use of an existing building(s), then a building permit may be issued without platting or replatting.

Replatting Requirements. Unless exempted above, no application for a Building Permit for the construction of a principal building, or substantial enlargement or improvement thereto, shall be approved on property where the existing and underlying plat is inconsistent with the current location of the property lines, and/or the adjacent or internal rights-of-way and easements. The following standards shall be applied by the City Surveyor or his/her designee in consultation with City staff, when determining whether a property requires replatting prior to the issuance of a Building Permit:

(a)

Condition of the Existing Plat — The existing plat is consistent with a current boundary survey of the property by evaluating the age, accuracy, and details of the existing plat.

(b)

Site Design Elements — The proposed open space, buffer yards and location of proposed buildings and parking facilities, as well as the magnitude of the proposed development, are compatible with the existing plat and the actual physical conditions of the site.

(c)

Inconsistencies of the Existing Plat — The existing plat does not contain omissions or inconsistencies with the current use or condition of the property, including, but not limited to, abandoned easements, rights-of-way, changes in water bodies, or changes of adjacent property lines, or the existing plat lacks definition and location of boundaries and encumbrances that effect the use of the property. This standard may be satisfied by separate instruments, including the establishment of necessary easements, subject to the review and approval of the City Attorney's Office as to form and legal sufficiency. Easements must be submitted with a current title opinion and the consent of any mortgagees.

(d)

Condition of the Parcel — The parcel being developed is shown on a recorded subdivision plat whose interior lots are fully annotated with direction, distance, and curve data sufficient so that a geometric closure can be computed for each lot.

Binding Lot Agreement. If the plat is satisfactory as described in this section, the Planning Official may direct the property owner to enter into a Binding Lot Agreement pursuant to section 65.411 herein in lieu of replatting the property.

Appeals. The decision to require replatting of certain property may be appealed by filing a written Notice of Administrative Appeal with the City Surveyor or his/her designee within ten (10) days of the written decision. The City Surveyor shall, within thirty (30) days of receipt of the Notice, provide a written determination to the applicant via first class U.S. mail regarding whether the decision was undertaken in accordance with City Code, City Policies and Procedures, and other applicable law. The applicant may appeal the City Surveyor's determination to the City's Public Works Director, (PWD), or his/her designee, by filing a written request with the PWD within thirty (30) days of the issuance of the City Surveyor's determination. The PWD, or his designee, shall, within thirty (30) days of the receipt of the request, provide a written determination to the applicant via first class U.S. mail regarding whether the subject action was undertaken in accordance with City Code, City Policies and Procedures, and other applicable law. The PWD's determination shall be considered final agency action.

(Ord. of 9-16-1991, Doc. #25102; Ord. No. 2010-31, § 3, 8-30-2010, § 3, Doc. #1008301109; Ord. No. 2013-29, § 1, 6-3-2013, Doc. #1306031202)