Land Development Regulations and Applications
The Town of Orchid has comprehensive land development regulations, which include zoning. The purpose of these regulations is to ensure development within the Town is harmonious and consistent within each land use district as well as the general area. Preserving the Town's environmental quality and natural character is of the utmost importance. The land development regulations implement the goals, objectives, and policies of the Town's Comprehensive Plan .
To assist and guide future developers and current property owners with adherence to local regulations, the Town has several application and permit processes.
Zoning
Any development in the Town must be compatible with the zoning in which the development is or is to be located. Chapter 86 of the Code of Ordinances provides information about permitted, conditional and prohibited uses, as well as important details such as minimum setbacks, maximum building coverage, maximum height, etc. A copy of the zoning map for the Town is available upon request from the Town Clerk at (772) 581-2770 ext. 2 or townclerk@townoforchid.com.
Conditional Use
The conditional use procedure is intended to protect the integrity and character of the residential, commercial and conservation areas of the Town consistent with the Comprehensive Plan. The procedures established in Chapter 54 of the Code of Ordinances are intended to ensure that a careful examination and findings of fact are made by the Town.
Site Plan
The construction or expansion of any structure shall be subject to the provisions of the land development regulations including a site plan application. The only exemption to the requirements of a site plan are single-family residences. Chapter 78 of the Code of Ordinances provides a detailed description of the site plan application and approval process. Depending on the site plan, it may touch on many different parts of the Code, including the Chapters on zoning, landscaping and buffers, off-street parking, signs, etc. It's important to continually maintain all approved elements of an approved site plan, including landscaping, appearance and other site development features; to make changes without seeking fresh approval first is a violation of local regulations.
Minor Modification of an Approved Site Plan
In some cases, a minor modification approval can be applied for if changes to an existing and approved site plan fall into specified categories. Chapter 78 of the Code of Ordinances includes the full list of site plan changes that can be applied for under the simplified process of a minor modification. A couple of examples include parking lot reconfiguration or the addition of parking spaces not to exceed 25 percent of the total number of existing spaces may be applied for as a minor modification, as may be upgrading of the original landscape plan.
Variance
The Town Council has the power to hold public hearings to authorize variances from the terms of the Zoning Chapter of the Code of Ordinances. Applications for variances must not be contrary to the public interest and may only be granted when, owing to special conditions, a literal enforcement of the zoning provisions would result in unnecessary and undue hardship. Importantly, a variance cannot be granted for the actual zoning districts, meaning you cannot get a variance to build residential uses in the commercial zoning district. That would require an application to rezone.
Land Clearing and Tree Removal
Chapter 64 of the Code of Ordinances regards matters of both land clearing and tree removal. Land clearing takes place solely on vacant property, while tree removal may take place on vacant or developed land. There are exemptions to the requirements to obtain a permit application for either activity.
Code or Comprehensive Plan Amendment
If you desire a change to the Code of Ordinances or Comprehensive Plan of the Town of Orchid, you can submit an application with your proposed amendments for consideration by the Town Council. Please note that there are different processes for each of these. For instance, a Charter amendment requires a majority vote of the residents in favor of the amendment, while a Comprehensive Plan amendment requires approval by various Florida State Departments.
Expedited Processing Pursuant to State Law
Pursuant to Section 553.792 Florida Statutes, the Town of Orchid will expedite the processing of development applications required by law to be expedited. At the time of application, to ensure expedited processing, the applicant must advise the Town’s Building Department that the application regards a type that must be expedited by law. The applicant must cite the statutory reference under which an expedited processing timeline is required.
Such applications shall be marked “EXPEDITED” by the Town and be given priority over other applications in regard to plan review, consideration for approval/denial, and inspection.
Affordable Housing
The Town of Orchid does not hold fee simple title to any real property within its boundaries and for that reason has no property on its inventory list that is appropriate for affordable housing. Notice is provided on this website pursuant to Section 166.0451(1), Florida Statutes, which requires that each municipality triennially prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title which is appropriate for use as affordable housing. A public hearing was held on November 14, 2023 regarding this subject. (This notice complies with Resolution No. 2023-13.)
Application Fees
The Town Council has established by resolution a fee schedule pertaining to land development activities. Fee information is available upon request.
Application Forms
Upon request, the Town Clerk can provide you with application forms for the following land development and maintenance procedures:
- Conditional Use Application
- Site Plan Application
- Minor Modification Application
- Variance Application
- Land Clearing and Tree Removal Application
- Rezoning application
- Code Amendment Application
- Comprehensive Plan Amendment Application
Please contact Town Staff if you need assistance with any project not listed on this page.
