Business and Legal Insights

Orange County (the “County”) proposed a Temporary Suspension Ordinance (the “Ordinance”) which would defer decisions on development applications within the County’s unincorporated areas.

On Tuesday, May 21, 2024, beginning at 2:00 P.M., the Orange County Board of County Commissioners (the “BCC”) will conduct a public hearing to consider the Ordinance. The Ordinance imposes a temporary suspension of up to six (6) months on the review and processing of, some, but not all, applications for development projects within unincorporated areas of the County, during which the County will not process Comprehensive Plan text and map Amendments, Rezonings, and Special Exceptions. During this suspension, the County will not accept any applications for any of the land development approvals as described in the Ordinance.

The Ordinance was proposed in anticipation of the County’s new land development code: The Orange Code, which will replace the County’s existing zoning districts with new Transect Zones, and the Vision 2050 Comprehensive Plan, which will dictate land use types and future growth plans. The County projects to adopt the Orange Code and the Vision 2050 Comprehensive Plan this upcoming September, 2024 (with timelines being subject to change).

The BCC reasons that a temporary suspension on certain development processes within the County will give County staff time to inspect, analyze, and draft the necessary provisions to complete updates to the Orange Code and Vision 2050 Comprehensive Plan and ensure consistency of any new development applications with the Orange Code and Vision 2050 Comprehensive Plan. The Ordinance is slated to come before the BCC on May 21, 2024, with a proposed effective date of May 28, 2024, if approved. The Ordinance will apply to all new development applications submitted on or after the effective date of the Ordinance, other than development applications in exception areas that end up being listed in the Ordinance. Existing development applications submitted prior to the effective date of the Ordinance will likely remain unaffected. Planning staff are still finalizing the language, including exceptions, to the Ordinance.

The temporary suspension will not affect existing businesses operating pursuant to valid permits and approvals. Likewise, development approvals in the following master planned communities are exempt from the Ordinance:

1. Horizon West
2. Lake Pickett
3. Avalon Park
4. Innovation Way, and
5. International Drive District.

Applications in these areas will continue to be reviewed and processed.

The complete text of the Ordinance is located at the following link.