The Space Is Right. Is the Zoning?
Liam McDonnell | October, 2026
Tenants in Central Florida have more choices than they did a year ago. Orlando’s industrial vacancy rate reached 10.2% in Q2 2026, up from 9.6% a year earlier, and another 2.9 million square feet is under construction.¹ More options give tenants more leverage. They also give tenants more chances to lease a building where their business isn’t allowed to operate.
Most tenants assume someone else has already checked the zoning. Often, no one has.
Why Zoning Belongs at the Front of the Search
Most commercial leases put the job of confirming permitted use on the tenant. A landlord can lease you a space without promising that your business is allowed there. And if a similar business used the suite before you, that doesn’t mean yours will qualify.² The previous tenant may have been grandfathered in as a nonconforming use, or the city or county may classify your business differently.
The details matter more than the district name. A “light industrial” district might allow warehousing but require a special exception for outdoor storage. A retail center might allow a restaurant but not have enough parking for one. Medical, fitness and assembly uses can trigger a change-of-use review, which can bring fire, accessibility and building code upgrades with it. Recorded deed restrictions and other tenants’ exclusive-use clauses can also block a use even when zoning allows it.²
Orange County’s Rules Are in Motion
In Central Florida, the rules themselves are also changing. In June 2025, Orange County commissioners adopted Vision 2050, a new comprehensive plan, along with the Orange Code, a new zoning framework. It was the county’s first new comprehensive plan since 1991 and its first code overhaul since 1957.³ The new approach moves away from zoning by land use and toward form-based standards, which focus on building design and walkable, mixed-use areas.⁴
State law has made the rollout harder. Florida’s Department of Commerce declared the plan “null and void” under SB 180, a state law that limits new local planning restrictions until at least October 2027. On September 29, 2026, commissioners voted 5-2 to readopt Vision 2050 with an opt-out provision. If the state approves, the plan takes effect December 21, 2026. Until October 1, 2027, applicants in unincorporated Orange County can choose to proceed under the older Destination 2030 plan instead.⁵
For a tenant signing a five- or ten-year lease, this means the rules governing your site could change during your term. An expansion, a new use or a renewal could be reviewed under different standards than the ones in place when you moved in.
What This Means for Tenants
Rents are moving too. Orlando industrial asking rents at $10.29 per square foot are up from $9.17 a year ago.¹ Paying more for a space you can’t fully use is one of the most expensive mistakes a tenant can make. A few steps can prevent it:
- Confirm the permitted use with the local planning department before signing the letter of intent (LOI), not after.
- Share your full business plan, including future service lines, so the review covers where your business is headed.
- Negotiate a zoning contingency and landlord cooperation on permits into the lease.
- Settle who pays if a change of use triggers code upgrades.
The Takeaway
Even the best lease terms don’t help if your use isn’t approved. Make zoning a first-step screen in every site search, and build flexibility into the lease while the rules are still changing.
Start With the Right Questions
FCPG’s tenant representation team helps businesses across Central Florida check sites for use, cost and long-term fit before they commit. If you’re planning a move or expansion, connect with our brokerage team to start your search on solid ground.
Sources
1. CBRE, “Orlando Industrial Figures Q2 2026.” cbre.com/insights/figures/orlando-industrial-figures-q2-2026
2. Clark County Bar Association, “Look Before You Lease: The Critical Role of Land-Use Due Diligence in Tenant-Side Commercial Leasing.” clarkcountybar.org
3. Homes.com News, “Orange County, Florida, Passes Sweeping Building Code Reforms. But Standoff With the State Looms.” homes.com
4. Orange County Government Newsroom, “Planning for the Future with Vision 2050,” January 2025. newsroom.ocfl.net
5. Central Florida Public Media, “Orange County’s Vision 2050 Will Return, This Time With an Opt-Out for Developers,” September 29, 2026. cfpublic.org