Administrative Adjustments and Minor Modifications in Kissimmee
The Director of Development Services for the City of Kissimmee may grant minor modifications of up to 10% for dimensional requirements, while the Development Review Committee handles adjustments between 10% and 30%. These administrative flexibilities are strictly limited to technical standards and are prohibited for land use changes, density increases, or projects involving previously approved planned unit developments.
General Modification of Standards
The City of Kissimmee provides a tiered system for approving deviations from the Land Development Code (LDC) to allow for flexibility in situations where strict application of the code creates technical impracticalities. These modifications are evaluated independently for each request [Section 14-3-50.A].
Authority and Thresholds
The authority to grant a modification depends on the degree of the deviation requested:
| Authority | Degree of Modification | Scope |
|---|---|---|
| Director of Development Services | Up to 10% | Dimensional requirements applicable to the site. |
| Development Review Committee (DRC) | 10.1% to 30% | Dimensional requirements and non-dimensional design requirements. |
| Board of Adjustment (BOA) | Greater than 30% | Must be processed as a full variance [Section 14-3-51]. |
Prohibited Modifications
Administrative adjustments in the City of Kissimmee cannot be granted for the following [Section 14-3-50.A.4]:
- Changes to the permitted use of land.
- Increases in development density.
- Approved planned unit developments (PUDs).
- Reductions in sidewalk width that result in less than five feet of clear space.
- Reductions of a setback to less than five feet when adjacent to a single-family residential district.
Review Criteria for Modifications
To approve a modification, the reviewing authority must find that the request is consistent with the City of Kissimmee Comprehensive Plan and the LDC. The applicant must demonstrate that the modification will not have a material negative impact on adjacent uses and that the requirement is technically impractical based on site conditions [Section 14-3-50.A.5].
Administrative Lot Size Waivers
When a final plat for a minor subdivision is submitted in the City of Kissimmee, applicants may request waivers to lot area, width, and depth requirements in specific non-residential districts. These waivers are reviewed by the DRC and approved by the City Commission [Section 14-3-50.B].
Non-Residential Lot Size Waiver Limits
Lot size waivers are permitted within the following parameters, provided the lot maintains at least 30 feet of frontage at the property line:
| District(s) | Min. Lot Area (Waiver Limit) | Min. Lot Width (Waiver Limit) | Min. Lot Depth (Waiver Limit) |
|---|---|---|---|
| HC (Arterial Frontage) | 30,000 sq. ft. | 125 feet | N/A |
| B-2, B-3, HC, B-5, IB, CF, HF, UT (Collector Frontage) | 15,000 sq. ft. | 100 feet (B-2, B-3, HC, B-5, IB) | 100 feet (B-2, B-3, HC) |
| Other Lots (B-2, B-3, HC, B-5, IB, CF, HF, UT) | 12,000 sq. ft. | 80 feet | 80 feet |
Adjustments for Specific Applications
Planned Unit Development (PUD) Minor Changes
The Director may approve minor changes to an approved PUD conceptual plan in the City of Kissimmee. These changes must comply with the intent of the LDC and cannot depart from the principal concept. Examples include minor shifts in building locations or parking lot configurations that do not violate the character of the PUD. Any change that constitutes a "substantial alteration," such as a change in overall intensity or a significant shift in traffic circulation, must be referred to the City Commission [Section 14-3-28.G].
Signage Administrative Variances
The Director of Development Services has the authority to provide administrative variances from sign standards in the City of Kissimmee for criteria outlined in Section 14-11-3 through 14-11-7. The applicant must submit a written request outlining the necessity of the variance and demonstrate a hardship, such as unique site conditions that deprive the applicant of rights enjoyed by other properties in the same zoning district [Section 14-11-3.E].
Redevelopment Exceptions
For redevelopment projects in the City of Kissimmee, the Director may waive certain requirements:
- Building Setbacks: Existing buildings are not required to be moved to meet current setbacks. The Director may waive setback requirements for building additions if the existing building's characteristics make compliance undesirable [Section 14-1-5.C.1].
- Non-substantial Redevelopment: If a project does not meet the definition of "substantial improvement," parking, landscaping, and screening standards are only triggered if the modifications necessitate additional parking or screening [Section 14-1-5.B].
Parking Lot Setback Reductions
In the City of Kissimmee, the Director may reduce the required parking lot setback from a public right-of-way by a maximum of two feet if the reduction helps preserve a protected tree, accommodates a historic structure, or if the lot is smaller than 10,000 square feet [Section 14-7-23.C.1].
Sections Cited
- Section 14-1-5: Redevelopment.
- Section 14-3-28: Zoning map amendment to planned unit development.
- Section 14-3-50: Modification of standards and lot size waivers.
- Section 14-3-51: Board of adjustment variances.
- Section 14-7-23: Parking facility design standards.
- Section 14-11-3: General provisions [Signs].