Discontinuance and Abandonment of Nonconforming Uses in Kissimmee

Under the City of Kissimmee Land Development Code, a nonconforming use that has not been in operation for a period of 12 consecutive months is considered discontinued and loses its legal status. Once this 12-month threshold is reached, the nonconforming use may not be re-established, and any future use of the property must fully comply with the current regulations of the City of Kissimmee. Exceptions to this rule are granted only if the vacancy was caused by impeded access resulting from government actions, such as municipal road construction [Section 14-1-12.E].

General Standards for Nonconforming Uses

The City of Kissimmee defines legal nonconformities as structures, lots, or uses that were lawful before the current Land Development Code was passed or amended but now violate its provisions [Section 14-1-7.A]. While the City of Kissimmee allows these uses to continue under restricted circumstances, the general intent of the Kissimmee Land Development Code is the gradual elimination of such nonconformities [Section 14-1-8].

Termination through Discontinuance

The primary method by which a nonconforming use loses its legal status is through a lack of operation. The City of Kissimmee strictly enforces a 12-month window for inactivity.

Termination Event	Threshold/Condition
Period of Discontinuance	12 consecutive months of non-operation [Section 14-1-12.E]
Structural Damage/Destruction	Damage exceeding 50% of the appraised value of the structures [Section 14-1-12.C]
Maintenance and Repair Limit	Cost of repair under any one permit cannot exceed 10% of appraised value [Section 14-1-12.B.4]

Government Interference Exception

The City of Kissimmee provides a specific protection for property owners whose business operations are interrupted by public works. If a nonconforming use is forced to cease operations because the City of Kissimmee or another government entity has blocked access to the property (for example, during major road improvements in front of the building), that period of time is not counted toward the 12-month discontinuance limit [Section 14-1-12.E].

Termination through Damage or Destruction

Legal status is also lost immediately if the structure housing the nonconforming use is significantly damaged. If a structure utilized by a nonconforming use is destroyed by any means to an extent where the cost of repair or replacement exceeds 50% of the appraised value of the structures, the nonconforming use terminates immediately and cannot be re-established [Section 14-1-12.C].

Maintenance and Alteration Restrictions

To ensure that nonconforming uses do not expand or become more permanent, the City of Kissimmee limits the ability of owners to improve the property:

Expansion: The City of Kissimmee prohibits any expansion or intensification of a nonconforming use [Section 14-1-12.A].
Maintenance Costs: Owners may perform maintenance and repairs on structures utilized by nonconforming uses, provided the cost of such work under any single permit does not exceed 10% of the appraised value of the structures [Section 14-1-12.B.4].
Safety Requirements: If a structure is declared unsafe by the City of Kissimmee Building Official or Fire Department, it can only be restored to a safe condition if it meets all current requirements of the Kissimmee Land Development Code [Section 14-1-12.D].

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