Enforcement and Penalties for Zoning Violations in the City of Kissimmee

If a structure or use is found to be in violation of the City of Kissimmee Land Development Code (LDC), the Director of the Development Services Department is authorized to order the immediate discontinuance of work, the removal of illegal additions or structures, and the cessation of any unlawful land use. Failure to correct these violations can result in the denial of a Certificate of Occupancy, significant administrative fines, or the classification of the offense as a misdemeanor [Section 14-3-15; Section 14-8-8].

Administrative Enforcement and Orders

The City of Kissimmee enforces the Land Development Code through the Director of the Development Services Department. When a violation is identified, the City of Kissimmee provides a formal written notification to the responsible party. This notification outlines the nature of the violation and prescribes the necessary corrective actions [Section 14-3-15].

The Director of the Development Services Department has the authority to issue several types of orders:

Discontinuance of Use: Ordering the immediate stop of any land or building use not permitted by the City of Kissimmee.
Removal of Structures: Requiring the demolition or removal of any buildings, additions, or other structures that do not comply with the Kissimmee Land Development Code.
Discontinuance of Work: Ordering a stop to any ongoing construction or site work that is being performed in violation of City standards [Section 14-3-15].

Impact on Occupancy and Permits

Building in violation of the City of Kissimmee zoning regulations prevents the legal use of the property. No building hereafter erected or structurally altered may be used or occupied until the City of Kissimmee Building Official issues a Certificate of Occupancy [Section 14-3-11].

Denial of Certificate of Occupancy: A Certificate of Occupancy will not be issued unless the building or land conforms to all requirements of the City of Kissimmee Land Development Code.
Subdivision Violations: For properties within a subdivision, the City of Kissimmee will not issue a Certificate of Occupancy if the parcel or tract was not established in accordance with applicable subdivision regulations [Section 14-3-11].
Temporary Occupancy: While a temporary Certificate of Occupancy may be issued for up to six months during alterations, it remains subject to the safety and conformity standards of the City of Kissimmee [Section 14-3-11].

Specific Penalties for Specialized Violations

Illegal Nonconformities

Any nonconformity created after the adoption or amendment of the City of Kissimmee Land Development Code is considered illegal. These "unprotected nonconformities" must be discontinued immediately upon discovery [Section 14-1-7].

Signage Violations

The City of Kissimmee Building Official may order the removal of unsafe, insecure, or unlawful signs.

Removal by Owner: If the owner fails to correct the violation within 10 days of notice, the City of Kissimmee may remove the sign at the owner's expense.
Impoundment: Removed signs are impounded for a maximum of 10 days before being discarded.
Fees: Owners may redeem impounded signs by paying all removal expenses plus a storage fee of $250.00 per sign [Section 14-11-14].

Tree and Landscaping Violations

Removing protected trees without a permit in the City of Kissimmee is a serious offense.

Criminal Penalty: Any person who cuts, trims, or removes a tree in violation of the ordinance is guilty of a misdemeanor [Section 14-8-8].
Mitigation: The Director may require the replacement of protected trees with at least four understory trees or one canopy tree for every tree removed [Section 14-8-5].

Technical Standards for Compliance

To avoid violations, all construction in the City of Kissimmee must adhere to the specific site standards of the respective zoning district. Below are examples of standards for Residential Districts:

Table: Kissimmee Residential Site Standards (Select Districts)

Standard	RA-1 (Single Family)	RA-3 (Single Family)	RB-1 (Medium Density)	RC-1 (Multiple Family)
Min. Lot Area (sq. ft.)	12,000	7,000	6,000	N/A
Min. Front Setback (ft.)	25	20	10	10
Max. Building Height (stories)	3	3	3	4
Max. Impervious Surface	50%	50%	50%	75%

[Source: Table 4-3]

Furthermore, all developments must meet the minimum parking requirements to avoid being cited for inadequate facilities.

Table: Minimum Parking Ratios in the City of Kissimmee

Use Type	Required Number of Spaces
Single family / Duplex	2 spaces per unit
Accessory dwelling unit	1 space per unit
Bed & breakfast	2 spaces per unit + 1 per guestroom
Multi-family (Efficiency/1BR)	1.5 spaces per unit + 0.5 per unit for guest parking
Retail stores	1 space per 200 sq. ft. GFA

[Source: Table 7-2]

Appeals and Legal Recourse

If a property owner is aggrieved by an enforcement decision or order made by the Director of the Development Services Department, they have the right to appeal to the City of Kissimmee Board of Adjustment (BOA).

Timeline: Appeals must be filed within 30 calendar days of the administrative decision [Section 14-3-21].
Board of Adjustment Power: The BOA may hear and decide appeals where an error is alleged in any order or determination made in the enforcement of the Code [Section 14-3-2].
Special Magistrate: Violations that are not promptly corrected or appealed are referred to the City of Kissimmee Code Enforcement Special Magistrate for further legal action [Section 14-3-5; Section 14-3-21].

Sections Cited

Section 14-1-7 - Illegal nonconformities
Section 14-3-2 - Board of adjustment
Section 14-3-5 - Code enforcement special magistrate
Section 14-3-11 - Certificate of occupancy
Section 14-3-15 - Administration and enforcement
Section 14-3-21 - Appeals
Section 14-8-5 - Tree removal permit
Section 14-8-8 - Penalty (Landscaping)
Section 14-11-14 - Removal of unsafe and unlawful signs
Table 4-3 - Site Standards - Residential Districts
Table 7-2 - Minimum Parking Ratios