Guide to Conditional Use Permits in Kissimmee
In the City of Kissimmee, a Conditional Use is defined as a land use that is not generally appropriate without restriction but may be permitted if specific controls are applied to ensure it does not adversely affect public health, safety, or welfare. The application process requires a public hearing before the City of Kissimmee Planning Advisory Board, which serves as the final approving authority, and the permit remains valid for 12 months unless a building permit or business tax receipt is issued [Section 14-2; Section 14-3-29].
Understanding Conditional Uses
The City of Kissimmee Land Development Code (LDC) establishes specific zoning districts where certain uses are permitted by right, while others are classified as "Conditional." These uses require individual consideration relative to adjacent properties to ensure compatibility with the surrounding area [Section 14-3-29].
When a Conditional Use Permit is Required
A permit is mandatory for any new use identified as "Conditional" in the City of Kissimmee Schedule of Uses (Table 4-1 and Table 4-2). Additionally, a new approval is required for existing conditional uses under the following circumstances:
| Condition for New Approval | Threshold/Requirement |
|---|---|
| Building Expansion | Gross floor area increases by 50% or more, OR more than 1,500 square feet |
| Parking Area Increase | Addition of six or more parking spaces |
| Communication Towers | Rebuilding or increasing the height of the tower |
| Outdoor Area Expansion | Increase in square footage of outdoor area (excluding standard business activities) |
| Original Conditions | If explicitly required by the original conditions of approval |
[Section 14-3-29.B]
Application and Submittal Requirements
Applicants must submit a formal request to the City of Kissimmee Development Services Department. While the Director may waive certain requirements if the use is limited to the interior of an existing building with no special buffers required, most applications require a full site plan [Section 14-3-29.C].
Submittal Materials
- Site Plan: Must meet all requirements of Section 14-3-31.C.
- Alternative Submittal (if waiver granted): A sketch plan showing building locations, internal traffic circulation, ingress/egress, and existing/proposed landscaping.
- Elevations: Drawings or photographs of existing buildings and heights.
- Operational Data: A description of the use, including hours of operation.
- Findings: A set of findings or reasons justifying why the City of Kissimmee should approve the request [Section 14-3-29.C].
Review and Approval Process
The City of Kissimmee utilizes a multi-tiered review process for Conditional Use Permits to ensure all technical and community standards are met.
| Authority | Role in Conditional Use Process |
|---|---|
| Development Review Committee (DRC) | Technical review and recommendation to the Planning Advisory Board |
| Planning Advisory Board (PAB) | Conducts public hearing and acts as the Final Approving Authority |
| City Commission | Final action only if the PAB decision is appealed or "called up" |
[Section 14-3-16; Section 14-3-29.D]
Steps to Approval
- DRC Review: The Development Review Committee reviews the technical aspects of the application and prepares a report [Section 14-3-3].
- PAB Public Hearing: City of Kissimmee staff presents the application at a noticed public hearing. The Planning Advisory Board votes to approve, approve with conditions, or deny the request [Section 14-3-29.D.2].
- Finality of Decision: The PAB decision becomes final after 10 calendar days unless a City Commissioner, PAB member, city employee, or the applicant appeals the decision to the City Commission [Section 14-3-29.D.3].
Review Criteria and Conditions
The City of Kissimmee evaluates every Conditional Use application against six primary criteria:
- Adequate Space: Sufficiency of space for yards, buffers, and loading areas.
- Suitable Layout: Appropriateness of the placement of buildings and facilities.
- Compatibility: Impact on the character of the surrounding area (e.g., noise, lighting, odors).
- Historical Impact: Effects on known historical or archaeological resources.
- Public Facility Impacts: Impact on transportation, utilities, drainage, and recreation.
- Code Consistency: Alignment with the City of Kissimmee Comprehensive Plan [Section 14-3-29.F].
The City of Kissimmee may impose various conditions upon approval, such as limiting hours of operation, requiring specific landscape berms or screening, designating maximum building heights, and requiring light shielding to prevent spillover into adjacent residential properties [Section 14-3-29.G].
Permit Duration and Reapplication
Approved Conditional Use Permits are effective for 12 months. If a building permit or business tax receipt (BTR) is not issued within this timeframe, the permit expires. The City of Kissimmee City Manager may grant a one-time extension of up to three months for good cause, and the City Commission may grant further extensions of up to nine months [Section 14-3-29.H].
If an application is denied, the City of Kissimmee prohibits the submission of a new application for the same use on that site for one calendar year from the date of denial [Section 14-3-29.E].
Sections Cited
- 14-2 (Definitions)
- 14-3-1 (Planning advisory board)
- 14-3-3 (Development review committee)
- 14-3-16 (Level of review required)
- 14-3-29 (Conditional uses)
- 14-4-5 (Schedule of uses for standard zoning districts)
- 14-3-31 (Site plan review)