Guide to Legal Nonconforming Uses in the City of Kissimmee
A legal nonconforming use in the City of Kissimmee may continue indefinitely provided it is not expanded, intensified, or abandoned for a period of 12 consecutive months. If a structure housing a nonconforming use is destroyed by any means to an extent exceeding 50 percent of its appraised value, the nonconforming use must terminate immediately and cannot be re-established.
Definition and General Intent
The City of Kissimmee defines a nonconforming use as any lawfully established use that is no longer allowed as a permitted or conditional use in the zoning district where it is currently located [Section 14-2]. While the City of Kissimmee Land Development Code (LDC) recognizes that these "grandfathered" uses are incompatible with the intended purpose of their respective districts, it allows them to continue subject to specific restrictions to avoid undue hardship [Section 14-1-7].
The City of Kissimmee permits any nonconforming use, structure, or lot to be sold or changed in terms of management or tenancy without losing its legal nonconforming status [Section 14-1-8.C].
Restrictions on Use and Expansion
The City of Kissimmee strictly regulates the activity level and physical footprint of nonconforming uses to encourage their gradual elimination over time.
- Expansion and Intensification: No expansion or intensification of a nonconforming use is permitted within the City of Kissimmee. However, the installation of new equipment is allowed if it does not increase the physical size of the structure [Section 14-1-12.A].
- Changes in Use: A nonconforming use may be changed to a different nonconforming use only if the City of Kissimmee determines the new use will substantially reduce negative impacts on surrounding properties. This is evaluated based on factors such as noise, aesthetics, lighting, odors, and vibration [Section 14-1-12.B.3].
- Subdivision: Land that accommodates a nonconforming use in the City of Kissimmee cannot be subdivided unless the subdivision serves to reduce the extent of the nonconformity [Section 14-1-12.F].
Maintenance and Destruction Thresholds
Property owners in the City of Kissimmee are permitted to maintain their nonconforming structures, but significant investments or major damage will trigger a requirement to comply with current City of Kissimmee codes.
Maintenance and Damage Standards
| Action/Event | Standard/Threshold | Permission |
|---|---|---|
| Routine Maintenance & Repair | Cost per permit ≤ 10% of appraised value | Permitted if it does not increase or intensify the use [Section 14-1-12.B.4]. |
| Structural Destruction | Damage > 50% of appraised value | Use terminates immediately; must comply with all current LDC rules to rebuild [Section 14-1-12.C]. |
| Abandonment/Discontinuance | 12 consecutive months | Use cannot be re-established [Section 14-1-12.E]. |
| Unsafe Structures | Declared by Director/Fire Dept. | May be restored only if all current LDC requirements are met [Section 14-1-12.D]. |
Exceptions for Residential Properties
The City of Kissimmee provides specific leniency for residential dwellings. Any single-family dwelling units (and their accessory uses) located in an AC (Agriculture and Conservation) district or any other non-single-family district may be repaired, altered, and rebuilt. These units must meet the requirements of the least restrictive single-family district in the City of Kissimmee [Section 14-1-12.G].
Impacts of Government Action
The City of Kissimmee has established rules for when nonconformities are created by external government actions:
- Eminent Domain: If a property in the City of Kissimmee becomes nonconforming (or an existing nonconformity increases) due to eminent domain proceedings or negotiations, it is considered legal and conforming. These properties may continue to exist in their new configuration [Section 14-1-13].
- Annexation: When the City of Kissimmee annexes real property, any nonconformities existing under the previous county jurisdiction are recognized as legal and conforming by the city [Section 14-1-14].
- Access Impediment: If a nonconforming use is discontinued because government action (such as road work) impeded access to the property, the time spent during that period does not count toward the 12-month abandonment limit [Section 14-1-12.E].
Sections Cited
- Section 14-1-7 Legal nonconformities.
- Section 14-1-8 General intent.
- Section 14-1-10 Nonconforming lots.
- Section 14-1-12 Nonconforming uses.
- Section 14-1-13 Properties affected by eminent domain proceedings.
- Section 14-1-14 Annexation of nonconformities.
- Section 14-2 Terms Defined.