Impact of the HPO: Historic Preservation Overlay District on Zoning Standards in the City of Kissimmee

The HPO: Historic Preservation Overlay District in the City of Kissimmee modifies base zoning by requiring a Certificate of Appropriateness (COA) for all exterior alterations and superseding base bulk and dimensional standards whenever a conflict occurs. Specific overlay design standards adopted for a district prevail over both standard zoning regulations and Form-Based Code requirements regarding structure scale, massing, materials, and even exterior paint colors [Section 14-3-35.G, Section 14-4-6.B].

Hierarchy and Supersedence of Standards

The HPO: Historic Preservation Overlay District acts as a secondary layer of regulation that takes precedence over the underlying base zoning district. In the City of Kissimmee, if a property is located within an HPO, the specific standards adopted for that historic district or landmark must be followed even if they are more restrictive than the standard residential or non-residential requirements [Section 14-4-6.B].

Regulatory Hierarchy in the City of Kissimmee

Regulation Type	Impact on HPO: Historic Preservation Overlay District
Bulk/Dimensional Standards	Overlay District regulations regarding bulk and dimensions supersede the requirements of standard site tables (Tables 4-3, 4-4, and 4-5) [Section 14-4-6.B].
Form-Based Code (FBC)	Wherever HPO design standards conflict with FBC standards, the HPO standards prevail [Section 14-3-35.G].
Administrative Variances	The Director may grant administrative variances of up to 10% for certain LDC provisions in connection with HPO properties [Section 14-3-37.E].

Procedural Modifications: The Certificate of Appropriateness (COA)

The most significant modification to base zoning is the requirement for a Certificate of Appropriateness. Within an HPO: Historic Preservation Overlay District, no new or existing structure—including accessory structures—may be constructed, altered, demolished, restored, or relocated without an approved COA [Section 14-3-37.A].

Scope of "Alteration"

Under base zoning, many minor changes do not require a permit. However, within the HPO: Historic Preservation Overlay District, "alteration" is broadly defined to include changes to:

Exterior architectural features.
Ornamentation, such as shutters, fences, railings, porches, and balconies.
Exterior paint color (if paint color is specifically included in the design standards for that particular HPO district) [Section 14-2: Terms Defined].

Aesthetic and Design Modifications

The HPO: Historic Preservation Overlay District allows the City of Kissimmee to regulate aesthetic elements that are typically unregulated in base districts. The ordinance establishing a specific HPO district provides standards that reflect its unique historical characteristics.

Regulated Design Elements

The HPO standards may modify or add requirements for:

Scale and Massing: Controlling the overall volume and height of structures to ensure they fit the historic context [Section 14-3-35.G].
Positioning and Orientation: Modifying how a building sits on a lot relative to the street or neighboring historic structures [Section 14-3-35.G].
Materials: Specifying or prohibiting certain materials (e.g., prohibiting vinyl siding or requiring specific types of masonry) [Section 14-3-35.G].
Openings: Regulating the shape, size, and style of doors and windows [Section 14-3-35.G].

Performance and Maintenance Modifications

Properties in the HPO: Historic Preservation Overlay District are subject to "Required Maintenance and Repair" standards that exceed the City of Kissimmee’s standard property maintenance codes. Owners are prohibited from allowing a structure to fall into a state of disrepair that results in the deterioration of exterior appurtenances or architectural features [Section 14-3-35.I].

Prohibited Disrepair Conditions

Owners must prevent the deterioration of:

Exterior walls and vertical supports.
Roofs and horizontal members.
Exterior chimneys and finish materials (stucco, brick, mortar).
Water-proofing elements, including windows and doors [Section 14-3-35.I].

Demolition and Relocation Restrictions

While base zoning often allows for the demolition of structures following a standard permit process, the HPO: Historic Preservation Overlay District adds rigorous hurdles. A COA is required for demolition or relocation, and even if approved, the City of Kissimmee may impose a mandatory waiting period of 180 days before the action can be taken [Section 14-3-37.H]. This period allows the City to work with the owner to find alternative means of preserving the structure [Section 14-3-37.H.4].

Sections Cited

Section 14-2: Terms Defined
Section 14-3-35: Designation of historic districts
Section 14-3-37: Certificate of appropriateness
Section 14-4-6: Regulations for zoning districts
Section 14-4-7: Overlay districts
Section 14-5-3: Special requirements plan