Regulations for Expanding or Modifying Nonconforming Structures in Kissimmee
In the City of Kissimmee, a nonconforming structure may be enlarged or altered provided the modification does not increase an existing nonconformity or create a new violation of the Land Development Code. If a nonconforming structure is destroyed by any means to an extent exceeding 50 percent of its appraised value, the City of Kissimmee requires that the building be rebuilt in full compliance with all current regulations. Additionally, structures housing a nonconforming use are limited to repair costs that do not exceed 10 percent of the structure's appraised value per permit.
General Restrictions on Modifications
The City of Kissimmee Land Development Code (LDC) permits the continued existence of structures that were lawful when built but no longer meet current standards, such as those for setbacks, height, or lot coverage. However, the City of Kissimmee intends to gradually eliminate these nonconformities over time [Section 14-1-8].
Property owners in the City of Kissimmee must adhere to the following modification standards:
- No Increase in Nonconformity: No structure in the City of Kissimmee shall be constructed, enlarged, or altered in any way that creates a new nonconformity or increases the extent of an existing one [Section 14-1-9.A].
- Permitted Additions: Enlargements or alterations are allowed only if they do not exacerbate the existing violation. For example, a building with an existing side-yard setback violation may be expanded toward the rear if the new construction meets all current City of Kissimmee setback requirements [Section 14-1-9.B].
- Maintenance and Repair: General maintenance and repairs are permitted as long as they do not increase the extent of the nonconformity [Section 14-1-9.C].
Summary of Technical Modification Limits
The following table outlines the thresholds for modifications and the resulting compliance requirements within the City of Kissimmee:
| Action | Technical Threshold | Compliance Requirement |
|---|---|---|
| Expansion/Enlargement | Any scale | Must not increase the existing nonconformity or create a new one [Section 14-1-9.B]. |
| Total Replacement | >50% of appraised value destroyed | Must rebuild the entire structure in full compliance with current Code [Section 14-1-9.D]. |
| Repair (Nonconforming Use) | Per individual permit | Cost must not exceed 10% of the structure's appraised value [Section 14-1-12.B.4]. |
| Unsafe Structures | Declared by Director/Fire Dept | Restoration permitted only if it meets ALL current Code requirements [Section 14-1-9.E]. |
Redevelopment and Substantial Improvement
When a property owner in the City of Kissimmee proposes a larger redevelopment project, the level of required compliance depends on whether the project constitutes a "substantial improvement."
Substantial Redevelopment
If a proposed project in the City of Kissimmee meets the definition of "substantial improvement," the entire development site must be brought into full compliance with the current City of Kissimmee Land Development Code [Section 14-1-5.A].
Non-Substantial Redevelopment
For projects not meeting the "substantial improvement" threshold, the City of Kissimmee applies more flexible standards:
- Compliance of Additions: Only the specific addition or exterior modification must comply with the current Code [Section 14-1-5.B].
- Secondary Triggers: Compliance with parking, landscaping, and screening standards is only required if the proposed modification specifically triggers a need for additional parking or screening [Section 14-1-5.B].
Exceptions to Full Compliance
During redevelopment, the City of Kissimmee allows three primary exceptions to full code compliance for existing buildings:
| Exception Category | Regulation for Existing Buildings | Regulation for New Buildings/Additions |
|---|---|---|
| Building Setback | Existing buildings are not required to be moved or expanded to meet current setbacks [Section 14-1-5.C.1]. | All new buildings must meet setbacks; additions must meet setbacks unless waived [Section 14-1-5.C.1]. |
| Floor-to-Ceiling Height | Existing buildings are not required to meet minimum floor heights [Section 14-1-5.C.2]. | Any new buildings within the redevelopment site must meet the minimum requirement [Section 14-1-5.C.2]. |
| Building Frontage | Existing buildings are not required to meet minimum frontage requirements [Section 14-1-5.C.3]. | All new buildings and additions must comply with frontage requirements [Section 14-1-5.C.3]. |
Modifications Caused by Government Action
Specific rules apply when a structure in the City of Kissimmee becomes nonconforming due to an eminent domain proceeding (such as a road widening). In these instances, the City of Kissimmee deems the resulting nonconformities as "legal and conforming" [Section 14-1-13.B].
If a structure is partially destroyed by a natural force or "act of God" after an eminent domain action, the City of Kissimmee allows it to be reconstructed to its post-taking condition (setback, size, and height), rather than requiring it to meet the new, more restrictive standards that would normally apply to a standard nonconforming structure [Section 14-1-13.B.3.b.iii].
Sections Cited
- Section 14-1-5: Redevelopment
- Section 14-1-8: General intent (Nonconformity)
- Section 14-1-9: Nonconforming structures
- Section 14-1-12: Nonconforming uses
- Section 14-1-13: Properties affected by eminent domain proceedings