Replacement of Destroyed Nonconforming Structures in Kissimmee
In the City of Kissimmee, a nonconforming structure is considered "destroyed" if it sustains damage from any source that exceeds 50 percent of its appraised value. Once this 50 percent threshold is met or exceeded, the structure cannot be legally rebuilt except in full compliance with all current City of Kissimmee Land Development Code (LDC) requirements. If the structure is utilized for a nonconforming use and is destroyed, that use must terminate immediately and cannot be re-established.
Standards for Rebuilding and Replacement
The City of Kissimmee Land Development Code establishes strict thresholds for when a structure loses its protected nonconforming status due to damage. The primary factor is the "cost of repair or replacement" compared to the structure's "appraised value" prior to the damage.
Destruction Thresholds and Requirements
| Condition | Damage Threshold | Rebuilding Requirement |
|---|---|---|
| Nonconforming Structure | Cost of repair > 50% of appraised value | Must comply with all current City of Kissimmee LDC requirements |
| Structure with Nonconforming Use | Cost of repair > 50% of appraised value | Use terminates immediately; cannot be re-established |
| Unsafe Structure | Declared unsafe by Director or Fire Dept. | Must meet all LDC requirements to be restored to a safe condition |
| Substantial Redevelopment | Meets "substantial improvement" definition | Entire site must be brought into compliance with the LDC |
Rebuilding Nonconforming Structures
According to the City of Kissimmee Land Development Code, a nonconforming structure that has been "destroyed" may not be rebuilt as a nonconformity [Section 14-1-9]. The LDC defines "destroyed" as damage by any means to such an extent that the cost of repair or replacement exceeds 50 percent of the appraised value of the structure before the damage occurred [Section 14-1-9].
Furthermore, if a structure is declared unsafe by the City of Kissimmee Director or the fire department, it may only be restored if the work allows the structure to meet all current requirements of the Land Development Code [Section 14-1-9].
Impact on Nonconforming Uses
When a structure used for a nonconforming use is destroyed (exceeding the 50 percent damage threshold), the impact is more severe than a simple structural nonconformity. In these instances, the City of Kissimmee mandates that the nonconforming use must terminate immediately [Section 14-1-12]. The use is not permitted to be re-established in any rebuilt structure.
Special Exceptions for Residential Dwellings
The City of Kissimmee provides a specific exception for houses located in non-residential districts. Single-family dwelling units and their accessory structures located in an Agriculture and Conservation (AC) District or any other non-residential district are permitted to be repaired, altered, or rebuilt after damage [Section 14-1-12]. However, these units must meet the requirements of the least restrictive single-family residential district in Kissimmee to be legally reconstructed [Section 14-1-12].
Reconstruction Following Eminent Domain
For properties involved in eminent domain proceedings or negotiations, Kissimmee allows for certain reconstruction rights. If nonconforming improvements on a remainder parcel are partially or totally destroyed by natural forces or "acts of God" after the date of a declaration of taking, they may be reconstructed to their previous (post-taking) condition regarding setback, size, and height [Section 14-1-13].
Sections Cited
- Section 14-1-9, Nonconforming structures
- Section 14-1-12, Nonconforming uses
- Section 14-1-13, Properties affected by eminent domain proceedings
- Section 14-2, Terms Defined (Substantial damage)