Setback Standards for the HC: Highway Commercial District in Kissimmee
In the City of Kissimmee, the HC: Highway Commercial District requires a minimum front setback of 35 feet and a minimum street side setback of 25 feet. Side and rear setbacks for properties within the HC: Highway Commercial District are established at 15 feet, though these distances are subject to a 1:1 height-to-setback ratio when the development abuts a single-family residential zoning district.
Standard Setback Requirements
The HC: Highway Commercial District is intended to provide for retail, office, and tourist-oriented uses along major transportation corridors. Because of the intensive nature of these areas, the lot size and yard requirements in the HC: Highway Commercial District are larger than those found in other commercial zones [Section 14-4-4.K].
The following table outlines the minimum building setbacks for the HC: Highway Commercial District in Kissimmee:
| Setback Type | Minimum Requirement |
|---|---|
| Front Setback | 35 feet |
| Side Setback (Standard) | 15 feet |
| Street Side Setback | 25 feet |
| Rear Setback | 15 feet |
[Table 4-5]
Adjacency to Residential Zoning
When a non-residential development in the HC: Highway Commercial District abuts a single-family residential zoning district (including RE, RA-1, RA-2, RA-3, RA-4, RB-1, RB-2, and MH), Kissimmee code requires increased setbacks to protect the residential character. In these instances, a setback of one foot must be provided for every foot of building height [Section 14-4-6.C].
Developers in the HC: Highway Commercial District may choose one of three options to meet this requirement:
- Option A: Apply the step-back approach to each floor above the second story.
- Option B: Apply the full increased setback to the entire façade.
- Option C: Set back all stories located above the second floor [Section 14-4-6.C].
Additionally, the first 50 feet of a rooftop closest to a single-family residential lot in Kissimmee cannot be occupied by active uses that produce noise, such as open-air restaurants or bars [Section 14-4-6.C].
Permitted Setback Encroachments
Kissimmee regulations allow certain architectural and mechanical features to project into the required setbacks of the HC: Highway Commercial District, provided they do not obstruct the sky:
- Roof Projections: May project up to three feet into any required setback.
- Balconies and Awnings: May extend up to three feet into any required setback area, provided they have no supports within the setback zone.
- Mechanical Units: Air conditioning units and pool pumps may project up to five feet into a required rear or side yard setback, provided at least two feet of the required setback remains completely unobstructed.
- Stoops and Porches: Stoops, colonnades, and open-sided porches may encroach up to ten feet into the front setback, but they must remain at least five feet from the front property line [Section 14-4-6.A.3].
Supplemental Setback Standards
For specific configurations or uses within the HC: Highway Commercial District, the following rules apply:
- Arterial/Collector Roadways: Multi-family and non-residential uses on any street classified as an arterial or collector must maintain a minimum front and street side building setback of 35 feet [Table 4-5, Footnote 6].
- Parking Area Setbacks: In the HC: Highway Commercial District, no parking area may be located within 25 feet of any residentially zoned property [Table 4-5, Footnote 7].
- Gas Stations: For gasoline service stations located in the HC: Highway Commercial District, a ground-floor shopfront must meet the required setbacks of the zone, while all pumps, parking, and service bays must be located to the side or rear of the main building [Section 14-5-8.A].
Sections Cited
- Section 14-4-4, Standard zoning districts—Intent
- Section 14-4-6, Regulations for zoning districts
- Table 4-5, Site Standards - Non-Residential Districts
- Section 14-5-8, Supplemental site and building standards