Zoning Variance and Modification Process in the City of Kissimmee
To obtain a zoning variance in the City of Kissimmee, an applicant must generally submit a formal request to the Kissimmee Development Services Department for review by the Board of Adjustment. The request must demonstrate that a unique hardship exists, and any approved variance is valid for a period of 12 months from the date of approval. The City of Kissimmee prohibits the granting of "use variances" that would allow a land use not otherwise permitted in a specific zoning district.
Modification of Standards vs. Variances
The City of Kissimmee distinguishes between minor "modifications" and full "variances" based on the percentage of the deviation requested from the Land Development Code standards. Minor deviations are handled administratively or by the Development Review Committee (DRC), while larger deviations require the Board of Adjustment (BOA) variance process [Section 14-3-50].
| Authority | Degree of Dimensional Modification |
|---|---|
| Director of Development Services | Up to 10% |
| Development Review Committee (DRC) | 10% to 30% |
| Board of Adjustment (BOA) | Greater than 30% (Variance) |
The Board of Adjustment (BOA) Variance Process
The Kissimmee Board of Adjustment has the authority to grant relief from the strict application of the Land Development Code when it would result in unnecessary hardship [Section 14-3-51.A].
1. Pre-Application Meeting
Before filing, the City of Kissimmee encourages or requires applicants to attend a pre-application meeting with staff to discuss the development review process and code requirements [Section 14-3-17].
2. Application Submittal
The applicant must submit the required forms to the Kissimmee Development Services Department, including:
- A statement explaining how the request meets the established review criteria.
- A map illustrating the request and the unique building or site characteristics.
- Payment of the application fee as prescribed by the City of Kissimmee fee schedule [Section 14-3-51.B].
3. Public Hearing and Decision
The City of Kissimmee requires a public hearing for all variance requests. The Board of Adjustment will vote to approve, approve with conditions, or deny the application based on evidence presented. If an application is denied, the City of Kissimmee prohibits a repeat application for the same request for one year [Section 14-3-51.D].
Criteria for Approval of a Variance
To grant a variance, the Kissimmee Board of Adjustment must find that the request meets all of the following criteria [Section 14-3-51.E]:
- Reasonable Use: Circumstances exist that prevent the reasonable use of the land or structure under the strict terms of the code.
- Unique Conditions: The hardship is peculiar to the specific property and not a general condition of the neighborhood.
- Not Self-Created: The hardship does not result from the actions of the applicant.
- Minimum Variance: The request is the minimum deviation necessary to allow reasonable use of the property.
- No Detriments: The variance will not be injurious to the public welfare or adjacent properties.
- No Use Variances: The variance cannot allow a use that is prohibited in the zoning district.
Subdivision Variances
If a variance is needed specifically for standards related to Chapter 14-10 (Subdivisions, Site Design and Public Required Improvements), the authority shifts from the Board of Adjustment to the Kissimmee City Commission. These requests follow a similar public hearing process but are evaluated based on the criteria found in Section 14-3-52.
Administrative Variances for Signage
For signage standards, the City of Kissimmee provides an administrative variance process. The Director of Development Services (or a designee) may grant variances from criteria in Sections 14-11-3 through 14-11-7. These requests are reviewed by the Architectural Review Committee (ARC), which provides a recommendation to the Director [Section 14-11-3.E].
Time Limits and Expirations
In the City of Kissimmee, an approved variance is effective for 12 months. During this time, the applicant must obtain a building permit or final plat approval. If the 12-month period expires without action, the variance becomes void. A one-time extension of up to nine months may be requested from the Board of Adjustment for good cause [Section 14-3-51.F].
Sections Cited
- Section 14-3-17 - Pre-application meeting.
- Section 14-3-20 - Public hearings.
- Section 14-3-50 - Modification of standards and lot size waivers.
- Section 14-3-51 - Board of adjustment variances.
- Section 14-3-52 - Subdivision variances.
- Section 14-11-3.E - Administrative variance (Signs).