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Kissimmee City Zoning Code

14-4-6

Regulations for zoning districts.

A.

General rules.

1.

Yard identification on multiple frontage lots. The yards for multiple frontage lots (including corner lots, through lots and lots with frontage on more than two streets) shall be determined based on the definitions listed in chapter 14-2. For lots/sites that have multiple frontages, the director shall make a determination based on the following criteria:

a.

In the case of corner, through or island lots, the front yard shall be the continuation of the front yard of the adjacent lots or, if there are no adjacent lots, the lots across the street.

b.

If there is no consistency of yards on the adjacent lots or across the street, the front yard shall be determined based on the function or hierarchy of the abutting streets, the lot depth requirements of the zone, and access requirements of this Code.

c.

The other sides of the lot which also face a street shall be designated "street side" yards.

d.

In the case of non-rectangular lots, the front lot lines shall be determined by the director subject to the standards set forth for rectangular lots.

2.

One building per lot. Not more than one single family, duplex or triplex structure shall be located on a lot except in an RC-1, RC-2, MHP, RPUD, SRPUD or MUPUD district.

3.

Setback encroachments. Every part of the required setback zone shall be open and unobstructed from the ground to the sky, except as hereinafter provided or as otherwise permitted in this ordinance:

a.

Roof projections may project up to three feet into a required setback.

b.

Balconies and movable awnings may extend up to three feet into any required setback area, but may not have any supports within the setback zone.

c.

Air conditioning units, pool pumps and similar mechanical units may project up to five feet into a required rear or side yard setback if at least two feet of the required yard setback is unobstructed by such mechanical units.

d.

Stoops, colonnades, and open-sided porches may encroach up to ten feet into the front setback, but in no case shall such elements be set back less than five feet from the front property line.

e.

Fences and walls provided they meet the standards of section 14-6-5.

4.

Building height. Building height shall be measured in floors/stories, unless noted otherwise in certain zoning districts.

a.

Unless specifically stated in other sections of this Code, the ground floor of commercial buildings shall measure no less than 12 feet and no more than 25 feet from finished floor to finished ceiling. Upper floors in non-residential or mixed-use buildings shall measure no less than nine feet and no more than 14 feet. A floor exceeding the maximum height shall be counted as two stories. Mezzanines extending beyond 33 percent of the floor area shall be counted as an additional story. Parking garages shall be exempt from these requirements.

b.

Parapet walls and cornices shall not extend more than four feet above the roof.

c.

Rooftop architectural features, such as church spires, belfries, cupolas, domes, chimneys and similar elements not used for human occupancy, shall not exceed 20 percent of the total height of the building or 20 feet above the top floor of the building, whichever is less.

d.

Rooftop equipment such as water towers, HVAC units, elevator machine rooms, ventilators, skylights, and similar elements shall be erected only to such height as necessary to accomplish the purpose they are to serve. In no case shall they exceed ten feet above the top floor of a building.

e.

Notwithstanding the above, all structures shall meet the applicable standards of the airport hazard district, as specified in chapter 8 of the Code, and the regulations of the Federal Aviation Administration.

5.

Density and intensity.

a.

Allowable density and intensity (floor area ratio - FAR) shall be calculated by multiplying the gross area of the site times the density or intensity allowed in the district.

b.

For horizontal and vertical mixed-use, the density shall be calculated based on the combined residential and non-residential acreage of the site. The allowable intensity, however, shall be calculated as follows:

i.

For horizontal mixed-use, the non-residential portion of the site is multiplied times the allowable FAR. Interior parking, loading, or heights of less than six feet are not included in the FAR calculation.

ii.

For vertical mixed-use, the combined square footage of residential and non-residential portions of the site are multiplied by the permitted FAR. The resulting square footage number represents the maximum square footage of combined residential and non-residential use permitted on the site. Interior parking, loading, or heights of less than six feet are not included in the FAR calculation.

6.

Open space. All residential developments shall meet the requirements of section 14-10-10 (Open Space).

7.

Recreational facilities. All residential developments with more than 20 lots shall meet the requirements of section 14-10-11 (Parks and Recreation Facilities).

8.

Living area. Buildings intended for dwelling use shall have the following minimum living area size per unit:

a.

Single family dwellings: 1,200 square feet.

b.

Townhouse and multi-family:

i.

500 square feet for one-bedroom;

ii.

750 square feet for two-bedrooms; and

iii.

1,000 square feet for three-bedrooms.

c.

Mobile home, duplex, or triplex: 750 square feet.

d.

Any dwelling with more than three bedrooms shall have an additional 100 square feet for each additional bedroom.

e.

Hotel rooms or similar rooms intended for transient or temporary occupancy (without cooking facilities): 120 square feet per room, not including bath, shower, closets and other usual accessory spaces.

9.

No residentially zoned lot shall have more than 40 percent of the front and side yards covered with pavers, concrete, turf blocks, gravel, asphalt, brick pavers or other type pavement.

10.

Unless mentioned in the zoning district standards, the following standards shall apply to all zoning districts, including planned unit developments. Where not in conflict with the standards of the form-based code, these standards shall also apply to transect zones.

B.

Schedule of dimensional regulations for standard districts.

Except as noted otherwise in this Code, regulations governing the dimensional requirements for the standard districts shall be as shown in Tables 4-3 through 4-5. More specific standards for certain uses are listed in chapter 14-6.

The standards adopted for specific uses (chapter 14-6), overlay districts (section 14-4-7), planned unit development (section 14-4-8) and the form-based code area (chapter 14-5) shall take precedence over the standards in this section.

Table 4-3: Site Standards - Residential Districts
AC RE RA-1 RA-2 RA-3 RA-4 RB-1 RB-2 RC-1 RC-2 MH
Lot size (min):
Lot area (sq. ft.) SF/MH 5 ac 20,000 12,000 9,000 7,000 6,000 6,000 6,000 - - 6,000
DP/TP - - - - - - 4,000/unit 4,000/unit 4,000/unit 4,000/unit -
Other uses 5 ac 20,000 20,000 20,000 20,000 20,000 20,000 10,000 (1) 10,000 (1) 10,000 (1) 6,000
Lot width (ft.) (2)
 SF/MH
200 100 80 70 60 50 (3) 50 50 - - 50
DP/TP - - - - - - 70 70 50 50 -
TH - - - - - - 20 20 20 20 -
MF - - - - - - 70 75 70 70 -
Other uses 200 100 80 75 75 75 70 75 70 70 50
Lot depth (ft.) 200 150 120 110 100 100 100 100 100 100 120
Impervious surface area (max.) 50% 50% 50% 50% 50% 50% 50% 50% 75% 75% 50%
Gross floor area, non-residential uses (max.)(sq. ft.) (3) NA NA 5,000 5,000 5,000 15,000 15,000 15,000 NA NA NA
Setbacks (ft.): (4)(5)(6)
Front Min 35 35 25 25 20 20 10 10 10 10 25
Max 20 20 20 20
Side (min.) Resid. 25 15 9 8 7 5 5 5 10 10 5
Non-resid. 25 15 10 10 10 10 10 10 10 10 5
Street side (min.) Resid NA 25 25 20 18 15 15 15 10 10 15
Non-resid. 25 25 25 20 18 15 15 15 10 10 15
Rear (min.) 35 35 25 25 25 25 20 20 20 20 25
Alley (min.) 4 ft., or 18 ft. if parking is expected to be provided in the driveway
Building separation (7) (ft.) - - - - - - - - 15 15 -
Recreation & open space (8)
Open Space (%) 25 25 25 25 25 25 25 25 25 25 25
Active recreation MF: 3% min. and 6% max. of buildable area or 150 sq. ft. per unit, whichever is greater
Passive recreation 15% of buildable area
Structure height
(stories) (4)(9)
2 2 2/3 (10) 2/3 (10) 2/3 (10) 2/3 (10) 3 3 4 NA 1/3 (10)

 

SF = Single Family; MH = Mobile Home; DP = Duplex; TP = Triplex; TH = Townhouse.

Notes: Overlay District regulations that address bulk and dimensional requirements supersede the requirements of this table. See chapter 14-5 (Form-Based Code) for regulations applicable to properties that have a T-zone designation.

Footnotes:

(1) Churches, public and private schools, educational service establishments, libraries, day care centers, community centers, non-profit clubs, and fire stations within these districts require a minimum lot size of 20,000 square feet, unless a larger area is needed to accommodate the use.

(2) Single family home developments proposing lots with less than 70 feet in width shall meet the standards for TND (see section 14-10-18).

(3) The maximum building size noted may be exceeded if approved through the conditional use review. Schools are exempt from this requirement.

(4) See section 14-4-6.C for special setback requirements for developments adjacent to, or across the street from, residential zoning districts.

(5) Garages in districts where the minimum front or street side setback is less than 20 feet, shall allow a minimum setback of 20 feet to accommodate the length of a vehicle in the driveway.

(6) The minimum front and street side building setback for multi-family and non-residential uses located on any street classified as an arterial or collector in the comprehensive plan shall be 35 feet except in the form-based code area, where setbacks are regulated by chapter 14-5.

(7) Minimum separation between residential buildings on the same lot, unless a higher standard is required by the National Fire Protection Association (NFPA) 1141 (as adopted by section 24-19 of the Code), or by the Florida Building Code.

(8) These percentages apply to the entire development site, not to individual lots.

(9) See chapter 8 (aviation) for height restrictions.

(10) The second figure represents the number of stories that may be authorized through conditional use review.

Table 4-4: Site Standards - Residential Mobile Home Park District
Tract Mobile Home Lots Accessory
Building Lots
Other Lots
Lot Size (min):
Lot area 5 acres (MHP tract) 4,000 sq. ft.
Lot width (feet) NA 50 ft.
Lot depth (feet) NA NA
Setbacks:
Perimeter setbacks 10, except as follows:
25 ft. from arterial or collector
15 ft. from single family district or public ROW adjacent to single family district
15 ft., except as follows:
25 ft. from public ROW
25 ft. from single family district
Front (feet) 10
Side (feet) 10, except as follows:
15 if adjacent to SF residential district
7.5, except as follows:
10 next to common open space
Street side (feet) 25 arterial & collector
15 other roads
7.5
Rear (feet) 10 10
Residential building separation (on same lot) (feet) 20 20
Parking space setback 10 10 from ROW
Impervious surface area (max.)
Structure height (feet) 15 25

 

Note: See section 14-6-41 for additional provisions applicable to mobile home and recreational vehicle parks

Table 4-5: Site Standards - Non-Residential Districts
RPB B-2 B-3 HC B-5 BP IB AO AI CF HF UT OS
Tract size (min) 5 ac (1)
Lot size (min):
Lot area (sq. ft.)
SF 6,000
DP/triplex 4,000/ unit
All other uses 10,000 (9) 30,000 30,000 40,000 20,000 80,000 20,000 30,000 40,000 20,000 20,000 20,000
Lot width (ft) 75 150 150 200 150 200 150 100 150 100 (2) 100 100
SF 50
DP/TP 70
Lot depth (ft.) 100 150 150 150 100 300 100 200 200
Setbacks (min. ft.): (3)(4)
Front 25 25 25 35 25 40 25 25 25 25 25 25 25
Side 10 10 15 10 25 10 (5) 10 10 ]5] 10 10 10 25
SF/DP 5
Street side 25 20 20 25 20 25 25 25 25 25
SF/DP 18
Rear 25 25 10 15 10 40 15/25 (5)(6) 15/25 (6) 25 (5) 10 10 10 25
Parking space setback (min. ft.) 7 feet minimum or the width of the landscape strip required in Chapter 14-8, Part III, whichever is greater 15/25 (7)
Impervious surface (max) 75% 80% 80% 80% 80% 80% 85% 80% 85% 75% 80% 80% 30%
Structure height (max. ft.) (3)(8) 35 35 NA NA 45 NA NA NA 80 NA 60 35
Ground floor area (min) 25%

 

SF = Single Family; DP = Duplex; TP = Triplex; TH = Townhouse

Notes: Overlay District regulations that address bulk and dimensional requirements supersede the requirements of this table. See chapter 14-5 (Form-Based Code) for regulations applicable to properties that have a T-zone designation.

Footnotes:

(1) Minimum may be waived by the city commission upon the recommendation of the planning advisory board.

(2) Except parks for which no minimum is required.

(3) See section 14-4-6.C for special setback requirements for developments adjacent to or across the street from residential zoning districts.

(4) The minimum front and street side building setback for multi-family and non-residential uses on any street classified as an arterial or collector in the comprehensive plan shall be 35 feet except in the form-based code area, where setbacks are regulated by chapter 14-5.

(5) No building setback is required next to a railroad siding.

(6) 15 feet adjacent to property assigned an Industrial(IN), Airport Expansion (AE), or Utilities (UT) future land use designation by the comprehensive plan; 25 where adjacent to property assigned any other future land use designation.

(7) 15 feet minimum. No parking area shall be located within 25 feet of any residentially zoned property.

(8) See chapter 8 (Aviation) for height restrictions.

(9) Churches, public and private schools, educational service establishments, libraries, day care centers, community centers, non-profit clubs, and fire stations within this district require a minimum lot size of 20,000 square feet, unless a larger area is needed to accommodate the use.

C.

Building height and setbacks adjacent to residential zoning. Multi-family developments with more than four units and non-residential developments abutting a single family residential zoning district, including RE, RA-1, RA-2, RA-3, RA-4, RB-1, RB-2, and MH, or a lot approved for single family detached dwellings in RPUD, SRPUD, and MUPUD, shall provide:

1.

The landscaping, buffer and screening required in chapter 14-8, part III; and

2.

A setback of one foot from the abutting residential site for every foot of building height. Developers may elect to apply the setback as follows:

a.

Option A: Apply the setback to each of the floors above the second story (step back approach, see Figure 4-1); or

b.

Option B: Apply the setback to the entire façade; or

c.

Option C: Setback all the stories above the second floor.

The additional setback/step-back requirement may render some sites ineligible for the maximum permitted height. The first 50 feet of the rooftop closest to the single family zoned lot shall not be occupied by active uses that may produce noise and affect the adjacent residential units (open air restaurant, bar, etc.).

Figure 4-1: Setbacks Abutting Single Family Residential Zoning
Figure 4-1: Setbacks Abutting Single Family Residential Zoning

D.

Site and building design.

1.

Building materials. The use of corrugated metal finishes or similar materials on the exterior of a building shall be prohibited, except on lots zoned IB or Al if they are located more than 300 feet from any residential zoning district and not abutting an arterial or collector roadway.

2.

Massing. Where a proposed building is larger than the buildings adjacent to the site, the building shall be designed with façades, rooflines, and architectural features, such as entry porticos, window openings, awnings, canopies, or other elements subject to city approval, to provide visual relief and ensure consistency with the mass, scale and character of surrounding buildings.

3.

All buildings must front a right-of-way (excluding an alley or lane) or civic space. Building sides fronting a right-of-way or civic space shall comply with the architectural standards contained herein.

4.

A building's primary entrance shall be located on the façade facing the public right-of-way or civic space. Primary entrance is the principal pedestrian access to a building, even if customers or residents may more frequently use a secondary entrance associated with a garage, parking area, driveway or other vehicle use area. The entrance shall have architectural detailing that sets it apart from other entrances and allows it to be recognized as the building's primary access point.

5.

Loading/unloading bay & non-residential garage doors. No loading/unloading bay, non-residential garage door, or similar opening intended for vehicular access or movement of large materials shall be visible from public rights-of-way or adjacent residential uses or districts.

6.

Mechanical equipment screening. All mechanical equipment located outdoors, such as heating, ventilation, air conditioning, refrigeration systems, or similar devices, shall be fully screened from view from adjacent rights-of-way.

7.

Shopping cart, on-site retention.

a.

All business establishments utilizing shopping carts or similar devices, and having more than 20 shopping carts on-site shall install and maintain a system to retain all shopping carts within the real property boundaries of the business location.

b.

Location, type of device and other pertinent information regarding shopping cart retention deemed necessary by the director must be shown on the approved site plan for the business or lot the business is located on.

c.

Permitted methods of retention shall include any one of the following methods:

i.

A physical barrier, such as bollards, restricting shopping carts to the front sidewalk or portion of the business.

ii.

Shopping carts equipped with a protruding arm or similar device prohibiting the cart from being removed from the interior of the business.

iii.

A system, which may be mechanical in nature, requiring a deposit to use a shopping cart; deposit should be of a reasonable amount that would not deter the use of the cart, but would encourage the return of the cart.

iv.

Shopping carts equipped with a wheel locking mechanism that is used in conjunction with an electronic barrier along the perimeter of the area shopping carts are allowed. The wheel locking mechanism will activate when the shopping cart crosses the electronic barrier.

v.

The business shall provide signage in a conspicuous location notifying shopping cart users of a retention system in place and how said system operates.

d.

Home improvement centers, as defined in chapter 14-2, are exempt from this section, until such time that the city collects 20 or more shopping carts belonging to an individual home improvement center, during any calendar month, from public- or privately-owned lands and/or rights-of-way other than that of the establishment's location. The loss of this exemption is permanent and may not be reinstated.

e.

Any business establishment failing to install or properly maintain an approved on-site shopping cart retention system is in violation of this section. Any person, firm, or corporation violating the provisions of this division [section] shall, upon conviction, be subject to the penalties provided in section 1-22 of the Code of Ordinances. Each separate day of violation constitutes a separate offense.

8.

Symbolic buildings. Symbolic buildings shall only be allowed in the B-3 and HC districts through conditional use approval, and shall meet the following standards:

a.

The symbolic building shall be located within 300 feet of one or more lots with tourist-oriented facilities such as: motels, hotels, or private outdoor amusement, entertainment, and recreation establishments.

b.

The symbolic building shall be located at least 300 feet from residentially zoned lots.

c.

The lot must have frontage on an arterial or collector road as designated by the comprehensive plan.

(Code 1995, §§ 14-2-16—14-2-42, 14-2-74.7; Ord. No. 3034, § 1(14-4-6), 8-4-2020; Ord. No. 3067, § 1(Exh. A), 11-15-2022)