The map and ordinance shall in combination be known as the land development code and/or zoning code.

(881, § 18.01, 6-26-2017)

This land development code is enacted pursuant to the requirements and authority of F.S. § 163.3202, (The Local Government Comprehensive Planning and Land Development Regulation Act), and the general powers granted in F.S. Ch. 125.

(Ord. No. 881, § 18.02, 6-26-2017)

Ordinances inconsistent with this shall be repealed when this becomes effective on May 15, 1961.

(Ord. No. 881, § 18.03, 6-26-2017)

The ordinance covers all buildings, structures and uses of land in the corporate limits.

(Ord. No. 881, § 18.04, 6-26-2017)

Buildings under construction when the ordinance is passed may be completed if done so within one (1) calendar year from the effective date of this chapter.

(Ord. No. 881, § 18.05, 6-26-2017)

Buildings shall be completed in accordance with the provisions of the development order.

(Ord. No. 881, § 18.06, 6-26-2017; Ord. No. 935, § 3, 2-14-2022)

A development order shall remain valid if development commences within twelve (12) months and development continues in good faith according to the terms and conditions included in the development order.

(Ord. No. 881, § 18.07, 6-26-17; Ord. No. 935, § 3, 2-14-2022)

Penalties for failure to comply with ordinance: not more than five hundred dollars ($500.00) nor imprisoned more than sixty (60) days. The architect, builder, contractor, or agent who assists or maintains such violation may likewise be found guilty of a separate offense. The town may take other lawful action to prevent or remedy any violation.

(Ord. No. 881, § 18.08, 6-26-2017)

This code is not intended to repeal, abrogate or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of Walton County. Moreover, nothing in this code shall be construed to give the city responsibility for enforcing private covenants or deed restrictions.

(Ord. No. 881, § 18.09, 6-26-2017)

If any section, subsection, paragraph, sentence, clause, or phrase of this code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this code shall continue in full force and effect.

(Ord. No. 881, § 18.10, 6-26-2017)

Upon the extension of the town boundaries, the new area is automatically zoned for the highest residential use until studies can be made and a public hearing held on the best zoning for the new area.

(Ord. No. 881, § 18.11, 6-26-2017)

(a)

Generally. In the interpretation and application of this code, all provisions shall be liberally construed in favor of the objectives and purposes of the county and shall be deemed neither to limit nor repeal any other powers granted under State statutes.

(b)

Responsibility for interpretation. In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this land development code, the planning director shall be responsible for interpretation and shall look to the DeFuniak Springs Comprehensive Plan for guidance. Responsibility for interpretation by the director shall be limited to standards, regulations and requirements of this code, and shall not be construed as overriding the responsibilities given to any commission, board or official named in other sections or chapters of this code. An applicant may appeal an interpretation of this code, which has been made by the planning director in accordance with section 18-23 of this code.

(c)

Computation of time. The time within which an act is to be done under this code shall be computed by calendar day.

(d)

Delegation of authority. Whenever a provision in this code requires the head of a department or some other city officer or employee to do some act or perform some duty, it is to be construed as an authorized delegation for the performance of the required act or duty unless the terms of the provision or section specify otherwise.

(e)

Gender. Words importing the masculine gender shall be construed to include the feminine gender, and vice versa.

(f)

Number. Words in the singular shall include the plural, and words in the plural shall include the singular.

(g)

Construction of terms; intended meanings.

(1)

Day. The word "day" shall mean a calendar day.

(2)

May. The word "may" is intended as permissive.

(3)

Shall. The word "shall" is to be construed as mandatory.

(4)

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters and/or figures which, whether hand or machine written. Documents submitted by facsimile transmission are acceptable as written documents.

(5)

Year. The word "year" shall mean a calendar year, unless otherwise specifically indicated.

(h)

Boundaries. Interpretations regarding boundaries of zoning districts shall be made in accordance with the following rules and standards:

(1)

Boundaries shown as following or approximately following any street without further definition shall be construed as following the centerline of the street.

(2)

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

(3)

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

(4)

Boundaries shown as following or approximately following natural features shall be construed as following such features.

(i)

Relationship of specific to general provisions. More specific provisions of this code shall control over more general provisions that are in conflict with the more specific provision.

(Ord. No. 881, § 18.12, 6-26-2017)

When any public street or alley is vacated, the district regulation for the abutting property is extended to the center of the vacated area.

(Ord. No. 881, § 18.13, 6-26-2017)

Written complaints shall be filed with the building inspector code enforcement officer. Complaints may be filed by telephone, email, written correspondence or in person and complainants shall include their name(s), mailing address, phone number and other valid contact information. Upon receipt, the code enforcement officer who shall take immediate action in a timely manner.

(Ord. No. 881, § 18.14, 6-26-2017)

Cross reference— See article IV of this code.

The city council may make such exceptions to any zoning code as it determines to be in the best interests of the economic development of the city and which at the same time provides reasonable protection of residential areas. Notice of such a proposed exception shall be published once in a notice of general circulation in the city at least one (1) week prior to any action on same by the council. If an exception is applicable to a particular neighborhood, the property owners directly affected, as determined by the city council, shall be given written notice by mail at least six (6) days prior to the proposed action by the council.

(Ord. No. 881, § 18.15, 6-26-2017)