The city is divided into zoning districts as shown on the map and the map is a part of the ordinance.

(1)

Changes in zoning map. Changes in the zoning map shall be made in the zoning map only upon official action of the city council and entry shall be signed by the mayor, attested by the city clerk. Changes in the zoning map shall be governed by the goals, objectives and policies of the DeFuniak Springs Comprehensive Plan. The future land use map shall act as a general guide for all future zoning changes.

(2)

Rules for interpretation of district boundaries. When uncertainty exists as to boundaries of districts on the official zoning map, the following rules shall apply:

Boundaries indicated as approximately following the center line of streets, following the platted lot lines and following city limits shall be construed as following such center lines, lot lines, and city lines.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

Boundaries indicated as following shore lines shall be construed to follow such shorelines, and in the event of change in the shorelines, shall be construed as moving with the actual shoreline.

Other interpretations shall be made initially by the planning or building department with the right of appeal to the planning board.

(Ord. No. 881, § 18.41, 6-26-2017)

(a)

No reduction of required area. No lot, setback, clearance, parking area, or other space shall be reduced in area or dimension so as to make said area, or dimension less than the minimum required by the zoning ordinance; and if already less than the minimum required by this ordinance for a new building or use, said area or dimension shall not be further reduced.

(b)

Double frontage. Where a lot is bounded on two (2) sides by streets, the primary front-yard shall be provided as required in section 18-43(d), the secondary front-yard shall be treated as a side-yard in section 18-43(d).

(c)

Yard encroachments. Every part of required yard shall be open and unobstructed from the ground to the sky except as hereinafter provided or as otherwise permitted in the zoning ordinance.

(1)

Sills or belt courses may project not over twelve (12) inches into a required yard.

(2)

Cornices, eaves, gutters or movable awnings may project not over three (3) feet into a required yard, provided that where the yard is less than five (5) feet in width such projection shall not exceed one-half the width of the yard.

(3)

Chimneys, fireplaces or pilasters may project not over two (2) feet into a required yard.

(4)

Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five (5) feet into a required rear yard, or not over three (3) feet eight (8) inches into a required side yard, of a multiple dwelling, hotel or motel.

(5)

Hoods, canopies or marquees may project not over three (3) feet into a required yard, but shall not extend closer than one (1) foot to any lot line.

(6)

Parking may be located in a required side yard if area so used for parking is properly screened by a fence wall or planting from contiguous private property.

(d)

Yard setbacks. All yard setbacks shall be measured from the lot line regardless of the size of the lot. A lot must have a minimum frontage width of thirty-five (35) feet to be used for dwelling purposes. Lot widths shall be measured at the building line.

(Ord. No. 881, § 18.41, 6-26-2017; Ord. No. 936, § 3(Att.A), 3-14-2022)

(a)

Uses allowed without review.

(1)

Single-family dwelling. In addition to immediate family members, up to three (3) unrelated people may reside in a home.

(b)

Use exceptions allowed upon special approval.

(1)

Nonprofit educational, recreational, and social centers.

(2)

Parks, playgrounds and recreation buildings and facilities owned by governmental bodies.

(3)

Library, art gallery, museum.

(4)

Church or church school.

(5)

Public schools and private schools offering curricula substantially equivalent to public schools of comparable grades and meeting the requirements of the state department of education, but not including trade and vocational schools.

(6)

Home base occupations shall be operated in residential zoned areas only after approval by the city council.

(7)

The owner of a duly recorded, as of October 9, 1990, parcel of record shall be entitled to construct a single-family dwelling unit on such parcel subject to only the requirements of regulations adopted prior to October 9, 1990. The property owner shall submit to the building and zoning official, a copy of a subdivision plat, deed, agreement, map, survey or other drawing which was recorded in the public records of Walton County, Florida, on or before October 8, 1990, which demonstrated the existence of an individual parcel of property owned by the applicant.

(8)

Accessory dwelling units in conformance with section 18-66(d).

(c)

Prohibited uses. All other uses.

(d)

Requirements.

Minimum lot size: Five thousand (5,000) square feet.

Maximum lot coverage: Seventy (70) percent (including accessory buildings, garages, etc.).

Minimum lot width: Fifty (50) feet.

Maximum height: Two (2) stories or thirty-five (35) feet.

Minimum yard setback:

Front: Twenty (20) percent of the lot depth but does not need to be more than twenty-five (25) feet.

Side: Ten (10) percent of the lot width but does not need to be more than ten (10) feet and shall not be less than five (5).

Rear: Fifteen (15) feet (principal building)

Maximum dwelling units: One (1) dwelling unit per lot

Maximum intensity: The maximum intensity for other uses in the single-family residential district shall be a Floor Area Ratio of 1.0 so long as all other provisions of this code are satisfied.

(Ord. No. 881, § 18.43, 6-26-2017; Ord. No. 936, § 3(Att. A), 3-14-2022; Ord. No. 948, § 3(Exh. A), 1-23-2023)

(a)

Uses allowed without review.

(1)

Any allowed use without review in R-1.

(2)

Two-family or multifamily dwellings.

(3)

Doctor's or dentist's office.

(4)

Nursery schools.

(5)

Accessory uses to those above not involving the conduct of any business, trade or occupation.

(b)

Use exceptions allowed upon special approval.

(1)

Any use allowed by special approval in R-1.

(2)

Bed and breakfast establishments.

(3)

Hospitals, clinics, sanitariums, convalescent homes, nursing homes.

(4)

Orphanages, institutions for the aged, indigent or inform, but not including mental cases.

(5)

Rooming houses.

(6)

Nursery schools.

(7)

Professional offices.

(c)

Prohibited uses. All other uses.

(d)

Requirements.

;adv=6;(e)

Maximum density. The maximum number of dwelling units allowed per gross acre in the multiple family residential district shall be sixteen (16) dwelling units so long as all other provisions of this code are satisfied. The maximum density for other uses in the multiple family residential district shall be a floor area ratio of 1.0 so long as all other provisions of this code are satisfied.

(Ord. No. 881, § 18.44, 6-26-2017; Ord. No. 936, § 3(Att. A), 3-14-2022)

District purpose. The commercial restricted district is intended to apply to a retail shopping area which includes offices, clinics, and businesses catering to personal needs and desiring adjacent off-street parking for their customers, clients, and patients. It is designed to prohibit retail establishments requiring large land area for storage or display of heavy equipment as well as retail establishments with obnoxious accessory uses.

(1)

Uses allowed without review.

a.

Banks, trust companies, savings institutions, finance corporations.

b.

Professional and business offices and office buildings.

c.

Retail stores.

d.

Barber shops, beauty parlors.

e.

Repair shops—Shoe, hat, electric appliance, radio and television, watch and clock.

f.

Restaurants, tea rooms, cafeterias (excluding dancing and entertainment).

g.

Studios—Photography, art, music and dancing.

h.

Laundry or dry cleaning pickup stations only.

i.

Governmental buildings.

j.

Motion picture theaters.

k.

Motels or hotels.

l.

Other similar enterprises or businesses which are not more obnoxious or detrimental to the welfare of the particular community than the enterprises or businesses herein enumerated.

m.

Any commercial use allowed without review in an R-2 district.

n.

Antique shops.

o.

Antique malls.

p.

Properties located in the historic district that are designated with the commercial land use category and C-1 or C-2 zoning designation can be redeveloped to include a maximum residential density of twenty-four (24) dwelling units per gross acre. The redeveloped property must include a commercial land use.

(2)

Use exceptions allowed upon special approval.

a.

Drive-in eating and refreshment establishments.

b.

Bed and breakfast establishments.

c.

Bars or taverns.

d.

Bus, train or taxi terminals.

e.

Shopping centers.

f.

Service stations.

(3)

Prohibited uses.

a.

Plant nurseries.

b.

Business using outdoor displays or sheds.

c.

Used car lots.

d.

Fortune tellers or clairvoyants.

e.

Cemeteries.

f.

Trailer camps or courts.

g.

Laundries—Automobile, commercial, cleaning and dyeing plants.

h.

Wholesale food markets.

i.

Wholesale and warehouse establishments.

j.

Storage yards—Building supply, contractors, plumbing, lumber, petroleum products, coal and wood, stone and junk.

k.

Ice plants.

l.

Beverage—Liquor distributors.

m.

Sales from stands, wagons, trucks, etc., on vacant property or parked on or adjacent to streets, highways or roads.

n.

Repair establishments—Automobile, plumbing, bicycle, motorcycle, battery, engine.

o.

Shops—Carpenter, sheet metal, paint, machine, sign painting, silver plating, soldering, upholstery, umbrella, bicycle or motorcycle rental, exterminating, flea markets, feed, tire vulcanizing, live bait, picture framing, taxidermy.

p.

Manufacturing, fabricating, and/or processing activities, or other similar enterprises or businesses which are deemed to be equally obnoxious or detrimental to the central business district and to the safety of pedestrians.

(4)

Minimum yard setback. In substantial conformity with front yards of buildings within one hundred fifty (150) feet on each side. Front yard of twenty-five (25) feet if no buildings within one hundred fifty (150) feet on each side.

(5)

Maximum floor area ratio. The maximum floor area ratio shall be 1.0. However, a minimum of ten (10) percent of the site must be preserved as open space and landscaped with native species in accordance with the city's landscape ordinance.

(6)

Maximum residential density. Properties located in the historic district that are zoned C-1 that are redeveloped shall have a maximum allowable residential density of twenty-four (24) dwelling units per acre and shall include an approved commercial land use on the property.

(Ord. No. 881, § 18.45, 6-26-2017; Ord. No. 917, § 3(Att. 1), 1-25-2021)

District purpose. The commercial general district is intended to apply to business establishments primarily not of a neighborhood or central business district character, serving a larger segment of population. Such businesses generally require considerable ground area, do not cater directly to pedestrians and need a conspicuous and accessible location convenient for motorists.

(1)

Uses allowed without review.

a.

Any commercial use allowed without review in C-1 district.

b.

Businesses using outdoor displays, canopies or sheds.

c.

Used car lots.

d.

Ornamental iron.

e.

Discount and auction houses.

f.

Research and testing laboratories.

g.

Mortuary.

h.

Pest control agency.

i.

All retail establishments.

j.

All service establishments.

k.

All repair shops.

(2)

Use exceptions allowed upon special approval.

a.

Recreational vehicle parks.

1.

Recreational vehicle parks shall comply with the Florida Administrative Code and any amendments thereto.

2.

No occupant of a vehicle space within a recreational vehicle park shall remain at the park for more than one hundred eighty (180) consecutive days.

b.

Mini-storage warehouses located at least two hundred (200) feet from any state highway. Other uses allowed without review are encouraged within the two hundred (200) foot separation.

c.

Hospitals/medical clinics.

(3)

Prohibited uses.

a.

Fortune tellers or clairvoyants.

b.

Cemeteries.

c.

Wholesale and warehouse establishments.

d.

Storage yards not accessory to retail sales establishments including building supply, contractors, plumbing, lumber, petroleum products, coal and wood, stone and junk.

e.

Manufacturing, fabricating or processing activities not accessory to retail sales.

f.

Sanitariums, orphanages and similar institutions for the care or treatment of persons.

(4)

Minimum yard setbacks. In substantial conformity with front yards of buildings within one hundred fifty (150) feet on each side. Front yard of twenty-five (25) feet if no buildings within one hundred fifty (150) feet on each side.

(5)

Maximum floor area ratio. The maximum floor area ratio shall be 1.0. However, a minimum of ten (10) percent of the site must be preserved as open space and landscaped with native species in accordance with the city's landscape ordinance.

(Ord. No. 881, § 18.46, 6-26-2017; Ord. No. 946, § 3(Exh. A), 1-9-2023)

District purpose. The mixed use district is intended to contain a mixture of uses including commercial, medical, office, and residential, encourage mixed-use, infill development, particularly residential and retail, and promote pedestrian-friendly streets.

All new developments within the mixed use district must be developed with at least two (2) of the permitted uses, one (1) of which is required to be residential. See article IX, section 18-63 for additional regulations for mixed use developments.

(1)

Uses allowed without review.

a.

Banks, trust companies, savings institutions, finance corporations.

b.

Professional and business offices and office buildings.

c.

Retail stores. (maximum gross floor area fifteen thousand (15,000) square feet)

d.

Barber shops, beauty parlors.

e.

Gym, health clubs.

f.

Repair shops—Shoe, hat, electric appliance, radio and television, watch and clock.

g.

Restaurants, tea rooms, cafeterias (excluding dancing and entertainment).

h.

Studios—Photography, art, music and dancing.

i.

Laundry or dry cleaning pickup stations only.

j.

Governmental buildings.

k.

Motion picture theaters.

l.

Motels or hotels.

m.

Multi-family vertically integrated with a permitted use on the ground floor.

n.

Other similar enterprises or businesses which are not more obnoxious or detrimental to the welfare of the particular community than the enterprises or businesses herein enumerated.

o.

Any commercial use permitted without review in an R-2 district.

p.

Antique shops.

q.

Antique malls.

(2)

Use exceptions allowed upon special approval.

a.

Retail stores ( gross floor area greater than fifteen thousand (15,000) square feet).

b.

Bed and breakfast establishments.

c.

Drive-in eating and refreshment establishments.

d.

Bars or taverns.

e.

Bus, train or taxi terminals.

f.

Shopping centers.

g.

Service stations.

(3)

Prohibited uses.

a.

Plant nurseries.

b.

Business using outdoor displays or sheds.

c.

Used car lots.

d.

Fortune tellers or clairvoyants.

e.

Cemeteries.

f.

Trailer camps or courts.

g.

Laundries—Automobile, commercial, cleaning and dyeing plants.

h.

Wholesale food markets.

i.

Wholesale and warehouse establishments.

j.

Storage yards—Building supply, contractors, plumbing, lumber, petroleum products, coal and wood, stone and junk.

k.

Ice plants.

l.

Beverage—Liquor distributors.

m.

Sales from stands, wagons, trucks, etc., on vacant property or parked on or adjacent to streets, highways or roads.

n.

Repair establishments—Automobile, plumbing, bicycle, motorcycle, battery, engine.

o.

Shops—Carpenter, sheet metal, paint, machine, sign painting, silver plating, soldering, upholstery, umbrella, bicycle or motorcycle rental, exterminating, flea markets, feed, tire vulcanizing, live bait, picture framing, taxidermy.

p.

Manufacturing, fabricating, and/or processing activities, or other similar enterprises or businesses which are deemed to be equally obnoxious or detrimental to the central business district and to the safety of pedestrians.

(4)

Minimum yard setbacks.

Front: Zero (0) feet

Side: None

Rear: Ten (10) feet

(5)

Maximum floor area ratio. The maximum floor area ratio shall be 1.0. However, a minimum of ten (10) percent of the site must be preserved as open space and landscaped with native species in accordance with the city's landscape ordinance.

(6)

Maximum residential density. The maximum residential density in the mixed use district is twenty-four (24) dwelling units per acre.

(7)

Maximum building height. The maximum height for any building, including residential, shall be limited to forty (40) feet and a maximum height of two (2) stories.

(Ord. No. 881, § 18.47, 6-26-2017)

District purpose. The light industrial district is generally intended for wholesale, storage, and warehouse uses and manufacture of small articles and non-objectionable products not involving the use of any materials, processes or machinery likely to cause undesirable effects upon nearby property or persons.

(1)

Uses allowed without review.

a.

Any commercial use allowed without review in a C-2 district.

b.

Wholesale, warehouse and storage use.

(2)

Use exceptions allowed upon special approval.

a.

Manufacturing, fabricating, or processing activities.

b.

Other similar enterprises which are not more obnoxious or detrimental to the welfare of the community than the enterprises herein enumerated.

c.

Foundry.

d.

Drop forging.

e.

Paint or varnish manufacture.

f.

Manufacture of asphalt, brick, tile, cement lime, plaster, concrete or products thereof.

g.

Institutions for the housing, care, or treatment of indigent, aged, or convalescent persons.

h.

Dwellings except as accessory to a permitted use.

i.

Hospital.

(3)

Minimum yard setback.

Front Yard: Thirty-five (35) feet.

(4)

Maximum floor area ratio. The maximum floor area ratio shall be 0.5. However, a minimum of ten (10) percent of the site must be preserved as open space and landscaped with native species in accordance with the city's landscape ordinance.

(Ord. No. 881, § 18.48, 6-26-2017)

District purpose. The agricultural district is intended to apply to those large areas the present use of which is primarily agricultural, vacant, or the future proper development of which is uncertain, and for which a more restricted zoning would be premature and unreasonable. The regulations of this district are intended to permit a reasonable use of property while at the same time preventing the creation of conditions which would blight or prevent the proper use of contiguous or nearby property. The effect being the keeping of such zones in reserve, and providing some measure of control for future development by requiring rezoning when any substantial development does take place.

(1)

Uses allowed without review. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one (1) or more of the following specified uses:

a.

Single-family dwellings.

b.

Home occupations.

c.

Hospital, correctional institution, convalescent home, nursing home; not including communicable diseases, insanity, feeble-mindedness, epileptics, drug addicts, alcoholics, and penal institutions.

d.

Church, convent, monastery, parish house.

e.

Library, museum and similar institutions of a noncommercial nature.

f.

Public owned or operated buildings and uses, including community buildings, public parks, playgrounds, but excluding dumps, sanitary fill or incinerators.

g.

Golf course, country club, private club, outdoor recreation club, provided all buildings are located at least fifty (50) feet from any street line and at least one hundred (100) feet from any private plot line.

h.

Grove, produce farm, truck garden, horticultural farming, botanical garden, floriculture, nursery, sod farm, crop raising, hydroponic garden greenhouse, slat house, forestry, beekeeping, with use or keeping of animals only as incidental and accessory thereto.

i.

Cattle or stock grazing, dairy farm, not including hog raising.

j.

Raising of less than one hundred (100) poultry as an accessory use on a property whose principal use is residential.

k.

Accessory structures and uses.

(2)

Use exceptions allowed upon special approval.

a.

Cemetery, crematory, columbarium, mausoleum.

b.

Dump, sanitary fill, or incinerator.

c.

Airport, airpark or airfield.

d.

Public utility and public service buildings.

e.

Dude ranch, riding stable, livery stable, boarding stable.

f.

Animal hospital, veterinary clinic, animal boarding place, dog kennel, fur farm.

g.

Raising of hogs, sheep, goats, raising of one hundred (100) or more poultry, poultry slaughtering and dressing.

h.

Outdoor or indoor, rifle, shotgun, or pistol shooting range.

i.

Eleemosynary or philanthropic institution.

j.

Radio or television transmitting or receiving station, structure or tower over fifty (50) feet in height above the ground.

k.

Sand, gravel, rock or stone pit or quarry or other operation involving the extraction or mining of natural material, removing of earth or topsoil.

l.

Temporary structures, including wayside stands for display or sale of farm products produced on the premises.

m.

Amusements, mechanical riding devices, carnivals, circuses, animal display, aquarium, menagerie, exhibit, museum.

n.

Off-street parking of motor vehicles accessory to a use not located on the same premises, or which is located outside of the agricultural district.

o.

Hospital, home or institution for contagious, mental, alcoholic, drug, or epileptic cases.

p.

Crushing, screening and processing of materials mined or excavated on the premises.

q.

Oil wells and oil well drilling.

(3)

Prohibited use. The following uses are prohibited (nor will such uses be allowable under home occupations) and shall not be construed to include, either as a principal or accessory use any of the following which are listed for emphasis:

a.

Manufacture or industrial establishments.

b.

Wholesale warehouse or storage establishments except accessory to agriculture.

c.

Junkyards, house wrecking yards, automobile wrecking, used auto parts, display storage or sale.

d.

Automobile, truck or trailer-display, storage, service, repair or sale.

e.

Oil, asphalt or petroleum products—Storage, processing or sale, except as incidental to an approved oil well drilling.

f.

Building supplies or material—Display, storage or sale.

g.

Contractor, construction or equipment yard.

h.

Display, storage or sale of used or second-hand merchandise.

i.

Railroad yards, shops or roundhouses.

(4)

Requirements.

Minimum Lot Size:

Residential: Five (5) acres.

Non-Residential Uses: Ten thousand (10,000) square feet.

Minimum Lot Width: One hundred (100) feet.

Yard Setbacks:

Front: Twenty-five (25) feet

Side: Twenty-five (25) feet

Rear: Twenty-five (25) feet

Maximum Height: Two (2) stories or fifty (50) feet.

Maximum Lot Coverage: Twenty-five (25) percent.

Maximum Dwelling Units: One (1) dwelling unit per five (5) acres.

(5)

Yard modifications. The yard requirements specified in section 18-49(d) shall be subject to the following:

a.

Yard requirements shall not apply to portions of land or land uses for permittable uses and which do not contain buildings.

b.

Where a portion of a tract of land is utilized for a building or buildings as the principal use, the lot or land occupied by such buildings shall be provided with all required yards, the measurements of which shall be from such building or buildings.

(Ord. No. 881, § 18.49, 6-26-2017)

District purpose The institutional zoning district is intended to apply to those areas with a present or planned governmental use and owned by the city.

(1)

Uses allowed without review.

a.

City Hall.

b.

Post Office.

c.

Court House.

d.

City or county complex (may contain recreational parks and facilities so long as it only occupies a maximum of thirty (30) percent of the property).

e.

City owned buildings and property housing maintenance vehicles and other equipment.

f.

Other governmental uses.

g.

Accessory uses and structures.

(2)

Use exception allowed upon special approval.

a.

City airports.

b.

City owned golf courses.

c.

Landfills.

d.

Community centers

(3)

Yard setbacks.

Front: Twenty (20) feet

Side: Ten (10) feet

Rear: Twenty (20) feet

(4)

Maximum floor area ratio. The maximum floor area ratio shall be 1.0.

(Ord. No. 881, § 18.50, 6-26-2017)

District purpose. The recreational district is intended to apply to parks and public golf courses.

(1)

Uses allowed without review.

a.

City, county, state, and federal parks.

b.

City greenways and trails.

c.

Public golf courses.

d.

Accessory uses such as playground, bathrooms, boat ramps, and camp sites, and associated parking.

(2)

Use exceptions allowed upon special approval.

a.

Sports complex incorporating fields for sports such as soccer or baseball.

b.

Environmental education or Research center.

(3)

Yard setbacks.

Front: Twenty (20) feet

Side: Ten (10) feet

Rear: Twenty (20) feet

(4)

Maximum floor area ratio. The maximum floor area ratio shall be 0.5.

(Ord. No. 881, § 18.51, 6-26-2017)

(a)

Short title. This section shall be known as and may be cited as the "DeFuniak Springs Airport Overlay District and Height Zoning Ordinance."

(b)

Findings. It is hereby found that an obstruction to navigable airspace has the potential for endangering the lives and property of users of the DeFuniak Springs Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the DeFuniak Springs Airport; and that an obstruction may reduce the size of areas available for the landing, take off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the DeFuniak Springs Airport and the public investment therein. Accordingly, it is declared that:

(1)

The creation, establishment or maintenance of an obstruction and the incompatible use of land in the airport vicinity are public nuisances and injure the community served by the DeFuniak Springs Airport;

(2)

It is necessary in the interest of the public health, public safety, and general welfare that the creation, establishment or maintenance of obstructions that are a hazard to air navigation be prevented;

(3)

The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation;

(4)

The establishment of noise sensitive developments in the vicinity of the airport have the potential of limiting the existing and future utility of the airport and may adversely affect the region served by the DeFuniak Springs Airport;

(5)

Land in the vicinity of the airport has the potential of being exposed to sound levels of 65 DNL and higher.

(6)

That the construction of certain noise sensitive developments in the vicinity of the airport should include outdoor-to-indoor noise attenuation features so as not to be incompatible with existing and future noise levels.

(7)

Promoting land uses compatible with the existing and future operations of the airport serve to protect the public investment in the airport and promote a more livable community in the vicinity of the airport; and,

(8)

The DeFuniak Springs Airport fulfills an essential community purpose.

It is further declared that the limitation of land uses incompatible with normal airport operations, the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein, or air rights thereover.

(c)

Purpose and applicability.

(1)

Purposes. The purpose of these regulations is to promote the health, safety and general welfare of the inhabitants of the region by preventing the creation, establishment, or maintenance of hazards to aircraft; preventing the destruction or impairment of the utility of the DeFuniak Springs Airport and the public investments therein; and protecting the lives and properties of owners or occupants of lands in the vicinity of said airport as well as the users of said airport.

The additional purpose of the regulations contained in this section is to promote the health, safety, and general welfare of the inhabitants of the city by requiring the incorporation of outdoor-to-indoor noise attenuation measures for the construction of certain structures within the boundary of the airport noise district.

(2)

Applicability. The regulations set forth herein are applicable to all lands lying within all approach, transitional, horizontal, and conical zones, which are delineated on the DeFuniak Springs Airport Height Zoning Map (Exhibit "A") and lying within the Airport Overlay District (Exhibit "B") adopted as part of the DeFuniak Springs Airport Zoning Ordinance.

(d)

Airport zones. To carry out the provisions of this article, there are hereby created and established certain zones which include all of the land lying beneath the approach surface, transitional surfaces, horizontal surface, and conical surface as they apply to the DeFuniak Springs Airport. Such zones are shown on the DeFuniak Springs Airport Height Zoning Map (Exhibit A) which is attached to this article and made a part hereof. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitations. The various zones are hereby established and defined as follows:

(1)

Primary zone: The primary zone extends two-hundred (200) feet beyond each end of Runway 9/27. The width of the Runway 9/27 primary zone is five-hundred (500) feet. The width of the Runway 18/36 primary zone is two-hundred-fifty (250) feet and the primary zone ends at each end of the landing area. No structure or obstruction will be permitted within the primary zone that is not essential to air navigation or the movement of aircraft.

(2)

Non-precision instrument approach zones: A non-precision instrument approach zones is established for each end of the runway. The inner edge of the non-precision approach zone coincides with the width of the primary zone and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of four thousand (4,000) feet at the horizontal distance of ten thousand (10,000) feet from the primary zone. Its centerline is the continuation of the centerline of the runway.

(3)

Transitional zones: The transitional zones are the areas beneath the transitional surfaces adjoining the primary zone and the non-precision instrument approach zones.

(4)

Horizontal zones: The horizontal zone is established by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary zone and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(5)

Conical zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward a horizontal distance of four thousand (4,000) feet.

(e)

Airport zone height limitations. Except as otherwise provided in this article, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this article to a height exceeding the elevation of any corresponding approach, transitional, horizontal, or conical surface or to a height that would adversely affect approach minimums (e.g., decision heights or visibility minimums) published for the airport. Applicable heights of the approach, transitional, horizontal, or conical surfaces, at various distances from the primary zone, are established as follows:

(1)

Non-precision instrument approach zone: The non-precision instrument approach surface slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface (290.6 feet above mean sea level) and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline.

(2)

Transitional zones: Transitional surfaces slope seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 440.6 feet (mean sea level).

(3)

Horizontal zone: The horizontal surface for the DeFuniak Springs Airport is established at 440.6 feet above mean sea level.

(4)

Conical zone: The conical surface slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal surface for a horizontal distance of four thousand (4,000) feet.

(f)

Use restrictions. Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this article in such a manner as to create physical or electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in the obstructed view of pilots using the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, take off, or maneuvering of aircraft intending to use the airport.

Sanitary landfills shall not be permitted within ten thousand (10,000) feet from the nearest point of any runway used or planned to be used by turbojet or turboprop aircraft and within five thousand (5,000) feet from the nearest point of any runway used only by piston-type aircraft. Landfills proposed outside these perimeters, but still within the lateral limits of the airport zones defined herein, a case-by-case review of a proposed landfill location will be conducted by the city.

This section prohibits the construction of an educational facility, public or private, at either end of the airport within an area which extends five (5) miles in a direct line along the centerline of the runway, and which has a width measuring one-half (½) the length of the runway. Exceptions approving construction of an educational facility within the delineated area shall only be granted when the city makes a specific finding detailing the public policy reasons for allowing the construction outweigh health and safety concerns prohibiting such a location.

(g)

Existing nonconforming uses.

Regulations not retroactive: The regulations prescribed in this article shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this article, or otherwise interfere with continuance of a nonconforming use. Nothing contained therein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this article, and is diligently prosecuted to completion within a reasonable time after such effective date.

Marking and lighting: Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such obstruction markings and obstruction lights as shall be deemed necessary by the city manager or designee to indicate to the operators of aircraft in the vicinity of the airport the presence of such obstruction. Such obstruction markings and obstruction lights shall be installed and maintained at the expense of the City of DeFuniak Springs.

(h)

Required noise attenuation measures. Except as otherwise provided in this article, noise-sensitive structures erected or substantially altered within the boundary of the airport overlay district must incorporate outdoor-to-indoor noise level reduction measures into the design and/or construction of the structure.

(1)

Noise attenuation performance standards: The performance standard for the level of sound attenuation for noise-sensitive structures constructed or substantially altered in the airport noise overlay district zone will be equivalent to achieving an interior noise level of forty-five (45) dB(A-weighted).

(2)

Noise attenuation methods: Noise reduction shall be accomplished through design standards and/or construction materials as provided in the Florida Building Code, latest edition, as revised, or upon submission of a certification from a registered architect or engineer, with acoustical experience that the plans for the structure include noise attenuation measures adequate to meet the requirements of this section and approved by the planning director. In all cases, construction must conform to the general requirements of the Florida Building Code, latest edition, as revised.

(3)

Noise attenuation in noise-sensitive commercial structures: Only those portions of commercial structures associated with noise-sensitive activities must incorporate noise level reduction measures sufficient to achieve an interior noise level of 45 dB(A-weighted).

(i)

Conditions precedent to issuance of building permit and certificate of occupancy in regard to noise attenuation.

(1)

No building permit for any structure to be constructed, reconstructed, or enlarged within the airport noise district shall be issued until the planning director or designee, reviews the building permit application submittal and determines: (a) whether the structure is subject to the requirements of this article; and (b) that the structure, if subject to the requirements of this article, will conform to the requirements of this section.

(2)

An application for a building permit for a structure to be constructed, reconstructed or enlarged within the airport noise district shall be accompanied by a plat or plan showing the location of the lot to be built upon, the location of the proposed structure, a certification from a registered architect or engineer, with acoustical experience that the plans for the structure include noise attenuation measures adequate to meet the requirements of this section; together with such information regarding proposed design and construction and such other information as the planning director or designee, may deem necessary to determine the conformity of the proposed structure with the requirements of this article.

(j)

Permits and variances.

(1)

Future uses: Except as specifically provided in (1) and (2) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient information to determine whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved.

a.

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than fifty (50) feet of vertical height above the established airport elevation.

b.

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than five thousand (5,000) feet from the inner edge of the approach slope surface, no permit shall be required for any tree or structure less than thirty-five (35) feet of vertical height above the established airport elevation.

(2)

Existing uses: No permit shall be granted that would allow the establishment or creation of an obstruction or would permit a nonconforming structure or tree or nonconforming use to be made or become higher or to become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made.

(3)

Nonconforming, abandoned or destroyed buildings or structures: Whenever the city manager or designee determines that a nonconforming tree, building, or structure has been abandoned, destroyed or damaged by any cause, physically deteriorated or decayed, and the cost of restoring the building or structure to a condition comparable to its condition immediately prior to the destruction or damage exceeds fifty (50) percent of the value prior to the destruction or damage, the building or structure shall not be restored unless the building or structure, as restored, will thereafter conform to all requirements of the height zoning district. No permit shall be granted that would allow such building or structure or tree to exceed the applicable height limit or otherwise deviate from the height zoning regulations.

(4)

Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in the article, may apply to the airport zoning board of adjustment for a variance from such regulations. The application for variance shall be accompanied by a copy of the completed FAA Form 7460 (Notice of Proposed Construction or Alteration) submitted to the FAA and the FAA's subsequent determination (Aeronautical Study) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this article. No variance shall be approved solely on the basis that such proposed structure will not exceed federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29, or any other federal aviation regulation. Additionally, no application for variance to the requirements of this article may be considered by the airport zoning board of adjustment unless a copy of the application has been furnished to the City of DeFuniak Springs city manager's office for advice as to the effects of the variance on the safe and efficient operation of the airport. If the city manager does not respond to the application within twenty-one (21) calendar days after receipt, the airport zoning board of adjustment may act on its own to grant or deny said application.

(5)

Obstruction marking and lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, obstruction markings and lights. Such markings and lights would conform to applicable FAA standards. If deemed proper by the zoning board of adjustment, this condition may be modified to require the owner to permit the City of DeFuniak Springs, at its expense, to install, operate, and maintain the necessary markings and lights.

(6)

Permit application requirements: An application for a permit shall be accompanied by a map clearly depicting the location and extent of the subject property in relation to the airport. In addition to the location map, the application shall include a detailed site plan depicting the property boundary; location of existing and proposed buildings, structures or trees; topographic and ground elevation information for the site; proposed finished floor or base elevations for buildings and structures; and, planned height of buildings, structures or trees (including antennae or other protruding appurtenances).

(k)

Enforcement. It shall be the duty of the City of DeFuniak Springs city manager or designee to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the city manager or designee upon forms published for that purpose. Applications required by this article to be submitted to the city manager or designee shall be promptly considered and granted or denied. Applications for action by the airport zoning board of adjustment shall be forthwith transmitted by the city manager or designee.

(l)

Violations of section constitute violation of building code. Any violation of this section shall be deemed a violation of the building codes of the City of DeFuniak Springs and shall be subject to the violation and penalty provisions set out in section 18-8 of this Code as now or hereafter in force.

(m)

Airport advisory board.

(1)

Airport advisory board: The city council of the City of DeFuniak Springs shall be the airport zoning board of adjustment and shall consider applications for variances and relief of the requirements of this article.

(2)

Powers: The airport advisory board shall have and exercise the following powers:

a.

To authorize in specific cases such variance from the terms of this article as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the article will result in unnecessary hardship, and so that the spirit of the article shall be observed and substantial justice done. The airport advisory board shall not grant a variance to the terms of this article if the hardship is self-imposed by the applicant.

b.

To hear and decide special exceptions to the terms of this article upon which the airport zoning board of adjustment may be required to pass under these regulations.

c.

To hear and decide appeals from any order, requirement, decision, or determination made by the city manager or designee in the enforcement of this article.

(3)

Rules and election of officials: The airport advisory board shall adopt rules for its governance which are the same as the city council and in harmony with the provisions of this article. The mayor shall be the chairman and preside at meetings; the mayor pro-tem shall be the vice-chairman to preside at meetings in the absence of the chairman.

(4)

Meetings: Meetings of the airport advisory board shall be held at the call of the chairman and at such other times as the airport advisory board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the airport zoning board of adjustment shall be public. The airport advisory board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record.

(5)

Basis for actions: The airport advisory board shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or ordinance which come before under the provisions of this article.

(6)

Vote: The concurring vote of a majority of the members of the airport advisory board shall be sufficient to reverse any order, requirement, decision, or determination of the zoning official or decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect variation to this article.

(7)

Retention of documents: The airport advisory board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called on by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(n)

Judicial review. Any person aggrieved by any decision of the airport advisory board or the city manager or designee, or any governing body of a political subdivision which is of the opinion that a decision of the airport advisory board or the city manager or designee is an improper application of airport zoning regulations of concern to such governing body, may appeal to the Walton County Circuit Court.

(o)

Remedies for violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this article, the City of DeFuniak Springs, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land to prevent any illegal act, conduct, business or use in or about such premises.

(p)

Filing. An official, true and correct copy of the DeFuniak Springs Airport Overlay District and Height Zoning Ordinance and Exhibits shall be filed with the Walton County Clerk of Court and also maintained at the City of DeFuniak Springs Planning Department, which shall be responsible for the administration of the DeFuniak Springs Airport Overlay District and Height Zoning Ordinance.

(Ord. No. 881, § 18.52, 6-26-2017)

(a)

Intent and purpose. The intent of this section is to encourage the unified development of tracts of land by permitting, within the confines of an overall density limitation, much more creative and flexible concepts in site planning than would otherwise be possible through the strict application of district requirements established in these regulations. Where such flexibility is permitted, planned development project (PDP) design and construction shall follow a carefully devised plan of development which shall be prepared in accordance with the requirements and procedures herein prescribed.

(b)

Definition. For the purpose of these regulations, a planned development project contains:

(1)

Land under unified control, planned and developed as a whole in a single development operation or programmed series of development operations;

(2)

Principal and accessory uses and structures substantially related to the character of the development in the context of the district of which it is a part;

(3)

Comprehensive and detailed plans which include streets, utilities, lots or building sites, site plans, structures and their relationship to each and to other uses and improvements, as well as to open spaces; and,

(4)

A program for provision, maintenance and operation of all areas, improvements, facilities and services which will be for common use by some or all of the occupants of the development, specifying those to be operated or maintained by the developer, and any proposed for public acceptance.

(c)

General regulations. The general regulations for all planned development projects shall be as follows:

(1)

Construction of all PDP's shall be initiated within one (1) year after approval of the final plan.

(2)

The owner of a PDP shall provide and permanently maintain the areas required for landscaping purposes.

(3)

The applicant of a PDP shall be required to provide a detailed statement of assurances including covenants, agreements or other specific documents, showing ownership and method of providing perpetual maintenance to be applied to those areas within the project that are to be used for open space, recreational or other common or quasi-public purposes. Such a statement, if required shall be attached to the preliminary and final plans as special conditions.

(4)

Approval of a development order for a PDP shall be conditioned upon the applicant providing an instrument of financial security acceptable to the city manager, such as an open-end letter of credit or a bond in the amount of one hundred ten (110) percent, of the improvements required, including streets, utilities, landscaping, etc. If the PDP is to be developed in separate phases, an instrument of financial security shall be required for each separate phase.

(5)

An applicant for a PDP may include a proposed division of the tract of land within the project property lines into one (1) or more separately owned and operated units. Such proposed divisions, if approved along with the proposed planned development project and if in compliance with the subdivision regulations shall be permissible without further proposed subdivision regulation approval. All projects which include a proposed subdivision of the total tract of land within the property lines into one (1) or more separately owned and operated units shall, if approved, be subject to all attached special conditions and all existing subdivision regulations.

(6)

There shall be no subdivision of an approved planned development project unless such subdivision is in conformance with the originally approved and recorded final plat or an amended final plat of the planned development project has been approved and recorded.

(7)

There shall be no change, alteration, amendment or extension of any approved planned development project final plan unless such change, alteration, amendment or extension is approved in conformance with the procedures for filing a PDP.

(8)

Construction of all PDP's shall be completed within a designated period after approval of the final plan. The city council may grant an extension of completion time when such extension is deemed reasonable and necessary by the city council.

(d)

General standards. In any planned development project, although it is permissible to depart from conformance with the principal building and single-lot diminution of the regulations and standards set forth for planned development projects.

(1)

Applications for approval of planned developments projects shall be reviewed by the technical review committee (TRC) and the planning board. The planning board will forward a recommendation to the city council which shall make a determination regarding development order approval. The technical review committee and planning board shall examine the proposed PDP with particular attention to the following criteria:

a.

The influence the proposed project may be expected to have on existing or future development in surrounding areas and the achievement of a desirable spatial relationship between the buildings and the land, and between the buildings themselves.

b.

To ensure that the roads, thoroughfares, streets and accompanying access points proposed are suitable and adequate to carry anticipated traffic and increased land use intensity will not generate traffic in such amounts as to overload the existing or proposed street network.

c.

To ensure that existing or proposed utility services are adequate for the population densities or land use intensities proposed.

d.

To ensure that the proposed project reflects the overall location standards and principles of land use arrangement and design as set forth in the comprehensive plan and especially the land use plan for the area.

(2)

Off-street parking shall be provided on the site so that there will be no generation of automobile parking on any street or access road.

(3)

All off-street parking facilities proposed to be located either below or above ground level shall be designed and constructed so that entrance and exit ramps do not result in direct or indirect traffic congestion on the site or on adjacent streets.

(4)

Areas shall be provided for the parking, loading and unloading of delivery trucks and other vehicles and for the servicing of buildings by refuse collection, fuel and other service vehicles in addition to the required automobile parking spaces. Such areas shall be adequate in size and so arranged that they may be used without blockage or interference with the use and access ways of automobile parking facilities.

(5)

A landscaped separation strip at least five feet in width shall be provided and maintained by the developer along all access roads on which any off-street parking space is located.

(6)

Access points on all collector or arterial streets serving a PDP shall be properly located and spaced in accordance with local and state regulations. The development approval authority may approve the use of temporary access points that shall be eliminated by the developer when access roads or other streets are extended to the permanent access points.

(7)

No planned development project shall be permitted vehicular access to a minor residential street unless specifically approved by the development approval authority (city council).

(8)

Lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining street and properties.

(9)

All planned development projects shall consider the need for pedestrian and bicycle circulation facilities.

(10)

All planned development project building construction shall conform to all local, state and federal regulations pertaining to the particular type of building or buildings proposed. The developer shall provide assurance of such compliance upon submittal of detailed construction plans for review.

(11)

The technical review committee or planning board may recommend and city council may require any reasonable special condition necessary to ensure that there shall be no departure from the intent of these regulations. Because a PDP is inherently more complex than a single lot development and because each project must be tailored to the topography and neighboring uses, the standards and special conditions for such projects cannot be inflexible.

(e)

Development standards. All planned development projects shall be subject to the following regulations for the specific type of development to allow city council to grant variances and allow for flexibility.

(1)

Residential planned development project.

a.

Intent: The intent is to permit and encourage the development of single-family and multi-family developments with a common open area of green space and to provide the necessary commercial development to service the residents within the planned development project.

b.

Permitted districts: A residential planned development project shall be permitted in any residential district upon approval by the city council.

c.

Permitted uses: Uses permitted in a residential PDP shall be as follows:

1.

Single-family detached residence, two-family and multiple-family dwelling units (including townhouses, row houses, garden apartments, and condominiums).

2.

Parks and playgrounds, landscaped areas and greenbelts.

3.

Uses such as schools, hospitals, clinics, restoriums, government offices and similar uses.

4.

Professional and business offices, clinics and studios.

5.

Financial institutions.

6.

Recreation and amusement establishments, providing that all business activity, both indoor and outdoor, shall be conducted in accordance with applicable city ordinances.

7.

Clubs, lodges, golf course and club house.

8.

Docks and marinas.

9.

Commercial areas limited to establishments intended to primarily serve the residential uses, provided that all merchandise shall be stored and displayed within fully enclosed buildings. Such commercial uses shall not occupy more than five (5) percent of the total acreage devoted to residential uses, excluding street rights-of-way.

10.

Airparks developed in accordance with these regulations and FDOT and FAA requirements.

d.

Compatibility: The tract of land must be suitable for residential PDP by virtue of its location, shape, topography and the nature of surrounding development.

e.

Standards: The following standards shall be met in the development of a residential PDP:

1.

Every structure containing dwelling units shall have access to a public street directly or via a city walkway or other area dedicated to public use or owned and maintained by a homeowners association. Dwelling units need not front a road.

2.

No minimum lot size or setback shall be required for residential structures within the PDP, except that the total acreage of commercial space or non-residential uses shall be not more than five (5) percent of the total acreage devoted to residential uses, excluding street rights-of-way.

3.

The standards for maximum floor space, and for minimum recreational space, outdoor living space, open space and parking space shall be related to the land use intensity ratings and standards as established in Florida Building Code. Density of development shall be determined by the development approval authority.

f.

Minimum area: Any tract of land for which a residential PDP application is made shall contain a minimum amount of land as specified for by the following types of development:

Residential PDP Minimum Area

(2)

Mobile home planned development project.

a.

Intent: The intent of a mobile home planned development project is to develop a mobile home park or subdivision that is created in a manner that is suitable for location among other residential uses.

b.

Permitted districts: A mobile home PDP shall be permitted in any R-2 and R-1 residential district upon approval by the city council.

c.

Permitted uses: Uses in a mobile home PDP shall be as follows:

1.

Mobile homes.

2.

Parks and playgrounds, landscaped areas and greenbelts.

3.

Uses such as schools, churches, hospitals, clinics, restoriums, government offices and similar uses.

4.

Recreation and amusement establishments, providing that all business activity, both indoor and outdoor, shall be conducted in accordance with applicable city ordinances.

5.

Clubs and lodges, golf course and club house.

6.

Docks and marinas.

7.

Commercial areas limited to establishments intended to primarily serve adjacent residential area, provided that all merchandise shall be stored and displayed within fully enclosed buildings. Such commercial uses shall not occupy more than five (5) percent of the total acreage devoted to residential uses, excluding street rights-of-way.

d.

Compatibility: The tract of land must be suitable for a mobile home planned unit development project by virtue of its location, shape, topography and the nature of surrounding development.

e.

Standards: All mobile home planned development projects shall conform with the following minimum standards of development.

1.

Every mobile home unit shall have to abut a public street directly or via a city sidewalk or other area dedicated to public use or owned and maintained by a home association.

2.

Mobile homes need not front a road.

3.

No minimum lot size or setback shall be required for mobile home dwellings within the PDP, except mobile home dwellings on the perimeter shall provide a twenty-five (25) foot minimum greenbelt separation from adjoining developments.

4.

No minimum lot size or setback shall be required for commercial or non-residential uses except that the total acreage of commercial or non-residential uses shall not be more than five (5) percent of the total acreage devoted to residential uses excluding street rights-of-way.

5.

The standards for maximum floor space and for minimum recreation space, outdoor living space, open space and parking space shall be related to the land use intensity ratings and standards as established in the FL Building Code.

f.

Minimum area: The minimum area for a mobile home PDP shall be as follows:

Mobile Home PDP Minimum Area

(3)

Commercial planned development project.

a.

Intent: The intent of a commercial planned development project is to provide for creativity and quality of design in the development of commercial facilities either separately or in connection with residential or other uses.

b.

Permitted districts: A commercial PDP shall be permitted in all commercial and industrial districts and in R-2 districts.

c.

Permitted uses: The following uses shall be permitted in a commercial PDP:

1.

Comparison goods store.

2.

Convenience goods store.

3.

Antique stores.

4.

Personal service establishments.

5.

Business, professional and non-profit organization offices.

6.

Public offices.

7.

Restaurants.

8.

Indoor motion picture theatres.

9.

Helicopter landing facilities and airfields developed in accordance with these regulations and FDOT and FAA requirements.

10.

Other substantially similar uses upon approval of the city council.

d.

Compatibility: The tract of land must be suitable for a planned commercial development by virtue of its location, shape, topography and the nature of the surrounding development.

e.

Standards: The following standards shall be adhered to in the development of a commercial PDP.

1.

All drives permitting ingress and egress into and off the site shall be designed in a manner that is safe and will minimize the amount of traffic congestion.

2.

Marginal access roads with pavement of sufficient width to accommodate projected traffic volume shall be provided along any thoroughfare frontage. However, alternate access designs sufficient to accommodate projected traffic volumes may be provided where applicable or more appropriate to the design or location of the site or of the abutting thoroughfare.

3.

A visual screen shall be provided wherever the commercial PDP abuts a residential district or residential use. Such screening shall be in the form of walls, fences or landscaping, shall be at least six (6) feet in height, and shall be at least fifty (50) percent opaque as viewed from any point along said residential lot line. When landscaping is used for screening, the height and opacity requirements shall be attained within eighteen (18) months after planting.

4.

The city council, if deemed necessary, may place any other requirements or restrictions on the developer of the commercial PDP.

f.

Minimum area: The minimum area for a commercial PDP shall be as follows:

Commercial PDP Minimum Area

(4)

Industrial planned development project:

a.

Intent: The intent of an industrial planned development project is to provide for creativity and quality of design in development of industrial facilities either separately or in connection with residential, commercial or other uses.

b.

Permitted districts: An industrial PDP shall be permitted in the following districts: C-1, C-2, and L-I.

c.

Permitted uses: The following uses shall be permitted in an industrial PDP:

1.

Light manufacturing.

2.

Non-hazardous research, development and testing laboratories.

3.

Heavy manufacturing.

4.

Heavy research, development and testing laboratories.

5.

Light and/or heavy wholesale and storage establishments.

6.

Helicopter landing facilities and airfield developed in accordance with these regulations FDOT and FAA criteria.

7.

Other substantially similar uses upon approval of the city council.

d.

Compatibility: The tract of land must be suitable for an industrial PDP by virtue of its location, shape, topography, and the nature of surrounding development.

e.

Standards:

1.

Any industry located in or adjacent to residential development shall be free of any form of pollution (noise, air, water and visual). The industry shall be developed in accordance with performance standards established in this article.

2.

All access and egress roads and internal circulation shall be designed in a manner that is non-hazardous and will minimize the amount of traffic congestion.

3.

All buildings shall be located at least seventy-five (75) feet from all property lines (two hundred (200) feet when abutting residential uses or districts) and at least seventy-five (75) feet from the right-of-way line of any street serving the project. The city council may reduce or increase the requirements based on the type of industry developed in the project.

4.

A landscaped separation, strip, at least twenty-five (25) feet in width shall be provided along all property lines and at least ten (10) feet in width along all streets serving the project. More or less screening may be required at the discretion of the city council.

5.

No sign shall extend or project more than two (2) feet above or beyond the building or the building walls. All signs must relate only to the name and use of the establishment and premises or to the products manufactured herein. Two (2) freestanding signs to identify the planned industrial project shall be permitted after their design has been approved as shown on the industrial PDP detailed and final plan.

f.

Minimum area: The minimum area for an industrial PDP is as follows:

Industrial PDP Minimum Area

(5)

Mixed use planned development project.

a.

Intent: The intent of a mixed use planned development project is to provide for the combining of uses in a planned and controlled manner so as to create an environment suitable for all phases of life. The preserving of open space and the development of ample recreation facilities are of the utmost concern in the development of the project.

b.

Permitted districts: Mixed use PDP's, shall be permitted in all commercial and industrial districts, and in R-2 districts.

c.

Permitted Use: A mixed use planned development project may include any two (2) or more of the planned development projects. The premises of a combined planned development project shall be used for only those uses designated in the respective planned development project regulations of this ordinance. The development projects include the following:

1.

Residential planned development project.

2.

Mobile home planned development project.

3.

Planned commercial development project.

4.

Planned industrial development project.

d.

Compatibility: The tract of land must be suitable for a mixed use planned development project by virtue of its location, shape, topography and nature of surrounding development.

e.

Standards: In any mixed use planned development project, although it is permissible to provide a mixed and integrated development, there shall be no diminution of the required land area, parking and circulation area, open space dimensions, standards and regulations that would be required for each type of building and use if it were submitted as a separate planned development project. For the purpose of computing the total requirements, it shall therefore be necessary to submit a breakdown and justification for each type of building and the use by its specific category, i.e. residential, mobile home, commercial and industrial and the manner in which each meets the requirements for such buildings and uses as set forth in the respective planned development project regulations.

f.

Minimum area: The minimum area for combined planned development projects shall be as follows:

Mixed Use PDP Minimum Area

(f)

Procedure for filing a planned development project:

(1)

Pre-application conference (optional).

a.

Conference: A pre-application conference with the technical review committee may be requested at the option of the developer. This conference provides the developer an opportunity to gather information and obtain guidance as to general conformity of the planned development project with the area in which it is proposed, and with the provisions of these regulations prior to entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data.

b.

Points: During a pre-application conference, particular attention should be given to:

1.

The present uses and character of the area,

2.

The road and street system, especially:

A.

Interior neighborhood through routes,

B.

Collector and arterial streets both existing and proposed,

C.

The rights-of-way widths for all roads and streets,

3.

Public and private open space parks, and trails,

4.

Public utilities and services or their counterpart:

A.

Water,

B.

Sewer,

C.

Fire protection,

D.

Stormwater management,

E.

School facilities,

5.

Type structures to be built,

6.

Proposed uses to be developed.

(2)

Conceptual development plan (optional): The developer shall make application for approval of a planned development project to the planning department. The application may be filed on the basis of a conceptual plan as contained in this section or the developer may, at this option, omit this step and file his application based on a detailed plan as contained in this article.

a.

Purpose: The purpose of a conceptual plan is to provide an opportunity for a plan to be submitted to the technical review committee and planning board showing the intent of the developer and the nature of development with as little expense as possible. This conceptual plan may serve, at the option of the developer, as the basis for the required public hearing, which, thus, can be held in the early stages of the proposal.

b.

Maps and written statements: The conceptual plan shall include required maps and the written statement setting forth the details of the proposed development. Maps must depict the area surrounding the proposed development and demonstrate the relationship of the PDP to the adjoining uses; both existing and those proposed by the developer.

The maps shall be in a general schematic form and shall contain the following information:

1.

The approximate topography;

2.

Proposed land uses and the approximate location of existing and proposed buildings and other structures on the site and existing buildings, structures and uses adjacent to the site;

3.

The proposed character and approximate density of dwellings;

4.

The approximate location of all streets and rights-of-way, walkways, and parking facilities;

5.

Public uses including schools, parks, playgrounds and other open spaces;

6.

Maps shall indicate which facilities are to be public or private.

c.

The written statement shall contain an explanation of:

1.

The character of the proposed development and the manner in which it has been designed to take advantage of the PDP concept;

2.

The proposed sewage disposal facilities, water supply and stormwater drainage provisions;

3.

The manner of financing proposed;

4.

The present ownership of all of the land included within the planned development project;

5.

The method proposed to maintain private common open areas, buildings and other facilities; and

6.

The general indication of the expected schedule of development.

d.

Public hearing: A public hearing is required for approval of all PDP's and may be held based on the conceptual plan or on the detailed plan at the option of the developer. All property owners within five hundred (500) feet of the boundaries of the proposed PDP will receive notification of the public hearing. Costs of such notification shall be paid by the developer prior to advertisement of the hearing.

e.

Conceptual plan approval:

1.

If, after a public hearing, the planned development project is approved by the city council, then a resolution shall be passed by the city council stating that they will designate the specified area as a PDP, provided that the city council approves the detailed plan, or final plan, as is appropriate.

2.

In the event the city council has conditioned its approval upon required modifications to the plan, then such conceptual plan approval shall not be effective until the developer has filed, with the planning department written agreement to modify the plan as required.

3.

If a detailed plan covering the area in the conceptual plan has not been filed within six (6) months from the date of approval of the conceptual plan, the approval shall expire. The city council at its discretion, may extend for additional periods not in excess of six (6) months each, the filing of the detailed plan when, good cause for such extension is shown.

(3)

Detailed plan:

a.

Purpose: The purpose of the detailed plan is to provide a specific and particular plan upon which the city council will base its decision. Substantial compliance with the detailed plan is necessary for the preparation of the final plan. When seeking approval of a planned development project, the detailed plan should be filed as follows:

1.

As the initial plan if no conceptual plan has been approved at the time application is made, or

2.

As the second step plan when a conceptual plan has been approved. The detailed plan may be submitted in stages or in its entirety, within six (6) months following its approval, unless an extension has been granted.

b.

Maps and written statement: If a conceptual plan has not been filed and approved, then the detailed plan must include the following information in addition to that required for the conceptual plan and written statement.

1.

A map showing:

A.

Street location and nature of improvements;

B.

Lot lines and lot design;

C.

The landscaping and tree planting plan; and

D.

Stormwater drainage system.

2.

Areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and similar uses.

3.

A site plan for each building, except single-family lots, and the common areas, showing the approximate location of all buildings, structures, and improvements, and indicating the open spaces around the buildings and structures.

4.

Elevation and perspective drawings of all typical proposed structures and improvements except single-family residences and their accessory buildings. The drawings need not be the result of final architectural designs and need not be in construction detail.

5.

A development schedule indicating:

A.

The approximate date when construction of the project can be expected to begin;

B.

The phases in which the project will be built and the approximate date when construction of each phase can be expected to begin;

C.

The approximate dates when the development of each of the phases in the development will be completed; and

D.

The area and location of common open space that will be provided for each phase.

6.

Agreements, provisions, declarations or covenants which govern the use, maintenance and continued protection of the planned development project and any of its common open areas.

7.

The following plans and diagrams will be provided when the Technical review committee or planning board finds that the PDP creates special problems for traffic or parking:

A.

An off-street parking and loading plan;

B.

A circulation plan indicating the proposed movement of vehicles, goods and pedestrians, within the PDP and to and from existing thoroughfares; and

C.

Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of this circulation pattern must be shown.

c.

Detailed plan approval:

1.

If a conceptual development plan was not submitted and approved, the detailed plan shall be considered in the same manner as provided for in the conceptual plan.

2.

If a conceptual plan was submitted, the public hearing was held and the conceptual plan was approved, then the technical review committee and the planning board shall compare the detailed plan with the conceptual plan and with the standards set forth in these regulations. If the detailed plan conforms substantially to the conceptual plan and to the standards set forth in these regulations, the city council shall grant approval of the detailed plan. The city council may place conditions upon its approval to ensure conformance to the plan as approved.

3.

Duration of approval. City council approval of the detailed plan shall be valid for a six-month period following the date of such approval. At its discretion, the city council may extend detailed plan approval for additional six-month periods.

d.

Disapproval of detailed plan: In the event the city council is unable to find the detailed plan in substantial conformance to the purpose and intent of the conceptual plan, the city council shall not grant approval of the plan as submitted.

e.

Site improvements: The developer, at his option, may construct street improvements, sidewalks, utilities and other permanent site improvements after detailed plan approval. The location of the buildings may be staked and applications for building permits may be submitted. Under no circumstances, however, will any building permit be issued until final plan approval has been granted and the necessary portions of the final plan recorded. The construction of improvements must be in accordance with the detailed plan and the provisions of these regulations, to obtained final plan approval.

(4)

Final plan.

a.

Public record: The final plan is the permanent public record of the PDP and will be the manner in which the development is constructed as provided herein.

b.

Contents: The final plan shall be filed within six (6) months of the date of approval of the detailed plan and shall contain, in final form, the information required for the detailed plan. In addition, the following will apply:

1.

If parcels of land are to be sold, then a subdivision plat in the form prescribed by the city council shall be filed for approval in the appropriate manner.

2.

If land within the planned development project is not to be sold in individual parcels, then a site plan shall be prepared and filed with the city council which is suitable for inclusion in the deed records of the county. A permanent reproducible transparency of the final plan shall be filed with the planning department.

3.

Condominium plats do not need to be filed with, or approved by city council. They are to be recorded as a distinct and separate act from the documents noted in items "1" and "2".

c.

Final plan approval: The city council shall review the final plan and shall approve the final plan if it is in substantial conformance with the approved detailed plan.

1.

The city council shall require, as a condition of approval, the submission of satisfactory evidence that the improvements will be constructed, such as an instrument of financial security referenced in subsection (c)(4).

2.

The city council shall not approve the final plan or any phase of the planned development project if the average of the allowable dwelling units per acre, up to and including the phase which is to be approved, exceeds by more than ten (10) percent the average number of dwelling units per acre which is allowable for the entire PDP.

3.

Upon final approval and after all conditions have been met, the city council shall approve the recording of the final plan in the deed records when parcels are to be sold. In the instance where parcels are to be sold, the developer will process and have recorded the subdivision plat in the manner designated by Walton County.

(5)

Substantial conformance: The determination of substantial conformance between the detailed plan and the final plan shall be at the discretion of the city council. Variation in conformance is intended solely to facilitate the minor adjustments which may be necessary as the plans approach a final construction stage. The city council may refuse to grant approval of substantial conformance if, in their opinion, the adjustments are being used to significantly modify the approved plan.

(g)

Manner of designation. Any land for which an application for a planned development project has been approved shall be designated on the official zoning map by the letters "PDP" — "Number". The "Number" shall be progressive as the projects are approved. The PDP designation shall not constitute a change in the district boundary, but shall serve as an overlay district. As such, approval of a PDP shall not require an amendment to the city's Future Land Use Map or Zoning Map, if the PDP is allowed within the district in which it is approved.

(Ord. No. 888, 11-27-2017)

Editor's note— Ord. No. 888, adopted November 27, 2017 set out provisions to be included as 18-53, insofar as a section 18-53 already exist, these provisions have been included as section 18-52.1, at the discretion of the editor.

The planned development (PD) zoning district is intended to provide areas for planned development projects (PDP) that are relatively large in scope, larger than forty (40) acres. The planned development concept is intended to provide for flexibility and large-scale planning relating to the location of land uses and density/intensity.

The associated planned development project (PDP) shall govern all bulk regulations such as uses allowed without review, use exceptions allowed upon special approval, prohibited uses, and yard setbacks. The following minimum regulations shall not be exceeded by the PDP documents.

(a)

Density. No more than twenty-four (24) dwelling units per acre.

(b)

Intensity. Non-residential intensity shall not exceed a floor area ratio of one (1.0).

(c)

Permitted land uses. All uses allowed in the city, to be further specified, or limited, in an approved planned development project (PDP) document.

(d)

Mixture of land uses. Mixture and location of land uses shall be defined by the PDP documents.

(e)

Conservation/wetlands. Estimates of wetlands shall be shown, however, they shall not be deemed in conservation until the issuance of a development order, or detailed PDP approval.

(Ord. No. 908, § 3, 4-13-20)