(a)

The following regulations shall apply to travel trailers, which includes, recreational vehicles, camping trailer, truck camper, and private motor coach as defined by F.S. § 320.01:

(1)

A travel trailer shall not be considered to be permittable as a dwelling unit or as an accessory building.

(2)

No persons shall occupy a travel trailer for living purposes except:

a.

In an approved RV park.

b.

During or immediately following a state of emergency, whereby the city manager grants express permission for the use of such travel trailer for a limited period of time to serve as housing given hardship attributable to the state of emergency.

c.

As a temporary shelter incidental to construction on or development of the premises on which the trailer is located, and in such an instance only during the time construction or development is actually underway.

This subsection shall not be deemed to prevent the use of travel trailers for allowing guests to stay overnight for periods of time agreeable to the owner of the dwelling unit and property said travel trailer is located.

(b)

The following provisions shall apply to mobile homes (any dwelling constructed to HUD standards) and manufactured housing sited within the city limits sited within the city limits. These provisions shall not apply to any single or multi-family dwelling that is constructed to the Florida Building Code that are classified as modular homes.

(1)

Mobile homes and manufactured housing units shall be sited in an approved and duly recorded mobile home subdivision as provided for in this article IV, "Subdivisions," or in "mobile home parks" as provided in section 18-54.

(2)

Any person desiring to cite mobile homes or manufactured housing units in an approved and duly recorded mobile home subdivision and/or mobile home park shall comply with the following standards:

a.

Provide proof that the dwelling unit has met the requirements of either the U.S. Department of Housing and Urban Development Manufactured Housing Construction and Safety Standards or the Florida Manufactured Building Act.

b.

Comply with electrical requirements as provided in the latest edition of the National Electrical Code.

c.

Comply with installation requirements as provided by the Florida Administrative Code and the latest edition of the FBC.

d.

Comply with the land development regulations ex: Install skirting around manufactured housing unit.

(3)

Variance procedures for siting of mobile homes or manufactured housing units in areas other than mobile home subdivisions and/or mobile home parks:

a.

Any person proposing to site a mobile home or manufactured housing unit in other than a mobile home subdivision or mobile home park shall request a variance as provided for in article IV, section 18-36.

(4)

Any person receiving a variance to site a mobile home or manufactured housing unit in other than a mobile home subdivision or mobile home park shall comply with the following:

a.

All mobile homes or manufactured housing units must be removed within thirty (30) days from the date of the termination of the variance period, or within thirty (30) days from the time the need for said variance ceases to exist, whichever comes first. At the point in time when the property for which the variance was granted is sold or transfers ownership, the variance shall be terminated, and the mobile home or manufactured housing unit must be removed within thirty (30) days.

b.

If the mobile home or manufactured housing unit has not been removed or a new variance granted at the end of the thirty-day grace period, all utilities shall be cut off, and a fine shall be assessed at the rate of one hundred dollars ($100.00) per day for each day the mobile home remains following the termination of the thirty-day grace period.

c.

All mobile homes or manufactured housing variances issued prior to March 1, 1987, shall terminate March 1, 1988. All variances issued after March 1, 1987, shall be renewed in March each year.

d.

Prior to a variance renewal being issued the owner shall provide proof of assessment from the Walton County property appraiser or a current mobile home tag.

e.

Mobile homes or manufactured housing units located within the City of DeFuniak Springs, Florida, that were located within the city prior to the adoption of Ordinance No. 635, which did not require a variance for the location of said unit, shall continue to be exempt from the requirements of this section.

(Ord. No. 881, § 18.53, 6-26-2017; Ord. No. 906, (Exh. A), 3-9-2020; Ord. No. 915, 12-14-2020)

(a)

Standards. Special requirements for mobile home parks:

(1)

Site plan. A building permit for a mobile home park shall be issued only after review and recommendation of a site plan by the planning board and city council approval. To aid in the planning board's making its recommendation, a scaled and dimensioned site plan and a topographic map of the development, prepared by a qualified engineer, land surveyor, or architect shall be submitted. The site plan shall show, but shall not be limited to:

a.

Proposed standards for development, including restrictions of the use of the property, density standards and park regulations.

b.

Location of buildings and mobile homes in relation to property and lot lines.

c.

Location of off-street parking spaces and bays, internal circulation ways, ingress and egress points for the site.

d.

Public and semipublic open spaces, community facilities and landscaped areas, walls, patio and service areas (including garbage disposal areas), driveways, walkways as well as provisions for maintenance for all common areas.

e.

Plans for the provision of utilities, including water, sewer and drainage facilities and including also any provision for connection with public utilities.

f.

Plans for protection of abutting properties.

(2)

The minimum size allowed for mobile home parks is five (5) acres.

(3)

The width of streets is as follows: Twenty-seven (27) feet in width with twenty-four (24) feet of paved surface, curb and gutter to be used (eighteen (18) inches). Easy access for meter reading and utility hookups should be made available (subdivision rules regarding this matter should be followed). Roads when installed should have proper drainage.

(4)

Garbage refuse area should be made available. Use of dumpster is required.

(5)

Individual trailers should be parked on fifteen (15) degree to thirty (30) degree angles.

(6)

Set-back lines are as follows: Fifteen (15) feet from front; ten (10) feet from sides; and twenty (20) feet from rear (start at property line).

(7)

Regarding paving, use FDOT standards as per subsection 18-38(f) and subsection 18-38(g) of this Code.

(8)

Single cement pad between each trailer for parking vehicle shall be thirty-eight (38) feet in length and nine (9) feet in width.

(9)

Off-street parking only.

(10)

Each trailer should have some type skirting (standard type for mobile homes).

(11)

Each trailer should have proper under bedding unless on permanent foundation.

(12)

No repair shops of any type shall be located in the mobile home park (covered under zoning ordinance).

(13)

No hedges, plant, structures, or signs shall block intersections.

(14)

All wires and cables are to be underground and should be applied according to all applicable codes.

(15)

Street signs will be placed at each intersection and will be in compliance with the manual on uniform traffic control devices.

(16)

Shall maintain proper yard maintenance.

(17)

If park has recreational area, same shall be located within the mobile home park, but not in the green area.

(18)

No offensive activities allowed.

(19)

Mobile home parks should have a ten-foot green area adjacent to a public street and shall be attractive and maintained at all times. This required buffer may be included within a required setback.

(20)

Regarding other parties building around the park, refer to the zoning ordinance or subdivision ordinance.

(Ord. No. 881, § 18.54, 6-26-2017)

(a)

Community residential homes shall be allowed in residential districts subject to the following conditions. Community residential home means a dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services, which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents:

(1)

When a site for a community residential home has been selected by a sponsoring agency in a residential land use district, the agency shall notify the city manager or his designee in writing and include in the notice the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the district administrator of the Department of Health and Rehabilitative Services indicating the need for and the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of clients in the home. The district administrator shall also provide to the city manager the most recently published data compiled that identifies all community residential homes in the district in which the proposed site is to be located. The city manager or his designee shall review the notification of the sponsoring agency in accordance with applicable requirements of this code.

(2)

Pursuant to such review, the city manager or his designee may:

a.

Determine that the siting of the community residential home is in accordance with applicable requirements and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected.

b.

Fail to respond within sixty (60) days. If the city manager or his designee fails to respond within such time, the sponsoring agency may establish the home at the site selected.

c.

Deny the siting of the home.

(3)

The city manager or his designee shall not deny the siting of a community residential home unless the city manager or his designee establishes that the siting of the home at the site selected:

a.

Does not otherwise conform to existing regulations applicable to other or community uses in the area.

b.

Does not meet applicable licensing criteria established by the Department of Health and Rehabilitative Services, including requirements that the home be located to assure the safe care and supervision of all clients in the home.

c.

Would result in such a concentration of community residential homes in the area in proximity to the site selected, such that the nature and character of the area would be substantially altered. A home that is located within a radius of one thousand two hundred (1,200) feet of another existing community residential home shall be an overconcentration of such homes that substantially alters the nature and character of the area.

(4)

All distance requirements shall be measured from the nearest point of the existing home to the nearest point of the proposed home via a direct path of travel.

(b)

Upon receipt of the written notice from the sponsoring agency provided for in (1) above, the city manager shall notify the city council of the pending application. The city manager or his designee shall, within twenty (20) days of the receipt of the application, review the application and provide the council and the applicant with a written decision outlining reasons for the decision. The council may reverse the decision within ten (10) days from the date of the city manager's decision. The applicant may appeal the decision of the city manager or his designee by notifying the city manager within ten (10) days from the date of the city manager's decision. Appeals of the decision of the city manager or his designee shall be heard by the city council.

(Ord. No. 881, § 18.55, 6-26-2017)

(a)

Historical and archaeological resources protection provision for the City of DeFuniak Springs. During review of the building permit application, the authorized city authority will determine whether or not the proposed development is in an area of historical or archaeological significance as listed on the Florida Master Site File or the City of DeFuniak Springs' Comprehensive Listing of Historical and Archaeological Resources. If the site is located within the City of DeFuniak Springs Historical District, then the rules of subsection (b), below, apply.

Should it be determined that the proposed development is located on a site of historical or archaeological significance, the developer is required to have the site surveyed by a competent authority from any of the area colleges, universities, or junior colleges (e.g., Gulf Coast Junior College, University of West Florida, Florida State University, etc.). The results of the survey will be presented to the city to determine how development should proceed. If the site has been previously surveyed for its historical or archaeological significance, the results of that survey may be presented to the city for consideration as to how development should proceed. The city shall consider how development should proceed pursuant to the provisions listed under subsection (b)3, 4, 5, 6 and 7 below.

Should historical or archaeological resources be unearthed during development, construction, renovation, excavation, etc., the developer must notify the city immediately and development must stop for a reasonable period of time to be determined by the city so that a survey of the historical and archaeological resources can be conducted by a competent authority. The results of the survey will then be presented to the city to determine how development should proceed. The city shall consider how development should proceed pursuant to the provisions listed under subsection (b)3, 4, 5, 6 and 7 below.

A certificate of appropriateness must be obtained pursuant to subsection (b), below, prior to the demolition of any housing over seventy-five (75) years old or housing which is of historical or architectural significance, preservation alternatives shall be evaluated and the site shall be properly recorded.

(b)

City of DeFuniak Springs Historical District.

1.

Boundaries. The boundaries for the City of DeFuniak Springs Historical District shall be as follows:

Begin at the point of intersection of the southern right-of-way of East Main Avenue and the western right-of-way of Hillcrest Street, thence go southerly along the western right-of-way of Hillcrest Street to the northern right-of-way of College Avenue, thence go westerly along the northern right-of-way of College Avenue to the point of intersection with the western right-of-way of Second (2nd) Street, thence go southerly along the western right-of-way of Second Street to the point of intersection with the western extension of the southern right-of-way of Academy Street, thence go easterly along the western extension of the southern right-of-way of Academy Street to the northeast corner of Lot 113, thence go southerly along the East line of Lot 113 to a point 25 feet south of the North line of Lot 120, thence to west to the east line of Lot 121, thence go southerly along the east line of Lot 121 to the northern right-of-way of Jackson Avenue, thence go westerly along the northern right-of-way Jackson Avenue to the point of intersection with the western right-of-way Crescent Street, thence go southerly and westerly along the northern right-of-way of Crescent Street to the point of intersection with the western right-of-way of Hubbard Street, thence go southerly along the western right-of-way of Hubbard Street to the point of intersection with the northern right-of-way with South Park Avenue, thence go westerly along the northern right-of-way of South Park Avenue to a point ninety (90) feet west of the southeast corner of Lot 456, thence go ninety (90) degrees North seventy (70) feet, thence go ninety (90) degrees west to the western boundary line of Lot 458, thence go northerly along the western boundary line of Lot 458 to the southeast corner of Lot 464, thence go westerly along the southern boundary line of Lot 464 to the western right-of-way line of Thirteenth (13th) Street, thence go southerly along the western right-of-way line of Thirteenth (13th) Street to the northern right-of-way of South Park Avenue, thence to westerly along the northern right-of-way of South Park Avenue to the eastern right-of-way of Fourteenth (14th) Street, thence to northerly along the eastern right-of-way of Fourteenth (14th) Street to a point sixty-three (63) feet south of the southern right-of-way of Myrtle Avenue, thence go easterly parallel to the southern right-of-way of Myrtle Avenue to the western right-of-way line of Thirteenth (13th) Street, thence go northerly along the western right-of-way line of Thirteenth (13th) Street to a point seventy-two (72) feet north of the southeast corner of Block 1881, thence go westerly parallel to the south line of Block 1881 to the eastern right-of-way line of U.S. Highway 331, thence go northerly along the eastern right-of-way line of U.S. Highway 331 to a point 103 south of the north line of Block 1881, thence go westerly parallel to the north line of Block 1881 to a point two hundred twenty-five (225) feet west of the east line of Block 1881, thence go northerly parallel to the east line of Block 1881 one hundred three (103) feet to the south line of Block 1878, thence go westerly along the south line of Block 1878 to the west line of Block 1878, thence go northerly along the west line of Block 1878 four hundred seventy-six (476) feet, thence go easterly parallel to the south line of Block 1878 to a point two hundred (200) feet west of the western right-of-way line of Thirteenth (13th) Street, thence go northerly parallel to the western right-of-way line of Thirteenth (13th) Street two hundred ten (210) feet, thence go easterly parallel to the south line of Block 1878 to the western right-of-way line of Thirteenth (13th) Street, thence go northerly along the western right-of-way of Thirteenth (13th) Street to a point one hundred seventy-seven (177) feet south of the northeast corner of Block 1876, thence go west fifty (50) feet, thence go south 9.6 feet, thence go southerly one hundred twenty-one (121) feet, thence go westerly twelve (12) feet, thence go northerly 148.6 feet, thence go north seventy five (75) degrees west eighty (80) feet, thence go south fifteen (15) degrees west twenty-eight (28) feet, thence go north seventy-five (75) degrees west to the eastern right-of-way of U.S. Highway 331, thence go northerly along the eastern right-of-way of U.S. Highway 331 to the point of intersection with the southern right-of-way line of Live Oak Avenue, thence go westerly along the southern right-of-way line of Live Oak Avenue to the east line of the west one third (⅓) of Block 1877, thence go southerly along the east line of the west one third (⅓) of Block 1877 to a point one hundred (100) feet north of the northern right-of-way line of Orange Avenue, thence go westerly parallel with the northern right-of-way line of Orange Avenue to the eastern right-of-way line of Fifteenth (15th) Street, thence go northerly along the eastern right-of-way line of Fifteenth (15th) Street to the point of intersection with the northern right-of-way line of Live Oak Avenue, thence go westerly along the northern right-of-way line of Live Oak Avenue to a point one hundred twenty (120) feet west of the southwest corner of Block 1873, thence go northerly parallel to the west line of Block 1873 to the south line of the CSX Railroad right-of-way, thence go easterly along the south line of the CSX Railroad right-of-way to a point one hundred (100) feet west of the northeast corner of Block 1875, thence go southerly parallel to the east line of Block 1875 to a point one hundred thirty (130) feet north of the south line of Block 1875, thence go southeasterly parallel to the south line of Block 1875 to the eastern right-of-way line of Thirteenth (13th) Street, thence go north along eastern right-of-way line of Thirteenth (13th) Street to southwest corner of Lot 650, thence go easterly along the south line of Lot 650 to the southwest corner of Lot 652, thence go northerly along the west line of Lot 652 seventy (70) feet, thence go easterly parallel to the south line of 652 to the eastern right-of-way line of Twelfth (12th) Street, thence go northerly along the eastern right-of-way line of Twelfth (12th) Avenue to the southern right-of-way line Main Street, thence go easterly along the southern right-of-way of Main Street to the point of intersection with the southerly extension of the eastern right-of-way line of Tenth (10th) Street, thence go north along the southerly extension of the eastern right-of-way line of Tenth (10th) Street to the northwest corner of Lot 760, thence go easterly along the north line of Lot 760 to the eastern right-of-way line of Eighth (8th) Street, thence go northerly along the eastern right-of-way line of Eighth (8th) Street to the northwest corner of Lot 844, thence go easterly along the north line of Lot 844 to the western right-of-way line of Seventh (7th) Street, thence go southerly along the western right-of-way line of Seventh (7th) Street to the northern right-of-way line of Nelson Avenue, thence go easterly along the northern right-of-way line of Nelson Avenue to a point ten (10) feet west of the southwest corner of Lot 889, thence go northerly parallel to the west line of Lot 889 to the north line of Lot 890, thence go east along the north line of Lot 890 to the northeast corner of Lot 888, thence go southerly along the east line of Lot 888 to the northern right-of-way line Nelson Avenue, thence go easterly along the northern right-of-way line of Nelson Avenue to the eastern right-of-way line of Sixth (6th) Street, thence go northerly along the eastern right-of-way line of Sixth (6th) Street to the southern right-of-way line of Sloss Avenue, thence go easterly along the southern right-of-way line of Sloss Avenue to western right-of-way line of Fifth (5th) Street, thence go southerly along the western right-of-way line of Fifth (5th) Street to the northeast corner of Lot 909, thence go easterly to the northeast corner of the west one-half (½) of Lot 971, thence go southerly along the east line of the west one-half (½) of Lot 971 to the southern right-of-way line of East Main Street, thence go easterly along the southern right-of-way line of East Main Street to the point of beginning.

2.

Purpose. The purpose for the establishment of this district is to preserve the established development pattern and distinctive architectural character of the district through the restoration of existing buildings and construction of compatible new buildings. The authority of the building-zoning official to review development in this area shall reinforce this special character. Efforts shall be made to ensure that future development is compatible with and enhances the existing structures and period architectural character of the area.

3.

Certificate of appropriateness required; application.

a.

It shall be unlawful for any person in charge of any property located within the Historic District, to construct, alter, move, remove or demolish any improvement, including signs, unless the building-zoning official has previously issued a certificate of appropriateness authorizing such work.

b.

Anyone found to be in violation of paragraph a above shall be subject to fines and other appropriate action as determined by the city council. In addition a stop-work order shall be issued by the building-zoning official and the stop-work order shall remain in effect until a certificate of appropriateness is issued or it is determined that no certificate of appropriateness is required. If a certificate of appropriateness is required but none is issued the person or persons found in violation shall cause the violation to be corrected by replacing or restoring the improvement to its condition immediately preceding such violation.

c.

No permit or amended permit for the construction, alteration, removal or demolition of any improvement located or to be located in the Historic District shall be issued until the building-zoning official has issued a certificate of appropriateness as an authorization for such work.

d.

Following the receipt of an application for a certificate of appropriateness, the building-zoning official shall determine whether in its opinion the proposed work would adversely change, destroy, or affect any architectural feature of the improvement upon which the work is to be done or, if it is new construction, whether it would lack harmony with the historic site or district or the external appearance of neighboring improvements, or adversely affect the artistic quality of the surrounding district, and whether the work would be appropriate for and consistent with the purpose of this section. Following such review, the building-zoning official shall issue or deny the certificate of appropriateness.

4.

Submittal of plans for review; factors to be considered.

a.

Before the building-zoning official makes a decision relative to alterations or construction on properties located within the Historic District, the applicant for the certificate of appropriateness shall have furnished the building-zoning official with appropriate plans for the work contemplated. Such plans shall include but not be limited to exterior elevation, proposed materials including textures and colors, site layout, except where there are no dimensional changes to the improvement; and photographs of the structure to be altered or, in the case of new construction, photographs of contiguous properties.

b.

In making their decision, the building-zoning official shall consider the effect of the proposed work in creating, changing, destroying or affecting the exterior architectural features of the improvement upon which the work is to be done. The building-zoning official shall also consider the relationship between such work and the exterior architectural features of other neighboring improvements in the historic preservation district.

c.

In appraising such effect and relationships, the building-zoning official shall consider in addition to any other pertinent matters, the factors of artistic, historical and architectural values and significance, architectural style, design, signage, arrangement, texture, materials and color.

d.

Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior elements of a structure within the Historic District nor shall it be construed to prevent any interior alterations or modifications to any structures. This section shall also not be construed as making it unlawful for any person in charge of an improvement to comply with any lawful orders of the city concerning the removal of dangerous or hazardous improvements or portions thereof.

5.

Deviation from approved plans prohibited; request for amended certificate. A certificate of appropriateness issued pursuant to this section shall relate to proposed plans accompanying the application or otherwise submitted for official consideration prior to issuance of the certificate. It shall be unlawful to deviate from the plans upon which issuance was granted unless an amended certificate of appropriateness shall be applied for and issued.

6.

Demolition of principal improvements in the historic district. No permit for the demolition of a principal improvement in the Historic District shall be issued until a certificate of appropriateness has been granted by the building-zoning official to proposed plans for new construction on the site.

7.

Appeals to denial of certificate of appropriateness.

a.

In any case where the building-zoning official has denied an application for a certificate of appropriateness, the applicant may appeal to the city council for a notice to proceed. Authorization to proceed will be issued if the applicant establishes to the satisfaction of an unanimous opinion of city council that there is unnecessary hardship in the strict application of the provisions of the section.

b.

Authorization to proceed may not be granted unless the applicant provides proof that all of the following facts and conditions exist:

(1)

The land or improvement in question cannot yield a reasonable return if the proposed construction, removal, alteration or demolition is not permitted.

(2)

The plight of the applicant is due to unique circumstances of the site in question.

(3)

The proposed alteration, construction, removal or demolition will not alter the essential character of the area.

(4)

The hardship is the result of the application of this section and is not the result of any act or omission by the applicant.

c.

Any relief granted shall be in conformance with the objectives of this section and shall be limited to the minimum required to effect substantial justice and shall be in harmony with the general purpose and intent of this chapter.

d.

In granting authorization to proceed, the city council may prescribe such conditions as deemed appropriate.

e.

Authorization to proceed issued pursuant to this section shall relate to proposed plans accompanying the application or otherwise submitted to the city council for official consideration prior to issuance of authorization to proceed. It shall be unlawful to deviate from the plans, including any modification required as a condition of approval of the plans by the city council, upon which issuance was granted unless an amended authorization to proceed shall be applied for and issued.

8.

Notice of location within the historic district required. No person shall sell, lease or offer to sell or lease any land within the boundaries of the DeFuniak Springs Historic District unless the prospective buyer or lessee has been given the following notice in writing:

Notice of Location Within the Historic District—This land lies within the boundaries of the DeFuniak Springs Historic District and is subject to the provisions of section 18-55.1, Historical and Archaeological Resource Protection, of the DeFuniak Springs Municipal Code.

(c)

A second historical district of the City of DeFuniak Springs is hereby established and shall be referred to as "City of DeFuniak Springs Dorsey Avenue Historic District".

1.

Boundaries of City of DeFuniak Springs Dorsey Avenue Historic District. The boundaries of the second historical district shall be as follows:

A parcel of land lying and being in sections 25, 26, 35 and 36, Township 3 North, Range 16 West, Walton County, Florida and being more particularly described as follows:

Begin at the southeast corner of Lot 970, Town of Defuniak Springs and proceed north 05 degrees 21 minutes 39 seconds east, along the east boundary line of said Lot 970 for a distance of 140.00 feet; thence north 84 degrees 44 minutes 31 seconds west, for a distance of 174.53 feet to the northwest corner of Lot 964 of said plat; thence north 05 degrees 19 minutes 09 seconds east, along the west line of Lot 964 of said plat and a projection thereof, for a distance of 196.99 feet to the approximate centerline of u.s. highway 98 ~ (Nelson Avenue); thence easterly along said approximate centerline as follows: south 84 degrees 47 minutes 19 seconds east, for a distance of 632.48 feet to a point on a curve concave northerly, having a radius of 8,814.77 feet, through a central angle of 04 degrees 17 minutes 00 seconds; thence proceed easterly along said curve for an arc distance of 658.98 feet, (chord bearing and distance = south 86 degrees 55 minutes 56 seconds east, for a distance of 658.82 feet); thence south 89 degrees 04 minutes 26 seconds east, for a distance of 739.91 feet to a point on a curve concave northerly, having a radius of 1,145.92 feet, through a central angle of 36 degrees 34 minutes 26 seconds; thence proceed easterly along said curve for an arc distance of 731.48 feet, (chord bearing and distance = north 72 degrees 38 minutes 21 seconds east, for a distance of 719.12 feet); thence north 54 degrees 21 minutes 08 seconds east, for a distance of 2,484.49 feet to a point on a curve concave southeasterly, having a radius of 2,864.93 feet, through a central angle of 14 degrees 11 minutes 46 seconds; thence proceed northeasterly along said curve for an arc distance of 709.84 feet, (chord bearing and distance = north 61 degrees 27 minutes 01 second east, for a distance of 708.03 feet); thence leaying said approximate centerline proceed south 00 degrees 56 minutes 12 seconds west, a distance of 2,087.66 feet; thence south 88 degrees 25 minutes 39 seconds east, for a distance of 104.50 feet; thence south 01 degree 34 minutes 21 seconds west, for a distance of 146.50 feet to the approximate north right-of-way line of Dorsey Avenue; thence south 88 degrees 25 minutes 39 seconds east, along said right-of-way line, for a distance of 357.48 feet; thence south 01 degree 21 minutes 01 second west, for a distance of 678.29 feet; thence north 88 degrees 25 minutes 39 seconds west, for a distance of 1,787.15 feet to a point on the east right-of-way line of Cambridge Street; thence north 01 degree 21 minutes 1 second east, along said right-of-way line, for a distance of 500.09 feet; thence north 88 degrees 49 minutes 27 seconds west, for a distance of 902.26 feet to a point on the east right-of-way line of Florence Street; thence north 73 degrees 59 minutes 50 seconds west, for a distance of 46.26 feet to a point on the south right-of-way line of North Avenue; thence north 88 degrees 24 minutes 47 seconds west, along said south right-of-way line, for a distance of 551.87 feet to a point on the east right-of-way line of Davis Street; thence north 01 degree 38 minutes 08 seconds east, along said east right-of-way line, for a distance of 161.47 feet to the south right-of-way line of Dorsey Avenue; thence north 88 degrees 31 minutes 30 seconds west, along said right-of-way line, for a distance of 183.68 feet to the approximate centerline of the railroad; thence north 34 degrees 15 minutes 30 seconds west, for a distance of 70.26 feet to a point on the north right-of-way line of Baldwin Road; thence westerly along said right-of-way line as follows: said point being a point on a curve concave northerly, having a radius of 1,519.35 feet, through a central angle of 22 degrees 05 minutes 15 seconds; thence proceed westerly along said curve for an arc distance of 585.71 feet, (chord bearing and distance = south.68 degrees 25 minutes 53 seconds west, for a distance of 582.09 feet) to a point on a curve concave northerly, having a radius of 2,061.26 feet, through a central angle of 14 degrees 36 minutes 06 seconds; thence proceed westerly along said curve for an arc distance of 525.31 feet, (chord bearing and distance = south 84 degrees 14 minutes 24 seconds west, for a distance of 523.89 feet) north 65 degrees 38 minutes 26 seconds west, a distance of 79.36 feet; thence north 84 degrees 46 minutes 23 seconds west, for a distance of 997.85 feet to the point of beginning.

Note: The legal description above is not contemplated to overlap, or directly connect with the first historic district, although a comprehensive survey of the two (2) areas has not been performed as the of the date of the ordinance from which this section is derived. For that reason, the second district is being created, rather than merely expanding the existing district. Should surveying permit the merger of the districts, it is the express intent of the city that the City of DeFuniak Springs Dorsey Avenue Historic District maintain its unique naming distinction in representation of its community and culture heritage and significance.

2.

Adoption of equal standards. The second historical district shall adhere to the same guidelines and regulations outlined in this section of the DeFuniak Springs City Code as though those same elements were restated and codified. Any further amendments or additions to these regulations as they pertain to either historical district solely shall be considered by the city council and adopted by ordinance, otherwise future amendments shall apply equally to both districts.

(Ord. No. 578, § 13, 323-25-91; Ord. No. 585, 7-22-91; Ord. No. 954, §§ 1, 2, 7-10-2023)

Editor's note— During the codification of Ordinance 881, which reorganized the Code to create Chapter 18, Land Development Code, provisions regarding historical and archaeological resources protection were inadvertently removed. Per the city's request, this language has been included herein, after the same section it followed when codified in the former Appendix A.

(a)

Definition. A bed and breakfast establishment shall be an owner-occupied private home which offers lodging for paying guests for a limited time and serves breakfast to these guests.

(b)

Designated areas.

(1)

A bed and breakfast establishment may be established only within an existing structure which is located within the historical district or in a designated historic site, building or structure within specified zoning districts.

(2)

The bed and breakfast establishment shall be operated within the principal structure and not in any accessory structure. The structure to be used as a bed and breakfast establishment shall have been constructed prior to 1930 or be of historic and/or architectural significance. It is the responsibility of any applicant to provide proof of historic or architectural significance which shall consist of any of the following:

a.

A home listed on the National Register of Historic Places or the Florida Master Site File.

b.

A home which meets part or all of the eligibility criteria listed for the National Register of Historic Places.

(3)

Documents which reflect the age of the home such as deeds, wills, land surveys, photographs, engravings, news clippings or historical oral tradition.

(4)

A home which reflects historical trends or a former uniqueness.

(5)

Bed and breakfast establishments may be established in areas outside of the historical district or designated historic sites and buildings upon special approval within specified zoning districts.

(c)

Licenses, permits and structural modifications.

(1)

Prior to issuance of a permit by the city for the operation of a bed and breakfast establishment, the applicant for a license to operate a bed and breakfast establishment shall obtain a lodging license and food service license from the State of Florida Department of Business Regulation, Division of Hotels and Restaurants, and must comply with the regulations set forth in F.S. Ch. 509. All applicable building and development regulations must be met prior to issuance of a permit. In addition, the building shall meet all applicable fire safety codes adopted by the city.

(2)

No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed and breakfast establishment, other than those required to meet health, safety, and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the area or neighborhood and do not detract from the historic or architectural significance of the structure. All alterations shall be made in compliance with the development regulations of the city.

(3)

All permits and licenses must be displayed in a public area within the establishment.

(d)

Ownership and management. The facility shall be owner occupied and managed with the resident manager having an ownership interest in the bed and breakfast establishment. Any owner of a bed and breakfast establishment must reside in the establishment.

(e)

Specifications.

(1)

A maximum number of four (4) guest bedrooms shall be allowed.

(2)

No meals may be served other than breakfast to any overnight guest.

(3)

No cooking facilities or food storage areas shall be permitted in any individual rooms.

(4)

Guest rooms do not have to contain bathroom facilities. The number of bedrooms and bathrooms provided shall be the same as those that existed when the structure was originally constructed, including additions, unless modifications are necessary to comply with any building, fire and/or health code.

(5)

The maximum length of stay for any guest of the establishment shall be limited to no more than fourteen (14) days in any quarter. The resident owner shall maintain a current guest register which shall include the guest name, address and dates of occupancy.

(6)

All signs advertising the bed and breakfast establishment shall comply with the sign ordinances presently in effect in the City of DeFuniak Springs.

(7)

One (1) parking space shall be provided for each of the following; the manager/owner, the nonresident employee (if a nonresident is employed), and each guest room.

(8)

Within each bed and breakfast establishment a common area must be provided for a central dining area and a minimum of one (1) common area must be provided for a reading/discussion/living room.

(9)

No more than one (1) nonresident person may be employed in the management and administration of the bed and breakfast establishment on site. This restriction excludes maintenance and cleaning personnel.

(Ord. No. 881, § 18.56, 6-26-2017)

(a)

Requirements. Home based occupations, unless specifically prohibited, may be conducted in all residential districts under the following provisions:

(1)

There shall be no display of goods or advertising visible from any street.

(2)

A nonilluminated name plate, not exceeding one (1) square foot in area, may be displayed providing the name is affixed flat against the exterior at a position not more than two (2) feet distant from the main entrance to the residence.

(3)

No persons except members of the immediate family of the proprietor of a home based occupation who resides on the premises shall be employed in any home based occupation.

(b)

Prohibited home based occupations. Prohibited home based occupations unless shown that they will not be a public nuisance:

(1)

Barber shop;

(2)

Beauty shop;

(3)

Public dining facility;

(4)

Antique or gift shop;

(5)

Film developing or processing;

(6)

Fortune telling or clairvoyance;

(7)

Repair shops excepting fine watch repair; and

(8)

Any use involving chemicals or matter of energy that may create or cause to be created noise, noxious odors or hazards dangerous to the public health, safety, and welfare.

(c)

Procedure. Before conducting a home based occupation an individual must first make application to the building inspector for a permit in accordance with the following procedure:

(1)

The application shall identify the type of home based occupation desired and all property owners by name and address, within one thousand (1,000) feet of the proposed home based occupation. The applicant shall be responsible for all fees incident to filing the application, including postage and publication costs, and said fees and costs shall be set by resolution of the city council.

(2)

Upon application for the permit, the building inspector or designee shall submit the application to the planning board at its next regularly scheduled meeting after receipt of the application.

(3)

The planning board shall set a date for a public hearing and shall notify all property owners within one thousand (1,000) feet of the proposed home based occupation of said hearing, and notice of the hearing shall be published in a newspaper of general circulation in Walton County at least fifteen (15) days prior to such hearing.

(4)

The planning board shall conduct the public hearing within thirty (30) days from the date it is advised that application for a home based occupation has been made.

(5)

After the public hearing has been held in accordance with this section, the planning board shall make a recommendation to the city council as to whether the application for a permit allowing a home based occupation should be granted or denied.

(6)

Upon receipt of the recommendation of the planning board the matter shall be considered by the city council and it shall advise the applicant of the date and time of the meeting at which the city council shall consider the planning board's recommendation.

(7)

After the council meeting the city council shall advise the applicant in writing of its decision concerning the application for a home based occupation.

(8)

A permit for a home based occupation is not transferrable with the transfer of ownership of property.

(Ord. No. 881, § 18.57, 6-26-2017)

(a)

Council permission to operate required. No junkyard shall be operated or maintained without permission from the city council upon a hearing as required for a variance in the city's zoning ordinance.

(b)

Junkyards. No junkyards shall be permitted within three hundred (300) feet of a residential district. Entire junkyard area shall be surrounded by a substantial and continuous eight (8) foot wall or fence without opening, except for entrances and exits.

(c)

Fence or screen.

(1)

No junkyard shall be operated or maintained unless the view from such is totally obscured by natural objects, plantings, or fences on the property line. No person shall be allowed to keep or store a non-operating, derelict or junked vehicle unless the view of same is totally obscured as aforesaid.

(2)

A fence constructed under the provisions of this article shall be kept in good order and repair and any advertisement thereon shall be in accordance with city zoning regulations.

(d)

Violations. A violation of this article is hereby declared to be a nuisance. Upon failure of any person to comply with the provisions of this article within thirty (30) days after notice from the city to do so, such person shall be guilty of a misdemeanor. After such notice, city officials may commence an action in a court of competent jurisdiction for an injunction to abate such nuisance.

(Ord. No. 881, § 18.58, 6-26-2017)

(a)

Storage, abandonment, leaving of vehicles, personalty, machinery or equipment prohibited.

(1)

In general. Abandonment or storage, unsheltered or within view, of any unused, stripped, junked, wrecked, partially dismantled, disabled or inoperative motor vehicles and other vehicles not in good and safe operating condition, and of any other vehicles, machinery, implements and/or equipment, including trailers, boats, articles and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured, remaining for a period of ten (10) days or more, within the corporate limits of the City of DeFuniak Springs, Florida, is hereby declared to be unlawful, a nuisance, and dangerous to public health and safety. Motor vehicles without either a current, valid inspection sticker or current valid license tag shall be deemed as "disabled or abandoned" under this article; however, an antique vehicle shall be exempt if active restoration is being done.

(2)

On private property.

a.

It shall be unlawful for any person, firm or corporation who shall own or occupy real property within the city, including owners, tenants, or guests, to have upon said property, within view, any vehicles, machinery, equipment or personalty, as described in subsection (a), for a period of ten (10) days or more.

b.

This section does not apply to any person, firm or corporation who shall be engaged in buying, selling or repairing motor vehicles, trailers, boats, machinery or other vehicles in a proper commercial zone in the city.

c.

All persons who shall operate such businesses, as set forth in subparagraph (2) hereinbefore, shall store any and all unrepairable, inoperable and unsightly vehicles, trailers, boats, and machinery behind a fence-like structure or enclosure which will conceal such vehicles from public view.

(3)

On street, alley, or public right-of-way. It shall be unlawful for any person to store, leave or abandon any vehicle, machinery, equipment or other personalty on any street, highway, alley, or public right-of-way within the city.

(b)

Investigation and enforcement of article provisions.

(1)

"Enforcement officer" means any law enforcement officer, the city manager or his designee, or any other officer designated by the city council to enforce the provisions of this article.

(2)

The enforcement officer shall enforce the provisions of this article and may, upon reasonable belief that a violation of this article exists, enter onto any premises, during reasonable hours, to investigate, inspect, examine and survey. Whoever opposes, obstructs or resists any enforcement officer in the discharge of his duties, shall be guilty of a misdemeanor. Any enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of his duties imposed by this article.

(c)

Notice of violation.

(1)

On private property. Whenever the enforcement officer shall ascertain that an article of property is a nuisance and/or a violation of this article and is present on private property within the limits of the city, he shall cause a notice to be given to the owner or occupant of such. Such notice shall:

a.

Be in writing;

b.

Identify the premises, such as street address;

c.

Describe violation and/or conditions to be corrected and give time limit of not less than ten (10) days to correct said conditions;

d.

Further state that if the nuisance and/or violation has not been abated within the time period set forth, the city may institute legal proceedings, charging the person, firm or corporation with a violation of this article and/or violation, and may sell it or destroy it, and the salvage value, if any shall be retained by the city, is to be applied against the cost of removal and destruction thereof. All costs and fees expended by the city to remove or abate said nuisance may be recoverable by an action at law against the owner and/or occupant of the premises after a thirty (30) day billing period;

e.

Be served by one of the following:

1.

By delivery to the owner or occupant personally or by leaving the notice, at the usual place of abode of the owner or occupant, with a person of suitable age and discretion; or

2.

By depositing the notice in the United States Post Office, addressed to the owner or occupant at his last known address, with postage prepaid thereon; or

3.

By posting a copy of the notice in a conspicuous place on the premises or on the article or articles.

(2)

On public property. Whenever the enforcement officer shall ascertain that an article of property is a nuisance and/or a violation of this article and is present on public property (street, highway, alley or right-of-way), within the limits of the city, he shall cause a notice set out hereinafter to be mailed to the owner of the article on or before the date of posting (if such is reasonably available to the officer); but in any event, the officer is required to cause a notice to be placed upon such article in substantially the following form:

NOTICE TO THE OWNER AND ALL PERSONS INTERESTED
IN THE ATTACHED PROPERTY

This property (brief description) is unlawfully upon public property known as (location) and must be removed within ten (10) days from date of this notice; otherwise, it shall be presumed to be abandoned property and may be removed and destroyed or sold, and the salvage or other value shall be retained by the city to be applied against the cost of removal and destruction thereof, all costs and fees expended by the city shall be recoverable against you by an action at law. Also, the city may, in addition to or in the alternative, charge you with a violation of this ordinance. Dated this ___ day of _______.

_____
Enforcement officer

_____
Address

_____
Telephone number

Such notice shall be on paper not less than eight (8) inches by ten (10) inches.

(d)

Remedy procedure. In the event that abatement of the conditions cited in the notices provided in section 11-28 does not occur within the time requirements specified, then the city, at its expense, may do such necessary acts to remove, abate and discontinue the nuisance. All costs and fees expended shall be kept upon a separate roll by the city and after a thirty (30) day billing to the article owner, personalty owner, or property owner, owners, or occupant, the city may, by action at law, collect the same. The city may sell or destroy the article, machinery, equipment or personal property; and the salvage value, if any, shall be retained by the city to be applied against the cost of removal and destruction thereof. The enforcement officer, any city official, employee, agent or independent contractor, while in the process of removing or discontinuing the nuisance, and while discharging their duties imposed by this article shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass; and whoever opposes, obstructs or resists any person involved in the removal process shall be guilty of a misdemeanor.

(e)

Adoption of Florida Statutes, section 705.16. The provisions of F.S. § 705.16, as amended, are hereby adopted by reference in their entirety, as though set out in full herein, and may be additional and supplemental to, or as an alternative to, the rights, powers and procedures set forth elsewhere in this article.

(f)

Violation and penalties. Any person, firm, corporation or agent, who shall violate a provision of this article, or fail to comply therewith or with any of the requirements thereof, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed or contained and upon conviction of any such violation such person shall be punished by imprisonment in the county jail not to exceed sixty (60) days or by fine not exceeding five hundred dollars ($500.00) or both.

(Ord. No. 484, §§ I—VI, IX, and X, 5-11-81)

Editor's note— During the codification of Ordinance 881, which reorganized the Code to create Chapter 18, Land Development Code, provisions regarding wrecked, junked, abandoned vehicles and other property were inadvertently removed from the Code. Per the city's request, this language has been included herein, after the same section it followed when codified in the former Chapter 11.

(a)

Size of lots. A lot to be occupied by a service station shall be not less than one hundred (100) feet in width and one hundred (100) feet in depth.

(b)

Location of service stations. No service stations shall be allowed within two hundred fifty (250) feet of any church, hospital, public school, public library, stadium, arena, or private school.

(c)

Clearance required.

(1)

Gasoline pumps not allowed within twenty (20) feet of any street property line nor fifteen (15) feet from any other property line.

(2)

Service station building or gasoline pump not allowed within twenty-five (25) feet of any property which is residentially zoned.

(d)

Protective wall. Where lots to be used for service stations abut on any property which is residentially zoned, or zoned C-1, there shall be a wall of good quality and design on all property lines other than street lines.

(e)

Driveway requirements. No more than two (2) exit-entrance driveways for every one hundred (100) feet of street frontage.

Width: Not over forty-two (42) feet.

At least ten (10) feet between driveways.

(Ord. No. 881, § 18.59, 6-26-2017)

(a)

Hours of sale. It shall be unlawful to sell alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m. of any day.

(b)

Licensure required. Any person or entity engaging in any form of licensed alcohol distribution, including service or sale, shall be required to maintain in good standing all necessary licensure and permits, and shall produce proof thereof to the city at the time of application for occupation license, and any subsequent renewals thereof.

(c)

Consumption on public property. Consumption of alcoholic beverages on public property shall be permitted only as part of properly permitted events. The issuance of such permit(s) shall require compliance with all applicable laws, rules and regulations set forth by the State of Florida and the City of DeFuniak Springs.

(Ord. No. 881, § 18.60, 6-26-17; Ord. No. 905, 11-25-19)