Mixed use developments are subject to the following requirements:

(1)

Surface parking for new construction shall be oriented behind or to the side of a building, with access from shared driveways or alleys when possible.

(2)

In addition to the landscaping requirements for internal landscape areas and parking and vehicular use areas, new developments in the mixed use district must provide a minimum five-foot wide perimeter buffer along the side property lines, for buildings that do not have a continuous facade with the building on the abutting property that is within the same zoning district, and rear property lines. The buffer must contain one (1) of the following:

a.

Six-inch foot fence (chain link fences are prohibited);

b.

Two (2) understory trees every fifty (50) feet;

c.

Fifteen (15) shrubs every fifty (50) feet.

(3)

Properties abutting another zoning district other than the mixed use district will be required to meet the landscaping and buffering requirements in article XI of the land development code.

(Ord. No. 881, § 18.63, 6-26-2017)

(a)

Nonconforming lots. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not if continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for the area or width, or both, that are generally applicable to the district, provided that yard dimensions and other requirements not involving area and width, or both, of lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained only through action of the board of appeals.

If three (3) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance. In the event that a sufficient and demonstrable hardship arises out of the provisions of this section, variance of area, width, and yard requirements shall be granted by the board of appeals.

(b)

Nonconforming use of land. Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permittable under the terms of this ordinance as enacted or amended shall be deemed a nonconforming use.

(1)

A non-conforming use shall not be enlarged or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance. The area of land occupied at the effective date of this ordinance shall be defined as the entire piece of property on which the structure or structures are located at the date of adoption of this ordinance.

(2)

A non-conforming use shall not be continued, if by reason of unsafe conditions, odors, noxious fumes, smoke, noise or otherwise it shall become a nuisance or safety hazard to residents in residential or commercial districts.

(3)

A non-conforming use may be changed subject to the following restrictions:

a.

There may be a change of tenancy, ownership or management of a non-conforming use provided there is no change in the nature or character of such non-conforming use except as may be permitted in this section.

b.

A non-conforming use in a non-conforming structure may be replaced by a new or different use which would be permittable in the same zoning district as the original non-conforming use or use permitted in a more restricted district.

c.

The non-conforming use which is discontinued for more than six (6) months may not be re-established unless such non-use is the result of a natural disaster, in which case the time for re-establishing the nonconforming use shall be extended for an additional six (6) months.

(c)

Nonconforming structures. Where, at the effective date of adoption or amendment of this ordinance, a structure that lawfully exists that is made no longer permittable under the terms of this ordinance as enacted shall be deemed a nonconforming structure.

(1)

A nonconforming structure shall not be expanded or enlarged to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance. The area of land occupied at the effective date of this ordinance shall be defined as the entire piece of property on which the structure(s) are located at the date of adoption of this ordinance. Exceptions to this ordinance may be approved provided that:

a.

Repair and maintenance, remodeling or reconstruction of the building or structure does not exceed fifty (50) percent of the structural value of all of the buildings or structures on the property; and

b.

Any modifications to the building or structure do not create or increase the extent of the nonconformity; and

c.

The expansion is less than fifty (50) percent of the total gross floor area of all the buildings and/or structures on the property.

(Ord. No. 881, § 18.64, 6-26-2017)

Towers, cupolas, chimneys, etc., exceeding the height limit are subject to special approval of the planning board.

(Ord. No. 881, § 18.65, 6-26-2017)

(a)

In residential districts all accessory buildings and uses shall be located in the required side or rear yard. Accessory buildings may be located in a front yard of a lot with double frontage if it is located in the rear of the residential dwelling unit. An accessory structure may be located in the front yard if other yards are constrained, as determined by the planning department, and must have a fifty (50) foot setback from the front lot line. All other setbacks shall be provided as indicated in section 18-67(b).

(b)

In residential districts all accessory buildings and uses in a rear or side yard except private garages that face alleys, shall be located at least five (5) feet from any lot line. Accessory buildings in a front yard of a lot with double frontage, must be fifteen (15) feet from the front lot line and in the rear of residential dwelling unit. All accessory buildings must be located at least ten (10) feet from any main buildings or other accessory building. Accessory buildings and structures shall not exceed two (2) stories or thirty-five (35) feet in height. Minimum setback for private garages not over one (1) story in height that face an alley shall be two (2) feet six (6) inches.

(c)

In an R-1 district an accessory building or structure shall not be of greater height than a principal building on the lot.

(d)

Accessory dwelling unit (ADU) located in the R-1, single-family residential district. This section is intended to protect the property values and residential character of neighborhoods where accessory dwelling units are located while also providing an affordable housing option. Accessory dwellings may be allowed in single-family residential areas provided that all of the following requirements shall be met upon special approval:

(l)

No more than one accessory dwelling unit shall be permitted on any residential lot.

(2)

An accessory dwelling unit shall not exceed eight hundred (800) square feet of heated and cooled area.

(3)

The accessory dwelling unit shall be located and designed not to interfere with the appearance of the principal structure as a one-family dwelling unit and shall be compatible with the appearance of the principal structure as determined by the city council upon review.

(4)

All new accessory dwelling units shall comply with all setback requirements of subsection (b).

(5)

Any existing accessory structure may be converted into an accessory dwelling unit regardless of the location on the property, provided that it must be upgraded to meet the minimum building code requirements for a dwelling unit. The footprint of any existing structure may be expanded up to twenty-five (25) percent utilizing the current setbacks of the existing structure.

(Ord. No. 881, § 18.66, 6-26-2017; Ord. No. 948, § 3(Exh. A), 1-23-2023)

(a)

In any residential district no fence, wall, hedge or planting shall be erected, constructed, maintained or grown to a height exceeding two (2) feet above the street grade nearest thereto, within twenty (20) feet of the intersection of any street lines or of the street lines produced.

(b)

All businesses constructed in a commercial restricted, commercial general, institutional, or industrial district which abuts a residential district shall provide for a privacy fence of a minimum of eight (8) feet in height. The business shall also provide a landscape buffer pursuant to the Landscape and Tree Protection Ordinance.

(Ord. No. 881, § 18.67, 6-26-2017)

Essential utility services are exempted from the zoning ordinance and shall be regulated by other town ordinances.

(Ord. No. 881, § 18.68, 6-26-2017)

The City of DeFuniak Springs has adopted a development technical manual (DTM) by reference. All land development, redevelopment, construction, and reconstruction is required to utilize the DTM.

(Ord. No. 881, § 18.70, 6-26-2017)