Fla. Stat. § 553.385

Zoning of off-site constructed residential dwellings; parity.

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Statutory text

(1)  As used in this section, the term: (a)  “Local government” means a county or municipality. (b)  “Off-site constructed residential dwelling” means: 1.  A manufactured building, as defined in s. 553.36, intended for single-family residential use; or 2.  A manufactured home, as defined in s. 320.01(2)(b), which is constructed, in whole or in part, off site and is treated as real property. (2)(a)  An off-site constructed residential dwelling must be permitted as of right in any zoning district where single-family detached dwellings are allowed. (b)  A local government may not adopt or enforce any zoning, land use, or development regulation that treats an off-site constructed residential dwelling differently or more restrictively than a single-family, site-built dwelling allowed in the same zoning district. (c)  This section does not prohibit a local government from applying generally applicable architectural, aesthetic, design, setback, height, or bulk standards, provided such standards are applied uniformly to all single-family dwellings in the same zoning district. (d)  Compatibility or design standards must be reasonable, may not have the effect of excluding off-site constructed residential dwellings, and, if adopted, must apply equally to single-family, site-built dwellings. Such standards are limited to: 1.  Roof pitch. 2.  Minimum square footage of livable space. 3.  Type and quality of exterior finishing materials. 4.  Foundation enclosure. 5.  Existence and type of attached structures. 6.  Building setbacks, lot dimensions, and orientation. (e)  A local government may not regulate or restrict an off-site constructed residential dwelling based solely on: 1.  The method of construction; 2.  The location of construction; or 3.  The presence of components constructed off site. (3)  A local government may not adopt or enforce any ordinance, regulation, or policy that conflicts with this section or s. 553.38, or that has the effect of excluding off-site constructed residential dwellings. Any such ordinance, regulation, or policy is void and unenforceable as applied to off-site constructed residential dwellings. (4)  Local government regulations must be reasonable and uniformly enforced without distinction as to housing type.

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Zoning of off-site constructed residential dwellings; parity.

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