TO: Planning and Zoning Advisory Board
FROM: Alaina Ray, AICP, Development Services Director
TITLE: Consideration of an Amendment to Sections 3.1.2, 4.4.1. and Appendix A,
Article I of the Unified Land Development Code to Provide for Compliance with Section 553.385, Florida Statutes.
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Recommended Action
Recommend that the City Commission approve the amendment to Sections 3.1.2., 4.4.1., and Appendix A, Article I of the Unified Land Development Code via Ordinance No. 2026-20 and find that the amendment is consistent with the North Port Comprehensive Plan.
Planning and Zoning Advisory Board Options
Motion to Approve: I move to recommend that the City Commission approve he amendment to Sections 3.1.2., 4.4.1., and Appendix A, Article I of the Unified Land Development Code via Ordinance No. 2026-20 and find that the amendment is consistent with the North Port Comprehensive Plan.
OR
Motion to Deny: I move to recommend that the City Commission deny the amendment to Sections 3.1.2., 4.4.1., and Appendix A, Article I of the Unified Land Development Code via Ordinance No. 2026-20 and find that the amendment is consistent with the North Port Comprehensive Plan.
[Include Comprehensive Plan Goals, Policies, and Objectives with which findings indicate inconsistency]
Background Information
During the 2026 Legislative Session, the Florida Legislature adopted House Bill 399, creating Section 553.385, Florida Statutes, relating to the placement and regulation of certain manufactured (a.k.a. mobile) homes with an effective date of January 1, 2027. House Bill 399 was subsequently superseded during the 2026 Special Session by House Bill 803, which retained the statutory requirements and accelerated the effective date to July 1, 2026.
The legislation represents a significant change in local government authority over manufactured housing. Prior to adoption of Section 553.385, local governments retained broader discretion to regulate and/or limit the placement of manufactured homes through zoning and land development regulations. Under the new statute, qualifying manufactured homes must be allowed by-right as single-family detached dwellings in any zoning district where site-built single-family detached dwellings are allowed.
While the legislation preempts certain local regulatory authority, it does not completely eliminate local government oversight. The City retains authority to apply the same dimensional, landscaping, drainage, floodplain management, architectural, and site-design standards applicable to site-built homes. However, the City may not impose more restrictive standards solely because a dwelling is a qualifying manufactured home.
The proposed ordinance updates the Unified Land Development Code to ensure consistency with state law while preserving the City's remaining regulatory authority. The amendments revise zoning district descriptions, establish standards for permanent manufactured homes, clarify foundation and installation requirements, require compliance with the Florida Building Code for foundations and appurtenances, require compliance with floodplain regulations, and update definitions to distinguish between manufactured homes and permanent manufactured homes.
The ordinance also clarifies that private deed restrictions, declarations of covenants, homeowners' association documents, and other private contractual restrictions remain enforceable and are unaffected by Section 553.385, Florida Statutes.
Because Section 553.385 is a state mandate, failure to amend the ULDC could result in conflicts between local regulations and state law and limit the City’s ability to apply certain regulations to manufactured homes.
The City Attorney has reviewed Ordinance No. 2026-20 and it is legally correct as to form.
Attachments:
1. Ordinance No. 2026-20
2. HB 399
3. HB 803
Prepared by: Alaina Ray, AICP, Development Services Director
Lori Barnes, AICP, CPM, Development Services Deputy Director
Department Director: Alaina Ray, AICP, Development Services Director