Proposed Ordinance No. 27-029- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Code of Ordinances Part III, Land Development Regulations, Chapter 1, "General Administration." Article II, "Definitions," to Add and Amend Definitions Related to Manufactured Buildings, Manufactured Homes, Mobile Homes, Mobile/Manufactured Home Parks, and Offsite-Constructed Residential Dwellings; Amending Chapter 2 "Land Development Process," Article III "Engineering Services," Section 2 "Subdivision and Platting"; Amending Chapter 3 "Zoning," Article II "General Provisions," Section 8 "Temporary Buildings and Collection Sites," Article III "Zoning Districts and Overlay Zones," Section 2 "Residential Districts," to Update the R-3 Multi-Family Residential District and the MHPD Mobile Home Planned Development District; Article IV "Use Regulations," Section 3 "Use Regulations," D. "Use Matrix" to Rename "Manufactured Home" as "Manufactured Home/Mobile Home" as a Specific Use; and E. "Use Footnotes" to Include a New Footnote 38 Applicable to Single-Family Residential (Detached) Dwellings and Manufactured Homes/Mobile Homes; Providing for Codification; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date.
Approval of the proposed Ordinance No. 26-029 on First Reading.
Staff proposes amendments to the City’s Land Development Regulations (LDR) to ensure consistency with section 553.385, Florida Statutes, as created by Chapter 2026-7 and amended by Chapter 2026-63, Laws of Florida. The new state law requires local governments to allow Offsite-Constructed Residential Dwellings, including Manufactured (Modular) Buildings intended for single-family residential use and Manufactured Homes treated as real property, in any zoning district where Single-family (Detached) Dwellings are permitted. The law also prohibits local governments from treating Offsite-Constructed Residential Dwellings differently or more restrictively than site-built single-family homes in the same zoning district.
To comply, staff proposes to (1) amend the definition of Dwelling, Single-family (Detached) to include Offsite-Constructed Residential Dwellings, and add or update the definitions of Manufactured (Modular) Building, Manufactured Home, Mobile Home, Mobile/Manufactured Home Park, and Offsite-Constructed Residential Dwelling to align with state law, with the Manufactured (Modular) Building, Manufactured Home, and Mobile Home definitions cross-referencing the Florida Statutes; (2) amend the Use Matrix (Table 3-28) to rename the “Manufactured Home” use as “Manufactured Home/Mobile Home,” which remains permitted only in the MHPD Mobile Home Planned Development District; (3) add Use Footnote 38, which establishes a foundation enclosure (skirting) standard for all single-family detached dwellings, mobile homes, and manufactured homes with an open space between the finished floor and grade, requires wheel removal from mobile and manufactured homes before a certificate of occupancy is issued, and confirms that a Manufactured Home qualifying as an Offsite-Constructed Residential Dwelling is permitted wherever Single-family (Detached) Dwellings are permitted; and (4) make consistency updates to the R-3 Multi-Family Residential District, the MHPD Mobile Home Planned Development District, the subdivision and platting regulations, and the emergency housing provisions to reflect the revised definitions.
By including Offsite-Constructed Residential Dwellings in the definition of Dwelling, Single-family (Detached), every zoning district that currently permits detached single-family homes will also permit Offsite-Constructed Residential Dwellings on the same terms as site-built homes. Mobile homes fabricated before June 15, 1976, which are not covered by the new state law, will continue to be permitted only in the MHPD Mobile Home Planned Development District.
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