CopyCited 25 times | Published | Florida 3rd District Court of Appeal
...[2] By an amended complaint appellants sought a judgment to declare that the ordinance establishing a special zoning district had been enacted solely to insure aesthetic uniformity in the district and was not intended to restrict particular building materials or construction techniques. The county contends that under Section 553.38(2), Florida Statutes (1979), [3] it has *1160 authority, within its police powers and by statute, to enforce local land use and zoning requirements including the establishment of architectural and aesthetic standards within certain res...
...Kansas City, Mo.,
58 F.2d 593 (8th Cir.1932) (zoning ordinance enacted merely to satisfy purely aesthetic desires is unconstitutional and violative of due process); State v. Woodworth, 33 Ohio App. 406, 169 N.E. 713 (Ct.App. 1929). However, we focus on that portion of Section
553.38(2), Florida Statutes (1979) which requires that local authorities enforce their regulations "without any distinction as to whether such building is a conventionally constructed or manufactured building", and with which the county's actions appear to conflict. The State Department of Community Affairs is exclusively authorized, by Section
553.38, Florida Statutes (1979), to promulgate and enforce rules assuring that factory-built housing is structurally sound and properly installed on site....
...ntial depreciation in the property values. [2] RU-1 is the county's general zoning category for single-family residential housing. RU-1M is essentially identical except that it requires that all houses be constructed of masonry to the roof line. [3] § 553.38(1) and (2), Fla....
CopyCited 13 times | Published | Supreme Court of Florida
...o the action in the trial court. The motion must be, and is, denied. The Attorney General was granted leave to intervene in the cause by the trial court solely for purposes of appeal after the trial judge had declared the last sentence of Fla. Stat. § 553.38(3), F.S.A., to be unconstitutional....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2012 WL 3000644, 2012 Fla. App. LEXIS 11875
...State ex rel. Shevin v. Kerwin,
279 So.2d 836, 837-38 (Fla.1973) (“The Attorney General was granted leave to intervene in the cause by the trial court solely for purposes of appeal after the trial judge had declared the last sentence of Fla. Stat. §
553.38 (3), F.S.A., to be unconstitutional.”)....
CopyPublished | Florida 5th District Court of Appeal | 2002 WL 1232577
...The operative section of the ordinance allowed manufactured buildings to be installed "in all zoning classifications which allow residential structures, except R-1 properties located in subdivisions." The ordinance clashed head-on with a preexisting statute, section 553.38, Florida Statutes (1998), which provided: The department shall enforce every provision of this part and the rules adopted pursuant hereto, except that local land use and zoning requirements, fire zones, building setback requirements, s...
...in manufacturing facilities away from the building site for installation, or assembly and installation, on the building site. Although there have been minor amendments to these sections, both are substantially in the same form. See §§
553.36(12);
553.38, Fla....
...o be reasonable under the particular circumstances. See, e.g., State v. Manfredonia,
649 So.2d 1388 (Fla.1995); Smith v. State,
237 So.2d 139 (Fla.1970); State v. Webb,
786 So.2d 602 (Fla. 1st DCA 2001). Additionally, the reasonableness contained in section
553.38 relates to whether a requirement or rule distinguishes between a conventionally constructed house or a manufactured building as defined in section
553.36(12), Florida Statutes (2001)....
...has narrowed its exclusions to only subdivisions in R-1 districts. Manufactured housing is not restricted in any zoning classification except subdivisions zoned R-1 in unincorporated areas of the county. The Florida Legislature has made it clear in section 553.38 that it is the policy of the state that manufactured buildings may not be the subject of discrimination by local authorities....
