PLACEMENT: Public Hearings
TITLE:
title
LEGISLATIVE PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 3, ZONING DISTRICTS, LAND DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE, REGARDING ACCESSORY DWELLING UNITS, (LDR 25-03) A TEXT AMENDMENT
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EXECUTIVE SUMMARY:
executive summary
This is a request, initiated by the Board of County Commissioners (BCC), to amend Divisions 1, 2, 3, 4, and 7, Article 3, Zoning Districts, Land Development Regulations, Martin County Code, changing the text regarding Accessory Dwelling Units (ADUs) in the furtherance of affordable housing.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Amy Offenbach
Title: Planner
REQUESTED BY: Board of County Commissioners
PRESET: 5:05 PM
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Article 3, Zoning Districts, of the Land Development Regulations (LDRs) implements the Comprehensive Growth Management Plan (CGMP). This Article contains Category “A”, “B”, and “C” zoning classifications, permitted uses and development standards that implement the CGMP future land use designations.
This item is a request to update, Section 3.3 (Glossary of terms); Section 3.11 (Permitted uses); Section 3.51 (Accessory Dwelling Units); Section 3.201 (Accessory uses and structures); and Section 3.403 (Terms defined), Article 3, Zoning Districts, LDRs, Martin County Code. The proposed changes will (i) rename and update the definitions section to incorporate standardized terms regarding ADUs, (ii) update the applicable permitted use tables to allow ADUs in the appropriate districts, and (iii) reorganize ADU development standards.
On August 26, 2025, the BCC adopted Resolution Number 25-8.16, which initiated amendments to both the CGMP and the LDRs for Accessory Dwelling Units in furtherance of providing affordable housing. This amendment to LDRs was properly noticed and heard before the Local Planning Agency (LPA) on December 4, 2025, receiving a unanimous recommendation of approval with a vote of 4-0. Subsequently, this matter was property noticed and heard before the BCC on January 27, 2026, which voted 3-2 to continue this item.
Staff’s analysis of the proposed amendment is set forth on the attached Final Staff Report. A Business Impact Estimate, required pursuant to Section 125.66, Florida Statutes, is included as an attachment to this item.
ISSUES:
Pursuant to Section 125.66, Florida Statutes, the BCC shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5 p.m. on a weekday, unless the board of county commissioners, by a majority plus one vote, elects to conduct that hearing at another time of day. The vote of 3-2 to conduct the second hearing on February 24, 2026, was not a supermajority. Therefore, the hearing will be conducted after 5 p.m. to consider final approval of the proposed amendments.
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a “fairly debatable” standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the “fairly debatable” standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the proposed Ordinance amending Article 3, Zoning Districts, Land Development Regulations, Martin County Code.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
Staff time.
ALTERNATIVE RECOMMENDATIONS
Staff time.
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other: