PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER GEN 25-01, CERTIFIED RECOVERY RESIDENCES, AN ORDINANCE AMENDING CHAPTER 21, PART 2, ARTICLE 28, REASONABLE ACCOMMODATION PROCEDURES, GENERAL ORDINANCES, MARTIN COUNTY CODE
end
EXECUTIVE SUMMARY:
executive summary
This is a public hearing to consider adoption of an ordinance amending Chapter 21, Building and Housing Regulations, Part 2, Property Maintenance Code, Article 28, Reasonable Accommodations Procedures, General Ordinances, Martin County Code. As required by Section 397.487, Florida Statutes, this amendment to Article 28 will establish procedures for the review and approval of Reasonable Accommodation (RA) requests for properties involving Certified Recovery Residences, as such term is defined in Section 397.311, Florida Statutes.
body
DEPARTMENT: Growth Management
PREPARED BY: Name: Amy Offenbach
Title: Planner
REQUESTED BY:
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On May 5, 2015, the Board adopted Ordinance 971, creating the County’s RA procedures. These procedures have been utilized by applicants to seek modification or alteration to the application of the Martin County Code to accommodate individuals, or service providers to individuals, with disabilities as defined by the Americans with Disabilities Act and the Fair Housing Act.
On July 1, 2025, the State Legislature mandated that the governing body of each county shall adopt an ordinance establishing procedures for the review and approval of Certified Recovery Residences with a process for requesting reasonable accommodations that include specific timeframes. The required timeframes differ from the existing County RA procedures for all other requests. As a result, staff has proposed amendments to the text of Article 28, Reasonable Accommodation Procedures, General Ordinances, Martin County Code, to address, specifically, Certified Recovery Residences.
The proposed amendments add a process specifically for the review and approval of RA requests for properties involving Certified Recovery Residences. The amendments mirror the minimum requirements set forth in Section 397.487, Florida Statutes. Staff also proposes a change to the application requirements within the existing RA procedures for all other requests.
Included with this item is a Staff Report that provides a detailed description and analysis of the proposed text amendments.
This public hearing was advertised in The Stuart News on April 24, 2026.
ISSUES:
None
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 28, Reasonable Accommodation Procedures, General Ordinances, Martin County Code.
ALTERNATIVE RECOMMENDATIONS
Move that the Board continue the item to a date certain and provide staff direction.
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: