PLACEMENT: Public Hearings
TITLE:
title
LEGISLATIVE PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING ARTICLE 3, ZONING DISTRICTS, LAND DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE, REGARDING ACCESSORY DWELLING UNITS, A TEXT AMENDMENT (LDR 25-03)
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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:
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, LDR, Martin County Code.
The proposed changes will (i) rename and update several definitions to incorporate standardized terms regarding ADUs, (ii) update the permitted uses to allow ADUs in the appropriate zoning districts and (iii) reorganize ADU development standards.
This matter was properly noticed and heard before the Local Planning Agency (LPA) on December 4, 2025. The LPA unanimously recommended approval of the proposed amendments with a vote of 4-0. Staff’s analysis of the proposed amendment is set forth in the attached Final Staff Report.
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 BCC, by a majority plus one vote, elects to conduct that hearing at another time of day.
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
1. Move that the Board receive the agenda item and attachments and direct staff on any changes; and
2. Move that the Board hold the second public hearing to consider the approval of LDR 25-03 on February 24, 2026, at 9:00 AM, or as soon after as the matter may be heard and prior to 5:00 PM.
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: