This code shall be entitled the "Martin County Land Development Regulations" and may also be referred to as and cited as the "Land Development Regulations" or the "LDR."

(Ord. No. 541, pt. 1, § 1.1, 2-9-1999)

The Land Development Regulations are enacted pursuant to the requirements and authority of the Local Government Comprehensive Planning and Land Development Regulation Act, specifically F.S. § 163.3202; F.S. § 125.01; and article VIII of the Florida Constitution.

(Ord. No. 541, pt. 1, § 1.2, 2-9-1999)

The Land Development Regulations have been adopted to implement the goals, policies and objectives of the Martin County Comprehensive Growth Management Plan and to insure that the use and development of land in the unincorporated area of Martin County is consistent with the Martin County Comprehensive Growth Management Plan. The Land Development Regulations in conjunction with the Martin County Comprehensive Growth Management Plan establish the regulations and procedures governing the use and development of land for the purpose of protecting natural and manmade resources and maintaining, through orderly growth and development, the character, stability and quality of life of present and future community residents.

(Ord. No. 541, pt. 1, § 1.3, 2-9-1999)

1.4.A.

General applicability. The provisions of the Land Development Regulations shall apply to all development and land use activities within the unincorporated area of Martin County. Existing structures and uses that are inconsistent with the provisions of the Land Development Regulations shall be permitted only as provided for in article 8, Nonconformities. All development and land use applications filed after the effective date of the Land Development Regulations shall be required to comply with the provisions of the Land Development Regulations.

1.4.B.

Development order issued prior to effective date of LDR. The provisions of the Land Development Regulations and any amendments hereto shall not affect the validity of any development order lawfully issued prior to the effective date of an applicable provision of the Land Development Regulations provided that the development order remains valid. In the event that a development order becomes invalid through expiration, revocation or lack of compliance with conditions of approval or timetable requirements, any further development on the site shall occur only in conformance with the requirements of the Land Development Regulations.

1.4.C.

Projects in the adopted CIP. The development of capital improvement projects listed in the adopted Capital Improvements Plan may be exempt from strict compliance with any part of these LDR if determined appropriate by the Board of County Commissioners (BCC). In determining whether a requirement may be waived, the BCC shall consider:

1.

The purpose that the requirement is intended to serve.

2.

Whether waiver of the requirement will detrimentally affect the health, safety and welfare of the community.

3.

Whether any alternative measures can be taken to substantially meet the purposes of the requirement.

4.

The cost to the taxpayers of meeting the requirement as weighed against the benefits of the requirement.

5.

The nature and extent of the proposed improvement.

6.

No requirement may be waived if such waiver would be inconsistent with the requirements of the Comprehensive Plan.

(Ord. No. 541, pt. I. § 1.4, 2-9-1999; Ord. No. 587, pt. 2, § 1.4, 5-15-2001)

1.5.A.

Generally. The Land Development Regulations shall be interpreted and administered to achieve consistency with the overall goals, policies, and objectives of the Comprehensive Growth Management Plan as interpreted by the Board of County Commissioners. The Land Development Regulations shall be construed liberally to effect the purposes thereof, and the rules of this section shall be observed except when the context clearly requires otherwise.

1.

Words used or defined in one tense or form shall include other tenses or derivative forms.

2.

Words in the singular shall include the plural and words in the plural shall include the singular.

3.

The masculine gender shall include the feminine and the feminine shall include the masculine.

4.

The particular shall control the general.

5.

The words "should" or "shall" or "will" are mandatory.

6.

The word "may" is permissive.

7.

In the event of a conflict between the text of the Land Development Regulations and any caption, illustration, table, map, graph or chart, the text shall control.

8.

The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

9.

The word "erected" also includes constructed, reconstructed, altered, placed, or relocated.

10.

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows:

a.

"And" indicates that all the connected terms, conditions, provisions or events shall apply.

b.

"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

c.

"Either… or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

11.

Words or phrases shall be construed according to their customary meaning unless defined in the Land Development Regulations.

12.

The terms "written" or "in writing" shall be construed to include any representation of words, letters, diagrams or figures, whether by printing or otherwise.

13.

The word "person" includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

14.

Any reference to laws, ordinances, codes, or other regulations shall include any future amendment to such laws, ordinances or regulations.

1.5.B.

Computation of time. In computing any period of time prescribed by the Land Development Regulations, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day shall be included unless it is a Saturday. Sunday, or holiday recognized by Martin County, in which case the period shall run until the end of the next day that is not a Saturday, Sunday or holiday recognized by Martin County. Unless specified otherwise, a "day" shall be a calendar day.

1.5.C.

Delegation of authority. When a provision requires a department head or some other County officer or employee to do some act or perform some duty, the provision shall be construed to authorize the County Administrator to delegate to another qualified County officer or employee the performance of the required act or duty unless the terms of the provision specify otherwise. When a provision requires the County Administrator to do some act or perform some duty, the provision shall be construed to authorize the Board of County Commissioners to delegate to another qualified County officer or employee the performance of the required act or duty unless the terms of the provision specify otherwise.

(Ord. No. 541, pt. 1, § 1.5, 2-9-1999)

Provisions of the Land Development Regulations shall become effective as specified within the ordinance adopting the subject provision. When any provision of the Land Development Regulations is amended, the effective date of the amendment shall control for the purposes of deciding any question related to such amendment.

(Ord. No. 541, pt. 1, § 1.6, 2-9-1999)

If any portion of the Land Development Regulations is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of the Land Development Regulations. If the Land Development Regulations or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance.

(Ord. No. 541, pt. 1, § 1.7, 2-9-1999)

The provisions of the Land Development Regulations shall be construed in accordance with the rules of statutory construction. However, where there is a conflict with any other provision of the Land Development Regulations, the Martin County Comprehensive Growth Management Plan or the Code of Ordinances of Martin County, the more restrictive requirement shall govern.

(Ord. No. 541, pt. 1, § 1.8, 2-9-1999)