It shall be within the powers of the governing body, hereinafter known as the board of county commissioners, to adopt zoning regulations for all of the unincorporated area of Nassau County, Florida, and to divide the unincorporated area of Nassau County, Florida, into districts or classifications of such number, shape and size as may be deemed best suited, and to regulate the uses of lands, water, buildings and other structures for trade, industry, residence and the purposes within the districts or classifications, and to regulate the height, number of stories, size, bulk, location, erection, construction, repair, reconstruction, alteration, and use of buildings and other structures within the districts or classifications; and to regulate the size of lots, tracts of land, yards, courts and other open spaces and the percentage and portion of lots that may be occupied in connection with the construction and location of buildings or other structures within the district classifications.

It shall be the responsibility of the board of county commissioners to perform the following duties and responsibilities in accordance with this ordinance.

(A)

Adopt zoning ordinance: Adopt this ordinance, and any amendments thereto in accordance with, and based upon the adopted Nassau County Comprehensive Plan.

(B)

Make amendments to the zoning ordinance and map: A simple majority vote of the board of county commissioners is needed to amend the provisions of this ordinance and the zoning map after holding the required public hearing. The planning and zoning board must review all proposed amendments, hold a public hearing, and submit written recommendations to the board of county commissioners before any official action can be taken. A simple majority vote of the board of county commissioners is also needed to override any recommendation of the planning and zoning board.

(C)

Establish schedule of fees (See appendix): The established schedule of fees shall apply to action under this ordinance. A receipt showing payment of the applicable fee shall accompany an application prior to consideration thereof. Such fees are to offset costs incidental to holding the public hearing and to not include the cost of advertisement in a newspaper of general circulation. Such advertisement shall be paid for by the applicant.

(D)

Review and decide appeals of planning and zoning board: Any person or persons, jointly or severally, aggrieved by any decision of the planning and zoning board shall file an appeal with the board of county commissioners within thirty (30) days after the planning and zoning board has rendered its decision.

(E)

Appropriation of funds: Appropriate, as deemed necessary, funds to defray the cost of administering this ordinance.

The planning director shall administer the provisions of this ordinance. The responsibilities of the planning director are as follows:

(A)

The day-to-day administration of this ordinance.

(B)

Assist applicants in understanding the provisions of this ordinance.

(C)

Receive and begin the processing of all applications for zoning changes, variances and conditional uses.

(D)

Collect the required zoning fees and deposit with the appropriate county fiscal officer.

(E)

Assist the planning and zoning board in maintaining and keeping updated the zoning regulations, the zoning map, and all records relative to the zoning regulations and their administration as set forth in this ordinance or as may otherwise be necessary.

(F)

Ensure that zoning districts, as they appear on the adopted zoning district map, are consistent with the density and intensity of uses identified on the Future Land Use Map as adopted by the county.

(G)

Suggest to the planning and zoning board and the board of county commissioners modifications to the zoning ordinance and map, with a written statement outlining the need for such changes.

(H)

Conduct the necessary field inspections required to make rational zoning decisions and to adequately advise the planning and zoning board and board of county commissioners on zoning matters.

(I)

Mail notices of zoning requests to be considered at the regularly scheduled meetings to members of the planning and zoning board at least seven (7) days prior to the meeting date. This will allow members ample time to review the various zoning requests.

(J)

Review all applications for building permits, including site plans, to determine whether the proposed construction, alteration, repair or enlargement of a structure is in compliance with the county comprehensive plan and zoning ordinance. The director of public works or his designee shall sign off on new construction and substantial improvement, and all building applications to attest that "concurrency" will be met by such development and that such development is consistent with the county's adopted comprehensive plan.

(K)

The planning director shall provide written recommendation to the planning and zoning board and the board of county commissioners regarding the consistency of the proposed rezonings and land use changes with the county zoning code and comprehensive plan.

(L)

Submit notices of all zoning meetings and hearings, in a manner prescribed by law, to the local newspaper.

(M)

Post signs on property undergoing zoning proceedings and ensure that these signs shall be promptly removed after the zoning process is completed.

(N)

Periodically canvass the county for zoning violators. Promptly notify the code enforcement officer of persons or establishments that are in violation of this ordinance.

(O)

Code enforcement shall initiate proceedings against violators of this ordinance in accordance with the provisions of article 4.

(P)

Provide the minutes to be taken for the planning and zoning board.

(Q)

Mail notices to persons owning property within three hundred (300) feet of a parcel which an application for rezoning, variance or conditional use has been submitted to the planning and zoning board for review or approval according to Florida Statutes.

(Ord. No. 2000-12, § 1, 3-25-02)

The Planning and Zoning Board shall act as the Local Planning Agency (LPA) which serves as an advisory body to the Board of County Commissioners on planning and zoning related matters as required by state law, local regulation, or as otherwise directed by the Board of County Commissioners.

(A)

Establishment of the Planning and Zoning Board: The Board of County Commissioners shall appoint the members of the Planning and Zoning Board. The Planning and Zoning Board shall be composed of seven (7) members. The members shall be appointed as follows:

(1)

One (1) member shall be appointed, when possible, from each of the five (5) county commission districts. Each county commissioner shall recommend one (1) individual who resides in their commission district, when possible, for consideration by the full Board of County Commissioners for appointment to the Planning and Zoning Board. Members shall serve four (4) year staggered terms;

(2)

One (1) member shall serve as the appointment from the Nassau County School Board, pursuant to F.S. § 163.3174(1), with said member being appointed annually by the School Board, and granted voting status;

(3)

One (1) member shall serve at-large and be appointed by the full Board of County Commissioners. Staff shall review all candidate applications received and make a recommendation for appointment. The at-large member shall serve a four (4) year term from date of appointment; and

(4)

All appointed members shall be full-time residents of Nassau County, as verified by a valid homestead exemption in his/her name maintained throughout their term in office.

(5)

No member of the board shall vote on any measure which would inure to their special private gain or loss or to the special gain or loss of any principal by whom they are retained. No member declaring a conflict of interest may take part in any discussion on such measure as a board member. No member declaring a conflict of interest shall be counted as part of a minimum quorum for the item under consideration.

All Planning and Zoning Board members' terms, with the exception of the Nassau County School Board member and the appointed at-large member, shall expire on December 31st, concurrent with the recommending county commissioner's term in office.

All members serve at the pleasure of the board of county commissioners and are subject to removal at any time during their term by a simple majority of the board of county commissioners. Any member who fails to attend three (3) consecutive meetings without providing notice and justification to the county for the absence shall be considered to have resigned the position and the vacancy shall be filled by the county commission in accordance with appointment as outlined herein.

(B)

Powers and duties:

(1)

Review all requests for rezoning of property, zoning amendments, comprehensive plan text amendments, land use map amendments, and amendments to ordinances that affect land use and make approval/non-approval recommendations to the board of county commissioners for their final determination.

(2)

Review all site plans, with the exception of those approved by the development review committee as stated in article 5, section 5.07(B), and make recommendations to the board of county commissioners.

(3)

Submit written recommendations to the board of county commissioners relative to the various requests where applicable that fall within the purview of the board of county commissioners to approve/deny.

(4)

Elect a chair and vice-chair of the planning and zoning board members. A chair and vice-chair shall be selected each year by the members of the planning and zoning board. No person shall serve more than two (2) consecutive terms as chairman.

(5)

Establish the time and days of the month of the planning and zoning board regular meeting plus workshops.

(6)

Utilize Policies and Procedures, as adopted by the board of county commissioners, for the conduct of hearings, both quasi-judicial and legislative.

(7)

Hear and decide appeals where it is alleged there is an error in any decision made by the planning director or staff as it relates to the Land Development Code (LDC) or comprehensive plan.

(8)

Hear and decide appeals concerning the application and payment of the Nassau County Mobility Fee and Impact Fees.

(C)

All members shall abide by Florida Sunshine Law, F.S. Ch. 286: Florida Public Records Law, F.S. Ch. 119; Florida Code of Ethics, F.S. Ch. 112; and all other applicable local or state statutes, ordinances, or rules.

(D)

Mandatory training for Planning and Zoning Board: As determined appropriate by the board of county commissioners, or their designee, members of the Planning and Zoning Board shall attend scheduled training sessions. Failure to attend training sessions deemed mandatory may result in removal from the Planning and Zoning Board. Members shall, prior to taking office, attend an orientation meeting to be conducted by the county attorney and applicable department head. Each member at the conclusion of orientation, shall sign a form acknowledging attendance at the orientation meeting.

(E)

Upon resignation or removal of any planning and zoning board member, the original recommending county commissioner will make recommendation to the full board of county commissioners for a new appointment to fulfill the remainder of said term.

(F)

Based on the above, a new list of planning and zoning board members shall be prepared and maintained by the director of planning, or their designee. Each county commissioner shall be notified at least sixty (60) days prior to the expiration of the terms of each planning and zoning member and a copy of the notification provided to the county manager and county attorney.

(Ord. No. 2000-44, 10-16-00; Ord. No. 2002-12, § 2, 3-25-02; Ord. No. 2003-62, § 1, 11-24-03; Ord. No. 2004-57, § 1, 12-13-04; Ord. No. 2008-02, § 1, 2-25-08; Ord. No. 2014-16, § 3.11, 8-25-14; Ord. No. 2016-02, § 7.14, 3-28-16; Ord. No. 2017-06, § 1, 2-13-17; Ord. No. 2022-01, 1-10-22; Ord. No. 2023-013, § 1, 6-12-23; Ord. No. 2024-002, § 1, 3-25-24; Ord. No. 2025-016, § 1, 7-28-25)

Editor's note— The Nassau County Mobility Fee as set forth in Ordinance No. 2014-16, and referenced in subsection (8), has not been set out, but is available at the county offices for review. Comprehensive impact fees can be located in Appendix E.

The conditional use and variance board heretofore established by the adoption of Ordinance No. 2003-62 is hereby dissolved effective January 1, 2025. All powers and duties previously granted to the conditional use and variance board are hereby transferred and vested in the planning and zoning board. All prior administrative actions, orders, or permits issued by such conditional use and variance board shall remain in full force and effect. No applications shall be referred to the conditional use and variance board on or after January 1, 2025. All applications pending hearing as of January 1, 2025, shall be transferred to and heard by the planning and zoning board. All references to the conditional use and variance board occurring elsewhere within the Nassau County Code of Ordinances or the Nassau County Land Development Code and within any other codes, ordinances, or resolutions shall hereafter be deemed to refer to the planning and zoning board.

(Ord. No. 2003-62, § 2, 11-24-03; Ord. No. 2023-012, § 1, 6-12-23; Ord. No. 2024-019, § 4, 11-11-24)