For the purpose of this ordinance, a planned unit development (PUD) shall mean the zoning district for the development of a particular parcel of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A PUD, established pursuant to ordinance of the Board of County Commissioners, must also include a preliminary development plan and project narrative with specified development conditions and a program for the provision, maintenance, and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants thereof.

As a zoning district, the terms and conditions of a PUD shall be enforceable in the same manner as enforcement of all other county code provisions. All county rules, codes, and regulations shall remain in full force and effect, and shall apply to the PUD unless a specific exemption, waiver or alternative condition is included in the approved PUD narrative and preliminary development plan. In order to justify allowing departure from the strict application of conventional zoning districts, a PUD must demonstrate, through the approval process, that it achieves desirable goals of Nassau County that would not be possible in a conventional zoning district. A PUD is not intended to be used to simply create smaller lots or reduce setbacks. It is not a "blanket variance" tool. The PUD is a tool to accommodate unique and superior urban or rural designs. PUDs may incorporate elements intended to promote affordable housing for low-income or very-low-income persons as defined in F.S. § 420.0004, accomplish greater sustainability in design, and achieve preservation of vulnerable agricultural or environmentally sensitive lands in a manner not feasible through the use of traditional zoning.

(Ord. No. 2025-018, § 2, 8-25-25)

(A)

Any use which is permitted, or permissible as a conditional use, in the underlying future land use designation may be included in a PUD.

(B)

All uses allowed in a PUD but must be specifically identified in the PUD narrative text and must be compatible with the property's identified comprehensive plan future land use designation. Such uses approved in conjunction with a PUD must provide a justification for the requested use and include defined development criteria in the PUD to mitigate any potential negative impacts of the uses. Additionally, certain desired benefits to the community must be outlined within the narrative text.

(C)

PUDs on land located within an approved sector plan or development of regional impact (DRI) are subject to the requirements of a detailed specific area plan (DSAP) or DRI development order, and may be subject to additional provisions within the Nassau County Comprehensive Plan and land development regulations.

(D)

Residential development within a DRI, PUD or otherwise established by a development order issued prior to the adoption of this amendment to the zoning code shall be limited to the number of dwelling units approved in the DRI or development order.

(Ord. No. 2025-018, § 2, 8-25-25)

All PUDs shall have a minimum site area of ten (10) upland acres.

(Ord. No. 2025-018, § 2, 8-25-25)

(A)

Each application shall identify and address applicable criteria to its specific plan of development. An application for rezoning to PUD shall proceed in general as for other applications for rezoning of land. In addition to the information usually required for such applications, the following shall be required:

(1)

Plats, surveys, and metes and bounds description of the area within the PUD.

(2)

The name and address of the owner and, if applicable, evidence of the assignment of an agent who represents all owners.

(3)

Evidence of unified ownership or control of the entire area within the PUD with all owners within the area identified. The term "controlled by" shall be interpreted to mean that such developer shall have the written consent of all owners of property within the proposed site not wholly owned by the developer.

(4)

An agreement by all owners within the PUD which includes their commitment to:

a.

Proceed with the proposed development in accordance with the PUD ordinance and such conditions and safeguards as may be set by the Board of County Commissioners in such ordinance; and

b.

Provide a narrative PUD text that clearly identifies by corresponding numbered and lettered paragraphs responses to the following criteria:

i.

Consistency with every relevant goal, policy, and objective of the adopted comprehensive plan, including, but not limited to, density and intensity limitations of the Future Land Use Map category for the property; and

ii.

The need and justification for a rezoning to PUD or PUD amendment, including identification of each proposed development condition that would otherwise not be allowed under the existing zoning, including, but not limited to, maximum lot coverage, signage, setbacks, allowable zoning uses; and

iii.

Compliance with the purpose and intent of this article 25; and

iv.

Compliance with section 25.02 and justification for any zoning uses; and

v.

The phasing of the PUD or PUD amendment, including all sub-phases, and the proposed commencement and completion of such development by phase; and

vi.

Identification of the legally responsible entity or entities for continuing operations and maintenance to such areas, functions, and facilities as are not to be provided, operated or maintained by the County; and

vii.

A termination date after which the Planning And Zoning Board (PZB) shall be required to evaluate whether all or part of the PUD has been abandoned by failure to timely commence and complete development of all or part of the phases of the PUD as identified pursuant to subsection v., or other circumstances have contributed to the development delay, if so, one (1) year extensions may be granted by the PZB at an advertised hearing with due public notice. After two (2) such extensions, if no activity has been initiated, the Board of County Commissioners shall deem the PUD abandoned which shall act as a reversion of the zoning to its pre-PUD zoning district for the areas not in compliance with the phasing schedule; and

viii.

If a reversion to pre-PUD zoning district pursuant to subsection vii. would otherwise be inconsistent with the adopted comprehensive plan in effect at the time of reversion, said reversion shall not become effective unless a comprehensive plan amendment is duly adopted; and

ix.

An infrastructure impact analysis or equivalent impact analysis to clearly outline the project's potential impact on transportation networks, circulation patterns, and public infrastructure of the county, and

x.

A signed statement voluntarily acknowledging and binding the applicant(s), property owner(s), and each of their successors in title, to every commitment made in their application and at hearing relating to the rights, terms, conditions, and limitations of the PUD narrative text and preliminary development plan, including but not limited to the phasing, terminations, and reversion.

(B)

Access: Each dwelling unit or other permitted use shall be provided access, either directly or indirectly, by a public right-of-way, private vehicular or pedestrian way or commonly owned easement. County-owned vehicles shall be permitted access on privately owned roads, easements and common open spaces in order to perform basic county services such as fire and police protection and emergency service needs of PUD residents.

(C)

Reserved.

(D)

Public infrastructure facilities:

(1)

All public infrastructure facilities, including transportation, potable water, sewage, solid waste disposal, stormwater management, and recreation and open space facilities, shall be constructed according to the requirements all adopted codes of the Board of County Commissioners.

(E)

Open space:

(1)

Open spaces and recreation areas provided within a proposed planned unit development shall be evaluated based on conformance with the policies of the adopted comprehensive plan and the ability of such areas to provide recreational opportunities, protect sensitive environmental areas, protect areas of archaeological or historical significance, contribute to community design, and encourage compatible and cooperative relationships between adjoining land uses.

(2)

Parking areas, road rights-of-way or minimum yards and spacings between dwelling units shall not be included in determining usable open space.

(3)

Reserved.

(4)

All common open space and recreational facilities shall be included in the preliminary development plans and site engineering plans. Such common open space and recreational facilities shall be constructed and fully improved according to the development schedule established for each development phase of the PUD.

(5)

If the developer elects to administer common open space through an association or nonprofit corporation, such organizations shall conform to the following requirements.

(a)

The developer must establish the association or nonprofit corporation prior to the sale of any lots or units within the PUD.

(b)

Membership in the association or nonprofit corporation shall be mandatory for all property owners within the PUD.

(c)

The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public; shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly or privately owned; and shall secure adequate liability insurance on the land.

(F)

Reserved.

(G)

Temporary sales offices. The temporary use of a residential structure as a sales office shall be in accordance with the Florida Building Code, chapter 104.1.2, temporary structures and shall be limited to a duration of one (1) year unless an extension is requested and approved by the building official, in accordance with section 104.5.1, permit intent.

(H)

Developer neighborhood notice. At the time of filing a PUD or PUD amendment application, the applicant must submit to the planning department a copy of the developer neighborhood notice mailed to the "community" and affidavit of mailing. "Community" for the purposes of the section shall include all properties within a five hundred (500) foot radius of the project boundaries, or any Homeowners Association, Condominium Association, or special district. Notice shall be mailed regular U.S. mail and postmarked no less than fifteen (15) days prior to the filing of the application. The developer notice shall include the following information:

a.

The project name, all property owner(s) and applicant(s); and

b.

The existing zoning and requested rezoning, the physical address or location of the project, and a brief description of the application request; and

c.

The developer's project coordinator contact information, including name, mailing address, telephone number, and email address; and

d.

The following statement in prominent font:

"Please contact the developer's project coordinator directly if a courtesy neighborhood informational meeting is requested of the developer. The courtesy neighborhood informational meeting will be presented by the developer, not by County staff. It is not an official County meeting or hearing on the project application. The developer neighborhood notice is not intended to be a legal notice, nor should it be relied upon to provide affected party status or standing. The developer neighborhood notice is an additional, courtesy informational tool provided to the public to facilitate early, voluntary, and direct communication between the community and PUD development applicants. This document was prepared by the developer. The County does not warrant its accuracy. The official complete application public record will be available for review after filing with the Nassau County Planning Department."

(Ord. No. 2025-018, § 2, 8-25-25)

(A)

General.

(1)

To develop a planned unit development (PUD) in Nassau County, the property must be rezoned to PUD. Rezoning shall be subject to approval of the PUD narrative text and preliminary development plan by ordinance of the Board of County Commissioners. Within one (1) year of PUD ordinance approval, the developer must submit a site engineering plan conforming to the approved preliminary development plan to the development review committee for review and approval.

(a)

If a development project is constructed in phases, the PUD and the PDP must clearly define the project phasing, including delivery of any special conditions. The site engineering plan must be in compliance with the approved PUD narrative text and preliminary development plan.

(2)

If the developer fails to submit a site engineering plan, in accordance with the procedures set forth above, within the one (1) year period specified by this ordinance and has not been granted an extension, the approved preliminary development plan and PUD zoning shall terminate, and the site shall revert to its previous zoning classification(s) pursuant to section 25.04(A)(4)b.vii. above.

(3)

If development actions required by the PUD ordinance are not taken within any time limits set by the Board of County Commissioners in such ordinance, the approval of the PUD shall be reviewed by the Planning And Zoning Board pursuant to the requirements of section 25.04(A)(4)b.vii. above.

(4)

If substantial construction, as determined by the development review committee in accordance with the criteria set forth in Section 5.07.F.4. of the Land Development Code has not begun within five (5) years after approval of the site engineering plan(s), or portion thereof as defined by the PUD phasing schedule, the approval of the PUD shall terminate and the area not compliant shall revert to its previous zoning classification(s) pursuant to section 25.04(A)(4)b.vii. above. If the approved PUD terminates under this provision, the property owner must resubmit a PUD application pursuant to the requirements of this article 25.

(B)

PUD approval procedure.

(1)

Preapplication conference. Before submitting the PUD application, narrative text, and preliminary development plan for approval as a PUD, the developer shall meet with the applicable members of the development review committee as determined by the Planning Director and such other personnel as may be necessary to determine the feasibility and suitability of the application. This step is required so that the developer may obtain information and guidance from county personnel before entering into any binding commitments or incurring substantial expenses of the site and plan preparation.

(2)

The preliminary development plan application shall be submitted with the application for PUD rezoning to the planning department at least hundred and twenty (120) days prior to the meeting of the Planning And Zoning Board, at which meeting such application is to be considered in a duly noticed public hearing. The application fee established by the Board of County Commissioners shall be collected.

(3)

The appropriate county departments, as determined by the Planning Director, shall review the PUD narrative and preliminary development plan to determine its conformity with the Nassau County Comprehensive Plan, county policies, developer agreements, development orders, regulations, and the requirements of this article and shall make their recommendation to the Planning And Zoning Board.

(4)

The Planning And Zoning Board shall review the PUD application in a duly noticed public hearing during which time public comment will be accepted. Upon completion of the review of the preliminary development plan application and all exhibits, the Planning And Zoning Board shall recommend to the Board of County Commissioners the approval, approval subject to conditions, or denial of the PUD application. The Planning And Zoning Board shall consider the planning department analysis, competent and substantial evidence presented at the public hearing, and the applicable review criteria when making its recommendations.

(5)

Upon receiving the recommendations of the Planning And Zoning Board, the Board of County Commissioners shall hold a duly noticed public hearing to review the Planning And Zoning Board's recommendations and review the PUD application. The Board of County Commissioners shall approve, approve subject to conditions, or deny the PUD application. The decision of the Board of County Commissioners shall take into consideration the applicable review criteria.

(C)

PUD review criteria. The Planning And Zoning Board and the Board of County Commissioners shall consider the following criteria when reviewing applications for rezoning to PUD:

(1)

Degree of consistency of the proposed PUD with the surrounding area in terms of character and density.

(2)

Provision for and adequacy of future public education and recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation.

(3)

The nature and overall provision of common open space, including the proposed method for the maintenance and conservation of open space.

(4)

The feasibility and compatibility of the specified proposed land uses and features contained in the PUD narrative and preliminary development plan to exist as an independent development.

(5)

The benefits inherent in a PUD classification to the general public that justify the requested departure from standard land use requirements.

(6)

The conformity and compatibility of the proposed PUD with the Nassau County Comprehensive Plan.

(7)

The avoidance of urban sprawl as defined in the adopted Nassau County Comprehensive Plan.

(8)

The provision of a layout that minimizes disturbance of environmentally sensitive lands including special flood hazard areas and jurisdictional wetlands. In urban infill areas, disturbance to environmentally sensitive lands may be permitted consistent with state and federal permitting requirements.

(9)

Conformity with any applicable regulations, development order, development agreement, and/or other binding agreement governing the subject site.

(10)

Demonstrated consistency with the overarching standards of review as defined in this article.

(D)

PUD application.

(1)

General. The PUD application shall contain the names of the developer, surveyor and engineer who prepared the preliminary development plan and topographic data map, and the name of the proposed PUD. The PUD application must contain a written narrative description of the intended plan of development, clearly indicating how approval of the PUD would meet the criteria and standards of review for PUD rezoning approval as set forth in this Article; provide a public benefit; and fulfill the purpose and intent of a PUD as set forth in this Article.

(2)

Exhibits. The following exhibits shall be attached to the PUD application.

(a)

Vicinity map indicating the relationship between the PUD and its surrounding area, including adjacent streets, thorough fares and adjacent land uses.

(b)

The preliminary development plan shall contain, but not be limited to, the following information:

1.

Proposed name or title of project, the name of the engineer, architect and developer.

2.

North arrow, scale of one inch equals two hundred feet (1" = 200') or larger, date and legal description of the proposed site.

3.

Boundaries of the tract shown with surveyed bearings, distances, closures and bulkhead lines. All existing easements, section lines, streets and physical features in and adjoining the project and zoning.

4.

Names and locations of adjoining developments and subdivisions.

5.

Proposed parks, school sites or other public and private open space.

6.

Vehicular and pedestrian circulation systems.

7.

Tabulations for gross site acreage; approximate parking areas and specific parking ratio(s); preliminary jurisdictional wetlands and wetland buffers with width calculations; submerged areas; preliminary total landscaped areas, open space, and buffers, excluding wetland buffers. Provide maximum/minimum floor area ratio and maximum impervious surface ratio.

8.

Proposed common open space, including the proposed improvements and any complementary structures, and the tabulation of the percent of the total area devoted to common open space. Areas qualifying for common open space shall be specifically designated on the plan.

9.

General statement indicating proposed means of drainage for the site to ensure conformity with natural drainage within the vicinity area or with the drainage plan established within the vicinity area.

10.

Development phasing schedule.

a.

Phase lines. Delineation of areas to be developed according to the order of construction.

b.

Schedule or thresholds for the construction and improvement of common open space, streets, utilities, and any other necessary improvements for each development phase or stage.

c.

Phase or threshold schedule for the delivery of any special condition of the PUD.

d.

Proposed build-out dates by phase.

11.

Proposed uses. Maximum number of residential dwelling units by unit type for residential uses and proposed lot sizes. Maximum/Minimum gross floor area of all non-residential uses and identification of proposed uses.

12.

General location within the site of each primary residential and secondary nonresidential use.

13.

General statement indicating source of potable water and wastewater disposal including conceptual points of connection.

14.

The proposed method of dedication and administration of the proposed common open space.

15.

Conceptual streetscape plans and architectural renderings of mixed-use, commercial, residential, and industrial buildings to determine compliance with applicable design standards.

16.

Property dimensions and existing and proposed easements that impact the character of development or design, location of the primary spine network and major roadways in the development (as differentiated from local streets serving residential units), location of proposed structures (except individual single family dwellings), conceptual area of all principal structures (except single family detached), their maximum/minimum height and maximum/minimum number of stories, maximum/minimum setbacks; conceptual location and approximate size of stormwater ponds and approximate location of major stormwater conveyance systems; jurisdictional wetlands; floodways and special flood hazard areas; approximate driveway location (except individual single family dwellings); general location of parking, minimum and maximum parking ratios, shared parking standards and characteristics of parking (e.g. on-street, off-street, etc.), cross-access locations; conceptual locations of off-street loading areas for passengers or freight; conceptual drive-through locations including stacking and escape lanes; landscaped areas and streetscape themes; bicycle and pedestrian circulation and facilities plan.

17.

Conceptual location of turn lanes; public transit stop(s) and/or child pick-up/drop-off area(s).

18.

Ancillary items. Conceptual location of exterior sales, service or storage areas; maximum height and shielding requirements of exterior lighting; proposed locations of fences and walls. If proposing signage is different than the county's general sign code then provide the proposed approximate sign location(s), dimensions, signage type, and height.

19.

Environmental assessment. The assessment may employ aerial photographs; land use and cover classifications per Florida Land Use Classification Codes (FNAI.org/gisdata.cfm); wetlands identified by the National Wetlands Inventory, SJRWMD (SJRWMD.com/gisdevelopment) or ground truthing; wildlife corridors and strategic habitat conservation areas identified by the Florida Fish and Wildlife Conservation Commission's Florida Natural Areas Inventory and Florida Department of Environmental Protection supplemented, as appropriate, by field surveys. Archaeological and historic resources shall be identified by reference to the Florida Master Site File.

(c)

Topographic data map drawn to a scale of one inch equals two hundred feet (1" = 200') or larger by a registered surveyor and/or engineer, showing:

1.

The location of the existing property lines for private property and public property, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts and drain pipes, water mains and any public utility easements.

2.

Wooded areas, streams, lakes, marshes, floodprone areas and any other physical conditions affecting the site.

3.

Existing contours, based on U.S. Coast and Geodetic data with a contour interval of two (2) feet, and proposed finished elevations.

(E)

Reserved.

(Ord. No. 2025-018, § 2, 8-25-25)

Prior to beginning construction of each development phase of the PUD, the Board of County Commissioners shall require the developer to post a performance bond guaranteeing that all public improvements and common open areas will be constructed according to the approved site engineering plan. The Board of County Commissioners shall establish reasonable time limits for completing construction of the necessary improvements. The Board of County Commissioners shall have the sole right to extend such time limits if sufficient evidence is provided by the developer to substantiate an extension. The performance bond shall have a face value equal to the cost of constructing the required improvements.

(Ord. No. 2025-018, § 2, 8-25-25)

Silvicultural and agricultural activities shall be allowed within parcels of a planned unit development until such time as building permits are issued for non-agricultural development on that parcel. Thereafter, such activities shall be limited to the range of allowable uses for the planned unit development, unless silvicultural and agricultural uses are otherwise provided for by the development order applicable to that parcel.

(Ord. No. 2025-018, § 2, 8-25-25)

Notwithstanding any provisions for deviations set forth herein, any deviation from a final development plan is required to conform to the regulations of any applicable development order, the Code of Ordinances, Land Development Code, and the PUD enacting ordinance.

(A)

Major deviation. Any major deviation from the approved final or preliminary development plan shall first be reviewed by the development review committee and require approval by the Board of County Commissioners upon recommendation of the Planning And Zoning Board any one (1) of the following shall be considered a major deviation:

(1)

Increase in the number of residential dwelling units.

(2)

Increase in the amount of non-residential square footage.

(3)

Decrease of greater than five percent (5%) in the amount of open space, common areas, or significant change in location as determined by the development review committee.

(4)

Significant change in the location of roadways or other transportation improvements as determined by the development review committee.

(5)

Increase in the number of vehicular trips that will impact external roadway networks by the lesser of a five percent (5%) increase in gross average daily trips or four hundred (400) gross average daily trips.

(6)

Changes to building placement that would substantially impact the urban form or characteristics of the development as determined by the Planning Director.

(7)

Changes that would substantially impact environmentally sensitive areas proposed for preservation including special flood hazard areas and jurisdictional wetlands as determined by the development review committee.

(8)

If applicable, changes that would decrease the amount of working agricultural lands by greater than five percent (5%) of the area dedicated for such purpose.

(B)

Minor deviation. Any minor deviation from the approved final or preliminary development plan shall be required to be reviewed by the development review committee. The following shall be considered a minor deviation:

(1)

Any change that is not defined as a major deviation or has a similar effect of a major deviation.

(Ord. No. 2025-018, § 2, 8-25-25)