In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach, transitional, horizontal and conical surfaces as they apply to a particular airport. Such zones are shown on the Fernandina Beach and Hilliard Airport Zoning Maps which are attached to this ordinance as Attachment A and Attachment B and made a part hereof.

Editor's note— It should be noted that Attachments A and B referenced above are not set out at length in this volume, but are on file and available for inspection in the office of the county clerk.

An area located in more than one (1) of the described zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(A)

Public civil airport height zones and limitations:

(1)

Primary zone: An area longitudinally centered on a runway, extending two hundred (200) feet beyond each end of that runway with the width so specified or planned for either end of the runway. No structure or obstruction will be permitted within the primary zone, that is not part of the landing and take-off area, and is of a greater height than the nearest point on the runway centerline. The width of the primary zone is as follows:

(a)

Hilliard Airpark: Runways 18 and 36: Two hundred fifty (250) feet for utility runways having only visual approaches.

(b)

Fernandina Beach Municipal

1.

Runways 17, 35, 13, 31, 08, and 26: Five hundred (500) feet for visual runways having only visual approaches.

2.

Runways 04 and 22: Five hundred (500) feet for non-precision instrument runways having visibility minimums greater than three-fourths statute mile.

The width of the primary zone of a runway will be the width prescribed in this section of the most precise approach existing or planned of [at] either end of the runway.

No structure or obstruction will be permitted within the primary zone, that is not part of the landing and take-off facilities and is of a greater height than the nearest point on the runway centerline.

(2)

Horizontal zone: The area around each civil airport with an outer boundary the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary zone of each airport's runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

(a)

Hilliard Airpark: Runways 18 and 36: Five thousand (5,000) feet for all runways designated as utility or visual.

(b)

Fernandina Beach Municipal [Airport]:

1.

Runways 17, 35, 13, 31, 98, and 26; Five thousand (5,000) feet for all runways designated as utility or visual.

2.

Runways 04 and 22: Ten thousand (10,000) feet for all runways not designated as utility or visual.

The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest composite value determined of either end of the runway. When a five thousand (5,000) foot arc is encompassed by tangents connecting two (2) adjacent ten thousand (10,000) foot arcs, the five thousand (5,000) foot arc shall be disregarded on the construction of the perimeter of the horizontal zone.

No structure or obstruction will be permitted in the horizontal zone that has a height greater than one hundred fifty (150) feet above the airport height.

(3)

Conical: The area extending outward from the periphery of the horizontal zone for a distance of four thousand (4,000) feet. Height limitations for structures in the conical zone are one hundred fifty (150) feet above airport height at the inner boundary with permitted height increasing one (1) foot vertically for every twenty (20) feet of horizontal distance measured outward from the inner boundary to a height of three hundred fifty (350) feet above airport height at the outer boundary.

(4)

Approach zone: An area longitudinally centered on the extended runway centerline and extending outward from each end of the primary surface. An approach zone is designated for each runway based upon the type of approach available or planned for that runway end.

(a)

The inner edge of the approach zone is the same width as the primary zone and it expands uniformly to a width of:

1.

Hilliard Airpark: Runways 18 and 36: One thousand two hundred fifty (1,250) feet for that end of a utility runway with only visual approaches.

2.

Fernandina Beach Municipal [Airport]:

a.

Runways 17, 35, 13, 31, 08, and 26: One thousand five hundred (1,500) feet for all utility and visual runways.

b.

Runways 04 and 22: Three thousand five hundred (3,500) feet for that end of a non-precision instrument runway other than utility, having visibility minimums greater than three-fourths (¾) of a statute mile.

(b)

The approach surface extends for a horizontal distance of:

1.

Hilliard Airpark: Runways 18 and 36: Five thousand (5,000) feet for all utility and visual runways.

2.

Fernandina Beach Municipal [Airport]:

a.

Runways 17, 35, 13, 31, 98 and 26: Five thousand (5,000) feet for all utility and visual runways.

b.

Runways 94 and 22: Ten thousand (10,000) feet for all non-precision instrument runways other than utility.

(c)

The outer width of an approach zone to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.

(d)

Permitted height limitation within the approach zones is the same as the runway and height at the inner edge and increases with horizontal distance outward from the inner edge as follows:

1.

Hilliard Airpark: Runways 18 and 35: Permitted height increases one (1) foot vertically for every twenty (20) feet horizontal distance for all utility and visual runways.

2.

Fernandina Beach Municipal [Airport]:

a.

Runways 17, 35, 13, 31, 98 and 26: Permitted height increases one (1) foot vertically for every twenty (20) feet horizontal distance for all utility runways.

b.

Runways 94 and 22: Permitted height increases one (1) foot vertically for every thirty-four (34) feet horizontal distance for all non-precision instrument runways other than utility.

(5)

Transitional zone: The area extending outward from the sides of the primary zones and approach zones connecting them to the horizontal zone. Height limits within the transitional zone are the same as the primary zone or approach zone at the boundary line where it adjoins and increases at a rate of one (1) foot vertically for every seven (7) feet horizontally, with the horizontal distance measured at right angles to the runway centerline and extended centerline, until the height matches the height of the horizontal zone or conical zone or for a horizontal distance of five thousand (5,000) feet from the side of the part of the precision approach zone that extends beyond the conical zone.

(6)

Other areas: In addition to the height limitation imposed in paragraphs (A) through (E) above, no structure or obstruction will be permitted within Nassau County that would cause a minimum obstruction clearance altitude, a minimum descent altitude or a decision height to be raised.

(B)

Airport land use restrictions:

(1)

Use restrictions: Notwithstanding any other provision of this ordinance, no use may be made of land or water within any zones established by this ordinance in such a manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use:

(a)

All lights or illumination used in conjunction with street, parking, signs, or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from a public airport or in the vicinity thereof.

(b)

No operations from any type shall produce smoke, glare or other visual hazards within three (3) statute miles of any usable runway of a public airport.

(c)

No operations from any type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

(d)

Use of land within the accident potential hazard area shall prohibit high density residential use, schools, hospitals, storage of explosive material, assemblage of large groups of people or any other use that could produce a major catastrophe as a result of an aircraft crash.

(2)

Lighting: Notwithstanding the preceding provisions of this section, the owner of any structure over two hundred (200) feet above ground level shall install lighting in accordance with Federal Aviation Advisory Circular 70-7460-1 and amendments thereto on such structure. Additionally, high intensity white obstruction lights shall be installed on a high structure which exceeds seven hundred forty-nine (749) feet above mean sea level. The high intensity white obstruction lights must be in accordance with Federal Aviation Administration Advisory Circular 70-7460-1 and Amendments.

(3)

Variances: Any person desiring to erect or increase the height of any structures, or use his property not in accordance with the regulations prescribed in this ordinance, may apply to the board of adjustment for a variance in accordance with other provisions of this zoning ordinance. No application for variance to the requirements of this ordinance may be considered by the board of adjustment unless a copy of the application has been furnished to the senior planner.

(4)

Hazard marking and lighting: Any permit or variance granted shall require the owner to mark and light the structure in accordance with the Federal Aviation Administration Advisory Circular 70-7460-1 or subsequent revisions. The permit may be conditioned to permit Nassau County or the appropriate city at its own expense to install, operate and maintain such markers and lights as may be necessary to indicate to pilots the presence of a airspace hazard if special conditions so warrant.

(5)

Airport noise zones: No person shall sell, lease or offer to sell or lease any land within the airport noise zone (100 CNR 85dBA contour) unless the prospective buyer or lessee has been given the following notice in writing:

"Noise Warning—This land lies beneath the aircraft approach and departure routes for Fernandina Beach or Hilliard Airport as applicable, and is subject to noise that may be objectionable."

More than one (1) residential dwelling unit shall not be erected on a single lot or parcel except as follows:

(A)

In conjunction with a conditional use permit for a duplex/two-family dwelling pursuant to Section 28.14(L) of the land development code.

(B)

Where more than one (1) dwelling unit previously existed on a lot or parcel on or after October 8, 1974 or currently exists on a lot or parcel, those dwelling units may be replaced provided that:

(1)

Official evidence such as, but not limited to, aerial photos, property appraiser data, or building permit data, must be provided by the landowner that confirms a building of equivalent use existed within the parcel boundaries in which the replacement structure is to be located on or after October 8, 1974.

(2)

Based on the evidence provided above, no additional dwelling units are created.

(3)

All lot and yard requirements of the current respective zoning district are met.

(4)

If the replacement dwelling unit is a mobile home then the current respective zoning district must allow for the establishment of a mobile home.

(C)

In accordance with accessory dwelling regulations found in section 28.15(K).

(D)

In conjunction with a conditional use permit for a mother-in-law dwelling pursuant to Section 28.14(J) of the Nassau County Land Development Code.

(Ord. No. 2017-31, § 1, 10-9-17; Ord. No. 2019-06, § 2, 2-25-19; Ord. No. 2019-29, § 2, 11-18-19; Ord. No. 2019-30, 11-18-19)

Editor's note— Ord. No. 2017-31, § 1, adopted Oct. 9, 2017, changed the title of § 28.02 from "Erection of more than one principal structure on a lot" to read as herein set out.

No lot or parcel of land shall be used for the construction, location, or erection of any building, structure or mobile home where such lot or parcel does not front on a public or private roadway approved by the county director of public works. The lot or parcel shall front for a distance of not less than the required minimum lot width for the subject zoning classification or thirty-five (35) feet if located fronting on an approved cul-de-sac. On a curvilinear street, the width, as it applies to this section, shall be measured at the front setback line of the respective zoning district. The width, as it applies in this section, as measured for lots fronting on an approved cul-de-sac shall be measured at the property/right-of-way line. Variations and variances related to access shall be reviewed by the public works director pursuant to Article 15 of the Roadway and Drainage Standards. Waiver of the minimum requirements for road frontage for individual residential building sites may be considered by the planning and zoning board pursuant to an application for waiver of road frontage.

Lots or parcels established pursuant to a recorded instrument recorded as of March 27, 2017, or are not classified as a rural subdivision, may be accessed by an existing private thirty-foot easement and may be used for the construction, location or erection of any single-family structure including a mobile home subject to the following:

(1)

The lot or parcel is in a zoning district that allows the erection of a single-family structure and meets the requirements of the zoning district.

(2)

The private easement is a minimum of thirty (30) feet and does not serve more than three (3) lots and:

a.

Each of the applicants for a thirty-foot easement shall execute an affidavit, on a form approved by the county attorney that states, at a minimum: (i) the easement is maintained by the property owners whose lots or parcels are accessed by the private easement; and (ii) acknowledges that county does not nor will not maintain the easement, and does not guarantee access by emergency vehicles, school buses or other delivery vehicles.

b.

Each of the applicants shall execute a hold harmless agreement on a form approved by the county attorney.

c.

All documents shall be recorded and run with the land.

(3)

Variations and variances related to access from an existing thirty-foot easement shall be reviewed by the public works director pursuant to article 15 of the Roadway and Drainage Standards.

Lots or parcels established pursuant to a recorded instrument, recorded as of March 27, 2017, that are accessed by a sixty-foot private dirt road easement that was named by the property appraiser prior to March 27, 2017, may be used for the construction or erection of any single-family structure and/or mobile home subject to the following:

(1)

The lot or parcel is in a zoning district that allows the erection of a single-family structure and meets the requirements of the zoning district.

(2)

The private sixty-foot easement does not serve more than five (5) lots and has been constructed to county standards (including drainage) as set forth in Ordinance No. 99-17, as amended, specifically article 11, roadway design, or alternate standards, approved by the development review committee (DRC) and inspected and approved by the director of public works or his designee.

(3)

The applicants for the sixty-foot easement shall execute an affidavit on a form approved by the county attorney that states at a minimum: (i) the easement is maintained by the property owners whose lots or parcels are accessed by the private easement; and (ii) acknowledges that the county does not nor will not maintain the easement and does not guarantee access by emergency vehicles, school buses or other delivery vehicles. All documents shall be recorded, at the applicant's expense, and run with the land.

(4)

The lot owner shall execute a hold harmless agreement on a form approved by the county attorney.

(5)

Variations and variances related to access from an existing sixty-foot easement shall be reviewed by the public works director pursuant to article 15 of the Roadway and Drainage Standards.

Waiver of road frontage. A waiver from the minimum road frontage requirements may be considered by the planning and zoning board. This waiver is only available to residential properties that were recorded in the public records of Nassau County as of March 27, 2017, or new residential building sites created via the open rural homestead land split exemption, the parent tract land split provision and/or the family hardship development provision. Applications for this waiver shall be in writing on a form created by the Nassau County Attorney and filed with the department of planning and economic opportunity with all required attachments and information. At a minimum, the following shall be submitted:

(1)

A site plan, survey or scaled drawing of the residential building site and means of ingress and egress.

(2)

Deed and legal description.

(3)

Proof of easement for access to the property.

(4)

An executed owner's authorization and/or proof of ownership.

(5)

Information that sets forth any practical and/or economic difficulties in adhering to the regulations. The planning and zoning board may approve a waiver of road frontage based on a finding that the application meets the following criteria:

a.

There are practical and/or economic difficulties in adhering to the regulations.

b.

There is an approved easement providing access to the building site.

c.

A hardship exists as differentiated from an attempt to circumvent minimum standards. Within fourteen (14) days of receipt, department of planning and economic opportunity will review the application for waiver of road frontage for completeness only. If not complete, a written request for additional information will be made. If the application is complete, the matter will be placed on the next available planning and zoning board agenda. A completed packet must be submitted a minimum of thirty (30) days prior to the planning and zoning board meeting. A fee will be established by separate resolution of the board of county commissioners.

(Ord. No. 2017-03, § 1, 1-23-17; Ord. No. 2017-14, § 1, 6-12-17; Ord. No. 2017-32, § 1, 10-9-17; Ord. No. 2019-13, § 2A, 5-13-19)

No land which is residentially zoned shall be used for driveway, walkway or access purposes to any land which is nonresidentially zoned, or used for any purpose not permitted in a residential district except for ingress and egress to an existing use which does not abut on a street.

Heavy vehicles such as tractors, trucks and school buses (including CV, GW, KS, and P Florida license classifications) shall not be parked in any residential district except as may be required for normal loading or unloading of such vehicles and during the time normally required for service at dwellings, or at structures or activities permitted or permissible in such residential districts by the terms of the zoning ordinance.

No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored in a residentially zoned lot or in any other location not approved for such use. Major recreational equipment may be parked or stored in a required rear or side yard, but not in required front yards; provided, however, that such equipment may be parked anywhere on residential premises for not to exceed twenty-four (24) hours during loading and unloading.

The following regulations shall apply to the location, design, construction and operation, and maintenance of service stations, and/or gasoline dispensing facilities:

(A)

Lot dimensions: A service station lot shall be of adequate width and depth to meet all setback requirements; but in no case shall a corner lot have less than two (2) street frontages of at least one hundred (100) feet each and an interior lot shall have a street frontage of at least one hundred (100) feet.

(B)

Lighting: All lights and lighting located on a service station shall be so designed and arranged so that no source of light shall be directly visible from any residential district; this provision shall not be construed to prohibit interior-lighted signs.

(C)

Location of pumps and structures: No main or accessory buildings, no sign of any type, and no gasoline pump shall be located within twenty (20) feet of the lot line of any property that is residentially zoned. No gasoline pump shall be located within twenty (20) feet of any street right-of-way.

The following regulations shall apply to the location, design, construction and operation, and maintenance of lawn or landscape maintenance services, as defined in article 32 of this Code, that are located in the Commercial Neighborhood (CN) zoning district:

(A)

Permitted activities. The following activities are permitted on site for this type of establishment:

(1)

Office activities.

(2)

Parking or storage of light- and medium-duty vehicles and equipment used in the lawn or landscape maintenance business (i.e., light- or medium-duty vehicles, mowers, weed or hedge trimmers, garden tools and other equipment).

(3)

Routine maintenance and cleaning of vehicles and equipment as described above.

(B)

Prohibited activities. The following activities are prohibited on site for this type of establishment:

(1)

Parking or storage of heavy-duty vehicles or construction equipment.

(2)

Bulk storage of plants or landscaping materials (i.e., mulch, stone, soil, etc.).

(3)

Retail sale of plants or landscaping materials.

(C)

Outdoor storage areas.

(1)

Interior contents of outdoor storage areas shall not be visible from the public right-of-way preferably located within the rear yard of the principal structure.

(2)

Outdoor storage areas shall not exceed fifty (50) percent of the total site area.

(3)

Outdoor storage is limited to light- or medium-duty vehicles and equipment used in the lawn or landscape maintenance business.

(D)

Screening and buffering.

(1)

Outdoor storage areas shall be screened from the public right-of-way by a medium density buffer, as defined in article 37, section 37.06.

(2)

A medium density buffer, as defined in article 37, section 37.06 is required between outside storage areas and residential zoned property.

(3)

For other areas of the site, screening and buffering is as required by article 37, section 37.06.

(Ord. No. 2015-22, § 2B(Exh. B), 12-14-15)

Editor's note— Ord. No. 2008-01, § 2(G), adopted Jan. 31, 2008, repealed App. A, § 28.08, which pertained to buffers and derived from Ord. No. 97-19, adopted July 28, 1997; Ord. No. 2003-26, §§ 1—3, adopted May 12, 2003. The user's attention is directed to App. A, § 37.01 et seq.
 Subsequently, Ord. No. 2015-22, § 2B(Exh. B), adopted Dec. 14, 2015, enacted new provisions to read as herein set out.

(A)

Development guidelines:

(1)

Location and access: A travel trailer park or campground shall be so located that no entrance nor exit from a park shall discharge traffic into any residential district. A travel trailer park or campground fronting on a public street shall have a minimum of one hundred-fifty (150) feet of frontage.

(2)

Permitted use: Spaces in the travel trailer park and campground shall be used exclusively for temporary portable housing. Permanent occupancy for dwelling purposes is prohibited. Spaces shall be rented by the day or week only.

(3)

Accessory uses: Management headquarters, recreational facilities, toilets, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to the operation of a travel trailer park or campground are permitted as accessory uses.

(4)

Yard requirements: Twenty-five (25) feet front, rear and side yards shall be provided for travel trailer parks or campgrounds.

(5)

Relation of spaces to exterior streets: No space intended for occupancy shall be so located that any part intended for occupancy for sleeping purposes shall be within fifty (50) feet of the right-of-way line of any arterial street or within twenty-five (25) feet of the right-of-way line of any other street.

(6)

Design of access to park: All traffic into or out of the park shall be through entrances and exits designed for the safe and convenient movement of traffic.

(7)

Off-street parking, loading and maneuvering space: Each travel trailer park or campground shall provide adequate off-street parking, loading and maneuvering space. In connection with the use of any travel trailer park or campground, no parking, loading, or maneuvering incidental to parking, or loading shall be permitted on any public street, sidewalk or public right-of-way.

(B)

Site engineering plan: A site engineering plan is required for all travel trailer park and campground developments in Nassau County. All site engineering plans shall be submitted and processed in accordance with section 5.07 of the land development code.

(Ord. No. 2010-08, § 7, 7-26-10; Ord. No. 2025-019, § 2, 7-28-25)

(A)

Temporary office: A mobile home may be used in any zoning district as a temporary office or shelter for materials or tools incidental to construction or development of the premises upon which the mobile home is located, provided a permit for such construction or development has been issued. Such use of a mobile home shall not be permitted for more than one (1) month after the completion of such construction or development.

(B)

Temporary public use: Any agency of local, municipal, state or federal government may utilize a mobile home for temporary public purposes in any zoning district, provided such use shall not include a residential use.

(C)

Sales lot: A mobile home may be used as a sales office on a mobile home sales lot in any zoning district permitting such use. The sales office and any mobile home structure displayed on the sales lot shall meet the applicable setbacks for the zoning district in which it is located.

(D)

Mobile home on individual lot in certain districts: Mobile homes shall not be located in any district which does not specifically allow mobile homes as a permitted or permissible use.

All mobile home parks developed in Nassau County shall meet the following minimum standards:

(A)

All mobile or manufactured home parks or land-lease communities shall have a minimum area of ten (10) acres.

(B)

Each mobile home space shall have a minimum area of three thousand (3,000) square feet.

(C)

The maximum density of any mobile or manufactured home park or land-lease community shall not exceed eight (8) units per gross acre; or that allowed by the underlying future land use map (FLUM) designation, whichever is less.

(D)

Each mobile home space shall be provided with two (2) paved off-street parking spaces.

(E)

Each mobile or manufactured home shall be placed on supports or pillars which rest on concrete pads. Each mobile home shall be securely anchored to the ground.

(F)

Prior to occupancy, skirts shall be installed around every mobile or manufactured home.

(G)

Each mobile or manufactured home park or land-lease community shall be provided with adequate park or recreational areas for residents based on a recreation standard of one hundred fifty (150) square feet per mobile home space.

(H)

All streets and roads within a mobile or manufactured home park or land-lease community shall have a minimum width of forty (40) feet. Cul-de-sac or dead end streets shall have a turning radius of at least forty (40) feet.

(I)

All streets must conform to the county's latest adopted roadway and drainage standards.

(J)

All drainage plans for the mobile or manufactured home parks or land-lease communities shall be approved by the public works director.

(K)

Sidewalks shall be provided along major streets in mobile or manufactured home parks or land-lease communities. Sidewalks shall be at least four (4) feet wide.

(L)

A landscaped buffer at least eight (8) feet wide and six (6) feet high shall be maintained along the exterior boundary of the mobile or manufactured home park or land-lease community.

(M)

Each mobile or manufactured home park or land-lease community shall contain adequate management, maintenance, space, and storage areas.

(N)

If a mobile or manufactured home sales lot or area is operated in conjunction with any mobile or manufactured home park or land-lease community, such area shall not exceed ten (10) percent of the gross site area. The sales area shall be separated from the remainder of the mobile home park by a solid fence, wall or hedge with a minimum height of six (6) feet. The sales area shall also be located in a manner which will not impede the ingress and egress to the site.

(Ord. No. 2014-08, § 2.2(Exh. B), 4-14-14)

Editor's note— Ord. No. 2014-08, § 2.2(Exh. B), adopted April 14, 2014, changed the title of § 28.11 from "Mobile home parks" to "Mobile or manufactured home parks (land-lease communities)."

All lands which become classified as open rural for ad valorem tax purposes by the county tax assessor, shall be considered to be in the Open Rural (OR) District during the time such classification is maintained regardless of the zoning district shown on the Zoning Atlas for such lands. All uses, restrictions and regulations provided in the OR District shall apply to such lands during the time such classification is maintained.

Essential public services may be permitted in any zoning district. Essential public services are hereby defined as, and are limited to certain installations of water, sewer, gas, telephone or electrical systems, and similar installations; provided however:

(A)

That this section shall not be deemed to permit the location in a district of such major installations as electrical or gas generating plants, sewage treatment plants, water pumping or aeration facilities and other similar major installation, unless such facilities were constructed or construction was started prior to the adoption of this ordinance. Otherwise, such uses shall be permissible only as conditional uses.

(B)

That this section shall not be deemed to permit the erection of structures for commercial activities such as sales of related merchandise or collection of bills in districts from which such activities would otherwise be prohibited.

(C)

The installation of utility cabinets shall be allowed within public rights-of-way, subject to review and approval of the utility permit by the county engineer. Utility cabinets shall be permitted on properly recorded utility easements adjacent to public rights-of-way subject to the following conditions:

(1)

Utility cabinets located within a required front yard shall not exceed seven (7) feet in width, six (6) feet in height above natural grade, and three (3) feet in depth. Any cabinets or structures larger than seven (7) feet in width by six (6) feet in height by three (3) feet in depth shall meet all applicable setbacks within the subject district.

(2)

Utility cabinets located in a required front yard shall not be located nearer than five (5) feet to the right-of-way line.

(3)

Utility cabinets located in a required front yard shall maintain an unobstructed clear sight triangle where driveways or streets intersect a public right-of-way. The sight distance triangle shall be measured from the point of intersection ten (10) feet along the accessway and ten (10) feet along the right-of-way, with the third side being a line connecting the two (2) points.

(4)

A sight plan shall be submitted to the zoning department for review and a building permit shall be issued upon approval of the site plan.

In addition to the permissible conditional uses listed in the schedule of district regulations, the following uses shall be permissible conditional uses in the district indicted. Unless specific provisions are made otherwise in the grant of the conditional use, such use shall conform to all supplementary regulations listed under such use.

(A)

Home occupations: Home occupations are a permissible conditional use in any residential district which does not include such occupation as a permitted use, subject to all the following conditions:

(1)

No person other than members of the family residing on the premises shall be engaged in such occupation.

(2)

The use of the premises shall be clearly incidental and subordinate to its use for residential purposes and shall under no circumstances change the residential character thereof.

(3)

There shall be no change in outside appearance of building or premises, or other visible evidence of the conduct of such home occupation, except that one (1) sign shall be permitted not exceeding one (1) square foot in area, non-illuminated, mounted flat against the wall of the principal building at a position not more than two (2) feet from the main entrance to the residence.

(4)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

(5)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(6)

The giving of art, music or other instructions or lessons shall be limited to not more than four (4) persons at any one (1) time.

(7)

Fabrication of articles such as are commonly classified under the terms of arts and handicrafts shall be deemed a home occupation and can be sold on the premises.

(8)

All goods and services offered for sale in conjunction with a home occupation shall be produced on the premises, and all services shall be performed by a member of the immediate family on the premises.

(B)

Child care facilities: Child care facilities as defined in state law and in this Code shall be permissible conditional uses in all residential districts subject to all the following conditions:

(1)

Sites for child care facilities must, at a minimum, meet the lot area, width, and setback requirements of the zoning district in which they are located.

(2)

Reserved.

(3)

All facilities, operation and maintenance shall meet all applicable county and/or state regulations and licensing requirements for such use.

(4)

The conditional use application shall state the maximum number of children to be accommodated and in no case shall the number of children approved in the conditional use application be exceeded.

(5)

All child care facilities, as defined in this Code, are subject to the site plan review standards found in section 5.07 of this Code.

(6)

This subsection does not apply to family day care homes, as defined in state law and in this Code. Licensed family day care homes are a permissible use in all residential districts.

(C)

Parking lots: Off-street parking lots shall be a permissible conditional use in all residential districts for churches only provided:

(1)

A buffer consisting of a wall, fence or vegetation as determined by the planning and zoning board shall be erected along property lines adjacent to property zoned for residential uses.

(2)

No source of illumination for such lots shall be directly visible from any window in any residence in the residential district.

(3)

There shall be no movement of any vehicles on such lots between the hours of 11:00 p.m., and 7:00 a.m.

(4)

There shall be no sales or service activity of any kind on such lots.

(5)

Vehicles prohibited from being parked in residential districts by article 28, section 28.05, shall not be permitted to be parked on such lot.

(D)

Cemeteries: Cemeteries and mausoleums (but not funeral homes and mortuaries) are permissible conditional uses in all residential districts. Such uses must be buffered from adjacent residential areas in accordance with article 28, section 28.08. A fence is required in all other districts.

(E)

Schools: Private elementary and high schools with academic curriculum similar to those of public elementary and high schools are permissible conditional uses in all residential districts.

(F)

Churches: Churches (but not temporary revival establishments) are permissible conditional uses in all residential districts.

(G)

Golf courses: Golf courses are permissible conditional uses in any residential district provided it is located on a site containing a minimum of fifty (50) acres.

(H)

Water and sewage treatment plants: Water and sewage treatment plants are permissible conditional uses in all districts. These uses must be buffered from adjacent areas in accordance with the provisions of article 28, section 28.08.

(I)

Mobile homes: A mobile home on an individual lot shall be permitted as a conditional use in any residential district in which such use is not otherwise permitted. Such conditional use shall be granted to the applicant only, shall not be transferable and shall not run with the title to the property unless otherwise specified in the grant of the conditional use.

(J)

Mother-in-law dwelling: A dwelling located on a lot or parcel ofland, together with the principal use structure, for the care of aged, infirm or impecunious parent(s). All yard requirements, lot size requirements, height and lot coverage requirements shall apply for the appropriate district unless otherwise waived by the conditional use and variance board. Conditional use application fees for a mother-in-law dwelling shall be waived by the county.

(K)

Horses and ponies: Horses and ponies may be kept in residential districts only for private riding use and only if a place of shelter therefor shall be provided which is not closer than one hundred (100) feet to any residence of different ownership. Such horses and ponies shall be kept in a fenced enclosure not closer than twenty-five (25) feet to any private property line.

(L)

Two-family dwelling (duplex): A duplex, being a single structure designed for or occupied exclusively by two (2) families living independently of each other, as defined herein, is a permissible use by exception in any residential district where not otherwise permitted, and in the Open Rural District; provided the structure shall conform to all supplementary regulations listed under the district classification as though it were a single-family dwelling (i.e., minimum lot requirement, maximum coverage by all buildings, minimum setbacks, maximum height of structure, etc.).

(M)

Adult day care centers: Adult day care centers, as defined in state law and in this Code shall be permissible conditional uses in all residential districts subject to all the following conditions:

(1)

Sites for adult day care centers must, at a minimum, meet the lot area, width, and setback requirements of the zoning district in which they are located.

(2)

All facilities, operation and maintenance shall meet all applicable county and/or state regulations and licensing requirements for such use.

(3)

The conditional use application shall state the maximum number of clients to be accommodated and in no case shall the number of clients approved in the conditional use application be exceeded.

(4)

All adult day care centers, as defined in this Code, are subject to the site plan review standards found in section 5.07 of this Code.

(Ord. No. 2002-38, § 1, 7-22-02; Ord. No. 2019-05, § 2A, 2-25-19; Ord. No. 2019-06, § 2, 2-25-19; Ord. No. 2019-29, § 2, 11-18-19; Ord. No. 2022-011, § 2, 6-13-22)

(A)

Accessory uses and structures are permitted in all districts provided such uses and structures are of a nature customarily incidental to a permitted principal use or structure and is located on the same lot (or contiguous lot in the same ownership) with such use. Any structure of portion thereof, attached to the principal structure on a lot by a roof, shall be considered part of the principal structure and not an accessory building. Accessory uses shall not involve operations or structures not in keeping with the character of the district where located. The square footage of an individual accessory structure shall not exceed the square footage of the principle (main) structure's footprint however, the foregoing square footage limitation shall not be applicable to any lot containing one (1) acre or more of upland area.

(B)

Accessory uses and structures shall not be located in required front or side yards in any zoning district except as follows:

(1)

In residential and open rural districts where a residence is the primary and principal use, detached accessory structures which are separated from the principal structure by at least ten (10) feet and are single story construction less than twenty (20) feet in height, may be located in a required side or rear yard, but not less than six (6) feet from any lot line, nor within any easement of record. Design standards for accessory dwellings are located in subsection (K).

(C)

Dog houses, pens and similar structures for the keeping of commonly accepted household pets allowed in all districts. In residential districts, the number of such pets over ten (10) weeks of age shall not exceed four (4) unless a conditional use permit has been granted allowing a greater number.

(D)

The following accessory uses and structures shall be permitted in any residential or Open Rural District:

(1)

Non-commercial greenhouses and/or plant nurseries.

(2)

Private garages and carports, provided no detached garage or carport be designed to accommodate more than three (3) vehicles, unless a conditional use permit has been granted for such and all other requirements of this ordinance have been met.

(3)

Private boat houses or RV shelters, provided such structures do not exceed one thousand (1,000) square feet in area (OR districts only) and are not live in or "condo" type shelters.

(4)

Tool and/or garden sheds, pump houses, barbecue pits.

(5)

Swimming pools and related bathhouses, subject to conditions in subsection (E) below.

(6)

Solar energy systems. When affixed to a residential structure shall be roof mounted, not to exceed two (2) feet above existing roof line. Ground mounted systems are subject to applicable setbacks for accessory structures.

(7)

Multifamily districts (RG-1 and RG-2): Temporary or permanent sales or rental offices provided such sales or rentals are for the dwelling units or lots located on the same premises.

(8)

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.

(E)

Swimming pools and bathhouses are permitted as accessory uses in any district. Private swimming pools, as regulated herein, shall be any pool, pond, lake, open tank located either above or below the existing finished grade of the site, not located within a completely enclosed building, and exceeding one hundred fifty (150) square feet in surface area and two (2) feet in depth, designed to be used for swimming or bathing purposes. A private swimming pool shall be allowed in any residential district as an accessory use only if it fully complies with the following conditions:

(1)

The pool is to be used solely for the enjoyment of the occupants or bona fide guests

(2)

The pool is not located closer than seven and one-half (7.5) feet to any side or rear property line. No swimming pool shall be located in the required side or front yard. If the pool is enclosed by a screened enclosure (i.e., screening walls and roof), the screened enclosure shall not be closer than seven and one-half (7.5) feet to any side or rear property line.

(3)

The pool shall be enclosed as required by section 424.2.17.1.1 through 424.2.18 of the Florida Building Code.

(4)

For purposes of measuring pool setbacks, the yard shall be measured from the outside of the bulkhead (water line) of the pool structure. The above setbacks shall be observed unless the setbacks for the respective district are less than seven and one-half (7.5) feet.

(5)

Notwithstanding any of the above setbacks, no portion of any swimming pool deck or screen enclosure shall be located within a utility, drainage or access easement.

(F)

In the case of double frontage lots, accessory building shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on said streets in the same block or adjacent blocks.

(G)

On corner lots, a detached accessory building shall not be located closer to the side property line along a public street than the permitted distance for the main building on the lot.

(H)

No accessory building shall be located on a residential lot unless a principal building is also located on the same lot.

(I)

Temporary Personal Storage Unit; provided, however, that temporary personal storage units maybe parked or located on private property in any district subject to the following limitations:

(1)

The size of the unit or units may not exceed one hundred fifty (150) square feet in area each (length multiplied by widths in a residential district; and

(2)

The duration of placement of the unit or units is limited to thirty (30) days, the duration of an active building permit for the property the unit or units are located on, or a reasonable amount of time for emergency cleanup after a natural disaster as determined by local, state, or federal government emergency preparedness agencies; and

(3)

The unit or units may be located in driveways, front yards, side yards, or back yards and may be located in a required setback; and

(4)

The unit may not be located within a right-of-way, access easement, or fire lane.

(J)

Shipping Containers.

(1)

Prohibited in all residential districts and PUDs, unless used as a structural element, see definitions.

(2)

Permitted in Commercial districts, however, units must be shielded from view of adjacent roadways and adjacent properties in a manner consistent with the minimum standards of sections 37.05 and 37.06, respectively. Under no circumstances may a container be placed in a required parking area. Stacking of containers is not permitted.

(3)

Permitted in all industrial districts, provided setbacks are met. This section is not intended to place limitations on approved bonafide industrial warehousing, high cube storage, shipping terminals, shipping ports, rail yards, distribution centers, or other similar industrial uses operating legally within Nassau County.

(4)

Permitted in the Open Rural district in support of bonafide agricultural activities protected by the right to farm act as defined in F.S. § 823.14, provided setbacks are met.

(5)

Permitted in non-farm Open Rural zoned property, provided setbacks are met, and provided that containers may not be placed between the primary structure and the immediately adjacent road or access easement (front of property).

(6)

The following shall apply to all districts where permitted:

(a)

Shipping Containers must meet principle-use setbacks for the respective zoning district in which the container is placed.

(b)

Under no circumstances shall a Shipping Container be used for human or animal habitation, unless adaptively re-used in a construction project signed and sealed by an engineer or architect licensed in the State of Florida.

(c)

Under no circumstances may a Shipping Container be leased, rented, or utilized by a third party not associated with the business or residence on which the container is located.

(d)

Shipping Containers shall not be located in any easements, jurisdictional wetlands, upland buffers, landscape buffers, buffers between adjacent uses, access lanes, or fire lanes.

(e)

This section shall be construed to permit standard or high-cube Shipping containers but not tanks, platform, flat tracks, or reefer (refrigerated) containers.

(f)

This section shall not be construed to permit truck bodies, semi-trailers or permanent placement of Temporary Personal Storage Units.

(g)

Placement shall not require a building permit from the County.

(K)

Accessory dwellings.

(1)

Accessory dwellings are permitted by right in all residentially zoned districts that permit single-family homes, and may be developed with new or existing single-family homes.

(2)

Only one (1) accessory dwelling is permitted per single-family home parcel.

(3)

An accessory dwelling may not be larger than fifty (50) percent of the square footage of the single-family home with garage space not included in the calculation. In no case shall the total footprint of the accessory dwelling exceed more than eight hundred (800) square feet.

(4)

Design standards:

a.

Attached accessory dwellings must comply with the setback requirements for the underlying zoning district.

b.

The minimum setback for a detached accessory dwelling is six (6) feet. Detached accessory dwellings shall not be located in a required front yard. For properties with a gross area of three (3) acres or less, accessory dwellings shall not be located between the primary structure and a street. Properties over three (3) acres may place an accessory structure between the principal structure and a street but not within a required front yard.

c.

The maximum building height for an accessory dwelling is twenty-five (25) feet. Building height is defined in article 32, Nassau County Land Development Code.

d.

Exterior entrances shall be located no closer than six (6) feet to an adjoining property line.

e.

Exterior staircases shall be placed on the rear or side of the accessory dwelling structure and no closer than six (6) feet to an adjoining property line.

f.

Accessory dwelling units shall be constructed utilizing similar architectural standards as utilized for the design and construction of the principal structure.

g.

When an attached garage space is converted to an accessory dwelling, the garage door shall be replaced with materials that match the single-family home. If a detached garage is converted to an accessory dwelling, the applicant must demonstrate the site will not fall beneath the minimum parking standards defined in [subsection] (5) below.

(5)

Parking.

a.

Parking required for the existing single-family home must meet all requirements of the underlying zoning district.

b.

One (1) additional off-street parking space, beyond requirements for a single-family home, must be provided on-site for an accessory dwelling.

c.

New parking shall make use of existing curb cuts and not require additional curb cuts or driveway permits.

(6)

Accessory dwellings are subject to building permit requirements as established by the Florida Building Code and administered by the Nassau County Building Department.

(7)

In no instance shall a recreational vehicle (RV), mobile or manufactured home, or storage shed be used as an accessory dwelling unit.

(8)

When public water and sewer connections are available, accessory dwellings shall connect to the public water and sewer system. Where connection to a public water and sewer system is not available, well and septic systems must be in compliance with department of health regulations. For this section, "available" means available as determined by the department of health.

(9)

An accessory dwelling shall not be sold as a separate piece of property or as a condominium unit. Construction of an accessory dwelling does not constitute a parcel split and the county shall not approve parcel splits that separate an accessory dwelling from the associated single-family home.

(10)

In instances in which the accessory dwelling is used for a rental property, the existing single-family home on the parcel must be the primary residence for the property owner and hold an active homestead exemption through the Nassau County Property Appraiser's Office.

(11)

This section does not supersede any regulations imposed by subdivision homeowner's associations that regulate or control accessory structures or dwellings.

(12)

Existing structures approved and constructed under a conditional use as mother-in-law dwellings prior to the adoption of this ordinance are legal nonconforming uses until such time of their removal as required during approval of the use, and not subject to the requirements of this section.

(13)

Existing structures approved and constructed as a guest house or cottage prior to the adoption of this ordinance [from which this section derives] are legal nonconforming uses and not subject to the requirements of this section, except with respect to rental provisions in subsection (K)(10).

(Ord. No. 2005-29, § 2, 4-25-05; Ord. No. 2008-22, § 2, 12-22-08; Ord. No. 2012-04, § 2, 1-23-12; Ord. No. 2016-04, § 2, 4-11-16; Ord. No. 2017-22, 8-28-17; Ord. No. 2019-06, § 2, 2-25-19)

The following regulations shall apply to the location, design, construction and operation, and maintenance of wholesale or retail plant nurseries, as defined in article 32 of this Code:

(A)

Minimum lot area. The minimum lot area shall be as per the zoning district (see section 22.04(D) regarding lot size requirements in the Open Rural district).

(B)

Permitted activities. The following activities are permitted on site for this type of establishment:

(1)

Office activities.

(2)

Parking or storage of light- and medium-duty vehicles and equipment used in the business (i.e., light- or medium-duty vehicles, mowers, weed or hedge trimmers, garden tools and other equipment).

(3)

Routine maintenance and cleaning of vehicles and equipment as described above.

(4)

Bulk storage of plants or landscaping materials for sale (i.e., mulch, stone, soil, etc.).

(5)

Retail sale of plants or landscaping materials, garden tools and other equipment.

(C)

Prohibited activities. The following activities are prohibited on site for this type of establishment:

(1)

Parking, storage or sales of heavy-duty vehicles, farming or construction equipment (for wholesale nurseries only, vehicles associated with transportation of plants or materials may be permitted).

(2)

Storage or disposal of construction and demolition debris or solid waste.

(3)

Bulk storage of pesticides, chemical fertilizers or other hazardous materials not used in the conduct of the nursery operations.

(D)

Access and parking.

(1)

Retail nurseries must provide paved access to a county maintained road classified as a collector or higher and constructed in accordance with county standards.

(2)

Parking areas for retail sales areas must be paved and constructed in accordance with article 31 of this Code.

(E)

Outdoor storage areas.

(1)

Interior contents of outdoor storage areas shall not be visible from the public right-of-way preferably located within the rear yard of the principal structure.

(2)

Outdoor storage areas shall not exceed fifty (50) percent of the total site area (does not included growing areas).

(F)

Screening and buffering.

(1)

Outdoor storage areas shall be screened from the public right-of-way by a medium density buffer, as defined in article 37, section 37.06.

(2)

For required landscape areas and buffers adjacent to public rights-of-way, plant nurseries may utilize plants or materials that are sold on the premises.

(3)

A medium density buffer, as defined in article 37, section 37.06, is required between outside storage areas and property in residential use.

(4)

For other areas of the site, screening and buffering is as required by article 37, section 37.06.

(Ord. No. 2019-01, § 2(Exh. A), 1-14-19)

Editor's note— Section 2B. of Ord. No. 2010-08, adopted July 26, 2010, repealed App. A, § 28.16, which pertained to site plan requirements and derived from Ord. No. 2002-55, adopted Nov. 18, 2002.

Editor's note— Section 2B. of Ord. No. 2010-08, adopted July 26, 2010, repealed App. A, § 28.16.1, which pertained to review fee and derived from Ord. No. 2002-55, adopted Nov. 18, 2002.
 Subsequently, Ord. no. 2019-01, § 2(Exh. A), adopted Jan. 14, 2019, enacted new provisions to read as herein set out.

Editor's note— Ord. No. 2008-01, § 2(E), adopted Jan. 31, 2008, repealed App. A, § 28.16.2, which pertained to site plan landscape requirements and derived from Ord. No. 97-19, adopted July 28, 1997; Ord. No. 2002-55, § 4, adopted Nov. 18, 2002. The user's attention is directed to App. A, § 37.01 et seq.

Editor's note— Section 2B. of Ord. No. 2010-08, adopted July 26, 2010, repealed App. A, § 28.16.3, which pertained to site plan—towers and antennas and derived from Ord. No. 2002-55, adopted Nov. 18, 2002.

(A)

Continuation required.

(1)

Off-street parking or off-street loading facilities shall be maintained and continued, so long as the main use continues.

(2)

Parking spaces on lots of more than four (4) spaces, shall be marked by painted lines or curbs or other means to indicate individual spaces and shall be maintained, so long as the main use continues.

(B)

Existing uses.

(1)

Repair: Conforming buildings and uses existing as of the effective date of this ordinance [Ordinance No. 2002-55] may be modernized, altered, or repaired without providing additional off-street parking or off-street loading facilities, providing there is no increase in area or capacity.

(2)

Enlargement: Where a conforming building or use existed as of the effective date of this ordinance [Ordinance No. 2002-55] and such building or use is enlarged in floor area, volume, capacity, or space occupied, off-street loading as specified in this ordinance shall be provided for the additional floor area, volume, capacity, or space created or used. All off-street loading or parking spaces actually existing on the effective date of this ordinance [Ordinance No. 2002-55] shall be maintained and additional required spaces shall be provided for the additional floor area, except where the sum of existing and new parking spaces exceed the number required by this ordinance for the existing building or use and such enlargement combined.

(3)

Change in use: Change in use of a conforming or non-conforming building or use existing as of the effective date of this ordinance [Ordinance No. 2002-55], shall require the off-street parking and/or off-street loading spaces which would have been required for the new use had the regulations of this ordinance been applicable thereto.

(C)

Required off-street parking and loading facility.

(1)

General.

a.

The required off-street parking or loading facilities shall be identified as to purpose and location when not clearly evidenced.

b.

The county engineer or his/her designee shall determine the size or area of off-street parking facilities that will require a drainage plan to be submitted to the county for review.

c.

All off-street parking areas, except those serving single-family or two-family developments, shall be paved, striped, properly drained, maintained and landscaped. All landscaping shall be in accordance with this ordinance. The county engineer or his/her designee may allow an alternative driveway and/or parking surface in any zoning district. The alternative surface must be of a material that will suitably minimize dust particulate. The number of parking spaces, driveway widths, drainage design, landscaping, and other requirements of the zoning code shall remain in full force and shall be met for any alternative driveway or parking surface, unless otherwise waived or modified by the development review committee with the approval of the county engineer.

(2)

Barriers. Where off-street parking or loading areas for four (4) or more vehicles are located on the perimeter of a lot, barriers shall be provided to insure that all or no portion of a parked vehicle shall encroach over and onto any adjacent private property and separate ownership or over and onto any public street or sidewalks; and, further, barriers shall be provided so that no parked motor vehicle door, when open, can make such encroachment. Barriers may consist of fences, walls, hedges, chains, wheel stops, shrubs, ditches (when necessary to the drainage plan of a lot only) or other method of barrier satisfactory to the planning office.

(D)

Off-street parking and loading—Location. The required off-street parking or loading spaces shall be located on the same lot or parcel of land they are intended to serve, when feasible. If practical difficulties prevent the placing of parking facilities on the same lot with the structure they are designed to serve, such facilities shall be located on another site not more than four hundred (400) feet away.

(E)

Off-street parking and loading—Access. Each off-street parking or loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street parking or loading space. Each loading space shall be accessible from the interior of the building it serves and shall be arranged for convenient and safe egress and ingress by motor truck and/or trailer combination.

(F)

Off-street parking and loading—Design standards. Design and layout of off-street [parking] and loading shall meet the requirements set forth in the Nassau County Road and Drainage Standards.

(G)

Off-street parking and loading—Non-conforming use. Where enlargement of facilities or extensions of use are to be made in a building occupied by non-conforming use, no such enlargement of facilities or extensions shall be permitted unless and until existing off-street parking or loading is retained and additional off-street parking or loading is provided. The additional off-street parking or loading required shall be in such amount as is required for said enlargement or extension.

(H)

Off-street parking and loading—Uses not specifically mentioned. Requirements for off-street parking and loading for uses not specifically mentioned in this article, shall be the same as provided for the use most similar to the one sought, it being the intent of this ordinance to require all uses to provide off-street parking and loading.

(I)

Off-street parking and loading—Fractional measures. When units or measurements determining the number of required off-street parking or loading spaces result in requirement of a fractional space, such fraction equal to or greater than one-half (½) shall require a full off-street parking or loading space.

(J)

Off-street parking—Measurement. Floor area shall mean the gross floor area inside the exterior walls, where floor area is indicated as a basis for determining the amount of off-street parking or loading required. In hospitals, bassinets shall not be counted as beds. In stadiums, sport arenas, churches, and other places of public assembly in which occupants utilize benches, pews, or other similar seating arrangements, each twenty-four (24) lineal inches of such seating facilities shall be counted as one (1) seat for the purpose of computing off-street parking requirements.

(K)

Off-street parking—Minimum requirements. Irrespective of any other requirement of this ordinance, each and every separate individual store, office, or other business shall be provided with at least two (2) off-street parking spaces.

(L)

Off street parking spaces—Number required. Off-street parking spaces shall be provided and maintained in all districts as follows:

(1)

Residential uses:

a.

Dwellings up to four (4) units located on an individual lot: Two (2) spaces for each dwelling unit.

b.

Multi-family dwellings in excess of four (4) units: Two (2) spaces for each dwelling unit, plus one (1) space for owner or operator and one (1) space for each two (2) employees.

c.

Mobile home park: Two (2) spaces for each mobile home lot.

d.

Mobile home subdivision or mobile home on individual lot: Two (2) spaces per mobile home.

e.

Housing for elderly: One (1) space for each two (2) dwelling units.

f.

Nurses home, convent and monasteries: One (1) space for each four (4) lodging units.

g.

Fraternity and sorority houses: One (1) space for each two (2) residents.

h.

Hotels and motels: One (1) space for each sleeping room plus spaces required for accessory uses such as restaurant, etc.

(2)

Institutional uses:

a.

Sanitariums, rest homes, nursing home, convalescent homes, homes for the aged: One (1) space for each four (4) beds plus one (1) space for each employee.

b.

Hospitals: One and one-half (1½) spaces for each bed.

c.

Churches and funeral homes: One (1) space for each four (4) seats in sanctuary or chapel area plus one space for every two hundred (200) square feet of floor area in accessory structures.

d.

Art gallery, library and museum: One (1) space for every six hundred (600) square feet of gross floor area.

e.

Orphan's home: One (1) space for each employee, plus one (1) space for each six (6) beds.

(3)

Schools and educational uses:

a.

Elementary and junior high schools: Two (2) spaces for each classroom, office room and kitchen.

b.

Senior high schools: Six (6) spaces for each classroom, office room, kitchen, gymnasium and auditorium.

c.

Day nursery and kindergarten: Two (2) spaces for each employee plus adequate provision for the loading and unloading of children.

d.

Dance, art and music studios: One (1) space for every three hundred (300) square feet of gross floor area.

e.

Vocational, trace and business school: One (1) space for every three (3) seats of seating capacity.

(4)

Assembly: Recreational and similar uses:

a.

Private clubs: One (1) space for each four (4) seats, or one (1) space for each two hundred (200) square feet of gross floor area, which ever is greater.

b.

Restaurant, night club, bar or tavern: One (1) space for each four (4) seats in public rooms plus one (1) space for each two (2) employees.

c.

Theaters: One (1) space for every four (4) seats.

d.

Bowling alleys: Two (2) spaces per alley.

e.

Stadiums and arenas: One (1) space for each four (4) seats.

f.

Community center, recreational facility: One (1) space for each two hundred (200) square feet of gross floor area or one (1) space for each three (3) seats, which ever is greater.

g.

Billiard parlor: Two (2) spaces for each three (3) tables.

h.

Public, private and commercial parks, campgrounds and recreational parks: One (1) space for each campsite or picnic area.

i.

Agritourism uses: One (1) space per employee plus one (1) space for every four (4) seats of indoor public space and one (1) space per three hundred (300) square feet of outdoor area utilized for seating, gathering, or event space. Grass overflow parking shall be allowed to meet up to fifty percent (50%) of required minimum parking.

(5)

Business and professional uses:

a.

Medical and dental office or clinic: One (1) space for each doctor; plus one (1) space for each two (2) employees, plus one and one-half (1½) spaces for each consultation room or examining room, provided the maximum number of required spaces for each doctor shall not exceed seven (7).

b.

Research laboratory: One (1) space for each two (2) employees plus one (1) space for each company vehicle plus two (2) spaces for patron parking.

c.

Professional and business offices (other than medical or dental): One (1) space for each three hundred (300) square feet of gross floor space, plus one (1) space for every two (2) occupants or employees.

d.

Radio or television broadcasting office or studio: One (1) space for every five hundred (500) square feet of gross floor area.

(6)

Commercial uses:

a.

Business, commercial, or personal service establishments (not otherwise listed): One (1) space for each three hundred (300) square feet of gross floor area, plus, where applicable, one (1) space for every one thousand (1,000) square feet of lot or ground area outside the buildings used for any type of sales or display.

b.

Marinas: One (1) space for each boat berth plus one (1) space for each two (2) employees.

c.

Bus, railroad or other transportation terminals: One (1) space for each five hundred (500) square feet of gross floor area plus one (1) space for each two (2) employees.

d.

Wholesale, warehouse, or storage use: One (1) space for every two (2) employees on peak shifts, plus one (1) space for each vehicle based at the facility.

e.

Commercial shopping centers: One (1) space for each one hundred fifty (150) square feet of non-storage floor area.

(7)

Industrial and similar uses: All uses in industrial not otherwise listed: One (1) space for every two (2) employees on peak shifts, plus one (1) space for every company vehicle operating from the premises.

(8)

Handicap parking space requirements:

a.

Handicap parking spaces shall be reserved and posted in all commercial and professional districts and in any other district, which has a principal, accessory or conditional use of a building or structure open to the public.

b.

Handicap parking spaces shall be conveniently located with respect to main and secondary entrances, and ramps to sidewalks shall be provided and conveniently located in relationship to the handicap spaces.

c.

Handicap parking spaces and access structures shall be constructed in accordance with the most current standards required by section 4.6 of the Florida Accessibility Code for Building Construction and section V, ch. 553, Florida Statutes.

d.

The required number of handicap parking spaces shall be:

1.

Zero (0) to twenty (20) required spaces: one (1) handicap space.

2.

Twenty-one (21) to fifty (50) required spaces: two (2) handicap spaces.

3.

Required parking which exceeds fifty (50) spaces shall include a minimum of four (4) percent of those spaces as handicap spaces.

(M)

Off-street loading—Requirements. Off-street loading spaces shall be provided and maintained as follows:

(1)

Businesses: Each retail store, storage warehouse, wholesale establishment, industrial plant, factory, freight, terminal, merchant, restaurant, mortuary, laundry, dry cleaning establishment, or similar use which has an aggregate floor area of:

*NOTE: Plus one (1) additional off-street loading space for each additional ninety thousand (90,000) square feet over two hundred ninety thousand (290,000) feet or major fraction thereof.

(2)

Public buildings: For each auditorium, convention hall, exhibition hall, museum, hotel, motel, or office building, sports arena, stadium, hospital, sanitarium, welfare institution, or similar use which has an aggregate floor area of: over ten thousand (10,000) square feet, but not over forty thousand (40,000) square feet: one (1) space, plus one (1) space for each additional sixty thousand (60,000) square feet or major fraction thereof.

(3)

Others: For any use not specifically mentioned, the requirements for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply.

(Ord. No. 2002-55, § 6, 11-18-02; Ord. No. 2023-040, § 3, 10-9-23)

Editor's note— Ord. No. 2008-01, § 2(F), adopted Jan. 31, 2008, repealed App. A, § 28.17, which pertained to landscape requirements and derived from Ord. No. 97-19, adopted July 28, 1997. The user's attention is directed to App. A, § 37.01 et seq.

In districts where radio and television communication or relay antenna facilities or towers, water storage tanks or towers, and similar facilities are permitted or permitted as a conditional use, they shall be required to meet section 28.19.

(Ord. No. 2015-03, § 2, 3-23-15)

The county has adopted a wireless master plan (MP) to provide long-term planning for an efficient and capable wireless telecommunications network throughout the county that promotes collocation and optimal new tower and base station locations to meet the current and future wireless telecommunications needs of the county's residents, businesses, industry and visitors. The MP minimizes negative visual impacts to preserve the character and viewsheds of the county and its natural surroundings. Together the MP and ordinance promote responsible wireless network planning.

(A)

Purpose and intent. The regulations and requirements of this section are intended to:

(1)

Promote the health, safety and general welfare of the citizens by regulating the siting of wireless facilities;

(2)

Accommodate the growth and demand for wireless communication services;

(3)

Provide for the appropriate location and development of wireless facilities within the county;

(4)

Recognize that the provision of wireless services may be an essential service within such land use categories as may be provided for under the Comprehensive Plan, subject to the limitations set forth in this ordinance;

(5)

Minimize adverse visual effects of wireless facilities through careful design, siting, landscape screening and innovative camouflaging techniques;

(6)

Encourage the location and collection of antennas on existing structures thereby minimizing new visual impacts and reducing the need for additional antenna support structures; and

(7)

Further the balance between the need to provide for certainty to the communications industry in the placement of wireless facilities and the need to provide certainty to the residents and citizens of Nassau County that the aesthetic integrity of the county will be protected from the proliferation of unnecessary antenna support structures.

(8)

Accommodate and facilitate the growing need and demand for wireless services while adopting and administering reasonable rules and regulations not inconsistent with state and federal law, including F.S. § 337.401, as it may be amended, the provisions of the Federal Telecommunications Act of 1996 and other federal and state law(s).

(9)

Protect the character of the county while meeting the needs of its citizens to enjoy the benefits of wireless facilities.

(10)

Minimize the clutter of new wireless facility infrastructure in the ROW.

(11)

Prevent interference with the use of streets, sidewalks, alleys, parkways, public utilities, public views, and other public ways and places.

(12)

Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic.

(13)

Prevent interference with the facilities and operations of facilities lawfully located in ROW or public property.

(14)

Protect against environmental damage, including damage to trees.

(15)

Minimize the placement, frequency and density of new wireless facilities in ROW for public safety purposes, including vehicular and non-vehicular access and circulation, sight lines, as well as aesthetics. Therefore the county strongly encourages the siting of new wireless facilities on existing base stations and towers or on new base stations and towers outside the ROW wherever possible.

(16)

Preserve the unique character of county neighborhoods by promoting use of county property for new wireless facility placement and managing design and location through contractual lease provisions in addition to regulatory authority.

(B)

Definitions for communication facilities within a county ROW. The following definitions apply exclusively to communication facilities located within a county ROW and are applicable in connection with subsections (J), (K), (L) and (M) of this section 28.19. The following words, terms and phrases, when used in subsection (J), (K), (L) and (M) below shall have the meanings ascribed to them in this subsection (2)(B), except where the context clearly indicates a different meaning. Words not otherwise defined in this section shall be given the meaning set forth in subsection (C) of this section 28.19, and if not defined therein, as defined in the Communications Act of 1934, 47 USC 151 et seq., as amended by the Telecommunications Act of 1996 (collectively, the "Communications Act"), and, if not defined therein, as defined by F.S. § 337.401 or another applicable state statute; and, if not defined therein, be construed to mean the common and ordinary meaning.

Abandoned. Any wireless communication facility not in continued use for a period of one hundred eighty (180) consecutive days.

Ancillary structure. Equipment, devices and structures associated with a wireless communication facility in the right-of-way, including but not limited to: concrete slabs on grade, guy anchors, generators or other power sources, feed lines, mounting hardware, pedestals, and transmission cable supports; however, specifically excluding equipment cabinets, towers, alternative structures and antenna elements.

Antenna. Communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless communication services.

Antenna array. A group of antennas and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or common mounting support structure for a unified purpose of transmitting or receiving electromagnetic waves for a single wireless services provider, or if combined antennas, for the combined providers.

Antenna element. Any antenna or antenna array.

Applicable codes. Such codes shall include this Code of Ordinances; uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons. The term includes objective design standards adopted by ordinance that may require a small wireless facility to meet reasonable location context, color, stealth, and concealment requirements; however, such design standards may be waived by the county upon a showing that the design standards are not reasonably compatible for the particular location of a small wireless facility or that the design standards impose an excessive expense. The waiver shall be granted or denied within forty-five (45) days after the date of the request via application to the planning and zoning board.

Application. A request that is submitted by an applicant to the county for a permit to collocate wireless facilities or to approve the installation, modification, or replacement of a utility pole, county utility pole, or wireless support structure.

Collocation. To install, mount, maintain, modify, operate, or replace one (1) or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wireless support structure in the public ROW.

Combined antenna. An antenna or an antenna array designed and utilized to provide wireless communications services for more than one (1) wireless provider, or a single wireless provider utilizing more than one (1) frequency band or spectrum, for the same or similar type of services.

Communications services. A cable service as defined in 47 U.S.C. § 522(6), information service as defined in 47 U.S.C. § 153(24), telecommunications service as defined in 47 U.S.C. § 153(53), or wireless services.

Communications services facilities. A structure or structures used to provide communication services. The term shall include wireless facilities.

Communications services facility provider. An entity who provides communications services. The term shall include wireless infrastructure providers and wireless service providers.

Concealed. A pole, antenna element or ancillary structure, or equipment box that is not readily identifiable as such, and is camouflaged and designed to be aesthetically compatible with the area so as to reduce or mitigate the facility's potential adverse visual impacts on the surrounding areas. Concealed poles are designed to conceal the equipment internally.

Equipment cabinet. Any structure, including: cabinets, shelters, pedestals, and other similar structures that are used exclusively or in combination with ancillary facilities, to contain radio or other equipment necessary for the transmission or reception of wireless communication signals.

FAA. The Federal Aviation Administration.

FCC. The Federal Communications Commission.

FDOT. The Florida Department of Transportation.

In public ROW or in the public ROW shall mean in, on, over, under or across the public ROW.

Law means any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or other requirement, as amended, now in effect or subsequently enacted or issued, including, but not limited to, the Communications Act of 1934, 47 USC 151 et seq., as amended by the Telecommunications Act of 1996, PL 104-104 § 101(a), 110 Stat. 70, and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Commission or the governing state authority pursuant thereto.

Micro wireless facility. A small wireless facility having dimensions no larger than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and an exterior antenna, if any, no longer than eleven (11) inches.

Pass-through provider. Any person who, upon registering with the county, places or maintains a wireless communications facility in the county's ROW and that does not remit communications service taxes as imposed by the county pursuant to F.S. ch. 202 and F.S. § 337.401.

Place or maintain or placement or maintenance or placing or maintaining. To erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A communications services facility provider or pass-through provider that owns or exercises physical control over wireless communications facilities in public ROW, such as the physical control to maintain and repair, is "placing or maintaining" the facilities. A party providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public ROW is not placing or maintaining facilities in the public ROW.

Pole or utility pole. A pole or similar structure that is used in whole or in part to provide communications services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure fifteen (15) feet in height or less unless an authority grants a waiver for such pole.

Pole height. The vertical distance measured from the grade line to the highest point of the pole, including any antenna, lighting, lightning protection or other equipment affixed thereto.

PSC means the Florida Public Service Commission.

Public safety communications equipment. All communications equipment utilized by a public entity for the purpose of ensuring the safety of the public.

Registrant or facility owner mean a communications services facility provider or pass-through provider, or other person which seeks to use the public ROW and has registered with the county in accordance with the provisions of this article.

Registration and register mean the process described in this article whereby a communications services facility provider or a pass-through provider provides certain information to the county and the county accepts such information as legally sufficient to be registered.

Replacement. The removal of an existing structure for purposes of erecting a new structure of nearly equal dimensions usually for the purposes of improvement structural integrity.

Rights-of-way (ROW). Improved ROW owned, leased, or operated by the county, including any public street or alley that is not part of the FDOT highway system, and includes the surface, the air space over the surface and the area below the surface to the extent the government holds a property interest therein.

Small wireless facility. A wireless facility that meets the following qualifications:

(1)

Each antenna associated with the facility is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six (6) cubic feet in volume; and

(2)

All other wireless equipment associated with the facility is cumulatively no more than twenty-eight (28) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures.

Structure. Anything constructed or erected, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground, including advertising signs.

Transmission. The development of a radio signal from an antenna device for the purpose of communications or communication of data.

Utility pole. A pole or similar structure that is used in whole or in part to provide communication services or for electrical distribution, lighting, traffic control, signage, or a similar function. The term does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure fifteen (15) feet in height or less unless an authority grants a waiver for such pole.

Wireless facility. Equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities. The term does not include:

(1)

The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated;

(2)

Wireline backhaul facilities; or

(3)

Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

Wireless infrastructure provider. A person or entity who has been certificated to provide telecommunications service in the state and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider.

Wireless provider. A wireless infrastructure provider or a wireless services provider.

Wireless services. Any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities, including but not limited to, commercial mobile service, private mobile service, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Wireless services provider. A person who provides wireless services.

Wireless support structure. A freestanding structure, such as a monopole or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole.

(C)

Definitions for communication facilities not located in a county ROW. The following definitions apply exclusively to communication facilities not located within a county ROW and are applicable in connection with all subsections of this section 28.19 except subsections (J), (K), (L) and (M).

The following words, terms and phrases, when used in the subsections below shall have the meanings ascribed to them in this subsection (C), except where the context clearly indicates a different meaning. Words not otherwise defined in this subsection shall be given the meaning as defined in subsection (B) herein above, and if not defined therein, shall be given the meaning as defined in the Communications Act of 1934, 47 USC 151 et seq., as amended by the Telecommunications Act of 1996 (collectively, the "Communications Act"), and, if not defined therein, as defined by F.S. § 365.172 or another applicable state statute; and, if not defined therein, be construed to mean the common and ordinary meaning.

Abandoned. Any wireless communication facility not in continued use for a period of one hundred eighty (180) consecutive days.

Amateur radio tower. Any tower used for amateur radio transmissions consistent with the "Complete FCC U.S. Amateur Part 97 Rules and Regulations" for amateur radio towers.

Antenna structure registration (ASR) number. The registration number as required or listed by the FAA and FCC.

Applicable codes. Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, or local codes or ordinances adopted to implement this subsection. The term includes objective design standards adopted by ordinance or that may require reasonable spacing requirements concerning the location of ground-mounted equipment. The term includes objective design standards adopted by ordinance that may require a wireless facility to meet reasonable location context, color and concealment requirements; however, such design standards may be waived by the county upon a showing that the design standards are not reasonably compatible for the particular location of a wireless facility or that the design standards impose an excessive expense.

Application. A request submitted by an applicant to the county for a permit to install a new wireless facility or collocate a wireless facility.

Base station. A structure or equipment at a fixed location that enables commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subsection or any equipment associated with a tower. Examples include transmission equipment mounted on a rooftop, water tank, silo or other above-ground structure other than a tower. "Base station" includes, but is not limited to:

(1)

Equipment associated with wireless communications services such as private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and

(2)

Radio transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-wireless networks); and

(3)

Any structure other than a tower that, at the time the application is filed under this section, supports or houses equipment described in this definition that has been reviewed and approved under the applicable zoning or siting process, or under another county regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support; and

(4)

The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section that does not support or house any equipment described in these definitions.

Breakpoint technology. The engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five (5) percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

Broadcast facility. A communications facility licensed by the Federal Communications Commission Media Bureau to transmit information on the AM, FM or television spectrum to the public.

Cellular on wheels (COW). A temporary wireless facility, typically located on a trailer that can be erected/extended to provide short term, high volume communications services to a specific location.

Collocate or collocation. To install, mount, maintain, modify, operate, or replace one (1) or more wireless facilities on, under, within, or adjacent to a tower, base station, wireless support structure or utility pole. The term does not include the installation of an initial wireless facility on a tower, base station, utility pole or wireless support structure.

Concealed. A tower, base station, ancillary structure or equipment compound that is not readily identifiable as a wireless facility and that is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site or in the neighborhood or area. There are two (2) types of concealed facilities:

Concealed tower, which looks like something else that is common in the geographic region such light standard or flagpole with a flag that is proportional in size to the height and girth of existing structures in the area.

Development area. The area occupied by a communications facility including areas inside or under an antenna-support structure's framework, equipment cabinets, ancillary structures, and/or accessways.

Discontinued. Any tower without any mounted transmitting and/or receiving antennas in continued use for a period of one hundred eighty (180) consecutive days.

Distributed antenna system (DAS). A DAS system consists of: (i) a number of remote communications nodes deployed throughout the desired coverage area, each including at least one (1) antenna for transmission and reception; (ii) a high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site; and (iii) radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas. DAS systems can be either outdoor or indoor.

Distributed antenna system (DAS) hub. Ancillary equipment usually contained in a shelter or other enclosure which does not have any wireless transmission or receive equipment contained therein but is utilized in the deployment and operation of wireless DAS receive/transmit infrastructure that is located elsewhere.

Dual purpose facility. A structure that is built or an existing structure that is modified to serve two (2) primary purposes, one (1) of which is a wireless facility. Examples include but are not limited to decorative light poles, banner poles, church steeples, clock towers and public art.

Eligible facilities request. A request for a modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.

Eligible support structure. Any tower or base station as defined in this section, provided that is existing at the time the relevant application is filed under this section.

Equipment compound. The area surrounding the ground-based wireless facility including the areas inside or under a tower's framework and ancillary structures such as equipment necessary to operate the antenna on the structure that is above the base flood elevation including cabinets, shelters, pedestals, and other similar structures.

Equipment cabinet. Any structure above the base flood elevation including cabinets, pedestals, and other similar structures and used exclusively to contain radio or other equipment necessary for the transmission or reception of wireless communication signals.

Equipment shelter. A self-contained prefabricated building, made of permanent materials such as steel or concrete, which contains all electronic ancillary equipment and normally including a generator.

Existing. A constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

Federal Aviation Administration (FAA). The division of Department of Transportation of the United States government that inspects and rates civilian aircraft and pilots, enforces the rules and air safety, and installs and maintains air-navigation and air traffic-control facilities.

Federal Communications Commission (FCC). An independent United States government regulatory agency that oversees all interstate and international communication and maintains standards and consistency among ever-growing types of media and methods of communication while protecting the interests of both consumers and businesses.

Feed lines. Cables or fiber optic lines used as the interconnecting media between the transmission/receiving base station and the antenna.

Flush-mounted. Any antenna or antenna array attached directly to the face of the support structure or building such that no portion of the antenna extends above the height of the support structure or building. Where a maximum flush-mounting distance is given, that distance shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

Lattice tower. A non-concealed self-supporting tapered style of tower that consists of vertical and horizontal supports with multiple legs and cross bracing, and metal crossed strips or bars to support antennas.

Macrocell. A wireless communications facility that exceeds the defined standards of a small wireless facility.

Monopole tower. A non-concealed style of freestanding tower consisting of a single shaft usually composed of two (2) or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof. All feed lines shall be installed within the shaft of the structure.

Neutral host antenna. An antenna or an antenna array designed and utilized to provide services for more than one (1) wireless provider, or a single wireless provider utilizing more than one (1) frequency band or spectrum, for the same or similar type of services.

Node. A single location as part of a larger antenna array which can consist of one (1) or multiple antennas, such as part of a DAS network antenna array.

Non-concealed. A wireless communication tower or base station that is readily identifiable as such type of equipment and structure.

Over the air reception devices (OTARD). Devices which are limited to either a "dish" antenna one (1) meter (39.37 inches) or less in diameter designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, or an antenna that is one (1) meter or less in diameter and is designed to receive video programming services via broadband radio service (wireless cable), or to receive or transmit fixed wireless signals other than via satellite or an antenna that is designed to receive local television broadcast signals.

Public safety communications equipment. All communications equipment utilized by a public entity for the purpose of ensuring the safety of the citizens of the county and operating within the frequency range of one hundred forty-five (145) MHz through one hundred fifty-five (155) MHz, four hundred forty-five (445) MHz through four hundred seventy-five (475) MHz and seven hundred (700) MHz through one thousand (1,000) MHz and any future spectrum allocations at the direction of the FCC.

Radio frequency emissions. Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment.

Radio frequency interference (RFI). Any electromagnetic radiation or other communications signal that causes reception or transmission interference with another electromagnetic radiation or communications signal.

Radio frequency propagation analysis. Computer modeling to show the level of signal saturation in a given geographical area.

Replacement. A modification of an existing tower to increase the height, or to improve its integrity, by replacing or removing one (1) or several tower(s) located in proximity to a proposed new tower in order to encourage compliance with this section, or improve aesthetics or functionality of the overall wireless network.

Satellite earth station. A single or group of parabolic or dish antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration, including the associated separate equipment cabinets necessary for the transmission or reception of wireless communications signals with satellites.

Search ring. An area designated by a wireless infrastructure provider or wireless services provider for a new base station or tower, produces in accordance with accepted principles of wireless engineering. The area identifies where a base station or tower must be located in order to meet service objectives of the wireless service provider using the base station or tower.

Site. For towers other than towers in the public ROW, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures (base stations), further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

Stanchion. A vertical support structure generally utilized to support exterior lighting elements.

Streamlined processing. Expedited review process for collocations required by the federal government (Congress and/or the FCC) for wireless communication facilities.

Structure. Anything constructed or erected, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground, including advertising signs.

Substantial change pursuant to 47 USC § 1455 means a modification or collocation to an eligible support structure if it meets any of the following criteria:

(1)

For towers other than towers in the public ROW, it increases the height of the tower by more than ten (10) percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for all other eligible support structures (including towers within a ROW and base stations), it increases the height of the structure by more than ten (10) percent or ten (10) feet, whichever is greater; or

(2)

Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the 47 USC § 1455; or

(3)

For towers other than towers in the public ROW, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet of the width of the tower structure at the elevation of the appurtenance, whichever is greater; for other eligible support structures (including towers within a ROW and base stations) it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet; or

(4)

For any eligible support structure (tower or base station), it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or for towers in the public ROW and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associate with the structure; or

(5)

It entails any excavation or deployment outside the current site; or

(6)

It would defeat the concealment elements of the eligible support structure; or

(7)

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provide however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in [subsections] (1)—(6) above.

Temporary wireless facility. A temporary tower or other structure, typically located on a trailer that provides interim short-term communications when permanent WF equipment is unavailable or offline. A temporary wireless facility meets an immediate demand for service in the event of emergencies and/or public events where the permanent wireless network is unavailable or insufficient to satisfy demand.

Tower. Any structure built for the sole or primary purpose of supporting any commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. The tower can be concealed or non-concealed.

Tower base. The foundation, usually concrete, on which the tower and other support equipment are situated. For measurement calculations, the tower base is that point on the foundation reached by dropping a perpendicular from the geometric center of the tower.

Tower height. The vertical distance measured from the grade line to the highest point of the tower, including any antenna, lighting or other equipment affixed thereto.

Transmission equipment. Equipment that facilitates transmission of any commission-licensed or authorized wireless communication service including, but not limited to, radio transceivers, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Variance. A modification of the terms of this ordinance where a literal enforcement of this ordinance would result in an unnecessary site specific hardship and shall be reviewed and may be granted by the planning and zoning board.

Wireless facility (WF). Equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration and equipment associated with wireless communications. The term includes small wireless facilities. The term shall not include:

(1)

The structure or improvements on, under, within or adjacent to the structure on which the equipment is collocated; or

(2)

Wireline backhaul facilities; or

(3)

Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

(D)

Exemptions. The following wireless facilities are exempt from the development standards of this ordinance and subject only to the completion of a wireless facility application and issuance of a building permit for applicable codes; notwithstanding any other provisions:

(1)

A government-owned communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the county designee; except that such facility must comply with all federal and state requirements. No communications facility shall be exempt from the provisions of this division beyond the duration of the state of emergency.

(2)

A temporary wireless facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the county and approved by the county; except that such facility must comply with all federal and state requirements. The WF may be exempt from the provisions of this division up to sixty (60) calendar days after the duration of the state of emergency.

(3)

Over the air reception devices ("OTARD") as that term is defined by the Federal Communications Commission, including satellite earth stations that are one (1) meter (39.37 inches) or less in diameter in all residential zoning districts and two (2) meters or less in all other zoning districts. OTARD devices are exempt provided that same do not require the construction of a tower or other structure, which height exceeds twelve (12) feet above the residential structure of the consumer who desires to receive fixed wireless services, satellite transmissions, or over the air reception of television signals.

(4)

Routine maintenance of small wireless facilities.

(5)

Replacement of small wireless facilities with small wireless facilities that are the same size or smaller.

(6)

Installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles within a ROW in compliance with applicable codes by or for a communications services provider authorized to occupy the ROW and who is remitting taxes under F.S. ch. 202.

(7)

An amateur radio tower that is used exclusively for non-commercial purposes that is less than sixty-five (65) feet in height.

(E)

Applicability for all non-exempt WF.

(1)

Towers and base stations existing prior to the enactment of this ordinance or permitted prior to the enactment of this ordinance shall be allowed to continue to operate provided they met the requirements set forth by the county at the time of final inspection; not including any towers that are currently in violation of this ordinance and any pre-existing tower ordinance of the county.

(2)

This ordinance (section 28.19 and its subparts) and the related terms in tables 28.19(1) and 28.19(2) shall apply to the development activities of communications service, wireless infrastructure and wireless services providers for equipment including the installation, construction, or modification of all macrocell, small wireless and micro wireless facilities and related ancillary equipment on concealed and non-concealed existing and new wireless communication facilities on public and private land and in [the] county's and other ROW (except small wireless facilities located in a county ROW, which are regulated pursuant to subsections (J) through (M) below, and micro wireless facilities which are attached to a wire between two (2) utility poles within a ROW, which are exempt from regulation) including but not limited to:

a.

Non-commercial, amateur radio station antennas and towers.

b.

Temporary wireless facility a.k.a. cell on wheels (COW).

c.

Existing towers and base stations.

d.

Collocation on existing towers and base stations.

e.

Expansion of existing towers and base stations.

f.

Replacement towers and base stations.

g.

Proposed new towers and base stations.

h.

Broadcast towers and antenna.

(F)

Building code requirements, permits and fees.

(1)

Building code requirements. All wireless facility infrastructure(s) shall be constructed and maintained in conformance with all applicable code requirements.

(2)

Permits and fees required. All wireless facility infrastructure(s) shall be subject to completion of a wireless facility application, the development standards described on the WF application and in this section and all legally permissible permit and review fees.

a.

The county uses fees set by the board of county commissioners (which shall not be considered a license, franchise or privilege tax) payable to Nassau County Planning and Economic Opportunity Department (PEO) to cover the necessary processing cost of all wireless facility applications.

b.

The PEO reserves the right to conduct a supplemental third party review on all wireless facility applications subject to the same timeframe for initial reviews and approvals for any permit subject to the following. Based on the results of the supplemental technical review, the approving authority may require changes to the applicant's application or submittals.

c.

The supplemental technical review may address any or all of the following:

I.

The accuracy and completeness of the application and any accompanying documentation.

II.

The applicability of analysis techniques and methodologies.

III.

The validity of conclusions reached.

IV.

Whether the proposed communications facility complies with the applicable approval criteria set forth in these codes.

V.

Other engineering or technical items deemed by the county to be relevant to determining whether a proposed communications facility complies with the provisions of these codes and not within the knowledge of county staff.

(G)

WF siting preferences, zoning matrix, review types and approvals required.

(1)

Siting preference. As a result of citizen participation during the wireless facility master planning process the siting of new wireless facilities of any type shall be in accordance with the siting preferences in the WF use table 28.19(1) below. The most preferred option is listed first as number one (1) and the least preferred option last as number five (5). Where a lower-ranked alternative is proposed, the applicant must demonstrate through relevant information why the higher ranked options are not technically feasible, practical or justified given the location of the proposed facilities. The applicant must provide this information in its application in order for the application to be considered complete.

Table 28.19(1): Wireless Facility Siting Preferences

Expand

Wireless Facility Type			Macrocell Tower Examples	Macrocell Base Station Example	Small Wireless Facility Tower Examples	Small Wireless Facility Base Station Examples	Standards
1	Collocation on existing tower or base station, located on:				No examples at this time of the new infra- structure		Outside ROW: 20.19.(H), (P) and additionally (Q) for small wireless facilities
		a. County owned land
		b. Other publicly owned land
		c. Private property*
2	New concealed base station, located on:		Not applicable		Not applicable		Outside ROW: 20.19.(H), (S) and additionally (Q) for small wireless facilities
		a. County owned land
		b. Other publicly owned land
		c. Private property*
3	New non-concealed base station, located on:		Not applicable		Not applicable		Outside ROW: 20.19.(H) and (G)
		a. County owned land
		b. Other publicly owned land
		c. Private property*
4	New concealed dual purpose tower or utility pole or replacement of a non-concealed tower or utility pole with a new concealed dual purpose tower or utility pole:			Not applicable		Not applicable	Inside ROW: 20.19.(H), (J), (L) and (M) Outside ROW: 20.19.(H) and (U) and in (R) if in a single-family residential zoning district
		a. On county owned land
		b. On other publicly owned land
		c. On private property*
		d. In public ROW
5	New non-concealed tower or utility pole or replacement of a non-concealed tower or utility pole with another non-concealed tower or utility pole, located on:			Not applicable		Not applicable	Inside ROW: 20.19.(H), (J), (K) and (M) Outside ROW: 0.19.(H) and (S) and (U)
		a. County owned land
		b. Other publicly owned land
		c. Private property*
		d. In public ROW

 

* The sub preferences for private property shall be:

1.

Non-residential districts,

2.

Multi-family residential districts (where permitted).

3.

Single-family residential districts (where permitted) shall only be on lots not used for single-family homes. Examples include, but are not limited to parks, open space, schools, religious institutions, and public safety facilities.

(2)

Zoning matrix. Applications and review matrix for approvals. No new wireless facility shall be constructed in the county unless all the applicable approvals listed in the table below are secured.

(3)

Types of reviews/approvals required. No new wireless facility shall be constructed in the county unless all of the applicable approvals listed in the table below are secured.

Table 28.19(2): Zoning Matrix

Key:

A - Allowed by administrative approval
CU - Allowed by conditional use
Blank - Not allowed

* Subject to planned unit development (PUD) development order (DO).

Provisions for all wireless facilities both inside and outside public ROW except for amateur radio over sixty-five (65) feet and under eighty-five (85) feet, which are subject only to the provisions of [subsection] (N) below.

(H)

(1)

Abandonment (discontinued use).

a.

Wireless facility towers, antennas, and the equipment compound shall be removed, at the tower or base station owners' expense, within one hundred eighty (180) days of cessation of use, unless the abandonment is associated with a replacement as provided in the "replacement" section of this ordinance, in which case the removal shall occur within ninety (90) days of cessation of use.

b.

A tower or base station owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The county may extend the time for removal or reactivation up to sixty (60) additional days upon a showing of good and unique cause. If the tower or antenna is not removed within this time, the county may give notice that it will contract for removal within thirty (30) days following written notice to the tower or base station owner. Thereafter, the county may cause removal of the tower with costs being borne by the tower or base station owner.

c.

Upon removal of the wireless facility tower, antenna, and equipment compound, the development area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings or consistent with the current uses of the surrounding or adjacent land at the time of removal, excluding the foundation, which does not have to be removed.

(2)

Interference with public safety communications. In order to facilitate the regulation, placement, and construction of antenna, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each wireless provider shall agree in a written statement to the following:

a.

Compliance with "good engineering practices" as defined by the FCC in its rules and regulations.

b.

Compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI).

c.

In the case of an application for collocated wireless facility, the applicant, together with the wireless provider, shall use their best efforts to provide a composite analysis of all users of the site to determine that the applicant's proposed facilities will not cause radio frequency interference with the county's public safety communications equipment and will implement appropriate technical measures, as described in antenna element replacements, to attempt to prevent such interference.

d.

Whenever the county has encountered radio frequency interference with its public safety communications equipment, and has reasonable cause to believe that such interference has been or is being caused by one (1) or more wireless facility antenna arrays, the following steps shall be taken:

I.

The county shall provide written notification to all wireless service providers operating in the county of possible interference with the public safety communications equipment, and upon receipt of such notifications, the wireless providers shall use their best efforts to cooperate and coordinate with the county and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety "Enhanced Best Practices Guide," released by the FCC in appendix D of FCC 04-168 (released August 6, 2004), including the "good engineering practices," as may be amended or revised by the FCC from time to time in any successor regulations.

II.

If any wireless provider fails to cooperate with the county in complying with the owner's obligations under this section or if there is a determination of radio frequency interference with the county's public safety communications equipment, the wireless provider who failed to cooperate and/or the wireless provider which caused the interference shall be responsible for reimbursing the county for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the county to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the "Enhanced Best Practices Guide" within twenty-four (24) hours of county's notification.

(3)

Signage. All wireless facilities shall be clearly identified with the following information:

a.

Name plate signage shall be provided in an easily visible location to include: FCC antenna registration system (ASR) registration number (if applicable); site owner's name, site identification number and/or name, phone number of contact to reach in event of an emergency or equipment malfunction, any additional security and safety signs.

b.

If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large, bold, high contrast letters, minimum height of each letter four (4) inches, the following: "HIGH VOLTAGE - DANGER."

c.

No outdoor advertising signage is permitted at the wireless facility.

(4)

Lighting. Lighting on wireless facility towers and base stations shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following:

a.

Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required with strobe during daytime and red flashing lights at night unless prohibited by the FAA.

b.

Lights shall be filtered or oriented so as not to project directly onto surrounding property or ROW, consistent with FAA requirements.

(5)

Structural integrity. The entire tower or base station and all appurtenances shall be designed pursuant to the design requirements of ASCE 7, including wind speed design requirements, and tower loading/wind design requirements of Electronic Industries Association/Telecommunications Industry Association (EIA/TIA) 222-H, Series II, including any subsequent modification to those specifications.

(6)

Grading shall be minimized and limited only to the area necessary for the new tower and equipment.

(7)

A signed statement from the wireless facility owner or owner's agent stating that the radio frequency emissions comply with FCC standards for such emissions as set forth in 47 CFR 1.1307, 1.310, 2.091 or 2.093, as applicable (Report and Order, ET Docket 93-62 (Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation), 11 FCC Rcd 15123 (1996); Second Memorandum Opinion and Order and Notice of Proposed Rule Making, ET Docket 93-62 (WT Docket 97-192), 12 FCC Rcd 13494 (1997)). In addition, any collocation, modification or upgrade application shall contain an analytical report that confirms that following installation, the composite facility will remain in compliance with FCC standards as stated in OET-65.

(I)

Additional provisions for all wireless facilities outside county ROW (subject to definitions in subsection (C)).

(1)

Parking. One (1) parking space is required for each tower development area located outside of the ROW. The space shall be provided within the leased area, or equipment compound or the development area as defined on the site plan.

(2)

Buffers and landscaping shall be per county land development code sections 37.05 landscaping, and 37.06 buffers between certain uses.

(J)

Additional provisions for all new small wireless facilities inside county ROW (subject to definitions in subsection (B)).

(1)

The county may require a ROW permit for work that involves excavation, closure of a sidewalk, or closure of a vehicular lane. Only small wireless facilities shall be permitted inside a county ROW. No other type of wireless facilities shall be permitted.

(2)

Nothing in this subsection authorizes a person to:

a.

Collocate or attach wireless facilities, including any antenna, micro wireless facility, or small wireless facility, on a privately owned utility pole, a utility pole owned by an electric cooperative or a municipal electric utility, a privately owned wireless support structure, or other private property without the consent of the property owner.

b.

Collocate small wireless facilities or micro wireless facilities on a county utility pole or erect a wireless support structure in a location subject to covenants, conditions, restrictions, articles of incorporation, and bylaws of a homeowners' association.

(K)

Additional provisions for new small wireless facility on existing utility pole inside county ROW (subject to definitions in subsection (B)).

(1)

Small wireless facilities shall be no larger in size than specified in the definition for these facilities.

(2)

Height shall be limited to ten (10) feet above the utility pole or structure upon which the small wireless facility is to be collocated.

(3)

No portion of a small wireless facility shall obstruct pedestrians or vehicular or bicycle access, obstruct sight lines or visibility for traffic, traffic signage or signals, or interfere with access by persons with disabilities.

(4)

Small wireless facilities added to an existing utility pole or other structure are considered a base station for purposes of determining future collocation height increases allowed by the Spectrum Act and subject to [subsection] (B).

(5)

The county may request an alternative location of a small wireless facility subject to the process described below:

a.

A request by the county to the applicant for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location must be in writing and provided by electronic mail.

b.

Within fourteen (14) days after the date of filing the application, the county may request that the proposed location of a small wireless facility be moved to another location in the ROW and placed on an alternative county or third-party provider utility pole or support structure or may place a new utility pole.

c.

For thirty (30) days after the date of the request, the county and the applicant may negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment.

d.

At the conclusion of the negotiation period, if the alternative location is accepted by the applicant, the applicant must notify the county of such acceptance and the application shall be deemed granted for any new location for which there is agreement and all other locations in the application.

e.

If an agreement is not reached, the applicant must notify the county of such nonagreement and the county must grant or deny the original application within ninety (90) days after the date the application was filed.

(6)

An applicant may file a consolidated application and receive a single permit for the collocation of up to thirty (30) small wireless facilities. The county may separately address small wireless facility collocations for which incomplete information has been received or which are denied.

(7)

The county may deny a proposed collocation of a small wireless facility in the public ROW if the proposed collocations:

a.

Materially interferes with the safe operation of traffic control equipment.

b.

Materially interferes with sightlines or clear zones for transportation, pedestrians, or public safety purposes.

c.

Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement.

d.

Materially fails to comply with the 2010 edition of the FDOT Utility Accommodation Manual.

e.

Fails to comply with applicable codes.

(8)

The county may reserve space on a county utility pole for future public safety uses. However, a reservation of space may not preclude collocation of a small wireless facility. If replacement of the county utility pole is necessary to accommodate the collocation of the small wireless facility and the future public safety use, the pole replacement is subject to the make-ready provisions of F.S. § 337.401(7) and the replaced pole shall accommodate the future public safety use.

(L)

Additional provisions for the placement of a new utility pole or replacement of existing utility pole for installation of small wireless facility inside county ROW (subject to definitions in subsection (B)).

(1)

Small wireless facilities shall be no larger in size than specified in the definition for these facilities.

(2)

Installation of a new utility pole is subject to the County's Roadway and Drainage Standards, Ordinance 99-17: Article 8. - Construction Within ROW.

(3)

Height shall be limited to the tallest existing utility pole as of July 1, 2017, located in the same ROW, other than a utility pole for which a waiver has previously been granted, measured from grade in place within five hundred (500) feet of the proposed location of the small wireless facility. If there is no utility pole within five hundred (500) feet, the proposed wireless facility shall limited to a height of fifty (50) feet. The county may allow a greater height on a case-by-case basis.

(4)

A replacement utility pole shall be a substantially similar design, material, and color of the utility pole being removed.

(5)

A new utility pole for small wireless facilities shall include concealment of the small wireless facility; however, the applicant may request such design standard be waived by the county upon showing that the design standards are not reasonably compatible for the particular location of a small wireless facility or that the design standards impose an excessive expense.

(6)

A photo rendering shall be provided of the proposed new or replacement utility pole that depicts aesthetic features including, but not limited to, the use of colors and concealment with a before and after installation exhibit.

(7)

Ground-mounted equipment shall be concealed through the use of (a) design wrapping, for the purpose of blending into the surrounding environment or (b) fencing or landscaping, consistent with the requirements of section 37.05 of the land development code, shall be installed around the entire area of ground-mounted equipment. If fencing is utilized, additional landscaping may be required around the perimeter of the fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The county may require landscaping in excess of the requirements of the county code in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside of the perimeter fence or wall. The county shall determine which method of concealment is more appropriate for each set of ground-mounted equipment.

(8)

New and replacement utility poles for small wireless facilities are considered a tower for purposes of determining future collocations and height increases allowed by the Spectrum Act and subject to subsections (H), (J)—(M) and (P).

(9)

Applicants shall include an attestation that the small wireless facilities shall be activated for use by a wireless services provider to provide service no later than nine (9) months after the date the application is approved.

(10)

Abandoned small wireless facilities shall be removed within one hundred eighty (180) days of abandonment. Should the wireless services provider or wireless infrastructure provider fail to remove the facility within this time period, the county may have facility removed and may recover the actual cost of such removal, including legal fees, if any, from the wireless service provider or wireless infrastructure provider. A wireless facility shall be deemed abandoned at the earlier of the date that the wireless services provider indicates that it is abandoning such facility or the date that is one hundred eighty (180) days after the date that such wireless facility ceases to transmit a signal, unless the wireless services provider or wireless infrastructure provider gives the county reasonable evidence that it is diligently working to place such wireless facility back in service.

(11)

Applicants are subject to any local historic preservation zoning regulations.

(M)

Approval process for small wireless facilities inside county ROWs (subject to definitions in subsection (B)).

(1)

A permit is required for small wireless facilities within the county ROW for work that involves excavation, affects traffic patterns or obstructs vehicular traffic within or along the county's ROW as provided in and subject to the county's roadway and drainage standards, Ordinance 99-17: Article 8. - Construction Within ROW.

(2)

Within fourteen (14) days after receiving an application, the county planning and economic opportunity department (PEO) must determine and notify the applicant by electronic mail as to whether the application is complete. If an application is deemed incomplete, the PEO must specifically identify the missing information. An application is deemed complete if the PEO fails to provide notification to the applicant within fourteen (14) days.

(3)

The PEO may request an alternative location of the placement or replacement of the proposed utility pole for the small wireless facility subject to the process described below:

a.

A request by the PEO to the applicant for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location must be in writing and provided by electronic mail.

b.

Within fourteen (14) days after the date of filing the application, the PEO may request that the proposed location of a small wireless facility be moved to another location in the ROW and placed on an alternative utility pole or support structure or may place a new utility pole.

c.

For thirty (30) days after the date of the request, the PEO and the applicant may negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment.

d.

At the conclusion of the negotiation period, if the alternative location is accepted by the applicant, the applicant must notify the county of such acceptance and the application shall be deemed granted for any new location for which there is agreement and all other locations in the application.

e.

If an agreement is not reached, the applicant must notify the PEO of such nonagreement and the county must grant or deny the original application within ninety (90) days after the date the application was filed.

f.

If the application is denied, the PEO must specify in writing the basis for denial, including the specific code provisions on which the denial was based, and send the documentation to the applicant by electronic mail on the day the county denies the application.

g.

The applicant may cure the deficiencies identified by the PEO and resubmit the application within thirty (30) days after notice of the denial is sent to the applicant. Any subsequent review shall be limited to the deficiencies cited.

h.

The PEO shall approve or deny the revised application within thirty (30) days after receipt or the application is deemed approved.

i.

A waiver from required concealment shall be granted or denied within forty-five (45) days after the date of the request.

j.

A complete application is deemed approved if an authority fails to approve or deny the application within sixty (60) days after receipt of the application.

k.

If the PEO does not use the thirty-day negotiation period described in subsection (M)(3)c., the parties may mutually agree to extend the sixty-day application review period. The county shall grant or deny the application at the end of the extended period.

l.

An approved application permit shall remain effected for one (1) year unless extended by the PEO.

m.

The PEO may deny an application on the basis that it does not meet any of requirements below:

I.

The county's applicable codes;

II.

Concern for public safety, including but not limited to obstruction to: pedestrians or vehicular or bicycle access; sight lines or visibility for traffic, traffic signage or signals; or interference with access by persons with disabilities;

III.

Failure to meet reasonable location, color, and established streetscapes along within five hundred (500) feet of a proposed site.

(N)

Provisions for non-commercial, amateur radio station towers and antennas over sixty-five (65) feet in height.

(1)

Development standards.

a.

The tower and antennas shall be accessory to a legal, principal use on site (such as a residence).

b.

Collocation of any WF equipment not used for the purposes of either a satellite earth station or an amateur wireless tower is prohibited.

c.

Height. Amateur tower height, location and other technical specifications shall comply with federal and state law. Amateur towers shall not exceed eighty-five (85) feet. Amateur tower permits shall be issued conditioned upon the tower being solely used for non-commercial purposes and no commercial wireless facilities may be collocated thereon (notwithstanding the provisions of 47 USC 1455 (a)).

d.

Structures, including towers, shall meet the setback requirements for primary structures for the zoning district in which the proposed facility shall be located.

e.

Applicant shall commit in writing that the facility will be erected in accordance with manufacturer's recommendations.

f.

If more than two hundred twenty (220) voltage is present in the ground grid or in the tower, a sign shall be attached to the tower and shall display in large bold letters the following: "HIGH VOLTAGE - DANGER."

g.

Applicant shall certify that the proposed facility meets or exceeds FCC guidelines for radio frequency radiation exposure.

(2)

Application requirements. Must include information in [subsection] (N)(1)a—g. above and applicant's copy of current, valid FCC license for amateur radio operation (not applicable for earth station applicants).

(3)

Approval process. Administrative approval by county PEO.

(O)

Additional provisions for non-exempt temporary wireless facilities and cellular on wheels outside the county ROWSs (subject to definitions in subsection (C)).

(1)

Development standards.

a.

Proof of notification of installation or construction from the FAA, if applicable.

b.

Height shall be less than one hundred twenty (120) feet.

c.

It does not involve any excavation (or excavation where prior disturbance exceeds proposed excavation by at least two (2) feet).

d.

Description of proposed location, including type of temporary structure, type of electrical service to be utilized, description of temporary necessity requiring temporary WF.

e.

Duration of proposed cellular on wheel facility shall not exceed fourteen (14) calendar days.

(2)

Approval process. Administrative approval by the county's PEO.

(P)

Additional provisions for collocation on any existing tower or base station outside the county ROWs (subject to definitions in subsection (C)).

(1)

Development standards. For collocation on any tower or base stations (concealed or non-concealed) outside the county ROW, additions or modifications may not exceed the definition of substantial change.

(2)

Application review timeframes.

a.

A collocation application entitled to expedited streamlined processing pursuant to section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 USC §1455(a)) shall be deemed complete unless the county provides written notice to the applicant that the submission is incomplete (a "notice of incompleteness") within thirty (30) calendar days of application submission (or within some other mutually agreed upon timeframe). Notice of incompleteness shall be in writing and shall identify specifically the deficiencies in the application which, if cured, would make the application complete. Upon notice of incompleteness, the timeline for a decision shall be tolled until the applicant resubmits to correct such deficiency. The county shall, within ten (10) calendar days of resubmission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional resubmission deficiency period until the second resubmission.

b.

Other collocation applications entitled to expedited streamlined process review pursuant to F.S. § 365.172(13) shall be deemed complete unless the county provides a written notice of incompleteness to the applicant within twenty (20) business days of submission (or within some other mutually agreed upon timeframe). Notice of incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. Upon notice of incompleteness, the timeline for a decision shall be tolled until the applicant resubmits to correct such deficiency. The county shall, within twenty (20) business days of re-submission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional resubmission deficiency period until the second resubmission.

(3)

Approval process. Administrative approval by the county's planning and economic opportunity department.

(Q)

Additional provisions for new small wireless facilities outside county ROWs (subject to definitions in subsection (C)).

(1)

Development standards:

a.

Concealed and non-concealed new base stations.

I.

Small wireless facilities shall be no larger in size than specified in the definition for these facilities.

II.

Concealed new base station antenna and concealed wireless equipment associated with the facility is preferred over new non-concealed base stations.

III.

The top of the attached wireless facility antenna shall not be more than ten (10) feet above the existing or proposed building or structure.

IV.

Concealed WF antennas, feed lines and ground-related equipment shelters/cabinets shall be designed to architecturally match the facade, roof, wall, and/or structure on which they are affixed so that they blend with the existing structural design, color, and texture.

V.

A photo rendering shall be provided of the WF that depicts aesthetic features including, but not limited to, the use of colors, concealment, screening and buffering, with a before and after installation exhibit.

VI.

When a new base station is located on a nonconforming building or structure, the existing permitted nonconforming setback shall prevail.

VII.

To the extent possible, base stations should be located outside of the floodplain and wetland areas. Where it is not possible, placement shall comply with Nassau County's floodplain management ordinance and land development code regarding floodplain and wetlands.

b.

New concealed dual purpose tower.

I.

Small wireless facilities shall be no larger in size than specified in the definition for these facilities.

II.

Concealment design is required to minimize the visual impact of wireless communication facilities. For this reason, all new towers shall be a concealed dual-purpose wireless facility.

III.

All new small wireless towers shall be designed with considerations of height, scale, color, texture and architectural design of the buildings where the new facility is proposed. All cables, conduits, electronics and wires shall be enclosed within the structure.

IV.

Neutral host antenna, smart poles and prefabricated multi-tenant dual-purpose type facilities are preferred. Applicants may seek a waiver of this requirement if they can demonstrate that there is no commercially available single antenna system, smart pole or multi-tenant dual purpose tower that can accommodate multiple wireless service providers.

V.

Height: The total height including antenna shall not exceed thirty-five (35) feet.

VI.

To the extent possible, base stations should be located outside of the floodplain and wetland areas. Where it is not possible, placement shall comply with Nassau County's floodplain management ordinance and land development code regarding floodplain and wetlands.

c.

New non-concealed tower.

I.

Small wireless facilities shall be no larger in size than specified in the definition for these facilities.

II.

A photo rendering shall be provided of the proposed antenna that depicts a before and after installation exhibit.

III.

Height shall be limited to thirty (30) feet.

IV.

Neutral host antenna, smart poles and prefabricated multi-tenant dual-purpose facilities are preferred. Applicants may seek a waiver of this requirement if they can demonstrate that there is no commercially available single antenna system, smart pole or multi-tenant dual purpose tower that can accommodate multiple wireless service providers.

V.

To the extent possible, base stations should be located outside of the floodplain and wetland areas. Where it is not possible, placement shall comply with Nassau County's floodplain management ordinance and land development code regarding floodplain and wetlands.

VI.

Wireless equipment (other than the antenna) associated with the facility to be located in accordance with the descending order of preference:

(a)

Concealed on the ground away from the tower;

(b)

Concealed at the base of the tower;

(c)

Non-concealed on the tower;

(d)

Non-concealed on the ground next to the tower or away from tower to be determined on a case by case basis depending on sidewalk and ROW width.

(2)

Approval process.

a.

The PEO staff designee shall review and provide comment on any deficiencies in wireless facility applications in writing within thirty (30) days of submission or within some other mutually agreed upon time frame. The comment notice shall identify the deficiencies in the WF application, which, if cured, would make the application complete. The WF application shall be deemed complete on resubmission if the resubmitted materials cure the original deficiencies indicated by the county.

b.

If the PEO does not approve or deny the application following resubmission then the application shall be deemed approved within ninety (90) business days from the time the application is deemed complete or a mutually agreed upon time frame between the county and the applicant.

c.

The PEO may deny an application on the basis that it does not meet any of requirements below:

I.

The county's applicable codes;

II.

Local code provisions or regulations that concern public safety, reasonable and nondiscriminatory concealment requirements

III.

Historic preservation requirements.

If the PEO denies an application, then the PEO must:

I.

Document the basis for a denial, including the specific code provisions on which the denial was based;

II.

Send the documentation to the applicant on or before the day the PEO denies an application. The applicant may cure the deficiencies identified by the county and resubmit the application within thirty (30) days of the denial without paying an additional application fee. The county shall approve or deny the revised application within thirty (30) days of the date on which the application was resubmitted. Any subsequent review shall be limited to the deficiencies cited in the prior denial.

(R)

Additional provisions for small wireless facilities outside county rights-of way in single-family residential districts (subject to definitions in subsection (C)).

(1)

General development standards—New concealed dual purpose tower.

a.

Small wireless facilities shall be no larger in size than specified in the definition for these facilities.

b.

Concealment design is required to minimize the visual impact of wireless facilities. For this reason, all new towers shall be a concealed dual-purpose wireless facility.

c.

All new dual purpose towers shall be designed with considerations of height, scale, color, texture and architectural design of the buildings where the new facility is proposed. All cables, conduits, electronics and wires shall be enclosed within the structure.

d.

Neutral host antenna, smart poles and prefabricated multi-tenant dual-purpose facilities are preferred. Applicants may seek a waiver of this requirement if they can demonstrate that there is no commercially available single antenna system, smart pole or multi-tenant dual purpose tower that can accommodate multiple wireless service providers.

e.

Height: The total height of a new small wireless facility outside a county ROW in single-family residential districts, including antenna, shall not exceed thirty (30) feet.

f.

To the extent possible, facilities should be located outside of the floodplain and wetland areas. Where it is not possible, placement shall comply with Nassau County's floodplain management ordinance and land development code regarding floodplain and wetlands.

(2)

Approval process. A new concealed small wireless tower under this subsection shall be reviewed and a decision rendered by the Nassau County Planning and Zoning Board to issue a conditional use permit within ninety (90) business days of receipt of the application, subject to any applicable tolling for application deficiencies and resubmissions, so long as the applicant demonstrates that the facilities will be used, immediately upon completion of construction, to provide personal wireless services, or within such other mutually agreed upon time (speculative towers without an associated wireless service provider are not entitled to review and decision within ninety (90) business days, or to any of the other protections of the Telecommunications Act). Construction permits issued for new concealed small wireless tower or base station shall be valid for a term of one hundred eighty (180) days and shall lapse and be void if construction of the contemplated concealed small wireless tower or base station is not completed within that time.

(S)

Additional provisions for new macrocell facilities; new base station outside the county ROWs (subject to definitions in subsection (C)).

(1)

Development standards.

a.

Concealed new base stations are preferred over new non-concealed base stations per the siting preference matrix in table 28.19(1).

b.

The top of the attached wireless facility antenna shall not be more than ten (10) feet above the existing or proposed building or structure.

c.

Concealed WF antennas, feed lines and ground-related equipment shelters/cabinets shall be designed to architecturally match the facade, roof, wall, and/or structure on which they are affixed so that they blend with the existing structural design, color, and texture.

d.

A photo rendering shall be provided of the WF that depicts aesthetic features including, but not limited to, the use of colors, concealment, screening and buffering, with a before and after installation exhibit.

e.

When a new wireless facility base station is located on a nonconforming building or structure, the existing permitted nonconforming setback shall prevail.

f.

To the extent possible, macrocell towers should be located outside of the floodplain and wetland areas. Where it is not possible, tower placement shall comply with Nassau County's floodplain management ordinance and land development code regarding floodplain and wetlands.

(2)

Application review timelines.

a.

County planning staff designee shall review and provide comment on any deficiencies in new base station WF applications in writing which shall be postmarked to the applicant within twenty (20) business days of submission or within some other mutually agreed upon time frame. The notice shall identify the deficiencies in the wireless facility application, which if cured, would make the application complete. The WF will be deemed complete on resubmission if the resubmitted materials cure the original deficiencies indicated by county.

b.

If the county does not respond in writing to the applicant of an eligible facility collocation request within the specified timeframe, the application shall be deemed complete.

c.

The county shall issue a written decision approving or denying an application request within ninety (90) business days of such application being deemed complete.

(3)

Approval process. Administrative approval by the county's planning and development services department.

(T)

Additional provisions for outdoor distributed antenna system hub outside the county ROWs (subject to definitions in subsection (C)):

(1)

Development standards.

a.

Setbacks for outdoor distributed antenna system hub shelters/buildings shall meet the setback standards of the underlying zoning district.

b.

Equipment shelters/building shall be architecturally compatible with the general character of the neighborhood and historic character if applicable.

c.

Equipment shelters/buildings/cabinets shall be screened with materials and colors consistent with the surrounding backdrop and/or textured to match the existing structure. The use of foliage and vegetation around ground equipment may be required based on conditions of the specific area where the ground equipment is to be located.

d.

To the extent possible, base stations should be located outside of the floodplain and wetland areas. Where it is not possible, placement shall comply with Nassau County's floodplain management ordinance and land development code regarding floodplain and wetlands.

(2)

Application review timelines.

a.

The PEO shall review and provide comment on any deficiencies in new outdoor DAS hub applications in writing which shall be postmarked to the applicant within twenty (20) business days of submission or within some other mutually agreed upon time frame. The notice shall identify the deficiencies in the wireless facility application, which if cured, would make the application complete. The WF will be deemed complete on resubmission if the resubmitted materials cure the original deficiencies indicated by [the] county.

b.

If the county does not respond in writing to the applicant of an eligible facility collocation request within the specified timeframe, the application shall be deemed complete.

c.

The county shall issue a written decision approving or denying an application request within ninety (90) business days of such application being deemed complete.

(3)

Approval process. Administrative approval by the county's planning and economic opportunity department.

(U)

Additional provisions for conditional use permit approvals.

(1)

Macrocell facility development standards—New concealed dual purpose tower, new non-concealed tower and replacement tower outside the county ROWs (subject to definitions in subsection (C)).

a.

Visibility.

I.

Concealed.

(a)

New concealed wireless facility towers shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture with existing structures and landscapes on the property.

(b)

New antenna mounts shall be concealed and match the concealed WF tower.

(c)

In residential zoning districts, new concealed wireless facility towers shall only be permitted on lots whose principal use is not single-family residential, such as schools, churches, synagogues, fire stations, parks, and other public property.

II.

Visibility non-concealed.

(a)

Monopoles only shall be allowed in the unincorporated island and unincorporated non-island areas east of I-95.

(b)

Monopoles and lattice towers shall be allowed in unincorporated areas west of I-95.

b.

Replacement. Any replacement tower must achieve either the same level of visibility or less than the tower that it is replacing. A replacement for a concealed wireless facility must be concealed. A replacement of a non-concealed tower must be either concealed or a monopole type tower.

c.

Height.

I.

Where permitted, new concealed towers in single-family districts shall be limited to seventy (70) feet. Where permitted, new nonconcealed towers in single-family districts shall be limited to sixty (60) feet.

II.

Where permitted, new concealed towers in non-single-family districts in the unincorporated island areas shall be limited to one hundred twenty (120) feet. Where permitted, new nonconcealed towers in non-single-family districts in the unincorporated island areas shall be limited to one hundred (100) feet.

III.

Where permitted, new concealed towers in non-single-family districts in unincorporated non-island areas shall be limited to one hundred fifty (150) feet. Where permitted new nonconcealed towers in non-single-family districts in unincorporated non-island areas shall be limited to one hundred thirty (130) feet.

d.

Setbacks. New towers shall be subject to the setbacks described below:

I.

A concealed wireless facility may be constructed using breakpoint design technology (see "Definitions"), in which case the minimum setback distance shall be equal to one hundred ten (110) percent of the distance from the top of the structure to the breakpoint level of the structure, or the minimum side and rear yard requirements, whichever is greater. Certification by a registered professional engineer licensed by the State of Florida of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant. (For example, on a one-hundred-foot tall monopole with a breakpoint at eighty (80) feet, the minimum setback distance would be twenty-two (22) feet (one hundred ten (110) percent of twenty (20) feet, the distance from the top of the monopole to the breakpoint) in addition to the minimum side or rear yard setback requirements for that zoning district.

II.

For a non-concealed wireless facility tower or a concealed wireless facility tower not constructed using breakpoint design technology, the minimum setback distance shall be equal to the height of the proposed WF.

III.

Nonconcealed towers shall be subject to the minimum setback distance required by the applicable zoning district.

IV.

Replacement towers shall be subject to the minimum setback distance imposed upon the tower being replaced.

e.

Equipment cabinets and equipment shelters. Electronic equipment shall be contained in either (a) equipment cabinets or (b) equipment shelters. Equipment cabinets shall not be visible from pedestrian and ROW views. Equipment cabinets may be provided within the principal building on the lot, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.

f.

Fencing. All equipment compounds shall be enclosed with an opaque fence or masonry wall in residential zoning districts and in any zoning district when the equipment compound adjoins a public ROW. Alternative equivalent screening may be approved through the site plan approval process.

g.

Equipment compound. The fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.

h.

Non-concealed towers. New antenna mounts shall extend no more than ten (10) feet from the tower structure, unless it is demonstrated through RF propagation analysis that compliance with this limitation will not meet the network objectives of the desired coverage area.

i.

Balloon test.

I.

New concealed and non-concealed wireless facility towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties.

II.

A balloon test shall be required subsequent to the receipt of the photo simulations in order to demonstrate the proposed height and concealment solution of the WF. The applicant shall arrange to raise a colored balloon no less than three (3) feet in diameter at the maximum height of the proposed tower, and within twenty-five (25) horizontal feet of the center of the proposed tower. The applicant shall meet the following for the balloon test:

(a)

Applicant must inform the planning and economic opportunity department and abutting property owners in writing of the date and times, including alternative date and times, of the test at least fourteen (14) days in advance.

(b)

A three-foot by five-foot sign with lettering no less than three (3) inches high stating the purpose of the balloon test shall be placed at closest major intersection of proposed site.

(c)

The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven (7) but no more than fourteen (14) days in advance of the test date.

(d)

The balloon shall be flown for at least four (4) consecutive hours during daylight hours on the date chosen. The applicant shall record the weather, including wind speed during the balloon test.

(e)

Re-advertisement will not be required if inclement weather occurs.

j.

WFs shall be engineered and constructed for collocation as follows: two (2) tenants between eighty (80) and one hundred (100) feet, for three (3) tenants between one hundred one (101) and one hundred twenty (120) feet in height, and for four (4) tenants above one hundred twenty (120) feet in height.

k.

Grading shall be minimized and limited only to the area necessary for the new WF and equipment compound.

l.

All landscaping shall be subject to section 37.05 of the Land Development Code.

m.

To the extent possible, base stations should be located outside of the floodplain and wetland areas. Where it is not possible, placement shall comply with Nassau County's floodplain management ordinance and land development code regarding floodplain and wetlands.

(2)

Additional submittal requirements for applications for conditional use permits.

a.

Simulated photographic evidence of the proposed tower and antenna appearance from any and all residential areas within one thousand five hundred (1,500) feet and vantage points approved by the planning and development services department including the facility types the applicant has considered and the impact on adjacent properties including:

i.

Overall height.

ii.

Configuration.

iii.

Physical location.

iv.

Mass and scale.

v.

Materials and color.

vi.

Illumination.

vii.

Architectural design.

b.

Applicant shall provide a written statement of proposed facility compliance with all applicable FCC rules and regulations.

c.

A map of the same search ring submitted and used by the applicant's site locator with a statement confirming the same.

d.

A map indicating applicant's existing RF signal propagation, a map indicating applicant's proposed new radio frequency (RF) signal propagation, and a map indicating the proposed facility's coverage area, which provides sufficient justification for the requested support structure height.

e.

A map indicating applicant's existing RF signal propagation and a map indicating applications proposed new RF signal propagation.

f.

A statement from the applicant providing information regarding justification for the proposed new WF facility.

g.

An affidavit by a radio frequency engineer demonstrating compliance with the permitted use list (table 28.19(1)) of this ordinance and providing the qualifications of affiant. If a lower ranking alternative is proposed the affidavit must address why higher ranked options are not technically feasible, practical, and/or justified given the location of the proposed communications facility.

h.

Statement as to the potential visual and aesthetic impacts of the proposed tower and equipment on all adjacent residential zoning districts.

i.

Written statement by a registered professional engineer licensed by the State of Florida specifying the design structural failure modes of the proposed facility, if applicable.

j.

A radio frequency propagation plot indicating the coverage of existing antenna sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency engineer that the proposed facility's coverage or capacity potential cannot be achieved by any higher ranked alternative such as a concealed facility, attached facility, replacement facility, collocation, or new tower and reasons why such alternative structures are unacceptable.

k.

All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this ordinance.

l.

Prior to issuance of a building permit, proof of FAA compliance with subpart C of the Federal Aviation Regulations, part 77, and "Objects Affecting Navigable Airspace," if applicable.

m.

Proof of compliance with National Environmental Policy Act and National Historic Preservation Act.

(3)

Application review timelines:

a.

County planning staff designee shall review and provide comment on any deficiencies in new conditional use permit applications in writing which shall be postmarked to the applicant within twenty (20) business days of submission or within some other mutually agreed upon time frame.

b.

The county shall issue a written decision approving or denying a conditional use permit application request within ninety (90) business days of such application being deemed complete.

(4)

Approval process. A new conditional use permit application for a new macrocell facility in this section shall be reviewed and a decision rendered by the planning and zoning board within ninety (90) business days of receipt of the application, subject to any applicable tolling for application deficiencies and resubmissions, so long as the applicant demonstrates that the facilities will be used, immediately upon completion of construction, to provide wireless communication services, or within such other mutually agreed upon time.

(V)

Additional provisions for broadcast towers outside the county ROWs (subject to definitions in subsection (C)).

(1)

Development standards.

a.

Broadcast tower determination of need. No new broadcast towers shall be permitted unless the applicant demonstrates that no existing broadcast tower can accommodate the applicant's proposed use.

b.

The zoning lot on which a broadcast facility is located shall have a minimum gross land area of one hundred fifty thousand (150,000) square feet.

c.

Height. Height for broadcast towers shall be evaluated on a case-by-case basis; the determination of height contained in the applicant's FCC Form 351/352 construction permit or application for construction permit and an FAA determination of no hazard (FAA Form 7460/2) shall be considered prima facie evidence of the tower height required for such broadcast facilities.

d.

Setbacks. New broadcast towers and anchors shall be setback a minimum of five hundred (500) feet from any single-family dwelling unit on same zone lot; and a minimum of one (1) foot for every one (1) foot of tower height from all adjacent lots of record.

e.

Equipment cabinets. Except for AM broadcast towers, cabinets shall not be visible from pedestrian views.

f.

All landscaping shall be subject to section 37.05 of the Land Development Code.

g.

Fencing. All broadcast facility towers, AM antenna(s) towers, and guy anchors shall each be surrounded with an anti-climbing fence compliant with applicable FCC regulations.

h.

Equipment compound. The fenced in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.

i.

To the extent possible, base stations should be located outside of the floodplain and wetland areas. Where it is not possible, placement shall comply with Nassau County's floodplain management ordinance and land development code regarding floodplain and wetlands.

(2)

Application review timelines.

a.

County planning staff designee shall review and provide comment on any deficiencies in new broadcast tower applications in writing which shall be postmarked to the applicant within thirty (30) calendar days of submission or within some other mutually agreed upon time frame.

b.

The county shall issue a written decision approving or denying an application request within one hundred fifty (150) calendar days of such application being deemed complete.

(3)

Approval process. A new broadcast tower application shall be reviewed and a decision rendered by the planning and zoning board as applicable within one hundred fifty (150) days of receipt of the application, subject to any applicable tolling for application deficiencies and resubmissions, so long as the applicant demonstrates that the facilities will be used, immediately upon completion of construction, to provide AM/FM/TV broadcast services, or within such other mutually agreed upon time.

(W)

Appeals.

(1)

Appeals from administrative review process denials.te Appeals from the administrative review process shall be heard by the board of county commissioners and subject to provisions in section 5.06 of the county land development code.

(2)

Appeals from planning and zoning board. All appeals shall be subject to section 5.06 of the Nassau County Land Development Code. Appeals shall not be de novo hearings before the board of county commissioners. All appeals shall be based upon the record evidence of the planning and zoning board.

(X)

Severability. If any section, subsection, paragraph, sentence, clause or phrase of section 28.19 of this land development code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of section 28.19 shall continue in full force and effect.

(Ord. No. 2019-10, § 2, 4-8-19; Ord. No. 2024-019, § 9, 11-11-24)

Editor's note— Ord. No. 2019-10, § 2, adopted April 8, 2019, repealed § 28.19 in its entirety and enacted new provisions to read as herein set out. Former § 28.19 pertained to siting regulations for wireless communication facilities, and derived from Ord. No. 99-10, § 1, adopted Feb. 8, 1999; Ord. No. 2010-08, § 4, adopted July 26, 2010; and Ord. No. 2015-03, § 2, adopted March 23, 2015.

Self-service storage facilities (mini-warehouses) are subject to the following:

(1)

Such use shall not be directly adjacent to residentially zoned property on more than one (1) side.

(2)

Maximum length of any self-storage building shall be two hundred fifty (250) feet.

(3)

No separate storage of combustible or flammable liquids, combustible fibers or explosive materials as defined in the fire prevention code, or toxic materials, shall be permitted within the self-storage building or upon the premises. A lease agreement between the lessee and lessor shall state:

a.

That no flammable, combustible or toxic materials shall be stored or used on the premises; and

b.

That the property shall be subject to periodic and unannounced inspections for flammable, toxic and other hazardous material by fire marshal.

(4)

No storage outside of the self-storage buildings shall be permitted except for the incidental use of designated areas for RV, boat and trailer parking.

(5)

Except as provided in this section, the use of the rental spaces shall be limited to storage only and shall not be used for operating any other business, for maintaining or repairing of any vehicles, recreational equipment or other items, or for any recreational activity, hobby or purpose other than the storage of personal items and business items as hereinbefore set forth.

(6)

Landscaping shall be provided as follows:

a.

A landscape strip of no less than ten (10) feet shall be provided along all road frontages and adjacent nonresidential properties. This landscape strip shall include a minimum of one (1) canopy tree every twenty (20) feet of frontage. Each canopy tree must measure a minimum of three (3) inches in diameter at a point measured four (4) feet six (6) inches off the ground.

b.

Common property lines adjacent to established residential uses or residential districts are subject to the landscaping and buffering requirements found in this Code.

c.

Parking areas, including designated areas for RV, boat and trailer parking, must be landscaped in accordance with this Code. If parking areas are located along property boundaries, the landscaping requirements in subsection a. shall prevail.

d.

Additional landscaping requirements may be required if the site is located within the State Road 200/A1A Access Management Overlay District.

(7)

A security manager's apartment may be permitted to reside on the premises to the extent required by such use.

(8)

All access aisles, parking areas and walkways on the site shall be graded, drained, hard surfaced and maintained in accordance with the standards and specifications of Nassau County.

(9)

Limited retail sales to tenants of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers and locks and chains shall be permitted on the site devoted to this use.

(10)

No occupational license shall be issued to a rental space with the exception of the self-storage facility itself.

(Ord. No. 2007-15, § 2, Pt. 2, 6-11-07; Ord. No. 2017-18, § 2C(Exh. C), 7-24-17)

This section shall not apply to musical or entertainment festivals governed by chapter 19½ of the Nassau County Code of Ordinances, sidewalk cafes or to agricultural roadside stands, or to mobile food vending which is regulated by chapter 18½ Code of Ordinances.

(1)

An outdoor retail sale, which is temporary in nature, and occurs on the same lot or parcel as an approved existing retail business is allowed if permitted consistent with the following:

a.

It is conducted in compliance with applicable Nassau County Land Development Code, County Ordinances, Building and Fire Code requirements; and

b.

Conducted by the owner or lessee of the premises; and

c.

Limited to the goods and services normally offered by the owner or lessee, or goods and services that are seasonal in nature; and

d.

Consistent with the zoning for that parcel; and

e.

Required access to the premises is not hindered; and

f.

Parking spaces are not reduced to less than the required minimum; and

g.

The total number of temporary outdoor sales events per site, lot or shopping center during a calendar year is limited to two (2) events which shall not run consecutively; and

h.

The maximum time limit per site or lot for seasonal sales events and all other temporary outdoor sales events shall be thirty (30) days per calendar year, per event. The time limit includes, setup and dismantling of all activities, sales displays, and merchandise and completion of all site clean-up activities; and

i.

No display shall be erected or installed, nor shall any temporary outdoor activities take place, within fifty (50) feet of a county or state right-of-way; and

j.

No operator, employee, or representative of the operator of a temporary outdoor activity shall solicit directly from the motoring public; and

k.

No more than one (1) temporary outdoor activity shall be permitted simultaneously on a parcel of less than four (4) acres; and

l.

One (1) additional freestanding ground sign of up to twenty-eight (28) square feet shall be permitted during a temporary outdoor retail sales event provided that the sign is not located within fifteen (15) feet from any property line; and

m.

Seasonal outdoor retail sales events are limited to: New Year's, Memorial Day, Fourth of July, Labor Day, Halloween, Thanksgiving and Christmas. Seasonal outdoor retail sales shall mean outdoor sales vendors who are marketing a product traditionally associated with the holidays listed above (temporary seasonal uses ie., Christmas tree sales, pumpkin sales, and firework sales. These are illustrative and a final determination of seasonal will be made by the planning and economic opportunity department), and shall only be operated twenty-six (26) days before to three (3) days after any of the holidays listed above; and

n.

The seasonal outdoor sales permit applicant shall submit a signed notarized affidavit identifying all products to be marketed in conformance with subsection m. above as a precondition to the issuance of an outdoor sales permit; and

o.

Seasonal outdoor sales vendors not in compliance with subsection m. or n. above shall have their permit revoked for failure to remedy any non-compliance within three (3) days of notice of non-compliance. Said revocation shall be issued by a member of the planning and economic opportunity department.

(2)

Outdoor sales permits shall be issued by the planning and economic opportunity department upon application not less than ninety (90) days in advance of the event. No permit shall be required for non-profit or bona fide charitable sales or for outside display of merchandise incidental to an existing business. This permit shall be displayed at all times during the outdoor retail sales event.

(3)

The ninety-day advance applicant requirements in paragraph (2) above shall not apply to fireworks and fireworks related sales in June and July 2013.

(Ord. No. 2007-25, § 2, 8-27-07; Ord. No. 2013-07, § 2, 6-10-13; Ord. No. 2014-20, § 2, 9-22-14; Ord. No. 2015-12, § 2, 8-24-15)

Editor's note— Section 3 of Ord. No. 2015-12, adopted Aug. 24, 2015 states, "Any appeal of a decision of the planning and economic opportunity department shall be filed with the county manager's office within three (3) days of the decision. Said hearing shall be conducted by the county manager or his or her designee and the hearing shall occur within five (5) days of the filing of the appeal. The decision of the county manager or his or her designee shall be final and provided in written form."

(A)

Pursuant to F.S. § 509.233, a local exemption procedure to certain provisions of the food and drug administration food code, as currently adopted, is established to allow patrons' dogs within certain designated outdoor portions of public food service establishments. Exemptions may be authorized in outdoor spaces of public food service establishments in the CN-AB, CG-AB, CHT, CJ, CN, CG, CI, IW, UI, IP, and PUD zoning districts, subject to the standards of the zoning district. Public food service establishments and patron are defined by F.S. § 509.013.

(B)

In order to protect the health, safety, and general welfare of the public, a public food service establishment is prohibited from having any dog on its premises unless it possesses a valid permit issued in accordance with this section. Service animals are excluded from the permitting requirement.

(C)

The permit application shall have an associated application fee as established by the county's fee schedule.

(D)

Applications for a permit under this section shall be made to the growth management department on a form provided for such purpose. The application shall include the following information, in addition to any other information deemed reasonably necessary by the growth management department in order to implement and enforce the provisions of this section:

(1)

The name, location, and mailing address of the public food service establishment.

(2)

The name, mailing address, and telephone contact information of the permit applicant.

(3)

A diagram and description of the outdoor area to be designated as available to patrons' dogs, including (i) dimensions of the designated area; (ii) a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; (iii) the entryways and exits to the designated outdoor area; (iv) the boundaries of the designated area and of other areas of outdoor dining not available for patrons' dogs; (v) any fences or other barriers; (vi) surrounding property lines and public right-of-way, including sidewalks and common pathways; and (vii) such other information reasonably required by the growth management department. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional.

(4)

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area.

(5)

Permission from the property owner if the public food service establishment is a tenant.

(6)

A copy of the public food service establishment's commercial general liability insurance.

(E)

The following requirements for dog dining at public food service establishments as defined by the state are:

(1)

All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling dogs. Employees shall be prohibited from touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment.

(2)

Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.

(3)

Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations.

(4)

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.

(5)

Dogs shall not be allowed on chairs, tables or other furnishings.

(6)

All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons.

(7)

Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area.

(8)

A sign or signs reminding employees of the applicable rules shall be posted on premises in a manner and place as determined by the growth management department.

(9)

A sign or signs reminding patrons of the applicable rules shall be posted on premises in a manner and place as determined by the growth management department.

(10)

A sign or signs shall be posted in a manner and placed as determined by the growth management department that places the public on notice that the designated outdoor area is available for the use of patrons and patrons' dogs.

(11)

Dogs shall not be permitted to travel through the indoor or nondesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into or passage through any indoor area of the food establishment.

(12)

Additional policies as may be deemed necessary by the growth management department in order to protect the health, safety, and general welfare of the public may be imposed.

(F)

A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to reapply for a permit pursuant to this section if the subsequent owner wishes to continue to accommodate patrons' dogs. Permits shall be conspicuously displayed in the designated outdoor area.

(G)

The applicant must submit a right-of-way permit application in addition to the dog dining permit application if the outdoor area designated for dogs includes county right-of-way.

(H)

The growth management department shall provide the department of business and professional regulation a copy of all approved applications and permits issued, as well as notice of any complaints received and subsequent response by the county.

(I)

All applications, permits, and other related materials must contain the department of business and professional regulation issued license number for each public food service establishment.

(J)

Signage required under this section is exempt from sign permitting requirements; but may not be illuminated, shall not be posted above a height of eight (8) feet, and may not exceed four (4) square feet.

(K)

Revocation of permit.

(1)

A permit may be revoked by the county if, after notice and reasonable time in which the grounds for revocation may be corrected, the public food service establishment fails to comply with any of the standards, any condition of approval, fails to comply with the diagram or plans, or fails to maintain any required state or local licenses.

(2)

If the grounds for revocation is a failure to maintain any of the required state or local licenses, the revocation may take effect immediately upon giving notice of revocation to the permit holder by the county.

(3)

If revoked, an owner may not reapply for a period of twelve (12) months from the date of revocation.

(4)

Each instance of a dog on the premises of a public food service establishment without an outdoor dog dining permit is a separate violation.

(Ord. No. 2014-15, § 1, 7-14-14)

The following supplemental regulations shall apply to all RV and boat storage facilities as defined in article 32 of this Code:

(A)

Screening and buffering:

(1)

RV and boat storage facilities shall be screened from the public right-of-way and private roads/access easements by a high density buffer, as defined in article 37, section 37.06.

(2)

No storage areas shall be located within twenty-five (25) feet of the right-of-way line of any street, access easement, or right-of-way.

(B)

Storage use only:

(1)

No RV, boat or trailer shall be used for living, sleeping, or housekeeping purposes in an RV and boat storage facility as defined.

(2)

Retail sale of vehicles on the premises is prohibited.

(3)

Storage of items other than RVs, boats and trailers is prohibited. This includes building materials, heavy equipment, or other items.

(Ord. No. 2017-18, § 2C(Exh. C), 7-24-17)

(A)

Purpose.

The provisions of this section are intended to increase housing diversity, to encourage the redevelopment of nonconforming uses, nuisance properties, and blighted areas, and to aid in the provision of affordable housing. The intent of this provision is to not allow for a tiny house on wheels (THOWS) such as recreational vehicles, travel/camping trailers, motor homes, private motor coaches, fifth-wheels, park models, or any vehicular portable unit mounted on wheels, or any other structures that are movable or portable or not constructed on a permanent foundation as permitted by the Florida Building Code.

(B)

Definitions.

(1)

Tiny home (TH): A single-family detached or two-family dwelling unit providing complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation constructed or otherwise secured on a permanent foundation with a gross square footage not to exceed eight hundred (800) square feet per dwelling unit and meeting all requirements of the Florida Building Code—Residential. A tiny home is not a 'tiny house on wheels' (THOWS) such as recreational vehicles, travel/camping trailers, motor homes, private motor coaches, fifth-wheels, park models, or any vehicular portable unit mounted on wheels, or any other structures that are movable, portable, or not constructed on a permanent foundation as permitted by the Florida Building Code.

(2)

Tiny home development (THD): A group, or groupings, of tiny homes arranged in a village setting and oriented around communal outdoor living areas intended to provide safe, quality, and dignified affordable and workforce housing.

(3)

Tiny house on wheels (THOWS) include, but are not limited to, recreational vehicles, travel/camping trailers, motor homes, private motor coaches, fifth-wheels, park models, or any vehicular portable unit mounted on wheels or any other structures that are movable, portable, or not constructed on a permanent foundation. THOWS are prohibited in tiny home developments.

(C)

Eligibility and location.

(1)

Redevelopment THDs (RTHDs): Lands containing or utilized as a conforming or nonconforming mobile home park, travel trailer park, or recreational vehicle (RV) park which was in operation on January 1, 2022. Tiny home developments created utilizing this policy are known as redevelopment THDs (RTHDs). In this case, THDs are permitted as redevelopment only and shall require the full redevelopment of the mobile home park, mobile home subdivision, travel trailer park, or RV park as each is defined in article 32 of the land development code (LDC). The RTHD cannot contain a combination of tiny homes and other dwelling unit types such as mobile homes, travel trailers, RVs, park models, or similar portable units intended for use as primary residential structures.

(2)

Local government THDs (LGTHDs): Lands owned or managed by local government entities. Tiny home developments created utilizing this policy are known as local government THDs (LGTHDs).

(D)

Rental requirements.

(1)

Redevelopment THDs (RTHDs).

(a)

Eligible developments must provide that all housing units that meet the criteria for "affordable" as defined in F.S. § 420.0004(3). The latest version of the "income limits and rent limits" as published by the Florida Housing Finance Corporation for Multifamily Rental Programs and Community Workforce Housing Innovation Pilot Program (CWHIP) Homeownership Program for Nassau County shall be used to determine income and rent limits.

1.

Mix of unit rental rates:

a.

Option 1:

i.

No unit shall exceed the income and rent limit for an individual(s) meeting the definition of "low-income person" as defined in F.S. § 420.0004(11). Nothing herein shall prevent the utilization of rental and income limits below eighty percent (80%) median adjusted gross income.

b.

Option 2:

i.

At least fifty percent (50%) of units shall not exceed the income and rent limit for an individual(s) meeting the definition of "very-low-income person" as defined in F.S. § 420.0004(17). Nothing herein shall prevent the utilization of rental and income limits below fifty percent (50%) median adjusted gross income.

ii.

No more than fifty percent (50%) of units may be rented to an individual(s) at or below the income and rent limit for an individual(s) meeting the definition of "moderate-income person" as defined in F.S. § 420.0004(12). Nothing herein shall prevent the utilization of rental and income limits below one hundred twenty percent (120%) median adjusted gross income.

c.

Option 3:

i.

At least thirty-three percent (33%) of units shall not exceed the income and rent limit for an individual(s) meeting the definition of "very-low-income person" as defined in F.S. § 420.0004(17). Nothing herein shall prevent the utilization of rental and income limits below fifty percent (50%) median adjusted gross income.

ii.

At least thirty-three percent (33%) of units shall not exceed the income and rent limit for an individual(s) meeting the definition of "low-income person" as defined in F.S. § 420.0004(11). Nothing herein shall prevent the utilization of rental and income limits below eighty percent (80%) median adjusted gross income.

iii.

No more than thirty-four percent (34%) of units may be rented to an individual(s) at or below the income and rent limit for an individual(s) meeting the definition of "moderate-income person" as defined in F.S. § 420.0004(12). Nothing herein shall prevent the utilization of rental and income limits below one hundred twenty percent (120%) median adjusted gross income.

(b)

All units created under this policy shall remain "affordable" for a minimum of thirty (30) years. The developer or other property owner shall record in the public records one (1) or more covenants or declarations of restrictions in a form approved by Nassau County. Such covenants or declarations of restrictions shall include restrictive covenants, and rental restrictions as are necessary to carry out the purposes of this article. The developer or other property owner must execute and record a declaration of restrictive covenants assuring that:

i.

The restrictions of this article shall run with the land for the entire thirty (30) year period required by this article;

ii.

The covenants will bind the applicant, any assignee, mortgagee, or buyer, and all other parties that receive title to or interest in the property;

iii.

The covenants terms shall remain non-amendable for the thirty (30) year period required by this article.

(c)

Lease terms:

1.

Vacation rentals or transient public lodging establishments, as defined in F.S. ch. 509, are prohibited.

2.

No lease shall be granted for a period of less than thirty (30) days or one (1) calendar month, whichever is more, or which is advertised or held out to the public as a place regularly rented to guests.

3.

Sub-leasing shall be prohibited by the terms of any lease documents.

(2)

Local government THDs (LGTHDs)

(a)

Eligible developments must provide housing units that meet the criteria for "affordable" as defined in F.S. § 420.0004(3).

1.

Mix of unit rental rates:

a.

Option 1:

i.

All units must be rented to individuals meeting the definition of "low-income person" as defined in F.S. § 420.0004(11).

b.

Option 2:

i.

At least fifty percent (50%) of total units must be rented to individuals meeting the definition of "very-low-income person" as defined in F.S. § 420.0004(17).

ii.

No more than fifty percent (50%) of total units may be rented to individuals meeting the definition of "moderate-income person" as defined in F.S. § 420.0004(12).

c.

Option 3:

i.

At least thirty-three percent (33%) of total units must be rented to individuals meeting the definition of "very-low-income person" as defined in F.S. § 420.0004(17).

ii.

At least thirty-three percent (33%) of total units must be rented to individuals meeting the definition of "low-income person" as defined in F.S. § 420.0004(11).

iii.

No more than thirty-four percent (34%) of total units may be rented to individuals meeting the definition of "moderate-income person" as defined in F.S. § 420.0004(12).

(b)

All units created under this policy shall remain "affordable" for a minimum of thirty (30) years as evidence by appropriate covenants of rent restriction filed in the public records for Nassau County.

(c)

Lease terms:

1.

Vacation rentals or transient public lodging establishments, as defined in F.S. ch. 509, are prohibited.

2.

No lease shall be granted for a period of less than thirty (30) days or one (1) calendar month, whichever is more, or which is advertised or held out to the public as a place regularly rented to guests.

3.

Sub-leasing shall be prohibited by the terms of any lease documents.

(E)

Design and review standards.

(1)

All tiny home developments are considered class II developments and shall be reviewed accordingly.

(a)

As part of the development review committee review process, the developer shall submit to the county for review and approval a design plan that generally outlines the proposed building materials and colors to be used in construction of the tiny house development. Sketches, photos, site plans, renderings or written descriptions may be provided to illustrate the proposed project's conceptual design and shall be supplemented as requested by development services staff. County staff will review the design plan for consideration of the following criteria:

1.

Structures, additions, and renovations shall be constructed to be long-lasting and use materials and detailing that maintain the distinct character and harmony of the surrounding community.

2.

Use of design materials such as engineered wood, stucco, stone veneer, brick façade and fiber cement are encouraged. Plywood and metal siding are prohibited.

3.

A variety of compatible contrasting textures should be used to create visual interest.

4.

Accessory structures shall use the same or similar materials, color, and style of the primary structure's facade if visible from a public way.

(b)

As part of the development review committee process, the applicant/owner/developer shall submit to the county for review and approval, covenants, restrictions, and bylaws that define maintenance and common fee ownership of public open space, community facilities, private roads and drives, and all other commonly owned and operated property. These documents shall include a reference to the Nassau County tiny home development program and the correlating program requirements, design standards, income and rent limits, term of 'affordability', and similar aspects of the program.

(2)

Nothing in this article shall supersede the development standards of Nassau County found in other regulatory documents unless expressly defined in this article.

(3)

Site design standards:

(a)

Developments shall be designed in a cluster format with tiny homes centered around a shared/communal outdoor living area.

1.

Groupings of six (6) to eight (8) tiny homes per group is ideal. In no case shall there be more than fourteen (14) or less than four (4) tiny homes within a single grouping.

2.

Shared/communal outdoor living areas: Each grouping of tiny homes shall be centered around a shared/communal outdoor living area of size equal to, at a minimum, three hundred (300) square feet per unit. This area shall include usable outdoor rooms/public spaces such as lawns, gardens, patios, plazas, fire pits, tot lots, areas for 'free play', picnics, celebrations, and other social gatherings. All shared/communal outdoor living areas shall be maintained by a master community association and shall not be the required maintenance of individual occupants.

(b)

Unless shown to create a superior design, off-street parking shall be provided in the form of consolidated shared parking lots with walkways, leading to front doors where practical.

(c)

Pedestrian facilities: Tiny home developments shall include an internal pedestrian circulation system comprised of concrete or asphalt sidewalks or multi-use trails. The circulation system shall connect to all amenities, shared/communal outdoor living areas, and parking area. The internal pedestrian circulation system shall connect with external bicycle and pedestrian facilities. If no bicycle or pedestrian facilities exist adjacent to the tiny home development, the developer shall 'stub-out' the sidewalk or multi-use trail to the closest future connection point.

(4)

Design standards:

(a)

Each tiny home shall be constructed or otherwise secured on an individual permanent foundation meeting all requirements of the Florida Building Code—Residential.

(b)

Chain link fences are prohibited.

(c)

Buildings shall create desirable pedestrian environments between the buildings and adjacent streets through uniform and orderly orientation.

(d)

Entrances shall be well lit, visible from the street, and easily accessible.

(e)

Each tiny home shall provide a front or rear covered outdoor living area in the form of a porch or patio.

(5)

Parking standards:

(a)

A minimum of one (1) parking space shall be provided per unit. Parking shall not exceed a maximum of one and one-half (1.5) spaces per unit.

(b)

Parking may be provided in the form of on-street parking along an internal roadway or within a shared parking lot located within or adjacent to the tiny home development.

(c)

Off-street parking may be asphalt, concrete or an alternative pervious or semi-pervious surface as approved by the county engineer or designee.

(6)

Landscaping and buffering standards:

(a)

Unless otherwise defined in this article, a tiny home development shall meet the minimum perimeter landscape requirements of LDC section 37.05.

(b)

When adjacent to single-family uses, a minimum ten-foot-wide low-density buffer consisting of three (3) canopy trees and sixty-seven (67) shrubs per one hundred (100) feet is required.

(c)

Outdoor storage areas lying within fifty (50) feet of, and visible from any street right-of-way shall meet the perimeter landscape requirements of LDC section 37.05 and shall also include shrubs planted as a hedge meeting the requirements of LDC section 37.05.B.2.

(7)

Utilities: Parcels proposed for a tiny home development must be connected to central utilities or a community well and wastewater system approved by the Florida Department of Health and/or the Department of Environmental Protection.

(F)

Ancillary support uses and structures:

(1)

Community building, club house, and open-air pavilion subject to site and architectural design standards defined in this article.

(2)

Gardens.

(3)

Indoor and outdoor storage areas. Outdoor storage areas shall be screened in accordance with the site design standards defined in this article.

(4)

Utility buildings and infrastructure needed to serve the tiny home development.

(G)

Reporting, monitoring and penalty:

(1)

Reporting: Annually, on February 1st of each year, for the prior year's occupancy, the owner of the tiny home development shall provide an annual report to the office of management and budget. The annual report shall include, at a minimum, the following:

(a)

Number of occupants per unit for the calendar year based on rental options described in section 28.24(D). When units are occupied by different lessors in the same calendar year, the date any change occurs will be noted;

(b)

Gross amount of rent collected per month per unit in the calendar year. Each unit will be itemized individually;

(c)

Any other charges/fees collected per unit for the calendar year.

(2)

Monitoring: Nassau County's office of management and budget shall ensure annual reports are submitted and will be the responsible party for review of the annual reports for compliance with the standards and requirements of the Nassau county tiny home development program. As needed, or directed by the county manager, office of management and budget director shall assemble a team comprised of the necessary professionals to perform site visits or audits of a tiny home development.

(3)

Enforcement:

(a)

The provisions of this article including all reporting and performance standards of the Nassau County tiny home development program shall apply to all agents, successors, and assignees.

(b)

This article shall be enforced pursuant to the provisions of article 4 of the land development code and article III of the Nassau County Code of Ordinances.

(c)

Penalties for violations may include, but are not limited to, code enforcement liens and penalties, and repayment of all mobility and impact fees that were subject of exemption.

(d)

Continuing violations of the provisions of this article may be enjoined and restrained by injunctive order of the circuit court in appropriate proceedings instituted for such purpose and all other remedies available at law and deemed appropriate by the board of county commissioners to protect the health, safety, and welfare of the citizenry and preserve the integrity of the Nassau County tiny home program.

(e)

In the case of foreclosure. Nassau County shall have the option to bid on the property consistent with the requirements of F.S. ch. 162. If the property is acquired by the county, the board of county commissioners will have the sole discretion to:

1.

Own and manage the THD;

2.

Own and have a third-party manage the THD;

3.

Convey the THD to a third-party;

4.

Execute a lease agreement with a third-party;

5.

Any other legally acceptable model meeting the intent of the Nassau County THD program and deemed appropriate by the Nassau County board of county commissioners.

(f)

In all cases involving foreclosure, the intent and requirements of the Nassau County tiny home development program shall remain intact for the thirty-year affordability period.

(H)

Prohibitions. Tiny home developments are prohibited within:

(1)

Existing subdivisions platted and recorded after October 11, 1974.

(Ord. No. 2023-038, § 2, 9-25-23; Ord. No. 2025-019, § 2, 7-28-25)

(A)

Applicability. Unless specified otherwise in this Section, the provisions of this section shall apply to all new development and redevelopment of multifamily residential projects within the unincorporated area of Nassau County.

(1)

William Burgess Mixed Use Activity Center Overlay District.

(a)

Within the William Burgess Mixed Use Activity Center Overlay District, the design standards within the William Burgess Context and Connectivity Blueprint, as referenced in article 43 of the Land Development Code, shall control.

(b)

For those lands within the SR200/A1A Access Management Overlay District that are also within the William Burgess Mixed Use Activity Center Overlay District, the design standards for the William Burgess Mixed Use Activity Center Overlay District shall control pursuant to article 43 of the Land Development Code.

(2)

Planned Unit Developments, Developments of Regional Impact, Development Agreements.

(a)

For Planned Unit Developments (PUD), Developments of Regional Impact (DRI), or lands subject to a Development Agreement (DA) that contain design standards for multifamily developments, those design standards shall control. If there are ambiguities in the PUD, DRI or DA related to design standards, the applicable underlying design standards in this section shall control.

(3)

East Nassau Community Planning Area.

(a)

Individual Preliminary Development Plans (PDP) within an approved Detailed Specific Area Plan (DSAP) may have individual design standards subject to the applicable approval process. Where ambiguities exist related to the design standards within a PDP, the applicable underlying design standards of this section shall control.

(B)

Building Orientation. Buildings shall be oriented to enhance the appearance of the streetscape with the intent to create interactive and engaging street level facades. The street, perimeter landscape areas, and sidewalk zone shall be engaged by the building and utilized as meaningful public space. This requirement shall be met by incorporating the following techniques into project design:

(1)

The building's primary entrance(s) shall face the public street(s) and be oriented to the sidewalk zone.

(2)

Buildings shall be configured so there is an obvious and interactive relationship between the public and private realms in order to create an active and pedestrian friendly streetscape.

(3)

Blank walls or service areas are not allowed along frontages.

(C)

Parking Areas.

(1)

Maximum on-site parking shall not exceed one hundred ten (110) percent of the minimum requirement defined in article 31 LDC.

(2)

Minimum parking requirements can be further reduced through the provision of on-street parking.

(3)

All on-site parking shall be located behind or beside the primary structure(s) and screened from the street. Parking shall not be located between the street and the primary building(s). Parking lots shall not be located in any required yard (setback).

(4)

Parking areas shall be separated and screened from public streets, sidewalks, and rights-of-way using a landscaped area at least five (5) feet wide that includes a three (3) feet high wall and two (2) inches tall shrubs. Chain link fences are prohibited. Parking lots shall be accessed from a side street or rearage road. When a side street is not accessible, one (1) driveway entrance may be allowed on the primary road, provided that all access management standards are met.

(D)

Façade Transparency.

(1)

All frontages must be fenestrated with transparent windows or doors.

(2)

For building facades fronting a street, a minimum of twenty-five (25) percent shall be transparent on the ground floor. For stories above the ground floor, a minimum of twenty (20) percent of the façade shall be transparent.

(E)

Façade Treatment.

(1)

Each facade that is visible from a street or public area of adjoining properties shall be designed with full architectural treatment oriented towards the scale of the pedestrian and engaged with the sidewalk zone. Such treatments shall incorporate door and window placements, facade architectural treatments and detail, roof design, and building material applications necessary to give the appearance that each visible facade is a primary facade oriented towards the pedestrian and/or public space.

(2)

Architectural treatments shall also be applied to any building facade which is situated where it is visible from a right-of-way or public space of an adjoining building.

(3)

Ornamental and structural architectural details shall be applied to provide visual relief from large expanses of blank walls.

(F)

Entryways.

(1)

Entryways shall be differentiated from the remainder of the facade through the use of color, change in materials, application of architectural features (arches, columns, colonnades, etc.), setbacks, offsets, arcade or gallery.

(2)

Individual entryways at street level shall be raised two and one-half (2½) feet above grade for residents' privacy.

(3)

Clear pedestrian paths shall connect building entrances to sidewalks.

(G)

Building Transitions. Facade and height transitions between buildings are key elements in creating and maintaining an attractive streetscape. The height and scale of new development and redevelopment shall be compatible with that of surrounding development, provided such surrounding development complies with the standards set forth in this section. The following transitional techniques shall be applied to new development and redevelopment when within three hundred (300) feet of an existing building.

(1)

Buildings shall be designed to provide transitional elements and architectural features that are architecturally compatible with adjacent structures. Buildings that are twice the height, or greater, than an adjacent structure shall also provide transitional elements and features that provide for transitional blending of heights.

(2)

The pattern of placement, proportions, and materials of windows and doors shall be harmonious with surrounding structures. The ratio of wall surface to openings and the ratio of width and height of windows and doors shall be consistent and compatible with surrounding structures.

(H)

Exterior Materials and Colors.

(1)

Exterior building materials and colors contribute significantly to the visual impact of a building on a community which individually and collectively reflect upon the visual character and quality of a community. To project an image of high-quality aesthetics, the exterior design of all new structures must incorporate at least three (3) of the following elements:

(a)

Color change;

(b)

Texture change;

(c)

Material change;

(d)

Pattern change;

(e)

Architectural bandings.

(2)

Exterior facing materials shall be consistent with the architectural style of the building on all facades that are, or will be, exposed to the general public. Vinyl siding shall not be permitted. Corrugated metal shall only be used as a facade accent and shall not exceed ten (10) percent of the facade.

(3)

Building materials and colors shall be consistent around the entire building. Exceptions to this provision may be made for portions of a structure that are not exposed to the general public.

(I)

Architectural enhancements. Facade articulation shall be required to add architectural interest and variety to the massing of a building to prevent monotonous facades. A variety of features shall be incorporated into the design of the buildings to provide sufficient articulation of the facades. This shall be achieved by incorporating the use of vertical or horizontal reveals, stepbacks, modulation, projections, roof detailing, and three-dimensional details between surface planes to create shadow lines and break up flat surface areas. For buildings over three (3) stories, over five thousand (5,000) square feet in gross building footprint or with façades longer than one hundred (100) feet, facades shall comply with an articulation interval established in this section. The "articulation interval" at which the repetitive architectural enhancements repeat should not be greater than fifty (50) feet in length measured horizontally as shown in Figure 45-52. This interval may be adjusted by the Planning Director as needed to comply with additional design standards. A minimum of four (4) of the following architectural enhancements or other similar treatments shall be integrated into building facades which front sidewalks and streets:

(1)

Horizontal modulation. The stepping back or extending forward of building stories or horizontal building elements, the depth (extension out or set back from the building facade) of the modulation must be at least two (2) feet when tied to a change in the roofline and at least five (5) feet in other situations;

(2)

Vertical modulation. The extension or stepping back of vertical elements of a building, the minimum depth of modulation is eighteen (18) inches and minimum width for each modulation is fifteen (15) feet;

(3)

Storefront, porch, stoop, patio, deck or covered entry at each articulation interval;

(4)

Distinctive window patterns (varied sizing, groupings, and alignment) repeated at intervals less than the articulation interval;

(5)

Incorporation of projections such as windows, porch additions, stair enclosures, chimneys, balconies, recesses at windows, entryways, doors or other openings, and other minor projecting masses;

(6)

Inclusion of ornamental features such as gable vents or windows, decorative brackets or corbels, architectural trim and moldings, proportional window shutters, detailed cornices and arches, and other artistic façade elements;

(7)

Change in materials with a change in building plane; or

(8)

Use of materials and colors to emphasize both major and minor changes in building scale to introduce sense of detail and create distinctions between structures.

Example of architectural interval and enhancements.

(J)

Roof Design. Roofs are an integral part of building design and shall be designed and constructed to add interest to, and reduce the massing of, buildings. Roofs shall incorporate the design elements listed below.

(1)

The design of roof structures shall be consistent with their architectural style and shall be extended to all sides of the structure. Roof-like appurtenances such as false roofs, parapets and other similar features may be allowed only if such features are required for mechanical equipment screening or acoustical control that cannot be accomplished through utilization of approved roof styles.

(2)

Application of such roof-like features shall be accomplished in such a manner as to minimize the appearance of a flat roof design. Roofs shall be designed to be of such height, bulk, and mass so as to appear structural even when the design is non-structural.

(3)

If flat roofs are utilized, the roof shall be surrounded on all sides by a continuous parapet wall and shall have the bulk and mass so as to appear structural in nature. In no instance shall the parapet height exceed one-third (⅓) of the supporting wall height.

(4)

The roof edge, where visible from any street shall have, at a minimum of two (2) locations, a vertical change from the dominant roof line. Such changes shall be a minimum of three (3) feet.

*Ord. No. 2025-019, § 2, 7-28-25)