The board of county commissioners may, from time to time, amend, supplement or repeal the zoning regulations and district boundaries established by this ordinance. Proposed changes and amendments may be suggested by the board of county commissioners, the planning and zoning board, a property owner for his own land, or an authorized agent of the property owner.

All proposed zoning amendments must be submitted to the planning and zoning board before final action can be taken by the board of county commissioners. The planning and zoning board shall review the proposed zoning amendment within sixty (60) days from the filing date to determine consistency with the adopted comprehensive plan and submit written recommendations to the board of county commissioners. A public hearing, with due public notice, must be held by both the planning and zoning board and the board of county commissioners before final action can be taken on any zoning amendment. Approval or disapproval of any amendment to this ordinance shall require a simple majority vote of the board of county commissioners. In order to override a recommendation of the planning and zoning board, a simple majority vote of the board of county commissioners is also required. If a petition for a zoning amendment is denied, the board of county commissioners shall not take any further action on an application for basically the same amendment within twelve (12) months after the last application was denied.

(Ord. No. 2025-017, § 2, 7-28-25)

The procedure for rezoning property in Nassau County is as follows:

(A)

Person(s) or party(ies) desiring to rezone property must file an application with the planning director. Applications are available the planning department website. The planning staff shall determine whether or not the requested zoning change is consistent with the underlying land use shown on the adopted future land use map. If the land use is consistent, the staff will collect the established zoning fee and submit the application to the planning and zoning board for review at the next available meeting. If the requested rezoning is not consistent with the underlying land use shown of the future land use map, staff will provide the applicant with the procedures for requesting a land use amendment to the comprehensive plan.

(B)

When applying for a rezoning, the applicant shall provide the following information:

(1)

Legal description of the property to be rezoned, lot and block numbers included;

(2)

Names and addresses of all owners of the property to be rezoned;

(3)

Existing and proposed zoning classification of the property;

(4)

The Future Land Use Map designation from the adopted comprehensive plan.

(5)

A statement of the petitioner's interest in the property to be rezoned, including a copy of the last recorded warranty deed; and

(a)

If joint or several ownership, all owners of record must consent, in writing, to the rezoning application.

(b)

If a contract for purchase, a copy of the purchase contract and the written consent of the seller/owner must be submitted.

(c)

If an authorized agent for the property owner, a copy of the agency agreement or the written consent of the owner is required.

(d)

If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity is required.

(e)

A complete list of all property owners, and mailing addresses of all property within three hundred (300) feet of the parcel to be rezoned. This information must be taken from the latest county tax rolls which are kept in the county property appraiser's office.

(f)

The signature of the owner or owners of the property and the person or agent filing the application.

(g)

Any other pertinent information as deemed necessary.

(C)

Planning staff shall review all applications for zoning classification changes for consistency with the Nassau County Comprehensive Plan and provide a written recommendation to the planning and zoning board regarding the merits of the request based upon the goals, objectives and policies of the adopted comprehensive plan.

(D)

The planning and zoning board shall hold a hearing with due public notice, to consider the rezoning application and to receive public input. The applicant shall be responsible for arranging and showing proof that public notice requirements have been met.

The planning and zoning board's written report to the board of county commissioners shall contain a recommendation for denial or approval. Said report shall show that the planning and zoning board has studied and considered:

(1)

The need and justification for the change; and

(2)

The relationship of the proposed amendment or rezoning to the county's general planning program and such comprehensive plan as may from time to time be adopted by the board of county commissioners.

(3)

Consistency with the adopted comprehensive plan and underlying future land use designation of the parcel(s) or properties.

(4)

Consistency with the adjacent and surrounding permitted land uses, densities, and intensities.

(5)

Consistency with applicable small area plans, overlay districts, and other adopted plans or programs of the board of county commissioners.

(6)

The availability of public infrastructure and facilities that will serve the site in question including public water and wastewater, public roads, public schools, public parks, fire suppression services, and other similar items.

(7)

Consistency of the proposed rezoning with any applicable substantive requirements of the Code, including minimum or maximum district size, access, setback and buffering requirements.

(8)

The nature and degree of potential adverse impacts the proposed rezoning could have upon environmentally sensitive lands or areas of historical or cultural significance.

(E)

Limitations on rezoning of land.

(1)

No ordinance to rezone land shall contain conditions, limitations, or requirements not applicable to all other land in the zoning district to which the particular land is rezoned, except as provided in article 25 of the Land Development Code.

(2)

Whenever the board of county commissioners has, by ordinance, changed the zoning classification of land, the board shall not then consider any application for rezoning of any part or all of the same land for a period of one (1) year from the effective date of such ordinance.

(3)

Land use plan amendments shall be consistent with Florida's Growth Policy act, chapter 163, Florida Statutes, as may be amended.

(F)

The time limits of subsection (E) may be waived by a simple majority vote of the board of county commissioners when such action is deemed necessary to prevent injustice or to facilitate proper development of the county.

(G)

The board of county commissioners shall review the planning and zoning board's recommendations and hold a public hearing, with due public notice, to consider the rezoning request.

(H)

Planning staff shall be responsible for giving due public notice of the public hearings held by the planning and zoning board and the board of county commissioners.

(I)

Following said public hearings, the board of county commissioners, by ordinance, may the application, or it may deny the application. If the application is denied, the board of county commissioners shall not take any further action on another application for basically the same proposal on the same property, until twelve (12) months after the date the last application was denied.

(J)

Any person or persons jointly or severally aggrieved by a rezoning decision made by the board of county commissioners may file an appeal in the circuit court which serves the county in which the board of county commissioners is located. This appeal must be filed thirty (30) days after the board of county commissioners has rendered its decision.

(Ord. No. 2025-017, § 2, 7-28-25)

The following procedure shall be followed when requesting a conditional use:

(A)

An applicant requesting a conditional use must submit an application to the planning department. The applicant shall provide the following information as part of the conditional use application.

1.

The legal description of the property for which the conditional use is requested;

2.

Description of the property according to street;

3.

The names and addresses of the owners of the property;

4.

A detailed description of the conditional use requested;

5.

Current zoning classification of the property;

6.

Reason for requesting the conditional use;

7.

Any other data which the planning and zoning board may deem necessary such as architectural drawings or sketches of all buildings showing front, side, rear elevations, and setbacks, etc.

8.

The signature of the applicant or his authorized agent.

9.

A complete list of all property owners, mailing addresses and legal descriptions of all property within three hundred (300) feet of the parcel for which the conditional use is requested. This information must be taken from the latest Nassau County tax rolls.

10.

The Future Land Use Map designation contained in the currently adopted comprehensive plan.

(B)

Upon completion and receipt of the application, the planning department shall review the application and provide written recommendation based upon the goals, objectives and policies of the comprehensive plan and existing land use regulations. The planning department shall place the application for conditional use as well as a written recommendation on the agenda of the next available planning and zoning board meeting. The planning and zoning board shall hold a public hearing to review conditional use requests. The planning and zoning board shall base the denial or approval of each application for a conditional use based upon consideration of the criteria outline in section 5.04 of the land development code.

(C)

The applicant or his representative shall appear before the planning and zoning board to provide evidence concerning the proposed conditional use.

(D)

The planning department shall be responsible for giving due public notice of public hearing held by the planning and zoning board.

(E)

The planning and zoning board has the power to deny, approve, or approve with conditions, any conditional use requested. When a conditional use has been approved with conditions, the planning and zoning board may, as it deems necessary for the protection of public health, safety and general welfare, impose certain conditions, limitations, or restrictions on the use requested and its premises. Conditional uses along with all conditions and safeguarded attached thereto shall be non-transferable and granted to the applicant only.

(F)

Any conditional use permit granted by the planning and zoning board shall allow only those use or uses specifically described in the application and is subject to the terms or conditions expressed therein. The expansion or extension of the conditional use beyond the scope or terms of the conditional use permit shall be unlawful and is in violation of this ordinance.

(G)

If the planning and zoning board denies a petition for a conditional use permit, the denied petition cannot be resubmitted nor can any action be taken on a new petition for basically the same conditional use on the same premises, within twelve (12) months after the date the last petition was denied.

(Ord. No. 2003-62, § 3, 11-24-03; Ord. No. 2004-57, § 2, 12-13-04; Ord. No. 2024-019, § 5, 11-11-24)

When considering conditional use requests, the planning and zoning board shall make a written finding that the conditional use satisfied the following criteria:

(A)

The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare and is not contrary to established standards, regulations, or ordinances of other governmental agencies. The applicant requesting a conditional use shall provide proof of adequate access to the site and proof that the necessary access connection permits have been approved or will be approved.

(B)

Each structure or improvement will be in accordance with Chapter 7, Article VII of the Nassau County Code of Ordinances and will be so designed and constructed that it is not unsightly, undesirable, or obnoxious in appearance to the extent that it will hinder the orderly and harmonious development of Nassau County and the zoning district in which it is proposed.

(C)

The conditional use will not adversely impact the permitted uses in the zoning district nor unduly restrict the enjoyment of other property in the immediate vicinity nor substantially diminish or impair the values within the area.

(D)

The establishment of the conditional use will not impede the orderly development and improvement of the surrounding property for uses permitted in the zoning district.

(E)

Adequate water supply and sewage disposal facilities will be provided in accordance with state and county health requirements.

(F)

Adequate access roads, on-site parking, on-site loading and unloading berths, and drainage have been or will be provided where required.

(G)

Adequate measures have been taken to provide ingress and egress to the property which is designed in a manner to minimize traffic congestion on local streets.

(H)

Adequate screening and buffering of the conditional use will be provided, if needed.

(I)

The conditional use will not require signs or exterior lighting which will cause glare, adversely impact area traffic safety or have a negative economic effect on the area. Any signs or exterior lighting required by conditional use shall be compatible with development in the zoning district.

(J)

The conditional use will conform to all applicable regulations of the zoning district in which it is proposed.

(K)

The conditional use will conform to all applicable regulations listed in the adopted comprehensive plan.

(Ord. No. 2003-62, § 4, 11-24-03; Ord. No. 2024-019, § 6, 11-11-24)

A variance from the provisions of this ordinance is granted when practical difficulties or unnecessary hardships that are not caused through actions of the applicant, will result from carrying out the strict letter of this zoning ordinance. The following must be completed when requesting a variance:

(A)

File an application with the planning department. The necessary forms and instructions can be obtained from the planning department.

(B)

The application for a variance shall include, but not be limited to, the following information which shall be provided by the applicant:

1.

If the applicant is other than the owner(s) of the property, the signed written consent of the property owner(s) must be attached.

2.

A complete legal description of the property for which the variance is requested, along with a scaled diagram showing the setbacks and the location of the proposed construction.

3.

The location and current zoning classification of the property being considered for the variance.

4.

Describe the variance requested. A variance may be authorized only for the reduction of minimum street frontage, lot area and required yards (front, side, rear) or for the increase of height of structures and site coverage only when such increases are not in conflict with the adopted comprehensive plan and Florida Building Code. A modification to lot requirements shall not be granted a variance when such modification will result in an increase of density/intensity of use beyond that permitted by the adopted Future Land Use Map for the underlying land use of the area. A variance shall not change the functional classification permitted or permissible by the comprehensive plan and future land use map, as currently adopted.

5.

A complete list of all property owners, mailing addresses and legal description of all property within three hundred (300) feet of the parcel for which the variance is requested. This information must be taken from the latest Nassau County tax rolls.

(C)

Upon receipt of the completed application and the required zoning fee, the planning department will review the application and prepare a written report regarding the consistency of the "request for variance" with the adopted comprehensive plan and current land use regulations. The planning department will submit its report and the application to the planning and zoning board for action.

(D)

The planning department shall establish a date and time to hear the variance request and shall advertise the public hearing in a manner prescribed by law.

(E)

No grant of a variance shall be contrary to the public interest when, due to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary and undue hardship upon the owner of the subject property or structure or the applicant for the variance. In making any final determination on a variance request, the planning and zoning board shall consider the criteria as established below:

1.

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and are not applicable to other lands, structures, or buildings in the same zoning district.

2.

The special conditions and circumstances do not result from actions of the applicant.

3.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district.

4.

Literal interpretations of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance and would place unnecessary and undue hardship on the applicant.

5.

The variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure.

6.

The granting of the variance will be in harmony with the general intent and purpose of this ordinance and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; and

7.

The granting of the variance will not exceed the density or intensity of land use as designated on the currently adopted Future Land Use Map or the underlying land use.

(F)

The conditional use and variance board has sixty (60) days for the date the application is deemed complete to make a final decision. Variances along with all conditions and safeguards attached thereto shall be granted to the property.

(G)

In granting any variance, the planning and zoning board may attach appropriate conditions and safeguards. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the zoning ordinance. The planning and zoning board may establish a reasonable time limit within which the action for which the variance is required shall be started and completed.

Under no circumstances, except as permitted above, shall the planning and zoning board grant a variance to permit a use not generally or conditionally permitted in the zoning districts involved or any use expressly or by implication prohibited by the terms of this ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

(H)

If the planning and zoning board denies a variance application, the denied application cannot be resubmitted, nor can any action be taken on a new application for basically the same variance on the same property, until twelve (12) months after the date the last petition was denied.

(Ord. No. 2003-62, § 5, 11-24-03; Ord. No. 2004-57, § 3, 12-13-04; Ord. No. 2024-019, § 7, 11-11-24

Any person or entity aggrieved by any final decision of the planning and zoning board may file an appeal with the board of county commissioners. The appeals procedure shall include the following actions:

(A)

Filing of appeal: The notice of appeal, stating the grounds for the appeal, must be filed with the county clerk within thirty (30) days of the date the action being appealed was rendered. The notice of appeal shall be filed on forms established and provided by the county clerk and shall include all pertinent information required thereon, including appropriate filing fees. The planning department, upon notification of the filing of the appeal by the county clerk, shall transmit upon request to the county clerk all materials constituting the record upon which the action appealed was taken.

(B)

Stay of work: An appeal to the board of county commissioners stays all work on the project and all proceedings in furtherance of the action being appealed until final determination has been made by the board of county commissioners.

(C)

Hearing of appeals: The board of county commissioners, within thirty (30) days after receipt of the notice of appeal, shall set a reasonable date for hearing the appeal and give due public notice. Published notice of the hearing shall be in a form prescribed by the board of county commissioners and placed in the designated newspaper at the applicant's expense. The applicant shall file proof of publication with the clerk of the court prior to the hearing. The applicant, and petitioner if different from the applicant, must be given due notice of the hearing. The applicant and petitioner may appear in person at the hearing or be represented by his agent or attorney.

(D)

Decision: In exercising the powers granted by this ordinance, the board of county commissioners, by majority vote of its members, may reverse, affirm, or modify the order, requirement, decision or determination being appealed, and to that end shall have the powers of the planning and zoning board or planning department and may issue the necessary permit. Rulings and decisions to the board of county commissioners shall become effective thirty (30) days after the date of such ruling or decision. This will allow either party ample time to file an appeal with the circuit court.

(E)

Appeal of board of county commissioners decisions: Any person or persons jointly or severally aggrieved by a decision of the board of county commissioners may appeal in the circuit court which serves the jurisdiction in which the board of county commissioners is located. This appeal must be filed within thirty (30) days after the board of county commissioners has rendered its decision.

(Ord. No. 2003-62, § 6, 11-24-03; Ord. No. 2004-57, § 4, 12-13-04; Ord. No. 2024-019, § 8, 11-11-24)

A.

Purpose and applicability.

1.

The purpose of this section is:

a.

To provide guidelines and procedures to ensure that site development plans contain essential information and data necessary for the county to reach fair, equitable and timely decisions.

b.

To provide applicants the option to receive preliminary approval that ensures expeditious review of site engineering construction plans based upon the preliminary binding site plan approval and established standards.

2.

Site development plans subject to review and approval are hereby classified as follows for the purpose of the procedures and standards contained in this section:

a.

Class I:

i.

Single-family dwellings, duplexes, mobile home placement or replacement on existing lots of record or lot splits exempt from subdivision requirements.

ii.

Residential accessory structures.

iii.

General repairs.

iv.

Any modifications to existing non-residential buildings or sites in which:

(a)

The building area of the site is not increased by more than four thousand nine hundred ninety-nine (4,999) square feet; or

(b)

The site's impervious area is not increased more than three thousand nine hundred ninety-nine (3,999) square feet; and

(c)

The development review committee has the ability to determine if a proposed project is required to go through full DRC review, subject to section 5.07(B)(5)(f).

v.

Temporary sales and construction related to an approved site engineering plan for a period not to exceed three (3) years.

vi.

Construction impacting a beach dune system not regulated by the Florida Department of Environmental Protection shall require a dune protection plan.

b.

Class II:

i.

All sites which exceed the limitations of Class I as stated above or are not specified as Class III herein. This includes the development of undeveloped land, redevelopment of land or structure(s), and the modification of existing developed land or structure(s) that is not specifically listed as meeting the Class I standards.

ii.

Expansions or use changes of existing non-residential development generating an increase of more than four hundred (400) gross average daily vehicular trip ends per day.

iii.

Multi-family development containing an aggregate of three (3) dwelling units or more.

iv.

New commercial construction on a vacant site or the change of use from residential to non-residential.

c.

Class III:

i.

Existing final development plans for planned unit developments (PUD) and travel trailer parks and campgrounds with an approved FDP in good standing shall apply for site engineering plan (SEP) approval consistent with the approved FDP.

ii.

New PUDs approved after the effective date of the ordinance adopting this amendment shall not seek final development plan approval but shall apply for SEP approval pursuant to section 5.07 C. below. All PUD applicants must submit a preliminary development plan as defined in section 25.05 of the Land Development Code.

iii.

PUDs in existence upon the effective date of the ordinance adopting this amendment without an approved FDP in good standing shall proceed to SEP approval pursuant to section 5.07 C. below.

iv.

New travel trailer parks and campgrounds approved after the effective date of the ordinance adopting this amendment shall proceed to SEP approval pursuant to section 5.07 C. below.

v.

Travel trailer parks and campgrounds existing prior to the effective date of the ordinance adopting this amendment without an approved FDP in good standing shall not be required to seek FDP approval and shall proceed to SEP approval pursuant to section 5.07 C. below.

d.

Class IV:

i.

Development proposals certified by the Florida Department of Commerce (DOC) as qualifying under F.S. § 288.065, (rural loan/infrastructure/economic development) or F.S. § 288.108, (high-impact business). In order to receive such certification, the applicant must prepare and submit a general project overview on forms provided by and submitted to the Nassau County Economic Development Board. In advance of DOC certification, if the Nassau County Economic Development Board and the county commissioner in whose district an application is located concur that the application is eligible for Class IV status then such development will be subject to Class IV review.

ii.

Affordable/workforce housing development proposals wherein twenty (20) percent of the units (minimum of three (3)) are provided for a period of at least five (5) years at monthly mortgage payments (including taxes and insurance), or monthly rents (including utilities), that do not exceed thirty (30) percent of the median adjusted gross annual income, adjusted for household size, as provided in section 420.0004 subsections (9), (11), or (17), Florida Statutes.

iii.

Proposed developments pursuant to section 125.01055(7), Florida Statutes, as amended, which meet all the requirements of section 5.08 of the Land Development Code.

3.

Site engineering plan approval required. No building permit, except for an at-risk foundation-only building permit, for a Class II, III, or IV development, as defined herein, shall be issued unless site engineering plans for construction are approved in accordance with the procedures and standards of this section. The issuance of foundation-only building permits prior to approval of site engineering plans is an accelerated process undertaken at the applicant's request whereupon the applicant assumes all risk associated with time and expense of changes necessitated as a result of the final site engineering plan approval.

4.

All applications are to be made on forms provided by Nassau County. Persons authorized to file for site plan approval include:

a.

Owners of a property that is subject to site plan application; or

b.

Lessees or contract vendees of property subject to the site plan approval application, with the notarized written permission of the property owner(s); or

c.

Agents of a property owner, lessee or contract vendee with notarized written permission of the property owner.

5.

The building department shall accept a complete building permit application for Class IV developments simultaneously with submittal of a complete site engineering plan application. This is an accelerated process undertaken at the applicant's request and whereupon the applicant assumes all risk associated with time and expense of changes necessitated as a result of the final site engineering plan approval.

B.

Development review committee. The development review committee (DRC) is hereby established.

1.

Membership and chair. The directors of planning, development services, fire/rescue, building, a representative from the Nassau County School District as recommended to the county manager by the superintendent of schools, health department, and 911 addressing shall each designate a DRC regular member and an alternate member from their respective departments. The director of development services or his/her designee shall serve as chair. Designees shall exercise the responsibility and authority of the regular member.

2.

The development services department shall be responsible for intake, agenda preparation, public notice, distribution of plans and specifications, collection of fees, preparation of minutes, audio recording of meetings and preparation of approval documents.

3.

Public notice of DRC meetings shall be posted on the county website. The general public is invited to observe all meetings and review all documents.

4.

Meetings shall be held on a weekly basis commencing at 9:00 a.m. as established by the DRC. Special meetings may be called from time to time by the planning director or development services director. Minutes of the meetings shall be prepared as well as recorded (audibly) and available to the public upon request. An agenda for the DRC shall be posted on the county website, at least seventy-two (72) hours prior to a scheduled meeting.

5.

Powers and duties. The development review committee has the following powers and duties:

a.

To conduct pre-application meetings and provide information about applicable development procedures and standards.

b.

Preliminary binding site plans to approve Class II and IV preliminary binding site plans;

c.

Site engineering —To approve site engineering plans for the commencement of horizontal and/or above ground site construction based upon compliance with applicable codes, other regulatory agencies having jurisdiction and, if applicable, the valid preliminary binding site plan.

d.

Reserved.

e.

Review and approve preliminary plats.

f.

As determined by the DRC at a pre-application meeting, the DRC may waive the requirement for the project to go through DRC review.

g.

Serve as the county's design review board and/or architectural review board in order to provide architectural and design review of various types of structures including, but not limited to, residential structures, accessory structures or any other structure subject to architectural or design standards utilized by Nassau County.

h.

Review and make recommendations on amendments to existing final development plans.

i.

Review and approve minor deviation to approved PUD preliminary development plans and approved PUD final development plans, as set forth in article 25 of the Land Development Code.

j.

Review and make recommendations relating to major deviations proposed to approved PUD preliminary development plans and approved PUD final development plans, as set forth in article 25 of the Land Development Code.

C.

Submission requirements.

1.

Class II and IV may submit a preliminary binding site plan(s) for approval to ensure expeditious review of site engineering construction plans based upon the preliminary binding site plan approval. Informational requirements include:

a.

Boundary survey meeting the minimum technical standards set forth by the Florida Board of Professional Surveyors and Mappers in Rule 61G17-6 F.A.C.

b.

Plans in electronic format including name of responsible designer, date, north arrow and graphic scale of not more than one (1) inch equals fifty (50) feet and providing the information applicable to the site development specified in the following subsections.

c.

Tabulations—Gross site acreage; total building area; total parking area and parking ratio; total surface area of stormwater retention facilities at top of bank; jurisdictional wetlands and wetland buffer width; submerged areas; total landscaped areas; and buffers. Provide calculations of floor area ratio; impervious surface ratio and landscape open spaces.

d.

Proposed use(s)—Residential dwelling units by unit type for residential uses and lot sizes. Gross floor area of all non-residential uses and identification of the use.

e.

On-site: Property dimensions and existing and proposed easements and rights-of-way; exterior dimensions of all principal structures (except single-family detached), their height, finished floor elevation and number of stories; setbacks; distances between structures; fire hydrants or dry wells; stormwater ponds, easements and major stormwater conveyance systems; wetlands preserved, impacted and mitigated; floodways, floodplains and flood hazard areas; driveway location and dimensions including return radii and pavement material; drive aisle width; number and dimension of parking spaces; cross-access locations and dimensions; off-street loading areas for passengers or freight; drive-through locations including stacking and escape lanes; landscape area dimensions; sidewalks; bicycle lanes and racks; public school bus stop(s) and/or child pick-up/drop-off area(s).

f.

Off-site: Width and length of turn lanes; conceptual water supply and sewage disposal facilities including points of connection; main extensions and laterals; lift stations; fire hydrants; proposed traffic signalization phasing and sequencing; public school bus stop(s) and/or child pick-up/drop-off area(s).

g.

Ancillary items—Phase lines; accessory uses and structures including exterior sales, service or storage areas; exterior lighting including height of poles and notes on shielding of luminaires; fences and walls; dumpsters and enclosures; sign location(s) and height; rights-of-way and all other lands or improvements proposed for dedication to the public.

h.

All preliminary binding site plans over ten (10) acres in size shall conduct an environmental assessment. The assessment may employ aerial photographs; land use and cover classifications per Florida Land Use Classification Codes (FNAI.org/gisdata.cfm); wetlands identified by the National Wetlands Inventory, SJRWMD (SJRWMD.com/gisdevelopment) or ground truthing; wildlife corridors and strategic habitat conservation areas identified by the Florida Fish and Wildlife Conservation Commission's Florida Natural Areas Inventory and Florida Department of Environmental Protection supplemented, as appropriate, by field surveys. Planning for proposed development should consider natural systems and developers are encouraged to use conservation design techniques such as clustering, density transfers, stem wall foundations, tree wells, and other techniques to produce marketable projects while protecting natural and historic resources. Site development plans impacting areas identified as potential habitat for endangered, threatened or species of special concern, as listed in Rule 68A-27, F.A.C., shall provide evidence of submittal to the Florida Fish and Wildlife Conservation Commission (FWCC) prior to receiving conceptual approval. Archaeological and historic resources shall be identified by reference to the Florida Master Site File.

i.

Architectural renderings (where required), streetscape plans, materials lists and similar requirements of a planned unit development, development of regional impact, sector plan, overlay district, preliminary development plan, development agreement, developer agreement, or other similar development order.

(1)

As it relates to developments that are comprised solely of single family detached homes, two-family homes [duplexes], or single family attached homes [townhomes], the owner of a property may choose to delay the submittal of architectural renderings (when required), at the owner's risk. However, none of the following shall occur until the architectural renderings and correlating architectural and urban design standards have been reviewed and approved by Nassau County:

a.

Commencement of any on-site or off-site construction. This includes mass grading and sitework but does not include the commercial harvesting of trees as part of an agricultural operation.

b.

Approval of preliminary plat.

c.

Approval of building permit.

(2)

An owner who chooses to delay the submittal of architectural renderings for review shall sign an At-Risk Acknowledgement Form that states, among other items:

a.

The owner is responsible for any costs or delays that arise due to the delayed submittal of architectural renderings. This includes costs and delays associated with amending previously approved site engineering plans (SEP).

b.

Approval of an SEP does not exempt a project from meeting all architectural and urban design standards nor can approval of an SEP be used as grounds for an inability to meet the architectural or urban design standards.

c.

The owner who chooses to delay submittal of architectural renderings accepts the risk that the previously approved SEP may need to be amended in order to meet the various urban design standards.

2.

Site engineering plan informational requirements.

a.

If an applicant chooses to bypass the preliminary binding site plan process, in addition to the following submittal requirements, an applicant shall include all submittal requirements of the preliminary binding site plan set forth in section 5.07 C.1. above. All site engineering plans submitted for planned unit developments (PUD) shall conform to the approved PUD preliminary development plan and, if applicable, approved final development plan, and include all submittal requirements of the preliminary binding site plan as set forth in section 5.07 C.1. above. The applicant shall submit plans in electronic format signed and sealed by the engineer of record together with a digital file in a format usable by Nassau County.

b.

If applicable, the preliminary binding site plan approved in accordance with the preceding section, including all necessary changes or corrections to comply with any conditions of approval. If another agency having jurisdiction over the development specifically requires, as a condition precedent for that agency's approval, modifications to the county-approved preliminary binding site plan, they shall be so noted and evidence of the agency's specific direction provided.

c.

Engineer or engineering company identified on each sheet of the site engineering plans together with executed certificate of completeness (signed and sealed statement by the engineer of record that the design complies with the requirements of the Nassau County Code). Improvements shall be designed in accordance with requirements of the utility company and approved by the county engineer or his/her designee.

d.

Paving and grading plans showing plan views, profiles and detail sheets in accordance with Appendix D, Roadway and Drainage Standards, as amended, and the development services' technical review checklist.

e.

Drainage and geotechnical reports meeting the criteria of Appendix D, Roadway and Drainage Standards, as amended, and development services' technical review checklist.

f.

Sediment and erosion control measures.

g.

Lighting a detail of exterior lighting fixtures showing height of poles and notes on shielding of luminaires must be included in the SEP submittal. If an engineered street lighting plan prepared by the utility company meeting the minimum requirements of Nassau County is submitted for review, no additional engineered lighting plans for the roadway(s) will be required. Site photometric plans for other areas proposed to include artificial lighting, except for lighting within single-family and two-family lots, shall be required to be submitted. Lighting plans may be submitted separately but must be submitted and approved prior to scheduling of the pre-construction meeting.

h.

Water and wastewater plans and profiles as applicable to the franchised utility provider and FDEP.

i.

Copies of SJRWMD permit or compliance letter; FDOT permit or notice of intent letter, and any other state and federal permits. An applicant may elect to defer all permits to the preconstruction meeting at the applicant's own risk. Should any permit(s) require any changes to the approved plans, the applicant shall have to get the plans re-approved through the site engineering plan approval process. No construction shall be allowed to commence until all permits have been obtained, and no preconstruction meeting shall occur prior to all necessary permits being obtained.

j.

Complete landscape plan and materials list pursuant to article 37, LDC, as same may be amended from time to time.

k.

School impact analysis and subsequent school concurrency reservation letter (residential projects).

l.

Public school bus stop(s) and/or child pick-up/drop-off area(s) meeting the minimum requirements of the Nassau County School District.

m.

Architectural renderings (where required), streetscape plans, materials lists and similar requirements of a planned unit development, development of regional impact, sector plan, overlay district, preliminary development plan, development agreement, developer agreement, or other similar development order.

(1)

As it relates to developments that are comprised solely of single family detached homes, two-family homes [duplexes], or single family attached homes [townhomes], the owner of a property may choose to delay the submittal of architectural renderings (when required), at the owner's risk. However, none of the following shall occur until the architectural renderings and correlating architectural and urban design standards have been reviewed and approved by Nassau County:

a.

Commencement of any on-site or off-site construction. This includes mass grading and sitework but does not include the commercial harvesting of trees as part of an agricultural operation.

b.

Approval of preliminary plat.

c.

Approval of building permit.

(2)

An owner who chooses to delay the submittal of architectural renderings for review shall sign an At-Risk Acknowledgement Form that states, among other items:

a.

The owner is responsible for any costs or delays that arise due to the delayed submittal of architectural renderings. This includes costs and delays associated with amending previously approved site engineering plans (SEP).

b.

Approval of an SEP does not exempt a project from meeting all architectural and urban design standards nor can approval of an SEP be used as grounds for an inability to meet the architectural or urban design standards.

c.

The owner who chooses to delay submittal of architectural renderings accepts the risk that the previously approved SEP may need to be amended in order to meet the various urban design standards.

D.

Preliminary binding site plan (PBSP) processes.

1.

Preliminary binding site plans are optional. An applicant can choose, at their own risk, to bypass the preliminary binding site plan process and proceed directly to site engineering plan submittal, provided all submittal requirements of the preliminary binding site plan as set forth in section 5.07C.1 above are included with the site engineering plans. Whenever a time limitation is referenced in this section, it shall refer to calendar days unless specifically stated otherwise.

2.

Class I reviews are processed through the building permit process. Any applicant for a Class I site plan, which plan does not otherwise qualify as a Class II, III or IV, can request a pre-application meeting prior to applying directly for a building permit.

3.

Class II preliminary binding site plans.

a.

A pre-application meeting between the developer and the county shall be held to discuss basic site development requirements, site features and the proposed development. A concept plan drawn to scale shall be submitted to the DRC. This plan should contain at a minimum; proposed buildings and major outdoor use areas, parking and vehicular circulation, dimensions for parking, driving aisles and driveways, access points, wetlands, location of open spaces, landscape and uncomplimentary use buffers and stormwater management areas. This pre-application meeting may be waived at the discretion of the DRC chair.

b.

Within one hundred eighty (180) days following the pre-application meeting or waiver, the applicant must submit plans in electronic format meeting the applicable criteria of Section 5.07.C., above, and the fee as established by resolution of the county commission. The DRC will have up to fourteen (14) days to review this first submittal and return comments to the applicant.

c.

The applicant will have up to ninety (90) days from receipt of the DRC comments to resubmit plans. If no resubmittal occurs within the required timeframe, the applicant shall be required to restart the site plan review process, beginning with a pre-application meeting. The resubmittal all include a written reiteration of the original comment followed by a response. The DRC will conduct its re-review within seven (7) days of the receipt of revised plans. The re-review shall be based upon satisfaction of initial comments. Additional DRC comments will be forthcoming if the resubmittal employs design changes that do not comply with the county code.

d.

The submittal process shall be repeated until all comments have been satisfied and a PBSP has been approved by DRC or an appeal has been filed pursuant to subsection G.

e.

The DRC's decision shall be based upon the following review criteria:

i.

Consistency with the goals, objectives and policies of the Nassau County Comprehensive Plan.

ii.

Conformity with the land development code, subdivision and other applicable development standards.

iii.

Special conditions relating to a valid development order, development agreement or developer agreement binding on the property, or any portion thereof.

iv.

Automotive and pedestrian safety, traffic flow, access, and buffering from abutting property(ies). Geometric design will be based on the applicable FDOT or Nassau County design and construction standards.

v.

The location, size and character of recreation and open spaces and their relationship to community-wide open spaces, conservation areas or recreation facilities.

f.

In approving a preliminary binding site plan, the DRC may attach conditions that directly derive from, and are consistent with, the standards for review, the Land Development Code, Roadway and Drainage Standards, Code of Ordinances, comprehensive plan goals, objectives and policies, Florida Building Code, Florida Fire Prevention Code, Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, Manual of Uniform Traffic Control Devices, and Rule 64E, Florida Administrative Code or applicable Florida Statutes.

g.

After preliminary binding site plan comments have been satisfied, the project shall be scheduled on the agenda for the next DRC committee meeting at which point in time the DRC will consider the project for final approval.

4.

Class IV preliminary binding site plans.

a.

Class IV preliminary binding site plans shall follow a Class I, II or III process as classified by subsection A.2.

b.

The fee for preliminary binding site plans and site engineering plan submittals for Class IV projects shall be one-half (½) of the application fee.

E.

Site engineering plan (SEP) process.

1.

If an applicant chooses, at their own risk, to bypass the preliminary binding site plan approval process, a pre-application meeting between the developer and the county shall be held, prior to the submitting of the site engineering plan, to discuss the proposed development including basic site development requirements and site features. A concept plan drawn to scale shall be submitted to the DRC. This plan shall contain, at a minimum, proposed buildings and major outdoor use areas, parking and vehicular circulation, dimensions for parking, driving aisles and driveways, access points, wetlands, location of open spaces, landscape and uncomplimentary use buffers, and stormwater management areas. This pre-application meeting may be waived at the discretion of the DRC chair. Within one hundred eighty (180) days following the pre-application meeting or waiver, the applicant shall submit a complete site engineering plan for processing.

2.

If an applicant chooses to complete the preliminary binding site plan process, following approval or conditional approval of a Class II, III, or IV preliminary binding site plan, an applicant has one (1) year to submit a complete set of site engineering plans for processing as set forth in this section. An applicant may, for good cause shown, request one-year extension of this timeframe to the development services department prior to the expiration of the preliminary binding site plan provided no applicable land development regulation revisions have occurred since approval of the preliminary binding site plan. The point of intake shall be the development services department. The DRC shall review the site engineering plans and provide written comments to the applicant within twenty-one (21) days. Following a denial or approval subject to conditions, the applicant has a maximum of ninety (90) calendar days to resubmit site engineering plans to the development services department. If no resubmittal occurs within the required timeframe, the applicant shall be required to restart the site plan review process, beginning with a pre-application meeting. The resubmittal include a written reiteration of the original comment followed by a response. The DRC will reconsider the amended site engineering plans. not more than fourteen (14) days following resubmittal. The re-review shall be based upon satisfaction of initial comments. Additional DRC comments will be forthcoming if the resubmittal employs design changes that do not comply with the county code. The submittal process shall be repeated until all comments have been satisfied and the engineering plans have been approved by DRC or an appeal has been filed pursuant to subsection G. The services director will do all things necessary and appropriate to abbreviate the review time for Class IV applications.

F.

Effect and time limitations of approval.

1.

No building permit or site work permit shall be issued by the applicable department for any improvements for a development meeting the criteria of Class II, III, or IV, whether in phases or as a single operation, unless a site engineering plan(s) for those improvements have been approved by the development review committee with the exception of foundation-only building permits. The issuance of foundation-only building permits prior to approval of site engineering plans for construction is an accelerated process undertaken at the applicant's request whereupon the applicant assumes all risks associated with time and expense of changes necessitated as a result of the final site engineering plan approval.

2.

The parameters of the development approved during the preliminary binding site plan shall not be subject to further DRC review unless they represent a health safety issue. Such parameters include, but are not limited to, use(s), density and intensity, building area and general location, vehicular areas, landscaped areas, open spaces and buffers and areas dedicated to public use. Minor deviations from the preliminary binding site plan may be approved by the development review committee through the site engineering plan review and approval process. Conditions attached to the approval of the preliminary binding site plan are binding on the applicant, his successors or assigns and shall be addressed as part of the application for site engineering plan approval.

3.

Approval of a site engineering plan does not relieve an applicant from the need to obtain necessary approvals from any other agencies having jurisdiction with respect to the proposed improvements or limit the applicability of the Florida Building Code or Florida Americans with Disabilities Act.

4.

An applicant obtaining site engineering plan approval must receive a site work permit or building permit for the improvements, or first phase of improvements identified in the site engineering plan, not later than two (2) years following approval of the site engineering plan by the DRC and commence substantial construction. Substantial construction shall be determined by the development review committee. The following criteria shall be used in determining substantial construction:

(a)

All local and state permits have been secured to fully construct the development;

(b)

Installation of horizontal infrastructure has been permitted and commenced; and

(c)

Clearing, grading, and pond construction activities do not constitute substantial construction.

One (1) extension of up to one (1) year may be granted for cause upon a demonstration to and approval by the services director provided no applicable land development regulation revisions have occurred since the last plan set submittal or the plan set is updated to conform to any applicable revisions. The extension request must be made prior to the expiration of the site engineering plan.

G.

Appeals and variances.

1.

An who wishes to challenge a decision of the development review committee with respect to his or her application for preliminary binding site plan or site engineering plan, including a denial of an application or a condition of approval, shall file a written petition for hearing, along with the appropriate fee, to the clerk of court within thirty (30) calendar days from the date of final decision.

2.

The petition shall be on a form provided by Nassau County and shall include a statement and supporting material setting forth the particular basis for the challenge, including the applicable code sections alleged to be applied in error, and setting forth the different result which would occur if the provisions were correctly applied.

3.

Upon receipt of a timely and complete petition, the matter shall be duly noticed and placed on the agenda of: (i) preliminary binding site plans shall be placed on the agenda for the planning and zoning board. The planning and zoning board shall conduct the hearing within forty-five (45) days of the filing of a timely and complete petition, unless otherwise mutually agreed to by the parties.; or ; (ii) site engineering plans shall be placed on the agenda for the construction board of adjustments and appeals board. The construction board of adjustments and appeals board shall conduct the hearing within forty-five (45) days of the filing of a timely and complete petition, unless otherwise mutually agreed to by the parties. Due public notice shall be accomplished as defined for the applicable board. Newspaper or other posting costs shall be at the expense of the appellant.

H.

Fees. There is no fee for a pre-application meeting. Fees for Class II and IV preliminary binding site plans, Class III final development plans, and site engineering plan approval shall be established from time to time by resolution of the board of county commissioners. Qualifying Class IV developments are subject to one-half (½) the established fee for other classes.

(Ord. No. 2010-08, § 3, 7-26-10; Ord. No. 2014-003, § 2(Exh. A), 2-10-14; Ord. No. 2016-11, § 2, 9-26-16; Ord. No. 2020-09, § 2(Exh. A), 2-10-20; Ord. No. 2021-04, 4-12-21; Ord. No. 2021-11, 7-12-21; Ord. No. 2025-017, § 2, 7-28-25)

A.

Intent. The Live Local Act (LLA) created subsection (7) of Section 125.01055, Florida Statutes, (LLA Statute), which requires authorization of certain multifamily and mixed-use residential projects which meet all of the requirements and criteria of the LLA Statute. The purpose of this section is to establish land development regulations for LLA projects consistent with Florida law.

B.

Applicability. The provisions of this section shall be applicable in the unincorporated areas of Nassau County to projects seeking to develop pursuant to the LLA. This section shall only be construed to allow LLA projects meeting the criteria set forth in this section and the LLA Statute, as may be amended, subject to the execution by the property owner of a Land Use Restriction Agreement (LURA). LLA projects must comply with all other requirements of the applicable Nassau County Land Development Code, Comprehensive Plan, and Code of Ordinances except those exceptions as provided in the LLA Statute.

C.

LLA zoning verification.

1.

LLA projects must submit a Live Local Act Verification application on a form provided by the county.

2.

LLA projects must be currently zoned as commercial neighborhood (CN), commercial general (CG), commercial intensive (CI), commercial, highway, and tourist (CHT), commercial, professional, and office (CPO), industrial warehouse (IW), industrial heavy (IH), or industrial park (IP). No application for rezoning to an available LLA zone may accompany an LLA application.

D.

Zoning Requirements.

1.

LLA projects shall be subject to the applicable requirements of the Nassau County Land Development Code for multifamily residential developments in areas zoned for such use and any applicable supplementary regulations.

2.

Off-street parking requirements shall be pursuant to article 31 of the Land Development Code, article 9 of Appendix D, Roadway and Drainage Standards, and any applicable supplementary regulations. Project may seek approvals for a determination for alternative parking standards as may be applicable unless otherwise provided in the LLA statute.

E.

Occupancy. Unless otherwise provided by the LLA statute, at least forty (40) percent of the residential units shall be designated as affordable housing, as defined in the LLA statute for a period of at least thirty (30) years and subject to a land use restriction agreement (LURA) with the county.

F.

Procedure. All LLA project applications must follow the submittal and review requirements of Class IV developments as defined in this article.

(Ord. No. 2025-017, § 2, 7-28-25)