Item Coversheet



BOCC AGENDA ITEM


Item Title:Amendment to LDC Art. 28, & 32- Accessory Dwellings
Date:2/11/2019
Department:Planning & Economic Opportunity
Background:

In 2018 Nassau County partnered with the City of Fernandina Beach on a housing assessment conducted by the University of Florida’s Shimberg Center for Housing Studies, which indicated a shortage of affordable rental units within the County.

Nassau County Comprehensive Plan Policy H.03.05 states that the County may pursue the use of accessory dwellings as an affordable rental option based on a finding by the County that there exists a shortage of affordable rental units within the County, consistent with Florida Statutes 163.31771.

The Affordable Housing Advisory Committee (AHAC), appointed by the Board of County Commissioners, is working on a variety of strategies to ensure a diverse and affordable housing stock in Nassau County.

AHAC identified the use of accessory dwellings as one such strategy, considered a best practice among housing strategies and employed by numerous jurisdictions across the United States.

Currently, the Nassau County Land Development Code does not allow accessory dwellings as a use. The proposed changes will allow for accessory dwellings by right in any residentially-zoned zoning district. Accessory dwellings can be used for guests, caretakers, and where the primary single-family home holds a Homestead Exemption, rentals. 

The AHAC formed an Accessory Dwelling subcommittee to draft suggested language for an accessory dwelling ordinance consistent with requirements in Florida Statutes 163.31771 and based on best practices. The Accessory Dwelling subcommittee forwarded their recommendations to the full AHAC for consideration, and those have been incorporated into this ordinance for recommendation by the Planning & Zoning Board ad adoption by the Board of County Commissioners.

At the Planning Advisory Board meeting on January 15, 2018, the Planning & Zoning Board recommended adoption of the ordinance with a one-year sunset provision. Logistically, a sunset provision for a section of the Land Development Code is challenging, primarily because any dwelling constructed prior to the sunset period would become a non-conforming use were the code section to be sunset. Staff recommends adoption of the ordinance without the sunset provision, recognizing that the code section can be evaluated and amended at any time based on staff, PZB, and/or BOCC recommendations.

Request:

Consider an Ordinance of the Board of County Commissioners of Nassau County, Florida, amending Ordinance No. 97-19, as amended, known as the Nassau County Land Development Code, specifically amending Section 28.02 by removing Mother-In-Law Dwelling and Guest House and adding Accessory Dwelling; Amending Section 28.14 by removing Mother-In-Law Dwelling; Amending Section 28.15 by removing Guesthouses and adding Accessory Dwellings; and amending Article 32, Definitions, by removing Guest Cottage or House and Servants Quarters and adding Accessory Dwellings; providing for codification; providing for severability; and providing for an effective date.

Financial/Economic Impact to Future Years Budgeting Process or Effect on Citizens:
Action Requested and Recommendation:

Consider an Ordinance amending the Nassau County Land Development Code, specifically amending Section 28.02 by removing Mother-In-Law Dwelling and Guest House and adding Accessory Dwelling; Amending Section 28.14 by removing Mother-In-Law Dwelling; Amending Section 28.15 by removing Guesthouses and adding Accessory Dwellings; and amending Article 32, Definitions, by removing Guest Cottage or House and Servants Quarters and adding Accessory Dwellings.

 

 

 

Is this action consistent with the Nassau County Comprehensive Land Use Plan?
Yes
Funding Source:

Additional Information Needed for Contracts/Agreements (If Applicable)
Contract Number assigned by Contracts Management:
For non-governmental agencies, has the document been sent to the vendor for signature?
Does the document need to be recorded? If so, who will pay the recordation fee?
Are there any special mailing instructions? (Include contact name, address, deadline for submittal, how to mail such as express mail, FedEx, etc):
How many originals are needed?

ATTACHMENTS:
DescriptionUpload DateType
Accessory Dwelling Ordinance with No Sunset1/18/2019Ordinance