Item Coversheet


Item Title:LDC19-008 Sec. 28.02 Replacement Dwellings (Revised)
Department:Planning & Economic Opportunity

At the direction of the Planning & Zoning Board, this ordinance has been drafted to amend Section 28.02 of the Land Development Code. The proposed amendment would change the date in the provision that allows where more than one (1) dwelling unit previously existed on a lot or parcel , those dwelling units may be replaced provided all lot and yard requirements of the respective zoning district are met, and, if the replacement dwelling unit is a mobile home then the respective zoning district must allow for the establishment of a mobile home. The ordinance would change that date from October 9, 2017 to October 8, 1974 (date first zoning code was adopted in the County). The original ordinance was heard by the Planning and Zoning Board on July 2, 2019 and recommended for approval.

At the July 8 meeting of the Board of County Commissioners (BOCC), the Board made a motion to send this item back to the Planning and Zoning Board and inform them of the BOCC's concerns with this proposed amendment to the Land Development Code.

Concerns were raised regarding the widespread implementation of this provision, which would allow the replacement of dwellings where they would otherwise not be permitted if they were in existence after October 8, 1974. Members of the BOCC expressed the need to consider specific criteria to allow the replacement of dwellings, possibly limiting it to cases of hardship, and possibly requiring a variance to be approved by the County prior to replacing the dwelling.

The Planning and Zoning Board directed staff to draft a revised ordinance addressing criteria needed for proof that a dwelling had existed on the property between October 8, 1974 and the present.


Consider LDC19-008, an Ordinance of the Board of County Commissioners of Nassau County, Florida, amending Article 28, Supplementary Regulations, specifically amending Section 28.02, Erection of More than One Residential Dwelling Unit on a Lot or Parcel; providing an effective date.

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

Consider LDC19-008, an Ordinance amending Article 28, Supplementary Regulations, specifically amending Section 28.02, Erection of More than One Residential Dwelling Unit on a Lot or Parcel.

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

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Contract Number assigned by Contracts Management:
For non-governmental agencies, has the document been sent to the vendor for signature?
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DescriptionUpload DateType
LDC19-008 Ordinance (revised)9/18/2019Ordinance
LDC19-008 Staff Report9/18/2019Backup Material