Planning and Zoning Questions

Zoning Questions

Why would a public hearing for a zoning action be needed?

A public hearing is needed in order to change the zoning on a property. Additionally, a hearing is necessary if you wish to conduct an activity on a property which requires a Conditional Use Permit (CUP).

Do I need to own the property in order to request a zoning action?

If you do not own the property, the property owner of record must authorize you to make the application. A notarized statement from the property owner of record must accompany the application.

Do I need an attorney to apply for a zoning action?

No, but you may hire one if you choose. Public hearings are quasi-judicial proceedings, whereby the Board of County Commissioners’ decision is based upon substantial competent evidence from professionally qualified witnesses (such as engineers, land planners, surveyors, etc.) presented at the hearings.

When can I apply for a zoning action?

Applications are accepted every day at the Planning & Zoning Office (PZO) until 4:00 p.m. Deadline dates are posted in the PZO for each scheduled meeting. Applications can be obtained at the PZO or from the P&Z web page.

Do I need an appointment to submit an application?

You are encouraged to make an appointment to submit your application. It offers your best assurance that a planner will be available to assist you. Walk-ins are handled on a first-come first-served basis, depending upon staff availability. Avoid deadline day, if possible, for best service.

How often are zoning meetings held?

Meetings are typically held once a month. The Board of County Commissioners recess for the months of June and December.

What do I need to do in order to make application for a zoning action?

You must submit your application in person at the Planning & Zoning Office. After completing the application form and assembling the necessary paperwork, call (321) 633-2070 to schedule an appointment to submit your zoning application. Having an appointment is the best means of ensuring that a planner is available to assist you upon your arrival.

How can I get my signature notarized?

A Notary Public must notarize your signature on the application form. The Planning & Zoning Office has notaries on staff. If you wish to utilize our notaries, do not sign your papers beforehand. The Notary Public must witness you signing your name.

What do I need to bring with me in order to submit an application for a zoning action?

Bring your completed application form as well as the following:

A copy of the most recent recorded warranty deed; and
The complete legal description of the property typed on a separate sheet of paper or if the request cannot be easily described, a certified survey of the property for which application is made; and Please Note: An error in the legal description will result in your request being delayed at your expense.
Fee payable by cash, check (made payable to the Brevard County Board of County Commissioners), or by credit card . Planning & Zoning Office staff is glad to calculate your fee prior to submitting your application.
Additionally, if you are filing an application for a Conditional Use Permit (CUP), the CUP worksheet must also be submitted accompanied by either a sealed site plan or dimensioned sketch plan. Prior to submitting your application, check with Planning & Zoning Office staff to find out which type of plan you are required to submit.
Applications for Conditional Use Permits for Towers & Antennas have additional technical submittal requirements. Please request a separate handout if you are planning to make such an application. Incomplete applications cannot be accepted.

What occurs at the public hearing?

A zoning action requires two (2) advertised public hearings. The first is held by the Planning & Zoning Board, which is an advisory body appointed by the Board of County Commissioners. In some cases, the request is heard by the Port St. John or North Merritt Island Dependent Special Districts, in lieu of the Planning & Zoning Board. You are given an opportunity to present your request to them. You may wish to use experts to establish substantial competent evidence. Other interested parties attending the meeting are also given an opportunity to speak regarding your application. The Planning & Zoning Board makes a recommendation (for approval or denial) to the Board of County Commissioners. The second public hearing is conducted by the Board of County Commissioners, approximately three to four weeks after the Planning & Zoning Board meeting. Once again, you are asked to present your request to the Board, and interested parties are invited to comment. The BOCC will make a final decision regarding your application (approval or denial) at the conclusion of the public hearing. If you are dissatisfied with the decision of the Board of County Commissioners, you may appeal this decision to the Courts within thirty (30) days of the Board of County Commissioners’ action.

How long does the public hearing process take?

It takes approximately 12 weeks from the application deadline date for the full public hearing process to be completed. Conditional Use Permits for Towers & Antennas will generally take an additional month, due to the need to have a Consultant conduct a technical review of the application.

Zoning Variance Questions

Why would a public hearing for a variance be needed?

A public hearing is needed in order to request a waiver (referred to as a “variance”) from selected requirements of Brevard County’s Land Development Regulations.

Does the Board of County Commissioners conduct this type of public hearing?

No, the Board of Adjustment (BOA) is empowered by Brevard County Code to hear requests for variances. Unlike public hearings for zoning actions, only one public hearing is required for a variance application.

If I need my property to be rezoned in addition to needing a variance, which Board hears my application?

The rezoning request must be heard by the Planning & Zoning Board and the Board of County Commissioners. The public hearing for the variance application is conducted by the Board of Adjustment.

Can I apply for a variance from any requirement of Brevard County’s Land Development Regulations?

No, the Board of Adjustment is only authorized to take action on certain types of requests. Typical requests include variances from setback, lot size, and fence height requirements as well as variances from signage regulations. The Board of Adjustment does not have authority to waive requirements governing access to lots via easements or flag stems; Comprehensive Plan requirements; matters pertaining to concurrency requirements; impact fees; subdivisions & plats; site plans; environmental protection; flood protection; coastal setbacks and control lines; landscaping; tree protection; land clearing and land alteration; or adult entertainment regulations. Additionally, the Board of Adjustment cannot grant a variance which would result in a change of land use that is not permitted by the zoning classification of the property.

Do I need an attorney to apply for a variance?

No, but you may hire one if you choose. Public hearings are quasi-judicial proceedings, whereby the Board of Adjustment’s decision is based upon substantial competent evidence from professionally qualified witnesses (such as engineers, land planners, surveyors, etc.) presented at the hearings

When can I apply for a variance?

Applications are accepted every business day at the Planning & Development Office (P&D) until 4:00 p.m. Deadline dates are posted in P&D for each scheduled meeting. Applications can be obtained at the P&D Office or from the P&D web page.

Do I need an appointment to submit an application?

How often are these meetings held?

Board of Adjustment meetings are held monthly, typically on the third Wednesday of the month, at 1:30 p.m. in the Commission Chamber of the Government Center in Viera.

What do I need to do in order to make application for a variance?

You must submit your application in person at the Planning & Zoning Office. After completing the application form and assembling the necessary paperwork (see Item 11 below), call (321) 633-2070 to schedule an appointment to submit your variance application. Having an appointment is the best means of ensuring that a planner is available to assist you upon your arrival.

How can I get my signature notarized?

A Notary Public must notarize your signature on the application form. The Planning & Zoning Office has notaries on staff. If you wish to utilize our notaries, do not sign your papers beforehand because the Notary Public must witness your signature.

What do I need to bring in order to submit an application for a variance?

Bring your completed application form as well as the following:

A copy of the most recent recorded warranty deed; and
The complete legal description of the property typed on a separate sheet of paper if the warranty deed reflects property other than that for which the variance is being requested; and
A current certified survey showing all existing structures and all proposed structures, if the application involves setback requests; and
Notarized statement(s) (Form A) from all property owners listed on the warranty deed authorizing you to act on their behalf; and
Variance hardship worksheet (see Item 12 below); and
Fee payable by cash or check (made payable to the Brevard County Board of County Commissioners) or credit card. Fees are charged on a per variance basis. Planning & Zoning Office staff is glad to calculate your fee prior to submitting your application.

Incomplete submittals cannot be accepted.

What is a variance hardship worksheet?

In order for the Board of Adjustment to approve a variance, a number of pre-requisites must be met. The variance hardship worksheet outlines each of the pre-requisites and provides the applicant with the opportunity to explain how these pre-requisites have been met. In general, a variance may be granted when:

it will not be contrary to public interest; and
special conditions preclude the property from meeting the requirements of the Code (personal medical and economic reasons, unless reasonable use of the land cannot otherwise be achieved, do not qualify as a basis for establishing undue hardship). More specifically, the Board of Adjustment must find that all of the following factors apply:
Special conditions/circumstances exist which are not applicable to other properties/improvements in the applicable zoning classification; and
Said special conditions/circumstances do not result from the actions of the applicant; and
Granting the variance will not bestow a special privilege on the applicant that is denied to other properties/improvements in the identical zoning classification; and
Literal interpretation of the Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification, resulting in undue hardship; and
The variance granted is the minimum variance that will make possible the reasonable use of the property/improvement; and
The granting of the variance will be in harmony with the general intent and purpose of the Code and will not be injurious to the area or otherwise detrimental to public welfare.

What occurs at the public hearing?

You are given an opportunity to present your request to the Board of Adjustment. You may wish to use experts to establish substantial competent evidence. Other interested parties attending the meeting are also given an opportunity to speak regarding your application. The Board of Adjustment will make a final decision regarding your application (approval, approval with conditions, or denial) at the conclusion of the public hearing. If you are dissatisfied with their decision, you may appeal the decision to the Courts within thirty (30) days after the date the order is signed.

How long does the public hearing process take?

It takes approximately six weeks from the application deadline date for the public hearing to be held. The variance process only entails one public hearing.