Brevard County Planning and Development Rezoning Process
Applications for rezoning are accepted by appointment. If you wish to submit an application, please call (321) 633-2070 to schedule an appointment. In order to allow adequate time to review and discuss your submittal with you, applications are not accepted after 4:00 P.M. Please check with Planning and Development for further details prior to preparing an application package.
Planning and Development is located at:
Brevard County Government Center, Building A,-114
2725 Judge Fran Jamieson Way
Viera Florida, 32940
How to Determine the zoning of property:
A property’s official zoning classification can be obtained from GIS Zoning & FLU Interactive Map. If needed, a letter confirming the zoning classification of a property may be obtained from Planning and Development for a fee. The property’s tax parcel identification number or address must be provided to determine the zoning classification. The tax parcel identification number can be obtained from the Brevard County Property Appraiser’s Office.
What is a rezoning?
Zoning regulations are the rules that determine how parcels of land may be used or developed. When owners want to use or develop property in a manner that does not conform to the current zoning regulations, they must apply for a change of zoning or what is commonly described as a rezoning.
The applicant should demonstrate that the proposed rezoning is consistent with the Brevard County Comprehensive Plan. Zoning applications are approved via a public hearing process which requires attendance at two pubic hearings. The first public hearing is in front of the Planning & Zoning Board or the Local Planning Agency which serve as the recommending bodies to the Board of County Commissioners. The second public hearing is in front of the Board of County Commissioners. Some applications may require a future land use (FLU) amendment, which can be processed in conjunction with a rezoning request.
The applicant should first review the County’s Comprehensive Plan and Zoning Code to determine whether the proposal meets all of the County’s requirements and is consistent with trends of existing development. Prior to submitting an application for rezoning, the applicant is urged to prepare a preliminary development proposal to discuss with staff. Pre-Application meetings are also available for site plans and subdivisions and can be scheduled with Land Development by calling 633-2070.
Once a proposal has been prepared, a completed rezoning application package including the applicable fees is submitted. The applicant may also be required to concurrently submit an application for a future land use (FLU) amendment. Where a rezoning is perceived to generate an impact on the surrounding neighborhood or community, the applicant is further urged to hold an information meeting or open house to inform the affected public of the proposal.
A rezoning application must be signed by the property owner(s) or a notarized letter of authorization must be provided (also known as an Authorization to Act form).
A Conditional Use Permit is processed in the same way that a regular rezoning request is processed. However a Conditional Use Permit Worksheet is required, as well as other documents to demonstrate that the Conditions of the particular CUP requested are met. For instance an interior floor plan, survey, site plan or parking plan may be required to accompany your application.
The application is reviewed by staff to ensure the proposed development or range of allowable development complies with the County’s development policies. The applicant may be requested to submit additional information or revise the proposal as a result of staff review. Following distribution and review of a proposed rezoning application, a staff report is sent to the applicant and the Planning & Zoning or Local Planning Agency Board Members. The report can identify a preliminary list of technical requirements for the development to proceed, which may include infrastructure improvements, issuance of applicable permits, etc.
Planning and Zoning Board / Local Planning Agency Public Hearing
The County’s Planning and Zoning Board/Local Planning Agency (P&Z/LPA) consists of volunteer, unpaid members appointed by the Board of County Commissioners (BOCC) to advise on planning, zoning and land development matters.
No later than 15 days prior to the P&Z/LPA public hearing, a sign for the purposes of notifying the public is physically posted on the subject property by the applicant detailing the applicant’s request. Approximately 10 days in advance of the hearing, a courtesy notice is sent to all property owners within 500 feet of the property under consideration of the request, and a legal ad explaining the same is published in the Florida Today Newspaper.
Any affected party may submit comments or testify at the public hearing. The applicant is required to attend the public hearing to present and respond to public concerns regarding the request. After receiving staff’s written comments and input from both the applicant and the affected public on the rezoning application, the P&Z/LPA makes a recommendation to the BOCC. If the P&Z/LPA does not support the application, the applicant may revise the request to respond to the concerns identified during the P&Z/LPA public hearing.
If your application generates public opposition, the applicant should meet with concerned parties in an effort to resolve differences prior to the BOCC taking final action. Controversial items without effort upon the applicant to meet with affected property owners may result in the item being tabled to the next agenda to allow the parties to meet and resolve differences. The BOCC also has the option to table the request to its next agenda.
Board of County Commissioners (BOCC) Public Hearing
After the P&Z board considers the rezoning application, its recommendation is forwarded to the BOCC for decision. The BOCC considers the rezoning application and may deny or approve, the request as presented or based upon recommended changes. Should conditions be imposed in association with the rezoning, they are reflected in a Binding Development Plan. A BDP is a voluntarily agreed upon document that is recorded in the public records. Additional fees for recording are required.
BOCC approval of a zoning application does not vest a project nor ensure issuance of a permit. At the time of permit application, land development regulations and concurrency-related level of service standards must be met.
If the rezoning application is approved by the BOCC, an ordinance effecting the change is executed by the Chairman of the BOCC and forwarded to the Florida Department of State within 10 days from the decision date. The official zoning map is then revised to reflect the newly approved amendment. With the exception of rezoning approved with Binding Development Plans, which requires a two-step BOCC process.
Planned Unit Development (PUD)
In order to accomplish the objectives of this section, the applicant of a PUD may propose, and the County may consider, alternative development standards to any land development regulation in Articles VI or VII of Chapter 62 of the Brevard County Code. Where the PUD is part of a development of regional impact, the applicant may also propose alternative development standards to any land development regulation in Articles II, VIII, IX, or XIII of Chapter 62 of the Brevard County Code, in addition to those in Articles VI or VII. The applicant shall justify the proposed alternative development standard(s) by describing how it promotes a development from facilitating the goals and objectives of Article VI of this chapter and does not violate the purpose of this chapter for the protection of the public health, safety and welfare in the subdivision of land. The applicant shall specifically include the alternative development standard(s) in the preliminary development plan, and shall present its justification to the Planning and Zoning Board and the Board of County Commissioners in public hearing.
How long does the rezoning process take?
A rezoning application generally takes three (3) to six (6) months to process, from start to finish. It should be recognized that the more complex a proposal is, the more time it is likely to require. Controversial items are often tabled if there is a large amount of public opposition in order to allow time for the concerned parties to meet to resolve differences. To assist with the timely processing of a rezoning application, the applicant should provide complete application and supplemental documentation supporting the request.