Rezoning Application
Application requires review by county staff and will include a minimum of two public hearings. Prior to submitting an application, please call 321-633-2070 or email Zoning@BrevardFL.gov to schedule a consultation, if needed. Review the GIS Zoning & FLU Interactive Map to determine a property’s official zoning classification.
Applicants can apply online, monitor application progress, and pay fees through the Development Applications Public Portal.
All information is intended as a guide and may not cover every situation. Additional information may be required dependent on individual project circumstances.
Application Description
A rezoning application is required for owners who want to change their property's zoning classification.
| Document | Notes |
|---|---|
| Application for Zoning Action, Comprehensive Plan Amendment, or Variance | No notes applicable to the application |
| Property Deed(s) | Must be recorded with the Brevard County Clerk of Courts |
| Legal Description of all properties | Can be described on the Property Deed or submitted on a separate document |
| Certified Survey signed and sealed by a Florida Land Surveyor | Or Brevard County Property Appraiser map reflecting the boundaries of the property |
| Written authorization signed by all owners of the property | Required if the applicant is other than the owners |
| Wetland Survey | Required if requesting commercial or industrial rezoning |
We are encouraging all customers to submit documents in digital format. For applications submitted on the online public portal, all documents can be uploaded directly to the application. For Walk-in applications documents may be submitted on a compact disc or flash/thumb drive.
Fees
The fees listed herein are intended to assist in estimating total application fees. Fees for individual projects may vary dependent on circumstances. Application fees are determined by the proposed rezoning classification. Acres are rounded to the nearest whole number.
| Type | Amount |
|---|---|
| Application Processing Fee | $25 due at application submittal |
| Natural Resources Review (if applicable) | $300 |
| Environmental Area | $511 |
| Residential Professional | $960 |
| General Use, Agriculture Use, Single Family Residential, or Mobile Home | $849 + $24 per acre over 5 |
| General Use, Agriculture Use, Single Family Residential, or Mobile Home - 1 more lot potential | $288 |
| Commercial / Planned Commercial | $1,184 + $24 per acre |
| Commercial or Planned Commercial less than .5 acres | $1,184 |
| Tourist Commercial, Industrial, or Planned Industrial | $1,855 + $45 per acre |
| Tourist Commercial, Industrial, or Planned Industrial Less than .5 acres | $1,855 |
| Single Family Attached Residential orMultiple Family Residential | $960 + $24 per unit |
| Recreational Vehicle Park, Mobile Home Park, or Mobile Home Co-op | $1,408 + $24 per acre |
| Recreational Vehicle Park, Mobile Home Park, or Mobile Home Co-op less than .5 acres | $1,408 |
| All Other Unlisted Zoning Applications | $849 |
| Special Hearing Planning & Zoning Board / Local Planning Agency | $3692 |
Application Review Process
- The application is reviewed by staff to ensure compliance with the Code
- The applicant may be requested to submit additional information or revise the proposal
- A staff report is sent to the Planning & Zoning / Local Planning Agency Board Members
- The Planning & Zoning / Local Planning Agency makes a recommendation to the Board of County Commissioners
- The Board of County Commissioners makes the final decision
- The applicant is required to appear before the Boards
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.