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Planning and Development

Brevard County Planning & Development Frequently Asked Questions

Building Code FAQs


• How Do I check my property is within unincorporated Brevard County?
Link to property appraiser web page http://brevardpropertyappraiser.com/ Open “Property Research” and find property. Click on number in Millage Code field, drop down will appear indicating the jurisdiction

• How do I check zoning regulations and setbacks for my property?
Brevard County Zoning
2725 Judge Fran Jamieson Way,
Building A, Room A114
Melbourne, FL 32940
(321) 633-2070

• How do I check if my property has legal access?
Brevard County Zoning
2725 Judge Fran Jamieson Way,
Building A, Room A114
Melbourne, FL 32940
(321) 633-2070

• How do I find flood zone information for my property?
Click here for Public Works – Flood Zone Information

• How do I check the availability of sewer and water to my property?
Click here for Utility Services - Contact Information

• How do I obtain an address for my property?
Click here for E911 Address Assignment

• How do I check the Design Wind Speed for my property?
Click here for Building Code Wind Speed

• How do I verify a contractor is on file with Brevard County?
Click here for Licensing and Regulation - Licensed Contractor Search

• How do I access the Florida Building Code?
Click here to view Florida Building code to www.floridabuilding.org

• How do I find impact fee information?
Click here to view the Impact Fee web page



Code Enforcement FAQs


• Will Code Enforcement drive through my neighborhood and address all of the code violations they see at all of the properties?
Brevard County Board of County Commissioners has directed Code Enforcement to respond only to citizen complaints at specific addresses/locations except for issues of health and safety.

• May overnight guests stay in my recreational vehicle on my property? May people live in a recreational vehicle on my property? May I store my recreational vehicle on vacant property?
No. Recreational vehicles and recreational equipment may be parked, located, or stored at developed single-family or multiple-family residential properties (not on vacant properties). They cannot be used for residential purposes.

• How many garage sales may I have in a year?
A garage sale shall not be carried on for more than a 48-hour period, and no more than two such sales shall be permitted within a 12-month period from any property.

• I received a Notice of Violation/Notice of Hearing, what do I do now?
Contact the Code Enforcement office at (321) 633-2086 to speak to the officer assigned to your case.

• What is the status of the complaint I filed?
Please call our office for status of your complaint (321) 633-2086.

• Do I need a permit?
Contact Brevard County Building Department for permit requirements.

• Who should be contacted if a septic tank is overflowing?
Contact the State of Florida Division of Environmental Health immediately at (321) 633-2100.

• What is the zoning classification for my property and what is allowed?
Contact the Zoning office at (321) 633-2070.

• I have mold in my home and my landlord will not do anything about it, who can help?
For landlord/tenant disputes contact: Florida Department of Business and Professional Regulation 
For mold issues refer to: Florida Department of Agriculture and Consumer Services Resource Guide

• Is my property located in the city or in unincorporated Brevard County?
Click Property Appraiser to view the web page. Open “Property Research” and find property. Click on number in "Millage Code" field, drop-down will appear indicating the jurisdiction. 




Impact Fees FAQs

What is the criteria to be eligible for the Transportation Impact Fee Moratorium?

Do I still have to pay impact fees if I’m building in one of the cities?

What different types of impact fees are collected in Brevard County?

Do I have to pay impact fees if I am replacing an existing residence?

Do I have to pay any impact fees for an addition or remodel of my existing residence?

When are the impact fees paid?

Where can I pay my impact fees?

What hours are payments accepted?

What forms of payment are accepted?

Which credit cards do you accept?

Is there an additional fee to use the accepted credit cards?

Why did the Commission vote to suspend transportation impact fees?

How long will the suspension of transportation impact fees last?

What if I received a building permit before the Board adopted the emergency ordinance but have not yet received a CO or temporary CO for my project? Do I have to pay the transportation impact fee?

What types of construction projects qualify for the suspension?

What if I have already paid my transportation impact fee? Can I receive a refund?


• What is the criteria to be eligible for the Transportation Impact Fee Moratorium?
The Building permit must be issued prior to December 31, 2014.
A Certificate of Occupancy must be issued prior to December 31, 2015.
For projects over 20,000 gsf, the County Manager may extend the date by which a Certificate of Occupancy must be issued until December 31, 2016.

• Do I still have to pay impact fees if I’m building in one of the cities?
Yes, Brevard County collects impact fees for all 16 municipalities within the county. The fees collected for each municipality varies depending on their inter local agreement with Brevard County. Please see the links below for the applicable fee schedule.

• What different types of impact fees are collected in Brevard County?
Transportation, Correctional Facilities, EMS, Fire Rescue, Library Facilities, Educational Facilities, and Solid Waste. Please be advised the individual cities may collect additional types of impact fees.

• Do I have to pay impact fees if I am replacing an existing residence?
If you are replacing a residence of similar type (single family residence to a new single family residence or a mobile home to a new mobile home) and the home has been occupied within the past 5 years, you will be exempt from additional residential impact fees. However, if the home has been vacant 5 years or more, you will be required to pay educational impact fees per the Educational Impact Fee Ordinance 04-34.

• Do I have to pay any impact fees for an addition or remodel of my existing residence?
No. Additions, remodels, and/or alterations of an existing dwelling do not require payment of additional impact fees.

• When are the impact fees paid?
The impact fee for new development located in the unincorporated area of the County are due prior to pre-power and before the certificate of occupancy is issued.
If your development is located in one of the incorporated areas of the County, please verify with that City as to when the impact fee payment is required. While most cities require payment of impact fees prior to the issuance of the Certificate of Occupancy, there are some that require payment prior to the issuance of the building permit.

• Where can I pay my impact fees?
2725 Judge Fran Jamieson Way, Building A, Central Cashier’s Office, Viera, FL 32940

• What hours are payments accepted?
Hours: 8:00 am – 4:50 pm Monday through Friday

• What forms of payment are accepted?
Company checks, Personal checks (must provide photo ID), Cash, Money Orders, Cashier checks, and Credit Cards.

• Which credit cards do you accept?
Master Card, American Express, and Discover. We do not accept VISA credit cards or VISA debit cards.

• Is there an additional fee to use the accepted credit cards?
Yes, all credit/debit card transactions are provided as a service through Point And Pay, Inc. Point & Pay charges a convenience/processing fee to utilize their service based on the fee total which is included in the total credit/debit card payment amount. Please refer to the fee structure on the Applications and Fees page.

• Why did the Commission vote to suspend transportation impact fees?
On March 5, 2009, the Board of County Commissioners passed an emergency ordinance temporarily suspending transportation impact fees in the hope that it might provide an incentive that would increase commercial and/or residential construction activity. The Board intends for the temporary waiver to remove a financial impediment that should result in the initiation of new construction projects and the completion of construction projects now underway, in order to preserve and promote employment in the real estate development industry that has been seriously impacted as a result of the recession that currently grips the nation.

• How long will the suspension of transportation impact fees last?
Projects have until December 31, 2014, to receive a building permit and until December 31, 2015 to receive a certificate of occupancy (CO) or temporary CO. The County Manager will have the ability to extend the December 31, 2015 deadline for receipt of a CO or a temporary CO for up to 12 months if the project exceeds 20,000 square feet in size.

• What if I received a building permit before the Board adopted the emergency ordinance but have not yet received a CO or temporary CO for my project? Do I have to pay the transportation impact fee?
If a project received a building permit but did not receive a CO or temporary CO prior to March 1, 2009, the project will not be required to pay a transportation impact if the CO or temporary CO is issued prior to December 31, 2015.

• What types of construction projects qualify for the suspension?
Any new residential or commercial construction that receives a building permit by December 31, 2014, and a CO or temporary CO by December 31, 2015, will qualify for the suspension and will not be required to pay a transportation impact fee.

• What if I have already paid my transportation impact fee? Can I receive a refund?
If you were required to pay transportation impact fees prior to submitting your application for a building permit, have now received a building permit but had not been issued a CO or temporary CO before March 1, 2009, you are entitled to receive a refund if you complete your project and receive a CO or temporary CO by December 31, 2015. If you were required to pay transportation impact fees when you were issued a certificate of completion for a commercial shell building but have not been issued a CO or temporary CO for all or a portion of the project, you are entitled to receive a refund for that portion of the commercial building shell for which no CO or temporary CO has been issued by March 1, 2009 provided that a CO or temporary CO is issued on or before December 31, 2015. To receive a refund, contact the Planning & Development Department when the CO or temporary CO is issued for your project.



Zoning FAQs


• 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 PZO 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 & 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 BCC 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 FAQs


• 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 & 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 PZO 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 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
  • Please Note: An error in the legal description will result in your request being delayed at your expense.
  • 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 of the Board’s action.

• 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.



Planning & Development Department

Viera Government Center
2725 Judge Fran Jamieson Way
Building A
Viera, FL 32940

Office Hours:
Monday - Friday 8:00 am - 5:00 pm


Email Brevard Planning & Development Director Email Robin Sobrino, Director
Brevard County Planning and Development Meetings Calendar Meetings Calendar
Driving Directions
Frequently Asked Questions Frequently Asked Questions
Building Code
Office: (321) 633-2072
Inspection: (321) 633-2187
Fax: (321) 633-2087

Code Enforcement
Office: (321) 633-2086
Fax: (321) 633-2167
Email: code.enf@brevardcounty.us

Contractor Licensing
Suite A-105
Office: (321) 633-2058
Fax: (321) 690-6878
Email: contractorlicensing@brevardcounty.us


Impact Fees/Central Cashier
Office: (321) 633-2068
Option 1 - Residential
Option 2 - Commercial
Fax: (321) 633-2052 Commercial
Fax: (321) 690-6860 Residential
Email: impactfees@brevardcounty.us


Land Development
Site Plans & Subdivisions
Office: (321) 633-2065
Fax: (321) 633-2087

Zoning
Office: (321) 633-2070
Fax: (321) 633-2152
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Board of County Commissioners
2725 Judge Fran Jamieson Way  Viera, FL 32940
Tel: (321) 633-2000
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