Zoning Applications Requiring Public Hearing FAQ

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).

1. 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.

2. 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.

3. When can I apply for a zoning action?

Applications are accepted everyday 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.

4. 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.

5. 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.

6. 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 (see Item 9 below), call 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.

7. 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.

8. 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
• Fee payable by cash or check (made payable to the Brevard County Board of County Commissioners), or by credit card after 10/1/2000. 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.
9. What occurs at the public hearing?

A zoning action requires two (2) advertised public hearings. The first is held by the Planning and 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 Board or North Merritt Island Dependent Special Districts, in lieu of the Planning and 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 and 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 and Zoning Board meeting. Once again, you are asked to present your request to the Board, and interested parties are invited to comment. The Board of County Commissioners 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.

10. 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.

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