How does a zoning variance work in Brevard County, Florida?

A variance is a waiver from the zoning code granted for a hardship that special conditions of the property created. In unincorporated Brevard County the Board of Adjustment decides it after a public hearing. Cities such as Melbourne run their own process.

Most Space Coast owners never think about a variance until a pool, an addition or a fence runs into a setback line. By then the contractor has a quote and the buyer or seller has a closing date, so it helps to know how the process works before it becomes a problem.

This guide explains who decides variances in Brevard County, Florida, what the county asks you to submit, how Melbourne handles the same request, and what a buyer should look for when a home on the Space Coast has additions close to the lot line.

What is a variance in Brevard County?

Brevard County describes a variance as a waiver from the Zoning Code or Sign Code due to a hardship resulting from special conditions that are not the result of the applicant's actions. That wording comes from the county's zoning variance process page. In plain terms, you cannot ask for relief from a setback because you would like a bigger house. The condition has to come from the property, not from the plan you drew.

Who decides a variance in unincorporated Brevard County?

The Board of Adjustment. Planning staff prepares a report, the Board members make the final decision, and the applicant must appear before the Board. The county page says the application will include a public hearing. It also describes a thirty-day appeal window after the Board decides, whether the request is approved or denied, before building permits are approved.

I could not confirm a Board meeting schedule or the exact notice rules for Brevard from county pages, so call Planning and Zoning at (321) 633-2070 for dates on a specific request.

What does the county ask you to submit?

The county lists these items for a variance application:

  • The application for zoning action, comprehensive plan amendment or variance.
  • Recorded property deeds and a legal description.
  • A variance hardship worksheet.
  • A certified survey described as a plot plan showing the proposed work, signed and sealed by a Florida land surveyor.
  • Written owner authorization if the applicant is not the owner.

The county page lists a $598 fee for a variance or appeal and $182 for each additional variance on the same property and application, and notes that fees for individual projects may vary. Confirm current fees with the county before you apply.

How does the City of Melbourne handle variances?

Incorporated cities run their own hearings. Melbourne's Zoning Board of Adjustment authorizes variances from the Zoning Code in specific cases and also hears appeals. The city's variance instructions require a boundary survey and a scale drawing of the request, and say the Board meets the last Monday of each month. The city applies six written criteria:

Melbourne criterion
Special conditions peculiar to the land, structure or building
Strict application would deprive the owner of rights commonly held and cause undue hardship
The conditions are not self-created
No special privilege is conferred
The variance is the minimum needed
It fits the intent of the ordinance and does not harm the neighborhood or public welfare

The city's zoning FAQ says it posts signs on the property and mails notices to adjacent owners, and that variances go to a public hearing at City Hall. The FAQ also notes that a fence height change needs a variance. Do not assume Brevard County uses Melbourne's six criteria. They are the city's, not the county's.

What should Space Coast buyers and sellers check?

Setbacks vary by zoning district, so the first step is the property's zoning. Brevard County points residents to its GIS zoning and future land use map, and Melbourne's FAQ says a zoning confirmation letter is available for a fee. The City of Melbourne's FAQ also says that to accurately determine where a property line is, the land needs to be surveyed.

  • Compare the survey with the structures on the lot, including pools, screen rooms, sheds and additions.
  • Search the permit history for those structures on the county or city site.
  • If a seller is planning an addition, ask whether a variance is needed before the contract, not after.

FAQ

How long does a variance take in Brevard County?

The county page does not state a timeline, but it does describe a public hearing and a thirty-day appeal window after the decision. Ask Planning and Zoning for the current schedule.

Do I need a survey to apply for a variance?

Yes. Brevard County asks for a signed and sealed plot plan from a Florida land surveyor, and Melbourne asks for a boundary survey.

Is a variance the same as a rezoning?

No. A variance is an exception for one property under its current zoning. A rezoning changes the zoning district itself.

My partner Nichole and I got your back. Reach out anytime at (321) 212-7676 or www.livingspacecoast.com.