Zoning FAQs

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zoning map close up on the computer 

Zoning provides the standards and regulations that apply to land and structures in the City of Melbourne. These standards and regulations help implement the City's Comprehensive Plan which contains goals, policies and recommendations of how long-term development in the city is to be achieved. The City of Melbourne has numerous zoning districts. Each one has a list of permitted uses and standards for building setbacks, densities, and heights. Some have specific design guidelines. Please refer to the Zoning Code for details on each classification.

The following is a list of frequently asked questions about Zoning. For more information, please call the Planner of the Day: (321) 608-7500.

1.    How can I verify the land use and/or zoning of my property?
Zoning and Land Use information can be found by using the city's online mapping information system.
The most direct way to find information on a particular property is to search by the address of the property or by the seven-digit tax account number (TA #). For land use questions please contact the Community Development Department: (321) 608-7500.

2.    I received a Notice of Public Hearing in the mail. What does this mean?
A courtesy notice is sent to property owners within a 500-foot radius of a property that has been applied to be annexed, rezoned, comprehensive plan amendment, conditional use permit, and/or Parking Lot in a Residential District. A summary description of the proposed application can be found within the body of the notification. A public hearing date for the proposed change is included in your notification. You are invited to attend the hearing to oppose or support the proposed change. Your attendance is optional, but this is the most effective way to voice your opposition or support to the hearing body. Once filed, all application information is public record and may be viewed or copied by any member of the public subject to public records laws.

3.    What can I do in my zoning district?
Copies of all permitted and permissible uses by conditional use permit are available at the Community Development Department for customer use. The zoning is available in Tables 1a and 1b in the Zoning Code.

4.    Where can I find information on the setbacks, maximum lot coverage, minimum roadway frontage, height or density allowed on my property?
These development criteria depend on the zoning district. The zoning district can be found by following the steps outlined above in Question 1. The Development Standards are located in Tables 2a and 2b in the Zoning Code.

5.    Where can I find a copy of the Zoning Code?
The Melbourne Zoning Code is located in Part III, Appendix B of the City of Melbourne Code of Ordinances.

6.    I am considering rezoning, or changing the use of my property. What do I need to do?
Prior to filling out and submitting forms it is recommended that you consult with Planning staff and schedule a pre-application meeting.

7.    Where can I find applications online? Can they also be downloaded and turned in online?
All applications are in PDF form and are available for download on the Developing in the City of Melbourne page. At the present time, all Applications must be turned in by hand:
City Hall, Room 316
900 East Strawbridge Avenue
Melbourne, FL 32901

8.    I need a letter that confirms the Zoning on my Property. What do I need to do?
If written documentation of zoning classification is required for a lender, real estate transaction or similar purpose a Zoning Confirmation Letter may be requested from the Zoning Technician for a fee of $36.

9.    What is the process for Rezoning, Administrative Waiver, Conditional Use and Variances?

  • Rezoning (change of zoning district) applications for both conventional zoning districts and Planned Unit Developments are held in a series of Public Hearings before the Planning and Zoning Board and City Council at City Hall. Applications need to be turned in and all fees paid by the deadline so that it can be scheduled to be heard for Public Hearing. During this time, the city will be required to post signs of the proposed change on the subject property and notifications will be mailed to owners of property within 500 feet of the subject property.
  • Administrative Waiver requests are held in a Public Hearing before the Administrative Waiver Board at City Hall. Applications need to be turned in and all fees paid by deadline so that it can be scheduled to be heard for Public Hearing.
  • Conditional Use Permits are held in a series of Public Hearings before the Planning and Zoning Board and City Council at City Hall. Applications need to be turned in and all fees paid by the deadline so that it can be scheduled to be heard for Public Hearing. During this time, the city will be required to post signs of the proposed change on the subject property and notifications will be mailed to owners of property within 500 feet of the subject property.
  • Variances are held are held in a Public Hearings before the Zoning Board of Adjustment at City Hall. Applications need to be turned in and all fees paid by the deadline so that it can be scheduled to be heard for Public Hearing. During this time, the city will be required to post signs of the proposed change on the subject property and notifications will be mailed to owners of property adjacent to the subject property.

10.    How can I find a copy of an Ordinance or find out about recent zoning changes in my neighborhood?
You can request recently enacted and proposed ordinances including rezonings, land use amendments, waivers, text amendments to the Comprehensive Plan, planned unit developments (PUDs), or other ordinances and special use districts such as a zoning overlay by calling (321) 608-7500 or e-mailing community.development@mlbfl.org.

11.    There is an upcoming Public Hearing for my Administrative Waiver application. Where can I access a copy of my Staff Report?
Staff Reports for the upcoming Administrative Waiver hearing are available in PDF format. Please contact the Community Development Department: (321) 608-7500 or community.development@mlbfl.org.

12.    May I have a home-based business?
Home-based businesses are termed "home occupations" in the Zoning Code. Home occupations meeting certain criteria are permitted in any residential district. Home occupations do not allow outside employees, exterior signage, stockpiling of materials, the emission of odor, dust, gas, noise, vibration, smoke, heat, or glare beyond the boundary of the lot, mechanical equipment not normally used for domestic purposes, the use of more than 25% of the total area under roof for the business, or off-site parking incidental to the home occupation. Businesses specifically prohibited as home occupations are barber shops/salons, commercial stables/veterinary offices, dog grooming, massage parlors and restaurants. For full text on home occupations, please refer to Appendix B, Article VII, Section 2 of the Zoning Code.
 
13.    May I operate a daycare for children in my home?
Yes, with certain conditions. In the Zoning Code, this use is classified as a family day care home, depending on the age, relation and number of children being supervised.

Family day care homes are defined as “an occupied residence in which properly licensed child care is regularly provided for children from more than one unrelated family and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit.” This use is permitted per Tables 1a and 1b in the Zoning Code with the following use standards:

1.) Family day care homes are allowed as noted on Tables 1A and 1 B, subject to the following: Per F.S. § 402.302, a family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

(a) A maximum of four children from birth to 12 months of age.

(b) A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.

(c.) A maximum of six preschool children if all are older than 12 months of age.

(d) A maximum of ten children if no more than five are preschool age and, of those five, no more than two are under 12 months of age.

2.) A family day care home shall be a permitted use in all residential and agricultural zoned districts pursuant to F.S. § 125.0109. "Care center/day care center" means “any child care center or child care arrangement that provides care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The term includes day care centers, nursery schools and kindergartens, when not accessory to an elementary school, but does not include the following:

(a)     Public schools and nonpublic schools which are in compliance with the compulsory school attendance law of the State of Florida.

(b)    Summer camps having children in full-time residence.

(c)    Summer day camps.

(d)    Bible schools normally conducted during vacation periods.”

This use is permitted per Tables 1a and 1b in the Zoning Code.

14.     Where can I build a fence on my residential property?
The Zoning Code allows you to build a fence on your property line or any other place on your property depending on your zoning district. This does not assume that the sidewalk or curb is where your property line starts. To accurately determine where your property line is, the land needs to be surveyed. The maximum height of a fence is 4-feet within the front yard setback and 50% opaque. Beyond that point, towards the rear of your property, the height of the fence can be up to 6-feet and 100% opaque. If you wish to vary any of these height requirements, you must apply for a variance. There is an exception for lots on a corner. A visibility triangle for traffic safety purposes must be maintained. Please refer to Appendix D, Chapter 9, Article III for full text on fences.

16.    Can I put a mobile home on my property?
The Planner of the Day would need to determine your property's zoning in order to confirm whether mobile homes are permitted.

17.    Can I have a storage shed or garage that is not attached to my house on my property?
Yes, with certain conditions. The Zoning Code defines these types of buildings or structures as accessory structures. In most residentially zoned districts, accessory structures can be located in the rear or side yard of your property as close as 10 feet to the rear and 5 feet for side property lines. These structures may have a maximum height of 12 feet. The structure must also be 5 feet away from the house to be considered "accessory." The maximum size of the accessory structure is 300 square feet; detached garages may not exceed 600 square feet. Keep in mind, this structure will count toward your maximum lot coverage. Lot coverage is the percentage of your property covered with buildings or structures (second story square footage is not included in lot coverage).

18.    Can I split (subdivide) my land?
Whether or not a property is eligible for subdivision requires the analysis of several factors, including the zoning district, road frontage and access, total acreage, as well as a number of other items. The Planner of the Day would be happy to provide you with more information on the subdivision process. Please call (321) 608-7500 to obtain additional information.

20.    Is a garage apartment allowed?
This may be a permitted accessory use depending on the zoning district you are in and whether or not it contains a kitchen. Call Planner of the Day for the specific regulation for your zoning classification.

21.    Where can I park my boat or RV?
Usually, in residential zoning districts, boats, RV's and utility trailers are required to be parked behind or beside your house. They must meet the front yard setback for the zoning district of that particular property and some locations may require a 6-foot-tall opaque fence. For specific regulations contact the Planner of the Day: (321) 608-7500.

22.    Does my pool or other accessory structure have to meet the same setbacks as my house?
Generally, no. The setbacks for pools or other accessory structures are usually less than the required setbacks for your house as long as they are built at least 5 feet away from the house. However, these accessory structures can only be located in rear or side yards, not in the required front yard area. Please refer to Appendix B, Article 7 for more information.

23.    I live on waterfront property. Can I build a dock and/or boathouse?
Docks and boathouses are permitted on waterfront property, provided there is a house on the lot. Docks must be constructed no closer than the zoning district's minimum side yard setbacks. Boathouses are not permitted. Building permits are required and, in most instances, permits will be required from the Florida Department of Environmental Protection and/or the U.S. Army Corp of Engineers. See Standards for specific accessory uses and structures for more information.

24.    How do I register a complaint about a troublesome neighbor or nuisance property in my neighborhood?
Property complaints and issues are placed through the City of Melbourne's Code Enforcement Division: (321) 608-7905.

Need Help?

  • Call the Planner of the Day: (321) 608-7500
  • Stop by the Planning office on the 3rd floor of City Hall