Current Zoning Code and Proposed New Code

Looking for details about the proposed zoning code changes?

Find documents and links to our current code and proposed new code below.

Here’s a convenient summary of the current code vs proposed changes:

Click to view a PDF of this chart. Note how all residential zoning classifications will now be zoned for Vacation Rentals or Resort Dwellings, which are a commercial use.

What areas of the county does this affect?

Everything in color shown in this map. But the gray areas will still be affected by more traffic, more crime and higher taxes to pay for enforcement.

Map of current Short-term Rental (“Resort Dwelling”) zoning code in Unincorporated Brevard County:

Click to download this map here as a zoomable PDF.

Areas that currently prohibit short-term rentals are shown in RED.

Areas where short-term rentals are allowed with special conditions or a Public Hearing are in yellow and orange.

Areas where short-term rentals are currently allowed are in GREEN.

If this zoning change passes, ALL RED, ORANGE & YELLOW AREAS will now be GREEN.

Go to this article for detailed maps.

Current Brevard County Zoning Code and Proposed New Code Details:

Proposed New Brevard County Zoning Code:

Vacation Rental Proposed Changes 11-23-20

Vacation Rentals:

No limits on frequency or duration of bookings.*
Occupancy = 1 person per 150 gross sq ft* (Example: 2,000 sq ft house = 16 people)

* Mandated by State of Florida § 509.013(4)(a)

Existing Brevard County Zoning Code:

Sec. 62-1102. – Definitions and rules of construction.

Resort dwelling means any single family dwelling or multifamily dwelling unit which is rented for periods of less than 90 days or three calendar months, whichever is less, or which is advertised or held out to the public as a place rented for periods of less than 90 days or three calendar months, whichever is less. For the purposes of this chapter, a resort dwelling is a commercial use. For the purposes of this definition, subleases for less than 90 days are to be considered separate rental periods. This definition does not include month-to-month hold-over leases from a previous lease longer than 90 days.

Sec. 62-1945.2. – Resort dwellings.

Where a resort dwelling is listed as a conditional use in certain residential zoning classifications, it must meet the following qualifying conditions:

Location standards. Resort dwellings shall be restricted to parcels that are:
- a) Located east of State Road AIA but not abutting any single family detached uses or lots zoned for single family detached uses, or
- b) Located on the west side and having direct frontage on State Road A1A, but not abutting any single family detached uses or lots zoned for single family detached uses.
Performance standards. All resort dwellings qualifying under this section shall meet the following performance standards. These performance standards shall be included in the rental agreement and conspicuously posted inside the unit.
- a) For single family resort dwellings, there shall be at least one designated and available off-street parking space for each bedroom in the residence. Occupants shall not park their vehicles on the street.
- b) Maximum occupancy. The number of persons occupying the resort dwelling at any given time shall not exceed the number of rooms in the residence, as established by a submitted floorplan. The maximum occupancy of the structure shall be established by the planning and zoning office at the time of business tax receipt review.
- c) Excessive or late noise. Noise emanating from the resort dwelling shall not disturb the peace and quiet of the vicinity in which the residence is located. Any noise whose measurement exceeds the sound level limits set forth for residential zoning in section 62-2271 or violates the provisions of chapter 46, article IV is considered excessive noise. Additionally, sounds produced from any radio, stereo, television, amplifier, musical instrument, phonograph or similar device shall not be discernable at the property line of the resort dwelling after 10:00 p.m. and before 7:00 a.m.
- d) Local management. Each resort dwelling shall have a designated local manager. The local manager shall be a permanent resident of the county and shall be available 24 hours a day, seven days a week, to address neighborhood complaints. The local manager’s name and telephone number shall be registered with the planning and zoning office and shall be posted on the property in a manner visible from the street.
- e) Manager’s responsibility.The local manager is responsible for assuring compliance with the performance standards in this section. The local manager shall satisfactorily address complaints by concerned residents of violations of the performance standards ((2)a., (2)b., and (2)c.) in this section within one hour of receipt of the complaint.
- f) In addition to the penalties enumerated in chapter 2, article VI, division 2 of this Code, the code enforcement special magistrate may suspend or revoke the resort dwelling’s business tax receipt under the following conditions: If the special magistrate finds a violation or recurring violation of this section, the special magistrate may suspend the resort dwelling’s business tax receipt for a period of not more than 30 days or until the issue is resolved, whichever is later; and if the special magistrate finds a repeat violation of this section or a violation of a suspension order, the special magistrate may revoke the resort dwelling’s business tax receipt. Revoked licenses may not be reissued for a period of one year from the date of revocation. Additionally, the county may enforce this section by any other means provided by law.

Sec. 62-1841.5.5. – Resort dwellings.

Where a resort dwelling is listed as a permitted use with conditions in certain residential zoning classifications, it must meet the following qualifying conditions:

Location standards. Resort dwellings shall be restricted to parcels that are:
- a) Developed with a nonconforming multi-family residential use;
- b) Located within a multifamily tract in a PUD or RPUD, or located in a single family tract if submitted as part of a preliminary development plan application and approved by the board of county commissioners in public hearing.
Performance standards. All resort dwellings qualifying under this section, except where the owner lives on site and holds a homestead exemption, shall meet the following performance standards. These performance standards shall be included in the rental agreement and conspicuously posted inside the unit.
- a) For single family resort dwellings, there shall be at least one designated and available off-street parking space for each bedroom in the residence. Occupants shall not park their vehicles on the street.
- b) Maximum occupancy. The number of persons occupying the resort dwelling at any given time shall not exceed the number of rooms in the residence, as established by a submitted floorplan. The maximum occupancy of the structure shall be established by the planning and zoning office at the time of business tax receipt review.
- c) Excessive or late noise. Noise emanating from the resort dwelling shall not disturb the peace and quiet of the vicinity in which the residence is located. Any noise whose measurement exceeds the sound level limits set forth for residential zoning in section 62-2271 or violates the provisions of chapter 46, article IV is considered excessive noise. Additionally, sounds produced from any radio, stereo, television, amplifier, musical instrument, phonograph or similar device shall not be discernable at the property line of the resort dwelling after 10:00 p.m. and before 7:00 a.m.
- d) Local management. Each resort dwelling shall have a designated local manager. The local manager shall be a permanent resident of the county and shall be available 24 hours a day, seven days a week, to address neighborhood complaints. The local manager’s name and telephone number shall be registered with the planning and zoning office and shall be posted on the property in a manner visible from the street.
- e) Manager’s responsibility. The local manager is responsible for assuring compliance with the performance standards in section 62-1841.5.5(2)e. The local manager shall satisfactorily address complaints by concerned residents of violations of the performance standards ((2)a., (2)b., and (2)c.) in this section within one hour of receipt of the complaint. The resort dwelling’s business tax receipt may be revoked if more than two unresolved complaints are received by the county. An unresolved complaint is a complaint that is filed with the county by an individual residing in the same neighborhood who has previously filed the complaint with the local manager, but the local manager did not resolve the complaint to the satisfaction of the individual within one hour. Revoked licenses may not be reissued for a period of one year form the date of revocation.
- f) In addition to the penalties enumerated in chapter 2, article VI, division 2 of this Code, the code enforcement special magistrate may suspend or revoke the resort dwelling’s business tax receipt under the following conditions: If the special magistrate finds a violation or recurring violation of this section, the special magistrate may suspend the resort dwellings business tax receipt for a period of not more than 30 days or until the issue is resolved, whichever is later; and if the special magistrate finds a repeat violation of this section or a violation of a suspension order, the special magistrate may revoke the resort dwelling’s business tax receipt. Revoked licenses may not be reissued for a period of one year from the date of revocation. Additionally, the county may enforce this section by any other means provided by law.

Sec. 62-103. – Prima facie evidence.

The following circumstances provide prima facie evidence that a property is being used as a resort dwelling:

On a non-homestead property, different occupants have been observed on at least two separate occasions within any 90-day period;
On a non-homesteaded property, different vehicles with different license plate tags have been observed parked on at least two separate occasions in any 90-day period; or
The property is advertised or held out to the public as a vacation rental, vacation resort, short-term rental, short-term resort, or resort rental.

(Ord. No. 06-37, § 2, 7-11-06)

Editor’s note — Section 3 of Ord. No. 06-37, adopted and effective July 11, 2006, states the following: “If the enactment of this ordinance creates any non-conforming uses, then the provision of Section 62-1191 shall apply. The term “the effective date of the division” referred to in Section 62-1191, shall be deemed to expressly mean the effective date of this ordinance.”

Current Zoning Code and Proposed New Code