Subject:
Title
Appeal of the Brevard County Zoning Official’s April 22, 2026, interpretation regarding the applicability of Brevard County Policy BCC-100, Live Local Act, to the subject property. (26Z00029) (Tax Account 2412106) (District 2)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners conduct a public hearing to consider the Appeal the Zoning Official’s April 22, 2026, interpretation of Policy BCC-100 Live Local Act and determine whether to affirm or reverse.
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Summary Explanation and Background:
The subject property consists of approximately 11.24 acres located on Merritt Island and is designated Neighborhood Commercial (NC) and Residential 15 (RES 15) on the Future Land Use Map and zoned Agricultural Residential (AU). The property is currently vacant and undeveloped.
On April 7, 2026, the applicant submitted an application requesting administrative approval of a multifamily residential development pursuant to the Live Local Act. Following review of the application, the Zoning Official issued an interpretation on April 22, 2026, determining that the property did not meet the statutory eligibility requirements of Section 125.01055, Florida Statutes. Specifically, staff concluded that the AU zoning classification is agricultural-residential in nature and is not a commercial, industrial, or mixed-use zoning classification as contemplated by the Live Local Act.
On May 22, 2026, the applicant filed an appeal of the Zoning Official's interpretation pursuant to Chapter 62 of the Brevard County Code. The appeal asserts that the AU zoning classification should be considered commercial or mixed-use based upon certain uses permitted within the zoning classification and the existence of a historical 1983 Conditional Use Permit (Z-6584) for a clinic and hospital.
Staff has completed a comprehensive review of the appeal, the applicable provisions of the Brevard County Code, Section 125.01055, Florida Statutes, and the 2026 amendments to the Live Local Act enacted through House Bill 1389. Staff maintains that the overall purpose and character of the AU zoning classification remains agricultural-residential; that individual commercial or commercial-type uses permitted within the zoning classification do not alter its fundamental character; and, that a Conditional Use Permit (which requires a public hearing and is not guaranteed as a matter of right) does not change the underlying zoning classification of a property. Staff further concludes that the legislative clarifications adopted in House Bill 1389 reinforce the distinction between agricultural uses and commercial uses for purposes of determining eligibility under the Live Local Act.
The Board of County Commissioners is requested to consider the applicant's appeal and determine whether to affirm or reverse the Zoning Official's April 22, 2026, interpretation.
Clerk to the Board Instructions:
Upon receipt of resolution, please execute and return a copy to Planning and Development.