Pop. 86,426 · Brevard County
The City of Melbourne has not adopted a vacation-rental-specific occupancy ordinance, and Florida Statute 509.032(7)(b) preempts the city from imposing STR-only guest caps unless one was on the books before June 1, 2011, which Melbourne did not have. Practical occupancy limits come from the Florida Building Code, the DBPR vacation rental dwelling license under F.S. 509.241, and Brevard County rules.
Melbourne does not require a city-issued certificate of insurance for short-term rentals because it has no STR ordinance. Florida Statute 509.032(7)(b) preempts new local STR-only insurance mandates. The DBPR vacation rental license under F.S. 509.241 sets the state floor, while industry practice is a $1 million per-occurrence liability policy.
Melbourne regulates carports as accessory structures under Appendix B Zoning, Article VII (Accessory and Temporary Uses and Structures), with setbacks drawn from Article V district regulations and height standards from Article IV. A building permit is required, and Melbourne sits in the Florida 130 mph wind zone, so carport columns, beams, and roof connections must meet Florida Building Code wind-load requirements.
Garage conversions in Melbourne require building permits with zoning and building review. Converted space must comply with Florida Building Code for habitable space including egress, ventilation, and electrical requirements. Off-street parking minimums must still be met.
Melbourne's zoning code Appendix B, Article VII addresses accessory and temporary uses and structures including ADUs. ADUs may be permitted in certain residential zoning districts. Building permits and zoning approval required. Contact Planning and Zoning at the Community Development Department for eligibility.
Melbourne's zoning code and Land Development Code regulate accessory structures. Sheds must be located behind the front building line. Accessory structures may not exceed the floor area of the principal building. Setbacks of 15 feet from side and rear lot lines apply per Brevard County standards.
Brevard County allows tiny homes on permanent foundations meeting Florida Building Code Appendix Q (under 400 sq ft). Tiny homes on wheels classified as RVs and restricted to RV parks. Minimum dwelling size 600 sq ft in most zones.
Melbourne limits construction noise to designated daytime hours. Construction work in residential areas is generally permitted 7 AM to 6 PM on weekdays with restricted Saturday hours. Sunday and holiday construction is typically prohibited in residential areas.
Melbourne Code Chapter 26 prohibits the keeping of any animal or bird that causes frequent or long-continued noise disturbing the comfort and repose of persons in the vicinity. Melbourne also defers to Brevard County Chapter 14 for animal control, which defines persistent barking as 30 consecutive minutes.
Melbourne Code of Ordinances Chapter 26, Article II (Noise and Vibration Control, Sec. 26-19 et seq.) prohibits noise that disturbs the quiet and repose of persons during nighttime hours, typically 11 PM to 7 AM. Garage and service station noise in residential areas is prohibited between 10 PM and 7 AM on weekdays and on Sundays.
Brevard County has no leaf blower-specific ordinance. General noise rules in Code Ch. 46 apply. Year-round landscaping season along the Space Coast means daily blower use by crews serving Melbourne, Palm Bay, and beachside HOAs.
Brevard County regulates amplified music under the general noise ordinance. Sound permits available for events. FL §877.03 applies to unreasonable disturbances.
Aircraft noise regulation is preempted by federal law under the Federal Aviation Act and the Airport Noise and Capacity Act. Florida cities and counties cannot regulate flight operations, altitudes, or in-air noise. Florida statutes recognize this exclusive federal jurisdiction over navigable airspace.
Melbourne's Land Development Code Article III (Sec. 9.45) establishes fence and wall standards. In residential zoning districts (PUD, AEU, REU, R-A, R-1A through R-4), fences in front setbacks are limited to 4 feet. Side and rear fences may be up to 6 feet. Corner lot visibility triangle restrictions apply.
Melbourne follows Florida's spite fence statute FL Section 823.11. No shared-cost requirement exists for boundary fences under Florida law. Corner lot visibility triangles must be maintained. Property line disputes should be resolved with a survey.
Melbourne requires fence permits for construction in residential districts. The Code Compliance Division Building Section processes fence permit applications. All fences must comply with Florida Building Code wind load requirements for the coastal wind zone.
Brevard County Land Development Regulations approve wood, vinyl, aluminum, and masonry. Barbed wire prohibited in residential zones. Coastal properties should use salt-resistant materials. HVHZ wind ratings apply near the coast.
Brevard County requires a building permit for retaining walls over 3 feet high or supporting a surcharge load. Engineering required over 4 feet. Coastal construction control line (CCCL) rules add DEP oversight for walls east of the dune line.
FL §515.25 (Residential Swimming Pool Safety Act) requires barriers for all pools built after October 1, 2000. Brevard County enforces 48-inch minimum fence with self-closing, self-latching gate. Inspection required at permit final.
Melbourne enforces leash laws through Brevard County Chapter 14 animal control regulations. Dogs must be under physical control on a leash not exceeding 6 feet at full extension. Dogs in city parks must be leashed in designated areas only.
Exotic pet ownership in Melbourne is governed by Florida Fish and Wildlife Conservation Commission rules under FL Admin Code Chapter 68A-6. Class I wildlife (large predators) cannot be kept as personal pets. Class II and III animals require FWC permits.
Florida Statute Section 767.14 preempts all breed-specific legislation statewide. Melbourne cannot enact breed bans or restrictions. Dangerous dog classifications are behavior-based under FL Sections 767.01-767.04.
Beekeeping in Melbourne is regulated by the Florida Department of Agriculture and Consumer Services. Registration is required. Hives must comply with setback requirements from property lines and face away from neighboring properties. Water source required on-site.
Brevard County prohibits feeding alligators and sandhill cranes (Florida state crime). FWC Rule 68A-4.001 bans feeding most wildlife. Bear feeding illegal within county. Sea turtle disturbance (including feeding) prohibited May-October under FL §379.2431.
Brevard County may allow backyard chickens with limits. Roosters typically banned in residential areas. Livestock requires agricultural zoning. FL right-to-farm law protects ag uses.
Above-ground pools in Melbourne must comply with Florida Building Code barrier requirements. Pools with walls less than 48 inches require additional fencing. Building permits are required for installation. Coastal wind zone structural requirements apply.
Melbourne follows Florida Building Code pool safety standards. Pools built after October 1, 2000 must include at least one approved safety feature. Building permits and inspections required. The Brevard County DOH Environmental Health Division provides additional pool oversight.
Melbourne enforces Florida Building Code and FL Statute 515 pool barrier requirements. All residential pools require a barrier at least 48 inches high. Gates must swing away from the pool with self-closing and self-latching mechanisms. High water table in many neighborhoods affects pool construction and drainage.
Brevard County requires building and electrical permits for hot tubs and spas. FL §515.25 pool barrier rules apply unless locking safety cover installed. GFCI protection mandatory. Hurricane wind-load anchoring required.
Brevard County Building Department requires permits for all pools, spas, and hot tubs. FL Building Code Ch. 4 and FL §515 Residential Swimming Pool Safety Act apply. Above-ground pools over 24 inches also require permits.
Melbourne enforces FL Statute 791 regarding fireworks. Consumer fireworks are legal on designated holidays (July 4, Dec 31, Jan 1) per Florida HB 1059 (2020). The city hosts an annual MelBOOM Fourth of July fireworks celebration at Front Street Park. Cities cannot ban use on designated holidays.
Melbourne enforces Chapter 28 (Fire Prevention and Protection) and follows Brevard County burn ban directives. Open burning of yard debris requires Florida Forest Service authorization. Countywide burn bans are imposed during drought conditions under Brevard County Code Section 50.
Recreational fire pits are permitted in Melbourne when no burn ban is in effect. Fire pits must be set back from structures, use clean wood fuel only, and be attended at all times. Brevard County burn bans override recreational fire pit use during dry conditions.
Western Brevard County has significant wildfire risk (scrub and pine flatwoods). Florida Forest Service manages wildfire response. Burn bans issued by Brevard County Emergency Management during drought. Defensible space encouraged; no mandatory clearance rules for residential.
Brevard County requires vacant lot maintenance and defensible space near structures under Code Ch. 14. Dry season October-May elevates wildfire risk in pine flatwoods and palmetto scrub areas west of I-95.
Florida regulates propane (LP-gas) storage, transport, and installation uniformly under Chapter 527 and the Florida Fire Prevention Code, preempting inconsistent local rules.
Melbourne prohibits commercial signage for home-based businesses in residential zoning districts. The zoning code restricts all business-related signage in residential areas to maintain neighborhood character.
Melbourne permits home occupations in residential zones with a business tax receipt. The zoning code Appendix B, Article VI (Use Standards) and Article VII (Accessory and Temporary Uses) govern home-based businesses. No signage or on-site employees are permitted.
Melbourne's home occupation regulations prohibit customer traffic that exceeds normal residential levels. No on-site employees are permitted for home-based businesses. The business must not change the residential character of the property or neighborhood.
Florida DCF licenses family day care homes (up to 10 children) under FL §402.313. Large family child care homes (up to 12) per FL §402.3131. Brevard County zoning allows in residential. Background checks and 40 hours DCF training required.
Florida Cottage Food Law (FL §500.80) allows home production of non-hazardous foods with $250,000 annual revenue cap. No state license required. Must label with operator info. Brevard County Health Dept provides guidance.
Melbourne falls within the St. Johns River Water Management District jurisdiction. Irrigation schedules restrict watering days and times for residential and nonresidential properties. The Melbourne Utilities Department manages water services for the city.
Melbourne's Land Development Code Article XV addresses tree preservation and landscaping. Tree removal permits may be required for protected species or trees above a certain diameter. Re-vegetation requirements apply to all cleared areas in new development.
Melbourne's Land Development Code Article XV (Sec. 9.273) establishes landscaping and planting design requirements. Tree preservation and landscape standards apply to development. Minimum native species requirements apply per the land development code.
Melbourne enforces property maintenance standards through its Code Compliance Division. The city has adopted codes designed to address blight and nuisances. Grass and weeds must be maintained below the city's maximum height threshold. The International Property Maintenance Code is adopted under Sec. 13.82.
Brevard County Code Ch. 94 (Property Maintenance) requires weed abatement. Invasive species like Brazilian pepper and Australian pine are priority concerns along the Indian River Lagoon shoreline.
FL §373.185 preempts HOA bans on Florida-Friendly Landscaping. Brevard County encourages native plants through the Lagoon-Friendly Lawns program. Indian River Lagoon protection drives native plant incentives and fertilizer restrictions.
Brevard County allows and encourages residential rainwater harvesting. St. Johns River WMD offers rain barrel workshops. No state restrictions in Florida. HOA rules may govern visible placement.
Artificial turf allowed in Brevard County with proper drainage. HOA bans limited by FL §373.185. Heat buildup (can reach 150F+) and stormwater runoff into Indian River Lagoon are primary concerns. Not counted toward pervious surface requirements.
Melbourne limits RV and boat storage to side or rear yards with appropriate screening. Vessels over 30 feet may require enclosed storage. Sec. 13.206 of the code addresses recreational vehicles and park trailer placement. Storage in front yards is generally prohibited.
Melbourne restricts commercial vehicle parking in residential zoning districts. Commercial vehicles and equipment storage is regulated to maintain neighborhood character. Specific restrictions apply based on vehicle weight and type.
Melbourne requires vehicles to be parked on approved surfaces in residential areas. Parking on grass or unpaved areas is prohibited. The zoning code under Appendix B, Article V establishes off-street parking requirements based on land use type.
Melbourne regulates street parking through its Code of Ordinances. Downtown Melbourne and the Eau Gallie Arts District have time-limited parking. Residential street parking is generally permitted but may be restricted near major corridors. Parking lots in residential districts are regulated under Sec. 9.77.
Unincorporated Brevard County does not generally prohibit overnight street parking. Vehicles cannot block fire hydrants, driveways, or traffic flow. Beach access parking (SR A1A corridor) has overnight restrictions posted at specific lots and crossovers.
Brevard County requires an electrical permit for Level 2 (240V) EV charger installation. FL §718.113(8) protects condo owner EV charger rights. FPL offers EV rebates. Public charging along I-95, SR 528, and at Kennedy Space Center Visitor Complex.
Brevard County follows FL §316.1945 (72-hour street abandonment) and Code §62-2119 (inoperable vehicles on private property). Vehicles must have current registration and be operable if visible from street. Coastal salt corrosion makes abandonment enforcement common.
Melbourne has significant FEMA flood zones along Crane Creek, the Indian River Lagoon, and Turkey Creek. New construction in Special Flood Hazard Areas must be elevated to Base Flood Elevation plus one foot of freeboard. The city participates in NFIP Community Rating System for reduced premiums.
Brevard County requires erosion and sediment controls on all land-disturbing activities over 1 acre or in sensitive areas. Silt fences, stabilized entrances, and turbidity curtains near lagoon/river required. SJRWMD ERP for larger sites.
Brevard County coastal development east of the FL DEP Coastal Construction Control Line (CCCL) requires state permits under FL §161.053. Sea turtle lighting ordinance applies May 1-Oct 31. Dune protection and 30-year erosion setback enforced.
Brevard County enforces stormwater management under Code Ch. 62 and St. Johns River WMD rules. Indian River Lagoon basin has enhanced nutrient load reduction requirements. Fertilizer blackout June-September.
Brevard County requires grading permits for excavation/fill over 50 cubic yards or in flood zones. Drainage cannot redirect water onto neighbors. Flat Florida topography makes drainage design critical. SJRWMD ERP for larger sites.
Brevard County enforces a juvenile curfew for minors under 17. Nighttime curfew hours typically run 11 PM to 6 AM on school nights with later weekend hours.
Brevard County parks close at sunset unless otherwise posted. Beach parks (Lori Wilson, Paradise, Jetty Park) have specific hours. Lit sports fields may extend to 10 PM. After-hours presence enforced by BCSO.
Brevard County Code §22-26 requires vacant lot owners to maintain grass/weeds below 12 inches, remove trash, and prevent nuisance conditions. County may mow and bill owner. Fire hazard enforcement escalated during dry season.
Brevard County Code §94-26 requires trash and recycling carts to be stored out of public view between collection days. Place at curb no earlier than 5 PM day before, retrieve by 7 AM day after. Bear-resistant containers required in western county.
Brevard County has no snow ordinances - snowfall is essentially nonexistent on the Space Coast. Property owners must keep sidewalks clear of vegetation, sand, and debris under Code Ch. 94.
Brevard County Code Ch. 94 requires garage/yard sales to maintain property appearance. Merchandise displayed neatly, removed daily. Unsold items cannot remain at curb. Signs down within 24 hours.
Brevard County Code §22 enforces property maintenance standards. Common issues: hurricane damage not repaired, peeling paint, broken windows, debris. Special Magistrate hearings issue fines up to $250 per day ($500 per day for repeat) under FL §162.09.
Brevard County Land Development Regulations set setbacks by zoning district. SR (Single-Family) typically 25 ft front, 7.5 ft side, 20 ft rear. Coastal Construction Control Line (CCCL) adds beachside setbacks.
Brevard County LDC limits residential structures to 35 feet / 2.5 stories in most single-family zones. Beachside commercial and high-density zones allow taller. CCCL coastal zone has additional wind-zone height considerations.
Brevard County limits residential lot coverage to 35-45% in most single-family zones. Impervious surface ratio (ISR) limits apply. Stormwater retention required for heavy lot coverage near Indian River Lagoon.
Brevard County Code Ch. 62 prohibits light trespass onto neighboring properties. Beachside sea turtle lighting adds strict limits. Complaint-driven enforcement through code compliance. Security lights must be aimed and shielded.
Brevard County enforces sea turtle-safe lighting on beachside properties May 1-October 31 under Code Ch. 62. Coastal lighting must be shielded, amber/red LED, low mounted. Inland properties follow general dark-sky principles.
Florida Statute §163.04 prohibits HOAs from preventing solar panel installation. HOAs may determine placement but cannot effectively ban solar or impose requirements that reduce performance more than 10 percent or increase cost by over $1,000.
Brevard County requires building and electrical permits for solar PV installations per Florida Building Code. Online permitting available. Florida's hurricane wind load requirements apply (140+ mph design). FL §163.04 preempts HOA solar bans.
Brevard County follows FL Chapter 83 (Residential Landlord-Tenant Act). No just-cause eviction requirement in Florida. 15-day notice for month-to-month non-renewal; 3-day for nonpayment. Self-help eviction illegal.
Brevard County has no rent control. FL §125.0103 preempts local rent control except under declared housing emergency with 60% voter approval. Market rates apply. Landlord may raise rent any amount with proper notice.
Brevard County has no general rental registration program. Landlords must comply with FL Chapter 83 Part II (Residential Landlord Tenant Act) and Florida Building Code. Some municipalities within the county (Cocoa Beach, Melbourne Beach) have local registration requirements for beachside rentals.
Home cannabis cultivation is PROHIBITED in Brevard County and statewide under FL §381.986. Florida medical marijuana patients cannot grow; they must purchase from state-licensed MMTCs. Recreational remains illegal after 2024 Amendment 3 failure.
Brevard County permits Medical Marijuana Treatment Centers (MMTCs) in commercial zones under FL §381.986 preemption. State-set 500-foot buffer from schools applies. County cannot ban MMTCs but can zone and regulate hours.
Brevard food trucks need a county mobile food dispensing vehicle permit, FL DBPR or FDACS license (depending on food type), and Brevard Health Department approval. FL §509.102 preempts some local restrictions.
Brevard regulates food truck locations by zoning. FL §509.102 preempts outright bans but allows rules on parking, time limits, and distance from brick-and-mortar restaurants. Beach access lots and special events common.
Brevard County offers scheduled bulk and white goods pickup through Waste Management/Waste Pro. Two free bulk pickups per year; additional pickups fee-based. Construction debris excluded.
Brevard County requires carts at curb with lids closed, 3 feet from obstructions, retrieved within 24 hours of pickup. Between pickups, carts must be stored behind the front building line.
Brevard County accepts paper, cardboard, glass, aluminum, and plastics #1-2 in single-stream blue carts. Plastic bags, food waste, and Styrofoam rejected. Contaminated carts are tagged and skipped.
Brevard County Solid Waste Management contracts with Waste Management and Waste Pro for weekly curbside trash and recycling in unincorporated areas. Bins out by 6 AM pickup day. Hurricane debris follows separate schedules.
Brevard County does not operate a formal no-knock registry, but residents may post "No Soliciting" signs. Solicitors who ignore posted signs face citations under Code Ch. 98. Sheriff's Office handles complaints.
Brevard County Code Ch. 98 requires door-to-door commercial solicitors to obtain a permit and background check. Hours limited 9 AM to sunset. Religious and political canvassing exempt under First Amendment.
Brevard County requires replanting when permitted trees are removed. Typical ratios 1:1 for under 12" DBH, 2:1 for 12-24", and 3:1+ for specimen. Native Florida species required. Fee-in-lieu to county tree fund available.
Brevard County requires tree removal permits for specimen and protected trees over 8 inches DBH under Code Ch. 62 LDC Article XIII. Live oaks, cypress, and mangroves receive enhanced protection.
Brevard County designates specimen and historic trees under LDC Article XIII. Live oaks 24+ inches DBH and historic trees require enhanced protection. Removal needs P&Z approval and mitigation at 3:1 or higher.
Brevard County drone use follows FAA Part 107/recreational rules. Major restricted airspace over Kennedy Space Center, Cape Canaveral Space Force Station, and Patrick Space Force Base. County parks require permit for drone launches.
Commercial drone operators in Brevard need FAA Part 107. KSC, CCSFS, and Patrick SFB airspace requires separate federal authorization. County may require filming permit for commercial shoots on public property.
Brevard County does not require permits for residential garage sales in unincorporated areas. General signage and frequency limits apply under Code Ch. 94. Cities like Melbourne and Palm Bay may require registration.
Brevard County Code Ch. 94 limits residential garage sales to 3-4 per year per address, maximum 3 consecutive days each. Neighborhood-wide sales may count as single events. Exceeding limits triggers home business zoning concerns.
Brevard County garage sales allowed sunrise to sunset, typically 7 or 8 AM to 6 PM. No overnight display. Weekend sales most common. Signs must be removed within 24 hours after sale ends.
Brevard County allows residential holiday displays without permits. Displays must not obstruct sight lines or rights-of-way. Sea turtle lighting restrictions apply on coastal parcels from May 1 to October 31 per FL §379.2431.
Brevard County Code §62-3204 allows political signs on private property up to 6 sq ft in residential zones and 32 sq ft in commercial zones. Signs prohibited in public rights-of-way. Must be removed within 7 days after the election.
Brevard County allows temporary garage sale signs up to 4 sq ft on private property. Signs on utility poles, street signs, and in public rights-of-way prohibited. Signs must be removed within 24 hours of sale end.
Florida Statute 218.077 prohibits local governments from establishing a minimum wage other than the state or federal rate, preempting city and county living-wage ordinances except for direct local government employees.
Florida Statute 218.077 and 448.110 framework, combined with FS 125.01045 and 166.04151 limits, preempt local mandates requiring private employers to provide paid sick leave or other employment benefits beyond state law.
Florida Statute 509.032(7) and broader employment preemption framework prevent local governments from requiring private employers to follow predictive or fair-scheduling rules beyond state and federal law.
Florida allows permitless concealed carry of firearms by law-abiding adults under FS 790.01 and continues to issue concealed weapon licenses through FS 790.06, with both regimes preempting local concealed-carry restrictions.
Florida Statute 790.33 expressly preempts the entire field of firearm and ammunition regulation to the state, voiding all local ordinances and imposing personal civil penalties on local officials who knowingly enact or enforce conflicting rules.
Florida Statute 790.053 generally bans the open carry of firearms by individuals, with limited exceptions for hunting, fishing, camping, target shooting, and lawful self-defense, and preempts any local variance.
Florida Statute 790.25(5) allows any law-abiding person 18 or older to possess a concealed firearm in a private vehicle for self-defense, provided the firearm is securely encased or not readily accessible for immediate use, regardless of any concealed-carry license.
Florida Statute 448.095 requires every private employer with 25 or more employees to use the federal E-Verify system to confirm work authorization for new hires beginning July 1, 2023, with public agencies and contractors subject to broader requirements.
Senate Bill 168 (2019), codified at FS 908.103 and 908.104, prohibits sanctuary policies in Florida and requires every state and local law enforcement agency to use best efforts to support federal immigration enforcement and honor ICE detainer requests.
Florida Statutes 823.14 and 163.3162 restrict local governments from adopting zoning rules that inhibit established farms on agriculturally classified land, preserving agricultural uses against incompatible local regulation.
Florida Statute 823.14, the Florida Right to Farm Act, protects established bona fide farm operations from nuisance suits and local ordinances that would inhibit standard agricultural practices conducted in good faith.
Florida Statute 403.7033 preempts the regulation of disposable plastic bags by local governments, prohibiting cities and counties from enacting bans or fees on retailers pending a legislative review that has not occurred.
Florida Statute 500.90 preempts the regulation of polystyrene products by local governments, blocking cities and counties from banning expanded polystyrene foam food containers, cups, and similar items.
Florida Statute 403.7033 and related law impose a moratorium on enforcement of municipal plastic straw bans, requiring DEP study before any local prohibition can take effect, effectively preempting current ordinances.
Florida Statute 569.101 prohibits the sale or delivery of tobacco and nicotine products to persons under 21, aligning with federal law and applying uniformly statewide with local preemption under FS 386.2125.
Florida Statute 386.2125 preempts local regulation of nicotine products and dispensing devices, blocking cities and counties from banning flavored e-cigarettes, menthol, or other flavored tobacco at the retail level.
Florida Statute 386.2125 expressly preempts the regulation of nicotine products, nicotine dispensing devices, and vape retailing to the state, voiding most municipal ordinances on electronic cigarettes and vape shops.