Melbourne, FL Swimming Pools & Spas: Pool Permits (2026)

Under the city's zoning ordinance, accessory structures, including pools, cannot be built or placed without a building permit issued in advance of construction (Appendix B - Zoning, Art. VII, Sec. 1(C)). Pools get two specific carve-outs from the general accessory-structure rules: they never count toward the maximum number of accessory structures allowed on a lot, and they are exempt from the extra waterfront setback that applies to other accessory structures (Sec. 1(G)(3)). Placement is dictated by lot frontage: a single-frontage lot must put the pool in the rear yard, a lot fronting two streets can use the rear or side yard, and a waterfront lot may use the rear or front yard but never inside the principal structure's required front setback (Sec.

2(M)(1)). Structure separation defaults to five feet from any building, but a design professional's engineering certification submitted with the building permit lets that gap shrink to as little as three feet; no separation at all is required between the pool and related amenities like a screen enclosure, pergola, cabana, or pool house (Sec. 2(M)(2)). 5 feet (Sec. 2(M)(3)). The building official's office reviews and issues the permit and investigates complaints of unpermitted construction under the ordinance's enforcement article.