How to Get a Conditional Use Approval in Melbourne, and Why the Landlord Signs
In Melbourne, conditional use approval comes from the city council (Appendix B, Zoning, Article IX, Section 5). The council may permit the use by ordinance after a public hearing before the planning and zoning board.
At Reach Commercial Real Estate, we represent tenants. We help you find locations, compare costs, investigate property questions and negotiate the lease.
1. See how a conditional use approval works
Table 1B marks a conditional use with a C, the code for uses that require conditional use approval (Appendix B, Article V, Section 2(D)).
At the planning and zoning board hearing, interested persons get a chance to be heard (Appendix B, Article IX, Section 5).
2. Budget for the city's fees
Budget $1,500.00 for the city's fees: $1,375.00 for the conditional use and $125.00 for the legal advertisement (City of Melbourne, Community Development Fees page).
The first pre-application meeting per property per year is $0.
3. Get the owner's signature
Every owner of the land has to sign the application, and it has to be notarized (Appendix B, Article IX, Section 5).
If you lease the space, the owner who signs is your landlord. We want to know which approvals apply before you commit. If other approvals are needed, we bring the expected process and timing into the lease discussion.
4. Check which uses Table 1B marks conditional
In C-1, bars, indoor recreation and amusement centers are conditional. In C-2, bars are conditional, and indoor recreation and amusement centers are permitted.
Bars are conditional in C-3, C-P, C-E, M-1, M-2 and I-1 as well.
The code defines indoor recreation with examples that include bowling alleys, theaters, gymnasiums, pool halls and skating rinks.
5. Check alcohol service
Selling or serving alcohol for consumption on the premises needs a conditional use in these cases, which the code calls restricted establishments (Appendix B, Article VI, Section 2(Q)(1)):
Private clubs and lodges.
Bars, micro-breweries, micro-distilleries and other drinking establishments, unless they qualify as a restaurant or as accessory to a hotel or motel of 100 or more guest rooms.
Recreational establishments and amusement centers, including golf courses, marinas, tennis clubs and racquetball complexes, unless they qualify as a restaurant.
The code's definition of a restaurant requires a fully equipped kitchen in operating condition. Food and non-alcoholic beverages must make up at least 51 percent of gross revenue.
A restricted establishment cannot sell or serve alcohol for on-premises consumption within 450 feet of an existing house of worship, school or other restricted establishment (Appendix B, Article VI, Section 2(Q)(2)(b)).
The distance is measured along the shortest route of ordinary pedestrian travel on the public thoroughfare, from main entrance to main entrance. Properties in the city's Community Redevelopment Districts are exempt.
A separate rule bars on-premises alcohol sales at any commercial establishment within 500 feet of an adult entertainment establishment, a sexually oriented business or the adult entertainment district.
6. Compare the Conditional Use Permit in unincorporated Brevard County
In unincorporated Brevard County, it is called a Conditional Use Permit, and it needs a public hearing (Brevard County Planning and Zoning, Common Questions).
The application includes the CUP worksheet with either a sealed site plan or a dimensioned sketch plan. The county's fee list shows All Conditional Use Permits at $849.
A zoning action requires two advertised public hearings. One is before the Planning and Zoning Board and one is before the Board of County Commissioners.
If you do not own the property, the owner of record must authorize you to make the application. A notarized statement from the owner has to go with it.
7. Put the approval into the lease
Our lease checklist includes a use clause and a permit contingency. Ask for each term on the list.
Extra items to add to your list
Alcohol review in the county. Brevard County's fee list includes a State Alcoholic Beverage License Application Review at $25.
Brewpubs. Table 1B marks brewpubs permitted in C-1, C-2, C-3, C-P, C-E, M-1 and M-2, and bars conditional in each of those districts.
Clubs and lodges. Table 1B marks clubs and lodges permitted in C-1, C-2, C-3, C-P and C-E. Selling or serving alcohol at a private club or lodge for consumption on the premises needs a conditional use (Appendix B, Article VI, Section 2(Q)(1)).
Start your search with Reach
You do not need to find the property before calling us. In most deals the landlord pays our fee.
Call 321-514-0876 with your business type, whether you plan to serve alcohol and your target opening date, or with the address of a space you have found.
Related: the leasing guide.
Frequently Asked Questions
What does the site plan for a conditional use show in Melbourne?
A scaled sketch plan, 8.5 inches by 14 inches, shows parking, landscaping, external structural changes, and ingress and egress. The city allows it for an existing structure that will not be expanded by more than 50 percent of the gross floor area (Appendix B, Article IX, Section 5).
Does Florida law set a distance between alcohol sales and schools?
Yes, 500 feet. An on-premises alcohol location may not be within 500 feet of the real property of a public or private elementary, middle or secondary school (Florida Statutes, section 562.45(2)(a)). Premises licensed on or before July 1, 1999 are exempt. So are locations licensed as restaurants that get at least 51 percent of their gross revenues from food and nonalcoholic beverages. A county or city can also approve a location as promoting the public health, safety and general welfare of the community. Counties and cities can enact ordinances regulating the hours and location of alcohol licensees.
Sources
Written by Cassandra Hartford, founder and CEO of Reach Commercial Real Estate. She has worked in Brevard County commercial real estate for 17 years, representing buyers, sellers, landlords, and tenants across Florida's Space Coast.
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