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Palm Beach Gardens, FL Accessory Structures: ADU Impact Fees (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Sec. 78-59(e)(5), workforce housing program
Approval needed
Growth management director recommendation, city council approval
Eligibility threshold
No 10-unit or 10-percent minimum for ADUs
Fee waiver cap
Building permit waivers up to $100,000/project
Enforcement
Lien for waived fees if unit falls out of compliance

Summary

Building an accessory dwelling unit for workforce or affordable housing in Palm Beach Gardens can come with real savings: Sec. 78-59(e)(5) makes ADUs eligible for impact fee waivers, building permit application fee waivers, and expedited review, without having to meet the ten-unit minimum and ten-percent set-aside that apply to bigger workforce housing projects. The waiver still requires a growth management director recommendation and city council approval.

(5)Accessory dwelling units (ADUs). ADUs may be utilized to provide workforce and/or affordable housing units as set forth at section 78-159. but are not subject to the additional requirements listed in subsection (e)(1) hereinabove. Additionally, if recommended by the growth management director and approved by the city council, such ADUs may be eligible for impact fee waivers, building permit application fee waivers, and/or expedited review to ensure consistency with the purpose and intent set forth in subsection 78-59(a).

Full Breakdown

Sec. 78-59(e) creates several incentives for workforce and affordable housing, and subsection (e)(5) extends them specifically to accessory dwelling units built under the ADU standards of Sec. 78-159. Unlike a standard workforce housing project, an ADU used this way is not subject to the eligibility criteria in subsection (e)(1), meaning it does not have to be part of a ten-or-more-unit project or hit the ten-percent set-aside threshold that governs larger developments; a single ADU on a single-family lot can qualify on its own. To actually receive a waiver, the growth management director must recommend it and the city council must approve it, and the city ties that approval to the same purpose-and-intent findings that anchor the whole workforce housing program under Sec.

78-59(a): providing workforce and affordable housing options while maintaining the city's character. The available incentives mirror what larger projects get under Sec. 78-59(e)(2) and (e)(3): a partial or full waiver of impact fees attributable to the unit, and a partial or full waiver of building permit application fees, including expedited-review fees, up to the $100,000 per-project cap set for building permit fee waivers generally. Any waiver granted comes with a deed restriction, prepared in a form the city attorney accepts and recorded in the Official Records of Palm Beach County, preserving the unit's workforce or affordable status and warning that noncompliance can result in a lien for the amount of fees waived.

Expedited review, when granted, follows the targeted expedited permitting program's timelines under Sec. 78-57, including development review committee comments within ten business days for workforce and affordable housing submissions.

Violations & Fines

A homeowner who receives a fee waiver but rents the ADU at market rate, or otherwise fails to keep it within the income limits that justified the waiver, faces the lien remedy spelled out in the deed restriction: the city can place a lien on the property for the full amount of the impact fees or building permit fees that were waived. Because the waiver runs with the land, a subsequent buyer inherits the same restriction and the same lien exposure if the unit later falls out of compliance.

Frequently Asked Questions

Do I need a ten-unit project to get an ADU fee waiver?
No. Sec. 78-59(e)(5) specifically exempts ADUs from the ten-or-more-unit and ten-percent set-aside eligibility rules that apply to other workforce and affordable housing incentives under Sec. 78-59(e)(1). A single ADU on an individual lot can still be considered for an impact fee, building permit fee, or expedited review incentive on its own.
Who approves an ADU fee waiver in Palm Beach Gardens?
The growth management director must recommend the waiver, and the city council must approve it, before an impact fee, building permit application fee, or expedited-review benefit is granted under Sec. 78-59(e)(5). There is no automatic entitlement to the waiver; it is a discretionary incentive tied to the purpose and intent of the city's workforce housing program in Sec. 78-59(a).
What happens if I stop using my ADU for workforce housing after getting a waiver?
The deed restriction recorded when the waiver was granted requires the unit to keep its workforce or affordable status, and noncompliance lets the city place a lien on the property for the amount of impact fees or building permit fees that were waived. That lien and deed restriction run with the land, so a future owner remains bound by them too.

Sources & Official References

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