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Flagler County, FL Zoning Overlays & Bonuses: Density Bonus Law (2026)

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

Key Facts

Base density (R-3b)
9 units per acre
With affordability bonus
10 units per acre
Minimum affordable share
10 percent of project units
Affordability period
15 years, annual reporting required
R-3 comparison (no bonus)
Flat 8 units per acre

Summary

Flagler County's R-3b Multifamily Residential district allows a base density of 9 units per acre, plus an affordable multifamily density bonus of 1 additional unit per acre, for a maximum of 10 units per acre, when at least 10 percent of a project's units serve low- and moderate-income households.

These county ordinances apply to unincorporated areas of Flagler County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

2.Maximum density: Nine (9) units per acre with an affordable multifamily density bonus of an additional one (1) unit per acre for a total of ten (10) units per acre. The affordable multifamily density bonus is awarded provided the following criteria are met: ... b.At least ten (10) percent of the project's units must be designated as affordable multifamily units for low and moderate income households. A maximum of thirty (30) percent of the project's units may be designated as affordable housing for low income households and a maximum of thirty (30) percent of the project's units may be designated for moderate income households. A minimum of forty (40) percent of the units must remain market rate units.

Full Breakdown

The R-3b Multifamily Residential district is the one place in Flagler County's Land Development Code that ties a numeric density increase to affordable housing. 2 sets a base maximum density of nine units per acre, then adds an affordable multifamily density bonus of an additional one unit per acre for a total of ten units per acre, provided the developer meets defined eligibility criteria. To qualify, at least 10 percent of the project's units must be designated affordable multifamily units for low- and moderate-income households, defined as households earning up to 100 percent of the county's median income adjusted for family size and paying no more than 30 percent of income on rent or purchase.

No more than 30 percent of a project's units may be designated for low-income households, below 80 percent of median income, and no more than 30 percent for moderate-income households, 80 to 100 percent of median income, and at least 40 percent of the units in the project must remain market rate. The property owner must record a land use restriction agreement with the county fixing the affordability terms, rent and income limits for a minimum 15-year period, and must submit an annual compliance report to the county throughout that period.

2. This density bonus applies only to R-3b-zoned land in unincorporated Flagler County; it has no bearing on multifamily zoning inside Palm Coast, which administers its own density standards under its own Unified Land Development Code.

Violations & Fines

Building beyond the base nine units per acre without meeting the affordable-unit, land use restriction agreement and annual reporting requirements of LDC section 3.03.09.02.D.2 is a Land Development Code violation under LDC section 1.10.00, pursued through the county's code enforcement board or the courts.

Frequently Asked Questions

How does Flagler County's affordable housing density bonus work?
In the R-3b Multifamily Residential district, LDC section 3.03.09.02.D.2 raises the base density from 9 to 10 units per acre if at least 10 percent of the project's units are designated affordable for households earning up to 100 percent of county median income.
How long does the affordability requirement last?
The developer must sign a land use restriction agreement with the county fixing rent and income limits for a minimum 15-year period and must file an annual compliance report to the county throughout that period, under the same LDC section 3.03.09.02.D.2 criteria.
Is the same bonus available in the R-3 district?
No. The R-3 Multifamily Residential district caps density at a flat 8 units per acre under LDC section 3.03.09.01.D.2, with no comparable affordability-based density bonus.

Sources & Official References

Other rules in Flagler County

All Flagler County rules

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