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

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

Key Facts

Density bonus
30 percent above base density
Eligible zoning
R-1B, R-2, R-3 and I-1 only
Low Density Residential
6 to 7.8 units per acre
High Density/MAC Mixed Use
30 to 39 units per acre
Approval path
Affordable housing use certificate, Sec. 4(E)
Exclusion
Neighborhood protection areas ineligible

Summary

Melbourne allows a 30 percent density bonus for affordable housing on R-1B, R-2, R-3 and I-1 zoned property carrying a future land use designation that already permits residential density. The bonus lifts allowed units per acre above the base zoning cap, but parcels inside comprehensive-plan neighborhood protection areas do not qualify, and the community development department administers approval through an affordable housing use certificate.

(3)Density bonus. Density bonus may only be considered for properties with R-1B, R-2, R-3, and I-1 zoning, if located within a future land use map classification that provides for a residential density. Based upon the future land use designation on the property, the following residential units per acre (UPA) could be permitted for affordable housing utilizing the 30 percent density bonus: Low Density Residential N/A 6 units per acre 7.8 units per acre ... High Density Residential N/A 30 units per acre 39 units per acre ... * This is the maximum permitted density, utilizing the density bonus option. NOTE: Properties subject to the neighborhood protection policies identified within the comprehensive plan are not eligible for a residential density bonus.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 32).

Full Breakdown

Section 4(C)(3) of the zoning ordinance's affordable housing article ties Melbourne's density bonus directly to the future land use map, not to zoning district alone. Only property zoned R-1B, R-2, R-3 or I-1 qualifies, and only if the parcel carries a future land use classification that already permits residential density. 5 units per acre, and High Density Residential and Mixed Use inside a Melbourne Activity Center (MAC) both rise from 30 to 39 units per acre. The 30 percent figure is a ceiling, described in the code as the maximum permitted density using the density bonus option, not an entitlement layered automatically onto every affordable unit proposed.

The bonus is one of four incentive options under Section 4(B), alongside use of specific zoning/land development standards, impact fee deferral or waiver, and the newer Live Local Act allowances; a project can combine more than one. Before relying on the bonus, an applicant must first qualify the project as an affordable housing development under Section 4(A), meaning at least 30 percent of units (40 percent in commercial/mixed-use districts) are reserved for households at or below 120 percent of the Palm Bay-Melbourne-Titusville area median income.

Community development department staff review the request through the affordable housing use certificate process in Section 4(E), which starts with a pre-application conference and an online submittal detailing unit counts, income tiers and building style. One express carve-out: property subject to the comprehensive plan's neighborhood protection policies is barred from the density bonus regardless of zoning or future land use.

Violations & Fines

Building without the density bonus properly certified means the extra units exceed the zoning district's base density, a zoning code violation the community development department addresses through certificate review and the site plan process rather than after-the-fact code enforcement. A developer who claims the 30 percent bonus without first securing an affordable housing use certificate under Section 4(E) risks site plan denial, and any project inside a neighborhood-protection area approved with bonus density is subject to correction or plan revocation.

Frequently Asked Questions

Which zoning districts qualify for Melbourne's affordable-housing density bonus?
Only property zoned R-1B, R-2, R-3 or I-1 qualifies, and the parcel must also carry a future land use map designation that already allows residential density. Section 4(C)(3) specifies this explicitly: the bonus is not available city-wide and is not triggered by zoning alone without the matching future land use classification.
How much extra density does the bonus allow?
The bonus adds 30 percent to the base non-affordable density. A Low Density Residential parcel goes from 6 to 7.8 units per acre, Medium Density Residential and non-Activity-Center Mixed Use go from 15 to 19.5, and High Density Residential or Mixed Use inside an Activity Center go from 30 to 39 units per acre.
Do all affordable projects automatically get the density bonus?
No. A project must first qualify as an affordable housing development under Section 4(A) and obtain an affordable housing use certificate under Section 4(E) before the community development department applies the bonus, and parcels covered by the comprehensive plan's neighborhood protection policies are excluded regardless of zoning.

Sources & Official References

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