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

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

Key Facts

Governing section
§ 173.051, Palm Bay Code
Height bonus cap
2 stories above district maximum
Bonus limit
one bonus per qualifying feature
Review authority
City Manager or designee

Summary

Palm Bay's zoning code lets developers earn density, intensity, or height bonuses for features like mixed-use design or affordable housing, capped at one bonus per feature and two stories above the district maximum.

Only one (1) bonus per feature may be obtained (e.g., density, intensity, or height bonus for the provision of public open space), but a development may qualify under several categories. Densities and intensities shall not exceed the maximum allowed by the site's future land use category designation.

(B)   Building height shall not exceed two (2) stories above the maximum permitted in a zoning district.

(C)   No development shall exceed the maximum density or intensity allowed in the underlaying future land use category of the site.

(D)   The use (e.g., single-family, townhome, multi-family) shall be a permitted use in the zoning district.

(E)   The affordable housing bonus is not intended to supersede allowances provided by the Live Local Act. Projects processed under the Act are not eligible for the incentives offered in this section. (Ord. 2024-33, passed 9-19-24)

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-41: Supplement contains: Local legislation current through Ord. 2026-13, passed 5-21-26).

Full Breakdown

Palm Bay Code § 173.051 governs the city's development bonus program, adopted under Ordinance 2024-33. Developers may request density, intensity, or building-height bonuses in exchange for qualifying features such as vertical mixed-use construction or affordable housing, listed in Table 173-8. Only one bonus per feature is allowed, though a project can combine bonuses across different qualifying categories. No project may exceed the maximum density or intensity set by the site's future land use category, and any height bonus is capped at two stories above the zoning district's normal maximum. The City Manager or designee reviews bonus requests against traffic-impact and neighborhood-compatibility criteria, and affordable-housing bonuses require a developer's agreement with the city committing to the number of affordable units.

Violations & Fines

Bonus requests that exceed the future land use category's maximum density or intensity, or seek a height bonus over two stories above the district maximum, are rejected in site plan review.

Frequently Asked Questions

Can a Palm Bay project get more than one density bonus?
Yes, but only one bonus per qualifying feature category: a project can combine bonuses across different qualifying features listed in Table 173-8.
Does the density bonus override Palm Bay's land use plan?
No. Bonuses can never push density or intensity above the maximum allowed by the site's future land use category designation.

Sources & Official References

Other rules in Palm Bay

All Palm Bay rules

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