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Palm Beach Gardens, 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
Sec. 78-59(e)(1), Table 4A
RM bonus
7.0 to 14.0 dwelling units per acre
RH/MXD bonus
Up to 21.0 dwelling units per acre
Minimum set-aside
10% of units, 10+ units minimum
Restriction period
30 years minimum, deed restricted
Income bands
80-120% AMI workforce, under 80% affordable

Summary

Palm Beach Gardens lets residential developers build well beyond base zoning density if at least ten percent of a project's units serve workforce or affordable households. Sec. 78-59(e)(1) and Table 4A convert that commitment into extra units per acre and extra building height, from a Residential Medium base of 7.0 dwelling units per gross acre up to 14.0 with the bonus, and larger jumps inside the Transit Oriented Development district.

(1)Density and height bonus. Proposed workforce and/or affordable residential projects may be eligible for potential density bonuses as specified in Table 4A below, subject to strict compliance with the provisions set forth in subsections a. through h. below: ... Residential Medium (RM) Outside TOD District 7.0 du/ac 7.0 du/ac 14.0 du/ac (3) 75 feet Residential High (RH) Outside TOD District 10.0 du/ac 11.0 du/ac 21.0 du/ac (3) 135 feet Mixed Use (MXD) Outside TOD District 7.0 du/ac 14.0 du/ac 21.0 du/ac (3) 135 feet

Full Breakdown

Table 4A ties the bonus to geography and base zoning. Outside the Transit Oriented Development (TOD) Overlay District, a Residential Medium (RM) project can add 7.0 dwelling units per gross acre to its 7.0 du/ac base for a maximum of 14.0 du/ac and 75 feet in height; Residential High (RH) can add 11.0 to a 10.0 base for 21.0 du/ac at 135 feet; and Mixed Use (MXD) can add 14.0 to a 7.0 base for 21.0 du/ac at 135 feet. Inside the TOD Overlay, the base rises to a minimum of 15.0 du/ac with a further 6.0 du/ac bonus, reaching 21.0 du/ac and 135 or 180 feet, with additional density and height available under the separate TOD standards of Sec.

78-222. To qualify under Sec. 78-59(e)(1)a, a project must include ten or more workforce and/or affordable units, and at least ten percent of total units must be reserved as such; unit mix must track the market-rate mix, and reserved units must serve households earning 80 to 120 percent of area median income for workforce housing or under 80 percent for affordable housing. The restriction runs for the longer of 30 years or the applicable funding period and is recorded as a deed restriction approved by the city attorney.

Bonus projects also carry compatibility standards: RM buildings over 36 feet must add a foot of front, side, and rear setback for every foot of height above 36 feet, plus a 75-foot additional setback next to existing single-family neighborhoods and a six-foot perimeter wall or fence; RH and mixed-use bonus projects must sit east of North Military Trail and south of Hood Road and cannot be directly adjacent to single-family neighborhoods.

Violations & Fines

Noncompliance with the density bonus deed restriction lets the city record a lien and pursue the workforce and/or affordable unit deed covenant through code enforcement, and annual third-party certification failures can trigger the same remedy. Because the bonus, the height allowance, and any impact fee or building permit fee waiver are all conditioned on maintaining the reserved units for the full restriction period, a project that converts reserved units to market rate risks losing its density approval and facing lien enforcement for waived fees.

Frequently Asked Questions

How much extra density can a Palm Beach Gardens project get for workforce housing?
The bonus amount is set by Table 4A according to the base zoning district: Residential Medium projects can rise from 7.0 to 14.0 dwelling units per acre, Residential High and Mixed Use projects can reach 21.0 units per acre, and Transit Oriented Development Overlay projects can also reach 21.0 units per acre with 135 or 180 feet of height, plus further TOD-specific bonuses under Sec. 78-222.
How many units must be workforce or affordable to earn the bonus?
Sec. 78-59(e)(1)a requires at least ten workforce and/or affordable units and requires that they equal at least ten percent of the total units proposed, with a unit mix proportionate to the market-rate units. Income limits set the tiers: workforce units serve households from 80 to 120 percent of area median income, while affordable units serve households below 80 percent.
How long must the units stay affordable?
The deed-restricted period runs for the length of the project's funding mechanism or 30 years, whichever is longer, starting when the first certificate of occupancy is issued for a workforce or affordable unit. Owners must submit an annual third-party certification confirming occupant incomes and rents throughout that period, per Sec. 78-59(e)(1)c.

Sources & Official References

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