West Palm Beach, FL Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Governing section
- Ch. 94, Sec. 94-552
- Maximum density
- Up to 64 dwelling units per acre
- Tier One requirement
- 100% of units affordable/workforce housing
- Tier Two density cap
- 40 units per acre max
- Max penalty
- $500 fine, 60 days detention
Summary
West Palm Beach's Affordable and Workforce Housing Overlay lets qualifying multifamily, commercial and industrial-zoned sites build up to 64 dwelling units per acre under Sec. 94-552, roughly double the base density, in exchange for reserving units for households at or below 120% of area median income.
The intent of this section is to offset the high cost for the production of more quality affordable and workforce housing through incentives providing for added density and intensity in exchange for the construction of affordable and workforce housing units... f. Density Incentive. AWHO developments may request a density up to 64 dwelling units per acre in accordance with this Article and Table XVII-1. Requests for variance or waivers for height, density or FAR beyond the provisions of Table XVII-1 shall not be considered except as specifically provided in this Article.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 76).
Full Breakdown
" To qualify, a property must carry a Multifamily Low, Medium or High Density Residential zoning designation (or specified commercial or industrial designations tied to corridors like Military Trail or 45th Street), and it cannot sit in a Single-Family district, a Historic District, the Currie Mixed Use District, or the Downtown Master Plan. Table XVII-1 sets the bonus by zoning district: MF-14 properties can go from 14 to 28 units per acre, MF-20 from 20 to 40, and MF-32 from 32 to 64, with height capped at 65 feet where the site abuts a single-family district.
Subsection (f) caps the citywide incentive: "AWHO developments may request a density up to 64 dwelling units per acre in accordance with this Article and Table XVII-1," and variance or waiver requests for height, density or floor-area ratio beyond that table are not considered except as the article specifically allows. Two tiers set the affordability trade: Tier One requires 100% of units to be affordable/workforce housing, with half at or below 100% AMI and the rest at or below 120% AMI; Tier Two caps overall density at 40 units per acre and requires half the bonus units affordable at graduated AMI bands (25% at 80% AMI, 45% at 100% AMI, 30% at 120% AMI). Applications are reviewed against the comprehensive plan, traffic and infrastructure capacity reports, and site design standards in Secs. 94-35, 94-201 and Article XII.
Violations & Fines
Under Sec. 94-554(c), violating the AWHO article or breaching a housing incentives development agreement is punishable under Code of Ordinances § 1-13 and is also subject to the penalties and procedures in F.S. §§ 162.22 and 162.23. A conviction can carry a fine of up to $500.00 and up to 60 days in a municipal detention facility, with each day a violation continues counted as a separate offense; the city can also pursue any other code enforcement remedy under Chapter 26.
Frequently Asked Questions
How much extra density can a West Palm Beach project get under the AWHO program?
What income levels does the affordable housing have to serve?
Can any property in West Palm Beach use the density bonus?
Sources & Official References
Other rules in West Palm Beach
Florida rules heatmap·Compare West Palm Beach to another location·View the Florida zoning overlays & bonuses overview
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Density Bonus Law in Nearby Cities
How other cities in Palm Beach County handle density bonus law.