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West Palm Beach City Zoning Code

ARTICLE XVII

- AFFORDABLE AND WORKFORCE HOUSING

F

Footnotes:

--- (8) ---

Editor's note— Ord. No. 4729-17, § 2, adopted Sept. 14, 2017, repealed art. XVII, §§ 94-541—94-547, which pertained to flood prevention and control and derived from Code 1979, §§ 33-221—33-226; Ord. No. 3989-06, § 1, adopted Sept. 25, 2006; Ord. No. 4493-13, § 1, adopted Oct. 15, 2013; Ord. No. 4658-16, §§ 1, 2, adopted Sept. 12, 2016. The user's attention is directed to floodplain management provisions ch. 18, art. VII.

Sec. 94-550 - Definitions

1) Definitions. The following definitions are applicable to applications for affordable and workforce housing developments      filed pursuant sec. 94-56 and this article:

  1. a.
    Affordable housing means households at or below 80% of the area median income as defined by the US Department of Housing and Urban Development (HUD) income limits per household size that meets maximum housing payments established by HUD, Florida Housing Finance Corporation or local ordinance. Housing payments generally do not exceed 30% of household's gross monthly income.
  2. b.
    Transit Stop means an officially marked and designated area where people can wait for a bus, a light rail vehicle, train or any other public transportation vehicle that is operated on a schedule route and open to use by the general public.
  3. c.
    Workforce housing means housing that is affordable for households with incomes between 81% to 120% of the area median income. Eligibility for workforce housing programs and incentives will be based on a percentage of the median income as published by the US Department of Housing and Urban Development, Fannie Mae or the State of Florida without regard to household size.

2) Live Local Definitions. The following definitions are applicable to applications filed pursuant to the authority provided in        the live local act and section 94-551, as those definitions may be amended from time to time:

  1. a.
    Adjacent to means those properties sharing more than one point of a property line, but does not include properties separated by a public road.
  2. b.
    Highest currently allowed density means the highest number of units currently permitted for multifamily residential which is 32.27 units per acre and does not include the density of any building that met the requirements of this subsection or the density of any building that has received any bonus, variance or other special exception for density provided in the City's land development regulations as an incentive for development.
  3. c.
    Highest currently allowed height means the height currently permitted by right and does not include the height of any building that met the requirement of this subsection or the height of any building that has received any bonus, variance, or other special exception for height provided in the City's land development regulations as an incentive for development.
  4. d.
    Highest currently allowed floor area ratio is 150% of the highest currently permitted FAR, which is seven, and does not include the floor area ratio of any building that met the requirement of this subsection or the floor area ratio of any building that has received any bonus, variance, or other special exception for floor area ratio provided in the City's land development regulations as an incentive for development.
  5. e.
    Extremely low-income persons means one or more natural persons or a family whose total annual household income does not exceed 30 percent of the medial annual adjusted gross income for households within the State. The Florida Housing Finance Corporation may adjust this amount annually by rule to provide that in lower income counties, extremely low income may exceed 30 percent of area median income and that in higher income counties, extremely low income may be less than 30 percent of area median income.
  6. f.
    Low-income persons means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.
  7. g.
    Major transportation hub means any transit station, whether bus, train, or light rail which is served by public transit with a mix of other transportation options.
  8. h.
    Moderate-income persons means one or more natural persons of a family, the total annual adjusted gross household income of which is less than 120 percent of the median annual adjusted gross income for households within the state, or 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.
  9. i.
    Very-low-income persons means one or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income for households within the State, or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.

Ord. No. 5103-24, § 4, 07-22-2024; Ord. No. 5123-25, § 3, 02-03-2025 

Sec. 94-551 - Live local workforce housing development

1) Requirement for projects filed pursuant to the Live Local Act. Applications filed for development of mixed-use                      residential projects pursuant to Florida Statues § 166.0451, hereinafter referred to as the live local act, as amended            from time to time, shall comply with the following requirements unless pre-empted by statute.

  1. a.
    A proposed mixed use residential development is a permitted use in any area zoned commercial, industrial, or mixed use if the proposed affordable housing development meets the City's land development regulations and the affordability requirements set forth in this section.
  2. b.
    At least 65% of the total square footage of the mixed-use project must be used for residential purposes.
  3. c.
    At least 40% of the residential units in the multifamily development are rental units with affordability restrictions for at least 30 years;
  4. d.
    The monthly rent or mortgage payments including taxes, insurance and utilities do not exceed 30% of the median adjusted gross annual income for the households indicated as extremely-low income persons, low-income persons, moderate-income persons or very-low-income persons.

2) General review standards for applications. Applications shall be evaluated utilizing the following general review standards, as applicable:

  1. a.
    Traffic impact, considering the impact and strategies detailed in the traffic impact report.
  2. b.
    Impact on infrastructure and utilities, based on the impact and strategies detailed in the infrastructure capacity demand report.
  3. c.
    The form and scale of each building shall meet the requirements for each underlying zoning district.
  4. d.
    Compatibility of the use with the existing natural environment of the site, historic, and archaeological sites and with the surrounding properties and adjacent neighborhoods shall be described in the justification statement for the project.
  5. e.
    Sufficient setbacks, screening, buffering to provide landscape, light and air to preserve the internal and external harmony between properties and compatibility with the character existing and future potential neighborhood character. The proposed development shall consider any adverse effects of noise, light, dust, fumes and other nuisances to the neighboring properties.
  6. f.
    Land area is sufficient, appropriate and adequate for the use and reasonably anticipated operations of the site for the anticipated residents and management of the development without unanticipated undue impacts on the public realm.
  7. g.
    The application complies with sections 94-553(a) and (b).

3) Calculation of Density, Height, and FAR Bonus.

  1. a.

    Any proposed mixed-use residential development that meets the City's land development regulations and the requirements of subsections (1) and (2) above may request an increase in density, intensity, or height up to the level provided in this subsection (b), as applicable;

  2. b.
    The highest currently allowed density is: 
    1. 1.
      32.27 units per acre for mixed-use residential development projects proposed in a zoning district where capacity is calculated based on units per acre; or
    2. 2.
      150% of the highest currently allowed floor area ratio (currently seven) for mixed use residential development projects proposed in a zoning district where capacity is calculated by floor area ratio; or
    3. 3.
      In the event the project is proposed in an area where both subsection (1) and (2) apply, density will be calculated pursuant to section (1) above and section (5) below.
    4. 4.
      In those mixed-use residential development projects proposed in a zoning district where intensity is calculated by height, the height shall not exceed the highest currently allowed height for a commercial or residential building located in the City within one mile of the proposed development or three stories, whichever is higher.
    5. 5.
      When subsection (2) is applicable, workforce units will not be included in the density calculation.
  3. c.
    Height Exception. The City may restrict the height of a proposed mixed-use residential development to 150% of the tallest building on any property adjacent to the proposed development or three stories, whichever is higher, when proposed development is:
    1. 1.
      Adjacent to a parcel zoned for single-family residential use on two or more sides; and
    2. 2.
      Within a single-family residential development that has at least 25 contiguous single-family homes.

4) Parking Waivers: 

  1. a.
    Parking requirements are reduced by 20% for a proposed mixed-use residential development when the development is:
    1. 1.
      Located​​​ within one-half of a major transportation hub that is accessible from the proposed development by safe, pedestrian-friendly means including but not limited to sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features; or
    2. 2.
      Has available parking within 600 feet of the proposed development, which may consist of options such as on-street parking, parking lots, or parking garages available for use by the residents of the proposed development. Such parking must be accessible from the residential development by a pedestrian friendly route with sidewalks and crosswalks.
  2. b.
     Parking requirements are eliminated for a proposed mixed-use residential development within an area recognized by the City as transit-oriented development or area.

5) Review Process. A live local workforce housing development in compliance with sec. 94-551 of the zoning and land            development regulations shall be administratively reviewed.

6) Review Process Exception. Applications for local workforce housing developments not in compliance with sec. 94-551 because the project requires a variance or waiver of setback, landscape and parking requirements shall be submitted to the City Commission for Special Site Plan Review. In reviewing the application for variance or waiver of the setback, landscape, and parking requirements, the City Commission will apply the waiver and variance standards outline in 94-522.

Ord. No. 5103-24, § 4, 07-22-2024; Ord. No. 5123-25, § 3, 02-03-2025

 

Sec. 94-552 - Affordable and workforce housing overlay (AWHO) development

  • a.
    Intent. 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.
  • b.
    Qualifying property. To qualify for application under the affordable and workforce housing overlay (AWHO), the property shall meet the following minimum criteria:
    1. 1.
      The property shall have a current zoning designation of Multifamily Low Density Residential, Multifamily Medium Density Residential and Multifamily High Density Residential; or
    2. 2.
      The property shall have a current zoning designation of Office Commercial; Neighborhood Commercial, General Commercial and Professional Office Residential; or
    3. 3.
      The property shall have a current designation of Industrial Light and have direct access onto 45th  Street; or
    4. 4.
      The property shall have a current zoning designation of Industrial and have direct access onto Military Trail, 45th Street, 36th Street, Georgia Avenue north of Southern Boulevard or be located within the Jefferson Terminal District; or
    5. 5.
      The property shall have a current zoning designation of Northwood Mixed Use District or Broadway Mixed Use District.
    6. 6.
      The property shall not be located within any Single-Family zoning district; and
    7. 7.
      The property shall not be located within any Historic District; and
    8. 8.
      The property shall not be located within the Currie Mixed Use District; and
    9. 9.
      The property shall not be located within the Downtown Master Plan.
    10. 10.
      Properties designated Community Service or Community Service Planned Development that look to establish 100 percent affordable/workforce housing or establish housing to address the needs of students, the elderly or another special needs population or to create housing specific for their own workforce shall be permitted to utilize the provisions of this program. Permitted AWH density shall be determined based on underlying zoning or the zoning of adjacent properties and as permitted consistent with Comprehensive Plan Land Use Element, Policy 1.1.3;
    11. 11.
      Existing planned developments may apply under the AWHO program using its underlying residential zoning district.
  • c.
    General review standards for applications.  Applications under the AWHO program shall be reviewed based on the following general review standards, as applicable:
    1. 1.
      AWHO developments shall be consistent with, the Comprehensive Plan with an emphasis on policy 1.1.3; and the zoning and land development sections 94-35(c) site design qualitative standards; 94-201 general development standards, 94-33 unless modified by these provisions; and Article XII natural resource protection, and ARTICLE VII floodplain management, and the standards and  regulations set forth in this section 94-552.
    2. 2.
      Traffic impact, considering the impact and strategies detailed in the traffic impact report.
    3. 3.
      Impact on infrastructure and utilities, based on the impact and strategies detailed in the infrastructure capacity demand report.
    4. 4.
      The form and scale of each building shall meet the requirements for each underlying zoning district or as provided for in Table XII-1, as applicable; Any waiver or variance request must accompanied with detailed reasoning for the request within the justification statement.
    5. 5.
      Compatibility of the use with the existing natural environment of the site, historic, and archaeological sites and with the surrounding properties and adjacent neighborhoods shall be described in the justification statement for the project.
    6. 6.
      Sufficient setbacks, screening, buffering to provide landscape, light and air to preserve the internal and external harmony between properties and compatibility with the character existing and future potential neighborhood character. The proposed development shall consider any adverse effects of noise, light, dust, fumes and other nuisances to the neighboring properties.
    7. 7.
      Land area is sufficient, appropriate and adequate for the use and reasonably anticipated operations of the site for the anticipated residents and management of the development without unanticipated undue impacts on the public realm.
    8. 8.
      Income levels, unit types and locations are in compliance with this article.
    9. 9.
      If the subject property is zoned industrial, then the following additional criteria shall be considered:
      1. a.
        Conversion to a residential use will not cause negative impacts on surrounding industrial operations; and
      2. b.
        Location and surrounding land uses will not cause any adverse impacts to the health of future residents.
    10. 10.
      The application complies with subsections 94-553 (a) and (b).
  • d.
    AWHO tiers. Eligibility to process variances and waivers shall be based on the tier for which the project complies, as follows:

    • Tier One. Projects in which one hundred percent (100%) of the project units are affordable/workforce housing units, and:

    1.  
      1. 1.
        The project is a rental housing project;
      2. 2.
        The project is located in a permitted zoning district. The existing zoning shall be used as the base density for the project;
      3. 3.
        AMI. The units shall include the Area Median Income levels (AMI) as follows:
        1. a.
          Fifty percent of the bonus density units shall be affordable/workforce housing at or below 100% of the AMI.
        2. b.
          All other units will be affordable/workforce housing rental units at or below 120% of the AMI.
        3. c.
          Any requested variances or waivers meet applicable requirements to be granted.

               Tier Two. Projects that do not exceed a maximum of 40 units per acre, including any density bonus provided                       Table XVII-1, and:

    1.  
      1. 1.
         The project is a rental housing project;
      2. 2.
        The project is located in a permitted zoning district. The existing zoning shall be used as the base density for the project;
      3. 3.
        AMI. The units shall include the Area Mean Income levels (AMI) as follows:
        1. a.
          Fifty percent of the bonus density units shall be affordable/workforce housing at or below 120% of the AMI structured as follows:
          1. 1.
            25% at 80%AMI or less;
          2. 2.
            45% at 100% AMI or less;
          3. 3.
            30% at 120% AMI or less.
      4. 4.
        Project does not need variance or waiver of more than 25% of the applicable requirements, except parking and landscaping.
    2. e.
      Special Site Plan Review:
      The project meets the statutory requirements provided in 94-551(a) but requires a variance or waiver from land development regulations applicable to setback, landscaping and/or parking; or 
      AWHO projects that require fifty percent (50%) of the bonus incentive units shall be at or below 120% of the Area Mean Income (AMI); and
    3.  
      1. 1
        The project is a rental housing project;
      2. 2
        The property has been or will be rezoned within 36 months of the AWHO application submittal.
      3. 3
        AMI. The units shall include the the Area Mean Income levels (AMI) as follows:
        1. a.
          Fifty percent of the bonus density units shall be affordable/workforce housing at or below 120% of the AMI structured as follows:
          1. 1.
            25% at 80% AMI or less;
          2. 2.
            45% at 100% AMI or less;
          3. 3.
            30% at 120% AMI or less;
      4. 4
        Requested variances or waivers will meet applicable requirements to be granted.
    4. 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.
          TABLE XVII-1
     ZONING DISTRICTS PERMITED RESIDENTIAL DENSITY/ACRE* CURRENT/AWH REQUIRED AWH UNITS (MIN. 50% OF BONUS UNITS)**** SPECIFIC LOCATIONSLAND DEVELOPMENT REGULATIONS AND BUILDING HEIGHT AFFORDABILITY REQUIREMENTS*** 
     DMP

    Not Permitted

    		 
    SF-ALL
    MF-1414    /    287
    City Wide
    		Height use MF-32 zoning district regulations and provisions of Section 94-56 and Section 94-552 with limits of height to 65 ft. when adjacent to Single Family zoning districts; 90 ft. when adjacent to multifamily districts; and 105 ft. when adjacent to non-residential districts.A minimum of 50% of the bonus density/units must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer. 
    The restricted unit's affordability period of no less than 30 years.
    MF-2020    /    4010
    MF-3232    /    6416
    RTD14    /    287Limited to boundaries of the current district
    MF
    HISTORIC    		Not Permitted 
    CM32**  /    64 City WideHeight use GC zoning district regulations and provisions of Section 94-56 and Section 94-552 with limits of height to 65 ft. when adjacent to Single Family zoning districts, 90 ft. when adjacent to Multifamily zoning districts and 105 ft. when adjacent to non-residential districts.A minimum of 50% of the bonus density/units must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer.
    The restricted unit's affordability period of no less than 30 years.
    OC14**  /    287
    NC20**  /    4010
    GC32**  /    6416
    POR14    /    287
    IL0    /    3232Limited to areas with direct access onto 45th StreetHeight use GC zoning district regulations and provisions of Section 94-56 and Section 94-552 with limits of height to 65 ft. when adjacent to Single Family zoning districts, 90 ft. when adjacent to Multifamily zoning districts and 105 ft. when adjacent to non-residential zoning districts.100% affordable/workforce housing must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer.
    The restricted unit's affordability period of no less than 30 years.
    I0    /    3232Limited to areas with direct access onto 45th Street, 36th Street, Georgia Avenue north of Southern or Jefferson Terminal District
    CSResidential permitted as 5% of land area and 10% of the square footage / 6464City WideAll units to meet affordable/ workforce housing income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer. 
    The restricted unit's affordability period of no less than 30 years.
    ROS
    Not Permitted
    		 
    CON
    UT
    NMUD2 additional floors as an incentive Use NMUD regulations and provisions of Section 94-56 and section 94-552 with maximum height of 104 ft.A minimum of 50% of the bonus density/units must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. however, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer.
    The restricted unit's affordability period of no less than 30 years.
    BMUD4 additional floors not to exceed 7 floors Use BMUD regulations and provisions of Section 94-56 and Section 94-552 with maximum height of 76 ft.
    CMUDNot Permitted 
          TABLE XVII-1
     ZONING DISTRICTS PERMITED RESIDENTIAL DENSITY/ACRE* CURRENT/AWH REQUIRED AWH UNITS (MIN. 50% OF BONUS UNITS)**** SPECIFIC LOCATIONSLAND DEVELOPMENT REGULATIONS AND BUILDING HEIGHT AFFORDABILITY REQUIREMENTS*** 
     DMP

    Not Permitted

    		 
    SF-ALL
    MF-1414    /    287
    City Wide
    		Height use MF-32 zoning district regulations and provisions of Section 94-56 and Section 94-552 with limits of height to 65 ft. when adjacent to Single Family zoning districts; 90 ft. when adjacent to multifamily districts; and 105 ft. when adjacent to non-residential districts.A minimum of 50% of the bonus density/units must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer. 
    The restricted unit's affordability period of no less than 30 years.
    MF-2020    /    4010
    MF-3232    /    6416
    RTD14    /    287Limited to boundaries of the current district
    MF
    HISTORIC    		Not Permitted 
    CM32**  /    64 City WideHeight use GC zoning district regulations and provisions of Section 94-56 and Section 94-552 with limits of height to 65 ft. when adjacent to Single Family zoning districts, 90 ft. when adjacent to Multifamily zoning districts and 105 ft. when adjacent to non-residential districts.A minimum of 50% of the bonus density/units must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer.
    The restricted unit's affordability period of no less than 30 years.
    OC14**  /    287
    NC20**  /    4010
    GC32**  /    6416
    POR14    /    287
    IL0    /    3232Limited to areas with direct access onto 45th StreetHeight use GC zoning district regulations and provisions of Section 94-56 and Section 94-552 with limits of height to 65 ft. when adjacent to Single Family zoning districts, 90 ft. when adjacent to Multifamily zoning districts and 105 ft. when adjacent to non-residential zoning districts.100% affordable/workforce housing must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer.
    The restricted unit's affordability period of no less than 30 years.
    I0    /    3232Limited to areas with direct access onto 45th Street, 36th Street, Georgia Avenue north of Southern or Jefferson Terminal District
    CSResidential permitted as 5% of land area and 10% of the square footage / 6464City WideAll units to meet affordable/ workforce housing income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer. 
    The restricted unit's affordability period of no less than 30 years.
    ROS
    Not Permitted
    		 
    CON
    UT
    NMUD2 additional floors as an incentive Use NMUD regulations and provisions of Section 94-56 and section 94-552 with maximum height of 104 ft.A minimum of 50% of the bonus density/units must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. however, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer.
    The restricted unit's affordability period of no less than 30 years.
    BMUD4 additional floors not to exceed 7 floors Use BMUD regulations and provisions of Section 94-56 and Section 94-552 with maximum height of 76 ft.
    CMUDNot Permitted 
          TABLE XVII-1
     ZONING DISTRICTS PERMITED RESIDENTIAL DENSITY/ACRE* CURRENT/AWH REQUIRED AWH UNITS (MIN. 50% OF BONUS UNITS)**** SPECIFIC LOCATIONSLAND DEVELOPMENT REGULATIONS AND BUILDING HEIGHT AFFORDABILITY REQUIREMENTS*** 
     DMP

    Not Permitted

    		 
    SF-ALL
    MF-1414    /    287
    City Wide
    		Height use MF-32 zoning district regulations and provisions of Section 94-56 and Section 94-552 with limits of height to 65 ft. when adjacent to Single Family zoning districts; 90 ft. when adjacent to multifamily districts; and 105 ft. when adjacent to non-residential districts.A minimum of 50% of the bonus density/units must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer. 
    The restricted unit's affordability period of no less than 30 years.
    MF-2020    /    4010
    MF-3232    /    6416
    RTD14    /    287Limited to boundaries of the current district
    MF
    HISTORIC    		Not Permitted 
    CM32**  /    64 City WideHeight use GC zoning district regulations and provisions of Section 94-56 and Section 94-552 with limits of height to 65 ft. when adjacent to Single Family zoning districts, 90 ft. when adjacent to Multifamily zoning districts and 105 ft. when adjacent to non-residential districts.A minimum of 50% of the bonus density/units must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer.
    The restricted unit's affordability period of no less than 30 years.
    OC14**  /    287
    NC20**  /    4010
    GC32**  /    6416
    POR14    /    287
    IL0    /    3232Limited to areas with direct access onto 45th StreetHeight use GC zoning district regulations and provisions of Section 94-56 and Section 94-552 with limits of height to 65 ft. when adjacent to Single Family zoning districts, 90 ft. when adjacent to Multifamily zoning districts and 105 ft. when adjacent to non-residential zoning districts.100% affordable/workforce housing must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer.
    The restricted unit's affordability period of no less than 30 years.
    I0    /    3232Limited to areas with direct access onto 45th Street, 36th Street, Georgia Avenue north of Southern or Jefferson Terminal District
    CSResidential permitted as 5% of land area and 10% of the square footage / 6464City WideAll units to meet affordable/ workforce housing income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer. 
    The restricted unit's affordability period of no less than 30 years.
    ROS
    Not Permitted
    		 
    CON
    UT
    NMUD2 additional floors as an incentive Use NMUD regulations and provisions of Section 94-56 and section 94-552 with maximum height of 104 ft.A minimum of 50% of the bonus density/units must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. however, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer.
    The restricted unit's affordability period of no less than 30 years.
    BMUD4 additional floors not to exceed 7 floors Use BMUD regulations and provisions of Section 94-56 and Section 94-552 with maximum height of 76 ft.
    CMUDNot Permitted 
          TABLE XVII-1
     ZONING DISTRICTS PERMITED RESIDENTIAL DENSITY/ACRE* CURRENT/AWH REQUIRED AWH UNITS (MIN. 50% OF BONUS UNITS)**** SPECIFIC LOCATIONSLAND DEVELOPMENT REGULATIONS AND BUILDING HEIGHT AFFORDABILITY REQUIREMENTS*** 
     DMP

    Not Permitted

    		 
    SF-ALL
    MF-1414    /    287
    City Wide
    		Height use MF-32 zoning district regulations and provisions of Section 94-56 and Section 94-552 with limits of height to 65 ft. when adjacent to Single Family zoning districts; 90 ft. when adjacent to multifamily districts; and 105 ft. when adjacent to non-residential districts.A minimum of 50% of the bonus density/units must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer. 
    The restricted unit's affordability period of no less than 30 years.
    MF-2020    /    4010
    MF-3232    /    6416
    RTD14    /    287Limited to boundaries of the current district
    MF
    HISTORIC    		Not Permitted 
    CM32**  /    64 City WideHeight use GC zoning district regulations and provisions of Section 94-56 and Section 94-552 with limits of height to 65 ft. when adjacent to Single Family zoning districts, 90 ft. when adjacent to Multifamily zoning districts and 105 ft. when adjacent to non-residential districts.A minimum of 50% of the bonus density/units must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer.
    The restricted unit's affordability period of no less than 30 years.
    OC14**  /    287
    NC20**  /    4010
    GC32**  /    6416
    POR14    /    287
    IL0    /    3232Limited to areas with direct access onto 45th StreetHeight use GC zoning district regulations and provisions of Section 94-56 and Section 94-552 with limits of height to 65 ft. when adjacent to Single Family zoning districts, 90 ft. when adjacent to Multifamily zoning districts and 105 ft. when adjacent to non-residential zoning districts.100% affordable/workforce housing must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer.
    The restricted unit's affordability period of no less than 30 years.
    I0    /    3232Limited to areas with direct access onto 45th Street, 36th Street, Georgia Avenue north of Southern or Jefferson Terminal District
    CSResidential permitted as 5% of land area and 10% of the square footage / 6464City WideAll units to meet affordable/ workforce housing income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. However, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer. 
    The restricted unit's affordability period of no less than 30 years.
    ROS
    Not Permitted
    		 
    CON
    UT
    NMUD2 additional floors as an incentive Use NMUD regulations and provisions of Section 94-56 and section 94-552 with maximum height of 104 ft.A minimum of 50% of the bonus density/units must meet affordable/workforce income levels and rents that do not exceed comprehensive plan definitions for AMI for workforce housing. however, income levels shall be further limited in the housing monitoring agreement based on other incentives that permit maximum consideration for density and waivers or variances from land development regulations consistent with the site plan as well as by any funding provisions received by the developer.
    The restricted unit's affordability period of no less than 30 years.
    BMUD4 additional floors not to exceed 7 floors Use BMUD regulations and provisions of Section 94-56 and Section 94-552 with maximum height of 76 ft.
    CMUDNot Permitted 

    * Where FAR or percentage of use applies it may exclude AWH units from the percentage of use or FAR maximum     calculation. The maximum FAR allowed is 1.50.

    ** Residential was previously only allowed in CE land use east of I-95 and east of Australian Avenue between              Okeechobee Boulevard and Belvedere Road, now if residential AWH included then residential uses may be              permitted in these districts without a CE land use pursuant this section.

    *** The number of units and income level are determined by the individual development proposal as defined by the       approval of the Housing Incentive Development Agreement conditions of the applicable site plan review process.

    **** When a property is up zoned the 50% bonus units shall be taken from the original base zoning district.

    g. Variances and waivers. 

    1. 1.
      Tier Two projects are not eligible for variances or waivers of more then 25% of the applicable requirements, except parking and landscaping, as provided in subsections (4) and (5).
    2. 2.
      Tier One and Special Site Plan Review projects may request greater variances and waivers, provided such requests comply with the requirements of this subsection and the applicable zoning and land development regulations.
    3. 3.
      General standards. Waivers and variances may be granted upon a finding, where applicable, that the proposed project nevertheless:
      1. a.
        Will be the minimum needed to have appropriate use and reasonably anticipated operations of the development while minimizing impacts on the existing and future adjacent property in the promotion of the greater community benefit of quality workforce housing;
      2. b.
        Will be in harmony with the general character of the neighborhood considering population, density, design, scale and bulk of any proposed new structures, intensity and character of the activity, traffic and parking conditions and number of similar uses;
      3. c.
        Will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood, and will cause no objectionable noise, vibrations, fumes, odors, dust, glare or physical activity;
      4. d.
        Will have no detrimental effect on vehicular or pedestrian traffic within a district due to the detrimental effects on the permitted uses;
      5. e.
        Will not adversely affect the health, safety, security, morals or general welfare of residents, visitors, or workers in the area;
      6. f.
        Will not, in conjunction with existing development in the area and development permitted under existing zoning, overburden existing public services and facilities, including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage, and other public improvements;
      7. g.
        Will provide alternative measures consistent with the intent of the additional standards to provide protection to adjacent properties and preserve neighborhood character; and
      8. h.
        A Special Site Plan Review project seeking approval under 94-551 but requiring a waiver or variance of setback, landscaping, and/or parking regulations may not exceed the applicable density or floor/height incentive provided in Table XVII-1 by more than 15%.  
    4. 4.
       Parking waiver. A waiver of parking requirements may be granted if:
      1. a.
         A clear rational nexus between the request for less parking and the character of the development exists. Such justification may also include the character of the residents and their any non-traditional passenger vehicle usage (i.e. underage residents, senior or disabled residents);
      2. b.
        The project provides accessible internal pedestrian routes convenient to and from parking, between buildings or amenities on-site and to the main neighborhood pedestrian network with considerations for logical, direct connection to any neighboring community services;
      3. c.
         The project provides alternate transit accessibility for residents and/or transit vouchers and/or shared vehicle and/or bike stations with secure bike storage for residents , and/or as shuttle services, or provides funding to support such local transit services. Consideration for appropriate ride share drop-off and pick-up zones should be provided as dictated by the scale of the project.
      4. d.
        Tier three projects requesting greater than 25% reduction in parking requirements shall provide specific strategies and commitments for additional alternative transportation strategies to support further reduction in parking requirements. The applicant shall provide justification by utilizing one or more of the following elements:
        1. 1.
          Projects must be within a quarter mile of a transit stop, must have an accessible, pedestrian friendly route with sidewalks, crosswalks and which should include consideration of some provision for seating with shade and/or cover from elements when waiting for service;
        2. 2.
          Projects offer on site or community services within a quarter mile on an accessible, pedestrian friendly route with sidewalks, crosswalks;
        3. 3.
          Projects must have a pedestrian friendly route with sidewalks, crosswalks to a transportation hub, offering at least two forms of alternative transit including rail, bus, shuttle, or bike facilities within a half mile of the development; or to off-site parking within 600 feet of the project.
        4. 4.
          Projects must provide public pedestrian oriented improvements for sidewalk extensions, bike paths, bus shelters or other pedestrian mobility improvements that provide for better access to community serving facilities and commercial needs for residents that are within a half mile radius for the development site.
    5. 5.
      Landscaping waivers and variances: A waiver or variance of landscape and or any open space requirements may be granted if the development includes an alternative landscape plan that provides for more innovative, human and environmental function in its landscape design and still maintains appropriate perimeter, parking and mechanical screening to minimize possible off site impacts. Such alternative landscape considerations shall promote:
      1. a.
        Improved shade canopy for resident use areas through alternative plantings that may include larger planting material, more thoughtful locations like at building entrances or along pedestrian pathways or even recreation to enhance function and enjoyment by the residents and consideration for heat island effects; and
      2. b.
        More sustainable water usage through irrigation choices, bioretention, water sourcing including opportunities for water reuse like HVAC condensate, plant material selections, low impact design (LID) techniques and use of structural soils, increased open space and previous hardscape materials; and
      3. c.
        Hardscape elements and amenities like site furnishings, arbors, canopies, pergolas, or gazebos to offer shade, shelter and gathering areas for residents that compliment the site and neighborhood.

    Ord. No. 5103-24, § 4, 07-22-2024; Ord. No. 5123-25, § 3, 02-03-2025 

    Sec. 94-553 - Affordable and workforce housing unit requirements

  • a.
    Unit requirements. All affordable and workforce housing developments approved under this article shall comply with and maintain the following unit requirements during the affordability period:
    1. 1.
      The period of affordability for affordable/workforce units shall be a minimum of thirty (30) years, during which units shall be offered for rent solely to be inhabited as the primary residence by a qualified household with incomes as required by the development approval but not to exceed 120% of the AMI.
    2. 2.
      Affordable/workforce units shall be  dispersed throughout the residential development and not clustered in a particular area, floor or building of the development. Units within developments must share a common entrance with other units on site unless private entries are part of the overall project design.
    3. 3.
      The types and sizes of the affordable/workforce units shall reflect the proposed unit mix and size of the market rate units.
    4. 4.
      all affordable/workforce units shall be finished completely, including elements such as, but not limited to, appliances (refrigerator, range, built-in microwave, dishwasher, washer and dryer), finished floors, doors, light fixtures, and any other elements considered standard for a market-rate finished unit within the same building.
  • b.
    Housing development incentive agreement. 
    1. 1.
      Approval of affordable/workforce housing under this article shall be subject to execution by the developer of a housing incentives development agreement with the City prior to issuance of a building permit for the development. The executed agreement shall be recorded in the public records of Palm Beach County against the land on which the development will be constructed. Restrictive covenants and/or other documents comprising or related to the housing incentives development agreement shall also be recorded against the property.
    2. 2.
      The housing development incentive agreement shall include, but is not limited to the following provisions:
      1. a.
        Whether the project is applied for under the live local act requirements of sec. 94-551 or the AWHO requirements of sec. 94-552. If AWHO, identify the project tier pursuant to sec. 94-552(d).
      2. b.
        Full project description including uses and total number of residential units.
        Include the number, type, and size of all housing units in the project.
      3. c.
        An affordable workforce housing distribution plan that includes the number, type, location, size and phasing of construction of all affordable/workforce housing units.
      4. d.
        Identification of all incentives to be provided, including density, height, FAR.
      5. e.
        Identification   of variance or waivers granted.
      6. f.
        Identification of all incentives, monetary and non-financial, that the project proposes to incorporate.
      7. g.
        Provisions that address eligibility of qualified households including a method of determining income.
      8. h.
        Provisions that address compliance with rent and income requirements.
      9. i.
        Provisions that address lease requirements and tenant records;
      10. j.
        Provisions that address non-compliance and enforcement remedies;
      11. k.
        Provisions that address annual reporting and monitoring;
      12. l.
        Provisions that address any other compliance or programmatic requirements as negotiated by the director of housing and community development; and
      13. m.
        Any other provisions required by the City to document and secure the obligations imposed by this article and applicable other zoning and land development regulations.

    • Ord. No. 5103-24, § 4, 07-22-2024 

    Sec. 94-554 - Administration and enforcement

  • a.
    Establishing fees. The City Commission may, by resolution, establish fees necessary to administer and carry out the affordable and workforce housing program, along with compliance monitoring fees to recover the City's reasonable costs for monitoring compliance with code requirements.
  • b.
    Compliance Monitoring. The City shall monitor compliance of affordable and workforce housing projects approved under this article. The project developer, owner, manager or association shall cooperate and comply with all requests for information or inspection made as part of the City's compliance monitoring.
  • c.
    Enforcement. 
    1. 1.
      Any violation of this article, or breach of the housing incentives development agreement, is punishable pursuant to section 1-13 of this code. In addition to any other penalty provided in this section, a person violating this article shall be subject to the penalties and procedures set forth in F.S. §§ 162.22 and 162.23.
    2. 2.
      Unless otherwise specifically provided by law, a person convicted of violating this article may be sentenced to pay a fine, not to exceed $500.00, and may be sentenced to a definite term of imprisonment, not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. Each day any violation of this article shall continue shall constitute a separate offense.
    3. 3.
      Nothing contained in this section shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation, including all available code enforcement measures and penalties contained in chapter 26.

    • Ord. No. 5103-24, § 4, 07-22-2024 

    Sec. 94-555 - Conforming use

  • a.
    Completed mixed-use residential development authorized pursuant to this article will be considered a conforming use, which will continue after the affordability period expires.
  • b.
    If during the affordability period, the project fails to meet the requirements of this article and fails to cure the violation within a reasonable time, the property will be considered a non-conforming use.

    • Ord. No. 5103-24, § 4, 07-22-2024 

    Secs. 94-541—94-549, 94-556—94-570. - Reserved.