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Kings County Zoning Code § 2207 Density Bonus Agreements

Kings County Zoning Code · 2026-06 edition · updated 2026-09-09 · Kings County

Cite as: Kings County Zoning Code § 2207 · Text as of 2026-09-09

  • A. Any developer requesting a density bonus shall submit a density bonus agreement in a form approved by the County Counsel. The density bonus agreement shall be approved by resolution of the County Board of Supervisors, and shall run with the land. It shall include, but not be limited to, the following provisions, where applicable:

    1. The number of requested housing units above the amount allowed by the existing zoning, and the additional incentives requested.

    2. The number of affordable units by number of bedrooms and income group to be provided in the project.

    3. The term of affordability for affordable units, as defined in Section 2204 above.

    4. The standards for maximum qualifying incomes for affordable units.

    5. The standards for maximum rents or sales prices for affordable units.

    6. The process to be used to certify tenant/homeowner incomes.

    7. The arrangements with the Kings County Housing Authority for monitoring of the affordable Rental Housing Units.

    8. How vacancies will be marketed and filled.

    9. Restrictions and enforcement mechanisms binding on property upon sale or transfer.

    10. Penalties and enforcement mechanisms in event of failure to maintain affordability provisions.

    11. Any other provisions deemed necessary by the County of Kings.

  • B. Phasing: If a project is to be phased, the Density Bonus Agreement shall stipulate that the density bonus qualifier units shall be phased in the same proportion as the non-density bonus qualifier units, or phased in another sequence acceptable to the County.

Affordable Housing Incentives – Density Bonus Provisions

Art. 22 Page 22 - 11

DEVELOPMENT CODE

  • C. Execution of Agreement.

    1. Following Board approval of the agreement, and execution of the agreement by all parties, the County shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the County Recorder’s Office.

    2. The approval and recordation shall take place at the same time as the Final Map or, where a map is not being processed, before issuance of Building Permits for the designated dwelling units.

    3. The agreement shall be binding on all future owners, developers, and/or successors-in-interest.

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Kings County Zoning Code

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