These land development regulations shall be known and may be cited by the title "Jupiter Island Land Development Regulations."

The Jupiter Island Land Development Regulations are adopted for the following purposes:

A.

Implementing the Jupiter Island Comprehensive Plan, as adopted pursuant to Chapter 163, Part II, Florida Statutes, and Chapter 9J-5, Florida Administrative Code.

B.

Guiding and ensuring coordinated, orderly, and harmonious development in accordance with the existing and future needs of the town.

C.

Protecting, promoting and improving the public health, safety, and general welfare.

D.

Conserving the value of land, buildings and resources, and protecting landowners from adverse impacts of adjoining developments.

E.

Protecting the character and maintaining the stability of residential, recreational, open space and public areas.

F.

Assuring that necessary public facilities are made available concurrently with the impacts of development.

G.

Balancing the interest of the general public in the town with that of individual property owners.

H.

Achieving an energy-efficient and energy conserving land use design pattern, based upon greenhouse gas reduction strategies.

(Ord. No. 371, § 1, 3-12-18)

Ordinance Nos. 212, 213, 214, 215, 278, 279 and all other ordinances or parts of ordinances in conflict herewith, are hereby repealed.

A.

The town commission may from time to time on its own motion, or on petition of a property owner or group of property owners, or on recommendation of the local planning agency, amend, supplement or repeal these regulations or any part thereof. Any such amendment, supplement or repeal of the Code shall be made in accordance with the requirements of F.S. § 166.041, as amended from time to time.

B.

In reviewing any application for an amendment to the text of these land development regulations, the town commission shall consider whether the proposed amendment is consistent with and furthers the goals, policies and objectives of the comprehensive plan, and the purposes of these land development regulations and other town ordinances that implement the comprehensive plan.

A.

Interpretation as minimum requirements. In interpreting and applying the provisions of these land development regulations, all persons shall consider these regulations to be the minimum requirements for the protection, promotion and improvement of the public health, safety, morals and general welfare of the community.

B.

Interpretation—Relationship of zoning district names to former zoning district names. The zoning districts are renamed as follows:

The administrative official shall update the official zoning map to indicate the new zoning district names.

C.

Validity—Relationship to former land development regulations. It is expressly declared and determined that if for any reason these regulations should be found by any court of competent jurisdiction to be invalid or unenforceable, then the provisions of the applicable portion of the land development regulations of the town in force and effect as of the date hereof shall continue to be in full force and effect, it being the intention of the town commission that there shall exist no period of time in which the town not be comprehensively zoned and regulated.

D.

Validity—Relationship to less restrictive zoning district. In the event any court of competent jurisdiction should hold that any provision of these regulations, or the zoning map which is made a part hereof, is unconstitutional or unenforceable as to any particular parcel of land or building within the town, because the use allowed for such parcel of land or building under these regulations amounts to taking property without due process of law, or for any other reason then and in that event such parcel of land or building is hereby declared to be, and is hereby, classified under the town's zoning code in the next less restrictive classification.

E.

Severability. Should any word, paragraph, provision, part, section, division, or article hereof be held by any court of competent and final jurisdiction to be invalid, unlawful, or unconstitutional, such ruling or finding shall not affect the remaining provisions of these regulations, which shall remain in full force and effect.

(Ord. No. 312, § 6, 7-10-07; Ord. No. 349, § 1, 12-16-14)

These regulations shall take effect immediately upon enactment.

The administrative official shall:

A.

Examine all applications for permits and issue permits for the construction, alteration, enlargement and occupancy of all buildings which are in accordance with requirements of these land development regulations as provided herein;

B.

Record and file all applications for permits with accompanying plans and documents, and make such reports to the board of adjustment as may be required; and

C.

Enforce the provisions of these land development regulations as provided herein.

A.

Establishment. A local planning agency for the town is created and established.

B.

Authority; functions; powers and duties in general.

1.

The local planning agency has the authority and duty, to the extent required by law, to:

a.

Propose, or review applications for, amendments to the comprehensive plan, including the annual monitoring and evaluation of the plan in accordance with state statute and rule;

b.

To consider applications or proposals for district boundary changes (rezoning).

2.

The chair, or in his or her absence the acting chair, may administer oaths and compel the attendance of witnesses.

3.

No member shall abstain from voting unless he has a conflict of interest pursuant to the provisions of F.S. ch. 112.

C.

Composition. The local planning agency shall consist of five members appointed by the mayor with the consent of the town commission. Each member of the local planning agency must have a place of residence within the incorporated limits of the town.

D.

Alternate members. The local planning agency shall also have two alternate members appointed by the mayor with the consent of the town commission. Alternate members may act in the temporary absence or disability of any regular member, or when a regular member is disqualified in a particular case.

E.

Terms of office.

1.

The basic term of office for members of the local planning agency shall be three years; provided that each member serving at the time of adoption of these land development regulations section shall complete his or her term as originally established.

2.

The members of the local planning agency shall hold office as indicated above until the town commission's regular April meeting date of the year each member's term expires. As the initial term of each member expires, the new term of each appointed member shall be three years.

3.

Each member shall hold office until his or her successor is duly appointed and qualified.

4.

Any member appointed to serve in lieu of any member on account of death, resignation, removal or disability of such member, shall serve only for the unexpired term of such member, but shall be eligible for reappointment thereafter.

F.

Removal from office.

1.

Members shall serve at the pleasure of the town commission, which may remove any member without cause by majority vote of the entire town commission.

2.

Should any members of the local planning agency no longer maintain a residence within the incorporated limits of the town, the member shall become disqualified and a new member, who maintains a residence within the incorporated limits of the town, shall be appointed.

G.

Reappointment. Any member is eligible for reappointment.

H.

Vacancies. Any vacancy occurring shall be filled by the town commission within 60 days after the vacancy occurs.

I.

Officers. The mayor shall appoint, with the consent of the town commission, a chair and vice-chair from among the members of the local planning agency. The town clerk or his or her designee shall take all minutes and perform clerical duties necessary to the functioning of the local planning agency.

J.

Meetings and rules of procedure. The local planning agency shall have meetings at times and places to be determined by the chair. It shall adopt rules for the transaction of its business and keep a properly indexed record of its resolutions, transactions, findings and determinations, which record shall be a public record. All meetings of the local planning agency shall be open to the public, as prescribed by law.

K.

Employees and salaries. The local planning agency may, subject to the approval of the town commission and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians and staff as may be deemed proper and pay their salaries, contractual charges and fees, and such other expenses as are necessary to conduct the work of the agency.

L.

Minutes public record. The local planning agency shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or abstaining, indicating such fact. The records of the local planning agency shall be filed in the office of the town clerk and shall be a public record.

(Ord. No. 311, § 1, 3-15-07; Ord. No. 364, § 1, 4-19-17; Ord. No. 400, § 1, 10-3-24)

A.

Development review board. A development review board for the town is created and established.

B.

Authority; functions; powers and duties.

1.

The development review board shall have the authority and duty to review and decide applications for variances based upon the standards for approval of variances as set forth in article X, division 5, section 5.00.

2.

The development review board shall have the authority and duty to review and decide applications for impact review based upon the standards set forth in article X, division 2, sections 2.02, 2.03 and 2.04.

3.

The development review board shall have the authority and duty to decide applications for review and make decisions on a Unity of Title or its removal thereof.

C.

Composition. The development review board shall consist of seven members each of whom shall be appointed by the mayor with the consent of the town commission. Each member of the development review board must have a place of residence within the incorporated limits of the town. Members of the development review board shall not hold any elected public office.

D.

Alternate members. The development review board shall also have three alternate members each of whom shall be appointed by the mayor with the consent of the town commission. Alternate members may act in the absence or disability of any regular member or where a regular member has a voting conflict of interest as defined by law.

E.

Terms of office.

1.

The initial membership shall be appointed as follows: four members shall be appointed to three-year terms, and three members shall be appointed to two-year terms. Thereafter, members shall be appointed or re-appointed to three-year terms.

2.

The members of the development review board shall hold office for the term of office indicated above until the term expires. The term of a development review board member which expires may be renewed upon the appointment by the mayor with the consent of the town commission

3.

Each member shall hold office until his or her successor is duly appointed.

4.

Any member appointed to serve in lieu of any member on account of death, resignation, removal or disability, shall serve only for the unexpired term of the member.

5.

A regular or alternate board member shall be removed whenever the member does not maintain his or her residence within the incorporated municipal limits of the town.

A regular or alternate board member may be removed whenever he or she fails to attend more than two meetings during a calendar year.

Each board member shall attend at least two meetings between the months of June and September.

F.

Vacancies. Any vacancy on the development review board shall be filled within 60 days or as soon thereafter as practicable.

[G.]

Officers. The mayor shall appoint, with the consent of the town commission, a chair from among the members of the development review board.

[H.]

Meetings and rules of procedure.

1.

The development review board shall meet monthly unless there are no applications to be considered.

2.

The mayor shall appoint a chairperson who shall serve for three calendar years. The chairperson shall be rotated every three years.

3.

The development review board may adopt rules for the transaction of its business.

4.

The administrative official or his or her designee shall attend all meetings and present a report on the applications to be considered by the development review board, provide such testimony and evidence as necessary to inform the board about an application and make such recommendations as appropriate regarding the application.

5.

No action shall be taken on any application unless a quorum of four members is present, and only upon a majority vote of all members present and voting

6.

The development review board or any of its members may inspect the premises, site or area which is the subject of an application.

7.

All decisions of the development review board shall be reflected in a rendered written development order.

8.

All meetings of the development review board shall be open to the public, as provided by law.

(Ord. No. 411, § 2, 9-16-25)

Editor's note— Ord. No. 411, § 2, adopted Sept. 16, 2025, repealed the former Art. I, § 3.01, and enacted a new § 3.01 as set out herein. The former § 3.01 pertained to board of adjustment and derived from Ord. No. 293, § 1(Exh. A), adopted Oct. 6, 2004; Ord. No. 305, § 1, adopted Sept. 12, 06; Ord. No. 401, § 2, adopted Dec. 6, 2024.

Editor's note— Ord. No. 411, § 2, adopted Sept. 16, 2025, repealed Art. I, § 3.02, which pertained to impact review committee and derived from Ord. No. 293, § 1(Exh. A), adopted Oct. 6, 2004.

The town commission's powers and duties under these land development regulations shall be as follows:

A.

Authority. The town commission has the authority to:

1.

Review and decide:

a.

Applications for subdivision approval;

b.

Applications for district boundary changes;

c.

Applications for certificates of appropriateness for alterations to historic buildings and landmarks;

d.

Applications for text amendments to these land development regulations; and

e.

Applications for comprehensive plan amendments

f.

Development orders approved by the development review board in accordance with the procedure established in subsection 9., below.

2.

Hear appeals from decisions of the development review board, and administrative official.

3.

Amend the comprehensive plan.

4.

Amend or repeal any or all of these land development regulations, including the official zoning map.

5.

Determine whether a proposed use is of the same general character as a permitted use.

6.

Exercise all other powers and carry out all other duties provided by Florida Law and these land development regulations.

7.

The mayor, or in his or her absence the vice mayor, may administer oaths and compel the attendance of witnesses.

8.

The town commission shall have the authority to review any application or proposal for development or improvements in the PLD or CPD zoning districts. The town commission may apply standards set forth in division 2, section 2.02 for impact review and any goals, objectives, or policies of the town's comprehensive plan it determines to be appropriate. The town commission shall have the authority to apply conditions to [mitigate the impact] of any application or proposal for development or improvements within the PLD or CPD zoning districts.

9.

The town commission shall have the authority to review a development order of the development review board upon a request made by a member of the town commission in accordance with the following:

a.

The member of the town commission requesting review must submit a written request to the town manager within ten days of the date of the development order approved and rendered. Upon the town manager's receipt of the request, the time for the appeal of the development order rendered shall be tolled. The request shall be placed on the agenda of the next commission meeting.

b.

If three members of the town commission vote to consider the request, the town manger shall then schedule the request for consideration by the town commission at its next meeting. The hearing to review the request shall be conducted as a de novo, quasi-judicial public hearing of the town commission.

c.

Following the town commission's hearing, then by a vote of a supermajority of the town commission, the development order rendered by development review board may be denied, or affirmed with amendments to the development order. If the development order rendered by the development review board is denied, or affirmed with amendments, the town attorney shall prepare a final order reflecting the town commission's decision.

d.

The final order of the town commission may be appealed within 30 days of its rendition by a person or entity with standing to the circuit court in and for the 19th Judicial Circuit of Florida.

B.

Vote required. No member shall abstain from voting unless he has a conflict of interest pursuant to the provisions of F.S. ch. 112.

(Ord. No. 401, § 2, 12-6-24; Ord. No. 409, § 2, 9-16-25)

The provisions of this division shall apply to all quasi-judicial decisions in the town.

Any person not otherwise prohibited by statute, charter provision, or ordinance may discuss with any local public official the merits of any matter on which action may be taken by any board or committee on which the local public official is a member. Adherence to the following procedures shall remove the presumption of prejudice arising from ex parte communications with local public officials:

A.

The substance of any ex parte communication with a local public official which relates to quasi-judicial action pending before the official is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group, or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter.

B.

A local public official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action, and such written communication shall be made a part of the record before final action on the matter.

C.

Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter.

D.

Disclosure made pursuant to paragraphs A., B., and C. must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication. This paragraph does not subject local public officials to [F.S.] part III of chapter 112 for not complying with this section.