ZONING DISTRICTS
Editor's note— Ord. No. 349, § 2, adopted Dec. 16, 2014, renumbered App. A, Art. III, Divs. 8—10 as Divs. 9—11.
Editor's note— Former Division 9. See editor's note at Division 9.
Editor's note— Former Division 10. See editor's note at Division 9.
A.
The town is divided into the following zoning districts:
1.
2-Acre Estate Residential District "A-80".
2.
1-Acre Estate Residential District "B-40".
3.
Central Riverfront Residential District "C-35".
4.
Island Core Residential District "D-25".
5.
Island Core Residential District "E-12".
6.
Island Core Residential District "F-15".
7.
South Island Residential District "G-35".
8.
Recreation Club District "RCD".
9.
Public Lands District "PLD".
10.
Conservation/Preservation District "CPD".
B.
These districts shall apply to all land in the town in the manner shown on a map entitled the Official Zoning Map of the Town of Jupiter Island ("official zoning map"), which is provided in Exhibit "B" to these land development regulations.
(Ord. No. 349, § 2, 12-16-14)
Where uncertainty exists with respect to the location of any district boundaries as shown on the official zoning map, the following rules shall govern:
A.
Where district boundaries follow the outside lines of plats which have been recorded in the public records of Martin or Palm Beach County, Florida, such outside lines of plats shall be the boundaries of the district.
B.
Where district boundaries follow recorded lot lines, such lot lines shall be the boundaries of the district.
C.
Where district boundaries follow the ocean, a stream, a lake or any other body of water, the boundary line shall be the limit of the jurisdiction of the town unless otherwise indicated on the official zoning map.
D.
If, for any reason, it is determined that any land is not located within a zoning district on the official zoning map, the property shall be deemed to be located within the B-40 District determined to be otherwise by the town commission.
Except as hereinafter provided, no building, structure, or land shall be used or occupied, and no building, structure, or part thereof shall be erected, moved, or altered, except in conformity with the regulations of this article for the zoning district in which the building or land is located.
The following uses are permitted in the A-80 District:
A.
Single-family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as a variance by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 334, § 2, 5-16-11; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 3, 12-6-24)
The following uses are prohibited in the A-80 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling, which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 337, § 2, 12-13-11; Ord. No. 401, § 3, 12-6-24)
Development within the A-80 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per two acres of lot area.
B.
Building limit. No lot shall be developed with more than one single-family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is two acres.
E.
Minimum lot width. The minimum lot width is 200 feet.
F.
Permitted floor area. The maximum floor area permitted on any lot within this district shall not exceed a floor area of:
1.
Seventeen and one-quarter percent of the lot area that is less than or equal to one acre; plus
2.
Seven percent of the lot area that is greater than one acre, but less than or equal to four acres; plus
3.
Three and one-half percent of the lot area that is greater than four acres.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 50 feet.
2.
Side yard:
a.
Twenty-five feet for one-story buildings.
b.
Thirty feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines, Exhibit A)
3.
Rear yard: 50 feet except for waterfront lots, which shall comply with article IV, section 3.02.
I.
Permitted encroachments. Eaves and overhangs of 30 inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped area shall be 50 percent of the lot area.
(Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the B-40 District:
A.
Single-family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as an accessory use by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 334, § 3, 5-16-11; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 4, 12-6-24)
The following uses are prohibited in the B-40 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 337, § 3, 12-13-11; Ord. No. 401, § 4, 12-6-24)
Development within the B-40 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per acre of lot area.
B.
Building limit. No lot shall be developed with more than one single-family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is one acres.
E.
Minimum lot width. The minimum lot width is 140 feet.
F.
Permitted floor area.
1.
The maximum floor area permitted on any lot within this district shall not exceed a floor area of:
a.
Seventeen and one-quarter percent of the lot area that is less than or equal to one acre; plus
b.
Seven percent of the lot area that is greater than one acre, but less than or equal to four acres; plus
c.
Three and one-half percent of the lot area that is greater than four acres.
2.
For the purpose of calculating maximum floor area, the lot area of two lots which are separated by a roadway may be combined, if:
a.
The lot from which the floor area is transferred lies between the Intracoastal Waterway and a public road, and due to the location of the waterfront setback line and the setback requirements of the B-40 district, cannot reasonably be developed with a building; and
b.
The lots which are the subject of the transfer of floor area:
(1)
Are legally described as a single lot; or
(2)
Are subject to a unity of title; or
(3)
Are held under common ownership and a unity of title in recordable form is provided by the applicant and approved by the town in conjunction with the transfer of floor area; and
c.
A "no build" easement over the property from which the floor area has been transferred is provided by the applicant in recordable form and approved by the town in conjunction with the transfer of floor area.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 50 feet.
2.
Side yard:
a.
Twenty feet for one-story buildings.
b.
Twenty-five feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines, Exhibit A)
3.
Rear yard: 50 feet except for waterfront lots, which shall comply with article IV, section 3.02.
I.
Permitted encroachments. Eaves and overhangs of 30 inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped area shall be 50 percent of the lot area.
(Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the C-35 District:
A.
Single-family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as an accessory use by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 334, § 4, 5-16-11; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 5, 12-6-24)
The following uses are prohibited in the C-35 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 337, § 4, 12-13-11; Ord. No. 401, § 5, 12-6-24)
Development within the C-35 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per 35,000 square feet of lot area.
B.
Building limit. No lot shall be developed with more than one single family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is 35,000 square feet.
E.
Minimum width of lot. The minimum width of a lot shall be 125 feet, measured at the front yard setback line and along the shore of the riverfront.
F.
Percentage of lot coverage.
1.
The maximum floor area permitted on any lot within this district shall not exceed a floor area of:
a.
Twenty percent of the lot area that is less than or equal to one acre; plus
b.
Ten percent of the lot area that is greater than one acre, but less than or equal to four acres;
c.
Three and one-half percent of the lot area that is greater than four acres.
2.
Second story portions of a single building shall not exceed 50 percent of the first floor footprint.
3.
The maximum floor area of a single building including second story shall not exceed 10,000 square feet.
4.
The following are excluded from the calculation of lot coverage in the C-35 District:
a.
Eaves and overhangs not wider than 30 inches.
b.
One-story porches and/or porticos and or pergolas which do not exceed ten percent of the total lot cover.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 30 feet.
2.
Side yard:
a.
Twenty feet for one-story buildings.
b.
Twenty-five feet for two-story buildings.
3.
Rear yard: 35 feet, except for waterfront lots, which shall comply with article IV, section 3.02.
I.
Permitted encroachments. Eaves and overhangs of 30 inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped area shall be 30 percent of the lot area.
(Ord. No. 325, § 1, 8-7-09; Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the D-25 District:
A.
Single-family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as an accessory use by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 334, § 5, 5-16-11; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 6, 12-6-24)
The following uses are prohibited in the D-25 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 337, § 5, 12-13-11; Ord. No. 401, § 6, 12-6-24)
Development within the D-25 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per 25,000 square feet of lot area.
B.
Building limit. No lot shall be developed with more than one single-family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is 25,000 square feet.
E.
Minimum lot width. The minimum lot width is 100 feet.
F.
Permitted floor area. The maximum floor area permitted on any lot within this district shall not exceed:
1.
If the lot area is less than 37,500 square feet: 3,750 square feet or 20 percent of lot area, whichever is greater.
2.
If the lot area is greater than 37,500 square feet but less than or equal to one acre: 7,500 square feet.
3.
If the lot area is greater than one acre but less than or equal to four acres: 7,500 square feet plus seven percent of the lot area that is greater than one acre.
4.
If the lot area is greater than four acres: 16,650 square feet plus three and one-half percent of the lot area that is greater than four acres.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 30 feet.
2.
Side yard:
a.
If the lot width is 125 feet or less:
(1)
Twenty feet for one-story buildings.
(2)
Twenty-five feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines, Exhibit A)
b.
If the lot width is greater than 125 feet:
(1)
Twenty-five feet for one-story buildings.
(2)
Thirty feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines, Exhibit A)
3.
Rear yard: 35 feet except for waterfront lots, which shall comply with article IV, section 3.02.
I.
Permitted encroachments. Eaves and overhangs of thirty (30) inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped open space shall be equal to 30 percent of the lot area that is less than or equal to 25,000 square feet and 50 percent of the lot area that is greater than 25,000 square feet.
(Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the E-12 District:
A.
Single-family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as an accessory use by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 334, § 6, 5-16-11; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 7, 12-6-24)
The following uses are prohibited in the E-12 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 337, § 6, 12-13-11; Ord. No. 401, § 7, 12-6-24)
Development within the E-12 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per 12,500 square feet of lot area.
B.
Building limit. No lot shall be developed with more than one single-family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is 12,500 square feet.
E.
Minimum lot width. The minimum lot width is 100 feet.
F.
Permitted floor area. The maximum floor area permitted on any lot within this district shall not exceed:
1.
If the lot area is less than 37,500 square feet: 3,750 square feet or 20 percent of lot area, whichever is greater.
2.
If the lot area is greater than 37,500 square feet but less than or equal to one acre: 7,500 square feet.
3.
If the lot area is greater than one acre but less than or equal to four acres: 7,500 square feet plus seven percent of the lot area that is greater than one acre.
4.
If the lot area is greater than four acres: 16,650 square feet plus three and one-half percent of the lot area that is greater than four acres.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 30 feet.
2.
Side yard:
a.
If the lot width is 125 feet or less:
(1)
Twenty feet for one-story buildings.
(2)
Twenty-five feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines, Exhibit A)
b.
If the lot width is greater than 125 feet:
(1)
Twenty-five feet for one-story buildings.
(2)
Thirty feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines, Exhibit A)
3.
Rear yard: 35 feet except for waterfront lots, which shall comply with article IV, section 3.02.
I.
Permitted encroachments. Eaves and overhangs of 30 inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped open space shall be equal to 30 percent of the lot area that is less than or equal to 25,000 square feet and 50 percent of the lot area that is greater than 25,000 square feet.
(Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the F-15 District:
A.
Single family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as an accessory use by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 312, § 3, 7-10-07; Ord. No. 334, § 7, 5-16-11; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 8, 12-6-24)
The following uses are prohibited in the F-15 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 312, § 3, 7-10-07; Ord. No. 337, § 7, 12-13-11; Ord. No. 401, § 8, 12-6-24)
Development with in the F-15 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per 15,000 square feet of lot area.
B.
Building limit. No lot shall be developed with more than one single family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is 15,000 square feet.
E.
Minimum lot width. The minimum lot width is 100 feet.
F.
Permitted floor area. The maximum floor area permitted on any lot within this district shall not exceed:
1.
If the lot area is less than 37,500 square feet: 3,750 square feet or 20% of lot area, whichever is greater.
2.
If the lot area is greater than 37,500 square feet but less than or equal to one acre: 7,500 square feet.
3.
If the lot area is greater than one acre but less than or equal to four acres: 7,500 square feet plus seven percent of the lot area that is greater than one acre.
4.
If the lot area is greater than four acres: 16,650 square feet plus three and one-half percent of the lot area that is greater than four acres.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 30 feet.
2.
Side yard:
a.
If the lot width is 125 feet or less:
(1)
Twenty feet for one-story buildings.
(2)
Twenty-five feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines)
b.
If the lot width is greater than 125 feet:
(1)
Twenty-five feet for one-story buildings.
(2)
Thirty feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines)
3.
Rear yard: 35 feet except for waterfront lots, which shall comply with Article IV, Section 3.02.
I.
Permitted encroachments. Eaves and overhangs of 30 inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped open space shall be equal to 30 percent of the lot area that is less than or equal to 25,000 square feet and 50 percent of the lot area that is greater than 25,000 square feet.
(Ord. No. 312, § 3, 7-10-07; Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the G-35 District:
A.
Single family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as an accessory use by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 349, § 2, 12-16-14; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 9, 12-6-24)
The following uses are prohibited in the G-35 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 349, § 2, 12-16-14; Ord. No. 401, § 9, 12-6-24)
Development within the G-35 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per acre of lot area.
B.
Building limit. No lot shall be developed with more than one single family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is one acres.
E.
Minimum lot width. The minimum lot width is 100 feet.
F.
Permitted floor area.
1.
The maximum floor area permitted on any lot within this district shall not exceed a floor area of:
a.
Nineteen percent of the lot area that is less than or equal to one acre; plus
b.
Seven percent of the lot area that is greater than one acre, but less than or equal to four acres; plus
c.
Three and one-half percent of the lot area that is greater than four acres.
2.
For the purpose of calculating maximum floor area, the lot area of two lots which are separated by a roadway may be combined, if:
a.
The lot from which the floor area is transferred lies between the Intracoastal Waterway and a public road, and due to the location of the waterfront setback line and the setback requirements of the G-35 district, cannot reasonably be developed with a building; and
b.
The lots which are the subject of the transfer of floor area:
(1)
Are legally described as a single lot; or
(2)
Are subject to a unity of title; or
(3)
Are held under common ownership and a unity of title in recordable form is provided by the applicant and approved by the town in conjunction with the transfer of floor area; and
c.
A "no build" easement over the property from which the floor area has been transferred is provided by the applicant in recordable form and approved by the town in conjunction with the transfer of floor area.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 50 feet.
2.
Side yard:
a.
If the lot width is 125 feet or less:
(1)
Fifteen feet for one-story buildings.
(2)
Twenty feet for two-story buildings.
b.
If the lot width is greater than 125 feet:
(1)
Twenty feet for one-story buildings.
(2)
Twenty-five feet for two-story buildings.
3.
Rear yard: Waterfront lots shall comply with article IV, section 3.02.
I.
Permitted encroachments. Eaves and overhangs of 30 inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped area shall be 50 percent of the lot area.
(Ord. No. 349, § 2, 12-16-14; Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the RCD District:
A.
Private recreational clubs.
B.
Medical facilities open to the general public which do not exceed 1,000 square feet of floor area in the aggregate.
C.
Accessory uses to private recreational clubs which are available only to serve the members and guests of such clubs, including the following:
1.
Stores and shops;
2.
Personal service shops;
3.
Offices, restaurants and similar community services;
4.
Docks, dune crossovers, and accessory uses;
5.
Lodging houses for club members and guests;
6.
Dormitories for club employees;
7.
Such accessory buildings and uses as are normally incident to the uses permitted in the District; and
8.
Other uses, if approved by the town commission upon a showing by the applicant that the proposed use is of the same general character as one or more of the listed permitted uses.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 349, § 2, 12-16-14)
Any use not specifically permitted in these regulations is prohibited in the RCD District.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 337, § 8, 12-13-11; Ord. No. 349, § 2, 12-16-14; Ord. No. 401, § 10, 12-6-24)
Development within the RCD District shall comply with the following standards:
A.
Building height. The height of any building shall not exceed two stories.
B.
Maximum lot coverage. The total amount of coverage for all buildings, including accessory buildings, shall not exceed 25 percent of the lot area on which the principal permitted use is located.
C.
Required yards. Each building shall have front, side and rear yard depths equal to or greater than the yards required in the A-80 District.
D.
Permitted encroachments.
1.
Eaves and overhangs of 30 inches in depth may encroach into any required yard.
2.
Any structure used for irrigation or used in connection with producing water from wells within the RCD District may be located within required front, side and rear yards provided that such structure is screened by landscape material.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 349, § 2, 12-16-14)
Public buildings, grounds and facilities related to the provision of public services to the residents of the town are permitted in the PLD District. No more than one wireless communications tower per lot is permitted as an accessory use.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 349, § 2, 12-16-14)
Any use not specifically permitted in these regulations is prohibited in the PLD District.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 337, § 9, 12-13-11; Ord. No. 349, § 2, 12-16-14; Ord. No. 401, § 11, 12-6-24)
Development within the PLD District shall comply with the following standards:
A.
Building height. The height of any building shall not exceed two stories.
B.
Maximum lot coverage. The total amount of coverage for all buildings, including accessory buildings, shall not exceed 25 percent of the lot area on which the principal permitted use is located.
C.
Required yards. Each building shall have front, side and rear yard depths equal to or greater than the yards required in the A-80 District.
D.
Permitted encroachments.
1.
Eaves and overhangs of 30 inches in depth may encroach into any required yard.
2.
Any structure used for irrigation or used in connection with producing water from wells within the PLD District may be located within required front, side and rear yards provided that such structure is screened by landscape material.
E.
[Beach access.] The points of beach access: At the town's south end, the Nature Conservancy's Blowing Rocks Beach; in the central town at the County's Hobe Sound Beach Park; at the north end, the National Wildlife Refuge Park shall not be discontinued for beach access nor shall any additional points of beach access be permitted.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 331, § 1, 4-13-11; Ord. No. 349, § 2, 12-16-14)
The following uses are permitted in the CPD District:
A.
Flood control management, flood plain management, fisheries management, vegetation communities, or wildlife habitats.
B.
Accessory structures which are clearly incidental to a permitted principal use if approved by the town commission upon a showing by the applicant that the proposed structure is consistent with one or more of the listed permitted uses.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 349, § 2, 12-16-14)
Any use not specifically permitted in these regulations is prohibited in the CPD District.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 337, § 10, 12-13-11; Ord. No. 349, § 2, 12-16-14; Ord. No. 401, § 12, 12-6-24)
Development within the CPD District shall comply with the following standards:
A.
Building height. The height of any building shall not exceed two stories.
B.
Maximum lot coverage. The total amount of coverage for all buildings, including accessory buildings, shall not exceed ten percent of the lot area.
C.
Required yards. Each building shall have front, side and rear yard depths equal to or greater than the yards required in the A-80 District.
D.
Permitted encroachments.
1.
Eaves and overhangs of 30 inches in depth may encroach into any required yard.
2.
Any structure used for irrigation or used in connection with producing water from wells within the CPD District may be located within required front, side and rear yards provided that such structure is screened by landscape material.
E.
No net loss of open space shall be permitted. In instances where new structures are permitted, there shall be required additional dedicated open space equal to or exceeding the space used for such structures.
F.
[Beach access.] The points of beach access: At the town's south end, the Nature Conservancy's Blowing Rocks Beach; in the central town at the County's Hobe Sound Beach Park; at the north end, the National Wildlife Refuge Park shall not be discontinued for beach access nor shall any additional points of beach access be permitted.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 331, § 2, 4-13-11; Ord. No. 349, § 2, 12-16-14)
ZONING DISTRICTS
Editor's note— Ord. No. 349, § 2, adopted Dec. 16, 2014, renumbered App. A, Art. III, Divs. 8—10 as Divs. 9—11.
Editor's note— Former Division 9. See editor's note at Division 9.
Editor's note— Former Division 10. See editor's note at Division 9.
A.
The town is divided into the following zoning districts:
1.
2-Acre Estate Residential District "A-80".
2.
1-Acre Estate Residential District "B-40".
3.
Central Riverfront Residential District "C-35".
4.
Island Core Residential District "D-25".
5.
Island Core Residential District "E-12".
6.
Island Core Residential District "F-15".
7.
South Island Residential District "G-35".
8.
Recreation Club District "RCD".
9.
Public Lands District "PLD".
10.
Conservation/Preservation District "CPD".
B.
These districts shall apply to all land in the town in the manner shown on a map entitled the Official Zoning Map of the Town of Jupiter Island ("official zoning map"), which is provided in Exhibit "B" to these land development regulations.
(Ord. No. 349, § 2, 12-16-14)
Where uncertainty exists with respect to the location of any district boundaries as shown on the official zoning map, the following rules shall govern:
A.
Where district boundaries follow the outside lines of plats which have been recorded in the public records of Martin or Palm Beach County, Florida, such outside lines of plats shall be the boundaries of the district.
B.
Where district boundaries follow recorded lot lines, such lot lines shall be the boundaries of the district.
C.
Where district boundaries follow the ocean, a stream, a lake or any other body of water, the boundary line shall be the limit of the jurisdiction of the town unless otherwise indicated on the official zoning map.
D.
If, for any reason, it is determined that any land is not located within a zoning district on the official zoning map, the property shall be deemed to be located within the B-40 District determined to be otherwise by the town commission.
Except as hereinafter provided, no building, structure, or land shall be used or occupied, and no building, structure, or part thereof shall be erected, moved, or altered, except in conformity with the regulations of this article for the zoning district in which the building or land is located.
The following uses are permitted in the A-80 District:
A.
Single-family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as a variance by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 334, § 2, 5-16-11; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 3, 12-6-24)
The following uses are prohibited in the A-80 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling, which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 337, § 2, 12-13-11; Ord. No. 401, § 3, 12-6-24)
Development within the A-80 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per two acres of lot area.
B.
Building limit. No lot shall be developed with more than one single-family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is two acres.
E.
Minimum lot width. The minimum lot width is 200 feet.
F.
Permitted floor area. The maximum floor area permitted on any lot within this district shall not exceed a floor area of:
1.
Seventeen and one-quarter percent of the lot area that is less than or equal to one acre; plus
2.
Seven percent of the lot area that is greater than one acre, but less than or equal to four acres; plus
3.
Three and one-half percent of the lot area that is greater than four acres.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 50 feet.
2.
Side yard:
a.
Twenty-five feet for one-story buildings.
b.
Thirty feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines, Exhibit A)
3.
Rear yard: 50 feet except for waterfront lots, which shall comply with article IV, section 3.02.
I.
Permitted encroachments. Eaves and overhangs of 30 inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped area shall be 50 percent of the lot area.
(Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the B-40 District:
A.
Single-family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as an accessory use by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 334, § 3, 5-16-11; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 4, 12-6-24)
The following uses are prohibited in the B-40 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 337, § 3, 12-13-11; Ord. No. 401, § 4, 12-6-24)
Development within the B-40 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per acre of lot area.
B.
Building limit. No lot shall be developed with more than one single-family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is one acres.
E.
Minimum lot width. The minimum lot width is 140 feet.
F.
Permitted floor area.
1.
The maximum floor area permitted on any lot within this district shall not exceed a floor area of:
a.
Seventeen and one-quarter percent of the lot area that is less than or equal to one acre; plus
b.
Seven percent of the lot area that is greater than one acre, but less than or equal to four acres; plus
c.
Three and one-half percent of the lot area that is greater than four acres.
2.
For the purpose of calculating maximum floor area, the lot area of two lots which are separated by a roadway may be combined, if:
a.
The lot from which the floor area is transferred lies between the Intracoastal Waterway and a public road, and due to the location of the waterfront setback line and the setback requirements of the B-40 district, cannot reasonably be developed with a building; and
b.
The lots which are the subject of the transfer of floor area:
(1)
Are legally described as a single lot; or
(2)
Are subject to a unity of title; or
(3)
Are held under common ownership and a unity of title in recordable form is provided by the applicant and approved by the town in conjunction with the transfer of floor area; and
c.
A "no build" easement over the property from which the floor area has been transferred is provided by the applicant in recordable form and approved by the town in conjunction with the transfer of floor area.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 50 feet.
2.
Side yard:
a.
Twenty feet for one-story buildings.
b.
Twenty-five feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines, Exhibit A)
3.
Rear yard: 50 feet except for waterfront lots, which shall comply with article IV, section 3.02.
I.
Permitted encroachments. Eaves and overhangs of 30 inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped area shall be 50 percent of the lot area.
(Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the C-35 District:
A.
Single-family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as an accessory use by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 334, § 4, 5-16-11; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 5, 12-6-24)
The following uses are prohibited in the C-35 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 337, § 4, 12-13-11; Ord. No. 401, § 5, 12-6-24)
Development within the C-35 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per 35,000 square feet of lot area.
B.
Building limit. No lot shall be developed with more than one single family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is 35,000 square feet.
E.
Minimum width of lot. The minimum width of a lot shall be 125 feet, measured at the front yard setback line and along the shore of the riverfront.
F.
Percentage of lot coverage.
1.
The maximum floor area permitted on any lot within this district shall not exceed a floor area of:
a.
Twenty percent of the lot area that is less than or equal to one acre; plus
b.
Ten percent of the lot area that is greater than one acre, but less than or equal to four acres;
c.
Three and one-half percent of the lot area that is greater than four acres.
2.
Second story portions of a single building shall not exceed 50 percent of the first floor footprint.
3.
The maximum floor area of a single building including second story shall not exceed 10,000 square feet.
4.
The following are excluded from the calculation of lot coverage in the C-35 District:
a.
Eaves and overhangs not wider than 30 inches.
b.
One-story porches and/or porticos and or pergolas which do not exceed ten percent of the total lot cover.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 30 feet.
2.
Side yard:
a.
Twenty feet for one-story buildings.
b.
Twenty-five feet for two-story buildings.
3.
Rear yard: 35 feet, except for waterfront lots, which shall comply with article IV, section 3.02.
I.
Permitted encroachments. Eaves and overhangs of 30 inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped area shall be 30 percent of the lot area.
(Ord. No. 325, § 1, 8-7-09; Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the D-25 District:
A.
Single-family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as an accessory use by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 334, § 5, 5-16-11; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 6, 12-6-24)
The following uses are prohibited in the D-25 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 337, § 5, 12-13-11; Ord. No. 401, § 6, 12-6-24)
Development within the D-25 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per 25,000 square feet of lot area.
B.
Building limit. No lot shall be developed with more than one single-family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is 25,000 square feet.
E.
Minimum lot width. The minimum lot width is 100 feet.
F.
Permitted floor area. The maximum floor area permitted on any lot within this district shall not exceed:
1.
If the lot area is less than 37,500 square feet: 3,750 square feet or 20 percent of lot area, whichever is greater.
2.
If the lot area is greater than 37,500 square feet but less than or equal to one acre: 7,500 square feet.
3.
If the lot area is greater than one acre but less than or equal to four acres: 7,500 square feet plus seven percent of the lot area that is greater than one acre.
4.
If the lot area is greater than four acres: 16,650 square feet plus three and one-half percent of the lot area that is greater than four acres.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 30 feet.
2.
Side yard:
a.
If the lot width is 125 feet or less:
(1)
Twenty feet for one-story buildings.
(2)
Twenty-five feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines, Exhibit A)
b.
If the lot width is greater than 125 feet:
(1)
Twenty-five feet for one-story buildings.
(2)
Thirty feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines, Exhibit A)
3.
Rear yard: 35 feet except for waterfront lots, which shall comply with article IV, section 3.02.
I.
Permitted encroachments. Eaves and overhangs of thirty (30) inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped open space shall be equal to 30 percent of the lot area that is less than or equal to 25,000 square feet and 50 percent of the lot area that is greater than 25,000 square feet.
(Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the E-12 District:
A.
Single-family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as an accessory use by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 334, § 6, 5-16-11; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 7, 12-6-24)
The following uses are prohibited in the E-12 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 337, § 6, 12-13-11; Ord. No. 401, § 7, 12-6-24)
Development within the E-12 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per 12,500 square feet of lot area.
B.
Building limit. No lot shall be developed with more than one single-family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is 12,500 square feet.
E.
Minimum lot width. The minimum lot width is 100 feet.
F.
Permitted floor area. The maximum floor area permitted on any lot within this district shall not exceed:
1.
If the lot area is less than 37,500 square feet: 3,750 square feet or 20 percent of lot area, whichever is greater.
2.
If the lot area is greater than 37,500 square feet but less than or equal to one acre: 7,500 square feet.
3.
If the lot area is greater than one acre but less than or equal to four acres: 7,500 square feet plus seven percent of the lot area that is greater than one acre.
4.
If the lot area is greater than four acres: 16,650 square feet plus three and one-half percent of the lot area that is greater than four acres.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 30 feet.
2.
Side yard:
a.
If the lot width is 125 feet or less:
(1)
Twenty feet for one-story buildings.
(2)
Twenty-five feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines, Exhibit A)
b.
If the lot width is greater than 125 feet:
(1)
Twenty-five feet for one-story buildings.
(2)
Thirty feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines, Exhibit A)
3.
Rear yard: 35 feet except for waterfront lots, which shall comply with article IV, section 3.02.
I.
Permitted encroachments. Eaves and overhangs of 30 inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped open space shall be equal to 30 percent of the lot area that is less than or equal to 25,000 square feet and 50 percent of the lot area that is greater than 25,000 square feet.
(Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the F-15 District:
A.
Single family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as an accessory use by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 312, § 3, 7-10-07; Ord. No. 334, § 7, 5-16-11; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 8, 12-6-24)
The following uses are prohibited in the F-15 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 312, § 3, 7-10-07; Ord. No. 337, § 7, 12-13-11; Ord. No. 401, § 8, 12-6-24)
Development with in the F-15 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per 15,000 square feet of lot area.
B.
Building limit. No lot shall be developed with more than one single family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is 15,000 square feet.
E.
Minimum lot width. The minimum lot width is 100 feet.
F.
Permitted floor area. The maximum floor area permitted on any lot within this district shall not exceed:
1.
If the lot area is less than 37,500 square feet: 3,750 square feet or 20% of lot area, whichever is greater.
2.
If the lot area is greater than 37,500 square feet but less than or equal to one acre: 7,500 square feet.
3.
If the lot area is greater than one acre but less than or equal to four acres: 7,500 square feet plus seven percent of the lot area that is greater than one acre.
4.
If the lot area is greater than four acres: 16,650 square feet plus three and one-half percent of the lot area that is greater than four acres.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 30 feet.
2.
Side yard:
a.
If the lot width is 125 feet or less:
(1)
Twenty feet for one-story buildings.
(2)
Twenty-five feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines)
b.
If the lot width is greater than 125 feet:
(1)
Twenty-five feet for one-story buildings.
(2)
Thirty feet for two-story buildings. (See Illustration 7: One- and Two-Story Setback Lines)
3.
Rear yard: 35 feet except for waterfront lots, which shall comply with Article IV, Section 3.02.
I.
Permitted encroachments. Eaves and overhangs of 30 inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped open space shall be equal to 30 percent of the lot area that is less than or equal to 25,000 square feet and 50 percent of the lot area that is greater than 25,000 square feet.
(Ord. No. 312, § 3, 7-10-07; Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the G-35 District:
A.
Single family dwelling.
B.
Accessory uses which are customarily and typically incidental to a single family detached dwelling and do not involve any business activity, including staff quarters, garages and surface parking, guest houses, beach houses, greenhouses, garden storage structures, tennis courts, swimming pools, docks and dune crossovers. No more than two accessory buildings for living quarters shall be permitted. Pickleball courts shall be prohibited. Accessory uses not listed herein are prohibited, unless approved as an accessory use by the board of adjustment in accordance with article IV, division 5.
(Ord. No. 349, § 2, 12-16-14; Ord. No. 389, § 1, 10-31-23; Ord. No. 401, § 9, 12-6-24)
The following uses are prohibited in the G-35 District:
A.
The rental of any portion of a lot or building which does not include the use and occupancy of the single-family dwelling which is the principal building on the lot.
B.
Storage of manure or odor- or dust-producing substances or uses within 50 feet of any lot line.
C.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
D.
Executive/employee/group vacation/retreats are prohibited in this zoning district.
E.
Any other use not specifically permitted in these regulations.
(Ord. No. 349, § 2, 12-16-14; Ord. No. 401, § 9, 12-6-24)
Development within the G-35 District shall comply with the following standards:
A.
Density. Density shall not exceed one dwelling unit per acre of lot area.
B.
Building limit. No lot shall be developed with more than one single family dwelling unit.
C.
Building height. The height of any building shall not exceed two stories.
D.
Minimum lot area. The minimum lot area is one acres.
E.
Minimum lot width. The minimum lot width is 100 feet.
F.
Permitted floor area.
1.
The maximum floor area permitted on any lot within this district shall not exceed a floor area of:
a.
Nineteen percent of the lot area that is less than or equal to one acre; plus
b.
Seven percent of the lot area that is greater than one acre, but less than or equal to four acres; plus
c.
Three and one-half percent of the lot area that is greater than four acres.
2.
For the purpose of calculating maximum floor area, the lot area of two lots which are separated by a roadway may be combined, if:
a.
The lot from which the floor area is transferred lies between the Intracoastal Waterway and a public road, and due to the location of the waterfront setback line and the setback requirements of the G-35 district, cannot reasonably be developed with a building; and
b.
The lots which are the subject of the transfer of floor area:
(1)
Are legally described as a single lot; or
(2)
Are subject to a unity of title; or
(3)
Are held under common ownership and a unity of title in recordable form is provided by the applicant and approved by the town in conjunction with the transfer of floor area; and
c.
A "no build" easement over the property from which the floor area has been transferred is provided by the applicant in recordable form and approved by the town in conjunction with the transfer of floor area.
G.
Maximum floor area of single building. The maximum floor area of a principle dwelling shall not exceed 10,000 square feet.
The maximum floor area of an accessory building or an accessory building used for living quarters shall not exceed one-third of the square footage of the principal dwelling.
H.
Required yards. Each lot shall have front, side and rear yards that are equal to or greater than the following:
1.
Front yard: 50 feet.
2.
Side yard:
a.
If the lot width is 125 feet or less:
(1)
Fifteen feet for one-story buildings.
(2)
Twenty feet for two-story buildings.
b.
If the lot width is greater than 125 feet:
(1)
Twenty feet for one-story buildings.
(2)
Twenty-five feet for two-story buildings.
3.
Rear yard: Waterfront lots shall comply with article IV, section 3.02.
I.
Permitted encroachments. Eaves and overhangs of 30 inches in depth may encroach into any required yard.
J.
Required landscaping. Minimum landscaped area shall be 50 percent of the lot area.
(Ord. No. 349, § 2, 12-16-14; Ord. No. 393, § 3, 4-17-24; Ord. No. 405, § 3, 4-16-25)
The following uses are permitted in the RCD District:
A.
Private recreational clubs.
B.
Medical facilities open to the general public which do not exceed 1,000 square feet of floor area in the aggregate.
C.
Accessory uses to private recreational clubs which are available only to serve the members and guests of such clubs, including the following:
1.
Stores and shops;
2.
Personal service shops;
3.
Offices, restaurants and similar community services;
4.
Docks, dune crossovers, and accessory uses;
5.
Lodging houses for club members and guests;
6.
Dormitories for club employees;
7.
Such accessory buildings and uses as are normally incident to the uses permitted in the District; and
8.
Other uses, if approved by the town commission upon a showing by the applicant that the proposed use is of the same general character as one or more of the listed permitted uses.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 349, § 2, 12-16-14)
Any use not specifically permitted in these regulations is prohibited in the RCD District.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 337, § 8, 12-13-11; Ord. No. 349, § 2, 12-16-14; Ord. No. 401, § 10, 12-6-24)
Development within the RCD District shall comply with the following standards:
A.
Building height. The height of any building shall not exceed two stories.
B.
Maximum lot coverage. The total amount of coverage for all buildings, including accessory buildings, shall not exceed 25 percent of the lot area on which the principal permitted use is located.
C.
Required yards. Each building shall have front, side and rear yard depths equal to or greater than the yards required in the A-80 District.
D.
Permitted encroachments.
1.
Eaves and overhangs of 30 inches in depth may encroach into any required yard.
2.
Any structure used for irrigation or used in connection with producing water from wells within the RCD District may be located within required front, side and rear yards provided that such structure is screened by landscape material.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 349, § 2, 12-16-14)
Public buildings, grounds and facilities related to the provision of public services to the residents of the town are permitted in the PLD District. No more than one wireless communications tower per lot is permitted as an accessory use.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 349, § 2, 12-16-14)
Any use not specifically permitted in these regulations is prohibited in the PLD District.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 337, § 9, 12-13-11; Ord. No. 349, § 2, 12-16-14; Ord. No. 401, § 11, 12-6-24)
Development within the PLD District shall comply with the following standards:
A.
Building height. The height of any building shall not exceed two stories.
B.
Maximum lot coverage. The total amount of coverage for all buildings, including accessory buildings, shall not exceed 25 percent of the lot area on which the principal permitted use is located.
C.
Required yards. Each building shall have front, side and rear yard depths equal to or greater than the yards required in the A-80 District.
D.
Permitted encroachments.
1.
Eaves and overhangs of 30 inches in depth may encroach into any required yard.
2.
Any structure used for irrigation or used in connection with producing water from wells within the PLD District may be located within required front, side and rear yards provided that such structure is screened by landscape material.
E.
[Beach access.] The points of beach access: At the town's south end, the Nature Conservancy's Blowing Rocks Beach; in the central town at the County's Hobe Sound Beach Park; at the north end, the National Wildlife Refuge Park shall not be discontinued for beach access nor shall any additional points of beach access be permitted.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 331, § 1, 4-13-11; Ord. No. 349, § 2, 12-16-14)
The following uses are permitted in the CPD District:
A.
Flood control management, flood plain management, fisheries management, vegetation communities, or wildlife habitats.
B.
Accessory structures which are clearly incidental to a permitted principal use if approved by the town commission upon a showing by the applicant that the proposed structure is consistent with one or more of the listed permitted uses.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 349, § 2, 12-16-14)
Any use not specifically permitted in these regulations is prohibited in the CPD District.
Reverse osmosis plants, except if the reverse osmosis plant is approved by the board of adjustment as an accessory use in accordance with article IV, division 6.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 337, § 10, 12-13-11; Ord. No. 349, § 2, 12-16-14; Ord. No. 401, § 12, 12-6-24)
Development within the CPD District shall comply with the following standards:
A.
Building height. The height of any building shall not exceed two stories.
B.
Maximum lot coverage. The total amount of coverage for all buildings, including accessory buildings, shall not exceed ten percent of the lot area.
C.
Required yards. Each building shall have front, side and rear yard depths equal to or greater than the yards required in the A-80 District.
D.
Permitted encroachments.
1.
Eaves and overhangs of 30 inches in depth may encroach into any required yard.
2.
Any structure used for irrigation or used in connection with producing water from wells within the CPD District may be located within required front, side and rear yards provided that such structure is screened by landscape material.
E.
No net loss of open space shall be permitted. In instances where new structures are permitted, there shall be required additional dedicated open space equal to or exceeding the space used for such structures.
F.
[Beach access.] The points of beach access: At the town's south end, the Nature Conservancy's Blowing Rocks Beach; in the central town at the County's Hobe Sound Beach Park; at the north end, the National Wildlife Refuge Park shall not be discontinued for beach access nor shall any additional points of beach access be permitted.
(Ord. No. 312, § 4, 7-10-07; Ord. No. 331, § 2, 4-13-11; Ord. No. 349, § 2, 12-16-14)