All development shall be subject to the supplemental regulations set forth in this article.

Building height is measured as follows:

A.

The initial measuring point is the highest elevation of the following:

1.

The lower of:

a.

The average elevation of the finished grade across the front building line prior to the placement of fill, or

b.

The finished floor elevation; or

2.

6.5 feet NAVD.

B.

The height of exterior walls is measured from the initial measuring point to the point at which the outside wall meets the horizontal eave of the roof or the bottom of a parapet wall.

C.

The height of the building is measured from the initial measuring point to the highest point on the building, excluding chimneys, ventilators, skylights, spires, belfries, cupolas, and similar architectural features that are usually carried above the roof level and not used for human occupancy, provided that each such feature shall be erected only to such height and size as is necessary to accomplish the purpose it is to serve.

D.

The board of adjustment may approve a variance to article IV, section 2.00, regarding the initial measuring point for building height, if the applicant demonstrates:

1.

The new initial measuring point will not result in a building which is taller in elevation (NAVD) than the tallest building which could be constructed on a contiguous lot: and

2.

Will not result in a building which is more visible from adjacent properties or the public right-of-way than the existing surrounding structures.

(Ord. No. 401, § 13, 12-6-24)

Floor area is measured as follows:

A.

All areas on all floors of all buildings which are included within the outside faces of their exterior walls, including floor penetration areas for circulation and shaft areas that connect one floor to another, except basements and other floors below the first floor, which are counted as provided in paragraphs D and E of this section (See Illustration 14: Floor Area Measurement, Buildings, Exhibit A), plus

B.

If any portion of a building is taller than one-story, a second floor will be assumed for that portion of the building, regardless of whether the floor is in place (See Illustration 14: Floor Area Measurement, Buildings, Exhibit A), plus

C.

Fifty percent of all areas described in paragraphs 1, 2, 3, 4 and 5, below, with no specific area counted more than once:

1.

Areas which are covered, but not completely enclosed by walls (including but not limited to gazebos, trellises, porticos, pergolas, patios, balconies, carports, and porches) (See Illustration 15: Floor Area Measurement, Balconies, Exhibit A), except that with regard to these structures or buildings any area which is enclosed by walls which are less than three feet in height and are directly underneath a building or structure which is constructed on pilings pursuant to the requirements of state or federal law.

2.

Areas which are covered by a roof overhang or balcony that extends more than 30 inches in horizontal distance from a building wall (See Illustration 15: Floor Area Measurement, Balconies and Illustration 16: Floor Area Measurement, Overhangs, Exhibit A).

3.

Areas which are open to the air, but completely surrounded by walls that are seven feet in height or taller, unless the walls have substantial penetrations that mitigate the appearance of mass (See Illustration 17: Floor Area Measurement, Walled-in Areas, Exhibit A).

4.

Areas of freestanding, uncovered decks, and uncovered porches which are attached to the first floor of a building, that are greater than seven feet in height to the top of the railing as measured from adjacent ground level (See Illustration 18: Floor Area Measurement, Decks, Exhibit A).

5.

Areas which are within screened enclosures.

D.

Basement areas designated as living space are included in floor area calculations. Basement areas not designated as living space do not count as floor area, and no floor or part of a floor which would otherwise qualify as a basement shall be disqualified as a basement due to access to ground level which is provided by light wells that:

1.

Extend no more than four feet from the outside wall of the building and cumulatively occupy no more than 25 percent of the length of the first floor wall to which they are adjacent; and

2.

Are configured such that they are not visible from:

a.

The building envelopes of neighboring properties; and

b.

Public rights-of-way.

E.

Floors or parts of floors which are below the first floor, but do not qualify as basements, are counted as follows:

1.

If the entire floor does not qualify as a basement, then the entire floor is counted as floor area.

2.

If part of the floor does not qualify as a basement, then only that area which does not qualify as a basement is counted as floor area. (See Illustration 19: Floor Area Measurement, Basements, Exhibit A)

3.

If a single wall of a floor which is below the first floor is exposed such that it no longer qualifies as a basement wall, but no floor area can be calculated due to the absence of a depth measurement, then the width of the exposed wall shall be multiplied by five feet to calculate the floor area of the exposed portion of the floor.

(Ord. No. 393, § 4, 4-17-24; Ord. No. 405, § 4, 4-16-25)

A.

Setbacks are the shortest horizontal distance between a building or other structure that is not expressly permitted to be located within a required yard and the lot line from which the setback is measured.

B.

Entrance steps, bay windows, window sills, belt courses, cornices, eaves of greater than 30 inches in depth, other architectural features, patios, courts, and porches shall be considered part of a building for the purpose of measuring setbacks.

A.

No building shall appear to be more than two stories high when viewed from contiguous lots, waterways, or public rights-of-way.

B.

The height of exterior building walls shall not exceed 22 feet.

If authorized as part of an approved site plan, up to three feet of fill may be placed on a lot. The board of adjustment may approve a variance for a greater amount of fill if the applicant demonstrates that:

A.

The additional fill will not result in a building which is taller than the maximum height permitted on an adjacent lot; and

B.

Fill shall be placed in a manner that will not create additional stormwater runoff onto an adjacent property or public right-of-way; and

C.

Fill shall be placed in a manner that will not create significant soil erosion; and

D.

The portion of the lot for where the fill is proposed to be added has not been previously filled pursuant to the approval of a special exception or the use of alternative development standards; or the elevation of said portion of the lot has decreased by more than three feet since the fill was placed; and

E.

1.

The fill shall not result in a building which is more visible from adjacent property or a public right-of-way; and

2.

The fill is necessary to build the finished floor of the building at an elevation of 6.5 NAVD.

(Ord. No. 401, § 14, 12-6-24)

A.

Riverfront setbacks. On riverfront lots, new buildings and new additions to existing buildings (other than docks) shall be set back at least to the "Waterfront Setback Line" set forth in Exhibit "C" to these land development regulations. The original of this document is on file in Town Hall.

B.

Oceanfront setbacks. On oceanfront lots, new buildings and additions to existing buildings (other than dune crossovers), shall be set back at least to the "Waterfront Setback Line" set forth in Exhibit "C" to these land development regulations. The original of this document is on file in Town Hall.

(Ord. No. 406, § 2, 5-20-25)

A.

Covered uses and structures. A swimming pool, terrace, or other structure that is covered, in whole or in part, by a roof, awning, trellis, screening, or other, covering shall be set back as if it were a building.

B.

Open uses and structures.

1.

An uncovered swimming pool, terrace, or similar hardscaped area shall be set back:

a.

At least 20 feet from any side or rear lot line, and

b.

From the front lot line as if it were a building.

2.

A swimming pool or terrace may be located waterward of the setback line established in article IV, section 3.02, provided that:

a.

No part of the swimming pool or terrace exceeds one foot in height above the grade that existed prior to construction, and

b.

No part of the swimming pool or terrace is located within 50 feet of the mean high water mark.

3.

With regard to swimming pools, required setbacks are measured from the inner wall of the swimming pool.

A.

Setback from access easement or private right-of-way. No building shall be constructed within 20 feet of any access easement or right-of-way in favor of another party.

B.

Driveway setback. Driveways shall be set back from side lot lines as follows:

1.

In the A-80, B-40 and G-35 Districts, the improved surface of any driveway shall be set back at least eight feet from side and rear lot lines.

2.

In all other zoning districts, the improved surface of any driveway shall be set back at least three feet from side and rear lot lines.

(Ord. No. 349, § 3, 12-16-14; Ord. No. 401, § 14, 12-6-24)

A.

Required setbacks.

1.

A tennis court shall be set back as if it were a building.

2.

No part of a tennis court shall be located within 50 feet of the mean highwater mark.

3.

The required setback shall be measured from the outer edge of an apron, fence, or appurtenance to a tennis court.

B.

Lights. A tennis court shall not be lit for night play, except that the board of adjustment may approve a variance for tennis courts in the RCD District if the applicant demonstrates:

1.

The lighting does not spill over onto any adjacent lot in a residential zoning district; and

2.

The lighting standards and fixtures shall not be visible from any of the neighboring lots in the applicable zoning district; and

3.

The lighting shall be turned off between the hours of 9:30 p.m. and 6:00 a.m.

C.

Backboards. Tennis backboards are prohibited.

(Ord. No. 401, § 14, 12-6-24)

A.

Location and design of walls and fences.

1.

Front yards. Walls and fences may be constructed in required front yards provided that:

a.

The walls or fences are set back at least 30 feet from the front lot line; and

b.

The area between the walls or fences and the front lot line is comprehensively landscaped; and

c.

Sight triangles with no leg smaller than 15 feet are preserved in both directions for each driveway that connects to the contiguous street.

2.

Side and rear yards. Walls and fences may be constructed in required side yards, or rear yards of lots which are not waterfront, provided that:

a.

The walls or fences are set back at least three feet from side lot lines unless an agreement to locate the wall or fence closer to the property line is executed by the applicant and the owner of the property which shares the property line and is provided to the town in recordable form; and

b.

The walls or fences are not constructed in or over any utility or other public easement; and

c.

The area between the wall or fence and the side lot line is landscaped with hardy, low maintenance landscape material.

3.

Rear yards of waterfront lots. No wall or fence may be constructed in a required rear yard of a waterfront lot unless the wall or fence will be used to enclose a pool and meets all of the following standards:

a.

The wall or fence does not exceed four feet in height; and

b.

The wall or fence is designed and constructed in a manner which will be visually compatible with the character of the buildings on the lot where the wall or fence is proposed; and

c.

The wall or fence will not interfere with the visual access to the water from the building envelopes of adjacent lots; and

d.

The wall or fence is constructed to comply with F.S. ch. 515 or section 424 of the Florida Building Code; and

e.

In the area waterward of the waterfront setback line, the wall or fence does not extend more than ten feet from the edge of the pool which it encloses.

4.

Within the building envelope. Walls and fences may be constructed within the building envelope provided that the way walls or fences are attached to buildings does not create apparent mass in excess of the floor area and building volume permitted in the zoning district in which the lot is located.

B.

Height.

1.

Within the front and side yards, no wall, gate or fence shall be constructed which exceeds six feet in height, measured as follows:

a.

In front yards, the vertical distance from the crown of the public road on which the front yard abuts to the highest point on the wall or fence; and

b.

In other areas, the vertical distance from the finished grade adjacent to the wall or fence to the highest point on the wall or fence.

2.

Within the building envelope, no wall, gate or fence which is not attached to a building shall be constructed which exceeds six feet in height, except that mesh fences enclosing tennis courts may be constructed up to ten feet in height. For the purpose of this paragraph, height is measured as the vertical distance from the finished grade adjacent to the wall or fence to the highest point on the wall or fence.

C.

Materials. Walls and fences shall be made of durable materials that are consistent and compatible with the design and materials of the principal building on a lot.

D.

Bulkheads/seawalls. Bulkheads/seawalls may be constructed, provided that:

1.

The height of the bulkhead/seawall is no greater than necessary to accomplish its purpose; and

2.

The environmental impacts of the construction of the bulkhead/seawall are mitigated according to all applicable requirements; and

3.

All approvals from other governmental agencies with jurisdiction over seawall construction have been submitted to the administrative official.

(Ord. No. 347, § 2, 9-16-14; Ord. No. 401, § 14, 12-6-24)

A.

Location. Docks may be constructed only in the waters of the Indian River and waters tributary thereto. Dune crossovers may be constructed over the primary dune to provide access to the beach. Each dock or dune crossover and its associated pilings shall be located in the middle one-third of the lot on which the dock is an accessory use and oriented such that such that a docked boat would also be in a location that corresponds to the middle one-third of the lot on which the dock is an accessory use (See Illustration 20: Location of Dock, Exhibit A), unless the board of adjustment approves another location if the applicant demonstrates that:

1.

The proposed dock or dune crossover will not result in an obvious departure from the aesthetic character of the neighborhood, considering the existing structures and open space; and

2.

The proposed dock or dune crossover will not result in the destruction or removal of a significant tree within a required setback, or the significant tree is relocated in a manner that preserves the aesthetic and shade qualities on the same side of the lot; and

3.

The proposed dock or dune crossover is designed in a manner that does not materially obstruct the waterfront views from neighboring properties; and

4.

The proposed dock or dune crossover:

a.

Provides materially better protection for seagrass beds, environmentally sensitive littoral zones, dune vegetation, or sea turtle nesting areas. than a dock or dune crossover that could be constructed pursuant to the underlying regulations of the applicable zoning district; or

b.

Is located such that it is significantly smaller than any functional dock or dune crossover that could be constructed pursuant to the applicable zoning district regulations; or

c.

Due to the conditions of the lot (which, for docks, includes the relationship between the lot and the location of the channel), no dock or dune crossover could feasibly be constructed pursuant to the applicable zoning district regulations.

B.

Size. No dock shall exceed 500 square feet, and no dune crossover shall have a sitting or reviewing deck exceeding 100 square feet in addition to the area of the walkway, unless approved by the board of adjustment.

C.

Height.

1.

Docks.

a.

The deck of a dock shall not be higher than four feet above mean high water, or five feet above mean high water if the Department of Environmental Protection so requires after performing an official survey and providing a statement of seagrass that is acceptable to the administrative official. (See Illustration 21: Dock Dimensions, Exhibit A)

b.

Pilings supporting such dock or used in conjunction therewith shall not be higher than eight feet above mean high water. (See Illustration 21: Dock Dimensions, Exhibit A)

2.

Dune crossovers.

a.

The deck of a dune crossover shall not be higher than one foot above the existing grade, unless a variance for a greater height is approved by the board of adjustment in accordance with this section.

b.

Dune crossover posts and railings shall not be higher than three feet above the deck of the dune crossover.

D.

Design.

1.

Railings shall be of post and rail construction that does not create a material visual obstruction to the waters of the Indian River or tributaries, or to the Atlantic Ocean from contiguous lots or rights-of-way.

2.

Fencing, screening, walls or louvered windbreaks on docks or dune crossovers are prohibited unless approved by the board of adjustment.

3.

Covered structures or buildings of any type are prohibited on docks and dune crossovers.

4.

Dock boxes not exceeding 30 inches in height are permitted on docks; provided that such boxes are limited to one dock box per boat regularly moored at the dock. (See Illustration 21: Dock Dimensions, Exhibit A)

5.

Overhead hoists, davits or machinery connected therewith shall not exceed eight feet above mean high water.

6.

Dock construction shall meet the standards for dock construction as prescribed by the United States Army Corps of Engineers.

E.

Utilities. All electrical and water service supplied to any dock or dune crossover in the town shall meet the standards for service as provided in the Florida Building Code.

F.

Hoisting and daviting of boats.

(a)

No boat shall be hoisted or davited if:

(1)

Any part of the boat is positioned outside of the middle one-third of the lot, extended waterward; or

(2)

The dock to which the hoist or davit is attached does not conform to this section.

(b)

No boat shall be hoisted or davited to such a height that the top of the main superstructure, but not including masts, antennas, outriggers or other attachments to said boat, shall be more than eight feet above mean high water, and no boat exceeding 31 feet in overall length shall be hoisted or davited from the water and supported by a dock, unless approved by the impact review committee using the standards set forth in article X, division II, section 2.04.

G.

Dock lighting. These standards govern new and replacement dock lighting and shall not apply to existing dock lighting, except for items (2)(c) and (2)(i).

1.

Definitions:

•

Dock lighting: (1) that is used to provide a level of illumination to safely ingress and egress docks on and from a property, which includes, dock/piling-mounted light fixtures; (2) Security lighting; and (3) fishing lighting, which includes down-lighting fixtures into water (a.k.a. Snook Light, Goose neck, Bracket bar, Cobra head, etc.) and underwater/submergible fixtures.

•

Security lighting: Lighting that is used to provide a level of illumination of a dock during security or emergency events, identify persons or objects (detection) or create a psychological deterrent to unwanted or criminal activity on the dock (deterrent). Security lighting is stand-by lighting, such as motion-actuated lights or lighting operated by switch or alarm. Security lighting shall be activated only by motion activation or during security or emergency events and will remain off during other times.

•

Lumen: The unit of measurement used to quantify the amount of light produced by a bulb or emitted from a fixture. The lumen rating associated with a given lamp is generally indicated on its packaging or may be obtained from the manufacturer.

•

Special RCD lighting: Lighting provided in connection with properties located within the Recreation Club District (RCD).

2.

In all cases, dock lighting associated with a specific property is to have minimal, if any, effect upon the adjoining properties as well as on any adjacent public rights-of-way. The following standards should be applied to all dock lighting projects, other than security lighting, which shall only be subject to subsection b.

a.

All lighting shall be designed to prevent misdirected or excessive artificial light.

b.

All lighting fixtures shall have a glare shield, and the point source of light shall not be directly visible from adjacent properties. This includes, without limitations dock/piling-mounted light fixtures, down-lighting fixture into water (a.k.a. Snook Light, Goose neck, Bracket bar, Cobra head, etc.), underwater/submergible lighting fixture, flag poles, and security lighting.

c.

Metal halide bulbs, high-intensity bulbs such as high-pressure sodium, and mercury vapor bulbs are prohibited.

d.

Special RCD lighting and marine navigation lights are exempt from this section.

e.

Plans, specifications, records and reports of a "security system plan" are exempt under F.S. § 119.07(1) and § 24(a), Article I of the State Constitution.

f.

Maximum lumens per single dock/piling-mounted lighting fixture shall not exceed 300 lumens; maximum lumens per single down-lighting fixture (a.k.a. Snook Light, Goose neck, Bracket bar, Cobra head, etc.) shall not exceed 500 lumens; and maximum lumens per single underwater/submergible light shall not exceed 10,000 lumens.

g.

Dock/piling-mounted lighting fixtures shall not exceed one per dock piling; down-lighting fixtures (a.k.a. Snook Light, Goose neck, Bracket bar, Cobra head, etc.) shall not exceed two per dock; and underwater/submergible light fixtures must be white in color and shall not exceed two per dock

h.

Dock/piling-mounted lighting and down-lighting fixture(s) shall be mounted no higher than eight feet above mean high water. When used to illuminate the beginning and/or end of a dock, only one pole light at each section may be permitted and shall be installed no higher than eight feet above top of dock deck.

i.

Other than the colors for snook light or navigational lights, the only color of lighting permitted is white. Multicolor and/or flashing light fixtures shall be prohibited.

j.

All lighting project applicants must submit the Town of Jupiter Island Dock Lighting Self-Certification Form to the building department.

(Ord. No. 342, § 1, 9-17-13; Ord. No. 381, § 1, 9-12-22; Ord. No. 401, § 14, 12-6-24; Ord. No. 412, § 2, 9-16-25)

No permit is required to attach steps to the ocean side of a seawall provided that all of the following conditions have been met:

A.

The steps do not extend more than 12 inches above the seawall, and railings do not extend more than four feet above the wall at any point.

B.

The steps have been permitted by the Florida Department of Environmental Protection (DEP).

C.

The steps are located within the middle one-third of the property.

D.

Should the steps be threatened by erosion to the point water is impinging on them, the owner agrees to remove them to avoid the hazard of the steps breaking away.

A.

Location.

1.

Brush bins shall be located on the lot for which they are intended to be used.

2.

No brush bin shall be located in the public right-of-way or on the property of another.

3.

Each brush bin shall be placed in a location approved by the administrative official.

4.

If a question with regard to the location of a property line arises, or a property line is not readily discernible, the owner of the property shall retain a registered professional surveyor to locate and stake the property line before the administrative official will approve a location.

5.

Setback requirements for structures shall not apply to brush bins that comply with the requirements of this section.

B.

Size, height, and design.

1.

Brush bins are limited to a maximum size of ten by 20 feet.

2.

The walls and gates, or doors of a brush bin shall not exceed seven feet in height, measured from the surrounding ground level.

3.

Brush bins shall not be covered by a permanent structure.

4.

Brush bins shall be constructed with first-class materials. The design shall incorporate a solid surface at the rear of the bin extending not less than 12 inches above grade for purposes of removal of the debris.

5.

Brush bins shall be landscaped so as not to be readily visible from adjoining properties or public rights-of-way, with the exception of accessways.

A.

The maximum number of parking spaces provided shall be one and one-half parking spaces for each bedroom located on a lot.

B.

Minimum dimensions. A parking area of at least 20 feet by ten feet exclusive of driveway or aisle, must be provided for each bedroom located on a lot. The board of adjustment may approve a variance provided the applicant demonstrates that it is not needed to achieve compliance with the landscaped open space requirement of the applicable zoning district and at least one of the following is met:

1.

The reduced parking area will reasonably accommodate one car per bedroom: or

2.

The required parking is provided on an adjacent lot under common ownership, and the applicant provides an executed unity of title that ensures that a parking easement will be provided if the common ownership ceases to be effective until the required parking is provided on the lot which it serves; or

3.

Required parking is provided on an adjacent lot that is subject to a parking easement agreement with the adjacent lot owner until or unless the applicant provides the required parking for the lot which it serves; or

4.

Clear and convincing evidence is provided to the town supports a finding that the most likely use of the lot will require less parking area than is otherwise required by these land development regulations.

C.

Parking in public rights-of-way prohibited. The construction, maintenance or use of the public road rights-of-way for off-street parking within the town is prohibited.

D.

Head in parking prohibited. The construction of a driveway or a head-in parking area which requires or allows a vehicle to back into a public street is prohibited.

(Ord. No. 393, § 5, 4-17-24; Ord. No. 401, § 14, 12-6-24)

One trailer per lot, for purposes of storage or office use during approved land clearing and construction is permitted in all zoning districts, provided such trailer is buffered from view, does not exceed 200 square feet, and is removed immediately upon completion of the project or any storm watch condition as issued by the National Weather Service (NWS).

A.

Findings and purpose. The town finds that it is in the public interest to regulate the placement, construction or modification of wireless communications towers and antennas within the municipal boundaries of the town to protect the town's unique aesthetic environment and community character. The town commission may approve a variance regarding the placement of communication towers and/or antennas, if the applicant demonstrates that:

1.

The tower/antenna is in a PLD or RCD District; and

2.

The tower/antenna will not interfere with the use and enjoyment of adjacent and nearby properties; and

3.

The visual impact of the tower/antenna and associated structures is substantially mitigated by either or both of the following:

a.

A combination of topography and existing or provided landscaping in the surrounding area; or

b.

A "stealth" design; and

4.

The proposed ingress and egress to the tower and/or antenna will not interfere with the safe flow of traffic on adjacent rights-of-way; and

5.

Off-street parking for at least one maintenance vehicle is provided; and

6.

There are no suitable existing towers, antennas, or other structures, or alternative technologies, that the applicant can utilize to provide the same service; and

7.

The tower is set back at least 110 percent of the height of the tower from any neighboring properties in an RD zoning district; and

8.

The tower is set back at least 130 percent of the height of the tower from any neighboring property in a residential zoning district; and

9.

Guy wires and accessory buildings satisfy the minimum zoning district setback requirements; and

10.

The structure is designed to accommodate co-locations of equipment and attachments with a minimum wind load rated at 130 mph or more; and

11.

A performance bond is posted in favor of the town to cover the cost of the town's removal of the structure if it is abandoned or otherwise violates these land development regulations.

B.

Tower permitted in PLD District as accessory use.

1.

License or lease authorizing use. Towers which are permitted as accessory uses in the PLD District are subject to joint use to provide public safety communications, and further subject to town commission approval of a license or lease authorizing the use of said tower. In considering approval of a license or lease, the town commission shall assess:

a.

The inventory of the applicant's existing towers, antennas, or sites approved for towers or antennas that provide service or coverage within the town, including specific information about the location, height, and design of each tower, antenna or site; and

b.

The availability of space on the tower, which shall be allocated on a first-come, first-served basis.

All costs relating to the installation of the antenna or any ancillary equipment relating thereto shall be borne by the applicant.

2.

Location and design standards. Wireless communications antennas are permitted on towers as provided for in this subsection B, or on light pole structures which are in rights-of-way or easements within the town, subject to the following location and design standards:

a.

The height of the antenna shall not exceed two feet above the existing light pole structure.

b.

All light pole-mounted antennas shall be of a "stealth design" (to the maximum extent possible, the design shall use materials, colors, textures, screening, and landscaping that will blend the tower/antenna site and structures into the natural setting and surrounding buildings), except that antennas located in A-80, B-40, C-35, D-25, E-12, F-15 and G-35 Districts must be screened from the view of residents and pedestrians.

c.

Equipment cabinets associated with light pole-mounted antennas shall be of a scale that makes them no more visually obtrusive than other types of utility equipment boxes normally located within the rights-of-way within the town; and architecturally designed or camouflaged to be compatible with surrounding land uses, except that such equipment cabinets located in A-80, B-40, C-35, D-25, E-12, F-15 and G-35 Districts must be screened from the view of residents and pedestrians.

d.

The town must approve the noise level and location of any generators or other equipment.

e.

Equipment cabinets associated with light pole-mounted antennas which are located outside the public right-of-way shall meet the requirements for accessory structures for the zoning districts in which the equipment cabinets are located.

C.

Other towers and antennas.

1.

No other tower or antenna shall be permitted in the town, except pursuant to subsection B, above, unless the applicant demonstrates to the town commission that no reasonable alternative exists that can accommodate the applicant's proposed telecommunications service because:

a.

No existing towers or structures located within the relevant geographic area accommodate antennas adequate to provide the applicant's service within the town; and

b.

The fees, costs, or contractual provisions required by the owner to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable; and

c.

There are other limiting factors that render existing towers and structures unsuitable; and

d.

The applicant demonstrates that an alternative technology, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable.

2.

If the applicant demonstrates that no reasonable alternative exists that can accommodate the applicant's proposed telecommunications service, the town commission may consider the variance application and whether it meets the criteria in this section 3.12.

D.

Operation and maintenance. All tower and wireless communications antenna owners shall comply with the following operation and maintenance requirements:

1.

All towers and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations.

2.

The owner of a tower shall ensure the structural integrity of the tower and related structures. The tower and structures must be maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the administrative official determines that the tower or a related structure fails to comply with such codes and standards and constitutes a danger to persons or property, then the owner shall bring such tower or structure into compliance with such codes or standards within 30 days of receiving written notice from the town.

3.

No signs, other than those required by law and approved by the town, shall be allowed on a tower, antenna or related structure or enclosure, including fences.

E.

Abandonment of towers or antennas. Any tower or antenna that is not operated for a continuous period of two years shall be considered abandoned, and the owner of such tower or antenna shall remove same, along with any related structures, with 90 days of receipt of written notice from the town notifying the owner of such abandonment.

(Ord. No. 349, § 3, 12-16-14; Ord. No. 401, § 14, 12-6-24)

All utility service lines, electrical distribution systems, wires, cables, and feeder lines which are constructed or installed to serve new or substantially improved or reconstructed buildings shall be constructed or installed underground.

A.

The frontage of lots on which new or substantially improved or reconstructed structures are located shall be landscaped in a manner which is substantially equivalent to the landscape treatment along lot frontage on the same public road for a distance of 1,000 feet in both directions during the period between November 1 and April 15. Except for areas of required sight triangles, the landscape material shall be planted as close to the public right-of-way as is practicable given existing mature vegetation and the location of utilities. The required landscaping shall include shrubs, hedges and/or other plant clusters which will provide, within three years after installation, effective screening of all buildings on the lot.

B.

Landscaping shall be in place which will provide a buffer along lot lines so as to minimize the visual effect of structures from adjoining properties and the public rights-of-way prior to the issuance of a building permit.

C.

Streetscapes and landscape buffers which are in place as of the effective date of these land development regulations shall be maintained so that they continue to have substantially the same or greater buffering effect, unless a new landscape plan for the lot is approved by Impact Review or in conjunction with an application for development approval.

D.

Streetscapes and landscape buffers which are the subject of a development approval shall be maintained as approved for a period of at least three years after the issuance of a certificate of occupancy for the development which included the streetscape plan, or the issuance of a certificate of completion if no certificate of occupancy is necessary.

E.

Pruning during the period between April 15 and November 1 may temporarily reduce the buffering effect of streetscapes and landscape buffers when such pruning is necessary to maintain the health and buffering effect of the vegetation during the period between November 1 and April 15.

All new and substantially improved or reconstructed structures in the A-80 and B-40 Districts shall be designed and located so that they are not visible along or through a driveway from a public right-of-way or adjacent property.

Gates shall be screened from all public rights-of-way to the fullest extent possible, and set back from the front lot line a distance equal to one-third of the depth of the required front yard, except on those lots south of the "S Curve" along South Beach Road and lots in the C-35 District. No gate shall be installed or maintained unless the town's public safety department has a means of immediate access to the property.

(Ord. No. 347, § 2, 9-16-14)

These standards govern new and replacement exterior lighting on private properties. Existing exterior lighting plans, that were approved and permitted by the town, are exempt from these regulations, until such time that a new lighting plan is submitted and approved. Exterior lighting shall include exterior security lighting and exterior landscape/aesthetic lighting, as defined below.

•

Exterior security lighting: Exterior lighting that is used to provide a level of illumination to: illuminate areas of a property during security or emergency events, identify persons or objects (detection) or create a psychological deterrent to unwanted or criminal activity in the area being protected (deterrent). Exterior security lighting is stand-by lighting, such as motion-actuated lights or lighting operated by switch or alarm. Exterior security lighting shall be activated only by motion activation or during security or emergency events and will remain off during other times.

•

Exterior landscape/aesthetic/utility lighting: Exterior lighting that is used to provide a level of illumination to safely ingress and egress buildings and structures on a property, to accent or highlight landscape and/or structures on a property, which includes up-lighting and down-lighting of trees and their canopies, pathlights, and building-mounted light fixtures.

•

Lumen: The unit of measurement used to quantify the amount of light produced by a bulb or emitted from a fixture. The lumen rating associated with a given lamp is generally indicated on its packaging or may be obtained from the manufacturer.

•

Lumens per acre: The total number of lumens produced by all bulbs or fixtures utilized in exterior lighting on a property divided by the number of acres, or partial acre, on such property.

•

Special RCD lighting: Exterior lighting provided in connection with events held on properties located within the Recreation Club District (RCD).

In all cases, the intent of exterior lighting within a specific property is to have minimal, if any, effect upon the adjoining properties as well as on any adjacent public rights-of-way. The following standards should be applied to all exterior lighting projects, other than exterior security lighting, which shall only be subject to subsection "B" below:

A.

All lighting shall be designed to prevent misdirected or excessive artificial light.

B.

The point source of light or any reflective surface of the light fixture shall not be directly visible from outside the property line. This includes, without limitations, eave lights, tree-mounted lighting, exterior security lighting, and gate keypads.

C.

All up-lighting fixtures shall have a glare shield. Fixtures shall be hidden by vegetative landscape materials so that they are not visible from outside the property.

D.

Light trespass onto adjacent properties and public rights-of-way shall be limited to 0.2 footcandles measured at the property lines.

E.

Lighting fixtures, other than those used solely to illuminate property identification signs and those which have been approved by the town building and public safety departments, shall not be installed in any public right-of-way.

F.

Direct illumination of or illumination directly on the elevation of any wall or residence (wall washes) is prohibited.

G.

Metal halide bulbs, high-intensity bulbs such as high pressure sodium, and mercury vapor bulbs are prohibited.

H.

Down lighting fixtures shall not be placed more than 15 feet above grade in palm trees and no more than 25 feet in canopy trees.

I.

All lighting sources shall have a temperature rating between 2700—3500 Kelvin with a minimum beam spread of 24 degrees. DEP-required amber turtle lights may be lower than 2700 Kelvin.

J.

Colored lights that are visible from the street are prohibited with the exception of temporary lighting intended for recognized holiday celebrations from Thanksgiving (the last Thursday in November) until January 8th.

K.

All lighting projects shall conform to the Town of Jupiter Island Code, Chapter 3, Article II, for sea turtle lighting.

L.

Maximum lumens per single fixture is 1,000. Swimming pool and spa (underwater) lights, and flagpole lights are exempt from this standard, including Kelvin ratings, and beam spread. Special RCD lighting is also exempt from this standard, as well as subsection B above.

M.

All second floor exterior lighting shall be shrouded on the sides so as to direct light down towards the ground.

N.

Plans, specifications, records and reports of a "security system plan" are exempt under Florida Statute 119.07(1) and § 24(a), Article I of the State Constitution.

O.

The maximum lumens permitted on any lot shall not exceed the total lumens calculated in accordance with the following formulas:

(i)

Lots less than or equal to one-half acre: The maximum lumens on any lot less than or equal to one-half acre shall not exceed the product of 50,000 lumens per acre multiplied by the lot size in acres.

Example: A 0.3 acre property.

0.3 acres multiplied by 50,000 lumens per acre = 15,000 total lumens

(ii)

Lots greater than one-half acre, but less than or equal to six and one-half acres: The maximum lumens on any lot greater than one-half acre, but less than or equal to six and one-half acres shall not exceed the product of (i) (a) 52,000, minus (b) the product of 4,000 multiplied by the lot size in acres, multiplied by (ii) the lot size in acres.

Example: A 3.5 acre property.

1)

52,000 - (4,000 × 3.5) = 38,000

2)

3.5 acres × 38,000 lumens/acre = 133,000 total lumens

(iii)

Lots greater than six and one-half acres: The maximum lumens on any lot greater than six and one-half acres shall not exceed the product of 25,300 lumens per acre multiplied by the lot size in acres.

Example: A 7.4 acre property.

7.4 acres multiplied by 25,300 lumens per acre = 187,220 total lumens

P.

All lighting project applicants must submit the Town of Jupiter Island Exterior Lighting Self-Certification Form to the building department.

(Ord. No. 368, § 1, 7-17-18; Ord. No. 373, § 1, 2-20-19)

A.

All mechanical equipment must be placed within the building envelope, unless placed completely below grade, as in an underground vault.

B.

Generators placed outdoors shall be contained within a factory-built enclosure specific for the size and type generator.

C.

All above-grade mechanical equipment shall be located behind a masonry site wall, wall to be at least as tall as the tallest piece of equipment meant to be screened, up to a height of six feet.

D.

All cooling towers shall be sunken into the earth at least three feet and screened with a six-foot tall masonry wall.

E.

The maximum sound level of operating mechanical equipment shall not exceed 60 dBA during the daytime (8:00 a.m. to 7:59 p.m.) and shall not exceed 55 dBA during the nighttime (8:00 p.m. to 7:59 a.m.). These sound levels may be measured seven meters from the equipment or at the property lines.

(Ord. No. 347, § 2, 9-16-14)

All new entrance features, as defined in article II, shall be subject to review by the impact review committee.

(Ord. No. 347, § 2, 9-16-14)

A.

Maximum pond size (surface area) shall be 30 percent of total allowable floor area for the property.

B.

Pond setbacks shall equal or exceed all front, side and rear yard setback lines, or from the waterfront setback lines for properties located along the Intracoastal or ocean.

C.

Pond slopes shall not exceed a 4:1 pitch and pond depth shall not to exceed four feet.

D.

Six-foot high structural barriers (walls or fences) shall be installed along lot lines of neighboring properties.

E.

All ponds shall be lined with an EPDM rubber (or equivalent) liner.

F.

All ponds shall be provided with the circulation and filtration of water.

G.

Back-up power shall be provided to all pond equipment.

H.

Minimum pond water levels per the plans shall be maintained, except to the extent not allowed by law during times of water restrictions.

I.

All pond equipment shall meet the setback and burial requirements of mechanical equipment found in article IV, section 3.18.

J.

Ponds with a water depth of 24 inches or greater shall be posted "No Swimming".

K.

Natural (such as the use of certain fish), mechanical, or chemical means to mitigate the nuisances of mosquitoes and frogs shall be supplied to the pond.

L.

All ponds shall have properly engineered stormwater management to handle overflows and contain the water on the property.

M.

A basic operations and maintenance agreement shall be executed between the town and property owner, in recordable format, stipulating that the town has the ability to mitigate a pond that is not maintained to these standards or mitigate a pond that becomes a nuisance. All costs borne by the town shall be paid by the pond owner.

N.

The owner shall provide a plan to the town to mitigate offensive sound/noise created from animals attracted to the pond, the movement of water, and pond equipment.

O.

The pond shall be maintained in good working condition at all times, in a manner consistent with the pond plans, specifications, and applicable laws and regulations.

P.

Pond maintenance shall include, without limitation, performing the following on a regular basis:

1.

Keeping the pond in a clean, safe, and sanitary condition; and

2.

Mowing the grass around the pond and removing all debris from the pond.

Q.

Owner shall provide annually to the town a statement that the pond is being maintained in compliance with the pond maintenance standards.

(Ord. No. 348, § 2, 10-16-14)

Development and redevelopment of town properties shall achieve an energy-efficient and energy conserving land use pattern, based upon greenhouse gas reduction strategies. These reduction strategies include the use and promotion of golf carts, bicycles, walking, the installation of energy efficient mechanical equipment, the use of solar technologies, and the use of renewable energy sources.

(Ord. No. 371, § 3, 3-12-18)

Editor's note— Prior to reenactment by Ord. No. 371, Ord. No. 360, § 1, adopted June 14, 2016, repealed § 3.21, which pertained to exterior speakers and derived from Ord. No. 351, § 1, adopted May 6, 2015.

For any property along South Beach Road that was subject to the adoption of the Martin County Maintenance Map on February 12, 2019, front yard building setbacks and allowable floor area shall be calculated in accordance with the lot line locations and lot size calculations made prior to the adoption of the Maintenance Map.

(Ord. No. 375, § 1, 2-20-19)

A.

Prior to taking any future legislative action that would permit new beachfront development by amendment to the waterfront setback line, the town commission shall require the following to occur:

1.

Conduct a density analysis to evaluate whether, and to what extent, a proposed change to the waterfront setback line would permit the development of existing vacant land, which analysis shall be published on the town's website 60 days prior to the town commission's consideration of an amendment to the waterfront setback line;

2.

Following publication of the density analysis, the town shall conduct at least two publicly noticed workshops at which public comment is solicited and permitted; and

3.

After holding the two workshops, schedule a non-binding referendum asking the electors within the town whether the proposed legislative action should be adopted.

B.

The provisions of paragraph 3.23.A. also shall apply to any approval of new structures seaward of the waterfront setback line with the exception of accessory features, (e.g., gazebos, trellises, porticos, pergolas, patios, carports, and porches), subject to the requirements in Division 5 of this Appendix A, governing variances.

C.

Nothing herein is intended to delegate or limit the town commission's legislative authority conferred upon it by the Town Charter, and the commission retains the authority to exercise its discretion to act in the best interests of the town, so long as the procedural requirements of this ordinance are satisfied. Nor does this ordinance place any condition or restriction on the town's quasi-judicial authority.

D.

If repeal of this section or elimination of the requirements under paragraph A is ever proposed, the town shall hold a non-binding referendum asking town voters whether they agree to such proposal.

(Ord. No. 407, § 2, 5-20-25)

(1)

This section implements the policy of the Town of Jupiter Island for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the federal Fair Housing Amendments Act ("FHAA") and the Americans with Disabilities Act ("ADA"). For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHAA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the town's land use or zoning laws, rules, policies, practices and/or procedures as provided by the FHAA and the ADA pursuant to the procedures set out in this section.

(2)

A request by an applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the town clerk. The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in subsection (10) below.

(3)

Should the information provided by the disabled individual to the town include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information, request that the town, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The town shall thereafter endeavor to provide written notice to the disabled individual, and/or their representative, of any request received by the town for disclosure of the medical information or documentation which the disabled individual has previously requested be treated as confidential by the town. The town will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the town shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual.

(4)

The town manager, or his/her designee, shall have the authority to consider and act on requests for reasonable accommodation, after notice and public hearing to receive comments, input and information from the public (provided, however, the town manager or designee shall not be required to render their decision at said public hearing). When a reasonable accommodation request form has been completed and submitted to the town clerk it will be referred to the town manager, or designee, for review and consideration. The town manager, or designee, shall issue a written determination within 45 days of the date of receipt of a completed application and may, in accordance with federal law: (a) grant the accommodation request; (b) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request; or (c) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e. the disabled individual or his/her representative) by certified mail, return receipt requested. If reasonably necessary to reach a determination on the request for reasonable accommodation, the town manager, or designee, may, prior to the end of said 45-day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have 15 days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the 45-day period to issue a written determination shall no longer be applicable, and the town manager, or designee, shall issue a written determination within 30 days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said 15-day period, the town manager, or designee, shall issue a written notice advising that the requesting party had failed to timely submit the additional information and, therefore, the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the town with regard to said reasonable accommodation request shall be required. The deadlines referenced herein may be extended by mutual agreement between the town and the applicant.

(5)

In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they, or the party they represent, are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this section the disabled individual must show: (i) a physical or mental impairment which substantially limits one or more major life activities; (ii) a record of having such impairment; or (iii) that they are regarded as having such impairment. Next, the requesting party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the courts) shall be the basis for a decision upon a reasonable accommodation request made by the town manager, or designee, or by the town commission in the event of an appeal.

(6)

Within 30 days after the town manager's, or designee's, determination on a reasonable accommodation request is mailed to the requesting party, such applicant may appeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the town commission who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed.

(7)

There shall be no fee imposed by the town in connection with a request for reasonable accommodation under this section or an appeal of a determination on such request to the town commission, and the town shall have no obligation to pay a requesting party's (or an appealing party's, as applicable) attorneys' fees or costs in connection with the request, or an appeal.

(8)

While an application for reasonable accommodation, or appeal of a determination of same, is pending before the town, the town will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant.

(9)

The following general provisions shall be applicable:

(a)

The town shall display a notice in the town's public notice bulletin board (and shall maintain copies available for review in the town clerk's office), advising the public disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein.

(b)

A disabled individual may apply for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual.

(c)

The town shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing etc. to ensure the process is accessible.

(10)

Reasonable accommodation request form:

1.

Name of applicant:

2.

Telephone number:

3.

Address:

4.

Address of housing or other location at which accommodation is requested:

5.

Describe qualifying disability or handicap:

6.

Describe the accommodation and the specific regulation(s) and or procedure(s) from which accommodation is sought:

7.

Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy the housing or other service:

8.

Name address and telephone number of representative if applicable:

9.

Other information:

10.

Signature of disabled individual or representative, if applicable, or qualifying entity:

___________    Date: _______

(Ord. No. 350, § 1, 5-6-15)

The board of adjustment may approve as accessory uses that are not otherwise listed as "Permitted Uses" in the residential districts of article III, divisions 2, 3, 4, 5, 6, 7, and 8 provided that it finds that all of the following standards have been met.

(Ord. No. 401, § 20, 12-6-24)

A.

The proposed accessory use will not adversely affect the public interest; and

B.

The proposed accessory use is consistent with the surrounding neighborhood character; and

C.

The visibility of the proposed accessory use from public rights-of-way, adjacent properties, the beach, the ocean and the intracoastal waterway is minimized in a manner that is consistent with the surrounding neighborhood character; and there are screens and buffers that are sufficient to ensure compatibility of the proposed accessory use with adjacent properties; and

D.

The location, design and character of the proposed accessory use will not adversely affect adjacent properties; and

E.

The proposed accessory use is designed and located so that all buildings and structures associated with the accessory use are screened from view from adjacent properties and public of rights-of-way; and

F.

The proposed accessory use will generate the same or lower level of traffic than another permitted accessory uses; and

G.

The proposed accessory use is customarily and typically incidental to and subordinate to the principal use; and

H.

The proposed accessory use will not result in substantial noise, dust, glare, or odor impacts on any other property in the neighborhood where it is to be located, nor shall said use result in such noise, dust, glare or odor impacts greater that those which accompany listed permitted accessory uses.

(Ord. No. 401, § 20, 12-6-24)

The board of adjustment may consider a variance for an application for the installation of a reverse osmosis plant as an accessory use to a primary use on properties of two acres or greater. Applications must be prepared by appropriately licensed professionals.

(Ord. No. 401, § 20, 12-6-24)

A.

All plans, reports, letters of assurances, and other documents related for an RO plant shall be prepared by a licensed, professional hydrogeologist (P.G.), or a licensed professional engineer with experience and practice in the design and implementation of reverse osmosis facilities. The certification of documents indicates that they were prepared under a licensed engineer or hydrogeologist's who shall be responsible for supervision, direction or control. Any plans or documents prepared by an individual who is not properly licensed may result in the town referring the individual to the appropriate agencies, i.e. the South Florida Water Management District and Florida Department of Environmental Protection and/or the Department of Professional Regulation.

B.

Applications for a reverse osmosis plant accessory use shall provide the following information, which shall be subject to the review and approval of the town engineer for completeness and technical compliance:

1.

Reverse osmosis plant systems shall include the certification and seal, if applicable by a professional licensed engineer with sufficient experience with reverse osmosis plant systems that the reverse osmosis plant meets all design conditions. The following submissions shall be submitted to the town and shall be subject to the town engineer's review. The town engineer shall prepare a report of his findings, which shall be presented to the board of adjustment at its hearing on the application.

2.

Drawings shall include the location of the system on the property, topography of the lot, location of on-site wastewater disposal drain field on the property, and proximity to buildings and on-site wastewater disposal drain fields on adjoining properties.

3.

Plans shall include the size of the system, anticipated water supply, product and wastewater flow rates, maximum capacity, anticipated locations of water supply withdrawals, depths, appurtenant facilities, and wastewater or system concentrate discharge disposal locations.

4.

Chemical handling plan and storage. Copies of Material Data Status Sheets (MSDS) for all known chemicals shall be submitted.

5.

Plans and calculations showing anticipated product water storage location and size of storage system.

6.

Plans for the structure housing the proposed system.

7.

A landscape plan for screening of said structures.

8.

Plans for emergency generator facilities and fuel.

9.

Electric plans.

10.

Monitoring systems and data collection.

11.

As-built plans.

C.

Hydrogeology and geotechnical. Shall evaluate the impacts to existing surficial freshwater resources from saline or hypersaline wastewater or concentrate discharge from the reverse osmosis plant by professional geologist with experience in shallow barrier island aquifer systems and shall submit the following.

1.

Plans identifying the location and use of surface water bodies and existing surficial aquifer wells within a 1,000-foot radius of the project site.

2.

A subsurface study including:

a.

Geologic formations within zones of surficial aquifer water supply and area of wastewater or concentrate discharge.

b.

Water quality profile of the surficial aquifer that identifies fresh and saline water layers.

c.

Permeability tests of proposed wastewater or concentrate discharge zone including a bench scale load test performed in the presence of the town's representative.

d.

Modeling of expected migration of wastewater or concentrate discharge plume with evaluation of impact to adjacent properties irrigation water withdrawal wells, on-site wastewater disposal drain-fields, and surface water bodies.

3.

Design report that includes proposed facilities, testing results, modeling results and certification by a State of Florida licensed geologist or engineer.

D.

Permits. All applicable federal, state and local permits shall be identified and obtained and provided to the town.

1.

Permitting wastewater or concentrate discharge and proper disposal of same.

2.

If wastewater or concentrate discharge is exempt from permitting, provide written proof that agency reviewed data submitted by reverse osmosis applicant and issued a written exemption.

3.

Certificate from a licensed engineer that no overflows of wastewater or concentrate discharge to surface water will occur.

E.

Chemicals. A certificate of a licensed engineer as to the chemical hazards from chlorine, acid storage for reverse osmosis plant and identification of the plan for chemical delivery, storage, use and disposal, including:

1.

Anticipated chemicals used for the system, quantities used per month, along with the MSDS sheets for each chemical, and quantities to be stored on the lot.

2.

A storage system that safely houses and contains chemicals from escaping onto the ground or into the air.

3.

The method for and frequency of delivery of chemicals to the lot and removal of spent chemical containers for disposal off-site.

F.

Noise. A certificate of a licensed engineer that the maximum sound level from the reverse osmosis plant operation shall not exceed 72 decibels measured at the exterior of the reverse osmosis plant and shall not exceed 65 decibels measured at the property lines with a plan for addressing noise abatement from high pressure pumps.

G.

Odor. A certificate of a licensed engineer addressing odor control if source water for reverse osmosis contains hydrogen sulfide demonstrating that no odors will leave the lot.

H.

Setbacks. A certificate of a licensed engineer that all reverse osmosis plant facilities and appurtenances shall be located within the building envelope as defined by the yard setback requirements for the subject zoning districts.

I.

Minimum lot size. A certificate of a licensed engineer that the lot size is a minimum of two acres.

J.

Adverse impacts. A certificate of a licensed engineer providing assurances that there will not be any adverse impacts on adjoining property owner's irrigation water withdrawal wells, on-site wastewater disposal drain-fields, and surface water bodies.

(Ord. No. 401, § 20, 12-6-24)

A.

The board of adjustment may approve a reverse osmosis plant provided it finds that all of the following provisions have been:

1.

All requirements relating to lot size, setbacks, noise and odor.

2.

There would not be any adverse environmental impacts created by the installation of the reverse osmosis plant upon the property.

3.

All chemicals and machinery relating to the operation of the reverse osmosis plant is contained within a safe, noise-proof structure.

4.

The reverse osmosis plant shall be totally screened from view from adjoining properties, rights-of-way and waterways.

5.

The town engineer has determined, based upon a review of the engineering and any other applicable plans, that would not be any adverse impacts on an adjoining property owner's irrigation water withdrawal well, on-site wastewater disposal drain-fields, and surface water bodies.

(Ord. No. 401, § 20, 12-6-24)

A.

Prior to the final issuance of a certificate of occupancy for reverse osmosis plants a completion report shall be filed which includes test results of the installed as-built facilities including:

1.

Load test installed wastewater or concentrate disposal system that includes monitoring of water levels within the disposal trench and at least one monitor well outside the disposal trench and in the path of the discharge plume.

2.

Evaluate load test results and certification that the disposal system performs as designed without impact to existing town water resources, natural resources or adjoining property owner's irrigation water withdrawal wells, on-site wastewater disposal drain-fields, and surface water bodies.

(Ord. No. 401, § 20, 12-6-24)

Property owners who have installed a reverse osmosis plant on their property shall annually provide on, or before the anniversary date of the permit issued authorizing the installation of the system the following information:

1.

Assurance that surface flooding has not occurred.

2.

Assurance that wastewater is not being discharged to surface water.

3.

Assurance that the surficial aquifer (if present) is not being adversely impacted by wastewater.

4.

Assurance that an adjoining property owner's irrigation water withdrawal wells, on-site wastewater disposal drain-fields, and surface water bodies are not being impacted.

5.

Assurance that the reverse osmosis plant is in compliance with all federal, state, county and town regulations.

6.

The property owner shall submit to an inspection of the reverse osmosis plant by town staff and/or town consultants.

In the event a property owner fails to provide any of the above assurances pursuant to the annual inspection report, the town may suspend the operation of the reverse osmosis plant until the property owner demonstrates that it is in compliance with this criterion.

(Ord. No. 401, § 20, 12-6-24)

The application fee for the proposed installation of a reverse osmosis plant is $7,500.00. In the event the board of adjustment approves the installation of a reverse osmosis plant, the property owner shall pay to the town such additional fees as are required by ordinance. Once the reverse osmosis plant has been permitted and installed, the property owner shall obtain from the town an annual operation and maintenance permit and pay the annual fee of $2,000.00.

(Ord. No. 401, § 20, 12-6-24)