Frequently Asked Questions

Q. What is the current zoning and land use designation of my property?

A. You may view an interactive map or download and print static copies of the most recent zoning and future land use maps in the mapping resources page. If you are unable to locate your property or wish to confirm your zoning and land use designation, call the Planning and Zoning Counter at 741-2323 to connect you with the Planning Tech on call service, or email the Planning and Zoning Department.

Q. What are the required setbacks for my property? 

A. Please call the Planning and Zoning Counter at 741-2323 to connect you with the Planning Tech on call service. To better assist you please refer to the property by the address and/or subdivision of the property. The Town's setbacks may be determined by the Planned Unit Development (PUD) "rules" that were agreed to when your subdivision was approved by Town Council, or they may be determined by the underlying Zoning District of the property. You will need to know if your property is in a PUD, the appropriate zoning district and the lot dimensions if you plan to check your own setbacks.

Please call the Planning and Zoning counter at 561-741-2323 or email us for further questions.

Q. What are overlay districts? 

A. An overlay district adds to the provisions of the applicable underlying zoning district and typically apply to a specific corridor or region and ensures that the unique needs of such corridor or region are met. The Town of Jupiter has one such overlay districts: The Indiantown Road Overlay Zoning District (IOZ).

Q. What is a variance?

A. The Zoning Board of Adjustment (ZBA) may grant variances authorizing a departure from the requirements of the land development regulations. In granting a variance, the ZBA may establish appropriate conditions or other such safeguards as it deems necessary to protect the public health, safety and general welfare. The ZBA is not empowered to authorize a variance to allow a use which is not permitted as a use-by-right or as a special exception, nor to allow an increase in residential density or non-residential development intensity beyond that which is permitted. Financial or economic hardships alone shall not be a basis for the granting of a variance.

The standards for the evaluation of legal hardship are:

1. That special conditions and circumstances exist which are peculiar to the land, structure, or building which is the subject of the variance application and which are not applicable to other lands, structures or buildings in the same zoning district.
2. That the special conditions and circumstances do not result from the actions of the applicant.
3. That literal interpretation of the provisions of these land development regulations would deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district, under the terms of these regulations, and would work unnecessary and undue hardships on the applicant.
4. That the variance granted is the minimum variance that will make possible the use of the land, building or structure.
5. That the grant of the variance is not contrary to the town's comprehensive plan
6. That the grant of the variance will be in harmony with the general intent and purpose of these land development regulations
7. That the grant of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. You may download and print the application for a variance in the resources page. It is advisable that you speak with a planner to go over the submission of the variance application.

Please contact the Planning and Zoning Counter at 741-2323 to connect you with the Planning Tech on call service. Click on the forms and fees for a variance application.

Q. Can I get a variance for the use I want on my property? 

A. You may never apply for a variance for a use. Variances only apply toward regulations of the code, such as setbacks, height requirements, lot coverage, etc when a hardship can be demonstrated. Whether a certain use is "by-right", "special exception", or prohibited can not be changed by a variance as it is not the approriate article of law. Changes in use regulations (or "what can go where") must occur through a Zoning Text and/or Comprehensive Plan Amendment.

Q. How do I get a copy of a permitted site plan or an old survey of my home? 

A. You may call the building counter at 741-2288, email or visit the Building Department and request research for site plans and surveys that are public record. The time and fees are variable to the request and workload of the Research and Records department of the Building Division, please allow them time to get your request completed.

Q. What is an easement? 

A. An easement is a specified dedication of land to serve the purpose of the provision of services or the provision of access. A utility easement is a common example of an easement. To find out if you have an easement on your property, provide a recent survey to the planning and zoning counter and staff would assist you. You may also check the Engineering Division, where a Recorded Plat of your property may be located. There are different easements withvarying less than fee simple rights to your land, and these easements will effect how you can utilize the land and whether you may build over them. More specific information about easements are in store for the homeowners page currently in development.

Q. What is my PCN (Property Control Number)? 

A. Property control numbers are assigned by metes and bounds. You may find your property control number by agreeing to the conditions of the Property Appraiser's Office web page. Visit the PAPA site and select the owner, address or name of the subdivision of the property if you need to find the properties PCN number. If you have the PCN number and would like to find the property information made available to the public, you may select by PCN number.

Q. May I split my property into two or more parcels? 

A. You may split your property into two or more parcels assuming that all parcels meet minimum lot dimensions based on the zoning designation of the property. A table of the lot dimensions will be provided in the resources page. The splitting of your property requires an application to the Engineering Division. For more information on this process, call the Engineering Division at 741-2372. Site plan approved may also be required, contact the Planning and Zoning Department for more information.

Q. How does a property get annexed? If my property is unincorporated, why would I want to consider annexing into the Town? 

A. First, the state has rules regarding annexation that does not allow the Town to consider certain property for annexation, regardless of the situation. First, the property must be contiguous, that is, it must touch the current Town boundary. To find out if an unincorporated property touches the Town Boundary, check our Future Land Use Map in our mapping resources page. The solid black line is the Town Boundary. Second, it must be "reasonably compact". Third, as a practical matter, the property must also make sense in terms of the services we must provide as a resident and property of the Town.

Property may be annexed by different methods. The two main ways in which property is annexed is commonly referred to as "voluntary" annexation and annexation by "referendum". Property owners may submit a voluntary annexation of contiguous property by submitting a voluntary annexation petition (signed by all property owners of the affected annexation) and voluntary annexation form. The property is considered incorporated into the Town upon approval of the annexation ordinance after the second reading at Town Council. Several property owners may initiate an annexation by referendum, which is the method used to annex large subdivisions at one time. This process is governed by state law (Chapter 171 of the Florida Statues). A referendum is held for registered voters in the area proposed to be annexed. A majority of those casting votes determines the outcome and, if approved is area is incorporated in the Town. If the area fails to gain a majority of votes, the area remains unincorprated. The Town sets up the referendum by adopting an ordinance of annexation after holding at least two public hearing. The referendum shall not be held sooner than 30 days following the final adoption of the ordinance. This process must involve community meetings and a common desire to annex. In order to initiate this process with the Town, please call or email David Kemp at 741-2452. The Town may also annex small enclaves of ten acres or less through an interlocal agreement with Palm Beach County. (Enclaves are areas of unincorporated property that are completely surrounded by the Town). This is not a common method of annexation, however, if the County and Town agree that it is in the best interest of the governmental agencies and the affected owners, they may elect to participate in an Interlocal Agreement to incorporate the property into the Town.

Q. What is the Comprehensive Plan? 

A. The Comprehensive Plan is a ten-year blueprint for future growth of the Town. It summarizes relevant information such as population projections, the pattern of existing development, suitability of land for development, the capacity of public facilities to serve future development, and the financial capacity of the Town to make improvements to those facilities.It establishes official Town policies toward land use and growth. It includes the Future Land Use Map (FLUM), which regulates the general type of land use that is allowed (ie: C.R.I.: Commercial, Residential or Industrial, etc.) and the maximum density (living units per acre) or intensity (square feet of building area) allowed for those uses. The State of Florida requires all counties and municipalities to adopt a comprehensive plan. All land use decisions made by the Town must be in conformance with the Comprehensive Plan.

The Comprehensive Plan must consist of the following Elements, or chapters: Future Land Use, Transportation, Infrastructure (water, wastewater, drainage, etc), Recreation and Open Space, Conservation, Housing, Intergovernmental Coordination, and Capital Improvements. They may also include discretionary elements dependent on the need for them in an individual community. An example in the Town's Comprehensive Plan is the Coastal Management and Public School Facilities Elements.  

The Comprehensive Plan can be revised or amended up to two times per year. Every seven years the plan is evaluated and usually rewritten to update the blueprint for the NEXT seven years. This process is called the Evaluation and Appraisal Report (EAR). The next EAR process will begin in 2012 and will conclude in 2013. The Community Investment Progam (or CIP) is updated annually. (click to view the 2010 - CIP)

Q. What is the difference between a Future Land Use and a zoning district? 

A. Zoning is a tool to help implement the Town's Comprehensive Plan. As a part of the Comprehensive Plan, the Future Land Use Element was adopted to assign Future Land Use designations to various areas of the Town. The Future Land Use designation determines the general type of land use that is allowed (such as commercial, residential or industrial), provides for location criteria (or the reasons why they should exist in certain locations of the Town and not others) and the maximum density or intensity of those uses. Within each Future Land Use designation, certain zoning district classifications can be assigned to provide a more detailed category of regulations. The zoning districts are located in the Town Code, which is an instrument of regulation passed by the Town Council and must be consistent with the Comprehensive Plan. 

Q. Where can I get copies of the Comprehensive Plan and Zoning Code?

A. You may find the Town's Comprehensive Plan in the Comprehensive Plan page and the complete or Planning and Zoning sections of the Town Code here. The comprehensive plan and town code are public documents for your viewing, storing and copying. State Statutes may be found through the state legislative web page. All written material of our documents and maps may be purchased at the Counter, or by mail from the Planning and Zoning Division. A list of fees will be made available in the forms page.  

Q. How close to the property line may I place my fence?

A. With the proper building permit, you may install a fence adjacent to or on the rear and side property lines. The fence may not exceed six feet on the rear and side property lines or while it maintains the front yard envelope, or flush with the front of the house.  The fence may not exceed four feet on the front and street side (corner side) property lines in residential districts if it is located on the front or street side (corner side) property lines.

Q. How is the amount of required off-street parking is determined?

A. The number of spaces are determined by the use of the property. Each type of use requires a certain parking ration, normally expressed in terms of number of spaces per number of square feet of building floor area. i.e.: General retail requires 1 parking space per 250 square feet of gross floor area. Even residential uses require parking, i.e.: residential units require 2 parking spaces for the first 3 bedrooms + 1 for each bedroom over 3 bedrooms. The parking regulations can be found in Division 11 of Article 10 of the Town Code.

Q. I thought that the Town used the same regulations as the County?

A. Not necessarily. The Town has a separate Comprehensive Plan and Code of Ordinances that are not required to be the same as the County. They must not conflict with the County's comprehensive plan, but they may be more restrictive and include provisions that the County does not. Zoning guidelines allow for flexibility of regulation that allow for the creation of unique townships and cities throughout the County. If every municipality was required to have the same regulations, every municipality from Delray to Jupiter would look the same. 

The misunderstanding of this concept is compounded by the fact certain areas of the Town actually may not have a Town zoning district assigned to them. This is due to the fact that they were built while unincorporated and under the regulations of the County. Only afterwards were these communities annexed into the Town. If the Town assigned stricter or even looser zoning regulations on the remaining vacant lots, they would be forced to meet regulations different than their neighbors, which would not be fair nor consistent with the feel of the community. After a community is built out, the Town may elect to assign a Town of Jupiter zoning district, but sometimes this causes conflict with what is already built and what is permitted in the Town Code (called a noncomformity). Although the Town Code adequately addresses noncomforming structures, the Town does not wish to create undue hardship on property owners that fall under this circumstance. Therefore, until a remedy is approved, the property is assigned a Town Future Land Use designation, but remains assigned with a Palm Beach County zoning district.

Q. What are the regulations pertaining to docks?

A. Please refer to Section 27-1399 of the Town Code for detailed regulations pertaining to docks, or call Jenny Gellermann at 741-2427.

Q. What is a Community Redevelopment Agency (CRA)? 

A. A Community Redevelopment Agency (CRA) is a dependent taxing district established by the Town and County for the purpose of carrying out redevelopment activities that include reducing or eliminating blight, improving the tax base, and encouraging public and private investments in the CRA area. CRAs are created to assist the Town in pursuing the redevelopment in targeted areas, such as the Riverwalk. By establishing a CRA, the Town is given financial and planning mechanisms by which redevelopment can occur in areas that the private market will not or can not affect.

Q. What are the sign codes in the town?

A. Please refer to the following Town Code sections for detailed regulations regarding signage. You will note that the Town has a general sign code and sign codes designed for three special districts, one for the Indiantown Overlay Zoning District (IOZ), one for the MXD zoning district, one of the US Highway One Corridor. Please contact the Planning and Zoning Counter at 741-2323 and we will be happy to fax or provide you a copy of the illustrations that are not linked to the .pdf files.

Q. I have a question that is not in this list!

A. You must have not e-mailed us your question and submitted it with a heading "Missing FAQ". We will continue to add Frequently Asked Questions when we get new submissions for questions from you. You may contact the Planning and Zoning Division by email, phone (741-2323) or visit us with any question that you may have that has not been answered by our webpage.