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Jupiter, FL Accessory Structures: ADU Rental Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Size cap
35% of principal building's gross floor area
Height limit
Cannot exceed principal building's height
Rental status
May be rented as a separate dwelling unit
Minimum size
400 square feet for an efficiency unit
Applies to
Mixed Use Development District (MXD) lots

Summary

In Jupiter's Mixed Use Development District, an auxiliary dwelling unit may be rented out as a separate residence, but it cannot exceed 35 percent of the principal building's gross square footage or stand taller than the main house on the lot. Sec. 27-1140(a)(6) requires the unit to meet every development and building standard that applies to a regular dwelling.

(6)Auxiliary dwelling units and accessory buildings.a.Auxiliary dwelling units and accessory buildings shall not exceed the height of the principal building on the same lot.b.Auxiliary dwelling units shall have kitchen facilities, bathroom facilities and may be rented or otherwise used as a separate dwelling unit.c.Auxiliary dwelling units shall be required to satisfy all applicable development and building regulations as would be required for a residential dwelling unit.d.The maximum size of an auxiliary dwelling unit or accessory building shall not exceed 35 percent of the gross square footage of the principal building.

Full Breakdown

Sec. 27-1140, the supplemental design regulations applying to every subdistrict of a Mixed Use Development District (MXD) master site plan, addresses auxiliary dwelling units and accessory buildings directly in subsection (a)(6). An auxiliary dwelling unit or accessory building cannot exceed the height of the principal building on the same lot. Unlike an ordinary accessory structure in a standard residential zoning district, which Sec. 27-1912(a) bars from being rented or used as a separate dwelling, an MXD auxiliary dwelling unit is expressly allowed to have kitchen and bathroom facilities and be rented or otherwise used as a separate dwelling unit.

That unit still has to satisfy every applicable development and building regulation required of any residential dwelling unit, including building code, fire code and parking code compliance. The maximum size of an auxiliary dwelling unit or accessory building is capped at 35 percent of the gross square footage of the principal building on the lot. The same Sec. 27-1140(a)(4) sets a 400-square-foot floor for an auxiliary dwelling unit built as an efficiency apartment. Individual MXD residential subdistricts layer on their own density rule: for example, the Residential, Low Subdistrict (RL) under Sec. 27-1104 permits one auxiliary dwelling unit per lot, counted within the overall approved density for the master site plan.

Violations & Fines

An MXD auxiliary dwelling unit built over the 35 percent size cap or taller than the principal structure is a zoning violation subject to the town's standard code enforcement process. A certificate of occupancy will not issue for the unit until it satisfies every development and building code standard required of a regular residential dwelling under Sec. 27-1140(a)(6)c, including compliance with applicable fire, building and parking codes.

Frequently Asked Questions

Can I rent out an auxiliary dwelling unit in Jupiter's MXD district?
Yes. Sec. 27-1140(a)(6)b specifically allows an auxiliary dwelling unit with kitchen and bathroom facilities to be rented or otherwise used as a separate dwelling unit, unlike ordinary residential districts where accessory structures cannot be rented out at all.
How big can an MXD auxiliary dwelling unit be?
No larger than 35 percent of the gross square footage of the principal building on the lot, per Sec. 27-1140(a)(6)d, and the code separately sets a 400-square-foot minimum for an efficiency-style unit under Sec. 27-1140(a)(4)a.
Does an MXD auxiliary dwelling unit need its own building permit?
Yes, and it must satisfy every applicable development and building regulation that would apply to any residential dwelling unit, including building code, fire code and parking requirements, under Sec. 27-1140(a)(6)c.

Sources & Official References

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