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Jupiter, FL Building Safety: Childcare Center Rules (2026)

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

Key Facts

Indoor space per child
35 square feet minimum
Outdoor play area, non-infants
75 sq ft per child, 1,500 sq ft floor
Outdoor play area, infants
45 square feet per infant
Fence height required
At least 4 feet, no gaps
Gas station buffer
400 feet (100 feet in MXD)
Minimum lot size
5,000 square feet

Summary

Jupiter requires at least 35 square feet of usable indoor space per child and 75 square feet of outdoor play area per non-infant child at any licensed child care facility, with a 1,500-square-foot outdoor play area floor even for small centers. Sec. 27-2101 also mandates a four-foot fence around every play area and keeps day cares 400 feet from gas stations.

(2)For each child in care, there shall be a minimum of 35 square feet of usable indoor space as defined by county health department. ... (3)There shall be a minimum of 75 square feet of outdoor play area per non-infant child as defined by county health department, for at least one-half of the total number of non-infant children for which the facility is licensed. However, a child care facility shall not have less than 1,500 square feet of outdoor play area.(4)There shall be a minimum of 45 square feet of outdoor play area per infant as defined by county health department, for at least one-half of the total number of infants for which the facility is licensed.(5)All outdoor play areas shall be enclosed by safe and adequate fencing, a wall or a combination of a fence and wall, of no less than four feet high. ... no day care, preschool or school facility shall be located in any of the above districts within 400 feet of any gasoline filling station or gasoline service station, except in the Mixed Use Development District (MXD), where there shall be a minimum of 100 feet separation required for day care and preschool facilities.

Full Breakdown

Sec. 302(2)(a) through (e). Sec. 27-2100 permits child care facilities by right in the Commercial, General District (C-2) and certain Indiantown Road Overlay zones with C-2 or C-3 underlying zoning, and as a special exception in most other residential, commercial and mixed-use districts, including several Mixed Use Development District subdistricts. Office, industrial or medical buildings may add an accessory child care facility for tenants or staff, by right if under 2,500 square feet in certain institutional districts, or by special exception if larger or in industrial districts.

Sec. 27-2101 sets the physical standards: minimum lot area of 5,000 square feet; at least 35 square feet of usable indoor space per child, measured between interior walls and excluding stairways, hallways, bathrooms, fixed furniture, kitchens, offices, laundry rooms and storage; at least 75 square feet of outdoor play area per non-infant child for half the facility's licensed non-infant capacity, with a hard floor of 1,500 square feet of outdoor play area regardless of enrollment; and at least 45 square feet of outdoor play area per infant for half the licensed infant capacity.

Every outdoor play area must be enclosed by fencing, a wall, or a combination at least four feet high, maintained without gaps that would let a child climb over, crawl under, or let animals in. The town may also require a landscape buffer to protect neighboring property values, and every facility must separately meet county health department rules. Sec. 27-2102 keeps day care, preschool and school facilities at least 400 feet from any gasoline filling or service station, dropping to 100 feet inside the Mixed Use Development District, measured from the station's property line to the facility's nearest building.

Violations & Fines

A child care facility that does not meet the district use approval, lot area, indoor or outdoor space, or fencing standards in Sec. 27-2101 cannot obtain a certificate of occupancy from the town. One sited inside the 400-foot gas-station buffer set by Sec. 27-2102 is ineligible for a building permit unless it qualifies for the reduced 100-foot Mixed Use Development District distance.

Frequently Asked Questions

How much outdoor play space does a Jupiter day care need?
Sec. 27-2101(3) requires at least 75 square feet of outdoor play area for each non-infant child, covering at least half the facility's licensed non-infant capacity, and no facility may have less than 1,500 square feet of outdoor play area regardless of enrollment.
Does a day care's play yard have to be fenced?
Yes. Sec. 27-2101(5) requires every outdoor play area to be enclosed by a fence, wall, or combination at least four feet high, with no gaps that would let a child climb over, crawl under, or let animals into the area.
Can a day care open next to a gas station in Jupiter?
Not within 400 feet under Sec. 27-2102, measured from the station's property line to the nearest building of the day care, preschool or school. In the Mixed Use Development District, that buffer drops to 100 feet.

Sources & Official References

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