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Code of Ordinances Supplement 49 èûúð÷íöùíîè÷îèé ìÛÕ× íÖÖÓÙÓÛÐÉÍÖÈÔ×æÓÐÐÛÕ×ÓÓÓ ìÊ×ÖÛÙ×Æ ûØÍÌÈÓÎÕíÊØÓÎÛÎÙ×ÆÓÓ ê×ÛØÍÌÈÓÎÕíÊØÓÎÛÎÙ×ÄÓ ùÔ×ÙÑÐÓÉÈÍÖçÌÈÍøÛÈ×ìÛÕ×Éá ß éÇÌÌÐ×Ï×ÎÈôÓÉÈÍÊÃèÛÚÐ×éô ìûêèó ùôûêè÷ê ùÔÛÊÈ×Ê ûÊÈóùÍÊÌÍÊÛÈ×îÛÏ× ûÊÈóûæÓÉÓÍÎéÈÛÈ×Ï×ÎÈ ûÊÈóóè×ÊÊÓÈÍÊÓÛÐúÍÇÎØÛÊÓ×É ûÊÈóóóð×ÕÓÉÐÛÈÓÆ×  ûÊÈóæûØÏÓÎÓÉÈÊÛÈÓÆ×  ûÊÈæëÇÛÐÓÖÓÙÛÈÓÍÎÉÛÎØ÷Ð×ÙÈÓÍÎÉ  ûÊÈæóèÊÛÎÉÓÈÓÍÎéÙÔ×ØÇÐ×  ùÔÛÊÈ×ÊùÍÏÌÛÊÛÈÓÆ×èÛÚÐ× ìûêèóó ùíø÷íöíêøóîûîù÷é ùÔÛÌÈ×Ê õ×Î×ÊÛÐìÊÍÆÓÉÓÍÎÉ ûØÏÓÎÓÉÈÊÛÈÓÍÎ ûÊÈóóÎõ×Î×ÊÛÐ  ûÊÈóóùÍÇÎÙÓÐ  øÓÆ õ×Î×ÊÛÐÐà  øÓÆ êÇÐ×ÉÍÖìÊÍÙ×ØÇÊ×  ûÊÈóóóûØÏÓÎÓÉÈÊÛÈÓÆ×ùÍØ×  øÓÆ õ×Î×ÊÛÐÐà  øÓÆ ûÇØÓÈùÍÏÏÓÈÈ××  øÓÆ ø×ÌÛÊÈÏ×ÎÈÍÖöÓÎÛÎÙ×  øÓÆø×ÌÛÊÈÏ×ÎÈÍÖê×ÙÍÊØÉ   øÓÆø×ÌÛÊÈÏ×ÎÈÍÖìÇÚÐÓÙéÛÖ×Èà  øÓÆø×ÌÛÊÈÏ×ÎÈÍÖìÇÚÐÓÙåÍÊÑÉ  øÓÆø×ÌÛÊÈÏ×ÎÈÍÖðÓÚÊÛÊà  øÓÆø×ÌÛÊÈÏ×ÎÈÍÖùÍÇÎÈÊÃùÐÇÚ  øÓÆø×ÌÛÊÈÏ×ÎÈÍÖê×ÙÊ×ÛÈÓÍÎ  øÓÆ ø×ÌÛÊÈÏ×ÎÈÍÖùÍÏÏÇÎÓÈÃø×Æ×ÐÍÌÏ×ÎÈ   ûÊÈóæïÛÎÛÕ×Ê   ÄÓ éÇÌÌîÍ îíêèôìûðïú÷ûùôùíø÷ ùÔÛÌÈ×ÊìÛÕ× ûÊÈæì×ÎÉÓÍÎÉÛÎØê×ÈÓÊ×Ï×ÎÈéÃÉÈ×ÏÉ  øÓÆ õ×Î×ÊÛÐÐà  øÓÆ éÍÙÓÛÐé×ÙÇÊÓÈà  øÓÆ ì×ÎÉÓÍÎÛÎØù×ÊÈÛÓÎíÈÔ×Êú×Î×ÖÓÈÉÖÍÊõ×Î ×ÊÛÐ÷ÏÌÐÍÃ××É  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    ûØØ    ûØØ  íù      ûØØ    íù    ûØØ      ûØØ     ûØØ       ûØØ      ûØØ áß éÇÌÌîÍ ùô÷ùñðóéèíöçìèíøûè÷ìûõ÷é ìÛÕ×îÍéÇÌÌîÍìÛÕ×îÍéÇÌÌîÍ              ûØØ                                                                                                                          íù             íù íù íù  íù  íù  íù        áß éÇÌÌîÍ éÇÌÌÐ×Ï×ÎÈôÓÉÈÍÊÃèÛÚÐ× èÔ×ÈÛÚÐ×Ú×ÐÍÅÛÐÐÍÅÉÇÉ×ÊÉÍÖÈÔÓÉùÍØ×ÈÍËÇÓÙÑÐÃÛÎØÛÙÙÇÊÛÈ×Ðà Ø×È×ÊÏÓÎ×ÅÔÛÈÍÊØÓÎÛÎÙ×ÉÔÛÆ×Ú××ÎÙÍÎÉÓØ×Ê×ØÖÍÊÙÍØÓÖÓÙÛÈÓÍÎÓÎ×ÛÙÔ ÉÇÌÌÐ×Ï×ÎÈíÊØÓÎÛÎÙ×ÉÈÔÛÈÛÊ×ÍÖÛÕ×Î×ÊÛÐÛÎØÌ×ÊÏÛÎ×ÎÈÎÛÈÇÊ×ÛÊ× ÙÍØÓÖÓ×ØÓÎÈÔ×ùÍØ×úÍÍÑÛÎØÛÊ×ÙÍÎÉÓØ×Ê×Ø CHARTER § 1 said westerly right-of-way line being herein as- Subject to restrictions, reservations, easements sumed to be a line parallel to and 40 feet westerly and covenants of record, if any, to the extent that from the centerline of said road, and also being same are valid and enforceable. parallel to and 7 feet westerly from the westerly Lots 43, 44, 45 and 46, KELSEY ACRES, PLAT right-of-way line of said road, as per Plat of NO. 2 (LESS AND EXCEPT that land taken or Rivard Subdivision, as recorded in Plat Book 21, conveyed to the Department of Transportation for page 12, and said point of beginning being 1145.6 Highway Purposes as shown on Road Plat Book 4, feet northerly, measured along said right-of-way page 22 and as appear in instruments recorded in line,from the South line of said Section 17;thence Official Record Book 3538, page 1834 and in westerly, at right angles to the preceding course, Official Record Book 3543,page 332), according to 128.06 feet,more or less,to a point in the westerly the plat thereof on file in the Office of the Clerk of line of the Southeast Quarter of the Southwest the Circuit court in and for Palm Beach County, Quarter of said Section 17;thence northerly along Florida, as in Plat Book 24, page 47. said westerly line, 54.15 feet, more or less, to a point in a line parallel to, and 50 feet northerly Lot 47,KELSEY ACRES#2,according to the Plat from, measured at right angles to, the South line thereof on file in the Office of the Clerk of the of the herein described parcel, thence easterly Circuit Court in and for Palm Beach County, along said parallel line, 107 feet more or less,to a Florida, recorded in Plat Book 24, Page 47, less point in said westerly right-of--way line of State and except the following described property con- point veyed to the State of Florida by instrument re- Road AlA; thence southerly along said westerly corded at Official Record Book 3697, Page 355 of right-of-way line, 50 feet, more or less, to the Official Records of Palm Beach County, Florida: point of beginning. Commence at the Northwest corner of said Lot 47, thence South 38°22'23" West along the Westerly PARCEL II:A parcel of land in Section 17, Town- line of said Lot 47, a distance of 68.64 feet to the ship 42 South, Range 43 East, more particularly POINT OF BEGINNING; thence continue South described as follows: 38°22'23"West along said Westerly line a distance of 29.69 feet to a point on a curve concave South- Beginning at a point in the westerly right-of-way westerly having a tangent bearing of South line of State Road AIA, formerly State Road 176, 36°18'02" East through said point; thence south- said westerly right-of-way line being herein as- easterly along said curve having a radius of sumed to be a line parallel to and 40 feet westerly 5769.58 feet,through an angle of 01°27'35" an arc from the centerline of said road, and also being distance of 146.99 feet to the Southeast corner of parallel to, and 7 feet westerly from the westerly said Lot 47; thence North 50°46'22" East along right-of-way line of said road, Plat of Rivard the Easterly line of said Lot 47 a distance of 25.83 Subdivision,Plat Book 21,Page 12,and said point feet to a point on a curve concave Southwesterly of beginning being 1095.6 feet northerly, mea- and having a tangent bearing of North 33°50'47" sured along said right-of-way line,from the South West through said point; thence Northwesterly line of said Section 17, then northerly along said along said curve having a radius of 6305.45 feet westerly right-of-way line 50 feet; then westerly through an angle of 01°23'44" an arc distance of at right angles to the preceding course, 128.06 153.58 feet to the POINT OF BEGINNING. feet,more or less,to a point in the westerly line of A parcel of land in the southwest quarter of the Southeast Quarter of Southwest Quarter of Section 17, Township 42 South, Range 43 East, said Section 17; then southerly along said west- palm Beach County, more particularly described erly line, 53.96 feet, more or less to a point in a as follows: line parallel to, and 50 feet southerly from, mea- sured at right angles to, the north line of the Beginning at the intersection of the easterly right- herein described parcel, thence easterly along of-way line of the Florida East Coast Railroad and said parallel line 144 feet, more or less, to a point the westerly extension of the southerly right-of- of beginning. way line of Richard Road as said right-of-way is Supp. No. 49 10.1 § 1 NORTH PALM BEACH CODE shown on the plat of Kelsey Acres recorded in Plat 4. S. 14°56'36"E. 443.52 Feet to the North Book 22, Page 16, Public Records of Palm Beach line of a public right of way 20.0 feet wide, County, Florida; thence southerly along the east- known as Richard Road; Thence erly right-of-way line of the F.E.C. Railroad a 5. Along said North Right of Way line S. distance of 530.00 feet;thence easterly making an 88°17'20"E. 85.92 Feet to the West Right angle with the preceding course measured from of Way line of the Florida East Coast North to East of 85°00'20", a distance of 271.47 Railroad; Thence feet,more or less,to the westerly right-of-way line of State Road A-1-A, said right-of-way line being 6. Along said West Right of Way line N. also the arc of a curve concave to the Southwest 20°54'37" W. 368.10 Feet to the beginning and having a radius of 5689.58 feet;thence north- of a curve to the left, having a radius of westerly, along the arc of said curve and the 1859.96 Feet; Thence westerly right-of-way line of state road A-1-A, 7. Along the arc of said curve 604.77 Feet, through an angle of 4'14'13" a distance of 430.73 through a central angle of 18°37'48"to the feet to the said westerly extension of the south- Point of Tangent; Thence erly right-of-way line of Richard Road; thence westerly along said westerly extension a distance 8. Along the Tangent N. 39°32'25"W 250.45 of 232.47 feet to the point of beginning. Less Feet to the Point of Beginning. additional right-of-way acquired by the depart- Parcel Control Number: 00-43-42-17-00-00-000- ment of transportation in that order of taking 3030 recorded in Official Record Book 3666, Page 141. Parcel 2 Exhibit "A" The part of the Southwest 1/4 of the Northwest LEGAL DECRIPTION 1/4 lying west of Old Dixie Highway, LESS the South 110 feet of Section 17, Township 42 South, Parcel 1 Range 43 East, Palm Beach County, Florida. That portion of the Southwest 1/4 of the South- Also described as: west 1/4 of the Northwest 1/4; and that portion of ALL that part of the Northwest one-quarter of the Northwest 1/4 of the Northwest 1/4 of the Section Seventeen, Township Forty-two South, Southwest 1/4, less the south 10.0 feet thereof, of Range Forty-three east, lying south and west of Section 17, Township 42 South, Range 43 East, the Old Dixie Highway, as originally constructed, lying between the Florida East Coast Railroad along the west side of the Florida East Coast right of way on the east and a County Road, 40 Railroad, except the south one hundred and ten feet wide, (Old Dixie Highway) on the west, in feet thereof, which is reserved to the grantors Palm Beach County, Florida; and being more herein. particularly described as follows: Parcel Control Number: 00-43-42-17-00-000-3100 Beginning at a point where the Westerly right of way line of the Florida East Coast Railroad inter- Parcel 3 sects the West line of Section 17, Township 42 The Southwest Quarter (SE 1/4) of the Northeast South, Range 43 East; said point being 382.05 Quarter (NE 1/4) of Section 18, Township 42 Feet North of the West Quarter Corner of said South, Range 43 East, Palm Beach County, Flor- Section 17; run thence along the following num- ida, lying west of Old Dixie Highway and South- bered courses: east of Canal C-17, less the south 150 feet thereof 1. Along the West line of Section 17, S. and less parcel described in Official Record Book 1°34'38"W 45.62 Feet; Thence 712, Page 163 and Official Record Book 4503, Page 1421, both of the Public Records of Palm 2. S. 39°32'25"E. 216.07 Feet; Thence Beach County, Florida. 3. S. 31°52'20"E. 478.43 Feet; Thence Parcel Control Number: 00-43-42-17-00-000-1030 Supp. No. 49 10.2 CHARTER § 1 Parcel 4 according to the minutes of the Board of County A parcel of land in the Northeast quarter(NE 1/4) Commissioners of February 6, 1917, Page 107; thence South 39°34'33" East along said right-of- of Section 18, Township 42 South, Range 43 East, way line a distance of 21.29 feet; thence South Palm Beach County, Florida. Being more partic- 70°27'58" West departing said right-of-way line a ularly described as follows: distance of 116.19 feet to a point of curve concave Commencing at the Southeast corner of said North- to the Southeast having a radius of 780.00 feet east quarter(NE 1/4) of Section 18; thence North and a central angle of 3°41'57";thence Southwest- 01°34'38" East along the East line of said North- erly along the arc of said curve a distance of 50.36 east quarter (NE 1/4) a distance of 150.24 feet; feet to the Point of Beginning. thence North 88°25'22" West departing said east Parcel Control Number: 00-43-42-18-00-000-1050 line a distance of 150.23 feet to the Point of Beginning of the hereinafter described parcel of Parcel 5 land; thence North 88°25'22" West of distance of 295.23 feet to a point on the Southeasterly right- Parcel No. One: From the Southeast corner of the of-way line of the C-17 canal as shown on South Southeast 1/4 of the North 1/4 of Section 18, Florida Water Management District Right-of--Way Township 42 South, Range 43 East, run North Map No. C-17-13 Sheet 5 of 6. Said point being on 88°26'55" West along the South line of the South- Map curve concave to the Southeast with a radius of east 1/4 of the Northeast 1/4 of said Section 18, a 800.00 feet and a radial bearing at this point of distance of 210 feet to the Southwest corner of the South 42°56'51" East;thence Northeasterly along parcel conveyed to Vernon G. Luckey, et ux, by the arc of said curve and said right-of--way line deed recorded in Official Record Book 2003, Page North- through a central angle of 19°43'52" a distance of 1841, being the Point of Beginning: thence North- 275.50 feet; thence South 22°34'12" East depart- ing said right-of-way line a distance of 170.46 feet conveyed to Vernon G. Luckey, et ux, a distance of to the Point of Beginning. 149.97 feet; thence North 88°28'50" West, a dis- tance of 93.0 feet; thence Southerly, parallel with Together with a 20 foot wide ingress and egress the West line of said parcel conveyed to Vernon G. easement being more particularly described as Luckey, et ux, a distance of 149.92 feet to the follows: intersection with the South line of said Southeast 1/4 of the Northeast 1/4 of said Section 18;thence Commencing at the Southeast corner of said North- easterly along said south line a distance of 93.0 east quarter (NE 1/4) of said Section 18; thence feet to the Point of Beginning. North 01°34'38" East along the East line of said g g. Northeast quarter (NE 1/4) a distance of 150.24 Parcel No. Two: From the Southeast corner of the feet; thence North 88°25'22" West departing said Southeast 1/4 of the Northeast 1/4 of Section 18, East line a distance of 150.23 feet to a point on the Township 42 South, Range 43 East, run North easterly line of the above described parcel of land; 38°26'55" West along the South line of the South- thence North 22°34'12" West along said Easterly east 1/4 of the Northeast 1/4 of said Section 18, a line a distance of 170.46 feet to the Point of distance of 303.0 feet to the Point of Beginning; Beginning of the hereinafter described easement; thence Northerly and parallel with the western thence continue North 22°34'12" West of distance line of the parcel conveyed to Vernon G. Luckey,et of 20.00 feet to a point on the said Southeasterly ux,by deed recorded in Official Record Book 2003, right-of-way line of the C-17 Canal said point Page 1841, a distance of 149.92 feet;thence North being on a curve concave to the Southeast with a 88°28'50"West,a distance of 142.01 feet to a point radius 800.00 feet and a central angle of 3°40'57"; on the Southerly right-of-way of Canal C-17 of the thence Northeasterly along the arc of said curve Central and Southern Florida Flood Control Dis- and said right-of-way line a distance of 51.42 feet trict as described in Deed Book 1075, Page 360; to a point of tangency; thence North 70°27'58" thence Southwesterly along the arc of a curve East of distance of 108.89 feet to a point in the concave to the Southeast,having a radius of 800.0 westerly right-of-way line of Old Dixie Highway feet a distance of 192.32 feet (chord 191.96)to the Supp. No. 49 10.3 § 1 NORTH PALM BEACH CODE intersection of said curve with the South line of land conveyed to Hykel N. Sarkes, et ux, by deed said Southeast 1/4 of the Northeast 1/4 of said recorded in Deed Book 1090, Page 453; thence Section 18; thence Easterly along said South line West along the South line of said Sarkes parcel a a distance of 262.28 feet to the Point of Beginning. distance of 20 feet, thence North, parallel to the East line of said Section 18, a distance of 20 feet; PARCEL ONE & TWO being subject to and to- thence East 18 feet more or less to the East line of gether with rights of ingress and egress over and said Sarkes parcel; thence Southeasterly along across the following described easements said East line of the Sarkes parcel to the Point of Together with the following easements for ingress Beginning. and egress: 5. An easement for access described as fol- 1. Right of way and easement over the North lows: 30 feet of the East 256.55 feet of the parcel of land described in Deed recorded From the Southeast corner of the Southeast 1/4 of in Official Record Book 2003 Page 1841. the Northeast 1/4 of Section 18, Township 42 South, Range 43 East, run thence North 1 035'20" 2. Easement for access over the North 20 East along the East line of said Section 18 a feet of the South 170 feet of the East 150 distance of 170 feet to the Point of Beginning; feet of the Southeast 1/4 of the Northeast thence continue Northerly on the same course to a 1/4 of Section 18, Township 42 South, point in the Southwesterly right of way line of the Range 43 East. Old Dixie Highway; thence run Northwesterly 3. Easement for access over the following along said Southwesterly right of way line to a described parcel: point which is 20 feet West of measured at right angles to, the East line of said Section 18; thence Commencing at the Southeast corner of the South- run South,parallel to the East line of said Section east 1/4 of the Northeast 1/4 of Section 18, Town- 18, to a point 170 feet North of the South line of ship 42 South,Range 43 East;thence North along the Southeast 1/4 of the Northeast 1/4 of said the East line of said Section a distance of 170 feet; Section 18, thence run east 20 feet to the Point of thence West along the North line of a 20 foot Beginning. easement a distance of 150 feet to the Point of Beginning; thence West on a westerly projection PARCEL ONE AND PARCEL TWO ARE ALSO of the last described line, a distance of 15 feet KNOWN AS THE FOLLOWING DESCRIBED more or less to the east line of the parcel of land PROPERTY: conveyed to Hykel N. Sarkes, et ux, by deed A Parcel of land in Section 18,Township 42 South, recorded in Deed Book 1090, Page 450; thence Range 43, East, more particularly described as Southeasterly along the east line of said Sarkes follows: parcel a distance of 25 feet, more or less to the Southwest corner of said 20 foot easement;thence From the Southeast corner of the Southeast 1/4 of North along the West line of said 20 foot easement the Northeast 1/4 of Section 18, Township 42 a distance of 20 feet to the Point of Beginning. South, Range 43 East, continue Westerly along 4. Easement for access over the following the south line of the Southeast 1/4 of the North- described parcel: east 1/4 (a/k/a 1/4 Section Line) North 88°39'20" West, 210.00 feet to the Point of Beginning of said Commencing at the Southeast corner of the South- parcel;(Point of Beginning);thence North 88°39'20" east 1/4 of the Northeast 1/4 of Section 18, Town- West, 356.50 feet to the Southeasterly right of ship 42 South, Range 43 East;thence north along way of the C-17 canal; thence North 40°2l'04" the East line of said Section a distance of 150 feet East, 192.82 feet along the chord of a curve and to the South line of a 20 foot easement; thence the Southeasterly right of way of the C-17 Canal, West along the south line of a 20 foot easement a having a radius of 800 feet,a length of 193.29 feet, distance of 150 feet to the Point of Beginning,said and a delta angle of 13°50'36" to the Northwest point being the Southeast corner of the parcel of corner of said parcel; thence South 88°41'14" Supp. No. 49 10.4 CHARTER ` 3 East, 235.23 feet along the North line of said Parcel Control Number: 00-43-42-18-00-000-1040 parcel;thence South 01°22'56" West, 149.97 (feet) (Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95, to the Point of Beginning of said parcel. 2-9-95; Ord. No. 24-96, 7-11-96; Ord. No. 33-96, 8-22-96; Ord. No. 20-99, § 1, 5-27-99; Ord. No. Parcel Control Number: 00-43-42-18-00-000-1060 16-2002, § 1, 5-23-02; Ord. No. 27-2002, § 1, Parcel 6 9-26-02; 03-2003, § 1, 2-13-03; Ord. No. 10-2004, §§ 1(Exh. A), 7-8-04; Ord. No. 33-2004, § 1(Exh. The following property in PALM BEACH County, A), 12-9-04; Ord. No. 2007-04, § 2, 3-8-07; Ord. Florida: No.2007-05,§2,3-8-07;Ord.No.2008-10,§2(Exh. A), 9-11-08; Ord. No. 2010-18, § 2(Exh.A), 10-28- A parcel of land in the Southeast quarter(SE 1/4) 10) of the Northeast quarter (NE 1/4) of Section 18, Township 42 South, Range 43 East, Palm Beach County, Florida, described as follows: ARTICLE III. LEGISLATIVE From the Southeast corner of the Southeast quar- ter (SE 1/4) of the Northeast quarter (NE 1/4) of Section 1. Village council; powers and com- position. Section 18, Township 42 South, Range 43 East. Run North 88°26'55" West along the South line of There shall be a village council with all legis- said Southeast quarter (SE 1/4) of the Northeast lative powers of the village vested therein consist- quarter (NE 1/4) of Section 18, a distance of 150 ing of five(5)members who shall be electors of the feet to the Point of Beginning; thence North village,who shall be elected by the electors of the 1°35'20" East parallel to the East line of Section village. 18, a distance of 150 feet; thence North 88°28'50" (Ord. No. 1-76, § 1, 2-19-76) West a distance of 60 feet to a point: thence Southerly,parallel to the east line of Section 18, a Section 2. Election and terms. distance of 150.04 feet to a point; thence Easterly On the second Tuesday in March of each year a along the South line of the said Southeast quarter general election shall be held to elect members of (SE 1/4) of the Northeast quarter (NE 1/4) of the village council. The selection of members of Section 18, a distance of 60 feet to the Point of the village council shall be by groups to be known Beginning. Also an easement for access over the North 20 feet of the South 170 feet of the East 150 as Groups 1, 2, 3, 4 and 5. The councilmen in feet of the said Southeast quarter (SE 1/4) of the Groups 1, 3 and 5 shall be elected in the even Northeast quarter (NE 1/4) of Section 18; also an years and councilmen in Groups 2 and 4 shall be easement for access as described in Deed Book elected in the odd years. The term of office of a 1117, Pages 281 and 284. Public Records of Palm councilman shall commence upon his election and Beach County, Florida. qualification and shall continue for two (2) years thereafter and until his successor is elected and Parcel Control Number: 00-43-42-18-00-000-1200 qualified; provided, however, that the terms of office of those councilmen whose terms expire in Parcel 7 March of 1981 and March of 1982 shall be short- ened by a period of one week. Beginning at the Southeast corner of the South- (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1, east 1/4 of the Northeast 1/4 of Section 18, Town- 10-9-80) ship 42 South, Range 43 East, as a Point of Beginning; thence North along the Easterly sec- Section 3. Mayor. tion line a distance of 150 feet; thence Westerly parallel to the Southerly boundary of this section The council shall elect from among its mem- line a distance of 150 feet; thence Southerly bers a mayor, a vice mayor, and a president pro parallel to the Eastern section line a distance of tem to serve at the pleasure of the council. Elec- 150 feet; thence easterly to the Point of Begin- tion of the mayor, vice mayor and president pro ning. tem shall be done annually at the first (1st) Supp. No. 49 10.5 § 3 NORTH PALM BEACH CODE regular council meeting after the village election. nance increasing such salary shall become effec- The mayor shall preside at meetings of the coun- tive until the date of commencement of the terms cil, shall be recognized as head of village govern- of the council members elected at the next regular ment for all ceremonial purposes,by the governor election, provided that such election follows the for purposes of military law,for service of process, adoption of such ordinance by at least six (6) execution of contracts, deeds and other docu- months. ments, and as the village official designated to (Ord. No. 1-76, § 1, 2-19-76) represent the village in all agreements with other governmental entities or certifications to other Section 5. Vacancies;forfeiture of office;fill- governmental entities, but shall have no admin- ing of vacancies. istrative duties except as required to carry out the (a) Vacancies. The office of a council member responsibilities herein. The vice mayor shall act shall become vacant upon his death, resignation, as mayor during the absence or disability of the removal from office in any manner authorized by mayor. The president pro tem shall preside at law or forfeiture of his office, such forfeiture to be council meetings in the absence of the mayor and declared by the remaining members of the coun- vice mayor. cil. The mayor shall have power, for sufficient (b) Forfeiture of office. A council member shall cause, to suspend any Village officer or official forfeit his office if he lacks at any time during his appointed by the council. In case of the suspen- term of office any qualification for the office sion of any such person, the mayor shall, within prescribed by this charter or by law. fifteen (15) days thereafter, deliver to the village clerk, or his deputy, a specification in writing of the charges preferred to the officer suspended; and it shall be the duty of said clerk to present such charges to the council at its next meeting following the receipt of such charges by him. Thereafter the council shall proceed to hear and determine the said charges after reasonable no- tice of such hearing to the suspended officer, who shall be given an opportunity to be heard with his witnesses. If upon such hearing the charges pre- ferred against such officer shall not be sustained by the council, the officer shall be thereby imme- diately restored to office unless the council shall decide to terminate the services of such officer for other cause, or without cause. In the event that any village officer shall be suspended by the mayor as herein provided, the mayor shall have power to appoint some person or some other officer of the Village temporarily to perform the duties of the officer suspended, until the charges against such suspended officer are heard and determined by the council. (Ord. No. 1-76, § 1, 2-19-76) Section 4. Compensation and expenses. The council may determine the annual salary of council members by ordinance, but no ordi- Supp. No. 49 10.6 CHARTER COMPARATIVE TABLE Chapter Disposition Number Section Article/Section 31481(1956) Art. 1 1 73-564 1 11 1 Ordinance Disposition Number Date Section Article/Section 29-80 10- 9-80 1 111 2 11-86 9-11-86 1 111 11 03-95 2- 9-95 11 1 24-96 7-11-96 11 1 33-96 8-22-96 11 1 20-99 5-27-99 1 11 1 16-2002 5-23-02 1 11 1 27-2002 9-26-02 1 11 1 31-2002 12-12-02 1 Added I.A. 33-2002 12-12-02 1 Added 111 5(e) 34-2002 12-12-02 1 111 9(a) 35-2002 12-12-02 1 10 36-2002 12-12-02 1 111 11(a) (c) 37-2002 12-12-02 1 Added 111 12 38-2002 12-12-02 1 Rpld 1V 7 Added 1V 7 2 Added 1V 8 3 Added 1V 9 4 Added 1V 10 39-2002 12-12-02 1 V 3 40-2002 12-12-02 1 Added 1V 7 03-2003 2-13-03 1 11 1 10-2004 7- 8-04 1(Exh.A) 11 1 33-2004 12- 9-04 1(Exh.A) 11 1 2006-24 11- 9-06 3 Added 111 12(note) 2007-04 3- 8-07 2 11 1 2007-05 3- 8-07 2 11 1 2008-10 9-11-08 2(Exh.A) 11 1 2010-18 10-28-10 2(Exh.A) 11 1 (The next page is 771 Supp. No. 49 65 HEALTH AND SANITATION § 14-81 ARTICLE IV. ABATEMENT OF PUBLIC pooling of water that may serve as breed- NUISANCES ON PRIVATE PROPERTY* ing grounds for insects and other disease vectors; Sec. 14-79. Definitions. (2) The growth of weeds, grass, or other sim- The following words and phrases,when used in ilar ground cover which exceeds twelve this article, shall have the meanings ascribed to (12) inches in height for improved and them in this section, except where the context unimproved lots, or the uncontrolled clearly indicates a different meaning: growth of vegetation which fails to pres- ent a healthy appearance; or Debris means any trash, rubbish, pipes,paper, wrapping, crates, boxes of any type, tin cans, (3) The presence, accumulation, storage, or wood,bottles,glass,animal and vegetable wastes, otherwise keeping of debris or any aban- or other discarded materials, including vehicles, doned,discarded,or unused personal prop- boats and boat trailers in a rusted, wrecked, erty when not completely enclosed in a junked, inoperative or partially dismantled con- structure and visible at ground level from dition. This definition shall include any vehicle, adjoining properties or public rights-of- boat or boat trailer that does not possess a valid way. and current registration or to which a valid and (Ord. No. 2008-15, § 3, 10-23-08; Ord. No. 2010- current license plate or registration decal is not 21, § 2, 11-18-10) affixed as required by state law. Personal property means all forms of personal Sec. 14-81. Notice of public nuisance; right property and chattel, other than real property. to request hearing. (Ord. No. 2008-15, § 3, 10-23-08; Ord. No. 2009- 09, § 2, 7-23-09) (a) Authorized agents and employees of the village's community development department, in Sec. 14-80. Uses or activities constituting a addition to code inspectors and law enforcement public nuisance. officers, are empowered to enter upon and inspect properties within the village on which a public The following uses or activities upon any im- nuisance is suspected to exist. All such persons proved or vacant parcel, lot, tract, land or prem- shall be immune from prosecution, civil or crimi- ises within the village shall constitute a public nal, for reasonable, good faith entry upon prop- nuisance and a violation of this code, subject to erty within the village while discharging the the nuisance abatement procedures set forth in duties outlined in this article. this article and all other methods of code enforce- ment available to the village, including, but not (b) The village's community development di- limited to code enforcement proceedings and in- rector or designee is hereby authorized and di- junctive relief: rected to notify in writing the owner of any property upon which a public nuisance exists, as (1) The condition of ill repair or lack of main- specified in section 14-80 above. The notice shall tenance of any real property such that the detail the nature of the public nuisance, the condition is deemed unsafe or creates a method(s) of correction, and the date by which health, sanitation, or safety hazard, in- corrective action must be completed, which shall cluding, but not limited to, the harboring be at least ten (10) days from the date of the of rats, snakes and other vermin or the notice. The notice shall further advise the prop- erty owner of the right to request a hearing as `Editor's note—Ord. No. 2008-15, § 3, adopted Oct. 23, specified below, and that the failure to abate the 2008, repealed the former Art. IV, §§ 14-79-14-83, and enacted a new article as set out herein. The former Art. IV nuisance will result In the village taking CorreC- pertained to weeds and brush and derived from §§ 44-11 tive action and the assessment of costs and impo- 44-15 of the 1970 Code. sition of a lien against the property. Supp. No. 49 893 § 14-81 NORTH PALM BEACH CODE (c) The notice shall be sent to the owner of the (b) Should the property owner fail to pay the property by certified mail, return receipt re- assessment, the village shall record the assess- quested, at the address(es) maintained by the ment in the public records, and the recording of county property owner and tax collector and shall the assessment shall create and constitute a lien be posted on the property. against such property for the amount of the (d) Prior to the date specified for corrective assessment, payable to the village. action in the notice, the property owner may (c) The assessment shall bear interest at the make a written request to the community devel- current legal rate of interest per annum as pro- opment director for a hearing before the village vided by law and shall constitute a lien upon the code enforcement board to show that the condi- land from the date of the assessment. Lien assess- tion alleged in the notice does not exist or does not ments may be enforced by civil action in the create a public nuisance. The code enforcement appropriate court of competent jurisdiction. The board shall conduct a hearing as soon as practi- lien created shall be a first lien, equal to a lien for cable after the receipt of such request. The prop- nonpayment of property taxes, on any property erty owner shall be notified of the hearing in the against which an assessment for costs to abate a manner set forth in section 2-181 of this Code. nuisance has been recorded. The lien shall con- (Ord. No. 2008-15, § 3, 10-23-08) tinue in full force until discharged by payment or otherwise or until settled and released by the Sec. 14-82. Abatement of public nuisance. community development director or the village manager. If no hearing has been requested and the (Ord. No. 2008-15, § 3, 10-23-08) condition described in the notice has not been corrected by the date specified in the notice, or if a hearing has been held and the code enforcement board has ruled adversely to the property owner, the community development director is autho- rized with approval of the village manager to cause the nuisance to be abated by the village or its agents at the expense of the property owner. (Ord. No. 2008-15, § 3, 10-23-08) Sec. 14-83. Assessment of costs and imposi- tion of lien. (a) When the village has abated or contracted for the abatement of a public nuisance as autho- rized by this article,the village community devel- opment director or village manager shall certify the costs incurred in remedying the condition, in addition to a two hundred fifty dollar ($250.00) administrative fee,and assess that amount against the property. The assessment shall contain the legal description of the property, the street ad- dress, and the total amount of the assessment. The village shall mail the assessment to the property owner via both certified mail, return receipt requested, and regular U.S. mail and provide the property owner fifteen (15) days from the date of mailing in which to pay the assess- ment. (The next page is 9451 Supp. No. 49 894 HOUSING § 15-2 ARTICLE I. IN GENERAL following the date of such notice enter an appeal in writing to the housing board of ad- Sec. 15-1. Housing code—Adopted by refer- justments and appeals. Such appeal shall state ence. the location of the property, the date of the The Village Council of the Village of North notice of violations, and the number of such Palm Beach, Florida, does hereby adopt by refer- notice. The appellant must state the variance ence the Standard Housing Code, 1997 Edition, of or modification requested,the reasons therefor, the Southern Building Code Congress Interna- and the hardship or conditions upon which the tional, Inc., as the housing code for the village. appeal is made. Appeals shall be on forms There have been for at least ten (10) days last provided by the department of community de- past and shall be during the time that this code is velopment, and shall be accompanied by a in effect, three (3) copies of such code and recom- filing fee of one hundred fifty dollars ($150.00). mended amendments kept available for public use, inspection and examination. Section 202. Definitions (Code 1970, § 19.3-11; Ord. No. 8-75, § 1, 7-10-75; The definitions for "dwelling" and "family" Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, contained within section 202, Definitions, are 10-9-80; Ord. No. 8-83, § 1, 8-25-83; Ord. No. hereby amended to read as follows: 21-86, § 1, 11-13-86; Ord. No. 5-90, § 1, 3-8-90; Ord. No. 3-92, § 1, 2-27-92; Ord. No. 27-2001, § 2, Dwelling is any building or structure de- 9-13-01) signed exclusively for residential occupancy. A Cross references—Restrictions on living aboard house- dwelling may be designed for one-family, two- boats, § 5-15; building, gas, mechanical and plumbing codes adopted,§6-16;electrical code adopted§11-11;fire prevention family Or multiple-family Occupancy, but not code adopted§ 12-16. including hotels, clubs, motels, boarding or lodging houses or house trailers whether such Sec. 15-2. Same—Amendments. trailers be mobile or located in stationary fash- ion as when on blocks or other foundation. The following amendments and additions are hereby made to the housing code adopted by Family shall mean one or more persons section 15-1 of this code: living in the same single or multiple family 102.1 Enforcement Officer. dwelling unit, all of whom are related by blood, marriage or adoption, or a group of persons all There is hereby established by the applica- of whom are not so related which does not ble governing body provisions for the enforce- exceed two (2) unrelated persons in number. ment of this code by the housing official. The This term shall not include the occupants of a director of community development shall serve rooming or boarding house,group home/congre- as the housing official. gate living facility or other similar use with 106.1 Appointment. shared cooking or sanitary facilities. There is hereby established a board to be 305.15. Accessory Structures. called the housing board of adjustments and appeals. The board shall be appointed by the Garages,storage buildings,docks,piers,boat village council. The construction board of ad- hoists, dolphin poles, bulkheads, swimming justments and appeals established by Chapter pools and the waters therein, screen enclo- 6 of the village Code shall act as the housing sures, fences, walls, driveways, sidewalks, an- board of adjustments and appeals. tennas and all other accessory structures shall Section 107. Appeal. be maintained and kept in good repair and sound structural condition. All sections of this Any person receiving written notice from the code are applicable as determined by the build- housing official of deficiencies in his property ing official subject to standard appeal as out- under this Code may within thirty (30) days lined in section 107. Supp. No. 49 947 § 15-2 NORTH PALM BEACH CODE 307.4. Care of Premises. Landscaping shall be kept free of visible signs of insects and disease and appropriately irrigated It shall be unlawful for the owner or occu- and fertilized to enable landscaping to be in a pant of a residential building, structure or healthy condition. property to utilize the premises of such resi- dential property for the open storage of any All roadways, curbs and sidewalks shall be edged abandoned motor vehicle,abandoned boat,aban- to prevent encroachment from the adjacent turf doned trailer,ice box, refrigerator, stove, glass, areas. building material, building rubbish or similar Buildings, Structures items. It shall be the duty and responsibility of every owner or occupant to keep the premises The exterior of all premises and every structure of such residential property clean and to re- thereon where exposed to public view, shall be move from the premises all such abandoned maintained in a condition that shall not show items listed above. evidence of deterioration.All screened enclosures shall be properly fitted and maintained. All sur- Landscaping. faces shall be maintained free of weathering, discoloration, ripping, tearing or other holes or The entire yard where exposed to public view breaks, broken glass, crumbling stone, brick or must be landscaped.Play areas,flowerbeds,drive- stucco or other conditions reflective of deteriora- ways,walks, etc., not intended to have vegetative tion or inadequate maintenance. cover should be clearly defined and maintained free of uncultivated growth. All building exterior wall surfaces shall be kept free of faded or chipped paint and shall be main- Landscaping shall be maintained so as to present tained in repair and condition to prevent deterio- a healthy, neat and orderly appearance at least ration,and must be repainted,recovered or cleaned equal to the original installation and shall be when twenty-five (25) percent or more of any mowed or trimmed in a manner and at a fre- exposed surface becomes discolored or is peeling. quency so as not to detract from the appearance of All off-street parking spaces and driveways shall the general area.Any grass and brush growing in be asphalt, concrete,block, stone,brick or similar excess of twelve (12)inches in height, dead trees, smooth durable surface or durable surface as trash and garbage shall be removed from the approved by the community development direc- premises. Landscaping shall be maintained to tor. minimize property damage and public hazards, including the removal of low hanging branches All off-street parking and driveways shall be kept over sidewalks and paved areas and those ob- in good repair and sound structural condition. structing street lighting and traffic control signs. Asphalt, concrete, and brick paver surfaces shall not show signs of excessive surface deterioration, All undeveloped properties must have grass or such as potholes and substantial cracks.All drive- other suitable live landscape materials planted ways shall be free of errant vegetation. Stone over the entire site. While undeveloped properties surface driveways shall be maintained in a neat may be irrigated utilizing an irrigation system, appearance and bordered. Stone material shall be electrical service to such properties shall be pro- so maintained as to not spread onto public streets hibited. Formerly developed vacant lots with a and sidewalks. planting plan approved pursuant to section 45-36 of the village code shall adhere to the require- ments of that plan. All undeveloped properties No person shall operate a rooming house, or and vacant lots shall undergo regular mainte- shall occupy or let to another for occupancy any nance, including, but not limited to, pruning, rooming unit in any rooming house, except in edging, mulching, or any other necessary actions compliance with the provisions of every section consistent with generally accepted horticultural of this code except the provisions of 301 and practices. 302. Supp. No. 49 948 HOUSING § 15-2 101.3.4. All residential properties, buildings and structures annexed into the Village shall comply, upon annexation, with the requirements of chapter 15, housing, sections 15-1 and 15-2, with the following exception: The provisions of subsection 307.4 shall ap- ply 2 (two) years (twenty-four (24) months) after date of annexation. (Code of 1970, § 19.3-12; Ord. No. 8-75, § 1, 7-10-75; Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, 10-9-80; Ord. No. 21-86, § 1, 11-13-86; Ord. No. 5-90, § 2, 3-8-90; Ord. No. 3-92, § 2, 2-27-92; Ord. No. 27-2001, § 3, 9-13-01; Ord. No. 23-2003, §§ 1, 2, 9-11-03; Ord. No. 2006-24, § 2.F, 11-9-06; Ord. No. 2010-21, § 3, 11-18-10) Supp. No. 49 948.1 APPENDIX C ZONING § 45-2 ARTICLE I. IN GENERAL ceiving television, AM/FM radio, digital, micro- wave, cellular, telephone or similar form of elec- Sec. 45-1. Short title. tronic communication. The provisions embraced within this ordinance Antiques: Objects of an earlier period such as shall be known as the"zoning code"and may be so furniture, jewelry, stamps, coins, miniaturized cited. replicas, works of art, or other decorative articles that are collected primarily because of their age, Sec. 45-2. Definitions. history, or expectation of increasing value. Building is any structure, either temporary or For the purpose of this ordinance,certain words permanent, having a roof or other covering and and terms are defined as follows: designed for the shelter or enclosure of any per- Accessory use is a use customarily incident and son, animal or property. accessory to the principal use of land or building Child care facility means a licensed facility located on the same lot. with more than five (5) children that are unre- lated to the operator of the facility and which Accessory building or structure shall include a complies with F.S. chapter 402. building or structure customarily incident and accessory to the principal use of land or building Community residential home, as defined in F.S. located on the same lot. In the R-1 residential chapter 419, means a dwelling unit licensed to dwelling district, accessory buildings shall be serve clients of the department of health and limited to an open-air pavilion and an automobile rehabilitative services, which provides a living garage. In the R-2 dwelling district, an accessory environment for seven (7) to fourteen (14) unre- building shall be limited to an automobile garage. late residents who operate as the functional equivalent of a family, including such supervision Adult entertainment.Adult entertainment means and care by supportive staff as may be necessary any adult arcade,adult theater,adult booth,adult to meet the physical, emotional, and social needs bookstore/adult video store, adult motel or adult of the residents. dancing establishment as defined in Ordinance No. 88-31, Palm Beach County Adult Entertain- Decorative post structure is the support base for ment Code; or any establishment or business alight fixture and shall comply with the following operated for commercial gain where any em- requirements: ployee, operator or owner exposes his/her speci- (1) The installation of a decorative post struc- fied anatomical area for viewing by patrons, in- ture shall comply with all village build- cluding but not limited to:massage establishments ing, electrical and zoning codes. whether or not licensed pursuant to Chapter 480, (2) Free standing. Florida Statutes, tanning salon, modeling studio, or lingerie studio. (3) Conform with the architectural design of the main building veneer. Antenna is a transmitting or receiving device used in communications that radiates or captures (4) May be located within the main building setback areas. electromagnetic waves,digital signals,analog sig- nals, radio frequencies (excluding radar signals), (5) Not more than two (2) decorative post wireless telecommunications signals or other com- structures per driveway entrance and not munication signals. (See antenna tower for appli- more than four (4) decorative post struc- cable regulations). tures per lot. Antenna tower is a guyed, monopole or self- (6) Not more than thirty(30)inches in width supporting structure, whether free standing or and depth and/or diameter. attached to another structure, containing one or (7) Not less than eighteen(18)inches setback more antennas intended for transmitting or re- from any lot line. Supp. No. 49 2480.1 § 45-2 NORTH PALM BEACH CODE (8) Not more than thirty six (36) inches in house, group home/congregate living facility or height without a fixture. Exception: Not other similar use with share cooking or sanitary more than seventy-two(72)inches in height facilities. without a fixture when setback a mini- mum of thirty-five (35)feet from any side Family day care home is an occupied residence lot line or rear lot line on corner lots and in which child care is regularly provided for five not less than thirty-six (36) inches from (5) or fewer preschool children from more than any public right-of-way. one unrelated family and which receives a pay- ment,fee or grant for any of the children receiving Detached fence storage area is a storage area care, whether or not operated for profit. The attached to a fence erected on the property line in maximum five(5)preschool children shall include conformance with fence requirements of the North preschool children living in the home and pre- Palm Beach Code. Such storage area shall not school children received for day care and not exceed three (3) feet in depth nor be longer or related to the resident caregiver.Elementary school higher than the fence to which it is attached. Said siblings of the preschool children receiving day storage area shall be constructed of the same care may also receive day care outside of school material, design and color as the fence to which it hours provided the total number of children, is attached and the fence and storage area shall including the caregiver's own and those related to be constructed of opaque materials which prop- the caregiver, does not exceed ten (10). erly screen the interior of the storage area from Floor area is all usable floor space within the the view of the adjacent property owners. De- exterior walls of a structure. tached fence storage areas shall not be erected closer to the street than the adjacent front wall of Front, side and rear line of a building shall be the main building. No such storage area shall be deemed and construed to include both the main erected unless its construction conforms to village portion of such structure and all projections there- ordinances. from, including any garage, carport or an ex- tended roof beyond the normal eave or cornice Drug store is a store engaged in the sale of forming a cover or roof over an entrance to such prescription drugs and other items not necessar- dwelling. Any awnings or shutters supported by ily related to pharmaceuticals. vertical posts, columns or pipes shall also consti- Dwelling is any building or structure designed tute the building line. The building line shall not exclusively for residential occupancy. A dwelling include the eaves of such structures nor any open may be designed for one-family, two-family or terraces, stoops, steps, or planting boxes which do multiple-family occupancy, but not including ho- not extend more than four (4)feet above the level tels, clubs, motels, boarding or lodging houses or of the yard grade. house trailers whether such trailers be mobile or Exception. Cantilevered canvas awnings may ex- located in stationary fashion as when on blocks or tend no more than eight (8)feet into the required other foundation. front, side or rear setback and shall be set back Dwelling unit is a single unit providing com- two (2) feet from the side property line. plete, independent living facilities for one (1) or Front yard is that area between the front more persons including permanent provisions for building line and the front line of the lot, and living, sleeping, eating, cooking and sanitation. extending from one (1) side line to the other. Family shall mean one or more persons living Lamp post is a free standing structure that is in the same single or multiple family dwelling not more than four (4)inches in width and depth unit,all of whom are related by blood,marriage or and/or diameter and not more than eighty-four adoption, or a group of persons all of whom are (84) inches in height. The installation of a lamp not so related which does not exceed two (2) post shall comply with all village building, elec- unrelated persons in number. This term shall not trical and zoning codes. A lamp post may be include the occupants of a rooming or boarding installed within the main building setback area. Supp. No. 49 2480.2 APPENDIX C ZONING § 45-2 Living area is that area within any dwelling or roof covering of some type used for recreation, rooming unit, measured between the inner sides entertainment, contemplation or meditation pur- of the exterior walls, made usable for human poses. This definition shall include all types of habitation, with the following exceptions: Any chickee or tiki huts, pergolas, gazebos, and other utility room or storage space that is not accessible pavilion-type structures. from within the principal structure; all common corridors, hallways or exits provided for access or Pharmacy is an establishment engaged in the vertical travel between stories of apartments of preparation of prescription drugs and the sale of multifamily units. drugs, prosthetic supplies, surgical instruments and supplies, and sale and/or rental of aids for Lot is a parcel of land occupied or to be occupied invalids. by one (1) main building and its accessory build- ings with such open and parking spaces as are Principal building or structure is the building required by the provisions of this ordinance, and or structure in which the principal use of the lot is having its principal frontage upon a street. conducted. Lot of record is a part of the land subdivision, the map of which has been recorded in the office of Principal use is the primary or predominant the clerk of the court of Palm Beach County, use of any lot. Florida. Rear yard is that area between the rear build- Mixed-use commercial means a combination of ing line and the rear lot line, and extending from retail commercial and non-retail commercial busi- one (1) side line to the other. On all lots the rear nesses where non-retail tenants comprise fifty yard shall be in the rear of the front yard facing (50) percent or more of the gross floor area. Any the street. combination of retail and non-retail businesses where the retail component comprises fifty (50) Resident of a community residential home means percent or more of the gross floor area shall be any of the following: an aged person as defined in classified as a retail commercial facility. F.S. chapter 400; a physically disabled or handi- capped person as defined in F.S. chapter 760; a Mobile home park means a residential tenancy developmentally disabled person as defined in in which a mobile home is placed upon a rented or F.S. chapter 393; a nondangerous mentally ill leased lot in a park in which ten (10) or more lots person as defined in F.S. chapter 394;or a child as are offered for rent or lease. defined in F.S. chapter 39. Residents, as defined Motel is a group of two (2) or more attached, in F.S. chapters 400, 760, 393 and 394, shall not detached, or semidetached buildings containing reside in the same community residential home guest rooms or apartments with automobile stor- as a child as defined in F.S. chapter 39. age or parking space provided in connection there- with, designed and used primarily by automobile Retail commercial means any business classi- transients. fied as a "retail trade" establishment using the Standard Industrial Code (S.I.C.) System, pro- Non-retail commercial means any business clas- vided that such business is permitted by the sified as other than "retail trade" using the Stan- Village Code of Ordinances. dard Industrial Code (S.I.C.) System, provided that such business is permitted by the Village Satellite television antenna is an apparatus Code of Ordinances. capable of receiving communications from a trans- Occupied shall be deemed to include the words mitter or a transmitter relay located in planetary "arranged," "designed" or "intended to be occu- orbit. Usable satellite signal is a signal which, pied." when viewed on a conventional television set, is at least equal in picture quality to that received Open-air pavilion means a detached ancillary from local commercial television stations or by structure, open on all sides, with a partial to full way of cable television. Satellite dish antennas Supp. No. 49 2481 § 45-2 NORTH PALM BEACH CODE may be erected as an accessory structure in R-1 Side yard is that area between the side build- and R-2 zoning districts, subject to the following ing line and the side line of the lot and extending restrictions: from the front building line to the rear building (1) The satellite television antenna shall be line. mounted on the ground only, and shall be Story is that portion of a building between the located only in the rear yard of any lot. surface of any floor and the surface of the floor The satellite television antenna shall be next above it, or,if there be no floor above it, then placed so that there shall be a rear and the space between any floor and the ceiling next side yard of not less than five(5)feet, or if above it. a corner lot, a side street yard of not less than twenty (20) feet. Street is any public or private thoroughfare which affords the principal means of access to (2) Such antenna shall not exceed fifteen(15) abutting property. It may be designated on the feet in height, including any platform or map as a street, avenue, boulevard, drive, place, structure upon which said antenna is court, road, terrace, way, circle, lane, walk, path mounted or affixed. Such antenna may or otherwise. not exceed fifteen (15) feet in diameter. Structure is anything constructed or erected (3) Installation of a satellite television an- with a fixed location on the ground,or attached to tenna shall comply with the village build- something having a fixed location on the ground. ing codes, electrical codes, zoning codes and other village codes that may apply Time-share unit is a dwelling unit in which the thereto. right of use or occupancy circulates among vari- ous persons for specific periods of time less than (4) Not more than one (1) satellite television one (1) year in accordance with a fixed time antenna shall be allowed on any lot. schedule. (5) Satellite television antennas shall meet Traditional chickee but means a type of chickee all manufacturer specifications,be of non- but that consists solely of an open-sided wooden combustible and corrosive-resistant mate- but with a thatched roof of palm or palmetto or rial, and be erected in a secure, wind- other traditional materials constructed by the resistant manner. Every such antenna Miccosukee Tribe of Indians of Florida or the must be adequately grounded for protec- Seminole Tribe of Florida and that does not incor- tion against a direct strike of lightning. porate any electrical,plumbing or other non-wood (6) Satellite television antenna shall be features. screened from all adjoining private prop- Transient commercial means any one, or a erty by an opaque fence, an opaque wall combination of the following businesses oriented or by natural landscape planting so planted to serving either village residents or the motoring as to provide maximum opacity that is a public(i.e.in transit through or visiting the area); minimum of six (6) feet in height from (1) the sale of fuel, convenience goods and/or grade. minor vehicular repair services; (2) hotel and/or Setback means the distance measured from a motel accommodations; (3) restaurant facilities; side, rear and front lot line or from the currently (4) florist, tobacco store and stand, and hobbies, designated ultimate right-of-way line (i.e., fed- toys and games. eral, state, county and village)to the closest point Used shall be deemed to include the words within the lot that may be occupied by a building "arranged" "designed" or "intended to be used." or an accessory structure. Front setbacks shall be based on the platted front line of the property or Yard is the open space on the same lot with the on the ultimate right-of-way line as determined main building,unoccupied and unobstructed from by the village. the ground upward. Supp. No. 49 2482 APPENDIX C ZONING § 45-16 Xeriscape means a method of water conserva- Sec. 45-6. Penalty for violation of provi- tion gained through the utilization of trees,shrubs, sions. vines,plants,groundcover and turf grasses which are drought tolerant. The implementation of ap- propriate planning and design, use of soil amend- sions of this ordinance or fail to comply therewith ments, efficient irrigation, practical turf grass, or with any of the requirements thereof, or who use of drought tolerant plants, mulches and ap- shall build or alter any building in violation of any propriate maintenance results in reduced water detailed statement or plan submitted and ap- consumption but still provides a very wide range proved thereunder, upon conviction thereof shall of attractive landscaping alternatives. be punished as provided in section 1-8 [of the (Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82; Ord. village Code],and each day such violation shall be No. 9-85, § 1,6-27-85;Ord.No. 17-90, § 1,6-28-90; permitted to exist shall constitute a separate Ord. No. 21-90, § 1, 6-28-90; Ord. No. 23-90, § 1, offense. The owner or owners of any buildings or 6-28-90; Ord. No. 10-95, § 1, 3-23-95; Ord. No. premises or part thereof, where anything in vio- lation of this ordinance shall be placed, or shall 23-95, § 1, 7-17-95; Ord. No. 29-95, § 1, 9-28-95; Ord. No. 4-98, § 1, 1-2-98; Ord. No. 05-2001, § 1, exist,and any architect,builder,contractor,agent, 3-8-01; Ord. No. 26-2001, § 1, 8-23-01; Ord. No. person or corporation employed in connection 2009-04, § 2, 4-23-09; Ord. No. 2010-21, § 4 therewith shall each be guilty of a separate of- 11-18-10) fense and upon conviction thereof shall be pun- Cross reference—Definitions for Code in general, § 1-2. lshed as provided In section 1-8. Sec. 45-3. Interpretation of provisions. Secs. 45-7-45-15. Reserved. In interpreting and applying the provisions of ARTICLE II. GENERALLY this ordinance, they shall be held to be the mini- mum requirements for the promotion of the public health, safety, morals and general welfare of the Sec. 45-16. Division of village into districts; districts enumerated. community. In order to classify, regulate and restrict the Sec. 45-4. Conflict of provisions. uses of land and buildings, the height and bulk of buildings,the amount of open spaces about build- (1) It is not intended by this ordinance to ings, intensity of land use, the Village of North interfere with or abrogate or annul any ease- Palm Beach, Florida is divided into twelve (12) ments, covenants or other agreements between zoning districts, as follows: parties. R-1 Single-family dwelling district (2) That where this ordinance imposes a greater R-2 Multiple-family dwelling district restriction upon the use of buildings or premises, R-3 Apartment dwelling district or upon the height of buildings, or requires larger C-A Commercial district open spaces than are imposed or required by C-IA Limited commercial district other ordinances, rules, regulations or by ease- CB Commercial district ments, covenants, or agreements, the provisions C-1 Neighborhood commercial district of this ordinance shall control. C-2 Automotive commercial district C-3 Regional business district Sec. 45-5. Changes and amendments. P Public district The village council may, from time to time, on C-OS Conservation and open space its own motion or on petition, amend, supple- CC Transitional commercial district ment, change, modify or repeal by ordinance the In the creation of this ordinance of the respec- boundaries or districts or regulations or restric- tive districts, the village council has given due tions herein established, after public hearing. and careful consideration to the peculiar suitabil- Supp. No. 49 2483 § 45-16 NORTH PALM BEACH CODE ity of each district for the particular uses and (f) If the conditions imposed by the special use regulations applied thereto and to the densities of permit are not met, the community development population, all in accordance with the comprehen- director may revoke the permit. A permit holder sive development plan of the village. may appeal the revocation of a special use permit (Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1, by filing an appeal, in writing, to the Zoning 9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No. Board of Adjustment within thirty (30) days of 1-95, § 1, 3-23-95; Ord. No. 33-97, § 1, 7-10-97) receipt of written notice of revocation. (Ord. No. 2007-16, § 2, 10-25-07) Sec. 45-16.1. Similar uses. (a) A use within a commercial zoning district Sec. 45-17. Official zoning map. not specifically listed as a permitted use, but possessing characteristics similar to a permitted (1) Adopted by reference. The aforesaid dis- use, may be established upon written application tricts and the boundaries thereof are as shown to the community development director for a upon the "official zoning map" which, together special use permit. with all explanatory matter thereon, is hereby adopted by reference and declared to be part of (b) In evaluating an application for a special this ordinance as if the information set forth on use permit for the establishment of a similar use, the map was all fully described and set out the community development director shall, in herein. consultation with other village departments, con- sider the characteristics of the proposed use, (2) Identification. The official zoning map shall including, but not limited to, size, intensity, den- be identified by the signature of the mayor at- sity, operating hours, demands for public facili- tested by the village clerk, and bearing the seal of ties, traffic impacts and business practices. the village under the following words: "This is to (c) Upon review and evaluation of the applica- certify that this is the official zoning map referred tion the community development director shall to in section 3 of Ordinance No. 20 of the Village present his or her recommendation to the village of North Palm Beach, Florida, as amended," to- council for final consideration on the next avail- gether with the date of the adoption of this able council agenda. ordinance. (d) The village council shall conduct a public (3) Changes. hearing on the application for special use permit and determine whether the application meets the (a) If, in accordance with the provisions of criteria set forth in subsection (b) above. The this ordinance changes are made in dis- village council shall grant or deny the application trict boundaries or other matter por- by written order. frayed on the official zoning map, such changes shall be entered on a new official (e) In granting a special use permit,the village zoning map promptly after the amend- council may impose conditions necessary to en- ment has been approved by the Village sure that the proposed use: Council.The new official zoning map shall (1) Is compatible with the existing or planned be adopted in accordance with provisions character of the neighborhood in which it set forth in Section 45-17(5). would be located; (b) No changes of any nature shall be made in (2) Will not have an adverse impact upon the official zoning map or matter shown adjacent properties; and thereon except in conformity with the (3) Will not interfere with the use of adjacent procedures set forth in subsection (3)(a). properties. Any unauthorized change of whatever kind or any failure to make a change when Such conditions may include restrictions on the directed by ordinance by any person or size and operating hours of the proposed use. persons shall be considered a violation of Supp. No. 49 2484 APPENDIX C ZONING § 45-17 this ordinance and punishable as pro- vided under section 45-6 of this ordi- nance. Supp. No. 49 2485 APPENDIX C ZONING § 45-36 exceeds four (4) stories or sixty (60) feet shall be a prominent notice that a village where any portion of said building or of building permit in no way offsets the deed the property upon which it is located is covenants, and that the applicant should within five hundred feet of any R-1,single- also check the deed covenants to protect family dwelling district. himself. B. Swimming pools shall be set back at least D-1. On vacant lots adjacent to any waterbody, seven and one-half (7�/2) feet from the a non-opaque galvanized metal, wrought- back property line measured from the rim iron or chain link fence no greater than of the pool and not less than five (5) feet four (4)feet in height may be constructed from the side property line including the within five (5)feet of the seawall or bulk- two-and-one-half-foot walk around the pool. head line to restrict access to the waterbody The highest projection of the swimming from the vacant lot. Chain link fences pool shall not exceed two (2)feet. Outdoor may also be vinyl coated. fireplaces not exceeding six (6) feet in height may be erected and maintained, E. In the event one(1)lot, or portion thereof, said structure,however,shall not be erected and the whole or a portion of a contiguous within five (5) feet of any rear lot line. lot, all in one (1) ownership, shall be used as one (1) building site for one (1) resi- (a) Swimming pools may be enclosed by dence building, and its appurtenant out- screening provided same are not buildings permitted by this ordinance, erected closer than five (5) feet from then while so owned and used the side the side and rear yard lines. lines and rear line of such site shall be (b) No swimming pool shall be located deemed to be the side and rear lot lines of in the area lying between the front such sites. property line and the front building F. No business, professional, or commercial line in the R-1 and R-2 zoning dis- activity shall be conducted upon any por- tricts. tion of real property zoned R-1 single- C. Detached garages not more than one (1) family dwelling district, R-2 multiple- story in height may be erected and main- family dwelling district and R-3 apartment tained within seven and one-half (7�/2) dwelling district or within any dwelling feet of the rear line of any such lot. thereon or upon a dock, pier or other waterside structure appurtenant thereto D. Walls and fences built within the area and attached to such real property, other between the property line and the build- than as provided by section 17-2. ing setback line shall not exceed six (6) feet in height; provided, however, that no G. In all multifamily residential buildings walls or fences may be erected between two (2) stories or greater in height, and in the front yard setback and the street line, all commercial buildings over four(4) sto- nor may walls or fences exceed four (4) ries in height, which are not equipped feet in height for a distance of forty (40) with elevators provided with standby emer- feet from any body of water located within gency power and having minimum cab the village. On corner lots,walls or fences dimensions which will permit the use of shall not exceed four (4) feet in height the elevator cab by normal size emer- within the area between the side line of gency ambulance stretchers, and in all the lot which fronts on a street, and the commercial buildings two (2) stories to front building setback line extended of the four (4) stories in height which are not adjacent side street lot. On all building equipped with elevators having minimum permits for walls or fences greater than cab dimensions which will permit the use four (4) feet in height that are to be of the elevator cab by normal size emer- located outside building setback lines,there gency stretchers, there shall be a mini- Supp. No. 49 2511 § 45-36 NORTH PALM BEACH CODE mum of one (1) access stairway serving directly or indirectly to storm sewer every story. Such stairway shall have the conduits terminating in existing pub- following minimum dimensions: licly controlled waterways or in other (1) Minimum width of stairway to be seepage areas approved by the build- five (5) feet. ing department. (2) Minimum dimensions of all landings e. Such off-street parking areas shall to be ten (10) feet by six (6) feet, six be used for vehicular traffic only, (6) inches. with no sales, dead storage, repair H. Patios connected to the rear of a dwelling work,dismantling or servicing of any unit may be enclosed by screening pro- kind unless expressly permitted by vided there shall be a rear yard of not less the zoning of the district in question. than fifteen (15) feet measured from the f. If lighting of such areas is to be rear of the screened enclosure to the rear provided, the plans therefor shall be lot line. such that such lighting shall reflect I. There shall be a front yard of not less than away from any public street and at forty (40) feet measured from the street such an angle as to prevent glare or line to the front building line in the case of undue illumination of residential Lots 11 to 35 inclusive, Block 3, as shown properties in the neighborhood. on the plat of Village of North Palm Beach, K. No carnival, fair, amusement park or cir- Plat 1,recorded in plat book 24,page 205, cus shall be carried on in any residential Public Records of Palm Beach County, or commercial zoning district in the Vil- Florida. lage of North Palm Beach, including zon- J. Whenever, by this ordinance, off-street ing districts R-1, R-2A, R-3, C-A, GIA, parking is required in any commercial C-1 and C-2; provided, however, that a district or in any R-3 apartment dwelling carnival,fair or circus may be carried by a district,no such parking facilities shall be nonprofit organization to collect funds to hereafter constructed until a permit there- further the purposes of such organization for shall have been issued by the building at the premises where the organization is inspector, and until the plans and specifi- located within the Village of North Palm cations therefor are such that: Beach. No such carnival, fair or circus shall extend for more than three (3) Ion- a. Such off-street parking area is de- secutive days, and no such carnival, fair signed with appropriate means of or circus may be open to the public be- vehicular access to a public street or tween the hours of 10:00 p.m. and 10:00 alley. a.m. during any day. A permit for such b. Such off-street parking area is de- permitted carnival, fair or circus must be signed with appropriate vehicular obtained from the office of the village maneuvering areas. manager. There will be no charge or fee C. Such off-street parking area is paved for such permit. with an asphaltic or concrete surfac- L. No gasoline or oil filling stations and no ing, or other material designed to service station shall be erected within five prevent dust. hundred (500) feet of any church, hospi- d. Such off-street parking area is so tal, school or other similar institution constructed, graded and surfaced as where large numbers of pedestrians con- to prevent surface water from drain- gregate, nor within five hundred (500) ing onto public right-of-way, or on feet of the location in said village of an- adjoining properties, the outlets for other gasoline or oil filling station or such surface waters to be connected service station.No church,hospital,school Supp. No. 49 2512 APPENDIX C ZONING § 45-36 or similar institution where large num- pital, park or playground, or a place bers of pedestrians congregate shall lo- of business of another licensed retail cate or operate within five hundred (500) seller of alcoholic beverages; pro- feet of any gasoline or oil filling station or vided further, that no licensed retail service station. sales of alcoholic beverages shall be The method of measurement that shall carried on in the C-3, Regional Busi- apply in such cases shall be by measure- ness District, where the proposed ment of the airline distance made or taken place of business is within five hun- from the nearest boundary of the lot or dred (500) feet of a church, syna- premises of a gasoline or oil filling station gogue, temple or other place of wor- or service station to the nearest boundary ship. of the lot or premises of a church, hospi- (2) The measurement provided above for tal, school or other similar institution. one thousand (1,000) feet shall be M. Building height regulations. made or taken from the main front entrance or entrances of such church, (1) Within the area of the Village of public or private school, hospital, North Palm Beach which lies north park or playground, or a place of of the Intracoastal Waterway and business of another licensed retail west of U.S.Highway No. 1,no build- seller of alcoholic beverages, to the ing or structure shall exceed sixteen main front entrance of the appli- (16) stories or one hundred sixty cant's proposed place of business (160) feet. along the route of ordinary pedes- (2) Within the area of the Village of trian traffic. North Palm Beach which lies north of the Intracoastal Waterway and (3) The restrictions of section 45-36N.(1) east of U.S. Highway No. 1,no build- shall not apply to the sale of beer,ale ing or structure shall exceed twenty- or wine at retail, not to be consumed two (22) stories or two hundred on the premises. twenty (220) feet. (4) The restrictions of section 45-36N.(1) (3) Within the area of the Village of shall not apply to any bona fide North Palm Beach which lies south restaurant operating under a Flor- of the Intracoastal Waterway and ida 4-COP-SRX license as a restau- east of U.S. Highway No. 1,no build- rant with full kitchen facilities, and ing or structure shall exceed four(4) fifty-one (51) percent or more of the stories or forty (40) feet. gross sales are derived from the sale of food and non-alcoholic beverages. (4) Within the area of the Village of Alcoholic beverages are to be served North Palm Beach which lies south only when the restaurant is open for and west of the Intracoastal Water- the sale and service of food; pro- way and west of U.S. Highway No. 1, vided,however that the provisions of no building or structure shall exceed this subparagraph (4) shall not per- four (4) stories or forty (40) feet. mit a license to be issued to a res- N. Location of business for retail sales of taurant that sells alcoholic bever- alcoholic beverages. ages within one thousand (1,000) (1) No licensed retail sales of alcoholic feet of a church, public or private beverages shall be carried on where school, hospital, public park or pub- the proposed place of business is lic playground. within one thousand(1,000)feet of a (5) Nothing in section 45-36N.(1) shall church, public or private school,hos- prohibit the conduct of licensed re- Supp. No. 49 2512.1 § 45-36 NORTH PALM BEACH CODE tail sales of alcoholic beverages within C. The outdoor seating can be ac- one thousand(1,000)feet of the North commodated without impeding Palm Beach Country Club. the access of the general public, (6) Churches,public and private schools, including persons with disabil- hospitals, parks, playgrounds and ities, to the portion of the food service establishment which is places of business of another li- located inside the building, or tensed retail seller of alcoholic bev- to any other commercial busi- erages shall not have the right to ness or other use. locate and operate within one thou- sand (1,000) feet of a business li- d. The outdoor seating can be ac- censed for retail sales of alcoholic commodated without creating beverages. a need for additional parking spaces which could not be pro- s. Xeriscape landscaping practices. Proper- vided on the same site as the ties within all zoning districts are encour- building for which the outdoor aged to utilize xeriscape landscaping prac- seating would be an accessory tices to simultaneously enhance the use or would create a non- appearance of the property while requir- conforming status for existing ing less water and energy.Xeriscape prac- parking provided for such build- tices in the village shall be based on the ing. latest published South Florida Water Man- e. No outdoor seating shall be per- agement District xeriscape manual. mitted for adult entertainment P. Maximum floor-area ratio. Maximum gross establishments. floor area ratios for commercial develop- (2) Permitting process. An applicant for ment within the area of the village de- approval of outdoor seating shall in- fined by PGA Boulevard on the north, clude the proposed outdoor seating Lake Worth on the east and the as part of an overall application for a Intracoastal Waterway on the south and building permit and/or certificate of west shall be limited as follows: retail - appropriateness or shall seek amend- 0.25;professional office -0.35; and mixed- ment of an existing building permit use - 0.35. and/or certificate of appropriateness to allow for outdoor seating, pursu- Q. Outdoor seating. ant to the applicable provisions of (1) Applicability. Outdoor seating shall this Code. Every application involy- bepermitted as an accessory use to a ing outdoor seating shall include the building in which a food service es- following, in addition to and not in place of anything else which may tablishment is operated, provided that: otherwise be required by any other provision of this Code: a. The outdoor seating area is ad- jacent to that portion of the a. A site plan, drawn to scale, food service establishment which shows at least the build- ing for which outdoor seating which is inside the building. will be an accessory use; the b. The outdoor seating is located location of the food service es- on property which is either tablishment which will use the owned or leased by the adja- outdoor seating; the location of cent food service establishment the outdoor seating and all re- or the landlord of such food lated fencing screening, or di- service establishment. viding materials; the location Supp. No. 49 2512.2 APPENDIX C ZONING § 45-36 of any sidewalks or other pedes- e. Outdoor seating which is used trian walkways or passageways for the service and sale of food which are adjacent to or will be or beverages of any kind within affected by the outdoor seating; the outdoor seating area, shall and the location of all existing be physically separated and vi- or additional parking for such sually distinct from any imme- building. diately adjacent public passage- b. A copy of the written consent of way or walkway by means of any person or business who approved fencing or screening other than the applicant owns material which is not less than two (2)feet in height,by means or leases any property, includ- ing any sidewalk or other pub- of one(1) or more planter boxes lic passageway, upon [which] and other plant container, by the outdoor seating would be means of some other approved located. divider, or any combination of such means, but not including C. Photographs, renderings, or tables, chairs or other seating. samples showing the style and f. Outdoor seating areas may only color of all furnishings,fencing, contain tables, chairs, umbrel- screening, or dividing material las and/or awnings and required to be used for or in conjunction fencing or screening materials. with the outdoor seating. All such equipment shall be (3) Conditions of outdoor seating. Out- compatible in color and style door seating shall comply at all times with the exterior of the build- with the following conditions: ing and shall not contain or have affixed to it any sign, Let- a. Outdoor seating shall be ar- tering or advertising of any kind. ranged, when in use, in a man- g. Outdoor seating shall be main- ner that allows a pedestrian tained in a secure manner, walkway in compliance with ap- whenever the food service es- plicable building codes and fire tablishment is closed to the pub- codes. lic. b. Outdoor seating located on a h. Establishments with outdoor pedestrian walkway which pro- seating with food and beverage vides access to more than one service shall meet all health (1) occupant of a building, as in code and other applicable code a shopping center, shall be ar- requirements of restaurants. ranged, when in use, in a man- i. Any permanent or temporary ner that maintains a passage of structures associated with out- not less than five (5) feet in door seating,including,but not width. limited to, awnings and cov- ered roofs shall not encroach C. Outdoor seating of an applicant into the required building set- shall not be located on any side- walk,passageway,or other prop- back areas. Tables, chairs, um- erty adjacent to any other busi- brellas, fencing, screening and dividing materials shall not be ness. located closer to the property d. Outdoor seating shall not oc- line than two-thirds (z/s) of the cupy any area designated for required front,side or rear build- parking. ing setback. Supp. No. 49 2512.3 § 45-36 NORTH PALM BEACH CODE (4) Limitations on use. Except for out- b. Property owners are encour- door seating located in an inner court: aged to adhere to xeriscape or a. All sales and service of food and "Florida Friendly" (as promul- beverages in an outdoor seat- gated by the Florida Yards and ing area are prohibited between Neighborhood Program) land- the hours of 10:30 p.m. and scaping principles and utilize 7:00 a.m., Sunday through low-maintenance, drought-tol- Thursday, and between the erant landscaping materials and hours of 11:00 p.m. and 7:00 practices. a.m., Friday through Saturday. C. The clearing and planting must b. Outdoor seating areas shall be be completed within thirty(30) in compliance with the village's days of the completion of the noise regulations. demolition of the principal struc- ture. While the property owner (5) General requirements. Outdoor seat- may irrigate the lot utilizing an ing which increases the total num- irrigation system,electrical Ber- ber of seats available at a food ser- vice to vacant lots shall be pro- vice establishment shall be considered hibited. an expansion of use. Such outdoor seating shall be included in any cal- d. The property owner shall en- seating of the total number of seats sure that the property ade- provided by the food service estab- t ately drains so as to alleviate s lishment but not limited to parking, standing water. restroom facilities and business taxes. (3) Foundations, driveways and acces- sory structures. Slab foundations and R. Formerly developed vacant lots. other structural features remaining (1) Applicability. This section shall ap- from demolished structures must be ply to all lots within the village where removed from the lot. All accessory the principal structure has been de- structures (including swimming molished and no principal use cur- pools), parking areas and driveways rently exists on the property. shall be removed from vacant lots, (2) Ground treatment. Vacant lots regu- with the exception of seawalls,drive- lated by this section shall be cleared way aprons located within adjacent of construction material and debris, rights-of-way and irrigation systems. shall be properly graded and shall be Swimming pools shall be removed or covered with sufficient ground treat- filled in accordance with all applica- ment.Existing ground treatment may ble building code requirements and be used to meet the requirements of state and local health department this section. regulations. a. Ground treatment may consist (4) Existing trees and vegetation. All ex- of any combination of living isting native and non-invasive trees plants, such as grass, ground and palms shall be preserved to the cover, shrubs, vines, hedges or maximum extent possible. All exist- trees and non-living landscape ing non-native and exotic species, as material such as rocks, peb- listed in the most current edition of bles, sand, mulch and decora- the Florida Exotic Pest Plant Coun- tive paving materials. Non-liv- cil's List of Invasive Plant Species, ing landscape material shall be shall be removed from the lot. limited to a maximum of twenty (5) Planting plan. Simultaneously with (20)percent of the total lot area. the application for a demolition per- Supp. No. 49 2512.4 APPENDIX C ZONING § 45-36 mit, the lot owner shall submit a b. The exemption shall remain in planting plan to the community de- place for so long as the permit velopment department indicating the or approval remains active,pro- method of ground treatment and iden- vided that active construction tifying existing trees and palms to be activities commence within the preserved and non-native and exotic one hundred and twenty-day species to be removed. The depart- period. In order to qualify for ment shall not issue the demolition the exemption, the lot owner permit until the planting plan has shall submit an affidavit stat- been submitted and approved. ing that the above require- ments shall be met at the time (6) Maintenance. The lot shall be main- the application for the demoli- tained in accordance with the require- tion permit is submitted. ments of chapters 14 and 15 of the C. A property owner may apply for village Code of Ordinances. Mainte- one extension of the exemption nance shall terminate upon the com- period for a period of time not mencement of active construction ac- to exceed sixty (60) days. tivities in accordance with a valid and active building permit. If con- d. In the event: (1) construction struction activities cease for more activities do not commence than thirty (30) days or the building within the one hundred and permit expires, a new planting plan twenty-day period; (ii) the per- shall be submitted and implemented. mits or other approvals facili- tating redevelopment of the (7) Exemption. property expire;or(iii)construc- tion activities commence and a. A lot owner shall be exempt then cease for a period of more from submitting a planting plan than thirty(30) days, the prop- and demolishing the existing erty owner shall comply with driveways, parking areas and all requirements of subsections accessory structures if the prop- (2) through (6) above within erty will be redeveloped within thirty (30) days. one hundred and twenty (120) days of demolition,as evidenced (8) Existing docks or piers. An existing by the submittal of an applica- dock or pier adjacent to a formerly tion for a building permit or developed vacant lot may remain other development approval at subject to the following conditions: the time of demolition. The lot a. The use of the dock or pier shall owner shall certify that the ex- be limited to one vessel; isting driveways, parking ar- b. The dock or pier shall only be eas and accessory structures will used for the personal enjoy- be incorporated into the new ment of the lot owner and shall construction plan or are neces- not be rented or leased to any sary to facilitate future construc- third party or used for any com- tion activities,whichever is ap- mercial purpose; plicable. Lot owners shall limit access to swimming pools re- C. No sewer or electrical services to maining on vacant lots in accor- p ermitted; p the dock or pier shall be dance with the applicable build- ing code requirements for new d. No live aboard vessels shall be construction. permitted; Supp. No. 49 2512.4.1 § 45-36 NORTH PALM BEACH CODE e. The upland portion of the lot Cultural resource.Asite,object,structure,build- shall not be used for storage, ing or district listed in the Village's register of parking or any other accessory historic sites. use or structure until the prin- Demolition. The tearing down or razing of cipal use or primary structure twenty-five (25) percent or more of a structure's is completed; and external walls. f. Access to the dock or pier may District. A geographically definable area pos- be restricted as provided in sec- tion 45-36(D-1) above. sessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects, (9) Enforcement. Violations of this sec- or areas,which are united historically or aesthet- tion shall be enforced as code enforce- ically by plan or physical development. A district ment violations in accordance with may be comprised of individual resources which article VI of chapter 2 of the village are separated geographically but are linked by Code of Ordinances. association or history. (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No. Object. A material thing of functional, aes- 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. 11-75, § 1, thetic, cultural, historical or scientific value that 9-11-75; Ord. No. 2-76, § 1,2-26-76;Ord. No. 3-77, may be, by nature of design, movable, yet related § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. to a specific setting or environment. 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91; Ord. No. 20-95, § 1, 7-27-95; Ord. No. 34-96, § 1, Ordinary maintenance. Work which does not 8-22-96; Ord. No. 3-97, § 1, 1-9-97; Ord. No. 12-97, require a construction permit and that is done to §§ 3, 4, 2-27-97; Ord. No. 2-98, § 1, 1-8-98; Ord. repair damage or to prevent deterioration or No. 6-99, § 1, 1-28-99; Ord. No. 03-2002, § 1, 2, decay of a building or structure or part thereof as 2-14-02; Ord. No. 04-2005, § 1, 2-10-05; Ord. No. nearly as practicable to its condition prior to the 2006-28, § 11, 12-14-06; Ord. No. 2010-21, § 5, damage, deterioration, or decay. 11-18-10) Original appearance. That appearance (except for color) which, to the satisfaction of the village Sec. 45-37. Historic site overlay district. council, closely resembles the appearances of ei- ther: A. Purpose. The historic site overlay district is (1) The feature on the building as it was used to impose special development restrictions originally built or was likely to have been on identified areas. The locations of this overlay built, or district are established by the Village based on the need for special protective measures at those (2) The feature on the building as it presently locations. The historic site overlay district im- exists so long as the present appearance poses different standards than those that would is appropriate, in the opinion of the vil- otherwise apply. lage council, to the style and materials of the building. B. Definitions. [For purposes of this section, C. Creation of local register of historic sites. A the following words shall have the meaning as- local register of historic sites is hereby created as cribed to them in this subsection:] a means of identifying and classifying various sites, buildings, structures, objects and districts Building. A structure created to shelter any as historic and/or architecturally significant. The form of human activity. This may refer to a house, local register will be kept by the director of barn, garage, church, hotel, or similar structure. community development. Buildings may refer to a historically or architec- turally related complex, such as municipal build- D. Initiation of placement on local register. ings, or a house and barn. Parking lots and Placement of sites, buildings, structures, objects garages are hereby deemed to be "buildings." or districts on the local register may be initiated Supp. No. 49 2512.4.2 CODE COMPARATIVE'FABLE Adoption Section Ord.No. Date Section this Code 8 19-221 9 29-5(a) 10 App. C, § 45-20(9), (10) 11 App. C, § 45-36 Q(5) 2007-01 1-11-07 2 Added 21-48 2007-03 2- 8-07 2 6-17 2007-10 4-12-07 1 2-52(a) 2 2-54(3) 2007-13 7-12-07 1, 2 2-1 2007-16 10-25-07 2 Added App. C, §45-16.1 2007-17 10-25-07 2 Added 2-166(1)d. 2007-19 12-13-07 2,7 18-34 3 2-173 2007-20 12-13-07 2 Rpld 9-16-9-21 3 9-16-9-19 2007-21 12-13-07 2 14-30(2) 2008-01 1-10-08 2 6-115(F) 2008-02 1-10-08 2 2-148 2008-03 1-24-08 2 10-5 Dltd 10-6-10-8 Rnud 10-9 as 10-6 Dltd 10-10 Rnud 10-13 as 10-7 4 Rpld 10-58-10-64 3 10-76 Rpld 10-77 2008-04 1-24-08 2 5-83 5-85 2008-06 2-28-08 2 Added 19-11 2008-07 4-10-08 2 36-23 2008-09 8-28-08 App. D 2008-15 10-23-08 2 Rpld 14-37-14-52 3 Rpld 14-79-14-83 Added 14-79-14-83 2008-16 10-23-08 2 14-30 2008-17 11-13-08 2 2-4 2008-18 11-13-08 2-5 2-159-2-162 2009-01 1- 8-09 2 Added 14-31 2009-02 1-22-09 2, 3 6-111, 6-112 4 6-114 6 6-115 2009-03 1-22-09 2 9-17(a) 2009-04 4-23-09 2 App. C, §45-2 3 App. C, § 45-19 D. 4 App. C, § 45-27 A.1. Added App. C, § 45-27 F. 2009-05 5-14-09 2 Added 15-11-15-18 2009-006 6-11-09 2 4-27, 4-28 4-31, 4-32 2009-07 7-23-09 2 17-33 2009-09 7-23-09 2 14-79 2009-11 9-10-09 2 Added 2-251-2-256 2009-15 9-24-09 2 12-16, 12-17 Added 12-18 Supp. No. 49 2891 NORTH PALM BEACH CODE Adoption Section Ord.No. Date Section this Code 2009-16 11-12-09 2 21-3 3 5-86 4 6-111(E)(3), (4) 5 21-21(g) 6 App. C, § 45-35.1.Vll 7 App. C, §§45-49, 45-50 2010-01 1-14-10 2 2-159 3 2-161(e)(10)c. 4 2-162 5 2-164(x) 6, 7 2-165, 2-166 8, 9 2-168, 2-169 2010-02 1-28-10 2 Dltd 6-112(L) Rnbd 6-112(M)—(0) as (L) (N) 2010-03 1-28-10 2 5-1 3 Rpld 5-18 4 5-25 2010-06 3-11-10 2 24-43(b) Added 24-43(d) 24-44 24-46, 24-47 3 24-58 2010-07 5-27-10 2 2-146 3 Added 2-146.1 4-14 24-147-24-157 15 Rpld 2-158 16 Rnbd,Amd 2-158.1 as 2-158 2010-08 6-24-10 1-19 App. D 2010-09 7- 8-10 2 Dltd 2-171-2-182 Added 2-171-2-183 2010-10 7-22-10 2 4-27, 4-28 4-31, 4-32 2010-11 7-22-10 2 6-114 2010-38(Res.) 7-22-10 1-4 App. D 2010-21 11-18-10 2 14-80 3 15-2 4 45-2 5 45-36 (The next page is 29331 Supp. No. 49 2892