Pages Replaced by Supplement #49TABLE OF CONTENTS
Page
Officials of the Village .... . .................................. iii
Preface ..................................................... v
Adopting Ordinance ......................................... vii
Readopting Ordinance ....................................... x,i
Checklist of Up-to-Date Pages ................................ [1]
PART I
CIiARTER
Claartex ..................................................... 1
Art. I. Corporate Name .............................. 3
Art. LA. Vision Statement ........................... 3
Art. II. Territorial Boundaries ....................... 3
Art. III. Legislative .................... . ............ 10.2
Art. IV. Administrative .............................. 1.5
Art. V. Qualifications and Elections .................. 17
Art. VI. Transition Schedule ......................... 18
Charter Comparative Table ...... ............................ 65
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions ....................................... 77
Administration .......................................... 133
Art. I. In General ................................... 135
Art. II. Council ..................................... 137
Div 1. Generally ............................... 137
Div 2. Rules of Procedure ....................... 138
Art. III. Administrative Code ........................ 138.1
Div. 1. Generally ............................... 138,1
Div. 2. Audit Committee ........................ 139
Div. 3. Department of Finance ................... 140
Div. 4. Department of Records ................... 140.1
Div. 5. Department of Public Safety .............. 141
Div. 6. Department of Public Works .............. 142
Div, 7. Department of Library ................... 142
Div 8. Department of Country Club ............. 142
Div 9. Department of Recreation ................ 142
Div. 10. Department of Community Development . 142.1
Art. IV. Manager . ................................. 142.1
Art. V. Pensions and Retirement Systems ...... , , , , .. 143
Div. 1. Generally ............................... 143
Supp. Ko. 48 ~
NORTFI PALM BEACH CODE
Chapter Page
Div 2. Social Security ........................... 143
Div. 3. Pension and Certain Other Benefits for Gen-
eral Employees .......................... 145
Div 4. Pension and Certain Other Benefits fox Fire
and Police Employees .................... 152.5
Div 5. Length of Service Award Plan for Volunteer
Firefighters ............................. 161
Div 6. ICNIt1 Defined Contribution Pension Plan.. 163
Art. VI, Code Enfarcement ..... . ................ . ... 163
Art. VII . Alternate Method of Code Enforcement...... 169
3. Alcoholic Beverages ...................................... 211
4. Animals and Fowl ....................................... 263
Art. I. In General ................................... 265
Art. II. Dogs and Cats .............................. 266
Art. III. Rabies Control ............................. 269
5. Boats, Docks and Waterways ............................. 319
Art. I. In General ................................... 321
Art. II. Boat Latuiching Area ........................ 325
Art. III, Construction Requirements . . ............... 326
Div 1. Generally ............................... 326
Div 2. Canals .................................. 326
Div 3. Bulkheads and Seawalls .................. 327
Div 4. Docks and Piers ......................... 328
Div 5. Erosion Control Structures ............... 333
Art. IV. Marine Sanctuaries .................... . .... 333
Art. V Waterways Board ............................ 334
6. Buildings and Building Regulations ....................... 381
Art. I. In General ................................... 383
Art. II. Minimum Construction Standards. , .......... 383
Art. III. Appearazzce Code ........................... 384
Div 1. Generally ............................... 384
Div 2. Reserved ................................ 398.3
Div 3. Certificate. of Appropriateness ............ 398.3
Art. N Reserved ................................... 398.5
Art. V. Signs and Outdoor Displays .................. 398.5
Art. VI. Energy Efficiency Building Code ......... . ... 398.18
Art. VII. Coastal Construction Code ................. 398.18
7. Bulkhead Lines .......................................... 453
Art. I. In General ................................... 455
Art. II. Filling Permit ............................... 455
8. Emergency Management ................................. 507
Art. I. In General ................................... 509
Art. II. Civil Disorders and Disturbances ............. 510
9. Country Club ............................................ 559
Art. I. In General ................ ................... 561
8upp. No. 4S xii
TAL'LL OF CONTENTS--Contd.
Chapter Page
Art. II. Golf Advisory Board ......................... 562
Art. III. Finances ................................... 563
10. Elections ............................................... 615
Art. I. In General ................................... 617
Art. II. Reserved ................................... 618
Art. III. Reserved ................................... 618
Art. IV. Polling Locations ........................... 618
11. Electricity .............................................. 671
Art. I. In General ................................... 673
Art. II. Electrical Code .............................. 673
11.5. Emergency Service .................................... 695
Art. I. In General ................................... 697
Art. II. Emergency Medical Services ........... . .. . .. 697
12. Fire Prevention and Protection .......................... 723
Art. I. In General ................................... 725
Art. II. Florida Fire Prevention Cade ................. 725
Art. III. Fire Division ............................... 726
Div, 1. Generally ............. . ............... . . 726
Div. 2. Personnel ............................... 727
Div. 3. Equipment .............................. 727
Div 4. Reserved ................................ 728
Art. IV. Recovery of Costs for Cleanup, Abatement and
Removal of Hazardous Substances ........... 728
12.5 Flood Damage Prevent"xon .............................. 777
Art. I. In General ................................... 779
Art. II. Administration .............................. 783
Art. III. Provisions for Flood Hazard Reduction ....... 786
13. Reserved ............................................... $39
14. Health and Sanitation .................................. 889
Art. I. In General ................................... 891
Art. II. Garbage, Trash and Refuse . . .... . . ... . ... . .. 891
Div 1. Generally ............................... 891
Div 2. Garbage Collection and Disposal .......... 891
Div 3. R,eserved ................................ 892
Art. III. Reserved ................................... 892
Art. IV. Abatement of Public Nuisances on Private Prop-
erty ........................................ 893
15, Housing ............................................... 945
Art. I. In General ................................... 947
Art. II. Abandoned Real Property .. . ............. . ... 949
16. Library ................................................ 997
Art. I. In General ................................... 999
Art. II. Library Board ............................... 999
17. Licenses and Miscellaneous Business Regulations... , ..... 1051
Art. I. In General ................................... 1053
Supp. No. 46 xiii
NORTFI PALM BEACH CODE
Chapter Page
Art. II. Local Business Tax .......................... 1057
Art. III. Businesses Located Outside Village Limits ... 1060.4
Art, IV. Reserved ................................... 1063
Art. V. Arnb~~lances ................................. 1063
Art. VI. Garage and Other Sales ..................... 1063
17.5 Reserved .............................................. 1121
18. Motor Vehicles and Traffic ............................... 1171
Art. I. In General ................................... 1173
Art. II. Operation of Vehicles Generally .............. 1173
Art. III. Stopping, Standing and Parking ............. 1175
19. Offenses and Miscellaneous Provisions ....... . . . ......... 1225
Art. I. In General ................................... 1227
Art, II. Sexual Offenders and Sexual Predators .. , , , .. 1228
Art. III. Offenses Against Property ................... 1228.1
Art. IV Offenses Against Public Morals .............. 1228.1
Art. V. Offenses Against Public Peace ................ 1229
Art. VI. Noise Control .............................. 1229
Art. VII. Reserved .................................. 1235
Art. VIII. Weapons ................................. 1235
Art. IX. Water Shortage Emergencies ................ 1236
Art. X. Alarms ..................................... 1238
Art. XI. Wellfield Protection ......................... 1242
20. Parks, Playgrounds and Recreation ...................... 12$9
Art. I. In General ................................... 1291
Art. II. Meetings and Gatherings .................... 1292
Div 1. Generally ............................... 1292
Div 2. Permit .................................. 1292
Art. III. Recreation Advisory Board .................. 1293
21. Planning and Development .............................. 1343
Art. I. In General ................................... 1345
Art. II. Planning Commission ....................... 1347
Art. III. Board of Adjustment ........................ 1348
Art. IV. Coneurrency Management ................... 1350
Art. V. Stormwater Management .................... 1363
Art. VI. Archaeological Site Protection Regulations ... 1366.1
22. Reserved ............................................... 1411
23. Police .................................................. 1463
Art. I. In General ................................... 1465
Art. II. Reserved ................................... 1465
Art. III. Reserve Farce .............. . .......... . .... 1465
24. Streets, Sidewalks and Public Places ..................... 1517
Art. I. In General ................................... 1519
Art. II. Excavations ................................. 1519
Div. 1. Generally . . . .......... . ................. 1519
Div 2. Permit .................................. 1520
Supp. No. 46 xiv
TAI3Ll; OF CON7'I;NTS-Contd.
Chapter Page
Art. III. Sidewalks and Driveways ................... 1520
Div. 1. Generally ............................... 1524
Div, 2. Permits ................................. 1523
25. Swimm ing Pools ........................................ 1573
Art. I. In General ................................... 1575
Art. II. Reserved ................................... 1575
Art. III. Reserved ................................... 1576
26. Taxation ............................................... 1627
Art. I. In General ................................... 1629
Art. II. Insurance Excise Taxes ...................... 1629
Art. III. Utility Tax ................................. 1629
Art. IV. Telecommunications Service Tax ............. 1630
27. Trees and Shrubbery .................................... 1681
Art. I. In General ................................... 1683
Art. II. Trees in Swale Areas ........................ 1683
Art. III. Landscaping ............................... 1684
Div. 1. Generally ............................... 1684
Div 2. Reserved ................................ 1686
Div. 3. Requirements for Certain Yard Areas, Off-
Street Parking and Other Vehicular Use
Areas ................................... 1686
28. Use of Rights-Of--Way for Utilities ....................... 1739
29. Telecommunications .................................... 1781
Appendices
A. Appearance Plan ........................................ 2043
B. Subdivisions ............................................ 2353
Art. I. In General ................................... 2355
Art. II. Procedures for SubdivisioYa Plat Approval ..... 2358
Art. III. Design Standards .......................... 2365
Art. IV Required Improvements ..................... 2368.1
Art. V. Enforcement Provisions ...................... 2372
Art. VI. Amendments ............................... 2378
Art. VII. Legal.Status ............................... 2379
C. Zoning .................................................. 2479
Art. I. In General ................................... 2481
Art. II. Generally ................................... 2485
Art. III. District Regulations ........................ 2486.6
Arts. N, V. Reserved ................................ 2515
Art. VI. Amendments-Fees; Waiting Periods......... 2515
Art. VII. Nonconforming Uses of Land and Structures. 2516
D. Franchises .............................................. 2619
Statutory Reference Table .................................... 2819
Code Comparative Table-1970 Code ......................... 2869
Supp. No. 47 xv
NORTH PALM 13EACII CODE
Page
Code Comparative Table-Laws of Florida ........ . . . ... . ..... 2873
Code Comparative Table-Qrdinances ........................ 2875
Charter Index ............................................... 2933
Code Index ................................................. 2935
Supp. No. 47 xvi
Checklist of Up-ta-Date Pages
{This checklist will be updated with the
printing of each Supplement}
Frorn our experience in publishing Looseleaf Supplements on apage-far-page
substitution basis, it has become evident that through usage and supplementation
many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to
determine whether the Code volume properly reflects the latest printing of each
page.
In the first colmmi all page numbers are listed in sequence. The second column
reflects the latest printing of the pages as they should appear in an up-to-date
volume. The letters "OC" indicate the pages have not been reprinted in the
Supplement Service and appear as published for the original Code. When a page has
been reprinted or printed in the Supplement Service, this colmYUx reflects the
identification number ar Supplement Number printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in
compiling an up-to-date copy from the original Code and subsequent Supplements.
Page No. Supp. No. Page No. Supp. No.
Tittle page 1 17, 18 25
iii 1 19 25
v, vi OC 65 38
vii., viii OC 77 OC
ix OC 79, 80 OC
x.i, x.ii 1 81, 82 25
x.iii ]. 83 25
xi, xii 48 133 48
xii., xiv 46 134.1, 131.2 34
xv, xvi 47 1.39:.3, 134.4 39
]. 25 134.5, 134.6 39
3, 4 25 135, 136 39
5, 6 25 1`37, 1`38 39
7, 8 25 138.1, 138.2 33
9, 10 29 138.3 30
10.1, 10.2 38 139, 140 34
10.3 38 140.1, 140.2 28
11, 12 25 141, 142 33
13, 14 25 142.1 33
15, 16 33 143, 149: 31
16.1 33 145, 146 47
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S~~pp. No. 98
NORTH PALM BEACH CODE
Page No. Supp. No. Page No. Supp. No.
1.47, 148 47 398.6.1 45
149, 150 47 398.7, 398.8 40
151, 152 47 398.9, 398.10 46
1521, 152.2 47 39811, 39812 48
152.3, 152.4 47 398.13, 398.14 48
152.5, 152.6 47 398.14.1, 398.14.2 48
153, 154 46 398.15, 398.16 40
155, 156 46 398.161 40
157, 158 46 398.17, 398.18 33
159, 160 46 399, 400 OC
161, 162 46 401, 402 OC
1621, 162.2 46 403 OC
162.3, 162.4 4G 453 OC
163, 164 48 455, 456 22
165, 166 48 507 22
167, 168 48 509, 510 33
169, 1.70 48 511 22
211 OC 559 36
213, 214 19 561, 562 40
263 OC 563 40
265, 266 OC 615 36
267, 268 48 617, 618 36
269 48 671 2
319 29 673 24
321, 322 4b 695 13
323, 324 46 697 13
325, 326 46 723 24
326.1 46 725, 726 44
327, 328 27 727, 728 5
329, 330 36 729 5
331, 332 36 777 OC
333, 334 45 779, 780 OC
335 45 781, 782 OC
381 23 783, 784 OC
383, 384 33 785, 786 OC
385 24 787, 788 OC
398.3, 398.4 7 789 OC
398.5, 398.6 45 839 OC
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Supp. No. 48
CHECKLIST OF 1TP-TO-DA`PE PACES
Page No. Supp. No. Page No. Supp. No.
889 39 1289 3
891, 892 40 1291, 1292 OC
892.1, 8922 40 1.293, 1294 29
893, 894 43 1295 29
945 41 1343 4
947, 948 41 1.345, 1346 45
949, 950 41 1347, 1348 45
951 41 1349, 1350 45
997 OC 1350.1, 13502 45
999, 1.000 22 135 ]., 1352 33
1051 33 1.353, 1354 33
1053, 1054 31 1355, 1356 33
1054.1., 1054.2 31 1356.1. 33
1054.3, 1054.4 31 1357, 1358 OC
1055, 1056 36 1359, 1360 33
1057, 1058 33 1361, 1362 33
1059, 1060 33 1.363, 1364 33
1060.1, 1060.2 43 1365, 1366 33
1060.3, ].060.4 43 1366.1, 1366.2 33
1060.5 43 1366.3, 1366.4 33
1061, 1062 8 1367 5
1063, 1064 8 1411 OC
1121 OC 1463 OC
1171 OC 14115, 1466 OC
1173, 1174 28 1517 OC
1175, 1176 36 1519, 1520 OC
1177 36 1.521, 1522 4:7
1225 3l. 1523 47
1227,1228 37 1573 24
1228.1 37 1575, 1576 29
]229, 1230 21 1627 9
1231, 1232 21 1629, 1630 27
1233,1234 33 1631 27
1235, 1236 30 1681 OC
1L36.1 30 1683, 1684 33
1237, 1238 16 1684.1, 1684.2 24
1239, ].240 33 1685, 1686 OC
1241, 1242 33 1687, 1688 17
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Sulap. No. 48
NORTH PALM BEACH CODE
Page No. Supp. No. Page No. Supp. No.
1689, 1690 17 2485, 2486 41
1739 14 2486.1, 2486.2 41
1741, 1742 21 2486.3, 2486.4 41
1781 21 2486.5, 2486.6 41
1783, 1784 21 24-86.7, 2486.8 41
1785, 1786 33 2486.9, 2486.10 41
1787, 1788 33 2487, 2488 OC
1788.1 33 2488.1, 2488.2 18
1789, 1790 21 2489, 2490 18
1791, 1792 21 2491, 2492 18
1793, 1794 21 2493, 2494 18
1795, 1.796 21 2495, 2496 18
2043 OC 2497, 2498 32
2045, 2046 33 2499, 2500 32
2046.1 25 2500.1 32
2047, 2048 OC 2501, 2502 25
2049, 2050 OC 2503, 2504 28
2051, 2052 OC 2504.1, 2504.2 29
2053 OC 2504.3 28
2353 OC 2505, 2506 10
2355, 2356 OC 2507, 2508 13
2357, 2358 33 2509, 2510 32
2359, 2360 33 2510.1, 2510.2 45
2361, 2362 33 2510.2.1 45
2363, `L364 '33 2510.3, 2510.4 25, Adcl.
2364.1 33 2510.5, 2510.6 25, Add.
2365, 2366 OC 2510.7, 251.0.8 25, Add.
2367, 2368 37 2510.9, 2510.10 25, Acld.
2368.1 37 2510.11, 2510.12 25, Add.
2369, 2370 OC 2510.13, 2510.14 25, Adcl.
2371, 2372 OC 2510.15, 2510.16 25, Add.
2373, 2374 33 2510.17, 2510.18 25, Add.
2375, 2376 33 2510.19, 251020 25, Acici.
2377, 2378 33 2510.21, 2510.22 25, Add.
2379 33 2510.23, 2510.24 25, Add.
2479 9 2510.25, 2510.26 25, Add.
2481, 2482 41 2510.27, 2510.28 25, Add.
2483, 2484 41 2510.29, 2510.30 25, Adcl.
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Supp. No. 48
CHECKLIST OF UP-TO-DATE PACES
Page No. Supp. No. Yage l~lo. Supp. iVo.
2510.31, 2510.82 25, Acld. 2935, 2936 48
2510.33, 2510.34 25, Add. 2937, 2938 48
2510.35, 251.0.36 25, Adcl. 2939, 2940 48
25 ].0.37, 2510.38 25, Add. 2941, 2942 X18
2510.39, 2510.40 25, Add. 2943, 2944 48
251.0. Lll, 251.0.42 25, Aclcl. 2945, 2946 48
2514.43, 2510.44 25, Acld. 2947, 2948 48
2510.45, 251d.4G 25, Add. 2948.1 48
2510.47, 25Id.48 25, Acld. 2949, 2950 47
2510.49, 2510.50 25, Add. 2951, 2952 48
2514.51, 2510.52 25, Adcl. 2953, 2954 ~:8
2510.53, 2510.54 25, Acld. 2955, 2956 48
2510.55, 2510.56 25, Add. 2957, 2958 36
2510.57, 2510.58 25, Acld. 2959, 2960 45
2511., 2512 30
2512.1, 2512.2 23
2512.3, 2512.4 33
2512.5, 2512.6 33
2512.7 33
2513, 2514 OC
2515, 2.516 45
2516.1 45
2517, 2518 22
2619 48
2819,L82{) 48
2869, 2870 OC
2871 OC
2873 OC
2875, 2876 OC
2877, 2878 OC
2879, 2880 OC
2881, 2882 14
2883, 2884 14
2885, 2886 19
2887, 2888 25, Add.
2889, 2894 33
289]., 289E 48
2933, 2934 25
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CHARTER
said westerly right-of--way line being herein as-
sumed to be a line parallel to and 40 feet westerly
from the centerline of said road, and also being
parallel to and 7 feet westerly from the westerly
right-of--way line of said road, as per Plat of
Rivard Subdivision, as recorded in Plat Boak 21,
page 12, and said point of beginning being 1145.6
feet northerly, measured along said right-of--way
line, from the South line of said Section 17; thence
westerly, at xight angles to the preceding course,
128.06 feet, more or less, to a point in the westerly
line of the Southeast Quarter of the Southwest
Quarter of said Section 17; tbence northerly along
said westerly line, 54.15 feet, mare ar less, to a
point in a line parallel to, and 50 feet noz~therly
from, measured at right angles to, the South line
of the herein described parcel, thence easterly
along said parallel line, 107 feet more or less, to a
point in said westerly right-of--way line of State
Road A1A; thence southerly along said westerly
right-of--way line, 50 feet, more or less, to the
point of beginning.
PARCEL II: A parcel of land in Section 17, Town-
ship 42 South, Range 43 East, more particularly
described as follows:
Beginning at a point in the westerly right-of--way
line of State Road AlA, formerly State Road 176,
said westerly right-of--way line being herein as-
sumed to be a line parallel to and 40 feet westerly
from the centerline of said road, and also being
parallel to, and 7 feet westerly from the westerly
right-of--way line of said road, Plat of Rivard
Subdivision, PIat Book 21, Page 12, and said point
of beginning being 1095.6 feet northerly, mea-
sured along said right-of--way line, from the South
line of said Section 17, then northerly along said
westerly right-of--way line 50 feet; then westerly
at right angles to the preceding course,. 128.06
feet, more or less, to a point in the westerly line of
the Southeast Quarter of Southwest Quarter of
said Section 17; then southerly along said west-
erly line, 53.96 feet, more ar less to a point in a
line parallel to, and 50 feet southerly from, mea-
sured at right angles to, the north line of the
herein described parcel, thence easterly along
said parallel line 144 feet, more or less, to a point
of beginning.
§1
Subject to restrictions, reservations, easements
and covenants of record, if any, to the extent that
same are valid and enforceable.
Lots 43, 44, 45 and 46, KELSEY ACRES, PLAT
NO. 2 (LESS AND EXCEPT that Land taken or
conveyed to the Department of Transportation for
Ilighway Purposes as shown on Raad Plat Book 4,
page 22 and as appear in instruments recorded in
Official Record Boak 353$, page 1834 and in
Official Record Book 3543, page 332), according to
the plat thereof on file in the Office of the Clerk of
the Circuit court in and for Palm Beach County,
Florida, as in Plat Baok 24, page 47.
Lot 47, KELSEYACRES # 2, according to the Plat
thereof on file in the Office of the Clerl~ of the
Circuit Court in and for Palm Beach County,
Florida, retarded in Plat Book 24, Page 47, less
and except the following described property con-
veyed to the State of Florida by instrument re-
corded at Official Record Baok 3697, Page 355 of
Official Retards of Palm Beach County, Florida:
Commence at the Northwest corner of said Lot 47,
thence South 38°22'23" West along the Westerly
line of said Lat 47, a distance of 68.64 feet to the
POINT OF BEGINNING; thence continue South
38°22'23" West along said. Westerly line a distance
of 29.69 feet to a point on a curve concave South-
westerly having a tangent bearing of South
36°18'02" East through said paint; thence south-
easterly along said curve having a radius of
5769.58 feet, through an angle of Ol°27'35" an arc
distance of 146.99 feet to the Southeast caxner of
said Lot 47; thence North 50°46'22" East along
the Easterly line of said Lot 47 a distance of 25.83
feet to a point on a curve concave Southwesterly
and having a tangent bearing of North 33°50'47"
West through said point; thence Northwesterly
along said curve having a radius of 6305.45 feet
through an angle of Ol°23'44" an arc distance of
153.58 feet to the POINT OF BEGINNING.
A parcel of land in the southwest quarter of
Section 17, Township 42 South, Range 43 East,
Palm Beach County, more particularly described
as follows:
Beginning at the intersection of the easterly right-
of-way line of the Florida East Coast Railroad and
the westerly extension of the southerly right-af-
way line of Richard Road as said right-of=way is
Supp. No. 38 10.1
§1
NORTH PALM BEACH CODE
shown on the plat of Kelsey Acres recorded in Plat
Book 22, Page 16, Public Records of Palm Beach
County, Florida; thence southerly along the east-
erly right-of--way 11ne of the F.E.C. Railroad a
distance of 530.00 feet; thence easterly making an
angle with the preceding course measured from
North to East of 85°00'20", a distance of 271.47
feet, more or lass, to the westerly right-of--way line
of State Road A-1-A, said right-of--way ling being
also the arc of a curve concave to the Southwest
and having a radius of 5689.58 feat; thence north-
westerly, along the arc of said curve and the
westerly right-of--way line of state road A-1-A,
through an angle of 4°14'13" a distance of 430.73
feet to the said westerly extension of the south-
erly right-of-way ling of Richard Road; thence
westerly along said westerly extension a distance
of 232.47 feet to the point of beginning, Less
additional right-of--way acquired by the depart-
ment of transportation in that order of taking
recorded in Official Record Book 3666, Page 141.
(Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95,
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.
16-2002, § 1, 5-23-02; Ord, No. 27-2002, § 1,
9-26-02; 03-2003, § 1, 2-13-03; Ord. No. 10-2004,
§§ 1(Exh, Aj, 7-8-04; Ord. No. 33-2004, § 1{Exh.
A), 12-9-04; Ord. No. 2007-04, § 2, 3-8-07; Ord.
No. 2007-05, § 2, 3-8-07; Ord. No. 2008-10, § 2(Exh,
Aj, 9-11-OS)
ARTICLE III. LEGISLATIVE
Section 1. Village council; powers and com~
position.
Thera shall be a village council with all legis-
lative powers of the village vested therein consist-
ing of five (5) members who shall be electors of the
village, who shall be elected by the electors of the
village.
(Ord. No. 1-76, § 1, 2-19-76)
Section 2. Election and terms.
On the second Tuesday in March of each year a
general election shall be held to elect members of
the village council. The selection of members of
the village council shall be by groups to be known
as Groups 1, 2, 3, 4 and 5. The councilmen in
Groups 1, 3 and 5 shall be elected in the even
years and councilmen in Groups 2 and 4 shall be
alerted in the odd years. The term of office of a
councilman shall commence upon his election and
qualification and shall continue for two (2) years
thereafter and until his successor is sleeted and
qualified; provided, however, that the terms of
office of those councilmen whose terms expire in
March of 1981 and March of 1982 shall be short-
ened by a period of one week.
(Ord. Na. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1,
10-9-80j
Section 3. Mayor,
The council shall elect from among its mem-
bers amayor, avice mayor, and a president pro
tem to serve at the pleasure of the council. Elec-
tion of the mayor, vice mayor and president pro
tem shall be dons annually at the first (lst)
regular council meeting after the village election.
The mayor shall preside at meetings of the coun-
cil, shall be recognized as head of village govern-
ment for all ceremonial purposes, by the governor
for purposes of military law, for service of process,
execution of contracts, deeds and other docu-
ments, and as the village official designated to
represent the village in all agreements with other
governmental entities or certifications to other
governmental entities, but shall have no admin-
istrative duties except as required to carry out the
responsibilities herein. The vice mayor shall act
as mayor during the absence or disability of the
mayor. The president pro tem shall preside at
council meetings in the absence of the mayor and
vice mayor.
The mayor shall have power, for sufficient
cause, to suspend any Village officer or official
appointed by the council. In case of the suspen-
sion of any such person, the mayor shall, within
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 heaxing to the suspended officer, who
shall be given an opportunity to be hoard with his
Supp. No. 38 10.2
CHARTER,
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 far
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 ox
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, 2-19-76j
Section 4. Compensation and expenses.
The council may determine the annual salary
of council members by ordinance, but no ordi-
nance increasing such salary shall. become effec-
tive until the date of commencement of the terms
of the council members elected at the nez~t regular
election, provided that such election follows the
adoption of such ordinance by at least six (6j
months.
(Ord. No. 1-76, § 1, 2-19-76)
Section 5. Vacancies; forfeiture of office; fill-
ing of vacancies.
(a) T~c~cc~ncies. The office of a council member
shall become vacant upon his death, resignation,
removal from office in any manner authorized by
law ar forfeituxe of his office, such forfeiture to be
declared by the remaining members of the coun-
cil.
(b j Forfeiture of office. A council member shall
forfeit his office if he lacks at any time during his
term of office any qualification for the office
prescribed by this charter or by law.
§`~
Supp. No. 38 10.3
t(i
t
CI~AR,TER COMPARATNE TABLE
Chapter Disposition
NNumber Section Article/Section
31481 E1956) Art. I I
73-564 1 II 1
Ordinance Disposition
Number Date Section ArticlelSection
29-80 10- 9-80 1 Ilt 2
1i-86 9-11-86 1 III 11
03-95 2- 9-95 II 1
24-96 7-11-96 II 1
33-96 8-22-96 II 1
20-99 5-27-99 1 II 1
16-2002 5-23-02 1 II 1
27-2002 9-26-02 1 II 1
31-L002 12-12-02 1 Added LA.
33-2002 12-12-02 1 Added III .5(e)
34-2002 i2-i2-02 1 III 9(a}
35-2002 12-12-02 1 lU
36-2002 12-12-02 1 III 11(a)-(c)
37-2002 12-i2-02 1 Added III 12
38-2002 12-12-02 1 Rpld IV 7
Added IV 7
2 Added IV 8
3 Added N 9
4 Added IV 10
39-2002 12-i2-02 1 V 3
40-2002 12-12-02 1 Added IV 7
03-2003 2-13-03 1 li 1
10-2004 7- 8-04 1(Exh. A) II 1
33-2004 12- 9-04 1(L+'xh. A) II 1
2006-24 li- 9-06 3 Added III 12(note}
2007-04 3- 8-07 2 II 1
2007-05 3- 8-07 2 II 1
2008-10 9-11-08 2(.Exh. A) II 1
Supp. No. 38 ~i5 [The next page is 77I
t
I
t
��
I
i
I �
I
HEAi;Pli AND SANITAPION
ARTICLE IV. ABATEMENT OF PUBLIC
NUISANCES ON PRIVATE PROPERTY ~`
Sec. 14-79. Definitions.
The fallowing words and phrases, when used in
this article, shall have the meanings ascribed to
them in this section, except where the context
clearly indicates a different meaning:
Debris means any trash, rubbish, pipes, paper,
wrapping, crates, boxes of any type, tin cans,
wand, bottles, glass, animal and vegetable wastes,
or other discarded materials, including vehicles,
boats and boat trailers in a rusted, wrecked,
junl~ed, inoperative or partially dismantled con-
dition. This definition shall include any vehicle,
boat or boat trailer that does not possess a valid
and current registration or to which a valid and
current license plate or registration decal is not
affixed as required by state law.
Personal p3•oper•ty means all forms of personal
property and chattel, other than real property.
(Ord. No. 2008-15, § 3, 10-23-08; Ord. No. 2009-
49, § 2, 7-23-09}
Sec. 14-80. Uses or activities constituting a
public nuisance.
The following uses or activities upon any im-
proved or vacant parcel, lot, tract, land or pre-
mises within the village shall constitute a public
nuisance and a violation of this code, subject to
the musance abatement procedures set forth in
this article and all other methods of code enforce-
ment available to the village, incuiding, but not
limited to code enforcement proceedings and in-
junctive relief:
(1 j The condition of ill repair or lack of anain-
tenance of any real property such that the
condition is deemed unsafe or creates a
health, sanitation, or safety hazard, in-
cluding, but not limited to, t11e harboring
of rats, snakes and other vermin or the
^'l;ditor's cote-Ord. No. 2008-15, § 3, adopted Oct. 23,
2008, repealed the former Art. IV, §§ 14-79-14-83, and
enacted a new article as set out herein. The former Art. IV
pertained. to weeds anal brush and derived from §§ 44-I1-
44-15 ot'the 1970 Code.
§ 14-81
pooling of water that may serve as breed-
ing grounds for insects and other disease
vectors;
(2 j The growth of weeds, grass, or other sim-
ilar ground cover which exceeds twelve
(12) inches in height for an improved lot
and eighteen t18) inches in height far a
vacant lot, or the uncontrolled growth of
vegetation which fails to present a healthy
appearance; or
(3) The presence, accumulation, storage, or
otherwise keeping of debris or any aban-
doned, discarded, or unused personal prop-
erty when not completely enclosed in a
structure and visible at ground level from
adjoiiung properties or public rights-of-
way.
(Ord. No. 2008-15, § 3, 10-23-08)
See. 14-81. Notice of public nuisance; right
to request hearing.
(a) Authorized agents and employees of the
village's camznunity development department, in
addition to code inspectors and law en#orcexnent
officers, are empowered to enter upon and inspect
properties within the village on which a public
nuisance is suspected to exist. All such persons
shall be immune from prosecution, civil or crimi-
nal, for reasonable, goad faith entry upon prop-
erty within the village while discharging the
duties outlined in this article.
(b) The village's commLUlity development di-
rector or designee is hereby authorized and di-
rected to xxotify in writing the owner of any
property upon which a public nuisance exists, as
specified in section 14-80 above. The notice shall
detail the nature of the public nuisance, the
method(sj of correction, and the date by which
coz-rective action must be completed, which shall
be at least ten (10} days froze the date of the
notice. The notice shall further advise the prop-
erty owner of the a~ight to request a hearing as
specified below, and that the failure to abate the
nuisance will result in the village taking correc-
tive action and the assessment of costs and. i.xnpo-
sition of a lien against the property.
Supp. No. 43 893
§ 14-81
NORTH PALM L'EACII CODE
(c) The notice shall be sent to the owner of the
property by certified mail, return receipt re-
quested, at the address(es) maintained by the
county property owner and tax collector and shall
be posted on the px~aperty.
(d) Prior to the date specified for corrective
action in the notice, the property owner may
make a written request to the community devel-
opment director far a hearing before the village
code enforcement board to show that the condi-
tion alleged in the notice does not exist or does not
create a public nuisance. The code enforcement
board shall conduct a hearing as soon as practi-
cable after the receipt of such request. The prop-
erty owner shall be notified of the hearing in the
manner set forth in section 2-181 of this Code.
(Ord. No. 2008-15, § 3, 10-23-08)
Sec. 14-$2, Abatement of public nuisance.
if zxo hearing has been requested and the
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 z°uled 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. 20(}8-15, § 3, 10-23-08)
Sec, 14-$3. Assessment of costs and imposi-
tion of lien.
(a) When the trillage has abated or contracted
for the abatement of a public nuisance as autho-
rized by this article, the village community devel-
opment director ar 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 proper~y owner fifteen (15) days from
the date of hailing in which to pay the assess-
ment.
(bj Should the property owner fail to pay the
assessment, the village shall record the assess-
ment in the public records, and the recording of
the assessment shaIl create and constitute a lien
against such property far the amount of the
assessment, payable to the village.
(c) The assessment shall bear interest at the
current legal rate of interest per annum as pro-
vided by law and shall constitute a Iien upon the
land fioxn the date of the assessment. Lien assess-
ments may be enforced by civil action in the
appropriate court of competent jurisdiction. The
lien created shall be a first lien, equal to a lien for
nonpayment of property taxes, on any property
against which an assessment for casts to abate a
nuisance has been recorded. The lien shall con-
tinue in full force until discharged by payment ar
otherwise or until settled and released by the
community development director or the village
manager.
(ord. No, 2008-15, § 3, 10-23-08)
[The next page is 9451
Supp. No. 43 $94
HOUSING
ARTICLE I. IN GENERAL
Sec. 15.1. Hm~s~ng cede-Adu1?ted by refer-
ence,
The Village Council of the Village of North
Palm Beach, Floz-ida, does hereby adapt by refer-
ence the Standard Housing Code, 1997 Edition, of
the Southern Building Code Congress Interna-
tional, Inc., as the housing code for the village.
There have been fox at least ten (10) days last
past and shall be during the time that this code is
in effect, three (3) copies of such code and recom-
mended amendments kept available for public
use, inspection and examination.
(Code 1970,~~' 19.3-11; 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. 8-83, § 1, 8-25-83; Ord. No.
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, S 2,
9-13-01)
Cross references---llestrictions on living aboard house-
boats, § 5-15; building, gas, mechanical and plumbing codes
adopted, § 6-16; electrical code adapted § 11-11; fire prevention
code adopted § 12-16.
Sec. 15-2. Same-Amendments.
The fallowing amendments and additions are
hereby made to the housing code adapted by
section 15-1 of'this code:
102.1 Enfofcement Officer:
There is hereby established by the applica-
ble governing body provisions for the enforce-
ment of this code by the housing official. The
director of communty development shall serve
as the housing official.
106.1 Appointment.
There is hereby established a board to be
called the housing board of adjustments and
appeals. The board shall be appointed by the
village council. The construction board of ad-
justments and appeals established by Chapter
6 of the village Code shall act as the housing
board of adjustments and appeals.
b'ectian 167. Appeal.
Any person receiving written notice from the
housing official of deficiencies in his property
under this Code may within thirty (30) days
§ 15-2
following the date of such notice enter an
appeal in writing to the housing board of ad-
justments and appeals. Such appeal shall state
the location of the property, the date of the
notice of violations, and the number of such
notice. The appellant must state the variance
or modification requested, the reasons therefor,
and the hardship ar conditions upon which the
appeal is made. Appeals shall be on forms
provided by the department of community de-
velopment, and shall be accompanied by a
filing fee of one hundred fifty dollars ($150,00).
Section 202. Def'initivns
The definitions for "dwelling" and "'family"
contained within section 202, Defizutians, are
hereby amended to read. as follows:
Dwelli~ag is any building or structure de-
signed exclusively for residential occupancy. A
dwelling may be designed for one-family, two-
family or multiple-family occupancy, but not
including hotels, clubs, motels, boarding ar
lodging houses or house trailers whether such
trailers be mobile or located in stationary fash-
ion as when on blocks or other fozmdation.
Family shall mean one or snore persons
living in the same single or multiple family
dwelling unit, all of whom are related by blood,
marriage or adoption, or a group of persons all
of wham are nat so related which does not
exceed two (2) unrelated persons in number.
This term shall not include the occupants of a
rooming or boarding house, group liomelcongre-
gate Living facility or ather similar use with
shared cooping or sanitary facilities.
305.15. Accessory Structures.
Garages, storage buildings, docks, piers, boat
hoists, dolphin poles, bulkheads, swimming
pools and the watexs therein, screen enclo-
sures, fences, walls, driveways, sidewalks, an-
tennas and all other accessory structures shall
be maintained and kept in good repair and
sound structural candition. All sections of this
code are applicable as determined by the build-
ing official subject to standard appeal as out-
lined in section 107.
Supp. No. 41 947
§ 1v-2
.307.4. Ca~•e of Premises.
NO1ZfiH PALM BEACH CODE
It shall be unlawful for the owner or occu-
pant of a residential building, structure or
property to utilize the premises of such resi-
dential property for the open storage of any
abandoned motor vehicle, abandoned boat, aban-
doned trailer, ice box, refrigerator, stove, glass,
building material, building rubbish or similar
items. It shall be the duty and responsibility of
every owner ax occupant to keep the premises
of such residential property clean and to re-
move from the premises all such abandoned
items listed above.
Landscaping.
The entire yard where exposed to public view
must be landscaped. Play areas, flowerbeds, drive-
ways, walks, etc., not intended to have vegetative
cover should be clearly defined and maintained
free of uncultivated growth.
Landscaping shall be maintained so as to present
a healthy, neat and orderly appearance at least
equal to the original installation and shall be
mowed or trimmed in a manner and at a fre-
quency so as not to detract from the appearance of
the general area. Any grass and brush growing in
excess of nine (,9) inches in height, dead trees,
trash and garbage shall be removed from the
premises. Landscaping shall be maintained to
minimize property damage and public hazards,
including the removal of low hanging branches
over sidewalks and paved areas and those ob-
structing street lighting and traffic control signs.
Landscaping shall be kept free of visible signs of
insects and disease and appropriately irrigated
and fertilized to enable landscaping to be in a
healthy condition.
All roadways, curbs and sidewalks shall be edged
to prevent encroachment fiom the adjacent turf
areas.
Buildings, Stf•uctures
The exterior of all premises and every structure
thereon where exposed to public view, shall be
maintained in a condition that shall not show
evidence of deterioration. All screened enclosures
shall be properly fitted and maintained. All sur-
faces shall be maintained free of weathering,
discoloration, ripping, tearing or other holes ar
breaks, broken glass, crumbling stone, brick or
stucco or other conditions reflective of deteriora-
tion or inadequate maintenance.
All building exterior wall surfaces shall be kept
free of faded or chipped paint and shall be main-
tained in repair and condition to prevent deterio-
ration, and must be repainted, recovered or cleaned
when twenty-five {25j percent or more of any
exposed surface becomes discolored ox is peeling.
All off-street parking spaces and driveways shall
be asphalt, concrete, block, stone, brick or similar
smooth durable surface or dtu•able surface as
approved by the community development direc-
tor.
All off-street parking and driveways shall be kept
in good repair and sound structural condition.
Asphalt, concrete, and brick paver surfaces shall
not show signs of excessive surface deterioration,
such as potholes and substantial cracks. All drive-
ways shall be free of errant vegetation. Stone
surface driveways shall be maintained in a neat
appearance and bordered. Stone material shall be
so maintained as to not spread onto public streets
and sidewalks.
3U8.1 Compliance Exceptions.
No person shall operate a rooming house, or
shall occupy or let to another for occupancy any
rooming unit in any rooming house, except in
compliance with the provisions of every section
of this Cade except the provisions of 301 and
302.
101.3.4. All residential properties, buildings
and structures annexed into the Village shall
comply, upon annexation, with the regturements
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 {24j 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-'T7; 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. 2'7-2001, § 3, 9-13-O1; Ord. No.
23-2003, §§ 1, 2, 9-11-03; Ord. No. 2006-24, § 2.F,
11-9-06)
Supp. No. 41 948
APPPNDIX C-'I.ONING
ARTICLE I. IN GENERAL
Sec. 45-i. Short title.
The provisions embraced within this ordinance
shall be known as the "zoning code" and may be so
cited.
Sec. 45-2. Definitions.
For the purpose of this ordinance, certain words
and terms are defined as follows:
Accesso~ y use is a use customarily incident and
accessory to the principal use of land or building
located an th.e same lot.
Accessory building shall include a building
customarily incident and accessory to the princi-
pal use of land or building located on the same lot.
In the R-1 residential dwelling district, accessory
baildings shall be limited to an open-air pavilion
and an automobile garage. In the R-2 dwelling
district, an accessory building shall be limited to
an automobile garage.
Adult entertainment. Adult entertainment means
any ad~rlt arcade, adult theater, adult booth, adult
bookstore/adult video stare, adult motel or adult
dancing establishment as defined in Ordinance
No. 88-31, Palm Beach County Adult Entertain-
ment Code; or any establishment or business
operated for commercial gain where any em-
ployee, operator ar owner exposes his/her speci-
fied anatomical area far viewing by patrons, in-
cludingbut not limited to: massage establishments
whether or not licensed pursuant to Chapter 480,
Florida Statutes, tanning salon, modeling studio,
ax lingerie studio.
Antenna is a transmitting or receiving device
used in communications that radiates or captures
electromagnetic waves, digital signals, analog sig-
nals, radio frequencies (excluding radar signals),
wireless telecommunications sigzzals or other com-
munication signals. {See antenr2a tower for appli-
cable regulations}.
Antenna tower is a guyed, monopole or self-
supporting structure, whether free standing or
attached to another structure, containing one or
mare antennas intended for transmitting or re-
§ 45-2
ceiving television, AM/FM radio, digital, micro-
wave, cellular, telephone or similar form of elec-
tronic communication.
Antiques: Objects of aza. earlier period such as
furniture, jewelry, stamps, coins, miniaturized
replicas, works of art, or other decorative articles
that are collected primarily because of their age,
history, or expectation of increasing value.
Child care facility means a licensed facility
with more than five (5) children that are unre-
lated to the operator of the facility and which
complies with F.S. chapter 402.
Community residential home, as defined in F.S.
chapter 419, means a dwelling unit licensed to
serve clients of the department of health and
rehabilitative services, which provides a living
environment for seven (7) to fourteen (14} unre-
lated residents who operate as the functional
.equivalent of a family, including such supervision
and care by supportive staff as may be necessary
to meet the physical, emotional, and social needs
of the residents.
Decoratioe past structure is the support base far
a light fixture and shall comply with the following
requirements:
(1 j The installation of a decorative post struc-
ture shall comply with all village build-
ing, electrical and zoning codes.
(2} Free standing.
(3) Conform with the architectural design of
the main building veneer.
{4) May be located within. the main building
setback areas.
(5) Not more than two (2) decorative past
structures per driveway entrance and not
more than faun (4) decorative post struc-
tures per lot.
(6) Not more than thirty (30) inches in width
and depth andlar. diameter.
(7} Not less than eighteen f 18}inches setback
from any lot line.
{8) Not mare than thirty six (36) inches in
height without a fixture. Exception: Not
more than seventy-two (72) inches in height
without a fixture when setback a mini-
Sapp. No. 41 2481
§ 45-2
N01ZTH PALM BEACH CODE
ratan of thirty-five (35) feet from any side
lot line or rear lot line on corner lots and
not less than thirty-six (36) inches from
any public right-of--way.
Detached fence storage area is a storage area
attached to a fence erected on the property line in
conformance with fence requirements of the North
Palm Beach Code. Such storage area shall not
exceed three (3) feet in depth nor be longer or
higher than the fence to which it is attached. Said
storage area shall be constructed of the same
material, design and color as the fence to which it
is attached and the fence and storage area shall
be constructed of opaque materials which prop-
erly screen the interior of the storage area from
the view of the adjacent property owners. De-
tached fence storage areas shall not be erected
closer to the street than the adjacent front wall of
the main building. No such storage area shall be
erected unless its construction conforms to village
ordinances.
Drug store is a store engaged in the sale of
prescription drugs and other items not necessar-
ily related to pharmaceuticals.
DweZZing is any building or structure designed
exclusively for residential occupancy. A dwelling
may be designed for one-family, two-family or
multiple-family occupancy, but not including ho-
tels, clubs, motels, boarding or lodging houses or
house trailers whethex such trailers be mobile or
located in stationary fashion as when an blocks or
other foundation.
DweZZing unit is a single unit providing com-
plete, independent living facilities for one f 1} or
more persons including pezrnanent provisions for
living, sleeping, eating, cooking and sanitation.
Family shall mean one or more persons living
in the same single or multiple family dwelling
trait, all of whom are related by blood, marriage or
adoption, or a group of persons all of whom are
nat so related which does not exceed two (2)
unrelated persons in ntunber. This term shall not
include the occupants of a rooming or boarding
house, group home/congregate living facility or
other similar use with shat e cooking or sanitary
facilities.
Family day care home is an occupied residence
in which child care is regularly provided for five
(5) or fewer preschool children from more than
one unrelated family and which receives a pay-
ment, fee ar grant fox any of the children receiving
care, whether or not operated for profit. The
maximum five (5) preschool children shall include
preschool children living in the home and pre-
school children received for day care and not
related to the resident caregiver. Elementary school
siblings of the preschool children receiving day
care may also receive day care outside of school
hours provided the total number of children,
including the caregiver's awn and those related to
the caregiver, does not exceed ten {lOj.
Floor area is all usable floor space within the
exterior walls of a structure.
Front, side and ~°ear• line of a building shall be
deemed and construed to include both the main
portion of such structure and all projections there-
from, including any garage, carport or an ex-
tended roof beyond the normal cave or cornice
forming a cover or roof over an entrance to such
dwelling. Any awnings or shutters supported by
vertical posts, columns or pipes shall also consti-
tute the building Iine. The buulding line shall not
include the eaves of such structures nor any open
terraces, stoops, steps, or planting boxes which do
not extend more than four (4) feet above the level
of the yard grade.
Exception. Cantilevered canvas awnings may ex-
tend no anare than eight (8) feet into the requil•ed
front, side or rear setback and shall be set back
two (2) feet from the side property line.
Front yard is that area between the front
builduig line and the front line of the lot, and
extending from one (1) side line to the other.
LatnP post is a free standing structure that is
not more than four (4} inches in width and depth
andlor diameter and not more than eighty-fow-
(84) inches in height. The installation of a lamp
post shall comply with all village building, elec-
trical and zoning codes. A lamp post may be
installed within the main building setback area.
Lining area is that area within any dwelling or
rooming unit, measured between the inner sides
of the exterior walls, made usable far human
Sapp. No. 41 2482
APPENDIX C-zONING
habitation, with the following exceptions: Any
utility room ox storage space that is not accessible
Pram within the principal structure; all common
corridors, hallways ar exits provided fax access or
vertical travel between stories of apartments of
multifamily units.
Lot is a parcel of land occupied or to be occupied.
by one (1) main building and its accessory build-
ings with such open and parking spaces as are
required by the provisions of this ordinance, and
having its principal frontage upon a street.
Lot of record is a part of the land subdivision,
the map of which has been recorded in the office of
the clerk of the court of Palm Peach County,
Florida.
Mirxed-use commercial, means a combination of
retail commercial and non-retail commercial busi-
nesses where non-retail tenants comprise fifty
(50) percent or more of the grass Hoax area. A.ny
combination of retail and non-retail businesses
where the retail component comprises fifty (50j
percent ar more of the gross floor area shall be
classified as a retail commercial facility.
Mobile Name park means a residential tenancy
in which a mobile home is placed upon a rented or
leased lot in a park in which ten (10) or more lots
are offered for rent or lease,
Motel is a group of two {2) or more attached,
detached, or semidetached buildings containing
guest rooms or apartments with automobile stor-
age or parking space provided in comiectian there-
with, designed and used primarily by automobile
transients.
Non-retail commercial means any business clas-
sified as other than "retail trade" using the Stan-
dard Industrial Code (S.LCJ System, provided
that such business is permitted by the Village
Code of Ordinances.
Occupied shall be deemed to include the words
"arranged," "deSlgned" 01' "2ntended t0 be 000Ll-
pied."
Open-air pavilion means a detached ancillary
structure, open on all sides, with a partial to full
roof covering of some type used for recreation,
entertaiiunent, contemplation or meditation ptu-
§ 45-`L
poses. This definition shall include all types of
chiekee or tiki huts, pergolas, gazebos, and other
pavilion-type structures.
Pharmacy is an establishment engaged in the
preparation of prescription drugs and the sale of
drugs, prosthetic supplies, surgical instruments
and supplies, and sale and/or ~°ental of aids far
invalids.
Rear yard is that area between the rear build-
ing line and the rear lot line, and extending from
one (1) side line to the other. On all Tats the rear
yard shall be in the rear of the front yard facing
the street.
Resident of a community r°esidential home means
any of the following: an aged person as defined in
F.S. chapter 400; a physically disabled or handi-
capped person as defined in F.S. chapter 760; a
developmentally disabled person as defined in
F.S. chapter 393; a nondangerous mentally ill
person as defined in F.S. chapter 394; ar a child as
defined in F.S, chapter 39. Residents, as defined
in F.S. chapters 400, 760, 393 and 394, shall not
reside in the same community residential Name
as a child as defined in F.S. chapter 39.
Retail commercial means any business classi-
fied- as a "retail trade" establishment using the
Standard Industrial Code (S.I.C.} System, pro-
vided that such business is permitted by the
Village Cade of Ordinances.
Satellite television antenna is an apparatus
capable of receiving communications from a trans-
mitter or a transmitter relay located in planetary
orbit. Usable sateIlite signal is a signal which,
when viewed on a conventional television set, is
at least equal in picture quality to that received
from local commercial television stations or by
way of cable television. Satellite dish antennas
may be erected as an accessory structure in R-1
and R-2 zoning districts, subject to the fallowing
restrictions:
{I} The satellite television antenna shall be
mounted on the ground only, and shall be
located only in the rear yard of any lat.
The satellite television antenna shall be
placed so that there shall be a rear and
Supp. No. 41 2483
45-2
NORTH PALM REAG~-I GORE
side yard of not less than five t5) feet, or if
a corner lot, a side street yard of not less
than twenty (20) feet.
(2) Such antenna shall not exceed fifteen (15)
feet in height, including any platform or
structure upon which said antenna is
mounted or affixed. Such antenna may
not exceed fifteen (15} feet in diameter.
(3) Installation of a satellite television an-
tenna shall comply with the village build-
ing codes, electrical codes, zoning codes
and other village codes that may apply
thereto.
(4) Plot more than one (1) satellite television
antenna shall be allowed on any lot.
(5) Satellite television antennas shall meet
all manufacturer specifications, be of non-
combustible and corrosive-resistant mate-
rial, and be erected i.n a secLLre, wind-
resistant manner. Every such antenna
must be adequately grounded for protec-
tion against a direct strike of lightning.
(6) Satellite television antenna shall be
screened from all adjoining private pxop-
erty by an opaque fence, an opaque wall
or by natural landscape planting so planted
as to provide maximum opacity that is a
minimum of six (6) feet in height from
grade.
Setback means the distance measured from a
side, rear and front lot line or from the currently
designated ultimate right-of--way line (i.e., fed-
eral, state, county and village) to the closest point
within the Iat that may be occupied by a building
or an accessary structure. Front setbacks shall be
based on the platted front line of the property or
on the ultimate right-of--way line as determined
by the village.
.Side ya~•d is that area between the side build-
ing line and the side line of the lot and extending
from the front building line to the rear building
line.
Story is that portion of a building between the
surface of any Hoar and the surface of the floor
next above it, ar, if there be no floor above it, then
the space between any floor and the ceiling next
above it.
,street is any public ox' private thoroLrghfare
which affords the principal means of access to
abutting property. It may be designated on the
map as a street, avenue, boulevard, drive, place,
court, road, terrace, way, circle, lane, walk, path
or otherwise.
Time-share unit is a dwelling unit in which the
right of use or occupancy circulates among vari-
ous persons far specific periods of time less than
one (1) year in accordance with a fixed time
schedule.
Traditional chickee but means a type of chickee
but that consists solely of an open-sided wooden
but with a thatched roof of palm or palmetto or
other traditional materials constructed by the
Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida and that does not ineor-
porate any electrical, plumbing or other non-wood
features.
23•ansient commercial means any one, or a
combination of the following businesses oriented
to serving either village residents ar the motoring
public (i.e. in transit through or visiting the area);
(1) the sale of fuel, convenience goods and/or
minor vehicular repair services; (2} hotel and/or
motel accommodations; (3j restaurant facilities;
(4) florist, tobacco store and stand, and hobbies,
toys and games.
Used shall be deemed to include the wards
"arranged", "designed" or "intended to be used."
Yard is the open space on the same lot with the
main building, unoccupied and unobstructed from
the ground upward.
Xeriscape means a method of water canserva-
tiongained through the utilization of trees, shrubs,
vines, plants, groundcover and turf grasses which
are drought tolerant. The implementation of ap-
propriate planning and design, use of soil amend-
ments, efficient irrigation, practical turf grass,
use of draught tolerant plants, mulches and ap-
$upp. No. 41 2484
AI'YL+'NDIX C-CONING
propriate maintenance results in reduced water
consumption but still provides a very wide range
of attractive landscaping alternatives.
(Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82; Ord.
No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1, 6-28-90;
Ord. No. 21-90, § 1, 6-28-90; Ord. No. 23-90, § 1,
6-28-90; Ord. No. 10-95, § 1, 3-23-95; Ord. No.
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,
3-8-01; Ord. No. 26-2001, § 1, 8-23-01; Ord. No.
2009-04, § 2, 4-23-09)
Cross reference-Definitions for Cade in general, § 1-2.
Sec. 45-3. Interpretation of previsions.
In interpreting and applying the provisions of
this ordinance, they shall be held to be the mini-
mumrequirements for the promotion of the public
health, safety, morals and general welfare of the
community.
Sec. 45-4. Conflict of provisions.
(1} It is not intended by this ordinance to
interfere with or abrogate or annul any ease-
ments, covenants or other agreements between
parties.
(2) That where this ordinance imposes a greater
restriction upon the use of buildings or premises,
or upon the height of buildings, or requires larger
open spaces than are imposed or required by
other ordinances, rules, regulations ar by ease-
ments, covenants, ar agreements, the provisions
of this ordinance shall control.
Sec. 45-5. Changes and amendments.
The village council may, from time to time, on
its own motion or on petition, aanend, supple-
ment, change, modify ar repeal by ordinance the
boundaries or districts or regulations or restric-
tions herein established, after public hearing.
Sec. 45-6. Penalty for violation of provi-
sions.
Any person who shall violate any of the provi-
sions of this ordinance or fail to comply therewith
or with any of the requirements thereof, or who
shall. build or alter any building in violation of any
detailed statement ar plan submitted and ap-
procred theretmder, upon conviction thereof shall
§ 45-1G
be punished as provided in section 1-8 [of the
village Code], and each day such violation shall be
permitted to exist shall constitute a separate
offense. The owner or owners of any buildings or
premises or part thereof, where anything in vio-
lation of this ordinance shall be placed, or shall
exist, and any architect, builder, contractor, agent,
person or corporation employed in connection
therewith shall each be guilty of a separate of-
fense and upon conviction thexeaf shall be pun-
ished as provided in section 1-8.
Secs. 4~-7-45-15. Reserved.
ARTICLE II. GENERALLY
Sec. 45-16. Division of village into districts;
districts enumerated.
In order to classify, regulate and restrict the
uses of land and buildings, the height and bulk of
buildings, the amount of open spaces about build-
ings, intensity of land use, the Village of North
Palm Beach, Florida is divided into twelve (12)
zoning districts, as follows;
R-1 Single-family dwelling district
R-2 Multiple-family dwelling district
R-3 Apartment dwelling district
C-A Commercial district
G-1A Limited commercial district
CB Commercial district
C-1 Neighborhood commercial district
C-2 Automotive commercial district
C-3 Regional business district
P Public district
C-OS Conservation and open space
CC Transitional commercial district
In the creation of this ordinance of'the respec-
tive districts, the village council has given due
and careful consideration to the peculiar suitabil-
ity of each district for the particular uses and
regulations applied thereto and to the densities of
population, all in accordance with the comprehen-
sive development plan of the village.
(Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1,
9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No.
1-95, § 1, 3-23-95; Ord. No. 33-97, ~ 1, 7-10-97)
supp. No. 41 2485
45-16.1
Sec. 45-16.1. Similar uses.
NORTH PALM BEACH CODE
{a} A use within a commercial zoning district
not specifically listed as a permitted use, but
possessing characteristics similar to a permitted
use, may be established upon written application
to the community development director for a
special use permit.
tb) In evaluating an application for a special
use permit for the establishment of a similar use,
the community development director shall, in
consultation with other village departments, con-
sider the characteristics of the proposed use,
including, but not limited to, size, intensity, den-
sity, operating hours, demands far public facili-
ties, traffic impacts and business practices.
(c) Upon review and evaluation of the applica-
tion, the community development director shall
present his ar her recommendation to the village
council for final consideration on the next avail-
able council agenda.
(d) The village council shall conduct a public
hearing on the application for special use permit
and determine whether the application meets the
criteria set forth in subsection {b) above. The
Grillage council shall grant or deny the application
by written order.
(e) In granting a special use permit, the village
council may impose conditions necessary to en-
sure that the proposed use:
(1) Is compatible with the existing or planned
character of the neighborhood in which it
would be located;
(2) Will not have an adverse impact upon
adjacent properties; and
(3) Will not interfere with the use of adjacent
properties.
Such conditions may include restrictions on the
size and operating hours of the proposed use.
(f) If the conditions imposed by the special use
permit are not met, the community development
director may revoke the permit. A permit holder
may appeal the revocation of a special use pez•mit
by filing an appeal, in writing, to the Zoning
Board of Adjustment within thirty (30) days of
receipt of written notice of revocation.
{Ord. Na. 2007-16, § 2, 10-25-07)
Sec. 45-17. Official zoning map.
{1) Adopted by ~°eference. The aforesaid dis-
tricts and the boundaries thereof are as shown
upon the 'official zoning map" which, together
with all explanatory matter thereon, is hereby
adopted by reference and declared to be part of
this ordinance as if the information set forth on
the map was all fully described and set out
herein.
(2} Identification. The official zoning map shall
be identified by the signature of the mayor at-
tested by the village clerk, and bearing the seal of
the village tinder the following words: "This is to
certify that this is the official zoning map referred
to in section 3 of Ordinance No. 20 of the Village
of North Palm Beach, Florida, as amended," to-
gether with the date of the adoption of this
ordinance.
(3) Changes.
(a} If, in accordance with the provisions of
this ordinance changes are made in dis-
trict boundaries or other matter por-
trayed on the official zoning map, such
changes shall be ente~•ed an a new official
zoning map promptly after the amend-
ment has been approved by the Village
Council. The new official zoning map shaIl
be adopted in accordance with provisions
set forth in Section 45-17(5).
(b) No changes of any nature shall be made in
the official zoning map ar matter shown
thereon except in conformity with the
procedures set forth in subsection (3){a).
Any unauthorized change of whatever kind
or any failure to make a change when
directed by ordinance by any person or
persons shall be considered a violation of
this ordinance and punishable as pro-
vided under section 45-6 of this ordi-
nance.
Sapp. PTO. 41 2486
APPENDIX C-ZONING
exceeds four (4) stories or sixty (60) feet
where any portion of said building or of
the property upon which it is located is
within five htin d_red feet of any _R,-1, Singl e-
family dwelling district.
B. Swimming pools shall be set back at least
seven and one-half {7~/2) feet from the
back property line measured from the rim
of the pool and not Iess than five (5} feet
from the side property line including the
two-and-one-half-foot walk around the pool.
The highest projection of the swimming
pool shall not exceed two (2) feet. Outdoor
fireplaces not exceeding six (6) feet in
height may be erected and maintained,
said structure, however, shall not be erected
within five (5) feet of any rear lot line.
(a) Swimming pools maybe enclosed by
screening provided same are not
erected closer than five (5) feet from
the side and rear yard lines.
(b) No swimming pool shall be located
in the area lying between the front
property line and the front building
Iine in the R-1 and R-2 zoning dis-
tricts.
C. Detached garages not more than one (1)
story in height may be erected and main-
tained within seven and one-half {7i/z)
feet of the rear line of any such lot.
D. Walls and fences built within the area
between the property line and the build-
ing setback line shall not exceed six (6)
feet in height; provided, however, that no
walls ar fences may be erected between
the front yard setback and the street line,
nor may walls or fences exceed four (4)
feet in height for a distance of forty (40)
feet from any body of water located within
the village. On corner lots, walls or fences
shall not exceed four (4) feet in height
within the area between the side line of
the lot which :fronts on a street, and the
front building setback line extended of the
adjacent side street lot. On all building
permits for walls or fences greater than
four (4} feet in height that are to be
located outside building setback lines, there
§ 45-36
shall be a prominent notice that a village
building permit in no way offsets the deed
covenants, and that the applicant should
also check the deed covenants to protect
himself.
E. In the event one (1) lot, or portion thereof,
and the whole or a portion of a contiguous
lot, all in one (1) ownership, shall be used
as one (1) building site for one (1) resi-
dence building, and its appurtenant out-
buildings permitted by this ordinance,
then while so owned and used the side
lines and rear line of such site shall be
deemed to be the side and rear lot lines of
such sites.
F. No business, .professional, or commercial
activity shall be conducted upon any por-
tion of real property zoned R-1 single-
family dwelling district, R-2 multiple-
family dwelling district and R-3 apartment
dwelling district ar within any dwelling
thereon or upon a dock, pier or other
waterside structure appurtenant thereto
and attached to such real property, other
than as provided by section 17-2.
G. In all multifamily residential buildings
two (2) stories or greater in height, and in
all commercial buildings aver four (4) sto-
ries in height, which are not equipped
with elevators provided with standby emer-
gency ,power and having minimum cab
dimensions which will permit the use of
the elevator cab by normal size emer-
gency ambulance stretchers, and in all
commercial buildings two (2) stories to
four (4) stories in height which are not
equipped with elevators having minimum
cab dimensions which will permit the use
of the elevator cab by normal size emer-
gency stretchers, there shall be a mini-
mum of one (1) access stairway serving
every story. Such stairway shall have the
following minimum dimensions:
(1) Minimum width of stairway to be
five (5) feet.
(2) Minimum dimensions of all landings
to be ten (10) feet by six (6) feet, six
(6) inches.
Supp. No. 3a 2511
§ 45-36 NORTH PALM BEACH CODE
~f .
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 £ 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 ar
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, ~. 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. loge of North Palm Beach, including zan-
J. Whenever, by this ordinance, off-street ing districts R-1, R-2A, R-3, C-A, C-1A,
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) can- /
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
for such permit.
c. Such ofd street parking area is paved
with an asphaltic or concrete surfac- L. No gasoline or ail 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-
tal, school or other similar institution
d. Such off-street parking area is so where large numbers of pedestrians con-
constructed, graded and surfaced as gregate, nor within five hundred (500)
to prevent surface water from drain- feet of the location in said village of an-
ing onto public right-of--way, or on other gasoline or oil filling station ar
adjoining properties, the outlets for service station. No church, hospital, school
such surface waters to be connected or similar institution where large num-
directly or indirectly to storm sewer hers of pedestrians congregate shall la-
conduitsterminating in existing pub- cote or operate within five hundred (500)
licly controlled waterways or in other feet of any gasoline or oiI filling station or
seepage areas approved by the build- service station.
ing department. The method of measurement that shall
e. Such off-street parking areas shall apply in such cases shall be by measure-
be used for vehicular traffic only, ment of the airline distance made or taken
with no sales, dead storage, repair
Supp. No. 30 2512
APPEND]X C-ZONING
from the nearest boundary of the tat or
premises of a gasoline or oil filling station
or service station to the nearest boundary
of the lot or premises of a church, hospi-
tal, school ar other similar institution.
M. Building height regulations.
(1) Within the area of the Village of
North Palm Beach which lies north
of the Intracoastal Waterway and
west of U.S. Highway Na.1, no build-
ing or structure shall exceed sixteen
(16) stories or one hundred sixty
(I60) feet.
(2) Within the area of the Village of
North Palm Beach which lies north
of the Intracoastal Waterway and
east of U.S. Highway No. 1, no build-
ing or structure shall exceed twenty-
two (22) stories or two hundred
twenty (220) feet.
(3) Within the area of the Village of
North Palm Beach which lies south
of the Intracoastal Waterway and
east of U.S. Highway No. 1, no build-
ing or structure shall exceed four (4)
stories or forty (40) feet.
(4) Within the area of the Village of
North Palm Beach which lies south
and west of the Intracoastal Water-
way and west of U.S. Highway No. 1,
no building or structure shall exceed
four (4) stories or forty (40) feet.
N. Location of business for retail sales of
alcoholic beverages.
(1) No licensed retail sales of alcoholic
beverages shall be carried on where
the proposed place of business is
within one thousand (1,000) feet of a
church, public or private school, hos-
pital, park or playground, ar a place
of business of another licensed retail
seller of alcoholic beverages; pro-
vided further, that no licensed retail
sales of alcoholic beverages shall be
carried on in the C-3, Regional Busi-
ness District, where the proposed
place of business is within five hun-
§ 45-36
dred (500) feet of a church, syna-
gogue, temple or other place of wor-
ship.
(2) The measurement provided above for
one thousand (1,000) feet shall be
made or taken from the main front
entrance or entrances of such church,
public or private school, hospital,
park or playground, or a place of
business of another licensed retail
seller of alcoholic beverages, to the
main front entrance of the applicant's
proposed place of business along the
route of ordinary pedestrian traffic.
(3) The restrictions of section 45-36N.(1}
shall not apply to the sale of beer, ale
or wine at retail, not to be consumed
on the premises.
(4) The restrictions of section 45-36N.(1}
shall not apply to any bona fide
restaurant operating under a Flor-
ida 4-GOP-SRX license as a restau-
rant with full kitchen facilities, and
fifty-one (51) percent ar more of the
gross sales are derived from the sale
of food and non-alcoholic beverages.
Alcoholic beverages are to be served
only when the restaurant is open for
the sale and service of food; pro-
vided, however that the provisions of
this subparagraph (4) shall not per-
mit alicense to be issued to a res-
taurant that sells alcoholic bever-
ages within one thousand (1,000)
feet of a church, public or private
school, hospital, public park or pub-
lic playground.
(5) Nothing in section 45-36N.(1) shall
prohibit the conduct of licensed re-
tailsales of alcoholic beverages within
one thousand (1,000) feet of the North
Falm Beach Country Glub.
(6) Churches, public and private schools,
hospitals, parks, playgrounds and
places of business of another li-
censed retail seller of alcoholic bev-
erages shall not have the right to
locate and operate within one thou-
Supp. No. 23 2512.1
§ 45-36
NORTH PALM BEACH CODE
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-
O. Xeriscape landscaping practices. Proper- vided an the same site as the
ties within all zoning districts axe 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 an the ing.
latest published South Florida Water Man- e. No outdoor seating shall be per-
agement District xeriscape manual. witted for adult entertainment
P. Maximum floor-area ratio. Maximum gross establishments.
floor area ratios for commercial develop- (2) Permitting process. An applicant for
went within the area of the village de- approval of outdoor seating shall in-
fined by PGA Boulevard on the north, elude 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- went 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-
be permitted as an accessary use to a ing outdoor seating shall include the
building in which a food service es- following, in addition to and not in
tablishment is operated, provided place of anything else which may
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-
which is inside the building. ing for which outdoor seating
will be an accessory use; the
b. The outdoor seating is located location of the fold 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
c. The outdoor seating can be ac- of any sidewalks or other pedes-
commodated without impeding trian walkways ar passageways
the access of the general public, which are adjacent to or will.be
including persons with disabil- affected by the outdoor seating;
ities, to the portion of the food and the location of all existing
service establishment which is or additional parking for such
located inside the building, or building.
to any other commercial busi- b. A copy of the written consent of
ness or other use. any person or business who
Supp. No. 23 2512.2
eaS'.f?faNDIX. C".--'LQN'fNG
other than the applicant owes
or leases any property, inchid-
ing any sidewalk or other pub-
lic .passageway, upon [which]
the outdoor seating wozxl.d be
located.
c. I'lxotographs, renclerinl;Fs, or
samples showing' the style anal
color of rill furnishings, f'ezxei.ng,
screening', or• dividing' material
to be used far or in conjuzxetion
with the outdoor seating.
tai f'on_Ii.tinra.s of r~it-#clcu~r sentirc~F. Out.
door ;;eating slxall coin ply at al] times
with. the following conditions:
a. Outdoor seating shall be ar-
ranged, when in use, in a man-
ner that allows a pedestrian
«=all~way in compliance tivith ap-
plicable bzzildiixg codes and fire
codes.
b. Outdoor seating located onn a
pedestrian walkway which pro-
vides access to nxore than one
(1 j occupant of a builclizxg, as in
a shopping center, shall be ar-
ranged, when in use, in a xxxan-
nerthat maintains a passage of
not less tlxan five (5) fee=t in
width.
c. Outdaoi- seating of an applicant.
shall not be located on any side-
walk, passageway, or other prop-
erty adjacent to any other busi-
ness.
cl. Outclaor seating slxall not oc-
cupy any area designated for
parking.
e. Outdoor seating which is used
for the service and sale of food
o.r beverages of azxy bind within
the outdoor seating area, shall
be physically separated and vi-
sually distinct from any iznme-
diatel it acljaee.nt public passage-
way or walk«=ay by means of
azaproved fencizxg~ or screening
material. zi=hich is not less than
~~' 45-3G
tcvo (2) feet in height, by means
of one (1) ox• more planter boxes
and other plant container, by
means of some other aplaroved
divider, or any combination of
such means, but not including
tables, chairs or other seating.
Outdoor seating areas nxay only
cozxtai.zx tables, chairs, ~rmbre]-
lasand/oz• awnings and required
fencing or screening materials.
All such equipment shall be
compatible in color and style
with tlxe exterior of the build-
ing and shall not cozxtain or
have affixed to it any sign, let-
tex•ing or advertising of azxy kind.
Outdoor seating shall be main-
tained in a secure manner,
wlxezxevc;r the fixul service es-
tablishment is c]osecl to the lnzb-
lic.
li. Establishments with outdoor
seating with food and beverage
service shall meet all. health
code and other applicable code
requirements of restaurants.
i. any permanent or temporary
structures associated with. out-
door seatizag~, inchzding, but not
linxited ta, awnings and cov-
ered roofs shall not encroach
into the required building set-
back areas. Tables, chairs, um-
brellas, fencing, screening and
dividing xxxaterials shall not be
located closer to the property
line than t~vo-thirds (=%s) of'the
required front, side or -rear build-
ing setbaclE.
(~) ~,ilrtitatic~ns on use. Except far out-
door seatiix.glocated iiz an inner court:
All sales and. sert=ice of food and
beverages in an outdoor seat-
ingarea are prohibited lxetxveen
the hours of 10:30 p.zn. and
7:0() a.m., Suzaday through
`_T`hursday, and between the
Sapp. No. 33 2512.3
4Ex-3(3
i~IQR'1'I-1. I'A1;M 13.liACf~I CC7DL
hours of 11:00 p.m. and 7:00
a.m., Friday through. Saturday.
Outdoor seating areas shall be
in compliance with the -village's
naise regulations.
Cultural r•esouree. A site, abject, structure, build-
ing or district listed in the Village's register of
historic sites.
Uemoliti.on. The tearing down or razing of
twenty-five (25) percent or mare of a structure's
external walls.
(5) ~erzeral. re~uiaernents. Outdoar seat-
ing which increases the total num-
ber of seats available at a food sex-
vice establishment shall be considered
an expansion of use. Such. outdoor
seating shall. be included in any cal-
czzlation of the total number crf seats
provided by the food service estab-
l.ishznent l.~ut not limited to parking,
restroom facilities and business taxes.
(Ord. No. 209-70, § l; Ord. No. 2-71, § 1; Ord. No.
1-72, § l; Ord. No. I1-74, § l; Ord. No. 11-75, S 1,
9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. h?o. 3-77,
1, 2-24-77; Ord. No. 15-85,~~' 1, 9-12-85; Ord. No.
27.-90, § 2, 6-28-90; C)rd. No. 7-91,~~' l., 3-1~-91;
Orel. No. 20-95, § 1, 7-27-95; Ord. No. 34-96, ~ 1,
8-22-96; Oi°d. No. 3-9 7 ,y~' l., 1-9-97; Ord. No. 12-97,
§§ 3, 4, 2-27-97; Ord. No. 2-9$, § 1, 1-8-98; Ord.
No. 6-99, t 1, 1-28-99; Ord.. No. 03-2002, § 1, 2,
2-14-02; Ord. No. 04-2005, § 1, 2-10-05;. Oz'd. No.
2006-28, § 11, 12-1~1-06)
Sec. 45-37. historic site €averlay distg ict.
A. Purpose. The historic site overlay district is
used to impose special development restrictions
on identified areas. The locations of this averlay
district are established by the Village based on
the need for special protective measures at those
locations. The historic site averlay district im-
pales dif#erent standards than tha:se thtit would
otherwise apply.
B. Defirzi.tiorzs. [For purposes of this section,
the following words shall have the meaning as-
cribed to them in this subsection:]
Build%ng. A structure created to shelter any
form of human activit3T This may refer to a house,
barn, garage, church, hotel, ar similar structure.
Buildings may refer to a historically or arel~itec-
turally related complex, such as municipal build-
ings, or a pause and barn. Par]~ing lots and
garages are hereby deemed to be "building:."
District. A geographically definable area pos-
sessing. asignificant concentratian, linkage, or
continuity of sites, buildings, structures, objects;
or areas, which. are united historically or aesthet-
ically by plan or physical development. A district
may be comprised of individual resources which
are separated geagTaphicall.y but are linked by
assaciatioz~ ar history.
Object. A material thing of functional, aes-
thetic, cultural, historical or sciezrtific value that
may be, by nature of design, movable, yet related
to a specific setting or environment.
Or•clincar~~ rrzrzirztena.rzce. Worlc which does not
require a construction permit and that is done to
repair damage or to prevent deterioration or
decay of a building or° structure or part thereof as
nearly as practicable to its condition prior to the
damage, deterioration, or decay.
Original upl~eccrcittee. That appear. once (except
for color) v~=hich, to the satisfaction of the village
council, closely resembles the appearances of ei-
ther:
(1) The feature on. the building as it was
originally built or was likely to have been
built, or
(2) The feature an the building as it presently
exists so long as the present appearance
is appropriate, ire the opinion of the vil-
lage cozuicil; to the style and materials of
the building.
C. Creation. of loccxl register of laistor-i.c sites. A
local register of historic sites is hereby created as
a means of identifying. and classifying various
sites, builclirrgs, structures, objects azrcl districts
as historic ancUar architecturally significant. The
local register will be kept by the director of
community development.
D. Initiation of placernerzt on local register:
Placement af' sites, buildings, structures, objects
or districts on the local. register Wray be initiated
Sapp. No. 33 2512.d
COllE; COMPARATIVE; TABLE;
A€loption. Section
Ord. No. Bate Section thi§ Code
$ 19-221
9 29-5fa)
10 App. C, § 45-2U(97,
(1.U)
11 App. C, ~ 45-3G 4~(5)
2007-O1 1-11-07 2 Aclded 21-48
2007-03 2- 8-U7 2 G-17
2U07-].0 4-12-U7 1 L-52ia)
2 2-54(3 i
2007-13 7-12-07 1, 2 2-1
2007-16 10-25-U7 2 Added App. C, § 4.5-16.1
2007-17 10-25-U7 2 Added 2-1.Gfi(1)d.
2007-].9 12-13-07 2, 7 18-34
3 2-173
20U7-20 12-13-07 2 I;pld 9-1G-9-21
3 9-1G-9-19
2007-21 12-13-U7 2 14-30(2)
2008-01 1-10-U8 2 G-1.15(.F)
L00$-02 1-10-08 2 `L-148
20U8-U3 1-24-08 `L 1.0-5
I~ltd 10-6-10-8
1Znbd 10-9
as 10-G
Dttd 10-10
Y,.nbd lU-13
as 10-7
4 I?,pld 10-58-i0-G4
3 10-7G
Rpld 10-77
2008-04 1-24-08 2 5-83
5-8.5
2008-OG 2-28-08 2 Aclded 19-11
2008-07 4-10-08 2 3G-23
2008-U9 8-28-OS App. D
2008-1.5 1U-23-US 2 Rpld 14-37-14-52
3 Rplcl 14-79-14-83
Added 14-79-14-83
20U8-16 10-23-08 2 14-30
2U08-7.7 11-13-OS 2 2-4
2U08-1.8 7.1-13-08 2-5 2-.159-2-1G2
2009-01 1- 8-09 2 Added 14-31
2009-02 I.-2L-09 2, 3 G-1.11, 6-112
4 (5-114
G 6-715
2009-03 1-22-U9 2 9-17(.al
2009-04 4-23-U9 2 App. C, § 45-2
3 App. C, § 45-19 U.
4 App. C, § 45-27 A.1.
Added App. C, § 45-27 la.
2009-05 .5-14-09 2 Added 15-11-15-18
2009-GUG 6-1.1-09 2 4-27, 4-28
4-31, 4-32
2009-U7 7-L3-09 2 17-33
2009-09 7-23-U9 2 14-79
2009-17. 9-1.0-09 2 Addecl 2-25.1-2-25(i
2009-15 9-24-09 2 ].2-1G, 12-17
Added i.2-18
Supp. 1Vo. 48 2891
lvax i~~r PALM B1iJACx CoDI;
Adoption Section
Ord. Nc~. Bate Section this Code
2009-16 11-12-09 2 `LI-3
3 5-86
4 fx-111(E)(3), (4)
5 21-21(g)
6 App. C, ~ 45-35.1.VII
7 App. C, §§ 45-49,
45-50
`LO10-01 1-14-10 2 2-I59
3 2-161(e)(10)c.
4 2-162
5 2-164(a)
6, 7 2-165, 2-166
8, 9 2-1(38, 2-169
2010-02 1-28-10 2 1)11:4 6-112(L)
Rnbd 6-1.12{M)-(o'}
as (L)-(N)
2010-0`3 1-28-10 2 5-1
3 ltpld 5-18
4 5-25
2010-06 3-11.-10 2 24-43(b)
Added 24-43(d)
`L4-44
24-46, 24-47
3 24-58
2010-07 5-27-10 2 2-146
3 Added `L-14(3.1
4-14 24-147-24-157
15 ltpld 2-158
16 Rnbd, Aired 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-$8(ResJ 7-22-10 1-4 App. l)
l
(`I'he next page is 2933]
Supp. No. 48 2892