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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 [l] 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 2] 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 (3] 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. [4] 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 [5] Su~~p. No. ~~8 i� I I I II 4 � r _ 1 I ,� I I i I I I i i i i I i 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