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ADMINISTRATION § 2-161
unless the contrary be shown by compe- e. Injury or disease sustained by the
tent evidence. Any condition or impair- member while working for anyone
ment of health caused directly or proxi- other than the village and arising
mately by exposure, which exposure out of such employment.
occurred in the active performance of duty
at some definite time or place without ( Termination benefits and vesting.
willful negligence on the part of the mem- (1) Each member who terminates employ-
ber, resulting in total or partial disability, ment with the employer and who is not
shall be presumed to be accidental and eligible for any of the retirement, death,
suffered in the line of duty, provided that or disability benefits set forth herein shall
such member shall have successfully receive from the fund within a reasonable
passed a physical examination upon en- time following his date of termination a
tering such service,which physical exam- refund of his accumulated contributions.
ination including electrocardiogram failed Provided, however, that if at the time of
to reveal any evidence of such condition. his termination of employment the mem-
In order to be entitled to presumption in ber has ten (10) or more years of credited
the case of hepatitis, meningococcal men- service, he shall have the option of either
ingitis, or tuberculosis, the member must receiving his accumulated contributions
meet the requirements of F.S. § 112.181. or his accrued benefit payable commenc-
The final decision whether a member meets ing at the date which would have been his
the requirements for duty disability pen- normal retirement date had he remained
sion rests with the board and shall be in full-time employment with the em-
based on substantial competent evidence ployer. The member may direct that his
on the record as a whole. accrued benefit, reduced as for early re-
tirement, commence at age fifty (50) or
(10) A member will not be entitled to receive any date thereafter provided his accumu-
any disability retirement income if the lated contributions are not withdrawn.
disability is a result of:
(2) A refund of accumulated contributions to
a. Excessive and habitual use by the a member or his beneficiary shall consti-
member of drugs,intoxicants,or nar- tute a full and complete discharge of any
cotics; and all rights to claims or benefits under
the system by the member or his benefi-
b. Injury or disease sustained by the ciaries.
member while willfully and illegally
participating in fights, riots, civil (g) Cost of Living Adjustment. The amount of
insurrections or while committing a pension benefit will be increased in accordance
crime; with the changes in the consumer index (CPI-W
U.S.) published by the U.S. Bureau of Labor
C. Injury or disease sustained by the Statistics. Adjustments of pension payments will
member while serving in any armed be made on October 1 of each year reflecting the
forces (this exclusion does not affect change in the consumer price index over the
members who have become disabled twelve-month period ending April 1. The maxi-
as a result of intervening military mum increase in the pension benefit for any one
service under the federal Heroes (1) year is three (3) percent. Such adjustments
Earnings Assistance and Relief Tax shall apply to each retirement,survivor or disabil-
Act of 2008 (H.R. 6081; P.L. 110- ity benefit in pay status as of each October 1.
245);
If there is a decrease in the CPI-W U.S. over
d. Injury or disease sustained by the the twelve-month period ending April 1, then the
member after employment has ter- amount of the pension benefit will not increase
minated; again until there is an increase in that index
Supp. No. 50 157
§ 2-161 NORTH PALM BEACH CODE
beyond the prior high level of the CPI-W U.S. The beneficiary being removed need not be living.Any
prior high level of the CPI-W U.S. is the high retired member who desires to change his or her
water mark for purposes of future cost of living joint annuitant or beneficiary shall file with the
increases. After a decrease in the CPI-W U.S., board of trustees a notarized notice of such change.
there is no future cost of living increase until the Upon receipt of a completed change of joint annu-
index exceeds the most recent high water mark. itant form or such other notice, the board of
trustees shall adjust the member's monthly ben-
(h) Limitation on benefits. In no event may a efit by the application of actuarial tables and
member's annual benefit exceed the limitations of calculations developed to ensure that the benefit
Internal Revenue Code Section 415 as such pro- paid is the actuarial equivalent of the present
visions apply to governmental pension plans. The value of the member's current benefit and there is
provisions of Internal Revenue Code Section 415 no impact to the plan. The beneficiary or joint
that apply to governmental pension plans are annuitant being removed will be assumed de-
hereby incorporated into this plan by reference. ceased by the actuary in determining the actuari-
(Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, ally equivalent amount of the revised monthly
11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No. payment. No retiree's current benefits shall be
6-95, § 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95; increased as a result of the change of beneficiary.
Ord. No. 20-2000, §§ 1, 2, 8-10-00; Ord. No.
08-2001, § 1, 4-12-01; Ord. No. 13-2003, §§ 1-3, (1) Option 1—Joint and last survivor option.
5-8-03; Ord. No. 2008-18, § 4, 11-13-08; Ord. No. The member may elect to receive a bene-
2010-01, § 3, 1-14-10; Ord. No. 2011-03, § 2, fit, which has been adjusted to the actu-
2-10-11) arial equivalent of the normal form of
benefit, during his/her lifetime and have
Sec. 2-162. Optional forms of benefits. such adjusted benefit (or a designated
Each member entitled to a normal, early, dis- fraction thereof,for example one hundred
(100) percent, seventy-five (75) percent,
ability or vested retirement benefit shall have the sixty-six and two-thirds (66 z/s)percent or
right, at any time prior to the date on which fifty(50)percent)continued after his death
benefit payments begin,to elect to have his or her
to and during the lifetime of his benefi-
benefit payable under any one (1) of the options ciary.The election of option 1 shall be null
hereinafter set forth in lieu of benefits provided and void if the designated beneficiary dies
herein, and to revoke any such elections and before the member's benefit payments com-
make a new election at any time prior to the mence.
actual beginning of payments. The value of op-
tional benefits shall be actuarially equivalent to (2) Option 2—Social security adjustment op-
the value of benefits otherwise payable, and the tion. If a member retires before being
present value of payments to the retiring member eligible for social security benefits, he
must be at least equal to fifty (50) percent of the may elect this option.A member may elect
total present value of payments to the retiring to receive a larger pension up to the date
member and his/her beneficiary. The member he begins receiving social security bene-
shall make such an election by written request to fits. The member's pension benefits may
the board, such request being retained in the be reduced or terminated after social se-
board's files. Notwithstanding any other provi- curity payments begin. The amount of
sion of this section, a retired member may change reduction shall be actuarially determined.
his or her designation of joint annuitant or bene-
ficiary up to two (2) times as provided in F.S. (3) Option 3—Other. In lieu of the other op-
§ 175.333 without the approval of the board of tional forms enumerated in this section,
trustees or the current joint annuitant or benefi- benefits may be paid in any form ap-
ciary. The retiree is not required to provide proof proved by the board so long as actuarial
of the good health of the joint annuitant or bene- equivalence with the benefits otherwise
ficiary being removed, and the joint annuitant or payable is maintained, provided, how-
Supp. No. 50 158
ADMINISTRATION § 2-162
ever, that the board shall not authorize
any actuarially equivalent single or lump
sum distributions.
(Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4,
2-13-92; Ord. No. 20-2000, § 3, 8-10-00; Ord. No.
13-2003, § 4, 5-8-03; Ord. No. 2008-18, § 5, 11-13-
08; Ord. No. 2010-01, § 4, 1-14-10)
Supp. No. 50 158.1
BUILDINGS AND BUILDING REGULATIONS § 6-113
(9) Signs that incorporate projected images, (18) Searchlights used to advertise or promote
emit any sound that is intended to attract a business or to attract customers to a
attention, or involve the use of live ani- property.
mals.
(19) Signs that are painted,pasted, or printed
(10) Signs that emit audible sound, odor, or on any curbstone,flagstone,pavement, or
visible matter such as smoke or steam. any portion of any sidewalk or street,
except house numbers and traffic control
(11) Signs or sign structures that interfere in signs.
any way with free use of any fire escape,
(20) Signs placed upon benches, bus shelters
emergency exit, standpipe, or that ob-
or waste receptacles.
struct any window to such an extent that
light or ventilation is reduced to a point (21) Signs erected on public property, or on
below that required by any provision of private property (such as private utility
this Code or other ordinance of the vil- poles) located on public property, other
lage. than signs erected by public authority for
public purposes.
(12) Signs that resemble any official sign or
marker erected by any governmental (22) Signs erected over or across any public
agency,or that by reason of position,shape street except as may otherwise be ex-
or color, would conflict with the proper pressly authorized by this Code, and ex-
functioning of any traffic sign or signal, or cept governmental signs erected by or on
illumination that may be reasonably con- the order of the village manager.
fused with or construed as, or conceal, a (23) a. Vehicle signs with a total sign area
traffic-control device. on any vehicle in excess of ten (10)
(13) Signs that obstruct the vision of pedestri- square feet, when the vehicle is
ans, cyclists, or motorists traveling on or parked on the same property as the
entering public streets. business being advertised and:
1. Is parked for more than sixty
(14) Non-governmental signs that use the words (60)consecutive minutes within
"stop," "look," "danger," or any similar one hundred (100) feet of any
word, phrase, or symbol. street right-of-way; and
(15) Signs, within ten (10)feet of public right- 2. Is visible from the street right-
of-way or one hundred(100)feet of traffic- of-way that the vehicle is within
control lights, that contain red or green one hundred (100) feet of, and
lights that might be confused with traffic 3. Is parked on commercially zoned
control lights. property;
(16) Signs that are of such intensity or bril- b. Vehicle signs visible from any street
Hance as to cause glare or impair the right-of-way with a total sign area
less than or equal to ten (10) square
vision of any motorist, cyclist, or pedes-
feet, when the vehicle is parked for
trian using or entering a public way, or
that are a hazard or a nuisance to occu- more than sixty(60)consecutive min-
pants of any property because of glare or utes on a commercially zoned prop-
other characteristics. erty and on which the business being
advertised is located and:
(17) Signs that contain any lighting or control 1. Is parked within the front two-
mechanism that causes interference with thirds of the area between the
radio, television or other communication front building line and the front
signals. lot line; or
Supp. No. 50 398.11
§ 6-113 NORTH PALM BEACH CODE
2. In the case of corner lots, is (33) Time-Temperature-Date Signs.
parked within the front two- (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 2,
thirds of the area between the 8-18-94; Ord. No. 37-97, § 1, 8-28-97; Ord. No.
side building line and the side 12-2000, § 1, 4-27-00)
lot line; or
3. Is parked within thirty(30)feet Sec. 6-114. Permitted temporary signs.
of any street right-of-way. (A) Where allowed. Temporary signs are al-
(24) Signs displaying copy that is harmful to lowed throughout the village, subject to the re-
minors as defined by this code. strictions imposed by this section and other rele-
vant parts of this Code. Temporary signs do not
(25) Portable signs as defined by this code. require a building permit.
(26) Marquee sign as defined by this code. (B) Sign types allowed. A temporary sign may
be a pole, ground or building wall sign, but may
(27) Roof sign as defined by this code. not be an electric sign.
(28) Changeable copy sign as defined by this (C) Removal of illegal temporary signs. Any
code. temporary sign not complying with the require-
Exceptions: ments of this section is illegal and subject to
a. Sign for public, charitable, and reli-
immediate removal by the village forces.
gious institutions. (D) Restrictions on content of temporary signs.
b. Motor vehicle service station signs;
A temporary sign may display any message so
long as it is not:
provided, however, that said signs
are: (1) Harmful to minors as defined by this
1. Limited to a maximum of twenty Code.
(20) percent of the total sign (2) Advertising as defined by this Code, ex-
area for said vehicle service sta- cept that advertising for the following
tion. purposes may be displayed:
2. Changeable copy is limited to a. To indicate that the owner of a va-
price of fuel and the words"cash" cant lot,either personally or through
and "credit." an agent, is attempting to sell the
3. The maximum height of change- property on which the sign is lo-
able numbers shall be twelve cated.
(12) inches. b. To indicate that an owner of a one-
c. Signs in P-Public District. family or two-family residence or a
unit within an existing multi-family
(29) Painted wall sign as defined by this code. development, either personally or
through an agent,is actively attempt-
(30) Neon tube sign located inside or outside a ing to sell, rent or lease the property
building and as defined by this code. on which the sign is located or a unit
(31) Off site/premise sign as defined in this located on the property. Existing
code. multi-family developments are lim-
ited to one (1) sign per development
(32) Signs placed on boats or watercraft that located in the common area and meet-
are located on public or private property ing each of the requirements appli-
other than boat or watercraft name, man- cable to signs for one and two family
ufacturers name or required license num- residences set forth in subsection
bers. (E)(1)a below.
Sapp. No. 50 398.12
BUILDINGS AND BUILDING REGULATIONS § 6-114
C. To identify construction in progress. (E) Permissible size, height and number of
Such message shall not be displayed temporary signs.
more than sixty (60) days prior to
the beginning of actual construction (1) Non-political signs.
of the project, and shall be removed a. One-family and two-family resi-
upon issuance of a certificate of oc- dences. A parcel on which is located
cupancy or completion. If a message a single one-family or two-family res-
is displayed pursuant to this section, idence or a vacant parcel within ei-
but construction is not initiated ther the R-1 or R-2 zoning district
within sixty(60) days after the mes- may display not more than one (1)
sage is displayed, or if construction temporary sign with a sign area of
is discontinued for a period of more not more than five (5) square feet.
than sixty (60) days, the message No sign shall exceed five (5) feet in
shall be removed, pending initiation height. Front setback shall be ten
or continuation of construction activ-
ities. The design of any such tempo- (10) feet and side setback shall be
three (3) feet.
rary sign shall be submitted, re-
viewed and approved in conjunction b. Multi-family residences. A parcel on
with site plan review. which is located a multi-family resi-
d. To identify the sale or lease of newly dence may display not more than
constructed or reconstructed residen- one (1) temporary sign with a sign
tial or commercial units. Such mes- area of not more than thirty-two(32)
sage shall not be displayed until the square feet. No individual sign shall
issuance of a certificate of occupancy exceed eight (8)feet in height. Front
or completion for the project and setback shall be ten (10) feet and
may only be displayed for a period of side setback shall be three (3) feet.
six (6) months from the date of issu- Signs pertaining to the sale or lease
ance of a certificate of occupancy or of a unit or units within an existing
completion or until all units on the multi-family development are re-
property are sold or leased, which- stricted as set forth in subsection
ever first occurs. The design of any (D)(2)b above.
such temporary sign shall be submit- C. On all other parcels. All other par-
ted, reviewed and approved in con- cels may display not more than one
junction with site plan review.
(1) temporary sign with an aggre-
e. Political sign. Nothing shall be con- gate sign area of not more than six-
strued to regulate the content or teen (16) square feet. No sign shall
internal design of a political sign. exceed eight (8) feet in height.
Signs advertising political events and
functions shall not be displayed more (2) Political signs. Temporary political signs,
than thirty (30) days prior to the each not exceeding five (5) square feet in
event or function and shall be re- sign area and not more than five (5) feet
moved not more than seven (7) cal- in height, may be displayed on any parcel
endar days following the event or within the village. Political signs are lim-
function advertised by the sign.Cam- ited to one(1) sign per candidate or issue,
paign signs shall not be displayed per parcel in any federal, state, county or
more than thirty (30) days prior to municipal election. Political signs shall
the election or vote to which they are not be placed on any parcel within the
directed and shall be removed within village without the consent of the prop-
seven (7) days following the election erty owner. For vacant parcels, the prop-
or vote. erty owner's written consent must be filed
Supp. No. 50 398.13
§ 6-114 NORTH PALM BEACH CODE
with the village clerk prior to the erection this article, depict the name of the project
or placement of any temporary political and the names of up to five (5) tenants or
signs. occupants of the project. A "for sale" or
(Ord. No. 24-93, § 2, 10-14-93; Ord. No. 32-2000, "for lease" sign may be substituted for one
§ 1, 10-12-00; Ord. No. 10-2002, § 1, 4-25-02; Ord. (1) of the tenant or occupant signs if the
No. 09-2003, § 1, 4-10-03; Ord. No. 2006-24, space within the project is being actively
§ 2.C.2, 11-9-06; Ord. No. 2009-02, § 4, 1-22-09; marketed for sale or lease.
Ord. No. 2010-11, §§ 2, 3, 7-22-10)
(7) Noncommercial message. Notwithstand-
Sec. 6-115. Permitted permanent accessory ing anything contained in other sections
of the Code of the village to the contrary,
signs. any sign erected pursuant to the provi-
(A) Sign types allowed. A permanent accessory sions of this code may, at the option of the
sign may be a ground or building wall sign. applicant, contain either a noncommer-
cial message unrelated to the business
(B) Content. A permanent accessory sign may located on the premises where the sign is
only display any combination of the following, erected or a commercial message related
none of which may be harmful to minors as to the business and located on the busi-
defined in this Code. ness premises. The noncommercial mes-
(1) Letters depicting the name of the building sage may occupy the entire sign face or
or the name of the building occupant. portion thereof. The sign face may be
changed from commercial to noncommer-
(2) Letters depicting the nature of the busi- cial messages as frequently as desired by
ness and that are a maximum of fifty(50) the owner of the sign, provided that the
percent of the height of the letters in size and design criteria conform to the
paragraph (B)(1) of this section. applicable portions of this code,the sign is
(3) A logo symbol for the building or the allowed by this code, the sign conforms to
building occupant which does not exceed the requirements of the applicable zoning
fifty (50) percent of the allowable sign designation and the appropriate permits
area. are obtained. For the purposes of this sign
code, noncommercial messages, by their
(4) Street address number and/or name.Street very nature, shall never be deemed off-
address numbers may be located on any premises.
portion of a ground sign not conflicting
with any other requirement of this article. (C) Permissible number,area,spacing and height
(5) A removable sign affixed by permanent of permanent accessory signs.
brackets within the sign face area of a (1) Ground signs:
ground sign indicating that units within a. Multi-family buildings with more
the same parcel are for sale or for lease than four (4) dwelling units.
and including a contact phone number.
The brackets and sign cannot cover any Number— One (1) maximum.
other portion of the sign copy, including Sign Area — Maximum thirty-two
any lettering, logo or address. (32) square feet.
(6) For commercial projects occupied by mul- Height — Eight (8) feet maximum.
tiple retail or service establishments where Set back, Minimum — Ten (10) feet
the total area of the project, including front — three (3) feet side.
outparcels,exceeds five(5)acres,a ground
sign may, subject to planning commission b. Commercial occupancy:
review and approval of the sign design in Number—One sign per parcel right-
accordance with the criteria set forth in of-way frontage maximum.
supp. No. 50 398.14
BUILDINGS AND BUILDING REGULATIONS § 6-115
Sign Sign Sign Face
Setback Height Area
Minimum Maximum Maximum
5 ft. 8 ft. 30 sq.ft.
10 ft. 8 ft. 36 sq.ft.
20 ft. 10 ft. 40 sq.ft.
30 ft. 10 ft. 45 sq.ft.
(2) Building wall signs:
a. Subject to the design criteria of this
article, the maximum mounting
height of a building wall sign shall
be eighteen (18) feet, except that on
a building of more than two (2) sto-
ries, a single building wall sign is
allowed above eighteen (18)feet fac-
ing each public street frontage.
b. Each multiple occupancy complex
may display one (1) permanent ac-
cessory building wall identification
sign facing each public street front-
age on the principal building in which
the complex is located, not to exceed
a sign area of twenty (20) square
feet.
C. Each occupant of a multiple occu-
pancy complex that has a licensed
building frontage which has direct
ground level walk-in access from a
public or private roadway or side-
walk may display one(1)permanent
accessory building wall sign on any
exterior portion of the complex that
Supp. No. 50 398.14.1
BUILDINGS AND BUILDING REGULATIONS § 6-117
area within the smallest rectangle, (B) Compliance with building and electrical
parallelogram,triangle,circle or semi- codes required. All permanent signs, and the
circle, the sides of which touch the illumination thereof, shall be designed, con-
extreme points of the letters or pic- structed and maintained in conformity with ap-
tures. plicable provisions of the building and electrical
(b) Where two (2) sign faces are placed codes adopted by the village.
back to back on a single sign struc- (C) Illumination standards.
ture, and the faces are at no point (1) All illuminated signs shall be internally
more than four (4) feet apart, the lighted and only by electricity.
area of the sign shall be counted as
the area of one (1) of the faces. (2) All electric wiring shall be installed in
conduit and concealed. The conduit shall
(c) Where three (3) or more sign faces be installed underground in accordance
are arranged in a square, rectangle, with the village electric code.
or diamond, the area of the sign
shall be the area of the two (2) larg- (3) Electrically lighted signs shall be auto-
est faces. matically controlled to be disconnected
daily at midnight or at the close of busi-
(C) Number of signs. ness if the advertised closing is later than
midnight.
(1) Generally. In general,the number of signs
shall be the number of non-contiguous (4) Sign lighting may not be designed or
sign faces. Multiple non-contiguous sign located to cause confusion with traffic
faces may be counted as a single sign if all lights.
the sign faces are included in the geomet- (D) Placement standards.
ric figure used for determining the sign
area. (1) In right-of--way. Supports for signs or sign
structures shall not be placed in or upon a
(2) Special situations. public right-of-way or public easement.
(a) Where two (2) sign faces are placed (2) Over right-of-way. No ground sign shall
back to back and are at no point project over a public right-of-way.
more than three (3) feet apart, it (3) Blocking exits, fire escapes, etc. No sign or
shall be counted as one sign. sign structure shall be erected that im-
(b) If a sign has four (4) faces arranged pedes use of any fire escape, emergency
in a square, rectangle or diamond, it exit, or standpipe.
shall be counted as two (2) signs. (4) All ground signs shall be erected within
landscaped areas. Minimum distance from
(D) Sign height. The height of a sign shall be the edge of the landscaped area to the
measured as the vertical distance from the fin- sign base shall be three (3) feet. The
ished grade, excluding berms, at the base of the landscaping shall consist of shrubbery a
supporting structure to the top of the sign, or its minimum of thirty(30) inches high creat-
frame or supporting structure,whichever is higher. ing a hedge or individual shrubs of the
(Ord. No. 24-93, § 2, 10-14-93) same or varying species thirty(30)inches
high spaced not more than eighteen (18)
Sec. 6-117. Design, construction, and loca- inches apart at their base.
tion standards. (E) Clearance standards.
(A) Generally. All permanent signs must com- (1) Over pedestrian ways. All signs over pe-
ply with the following design, construction and destrian ways shall provide a minimum of
location standard. nine (9) feet of vertical clearance.
Supp. No. 50 398.17
§ 6-117 NORTH PALM BEACH CODE
(2) Over vehicular ways. All signs over vehic- (J) Signs required to be designed. The follow-
ular ways shall provide a minimum of ing signs shall be designed by a Florida registered
thirteen (13) feet six (6) inches of clear- architect or engineer:
ante.
(1) Building wall signs that project perpen-
dicularly from the surface to which it is
(F) Relationship to building features. A build- attached and that are more than twelve
ing wall sign shall not extend beyond any edge of (12) square feet in area.
the surface to which it is attached, nor disrupt a
major architectural feature of the building. (2) Ground signs of more than forty (40)
square feet in area.
(G) Maximum projection. A building wall sign (3) All signs shall be designed to withstand a
may project no more than four (4)feet perpendic- velocity pressure of fifty (50) pounds per
ularly from the surface to which it is attached. square foot.
(Ord. No. 24-93, § 2, 10-14-93; Ord. No. 05-94, § 1,
(H) Maximum window coverage. The tom-
3-10-94; Ord. No. 2006-24, § 2.C.3, 11-9-06; Ord.
No. 2011-01, § 2, 1-27-11)
bined area of permanent and temporary signs
placed on or behind windows shall not exceed ten
(10)percent of the total window area at the same Sec. 6-118. Severability.
floor level on the side of the building or unit upon (a) Generally. If any part, section, subsection,
which the signs are displayed. paragraph,subparagraph,sentence,phrase,clause,
term, or word of this article is declared unconsti-
(I) Sign concept for multiple occupancy com- tutional by the valid judgment or decree of any
plexes. A sign concept for building wall signs to be court of competent jurisdiction, the declaration of
placed on multiple occupancy complexes shall be such unconstitutionality shall not affect any other
approved prior to a building wall sign being part, section, subsection, paragraph, subpara-
permitted to be constructed, altered or remodeled graph, sentence, phrase, clause, term or word of
after the effective date of this code. The sign this article.
concept shall be included as a submittal for au- (b) Severability where less speech results.With-
thorization to erect such a sign and shall be out diminishing or limiting in any way the decla-
maintained on file in the department of commu- ration of severability set forth above in subsection
nity development. As a minimum, the sign con- (a), above, or elsewhere in this article, this Code,
cept shall specify the types, dimensions, place- or any adopting ordinance, if any part, section,
ment, colors, and shape of the signs and the style subsection, paragraph, subparagraph, sentence,
of lettering which shall lend a unified appearance phrase, clause, term, or word of this article is
to the signs of the occupants of the complex. The declared unconstitutional by the valid judgment
sign concept shall only be modified with the or decree of any court of competent jurisdiction,
approval of the planning commission upon sub- the declaration of such unconstitutionality shall
mission of a revised plan and specifications de- not affect any other part, section, subsection,
tailing the revised concept. The term sign concept paragraph,subparagraph,sentence phrase,clause
shall include any master sign plan approval meet-
term, or word of this article, even if such sever-
ing the requirements of this subsection. Permits ability would result in a situation where there
for building wall signs determined by the commu- would be less speech, whether by subjecting pre-
nity development director or the director's desig- viously exempt signs to permitting or otherwise.
nee to be in conformance with the approved sign
concept and determined by the building official to (c) Severability of provisions pertaining to pro-
be in compliance with all other requirements of hibited signs. Without diminishing or limiting in
this chapter may be issued without additional any way the declaration of Severability set forth
planning commission review or approval as oth- above in subsection(a)above, or elsewhere in this
erwise required by article III of this chapter. article, this Code, or any adopting ordinance, if
supp. No. 50 398.18
BUILDINGS AND BUILDING REGULATIONS § 6-152
any part,section,subsection,paragraph,subpara- within the coastal building zone and coastal bar-
graph, sentence, phrase, clause, term or word of rier islands in the village and shall be referred to
this article or any other law is declared unconsti- as the "coastal code."
tutional by the valid judgment or decree of any (Ord. No. 22-86, § 1, 12-11-86)
court of competent jurisdiction the declaration of
such unconstitutionality shall not affect any other Sec. 6-152. Purpose.
part, section, subsection, paragraph, subpara-
graph, sentence, phrase, clause, term, or word of The purpose of the coastal code is to provide
this article that pertains to prohibited signs, minimum standards for the design and construc-
including specifically those signs and sign-types tion of buildings and structures to reduce the
prohibited and not allowed under section 6-113 of harmful effects of hurricanes and other severe
this article. Furthermore, if any part, section, storms occurring along the coastal area of the
subsection, paragraph, subparagraph, sentence, village which front on the Atlantic Ocean. These
phrase, clause, term, or word of section 6-113 is standards are intended to specifically address
declared unconstitutional by the valid judgment design features which affect the structural stabil-
or decree of any court of competent jurisdiction, ity of the beach,dunes and topography of adjacent
the declaration of such unconstitutionality shall properties. The coastal code is site specific to the
not affect any other part, section, subsection, coastal building zone as defined herein and is not
paragraph,subparagraph,sentence,phrase,clause, applicable to other locations. In the event of a
term, or word of section 6-113, thereby ensuring conflict between this article and other sections of
that as many prohibited sign-types as may be this Code,the requirements resulting in the more
constitutionally prohibited continue to be prohib- restrictive design shall apply. No provisions in
ited. this article shall be construed to permit any con-
(Ord. No. 23-2005, § 1, 9-22-05)
Secs. 6-119-6-149. Reserved.
ARTICLE VI. ENERGY EFFICIENCY
BUILDING CODE
Sec. 6-150. Adopted by reference.
Under the authority of F.S. section 163.295,the
village hereby adopts, by reference thereto, the
Florida Model Energy Efficiency Code, for Build-
ing Construction, 1986 edition, as the energy code
for the village. There have been for 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 recommended amendments kept avail-
able for public use, inspection and examination.
(Ord. No. 6-79, § 1, 4-26-79; Ord. No. 23-80, § 1,
10-9-80)
ARTICLE VII. COASTAL CONSTRUCTION
CODE*
Sec. 6-151. Title.
out in §§ 6-151-6-156. Formerly,Art. VII, §§ 6-156-6-164,
The provisions contained herein shall consti- relative to the coastal construction code,derived from Ord.No.
tute the coastal construction code for construction 3-86, § 1, adopted March 27, 1986.
Cross references—Boats, docks and waterways, Ch. 5;
*Editor's note—Ordinance No. 22-86, § 1, adopted Dec. construction requirements for canals, etc., § 5-56 et seq.;
11,1986,amended Art.VII in its entirety to read as herein set bulkhead lines, Ch. 7;flood damage prevention, Ch. 12.5.
Supp. No. 50 398.19
HEALTH AND SANITATION § 14-63
feet prior to being placed in the swale section (b)(3) above; or (iii) yard waste
for collection. Each single item shall placed for collection by persons, corpora-
weigh less than fifty (50) pounds. tions or firms paid a fee to perform tree
b. On any scheduled yard waste collet- trimming or landscape maintenance activ-
tion day, branches, tree limbs, shrub ities as prohibited by subsection (b)(4)
clippings and palm fronds shall be above. The village council shall establish
limited to one (1) pile not exceeding a schedule of such costs by resolution.
right (8) cubic yards, measuring ap- (2) The village manager or village public works
proximately four (4) feet wide by director shall certify the amount of the
fifteen (15) feet long by four (4) feet costs and mail such certification to the
tall. property owner via certified mail, return
receipt requested, and regular U.S. mail.
(3) No property owner shall generate yard The property owner shall have fifteen(15)
waste for collection once any portion of days from the date of mailing in which to
the village has been placed under a hur- pay the costs or challenge the imposition
ricane or tropical storm watch or warning and amount of the costs by requesting a
by the national hurricane center of the hearing before the village code enforce-
national oceanic and atmospheric associ- ment board.
ation (NOAA). (3) If the property owner fails to pay the costs
(4) All providers of commercial tree trimming or if the property owner requests a hear-
and/or landscape maintenance services re- ing and the board decides adversely to the
tained to perform services within the vil- property owner, the village shall assess
lage shall be registered with the village's the costs against the property owner and
community development department and record the assessment in the public re-
shall be required to remove all yard waste cords. The recording of the assessment
generated by such tree trimming and/or shall create and constitute a lien against
landscape maintenance activities. For the such property for the amount of the as-
purpose of this section, a provider of com- sessment, payable to the village.
mercial tree trimming and/or landscape (4) The assessment shall bear interest at the
maintenance services shall be defined as current legal rate of interest per annum
a person, group of persons, or entity that as provided by law and shall constitute a
routinely engages in, and markets itself lien upon the land from the date of the
as a provider of, such services for a fee. recording of the assessment. Lien assess-
(c) Violations. The provisions of this section ments may be enforced by civil action in
shall be enforced by the village's code compliance the appropriate court of competent juris-
diction. The lien shall continue in full
division or public safety department. Each perfor- force until discharged by payment or oth-
mance of any act prohibited by this section or erwise or until settled and released by the
failure to perform an act required by this section community development director or the
shall constitute a separate offense. village manager.
(d) Assessment of costs. (Ord. No. 2009-01, § 2, 1-8-09; Ord. No. 2011-04,
§ 2, 2-10-11)
(1) In addition to any fines imposed through
the code enforcement process for viola-
tions of this section,property owners shall
be required to pay the costs associated DIVISION 3. RESERVED*
with the collection of: (1) yard waste in
excess of the maximum amount set forth Secs. 14-37-14-63. Reserved.
in subsection (b)(2) above; (ii) yard waste *Editor's note—Ord. No. 2008-15, § 2, adopted Oct. 23,
placed for collection as prohibited by sub- 2008, repealed Div. 3, §§ 14-37-14-52, which pertained to
Supp. No. 50 893
§ 14-64 NORTH PALM BEACH CODE
ARTICLE III. RESERVED ment available to the village, including, but not
limited to code enforcement proceedings and in-
junctive relief:
Secs. 14-64-14-78. Reserved. (1) The condition of ill repair or lack of main-
tenance of any real property such that the
ARTICLE IV. ABATEMENT OF PUBLIC condition is deemed unsafe or creates a
NUISANCES ON PRIVATE PROPERTY* health, sanitation, or safety hazard, in-
cluding, but not limited to, the harboring
of rats, snakes and other vermin or the
Sec. 14-79. Definitions. pooling of water that may serve as breed-
ing grounds for insects and other disease
The following words and phrases,when used in vectors;
this article, shall have the meanings ascribed to (2) The growth of weeds, grass, or other sim-
them in this section, except where the context ilar ground cover which exceeds twelve
clearly indicates a different meaning:
(12) inches in height for improved and
Debris means any trash, rubbish, pipes,paper, unimproved lots, or the uncontrolled
growth of vegetation which fails to pres-
wrapping, crates, boxes of any type, tin cans,
wood,bottles,glass,animal and vegetable wastes, ent a healthy appearance; or
or other discarded materials, including vehicles, (3) The presence, accumulation, storage, or
boats and boat trailers in a rusted, wrecked, otherwise keeping of debris or any aban-
junked, inoperative or partially dismantled con- doned,discarded,or unused personal prop-
dition. This definition shall include any vehicle, erty when not completely enclosed in a
boat or boat trailer that does not possess a valid structure and visible at ground level from
and current registration or to which a valid and adjoining properties or public rights-of-
current license plate or registration decal is not way.
affixed as required by state law. (Ord. No. 2008-15, § 3, 10-23-08; Ord. No. 2010-
21, § 2, 11-18-10)
Personal property means all forms of personal
property and chattel, other than real property. Sec. 14-81. Notice of public nuisance; right
(Ord. No. 2008-15, § 3, 10-23-08; Ord. No. 2009- to request hearing.
09, § 2, 7-23-09) (a) Authorized agents and employees of the
village's community development department, in
Sec. 14-80. Uses or activities constituting a addition to code inspectors and law enforcement
public nuisance. officers, are empowered to enter upon and inspect
properties within the village on which a public
The following uses or activities upon any im- nuisance is suspected to exist. All such persons
proved or vacant parcel, lot, tract, land or prem- shall be immune from prosecution, civil or crimi-
ises within the village shall constitute a public nal, for reasonable, good faith entry upon prop-
nuisance and a violation of this code, subject to erty within the village while discharging the
the nuisance abatement procedures set forth in duties outlined in this article.
this article and all other methods of code enforce- (b) The village's community development di-
abandoned,inoperative and junked property and derived from rector or designee is hereby authorized and di-
§§ 23-15, 23-16, and 23-18-23-30 of the 1970 Code and Ord. rected to notify in writing the owner of any
No. 7-73. property upon which a public nuisance exists, as
`Editor's note—Ord. No. 2008-15, § 3, adopted Oct. 23, specified in section 14-80 above. The notice shall
2008, repealed the former Art. IV, §§ 14-79-14-83, and
enacted a new article as set out herein. The former Art. IV detail the nature of the public nuisance, the
pertained to weeds and brush and derived from §§ 44-11 method(s) of correction, and the date by which
44-15 of the 1970 Code. corrective action must be completed, which shall
Supp. No. 50 894
HEALTH AND SANITATION § 14-83
be at least ten (10) days from the date of the dress, and the total amount of the assessment.
notice. The notice shall further advise the prop- The village shall mail the assessment to the
erty owner of the right to request a hearing as property owner via both certified mail, return
specified below, and that the failure to abate the receipt requested, and regular U.S. mail and
nuisance will result in the village taking correc- provide the property owner fifteen (15) days from
tive action and the assessment of costs and impo- the date of mailing in which to pay the assess-
sition of a lien against the property. ment.
(c) The notice shall be sent to the owner of the (b) Should the property owner fail to pay the
property by certified mail, return receipt re- assessment, the village shall record the assess-
quested, at the address(es) maintained by the ment in the public records, and the recording of
county property owner and tax collector and shall the assessment shall create and constitute a lien
be posted on the property. against such property for the amount of the
(d) Prior to the date specified for corrective assessment, payable to the village.
action in the notice, the property owner may (c) The assessment shall bear interest at the
make a written request to the community devel- current legal rate of interest per annum as pro-
opment director for a hearing before the village vided by law and shall constitute a lien upon the
code enforcement board to show that the condi- land from the date of the assessment. Lien assess-
tion alleged in the notice does not exist or does not ments may be enforced by civil action in the
create a public nuisance. The code enforcement appropriate court of competent jurisdiction. The
board shall conduct a hearing as soon as practi- lien created shall be a first lien, equal to a lien for
cable after the receipt of such request. The prop- nonpayment of property taxes, on any property
erty owner shall be notified of the hearing in the against which an assessment for costs to abate a
manner set forth in section 2-181 of this Code. nuisance has been recorded. The lien shall con-
(Ord. No. 2008-15, § 3, 10-23-08) tinue in full force until discharged by payment or
otherwise or until settled and released by the
Sec. 14-82. Abatement of public nuisance. community development director or the village
manager.
If no hearing has been requested and the (Ord. No. 2008-15, § 3, 10-23-08)
condition described in the notice has not been
corrected by the date specified in the notice, or if
a hearing has been held and the code enforcement
board has ruled adversely to the property owner,
the community development director is autho-
rized with approval of the village manager to
cause the nuisance to be abated by the village or
its agents at the expense of the property owner.
(Ord. No. 2008-15, § 3, 10-23-08)
Sec. 14-83. Assessment of costs and imposi-
tion of lien.
(a) When the village has abated or contracted
for the abatement of a public nuisance as autho-
rized by this article,the village community devel-
opment director or village manager shall certify
the costs incurred in remedying the condition, in
addition to a two hundred fifty dollar ($250.00)
administrative fee,and assess that amount against
the property. The assessment shall contain the
legal description of the property, the street ad-
(The next page is 9451
Supp. No. 50 895
APPENDIX C ZONING § 45-2
ARTICLE I. IN GENERAL ceiving television, AM/FM radio, digital, micro-
wave, cellular, telephone or similar form of elec-
Sec. 45-1. Short title. tronic communication.
The provisions embraced within this ordinance Antiques: Objects of an earlier period such as
shall be known as the"zoning code"and may be so furniture, jewelry, stamps, coins, miniaturized
cited. replicas, works of art, or other decorative articles
that are collected primarily because of their age,
Sec. 45-2. Definitions. history, or expectation of increasing value.
Building is any structure, either temporary or
For the purpose of this ordinance,certain words permanent, having a roof or other covering and
and terms are defined as follows: designed for the shelter or enclosure of any per-
Accessory use is a use customarily incident and son, animal or property.
accessory to the principal use of land or building Child care facility means a licensed facility
located on the same lot. with more than five (5) children that are unre-
lated to the operator of the facility and which
Accessory building or structure shall include a complies with F.S. chapter 402.
building or structure customarily incident and
accessory to the principal use of land or building Community residential home, as defined in F.S.
located on the same lot. In the R-1 residential chapter 419, means a dwelling unit licensed to
dwelling district, accessory buildings shall be serve clients of the department of health and
limited to an open-air pavilion and an automobile rehabilitative services, which provides a living
garage. In the R-2 dwelling district, an accessory environment for seven (7) to fourteen (14) unre-
building shall be limited to an automobile garage. late residents who operate as the functional
equivalent of a family, including such supervision
Adult entertainment.Adult entertainment means and care by supportive staff as may be necessary
any adult arcade,adult theater,adult booth,adult to meet the physical, emotional, and social needs
bookstore/adult video store, adult motel or adult of the residents.
dancing establishment as defined in Ordinance
No. 88-31, Palm Beach County Adult Entertain- Decorative post structure is the support base for
ment Code; or any establishment or business alight fixture and shall comply with the following
operated for commercial gain where any em- requirements:
ployee, operator or owner exposes his/her speci- (1) The installation of a decorative post struc-
fied anatomical area for viewing by patrons, in- ture shall comply with all village build-
cluding but not limited to:massage establishments ing, electrical and zoning codes.
whether or not licensed pursuant to Chapter 480, (2) Free standing.
Florida Statutes, tanning salon, modeling studio,
or lingerie studio. (3) Conform with the architectural design of
the main building veneer.
Antenna is a transmitting or receiving device
used in communications that radiates or captures (4) May be located within the main building
setback areas.
electromagnetic waves,digital signals,analog sig-
nals, radio frequencies (excluding radar signals), (5) Not more than two (2) decorative post
wireless telecommunications signals or other com- structures per driveway entrance and not
munication signals. (See antenna tower for appli- more than four (4) decorative post struc-
cable regulations). tures per lot.
Antenna tower is a guyed, monopole or self- (6) Not more than thirty(30)inches in width
supporting structure, whether free standing or and depth and/or diameter.
attached to another structure, containing one or (7) Not less than eighteen(18)inches setback
more antennas intended for transmitting or re- from any lot line.
supp. No. 50 2480.1
§ 45-2 NORTH PALM BEACH CODE
(8) Not more than thirty six (36) inches in Family shall mean one or more persons living
height without a fixture. Exception: Not in the same single or multiple family dwelling
more than seventy-two(72)inches in height unit,all of whom are related by blood,marriage or
without a fixture when setback a mini- adoption, or a group of persons all of whom are
mum of thirty-five (35)feet from any side not so related which does not exceed two (2)
lot line or rear lot line on corner lots and unrelated persons in number. This term shall not
not less than thirty-six (36) inches from include the occupants of a rooming or boarding
any public right-of-way. house, group home/congregate living facility or
other similar use with share cooking or sanitary
Detached fence storage area is a storage area facilities.
attached to a fence erected on the property line in Family day care home is an occupied residence
conformance with fence requirements of the North in which child care is regularly provided for five
Palm Beach Code. Such storage area shall not
exceed three (3) feet in depth nor be longer or (5) or fewer preschool children from more than
one unrelated family and which receives a pay-
higher than the fence to which it is attached. Said ment,fee or grant for any of the children receiving
storage area shall be constructed of the same care, whether or not operated for profit. The
material, design and color as the fence to which it maximum five(5)preschool children shall include
is attached and the fence and storage area shall preschool children living in the home and gre-
be constructed of opaque materials which prop- school children received for day care and not
erly screen the interior of the storage area from related to the resident caregiver.Elementary school
the view of the adjacent property owners. De- siblings of the preschool children receiving day
tached fence storage areas shall not be erected care may also receive day care outside of school
closer to the street than the adjacent front wall of hours provided the total number of children,
the main building. No such storage area shall be including the caregiver's own and those related to
erected unless its construction conforms to village the caregiver, does not exceed ten (10).
ordinances.
Floor area is all usable floor space within the
Drug store is an establishment that combines a exterior walls of a structure.
pharmacy with the sale of products typically
associated with a convenience store, and provides Front, side and rear line of a building shall be
services such as photo processing or basic health deemed and construed to include both the main
portion of such structure and all projections there-
assessments(such as vaccinations or minor exam-
inations). These uses are subject to additional from, including any garage, carport or an ex-
regulations regarding the dispensing of controlled tended roof beyond the normal eave or cornice
substances set forth in section 45-36.T of this forming a cover or roof over an entrance to such
chapter. dwelling. Any awnings or shutters supported by
vertical posts, columns or pipes shall also consti-
Dwelling is any building or structure designed tute the building line. The building line shall not
exclusively for residential occupancy. A dwelling include the eaves of such structures nor any open
may be designed for one-family, two-family or terraces, stoops, steps, or planting boxes which do
multiple-family occupancy, but not including ho- not extend more than four (4)feet above the level
tels, clubs, motels, boarding or lodging houses or of the yard grade.
house trailers whether such trailers be mobile or Exception. Cantilevered canvas awnings may ex-
located in stationary fashion as when on blocks or tend no more than eight (8)feet into the required
other foundation. front, side or rear setback and shall be set back
Dwelling unit is a single unit providing com-
two (2) feet from the side property line.
plete, independent living facilities for one (1) or Front yard is that area between the front
more persons including permanent provisions for building line and the front line of the lot, and
living, sleeping, eating, cooking and sanitation. extending from one (1) side line to the other.
supp. No. 50 2480.2
APPENDIX C ZONING § 45-2
Lamp post is a free standing structure that is where the retail component comprises fifty (50)
not more than four (4)inches in width and depth percent or more of the gross floor area shall be
and/or diameter and not more than eighty-four classified as a retail commercial facility.
(84) inches in height. The installation of a lamp
post shall comply with all village building, elec- Mobile home park means a residential tenancy
trical and zoning codes. A lamp post may be in which a mobile home is placed upon a rented or
installed within the main building setback area. leased lot in a park in which ten (10) or more lots
are offered for rent or lease.
Living area is that area within any dwelling or Motel is a group of two (2) or more attached,
rooming unit, measured between the inner sides detached, or semidetached buildings containing
of the exterior walls, made usable for human guest rooms or apartments with automobile stor-
habitation, with the following exceptions: Any age or parking space provided in connection there-
utility room or storage space that is not accessible kith, designed and used primarily by automobile
from within the principal structure; all common transients.
corridors, hallways or exits provided for access or
vertical travel between stories of apartments of Non-retail commercial means any business clas-
multifamily units. sified as other than "retail trade" using the Stan-
dard Industrial Code (S.I.C.) System, provided
Lot is a parcel of land occupied or to be occupied that such business is permitted by the Village
by one (1) main building and its accessory build- Code of Ordinances.
ings with such open and parking spaces as are
required by the provisions of this ordinance, and Occupied shall be deemed to include the words
having its principal frontage upon a street. "arranged," "designed" or "intended to be occu-
pied."
Lot of record is a part of the land subdivision,
the map of which has been recorded in the office of Open-air pavilion means a detached ancillary
the clerk of the court of Palm Beach County, structure, open on all sides, with a partial to full
Florida. roof covering of some type used for recreation,
entertainment, contemplation or meditation pur-
Medical or dental office or clinic means a poses. This definition shall include all types of
facility providing health care services to the pub- chickee or tiki huts, pergolas, gazebos, and other
lic by physicians, dentists, chiropractors, osteo- pavilion-type structures.
paths, physical therapists, nurses, acupunctur-
ists, podiatrists, optometrists, psychiatrists or gaged in the retail sale of a variety of prescription
others who are duly licensed to practice their and non-prescription drugs and medicines, pros-
respective medical or dental profession in the thetic supplies, surgical instruments and sup-
State of Florida, as well as those technicians and plies, and sale and/or rental of aids for invalids.
assistants who are acting under the supervision These uses are subject to additional regulations
and control of a licensed health care practitioner. regarding the dispensing of controlled substances
These uses shall not include establishments where set forth in section 45-36.T of this chapter.
patients are lodged overnight and are subject to
additional regulations regarding the dispensing Principal building or structure is the building
of controlled substances set forth in section 45- or structure in which the principal use of the lot is
36.S of this chapter. conducted.
Mixed-use commercial means a combination of Principal use is the primary or predominant
retail commercial and non-retail commercial busi- use of any lot.
nesses where non-retail tenants comprise fifty
(50) percent or more of the gross floor area. Any Rear yard is that area between the rear build-
combination of retail and non-retail businesses ing line and the rear lot line, and extending from
supp. No. 50 2481
§ 45-2 NORTH PALM BEACH CODE
one (1) side line to the other. On all lots the rear ing codes, electrical codes, zoning codes
yard shall be in the rear of the front yard facing and other village codes that may apply
the street. thereto.
Resident of a community residential home means (4) Not more than one (1) satellite television
any of the following: an aged person as defined in antenna shall be allowed on any lot.
F.S. chapter 400; a physically disabled or handi- (5) Satellite television antennas shall meet
capped person as defined in F.S. chapter 760; a all manufacturer specifications,be of non-
developmentally disabled person as defined in combustible and corrosive-resistant mate-
F.S. chapter 393; a nondangerous mentally ill rial, and be erected in a secure, wind-
person as defined in F.S. chapter 394;or a child as resistant manner. Every such antenna
defined in F.S. chapter 39. Residents, as defined must be adequately grounded for protec-
in F.S. chapters 400, 760, 393 and 394, shall not tion against a direct strike of lightning.
reside in the same community residential home
a (6) Satellite television antenna shall be
s a child as defined in F.S. chapter 39.
screened from all adjoining private prop-
Retail commercial means any business classi- erty by an opaque fence, an opaque wall
fied as a "retail trade" establishment using the or by natural landscape planting so planted
Standard Industrial Code (S.I.C.) System, pro- as to provide maximum opacity that is a
vided that such business is permitted by the minimum of six (6) feet in height from
Village Code of Ordinances. grade.
Setback means the distance measured from a
Satellite television antenna is an apparatus side, rear and front lot line or from the currently
capable of receiving communications from a trans- designated ultimate right-of-way line (i.e., fed-
mitter or a transmitter relay located in planetary eral, state, county and village)to the closest point
orbit. Usable satellite signal is a signal which, within the lot that may be occupied by a building
when viewed on a conventional television set, is or an accessory structure. Front setbacks shall be
at least equal in picture quality to that received based on the platted front line of the property or
from local commercial television stations or by on the ultimate right-of-way line as determined
way of cable television. Satellite dish antennas by the village.
may be erected as an accessory structure in R-1
and R-2 zoning districts, subject to the following Side yard is that area between the side build-
restrictions: ing line and the side line of the lot and extending
from the front building line to the rear building
(1) The satellite television antenna shall be line.
mounted on the ground only, and shall be Story is that portion of a building between the
located only in the rear yard of any lot. surface of any floor and the surface of the floor
The satellite television antenna shall be next above it, or,if there be no floor above it, then
placed so that there shall be a rear and the space between any floor and the ceiling next
side yard of not less than five(5)feet, or if above it.
a corner lot, a side street yard of not less
than twenty (20) feet. Street is any public or private thoroughfare
which affords the principal means of access to
(2) Such antenna shall not exceed fifteen(15) abutting property. It may be designated on the
feet in height, including any platform or map as a street, avenue, boulevard, drive, place,
structure upon which said antenna is court, road, terrace, way, circle, lane, walk, path
mounted or affixed. Such antenna may or otherwise.
not exceed fifteen (15) feet in diameter.
Structure is anything constructed or erected
(3) Installation of a satellite television an- with a fixed location on the ground,or attached to
tenna shall comply with the village build- something having a fixed location on the ground.
supp. No. 50 2482
APPENDIX C ZONING § 45-6
Time-share unit is a dwelling unit in which the Sec. 45-3. Interpretation of provisions.
right of use or occupancy circulates among vari-
ous persons for specific periods of time less than In interpreting and applying the provisions of
one (1) year in accordance with a fixed time this ordinance, they shall be held to be the mini-
schedule. mum requirements for the promotion of the public
health, safety, morals and general welfare of the
Traditional chickee but means a type of chickee community.
but that consists solely of an open-sided wooden
but with a thatched roof of palm or palmetto or Sec. 45-4. Conflict of provisions.
other traditional materials constructed by the
Miccosukee Tribe of Indians of Florida or the (1) It is not intended by this ordinance to
Seminole Tribe of Florida and that does not incor- interfere with or abrogate or annul any ease-
porate any electrical,plumbing or other non-wood ments, covenants or other agreements between
features. parties.
Transient commercial means any one, or a (2) That where this ordinance imposes a greater
combination of the following businesses oriented restriction upon the use of buildings or premises,
to serving either village residents or the motoring or upon the height of buildings, or requires larger
public(i.e.in transit through or visiting the area); open spaces than are imposed or required by
(1) the sale of fuel, convenience goods and/or other ordinances, rules, regulations or by ease-
minor vehicular repair services; (2) hotel and/or ments, covenants, or agreements, the provisions
motel accommodations; (3) restaurant facilities; of this ordinance shall control.
(4) florist, tobacco store and stand, and hobbies,
toys and games. Sec. 45-5. Changes and amendments.
Used shall be deemed to include the words The village council may, from time to time, on
"arranged" "designed" or "intended to be used."
its own motion or on petition, amend, supple-
Yard is the open space on the same lot with the ment, change, modify or repeal by ordinance the
main building,unoccupied and unobstructed from boundaries or districts or regulations or restric-
the ground upward. tions herein established, after public hearing.
Xeriscape means a method of water conserva- Sec. 45-6. Penalty for violation of provi-
tion gained through the utilization of trees,shrubs, sions.
vines,plants,groundcover and turf grasses which
are drought tolerant. The implementation of ap- Any person who shall violate any of the provi-
propriate planning and design, use of soil amend- sions of this ordinance or fail to comply therewith
ments, efficient irrigation, practical turf grass, or with any of the requirements thereof, or who
use of drought tolerant plants, mulches and ap- shall build or alter any building in violation of any
propriate maintenance results in reduced water detailed statement or plan submitted and ap-
consumption but still provides a very wide range proved thereunder, upon conviction thereof shall
of attractive landscaping alternatives. be punished as provided in section 1-8 [of the
(Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82; Ord. village Code],and each day such violation shall be
No. 9-85, § 1,6-27-85;Ord.No. 17-90, § 1,6-28-90; permitted to exist shall constitute a separate
Ord. No. 21-90, § 1, 6-28-90; Ord. No. 23-90, § 1, offense. The owner or owners of any buildings or
6-28-90; Ord. No. 10-95, § 1, 3-23-95; Ord. No. premises or part thereof, where anything in vio-
23-95, § 1, 7-17-95; Ord. No. 29-95, § 1, 9-28-95; lation of this ordinance shall be placed, or shall
Ord. No. 4-98, § 1, 1-2-98; Ord. No. 05-2001, § 1, exist,and any architect,builder,contractor,agent,
3-8-01; Ord. No. 26-2001, § 1, 8-23-01; Ord. No. person or corporation employed in connection
2009-04, § 2, 4-23-09; Ord. No. 2010-21, § 4, therewith shall each be guilty of a separate of-
11-18-10; Ord. No. 2011-02, § 2, 2-10-11) fense and upon conviction thereof shall be pun-
Cross reference—Definitions for Code in general, § 1-2. ished as provided in section 1-8.
supp. No. 50 2483
§ 45-7 NORTH PALM BEACH CODE
Secs. 45-7-45-15. Reserved. sider the characteristics of the proposed use,
including, but not limited to, size, intensity, den-
sity, operating hours, demands for public facili-
ARTICLE II. GENERALLY ties, traffic impacts and business practices.
Sec. 45-16. Division of village into districts; (c) Upon review and evaluation of the applica-
districts enumerated. tion, the community development director shall
present his or her recommendation to the village
In order to classify, regulate and restrict the council for final consideration on the next avail-
uses of land and buildings, the height and bulk of able council agenda.
buildings,the amount of open spaces about build-
ings, intensity of land use, the Village of North (d) The village council shall conduct a public
Palm Beach, Florida is divided into twelve (12) hearing on the application for special use permit
zoning districts, as follows: and determine whether the application meets the
criteria set forth in subsection (b) above. The
R-1 Single-family dwelling district village council shall grant or deny the application
R-2 Multiple-family dwelling district by written order.
R-3 Apartment dwelling district
C-A Commercial district (e) In granting a special use permit,the village
C-lA Limited commercial district council may impose conditions necessary to en-
sure that the proposed use:
CB Commercial district
C-1 Neighborhood commercial district (1) Is compatible with the existing or planned
C-2 Automotive commercial district character of the neighborhood in which it
C-3 Regional business district would be located;
P Public district
C-OS Conservation and open space (2) Will not have an adverse impact upon
CC Transitional commercial district adjacent properties; and
In the creation of this ordinance of the respec- (3) Will not interfere with the use of adjacent
tive districts, the village council has given due properties.
and careful consideration to the peculiar suitabil- Such conditions may include restrictions on the
ity of each district for the particular uses and size and operating hours of the proposed use.
regulations applied thereto and to the densities of
population, all in accordance with the comprehen- (f) If the conditions imposed by the special use
sive development plan of the village. permit are not met, the community development
(Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1, director may revoke the permit. A permit holder
9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No. may appeal the revocation of a special use permit
1-95, § 1, 3-23-95; Ord. No. 33-97, § 1, 7-10-97) by filing an appeal, in writing, to the Zoning
Board of Adjustment within thirty (30) days of
Sec. 45-16.1. Similar uses. receipt of written notice of revocation.
(Ord. No. 2007-16, § 2, 10-25-07)
(a) A use within a commercial zoning district
not specifically listed as a permitted use, but Sec. 45-17. Official zoning map.
possessing characteristics similar to a permitted
use, may be established upon written application (1) Adopted by reference. The aforesaid dis-
to the community development director fora tricts and the boundaries thereof are as shown
special use permit. upon the "official zoning map" which, together
with all explanatory matter thereon, is hereby
(b) In evaluating an application for a special adopted by reference and declared to be part of
use permit for the establishment of a similar use, this ordinance as if the information set forth on
the community development director shall, in the map was all fully described and set out
consultation with other village departments, con- herein.
supp. No. 50 2484
APPENDIX C ZONING § 45-17
(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 under 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 entered on a new official
zoning map promptly after the amend-
ment has been approved by the Village
Council.The new official zoning map shall
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 or 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. No. 50 2485
APPENDIX C ZONING § 45-35.3
2) Adequate screening and buffer- 13. Funeral home means an establishment
ing from residential districts, engaged in preparing deceased human
uses and structures; and beings for burial, and managing and ar-
3) Adequate access, ingress and ranging funerals. A funeral home shall
egress. comply with the following supplementary
use standards:
9. Dry cleaning means an establishment that
provides for cleaning of fabrics with sol- a. A funeral home use shall not include
a crematory.
vents.
b. In approving a conditional use for a
10. Dwelling unit. funeral home,the village shall make
a. A dwelling unit shall not be located a determination the use is appropri-
on the ground floor of any building ately located, considering the follow-
or structure. ing guidelines;
b. Parking shall be provided at a min- 1) Proper functioning of the site
imum of one and one-half(11/2)spaces as related to vehicular stack-
per dwelling unit, exclusive of park- ing, circulation and turning
ing required for nonresidential uses. movements;
11. Emergency health care facility means an 2) Adequate buffering from resi-
establishment not affiliated with a hospi- dential areas; and
tal or hospital emergency room,providing 3) Provision of adequate ingress,
walk-up emergency medical care. egress, and access.
12. Financial institution means an establish- 14. Hotel motel means a commercial establish-
ment open to the general public and en- ment used, maintained or advertised as a
gaged in deposit banking. Typical uses place where sleeping accommodations are
include commercial banks, savings insti- supplied for short term rent to tenants.
tutions and credit unions, and may in- The establishment may be constructed in
clude outdoor automated teller machine a building or a group of buildings and may
and drive-through facilities. A financial include one or more accessory uses such
institution shall comply with the follow- as dining rooms or convenience stores. A
ing supplementary use standards. hotel/motel use shall comply with the fol-
a. A financial institution with more than lowing supplementary use standards:
three (3) drive-up units or two (2) a. The number of sleeping units shall
drive-up units and a drive-up auto- not exceed one (1) per thousand
mated teller machine shall be ap- (1,000) square feet of lot area.
proved only as a conditional use. In b. Accessory uses, including lounges,
approving a conditional use, the re- dining and retail sales shall not ex-
viewing board shall make a finding ceed thirty (30)percent of the entire
that the use is appropriately located, gross floor area of the principal struc-
considering the following guidelines: tures.
1) Proper functioning of the site 15. Laboratory, general means a facility used
as related to vehicular stack- for testing, research, experimentation,
ing, circulation and turning quality control or prototype construction,
movements; excluding routine manufacturing, repair,
2) Adequate buffering from resi- maintenance, or similar activities.
dential areas; and 16. Laboratory, medical or dental means an
3) Provision of adequate ingress, establishment which performs medical
egress, and access. tests, or the construction or repair of
Supp. No. 50 2510.7
§ 45-35.3 NORTH PALM BEACH CODE
prosthetic devices, provided such testing include live entertainment.The establish-
or work is performed at the written order ment shall not sell liquor or alcoholic
of a licensed physician or dentist. beverages for off-premises consumption.
17. Laundry service means an establishment The restrictions of this section shall not
that provides home type washing, drying, apply to any bona fide restaurant as de-
dry-cleaning, or ironing machines for hire fined and licensed under Florida Statutes
to be used by customers on the premises, as a restaurant with full kitchen facili-
or that is engaged in providing laundry ties. A nightclub, bar or lounge shall be
and dry-cleaning service with customer subject to the following supplementary
drop-off and pickup. use standards:
18. Marinalprivate mooring means a dock or a. A night club, bar or lounge shall not
basin supplying secure moorings for boats. be located within two hundred fifty
Marinas shall comply with the following (250) feet of a residential district,
use or structure, nor within seven
supplementary use standards. hundred fifty (750) feet of another
a. A marina shall provide at each boat nightclub, bar or lounge use as mea-
slip an individual sewer and water sured by the nearest points of prop-
hook-up that shall be connected to a erty lines on any two (2) parcels of
sewage and potable water supply land occupied or to be occupied for a
system approved by the Palm Beach night club, bar or lounge.
County Health Department. 1) The distance to residential may
b. All docks shall extend beyond the be reduced for those properties
shallow water depth. adjacent to the Earman River
upon application to the village
permitted.C. accessory marine store shall be as part of the conditional use
permitted. application.
19. Medical or dental office or clinic means a 2) Conditional use approval may
facility providing health care services to be subject to additional site de-
the public by physicians, dentists, chiro- sign requirements to reduce im-
practors, osteopaths, physical therapists, pacts on neighboring residen-
nurses,acupuncturists,podiatrists,optom- tial districts or uses.
etrists, psychiatrists or others who are
duly licensed to practice their respective b. Outdoor or open areas shall be per-
medical or dental profession in the State mitted subject to a finding by the
of Florida, as well as those technicians reviewing board that the location or
and assistants who are acting under the design of the outdoor or open area
supervision and control of a licensed health shall not have a negative impact on
care practitioner. These uses shall not neighboring residential districts,uses
include establishments where patients are or structures.
lodged overnight and are subject to addi- C. A nightclub, bar or lounge contained
tional regulations regarding the dispens- within an office,hotel or motel struc-
ing of controlled substances set forth in ture shall be considered as an acces-
section 45-36.5 of this chapter. sory use and shall not exceed thirty
20. Nightclub, bar or lounge means an estab- (30)percent of the gross floor area of
lishment engaged in the preparation and the entire structure.
retail sale of alcoholic beverages for con- 21. Nursery, retail and garden supplies means
sumption on the premises, including tav- an establishment which sells trees,shrubs,
erns, bars, cocktail lounges and similar groundcover,sod,and other types of plants,
other uses.A nightclub,bar or lounge may tools, lawnmowers and related power
supp. No. 50 2510.8
APPENDIX C ZONING § 45-35.3
equipment, fertilizer and pesticides, gar-
den furniture, mulch and other types of
groundcover and similar items used for
landscape lawn maintenance and land-
scape purposes. Retail landscape nursery
Sapp. No. 50 2510.8.1
APPENDIX C ZONING § 45-35.3
C. Dumpsters and similar containers. Dump- 3. Concrete stamped with a pattern.
sters and similar containers, including recycling
bins, compactors, etc., shall be screened in a E. Retaining walls. Retaining walls shall be
manner consistent with the following: constructed as necessary,provided such walls are
constructed utilizing the same architectural style,
1. Similar containers shall be located only at materials, and color of the principle structure.
the rear of a building or structure.
2. Enclosures shall be constructed in a man- F. Alley screening walls. All new construction
ner consistent with the architectural style, or substantial renovation of existing buildings
color,materials,etc.,of the principal build- and structures shall construct or reconstruct a
ing, and shall screen the dumpsters on all solid masonry or concrete wall a minimum of six
four (4) sides of the enclosure from public (6) feet in height.
view. 1. The wall shall be located along the rear
a. An opaque concrete wall or similar property line of the parcel being im-
material shall screen both sides and proved.
the rear of such facilities. 2. Chain link and wooden fences are prohib-
b. The front of a screen enclosure shall ited.
be gated and shall consist of durable
opaque materials consistent with the 3. Properties within the marine district of
overall design of the project. the NBOZ are exempt from this require-
c. Dependent upon the location of an ment.
enclosure on the site, landscaping G. Underground utilities. The village may re-
may be required in addition to the quire existing overhead utilities to be placed
opaque screening material. underground when located on properties subject
3. Alternative dumpster location. When it is to new construction or substantial renovation.
not possible to locate the enclosure in the H. Shopping carts. If a use requires shopping
rear of the site, the dumpster shall be carts, they shall not be allowed to accumulate in
enclosed by landscaping to the greatest any outside area including parking lots and load-
extent possible. ing areas, and shall be removed from cart corrals
4. Access to the dumpster should be pro- in a timely manner and relocated to designated
vided from a secondary street. storage areas near the principle structure.
5. Enclosures are to be designed to provide I. Mailboxes. Mailboxes,including special drop
space to accommodate recycling bins. boxes,may be clustered within buildings,grouped
D. Sidewalks. Sidewalks shall be provided along under a kiosk, or individually freestanding. In all
all roadways on both sides of the street. At cor- cases the design and installation of mailboxes
ners handicapped ramps shall be provided and shall comply with the following standards:
sidewalks shall continue across driveway and 1. The village and the U.S. Postal Service
parking lot surfaces using decorative paving ma- shall approve the size, type, and location
terials to delineate crosswalks. All new construc- of mailboxes.
tion or substantial renovation of existing build-
ings and structures shall include one (1) or more- 2. Mailboxes shall be landscaped consistent
clearly delineated walkways from the public with and architecturally compatible to
sidewalk to the private sidewalk, arcade, pedes- the development.
trian way, etc. Examples of other complementary
materials include the following: J. Satellite dishes. Satellite dishes may be in-
stalled provided the dishes are not visible from
1. Paver blocks or alternative style or color; any street, and the color is compatible with the
2. New and used brick; and surrounding environment. Plans for the installa-
Supp. No. 50 2510.57
§ 45-35.3 NORTH PALM BEACH CODE
tion of communication equipment, such as dishes
and antennas, shall be submitted for review dur-
ing the planning phase of a project.
K. Telephones, vending machines, and newspa-
per racks. All public telephones, vending ma-
chines,newspaper racks,and facilities dispensing
merchandise or services on private property shall
be enclosed within a building, enclosed within a
structure, attached to a building, or enclosed in a
separate area.
1. Attached and freestanding structures shall
be landscaped consistent with and archi-
tecturally compatible with the principal
structure.
2. Public telephones.Wall-mounted and free-
standing public telephones visible from a
public right-of-way shall be fully or par-
tially enclosed.
3. Vending machines.
a. Vending machines dispensing bever-
ages,food,ice, and related consumer
products shall not be visible from a
public right-of-way.
b. Vending machines may be located in
outdoor enclosures,provided such en-
closures are constructed utilizing the
same architectural style, materials,
and colors as the principal structure.
(Ord. No. 05-2003, § 1, 2-27-03; Ord. No. 2011-02,
§ 3, 2-10-11)
Sec. 45-36. General provisions.
The provisions of this article shall be subject to
the following provisions and exceptions:
A. Chimneys, water tanks, radio or televi-
sion towers,telecommunications antenna/
towers, church spires, elevator lofts, flag-
poles and parapet walls may be erected
above the height limits herein estab-
lished.
A-1. No addition to any building and no struc-
ture or object shall be erected, placed or
maintained or built to a height which
Sapp. No. 50 2510.58
APPENDIX C ZONING § 45-36
mit, the lot owner shall submit a b. The exemption shall remain in
planting plan to the community de- place for so long as the permit
velopment department indicating the or approval remains active,pro-
method of ground treatment and iden- vided that active construction
tifying existing trees and palms to be activities commence within the
preserved and non-native and exotic one hundred and twenty-day
species to be removed. The depart- period. In order to qualify for
ment shall not issue the demolition the exemption, the lot owner
permit until the planting plan has shall submit an affidavit stat-
been submitted and approved. ing that the above require-
ments shall be met at the time
(6) Maintenance. The lot shall be main- the application for the demoli-
tained in accordance with the require- tion permit is submitted.
ments of chapters 14 and 15 of the C. A property owner may apply for
village Code of Ordinances. Mainte- one extension of the exemption
nance shall terminate upon the com- period for a period of time not
mencement of active construction ac- to exceed sixty (60) days.
tivities in accordance with a valid
and active building permit. If con- d. In the event: (1) construction
struction activities cease for more activities do not commence
than thirty (30) days or the building within the one hundred and
permit expires, a new planting plan twenty-day period; (ii) the per-
shall be submitted and implemented. mits or other approvals facili-
tating redevelopment of the
(7) Exemption. property expire;or(iii)construc-
tion activities commence and
a. A lot owner shall be exempt then cease for a period of more
from submitting a planting plan than thirty(30) days, the prop-
and demolishing the existing erty owner shall comply with
driveways, parking areas and all requirements of subsections
accessory structures if the prop- (2) through (6) above within
erty will be redeveloped within thirty (30) days.
one hundred and twenty (120)
days of demolition,as evidenced (8) Existing docks or piers. An existing
by the submittal of an applica- dock or pier adjacent to a formerly
tion for a building permit or developed vacant lot may remain
other development approval at subject to the following conditions:
the time of demolition. The lot a. The use of the dock or pier shall
owner shall certify that the ex- be limited to one vessel;
isting driveways, parking ar- b. The dock or pier shall only be
eas and accessory structures will used for the personal enjoy-
be incorporated into the new ment of the lot owner and shall
construction plan or are neces- not be rented or leased to any
sary to facilitate future construc- third party or used for any com-
tion activities,whichever is ap- mercial purpose;
plicable. Lot owners shall limit
access to swimming pools re- C. No sewer or electrical services
to maining on vacant lots in accor- p ermitted;
p the dock or pier shall be
dance with the applicable build-
ing code requirements for new d. No live aboard vessels shall be
construction. permitted;
Sapp. No. 50 2512.5
§ 45-36 NORTH PALM BEACH CODE
e. The upland portion of the lot stance directly to a patient if
shall not be used for storage, the amount of the controlled
parking or any other accessory substance is only intended to
use or structure until the prin- treat the patient during that
cipal use or primary structure particular treatment session.
is completed; and b. A pharmacist or health care
f. Access to the dock or pier may practitioner when administer-
be restricted as provided in sec- ing a controlled substance to a
tion 45-36(D-1) above. patient or resident receiving care
(9) Enforcement. Violations of this sec- as a patient at a hospital,nurs-
tion shall be enforced as code enforce- ing home, ambulatory surgical
ment violations in accordance with center,hospice,or intermediate
article VI of chapter 2 of the village care facility for the developmen-
Code of Ordinances. tally disabled that is licensed
S. Additional regulations applicable to med- by the State of Florida.
ical or dental offices or clinics. C. Ahealth care practitioner when
(1) Purpose. These regulations are en- administering a controlled sub-
acted to discourage the misuse and stance in the emergency room
abuse of narcotics and other con- of a licensed hospital.
trolled substances such as pain med- d. Ahealth care practitioner when
ications, and to address the impacts administering or dispensing a
upon land uses that are associated controlled substance to a per-
with businesses that operate princi- son under the age of sixteen
pally to dispense pain medications (16).
for chronic pain but without the ser- e. Ahealth care practitioner when
vices of typical medical offices that dispensing a one-time, seventy-
provide thorough on-site examina- two (72) hour emergency re-
tions, medical treatments or proce- supply of a controlled substance
dures and continued medical over- to a patient.
sight. Such businesses have been
determined to be associated with the (4) Acknowledgment of regulations. The
health care practitioner responsible
excessive use of, addiction to, and
subsequent illegal sales and distri- for the operation or supervision of
bution of controlled substances. any medical or dental office or clinic
shall execute an affidavit acknowl-
(2) Applicability. This section applies to edging the regulations set forth in
all medical or dental offices or clinics subsection (3) above prior to pay-
within the village. ment of the required business tax,
(3) On site dispensing of controlled sub- and annually thereafter upon re-
stances. On-site dispensing of con- newal of same prior the issuance of a
trolled substances that are identi- business tax receipt. Failure or re-
fied in Schedules II, III or IV in fusal to execute the required affida-
Sections 893.03,893.035 or 893.0356, vit shall constitute prima facie evi-
Florida Statutes, is strictly prohib- dence that the subject medical or
ited, unless otherwise expressly per- dental office or clinic is operating in
mitted by statutory or general law. violation of the code of ordinances,
However, the following are exempt which may result in code enforce-
from this prohibition: ment action, revocation of business
a. Ahealth care practitioner when tax receipt, and/or any other action
administering a controlled sub- permitted by law.
supp. No. 50 2512.6
APPENDIX C ZONING § 45-37
(5) Applicability to existing uses. The (4) Acknowledgment of regulations. The
prohibition set forth in subsection owner or operator of a pharmacy or
(3) above shall not apply to existing drug store shall execute an affidavit
pain management clinics, as defined acknowledging the regulations set
by Chapters 458 and 459, Florida forth in subsection (3) above prior to
Statutes, operating as of February payment of the required business
11, 2010, provided that such estab- tax, and annually thereafter upon
lishments comply with all other ap- renewal of same prior the issuance
plicable laws, rules and regulations, of a business tax receipt. Failure or
including statutory registration re- refusal to execute the required affi-
quirements. davit shall constitute prima facie
evidence that the subject pharmacy
T. Additional regulations applicable to phar- or drug store is operating in viola-
macies and drug stores. tion of the code of ordinances,which
may result in code enforcement ac-
(1) Purpose. These regulations are en- tion, revocation of business tax re-
acted to discourage the misuse and ceipt,and/or any other action permit-
abuse of narcotics and other con- ted by law.
trolled substances such as pain med- (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No.
ications, and to address the impacts 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. 11-75, § 1,
upon land uses that are associated 9-11-75; Ord. No. 2-76, § 1,2-26-76;Ord. No. 3-77,
with pharmacies affiliated with med- § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No.
ical or dental offices or clinics that 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91;
operate principally to dispense pain Ord. No. 20-95, § 1, 7-27-95; Ord. No. 34-96, § 1,
medications. Such businesses have 8-22-96; Ord. No. 3-97, § 1, 1-9-97; Ord. No. 12-97,
been determined to be associated §§ 3, 4, 2-27-97; Ord. No. 2-98, § 1, 1-8-98; Ord.
with the excessive use of, addiction No. 6-99, § 1, 1-28-99; Ord. No. 03-2002, § 1, 2,
to, and subsequent illegal sales and 2-14-02; Ord. No. 04-2005, § 1, 2-10-05; Ord. No.
distribution of controlled substances. 2006-28, § 11, 12-14-06; Ord. No. 2010-21, § 5,
(2) Applicability. This section applies to 11-18-10; Ord. No. 2011-02, §§ 3, 4, 2-10-11)
all pharmacies within the village,
including those located within drug Sec. 45-37. Historic site overlay district.
stores.
A. Purpose. The historic site overlay district is
(3) Limitation. No more than fifteen per- used to impose special development restrictions
cent (15%) of the total number of on identified areas. The locations of this overlay
prescriptions sold within a thirty district are established by the Village based on
(30) day period can be derived from the need for special protective measures at those
the sale of Schedule II controlled locations. The historic site overlay district im-
substances as listed in Section 893.03, poses different standards than those that would
Florida Statutes.All pharmacies,in- otherwise apply.
cluding those located within drug
stores, shall be staffed by a state B. Definitions. [For purposes of this section,
licensed pharmacist who shall be the following words shall have the meaning as-
present during all hours the phar- cribed to them in this subsection:]
macy is open for business. This re-
striction shall not apply to a phar- Building. A structure created to shelter any
macy operating as an accessory use form of human activity. This may refer to a house,
to a facility licensed under Chapter barn, garage, church, hotel, or similar structure.
395, Florida Statutes (e.g. hospital). Buildings may refer to a historically or architec-
supp. No. 50 2512.7
§ 45-37 NORTH PALM BEACH CODE
turally related complex, such as municipal build- D. Initiation of placement on local register.
ings, or a house and barn. Parking lots and Placement of sites, buildings, structures, objects
garages are hereby deemed to be "buildings." or districts on the local register may be initiated
Cultural resource.Asite,object,structure,build- by the village council. In addition,placement may
ing or district listed in the Village's register of be initiated by the owner of the site, building,
historic sites. structure, object or area; or, in the case of a
district, by the owner of a site, building, struc-
Demolition. The tearing down or razing of ture, object or area within the proposed district.
twenty-five (25) percent or more of a structure's By adoption of this ordinance, those sites within
external walls. the Village of North Palm Beach that have been
District. A geographically definable area pos- classified as a "Florida historic site" by the Divi-
sessing a significant concentration, linkage, or Sion of Archives, History and Records Manage-
continuity of sites, buildings, structures, objects, ment, Florida Department of State, are hereby
or areas,which are united historically or aesthet- placed on the local register.
ically by plan or physical development. A district E. Placement on local register. The following
may be comprised of individual resources which procedure shall be followed for placement of sites,
are separated geographically but are linked by buildings, structures, objects, areas and districts
association or history. on the local register:
Object. A material thing of functional, aes- 1. A nomination form, available from the
thetic, cultural, historical or scientific value that department of community development,
may be, by nature of design, movable, yet related shall be completed by the applicant and
to a specific setting or environment. returned to the department.
Ordinary maintenance. Work which does not 2. Upon receipt of a completed nomination
require a construction permit and that is done to form,including necessary documentation,
repair damage or to prevent deterioration or the director shall place the nomination on
decay of a building or structure or part thereof as the agenda of the next regularly sched-
nearly as practicable to its condition prior to the uled meeting of the village planning com-
damage, deterioration, or decay. mission. If the next regularly scheduled
Original appearance. That appearance (except meeting of the planning commission is too
for color) which, to the satisfaction of the village close at hand to allow for the required
council, closely resembles the appearances of ei- notice to be given,the nomination shall be
ther: placed on the agenda of the succeeding
regularly scheduled meeting.
(1) The feature on the building as it was 3. Adequate notice of the planning commis-
originally built or was likely to have been sion's consideration of the nomination shall
built, or be provided to the public at large, and to
(2) The feature on the building as it presently the owner(s)of the nominated property(ies),
exists so long as the present appearance at least fifteen(15) days in advance of the
is appropriate, in the opinion of the vil- meeting at which the nomination will be
lage council, to the style and materials of considered by the council.
the building.
4. The planning commission shall, within
C. Creation of local register of historic sites. A thirty (30) days from the date of the
local register of historic sites is hereby created as meeting at which the nomination is first
a means of identifying and classifying various on the planning commission agenda, re-
sites, buildings, structures, objects and districts view the nomination and write a recom-
as historic and/or architecturally significant. The mendation thereon for consideration by
local register will be kept by the director of the village council. The recommendation
community development. shall include specific findings and conclu-
Supp. No. 50 2512.8
APPENDIX C ZONING § 45-37
sions as to why the nomination does or F. Criteria for listing on local register.
does not meet the appropriate criteria for
listing on the local register. The recom- 1. A site, building or district must meet the
mendation shall also include any owner's following criteria before it may [be] listed
objection to the listing. If the nomination on the local register:
is of a district, the recommendation shall a. The site, building or district pos-
also clearly specify, through the use of sesses integrity of location, design
maps, lists or other means, those build- setting,materials,workmanship,feel-
ings, objects or structures which are clas- ing and association; and
sified as contributing to the historical
significance of the district. b. The site, building or district is asso-
ciated with events that are signifi-
5. Upon receipt of the recommendation from cant to local, state or national his-
the planning commission to the village tory; or the district site, building,
council,the nomination shall be placed on structure or object embodies the dis-
the agenda of the next regularly sched- tinctive characteristics of a type, pe-
uled workshop of the village council. riod or method of construction, or
represents the work of a master, or
6. Following the village council workshop possesses high artistic values,or rep-
consideration, adequate notice of the vil- resents a significant and distinguish-
lage council's consideration of the nomi- able entity whose components may
nation at a public meeting shall be pro- lack individual distinction.
vided to the public at large(advertisement
for public hearing), and to the owner(s) of 2. A site or building located in a local regis-
the nominated property or properties, at ter of historic sites district shall be desig-
least fifteen (15) days in advance of the nated as contributing to that district if it
meeting at which the nomination will be meets the following criteria:
considered by the council.
a. The property is one which, by its
7. The village council shall, within ninety location, design, setting, materials,
(90) days from the date of the meeting at workmanship, feeling and associa-
which nomination is first on the council's tion adds to the district's sense of
agenda, review the nomination and vote time and place and historical devel-
to accept or reject the nomination. The opment.
decision shall include specific findings and b. A property should not be considered
conclusions as to why this nomination
contributing if the property's integ-
does or does not meet the appropriate rity of location, design, setting, ma-
criteria for listing on the local register. terials,workmanship,feeling and as-
The decision shall also include any own- sociation have been so altered that
er's objection to the listing. If the nomina- the overall integrity of the property
tion is of a district, the decision shall also has been irretrievably lost.
clearly specify, through the use of maps,
lists,or other means,those grounds,build- C. Structures that have been built within
ings, objects or structures which are clas- the past fifty (50) years shall not be
sified as contributing to the historical considered to contribute to the sig-
significance of the district. The nomina- nificance of a district,unless a strong
tion form and the council's recommenda- justification concerning their histor-
tion shall be sent to the planning commis- ical or architectural merit is given or
sion.The nomination shall then be handled the historical attributes of the dis-
as any other rezoning/amendment to the trict are considered to be less than
land use element. fifty (50) years old.
Sapp. No. 50 2512.9
§ 45-37 NORTH PALM BEACH CODE
G. Effect of listing on local register. ateness may be issued by the
l. The department may issue an official cer- director of community develop-
ment.
tificate of historic significance to the owner
of properties listed individually on the iii. Planning commission approval.
local register or judged as contributing to If the work is not "ordinary
the character of a district listed on the maintenance" and will not re-
local register. The director of public ser- sult in the "original appear-
vices is authorized to issue and place ance," a certificate of appropri-
official signs denoting the geographic ateness must be obtained from
boundaries of each district listed on the the planning commission be-
local register. fore the work may be done.
2. Structures and buildings listed individu- C. The following are regulated work
ally on the local register or judged as items:
contributing to the character of a district i. Installation or removal of metal
listed on the local register shall be deemed awnings or metal canopies.
historic and entitled to modified enforce- ii. Installation of all decks above
ment of the Standard Building Code as the first-floor level and/or on
provided by Chapter 1, section 101.5 of the front of the structure.
the Standard Building Code Congress In-
ternational, Inc. iii. Installation of an exterior door
or door frame, or the infill of an
3. No demolition, alteration, relocation or existing exterior door opening.
construction activities may take place ex- iv. Installation or removal of any
cept as provided below. exterior wall, including the en-
H. Certificate of appropriateness. closure of any porch or other
outdoor area with any material
1. When required. other than insect screening.
The installation or relocation of
a. A certificate of appropriateness must V. wood,chain-link,masonry(gar-
den walls)or wrought iron fenc-
be obtained from the planning com-
mission before making certain alter-
ations, described below as regulated ing, or the removal of masonry
work items, contributing structures (garden walls) or wrought iron
fencing.
and structures listed individually on
the local register. vi. The installation or removal of
all fire escapes, exterior stairs
b. For each of the regulated work items or ramps for the handicapped.
listed below, the following applies.
vii. Painting unpainted masonry in-
i. Ordinary maintenance. If the cluding stone,brick,terra-cotta
work constitutes "ordinary and concrete.
maintenance" as defined in this
code, the work may be done viii. Installation or removal of rail-
without a certificate of appro- ings or other wood, wrought
priateness. iron or masonry detailing.
ii. Staff approval. If the work is ix. Abrasive cleaning of exterior
not'ordinary maintenance,"but walls.
will result in the "original ap- X. Installation of new roofing ma-
pearance" as defined in this terials, or removal of existing
code,the certificate of appropri- roofing materials.
Supp. No. 50 2512.10
APPENDIX C ZONING § 45-37
xi. Installation or removal of secu-
rity grilles, except that in no
case shall permission to install
such grilles be completely de-
nied.
xii. Installation of new exterior sid-
ing materials, or removal of ex-
isting exterior siding materi-
als.
xiii. Installation or removal of exte-
rior skylights.
xiv. Installation of exterior screen
windows or exterior screen
doors.
xv. Installation of an exterior win-
dow or window frame or the
infill of an existing exterior win-
dow opening.
d. A certificate of appropriateness must
be obtained from the planning com-
mission to erect a new building or
parking lot within a district listed on
the local register.
e. A certificate of appropriateness must
be obtained from the planning com-
mis-
Sapp. No. 50 2512.11
STATUTORY REFERENCE TABLE
This table shows the location within this Code, either in the text or notes
following the text of references to the state law or related matters.
Section Section
Section this Code Section this Code
1.01 27-31 175.061((7) 2-169
1.01 et seq. 1-2 175.071(1) 2-166
ch. 22F App. B,Art. II, 175.071(8) 2-166
§ 36-10 175.101 26-17
ch. 39 App. C, §45-2 175.333 2-162
Ch. 50 2-181 ch. 177 App. B,Art. I,
50.041 2-181 § 36-2
50.051 2-181 App. B,Art. II,
55.03 29-5(a) § 36-8
ch. 98 Ch. 10 App. B,Art. II,
101.657 10-7 § 36-15
112.181 2-161(e)(9) App. B,Art. IV,
ch. 121 2-155 § 36-27
161.55(1)(d) 6-156 ch. 185 2-167
161.041 6-153 185.05(6) 2-169
161.053 6-154 185.06(1)(b) 2-166
ch. 162 2-174 185.06(7) 2-166
162.12(2) 2-180 185.08 26-16
ch. 163 12.5-1 202.195 29-8(m)
21-1 203.012 26-51, 29-3
21-11 29-5(b)
21-43, 21-44 203.012(5)(b) 26-51
App. B,Art. I, ch. 205 Ch. 17,Art. II
§ 36-2,App. B,Art. 205.043(2),
I, § 36-4 205.043(3) 17-24, 17-25
App. B,Art. II, 205.053 17-20
§ 36-16 205.192 17-22
App. B,Art. VI 210.03 17-33
163.01 2-4(f) ch. 212 26-53
163.161 et seq. 21-01 215.473 2-166
ch. 163.170, App. B,Art. II, 222.17 5-1
§163.3164(17) § 36-10 ch. 252 Ch. 8
163.225(3)(x) (c) 5-86 8-4(a)(2)
163.295 6-150 252.38 et seq. 8-6
163.3161 et seq. Ch. 21,Art. II 253.125 7-19
163.3177 21-44 280.02 2-4(f)
163.3178 6-155 286.011 2-1
21-44 Ch. 316 18-20
163.3180(12) 21-48 316.008 Ch. 18
ch. 166 6-16 316.272 19-117
Ch. 24 316.293 19-117
Ord. No. 2478 § 3 316.1955, 316.1956 18-37
166.021 Ch. 17,Art. II 320.01(1) 14-37
166.221 17-34 ch. 327 Ch. 5
166.231 Ch. 26,Art. III 327.02 5-33
ch. 170 21-2 335.065 App. B,Art. IV,
170.01 Ch. 24 § 36-29.1
ch. 175 2-167 337.29 29-2
Supp. No. 50 2819
NORTH PALM BEACH CODE
Section Section
Section this Code Section this Code
337.401 29-2, 29-3 794.011 19-31
29-5(a), (e) 800.04 19-31
29-6(a) 827.071 19-31
337.401(3) 28-3 ch. 847 App. C, § 45-20
337.403, 337.404 29-7 847.0145 19-31
342.03 Ch. 5 870.041 8-21
362.01 29-2 870.44 8-22
364.02 29-3 870.45 8-22
ch. 373 19-200 872.05 2-104
ch. 380 21-44 893.03 45-36
App. B,Art. II, 893.035 45-36
§ 36-10 893.0356 45-36
380.04 21-103 943.10(6) 2-159
393 App. C, §45-2 943.10(8) 2-159
ch. 394 App. C, §45-2 943.14 2-159
ch. 395 App. C, § 45-36 943.25(13) 1-9
ch. 400 App. C, §45-2
ch. 401 11.5-21
ch. 402 App. C, §45-2
App. C, §45-34.1
402.302(4),
402.302(5) 17-33
413.08 4-27(d)
ch. 419 17-33
App. C, §45-2
ch. 458 App. C, § 45-36
ch. 459 App. C, § 45-36
471.003 29-8(c)(1)
ch. 472 App. B,Art. I,
§ 36-6
ch. 480 App. C, §45-2
ch. 495 1-10
ch. 553 6-16
553.73 6-154
11-11
553.73(2) 6-2
561.01 3-1
561.01 et seq. Ch. 3
563.01 3-1
564.01 3-1
565.01 3-1
628.901 29-12(d)
633.35 2-159
633.025 12-16
633.0215 12-16
ch. 650 Ch. 2,Art. V, Div. 2
2-136
650.02 2-136
658.12 2-4(q)
ch. 760 App. C, §45-2
768.28 29-12(d)
775.082,775.083 2-169(B
2-255
(The next page is 28691
Supp. No. 50 2820
CODE COMPARATIVE'FABLE
Adoption Section
Ord.No. Date Section this Code
8 19-221
9 29-5(a)
10 App. C, § 45-20(9),
(10)
11 App. C, § 45-36 Q(5)
2007-01 1-11-07 2 Added 21-48
2007-03 2- 8-07 2 6-17
2007-10 4-12-07 1 2-52(a)
2 2-54(3)
2007-13 7-12-07 1, 2 2-1
2007-16 10-25-07 2 Added App. C, §45-16.1
2007-17 10-25-07 2 Added 2-166(1)d.
2007-19 12-13-07 2,7 18-34
3 2-173
2007-20 12-13-07 2 Rpld 9-16-9-21
3 9-16-9-19
2007-21 12-13-07 2 14-30(2)
2008-01 1-10-08 2 6-115(F)
2008-02 1-10-08 2 2-148
2008-03 1-24-08 2 10-5
Dltd 10-6-10-8
Rnud 10-9
as 10-6
Dltd 10-10
Rnud 10-13
as 10-7
4 Rpld 10-58-10-64
3 10-76
Rpld 10-77
2008-04 1-24-08 2 5-83
5-85
2008-06 2-28-08 2 Added 19-11
2008-07 4-10-08 2 36-23
2008-09 8-28-08 App. D
2008-15 10-23-08 2 Rpld 14-37-14-52
3 Rpld 14-79-14-83
Added 14-79-14-83
2008-16 10-23-08 2 14-30
2008-17 11-13-08 2 2-4
2008-18 11-13-08 2-5 2-159-2-162
2009-01 1- 8-09 2 Added 14-31
2009-02 1-22-09 2, 3 6-111, 6-112
4 6-114
6 6-115
2009-03 1-22-09 2 9-17(a)
2009-04 4-23-09 2 App. C, §45-2
3 App. C, § 45-19 D.
4 App. C, § 45-27 A.1.
Added App. C, § 45-27 F.
2009-05 5-14-09 2 Added 15-11-15-18
2009-006 6-11-09 2 4-27, 4-28
4-31, 4-32
2009-07 7-23-09 2 17-33
2009-09 7-23-09 2 14-79
2009-11 9-10-09 2 Added 2-251-2-256
2009-15 9-24-09 2 12-16, 12-17
Added 12-18
Supp. No. 50 2891
NORTH PALM BEACH CODE
Adoption Section
Ord.No. Date Section this Code
2009-16 11-12-09 2 21-3
3 5-86
4 6-111(E)(3), (4)
5 21-21(g)
6 App. C, § 45-35.1.Vll
7 App. C, §§45-49,
45-50
2010-01 1-14-10 2 2-159
3 2-161(e)(10)c.
4 2-162
5 2-164(x)
6, 7 2-165, 2-166
8, 9 2-168, 2-169
2010-02 1-28-10 2 Dltd 6-112(L)
Rnbd 6-112(M)—(0)
as (L) (N)
2010-03 1-28-10 2 5-1
3 Rpld 5-18
4 5-25
2010-06 3-11-10 2 24-43(b)
Added 24-43(d)
24-44
24-46, 24-47
3 24-58
2010-07 5-27-10 2 2-146
3 Added 2-146.1
4-14 24-147-24-157
15 Rpld 2-158
16 Rnbd,Amd 2-158.1
as 2-158
2010-08 6-24-10 1-19 App. D
2010-09 7- 8-10 2 Dltd 2-171-2-182
Added 2-171-2-183
2010-10 7-22-10 2 4-27, 4-28
4-31, 4-32
2010-11 7-22-10 2 6-114
2010-38(Res.) 7-22-10 1-4 App. D
2010-21 11-18-10 2 14-80
3 15-2
4 45-2
5 45-36
2011-01 1-27-11 2 6-117
2011-02 2-10-11 2 App. C, §45-2
3 App. C, § 45-35.3
4 Added App. C, § 45-36(S),
(T)
2011-03 2-10-11 2 2-161(8)
2011-04 2-10-11 2 14-31(b)(4)
(The next page is 29331
Supp. No. 50 2892