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Code of Ordinances Supplement 50 èûúð÷íöùíîè÷îèé ìÛÕ× íÖÖÓÙÓÛÐÉÍÖÈÔ×æÓÐÐÛÕ×ÓÓÓ ìÊ×ÖÛÙ×Æ ûØÍÌÈÓÎÕíÊØÓÎÛÎÙ×ÆÓÓ ê×ÛØÍÌÈÓÎÕíÊØÓÎÛÎÙ×ÄÓ ùÔ×ÙÑÐÓÉÈÍÖçÌÈÍøÛÈ×ìÛÕ×Éá ß éÇÌÌÐ×Ï×ÎÈôÓÉÈÍÊÃèÛÚÐ×éô ìûêèó ùôûêè÷ê ùÔÛÊÈ×Ê ûÊÈóùÍÊÌÍÊÛÈ×îÛÏ× ûÊÈóûæÓÉÓÍÎéÈÛÈ×Ï×ÎÈ ûÊÈóóè×ÊÊÓÈÍÊÓÛÐúÍÇÎØÛÊÓ×É ûÊÈóóóð×ÕÓÉÐÛÈÓÆ×  ûÊÈóæûØÏÓÎÓÉÈÊÛÈÓÆ×  ûÊÈæëÇÛÐÓÖÓÙÛÈÓÍÎÉÛÎØ÷Ð×ÙÈÓÍÎÉ  ûÊÈæóèÊÛÎÉÓÈÓÍÎéÙÔ×ØÇÐ×  ùÔÛÊÈ×ÊùÍÏÌÛÊÛÈÓÆ×èÛÚÐ× ìûêèóó ùíø÷íöíêøóîûîù÷é ùÔÛÌÈ×Ê õ×Î×ÊÛÐìÊÍÆÓÉÓÍÎÉ ûØÏÓÎÓÉÈÊÛÈÓÍÎ ûÊÈóóÎõ×Î×ÊÛÐ  ûÊÈóóùÍÇÎÙÓÐ  øÓÆ õ×Î×ÊÛÐÐà  øÓÆ êÇÐ×ÉÍÖìÊÍÙ×ØÇÊ×  ûÊÈóóóûØÏÓÎÓÉÈÊÛÈÓÆ×ùÍØ×  øÓÆ õ×Î×ÊÛÐÐà  øÓÆ ûÇØÓÈùÍÏÏÓÈÈ××  øÓÆ ø×ÌÛÊÈÏ×ÎÈÍÖöÓÎÛÎÙ×  øÓÆø×ÌÛÊÈÏ×ÎÈÍÖê×ÙÍÊØÉ   øÓÆø×ÌÛÊÈÏ×ÎÈÍÖìÇÚÐÓÙéÛÖ×Èà  øÓÆø×ÌÛÊÈÏ×ÎÈÍÖìÇÚÐÓÙåÍÊÑÉ  øÓÆø×ÌÛÊÈÏ×ÎÈÍÖðÓÚÊÛÊà  øÓÆø×ÌÛÊÈÏ×ÎÈÍÖùÍÇÎÈÊÃùÐÇÚ  øÓÆø×ÌÛÊÈÏ×ÎÈÍÖê×ÙÊ×ÛÈÓÍÎ  øÓÆ ø×ÌÛÊÈÏ×ÎÈÍÖùÍÏÏÇÎÓÈÃø×Æ×ÐÍÌÏ×ÎÈ   ûÊÈóæïÛÎÛÕ×Ê   ÄÓ éÇÌÌîÍ îíêèôìûðïú÷ûùôùíø÷ ùÔÛÌÈ×ÊìÛÕ× ûÊÈæì×ÎÉÓÍÎÉÛÎØê×ÈÓÊ×Ï×ÎÈéÃÉÈ×ÏÉ  øÓÆ õ×Î×ÊÛÐÐà  øÓÆ éÍÙÓÛÐé×ÙÇÊÓÈà  øÓÆ ì×ÎÉÓÍÎÛÎØù×ÊÈÛÓÎíÈÔ×Êú×Î×ÖÓÈÉÖÍÊõ×Î ×ÊÛÐ÷ÏÌÐÍÃ××É  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      íù   ûØØ    íù    ûØØ      ûØØ     ûØØ     ûØØ áß éÇÌÌîÍ  ùô÷ùñðóéèíöçìèíøûè÷ìûõ÷é ìÛÕ×îÍéÇÌÌîÍìÛÕ×îÍéÇÌÌîÍ       íù                               ûØØ    ûØØ                                                                                                                       íù             íù íù íù  íù  íù áß éÇÌÌîÍ  éÇÌÌÐ×Ï×ÎÈôÓÉÈÍÊÃèÛÚÐ× èÔ×ÈÛÚÐ×Ú×ÐÍÅÛÐÐÍÅÉÇÉ×ÊÉÍÖÈÔÓÉùÍØ×ÈÍËÇÓÙÑÐÃÛÎØÛÙÙÇÊÛÈ×Ðà Ø×È×ÊÏÓÎ×ÅÔÛÈÍÊØÓÎÛÎÙ×ÉÔÛÆ×Ú××ÎÙÍÎÉÓØ×Ê×ØÖÍÊÙÍØÓÖÓÙÛÈÓÍÎÓÎ×ÛÙÔ ÉÇÌÌÐ×Ï×ÎÈíÊØÓÎÛÎÙ×ÉÈÔÛÈÛÊ×ÍÖÛÕ×Î×ÊÛÐÛÎØÌ×ÊÏÛÎ×ÎÈÎÛÈÇÊ×ÛÊ× ÙÍØÓÖÓ×ØÓÎÈÔ×ùÍØ×úÍÍÑÛÎØÛÊ×ÙÍÎÉÓØ×Ê×Ø 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