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Pages Replaced by Supplement #51 • TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] Supplement History Table SH:1 PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. I.A. Vision Statement 3 Art. II. Territorial Boundaries 5 Art. III. Legislative 10.5 Art. IV. Administrative 15 • Art. V. Qualifications and Elections 17 Art. VI. Transition Schedule 18 Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 137 Div. 1. Generally 137 Div. 2. Rules of Procedure 138 Art. III. Administrative Code 138.1 Div. 1. Generally 138.1 Div. 2. Audit Committee 139 Div. 3. Department of Finance 140 Div. 4. Department of Records 140.1 Div. 5. Department of Public Safety 141 Div. 6. Department of Public Works 142 Div. 7. Department of Library 142 Div. 8. Department of Country Club 142 Div. 9. Department of Recreation 142 Div. 10. Department of Community Development 142.1 • Art. IV. Manager 142.1 Supp. No.50 xi NORTH PALM BEACH CODE Chapter Page Art. V. Pensions and. Retirement Systems 143 Div. 1. Generally 143 Div. 2. Social Security 143 Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 145 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 152.5 Div. 5. Length of Service Award Plan for Volunteer Firefighters 161 Div. 6. ICMA Defined Contribution Pension Plan163 Art. VI. Code Enforcement 163 Art. VII. Alternate Method of Code Enforcement 169 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 269 5. Boats, Docks and Waterways 319 Art. I. In General 321. Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 • Div. 1. Generally 326 Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div. 4. Docks and Piers 328 Div. 5. Erosion Control Structures 333 Art. IV. Marine Sanctuaries 333 Art. V. Waterways Board 334 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. IV. Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.19 Art. VII. Coastal Construction Code 398.19 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Emergency Management 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 510 • Supp.No.50 gii • Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp.No. Page No. Supp.No. • Title page 1 15, 16 33 iii 1 16.1 33 v,vi OC 17, 18 25 vii,viii OC 19 25 ix OC 65 49 x.i,x.ii 1 77 OC 1 79,80 OC xi,xii 50 81,82 25 xii,xiv 50 83 25 xv,xvi 50 133 48 SH:1 50 134.1, 134.2 34 1 25 134.3, 134.4 39 3,4 25 134.5, 134.6 39 5,6 25 135, 136 39 7,8 25 137, 138 39 9, 10 29 138.1, 138.2 33 10.1, 10.2 49 138.3 30 10.3, 10.4 49 139, 140 34 10.5, 10.6 49 140.1, 140.2 28 11, 12 25 141, 142 33 13, 14 25 142.1 33 [1] • Supp.No.50 • NORTH PALM BEACH CODE Page No. Supp.No. Page No. Supp.No. 143, 144 31 385 24 145, 146 47 398.3,398.4 7 147, 148 47 398.5,398.6 45 149, 150 47 398.6.1 45 151, 152 47 398.7,398.8 40 152.1, 152.2 47 398.9,398.10 46 152.3, 152.4 47 398.11,398.12 50 152.5, 152.6 47 398.13,398.14 50 153, 154 46 398.14.1 50 155, 156 46 398.15,398.16 40 157, 158 50 398.17,398.18 50 158.1 50 398.19 50 159, 160 46 399,400 OC 161, 162 46 401,402 OC 162.1, 162.2 46 403 OC 162.3, 162.4 46 453 OC 163, 164 48 455,456 22 165, 166 48 507 22 167, 168 48 509,510 33 169, 170 48 511 . 22 • 211 OC 559 36 213,214 19 561,562 40 263 OC 563 40 265,266 OC 615 36 267,268 48 617,618 36 269 48 671 2 319 29 673 24 321,322 46 695 13 323,324 46 697 13 325,326 46 723 24 326.1 46 725,726 44 327,328 27 727,728 5 329,330 36 729 5 331,332 36 777 OC 333,334 45 779,780 OC 335 45 781,782 OC 381 23 783,784 OC 383,384 33 785,786 OC [2] Supp.No.50 • • CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 787, 788 OC 1236.1 30 789 OC 1237, 1238 16 839 OC 1239, 1240 33 889 39 1241, 1242 33 891,892 40 1289 3 893,894 50 1291, 1292 OC 895 50 1293, 1294 29 945 41 1295 29 947,948 49 1343 4 948.1 49 1345, 1346 45 949,950 41 1347, 1348 45 951 41 1349, 1350 45 997 OC 1350.1, 1350.2 45 999, 1000 22 1351, 1352 33 1051 33 1353, 1354 33 1053, 1054 31 1355, 1356 33 1054.1, 1054.2 31 1356.1 33 1054.3, 1054.4 31 1357, 1358 OC • 1055, 1056 36 1359, 1360 33 1057, 1058 33 1361, 1362 33 1059, 1060 33 1363, 1364 33 1060.1, 1060.2 43 ' 1365, 1366 33 1060.3, 1060.4 43 1366.1, 1366.2 33 1060.5 43 1366.3, 1366.4 33 1061, 1062 8 1367 5 1063, 1064 8 1411 OC 1121 OC 1463 OC 1171 OC 1465, 1466 OC 1173, 1174 28 1517 OC 1175, 1176 36 1519, 1520 OC 1177 36 1521, 1522 47 1225 31 1523 47 1227, 1228 37 1573 24 1228.1 37 1575, 1576 29 1229, 1230 21 1627 9 1231, 1232 21 1629, 1630 27 1233, 1234 33 1631 27 1235, 1236 30 1681 OC [3] Supp.No.50 • . NORTH PALM BEACH CODE Page No. Supp.No. Page No. Supp.No. 1683, 1684 33 2379 33 1684.1, 1684.2 24 2479 9 1685, 1686 OC 2480.1,2480.2 50 1687, 1688 17 2481,2482 50 1689, 1690 17 2483,2484 50 1739 14 2485 50 1741, 1742 21 2486.1,2486.2 41 1781 21 2486.3,2486.4 41 1783, 1784 21 2486.5,2486.6 41 1785, 1786 33 2486.7,2486.8 41 1787, 1788 33 2486.9,2486.10 41 1788.1 33 2487,2488 OC 1789, 1790 21 2488.1,2488.2 18 1791, 1792 21 2489,2490 18 1793, 1794 21 2491,2492 18 1795, 1796 21 2493,2494 18 2043 OC 2495,2496 18 2045,2046 33 2497,2498 32 2046.1 25 2499,2500 32 2047,2048 OC 2500.1 32 411 2049,2050 OC 2501,2502 25 2051,2052 OC 2503,2504 28 2053 OC 2504.1,2504.2 29 2353 OC 2504.3 28 2355,2356 OC 2505,2506 10 2357,2358 33 2507,2508 13 2359,2360 33 2509,2510 32 2361,2362 33 2510.1,2510.2 45 2363,2364 33 2510.2.1 45 2364.1 33 2510.3,2510.4 25,Add. 2365,2366 OC 2510.5,2510.6 25,Add. 2367,2368 37 2510.7,2510.8 50 2368.1 37 2510.8.1 50 2369,2370 OC 2510.9,2510.10 25,Add. 2371,2372 OC 2510.11,2510.12 25,Add. 2373,2374 33 2510.13,2510.14 25,Add. 2375,2376 33 2510.15,2510.16 25,Add. 2377,2378 33 2510.17,2510.18 25,Add. [4] Supp.No.50 III CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 2510.19,2510.20 25,Add. 2879,2880 OC 2510.21,2510.22 25,Add. 2881,2882 14 2510.23,2510.24 25,Add. 2883,2884 14 2510.25,2510.26 25,Add. 2885,2886 19 2510.27,2510.28 25,Add. 2887,2888 25,Add. 2510.29,2510.30 25,Add. 2889,2890 33 2510.31,2510.32 25,Add. 2891,2892 50 2510.33,2510.34 25,Add. 2933,2934 25 2510.35,2510.36 25,Add. 2935,2936 48 2510.37,2510.38 25,Add. 2937,2938 48 2510.39,2510.40 25,Add. 2939,2940 48 2510.41,2510.42 25,Add. 2941,2942 48 2510.43,2510.44 25,Add. 2943,2944 48 2510.45,2510.46 25,Add. 2945,2946 48 2510.47,2510.48 25,Add. 2947,2948 48 2510.49,2510.50 25,Add. 2948.1 48 2510.51,2510.52 25,Add. 2949,2950 47 2510.53,2510.54 25,Add. 2951,2952 48 • 2510.55,2510.56 25,Add. 2953,2954 48 2510.57,2510.58 50 2955,2956 48 2511,2512 49 2957,2958 36 2512.1,2512.2 49 2959,2960 45 2512.3,2512.4 49 2512.5,2512.6 50 2512.7,2512.8 50 2512.9,2512.10 50 2512.11 50 2513,2514 OC 2515,2516 45 2516.1 45 2517,2518 22 2619 48 2819,2820 50 2869,2870 OC 2871 OC 2873 OC 2875,2876 OC 2877,2878 OC [5] • Supp.No.50 • Supplement History Table The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code Book and are considered "Includes." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omits." In addition,by adding to this table with each supplement,users of this Code of Ordinances will be able to gain a more complete picture of the code's historical evolution. Date Include/ Ord. No. Adopted Omit Supp. No. 2010-18 10-28-10 Include 49 2010-21 11-18-10 Include 49 2011-01 1-27-11 Include 50 2011-02 2-10-11 Include 50 • 2011-03 2-10-11 Include 50 2011-04 2-10-11 Include 50 • Supp.No.50 SH:1 1110 ADMINISTRATION § 2-115 (3) Village parks. Operate and maintain all redevelopment planning concepts, zoning village parks. overlays and other such development mat- (Code 1970, §2-42; Ord.No.22-2005, §2,8-30-05) ters. (Ord. No. 2006-23, § 3, 11-9-06) DIVISION 10. DEPARTMENT OF Secs. 2-113;2-114. Reserved. COMMUNITY DEVELOPMENT''` ' Sec. 2-111. Director's duties. ARTICLE IV. MANAGERt The director of community development shall Sec. 2-115. Residency. be responsible for all matters relating to planning and zoning, building permitting and inspection, At the time of his appointment the village and code compliance. manager need not he a resident of the village or (Ord. No. 2006-23, § 3, 11-9-06) Sec. 2-112. Divisions. The department of community development shall be divided into the following divisions: (1) Division of permits and inspections,which shall:(1)working-in coordination with the - village engineer, issue all permits for, and inspect the work involved in,the construe- .. tion of sidewalks, curb cuts, street cuts; (2) inspect all work performed under the provisions of the electrical, plumbing and building codes of the village; and (3) in- spect all premises, including structures and appurtenances thereon,for safety fea- tures. (2) Code compliance division, which shall in- spect, encourage, enforce, monitor and report on compliance with the village's code of ordinances on all properties throughout the village. (3) Planning division, which shall assist the director in modifying and updating the village's land development regulations and zoning code; review development plans for zoning compliance and development issues; interpret state codes; review and provide the director with guidance on village compliance with the comprehen- sive plan; and assist village administra- tion with annexation and development or *Editor's note—See the editor's note to Art.Ill,§12 of the tCharter reference—Provisions relative to village man- Charter. ages,Article IV, §§§ Supp. No. 33 142.1 IDADMINISTRATION §2-137 state,but shall attain residence within the village Sec. 2-118. Budget. limits within one hundred twenty (120) days of The village manager shall furnish the village his appointment and retain village residence dur- ing his period of appointment. each fiscal year with a balanced budget. (Code 1970,§2-26;Ord.No.36-2004, § 1, 12-9-04) (Ord. No. 23-97, § 2, 5-8-97; Ord. No. 15-98, § 1, 7-9-98) Sec. 2-116. Removal. Secs. 2-119-2-121. Reserved. The village council may remove the village Secs. 2-122, 2-123. Reserved. manager at any time by a majority vote of the Editor's note—Ord.No.15-80,§3,adopted July 24,1980, members. In the event the village manager is repealed§§2-122 and 2-123,relative to the appointment and removed from office by the village council without duties of the assistant village manager, respectively. Such good cause during a time that the village manager sections formerly derived from Ord. No. 5-79, § 2, adopted is willing and able to perform his duties, then, in Mar. 8, 1979. that event, the village shall pay the village man- ager the following: Secs. 2-124-2-128. Reserved. (1) Accumulated sick leave and accumulated vacation pay; and ARTICLE V. PENSIONS AND RETIREMENT SYSTEMS (2) Continuation of manager's salary and re- lated insurance benefits under this agree- DIVISION 1. GENERALLY ment for a period of: 0 a. Three (3) months if the termination Secs. 2-129-2-135. Reserved. occurs during the first six(6)months of this contract; DIVISION 2. SOCIAL SECURITY* b. Six (6) months if the termination occurs thereafter; and Sec. 2-136. Declaration of policy. (3) The village shall maintain at its expense It is hereby declared to be the policy and the insurances that cover the manager purpose of the village to extend, effective as of and his dependents for the months that October 1, 1956, to the employees and officials the village is obligated to continue salary thereof,not excluded by law,nor excepted herein, and benefit payments to the manager. the benefits of the system of old-age and survivors insurance as authorized by the Federal Social The payments specified above shall relieve the Security Act and amendments thereto, and by village of all obligations to the manager. F.S. Chapter 650, as amended; and to cover by (Code 1970, § 2-26; Ord. No. 11-89, § 1, 5-25-89; such plan all services which constitute employ- ment as defined in F.S. section 650.02, performed Ord. No. 23-97, § 1, 5-8-97; Ord. No. 36-2004, § 2, in the employ of the village by employees and 12-9-04) officials thereof. (Code 1970, §26-11;Ord.No.22-2001,§ 1,8-9-01) Sec. 2-117. Bond. Sec. 2-137. Exclusions from coverage. The village manager shall furnish a surety bond to be approved by the council, such bond to There is hereby excluded from this article any be conditioned on the faithful performance of his authority to include in any agreement entered duties. The premium of the bond shall be paid by into under section 2-138 of this article any ser- 0 the village. *State law reference—Social security for public employ- (Code 1970, § 2-28) ees,F.S. Ch.650. Supp.No.31 143 §2-137 NORTH PALM BEACH CODE S' vice, position, employee, or official covered as of Sec. 2-141. Records and reports. I. . . .. , •- , . . - - - - . . a then existing retirement system. (Code 1970, § 26-12) The village shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall Sec. 2-138. Agreement authorized. adhere to the regulations of the state agency. The mayor is hereby authorized and directed to (Code 1970, § 26-16) execute all necessary agreements and amend- ments thereto with the division of retirement of Sec. 2-142. Withholding and reporting agent. the department of administration,as state agency, for the purpose of extending the benefits provided by the federal system of old-age and survivors (a) The village treasurer is hereby designated insurance to the employees and officials of the the custodian of all sums withheld from the village as provided in section 2-136,which agree- compensation of officers and employees and of the ment shall provide for such methods of adminis- appropriated funds for the contribution of the tration of the plan by the village as are found by village pursuant to this division. the state agency to be necessary and proper, and shall be effective with respect to services in em- ployment covered by such agreement performed (b) The village clerk is hereby made the with- on and after the first day of October, 1956. holding and reporting agent and charged with the (Code 1970, § 26-13) duty of maintaining personnel records for the purpose of this division. Sec. 2-139. Withholding from wages. (Code 1970, § 26-17) Withholdings from salaries, wages, or other compensation of employees and officials for the Sec. 2-143. Social Security Act adopted. purpose provided in section 2-136 are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by The village does hereby adopt the terms, con- applicable state or federal laws or regulations, ditions,requirements,reservations,benefits,priv- and shall be paid over to the state agency desig- ileges and other conditions thereunto appertain nated by law or regulations to receive such ing,of title II of the Social SecurityAct as amended, amounts. for and on behalf of all officers and employees of (Code 1970, § 26-14) its departments and agencies to be covered under the agreement. (Code 1970, § 26-18) Sec. 2-140. Appropriations by village. Editor's note—Title II of the Social Security Act is found in the United States Code (and United States Code Anno- There shall be appropriated from available tated),Title 42,§§401-425. funds,derived from the general fund,such amounts, at such times,as may be required to pay promptly the contributions and assessments required of the village as employer by applicable state or federal Secs. 2-144, 2-145. Reserved. laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regula- tion. (Code 1970, § 26-15) Supp.No.31 144 i 110 BOATS,DOCKS AND WATERWAYS §5-83 (b) Boat davits and other boat-lifting devices d. All piling are to be set a maximum of shall require a building permit. ten (10) feet on center for timber (c) Docks, piers, mooring buoys and anchors deck construction. and other waterside structures shall require a (2) Stringers and bracing. Stringers and brac- building permit. ing, if lumber, shall be a minimum two- (Code 1970, § 11-33; Ord. No. 3-71, § 2; Ord. No. inch by eight-inch. 10 2000, § 1, 4-13-00) (3) Decking. Decking, if lumber, shall be a Sec. 5-83. Minimum design requirements. minimum two-inch by six-inch. (a) Coverings. Any sun, wind or weather cov (4) Fasteners. ering to be constructed over a dock or pier shall a. All bolts, nuts, washers and nails require a permit and shall be classified as a shall be hot dipped galvanized or canopy and shall meet the building code as such. zinc plated or equal. (b) Decking elevation. The main deck of a dock b. Stringers and braces shall be fas- or pier shall be placed at a minimum of three and tened with minimum one-half-inch five-tenths (3.5) feet above mean sea level. The bolts. steps from the ground or bulkhead cap shall not (5) Dock lumber. All dock lumber shall be exceed seven (7) inches for each step. pressure treated or equal. (c) Wave break. The bottom wave breaking (6) Concrete strength. All concrete shall be a stringer shall not extend below mean low water. minimum strength of thirty-five hundred ' . (d) Floating docks. Free-standing piling for (3,500) psi in twenty-eight (28) days. floating docks shall be a minimum schedule 40, (7) Blocks. If dock is to be supported by a six-inch diameter, pea rock concrete filled steel bulkhead,four-inch by four-inch blocks or pipe or six-inch plastic pipe filled with pea rock equal shall be bolted to bulkhead wall; concrete and two (2) equally spaced number four stringer shall be bolted to four-inch by reinforcing bars, suitably tied. Attaching rings four-inch blocks. shall be steel or chain. Smaller piling may be allowed when properly structurally designed. (f) Structural equivalents permitted. Docks and piers of other design and material may be permit- (e) Construction material. Construction mate- ted when structurally equivalent to the above. rial for piers and docks shall meet the following requirements: (g) Commercial docks and piers. All commer- (1) Piling. cial docks and piers are to be designed by a Florida registered professional engineer. • a. Minimum bottom penetration is to be six (6) feet. (h) Dolphins and tie poles. b. Concrete piling is to be minimum (1) Bottom penetration is to be a minimum of eight-inch by eight-inch or eight- six (6) feet. inch diameter reinforced with four (4)number five(5)rods with number (2) Materials and construction are to be the two (2) hoops eight (8) inches on same as dock and pier pilings. center. (i) Commercial marinas. All fixed docks and c. Wood piling is to be minimum ten- piers to be constructed in commercial marinas inch butt diameter and the treat- shall be concrete or equal. ment shall conform to AWPB MP1, MP2 or MP4. Pile cutoff shall be (j) Batter piles. treated in accordance with AWPA (1) Batter piles are to be designed by a Flor- ioM4. ida registered professional engineer. Supp.No.36 329 §5-83 NORTH PALM BEACH CODE (2) Batter piles are to be constructed of pre- dead end of a lagoon,a dock or a pier may stressed concrete. be placed zero(0)feet from the side prop- (3) A building permit shall be required prior erty line extended when all the following to construction for all batter piles. requirements are complied with: (4) Batter piles shall be installed only under a. The lot/lots shall be in a R-1 Single the following conditions: Family Dwelling District. a. Obstructions prevent use of Stan b. Building permits shall be obtained dard tiebacks and anchors to rein as required by section 5-82 of this force bulkheads. chapter. b. Existing bulkhead has failed or is in c. At least one (1) lot shall have less danger of failing. than seventy-five (75) feet frontage on the water. c. Not to be used in the construction of new bulkheads. d. A dock or pier,but not both, shall be constructed at the same time on both (5) Base of batter pile shall extend a maxi- mum of five (5) feet from the waterside sides of the common property line in face of the bulkhead. question. The dock or pier on a lot shall be structurally independent of (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. the dock or pier on the adjacent lot. 35-90, §§ 2-6, 9-27-90; Ord. No. 2008-04, § 2, 1-24-08) (5) Docks shall extend a maximum of five(5) feet out from the face of the bulkhead Sec. 5-84. Regulations governing construc- wall. tion in waters other than Lake (6) a. Piers not exceeding six (6) feet in Worth and Atlantic Ocean. width may extend waterside a max- All docks or other approved structures to be imum of fifteen (15) feet in lagoons, constructed waterside of bulkheads or land in the twenty (20) feet in the North Palm lagoons,waterways or other bodies of water in the Beach Waterway,twenty-five(25)feet village, other than the waters of Lake Worth and in West Lake and forty (40) feet in the Atlantic Ocean, shall be constructed in accor North Lake and not more than twen dance with the following requirements and regu ty five (25) percent of the waterway lations: width of the Earman River; pro- vided, however, that, a pier may ex- (1) Prior to a permit being issued by the tend waterside'a maximum of fifty- village, a permit shall be obtained from five (55)feet when connected with a such other authority that has a vested commercial marina operation in a interest in the waterway. commercial zoned piece of property (2) In regard to construction waterside of any so long as said construction leaves a lot having fifty-foot or less frontage on the minimum clear water distance of forty water, docks shall not be placed within (40) feet between the pier and any five (5) feet of the side property line ex- opposite bulkhead or water struc- tended. ture which may be constructed in accordance with this chapter. Piers (3) In regard to construction waterside of any located in the Earman River may be lot having greater than fifty-foot frontage constructed with "L" or "T" heads on the water, docks shall not be placed provided the maximum allowable within ten (10) feet of the side property length waterside is reduced by twelve line extended. (12) feet. No pier shall be located (4) Dead end lagoon. In regard to construc- closer to the side property line ex- tion waterside of any platted lot at the tended than its extension waterside. ," Supp.No.36 330 • BOATS,DOCKS AND WATERWAYS §5-85 b. Piers located on Teal Way in Pros- Sec. 5-85. Regulations governing construc- perity Harbor may not exceed six(6) tion in Lake Worth and Atlantic feet in width and shall be a maxi- Ocean. mum of forty(40) feet in length. All residential piers, docks or other approved Piers located per this section shall not be structures to be constructed waterside of the closer to the side property line extended bulkhead line or land of the village in Lake than half of its extension waterside of the Worth, or the mean low-water mark of the Atlan- bulkhead. tic Ocean, shall meet the following regulations and requirements: (7) In lagoons, dolphin poles, wave breaks, mooring posts, mooring buoys or floating (1) The design of any pier to be constructed anchors shall be placed a maximum of under the provisions of this division shall twenty(20)feet from the face of the bulk- be performed by an engineer registered in head or the shore. Wave breaks shall be the state,and detailed construction draw- allowed only at lagoon entrances opening ings shall be submitted bearing the certi- into Lake Worth. fication and seal of such engineer. (2) Prior to a permit being issued by the (8) In the North Palm Beach Waterway, dol village, a permit shall be obtained from phin poles, mooring posts, mooring buoys such other authority that has a vested or floating anchors shall be placed a max- interest in the waterways. Nothing con- imum of thirty (30) feet from the face of tained in this division shall be construed the bulkhead of the shore. to affect the rights or obligations con- nected with spoil areas located in Lake (9) In the Earman River,dolphin poles,wave Worth within one hundred (100) feet breaks, mooring posts, mooring buoys or lakeward of the bulkhead line referred to floating anchors shall be placed not more above and the granting of a permit by the than twenty-five (25) percent of the wa- village does not release the applicant from terway width from the bulkhead or the personally determining what, if any, ef- shore. Wave breaks shall be allowed only fect such spoil areas may have upon any at the entrance to Lake Worth. construction done in accordance with this (10) In West Lake,and North Lake, and water division. front properties along Teal Way, dolphin (3) No pier shall extend beyond a line fifty poles, mooring posts, mooring buoys or (50) feet waterside from and parallel to floating anchors shall be placed a maxi- the bulkhead line of the village. mum of fifty(50)feet from the face of the bulkhead or the shore. (4) The centerline of all piers shall be on a uniform alignment. (11) Dolphin or mooring post location shall be (5) Piers may be constructed with "L" heads inside the side property line extended and or"T"heads of fifty(50)feet.A finger pier shall be determined by the building de- shall not exceed twenty-two (22) feet in partment. length and shall be a maximum of six(6) (12) In no instance shall any structure extend feet and a minimum of three (3) feet in width. more than twenty-five (25) percent of the width of the water. (6) No point on any pier shall be closer than (Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No. twenty (20) feet to either side property 6-73, § 1; Ord. No. 36-95, §§ 1, 2, 12-14-95; Ord. line projected along a line parallel to the No. 28-98, §§ 1-3, 12-10-98; Ord. No. 09-2001, pier center line or closer than forty (40) 4111k § 1, 4-12-01; Ord. No. 27-2003, § 1, 9-9-03) feet to any part of another pier. Supp.No.36 331 §5-85 NORTH PALM BEACH CODE .� (7) All piers and docks shall be constructed unnecessary and undue hardship. In order to with all major components including pil- authorize any variance from the terms of those ing, beams, decks, etc., constructed of sections of the village Code, the board of adjust- reinforced concrete. Piers shall have a ment must find the factors set forth in F.S.section maximum width of ten (10) feet, and a 163.225(3)(a), (b), (c): minimum width of six(6) feet. "(3) (a) To authorize upon appeal such vari- (8) Dolphins or mooring posts may be in- ance from the terms of the ordinance as stalled adjacent to piers, with location to will not be contrary to the public interest be determined by the building depart- when, owing to special conditions, a lit- ment. eral enforcement of the provisions of the ordinance would result in unnecessary (9) In regard to construction waterside of any and undue hardship.In order to authorize lot having fifty(50)feet or less frontage on any variance from the terms of the ordi- the water,docks shall not be placed within nance,the board of adjustment must find: five (5) feet of the side property line ex- tended. "1. That special conditions and circum- stances exist which are peculiar to (10) In regard to construction waterside of any the land, structure, or building in- lot having greater than fifty (50) feet volved and which are not applicable frontage on the water, docks shall not be to other lands, structures, or build- placed within ten (10) feet of the side ings in the same zoning district; • property line extended. "2. That the special conditions and cir- (11) Freestanding wave breaks shall not be cumstances do not result from the permitted. actions of the applicant; 4110 (12) Mooring buoys and anchors shall be de- "3. That granting the variance requested signed and located in such a manner as to will not confer on the applicant any - not allow the moored vessel to cross the special privilege that is denied by side property lines extended. Mooring this ordinance to other lands, build- buoys and anchors shall be located paral- ings, or structures in the same zon- lel to the bulkhead no more than one ing district; hundred fifty (150) feet from the bulk- "4. That literal interpretation of the pro- head. No live-aboards are allowed. The visions of the ordinance would de- upland landowner shall not moor or an- prive the applicant of the rights corn- chor more than one (1) boat. monly enjoyed by other properties in (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. the same zoning district under the • 35-90, §§ 7, 8, 9-27-90; Ord. No. 13-98, § 2, terms of the ordinance and would 5-14-98; Ord. No. 11-99, § 3, 2-11-99; Ord. No. work unnecessary and undue hard- 10-2000, § 2, 4-13-00; Ord. No. 2008-04, § 2, ship on the applicant; 1-24-08) Sec. 5-86. Variances. The board of adjustment created and described in section 21-21 of this Code shall have the power to authorize upon appeal such variance from the terms of section 5-85(3) as will not be contrary to the public interest when, owing to special condi- tions, a literal enforcement of the provisions of those sections of the village Code as they pertain to properties located on Lake Worth will result in Supp.No.36 332 IIAPPENDIX C—ZONING §45-35.1 for which changes are sought, the village council only at a joint and the proposed alternate stan- meeting with the Lake Park Town dards. Commission. 4. A specific list describing any of (Ord. No. 8-95, § 1(Exh. A), 3-23-95; Ord. No. the additional land uses listed 18-95, §§ 1,2, 7-13-95;Ord.No. 1-96, § 1, 1-11-96; in section 45-34.1(10)b.for which Ord. No. 35-96, § 1, 8-22-96; Ord. No. 1-97, § 1, 1-9-97) the applicant is requesting ap- proval. Sec. 45-35. Public district. 5. Any volunteered limiting condi- Within any P public district, uses shall be tions that could provide assur- restricted to those necessary or essential to the ances that the development as administration and operation of the village or any proposed would further the in- other governmental agency, including, but not tent and spirit of the C-3 dis- limited, to village hall, recreation facilities, wa- trict and the Comprehensive terworks,pumping stations and sewage facilities. Plan. (Ord. No. 3-82, § 1, 1-28-82) The site development plan, lists of alter- Sec. 45-35.1. Planned unit development. nate standards and additional land uses, and volunteered conditions should be sub- I. Statement of intent. witted in a format suitable for attach- A. The intent of this section is to provide, in ment to an ordinance approving the re- the case of a commercial planned unit quests. development consisting of two and one- 1110 e. Approval process: PUD applications half(2.5)or more acres and in the case of under this section shall be forwarded a commercial planned unit development along with recommendations from consisting of 1.0 or more acres that has an staff to the planning commission, underlying zoning of C-1A District,and in which after holding a public hearing the case of a residential planned unit shall make a formal recommenda- development of five (5) or more acres, an tion of approval,partial approval,or added degree of flexibility in the place- disapproval.The village council shall ment and interrelationship of the build- also hold a public hearing and decide ings and uses within the planned unit whether to approve, partially ap- development,together with the implemen- prove, or disapprove the PUD appli- tation of new design concepts.At the same cation.Unless the application is dis- time the intensity of land use, density of approved in full, this action shall be population and amounts of light, air ac- by ordinance.The applicant may then cess and required open space will be main- proceed to obtain all other needed tained for the zoning district in which the development permits in accordance proposed project is to be located. The with the village's regulations. village council hereby determines that the regulations pertaining to intensity of land f. Applications abutting or crossing a use, density of population and required municipal boundary: Any PUD ap- open space are the minimum require- I plication for property abutting or ments for the protection and promotion of crossing the Lake Park town bound- the public health, safety and general wel- ary shall meet all of the above re- fare. Nothing herein should be construed quirements. In addition, to protect as allowing deviation for uses other than the interests of other C-3 landown- those specified as permitted uses,nor any ers and the town, a decision on the . greater density of population nor any less PUD application shall be made by required open space than that which is Supp.No.32 2509 §45-35.1 NORTH PALM BEACH CODE specified in this chapter for the zoning 7. The final approved development plan district in which a proposed project is to shall mclude the plat drawings and be located. necessary submittals demonstrating B. Subject to the foregoing statement of in acceptability of all factors and stan- tent,the village council may,in the case of dards evaluated in subsection IV(A). commercial and residential planned unit 8. All dwelling unit sizes, parking cri- developments, allow for minor modifica- teria and building site coverage must tions of the provisions of this chapter in meet the requirements of the zoning accordance with the procedure set forth in code for each type of proposed use. subsections II, III, IV and V. 9. All land included for the purpose of II. Filing of application. development within a planned unit development shall be owned or un- A. Any person may file an application with der the unified control of the appli- the village council for minor modifications of the provisions of this chapter. This cant for such zoning designation, application shall contain at least the fol- whether the applicant is an individ- lowing: ual, partnership, corporation, trust or group of individuals, partner- 1. All application and review proce- • ships, trusts or corporations. The dures shall comply with section 21- applicant shall present satisfactory 12, Changes to zoning ordinances evidence of the unified control of the and section 45-49, Application for entire area by applicant within the rezoning, of this Code. proposed planned unit development 2. A statement listing and fully explain- and shall state agreement that,if he • ing the specific modifications of the proceeds with the proposed develop- provisions of this chapter 45 which went, he will: are desired, as well as the purposes a. Do so in accordance with the for which the modifications are in- officially approved development tended. plan and such other conditions 3. All application procedures shall be or modifications as may be at- as required by the subdivision provi- tacked to the conditional use. sions of this Code. b. Provide agreements,covenants, 4. Compliance with the village compre- contracts, deed restrictions or hensive plan is required. sureties acceptable to the vil- lage council, both for comple- 5. Land covered by the development tion of the undertaking in ac- plan shall be platted concurrently cordance with the adopted with final approval of the develop- development plan, and also for ment plan. the continuing operation and 6. The fee for filing an application for a maintenance of areas, func- planned unit development shall be tions and facilities which the plan shows are not to be oper- one hundred dollars ($100.00) per ated or maintained at general acre for each acre contained within public expense. the boundary of the development plan, plus a prorated amount of the per c. Bind his development succes- acre fee for any portion of the devel- sors in title to any commit- opment plan which exceeds evenly ments made under subsections divisible acreage. a. and b., preceding. Supp.No.32 2510 APPENDIX C—ZONING §45-35.1 10. Any tract of land for which a planned hazardous or inconvenient to the unit development is made shall con- neighborhood nor conflict with the tain sufficient width,depth and front- normal traffic of the neighborhood. age on a public dedicated arterial or In applying this standard, the corn- major street or appropriate access mission shall consider, among other which will accommodate the pro- things: convenient routes for pedes- posed use and design. than traffic,particularly of children; 11. In the event any building or struc- the relationship of the proposed ture built under this section is de- project to main traffic thoroughfares stroyed or removed by or for any and to street and road intersections; cause, said building or structure, if and,the general character and inten- replaced, shall be replaced with a sity of the existing and potential building or structure of similar size development of the neighborhood. In and type not exceeding the dimen- addition,where appropriate,the com- sions of the original building or struc- mission shall determine that noise, ture.The developer shall include the vibration,odor,light,glare,heat,elec- appropriate deed restrictions and/or tromagnetic or radioactive radia- covenants so as to require replace- tion, or other external effects, from ment as outlined above. any source whatsoever which is con- III. Referral to planning commission. The vil- netted with the proposed use, will lage council shall refer each application for a not have a detrimental effect upon planned unit development to the planning com neighboring property or the neigh mission for study and recommendation. boring area in general. IV. Action of planning committee [commis- 3. The location and height of buildings, sion.J the location, nature and height of walls and fences, and the nature and A. After a study of an application for a planned extent of landscaping of the site shall unit development and the required public be such that they will not hinder or hearing, the planning commission shall discourage the proper development make a recommendation to the village and use of adjacent land and build council to approve, approve as modified, ings nor impair the value thereof. or reject the application based upon the following standards: 4. The standards of density and re- f. The proposed use or uses shall be of quired open space in the proposed such location, size and character as project are at least equal to those to be in harmony with the appropri- required by this ordinance in the ate and orderly development of the zoning district in which the proposed zoning district in which situated and project is to be located. shall not be detrimental to the or- derly development of adjacent zon 5. There shall be no uses within the ing districts. per- mitted uses in the zoning district in proposed project which are not per- t. The location and size of the proposed which the proposed project is to be use or uses,the nature and intensity located. of the principal use and all accessory uses, the site layout and its relation Exception:A mixed use occupancy may be to streets giving access to it,shall be allowed if the existing zoning district us- such that traffic to and from the use age is commercial.The mixed usage occu- or uses, and the assembly of persons panty shall only be residential and mer- • in connection therewith, will not be cantile or residential and business. Supp. No.45 2510.1 45-35.1 NORTH PALM BEACH CODE ►. B. The commission may recommend such Sec. 45-35.2. C-OS conservation and open changes or modifications in the proposed space district. plan as are needed to achieve conformity to the standards as herein specified. The A. Intent. The intent of this section is to pro- reasons for the changes or modifications vide for land uses and activities within land areas shall be included in the recommendation. designated for the primary purpose of conserving or protecting natural resources of environmental C. The commission shall not recommend the quality. project unless it finds that all of the standards as herein specified have been B. Uses met. If there are minor modifications to permitted. Within any part of the the provisions of this chapter,the commis- COS conservation and open space district, no Sion may recommend its approval at the building, structure, land or water shall be used, same time. It shall also, where it deems except for one or more of the following uses: appropriate and necessary,recommend to 1. Passive recreation. the village council those conditions to be imposed upon the project,its operation,or 2. Flood control. both,that are needed to assure adherence to the aforesaid standards. 3. Protection of quality or quantity of ground - water or surface water. V. Action of village council. The village council, upon the receipt from the planning commission of 4. Floodplain management. the report on the planned unit development and the minor modifications to the provisions of this 5. Fisheries management. chapter may, after the required public hearing, • approve or reject such project and modifications, 6. Protection of vegetative community or wild- incorporating with an approval such conditions as life habitats. the council deems appropriate.The approval shall be by ordinance. 7. Residential and administrative buildings for the protection of the C-OS district. VI. Effect of approval of village council. The approval of the application by the village council 8. Single-family dwellings with accessory shall allow the building official to issue a building buildings customarily incident thereto. permit in conformity with the application as ap- a. Building height regulations.No main proved. This permit shall specify with particular- building shall exceed two (2) stories ity the exact modifications to the provisions of in height and no accessory building this chapter which have been approved.The holder more than one (1) story. of this permit may then proceed with his project in conformity with said permit. No deviations b. Building site area regulations. The from the conditions of the permit shall be allowed minimum lot or building site for each except those which shall be in conformity with the single family dwelling shall be one basic provisions of this ordinance as they apply to (1) acre of upland area and have at the zoning district in which the project is located. least one(1)lot dimension, width or length, of a minimum of one hun- VII. Public notice. Public notice of all hearings dred fifty(150) feet. conducted in accordance with this section shall be provided as required by section 21-3 of the village c. Yard space regulation. No building Code. or portion thereof shall occupy a (Ord.No.23-79,§ 1, 10-25-79;Ord.No. 16-87,§ 1, position fifty (50) feet or less from 10-22-87;Ord. No. 2006-05, § 1,4-13-06;Ord.No. the upland/wetland boundary of the 2009-16, § 6, 11-12-09) property. • Supp.No.45 2510.2 e • APPENDIX C—ZONING § 45-35.3 A. Applicability. The provisions of this article be granted as per the village, if the viola- shall apply to all existing and future development tion is a direct result of a natural disaster within the boundaries of the NBOZ as follows: occurrence or drought. 1. New development. All new development. 4. Relocation or replacement for redevelop- 2. Existing development. All existing devel- ment. The site plan approved to remedy opment shall conform with the provisions any violation of this article shall include of the article eight (8) years from the landscaping replacement or relocation to effective date of these regulations. comply with all requirements herein. Re- location or replacement shall comply with B. Exemptions. All licensed plant or tree nurs- the standards listed below. eries or tree farms shall be exempt from the terms and provisions of this article, but only with re- a. Trees having a three (3) inch or spect to those trees, planted and growing which greater caliper at diameter at breast are for sale to the general public in the ordinary height (DBH) which are to be re- course of the business. The landscaping required placed shall be replaced by the sum for buildings and parking lots shall be provided. of three (3) caliper inches to every one (1) inch lost and are of like or C. Waiver. The landscape regulations may be similar species. Replacement trees waived in whole or part by the village when a shall be a minimum of three (3) property owner has demonstrated that the require- inches in caliper. For example, if an ments contained in this article will reduce re- existing five (5)-inch caliper tree is • - quired parking, or substantially restrict the oper- from the subject property, ation of the existing business or property's use. fifteen (15)-inches in caliper are re- D. Compliance. Failure to install,maintain,or quired for replacement. A combina preserve landscaping or native vegetation re- tion of tree sizes may be utilized as quired in accordance with the terms of this article long as no tree is less than three (3) shall constitute a violation of this article. inches in caliper. 1. Failure to comply. If the property fails to b. If the site cannot support the total meet the requirements of this article,or if number of required replacement trees the existing trees, shrubbery, grass, or as determined herein, the village groundcover are permitted to die, and may permit the owner to donate ex- such materials are not replaced within cess trees to the village for planting thirty (30) days of the event, the code on public lands at the owner's ex- enforcement officer shall notify, in writ- pense; contribute to the village the ing, the person responsible for the main- monies equivalent to such required tenance or replacement of such property replacement trees; or permit the re- of the need to comply with the require- quired replacement trees to be placed ments of this section within thirty (30) upon other lands owned by the same days from the date of delivery of the property owners. notice. c. The village may require alternative 2. Extensions. The thirty (30) day rule for landscape solutions such as addi- compliance may be extended when neces- tional aesthetic hardscaping, site sary by the village to recover from acts of amenities, or specimen landscaping nature such as a hurricane or a drought. as per the intent of this article. ill3. Temporary exemptions. Temporary exemp- tions from compliance of this section may Sec. 6-3 Nonconforming landscape areas. Supp. No. 25,Add 2510.23 § 45-35.3 NORTH PALM BEACH CODE 111 A. Nonconformities established. All develop- culture and Consumer Services. All vegetation ment constructed prior to the effective date of shall be clean and free of noxious pests or disease, these regulations that do not conform with the _ provisions of this article shall be considered non- B. Preferred species list. The preferred species conforming. list contained in section 4-7 periodically revised, as needed. To the greatest extent possible, the 1. If nonconforming landscaping is damaged species list shall represent plants that are drought or destroyed by any means to the extent of tolerant plants, noninvasive; not destructive to fifty (50) percent or more of its replace- native plants, and strong wooded, non-brittle ment value at the time of the damage,the plants. replacement landscaping and elements must conform to all of the provisions of C. Installation. this article. 1. All landscaping shall be installed with B. Maintenance. Nonconforming landscape ar- sound workmanship and sound nursery eas are not exempt from minimum maintenance practices in a manner that will encourage standards. vigorous growth. C. Amendments to the approved plan. The fol 2. A plant or tree's growth characteristics lowing types of amendments to a previously ap- proved development plan shall require the review ing] to prevent conflicts with views, light of the landscape plan for the entire site using the ing, or signage. minimum landscape standards in this article: D. Root barriers. The village shall require root 1. Increase in the total square footage of any barriers for trees planted within fifteen (15) feet building by more than twenty (20) per- of any road right of way, sidewalk, or utility. In 41111 determining the appropriateness of particular pro- cent; tection techniques, the village shall use the cur- 2. Increase in the number of structures; or rent edition of the Tree Protection Manual for 3. Increase in the building height of any Builders and Developers, published by the State Division of Forestry, Florida Department of Agri- building. culture and Consumer Services. D. Notice of nonconforming status. Upon the Sec. 6-5 New construction and substantial effective date of this article or upon the future revision. annexation of properties, the village shall contact the owners of all properties developed for nonres- A. Landscape area. At least fifteen (15) per- idential purposes that do not comply with the cent of the total parcel area shall be landscaped, provisions of this article. The notice shall inform excluding any area utilized for required parking. the property owners that the property is being placed in a nonconforming [property] and that the B. Overall landscaping. The required area to owner of nonconforming property shall have eight be landscaped may include any of the following: (8) years from the date of the nonconforming 1. Entry features; notice to comply with the requirements set forth in this article.Written notice to the property shall 2. Massing of landscaping to produce focal be provided by certified mail. points; Sec. 6-4 Tree and plant installation. 3. Foundation plantings; A. Minimum plant quality. Plant quality for. 4. Trellises, arbors, and similar structures; all required landscaping shall be Florida No. 1 or 5. Planter and flower boxes; better, as provided in Grades and Standards for Nursery Plants, Part 1 and Part 2, as amended, 6. Freestanding planters and pottery; as published by the Florida Department of Agri- 7. Sidewalk plantings; r Supp. No. 25,Add 2510.24 0 APPENDIX C—ZONING §45-35.3 to pruning. In no case shall the can- B. Standards. Irrigation systems shall comply opy spread be reduced to less than with the following standards. twenty (20) feet in width. 1. Irrigation systems shall be continuously 3. Landscape buffers shall be maintained maintained in working order and shall be a .along the entire length of designed so as not to overlap water zones and-preserved the property. or to water impervious areas. .2. Irrigation systems shall not be installed 4. All landscape areas which shall be main- or maintained abutting any public street tained on a regular basis,to include weed- which causes water from the system to ing, watering, fertilizing, pruning, mow- spray onto the roadway or to strike pass- ing,edging,mulching,replacement of dead - ing pedestrian or vehicular traffic, where or missing landscaping, removal of pro- feasible. hibited plants, and other horticultural C. Rain sensors. A rain sensor, to switch off practices that are needed to keep land irrigation during wet periods,shall be required on scaping in good condition,-free from dis all new irrigation systems. ease, insect pests, weeds, refuse, and de- bris. Sec. 6-15 Pruning. 5. Landscape maintenance shall be carried A. Crown reduction. out in a manner that will not disrupt, 1. Crown reduction of shade trees shall be inconvenience or endanger any member of prohibited until the tree canopy has • the public, or pedestrian, or motor vehi reached at least twenty (20) feet in diam- cles. eter. Exceptions include: a. The removal of limbs or foliage pre- Sec. 6-14 Irrigation. senting a hazard or in conflict with a crime prevention program; A. General. All landscape areas, except those b. Removal of dead or diseased limbs; areas composed of existing native plant commu- nities, shall provide an irrigation system plan. c. The reinforcement strength of form, The irrigation system shall be designed and in- or stalled in accordance with the Florida Irrigation d. In association with tree or palm re- Society Standards and Specifications for Turf and location work. Landscape Irrigation Systems, as amended from 2. After a tree canopy reaches fifteen (15) time to time. Irrigation systems shall be designed feet in diameter, crown reduction shall and maintained to obtain the following results: only be permitted as incidental when cor 1. Eliminate the wasteful use of water; rect pruning standards are used and when - °- V -. - there are constraints such as, but not 2. Eliminate staining of buildings, walks, limited to, views, power lines, structures, walls and other site improvements includ- lighting, or signage. ing landscaping; 3. A maximum of one-fourth (0.25) of tree 3. Provide a minimum of one hundred (100) canopy may be removed from a tree within a one (1) year period, provided that the percent coverage,including the capability removal conforms to the standards of crown of applying water onto turf areas on a reduction, crown cleaning, crown thin- different saturation level than that used ning, crown raising, vista pruning, and to irrigate shrub planting beds; and crown restoration pruning techniques. Ill4. Eliminate water overthrow onto non- a. The crown of a tree required by this pervious areas. code or condition of approval shall Supp. No. 25,Add 2510.35 0 § 45-35.3 NORTH PALM BEACH CODE •`� not be reduced below the minimum E. Performance. Pruning shall be performed spread or height requirements of this by a person or tree service that is knowledgeable section or specific village conditions with the latest standards of the National Arborist of approval. Association. b. A tree that is pruned in excess of F. Exemptions. The following shall be exempt these requirements shall be replaced from this section. - with a tree that meets the minimum 1. Trees which interfere with safe site trian- requirements of this section or equal gles, utility lines, or utility structures. specifications of the tree that has been pruned, whichever is greater. 2. Trees having crown die-back or decay greater than one third the tree canopy. B. Plant characteristics. Unless otherwise ap- proved by the village during the approval process, 3. Trees having suffered damage due to nat trees shall be allowed to grow to a shape and size ural or accidental causes. typical of their species throughout their life cycle. 4. Trees having insect or disease damage greater than one-third of the tree crown. • C. Pruning standards. The following are gen- eral pruning standards and requirements estab- Article 7 Signage and Outdoor Displays lished for the overlay zone. Sec. 7-1 General provisions. 1. Hat-racking. Hat-racking is prohibited. A. Intent. It is the intent of this article to: For the purposes of this article, hat- racking is defined as flat-cutting the top 1. Regulate and limit the existing and pro or sides of a tree, severing the leader or posed posting, display, erection, use and leaders; making internodal cuts (cutting maintenance of signs and other advertis •' back of limbs to a point between branch ing structures within the NBOZ. collars/buds) prune a tree by stubbing off 2. Protect property values, create a more mature wood larger than one (1) inch in attractive economic and business climate, diameter within the tree's crown; or re- enhance and protect the physical appear- ducing a mature tree's total circumfer- ance of the community and preserve the ence or canopy spread by one third or scenic and natural beauty of the NBOZ. more. 3. Secure and preserve the right of free 2. Palm trees. Pruning palm trees shall be expression guaranteed by the First Amend- limited to dead fronds and up to one-third ment of the Constitution of the United 0/3) of the green fronds and seed pods. States. 3. Maximum limb pruning. Severely cutting B. Nonconforming signs. A nonconforming sign back lower branches to increase sight is any sign which was established pursuant to the visibility from underneath a tree's canopy, issuance of a sign permit on or before the effective shall not exceed thirteen feet six inches date of these regulations, and which is rendered (13'-6")from the ground level to the collar nonconforming by the provisions of this article. of the first limb. 1. All accessory signs, wall signs, freestand- D. Alternative canopy shapes. If other than the ing signs, awning signs, pole signs, and normal expected tree canopy shade and size is ground signs erected within the corridor that do not conform to the terms of this desired by the owner of the trees, the desired article shall conform ten (10) years from shape and size shall be indicated on the approved the adoption of this overlay or be removed landscape plan. If a desired shape and size is not from the premises. noted on the approved landscape plan, trees shall be allowed to grow to their natural shape and 2. A face change on a wall sign, awning sign, size. pole sign or ground sign will not require Supp. No. 25,Add 2510.36 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 solid masonry or concrete wall a minimum of six ing, and shall screen the dumpsters on all 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 enclosed by landscaping to the greatest carts, they shall not be allowed to accumulate in extent possible. any outside area including parking lots and load- 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 construe 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- 1. Paver blocks or alternative style or color; stalled provided the dishes are not visible from 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 Supp.No.50 2510.58 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.A site,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 corn- 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 placed on the agenda of the succeeding ther: 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- c 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 [bel 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 sifted 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 the nominated property or properties, at 2. A site or building located in a local regis- 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 criteria for listing on the local register. rity of location, design, setting, ma The decision shall also include any own- terials,workmanship,feeling and as- er's objection to the listing. If the nomina- the have been so altered that 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 sifted 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. Supp.No.50 2512.9 §45-37 NORTH PALM BEACH CODE • G. Effect of listing on local register ateness may be issued by the director of community develop- 1. The department may issue an official cer- 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 suit 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 iii. Installation of an exterior door ternational, Inc. 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- • closure of any porch or other H. Certificate of appropriateness. outdoor area with any material 1. When required. other than insect screening. a. A certificate of appropriateness must v. The installation or relocation of wood,chain-link,masonry(gar- be obtained from the planning coin den walls)or wrought iron fenc mission before making certain alter- ing, or the removal of masonry ations, described below as regulated (garden walls) or wrought iron work items, contributing structures 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. i. Ordinary maintenance. If the vii. Painting unpainted masonry in- work constitutes "ordinary eluding stone,brick,terra-cotta and concrete. maintenance"as defiled 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- • Supp.No.50 2512.11 • CODE COMPARATIVE TABLE 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 Rnbd 10-9 as 10-6 Dltd 10-10 Rnbd 10-13 0 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 IP 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(a) 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,Aind 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), (1') 2011-03 2-10-11 2 2-161(g) 2011-04 2-10-11 2 14-31(b)(4) [The next page is 29331 • Supp.No.50 2892 III CODE INDEX Section Section TAXATION(Cont'd.) TREES AND SHRUBBERY(Cont'd.) Compensation 26-54 Swale areas,trees in Exemptions 26-53 Definitions 27-16 Levy 26-51 Maintenance 27-20 Rate 26-51 Planting and removal;written approval Utility tax 26-29 et seq. required 27-17 See:UTILITY TAX Scope 27-19 Variety and location 27-18 TELECOMMUNICATIONS Compliance with other laws;police power. 29-10 Construction bond 29-13 U Definitions 29-3 UTILITIES Enforcement remedies 29-15 Flood damage prevention provisions 12.5-41(3),(5) Fees and payments 29-5 Franchises enumerated.See Appendix D Force majeure 29-16 Street construction work;cost of changing • Insurance;surety; indemnification 29-12 g g Intent and purpose 29-2 or removal of public utilities 24-4 Subdivision design standards re easements Registration 29-4 and rights-of-way 36-22(a) Involuntary termination 29-9 Subdivisions,required improvements re.. 36-32 Reports and records 29-6 Telecommunications service tax 26-51 et seq. Rights-of-way,use 29-8 See:TAXATION Security fund. 29-14 Use of rights-of-way for utilities Service tax,generally 26-51 et seq. See:TAXATION Code enforcement,applicability re 2-173 Rules and regulations adopted 28-1 Title 29-1 Written permit(franchise) Transfer of control;sale or assignment 29-11 • Contents 28-3 Underground installation;relocation 29-7 Required;term 28-2 • TELEPHONES UTILITY TAX Alarms;interference with public safety de- partment trunk line prohibited 19-215 Exemption 26-31 TELEVISION Levied;rate 26-29 Cable television rate regulation 17-1 TENSE V Definitions and rules of construction 1-2 VACANT PROPERTY THEFT Unauthorized camping,lodging 19-11 Combat Auto Theft(CAT) 18-19 VILLAGE TIME Definitions and rules of construction 1-2 Definitions and rules of construction ..... 1-2 VILLAGE COUNCIL Compensation 2-16 TRAFFIC. See: MOTOR VEHICLES AND Definitions and rules of construction 1-2 TRAFFIC • Meetings TRAILERS Adjournment of all meetings 2-19 Personal recreational use trailers;parking Regular meetings on residential property restricted ... 18-35 Presiding officer 2-18 When held 2-17 TRASH. See:GARBAGE AND TRASH Rules of procedure.See herein that sub- ject TREES AND SHRUBBERY Rules of procedure Abatement of public nuisances on private Order of business 2-26 property 14-79 et seq. Parliamentary rules 2-27 See:NUISANCES Village clerk,duties re 2-67 Code enforcement,applicability re 2-173 Landscaping 27-31 et seq. VILLAGE LOGO See: LANDSCAPING Adoption 1-10(b) Missiles,throwing 19-83 Description 1-10(a) Parks and recreation facilities; climbing Registration 1-10(d) • trees,etc. 20-4 Unlawful practices 1-10(c) Supp.No.48 2955 • NORTH PALM BEACH CODE • Section Section VILLAGE MANAGER WELLFIELD PROTECTION Administrative code,provisions re 2-39 et seq. Business activities with potential to con- See:ADMINISTRATIVE CODE taminate land and water resources, Bond 2-117 regulation•of 19-221 Budget 2-118 County wellfield protection ordinance ad- Budget procedures,duties re 2-2 opted by reference 19-220 Removal 2-116 WRITTEN,IN WRITING Residency 2-115 Definitions and rules of construction 1-2 VOYEURISM • Window peeping prohibited 19-66 Y YARDS AND OPEN SPACES W Landscaping 27-31 et seq. See: LANDSCAPING WALLS. See: FENCES, WALLS, HEDGES Zoning regulations 45-27 et seq. AND ENCLOSURES See:ZONING(Appendix C) WATER SHORTAGE EMERGENCIES YEAR Application 19-201 Definitions and rules of construction 1-2 Definitions 19-200 Enforcement Z Emergency power 19-204 . ZONING(Generally) Generally 19-203 Appearance plan (Appendix A). See that Implementation subject Exemptions 19-202(b) Code enforcement,applicability re 2-173 Permanent restrictions 19-202(a) Home occupations 17-3(a)et seq. Sanitation,exception to maintain 19-205 See:HOME OCCUPATIONS Violations and penalties 19-206 Landscaping; conflict with zoning ordi- WATER SUPPLY AND DISTRIBUTION nonce 27-39 Stormwater management 21-61 et seq. Planning commission; changes to zoning See:STORMWATER MANAGEMENT ordinances 21-12 Wellfield protection 19-220, 19-221 Subdivision regulations 36-1 et seq. Zoning;C-3 Regional Business District See:SUBDIVISIONS(Appendix B) Surface water management 45-34.1(8) WATERWAYS. See: BOATS, DOCKS AND WATERWAYS WATERWAYS BOARD Composition;terms;vacancies 5-103 Created 5-102 Duties 5-105 Organization 5-104 Removal 5-106 WEAPONS. See: FIREARMS AND WEAP- ONS WEEDS AND BRUSH Abatement of public nuisances on private • property 14-79 et seq. See:NUISANCES - • WEEK Definitions and rules of construction 1-2 ' WEIGHTS AND MEASURES Motor vehicle operation;weight limitations on certain roads 18-18 Noise measurement procedure 19-113 • • Supp.No.48 2956