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
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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
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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
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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
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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
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1121 OC 1463 OC
1171 OC 1465, 1466 OC
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1177 36 1521, 1522 47
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1685, 1686 OC 2480.1,2480.2 50
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1739 14 2485 50
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1781 21 2486.3,2486.4 41
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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
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2047,2048 OC 2500.1 32
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2371,2372 OC 2510.11,2510.12 25,Add.
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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