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Pages Replaced by Supplement #53TABLE CFCONTENTS Page Officials of the Village ....................................... iii Pzezane.......'........................,.,.,,...,........... v Adopting Ordinance ......................................... vii Readopting Ordinance .............................. ......... oj Checklist of Pageo................................ Ill M-1-MM., 0hartmr.............'...............'.......,....,...,.,,,., 1 Art I Corporate Name .............................. 3 Art I.A. Vision Statement ........................... 3 Art- II 9hrritortnl Bunzxlaciuo ,. . . . . .. . . .... . . . .. . . .' 5 Art. III Legislative .......'.................,....,.. 10.5 Art nJ Administrative ...............,,,..,,,,,..,., 15 2\rL V. Qualifications and Elections .................. 17 Administrative Oode........,............... 1381 PART II CODE OF ORDINANCES Chapter 2. Administration '.'....................................... 133 �zt I �n<Geoerol................................... I35 Art. H. C0000il.........,................'.......... 137 Div. 1 Generally .... ...... . . . . .. . .. ... . . . .. . . .. 137 Div. 2. Rules u[ Procedure ....................... 128 Art. 111. Administrative Oode........,............... 1381 Div. 1. Generul}y............................... 188.1 Din 2. Audit Committee ........................ 139 Div. I Department oC Finance ................... I40 Div, 4. Department o1 Records ................... 140.I Div. 5. Department ufLaw Enforcement (Police De- partment) ............................... 141 Din G. Fire Rescue Department ................. 141 Din 7. Department of Public Works .............. 142 Div. 8. Department uf Library ................... 142 Div. 9. Department ufCountry Club ............. 148 Supp. No. 52 )d NORTH PALM BEACH CODE Chapter Page Div. 11. Department uC Community Development . 143 Art W. Manager ........'.....,..................,. 144 Art. \L Pensions and Retirement Systems ,........... 144 Div. 1. Generally ..,........,,,. . . . .......... ... 144 I)bc i Social Security ........................... 144 Div. 3. Pension and Certain Other Benefits forQeo- 388.5 Art. VI. Energy Efficiency Building CoJm............. nral Employees ... '... . . . .. ....... .. . . . .. 145 Div. 4. Pension and Certain Other Benefits for Fire 458 Art. I. Iu General ................................... and Police Employees .................... 153 Din S. Length mC Service Award Plan Gor Volunteer 507 Firefighters . ...''.. . . . .. ...'..' .. . . . . .. . 164 Div. 6. IQMA Defined Contribution Pension I9ao.. 164.1 Art. VI. Code Enforcement .......................... 164.2 Art. VII. Alternate Method wf Code Enforcement ...... I60 O, Alcoholic Beverages ...................................... 211 4. Azdouala and Fowl '..... . .. . ..'.''.-. . . . . . . . . ... .. .. . . . . . 263 Art I In General ................................... 865 Art. II. Dogs and Cats . ...... ... . . . . . . . ... . .... . . .. . 267 G. Boats, Docks and Waterways .. .'. '''. . . . . .. .. ....... . . . . . 319 Art I Iu General ................................... 821 Art IL Boat Launching Arau''...........'.......... 325 Art. III Construction Requirements ......'.......... 326 Div. I. Generally ............................... 326 Div. 2. Cuusda..,.....,..-..,,.................. 328 Din 3. Bulkheads and Seawalls .................. 827 Div. 4. Docks and Piers ......................... 328 Db, S. Erosion Control Structures ............... 333 Art DI Marine Sanctuaries ......................... 383 & Buildings and Building Regulations ................ ....... 381 Art I. Io General ................................... 383 Art II. Minimum Construction Standards ............ 383 Art III Appearance Code ........................... 384 Div. L GeueraIly............................,.. 384 Div. 2. Rmoezved,,,,,.......,,,,,............... 3983 I)bc 8. Certificate of Appropriateness ............ 3883 Art'.. IV. Dooervod................................... 398.5 Art \Z Signs and Outdoor Displays .................. 388.5 Art. VI. Energy Efficiency Building CoJm............. 8081$ Art. VII. Coastal Construction Code .,............... 88819 7. Bulkhead Lines .......................................... 458 Art. I. Iu General ................................... 455 Art. IL Filling Porozit............................... 455 8. Emergency Management ................................. 507 Supp.»o. 52 »ii 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 0C 17,18 25 vii, viii 0C 19 25 ix 0C 65 49 xJ, XAI 1 77 0C X.iii 1 79,80 0C xi, xii 52 81,82 52 xii, xiv 52 83 25 xv, xvi 52 133 52 SH:l 52 134.1,134.2 34 nr IOA 0 13 A.A nn Oz? 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 52 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 52 13,14 25 143,144 52 Ill Supp. No. 52 NORTH PALM BEACH CODE Page No. Supp. No. 144.1 52 145,146 47 147,148 47 149,150 47 151,152 47 152.1, 152.2 47 152.3, 152.4 47 153,154 52 154.1, 154.2 52 154.3 52 155,156 46 157,158 52 158.1, 158.2 52 159,160 46 161,162 46 162.1, 162.2 46 163,164 52 164.1, 164.2 52 164.3 52 165,166 48 167,168 48 169,170 48 211 oc 213,214 19 263 oc 265,266 52 267,268 52 269 52 319 29 321,322 46 323,324 52 325,326 46 326.1 46 327,328 27 329,330 51 331,332 51 332.1 51 333,334 45 [21 Supp. No. 52 Page No. Supp. No. 335 45 381 23 383;384 33 385 24 398.3, 398.4 7 398.5, 398.6 45 398.6.1 45 398.7, 398.8 40 398.9, 398.10 46 398.11, 398.12 50 398.13, 398.14 50 398.14.1 50 398.15, 398.16 40 398.17, 398.18 50 398.19 50 399,400 oc 401,402 oc 403 oc 453 oc 455,456 22 507 22 509,510 52 511 52 559 36 561,562 52 563 40 615 36 617,618 36 671 2 673 24 695 13 697 52 723 52 725,726 52 727 52 777 oc 779,780 oc 781,782 oc CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 783,784 00 1233, 1234 52 785,786 OC 1235, 1236 52 787,788 OC 1237, 1238 52 789 OC 1239, 1240 52 839 OC 1241, 1242 52 889 39 1289 52 891,892 40 1291, 1292 52 893,894 52 1293, 1294 29 895 50 1295 29 945 41 1343 4 947,948 49 1345, 1346 45 948.1 49 1347, 1348 45 949,950 41 1349, 1350 45 951 41 1350.1, 1350.2 45 997 OC 1351, 1352 33 aaa 1nnn -1, .a - 00 -- IQKQ 10KA . Uuu, iJSJ"i %2 00 1051 33 1355,1356 33 1053, 1054 31 1356.1 33 1054.1, 1054.2 31 1357, 1358 OC 1054.3, 1054.4 31 1359, 1360 33 1055, 1056 36 1361, 1362 33 1057, 1058 33 1363, 1364 52 1059,1060 33 1364.1 52 1060.1, 1060.2 43 1365, 1366 33 1060.3, 1060.4 43 1366.1, 1366.2 52 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 52 1173, 1174 52 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 [31 Supp. No. 52 NOR71H PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1631 27 2375,2376 33 1681 oc 2377,2378 33 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 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 51 2361,2362 33 2510.1, 2510.2 51 2363,2364 33 2510.2.1 45 2364.1 33 2510.3, 2510.4 25, Add. 2365,2366 0- C 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. 21371,2372 oc 2510.11, 2510.12 25, Add. 2373,2374 33 2510.13, 2510.14 25, Add. [41 Supp. No. 52 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2510.15, 2510.16 25, Add. 2873 oc 2510.17, 2510.18 25, Add. 2875,2876 oc 2510.19, 2510.20 25, Add. 2877,2878 oc 2510.21, 2510.22 25, Add. 2879,2880 oc 2510.23, 2510.24 51 2881,2882 14 2510.25, 2510.26 25, Add. 2883,2884 14 2510.27, 2510.28 25, Add. 2885,2886 19 2510.29, 2510.30 25, Add. 2887,2888 25, Add. 2510.31, 2510.32 25, Add. 2889,2890 33 2510.33, 2510.34 25, Add. 2891,2892 51 2510.35, 2510.36 51 2893 52 2510.37, 2510.38 25, Add. 2933,2934 25 2510.39, 2510.40 25, Add. 2935,2936 52 2510.41, 2510.42 25, Add. 2937,2938 52 2510.43, 2510.44 25, Add. 2939,2940 48 2510.45, 2510.46 25, Add. 2941,2942 2510.47, 2510.48 25, Add. 2943,2944 52 2510.49, 2510.50 25, Add. 2945,2946 52 2510.51, 2510.52 25, Add. 2947,2948 52 2510.53, 2510.54 25, Add. 2949,2950 52 2510.55, 2510.56 25, Add. 2951,2952 52 2510.57, 2510.58 51 2953,2954 52 2511,2512 49 2955,2956 52 2512.1, 2512.2 49 2957,2958 36 2512.3, 2512.4 49 2959,2960 45 2512.5, 2512.6 50 2512.7, 2512.8 51 2512.9, 2512.10 51 2512.11, 2512.12 51 2512.13 51 2513,2514 oc 2515,2516 45 2516.1 45 2517,2518 22 2619 48 2819,2820 50 2869,2870 oc 2871 oc 151 Supp. No. 52 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. Qr�l. Na. ba - Adoied rnc�del�# h _ 17m� AN 011 __ N u� s 2010 -18 10 -28 -10 Include 49 OnIn Q1 41V.LV -6 L 11 10 in i.i- .Lu -1V Y „�i._,7.. MICLUUE; An `t:l 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 2011 -05 4 -14 -11 Include 51 2011 -06 4 -14 -11 Include 51 2011 -07 4 -14 -11 Omit 51 2011 -08 5 -12 -11 Omit 51 2011 -09 5 -26 -11 Include 51 2011 -10 5 -26 -11 Include 51 2011 -11 6 -23 -11 Include 51 2011 -12 6 -23 -11 Omit 51 2011 -13 7 -14 -11 Omit 51 2011 -14 7 -14 -11 Include 51 2011 -15 8 -25 -11 Omit 52 2011 -16 9 -22 -11 Omit 52 2011 -17 9 -22 -11 Omit 52 2011 -18 9 -22 -11 Include 52 2011 -19 10 -13 -11 Include 52 2011 -21 11 -10 -11 Include 52 2011 -22 12- 8 -11 Include 52 Supp. No. 52 SH:1 CHAPTER said westerly right-of-way line being herein as- sumed to be a line parallel to and 40 feet westerly from the centerline of said road, and also being parallel to and 7 feet westerly fiom the westerly right-of-way line of said road, as per Plat of Rivard Subdivision, as recorded in Plat Book 21, page 12, and said point of begiraiing being 1145.6 feet northerly, measured along said right-of-way line, from the South line of said Section 17; thence westerly, at right angles to the preceding course, 128.06 feet, more or less, to a point in the westerly line of the Southeast Quarter of the Southwest Quarter of said Section 17; thence northerly along said westerly line, 54.15 feet, more or less, to a point in a line parallel to, and 50 feet northerly from, measured at right angles to, the South line of the herein described parcel, thence easterly along said parallel line, 107 feet more or less, to a point in said westerly right-of-way line of State Road ALA; thence southerly along said westerly right-of-way line, 50 feet, more or less, to the point of beginning. PARCEL II: A parcel. of land in Section 17, Town- ship 42 South, Range 43 East, more particularly described as follows: Beginning at a point in the westerly right-of-way line of State Road AlA, formerly State Road 176, said westerly right-of-way line being herein as- sumed to be a line parallel to and 40 feet westerly from the centerline of said road, and also being parallel to, and 7 feet westerly from the westerly right-of-way line of said road, Plat of Rivard Subdivision, Plat Book 21, Page 12, and said point of beginning being 1095.6 feet northerly, inea- sured along said right-of-way line, from the South line of said Section 17, then northerly along said westerly right-of-way line 50 feet; then westerly at right angles to the preceding course, 128.06 feet, more or less, to a point in the westerly line of the Southeast Quarter of Southwest Quarter of said Section 17; then southerly along said west- erly line, 53.96 feet, -more or less to a point in a line parallel to, and 50 feet southerly from, mea- sured at right angles to, the north line of the herein described parcel, thence easterly along said parallel line 144 feet, more or less, to a point of beginning. Supp. No. 49 10.1 §I Subject to restrictions, reservations, easements and covenants of record, if any, to the extent that same are valid and enforceable. Lots 43, 44, 45 and 46, KELSEY ACRES, PLAT NO. 2 (LESS AND EXCEPT that land taken or conveyed to the Department of Transportation for Highway Purposes as shown on Road Plat Book 4, page 22 and as appear in instruments recorded in Official Record Book 3538, page 1834 and in Official Record Book 3543, page 332), according to the plat thereof on file in the Office of the Clerk of the Circuit court in and for Palm Beach County, Florida, as in Plat Book 24, page 47. Lot 47, KELSEYACRES # 2, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24, Page 47, less and except the following described property con- veyed to the State of Florida by instrument re- corded at Official Record Book 3697, Page 355 of Official Records of Palm Beach County, Florida: Commence at the Northwest corner of said Lot 47, thence South 38'22'23" West along the Westerly line of said Lot 47, a distance of 68.64 feet to the POINT OF BEGINNING; thence continue South 38022'23" West along said Westerly line a distance of 29.69 feet to a point on a curve concave South- westerly having a tangent bearing of South 36'18'02" East through said point; thence south- easterly along said curve having a radius of 5769.58 feet, through an angle of 01'27'35" an are distance of 146.99 feet to the Southeast corner of said Lot 47; thence North 50046'22" East along the Easterly line of said Lot 47 a distance of 25.83 feet to a point on a curve concave Southwesterly and having a tangent bearing of North 33'50'47" West through said point; thence Northwesterly along said curve having a radius of 6305.45 feet through an angle of 01'23'44" an arc distance of 153.58 feet to the POINT OF BEGINNING. A parcel of land in the southwest quarter of Section 17, Township 42 South, Range 43 East, Palm Beach County, more particularly described as follows: Beginning at the intersection of the easterly right- of-way line of the Florida East Coast Railroad and the westerly extension of the southerly right-of- way line of Richard Road as said right-of-way is §1 NORTH PALM BEACH CODE shown on the plat of Kelsey Acres recorded in Plat Book 22, Page 16, Public Records of Palm Beach County, Florida; thence southerly along the east- erly -tight-of-way line of the F.E.C. Railroad a distance of 530.00 feet; thence easterly making an angle with the preceding course measured from North to East of 85'00'20", a distance of 271.47 feet, more or less, to the westerly right-of-way line of State Road A-1-A, said right-of-way line being also the are of a curve concave to the Southwest and having a radius of 5689.58 feet; thence north- westerly, along the arc of said curve and the westerly right-of-way line of state road A -1 -A, through an angle of 4'14'13" a distance of 430.73 feet to the said westerly extension of the south- erly right-of-way line of Richard Road; thence westerly along said westerly extension a distance of 232.47 feet to the point of beginning. Less additional right-of-way acquired by the depart- ment of transportation in that order of taking recorded in Official Record Book 3666, Page 141. Exhibit "N' LEGAL DECRIPTION Parcel I That portion of the Southwest 1/4 of the South- west 1/4 of the Northwest 1/4; and that portion of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4, less the south 10.0 feet thereof, of Section 17, Township 42 South, Range 43 East, lying between the Florida East Coast Railroad right of way on the east and a County Road, 40 feet wide, (Old Dixie Highway) on the west, in Palm Beach County, Florida; and being more particularly described as follows: Beginning at a point where the Westerly right of way line of the Florida East Coast Railroad inter- sects the West line of Section 17, Township 42 South, Range 43 East; said point being 382.05 Feet North of the West Quarter Corner of said Section 17; run thence along the following num- bered courses: 1. Along the West line of Section 17, S. 1*34'38"W. 45.62 Feet; Thence 11 1-1. 0 Q. 391032'25"E. 216.07 Feet; Thence 3. S. 31052'20"E. 478.43 Feet; Thence Supp. No. 49 10.2 4, S. 14056'36"E. 443.52 Feet to the North line of a public right of way 20.0 feet wide, known as Richard Road; Thence 5. Along said North Right of Way line S. 88017'20"E, 85M Feet to the West Right of Way line of the Florida East Coast Railroad; Thence 6. Along said West Right of Way line N. 20054'37" W. 368.10 Feet to the beginning of a curve to the left, having a radius of 1859.96 Feet; Thence 7. Along the are of said curve 604.77 Feet, through a central angle of 18037'48" to the Point of Tangent; Thence 8. Along the Tangent N. 3932'25"W 250.45 Feet to the Point of Beginning. Parcel Control Number: 00-43-42-17-00-00 -000- 3030 Parcel 2 The part of the Southwest 1/4 of the Northwest 1/4 lying west of Old Dixie Highway, LESS the South 110 feet of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida. Also described as: ALL that part of the Northwest one-quarter of Section Seventeen, Township Forty-two South, Range Forty-three east, lying south and west of the Old Dixie Highway, as originally constructed, along the west side of the Florida East Coast Railroad, except the south one hundred and ten feet thereof, which is reserved to the grantors herein. Parcel Control Number: 00-43-42-17-00-000-3100 Parcel 3 The Southwest Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 18, Township 42 South, Range 43 East, Palm Beach County, Flor- ida, lying west of Old Dixie Highway and South- east of Canal C-17, less the south 150 feet thereof and less parcel described in Official Record Book 712, Page 163 and Official Record Book 4503, Page 1421, both of the Public Records of Palm Beach County, Florida. Parcel Control Number: 00-43-42-17-00-000-1030 CHARTER Parcel 4 A parcel of land in the Northeast quarter (NE 1/4) of Section 18, Township 42 South, Range 43 East, Palm. Beach County, Florida. Being more partic- ularly described as follows: Commencing at the Southeast corner of said North- east quarter (NE 1/4) of Section 18; thence North 01'34'38" East along the East line of said North- east quarter (NE 1/4) a distance of 150.24 feet; thence North 88'25'22" West departing said east line a distance of 150.23 feet to the Point of Beginning of the hereinafter described parcel of land; thence North 88'25'22" West of distance of 295.23 feet to a point on the Southeasterly right- of-way line of the C-17 canal as shown on South Florida Water Management District Right -of -Way Map No. C-17-13 Sheet 5 of 6. Said point being on a curve concave to the Southeast with a radius of onn.nn X.- ' and a radiialbear`- at this point of OW VV iuell U U.La Dearing a6 South 42*56'51" East; thence Northeasterly along the are of said curve and said right-of-way line through a central angle of 19'43'52" a distance of 275.50 feet; thence South 22'34'12" East depart- ing said right-of-way line a distance of 170.46 feet to the Point of Beginning. Together with a 20 foot wide ingress and egress easement being more particularly described as follows: Commencing at the Southeast corner of said North- east quarter (NE 1/4) of said Section 18; thence North 01'34`38" East along the East line of said Northeast quarter (NE 1/4) a distance of 150.24 feet; thence North 88'25'22" West departing said East line a distance of 150.23 feet to a point on the easterly line of the above described parcel of land; thence North 22'34'12" West along said Easterly line a distance of 170.46 feet to the Point of Beginning of the hereinafter described easement; thence continue North 22'34'12" West of distance of 20.00 feet to a point on the said Southeasterly right-of-way line of the C-17 Canal said point being on a curve concave to the Southeast with a radius 800.00 feet and a central angle of 3*40'57"; thence Northeasterly along the arc of said curve and said right-of-way line a distance of 51.42 feet to a point of tangency; thence North 70*27'58" East of distance of 108.89 feet to a point in the westerly right-of-way line of Old Dixie Highway Supp. No. 49 10.3 §1 according to the minutes of the Board of County Commissioners of February 6, 1917, Page 107; thence South 39'34'33" East along said right-of- way line a distance of 21.29 feet; thence South 70'27'58" West departing said right-of-way line a distance of 116.19 feet to a point of curve concave to the Southeast having a radius of 780.00 feet and a central angle of 3'41'57"; thence Southwest- erly along the are of said curve a distance of 50.36 feet to the Point of Beginning. Parcel Control Number: 00-43-42-18-00-000-1050 Parcel 5 Parcel No. One: Froin the Southeast corner of the Southeast 1/4 of the North 1/4 of Section 18, Township 42 South, Range 43 East, run North 88'26'55" West along the South line of the South- east 1/4 of the Northeast 1/4 of said Section 18, a distance of 210 feet to the Southwest comer of the parcel conveyed to Vernon G. Luckey, et ux, by deed recorded in Official Record Book 2003, Page 1841, being the Point of Beginning: thence North- erly and along the western line of said parcel conveyed to Vernon G. Luckey, et ux, a distance of 149.97 feet; thence North 88'28'50" West, a dis- tance of 93.0 feet; thence Southerly, parallel with the West line of said parcel conveyed to Vernon G. Luckey, et ux, a distance of 149.92 feet to the intersection with the South line of said Southeast 1/4 of the Northeast 1/4 of said Section 18; thence easterly along said south line a distance of 93.0 feet to the Point of Beginning. Parcel No. Two: From the Southeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 18, Township 42 South, Range 43 East, run North 38'26'65" West along the South line of the South- east 114 of the Northeast 1/4 of said Section 18, a distance of 303.0 feet to the Point of Beginning, thence Northerly and parallel with the western line of the parcel conveyed to Vernon G. Luckey, et ux, by deed recorded in Official Record Book 2003, Page 1841, a distance of 149.92 feet; thence North 88*28'50" West, a distance of 142.01 feet to a point on the Southerly right-of-way of Canal C -17 of the Central and Southern Florida Flood Control Dis- trict as described in Deed Book 1075, Page 360; thence Southwesterly along the are of a curve concave to the Southeast, having a radius of 800.0 feet a distance of 19232 feet (chord 191.96) to the §1 NORTH PALM BEACH CODE intersection of said curve with the South line of said Southeast 1/4 of the Northeast 1/4 of said Section 18; thence Easterly along said South line a distance of 262.28 feet to the Point of Beginning, PARCEL ONE & TWO being subject to and to- gether with rights of ingress and egress over and across the following described easements Together with the following easements for ingress and egress: 1. Right of way and easement over the North 30 feet of the East 256.55 feet of the parcel of land described in Deed recorded in Official Record Book 2003, Page 1841. 2. Easement for access over the North 20 feet of the South 170 feet of the East 150 feet of the Southeast 1/4 of the Northeast 1/4 of Section 18, Township 42 South, Range 43 East. 3. Easement for access over the following described parcel: Commencing at the Southeast corner of the South- east 1/4 of the Northeast 1/4 of Section 18, Town- ship 42 South, Range 43 East; thence North along the East line of said Section a distance of 170 feet; thence West along the North line of a 20 foot easement a distance of 150 feet to the Point of Beginning; thence West on a westerly projection of the last described line, a distance of 15 feet more or less to the east line of the parcel of land conveyed to Hykel N. Sarkes, et ux, by deed recorded in Deed Book 1090, Page 450; thence Southeasterly along the east line of said Sarkes parcel a distance of 25 feet, more or less to the Southwest corner of said 20 foot easement; thence North along the West line of said 20 foot easement a distance of 20 feet to the Point of Beginning. 4. Easement for access over the following described parcel: Commencing at the Southeast corner of the South- east 1/4 of the Northeast 1/4 of Section 18, Town- ship 42 South, Range 43 East, thence north along the East line of said Section a distance of 150 feet to the South line of a 20 foot easement; thence West along the south line of a 20 foot easement a distance of 150 feet to the Point of Beginning, said point being the Southeast corner of the parcel of Supp. No. 49 10.4 land conveyed to Hykel N. Sarkes, et ux, by deed recorded in Deed Book 1090, Page 453; thence West along the South line of said Sarkes parcel a distance of 20 feet, thence North, parallel to the East line of said Section 18, a distance of 20 feet; thence East 18 feet more or less to the East line of said Sarkes parcel; thence Southeasterly along said East line of the Sarkes parcel to the Point of Beginning. 5. An easement for access described as fol- lows: From the Southeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 18, Township 42 South, Range 43 East, run thence North 1'35'20" East along the East line of said Section 18 a distance of 170 feet to the Point of Beginning; thence continue Northerly on the same course to a point in the Southwesterly right of way line of the Old Dixie Highway; thence run Northwesterly along said Southwesterly right of way line to a point which is 20 feet West of measured at right angles to, the East line of said Section 18; thence run South, parallel to the East line of said Section 18, to a point 170 feet North of the South line of the Southeast 1/4 of the Northeast 1/4 of said Section 18, thence run east 20 feet to the Point of Beginning. PARCEL ONE AND PARCEL TWO ARE ALSO KNOWN AS THE FOLLOWING DESCRIBED PROPERTY A Parcel of land in Section 18, Township 42 South, T1 Range 43, East, more particularly described as follows: From the Southeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 18, Township 42 South, Range 43 East, continue Westerly along the south line of the Southeast 1/4 of the North- east 1/4 (a/k/a 1/4 Section Line) North 88'39'20" West, 210.00 feet to the Point of Beginning of said parcel; (Point of Beginning); thence North 88'39'20" West, 356.50 feet to the Southeasterly right of way of the C-17 canal; thence North 40*21'04" East, 192.82 feet along the chord of a curve and the Southeasterly right of way of the C-17 Canal, having a radius of 800 feet, a length of 193.29 feet, and a delta angle of 13*50'36" to the Northwest corner of said parcel; thence South 88'41'14" CHARTER East, 235.23 feet along the North line of said parcel; thence South 01'22'56" West, 149.97 (feet) to the Point of Beginning of said parcel. Parcel Control Number: 00-43-42-18-00-000-1060 Parcel 6 The following property in PALM BEACH County, Florida: A parcel of land in the Southeast quarter (SE 114) of the Northeast quarter ME 1/4) of Section 18, Township 42 South, Range 43 East, Palm Beach County, Florida, described as follows: From the Southeast corner of the Southeast quar- ter (SE 1/4) of the Northeast quarter (NE 1/4) of Section 18, Township 42 South, Range 43 East. Run North 88'26'55" West along the South line of said Southeast quarter (SE 1/4) of the Northeast quarter (NE 1/4) of Section 18, a distance of 150 feet to the Point of Beginning; thence North 1*35'20" East parallel to the East line of Section 18, a distance of 150 feet; thence North 88'28'50" West a distance of 60 feet to a point: thence Southerly, parallel to the east line of Section 18, a distance of 150.04 feet to a point; thence Easterly along the South line of the said Southeast quarter (SE 1/4) of the Northeast quarter (NE 114) of Section 18, a distance of 60 feet to the Point of Beginning. Also an easement far access over the North 20 feet of the South 170 feet of the East 150 feet of the said Southeast quarter (SE 1/4) of the Northeast quarter (NE 1/4) of Section 18; also an easement for access as described in Deed Book 1117, Pages 281 and 284. Public Records of Palm Beach County, Florida. Parcel Control Number: 00-43-42-18-00-000-1200 Parcel 7 Beginning at the Southeast corner of the South- east 114 of the Northeast 1/4 of Section 18, Town- ship 42 South, Range 43 East, as a Point of Beginning; thence North along the Easterly sec- tion line a distance of 150 feet; thence Westerly parallel to the Southerly boundary of this section line a distance of 150 feet; thence Southerly parallel to the Eastern section line a distance of 150 feet; thence easterly to the Point of Begin- ning. Supp. No. 49 10.5 §s Parcel Control Number: 00-43-42-18-00-000-1040 (Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95, 2-9-95; Ord. No. 24-96, 7-11-96; Ord. No. 33-96, 8-22-96; Ord. No. 20-99, § 1, 5-27-99; Ord. No. 16-2002, § 1, 5-23-02; Ord. No. 27-2002, § 1, 9-26-02; 03-2003, § 1, 2-13-03; Ord. No. 10-2004, §§ l(Exh. A), 7-8-04; Ord. No. 33-2004, § I(Exh. A), 12-9-04; Ord. No. 2007-04, § 2, 3-8-07; Ord. No. 2007-05, § 2,3-8-07; Ord. No. 2008-10, § 2(Exh. A), 9-11-08; Ord. No. 2010-18, § 2(Exh. A), 10 -28- 10) ARTICLE 111. LEGISLATIVE Section 1. Village council; powers and com- position. There shall be a village council with all legis- lative powers of the village vested therein consist- ing of five (5)'members who shall be electors of the village, who shall be elected by the electors of the village. (Ord. No. 1-76, § 1, 2-19-76) Section 2. Election and terms. On the second Tuesday in March of each year a general election shall be held to elect members of the village council. The selection of members of the village council shall be by groups to be known as Groups 1, 2, 3, 4 and 5. The councilmen in Groups 1, 3 and 5 shall be elected in the even years and councilmen in Groups 2 and 4 shall be elected in the odd years. The term of office of a c n- 11 in nd I M � _n n Sli _n 1 ll c o M. in eD. C e u, 1„s s e 1 e c ti -_ n _- n d qualification and shall continue for two (2) years thereafter and until his successor is elected and qualified; provided, however, that the terms of office of those councilmen whose terms expire in March of 1981 and March of 1982 shall be short- ened by a period of one week. (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1, 10-9-80) Section 3. Mayor. The council shall elect from among its mem- bers a mayor, a vice mayor, and a president pro tem to serve at the pleasure of the council. Elec- tion of the mayor, vice mayor and president pro tem shall be done annually at the first (1st) §3 NORTH PALM BEACH CODE regular council meeting after the village election. The mayor shall preside at meetings of the coun- cil shall be recognized as head of village govern- ment for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other docu- ments, and as the village official- designated to represent the village in all agreements with other governmental entities or certifications to other governmental entities, but shall have no admin- istrative duties except as required to carry out the responsibilities herein. The vice mayor shall act as mayor during the absence or disability of the mayor. The president pro tern shall preside at council meetings in the absence of the mayor and vice mayor. The mayor shall have power, for sufficient cause, to suspend any Village officer or official appointed by the council. In case of the suspen- sion of any such person, the mayor shall, within fifteen (15) days thereafter, deliver to the village clerk, or his deputy, a specification in writing of the charges preferred to the officer suspended; and it shall be the duty of said clerk to present such charges to the council at its next meeting following the receipt of such charges by him. Thereafter the council shall proceed to hear and determine the said charges after reasonable no- tice of such hearing to the suspended officer, who shall be given an opportunity to be heard with his witnesses. If upon such hearing the charges pre- ferred against such officer shall not be sustained by the council, the officer shall be thereby imme- diately restored to office unless the council shall decide to terminate the services of such officer for other cause, or without cause. In the event that any village officer shall be suspended by the mayor as herein provided, the mayor shall have power to appoint some person or some other officer of the Village temporarily to perform the duties of the officer suspended, until the charges against such suspended officer are heard and determined by the council, (Ord. No. 1-76, § 1, 2-19-76) Section 4. Compensation and expenses. The council may determine the annual salary of council members by ordinance, but no ordi- Supp. No. 49 10.6 nance increasing such salary shall become effec- tive until the date of commencement of the terms of the council members elected at the next regular election, provided that such election follows the adoption of such ordinance by at least six (6) months. (Ord. No. 1-76, § 1, 2-19-76) Section 5. Vacancies; forfeiture of office; fill- ing of vacancies. (a) Vacancies. The office of a council member shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeit-Lire of his office, such forfeiture to be declared by the remaining members of the coun- cil. (b) Forfeiture of office. A council member shall forfeit his office if he lacks at any time during his term of office any qualification for the office prescribed by this charter or by law. Chapter Number 31481 (1956) 73-564 Ordinance Number 29-80 11-86 03-95 24-96 33-96 20-99 16-2002 27-2002 31-2002 33-2002 34-2002 35-2002 36-2002 37-2002 38-2002 39-2002 40-2002 03-2003 10-2004 33-2004 2006-24 2007-04 2007-05 2008-10 2010-18 CHARTER COMPARATIVE TABLE Section Art, I I Date Section To- 9-80 1 9-11-86 1 2- 9-96 4 7-11-96 1 8-22-96 1 5-27-99 1 6-23-02 1 9-26-02 1 12-12-02 1 12-12-02 1 12-12-02 1 12-12-02 2(Exh. A) 12-12-02 WE xh. A) 12-12-02 12-12-02 Added Added Added Rpld Added Added Added Added Added Added Disposition Article/Section II 1 Disposition Article/Section 111 2 IIl 11 II 1 II 1 II 1 II 1 IT I II 1 III 5(e) III 9(a) 10 III 11(a)-40 111 12 TV 7 IV 7 IV 8 IV 9 IV 10 V 3 TV 7 II 1 II 1 II 1 III 12(note) II 1 II 1 IT I 11 1 Supp. No. 49 65 ['Phe next page is 771 2 3 4 12-12-02 1 12-12-02 1 2-13-03 1 7- 8-04 l(Exh. A) 12- 9-04 I(Exh. A) IT- 9-06 3 1- 8-07 2 3- 8-07 2 9-11-08 2(Exh. A) 10-28-10 WE xh. A) Added Added Added Rpld Added Added Added Added Added Added Disposition Article/Section II 1 Disposition Article/Section 111 2 IIl 11 II 1 II 1 II 1 II 1 IT I II 1 III 5(e) III 9(a) 10 III 11(a)-40 111 12 TV 7 IV 7 IV 8 IV 9 IV 10 V 3 TV 7 II 1 II 1 II 1 III 12(note) II 1 II 1 IT I 11 1 Supp. No. 49 65 ['Phe next page is 771 Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Art. I. In General, §§ 6- 1-6 -15 Art. 11. Minimum Construction Standards, §§ 6- 16-6 -29 Art. III. Appearance Code, §§ 6- 30--6 -71 Div. 1. Generally, §§ 6- 30 -6 -42 Div. 2. Reserved, §§ 6- 43 -6 -55 Div. 3. Certificate of Appropriateness, §§ 6- 56 --6 -71 Art. IV. Reserved, §§ 6 -72 -6.109 Art. V. Signs and Outdoor Displays, §§ 6- 110 ---6-149 Art. VI. Energy Efficiency Building Code, § 6 -150 Art. V11. Coastal Construction Code, §§ 6 -151 -6 -156 *Cross references— Construction requirements for waterway related structures, § 5 -49 et seq.; enforcement of Ch. 6 by code enforcement board, § 2 -171 et seq.; bulkhead lines, Ch. 7; electricity, Ch. 11; fire prevention and protection, Ch. 12; flood damage prevention, Ch. 12.5; housing, Ch. 15; permissible times for construction activity, § 19 -111; planning and development, Ch. 21; streets, sidewalks and public places, Ch. 24; swimming pools, Ch. 25; use of rights -of -way for utilities, Ch. 28; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. Supp. No. 23 38 BUILDING'S AND BUILDING REGULATIONS ARTICLE I. IN GENERAL See. 6-1. Construction on public land pro- hibited. It shall -be unlawful for any person to erect or maintain, or to permit the erection or mainte- nance of any structure of any kind, including a wall upon, across, over or tinder any portion of any publicly dedicated utility or drainage ease- ment area in the village. (Code 1970, § 6-1) Sec. 6-2. Reserved. Editor's note,--Ord. No. 05-2002, § 3, adopted Feb, 28, 2002, repealed § 6-2, in its entirety. Former § 6-2 pertained to accessibility to buildings by handicapped person.,;; state law adopted which was incorporated by reference and derived from the Code 1970. Sec. 6-3. Reserved. Fclitor's note-Ord. No. 05-21002, § 4, adopted Feb. 28, 2002, repealed § 6-3, in its entirety. Former § 6-3 pertained to fire district and deriver] from the Code 1970, § 16-23; and Ord. No. 12-72, § 1. See. 6-4. Reserved. Editor's note-Pursuant to advice of the city, and at the editor's discretion, Ord. No. 2-83, adopted Feb. 10. 1983, codified as Ch. 12.5 of this Code, has been treated its super- seding former § 6-4 relative to duties of the building official concerning flood management building requirements. Such derived from Ord. No. 7-77, § 1, adopted April 28, 1977 and Ord. No, 19-78, § 1, adopted July 27, 1978. Sees. 6-5-6-15. Reserved. ARTICLE 11. MINIMUM CONSTRUCTION STANDARDS See. 6-16. Authority. This article is promulgated in accordance with F.S. chapter 553. (Ord, No. 4-90, § 1, 3-8-90; Ord. No. 05-2002, § 1, 2-'28-02) Editor's note- The provisions of §§ 6-16 and 6-17 were deleted as being superseded by the provisions of §§ L 2ofOrd. No. 4-90, adopted Mar. 4, 1990, included herein as new §§ 6-16 and 6-17. The deleted provision.,,-, pvwtamed to the arloption of the Standard Building Code, 1985 edition and the county amendine nts-md derived fr(jin Code 1970, 0 6-11 and 6 -12, Supp. No. 33 383 and the following ordinances § 6-1,9 Ord. No. Date Section 7-72 2 16-72 1 10-75 7-10-75 1. 2 9-78 5-25-78 1,2 3-80 2-14-80 1 25 -80 In- 9-80 1, 2 17-82 9-23-82 1 12-83 8-25-83 1, 16-86 11-13-86 1, 2 See. 6-17. Codes adopted. The 2004 edition of the Florida Building Code,, including amendments to the administrative pro- visions of the Florida Building Code adopted by ordinance of the village council are bereby adopted and incorporated herein as the minimum construe- tion standards for the Village of North Palm Beach, Florida. Department of community devel- opment shall be substituted for building depart- ment in the adopted code. (Ord. No. 4-90, § 2, 3-8-90; Ord. No. 14-92 § 2, 9-10-92; Ord. No. 15-96, § 2, 4-25-96; Ord. No. 7-99, § 1, 1-28-99; Ord. No. 05-2002, § 2, 2-28-02; Ord. No, 13-2002, § 1, 5-9-02; Ord. No. 25-2003, § 1. 9-25-03; Ord. No. 2006-24, § 2.C.1, 11-9-06; Ord. No. 2007-03, § 2, 2-8-07) Editcu-N note -The various codes adopted above in § 6-17, and amendments thereto, are not. set out at length in this Code but are on file and available for inspection in the offices of the city Note-Sce the editor's note following § 6-.16. Cross reforences-Floridq Fire prevcutiou code adopted, 12-16- housinLy code ndooted. 4 15-1 See. 6-18. Reserved. Editor's note-Former § 6-18, relative to aotendirteuts and addition to the Standard Building Code, has been deleted pursuant to the adoption of Ord. No. 15-96, enacted April 215, 1996, which adopted the 1994 editions of the various codes as detailed in § 6 -17. The provisions of former § 6-18 derived from Ord. No. 20-93, § 1, adopted Sept. 91 1993; and Ord. No. 21-93, § 1, adopted Sept. 9, 1993- See. 6-19. Violations; penalty. Any person, firm or corporation who shall vio- late a provision of this article, or fail to comply tberewitli, or with any of the requirements thereof, shall be guilty of a tnisdenteanor. Each such person shall be deemed guilty of a separate of- § 6-1.9 NOTUP11 PALM BEACT-1 COTE fense for each and every day or portion thereof during which any violation of any of the provi- sions of this article is committed or continued and, upon conviction of any such violation, such person shall be punished by a fine of not less than fifty dollars ($50-00) nor more than five hundred dollars ($500.00), or by imprisonment not exceed- ing six (6) months, or by both such fine and imprisonment. (Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83, § 3, 8-25-83) Editor's note Ordinance No. 25-80, § 3, adopted Oct. 9, 1980, was nonainendatory of the Code; hence, its inclusion as § 6-19 was at the editor's discretion. See. 6-20. Reserved, Editor's note-Section 3 of Ord. No. 14-92, adopted Sept. 10, 1992, repealed former § 6-20, relative to ameiiiments to the Standard Plumbing Code, wbieli derived from Ord- No. 20-91, § 1, adopted May 23, 7.991. Sees. 6-21-6-29. Reserved. ARTICLE III. APPEARANCE CODE* DIVISION 1. GENERALLY See. 6-30. Short title. This article, including any regulation hereafter adopted, shall hereafter be known, cited and referred to as the "Appearance Code," (Code 1970, § 6-21) See. 6-31. Definition. The term "external. architectural feature" is defined to mean the architectural style and gen- oral arrangement of such portion of a building or structure as is designed to be open to view from a public street, place or way, or from adjoining premises. remises. (Code 1970, § 6-39; Ord. No. 4-71, § 1; Ord. No. 2-72, § 1) Cross reference - -Rules of construction and definitions generally, § 1-2. *Editor's note--Ordinance No, 6-77, § 5, enacted April 28, 1977, adopted §§ 6-30-6-36, 6-156-6-60, concerning the ap- pearance code, as part of the comprehensive plan for the village. Ord. No. 4-79, adopted March 8, 1979, removed the appearance code from the comprehensive plan. Cross references-Planning and development, Ch. 21; appearance plan, App. A. SUpp. No. 83 384 Sec. 6-32. Intent and purposes. This appearance code is adopted for the follow- ing purposes: (1) To promote the public health, safety, mor- als, comfort and general welfare of the citizens of the village. (2) To enhance the values of property through- out the village. (3) To protect and to stabilize the general appearance of buildings, structures, land- scaping and open areas, in the multiple dwelling, commercial and public zoning districts of the village, (4) To insure adequate light, air and privacy for property in the multiple dwelling, com- mercial and public zoning districts of the village. (5) To encourage and promote acceptability, attractiveness, cohesiveness and compat- ibility of new buildings, developments, remodeling and additions so as to main- tain and improve the established stan- dards of property values within the mul- tiple- dwelling, commercial and public zoning districts of the village. (Code 1970, § 6-22) See. 6-33. Appearance plan. The village hereby adopts by reference thereto the appearance plan attached as exhibit A to Ordinance No. 3-72 of the village. The appearance plan is set forth at length in Appendix A of this Code. (Code 1970, § 6-40; Ord. No. 3-72, § 1) See. 6-34. Reserved. Editor's note- Ordinance No. 4-79, § 1, adopted March 8, 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to repeal §§ 6-29-6-32 of the 1970 Code, of which §§ 6-30, 6-32 were codified as § 6-34 or this Code. Foriner § 6-34 pertained to aniondinents of the appearance plan. See. 6-35. Appeals and reviexv. The applicant or any interested party may file an appeal to the village council on any ruling by I BUILDINGS AND BUILDING REGULATIONS § 6 -35 the planning commission made pursuant to this article. An appeal shall be on forms provided by the village. The appeal shall be filed or made Supp. No. 23 385 [The next page is 39 8.31 BUILDINGS AND BUILDING REGULATIONS within ten (10) days after decision of the planning commission. Appeals shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in this article or standards set forth in or pursuant to this article. The village council shall decide an appeal within thirty (30) days of the filing of such appeal unless an exten- sion of time is consented to by the applicant, and such filing shall suspend any building permit is- sued pursuant to the ruling of the planning com- mission until the village council has decided the appeal. The village council may review any deci- sion of the planning commission and their dispo- sition of the matter shall be final. (Code 1970, § 6-37; Ord. No. 6-77, § 5, 4-28-77) Sec. 6-36. Powers and duties of planning commission concerning the ai)- pearance code. The planning commission shall have the fol- lowing powers and duties: (1) To hold public hearings on and make rec- ommendations for amendments to the ap- pearance plan, (2) To consult with and cooperate with the plan- ning and zoning advisory board, the beau- tification committee and other village de- partments, and any other municipal or governmental bodies on matters affecting the appearance of the village. (3) To study exterior design drawings, land- scape and site plans and materials for any proposed public works or public improve- ments and to make recommendations to the council or village manager as to the archi- tectural or aesthetic aspects thereof. (4) To study and review preliminary and final plats and make recommendations to the planning and zoning advisory board and the village council. (5) To hold hearings, when required, on the issuance of certificates of appropriateness as provided in section 6-59, in connection with questions pertaining to applications for building permits and to issue or deny Supp. No. 7 398.3 § 6-56 such certificates pursuant to the provisions of such section 6-59. (Code 1970, § 6-28; Ord. No. 6-77, § 5, 4-28.77) Editor's note—Section 6-48 has been redesignated as § 6-36 at the editor's discretion for purposes of classification. Cross reference— Planning commission, § 21-11. Sees. 6-37-6-42. DIVISION 2. RESERVED* Sees. 6-43-6-55. Reserved. DIVISION 3. CERTIFICATE OF APPROPRIATENESS See. 6-56. Preliminary consideration. The planning commission shall, at the written request of a prospective applicant for a certificate of appropriateness, give consideration to prelimi- nary exterior drawings, sketches, landscape and site plans and materials on a specific project be- fore a formal application is filed, and shall pro- vide such advice counsel, suggestions and recom- mendations on matters pertaining to aesthetics as they may deem necessary to guide such pro- spective applicant in the development of a plan which would comply with the requirements and purposes of the appearance plan; except that the planning commission shall act in an advisory ca- pacity only, with regard to preliminary plans, and shall provide consultation only on projects for which preliminary drawings and materials are fur- nished by such prospective applicant, and shall not participate in the development of the basic concept, plans or drawings. Upon finding the pre- liminary exterior drawings, sketches, landscape and site plans and materials are appropriate to, or compatible with, the character of the imme- diate neighborhood and will tend to effect the gen- eral purposes of the appearance plan, the board will issue a preliminary approval. Such approval will be irrevocable, and makes the issuance of the certificate of appropriateness mandatory upon ap- plication, unless the final presentation does not comply in all respects with the preliminary pre- *Editor's note—Ordinance No. 6.77, § 5, adopted April 28, 1977, repealed 1970 Code H 6.23-6-27, which were Div. 2, H 6.43-6-47 of the 1978 Code, pertaining to the appearance board. See also the editor's note for § 6-36. § 6.56 NORTH PALM BEACH CODE sentation upon which the preliminary approval was based. (Code 1970, § 6-33; Ord. No. 6-77, § 5, 4-28-77) See. 6-57. Final hearings. Upon filing of an application for building permit for a multifamily or commercial building, the building inspector shall immediately transmit the application to the [planning commission]. The fact that an application for a certificate of appropri. ateness has been filed shall not be cause for the building inspector to delay the review of plans relating to the building and zoning aspects of the project, while the application is pending. The (plan- ning commission] shall establish regularly sched- uled monthly meetings at which to review all ap- plications. Applications shall be submitted at least fourteen (14) days prior to the scheduled monthly meetings in order to be considered at that sched- uled monthly meeting. The building official's of- fice shall prepare an agenda containing a list of all applications filed for each scheduled monthly meeting, which shall be submitted to all members of the [planning commission] at least ten (10) days prior to the scheduled monthly meetings. The building official's office shall further -notify each applicant of the date and time of a hearing on his application, in writing, which notice shall be mailed at least seven (7) days prior to such hearing. Upon such hearing, the [planning commission] shall consider the application for building permit and receive additional evidence (such as the exte- rior renderings) from the applicant or his agent or attorney and from village staff or other persons as to whether the external architectural features of the proposed building or structure comply with the appearance plan. (Code 1970, § 6-34; Ord. No. 19-77, § 1, 10-27-77) See. 6-58. Action of planning commission. Prior to making- its decision on an application for a certificate of appropriateness, the planning commission may make recommendations to the applicant as to changes in the exterior drawings, sketches, landscaping, site plans and materials which in the judgment of the planning commis- sion would tend to affect the general purposes of the appearance plan. The planning commission shall make its decision within one (1) week after Supp. No. 7 398.4 the hearing is closed and shall issue to the building inspector a certificate of appropriateness, unless the planning commission finds that the plan does not conform to the appearance plan and that the proposed building or structure will be inappro- priate to, or incompatible with, the character of the immediate neighborhood or cause substantial depreciation in property values. If the latter finding is made, the planning commission shall provide such advice, counsel, suggestions and rec- ommendations on matters pertaining to aesthetics as they may deem necessary to guide the prospec- tive applicant in the development of a plan which would comply with the requirements and pur- poses of the appearance plan. If preliminary hear- ings have been held on the project for which ap- plication is being made, and preliminary approval has been issued by the planning commission as provided in section 6-56, the planning commission shall issue a certificate of appropriateness imme- diately, provided that the final drawings, plans and material as presented comply in all respects with the preliminary presentation upon which the preliminary approval was based. (Code 1970, § 6-35; Ord. No. 6-77, § 5, 4-28-77) The planning commission shall issue a certifi- cate of appropriateness upon a concurring vote of at least three (3) members. No building or other permit, otherwise required under the ordinances of the village, for the erection, construction, alter- ation or repair of any building or structure in a multiple-dwelling, commercial or public zoning dis- trict shall be issued by the building inspector ex- cept upon the granting of a certificate of appro- priateness by the planning commission. The foregoing requirements shall not preclude the is- suance of a building permit without such certifi- cate if the building inspector shall determine that no external architectural feature as defined in sec- tion 6-31 is involved in the work for which the building permit is sought. (Code 1970, § 6-36; Ord. No. 6-77, § 5, 4-28-77) See, 6.60, Follow-up by building inspector. Upon the granting of a certificate of appropri- ateness, the exterior drawings, sketches, land- scape and site plans, renderings and materials BUILDINGS AND BUILDING REGULATIONS upon which such certificate was granted shall be turned over to the building inspector whose re- sponsibility it shall be to determine, from time to time as the project is in progress and finally upon its completion, that there have been no unautho- rized deviations from the evidence upon which the granting of the certificate of appropriateness was originally based. The building inspector shall not issue a certificate of occupancy for any build- ing or structure where there have been any devi- ations from the certificate of appropriateness which has been granted. (Code 1970, § 6-38) Sees. 6-61-6-71. Reserved. ARTICLE IV. RESERVED* Sees, 6-72-6-109. Reserved. ARTICLE V. SIGNS AND OUTDOOR DISPLAYS' See. 6-110. Purpose and scope of regula- tions. (a) In General, The purpose of this chapter is to establish regulations for the systematic control of signs and advertising displays within the Vil- lage of North Palm Beach. The regulations and requirements as herein set forth are intended to preserve the residential character of the Village of North Palm Beach by controlling size, location and use of signs in all zoning districts within the village. It is further intended to protect and *E ditorg note — Section 3 of Ord. No, 4-90, adopted Mar. 8, 1990, repealed former Art. IV, "Contractors," which con- tained §§ 6-72-6-81 and 6-89-6-99. The repealed provisions derived from Code 1970, § 10-1-10-11, and Ord. No. 19-82, §§ 1-6, adopted Oct. 14, 1982. tEditor's note--Ord. No. 24-93, § 1, adopted Oct. 14, 1993, repealed the provisions of former Art. V, §§ 6- 111 -6- 138, relative to signs and outdoor displays, and § 2 of said ordinance enacted a new Art. V to read as herein set out in §§ 6-111-6-117. The provisions of former Art. V derived from Ord. No. 10-80, adopted May 22,1980; Ord. No. 32-80, adopted Oct, 23, 1980; Ord, No. 7-85, adopted May 9, 1985; Ord. No. 1-88, adopted Jan. 14, 1988; Ord. No. 5-89, adopted Feb. 9, 1989; and Ord. No. 19-89, adopted Sept. 14, 1989. Cross references--Appearance plan, App. A; zoning, App. C. Supp. No. 45 398.5 § 6-111 promote the general health, safety and welfare of the public, to protect property values and to assist in the safe, economic, and aesthetic development of business: (1) Property value protection. Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness or movement. They should be in harmony with buildings, the neighborhood and other conforming signs in the area. (2) Communication, Signs should not deny other persons or groups the use of sight lines on public rights-of-way, should not obscure important public messages and should not overwhelm readers with too many messages. Signs can and should help individuals to identify and under- stand the jurisdiction and the character of its subareas. (3) Preservation of community's beauty. Small residential municipalities such as this rely heavily on their natural surroundings and beautification efforts to retain their unique character. This concern is reflected by the active and objective regulations of the appearance and design of signs. (Ord. No. 31-2001, § 1, 10-25-01) See. 6-111. General provisions. (A) Criteria for appearance. (1) Wall signs shall be part of the architec- tural concept of the building. Size, color, lettering, location and arrangement shall be harmonious with the building design. (2) Ground signs shall be designed in har- mony with the architectural theme, de- sign style and scale of the principal build- ing on site and incorporate complementary building materials. The same criteria ap- plicable to wall signs shall apply to ground signs. (3) Identification signs of a prototype design shall conform to the criteria for building and ground signs. § 6-111 NORTH PALM BEACH CODE (4) Materials used in signs shall have good architectural character and be harmoni- ous with the building design and surround- ing landscape. (5) Every sign shall be designed so as to have visual relationship to buildinv.-, and siir- roundings. (6) Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided. Lighting shall be harmonious with the design. If external spot or flood lighting is used, the light fixtures and light source shall be arranged so that the light source is shielded from view. (7) All permanent signs shall comply with the requirements and procedures of the Village Appearance Code. (B) Relationship to building and electrical codes. These sign regulations are intended to comple- ment the requirements of the building and elec- trical codes adopted by the village. Wherever there is inconsistency between these regulations and the building or electrical code, the more stringent requirements shall apply. (C) Nonconforming signs. All building wall sign structures, awning signs, pole sign structures and ground sign structures erected within the village that do not conform to the terms of this code shall conform by October 14, 2003, or be removed from the premises. A face change on a building wall sign, awning sign, pole sign or ground sign will not require the sign to conform. All other signs and outdoor displays shall conform within thirty (30) days of the effective date of this article. A nonconforming sign may not be enlarged or al- tered to increase its nonconformity. Should any nonconforming sign be damaged by any means to an extent of more than fifty (50) percent of its replacement cost. at the time of damage, it shall not be reconstructed or repaired except in confor- mity with the provisions of this article. (D) Appeals and review. The applicant may file an appeal to the village council on any ruling by the planning commission as to this Sign Code in accordance with section 6-35 of the Village Code. Supp. No. 45 398.6 (E) Variance. (1) Permanent sign. Dimensional restrictions outlined in this Code or viewing obstacles shall be considered the only grounds of a hardship for appeal from the regulations described herein. Any increase in the height or size of a sign or setback thereof in the granted variance shall not exceed thirty (30) percent of the requirements of this code. (2) The board of adjustment shall hear and rule on all applications for variance to this Code. All the provisions of Article III, Chapter 21 of the Village Code, shall apply to applications for variance to this code. (3) All applications for variances to regula- tions established by this article shall be filed with the community development director upon a form supplied by the vil- lage. The application shall be accompa- nied by a filing fee of one hundred fifty dollars ($150.00). (4) Public notice of all hearings conducted in accordance with this section shall be pro- vided as required by section 21-3 of this Code. (F) Enforcement. The building official may ini- tiate action before the code enforcement board of the village to obtain compliance with this code. (G) Maintenance. (1) All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and dis- play areas, shall be maintained in accor- dance with the building and electrical codes adopted by the village, and shall present a neat and clean appearance. The vegetation around the base of ground signs shall be neatly trimmed and free of un- sightly weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. (2) Any sign now or hereafter existing-which no longer advertises a bona fide business BUILDINGS AND BUILDING REGULATIONS § 6-111 conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which sign may be found within ten (10) days after written notification from the building of - Supp. No. 45 398.6.1 BUILDINGS AND BUILDING REGULATIONS ficial. Upon failure to comply with such notice within the specified time in such order, the building official is hereby au- thorized to cause removal of such sign and any expenses incident thereto shall be paid by the owner of the building or structure to which said sign is attached. (H) Definitions. ACCeSS07Y sign. A permanent gro-und or build- ing wall sign that is permitted under this Code as incidental to an existing or proposed use of land. Advertising. Sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity, entertainment, or real or personal property. Awn;-- A_.1�__4____1_____4--- 4�1_ _� ___ FLUJUuLaull I'llat, pfu- Vi de') weather protection, identity and/or deco- ration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid or retractable skeleton over which an approved cover is attached. Awning sign. A sign painted on, printed on or attached flat against the surface of the awning. Back lit awning. An internally illuminated awning with translucent covering, Building wall sign. A sign displayed upon or attached to any part of the exterior of a build- ing, including walls, windows, doors, parapets, awnings and roof slopes of forty-five (45) de- grees or steeper. Changeable copy sign. A sign which is visible from outside a building and which is character- ized by changeable copy, regardless of method of attachment of the copy. Commercially developed parcel. A parcel of property on which there is at least one walled and roofed structure used, or designed to be used, for other than residential or agricultural purposes. Copy. The linguistic or graphic content of a sign. Supp. No. 40 398.7 § 6-111 Directional sign. An on premises sign de- signed to guide or direct pedestrians or vehic- ular traffic. Electric sign. Any sign containing electric wiring. Erect a sign. To construct, reconstruct, build, relocate, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish a sign- but it shall not include any of the foregoing activities when performed as an incident to routine mainte- nance. Frontage. The length of the property line of any one parcel along the main street on which it borders. Ground sign, Any sign that is erected on the ground, when no part of the sign is attached to any part of a building or structure. A ground sign shall be supported by a base no greater than three (3) feet in height. Harmful to minors. With regard to sign content, any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: (1) Predominately appeals to the pruri- ent, shameful, or morbid interest of minors in sex, and (2) Is patently offensive to contempo- rary standards in the adult commu- nity as a whole with respect to what i., caiitphip m--iforin] fhr mi- nors, and (3) Taken as a whole, lacks serious lit- erary, artistic, political, or scientific value. The term "harmful to minors" shall also in- clude any non-erotic word or picture when it: (1) Is patently offensive to contempo- rary standards in the adult commu- nity as a whole with respect to what is suitable for viewing by minors, and (2) Taken as a whole, lacks serious lit- erary, artistic, political, or scientific value. § 6-111 NORTH PALM 13BACH CODE Height of a sign. The height of a sign shall be measured as the vertical distance from the finished grade, excluding berms, at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. Illuminated sign. A sign which contains a source of light or which is designed or arranged to reflect light from an artificial source includ- ing indirect lighting, neon, incandescent lights, back-lighting, and shall also include signs with reflectors that depend -upon automobile head- lights for an image. Logo. Any symbol, trademark, picture or other graphic representation which is used to signify or identify the particular business or organization. Marquee. A structure projecting from and completely supported by a building and which extends beyond the building line or property line and fully or partially covers a sidewalk, public entrance or other pedestrian way. Multiple occupancy complex. A commercial use, i.e. any use other than residential consist- ing of a parcel of property; or parcel of contig- uous properties, existing as a unified or coor- dinated project, with a building or buildings housing more than one occupant. Neon tube sign. A sign electrically lighted by exposed tubes containing inert gas and visible from outside of a building. Nonconforming sign. A sign existing at the offective date, of the adopting of this article which could not be built under the terms of this article. Occupant (occupancy). The use of a building or structure,. or any portion thereof for commer- cial transactions. Off site 1premise sign. A sign advertising an establishment, merchandise, service or enter- tainment, which is not sold, produced, manu- factured or furnished at the property on which said sign is located. Supp. No. 40 398.8 Outline neon lighting. An arrangement of electric discharge tubing to outline or call at- tention to certain features such as the shape of a building or the decoration of a window. Painted wall sign. A sign painted on a wall or on any other surface or part of a building or structure. Parcel. A unit of land within legally estab- lished property lines. If, however, the property lines are such as to defeat the purposes of this Code or lead to absurd results, a "parcel" may be as designated for a particular site by the building official. Permanent. Designed, constructed and in- tended for more than short term use. Pole sign. A sign supported permanently upon the ground by poles or braces and not attached to any building. Pot-table sign. Any sign wbich is manifestly designed to be transported by trailer or on its own wheels, including such signs even though the wheels may be removed and the remaining chassis or support structure converted to an A or T frame sign and attached temporarily or permanently to the ground. Roof line. A horizontal line intersecting the highest point or points of a roof. Roof sign. A sign placed above the roof line of a building or on or against a roof slope of less than forty-five (45) degrees. Sign. Any writing, pictorial presentation, number, illustration, or decoration, flag, ban- ner or pennant, balloon, search light, or other device which is used to announce, direct atten- tion to, identify, advertise or otherwise make anything known. The term sign shall not be deemed to include the terms "building" or "land- scaping," or any architectural embellishment of a building not intended to communicate information. Sign face. The part of a sign that is or may be used for copy. Sign face area. The area of any regular geometric -share which contains the entire sur- face area of a sign upon which copy may be placed. BUILDINGS AND BUILDING REGULATIONS Sign structure. Any construction used or designed to support a sign. Street. A public or private right-of-way for vehicular traffic, including highways, thorough- fares, lanes, roads, ways, and boulevards. Temporary sign. A sign which is intended to advertise community events, civic projects, po- litical candidacy, political issues, real estate for sale or lease or other special events on a short term basis. Unit. That part of a multiple occupancy complex housing one occupant. Vehicle sign. A sign of any nature attached to, affixed in any manner or painted on a motor vehicle or trailer. (I) Permits. 11 N A i k L) LA sign shall riot blereafter be erected, constructed, altered or maintained except as provided in this Code, until after a permit for the same has been issued in accordance with the permitting proce- dures of the building code. (2) Fees. Fees shall be based on the construc- tion valuation as set forth in the building code. (3) Exemption. Temporary signs are exempt from the requirement of obtaining a per- mit or paying a fee, but they shall be subject to the other provisions of this chapter. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 1, 8-11-94; Ord. No. 10-99, § 1, 2-11-99; Ord. No. 2009-02, § 2, 1-22-09; Ord. No. 2009-16, § 4, 11-12-09) See. 6-112. Exempt signs. The following signs are exempt from the oper- ation of these sign regulations, and from the requirement in this Code that a permit be ob- tained for the erection of permanent signs, pro- vided they are not placed or constructed so as to create a hazard of any kind: (A) Signs that are not designed or located so as to be visible from any street or adjoin- ing property, Supp. No. 46 398.9 § 6-11.2 (B) Parking area directional signs may be erected at each point of ingress and egress to a parking lot or parking area. Such signs shall not exceed two (2) square feet in background area nor extend to a height greater than three (3) feet above ground. Only one (1) such sign shall be allowed at each point of ingress and egress, provided such signs do not create a traffic or pedes- trian hazard. (See section 6-116(D)) No names or logos permitted. (C) Signs necessary to promote health, safety and welfare, and other regulatory, statu- tory, traffic control or directional signs erected on public property with permis- sion as appropriate from the State of Florida, the United States, the County of Palm Beach, or the Village of North Palm Beach. (D) Legal notices and official instruments. (E) Decorative flags and bunting for a cele- bration, convention, or commemoration of significance to the entire community when authorized by the village manager for a period, not to exceed thirty (30) days. (F) Holiday lights and decorations, erected during the appropriate holiday season, shall comply with all building and electri- cal codes. Holiday lights and decorations may be erected no earlier than four (4) weeks prior to the subject holiday with One exception of the Christinas/711anukkall holidays. Christmas/Hanukkah lights and decorations may be erected no earlier than October 15th. All holiday lights and deco- rations must be removed within two (2) weeks following the holiday. (Q) Merchandise displays behind storefront windows so long as no part of the display moves or contains flashing lights. (H) Memorial signs or tablets, names of build- ings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materi- als and attached to the surface of a build- ing. § 6-112 NORTH PALM BEACH CODE (1) Signs incorporated into machinery or equip- ment by a manufacturer or distributor, which identify or advertise only the prod- uct or service dispensed by the machine or equipment, such as signs customarily af- fixed to newspaper racks, telephone booths, and gasoline pumps. (J) Advertising and identifying signs located on taxicabs, buses, trailers, trucks, vehi- cles or vehicle bumpers, subject to the regulations of section 6-113(B)(23) of this Code. (K) Public warning signs to indicate the dan- gers of trespassing, swimming, animals or similar hazards. (L) Signs carried by a person. (M) Religious displays. (N) Temporary banners not exceeding thirty- two (32) square feet within commercial zoning districts upon written application to and approval by the community devel- opment department. The application shall be accompanied by an administrative pro- cessing fee established by the village coun- cil. Temporary banners shall be limited as follows: (1) No single commercial parcel may display a temporary banner for more than sixty (60) days during, either consecutive or alternate, during any calendar year. (2) No single commercial parcel shall display more than one (1) temporary banner at any given time, and all banners must relate to a business located within the parcel holding a valid village business tax receipt. (3) No banner may exceed thirty-two (32) square feet in overall surface area or ten (10) feet in height or width. The materials used for the banner must conform to industry standards. (4) Each banner must be located en- tirely against the principal building below the second story floor line (if applicable) and be securely fastened at each corner or edge. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 25-2001, § 1, 8-23-01; Ord. No. 2009-02, § 3, 1-22-09; Ord. No. 2010-02, § 2, 1-28-10) Sec. 6-113. Prohibited signs. (A) Generally. It shall be unlawful to erect or keep any sign not expressly authorized by, or exempted from, this Code. (B) Specifically. The following signs are ex- pressly prohibited unless exempted by section 6-112 of this Code or expressly authorized by section 6-114, or section 6-115 of this Code: (1) Signs that are in violation of the building code or electrical code adopted by the village. (2) Any sign that constitutes a safety hazard. (3) Blank temporary signs. (4) Signs with visible moving, revolving, or rotating parts or visible mechanical move- ment of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for traditional barber poles. (5) Signs with the optical illusion of move- ment by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy. (6) Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color. (7) Outline neon lighting used on commer- cially developed parcels for commercial purposes. (8) Signs, commonly referred to as wind signs, consisting of one or more banners, flags, pennants, ribbons, spinners, streamers or captive balloons, or other objects or mate- rial fastened in such a manner as to move upon being subjected to pressure by wind. Supp. No. 46 398.10 BUILDINGS AND BUILDING REGULATIONS area witbin the smallest rectangle, parallelogram, triangle, circle or semi- circle, the sides of which touch the extreme points of the letters or pic- tures. N Where two (2) sign faces are placed back to back on a single sign struc- ture, and the faces are at no point more than four (4) feet apart, the area of the sign shall be counted as the area of one (1) of the faces. (c) Where three (3) or more sign faces are arranged in a square, rectangle, or diamond, the area of the sign shall be the area of the two (2) larg- est faces. (C) Number of signs (1) Generally. In general, the number of signs shall be the number of non-contiguous sign faces. Multiple non-contiguous sign faces may be counted as a single sign if all the sign faces are included in the geomet- ric figure used for determining the sign area. (2) Special situations. (a) Where two (2) sign faces are placed back to back and are at no point more than three (3) feet apart, it shall be counted as one sign, (b) If a sign has four (4) faces arranged in a square, rectangle or diamond, it shall be counted as two (2) signs. (D) Sign height. The height of a sign shall be measured as the vertical distance from the fin- ished grade, excluding berms, at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. (Ord. No. 24-93, § 2, 10-14-93) See. 6.117. Design, construction, and loca- tion standards. (A) Generally. All permanent signs must com- ply with the following design, construction and location standard. § 6-117 (B) Compliance with building and electrical codes required. All permanent signs, and the illumination thereof, shall be designed, con- structed and maintained in conformity with ap- plicable provisions of the building and electrical codes adopted by the village. Supp. No. 70 398.17 (C) Illumination standards. (1) All illuminated signs shall be internally lighted and only by electricity. (2) All electric wiring shall be installed in conduit and concealed. The conduit shall be installed underground in accordance with the village electric code. (3) Electrically lighted signs shall be auto- matically controlled to be disconnected daily at midnight or at the close of busi- ness if the advertised closing is later than midnight. (4) Sign lighting may not be designed or located to cause confusion with traffic lights. (D) Placement standards. (1) In right-of-way. Supports for signs or sign structures shall not be placed in or upon a public right-of-way or public easement. (2) Over right-of -way. No ground sign shall project over a public right-of-way. (3) Blocking exits, fire escapes, etc. No sign or sign structure shall be erected that im- pedes use of any fire escape, emergency f -- 't, or standpi- - _'Xi Lpe. (4) All ground signs shall be erected within landscaped areas. Minimum distance from the edge of the landscaped area to the sign base shall be three (3) feet. The landscaping shall consist of shrubbery a minimum of thirty (30) inches high creat- ing a hedge or individual shrubs of the same or varying species thirty (30) inches high spaced not more than eighteen (18) inches apart at their base. (E) Clearance standards. (1) Over pedestrian ways. All signs over pe- destrian ways shall provide a minimum of nine (9) feet of vertical clearance, 6-117 NORTH PALM BEACH CODE (2) Over vehicular ways. All signs over vehic- ular ways shall provide a minimum of thirteen (13) feet six (6) inches of clear- ance. (F) Relationship to building features. A build- ing wall sign shall not extend beyond any edge of the surface to which it is attached, nor disrupt a major architectural feature of the building. (G) Maximum projection. A building wall sign may project no more than four (4) feet perpendic- ularly from the surface to which it is attached. (H) Maximum window coverage. The com- bined area of permanent and temporary signs placed on or behind windows shall not exceed ten (10) percent of the total window area at the same floor level on the side of the building or unit upon which the signs are displayed. (I) Sign concept for multiple occupancy com- plexes. A sign concept for building wall signs to be placed on multiple ple occupancy complexes shall be approved prior to a building wall sign being permitted to be constructed, altered or remodeled after the effective date of this code. The sign concept shall be included as a submittal for au- thorization to erect such a sign and shall be maintained on file in the department of commu- nity development. As a minimum, the sign con- cept shall specify the types, dimensions, place- ment, colors, and shape of the signs and the style of lettering which shall lend a unified appearance to the signs of the occupants of the complex. The sign concept shall only be modified with the approval of the planning commission upon sub- mission of a revised plan and specifications de- tailing the revised concept. The term sign concept shall include any master sign plan approval meet- ing the requirements of this subsection. Permits for building wall signs determined by the commu- nity development- director or the director's desig- nee to be in conformance with the approved sign concept and determined by the building official to be in compliance with all other requirements of this chapter may be issued without additional planning commission review or approval as oth- erwise required by article III of this chapter. (J) Signs required to be designed. The follow- ing signs shall be designed by a Florida registered architect or engineer: (1) Building wall signs that project perpen- dicularly from the surface to which it is attached and that are more than twelve (12) square feet in area. (2) Ground signs of more than forty (40) square feet in area. (3) All signs shall be designed to withstand a velocity pressure of fifty (50) pounds per square foot. (Ord. No. 24-93, § 2,10-14-93; Ord. No. 05-94, § 1, 3-10-94; Ord. No. 2006-24, § 2.C.3, 11-9-06; Ord. No. 2011-01, § 2, 1-27-11) See. 6-118. Severability. (a) Generally, If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconsti- tutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term or word of this article, (b) Severability where less speech results. With- out diminishing or limiting in any way the decla- ration of severability set forth above in subsection (a), above, or elsewhere in this article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, tee, or word of this article, even if such sever ability would result in a situation where there would be less speech, whether by subjecting pre- viously exempt signs to permitting or otherwise. (c) Severability of provisions pertaining to pro- hibited signs. Without diminishing or limiting in any way the declaration of severabilitv set forth above in subsection (a) above, or elsewhere in this article, this Code, or any adopting ordinance, if Sapp• No. 50 398.18 BUILDINGS AND BUILDING REGULATIONS any part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term or word of this article or any other law is declared unconsti- tutional by the valid judgment or decree of any court of competent jurisdiction the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term, or word of this article that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under section 6-113 of this article. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 6-113 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 6-113, thereby ensuring that as many prohibited sign-types as may be constitutionally prohibited continue to be prohib- ited. (Ord. No. 23-2005, § 1, 9-22-05) Sees. 6-119-6-149. Reserved. ARTICLE VI. ENERGY EFFICIENCY BUILDING CODE Sec. 6-150. Adopted by reference. Under the authority of F.S. section 163.295, the village hereby adopts, by reference thereto, the Florida Model Energy Efficiency Code, for Build- ing Construction, 1986 edition, as the energy code "een 1V1 at (10) days last past and shall be during the time that this code is in effect, three (3) copies of such code and recommended amendments kept avail- able for public use, inspection and examination. (Ord. No. 6-79, § 1, 4-26-79; Ord. No. 23-80, § 1, 10-9-80) ARTICLE VII. COASTAL CONSTRUCTION CODE* See. 6-151 Title. The provisions contained herein shall consti- tute the coastal construction code for construction ,:Editor's note--ordinance No, 22-86, § 1, adopted Dec. 11, 1986, amended Art. VII in its entirety to read as herein set § 6-152 within the coastal building zone and coastal bar- rier islands in the village and shall be referred to as the "coastal code." (Ord. No. 22-86, § 1, 12-11-86) Sec. 6-152. Purpose. The purpose of the coastal code is to provide minimum standards for the design and construc- tion of buildings and structures to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal area of the village which front on the Atlantic Ocean. These standards are intended to specifically address design features which affect the structural stabil- ity of the beach, dunes and topography of adjacent properties. The coastal code is site specific to the coastal building zone as defined herein. and is not applicable to other locations. In the event of a conflict between this article and other sections of this Code, the requirements resulting in the more restrictive design shall apply. No provisions in this article shall be construed to permit any con- out in §§ 6-151-6-156. Formerly, Art. VII, §§ 6-156-6-164, relative to the coastal construction code, derived from Ord. No. 3-86, § 1, adopted March 27, 1986. Cross references—Boats, docks and waterways, Ch. 5; construction requirements for canals, etc., § 5-56 et seq.; bulkhead lines, Ch. 7; flood damage prevention, Ch. 12.5, Supp. No. 50 398.19 BUILDINGS AND BUILDING REGULATIONS § 6 -154 struction in any area prohibited by city, county, (6) Construction of minor structures as defined state or federal regulation. herein, except for the requirements of sec - (Ord. No. 22 -86, § 1, 12- 11.86) tion 6- 155(3). Sec. 6153. Scope. (a) Applicability. The requirements of this coastal code shall apply to the following types of construction in the coastal building zone and on coastal barrier islands in the village: (1) The new construction of, or substantial im- provement to, major structures, nonhabit- able major structures, and minor structures as defined herein. (2) Construction which would change or other- wise have the potential for substantial im- pact on coastal zones (i.e. excavation, grading, paving). (3) Construction located partially within the coastal building zone. (4) Reconstruction, redevelopment or repair of a damaged structure from any cause which meets the definition of substantial improve- ment as defined herein. (b) Exceptions. The requirements of the coastal code shall not apply to the following: (1) Minor work in the nature of normal beach cleaning and debris removal. (2) Structures in existence prior to the effec- tive date of the code, except for substantial improvements as defined herein. (3) Construction for which a valid and unex- pired building permit was issued prior to the effective date of this code, (4) Construction extending seaward of the sea- sonal high -water line which is regulated by the provisions of section 161,041, Florida Statutes (i.e. groins, jetties, moles, break- waters, seawalls, piers, revetments, beach nourishment, inlet dredging, etc.). (5) Construction of nonhabitable major struc- tures as defined herein, except for the re- quirements of section 6. 155(2). 399 (7) Structures listed in the national register of historic places or the state inventory of his- toric places. (8) Construction for improvement of a major structure to comply with existing state or local health, sanitary, or safety code speci- fications which are solely necessary to as- sure safe living conditions. (c) Application for permits. Applications for building permits for construction in the coastal building zone and on coastal barrier islands, if not of normal or usual design, may be required by the building official to be certified by an architect or professional engineer registered in the state. Such certifications shall state that the design plans and specifications for the construction are in compli- ance with the criteria established by this coastal code. (Ord. No. 22 -86, § 1, 12- I1 -86) Sec. 6.154. Definitions. The following terms are defined for general use in the coastal code: Beach means the zone of unconsolidated mate- rial that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to tiic .111 of permanent vegetation, usually the ef- fective limit of storm waves. `Beach" is alterna- tively termed "shore." Breakaway wall or frangible wall means a par- tition independent of supporting structural mem- bers that will withstand design wind forces, but which will fail under hydrodynamic, wave, and runup forces associated with the design storm surge. Under such conditions, the wall shall fail in a manner such that it breaks up into compo- nents which minimize the potential for damage to life or adjacent property. It shall be a character- istic of a breakaway or frangible wall that it shall have a horizontal design loading resistance of no less than ten (10) nor more than twenty (20) pounds per square foot. § 6-154 NORTH PALM BEACH CODE Building support structure means any structure which supports floor, wall or column loads, and transmits them to the foundation. The term shall include beams, grade beams or joists; and includes the lowest horizontal structural member exclu- sive of piles, COIUMDS or footings. Coastal barrier islands means geological sur- face features above mean high water which are completely surrounded by marine waters, that front upon the open waters of the Atlantic Ocean and are composed of quartz sands, clays, lime- stone, oolites, rock, coral, coquina, sediment or other material, including soil disposal. Mainland areas which were separated from the mainland by artificial channelization for the purpose of as- sisting marine commerce shall not be considered coastal barrier islands. Coastal building zone means the land area be- tween the seasonal high water line and a line five thousand (5,000) feet landward from the coastal construction control line or the entire island, whichever is less. Coastal construction control line means the land- ward extent of that portion of the beach-dune system which is subject to severe fluctuations based upon a one-hundred-year storm surge, storm waves, or other predictable weather conditions as established by the department of natural resources in accordance with section 161.053, Florida Stat- utes. Construction means the building of or substan- tial improvement to any structure or the clearing, filling, or excavation of any land. It shall also mean any alterations in the size or use of any existing structure or the appearance of any land. When appropriate to the context, "construction" refers to the act of construction or the result of construction. Dune means a mound or ridge of loose sedi- ments, usually sandsized, deposited by natural or artificial means, which lies landward of the beach. Major structure includes, but is not limited to, residential buildings including mobile homes, com- mercial, institutional, industrial and other con- struction having the potential for substantial im- pact on coastal zones. W Mean high water line means the intersection of the tidal plane of mean high water with the shore. Mean high water is the average height of high waters over a nineteen-year period. Minor structure includes, but is not limited to, pile-supported, elevated dune and beach walkover structures; beach access ramps and walkways; stairways; pile-supported elevated viewing plat- forms, gazebos, and boardwalks; lifeguard sup- port stands; public and private bathhouses; side- walks, driveways, parking areas, shuffleboard courts, tennis courts, handball courts, racquetball courts, and other uncovered paved areas; earth retaining walls; sand fences, privacy fences, orna- mental walls, ornamental garden structures, avi- aries and other ornamental construction. It shall be a characteristic of minor structures that they are considered to be expendable under design wind, wave and storm forces. Nonhabitable major structure includes, but is not limited to, swimming pools; parking garages; pipelines; piers; canals, lakes, ditches, drainage structures, and other water retention structures; water and sewage treatment plants; electrical power plants, transmission and distribution lines, transformer pads, vaults and substations; roads, bridges, streets and highways; and underground storage tanks. NGVD means national geodetic vertical datum, a geodetic datum established by the national ocean service and frequently referred to as the 1929 mean sea level datum. One-hundred-year storm or 100-year storm means a shore incident hurricane or any other storm with accompanying wind, wave, and storm surge intensity having a one-percent chance of being equaled or exceeded in any given year, during any one-hundred-year interval. Seasonal high water line means the line formed by the intersection of the rising shore and the elevation of one hundred fifty (150) percent of the local mean tidal range above mean high water. State minimum building code means the building code adopted by a municipality or county pursuant to the requirements of F,S. section 553.73. BUILDINGS AND BUILDING REGULATIONS Substantial improvement means any repair, re- construction, or improvement of a structure, the cost of which equals or exceeds a cumulative total of fifty (50) percent of the market value of the structure either: (1) Before the repair or improvement is started; or (2) If the structure has been damaged and is beingrestored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other struc- tural part of the building commences, whether or not that alteration affects the external dimen- sions of the structure. The term does not, how- ever, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or any alteration of a structure listed on the national register of historic places or the state inventory of historic places. (Ord. No. 22-86, § 1, 12-11-86) See. 6-155. Coastal construction require- ments. Construction within the coastal building zone and on coastal barrier islands shall meet the re- quirements of this article, All structures shall be dpsioned sn ns to minimi7.p r1.qm_qar,- fn lifp nr n- erty, and the natural environment. Assistance in determining the design parameters to minimize such damage may be found in the reference doc- uments listed in section 6-156. (1) Structural requirements for major struc- tures: (a) Design and construction: Major struc- tures shall be designed and constructed in accordance with section 1205 of the 1986 revisions to the 1985 Standard Building Code using a fastest-mile wind velocity of one hundred ten (110) miles per hour. Major structures shall also comply with the applicable standards 401 § 6-155 for construction found elsewhere in the village building code. Elevation, floodproofing, and siting. All major structures shall be designed, con- structed and located in compliance with the National Flood Insurance Regula- tions as found in 44 CFR Parts 59 and 60 or Chapter 12.5 of the village Code, whichever is more restrictive, (b) Design conditions,- velocity pressure: Major structures shall be designed in accordance with the requirements of section 1205 of the 1986 revisions to the 1985 Standard Building Code using a minimum fastest-mile wind velocity of one hundred ten (110) miles per hour. These minimum design pressures are as follows: Table 1205,2A Velocity Pressure (ps)? Building Height 60 feet or less Fastest-Mile Wind Velocity, Mean Roof Height (ft.) V(mph) 110 0-15 .................... 25 20 . .. . , . . ................. 28 40 ........................ 34 60 ........................ 38 Table 1205.3A Gust Velocity Pressure (psl) Building Height Greater Than 60 feet Fastest-Mile Wind Velocity, V (mph) 110 Coastal Height Exposure 110 0— 30 .................. 35 31— 50 . . ............. _ 40 51-100 _ . ............... 47 100-200 ............... 54 200-300 ............... 61 300-400 .................. 66 400-500 .................. 70 (c) Foundations: The elevation of the soil surface to be used in the design of foun- § 6 -155 NORTH PALM BEACH CODE dations, calculation of pile reactions and bearing capacities shall not be greater than that which would result from the erosion reasonably anticipated as a result of design storm conditions. Foundation design and construction of a major structure shall consider all an- ticipated loads acting simultaneously with live and dead loads. Erosion com- putations for foundation design shall account for all vertical and lateral ero- sion and scour producing forces, in- cluding localized scour due to the pres- ence of structural components. Foundation design and construction shall provide for adequate bearing ca- pacity taking into consideration the type of soil present and the anticipated loss of soil above the design grade as a result of localized scour. Erosion com- putations are not required landward of coastal construction control lines estab- lished or updated since June 30, 1980. Upon request the department of nat- ural resources may provide informa- tion as to those areas within coastal building zones where erosion and scour of a one - hundred -year storm event is applicable. (d) Wave forces: Calculations for wave forces resulting from design storm con- ditions on building foundations and su- perstructures may be based upon the minimum criteria and methods pre- scribed in the Naval Facilities Engi- neering Command Design Manual, NAVFAC DM -26, U.S. Department of Navy; Shore Protection Manual, U.S. Department of the Army Corps of En- gineers; U.S. Department of the Army Coastal Engineering Research Center Technical Papers and Reports; the Technical and Design Memoranda of the Division of Beaches and Shores, Florida Department of Natural Re- sources; or other professionally recog- nized methodologies which produce equivalent design criteria. Breaking, broken, and nonbreaking waves shall be considered as applicable. Design 402 wave loading analysis shall consider vertical uplift pressures and all lateral pressures to include impact as well as dynamic loading and the harmonic in- tensification resulting from repetitive waves. (e) Hydrostatic loads: Calculations for hy- drostatic 'loads shall consider the ,max- imum water pressure resulting from a fully peaked, breaking wave superim- posed upon the design storm surge with dynamic wave setup. Both_ free and hy- drostatic loads shall be considered. Hy- drostatic loads which are confined shall be determined by using the maximum elevation to which the confined water would freely rise if unconfined. Ver- tical hydrostatic loads shall be consid- ered both upward and downward on horizontal or inclined surfaces of major structures (i.e. floors, slabs, roofs, walls). Lateral hydrostatic loads shall be considered as forces acting horizon- tally above and below grade on ver- tical or inclined surfaces. Hydrostatic loads on irregular or curved geometric surfaces shall be determined by consid- ering the separate vertical and hori- zontal components acting simulta- neously under the distribution of the hydrostatic pressures. (€) Hydrodynamic loads: Hydrodynamic loads shall consider the maximum water pressures resulting from the mo- tion of the water mass associated with the design storm. Full intensity loading shall be applied on all structural sur- faces above the design grade which would affect the flow velocities. (2) Structural requirements for nonhabitable major structures: Nonhabitable major struc. tures need not meet the specific structural requirements of section 6. 155(1), except that they shall be designed to produce the min- imum adverse impact on the beach and dune system and shall comply with the ap- plicable standards of construction found in the village building code. All sewage treat- ment and public water supply systems shall be floodproofed to prevent infiltration of sur- BUILDINGS AND BUILDING REGULATIONS face water anticipated under design storm conditions. Underground utilities, excluding pad transformers and vaults, shall be flood- proofed to prevent infiltration of surface water expected under design storm condi- tions or shall otherwise be designed to func- tion when submerged under such storm con- ditions. (3) Structural requirements for minor struc- tures: Minor structures need not meet the specific structural requirements of section 6-155(1), except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construc- tion found in the village building code. (4) Location of construction: Construction, ex- cept for elevated walkways, lifeguard sup- port stands, piers, beach access ramps, ga- zebos, and coastal or shore protection structures, shall be located a sufficient dis- tance landward of the beach to permit nat- ural shoreline fluctuations and to preserve dune stability, Construction, including ex- cavation, may occur to the extent that the natural storm buffering and protection ca- pability of the dune is not diminished. (5) Public access: Where the public has estab- lished an accessway through private lands to lands seaward of mean high tide or water line by prescription, prescriptive easement, or other legal means, development or con- struction shall not interfere with such right of access unless a comparable alternative accessway is provided. The developer shall have the right to improve; consolidate, or relocate such public accessways so long as they are: (a) Of substantially similar quality and convenience to the public; (b) Approved by the local government and approved by the department of natural resources whenever improvements are involved seaward of the coastal con- struction control line; and (c) Consistent with the coastal manage- ment element of the local comprehen- § 6-156 sive plan adopted pursuant to section 163.3178, Florida Statutes. (Ord. No. 22-86, § 1, 12-11.86) See, 6.156, References. Assistance in determining the design parame- ters and methodologies necessary to comply with the requirements of this article may be obtained from: Shore Protection Manual, U.S, Army Corps of Engineers, 4th edition, 1984. U.S. Department of the Army, Coastal Engi- neering Research Center's Technical Pa- pers and Reports, Florida Department of Natural Resources, Di- vision of Beaches and Shores Technical and Design Memoranda. Naval v V11—.1*11vu-i,-i- — 1_ju�jlgli Manual, NAVFAC DM-26, U.S. Department of the Navy, Coastal Construction Manual, Federal Emer- gency Management Agency, February, 1986. (Please note that the wind design sec- tion is based upon the 1982 edition of the Standard Building Code with the 1984 ac- cumulated amendments and not the 1985 edition of the Standard Building Code with the 1986 revisions as required by section 161.55(1)(d), Florida Statutes), (Ord. No. 22-86, § 1, 12-11.86) [The next page is 4531 493 "PE NDIX C—ZONING Lamp post is a free standing structure that is not more than four (4) inches in width and depth and/or diameter and not more than eighty-four (84) inches in height. The installation of a lamp post shall comply with all village building, elec- trical and zoning codes. A lamp post may be installed within the main building setback area. Living area is that area within any dwelling or roorning unit, measured between the inner sides of the exterior walls, made usable for human habitation, with the following exceptions: Any utility room or storage space that is not accessible from within the principal structure; all common corridors, hallways or exits provided for access or vertical travel between stories of apartments of multifamily units. Lot is a parcel of land occupied or to be occupied by one (1) main building and its accessory build- ings with such open and parking spaces as are required by the provisions of this ordinance, and having its principal frontage upon a street. Lot of record is a part of the land subdivision, the map of which has been recorded in the office of the clerk of the court of Palm Beach County, Florida. Medical or dental office or clinic means a facility providing health care services to the pub- lic by physicians, dentists, chiropractors, osteo- paths, physical therapists, nurses, acupunctur- ists, podiatrists, optometrists, Dsvehiatrists or others who are duly licensed to practice their respective medical or dental profession in the State of Florida, as well as those technicians and assistants who are acting under the supervision and control of a licensed health care practitioner. These uses shall not include establishments where patients are lodged overnight and are subject to additional regulations regarding the dispensing of controlled substances set forth in section 45- 36.5 of this chapter. Mixed -use commercial means a combination of retail commercial and non-retail commercial busi- nesses where non-retail tenants comprise fifty (50) percent or more of the gross floor area. Any combination of retail and non-retail businesses Supp. No. 50 2481 § 45-2 where the retail component comprises fifty (50) percent or more of the gross floor area shall be classified as a retail commercial facility. Mobile home park means a residential tenancy in which a mobile home is placed upon a rented or leased lot in a park in which ten (10) or more lots are offered for rent or lease. Motel is a group of two (2) or more attached, detached, or semidetached buildings containing guest rooms or apartments with automobile stor- age or parking space provided in connection there- with, designed and used primarily by automobile transients. Nan-retail commercial means any business clas- sified as other than "retail trade" using the Stan- dard Industrial Code (S.I.C.) System, provided that such business is permitted by the Village Code of Ordinances. Occupied shall be deemed to include the words "arranged," "designed" or "intended to be occu- pied." Open-air pavilion means a detached ancillary structure, open on all sides, with a partial to full roof covering of some type used for recreation, entertainment, contemplation or meditation pur- poses. This definition shall include all types of chickee or tiki huts, pergolas, gazebos, and other pavilion-type structures. Pharmacy is an establishment primarily on- gaged in the retail sale of a variety of prescription and non - prescription drugs and medicines, pros- thetic supplies, surgical instruments and sup- plies, and sale and/or rental of aids for invalids. These uses are subject to additional regulations regarding the dispensing of controlled substances set forth in section 45-36.T of this chapter. Principal building or structure is the building or structure in which the principal use of the lot is conducted. Principal use is the primary or predominant use of any lot. Rear yard is that area between the rear build- ing line and the rear lot line, and extending from § 45-2 NORTH PALM BEACH CODE one (1) side line to the other. On all lots the rear ing codes, electrical codes, zoning codes yard shall be in the rear of the front yard facing and other village codes that may apply the street. thereto. Resident cif a community residential home means. any of the following: an aged person as defined in FS. chapter 400; a physically disabled or handi- capped person as defined in F.S. chapter 760; a developmentally disabled person as defined in F.S. chapter 393; a nondangerous mentally ill person as defined in F.S. chapter 394; or a child as defined in F.S. chapter 39. Residents, as defined in F.S. chapters 400, 760, 393 and 394, shall not reside in the same community residential home as a child as defined in F.S. chapter 39. Retail commercial means any business classi- fied as a "retail trade" establishment using the Standard Industrial Code (S.I.C.) System, pro- vided that such business is permitted by the Village Code of Ordinances. Satellite television antenna is an apparatus capable of receiving communications from a trans- mitter or a transmitter relay located in planetary orbit. Usable satellite signal is a signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television. Satellite dish antennas may be erected as an accessory structure in R-1 and R-2 zoning districts, subject to the following restrictions: (1) The satellite television antenna shall be mounted on the ground only, and shall be located only in the rear yard of any lot. The satellite television antenna shall be placed so that there shall be a rear and side yard of not less than five (5) feet, or if a corner lot, a side street yard of not less than twenty (20) feet. (2) Such antenna shall not exceed fifteen (15) feet in height, including any platform or structure upon which said antenna is mounted or affixed. Such antenna may not exceed fifteen (15) feet in diameter. (3) Installation of a satellite television an- tenna shall comply with the village build- Supp. No. 50 2482 (4) Not more than one (1) satellite television antenna shall be allowed on any lot. (5) Satellite television antennas shall meet all manufacturer specifications, be of non- combustible and corrosive-resistant mate- rial, and be erected in a secure, wind- resistant manner. Every such antenna must be adequately grounded for protec- tion against a direct strike of lightning. (6) Satellite television antenna shall be screened fi-om all adjoining private prop- erty by an opaque fence, an opaque wall or by natural landscape planting so planted as to provide maximum opacity that is a minimum of six (6) feet in height from grade. Setback means the distance measured from a side, rear and front lot line or from the currently designated ultimate right-of-way line (i.e., fed- eral, state, county and village) to the closest point within the lot that may be occupied by a building or an accessory structure. Front setbacks shall be based on the platted front line of the property or on the ultimate right-of-way line as determined by the village. Side yard is that area between the side build- ing line and the side line of the lot and extending from the front building line to the rear building line. Story is that portion of a building between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between any floor and the ceiling next above it. Street is any public or private thoroughfare which affords the principal means of access to abutting property. It may be designated on the map as a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or otherwise. Structure is anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. APPENDIX C—ZONING Time-share unit is a dwelling unit in which the right of use or occupancy circulates among vari- ous persons for specific periods of time less than one (1) year in accordance with a fixed time schedule. Traditional chickee but means a type of chickee but that consists solely of an open-sided wooden but with a thatched roof of palm or palmetto or other traditional materials constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida and that does not incor- porate any electrical, plumbing or other non-wood features. Transient commercial means any one, or a combination of the following businesses oriented to serving either village residents or the motoring public (i.e. in transit through or visiting the area); (1) the sale of fuel, convenience goods and/or minor vehicular repair services; (2) hotel and/or motel accommodations; (3) restaurant facilities; (4) florist, tobacco store and stand, and hobbies, toys and garnes. Used shall be deemed to include the words "arranged", "designed" or "intended to be used." Yard is the open space on the same lot with the main building, unoccupied and unobstructed from the ground upward. Xeriscape means a method of water conserva- tion gained through the utilization of trees, shrubs, vines, plants, groundcover and turf grasses which a-r,, drnmilit. t.nl(-,r,9nt. Tbo of qn- propriate planning and design, use of soil amend- ments, efficient irrigation, practical turf grass, use of drought tolerant plants, mulches and ap- propriate maintenance results in reduced water consumption but still provides a very wide range of attractive landscaping alternatives. (Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82; Ord. No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1, 6-28-90; Ord. No. 21-90, § 1, 6-28-90; Ord. No. 23-90, § 1, 6-28-90; Ord. No. 10-95, § 1, 3-23-95; Ord. No. 23-95, § 1, 7-17-95; Ord. No. 29-95, § 1, 9-28-95; Ord. No. 4-98, § 1, 1-2-98; Ord. No. 05-2001, § 1, 3-8-01; Ord. No. 26-2001, § 1, 8-23-01; Ord. No. 2009-04, § 2, 4-23-09; Ord. No. 2010-21, § 4, 11-18-10; Ord. No. 2011-02, § 2, 2-10-11) Cross reference --- Definitions for Code in general, § 1-2, Supp. No. 50 2483 See. 45-3. Interpretation of provisions. § 46-6 In interpreting and applying the provisions of this ordinance, they shall be held to be the mini- mum requirements for the promotion of the public health, safety, morals and general welfare of the community. Sec. 45-4. Conflict of provisions. (1) It is not intended by this ordinance to interfere with or abrogate or annul any ease- ments, covenants or other agreements between parties. (2) That where this ordinance imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by ease- ments, covenants, or agreements, the provisions of this ordinance shall control. See. 45-5. Changes and amendments. The village council may, from time to time, on its own motion or on petition, amend, supple- ment, change, modify or repeal by ordinance the boundaries or districts or regulations or restric- tions herein established, after public hearing. See. 45-6. Penalty for violation of provi- sions. Anv person who shall violate anv of the orovi- sions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and ap- proved thereunder, upon conviction thereof shall be punished as provided in section 1-8 [of the village Code], and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any buildings or premises or part thereof, where anything in vio- lation of this ordinance shall be Placed, or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith shall each be guilty of a separate of- fense and upon conviction thereof shall be pun- ished as provided in section 1-8. § 45-7 NORTH PALM BEACH CODE Sees. 45-7-45-15. Reserved. ARTICLE 11. GENERALLY See. 45-16. Division of village into districts; -districts enumerated. In order to classify, regulate and restrict the uses of land and buildings, the height and bulk of buildings, the amount of open spaces about build- ings, intensity of land use, the Village of North Palm Beach, Florida is divided into twelve (12) zoning districts, as follows: R-1 Single-family dwelling district R-2 Multiple-family dwelling district R-3 Apartment dwelling district C-A Commercial district CAA Limited commercial district CB Commercial district C-1 Neighborhood commercial district C-2 Automotive commercial district C-3 Regional business district P Public district C-OS Conservation and open space CC Transitional commercial district In the creation of this ordinance of the respec- tive districts, the village council has given due and careful consideration to the peculiar suitabil- ity of each district for the particular uses and regulations applied thereto and to the densities of population, all in accordance with the comprehen- sive development plan of the village. (Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1, 9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No. 1-95, § 1, 3-23-95; Ord. No. 33-97, § 1, 7-10-97) See. 45'46.1. Similar uses. (a) A use within a commercial zoning district not specifically listed as a permitted use, but possessing characteristics similar to a permitted use, may be established upon written application to the community development director for a special use permit, (b) In evaluating an application for a special use permit for the establishment of a similar use, the community development director shall, in consultation with other village departments, con- Supp. No. 50 2484 sider the characteristics of the proposed use, including, but not limited to, size, intensity, den- sity, operating hours, demands for public facili- ties, traffic impacts and business practices. (c) Upon review and evaluation of the applica- tion, the community development director shall present his or her recommendation to the village council for final consideration on the next avail- able council agenda, (d) The village council shall conduct a public hearing on the application for special use permit and determine whether the application meets the criteria set forth in subsection (b) above. The village council shall grant or deny the application by written order. (e) In granting a special use permit, the village council may impose conditions necessary to en- sure that the proposed use: (1) Is compatible with the existing or planned character of the neighborhood in which it would be located; (2) Will not have an adverse impact upon adjacent properties; and (3) Will not interfere with the use of adjacent properties. Such conditions may include restrictions on the size and operating hours of the proposed use. (f) If the conditions imposed by the special use permit are not met, the community development director may revoke the permit. A permit holder may appeal the revocation of a special use permit by filing an appeal, in writing, to the Zoning Board of Adjustment within thirty (30) days of receipt of written notice of revocation. (Ord, No. 2007-16, § 2, 10-25-07) See. 45-17. Official zoning map. (1) Adopted by reference. The aforesaid dis- tricts and the boundaries thereof are as shown upon the "official zoning map" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this ordinance as if the information set forth on the map was all, fully described and set out herein, APPENDIX C---ZONING (2) Identification. The official zoning map shall be identified by the signature of the mayor at- tested by the village clerk, and bearing the seal of the village under the following words: "This is to certify that this is the official zoning map referred to in section 3 of Ordinance No. 20 of the Village of North Palm Beach, Florida, as amended," to- gether with the date of the adoption of this ordinance. (3) Changes. (a) If, in accordance with the provisions of this ordinance changes are made in dis- trict boundaries or other matter por- trayed on the official zoning map, such changes shall be entered on a new official zoning map promptly after the amend- ment has been approved by the Village Council. The new official zoning map shall be adop.ed in ac_—Mlance 1Witb. Pi,oviS—ions set forth in Sect-ion 45-17(5). (b) No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in subsection (3)(a). Any unauthorized change of whatever kind or any failure to make a change when directed by ordinance by any person or persons shall be considered a violation of this ordinance and punishable as pro- vided under section 45-6 of this ordi- nance. Supp. No. 50 2485 § 45-17 AP13ENDIX C—ZONING entire roofed area. For structures sup- ported by a single-pole, i.e., umbrella shape, the floor area shall be measured from the drip line of the roof material. 3. Height. Open-air pavilions shall not ex- ceed twelve (12) feet in height or the height of the principal building located on the lot, whichever is more restrictive. For sloped roofs, the height shall be measured at the mean roof height. 4. Location and Setbacks. (a) No open-air pavilion may be erected within ten (10) feet of the side prop- erty line. This side setback shall be increased to twenty (20) feet for cor- ner lots. (h) Nn nnon-air nnvilinn rn.9v h,- PrPtApr] within seven and one-half (71/2) feet of the rear property line. (c) No open-air pavilion or any portion thereof may be erected between the front line of the principal building and the front property lot line, within a utility or drainage easement, or within a required landscape buffer. 5. Use restrictions. (a) An open-air pavilion shall be used only for private recreational activi- ties as an accessory use to the prin- cipal - L " Ubawnwal _ L 5u a1_ U m 611all I-LUE, UU used for habitation, for a tool room, storage room or workshop, or for any commercial purpose whatsoever. (b) Open-air pavilions shall not be used for storage of items of personal prop- erty, including, but not limited to, the following: (1) Operable or inoperable vehi- cles, boats, boat trailers, utility trailers or similar items of per- sonal property; (2) Building materials, lawn equip- ment, tools or similar items; and § 45-27 (3) lee boxes, refrigerators and other types of food storage fa- cilities with the exception of under-counter units. (c) No gas, charcoal or propane grills, stoves or other types of cooking de- vices may be stored or -utilized within a traditional chickee hut. 6. Maintenance. Open-air pavilions shall be maintained in good repair and in sound structural condition. Painted or stained surfaces shall be free of peeling paint, mold and mildew and void of any evidence of deterioration. 7. Design. (a) Open-air pavilions, with the excep- tion of traditional chickee buts, per- volas and other structures with only partial or slatted roofs, shall incor- porate the same types of building materials and be consistent with the architectural theme or style of the main or principal building. (b) At the request of a property owner, the community development direc- tor may approve the use of different building materials or alternate ar- chitectural themes or styles when such materials, themes or styles are complementary to the main or prin- cipal building. (c) Should the community development director deny the request for differ- ent building materials or alternate architectural themes or styles, a prop- erty owner may appeal this decision to the planning commission by sub- mitting a written request for a hear- ing to the community development director within thirty (30) calendar days of the date of the determina- tion. The appeal shall be placed on the next available agenda and the decision of the planning commission shall be final, subject only to judicial review by writ of certiorari. (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. No. 17-90, § 2, 6-28-90; Ord. No. 29-95, § 2, Supp. No. 41 2486.9 § 45-27 NORTH IIALM BEACH CODE 9-28-95; Ord. No. 23-2003, § 5, 9-11-03; Ord. No. 2006-24, § 2.L.2, 11-9-06; Ord. No. 2009-04, § 4, 4-23-09) See, 45-2& R-2 multiple-family dwelling dis- trict. A. Uses permitted. Within any R-2 multiple- family dwelling district, no building structure, land or water shall be used, except for one (1) or more of the following uses: 1. Any use permitted in the R-I single- family dwelling district. 41 No. upp. S f 2486.10 APPENDIX C—ZONING 2. Churches. 3. Multiple-family dwelling structures of not more than four (4) dwelling units. 4. Detached fence storage areas. 5. Satellite dish antenna. 6. Community residential home of seven (7) to fourteen (14) residents. B. Building height regulations. No main building shall exceed two (2) stories or thirty (30) feet in height, whichever be less. C. Building site area regulations. 1. For single-family dwellings the same as for the R-1 single-family dwelling district. 2. For two-family dwelling structures the min- imum lot or building site area shall be eight thousand (8,000) square feet and have a -W L.1.. ol"not'less t et—five /net 11 lian sevnY a (0) LCC L, For dwelling structures having in excess of two (2) dwelling units not less than four thousand (4,000) square feet of lot area shall be added to the site for each dwelling unit in excess of two (2). No main building, how- ever, shall occupy more than thirty-five (36) percent of the site area, D. Yard space regulations. 1. Front yard, There shall be a front yard of not less than twenty-five (25) feet measured from the street line to the front building line. 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured from the rear building line to the rear lot line. Side yards. There shall be a side yard on each side of the side building line of not less than ten (10) feet, In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. (a) For a distance of one (1) block on streets intersecting U.S. [Highway No.] 1, mea- sured from the right-of-way line of said U.S. [Highway No.] 1, side yards of at 2487 § 45-28 least twenty-five (25) feet in depth shall be provided. E. Floor area regulations. In multiple-family dwelling structures, each dwelling unit having one (1) bedroom shall have a minimum floor area of seven hundred fifty (750) square feet. An addi- tional one hundred fifty (150) square feet of floor area shall be required for each additional bed- room provided. F. Off-street parking regulations. 1. For single-family dwellings, the same as for the R-1 single-family dwelling district, 2. For each multiple-family dwelling unit, there shall be provided two (2) or more parking spaces of two hundred (200) square feet each, in accordance with the following formula: Two (2) such spaces shall be pro- vided for each dwelling unit containing not more 1 lan L'WU - kI/M ) UUUrVU11zj and wu W_1U one-half (21/2) of such spaces shall be pro- vided for each dwelling unit containing three (3) or more bedrooms, with the provi- sion that for an uneven number of units, the fractional space result produced by the application of such formula shall count as a full space, (For examples: four (4) dwelling units containing three (3) or more bedrooms shall require ten (10) off-street parking spaces; three (3) dwelling units containing three (3) or more bedrooms shall require eight (8) off-street parking spaces.) 3. For churches, there shall be provided one (1) off-street parking space of at least two hundred (200) square feet for each four (4) people accommodated within the church au- ditorium, 4. For schools, there shall be one (1) off-street parking space of at least two hundred (200) square feet for every one thousand (1,000) square feet of floor area. G. Community residential home regulations, 1. When a site for a community residential home has been selected by a sponsoring agency, the agency shall notify the mayor and village manager in writing and include in such notice the specific address of the § 45-28 2. NORTH PALM BEACH CODE site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the district administrator of HRS indicating the need for and the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and su- pervision of the clients in the home, The HRS district administrator shall also pro- vide the Village the most recently published data compiled that identifies all commu- nity residential homes in the district in which the proposed site is to be located. The village shall review the notification of the sponsoring agency in accordance with the zoning code. 3. The village shall not deny the siting of a community residential home unless the vil- lage establishes that the siting of the home at the site selected: (a) Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the area; (b) Does not meet applicable licensing cri- teria established and determined by the Florida Department of Health and Re- habilitative Services, including require- ments that the home be located to as- sure the safe care and supervision of all clients in the home; (c) Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the vil- lage, such that the nature and char- acter of the area would be substan- tially altered. A home that is located with-in a radius of one thousand two hundred (1,200) feet of another existing community residential home in a mul- tifamily zone shall be an overconcen- tration of such homes that substan- tially alters the nature and character of the area. A home that is located within five hundred (500) feet of an area ME of single-family zoning substantially al- ters the nature and character of the area. (d) All distance requirements in this sec- tion shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed home. 4. A dwelling unit housing a community res- idential home shall be subject to the same village laws and ordinances applicable to other noncommercial, residential family units in this zoning district. (Ord. No. 204-69, H 1, 2; Ord. No. 17-71, § 2; Ord. No. 10-73, §§ 3, 4, 9-13-73; Ord. No. 9-85, § 3, 6-27.86; Ord, No. 17.90, § 3, 6-28-90) Editor's note—Subsection E of this section derived from Ord. No. 204-69, § 2, which did not specifically amend the 1970 Code and was codified as subsection E at the discretion of the editor. Sec. 45-29. Reserved. Editor's note—Section 46.29, setting forth -regulations for the R-2A limited multiple - family dwelling district, was re- pealed by Ord. No. 10-73, § 2, enacted on September 13, 1973. Sec. 45-30. R-3 apartment dwelling district. A. Uses permitted. Within any R-3 apartment dwelling district, no building structure, land or water shall be used, except for one (1) or more of the following uses: 1. Any use permitted in the R-2 multiple- family dwelling district. 2. Multiple-family dwelling structures having five (5) or more dwelling units. B. Building height regulations. For buildings in excess of two (2) stories or thirty (30) feet in height, five (5) feet shall be added to 'Ile required front, rear and side yard setbacks for each story in excess of two (2). No main building, however, shall occupy more than thirty-five (35) percent of the site area so required. C. Building site area regulations. 1. For two-family dwelling structures the min- imum lot or building site area shall be eight thousand (8,000) square feet, and have a STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section Section Section this Code Section this Code 1.01 27-31 175.061((71 2-169 1.01 et seq, 1-2 175.071(1) 2-166 ch. 22F App. B, Art. 11, 175.071(8) 2-166 § 36-10 175.101 26-17 ell. 39 App. C, § 45-2 175.333 2-162 Ch. 60 2-181 ch. 177 App. B, Art. 1, 50.041 2-181 § 36-2 50.051 2-181 App. 13, Art. 11, 55.03 29-5(a) § 36-8 ch. 98 Ch, 10 App B, Art, 11, 101-657 10-7 § 36-15 112.181 2-161(e)(9) App. 13, Art. IV, ch. 121 2-155 § 36-27 161,55(1)(d) 6-156 ch. 185 2-167 161.041 6-153 186.05(6) 2-169 161.053 6-154 185M(1)(b) 2-166 ch. 162 2-174 185,06(7) 2-166 162.12(2) 2-180 185.08 26-16 ch. 163 12.5-1 202.195 29-8(m) 21-1 201012 26-51,29-3 21-11 29-5(b-) 21-43, 21-44 20U12(5)(b) 26-51 App. B, Art. 1, ch. 205 Ch. 17, Art. 11 36-2, App. B, Art, 205.043(2), 1, § 36-4 205.043(3) 17-24, 17-25 App. B, Art. 11, 205,053 17-20 § 36-16 205,192 17-22 App. B, Art. V1 210.03 17-33 163.01 2-4(f) ch, 212 26-53 163.161 (A seq. 21-01 215.473 2-166 ell. 16.14.170 AIM- R Art.. TL 9.99 17 -r1-1 §163.3164(17) § 36-10 ch. 252 Ch. 8 163.225(3)(a)—(c) 5-86 8-4(a)(2) 163.295 6-150 252.38 et seq. 8-6 163.3161 et seq. Ch. 21, Art. 11 253.125 7-19 163.3177 21-44 280.02 2-4(1-) 163.3178 6-155 286.011 2-1 21-44 Ch. 316 18-20 163.3180(12) 21-48 316.008 Ch. 18 ch. 166 6-16 316,272 19-117 Ch. 24 316,293 19-117 Ord, 1Wo, 2478 § 3 316.1955, 316.1956 18-37 166.021 Ch. 17, Art. 11 320.01(1) 14-37 166.221 17-34 ch. 327 Ch. 5 166.231 Ch. 26, Art. 111 327.02 5-33 ch. 170 21-2 335.065 App. B, Art. TV, 170.01 Ch. 24 § 36-29,1 ch. 175 2-167 337.29 29-2 Supp. No. 50 2819 NORTH PALM BEACH CODE Section Section Section this Code Section this Code 337.401 3 29-2,29-3 794.011 19-31 29-5(a), (e) 800.04 19-31 29-6(a) 827,071 19-31 337.401(3) 28-3 ch. 847 App. C, § 45-20 337,403, 337.404 29-7 847.0145 19-31 342.03 Ck 5 870.041 8-21 362.01 29-2 870.44 8-22 364.02 29-3 870.46 8-22 ch. 373 19-200 872.05 2-104 ch. 380 21-44 893.03 45-36 App. B, Art. 11, 893.035 45-36 § 36-10 893.0356 45-36 380.04 21-103 943.10(6) 2-159 393 App. C, § 45-2 943.10(8) 2-159 ch. 394 App. C, § 45-2 943.14 2-159 ch. 395 App. C, § 45-36 943.25(13) 1-9 ch. 400 App. C, § 45-2 ch. 401 11.5-21 ch. 402 App. C, § 45-2 App. C, § 415-34.1 402,302(4), 402.302(5) 17-33 413.08 4-27(d) ch. 419 17-33 App. C, § 45-2 ch. 458 App, C, § 45-36 ch. 459 App. C, § 45-36 471.003 29-8(c)(1) ch. 472 App. B, Art. 1, § 36-6 ch. 480 App. C, § 45-2 ch. 495 1-10 ch. 553 6-1.6 553.73 6-154 11-11 553.73(2) 6-2 561.01 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 633.025 12-16 633,0215 12-16 ch. 650 Ch. 2 Art. V, Div. 2 2-1,36 650.02 2-136 658.12 2-4(q) ch. 760 App. C, § 45-2 768.28 29-12(d) 775.082, 775.083 2-169(f) 2-2515 [The next page is 28691 Supp. No. 50 2820 WITNT51 NOT MI Sapp. No. 52 2893 [The next page is 2933] Adoption Section Ord. No. Date Section this Code 2011-11 6-23-11 2 5-84(5) Added 5-84(13) 2011-14 7-14-11 2 Rpld 2-116 2011-18 9-22-11 2 8-5 3 19-183 2011-19 10-13-11 2 21-70(a)(1), (2) 3 2-173 2011-21 11-10-11 2 1-9(b) 3 2-40(a) 2-41(a), (c) Ch. 2, Art. III Div. 5, title 2-75,2-76 Added 2-81-2-83 Rnbd Ch, 2, Art. M Divs. 6-10 as Ch, 2, Art. III Divs. 7-11 4 4-5 4-12(b) 5 4-29(b) 4-30(d) 6 4-44(a) 7 5-17 5-19 5-20-5-22 8 8-22(a), (e) 9 9-2(b) 10 11.5-21 11 12-18(a) 12 Rpld 12-29-12-32 12-39-12-43 12-51-12-56 13 12-102-12-105 14 14-31(c) 15 18-19(b), (b)(4) 16 19-116(a) 19-117(b), (b)(3) 17 19-185(c), (c)(2) 19-i860)) 18 19-207 19-209(a) 19-210(d), (e) 19-211 19-213 19-215(a), (c) 19-217 19 20-5(2) 20-6(l) 20 23-42 23-45 23-48 2011-22 12- 8-11 2 2-159(a), (b) 3 2-161(h) Added 2-161(i) 4 2-170(2) Added 2-170(3) Sapp. No. 52 2893 [The next page is 2933] [01916 DO I NO 11 Kl Supp. No. 52 2937 Section Section B BOATS, DOCKS AND WATERWAYS (Cont'd.) Construction requirements BATHING Bulkheads and seawalls Diseased persons prohibited from bathing Compliance with provisions required 5-69 in public pools, etc. . ...... ........ 19-3 Inspection required ................ 5-73 Permit fee ......................... 5-72 BICYCLES Specifications ...................... 5-71 Park regulations ........................ 20-6 Submission of plans and specifica- Subdivisions, required improvements re tions......................... 5-70 bikeways .......................... 36-29.1 Canals BILLBOARDS. See: SIGNS AND BILL- Canal crossings. ............... 5-60 BOARDS Compliance with provisions required 5-56 Drainage canals ............ __ ... 5-59 BIRDS, See: ANIMALS AND FOWL General requirements .............. 5-57 Navigation canals .................. 5-58 BLOCKS Surety bond prerequisite to issuance Subdivision design standards ............ 36-18 of building permit in certain cases ......................... 5-61 BOARDS, COMMITTEES AND COhIMIS- Docks and piers SIGNS. See: DEPARTMENTS AND Construction in waters other than OTHER AGENCIES OF VILLAGE Lake Worth and Atlantic Ocean, BOATS, DOCKS AND WATERWAYS regulations governing ......... 5-84 Abandoned boats ....................... 5-8 Definitions ........................ 5-81 Abatement of w,us—a—es On. Generally ......................... 5-82 public pli- vote property .......... ........ 14-79 et seq. Lake Worth and Atlantic Ocean, reg- Anchoring and mooring ulations governing construction in ............ ............... 5-86 Mooring limitations in lagoons (private Minimum design requirements.... , . 5-83 docks) .......................... 5-16 Variances ......................... 5-86 Unlawfully anchored or moored vessels Erosion control structures Claiming ofvessel by owner; payment Construction ..................... 5-95 ofcosts ....................... 5-23 Control . ... ... ............. __ 5-96 Department of law enforcement to Definitions . ....................... 5-93 impound ..................... 5-19 Permitted, when.................,. 5-94 Owner to be notified upon impound Piers. See within this subheading: Docks meat ......................... 5-20 and Piers Procedure in event owner cannot be Seawalls. See within this subheading: found ........................ 5-21 Bulkheads and Seawalls Reclamation of owner after sale ..... 5-24 Definitions ..... 5-1 Unclaimed vessel to be sold; certifica- Disturbing other boats 5-6 tion of sale ................... 5-22 Exhibition boats exempted from certain Authority of village to board boats violat- restrictions -- - - - - - - - - - - - - - - - - - - __ 5-4 ing chapter ........................ 5-17 Flood damage prevention provisions...... 12.5-1 et seq. Boat launching area See: FLOOD DAMAGE PREVENTION Abandoned boats and equipment Fueling of marine craft .................. 5-26 Disposition ........................ 5-36 Health and sanitation requirements Recovery .......................... 5-37 Cleanliness of docks.................. 5-11 Designated, use restricted ............. 5-33 Observance of village health and con- Permits required duct rules ....................... 5-10 Boats remaining for more that 24 Pollution of waterways ................ 5-13 hours ........................ 5-35 Refuse disposal....................... 5-12 Repairs prohibited ..... ...... .... 5-34 Live aboard boats Vehicle/trailer parking in designated ar- Living aboard boats restricted......... 5-15 eas ... I I ........ ............. 5-35 Occupancy of in village waterways..... 5-25 Violation; penalty .................... 5-38 Marine sanctuaries Bulkhead lines ......................... 7-1 et seq. Designation of waters as marine sanctu- See: BULKHEAD LINES aries Coastal construction code ................ 6-151 et seq. Area to be regulated ............... 5_101(c) See: COASTAL CONSTRUCTION CODE Areas designated .. . .............. 5-101(b) Code enforcement, applicability re ....... 2-173 Construction of provision ........... 5-101(d) Supp. No. 52 2937 NORTH PALM BEACH CODE Section Section BOATS, DOCKS AND WATERWAYS (Cont'd.) BUILDINGS (Cont'd.) Definition ......................... 5-101(a) Housing code......................... 15-1,15-2 Mooring, docking, or beaching of boats on Country club ........................... 9-1 et seq. public or private property without See: COUNTRY CLUB permission.. ........ ....... 5-9 Electrical code.......................... 11-11,11-12 Parking Energy efficiency building code Boating equipment; parking on residen- Adopted by reference ................. 6-150 tial property restricted........... 18-35 Flood damage prevention ................ 12.5-1 et seq. Prohibited parking upon right-of-way of See. FLOOD DAMAGE PREVENTION specific roadways ................ 18-34.1 Housing code ........................... 15-1,15-2 Running engines, hours in residential dis- Landscaping....... . ___ ......... _ 27-31 of seq. tricts. _ . .................. __ .... 5-14 See: LANDSCAPING Searchlights, use of ..................... 5-7 Minimum construction standards Speed limits; wakes ..................... 5-2 Authority ............................ 6-16 Subdivision provisions re waterways ..... 36-22 et seq. Codes adopted ....................... 6-17 See: SUBDIVISIONS (Appendix B) Violations and penalty ................ 6-19 Swimming in restricted waters .......... 5-3 Missiles, throwing ...................... 19-83 Water skiing ............................ 5-5 Noise from building..................... 19-102 Waterways board ..................... 5-102 et seq. Obstructing passageway................. 19-47 Outdoor displays. See herein: Signs and BOISTEROUS CONDUCT Outdoor Displays Noisy and boisterous .................... 19-106 Park and recreation facilities; erecting build- BONDS ings or structures .................. 20-3 Administrative code; bonds required of cer- Public land, construction on prohibited ... 6-1 tain officers ....................... 2-42 Signs and outdoors displays ............. 6-110 et seq. Canal construction; surety bond prerequi- See: SIGNS AND BILLBOARDS site to issuance of building permit... 5-61 Smoke, dust, odors, liquids, etc... . ....... 19-9 Finance director, duties re ............... 2-59(7) Spitting in public places prohibited....... 19-5 Village manager ........................ 2-117 Stormwater management; level of finished floor of structures .................. 21-63 BRUSH. See: WEEDS AND BRUSH Subdivision regulations .................. 36-1 et seq. BUILDINGS See: SUBDIVISIONS (Appendix B) Appearance code Swimming pools ........................ 25-1 et seq. Appeals and review ................... 6- See: SWIMMING POOLS Appearance plan ..................... 6Z Zoning regulations ...................... 45-1 et seq. Certificate of appropriateness See: ZONING (Appendix C) Final hearings ..................... 6-57 BULKHEAD LINES Follow-up by building inspector ..... 6-60 Code enforcement, applicability re 2-173 Planning commission Established; designated ................. 7-1 Action of ....................... 6-58 Filling operation beyond bulkhead line pro- Approval by ..................... 6-59 hibited ........ ................... 7-2 Preliminary consideration .......... 6-56 Filling permit Definition ............................ 6-31 Application fees ................ ..... 7-19 Intent and purposes .................. 6-32 Application; issuance ................. 7-18 Planning commission, powers and du- Expiration date, renewal; revocation... 7-20 ties re .......................... 6-36 Public hearing prerequisite to consider- Short title ............... ......... 6-30 ation ........................... 7-17 Appearance plan (Appendix A). See that Required ............................. 7-16 subject Unlawful fill; removal ................... 7-3 Coastal construction code ................ 6-151 et seq. See: COASTAL CONSTRUCTION CODE BULKHEADS Code enforcement, applicability re ....... 2-173 Bulkheads and seawalls, construction re- Codes quirements re .................... 5-69 et seq. Appearance code. See herein that sub- See: BOATS, DOCKS AND WATER- ject WAYS Building code ........................ 6-17 BUSINESS REGULATIONS Coastal construction code ............. 6-151 et seq. ambulances ............................ ............................ 17-50,17-51 Electrical code ....................... 11-11,11-12 Businesses located outside village limits Energy efficiency building code ....... 6-150 Application for certificate of regulation. 17-34.2 Fire prevention code .................. 12-16 et seq. Supp. No. 52 2938 CODE INDEX Section Section BUSINESS REGULAT IONS (Com'd.) BUSINESS REGULATIONS (Cont'd.) Certificate of business regulation re- Transfer of receipts to new location .... 17-25 quired; basis of one year ......... 17-34 Transfer of receipts to new owner...... 17-24 Commercial vehicles, marking of .... 17-34.13 Wellfield protection Compliance by principal deemed compli- Regulation of business activities with once by agent ................... 17-34,8 potential to contaminate land and Delinquency penalty., . ...... ...... 17-34.4 water resources . ......... ...... 19-221 Doing business not covered by certifi- Zoning cate ofregulation................ 17.34-7 Location of business for retail sales of Duplicate certificates of regulation..... 17-34.6 alcobolic beverages .............. 45-20(2), 45- Duration .. . . ... ........ ......... 17-34.3 36.N False statements C-3 Regional Business District...... 45-34,1(9) Certificate obtained void ab initio. 17-34.7 Engaging in business without certifi- C cate of regulation or under cer- tificate issued on .............. 17-34.11 CABLE TELE VISION. See: TELEVISION Fee exemptions ........ 17-3410 Fee schedule � .............. . . 17-34,12 CAMPING Half-year certificate . ......... . .... 17-34.3 'Recreational, boating and camping equip- Issuance of certificate ...... ...... __ 17-34,3 went; parking on residential property Noncompliance of principal............ 17-34.8 restricted...... ......... . ........ 18-35 Nonprofit enterprise, special permit for 1-7-34.5 Unauthorized lodging and camping....... 19-11 Refund of fee ................. ....... 17-34.9 CANALS Tekt ........ ....... l 171-34.1. Construction requirements 5-56 et seq. Renewal ....................... ...... 17-34.4 See: BOATS, DOCKS AND WATER- Suspension or revocation of certificate . 17-34,9 WAYS When due and payable.. . ......... ... 17-34.3 Garage and other sales ..... _ ....... _ 17-61 et seq. CATS See: GARAGE AND OTHER SALES Regulations enumerated ......... 4-24 et seq. Home occupation.,; ....................... 17-3(a-) et seq. See: ANIMALS AND FOWL See: I-ION11% OCCUPATIONS Local business tax CERTIFICATES Application for business tax receipt.... 17-18 Appearance code; certificate of appropriate - Business tax exemptions . _ . _... . . ... 17-31 ness .... 6-56 et seq. Business tax imposed; basis of one year 17-16 See: BUILDINGS Business tax receipt renewal; delis- Boats, docks and waterways; unlawfully quency penalty .................. 17-20 anchored or moored vessels Business tax schedule ................ 17-33 Unclaimed vessel to be sold; certifica- Compliance by principal deemed compli- tion of sale. . . . _ _ . ...... 5-22 ance by agent; noncompliance of Businesses located outside village limits, principal... ....... __ ....... 17-29 certificate of business regulations re, 17-34 et seq. Declaration where fee depends on vat' See: BUSINESS REGULATIONS able factors within applicant's Emergency medical services ........... 11.5-21 knowledge ...................... 17-23 Historic site overlay district; certificate of Doing business not covered by receipt; appropriateness. ... ...... __ 45-37(1-1) receipt obtained by false state- CIVIL DISORDERS AND DISTURBANCES. meats void ab initio ............. 17-28 Sec. EMERGENCY MANAGEMENT Duplicate receipts, . ..... ..... ...... 17-27 Engaging in business without receipt or CLERK under receipt issued on false state- Department of records, provisions To vil- ments 17-32 lage clerk and deputy village clerk .. 2-67 et seq. How tax construed as to specified pro- See: DOCUMENTS AND PUBLIC RE- fessions......................... 17-21 CORDS Issuance of receipt; duration; half year CLUBS receipt; when due and payable ... 1-7-19 Country club ........................... 9-1 et seq. Marking of commercial vehicles .. . .... 17-33A See: COUNTRY CLUB Receipt to be posted or carried ........ 17-26 Special permit for nonprofit enterprise. 17-22 COASTAL CONSTRUCTION CODE Suspension or revocation of receipt; re- Coastal construction requirements fund of fee . ...... _ ....... 17-30 Location of construction. . ... 6-155(4) Sapp. No. 48 2939 NORTH I'ALM BEACH CODE CODE ENFORCEMENT, ALTERNATE Section COASTAL CONSTRUCTION CODE (Cont'd.) Major structures, structural require- 2-253 ments for. 6-155(1) Minor structures, structural require- 2-252 ments for .......... ......... _ 6-155(3) Nonbabitable major structures, strut- 2-256 tural requirements for ......... 6-155(2) Public access ......................... 6_155(.) Definitions.... - . ............. .... 6-154 Flood damage prevention ................ 12.5-1 et seq. See: FLOOD DAMAGE PREVENTION 2-178(d) Purpose ... ......... ___ ... .... 6-152 References ............................. 6-156 Scope 2-178(a) Applicability . . ........ ............. 6-153(a) Exceptions ................. ........ 6-153(b) Permits, application for .............. 6-153(c-) Title 6-151 CODE ENFORCEMENT, ALTERNATE Section METHOD OF Codes to be enforced by citation.......... 2-253 Failure to accept citation ..... ...... 2-256 Form and contents of citation ... ..... 2-252 Issuance of citations .................... 2-251 Provisions additional and supplemental .. 2-256 Right to hearing; maximum penalty ..... 2-254 CODE ENFORCEMENT Section Actions for money judgments Limitation.. . .......... ......... 2-182 Alarm regulations, enforcement re . , , .... 19-217 Applicability.. . ......................... 2-173 Conduct of hearing ...................... 2-176 Declaration of legislative intent.. , _ ... 2-171 Definitions .. . .... ........ ...... 2-172 Enforcement procedure .................. 2-175 Fines; liens 1-3 Appeal ........ ........ ___ ...... 2-180 Copies of orders imposing fines........ 2-178(d) Determination of amount of fine.. , .... 2-178(b) Duration of lien ...................... 2-179 Generally .................. _ ....... 2-178(a) Notices.. . ..... ... ___ ....... _ 2-181 Reduction of fine ..................... 2-178(c) Provisions supplemental.. ... 2-183 Special magistrates Appointment - . ....................... 2-174(a) Power and authority. . ... ...... 2-174(b) Powers of . . . ........ ......... 2-177 Qualifications ........................ 2-174(c) CODE OF ORDINANCES" 9-2 Altering Code. ... ....... 1-7 Amendments . ... ........ 1-6 *Note—The adoption, amendment, repeal, omissions, effbc- tive date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. Supp. No. 48 2940 COMMUNITY DEVELOPMENT' DEPART= Section CODE Or ORDINANCES (Cont'd.) Catchlines ....... ............. ........ 1-3 Court cost Assessment of additional court costs for 2-112(2) criminal justice education expendi- 2-112(l) tures........................... 1-9 Definitions and rules of construction ..... 1-2 Designated and cited ............. 1-1 References to chapters or sections ........ 1-3 Repeal of ordinances, effect of, ........ 1-4 Severability of parts ............... 1-5 Village clerk, duties re recording ordi- nances ............................ 2-67(3) Village logo. . . ... ........... 1-10 Violations and penalty .................. 1-8 COIN - OPERATED AMUSEMENTS 9-16 et seq, Proximity to schools restricted . 19-4 COMBAT AUTO THEFT (CAT) Establishment, regulations .............. 18-19 COMMITTEES, COMMISSIONS. See. DE- 9-1(1) PARTMENTS AND OTHERAGENCIES 9-2 OF VILLAGE 9-1(2) COMMUNICATIONS 9-2 Telecommunications 9-2 Generally ............................ 29-1 et seq. See: TELECOMMUNICATIONS Service tax... ...... _ 26-51. et seq. See:IAXATION COMMUNITY DEVELOPMENT' DEPART= MENT Director's duties ........................ 2-111 Divisions Code compliance ................. 2-112(2) Permits and inspections ........ 2-112(l) Planning ....... _ ... _ ... ...... 2-112(3) COMPUTATION OF TIME Definitions and rule-; of construction ... 1-2 CONCURRENCY MANAGEMENT Provisions enumerated ............. _ 21-41 et seq. See: PLANNINGAND DEVELOPMENT COUNCIL. See: VILLAGE COUNCIL COUNTRY CLUB Finances Delinquent accounts; penalties .... 9-32 Golf advisory board 9-16 et seq, See: GOLF ADVISORY BOARD Premises Disfiguration and/or removal of building or other property .......... _ _ 9-1(1) Enforcement. ................. 9-2 Hours ............................... 9-1(2) Signs. ............................... 9-2 Violations and penalties . , ..... ... _ 9-2 OT HO Section Section COUNTY DEPARTMENTS AND OTHER AGENCIES Definitions and rules of construction ..... 1-2 OF VILLAGE (Cont'd.) COURTS Reserve police force ..................... 23-42 et seq. Court cost See: POLICE Assessment of additional court costs for Village council .......................... 2-16 et seq. Waterways board ..................... 5-102 et seq. criminal justice education expendi- tures ........................... 1-9 DEVELOPMENTS. See. PLANNINGAND DE- VELOPMENT D DISABLED AND HANDICAPPED PERSONS DECALS Applicability of dog prohibitions to guide Combat Auto Theft (CAT) ............... 18-19 and service dogs ................... 4-27(d) Parking violations re handicap spaces .... 18-37 DEPARTMENTS AND OTHER AGENCIES OF VILLAGE DISTRICTS Administrative code ..................... 2-39 et seq. Zoning regulations ...................... 45-16 et seq. See: ADMINISTRATIVE CODE See: ZONING (Appendix C) Appearance board. See: APPEARANCE PLAN (Appendix A) DISTURBANCES. See: CIVIL DISORDERS Audit committee ........................ 2-56 et seq. AND DISTURBANCES See: AUDITS DOCKS. See: BOATS, DOCKS AND WATER- Boards and committees .................. 2-1 WAYS Code enforcement ....................... 2-171 et seq. Community development department..... 2-111 et seq. DOCUMENTS AND PUBLIC RECORDS See: COMMUNITY DEVELOPMENT Department of records DEPARTMENT Deputy village clerk Finance, department of. ................. 2-59 Appointment ...................... 2-68 See: FINANCES Duties ............................ 2-69 Fire and police retirement board of trust- Village clerk; duties ees ................................ 2-164 et seq. Election records, keeping........... 2-67(5) See: PENSIONS AND RETIREMENT Expiration of term, notice of ........ 2-67(7) Fire rescue department ................. 2-81 et seq. Official seal, keeping............... 2-67(8) See: FIRE RESCUE DEPARTMENT Record ordinances ................. 2-67(3) General employees retirement board ..... 2-151 et seq. Village council See: PENSIONS AND RETIREMENT Keep records of council .......... 2-67(2) Golf advisory board ..................... 9-16 et seq. Public council action............. 2-67(4) See: GOLF ADVISORY BOARD Serve as clerk of council ......... 2-67(1) Law enforcement, department of (police Vital statistics, keeping ............ 2-67(6) department) ....................... 2-75,2-76 Village clerk and deputy village clerk. See See: LAW ENFORCEMENT, DEPART herein: Department of Records MENT OF (POLICE DEPARTL MENT) DOGS Library board .......................... 16-16 et seq. Regulations enumerated................. 4-24 et seq. Library, department of .................. 2-93 See: ANIMALS AND FOWL Meetings of boards and commissions; ad- DRAINAGE journment of ...................... 2-3 Storrawater management................ 21-61 et seq. Meetings of specific boards, etc. See spe- See: STORMWATER MANAGEMENT cific subjects Subdivision design standards re easements Planning and development board of adjust- and rights-of-way .................. 36-22(b) ment .............................. 21-21 Zoning; surface water management Planning commission .................... 21-11,21-12 C-3 Regional Business District........ 45-34.1(8) Public works, department of ............. 2-84,2-85 See: PUBLIC WORKS DEPARTMENT DROUGHT Records, department of .................. 2-67 et seq. Water shortage emergencies ............. 19-200 et seq. See: DOCUMENT AND PUBLIC RE- See: WATER SHORTAGE EMERGEN- CORDS CIES Recreation department .................. 2-110 Recreation advisory board ............. 20-61 et seq. E See: PARKS, PLAYGROUNDS AND RECREATION ELECTIONS Supp. No. 52 2941 NORTH PALM BEACH CODE Supp. No. 52 2942 I Section Section ELECTIONS (ConVd.) ENGINE EXHAUST Candidacy Noise control policy ..................... 19-108 Candidates for office; qualifying ....... 10-5 Preservation of notice of candidacy ... 10-6 EROSION CONTROL STRUCTURES Conduct of elections ........... ......... 10-6 Construction regulations ................ 5-93 et seq. Early voting. . .... ....... _ ........... 10-7 See: BOATS, DOCKS AND WATER- General elections, notice of .............. 10-3 WAYS Polling locations EXCAVATIONS Designated ........................... 10-76 Bulkhead lines ......................... 7-1 et seq. Special elections See: BULKHEAD LINES Notice of ......................... 10-4 Storinwater management................ 21-61 et seq. When held ........................... 10-2 See: STORMWATER MANAGEMENT State laws Street excavations ....................... 24-16 et seq. Applicable state laws adopted ......... 10-1 See: STREETS, SIDEWALKS AND PUB- Voting machines may be used; state law LIC PLACES applicable ....................... 10-7 Village clerk, duties re keeping election EXCRETA records ................. _ ........ 2-67(5) Dog waste, removal provisions re ........ 4-31,4-32 Voting machines may be used; state law applicable ......................... 10-7 F ELECTRICAL CODE FENCES, WALLS, HEDGES AND ENCLO- Amendments, corrections, additions ...... 11-12 SURES Code enforcement, applicability re ....... 2-173 Landscaping ........ i ................... 27-31 et seq. ELECTRONIC AUDIO EQUIPMENT See: LANDSCAPING Noise control .......................... 19-104 Swimming pool requirements............ 25-5 FINANCES EMERGENCIES Budget procedures ...................... 2-2 Ambulances ............................ 17-50,17-51 Country club Emergency management ................ 8-1 et seq. Delinquent accounts; penalties ........ 9-32 See: EMERGENCY MANAGEMENT Court cost Emergency medical services Assessment of additional court costs for Fees criminal justice education expendi- Billing and collection ............... 11.5-23 tuxes ........................... 1-9 Establishment ..................... 11.5-22 Department of finance Generally ............................ 11.5-21 Finance director; duties Fire rescue department ................. 2-81 et seq. Accounts of receipts and expendi- See: FIRE RESCUE DEPARTMENT tares... .............. 2-59(8) Water shortage emergencies ............. 19-200 et seq. Budget duties ..................... 2-59(2) See: WATER SHORTAGE EIVIERGEN- Cancellation of evidences of old debt 2-59(9) CIES Collect moneys and fees due village. 2-59(12) EMERGENCY MANAGEMENT Examine books .................... 2-59(6) Applicability ............................ 8-2 Financial statements ............... 2-59(3) Civil disorders and disturbances Fiscal supervision over officers...... 2-59(5) Declaration of a state of emergency .... 8-22 Keep accounts ..................... 2-59(4) Mayor designated local authority for pres- Pay village employees .............. 2-59(11) ervation of public peace.......... 8-21 Prescribe form ..................... 2-59(1) Declaration of a state of emergency ...... 8-5 Receive and disburse moneys ....... 2-59(10) Definitions ............................. 8-1 Responsibility for proceeds of bonds. 2-59(7) Emergency management structure ....... 8-3 Investment policy of the village .......... 2-4 Powers, duties and responsibilities ....... 8-4 Pensions and retirement. See also that Termination of a state of emergency...... 8-6 subject Length of service award plan for volun- EMPLOYEES, See: OFFICERS AND EM- teer firefighters ................. 2-170 et seq. PLOYEES Pension and certain other benefits for ENCLOSURES. See: FENCES, WALLS, fire and police employees ........ 2-159 et seq. HEDGES AND ENCLOSURES Pension and certain other benefits for general employees ............... 2-146 et seq. ENERGY EFFICIENCY BUILDING CODE Planning and development; filing fees and Adopted by reference., ... . . ............. 6-150 cost for changes.................... 21-1,21-2 Supp. No. 52 2942 I CODE INDEX Supp. No. 45 2959 Section Section ZONING (Appendix C) (Cont'd.) ZONING (Appendix C) (Cont'd.) Street numbers ....... __ ...... 7-7 C-OS Conservation and Open Space Temporary signs ................ 7-4 District ......... ............ 45-35.2(B) Site plan elements .......... __ _ Art. 8 R-1 Single-Family Dwelling Districts 45-27(K) Building orientation and place- R-2 Multiple-Family Dwelling Dis- men,L .. * ... * * .... ' * ...... 8-2 trict ......... ... , I .... 45-28(A) General design . . ....... ...... 8-1 R-3 Apartment Dwelling District ... 46-30(A) Off-street parking areas ... _... 8-3 Planned unit development Pedestrian amenities............ 8-4 C-3 Regional Business District ..... 45-34.1(10) Site and street furniture 8-5 Filing of application ............... 45-35.1(11) Zoning regulations Planning commission Development review regulations . 4-1 Action of ........ ____ .... 45.35.1(IV) Land use chart .... __ ..... _ 4-2 Referral to ............. _ ..... 45-35JUID Use definitions mid supplemental Public notice. . ......... .......... 45-35.1(VII) regulations ................ 4-3 Statement of intent............_.., 45-35.1(r) Nortblake Boulevard overlay zoning dis- Village council trict (NBOT) ........ ..... 45-35.3 Action of .................. 45-35.1(V) Oceanfront land Effect of approval of.. ....... 46-35.1(VI) Ocean setback,........... 45-22 Public district Official zoning map Restricted uses. ................... 45-35 Adopted by reference .......... 45-17(.1) Boundary conflict interpretations... 45-18 R-1 Single-Family Dwelling District Buildings and uses to conform to Annexed land in ... ............... 45-20 district regulations .... ... _ _,-In 45-1° .1 Height. . ...... ............... ... 45-27(B) Changes. . . ... ................ — 45-17(3) Off-street parking. . ............ 45-27(E) Damaged, destroyed, etc............ 45-17(6) Permitted uses.. . 45-27(A) Identification ..................... 45-17(2) Site area .... .................. 45-27(C) Location; final authority ........... 45-17(4) Yards and open spaces.......... . .. 46-27(D) Off-street loading and internal circula- R-2 Multiple-Family Dwelling District tion Community residential home regula- C-3 Regional Business District..... 45-34.1(3) tions , . .... ......... ....... 45-28(G) Off-street parking Floor area ..... ..... _ ..... 45-28(E) C-1 Neighborhood Commercial Dis- Height, . .... .... __ ....... .... 45-28(B) trict .................. .... 45-33(E) Off-street parking ... __ .... .... 45-28(F) C-lA Limited Commercial District.. 45-32(E) Permitted uses. . _ . ...... ....... 45-28(A) C-3 Regional Business District..... 45-34-1(2) Site area.... _ .................. 45-28(C) C-A Commercial District ...... 45-31(G), (H) Yards and open spaces ............. 45-28(U) CB Commercial District............ 45-31A(G), (1-1) R-3 Apartment Dwelling District CC h-ansitional Commercial District 45-32A(G), (H) Floor area . .......... ........ 46-30(F) R-1 Single-Family Dwelling Districts 45-27(B) Height... 46-30(B) R-2 Multiple-Family Dwelling Dis- Off-street parking ................. 45-30(E) trict......................... 45-28(1') -Permitted uses .................. 46-30(A) R-3 Apartment Dwelling District ... 45-30(E) Site area ......... _ .............. 45-30(C) Open spaces. See herein: Yards and Yards and open spaces .......... 45-30(D) Open Spaces Setbacks Parking C-3 Regional Business District ..... 45-34AW Off-street loading and internal circu- Oceanfront land . . ....... _ 45-22 lation. See herein that subject Short title ........................... 45-1 Off-street parking regulations. See Signs herein. Of Parking C-3 Regional Business District ..... 45-34.1(7) Permitted -uses Similar uses ...... _ ................ 45-16.1 Automotive Commercial District.. 45-34(A) Site area C-1 Neighborhood Commercial Dis- C-IA Limited Commercial District,. 45-32(C) trict ......................... 45-33(A), (G) C-A Commercial District........... 45-31(E) C-IALimited Commercial District.. 45-32(A), (G) CB Commercial District......... _.. 45-31.1(E) C-2 General Commercial District ... 45-34(A) CC Transitional Commercial District 45-32.1(E) C-3 Regional Business District . . ... 45-34.1(1) R-I Single-Family Dwelling Districts 45-27(C-1 C-A Commercial District ........... 45-31(B), (0) R-2 Multiple-Family Dwelling Dis- CB Commercial District........ ... 45-31J(B), (C) trict. . . ........... ..... 45-28(C) CC Transitional Commercial District 46-32,1(B) R-3 Apartment Dwelling District ... 45-30(C) Supp. No. 45 2959 NORTH PALM BEACH CODE Supp. No. 45 2960 Section i r Section ZONING (Appendix C) (Contd.) Surface water management C -3 Regional Business District ..... 45- 34.1(8) Telecommunications antenna and an- tenna towers ................... 45 -21 Violation: and penalty ................ 45 -6 Yards and open spaces C -1 Neighborhood Commercial Dis- trict ......... ........ I....... 45 -33(D) C -1A Limited Commercial District.. 45 -32(D) C -A Commercial District ........... 45 -31(F) CB Commercial District............ 45- 31.1(F) CC Transitional Commercial District 45- 32.1(F) R-1 Single-Family Dwelling Districts 45 -27(D) R -2 Multiple- Family Dwelling Dis- trict.... .................... 45 -28(D) R -3 Apartment Dwelling District ... 45 -30(D) Supp. No. 45 2960 Section i r