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Pages Replaced by Supplement #50TABLE CFCONTENTS Page Officials of the Village ....................................... iii cuuuxv..................................................... v Adopting Ordinance ....'...........'........................ vii Readopting Ordinance ........... ............................ zj Checklist ofT}p'ko-Dote Pages ................................ CU 'M Cborter..................................................... 1 /b+ l Corporate Name .............................. 3 Art I.A. Vision Statement ..............'............ 3 Art. H. Territorial 8nuuduz�s . .. . ......... .... . . .... S z\zt III. Legislative .......... . .. . . ............. ..... I0.5 /LrL D{ Administrative . ......... . . ............ ...... 15 Art \{ Qualifications and Elections ............. . .. .. 17 CoJe..........,.,.,.,,,,,.,. 138.1 PART 11 CODE OF ORDINANCES Chapter 2. Administration .......................................... 183 Art. I. IuQeuerul................................... 135 Art. H. Cunucil..................................... 137 Div. 1 Generally ......'........................ I37 Din 2. Rules o[Eroom6nzm....................... 138 Art. III CoJe..........,.,.,.,,,,,.,. 138.1 Div. I. Generally ............................... 130.1 Div. 2. Audit 0uzunzbtem ........................ 130 Din 3. Department of Finance ................... 140 Div. 4. Department of Records ................... 148.1 Div. S. Department ofPublic Safety ........ ...... 141 Div. G. Department nC Public Works .............. 142 Div. 7. Department of Library ................... 142 Din 8. Department o[ Country Club ............. 142 Din 8. Department ufRecreation ............. . .. 142 Div, 10. Department uyCommunity Development . 142.1 Supp. No. 4o xi NORTH PALM BE, ACH CODE Chapter Page Art V. Pensions and Retirement Systems ............ 143 Div. 1 QuooruIly ............................... 143 Din D. Social Security ........................... 143 Dim 3. Pension and Certain Other Benefits for Gen- eral Employees ........ . . . ........... .. . . 145 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees .................... I62.5 Din G. Length ny Service Award Plan for Volunteer Firefighters ....,........................ 161 Div. G. ICM1 Defined Contribution Pension }1an.. 183 Art. VI. Code Enforcement .............. ............ I63 Art. VII. Alternate Method oC Code Enforcement ...... 189 3. Alcoholic Beverages ...................................... 211 4. Animals and Fowl ....................................... 263 Art I. Iu General ................................... 286 Art. IL Dogs and 0ute . ........... . . .......... .. .. .. 286 Art III Rabies Control .'.................—.. .... .. 269 E Boats, Docks and Waterways ............. . .. . ............ 319 Art l 3o General .......,................,......... 321 Art IL Boat Launching Area .......... .............. 325 Art. III Construction Requirements ................. 326 Din 1. Generally . . ....... . ..... . ............ ... 326 Div. 2. Canals .................................. 326 Div. 3. Bulkheads and 8aawdl .................. 327 Din 4. Docks and Piers .................... . .. .. 328 Div. 5. Erosion Control Structures ............... 883 Art DJ Marine Sanctuaries ......................... 333 6. Buildings and Building Regulations ....................... 381 Art. l Iu General ...... ............................. 388 Art DL Minimum Construction Standards ............ 383 Art III Appearance Code ........................... 384 Din l. Generally ............................... 384 Div. 2. Resenvad................................ 398.3 Din D. Certificate of Appropriateness ...... . ... .. 398.3 Art DT Reaarvmd... ..... 0986 Art lJ Signs and Outdoor Displays .................. 388.5 Art \/l Energy EtfioiazoyBuilding Code ............. 39818 7. Bulkhead Lines .......................................... 453 Art I Iu General ................................... 455 Art, IL Filling Perozit............................... 456 & Emergency Management ................................. 507 Art L IoGeoazal. .......... ........................ 508 Art, 11. Civil Disorders and Disturbances ....... 510 Supp. No. «* xii TABLE OF CONTE, NTS—Contd. Chapter Page 8. Country Club ............................................ 558 Art. I. Io General ................................... 561 Art. IL Golf Advisory Board .............. .......... . 582 Art III Fivanceo................................... 568 10. Elactioua............................................... 815 Art I. Io General ................................... 817 Art DL Reserved ................................... 61-8 Art III Reserved ..................... .............. 818 Art DJ Polling Locations ........................... 618 ILEluutricity.............................................. 67I /&t. I. Iu General ................................... 673 Art II Electrical Code .............................. 673 11.5. Emergency Service .......... .......................... 695 Art. I. Iu General ................................... 697 Art I[ Emergency Medical Services .....'........... 887 12. Fire Prevention and Protection ......... .. .......... . . .. . 723 Art. I. Iu General ....................... ............ 725 Art H. Florida Fire Prevention Cn6m................. 725 Art III Fire Division ............................... 726 Din 1 Generally .. .......... . . .... . . . .. . .. . ... . 726 Div. 2. Personnel .............. ......... . .. ..... 737 Din 8. Equipment. ............................. 727 Din 4` f&aerved................................ 728 A± IV Recovery uC Costs for Cleanup, Abatement and Removal nf Hazardous Substances ........... 728 12.5 Flood Damage Prevention .............................. 777 Art. I. In (]eooru] .... ................... . .. . . . . ..... 779 Art. I[ Administration ....... . . . .........., ,. ,,,.... 783 Art 111. Provisions for Flood Hazard Reduction ....... 788 l%. �eaozrou......................'........................ 839 14. Health and Sanitation . .. ........ . . . ... .......... ....... 889 Art. I. IoQeoozal...................'............... 891 Art. ZL Garbage, Trash and Refuse . . . . . . . . , , . . . , . . .. 891 Din l. (6*nmroDy ............................... 891 Din 2. Garbage Collection and Disposal . . . . . . . . . . 891 Div. 8. Remervn6................................ 802 Art III Reserved ............. ............... ....... 892 Art. IV. Abatement utPublic Nuisances no Private Prop- erty............. ......................... 893 15. Housing ............................................... 045 Art. I. IoGenerul................................... 047 Art. I[ Abandoned Real Property .................... 849 16. Library ............... ,............ .................... 997 Supp. No. 49 xiii NORTH PALM BEACH CODE Chapter Page 17, Liumzoom and Miscellaneous Business Regulations ......... 1051 Art l Iu General ................................... 1053 Art. TL Local Business Tax .......................... I057 Art. III Bnoiuesooa Located Outside Village Limits . . . I060.4 Art DJ Reaeovad................................... 1063 Art. V Azu6nluouoe................................. 1063 18. Motor Vehicles and Traffic ....'............'............ II71 Art. l Iu General ................................... 1173 Art IL Operation of Vehicles Generally ............ . . 1173 Art, IIL Stopping, Standing and Parking ............. I175 19. DtDenaoa and Miscellaneous Provisions ................... 1225 Art, I. Iu General ................................... 1227 Art. Z[ Sexual Offenders and Sexual Predators ....... 1228 Art III Offenses Against Property ................... 12281 Art DV,Offenses Against Public Morals ... ........... 1228.1 Art V. Offenses Against Public Peace ................ 1229 Art. \7I Noise Control . .^.... . .. , . . .. ..,,.. ,.. . ., .,. 1229 Art. VII. Reaorvod.................................. 1285 Art. VIII. Weapons ......................'.......... 1235 Art IX. Water Shortage Emergencies .......... . ..... 1236 /\rL X. Alarms ... ........ ..... 1288 20. Parks, Playgrounds and Recreation ...................... 1280 Art I Io General ................................... 1201 Art IL Moe6o0o and Gatherings . . . . ........... . . . . . 1292 Div. 1. Generally ............................... 1292 Dix Ii Perzmit.........................'........ 1292 21. Planning and Development .............................. 1343 Azt l In General ...... * . . . .. . . . . . . .. ..... . � . . . . . . 1345 :' Art Z[ � Commission ....................... 1347 Art, III Board ....... .... .......... ... 1348 Art TV Oonczuzauoy Management ............ ....... 1350 Art \( 8tnzzonuatorMaougeozeut .................... 1863 Art. VI Site Protection Regulations ... 13661 22. Reserved ......... ......................... --- .... ... 1411 23. Police ...... ............................... ............. 1463 Art I. IoGammrol................................... 1465 Art IL R000zvnd ................................... 1465 Art III BeoerneForce................'............. 1465 24. Streets, Sidewalks and Public Places. ... ....... .......... 1517 Art I In General ........... ............ ............ 1519 Supp. No. 49 xiv 'FABLE OF CONTENTS—Contd. Chapter Page Art DL Eznuvatioum................................. 1519 Div. l. Generally . ...... ,....................... 1519 Div. 2. Permit......,.................,......... 1520 Art III Sidewalks and Driveways ................... 1520 Din l. GemaruDY ............................... 1520 26. Swimming Pools ........................................ 1573 Art I. Io General .............................. ..... 1575 Art. IL Reserved ................................... 1575 Art. III Reserved ......... .......................... 1576 26 Tozatioo..................'............................ 1627 Art I. Iu General ................................... 1629 /rt. ZL Insurance Excise Taxes ........ .............. I628 Art Ill. Utility Tax .... ...... .............. ......... 1829 Art IV. Telecommunications Service Tax ....... .... . . 1688 27. Trees and Shrubbery .................................... 1681 Art I. Iu General ......................... ','....... 1688 Art. ZL Trees in Swale Areas ........................ 1683 Art III Landscaping . ...........,. . . . ............ . . 1684 Din 1. Generally ............................... 1684 Din 2. Boaerve6................................ 1686 Din 8. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas................ ......... --- ... 1686 28. Use of for Utilities ........................ 1739 29. Telecommunications .................................... lYQl Appendices A. Appearance Plan .............. .......................... 2043 B. Subdivisions ......... ............ . . . . . . . . . ....... . . . . . . . 2853 Art I. Iu General ................................... 2355 Art. II. Procedures for Subdivision Plat Approval ..... 2358 Art. DI. Design Standards .'........................ 2866 Art, I1 Required Improvements ..................... 2388.1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Azoendzuooto.......'....................... 2378 C. 2nzinQ....................'.....................'....... 2479 Art. L Iu0ezeral.... ................. ,............. 2480.1 Art. [L Generally ............. ...................... 2488 Art. III District Regulations ........................ 2486.6 Arts. D\\Z Reserved. ............................... 2515 Art. VI. Waiting Periods ......... 2515 Art. VII. Uses of Land and Structures. 2516 Supp. No. m; ov NOWPH PALM BEACH CODE Page Statutory Reference Table. ........ ........................... 8819 Code Comparative Ta6le-187U Code ...... . .. ............ .. . . 2889 Code Comparative Table—Laws ofFlorida .................. .. 2873 Code Comparative ........................ 2875 Charter Index ............................................... 2983 Code Index ................................................. 2985 Supp. No. 49 xvi 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 fiom the original Code and subsequent Sup-plements. 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 XA, x.ii 1 77 0C x.iii 1 79,80 0C xi, xii 49 81,82 25 xii, xiv 49 83 25 xv, xvi 49 133 48 SHA 49 134.1, 134.2 34 1 25 134.3, 134.4 39 3,4 25 134.5, 134.6 39 5,6 25 135,136 39 7,8 25 137,138 39 9,10 29 138.1, 138.2 33 10.1, 10.2 49 138.3 30 10.3, 10.4 49 139,140 34 10.5, 10.6 49 140.1, 140.2 28 11,12 25 141,142 33 13,14 25 142.1 33 Ill amg,GZA NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 143,144 31 398.3, 398.4 7 145,146 47 398.5, 398.6 45 147,148 47 398.6.1 45 149,150 47 398.7, 398.8 40 151,152 47 398.9, 398.10 46 152.1, 152.2 47 398.11, 398.12 48 152.3, 152.4 47 398.13, 398.14 48 152.5, 152.6 47 398.14.1, 398.14.2 48 153,154 46 398.15, 398.16 40 155,156 46 398.16.1 40 157,158 46 398.17, 398.18 33 159,160 46 399,400 oc 161,162 46 401,402 oc 162.1, 162.2 46 403 oc 162.3, 162.4 46 453 oc 163,164 48 455,456 22 165,166 48 507 22 167,168 48 509,510 33 169,170 48 511 22 211 oc 559 36 213,214 19 561,562 40 263 oc 563 40 265,266 oc 615 36 267,268 48 617,618 36 269 48 671 2 319 29 673 24 321,322 46 695 13 323,324 46 697 13 325,326 46 723 24 326.1 46 725,726 44 327,328 27 727,728 5 329,330 36 729 5 331,332 36 777 oc 333,334 45 779,780 oc 335 45 781,782 oc 381 23 783,784 oc 383,384 33 785,786 oc 385 24 787,788 oc [21 Supp. No. 49 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 789 OC 1237, 1238 16 839 OC 1239, 1240 33 889 39 1241, 1242 33 891,892 40 1289 3 892.1, 892.2 40 1291, 1292 OC 893,894 49 1293, 1294 29 945 41 1295 29 947,948 49 1343 4 948.1 49 1345, 1346 45 949,950 41 1347, 1348 45 951 41 1349, 1350 45 997 OC 1350.1, 1350.2 45 999, 1000 22 1351, 1352 33 1051 33 1353, 1354 33 1053, 1054 31 1355, 1356 33 1054.1, 1054.2 31 1356.1 33 1054.3, 1054.4 31 1357, 1358 OC 1055, 1056 36 1359, 1360 33 1057, 1058 33 1361, 1362 33 1059, 1060 33 1363, 1364 33 1060.1, 1060.2 43 1365, 1366 33 1060.3, 1060.4 43 1366.1, 1366.2 33 1060.5 43 1366.3, 1366.4 33 1061, 1062 8 1367 5 1063, 1064 8 1411 OC 1121 OC 1463 OC 1171 OC 1465, 1466 OC 1173, 1174 28 1517 OC 1175-1176 36 1518, 1 52n OC 1177 36 1521, 1522 47 1225 31 1523 47 1227,1228 37 1573 24 1228.1 37 1575,1576 29 1229, 1230 21 1627 9 1231, 1232 21 1629, 1630 27 1233, 1234 33 1631 27 1235, 1236 30 1681 OC 1236.1 30 1683,1684 33 [31 Supp. No. 49 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1684.1, 1684.2 24 2479 9 1685,1686 oc 2450.1, 2480.2 49 1687,1688 17 2481,2482 49 1689,1690 17 2483,2484 49 1739 14 2485 49 1741,1742 21 24861, 24862 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 32 2361,2362 33 2510.1, 2510.2 45 2363,2364 33 2510.2.1 45 2364,1 33 2510.3, 2510.4 25, Add. 2365,2366 oc 2510.5, 2510.6 25, Add. 2367,2368 37 2510.7, 2510.8 25, Add. 2368.1 37 2510.9, 2510.10 25, Add. 2369,2370 oc 2510.11, 2510.12 25, Add. 2371,2372 oc 2510.13, 2510.14 25, Add. 2373,2374 33 2510.15, 2510.16 25, Add. 2375,2376 33 2510.17, 2510.18 25, Add. 2377,2378 33 2510.19, 2510.20 25, Add. 2379 33 2510.21, 2510.22 25, Add. [41 Supp. No. 49 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2510.23, 2510.24 25, Add. 2885,2886 19 2510.25, 2510.26 25, Add. 2887,2888 25, Add. 2510.27, 2510.28 25, Add. 2889,2890 33 2510.29, 2510.30 25, Add. 2891,2892 49 2510.31, 2510.32 25, Add. 2933,2934 25 2510.33, 2510.34 25, Add. 2935,2936 48 2510.35, 2510.36 25, Add. 2937,2938 48 2510.37, 2510.38 25, Add. 2939,2940 48 2510.39, 2510.40 25, Add. 2941,2942 48 2510.41, 2510.42 25, Add. 2943,2944 48 2510.43, 2510.44 25, Add. 2945,2946 48 2510,45, 2510.46 25, Add. 2947,2948 48 2510.47, 2510.48 25, Add. 2948.1 48 2510.49, 2510.50 25, Add. 2949,2950 47 2510.51, 2510.52 25, Add. 2951,2952 48 2510.53, 2510.54 25, Add. 2953,2954 48 2510.55, 2510.56 25, Add. 2955,2956 48 2510.57, 2510.58 25, Add. 2957,2958 36 2511,2512 49 2959,2960 45 2512.1, 2512.2 49 2512.3, 2512.4 49 2512.4.1, 2512.4.2 49 2512.5, 2512.6 33 2512.7 33 2513,2514 oc 2515,2516 45 2516.1 45 2517,2518 22 2619 49 2819,2820 48 2869,2870 oc 2871 oc 2873 oc 2875,2876 oc 2877,2878 oc 2879,2880 oc 2881,2882 14 2883,2884 14 [51 Supp. No. 49 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. Ord. No, Date Adopted Include/ Omit Supp. No, 2010-18 10-28-10 Include 49 2010 -21 11 -18 -10 Include 49 Supp. No. 49 SH: I ADMINISTIMMON unless the contrary be shown by compe- tent evidence. Any condition or impair- ment of health caused directly or proxi- mately by exposure, which exposure occurred in the active performance of duty at some definite time or place without willful negligence on the part of the mem- ber, resulting in total or partial disability, shall be presumed to be accidental and suffered in the line of duty, provided that such member shall have successfully passed a physical examination upon en- tering such service, which physical exam- ination including electrocardiogram failed to reveal any evidence of such condition. In order to be entitled to presumption in the case of hepatitis, meningococcal men- ingitis, or tuberculosis, the member must meet the requirements of F.S. § 112.181. The final decision whether a mpmher nieets, the requirements for duty disability pen- sion rests with the board and shall be based on substantial competent evidence on the record as a whole. (10) A member will not be entitled to receive any disability retirement income if the disability is a result of. a. Excessive and habitual use by the member of drugs, intoxicants, or nar- cotics; b. Injury or disease sustained by the member while willfully and illegally pas in 11gau5, rluttij CIVIL insurrections or while committing a crime; C. Injury or disease sustained by the member while serving in any armed forces (this exclusion does not affect members who have become disabled as a result of intervening military service under the federal Heroes Earnings Assistance and Relief Tax Act of 2008 (H.R. 6081; P.L. 110- 245 ); d. Injury or disease sustained by the member after employment has ter- minated; Supp. No. 46 157 § 2-161 e. Injury or disease sustained by the member while working for anyone other than the village and arising out of such employment. M Termination benefits and vesting. (1) Each member who terminates employ- ment with the employer and who is not eligible for any of the retirement, death, or disability benefits set forth herein shall receive from the fund within a reasonable time following his date of termination a refund of his accumulated contributions. Provided, however, that if at the time of his termination of employment the mem- ber has ten (10) or more years of credited service, he shall have the option of either receiving his accumulated contributions or his accrued benefit payable commenc- 111r, Me date --hicb. w_oulld have been his normal retirement date had be remained in full-time employment with the em- ployer. The member may direct that his accrued benefit, reduced as for early re- tirement, commence at age fifty (50) or any date thereafter provided his accumu- lated contributions are not withdrawn. (2) A refund of accumulated contributions to a member or his beneficiary shall consti- tute a full and complete discharge of any and all rights to claims or benefits under the system by the member or his benefi- ciaries. (g) Cost of living adjustment. The amount of pension benefit will be increased or decreased in accordance with the changes in the consumer price index (CPI-W U.S.) published by the U.S. Bureau of Labor Statistics. Adjustments of pen- sion payments will be made on October I of each year reflecting the change in the consumer price index over the twelve-month period ending April 1. The maximum increase or decrease in the member's pension benefit for any one (1) year is three (3) percent. However, the member's pension benefit can never be reduced below the amount the member received at date of retirement. Such adjustments shall apply to each retirement, sur- vivor or disability benefit in pay status as of each October 1. § 2-161 NORTH PALM BEACH CODE (h) Limitation on benefits. In no event may a member's annual benefit exceed the limitations of Internal Revenue Code Section 415 as such pro- visions apply to governinental pension plans. The provisions of Internal Revenue Code Section 415 that apply to governmental pension plans are hereby incorporated into this plan by reference. (Ord. No. 9-82, § 3, 6-10-82; Ord, No. 20-82, § 1, 11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No. 6-95, § 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95; Ord. No. 20-2000, §§ 1, 2, 8-10-00; Ord. No. 08-2001, § 1, 4-12-01; Ord. No. 13-2003, §§ 1-3, 5-8-03; Ord. No. 2008-18, § 4, 11-13-08; Ord. No. 2010-01, § 3, 1-14-10) See. 2-162. Optional forms of benefits. Each member entitled to a normal, early, dis- ability or vested retirement benefit shall have the right, at any time prior to the date on which benefit payments begin, to elect to have his or her benefit payable under any one (1) of the options hereinafter set forth in lieu of benefits provided herein, and to revoke any such elections and make a new election at any time prior to the actual beginning of payments. The value of op- tional benefits shall be actuarially equivalent to the value of benefits otherwise payable, and the present value of payments to the retiring member must be at least equal to fifty (50) percent of the total present value of payments to the retiring member and his/her beneficiary. The member shall make such an election by written request to the board, such request being retained in the board's files. Notwithstanding any other provi- sion of this section, a retired member may change his or her designation of joint annuitant or bene- ficiary up to two (2) times as provided in F.S. § 175.333 without the approval of the board of trustees or the current joint annuitant or benefi- ciary. The retiree is not required to provide proof of the good health of the joint annuitant or bene- ficiary being removed, and the joint annuitant or beneficiary being removed need not be living. Any retired member who desires to change his or her joint annuitant or beneficiary shall file with the board of trustees a notarized notice of such change. Upon receipt of a completed change of joint annu- itant form or such other notice, the board of trustees shall adjust the member's monthly ben- Supp. No. 46 158 efit by the application of actuarial tables and calculations developed to ensure that the benefit paid is the actuarial equivalent of the present value of the member's current benefit and there is no impact to the plan. The beneficiary or joint annuitant being removed will be assumed de- ceased by the actuary in determining the actuari- ally equivalent amount of the revised monthly payment. No retiree's current benefits shall be increased as a result of the change of beneficiary. (1) Option 1-Joint and last survivor option. The member may elect to receive a bene- fit, which has been adjusted to the actu- arial equivalent of the normal form of benefit, during his/her lifetime and have such adjusted benefit (or a designated fraction thereof, for example one hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds (66 2/.3) percent or fifty (50) percent) continued after his death to and during the lifetime of his benefi- ciary. The election of option 1 shall be null and void if the designated beneficiary dies before the member's benefit payments com- mence. (2) Option 2-Social security adjustment op- tion. If a member retires before being eligible for social security benefits, he may elect this option. A member may elect to receive a larger pension up to the date he begins receiving social security bene- fits. The member's pension benefits may be reduced or terminated after social se- curity payments begin. The amount of reduction shall be actuarially determined. (3) Option 3-Other. In lieu of the other op- tional forms enumerated in this section, benefits may be paid in any form ap- proved by the board so long as actuarial equivalence with the benefits otherwise payable is maintained, provided, how- ever, that the board shall not autliorize any actuarially equivalent single or lump sum distributions. (Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 47 2-13-92; Ord. No. 20-2000, § 3, 8-10-00; Ord, No. 13-2003, § 4, 5-8-03; Ord. No. 2008-18, § 5, 11 -13- 08; Ord. No. 2010-01, § 4, 1-14-10) BUILDINGS AND BUILDING REGULATIONS § 6-113 (9) Signs that incorporate projected images, (18) Searchlights used to advertise or promote emit any sound that is intended to attract a business or to attract customers to a attention, or involve the use of live ani- property. mall. (19) Signs that are painted, pasted, or printed (10) Signs that emit audible sound, odor, or on any curbstone, flagstone, pavement, or visible matter such as smoke or steam. any portion of any side-,valk or street, except house numbers and traffic control (11) Signs or sign structures that interfere in signs. any way with free use of any fire escape, (20) Signs placed upon benches, bus shelters emergency exit, standpipe, or that ob- or waste receptacles. struct any window to such an extent that light or ventilation is -reduced to a point (21) Signs erected on public property, or on below that required by any provision of private property (such as private utility this Code or other ordinance of the vil- poles) located on public property, other lage. than signs erected by public authority for public purposes. (12) Signs that resemble any official sign or marker erected by any governmental (22) Signs erected over or across any public agency, or that by reason of position, shape street except as may otherwise be ex- or co I IA _04- -4,1- 4.1-- Xvil WULLM VIV11111VIt, WIL111 kIllu plupul nr1-QQ1V niAhn-ri-Zarl hu fbiz C. d nnrl av_ functioning of any traffic sign or signal, or cept governmental signs erected by or on illumination that may be reasonably con- the order of the village manager. fused with or construed as, or conceal, a (23) a. Vehicle signs with a total sign area traffic-control device. on any vehicle in excess of ten (10) (13) Signs that obstruct the vision of pedestri- square feet, when the vehicle is ans, cyclists, or motorists traveling on or parked on the same property as the entering public streets. business being advertised and: 1. Is parked for more than sixty (14) Non-governinental signs that use the words (60) consecutive minutes within "stop," "look," "danger," or any similar one hundred (100) feet of any word, phrase, or symbol. street right-of-way; and (15) Signs, within ten (10) feet of public right- 2. Is visible from the street right- of-way or one hundred (100) feet of traffic- of-way that the vehicle is within control lights, that contain red or green one hundred (100) feet of; and lights that might be confused with traffic 3. Is parked on commercially zoned control lights. property; (16) Signs that are of such intensity or bril- b. Vehicle signs visible from any street liance as to cause glare or impair the right-of-way with a total sign area vision of any motorist, cyclist, or pedes- less than or equal to ten (10) square titan using or entering a public way, or feet, when the vehicle is parked for that are a hazard or a nuisance to occu- more than sixty (60) consecutive inin- pants of any property because of glare or utes on a commercially zoned prop- other characteristics. erty and on which the business being advertised is located and: (17) Signs that contain any lighting or control 1. Is parked within the front two- mechanism that causes interference with thirds of the area between the radio, television or other communication front building line and the front signals. lot line; or Supp. No. 48 398.11 § 6-113 NORTH PALM BEACH CODE 2. In the case of corner lots, is (33) Time-Temperature-Date Signs. parked within the front two- (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 2, thirds of the area between the 8-18-94; Ord. No. 37-97, § 1, 8-28-97; Ord, No. side building line and the side 12-2000, § 1, 4-27-00) lot line; or 3. Is parked within thirty (30) feet See, 6-114. Permitted temporary signs. of any street right-of-way. (A) Where allowed. Temporary signs are al- (24) Signs displaying copy that is harmful to lowed throughout the village, subject to the re- minors as defined by this code, strictions imposed by this section and other rele- vant parts of this Code. Temporary signs do not (25) Portable signs as defined by this code. require a building permit. (26) Marquee sign as defined by this code. (27) Roof sign as defined by this code. (28) Changeable copy sign as defined by this code. Exceptions: a. Sign for public, charitable, and reli- gious institutions. b. Motor vehicle service station signs; provided, however, that said signs are: 1. Limited to a maximum oftwenty (20) percent of the total sign area for said vehicle service sta- tion. 2. Changeable copy is limited to price of fuel and the words "cash" and "credit." 3. The maximum height of change- able numbers shall be twelve (12) inches. C. Signs in P-Public District. (29) Painted wall sign as defined by this code. (30) Neon tube sign located inside or outside a building and as defined by this code. (31) Off site/preinise sign as defined in this code. (32) Signs placed on boats or watercraft that are located on public or private property other than boat or watercraft name, man- ufacturers name or required license num- bers. (B) Sign types allowed. A temporary sign may be a pole, ground or building wall sign, but may not be an electric sign. (C) Removal of illegal temporary signs. Any temporary sign not complying with the require- ments of this section is illegal and subject to immediate removal by the village forces. (D) Restrictions on content of temporary signs. A temporary sign may display any message so long as it is not: Supp. No. 48 398.12 (1) Harmful to minors as defined by this Code. (2) Advertising as defined by this Code, ex- cept that advertising for the following purposes may be displayed: a. To indicate that an owner, either personally or through an agent, is actively attempting to sell, rent or lease the property on which the sign is located. b. To identify construction in progress. Such message shall not be displayed more than sixty (60) days prior to the beginning of actual construction of the project, and shall, be removed when construction is completed. If a message is displayed pursuant to this section, but construction is not initiated within sixty (60) days after the message is displayed, or if con- struction is discontinued for a period of more than sixty (60) days, the message shall be removed, pending initiation or continuation of construc- tion activities. BUILDINGS AND BUILDING REGULATIONS § 6-114 C. To announce or advertise such tem- porary uses as grand openings, car- nivals, revivals, sporting events, or any public charitable, educational or religious event or function. Such mes- sage shall not be displayed more than thirty (30) days prior to the event or function and shall be re- moved within two (2) working days after the special event. Approval of the size and locations of the signs by the department of community devel- opment is required. d. Political sign. Nothing shall be con- strued to regulate the content or internal design of a political sign. Signs advertising political events and functions shall not be displayed more than thirty (30) days prior to the event or A-UnCtion an(i shall' be re- moved not more than seven (7) cal- endar days following the event or function advertised by the sign. Cam- paign signs shall not be displayed more than thirty (30) days prior to the election or vote to which they are directed and shall be removed within seven (7) days following the election or vote. (E) Permissible size, height and number of temporary signs. (1) Non-political signs. n Onffn -IiINT and dences. A parcel on which is located a single one-family or two-family res- idence or a vacant parcel within ei- ther the R-1 or R-2 zoning district may display not more than one (1) temporary sign with a sign area of not more than five (5) square feet. No sign shall exceed five (5) feet in height. Front setback shall be ten (10) feet and side setback shall be three (3) feet. area of not more than thirty-two (32) square feet. No individual sign shall exceed eight (8) feet in height. Front setback shall be ten (10) feet and side setback shall be three (3) feet. C. On all other parcels. All other par- cels may display not more than one (1) temporary sign with an aggre- gate sign area of not more than six- teen (16) square feet. No sign shall exceed eight (8) feet in height. (2) Political signs. Temporary political signs, each not exceeding five (5) square feet in sign area and not more than five (5) feet in height, may be displayed on any parcel within the village. Political signs are lim- ited to one (1) sign per candidate or issue, per parcel in any federal, state, county or municipal election. Political signs shall not be placed on any parcel within the village without the consent of the prop- erty owner. For vacant parcels, the prop- erty owner's written consent must be filed with the village clerk prior to the erection or placement of any temporary political signs. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 32-2000, § 1, 10-12-00; Ord. No. 10-2002, § 1, 4-25-02; Ord. No. 09-2003, § 1, 4-10-03; Ord. No. 2006-24, § 2.C.2, 11-9-06; Ord. No. 2009-02, § 4, 1-22-09; Ord. No. 2010-11, § 2, 7-22-10) State law reference--Effective January 22, 2011 (as set forth in Sections 5 and 10 of Ordinance 2009-02), the Village Council hereby amends Chapter 6, "Buildings and Building Regulations," Article V. "Signs and Outdoor Displays," of the Village Code of Ordinances by amending Section 6-114 to road as follows: Sec. 6-114. Permitted temporary signs. (A:) Where allowed. Temporary signs are al- lowed throughout the village, subject to the re- strictions imposed by this section and other rele- vant parts of this Code. Temporary signs do not require a building permit. b. Multi-family -residences. A parcel on which is located a multi- family resi- (B) Sign types allowed. A temporary sign may dence may display not more than be a pole, ground or building wall sign, but may one (1) temporary sign with a sign not be an electric sign. Supp. No. 48 398.13 § 6-114 NORTH PALM BEACH CODE ( (C) Removal of illegal temporary signs. Any temporary sign not complying with the require- ments of this section is illegal and subject to immediate removal by the village forces. (D) Restrictions on content of temporary signs. A temporary sign may display any message so long as it is not: (1) Harmful to minors as defined by this Code. (2) Advertising as defined by this Code, ex- cept that advertising for the following purposes may be displayed: a. To indicate that the owner of a va- cant lot, either personally or through an agent, is attempting to sell the property on which the sign is lo- cated. b. To indicate that an owner of a one- family or two-family residence or a unit within an existing multi-family development, either personally or through an agent, is actively attempt- ing to sell, rent or lease the property on which the sign is located or a unit located on the property. Existing multi-family developments are lim- ited to one (1) sign per development located fi-i the common area and meet- ing each of the requirements appli- cable to signs for one and two family residences set forth in subsection (E)(1)a below. C. To identify construction in progress. Such message shall not be displayed more than sixty (60) days prior to the beginning of actual construction of the project, and shall be removed upon issuance of a certificate of oc- cupancy or completion. If a message is displayed pursuant to this section, but construction is not initiated within sixty (60) days after the mes- sage is displayed, or if construction is discontinued for a period of more than sixty (60) days, the message shall be removed, pending initiation or continuation of construction activ- ities. The design of any such tempo- rary sign shall be submitted, re- viewed and approved in conjunction with site plan review. d. To identify the sale or lease of newly constructed or reconstructed residen- tial or commercial units. Such mes- sage shall not be displayed until the issuance of a certificate of occupancy or completion for the project and may only be displayed for a period of six (6) months from the date of issu- ance of a certificate of occupancy or completion or until all units on the property are sold or leased, which- ever first occurs. The design of any such temporary sign shall be submit- ted, reviewed and approved in con- junction with site plan review. Political sign. Nothing shall be con- strued to regulate the content or internal design of a political sign. Signs advertising political events and functions shall not be displayed more than thirty (30) days prior to the event or function and shall be re- moved not more than seven (7) cal- endar days following the event or function advertised by the sign. Cam- paign signs shall not be displayed more than thirty (30) days prior to the election or vote to which they are directed and shall be removed within seven (7) days following the election or vote. (E) Permissible size, height and number of temporary signs. Supp. No. 48 398.14 (1) Aron- political signs. a. One-family and two-family resi- dences. A parcel on which is located a single one-family or two-family res- idence or a vacant parcel within ei- ther the R-1 or R-2 zoning district may display not more than one (1) temporary sign with a sign area of not more than five (5) square feet. No sign shall exceed five (5) feet in BUILDINGS AND BUILDING REGULKHONS § 6-115 height. Front setback shall be ten (B) Content. A permanent accessory sign may (10) feet and side setback shall be only display any combination of the following, three (3) feet. none of which may be harmful to minors as b. Multi-family residences. A parcel on defined in this Code. which is located a multi-family resi- (1) Letters depicting the name of the building dence may display not more than or the name of the building occupant. one (1) temporary sign with a sign (2) Letters depicting the nature of the busi- area of not more than thirty-two (32) ness and that are a maxim-um of fifty (50) square feet. No individual sign shall percent of the height of the letters in exceed eight (8) feet in height. Front paragraph (B)(1) of this section. setback shall be ten (10) feet and side setback shall be three (3) feet. (3) A logo symbol for the building or the Signs pertaining to the sale or lease building occupant which does not exceed of a unit or units within an existing fifty (50) percent of the allowable sign multi-family development are re- area. stricted as set forth in subsection (4) Street address number and/or name. Street (D)(2)b above. address numbers may be located on any C. On all other parcels. All other par- portion of a gro-und sign not conflicting eels may disn1av not more than one with any other requirement of this article. (1) temporary sign with an aggre- (5) A removable sign affixed by permanent gate sign area of not more than six- brackets within the sign face area of a teen (16) square feet. No sign shall ground sign indicating that units with-in exceed eight (8) feet in height. the same parcel are for sale or for lease (2) Political signs. Temporary political signs, and including a contact phone number. each not exceeding five (5) square feet in The brackets and sign cannot cover any sign area and not more than five (5) feet other portion of the sign copy, including in height, may be displayed on any parcel any lettering, logo or address. within the village. Political signs are lien- (6) For commercial projects occupied by mul- ited to one (1) sign per candidate or issue, tiple retail or service establishments where per parcel in any federal, state, county or the total area of the project, including municipal election. Political signs shall outparcels, exceeds five (5) acres, a ground not be placed on any parcel within the sign may, subject to planning commission village without the consent of the prop- erty owner. For vacant parcels, the prop- accordance with the criteria set forth in erty owner's written consent must be filed this article, depict the name of the project with the village clerk prior to the erection and the names of up to five (5) tenants or or placement of any temporary political occupants of the j uro ect. A "for sale" or . (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 32-2000, "for for lease" sign may be substituted for one § 1, 10-12-00; Ord. No. 10-2002, § 1, 4-25-02; Ord. (1) of the tenant or occupant signs if the No. 09-2003, § 1, 4-10-03; Ord. No. 2006-24, space within the project is being actively § 2.C.2, 11-9-06; Ord. No. 2009-02, § 4, 1-22-09; marketed for sale or lease. Ord. No. 2010-11, §§ 2, 3, 7-22-10) (7) Noncommercial message. Notwithstand- ing anything contained in other sections See. 6-115. Permitted permanent accessory of the Code of the village to the contrary, signs. any sign erected pursuant to the provi- sions of this code may, at the option of the (A) Sign types allowed. A permanent accessory applicant, contain either a nonconimer- sign may be a ground or building wall sign. vial message unrelated to the business Supp. No. 48 398.14.1 § 6-115 NORTH PALM BEACH CODE located on the premises where the sign is erected or a commercial message related to the business and located on the busi- ness premises. The noncommercial mes- sage may occupy the entire sign face or portion thereof. The sign face may be changed from commercial to noncommer- cial messages as frequently as desired by the owner of the sign, provided that the size and design criteria conform to the applicable portions of this code, the sign is allowed by this code, the sign conforms to the requirements of the applicable zoning designation and the appropriate permits are obtained. For the purposes of this sign code, noncommercial messages, by their very nature, shall never be deemed off- premises. (C) Permissible numbet; area, spacing and height of permanent accessory signs. (1) Ground signs. a. Multi-family buildings with more than four (4) dwelling units. Number — One (1) maximum. Sign Area — Maximum thirty-two (32) square feet. Height — Eight (8) feet maximum. Set back, Minimum — Ten (10) feet front — three (3) feet side. b. Commercial occupancy: Number — One sign per parcel right- of-way frontage maxim-ain. Sign Sign, Sign Face Setback Height Area ffiniinu?n Maximan Maxipnuin 5 ft. 8 ft. 30 sq, ft. 10 fL 8 ft. 36 sq. ft. 20 ft. 10 ft. 40 sq. ft. 30 ft. 10 ft. 45 sq. ft. (2) Building wall signs: a. Subject to the design criteria of this article, the maximum mounting height of a building wall sign shall be eighteen (18) feet, except that on a building of more than two (2) sto- Supp. No. 48 398.14.2 ries, a single building wall sign is allowed above eighteen (18) feet fac- ing each public street frontage. b. Each multiple occupancy complex may display one (1) permanent ac- cessory building wall identification sign facing each public street front- age on the principal building in which the complex is located, not to exceed a sign area of twenty (20) square feet. C. Each occupant of a multiple occu- pancy complex that has a licensed building frontage which has direct ground level walk-in access from a public or private roadway or side- walk may display one (1) permanent accessory building wall sign on any exterior portion of the complex that BUILDINGS AND BUILDING REGULATIONS area within the smallest rectangle, parallelogram, triangle, circle or semi- circle, the sides of which touch the extreme points of the letters or pic- tures. (b) 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 ki) ueneratty. in generaj, tne manner or 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) Sec. 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. (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. Supp. No. 40 398.16.1 (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. BUILDINGS AND BUILDING REGULNIJONS (3) Blocking exits, fire escapes, etc. No sign or sign structure shall be erected. that im- pedes use of any fire escape, emergency exit, or standpipe. (4) All ground signs shall be erected within landscaped areas. Minim-urn 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 salve 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 tine (9) feet of vertical cieara.rice. (2) Over vehicular ways. All signs over vehic- tdar 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. (1) FOrntat for multiple occupancy c07111)1exes. A sign format for building wall signs to be placed on multiple occupancy complexes shall be approved prior to a building wall sign being permitted to be constructed, altered or remodeled after the effec- tive date of this code. The sign format shall be included as a submittal for autborization to erect such a sign and shall be maintained on file in the department of community development. As a inin- imum, the sign format shall specify the types, dimensions, placennent, colors, and shape of the § 6 -118 signs and the style of lettering which shall lend a unified appearance to the signs of the occupants of the complex. The sign format shall only be modified with the approval of the planning com- mission upon submission of a revised plan and specifications detailing the revised format. (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) See. 6 -118. Severability. (a) Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, tern, or word of this article is declared unconsti- tutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of Stich unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term or word of this article. (b) xSeverability where less spmch 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 commpetent jurisdiction., the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, terns, 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_ Supp. No. 33 398.17 § 6-1-18 NORTH PALM BEACH COI)E (c) Severability of provisions pertaining to pro- hibited signs. Without diminishing or limiting in any way the declaration 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, 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 aff6ct 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-typos as may be constitutionally prohibited continue to be prohib- ited. (Ord. No. 23-2005, § 1, 9-22-2005) Sees. 6-119-6-149. Reserved. ARTICLE VI. ENERGY EFFICIENCY BUILDING CODE See. 6-150. Adopted by reference, Under the authority of F.S. section 163.295, the village hereby adopts, by reference thereto, the Florida Model Energy Efficiency Code, for Build- ing Construction, 1986 edition, as the energy code for the village. There have been for at least ten (10) days last past and shall be during the time that this code is in effect, three (3) copies of such code and recommended amendments kept avail- able for public use, inspection and examination. (Ord. No. 6-79, § 1, 4-26-79; Ord. No. 23-80, § 1, 10-9-80) ARTICLE VII. COASTAL CONSTRUCTION CODE* Sec. 6-151. Title. The provisions contained herein shall consti- tute the coastal construction code for construction ,vithin 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) See. 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- Editor's note—Ordinance No, 22-86, § 1, adopted Dec. IL 1986, amended Art. V11 in its entirety to read as herein vet out in §§ 6-151-6-156. Forinerly, Art. VII, §§ 6-156-6-164, relative- to the coastal construction code. derived froin 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. 33 398.18 14BAINH AND SANYDITION § 14 -63 feet prior to being placed in the Swale ities as prohibited by subsection (b)(4) for collection. Each single item shall above. The village council shall establish weigh less than fifty (50) pounds. a schedule of such costs by resolution. b. Can any sched -led yard waste collec- tion day, branches, tree limbs, shrub clippings and paten fronds shall be limited to one (1) pile not exceeding right (8) cubic yards, measuring ap- proximately four (4) feet wide by fifteen (15) feet long by four (4) feet tall. (3) No property owner shall generate yard waste for collection once any portion of the village has been placed under a hur- ricane or tropical storm watch or warning by the national hurricane center of the national oceanic and atmospheric associ- ation (NOAA). (4) Any person, group of persons, corporation or other entity paid a fee to perform tree trimming or landscape maintenance activ- ities within the village shall be registered with the village's community develop- ment department and shall be required to remove all yard waste generated by such tree trimming or landscape maintenance activities. (c) Violations. The provisions of this section shall be enforced by the village's code compliance division or public safety department. Each perfor- mance of any act prohibited by this section or failure to perform an act required by this section shall constitute a separate offense. (d) Assessment of costs. (1) In addition to any fines imposed through the code enforcement process for viola- tions of this section, property owners shall be required to pay the costs associated with the collection of (i) yard waste in excess of the maximum amount set forth in subsection (b)(2) above; (ii) yard waste placed for collection as prohibited by sub- section (b)(3) above; or (iii) yard waste placed for collection by persons, corpora- tions or firms paid a fee to perform tree trimming or landscape maintenance activ- Supp. No. 40 892.1. (2) The village manager or village public works director shall certify the amount of the costs and mail such certification to the property owner via certified mail, return receipt requested, and regular U.S. mail. The property owner shall have fifteen (15) days froze the date of mailing in which to pay the costs or challenge the imposition and amount of the costs by requesting a hearing before the village code enforce- ment board. (3) If the property owner fails to pay the costs or if the property owner requests a hear- ing and the board decides adversely to the property owner, the village shall assess the ensts against the nrnnPrktT nwnnr a_nd record the assessment in the public records. The recording of the assessment shall create and constitute a lien against such property for the amount of the assess- ment, payable to the village. (4) The assessment shall bear interest at the current legal rate of interest per annum. as provided by law and shall constitute a lien upon the land from the date of the recording of the assessment. Lien assess - ments may be enforced by civil action in the appropriate court of competent juris- diction. The lien shall continue in full force until discharged by payment or oth- erwise or until settled and released by the community development director or the village manager. (Ord. No. 2009 -01, § 2, 1 -8 -09) Secs. 14- 32- 14 -36. Reserved. DIVISION 3. RESERVED* Secs. 14- 37- 14 -63. Reserved. *Editor's note —Ord. No. 2008 -15, § 2, adopted Oct. 23, 2008, repealed Div: 3, §§ 1- 4- 37- 14 -52, which pertained to abandoned, inoperative and junked property and derived froni §§ 23-15,23-16, and 23- 18 -23 -30 of the 1970 Code and Ord. No. 7 -73. § 14 -64 ARTICLE III. RESERVED Sees. 14- 64- 14 -78. Reserved. NORTH PALM BEACH CODE Supp. No. 4D 892.2 HEAIN11 AND SANYrNrION ARTICLE IV. ABATEMENT OF PUBLIC NUISANCES ON PRIVATE PROPERTY* See. 14-79. Definitions. The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Debt-is means any trash, rubbish, pipes, paper, wrapping, crates, boxes of any type, tin cans, wood, bottles, glass, animal and vegetable wastes, or other discarded materials, including vehicles, boats and boat trailers in a rusted, wrecked, junked, inoperative or partially dismantled con- dition. This definition shall include any vehicle, boat or boat trailer that does not possess a valid and current registration or to which a valid and current license plate or registration decal is not affixed as required by state law. Personal property means all forms of personal property and chattel, other than real property. (Ord. No. 2008-15, § 3, 10-23-08; Ord. No. 2009- 09, § 2, 7-23-09) Sec. 14-80. Uses or activities constituting a public nuisance. The following uses or activities upon any im- proved or vacant parcel, lot, tract, land or prem- ises within the village shall constitute a public nuisance and a violation of this code, subject to the nuisance abatement procedures set forth in this article and all other methods of code enforce- ment available to the village, including, but not limited to code enforcement proceedings and in- junctive relief: (1) The condition of ill repair or lack of main- tenance of any real property such that the condition is deemed unsafe or creates a health, sanitation, or safety hazard, in- eluding, but not limited to, the harboring of rats, snakes and other vermin or the 'Editor's note--Ord. No. 2008-15, § 3, adopted Oct. 23, 2008, repealed the former Art. IV, §§ 14-79-14-83, and enacted a new article as set out herein. The former Art. IV pertained to weeds and brush and derived from §§ 44 -11-- 44-15 of the 1.970 Code. Supp. No. 49 893 § 14-81 pooling of water that may serve as breed- ing grounds for insects and other disease vectors; (2) The growth of weeds, grass, or other sim- ilar ground cover which exceeds twelve (12) inches in height for improved and unimproved lots, or the uncontrolled growth of vegetation which fails to pres- ent a healthy appearance; or (3) The presence, accumulation, storage, or otherwise keeping of debris or any aban- doned, discarded, or unused personal prop- erty when not completely enclosed in a structure and visible at ground level from adjoining properties or public rights-of- way. (Ord. No. 2008-15, § 3, 10-23-08; Ord. No. 2010- 21. § 2. 11-18-10) See. 14-81. Notice of public nuisance; right to request hearing. (a) Authorized agents and employees of the village's community development department, in addition to code inspectors and law enforcement officers, are empowered to enter upon and inspect properties within the village on which a public nuisance is suspected to exist. All such persons shall be immune from prosecution, civil or crimi- nal, for reasonable, good faith entry upon prop- erty within the village while discharging the duties outlined in this article. (b) The village's community development di- rector or designee is hereby authorized and di- rected to notify in writing the owner of any property upon which a public nuisance exists, as specified in section 14-80 above. The notice shall detail the nature of the public nuisance, the inethod(s) of correction, and the date by which corrective action must be completed, which shall be at least ten (10) days from the date of the notice. The notice shall further advise the prop- erty owner of the right to request a hearing as specified below, and that the failure to abate the nuisance will result in the village taking correc- tive action and the assessment of costs and impo- sition of a lien against the property. § 14-81 NORTH PALM BEACH CODE (c) The notice shall be sent to the owner of the property by certified mail, return receipt re- quested, at the address(es) maintained by the county property owner and tax collector and shall be posted on the property. (d) Prior to the date specified for corrective action in the notice, the property owner may make a written request to the community devel- opment director for a hearing before the village code enforcement board to show that the condi- tion alleged in the notice does not exist or does not create a public nuisance. The code enforcement board shall conduct a hearing as soon as practi- cable after the receipt of such request. The prop- erty owner shall be notified of the hearing in the manner set forth in section 2-181 of this Code. (Ord. No. 2008-15, § 3, 10-23-08) Sec. 14-82. Abatement of public nuisance. If no hearing has been requested and the condition described in the notice has not been corrected by the date specified in the notice, or if a hearing has been held and the code enforcement board has ruled adversely to the property owner, the community development director is autho- rized with approval of the village manager to cause the nuisance to be abated by the village or its agents at the expense of the property owner. (Ord. No. 2008-15, § 3, 10-23-08) See. 14-83. Assessment of costs and imposi- tion of lien. (a) When the village has abated or contracted for the abatement of a public nuisance as autho- rized by this article, the village community devel- opment director or village manager shall certify the costs incurred in remedying the condition, in addition to a two hundred fifty dollar ($250.00) administrative fee, and assess that amount against the property. The assessment shall contain the legal description of the property, the street ad- dress, and the total amount of the assessment. The village shall mail the assessment to the property owner via both certified mail, return receipt requested, and regular U.S. mail and provide the property owner fifteen (15) days fi-om the date of mailing in which to pay the assess- ment. (b) Should the property owner fail to pay the assessment, the village shall record the assess- ment in the public records, and the recording of the assessment shall create and constitute alien against such property for the amount of the assessment, payable to the village, (c) The assessment shall bear interest at the current legal rate of interest per annum as pro- vided by law and shall constitute alien upon the land from the date of the assessment. Lien assess- ments may be enforced by civil action in the appropriate court of competent jurisdiction. The lien created shall be a first hen, equal to a lien for nonpayment of property taxes, on any property against which an assessment for costs to abate a nuisance has been recorded. The lien shall con- tinue in full force until discharged by payment or otherwise or until settled and released by the community development director or the village manager. (Ord. No. 2008-15, § 3, 10-23-08) [The next page is 9451 49 o. N upp. S f 894 APPENDIX CZONING ARTICLE 1. IN GENERAL See. 45-1. Short title. The provisions embraced within this ordinance shall. be known as the "zoning code" and may be so cited. See. 45-2. Definitions. For the purpose of this ordinance, certain words and terms are defined as follows: Accessory use is a use customarily incident and accessory to the principal use of land or building located on the same lot. Accessozy building or structure shall include a building or structure customarily incident and accessory to the principal use of land or building located on the sanie 'lot. I'll the R-1 residential dwelling district, accessory buildings shall be limited to an open-air pavilion and an automobile garage. In the R-2 dwelling district, an accessory building shall be limited to an automobile garage. Adult entertainment, Adult entertainment means any adult arcade, adult theater, adult booth, adult bookstore/adult video store, adult motel or adult dancing establishment as defined in Ordinance No. 88-31, Palin Beach County Adult Entertain- ment Code; or any establishment or business operated for commercial gain where any em- ployee, operator or owner exposes his/her speci- fied anatomical area for viewing by patrons, UU n- _1_4 e A 4_ %A Ltumg t, ULUV 11 In LU U, I.V. flu. luaiti6ngu whether or not licensed pursuant to Chapter 480, Florida Statutes, tanning salon, modeling studio, or lingerie studio. Antenna is a transmitting or receiving device used in communications that radiates or captures electromagnetic waves, digital signals, analog sig- nals, radio frequencies (excluding radar signals), wireless telecommunications signals or other coin- munication signals, (See antenna tower for appli- cable regulations). Antenna tower is a guyed, monopole or self- supporting structure, whether free standing or attached to another structure, containing one or more antennas intended for transmitting or re- § 45-2 ceiving television, AM/FM radio, digital, micro- wave, cellular, telephone or similar form of elec- tronic communication, Antiques: Objects of an earlier period such as furniture, jewelry, stamps, coins, miniaturized replicas, works of art, or other decorative articles that are collected primarily because of their age, history, or expectation of increasing value. Building is any structure, either temporary or permanent, having a roof or other covering and designed for the shelter or enclosure of any per- son, animal or property. Child care facility means a licensed facility with more than five (5) children that are unre- lated to the operator of the facility and which complies with F.S. chapter. 402. Community residential home, as defined in F.S. cbaptav A1Q 4 1;—A to serve clients of the department of health and rehabilitative services, which provides a living environment for seven (7) to fourteen (14) unre- lated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents, Decorative post structure is the support base for a light fixture and shall comply with the following requirements: (1) The installation of a decorative post struc- ture shall comply with all village build- - _1__4__1 --A ---a .LL X8, eledaium and zu,ung cudes. (2) Free standing. (3) Conform with the architectural design of the main building veneer. (4) May be located within the main building setback areas. Supp. No. 49 2480.1 (5) Not more than two (2) decorative post structures per driveway entrance and not more than four (4) decorative post struc- tures per lot. (6) Not more than thirty (30) inches in width and depth and/or diameter. (7) Not less than eighteen (18) inches setback from any lot line. § 45-2 NOWfU PALM BEACH CODE (8) Not more than thirty six (36) inches in height without a fixture. Exception: Not more than seventy-two (72) inches in height without a fixture when setback a mini- mum of thirty-five (35) feet ftom any side lot line or rear lot line on corner lots and not less than thirty-six (36) inches from any public right-of-way. Detached fence storage area is a storage area attached to a fence erected on the property line in conformance with fence requirements of the North Palm Beach Code. Such storage area shall not exceed three (3) feet in depth nor be longer or higher than the fence to which it is attached. Said storage area shall be constructed of the same material, design and color as the fence to which it is attached and the fence and storage area shall be constructed of opaque materials which prop- erly screen the interior of the storage area from the view of the adjacent property owners. De- tached fence storage areas shall not be erected closer to the street than the adjacent front wall of the main building. No such storage area shall be erected unless its construction conforms to village ordinances. Drug store is a store engaged in the sale of prescription drugs and other items not necessar- ily related to pharmaceuticals. Dwelling is any building or structure designed exclusively for residential occupancy. A dwelling may be designed for one-family, two - family or multiple-family occupancy, but not including ho- tels, clubs, motels, boarding or lodging houses or house trailers whether such trailers be mobile or located in stationary fashion as when on blocks or other foundation. Dwelling unit is a single unit providing com- plete, independent living facilities for one (1) or more persons- including permanent provisions for living, sleeping, eating, cooking and sanitation. Family shall mean one or more persons living in the same single or multiple family dwelling unit, all of whom are related by blood, marriage or adoption, or a group of persons all of whom are not so related which does not exceed two (2) unrelated persons in number. This term shall not include the occupants of a rooming or boarding house, group home/congregate living facility or other similar use with share cooking or sanitary facilities. Family day care home is an occupied residence in which child care is regularly provided for five (5) or fewer preschool children from more than one unrelated family and which receives a pay- ment, fee or grant for any of the children receiving care, whether or not operated for profit. The maximum five (5) preschool children shall include preschool children living in the home and pre- school children received for day care and not related to the resident caregiver. Elementary school siblings of the preschool children receiving day care may also receive day care outside of school hours provided the total number of children, including the caregiver's own and those related to the caregiver, does not exceed ten (10). Floor area is all usable floor space within the exterior walls of a structure. Front, side and rear line of a building shall be deemed and construed to include both the main portion of such structure and all projections there- from, including any garage, carport or an ex- tended roof beyond the normal eave or cornice forming a cover or roof over an entrance to such dwelling. Any awnings or shutters supported by vertical posts, columns or pipes shall also consti- tute the building line. The building line shall not include the eaves of such structures nor any open terraces, stoops, steps, or planting boxes which do not extend more than four (4) feet above the level of the yard grade. Exception. Cantilevered canvas awnings may ex- tend no more than eight (8) feet into the required front, side or rear setback and shall be set back two (2) feet from the side property line. Front yard is that area between the front building line and the front line of the lot, and extending from one (1) side line to the other. Larnp 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. Supp. No. 49 24802 APPENDIX C—ZONING Living area is that area within any dwelling or rooming 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. 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 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, (Intrie.hp.d. nr qpmirlptnehnd huilriinsr-_ enntnininlor guest rooms or apartments with automobile stor- age or parking space provided in connection there- with, designed and used primarily by automobile transients. Non-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 Supp. No. 49 2481 § 45-2 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 engaged in the preparation of prescription drugs and the sale of drugs, prosthetic supplies, surgical instriunents and supplies, and sale and/or rental of aids for invalids. 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 one (1) side line to the other. On all lots the rear yard shall be in the rear of the front yard facing the street. Resident of community residential home means any of the following: an aged person as defined in F.S. 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 YS. chapter 39. Residents, as defined in F.S. chapters 400, 760, 393 and 394, shall not reside in the same community residential hoine 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 § 45-2 NORTH PALM BEACH CODE ( � may be erected as an accessory structure in R-1 and R-2 zoning districts, subject to the following restrictions: (1) (2) (3) 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. 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. Installation of a satellite television an- tenna shall comply with the village build- ing codes, electrical codes, zoning codes and other village codes that may apply thereto, (4) Not more than one (1) satellite television antenna shall be allowed on any lot. (5) (6) 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. Satellite television antenna shall be screened from all adjoining private prop- erty by an opaque fence, an opaque wall or by natural landscape planting so planted as to provide inaxi-.num opacity that is a minimuin 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. Supp. No. 49 2482 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. Stoiy 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. 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. Raditional 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 bobbies, toys and games. 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. APPENDIX C—ZONING Xeriscape means a method of water conserva- tion gained through the utilization of trees, shrubs, vines, plants, groundcover and turf grasses which are drought tolerant. The implementation of ap- 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, 6-28-90-1 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) Cross 4b, Code i-, s ' I 1-9 . See. 45-3. Interpretation of provisions. In interpreting and applying the provisions of this ordinance, they shall be held to be the mini- murn 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 (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. Supp. No. 49 2483 § 45-16 See. 45-6. Penalty for violation of provi- sions. Any person who shall violate any of the provi- 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. Sees. 45-7•45-15. Reserved. ARTICLE 111. 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 C-1A 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- § 45-16 NORTH PALM BEACH CODE 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) Sec. 45-16.1. 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- 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. Supp. No. 49 2484 M 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. (2) Identification. The official zoning map shall be identified by the signature of the mayor at- tested by the village clerk, and hearing the seal of the village under the following words: "This is to certify that this is the official zoning map referred to in section 3 of Ordinance No. 20 of the Village of North Palm Beach, Florida, as amended," to- gether with the date of the adoption of this ordinance. (3) Changes. (a) If, in accordance with the provisions of this ordinance changes are made in dis- trict boundaries or other matter por- trayed on the official zoning map, such changes shall be entered on a new official zoning map promptly after the amend- ment, has been approved by the Village Council. The new official zoning map shall be adopted in accordance with provisions set forth in Section 45-17(6). (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 ofuhatever kind or any failure to make a change when directed by ordinance by any person or persons shall be considered a violation of reILlaW►!J0 VAR W+XOhI!�It this ordinance and punishable as pro- vided under section 45 -6 of this ordi- nance. Supp. No. 49 2485 § 45 -17 APPENDIX C—ZONING § 45-35.3 2) Adequate screening and buffer- 13. Funeral home means an establishment ing from residential districts, engaged in preparing deceased human uses and structures; and beings for burial, and managing and ar- 3) Adequate access, ingress and ranging funerals. A funeral home shall egress. comply with the following supplementary use standards: 9. Dry cleaning means an establishment that provides for cleaning of fabrics with sol- vents. 10. Dwelling unit. a. A dwelling unit shall not be located on the ground floor of any building or structure. b. Parking shall be provided at a min- imum of one and one-half UY2) spaces per dwelling unit, exclusive of park- ing required for nonresidential uses. 11. Emergency health care facility means an establishment not affiliated with a hospi- tal or hospital emergency room, providing walk-up emergency medical care. 12. Financial institution means an establish- ment open to the general public and en- gaged in deposit banking. Typical uses include commercial banks, savings insti- tutions and credit unions, and may in- clude outdoor automated teller machine and drive-through facilities. A financial institution shall comply with the follow- ing supplementary use standards. a. Afinancial institution with more than three (3) drive-up units or two (2) drive-up units and a drive-up auto- mated teller machine shall be ap- proved only as a conditional use. In approving a conditional use, the re- viewing board shall make a finding that the use is appropriately located, considering the following guidelines: 1) Proper functioning of the site as related to vehicular stack- ing, circulation and turning movements; 2) Adequate buffering from resi- dential areas; and 3) Provision of adequate ingress, egress, and access. Supp. No. 25, Add 2510.7 a. A funeral home use shall not include a crematory. b. In approving a conditional use for a funeral home, the village shall make a determination the use is appropri- ately located, considering the follow- ing guidelines; 1) Proper functioning of the site as related to vehicular stack- ing, circulation and turning movements; 2) Adequate buffering from resi- dential areas; and 3) Provision of adequate ingress, egress, and access. 14. Hotel motel means a commercial establish- ment used, maintained or advertised as a place where sleeping accommodations are supplied for short term rent to tenants. The establishment may be constructed in a building or a group of buildings and may include one or more accessory uses such as dining rooms or convenience stores. A hotel/motel use shall comply with the fol- lowing supplementary use standards: The number of sleceping units shall not exceed one (1) per thousand (1,000) square feet of lot area. b. Accessory uses, including lounges, dining and retail sales shall not ex- ceed thirty (30) percent of the entire gross floor area of the principal struc- tures. 15. Laboratory, general means a facility used for testing, research, experimentation, quality control or prototype construction, excluding routine manufacturing, repair, maintenance, or similar activities. 16. Laboratory, medical or dental means an establishment which performs medical tests, or the construction or repair of § 45-35.3 NORTH PALM BEACH CODE prosthetic devices, provided such testing as a restaurant with full kitchen facili- or work is performed at the written order ties -. A nightclub, bar or lounge shall be of a licensed physician or dentist. subject to the following supplementary 17. Laundry service means an establishment use standards: that provides home type washing, drying, a. A night club, bar or lounge shall not dry-cleaning, or ironing machines for hire be located within two hundred fifty to be used by customers on the premises, (250) feet of a residential district, or that is engaged in providing laundry use or structure, nor within seven and dry-cleaning service with customer hundred fifty (750) feet of another drop-off and pickup. nightclub, bar or lounge use as mea- 18. Marina (private mooring means a dock or sured by the nearest points of prop- basin supplying secure moorings for boats. erty lines on any two (2) parcels of Marinas shall comply with the following land occupied or to be occupied for a supplementary use standards. night club, bar or lounge. a. A marina shall provide at each boat 1) The distance to residential may slip an individual sewer and water be reduced for those properties hook-up that shall be connected to a adjacent to the Earman River sewage and potable water supply upon application to the village system approved by the Palm Beach as part of the conditional use County Health Department. application. b. All docks shall extend beyond the 2) Conditional use approval may shallow water depth. be subject to additional site de- sign requirements to reduce im- C. An accessory marine store shall be pacts on neighboring residen- permitted. tial districts or uses. 19. Medical or denial office or clinic means an b. Outdoor or open areas shall be per- establishment offering patients medical mitted subject to a finding by the services, examinations, and treatments reviewing board that the location or by licensed professional, trained in heal- design of the outdoor or open area ing or health related practices including shall not have a negative impact on medical doctors, dentists, chiropractors, neighboring residential districts, uses naturopaths, optometrists, or any other or structures. similar profession as is legal in the State of Florida. These uses shall not include C. A nightclub, bar or lounge contained establishments where patients are lodged within an office, hotel or motel struc- overnight. ture shall be considered as an acces- sory use and shall not exceed thirty 20. Nightclub, bar or lounge means an estab- (30) percent of the gross floor area of lishment engaged in the preparation and the entire structure. retail sale of alcoholic beverages for con- sumption on the premises, including tav- 21. Nursery, retail and garden supplies means erns, bars, cocktail lounges and similar an establishment which sells trees, shrubs, other uses. A nightclub, bar or lounge may groundcover, sod, and other types of plants, include live entertainment. The establish- tools, lawnmowers and related power ment shall not sell liquor or alcoholic equipment, fertilizer and pesticides, gar- beverages for off-premises consumption. den furniture, mulch and other types of The restrictions of this section shall not groundcover and similar items used for apply to any bona fide restaurant as de- landscape lawn maintenance and land- fined and licensed under Florida Statutes scape purposes. Retail landscape nursery Supp. No. 25, Add 2510.8 APPENDIX C—ZONING C. Dumpsters and similar containers. Dumpsters and similar containers, including re- cycling bins, compactors, etc., shall be screened in a manner consistent with the following: 1. Similar containers shall be located only at the rear of a building or structure. 2. Enclosures shall be constructed in a man- ner consistent with the architectural style, color, materials, etc,, of the principal build- ing, and shall screen the dumpsters on all 'four (4) sides of the enclosure from public view. a. An opaque concrete wall or similar material shall screen both sides and the rear of such facilities. b. The front of a screen enclosure shall be gated and shall consist of durable opaque materials consistent with the overall design of the project. C. Dependent upon the location of an enclosure on the site, landscaping may be required in addition to the opaque screening material. 3. Alternative dumpster location. When it is not possible to locate the enclosure in the rear of the site, the dumpster shall be enclosed by landscaping to the greatest extent possible. 4. Access to the dumpster should be pro- vided from a secondary street, 5. Enclosures are to be -ICS4 gned 4-- U" I � space to accommodate recycling bins, D. Sidewalks. Sidewalks shall be provided along all roadways on both sides of the street. At cor- ners handicapped ramps shall be provided and sidewalks shall continue across driveway and parking lot surfaces using decorative paving ma- terials to delineate crosswalks. All new construc- tion or substantial renovation of existing build- ings and structures shall include one (1) or more- clearly delineated walkways from the public sidewalk to the private sidewalk, arcade, pedes- trian way, etc. Examples of other complementary materials include the following: 1. Paver blocks or alternative style or color; New and used brick; and 3. Concrete stamped with a pattern. § 45-35.3 E. Retaining walls. Retaining walls shall be constructed as necessary, provided such walls are constructed utilizing the same architectural style, materials, and color of the principle structure. F. Alley screening walls. All new construction or substantial renovation of existing buildings and structures shall construct or reconstruct a solid masonry or concrete wall a minimum of six (6) feet in height. The wall shall be located along the rear property line of the parcel being im- proved. 2. Chain link and wooden fences are prohib- ited. Properties within the marine district of the NBOZ are exempt from this require- ment. G. Underground utilities. The village may re- quire existing overhead utilities to be placed underground when located on properties subject to new construction or substantial renovation. H. Shopping carts. If a use requires shopping carts, they shall not be allowed to accumulate in any outside area including parking lots and load- ing areas, and shall be removed from cart corrals in a timely manner and relocated to designated storage areas near the principle structure. I. Mailboxes. Mailboxes, including special drop boxes, may be clustered within buildings, grouped under a kiosk, or individually freestanding. In all cases the design and installation of mailboxes shall comply with the following standards: The village and the U.S. Postal Service shall approve the size, type, and location of mailboxes. 2. Mailboxes shall be landscaped consistent with and architecturally compatible to the development. J. Satellite dishes. Satellite dishes may be in- stalled provided the dishes are not visible from any street, and the color is compatible with the surrounding environment. Plans for the installa- Supp. No. 25, Add 2510.57 § 45-35.3 NORTH PALM BEACH CODE tion of communication equipment, such as dishes and antennas, shall be submitted for review dur- ing the planning phase of a project. K. Telephones, vending machines, and newspa- per racks. All public telephones, vending ma- chines, newspaper racks, and facilities dispensing merchandise or services on private property shall be enclosed within a building, enclosed within a structure, attached to a building, or enclosed in a separate area. Attached and freestanding structures shall be landscaped consistent with and archi- tecturally compatible with the principal structure. 2. Public telephones. Wall-mounted and free- standing public telephones visible from a public right-of-way shall be fully or par- tially enclosed. I - Vending machines. a. Vending machines dispensing bever- ages, food, ice, and related consumer products shall not be visible from a public right-of-way. b. Vending machines may be located in outdoor enclosures, provided such en- closures are constructed utilizing the same architectural style, materials, and colors as the principal structure. (Ord. No. 05-2003, § 1, 2-27-03) See. 45-36. General provisions. The provisions of this article shall be subject to the following provisions and exceptions: A. Chimneys, water tanks, radio or televi- sion towers, telecommunications antenna/ towers, church spires, elevator lofts, flag- poles and parapet walls may be erected above the height limits herein estab- lished. A -1. No addition to any building and no struc- ture or object shall be erected, placed or maintained or built to a height which Supp. No. 25, Add 2510.58 APPENDIX C----ZONING § 45-36 mit, the lot owner shall submit a b. The exemption shall remain in planting plan to the community de- place for so long as the permit velopment department indicating the or approval remains active, pro- method of ground treatment and iden- vided that active construction tifying existing trees and palms to be activities commence within the preserved and non-native and exotic one hundred and twenty-day species to be removed. The depart- period. In order to qualify for ment shall not issue the demolition the exemption, the lot owner permit until the planting plan has shall submit an affidavit stat- been submitted and approved. ing that the above require- ments shall be met at the time (6) Maintenance. The lot shall be main- the application for the demoli- tained in accordance with the require- tion permit is submitted. ments of chapters 14 and 15 of the C. A property owner may apply for village Code of Ordinances. Mainte- one extension of the exemption nance shall terminate upon the coon- period for a period of time not mencement of active construction ac- to exceed sixty (60) days. tivities in accordance with a valid and active building permit. If con- d. In the event: W construction P___ stfuct-lon -- a___,_ -- UUVILIV,SS UeUBU 1UF MUEe activities do not commence within the one hundred and than thirty (30) days or the building permit expires, a new planting plan twenty-day period; (ii) the per- be submitted and implemented. amts or other approvals facili- tating redevelopment of the (7) Exemption. property expire; or {iii) construc- a. A lot owner shall be exempt tion. activities commence and then cease for a period of more from submitting a planting plan than thirty (30) days, the prop- and demolishing the existing erty owner shall comply with driveways, parking areas and all requirements of subsections accessory structures if the prop- (2) through (6) above within erty will be redeveloped within thirty (30) days. one hundred and twenty (120) days of demolition, as evidenced (8) Existing docks or piers. An existing by the submittal of an aDolica- dock or pier adjacent to a formerly tion for a building permit or developed vacant lot may remain other development approval at subject to the following conditions: the time of demolition. The lot a. The use of the dock or pier shall owner shall certify that the ex- be limited to one vessel; isting driveways, parking ar- b. The dock or pier shall only be eas and accessory structures will used for the personal enjoy- be incorporated into the new ment of the lot owner and shall construction plan or are neces- not be rented or leased to any safy to facilitate future construc- third party or used for any com- tion activities, whichever is ap- mercial purpose; plicable. Lot owners shall limit access to swimming pools re- C. No sewer or electrical services maining on vacant lots in accor- to the dock or pier shall be dance with the applicable build- permitted; ing code requirements for new d. No live aboard vessels shall be construction. permitted; Supp. No. 49 2512.4.1 § 45-36 NORTH PALM BEACH CODE e. The upland portion of the lot shall not be used for storage, parking or any other accessory use or structure until the prin- cipal use or primary structure is completed; and f. Access to the dock, or pier may be restricted as provided in sec- tion 45-36(D-1) above. (9) Enforcement. Violations of this sec- tion shall be enforced as code enforce- ment violations in accordance with article VI of chapter 2 of the village Code of Ordinances. (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No. 1-72, § 1; Ord. No. 11-74, § 1; Ord, No. 11-75, § 1, 9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91; Ord. No. 20-95, § 1, 7-27-95, Ord. No. 34-96, § 1, 8-22-96; Ord. No. 3-97, § 1, 1-9-97; Ord. No. 12-97, H 3, 4, 2-27-97; Ord. No. 2-98, § 1, 1-8-98; Ord. No. 6-99, § 1, 1-28-99; Ord. No. 03-2002, § 1, 2, 2-14-02; Ord. No. 04-2005, § 1, 2-10-05; Ord. No. 2006-28, § 11, 12-14-06; Ord. No. 2010-21, § 5, 11-18-10) See. 45-37. Historic site overlay district. A. Purpose. The historic site overlay district is used to impose special development restrictions on identified areas. The locations of this overlay district are established by the Village based on the need for special protective measures at those locations. The historic site overlay district im- poses different standards than those that would otherwise apply. B. Definitions. [For purposes of this section, the following words shall have the meaning as- cribed to them in this subsection:] Building. A structure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel, or similar structure. Buildings may refer to a historically or architec- turally related complex, such as municipal build- ings, or a house and barn. Parking lots and garages are hereby deemed to be "buildings." Cultural resource. A site, object, structure, build- ing or district listed in the Village's register of historic sites. Demolition. The tearing down or razing of twenty-five (25) percent or more of a structure's external walls. District. A geographically definable area pos- sessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or areas, which are united historically or aesthet- ically by plan or physical development. A district may be comprised of individual resources which are separated geographically but are linked by association or history. Object. A material thing of functional, aes- thetic, cultural, historical or scientific value that may be, by nature of design, movable, yet related to a specific setting or environment. Ordinary maintenance. Work which does not require a construction permit and that is done to repair damage or to prevent deterioration or decay of a building or structure or part thereof as nearly as practicable to its condition prior to the damage, deterioration, or decay. Original appearance. That appearance (except for color) which, to the satisfaction of the village council, closely resembles the appearances of ei- ther: (1) The feature on the building as it was originally built or was likely to have been built, or (2) The feature on the building as it presently exists so long as the present appearance is appropriate, in the opinion of the vil- lage council, to the style and materials- of the building, C. Creation of local register of historic sites. A local register of historic sites is hereby created as a means of identifying and classifying various sites, buildings, structures, objects and districts as historic and/or architecturally significant. The local register will be kept by the director of community development. D. Initiation of placement on local register. Placement of sites, buildings, structures, objects or districts on the local register may be initiated Supp. No. 49 2512.42 APPENDIX C—ZONING by the village council. In addition, placement may be initiated by the owner of the site, building, structure, object or area; or, in the case of a district, by the owner of a site, building, struc- ture, object or area within the proposed district. By adoption of this ordinance, those sites within the Village of North Palm Beach that have been classified as a "Florida historic site" by the Divi- sion of Archives, History and Records Manage- ment, Florida Department of State, are hereby placed on the local register. E. Placement oii local register The following procedure shall be followed for placement of sites, buildings, structures, objects, areas and districts on the local register: 1. A nomination firm, available from the department of community development, shall be completed by the applicant and returned to the department. 2. Upon receipt of a completed nomination. form, including necessary documentation, the director shall place the nomination on the agenda of the next regularly sebed- uled meeting of the village planning com- mission. If the next regularly scheduled meeting of the plan a xing conimi ssion is too close at hand to allow for the required notice to be given, the nomination shall be placed on the agenda of the succeeding regularly scheduled meeting. Adequate notice of the planning Lion shall be provided to the public at large, and to the owner(s) of the nomi- nated property(ies), at least fifteen (15) days in advance of the meeting at which the noxiiihation will be considered by the council. The planning commission shall, within thirty (30) days from the date of the Meeting at which the nomination is first on the planning commission agenda, re- view the nomination and write a recora- inendation thereon for consideration by the village council. The recommendation shall include specific findings and conclu- sions as to why the nomination does or does not ineet the appropriate criteria for supp. No- 33 2512.5 § 45-37 listing on the local register. The recom- mendation shall also include any owner's objection to the listing. If the nomination is of a district, the recommendation shall also clearly specify, through the use of maps, lists or other means, those build- ings, objects or structures which are clas- sified as contributing to the historical significance of the district. 5. Upon receipt of the recommendation from the planniDg commission to the village coinicil, the nomination shall be placed on the agenda of the next regularly sebed- uled. workshop of the village council. Following the village council workshop consideration, adequate notice of the vil- lage council's consideration of the nomi- nation at a public meeting shall be pro- vided to the public at large (advertisement for public hearing), and to the owner(s) of the nominated property or properties, at least fifteen (15) days in advance of the meeting at which the nomination will be considered by the council. The village coui-icil shall, within ninety (90) days from the date of the meeting at which nomination is first on the council's agenda, review the nomination and vote to accept or reject, the -non-fination. The decision shall include specific tinaings and conclusions as to why this nomination does or does not meet the appropriate criteria for listing on the local register. The decision shall also include any owner's objection to the listing. If the nomination is of a district, the decision shall. also clearly specify, through the use of maps, lists, or other means, those grounds, build- ings, objects or structures which are clas- sified as contributing to the historical significance of the district. The noinina- tiori form and the council's recommenda- tion shall be sent to the planning conin-lis- gion. The nomination shall then be handled as any other rezoning/amendment to the land use element. § 45-37 NOW11 PALM BEACH CODE F. Criteria for listing on local register, G. Effect of listing on local register A site, building or district must meet the following criteria before it may [be] listed on the local register: a. The site, building or district pos- sesses integrity of location, design setting, materials, workmanship, feel- ing and association; and The site, building or district is asso- ciated with events that are signifi- cant to local, state or national his- tory; or the district site, building, structure or object embodies the dis- tinctive characteristics of a type, pe- riod or method of construction, or represents the work of a master, or possesses high artistic values, or rep- resents a significant and distinguish- able entity whose components may lack individual distinction. 2. A site or building located in a local regis- ter of historic sites district shall be desig- nated as contributing to that district if it meets the following criteria; The property is one which, by its location, design, setting, materials, workmanship, feeling and associa- tion adds to the district's sense of time and place and historical devel- opment. A property should not be considered contributing if the property's integ- rity of location, design, setting, ma- terials, workmanship, feeling and as- sociation have been so altered that the overall integrity of the property has been irretrievably lost. Structures that have been built witl im the past fifty (50) years shall not be considered to contribute to the sig- nificance of a district, unless a strong justification concerning their histor- ical or architectural merit is given or the historical attributes of the dis- trict are considered to be less than fifty (50) years old. SLIpp. No, 33 2512.6 1. The department may issue an official cer- tificate of historic significance to the owner of properties listed individually on the local register or judged as contributing to the character of a district listed on the local register. The director of public ser- vices is authorized to issue and place official signs denoting the geographic boundaries of each district listed on the local register. Structures and buildings listed individu- ally on the local register or judged as contributing to the character of a district listed on the local register shall be deemed historic and entitled to modified enforce- ment of the Standard Building Code as provided by Chapter 1, section 101.5 of the Standard BA:dldiiig Code Congress In- ternational, Inc. No demolition, alteration, relocation or construction activities may take place ex- cept as provided below. H. Certificate of appropriateness. When required. A certificate of appropriateness must be obtained from the planning com- mission before making certain alter- ations, described below as regulated work items, contributing structures and structures listed individually on the local register. b. For each of the regulated work items listed below, the following applies, i. Ordinary maintenance. If the work constitutes "ordinary maintenance" as defined in this code, the work may be done without a certificate of appro- priateness. ii. Staff approval. if the work is not "ordinary maintenance," but will result in the "original ap- pearance" as defined in this code, the certificate of appropri- AWPENDIX C;— ZONING ateness may be issued by the director of community develop- ment. iii. Plann. ing commission approval. If' the work, is not "ordinary maintenance" and will not re- sult in the "original appear- ance," a certificate of appropri- ateness must be obtained from the planning commission be- fore the work may be done. C. The following are regulated work items: i. Installation or removal of metal awnings or metal canopies. ii. Installation of all decks above the first-floor level and/or on the front of the structure. iii. Installation of an exterior door or door frame, or the infill of an existing exterior door opening. iv. Installation or removal of any exterior wall, including the en- closure of any porch or other outdoor area with any .material other than insect screening. V. The installation or relocation of wood, chain-link, masonry (gar- den walls) or wrought iron fenc- ing, or the removal of masonry (garden walls) or wrought iron fencing. vi. The installation or removal of all fire escapes, exterior stairs or ramps for the handicapped. ,,ii. Painting unpainted masonry in- eluding stone, brick, terra-cotta and concrete. viii. Installation or removal of rail- ings or other wood, wrought iron or masonry detailing. ix. Abrasive cleaning of exterior walls. X. Installation of new roofing nia- terials, or removal of existing roofing materials, Supp. No. 33 2512.7 d. e. § 45-37 xi. Installation or removal of secu- rity grilles, except that in no case shall permission to install such grilles be completely de- nied, xii. Installation of new exterior sid- ing materials, or removal of ex- isting exterior siding materi- als. xi ii. Installation or removal of exte- rior skylights. xiv. Installation of exterior screen windows or exterior screen doors. xv. Installation of an exterior win- dow or window frame or the infill of an existing exterior win- dow opening. A certificate of appropriateness must be obtained from the planning com- mission to erect a new building or parking lot within a district listed on the local register. A certificate of appropriateness must be obtained from the planning corn- 111is- STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. section Section Section this Code Section this Code 1.01 27-31 175.061((7) 2-169 1.01 et seq. 1-2 175,071(1 ' ) 2-166 ch. 22F App. B, Art, 11, 175.071(8) 2-166 § 36-10 175.101 26-17 ch. 39 App, C, § 45-2 175.333 2-162 Ch. 50 2-181 ch. 177 App. B, Art. 1, 50.041 2-181 § 36-2 50,051 2-181 App. B, Art. 11, 55.03 29-5(a) § 36-8 ch, 98 Ch. 10 App- B, Art. 11, 101.657 10-7 436-15 11.2.1.81 2-161(e)(9) App. B, Art. IV, ch. 121 2-155 § 36-27 161,155(1)(d) 6-156 ch. 185 2-167 161-041 6-153 185.06(6) 2-169 161.053 6-1.54 185.06(1)(13) 2-166 ch. 162 2-174 185,06(7) 2-166 162.12(2) 2-1.80 1.85.08 26-1-6 ch. 163 12.5-1 202.195 29-8(ni) 21-1 203.012 26-51,29-3 21-11 29-5(b) 21-43, 21-44 203.012(5)(b) 26-51 App. B, Art. 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 1-7-20 § 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 et seq. 21-01 215.473 2-3-66 diz 16:3.17[1_ App. B, Art. 11, 222.17 5-1 §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. It 253.125 7-19 163,3177 21-44 280.02 2-4(f) 163.3178 6-155 286,011 2-1 21-44 Ch. 316 18-20 1613180(12) 21-48 316,008 Ch. 18 ch. 166 6-16 316,272 19-117 Ch. 24 316.293 19-117 Ord. No. 2478 § 3 316.1955, 3161956 18-37 166.021 Ch. 1.7, 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. IV, 170.01 Ch, 24 § 36-29,1 ch. 176 2-167 337.29 29-2 Supp. No. 48 2819 NORTH PALM BEACH CODE Section Section Section this Code Section this Code 337.401 29-2,29-3 ch. 847 App. C, § 45-20 29-5(a), (e) 847.0145 19-31 29-6(a) 870.041 8-21 337.401(3) 28-3 870.44 8-22 337.403, 337.404 29-7 870.45 8-22 342.03 Ch. 5 872.05 2-104 362.01 29-2 943,10(6) 2-159 364.02 29-3 943J0(8) 2-159 ch. 373 19-200 943.14 2-159 ch. 380 21-44 943.26(13) 1-9 App. B, Art. 11, § 36-10 380.04 21-103 393 App, C, § 45-2 ch. 394 App. C, § 45-2 ch. 400 App, C, § 45-2 ch. 401 11,5-21 ch. 402 App. C, § 45-2 App. C, § 45-34.1 402.302(4), 402.302(5) 17-33 413.08 4-27(d) ch. 419 17-33 App. C, § 45-2 471.003 29-8(c)(1) ch. 472 App. B, Art. 1, § 36-6 ch. 480 App. C, § 45-2 ch. 495 1-10 011.553 6-16 553.73 6-154 11-11 553.73(2) 6-2 561.01 3-1 561.0I et seq. Ch. 3 563,01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 633.025 12-16 633.0215 12-16 ch. 650 Ch. 2, Art. V, Div. 2 2-136 650.02 2-136 658.12 2-4(q) eh. 760 App. C, § 45-2 768.28 29-12(d ' ) 775.082, 775M83 2-169(f) 2-2955 794.011 19-31 800.04 19-31 827.071 1.9-31 [The next page is 28691 Supp. No. 48 2820 CODE COMPARKPIVETABLE' Supp. No. 49 2891 Adoption Section Ord. No. Date Section this Code 8 19-221 9 29-6(a) 10 App. C, § 45-20(9), (10) 11 App. C., § 45-36 Q(5) 2007-01 1-11-07 2 Added 21-48 2007-03 2- 8-07 2 6-17 2007-10 4-12-07 1 2-52(a) 2 2-54(3) 2007-13 7-12-07 1,2 2-1 2007-16 10-25-07 2 Added App. C, § 46-16.1 2007-17 10-25-07 2 Added 2-166(1)d. 2007-19 12-13-07 2,7 18-34 3 2-173 2007-20 12-13-07 2 Rpld 9-16-9-21 3 9-16-9-19 2007-21 12-13-07 2 14-30(2) 2008-01 1-10-08 2 6-115(F) 2008-02 1-10-08 2 2-148 2008-03 1-24-08 2 10-5 Dltd 10-6-10-8 Rnbd 10-9 as 10-6 DTtd 10-10 Rnbd 10-13 as 10-7 4 Rpld 10-58-10-64 3 10-76 Rpld 10-77 2008-04 1-24-08 2 6-83 5-85 2008-06 2-28-08 2 Added 19-11 2008-07 4-10-08 2 36-23 2008-09 8-28-08 App- D 2008-15 10-23-08 2 RpId 14-37-14-52 3 Rpld 14-79-14-83 Added 14-79-14-83 2008-16 10-23-08 2 1.4-30 2008-17 11-13-08 2 2-4 2008-18 11-13-08 2-5 2-159-2-162 2009-01 1- 8-09 2 Added 14-31 2009-02 1-22-09 2,3 6-111, 6-112 4 6-114 6 6-115 2009-03 1-22-09 2 9-17(a) 2009-04 4-23-09 2 App. C,§ 45-2 3 App. C, § 45-1-9 D. 4 App. C, § 45-27 AA. Added App. C, § 45-27 F. 2009-05 5-14-09 2 Added 15-11-15-18 2009-006 6-11-09 2 4-27,4-28 4-31,4-32 2009-07 7-23-09 2 17-33 2009-09 7-23-09 2 14-79 2009-11 9-10-09 2 Added 2-251--2-256 2009-15 9-24-09 2 12-16, 12-17 Added 12-18 Supp. No. 49 2891 NORTH PALM BE, ACH CODE I'lle next page is 29331 Supp. No. 49 2892 Adoption Section Ord. No. Date Section this Code 2009-16 11-12-09 2 21-3 3 5-86 4 6- 111(E)(3), (4) 5 21-21(g) 6 App. C, § 45-35.1.Vll 7 App. C, §§ 45-49, 45-50 2010-01 1-14-10 2 2-159 3 2-161(0(10)c. 4 2-162 5 2-164(a) 6,7 2-165,2-166 8,9 2-168,2-169 2010-02 1-28-10 2 Dltd 6-112(L) Rnbd 6-112(M)—(0) as (L)—(N) 2010-03 1-28-10 2 5-1 3 llpId 5-18 4 5-25 2010-06 3-11-10 2 24-43(b) Added 24-43(d) 24-44 24-46, 24-47 3 24-58 2010-07 5-27-10 2 2-146 3 Added 2-146.1 4-14 24-147-24-157 15 Rpld 2-158 16 Rnbd, Amd 2-158.1 as 2-158 2010-08 6-24-10 1-19 App- D 2010-09 7- 8-10 2 Dltd 2-171-2-182 Added 2-171-2-183 2010-10 7-22-10 2 4-27,4-28 4-31.,4-32 2010-11 7-22-10 2 6-114 2010-38(Res,) 7-22-10 1-4 App. D 2010-21 11-18-10 2 14-80 3 15-2 4 45-2 5 4.5-36 I'lle next page is 29331 Supp. No. 49 2892