Pages Replaced by Supplement #54TABLE OF CONTENTS— ConVd.
Chapter Page
Art. II. Civil Disorders and Disturbances ............. 510
9. Country Club ............. ............................... 559
Art. I. In General .... ............................... 561
Art. II. Golf Advisory Board ......................... 562
Art. III. Finances .... ............................... 563
10.
Elections ................ ...............................
615
Art. I. In General .... ...............................
617
Art. II. Reserved .... ...............................
618
Art. III. Reserved .... ...............................
618
Art. IV. Polling Locations ...........................
618
11.
Electricity ............... ...............................
671
Art. I. In General .... ...............................
673
Art. II. Electrical Code ..............................
673
11.5.
Emergency Service ..... ...............................
695
Art. I. In General .... ...............................
697
Art. II. Emergency Medical Services .................
697
12.
Fire Prevention and Protection ..........................
723
Art. I. In General .... ...............................
725
Art. II. Florida Fire Prevention Code .................
725
Art. III. Reserved .... ...............................
726
Art. W. Recovery of Costs for Cleanup, Abatement and
Removal of Hazardous Substances ...........
726
12.5
Flood Damage Prevention ..............................
777
Art. I. In General .... ...............................
779
Art. II. Administration ..............................
783
Art. III. Provisions for Flood Hazard Reduction .......
786
13.
Reserved ................ ...............................
839
14.
Health and Sanitation ... ...............................
889
Art. I. In General .... ...............................
891
Art. II. Garbage, Trash and Refuse ..................
891
Div. 1. Generally ...............................
891
Div. 2. Garbage Collection and Disposal..........
891
Div. 3. Reserved . ...............................
893
Art. III. Reserved .... ...............................
894
Art. W. Abatement of Public Nuisances on Private Prop -
erty........................................
894
15.
Housing ................ ...............................
945
Art. I. In General .... ...............................
947
Art. II. Abandoned Real Property ....................
949
16.
Library ................. ...............................
997
Art. I. In General .... ...............................
999
Art. II. Library Board ...............................
999
17.
Licenses and Miscellaneous Business Regulations.........
1051
Art. I. In General .... ...............................
1053
Supp. No. 52 giii
NORTH PALM BEACH CODE
Chapter Page
Art.
II. Local Business Tax ..........................
1057
Art.
III. Businesses Located Outside Village Limits ...
1060.4
Art.
IV Reserved .... ...............................
1063
Art.
V. Ambulances .. ...............................
1063
Art.
VI. Garage and Other Sales .....................
1063
17.5 Reserved ............... ...............................
1121
18. Motor Vehicles and Traffic ...............................
1171
Art.
I. In General .... ...............................
1173
Art.
II. Operation of Vehicles Generally ..............
1173
Art.
III. Stopping, Standing and Parking .............
1175
19. Offenses and Miscellaneous Provisions ...................
1225
Art.
I. In General .... ...............................
1227
Art.
II. Sexual Offenders and Sexual Predators .......
1228
Art.
III. Offenses Against Property ...................
1228.1
Art.
IV. Offenses Against Public Morals ..............
1228.1
Art.
V. Offenses Against Public Peace ................
1229
Art.
VI. Noise Control ..............................
1229
Art.
VII. Reserved ... ...............................
1235
Art.
VIII. Weapons .. ...............................
1235
Art.
DC. Water Shortage Emergencies ................
1237
Art.
X. Alarms ...... ...............................
1238
Art.
XI. Wellfield Protection .........................
1242
20. Parks, Playgrounds and Recreation ...................... 1289
Art. I. In General .... ............................... 1291
Art. II. Meetings and Gatherings .................... 1292
Div. 1. Generally ............................... 1292
Div. 2. Permit ... ............................... 1292
Art. III. Recreation Advisory Board .................. 1293
21.
Planning and Development ..............................
1343
Art.
I. In General .... ...............................
1345
Art.
II. Planning Commission .......................
1347
Art.
III. Board of Adjustment ........................
1348
Art.
IV. Concurrency Management ...................
1350
Art.
V. Stormwater Management ....................
1363
Art.
VI. Archaeological Site Protection Regulations ...
1366.1
22.
Reserved ................ ...............................
1411
23.
Police ...................
...............................
1463
Art.
I. In General .... ...............................
1465
Art.
II. Reserved .... ...............................
1465
Art.
III. Reserve Force ..............................
1465
24.
Streets,
Sidewalks and Public Places .....................
1517
Art.
I. In General .... ...............................
1519
Art.
II. Excavations .. ...............................
1519
Div. 1. Generally ...............................
1519
Div. 2. Permit ... ...............................
1520
Supp. No. 52 xiv
-\ TABLE OF CONTENTS — Cont'd.
1 /
Chapter Page
Statutory Reference Table ..... ............................... 2819
Code Comparative Table -1970 Code ......................... 2869
Supp. No. 52 xv
Art. III. Sidewalks and Driveways ...................
1520
Div. 1. Generally ...............................
1520
Div. 2. Permits .. ...............................
1523
25.
Swimming Pools ......... ...............................
1573
Art. I. In General .... ...............................
1575
Art. IL Reserved .... ...............................
1575
Art. III. Reserved .... ...............................
1576
26.
Taxation ................ ...............................
1627
Art. I. In General .... ...............................
1629
Art. II. Insurance Excise Taxes ......................
1629
Art. III. Utility Tax .. ...............................
1629
Art. IV. Telecommunications Service Tax .............
1630
27.
Trees and Shrubbery ..... ...............................
1681
Art. I. In General .... ...............................
1683
Art. II. Trees in Swale Areas ........................
1683
Art. III. Landscaping ...............................
1684
Div. 1. Generally ...............................
1684
Div. 2. Reserved . ...............................
1686
Div. 3. Requirements for Certain Yard Areas, Off -
Street Parking and Other Vehicular Use
Areas .... ...............................
1686
28.
Use of Rights -of -Way for Utilities ........................
1739
29.
Telecommunications ..... ...............................
1781
Appendices
A.
Appearance Plan ......... ...............................
2043
B.
Subdivisions ............. ...............................
2353
Art. I. In General .... ...............................
2355
Art. II. Procedures for Subdivision Plat Approval .....
2358
Art. III. Design Standards ..........................
2365
Art. IV. Required Improvements .....................
2368.1
Art. V. Enforcement Provisions ......................
2372
Art. VI. Amendments ...............................
2378
Art. VII. Legal Status ...............................
2379
C.
Zoning ................... ...............................
2479
Art. I. In General .... ...............................
2480.1
Art. II. Generally .... ...............................
2484
Art. III. District Regulations ........................
2486.6
Arts. IV, V. Reserved . ...............................
2515
Art. VI. Amendments —Fees; Waiting Periods.........
2515
Art. VII. Nonconforming Uses of Land and Structures.
2516
D.
Franchises ............... ...............................
2619
Statutory Reference Table ..... ............................... 2819
Code Comparative Table -1970 Code ......................... 2869
Supp. No. 52 xv
NORTH PALM BEACH CODE
Page
Code Comparative Table —Laws of Florida .................... 2873
Code Comparative Table— Ordinances ........................ 2875
Charter Index ................ ............................... 2933
CodeIndex .................. ............................... 2935
Supp. No. 52 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- far -page
substitution basis, it has become evident that through usage and supplementation
many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to
determine whether the Code volume properly reflects the latest printing of each
page.
In the first column all page numbers are listed in sequence. The second column
reflects the latest printing of the pages as they should appear in an up -to -date
volume. The letters "OC" indicate the pages have not been reprinted in the
Supplement Service and appear as published for the original Code. When a page has
been reprinted or printed in the Supplement Service, this column reflects the
identification number or Supplement Number printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in
compiling an up -to -date copy from the original Code and subsequent Supplements.
Page No.
Supp. No.
Page No.
Sapp. No.
Title page
1
13, 14
25
iii
1
15, 16
33
V, vi
OC
16.1
33
vii, viii
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17, 18
25
ix
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53
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30
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53
139,140
34
10.7
53
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25
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52
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45
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335
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2
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[4]
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Supp. No. 53
[5]
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.
2010 -18
10 -28 -10
Include
49
2010 -21
11 -18 -10
Include
49
2011 -01
1 -27 -11
Include
50
2011 -02
2 -10 -11
Include
50
2011 -03
2 -10 -11
Include
50
2011 -04
2 -10 -11
Include
50
2011 -05
4 -14 -11
Include
51
2011 -06
4 -14 -11
Include
51
2011 -07
4 -14 -11
Omit
51
2011 -08
5 -12 -11
Omit
51
2011 -09
5 -26 -11
Include
51
2011 -10
5 -26 -11
Include
51
2011 -11
6 -23 -11
Include
51
2011 -12
6 -23 -11
Omit
51
2011 -13
7 -14 -11
Omit
51
2011 -14
7 -14 -11
Include
51
2011 -15
8 -25 -11
Omit
52
2011 -16
9 -22 -11
Omit
52
2011 -17
9 -22 -11
Omit
52
2011 -18
9 -22 -11
Include
52
2011 -19
10 -13 -11
Include
52
2011 -21
11 -10 -11
Include
52
2011 -22
12- 8 -11
Include
52
2010 -05
3 -11 -10
Include
53
2012 -01
1 -12 -12
Omit
53
2012 -02
3- 8 -12
Include
53
2012 -03
3 -22 -12
Include
53
Supp. No. 53 SH:1
ADMINISTRATION
§ 2 -4
one - twelfth (Vi2) of the designated
their capital as well as the
operating funds in the annual vil-
probable income to be de-
lage budget.
rived from the investment.
(3) Investment income. Without compromis-
The chief financial officer, or other per -
ing safety and liquidity, the highest pos-
sons performing the investment func -
sible total return should be obtained on
tions, acting in accordance with written
the village's funds. Income will include
policies and procedures, and exercising
interest/dividends received as well as any
due diligence shall be relieved of personal
realized or unrealized gains and losses of
responsibility for an individual security's
principal of the underlying security.
credit risk or market price changes, pro-
(d) Performance measurements. In order to as-
vided deviations from expectations are
sist in the evaluation of the portfolio's perfor-
reported immediately and that appropri-
mane, the village shall use nationally recognized
ate action is taken to control adverse
benchmarks for the short term and long term
developments.
portfolios. Performance calculations will not in-
clude any balances invested in overnight sweep
(2) Ethical standards. Officers and employ -
accounts,
ees involved in the investment process
shall refrain from personal business activ-
(1) Short term portfolio. A nationally recog-
ity that could conflict with the proper
nized Money Market Fund Index, such as
execution and management of the invest-
Standard and Poor's Government Invest-
ment program, or that could impair their
ment Pool Index/Government will be used
ability to make impartial decisions. Em-
as a benchmark.
ployees and investment officials shall dis-
Long term portfolio. Investment perfor-
close any material interest in financial
mane the village portfolio will be com-
institutions with which they conduct busi-
pared to the 1 -3 year United States Trea-
ness. They shall further disclose any per -
sury index or the equivalent composed of
U.S. Treasury or government securities,
could be related to the performance of the
with duration and asset mix that approx-
investment portfolio. Employees and offic-
imates the village portfolio.
ers shall refrain from undertaking per-
sonal investment transactions with the
(e) Prudence and ethical standards.
same individual with whom business is
conducted on behalf of the village.
(1) Prudence. The standard of prudence to be
used shall be the "prudent person rule,"
which states that:
Investments should be made
with judgment and care, un-
der circumstances then pre-
vailing, which persons of pru-
dence, discretion, and
intelligence exercise in the
management of their own af-
fairs, not for speculation, but
for the investment, consider-
ing the probable safety of
Supp. No. 39 134.5
(f) Authorized investments and pre- qualifica-
tion. The village may invest and reinvest, in
accordance with the objectives stated in subsec-
tion (c), in the financial instruments noted in the
table below. When considering such investments,
the village shall use the following pre- qualifica-
tion parameters for specific institutions:
(1) Banks. The village shall select a bank
from the most current top ten listed "qual-
§ 2 -4 NORTH PALM BEACH CODE
ified public depositories" with a CAEL pated cash flow requirements. Unless matched to
(capital adequacy, asset quality, earnings, a specific cash flow, the village will not directly
liquidity) score of 3 or better. invest in securities maturing more than three
Bank Eligibility years from the date of purchase.
CAEL Consolidated (h) Portfolio composition. The following are
Score Asset Value Eligibility the limits for investments and limits on security
1 -3 lop to asset U.S. Public issues, and maturities in the portfolio. The chief
rated Funds Deposi- financial officer has the option to further restrict
tory Institutions investment in selected instruments, to conform to
(2) SEC registered money /market mutual the present market conditions.
funds. Note: The table below defines two (2) types of
S &P: AAA Minimum. village investments, "operating" and "core ":
Moody's: AAA Minimum.
(3) Insurance companies. A.M. Best Rating:
Minimum aaa.
(4) Corporate interest notes.
S &P: AAA Minimum.
Moody's: AAA Minimum.
(5) Local government investment pools. All
components in each pool must satisfy the
appropriate pre - qualification parameters
noted for that institution.
(g) Maturity and liquidity requirements. The
village's investment portfolio shall be structured
to provide sufficient liquidity to pay obligations as
they come due. Furthermore, to the extent possi-
ble, an attempt will be made to match investment
maturities with known cash needs and antici-
Operating. Those liquid funds necessary to
conduct routine village activity, in addition to
an amount determined by the village council
and administration sufficient to cover emer-
gency situations and unforeseen capitalexpen-
ditures.
Core: All funds not included in operating funds.
In general, these funds can be invested in
issues with longer -term maturities.
These terms shall be defined and the amounts
will be designated at least once a year during the
village budget discussions. Changes during a year
shall only be made by resolution of the village
council. These changes will apply to the end of the
current fiscal year and must be reconfirmed or
changed as needed during the next annual budget
process.
Authorized
Investments
pe of Funds
Maturity
Range
Minimum %
Maximum %
Interest- bearing
Operating
N/A
8.33
100
checking or savings
(1/12 of annual vil-
(no more than 50%
accounts
lage operating bud -
with any one deposi-
et)
tory institution)
Core
NA
0
100
(no more than 50 %
with any one deposi-
-
tort' institution)
Supp. No. 39 134.6
ADMINISTRATION
(a) Policy considerations.
(1) Exemptions. Any investment held prior to
the adoption of this policy that does not
meet the guidelines of this policy shall be
exempted from the requirements of this
policy. At maturity or liquidation, such
monies shall be reinvested only as pro-
vided by this policy.
(2) Amendments. This policy shall be re-
viewed on an annual basis by the village
council at the "setting of council goals and
objectives" session of the annual budget.
The village council must approve any
changes.
(t) Delegation of authority. The finance direc-
tor is the chief financial officer of the village and
is responsible for investment decisions and activ-
ities. No person may engage in an investment
transaction except as provided under the terms of
this policy and the procedures established here-
under.
Nothing set forth herein shall preclude the
village from utilizing a chartered financial ana-
lyst or any other individual or agency subject to
formal oversight by the United States Securities
and Exchange Commission to invest funds on
behalf of the village in accordance with the man-
dates of paragraph (h) of this investment policy.
Authorized signatories are the chief financial
officer, the village manager and the village mayor.
These individuals are also authorized to initiate
wire transfers for the village. All investment
transactions require approval by two (2) of the
depository signatories.
(Ord. No. 31 -95, § 1, 10- 26 -96; Ord. No. 15 -2001,
§§ 1, 2, 6- 28 -01; Ord. No. 2008 -17, § 21 11- 13 -08)
Editor's note —Ord. No. 31 -95, adopted Oct.. 26,1996, has
been codified herein at the discretion of the editor as § 2 -4.
Secs. 2- 5 -2 -15. Reserved.
ARTICLE II. COUNCIL*
DIVISION 1. GENERALLY
Sec. 2.16. Compensation.
The compensation of all members elected to the
village council other than the mayor is hereby
*Charter reference — Legislative provisions generally, Art.
III.
Supp. No. 39 137
§ 2 -19
fixed at the sum of seven hundred fifty dollars
($750.00) per month. The compensation of the
mayor is hereby fixed at the sum of nine hundred
dollars ($900.00) per month.
(Code 1970, § 2 -7; Ord. No. 20 -78, § 3, 8- 10 -78;
Ord. No. 2 -88, § 1, 1- 14 -88; Ord. No. 16 -97, § 1,
3- 13 -97; Ord. No. 29 -99, § 1, 8- 26 -99; Ord. No.
2006 -17, § 1, 9 -14-06)
Charter reference — Compensation, Art. III, § 4.
Sec. 2.17. Regular meetings —When held.
The regular meetings of the village council
shall be held on the second and Fourth Thursdays
of each month.
(Code 1970, § 2 -8)
Charter reference — Meetings procedure, Art. III, § 9(a).
Sec. 2.18. Same — Presiding officer.
(a) The mayor shall preside at all meetings, if
present, and in his absence, the vice - mayor. In the
absence of both the mayor and vice - mayor, the
president pro tern shall preside.
(b) The presiding officer shall preserve order
and decorum. He shall appoint all committees
unless the council shall otherwise direct.
(c) Terms of mayor. No person may serve more
than one -year term as mayor of the village. A
person who served as mayor of the village for one
(1) term shall not serve as mayor during the
following council year, but beginning one (1) year
after termination of his one -year term as mayor of
the village, he may again serve as mayor for a
period not to exceed one (1) year.
(Code 1970, § 2 -9; Ord. No. 218 -70, § 1; Ord. No.
8 -82, § 1, 4- 22 -82)
Sec. 2 -19. Adjournment of all meetings.
All regular meetings, special meetings and
workshop meetings for the village council shall be
adjourned on or before 11:00 p.m. on the date
when the meeting convened. In the event there is
pending business on the floor at 11:00 p.m. during
one (1) of the meetings, the chair shall at that
time entertain a motion that the meeting be
reconvened at a time and date certain, but upon
failure of the council to agree upon such motion,
the meeting shall be adjourned and the business
§ 2 -19
NORTH PALM BEACH CODE
pending at the time of adjournment shall be the
first item on the agenda of the next meeting of the
village council pertaining thereto.
(Ord. No. 24 -79, § 1, 11 -8 -79)
Secs. 2.20 -2 -25. Reserved.
DIVISION 2. RULES OF PROCEDURE*
Sec. 2 -26. Order of business.
The following order shall be observed in the
transaction of business, but such order may be
varied by unanimous consent of the councilmen
present:
(1) Roll call;
"Charter reference — Authority to determine rules of
procedure, Art. III, § 9(b).
Supp. No. 39 138
Chapter 17
LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS*
Art.
I.
In General, §§ 17- 1 -17 -15
Ail.
IL
Local Business Tax, §§ 17 -16 -17 -33.1
Art.
HL
Businesses Located Outside Village Limits, §§ 17- 34 -17 -39
Art.
IV.
Reserved, §§ 17- 40 -17 -49
Art.
V.
Ambulances, §§ 17- 50 -17 -60
Art.
VI.
Garage and Other Sales, §§ 17- 61 -17 -63
"Editor's note — Ordinance No. 7 -81, § 1, adopted July 23, 1981, amended the occupational license provisions, formerly codified
in Art. II, §§ 17- 1C- 17 -28, to be set out in Art. 1, §§ 17- 16- 17- 33(a)(b) and Art. I1, §§ 17- 34-- 17- 34 -14. At the editor's discretion,
such provisions have been redesignated as Arts. II and 111, and §§ 17- 33(a), (b) and §§ 1.7- 34- A- 17 -34 -14 have been redesignated
as 17 -33.1 and 17- 34.1-17- 34.13, respectively, in order to maintain Code format. Former Arts. 111 —V of Ch. 17 have been
renumbered as Arts. IV —Vl to facilitate the inclusion of this amendment.
The deleted sections previously derived from Code 1970, §§ 20- 1 -20 -14 and 20 -21, and Ord- No. 1.1. 72, § 1..
Cross references — Enforcement of Ch. 17 by code enforcement inspector, § 2 -171 et seq.; alcoholic beverages, Ch. 3; beat
operators required to comply with license laws, § 5 -5; requirement of occupational license for different classes of contractors, § 6 -74;
sign permits, § 6 -113; bulkhead filling permits, § 7 -16 et seq.; registration ofelectricions required, § 11 -36; noise control regulations,
§ 19 -99 at seq.; regrlation of business activities with potential to contaminate land mrd water resources, § 19 -221; permits for
meetings and gatherings in public parks, § 20 -31 at seq.; permits for street excavations, § 24 -28 at seq.; permits far sidewalks and
driveways, § 245.5 et seq.; construction permits for swimming pools, § 25 -23 et seq.
Supp. No. 33 1051
j` -- LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17 -62
l
(b) Each such vehicle shall be lettered either on
the door or on the body in such a manner as to be
legible.
(Ord. No. 7 -81, § 1, 7- 23 -81)
Secs. 17.35- 17 -39. Reserved.
ARTICLE IV. RESERVED
Secs. 17- 40- 17 -49. Reserved.
ARTICLE V. AMBULANCES
Sec. 17 -50. Definition.
For the purpose of this article, the term "ambu-
lance" shall mean any vehicle designed, equipped
and used to carry or transport sick or injured per-
sons.
(Ord. No. 4 -80, § 1, 2- 14 -80)
Sec. 17 -51. Unlawful operation.
It shall be unlawful for any person to engage in
the business of operating an ambulance within
the village or from within the village to a point
outside the village without first having obtained
from the county a certificate of public convenience
and necessity to operate an ambulance service in
zone 2 of the county, except that such ambulanc-
es) may be operated within zone 2 at the request
of a representative of the holder of a certificate of
public convenience and necessity for zone 2 of the
county.
(Ord. No. 4 -80, § 1, 2- 14 -80)
Secs. 17- 52- 17 -60. Reserved.
Stipp. No. 8
1063
ARTICLE VI, GARAGE AND OTHER
SALES*
Sec. 17 -61. Garage sales.
All so- called `garage sales" or other sales involv-
ing the offering for sale of multiple items of per-
sonal property on property occupied as a resi-
dence shall be subject to the following rules and
regulations:
(1) No one shall accept or take in for sale any
goods from any commercial business or en-
terprise on a consignment basis.
(2) No signs shall be posted anywhere in the
village advertising such sales, except that
the property owner may install on the res-
idential lot on which such sale is to be held
one (1) sign not larger than two (2) feet by
three (3) feet, advertising such sale. Such
signs shall be erected not sooner than one
(1) day prior to the date of the sale, and
shall be removed at the end of the last day
upon which the sale is held.
(3) No more than two (2) such sales per annum
shall be held at the premises if occupied by
the same family or any member of such fam-
ily.
(4) Any sale conducted pursuant to the provi-
sions hereof shall be confined to the period
between 8:00 a.m. and 9:00 p.m. of any day
and shall not extend in excess of two (2)
days.
(Ord. No. 12 -80, § 1, 6- 12 -80)
Sec. 17 -62. Permit required.
Any person conducting a garage sale or other
sale involving the offering for sale of multiple items
of personal property on property occupied as a
residence shall be required to obtain a permit
therefor from the village. Applications for such
permit shall be made to the village building offi-
cial in such form as may be required.
(Ord. No. 12 -80, § 1, 6- 12 -80)
*Editor's note —Ord. No. 12 -80, § 1, adopted June 12, 1980.
amended Ch. 15 with the addition of new §§ 17- 50 -17 -52
However, since the Code already contained sections with thes[
numbers, the editor has redesignated said provisions as Y
17- 61 -17 -63 as herein set out.
§ 17 -63 NORTH PALM BEACH CODE
Sec. 17 -63. Violations.
Any person violating any of the provisions of
this article shall be deemed guilty of a misdemean-
or and upon conviction thereof, shall be fined a
sum not to exceed five hundred dollars ($500.00).
Each day during which any violation of this ordi-
nance continues or exists shall be deemed to be a
separate violation.
(Ord. No. 12 -80, § 1, 6- 12 -80) .
[The next page is 11211
Supp. No. 8 1064
-� APPENDIX C— ZONING § 45 -35.3
i
The establishment of the NBOZ district is
pliance with the standards of the NBOZ shall be
hereby declared consistent with the village com-
demonstrated by submittal of architectural draw -
prehensive plan.
ings and a site development plan or site improve-
ment plan in accordance with village regulations.
The development order shall reflect the restric-
Sec. 3 -1 Applicability. ,
tions imposed by the NBOZ.
A. Applicability. The provisions of the NBOZ
B. Use regulations. Restrictions which may be
district shall apply to all existing and future
imposed in the NBOZ district shall be limited to
development within the boundaries of the NBOZ
the following:
district as follows:
_
1. Reducing the number of land uses permit -
1. All new development.
ted by right and permitted by conditional
2. All renovations, additions, or redevelop-
use within the NBOZ;
ment to existing structures where the cost
2. Eliminating inappropriate land use within
of such is greater than fifty (50) percent of -
the NBOZ;
the assessed improvement value of the
parcel, indicated on the most recent tax
3. Limiting maximum building or impervi-
roll of Palm Beach County Property Ap-
ous coverage permitted;
praiser, or an increase of greater than
4. Management of access to abutting and
twenty (20) percent of the square footage
nearby roadways, including specific de-
of the existing structure shall conform to
sign features intended to reduce adverse
one hundred (100) percent of the NBOZ
traffic impacts; or
Regulations.
5. Any other specific site development regu-
3. When the use of an existing structure
lations required or authorized by these
ceases for one hundred eighty (180) con-
secutive days, or as otherwise determined
provisions.
to be a discontinued or abandoned use by
C. Review procedures. Unless otherwise stated
the local zoning code.
within these provisions, the review procedures for
B. Invalid approvals. Invalid development or-
development and redevelopment of applicable sites
ders or permits of projects, which have been
Within the NBOZ district shall be pursuant to the
revoked or have expired shall be subject to all
village's review procedures and approval process.
applicable provisions of the NBOZ.
D. Waivers and variances. Waivers and vari-
C. Conflict with other applicable regulations.
ances from the NBOZ regulations may be granted
by the village reviewing projects which are sub -
1. When the provisions of the NBOZ district
ject to the NBOZ regulations.
conflict with other village regulations ap-
plicable to the site the most restrictive
1. Waivers from the NBOZ regulations may
provisions shall prevail.
be granted by the village in accordance
with the applicable village procedures for
2. Provisions addressed within the village
granting waivers from its own code of
regulations that are not addressed within
ordinances.
the NBOZ district remain applicable in
the development or redevelopment of a
2. Variances may be granted by the village
site in the NBOZ.
using the same procedures, which the
village uses in granting variances from its
Sec. 3 -2 Procedure and regulations.
code.
A. Submittal procedure. Development or rede-
Article 4 Zoning Regulations
velopment within the corridor shall adhere to the
- regulations imposed by the NBOZ district. Com-
Sec. 4 -1 Development review regulations.
Supp. No. 25, Add 2510.3
§ 45 -35.3
NORTH PALM BEACH CODE
A. Conditional use and special permit use.
Conditional use and special permit use are gen-
erally compatible with the other uses permitted
in the district, but which require individual re-
view as to their location, design, configuration,
intensity and/or density of use, buildings and
structures, and may require the imposition of
conditions in order to ensure the appropriateness
of the use at a particular location. The supplemen-
tal regulations outlined in section 4 -3 of this
article are to be considered in addition to the
existing village standards, however the most re-
strictive regulations apply. These uses may be
approved, approved with conditions, or denied
after review by the appropriate reviewing agency
or board, in accord with the procedures, stan-
dards, and limitations of the applicable codes.
Special permit uses are generally temporary for a
specified fixed period of time.
B. Prohibited uses. Uses not listed in the use
chart are prohibited unless it is determined by
the village that the requested use is similar in
nature to a listed use and not contrary to the
intent of the NBOZ.
C. Existingplanned development districts. Prop-
erties within the jurisdiction of the village, which
have a PUD designation at the time of adoption of
the NBOZ, shall be permitted to have uses and
design guidelines in accordance with the develop-
ment order for that planned development district
so long as the development order is in effect. Any
amendment to the PUD will have to comply with
the design guidelines of the NBOZ.
D. Variances. A variance from the supplemen-
tary use standards established in this article
shall not be granted by the village.
E. Accessory use. An accessory use is custom-
arily associated with the principal use, incidental
to the principal use, and subordinate in area,
extent or purpose, and serves only the principal
use. Accessory uses shall be subject to the follow-
ing:
1. All accessory uses shall be located on the
same lot as the principal use.
Supp. No. 25, Add 2510.4
2. A use that is an accessory to a nonresi-
dential principal use shall not exceed thirty
(30) percent of the floor area or business
receipts of the principal use.
F. Parking and loading. All parking and load
ing standards are governed by the village.
G. Measuring distances. All required distances
between structures and/or uses within this article
shall be measured and determined irrespective of
existing municipal boundaries.
Sec. 4 -2 Land use chart.
NBOZ Districts Underly-
ing Land Use _ East Commercial
NBOZ Land Use
Retail
P
Convenience Store
CU
Convenience Store with
CU
Gasoline Sales
P
Drug Store with Drive -
CU
through
CU
Retail Sales
P
Personal Service
Dry P
Emergency Health Care P
Facility
Laundry Services - P
Personal Services P
Veterinary Clinic P
Professional Office
Broadcast Studio
P
Financial Institution
P
Laboratory, General
P
Laboratory, Medical or
P
Dental
-Type II
CU
Medical or Dental Office
P
or Clinic
- Type II
CU
Office, Business and Pro-
P
fessional
Residential
Dwelling Unit CU
Auto/Boat
Automotive Service Sta- CU
tion
Car Wash, Automatic, CU
Full or Self- service
Tire Sales and Installa P
tion
/ l
i
APPENDIX C— ZONING
NBOZ Districts Underly-
ing Land Use
East Commercial
Restaurant
Restaurant
P
Restaurant, Fast Food
CU
Nightclub, Bar or Lounge
CU
Recreation
- Commercial Recreation,
P
-- Indoor
Marina/Private Mooring
CU
Theatre, Indoor
P
Assembly
Church or Place of Wor-
CU
ship
School, Public or Private
CU
Other
Adult Entertainment
SP
Day Care, Adult and
CU
Child
Funeral Home
CU
- Hotel/Motel
P
_- Temporary Sales, Amuse-
SP
° ments, and Special
Events
-- Utility, Public and Pri-
P
vate (minor)
CU: Conditional Use
SP: Special permit
P: Permitted
Notwithstanding anything contained elsewhere
within this ordinance, the properties covered by
the NBOZ which have approved uses under the
existing underlying zoning of the village that are
considered or deemed not approved uses in the
land use chart above, shall not be non- conform-
ing.
Sec. 4 -3 Use definitions and supplemental
regulations.
1. Adult entertainment shall have the defi-
nition ascribed to it by the village in other
section or sections of the Code.
2. Automotive service station means an es-
tablishment engaged in the retail sale of
gasoline or other motor fuels, which may
include accessory activities such as the
sale of automotive accessories or supplies,
the lubrication of motor vehicles, the mi-
nor adjustment or minor repair of motor
Supp. No. 25, Add
2510.5
§ 45 -35.3
vehicles. An automotive service station
shall be subject to the following supple-
mentary use standards:
a. Bay doors shall not be oriented to-
ward residential zoning districts. If
oriented to a public right -of -way, bay
doors must be completely and per-
manently screened from the right -of-
way by a building, opaque masonry
wall or similar fixed structures.
b. All repair work shall occur within an
enclosed structure.
C. There shall be a minimum separa-
tion distance of five hundred (500)
feet from the nearest points of prop-
erty lines for a parcel developed for
use as an automobile service station
and a parcel occupied by a church,
school or hospital
d. There shall be no outdoor storage or
display of merchandise, use of out-
door speakers, nor vehicular testing
on residential streets.
e. The following accessory uses shall be
permitted at an automotive service
station:
1) Convenience store subject to the
convenience store regulations.
2) Automatic car wash subject to
the car wash regulations.
3. Broadcast studio means an establishment
engaged in the provision of commercial
broadcasting services accomplished
through the use of electronic mechanisms.
4. Car wash, automatic, full or self - service
means a building or area, which provides
facilities for washing and cleaning motor
vehicles. An automatic, full -or self - service
car wash shall comply with the following
supplementary use standards:
a. In approving a car wash, the review-
ing board shall make a finding that
the use is appropriately located, con-
sidering the following guidelines.
1) Proper functioning of the site
as related to vehicular stack-
ing, circulation, and turning
movements.
§ 45 -35.3 NORTH PALM BEACH CODE
2) Adequate buffering from resi-
7. Convenience store means an establish -
dential areas.
ment not exceeding three thousand (3,000)
3) Adequate access, ingress and
square feet of gross floor area serving a
egress.
limited marketed area and primarily en-
gaged in the retail sale of food, beverages
b. The use of outdoor speakers shall be
and other frequently or recurrently needed
prohibited.
items for household use. The following
C. Car washes /detailing shall be lo-
accessory uses shall be permitted:
cated at least one hundred (100) feet
from any residential district, use, or
a. Gasoline sales subject to the use
structure.
regulations governing automotive ser-
vice stations, however automobile re-
d. Car wash openings must be oriented
pairs, including oil change are pro -
away from residential zoning dis-
hibited where the convenience store
tricts or public rights -of -way. If ori-
is the principle use.
ented to a public right -of -way, bay
doors must be completely and per-
b. Automatic car washes subject to the
manently screened from the right -of-
use regulations governing car washes.
way by a building, opaque masonry
wall or similar fixed structures.
8. Day care, adult and child means an es-
tablishment licensed by the Florida De-
5. Church or place of worship means a pre-
partment of Children and Family Ser-
mises or structure used primarily or ex-
vices. An adult or child day care center
clusively for religious worship and related
shall comply with the following supple -
religious services on a permanent basis by
mentary use standards: )
a tax - exempt religious group, sect, or de-
nomination registered as a not - for - profit
a. A pickup and drop off area shall be
organization pursuant to Section 501(C)(3)
provided, as well as a sufficient num-
of the United States Internal Revenue
ber of parking spaces for drop off
Code, as amended. A church or place of
located outside of the main travel
worship may include retreat site camp,
way. Drop off parking stalls shall be
convent, seminary or similar facilities op-
a minimum of twelve (12) feet wide x
erated for religious activities. A church or
twenty (20) feet in length. A mini -
place of worship shall comply with the
mum four -foot (4) wide sidewalk run -
following supplementary use standards:
ning from the drop off parking spaces
a. Churches or places of worship, which
to the day -care entrance shall be
include accessory uses such a rec-
provided. The number of parking
day care center, school, acad-
1,
drop -off spaces shall be determined
emy,
living facility,
by the review board, but shall, in no
muncongregate
munity center, or similar accessory
sort'
case, be less than two (2) spaces.
facilities shall be subject to approval
b. In making an approval for an adult
as a conditional use.
or child day care center the [review
6. Commercial recreation, indoor means an
board] shall make a finding that the
establishment offering entertainment or
use is appropriately located, based
games of skill to the general public for a
on the following guidelines:
fee or charge and wholly enclosed in the
1) Proper functioning of the site
building. Typical uses include bingo par-
as related to vehicular stack -
lors, pool halls, indoor swimming pools,
ing, circulation and turning, in-
billiard parlors and video game arcades,
eluding pickup and drop off ar-
but excluding gun clubs.
eas;
Supp. No. 25, Add 2510.6
OAPPENDIX C— ZONING § 45 -35.8
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 (1'12) 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:
Supp. No. 50
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.
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
hotellmotel use shall comply with the fol-
lowing supplementary use standards:
a. The number of sleeping 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
include live entertainment. The establish -
or work is performed at the written order
ment shall not sell liquor or alcoholic
of a licensed physician or dentist.
beverages for off - premises consumption.
17. Laundry service means an establishment
The restrictions of this section shall not
that provides home type washing, drying,
apply to any bona fide restaurant as de-
dry-cleaning, or ironing machines for hire
fined and licensed under Florida Statutes
to be used by customers on the premises,
as a restaurant with full kitchen facili-
or that is engaged in providing laundry
ties. A nightclub, bar or lounge shall be
and dry - cleaning service with customer
subject to the following supplementary
drop -off and pickup.
use standards:
18. Marina /private mooring means a dock or
a. A night club, bar or lounge shall not
basin supplying secure moorings for boats.
be located within two hundred fifty
Marinas shall comply with the following
(250) feet of a residential district,
supplementary use standards.
use or structure, nor within seven
hundred fifty (750) feet of another
a. A marina shall provide at each boat
nightclub, bar or lounge use as mea-
slip an individual sewer and water
sured by the nearest points of prop -
hook-up that shall be connected to a
erty lines on any two (2) parcels of
sewage and potable water supply
land occupied or to be occupied for a
system approved by the Palm Beach
night club, bar or lounge.
County Health Department.
1) The distance to residential may
b. All docks shall extend beyond the
be reduced for those properties
shallow water depth.
adjacent to the Earman River
C. An accessory marine store shall be
upon application to the village
permitted.
as part of the conditional use
application.
19. Medical or dental office or clinic means a
2) Conditional use approval may
facility providing health care services to
be subject to additional site de-
the public by physicians, dentists, chiro-
sign requirements to reduce im-
practors, osteopaths, physical therapists,
pacts on neighboring residen-
nurses, acupuncturists, podiatrists, optom-
tial districts or uses.
etrists, psychiatrists or others who are
duly licensed to practice their respective
b. Outdoor or open areas shall be per -
medical or dental profession in the State
mitted subject to a finding be e
th e
of Florida, as well as those technicians
reviewing board that the location
and assistants who are acting under the
design of the outdoor or open area
area
supervision and control of a licensed health
shall not have a negative impact on
care practitioner. These uses shall not
neighboring residential districts, uses
include establishments where patients are
or structures.
lodged overnight and are subject to addi-
C. A nightclub, bar or lounge contained
tional regulations regarding the dispens-
within an office, hotel or motel struc-
ing of controlled substances set forth in
ture shall be considered as an acces-
section 45 -36.S of this chapter.
sory use and shall not exceed thirty
20. Nightclub, bar or lounge means an estab-
(30) percent of the gross floor area of
lishment engaged in the preparation and
the entire structure.
retail sale of alcoholic beverages for con-
21. Nursery, retail and garden supplies means
sumption on the premises, including tav-
an establishment which sells trees, shrubs,
erns, bars, cocktail lounges and similar
groundcover, sod, and other types of plants,
other uses. A nightclub, bar or lounge may
tools, lawnmowers and related power
Supp. No. 50 2510.8
APPENDIX C— ZONING § 45 -35.3
equipment, fertilizer and pesticides, gar-
den furniture, mulch and other types of
groundcover and similar items used for
landscape lawn maintenance and land-
scape purposes. Retail landscape nursery
Supp. No. 50
2510.5.1
APPENDIX C—
ZONING § 45 -35.3
and garden supplies shall comply with
ited to, barber shops, beauty salons, nail
the following supplementary use stan-
salons, and tanning salons, and art and
dards:
music schools. Such services may include
a. Aerial application of any pesticides,
the accessory retail sales of items related
fungicides, fertilizer or any other
to the services rendered.
chemical shall be prohibited.
24. Restaurant means an establishment where
b. Operation of heavy equipment shall
food and beverages are prepared, served
be prohibited.
and consumed primarily on the premises.
C. Outdoor storage and display of land-
The restaurant may include cafeteria or
scape plant materials (excluding el-
buffet style service. A restaurant shall be
ements such as mulch, pebbles, gravel
subject to the following supplementary
stone, fertilizer, wood, sculptures, fur-
use standards:
niture, etc.) is permitted, but shall
a. Outdoor dining areas under a solid
not be located in the required set-
roof shall be considered a part of the
backs. Chain link fences, with black
gross floor area ` and shall comply
or green vinyl covering, are permit-
with district setback requirements
ted for security purposes.
for structures.
d. Stored materials other than land-
b. Catering may be permitted as an
scape plant materials shall be com-
accessory use to a restaurant:
pletely screened by walls or build -
ings and shall not protrude above
25. Restaurant, fast food means an establish -
1 the height of the enclosing walls or
ment where food and beverages are pri-
buildings or be visible from a public
marily precooked, prepackaged, served in
right -of -way or adjacent residential
disposable wrapping and containers and
districts or use and shall not be
where orders are taken at a counter or
located in any of the required set-
drive-through. A fast food restaurant shall
backs.
be subject to the following supplementary
22. Office, business and professional means
use standards:
an establishment providing executive man-
a. Outdoor dining areas under a solid
agement, administrative, business or pro-
roof shall be considered a part of the
fessional services, but not involving med-
gross floor area and shall comply
ical or dental services or the sale of
with district setback requirements
merchandise except as incidental to a
for structures.
permitted use. A business or professional
office may have a convenience store not
b. A fast food restaurant with a drive-
exceeding five hundred (500) square feet
through shall be approved as a con -
or twenty -five (25) percent of the gross
ditional use. In. approving a condi-
floor area, whichever is less. All such uses
tional use for fast food restaurant,
shall be completely internal to the office
the reviewing board shall make a
and shall not have a separate entrance or
finding that the use is appropriately
any exterior signage.
located, based on the following guide-
lines:
23. Personal services means an establishment
engaged in the provision of frequently or
1) Proper functioning of the site
recurrently needed services of a personal
as related to vehicular stack-
nature, but excluding those services spe-
ing, circulation and turning
cifically classified and regulated in the
movements;
use chart as a separate use. Personal
2) Adequate buffering from resi-
services as may include, but are not lim-
dential areas; and
Supp. No. 25, Add 2510.9
§ 45 -35.3 NORTH PALM BEACH CODE - -�
3) Provision of adequate ingress,
egress and access.
26. Retail sales means the sale, incidental
repair and rental of goods on a retail basis
excluding those uses specifically classi-
fied and regulated as a separate use in the
use chart. Uses shall include the sale of
bulky goods such as household appli-
ances. Outdoor storage or display of mer-
chandise shall be prohibited.
27. School, public or private means an insti-
tution of learning which conducts regular
classes and courses of study required for
accreditation as an elementary or second-
ary school by the State Department of
Education of Florida. In approving a con-
ditional use for a school, the reviewing
board shall make a finding that the use is
appropriately located, based on the follow-
ing guidelines.
a. Proper functioning of the site as re-
lated to vehicular stacking, circula-
tion and turning movements;
b. Adequate buffering from residential
areas; and
C. Provision of adequate ingress, egress
and access.
28. Temporary sales, amusements, and spe-
cial events means an activity, which in-
cludes amusements, food, games, crafts,
performances or retail sales outside of
permanent structures. Typical uses in-
clude: carnivals, circuses, temporary auc-
tions and tent revivals. A temporary sales
and amusement use shall comply with the
following supplementary use standards.
rides or animals related to the use
shall comply with the following min-
imum setbacks:
1) Fifty (50) feet from a public
right -of -way.
2) Two hundred (200) feet from
any property line adjacent to a
residential district, use or struc-
ture; and
3) One hundred (100) feet from
any right -of -way for carnival
rides.
C. Access for a temporary sales,
amusement or special event use
shall be from an arterial or
major collector road.
29. Theater indoor means an establishment
for showing motion pictures or live perfor-
mances in an enclosed structure.
30. 71re sales and installation means an es-
tablishment engaged primarily in the sale
and installation of tires for automobiles,
trucks, sport utility vehicles and similar
vehicles and may include minor adjust-
ments and repairs. Tire sales and instal-
lation uses shall be subject to the follow-
ing supplementary use standards:
a. All activities related to tire sales and
installation shall be conducted within
an enclosed structure.
a. The temporary amusement or spe-
cial event use shall not be permitted
for a period exceeding seven (7) con-
secutive calendar days. A site shall
be issued no more than three (3)
permits per year. 31
b. All mobile homes, trailers, vehicles,
tents, mechanical devices, carnival
Supp. No. 25, Add 2510.10
b. Outside storage or display of tires or
other products or merchandise shall
be prohibited.
C. Overhead bay doors shall not be ori-
ented toward any adjacent property
in a residential district or adjacent
public street.
d. Repair activities and tire installa-
tion shall be located at least one
hundred (100) feet from any residen-
tial district, use, or structure.
e. Outdoor speakers are prohibited
Utility, public and private (minor) means
one (1) or more elements of utility distri-
bution, collection or transmission, net-
works or facilities, which provide utility
APPENDIX C— ZONING § 45 -35.3
service to a relatively limited geographi-
cal area. Typical uses include: electrical
distribution substations, sewage lift sta-
tions, manned or unmanned telephone
exchange buildings and substations. A
utility, public,, and private (minor) use
shall comply with the following supple-
mentary use standards:
a. The use shall be located within a
reasonable proximity of the area to
be served by the facility;
b. Structures, buildings and appurte-
nances shall not exceed two thou -
sand five hundred (2,500) square feet
of gross enclosed floor area.
32. Veterinary clinic means an establishment
engaged in providing medical care and
treatment for animals, and which may
provide overnight facilities. Outdoor runs
or facilities are prohibited.
Article 5 Architectural Elements
Sec. 5 -1 General provisions.
A. Intent. The provisions of this article are
established to provide the NBOZ with an overall
architectural style that is consistent with the
area and will assist in revitalization and redevel-
opment of the entire area.
B. Applicability
1. New buildings or structures constructed
within the NBOZ shall conform to one
hundred (100) percent of the overlay de-
sign guidelines.
2. All renovations, additions, or redevelop -
ment to existing structures where the cost
of such is greater than fifty (50) percent of
the assessed improvement value of the
parcel, indicated on the most recent tax
roll of Palm Beach County Property Ap-
praiser, or an increase of greater than
twenty (20) percent of the square footage
of the existing structure shall conform to
one hundred (100) percent of the NBOZ
regulations.
3. , All renovations, additions, or redevelop-
ment of existing structures where the cost
of such is less than fifty (50) percent of the
assessed improvement value of the parcel,
indicated on the most recent tax roll of
Palm Beach County Property Appraiser,
or an increase of less than twenty (20)
percent of the square footage of the exist-
ing structure shall conform with article 5:
architectural elements to the greatest ex-
tent possible.
4. Minor repairs, maintenance, or similar
improvements are exempt from the NBOZ
regulations.
C. Compatibility with setting. Buildings shall
be designed to be compatible with the surround-
ing manmade and natural environment to achieve
an overall, unified design and character for the
NBOZ. Design shall consider:
1. The massing of buildings to encourage
and allow pedestrian access between sites
and structures;
2. The avoidance of blank walls or similar
features without architectural interest;
3. The variety of protective features, such as
arcades and awnings, building overhangs,
landscaping;
4. And the size, location, and shape of win-
dows and doors.
D. Alternative architectural styles. The village
may authorize the use of an alternative architec-
tural style if determined to be consistent with the
surrounding architectural character and design
intent of the NBOZ.
E. Facade /wall height transition. New developments that are located within one hundred fifty (150)
feet of an existing building, and are more than twice the height of any existing building within one
hundred fifty (150) feet shall provide massing elements to provide an appropriate structure transition.
1. The transitional massing element can be no more than one hundred (100) percent taller than the
average height of the adjacent buildings.
Supp. No. 25, Add
2510.11
§ 45 -35.3 NORTH PALM BEACH CODE
2. Facades shall have architectural articulation at the pedestrian level and at the roofline.
Proposed Proposed
1#1� Existing Existing
5®RM
Appropriate Inappropriate _.
F. Illustrative architectural elements. Drawings found in Attachment A represent architectural
elements that are appropriate and/or inappropriate for the NBOZ as per this article. They are intended
for illustrative purposes only, to guide the property owner and village through the design intent of the
overlay and are not to regulate or suggest specific architectural design.
Sec. 5 -2 Design treatments.
A. Building design. Structures shall be required to provide three (3) of the following minimum design
treatments:
1. The main facades shall incorporate architectural elements, which create a better human scale,
such as;
a. Canopies or porticos integrated with the building's massing and style;
b. Overhangs proportional in size to the mass of the building; and
C. Arcades.
2. Pedestrian amenities such as benches, sculptures, tables with umbrellas, and trash receptacles;
3. Peaked roofs with minimum twelve (12) inch overhangs;
4. Ornamental and structural architectural details, which are integrated into the building structure
and overall design; and
5. Architectural treatment on all four (4) facades /elevations.
a. Articulation of individual storefronts or facades greater than fifty (50) feet wide;
b. Window and door openings expressed as individual units as opposed to window wall strips;
C. Uniform design; and
Supp. No. 25, Add - 2510.12
APPENDIX C— ZONING § 45 -35.3
C. Dumpsters and similar containers. Dump -
sters and similar containers, including recycling
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 designed to provide
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;
2. New and used brick; and
Supp. No. 51
3. Concrete stamped with a pattern.
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.
1. 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.
3. 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:
1. 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-
2510.57
§ 45 -35.3 NORTH PALM BEACH CODE
tion of communication equipment, such as dishes
and antennas, shall be submitted for review dur-
ing the planning phase of a project.
K. Telephones, vending machines, and newspa-
per racks. All public telephones, vending ma-
chines, newspaper racks, and facilities dispensing
merchandise or services on private property shall
be enclosed within a building, enclosed within a
structure, attached to a building, or enclosed in a
separate area.
1. Attached and freestanding structures shall
be landscaped consistent with and archi-
tecturally compatible with the principal
structure.
2. Public telephones. Wall- mounted and free-
standing public telephones visible from a
public right -of -way shall be fully or par-
tially enclosed.
3. Vending machines.
a. Vending machines dispensing bever-
ages, food, ice, and related consumer
products shall not be visible from a
public right -of -way.
b. Vending machines may be located in
outdoor enclosures, provided such en-
closures are constructed utilizing the
same architectural style, materials,
and colors as the principal structure.
(Ord. No. 05 -2003, § 1, 2- 27 -03; Ord. No. 2011 -02,
§ 3, 2- 10 -11; Ord. No. 2011 -05, § 2, 4- 14 -11)
Sec. 45 -36. General provisions.
The provisions of this article shall be subject to
the following provisions and exceptions:
A. Chimneys, water tanks, radio or televi-
sion towers, telecommunications antenna/
towers, church spires, elevator lofts, flag-
poles and parapet walls may be erected
above the height limits herein estab-
lished.
A -1. No addition to any building and no struc-
ture or object shall be erected, placed or
maintained or built to a height which
Supp. No. 51 2510.58
CODE
COMPARATIVE TABLE
Adoption
Section
Ord. No.
Date
Section
this Code
2011 -11
6 -23 -11
2
5 -84(5)
Added
5- 84(13)
2011 -14
7 -14 -11
2
Rpld
2 -116
2011 -18
9 -22 -11
2
8 -5
3
19 -183
2011 -19
10 -13 -11
2
21- 70(a)(1), (2)
3
2 -173
2011 -21
11 -10 -11
2
1 -9(b)
3
2 -40(a)
2- 41(a), (c)
Ch. 2, Art. III
Div. 5, title
2-75,2-76
Added
2- 81 -2 -83
Rnbd
Ch. 2, Art, III
Diva. 6-10
as
Ch. 2, Art. III
Dive. 7 -11
4
4 -5
4 -12(b)
5
4 -29(b)
4 -30(d)
6
4 -44(a)
7
5 -17
5 -19
5- 20 -5 -22
/
8
8- 22(a), (e)
9
9 -2(b)
10
11.5 -21
11
12 -18(a)
12
Rpld
12- 29 -12 -32
12- 39 -12 -43
12- 51 -12 -56
13
12- 102 -12 -105
14
14 -31(c)
15
18- 19(b), (b)(4)
16
19- 116(a)
19- 117(b), (b)(3)
17
19- 185(c), (c)(2)
19- 186(b)
18
19 -207
19- 209(a)
19-210(d), (e)
19 -211
19 -213
19- 215(a), (c)
19 -217
19
20 -5(2)
20 -6(1)
20
23 -42
23 -45
23 -48
2011 -22
12- 8 -11
2
2-159(a), (b)
3
2- 161(h)
Added
2- 161(i)
4
2- 170(2)
Added
2- 170(3)
Supp. No. 53
2893
NORTH PALM BEACH CODE
Adoption
Section
Ord. No. Date
Section
this Code
2012 -02 3- 8 -12
2
6-17,6-18
3
6- 57 -6 -60
4
6- 111(G), (I)
6- 117(C), (d)
5
Rpld
6 -150
6
Rpld
6- 150- -6 -156
2012 -03 3 -22 -12
2
App. C,§ 45 -2
3
Added
App. C, § 45 -27G.
4
Added
App. C, § 45 -28H.
Uhe next page is 29331
Sapp. No. 53 2894
Supp. No. 53 2937
CODEINDEX
Section
Section
B
BOATS, DOCKS AND WATERWAYS (Cont'd.)
BATHING
Permit fee .........................
5 -72
Diseased persona prohibited from bathing
Specifications ......................
5 -71
in public pools, etc .................
19 -3
Submission of plans and specifica-
tions.........................
5 -70
BICYCLES
Canals
Park regulations ........................
20 -6
Canal crossings....................
5 -60
Subdivisions, required improvements re
Compliance with provisions required
5 -56
bikeways ..........................
36 -29.1
Drainage canals ...................
5 -59
General requirements.. . ...........
5 -57
BILLBOARDS. See: SIGNS AND BILL-
Navigation canals ..................
5 -58
BOARDS
Surety bond prerequisite to issuance
BIRDS. See: ANIMALS AND FOWL
of building permit in certain
cases .........................
5 -61
BLOCKS
Docks and piers
Subdivision design standards............
36 -18
Construction in waters other than
Lake Worth and Atlantic Ocean,
BOARDS, COMMITTEES AND COMMIS-
_
regulations governing .........
5 -84
SIONS. See: DEPARTMENTS AND
Definitions ........................
idols
5 -81
OTHER AGENCIES OF VILLAGE
Generally
BOATS, DOCKS AND WATERWAYS
Lake Worth and Atlantic Ocean, reg-
Abandoned boats .......................
5 -8
ulations governing construction
Abatement of public nuisances on pri-
in ........................ • • ..
5 -85
vate property ...................
14 -79 at seq.
Minimum design requirements......
5 -83
Anchoring and mooring
Variances .........................
5 -86
Mooring limitations in lagoons (private
Erosion control structures
docks ) ..........................
5 -16
Construction ......................
5 -95
_
Unlawfully anchored or moored vessels
Control ...........................
5 -96
JClaiming
ofvessel by owner; payment
Definitions ........................
5 -93
of coats .......................
5 -23
Permitted, when...................
5 -94
Department of law enforcement to
Piers. See within this subheading: Docks
impound .....................
5 -19
and Piers
Owner to be notified upon impound-
Seawalls. See within this subheading:
ment ................. 1.......
5 -20
Bulkheads and Seawalls
Procedure in event owner cannot be
Definitions .............................
5 -1
found ........................
5 -21
Disturbing other boats ..................
5 -6
Reclamation of owner after sale.....
5 -24
Exhibition boats exempted from certain
Unclaimed vessel to be sold; certifica-
restrictions ........................
5 -4
tion of sale ...................
5 -22
Flood damage prevention provisions......
12.5 -1 of seq.
Authority of village to board boats violat-
See: FLOOD DAMAGE PREVENTION
ing chapter ........................
5 -17
Fueling of marine craft..................
5 -26
Boat launching area
Health and sanitation requirements
Abandoned boats and equipment
Cleanliness of docks ..................
5 -11
Disposition ........................
5 -36
Observance of village health and con -
Recovery ..........................
5 -37
duct rules.......................
5 -10
Designated; use restricted .............
5 -33
Pollution of waterways................
5 -13
Permits required
Refuse disposal .......................
5 -12
Boats remaining for more that 24
Live aboard boats
hours ........................
5 -35
Living aboard boats restricted.........
5 -15
Repairs prohibited ....................
5 -34
Occupancy of in village waterways.....
5 -25
Vehicleltrailer parking in designated ar-
Marine sanctuaries
ens .............................
5 -35
Designation of waters as marine sanctu.
Violation; penalty ....................
5 -38
aries
Bulkhead lines .........................
7 -1 at seq.
Area to be regulated ...............
5- 101(c)
See: BULKHEAD LINES
Areas designated ..................
5- 101(b)
Code enforcement, applicability re .......
2 -173
Construction of provision ...........
5- 101(d)
Construction requirements
Definition .........................
5- 101(a)
Bulkheads and seawalls
Mooring, docking, or beaching of boats on
Compliance with provisions required
5 -69
public or private property without
Inspection required ................
5 -73
permission ........................
5 -9
Supp. No. 53 2937
NORTH PALM BEACH CODE
Section
Section
BOATS, DOCKS AND WATERWAYS (Cont'd.)
BUILDINGS (Cont'd.)
Parking
Landscaping ............................
27 -31 at seq.
Boating equipment; parking on residen-
See: LANDSCAPING
tial property restricted...........
18 -35
Minimum construction standards
Prohibited parking upon right -of -way of
Authority ............................
6 -16
specific roadways ................
18 -34.1
Codes adopted .......................
6 -17
Running engines, hours in residential dis-
Construction board of adjustment and
tricts ..............................
5 -14
appeals .........................
6 -18
Searchlights, use of .....................
5 -7
Appointment ......................
6 -18(a)
Speed limits; wakes .....................
5 -2
Membership .......................
6 -18(b)
Subdivision provisions re waterways .....
36 -22 at seq.
Powers ............................
6 -18(f)
See: SUBDIVISIONS (Appendix B)
Appeals.. . ......................
6- 18(£)(1)
Swimming in restricted waters ..........
5 -3
Variances .......................
6- 18(f)(2)
Water skiing ............................
5 -5
Procedures ........................
6 -18(g)
Waterways board .......................
5 -102 at seq.
Quorum and voting ................
6 -18(d)
BOISTEROUS CONDUCT
Secretary to the board ..............
6 -18(e)
Terms .............................
6 -18(c)
Noisy and boisterous ....................
19 -106
Violations and penalty................
6 -19
BONDS
Missiles, throwing ......................
19 -83
Administrative code; bonds required of cer-
Noise from building .....................
19 -102
tain officers ........................
2 -42
Obstructing passageway.................
19 -47
Canal construction; surety bond prerequi-
Outdoor displays. See herein: Signs and
site to issuance of building permit...
5 -61
Outdoor Displays
Finance director, duties re ...............
2 -59(7)
Park and recreation facilities;emetingbuild-
Village manager ........................
2 -117
ings or structures..................
20 -3
Public land, construction on prohibited ...
6 -1
BRUSH. See: WEEDS AND BRUSH
Signs and outdoors displays .............
6 -110 A seq.
BUILDINGS
See: SIGNS AND BILLBOARDS
Appearance code
Smoke, dust, odors, liquids, etc...........
19 -9
Appeals and review ...................
6 -35
Spitting in public places prohibited.......
19 -5
Appearance plan .....................
6 -33
Stormwater management; level of finished
Certificate of appropriateness
floor of structures ..................
21 -63
Final hearings ............. ..
6 -57
Subdivision regulations .................
36 -1 at seq.
Follow -up by community develo p-
develop-
See: SUBDIVISIONS (Appendix B)
ment department .............
6 -60
Swimming pools........................
25 -1 at seq.
Planning commission
See: SWIMMING POOLS
Action of ........................
6 -58
Zoning regulations ......................
45 -1 at seq.
Approval by .....................
6 -59
See: ZONING (Appendix C)
Preliminary consideration ..........
6 -56
BULKHEAD LINES
Def inition ............................
6 -31
Code enforcement, applicability re .......
2 -173
Intent and purposes ..................
6 -32
Established; designated .................
7 -1
Planning commission, powers and du-
Filling operation beyond bulkhead line pro -
ties re ..........................
6 -36
hibited ............................
7 -2
Short title ...........................
6 -30
Filling permit
Appearance plan (Appendix A). See that
Application fees .........
subject
Application; issuance .................
7 -18
Code enforcement, applicability re .......
2 -173
Expiration date; renewal; revocation...
7 -20
Codes
Public hearing prerequisite to consider-
Appearance code. See herein that sub-
ation ...........................
7 -17
ject
Required .............................
7 -16
Build.
Building code ........................
6 -17
Unlawful fill; removal...................
7 -3
Electrical code .......................
11 -11, 11 -12
Fire prevention code ..................
12 -16 at seq.
BULKHEADS
Housing code .........................
15- 1,15 -2
Bulkheads and seawalls, construction re-
Country club ...........................
9 -1 et seq.
quirements re .....................
5 -69 et seq.
See: COUNTRY CLUB
See: BOATS, DOCKS AND WATER -
Electrical code ..........................
11 -11, 11 -12
WAYS
Flood damage prevention ................
12.5 -1 at seq.
See: FLOOD DAMAGE PREVENTION
BUSINESS REGULATIONS
Housing code ...........................
15- 1,15 -2
Ambulances ............................
17-50,17-51
Supp. No. 53
2938 -
CODE INDEX
Section
Section
BUSINESS REGULATIONS (Cont'd.)
BUSINESS REGULATIONS (Cont'd.)
Businesses located outside village limits
Suspension or revocation of receipt; re-
Application for certificate of regulation.
17 -34.2
fund of fee ......................
17 -30
Certificate of business regulation re-
Transfer of receipts to new location ....
17 -25
quired; basis of one year.........
17 -34
Transfer of receipts to new owner......
17 -24
Commercial vehicles, marling of ......
17 -34.13
Wellfield protection
Compliance by principal deemed compli-
Regulation of business activities with
ante by agent ...................
17 -34.8
potential to contaminate land and
Delinquency penalty ..................
17 -34.4
water resources .................
19 -221
Doing business not covered by certificate
Zoning
of regulation ....................
17.34 -7
Location of business for retail sales of
Duplicate certificates of regulation.....
17 -34.6
alcoholic beverages ..............
45- 20(2), 45-
Duration .............................
17 -34.3
36.N
False statements
C -3 Regional Business District......
45- 34.1(9)
Certificate obtained void ab initio ...
17 -34.7
Engaging in business without certifi-
cate of regulation or under cer-
C
tificate issued on ..............
17 -34.11
CABLE TELEVISION. See: TELEVISION
Fee exemptions ......................
17 -34.10
Fee schedule .........................
17 -34.12
CAMPING
Half -year certificate ..................
17 -34.3
Recreational, boating and camping equip -
Issuance of certificate .................
17 -34.3
ment; parking on residential property
Noncompliance of principal............
17 -34.8
restricted ..........................
18 -35
Nonprofit enterprise; special permit for
17 -34.5
Unauthorized lodging and camping.......
19 -11
Refund of fee .........................
17 -34.9
Registration required .................
17 -34.1
CANALS
Renewal .............................
17 -34.4
Construction requirements ..............
5 -56 at seq.
Suspension or revocation of certificate .
17 -34.9
See: BOATS, DOCKS AND WATER -
When due and payable ................
17 -34.3
WAYS
Garage and other sales ..................
17 -61 at seq.
See: GARAGE AND OTHER SALES
CATS
Home occupations .......................
17 -3(a) at seq.
Regulations enumerated.................
4-24 at seq.
See: HOME OCCUPATIONS
See: ANIMALS AND FOWL
Local business tax
Application for business tax receipt....
17 -18
CERTIFICATES
Business tax exemptions ..............
17 -31
Appearance code; certificate of appropriate -
Business tax imposed; basis of one year
17 -16
ness ..............................
6 -56 at seq.
Business tax receipt renewal; delin-
See: BUILDINGS
quency penalty ..................
17 -20
Boats, docks and waterways; unlawfully
Business tax schedule ................
17 -33
anchored or moored vessels
Compliance by principal deemed compli-
Unclaimed vessel to be sold; certification
ance by agent; noncompliance of
of sale ..........................
5 -22
principal ........................
17 -29
Businesses located outside village limits,
Declaration where fee depends on vari-
certificate of business regulations re.
17 -34 at seq.
able factors within applicant's
See: BUSINESS REGULATIONS
knowledge ......................
17 -23
Emergency medical services .............
11.5 -21
Doing business not covered by receipt;
Historic site overlay district; certificate of
receipt obtained by false state-
appropriateness ....................
45 -37(1-1)
ments void ab initio .............
17 -28
Duplicate receipts .....thou ......
17 -27
CIVIL DISORDERS AND DISTURBANCES.
Engaging in business without receipt pt or or
See: EMERGENCY MANAGEMENT
under receipt issued on false state-
CLERK
ments ..........................
17 -32
Department of records, provisions re vil-
How tax construed as to specified pro-
lage clerk and deputy village clerk..
2 -67 at seq.
f essions .........................
17 -21
See: DOCUMENTS AND PUBLIC RE-
Issuance of receipt; duration; balf -year
CORDS
receipt; when due and payable ...
17 -19
Marking of commercial vehicles .......
17 -33.1
CLUBS
Receipt to be posted or carried ........
17 -26
Country club ...........................
9 -1 at seq.
Special permit for nonprofit enterprise.
17 -22
See: COUNTRY CLUB
Supp. No. 53
2939
CODE ENFORCEMENT, ALTERNATE
METHOD OF
Codes to be enforced by citation..........
Failure to accept citation ................
Form and contents of citation............
Issuance of citations ....................
Provisions additional and supplemental ..
Right to hearing; maximum penalty..... .
CODE ENFORCEMENT
Actions for money judgments
Limitation ...........................
Alarm regulations, enforcement re .......
Applicability ............................
Conduct of hearing ......................
Declaration of legislative intent..........
Definitions .............................
Enforcement procedure ..................
Fines; liens
Appeal..............................
Copies of orders imposing fines....... .
Determination of amount of fine...... .
Duration of lien ......................
Generally ............................
Notices ..............................
Reduction of fine .....................
Provisions supplemental .................
Special magistrates
Appointment .........................
Power and authority ..................
Powers of ............................
Qualifications ........................
CODE OF ORDINANCES*
Altering Code ...........................
Amendments ...........................
Catchl ines ..............................
Court cost
Assessment of additional court costs for
criminal justice education expendi-
tures ...........................
Definitions and rules of construction .....
Designated and cited... ................
References to chapters or sections........
Repeal of ordinances, effect of............
Severability of parts ....................
Village clerk, duties re recording ordi-
nanees ............................
Village logo. ............................
Violations and penalty ..................
COIN- OPERATED AMUSEMENTS
Proximity to schools restricted...........
COMBAT AUTO THEFT (CAT)
Establishment, regulations ..............
NORTH PALM BEACH CODE
Section
2 -253
2 -255
2 -252
2 -251
2 -256
2 -254
2 -182
19 -217
2 -173
2 -176
2 -171
2 -172
2 -175
2 -150
2- 178(d)
2- 178(b)
2 -179
2- 178(a)
2 -181
2- 178(c)
2 -183
2- 174(a)
2- 174(b)
2 -177
2- 174(c)
1 -7
1 -6
1 -3
1 -9
1 -2
1 -1
1 -3
1 -4
1 -5
COMMITTEES, COMMISSIONS. See: DE-
PARTMENTS AND OTHERAGENCIES
OF VILLAGE
Telecommunications
Generally ............................
See: TELECOMMUNICATIONS
Service too:... .......................
See: TAXATION
COMMUNITY DEVELOPMENT DEPART-
MENT
Buildings
Appearance code
Certificate of appropriateness
Follow -up by community develop-
ment department...........
Director's duties ........................
Divisions
Code compliance .....................
Permits and inspections ..............
Planning .............................
COMPUTATION OF TIME
Definitions and rules of construction .....
Section
29 -1 et seq.
26 -51 et seq.
6 -60
2 -111
2- 112(2)
2- 112(1)
2- 112(3)
1 -2
CONCURRENCY MANAGEMENT
Provisions enumerated .................. 21 -41 et seq.
See: PLANNINGAND DEVELOPMENT
COUNCIL. See: VILLAGE COUNCIL
COUNTRY CLUB
Finances
Delinquent accounts; penalties ........
Golf advisory board .....................
See: GOLF ADVISORY BOARD
Premises
Diefiguration and/or removal of building
or other property ................
Enf orcement .........................
Hours...............................
Signs. ...............................
Violations and penalties ..............
COUNTY
Definitions and rules of construction .....
2 -67(3) COURTS
1 -10 Court cost
1 -8 Assessment of additional court costs for
criminal justice education expendi-
tures ...........................
19 -4
D
18 -19
*Note —The adoption, amendment, repeal, omissions, effec-
tive date, explanation of numbering system and other matters
pertaining to the use, construction and interpretation of this
Code are contained in the adopting ordinance and preface
which are to be found in the preliminary pages of this volume.
Supp. No. 53 2940
9 -32
9 -16 et seq.
9 -1(1)
9 -2
9 -1(2)
9 -2
9 -2
1 -2
1 -9
DECALS
Combat Auto Theft (CAT) ............... 18 -19
DEPARTMENTS AND OTHER AGENCIES
OF VILLAGE
Administrative code ..................... 2 -39 et seq.
See: ADMINISTRATIVE CODE
DEPARTMENTS AND OTHER AGENCIES
OF VILLAGE (Cont'd.)
Appearance board. See: APPEARANCE
PLAN (Appendix A)
Audit committee ........................
See: AUDITS
Boards and committees ..................
Code enforcement .......................
Community development department.....
See: COMMUNITY DEVELOPMENT
DEPARTMENT
Finance, department of ..................
See: FINANCES
Fire and police retirement board of trust -
ees................................
See: PENSIONS AND RETIREMENT
Fire rescue department .................
See: FIRE RESCUE DEPARTMENT
General employees retirement board .....
See: PENSIONS AND RETIREMENT
Golf advisory board.. ...................
See: GOLF ADVISORY BOARD
Law enforcement, department of (police
department ) .......................
See: LAW ENFORCEMENT, DEPART-
MENT OF (POLICE DEPART-
MENT)
Library board ..........................
Library, department of ..................
Meetings of boards and commissions; ad-
journment of ......................
Meetings of specific boards, etc. See spe-
cific subjects
Planning and development board of adjust -
ment..............................
Planning commission .....................
Public works, department of .............
See: PUBLIC WORKS DEPARTMENT
Records, department of ..................
See: DOCUMENT AND PUBLIC RE-
CORDS
Recreation department ..................
Recreation advisory board .............
See: PARKS, PLAYGROUNDS AND
RECREATION
Reserve police force .....................
See: POLICE
Village council ..........................
Waterways board .......................
DEVELOPMENTS. See: PLANNINGAND DE-
VELOPMENT
DISABLED AND HANDICAPPED PERSONS
Applicability of dog prohibitions to guide
and service dogs ...................
Parking violations re handicap spaces ....
CODE INDEX
Section
Section
4 -24 at seq.
DISTURBANCES. See: CIVIL DISORDERS
DRAINAGE
AND DISTURBANCES
Stormwater management ................
21 -61 et seq.
DOCKS. See: BOATS, DOCKS AND WATER -
2-56 at seq.
WAYS
and rights -o£- -way ..................
36 -22(b)
DOCUMENTS AND PUBLIC RECORDS
2 -1
Department of records
2 -171 at seq.
Deputy village clerk
2 -111 et seq.
Appointment ......................
2 -68
Duties............................
2 -69
Village clerk; duties
2 -59
Election records, keeping...........
2 -67(5)
Expiration of term, notice of........
2 -67(7)
Official seal, keeping ...............
2 -67(8)
2 -164 et seq.
Record ordinances .................
2 -67(3)
Village council
2 -81 et seq.
Keep records of council ..........
2 -67(2)
Public council action .............
2 -67(4)
2 -151 et seq.
Serve as clerk of council .........
2 -67(1)
9 -16 at seq.
Vital statistics, keeping ............
2 -67(6)
Village clerk and deputy village clerk. See
herein: Department of Records
2-75,2-76
16 -16 at seq.
2 -93
2 -3
21 -21
21-11,21-12
2-84,2-85
2 -67 at seq.
2 -110
20 -61 et seq.
23 -42 et seq.
2 -16 et seq.
5 -102 et seq.
4 -27(d)
18 -37
DISTRICTS
Zoning regu lations ...................... 45 -16 at seq.
See: ZONING (Appendix C)
Supp. No. 53
2941
DOGS
Regulations enumerated .................
4 -24 at seq.
See: ANIMALS AND FOWL
DRAINAGE
Stormwater management ................
21 -61 et seq.
See: STORMWATER MANAGEMENT
Subdivision design standards re easements
and rights -o£- -way ..................
36 -22(b)
Zoning; surface water management
C -3 Regional Business District ........
45- 34.1(8)
DROUGHT
Water shortage emergencies ............. 19 -200 at seq.
See: WATER SHORTAGE EMERGEN-
CIES
R
ELECTIONS
Candidacy
Candidates for office; qualifying .......
Preservation of notice of candidacy ....
Conduct of elections .....................
Earlyvoting ............................
General elections, notice of ..............
Polling locations
Designated...........................
Special elections
Notice of .............................
When held ...........................
State laws
Applicable state laws adopted .........
Voting machines may be used; state law
applicable .......................
Village clerk, duties re keeping election
records ............................
10 -5
10 -6
10 -6
10 -7
10 -3
10 -76
10 -4
10 -2
10 -1
10 -7
2 -67(5)
NORTH PALM BEACH CODE
Supp. No. 53 2942
Section
Section
ELECTIONS (Cont'd.)
F
Voting machines may be used; state law
applicable .........................
10 -7
FENCES, WALLS, HEDGES AND ENCLO-
SURES
ELECTRICAL CODE
Landscaping ............................
27 -31 et seq.
Amendments, corrections, additions ......
11 -12
See: LANDSCAPING
Code enforcement, applicability re .......
2 -173
Swimming pool requirements ............
25 -5
ELECTRONIC AUDIO EQUIPMENT
FINANCES
Noise control ...........................
19 -104
Budget procedures ......................
2 -2
Country club
EMERGENCIES
Delinquent accounts; penalties ........
9 -32
Ambulances ............................
17-50,17-51
Court cost
Emergency management ................
8 -1 at seq.
Assessment of additional court costs for
See: EMERGENCY MANAGEMENT
criminal justice education expendi-
Emergency medical services
tures ...........................
1 -9
Fees
Department of finance
Billing and collection ...............
11.5 -23
Finance director; duties
Establishment .....................
11.5 -22
Accounts of receipts and expendi-
Generally ............................
11.5 -21
tures.........................
2 -59(8)
Fire rescue department .................
2 -81 at seq.
Budget duties .....................
2 -59(2)
See: FIRE RESCUE DEPARTMENT
Cancellation of evidences of old debt
2 -59(9)
Water shortage emergencies .............
19 -200 at seq.
Collect moneys and fees due village .
2- 59(12)
See: WATER SHORTAGE EMERGEN-
Examine books ....................
2 -59(6)
CIES
Financial statements ...............
2 -59(3)
EMERGENCY MANAGEMENT
Fiscal supervision over officers......
2 -59(5)
Applicability ............................
8 -2
Keep accounts.....................
2 -59(4)
Civil disorders and disturbances
Pay village employees ..............
2- 59(11)
Declaration of a state of emergency....
8 -22
Prescribe farm .....................
2 -59(1)
Mayor designated local authority for pres-
Receive and disburse moneys.......
2- 59(10)
public peacency ......
eon
8-21
Responsibility for proceeds of bonds.
�.
2 -59(7)
of a t
Declaration of a state of emergency ......
8 -5
Investment policy of the village ..........
2 -4
Definitions
8 -1
Pensions and retirement. See also that
.............................
Emergency management structure .......
8 -3
subject
Length of service award plan For volun-
Powers, duties and responsibilities.......
8-4
teer firefighters ................
2 -170 et seq.
Termination of a state of emergency......
8 -6
Pension and certain other benefits for
EMPLOYEES. See: OFFICERS AND Ell-
fire and police employees.........
2 -159 et seq.
PLOYEES
Pension and certain other benefits for
general employees ...............
2 -146 et seq.
ENCLOSURES. See: FENCES, WALLS,
Planning and development; filing fees and
HEDGES AND ENCLOSURES
cost for changes ....................
21-1,21-2
ENGINE EXHAUST
Noise control policy .....................
19 -108
EROSION CONTROL STRUCTURES
Construction regulations ................
5 -93 et seq.
See: BOATS, DOCKS AND WATER-
WAYS
EXCAVATIONS
Bulkhead lines .........................
7 -1 at seq.
See: BULKHEAD LINES
Stormwater management ................
21 -61 et seq.
See: STORMWATER MANAGEMENT
Street excavations ......................
24 -16 at seq.
See: STREETS, SIDEWALKS AND PUB-
LIC PLACES
EXCRETA
Dog waste, removal provisions re ........
4-31,4-32
Supp. No. 53 2942
FINANCES (Cont'd.)
Social security .........................
See: SOCIAL SECURITY
Taxation. See that subject
Village manager .......................
FINES, FORFEITURES AND OTHER PEN-
ALTIES
Code enforcement; fines and liens........
Code of ordinances, provisions re general
penalty and continuing violations ...
Parking violation .......................
Pension and certain other benefits for fire
and police employees
Board of trustees for; forfeiture of mem-
bership on board for absenteeism.
Contributions; forfeitures .............
FIRE PREVENTION AND PROTECTION
Barbecue grills and similar cooking devices
Code enforcement, applicability re .......
Fire rescue department .................
See: FIRE RESCUE DEPARTMENT
Florida fire prevention code
Adopted by reference .................
Annual fire inspection and establish-
ment of fee schedule .............
Review of construction plans and fire
suppression, detection and alarm
systems and establishment of fee
schedule........................
Hazardous substances, coat recovery for
cleanup, abatement and removal of
Authority of public safety fire rescue
department .....................
Coat reimbursement to village.........
Definitions ...........................
Exceptions for fire suppression services
Late fee for failure to reimbursement..
Records ..............................
Remedies ............................
Pension and certain other benefits for fire
and police employees ...............
See: PENSIONS AND RETIREMENT
Volunteer firefighters, length of service
award plan for .....................
See: PENSIONS AND RETIREMENT
FIRE RESCUE DEPARTMENT
Composition ............................
Emergency medical services .............
See: EMERGENCIES
Fire chiefs duties .......................
Functions..............................
Disaster response ....................
Emergency medical services...........
Fire fighting .........................
Fire prevention ......................
Maintain equipment ..................
Report losses .........................
CK9IU psi 51�7
Section
FIRE RESCUE DEPARTMENT (Cont'd.)
2 -136 at seq.
Interference with police and fire rescue
department telephone trunk lines pro -
hibited ............................
2 -118
FIREARMS AND WEAPONS
Concealed weapons, carrying ............
Forfeiture; disposition ...................
2 -178
Possession ..............................
Sales restricted
1 -8
Record of sales required ..............
18-37,18-38
Specified weapons, display and sale of .
Switchblade knives prohibited.........
Stench bombs prohibited ................
See: STENCH BOMBS
2- 164(b)
FLOOD DAMAGE PREVENTION
2- 163(d)
Abrogation and greater restrictions ......
Areas of special flood hazard
Basis for establishment ...............
19 -10
Warnings regarding designations......
2-173
Building official
2 -81 et seq.
Designated as flood damage control ad-
ministrator .....................
Duties and responsibilities ............
12 -16
Definitions .............................
Development permit
12 -17
Required .............................
Findings of fact .........................
Flood hazard reduction provisions
Coastal high hazard areas ............
12 -18
General standards
Anchoring .........................
Construction materials and methods
Enclosures below lowest floor.......
12 -102
Mechanical and utility equipment...
12 -103
Subdivision proposals ..............
12 -101
Utilities ...........................
12 -105
Regulatory floodways .................
12 -106
Sand dunes and mangrove stands .....
12 -104
Specific standards
12 -107
Nonresidential construction .........
Residential construction............
2 -159 et seq.
Interpretation ..........................
Lands to which provisions applies........
Methods of reducing flood losses .........
2 -170 at seq.
Noncompliance, penalties for ............
Statement of purpose and objectives......
Statutory authorization .................
Variance procedure .....................
2-83
11.5 -21 et seq.
FLORIDA, STATE OF. See: STATE
FOLLOWING, PRECEDING
2-81
Definitions and rules of construction .....
2 -82
2 -82(6)
FOOD AND FOOD PREPARATION
2 -82(5)
Barbecue grills and similar cooking devices
2 -82(3)
FORFEITURES. See: FINES, FORFEITURES
2 -82(4)
AND OTHER PENALTIES
2 -82(2)
2 -82(1)
FOWL. See: ANIMALS AND FOWL
Supp. No. 52 2943
Section
19 -215
19 -184
19 -186
19 -183
19- 185(c)
19- 185(b)
19- 185(a)
19 -82
12.5 -8
12.5 -7
12.5 -10
12.5 -21
12.5 -23
12.5 -5
12.5 -22
12.5 -2
12.5 -44
12.5 -41(1)
12.5 -41(2)
12.5 -41(6)
12.5 -41(5)
12.5 -41(4)
12.5 -41(3)
12.5 -43
12.5 -45
12.5 -42(2)
12.5 -42(1)
12.5 -9
12.5 -6
12.5 -4
12.5 -11
12.5 -3
12.5 -1
12.5 -24
1 -2
19 -10
NORTH PALM BEACH CODE
Section
Section
FRANCHISES
HAZARDOUS SUBSTANCES
Enumerated. See Appendix D
Recovery of coats for cleanup, abatement
Use of rights -of -way for utilities..........
28 -1 at seq.
and removal .......................
12 -101 et seq.
See: UTILITIES
See: FIRE PREVENTION AND PRO-
TECTION
G
HEALTH AND SANITATION
GAMBLING
Abatement of public nuisances on private
Animals, causing to fight ................
4 -8
property ...........................
14 -79 at seq.
See: NUISANCES
GARAGE AND OTHER SALES
Animals and fowl, provisions re..........
4 -11 at seq.
Garage sales ...........................
17 -61
See: ANIMALS AND FOWL
Permit required ........................
17 -62
Bathing regulations
Violations and penalties .................
17 -63
Diseased persons prohibited from bath -
GARBAGE AND TRASH
ing in public pool, etc............
19 -3
Abatement of public nuisances on private
Boats, docks, etc., provisions re ..........
5 -10 at seq.
property ...........................
14 -79 et seq.
See: BOATS, DOCKS AND WATER -
See: NUISANCES
WAYS
Boats; refuse disposal ...................
5 -12
Code enforcement, applicability re .......
2 -173
Garbage collection and disposal
Garbage and trash ......................
14 -23 et seq.
Charges
See: GARBAGE AND TRASH
Commercial use property waste dis-
Park and recreation facilities; failure to
posal fees and collection proce-
cooperate in keeping restrooms neat
duets ........................
14 -30
or sanitary ........................
20 -2
Fee for excess amounts from commer-
Rabies control ..........................
4 -42 at seq.
cial establishments ...........
14-28
See: ANIMALS AND FOWL
Generally .........................
14 -27
HEDGES. See: FENCES, WALLS, HEDGES
When and where paid ..............
14-29
AND ENCLOSURES
Definition ............................
14 -23
Frequency of collection ................
14 -26
HITCHHIKING
Garbage cans
Prohibitions ............................
19 -6
Kept covered ......................
14 -25
HOME OCCUPATIONS
Required ..........................
14 -24
Customer service requirements and perfor-
Landscaping; refuse container areas......
27 -41
mance standards
17 -2
Public works department
...................
Definitions .............................
17 -3(b)
Refuse disposal division ...............
2 -85(2)
Effective date ...........................
17 -30)
GATHERINGS. See: ASSEMBLIES
Local business tax. See also that subject
Generally ............................
17 -16 et seq.
GENDER
Home occupation provisions
Definitions and rules of construction .....
1 -2
Affidavit of applicant required ......
17 -3(e)
GOLF ADVISORY BOARD
Appeals ...........................
17 -3(g)
Composition and terms ..................
9 -17
Requirement of business tax receipt.
17 -3(c)
Composition .........................
9 -17(a)
Permitted uses, home occupations as.....
17 -3(a)
Officers ..............................
9 -17(c)
Repeal of ordinances....................
17 -3(h)
Terms ...............................
9 -17(b)
Standards ..............................
17 -3(d)
Creation ...............................
9 -16
Violation of standards or conditions deemed
Duties .. ...............................
9 -19
a Code violation ...................
17 -3(f)
Meetings ...............................
9 -18
HORNS
GUNS. See: FIREARMS AND WEAPONS
Noise control ...........................
19 -103
HOUSING
H
Abandoned real property ................
15 -11 at seq.
HANDBILLS
See: PROPERTY
Distribution restricted ..................
19 -7
Boats, docks and waterways
Live aboard boats ....................
5-15,5-25
HANDGUNS. See: FIREARMS AND WEAP-
ONS
HOUSING CODE
Adopted by reference ....................
15 -1
HANDICAPPED PERSONS. See: DISABLED
Amendments ...........................
15 -2
AND HANDICAPPED PERSONS
Code enforcement, applicability re .......
2 -173
Supp. No. 52
2944
Supp. No. 52 2951
CODE INDEX
1 1
Section
Section
POLICE (Cont'd.)
PROPERTY (Cont'd.)
Interference with police and fire rescue
Subdivision regulations .................
36 -1 at seq.
department telephone trunk lines pro-
See: SUBDIVISIONS (Appendix B)
bibited ............................
19 -215
Unauthorized camping or lodging on public
Oaths of office
or private property .................
19 -11
Members of police department, form of
Weeds and brush .......................
14-79 at seq.
oath ............................
2 -41(c)
See: WEEDS AND BRUSH
Persons required to take oath of office .
2- 41(a)(2)
Pension and certain other benefits for fire
PUBLIC PLACES. See: STREETS, SIDE -
and police employees ...............
2 -159 at seq.
WALKS AND PUBLIC PLACES
See: PENSIONS AND RETIREMENT
Reserve force
PUBLIC RECORDS. See: DOCUMENTS AND
Application for membership...........
23 -43
PUBLIC RECORDS
Appointment to service by chief of police
23 -45
PUBLIC WORKS DEPARTMENT
Compensation ........................
23 -50
Director's duties........................
2 -84
Created; purpose .....................
23 -42
Oath required ........................
23 -47
Divisions
Powers and duties ....................
23 -48
Division of facility and fleet mainte-
Reserve list to be maintained .........
23 -44
nance ...........................
2 -85(1)
Resignation ..........................
23 -46
Refuse disposal.......................
2 -85(2)
Uniforms and insignia ................
23 -49
Street maintenance...................
2 -85(3)
POLLUTION
Smoke, dust, odors, liquids, etc...........
19 -9
R
Stormwater management provisions re pol-
RABIES CONTROL
lutant loads .......................
21 -67
Waterways, pollution of .................
5 -13
Provisions enumerated..................
4-42 at seq.
Wellfield protection
See: ANIMALS AND FOWL
Regulation of business activities with
RADIOS
potential to contaminate land and
Noise control
19 -104
\._..� water resources .................
19 -221
...........................
PRECEDING, FOLLOWING
REASONABLE TIME
Definitions and rules of construction .....
1 -2
Definitions and rules of construction .....
1 -2
PROFANITY
RECORDS. See: DOCUMENTS AND PUB-
Valgar language prohibited in public places
19 -65
LIC RECORDS
PROPERTY
RECREATION. See: PARK, PLAYGROUNDS
Abandoned real property
AND RECREATION
Additional authority ..................
15 -18
Applicability .........................
15 -13
REFUSE. See: GARBAGE AND TRASH
Definitions ...........................
15 -12
Immunity of enforcement officer.......
15 -17
RESTROOMS
Maintenance requirements............
15 -15
Parks and recreation facilities; failure to
Purpose and intent ...................
15 -11
cooperate in keeping restrooms neat
Registration of abandoned real property
15 -14
or sanitary ........................
20 -2
Security requirements ................
15 -16
Abatement of public nuisances on private
RETIREMENT. See: PENSIONS AND RE-
property ...........................
14 -79 et seq.
TIREMENT
See: NUISANCES
Appearance plan (Appendix A). See that
S
subject
Boats, docks and waterways; unlawfully
SAND DUNES
anchored or moored vessels
Flood damage prevention provisions......
12.5 -45
Unclaimed vessel to be sold; certifica-
tion of sale ......................
5 -22
SANITATION. See: HEALTH AND SANITA-
Definitions and rules of construction .....
1 -2
TION
Dogs on property of others ...............
4 -28(b)
Insurance excise taxes; property insurance
SCHOOLS
premiums .........................
26 -17
Coin - operated amusements; proximity to
Noise from property .....................
19 -102
schools restricted ..................
19 -4
Supp. No. 52 2951
Supp. No. 52 2952
NORTH PALM BEACH CODE
Section
Section
SEAWALLS
SPITTING
Bulkheads and seawalls, construction re-
Spitting in public places prohibited.......
19 -5
quirements re .....................
5 -69 at seq.
See: BOATS, DOCKS AND WATER-
SPORTS
WAYS
Golf advisory board .....................
9 -16 at seq.
See: GOLF ADVISORY BOARD
SEXUAL OFFENDERS AND SEXUAL PRED-
ATORS
STATE
Sexual offender and sexual predator resi-
Definitions and rules of construction..
1 -2
dente prohibition ..................
19 -31
STENCH BOMBS
SEXUALLY - ORIENTED ENTERTAINMENT
Excepted uses ..........................
19 -82(c)
Adult entertainment establishments
Possession prohibited ...................
19 -82(b)
Zoning regulations re. See: ZONING(Ap-
Throwing or depositing ..................
19 -82(a)
pendix C)
STORMWATER MANAGEMENT
SHALL, MAY
Adoption ...............................
21 -61
Definitions and rules of construction .....
1 -2
Applicability ............................
21 -61
Design .. ...............................
21 -61
SHRUBBERY. See: TREES AND SHRUB -
Finished floor of structures, level of ......
21 -63
BERY
Objectives of system design ..............
21 -68
Open channels and outfall ditches........
21 -66
SIDEWALKS. See: STREETS, SIDEWALKS
Post development runoff rates, volumes
AND PUBLIC PLACES
and pollutant loads ................
21 -67
Storm drainage facilities generally .......
21 -64
SIGNAL DEVICES
Stormwater retention systems ...........
21 -69
Noise control ...........................
19 -103
Streets
SIGNATURE, SUBSCRIPTION
Minimum street grades ...............
21 -62
Definitions and rules of construction .....
1 -2
Roadside swales ......................
21 -65
Subdivisions, required improvements re..
36 -31
SIGNS AND BILLBOARDS
Water quality ...........................
21 -70
Code enforcement, applicability re .......
2 -173
Zoning; surface water management
Country club; provisions re signs.........
9 -2
C -3 Regional Business District........
45- 34.1(8)
Outdoor displays. See herein: Signs and
Outdoor Displays
STREETS, SIDEWALKS AND PUBLIC
Parking in violation of signs .............
18 -36
PLACES
Parks, regulations re traffic signs ........
20 -5(3)
Code enforcement, applicability re .......
2 -173
Signs and outdoor displays
Definitions and rules of construction .....
1 -2
Construction standards ...............
6 -117
Dogs in parks and on streets and sidewalks
4 -28(a)
Design standards .....................
6 -117
Excavations
Exempt signs ........................
6 -112
Definition ............................
24 -16
Location standards ...................
6 -117
Equipment to be guarded.............
24 -18
Measurement determinations .........
6 -116
Liability of village ....................
24 -20
Permitted permanent accessory signs..
6 -115
Permits
Permitted temporary signs............
6 -114
Fees ..............................
24 -29
Prohibited signs ......................
6 -113
Required ..........................
24 -28
Provisions generally ..................
6 -111
Protective measures..................
24 -19
Purpose and scope of regulations ......
6 -110
Refilling, tamping by excavator........
24 -17
Severability ..........................
6 -118
Resurfacing by village ................
24 -17
Zoning
Handbills; distribution restricted.........
19 -7
C -3 Regional Business District ........
45- 34.1(7)
Hitchhiking prohibited ..................
19 -6
Landscaping ............................
27 -31 at seq.
SOCIAL SECURITY
See: LANDSCAPING
Agreement authorized ...................
2 -138
Missiles, throwing ......................
19 -83
Appropriations by village ................
2 -140
Motor vehicles and traffic ...............
18 -16 or seq.
Declaration of policy ....................
2 -136
See: MOTOR VEHICLES AND TRAF-
Exclusions from coverage ................
2 -137
FIC
Records and reports .....................
2 -141
Obstructing passageway.................
19 -47
Social security act adopted ..............
2 -143
Profanity; vulgar language prohibited ....
19 -65
Withholding and reporting agent.........
2 -142
Public works department
Withholding from wages .................
2 -139
Streets maintenance division..........
2 -85(3)
Supp. No. 52 2952