Code of Ordinances Supplement 35 SUPPLEMENT NO. 35
December 2007
CODE OF ORDINANCES
Village of
NORTH PALM BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 2007-17, adopted October 25, 2007.
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(following Table of Contents)
157-160 157-160.1
2485, 2486 2484.1-2485
2819, 2820 2819, 2820
2891 2891
2967 2967
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In addition to assisting existing holders of the Code, this list may be used
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Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page 1 77 OC
iii 1 79, 80 OC
v, vi OC 81, 82 25
vii, viii OC 83 25
ix OC 133 33
x.i, x.ii 1 134.1, 134.2 34
x.iii 1 135, 136 34
xi, xii 33 136.1, 136.2 24
xiii, xiv 33 137, 138 33
xv, xvi 33 138.1, 138.2 33
1 25 138.3 30
3, 4 25 139, 140 34
5, 6 25 140.1, 140.2 28
7, 8 25 141, 142 33
9, 10 29 142.1 33
10.1, 10.2 33 143, 144 31
10.3 33 144.1, 144.2 31
11, 12 25 144.3 31
13, 14 25 145, 146 32
15, 16 33 147, 148 32
16.1 33 148.1 32
17, 18 25 149, 150 29
19 25 150.1, 150.2 31
65 33 151 31
Supp. No. 35 [1]
NORTH PALM BEACH CODE
Page No. Supp. No. Page No. Supp. No.
153, 154 26 401, 402 OC
155, 156 26 403 OC
156.1, 156.2 26 453 OC
157, 158 35 455, 456 22
159, 160 35 507 22
160.1 35 509, 510 33
161, 162 25 511 22
559 17
161, 162 25 561, 562 24
163, 164 33 563, 564 24
164.1 33 615 OC
165, 166 25 617, 618 OC
167, 168 25 619, 620 29
169 25 671 2
211 OC 673 24
213, 214 19 695 13
263 OC 697 13
265, 266 OC 723 24
267, 268 27 725, 726 33
269 27 727, 728 5
319 29 729 5
321, 322 17 777 OC
323, 324 33 779, 780 OC
325, 326 32 781, 782 OC
326.1 32 783, 784 OC
327, 328 27 785, 786 OC
329, 330 27 787, 788 OC
331, 332 27 789 OC
332.1 27 839 OC
333, 334 32 889 OC
335 32 891, 892 33
381 23 892.1 33
383, 384 33 893, 894 OC
385 24 895, 896 OC
398.3, 398.4 7 945 OC
398.5, 398.6 23 947, 948 33
398.7, 398.8 23 997 OC
398.9, 398.10 23 999, 1000 22
398.11, 398.12 33 1051 33
398.13, 398.14 33 1053, 1054 31
398.14.1, 398.14.2 33 1054.1, 1054.2 31
398.15, 398.16 33 1054.3, 1054.4 31
398.17, 398.18 33 1055, 1056 33
399, 400 OC 1057, 1058 33
Supp. No. 35 [2]
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
1059, 1060 33 1463 OC
1060.1, 1060.2 33 1465, 1466 OC
1060.3, 1060.4 33 1517 OC
1060.5 33 1519, 1520 OC
1061, 1062 8 1521, 1522 27
1063, 1064 8 1523 27
1121 OC 1573 24
1171 OC 1575,1576 29
1173, 1174 28 1627 9
1175, 1176 30 1629, 1630 27
1177 30 1631 27
1225 31 1681 OC
1227, 1228 31 1683, 1684 33
1228.1 31 1684.1, 1684.2 24
1229, 1230 21 1685, 1686 OC
1231, 1232 21 1687, 1688 17
1233, 1234 33 1689, 1690 17
1235, 1236 30 1739 14
1236.1 30 1741, 1742 21
1237, 1238 16 1781 21
1239, 1240 33 1783, 1784 21
1241,1242 33 1785,1786 33
1289 3 1787,1788 33
1291, 1292 OC 1788.1 33
1293, 1294 29 1789, 1790 21
1295 29 1791, 1792 21
1343 4 1793,1794 21
1345, 1346 22 1795, 1796 21
1346.1 22 2043 OC
1347,1348 29 2045,2046 33
1349, 1350 33 2046.1 25
1351, 1352 33 2047, 2048 OC
1353, 1354 33 2049, 2050 OC
1355, 1356 33 2051, 2052 OC
1356.1 33 2053 OC
1357, 1358 OC 2353 OC
1359, 1360 33 2355, 2356 OC
1361, 1362 33 2357, 2358 33
1363, 1364 33 2359, 2360 33
1365, 1366 33 2361, 2362 33
1366.1, 1366.2 33 2363, 2364 33
1366.3, 1366.4 33 2364.1 33
1367 5 2365,2366 OC
1411 OC 2367, 2368 29
Supp. No. 35 [3]
NORTH PALM BEACH CODE
Page No. Supp. No. Page No. Supp. No.
2368.1 1 2510.23, 2510.24 25, Add.
2369, 2370 OC 2510.25, 2510.26 25, Add.
2371, 2372 OC 2510.27, 2510.28 25, Add.
2373, 2374 33 2510.29, 2510.30 25, Add.
2375, 2376 33 2510.31, 2510.32 25, Add.
2377, 2378 33 2510.33, 2510.34 25, Add.
2379 33 2510.35, 2510.36 25, Add.
2479 9 2510.37, 2510.38 25, Add.
2481, 2482 23 2510.39, 2510.40 25, Add.
2483, 2484 23 2510.41, 2510.42 25, Add.
2484.1, 2484.2 35 2510.43, 2510.44 25, Add.
2485 35 2510.45, 2510.46 25, Add.
2486.1, 2486.2 23 2510.47, 2510.48 25, Add.
2486.3, 2486.4 33 2510.49, 2510.50 25, Add.
2486.5, 2486.6 33 2510.51, 2510.52 25, Add.
2486.7 33 2510.53, 2510.54 25, Add.
2487, 2488 OC 2510.55, 2510.56 25, Add.
2488.1, 2488.2 18 2510.57, 2510.58 25, Add.
2489, 2490 18 2511, 2512 30
2491, 2492 18 2512.1, 2512.2 23
2493, 2494 18 2512.3, 2512.4 33
2495, 2496 18 2512.5, 2512.6 33
2497, 2498 32 2512.7 33
2499, 2500 32 2513, 2514 OC
2500.1 32 2515, 2516 22
2501, 2502 25 2517, 2518 22
2503,2504 28 2619 21
2504.1, 2504.2 29 2819, 2820 35
2504.3 28 2869, 2870 OC
2505, 2506 10 2871 OC
2507, 2508 13 2873 OC
2509, 2510 32 2875, 2876 OC
2510.1, 2510.2 32 2877, 2878 OC
2510.2.1 32 2879, 2880 OC
2510.3, 2510.4 25, Add. 2881, 2882 14
2510.5, 2510.6 25, Add. 2883, 2884 14
2510.7, 2510.8 25, Add. 2885, 2886 19
2510.9, 2510.10 25, Add. 2887, 2888 25, Add.
2510.11, 2510.12 25, Add. 2889, 2890 33
2510.13, 2510.14 25, Add. 2891 35
2510.15, 2510.16 25, Add. 2933, 2934 25
2510.17, 2510.18 25, Add. 2935, 2936 33
2510.19, 2510.20 25, Add. 2937, 2938 33
2510.21, 2510.22 25, Add. 2939, 2940 33
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CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No.
2941, 2942 34
2943, 2944 33
2945, 2946 33
2947, 2948 33
2949, 2950 33
2951, 2952 33
2953, 2954 33
2954.1 33
2955, 2956 31
2965, 2966 33
2967 35
Supp. No. 35 [5]
ADMINISTRATION § 2-165
(d) Forfeitures. Any forfeitures arising shall be the system. The fiscal year for the keeping of
applied to reduce future contributions to the plan. records and rendering reports shall be from Octo-
No forfeited amount shall be applied to change ber 1 through September 30.
benefit amounts for members.
(Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, (c) Board meetings. The board shall meet at
12-11-86; Ord. No. 1-92, § 5, 2-13-92; Ord. No. least quarterly each year. All board meetings
30-95, § 4, 10-12-95; Ord. No. 29-96, § 1, 7-25-96) shall be held at village hall. At any meeting of the
board, three (3) trustees shall constitute a quo-
rum. Any and all acts and decisions shall be by at
Sec. 2-164. Board of trustees-Generally. least three (3) members of the board; however, no
trustee shall take part in any action in connection
(a) Composition. The board of trustees shall with his or her own participation in the plan, and
consist of five (5) members: four (4) of whom shall no unfair discrimination shall be shown to any
be elected by a majority of the members of the individual participating in the plan.
plan. Two (2) of the elected members shall be
certified firefighters of the village, and two (2) (d) Power to bring and defend lawsuits. The
shall be certified police officers of the village. The board shall be a legal entity with, in addition to
fifth member of the board shall be a legal resident other powers and responsibilities contained herein,
of the village and shall be appointed by the village the power to bring and defend lawsuits of every
council. Each of the elected board members shall kind, nature and description. The board shall be
be appointed for a period of two (2) years, unless independent of the village to the extent required
he sooner leaves the employment of the village or to accomplish the intent, requirements, and re-
forfeits membership on the board, whereupon a sponsibilities provided for in this article and ap-
successor shall be elected by a majority of the plicable law.
members of the plan. Each of the elected board (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1,
members may succeed himself in office. The res- 9-10-87; Ord. No. 1-92, § 6, 2-13-92; Ord. No.
ident member shall be a trustee for a term of two 22-98, § 1, 9-24-98; Ord. No. 06-2002, § 3, 2-28-02;
(2) years unless he forfeits membership on the Ord. No. 2006-04, § 1, 3-23-06; Ord. No. 2006-07,
board and he may succeed himself in office. The § 2, 3, 5-25-06)
resident member shall be appointed by the village
council for a term commencing October 1, 1998, Sec. 2-165. Prior service.
and expiringApri130, 1999. The resident member
shall be appointed by the village council fora Unless otherwise prohibited by law, the years
two-year term commencing May 1, 1999, and on or fractional parts of years that a member previ-
the first day of May of each second year thereaf- ously served as a firefighter, police officer or
ter. The resident member shall hold office at the public safety officer with the village during a
pleasure of the village council. The fifth member period of employment and for which accumulated
shall have the same rights as each of the other contributions were withdrawn from the fund, or
four (4) members appointed or elected as herein the years and fractional parts of years that a
provided. The trustees shall by majority vote elect member served as a firefighter, police officer or
from its members a chairman and a secretary. public safety officer for this or any other munici-
The secretary of the board shall keep a complete pal, county or state fire, police or public safety
minute book of the actions, proceedings, or hear- department, or any time served in the military
ings of the board. The trustees shall not receive service of the armed forces of the United States,
any compensation as such, but may receive ex- shall be added to the years of credited service
provided that:
penses and per diem as provided by law.
(1) The member contributes to the fund the
(b) Report and records. The secretary of the sum that would have been contributed,
board shall keep, or cause to be kept in convenient based on the member's salary and the
form, such data as shall be necessary for an employee contribution rate in effect at the
actuarial valuation of the assets and liabilities of time that the credited service is re-
Supp. No. 35 157
§ 2-165 NORTH PALM BEACH CODE
quested, had the member been a member Sec. 2-166. Same-Power and authority.
of this system for the years or fractional
parts of years for which the credit is The board shall be the administrator of the
requested plus amount actuarially deter- system and, as such, it shall be solely responsible
mined such that the crediting of service for administering the pension fund. The board
does not result in any cost to the fund plus shall have the power and authority:
payment of costs for all professional ser- (1) To invest and reinvest the assets of the
vices rendered to the board in connection pension fund in:
with the purchase of years of credited
service. a. Time or savings accounts of a na-
(2) Payment by the member of the required tional bank, a state bank insured by
amount maybe made within six (6) months the Federal Deposit Insurance Cor-
poration, or a savings, building and
of the request for credit and in one lump loan association insured by the Fed-
sum payment, or the member can buy eral Deposit Insurance Corporation.
back this time over a period equal to the
length of time being purchased or five b. Obligations of the United States or
years, whichever is greater, at an interest obligations guaranteed as to princi-
rate which is equal to the fund's actuarial pal and interest by the Government
assumption. A member may request to of the United States.
purchase some or all years of service. No c. Bonds, stocks, or any other evi-
credit shall be given for any service until dences of indebtedness issued orguar-
all years of service which are to be repur- anteed by a corporation organized
chased, have been repurchased. under the laws of the United States,
(3) The credit purchased under this section any state or organized territory of
shall count for all purposes, except vest- the United States, or the District of
ing. Columbia, provided:
(4) In no event, however, may credited ser- 1. The corporation is listed on any
vice be purchased pursuant to this section one (1) or more of the recog-
for prior service with any other munici- nized national stock exchanges
pal, county or state fire, police or public and holds a rating in one of the
safety department, if such prior service three (3) highest classifications
forms or will form the basis of a retire- by a major rating service; and
ment benefit or pension from another 2. The board shall not invest more
retirement system or plan. than five (5) percent of its as-
(5) If a member who has either completed the sets in the common stock, cap-
purchase of service or is in the process of ital stock, bonds or indebted-
purchasing service terminates service for ness of any one (1) issuing
any reason, including death or disability, company, nor shall the aggre-
before vesting, the member's contribu- gate investment in any one (1)
tions will be refunded, including the issuing company exceed five (5)
buyback contributions. percent of the outstanding cap-
(6) A request to purchase service may be ital stock of that company, nor
made at any time during the course of shall the aggregate of its invest-
employment. However, the buyback is a menu in equities at cost exceed
one time opportunity. sixty (60) percent of the pen-
(Ord. No. 2-2003, § 1, 1-23-03) Sion fund's assets.
Editor's note-Prior to amendment section 7 of Ord. No.
1-92, adopted Feb. 13, 1992, repealed former § 2-165, relative d. Notwithstanding any provision of this
to additional rules and regulations, which derived from Ord. section to the contrary, the board is
No. 9-82, § 7, adopted June 10, 1982. specifically authorized to invest in
Supp. No. 35 158
ADMINISTRATION § 2-168
foreign securities to the extent au- Sec. 2-167. Tax on insurers.
thorized by F.S. 175.071(1) and
185.06(1)(b). (a) There is hereby levied and imposed an
excise tax upon every insurance company, corpo-
(2) To issue drafts upon the pension fund ration or other insurer insuring loss against fire,
pursuant to this article and rules and tornado or windstorm or engaged in the business
regulations prescribed by the board. All of casualty insurance. Such excise tax shall be in
such drafts shall be consecutively num-
bered, be signed by the chairman and an amount equal to the rate specified in Chapter
secretary or their designee, and state upon 175, Florida Statutes, multiplied by the gross
their faces the purpose for which the receipts of premiums from holders of insurance
drafts are drawn. The village finance di- policies of fire and windstorm insurance, and the
rector or other depository of the village rate specified in Chapter 185, Florida Statutes,
shall retain such drafts when paid, as multiplied by the gross receipts of premiums from
permanent vouchers for disbursements holders of insurance policies of casualty insur-
made, and no money shall be otherwise ante. All such policies shall be upon property
drawn from the pension fund. within the corporate limits of the village. Such
(3) To finally decide all claims to relief under excise tax shall be in addition to any and all excise
this article and under the board's rules taxes or license now levied or required by the
and regulations. village.
(4) To convert into cash any securities of the (b) The proceeds of monies received under this
pension fund. excise tax shall be received annually from the
(5) To keep a complete record of all receipts State of Florida by the village and shall be depos-
and disbursements and of the board's acts ited to the pension fund no more than five (5) days
and proceedings. after receipt.
(6) To recommend an increase or decrease in (Ord. No. 1-92, 9, 10, 2-13-92)
the benefits payable hereunder, through Editor's note-Section 9 of Ord. No. 1-92, adopted Feb.
the adaption of an amendment to this 13, 1992, repealed former § 2-167, and § l0 of the ordinance
enacted a new § 2-167 in lieu thereof. The repealed provisions
article, but provided such action is based pertained to oaths of office, meetings and quorums of the
on an actuarial review by an enrolled board, and derived from Ord. No. 9-82, § 9, adopted June l0,
actuary who is a member of the Society of 1982.
Actuaries.
(7) To retain, at least once every three (3) Sec. 2-168. Repeal or termination of plan.
years, an independent consultant profes- (a) This plan and subsequent amendments per-
sionally qualified to evaluate the perfor- taining to said plan, maybe modified, terminated,
mance of professional money managers. or amended, in whole or in part by the employer;
The independent consultant shall make provided that if this plan shall be amended or
recommendations to the board regarding repealed in its application to any person benefit-
the selection of money managers for the ing hereunder, the amount of benefits which at
next investment term. These recommen- the time of any such alteration, amendment, or
dations shall be considered by the board repeal shall have accrued to the member or ben-
at its next regularly scheduled meeting. eficiary shall not be affected thereby, except to the
The date, time, place and subject of this extent that the assets of the fund may be deter-
meeting shall be advertised in a newspa- mined to be inadequate.
per of general circulation in the munici-
pality at least ten (10) days prior to the (b) If this plan shall be repealed, or if contri-
date of the hearing. butions to the plan are discontinued, the board
(Ord. No. 9-82, § 8, 6-10-82; Ord. No. 12-85, 1, shall continue to administer the plan in accor-
2, 7-11-85; Ord. No. 1-92, § 8, 2-13-92; Ord. No. dance with the provisions of this plan, for the sole
08-2001, § 2, 4-12-01; Ord. No. 2007-17, § 2, benefit of the then members, beneficiaries then
10-25-07) receiving retirement allowances, and any persons
Supp. No. 35 159
§ 2-168 NORTH PALM BEACH CODE
who would in the future be entitled to receive the plan, such excess shall be divided proportion-
benefits under one (1) of the options provided for ately to the total contributions made by the vil-
in this plan who are designated by any of said lage and the state.
members. In the event of repeal, or if contribu-
tions to the plan are discontinued, there shall be (e) The allocation of the fund provided for in
full vesting one hundred (100) percent of benefits this subsection may, as decided by the board, be
accrued to date of repeal and the assets of the carried out through the purchase of insurance
plan shall be allocated in an equitable manner to company contracts to provide the benefits deter-
provide benefits on a proportionate basis to the mined in accordance with this subsection. The
persons so entitled to benefits in accordance with fund may be distributed in one (1) sum to the
the provisions hereof. persons entitled to such benefits or the distribu-
tion may be carried out in such other equitable
(c) The following shall be the order of priority manner as the board may direct. The trust maybe
for purposes of allocating the assets of the plan continued in existence for purposes of subsequent
upon repeal of this plan or if contributions to the distributions.
plan are discontinued: (Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-82, § 2,
(1) Members already retired under the retire- 11-18-82; Ord. No. 1-92, § 11, 2-13-92)
ment provisions of the plan and those
eligible for normal or early retirement but Sec. 2-169. Miscellaneous.
not actually retired, and their beneficia- (a) Discharged members. Members entitled to
ries, in proportion to and to the extent of a pension shall not forfeit the same upon dis-
the then actuarially determined present missal from the employer, but shall be retired as
value of the benefits payable. If any funds herein described.
remain, then
(2) Members who have at least ten (10) years (b) Non-assignability. No benefit provided for
herein shall be pledgable, assignable or subject to
of credited service, in proportion to and to garnishment for debt or for other legal process.
the extent of the then actuarially deter-
mined present value of their accrued ben- (c) Pension validity. The board of trustees shall
efits. If any funds remain, then have the power to examine into the facts upon
(3) The accumulated contributions of the ac- which any pension shall heretofore have been
tive members less any benefits received, granted under any prior or existing law, or shall
and less amounts apportioned in (2) and hereafter be granted or obtained erroneously,
(3) above, in proportion to and to the fraudulently, or illegally for any reason. The board
extent of the then amount of such accu- is empowered to purge the pension roll of any
mulated contributions. If any funds re- person theretofore granted a pension under prior
main, then or existing law or hereafter granted under this
plan if the same is found to be erroneous, fraud-
(4) All other members whose present value of ulent or illegal for any reason; and to reclassify
accrued benefits have not been covered in any pensioner who has heretofore under any prior
a previous category in the same manner or existing law or who shall hereafter under this
as in (2). plan be erroneously, improperly or illegally clas-
sified.
(d) After all the vested and accrued benefits
provided hereunder have been paid and after all (d) Incompetents. If any member or beneficiary
other liabilities have been satisfied, then and only is a minor or is, in the judgment of the board,
then shall any remaining funds revert to the otherwise incapable of personally receiving and
general fund of the village, less return of state's giving a valid receipt for any payment due him
contributions to the state, provided that, if the under the plan, the board may, unless and until
excess is less than the total contributions made by claims shall have been made by a duly appointed
the village and the state to date of termination of guardian or committee of such person, make such
Supp. No. 35 160
ADMINISTRATION § 2-169
payment or any part thereof to such person's
spouse, children, trust or other person deemed by
the board to have incurred expenses or assumed
responsibility for the expenses of such person.
Any payment so made shall be a complete dis-
charge of any liability under the plan for such
payment.
(e) Number and gender. When appropriate the
singular in this plan shall include the plural and
vice versa, and the masculine shall include the
feminine and vice versa.
(f7 False or misleading statements made to
obtain retirement benefits prohibited.
(1) It is unlawful for a person to willfully and
knowingly make, or cause to be made, or
to assist, conspire with, or urge another to
make, or cause to be made, any false,
fraudulent, or misleading oral or written
statement or withhold or conceal material
information to obtain any benefit under
this plan.
(2) a. Aperson who violates subsection (f7(1)
of this section commits a misde-
Supp. No. 35 160.1
APPENDIX C ZONING § 45-16.1
(2) That where this ordinance imposes a greater R-1 Single-family dwelling district
restriction upon the use of buildings or premises, R-2 Multiple-family dwelling district
or upon the height of buildings, or requires larger R-3 Apartment dwelling district
open spaces than are imposed or required by C-A Commercial district
other ordinances, rules, regulations or by ease- C-lA Limited commercial district
menu, covenants, or agreements, the provisions CB Commercial district
of this ordinance shall control. C-1 Neighborhood commercial district
C-2 Automotive commercial district
Sec. 45-5. Changes and amendments. C-3 Regional business district
The village council may, from time to time, on P Public district
its own motion or on petition, amend, supple- C-OS Conservation and open space
ment, change, modify or repeal by ordinance the CC Transitional commercial district
boundaries or districts or regulations or restric- In the creation of this ordinance of the respec-
tions herein established, after public hearing. tive districts, the village council has given due
and careful consideration to the peculiar suitabil-
Sec. 45-6. Penalty for violation of provi- ity of each district for the particular uses and
lions. regulations applied thereto and to the densities of
Any person who shall violate any of the provi- population, all in accordance with the comprehen-
sions of this ordinance or fail to comply therewith live development plan of the village.
or with any of the requirements thereof, or who (OTd. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1,
shall build or alter any building in violation of any 9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No.
detailed statement or plan submitted and ap- 1-95, § 1, 3-23-95; Ord. No. 33-97, § 1, 7-10-97)
proved thereunder, upon conviction thereof shall
be punished as provided in section 1-8 [of the Sec. 45-16.1. Similar uses.
village Code], and each day such violation shall be
permitted to exist shall constitute a separate (a) A use within a commercial zoning district
offense. The owner or owners of any buildings or not specifically listed as a permitted use, but
premises or part thereof, where anything in vio- possessing characteristics similar to a permitted
lation of this ordinance shall be placed, or shall use, may be established upon written application
exist, and any architect, builder, contractor, agent, to the community development director for a
person or corporation employed in connection special use permit.
therewith shall each be guilty of a separate of- (b) In evaluating an application for a special
fense and upon conviction thereof shall be pun- use permit for the establishment of a similar use,
fished as provided in section 1-8. the community development director shall, in
consultation with other village departments, con-
Secs. 45-7-45-15. Reserved. Sider the characteristics of the proposed use,
including, but not limited to, size, intensity, den-
sity, operating hours, demands for public facili-
ARTICLE II. GENERALLY ties, traffic impacts and business practices.
Sec. 45-16. Division of village into districts; (c) Upon review and evaluation of the applica-
districts enumerated. tion, the community development director shall
present his or her recommendation to the village
In order to classify, regulate and restrict the council for final consideration on the next avail-
uses of land and buildings, the height and bulk of able council agenda.
buildings, the amount of open spaces about build-
ings, intensity of land use, the Village of North (d) The village council shall conduct a public
Palm Beach, Florida is divided into twelve (12) hearing on the application for special use permit
zoning districts, as follows: and determine whether the application meets the
Supp. No. 35 2484.1
§ 45-16.1 NORTH PALM BEACH CODE
criteria set forth in subsection (b) above. The trict boundaries or other matter por-
village council shall grant or deny the application trayed on the official zoning map, such
by written order. changes shall be entered on a new official
(e) In granting a special use permit, the village zoning map promptly after the amend-
council may impose conditions necessary to en- ment has been approved by the Village
sure that the proposed use: Council. The new official zoning map shall
be adopted in accordance with provisions
(1) Is compatible with the existing or planned set forth in Section 45-17(5).
character of the neighborhood in which it
would be located; (b) No changes of any nature shall be made in
(2) Will not have an adverse impact upon the official zoning map or matter shown
adjacent properties; and thereon except in conformity with the
procedures set forth in subsection (3)(a).
(3) Will not interfere with the use of adjacent Any unauthorized change of whatever kind
properties. or any failure to make a change when
Such conditions may include restrictions on the directed by ordinance by any person or
size and operating hours of the proposed use. persons shall be considered a violation of
this ordinance and punishable as pro-
f) If the conditions imposed by the special use vided under section 45-6 of this ordi-
permit are not met, the community development nance.
director may revoke the permit. A permit holder
may appeal the revocation of a special use permit (4) Location; final authority. Regardless of the
by filing an appeal, in writing, to the Zoning existence of purported copies of the official zoning
Board of Adjustment within thirty (30) days of map which may, from time to time, be made or
receipt of written notice of revocation. published, the official zoning map which shall be
(Ord. No. 2007-16, § 2, 10-25-07) located in the office of the village clerk shall be
the final authority as to the current zoning status
Sec. 45-17. Official zoning map. of land and water areas, buildings, and other
(1) Adopted by reference. The aforesaid dis- structures in the village.
tricts and the boundaries thereof are as shown
upon the "official zoning map" which, together (5) Damaged; destroyed, etc. In the event that
with all explanatory matter thereon, is hereby the official zoning map becomes damaged, de-
adopted by reference and declared to be part of stroyed, lost or difficult to interpret because of the
this ordinance as if the information set forth on nature or number of changes and additions, the
the map was all fully described and set out village council may, by resolution, adopt a new
herein. official zoning map which shall supersede the
prior official zoning map. The new official zoning
(2) Identification. The official zoning map shall map may correct drafting or other errors or omis-
be identified by the signature of the mayor at- sions in the prior official zoning map, but no such
tested by the village clerk, and bearing the seal of corrections shall have the effect of amending the
the village under the following words: "This is to original official zoning map or any subsequent
certify that this is the official zoning map referred amendment thereto. The new official zoning map
to in section 3 of Ordinance No. 20 of the Village shall be identified by the signature of the mayor
of North Palm Beach, Florida, as amended," to- attested by the village clerk and bearing the seal
gether with the date of the adoption of this of the village under the following words: "This is
ordinance. to certify that this official zoning map supersedes
(3) Changes. and replaces the official zoning map adopted (date
of adoption of map being replaced) as part of
(a) If, in accordance with the provisions of Ordinance No. 20 of the Village of North Palm
this ordinance changes are made in dis- Beach, Florida."
Supp. No. 35 2484.2
APPENDIX C ZONING § 45-19
Unless the prior official zoning map has been shall not be encroached upon or be con-
lost, or has been totally destroyed, the prior map sidered as open spaces for any other build-
or any significant parts thereof remaining shall ing.
be preserved, together with all available records D. There shall not be more than one (1) main
pertaining to its adoption or amendment. Each building and its customary accessory build-
replacement official zoning map shall be num- ing on a lot as defined by this ordinance.
bered in consecutive order as adopted.
(Ord. No. 208-70, 3-12-70; Ord. No. 26-95, § 1,
8-24-95)
Sec. 45-18. Boundary conflict interpreta-
tions.
Where uncertainty exists as to the boundaries
of any district shown upon the zoning map, the
following rules shall apply:
(1) Where district boundaries are indicated
as following street, alley or lot lines, said
lines shall be construed to be such bound-
aries.
(2) Where any public street or alley is here-
after officially vacated or abandoned, the
regulations applicable to each parcel of
abutting land shall apply to the portion of
such street or alley added thereto by vir-
tue of said vacation or abandonment.
(3) Incase any further uncertainty exists, the
village council shall interpret the intent
of the map as to the location of such
boundaries.
Sec. 45-19. Buildings and uses to conform to
district regulations.
Except as hereinafter provided:
A. No building shall be erected, reconstructed
or structurally altered, nor shall any build-
ing or land be used which does not comply
with the regulations for the district in
which such building or land is located.
B. No building shall be erected, reconstructed
or structurally altered to exceed the height
or bulk limits herein established for the
district in which such building is located.
C. The minimum open spaces around a main
building as provided for in this ordinance
Supp. No. 35 2485
STATUTORY REFERENCE TABLE
This table shows the location within this Code, either in the text or notes
following the text of references to the state law or related matters.
Section Section
Section this Code Section this Code
1.01 27-31 175.101 26-17
1.01 et seq. 1-2 ch. 177 App. B, Art. I,
ch. 22F App. B, Art. II, § 36-2
§ 36-10 App. B, Art. II,
ch. 39 App. C, § 45-2 § 36-8
Ch. 50 2-181 App. B, Art. II,
50.041 2-181 § 36-15
50.051 2-181 App. B, Art. N,
55.03 29-5(a) § 36-27
ch. 98 Ch. 10 ch. 185 2-167
ch. 101 10-7 185.06(1)(b) 2-166
101.657 10-13 185.08 26-16
112.181 2-161(e)(9) 202.195 29-8(m)
161.55(1)(d) 6-156 203.012 26-51, 29-3
161.041 6-153 29-5(b)
161.053 6-154 203.012(5)(b) 26-51
162.12(2) 2-180 ch. 205 Ch. 17, Art. II
ch. 163 12.5-1 205.043(2),
21-1 205.043(3) 17-24, 17-25
21-11 205.053 17-20
21-43, 21-44 205.192 17-22
App. B, Art. I, 210.03 17-33
§ 36-2, App. B, Art. ch. 212 26-53
I, § 36-4 ch. 252 Ch. 8
App. B, Art. II, 8-4(a)(2)
§ 36-16 252.38 et seq. 8-6
App. B, Art. VI 253.125 7-19
163.01 2-4(f~ 280.02 2-4(f~
163.161 et seq. 21-01 286.011 2-1
ch. 163.170, App. B, Art. II, Ch. 316 18-20
§163.3164(17) § 36-10 316.008 Ch. 18
163.225(3)(a) (c) 5-86 316.272 19-117
163.295 6-150 316.293 19-117
163.3161 et seq. Ch. 21, Art. II 316.1955, 316.1956 18-37
163.3177 21-44 320.01(1) 14-37
163.3178 6-155 ch. 327 Ch.5
21-44 327.02 5-33
163.3180(12) 21-48 335.065 App. B, Art. N,
ch. 166 6-16 § 36-29.1
Ch. 24 337.29 29-2
Ord. No. 2478 § 3 337.401 29-2, 29-3
166.021 Ch. 17, Art. II 29-5(a), (e)
166.221 17-34 29-6(a)
166.231 Ch. 26, Art. III 337.401(3) 28-3
ch. 170 21-2 337.403, 337.404 29-7
170.01 Ch. 24 342.03 Ch.5
ch. 175 2-167 362.01 29-2
175.071(1) 2-166 364.02 29-3
Supp. No. 35 2819
NORTH PALM BEACH CODE
Section
Section this Code
ch. 373 19-200
ch. 380 21-44
App. B, Art. II,
§ 36-10
380.04 21-103
393 App. C, § 45-2
ch. 394 App. C, § 45-2
ch. 400 App. C, § 45-2
ch. 401 11.5-21
ch. 402 App. C, § 45-2
App. C, § 45-34.1
402.302(4),
402.302(5) 17-33
413.08 4-27(d)
ch. 419 17-33
App. C, § 45-2
471.003 29-8(c)(1)
ch. 472 App. B, Art. I,
§ 36-6
ch. 480 App. C, § 45-2
ch. 495 1-10
ch. 553 6-16
553.73 6-154
11-11
553.73(2) 6-2
561.01 3-1
561.01 et seq. Ch. 3
563.01 3-1
564.01 3-1
565.01 3-1
628.901 29-12(d)
633.35 2-159
633.025 12-16
633.0215 12-16
ch. 650 Ch. 2, Art. V, Div. 2
2-136
650.02 2-136
658.12 2-4(q)
ch. 760 App. C, § 45-2
768.28 29-12(d)
775.082, 775.083 2-169(f~
794.011 19-31
800.04 19-31
827.071 19-31
ch. 847 App. C, § 45-20
847.0145 19-31
870.041 8-21
870.44 8-22
870.45 8-22
872.05 2-104
943.14 2-159
943.25(13) 1-9
[The next page is 2869]
Supp. No. 35 2820
CODE COMPARATIVE TABLE
Adoption Section
Ord. No. Date Section this Code
8 19-221
9 29-5(a)
10 App. C, § 45-20(9),
(10)
11 App. C, § 45-36 Q(5)
2007-01 1-11-07 2 Added 21-48
2007-03 2- 8-07 2 6-17
2007-10 4-12-07 1 2-52(a)
2 2-54(3)
2007-13 7-12-07 1, 2 2-1
2007-16 10-25-07 2 Added App. C, § 45-16.1
2007-17 10-25-07 2 Added 2-166(1)d.
[The next page is 2933]
Supp. No. 35 2891
CODE INDEX
Section Section
ZONING (Appendix C) (Confd.) ZONING (Appendix C) (Confd.)
Zoning regulations Village council
Development review regulations 4-1 Action of 45-35.1(V)
Land use chart 4-2 Effect of approval of................ 45-35.1(VI)
Use defmitions and supplemental reg- Public district
ulations 4-3 Restricted uses....................... 45-35
Northlake Boulevard overlay zoning dis- R-1 Single-Family Dwelling District
trict (NBOZ) 45-35.3 Annexed land in...................... 45-20
Oceanfront land Height 45-27(B)
Ocean setback 45-22 Off-street parking.................... 45-27(E)
Official zoning map Permitted uses 45-27(A)
Adopted by reference 45-17(1) Site area............................. 45-27(C)
Boundary conflict interpretations 45-18 Yards and open spaces 45-27(D)
Buildings and uses to conform to district R-2 Multiple-Family Dwelling District
Community residential home regula-
regulations 45-19
tions 45-28(G)
Changes 45-17(3)
Floor area 45-28(E)
Damaged, destroyed, etc 45-17(5)
Height 45-28(B)
Identification 45-17(2)
Location; fmal authorit 45-17(4) Off-street parking 45-28(F)
y Permitted uses....................... 45-28(A)
Off-street loading and internal circulation Site area 45-28(C)
C-3 Regional Business District 45-34.1(3)
Yards and open spaces 45-28(D)
Off-street parking R-3 Apartment Dwelling District
C-1 Neighborhood Commercial District. 45-33(E) Floor area 45-30(F)
C-lA Limited Commercial District 45-32(E)
Height 45-30(B)
C-3 Regional Business District 45-34.1(2)
Off-street parking 45-30(E)
C-A Commercial District 45-31(G), (H) permitted uses 45-30(A)
CB Commercial District 45-31.1(G), (H) Site area............................. 45-30(C)
CC Transitional Commercial District 45-32.1(G), (H) yards and open spaces 45-30(D)
R-1 Single-Family Dwelling Districts 45-27(E) Setbacks
R-2 Multiple-Family Dwelling District . 45-28(F) C-3 Regional Business District 45-34.1(5)
R-3 Apartment Dwelling District 45-30(E) Oceanfront land 45-22
Open spaces. See herein: Yards and Open Short title 45-1
Spaces Signs
Parking C-3 Regional Business District 45-34.1(7)
Off-street loading and internal circula- Similar uses 45-16.1
tion. See herein that subject Site area
Off-streetparkingregulations. See herein: C-lA Limited Commercial District..... 45-32(C)
Off-Street Parking C-A Commercial District 45-31(E)
Permitted uses CB Commercial District 45-31.1(E)
Automotive Commercial District....... 45-34(A) CC Transitional Commercial District 45-32.1(E)
C-1 Neighborhood Commercial District. 45-33(A), (G) R-1 Single-Family Dwelling Districts 45-27(C)
C-lA Limited Commercial District 45-32(A), (G) R-2 Multiple-Family Dwelling District . 45-28(C)
C-2 General Commercial District 45-34(A) R-3 Apartment Dwelling District 45-30(C)
C-3 Regional Business District 45-34.1(1) Surface water management
C-A Commercial District 45-31(B), (C) C-3 Regional Business District 45-34.1(8)
CB Commercial District 45-31.1(B), (C) Telecommunications antenna and antenna
CC Transitional Commercial District 45-32.1(B) towers 45-21
C-OS Conservation and Open Space Dis- Violation and penalty 45-6
trict 45-35.2(B) Yards and open spaces
R-1 Single-Family Dwelling Districts 45-27(A) C-1 Neighborhood Commercial District. 45-33(D)
R-2 Multiple-Family Dwelling District . 45-28(A) C-lA Limited Commercial District 45-32(D)
R-3 Apartment Dwelling District 45-30(A) C-A Commercial District 45-31(F)
Planned unit development CB Commercial District 45-31.1(F)
C-3 Regional Business District 45-34.1(10) CC Transitional Commercial District 45-32.1(F)
Filing of application 45-35.1(II) R-1 Single-Family Dwelling Districts 45-27(D)
Planning commission R-2 Multiple-Family Dwelling District . 45-28(D)
R-3 Apartment Dwelling District 45-30(D)
Action of 45.35.1(N)
Referral to 45-35.1(III)
Statement of intent 45-35.1(I)
Supp. No. 35 2967