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Code of Ordinances Supplement 36 SUPPLEMENT NO. 36 March 2008 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. 2008-04, adopted January 24, 2008. See the Code Comparative Table for further information. Remove old pages Insert new pages xi-xvi xi-xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 144.1-146 144.1-146.1 163-164.1 163-164.1 329-332 329-332 398.15, 398.16 398.15-398.16.1 559 559 561-564 561-563 615 615 617-620 617, 618 891, 892 891, 892 1055, 1056 1055, 1056 1175-1177 1175-1177 2819, 2820 2819, 2820 2891 2891 2935-2967 2935-2960 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. I.A. Vision Statement 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 10.2 Art. IV. Administrative 15 Art. V. Qualifications and Elections 17 Art. VI. Transition Schedule 18 Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 138 Div. 1. Generally 138 Div. 2. Rules of Procedure 138 Art. III. Administrative Code 138.1 Div. 1. Generally 138.1 Div. 2. Audit Committee 139 Div. 3. Department of Finance 140 Div. 4. Department of Records 140.1 Div. 5. Department of Public Safety 141 Div. 6. Department of Public Works 142 Div. 7. Department of Library 142 Div. 8. Department of Country Club 142 Div. 9. Department of Recreation 142 Div. 10. Department of Community Development . 142.1 Art. N Manager 142.1 Art. V. Pensions and Retirement Systems 143 Div. 1. Generally 143 Supp. No. 36 xl NORTH PALM BEACH CODE Chapter Page Div. 2. Social Security 143 Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 144.1 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 150.1 Div. 5. Length of Service Award Plan for Volunteer Firefighters 161 Div. 6. ICMA Defined Contribution Pension Plan.. 163 Art. VI. Code Enforcement Board 163 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 269 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. 1. Generally 326 Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div. 4. Docks and Piers 328 Div. 5. Erosion Control Structures 333 Art. N Marine Sanctuaries 333 Art. V. Waterways Board 334 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. N Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.18 Art. VII. Coastal Construction Code 398.18 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Emergency Management 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 510 9. Country Club 559 Art. I. In General 561 Art. II. Golf Advisory Board 562 Supp. No. 36 x11 TABLE OF CONTENTS Contd. Chapter Page Art. III. Finances 563 10. Elections 615 Art. I. In General 617 Art. II. Reserved 618 Art. III. Reserved 618 Art. N 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. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. N Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 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. Abandoned, Inoperative and Junked Prop- erty 892 Art. III. Reserved 895 Art. N Weeds and Brush 895 15. Housing 945 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 Art. II. Local Business Tax 1057 Art. III. Businesses Located Outside Village Limits 1060.4 Supp. No. 36 x111 NORTH PALM BEACH CODE Chapter Page Art. N 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. N 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. IX. Water Shortage Emergencies 1236 Art. X. Alarms 1238 Art. XI. Wellf"ield 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 1346 Art. III. Board of Adjustment 1347 Art. N Concurrency Management 1349 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 Art. III. Sidewalks and Driveways 1520 Div. 1. Generally 1520 Supp. No. 36 xlV TABLE OF CONTENTS Contd. Chapter Page Div. 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Art. II. 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. N 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. N 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 2481 Art. II. Generally 2485 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 Code Comparative Table-Laws of Florida 2873 Supp. No. 36 xv NORTH PALM BEACH CODE Page Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 Supp. No. 36 xVl 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 apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 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 36 136.1, 136.2 24 xiii, xiv 36 137, 138 33 xv, xvi 36 138.1, 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 36 11, 12 25 145, 146 36 13, 14 25 146.1 36 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. 36 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 153, 154 26 403 OC 155, 156 26 453 OC 156.1, 156.2 26 455, 456 22 157, 158 35 507 22 159, 160 35 509, 510 33 160.1 35 511 22 161, 162 25 559 36 163, 164 36 561, 562 36 164.1 36 563 36 165, 166 25 615 36 167, 168 25 617, 618 36 169 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 36 787, 788 OC 331, 332 36 789 OC 332.1 27 839 OC 333, 334 32 889 OC 335 32 891, 892 36 381 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 36 1054.3, 1054.4 31 398.16.1 36 1055, 1056 36 398.17, 398.18 33 1057, 1058 33 399, 400 OC 1059, 1060 33 401, 402 OC 1060.1, 1060.2 33 Supp. No. 36 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 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 36 1629, 1630 27 1177 36 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 1463 OC 2368.1 1 1465, 1466 OC 2369, 2370 OC Supp. No. 36 [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 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 36 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 36 2510.15, 2510.16 25, Add. 2933, 2934 25 2510.17, 2510.18 25, Add. 2935, 2936 36 2510.19, 2510.20 25, Add. 2937, 2938 36 2510.21, 2510.22 25, Add. 2939, 2940 36 2510.23, 2510.24 25, Add. 2941, 2942 36 2510.25, 2510.26 25, Add. 2943, 2944 36 Supp. No. 36 [4] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 2945, 2946 36 2947, 2948 36 2949, 2950 36 2951, 2952 36 2953, 2954 36 2955, 2956 36 2957, 2958 36 2959, 2960 36 Supp. No. 36 [5] ADMINISTRATION § 2-146 DIVISION 3. PENSION AND CERTAIN member, or if no such person so designated is OTHER BENEFITS FOR GENERAL living at that time, the beneficiary shall be the EMPLOYEES* estate of the member. Sec. 2-146. Definitions. Board means the board of retirement, which shall administer and manage the system herein As used herein, unless otherwise defined or provided and serve as trustees of the fund. required by the context, the following words and Credited service means the total number of phrases shall have the meaning indicated: years and fractional parts of years of actual Accrued benefit is the benefit earned to date service with the village and shall apply to an using the normal retirement benefit. employee whose employment is terminated with the village and who recommences full-time em- Actuarial equivalence or actuarially equivalent ployment within two (2) years from the date of means that any benefit payable under the terms termination. of this plan in a form other than the normal form of benefit shall have the same actuarial present Earnings means gross salary, (including over- value on the date payment commences as the time) but excluding bonuses or any other normal form of benefit. For purposes of establish- nonregular payments such as unused sick leave ing the actuarial present value of any form of and vacation time pay. payment, other than a lump sum distribution, all Effective date means the date on which this future payments shall be discounted for interest division becomes effective [January 13, 1983]. and mortality by using eight (8) percent interest plan year is from October 1 to September 30. and the 1983 group annuity mortality table for males with ages set ahead five (5) years in the Employee shall mean any actively employed case of disability retirees. For bargaining unit full-time general employees of the village, except employee group participants and general em- firemen and policemen. ployee group participants, the actuarial present value shall be a fixed interest rate of five and Final average earnings means the arithmetic twenty-five-hundredths (5.25) percent. average of the twelve (12) months earnings for the highest sixty (60) months of the one hundred Agreement means the written ordinance from twenty (120) consecutive months of service imme- which this division derived, setting forth the diately preceding the retirement or termination of provisions of the retirement system. a member. Assumed rate of return. The assumed rate of Fund means the trust fund established herein return for calculation of annual pension costs as part of the system. shall be eight (8) percent fixed. Member means an actively employed full-time Beneficiary means the persons or persons enti- employee who fulfills the prescribed participation tled to receive benefits hereunder and who has or requirements, after twelve (12) months employ- have been designated as such in writing by the ment and will become a participant on the Octo- member and filed with the board. If no such ber 1 of the next following year. designation is in effect at the time of death of the Spouse means the lawful wife or husband of a *Editor°snote-Section 13 of Ord. No. 1-83, adopted Jan. member at the time of preretirement death or 13, 1983, repealed Ord. No. 10-82, adopted June 10, 1982, retirement. from which ordinance 2-146 2-156 formerly derived. At the discretion of the editor, 1 11 of Ord. No. 1-83 have been System means the Village of North Palm Beach codified as herein set out in 2-146 2-156. All funds and general retirement fund as contained herein and assets from the former system, as set out by Ord. No. 10-82, are transferred to this system, as set out by Ord. No. 1-83, and all amendments thereto. all rights and benefits of members in that system will be (Ord. No. 1-83, § 1, 1-13-83; Ord. No. 13-83, § 1, credited to and maintained by this fund. 9-8-83; Ord. No. 36-90, § 1, 10-25-90; Ord. No. Supp. No. 36 144.1 § 2-146 NORTH PALM BEACH CODE 9-94, § 1, 6-9-94; Ord. No. 12-96, § 1, 3-28-96; Ord. Sec. 2-148. Benefit amounts and eligibility. No. 25-2005, 1, 2, 9-8-05; Ord. No. 27-2005, 1, 2, 9-29-05) (a) Retirement date A member's normal retire- Cross reference-Definitions and rules of construction ment date shall be the first day of the month generally, § 1-2. coincident with, or next following, attainment of his or her sixty-fifth birthday and the completion Sec. 2-147. Membership. of nine (9) full years of service with the village. A member may retire on his or her normal retire- (a) Conditions of eligibility. All employees as of ment date or on the first day of any month the effective date and all future new employees, thereafter, and each member shall become one except members of the fire department and police hundred (100) percent vested in his or her ac- department, shall become members of this system trued benefit on his normal retirement date. The as a condition of employment. normal retirement date described above shall apply only to members who are hired as general (b) Application for membership. Each current employees from and after the effective date of this and future eligible employee shall complete an ordinance. application form covering items set forth below, The normal retirement date for a member who and provide other information, as may be pre- was a general employee of the village prior to the scribed by the board. effective date of this ordinance shall be the first (1) Acceptance of the terms and conditions of day of the month coincident with, or next follow- ing, attainment of his or her sixty-fifth birthday. the retirement system. Employees who are vested and eligible to retire (2) Designation of a beneficiary or beneficia- shall have the right to file a written election to be ries. considered retired on the day before death if such (3) A certified statement as to prior medical employee should die prior to retirement. If an history. employee who is vested and eligible to retire dies prior to retirement without making the foregoing (4) A written release allowing distribution of election, the election can be made by the employee's all medical records to the board. beneficiary previously designated in the village records. For the purposes of all benefits hereunder, an (b) Retirement benefit. A member retiring here- application for membership shall be considered to under on or after his normal retirement date shall have been in effect from date of employment, even receive a monthly benefit which shall commence though officially accepted and approved by the on his retirement date and be continued thereaf- board at a later date. Failure to complete an ter during his lifetime, ceasing upon death. The application within ninety (90) days of employ- member's annual pension benefit shall equal two ment and written notice of this agreement shall (2) percent of final average earnings multiplied by constitute a deliberate choice to be excluded from the member's credited service for the first twenty the system. (20) years of credited service and one (1) percent for each year of credited service thereafter. (c) Change in designation of beneficiary. Amem- ber may, from time to time, change his designated (c) Late retirement. A participant who retires beneficiary without approval by the board of after his normal retirement date shall be paid the trustees or previous beneficiary by written notice monthly benefit otherwise payable to the partici- to the board upon forms provided by the board. pant at his normal retirement date increased by Upon such change, the rights of all previously using the benefit formula for normal retirement designated beneficiaries to receive any benefits together with consideration of his additional years under the system shall cease. or fractional parts of years of credited service and (Ord. No. 1-83, § 2, 1-13-83) final average earnings. Supp. No. 36 144.2 ADMINISTRATION § 2-149 (d) Early retirement. A member or a termi- Credited Service Vested Percentage nated vested participant may retire after age fifty-five (55) and shall receive vested accrued Less than 5 0 benefit. If a member does retire early, his or her 5 but less than 7 50 pension shall be actuarially reduced for early 7 but less than 9 75 retirement. 9 or more 100 (e) Preretirement death. (g) Refund of contribution. All contributions made by employees whose employment is termi- (1) If a participant who is no longer an em- nated for any reason prior to vesting shall receive ployee of the village dies prior to the a refund of all amounts contributed by the em- ployee to the pension plan without interest. All normal retirement date and has attained contributions made by fully or partially vested age fifty-five (55) and had five (5) years of employees whose employment is terminated for credited service, a pension benefit of fifty any reason shall have the option to receive a (50) percent of the amount the participant refund of all amounts contributed by the vested would have been entitled to, actuarially employee without interest. If such option is elected reduced for early retirement, shall be paid by the fully or partially vested employee, then to the surviving beneficiary for as long as such employee shall no longer be a part of the the beneficiary shall live. Such amount pension plan and shall not receive additional shall be based on the amount payable pension benefits. under the fifty (50) percent joint and (Ord. No. 1-83, § 3, 1-13-83; Ord. No. 9-94, § 2, survivor option, reduced actuarially to the 6-9-94; Ord. No. 12-95, 1, 2, 3-23-95; Ord. No. age of the beneficiary. 35-2003, § 1, 12-11-03; Ord. No. 16-2004, § 1, (2) If a member dies prior to the normal 7-22-04; Ord. No. 2008-02, § 2, 1-10-08) retirement date while still employed by Sec. 2-149. Normal and optional forms of the village and has five (5) years of cred- benefits. ited service, such member regardless of age shall receive pension benefits as set (a) The normal form of retirement benefit is a forth in subsection (3). monthly benefit for life. (3) The members specified in subsection (2) (b) Each member entitled to a normal or early above shall receive a benefit equal to the retirement benefit shall have the right, at any member's vested accrued pension as com- time prior to the date on which benefit payments puted under subsection 2-148(b) and shall begin, to elect to have this benefit payable under be payable to the designated beneficiary any of the options hereinafter set forth in lieu of in equal, consecutive monthly install- such benefits and to revoke any such elections menu over ten (10) years. The benefit and make a new election at any time prior to the payment specified herein shall commence actual beginning of payments. The value of op- upon death of the plan member and ap- tional benefits shall be the actuarial equivalent of proval of the pension board. the value of benefits otherwise payable. The mem- ber shall make such an election by written re- (f) Termination of employment. A participant quest to the board, such request being retained in who terminates his employment for reason other the board's files. than death or retirement and who has not opted Option 1. Joint and last survivor option. The for early retirement shall be entitled to a deferred member may elect to receive a benefit monthly retirement benefit commencing at his during his lifetime and have such benefit normal retirement date equal to the product of his (or a designated fraction thereof) contin- vestedpercentage, as determined from the follow- ued after his death to and during the ing schedule, and his accrued benefit: lifetime of his designated beneficiary. The Supp. No. 36 145 § 2-149 NORTH PALM BEACH CODE minimum joint and survivor percentage Sec. 2-150. Village contributions. shall be fifty (50) percent, reduced actuari- ally to the age of the beneficiary. The (a) Generally. So long as this system is in election of option 1 shall be null and void effect, the village shall make a contribution to the if the designated beneficiary dies before trust fund in an amount equal to the total cost for the member's benefit payments commence. the year as shown by the most recent actuarial valuation of the system. The total cost for any Option 2. Life annuity with ten years certain. year shall be defined as the total normal cost, plus The member may elect to receive a monthly the additional amount sufficient to amortize the benefit for one hundred twenty (120) unfunded accrued past service liability over a monthly payments certain. In the event forty-year period. the member dies after his retirement, but before he has received retirement benefits (b) Other. Private donations, gifts and contri- for aperiod of ten (10) years, the same butions may be deposited to the fund, but such monthly benefit will be paid to the bene- deposits must be accounted for separately and ficiary (or beneficiaries) as designated by kept on a segregated bookkeeping basis. Funds the member for the balance of such ten- from these sources may be used only for addi- year period or, if no beneficiary is desig- tional benefits for members, as determined by the nated, to the surviving spouse, or estate of board, and may not be used to reduce required the member. village contributions. (Ord. No. 1-83, § 5, 1-13-83) Option 3. Other. In lieu of the optional forms enumerated in this section, benefits may Sec. 2-151. Retirement board, establishment. be paid in any form approved by the board so long as it is the actuarial equivalent of (a) There is hereby created a general employ- the benefits otherwise payable. ees retirement board of the village which shall consist of five (5) members. Option 4. Social security adjustment option. If a member retires before being eligible for Tt'vo (2) members of the board shall be employ- social security benefits, he or she may ees of the village. The employee members shall be elect an option to receive a larger pension elected at large by full-time village employees up to the date he or she begins receiving who are not firemen or policemen. Employees who social security benefits. The member's pen- are elected cannot work in the same departments Sion benefits shall be appropriately re- of the village. The term of service of employees on duced after social security payments be- the general retirement board shall be indefinite gin. The amount of reduction shall be or until the time such employee member of the actuarially determined by the actuary. retirement board is retired, disabled, resigns, terminates village employment or is removed for (c) Lump sum payment. Notwithstanding any- misconduct by majority vote of the employees or thing contained within section 2-148 and section the council of the village or for nonparticipation 2-149 to the contrary, the board, in its sole discre- by missing two (2) or more consecutive meetings. tion, may elect a lump sum payment to the The election to the board shall be arranged by the beneficiary or beneficiaries in lieu of installments village clerk, who shall give reasonable notice of when the monthly benefits do not exceed the sum the election to the eligible voters. One (1) member of one hundred dollars ($100.00). This provision of the general retirement board shall be a resi- applies to normal retirement, late retirement, dent of the village, selected by the village council, early retirement and preretirement death regard- one (1) member shall be the village manager and less of the fact that the member elected retire- one (1) member shall be the village mayor. All ment benefits to be made in monthly install- members of the board shall be voting members. menu. The mayor may designate in writing another (Ord. No. 1-83, § 4, 1-13-83; Ord. No. 4-93, § 1, member of the village council to serve in his place, 1-14-93) and vote from time to time. Supp. No. 36 146 ADMINISTRATION § 2-151 (b) Should a vacancy occur in the position of a member serving as an employee member, the village employees shall, within thirty (30) days, hold an election and elect a successor to serve. Should the member appointed by village council resign or relinquish his duties on the general retirement board, his successor shall be ap- pointed by the village council within thirty (30) days. Supp. No. 36 146.1 ADMINISTRATION § 2-171 Sec. 2-170.9. Village contributions. While the plans will not provide for retroactive funding, the vesting period shall run from each So long as this system is in effect, the village employee's original date of hire. shall make a yearly contribution to the plan equal (Ord. No. 2006-26, § 3, 12-14-06) to the cost for the year by the most recent actu- arial valuation. (Ord. No. 16-91, § 10, 4-11-91) Sec. 2-170.14. Administrative services agree- ment and adoption agree- Sec. 2-170.10. Trustee and contact person. menu. The village finance director will act as trustee The village council hereby approves the admin- and contact person and will be responsible for istrative services agreement and adoption agree- contacting the agent or agency administrating the menu with ICMA and authorizes the mayor and plan regarding changes and modifications to the village clerk to execute such agreements on behalf plan. of the village. The village clerk shall transmit a (Ord. No. 16-91, § 11, 4-11-91) copy of the ordinance from which this division derives to the State of Florida Division of Retire- Sec. 2-170.11. Point system. ment. (Ord. No. 2006-26, § 4, 12-14-06) A minimum of fifty (50) points is needed to earn a year of credited service. The point system that can be earned by volunteer firefighters is set forth Sec. 2-170.15. Effective date. in Exhibit A attached to Ordinance No. 16-91 and This division shall be retroactive to October 1, made a part of this division. (Ord. No. 16-91, § 12, 4-11-91) 2006 and shall take effect upon adoption. How- Editor's note-Exhibit A, attached to Ord. No. 16-91 from ever, the provisions of this division shall not be which this division derives, is not printed herein, but is on file implemented as to bargaining unit employees and available for reference in the offices of the village. until the village and the union representing the bargaining unit agree to an amendment of the DIVISION 6. ICMA DEFINED collective bargaining agreement incorporating the CONTRIBUTION PENSION PLAN additional benefits set forth in this division and that agreement is ratified or the union waives bargaining and consents to its implementation. Sec. 2-170.12. Creation. (Ord. No. 2006-26, § 6, 12-14-06) The village council hereby approves the cre- ation of an ICMA defined contribution pension ARTICLE VI. CODE ENFORCEMENT plan for each of the following village employee BOARD groups: (1) Department directors; Sec. 2-171. Declaration of legislative intent. (2) General employees; and It is the intent of this article to promote, (3) FPE employees. protect and improve the health, safety and wel- (Ord. No. 2006-26, § 2, 12-14-06) fare of the citizens of the village and to provide an equitable, expeditious, effective and inexpensive Sec. 2-170.13. Vesting period. method of enforcing the hereinafter described codes and ordinances of the village where a pend- The vesting period for each defined contribu- ing or repeated violation continues to exist. tion plan shall be five (5) years, with a vesting of (Ord. No. 19-79, § 1, 9-17-79; Ord. No. 9-80, § 2, zero (0) percent in the first year and a vesting of 4-24-80; Ord. No. 16-82, Art. 1, 9-9-82; Ord. No. twenty-five (25) percent for each year thereafter. 2-86, § 1, 3-27-86) Supp. No. 36 163 § 2-172 NORTH PALM BEACH CODE Sec. 2-172. Definitions. Chapter 14, Village of North Palm Beach The following words, terms and phrases, when Code, containing the health and sanitation used in this article, shall have the meanings code. ascribed to them in this section, except where the Chapter 15, Village of North Palm Beach context clearly indicates a different meaning: Code, containing the housing code. Attorney. Attorney for the village who will Chapter 17, Village of North Palm Beach advise the code enforcement board of legal rules Code, containing the business tax code. or give other legal assistance as required. Code inspector. Those authorized agents or Sections 18-34 and 18-35 of Chapter 18. employees of the village whose duty it is to insure Chapter 19, Village of North Palm Beach code compliance with the codes referred to above, Code, containing the noise control code. including, but not limited to, the village manager, building official, director of public safety, and Chapter 24, Village of North Palm Beach finance director. Code, containing the streets, sidewalks and driveways code. Enforcement board. The Village of North Palm Beach Code Enforcement Board. Chapter 25, Village of North Palm Beach Code, containing the swimming pool code. Repeat violation means a violation of a provi- sion of a code or ordinance by a person who has Chapter 27, Village of North Palm Beach been previously found through a code enforce- Code, containing the trees and shrubbery code, ment board or any other quasi judicial or judicial including landscaping of yards and parking process, to have violated or who has admitted lots. violating the same provision within five (5) years prior to the violation, notwithstanding the viola- Chapter 28, Village of North Palm Beach tions occur at different locations. Code, containing the franchise ordinance for (Ord. No. 19-79, § 3, 9-27-79; Ord. No. 9-80, § 4, the use of the village rights-of--way for utilities. 4-24-80; Ord. No. 16-82, Art. II, 9-9-82; Ord. No. 8-90, § 1, 4-12-90; Ord. No. 04-2000, § 1, 2-10-00) Chapter 36, Village of North Palm Beach Code, containing the subdivision code. Sec. 2-173. Applicability. Chapter 45, Village of North Palm Beach The code enforcement board shall enforce and Code, containing the zoning code. have jurisdiction of the following codes: (Ord. No. 19-79, § 2, 9-27-79; Ord. No. 25-79, § 1, 12-13-79; Ord. No. 9-80, § 3, 4-24-80; Ord. No. Chapter 4, Village of North Palm Beach 15-86, § 2, 10-9-86; Ord. No. 23-2002, § 1, 7-11-02; Code, containing the animals and fowl code. Ord. No. 2006-28, § 2, 12-14-06; Ord. No. 2007-19, Chapter 5, Village of North Palm Beach § 3, 12-13-07) Code, containing the docks and waterways code. Sec. 2-174. Organization of board. Chapter 6, Village of North Palm Beach (a) Qualifications and terms. The village coun- Code, including the building code, the gas code, cil shall appoint aseven-member code enforce- the mechanical code, the plumbing code, the ment board and legal counsel for the board. The appearance code and Appendix A, appearance members shall have the following qualifications plan, and the sign code. and terms of office: Chapter 7, Village of North Palm Beach (1) Members of the enforcement board shall Code, containing the bulkhead lines code. be residents of the village. Appointments Chapter 12, Village of North Palm Beach shall be made by the village council on the Code, including the fire prevention code. basis of experience of interest in the fields Supp. No. 36 164 ADMINISTRATION § 2-175 of zoning and building control. The mem- Sec. 2-175. Enforcement procedure. bership of the enforcement board shall, whenever possible, include: (a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various a. An architect; codes. No member of a board shall have the power b. A businessman; to initiate such enforcement proceedings. c. An engineer; (b) If a violation of the codes is found, the code d. A general contractor; inspector shall notify the violator, unless para- graph (c) of this section applies, and give the e. A subcontractor; violator a reasonable time to correct the violation. £ A realtor; Should the violation continue beyond the time g. No particular profession. (2) In order that the terms of office of all members will not expire at the same time, the initial appointments to the enforce- ment board shall be as follows: a. Two (2) members shall be appointed for a term of one (1) year; b. Three (3) members shall be ap- pointed for a term of two (2) years; c. Two (2) members shall be appointed for a term of three (3) years. Thereafter, all appointments shall be made for a term of three (3) years. Appointments to fill any vacancy on the enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two (2) of three (3) succes- sive meetings without cause and without prior approval of the chairman, the board shall declare the member's office vacant and the village council shall promptly fill such vacancy. The members shall serve at the pleasure of the village council. (b) Officers; quorum; compensation. The mem- bers of the enforcement board shall elect a chair- man from among its members who shall be a voting member. The presence of four (4) or more members, shall constitute a quorum of the enforce- ment board. Members shall serve without com- pensation, but may be reimbursed for such travel expenses, mileage expenses, and per diem ex- penses as may be authorized by the village coun- cil. (c) Attorney. The village attorney shall be coun- sel to the code enforcement board. (Ord. No. 19-79, § 4, 9-27-79; Ord. No. 9-80, § 5, 4-24-80; Ord. No. 16-82, Art. III, 9-9-82; Ord. No. 8-90, § 3, 4-12-90; Ord. No. 17-91, § 1, 4-25-91) Supp. No. 36 164.1 BOATS, DOCKS AND WATERWAYS § 5-83 (b) Boat davits and other boat-lifting devices d. All piling are to be set a maximum of shall require a building permit. ten (10) feet on center for timber (c) Docks, piers, mooring buoys and anchors deck construction. and other waterside structures shall require a (2) Stringers and bracing. Stringers and brac- building permit. ing, if lumber, shall be a minimum two- (Code 1970, § 11-33; Ord. No. 3-71, § 2; Ord. No. inch by eight-inch. 10-2000, § 1, 4-13-00) (3) Decking. Decking, if lumber, shall be a minimum two-inch by six-inch. Sec. 5-83. Minimum design requirements. (a) Coverings. Any sun, wind or weather cov- (4) Fasteners. Bring to be constructed over a dock or pier shall a. All bolts, nuts, washers and nails require a permit and shall be classified as a shall be hot dipped galvanized or canopy and shall meet the building code as such. zinc plated or equal. (b) Decking elevation. The main deck of a dock b. Stringers and braces shall be fas- or pier shall be placed at a minimum of three and tened with minimum one-half-inch five-tenths (3.5) feet above mean sea level. The bolts. steps from the ground or bulkhead cap shall not (5) Dock lumber. All dock lumber shall be exceed seven (7) inches for each step. pressure treated or equal. (c) Wave break. The bottom wave breaking (6) Concrete strength. All concrete shall be a stringer shall not extend below mean low water. minimum strength of thirty-five hundred (d) Floating docks. Free-standing piling for (3,500) psi in twenty-eight (28) days. floating docks shall be a minimum schedule 40, (7) Blocks. If dock is to be supported by a six-inch diameter, pea rock concrete filled steel bulkhead, four-inch by four-inch blocks or pipe or six-inch plastic pipe filled with pea rock equal shall be bolted to bulkhead wall; concrete and two (2) equally spaced number four stringer shall be bolted to four-inch by reinforcing bars, suitably tied. Attaching rings four-inch blocks. shall be steel or chain. Smaller piling may be allowed when properly structurally designed. (f7 Structural equivalents permitted. Docks and piers of other design and material maybe permit- (e) Construction material. Construction mate- ted when structurally equivalent to the above. rial for piers and docks shall meet the following requirements: (g) Commercial docks and piers. All commer- (1) Piling. cial docks and piers are to be designed by a Florida registered professional engineer. a. Minimum bottom penetration is to be six (6) feet. (h) Dolphins and tie poles. b. Concrete piling is to be minimum (1) Bottom penetration is to be a minimum of eight-inch by eight-inch or eight- six (6) feet. inch diameter reinforced with four (4) number five (5) rods with number (2) Materials and construction are to be the two (2) hoops eight (8) inches on same as dock and pier pilings. center. (i) Commercial marinas. All fixed docks and c. Wood piling is to be minimum ten- piers to be constructed in commercial marinas inch butt diameter and the treat- shall be concrete or equal. ment shall conform to AWPB MP1, MP2 or MP4. Pile cutoff shall be Batter piles. treated in accordance with AWPA (1) Batter piles are to be designed by a Flor- M4. ida registered professional engineer. Supp. No. 36 329 § 5-83 NORTH PALM BEACH CODE (2) Batter piles are to be constructed of pre- dead end of a lagoon, a dock or a pier may stressed concrete. be placed zero (0) feet from the side prop- (3) A building permit shall be required prior erty line extended when all the following to construction for all batter piles. requirements are complied with: (4) Batter piles shall be installed only under a. The lot/lots shall be in a R-1 Single the following conditions: Family Dwelling District. a. Obstructions prevent use of Stan- b. Building permits shall be obtained dard tiebacks and anchors to rein- as required by section 5-82 of this force bulkheads. chapter. b. Existing bulkhead has failed or is in c. At least one (1) lot shall have less danger of failing. than seventy-five (75) feet frontage c. Not to be used in the construction of on the water. new bulkheads. d. A dock or pier, but not both, shall be constructed at the same time on both (5) Base of batter pile shall extend amaxi- sides of the common property line in mum of five (5) feet from the waterside question. The dock or pier on a lot face of the bulkhead. shall be structurally independent of (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. the dock or pier on the adjacent lot. 35-90, 2-6, 9-27-90; Ord. No. 2008-04, § 2, 1-24-08) (5) Docks shall extend a maximum of five (5) feet out from the face of the bulkhead Sec. 5-84. Regulations governing construc- wall. tion in waters other than Lake (6) a. Piers not exceeding six (6) feet in Worth and Atlantic Ocean. width may extend waterside amax- All docks or other approved structures to be imum of fifteen (15) feet in lagoons, constructed waterside of bulkheads or land in the twenty (20) feet in the North Palm lagoons, waterways or other bodies of water in the Beach Waterway, twenty-five (25) feet village, other than the waters of Lake Worth and in West Lake and forty (40) feet in the Atlantic Ocean, shall be constructed in actor- North Lake and not more than twen- dance with the following requirements and regu- ty-five (25) percent of the waterway lations: width of the Earman River; pro- vided, however, that, a pier may ex- (1) Prior to a permit being issued by the tend waterside a maximum of fifty- village, apermit shall be obtained from five (55) feet when connected with a such other authority that has a vested commercial marina operation in a interest in the waterway. commercial zoned piece of property (2) In regard to construction waterside of any so long as said construction leaves a lot having fifty-foot or less frontage on the minimum clear water distance of forty water, docks shall not be placed within (40) feet between the pier and any five (5) feet of the side property line ex- opposite bulkhead or water struc- tended. ture which may be constructed in (3) In regard to construction waterside of any accordance with this chapter. Piers located in the Earman River may be lot having greater than fifty-foot frontage constructed with "L" or "T" heads on the water, docks shall not be placed provided the maximum allowable within ten (10) feet of the side property length waterside is reduced by twelve line extended. (12) feet. No pier shall be located (4) Dead end lagoon. In regard to construc- closer to the side property line ex- tion waterside of any platted lot at the tended than its extension waterside. Supp. No. 36 330 BOATS, DOCKS AND WATERWAYS § 5-85 b. Piers located on Teal Way in Pros- Sec. 5-85. Regulations governing construc- perity Harbor may not exceed six (6) tion in Lake Worth and Atlantic feet in width and shall be a maxi- Ocean. mum of forty (40) feet in length. All residential piers, docks or other approved Piers located per this section shall not be structures to be constructed waterside of the closer to the side property line extended bulkhead line or land of the village in Lake than half of its extension waterside of the Worth, or the mean low-water mark of the Atlan- bulkhead. tic Ocean, shall meet the following regulations and requirements: (7) In lagoons, dolphin poles, wave breaks, mooring posts, mooring buoys or floating (1) The design of any pier to be constructed anchors shall be placed a maximum of under the provisions of this division shall twenty (20) feet from the face of the bulk- be performed by an engineer registered in head or the shore. Wave breaks shall be the state, and detailed construction draw- allowed only at lagoon entrances opening ings shall be submitted bearing the certi- into Lake Worth. fication and seal of such engineer. (8) In the North Palm Beach Waterway, dol- (2) Prior to a permit being issued by the village, a permit shall be obtained from phin poles, mooring posts, mooring buoys such other authority that has a vested or floating anchors shall be placed amax- interest in the waterways. Nothing con- imum of thirty (30) feet from the face of tained in this division shall be construed the bulkhead of the shore. to affect the rights or obligations con- (9) In the Earman River, dolphin poles, wave netted with spoil areas located in Lake Worth within one hundred (100) feet breaks, mooring posts, mooring buoys or lakeward of the bulkhead line referred to floating anchors shall be placed not more above and the granting of a permit by the than twenty-five (25) percent of the wa- village does not release the applicant from terway width from the bulkhead or the personally determining what, if any, ef- shore. Wave breaks shall be allowed only fect such spoil areas may have upon any at the entrance to Lake Worth. construction done in accordance with this (10) In West Lake, and North Lake, and water division. front properties along Teal Way, dolphin (3) No pier shall extend beyond a line fifty poles, mooring posts, mooring buoys or (50) feet waterside from and parallel to floating anchors shall be placed amaxi- the bulkhead line of the village. mum of fifty (50) feet from the face of the bulkhead or the shore. (4) The centerline of all piers shall be on a uniform alignment. (11) Dolphin or mooring post location shall be (5) Piers may be constructed with "L" heads inside the side property line extended and or "T" heads of fifty (50) feet. A finger pier shall be determined by the building de- shall not exceed twenty-two (22) feet in partment. length and shall be a maximum of six (6) (12) In no instance shall any structure extend feet and a minimum of three (3) feet in width. more than twenty-five (25) percent of the width of the water. (6) No point on any pier shall be closer than (Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No. twenty (20) feet to either side property 6-73, § 1; Ord. No. 36-95, 1, 2, 12-14-95; Ord. line projected along a line parallel to the No. 28-98, 1-3, 12-10-98; Ord. No. 09-2001, pier center line or closer than forty (40) § 1, 4-12-01; Ord. No. 27-2003, § 1, 9-9-03) feet to any part of another pier. Supp. No. 36 331 § 5-85 NORTH PALM BEACH CODE (7) All piers and docks shall be constructed unnecessary and undue hardship. In order to with all major components including pil- authorize any variance from the terms of those ing, beams, decks, etc., constructed of sections of the village Code, the board of adjust- reinforced concrete. Piers shall have a ment must find the factors set forth in F.S. section maximum width of ten (10) feet, and a 163.225(3)(a), (b), (c): minimum width of six (6) feet. "(3) (a) To authorize upon appeal such vari- (8) Dolphins or mooring posts may be in- ante from the terms of the ordinance as stalled adjacent to piers, with location to will not be contrary to the public interest be determined by the building depart- when, owing to special conditions, alit- ment. eral enforcement of the provisions of the (9) In regard to construction waterside of any ordinance would result in unnecessary lot having fifty (50) feet or less frontage on and undue hardship. In order to authorize any variance from the terms of the ordi- thewater, docks shall not be placed within nance, the board of adjustment must find: five (5) feet of the side property line ex- tended. "1. That special conditions and circum- stances exist which are peculiar to (10) In regard to construction waterside of any the land, structure, or building in- lot having greater than fifty (50) feet volved and which are not applicable frontage on the water, docks shall not be to other lands, structures, or build- placed within ten (10) feet of the side ings in the same zoning district; property line extended. " 2. That the special conditions and cir- (11) Freestanding wave breaks shall not be cumstances do not result from the permitted. actions of the applicant; (12) Mooring buoys and anchors shall be de- " 3. That granting the variance requested signed and located in such a manner as to will not confer on the applicant any not allow the moored vessel to cross the special privilege that is denied by side property lines extended. Mooring this ordinance to other lands, build- buoys and anchors shall be located paral- ings, or structures in the same zon- lel to the bulkhead no more than one ing district; hundred fifty (150) feet from the bulk- "4. That literal interpretation of the pro- head. No live-aboards are allowed. The visions of the ordinance would de- upland landowner shall not moor or an- prive the applicant of the rights com- chor more than one (1) boat. monly enjoyed by other properties in (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. the same zoning district under the 35-90, 7, 8, 9-27-90; Ord. No. 13-98, § 2, terms of the ordinance and would 5-14-98; Ord. No. 11-99, § 3, 2-11-99; Ord. No. work unnecessary and undue hard- 10-2000, § 2, 4-13-00; Ord. No. 2008-04, § 2, ship on the applicant; 1-24-08) Sec. 5-86. Variances. The board of adjustment created and described in section 21-21 of this Code shall have the power to authorize upon appeal such variance from the terms of section 5-85(3) as will not be contrary to the public interest when, owing to special condi- tions, aliteral enforcement of the provisions of those sections of the village Code as they pertain to properties located on Lake Worth will result in Supp. No. 36 332 BUILDINGS AND BUILDING REGULATIONS § 6-116 sponsibility to maintain the signs (3) Height-Color. All street numbers shall and no other provision has been made be a minimum of three (3) inches in height for the maintenance of them, the on residential buildings and a minimum signs shall be removed by the devel- of six (6) inches on commercial buildings. oper or owner. Maximum height of all street numbers shall be eight (8) inches. All street num- (F) Flags. bers shall be a sharply contrasting color (1) Number. Not more than three (3) flags or with the building. insignias of governmental, religious, char- (4) Maintenance. It shall be the duty of the itable, fraternal or other organizations owner of the building to maintain the maybe permanently displayed on any one parcel of land. numbers on the building in good condi- tion. (2) Size. The maximum distance from top to bottom of any flag or flags shall be thirty (I) Signs in P-Public Zoning District. (30) percent of the total height of the flag pole, or in the absence of a flag pole, thirty ~ 1) Type-On premise, wall and ground signs. (30) percent of the distance from the top of (2) Number-Such number as shall be per- the flag or insignia to the ground. The mitted by the village council, in its discre- maximum height of a flag pole within the tion, to assist in the administration and R-1 single-family dwelling district and operation of the village and its various the R-2 multiple-family dwelling district governmental, recreation and proprietary shall be twenty (20) feet. The maximum operations. height of a flag pole within the R-3 apart- ment dwelling district and all non-resi- (3) Size-Height-Location. Shall be no dential zoning districts shall be thirty- greater than the signs allowed in adjacent five (35) feet. zoning districts. (G) Utility signs. Public utility signs that iden- (4) Additional signs. The following additional tify the location of underground utility lines and signs are permitted: Locational and direc- facilities, high voltage lines and facilities, and tional signs at outdoor public recreation other utility facilities and appurtenances are per- park and sporting events which may in- mitted so long as they do not exceed three (3) feet clude advertising logo of the entity spon- in height, and so long as the sign face does not Boring the activity or event being held on exceed one-half (1/2) square foot. publicly owned property, including, but not limited to youth athletic associations, (H) Street numbers. organized team competitions, swimming (1) Generally. Every building in the village meets, tennis tournaments and golf course shall have its street number so affixed to benches with direction and ball washing the building or the premises upon which facilities at each tee. the building is located that it is both visible and legible from the public street. (J) Strings of white light bulbs. Strings of white light bulbs may be permanently permitted (2) Commercial buildings. Every commercial to outline buildings and decorate trees on com- building with a wall facing an alley shall mercially developed property provided that such have each individual tenancy street num- display does not interfere with neighboring land ber affixed to the building above or next to uses. A building permit is required. the rear door serving each tenancy so that (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 3, the number is both visible and legible 8-11-94; Ord. No. 10-99, § 2, 2-11-99; Ord. No. from the alley. The street numbers shall 22-2000, § 1, 8-24-00; Ord. No. 31-2001, § 2, be reflective. 10-25-01; Ord. No. 2008-01, § 2, 1-10-08) Supp. No. 36 398.15 § 6-116 NORTH PALM BEACH CODE Sec. 6-116. Measurement determinations. (2) Special situations. (A) Facade area. The facade area shall be (a) Where two (2) sign faces are placed measured by determining the area within atwo- back to back and are at no point dimensional geometric figure coinciding with the more than three (3) feet apart, it edges of the walls, windows, doors, parapets, shall be counted as one sign. marquees, and roof slopes of greater than forty- (b) If a sign has four (4) faces arranged five (45) degrees that form a side of a building or in a square, rectangle or diamond, it unit. shall be counted as two (2) signs. (B) Sign area. (D) Sign height. The height of a sign shall be measured as the vertical distance from the fin- (1) Generally. The area of a sign shall be the fished grade, excluding berms, at the base of the area within the smallest square, rectan- supporting structure to the top of the sign, or its gle, parallelogram, triangle, circle or semi- frame or supporting structure, whichever is higher. circle, the sides of which touch the ex- (Ord. No. 24-93, § 2, 10-14-93) treme points or edges of the sign face. Sec. 6-117. Design, construction, and loca- (l) Special situations. tion standards. (a) Where a sign is composed of letters (A) Generally. All permanent signs must com- attached directly to a facade, win- ply with the following design, construction and dow, door, or marquee, and the let- location standard. ters are not enclosed by a border or trimming, the sign area shall be the (B) Compliance with building and electrical area within the smallest rectangle, codes required. All permanent signs, and the parallelogram, triangle, circle or semi- illumination thereof, shall be designed, con- circle, the sides of which touch the strutted and maintained in conformity with ap- extreme points of the letters or pit- plicable provisions of the building and electrical tures. codes adopted by the village. (b) Where two (2) sign faces are placed (C) Illumination standards. back to back on a single sign strut- (1) All illuminated signs shall be internally ture, and the faces are at no point lighted and only by electricity. more than four (4) feet apart, the (2) All electric wiring shall be installed in area of the sign shall be counted as conduit and concealed. The conduit shall the area of one (1) of the faces. be installed underground in accordance (c) Where three (3) or more sign faces with the village electric code. are arranged in a square, rectangle, (3) Electrically lighted signs shall be auto- or diamond, the area of the sign matically controlled to be disconnected shall be the area of the two (2) larg- daily at midnight or at the close of busi- est faces. ness if the advertised closing is later than midnight. (C) Number of signs. (4) Sign lighting may not be designed or (1) Generally. In general, the number of signs located to cause confusion with traffic shall be the number of non-contiguous lights. sign faces. Multiple non-contiguous sign faces maybe counted as a single sign if all (D) Placement standards. the sign faces are included in the geomet- (1) In right-of--way. Supports for signs or sign ric figure used for determining the sign structures shall not be placed in or upon a area. public right-of--way or public easement. Supp. No. 36 398.16 BUILDINGS AND BUILDING REGULATIONS § 6-117 (2) Over right-of--way. No ground sign shall project over a public right-of--way. Supp. No. 36 398.16.1 Chapter 9 COUNTRY CLUB* Art. I. In General, 9-1-9-15 Art. II. Golf Advisory Board, 9-16-9-31 Art. III. Finances, § 9-32 *Charter reference-Country club administrator, Art. N, § 6. Cross reference-Parks, playgrounds and recreation, Ch. 20. Supp. No. 36 559 COUNTRY CLUB § 9-2 ARTICLE I. IN GENERAL and rough areas during the period from one (1) hour after sunset to one Sec. 9-1. Premises-General regulations. (1) hour before sunrise each day. b. Other areas at the North Palm Beach No person, other than village employees or Country Club, including the club- persons authorized by the village, on the premises house, tennis facilities, swimming of the North Palm Beach Country Club, including pool area and winter club except the North Palm Beach Country Club Golf Course, during daylight hours and during tennis club and tennis facilities, driving range, the hours of one (1) hour after sunset swimming pool area, dining room, bar, winter and one (1) hour before sunrise as club facilities and all other premises included the premises are lighted and use within the property acquired by the village as thereof has been expressly approved part of the North Palm Beach Country Club, both by the village for the country club under the original purchase and under the option restaurant, bar facilities, swimming by which it acquired the tennis club area, shall: pool area, tennis courts, golf course, (1) Disfiguration and/or removal of building driving range and the winter club. The opening and closing hours for and other property. such latter areas shall be posted at a. Willfully mark, deface, disfigure, in- the main entrance to the facilities jure, tamper with or displace or re- for public information. One (1) hour move any building, paving or paving after sunset and one (1) hour before materials, lawn, sod, water line or sunrise, all portions of the North other public utilities, parts of appur- Palm Beach Country Club which are tenances thereof, signs, notices or not lighted and permitted for use as placards, whether temporary or per- described above shall be closed to manent, or any other structures, the public, and no person or persons equipment, facilities or country club shall walk or be upon any portion of property or appurtenances thereto, the country club premises which is either real or personal. closed to the public during those hours. b. Dig or remove or disfigure any of the (Ord. No. 5-80, § 1, 3-13-80) tee areas, fairways, greens or rough Editor's note-Ordinance No. 5-80, § 1, adopted Mar. 13, On the North Palm Beach Country 1980, amended the Code with the addition of a new § 9-21. Club Golf Course. However, in order to maintain Code format, the editor has redesignated the provisions as § 9-l. c. Damage, cut, carve, transplant or remove any tree or plant or injure Sec. 9-2. Same-Signs; enforcement; penal- the bark or pick the flowers or seeds ties. of any tree or plant. Nor shall any person attach any rope, wire or any (a) The village manager shall place appropri- contrivance to any tree or plant. A ate signs advising the public of the closing of person shall not dig in or otherwise country club facilities at each entrance to the disturb grassy areas or in any other North Palm Beach Country Club and at each of way injure or impair the natural the North Palm Beach Country Club facilities beauty or usefulness of any area. main entrances. (2) Hours. Be physically present on: (b) All employees at the North Palm Beach Country Club and the public safety department a. The golf course at the Village of and public safety office at the village shall, in North Palm Beach Country Club, connection with their duties imposed by law, including all tees, fairways, greens diligently enforce the provisions of sections 9-1 Supp. No. 36 561 § 9-2 NORTH PALM BEACH CODE and 9-2. The North Palm Beach Country Club ber from the village men's golf association and Manager and all persons employed at the North one (1) advisory board member from the village Palm Beach Country Club shall have the author- women's golf association. As to the remaining ity to reject from the country club premises any regular members, one (1) shall be non-resident person acting in violation of sections 9-1 and 9-2. golf member of the country club and one (1) shall The North Palm Beach Public Safety Department be a resident golf member of the country club. and any North Palm Beach Public Safety Officer shall have the authority to enforce sections 9-1 (b) Terms. and 9-2 and to arrest any persons trespassing (1) Upon initial appointment of the advisory upon the country club property in violation of the board members, the two (2) association hours of use and other provisions of sections 9-1 representatives shall serve until April 30, and 9-2. 2009. Thereafter, these members shall (c) Penalties. Violation of any provision of this serve terms of one (1) year. Code section shall be punished as provided in (2) Upon initial appointment of the advisory section 1-8 of this Code. board members, the three (3) remaining (Ord. No. 5-80, § 2, 3-13-80) regular members shall serve until April Editor's note-Ordinance No. 5-80, § 2, adopted Mar. 13, 30, 2010. Thereafter, these members shall 1980, amended the Code with the addition of a new § 9-22. At the editor's discretion, in order to maintain Code format, the Serve terms Of two (2) yeaTS. provisions have been redesignated as § 9-2. (3) Upon initial appointment of the advisory board members, the two (2) alternate mem- Secs. 9-3-9-15. Reserved. bers shall serve untilApri130, 2009. There- after, these members shall serve terms of ARTICLE II. GOLF ADVISORY BOARDS one (1) year. (4) Any appointment to fill any vacancy of a Sec. 9-16. Creation. advisory board member shall be for the remainder of the unexpired term. The village council hereby creates a golf advi- sory board to serve in an advisory capacity. Un- (c) Officers. At the first organizational meet- less otherwise provided in this section, the advi- ing, the advisory board shall elect a chairperson, sory board shall operate in accordance with section vice-chairperson and a secretary from among its 2-1 of this Code. members to serve until May 2009. Thereafter, (Ord. No. 2007-20, § 3, 12-13-07) officers shall be selected as provided in subsection 2-1(j) of this Code. Sec. 9-17. Composition and terms. (Ord. No. 2007-20, § 3, 12-13-07) (a) Composition. The village council shall ap- Sec. 9-18. Meetings. point five (5) regular members and two (2) alter- nate members to serve on the advisory board. The The advisory board shall schedule at least one council shall appoint one (1) advisory board mem- (1) regular meeting per month. In addition, spe- cial meetings may be called by the chairperson or *Editor's note-Ord. No. 2007-20, 2, 3, adopted Dec. by written notice signed by three (3) regular 13, 2007, repealed the former Art. II, 9-16 9-21, and enacted a new Art. II as set out herein. The former Art. II members by providing at least forty-eight (48) pertained to similar subject matter and derived from Ord. No. houTS' notlCe. 39-90, 1 5, 7, adopted Nov. 19, 1990; Ord. No. 33-91, § 1, (Ord. No. 2007-20, § 3, 12-13-07) adopted Oct. 24, 1991; Ord. No. 18-93, 1, 2, adopted July 22, 1993; Ord. No. 43-97, § 1, adopted Oct. 9, 1997; Ord. No. 23-98, § 1, adopted Sept. 24, 1998; Ord. No. 4-99, 1 7, adopted SeC. 9-19. Duties. Jan. 28, 1999; Ord. No. 12-2001, § 1, adopted May 10, 2001; ord. No. 18-2001, § 2, June 28, 2001; ord. No. 20-2002, § 1, The advisory board shall be advisory only and June 13, 2002. shall have no final authority with respect to the Supp. No. 36 562 COUNTRY CLUB § 9-32 country club golf operations. The duties of the golf advisory board shall be established by resolution of the village council. (Ord. No. 2007-20, § 3, 12-13-07) Secs. 9-20-9-31. Reserved. ARTICLE III. FINANCES Sec. 9-32. Delinquent accounts; penalties. (a) Effective November 1, 1971, all past-due charges for goods or services purchased at the country club shall carry a penalty of one and one-half (11/2) percent of the amount due for each thirty (30) days the account is past due on all accounts where the past-due indebtedness is ten dollars ($10.00) or more. (b) Effective November 1, 1971, all past-due membership fees at the country club shall carry a penalty of one and one-half (11/2) percent of the amount past due for each thirty (30) days the membership fee is past due on all accounts where the past-due indebtedness is ten dollars ($10.00) or more. (c) All billings for membership fees and for goods or services purchased at the country club shall contain information advising the customer of the penalty charge for late payment, with at least athirty-day notice of such penalty. (d) In addition to the penalties set forth in paragraphs (a) and (b) of this section, any person whose account for membership fees or for goods and services purchased at the country club is delinquent beyond two (2) billing periods shall have his membership privileges suspended at the country club and shall no longer be entitled to purchase goods and services or to utilize the facilities at the country club until he has brought his account current. (Code 1970, § 10.5-40; Ord. No. 211-70, § 1; Ord. No. 9-71, § 9; Ord. No. 3-76, § 1, 3-11-76) [The next page is 615] Supp. No. 36 563 Chapter 10 ELECTIONS* Art. I. In General, 10-1-10-37 Art. II. Reserved, 10-35-10-57 Art. III. Reserved, 10-55-10-75 Art. IV. Polling Locations, 10-76, 10-77 *Editor's note-By Resolution No. 308-67 the village council adopted the permanent registration system of Palm Beach County, Florida, pursuant to Chapter 98.091, Florida Statutes, 1965. All references to supervisor of registration or supervisor in this chapter shall refer either to the supervisor of voter registration of Palm Beach County, Florida, or to his appointed deputy permanently located at the village hall of North Palm Beach, Florida, as the context of this chapter or F.S. chapter 98, may require. Cross reference-Administration generally, Ch. 2. Supp. No. 36 615 ELECTIONS § 10-5 ARTICLE I. IN GENERAL the election is to be held, the vacancies to be filled or the purpose for which such election is to be Sec. 10-1. Applicable state laws adopted. held, as the case may be. (Code 1970, § 12-14) For the purpose of providing for any contin- gency not covered by this chapter, the provisions Sec. 10-5. Candidates for office; qualifying. of the general laws of the state relating to electors and elections so far as the same maybe applicable (a) Any qualified elector within the village and not inconsistent with this chapter are adopted may become a candidate for any office to be filled as a part hereof. at any general election by paying to the village (Code 1970, § 12-1) clerk a qualifying fee in the sum of ten dollars ($10.00) and by filing with the village clerk during Sec. 10-2. Special elections; when held. the time period from noon on the last Tuesday in January to noon on the second Tuesday in Febru- Special elections shall be held for such pur- ary prior to the general election a written notice poses as may be required and as provided for by that he or she intends to be a candidate at such law. general election. Any qualified elector may be- (Code 1970, § 12-11) come a candidate for any office to be filled at any special election by paying to the village clerk a qualifying fee in the sum of ten dollars ($10.00) Sec. 10-3. Notice of general elections. and by filing with the village clerk, during the ten The village clerk shall cause to be published at (10) days ending three (3) weeks before the spe- least fifteen (15) days next preceding any general cial election, a written notice that he or she election, once, in a newspaper of general circula- intends to be a candidate at such election. Such tion in the village, a notice stating the date of written notice shall state the number of the group such election, the offices to be filled, and the time in which the candidate seeks to be elected, his and place where such election shall be held; and if place of residence, his age and a description of his there be one (1) or more propositions to be voted residence in the village. Such notice shall also upon, state in substance the character of the request that the name of the candidate be placed propositions to be voted upon. In addition, such upon the ballot to be prepared for such election, notice shall be given by posting a copy thereof in and, in addition, shall be signed by such candi- at least three (3) public and conspicuous places in date. The village clerk shall supply the names of the village, one (1) of which shall be the bulletin all candidates and offices to be filled to the Palm board in the village hall. Beach County Supervisor of Elections by delivery (Code 1970, § 12-13) to that office prior to 5:00 p.m. on the Friday after the close of qualifying. Sec. 10-4. Notice of special election. (b) If at any time within seventy-two (72) hours prior to the deadline for the qualifying of candi- Whenever any special election for any purpose dates as set forth in subsection (a) above, all is required to be held, the village council shall, by persons who have qualified for any one (1) office resolution, declare on what day the same shall be in an election have had their names withdrawn held, whereupon notice thereof shall be published from candidacy for any reason, then the deadline in one (1) or more newspapers of general circula- for qualification of candidates for that particular tion in the village and not less than thirty (30) office shall be automatically extended by one (1) days or more than sixty (60) days prior to such week. The village clerk shall cause to be pub- election. Notice shall also be given by posting lished at the earliest possible date, in a newspa- within such time copies thereof in three (3) public per of general circulation in the village, a notice of and conspicuous places in the village, one (1) of such extension of time for qualifying for such which shall be the bulletin board of the village office. In addition, such notice shall be given by hall. Such notice shall state the date upon which posting a copy thereof in at least three (3) public Supp. No. 36 617 § 10-5 NORTH PALM BEACH CODE and conspicuous places in the village, one (1) of ARTICLE III. RESERVED' which shall be the bulletin board in the village hall. Secs. 10-58-10-75. Reserved. (Code 1970, § 12-29; Ord. No. 13-78, § 1, 5-25-78; Ord. No. 18-83, § 1, 12-8-83; Ord. No. 2008-03, § 2, 1-24-08) ARTICLE IV. POLLING LOCATIONS# Sec. 10-6. Conduct of elections. Sec. 10-76. Designated. (1) Village elections shall be conducted in a The polling locations of the village shall be as proper and legal manner under the supervision of hereinafter designated, from time to time, by the the village clerk and in conjunction with the Palm village clerk and the Palm Beach County Super- Beach County Supervisor of Elections. visor of Elections. (2) All elections within the village shall be (Ord. No. 2008-03, § 3, 1-24-08) nonpartisan and no ballot shall contain any ref- erence to or insignia of any political party. Sec. 10-77. Reserved. (Code 1970, § 12-34; Ord. No. 2008-03, § 2, 1-24- 08) Editor's note-Ord. No. 2008-03, § 2, adopted Jan. 24, 2008, deleted former § 10-6 and redesignated former § 10-9 as § 10-6. The former provisions pertained to preservation of notice of candidacy, and derived from Code 1970, § 12-30. Sec. 10-7. Early voting. The village hereby exercises its right under Florida law to exempt itself from the provisions of F.S. § 101.657, Early Voting. (Ord. No. 02-2005, § 1, 1-27-05; Ord. No. 2008-03, § 2, 1-24-08) Editor's note-Ord. No. 2008-03, § 2, adopted Jan. 24, 2008, deleted former § 10-7 and redesignated former § 10-13 as § 10-7. The former provision pertained to voting machines may be used; state law applicable, and derived from Code 1970, § 12-31. Secs. 10-8-10-37. Reserved. Editor's note-Ord. No. 2008-03, § 2, adopted Jan. 24, 2008, deleted former § 10-8 which pertained to direction for preparation of ballots, and derived from Code 1970, § 12-32. Said ordinance also deleted former § 10-10 which pertained to ballots public measure, and derived from Code 1970, § 12-35. Prior to the adoption of Ord. No. 2008-03, Ord. No. 27-2004, Code 1970, 12-46 12-54. Section 2 of Ord. No. 3-79 1, 2, adopted Oct. 14, 2004, repealed 10-11, 10-12, which provided "that the provisions of the general laws of the State pertained to village council to constitute canvassing board; of Florida relating to absentee voting are hereby adopted as a and protest of election returns and inspection by canvassing part of the Election Code of the Village of North Palm Beach." board, and derived from Code 1970, 12-57, 12-58. Editor's note-Ord. No. 2008-03, § 4, adopted Jan. 24, 2008, repealed the former Art. III, 10-58 10-64, which pertained to inspectors and clerks and derived from Code ARTICLE II. RESERVED* 1970, 12-22 12-28; Ord. No. 9-93, § 1, adopted March 11, 1993. SeCS. 10-38-10-57. Reserved. $Editor's note-Ord. No. 2008-03, § 3, adopted Jan. 24, 2008, repealed the former Art. N, 10-76, 10-77, and enacted *Editor's note-Ord. No. 3-79, § 1, adopted Feb. 22, 1979, anew Art. N as set out herein. The former Art. N pertained repealed 10-38 10-46, which sections constituted Art. II, to similar subject matter and derived from Code 1970, 12-15 pertaining to absentee voting. Such sections derived from and 12-18. [The next page is 671] Supp. No. 36 618 HEALTH AND SANITATION § 14-28 ARTICLE I. IN GENERAL Sec. 14-26. Frequency of collection. Secs. 14-1-14-15. Reserved. Commercial garbage shall be collected at least three (3) times a week, and with greater fre- quency and in such manner as shall be directed ARTICLE II. GARBAGE, TRASH AND by the village manager. REFUSES (Code 1970, § 18-41) DIVISION 1. GENERALLY Sec. 14-27. Charges-Generally. Secs. 14-16-14-22. Reserved. All property within the village which is im- proved by a structure for which a certificate of DIVISION 2. GARBAGE COLLECTION AND occupancy is issued after February first of any DISPOSAL year and for which garbage and trash collections are made by the village shall pay the following fees for collection and disposal of garbage and Sec. 14-23. Definition. trash during the remainder of that calendar year As used in this division, "commercial garbage" in which the certificate of occupancy is issued: shall mean every refuse accumulation of animal, (1) One- and two-family homes, four dollars fruit or vegetable matter that attends the prepa- ration, use, cooking and dealing in, or storage of and twenty-three cents ($4.23) per dwell- meats, fish, fowl, fruits or vegetables, and any ing unit per month, or fraction thereof. other matter of any nature whatsoever which is (2) Dwellings of three (3) units or more, four subject to decay and the generation of noxious or dollars and twenty-three cents ($4.23) per offensive gases or odors, or which, during or after unit per month, or fraction thereof. Where decay, may serve as breeding or feeding material a dwelling of three (3) or more units is a for flies or other germ-carrying insects. condominium and the condominium asso- (Code 1970, § 18-1) ciation or the developer of the condomin- Cross reference-Rules of construction and definitions generally, § 1-2. ium notifies the director of public works, garbage and trash fees shall be billed to Sec. 14-24. Garbage cans-Required. the individual owners of condominium units. Garbage containers at each commercial estab- lishmentwithin the village and at each multifam- (3) For commercial establishments, four dol- ily dwelling which contains three (3) or more lars and twenty-three cents ($4.23) per units shall provide dumpster-type garbage con- month, or fraction thereof. tainers which can be collected by village garbage (Code 1970, § 18-49; Ord. No. 2-74, § 1; Ord. No. vehicles using the dumpster collection method. 2006-24, § 2.E.1, 11-9-06) (Code 1970, § 18-23; Ord. No. 6-75, § 1, 6-12-75) Sec. 14-28. Same-Fee for excess amounts Sec. 14-25. Same-To be kept covered. from commercial establishments. All commercial garbage cans shall be kept tightly covered at all times, except when neces- In the event any commercial establishment has sary to lift the covers for the purpose of depositing more than two (2) cubic yards of garbage at any garbage in the garbage can or for the purpose of one (1) pickup, the occupant thereof shall pay one emptying such garbage into a garbage truck. dollar ($1.00) per cubic yard for all garbage col- (Code 1970, § 18-24) lected in excess of two (2) cubic yards. In the event any commercial establishment has more than six *Cross reference-Refuse disposal divisions, § 2-85(e). (6) cubic yards of garbage picked up during any Supp. No. 36 891 § 14-28 NORTH PALM BEACH CODE one (1) week, the occupant thereof shall pay one Total square feet is as determined by the Palm dollar ($1.00) per cubic yard for all garbage col- Beach County Property Appraiser. lected in excess of six (6) cubic yards per week. (3) Waste disposal fees shall be due and pay- (Code 1970, § 18-48) able to the village yearly in advance on October 1 of each year regardless of occupancy or use of the Sec. 14-29. Same-When and where paid. property charged. The fees shall be billed to the property owner of record as shown on the county All payments required by this division shall be tax rolls. Failure to pay the fees when due may made to the village by the fifteenth of the month result in the discontinuance of the waste removal for which service is rendered. All delinquent ac- service and/or the placing of a lien by the village counts are subject to stoppage of service without council in the amount of the fees due against the notice. If a delinquent account is not paid within property to which service is available, and/or thirty (30) days, the director of public works shall action by the village code enforcement board. cease all refuse collection for that account unless otherwise directed by the village manager. Ser- (4) The collection of garbage and trash by a vice shall be resumed thereafter only upon pay- private person, firm, or corporation hired for such ment of the accumulated fees for the period of purpose is prohibited except where dumpsters of collection and the period of noncollection unless greater than two-cubic-yard capacity are used. the village manager specifically directs otherwise. (Ord. No. 37-90, § 1, 10-25-90; Ord. No. 34-91, § 1, The stoppage of service herein authorized for 11-14-91; Ord. No. 18-92, § 1, 10-22-92; Ord. No. nonpayment of collection charges shall be in ad- 19-94, § 1, 10-13-94; Ord. No. 8-96, § 1, 2-8-96; dition to the right of the village to proceed for the Ord. No. 3-98, § 1, 1-8-98; Ord. No. 29-2000, § 1, collection of such unpaid charges in a manner 9-28-00; Ord. No. 29-2002, § 1, 10-10-02; Ord. No. provided by law. 2006-20, § 2, 9-; Ord. No. 2006-28, § 2, 12-14-06- (Code 1970, § 18-53; Ord. No. 2-74, § 2; Ord. No. 06; Ord. No. 2007-21, § 2, 12-13-07) 2006-24, § 2.E.2, 11-9-06) Secs. 14-31-14-36. Reserved. Sec. 14-30. Commercial use property waste disposal fees and collection pro- DIVISION 3. ABANDONED, INOPERATIVE cedures. AND JUNKED PROPERTY* (1) For purposes of this section, commercial Sec. 14-37. Definitions. use property shall include all property parcels in the village upon which a building exists with the As used in this division, the following terms exception of residential use property, village- shall have the indicated meanings: owned property and other property used for gov- Motor vehicle includes all vehicles as defined in ernmental purposes. F.S. section 320.01(1), or as elsewhere defined in the Florida Statutes, and shall include, in addi- (2) Annual disposal fees for garbage and trash tion, any vehicle which is self-propelled and de- and all other refuse collected by the Village of signed to travel along the ground or water and North Palm Beach shall be charged as herein shall include, but not be limited to, automobiles, provided, except as otherwise stated. buses, motor scooters, motor bicycles, motorcy- Occupancy Category Fee per Square Foot cles, trucks, tractors, go-carts, golf carts, campers, trailers and motorboats. Low $ 0.049 Private property means any real property within Medium 0.132 the village which is privately owned and which is High 0.702 not public property as defined in this section. Occupancy category is as determined by the Palm Beach County Solid Waste Authority. *Cross reference-Motor vehicles and traffic, Ch. 18. Supp. No. 36 892 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-2 Single Violation of.• Maximum Fines lage and/or its subscribers, whether ac- tual or potential, and may include without (i) Subsection (j) hereof. $350.00 limitation, increased costs of administra- (j) Subsection (k), tion, enforcement and other damages dif- hereof. $500.00 ficult to measure. (k) Subsections (m)(1)- (5), hereof. $250.00 (3) Any person who intentionally files a false (1) Subsection (m)(6) complaint against a franchisee shall be hereof. $500.00 subject to a fine, payable to the village, in (m) Subsection (n) hereof. $250.00 the amount of fifty dollars ($50.00) for the (n) Subsection (o) hereof. $250.00 first violation and one hundred dollars (o) Subsection (p) hereof. $250.00 ($100.00) for each subsequent violation. (p) Subsection (q) hereof. $250.00 (4) Intentional misrepresentation by a fran- (q) Subsection (s) hereof. $250.00 chisee in any response to a notice of proposed refund and/or fine shall be (1) Prior to assessing a fine, the village man- grounds for revocation of the franchise. ager or designee shall consider any justi- fication or mitigating factor advanced in (5) In addition to complying with the cus- franchisee's written response, including, tourer service standards set forth in this but not limited to rebates or credits to the section or in any franchise issued pursu- subscriber, acure or commencement of a ant to this section, a franchisee shall cure of the violation, and the payment of comply with all customer service stan- any penalty to Palm Beach County for the dards applicable to cable systems of the same violation. The village manager or FCC and any other applicable law govern- designee may, after consideration of the ing the operations of the cable system response of the franchisee, waive or re- within the village. If during the term of duce any proposed fine. any franchise granted pursuant to this section, the FCC modifies the customer (2) Subsequent to the notice of proposed fine service standards applicable to franchi- to franchisee and consideration of the see, the village may modify this section to franchisee's response, if any, and after reflect any such new customer service following the procedures set forth in this standards. section, the village may issue an assess- (u) The village expressly reserves the right to ment of fine. Any fine will commence as of consider violations of the customer service require- the date of the written notice specifying menu in evaluating any renewal, modification or the violation at issue. The fine shall be transfers of any franchise agreement. paid within thirty (30) days of written notice of assessment to the franchisee. (v) The village and franchisee recognize that The village may enforce payment of the the customer service standards set forth in this refund or fine in any court having juris- section reflect the current operating procedures of diction or if franchisee challenges the as- franchisee. If franchisee's current operating pro- sessment in a court of competent jurisdic- cedures change during the term of any franchise tion, within thirty (30) days of a final granted pursuant to this section, the village agrees non-appealable decision that the assess- to meet with franchisee to discuss appropriate ment is valid. This fine shall constitute modifications to such standards and to consider liquidated damages to the village for the such reasonable modifications to the standards violation and the village may enforce pay- set forth herein as requested by a franchisee to ment of the fine in any court having reflect any such new operating procedures. Upon jurisdiction. It is the intent of the village request of the franchisee, the village shall also to determine fines as a reasonable esti- discuss with franchisee the need to continue such mate of the damages suffered by the vil- regulation in light of the competition that fran- Supp. No. 36 1055 § 17-2 NORTH PALM BEACH CODE chisee may face in the provision of cable services (d) Standards. Prior to the issuance of a busi- to subscribers and to consider such reasonable ness tax receipt and as continuing operational modifications to the customer service standards standards, home occupations shall comply with set forth herein in light of the competitive envi- the following: ronment. Notwithstanding anything to the con- trary, franchisee shall be obligated to comply with ~ 1) No person shall be employed in a home this section unless modifications are agreed upon occupation who is not a permanent by the village and franchisee in writing. domiciliary resident of the dwelling unit in which the home occupation exists. (w) Subscriber privacy. (2) The floor area within a dwelling unit (1) Afranchisee shall at all times protect the devoted to a home occupation shall not privacy of all subscribers to the full extent exceed twenty-five (25) percent of the gross required by Section 631 of the Communi- floor area of the dwelling unit excluding cations Act, 47 U.S.C. § 551 and state law. porches, garages, carports and other ar- (2) Unless otherwise permitted by federal or eas which are not considered living area. state law, neither the franchisee nor its (3) The activities of a home occupation shall agents or employees shall, without the occur entirely within the dwelling unit, prior and specific written authorization of excluding accessory structures such as the subscriber involved, sell, or otherwise garages, carports and sheds. make available for commercial purposes (4) There shall be no external evidence of the the names, addresses or telephone num- existence of a home occupation within a bers of any subscriber or subscribers, or dwelling unit. Signs, displays, off street any information which identifies the indi- parking areas other than driveways nor- vidual viewing habits of any subscriber or mally required for residential use, or other subscribers. advertising of any kind are prohibited. (Ord. No. 24-2005, § 1, 9-22-05) (5) No tangible goods or services of any kind Sec. 17-3. Home occupations. shall be sold or transferred to a customer, consumer or client on the premises of a (a) Home occupations as permitted uses. Home home occupation, excluding facsimile ma- occupations shall be permitted uses within R-1 chine, telephone and /or postal transac- Single-family Dwelling District, R-2 Multiple- tions. family Dwelling District and R-3 Apartment Dwell- (6) A home occupation shall not create noise, ing District, and mixed-use ResidentiaUCommer- vibration, glare, fumes, odors, dust, smoke cial PUDs. or electromagnetic disturbances No equip- (b) Definition. Home occupation is defined to ment or processes shall be used which mean any activity for which a business tax receipt create visual or audible interference in of the Village of North Palm Beach is required by any radio or television receiver located law, which is conducted within a dwelling unit in nearby. No chemicals or chemical equip- a residential district. ment shall be used, except those that are used for domestic or household purposes. (c) Business tax receipt required. It shall be a No motor or engine power, other than violation for any person to conduct a home occu- electrically operated motors, shall be used pation without first obtaining a business tax in conjunction with such home occupation receipt therefor issued by the village. The commu- and the total horsepower of such permit- nitydevelopment department may impose reason- ted electrical motors shall not exceed three able conditions upon a business tax receipt issued (3) horsepower, or one horsepower for any for a home occupation for the purpose of insuring single motor. compliance with the standards set forth in sub- section (d). Supp. No. 36 1056 MOTOR VEHICLES AND TRAFFIC § 18-34 ARTICLE III. STOPPING, STANDING AND (4) Dump trucks; PARKING* (5) Construction equipment and vehicles, in- Sec. 18-34. Parking restricted. cluding farm tractors, backhoes, front- end loaders, cranes, cement mixers, pitch (a) Between the hours of 2:00 a. m. and 6:00 buckets or similar items; a. m. on streets where no curbing is provided, the parking of a vehicle shall not usurp more than (6) Step vans, panel trucks or other vehicles twelve (12) inches of the paved portion of the with rectangular bulk and a payload or street. carrying capacity in excess of one-ton; (b) No person shall leave any truck, trailer, (7) ~y vehicle used and designed for the boat or any vehicle of a similar type parked upon commercial sale of food or beverages; any public street or highway within the village between the hours of 12:30 a.m. and 6:00 a.m. (8) More than one (1) taxi, car service vehicle, (c) No truck with a payload or carrying capac- or limousine; ity (truck model rating) in excess of one-ton shall (g) Stretch limousines (i.e., any automobile, be parked upon a public street or highway inclu- sport utility vehicle or van for hire, and of sive of Swale area within the village; provided, original manufacture or remanufacture, however, commercial vehicles making deliveries that exceeds a seating capacity of eight (8) or pickups or otherwise servicing residential, com- mercial or industrial property within the village persons); shall have the right, if necessary, to temporarily (10) Boom or bucket trucks; park in such areas during normal business hours. (d) No truck with a payload or carrying capac- (11) Swamp buggies and half-tracks; ity (truck model rating) in excess of one-ton shall (12) Tandem wheel pickup trucks (dooley type); be parked at any time upon private property and within the village unless such truck is being utilized as part of an existing business on the (13) Vehicles that exceed eight (8) feet in height, private property; provided, however, commercial inclusive of attached equipment and ac- vehicles making deliveries or pickups or other- cessories. wise servicing residential, commercial or indus- trial property within the village shall have the (f~ In addition to the foregoing, vehicles with right, if necessary to temporarily park upon pri- commercial advertising or markings that occupy vate property during normal business hours. more than ten (10) square feet of any given side of (e) The following vehicles shall not be parked the vehicle shall not be parked overnight (from overnight (from 11:00 p.m. to 7:00 a. m.) in any 11:00 p.m. to 7:00 a. m.) in any residential zoning residential zoning district, unless parked within a district unless: fully enclosed garage: (1) The vehicle is covered with a fitted vehicle (1) Tractor trailers, and semi-trailer trucks; cover specifically manufactured for that (2) Tow trucks, wreckers or flat bed vehicle purpose; carriers; (2) The vehicle is parked within a fully en- (3) Commercial buses, school buses, or vans closed garage or otherwise screened from accommodating more than sixteen (16) view from adjacent properties and rights- passengers; of-way; or *Crossreference-Parking near a fire station or hydrant (3) The vehicle's commercial advertising Or restricted, § 12-2. markings are completely covered by mag- Supp. No. 36 1175 § 18-34 NORTH PALM BEACH CODE netic signs affixed to the vehicle that have Sec. 18-35. Recreational, boating and camp- no markings whatsoever and are the same ing equipment and personal rec- color as the base paint of the vehicle. reational use trailers; parking on (Code 1970, 24-70, 39-24; Ord. No. 4-81, § 2, residential property restricted. 3-26-81; Ord. No. 07-2005, § 1, 5-26-05; Ord. No. 15-2005, 1, 2, 7-14-05; Ord. No. 2007-19, 2, Recreational, boating and camping equipment 7, 12-13-07) in the form of travel and camping trailers, boats Editor's note-Ord. No. 2007-19, § 7, adopted Dec. 13, on trailers, boat trailers, motor homes, personal 2007, stated the following: "This Ordinance shall take effect recreational use trailers including motorcycle and on June ls, 2008°. all terrain vehicle trailers and vans, designed and Sec. 18-34.1. Vehicle, trailer or boat parking used exclusively as temporary living quarters for prohibited upon paved or un- recreation, for boating, for camping, for travel or paved area of the road right-of- for other personal recreational use, may be parked way of specific roadways. in the side or rear yard, or within completely enclosed garages on sites containing a single The parking of any vehicle, trailer or boat is family or duplex residence, subject to the follow- hereby prohibited upon the paved or unpaved ing conditions: area of the road right-of--way of those portions of the following described roadways located within (1) A maximum of two (2) pieces of such the corporate limits of the Village of North Palm equipment at a time shall be permitted on Beach, Florida: a site. State Road A-1-A; (2) Such parking shall be limited to such Prosperity Farms Road; equipment owned or leased by the occu- pant-owner or occupant-lessee of the site U.S. Highway # 1 (SR #5); concerned. Northlake Boulevard; Exception: A guest of an occupant-owner 800 Block of Lighthouse Drive; or occupant-lessee may park this equip- North side of Lighthouse Drive between Light- ment in the front yard for not more than house Bridge and one hundred (100) feet five (5) days in any fourteen-day period. east of the east right-of--way line of La- goon Drive; (3) The location for such parked equipment shall be in the rear yard or in the side North Anchorage Drive from Eastwind Drive to yard to the rear of a line established by U.S. #1 (SR #5); the front building line adjacent to the side South Anchorage Drive and Eastwind Drive yard where the equipment is located; pro- adjacent to the North Palm Beach Ele- vided, however, that on corner lots such mentary School property only during the equipment shall not be parked on the side period starting one (1) hour prior to and yard which faces a public street. ending one (1) hour after published school hours inclusive; (4) Such equipment shall, at all times, have attached a current vehicle license plate. Southerly most four hundred (400) feet of the westerly road right-of--way of Castlewood (5) When parked on the site, such equipment Drive adjacent to the First Church of shall not be used for living or sleeping Christ Scientist. quarters or for housekeeping or storage (Ord. No. 8-92, § 1, 6-25-92; Ord. No. 25-93, § 1, purposes and shall not have attached 10-14-93; Ord. No. 19-96, § 1, 5-23-96; Ord. No. thereto any water, sewer, electric or gas 9-99, § 1, 2-11-99) service connection. Editor's note-Ordinance No. 8-92, adopted June 25, 1992, did not specifically amend this Code; hence, inclusion of Exception: Guest equipment as defined in § 1 as § 18-34.1 was at the discretion of the editor. SubS8Ct10n (2). Supp. No. 36 1176 MOTOR VEHICLES AND TRAFFIC § 18-38 (6) Such equipment shall not exceed the max- park a vehicle in violation of signs regulating or imum length, width, height and weight prohibiting the stopping, standing or parking of permitted under applicable provisions of vehicles. the motor vehicle laws of the State of Florida; provided, however, the maximum Sec. 18-37. Violations; fines-Handicap length shall not exceed thirty (30) feet spaces. and the maximum height shall not exceed The fine for stopping, standing or parking in ten (10) feet. handicap parking spaces in violation of F.S. sec- (7) Such equipment shall be secured so that tions 316.1955, 316.1956 shall be in the amount of it will not be a hazard or menace during one hundred dollars ($100.00). high winds or hurricanes. At least four (4) (Ord. No. 32-90, § 1, 8-9-90) hurricane ground anchors shall be avail- Editor°s note-Ordinance No. 32-90, adopted Aug. 9, able at each site for each piece of equip- 1990, did not specifically amend this Code; hence, inclusion of ment where such equipment is stored § 1 as § 18-37 was at the discretion of the editor. pursuant to this Code. Sec. 18-38. Same-Non-handicap spaces. (8) All such equipment, when parked in the The fine for stopping, standing and parking a side yard, shall be visually screened from vehicle in violation of provisions, other than hand- the view of properties adjacent to the side icap parking provisions, of this article shall be in yard and street rights-of--way with an the amount of twenty-five dollars ($25.00). opaque wall, fence, gate or hedge to a (Ord. No. 40-90„ § 1, 12-13-90; Ord. No. 5-96, § 1, height of six (6) feet and to the length and 1-25-96) width of such equipment. When such equip- Editor°s note-Ordinance No. 40-90, adopted Dec. 13, ment is parked in the rear yard of a corner 1990, did not specifically amend this Code; hence, inclusion of lot, the equipment shall be visually § 1 as § 18-38 was at the discretion of the editor. screened from the view of the side street right-of--way. Such walls, gates or fences shall be constructed in accordance with section 45-36(D). (9) The village council finds that, as a matter of fact, recreational and camping equip- ment is a customary accessory use of the land in R-1 and R-2 zoning districts in the village. (10) Such parked equipment shall not be used in the course of any commercial activity. For this purpose, commercial activity shall include any type of business or activity which is conducted on or off the subject premises. (Code 1970, § 30-1; Ord. No. 26-72, § 1; Ord. No. 11-79, § 1, 6-14-79; Ord. No. 27-93, § 1, 12-9-93; Ord. No. 38-97, § 1, 8-28-97; Ord. No. 33-99, § 1, 10-28-99) Sec. 18-36. Parking in violation of signs. It shall be unlawful, when signs have been erected giving notice thereof, to stop, stand or [The next page is 1225] Supp. No. 36 1177 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 ch. 177 App. B, Art. I, 1.01 et seq. 1-2 § 36-2 ch. 22F App. B, Art. II, App. B, Art. II, § 36-10 § 36-8 ch. 39 App. C, § 45-2 App. B, Art. II, Ch. 50 2-181 § 36-15 50.041 2-181 App. B, Art. N, 50.051 2-181 § 36-27 55.03 29-5(a) ch. 185 2-167 ch. 98 Ch. 10 185.06(1)(b) 2-166 101.657 10-7 185.08 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 29-3 175.101 26-17 ch. 373 19-200 Supp. No. 36 2819 NORTH PALM BEACH CODE Section Section this Code 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. 36 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. 2007-19 12-13-07 2, 7 18-34 3 2-173 2007-20 12-13-07 2 Rpld 9-16 9-21 3 9-16 9-19 2007-21 12-13-07 2 14-30(2) 2008-01 1-10-08 2 6-115(F) 2008-02 1-10-08 2 2-148 2008-03 1-24-08 2 10-5 Dltd 10-6 10-8 Rnbd 10-9 as 10-6 Dltd 10-10 Rnbd 10-13 as 10-7 4 Rpld 10-58 10-64 3 10-76 Rpld 10-77 2008-04 1-24-08 2 5-83 5-85 [The next page is 2933] Supp. No. 36 2891 CODE INDEX Section Section A ALARMS (Confd.) ABANDONMENT Exemptions 19-218 False alarms Abandoned, inoperative and junked prop- Excessive false alarms declared public erty 14-37 et seq. nuisance........................ 19-212 See: GARBAGE AND TRASH Service charge; collection 19-213 Boats Fire division equipment; fire alarm system 12-53 Boat launching area; abandoned boats Identification required 19-215 and equipment 5-36, 5-37 System standards....................... 19-219 Generally 5-8 Telephone trunk lines Dogs, other animals 4-10 Interference with public safety depart- ACTS BY AGENTS went telephone trunk lines prohib- Definitions and rules of construction 1-2 ited 19-215 Violation and penalty 19-214 ADMINISTRATIVE CODE Audit committee 2-56 et seq. ALCOHOLIC BEVERAGES See: AUDITS Consumption on playgrounds and public Bonds required of certain officers 2-42 parks 3-3 Definition 2-39 Nudity, partial nudity, sexual conduct; pro- Departmental organization 2-40 hibited at alcoholic beverage estab- Oaths of office lishments 3-4 Chief administrator and officers, form of Sales restricted; hours of sale 3-2 oath 2-41(b) State law definitions adopted............ 3-1 Members of department of public safety, Zoning form of oath 2-41(c) Location of business for retail sales of Persons required to take oath of office . 2-41(a) alcoholic beverages 45-20(2), Policy and procedures 45-36.N Department heads 2-43(b) C-3 Regional Business District...... 45-34.1(9) Departments 2-43(c) AMBULANCES Officers 2-43(a) Definition 17-50 ADULT ENTERTAINMENT ESTABLISH- Unlawful operation 17-51 MENTS AMUSEMENTSANDAMUSEMENTPLACES Zoning regulations re. See: ZONING (Ap- Coin-operated amusements; proximity to pendix C) schools restricted 19-4 ADVERTISING Handbills; distribution restricted......... 19-7 AND, OR Noise control policy re loudspeakers and Definitions and rules of construction 1-2 devices for advertising 19-105 ANIMALS AND FOWL Signs and outdoor displays 6-110 et seq. Abandonin 4-10 g See: SIGNS AND BILLBOARDS Birds AFFIDAVITS Molesting songbirds 4-9 Home occupations; local business tax Village designated bird sanctuary; hunt- Affidavit of applicant required......... 17-3(e) ing prohibited 4-2 Cats. See herein: Dogs and Cats AFFIRMATION. See: OATH,AFFIRMATION, Code enforcement board, applicability re.. 2-173 SWEAR OR SWORN Contagious diseases, animals with 4-11 Cruelty to animals 4-7 AGREEMENTS. See: CONTRACTS AND Definitions 4-1 AGREEMENTS Dogs and cats ALARMS Collar and tag Alarm business central office required.... 19-215 Required 4-25 Alarm permit required 19-208 Unauthorized removal 4-26 Application for 19-209 Impoundment Issuance 19-211 Disposition upon owner's failure to Terms; fees; nontransferable 19-210 redeem 4-30(d) Audible alarms 19-216 Notice............................. 4-30(b) Code enforcement board, enforcement Redemption by owner 4-30(c) through 19-217 Required.......................... 4-30(a) Definitions 19-207 Inoculation 4-24 Supp. No. 36 2935 NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Confd.) APPEARANCE PLAN (Appendix A) (Confd.) Prohibited in certain areas; exceptions . 4-27 Maintenance for good appearance Rabies control. See herein that subject Buildings and appurtenances.......... VII(B) Registration 4-24 Public property....................... VII(C) Running at large Site VII(A) Cats 4-28(c) Participation and incentives VI Dogs on property of others.......... 4-28(b) Statement of policy II Dogs on streets and sidewalks 4-28(a) Vicious, biting and attacking dogs 4-29 ARCHAEOLOGICAL SITE PROTECTION Waste removal Appeals 21-107 Persons walking dogs responsible for Applicability 21-102 removal of waste 4-31 Archaeological review, development sub- Waste-removal implements, persons ject to 21-104 walking dog to carry 4-32 Certificate to dig 21-105 Enforcement Cost 21-106 General enforcement 4-5 Definitions 21-103 Hinderin enforcement 4-4 Hearing 21-108 g Fight, causing animals to 4-8 Intent.................................. 21-101 Keeping certain animals prohibited; excep- Purpose 21-101 tion 4-6 Violations and penalties................. 21-108 Killing 4-3 ASSEMBLIES Molesting songbirds or domestic pets 4-9 Meetings of boards and commissions; ad- Noise control policy re animal noises 19-107 Nuisances, animals creatin 4-12 journment of 2-3 g ' ' ' ' ' ' ' ' ' ' ' ' ' Meetings of specific boards, etc. See spe- Poisoning 4-3 Rabies control cific subjects Death or destruction, reporting........ 4-46 Park and recreation area; meetings and gatherings 20-22 et seq. Muzzles; when required 4-45 See: PARKS, PLAYGROUNDS AND Rabid animals RECREATION Confinement 4-43 Duty to report; impounding......... 4-44 ATLANTIC OCEAN Nuisance, declared 4-42 Regulations governing construction of docks, ANNEXATION piers in Lake Worth and Atlantic Ocean 5-85 Planning and development; filing fees and cost for voluntary annexation of land 21-2 AUDITS Audit committee ANTENNAE Access to records 2-56 Zoning regulations 45-21 Administrative services............... 2-57 APPEARANCE PLAN (Appendix A) Composition; terms; vacancies......... 2-52 (Note Section citations contained herein Created 2-51 refer to section citations found within Duties 2-54 Appendix A) Organization 2-53 Administration V Removal............................. 2-55 Areas of jurisdiction III Basis I g Criteria for appearance Building and site to adjoining area, re- BATHING lationship of IV(B) Diseased persons prohibited from bathing Building design IV(D) in public pools, etc................. 19-3 Buildings to site, relationship of....... IV(A) BICYCLES Evaluation, factors for IV(H) Landscape and site treatment......... IV(C) Park regulations 20-6 Subdivisions, required improvements re Maintenance-planning and design fac- bikeways 36-29.1 tors IV(G) Miscellaneousstrncturesandstreethard- BILLBOARDS. See: SIGNS AND BILL- ware N(F) BOARDS Signs IV(E) Defmitions VIII BIRDS. See: ANIMALS AND FOWL Supp. No. 36 2936 CODE INDEX Section Section BLOCKS BOATS, DOCKS AND WATERWAYS (Confd.) Subdivision design standards 36-18 Navigation canals 5-58 BOARDS, COMMITTEES AND COMMIS- Surety bond prerequisite to issuance SIONS. See: DEPARTMENTS AND of building permit in certain cases 5-61 OTHER AGENCIES OF VILLAGE Docks and piers BOATS, DOCKS AND WATERWAYS Construction in waters other than Abandoned boats 5-8 Lake Worth and Atlantic Ocean, Anchoring and mooring regulations governing 5-84 Limitation on anchoring and mooring in Definitions 5-81 prohibited area; mooring permit Generally 5-82 required 5-18 Lake Worth and Atlantic Ocean, reg- Mooring limitations in lagoons (private ulations governing construction docks) 5-16 in............................ 5-85 Unlawfully anchored or moored vessels Minimum design requirements...... 5-83 Claiming of vessel by owner; payment Variances 5-86 of costs 5-23 Erosion control structures Department of public safety to im- Construction 5-95 pound 5-19 Control 5-96 Owner to be notified upon impound- Definitions 5-93 ment 5-20 Permitted, when................... 5-94 Procedure in event owner cannot be Piers. See within this subheading: Docks found 5-21 and Piers Reclamation of owner after sale..... 5-24 Seawalls. See within this subheading: Unclaimed vessel to be sold; certifica- Bulkheads and Seawalls tion of sale 5-22 Definitions 5-1 Use of vessel for dwelling purposes in Disturbing other boats 5-6 prohibited area 5-25 Exhibition boats exempted from certain Authority of city to board boats violating restrictions 5-4 provisions 5-17 Flood damage prevention provisions...... 12.5-1 et seq. Boat launching area See: FLOOD DAMAGE PREVENTION Abandoned boats and equipment Fueling of marine craft 5-26 Disposition 5-36 Health and sanitation requirements Recover 5-37 Cleanliness of docks 5-11 y Designated; use restricted 5-33 Observance of village health and con- Permits required duct rules 5-10 Boats remaining for more that 24 Pollution of waterways 5-13 hours 5-35 Refuse disposal....................... 5-12 Repairs prohibited 5-34 Living aboard boats restricted 5-15 Vehicle/trailer parking in designated ar- Marine sanctuaries eas 5-35 Designation of waters as marine sanctu- Violation; penalty 5-38 aries Bulkhead lines 7-1 et seq. Area to be regulated 5-101(c) See: BULKHEAD LINES Areas designated 5-101(b) Coastal construction code 6-151 et seq. Construction of provision 5-101(d) See: COASTAL CONSTRUCTION CODE Definition 5-101(a) Code enforcement board, applicability re.. 2-173 Mooring, docking, or beaching of boats on Construction requirements public or private property without Bulkheads and seawalls permission 5-9 Compliance with provisions required 5-69 Parking Inspection required 5-73 Boating equipment; parking on residen- Permit fee 5-72 tial property restricted........... 18-35 Specifications 5-71 Prohibited parking upon right-of-way of Submission of plans and specifica- specific roadways 18-34.1 tions 5-70 Running engines, hours in residential dis- Canals tricts 5-14 Canal crossings 5-60 Searchlights, use of 5-7 Compliance with provisions required 5-56 Speed limits; wakes 5-2 Drainage canals 5-59 Subdivision provisions re waterways 36-22 et seq. General requirements 5-57 See: SUBDIVISIONS (Appendix B) Supp. No. 36 2937 NORTH PALM BEACH CODE Section Section BOATS, DOCKSAND WATERWAYS (Confd.) BUILDINGS (Confd.) Swimming in restricted waters 5-3 Missiles, throwing 19-83 Water skiing 5-5 Noise from building..................... 19-102 Waterways board 5-102 et seq. Obstructing passageway................. 19-47 BOISTEROUS CONDUCT Outdoor displays. See herein: Signs and Outdoor Displays Noisy and boisterous 19-106 park and recreation facilities; erecting build- BONDS ings or structures 20-3 Administrative code; bonds required of ter- Public land, construction on prohibited 6-1 tain officers 2-42 Signs and outdoors displays 6-110 et seq. Canal construction; surety bond prerequi- See: SIGNS AND BILLBOARDS site to issuance of building permit... 5-61 Smoke, dust, odors, liquids, etc........... 19-9 Finance director, duties re 2-59(7) Spitting in public places prohibited....... 19-5 Village manager 2-117 Stormwater management; level of fmished floor of structures 21-63 BRUSH. See: WEEDS AND BRUSH Subdivision regulations 36-1 et seq. BUILDINGS See: SUBDIVISIONS (Appendix B) Appearance code Swimming pools 25-1 et seq. Appeals and review 6-35 See: SWIMMING POOLS Zoning regulations 45-1 et seq. Appearance plan 6-33 See: ZONING (Appendix C) Certificate of appropriateness Final hearings 6-57 BULKHEAD LINES Follow-up by building inspector 6-60 Code enforcement board, applicability re.. 2-173 Planning commission Established; designated 7-1 Action of 6-58 Filling operation beyond bulkhead line pro- Approval by 6-59 hibited............................ 7-2 Preliminary consideration 6-56 Filling permit Definition 6-31 Application fees...................... 7-19 Intent and purposes 6-32 Application; issuance 7-18 Planning commission, powers and du- Expiration date; renewal; revocation 7-20 ties re 6-36 public hearing prerequisite to consider- Shorttitle 6-30 ation 7-17 Appearance plan (Appendix A). See that Required 7-16 subject Unlawful fill; removal 7-3 Coastal construction code 6-151 et seq. See: COASTAL CONSTRUCTION CODE BULKHEADS Code enforcement board, applicability re.. 2-173 Bulkheads and seawalls, construction re- Codes quirements re 5-69 et seq. Appearance code. See herein that sub- See: BOATS, DOCKS AND WATER- ject WAYS Building code 6-17 Coastal construction code 6-151 et seq. BUSINESS REGULATIONS Electrical code 11-11, 11-12 Ambulances 17-50, 17-51 Energy efficiency building code 6-150 Businesses located outside village limits Fire prevention code 12-16 et seq. Application for certificate of regulation. 17-34.2 Housing code 15-1, 15-2 Certificate of business regulation re- Country club 9-1 et seq. quired; basis of one year 17-34 See: COUNTRY CLUB Commercial vehicles, marking of 17-34.13 Electrical code 11-11, 11-12 Compliance by principal deemed compli- Energy efficiency building code ante by agent 17-34.8 Adopted by reference 6-150 Delinquency penalty.................. 17-34.4 Flood damage prevention 12.5-1 et seq. Doing business not covered by certifi- See: FLOOD DAMAGE PREVENTION cate of regulation 17.34-7 Housing code 15-1, 15-2 Duplicate certificates of regulation..... 17-34.6 Landscaping 27-31 et seq. Duration............................. 17-34.3 See: LANDSCAPING False statements Minimum construction standards Certificate obtained void ab initio 17-34.7 Authority 6-16 Engaging in business without certifi- Codes adopted 6-17 cate of regulation or under cer- Violations and penalty 6-19 tificate issued on.............. 17-34.11 Supp. No. 36 2938 CODE INDEX Section Section BUSINESS REGULATIONS (Confd.) CAMPING Fee exemptions 17-34.10 Recreational, boating and camping equip- Fee schedule 17-34.12 ment; parking on residential property Half-year certificate 17-34.3 restricted.......................... 18-35 Issuance of certificate 17-34.3 Noncompliance of principal............ 17-34.8 CANALS Nonprofit enterprise, special permit for 17-34.5 Construction requirements 5-56 et seq. Refund of fee 17-34.9 See: BOATS, DOCKS AND WATER- Registration required 17-34.1 WAYS Renewal 17-34.4 CATS Suspension or revocation of certificate . 17-34.9 Regulations enumerated 4-24 et seq. When due and payable 17-34.3 See: ANIMALS AND FOWL Garage and other sales 17-61 et seq. See: GARAGE AND OTHER SALES CERTIFICATES Home occupations 17-3(a) et seq. Appearance code; certificate ofappropriate- See: HOME OCCUPATIONS ness 6-56 et seq. Local business tax See: BUILDINGS Application for business tax receipt.... 17-18 Boats, docks and waterways; unlawfully Business tax exemptions 17-31 anchored or moored vessels Business tax imposed; basis of one year 17-16 Unclaimed vessel to be sold; certifica- Business tax receipt renewal; delin- tion of sale 5-22 quency penalty 17-20 Businesses located outside village limits, Business tax schedule 17-33 certificate of business regulations re. 17-34 et seq. Compliance by principal deemed compli- See: BUSINESS REGULATIONS ante by agent; noncompliance of Emergency medical services 11.5-21 principal 17-29 Historic site overlay district; certificate of Declaration where fee depends on vari- appropriateness 45-37(H) able factors within applicant's knowledge 17-23 CIVIL DISORDERS AND DISTURBANCES. Doing business not covered by receipt; See: EMERGENCY MANAGEMENT receipt obtained by false state- CLERK ments void ab initio 17-28 Duplicate receipts 17-27 Department of records, provisions re vil- Engaging in business without receipt or lage clerk and deputy village clerk 2-67 et seq. under receipt issued on false state- See: DOCUMENTS AND PUBLIC RECORDS ments 17-32 How tax construed as to specified pro- CLUBS fessions 17-21 Country club 9-1 et seq. Issuance of receipt; duration; half-year See: COUNTRY CLUB receipt; when due and payable 17-19 Marking of commercial vehicles 17-33.1 COASTAL CONSTRUCTION CODE Receipt to be posted or carried 17-26 Coastal construction requirements Special permit for nonprofit enterprise . 17-22 Location of construction 6-155(4) Suspension or revocation of receipt; re- Major structures, structural require- fund of fee 17-30 mentsfor....................... 6-155(1) Transfer of receipts to new location 17-25 Minor structures, structural require- Transfer of receipts to new owner...... 17-24 ments for 6-155(3) Wellfield protection Nonhabitable major structures, struc- Regulation of business activities with tural requirements for 6-155(2) potential to contaminate land and Public access 6-155(5) water resources 19-221 Definitions 6-154 Zoning Flood damage prevention 12.5-1 et seq. Location of business for retail sales of See: FLOOD DAMAGE PREVENTION alcoholic beverages 45-20(2), 45- Purpose................................ 6-152 36.N References 6-156 C-3 Regional Business District...... 45-34.1(9) Scope Applicability 6-153(a) C Exceptions 6-153(b) Permits, application for 6-153(c) CABLE TELEVISION. See: TELEVISION Title 6-151 Supp. No. 36 2939 NORTH PALM BEACH CODE Section Section CODE ENFORCEMENT BOARD COMMUNICATIONS (Confd.) Actions for money judgments Service tax 26-51 et seq. Limitation 2-182 See: TAXATION Alarm regulations, enforcement re 19-217 A licabilit 2-173 COMMUNITY DEVELOPMENT DEPART- PP Y Declaration of legislative intent 2-171 MENT Defmitions 2-172 Director's duties 2-111 Enforcement procedure 2-175 Divisions Fines; liens Code compliance 2-112(2) Appeals 2-180 Permits and inspections 2-112(1) Copies of orders imposing fines........ 2-178(d) Planning 2-112(3) Determination of amount of fine....... 2-178(b) COMPUTATION OF TIME Duration of lien 2-179 Definitions and rules of construction 1-2 Generally 2-178(a) Notices 2-181 CONCURRENCY MANAGEMENT Reduction of fine 2-178(c) Provisions enumerated 21-41 et seq. Hearing, conduct of 2-176 See: PLANNINGAND DEVELOPMENT Organization COUNCIL. See: VILLAGE COUNCIL Attorney 2-174(c) Officers; quorum; compensation 2-174(b) COUNTRY CLUB Qualifications and term 2-174(a) Finances Powers 2-177 Delinquent accounts; penalties 9-32 Golf advisory board 9-16 et seq. CODE OF ORDINANCES* See: GOLF ADVISORY BOARD Altering Code 1-7 Premises Amendments 1-6 Disfiguration and/or removal of building Catchlines 1-3 or other property................ 9-1(1) Court cost Enforcement 9-2 Assessment of additional court costs for Hours 9-1(2) criminal justice education expendi- Signs 9-2 tures 1-9 Violations and penalties 9-2 Defmitions and rules of construction 1-2 Designated and cited 1-1 COUNTY References to chapters or sections........ 1-3 Definitions and rules of construction 1-2 Repeal of ordinances, effect of............ 1-4 COURTS Severability of parts 1-5 Court cost Village clerk, duties re recording ordi- Assessment of additional court costs for nances 2-67(3) criminal justice education expendi- Village logo 1-10 tures........................... 1-9 Violations and penalty 1-8 COIN-OPERATED AMUSEMENTS D Proximity to schools restricted 19-4 DECALS COMBAT AUTO THEFT (CAT) Combat Auto Theft (CAT) 18-19 Establishment, regulations 18-19 DEPARTMENTS AND OTHER AGENCIES COMMITTEES, COMMISSIONS. See: DE- OF VILLAGE PARTMENTSAND OTHERAGENCIES Administrative code 2-39 et seq. OF VILLAGE See: ADMINISTRATIVE CODE Appearance board. See: APPEARANCE COMMUNICATIONS PLAN (Appendix A) Telecommunications Audit committee 2-56 et seq. Generally 29-1 et seq. See: AUDITS See: TELECOMMUNICATIONS Boards and committees 2-1 Code enforcement board 2-171 et seq. *Note-The adoption, amendment, repeal, omissions, effec- Community development department..... 2-111 et seq. tive date, explanation of numbering system and other matters See: COMMUNITY DEVELOPMENT pertaining to the use, construction and interpretation of this DEPARTMENT Code are contained in the adopting ordinance and preface Finance, department of 2-59 which are to be found in the preliminary pages of this volume. See: FINANCES Supp. No. 36 2940 CODE INDEX Section Section DEPARTMENTS AND OTHER AGENCIES DOCUMENTS AND PUBLIC RECORDS OF VILLAGE (Confd.) (Confd.) Fire and police retirement board of trust- Expiration of term, notice of 2-67(7) ees 2-164 et seq. Official seal, keeping............... 2-67(8) See: PENSIONS AND RETIREMENT Record ordinances 2-67(3) Fire division 12-29 et seq. Village council See: FIRE PREVENTION AND PRO- Keep records of council 2-67(2) TECTION Public council action 2-67(4) General employees retirement board 2-151 et seq. Serve as clerk of council 2-67(1) See: PENSIONS AND RETIREMENT Vital statistics, keeping 2-67(6) Golf advisory board 9-16 et seq. Police division, duties re records 2-76(b)(1) See: GOLF ADVISORY BOARD Village clerk and deputy village clerk. See Library board 16-16 et seq. herein: Department of Records Library, department of 2-93 Meetings of boards and commissions; ad- DOGS journment of 2-3 Regulations enumerated................. 4-24 et seq. Meetings of specific boards, etc. See spe- See: ANIMALS AND FOWL cific subjects DRAINAGE Planning and development board ofadjust- Stormwater management 21-61 et seq. ment 21-21 See: STORMWATER MANAGEMENT Planning commission 21-11, 21-12 Subdivision design standards re easements Public safety, department of 2-75, 2-76 and ri hts-of-wa 36-22 b g Y ( ) See: PUBLIC SAFETY DEPARTMENT Zoning; surface water management Public works, department of 2-84, 2-85 C-3 Regional Business District 45-34.1(8) See: PUBLIC WORKS DEPARTMENT Records, department of 2-67 et seq. DROUGHT See: DOCUMENT AND PUBLIC Water shortage emergencies 19-200 et seq. RECORDS See: WATER SHORTAGE EMERGEN- Recreation department 2-110 LIES Recreation advisory board 20-61 et seq. See: PARKS, PLAYGROUNDS AND E RECREATION ELECTIONS Reserve police force 23-42 et seq. See: POLICE Candidacy Village council 2-16 et seq. Candidates for office; qualifying 10-5 Waterways board 5-102 et seq. Preservation of notice of candidacy 10-6 Conduct of elections 10-6 DEVELOPMENTS. See: PLANNINGAND DE- Early voting 10-7 VELOPMENT General elections, notice of 10-3 Polling locations DISABLEDAND HANDICAPPED PERSONS Designated 10-76 Applicability of dog prohibitions to guide Special elections and service dogs 4-27(d) Notice of............................. 10-4 Parking violations re handicap spaces.... 18-37 When held 10-2 DISTRICTS State laws Applicable state laws adopted 10-1 Zoning regulations 45-16 et seq. Voting machines may be used; state law See: ZONING (Appendix C) applicable 10-7 DISTURBANCES. See: CIVIL DISORDERS Village clerk, duties re keeping election AND DISTURBANCES records 2-67(5) Voting machines may be used; state law DOCKS. See: BOATS, DOCKS AND WATER- applicable 10-7 WAYS ELECTRICAL CODE DOCUMENTS AND PUBLIC RECORDS Amendments, corrections, additions 11-12 Department of records Code enforcement board, applicability re.. 2-173 Deputy village clerk ELECTRONIC AUDIO EQUIPMENT Appointment 2-68 Noise control 19-104 Duties 2-69 Village clerk; duties EMERGENCIES Election records, keeping........... 2-67(5) Ambulances 17-50, 17-51 Supp. No. 36 2941 NORTH PALM BEACH CODE Section Section EMERGENCIES (Confd.) FINANCES Emergency management 8-1 et seq. Budget procedures 2-2 See: EMERGENCY MANAGEMENT Country club Emergency medical services Delinquent accounts; penalties 9-32 Fees Court cost Billing and collection 11.5-23 Assessment of additional court costs for Establishment 11.5-22 criminal justice education expendi- Generally 11.5-21 tures........................... 1-9 Fire division 12-29 et seq. Department of finance See: FIRE PREVENTION AND PRO- Finance director; duties TECTION Accounts of receipts and expendi- Water shortage emergencies 19-200 et seq. tures......................... 2-59(8) See: WATER SHORTAGE EMERGEN- Budget duties 2-59(2) LIES Cancellation of evidences of old debt 2-59(9) Collect moneys and fees due village . 2-59(12) EMERGENCY MANAGEMENT Examine books 2-59(6) Applicability 8-2 Financial statements............... 2-59(3) Civil disorders and disturbances Fiscal supervision over officers...... 2-59(5) Declaration of a state of emergency.... 8-22 Keep accounts 2-59(4) Mayor designated local authority for pres- ervation of public peace 8-21 Pay village employees 2-59(11) Prescribe form 2-59(1) Declaration of a state of emergency 8-5 Definitions 8.1 Receive and disburse moneys 2-59(10) Emergency management structure 8.3 Responsibility for proceeds of bonds . 2-59(7) Powers, duties and responsibilities 8.4 Investment policy of the village 2-4 Termination of a state of emergency...... g_g Pensions and retirement. See also that subject EMPLOYEES. See: OFFICERS AND EM- Length of service award plan for volun- PLOYEES teer firefighters 2-170 et seq. Pension and certain other benefits for ENCLOSURES. See: FENCES, WALLS, fire and police employees 2-159 et seq. HEDGES AND ENCLOSURES Pension and certain other benefits for ENERGY EFFICIENCY BUILDING CODE general employees 2-146 et seq. Adopted by reference 6-150 Planning and development; filing fees and cost for changes 21-1, 21-2 ENGINE EXHAUST Social securit 2-136 et se y q. Noise control policy 19-108 See: SOCIAL SECURITY EROSION CONTROL STRUCTURES Taxation. See that subject Construction regulations 5-93 et seq. Village manager 2-118 See: BOATS, DOCKS AND WATER- FINES, FORFEITURES AND OTHER PEN- WAYS ALTIES EXCAVATIONS Code enforcement board; fines and liens 2-178 Bulkhead lines 7-1 et seq. Code of ordinances, provisions re general See: BULKHEAD LINES penalty and continuing violations 1-8 Stormwater management 21-61 et seq. Parking violation 18-37, 18-38 See: STORMWATER MANAGEMENT Pension and certain other benefits for fire Street excavations 24-16 et seq. and police employees See: STREETS, SIDEWALKS AND PUB- Board of trustees for; forfeiture of mem- LIC PLACES bership on board for absenteeism. 2-164(b) Contributions; forfeitures 2-163(d) EXCRETA Dog waste, removal provisions re 4-31, 4-32 FIRE PREVENTION AND PROTECTION Barbecue grills and similar cooking devices 19-10 F Code enforcement board, applicability re.. 2-173 Department of public safety, provisions re FENCES, WALLS, HEDGES AND ENCLO- fire division 2-76(c) SURES See: PUBLIC SAFETY DEPARTMENT Landscaping 27-31 et seq. Fire division See: LANDSCAPING Composition 12-30 Swimming pool requirements 25-5 Created; functions 12-29 Supp. No. 36 2942 CODE INDEX Section Section FIRE PREVENTION AND PROTECTION FLOOD DAMAGE PREVENTION (Confd.) (Confd.) Development permit Emergency medical technician volun- Required 12.5-22 teers 12-32 Findings of fact......................... 12.5-2 Equipment Flood hazard reduction provisions Acquisition 12-52 Coastal high hazard areas 12.5-44 Fire alarm system 12-53 General standards Generally 12-51 Anchoring......................... 12.5-41(1) Housing 12-54 Construction materials and methods 12.5-41(2) Private use of equipment 12-55 Enclosures below lowest floor 12.5-41(6) Tampering with equipment 12-56 Mechanical and utility equipment... 12.5-41(5) Impersonating fireman 19-8 Subdivision proposals 12.5-41(4) Motor equipment and members' cars des- Utilities 12.5-41(3) ignated emergency vehicles 12-31 Regulatory floodways 12.5-43 Personnel Sand dunes and mangrove stands 12.5-45 Badges 12-41 Specific standards Car insignia 12-42 Nonresidential construction......... 12.5-42(2) Other officers accountable to chief... 12-39 Residential construction............ 12.5-42(1) Police assistance 12-43 Interpretation 12.5-9 Special police powers 12-40 Lands to which provisions applies........ 12.5-6 Volunteer firefighters, length of service Methods of reducing flood losses 12.5-4 award plan for 2-170 et seq. Noncompliance, penalties for 12.5-11 See: PENSIONSAND RETIREMENT Statement of purpose and objectives...... 12.5-3 Florida fire prevention code Statutory authorization 12.5-1 Adopted by reference 12-16 Variance procedure 12.5-24 Fire inspection fee schedule 12-17 FLORIDA, STATE OF. See: STATE Hazardous substances, cost recovery for cleanup, abatement and removal of FOLLOWING, PRECEDING Authority of public safety department.. 12-102 Definitions and rules of construction 1-2 Cost reimbursement to village......... 12-103 Defmitions 12-101 FOOD AND FOOD PREPARATION Exceptions for fire suppression services 12-105 Barbecue grills and similar cooking devices 19-10 Late fee for failure to reimbursement 12-106 FORFEITURES. See: FINES, FORFEITURES Records 12-104 AND OTHER PENALTIES Remedies 12-107 Pension and certain other benefits for fire FOWL. See: ANIMALS AND FOWL and police employees 2-159 et seq. FRANCHISES See: PENSIONS AND RETIREMENT Enumerated. See Appendix D FIREARMS AND WEAPONS Use of rights-of-way for utilities.......... 28-1 et seq. Concealed wea ons, carr in 19-184 See: UTILITIES P Y g Forfeiture; disposition 19-186 Possession 19-183 G Sales restricted Record of sales required 19-185(c) GAMBLING Animals, causing to fight 4-8 Specified weapons, display and sale of . 19-185(b) Switchblade knives prohibited......... 19-185(a) GARAGE AND OTHER SALES Stench bombs prohibited 19-82 Gara e sales 17-61 g See: STENCH BOMBS Permit required 17-62 Violations and penalties 17-63 FLOOD DAMAGE PREVENTION Abrogation and greater restrictions 12.5-8 GARBAGE AND TRASH Areas of special flood hazard Abandoned, inoperative and junked prop- Basis for establishment 12.5-7 erty Warnings regarding designations...... 12.5-10 Defmitions 14-37 Building official Disposition of property 14-48 Designated as flood damage control ad- Hearing ministrator 12.5-21 Procedure for hearing.............. 14-45 Duties and responsibilities 12.5-23 Request for hearing 14-44 Definitions 12.5-5 Impounded property, redemption of 14-51 Supp. No. 36 2943 NORTH PALM BEACH CODE Section Section GARBAGE AND TRASH (Confd.) HAZARDOUS SUBSTANCES Liability of owner or occupant 14-52 Recovery of costs for cleanup, abatement Notices and removal 12-101 et seq. Content of notice 14-42 See: FIRE PREVENTION AND PRO- Contents of public sale notice 14-49 TECTION Notice of removal 14-47 Notice to remove 14-40 HEALTH AND SANITATION Procedure 14-41 Animals and fowl, provisions re 4-11 et seq. Prima facie evidence of violation....... 14-39 See: ANIMALS AND FOWL Prohibited conditions; enumerated ex- Bathing regulations ce tions 14-38 Diseased persons prohibited from bath- p Public sale 14-50 ing in public pool, etc............ 19-3 Removal of property from premises 14-46 Boats, docks, etc., provisions re 5-10 et seq. Responsibility for removal 14-43 See: BOATS, DOCKS AND WATER- Boats; refuse disposal 5-12 WAYS Garbage collection and disposal Code enforcement board, applicability re.. 2-173 Charges Garbage and trash 14-23 et seq. Commercial use property waste dis- See: GARBAGE AND TRASH posal fees and collection proce- Park and recreation facilities; failure to dures cooperate in keeping restrooms neat 14-30 Fee for excess amounts from commer- or sanitary 20-2 cial establishments 14-28 Rabies control 4-42 et seq. Generall See: ANIMALS AND FOWL y 14-27 Weeds and brush 14-79 et seq. When and where paid 14-29 See: WEEDS AND BRUSH Definition 14-23 Frequency of collection 14-26 HEDGES. See: FENCES, WALLS, HEDGES Garbage cans AND ENCLOSURES Kept covered 14-25 Required 14-24 HITCHHIKING Landscaping; refuse container areas...... 27-41 Prohibitions 19-6 Public works department HOME OCCUPATIONS Refuse disposal division 2-85(2) Customer service requirements and perfor- Weeds and brush 14-79 et seq. mance standards................... 17-2 See: WEEDS AND BRUSH Definitions 17-3(b) Effective date 17-3(i) GATHERINGS. See: ASSEMBLIES Local business tax. See also that subject GENDER Generally 17-16 et seq. Defmitions and rules of construction 1-2 Home occupation provisions 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 Boats, docks and waterways; anchoring HANDBILLS and mooring Distribution restricted 19-7 Use of vessel for dwelling purposes in prohibited area 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 board, applicability re.. 2-173 Supp. No. 36 2944 CODE INDEX Section Section I LAND (Confd.) IMPERSONATION Planning and development 21-01 et seq. See: PLANNINGAND DEVELOPMENT Impersonating police officer; fireman or Subdivision regulations 36-1 et seq. other village official 19-8 See: SUBDIVISIONS (Appendix B) IMPOUNDMENT LANDSCAPING Abandoned, inoperative and junked prop- Accessways 27-36 erty Redemption of impounded property 14-51 Appearance plan (Appendix A). See that subject Boats, docks and waterways; unlawfully Application of provisions; enforcement.... 27-33 anchored or moored vessels Certain yard areas, off-street parking and Department of public safety to im- other vehicular use areas pound 5-19 Existing plant material 27-67 Owner to be notified upon impound- Installation 27-60 ment 5-20, 5-21 Maintenance......................... 27-61 Dogs and cats 4-30 parking area interior landscaping 27-65 INDECENCY AND OBSCENITY Perimeter landscaping relating to abut- Adult entertainment establishments ting properties 27-64 Zoning regulations re. See: ZONING (Ap- Plant material pendix C) Ground covers 27-62(e) Alcoholic beverage establishments; nudity, Lawn grass 27-62(f) partial nudity, sexual conduct prohib- Quality 27-62(a) ited 3-4 Shrubs and hedges................. 27-62(c) To less costumes 19-64 Tree species 27-62(b) p Vulgarlanguage 19-65 Vines 27-62(d) Window peeping 19-66 Required landscaping adjacentto public rights-of-way 27-63 INSURANCE EXCISE TAXES Sco e, a licabilit 27-59 P PP Y Casualty insurance premiums 26-16 Sight distance adjacent to public rights- Property insurance premiums............ 26-17 of-way and points of access....... 27-66 INTRACOASTAL WATERWAY Certificate of completion 27-35 Marine sanctuary, designation as 5-101 Code enforcement board, applicability re.. 2-173 Completed landscaping required for certif- INVESTMENTS icate of use and occupancy.......... 27-37 Investment policy of the village 2-4 Definitions 27-31 Improved nonresidential properties in ex- J istence on September 23, 1971 Applicable requirements 27-40(b) JOINT AUTHORITY Exceptions 27-40(c) Definitions and rules of construction 1-2 Objectives 27-40(a) JUNK Planning commission, submission ofplans Abandoned, inoperative and junked prop- to 27-40(d) 14-37 et se Objectives 27-32 erty q' Off-street parking landscape manual 27-38 See: GARBAGE AND TRASH Plot use plan approval prerequisite to issu- ance of permits for building and pav- H ing 27-37 KNIVES. See: FIREARMS AND WEAPONS Refuse container areas 27-41 Scope; applicability 27-34 L Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH LAKE WORTH Zoning ordinance, conflict with........... 27-39 Marine sanctuary, designation as 5-101 LIBRARY Regulations governing construction of docks, piers in Lake Worth and Atlantic Damaging property unlawful 16-1 Ocean 5-85 Department of library Librarian 2-93 LAND Library board Buildings; construction on public land pro- Appointment 16-17 hibited 6-1 Compensation, service without........ 16-20 Supp. No. 36 2945 NORTH PALM BEACH CODE Section Section LIBRARY (Confd.) LOUDSPEAKERS Composition 16-17 Noise control policy re loudspeakers and Established 16-16 devices for advertising 19-105 Meetings 16-23 Organization 16-21 M Powers and duties 16-22 Qualifications 16-19 MANAGER. See: VILLAGE MANAGER Removal from office 16-24 Term of office 16-17 MANGROVE STANDS Vacancies 16-18 Flood damage prevention provisions...... 12.5-45 LICENSES AND PERMITS MAPS. See: SURVEYS, MAPS AND PLATS Alarm permit 19-208 et seq. MARINE SANCTUARIES See: ALARMS Designated 5-101 Boat launching area permits 5-34 Boats, docks and waterways MAY, SHALL Limitation on anchoring and mooring in Definitions and rules of construction 1-2 prohibited area; mooring permit required 5-18 MAYOR Bulkhead lines; filling permit 7-16 et seq. Civil disorders and disturbances See: BULKHEAD LINES Mayor designated local authority for pres- Bulkheads and seawalls 5-72 ervation of public peace 8-21 Code enforcement board, applicability re.. 2-173 Village council; presiding officer at meet- Community development department ings 2-18 Permits and inspections 2-112(1) MEASURES. See: WEIGHTS AND MEA- Driveways. See herein: Sidewalk and Drive- SURES way Permits Emergency medical services 11.5-21 MEDICAL SERVICES Flood damage prevention development per- Emergency medical services 11.5-21 et seq. mit 12.5-22 See: EMERGENCIES Garage, related sales 17-62 Home occupations. See also that subject MEETINGS. See: ASSEMBLIES Generally 17-16 et seq. MISSILES, STONES, ETC. Business tax receipt for home occupa- Throwin missiles 19-83 g tions 17-3(c)et seq. Noise control; special permits excepted 19-119 MONTH Park and recreation facilities; meeting and Definitions and rules of construction 1-2 gathering permits 20-31 et seq. See: PARKS, PLAYGROUNDS AND MONUMENTS RECREATION Subdivisions, required improvements re 36-27 Seawalls. See herein: Bulkheads and Sea- MOTOR VEHICLES AND TRAFFIC walls Sidewalk and driveway permits 24-55 et seq. Ambulances 17-50, 17-51 See: STREETS, SIDEWALKS AND PUB- Businesses located outside village limits; LIC PLACES marking of commercial vehicles 17-34.13 Street excavation permits 24-28, 24-29 Combat Auto Theft (CAT) 18-19 Swimming pool permits 25-3 Fire division, provisions re cars and desig- Utilities nated emergency vehicles........... 12-31 et seq. Use of rights-of-way for utilities; written See: FIRE PREVENTION AND PRO- permit 28-2, 28-3 TECTION Hitchhiking prohibited 19-6 LOCAL BUSINESS TAX Junked vehicles Regulations enumerated 17-16 et seq. Abandoned, inoperative andjunkedprop- See: BUSINESS REGULATIONS erty 14-37 et seq. LOGO See: GARBAGE AND TRASH Local business tax; marking of commercial Village logo 1-10 vehicles 17-33.1 LOTS Motorized scooters 18-20 Subdivision design standards 36-18 Noise control policy, provisions re 19-103 et seq. Zoning regulations 45-1 et seq. See: NOISE See: ZONING (Appendix C) Park regulations re traffic 20-5 Supp. No. 36 2946 CODE INDEX Section Section MOTOR VEHICLESAND TRAFFIC (Confd.) NOISE (Confd.) Parking. See herein: Stopping, Standing Voluntary compliance 19-115 and Parking Public safety department NUDITY Police division, provisions re traffic 2-76(b)(5) Topless costumes prohibited 19-64 Stopping, standing and parking NUISANCES Parking restricted 18-34 Abandoned, inoperative and junked prop- Recreational, boating and camping equip- ert 14-37 et se y q. went, and personal recreational use See: GARBAGE AND TRASH trailers; parking on residential prop- Animals creating nuisances 4-12 erty restricted 18-35 False alarms Signs, parking in violation of.......... 18-36 Excessive false alarms declared public Vehicle, trailer or boat parking prohib- nuisance 19-212 ited upon paved or unpaved area of Rabid animals declared nuisance......... 4-42 the road right-of-way of specific Weeds and brush 14-79 et seq. roadways 18-34.1 See: WEEDS AND BRUSH Violations; fines Handicap spaces 18-37 NUMBER Non-handicap spaces 18-38 Definitions and rules of construction 1-2 Vehicular operation Speed limits p Generally 18-16 Weight limitations on certain roads 18-18 OATH, AFFIRMATION, SWEAR OR SWORN Administrative code, provisions re oaths of MUSICAL INSTRUMENTS office 2-41 Noise control 19-104 Definitions and rules of construction 1-2 General employees retirement board; oaths N of office 2-154 Reserve police force; oath required 23-47 NOISE Animal noises 19-107 OBSCENITY. See: INDECENCY AND OB- Buildings, premises or property SCENITY Noise from 19-102 Code enforcement board, applicability re.. 2-173 OBSTRUCTIONS Conduct, nois and boisterous 19-106 Passageways, obstructing 19-47 y Construction activity, permissible time for 19-111 OFFENSES Definitions 19-99 Definitions 19-1 Electronic audio equipment 19-104 Enumerated............................ 19-3 et seq. Enforcement See also specific offenses as indexed Authority 19-116 State misdemeanors ado ted 19-2 p Procedure All other noises 19-117(b) OFFICERS AND EMPLOYEES Motor vehicle noise enforcement, op- Administrative code 2-39 et seq. erating 19-117(a) See: ADMINISTRATIVE CODE Engine exhaust 19-108 Definitions and rules of construction 1-2 Exemptions 19-120 Elections............................... 10-1 et seq. Fixed mechanical equipment 19-112 See: ELECTIONS Horns and signal devices 19-103 Finance director 2-59 Loading, unloading and unpacking 19-110 Golf advisory board 9-16 et seq. Loudspeakers and devices for advertising. 19-105 See: GOLF ADVISORY BOARD Measurement procedure 19-113 Impersonating village official 19-8 Musical instruments 19-104 Librarian............................... 2-93 Noise control measurement standards other Mayor 2-18, 8-16 than motor vehicle noise standards.. 19-118 Pensions and retirement. See also that Noise control policy 19-100 subject Periods of observation 19-114 Length of service award plan for volun- Radios 19-104 teer firefighters 2-170 et seq. Special permits excepted 19-119 Pension and certain other benefits for Unnecessary, excessive or offensive noise fire and police employees 2-159 et seq. Unlawful to make 19-101 Pension and certain other benefits for Vehicle defect or condition of load 19-109 general employees 2-146 et seq. Supp. No. 36 2947 NORTH PALM BEACH CODE Section Section OFFICERS AND EMPLOYEES (Confd.) PARKS, PLAYGROUNDSAND RECREATION Social security 2-136 et seq. (Cont'd.) Public safety director 2-75 Enforcement of provisions, responsibility . 20-7 Public works director 2-84 Golf advisory board 9-16 et seq. Recreation director 2-110 See: GOLF ADVISORY BOARD Social security 2-136 et seq. Hours regulated 20-1 See: SOCIAL SECURITY Meetings and gatherings Village clerk and deputy village clerk..... 2-67 et seq. Liability for loss or injury 20-23 See: DOCUMENTS AND PUBLIC Permit RECORDS Appeal from refusal to issue 20-35 Village manager 2-115 et seq. Application........................ 20-33 See: VILLAGE MANAGER Form 20-32 Issuance standards 20-34 OFFICIAL TIME Required 20-31 Defmitions and rules of construction 1-2 Revocation 20-36 OPEN SPACES. See: YARDS AND OPEN Rules and regulations, permittee bound SPACES by 20-22 Property used to violate provisions, confis- OR, AND cation of 20-9 Defmitions and rules of construction 1-2 Recreation advisory board ORDINANCES. See: CODE OF ORDI- Created 20-61 NANCES Duties 20-66 Meetings 20-65 OWNER Officers' quorum, compensation........ 20-64 Defmitions and rules of construction 1-2 Removal 20-63 Terms 20-62(b) P Vacancies 20-62(c) Restrooms, failure to cooperate in keeping PALM BEACH COUNTY. See: COUNTY neat or sanitary 20-2 Traffic PARKING Enforcement of traffic regulations 20-5(2) Boat launching area Operation confined to roads 20-5(5) Vehicle/trailer parking in designated ar- Parking areas designated 20-5(6) eas 5-35 Signs........... 20-5(3) Landscaping, provisions re off-street park- Speed of vehicles 20-5(4) ing 27-38, 27-59 State motor vehicle laws.............. 20-5(1) et seq. Trees See: LANDSCAPING Climbing trees, etc 20-4 Parks; designated parking areas 20-5(6) Use b ublic onl 20-1 Sto m standin and arkin 18-34 et se y p y PP~ g> g P g.......... q. See: MOTOR VEHICLES AND TRAF- PENALTIES. See: FINES, FORFEITURES FIC AND OTHER PENALTIES Zoning, provisions re off-street parking... 45-27 et seq. See: ZONING (Appendix C) PENSIONS AND RETIREMENT ICMA defined contribution pension plan PARKS, PLAYGROUNDSAND RECREATION Administrative services agreement and Alcoholic beverages adoption agreements 2-170.14 Consumption on playgrounds and public Creation 2-170.12 parks 3-3 Effective date........................ 2-170.15 Bicycles Vesting period 2-170.13 Operation in safe manner, etc.......... 20-6(2) Length of service award plan for volunteer Operation prohibited in certain areas 20-6(1) firefighters Boat launching areas Benefit formula 2-170.6 Vehicle/trailer parking in designated ar- Contact person 2-170.10 eas 5-35 Effective date........................ 2-170.3 Buildings or structure, erecting.......... 20-3 Eligibility 2-170.4 Department of recreation Entitlement age 2-170.5 Director's duties Plan, name of 2-170.2 Conduct community activity 2-110(2) Point system 2-170.11 Supervise recreation areas.......... 2-110(1) Preretirement death benefit........... 2-170.7 Ejectment of violators 20-8 Purpose 2-170 Supp. No. 36 2948 CODE INDEX Section Section PENSIONS AND RETIREMENT (Confd.) PENSIONS AND RETIREMENT (Confd.) Sponsor, name of 2-170.1 Refund of contribution 2-148(g) Trustee and contact person............ 2-170.10 Retirement benefit 2-148(b) Vesting provisions, schedule of 2-170.8 Retirement date 2-148(a) Village contributions 2-170.9 Termination of employment......... 2-148(f) Pension and certain other benefits for fire Benefit plan no. 2, optional (cost of liv- and police employees ing adjustment) 2-158.1 Benefit amounts Benefit plan, optional Cost of living 2-161(g) Applicability to employees 2-158(a) Disability retirement 2-161(e) Member contributions Early retirement 2-161(b) Amount......................... 2-158(d)(1) Formula 2-161(c) Duration........................ 2-158(d)(2) Limitation on 2-161(h) Interest......................... 2-158(d)(3) Normal retirement benefit.......... 2-161(a) Retirement benefit 2-158(c) Preretirement death 2-161(d) Retirement date 2-158(b) Termination benefits and vesting.... 2-161(f) Defmitions 2-146 Board of trustees Discharged members 2-156(a) Bring and defend lawsuits Incompetents 2-156(d) Powers 2-164(e) Membership Composition 2-164(a) Application for membership 2-147(b) Forfeiture of membership on board Change in designation of beneficiary 2-147(c) for absenteeism 2-164(b) Conditions of eligibility............. 2-147(a) Meetings 2-164(d) Nonassignability 2-156(b) Power and authority 2-166 Normal and optional forms of benefits . 2-149 Reports and records 2-164(c) Pension validity...................... 2-156(c) Contributions Repeal or termination of system 2-155 Employer 2-163(c) Retirement board Forfeitures 2-163(d) Additional rules and regulations au- Member 2-163(a) thorized...................... 2-152 State 2-163(b) Established........................ 2-151 Defmitions 2-159 Investing funds; custodian of securi- Direct transfers of eligible rollover dis- ties 2-153 tribution 2-170 Oaths of office; meetings; quorum 2-154 Discharged members 2-169(a) Social security.......................... 2-136 et seq. False, misleading statements made to See: SOCIAL SECURITY obtain retirement benefits prohib- Volunteer firefighters, length of service ited 2-169(f) award plan for. See herein: Length of Incompetents 2-169(d) Service Award Plan for Volunteer Insurers, tax on 2-167 Firefighters Membership Application for membership 2-160(b) PERMITS. See: LICENSES AND PERMITS Buy-back of previous service 2-160(d) PERSON Changes in designation of beneficiary 2-160(c) Conditions of eli ibilit 2-160(a) Definitions and rules of construction 1-2 g' y Nonassignability 2-169(b) PIERS Number and gender 2-169(e) Docks and piers, construction require- Optional forms of benefits 2-162 ments re 5-81 et seq. Pension validity 2-169(c) See: BOATS, DOCKS AND WATER- Prior service 2-165 WAYS Repeal or termination of plan 2-168 Tax on insurers 2-167 PLANNING AND DEVELOPMENT Pension and certain other benefits for gen- Appearance plan (Appendix A). See that eral employees subject Bargaining unit employees............ 2-156(e) Archaeological site protection regulations. 21-101 et seq. Benefit amounts and eligibility See: ARCHAEOLOGICAL SITE PRO- Direct transfers of eligible rollover TECTION distribution 2-157 Board of adjustment Early retirement 2-148(d) Composition; conduct generally Late retirement 2-148(c) Administrative orders, review of 21-21(d) Preretirement death 2-148(e) Created 21-21(a) Supp. No. 36 2949 NORTH PALM BEACH CODE Section Section PLANNING AND DEVELOPMENT (Confd.) PLANNING AND DEVELOPMENT (Confd.) Decision of administrative official, ap- Stormwater management 21-61 et seq. peals to board from 21-21(e) See: STORMWATER MANAGEMENT Hearing of appeals 21-21(g) Subdivision regulations 36-1 et seq. Judicial review of decisions of board. 21-21(h) See: SUBDIVISIONS (Appendix B) Membership; terms; alternate; com- Zoning regulations 45-1 et seq. pensation 21-21(b) See: ZONING (Appendix C) Powers and duties 21-21(c) pLANNING COMMISSION Stay of work and proceedings on ap- Composition; conduct generally peal 21-21(~ Created 21-11(a) Community development department Meetin s 21-ll(c) g Planning division 2-112(3) Membershi 21-11(b) Comprehensive plan p Powers and duties 21-11(d) Adoption 21-01 Zoning ordinances, changes to 21-12 Filing fees and costs for changes Enactment and authority........... 21-1(a) PLATS. See: SURVEYS, MAPS AND PLATS Fee; application 21-1(c) Jurisdiction 21-1(b) PLAYGROUNDS. See: PARKS, PLAY- Planning commission, advise of 21-1(d) GROUNDS AND RECREATION Concurrency management POLICE Adequate public facilities available to Court cost service development 21-45 Assessment of additional court costs for Application 21-42 criminal justice education expendi- Definitions 21-44 tures........................... 1-9 Intent and purpose Department of public safety, provisions re Comprehensive plan, implementa- police division 2-76(b) tion of 21-43(a) See: PUBLIC SAFETY DEPARTMENT Management/monitoring and regula- Fire division, provisions re police assis- tory program, establishment of 21-43(b) tance 12-43 Minimum requirements 21-43(c) Impersonating police officer 19-8 Management and monitoring program Pension and certain other benefits for fire Amendments to CIE and annual bud- and police employees 2-159 et seq. get, recommendations on 21-46(c) See: PENSIONS AND RETIREMENT Annual public facilities update report 21-46(b) Reserve force Generally 21-46(a) Application for membership 23-43 Proportionate fair-share program Compensation 23-50 Applicability 21-48(b) Created; purpose..................... 23-42 Application process 21-48(e) Director of public safety, appointment to Appropriation of fair-share revenues 21-48(i) serve by 23-45 Determining proportionate fair-share Oath required 23-47 obligation 21-48(f) Powers and duties.................... 23-48 General requirements 21-48(c) Reserve list to be maintained 23-44 Impact fee credit for proportionate Resignation 23-46 fair-share mitigation 21-48(g) Uniforms and insignia 23-49 Intergovernmental coordination..... 21-48(d) pOLLUTION Proportionate fair-share agreements 21-48(h) Purpose and intent 21-48(a) Smoke, dust, odors, liquids, etc........... 19-9 Regulatory program Stormwater management provisions re pol- lutantloads 21-67 Exemptions 21-47(b) Generall 21-47(a) Waterways, pollution of 5-13 y Wellfield protection Public facility adequacy, review to de- Regulation of business activities with termme 21-47(c) Short title 21-41 potential to contaminate land and Filing fees and costs for voluntary annex- water resources 19-221 ation of land PRECEDING, FOLLOWING Enactment and authority 21-2(a) Definitions and rules of construction 1-2 Fees: application 21-2(c) Jurisdiction 21-2(b) PROFANITY Planning commission, advice of........ 21-2(d) Vulgar language prohibited in public places 19-65 Supp. No. 36 2950 CODE INDEX Section Section PROPERTY R Abandoned, inoperative and junked prop- R2,BIES CONTROL erty 14-37 et seq. provisions enumerated 4-42 et seq. See: GARBAGE AND TRASH See: ANIMALS AND FOWL Appearance plan (Appendix A). See that subject RADIOS Boats, docks and waterways; unlawfully Noise control 19-104 anchored or moored vessels Police division, provisions re radio mainte- Unclaimed vessel to be sold; certifica- nance 2-76(b)(6) tion of sale 5-22 REASONABLE TIME Definitions and rules of construction 1-2 Definitions and rules of construction 1-2 Dogs on property of others 4-28(b) Insurance excise taxes; property insurance RECORDS. See: DOCUMENTS AND PUB- LIC RECORDS premiums 26-17 Noise from property 19-102 RECREATION. See: PARK, PLAYGROUNDS Subdivision regulations 36-1 et seq. AND RECREATION See: SUBDIVISIONS (Appendix B) REFUSE. See: GARBAGE AND TRASH Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH RESTROOMS Parks and recreation facilities; failure to PUBLIC PLACES. See: STREETS, SIDE- cooperate in keeping restrooms neat WALKS AND PUBLIC PLACES or sanitary 20-2 PUBLIC RECORDS. See: DOCUMENTSAND RETIREMENT. See: PENSIONS AND RE- PUBLIC RECORDS TIREMENT PUBLIC SAFETY DEPARTMENT S Boats, docks and waterways; unlawfully anchored or moored vessels SAND DUNES Department of public safety to impound 5-19 Flood damage prevention provisions...... 12.5-45 Director's duties SANITATION. See: HEALTH AND SANITA- Designate instructor 2-75(2) TION Make assignments 2-75(1) SCHOOLS Divisions Coin-operated amusements; proximity to Fire schools restricted 19-4 Fire fighting 2-76(c)(3) Fire prevention 2-76(c)(4) SEAWALLS Maintain equipment 2-76(c)(2) Bulkheads and seawalls, construction re- Report losses 2-76(c)(1) quirements re 5-69 et seq. Generall 2-76(a) See: BOATS, DOCKS AND WATER- y WAYS Police Crime prevention 2-76(b)(3), (4) SEXUAL OFFENDERS AND SEXUAL PRED- Investigation 2-76(b)(3) ATORS Patrol 2-76(b)(2) Sexual offender and sexual predator resi- Radio 2-76(b)(6) dente prohibition 19-31 Records 2-76(b)(1) SEXUALLY-ORIENTED ENTERTAINMENT Traffic 2-76(b)(5) Adult entertainment establishments Emergency medical services 11.5-21 et seq. Zoning regulations re. See: ZONING (Ap- See: EMERGENCIES pendix C) PUBLIC WORKS DEPARTMENT SHALL, MAY Director's duties 2-84 Definitions and rules of construction 1-2 Divisions Division of facility and fleet mainte- SHRUBBERY. See: TREES AND SHRUB- BERY nance 2-85(1) Refuse disposal 2-85(2) SIDEWALKS. See: STREETS, SIDEWALKS Street maintenance 2-85(3) AND PUBLIC PLACES Supp. No. 36 2951 NORTH PALM BEACH CODE Section Section SIGNAL DEVICES STORMWATER MANAGEMENT (Confd.) Noise control 19-103 Stormwater retention systems........... 21-69 SIGNATURE, SUBSCRIPTION Streets Minimum street grades 21-62 Defmitions and rules of construction 1-2 Roadside swales 21-65 SIGNS AND BILLBOARDS Subdivisions, required improvements re 36-31 Code enforcement board, applicability re.. 2-173 Water quality 21-70 Country club; provisions re signs......... 9-2 Zoning; surface water management Outdoor displays. See herein: Signs and C-3 Regional Business District 45-34.1(8) Outdoor Displays Parking in violation of signs 18-36 STREETS, SIDEWALKS AND PUBLIC Parks, regulations re traffic signs 20-5(3) PLACES Signs and outdoor displays Code enforcement board, applicability re.. 2-173 Construction standards 6-117 Definitions and rules of construction 1-2 Design standards 6-117 Dogs on streets and sidewalks 4-28(a) Exempt signs 6-112 Excavations Location standards 6-117 Defmition............................ 24-16 Measurement determinations 6-116 Equipment to be guarded 24-18 Permitted permanent accessory signs 6-115 Liability of village 24-20 Permitted temporary signs 6-114 Permits Prohibited signs 6-113 Fees 24-29 Provisions generally 6-111 Required 24-28 Purpose and scope of regulations 6-110 Protective measures 24-19 Severability 6-118 Refilling, tamping by excavator........ 24-17 Zoning Resurfacing by village 24-17 C-3 Regional Business District 45-34.1(7) Handbills; distribution restricted......... 19-7 SOCIAL SECURITY Hitchhiking prohibited 19-6 Landscaping 27-31 et seq. Agreement authorized 2-138 See: LANDSCAPING Appropriations by village 2-140 Declaration of olic 2-136 Missiles, throwing 19-8q3 p y Motor vehicles and traffic 18-16 et se Exclusions from coverage 2-137 Records and reports 2-141 See: MOTOR VEHICLES AND TRAF- Social security act adopted 2-143 FIC Withholding and reporting agent......... 2-142 Obstructing passageway 19-47 Withholding from wages 2-139 Profanity; vulgar language prohibited 19-65 Public works department SPITTING Streets maintenance division.......... 2-85(3) Spitting in public places prohibited....... 19-5 Sidewalks and driveways SPORTS Dangerous or abandoned driveways.... 24-46 Performance of work by village upon Golf advisory board 9-16 et seq. failure of compliance............. 24-47 See: GOLF ADVISORY BOARD Permits STATE Driveway construction Defmitions and rules of construction 1-2 Application; information required. 24-58 Prohibited in certain instances 24-57 STENCH BOMBS Required 24-56 Excepted uses 19-82(c) Separate permits required for drive- Possession prohibited 19-82(b) ways and sidewalk construction 24-55 Throwing or depositing 19-82(a) Sidewalks STORMWATER MANAGEMENT Constructed required in certain cases 24-41 Adoption 21-61 Exceptions to requirements 24-42 Applicability 21-61 Specifications Design 21-61 Driveways......................... 24-43(c) Finished floor of structures, level of 21-63 Generally 24-43(a) Objectives of system design 21-68 Sidewalks 24-43(b) Open channels and outfall ditches........ 21-66 Village engineer, driveways to be con- Post development runoff rates, volumes strutted under supervision of..... 24-44 and pollutant loads 21-67 Smoke, dust, odors, liquids, etc........... 19-9 Storm drainage facilities generally 21-64 Spitting in public places prohibited....... 19-5 Supp. No. 36 2952 CODE INDEX Section Section STREETS, SIDEWALKS AND PUBLIC SUBDIVISIONS (Appendix B) (Confd.) PLACES (Confd.) Railroads or limited access highway, Stormwater management, applicable pro- subdivisions on 36-19(3) visions re 21-62, 21-65 Street names...................... 36-19(9) Subdivision regulations 36-1 et seq. Subdivision entrances 36-25 See: SUBDIVISIONS (Appendix B) Water bodies, access to 36-24 Swale areas, sodding required in certain Enactment and authorit 36-2 instances 24-3 y................ Enforcement provisions Trees in Swale areas 27-16 et seq. See: TREES AND SHRUBBERY Appeals 36-35 Utilities Erection of buildings and issuance of Public utilities, cost of changing or re- permits 36-38 movalof 24-4 General enforcement regulations 36-36 Use of rights-of-way for utilities 28-1 et seq. Land clearing, vegetation and wildlife See: UTILITIES protection and preservation Application procedure for vegetation SUBDIVISIONS (Generally) removal unrelated to building Appearance plan (Appendix A). See that ermit a lications 36-38.1(3) P PP subject Exce tions 36-38.1(5) p Code enforcement board, applicability re.. 2-173 Fees 36-38.1(6) Flood damage prevention provisions...... 12.5-41(4) Generally 36-38.1(1) Zoning regulations 45-1 et seq. Vegetation protection during construc- See: ZONING (Appendix C) tion 36-38.1(4) SUBDIVISIONS (Appendix B) Vegetation removal permit, applica- (Note Section contained herein refer to tion procedure 36-38.1(2) sections found within Appendix B) Required improvements 36-37 Amendments Vegetation. See within this subheading: Public hearing required 36-39.1 Land Clearing, Vegetation and Definitions Wildlife Protection and Preserva- Generalterms 36-5 tion Specific terms 36-6 Wildlife protection and preservation. See Design standards within this subheading: Land Clear- Alleys 36-20 ing, Vegetation and Wildlife Protec- Blocks. See within this subheading: Lots tion and Preservation and Blocks Jurisdiction 26-3 Comprehensive plan, conformity with.. 36-17(1) Legal status Easements and rights-of-way Conflicting regulations 36-41 Access waterways 36-22(c) Effective date........................ 36-42 Drainage 36-22(b) Saving clause 36-40 Utilities 36-22(a) plats, platting Lots and blocks Procedures for subdivision plat approval. Access 36-18(3) See herein that subject Block lengths 36-18(6) procedures for subdivision plat approval Double frontage lots 36-18(5) Construction plan specifications 36-13 Lot lines 36-18(4) Construction plans procedure Lot size 36-18(1) Preparation of construction plans 36-12(1) Residence lots, minimum 36-18(2) Submission and review of construc- Public sites and open spaces 36-23 Rights-of-way. See within this subhead- tion plans 36-12(2) ing: Easements and Rights-Of-Way Surety device, posting of 36-12(3) Sidewalks 36-21 Final plat procedure Soil and flood hazards, consideration of 36-17(2) Application for fmal plat approval... 36-14(2) Streets Generally 36-14(1) Adjoining property, street access to.. 36-19(7) Planning commission action 36-14(4) Arterial streets, subdivisions on..... 36-19(2) Planning commission review........ 36-14(3) Culs-de-sac 36-19(6) Recording of fmal plat.............. 36-14(6) Half streets 36-19(8) Village council action............... 36-14(5) Intersection design 36-19(4) Final plat specifications............... 36-15 Minimum street design specifications 36-19(5) General prerequisites to 36-7 Minor streets 36-19(1) Pre-application conference 36-9 Supp. No. 36 2953 NORTH PALM BEACH CODE Section Section SUBDIVISIONS (Appendix B) (Confd.) SWEAR OR SWORN. See: OATH, AFFIRMA- Preliminary plat procedure TION, SWEAR OR SWORN Application for preliminary plat ap- SWIMMING proval 36-10(1) Developments of regional impact.... 36-10(2) Bathing regulations; diseased persons pro- Effect of approval 36-10(9) hibited from bathing in public pool, etc . 19-3 Failure of planning commission to Restricted waters, swimming in.......... 5-3 take action 36-10(8) Fees 36-10(3) SWIMMING POOLS Notification of action 36-10(7) Barrier/fencing requirements 25-5 Planning commission action 36-10(6) Code enforcement board, applicability re.. 2-173 Planning commission review........ 36-10(5) Construction 25-4 Review comments 36-10(4) Country club premises regulations 9-1 Preliminary plat specifications 36-11 Definitions 25-1 Qualification of person making survey . 36-8 Elevation 25-6 Reversion of subdivided land to acreage 36-16 Final approval 25-7 Purpose and intent 36-4 Grade.................................. 15-11 Required improvements Permits 25-3 Bikeways 36-29.1 Setbacks 25-2 Bridges 36-30 General requirements 36-26 SWITCHBLADE KNIVES Monuments Sale prohibited 19-185(a) Permanent control points........... 36-27(b) Permanent reference monuments 36-27(a) T Planned unit development alternatives. 36-34 Screening walls and landscaping 36-33 TAXATION Sidewalks 36-29 Insurance excise taxes 26-16, 26-17 Storm water management 36-31 Local business tax 17-16 et seq. Streets See: BUSINESS REGULATIONS Arterial and collector streets........ 36-28(a) Pension and certain other benefits for fire Curb and gutter 36-28(c) and police employees Marginal access streets 36-28(b) Tax on insurers 2-167 Pavement base 36-28(f) Telecommunications service tax Subgrade 36-28(e) Collection............................ 26-52 Swales 36-28(d) Compensation........................ 26-54 Wearing surface 36-28(g) Exemptions 26-53 Utilities Levy 26-51 Sanitary sewer 36-32(a) Rate................................. 26-51 Septic tanks 36-32(e) Utility tax.............................. 26-29 et seq. Underground utilities 36-32(d) See: UTILITY TAX Water and sewer systems........... 36-32(c) Water supply 36-32(b) TELECOMMUNICATIONS Wells Compliance with other laws; police power. 29-10 Individual wells prohibited in cer- Construction bond 29-13 tain areas of village 36-32(f) Definitions 29-3 Short title 36-1 Enforcement remedies................... 29-15 SUITS AND OTHER PROCEEDINGS Fees and payments 29-5 Code enforcement board Force majeure 29-16 Insurance; surety; indemnification 29-12 Limitations on actions for money judg- Intent and ur ose 29-2 P P ments 2-182 Registration............................ 29-4 SURVEYS, MAPS AND PLATS Involuntary termination 29-9 Official zonin ma 45-17 Reports and records 29-6 g P Subdivision regulations 36-7 et seq. Rights-of-way, use 29-8 y See: SUBDIVISIONS (Appendix B) Securit fund 29-14 Service tax, generally 26-51 et seq. SWALE AREAS See: TAXATION Sodding required in certain instances 24-3 Title 29-1 Trees in Swale areas 27-16 et seq. Transfer of control; sale or assignment 29-11 See: TREES AND SHRUBBERY Underground installation; relocation 29-7 Supp. No. 36 2954 CODE INDEX Section Section TELEPHONES V Alarms; interference with public safety de- partment trunk line prohibited 19-215 VILLAGE Definitions and rules of construction 1-2 TELEVISION Cable television rate regulation 17-1 VILLAGE COUNCIL Compensation 2-16 TENSE Definitions and rules of construction 1-2 Definitions and rules of construction 1-2 Meetings THEFT Adjournment of all meetings 2-19 Combat Auto Theft (CAT) 18-19 Regular meetings Presiding officer 2-18 TIME When held 2-17 Definitions and rules of construction 1-2 Rules of procedure. See herein that sub- TRAFFIC. See: MOTOR VEHICLES AND ject TRAFFIC Rules of procedure Order of business 2-26 TRAILERS Parliamentary rules 2-27 Personal recreational use trailers; parking Village clerk, duties re 2-67 on residential property restricted 18-35 VILLAGE LOGO TRASH. See: GARBAGE AND TRASH Adoption 1-10(b) TREES AND SHRUBBERY Description 1-10(a) Code enforcement board, applicability re.. 2-173 Registration 1-10(d) Landscaping 27-31 et seq. Unlawful practices...................... 1-10(c) See: LANDSCAPING Missiles, throwin 19-83 VILLAGE MANAGER g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Administrative code, provisions re 2-39 et seq. Parks and recreation facilities; climbing trees, etc. 20-4 See: ADMINISTRATIVE CODE Bond................................... 2-117 Swale areas, trees in Defmitions 27-16 Budget................................. 2-118 Maintenance 27-20 Budget procedures, duties re............. 2-2 Planting and removal; written approval Removal 2-116 required 27-17 Residency 2-115 Scope 27-19 VOYEURISM Variety and location 27-18 Window peeping prohibited 19-66 U W UTILITIES Flood damage prevention provisions...... 12.5-41(3), (5) WALLS. See: FENCES, WALLS, HEDGES Franchises enumerated. See Appendix D AND ENCLOSURES Street construction work; cost of changing or removal of public utilities 24-4 WATER SHORTAGE EMERGENCIES Subdivision design standards re easements Application 19-201 and ri hts-of-wa 36-22(a) Definitions 19-200 g Y Subdivisions, required improvements re 36-32 Enforcement Telecommunications service tax.......... 26-51 et seq. Emergency power 19-204 See: TAXATION Generally 19-203 Use of rights-of-way for utilities Implementation Code enforcement board, applicability Exemptions 19-202(b) re 2-173 Permanent restrictions 19-202(a) Rules and regulations adopted 28-1 Sanitation, exception to maintain 19-205 Written permit (franchise) Violations and penalties 19-206 Contents 28-3 Required; term 28-2 WATER SUPPLY AND DISTRIBUTION Stormwater management 21-61 et seq. UTILITY TAX See: STORMWATER MANAGEMENT Collection 26-30 Wellfield protection 19-220, 19-221 Exemption 26-31 Zoning; C-3 Regional Business District Levied; rate 26-29 Surface water management........... 45-34.1(8) Supp. No. 36 2955 NORTH PALM BEACH CODE Section Section WATERWAYS. See: BOATS, DOCKS AND ZONING (Generally) (Confd.) WATERWAYS Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) WATERWAYS BOARD Composition; terms; vacancies 5-103 Created 5-102 Duties 5-105 Organization 5-104 Removal 5-106 WEAPONS. See: FIREARMS AND WEAP- ONS WEEDS AND BRUSH Lien Recorded statement of removal costs con- stitutes lien; collection 14-83 Notice to destroy 14-80 Owner to bear costs of removal 14-82 Prohibited over certain height 14-79 Removal by village 14-81 WEEK Defmitions and rules of construction 1-2 WEIGHTS AND MEASURES Motor vehicle operation; weight limitations on certain roads 18-18 Noise measurement procedure 19-113 WELLFIELD PROTECTION Business activities with potential to con- taminate land and water resources, regulation of 19-221 County wellfield protection ordinance adopted by reference 19-220 WRITTEN, IN WRITING Defmitions and rules of construction 1-2 Y YARDS AND OPEN SPACES Landscaping 27-31 et seq. See: LANDSCAPING Zoning regulations 45-27 et seq. See: ZONING (Appendix C) YEAR Defmitions and rules of construction 1-2 Z ZONING (Generally) Appearance plan (Appendix A). See that subject Code enforcement board, applicability re.. 2-173 Home occupations 17-3(a) et seq. See: HOME OCCUPATIONS Landscaping; conflict with zoning ordi- nance 27-39 Planning commission; changes to zoning ordinances 21-12 Supp. No. 36 2956 CODE INDEX Section Section ZONING (Appendix C) ZONING (Appendix C) (Cont'd.) (Note Section references herein are ex- Permitted uses 45-32(A) clusive to Appendix C) Site area 45-32(C) Adult entertainment establishments Yards and open spaces 45-32(D) Administrative requirements; supple- C-3 Regional Business District mental Height 45-34.1(5) Plan review 45-20(8)(b) Landscaping 45-34.1(4) Rules of construction............ 45-20(8)(a) Location of business for retail sales Defmitions 45-20(3) of alcoholic beverages......... 45-34.1(9) Disclosure of names aliases and dates Lot coverage; maximum............ 45-34.1(6) of birth of employees 45-20(10) Off-street loading and internal circu- Display or exposure of specified ana- lation 45-34.1(3) tomical area 45-20(9) Off-street parking 45-34.1(2) Enforcement 45-20(11) Permitted uses.................... 45-34.1(1) Findings of fact 45-20(2) Setbacks.......................... 45-34.1(5) Legislative intent 45-20(1) Signs............................. 45-34.1(7) Measurement of distance 45-20(5) Special C-3 Planned Unit Develop- Nonconforming uses 45-20(7) ment (PUD) provisions........ 45-34.1(10) Prohibited locations 45-20(4) Surface water management 45-34.1(8) Variance, none 45-20(6) C-A Commercial District Alcoholic beverages. See also that sub- Architecture 45-31(J) ject Conditions for permitted uses 45-31(C) Location of business for retail sales Floor area 45-31(I) of alcoholic beverages......... 45-20(2), 45-36.N General description 45-31(A) C-3 Regional Business District... 45-34.1(9) Height 45-31(D) Amendments Off-street parking and loading 45-31(G) Changes and amendments 45-5 Off-street parking lot layout, construc- Fees; waiting periods tion and maintenance......... 45-31(H) Application for variances 45-50 Permitted uses 45-31(B) Applications for rezoning, etc..... 45-49 Yards and open spaces 45-31(F) Antenna and antenna towers 45-21 CB Commercial District Architecture Architecture 45-31.1(J) C-A Commercial District 45-31(J) Conditions for permitted uses 45-31.1(C) CB Commercial District............ 45-31.1(J) Floor area 45-31.1(I) Automotive service stations General description 45-31.1(A) Emergency generators required for. 45-23 Height 45-31.1(D) Buildings Off-street parking and loading 45-31.1(G) C-1 Neighborhood Commercial Dis- Off-street parking lot layout, construc- trict 45-33(C) tion and maintenance......... 45-31.1(H) District regulations, buildings and Permitted uses 45-31.1(B) uses to conform to............ 45-19 Site area 45-31.1(E) Floor area regulations. See herein: Yards and open spaces 45-31.1(F) Floor Area CC Transitional Commercial District Height regulations. See herein: Height Building height regulations 45-32.1(D) Nonconforming uses of land and strut- Building site area regulations 45-32.1(E) tures. See herein that subject Conditions for permitted uses 45-32.1(C) Site area regulations. See herein: Site General description 45-32.1(A) Area Off-street parking layout........... 45-32.1(H) C-1 Neighborhood Commercial District Off-street parking regulations 45-32.1(G) Building and floor area regulations . 45-33(C) Uses permitted 45-32.1(B) Floor area 45-33(F) Yards............................. 45-32.1(F) Heights 45-33(B) Changes and amendments............ 45-5 Off-street parking 45-33(E) Commercial District Permitted uses 45-33(A) Development standards 45-34(B) Conditions for permitted uses.... 45-33(G) Use and operating restrictions...... 45-34(C) Yard space regulations 45-33(D) Uses permitted.................... 45-34(A) C-lA Limited Commercial District Conflict of provisions 45-4 Conditions for permitted uses 45-32(G) C-OS Conservation and Open Space Dis- Floor area 45-32(F) trict Height 45-32(B) Coastal zone protection 45-35.2(C) Supp. No. 36 2957 NORTH PALM BEACH CODE Section Section ZONING (Appendix C) (Confd.) ZONING (Appendix C) (Confd.) Intent 45-35.2(A) Nonconforming uses of land and struc- Permitted uses 45-35.2(B) tures Defmitions 45-2 Adult entertainment establishments 45-20(7) Adult entertainment establishments 45-20(3) Extension and enlargement 45-61 Rules of construction............ 45-20(8)(a) Intent 45-60 Historic site overlay district........ 45-37(b) Land, nonconforming uses of 45-63 Districts Lots of record, nonconforming 45-62 Division of village into districts..... 45-16 Repairs and maintenance 45-66 Enumerated 45-16 Structures and premises in combina- See also specific districts as in- tion, nonconforming uses of 45-65 dexed Structures, nonconforming......... 45-64 General rovisions 45-36 Temporary uses 45-67 p Emergency generators required for au- Architectural elements tomotive service stations 45-23 Architectural elements 5-5 Floor area Building color and finish 5-4 C-1 Neighborhood Commercial Dis- Building facade/elevation........ 5-3 Definitions 5-8 tract 45-33(C)>(F) C-lA Limited Commercial District 45-32(F) Design treatments 5-2 C-A Commercial District 45-31(I) General provisions 5-1 Preferred roof materials/styles... 5-7 CB Commercial District............ 45-31.1(I) Window/door treatments 5-6 R-2 Multiple-Family Dwelling Dis- Consistency with comprehensive land tract 45-28(E) use plan..................... Art.2 R-3 Apartment Dwelling District 45-30(F) Established Art. 1 Height General provisions C-1 Neighborhood Commercial Dis- A licabilit 3-1 45-33(B) PP Y tract Procedure and regulations....... 3-2 C-lA Limited Commercial District 45-32(B) Landscape elements C-3 Regional Business District 45-34.1(5) Administration 6-2 C-A Commercial District 45-31(D) Foundation landscaping and plant- CB Commercial District............ 45-31.1(D) ings 6-12 CC Transitional Commercial District 45-32.1(D) Intent 6-1 R-1 Single-Family Dwelling Districts 45-27(B) Irrigation 6-14 R-2 Multiple-Family Dwelling Dis- Landscape requirements for off- trict 45-28(B) street parking areas 6-10 R-3 Apartment Dwelling District 45-30(B) Maintenance 6-13 Historic site overlay district Minimum landscape buffer and Definitions 45-37(b) planting requirements...... 6-11 Local register of historic sites Minimum landscape requirements 6-8 Creation of 45-37(C) Miscellaneous landscape elements 6-9 Initiation of placement on 45-37(D) New construction and substantial Placement on 45-37(E) revision 6-5 Certificate of appropriateness.... 45-37(H) Nonconforming landscape areas.. 6-3 Criteria for listing on 45-37(F) Preferred landscape palette...... 6-7 Effect of listing on 45-37(G) Prohibited and standard invasive Purpose 45-37(a) plants..................... 6-6 Interpretation of provisions........... 45-3 Pruning 6-15 Landscaping Tree and plant installation 6-4 C-3 Regional Business District 45-34.1(4) Signage and outdoor displays Loading, off-street. See herein: Off- Accessory signs 7-5 Street Loading and Internal Cir- Appearance 7-2 culation Business signs 7-6 Lots Definitions 7-11 C-3 Regional Business District 45-34.1(6) Design, construction, and location CB Commercial District............ 45-31.1(H) standards 7-9 Nonconforming lots of record 45-62 Exempt signs 7-3 Map Exterior architectural lighting 7-10 Official zoning map. See herein that General provisions 7-1 subject Measurement determinations 7-8 Supp. No. 36 2958 CODE INDEX Section Section ZONING (Appendix C) (Confd.) ZONING (Appendix C) (Confd.) Street numbers 7-7 C-OS Conservation and Open Space Temporary signs 7-4 District...................... 45-35.2(B) Site plan elements Art. 8 R-1 Single-Family Dwelling Districts 45-27(A) Building orientation and place- R-2 Multiple-Family Dwelling Dis- ment 8-2 trict......................... 45-28(A) General design 8-1 R-3 Apartment Dwelling District 45-30(A) Off-street parking areas 8-3 Planned unit development Pedestrian amenities............ 8-4 C-3 Regional Business District 45-34.1(10) Site and street furniture 8-5 Filing of application 45-35.1(II) Zoning regulations Planning commission Development review regulations . 4-1 Action of 45.35.1(N) Land use chart 4-2 Referral to 45-35.1(III) Use defmitions and supplemental Statement of intent 45-35.1(I) regulations 4-3 Village council Northlake Boulevard overlay zoning dis- Action of 45-35.1(V) trict (NBOZ) 45-35.3 Effect of approval of............. 45-35.1(VI) Oceanfront land Public district Ocean setback 45-22 Restricted uses.................... 45-35 Official zoning map R-1 Single-Family Dwelling District Adopted by reference 45-17(1) Annexed land in................... 45-20 Boundary conflict interpretations... 45-18 Height 45-27(B) Buildings and uses to conform to Off-street parking 45-27(E) district regulations 45-19 Permitted uses 45-27(A) Changes 45-17(3) Site area.......................... 45-27(C) Damaged, destroyed, etc............ 45-17(5) Yards and open spaces 45-27(D) Identification 45-17(2) R-2 Multiple-Family Dwelling District Location; fmal authority 45-17(4) Community residential home regula- Off-street loading and internal circula- tions 45-28(G) tion Floor area 45-28(E) C-3 Regional Business District 45-34.1(3) Height 45-28(B) Off-street parking Off-street parking 45-28(F) C-1 Neighborhood Commercial Dis- Permitted uses 45-28(A) trict 45-33(E) Site area.......................... 45-28(C) C-lA Limited Commercial District 45-32(E) Yards and open spaces 45-28(D) C-3 Regional Business District 45-34.1(2) R-3 Apartment Dwelling District C-A Commercial District 45-31(G), (H) Floor area 45-30(F) CB Commercial District............ 45-31.1(G), (H) Height 45-30(B) CC Transitional Commercial District 45-32.1(G), (H) Off-street parking 45-30(E) R-1 Single-Family Dwelling Districts 45-27(E) Permitted uses 45-30(A) R-2 Multiple-Family Dwelling Dis- Site area 45-30(C) trict 45-28(F) Yards and open spaces............. 45-30(D) R-3 Apartment Dwelling District 45-30(E) Setbacks Open spaces. See herein: Yards and C-3 Regional Business District 45-34.1(5) Open Spaces Oceanfront land 45-22 Parking Short title 45-1 Off-street loading and internal circu- Signs lation. See herein that subject C-3 Regional Business District 45-34.1(7) Off-street parking regulations. See Similar uses 45-16.1 herein: Off-Street Parking Site area Permitted uses C-lA Limited Commercial District 45-32(C) Automotive Commercial District.... 45-34(A) C-A Commercial District 45-31(E) C-1 Neighborhood Commercial Dis- CB Commercial District............ 45-31.1(E) trict 45-33(A), (G) CC Transitional Commercial District 45-32.1(E) C-lA Limited Commercial District 45-32(A), (G) R-1 Single-Family Dwelling Districts 45-27(C) C-2 General Commercial District 45-34(A) R-2 Multiple-Family Dwelling Dis- C-3 Regional Business District 45-34.1(1) trict 45-28(C) C-A Commercial District 45-31(B), (C) R-3 Apartment Dwelling District 45-30(C) CB Commercial District............ 45-31.1(B), (C) Surface water management CC Transitional Commercial District 45-32.1(B) C-3 Regional Business District 45-34.1(8) Supp. No. 36 2959 NORTH PALM BEACH CODE Section Section ZONING (Appendix C) (Cont'd.) Telecommunications antenna and an- tenna towers 45-21 Violation and penalty 45-6 Yards and open spaces C-1 Neighborhood Commercial Dis- trict 45-33(D) C-lA Limited Commercial District 45-32(D) C-A Commercial District 45-31(F) CB Commercial District............ 45-31.1(F) CC Transitional Commercial District 45-32.1(F) R-1 Single-Family Dwelling Districts 45-27(D) R-2 Multiple-Family Dwelling Dis- trict 45-28(D) R-3 Apartment Dwelling District 45-30(D) Supp. No. 36 2960