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Code of Ordinances Supplement 25
SUPPLEMENT N0. 25 June 2003 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. 11-2003, adopted April 10, 2003. See the Code Comparative Table for further information. Included in the Charter is: Ordinance No. 03-2003, adapted February 13, 2003. See the Charter Comparative Table for further information. Remove old pages Insert new pages xi-xiv xi xiv Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) I 1 3-14 3-19 65 65 81, 82 81-83 133 133 157-166 157-169 398.11-398.14.2 398.11-398.14.2 891, 892 891, 892 1053-1054.2 1053-1054.2 2fl45, 2046 2045-2046.1 2500.1-2504 2501-2504 2819, 2820 2819, 2820 2887, 2888 2887, 2888 2933, 2934 2933, 2934 2939, 2940 2939-2940.1 2945, 2946 2945, 2946 2949, 2950 2949, 2950 2953-2956 2953-2956 2965-2967 2965-2967 INSTRUCTION SHEET-Can~'d. Insert and maintain this instruction sheet in front of this publication. J`ile 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 i 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 CHAI2,TER Chas.'ter 1 Art. 1. Corporate Name 3 Art. LA. Vision Statement 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 9 Art. IV. Administrative 15 Art. V. Qualifications and Elections 17 Art. VI. Transition Schedule . . . . . . . . 18 Charter Comparativo Table 65 PART II CODE OF ORDINANCES Chapter I. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 136.4 Div. 1. Generally 136.4 Div. 2. Rules of Procedure 136.4 Art. III. Administrative Code 137 Div 1. Generally 137 Div 2. Reserved 139 Div. 3. Department of Finance 139 Div. 4. Department of Records 140 Div. 5. Department of Public Safety 141 Div. 6. Department of Public Services 141 Div. 7. Department of Library 142 Div. 8. Department of Country Club 142 Div. 9. Department of Recreation 142 Art. N Manager 142.1 Art. V. Pensions and Retirement Systems 142.1 Div 1. Generally 142.1 Div. 2. Social Security.....--•---.--.-----•---... 142.1 Supp. No. 25 ~ i NORTH PALM BEACH CODE r l Chapter Page Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 142.3 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 150.1 Div. 5. Length of Service Award Plan far Volunteer Firefighters 161 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 268 5. Boats, Docks and Waterways 319 Art. I, In General 321 Art. II. Boat Launching Area 325 Axt. 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. IV. Marine Sanctuaries 333 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Gode 384 Div. 1. Generally 384 Div. 2, Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. IV. Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Cade 398.16 Art. VII. Coastal Construction Code 398.16 7. Bulkhead Lines 453 Art. T. In General 455 Art. II. Filling Permit 455 8. Emergency Management 507 Art. I. In General 509 Art. TT. Civil Disorders and Disturbances 514 9. Country Club 559 Art. I. In General 561 Art. II. Advisory Board 562 Art. III. Finances 563 I0. Elections 615 Art. I. In General 617 i Supp. No. 25 X]i TABLE OF CONTEI~I'PS--Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV. Polling Place 620 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. IV. 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. IIT. Reserved 895 Art. IV. 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. Occupational Licenses 1054.1 Art. III. Businesses Located Outside Village Limits 1060 Art. IV. Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 Supp. No. 25 xiii NORTH PALM BEACH CODE Chapter Page 1'7.5 Reserved ll21 18. Motor Vehicles and Traffic 1171 Art. I. In General 1173 Art. II. Operation of Vehicles Generally 1173 Art. TTI. Stopping, Standing and Parking 1174 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Reserved ....................•--.-------.... 1228 Art. III. Offenses Against Property 1228 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. Wellfield Protection 1241 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 1348 Art. III. Board of Adjustment 1347 Art. IV. Cancurrency Management 1349 Axt. V. Stormwater Management 13fi0 Art. VT. Archaeological Site Protection Regulations 1363 22. Reserved 14ll 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. TIT. Reserve Force 14G5 • 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 Div 2. Fermits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Stipp. No. 25 xiv Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our oxperience 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 Cade 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 alI 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 pago 1 83 25 iii 1 133 25 v, vi OC 135, 136 24 vii, viii OC 136.1, 1362 24 ix OC 136.3, 136.4 24 x.i, x.ii 1 137, 13S 23 x.iii 1 139, 140 23 xi, xii 25 140.1 23 xiii, xiv 25 141, 142 22 xv, xvi 24 142.1, 142.2 22 1 25 143 16 3, 4 25 144.1, 1442 12 5, 6 25 144.3 12 7, S 25 145, 146 9 9, 10 25 147, 148 24 11, 12 25 148.1 24 13, 14 25 149, 150 20 15, 16 25 150.1, 150.2 20 17, 18 25 151, 152 1I 19 25 153, 154 22 65 25 154.1 22 77 oc 155, 156 2a 79, 80 OC 157, 158 25 81, 82 25 159, 16fl 25 Supp. No. 25 [I] NOR'~H PALivF BEACH CpDE i Page No. Supp. No. Page No. Sapp. No. 161, 162 25 671 2 163, 164 25 673 24 165, 166 25 695 13 167, I6$ 25 697 I3 169 25 723 24 211 OC 725 24 213, 214 19 726.1 13 263 OC 727, 72S 5 265, 266 OC 729 5 267, 26S 17 777 OC 269 17 779, 780 OC 319 OC 781, 782 OC 321, 322 17 783, 7S4 OC 323, 324 i6 785, 786 OC 325, 326 24 787, 788 OC 327, 328 21 789 OC 329, 330 22 839 OC 331, 332 22 889 OC 333, 334 20 891, 892 25 381 23 892.1 15 383, 384 24 893, 894 OC 385 24 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 39$.6 23 947, 948 23 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 398.11, 398.12 25 1051 OC 398.13, 39$.14 25 1053, 1054 25 398.14.1, 398.14.2 25 1054.1, 1054.2 25 398.15, 398.1.6 $ 1055, 1056 21 399, 400 OC 1057, 1058 21 401, 402 OC 1059, 1060 21 403 OC 1060.1 i4 453 OC 1061, 1062 8 455, 456 22 1063, 1064 8 507 22 ll2I OC 509, 510 22 1171 OC 511 22 1173,1174 17 559 17 1175 19 561, 562 24 1225 OC 563, 564 24 1227, 1228 24 615 OC 1228.1 24 617, 618 OC 1229, 1230 27. 619, 620 6 1231, 1232 2I Supp. No. 25 [2] CHECKLIST pF L1P-Tp-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1233, 1234 21 1781 21 1235, 1236 21 1783, 1784 21 1237, 1238 16 1785, 1786 21 1239, 1240 22 1787, 1788 21 1241, 1242 21 1789, 1790 21 1289 3 1791,1792 21 1291, 1292 OC 1793, 1794 21 1293, 1294 22 1795, 1796 2I 1295 22 2043 OC 1343 4 2045,2046 25 1345, 1346 22 2046.1 25 1346.1 22 2047, 204$ OC 1347, 1348 OC 2049, 2050 OC 1349, 1350 OC 2051, 2052 OC 1351, 1352 14 2053 OC 1352.1 14 2353 OC 1353, 1354 OC 2355, 2356 OC 1355, 1356 OC 2357, 2358 OC 1357, 1358 OC 2359, 2360 22 1359, 1360 OC 2361, 2362 22 1361, 1362 5 2362.1 22 1363, 1364 5 2363, 2364 OC 1365, 1366 5 2365, 2366 OC 1367 5 2367, 2368 1 1411 OC 2368.1 1 1463 OC 2369, 2370 OC 1465, 1466 OC 2371, 2372 OC 1517 OC 2373, 2374 OC 1519, 1520 OC 2375, 2376 OC 1521, 1522 OC 2377, 2378 22 1523 OC 2379 22 1573 24 2479 9 1575, 1578 24 2481, 2482 23 1627 9 2483, 24$4 23 1629, 1630 21 2485, 2486 23 1631 21 2486.1, 2486.2 23 1681 OC 2486.2.1, 2456.2.2 23 1683, 1684 24 2486.2.3 23 16841, 1684.2 24 2486.3, 2486.4 16 1685, 1686 OC 2487, 2488 OC 1687, 1688 17 2488.1, 2488.2 1S 1689, 1690 17 2489, 2490 18 1739 14 2491,2492 18 1'741, 1742 21 2493, 2494 18 Supp. IVo. 25 [3] NORTH PALM BEACH CODE Page No. Sapp. No. Page No. Supp. No. 2495, 2495 18 2965, 2968 25 2497,2495 21 2967 25 2499, 2500 21 2501, 2502 25 2503, 2504 25 2504.1, 2504.2 16 2505, 2506 10 2507, 2508 13 2509, 2510 13 2510.7., 2510.2 I3 2511, 2512 23 2512.1, 2512.2 23 2512.3, 2512.4 23 2512.5, 2512.6 23 2512.7 23 2513, 2514 OC 2515, 2516 22 2517, 251$ 22 2619 21 2819, 2820 25 2869, 2870 OC 2871 DC 2873 OC 2875, 2876 OC 2877, 2878 OC 2$79, 2880 OC 2881, 2882 14 2883, 2584 14 2885, 2886 19 2887, 2888 25 2933, 2934 25 2935, 2936 23 2937, 2938 24 2939, 2940 25 2940.1 25 2941, 2942 24 2943, 2944 24 2945, 2946 25 2947, 2948 23 2949, 2950 25 2950.1 24 2951, 2952 23 2953, 2954 25 2955, 2956 25 Supp. No. 25 [4] ` PART I CHARTER Art. I. Corporate Name Art. I.A. Vision Statement Art. II. Territorial Boundaries, § 1 Art. III. Legislative, 1-11 Art. 1V. Administrative, 1-7 Art. V. Qualiffcatians and Elections, 1--8 Art. VI. Transition Schedule, 1-6 "Editor's note-The charter of the village, ch. 31481, Laws of Florida (195fi) as revised by Ord. No. 1-76 of Feb. 19, 1976, is set out in this Pant as enacted. Amendments have been worked in and are indicated by history notes fallowing amended sections. Material enclosed in brackefs [ ]has been inserted where necessary to correct obvious eiTOrs or for purposes of clarification where an ambiguity appears. Supp. No. 25 1 t CHAIi.TER § 1 ARTICLE I. CORPORATE NAME south one-quarter section line of said Section 21, to a point 68.9D foot south of the north one- The municipality hereby established shall be known as "The Village of North Palm Beach quarter corner of said Section 21, (as measured Florida." along said one-quarter section lino}. Said point being on the north side of the concrete curb on the south side of the center median of Northlake ARTICLE LA. VISION STATEMENT Boulevard {S.R. No. 850}, said point also being 7.75 feet south of the centerline of Northlake VTSION STATEMENT Boulevard (S.R. No. 850) as now laid out and in use; thence 5-89°-48'-00"-W, along a line which is This vision statement for the Charter of the 7.75 feet south of and parallel with the centerline Village of North Palm Beach, Florida, defines for of said Northlake Boulevard (S.R. No. 5-850), a all those interested the intentions and aims of the distance of 1094.60 feet to the beginning of a government of this municipality. Consistent with curve, concave to the north, having a radius of the applicable laws of the State of Florida and the 4009.75 feet and a central angle of 10°-37'-48"; United States of America, this Charter provides thence westerly and northwesterly along the arc the governing statutes of the ViIlage. The under- of said curve, a distance of 743.92 feet to the end lying thrust of this Charter is tq make clear that of said curve and the beginning of a curve, con- this government is ostablished and maintained cave to the south, having a radius of 4019.52 feet with its primary goal service to all residents and and a central angle of $°-40'-40"; thence westerly aIl who have occasion to ba affected by its actions. along the arc of said curve, a distance of 608.78 Responsibility is placed on both the government feet to the end of said curve; thence N-88°- and the governed to continually seek appropriate 14'52"-W, a distance of 200 feet, more or less, to a means to advance the progress of the Village of North Palm Beach. point; said point being on the west Iine of said Section 21 and 15.75 feet south of the northwest Since being incorporated in 1956, the Village of corner of said Section 21; thence N-88°-04'-04"-W, North Palm Beach has been a beacon in comma- along a Iine which is 7.75 feet south of and nity spirit, citizen service, and continuous improve- parallel with the centerline of said Northlake went. Each article in this Charter is aimed at Boulevard (S.R. No. 850), a distance of 2654.1 sustaining that light. Only an informed citizenry feet, mare or less to a paint in the north and south and properly motivated public servants can pre- quarter section line of Section 20, Township 42 serve and widen the vision of the greatest place to South, Range 43 East, Palm Beach County, Flor- live under the sun. ida; thence northerly along the said north and (Ord. No. 31-2002, § 1, 12-12-02} south quarter section line, a distance of 15.75 feet, more or less, to the quarter corner in the north line of said Section 20; thence northerly ARTICLE II. TERRITORIAL BOUNDARIES along the north and south quarter section line of Section 17 of said Township and Range to a point Section 1. [Described.] in the oastorly extension of the northerly right-of- The Territorial Limits of said Municipality are way hne of the Farman River Canal as described hereby defined and shall be as follows: in Deed Book 1047, Page 359, Public Records of Palm Beach County, Florida; thence N-67°-25'- BEGINNING at the intersection of the waters 24"-W a distance of 42.89 feet to a point in the edge along the west shore of Lake Worth, with the northerly right-of--way line of said Earman River south line of Government Lot 1, Section 21, Town- Canal; thence westerly along said northerly right- ship 42 South, Range 43 East, Palm Beach County, of-way line of the Farman River Canal, to the Florida; thence westerly, along the south line of west line of said Section 17; thence northerly said Government Lat 1, to the southwest corner along the west line of said Section 17, to the thereof; thence northerly, along the west line of northwest corner of said Section 17; thenco east` said Gavernrnent Lot 1, also being the north- erly along the north line of said Section 17, to the Sapp. No. 25 3 § 1 NORTH PALM BEACH CODE southwest corner of Cromwell Estates according distance of fi15.95 feet; thence southerly along the to the Plat thereof, recorded in Plat Book 29, page west right-of--way line of the Intracoastal Water- 1iD, Public Records of Palm Beach County, Flor- way (as shown on amended Plat Section 5, Town- ida; thence northerly along the west line of said ship 43 South, Range 43 East, Plat ]3oak 17, Page Cromwell Estates to the northwest corner thereof; 29, Palm Beach County, Florida) to the North line thence easterly along the north line of said of Section 8, Township 43 South, Range 43 East; Cromwell Estates to the west line of the southeast thence easterly, along the north line of Sections $ one-quarter (SE 114) of the southwest one-quarter and 9 of said Township and Range, as shown on {SW'/4) of Section 8 of said Township and Range; Florida Inland Navigation Disti~cts Right-of-Way thence northerly along the west line of the south- Map on pages 10 and 29 of Plat Book 17, Public east one-quarter (SE 114) of the southwest one- Records of Palm Beach County, Florida, to the quarter (SW 114) of Section 8 to the northwest center line of the R/W of State Road No. 5 (U.S. corner thereof; thence easterly along the north Highway #1) as shown on Florida State Road line of the southeast one-quarter {SE 114) of the Department's Right-of Way Map recorded ixx State southwest one-quarter (SW 114) of Section 8 to the and County Road Plat Book 2, pages 43 to 56, west line of Pepperwood Subdivision as recorded inclusive; thence northerly, along the center line in Palm Beach County Records, Plat Book 33, of said State Road Na. 5, to its intersection with page 3.84, thence northerly along the west line of the easterly projection of the North line of Lot 6, said Pepperwood Subdivision to the northwest Plat of Subdivision aF Government Lot 8, Section corner thereof; thence easterly along the north 4 of said Township and Range; thence North line of said Pepperwood Subdivision to a point in 88°-08'-Ofi" West, distance of 6312 feet to the a line lying 260 feet west and parallel to the Northeast corner of said Lot 6; thence North north-south quarter section line of Section 8, 88°-OS'-06" West along the North line of said Lot Township 42 South, Range 43 East, Palm Beach 6 and the easterly projection thereof, a distance of t County, Florida; thence northerly along said line 231.75 feet; thence North 03°-04'-10" West, a a distance of 10$5 feet; thence east along a line distance of 125.20 feet; thence South 89°-49'-50" parallel to the south line of the southeast one- East along a line 25 feet, more or loss, North of quarter (SE 1/4) of the southeast one-quarter (SE the centerline of Caroline Avenue, as now laid out '!4) of the northwest one-quarter (NW 114) of said and in use, a distance of 500.00 feet to a point of Section 8 to a point in the north-south quarter intersection with the Easterly Right-ar Way Line section line of said Section 8; thence northerly ofEllison-Wilson Road, as now laid out and in use along the north and south quarter section line of having a total Right-of--Way width of 66.00 feet; said Section 8 to the north line of said Section thence North Ol°-22'-26" West along the Easterly thence easterly along the north line of said Sec- Right-of--Way Line of Ellison-Wilson Road, same tion 8 to a point in the east right-of--way line of line being the Westerly line of Lots 6 and 7 of said Prosperity Farms Road; thence northerly along "Plat of Subdivision of Government Lot 8," a the east right-of way line of Prosperity Farms distance of 492.84 feet to the Northwest corner of Road to a point in the north right-of--way line of said Lot 7 of the "Plat of Subdivision of Govern- Monet Road as laid out and in use; thence east- went Lot 8," thence North 87°-20'-06" West along erly along the North righ~of--way line of Monet the South line of said Government Lot 7 same line Road as laid out and in use to its intersection with also being the North Line of said "Plat of Subdi- the west line of the east 1/2 of the W 112 of the SE vision of Government Lot 8," a distance of 102.48 ~/4 of the SW ~/4 of the SE 1/4 of Section 5, Township feet to the Southwest Corner of Government Lot 42 South, Range 43 East, thence N-00°-34'-04" 7, Section 4 of said Township and Range; thence East a distance of 611,46 feet; thence easterly North OI°-35'-39"East along the West line of said along the North line of the SE 114 of the SW 114 of Government Lot 7, a distance of 356A7 feet; the SE 114 of said Section 5 a distance of 499.70 thence South $5°-38'-02" East, a distance of 765.13 feet; thence 5-00°-09'-50"-W a distance of 168.05 feet to a point of intersection with the Westerly feet, thence easterly along the north lino of the SE Right-of--Way line of State Road Number 5; less 314 of the S l/a of the SE 414 of said Section 5, a the 66A0 foot Right-of--Way for Ellison-Wilson Supp. Na. 25 4 CIIAIiTER § 1 Road; thence Southeasterly along the Wosterly Florida; thence southerly, along said southerly Right-of--Way line of State Road Number 5 to a extension to a point in the westerly extension of point of intersection with the north line of Gov- the north line of Section 10 of said Township and ernment Lot S, Section 4 of said Township and Range; thence easterly, along said westerly exten- Range; thence easterly, along the north line of lion of the north line of said Section 10 and along said Government Lot 8, to a point lying on the the north line of said Section 10; to the waters of northerly line of Government Lot 8, at its inter- Lake Worth; thence southerly, along the waters of section with the southwesterly corner of the Plat Lake Worth, to the south. line of the Marshall of Twelve Oaks, as recorded in Plat Book 31, Morton Estates, according to the Replat thereof Pages 48 and 49, said Public Records; thence recorded in Plat Book 24, page 1, Public Records northerly along the westerly line of said Plat of of Palm Beach County, Florida; thence easterly, Twelve Oaks a distance of 719.70 feet, thence along the south line of said Marshall Morton westerly along a line parallel to the North line of Estates, to the east boundary of said Marshall Lot 8 to a point izi the westerly right of way line of Marton Estates at the waters of a lagoon; thonce State Road 5 (US #1), thence northerly along the northerly, along the easterly boundary of said westerly right of way line of State Road 5 (US #1}, Marshall Morton Estates and along the waters of a distance of 204 feet, thence run easterly along a said lagoon, to the north line of said Section 10; line parallel to the north line of Lot 8 to a point in thence easterly, along the north line of said Sec- the westerly line of said flat of Twelve Oaks, tion 10, to the waters of the Atlantic Ocean; thence northeasterly along said westerly line and thence southerly, along the waters of the Atlantic its northeasterly prolongation thereof to its inter- Ocoan, to a point in a line parallel to, and 8,000 section with the southerly Right-of--Way line of feet southerly from, measured at right angles to, State Road 703, as recorded in Road Plat Book 5, the north line of said Section 10; thence westerly, Pages 12 and 13, said Public Records; thence along said parallel line, to a point in the westerly easterly along said southerly Right-of--Way line to boundary of the submerged land area conveyed by its intersection with the southerly prolongation of the Trustees of the Internal Improvement Fund of the westerly line of the Plat of Hidden Key, as the State of Florida, to Lake Worth Realty Com- recorded in Plat Book 27, Page 243, said Public pony, a Florida corporation, by Trustees Deed No. Records; thence northerly along said southerly 17,146, recorded in Deed Book 205, page $2, prolongation to the southwesterly corner of said Public Records of Palm Beach County, Florida; Plat of Hidden Key and a point on the north thence southerly, along said westerly boundary to Right-of Way line, to a point at right angles to a point in the easterly extension of the south line centerline station 362 + 62.00 as said stationing is of Government Lot 1 of said Section 21, thence shown on the Plat of Bulkhead line in the north westerly, along said easterly extension across end of the Waters of Lake Worth, as recorded in Lake Worth to the point of beginning, at the Plat Book 26, page 135, Public Records of Palm waters edge on the west shore of said Lake Worth. Beach County, Florida; thence southerly at right And a tract of land in Lots 3 and 4 of a subdivision angles to said north Right-of--Way line, a distance of Government Lot Section 4, Township 42 of 53.00 feet to a point on said centerline of State South, Range 43 East, Palm Beach County, Flor- Road No. 703 and the northerly prolongation of ida, according to the Plat thereof, recorded in Plat the bulkhead line as shown on said plat; thence Boak 18, page 4, Public Records of Palm Beach southerly and southwesterly, along said northerly County, Florida, said tract of land being more prolongation and said bulkhead line to its inter- particularly described as follows: section with the easterly prolongation of the north line of said Government Lot 8; thence continue Begin at the point of intersection of the north easterly along the same course, to a point in the right-of--way line of McLaren Road with the east southerly extension of the line between Govern- right-of--way line of Ellison-Wilson Road, said ment Lats 3 and 5 of said Section 4, as shown on point being the southwest corner of Lot 3; thence Plat of Seminole Beach recorded in Plat Book 22, run N°3-04'-10"-W along the east right-of--way page 37, Public Records of Pahn Beach County, line of Ellison-Wilson Road 303.89 feet to the Supp. No. 25 5 f § 1 NORTH PALiVL BEACH CODE northwest corner of the said Lot 3; thence run lying easterly of the East line of these lands S-S9°-54'-29"-E, along the north line of Lot 3 a described in Deed Book 877, Page 439, Palm distance of 7.01 feet thence run North 03°-04'-10" Beach County records: west a distance of 303.93 feet, thence run North TOGETHER WITH the West Half (W 112) of the 89°-49'-50" West a distance of 7.01 feet, thence run North 03°-04'-10" West a distance of 125 feet, West Half (W 112) of the Southeast Quarter (SE 114) thence run South 89°-49'-50" East a distance of of the Southwest Quarter (SW l/a) of the South- east Quarter (SE y4) of the said Section 5: 620 feet, thence run North 03°-04'-10" West a distance of 125.20 feet, thence run South 89°-49'- TOGETHER WITH the West thirty feet (30') of 50" east a distance of 125.06 feet, thence run the following described parcel: South 0°-12'-26" West a distance of 74.91 feet, thence run South 23°-48'-04" East 248.69 feet, Commencing at the center of said Section 5: thence run South 89°-54'-29" East a distance of thence easterly along the East-West Quarter Sec- 14.89 feet; thence run south 190.18 feet; thence Lion line a distance of 1,293.76 feet to the North- run easterly paraIlel with the north line of Lot 4 a west corner of the Northeas~ Quarter {NE ~4) of the Southeast Quarter {SE /4) of said Section 5: distance of 50 feet, thence southerly parallel to thence South 00°-08'-30" West along the West line the west line of Lot 4 a distance of 112.41 feet to of the Northeast Quarter (NE 1/4} of the Southeast a point in the north right-of--way line of 1VIcLaren Quarter (SE 1~4) of Section 5, (the west line of the Road; thence run west along the north right-of- Northeast Quarter (NE 1/4) of the Southeast Quar- way line of McLaren Raad, 727.33 feet to the paint ter (SE 114} of Section 5 is assumed to bear South of beginning. 40-°-08'-30" West and aIl other bearings are rela- tive thereto} a distance of 1.343.65 feet to the And a tract of land described as follows: A parcel Southwest corner of the Northeast Quarter (NE j of land lying in Section 5, Township 42 South, 1~4) of the Southeast Quarter (SE of Section 5 and the POINT OF BEGINNING of the herein Range 43 East, Palm Beach County, Florida, and described parcel: thence South 88°-16'-41" East being more particularly described as follows: along the South line of the Southwest Quarter (SW 114) of the Northeast Quarter (NE 114) of the That part of the North Half (N 1!2) of the South Southeast Quarter (SE 114} of Section 5 a distance Half (S 112) of the Southeast Quarter (SEll4} of said of 144.46 feet: thence North 02°-13'-54" West, a Section 5 lying westerly of the West Right-of-Way distance of 157.46 feet; thence North 88°-16'-41" line of the Iutracoastal Waterway and lying East West, a distance of 137.95 feet; thence South 00°-08'-30" West, a distance of 157.15 feet to the of the easterly Right-of--Way line of Prosperity pOINT OF BEGINNING. Farms Road, as shown in Road Plat Book 2, pages 136 and 137; TOGETHER WITH the following described par- cel: TOGETHER with the Northeast Quarter (NE ~/4) Begin. at the Northeast corner of Lot 5, according of the Southwest Quarter (SW 1/4) of tho South- to the Plat of subdivision of Government Lot 8, west Quarter {SW 74) of the Southeast Quartor Section 4, Township 42 South, Range 43 East, as (SE 1/4} of Section 5: recorded in Plat Book 18, Page 4, in and for the records of Palm Beach County, Florida; Thence N 89° 47' S8" W along the North Tine of said Lot 5, a TOGETHER WITH that part of the North 169.5 distance of 250.12 feet to a point: Thence South- feet of the West Half (W l/z) of the Southwest erly, at right angles bearing South 0° 12' 02" Quarter (SW 1/4} of the Southwest Quarter (SW West, a distance of 74.91 feet; Thence South 23° 1/4) of the Southeast Quay.°ter (SE 1/4) of Section 5 47' 30" East, a distance of 200.65 feet; Thence South 89° 54' 40" East, a distance of 283.22 feet to a point in the East line of said Lat 5; Thence r Supp. Na. 25 6 CIIARTER § L North 23° 47' 30" West along East line of said Lot West along said plat line and the West line of tho 5; a distance of 282.04 feet to the Point of Begin- North 165.00 feet of the South half of the south- ning. east quarter of the southeast quarter of said Section 5 a distance of 165.07 feet to the POINT TOGETHER WITH the following described par- OF BEGINNING. cel: TOGETHER WITH the following described par- Aparcel of land lying in the southeast quarter of cel: Section 5, Township 42 South, Range 43 East, A parcel of land Iying in the Southwest Quarter of Palm Beach County, Florida, more particularly Section 17, Township 42 South, Range 43 East, described as follows: Palm Beach County, Florida, being more particu- larly described as follows: Commencing at the southwest corner of the south- Begin at the Southeast corner of said Southwest east quarter of said Section 5; thonco South Quarter of Section 17; thence Northerly, along the 88°-34'-32"East along tho South line of the south- North-South quarter section line of said Section east quartor (the South line of the southeast 17, a distance of 1748.3 feet, more or less, to a quarter is taken to bear South 88°-34'-32" East point on the Easterly prolongation of the North and all other bearings stated herein are relative line of Lot 29, according to the Plat of Kelsey thereto) a distance of 841.10 feet to the East line Acres, as recorded in Plat Book 22, Page 16, of the West half of the West half of the southeast Public Records of Palm Beach County, Florida; quarter of the southwest quarter of the southeast thence Westerly, along said prolongation and the quarter of said Section 5; thence North 00°-06'- North line of Lot 16 and Lots 1$ through 29, a 53" East along said East line and along the West distance of 1446.5 feet more or less, to a point on line of the Plat of Harbow- Point Marina, recorded the Easterly right of way line of State Road in Plat Book 73, Pages 99 and 100, Public Records Alternate A-1-A, as recorded in Road Plat Book 6, of Palm Beach County, Florida, a distance of Page 180, Public Records of Palm Beach County, 671.39 feet to the northwest corner of said plat; Florida; thence Southerly along said Easterly thence South 88°-37'-59' East along the North right of way line, a distance of 889.3 feet to a line of said plat a distance of 499.75 feet to the Point; thence Westerly, at right angles to the mast northeasterly corner of said plat and the preceding course, a distance of 106 feet to a point POINT OF BEGINNING of the hereinafter de- on the Westerly right of way line of said State scribed parcel; thence continue South 88°-3T-59" Road Alternate A-1-A; thence Northerly, along East along the North line of the South half of the said right of way line, a distance of 100.00 feet, southeast quarter of the southeast quarter of said more or less, to a point in the South line of that Section 5 a distance of 594.98 feet to a point of certain parcel described in Official Record Book intersection with the West right-of--way line of the 2865, Page 1178, Public Records of Palm Beach Intracoastal Waterway as shown on the Amended County, Florida; thence Westerly, along said South Plat of Section 5-42-43 of the Intracoastal Water- line, a distance of 282.8 feet, more or less, to a way, as recorded in Plat Book 17, Page 29, Public Point in the Easterly right of way line of the Records of Palm Beach County, Florida; thence Florida East Coast Railroad; thence Southerly, South 07°-20'-49" East along said right-of--way along said Easterly right of way line, a distance of line a distance of 166.93 feet to a point on the 983 feet, more or less, to a point in the South line South line of the North 165.00 feet of the South of said Southwest Quarter of Section 17; thence half of the southeast quarter of the southeast Easterly, along said South line, a distance of 1096 quarter of said Section 5; thence North 8S°-3T_ feet, more or less, to said Southeast corner of the 59" West along said South line a distance of Southwest Quarter and the Point of Beginning. 615.50 feet to the southwest corner of the North TOGETHER WITH the following described par- 165.00 feet of the South half of the southeast cel: quarter of the southeast quarter of said Section 5, Lots 14 and 15, Kelsey Acres, according to the plat said point lying on the East line of said Plat of recorded in plat book 22, page 16, Public Records Harbour Point Maazna; thence North 00°-1T-18" of Palm Beach County, FL. Supp. Na. 25 7 § 1 NORTH PALM BEACH OODE DESCRIPTION: A parcel of land lying in Section thence Southerly at right angles to said center 5, Township 425, Range 43E, Palm Beach County, Tine, a distanco of 359 feet to a paint in the Florida, being mare particularly described as fol- Northerly right-of--way line of Northlake Boule- lows: yard as said right-of--way is described in Official Commencing at the South Quarter Corner of Record Book 178, Page 458, of the Public Records Section 5, thence South 88°34'23" East, a distance of Palm Beach County, Florida; thence Easterly of 336.51 feet; thence North 0°30'48" East, a al°ng sa.~d Northerly right-of--way line a distance distance of 60.00 feet to the POINT OF BEGIN- of 400 feet; thence Northerly at right angles to NING, thence continue North 0°30'48" East, a said Northerly right-off way lino a distance of 244 distance of 275.38 feet; thence South 88°33'45" feet to the Southerly right-of--way line of Central and Southern Florida Flood Control District (now East, a distance of 334.55 feet; thence South known as South Florida Water Management Dis- 0°13'21" West, a distance of 275.35 feet; thence trict) Canal C-17 as said right-of--way is described North 88°34'23" West, a distance of 335.95 feet to in easement deed recorded ixi Deed Book 115fi, the POTNT OF BEGINNING. page 186, of the Public Records of Palm Beach Containing 2.119 acres more or less. County, Florida; thence Westerly along said South- erly right-of--way line a distance of 75.00 feet; DESCRIPTION: The East one-half, of the South thence Northerly at right angles to said Southerly one-half, of the East one-half, of the Southwest right-of--way line 115 feet to the POINT OF BE- one-quarter, of the Southwest one-quarter, of the GINNING. Southeast one-quarter, of Section 5, Township 42 South, Range 43 East, Palm Beach County, Flor- SUBJECT TO RIGHT-OF-WAY OF C-17 CANAL. ida, Iess the South 60 feet thereof for the right-of- way of Monet Road. TRACT I: A certain parcel of land in Section 21, Township 42 South, Range 43 East, Palm Beach TOGETHER WITH: Tha West one-half, of South- County, Florida, being more particularly de- east ono-quarter, of Southwest one-quarter, of scribed as follows: Southwest one-quarter, of Southeast one-quarter, of Section 5, Township 42 South, Range 43 East, Beginning at the intersection of the westerly Less the South 60 feet thereof for right-of--way of right-of--way line of State Road No. 5 as described Monet Road. in a deed from Tandem, Inc. to the State of Florida LEGAL DESCRIPTION: A parcel of land lying in as same is recorded in Deed Book 838, Page 25, Section 16 and 21, Township 42 South, Range 43 Public Records of Palm Beach County, Florida East, Palm Beach County, Florida, more portico- with the northerly right-of--way of Palmetto Road larly described as follows: as shown on the Plat of Kesley City (now Lake Park} as same is recorded in Plat Book 8, Page 35, BEGINNING at a point in the center line of the Public Records of Palm Beach County, Florida, right-of--way of Central and Southern Florida Flood and from said point of intersection run (for con- Control District {now known as South Florida venience the said northerly right-of way line of Water Management District} Canal C-17 as said Palmetto Road is assumed to bear North 59°57'15" right-of--way is described in easement deed re- West and ail other bearings mentioned herein are corded in Deed Book 1156, Page 186, of the Public relative thereto}. North 89°57'15" West running Records of Palm Beach County, Florida, said point along the said northerly right`of--way Iine a dis- being 624.66 feet Westorly, measured along said tance of 468.28 feet; thence North 7°2T45" West, center line, from the Westerly right-of-way line of a distance of 247.44 feet; thence South 88°43'22" State Road No. 5 (U.S. Highway Na. 1) as said West a distance of 249.34 feet to a point in a line right-of--way line is shown an State Road Depart- parallel with and one foot westerly from (mea- ment Right-of--Way Map as recorded in Road Plat sured at right angles to} the westerly wall of the Book 2, Pages 105 to 108, inclusive, Public Records Truck Wall so called at the westerly end of the of Palm Beach County, Florida; thence Westerly J.M. Fields Stare Building, so called; thence North along said center line a distance of 325 feet; 01°19'04" West, along said parallel line, a din- Supp, No. 25 $ GHARTE~i, § 1 Lance of 152.42 feet, more or less, to a point in the scribed in Deed from Tasdem, Tncorporated to the westerly extension of the North face of the South State of Florida, recorded in Deed Boak 838, Page wall of the Garden Shop so called, said Garden 25, Public Records of Palm Beach County, Florida, Shop located in the Northwesterly corner of the with the Northerly right-of--way line of Palmetto said J.M. Fields Store Building; thence North Road, as shown an the Plat of Kelsey City (now 88°4D'58" East along the just said westerly exten- Lake Park), recorded in Plat Book S, Page 35, Sion and along the just said North face of the public Records of Palm Beach County, Florida; South wall a distance of 41 feet, more or less, to a thence Westerly, along said Northerly right-of- point in the West face of the East wall of said way line, a distance of 488.28 feet to a point on a Garden Shop; thence North O1°19'04" West run- portion of the Westerly boundary of that certain ping along the just said West face of the East wall parcel of land described in Official Records Book and the northerly extension thereof a distance of 3343, Page 1786, Public Records of Palm Beach 12D.27 feet, more or Less to a point in the face of County, Florida, and the point of beginning of the the curb, said curb being 20.26 feet northerly from and parallel with the face of the North wall hereinafter described parcel; thence Northerly of said building; thence North 88°40'56" East along said Westerly boundary, making an angle running along the said face of the curve and its with the preceding course, measured from East to Easterly extension of a distance of 537.31 feet, North of 87°30'30", a distance of 247.44 feet to a more or less, to a point in the said westerly point thence Westerly, making an angle with the right-ot=way line of State Road No. 5, said point preceding course, measured from South to West of being also a point on a curve concave to the West, 96°11'07", a distance of 208.$0 feet to the of the having a radius of 11384.22 feet and whose tan- Easterly boundary of that certain parcel of land gent passing through said point bears South described in Official Records Book 3259, Page 10°13'29" East; thence southerly running along 278, Public Records of Palm Beach County, Fior- the arc of the just described curve and along the ida; thence Southerly, along said Easterly bound- saidwesterly right-of--way Line subtending a cen- ary, making an angle with the preceding course, tral angle of D1°48'D7", a distance of 358.34 feet, measured from East to South of 89°58'58", a more or Tess, to the end of said curve; thence distance of 240.58 feet to a point on said North- South 81°34'38" West running along a line radial erly right-ofway line, making an angle with tho to the just described curve and radial to the next preceding course, measured from North to East of described curve and continuing along said west- 91°20'25", a distance of 235.45 feet to the point of erly right-of--way line a distance of 5 feet to a point beginning. in a curve concave to the West, being concentric (Laws of FIa., Ch. 73-564, § 1; Ord. No. 03-95, with the last described curve and having a radius 2-9-95; Ord. No. 24-96, 7-11-96; Ord. No. 33-96, of 11389.22 feet; thence southerly running along 8-22-96; Ord. No. 20-99, § 1, 5-27-99; Ord. No. the arc of the just described curve and continuing 16-2002, § 1, 5-23-02; Ord. No. 27-2002, § 1, along the said westerly right-af--way line; subtend- 9-26-02; 03-2403, § 1, 2-13-03} ing a central angle of 00°25'22", a distance of 84.D4 feet to the end of said curve; thence south OS°00'00" East along the westerly right-of--way ARTICLE III. LEGISLATIVE line a distance of 91.77 feet, more or less, to the POINT OF BEGINNING. Section 1. Village council; powers anal cozri- position. TRACT II A parcel of land Lying in Section 21, Township 42 Thera shall be a village council with all Iegis- South, Range 43 East, Palm Beach County, Flar- lative powers of the village vested therein consist- ida, being more particularly described as follows: ing of five (5) members who shall be electors of the village, who shall be elected by the electors of the Commence at the intersection of the Westerly village. Right-of--way line of State Road No. 5, as de- {Ord. No. 1-76, § 1, 2-19-76) Cupp. No. 25 g § 2 NORTH PAL11~ BEACH CODE f~ Section 2. Election and terms. and it shall be the duty of said clerk to present l such charges to the council at its next meeting On the second Tuesday in Marcb. of each year a following the receipt of such charges by him. eneral election shall be held to elect members of g Thereafter the council shall proceed to hear and the village council. The selection of members of determine the said charges after reasonable no- the village council shall be by groups to be known tics of such hearing to the suspended officer, who as Groups 1, 2, 3, 4 and 5. The councilmen in Groups 1, 3 and 5 shall be elected in the even shall be given an opportunity to be heard with his years and councilmen in Groups 2 and 4 shall be witnesses. If upon such hearing the charges pre- elected in the odd years. The term of office of a ferred against such officer shall not be sustained by the council, the officer shall be thereby imme- councilman shall commence upon his election and diately restored tp office unless the council shall qualification and shall continue for two (2) years decide to terminate the services of such officer for thereafter and until his successor is elected and other cause, or without cause. qualified; provided, however, that the terms of office of those councilmen whose terms expire in In the event that any village officer shall be March of 1981 and March of 1982 shall be short- suspended by the mayor as herein provided, the erred by a period of one week. (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1, mayor shall have power to appoint some person or 10-9-8Q) some other officer of the Village temporarily to perform the duties of the officer suspended, until the charges against such suspended officer are Section 3. Mayor. heard and determined. by the council. The council shall elect from among its mem- (Ord. No. 1-76, § 1, 2-19-76) tiers a mayor, a vice mayor, and a president pro tem to serve at the pleasure of the council. Elec- Section 4. Compensation and expenses. tion of the mayor, vice mayor and president pro tem shall be done annually at the first (1st) The council may determine the annual salary regular council meeting after the village election. of council members by ordinance, but no ordi- The mayor shall preside at meetings of the coun- nonce increasing such salary shall become effec- cil, shall be recognized as head of village govern- five until the date of commencement of the terms went for all ceremonial purposes, by the governor of the council members elected at the next regular for purposes of military law, far service of process, election, provided that such election follows the execution of contracts, deeds and other docu- adoption of such ordinance by at least six {6) ments, and as the village official designated to months. represent the village in all agreements with other {Ord. No. 1-76, § 1, 2-19-76) governmental entities or certifications to other governmental entities, but shall have no admin- istrative duties except as required to carry out the Section 5. Vacancies; forfeiture of office; fill- responsibilities herein. The vice mayor shall act ing of vacancies. as mayor during the absence or disability of the mayor. The president pro tem shall preside at (a) TT¢c¢ncies. The office of a council member council meetings in the absence of the mayor and shall become vacant upon his death, resignation, vice mayor. removal from office in any manner authorized by law or forfeiture of his office, such forfeiture to be The mayor shall have power, for sufficient declared by the remaining members of the coun- cause, to suspend any Village officer or official cil. appointed by the council. In case of the suspen- sion of any such person, the mayor shall, within (b) Forfeiture of office. A council member shall fifteen (I5) days thereafter, deliver to the village forfeit his office if he lacks at any time during his clerk, or his deputy, a specification in wt•iting of term of office any qualification for the office the charges preferred to the officer suspended; prescribed by this charter or by law. ~ t Supp. No. 25 1Q CHARTER § 8 (c} Filling of vacancies. A vacancy of the coup- press its views and fully and freely discuss with cil shall be filled in one of the foIlowing ways: (1) the manager anything pertaining to appointment If there are less than six (6) months remaining in and removal of such officers and employees. the unexpired term or if there are less than six (6) months before the next regular village election, (b) Interference with administration. Except the council by a majority vote of the remaining for the purpose of inquiries and investigations, members shall choose a successor to serve until the council or its members shall deal with village tho newly elected council member is qualified. (2) offiicers and employees who are subject to the If there are more than six (6} months remaining chrection and supervision of the manager solely in the unexpired term and no regular village through the manager, and neither the council nor election is scheduled within six (6) months, the its members shall give orders to any such officer council shall fill the vacancy on an interim basis or employee, either publicly or privately: Nothing as provided in {1), and shall schedule a special in the foregoing is to be construed to prohibit election to be held not sooner than sixty (60) days, individual members of the council from closely nor more than ninety (90) days following the scrutinizing by questions and porsanal observa- occurrence of the vacancy and if a runoff election tion, all aspects of village government operations is necessary, it shall be schedulod one (1) woek so as to obtain independent information to assist after the special election. Notwithstanding any the members in the formulation of sound policies quorum requirements established herein, if at to be considered by the council It is the express any time the membership of the council is reduced intent of this charter, however, that recommenda- to less than a quorum, the remaining members tions for improvement in village government op- may by majority vote, appoint additional mem- orations by individual council members be made bers under either (1) or (2) above. ~ and through the villago manager, so that the manager may coordinate efforts of all village (d) Extraordinary vacancies. In the event that departments to achieve the greatest passible sav- all members of the council are removed by death, ings through the most efficient and sound means disability, law or forfeiture of office, the governor available. shall appoint an interim council that shall call a spocial oloetion as provided in (c) above and such (c) Holding other office. No former elected vil- election shaIl be held in the same manner as the loge official shall hold any compensated appoint- first (1st} election under this charter. ive village office or employment until one (1) year after the expiration of the term for which he was (e) Vacancies when no candidates. There may elected. be an occasion when there are no candidates fora {Ord. No. 1-76, § 1, 2-I9-76) normal council vacancy at the time of a regularly scheduled or special election. In the event this Section 7. Turnover of documents. occurs, a majority of the council shall fill the vacancy as noted in (c)(I} above and shall sched- It shall be the duty of every officer of the village ule any necessary election as noted in (c)(2) above. within ten {10} days after the expiration of his (Ord. No. I-76, § I, 2-19-76; Ord. No. 33-2002, § 1, term of office or of his removal therefiom, to 12-12-02} deliver to his successor in office, or to such person Editor's note-Ord. No. 33-2002, was passed by vote in as the council may designate, all books, records, an election held 3Vlarch i7., 2003. papers, vouchers and property of every kind in his possession or control, belonging to the municipal- Section 6. Prohibitions. ity {a) Appointment and removals. Neither the (Ord. Na. 1-76, § 1, 2-19-76} council nor any of its members shall in any Section S. Council-appointed officials. manner dictate the appointment or removal of any village administrative officers ar employees The council shall have power to exaploy and whom the manager ar any of his subordinates are retain engineers, judges, prosecutors, accaun- empowered to appoint, but the council may ex- tents and attorneys. The council shall have the Supp. No. 25 II § & I~IORTH PALM BEACH CODE power to create and abolish all offices and fix and sideration by the council of any adopted determine the authority, duties and compensation ordinance and, if the council fails to re- of all appointed officers, assistants and employ- peal an ordinance so reconsidered, to ap- ees. prove or reject rt at a village election, (Ord. No. 1-76, § 1, 2-19-7G) provided that such power shall not extend tv the budget ar capital program or any Section 9. Procedure. emergency ordinance or ordinance relat- (a) Meetings. The council shall meet regularly ing to appropriation of money, levy of at least once in every month at such times and taxes yr salaries of village officers or em- places as the council may prescribe by rule. Spe- ployees. cial meetings may be held on the call of the mayor or of a majority of the members and, whenever (b} Commencement of proceedings. Any five (5) practicable, upon no less than forty-eight {4$} qualified voters may commence initiative or ref- hours' notice to each member and the public. erendum proceedings by filing with the village clerk or other official designated by the council an (b} Rules and journal. The council shall deter- affidavit stating they will constitute the petition- mine its own rules and order of business. ers' committee and be responsible for circulating (c) Voting. Voting, on ordinances and resolu- the petition and filing it in proper farm, stating tions, shall be recorded in the journal. A majority their names and addresses and specifying the of the council shall constitute a quorum; but a address to which alI notices to the committee are smaller number may adjourn from time to time to be sent, and setting out in full the proposed and may compel the attendance of absent mem- initiative ordinance or citing the ordinance sought bers in the manner and subject to the penalties to be reconsidered. prescribed by the rules of the council, No action of the council except as otherwise provided in the Promptly after the affidavit of the petitioners' preceding sentence and in § 5, shall be valid or committee is filed, the clerk or other official binding unless adopted by the affirmative vote of designated by the council may, at the committee's the majority of a quorum present, and no ordi- request, issue the appropriate petition blanks tv nonce or resolution shall be adopted unless by the the petitioners' committee at the committee's ex- affirmative vote of at least three (3) council mem- pence. bers. (Ord. No. 1-76, § 1, 2-19-7~; Ord. No. 34-2002, § 1, (c) Petitions. 12-12-02} Editor's note--Ord. No. 34-2~~2, was passed by vote in (1-) Number of signatures. Initiative and ref- an election held March 11, 2003. erendum petitions must be signed by qual- ifiedvoters of the village equal in number Section 10. Tnitiative and referendum. to at Toast fifteen percent (15%} of the (a) {I) Initiative. The qualified. voters of the total number of qualified voters regis- village shall have power to propose ordi- tared tv vote at the last regular village nances to the council and, if the council election. fails to adapt an ordinance so proposed {2) Form and content. All papers of a petition without any change in substance, to adopt shall be uniform in size and style and or reject it at a village election, provided shall be assembled as one instrument for that such power shall not extend to the filing. Each signature shall be executed in budget or capital program or any ordi- ink or indelible pencil and shall be fol- nance relating to appropriation of money, lowed by the address of the person sign- levy of taxes or salaries of village ofFieers ing. Petitions shall contain ar have at- or employees. tacked thereto throughout their circulation (2} Referendum. The qualified voters of the the full text of the ordinance proposed or village shall have power to require recon- sought to be reconsidered. Supp. No. 25 CHARTER § 10 (3) Affidavit of circulator. Each paper of a send a copy of such certificate to the petition shall have attached to it when petitioners' committee by certified mail, filed an affidavit executed by the circula- return receipt requested, as in the case of for thereof stating that he personally cir- an original petition. If a petition or culated the paper, the number of signa- amended petition is certified sufficient, or tures thereon, that all the signatures were if a petition or amended petition is certi- affixed in his presence, that he believes fled insufficient and the petitioners' com- them to be the genuine signature of the mittee does not elect to amend or request persons whose names they purport to be council review under subsection (2) of this and that each signer had an opportunity section within the time required, the clerk before signing to read the full text of the or other official designated by the council ordinance proposed or sought to be recon- shall promptly present his certificate to sidered. the council and the certificate shall then (4) Time for filing referendum petitions. Ref- be a final determination as to the suffi- erendum petitions must be filed within ciency of the petition. thirty {3d) days after adoption by the (2) Council review. If a petition has been council of the ordinance sought to be re- certified insufficient and the petitioners' considered. committee does not file notice of intention (d) Procedure for ~xling. to amend it or if an amended petition has been certified insufficient, the committee (1) Certificate of clerk; amendment. Within may within two (2) days after receiving twenty (20) days after the initiative peti- the copy of such certificate, file a request tion is filed and twenty (20) days far a that it be reviewed by the council. The referendum petition, the village clerk or council shall review the certificate at its other official designated by the council next meeting following the filing of such shall complete a certificate as to its suffi- request and approve or disapprove it, and ciency, spocifying, if it is insufficient, the the council's determination shall then be particulars whorein it is defective and a final determination as to the sufficiency shall promptly send a copy of the certifi- of the petition. cote to the petitioners' committee by cer- tified mail, return receipt requested. (e) Referendum petitions; suspension of effect Grounds for insufficiency are only those of ordinance. When a referendum petition is filed specified in subsection {c}. A petition cer- with the village clerk or other official designated tified insufficient for lack of the required by the council, the ordinance sought to be recon- number of valid signatures may be sidored shall be suspended from taking effect. amended once if the petitioners' commit- Such suspension shall terminate when: tee files a notice of intention to amend it (1j There is a final determination of insuffi- with the clerk or other official designated ciency of the petition, or; by the council within two (2) days after receiving the copy of the certificate and (2) The petitioners' cainmittee withdraws the files a supplementary petition upon addi- petition, or; tional papers within. ten (10) days after {3) The council ropeals the ordinance, or; receiving the copy of such certificate. Such supplementary petition shall comply with After a vote of the viIlage on the ordinance the requirements of subsections (2) and has been certified. (3) of Section 1Q(c), and within five (5) days after it is filed the clerk or other Action an petitions. official designated by the council shall (1) Action by council. When an initiative or complete a certificate as to the sufficiency referendum petition has been finally de- of tha petition as amended and promptly termined sufficient, the council shall Supp. No. 25 ] $ § ZD NORTH PALM BEACH CODE fF promptly consider the proposed initiative ceiving the greatest number of affirma- ordinance in the manner provided in Ar- five votes shall prevail to the extent of title III ar reconsider the referred ordi- such conflict. Hance by voting its repeal. If the council (2) Referendum. If a majority of the qualified fails to adopt a proposed initiative ordi- electors voting on a referred ordinance Hance without any change in substance vote against it, it shall be considered within sixty {6fl}days or fails to repeal the repealed upon certification of the election referred ordinance within thirty (30) days, results. it shall submit the proposed or referred ordinance to the voters of the village. (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 35-2002, § 1, 12-12-02) Editor's note-Ord. No. 35-2002, was passed by vote in (2) Submission to voters. The Vote of the an election haId March lI, 2D03. village on a proposed ar referred ordi- nance shall bo held not less than thirty Section ll. Sale of property; referendum re- (30) days and not later than sixty (60) quired. days from the date that the petition was determined sufficient. If no regular vil- {a) Any disposition of village owned real prop- lage election is to be held within the erty dedicated or used for parks or recreational period described in this subsection, the purposes within the corporate limits of the Village council shall provide far a special election; of North Palm Beach; improvements of same by except that the council may, in its discre- other than the village government by way of tion, provide for a special election at an placing structures thereon; any lease of said real earlier date within the described period. property by the village as lessor for a period Copies of the proposed or referred ordi- exceeding five (5} years shall first require afour- nanceshall bemade available at the palls. fifths majority vote of the members of the Village Council and shall further require approval by (3) Withdrawal of petitions. An initiative or vote of 662/a percent of the Village electors who referendum petition may be withdrawn at vote in a referendum election called and held as any time prior to the fifteenth (15th} day Provided by law. This section shall apply to real preceding the day scheduled for a vote of property acquired by the Village subsequent to the village by filing with the village clerk the date of adoption of this charter, which real ar other offiicial designated by the council property is dedicated or used far parks or recre- a request for withdrawal signed by at ational purposes. least four {4) members of the petitioners' (b} The limitation of power to dispose of prop- committee. Upon the filing of such re- erty shall embrace sale, exchange, lease, mort- quest the petition shall have no further gage, pledge, or other encumbrance of such zeal force or effect and all proceedings thereon property; but shall Hat embrace abandonment, shall be terminated. gift or donation to a charity of such real property {g) Results of election. officially determined to be of no further use to the Village and of nominal sale value or no value. (1) Initiative. If a majority of the qualified (c) The parks or recreational property to which electors voting on a proposed initiative this section presently applies are depicted on the ordinance vote in its favor, it shall be map of the Village attached hereto and shown by considered adopted upon certification of crosshatching thereon, together with the fallow- the election results and shall be treated in ing descriptions for the crosshatched areas: North all respects in the same manner as ordi- Palm Beach Community Center and Park, Anchor- nances of the same kind adopted by the age Park, Lakeside Park, Osborne Park, North council. If conflicting ordinances are ap- Palm Beach Country Club, ViIlage Marina and proved at the same election, the one re- Herb Watt Recreational Center. Sapp. No. 25 14 CIIARTER § 4 (d) This section shall not apply to any strut- referendum election called for and held as pra- tures on or upon Village owned real property that vided by law. This section is not intended nor exist as of the date of adoption of this Charter shall it be construed as a prohibition against the Amendment; no [nor] shall this section apply to Village entering into contracts and interlocal agree- the repair or reconstruction of any such existing meats with public or private entities for services structures; except that this section shall apply to and assistance within one or more of the specified such structures in the event that said existing Village departments structures shall be abandoned ar officially deter- {Ord. No. 37-2002, § 1, 12-12-02 mined to be of no further use to the Village. Editor's note-prd. No. 37-2002, was passed by vote in an election held March 11, 2003. {e) This section shall not apply to any disposi- tion of Village owned real property, any improve- ment of same by way of placing structures thereon, .ARTICLE IV. ADMINISTRATIVE or any base of said real property by the Village if the same is required by State or Federal law, or if Section 1. Village manager. required by mandate of any agency or subdivision Thom shall be a village manager who shall be or the State or Federal Government with jurisdic- the chief administrative officer of the village. The tion over the Village. manager shall be responsible to the council for (fj This section shall not apply to the construe- the administration of all village affairs placed in tion of public utility structures, nor the placement his charge by or under this charter. of underground utility structures including, but (Ord. No. 1-76, § 1, 2-19-76} not limited to, water mains, sewer lines, storm water drainage and other utilities. Section 2. Appointment; removal; compen- sation [of manager]. (g) This section shall not apply to the construe- (a) Appointment. The council shall appoint a tion of structures deemed necessary by the Vil- village manager far an indefinite term by a ma- lage for public recreational purposes on Village jority vote of all the council members. owned real property on which public recreational structures exist as of the date of adoption of this (b) RemoUa~. The council may remove the man- Charter Amendment. alter by a maj ority vote of all the council members (Ord. Na. 11-86, § 1, 9-11-86; Ord. No. 36-2002, and the manager shall hold office at the pleasure § 1, 12-12-02) of the council. Editor's note-Ord. No. 36-20fl2, was passed by vote in an election held Mara, 11, 2003. (c) Compensation. The compensation of the manager shall be fixed by the council. Section 12. Contracting of village services; (Ord. No. ~-76, § 1, 2-19-76) referendum required. Section 3. Vacancy [in office of manager]. No contract or interlocal agreement shall be During any vacancy in the office of village entered into between the Village and athird- manager, the council may designate any cornpe- party public or private entity whereby the third tent person, except the mayor or any member of party is to take over the management and per- the council, to execute the functions of the office of form the duties and responsibilities of either the village manager. Public Safety Police, Fire or Emergency Medical (Ord. No. I-76, § 1, 2-19-76) Services Divisions, the Public Services Depart- ment Administration, Building or Sanitation Di- Section 4. Acting village manager. visions, Finance Department, Recreation Depart- ment or Library unless the proposed contract or By letter filed with the council, the manager interlocal agreement first receives afour-fifths shall designate, subject to approval of the council, vote of the Village Council and the approval of a qualified village administrative officer to exer- two-thirds of the Village electors who vote in a cise the powers and perform the duties of man- Supp. No. 25 § 4 NORTH PALM BEAC~i CODE ager during his temporary absence or disability. {h) Keep the council folly advised as to the During such absence or disability, the council may financial condition and future needs of revoke such designation at any time and appoint the village and make such recommenda- another officer of the village to serve until the tions to the council concerning the affairs manager shall return or his disability shall cease. of the village as he deems desirable; (Ord. Na. 1-76, § 1, 2-19-76) {i) Sign contracts on behalf of the village Section 5. Powers and duties of the village pursuant to the provisions of appropria- manager. Lions ordinances; The Village Manager shall: (j) Perform such other duties as are specified (a) Appoint, and when he deems it necessary in this charter or may be required by the for the good of the village, suspend or council. remove all village employees and appoint- (Ord. No. Y-76, § 1, 2-19-76) ive administrative officers provided far by or under this charter, except as otherwise Section 6. Gauntry club administrator. provided bylaw, this charter or personnel rules adopted pursuant to this charter. He The council shall Dave the power by ordinance may authorize any administrative officer to provide for the management and/or adminis- who is subject to his direction and super- tration of any village owned or operated country vision to exercise these powers with re- club and its related activities, in whole or in part, spect to subordinates in that officer's de- separate from the office of the Village Manager partment, office or agency; and to specify the authority, if any, that the (b) Direct and supervise the administration Village Manager shall have over employment, of all departments, offices and agencies of management, administration or other matters in the village, except as otherwise provided any way connected with the operation of any by this charter or by law; village owned or operated country club. (Ord. No. 1-76, § 1, 2-19-76) {c) Attend alI council meetings and shall have the right to take part in discussion but Section 7. Villa a clerk. may not vote, g (d) See that all laws, provisions of this char- There shall be a Village Clerk who shall be ter and acts of the council, subject to responsible to the council for the proper adminis- enforcement by him or by officers subject tration of alI affairs of the village coming under to his direction and supervision, are faith- the clerk's control as defined in Article 1V, Section fully executed; 10, (e) Prepare and submit the annual budget, (Ord. No. 38-2002, § 1, 12-12-02) budget message, and capital program to Editor mote-Ord. No. 38-2002, § 1, adopted Dec. 12, 2002, repealed Art. N, § 7, in its entirety and enacted new the council in a form provided by ordi- provisions to read as herein set out. Prior to amendment § 7 Hance; pertained to similar subject matter and derived from Ord. No. 1-76, § 1, adopted F`eb. 19, 1976. (f) Submit to the council and make available Ord. No. 38-2002, was passed by vote in an election held to the public a complete report on the Nlarch 11, 2003. finances and administrative activities of the village as of the end of each fiscal Section S. Appointment; removal; compen- year; cation of village clerk. {g) Make such other reports as the council may require concerning the operations of (a) Appointment. The council shall appoint a village departments, offices and agencies, village clerk for an indefinite term by a majority subject to his direction and supervision; vote of all the council members. Supp. No. 25 16 i CIiARTER § 4 (b) Removal. The council may remove the clerk (e) To fiirnish the council at any time such by a majority vote of all the council members, and reports, data and information as may be naces- the clerk shall hold office at the pleasuro of the sary to fully inform the Council as to the affairs of council. the village, furnishing the Council regularly with {c) Compensation. The compensation of the such detailed reports of the village government as may be necessary clerk shall be fixed by the council. (Ord. No. 38-2002, § 4, 12-12-02) (Ord. No. 38-2002, § 2, 12-12-02} Editor's note-Qrd. No. 38-2002, was passed by vote in Editor's note-Ord. No. 38-2002, was passed by vote in an election held March 11, 2003. an election held March 11, 2003. Section 9. Vacancy in the office of clerk. ARTICLE V. QUALIFICATIONS AND ELECTIONS During any vacancy in the office of village clerk, tho doputy village clock shall assume the Section 1. Nonpartisan elections. duties of the village clerk. If there is no deputy viIlago clerk, the council may designate any com- All qualifications and elections for the office of petent person, except the mayor or any member of village councilman shaIl be conducted on a non- the council, to execute the functions of the office of partisan basis without regard fox or designation village clerk. of political party affiliation of any nominee on any (Ord. No. 38-2002, § 3, 12-12-02) nomination petition or ballot. Editor's note-Ord. No. 38-2002, was passed by vote in (Ord. No. 1-76, § 1, 2-19-76) an election held March 11, 2003. Section 2. Qualifications. Section 10. Powers and duties of the village clerk. Candidates for the office of village councilman shall qualify for such office by the filing of a The powers and duties of the village clerk axo written notice of candidacy with the designated and shall be: official at such time and in such manner as may be prescribed by ordinance. (a) To attend all official meetings of the council (Ord. No. 1-76, § 1, 2-19-76) in person or by deputy and keep minutes of its proceedings, which, after being approved, shall Sae Section 3. Form of ballots. engrossed in a well-bound book, or other perma- nent record, and signed by the village clerk. The council by ordinance shall prescribe the method for listing candidates for village council (b) To be the custodian of the Village Seal and elections and any other village election. A charter of all records and papers of a general or perma- amendment to be voted on by the village shall be nent character pertaining to the affairs of tho presented for voting by ballot title. The ballot title municipality. of a measure may differ from its legal title and shall be a clear, concise statement describing the (c} To attest all executory contracts made in substance of the measure without argument or behalf of the viIlage as evidence of the authoriza- prejudice. tion of such contracts by the council; and no executory contracts made in behalf of the village (Ord. No. 1-'76, § 1, 2-19-76; Ord. Na. 39-2002, § 1, 12-12-02) or to which the village is a party shall be valid Editor's note-Ord. No. 39-2002, was passed by vote in unless attested by the village clerk. an election held March 11, 2003. (d) To preserve, file and index all contracts to Section 4. General and runoff election. which the village is a party, which file and record shall be open to the inspection of all interested Whenever a general or special election is held persons at all reasonable times, in the clerk's to fill any elective office in the Village of North office. Palm Beach, the candidate receiving a majority of Supp. No. 25 17 § 4 NORTH PALM BEACH CODE the votes cast at such election to fill such office ter) as amended by special law or otherwise which shall be declared to be duly elected; provided that are not embraced herein and which are not incon- in the event no candidate for a particular elective sistent with this charter shall become ordinances office shall receive a majority of the votes cast at of the village subject to modification or repeal in such eiectian to fill such office, then a runoff the same manner as other ordinances of the election shall be held two weeks aftex the original village. election tv elect a candidate to fill such office; {Ord. No. 1-76, § 1, 2-19-76) provided further that in such event only the names of the two candidates having received the Section 2. Ordinances preserved. greatest number of votes in the election for such office shall be submitted to the voters and the qne All ordinances in effect upon the adoption of receiving the majority number of votes in such this charter, to the extent not inconsistent with it, xunoff election shall be declared to be duly elected shall remain in force until repealed or changed as to such office; provided further that should two or provided herein. more candidates receive an equal number of votes (Ord. No. 1-76, § I, 2-19-76) to any such office, so that it cannot be determined which two had received the greatest and the next greatest number of votes, then the names of alI Section 3. Rights of officers and employees. such candidates shall be submitted at the runoff election and the candidate receiving the greatest Nothing in this charter except as otherwise number of votes at such election shall be declared specifically provided shall affect ar impair the elected to such office, regardless of whether such rights or privileges of persons who are village candidate received a majority of the votes cast to officers ar employees at the time of adoption. fill such office at such runoff election. Elected officers shall continue to hold their offices {Ord. No. 1-76, § 1, 2-19-76) and discharge the duties thereof until their suc- cessors are elected. Section 5. Unopposed candidates. {Ord. No. 1-76, § 1, 2-19-76) In the event net more than one {1} person Section 4. Pending matters. qualified as a candidate for a designated seat on the village council to be filled at an election, that All rights, claims, actions, orders, contracts seat shall not be listed on the regular village and legal or adrv.inistrative proceedings involving election ballot. Each unopposed candidate shall the village shall continue except as modified pur- be deemed to have voted for himself. (Ord. No. 1-76, § 1, 2-19-76) suant to the provisions of this charter. (Ord. No. 1-76, § 1, 2-19-76) Section 6. Recall. Section 5. Miscellsneaus provisions. The qualified voters of the village shall have the power to recall and to remove from office any In case any one or mare of the sections or elected official of the village as provided by gen- provisions of this Cha~.~ter or the application of eral Iaw, such sections or provisions to any situation shall {Qrd. No. 1-76, § 1, 2-19-76} for any reason bo held to be unconstitutional, such unconstitutionality shall not affect any other ARTICLE VI. TRANSITION SCHEDULE sections or provisions of this Charter or the ap- plication of such sections or provisions as to any Section 1. Continuation of former charter other situation and it is intended that this Char- provisions. ter shall be construed and applied as if such unconstitutianalscction or provision had not been All provisions of Chapter 31481, Laws of Flor- included herein. ida, Extraordinary Session 1956, (the former char- (Ord. No. 1-76, § 1, 2-19-76} Supp. No. 25 1$ CHARTER § 7 Section 6. Deletion of obsolete schedule items. The council shall have power, by resolution, to delete from this article VI any section, including this one, when all events to which the section to be deleted is or could become applicable have occurred. (Ord. No. 1-76, § 1, 2-19-7$} Section '7. Gender Any word importing the masculine gender shall extend and be applied to females as well as to males. (Ord. No. 40-2002, § 1, I2-12-02} Editor's ngte-Qrd. No. 40-2002, was passed toy vote in an election held March 11, 2003. [The next page is 65] 5upp. Na. 25 19 CIIARTER CHARTER COMPARATNE TABLE Ckapter Disposition Number Section ArticlelSection 31481 (1956) Art. I I 73-564 1 II 1 Ordinance Dis osition Number Dste Section Article/Section 29-80 10- 9-80 1 III 2 i1-86 9-11-86 1 III 11 43-95 2- 9-95 II 1 24-96 7-11-96 iI 1 33-96 $-22-96 II 1 20-99 5-27-99 1 II 1 16-2D02 5-23-02 1 II 1 27-2002 9-26-02 1 II 1 31-2002 12-12-D2 I Added LA. 33-2002 12-12-02 1 Added IIL 5{e) 34-2002 12-12-02 1 III 9(a) 35-2002 12-12-02 1 1D 36-2002 12-12-02 1 III 11(a)--(c) 37-2062 12-12-02 1 Added III 12 38-2062 12-12-02 1 Rpld IV 7 Added N 7 2 Added 1V 8 3 Added IV 9 4 Added IV 10 39-2002 12-12-02 1 V 3 40-2002 12-12-02 1 Added 1V 7 03-2003 2-13-03 1 II 1 Supp. No. 25 65 LThe neat page is 77J GENERAL PROVISIONS § 1-S to revive such former ordinance, clause or provi- {c) In the event a new section not heretofore lion of this Code, unless it shall be expressly so existing in the Code is to be added, the following provided. language shall be used: "That the Village of North Palm Beach Code is hereby amended by adding a The repeal of an ordinance, clause or section of new section to be numbered Section this Code shall not affect any punishment or which said Section shall read as follows: penalty incurred before the repeal took effect, nor The new section shall thou be set out in full. any suit, prosecution ar proceeding pending at the time of the repeal, for an offense committed under (d) All sections, articles, chapters or provisions the ordinance, clause ar section of this Code desired to be repealed shall be specifically re- repealed. pealed by section, article or chapter number in (Code 1970, § 1-~) the following language: "That Section (Chapter or Article) of the Villago of Sec. 1.-5. Severability of parts. North Palm Beach Code is hereby repealed." If any phrase, clause, sentence, paragraph, (Code 1970, § 1-7) section or subsection of this Code shall be de- dared unconstitutional or invalid by a court of Sec. 1-7. Altering Code. competent jurisdiction, such unconstitutionality No person in the village shall change or amend, or invalidity shall not affect any of the remaining by additions or deletions, any part or portion of phrases, clauses, sentences, paragraphs, sections or subsections of this Cade. this Code, ar insert or delete pages, or portions {Code 1970, § 1-6) thereof, or alter ar tamper with such Code in any manner whatsoever which will cause the law of Sec. 1-6. Amendments to Code. the village to be misrepresented thereby. (Code 1970, § 1-8) (a) AlI ordinances passed subsequent to this Code which amend, repeal or in any way affect Sec. 1-8. General penalty; continuing viola- any section or subsection of this Code, shall be tions. numbered consecutively, but shall refer specifi- cally to the section or subsection affected, and (a) Whenever in this Code any act is prohib- printed for inclusion therein. When subsequent ited or is made or declared to be unlawful or an ordinances repeal any chapter, section or subset- offense, or whenever the doing of any act is Lion or any portion thereof, such repealed portions required ar the failure to do any act is declared to shall be excluded from said Cade by omission be unlawful, where no specific penalty is provided from reprinted pages. The subsequent ordinances, therefore, the violation of any such provision of as numbered and printed, or omitted in the case this Code shall be punished by a fine not exceed- of repeal, shall be prima facie evidence of such ing five hundred dollars {$500A0) or imprison- subsequent ordinances until such time as this ment for a term not exceeding sixty (60) days, or Code and subsoquent ordinances numbered or by both such fine and imprisonment. omitted are readopted as a new code by the village council. (b) Each day a violation of any provision of this Code shall continue shall constitute a separate (b) Amendments to any of the provisions of offense, and each act in violation of the provisions this Code shall be made by amending such provi- of this Code shall be considered a separate and sions by specific reference to the section number distinct offense. of this Code in the fallowing language: "That Section of the Village of North Palm (c) In addition to the penalties herein pro- Beach Code is hereby amended to read as follows: vided, any condition caused or permitted to exist The new provisions shall then be set out in in violation of any of the provisions of this Code full. shall be deemed a public nuisance and may be Supp. Nn. 25 g1 § 1-S NORTH PALM BEACH CORE t abated by the village, as provided by law, and enforcement officers and support personnel, pro- each day that such cpndition continues shall be vided such education degree programs and train- regarded as a new and separate offense. ing courses are approved by the public safety director of the village. Workshops, meetings, con- {d) Zoning, buildings, etc.: ferences, and conventions shall be individually (1) The village council shall provide for the approved by the public safety director of the enforcement of a zoning ordinance en- village prior to attendance. acted pursuant to this part. Each day (Ord. No. 8-81, § 1, 5-27-81; Ord. No. 21-94, § 1, such offense continues after written no- 10-27-94) tics shall be deemed a separate offense. Cross references-o~'enses, Ch. 19; police, Ch. 23. {2) Incase any building or structure is erected, constructed, reconstructed, altered, re- Sec. 1-10. Village logo. paired or maintained or any building, structure, land or water is used in viola- (a) Description of logo. The official logo of the Lion of this Code or any ordinance or other Village of North Palm Beach, consists of a ship's regulation made under authority con- wheel showing eight handles, equally spaced ferred hereby, the proper local authori- around the outside; the uppermost handle poli- ties in addition to other remedies ma tinned at twelve o'clock. The words "The Village of institute an a ro riots action or ro- North Palm Beach" are emblazoned on the side of ceedings in a evil action in the circuit the wheel and the date "1956" is emblazoned on court to prevent such unlawful erection, the hub. When depicted in two-dimensional me- construction, reconstruction, alteration, re- die, a rope encircles the ship swheel. Areason- air conversion maintenance or use and able facsimile of the logo is attached as Exhibit p ~ ~~A~~ to restrain, correct or abate such viola- tion, to prevent the occupancy of such building, structure, land or water, and to (b) Adoption of logo. The logo described and prevent any illegal act, conduct of busi- depicted in paragraph (a} is hereby adopted as the official logo of the Village of North Palm Beach, Hess, or use in or about such promises. Florida, a municipal corporation organized and {Code 1970, § 1-9; Ord. No. 1-77, § 1, 1-13-77; Ord. existing in accordance with the laws of the State No. 4-86, § 5, 4-24-86; Ord. No. 35-2000, § 1, of Florida. 11-9-00) (c} Unlawful practices and penalties. Any fac- Sec. 1-9. Assessment of additional court costs simile or reproduction of this logo shall only be for criminal justice education ex- manufactured, used, displayed, or otherwise em- penditures. ployed far official Village of North Palm Beach {a) The county court shall assess the addi- business or upon the written approval of the tional sum of two dollars {$2.00) pursuant to Village Council of the Village of North Palm Florida Statute section 943.25 {13) as a court cast Beach, Florida. The village council may grant against every person convicted for violation of an approval for the use of the logo upon application ordinance of the village and violation of a state by any person showing good cause for proper civic penal or criminal statute within the incorporated purpose. The village council may adopt reason- limits of the Village of North Palm Beach and able rules for the manufacture or use of this logo bond estreature and forfeited bail bond related or any facsimile or reproduction thereof. Any thereto. There shall not be an assessment as to an person violating the provision of this ordinance ordinance relating to the parking of vehicles. shall be guilty of a misdemeanor and punished as provided by law. (b} All court costs assessed and collected pur- suant to this section shall be utilized for criminal (d) Registration with Secretary of Ethel State of justice education degree programs and training Florida. The village logo shall be registered with courses, including basic recruit training, for law the Secretary of Ethe] State of Florida as a "service Supp. No, 26 $2 i GENERAL PROVISIONS § 1-10 mark" in accordance with F.S. ch. 495 and shall he the sole property of the Village of North Palm Beach. (Ord. No. 30-2002, § 1, 12-12-02) E%~HEB1T ~ [The next page is 133] Supp. No. 25 g3 ------- C ~I Chapter 2 ADMINISTRATIQN* Art. i. In General, 2-1-2-15 Art. II. Council, 2-16-2-36 Div 1. Generally, 2-16-2-25 Div 2. Rules of Procedure, 2-26-2-38 Art. III. Administrative Code, 2-39---2-114 Div 1. Generally, 2-39-2-50 Div 2. Reserved, 2-51-2-58 Div. 3, Department of Finance, 2-59-2-66 Div. 4. Department of Records, 2-67--2-74 Div. 5. Department of Public Safety, 2-75 2-83 Div. 6. Department of Public Seivicea, 2-84-2-92 Div. 7. Department of Library, 2-93-2-101 Div. 8. Department of Country Club, 2-102-2-109 Div. 9. Department of Recreation, 2-110 2-114 Art. I'V Manager, 2-115 2-125 Art. V. Pensions and Retirement Systems, 2-129-2-170.11 Dsv. 1. Generally, 2-129 2-135 Ds~ 2. Social Security, 2-136-2-145 Div, 3. Pension and Certain Other Benefits for General Employ- ees, 2-146-2-158 Div 4. Pension and Certain Other l3euefits for Fire and Police Employees, 2-159-2-170 Div 5. Length of Service Awa~•d Plan for Volunteer Firefighters, 2-170.41-2-17011 Art. VI. Code Enforcement Board, 2-171-2-162 Charter reference Administrative provisions generally, Art. IV. Cross references-Rabies control, § 4-42 et seq.; elections, Ch. 10; fire division, § 12-29 et seq.; library board, § 16-16 et seq.; impersonation of village officers, § 19-14; enforcement procedures for noise regulations, § 19-117; local planning agency designated, § 2I-12; taxation, Ch. 26; appearance plan, App. A; subdivision regulations, App. 13; zoning regulations, App. C. SuPP- lVo. 25 133 l ADMINISTRATION § 2-] 65 shall have the same rights as each of the other Sec. 2-16b. Prior service. four (4) members appointed or elected as herein provided. The trustees shall by majority vote elect Unless otherwise prohibited by law, the years from its members a chairman and a secretazy. or fractional parts of years that a member previ- The secretary of the board shall keep a complete ously served as a firefighter, police officer or minute book of the actions, proceedings, or hear- public safety officer with the village during a lugs of the board. The trustees shall not receive Period of employment and for which accumulated any compensation as such, but may receive ex- contributions were withdrawn from the fund, or penses and per diem as provided by law. the years and fractional parts of years that a {b} Forfeiture of membership on board for ab- member served as a firefighter, police officer or senteeism. In the event a member of the board public safety officer for this or any other munici- shall fail to attend three (3) consecutive regular pal, county or state fire, police or public safety meetings of the board, such member shall be department, or any time served in the military deemed to forfeit membership on the board and service of the armed forces of the United States, shall, at the conclusion of the third such meeting, shall be added to the years of credited service no longer be a member of the board. Such indi- Provided that: vidual shall not thereafter be eligible for reap- (1) The member contributes to the fund the pointment or election to the board for a period of sum that would have been contributed, two (2) years. Any absence maybe excused by the based on the member's salary and the board upon a showing that there existod justifi- exn.ployee contribution rate in effoct at the able reasons for the absence. time that the credited service is re- (c) Report and records. The secretary of the quested, had the member been a member hoard shall keep, or cause to be kept in convenient of this system for the years or fractional form, such data as shall be necessary for an parts of years for which the credit is actuarial valuation of the assets and liabilities of requested plus amount actuarially deter- the systexr~. The fiscal year for the keeping of mined such that the crediting of service records and rendering reports shall be from Octo- does not result in any cost to the fiend plus ber 1 through September 30. payment of casts far all professional ser- (d) Board meetings. The board shall meet at vices rendered to the board in connection least quarterly each year. All board meetings with the purchase of years of credited shall be held at village hall. At any meeting of the service. board, three (3) trustees shall constitute aquo- (2) Payment by the member of the required rum. Any and all acts and decisions shall be by at amount may be made within six (fi) months least three (3) members of the board; however, no of the request for credit and in one lump trustee shall take part in any action in connection sum payment, or the member can buy with his or her own participation in the plan, and back this time over a period equal to the no unfair discrimination shall be shown to any longth of time being purchased or five individual participating in the plan. years, whichever is greater, at an interest (e) Power to bring and defend lawsuits. The rate which is equal to the fund's actuarial board shall be a legal entity with, in addition to assumption. A member may request to other powers and responsibilities contained herein, purchase some or all years of service. No the power to bring and defend lawsuits of every credit shaIl be given for any service until kind, nature and description. The board shall be all years of service which are to be repur- zndependent of the village to the extent required chased, have been repurchased. to accomplish the intent, requirements, and re- {3) The credit purchased under this section sponsibilities provided for in this article and ap- shall count for all purposes, except vest- plicable law. (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1, ing. 9-10-87; Ord. No. 1-92, § f, 2-13-92; Ord. No. (4) In no event, however, may credited ser- 22-98, § 1, 9-24-95; Ord. No. 06-2002, § 3, 2-28-02) vice be purchased pursuant to this section Supp. No. 25 157 I § 2-Ifi5 NORTfi PALM BEACH CODE for prior service with any other munici- any state or organized territory of pal, county or state fixo, police or public the United States, or the District of safety department, if such prior service Columbia, provided: forms or will form the basis of a retire- 1, The corporation is listed on any went benefit or pension from another one (1) or more of the recog- retirement system or plan. nized national stock exchanges and holds a rating in one of the (5) If a membor who has either completed the three (3) highest classifications purchase of service or is in the process of by a major rating service; and purchasing service terminates service for any reason, including death or disability, ~ • The board shall not invest more before vesting, the member's cantribu- than five (5) percent of its as- sets in the common stock, cap- tions will be refunded, including the ital stock, bonds or indebted- buyback contributions, ness of any one {1} issuing company, nor shall the aggre- (6) A request to purchase service may be gate investment in any one (1) made at any time during the course of issuing company exceed five (5) employment. However, the buyback is a one time opportunity. percent of the outstanding cap- ital stock of that company, nor (Ord. No. 2-2003, § 1, 1-23-03} shall the aggregate ofitsinvest- Editor's cote-Prior to amendment section 7 of Ord. No. 1-92, adapted F`e6. 13, 1992, repealed former § 2-165, relative rnents in equities at cost exceed to additional ivies and regulations, which derived from Ord. sixty (60} percent of the pen- No. 9-82, § 7, adopted June 10, 1982. sion fund's assets. (2) To issue drafts upon the pension fiend Sec. 2-1G6. Same-Power and authority. pursuant to this article and rules and regulations prescribed by the board. All The board shall be the administrator of the such drafts shall be consecutively num- system and, as such, it shall be solely responsible tiered, be signed by the chairman and for administering the pension fund. The board secretary or their designee, and state upon shall have the power and authority: their faces the purpose for which the drafts are drawn. The village finance di- (1) To invest and reinvest the assets of the rector or other depository of the village pension fund in: shall retain such drafts when paid, as permanent vouchers for disbursements a. Time or savings accounts of a na- made, and no money shall be otherwise tional bank, a state bank insured by drawn from the pension fund. the Federal Deposit Insurance Cor- poration, or a savings, building and (3) To finally decide all claims to relief under loan association insured by the Fed- this article and under the board's rules eral Deposit Insurance Corporation. and regulations. b. Obligations of the United States or (`I) ~ convert into cash any securities of the obligations guaranteed as to prince- pension fund. pal and interest by the Government (5) To keep a complete record of all receipts of the United States. and disbursements and of the board`s acts c. Bonds, stocks, or any other eve- and proceedings. dences of indebtedness issued or guar- (6} To recommend an increase or decrease in anteed by a corporation organized the benefits payable hereunder, through under the laws of the United States, the adoption of an amendment to this $upp. Na. 25 158 ADMINISTRATION § 2-168 artlCle, but provided such action is based enacted a new § 2-167 in Iieu thereof. The repealed provisions on an actuarial review by an enrolled Pertained to oaths of office, meetings and quorums of the actuary who is a member of the Society of board, and derived firom Ord. No. 9-82, § 9, adopted June 10, 1882. Actuaries. (7} 7.b retain, at least once every three (3) Sec. 2-168. Repeal or termination of plan. years, an independent consultant profes- sionally qualified to evaluate the perfor- (a) This plan and subsequent amendments pex- mance of professional money managers. twining to said plan, may be modified, terminated, The independent consultant shall make or amended, in whole ar in part by the employer; recommendations to the board regarding Provided that if this plan shall be amended or the selection of money managers for the repealed in its application to any person benefit- next investment term. These recornmen- ing hereunder, the amount of benefits which at dations shall be considered by the board the time of any such alteration, amendment, or at its next regularly scheduled meeting. repeal shall have accrued to the member or ben- The date, time, place and subject of this eficiary shall not be affected thereby, except to the meeting shall ba advertised in a newspa- extent that the assets of the fund may be deter- per of general circulation in the munici- mined to be inadequate. polity at least ten (10} days prior to the (b) Tf this plan shall be repealed, or if contri- date of the hearing. butions to the plan are discontinued, the board (Ord. No. 9-82, § 8, 6-10-82; Ord. Na. 12-85, 1, shall continue to administer the plan in aacor- 2, 7-11-85; Ord. Na. 1-92, § 8, 2-13-92; Ord. Na. dance with the provisions of this plan, for the sole 08-2001, § 2, 4-12-01) benefit of the then members, beneficiaries then receiving retirement allowances, and any persons Sec. 2-1G7. Tax on insurers. who would in the future be enntitled to receive (a) There is hereby levied and imposed an benefits candor one (1) of the options provided for excise tax upon every insurance company, corpo- in this plan who are designated by any of said ration or other insurer insuring loss against fire, members. In the event of repeal, or if cantribu- tornado or windstorm or engaged in the business tions to the plan aro discontinued, there shall be of casualty insurance. Such excise tax shall be in full vesting one hundred (lflfl) percent of benefits an amount equal to the rate specified in Chapter accrued to date of repeal and the assets of the 175, Florida Statutes, multiplied by the gross Plan shall be allocated in an equitable manner to receipts of premiums from holders of insurance Provide benefits on a proportionate basis to the policies of fire and windstorm insurance, and the persons so entitled to benefits in accordance with xate specified in Chapter 185, Florida Statutes, the provisions hereof. multiplied by the gross receipts of premiums from (c} The following shall be the order of priority holders of insurance policies of casualty insux- for purposes of allocating the assets of the plan once. All such policies shall be upon property upon repeal of this plan or if contributions to the within the corporate limits of the village. Such plan are discontinued: excise tax shall be in addition to any and all excise taxes or license now levied or required by the (1) Members already retired under the retire- village. ment provisions of the plan and those eligible for normal or early retirement but (b) The proceeds of monies received under this not actually retired, and their beneficia- excise tax shall be received annually from the Ties, in proportion to and to the extent of State of Florida by the village and shall be depos- the then actuarially determined present ited to the pension fund no more than five (5) days value of the benefits payable. If any funds after receipt. xena.ain, then (Ord. Na. 1-92, 9, 10, 2-13-92) Editor's note-Section 8 of Ord. No. 1-92, adapted Feh. (2) Members who have at least ten (10} years 13, 1992, repealed former § 2-167, and § 1p of the ordinance of credited service, in proportion to and to Supp. No. 25 159 § 2-16& NORTH PALM BRACH CbDE 1J the extent of the then actuarially deter- (c) Pension ualidity. The board of trustees shall mined present value of their accrued ben- have the power to examine into the facts upon efits. If any funds remain, then which any pension shall heretofore have been (3) The accumulated contributions of the ac- granted under any prior or existing law, or shall tive members less any benefits xeceived, hereafter be granted or obtained erroneously, and less amounts apportioned in (2) and fraudulently, or illegally for any reason. The board (3) above, in proportion to and to the is empowered to purge the pension roll of any extent of the then amount of such accu- person theretofore granted a pension under prior mulated contributions. If any funds re- or existing law ox hoxoafter granted under this main, then plan if the same is found to be erroneous, fraud- (4) All other members whose present value of ulent or illegal for any reason; and to reclassify accrued benefits have not been covered in any pensioner who has heretofore under any prior a previous category in the same manner or existing law or who shall hereafter under this as in {2). plan be erroneously, improperly or illegally clas- sified. (d) After all the vested and accrued benefits provided hereunder have been paid and after aIl {d) Incompetents. If any member or beneficiary other liabilities have been satisfied, then and only is a minor or is, in the judgment of the board, then shall any remaining funds revert to the otherwise incapable of personally receiving and general fund of the village, less return of state's giving a valid receipt for any payment due him cont~zbutions to the state, provided that, if' the under the plan, the board may, unless and until excess is less than the total contributions made by claims shall have been made by a duly appointed the village and the state to date of termination of guardian or committee of such person, make such the plan, such excess shall be divided proportion- payment or any part thereof to such person's ately to the total contributions made by the vil- spouse, children, trust ar other person deemed by loge and the state, the board to have incurred expenses or assumed (e) The allocation of the fund provided for in responsibility for the expenses of such person. this subsection may, as decided by the board, be ~Y payment so made shall be a complete dis- carried out through the purchase of insurance charge of any liability under the plan for such company contracts to provide the benefits deter- payment. mined in accordance with this subsection. The fund may be distributed in one (1} sum to the {e) Number and gender. When appropriate the persons entitled to such benefits or the distribu- singular in this plan shall include the plural and tion may be carried out in such other equitable vice versa, and the masculine shall include the manner as the board may direct, The trust maybe feminine and vice versa. continued in existence for purposes of subsequent distributions. (f) False or misleading statements made to {Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-82, § 2, obtain retirement benefits prohibited. 11-18-82; Ord. No. 1-92, § 11, 2-13-92) {1) It is unlawful for a person to willfully and Sec. 2-169. Miscellaneous. knowingly make, or cause to bo made, or to assist, conspire with, or urge another to (a) Discharged members. Members entitled to make, or cause to be made, any false, a pension shall not forfeit the same upon dis- fraudulent, or misleading oral or written missal from the employer, but shall be retired as statement or withhold or conceal material herein described. information to obtain any benefit under (b) Non-assignability. No benefit provided for this plan. herein shall be pledgable, assignable or subject to (2) a. Apersonwhoviolatessubsection (f}(1} garnishment for debt or for other legal process. of this section commits a misde- Supp. No. 25 160 ADMINISTRATION § 2-170.01 meanor of the first degree, punish- more; any distribution to the extent such able as provided in F.S. section distribution is required under Section fi75.082 or 775.083. 401(a)(9) of the Code; and the portion of b. In addition to any applicable crimi- any distribution that is not includable in nal penalty, upon conviction far a Foss income. violation described in subsection {~(2)a, of this section participant or {C) Eligible retirement plan: An eligible retire- beneficiary of this plan may, in the went plan is an individual retirement discretion of the board of trustees, be account described in Section 408(x) of the required to forfeit the right to re- Code, an individual retirement annuity ceive any or all benefits to which the described in Section 408(b) of the Code, an person would otherwise be entitled annuity plan described in Section 443(a) under this plan. For purposes of this of the Code, or a qualified trust described subsection (fj(2)b., "conviction" means in Section 401(a) of the Code, tb at accepts a determination of guilt that is the the distributee's eligible rollover distribu- result of a plea or trial, regardless of tion. However, in the case of an eligible whether adjudication is withheld. rollover distribution to the surviving (Ord. No. 9-82, § U, 6-14-82; Ord. No. 1-92, § 12, spouse, an eligible rotirement plan is an 2-13-92; Ord. No. 20-2000, § 4, 8-10-flfl) individual retirement account or individ- ual retirement annuity. Sec. 2-170. Direct transfers of eligible rollover distribution. {D} Distributee: A distributee includes an em- ployee or farmer employee. In addition, {1) General. This section applies to distribu- the employee's or former employee's sur- tions made on or after January 1, 1993. Notwith- viving spouse is a distributee with regard standing any provision of the system to the con- to the interest of the spouse. trary that would otherwise limit a distributee's election undor this section, a distributee may elect, at the time and in the manner prescribed by {E) Direct rollaaer: A direct rollover is a pay- the board, to have any portion of an eligible ment toy the plan to the eligible retire- retirement plan specified by the distributee in a ment plan specified by the distributee. direct rollover. {Ord. No. 15-95, § 1, 5-11-95} {2) Definitions. DIVISION 5. LENGTH OF SERVICE AWARD (A) The term "Code" used herein refers to the PLAN FOR VOLUNTEER FIREFIGHTERS Internal Revenue Code of the United States. (B) Eligible rollover distribution: An eligible Sec. 2-170.01. Purpose. rollover distribution is any distribution of all or any portion of the balance to the The purpose of this plan is to award and credit of the distributee, except that an provide retirement income for active members of eligible rollover distribution does not in- tho volunteer firefighters of the village in recog- clude: any distribution that is one of a nition of their years of dedicated community ser- series of substantially equal periodic pay- vice. menu (not loss frequently than annually} (Ord. No. 16-91, § 1, 4-ll-91) made for the life (or life expectancy) of the distributee or the joint lives {or joint life Editor's note-Ordinance No. 16-91, adopted April 11, expectancies of the distributee and the 1-991, did not specifically amend this Code; hence, inclusion of I-12 as Art. V, Div. 5, 2-170.01-2-170.11, was at the distributee's designated beneficiary, or for discretion of the editor. a specified period of ten (10) years or Cross reference-Fire division, § 12-29 et seq. Supp. No. 25 ] 61 § 2-170.1 NORTH PALM BEACH CODE Sec. 2-170.1. Name of sponsor. the volunteex firefighters. Eight (8) is the maximum years of past service for which The name of the sponsor shall be the Village of North Palm Beach. a member may receive credit. (Ord. No. 16-91, § 2, 4-11-91) {2) If"uture service (rafter plan begins). Ten dollars ($10.00) per month far each year of Sec. 2-170.2. Name of plan. future service. The name of the plan shall be "length of service (3) Maximum monthly benefit. The maxi- award plan for volunteer firefighters." mum monthly benefit a member can re- {Ord. No. 16-91, § 3, 4-11-91) ceive at the entitlement age is three hon- dred dollars ($300.00). Sec. 2-170.3. Effective date of plan. The effective date of the plan shall be May 1, (4) Minimum monthly benefit. The minimum 1990. monthly benefit a member can receive if (Ord. No. 16-91, § 4, 4-1I-9I) the member remains active in the plan until the designated entitlement age is Sec. 2-170.4. Eligibility to enter plan. fifty dollars {$50.00). (Ord. No. 16-91, § 7, 4-11-91) Membexs, as defined herein, means volunteer frefighters duly recognized and enrolled as vol- Sec. 2-170.7. Preretirement death benefit. onteer firefighters with the village. All members must meet each of the following requirements The preretirement death benefit is the death before participating in the plan: benefit payable if a member dies before entitle- (1) Minimum age, eighteen (18). ment age while still active in the plan. The amount payable is the greater of the face amount (2) Maximum age, sixty (60). of the life insurance or the member's accrued {3) Completed one (1} year of active service benefit: with the sponsor. (4) Com Ieted the s onsor's re uired robs- (I) Face amount of the life insurance, thirty P P q P thousand dollars ($30,000.00). tionary period. {prd. No. 16-91, § 5, 4-11-91) (2) Payment mode, annual. (Ord. No. 16-91, § 8, 4-11-91) Sec. 2-170.5. Entitlement age. The entitlement age is the age that members Sec. 2-170.8. Vesting provisions. will begin receiving their monthly retirement benefit. Age sixty-five (65) with one (1) year of The vesting is based on years of credited ser- plan participation is generally utilized; however, vice and the following schedule: service and participation requirements may be included. Entitlement age is sixty (60) with one fears of Service Vested Percentage (1) year of plan participation. Less than 4 0 (Ord. No. 16-91, § 6, 4-11-91) 4 40 5 50 Sec. 2-3.70.6. Benefit formula. 6 60 [The benefit formula shall be as follows:] 7 70 S 80 {1) Past service (before the plan began). Ten 9 90 dollars ($10.00) per month fpr year of past Ten (10) or more 100 service for currently enrolled members of (Ord. No. 16-91, § 9, 4-I1-91} Supp, No, 25 162 ADMINISTRATION § 2-1.73 Sec. 2.170.9. Village contributions. Code inspector. Those authorized agents or So long as this system is in effect, the village employees of the village whose duty it is to insure shall make a yearly contribution to the plan equal code compliance with the codes referred to above, to the cost for the year by the most recent actu- including, but not limited to, the village manager, arial valuation, building official, director of public safety, and {Ord. No. 16-91, § 10, 4-11-91) finance director. Enforcement board. The Village of North Palm Sec. 2.170.10. Trustee and contact person. Beach Code Enforcement Board. The village finance director will act as trustee Repeat violation means a violation of a provi- and contact person and will be responsible for sion of a code or ordinance by a person who has contacting the agent or agency administrating the beon previously found through a code enforce- plan regarding changes and zn.odifications to the plan. meat board or any other quasi judicial or judicial (Ord. No. 16-91, § II, ~-11-91) process, to have violated or who has admitted violating the same provision within five {5) years Sea 2-170.11. Point system. prior to the violation, notwithstanding the viola- tions occur at different locations. A minimum of fifty (50) points is needed to earn (Ord. No. 19-79, § 3, 9-27-79; Ord. No. 9-80, § 4, a year of credited service. The point system that 4.24..80; Ord. No. 16-82, Art. II, 9-9-82; Ord. No. can be earned by volunteer firefighters is set forth g_g0, § 1, 4-12-90; Ord. No. 04-2000, § 1, 2-10-00) in Exhibit A attached to Ordinance No. 16-91 and made a part of this division. Sec. 2-173. Applicability. (Ord. No. 16-91, § I2, 4-11-91) Editor's note-lixhihitA, attached to Ord.. No. 1G-91 from The code enforcoment boaxd shall onforce and which this division derives, is not printed herein, bvt is on file have jurisdiction of the following codes: and available for reference in the offices of the village. Chapter 4, Village of North Palm Beach Code, containing the animals and fowl code. ART)(CLE VI. CODE ENFORCEMENT Chapter 5, Village of North Palm Beach BOARD Code, containing the docks and waterways Sec. 2-171. Declaration of legislative intent, code. It is tho intent of this article to promote, Chapter 6, Village of North Palm Beach pxotect and improve the health, safety and wel- Code, including the building code, the gas code, fare of the citizens of the village and to provide an the mechanical code, the plumbing code, the equitable, expeditious, effective and inexpensive appearance code and Appendix A, appearance method of enforcing the hereinafter described plan, and the sign code. codes and ordinances of the village where a peed- Chapter 7, Village of North Palm Beach ing or repeated violation continues to exist. Code, containing the bulkhead lines code. (Ord. No. 19-79, § 1, 9-17-79; Ord, No. 9-80, § 2, Cha ter I2 Villa o of North Palm Beach 4-24-80; Ord. No. 16-82, Art. 1, 9-9-82; Ord. No. p ~ g 2-86, § 1, 3-27-86) Code, including the fire prevention code. Chapter 14, Village of North Palm Beach Sec. 2-172. Definitions. Code, containing the health and sanitation The following words, terms and phrases, when code. used in this article, shall have the meanings Chapter 15, Village of North Palm Beach ascribed to them in this section, except where the Cade, containing the housing code. context clearly indicates a different meaning: Atto~•ney. Attorney for the village who will Chapter 17, Village of North Palm Beach advise the code enforcement board of legal rules Code, containing the occupational license code. or give athex legal assistance as required. Section 18-35 only of Chapter 18 Sapp. No. 25 163 § 2-173 N017,TH PALM BEACH CpDE Chapter 19, Village of North Palm Beach (2) In order that the terms of office of all Code, containing the noise control code. members wiIl not expire at the same time, the initial appointments to the enforce- Chapter 24, Village of North Palm Beach went board shall be as follows: Code, containing the streets, sidewalks and driveways code. a. Two (2) members shall be appointed for a term of one (1) year; Chapter 25, Village of North Palm Beach b. Three (3} members shall be ap- Code containin the swimmin 1 g g poo code. pointed for a term of two {2) years; Chapter 27, Village of North Palm Beach c. Two (2) members shall be appointed Code, containing the trees and shrubbery code, including landscaping of yards and parking for a term of three (3} years. lots. Thereafter, all appointments shall be made for a Chapter 28, Village of North Palm Beach term of three (3) years. Appointments to fill any Code, containing the franchise ordinance for vacancy on the enforcement board shall be for the the use of the village rights-of--way for utilities, remainder of the unexpired term of office. If any member fails to attend two (2} of three {3) succes- Chapter 36, Village of North Palm Beach slue meetings without cause and without prior Code, containing the subdivision code. approval of the chairman, the board shall declare Chapter 45, Village of North Palm Beach the member's office vacant and the village council shall promptly fill such vacancy. The members Code, containing the zoning code. shall serve at the pleasure of the village council. (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. (b) Officers; quorum; compensrxtion. The mem- 15-86, § 2, 10-9-86; Ord. Na. 23-2002, § 1, 7-11-02) tiers of the enforcement board shall elect achair- man from among its members who shall be a Sea 2-174. Organization of board, voting member. The presence of four (4) or more members, shall constitute a quorum of the enforce- (a} Qualifications and terms. The village coon- ment board. Members shall serve without com- cil shall appoint aseven-member code enforce- pensation, but may be reimbursed for such travel ment board and legal counsel for the board. The expenses, mileage expenses, and per diem ex- rnembers shall have the following qualifications penses as may be authorized by the village coun- and terms of office: cii. (1) Members of the enforcement board shall {c) Attorney. The village attorney shall be coun- be residents of the village. Appointments sel to the code enforcement board. shall be made by the village council on the (Ord. No. 19-79, § 4, 9-2'1-79; Ord. No. 9-80, § 5, basis of experience of interest in the fields 4-24-80; Ord. No. 16-82, Art. III, 9-9-82; Ord. No. of zoning and building control. The mem- 8-90, § 3, 4-12-90; Ord. No. 17-91, § 1, 4-25-91) bership of the enforcement board shall, whenever possible, include: Sec. 2-175. Enforcement procedure. a. An architect; {a) It shall be the duty of the code inspector to b. A businessman; initiate enforcement proceedings of the various codes. No member of a board shall have the power c. An engineer; to initiate such enforcement proceedings. d. A general contractor; (b) If a violation of the codes is found, the code e. A subcontractor; inspector shall notify the violator, unless para- f. A realtor; graph (c) of this section applies, and give the violator a reasonable time to correct the violation. g. No particular profession. Should the violation continue beyond the time Sapp. Na. 25 164 ADMINISTRATION § 2-175 specified for correction, the code inspector shall ownership of such property between the time the notify the enforcement board and request shear- initial pleading was served and the time of the ing pursuant to the procedure in section 2-176. hearing, such owner shall: The code enforcement board, through its clerical staff, shall schedule a hearing and written notice (1) Disclose, in writing, the existence and the of such hearing shall be hand delivered or mailed nature of the proceeding to the prospec- as provided in section 2-181 to said violator. At tive transferee. the option of the code enforcement board, notice (2) Deliver to the prospective transferee a may additionally be served by publication or copy of the pleadings, notices, and other posting as provided in section 2-181. If the viola- materials relating to the code enforce- tion is corrected and then recurs or if the violation went proceeding received by the transferor. is not corrected by the time specified for correc- tion by the code inspector, the case may be pre- (3) Disclose, in writing, to the prospective sented to the enforcement board even if the via- transferee that the new owner will be lotion has been corrected prior to the board hearing, responsible for compliance with the appli- cable code and with orders issued in the and the notice shall so state. code enforcement proceeding. (c) If the code inspector has reason to believe a {4) File a notice with the code enforcement violation or the condition causing the violation official of the transfer of the property, presents a serious threat to the public health, with the identity and address of the new safety, and welfare or if the violation is irrepara- owner and copies of the disclosures made ble or irreversible in nature, the code inspector to the new owner, within five (5) days shall make a reasonable effort to notify theviola- after the date of the transfer. A failure to tar and may immediately notify the enforcement make disclosures described in sub-para- baard and request a hearing. graphs {e)(1), (2), (3), and {4) of this sec- (d) 1f a repeat violation is found, the code tion before the transfer creates a rebutta- inspectar shall notify the violator, but is not ble presumption of fraud. If the property required to give the violator a reasonable time to is transferred before the bearing, the pro- correct the violation. The code inspector, upon ceeding shall not be dismissed, but the notifying the violator of a repeat violation, shaIl new owner shall be provided a reasonable notify the code enforcement board and request a period of time to correct the violation hearing pursuant to the procedure in section before the hearing is held. 2-176. The code enforcement board, through its {Ord. No. 19-79, § 5, 9-27-79; Ord. No. 9-84, § 6, clerical staff, shall schedule a hearing and shall 4-24-80; Ord. No. 8-90, § 4, 4-12-90; Ord. No. provide notice pursuant to section 2-181. The case 18-96, § 1, 5-9-96; Ord. No. 04-2000, § 2, 2-10-00} may be presented to the code enforcement board even if the repeat violation has been corrected Sec. 2-176. Conduct of hearing. p~.zor to the board hearing, and the notice shall so state. If the repeat violation has been corrected, (a) The chairman of the enforcement board the code enforcement board retains the right to may call bearings of the enforcement board and schedule a hearing to determine costs and impose hearings may also be called by written notice the payment of reasonable enforcement fees upon signed by at least three {3} members of the the repeat violator. The repeat violator may choose enforcement board. The enforcement board, at to waive his or her rights to this hearing and pay any hearing, may set a future hearing date. The said costs as detei~nined by the code enforcement enforcement board shall attempt to convene no board. Written native, with a scheduled hearing, less frequently than once every tvvo {2) months, shall be provided pursuant to section 2-181. but yet meet more or less often as the demand necessitates. Minutes shall be kept of all hearings (e) If the owner of property which is subject to by the enforcement board and all hearings and an enforcement proceeding before the enforce- proceedings shall be open to the public. The went board, special master, or court transfers village clerk shall provide clerical and adminis- $upp, No. 25 165 § 2-J.76 NORTH PALM BEACH CODE trative personnel as may be reasonabl re aired violator of the Cade section of which he is Y q lay the enforcement board for the proper perfor- accused, and shall first seek to determine mance of its duties. if the alleged violator pleads guilty or (b) Each case before the enforcement board innocent to such charge. If the alleged shall be presented by the Village's administrative violator admits guilt, then the board shall staff. Tf the local governing body prevails in pros- hear such testimony and evidence as it ecuting a case before the enforcement board, it deems necessary to remedy the violation shall be entitled to recover all costs incurred in or Punish the offender. If the alleged vio- prosecuting the case before the board and such later states he is not guilty of violating costs may be included in the lien authorized the Village Cade [section] in question, under section 2-178. then the board shall hear first from the village, village witnesses and evidence, (c) The enforcement board shall proceed to and the aIleged violator shall have the hear the cases on the agenda far that day. All right to cross examine village witnesses. testimony shall be under oath and shall be re- At the close of the presentation of the corded. The enforcement board shall take testi- villages case against the alleged violator, moray from the code inspector and alleged violator the alleged violator shall be permitted to and from any witness called on behalf of either present his evidence, testimony of the the village or the alleged violator. Formal rules of other witnesses and his own testimony in evidence shall not apply; however, fundamental defense. The village shall have the right due process shall be observed and govern said to cross examine the alleged violator and proceedings. Seth the village and the alleged his witnesses. The burden of proving the violator shall have the right to subpoena witness alleged violation of the Village Code as to testify at the hearing. described above shall be on the village to (d) At the conclusion of the hearing, the en- prove by a preponderance of evidence that forcement board shall issue findings of fact, based the alleged violator is guilty of violating ~ . on evidence of record and conclusions of law and the Code section of which he is accused. shall issue an order affording the proper relief {2) Subpoena alleged violators and witnesses consistent with powers granted herein. The find- to its hearings. Subpoenas maybe served ings shall be by motion approved by a majority of by the villages police department. those present and voting, except that at least four (4) members of the enforcement board must vote (3) Subpoena evidence to its hearings. in order for the action to be official. The order may (4) Take testimony under oath. include a notice that it must be complied with by a specified date and that a fine may be imposed (5) Issue orders having the force of law com- and, under the conditions specified in section mantling whatever steps are necessary to 2-178, the cost of repairs may be included along bring a violation into compliance. A certi- with the fine if the order is not complied with by Pied copy of such order maybe recorded in said date. the public records of the county, and shall (Ord. No. 19-79, § 6, 9-27-79; Ord. No. 9-80, § 7, constitute notice to any subsequent gur- 4-24-80; Ord. No. 16-52, Art. N, 9-9-82; Ord. No. chasers, successors in interest or assigns, 19-85, § 1, IO-24-85; Ord. No. 18-96, § 2, 5-9-96; if the violation concerns real property, Ord. No. 04-2000, § 3, 2-10-00) and the findings therein shall be binding upon the violator, and, if the violation Sec. 2-177. Powers of the enforcement board. concerns real property, any subsequent The enforcement board shall have the power to: purchasers, successors in interest ar as- signs. Ifthe order is recorded in the public {I) Adopt rules for the conduct of its hear- records pursuant to this subsection and ings. The chairman of the enforcement the order is complied with by the date board hearing shall advise the alleged specified in the order, the enforcement Sapp. Na. 26 166 ADMINISTRATION § 2-178 board shall issue an order acknowledging section (a). However, if a code enforcement board compliance that shall be recorded in the finds the violation to he irreparable or irreversible public records. A hearing is not required in nature, it may impose a fine not to exceed five to issue such an order acknowledging cam- thousand dollars {$5,000.00) per violation. pliance. {Ord. No. 19-79, § 7, 9-27-'79; Ord. No. 9-80, § S, (b) Determination of amount of fine. In deter- 4-24-$0; Ord. No. 8-90, § 5, 4-12-90; Ord. No. 4-91, mining the amount of the fine, if any, the enforce- § 1, 2-25-91; Ord. No. OS-2003, § 1, 3-27-2003) went board shall consider the following factors: (1) The gravity of the violation; Sec. 2-178. Fines; liens. (2) Any actions taken by the violator to cor- rect the violation; and (a) Generally. The enforcement board, upon notification by the code inspector that a previous {3) Any previous violations committed by the order of the enforcement board has not been violator. complied with by the set time or, upon finding that the same violation has been repeated by the (c) Reduction of fine. The code enforcement board may reduce a fine imposed pursuant to this same violator, may order the violator to pay a fine section. A fine imposed pursuant to this article in an amount specified in this section for each day shall continue to accrue until the violator comes the violation continues past the date set for com- into compliance or until judgment is rendered in a pliance, ar, in the case of a xepeat violation, for suit to foreclose on a Lien filed pursuant to this each day the repeat violation continues past the section, whichever occurs first. date of notice to the violator of tho ropeat viola- tion beginning with the date tho repeat violation (d) Copies of orders imposing fines. A certified is found to have occurred by the code inspector. In copy of an order imposing a fine or a fine plus addition, if the violation is a violation described in repair costs, may be recorded in the public records subsection 2-175(c), the enforcement board shall and thereafter shall constituto a lien against the notify tho local governing body, which may make Iand on which the violation exists and upon any all reasonable repairs which are required to bring other real or personal property owned by the the property into compliance and charge the vio- violator. Upon petition to the circuit court, such lator with the reasonable cost of the repairs along order may be enforced in the same manner as a with the fine imposed pursuant to this section. court judgment by the sheriffs of this state, in- Making such repairs does not create a continuing eluding execution and levy against the personal obligation an the part of the local governing body property of the violator, but such order shall not to make further repairs or to maintain the prop- be deemed to be a court judgment except for arty and does not create any liability against the enforcement purposes. Afine imposed pursuant to local governing body for any damages to the this part shall continue to accrue until the viola- property if such repairs were completed in good for comes into compliance or until judgment is faith. If a finding of a violation or a repeat rendered in a suit filed pursuant to this section, violation has been made as provided in this arti- whichever occurs first. A lien arising from a fine cle, a hearing shall not be necessary for issuance imposed pursuant to this section runs in favor of of the oxder imposing the fine. If, after due notice the local governing body, and the local governing and hea~.~ng, a code enforcement board finds a body may execute a satisfaction ar release of lien violation to be irreparable or irreversible in na- entered pursuant to this section. After three (3) furs, it may order the violator to pay a fine as months from the filing of any such lien which hereinafter specified, A fine imposed pursuant to remains unpaid, the enforcement board may au- this section shall not exceed two hundred fifty thorize the local governing body attorney to fore- dollars ($250.00) per day for a fn°st violation and close on the lien or to sue to recover a money shall not exceed five hundred dollars ($500A0) judgment fox the amount of the lien plus accrued per day for a repeat violation and, in addition, interest. No lien created pursuant to the provision may includo all casts of repairs pursuant to sub- of this section may be foreclosed on real pxopexty Supp. No. 25 167 § 2-178 NORTH PALM BEACH CODE which is a homestead under Article X, Section 4 of paragraph to the owner of the property in the State Constitution. The money judgment pro- question at the address listed in the tax visions of this section shall not apply to real collector's office for tax notices, and at any property or personal property which is covered other address provided to the local gov- under § 4(a), Art. X of the State Constitution, ernment by such owner and is returned as {Ord. No. 19-79, § 8, 9-27-79; Ord. No. 9-80, § 9, unclaimed or refused, notice may be pro- 4-24-80; Ord. No. 16-82, Art. V 9-9-82; Ord. No. vided by posting as described in subpara- 2-86, § 2, 3-27-86; Ord. No. 8-90, § 6, 4-12-90; Ord. graphs (2)(b)l. and 2. and by first class No. 18-96, § 3, 5-9-96; Ord. No. 04-2000, § 4, mail directed to the addresses furnished 2-10-00; Ord. No. 11-2001, § 1, 4-26-01} to the local government with a properly executed proof of mailing or affidavit con- Sec. 2-179. Duration of lien. firming the first class mailing; No lien shall continue for a period longer than {b) Hand delivery by the sheriff or other law twenty {20) years after the certified copy of an enforcement officer, code inspector, or other order imposing a fine has been recorded, unless person designated by the local governing within that time an action is commenced pursu- body; ant to section 2-178 of this Code in a court of competent jurisdiction. In an action to foreclose (c) Leaving the notice at the violator's usual on a lien or for a money judgment, the prevailing place of residence with any person resid- party is entitled to recover all costs, including a ing therein who is above fifteen (15) years reasonable attorney's fee, that it incurs in the of age and informing such person of the action. The local governing body shall be entitled contents of the notice; or to collect all casts incurred in recording and (d) In the case of commercial premises, leav- satisfying avalid lien. The continuation of the ing the notice with the manager or other line effected by the commencement of the action person in charge. shall not be good against creditors or subsequent purchasers for valuable consideration without (2} In addition to providing notice as set forth notice, unless a notice of Iis pendens is recorded. in subsection (1), at the option of the code enforce- (Ord. No. 18-96, § 4, 5-9-96; Ord. No. 11-2001, § 2, went board, notice may also be served by publi- 4-26-01) cation or posting, as follows: Sec. 2-180. Appeal. {a) 1. Such notice shall be published once during each week for four (4} consec- An aggrieved party, including the village coon- utive weeks (four publications being cil, zx~ay appeal a final administrative order of the sufficient) in a newspaper of general enforcement board to the circuit court of the circulation in the county where the county. Such an appeal shall not be a hearing de code enforcement board is located. novo, but shall be limited to appellate review of The newspaper shall meet such re- the record created before the enforcement board. quirements as are prescribed under An appeal shall be filed within thirty {30) days of chapter 50 of the Florida Statutes the execution of the order to be appealed. for legal and official advertisements. (Ord. No. 19-79, § 9, 9-27-79; Ord. No. 9-80, § 10, 2, Proof of publication shall be made as 4-24-80; Ord. No. 16-82, Art. VI, 9-9-82; Ord. No. provided in Sections 50.041 and 2-86, § 3, 3-27-86; Ord. No. 18-96, § 5, 5-9-96) 50.051, Florida Statutes. Sec. 2-181. Notices. {b) 1. In lieu of publication as described in {1) All notices required by this part shall be paragraph (a), such notice may be posted for at least ten (10) days prior provided to the alleged violator by: to the hearing, or prior to the expi- {a) Certified mail, return receipt requested, ration of any deadline contained in provided if such notice is sent under this the notice in at least two (2) loco- . Supp. No. 25 16$ ADMINISTRATION § 2-182 tions, ane of which shall be the prop- erty upon which the violation is al- leged to exist and the other of which shall be at the primary municipal government office. 2. Proof of posting shall be by affidavit of the person pasting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. {c) Notice by publication or posting may run concurrently with, or may fallow, an at- tempt ar attempts to provide notice by hand delivery or by mail as required un- der subsection (1). Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (I), together with proof of publication or posting as provided in subsection (2} shall be sufficient to 5hDW that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually receivod such notice. {Ord. No. 19-79, § 10, 9-27-79; Ord. Na. 9-80, § 10, 4-24-80; Ord. No. 8-90, § 7, 4-12-90; Ord. No. 18-96, § 6, 5-9-96; Ord. No. 04-2D00, § 5, 2-10-00) Sec. 2-182. Actions for money judgments; limitation. Actions for money judgments may be pursued only on fines levied after October 1, 2000. (Ord. No. OS-2003, § 2, 3-27-2003) [The next page is 211] 5upp. No. 25 150 l BUILDINGS AND BUILDING It~GULATIONS § 6-I13 that are a hazard or a nuisance to occu- utes on a commercially zoned prop- pants of any property because of glare or erty and on which the business being other characteristics. advertised is located and: (17) Signs that contain any lighting or control 1. Is parked within the front two- mechanism that causes interference with thirds of the area between the radio, television or other communication front building line and the front signals. lot line; or {1$) Searchlights used to advertise or promote 2. In the case of corner lots, is a business or to attract customers to a parked within the front two- property thirds of the area between the side building line and the side (19} Signs that are painted, pasted, or printed lot line; or on any curbstone, flagstone, pavement, or 3. Is parked within thirty (30) feet any portion of any sidowalk or stroet, of any street right-of--way. except house numbers and traffic control signs. (24) Signs displaying copy that is harmful to (20) Signs placed upon benches, bus shelters minors as defined by this code. or wasto roceptacles. (25) Portable signs as defined by this code. {21) Signs erected on public property, or on (26) Marquee sign as defined by this code. private property {such as private utility pales) located on public property, other (27) Roof sign as defined by this code. than signs erected by public authority for (28) Changeable copy sign as defined by this public purposes. code. (22) Signs erected over or across any public Exceptions: street except as may otherwise be ex- a. Sign far public, charitable, and reli- pressly authorized by this Code, and ex- gious institutions. cept governmental signs erected by or on the order of the village manager. b. Motor vehicle service station signs; (23) a. Vehicle signs with a total sign area provided, however, that said signs are: on any vehicle in excess of ten {10) 1. Limited to a maximum oftwenty square feet, when the vehicle is parked on the same property as the (20) percent of the total sign business being advertised and: area for said vehicle service sta- tion. 1. Is parked for more than sixty (60) consecutive minutes within 2. Changeable copy is limited to one hundred (100) feet of any price offuel and thewords "cash" street right-of-way; and and "credit." 2. Is visible from the street right- 3. 'Phe maximum height ofchange- of-way that the vehicle is within able numbers shall be twelve one hundred {100) feet of; and {12) inches. 3. Is parked on commercially zoned c, Signs in P-Public District. property; (29) Painted wall sign as defined by this code. b. Vehicle signs visible from any street right-of--way with a total sign area (30) Neon tube sign located inside or outside a less than or equal to ten (10) square building and as defined by this code. feet, when the vehicle is parked for (31) Off site/premise ,sign as defined in this mare than sixty (60) consecutivemin- code. Snpp. No. 25 398.11 § 6-1I3 NORTH PALM BEACH CODE C (32) Signs placed on boats or watercraft that struction is discontinued for a period are located on public or private property of more than sixty (60) days, the other than boat or watercraft name, man- message shall be removed, pending ufacturers name or required license num- initiation or continuation of construc- ters. tion activities. (33) Time-Temperature-Date Signs. c. To announce or advertise such tem- (Ord. No. 24-93, § 2, 10-14-93, Ord. No. 13-94, § 2, porary uses as grand openings, car- 8-18-94; Ord. No. 37-97, § 1, 5-28-97; Ord. No, nivals, revivals, sporting events, or 12-2000, § 1, 4-27-00) any public charitable, educational or religious event or function. Such mes- Sec. 5.114. Permitted temporary signs. sage shall not be displayed more (A) Where allowed. Temporary signs are al- than thirty (30) days prior to the event or function and shall be re- lowed throughout the village, subject to the re- moved within two (2) working days strictions imposed by this section and other rele- after the special event. Approval of vent parts of this Code. Temporary signs do not the size and locations of the signs by require a building permit. the department of public services is (B) Sign types allowed. A temporary sign may required. be a pole, ground or building wall sign, but may d. Political sign. Nothing shall be con- not be an electric sign. strued to regulate the content or (C) RemoUal of illegal temporary signs. Any internal design of a political sign. temporary sign not complying with tho require- Signs advertising political events and menu of this section is illegal and subject to functions shall not be displayed more immediate removal by the village forces. than thirty (30} days prior to the event or function and shall be re- (D) Restrictions on content of temporary signs. moved not more than seven (7} cal- A temporary sign may display any message so ender days following the event or long as it is not: function advertised by the sign. Cam- (1} Harmful to minors as defined by this paign signs shall not be displayed Code. more than thirty (30} days prior to the candidate qualifying for office or {2) Advertising as dofined by this Code, ox- issue being voted upon and shall be cept that advertising for the following removed within seven (7) days fol- purposes may be displayed: lowing the election a. To indicate that an owner, either (E) Permissible size, height and number of personally or through an agent, is temporary signs. actively attempting to sell, rent ar lease the property an which the sign. {1) One-family and two-family residences. A is located. parcel on which is located a single one- b. To identify construction in progress. family or two-family residence may dis- Such message shall not be displayed play not more than one temporary sign more than sixty (60) days prior to with a sign area of not more than five (5) the beginning of actual construction square feet. No sign shall exceed five (5) of the project, and shall be removed feet in height. Front setback shall bo ten when construction is completed. If a (10) feet and side setback shall bo three mossage is displayed pursuant to (3) feet. this section, but construction is not (2) Multi-family residences. A parcel on which initiated within sixty (60) days after is located amulti-family residence may the message is displayed, or if con- display not more than one {1) temporary 5upp. No. 25 398.12 BUILDINGS AND BUILDING REGULATIONS § 6-115 sign with a sign area of not more than erected or a commercial message related thirty-two (32) square feet. No individual to the business and located on the busi- sign shall exceed eight (8) feet in height. ness premises. The noncommercial mes- Front setback shall be ten (10) feet and sage may occupy the entire sign face or side setback shall be three (3) feet. portion thereof. The sign face may be {3) 4n all other parcels. AlI other parcels may changed from commercial to noncommer- display not mare than one {1) temporary cial messages as frequently as desired by sign with an aggregate sign area of not the owner of the sign, provided that the more than sixteen {16} square feet. No size and design criteria conform to the sign shall exceed eight (8) feet in height. applicable portions of this code, the sign is allowed by this code, the sign conforms to (4) AlZ areas. Three (3) temporary political the requirements of the applicable zoning signs, each not exceeding five {5) square designation and the appropriate permits feot in sign area and not more than five are obtained. For tho purposes of this sign (5) feet in height, may be displayed on a code, noncommercial messages, by their parcel. very nature, shall never be deemed off- (Ord. Na. 24-93, § 2, 10-14-93; Ord. No. 32-2000, premises. § L, 10-12-00; Ord. No. 10-2002, § 1, 4-25-02; Ord. No. 09-2003, § 1, 4-10-03) (C) Permissible number; area, spacing and height of permanent accessory signs. Sec. 6-11~. Permitted permanent accessory signs. (1) Ground signs: {A) Sign types allowed. A permanent accessory a. Multi-family buildings with more sign may be a ground or building wall sign. than four (4) dwelling units. {B) Content. A permanent accessory sign may Number -One (1) maximum. only display any combination of the following, Sign Area -Maximum thirty-two none of which may be harmful to minors as (32) square feet. defined in this Code. Height -Eight (8) feet maximum. (1) Letters depicting the name of the building Set back, Minimum -Ten {M} feet or the name of the building occupant. front -three (3) feet side. (2) Letters depicting the nature of the busi- b, Commercial occupancy: ness and that are a maximum of fifty (50) percent of the height of the letters in Number -One sign per parcel right- paragraph {B){1) of this section, of-way frontage maximum. {3) A logo symbol for the building or the Sign Sign Sign Face building occupant which does not exceed Setback xeiglit Area fifty (50) percent of the allowable sign Minimum Maximum Maximum area. 5 ft. 8 ft. 30 sq. ft. 10 ft. S ft. 36 sq. ft. (4) Street address number and/or name. 20 ft. 1o ft. 4o sq. ft. {5) Noncommercial message. Notwithstand- 30 ft. 10 ft. 45 sq. ft. ing anything contained in other sections of the Code of the village to the contrary, {2) Building wall signs: any sign erected pursuant to the provi- a. Subject to the design criteria of this sions of this code may, at the option of the article, the maximum mounting applicant, contain either a noncommer- height of a building wall sign shall vial message unrelated to the business be oighteen (18) feet, except that on located on the premises where the sign is a building of more than two (2) sto- Supp. No. 25 398.I3 § 6-115 NORTI~ PALM BEACF3 COI}E 1 ries, a single building wall sign is of the facade area if the front build- allowed above eighteen {18) feet fat- ing setback is one hundred feet (1D0) ing each public street frontage. minimum. b. Each multiple occupancy complex Exception: An occupant that has may display ane (1) permanent ac- building facade area facing multiple cessory building wall identification public street frontages may have one sign facing each public street front- (1) full size wall sign facing a public street frontage and one-half {~12} size age on the principal building in which wall sign facing the other street front- the complex is located, not to exceed a sign area of twenty (2D) square ages. feet. {D} Directional signs. One (1} parking area directional sign may be erected at each point of c. Each occupant of a multiple occu- ingress and egress to a parking Iot or parking panty complex that has a licensed area. Such signs shall not exceed two (2) square building frontage which has direct feet in background area nor exceed three (3) feet ground level walk-in access from a in height. Such signs shall not create a traffic or public or private roadway ar side- pedestrian hazard. (See section 6-1.12{B)). walk may display one (1) permanent accessary building wall sign on any {E) Signs at entrances to residential develop- exterior portion of the complex that ments. is part of the occupant's unit {not (1) Generally. A permanent accessory sign including a common or jointly owned may be displayed at the entrance to resi- area), and that has a maximum sign dential developments. area of five (5) percent of the facade area if the front building setback is (2) Restrictions. twenty-five (25) feet minimum, seven a. One (1) sign is permitted at only one (7) percent of the facade area if the (1) entrance into the development front building setback is seventy {'70) from each abutting street. The sign feet minimum and ten (1D) percent may be a single sign with two (2) of the facade area if the front build- faces of equal size or may be two (2) ing setback is one hundred (10D) feet single-faced structures of equal size minimum. Exception: An occupant located an each side of the entrance. that has building facade area facing No face of the sign shall exceed thirty- multiple public street frontages may two (32) square feet in size, and may have one (1) full size wall sign facing be illuminated in a steady light only. a public street frontage and aone- b. When considering the placement of half (l/z) size wall sign facing the such signs, the planning commission other street frontages. shall consider the location of public d. Each occupant of a single occupancy utilities, sidewalks and future street complex may display one (1) perma- widening. nent accessary wall sign on the grin- c. The planning commission shall en- cipal building in which the occu- sure that such signs shall be main- pancy is located, not to exceed a sign tained perpetually by the developer, area of five (5) percent of the facade the owner of the sign, a pertinent area if the front building setback is owners' association, ar some other twenty-five {25) feet minimum, seven person who is legally accountable (7) percent of the facade area if the under a maintenance arrangement front building setback is seventy (7D) approved by the village council. If no feet minimum and ten (10) percent accountable person accepts legal re- Supp. No. 25 398.14 BUILDINGS AND BiTILDING REGTTf ATIONS § 8-116 sponsibility to maintain the signs shall be eight {8) inches. All street num- and no other provision has been made hers shall be a sharply contrasting color for the maintenance of them, the with the building. signs shall be removed by the devel- oper or owner. {4) Maintenance. It shall be the duty of the owner of the building to maintain the (F) Flags. numbers on the building in good condi- tion. (1) Number. Not more than three (3) flags or insignias of governmental, religious, char- {I) Signs in P-Public Zoning District. itable, fraternal or other organizations (1) Type-On premise, wall and ground signs. maybe permanently displayed on any one parcel of land. {2) Number-Such number as shall be per- mitted by the village council, in its discre- (2) Size. The maximum distance from top to tion, to assist in the administration and bottom of any flag or flags shall be twenty operation of the village and its various (20} percent of the total height of the flag governmental, recreation and proprietary pole, or in the absence of a flag pole, operations. twenty (20) percent of the distance from the top of the flag or insignia to tho {3) Size-Height-Location. Shall be no ground. The maximum height of a flag greater than the signs allowed in adjacent pole shall be twonty (20) feet. zoning districts. (G} Utility signs. Public utility ,signs that idea- {4) Additional signs. The following additional signs are permitted: Locational and direc- tify the location of underground utility lines and tional signs at outdoor public recreation facilities, high voltage lines and facilities, and park and sporting events which may in- other utility facilities and appurtenances are per- elude advertising logo of the entity spon- mitted so long as they do not exceed three {3) foot Boring the activity or event being held on in height, and so long as the sign face does not publicly owned property, including, but exceed one-half (~/a) square foot. nat limited to youth athletic associations, (H} Street numbers. organized team competitions, swimming meets, tennis tournaments and golf course (1) Generally. Every building in the village benches with direction and ball washing shall have its street number so affixed to facilities at each tee. the building or the premises upon which the building is located that it is both {J) Strings of white light bulbs. Strings of visible and legible from the public street. white light bulbs may be permanently permitted to outline buildings and decorate trees on com- (2) Commercial buildings. Every commercial mercially developed property provided that such building with a wall facing an alley shall display does not interfere with neighboring land have each individual tenancy street num- uses. A building permit is required. ber affixed to the building above or next to (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 3, the rear door serving each tenancy so that 8-11-94; Ord. Na. 10-99, § 2, 2-11-99; Ord. No. the number is both visible and legible 22-2000, § 1, 8-24-00; Ord. No. 31-2001, § 2, from the alley. The street numbers shall IO-25-O1) be reflective. (3} Height-Colo1: All street numbers shall Sec. 6-116. Measurement determinations. be a minimum of three {3) inches in height (A) Facade area. The facade area shall be on residential buildings and a minimum measured by determining the area within atwo- of six (6) inches on commercial buildings. dimensional geometric figure coinciding with the Maximum height of alI street numbers edges of the walls, windows, Boars, parapets, Supp. No. 25 398.14.1 § 6-116 NORTH PALM BEACH CODE 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 bo 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 tap 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) thane points or edges of the sign face. (2) Special situations. Sec. 6-117. Design, construction, and loca- tion standards. (a) Where a sign is composed of letters (A) Generally. All permanent signs must cam- attached directly to a facade, win- ply with the following design, construction and dow, door, or marquee, and the let- location standard. tern are not enclosed by a border or trimming, the sign area shall be the area within the smallest rectangle, parallelogram, triangle, circle or semi- circle, the sides of which touch the extreme points of the letters or pic- tures. (b) Whero two (2) sign faces are placed / back to back on a single sign struc- tore, and the faces are at no point more than four (4} feet apart, the area of the sign shall be counted as the area of one (1) of the faces. (c} Where three (3) or more sign faces are arranged in a square, rectangle, or diamond, the area of the sign shall be the area of the two (2) larg- est faces. {C) Number of signs. (1) Generally. In general, the number of signs shall be the number of non-contiguous sign faces. Multiple non-contiguous sign faces maybe counted as a single sign if all the sign faces are included in the geomet- ric figure used for determining the sign area. (2) Special situations. (a) Where two (2) sign faces are placed back to back and are at no point more than three (3) feet apart, it shall be counted as one sign. Supp, No. 26 398.14.2 HEALTH AND SANITATION § i4-28 ARTICLE I. IN GENERAL Sec. 14-26. Frequency of collection. Commercial garbage shall be collected at least Secs. 14-1-14-15. Reserved. three (3) tunes a week, and with greater fre- quency and in such manner as shall be directed ARTICLE II. GARBAGE, TRASH AND by the village manager. REFUSE* (Code 1970, § 18-4I) Sec. 14-27. Charges-Generally. DIVISION 1. GENERALLY All property within the village which is im- Secs. 14-16-14-22. Reserved. proved by a structure for which a certificate of occupancy is issued after February first of any year and for which garbage and trash collections DIVISION 2. GARBAGE COLLECTION AND are made by the village shall pay the following DISPOSAL fees for collection and disposal of garbage and trash during the remainder of that calendar year Sec. 14-23. Definition. in which the certificate of occupancy is issued: As used in this division, "commercial garbage" {1) One- and two-family homes, four dollars shall mean every refuse accumulation of animal, and twenty-three cents ($423) per dwell- fruit or vegetable matter that attends the prepa- ing unit per month, or fraction thereof. ration, use, cooking and dealing in, or storage of meats, fish, fowl, fruits or vegetables, and any {2} Dwellings of three (3) units or more, four other matter of any nature whatsoever which is dollars and twenty-three cents ($4.23) per subject to decay and the generation of noxious or unit per month, or fraction thereof. Where offensive gases or odors, or which, during or after a dwelling of three (3) or more units is a decay, may serve as breeding or feeding material condominium and the condominium asso- for flies or other germ-carrying insects. ciation or the developer of the condomin- (Code 1970, § 18-1) ium notifies the director of public ser- Cross reference-Rules of construction and definitions vices, garbage and trash fees shall be generally, § 1-2. billed to the individual owners of condo- minium units. Sec. 14-24. Garbage cans-Required. (3) Far commercial establishments, four doI- Garbage containers at each commercial estab- lays and twenty-three cents ($4.23) per Iishment within the village and at each multifam- month, or fraction thereof. ily dwelling which contains three (3) or more (Code 1970, § 18-49; Ord. No. 2-74, § 1) units shall provide dumpster-type garbage con- tainers which can be collected by village garbage Sec. 14-28. Same-Fee for excess amounts vehicles using the dumpster collection method. from commercial establishments. {Code 1970, § 18-23; Ord. No. 6-75, § l., 6-12-75) In the event any commercial establishment has more than two (2} cubic yards of garbage at any Sec. 14-25. Same-To be kept covered. one (1} pickup, the occupant thereof shall pay one All commercial garbage cans shall be kept dollar {$1.00) per cubic yard for all garbage col- tightly covered at all times, except when neces- lected m excess of two (2) cubic yards. In the event sary to lift the covers for the purpose of depositing any commercial establishment has mare than six garbage in the garbage can ar for the purpose of {G) cubic yards of garbage picked up during any emptying such garbage into a garbage truck. one (I}week, the occupant thereof shall pay one (Code 1970, § 18-24) dollar ($1A0) per cubic yard for all garbage col- lected in excess of six (6} cubic yards per week. rCross reference----Refuse disposal divisions, § 2-85(e). {Code 1970, § 18-48} Supp. No. 25 891 I f. § Y4-29 NORTH PALM BEACH CODE Sec. I4-29. $arne--When and where paid. tax rolls. Failure to pay the fees when due may All payments required by this division shall be result in the discontinuance of the waste removal made to the village by the fifteenth of the month service and/or the placing of a lien by the village for which service is rendered. All delinquent ac- council in the amount of the fees due against the counts are subject to stoppage of service without Property to which service is available, and/or notice. If a delinquent account is not Paid within action by the village cads enforcement board. thirty {30) days, the director of public services (~l) The collection of garbage and trash by a shall cease all refuse collection for that account private person, firm, or corporation hired for such unless otherwise directed by the village manager. purpose is prohibited except where dumpsters of Service shall be resumed thereafter only upon greater than two-cubic-yard capacity are used. payment of the accumulated fees for the period of {Ord. No. 37-90, § I, 10-25-90; Ord. No. 34-91, § 1, collection and the period of noncollection unless 11-14-91; Ord. Na. 18-92, § 1, 10-22-92; Ord. No. the village manager specifically directs otherwise. 19-94, § 1, 10-13-94; Ord. No. 8-96, § 1, 2-8-9Fi; The stoppage of service herein authorized for Ord. Na. 3-98, § 1, 1-8-9$; Ord. No. 29-20D0, § 1, nonpayment of collection charges shall be in ad- 9-28-00; Ord. No. 29-2002, § 1, 10-1.D-fl2) dition to the right of the village to proceed far the collection of such unpaid charges in a manner Secs. 1431-14-36. Reserved. provided by Iaw. (Code 1970, § 18-53; Ord. No. 2-'74, § 2) DIVISION 3. ABANDONED, TNOPERATIVE Sec. 1430. Commercial use property waste AND JUNKED PROPERTY* disposal fees and collection pro- Sec. 14-37. Definitions. cedures. (1) For purposes of this section, commercial As used in this division, the fallowing terms shall have the indicated meanings: use property shall include all property parcels in the village upon which a building exists with the Motor aehicle includes all vehicles as defined in exception of residential use property, village- F.S. section 320.01(1), or as elsewhere defined in owned property and other property used for gov- the Florida Statutes, and shall include, in addi- ernmental purposes. tion, any vehicle which is self-propelled and de- (2) Annual disposal fees for garbage and trash signed to travel along the ground or water and and all other refuse collected by the Village of shall include, but not be limited to, automobiles, North Palm Beach shall be charged as herein buses, motor scooters, motor bicycles, motorcy- provided, except as otherwise stated. cles, trucks, tractors, go-carts, golf carts, campers, trailers and motorboats. Occupancy Category Fee per Square Foot Private property means any real property within Law $ 0.033 the village which is privately owned and which is Medium D,Ogg not public property as defined in this section. High 0.479 Public property means any street or highway Occupancy category is as determined by the Palm which shall include the entire width between the Beach County Solid Waste Authority. boundary lines of every way publicly maintained Total square feet is as determined by the Palm Beach County Tax Appraiser. {3) Waste disposal fees shall be due and Pay- able to the village yearly in advance on October 1 of each year regardless of occupancy or use of the property charged. The fees shall be billed to the property owner of record as shown on the county *Cross reference-Motor vehicles and traffic, Ch. 18. ~ Su . No. 25 ~p 892 LICENSES ANII MISCELI.~IV~OUS BUSINESS REGULATIONS § 17-2 ARTICLE I. IN GENERAL plete findings of fact and conclusions re- garding all of the basic elements considered Sec. 1'7-1. Cable television rate regulation. in the village council's determination. (Ord. No. 1-94, 1, 2, 1-Z3-94; Ord. No. 24-2402, § 1, 9-12-02} (a) Implementation. The village council does Editor's Hate-Ord. No. 1-94, adopted Tan. 13, 1994, has hereby implement cable television rate regulation been codified herein at the discretion of the editor as § 1'7-1. within the village consistent with Federal Com- munications Commission requirements. Sec. 17-2. Home occupations. (lo) Rate regulation requirements. (a) Home occupations ds permitted uses. Home occupations shall be permitted uses within R-1 (1) Any rate ox charge established for cable Single-family Dwelling District, R-2 Multiple- television service, equipment, repair and family Dwelling District and R-3 Apartment Dwoll- installation shall be reasonable to the ing District, and mixed-use ResidentiaUCommer- public. In determining whethox a rate or cial PUDs. charge is reasonable, the village shall (b) Definition. Home occupation is defined to apply the cable television rate regulation mean any activity for which an occupational li- criteria established by the Fodoral Com- tense of the Village of North Palm Beach is munications Commission ("FCC"). required by law, which is conducted within a (2) Should a franchisee desire to change any dwelling unit in a residential district. rate or charge, it shall submit a written (c) Occupational license required. It shall be a proposal for the amounts and effective violation for any person to conduct a home occu- date of such change to the mayor and potion without first obtaining an occupational council who may instruct staff to evaluate license therefor issued by the village. The public the proposal in a manner consistent with service department may impose reasonable con- FCC cable television rate regulation scan- ditions upon an occupational license issued for a dards and report this evaluation to the home occupation for the purpose of insuring com- village council. The staff report shall be pliance with the standards set forth in section placed before the village council at a duly 17-2(d). noticed public hearing. The village will provide written notice of tho public hear- (d) Standards. Prior to the issuance of an ing to the franchisee no later than seventy- occupational license and as continuing opera- two (72} hours prior to the public hearing. tional standards, home occupations shall comply The village may require the franchisee to 'W'ith the following: notify oath subsc~.-iber, in writing and/or (1) No person shall be employed in a home via tho cable system, of the proposed rate occupation who is not a permanent change and the date and time of the domiciliary resident of the dwelling unit public hearing. At such hearing, the cable in which the home occupation exists. operator and members of the public will be given an opportunity to present their (2) The floor area within a dwelling unit respective views on the proposed rates. devoted to a home occupation shall not Upon conclusion of tho public hoaxing, the exceedtwenty-five (25) percent of the gross village commission shall decide the mat- floor area of the dwelling unit excluding porches, garages, carports and other ar- ter by majority vote and adopt a resolu- eas which aro not considered living area. tion approving, disapproving or modifying the proposed rate changes and providing (3) The activities of a home occupation shall such Further relief as is appropriate and occur entirely within the dwelling unit, authorized by FCC rate regulation Stan- excluding accessory structures such as dards. The resolution shall set forth tom- garages, carports and sheds. Supp. No. 25 1053 § 17-2 NORTH PALM BEACH CODE (4) There shall be no external evidence of the poses by its occupants, and shall, under existence of a home occupation within a no circumstances, change the residential dwelling unit. Signs, displays, off street clxaracter thereof. parking areas other than driveways nor- mallyrequired for residential use, or other (e) Affidavit of applicant required. An appli- advertising of any kind are prohibited. cant for an occupational license for a home occu- pation shall at the time of application file an (5) No tangible goods or services of any kind affidavit wherein the applicant: shall be sold or transferred to a customer, consumer or client on the premises of a (1) `Fees to comply with the standards set forth in this section; home occupation, excluding facsimile ma- chine, telephone and /or postal transac- (2) Agrees to comply with the conditions im- tions. posed by the department to insure cam- (6) A home occupation shall not create noise, pliance with such standards; vibration, glare, fumes, odors, dust, smoke (3) Acknowledges that a departure therefrom or electromagnetic disturbances No equip- may result in a suspension of termination ment or processes shall be used which of the occupational license; and create visual or audible interference in Acknowledges that the village shall have any radio or television receiver located the right to reasonably inspect the pre- nearby. No chemicals or chemical equip- raises upon which the home occupation is went shaIl be used, except those that are conducted to insure compliance with the used for domestic or household purposes. foregoing standards and conditions, and No motor or engine power, other than to investigate complaints, if, any, from electrically operated motors, shall be used neighbors. in conjunction with such home occupation and the total horsepower of such permit- (fl Violation of standards or conditions deemed Led electrical motors shall not exceed three a Cade violation. Failure by a home occupation (3) horsepower, or one horsepower for any licensee to comply with the standards of this single motor. section and with the conditions imposed by the department shall be deemed a violation of this (7) Vehicular and pedestrian traffic shall not Code. be genorated by a home occupation in a greater volume or a different vehicle type {g) Appeals. An applicant for an occupational than the traffic typical in a residential license whose application is denied for failure to neighborhood in the village. meet the standards set forth in this section or who objects to any conditions imposed by the depaxt- (8) Deliveries of any kind required by and ment may appeal the reasonableness of either to made to the premises of a home occupa- the zoning board of adjustment which may direct Lion shall not exceed one business deliv- that tbo license be issued with or without condi- ery per day. Lions or may modify, add to or delete the imposed (9) The giving of art, music or other instruc- conditions. Lions ar lessons shall be limited to not (h) Repeal of ordinances. All ordinances or more than two (2) persons at any one parts of ordinances in conflict herewith are hereby time. repealed. (10) Outdoor storage or any materials shall {i) Effective date. This section [Ordinance No. not be permitted. 2-95] shall be effective upon the date of passage. (Ord. No. 2-95, f-9, 1.-26-95) {11) The use of the premises for the home Editor's note--Ord. No. 2-95, adopted Jan. 26, 1995, has occupation shall be clearly incidental and been codified herein at the discretion of the editor as § 17-2. subordinate tD its use for residential pur- Cross reference-Zoning, App. C. Supp. No. 25 1054 i LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § i7-20 Secs. 17-3-17-1fi. Reserved. applicant to file an application with the licensing officer, such applicant to be in the form required by the village and such applicant shall be re- ARTICLE II. OCCUPATIONAL LICENSES* quired to furnish to the village such other infor- mation not contained in the application as the Sec. 17-I6. License required; basis of one village manager may require. year. (Ord. No. 7-81, § 1, 7-23-$1) A tax is hereby imposed by the village upon Sec, 17-19. Issuance of license; duration; half- each and every business, profession and occupa- year license; when due and pay- tion having a business location or branch office able. within the village, in the respective amounts set All licenses shall expire on the thirtieth day of forth in section I7-33 of this Code. In addition, September of each year. No license shall be issued each and every such business, profession and for more than one (1) year. For each license occupation which directly engages in interstate obtained between September 1 and March 31, the commerce, or which competes with any business, full tax for one (1) year shall be paid except as profession or occupation engaged in interstate hereinafter provided. For oath license obtained commerce shall be licensed pursuant to this Code between April 1 and Septoxir~bor 1, one-half of the in the respective amounts set forth in section full tax for one (1) year shall be paid except as 17-33. Unless otherwise stated, the amount of otherwise provided. Ahalf--year license issued such tax specified shall be on the basis of one (1) pursuant to the provisions of this article, how- year. ever, shall be granted only as an initial license. (Ord. No. 7-81, § 1, 7-23-81} Subsequent licenses must be issued on a full-year basis regardless of the date of application, except Sec. 17-17. Registration required. where a period of at least five (5) subsequent Any person who engages in any business, occu- consecutive years without a license has elapsed in potion or profession within the village not re- which case the characteristics of an initial license quired to be licensed hereunder shall be certified will apply provided all other provisions of this with the licensing officer by executing an infer- article are fully satisfied. Upon payment of such oration form provided by the village. The purpose tax, the license shall expire at the end of the of such certification is to provide the village with Period for which such license is issued as information concerning those who are doing busi- hereinabove specified. ness within the village and, where appropriate, to (Ord. No. 7-81, § 1, 7-23-81) assure the village that such persons are licensed Sec. 17-20. License renewal; delinquency countywide by the county. The fee far this certifi- penalty, cation shall be two doIlars ($2.00). Anyone violat- All licenses issued hereunder may be renewed ing this provision by failing to register the re- without penalty no later than September 30 by quirod information with. the licensing office shall a lication of the license holder. Licenses not be deemed guilty of a misdemeanor of the second renewed by October 1 shall be considered delin- degree. (Ord. No. 7-81, § 1, 7-23-81} quent and subject to a delinquency penalty of ten (10} percent of the full year license fee for the month of October, plus an additional five-percent Sec. 17-18. Application for license. penalty for each month of delinquency thereafter Before the village shall be required to issue a until paid. The total delinquency penalty shall license for engaging in or carrying on any of the never exceed twenty-five {25) percent of the full businesses, professions or occupations specified year license fee for that applicant, in addition to and set forth herein, it shall be the duty of the the license fee set forth herein. (Ord. No. 7-81, § 1, 7-23-81) yState law references-Municipal home ivle powers, State law reference-Delinquency penalties, F.S. F.S. § 366.021; local occupational license tax act, ES_ Ch. 245. § 205.053_ Supp. No. 25 1054.1 § I7-21 NORTH PALM BEACH CODE , Sec. 17.21. How tax construed as to speci- fied professions. The tax provided in section 17-33 for archi- tects, auctioneers, auditors ar accountants, den- tists, draftsmen, civil engineers, lawyers, osteo- paths, chiropractors, chiropodists, phrenologists, physicians or surgeons, real estate salesmen, or other similar professions, shall be construed to mean that each individual shall pay the tax herein provided, whether practicing by himself or in partnership or employed by another. (Ord. No. 7-81, § 1, 7-23-81) Sec. I7-22. Special permit for nonprofit en- terprise. The licensing officer shall issue special per- mits, without payment of any license fees or other charges therefor, to any person or organization for the conduct or operation of a nonprofit enterprise, either regularly or temporarily, when he finds that the applicant operates without private profit, for a public, charitable, educational, literary, fra- ternal or religious purpose. (1} Application for special permit. An appli- cant for a special permit shall submit an application therefor to the licensing of- ficer, upon forms prescribed by the officer, and shall furnish such additional informa- tion and make such affidavits as the li- censing officer shall require. (2} Special permittees must conform. Aper- son operating under a special permit shall operate his nonprofit enterprise in cone- pliance with this section and all other rules and regulations. (Ord. No. 7-81, § 1, 7-23-81) State law reference-Exemption for charitable, etc., activities, F.S. § 205.192. E Supp. No. 25 1054.2 APPENI7IX A-APPEARANCE PLAN § II INTRODUCTION The Appearance Ordinance, and applicable see- tions of the Appearance Plan, will be adminis- What we see daily in our community, consciously tered through the Office of the North Palm Beach and unconsciously, influences our lives. Director of Public Services, with the Appearance Good community appearance is the product of Board acting upon matters relating to appearance orderly and harmonious relationships established as authorized by the Appearance Codo. between man-made objects and nature. Apleas- SECTION II STATEMENT OF POLICY iz~g and attractive scene results from skillful combinations and interrelations of these elements ~ function in a manner most appropriate to its of contrasts and similarities. responsibility, amunicipal board should act in the Appearance has a direct bearing on the economic public interest and welfare as a servant of the value of property. When the appearance of public people, and operate consistently within its juris- areas, business establishments, and the residen- diction. It should be completely fair and objective tial community is good, shoppers, businessmen, mall public matters, impartial and understand- andhome owners are aIl attracted to the comma- mgr and above and beyond reproach. If it can also pity be a source of inspiration, oncouragement, and leadership, it fulfills the public trust. Poor appearance, congestion, and lack of proper maintenance bring about blight, decay, decreased Consequently the POLICY of the Appearance property values, and loss of revenues. Board is to: New building programs, along with improvement Operate in all matters brought before it, in an and preservation of the existing, are necessary in objective and understanding manner, free from order to maintain good community appearance. discrimination and selfish interests, and abovo Expanded building programs and land develop- and beyond reproach. ments have greatly reduced open spaces in our Work toward the esthetic growth of the com- towns-an awareness of the importance of good munity and against deterioration of its visual design and land use has resulted. Government character, harmony, and beauty. bodies and private agencies are seoking ways to revitalize our cities and towns. The recognition of Encourage and inspire both public and private this need to protect the distinctive character of participation in the enhancement of commu- our communities and their beauty has elicited nity appearance and provide the necessary sympathetic judicial decisions in matters involy- leadership. ing osthetics. Act as counselor, guide, and consultant on SECTION I BASIS FOR THE APPEARANCE matters of appearance to those who desire to PLAN develop, redevelop, maintain, or improve prop- The North Palm Beach Village Council adapted ernes which are under the jurisdiction of the an Appearance Code, Ordinance Number 4-7I, on Board. May 27, 1971. This Ordinance provided for the Participate in matters regarding appearance appointment of an Appearance Board which would with other governmental, municipal, civic or concern itself with and act in matters affecting private bodies, and enhance communication, the physical appearance of designated areas. understanding, and appreciation between them and the Appearance Board. The Board was empowered to develop an Appear- ance Plan to serve as standards or guidelines for OBJECTIVES are the fostering of: physical developments in the Village. The Plan as amended, following public hearings, was adopted Greater interest in the development and rede- by the North Palm Beach Village Council, by velapment of business, multi-faxraily, and public Ordinance Number 3-72, dated 10 Feb. 1972. areas with an emphasis on appearance as it Sapp. No. 25 2045 § II NORTH PALM BEACH CODE - relates to each specific project, its surround- FUTURE ZONING CLASSIFICATIONS AS DE- ings, and the community, by giving encourage- TERMINED BY VILLAGE ORDINANCE ment, guidance, and direction. These areas include both privately and publicly awned properties. Elemonts within these areas Better maintenance of properties through en- include: couragement of preservation, upkeep, protec- tion, and care. Improved and unimproved land, including open spaces, streets and parkways, playgrounds, gardens, malls, waterways, yards, nights-of- Modifications or additions to existing ordi- way, and other elements. nances as they pertain to improving commu- nity appearance. External architectural features of buildings and structures of all types, existing and future, visible to the eye, and above grade. Greater public interest and enthusiasm in over- all community beauty, appearance, cleanliness, Landscaping, Land topography and plant life, and order, natural and man-made. Walks, drives, parking areas, and plazas. SECTION III AREAS OF JiTRISDICTION Exterior fux-niture, hardware, signs and mark- ers, posts and fences, barriers, lights and light- AREAS AND ELEMENTS UNDER JURISDIC- ing, supplementary structures and appurte- TION nances. AREAS OF PARTICULAR, NOTE AND THEIR The jurisdictional areas of the Appearance Board ADDED REQUIREMENTS are all areas within the Village of North. Palm The following is a list of natural and man-made ~ Beach that are zoned: areas and thoroughfaros of particular note with their descriptions and added requirements. RI SINGLE-FAMILY DWELLING DIS- TRICT-Applies to all usages except OCEAN BEACH AND STATE ROAD 703 single family and their normal acces- The existence of the ocean on our east imparts sory buildings more directional and esthetic influence than R2 MULTIPLE-FAMILYDWELLINGDIS- any other natural attribute. We should main- TRICT taro an awareness of it in the development of R3 APARTMENT DWELLING DISTRICT the community. It is felt that it is essential to CA COMMERCIAL DISTRICT maintain and devolop physical and visual con- CIA LIMITED COMMERCIAL DISTRICT tact with. it through vistas, overlooks, adjacent CB COMMERCIAL DISTRICT roads and access parts. The ridge between C1 NEIGHBORHOOD COMMERCIAL State Road 703 and the beach should be pre- DISTRICT served as it provides a natural barrier between C2 AUTOMOTIVE COMMERCIAL DIS- traffic and the beach, and defines the beach as TRICT an entity in itself. State Road 703 is a north- C3 REGIONAL BUSINESS DISTRICT south highway between the Intracoastal Water- P PUBLIC DISTRICT way and the ocean traversing the length of C-OS CONSERVATION AND OPEN SPACE North Palm Beach. It is the only man-made CC TRANSITIONAL, COMMERCIAL DIS- artery where the true character of the coastal TRICT community can be experienced in its fullness. NBOZ NORTHLAKE BOULEVARD OVER- Its variance in elevation allows unparalleled LAY ZONING DISTRICT. views of the ocean and of the sloping terrain to (Ord. No. 19-95, § 1, 7-13-95; Ord. No. 06-2003, the Intracoastal Waterway. The natural topog- § 1, 2-27-03; Oxd. No. 11-2003, § 1, 4-10-03) raphy of the slope as well as the ocean ridge Supp. No. 25 2446 APPENDIX A-APPEARANCE PI.A~T § III must be preserved. The natural landscape ad- jacent to this artery is all but destroyed in other Sauth Florida communities. This land- scape must be fully considered and preserved to the greatest extent in development, and because openness both to the east and west must be maintained, buildings shall be de- signed and sites planned in such a manner as to allow maximum visual contact Supp. No. 25 2U46.1 l APPENDIX ZONING § 45-33 perity Farms Road right-of--way to pro- as an accessary use to an automotive vide a front yard of not less than thirty service station or retail automobilo tire (30) feet. All buildings shall be set back store. from the right-of--way of streets which 3 Transient commercial uses serving either intersect with Alternate A-I-A or Prosper- the motoring public or village residents ity Farms Road providing a yard of not including hotels and motels, conference less than twenty-five (25} feet. and retreat facilities, filling stations and 2. Side yards. All buildings shall be set back restaurants, excluding those with adrive- from side lot lines so as to provide side through. yards of not less than fifteen (15) feet. 4. Personal service establishments, includ- 3. Rear yards. Ail buildings shall be set back ing, but not limited to, banks, barher- from rear lot lines so as to provide a rear shops, bowling alleys, beauty salons, med- yard of not less than fifteen (I5) feet. ical and dental clinics, professional and other offices, funeral homos, shoe ropair G. Off-street parking regulations. Off-street shops, laundry pickup stations and self- parking shall be provided the same as for the CA service laundries, fiirniture display stores commercial district. and drugstores. H. Off-street parking layout, construction and 5• Mobile home park. maintenance shall be the same as for the CA fi. Adult entertainment establishments. commercial district. -(Ord. No. 31-97, § 1(Exhibit A}, 7-10-97; Ord. No. 7• Religious worship or relatod religious ac- 23-99, § 1, 6-10-99; Ord. No. 15-2000, § 1, 5-25-00) tivities. 8. Limited access solf storage facilities are Sec. 45-38. C-X neighborhood commercial defined as a fully enclosed structure for district. indoor storage with a minimal amount of access points from the exterior of the General description. This neighborhood com- building. These exterior access points pro- mercial district is established to provide that the vide access to interior hallways that di- principal use of land is devoted to neighborhood rectly serve individual storage units rented and transient uses and to encourage the develop- to the public. No direct access from the went of these locations for such uses and in such exterior of the building to an individual manner as to minimize congestion and interfer- storage unit is permitted. ence with other land uses. B. Building height regulations. For buildings A. Uses permitted. Within any C-1 neighbor- in excess of two (2} stories or thirty (30) feet in hood commercial district, no building, structure, height, five (5) feet shall be added to the required land or water shall be used, except for one (1} or front-yard setback for each story in excess of two more of the following uses: {2) or in excess of thirty (30) feet in height. No structures however, shall occupy more than thirty- 1, Auy use permitted in the C-lA limited five (35} percent of the site area so required. commercial district. C. Building and floor area regulations. An 2. Any retail business or commercial use individual retail business or commercial use shall including neighborhood commercial use not exceed fifty thousand {50,000) square feet of that meets the daily living needs of vil- floor area on the first floor; this provision shall loge residents and which does not involve not apply to grocery stores, food stores ox facilities the manufacturing or processing of prod- for use for religious worship or related religious acts; provided, however, automobile re- uses including retreats, conferences, school or pair shops are not a permitted use except other educational uses, convent, rectory or other Sapp. No. 25 2501 § 45-33 NORTH PALM BEACH CODE living facilities, administration or similar facili- the opposite bulkhead line, ties owed or operated by religious groups or Intracoastal Waterway line or exist- religiaus-related activities. ing bulkhoad, whichever is closest. All other space regulations shall apply to D. Yard space regulations. There shall be a such buildings. front yard of not Iess than fifty {50) feet measured from the street line tv the front building line, E. Off-street parking regulations. except along both sides of U.S. 1, no setback loss 1. Same as for the C-1A limited commercial than one hundred (100) feet in depth measured district for churches, motels, hotels, time- from the front building line shall be provided. share units and restaurants. For a distance of one {1) black an streets 2. For general business, commercial or per- intersecting U.S. 1, measured from the right-of- sonal service establishments, ane (1}space way line of said U.S. 1, side yards of at least for each two hundred (200) square feet of twenty-five {25) feet in depth shall be provided. nonstorage first floor area, plus one (1} space for each two hundred (200) square {a) Fox single-family and for multiple-family feet of nonstorage area above the first residential structures, there shall be rear floor. yard and side yard setbacks the same as 3, Medical or dental offices or clinics, one (1) set Earth in the R-1 and R-3 zoning dis- space for each one hundred fifty {150) tricts, respectively, except as modified be- square feet of floor area, up to three low: thousand (3,000) square feet; one (1) ad- (i} On corner lots intersecting U.S. High- ditional space for each additional two hun- way No. 1 where the front of the fired (200) square feet of floor area up to building is on the intersecting street five thousand (5,000} square feet; one (1} and the side yard of the building is additional space for each additional two on U.S. Highway No. 1, the mini- hundred fifty {250) square feet of floor mum side yard setback on U.S. High- space in excess of five thousand (5,000) way No. 1 shall be one hundred (100) square feet. feet measured from the street line to 4. Offices, one (1) space for each three hun- the side building line, and only for fired (300} square feet of floor area used structures in excess of twenty (20} far o#ficv purposes. stories in height shall five (5) feet be added to the required side yard for 5. Schools and public buildings, ane (1) space each story added to the building in for each four {4} seats in the main audito- excess of twenty {20). rium or place of assembly. {ii) On lots bordering the established 6. Theaters, auditoriums, one {1) space for bulkhead line, the Intracoastal Wa- each four (4) seats. terway line or any existing bulk- 7. No parking shall be permitted in the first head, the maximum required rear ten (10) feet of the required front yard yard and side yard setbacks shall be depth, measured from the front property twenty (20) feet from the established lino, The restriction against parking in bulkhead line, Intracoastal Water- the first ten (10) feet of the required fi•ont way lion e or vx.isting bulkhead, which- yard depth measured from the front prop- ever is closest in distance to the erty Iine shall not apply to those proper- building line; provided, however, that ties which have complied in full with the said bulkhead line, Intracoastal Wa- landscaping provisions of chapter 41-16 terway line or existing bulkhead is through 41-25 [chapter 27, article III], at least five hundred (500) feet from both inclusive. Supp. No. 25 2502 APPENDIX C-ZONING § 45-34 8. Furniture display stores, one {1} space for ii) All buildings must be a maximum of each four hundred (400) square feet of two (2) stories with architectural sales area. treatment to reflect the actual num- 9. Retail business with floor area in excess ber of stories. of fifty thousand (50,000) square feet, one iii) No blank walls shall be permitted. {1} space for each two hundred and fifty iv) A mix of uses must be provided that {250) square feet ofnon-storage floor area. includes a minimum of ten (10) per- 10. Limited access self storage facilities, one cent Grass F1oorArea (GFA) retail or (1) space for each two hundred (200} stor- professional office (excluding the on- age units plus five {5) customer parking site management office for the self- spaces. storage facility). v} A minimum of one thousand (1,000) F. Floor area regulations. feet separation from property line to 1. [Reserued.] the closest adjacent property line shall be required between limited 2. In time-share structures, each dwelling access self-storage facilities. unit having one (1) bedroom shall have a {Ord. No. 20-72, § 1; Ord. No. 4-73; Ord. No. minimum floor area of seven hundred 10-73, 8, 9, 9-13-73; Ord. No. 22-82, 8, 9, fifty (750) square feet. An additional one 12-9-82; Ord. No. 9-87, § 2, 5-28-$7; Ord. No. hundred fifty {150) square feet of floor 23-90, § 4, 6-28-90; Ord. No. 7-94, § Y, 4-14-94; area shall be required for each additional Ord. No. 1-95, § 1, 1-12-95; Ord. No. 24-95, § 1, bedroom provided. 7-17-95; Ord. No. 48-96, § 1, 12-12-96; Ord. No. G. Conditions for permitted uses: 1-98, 1-7, 1-8-98; Ord. No. 27-99, § 6, 8-12-99; Ord. No. 26-2002, 1---3, 9-26-02} 1. A car wash and car waxing business whether in conjunction with a filling sta- Sec. 45-34. Autonnotive commercial district tion or as an independent enterprise shall be aIlowed to utilize an awning structure A. Uses permitted. Within any C-2 automotive or structure which shall be located in the commercial district, no building structure, land or rear yard with a minimuxnE five-foot set- water shall be used, except for one or more of the back and within the building side lines following uses: extended. 1. Any use permitted in the C-1A limited 2. AlI activities, sales and storage of goads commercial district. must be conducted entirely within com- 2. Any retail business or commercial use pletely enclosed buildings with perma- which does nat involve the manufacturing neat nonmoving outside walls, or processing of products. 3. No outside sidewalk or parking lot stor- 3. Personal service establishments, includ- age or display of merchandise will be ing, but not limited to, banks, barber- permitted. shops, bowling alleys, beauty salons, med- 4. Limited access self-storage facilities shaIl ical and dental clinics, professional and only be allowed on properties within coin- other ofFces, funeral homes, filling sta- mercial planned unit developments and "Editor's note--Ord. No. 30-97, adopted J,>ty 10, 1997, accompanied by the following condltlOns: repealed former 45-34, relative to C-2 general commercial i) All exterior service doors must b8 district, while Ord. No. 32-97, adopted Ju]y 10, 1997, re- enacted said section to read as herein set out. The provisions not visible from any public street or of farmer § 45-34 derived from Ord. No. 15-72, § I, and Ord. adjacent property. No, 25-95, § 1, adopted July 17, 1995. Supp. No. 25 2503 § 45-34 NORTH PALM BEACH CODE tions, shoe repair shops, laundry pickup 2. Locational and physical restrictions: stations and self service laundries, furni- a Re air facilities and aint and bad O p p Y tore dis la stores and dru stores. p Y g shops shall be located at least one 4. Full service automotive dealerships and hundred (100) feet from any rosiden- accessory uses including paint and body Bally-zoned lot. Service bay doors shops, repair shops and garages, limou- shall not be oriented toward any sine service and towing service. adjacent residentially-zoned prop- erty nor oriented toward any adja- 5. Retail and wholesale sales of new vehicu- cent public street. lax parts, equipment and accessories with- (b) Accessory fuel pump islands and au- out on-site installation. tomated wash facilities for vehicles 6. Automobile service shops such as full ser- shall not be located within one hun- dred (100) feet of any residentially- vice vehicle repair shops, muffler shops, zoned property. Wash facilities shall fire shops, lubrication and oil chango, be located within a completely en- window tinting, wash and detailing, etc. closed building. Fuel pump islands 7. Automobile, truck and trailer rental busi- shall be located within an enclosed ness. area so that they are not visible off premises. 8. Adult entertainment establishment. (c} The sale, lease or rental of automo- biles, trucks, motorcycles, and recre- B. Development standards. Every commercial ational vehicles is allowed only on use locatod within tho C-2 automotivo commercial lots which meet the following mini- district shall be so developed as to comply with mum dimensions and area: \ the following performance standards: \ {1) Minimum frontage of 125' 1. Outside display: Outside display areas for (2) Minimum width of 125' sale lease or rental of vehicles shall be designed as follows: (3) Minimum depth of 200' (4} Minimum area of 1.5 acres (a} Vehicles may be stored on an ap- proved parking surface without ref- C. Use and operating restrictions. Every cozn- erence to parking stalls, stall strip- mercial use located within the C-2 automotive ing or wheel stops. This type of commercial district shall be so operated as to parking shall be allowed only pursu- comply with the following performance stan- ant to a site plan review and ap- dards: proval subject to Article III of Chap- 1. No industrial equipment or vehicles shall ter 6 of the Village Code of be sold, leased, rented or otherwise stored Ordinances. within the C-2 district. For purposes herein, (b) Intez-ior landscaping requirements industrial equipment is defined as equip- ment used primarily for purposes other within outside display areas pursu- than transportation ar hauIing. Trucks ant to Article III of Chapter 27 of the other than pickup trucks, vans and jeeps Village Code of Ordinances shall be shall be displayed in areas separated from met by transferring the requi~°ed land- scaping to the perimeter of the site a public right-of--way by a building. abutting public right-of--ways. The 2. No vehicle shall be parked for display transferred landscaped areas shall purposes with its hood ar trunk open, nor be designed and located so as to elevated off the ground in any way. Vehi- mitigate and buffer the impact of the cles shaIl not be parked in any right-of aggregated vehicle storage area. way or driveway. Supp. No. 25 2504 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.a1 27-31 App. B, Art. II, 1.01 et seq. 1-2 § 36-8 ch. 22F App. B, Ai~t, TI, App. B, Art. II, § 36-1D § 36-15 ch. 39 App. C, § 45-2 App. B, Art. 1V, Ch. 50 2-181 § 36-27 50.041 2-181 ch. 185 2-167 50.051 2-181 185.08 26-16 55.03 29-5{a) 202.195 29-5(m) ch. 98 Ch. 10 203,412 26-51, 29-3 ch. 101 10-7 29-5(b) 112.181 2-161(e)(8) 203.012(5)(b) 26-51 161.55(1}{d} 6-156 ch. 205 Ch. 17, Art. II 161.041 6-153 205.043(2), 161,053 6-154 245.043(3) 17-24, 17-25 162.12(2) 2-184 205.053 17-20 ch. 163 12.5-1 205.192 17-22 21-1 210.03 17-33 2i-11 ch, 212 26-53 21-43, 21-44 ch. 252 Ch. 8 App. B, Art. I, 8-4(a)(2} § 36-2, App. B, Art- 252.38 et seq. 8-6 I, § 36-4 253.125 7-19 App. B, Art, II, 280.02 2-4(f) § 3fi-16 316.008 Ch. 18 App, B, Art. VI 316.272 19-117 163A1 2-4{{} 316.293 19-117 163,161 et seq. 2I-O1 316.1955, 316.1956 18-37 ch. 1&3.174, App. B, Art. Il, 320.01(1) 14-37 §163.3164{17) § 36-10 ch. 327 Ch. 5 163.225(3}(a)--(c) 5-86 335.065 App. B, Art. IV, 163295 6-150 § 36-29.1 163.3161 et seq. Ch. 2I, Art. II 337.29 29-2 163.3177 21-44 337.401 29-2, 29-3 163.3178 6-155 29-5(a), (e} 21-44 29-6(a) ch. 166 6-16 337.401(3) 28-3 Ch. 24 337.403, 337.404 29-7 Ord. No. 247$ § 3 342.03 Ch. 5 166.021 Ch. 17, ?.rt. II 362,01 29-2 166.221 17-34 364.02 29-3 166.231 Ch. 26, Art, III ch. 373 19-200 ch. 170 21-2 ch. 380 21-44 170.01 Ch. 24 App. B, Art. II, ch. 175 2-167 § 36-10 175-101 25-17 380.D4 21-103 ch. 177 App. B, Art. I, 393 App. C, § 45-2 § 36-2 ch. 394 App. C, § 45-2 Supp. No. 25 28~g NORTH PALM $EACH CODE Section 9eetion this Code ch. 400 App, C, § 45-2 ch. 401 11.5-21 ch. 402 App. C, § 45-2 App. C, § 45-34.1 402.302(4}, 402,302(5) 17-33 413.08 4-27(d) ch. 419 17-33 App. C, § 45-2 471.003 29-8(c)(1) ch, 472 App. B, Art. I, § 3s-s ch. 480 App. C, § 45-2 ch, 495 1-10 ch. 553 6-16 553.73 6-154 11-11 563.73(2) 6-2 561.01 3-1 561,01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 r 633.025 12-16 f\ 633.0215 12-16 ch. 650 Ch. 2, Art. V, Div. 2 2-136 650.02 2-136 658.12 2-4(q) ch. 760 App. C, § 45-2 768.28 29-12(d) 775.082, 775.083 2-169(f} ch. 847 App. C, § 45-20 870.041 8-21 870.44 8-22 874.45 8-22 872.05 2-104 943.14 2-159 943.25(13) 1-9 Supp. Na. 25 2820 [The nest page is 2869] CODE COMPARATFVE TABLE Adoption Section Ord. No. Date Section this Code 33-99 10-28-99 1 18-35(8) 04-2000 2-10-00 1, 2 2-172, 2-175 3 2-176{d) 4, 5 2-i78, 2-181 D5-2000 2-10-DO 1 11-11 06-2000 2-24-OD 1 Added 3-4 10-2000 4-13.00 1 5-82 2 5-85(12) 12-2DOD 4-27-00 1 6-113{B)(28) i3-2000 5-11-00 1 Added 2-158.1 15-2000 5-25-00 1 App. C, 45-32.1F. 20-2D40 8-10-00 1, 2 2-161(e}(4), {8} 3 2-162(1) 4 2-169(fl 22-200D 8-24-00 1 6-115(C)(1)b. 24-2000 9-28-DO 1 26-29 25-2000 9-28-00 1 26-51 26-2000 9-28-OD 1 28-3(6) 27-2000 9-28-00 1 17-33 29-2000 9-28-00 1 14-3D{2) 34-2000 10-12-00 1 App. 17 32-2000 10-12-00 i 6-114(e)(3) 34-2000 11- 9-00 1, 2 19-99, 19-113 3~ 19-116-19-118 35-2000 11- 9-04 1 1-8(a) 36-2000 12-1A-00 1 19-210(d) 01-2601 2- 8-01 1-16 28-3(6} Added 29-1 29-16 03-2001 2- 8-Ol 1 45-32A.7.a, 2 45-32G. 04-2001 2- 8-01 1 5-81 05-2001 3- 8-01 1 45-2 06-2001 3-22-01 1 7-19 2 21-1{c) 3 21-2(c} 4 36-10(c} 5 36-12(2) 6 36-38.1(6) 7 45-49(i) 8 45-5D(1) 08-2001 4-12-01 1 2-161(g} 2 2-166(1}c.2. D9-2001 4-12-01 1 5-84(63 11-2001 4-26-01 1 2-178(d) 2 2-179 12-2001 5-10-01 1 9-17(a} 13-2001 5-10-OL 1 19-211 15-20D1 6-28-01 1, 2 2-4 16-2001 6-2$-Ol 1 Ch. 8 (title) 2, 3 R,pld 8-16 Added 8-1-8-6, $-21, 8-22 18-2001 6-28-01 1 2-1(c) 2 9-18 3 16-24 4 2D-63 Supp. No. 25 2gg~ NORTH PALM BEACH CODE Adoptioa Section Ord. No. Date Section this Code 5 2I-lI(c) 22-2001 8- 9-01 1 2-135 23-2041 8- 9-01 1 2-2{a} 24-2001 8- 9-01 1, 2 2-85(3) 25-2001 8-23-D1 i 6-112(F) 26-2001 8-23-01 1 45-2 27-2001 9-i3-01 2 15-1 3 15-2 30-2001 10-I1-O1 1 Rpld 2-51 2 2-40(b) 3 2-42 4 2-59 31-2001 IO-25-OI 1 6-110 2 6-1I5(B)(5) 02-2002 2-14-D2 1 App. C, 45-20(4) 03-2002 2-14-02 1 App. C, 45-36N.(I) 2 App. C, 45-36L. D5-20D2 2-28-D2 1 6-I6 2 6-17 3 Rpld 6-2 4 Rpld S-3 5 Rpld 11-i1 6 Rpld 12-16, I2-17 7 Rpld 25-1-25-11 25-23, 25-24 25-36-25-38 06-2002 2-28-02 1 Added 2-1(d) 2 2-154 3 2-164(d) D8-24fl2 3-28-D2 1 27-17 2 27-18 3 Added 27-20 10-2042 4-25-02 1 6-I14(D) 12-2002 5- 9-02 1 Added 12-16 2 Rpld 12-17 13-2002 5- 9-02 1 6-17{Hist. note) 14-2002 5- 9-D2 1 Added 5-25 15-2002 4- 9-02 i Added 19-1D 2D-2D02 6-13-02 1 9-19 22-2002 7-11-02 1 Added 25-1--25-7 23-20D2 7-11-02 1 2-173 24-2002 9-12-D2 1 17-I 26-2002 9-26-02 1 App, C, § 45-33A. 2 App. C, § 45-33E. 3 App. C, § 45-33G. 29-2002 IO-10-02 1 I4-30(2} 30-2002 12-12-02 1 Added 1-1D 2-2003 1-23-D3 1 Added 2-165 06-2003 2-27-D3 1 App. A, § III(Hist. note) 08-2D03 3-27-03 1 2-177 2 Added 2-182 49-20D3 4-10-03 1 6-114(D) 71-2D03 4-10-03 1 App. A, § HI [The next page is 2933] Supp. Na. 25 2885 CHARTER INDEX Section Section A ELECTIONS (Cont'dJ AGREEMENTS. See: CONTRACTS Qualifications and elections AND AGREEMENTS Form of ba]lots V 3 General and zvnoff election V 4 Nonpartisan elections........... V $ Quali$cations V 2 BOUNDARIES Recall . . . . V 6 Territorial boundaries of village de- Unopposed candidates V 5 sczZbed II 1 Village council members; election and terms III 2 C EMPLOYEES. See: OFFICERS AND CHARTER EMPLOYEES Continuation of former charter pre- visions VI 1 F Miscellaneous provisions VI 5 Obsolete schedule items, deletion of VI D FINANCES Ordinances preserved VI 2 Sale of property; referendum re- Pending matters VI 4 quired III 11 Rights of officers and employees VI 3 Village council members; campensa- Transition schedule . . VI 1 et seq. tion and expenses............ III 4 CLERK. See: VILLAGE CLERK VilEage manager, powers and duties re N 5 CONTRACTS AND AGREEMENTS Charter transition schedule provi- sions re pending mattez's VI 4 G Village clerk, powers and duties re . N 7 Village manager, powers and duties GENDER re N 5(i) Masculine and feminine words..... VI 7 Village services, contracting for Referendum required III 12 I CORPORATE NAIVIE Established I INITIATIVE AND REFERENDUM Actions on petition III 1D(f) COUNCIL. See: VILLAGE COUNCIL Commencement of proceedings, III 10(b) COUNTRY CLUB ADMINISTRATOR Filing, procedure for ITT 10(d) Designated IV 6 Generally III i0(a) Petitions III 1D(c) g Referendum petitions; suspension of effect of ordinance III 1D(e) DEPARTMENTSAND DTIdERAGEN- Results of election . III 10(x) CIES OF VILLAGE Sale of property; referendum re- Vzllage council III 1 et seq. Village manager, powers and duties quired . III 11 re N 5(b) DOCUMENTS AND PUBLIC M RECORDS MANAGER. See: VILLAGE M 9NAGER Turnover of documents , , , III 7 Village clerk, duties re , IV 7 MAYOR Designation, powers, etc......... , . III 3 E ELECTIONS N1 UNICIPALITY. See: VILLAGE Village services, contracting for Referendum required III 12 lv Initiative and referendum , III 10 See also: INITIATIVE AND REF- NORTH PALM BEACH, VILLAGE OF. ERENDUM Seo: VILLAGE Supp, No. 25 2933 NORTH PALM BEACH CHARTER Section Section D VILLAGE COUNCIL. (Cont'd.) I Vacancies OFFICERS AND EMPLOYEES Extraordinary vacancies III 5(d) Charter transition schedule provi- Filling of vacancies III 5(c) sions re rights of officers and k'orfeitare of office III 5(b) empIoyees VI 3 Generally.............,........ III 5(a) Council-appointed officials......... III 8 Gauntry club administrator....... , IV 6 VILLAGE MANAGER Documents, turnover of III 7 Acting village manager....... , 1V 4 Mayor III 3 Appointment 1V 2(a) Prohibitions Compensation N 2(c) Appointment and removals...... III 6(a) Designation IV 1 Holding other office . . . III 6(c) Powers and duties IV 5 Interference with administration III 6(b) Removal , IV 2(b} Village clerk IV 7 Vacancy in office.................. IV 3 Village neanager 1V 1 et seq. VISION STATEMENT . LA P PETITIONS. See: lIVITIATIVE AND REFERENDUM PROPERTY Sale of property; referendum re- quired III 11 R RECORDS. See: DOCUMENTS AND PUBLIC RECORDS REFERENDUM. See: INITIATIVEAND REFERENDUM V VILLAGE Corporate name I 'Territorial boundaries described.... II 1 VILLAGE CLERK Appointment; removal; compensa- tion N 8 Established N 7 Powers and duties . IV 10 Vacancy in office N 9 VILLAGE COUNCIL Compensation and expenses III 4 Council-apponted olI'icials......... III $ Election and terms III 2 Mayor III 3 Powers and composition , III 1 Procedure Meetings III 9(a) Rules andjournaI III 9(b) Voting III 9(c) Prohibitions IH 6 See also: OFFICERS AND EM- PLOYEES Services, contracting far Referendum required........... III 12 Supp. No, 25 2934 CODE INDEX Section Section BUSINESS REGULATIONS (Cont'd.) CLUBS Refund of fee . 17-34,9 Country club 9-1 of seq. Registration required . . 17-34.1 See: COUNTRY CLUB Renewal 17-34.4 Suspension or revocation of certificate . 17-34.9 COASTAL CONSTRUCTION CODE When due and payable 17-34.3 Coasts] construction requirements Garago and other sales 17-61 et seq. Location of construction............... 6-155(4} See: GARAGE AND OTI3ER SALES Major structures, structural require- Home occupations . 17-2(a) et seq. See: HOME OCCUPATIONS menu for 6-155(1} OccupationalIicenses 17-1B et seq. Minor structures, structural require- See: LICENSES AND PERMIT menu for 6-155(3) Wellfield protection Nonhabitable major structures, struc- Regulation of business activities with torsi requirements for........... 6-I55(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 fi-151 CAMPING Recreational, boating and camping equip- CODE ENFORCEMENT BOARD ment; parking an residential property Actions far money judgments restricted 18-35 Limitation..,.,................,..... 2-182 CANALS Alarm regulations, enforcement re 19-217 Construction requirements 5-56 et seq. Applicability............................ 2-173 See: BOATS, DOCKS AND WATER- Declaration of legislative intent 2-171 WAYS Definitions 2-172 Enforcement procedure 2-175 CATS Fines; liens Regulations enumerated 4-24 et seq. Appeals_.............._.._........... 2-180 See: ANIMALS AND FOWL Copies of orders imposing fines . , , . 2-178(d) CERTIFICATES Determination of amount of fine....... 2-178(b) Appearance code; certificate o£appropriate- Duration of lien 2-179 6-56 et seq. Generally 2-178(a) ness See: BUILDINGS Natives 2-181 Boats, docks and waterways; unlawfully Reduction of fine 2-178(c) anchoxed or moored vessels Hearing, conduct of 2-17fi Unclaimed vessel to be sold; ceitifica- Organization tion of sale . . . 5-21 Attorney............................. 2-174(c) Businesses located outside village limits, Ofl`icers; quorum, compensation 2-174(b) certificate of business regulations re. 17-34 et seq. Qualifications and term 2-174(a) See: BUSINESS REGULATIONS Powers 2-177 Emergency medical services 11.5-21 Historic site overlay distinct; cer4ificate o£ CODE OF ORDINANCES appropriateness 45-37(H) Altering Code........................... 1-7 C1VIL DISORDERS AND DISTURBANCES. Amendments 1-6 See: EMERGENCY MANAGEMENT Catchlines 1-3 CLERK *Note-The adoption, amendment, repeal, omissions, effec- Department of records, provisions re vii- tive date, explanation of numbering system and other matters ]ago clork and doputy village clerk 2-67 et seq. pertaining to the use, construction and interpretation of this See: DOCUMENTS AND PUBLIC Code are contained in the adopting ordinance and preface RECORDS which are to be found in the preliminary pages of this volume. Supp. No. 25 2939 NORTH PALM BEACH CODE Section Section CODE OF ORDINANCES (Cont'd.) COUNTRY CLUB (Cont'dJ Court cost Signs 9-2 Assessment of additional court costs for Violations and penalties 9-2 criminal justice education expendi- turea 1-9 COUNTY Definitions and rules of construction . , 1-2 Definitions and rules of construction 1-2 Designated and cited I-1 COURTS References to chapters or sections........ 1-3 Repeal of ordinances, effect of............ 1-4 Court cost 1 5 Assessment of additional court costs for Severability of parts criminal justice education expendi- Village clerk, duties re recording ordi- nances 2-67(3) tares 1-9 Village logo 1-10 Violations and penalty 1-$ D COIN-OPERATED AMUSEMENTS DECALS Proximity to schools restricted 19-4 Combat Auto Theft (CAT) 18-19 COMBAT AUTO THEFT (CAT} DEPARTMENTS AND OTHER AGENCIES Establishment, regulations 18-19 OF VILLAGE COMMITTEES, COMMISSIONS. See: DE- Administrative code . . 2-39 et seq. PARTMENTSAND OTHERAGENCIES See; ADMINISTRATIVE CODE OF VILLAGE Appearance board. See: APPEARANCE FLAN (Appendix A} COMMUNICATIONS Code enforcement board 2-171 et seq. Telecommunications Committees and boards generally; resi- Generally 29-1 et seq. dency requirements................ 2-1 See: TELECOMMUNICATIONS Country club advisory board 9-16 et seq. Service tax 2B-51 et seq, See: COUNTRY CLUB See: TAXATION Finance, department of 2-59 COMPUTATION OF TIME See: FINANCES Definitions and rules of construction 1-2 Fire and police retirement board of trust- ees 2-164 et seq. CONCURRENCY MANAGEMENT See: PENSIONS AND RETIREMENT Provisions enumerated 21-41 et seq. Fire division................... 12-29 et seq. See:PLANNINGANDDEVELOPMENT See: FHi,E PREVENTION AND PRO- COUNCIL. See: VILLAGE COUNCIL TECTION General employees retirement board 2-151 et seq. COUNTRY CLUB See: PENSIONS AND RETIREMENT Advisory board Library hoard 16-16 et seq. Cvmpensataon 9-19 Library, department of.................. 2-93 Composition . . . 9-17(a} Meetings of boards and commissions; ad- Created 9-16 jvurnment of 2-3 Duties Meetings of specific boards, otc. Soe ape- Administrator . 9-21(b) cifie subjects Budget 9-2I(d) Planning and development board of adjust- Management and administration.... 9-2I(a) ment 21-21 Village employees 9-21(c) Planning commission.................... 21-11, 21-12 Meetings 9-20 Public safety, department of , 2-75, 2-76 Officers' quorum 9-19 See: PUBLIC SAFETY DEPARTMENT Removal 9-18 Public services, department of 2-84, 2-85 Terms 9-17(b) See: PUBLIC SERVICES DEPART- Vacancies 9-17(c) MENT Finances Records, department of 2-67 et seq. Delinquent accounts; penalties 9-32 See: DOCUMENT AND PUBLIC Premises RECORDS Disfiguration and/or removal of building Recreation department 2-110 or other property 9-1(1) Recreation advisory board..,.......... 20-61 of seq, Enforcement 9-2 See: PARKS, PLAYGROUNDS ANA Ilonrs . . . 9-1(2) RECREATION Sapp. No. 25 2940 ~oD1i;1ND~x Section Section DEPARTMENTS AND OTHER AGENCIES OF VILLAGE (Cant'd,) Reserve police force 23-42 et seq. See: POLICE Village council 2-16 et seq. DEVELOPMENTS. See: PI.ANNIlVGAND DE- VELOPMENT Snpp. No. 25 2940.1 l CODE INDEX Section Section INVESTMENTS LANDSCAPING (Cant`d.) Investment policy of the village 2-4 Definitions 27-31 Improved nonresidential properties in ex- J istence on September 23, 1971 JOINT AUTHORITX Applicable requiremeuts 27-40(b) Egceptions 27-40(c) Definitions and rules of construction 1-2 Objectives 27-40(a) Plannirsg commission, submission of plans Abandoned,inogerative and junked prop- to 27-40(d) Objectives 27-32 erty 14-37 et seq. See: GARBAGE AND TRASH Off-street parking landscape manual 27-38 Plot use plan approval prerequisite to issu- H ante of permits for building and pav- 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 LADE WORTH Zoning ordinance, conflict with........... 27-39 Marine sauctuary, designation as 5-101 Regulations governing construction of docks, LIBRARY piers in Lake Worth and Atlantic Damaging property unlawful 16-1 Ocean 5-85 Department of library Librarian 2-93 LAND Library board $uildings; construction on public land pro- Appointment . . 16-17 hibited 6-1 Compensatian,service without........ I6-20 Plann;ng and developmont 21-01 et seq. See: PLANNINGAND DEVELOPMII<NT Composition . . . 16-17 Established I6-16 Subdivision regulations 36-1 of seq. See: SUBDIVISIONS (Appendix B) Meetings . 16-23 Organization 16-21 LANDSCAPING Powers and duties 16-22 Accessways 27-36 Qualifications.....,.................. 16-19 Appearance plan (Appendix A). See that Removal from office . 16-24 subject Term of office 16-17 Application of provisions; enforcement.... 27-33 Vacancies 16-18 Certain yard areas, off-streot parking and other vehicular use areas LICENSES AND PERMITS Existing plant material 27-67 Alarm peinnit........................... 19-208 et seq. Installation 27-60 See: ALARMS Maintenance 27-61 Boat launching area permits............. 5-34 Parking area interior landscaping 27-65 Boats, docks and waterways Perimeter landscaping relating to abut- Limitation on anchoring and mooring in Ling properties 27-64 prohibited area; mooring permit Plaut material required 5-17 Ground covers 27-62(e) Bulkhead lines; filling permit............ 7-16 et seq. Lawn grass.......... See: BULKHEAD LINES 27-62(f} Quality 27-62(a) Bullrheads and seawalls 5-72 Shrubs and hedges 27-62(c) Code enforcement board, applicability re.. 2-173 Tree species 27-62(b) Dzzveways. See herein: Sidewalk and Drive- Vines 27-62(d) way Permits Required landscaping adjacent to public Emergency medical services . 11.5-21 rights-of-way 27-63 Flood damage prevention development per- Scope, applicability 27-59 mit 12.5-22 Sight distance adjacent to public rights- Garage, related sales . 17-62 of-way and points of access....... 27-66 Home occupations. See also that subject Certificate of completion 27-35 Generally............................ 17-16 et seq. Cade enforcement board, applicability re.. 2-173 Occupational license for home occu- Completed landscaping required for certif- potions . 17-2(c) of seq. icate of use and occupancy.......... 27-37 Noise control; special permits excepted 19-119 Supp. No. 25 2945 NORTH PALM BEACH CODE Section Soctian LICENSES AND PERMITS (Cont'd.) LOTS (Cont'dJ Occupational licenses Zoning regulations . . . 45-1 et soq. Application for . 17-I8 See: ZONING (Appendix C) Commercial vehicles, marking of , 17-33.1 Compliance by principal deemed compli- LOUDSPEAKERS ante by agent 17.28 Noise control policy re loudspeakers and Delinquency penalty 17-20 devices far advertising 19-105 Doing business oat covered by license.. 17-28 Duplicate licenses 17-27 M Duration 17-19 MANAGER, See: VIIT~AGE 1VIANAGER False statements Engaging in business without license MANGROVE STANDS or under license issued an 17-32 FIood damage prevention provisions...... 12.5-45 License obtained by void ab initio 17-28 MAPS See: SURVEYS, MAPS AND PLATS Half-year license . . 17-19 Home occupations. See also that subject MARINE SANCTUARIES Generally 17-Ifi et seq. Designated...........,................. 5-10i Occupational license for home oc- cupations 17-2(c) et seq. MAY, SHALL Issuance 17-19 Definitions and rules of construction 1-2 Noncompliance of principal 17-29 MAYOR Nonprofit enterprise, special permit for 17-22 Civil disorders and disturbances Posted or carried, license to be 17-2fi Mayordesignatedlocalauthorityforpres- Refund o£ fee . 17-30 eivation of public peace.......... 8-21 Registration required 17-17 Village council; presiding officer at meet- Renewal 17-20 ings............ Requirod; basis of one year,....,...... 17-16 2-18 Specified professions, how tax construed MEASURES. See: WEIGHTS AND MEA- as to 17-21 SURES / Suspension or revocation 17-3fl Tax exemptions i7-31 Tax schedule 17-33 Transfer of license New location 17-25 New owner 17-24 Variable factors within applicant's knowl- edge, declaration where fee de- pends on 17-23 When due and payable 17-19 Park and recreation facilities; meeting and gathering permits . 20-31 et seq. See; PARKS, PLAYGROUNDS AND RECREATION Public services department, division of per- mits and inspections 2-85(1) Seawalls. See herein: Bulkheads and Sea- walls Sidewalk and dx'iveway permits 24-55 et seq. See: STREETS, SIDEWALKS AND PUB- LIC PLACES Street excavation permits 24-28, 24-29 Swimming pool permits 25-3 Utilities Use of rights-of--way for utilities; wi7tten permit 28-2, 28-3 LOGO Pillage logo 1-10 LOTS Subdivision design standards 36-18 Supp. No. 25 2946 coDE 1NDEx Section Section PARKS, PLAYGROiJNDSAND RECREATION PENSIONS AND RETIREMENT (Cont'd.) (Confd.) Direct transfers of eligible rollover dis- Vacancies 24-62(c) tribution........................ 2-170 Restrooms, failure to cooperate in keeping Discharged members 2-169(a) neat or sanitary . . . 20-2 False, misleading statements made to Traffic obtain retirement benefits prohib- Enforcement of traffic regulations 20-5(2) ited 2-169(f) Operation confined to roads........... 20-5(5) Incompetents 2-169(d) Parking areas designated 20-5(6) Insurers, tax on . 2-167 Signs 20-5(3) Membership Speed of vehicles 20-5(4) Application for membership 2-160(6) State motor vehicle laws 20-5(1) Buy-back of previous service........ 2-160(d) Trees Changes in designation of beneficiary 2-160(c) Climbing trees, etc 20-4 Conditions of eligibility............. 2-160(a) Use by public only 20-1 Nonassignability 2-169(6) PENALTIES. See: FINES, FORFEITT)RES Number and gender 2-169(e) AND OTHER PENALTIES Optional forms of bonefits 2-162 Pension validity 2-169(c) PENSIONS AND RETIREMENT Prior service . 2-165 Length of service award plan for volunteer Repeal or termination of plan 2-168 firefighters Tax on insurers 2-167 Benefit formula 2-170.6 Pension and certain other benefits for gen- Cnntact person 2-170.10 eralempIoyees Effective date 2-170.3 Benefit amounts and eligibility Eligibility 2-170.4 Direct transfers of eligible rollover Entitlement age . . . 2-170.5 distribution 2-157 Plan, name of 2-170.2 Early retirement................... 2-148(d) 2-170.11 Irate retirement 2-148(e) Point system . Preretirement death benefit........... 2-170.7 Preretirement death 2-148(e) Purpose 2-170 Retirement benefit................. 2-148(6) Sponsor, name of 2-170.1 Retirement date 2-148(a) Trustee and contact person. , 2-170.10 Termination of employment......... 2-148(f) Vesting provisions, schedule of 2-170.8 Benefit plan no. 2, optional (cost of liv- Village contributions 2-170,9 ing adjustment) 2-15$.1 Pension and certain other benofits for fire Benefit plan, optional and police employees Applicability to employees 2-158(a) Benefit amounts Member contributions Cost of livin 2-161(8) Amount . 2-158(d)(1) g Duration...... 2-158(d)(2) Disability retirement 2-161(e) Early retiroment 2-161(6) Guaranteed refund 2-155(d)(4) Formula 2-161(c) Interest....... 2-158(d)(3) 2-161(h) Retirement benefit 2-158(c) Limitation on Normal retirement benefit.......... 2-161(a) Retirement date 2-158(6) Proretirement death 2-161(4) Defuutions...........,......_........ 2-146 Termination benefits and vestiug.... 2-161(fj Discharged members 2-156(a) Board of trustees Incompetents 2-156(d) Bring and defend lawsuits Membership Powers 2-164(e) Application for membership 2-147(6) Composition 2-164(a) Change in designation of beneficiary 2-147(c) Forfeiture of membership on board Conditions of eligibility 2-147(a) for absenteeism 2-164(6) Nonassigrrability 2-156(6) Meotings 2-164(d} Normal and optional forms of benefits . 2-149 Power and authority 2-166 Pension validity...................... 2-156(c) Reports and records . . . 2-164(c) Repeal or termination of system 2-155 Contributions Retirement board Employer 2-163(c) Additional rubs and regulations au- Forfeitures &163(d) thorized...................... 2-152 Member 2-163(a) Established........................ 2-151 State 2-163(6) Investing funds; custodian of securi- Definitions 2-159 ties.....................-.... 2-153 Supp. No. 25 2949 NORTH PALM BEACH CODE Section Section PENSIONS AND RETIREMENT (Cont'd.) PLANNING AND DEVELOPMENT (Cont'dJ Oaths of office; meetings; quorum 2-154 Regulatory program Social security........ 2-136 et seq. Exemptions 21-47(b) See: SOCIAL SECURITY Generally . 21-47(a) Volunteer firefighters, lengEh of service Public facility adequacy, review to de- award plan for. See herein: Longth of termine 21-47(c) Service Award Plan for Volunteer Short title 21-41 Firefightora Filing fees and casts for voluntary annex- PERMITS. See: LICENSES AND PERMITS ation of land Enactment and authority 21-2(a) PERSON Fees: application 21-2(c) Definitions and rules of construction 1-2 Jurisdiction 21-2(b) Planning commission, advice of........ 21-2(d) PIERS Stormwater management q. 21-61 et se Docks and piers, construction require- See: STORMWATER MANAGEMENT menu re 5-$1 et seq. Subdivision regulations 36-1 et seq. Sae: BOATS, DOCKS AND WATER- See; SUBDIVISIONS (Appendix B) WAYS Zoning regulations . . . . 45-1 et seq. PLANNING AND DEVELOPMENT See: ZONING (Appendix C) Appearance plan (Appendix A), See that PLANNING COMMISSION subject Composition; conduct generally Archaeological site protection regulations. 21-101 et seq. Created 21-11(a) See: ARCI-IAEOLOGICAL SITE PRO- Meetings . . . 21-11(c) TECTION Membership . . 21-11(b) Board of adjustment Powers and duties 21-11(d) Composition; conduct generally Zoning ordinances, changes to 21-12 Administrative orders, review of 21-21(d) Created 21-21(a) PLATS. Soo: SURVEYS, MApS AND PLATS Decision of administrative official, ap- PLAYGROUNDS. See: PARKS, PLAY- peals to hoard from 21-21(e) GROUNDS AND RECREATION l Hearing of appeals . 21-21(g) Judicial review of dociaians of board. 21-21{h) POLICE Membership; terms; alternate; com- Court cost pensation . 21-21(b) Assessment of additional court costa for Powers and duties . , , , 21-21(c) criminal justice education expendi- Stay of work and proceedings on ap- tares 1-9 peal . 21-21(f) Department of public safety, provisions re Comprehenaive plan police division 2-76(b) Adoption 21-01 See: PUBLIC SAFETY DEPARTMENT Filing fees and costs far changes Elections; policemen to be present at poll- i Enactment and authority........... 21-1(a} ing place . . . . . 10-77 Fee; appIication 21-1(c) Fire division, provisions re police assis- Jurisdiction 21-1(b) tance 12-43 Planning commission, advise of 21-1(d) Impersonating police officer 19-8 Concurrency management Pension and certain other benefits for fire Adequate public facilities available to and galice empIoyeea 2-159 et seq. so;wise development 21-45 See: PENSIONS AND RETIREMENT Application . . . . 21-42 Reserve force Definitions 21-44 Application for membership 23-43 Intent and purpose Compensation 23-50 Comprehensive plan, implemonta- Created; pm~pose 23-42 tion of . . . . . 21-43(a) Director of public safety, appointment to ManagementJraonitoring and regale- serve by . 23-45 tory program, establishment of 2I-43(b) Oath required 23-47 Minimum requirements 21-43(c) Powers and duties . 23-4$ Management and monitoring proge•am Reserve list to be maintained 23-44 Amendmonts to CIE and annual had- Resignation . . 23-46 get, recommendations on 21-46(c) Uniforms and insignia 23-49 Annual public facilities update report 21-46(b) Generally 21-46{a) Sapp. No. 25 2950 CODE INDEX Section Section STREETS, SIDEWALKS AND PUBLIC SUBDIVISIONS (Appendix B) (Cont'd.) PLACES {Confd.) Minimum street design specifications 36-19(5) Smoke, dust, odors, liquids, etc........... 19-9 Minor streets 36-19(1) Spitting in public places prohibited....... 19-5 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 authority . . . . . . . . . 36-2 instances 24-3 Enforcement provisions Trees in Swale areas 27-16 et seq. Appeals.............................. 36-35 See: TRIES AND SHRUBBERY Erection of buildings and issuance of Utilities permits 36-38 Public utilities, cost of changing or re- General enforcement regulations 36-36 moval of 24-4 Land cleaz~ng, vegetation and wildlife Uso of rights-of--way for utilities 28-1 et seq. protection and preservation See: UTILITIES Application procednre far vegetation removal unrelated to building SUBDIVISIONS {Generally) permit applications 36-38.1(3) Appearance plan (Appendix A). ,See that Exceptions 36-38.1(5) subject Fees 36-38.1(6) Code enforcement board, applicability re.. 2-173 Generall . , 36-38,1(1) y Flood damage prevention provisions 12.5-41{4) Vegetation protection during construc- Zoning regulations 45-1 et seq. tion.......................... 36-38.1(4) See: ZONING (Appendix C) Vegetation removal permit, applica- SUBDIVISIONS (Appendix B) Lion procedure 36-3$.1(2) {Note-Section contained herein refer to Required improvements 36-37 sections found within Appendix B) Vegetation. See within this subheading: Amendments Land Clearing, Vegetation and Fublic hearing required 36-39.1 Wildlife Prrotoction and Preserva- Definitions tian General terms 36-5 Wildlife protection and preservation. See Specific terms . 36-6 within this subheading: Land Clear- Design standards ing, Vegetation and Wildlife Protec- Alleys tion and Preservation 3s-2a Blocks. See within this subheading: Lots ~Iurisdiction 26-3 and Blocks Legal status Comprehensive plan, conformity with.. 36-17(1) Con#licting regulations 36-41 Easements and rights-of--way Effective date 36-42 36-22(c) Saving clause 36-40 Access watertivays.........,. Drainage 36-22(b) Plats, platting Utilities 36-22(x) Procedures for subdivision plat approval. Lots and blocks See herein that subject Access 36-18(3) Procedures for subdivision plat approval Block lengths 36-18{6) Construction plan specifications 36-13 Double frontage Iots 36-18(5) Construction plans procedure Lot lines 36-18(4) Preparation of construction plans 36-12(1) Lot size 36-18(1) Submission and review of construc- Residence lots, minimum 36-18(2) tion plans 36-12(2) Public sites and open spaces 36-23 Surety device, posting of 36-12(3) Rights-of--way. See within this subhead- Final plat procedure ing: Easements and Rights-Of--Way Application for final plat approval... 36-14(2) Sidewalks 36-21 Generally 36-14(1) Soil and flood hazards, consideration of 36-17(2) Planning commission action 36-14(4) Streets Planning commission review........ 36-14(3) Adjoining property, street access to.. 36-19(7) Recording of final plat 36-14(6) Arterial streets, subdivisions on..... 36-19(2) Village council action 36-14(5) Culs-de-sae 36-19(6) Final plat specifications............... 36-15 Half streets 36-19(8) Lenora] prerequisites to 36-7 Intersection design 36-19(4) Pre-application conference 36-9 Supp. No. 25 2953 NORTH PALM BEACH CODE Section Section SUBDIVISIONS (Appendix B) (Cant'd.) SWEAR OR SWORN. See: OATH, AFFIRMA- Preliminary plat procedure TION, SWEAR OR SWORN Application for preliminary plat ap- proval 36-10(1) SWIMMING Aevelopments of regional impact.... 36-1D(2) Bathing regulations; diseased persons pro- Effect of approval 36-10(9) hibited from bathing in public pool, Failure of planning commission to etc 19-3 take action . 36-10(8) Restricted waters, swimming in.......... 5-3 Fees . 36-10(3) SWIM[UIING POOLS Notification of action 36-10(7) Barrier/fenang 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 36-1D(4) Country club premises regulations 9-1 Preliminary plat specifications 36-11 Definitions 25-1 Qualification of person making survey . 36-$ Elevation . 26-6 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 3fi-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 Occupational licenses 17-16 et seq. Streets See: LICENSES AND PERMITS 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) Tag on insurers 2-167 Pavement base 36-28(f) Telecommunicatioua service tax Subgrade . 36-28(e) Collection........ 26-52 Swalea 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 tag................ q. 26-29 et se Underground utilities , , . 36-32(d} See: UTILPPY TAX Water and sewer systems........... 36-32(c) Water supply 36-32(b) TELECOMMUNICATIONS We]ls Compliance with other laws; police power, 29-10 Individual wells prohibited in cer- Construction bond 29-I3 tarn areas of village 36-32(f) Definritions 29-3 Short title . 36-1 Enforcement remedies................... 29-15 SUITS AND OTHER PROCEEDINGS Fees and payments . . 29-5 Force majeure 29-16 Code enforcement board Insurance; surety; indemnification 29-12 Limitations on actions for money judg- Intent and purTose 29-2 meets 2-182 Registration............................ 29-4 SURVEYS, MAPS AND PLATS Involuntary termination 29-9 Official zoning map 45-17 Reports and records..................... 29-6 Subdivision regulations 36-7 of seq. Rights-of--way, use 29-$ See: SUBDIVISIONS (Appendix B) Security 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 Inderground installation; relocation 29-7 Supp. No. 25 2954 CODE INDEX Section Section TELEPHONES V Alarms; interference with public safety de- VB,~GE partment trunk line prohibited 19-2f5 Definitions and rules of construction 1-2 TELEVISION VTT,T,AGE COUNCIL Cable television rate regulation 17-1 Compensation 2-16 TENSE Definitions and rules of construction 1-2 Definitions and miles of construction I-2 Elections; village council to constitute can- THEFT vassing board 10-11 Meetings Combat Auto Theft (CAT) 18-19 Adjournment of all meetings . , 2-19 TIME Regular meetings Definitions and rules of construction 1-2 Presiding officer 2-18 When held 2-17 TRAFFIC. See: MOTOR VEHICLES AND Rules of procedure. See herein that suh- TRAFFIC ject TRAILERS Rules of procedure Personal recreational use trailers; parking Order of business . 2-26 on residential property restricted 18-35 Parliamentary rules . 2-27 Village clerk, duties re 2-67 TRASH. See: GARBAGE AND TRASH VILLAGE LOGO TREES AND SHRUBBERY Adoption 1-10(b1 Code enforcement board, applicability re.. 2-173 Description 1-10(a) Landscaping 27-31 et seq. Registrtion 1-f0(d) See: LAN1]SCAPING Unlawful practices . 1-10(c) Missiles, throwing I9-83 VILLAGE MANAGER Parks and recreation facilities; climbing trees, etc . 20-4 Administrative code, provisions re 2-39 et seq. Swale areas, trees in See: ADMINISTRATIVE CODE 27-16 Band 2-117 Definitions . Budget 2-I1S Maizztenance 27-24 Planting and removal; written approval Budget procedures, duties re 2-2 required 27-f7 R.emoval 2-116 Scope 27-19 Residency 2-115 Variety and location 27-18 VOYEURISM Window peeping prohibited 19-66 i7 UTILITIES W Flood damage prevention provisions...... 12.5-41(3?, (5) WALLS. See: FENCES, WALLS, HEDGES Franchisee 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 . f9-201 and rights-of-way 3fi-22{a) Definitions 19-200 Subdivisions, required improvements re 36-32 Enforcement Telecommunications sezvice tax.......... 26-51 et seq. Emergency power I9-204 See: TAXATION Generally 19-203 Use of rights-of-way far utilities Implementation Code enforcement board, applicability Exemptions 19-202(b) re 2-173 Permanent restrictions 19-202(a} Rules and regulations adopted 2$-1 Sanitation, excoption to maintain 19-205 Written permit (franchise} Violations and penalties 19-206 Contents 28-3 Required; term 28-2 WATER SUPPLY AND DISTRIBUTION Storznwater management 21-6f 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. 25 2955 NORTH PALM BEACH CODE Section Section WATERWAYS. See: BOATS, DOCKS AND WATERWAYS WEAPONS. See: FIREARMS AND WEAP- ONS WEEDS AND BRUSH Lien Recorded statement ofremoval casts 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 li.emoval by village . . 14-81 WEEK Definitions and rules of construction 1-2 WEICrHTS AND MEASURIIS 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 welIf"ield protection ordinance adopted by reference 19-220 WRITTEN, IN WRITING Definitions 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 Definitions 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 17-2(a) et seq. See: HO1V1E OCCUPATIONS Landscaping; conflict with zoning ordi- nance 27-39 Planning commission; changes to zoning ordinances 21-12 Subdivision regulations . . . . 36-1 et seq. See: SUBDIVISIONS (Appendix B) [The next page is 2965] Supp. No. 25 2956 CODE INDEX Section Section ZONING (Appendix C) ZONING (Appendix C} (Cont'd.} (Note---Sections contains herein refer to Floor area 45-32(F) sections contained within Appendix Height 45-32(B) C) Permitted uses 45-32(A) Adult entertainment establishments Site area . 46-32(C) Administrative requirements; supple- Yards and open spaces 45-32(D) mental G-3 Regional $usuiess Distinct Plan review 45-20(8}(b} Height............................... 45-94.1{5) Rules of construction 45-20(8}(a) Landscaping 45-34.1{4) Definitions 45-20(3) Location of business for retail sales of Disclosure of names aliases and dates of alcoholic beverages . 45-34.1(9) birth of employees 45-20(10) Lat coverage; maximum............... 45-34.1(fi) Display or exposure of specified anatom- Off-street loading and internal circula- ical area 45-20(9) tion 45-34.1(3) Enforcement 45-20{11) Off-street parking.................... 45-34.1(2) Findings of fact 45-20(2) Permitted uses....................... 45-34.1(1) Legislative intent 45-20(1) Setbacks............................. 45-34.i(5) Measurement of distance 45-20(5) Signs................................ 45-34,1(7) Nonconforming uses 45-20(7) Special C-3 Planned Unit Development Prohibited locations 45-20(4) {PITD) provisions................ 45-34.1(10) Variance, none 45-20(6) Surface water management........... 45-34.1(8} Alcoholic beverages. See also that subject C-A Commercial District Location of business for retail sales of lrchitecture 45-31(J) alcoholic beverages 45-20(2}, 45- Conditions for permitted uses 45-3I(C) 36.N Floor area 45-31(I) C-3 Regional Business District...... 45-34.1(5) General description 45-31(A) Amendments Height 45-31(D) Changes and amendments 45-5 Off-street parking and loading 45-31(G) Fees; waiting periods Off-street parking Iot layout, construc- Application for variances 45-50 tion and maintenance............ 45-31{H) Applications for rezoning, etc........ 45-49 Permitted uses 45-31(B) Antonna and antenna towers 45-21 Yards and open spaces 45-31(F) Architecture C$ Commercial District C-A Commercial District 45-31(J) Architecture 45-31.1(J) C$ Commercial District 45-31.1{J) Conditions for permitted uses , . 45-31,1(C) Automotive Commercial District Floor area . . . 45-31.1(I) Development standards 45-34(B) General description................... 45-31.1(A) Use and operating restrictions......... 45-34(C) Height 45-31.1(D) Uses permitted 45-34(A) Off-street parking and loading 45-31.1(G) Buildings Off~treet parking lot layout, construc- C-1 Neighborhood Commer©al District. 45-33(C) tion and maintenance............ 45-31.1(H) District regulations, buildings and uses Permitted uses 45-31.1(B) to conform to 45-19 Site area............................. 45-31.1(E} Floor area regulations. See herein: Floor Ya~•ds and open spaces 45-31.1(F) Area CC ~ansitional 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) tares. See herein that subject Conditions far permitted uses , 45-32.1(0) 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 Oil street parking regulations 45-32.1(G) Building and floor area regulations 45-33(G) 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 OfFste-eet parking 45-33(E) Conflict of provisions.................... 45-4 Permitted uses . . 45-33(A) GOS Conservation and Open Space Dis- Conditions for permitted uses....... 45-33(G) trict Yard space regu]ationa 45-33(D) Goastalzone protection 45-35.2(0) C-lA Limited Commercial District Latent 45-35.2(A} Conditions for permitted uses 45-32(G) Permitted uses 45-35.2(B} Sapp. No. 25 296 NORTH PALM BEACH CODE Section Section ` ZONING (Appendix C) (Cont'd.) ZONING (Appendix C) (Cont`d.} Definitions 45-2 Architectural elements Adult entertainment establishments 45-20(3) Architectural elements 5-5 Rules of construction 45-20(8)(a) Building color and fmish 5-4 Historic site overlay district 45-37(b) Building facade/e]evation 5-3 Districts Defimitions 5-8 Division of village into districts........ 45-16 Design treatments 5-2 Enumerated 45-16 General provisions.................. 5-1 See also specific districts as indexed Preferred roof materials/styles 5-7 General grovisions 45-36 Window/door treatments 5-6 Floor area Consistency with comprehensive Iand C-1 Neighborhood Commercial District. 45-33{C}, (F) use plan Art. 2 C-lA Limited Commercial District..... 45-32(F) Established . Art. 1 C-A Commercial District 45-31(1) General provisions CB Commercial District 45-31,1(I} Applicability....................... 3-1 R-2 Multiple-Family Dwelling District . 45-28(E) Procedure and regulations.......... 3-2 R-3 Apartment Dwelling District 45-30CF) Landscape elements Height Administration 6-2 C-i Neighborhood Commercial District. 45-33(13) Foundation landscaping and plant- C-1A Limited Commercial District..... 45-32(B) , • , , , , , , , 6-12 G3 Regional Business District........ 45-34.1(5) mgs Intent 6-1 C-A Commercial District 45-31(D) Irrigation 6-14 CB Commercial, District 45-31,1{D) Landscape requirements for off-street CC Transitional Commercial District 45-32,1(D} pm'~g areas 6-10 R-i Single-Family Dwellixxg Districts 45-27(S) Maintenance 6-13 R-2 Multiple-Family Dwelling District . 45-28(B} Ivfinimum landscape buffer and plant- R-3 Apartment Dwelling District 45-30(B) Historic site overlay district ing requirements $-11 Definitions 45-37(b) Minimum landscape requirements 6-8 Local register of historic sites Miscellaneous landscape elements... 6-9 Creation of 45-37(C) New construction and substantial re- Initiation of placement on 45-37(D) vision 6-5 Placement on 45-37(E) Nonconforming landscape areas..... 6-3 Certificate of appropriateness....... 45-37(H) Preferred landscape palette......... 6-7 Criteria for Iisting on 45-37(F} Prohibited and standard invasive Effect of listing on 45-37(G) plants........................ 6-6 Purpose 45-37(a) Pruning........................... 6-15 Interpretation of provisions. 45-3 Tree and plant installation 6-4 Landscaping Signage and outdoor displays C-3 Regional Business District........ 45-34.1(4) Accessory signs 7-5 Loading, of£ street. See herein: Off-Street Appearance 7-2 Loading and Internal Circulation 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 retard , 45-62 Exempt signs . 7-3 Map Exterior architectural lighting , , 7-LO Official zoning map. See herein that General provisions 7-1 subject Measurement determizaatiozas....... 7-8 Nonconforming uses of land and structures Street numbers 7-7 Adult entertainment establishments 45-20(7) Temporary signs . 7-4 Extension and enlargement........... 45-81 Site plan elements Art. 8 Intent 45-GO Building orientation and placement . 8-2 Land, nonconforming uses of.......... 45-63 General design 8-1 Lots of record, nonconforming 45-62 Offstreet parking areas 8-3 Repairs and maintenance 45-66 Pedestrian amenities............... 8-4 Structures and premises in combine- Site and street furniture 8-5 tion, nonconforming uses of 45-65 Zoning regu]ations Structures, nonconforming , 45-64 Development review regu]ations 4-1 'T'emporary uses 45-67 Land use chart 4-2 Supp. No. 25 2966 \ CODE INDEX Section Section ZONING {Appendix C) (Confd.) ZONING (Appendix C) (Cont`d.) Use definitions and supplemental reg- R-1 Single-Family Dwelling District ulations 4-3 Annexed land in...................... 45-20 Oceanfrontland Ileight 45-27(B) Ocean setback 45-22 OfFstreet parking.................... 45-27(E) Official zoning map Pei~nitted uses 45-27(A) Adopted by reference 45-17(1) Site area.,........................... 45-27(C) Boundary conflict interpretations...... 45-18 Yards and open spaces 45-27(D) Buildings and uses to conform to district R-2 Multiple-Family Dwelling District regulations . . . . 45-19 Community residential home regu]a- Changes 45-17(3) flour 45-28(G) Damaged, destroyed, etc 45-17(5) Floor area 45-28(E) Identification 45-17(2) Height................... 45-28(B) Location; final authority 45-17(4) Off-street parking 45-28(F) Off-street Ioading and internal circulation Permitted uses 45-28(A) C-3 Regional Business Distr`ict........ 45-34.1(3) Site area 45-28(C) Yards and open spaces 45-2$(D) Off-street parl~ing C-1 Neighborhood Commercial District. 45-33(E) R-3 Apartment Dwelling District C-lALimited Commercal District..... 45-32{E} Floor area 45-30(F) C-3 Regional Business District........ 45-34.1(2) Height 45-30(B) C-A Commercial District 45-31{G), (H) Off-street parking 45-30(E) CB Commercial District 45-31.1(G), (H) Permitted uses 45-30EA) CC Transitional Commercial District 45-32.1(G), (lI) Site area . . . 45-30(C) R-1 Single-Family Dwelling Districts 45-27(E) Yards and open spaces 45-30(D) Setbacks R-2 Multiple-Family Dwelling District . 45-28(F) C-3 Regional Business Diatizct 45-34.1(5) R-3 Apartment Dwelling District 45-30(E) Oceanfront land . 45-22 Open spaces. See herein: Yards and Open Short title . 45-1 Spaces Signs Parking C-3 Regional Business District 45-34.1(7) Off-stroot loading and internal circula- Site area flan. See herein that subjoct C-lA Limited Commercial District.. , . , 45-32(C) OlF street parkingregulations. See herein: C-A Commercial Disla•ict 45-31(E) Off-Street Parking CB Commercial District....... , 45-31.I(E) Permitted uses CC Transitional Commercial District 45-32.1(E) Automotive Commorraa] District....... 45-34(A} R-1 Single-Family Dwelling Districts 45-27(C) C-1 Neighborhood Commercial District, 45-33(A}, (G} R-2 Multiple-Family Dwelling District . 45-28(C) C-LA Limited Commercial District 45-32(A}, (G) R-3 Apartment Dwelling District 45-30(C) C-2 General Commercial District 45-34(A) Surface water management C-3 Regional Business District 45-34.1(1) C-3 Regional Business District 45-34.1(8) C-A Commercial District 45-31(B), (C) ~aecommunications antenna and antenna CB Commercial Distinct 45-31.1(B), (C) towers 45-21 CC Transitional Commercial District 45-32.1(B) Violation and penalty 45-6 C-OS Conservation and Open Space Dis- Yards and open spaces trio 45-35.2(B) G-1 Neighborhood Commercial District. 45-33(D} R-1 Single-Family Dwelling Distizcta 45-27(A) C-1A Limited Commercial District 45-32(D) R-2 Multiple_Family Dwelling District . 45-28(A) C-A Commercial District 45-31(F) R-3 Apartment Dwelling District 45-30(A} CB Commercial District 45-31.1(F) Planned unit development GG Transitional Commercial Distinct 45-32.1(F) C-3 Regional Business District 45-341(10} R-1 Single-Family Dwelling Districts 45-27(D) Filing of application 45-35.1(II) R.2 Multiple-Family Dwelling District . 45-2${D) Planning commission R-3 Apartment Dwelling District , 45-30{D) Action of 45.35.1(IV) Referral to 45-35.1(III) Statement of intent 45-35.1(I) Village comicil Action of 45-35.10 Effect of approval of 45-35.1(VI) Public district Resti~cted uses 45-35 Supp. No. 25 2967 l