The URL can be used to link to this page

Code of Ordinances Supplement 23 SUPPLEMENT NO. 23 February 2002 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. 03-2002, adopted February 14, 2002. See the Code Comparative Table for further information. Remove old pages Insert new pages xi-xvi xi-xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 133 133 137-140 137-140.1 381 381 398.5-398.14.1 398.5-398.14.2 947, 948 947, 948 2481-2486.2 2481-2486.2.3 2510.3-2512 2511-2512.7 2887, 2888 2887, 2888 2935-2942.1 2935-2942 2945-2948 2945-2948.1 2950.1-2952 2951-2952.1 2955, 2956 2955, 2956 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. M[.TNICIPAL 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 CHARTER Charter 1 ' Art. I. Corporate Name 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 6.1 Art. IV. Administrative 11 Art. V. Qualifications and Elections 13 Art. VI. Transition Schedule 14 Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 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. 23 xl NORTH PALM BEACH CODE 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 for Volunteer Firefighters 158.3 Art. VI. Code Enforcement Board 159 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 Art. III. Construction Requirements 326 Div. 1. Generally 326 Div 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div 4. Docks and Piers 328 Div. 5. Erosion Control Structures 333 Art. IV. Marine Sanctuaries 333 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 ~ Div. 2. Reserved 398.3 Div 3. Certificate of Appropriateness 398.3 ~ Art. N Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code : : 398.16 Art. VII. Coastal Construction Code 398.16 ~ 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 ~ 8. Emergency Management 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 510 9. Country Club 559 Art. I. In General 561 Art. II. Advisory Board 562 Art. III. Finances 563 10. Elections 615 Art. I. In General 61'7 Supp. No. 23 Xli TABLE OF CONTENTS~ont'd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. N 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. Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div 3. Equipment 727 Div. 4. Reserved 728 Art. N Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, mash and Refuse 891 Div 1. Generally 891 Div. 2. Garbage Collection and Disposal 891 Div. 3. Abandoned, Inoperative and Junked Prop- - erty 892 Art. III. Reserved 895 Art. 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 Art. III. Businesses Located Outside Village Limits 1060 Art. IV. Reserved lOM Art. V. Ambulances 10M Art. VI. Garage and Other Sales lOM Supp. No. 23 Xiil NORTH PALM BEACH CODE Chapter Page 17.5 Reserved 1121 ' 18. Motor Vehicles and Traffic 1171 Art. I. In General 1173 Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking 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 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 j Div. 1. Generally 1292 Div. 2. Permit 1292 Art. III. Recreation Advisory Board 1293 21. Planning and Development 1343 Art. I. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. N Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection Regulations 1363 i 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 ~ 24. Streets, Sidewalks and Public Places 1517 Art. I. In General 1519 I Art. II. Excavations 1519 ~ Div 1. Generally 1519 j Div 2. Permit 1520 Art. III. Sidewalks and Driveways 1520 Div 1. Generally 1520 Div 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Supp. No. 23 xiV TABLE OF CONTENTS~ont'd. Chapter Page Art. II. Construction Permits 1576 Art. III. Public and Private Pools 1577 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax 1629 Art. IV. Utility Tax 1630 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1683 Div. 1. Generally 1683 Div. 2. Reserved 1686 Div. 3. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 29. Telecommunications 1781 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval 2358 Art. III. Design Standards 2365 Art. IV. Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art. I. In General 2481 .Art. II. Generally 2485 Art. III. District Regulations 2486.4 Arts. IV, V. Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises 2619 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Code Comparative Table-Laws of Florida 2873 Supp. No. 23 xv i NORTH PALM BEACH CODE f Page Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 C i i Supp. No. 23 xVl Checklist of Up-to-Date .Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 136.1, 136.2 22 iii 1 136.3, 136.4 22 v, vi OC 137, 138 23 vii, viii OC 139, 140 23 ix OC 140.1 23 x.i, x.ii 1 141, 142 22 x.iii 1 142.1, 142.2 22 xi, xii 23 143 16 xiii, xiv 23 144.1, 144.2 12 xv, xvi 23 144.3 12 1 OC 145, 146 9 3, 4 8 147, 148 9 5, 6 12 149, 150 20 6.1, 6.2 18 150.1, 150.2 20 7, 8 OC 151, 152 11 9, 10 OC 153, 154 22 11, 12 OC 154.1 22 13, 14 OC 155, 156 20 65 18 157, 158 22 77 OC 158.1, 158.2 20 79, 80 OC 158.3 20 81, 82 21 159, 160 19 133 23 161, 162 19 135, 136 22 163, 164 22 Supp. No. 23 [1] ~- NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 165, 166 22 723 2 211 OC 725, 726 13 213, 214 19 726.1 13 263 OC 727, 728 5 265, 266 OC 729 5 267, 268 17 777 OC 269 17 779, 780 OC 319 OC 781, 782 OC 321, 322 17 783, 784 OC 323, 324 16 785, 786 OC 325, 326 16 787, 788 OC 327, 328 21 789 OC 329, 330 22 839 OC 331, 332 22 889 OC 333, 334 20 891, 892 21 381 23 892.1 15 383, 384 17 893, 894 OC 385 17 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 ~ 23 j 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 398.11, 398.12 23 1051 OC 398.13, 398.14 23 1053, 1054 9 398.14.1, 398.14.2 23 1054.1, 1054.2 9 398.15, 398.16 8 1055, 1056 21 399, 400 OC 1057, 1058 21 401, 402 OC 1059, 1060 21 403 OC 1060.1 14 453 OC 1061, 1062 8 455, 456 22 1063, 1064 8 507 22 1121 OC 509, 510 22 1171 OC 511 22 1173,1174 17 ~ 559 17 1175 19 561, 562 22 1225 OC 563, 564 22 1227, 1228 OC 615 OC 1229, 1230 21 ~ 617, 618 OC 1231, 1232 21 619, 620 6 1233, 1234 21 ~ 671 2 1235, 1236 21 673 19 1237,1238 16 695 13 1239,1240 22 697 13 1241,1242 21 ~ Supp. No. 23 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1289 3 1791,1792 21 1291, 1292 OC 1793, 1794 21 1293, 1294 22 1795, 1796 21 1295 ~ 22 2043 OC 1343 4 2045,2046 10 1345, 1346 22 2047, 2048 OC 1346.1 22 2049, 2050 OC 1347, 1348 OC 2051, 2052 OC 1349, 1350 OC 2053 OC 1351, 1352 14 2353 OC 1352.1 14 2355, 2356 OC 1353, 1354 OC 2357, 2358 OC 1355, 1356 OC 2359, 2360 22 1357, 1358 OC 2361, 2362 22 1359, 1360 OC 2362.1 22 1361, 1362 5 2363, 2364 OC 1363, 1364 5 2365, 2366 OC 1365, 1366 5 2367, 2368 1 1367 5 2368.1 1 1411 OC 2369, 2370 OC 1463 OC 2371, 2372 OC 1465, 1466 OC 2373, 2374 OC 1517 OC 2375, 2376 OC 1519, 1520 OC 2377, 2378 22 1521, 1522 OC 2379 22 1523 OC 2479 9 1573 OC 2481, 2482 23 1575, 1576 OC 2483, 2484 23 1577 OC 2485, 2486 23 1627 9 2486.1, 2486.2 23 1629, 1630 21 2486.2.1, 2486.2.2 23 1631 21 2486.2.3 23 168.1 OC 2486.3, 2486.4 16 1683, 1684 OC 2487, 2488 OC 1685, 1686 OC 2488.1, 2488.2 18 1687, 1688 17 2489, 2490 18 1689, 1690 17 2491, 2492 18 1739 14 2493,2494 18 1741, 1742 21 2495, 2496 18 1781 21 2497,2498 21 1783, 1784 21 2499, 2500 21 1785, 1786 21 2500.1 21 1787, 1788 21 2501, 2502 18 1789, 1790 21 2503, 2504 18 Supp. No. 23 [3] NORTH PALM BEACH CODE Page No. Supp. No. i 2504.1, 2504.2 16 2505, 2506 10 ail 2507, 2508 13 2509, 2510 13 2510.1, 2510.2 13 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, 2518 22 2619 21 2819, 2820 22 2869, 2870 OC 2871 OC 2873 OC 2875, 2876 OC 2877, 2878 OC j 2879, 2880 OC 2881, 2882 14 2883, 2884 14 2885, 2886 19 ' 2887, 2888 23 2933, 2934 OC 2935, 2936 23 ' 2937, 2938 23 2939, 2940 23 2941, 2942 23 f 2943, 2944 17 2945, 2946 23 2947, 2948 23 2948.1 23 2949, 2950 20 2951, 2952 23 2952.1 23 2953, 2954 21 2955, 2956 23 2965, 2966 15 2967 15 Supp. No. 23 [4] Chapter 2 ADMINISTRATION* Art. I, In General, 2-1 2-15 Art. II. Council, 2-16-2-38 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 Services, 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. IV. Manager, 2-115-2-128 Art. V. Pensions and Retirement Systems, 2-129-2-170.11 Div 1. Generally, 2-129-2-135 Div 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 Benefits for Fire and Police Employees, 2-159-2-170 Div 5. Length of Service Award Plan for Volunteer Firefighters, 2-170.01-2-170.11 Art. VI. Code Enforcement Board, 2-171-2-180 *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, § 21-12; taxation, Ch. 26; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. Supp. No. 23 133 i ADMINISTRATION § 2-41 (2) Invocation; Sec. 2-40. Departmental organization. (3) Pledge of allegiance; (a) The administrative service of the village (4) Approval of minutes; shall be divided under the administrator into the following departments and heads thereof: (5) Report of mayor; (1) Department of finance, director of fi- (6) Statements from the public; nance. (7) Consent agenda; (2) Department of public safety, director of public safety. (8) Petitions and communications; (3) Department of public services, director of (9) Reports of special committees and recom- public services. mendations of advisory boards; (4) Department of recreation, director of rec- (10) Village manager's report; reation. (11) Declaration of ex parte communications; (5) Department of library, librarian. (12) Ordinances; (6) Department of country club, country club (13) Resolutions; administrator. (14) Miscellaneous business; (b) In addition, there shall be a department of records headed by the village clerk under the (15) Adjournment. village council, which department shall be coordi- (Code 1970, § 2-17; Ord. No. 6-74, § 1; Ord. No. nated into the administrative service and cooper- 22-96, § 1, 6-13-96; Ord. No. 14-98, § 1, 6-25-98) ate with the administrator so as to coordinate the entire administrative service of the village. Sec. 2-27. Parliamentary rules. (Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75; Ord. No. 44-97, § 1, 10-9-97; Ord. No. 30-2001, § 2, The presiding officer, when the council is in 10-11-01) Session, shall enforce parliamentary rules for its Cross references-Country club, Ch. 9; library, Ch. 16; government so far as they are applicable to such P~'~, Playgrounds and recreation, Ch. 20; police, Ch. 23; streets, sidewalks and public places, Ch. 24. legislative body. (Code 1970, § 2-19) Sec. 2-41. Oaths of office. Secs. 2-28-2-38. Reserved. (a) Persons required to take oath of office. Each of the following officers and employees in the administrative service shall be required to take ARTICLE III. ADMINISTRATIVE CODE an oath of office before entering upon the dis- charge of his duties, which oath shall be sub- DIVISION 1. GENERALLY scribed by the person taking it and shall be filed and preserved in the office of the village clerk: Sec. 2-39. Definition. (1) Officers. The village manager and each department head. As used in this article, unless the context otherwise requires: (2) Public safety officers. Every member of the department of public safety (including Chief administrator or administrator is the any private, special, temporary or substi- village manager. tute policemen which the village might (Code 1970, § 2-31) find it necessary to appoint). Supp. No. 23 137 § 2-41 NORTH PALM BEACH CODE (b) Form of oath for the chief administrator Subscribed and sworn to before me this and officers. The following shall be the form of day of , 19 oath for the chief administrator and officers: State of Florida ) Notary Public County of Palm Beach ) ss. Village of North Palm Beach ) (Code 1970, § 2-33) I, , do solemnly swear that I will support the Constitution of the Sec. 2-42. Bonds required of certain offic- United States, the Constitution of the State of ers. Florida, and the Charter and Code of the Vil- The following named village officials shall each, lage of North Palm Beach; that I will faithfully, before entering upon the duties of their respective honestly and impartially discharge my duties offices, give a good and sufficient surety company as during my continu- bond to the village, duly approved by the village ante therein; that I am not directly or indi- attorney, and conditioned upon the faithful per- rectly pecuniarily interested in any public ser- formance and discharge of their respective duties, vice corporation engaged in business in the and for the proper application and payment of all Village of North Palm Beach, or in or with any money or property coming into their hands by person or corporation having contracts with virtue of their offices in the following amounts: said Village, so help me God. (1) Village manager, two hundred thousand dollars ($200,000.00). Subscribed and sworn to before me this (2) Finance director, two hundred thousand j day of , 19 dollars ($200,000.00). l (c) Form of oath for members of department of (3) Village clerk, ten thousand dollars public safety. The following shall be the form of ($10,000.00). oath for the members of the department of public (4) Village tax collector, two hundred thou- safety: sand dollars ($200,000.00). State of Florida ) (5) Country club manager or country club County of Palm Beach ) ss. administrator, two hundred thousand dol- Village of North Palm Beach ) lars ($200,000.00). ~ I, , do solemnly swear (Code 1970, § 2-34; Ord. No. 23-96, § 1, 6-13-96; that I will support the Constitution of the Ord. No. 30-2001, § 3, 10-11-01) United States, the Constitution of the State of Florida and the Charter and Code of the Vil- Sec. 2-43. Policy and procedures. lage of North Palm. Beach; and that I will, to (a) Officers. Each officer shall perform all du- the best of my ability, faithfully perform the ties required of his office by state law, the charter, duties of the office of Public Safety Officer the Code of the village, and such other duties not during my continuance therein, so help me in conflict therewith as may be required by the God. village manager. (b) Department heads. The heads of depart- ments shall: (1) Responsibility to village manager. The heads of departments including the coun- try club administrator shall be immedi- ately responsible to the village manager for the effective administration of their Supp. No. 23 138 ADMINISTRATION § 2-59 respective departments and all activities DIVISION 3. DEPARTMENT OF FINANCE assigned thereto, except as provided in section 2-40. Sec. 2-59. Finance director; duties. (2) Inaugurate sound practices. Keep in- The department of finance shall be headed by formed as to the latest practices in their the finance director, who shall: particular field and shall inaugurate, with the approval of the village manager, such (1) Prescribe form. Prescribe the form of ac- new practices as appear to be of benefit to counts and reports to be rendered by him. the service and to the public. (3) Re ort to villa a mana er. Submit monthl (2) Budget duties. Prepare estimates of reve- p g g y nue, and shall give such other assistance and annual reports of the activities of his in the preparation of the budget as may be department to the village manager. required of him by the village manager. (4) Maintain records. Establish and maintain (3) Financial statements. Transmit to the vil- a system of filing and indexing records lage manager at least monthly state- and reports in sufficient detail to furnish ments of cash on hand and of classified all information necessary for proper con- unencumbered appropriation balances for trol of departmental activities and to form the village as a whole, and such other a basis for the periodic reports to the financial statements as the manager may village manager. from time to time require. He shall keep (5) Authority over employees. Have power, all departments, boards, commissions or when authorized by the village manager, institutions currently informed of their to appoint and remove, subject to person- classified unencumbered appropriation bal- nel policy regulations for personnel, all antes. subordinates under him. (6) Maintain equipment. Be responsible for (4) Keep accounts. Keep all general accounts of the village government and of the re- the proper maintenance of all village prop- spective departments, offices, boards, com- erty and equipment used in his depart- missions and institutions thereof. went. (c) Departments. Each department shall fur- (5) Fiscal supervision over officers. Exercise nish, upon the direction of the village manager, general supervision over all officers of the any other department such service, labor and village regarding the proper management materials as may be requisitioned by the head of of the fiscal concerns of their respective such department, and as its own facilities permit, offices. through the same procedure and subject to the (6) Examine books. Examine the books of same audit and control as other expenditures are each department, from time to time, and incurred. see that they are kept in proper form. (Code 1970, § 2-35; Ord. No. 44-97, § 2, 10-9-97; Ord. No. 5-99, § 1, 1-28-99) (7) Responsibility for proceeds of bonds. De- posit the proceeds of all sales of bonds in Secs. 2-44-2-50. Reserved. village accounts immediately after he shall have received the same; until such de- DIVISION 2. RESERVED. posit, he shall be responsible for the amount thereof. Secs. 2-51-2-58. Reserved. (8) Accounts of receipts and expenditures. Keep *Editor's note-Ord. No. 30-2001, § 1, adopted Oct. 11, in proper books, a full and accurate ac- 2001 repealed former div. 2, § 2-51, in its entirety. Former count Of all the moneys received and dls- § 2-51 pertained to treasurer's duties and derived from the bursed by him in behalf of the village, 1970 Code, § 2-36. specifying the time of receipt and disburse- Supp. No. 23 139 r I § 2-59 NORTH PALM BEACH CODE went, from whom received and to whom DIVISION 4. DEPARTMENT OF RECORDS* disbursed, and on what account received and disbursed, and how paid. Sec. 2-67. Village clerk; duties. (9) Cancellation of evidences of debt. Cancel The department of records shall consist of a all warrants and other evidences of debt, village clerk, who shall: against the village, whenever paid by him, (1) Serve as clerk of council. Serve as clerk of by writing or stamping across the face the council and perform such other duties thereof the words "Paid by the Village of a like nature as shall be required by Finance Director," with the date of pay- that body. went written or stamped thereon. (2) Keep records of council. Be responsible for the recording, filing, indexing and safe- s (10) Receive and disburse moneys. Receive and keeping of all proceedings of the council. have custody of all moneys paid to the village and shall disburse all village mon- (3) Record ordinances. Record in full, uni- eys. formly and permanently, all ordinances ~ and shall authenticate the same. (11) Pay village employees. Payvillage employ- (4) Public council action. Publish all adopted ees upon presentation of the properly cer- ordinances and resolutions of the council, tified payroll. and all legal notices required by law or ordinance. (12) Collect moneys and fees due village. De- (5) Keep election records. Keep and maintain mand and receive all moneys and fees all election records and have custody of all owing to the village whenever any person property used in connection with elec- ` is indebted to the village in any manner, tions. and the means of collection of such debt is not otherwise provided by law. When any (6) Keep vital statistics. Prepare, attest and claim shall not be collectible by other report on the vital statistics of the village. methods, he shall report the same to the village attorney for prosecution. (7) Notice of expiration of term. Notify the appointing authority of the impending expiration of the term of office of a mem- (13) Is responsible for the design, implemen- ber of any board or commission, such ~ tation and application of accounting and notice to be given at least thirty (30) days financial recording systems and proce- before such expiration. duress ensures the development and im- plementation of internal controls, as well (8) Keep official seal. Be the custodian of the as new processes and procedures to en- official seal of the village. sure efficiency, accuracy, and maximum (Code 1970, § 2-38) productivity. Sec. 2-68. Deputy village clerk-Appoint- (14) Ensures the validity, reliability, and integ- ment. rity of all financial, statistical, and ac- The deputy village clerk shall be appointed by counting data related to the village's fi- the village clerk, subject to confirmation of such nancial systems. appointment by majority vote of the members of (Code 1970, § 2-37; Ord. No. 30-2001, § 4, 10-11- the village council. The village council shall not O1) recommend a person to be appointed by the vil- lage clerk, but shall have the power to withhold *Cross reference-Certain personnel information ex- Secs. 2-60-2-66. Reserved. empt from public disclosure, § 2-3. Supp. No. 23 140 ADMINISTRATION § 2-74 confirmation of any person recommended for ap- pointment by the village clerk until the village council is satisfied with the person recommended by the village clerk to be deputy village clerk. (Ord. No. 17-79, § 2, 8-9-79) Sec. 2-69. Same-Duties. The deputy village clerk shall: (1) During the absence or disability of the village clerk, perform the duties of village clerk. (2) Perform such duties as are assigned to her by the village clerk in accordance with the responsibilities of the village clerk as set forth in section 2-67 of this Code. (3) At the direction of the village clerk, per- form such additional services as may be required by the departments managed by the village manager. (Ord. No. 17-79, § 2, 8-9-79) Secs. 2-70-2-74. Reserved. Supp. No. 23 140.1 t Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Art. I. In General, 6-1-6-15 Art. II. Minimum Construction Standards, 6-16-~-29 Art. III. Appearance Code, 6-30~-71 Div 1. Generally, 6-30~-42 Div 2. Reserved, 6-43-6-55 Div 3. Certificate of Appropriateness, 6-56-6-71 Art. 1V. Reserved, 6-72-6-109 Art. V. Signs and Outdoor Displays, 6-110-6-149 .Art. VI. Energy Efficiency Building Code, § 6-150 Art. VII. Coastal Construction Code, 6-151-156 *Croas references-Construction requirements for waterway related structures, § 5-49 et seq.; enforcement of Ch. 6 by code enforcement board, § 2-171 et seq.; bulkhead lines, Ch. 7; electricity, Ch. 11; fire prevention and protection, Ch. 12; flood damage prevention, Ch. 12.5; housing, Ch. 15; permissible times for construction activity, § 19-111; planning and development, Ch. 21; streets, sidewalks and public places, Ch. 24; swimming pools, Ch. 25; use ofrights-of--way for utilities, Ch. 28; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. Supp. No. 23 381 C BUILDINGS AND BUILDING REGULATIONS § 6-111 upon which such certificate was granted shall be promote the general health, safety and welfare of turned over to the building inspector whose re- the public, to protect property values and to assist sponsibility it shall be to determine, from time to in the safe, economic, and aesthetic development time as the project is in progress and finally upon of business: its completion, that there have been no unautho- rized deviations from the evidence upon which (1) Property value protection. Signs should the granting of the certificate of appropriateness not create a nuisance to the occupancy or was originally based. The building inspector shall use of other properties as a result of their not issue a certificate of occupancy for any build- size, height, brightness or movement. They ing or structure where there have been any devi- should be in harmony with buildings, the ations from the certificate of appropriateness which neighborhood and other conforming signs has been granted. in the area. (Code 1970, § 6-38) (2) Communication. Signs should not deny other persons or groups the use of sight Secs. 6-61-6-71. Reserved. lines on public rights-of--way, should not obscure important public messages and should not overwhelm readers with too ARTICLE IV. RESERVED* many messages. Signs can and should help individuals to identify and under- Secs. 6-72-6-109. Reserved. stand the jurisdiction and the character of its subareas. ARTICLE V. SIGNS AND OUTDOOR (3) Preservation of community's beauty. Small DISPLAYS residential municipalities such as this rely heavily on their natural surroundings and Sec. 6-110. Purpose and scope of regula- beautification efforts to retain their unique tions. character. This concern is reflected by the active and objective regulations of the (a) In General. The purpose of this chapter is appearance and design of signs. to establish regulations for the systematic control (Ord. No. 31-2001, § 1, 10-25-O1) of signs and advertising displays within the Vil- lage of North Palm Beach. The regulations and Sec. 6-111. General provisions. requirements as herein set forth are intended to preserve the residential character of the Village of (A) Criteria for appearance. North Palm Beach by controlling size, location and use of signs in all zoning districts within the (1) Wall signs shall be part of the architec- village. It is further intended to protect and tural concept of the building. Size, color, lettering, location and arrangement shall *Editor's note-Section 3 of Ord. No. 4-90, adopted Mar, be harmonious with the building design. 8, 1990, repealed former Art. 1V, "Contractors," which con- tained 6-72~-81 and 6-89~-99. The repealed provisions (2) Ground Signs shall be designed to be derived from Code 1970, § 10-1-10-11, and Ord. No. 19-82, compatible with the architecture of the 1-s, adopted Oct. 14, 1982. building. The same criteria applicable to 1'Editor's note-Ord. No. 24-93, § 1, adopted Oct. 14, wall signs shall apply to ground signs. 1993, repealed the provisions of former Art. V, 6-111-6- 138, relative to signs and outdoor displays, and § 2 of said (3) Identification signs of a prototype design ordinance enacted a new Art. V to read as herein set out in shall conform to the criteria for building 6-111-6-117. The provisions of former Art. V derived from Ord. No. 10-80, adopted May 22,1980; Ord. No. 32-80, adopted and ground signs. Oct. 23, 1980; Ord. No. 7-85, adopted May 9, 1985; Ord. No. (4) Materials used in signs shall have good 1-88, adopted Jan. 14, 1988; Ord. No. 5-89, adopted Feb. 9, 1989; and Ord. No. 19-89, adopted Sept. 14, 1989. architectural character and be harmoni- Crossreferences-Appearance plan, App. A; zoning, App. ous with the building design and surround- C. ing landscape. Supp. No. 23 398.5 I § 6-111 NORTH PALM BEACH CODE (5) Every sign shall be designed so as to have described herein. Any increase in the height visual relationship to buildings and sus- or size of a sign or setback thereof in the soundings. granted variance shall not exceed thirty (6) Colors shall be used harmoniously and (30) percent of the requirements of this with restraint. Excessive brightness and code. brilliant colors shall be avoided. Lighting (2) The board of adjustment shall hear and shall be harmonious with the design. If rule on all applications for variance to external spot or flood lighting is used, the this Code. All the provisions of Article III, light fixtures and light source shall be Chapter 21 of the Village Code, shall arranged so that the light source is shielded apply to applications for variance to this from view. code. (7) All permanent signs shall comply with (3) All applications for variances to regula- the requirements and procedures of the tions established by this article shall be Village Appearance Code. filed with the building official upon a form (B) Relationship to building and electrical codes. supplied by the village. The application These sign regulations are intended to comple- shall be accompanied by a filing fee of one went the requirements of the building and elec- hundred fifty dollars ($150.00). trical codes adopted by the village. Wherever there is inconsistency between these regulations (F) Enforcement. The building official may inl- and the building or electrical code, the more tiate action before the code enforcement board of stringent requirements shall apply. the village to obtain compliance with this code. (C) Nonconforming signs. All building wall sign (G) Maintenance. structures, awning signs, pole sign structures and ground sign structures erected within the village (1) All signs, including their supports, braces, that do not conform to the terms of this code shall guys and anchors, electrical parts and conform by October 14, 2003, or be removed from lighting fixtures, and all painted and dis- the premises. A face change on a building wall play areas, shall be maintained in accor- sign, awning sign, pole sign or ground sign will dance with the building and electrical not require the sign to conform. All other signs codes adopted by the village, and shall and outdoor displays shall conform within thirty present a neat and clean appearance. The (30) days of the effective date of this article. A vegetation around the base of ground signs nonconforming sign may not be enlarged or al- shall be neatly trimmed and free of un- tered to increase its nonconformity. Should any sightly weeds, and no rubbish or debris nonconforming sign be damaged by any means to that would constitute a fire or health an extent of more than fifty (50) percent of its hazard shall be permitted under or near replacement cost at the time of damage, it shall the sign. not be reconstructed or repaired except in confor- mity with the provisions of this article. (2) ~y sign now or hereafter existing which no longer advertises a bona fide business (D) Appeals and review. The applicant may file conducted or a product sold shall be taken an appeal to the village council on any ruling by down and removed by the owner, agent or the planning commission as to this Sign Code in person having the beneficial use of the accordance with section 6-35 of the Village Code. building or structure upon which sign (E) Variance. may be found within ten (10) days after written notification from the building. of- (1) Permanent sign. Dimensional restrictions ficial. Upon failure to comply with such outlined in this Code or viewing obstacles notice within the specified time in such shall be considered the only grounds of a order, the building official is hereby au- hardship for appeal from the regulations thorized to cause removal of such sign and Supp. No. 23 398.6 BUILDINGS AND BUILDING REGULATIONS § 6-111 any expenses incident thereto shall be Erect a sign. To construct, reconstruct, build, paid by the owner of the building or relocate, raise, assemble, place, affix, attach, structure to which said sign is attached. create, paint, draw, or in any other way bring (H) Definitions. into being or establish a sign but it shall not include any of the foregoing activities when Accessory sign. A permanent ground or build- performed as an incident to routine mainte- ingwall sign that is permitted under this Code nance. as incidental to an existing or proposed use of frontage. The length of the property line of land. any one parcel along the main street on which Advertising. Sign copy intended to directly it borders. or indirectly promote the sale or use of a Ground sign. A sign that is supported by a product, service, commodity, entertainment, or three (3) foot high maximum base. The sign real or personal property. and base shall be monolithic, shall generally Awning. An architectural projection that pro- have a columnar line and shall essentially have vides weather protection, identity and/or deco- the same contour from grade to top. A sign ration and is wholly supported by the building which is independent of any building for sup- towhich it is attached. An awning is comprised port. of a lightweight, rigid or retractable skeleton over which an approved cover is attached. Harmful to minors. With regard to sign content, any description or representation, in Awning sign. A sign painted on, printed on whatever form, of nudity, sexual conduct, or or attached flat against the surface of the sexual excitement, when it: awning. (1) Predominately appeals to the pruri- Back Zit awning. An .internally illuminated ent, shameful, or morbid interest of awning with translucent covering. minors in sex, and Building wall sign. A sign displayed upon or (2) Is patently offensive to contempo- attached to any part of the exterior of a build- racy standards in the adult commu- ing, including walls, windows, doors, parapets, pity as a whole with respect to what awnings and roof slopes of forty-five (45) de- is suitable sexual material for mi- grees or steeper. nors, and Changeable copy sign. A sign which is visible (3) Taken as a whole, lacks serious lit- from outside a building and which is character- erary, artistic, political, or scientific ized by changeable copy, regardless of method value. of attachment of the .copy. The term "harmful to minors" shall also in- Commercially developed parcel. A parcel of clude any non-erotic word or picture when it: property on which there is at least one walled and roofed structure used, or designed to be (1) Is patently offensive to contempo- used, for other than residential or agricultural rary standards in the adult commu- nity as a whole with respect to what purposes. is suitable for viewing by minors, Copy. The linguistic or graphic content of a and sign. (2) Taken as a whole, lacks serious lit- Directional sign. An on premises sign de- erary, artistic, political, or scientific signed to guide or direct pedestrians or vehic- value. ular traffic. Height of a sign. The height of a sign shall be Electric sign. Any sign containing electric measured as the vertical distance from the wiring. finished grade, excluding berms, at the base of Supp. No. 23 398.7 6-111 NORTH PALM BEACH CODE I ~i the supporting structure to the top of the sign, Painted wall sign. A sign painted on a wall or its frame or supporting structure, whichever or on any other surface or part of a building or is higher. structure. Illuminated sign. A sign which contains a Parcel. A unit of land within legally estab- source of light or which is designed or arranged lished property lines. If, however, the property to reflect light from an artificial source includ- lines are such as to defeat the purposes of this ing indirect lighting, neon, incandescent lights, Code or lead to absurd results, a "parcel" may back-lighting, and shall also include signs with be as designated for a particular site by the reflectors that depend upon automobile head- building official. lights for an image. Permanent. Designed, constructed and in- Logo. Any symbol, trademark, picture or tended for more than short term use. other graphic representation which is used to signify or identify the particular business or Pole sign. A sign supported permanently upon the ground by poles or braces and not organization. attached to any building. Marquee. A structure projecting from and portable sign. Any sign which is manifestly completely supported by a building and which designed to be transported by trailer or on its extends beyond the building line or property own wheels, including such signs even though line and fully or partially covers a sidewalk, the wheels maybe removed and the remaining public entrance or other pedestrian way. chassis or support structure converted to an A Multiple occupancy complex. A commercial or T frame sign and attached temporarily or use, i.e. any use other than residential consist- permanently to the ground. ing of a parcel of property, or parcel of contig- Roof line. A horizontal line intersecting the uous properties, existing as a unified or coor- highest point or points of a roof. dinated project, with a building or buildings housing more than one occupant. Roof sign. Asign placed above the roof line of a building or on or against a roof slope of less Neon tube sign. A sign electrically lighted by than forty-five (45) degrees. exposed tubes containing inert gas and visible from outside of a building. Sign. Any writing, pictorial presentation, number, illustration, or decoration, flag, ban- Nonconforming sign. A sign existing at the ner or pennant, balloon, search light, or other effective date of the adopting of this article device which is used to announce, direct atten- which could not be built under the terms of this Lion to, identify, advertise or otherwise make article. anything known. The term sign shall not be Occupant (occupancy). The use of a building deemed to include the terms "building" or "land- or structure, or any portion thereof for commer- scaping," or any architectural embellishment. j of a building not intended to communicate cial transactions. information. Off site /premise sign. A sign advertising an Sign face. The part of a sign that is or ma be Y establishment merchandise se 'ce or en - rvi ter used for copy. tainment, which is not sold, produced, manu- factured or furnished at the property on which Sign face area. The area of any regular said sign is located. geometric shape which contains the entire sur- face area of a sign upon which copy may be Outline neon lighting. An arrangement of placed. electric discharge tubing to outline or call at- tention to certain features such as the shape of Sign structure. Any construction used or a building or the decoration of a window. designed to support a sign. t Supp. No. 23 398.8 BUILDINGS AND BUILDING REGULATIONS § 6-112 Street. A public or private right-of--way for greater than three (3) feet above ground. vehicular traffic, including highways, thorough- Only one (1) such sign shall be allowed at fares, lanes, roads, ways, and boulevards. each point of ingress and egress, provided Temporary sign. A sign which is intended to such signs do not create a traffic or pedes- advertise community events, civic projects, po- trian hazard. (See section 6-116(D)) No litical candidacy, political issues, real estate for names or logos permitted. sale or lease or other special events on a short (C) Signs necessary to promote health, safety term basis. and welfare, and other regulatory, statu- Unit. That part of a multiple occupancy tort', traffic control or directional signs complex housing one occupant. erected on public property with permis- Vehicle sign. A sign of any nature attached sion as appropriate from the State of to, affixed in any manner or painted on a motor Florida, the United .States, the County of vehicle or trailer. Palm Beach, or the Village of North Palm Beach. (I) Permits. (1) A sign shall not hereafter be erected, (D) Legal notices and official instruments. constructed, altered or maintained except (E) Decorative flags and bunting fora cele- as provided in this Code, until after a bration, convention, or commemoration of permit for the same has been issued in significance to the entire communitywhen accordance with the permitting proce- authorized by the village manager for a dures of the building code. period, not to exceed thirty (30) days. (2) Fees. Fees shall be based on the construe- (F) Holiday lights and decorations, erected tion valuation as set forth in the building during the appropriate holiday season, code. shall comply with all building and electri- (3) Exemption. Temporary signs are exempt cal codes. Holiday lights and decorations from the requirement of obtaining aper- may be erected no earlier than four (4) mit or paying a fee, but they shall be weeks prior to the subject holiday with subject to the other provisions of this the exception of the Christmas/Hanukkah chapter. holidays. Christmas/Hanukkah lights and (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 1, decorations maybe erected no earlier than 8-11-94; Ord. No. 10-99, § 1, 2-11-99) October 15th. All holiday lights and deco- rations must be removed within two (2) Sec. 6-112. Exempt signs. weeks following the holiday. The following signs are exempt from the oper- (G) Merchandise displays behind storefront ation of these sign regulations, and from the windows so long as no part of the display requirement in this Code that a permit be ob- moves or contains flashing lights. tamed for the erection of permanent signs, pro- vided they are not placed or constructed so as to (H) Memorial signs or tablets, names of build- create ahazard of any kind: ings and dates of erection when cut into (A) Signs that are not designed or located so any masonry surface or when constructed as to be visible from any street or adjoin- of bronze or other incombustible materi- ing property. als and attached to the surface of a build- ing. (B) Parking area directional signs may be erected at each point of ingress and egress (I) Signs incorporated into machinery or equip- to aparking lot or parking area. Such went by a manufacturer or distributor, signs shall not exceed two (2) square feet which identify or advertise only the prod- inbackground area nor extend to a height uct or service dispensed by the machine or Supp. No. 23 398.9 I i § 6-112 NORTH PALM BEACH CODE equipment, such as signs customarily af- (7) Outline neon lighting used on commer- fixed to newspaper racks, telephone booths, cially developed parcels for commercial and gasoline pumps. purposes.. (J) Advertising and identifying signs located (8) Signs, commonly referred to as wind signs, on taxicabs, buses, trailers, trucks, vehi- consisting of one or more banners, flags, cles or vehicle bumpers, subject to the pennants, ribbons, spinners, streamers or regulations of section 6-113(B)(23) of this captive balloons, or other objects or mate- Code. rial fastened in such a manner as to move (K) Public warning signs to indicate the dan- upon being subjected to pressure by wind. gers of trespassing, swimming, animals or (9) Signs that incorporate projected images, similar hazards. emit any sound that is intended to attract (L) Works of art that do not constitute adver- attention, or involve the use of live ani- tising. mals. (M) Signs carried by a person. (10) Signs that emit audible sound, odor, or visible matter such as smoke or steam. (N) Religious displays. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 25-2001, (11) Signs or sign structures that interfere in § 1, 8-23-O1) any way with free use of any fire escape, emergency exit, standpipe, or that ob- Sec. 6-113. Prohibited signs. struct any window to such an extent that light or ventilation is reduced to a point (A) Generally. It shall be unlawful to erect or below that required by any provision of ~- keep any sign not expressly authorized by, or this Code or other ordinance of the vil- exempted from, this Code. lage. (B) Specifically. The following signs are ex- (12) Signs that resemble any official sign or pressly prohibited unless exempted by section marker erected by any governmental 6-112 of this Code or expressly authorized by agency, or that by reason of position, shape section 6-114, or section 6-115 of this Code: or color, would conflict with the proper (1) Signs that are in violation of the building functioning of any traffic sign or signal, or code or electrical code adopted by the illumination that may be reasonably con- village. fused with or construed as, or conceal, a traffic-control device. (2) Any sign that constitutes a safety hazard. (13) Signs that obstruct the vision of pedestri- (3) Blank temporary signs. ans, cyclists, or motorists traveling on or (4) Signs with visible moving, revolving, or entering public streets. rotating parts or visible mechanical move- (14) Non-governmental signs that use the words went of any description or other apparent "stop," "look," "danger," or any similar visible movement achieved by electrical, word, phrase, or symbol. electronic, or mechanical means, except for traditional barber poles. (15) Signs, within ten (10) feet of public right- of-way or one hundred (100) feet of traffic- (5) Signs with the optical illusion of move- control lights, that contain red or green went by means of a design that presents a lights that might be confused with traffic pattern capable of giving the illusion of control lights. motion or changing of copy. (16) Signs that are of such intensity or bril- (6) Signs with lights or illuminations that liance as to cause glare or impair the flash, move, rotate, scintillate, blink, flicker, vision of any motorist, cyclist, or pedes- or vary in intensity or color. trian using or entering a public way, or Supp. No. 23 398.10 BUILDINGS AND BUILDING REGULATIONS § 6-113 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 (18) 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 any portion of any sidewalk or street, 3. Is parked within thirty (30) feet except house numbers and traffic control of any street right-of--way. signs. (24) Signs displaying copy that is harmful to (20) Signs placed upon benches, bus shelters minors as defined by this code. or waste receptacles. (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 poles) 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 for 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 of twenty 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 the words "cash" street right-of--way; and and "credit." 2. Is visible from the street right- 3. The 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 more than sixty (60) consecutive min- code. Supp. No. 23 398.11 § 6-113 NORTH PALM BEACH CODE (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- bers. 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 carnivals, revivals, 8-18-94; Ord. No. 37-97, § 1, 8-28-97; Ord. No. sporting events, garage sales, or any 12-2000, § 1, 4-27-00) public, charitable, educational or re- ligious event or function. Such mes- Sec. 6-114. Permitted temporary signs. sage shall be removed within two (2) (A) Where allowed. Temporary signs are al- working days after the special event. Approval of the size and locations of lowed throughout the village, subject to the re- the signs by the department of pub- strictions imposed by this section and other rele- lic services is required. want parts of this Code. Temporary signs do not require a building permit. d. Political sign. Nothing shall be con- strued to regulate the content or (B) Sign types allowed. A temporary sign may internal design of a political sign. be a pole, ground or building wall sign, but may Such sign shall be removed not more not be an electric sign. than seven (7) calendar days follow- (C) Removal of illegal temporary signs. Any ing the event advertised by the sign. temporary sign not complying with the require- (E) Permissible size, height and number of ~ ments of this section is illegal and subject to temporary signs. immediate removal by the village forces. (1) One-family and two-family residences. A i, (D) Restrictions on content of temporary signs. parcel on which is located a single one- A temporary sign may display any message so family or two-family residence may dis- long as it is not: play not more than one temporary sign (1) Harmful to minors as defined by this with a sign area of not more than five (5) code. square feet.. No sign shall exceed five (5) (2) Advertising as defined by this code, ex- feet in height. Front setback shall be ten (10) feet and side setback shall be three cept that advertising for the following (3) feet. purposes may be displayed: a. To indicate that an owner, either (2) Multi family residences. Aparcel on which is located amulti-family residence may personally or through an agent, is display not more than. one (1) temporary actively attempting to sell, rent or sign with a sign area of not more than lease the property on which the sign thirty-two (32) square feet. No individual is located.. sign shall exceed eight (8) feet in height. b. To identify construction in progress. Front setback shall be ten (10) feet and Such message shall not be displayed side setback shall be three (3) feet. more than sixty (60) days prior to (3) On all other parcels. All other parcels may the beginning of actual construction display not more than one (1) temporary of the project, and shall be removed. sign with an aggregate sign area of not when construction is completed. If a more than sixteen (16) square feet. No message is displayed pursuant to this section, but construction is not sign shall exceed eight (8) feet in height. initiated within sixty (60) days after (4) AZL areas. Three (3) temporary political the message is displayed, or if con- signs, each not exceeding five (5) square Supp. No. 23 398.12 BUILDINGS AND BUILDING REGULATIONS § 6-115 feet in sign area and not more than five code, noncommercial messages, by their (5) feet in height, may be displayed on a very nature, shall never be deemed off- parcel. premises. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 32-2000, § 1, 10-12-00) (C) Permissible number, area, spacing and height of permanent accessory signs. Sec. 6-115. Permitted permanent accessory (1) Ground signs: signs. a. Multi-family buildings with more (A) Sign types allowed. A permanent accessory than four (4) dwelling units. sign may be a ground or building wall sign. Number -One (1) maximum. (B) Content. A permanent accessory sign may Sign Area -Maximum thirty-two only display any combination of the following, (32) square feet. none of which may be harmful to minors as Height -Eight (8) feet maximum. defined in this Code. Set back, Minimum -Ten (10) feet (1) Letters depicting the name of the building front -three (3) feet side. or the name of the building occupant. b. Commercial occupancy: (2) Letters depicting the nature of the busi- Number -One sign per parcel right- ness and that are a maximum of fifty (50) of-way frontage maximum. percent of the height of the letters in paragraph (B)(1) of this section. Sign Sign Sign Face Setback Height Are¢ (3) A logo symbol for the building or the Minimum Maximum Maximum building occupant which does not exceed 5 ft. 8 ft. 30 sq. ft. fifty (50) percent of .the allowable sign 10 ft. 8 ft. 36 sq. ft. area. 20 ft. 10 ft. 40 sq. ft. (4) Street address number and/or name. 30 ft. l0 ft. 45 sq. ft. (5) Noncommercial message. Notwithstand- (2) Building wall signs: ing anything contained in other sections a. Subject to the design criteria of this of the Code of the village to the contrary, article, the maximum mounting any sign erected pursuant to the provi- height of a building wall sign shall sions of this code may, at the option of the be eighteen (18) feet, except that on applicant, contain either anoncommer- a building of more than two (2) sto- cial message unrelated to the business Ties, a single building wall sign is located on the premises where the sign is allowed above eighteen (18) feet fac- erected or a commercial message related ing each public street frontage. to the business and located on the busi- ness premises. The noncommercial mes_ b. Each multiple occupancy complex sage may occupy the entire sign face or may display one (1) permanent ac- portion thereof. The sign face may be cessory building wall identification changed from commercial to noncommer- sign facing each public street front- cial messages as frequently as desired by age on the principal building in which the owner of the sign, provided that the the complex is located, not to exceed size and design criteria conform to the a sign area of twenty (20) square applicable portions of this code, the sign is feet. allowed by this code, the sign conforms to c. Each occupant of a multiple occu- the requirements of the applicable zoning pancy complex that has a licensed designation and the appropriate permits building frontage which has direct are obtained. For the purposes of this sign ground level walk-in access from a Supp. No. 23 398.13 § 6-115 NORTH PALM BEACH CODE public or private roadway or side- feet in background area nor exceed three (3) feet walk may display one (1) permanent in height. Such signs shall not create a traffic or ' accessory building wall sign on any pedestrian hazard. (See section 6-112(B)). exterior portion of the complex that is part of the occupant's unit (not (E) Signs at entrances to residential develop- ments. including a common or jointly owned area), and that has a maximum sign (1) Generally. A permanent accessory sign area of five (5) percent of the facade may be displayed at the entrance to resi- area if the front building setback is dential developments. twenty-five (25) feet minimum, seven (2) Restrictions. (7) percent of the facade area if the front building setback is seventy (70) a. One (1) sign is permitted at only one feet minimum and ten (10) percent (1) entrance into the development from each abutting street. The sign of the facade area if the front build- may be a single sign with two (2) ing setback is one hundred (100) feet faces of equal size or may be two (2) minimum. Exception: An occupant single-faced structures of equal size that has building facade area facing located on each side of the entrance. multiple public street frontages may No face of the sign shall exceed thirty- have one (1) full size wall sign facing two (32) square feet in size, and may a public street frontage and aone- be illuminated in a steady light only. half (~/2) size wall sign facing the other street frontages. b. When considering the placement of such signs, the planning commission d. Each occupant of a single occupancy shall consider the location. of public complex may display one (1) perma- utilities, sidewalks and future street vent accessory wall sign on the grin- widening. cipal building in which the occu- c. The planning commission shall en- pancy is located, not to exceed a sign sure that such signs shall be main- area of five (5) percent of the facade tained perpetually by the developer, area if the front building setback is the owner of the sign, a pertinent twenty-five (25) feet minimum, seven owners' association, or some other (7) percent of the facade area if the person who is legally accountable front building setback is seventy (70) under a maintenance arrangement feet minimum and ten (10) percent approved by the village council. If no of the facade area if the front build- accountable person accepts legal re- ingsetback is one hundred feet (100) sponsibility to maintain the signs minimum. and no other provision has been made Exception: An occupant that has for the maintenance of them, the building facade area facing multiple signs shall be removed by the devel- public street frontages may have one oper or owner. (1) full size wall sign facing a public (F) Flags. ~ street frontage and one-half (1/2) size wall sign facing the other street front- (1) Number. Not more than three (3) flags or ages. insignias of governmental, religious, char- itable, fraternal or other organizations (D) Directional signs. One (1) parking area may be permanently displayed on any one parcel of land. directional sign may be erected at each point of ingress and egress to a parking lot or parking (2) Size. The maximum distance from top to area. Such signs shall not exceed two (2) square bottom of any flag or flags shall be twenty Supp. No. 23 398.14 BUILDINGS AND BUILDING REGULATIONS § 6-116 (20) percent of the total height of the flag operation of the village and its various pole, or in the absence of a flag pole, governmental, recreation and proprietary twenty (20) percent of the distance from operations. the top of the flag or insignia to the ground. The maximum height of a flag (3) Size-Height-Location. Shall be no pole shall be twenty (20) feet. greater than the signs allowed in adjacent zoning districts. (G) Utility signs. Public utility signs that iden- (4) Additional signs. The following additional tify the location of underground utility lines and signs are permitted: Locational and direc- facilities, high voltage lines and facilities, and tional signs at outdoor public recreation other utility facilities and appurtenances are per- park and sporting events which may in- mitted so long as they do not exceed three (3) feet elude advertising logo of the entity spon- in height, and so long as the sign face does not Boring the activity or event being held on exceed one-half (~/2) square foot. publicly owned property, including, but not limited to youth athletic associations, (H) Street numbers. organized team competitions, swimming (1) Generally. Every building in the village meets, tennis tournaments and golf course shall have its street number so affixed to benches with direction and ball washing the building or the premises upon which facilities at each tee. the building is located that it is both (J) Strings of white light bulbs. Strings of visible and legible from the public street. white light bulbs may be permanently permitted (2) Commercial buildings. Every commercial to outline buildings and decorate trees on com- building with a wall facing an alley shall mercially developed property provided that such have each individual tenancy street num- display does not interfere with neighboring land ber affixed to the building above or next to uses. A building permit is required. the rear door serving each tenancy so that (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 3, the number is both visible and legible 8-11-94; Ord. No. 10-99, § 2, 2-11-99; Ord. No. from the alley. The street numbers shall 22-2000, § 1, 8-24-00; Ord. No. 31-2001, § 2, be reflective. 10-25-01) (3) Height-Color. All street numbers shall Sec. 6-116. Measurement determinations. be a minimum of three (3) inches in height on residential buildings and a minimum (A) Facade area. The facade area shall be of six (6) inches on commercial buildings. measured by determining the area within atwo- Maximum height of all street numbers dimensional geometric figure coinciding with the shall be eight (8) inches. All street num- edges of the walls, windows, doors, parapets, bers shall be a sharply contrasting color marquees, and roof slopes of greater than forty- with the building. five (45) degrees that form a side of a building or unit. (4) Maintenance. It shall be the duty of the owner of the building to maintain the (B) Sign area. numbers on the building in good condi- (1) Generally. The area of a sign shall be the tion. area within the smallest square, rectan- (I) Signs in P Public Zoning District. gle, parallelogram, triangle, circle or semi- . circle, the sides of which touch the ex- (1) Type-On premise, wall and ground signs. time points or edges of the sign face. (2) Number-Such number as shall be per- (2) Special situations. mitted by the village council, in its discre- (a) Where a sign is composed of letters Lion, to assist in the administration and attached directly to a facade, win- Supp. No. 23 398.14.1 § 6-116 NORTH PALM BEACH CODE dow, door, or marquee, and the let- ters are not enclosed by a border or trimming, the sign area shall be the area within the smallest rectangle, I~ parallelogram, triangle, circle or semi- circle, the sides of which. touch the extreme points of the letters or pic- tures. (b) Where two (2) sign faces are placed back to back on a single sign struc- ture, and the faces are at no point more than four (4) feet apart, the area of the sign shall be counted as the area of one (1) of the faces. (c) Where three (3) or more sign faces are arranged in a square, rectangle, or diamond, the area of the sign shall be the area of the two (2) larg- est faces. (C) Number of signs.. (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. (b) If a sign has four (4) faces arranged in a square, rectangle or diamond,, it shall be counted as two (2) signs. (D) Sign height. The height of a sign shall be measured as the vertical distance from the fin- ished grade, excluding berms, at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. (Ord. No. 24-93, § 2, 10-14-93) Sec. 6-117. Design, construction, and loca- tion standards. (A) Generally. All permanent signs must com- ply with the following design, construction and location standard. Supp. No. 23 398.14.2 HOUSING § 15-2 Sec. 15-1. Housing code-Adopted by refer- justments and appeals. Such appeal shall state ence. the location of the property, the date of the The Village Council of the Village of North notice of violations, and the number of such Palm Beach, Florida, does hereby adopt by refer- notice. The appellant must state the variance ence the Standard Housing Code, 1997 Edition, of or modification requested, the reasons therefor, the Southern Building Code Congress Interna- and the hardship or conditions upon which the tional, Inc., as the housing code for the village. appeal is made. Appeals shall be on forms There have been for at least ten (10) days last Provided by the department of public services, and shall be accompanied by a filing fee of one past and shall be during the time that this code is hundred fifty dollars ($150.00). in effect, three (3) copies of such code and recom- - mended amendments kept available for public Section 202. Definitions use inspection and examination. (Code 1970, § 19.3-11; Ord. No. 8-75, § 1, 7-10-75; The definitions for "dwelling" and "family" Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, contained within section 202, Definitions, are 10-9-80; Ord. No. 8-83, § 1, 8-25-83; Ord. No. hereby amended to read as follows: 21-86, § 1, 11-13-86; Ord. No. 5-90, § 1, 3-8-90; Dwelling is any building or structure de- Ord. No. 3-92, § 1, 2-27-92; Ord. No. 27-2001, § 2, signed exclusively for residential occupancy. A 9-13-O1) dwelling may be designed for one-family, two- Cross references-Restrictions on living aboard house- family or multiple-family OCCUparicy, but not boats, § 5-15; building, gas, mechanical and plumbing codes including hotels, clubs, motels, boarding or adopted, § 6-16; electrical code adopted § 11-11; fire prevention code adopted § 12-16. lodging houses or house trailers whether such trailers be mobile or located in stationary fash- Sec. 15-2. Same-Amendments. ion as when on blocks or other foundation. The following amendments and additions are Family shall mean one or more persons hereby made to the housing code adopted by living in the same single or multiple family section 15-1 of this code: dwelling unit, all of whom are related by blood, marriage or adoption, or a group of persons all 102.1 Enforcement Officer. of whom are not so related which does not There is .hereby established by the applica- exceed two (2) unrelated persons in number. ble governing body provisions for the enforce- This term shall not include the occupants of a went of this code by the housing official. The rooming or boarding house, group home/congre- director of public services shall serve as the gate living facility or other similar use with housing official. shared cooking or sanitary facilities. 106.1 Appointment. 305.15. Accessory Structures. There is hereby established a board to be Garages, storage buildings, docks, piers, boat called the housing board of adjustments and hoists, dolphin poles, bulkheads, swimming appeals. The board shall be appointed by the pools and the waters therein, screen enclo- village council. The construction board of ad- sures, fences, walls, driveways, sidewalks, an- justments and appeals established by Chapter tennas and all other accessory structures shall 6 of the village Code shall act as the housing be maintained and kept in good repair and board of adjustments and appeals. sound structural condition. All sections of this code are applicable as determined by the build- Section 107. Appeal. ing official subject to standard appeal as out- Anyperson receiving written notice from the lined in section 107. housing official of deficiencies in his property 307.4. Care of Premises. under this Code may within thirty (30) days following the date of such notice enter an It shall be unlawful for the owner- or occu- appeal in writing to the housing board of ad- pant of a residential building, structure or Supp. No. 23 947 § 15-2 NORTH PALM BEACH CODE property to utilize the premises of such resi- breaks, broken glass, crumbling stone, brick or dential property for the open storage of any stucco or other conditions reflective of deteriora- abandonedmotor vehicle, abandoned boat, aban- tion or inadequate maintenance. doned trailer, ice box, refrigerator, stove, glass, All building exterior wall surfaces shall be kept building material, building rubbish or similar free of faded or chipped paint, and shall be main- items. It shall be the duty and responsibility of twined in repair and condition to prevent deterio- every owner or occupant to keep. the premises ration, and must be repainted, recovered or cleaned of such residential property clean and to re- when twent -five (25) ercent or more of an move from the premises all such abandoned y p y items listed above. exposed surface becomes discolored or is peeling. All off=street parking spaces and driveways shall Landscaping. be asphalt, concrete, block, brick or similar smooth durable surface and shall be kept in repair. The entire yard where exposed to public view must be landscaped. Play areas, flowerbeds, drive- 308.1 Compliance Exceptions. ways, walks, etc., not intended to have vegetative No person shall operate a rooming house, or cover should be clearly defined and maintained shall occupy or let to another for occupancy any free of uncultivated growth. rooming unit in any rooming house, except in compliance with the provisions of every section Landscaping shall be maintained so as to present of this code except the provisions of 301 and a healthy, neat and orderly appearance at least 302. equal to the original installation and shall be (Code of 1970, § 19.3-12; Ord. No. 8-75, § 1, mowed or trimmed in a manner and at a fre- 7-10-75; Ord. No. 14-77, § 1, 7-14-77; Ord. No, quency so as not to detract from the appearance of 28-80, § 1, 10-9-80; Ord. No. 21-86, § 1, 11-13-86; the general area. Any grass and brush growing in Ord. No. 5-90, § 2, 3-8-90; Ord. No. 3-92, § 2, excess of nine (9) inches in height, dead trees, 2-27-92; Ord. No. 27-2001, § 3, 9-13-O1) trash and garbage shall be removed from the premises. Landscaping shall be maintained to minimize property damage and public hazards, including the removal of low hanging branches over sidewalks and paved areas and those ob- structing street lighting and traffic control signs. Landscaping shall be kept free of visible signs of insects and disease and appropriately irrigated and fertilized to enable landscaping to be in a healthy condition. All roadways, curbs and sidewalks shall be edged to prevent encroachment from the adjacent turf areas. Buildings, Structures. I ' The exterior of all premises and every structure thereon where exposed to public view, shall be maintained in a condition that shall not show evidence of deterioration. All screened. enclosures shall be properly fitted and maintained. All sur- faces shall be maintained free of weathering, discoloration, ripping, tearing or other holes or Supp. No. 23 948 [The ne%t page is 997] APPENDIX C-ZONING § 45-2 ARTICLE I. IN GENERAL Antiques: Objects of an earlier period such as furniture, jewelry, stamps, coins, miniaturized Sec. 45-1. Short title. replicas, works of art, or other decorative articles that are collected primarily because of their age, The provisions embraced within this ordinance history, or expectation of increasing value. shall be known as the "zoning code" and may be so cited. Child care facility means a licensed facility with more than five (5) children that are unre- Sec. 45-2. Definitions. lated to the operator of the facility and which For the purpose of this ordinance, certain words complies with F.S. chapter 402. and terms are defined as follows: Community residential home, as defined in F.S. Accessory use is a use customarily incident and chapter 419, means a dwelling unit licensed to accessory to the principal use of land or building serve clients of the department of health and rehabilitative services, which provides a living located on the same lot. environment for seven (7) to fourteen (14) unre- Accessory building shall include a building lated residents who operate as the functional customarily incident and accessory to the princi- equivalent of a family, including such supervision pal use of land or building located on the same lot. and care by supportive staff as maybe necessary In R-1 and R-2 residential dwelling districts an to meet the physical, emotional, and social needs accessory building shall be limited to an automo- of the residents. bile garage. Decorative post structure is the support base for Adult entertainment. Adult entertainment means alight fixture and shall comply with the following any adult arcade, adult theater, adult booth, adult requirements: bookstore/adult video store, adult motel or adult dancing establishment as defined in Ordinance (1) The installation of a decorative post struc- No. 88-31, Palm Seach County Adult Entertain- ture shall comply with all village build- ment Code; or any establishment or business ing, electrical and zoning codes. operated for commercial gain where any em- (2) Free standing. ployee, operator or owner exposes his/her speci- fied anatomical area for viewing by patrons, in- (3) Conform with the architectural design of cluding but not limited to: massage establishments the main building veneer. whether or not licensed pursuant to Chapter 480, Florida Statutes, tanning salon, modeling studio, (4) May be located within the main building or lingerie studio. setback areas. Antenna is a transmitting or receiving device (5) Not more than two (2) decorative post used in communications that radiates or captures structures per driveway entrance and not electromagnetic waves, digital signals, analog sig- more than four (4) decorative post struc- nals, radio frequencies (excluding radar signals), tures per lot. wireless telecommunications signals or other com- (6) Not more than thirty (30) inches in width munication signals. (See antenna tower for appli- and depth and/or diameter. cable regulations). Antenna tower is a guyed, monopole or self- (7) Not less than eighteen (18) inches setback from any lot line. supporting structure, whether free standing or attached to another structure, containing one or (8) Not more than thirty six (36) inches in more antennas intended for transmitting or re- height without a fixture. Exception: Not ceiving television, AM/FM radio, digital, micro- more than seventy-two (72) inches in height wave, cellular, telephone or similar form of elec- without a fixture when setback amini- tronic communication. mum of thirty-five (35) feet from any side Supp. No. 23 2481 § 45-2 NORTH PALM BEACH CODE lot line or rear lot line on corner lots and (5) or fewer preschool children from more than not less than thirty-six (36) inches from one unrelated family and which receives apay- any public right-of--way. went, fee or grant for any of the children receiving Detached fence storage area is a storage area care, whether or not operated for profit. The attached to a fence erected on the property line in maximum five (5) preschool children shall include conformance with fence requirements of the North Preschool children living in the home and pre- Palm Beach Code. Such storage area shall not school children received for day care and not exceed three (3) feet in depth nor be longer or related to the resident caregiver. Elementary school siblings of the preschool children receiving day higher than the fence to which it is attached. Said care may also receive day care outside of school storage area shall be constructed of the same hours provided the total number of children, material, design and color as the fence to which it , including the caregiver s own and those related to is attached and the fence and storage area shall the caregiver, does not exceed ten (10). be constructed of opaque materials which prop- erly screen the interior of the storage area from Floor area is all usable floor space within the the view of the adjacent property owners. De- exterior walls of a structure. tached fence storage areas shall not be erected closer to the street than the adjacent front wall of Front, side and rear line of a building shall be the main building. No such storage area shall be deemed and construed to include both the main erected unless its construction conforms to village Portion of such structure and all projections there- from, including any garage, carport or an ex- ordinances. tended roof beyond the normal eave or cornice Drug store is a store engaged in the sale of forming a cover or roof over an entrance to such prescription drugs and other items not necessar- dwelling. Any awnings or shutters supported by ily related to pharmaceuticals. vertical posts, columns or pipes shall also consti- Dwelling is any building or structure designed tute the building line. The building line shall not exclusively for residential occupancy. A dwelling include the eaves of such structures nor any open may be designed for one-family, two-family or terraces, stoops, steps,. or planting boxes which do not extend more than four (4) feet above the level multiple-family occupancy, but not including ho- of the yard grade. tels, clubs, motels, boarding or lodging houses or house trailers whether such trailers be mobile or Exception. Cantilevered canvas awnings may ex- located in stationary fashion as when on blocks or tend no more than eight (8) feet into the required other foundation. front, side or rear setback and shall be set back two (2) feet from the side property line. Dwelling unit is a single unit providing com- plete, independent living facilities for one (1) or Front yard is that area between the front more persons including permanent provisions for building line and the front line of the lot, and living, sleeping, eating, cooking and sanitation. extending from one (1) side line to the other. Family shall mean one or more persons living Lamp post is a free standing structure that is in the same single or multiple family dwelling not more than four (4) inches in width and depth unit, all of whom are related by blood, marriage or and/or diameter and not more than eighty-four adoption, or a group of persons all of whom are (84) inches in height. The installation of a lamp not so related which does not exceed two (2) post shall comply with all village building, elec- unrelated persons in number. This term shall not trical and zoning codes. A lamp post may be include the occupants of a rooming or boarding installed within the main building setback area. house, group home/congregate living facility or other similar use with share cooking or sanitary Living area is that area within any dwelling or facilities. rooming unit, measured between the inner sides of the exterior walls, made usable for human Family day care home is an occupied residence habitation, with the following exceptions: Any in which child care is regularly provided for five utility room or storage space that is not accessible Supp. No. 23 2482 APPENDIX C-ZONING § 45-2 from within the principal structure; all common Rear yard is that area between the rear build- corridors, hallways or exits provided for access or ing line and the rear lot line, and extending from vertical travel between stories of apartments of one (1) side line to the other. On all lots the rear multifamily units. yard shall be in the rear of the front yard facing the street. Lot is a parcel of land occupied or to be occupied by one (1) main building and its accessory build- Resident of a community residential home means ings with such open and parking spaces as are any of the following: an aged person as defined in required by the provisions of this ordinance, and F.S. chapter 400; a physically disabled or handi- having its principal frontage upon a street. capped person as defined in F.S. chapter 760; a developmentally disabled person as defined in Lot of record is a part of the land subdivision, F.S. chapter 393; a nondangerous mentally ill the map of which has been recorded in the office of person as defined in F.S. chapter 394; or a child as the clerk of the court of Palm Beach County, defined in F.S. chapter 39. Residents, as defined Florida. in F.S. chapters 400, 760, 393 .and 394, shall not reside in the same community residential home Mixed-use commercial means a combination of as a child as defined in F.S. chapter 39. retail commercial and non-retail commercial busi- nesses where non-retail tenants comprise fifty Retail commercial means any business classi- (50) percent or more of the gross floor area. Any fled as a "retail trade" establishment using the combination of retail and non-retail businesses Standard Industrial Code (S.I.C.) System, pro- where the retail component comprises fifty (50) vided that such business is permitted by the percent or more of the gross floor area shall be Village Code of Ordinances. classified as a retail commercial facility. Satellite television antenna is an apparatus Mobile home park means a residential tenancy capable of receiving communications from atrans- inwhich amobile home is placed upon a rented or mitter or a transmitter relay located in planetary leased lot in a park in which ten (10) or more lots orbit. Usable satellite signal is a signal which, are offered for rent or lease. when viewed on a conventional television set, is at least equal in picture quality to that received Motel is a group of two (2) or more attached, from local commercial television stations or by detached, or semidetached buildings containing way of cable television. Satellite dish antennas guest rooms or apartments with automobile stor- may be erected as an accessory structure in R-1 age or parking space provided in connection there- and R-2 zoning districts, subject to the following with, designed and used primarily by automobile restrictions: transients. (1) The satellite television antenna shall be Non-retail commercial means any business clas- mounted on the ground only, and shall be sifted as other than "retail trade" using the Stan- located only in the rear yard of any lot. dard Industrial Code (S.I.C.) System, provided The satellite television antenna shall be that such business is permitted by the Village placed so that there shall be a rear and Code of Ordinances. side yard of not less than five (5) feet, or if a corner lot, a side street yard of not less Occupied shall be deemed to include the words than twenty (20) feet. "arranged," "designed" or "intended to be occu- (2) Such antenna shall not exceed fifteen (15) pied." feet in height, including any platform or Pharmacy is an establishment engaged in the structure upon which said antenna is preparation of prescription drugs and the sale of mounted or affixed. Such antenna may drugs, prosthetic supplies, surgical instruments not exceed fifteen (15) feet in diameter. and supplies, and sale and/or rental of aids for (3) Installation of a satellite television an- invalids. tenna shall comply with the village build- Supp. No. 23 2483 i I I § 45-2 NORTH PALM BEACH CODE ! ing codes, electrical codes, zoning codes ous persons for specific periods of time less than and other village codes that may apply one (1) year in accordance with a fixed time thereto. schedule. (4) Not more than one (1) satellite television Transient commercial means any one, or a antenna shall be allowed on any lot. combination of the following businesses oriented to serving either village residents or the motoring (5) Satellite television antennas shall meet public (i.e. in transit through or visiting the area); all manufacturer specifications, be of non- (1) the sale of fuel, convenience goods and/or combustible and. corrosive-resistant mate- minor vehicular repair services; (2) hotel and/or rial, and be erected in a secure, wind- motel accommodations; (3) restaurant facilities; resistant manner. Every such antenna (4) florist, tobacco store and stand, and hobbies, must be adequately grounded for protec- toys and games. tion against a direct strike of lightning. Used shall be deemed to include the words (6) Satellite television antenna shall be "arranged", "designed" or "intended to be used." screened from all adjoining private prop- erty by an opaque fence, an opaque wall Ward is the open space on the same lot with the or by natural landscape planting so planted main building, unoccupied and unobstructed. from as to provide maximum opacity that is a the ground upward. minimum of six (6) feet in height from Xeriscape means a method of water conserva- grade. tion gained through the utilization of trees, shrubs, vines,. plants, groundcover and turf grasses which Setback means the distance measured from a are drought tolerant. The implementation of ap- side, rear and front lot line or from the currently propriate planning and design, use of soil amend- designated ultimate right-of--way line (i.e., fed- ments, efficient irrigation, practical turf grass, eral, state, county and village) to the closest point use of drought tolerant plants, mulches and ap- within the lot that maybe occupied by a building propriate maintenance results in reduced water or an accessory structure. Front setbacks shall be consumption but still provides a very wide range based on the platted front line of the property or of attractive landscaping alternatives. on the ultimate right-of--way line as determined (Ord. No. 16-71; Ord. No. 22-82, § 1,.12-9-82; Ord. by the village. No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1, 6-28-90; Side yard is that area between the side build- Ord. No. 21-90, § 1, 6-28-90; Ord. No. 23-90, § 1, ing line and the side line of the lot and extending 6-28-90; Ord. No. 10-95, § 1, 3-23-95; Ord. No. from the front building line to the rear building 23-95, § 1, 7-17-95; Ord. No. 29-95, § 1, 9-28-95; line. Ord. No. 4-98, § 1, 1-2-98; Ord. No. 05-2001, § 1, 3-8-O1; Ord. No. 26-2001, § 1, 8-23-01) Story is that portion of a building between the Cross reference-Definitions for Code in general, § 1-2. surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then Sec. 45-3. Interpretation of provisions. the space between any floor and the ceiling next In interpreting and applying the provisions of above it. this ordinance, they shall be held to be the mini- mumrequirements for the promotion of the public Street is any public or private thoroughfare health, safety, morals and general welfare of the which affords the principal means of access to community. abutting property. It may be designated on the map as a street, avenue, boulevard, drive, place, Sec. 45-4. Conflict of provisions. court, road, terrace, way, circle, lane, walk, path or otherwise. (1) It is not intended by this ordinance to interfere with or abrogate or annul any ease- Time-share unit is a dwelling unit in which. the meats, covenants or other agreements between right of use or occupancy circulates among vari- parties. ~ Supp. No. 23 2484 APPENDIX C-ZONING § 45-17 (2) That where this ordinance imposes a greater R-1 Single-family dwelling district restriction upon the use of buildings or premises, R-2 Multiple-family dwelling district or upon the height of buildings, or requires larger R-3 Apartment dwelling district open spaces than are imposed or required by C-A Commercial district other ordinances, rules, regulations or by ease- C-1A Limited commercial district ments, covenants, or agreements, the provisions CB Commercial district of this ordinance shall control. C-1 Neighborhood commercial district C-2 Automotive commercial district Sec. 45-5. Changes and amendments. C-3 Regional business district The village council may, from time to time, on P Public district its own motion or on petition, amend, supple- C-OS Conservation and open space went, change, modify or repeal by ordinance the CC Transitional commercial district boundaries or districts or regulations or restric- In the creation of this ordinance of the respec- tions herein established, after public hearing. tive districts, the village council has given due and careful consideration to the peculiar suitabil- Sec. 45-6. Penalty for violation of provi- ity of each district for the particular uses and sions. regulations applied thereto and to the densities of population, all in accordance with the comprehen- Any person who shall violate any of the provi- sive development plan of the village. sions of this ordinance or fail to comply therewith (Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1, or with any of the requirements thereof, or who 9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No. shall build or alter any building in violation of any 1-95, § 1, 3-23-95; Ord. No. 33-97, § 1, 7-10-97) detailed statement or plan submitted and ap- proved thereunder, upon conviction thereof shall Sec. 45-17. Official zoning map. be punished as provided in section 1-8 [of the village Code], and each day such violation shall be (1) Adopted by reference. The aforesaid dis- permitted to exist shall constitute a separate tricts and the boundaries thereof are as shown offense. The owner or owners of any buildings or upon the "official zoning map" which, together premises or part thereof, where anything in vio- with all explanatory matter thereon, is hereby lation of this ordinance shall be placed, or shall adopted by reference and declared to be part of exist, and any architect, builder, contractor, agent, this ordinance as if the .information set forth on person or corporation employed in connection the map was all fully described .and set out therewith shall each be guilty of a separate of- herein. fense and upon conviction thereof shall be pun- ished as provided in section 1-8. {2) Identification. The official zoning map shall be identified by the signature of the mayor at- Secs. 45-7-45-15. Reserved. tested by the village clerk, and bearing the seal of the village under the following words: "This is to certify that this is the official zoning map referred ARTICLE II. GENERALLY to in section 3 of Ordinance No. 20 of the Village of North Palm Beach, Florida, as amended," to- Sec. 45-16. Division of village into districts; gether with the date of the adoption of this districts enumerated. ordinance. In order to classify, regulate and restrict the (3) Changes. uses of land and buildings, the height and bulk of (a) If, in accordance with the provisions of buildings, the amount of open spaces about build- this ordinance changes are made in dis- ings, intensity of land use, the Village of North trict boundaries or other matter por- Palm Beach, Florida is divided into twelve (12) trayed on the official zoning map, such zoning districts, as follows: changes shall be entered on a new official Supp. No. 23 2485 § 45-17 NORTH PALM BEACH CODE ~ " j zoning map promptly after the amend- pertaining to its adoption. or amendment. Each ment has been approved by the Village replacement official zoning map shall be num- ' Council. The new official zoning map shall bered in consecutive order as adopted. be adopted in accordance with provisions (Ord. No. 208-70, 3-12-70; Ord. No. 26-95, § 1, set forth in Section 45-17(5). 8-24-95) (b) No chan es of an nature shall be made in . g y Sec. 45-18. Boundary conflict interpreta- the official zoning map or matter shown thereon except in conformity with the tions. procedures set forth in subsection (3)(a). Where uncertainty exists as to the boundaries Any unauthorized change of whatever kind of any district shown upon the zoning map, the or any failure to make a change when following rules shall apply: directed by ordinance by any person or persons shall be considered a violation of (1) Where district boundaries are indicated this ordinance and punishable as pro- as following street, alley or lot lines, said vided under section 45-6 of this ordi- lines shall be construed to be such bound- nance. aries. (4) Location; final authority. Regardless of the (2) Where any public street or alley is here- after officially vacated or abandoned, the existence of purported copies of the official zoning regulations applicable to each parcel of map which may,. from time to time, be made or abutting land shall apply to the portion of published, the official zoning map which shall be such street or alley added thereto by vir- located in the office of the village clerk shall be tue of said vacation or abandonment. the final authority as to the current zoning status of land and water areas, buildings, and other (3) Incase any further uncertainty exists, the structures in the village. village council shall interpret the intent of the map as to the location of such (5) Damaged; destroyed, etc. In the event that boundaries. the official zoning map becomes damaged, de- stroyed, lost or difficult to interpret because of the Sec. 45-19. Buildings and uses to conform to nature or number of changes and additions, the district regulations. village council .may, by resolution, adopt a new ~ official zoning map which shall supersede the Except as hereinafter provided: prior official zoning map. The new official zoning A. No building shall be erected, reconstructed map may correct drafting or other errors or orris- or structurally altered, nor shall any build- sions in the prior official zoning map, but no such ing or land be used which does not comply corrections shall have the effect of amending the with the regulations for the district in original official zoning map or any subsequent which such building or land is located. amendment thereto. The new official zoning map shall be identified by the signature of the mayor B. No building shall be erected, reconstructed attested by the village clerk and bearing the seal or structurally altered to exceed the height of the village under the following words: "This is or bulk limits herein established for the to certify that this official zoning map supersedes district in which such building is located. and replaces the official zoning map adopted (date C. The minimum open spaces around a main of adoption of map being replaced) as part of building as provided for in this ordinance Ordinance No. 20 of the Village of North Palm shall not be encroached upon or be con- Beach, Florida." sidered as open spaces for any other build- Unless the prior official zoning map has been ing. lost, or has been totally destroyed, the prior map D. There shall not be more than one (1) main or any significant parts thereof remaining shall building and its customary accessory build- be preserved, together with all available records ing on a lot as defined by this ordinance. t Supp. No. 23 2486 APPENDIX C-ZONING § 45-20 E. The types, location and uses of buildings tricts, educational institutions, religious institu- and land publicly owned and used in the tions, parks and other commercial enterprises are performance of a public function may be located in areas free from the secondary effects of permitted in any district, provided such adult entertainment establishments. type, location and use is approved by the village council. The village council may The location of residential zones, educational limit the length of time of such type, institutions, religious institutions, parks and other location and use. commercial enterprises within viable, unblighted (Ord. No. 2-82, § 1, 1-28-82) and desirable areas support the preservation of property values and promote the health, safety Sec. 45-20. Adult entertainment establish- and welfare of the public at large. ment. (2) Findings of fact. Based on the evidence and (1) Legislative intent. The intent of the village testimony presented at first reading and public council in adopting this section is to establish hearing, the Village Council of the Village of reasonable and uniform regulations for the adult North Palm Beach reaffirms the findings of fact entertainment industry that will protect the health, contained within the Palm Beach County Adult safety, property values, and general welfare of the Entertainment Code and on the findings incorpo- people, businesses, and industries of the Village rated in the United States Attorney General's of North Palm Beach. It is not the intent of the Commission on Pornography (1986): "A Summary Village Council to legislate with respect to mat- of a National Survey of Real Estate Appraisers ters of obscenity. These matters are regulated by Regarding the Effect ofAdult Bookstores on Prop- federal and state law, including Chapter 847 of erty Values," conducted by the Division of Plan- the Florida Statutes. It is not the intent of the ning, Department of Metropolitan Development, Village Council in adopting this section to con- City of Indianapolis, January 1984; the "Study of done distribution of obscene materials. the Effects of Concentration of Adult Entertain- ment Establishments in the City of Los Angeles, " This section is intended to provide for the conducted by the Planning Committee for the Los proper location of adult entertainment establish- Angeles City Council, June 1977; the study con- ments in the C-1 Neighborhood Commercial Dis- ducted by the City of Austin, Texas; the Metropol- trict and to protect the integrity of adjacent itan Bureau of Investigation (MBI) for the Ninth neighborhoods, educational institutions, religious Judicial Circuit (Orlando area); and information institutions, parks and other commercial enter- from Tampa, Florida, detailing the effects of adult prises. Proper separation of adult entertainment entertainment establishments in the Tampa area. establishments prevents the creation of "skid- row" areas in the village which results .from the In addition to the foregoing recitals, the village concentration of these establishments and their council further finds that: patrons. It is the intent to limit the secondary effects of adult entertainment establishments as (a) The possession, display, exhibition, distri- set out in the findings of fact contained within the bution and sale of books, magazines, mo- Palm Beach County "Adult Entertainment Code," tion pictures, prints, photographs, period- Ordinance No. 88-31. icals, records, novelties and devices which depict, illustrate, describe or relate to The locational restrictions contained in this "specific anatomical areas" or "specified section should not be construed as to apply only to sexual activities" as the terms are defined those residential zoning districts, religious insti- herein are business activities that exist or tutions, educational institutions, parks and other may exist within the village. commercial enterprises which cater to or are attended by persons under eighteen (18) years of (b) Businesses where employees including age. The restrictions within this section are also dancers and entertainers perform or are intended to ensure that residential zoning dis- presented while displaying or exposing Supp. No. 23 2486.1 § 45-20 NORTH PALM BEACH CODE I "specified anatomical areas" as that term Adult motel is defined herein exist or may exist within Adult theater I'~ the village. ~ (c) Where the activities described in para- Adult video store graphs (a) and (b) above are present, the Alcoholic Beverage experience of many other communities Board indicate that illegal activities tend to oc- cur including, but not limited to, prostitu- Code tion, pandering, solicitation for prostitu- Commercial Gain tion, lewd and lascivious behavior, exposure of minors to harmful materials, the pos- Commercial establishment session, distribution and transportation Conviction of obscene materials and of controlled Department substances. The village council further finds there is a Educational Institution direct relationship between the display or expos- Employee ing of specified anatomical areas and an increase Establishment in criminal activities, moral degradation and dis- turbances of the peace and good order of the Inspector community and the concurrences of these activi- Licensed premises ties is hazardous to the health and safety of those persons in attendance and tends to depreciate the Licensee value of adjoining property and harm the eco- Operator nomic welfare of the community as a whole. These secondary effects are adverse to the public's inter- Person est and quality of life, tone of commerce and total Principal stockholder community environment in the Village of North Palm Beach. Private Performance The combination of the sale or consumption of Specified anatomical areas alcoholic beverages with the display or exposing Specified criminal act of specified anatomical areas is adverse to the public's interest and quality of life, tone of cow- (4) Prohibited locations. merce and total community environment in the (a) Notwithstanding any other provision of Village of North Palm Beach. this Code, or any provision of the village (3) Definitions. The following words, terms and planning, land development and zoning phrases, when used in this ordinance, shall have regulations, no person shall propose, cause the meanings ascribed them in the Palm Beach or permit the operation of, or enlargement County Adult Entertainment Code at time of of, an adult entertainment establishment passage of this ordinance, except where the con- which, while in operation or after enlarge- text clearly indicates different meaning. went, would or will be located within one thousand (1,000) feet of a commercial Adult arcade establishment that in any manner sells or Adult bookstore/adult video store dispenses alcohol for consumption on pre- Adult booth wises (other than establishments set forth in Paragraph 4(e)), within five hundred Adult dancing establishment (500) feet of Zoning District P, public Adult entertainment establishment district, within one thousand (1,000) feet of a religious institution, within five hun- Adult material dred (500) feet of an educational institu- Supp. No. 23 24862 APPENDIX C-ZONING § 45-20 tion, child care facility, family day care (5) Measurement of distance. The distance from home or community residential home, a proposed or existing adult entertainment estab- within two hundred (200) feet of an area lishment to apre-existing adult entertainment zoned for residential use, within two hun- establishment, apre-existing religious institu- dred (200) feet of an area designated as tion, to Zoning District P, public district, apre- residential on the future land use map of existing religious institution, apre-existing edu- the village's comprehensive plan, within cational institution, child care facility, family day five hundred (500) feet of a park, or within care home or community residential home, an two thousand (2,000) feet of another adult area zoned for residential use, an area designated entertainment establishment. on the future land use map of the comprehensive plan as residential, apre-existing residence, a (b) In addition to the distance requirements pre-existing park or apre-existing commercial set forth in subsection (a), an adult enter- establishment that sells or dispenses alcohol shall tainment establishment shall not be al- be measured by drawing a straight line between lowed to open, exist or do business any- the closest lot lines of the proposed or existing where except in the C-1 and C-2 zoning adult entertainment establishment and the pre- district where adult entertainment estab- existing adult entertainment establishment, pre- lishments are an expressly permitted use existing religious institution, Zoning District P, subject to review by the village director of public district, pre- religious institution, a pre- , public services for conformance with the existing educational institution, child care facil- requirements of the village's land devel- ity, family day care home or community residen- opment regulations. tial home, an area zoned for residential use, a (c) The distance requirements of subsection pre-existing residence, apre-existing park or a (a) are independent of and do not super- pre-existing commercial establishment that sells Bede the distance requirements for alto- or dispenses alcohol that is located outside the holic beverage establishments which may incorporated limits of the Village of .North Palm be contained in other laws, rules, ordi- Beach. This provision is intended to prevent within nances, or regulations. the Village of North Palm Beach the adverse impacts and secondary effects created by the (d) No religious institution, educational insti- concentration of adult entertainment establish- tution, child care facility, family day care ments and the placement of such establishments home, community residential home, park in close proximity to the other specified uses, or commercial establishment that sells or whether the other specified uses are located within dispenses alcohol for consumption on pre- or without the incorporated limits of Village of raises (other than establishments set forth North Palm Beach. in paragraph 4(e)) shall locate and oper- ate within the distance requirements from (6) No variance. There shall be no variance to such establishments and facilities oper- the distance requirements of this section. ated and licensed for adult entertainment (7) Nonconforming uses. If any nonconforming establishments. adult business ceases to do business fora tontin- (e) The distance restrictions set forth in this uous period of ninety (90) days, it shall be deemed paragraph (4) shall not apply to any bona- abandoned and shall not thereafter reopen except fide restaurant operating under a Florida in conformance with these regulations. 4-COP-SRX license as a restaurant with (g) Supplemental administrative requirements. full kitchen facilities and fifty-one (51) percent or more of gross sales being de- (a) Rules of construction. This section shall rived from the sale of food and non- be liberally construed to accomplish its alcoholic beverages. Alcoholic beverages purpose of regulating and dispersing adult are to be served only when the restaurant entertainment establishments and re- fs open for sale and service of food. lated activities. Supp. No. 23 24862.1 § 45-20 NORTH PALM BEACH CODE (b) Development design and improvement stern- are available to be sold, dispensed, consumed, dards. The staff shall compare the official possessed, or offered for sale or consumption on plans of the building department and of- the premises. The penalty .for violation of this ficial zoning map against the plan submit- subsection (9) shall be revocation of occupational ted. license issued by the village. (c) All adult materials shall be located and (10) Disclosure of names aliases and dates of the activities of employees which include birth of employees. Owners and operators of all the exposure of specified anatomical ar- adult entertainment establishments in the village eas shall take place within the adult busi- shall disclose to the village the names, aliases and ness premises. dates of birth of all employees in their respective (d) No adult materials or activities of employ- establishments. Such information shall be fur- ees which include the exposure of speci- nished the village in writing prior to issuance or fled anatomical areas shall be visible from renewal of an occupational license of the village the exterior of the adult business pre- and at such other times as requested by village wises in any way including, but not lim- officials. The failure to make such disclosure shall ited to, exterior apertures such as opened result in either the loss of occupational license or doors and unobscured windows. the failure of the village to issue a new occupa- tional license or renewal thereof. (e) No merchandise, advertising or depic- tions of the activities of an adult business (11) Enforcement. The provisions of this Code ' shall be displayed on the exterior of the may be enforced by: adult business premises or in any location where they are visible from public right- (a) A suit brought by the village council in the Circuit Court of Palm Beach County to of-way. restrain, enjoin, or prevent a violation of (f) No adult business shall display a sign: this Code; and (1) Advertising the presentation of any (b) Enforcement proceedings by the village's activity prohibited by Florida Stat- code enforcement board; and ute law or any applicable village ordinance; or (c) Criminal prosecution; and (2) Capable of leading a reasonable per- (d) Any and all other legal proceedings and son to believe that the establishment remedies available to the village as pro- engages in an activity prohibited by vided by law. Florida Statute law or any applica- (Ord. No. 22-95, § 1, 7-17-95; Ord. No. 37-95, ble village ordinance. 1-8, 12-14-95; Ord. No. 6-96, § 1, 1-25-96; Ord. No. 17-98, § 1, 8-13-98; Ord. No. 02-2002, § 1, (3) Containing any flashing lights, pho- 2-14-02) tographs; silhouettes, drawings or pictorial representations of any man- Sec. 45-21. Telecommunications antenna and ner (except for the logo of the estab- antenna towers. lishment, provided the logo shall not i contain any specified anatomical ar- Antenna and/or antenna towers owned and eas, or any male or female forms at operated subject to provisions of the Telecommu- or below the clavicle). nications Act of 1996 may be located and con- (9) Display or exposure of specified anatomical strutted in accordance with the following provi- area. It shall be unlawful for any person to sions: display or expose any specified anatomical area to (1) a. The village planning commission will others, regardless of whether such person is ac- consider, in accordance with article tually engaging in dancing, in any commercial III of chapter 6 of the village code of establishment where alcoholic beverages are, or ordinances, applications for telecom- l Supp. No. 23 2486.2.2 APPENDIX C-ZONING § 45-21 munication antenna and/or antenna tower installation. If an antenna or towers which are attached to, or re- antenna tower cannot be located on place existing structures provided any existing structure without un- the overall height of the antenna reasonably compromising the an- and/or tower does not extend more tenna tower's signal reception or than twenty (20) feet above the ex- transmission capability orunreason- isting structure. ably compromise the communication b. In approving a tower or antenna system's capability, the village coun- location, the planning commission cil will next consider, in the follow- shall consider the attachment to or ing order of preference, alternative replacement of existing structures properties and zoning districts. which will result in the least visu- 1. C-2, general commercial dis- ally offensive installation to be the trict most preferred location for such in- stallations. Such structures may in- clude but are not limited to highrise residential or commercial buildings, sports lighting poles, existing an- tenna towers and/or public utility structures. (2) New .free standing towers/antenna loca- tions and new tower/antenna locations which do not conform to section 45-1 of this article may only be allowed by special exception granted by the village council subject to the following criteria: a. The village council shall consider when evaluating whether to approve an antenna/tower location whether there is suitable and reasonably avail- ablepublic or private property which would physically accommodate the tower or antenna without unreason- ablycompromising the antenna's sig- nal reception or transmitting capa- bility or unreasonably compromise the communication system capabil- ity, and without negatively impact- ing the aesthetics of the tower. b. New free standing tower/antenna lo- cations and new tower/antenna loca- tions will be considered only after the applicant for an antenna or an- tenna tower has to the fullest extent practicable, demonstrated to the vil- lage council that all existing struc- tures either will not accommodate an antenna installation or are not available for an antenna or antenna Supp. No. 23 2486.2.3 l APPENDIX C-ZONING § 45-36 exceeds four (4) stories or sixty (60) feet where building permit in noway offsets the deed any portion of said building or of the property covenants, and that the applicant should upon which it is located is within five hundred also check the deed covenants to protect feet of any R-1, single-family dwelling district. himself. B. Swimming pools shall be set back at least E. In the event one (1) lot, or portion thereof, seven and one-half (7~/2) feet from the and the whole or a portion of a contiguous back property line measured from the rim lot, all in one (1) ownership, shall be used of the pool and not less than five (5) feet as one (1) building site for one (1) resi- from the side property line including the deuce building, and its appurtenant out- two-and-one-half-foot walk around the pool. buildings permitted by this ordinance, The highest projection of the swimming then while so owned and used the side pool shall not exceed two (2) feet. Outdoor lines and rear line of such site shall be fireplaces not exceeding six (6) feet in deemed to be the side and rear lot lines of height may be erected and maintained, such sites. said structure, however, shall not be erected within five (5) feet of any rear lot line. F. No business, professional, commercial ac- (a) Swimming pools maybe enclosed by tivity or home occupation shall be con- screening provided same are not ducted upon any portion of .real property erected closer than five (5) feet from zoned R-1 single-family dwelling district, the side and rear yard lines. R-2 multiple-family dwelling district and R-3 apartment dwelling district or within (b) No swimming pool shall be located any dwelling thereon or upon a dock, pier in the area lying between the front or other waterside structure appurtenant property line and the front building thereto and attached to such real prop- line in the R-1 and R-2 zoning dis- e~y, tricts. G. In all multifamily residential buildings C. Detached garages not more than one (1) two (2) stories or greater in height, and in story in height may be erected and main- all commercial buildings over four (4) sto- tained within seven and one-half (7'!2) ries in height, which are not equipped feet of the rear line of any such lot. with elevators provided with standby emer- D. Walls and fences built within the area gency power and having minimum cab between the property line and the build- dimensions which will permit the use of ing setback line shall not exceed six (6) the elevator cab by normal size emer- feet in height; provided, however, that no gency ambulance stretchers, and in all walls or fences may be erected between commercial buildings two (2) stories to the front yard setback and the street line, four (4) stories in height which are not nor may walls or fences exceed four (4) equipped with elevators having minimum feet in height for a distance of forty (40) cab dimensions which will permit the use feet from any body of water located within of the elevator cab by normal size emer- the village. On corner lots, walls or fences gency stretchers, there shall be a mini- shall not exceed four (4) feet in height mum of one (1) access stairway serving within the area between the side line of every story. Such stairway shall have the the lot which fronts on a street, and the following minimum dimensions: front building setback line extended of the (1) Minimum width of stairway to be adjacent side street lot. On all building five (5) feet. permits for walls or fences greater than four (4) feet in height that are to be (2) Minimum dimensions of all landings located outside building setbacklines, there to be ten (10) feet by six (6) feet, six shall be a prominent notice that a village (6) inches. Supp. No. 23 2511 § 45-36 NORTH PALM BEACH CODE H. Patios connected to the rear of a dwelling work, dismantling or servicing of any unit may be enclosed by screening pro- kind unless expressly permitted by vided there shall be a rear yard of not less the zoning of the district in question. than fifteen (15) feet measured from the f. If lighting of such areas is to be rear of the screened enclosure to the rear lot line. provided, the plans therefor shall be such that such lighting shall reflect I. There shall be a front yard of not less than away from any public street and at forty (40) feet measured from the street such an angle as to prevent glare or line to the front building line in the case of undue illumination of residential Lots 11 to 35 inclusive, Block 3, as shown properties in the neighborhood. on the plat of Village of North Palm Beach, Plat 1, recorded in plat book 24, page 205, K. No carnival, fair, amusement park or cir- Public Records of Palm Beach County, cus shall be carried on in any residential Florida. or commercial zoning district in the Vil- lage of North Palm Beach, including zon- J. Whenever, by this ordinance, off-street ing districts R-1, R-2A, R-3, C-A, C-1A, parking is required in any commercial C-1 and C-2; provided, however, that a district or in any R-3 apartment dwelling carnival, fair or circus maybe carried by a district, no such parking facilities shall be nonprofit organization to collect funds to hereafter constructed until a permit there- further the purposes of such organization for shall have been issued by the building at the premises where the organization is inspector, and until the plans and specifi- located within the Village of North Palm cations therefor are such that: Beach. No such carnival, fair or circus / a. Such off-street parking area is de- shall extend for more than three (3) con- signed with appropriate means of secutive days, and no such carnival, fair vehicular access to a public street or or circus may be open to the public be- alley. tween the hours of 10:00 p.m. and 10:00 a.m. during any day. A permit for such ~ b. Such. off-street parking area is de- permitted carnival, fair or circus must be signed with appropriate vehicular obtained from the office of the village maneuvering areas. manager. There will be no charge or fee c. Such off-street parking area is paved for such permit. with an asphaltic or concrete surfac- L. No gasoline or oil filling stations and no ing, or other material designed to service station shall be erected within five prevent dust. hundred (500) feet of any church, hospi- d. Such off-street parking area is so tal, school or other similar institution constructed, graded and surfaced as where large numbers of pedestrians con- to prevent surface water from drain- gregate, nor within five hundred (500) ing onto public right-of--way, or on feet of the location in said village of an- adjoining properties, the outlets for other gasoline or oil filling station or such surface waters to be connected service station. No church, hospital, school directly or indirectly to storm sewer or similar institution where large num- conduitsterminating in existing pub- bers of pedestrians congregate shall lo- licly controlled waterways or in other cate or operate within five hundred (500) seepage areas approved by the build- feet of any gasoline or oil filling station or ing department. service station. e. Such off=street parking areas shall The method of measurement that shall be used for vehicular traffic only, apply in such cases shall be by measure- with no sales, dead storage, repair went of the airline distance made or taken Supp. No. 23 2512 APPENDIX C-ZONING § 45-36 from the nearest boundary of the lot or dred (500) feet of a church, syna- premises of a gasoline or oil filling station gogue, temple or other place of wor- or service station to the nearest boundary ship. of the lot or premises of a church, hospi- tal, school or other similar institution. (2) The measurement provided above for one thousand (1,000) feet shall be M. Building height regulations. made or taken from the main front (1) Within the area of the Village of entrance or entrances of such church, North Palm Beach which lies north public or private school, hospital, of the Intracoastal Waterway and park or playground, or a place of west of U.S. Highway No. 1, no build- business of another licensed retail ing or structure shall exceed sixteen seller of alcoholic beverages, to the {16) stories or one hundred sixty ~ main front entrance of the applicant s (160) feet. proposed place of business along the route of ordinary pedestrian traffic. (2) Within the area of the Village of (3) The restrictions of section 45-36N.(1) North Palm Beach which lies north shall not apply to the sale of beer, ale of the Intracoastal Waterway and east of U.S. Highway No. 1, no build- or wine at retail, not to be consumed ing or structure shall exceed twenty- on the premises. two (22) stories or two hundred (4) The restrictions of section 45-36N.(1) twenty (220) feet. shall not apply to any bona fide (3) Within the area of the Village of restaurant operating under a Flor- North Palm Beach which lies south ida 4-COP-SRX license as a restau- of the Intracoastal Waterway and rant with full kitchen facilities, and east of U.S. Highway No. 1, no build- fifty-one (51) percent or more of the ing or structure shall exceed four (4) gross sales are derived from the sale stories or forty (40) feet. of food and non-alcoholic beverages. Alcoholic beverages are to be served (4) Within the area of the Village of only when the restaurant is open for North Palm Beach which lies south the sale and service of food; pro- and west of the Intracoastal Water- vided, however that the provisions of way and west of U.S. Highway No. 1, this subparagraph (4) shall not per- no building or structure shall exceed mit a license to be issued to a res- four (4) stories or forty (40) feet. taurant that sells alcoholic bever- ages within one thousand (1,000) N. Location of business for retail sales of alcoholic beverages. feet of a church, public or private school, hospital, public park or pub- (1) No licensed retail sales of alcoholic lit playground. beverages shall be carried on where (5) Nothing in section 45-36N.(1) shall the proposed place of business is prohibit the conduct of licensed re- within one thousand (1,000) feet of a tail sales of alcoholic beverages within church, public or private school, hos- one thousand (1,000) feet of the North pital, park or playground, or a place palm Beach Country Club. of business of another licensed retail seller of alcoholic beverages; pro- (6) Churches, public and private schools, vided further, that no licensed retail hospitals, parks, playgrounds and sales of alcoholic beverages shall be places of business of another li- carried on in the C-3, Regional Busi- tensed retail seller of alcoholic bev- ness District, where the proposed erages shall not have the right to place of business is within five hun- locate and operate within one thou- Supp. No. 23 2512.1 t § 45-36 NORTH PALM BEACH CODE sand (1,000) feet of a business li- d. The outdoor seating can be ac- censed for retail sales of alcoholic commodated without creating beverages. a need for additional parking spaces which could not be pro- O. Xeriscape landscaping practices. Proper- vided on the same site as the ties within all zoning districts are encour- building for which the outdoor aged to utilize xeriscape landscaping prat- seating would be an accessory tices to simultaneously enhance the use or would create a non- appearance of the property while requir- conforming status for existing ing less water and energy. Xeriscape prat- parking provided for such build- tices in the village shall. be based on the ing. latest published South Florida Water Man- e. No outdoor seating shall beper- agement District xeriscape manual. witted for adult entertainment P. Maximum floor-area ratio. Maximum gross establishments. floor area ratios for commercial develop- (2) Permitting process. An applicant for went within the area of the village de- approval of outdoor seating shall in- fined by PGA Boulevard on the north, clude the proposed outdoor seating Lake Worth on the east and the as part of an overall application for a Intracoastal Waterway on the south and building permit and/or certificate of west shall be limited as follows: retail - appropriateness or shall seek amend- 0.25; professional office - 0.35; and mixed- went of an existing building permit use - 0.35. and/or certificate of appropriateness Q. Outdoor seating. to allow for outdoor seating, pursu- l ant to the applicable provisions of \ (1) Applicability. Outdoor seating shall this Code. Every application involy- bepermitted as an accessory use to a ing outdoor seating shall include the building in which a food service es- following, in addition to and not in tablishment is operated, provided place of anything else which may that: otherwise be required by any other provision of this Code: a. The outdoor seating area is ad- jacent to that portion of the a. A site plan, drawn to scale, food service establishment which shows at least the build- which is inside the building. ing for which outdoor seating will be an accessory use; the b. The outdoor seating is located location of the food service es- on property which is either tablishment which will use the owned or leased by the adja- outdoor seating; the location of cent food service establishment the outdoor seating and all re- or the landlord of such food lated fencing screening, or di- service establishment. viding materials; the location c. The outdoor seating can be ac- of any sidewalks or other pedes- commodated without impeding trian walkways or passageways the access of the general public, which are adjacent to or will be including persons with disabil- affected by the outdoor seating; ities, to the portion of the food and the location of all existing service establishment which is or additional parking for such located inside the building, or building. to any other commercial busi- b. A copy of the written consent of ness or other use. any person or business who Supp. No. 23 2512.2 APPENDIX C-ZONING § 45-36 other than the applicant owns two (2) feet in height, by means or leases any property, includ- of one (1) or more planter boxes ing any sidewalk or other pub- and other plant container, by lic passageway, upon [which] means of some other approved the outdoor seating would be divider, or any combination of located. such means, but not including c. Photographs, renderings, or tables, chairs or other seating. samples showing the style and f. Outdoor seating areas may only color of all furnishings, fencing, contain tables, chairs, umbrel- screening, or dividing material las and/or awnings and required to be used for or in conjunction fencing or screening materials. with the outdoor seating. All such equipment shall be (3) Conditions of outdoor seating. Out- compatible in color and style door seating shall comply at all times with the exterior of the build- with the following conditions: ing and shall not contain or have affixed to it any sign, let- a. Outdoor seating shall be ar- tering or advertising of any kind. ranged, when in use, in a man- ner that allows a pedestrian g• Outdoor seating shall be main- walkway incompliancewith ap- tained in a secure manner, plicable building codes and fire whenever the food service es- codes. tablishment is closed to the pub- lic. b. Outdoor seating located on a pedestrian walkway which pro- h. Establishments with outdoor vides access to more than one seating with food and beverage (1) occupant of a building, as in service shall meet all health a shopping center, shall be ar- code and other applicable code ranged, when in use, in a man- requirements of restaurants. ner that maintains a passage of i. Any permanent or temporary not less than five (5) feet in structures associated with out- width. door seating, including, but not c. Outdoor seating of an applicant limited to, awnings and cov- shallnot belocated on any side- ered roofs shall not encroach walk, passageway, or other prop- into the required building set- erty adjacent to any other busi- back areas. Tables, chairs, um- ness. brellas, fencing, screening and d. Outdoor seating shall not oc- dividing materials shall not be located closer to the property cupy any area designated for line than two-thirds (2/3) of the parking' required front, side or rear build- . e. Outdoor seating which is used ing setback. for the service and sale of food or beverages of any kind within (4) Limitations on use. Except for out- the outdoor seating area, shall door seating located in an inner court: be physically separated and vi- a. All sales and service of food and sually distinct from any imme- beverages in an outdoor seat- diately adjacent public passage- ing area are prohibited between way or walkway by means of the hours of 10:30 p.m. and approved fencing or screening 7:00 a.m., Sunday through material which is not less than Thursday, and between the Supp. No. 23 2512.3 f § 45-36 NORTH PALM BEACH CODE hours of 11:00 p.m. and 7:00 Cultural resource. Asite, object, structure, build- a.m., Friday through Saturday. ing or district listed in the Village's register of historic sites. b. Outdoor seating areas shall be in compliance with the village's Demolition. The tearing down or razing of noise regulations. twenty-five (25) percent or more of a structure's external walls. (5) General requirements. Outdoor seat- ing which increases the total num- District. A geographically definable area pos- ber of seats available at a food ser- sessing a significant concentration, linkage, or vice establishment shall be considered continuity of sites, buildings, structures, objects, an expansion of use. Such outdoor or areas, which are united historically or aesthet- seating shall be included in any cal- ically by plan or physical development. A district culation of the total number of seats may be comprised of individual resources which provided by the food service estab- are separated geographically but are linked by lishment but not limited to parking, association or history. restroom facilities and occupational Object. A material thing of functional, aes- license fees. thetic, cultural, historical or scientific value that (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No. ma be b nature of desi 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. 11-75, § 1, y y movable, yet related to a specific setting or environment. 9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. Ordinary maintenance. Work which does not 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91; require a construction permit and that is done to Ord. No. 20-95, § 1, 7-27-95; Ord. No. 34-96, § 1, repair damage or to prevent deterioration or / 8-22-96; Ord. No. 3-97, § 1, 1-9-97; Ord. No. 12-97, decay of a building or structure or part thereof as 3, 4, 2-27-97; Ord. No. 2-98, § 1, 1-8-98; Ord. nearly as practicable to its condition prior to the No. 6-99, § 1, 1-28-99; Ord. No. 03-2002, § 1, 2, damage, deterioration, or decay. 2-14-02) Original appearance. That appearance (except for color) which, to the satisfaction of the village Sec. 45-37. Historic site overlay district. council, closely resembles the appearances of ei- ther: A. Purpose. The historic site overlay district is (1) The feature on the building as it was used to impose special development restrictions originally built or was likely to have been on identified areas. The locations of this overlay built, or district are established by the Village based on the need for special protective measures at those (2) The feature on the building as it presently locations. The historic site overlay district im- exists so long as the present appearance poses different standards than those that would is appropriate, in the opinion of the vil- otherwise apply. lage council, to the style and materials of the building. B. Definitions. [For purposes of this section, C. Creation of local register of historic sites. A the following words shall have the meaning as- local register of historic sites is hereby created as cribed to them in this subsection:] a means of identifying and classifying various Building. A structure created to shelter any sites, buildings, structures, objects and districts form of human activity. This may refer to a house, as historic and/or architecturally significant. The local register will be kept by the director of public barn, garage, church, hotel, or similar structure. Buildings may refer to a historically or architec- services. turally related complex, such as municipal build- D. Initiation of placement on local register. ings, or a house and barn. Parking lots and Placement of sites, buildings, structures, objects garages are hereby deemed to be "buildings." or districts on the local register may be initiated Supp. No. 23 2512.4 APPENDIX C-ZONING § 45-37 by the village council. In addition, placement may listing on the local register. The recom- be initiated by the owner of the site, building, mendation shall also include any owner's structure, object or area; or, in the case of a objection to the listing. If the nomination district, by the owner of a site, building, strut- is of a district, the recommendation shall ture, object or area within the proposed district. also clearly specify, through the use of By adoption of this ordinance, those sites within maps, lists or other means, those build- the Village of North Palm Beach that have been ings, objects or structures which are clas- classified as a "Florida historic site" by the Divi- sifted as contributing to the historical sion of Archives, History and Records Manage- significance of the district. went, Florida Department of State, are hereby placed on the local register. 5. Upon receipt of the recommendation from E. Placement on local register. The following the planning commission to the village procedure shall be followed for placement of sites, council, the nomination shall be placed on buildings, structures, objects, areas and districts the agenda of the next regularly sched- on the local register: uled workshop of the village council. 1. A nomination form, available from the department of public services, shall be 6. Following the village council workshop completed by the applicant and returned consideration, adequate notice of the vil- to the department. lage council's consideration of the nomi- 2. Upon receipt of a completed nomination nation at a public meeting shall be pro- form, including necessary documentation, vided to the public at large (advertisement the director shall place the nomination on for public hearing), and to the owner(s) of the agenda of the next regularly sched- the nominated property or properties, at uled meeting of the village planning tom- least fifteen (15) days in advance of the mission. If the next regularly scheduled meeting at which the nomination will be meeting of the planning commission is too considered by the council. close at hand to allow for the required notice to be given, the nomination shall be 7. The village council shall, within ninety placed on the agenda of the succeeding (90) days from the date of the meeting at regularly scheduled meeting. which nomination is first on the council's agenda, review the nomination and vote 3. Adequate notice of the planning to accept or reject the nomination. The commission's consideration of the nomina- decision shall include specific findings and tion shall be provided to the public at conclusions as to why this nomination large, and to the owner(s) of the norm- does or does not meet the appropriate nated property(ies), at least fifteen (15) criteria for listing on the local register. days in advance of the meeting at which The decision shall also include any owner's the nomination will be considered by the objection to the listing. If the nomination council. is of a district, the decision shall also 4. The planning commission shall, within clearly specify, through the use of maps, thirty (30) days from the date of the lists, or other means, those grounds, build- meeting at which the nomination is first ings, objects or structures which are clas- on the planning commission agenda, re- sifted as contributing to the historical view the nomination and write a recom- significance of the district. The nomina- mendation thereon for consideration by tion form and the council's recommenda- the village council. The recommendation tion shall be sent to the planning commis- shall include specific findings and conclu- sion. The nomination shall then be handled sions as to why the nomination does or as any other rezoning/amendment to the does not meet the appropriate criteria for land use element. Supp. No. 23 2512.5 § 45-37 NORTH PALM BEACH CODE F. Criteria for listing on local register. G. Effect of listing on local register. 1. A site,. building or district must meet the 1. The department may issue an official cer- following criteria before it may [be] listed tificate of historic significance to the owner on the local register: of properties listed individually on the local register or judged as contributing to a. The site, building or district pos- the character of a district listed on the sesses integrity of location, design local register. The director of public ser- setting, materials, workmanship, feel- vices is authorized to issue and place ing and association; and official signs denoting the geographic b. The site, building or district is asso- boundaries of each district listed on the ciated with events that are signifi- local register. cant to local, state or national his- 2. Structures and buildings listed individu- tory; or the district site, building, ally on the local register or judged as structure or object embodies the dis- contributing to the character of a district tinctive characteristics of a type, pe- listed on the local register shall be deemed riod or method of construction, or historic and entitled to modified enforce- represents the work of a master, or went of the Standard Building Code as possesses high artistic values, or rep- provided by Chapter 1, section 101.5 of resents a significant and distinguish- the Standard Building Code Congress In- able entity whose components may ternational, Inc. lack individual distinction. 3. No demolition,. alteration, relocation or 2. A site or building located in a local regis- construction activities may take place ex- j ter of historic sites district shall be desig- cept as provided below. nated as contributing to that district if it H. Certificate of appropriateness. meets the following criteria: 1. When required. a. The property is one which, by its a. A certificate of appropriateness must location, design, setting, materials, be obtained from the planning com- workmanship, feeling and associa- mission before making certain alter- tion adds to the district's sense of ations, described below as regulated time and place and historical devel- work items, contributing structures opment. and structures listed individually on b. A property should not be considered the local register. contributing if the property's integ- b. For each of the regulated work items rity of location, design, setting, ma- listed below, the following applies. terials, workmanship, feeling and as- i. Ordinary maintenance. If the sociation have been so altered that work constitutes "ordinary the overall integrity of the property maintenance" as defined in this has been irretrievably lost. code, the work may be done c. Structures that have been built within without a certificate of appro- the past fifty (50) years shall not be p~zateness. considered to contribute to the sig- ii. Staff approval. If the work is nificance of a district, unless a strong not "ordinary maintenance," but justification concerning their histor- will result in the "original ap- ical or architectural merit is given or pearance" as defined in this the historical attributes of the dis- code, the certificate of appropri- trict are considered to be less than ateness may be issued by the fifty (50) years old. director of public services. Supp. No. 23 2512.6 APPEND]X C-ZONING § 45-37 iii. Planning commission approval. case shall permission to install If the work is not "ordinary such grilles be completely de- maintenance" and will not re- Hied. suit in the "original appear- xii. Installation of new exterior sid- ance, a certificate of appropri- ing materials, or removal of ex- ateness must be obtained from fisting exterior siding materi- the planning commission be- als. fore the work may be done. xiii. Installation or removal of exte- c. The following are regulated work rior skylights. items: xiv Installation of exterior screen i. Installation or removal of metal windows or exterior screen awnings or metal canopies. doors. ii. Installation of all decks above Installation of an exterior win- the first-floor level and/or on dow or window frame or the the front of the structure. infill of an existing exterior win- dow opening. iii. Installation of an exterior door d. A certificate of appropriateness must or door frame, or the infill of an be obtained from the planning com- existing exterior door opening. mission to erect a new building or iv Installation or removal of any parking lot within a district listed on exterior wall, including the en- the local register. closure of any porch or other e. A certificate of appropriateness must outdoor area with any material be obtained from the planning com- other than insect screening. mis- v The installation or relocation of wood, chain-link, masonry (gar- denwalls) or wrought iron fenc- ing, or the removal of masonry (garden walls) or wrought iron fencing. vi. The installation or removal of all fire escapes, exterior stairs or ramps for the handicapped. vii. Painting unpainted masonry in- cludingstone, brick, terra-cotta and concrete. viii. Installation or removal of rail- ings or other wood, wrought iron or masonry detailing. ix. Abrasive cleaning of exterior walls. x. Installation of new roofing ma- terials, or removal of existing roofing materials. xi. Installation or removal of secu- rity grilles, except that in no Supp. No. 23 2512.7 i CODE COMPARATIVE 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 2-178, 2-181 05-2000 2-10-00 1 11-11 06-2000 2-24-00 1 Added 3-4 10-2000 4-13-00 1 5-82 2 5-85(12) 12-2000 4-27-00 1 6-113(B)(28) 13-2000 5-11-00 1 Added 2-158.1 15-2000 5-25-00 1 App. C, 45-32.1F. 20-2000 8-10-00 1, 2 2-161(e)(4), (8) 3 2-162(1) 4 2-169(f) 22-2000 8-24-00 1 6-115(C)(1)b. 24-2000 9-28-00 1 26-29 25-2000 9-28-00 1 26-51 26-2000 9-28-00 1 28-3(6) 27-2000 9-28-00 1 17-33 29-2000 9-28-00 1 14-30(2) 30-2000 10-12-00 1 App. D 32-2000 10-12-00 1 6-114(e)(3) 34-2000 11- 9-00 1, 2 19-99, 19-113 3-5 19-116-19-118 35-2000 11- 9-00 1 1-8(a) 36-2000 12-14-00 1 19-210(d) 01-2001 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-Ol 1 5-81 05-2001 3- 8-Ol 1 45-2 06-2001 3-22-O1 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(1) 8 45-50(1) 08-2001 4-12-O1 1 2-161(g) 2 2-166(1)c.2. 09-2001 4-12-01 1 5-84(6) 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-O1 1 19-211 15-2001 6-28-O1 1, 2 2-4 16-2001 6-28-O1 1 Ch. 8 (title) 2, 3 Rpld 8-16 Added 8-1~-6, 8-21, 8-22 18-2001 6 28-O1 1 2-1(c) 2 9-18 3 16-24 4 20-63 Supp. No. 23 2887 NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code 5 21-11(c) 22-2001 8- 9-Ol 1 2-136 23-2001 8- 9-01 1 2-2(a) 24-2001 8- 9-Ol 1, 2 2-85(3) 25-2001 8-23-O1 1 6-112(F) 26-2001 8-23-O1 1 45-2 27-2001 9-13-O1 2 15-1 3 15-2 30-2001 10-11-01 1 Rpld 2-51 2 2-40(b) 3 2-42 4 2-59 31-2001 10-25-01 1 6-110 2 6-115(B)(5) 02-2002 2-14-02 1 App. C, 45-20(4) 03-2002 2-14-02 1 App. C, 45-36N.(1) 2 App. C, 45-36L. i Supp. No. 23 2888 IThe next page is 2933] CODE INDEX Section Section A ALARMS (Cont'd.) ABANDONMENT False alarms Abandoned, inoperative and junked prop- Excessive false alarms declared public nuisance 19-212 erty 14-37 et seq. Service charge; collection 19-213 See: GARBAGE AND TRASH Fire division equipment; fire alarm system 12-53 Boats Identification required 19-215 Boat launching area; abandoned boats System standards 19-219 and equipment 5-36, 5-37 Telephone trunk lines Generally 5-8 Interference with public safety depart- Dogs, other animals 4-10 went telephone trunk lines prohib- ACTS BY AGENTS ited 19-215 Definitions and rules of construction 1-2 Violation and penalty 19-214 ADMINISTRATIVE CODE ALCOHOLIC BEVERAGES Bonds required of certain officers 2-42 Consumption on playgrounds and public Definition 2-39 ~ Parks 3-3 Departmental organization 2-40 Nudity, partial nudity, sexual conduct; pro- Oaths of office hibited at alcoholic beverage estab- Chief administrator and officers, form of lishments 3-4 oath 2-41(b) Sales restricted; hours of sale............ 3-2 Members of department of public safety, State law definitions adopted 3-1 form of oath 2-41(c) Zoning Persons required to take oath of office . 2-41(a) Location of business for retail sales of Policy and procedures alcoholic beverages 45-20(2), 45-36.N Department heads 2-43(b) C-3 Regional Business District...... 45-34.1(9) Departments 2-43(c) Officers 2-43(a) AMBULANCES ADULT ENTERTAINMENT ESTABLISH- Definition 17-50 MENTS Unlawful operation 17-51 Zoning regulations re. See: ZONING (Ap- AMUSEMENTSANDAMUSEMENTPLACES pendix C) Coin-operated amusements; proximity to ADVERTISING schools restricted _ 19-4 Handbills; distribution restricted......... 19-7 AND, OR Noise control policy re loudspeakers and Definitions and rules of construction 1-2 devices for advertising 19-105 Signs and outdoor displays 6-110 et seq. ANIMALS AND FOWL See: SIGNS AND BILLBOARDS Abandoning 4-10 Birds AFFIDAVITS Molesting songbirds 4-9 Home occupations; occupational licenses Village designated bird sanctuary; hunt- Affidavit of applicant required......... 17-2(e) ing prohibited 4-2 AFFIRMATION. See: OATH,AFFIRMATION, Cats. See herein: Dogs and Cats SWEAR OR SWORN Code enforcement board, applicability re.. 2-173 Contagious diseases, animals with 4-11 AGREEMENTS. See: CONTRACTS AND Cruelty to animals 4-7 AGREEMENTS Definitions 4-1 Dogs and cats ALARMS Collar and tag Alarm business central office required.... 19-215 Required 4-25 Alarm permit required 19-208 Unauthorized removal 4-26 Application for 19-209 Impoundment Issuance 19-211 Disposition upon owner's failure to Terms; fees; nontransferable 19-210 redeem 4-30(d) Audible alarms 19-216 Notice............................. 4-30(b) Code enforcement board, enforcement Redemption by owner 4-30(c) through 19-217 Required.......................... 4-30(a) Definitions 19-207 Inoculation 4-24 Exemptions 19-218 Prohibited in certain areas; exceptions . 4-27 Supp. No. 23 2935 i it NORTH PALM BEACH CODE I~ Section Section ANTMAT,S AND FOWL (Confd.) APPEARANCE PLAN (Appendix A) (ConfdJ Rabies control. See herein that subject Public property VII(C) Registration 4-24 Site VII(A) R„nn;ng at large Participation and incentives VI Cats 4-28(c) Statement of policy II Dogs on property of others.......... 4-28(b) ARCHAEOLOGICAL SITE PROTECTION Dogs on streets and sidewalks 4-28(a) Vicious, biting and attacking dogs 4-29 Appeals 21-107 Waste removal Applicability 21-102 Persons walking dogs responsible for Archaeological review, development sub- removal of waste 4-31 ject to............................. 21-104 Waste-removal implements, persons Certificate to dig 21-105 walking dog to carry 4-32 Cost 21-106 Enforcement Definitions 21-103 General enforcement 4-5 Hearing................................ 21-108 Hindering enforcement 4-4 Intent.................................. 21-101 Fight, causing animals to 4-8 Purpose................................ 21-101 Keeping certain animals prohibited; excep- Violations and penalties 21-108 tion 4-6 ASSEMBLIES Killing 4-3 Meetings of boards and commissions; ad- Molesting songbirds or domestic pets..... 4-9 journment of 2-3 Noise control policy re animal noises 19-107 Meetings of specific boards, etc. See spe- Nuisances, animals creating 4-12 cific subjects Poisoning 4-3 park and recreation area; meetings and Rabies control Death or destruction re ortin gatherings 20-22 et seq. p g......:: 4-46 See: PARKS, PLAYGROUNDS AND Muzzles; when required 4-45 RECREATION Rabid animals Confinement 4-43 ATLANTIC OCEAN Duty to report; impounding......... 4-44 Regulations governing construction ofdocks, Nuisance, declared 4-42 piers in Lake Worth and Atlantic ANNEXATION Ocean 5-85 Planning and development; filing fees and cost for voluntary annexation of land 21-2 B ANTENNAE BATHING Zoning regulations 45-21 Diseased persons prohibited from bathing in public pools, etc 19-3 APPEARANCE PLAN (Appendix A) (Note-Section citations contained herein BICYCLES refer to section citations found within Park regulations 20-6 Appendix A) Subdivisions, required improvements re Administration V bikeways.......................... 36-29.1 Areas of jurisdiction III .BILLBOARDS. See: SIGNS AND BILL- i Basis I BOARDS Criteria for appearance Building and site to adjoining area, re- BIRDS. See: ANIMALS AND FOWL lationship of ]V(B) BLOCKS Building design 1V(D) Buildings to site, relationship of....... I`T(A) Subdivision design standards 36-18 Evaluation, factors for IV(H) BOARDS COMMITTEES AND COMMIS- Landscape and site treatment......... N(C) SIONS. See: DEPARTMENTS AND Maintenance-planning and design fac- OTHER AGENCIES OF VILLAGE tors 1V(G) Miscellaneous structures and street hard- BOATS, DOCKS AND WATERWAYS ware 1V(F) Abandoned boats 5-8 Signs 1V(E) Anchoring and mooring Definitions VIII Limitation on anchoring and mooring in Maintenance for good appearance prohibited area; mooring permit Buildings and appurtenances.......... VII(B) required 5-17 t\ Supp. No. 23 2936 CODE INDEX Section ~ Section BOATS, DOCKSAND WATERWAYS (Cont'd.) BOATS, DOCKSAND WATERWAYS (Cont'd.) Unlawfully anchored or moored vessels Definitions 5-93 Claiming of vessel by owner; payment Permitted, when 5-94 of costs 5-22 Piers. See within this subheading: Docks Department of public safety to im- and Piers pound 5-18 Seawalls. See within this subheading: Owner to be notified upon impound- Bulkheads and Seawalls went 5-19 Definitions 5-1 Procedure in event owner cannot be Disturbing other boats 5-6 found 5-20 Exhibition boats exempted from certain Reclamation of owner after sale..... 5-23 restrictions 5-4 Unclaimed vessel to be sold; certifica- Flood damage prevention provisions...... 12.5-1 et seq. tion of sale 5-21 See: FLOOD DAMAGE PREVENTION Use of vessel for dwelling purposes in Health and sanitation requirements prohibited area 5-24 Cleanliness of docks.................. 5-11 Authority of city to board boats violating Observance of village health and con- provisions 5-16 duct rules....................... 5-10 Boat launching area Pollution of waterways 5-13 Abandoned boats and equipment Refuse disposal 5-12 Disposition 5-36 Living aboard boats restricted 5-15 Recovery 5-37 Marine sanctuaries Designated; use restricted 5-33 Designation of waters as marine sanctu- Permits required 5-35 aries Repairs prohibited 5-34 Area to be regulated 5-101(c) Bulkhead lines 7-1 et seq. Areas designated 5-101(b) See: BULHI3EAD LINES Construction of provision............ 5-101(d) Coastal construction code 6-151 et seq. Definition 5-101(a) See: COASTAL CONSTRUCTION CODE Mooring, docking, or beaching of boats on Code enforcement board, applicability re.. 2-173 public or private property without Construction requirements permission 5-9 Bulkheads and seawalls Parking Compliance with provisions required 5-69 Boating equipment; parking on residen- Inspection required 5-73 tial property restricted........... 18-35 Permit fee 5-72 Prohibited parking for vehicle, trailer or Specifications 5-71 boat upon paved or unpaved area Submission of plans and specifica- of the road right-of--way of specific tions 5-70 roadways....................... 18-34.1 Canals Running engines, hours in residential dis- Canal crossings 5-60 tricts.............................. 5-14 Compliance with provisions required 5-56 Searchlights, use of 5-7 Drainage canals 5-59 Speed limits; wakes 5-2 General requirements 5-57 Subdivision provisions re waterways 36-22 et seq. Navigation canals 5-58 See: SUBDIVISIONS (Appendix B) Surety bond prerequisite to issuance Swimming in restricted waters 5-3 of building permit in certain Water skiing 5-5 cases 5-61 BOISTEROUS CONDUCT Docks and piers Noisy and boisterous 19-106 Construction in waters other than Lake Worth andAtlantic Ocean, BONDS regulations governing 5-84 Administrative code; bonds required of cer- Definitions 5-81 tain officers 2-42 Generally 5-82 Canal construction; surety bond prerequi- Lake Worth and Atlantic Ocean, reg- site to issuance of building permit... 5-61 ulations governing construction Finance director, duties re 2-59(7) in 5-85 Village manager........................ 2-117 Minimum design requirements...... 5-83 BRUSH. See: WEEDS AND BRUSH Variances 5-86 Erosion control structures BUILDINGS Construction 5-95 Appearance code Control 5-96 Appeals and review................... 6-35 Supp. No. 23 2937 NORTH PALM BEACH CODE Section Section BUILDINGS (Cont'd.) BUILDINGS (Cont'd.) Appearance plan 6-33 Public services department; division of per- Certificate of appropriateness wits and inspections 2-85(1) Final hearings...... 6-57 Signs and outdoors displays 6-110 et seq. Follow-up by building inspector 6-60 See: SIGNS AND BILLBOARDS Planning commission Smoke, dust, odors, liquids, etc........... 19-9 Action of 6-58 Spitting in public places prohibited....... 19-5 Approval by 6-59 Stormwater management; level of finished Preliminary consideration 6-56 floor of structures... 21-63 Definition 6-31 Subdivision regulations 36-1 et seq. Intent and purposes 6-32 See: SUBDIVISIONS (Appendix B) Planning commission, powers and du- Swimming pools 25-1 et seq. ties re 6-36 See: SWIMMING POOLS Short title 6-30 Zoning regulations...................... 45-1 et seq. Appearance plan (Appendix A). See that See: ZONING (Appendix C) subject BULKHEAD LINES Coastal construction code 6-151 et seq. Code enforcement board, applicability re.. 2-173 See: COASTAL CONSTRUCTION CODE Established; designated 7-1 Code enforcement board, applicability re.. 2-173 Fflling operation beyond bulkhead line pro- Codes hibited 7-2 Appearance code. See herein that sub- Filling permit ject Application fees 7-19 Building code 6-17 Application; issuance 7-18 Coastal construction code 6-151 et seq. Expiration date; renewal; revocation... 7-20 Electrical code 11-11, 11-12 Public hearing prerequisite to consider- Energy efficiency building code 6-150 ation 7-17 Fire prevention code 12-16, 12-17 Required............................. 7-16 Gas code 6-17 Unlawful fill;removal................... 7-3 Housing code 15-1, 15-2 Mechanical code 6-17 BULKHEADS Plumbing code 6-17 Bulkheads and seawalls, construction re- Standardbuilding and construction codes quirements re 5-69 et seq. adopted 6-17 See: BOATS, DOCKS AND WATER- ~ Country club 9-1 et seq. WAYS See: COUNTRY CLUB BUSINESS REGULATIONS i Electrical code 11-11, 11-12 Ambulances 17-50, 17-51 Energy efficiency building code Businesses located outside village limits Adopted by reference 6-150 Application for certificate of regulation. 17-34.2 Fire district 6-3 Certificate of business regulation re- Flood damage prevention 12.5-1 et seq. quired; basis of one year 17-34 See: FLOOD DAMAGE PREVENTION Commercial vehicles, marking of 17-34.13 Handicapped persons Compliance by principal deemed compli- Accessibility to buildings; state law ante by agent 17-34.8 adopted 6-2 Delinquency penalty.................. 17-34.4 Housing code 15-1, 15-2 Doing business not covered by certifi- Landscaping 27-31 et seq. Cate of regulation................ 17.34-7 See: LANDSCAPING Duplicate certificates of regulation..... 17-34.6 Minimum construction standards Duration 17-34.3 Authority 6-16 False statements Codes adopted 6-17 Certificate obtained void ab initio 17-34.7 Violations and penalty 6-19 Engaging in business without certifi- Missiles, throwing 19-83 cote of regulation or under cer- Noise from building 19-102 tificate issued on.............. 17-34.11 Obstructing passageway 19-47 Fee exemptions 17-34.10 Outdoor displays. See herein: Signs and Fee schedule 17-34.12 Outdoor Displays Half-year certificate 17-34.3 Park and recreation facilities; erecting build- Issuance of certificate 17-34.3 ings or structures 20-3 Noncompliance of principal............ 17-34.8 Public land, construction on prohibited 6-1 Nonprofit enterprise, special permit for 17-34.5 Supp. No. 23 2938 CODE INDEX Section Section BUSINESS REGULATIONS (Cont'd.) CLUBS Refund of fee 17-34.9 Country club 9-1 et 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 Coastal construction requirements Garage and other sales 17-61 et seq. Location of construction............... 6-155(4) See: GARAGE AND OTHER SALES Major structures, structural require- 17-2(a) et se ments for 6-155(1) Home occupations q. See: HOME OCCUPATIONS Minor structures, structural require- Occupational licenses 17-16 et seq. ments for 6-155(3) See: LICENSES AND PERMIT Nonhabitable major structures, struc- Wellfield protection tural requirements for 6-155(2) Regulation of business activities with Public access 6-155(5) potential to contaminate land and Definitions . 6-154 water resources 19-221 Flood damage prevention................ 12.5-1 et seq. Zoning See: FLOOD DAMAGE PREVENTION Location of business for retail sales of Purpose 6-152 alcoholic beverages 45-20(2), 45- References 6-156 36.N Scope C-3 Regional Business District...... 45-34.1(9) Applicability 6-153(a) Exceptions 6-153(b) C Permits, application for 6-153(c) Title 6-151 CABLE TELEVISION. See: TELEVISION CODE ENFORCEMENT BOARD CAMPING Alarm regulations, enforcement re 19-217 Recreational, boating and camping equip- Applicability 2-173 .went; parking on residential property Declaration of legislative intent 2-171 restricted 18-35 Definitions 2-172 CANALS Enforcement procedure 2-175 Fines; liens Construction requirements 5-56 et seq. Appeals.............................. 2-180 See: BOATS, DOCKS AND WATER- Copies of orders imposing fines........ 2-178(d) WAYS Determination of amount of fine....... 2-178(b) CATS Duration of lien 2-179 Regulations enumerated 4-24 et seq. Generally............................ 2-178(a) See: ANIMALS AND FOWL Notices 2-181 Reduction of fine 2-178(c) CERTIFICATES Hearing, conduct of . Appearance code; certificate of appropriate- • • • • • • • • • • 2-176 Organization ness 6-56 et seq. Attorne 2-174(c) See: BUILDINGS y....... ' . Officers; quorum; compensation 2-174(b) Boats, docks and waterways; unlawfully Qualifications and term 2-174(a) anchored or moored vessels Powers 2-177 Unclaimed vessel to be sold; certifica- tion of sale 5-21 CODE OF ORDINANCES* • Businesses located outside village limits, Altering Code 1-7 certificate of business regulations re. 17-34 et seq. Amendments 1-6 See: BUSINESS REGULATIONS Catchlines 1-3 Emergency medical services 11.5-21 Court cost Historic site overlay district; certificate of Assessment of additional court costs for appropriateness 45-37(H) criminal justice education expendi- CIVIL DISORDERS AND DISTURBANCES. tures 1-9 See: EMERGENCY MANAGEMENT Definitions and rules of construction 1-2 CLERK *Note-The adoption, amendment, repeal, omissions, effec- Department of records, provisions re vil- tive date, explanation of numbering system and other matters lage clerk and deputy 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. 23 2939 NORTH PALM BEACH CODE Section Section CODE OF ORDINANCES (Cont'd.) COURTS Designated and cited 1-1 Court cost References to chapters or sections......... 1-3 Assessment of additional court costs for Repeal of ordinances, effect o£ 1-4 criminal justice education expendi- Severability of parts 1-5 tares 1-9 Village clerk, duties re recording ordi- nances 2-67(3) Violations and penalty 1-8 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 Administrative code 2-39 et seq. COMMITTEES, COMMISSIONS. See: DE- See: ADMINISTRATIVE CODE PARTMENTSANDOTHERAGENCIES Appearance board. See: APPEARANCE OF VILLAGE PLAN (Appendix A) COMMUNICATIONS Code enforcement board 2-171 et seq. Telecommunications Committees and boards generally; resi- Generall 29-1 et se dency requirements 2-1 y " " " " " " " " " " " " q' Country club advisory board 9-16 et seq. See: TELECOMMUNICATIONS See: COUNTRY CLUB Service tag 26-51 et seq. See: TAXATION Finance, department o£ 2-59 ' See: FINANCES COMPUTATION OF TIME Fire and police retirement board of trust- Definitions and rules of construction 1-2 ees 2-164 et seq. See: PENSIONS AND RETIREMENT j CONCURRENCY MANAGEMENT Fire division 12-29 et seq. Provisions enumerated 21-41 et seq. See: FIRE PREVENTION AND PRO- . See:PLANNINGANDDEVELOPMENT TECTION COUNCIL. See: VILLAGE COUNCIL General employees retirement board 2-151 et seq. See: PENSIONS AND RETIREMENT COUNTRY CLUB Library board 16-16 et seq. Advisory board Library, department of 2-93 Compensation 9-19 Meetings of boards and commissions; ad- 9-17(a) journment of 2-3 i Composition Created Meetings of specific boards, etc. See spe- 9-16 Duties cific subjects Administrator 9-21(b) Planning and development board of adjust- Budget 9-21(d) ment.............................. 21-21 Management and administration.... 9-21(a) Planning commission 21-11, 21-12 Village employees 9-21(c) Public safety, department of 2-75, 2-76 Meetings 9-20 See: PUBLIC SAFETY DEPARTMENT Officers' quorum 9-19 Public services, department of 2-84, 2-85 Removal 9-18 See: PUBLIC SERVICES DEPART- Terms 9-17(b) MENT Vacancies 9-17(c) Recorda, department of.................. 2-67 et seq. Finances See: DOCUMENT AND PUBLIC Delinquent accounts; penalties 9-32 RECORDS Premises Recreation department 2-110 Disfiguration and/or removal of building Recreation advisory board 20-61 et seq. or other property 9-1(1) See: PARKS, PLAYGROUNDS AND Enforcement 9-2 RECREATION Hours 9-1(2) Reserve police force 23-42 et seq. Signs 9-2 See: POLICE Violations and penalties 9-2 Village council 2-16 et seq. COUNTY DEVELOPMENTS. See: PLANNINGAND DE- Definitions and rules of construction 1-2 VELOPMENT Sapp. No. 23 2940 CODE INDEX Section Section DISABLED AND HANDICAPPED PERSONS ELECTIONS (Cont'dJ Applicability of dog prohibitions to guide Candidacy and service dogs 4-27(d) Candidates for office; qualifying 10-5 Buildings Preservation of notice of candidacy 10-6 Accessibility to handicapped persons; Clerks. See herein: Inspectors and Clerk state law adopted 6-2 General elections, notice of 10-3 Parking violations re handicap spaces 18-37 Inspectors and clerk DISTRICTS Appointment 10-58 Fire districts 6-3 Compensation........................ 10-61 Filling vacancy 10-60 Zoning regulations 45-16 et seq. Good order, duty to maintain and report See: ZONING (Appendix C) violations 10-62 DISTURBANCES. See: CIV]I, DISORDERS Instruction prior to election 10-64 AND DISTURBANCES Oath required 10-59 DOCKS. See: BOATS, DOCKS AND WATER- Organization 10-63 WAYS Polling place Designated 10-76 DOCUMENTS AND PUBLIC RECORDS Policeman to be present 10-77 Department of records Protest of election returns; inspection by Deputy village clerk canvassing board 10-12 Appointment 2-68 Special elections Duties 2-69 Notice of............................. 10-4 Village clerk; duties When held 10-2 Election records, keeping 2-67(5) State laws Expiration of term, notice of 2-67(7) Applicable state laws adopted 10-1 Official seal, keeping 2-67(8) Voting machines may be used; state law Record ordinances 2-67(3) applicable....................... 10-7 Village council Village clerk, duties re keeping election Keep records of council.......... 2-67(2) records 2-67(5) Public council action 2-67(4) Village council to constitute canvassing Serve as clerk of council......... 2-67(1) board 10-11 Vital statistics, keeping 2-67(6) Voting machines may be used; state law Police division, duties re records......... 2-76(b)(1) applicable 10-7 Village clerk and deputy village clerk. See herein: Department of Records ELECTRICAL CODE DOGS Amendments, corrections, additions 11-12 Regulations enumerated......... q Code and county amendments adopted 11-11 4-24 et se Cade enforcement board, applicability re.. 2-173 See: ANIMALS AND FOWL DRAINAGE ELECTRICITY Stormwater management 21-61 et seq. Swimming pools; electrical equipment 25-8 See: STORMWATER MANAGEMENT ELECTRONIC AUDIO EQUIPMENT Subdivision design standards re easements and ri hts-of-wa 36-22(b) Noise control 19-104 'g y Zoning; surface water management EMERGENCIES C-3 Regional Business District 45-34.1(8) Ambulances . 17-50, 17-51 DROUGHT Emergency management 8-1 et seq. Water shortage emergencies 19-200 et seq. See: EMERGENCY MANAGEMENT See: WATER SHORTAGE EMERGEN- Emergency medical services CIES Fees Billing and collection 11.5-23 E Establishment 11.5-22 Generally 11.5-21 ELECTIONS Fire division 12-29 et seq. Ballots See: FIRE PREVENTION AND PRO- Direction for preparation 10-8 TECTION Public measure 10-10 Water shortage emergencies 19-200 et seq. Specifications; general and runoff elec- See: WATER SHORTAGE EMERGEN- tions 10-9 CIES Supp. No. 23 2941 NORTH PALM BEACH CODE Section Section t EMERGENCY MANAGEMENT FINANCES (Cont'd.) Applicability 8-2 Examine books 2-59(6) Civil disorders and disturbances Financial statements 2-59(3) Declaration of a state of emergency.... 8-22 Fiscal supervision over officers...... 2-59(5) Mayor designated local authorityfor Ares- Keep accounts 2-59(4) ervation of public peace.......... 8-21 Pay village employees 2-59(11) Declaration of a state of emergency 8-5 Prescribe form 2-59(1) Definitions 8-1 Receive and disburse moneys 2-59(10) Emergency management structure 8-3 Responsibility for proceeds of bonds . 2-59(7) Powers, duties and responsibilities 8-4 Investment policy of the village 2-4 Termination of a state of emergency...... 8-6 Pensions and retirement. See also that subject EMPLOYEES. See: OFFICERS AND EM- Length of service award plan for volun- PLOYEES teer firefighters 2-170 et seq. ENCLOSURES. See: FENCES, WALLS, Pension and certain other benefits for HEDGES AND ENCLOSURES fire and police employees 2-159 et seq. Pension and certain other benefits for ENERGY EFFICIENCY BUILDING CODE general employees 2-146 et seq. Adopted by reference 6-150 Planning and development; filing fees and ENGINE EXHAUST cost for changes 21-1, 21-2 Noise control olic Social security 2-136 et seq. p y 19-108 See: SOCIAL SECURITY EROSION CONTROL STRUCTURES Taxation. See that subject Construction regulations 5-93 et seq. Pillage manager 2-118 See: BOATS, DOCKS AND WATER- FINES, FORFEITURES AND OTHER PEN- WAYS ALTIES EXCAVATIONS Code enforcement board; fines and liens 2-178 Bulkhead lines 7-1 et seq. Code of ordinances, provisions re general See: BULKHEAD LINES penalty and continuing violations 1-8 Stormwater management 21-61 et seq. Parking violation 18-37, 18-38 See: STORMWATER MANAGEMENT Pension and certain other benefits for fire Street excavations 24-16 et seq. and police employees See: STREETS, SIDEWALKSAND PUB- Board of trustees for; forfeiture of mem- LIC PLACES bership on board for absenteeism . 2-164(b) Contributions; forfeitures 2-163(d) EXCRETA Dog waste, removal provisions re 4-31, 4-32 FIRE DISTRICT Property within village designated 6-3 F FIRE PREVENTION AND PROTECTION Code enforcement board, applicability re.. 2-173 FENCES, WALLS, HEDGES AND ENCLO- Department of public safety, provisions re SURES fire division 2-76(c) Landscaping 27-31 et seq. See: PUBLIC SAFETY DEPARTMENT See: LANDSCAPING Fire division Swimming pool requirements 25-37, 25-38 Composition 12-30 FINANCES Created; functions 12-29 Budget procedures 2-2 Emergency medical technician volun- Country club, provisions re 9-21(d), 9-32 teers 12-32 C_ ourt cost Equipment Assessment of additional court costs for Acquisition 12-52 criminal justice education expendi- tures 1-9 Department of finance Finance director; duties Accounts of receipts and expendi- t~res 2-59(8) Budget duties 2-59(2) Cancellation of evidences of old debt 2-59(9) Collect moneys and fees due village . 2-59(12) Sapp. No. 23 2942 CODE]NDEX Section Section IMPOUNDMENT (Cont'd.) LANDSCAPING (Cont'dJ Boats, docks and waterways; unlawfully Appearance plan (Appendix A). See that anchored or moored vessels subject Department of public safety to im- Application of provisions; enforcement.... 27-33 pound 5-18 Certain yard areas,off-street parking and Owner to be notified upon impound- other vehicular use areas went 5-19, 5-20 Existing plant material 27-67 Dogs and cats 4-30 Installation.........................: 27-60 Maintenance 27-61 INDECENCY AND OBSCENITY Parking area interior landscaping 27-65 Adult entertainment establishments Perimeter landscaping relating to abut- Zoningregulations re. See: ZONING (Ap- ting properties 27-64 pendix C) Plant material Alcoholic beverage establishments; nudity, Ground covers 27-62(e) partial nudity, sexual conduct prohib- Lawn grass 27-62(f) ited 3-4 Quality 27-62(a) Topless costumes 19-64 Shrubs and hedges................. 27-62(c) Vulgar language 19-65 Tree species....................... 27-62(b) Window peeping 19-66 Vmes 27-62(d) INSURANCE EXCISE TAXES Required landscaping adjacent to public Casualty insurance premiums 26-16 rights-of-way 27-63 Property insurance premiums............ 26-17 Scope, applicability . 27-59 Sight distance adjacent to public rights- INTRACOASTAL WATERWAY of-way and points of access....... 27-66 Marine sanctuary, designation as 5-101 Certificate of completion 27-35 Code enforcement board, applicability re.. 2-173 INVESTMENTS Completed landscaping required for certif- Investment policy of the village 2-4 icate of use and occupancy.......... 27-37 Definitions 27-31 J Improved nonresidential properties in ex- istence on September 23, 1971 JOINT AUTHORITY Applicable requirements 27-40(b) Definitions and rules of construction 1-2 Exceptions 27-40(c) JUNK Objectives 27-40(a) Planning commission, submission ofplans Abandoned, inoperative and junked prop- 14-37 et se to 27-40(d) erty q. See: GARBAGE AND TRASH Objectives 27-32 Off-street parking landscape manual 27-38 Plot use plan approval prerequisite to issu- H ante of permits for building and pav- KNIVES. See: FIREARMS AND WEAPONS ing 27-37 Refuse container areas 27-41 Scope; applicability 27-34 I' Weeds and brush 14-79 et seq. LAKE WORTH See: WEEDS AND BRUSH Marine sanctuary, designation as 5-101 Zoning ordinance, conflict with........... 27-39 Regulations governing construction of docks, LIBRARY piers in Lake Worth and Atlantic Dama ro ert unlawful 16-1 Ocean 5-85 leg P P Y Department of library LAND Librarian 2-93 Buildings; construction on public land pro- Library board hibited 6-1 APPointment......................... 16-17 Planning and development 21-01 et seq. Compensation, service without 16-20 See: PLANNINGAND DEVELOPMENT Composition 16-17 Subdivision regulations 36-1 et seq. Established.......................... 16-16 See: SUBDIVISIONS (Appendix B) Meetings 16-23 Organization 16-21 LANDSCAPING Powers and duties 16-22 Accessways 27-36 Qualifications........................ 16-19 Supp. No. 23 2945 i i E ~ NORTH PALM BEACH CODE I i Section Section LIBRARY (Cont'd.) LICENSES AND PERMITS (Cont'd.) Removal from office 16-24 Transfer of license Term of office 16-17 New location 17-25 Vacancies 16-18 New owner..........,,............. 17-24 Variable factors within applicant's knowl- LICENSES AND PERMITS edge, declaration where fee de- Alarm permit 19-208 et seq. pends on........................ 17-23 See: ALARMS When due and payable 17-19 Boat launching area permits 5-34 park and recreation facilities; meeting and Boats, docks and waterways gathering permits 20-31 et seq. Limitation on anchoring and mooring in See: PARKS, PLAYGROUNDS AND prohibited area; mooring permit RECREATION required 5-17 public services department, division of per- Bulkhead lines; filling permit............ 7-16 et seq. mits and inspections 2-85(1) See: BULKHEAD LINES Seawalls. See herein: Bulkheads and Sea- Bulkheads and seawalls 5-72 walls Code enforcement board, applicability re.. 2-173 Sidewalk and driveway permits.......... 24-55 et seq. Driveways. See herein: Sidewalk and Drive- See: STREETS, SIDEWALKS AND PUB- way Permits LIC PLACES Emergency medical services 11.5-21 Street excavation permits 24-28, 24-29 Flood damage prevention development per- Swimming pool construction permit 25-23, 25-24 mit 12.5-22 Utilities Garage, related sales 17-62 Use ofrights-of--way for utilities; written Home occupations. See also that subject permit 28-2, 28-3 Generally 17-16 et seq. Occupational license for home occu- LOTS pations 17-2(c) et seq. Subdivision design standards............ 36-18 Noise control; special permits excepted 19-119 Zoning regulations 45-1 et seq. Occupational licenses See: ZONING (Appendix C) Application for 17-18 Commercial vehicles, marking of 17-33.1 LOUDSPEAKERS Compliance by principal deemed compli- Noise control policy re loudspeakers and ante by agent 17-29 devices for advertising 19-105 Delinquency penalty 17-20 Doing business not covered by license.. 17-28 M Duplicate licenses 17-27 Duration 17-19 MANAGER. See: VILLAGE MANAGER False statements Engaging in business without license MANGROVE STANDS or under license issued on 17-32 Flood 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 MARIDE SANCTUARIES Generally 17-16 et seq. Designated . 5-101 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 Nonprofit enterprise, special permit for 17-22 MAYOR Posted or carried, license to be 17-26 Civil disorders and disturbances Refund of fee 17-30 Mayor designated local authority for pres- Registration required 17-17 ervation of public peace.......... 8-21 Renewal 17-20 Village council; presiding officer at meet- Required;basis of one year............ 17-16 mgs 2-18 Specified professions, how tax construed MEASURES. See: WEIGHTS AND MEA- T as to 17-21 SURES Suspension or revocation 17-30 Tax exemptions 17-31 MECHANICAL CODE Tax schedule 17-33 Standard code adopted.................. 6-17 Supp. No. 23 2946 CODE INDEX Section Section MEDICAL SERVICES N Emergency medical services 11.5-21 et seq. See: EMERGENCIES NOISE Animal noises 19-107 MEETINGS. See: ASSEMBLIES Buildings, premises or property Noise from.. 19-102 MISSILES, STONES, ETC. Code enforcement board, applicability re.. 2-173 Throwing missiles 19-83 Conduct, noisy and boisterous 19-106 MONTH Construction activity, permissible time for 19-111 Definitions 19-99 Definitions and rules of construction 1-2 Electronic audio equipment 19-104 MONUMENTS Enforcement Subdivisions, required improvements re 36-27 Authority 19-116 Procedure MOTOR VEHICLES AND TRAFFIC All other noises 19-117(b) Ambulances 17-50, 17-51 Motor vehicle noise enforcement, op- Businesses located outside village limits; erating 19-117(a) marking of commercial vehicles 17-34.13 Engine axhaust 19-108 Combat Auto Theft (CAT) 18-19 Exemptions 19-120 Fire division, provisions re cars and desig- Fixed mechanical equipment 19-112 nated emergency vehicles........... 12-31 et seq. Horns and signal devices 19-103 See: FIRE PREVENTION AND PRO- Loading, unloading and unpacking 19-110 TECTION Loudspeakers and devices for advertising. 19-105 Hitchhiking prohibited 19-6 Measurement procedure................. 19-113 Junked vehicles Musical instruments 19-104 Abandoned, inoperative and junked prop- Noise control measurement standards other 14-37 et se than motor vehicle noise standards.. 19-118 e~y ~ " • " ' ~ " " ' ~ " " ~ ' q• Noise control olic See: GARBAGE AND TRASH P Y••••••••••••••••••••• 19-100 Noise control policy, provisions re 19-103 et seq. Periods of observation 19-114 See: NOISE Radios 19-104 Occupational licenses; marking of commer- Special permits excepted 19-119 Unnecessary, excessive or offensive noise cial vehicles 17-33.1 Unlawful to make.................... 19-101 Park regulations re traffic 20-5 Vehicle defect or condition of load 19-109 Parking. See herein: Stopping, Standing Voluntary compliance 19-115 and Parking Public safety department NORTH PALM BEACH, VILLAGE OF. See: Police division, provisions re traffic 2-76(b)(5) VILLAGE Public services department NUDITY Division of signal service 2-85(3) Topless costumes prohibited 19-64 Stopping, standing and parking Parking restricted _ 18-34 NUISANCES Recreational, boating and camping equip- Abandoned, inoperative and junked prop- ment, and personal recreational use erty 14-37 et seq. trailers; parking on residential prop- See: GARBAGE AND TRASH erty restricted 18-35 Animals creating nuisances.............. 4-12 Signs, parking in violation of.......... 18-36 False alarms Vehicle, trailer or boat parking prohib- Excessive false alarms declared public ited upon paved or unpaved area of nuisance 19-212 the road right-of--way of specific Rabid animals declared nuisance.... , , 4-42 roadways 18-34.1 Weeds and brush 14-79 et seq. Violations; fines See: WEEDS AND BRUSH Handicap spaces 18-37 Non-handicap spaces 18-38 NUMBER Vehicular operation Definitions and rules of construction 1-2 Speed limits Generally 18-16 O Weight limitations on certain roads 18-18 OATH, AFFIRMATION, SWEAR OR SWORN MUSICAL INSTRUMENTS Administrative code, provisions re oaths of Noise control 19-104 office.............................. 2-41 Supp. No. 23 2947 NORTH PALM BEACH CODE Section Section OATH, AFFIRMATION, SWEAR OR SWORN OR, AND (Cont'd.) Definitions and rules of construction 1-2 Definitions and rules of construction 1-2 ORDINANCES. See: CODE OF ORDI- ' Election inspectors and clerk; oath re- NANCES quired 10-59 ~ General employees retirement board; oaths OWNER of office 2-154 Definitions and rules of construction 1-2 Reserve police force; oath required 23-47 OBSCENITY. See: INDECENCY AND OB- P SCENITY PALM BEACH COUNTY. See: COUNTY OBSTRUCTIONS PARKING Passageways, obstructing 19-47 Landscaping, provisions re off-street park- OCCUPATIONAL LICENSES 'ng.. " " " " " " " " " " " " ' • • • • • 27-38, 27-59 et seq. Regulations enumerated 17-16 et seq. See: LANDSCAPING See: LICENSES AND PERMITS Parks; designated parking areas 20-5(6) OFFENSES Stopping, standing and parking.......... 18-34 et seq. Definitions See: MOTOR VEHICLES AND TRAF- 19-1 FIC Enumerated 19-3 et seq. Zoning, provisions re off-street parking... 45-27 et seq. See also specific offenses as indexed See: ZONING (Appendix C) State misdemeanors adopted 19-2 PARKS, PLAYGROUNDSAND RECREATION OFFICERS AND EMPLOYEES Alcoholic beverages Administrative code 2-39 et seq. Consumption on playgrounds and public See: ADMINISTRATIVE CODE parks 3-3 Definitions and rules of construction 1-2 Bicycles Elections. See also that subject Operation in safe manner, etc.......... 20-6(2) Generally 10-1 et seq. Operation prohibited in certain areas 20-6(1) Inspectors and clerk 10-58 et seq. Buildings or structure, erecting 20-3 Finance director 2-59 Department of recreation Impersonating village official 19-8 Director's duties Librarian 2-93 Conduct community activity 2-110(2) Mayor 2-18, 8-16 Supervise recreation areas.......... 2-110(1) Pensions and retirement. See also that Ejectment of violators 20-8 subject Enforcement of provisions, responsibility . 20-7 Length of service award plan for volun- Hours regulated 20-1 teer firefighters 2-170 et seq. Meetings and gatherings Pension and certain other benefits for Liability for loss or injury 20-23 fire and police employees 2-159 et seq. Permit Pension and certain other benefits for Appeal from refusal to issue 20-35 general employees 2-146 et seq. Application........................ 20-33 Social securi 2-136 et se Form 20-32 ty q. Public safety director 2-75 Issuance standards 20-34 Public services director 2-g4 Required.......................... 20-31 Recreation director......... 2-110 Revocation 20-36 Social security 2-136 et seq. Rules and regulations, permittee bound See: SOCIAL SECURITY by 20-22 Village clerk and deputy village clerk..... 2-67 et seq. Property used to violate provisions, conf~s- cation of 20-9 See: DOCUMENTS AND PUBLIC RECORDS Public services department Village manager 2-115 et seq. Division of parks 2-85(2) See: VILLAGE MANAGER Recreation advisory board ~ Created 20-61 OFFICIAL TIME Duties 20-66 Definitions and rules of construction 1-2 Meetings 20-65 'i Officers' quorum, compensation........ 20-64 OPEN SPACES. See: YARDS AND OPEN Removal 20-63 SPACES Terms 20-62(b) Supp. No. 23 2948 CODE INDEX Section Section PARKS, PLAYGROUIVDSAND RECREATION (Cont'dJ Vacancies 20-62(c) Restrooms, failure to cooperate in keeping neat or sanitary 20-2 Traffic Enforcement of traffic regulations 20-5(2) Operation confined to roads 20-5(5) Parking areas designated 20-5(6) Signs 20-5(3) Supp. No. 23 2948.1 c CODE INDEX Section Section POLLUTION (Cont'd.) PUBLIC SERVICES DEPARTMENT Wellfield protection Director's duties 2-84 Regulation of business activities with Divisions potential to contaminate land and Municipal garage . . 2-85(4) water resources 19-221 Parks................................ 2-85(2) Permits and inspections 2-85(1) PRECEDING, FOLLOWING Refuse disposal 2-85(5) Definitions and rules of construction 1-2 Signal service 2-85(3) PROFANITY Street maintenance 2-85(6) Vulgar language prohibited in public places 19-65 R PROPERTY Abandoned, inoperative and junked prop- RABIES CONTROL 14-37 et se Provisions enumerated 4-42 et seq. erty q• See: ANIMALS AND FOWL See: GARBAGE AND TRASH Appearance plan (Appendix A). See that RADIOS subject Noise control 19-104 Boats, docks and waterways; unlawfully Police division, provisions re radio mainte- anchored or moored vessels nance 2-76(b)(6) Unclaimed vessel to be sold; certifica- tion of sale 5-21 REASONABLE TIME Definitions and rules of construction 1-2 Definitions and rules of construction 1-2 Dogs on property of others 4-28(b) RECORDS. See: DOCUMENTS AND PUB- Insurance excise taxes; property insurance LIC RECORDS premiums 26-17 Noise from property 19-102 RECREATION. See: PARK, PLAYGROUNDS Subdivision regulations 36-1 et seq. AND RECREATION See: SUBDIVISIONS (Appendix B) REFUSE. See: GARBAGE AND TRASH Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH RESTROOMS Parks and recreation facilities; failure to PUBLIC PLACES. See: STREETS, SIDE- cooperate in keeping restrooms neat WALKS AND PUBLIC PLACES or sanit 20-2 ary PUBLIC RECORDS. See: DOCUMENTSAND RETIREMENT. See: PENSIONS AND RE- PUBLIC RECORDS TIREMENT PUBLIC SAFETY DEPARTMENT Boats, docks and waterways; unlawfully S anchored or moored vessels SAND DUNES Department of public safety to impound 5-18 Flood damage prevention provisions...... 12.5-45 Director's duties Designate instructor 2-75(2) SANITATION. See: HEALTH AND SANITA- Make assignments 2-75(1) TION Divisions SCHOOLS Fire Coin-operated amusements; proximity to Fire fighting 2-76(c)(3) schools restricted 19-4 Fire prevention 2-76(c)(4) Maintain equipment 2-76(c)(2) SEAWALLS Report losses . 2-76(c)(1) Bulkheads and seawalls, construction re- Generally 2-76(a) quirements re 5-69 et seq. Police See: BOATS, DOCKS AND WATER- Crime prevention 2-76(b)(3), (4) WAYS Investigation 2-76(b)(3) SEXUALLY-ORIENTED ENTERTAINMENT Patrol 2-76(b)(2) Adult entertainment establishments Radio 2-76(b)(6) Zoningregulationsre. See: ZONING(Ap- Records 2-76(b)(1) pendix C) Traffic 2-76(b)(5) Emergency medical services 11.5-21 et seq. SHALL, MAY See: EMERGENCIES Definitions and rules of construction 1-2 Supp. No. 23 2951 I NORTH PALM BEACH CODE Section Section SHRUBBERY. See: TREES AND SHRUB- STORMWATER MANAGEMENT (Cont'd.) BERY Stormwater retention systems 21-69 SIDEWALKS. See: STREETS, SIDEWALKS Streets AND PUBLIC PLACES Minimum street grades 21-62 Roadside swales 21-65 SIGNAL DEVICES Subdivisions, required improvements re 36-31 Noise control 19-103 Water quality........................... 21-70 Zoning; surface water management SIGNATURE, SUBSCRIPTION C-3 Regional Business District 45-34.1(8) Definitions and rules of construction 1-2 SIGNS AND BILLBOARDS STREETS, SIDEWALKS AND PUBLIC PLACES Code enforcement board, applicability re.. 2-173 Code enforcement board, applicability re.. 2-173 Country club; provisions re signs......... 9-2 Definitions and rules of construction 1-2 Outdoor displays. See herein: Signs and Dogs on streets and sidewalks 4-28(a) Outdoor Displays Excavations Parking in violation of signs 18-36 Definition............................ 24-16 Parks, regulations re traffic signs 20-5(3) Equipment to be guarded 24-18 Signs and outdoor displays Liability of village 24-20 Construction standards 6-117 Permits Design standards 6-117 Fees 24-29 Exempt signs 6-112 Required 24-28 Location standards 6-117 Protective measures.................. 24-19 Measurement determinations 6-116 Refilling, tamping by excavator........ 24-17 Permitted permanent accessory signs 6-115 Resurfacing by village 24-17 Permitted temporary signs 6-114 Handbills; distribution restricted......... 19-7 Prohibited signs 6-113 Hitchhiking prohibited.................. 19-6 Provisions generally 6-111 Landscaping............................ 27-31 et seq. / Purpose and scope of regulations 6-110 See: LANDSCAPING El Zoning Missiles throwin g 19-83 C-3 Regional Business District 45-34.1(7) Motor vehicles and traffic 18-16 et seq. SOCIAL SECURITY See: MOTOR VEHICLES AND TRAF- Agreement authorized 2-138 FIC Appropriations by village 2-140 Obstructing passageway................. 19-47 Declaration of policy 2-136 Profanity; vulgar language prohibited 19-65 Exclusions from coverage 2-137 Public services department Records and reports 2-141 Division of permits and inspections 2-85(1) Social security act adopted 2-143 Streets maintenance division.......... 2-85(6) Withholding and reporting agent......... 2-142 Sidewalks and driveways Withholding from wages 2-139 Dangerous or abandoned driveways.... 24-46 Inspection fees; deposits pending ap- SPITTING proval 24-45 " Spitting in public places prohibited....... 19-5 Performance of work by village upon STATE failure of compliance 24-47 Definitions and rules of construction 1-2 Permits Driveway construction STENCH BOMBS Application; information required. 24-58 Excepted uses 19-82(c) Prohibited in certain instances... 24-57 j Possession prohibited 19-82(b) Required........................ 24-56 • Throwing or depositing 19-82(a) Separate permits required for drive- STORMWATER MANAGEMENT ways and sidewalk construction 24-55 Adoption 21-61 Sidewalks Applicability 21-61 Constructed required in certain cases 24-41 Design 21-61 Exceptions to requirements......... 24-42 Finished floor of structures, level of 21-63 Specifications Objectives of system design 21-68 Driveways......................... 24-43(c) Open channels and outfall ditches........ 21-66 Generally 24-43(a) Post development runoff rates, volumes Sidewalks 24-43(b) and pollutant loads 21-67 Village engineer, driveways to be con- Storm drainage facilities generally 21-64 strutted under supervision of..... 24-44 Supp. No. 23 2952 CODE INDEX Section Section STREETS, SIDEWALKS AND PUBLIC PLACES (Cont'd.) Smoke, dust, odors, liquids, etc........... 19-9 Spitting in public places prohibited....... 19-5 Supp. No. 23 2952.1 1 CODE INDEX Section Section TELECOMMUNICATIONS (Cont'd.) UTILITIES (Cont'd.) Intent and purpose 29-2 Use of rights-of--way for utilities Registration 29-4 Code enforcement board, applicability Involuntary termination 29-9 re 2-173 Reports and records 29-6 Rules and regulations adopted 28-1 Rights-of--way, use 29-8 Written permit (franchise) Security fund 29-14 Contents 28-3 Service tag, generally 26-51 et seq. Required; term 28-2 See: TAXATION Title 29-1 UTILITY TAX Transfer of control; sale or assignment 29-11 Collection 26-30 Underground installation; relocation 29-7 Exemption 26-31 Levied;rate 26-29 TELEPHONES Alarms; interference with public safety de- V partment trunk line prohibited 19-215 VILLAGE TELEVISION Defimitions and rules of construction 1-2 Cable television rate regulation 17-1 TENSE VILLAGE COUNCIL Compensation 2-16 Definitions and rules of construction 1-2 Defimitions and rules of construction 1-2 THEFT Elections; village council to constitute can- Combat Auto Theft (CAT) 18-19 vassing board...................... 10-11 Meetings TIME Adjournment of all meetings 2-19 Definitions and rules of construction 1-2 Regular meetings TRAFFIC. See: MOTOR VEHICLES AND Presiding officer _ 2-18 TRAFFIC When held 2-17 Rules of procedure. See herein that sub- TRAILERS ject Personal recreational use trailers; parking Rules of procedure on residential property restricted 18-35 Order of business 2-26 TRASH. See: GARBAGE AND TRASH Parliamentary rules 2-27 Village clerk, duties re 2-67 TREES AND SHRUBBERY VILLAGE MANAGER Code enforcement board, applicability re.. 2-173 Administrative code, provisions re 2-39 et seq. Landscaping 27-31 et seq. See: ADMINISTRATIVE CODE See: LANDSCAPING Bond 2-117 Missiles, throwing 19-83 Parks and recreation facilities; climbing Budget 2-118 Budget procedures, duties re 2-2 trees,etc 20-4 Removal 2-116 Swale areas, trees in Resident 2-115 Definitions 27-16 Y.............................. Planting and removal; written approval VOYEURISM required 27-17 Window peeping prohibited.............. 19-66 Scope 27-19 Variety and location 27-18 W U WALLS. See: FENCES, WALLS, HEDGES UTILITIES AND ENCLOSURES Flood damage prevention provisions...... 12.5-41(3), (5) WATER SHORTAGE EMERGENCIES Franchises enumerated. See Appendix D Application 19-201 Street construction work; cost of changing Definitions 19-200 or removal of public utilities 24-4 Enforcement Subdivision design standards re easements Emergency power 19-204 and rights-of-way 36-22(a) Generally............................ 19-203 Subdivisions, required improvements re 36-32 Implementation Telecommunications service tax 26-51 et seq. Exemptions 19-202(b) See: TAXATION Permanent restrictions 19-202(a) Supp. No. 23 2955 i NORTH PALM BEACH CODE Section Section WATER SHORTAGE EMERGENCIES ZONING (Generally) (Cont'd.) (Confd.) Landscaping; conflict with zoning ordi- Sanitation, exception to maintain 19-205 nance 27-39 Violations and penalties 19-206 Planning commission; changes to zoning WATER SUPPLY AND DISTRIBUTION ordinances 21-12 Subdivision regulations 36-1 et seq. Stormwater management................. 21-61 et seq. See: SUBDIVISIONS (Appendix B) See: STORMWATER MANAGEMENT Wellfield protection 19-220, 19-221 Zoning; C-3 Regional Business District Surface water management 45-34.1(8) WATERWAYS. See: BOATS, DOCKS AND WATERWAYS WEAPONS. See: FIREARMS AND WEAP- ONS WEEDS AND BRUSH Lien Recorded statement of removal costa con- stitutes lien; collection........... 14-83 Notice to destroy 14-80 Owner to bear costs of removal 14-82 Prohibited over certain height 14-79 Removal by village 14-81 WEEK Definitions and rules of construction 1-2 WEIGHTS AND MEASURES Motor vehicle operation; weight limitations on certain roads 18-18 Noise measurement procedure 19-113 WELLFIELD PROTECTION Business activities with potential to con- taminate land and water resources, regulation of 19-221 County wellfield protection ordinance adopted by reference 19-220 WRITTEN, IN WRITING 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: HOME OCCUPATIONS Supp. No. 23 2956 IThe next page is 2965]