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Pages Replaced by Supplement #23 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. Department of Treasury 138.1 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. 1V. Manager 142.1 Art. V. Pensions and Retirement Systems 142.1 Div. 1. Generally 142.1 Div. 2. Social Security 142.1 Supp. No. 22 gi i 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 As t. 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. IV. 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 I Art. II. Filling Permit 455 ~I 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 617 1 Supp. No. 22 xii TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV. Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 11.5. Emergency Service 695 Art. I. In General 697 Art. II. Emergency Medical Services 697 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Fire Prevention Code 725 Art. III. Fire Division 726 Div 1. Generally 726 Div 2. Personnel 727 Div 3. Equipment 727 Div 4. Reserved 728 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse 891 Div 1. Generally 891 Div. 2. Garbage Collection and Disposal 891 Div 3. Abandoned, Inoperative and Junked Prop- erty 892 Art. 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 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 Supp. No. 22 Rill i 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 Div. 1. Generally 1292 \ Div 2. Permit 1292 J} 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. IV. Concurrency Management 1349 Art. V. Stormwater Management ~ 1360 Art. VI. Archaeological Site Protection Regulations 1363 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places 1517 Art. I. In General 1519 Art. II. Excavations 1519 Div 1. Generally 1519 Div 2. Permit 1520 Art. III. Sidewalks and Driveways 1520 Div 1. Generally 1520 Div 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Supp. No, 22 x1V TABLE OF CONTENTS--Contd. 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. N 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. N Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art. I. In General 2481 Art. II. Generally 2482.3 Art. III. District Regulations 2486.4 Arts. N, 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. 22 gp NORTH PALM BEACH CODE l Page Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 1 i Supp. No. 22 Xvi Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on 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 ixi 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 17 vii, viii OC 138.1 17 ix OC 139, 140 OC x.i, x.ii 1 141, 142 22 x.iii 1 142.1, 142.2 22 xi, xii 22 143 16 xiii, xiv 22 144.1, 144.2 12 xv, xvi 22 144.3 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 10 161, 162 19 135, 136 22 163, 164 22 Supp. No. 22 [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 OC 892.1 15 383, 384 17 893, 894 OC 3$5 17 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 8 947, 948 3 398.7, 398.8 17 997 OC 398.9, 398.10 17 999, 1000 22 398.11, 398.12 21 1051 OC 398.13, 398.14 20 1053, 1054 9 398.14.1 20 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. 22 [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 OG 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 21 1575, 1576 OC 2482.1, 2482.2 21 1577 OC 2482.3 21 1627 9 2483,2484 14 1629, 1630 21 2485, 2486 16 1631 21 2486.1, 24862 16 1681 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. 22 [3] NORTH PALM BEACH CODE Page No. Supp. No. 2504.1, 2504.2 16 2505, 2506 10 2507, 2508 13 2509, 2510 13 2510.1, 2510.2 13 2510.3, 2510.4 13 2510.5, 2510.6 17 2510.7, 2510.8 17 2510.9 17 2511, 2512 OC 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 2879, 2880 OC \ 2881, 2882 14 ) 2883, 2884 14 2885, 2886 19 2887, 2888 22 2933, 2934 OC 2935, 2936 22 2937, 2938 17 2939, 2940 22 2941, 2942 22 2942.1 22 2943, 2944 17 2945, 2946 22 2946.1 22 2947, 2948 17 2949, 2950 20 2950.1 20 2951, 2952 16 2953, 2954 21 2955, 2956 21 ~ 2965, 2966 15 2967 15 Supp. No. 22 [4] Chapter 2 ADMIlVISTRATION* 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. Department of ~easury, 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. \7. 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 Employees, 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. 10 133 ~.~---~ ~f i a 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 (5) Report of mayor; following departments and heads thereof: (6) Statements from the public; (1) Department of finance, director of fi- nance. (7) Consent agenda; (2) Department of public safety, director of (8) Petitions and communications; public safety. (9) Reports of special committees and recom- (3) Department of public services, director of mendations of advisory boards; public services. (10) Village manager's report; (4) Department of recreation, director of rec- (11) Declaration of ex pane communications; reation. (12) Ordinances; (5) Department of library, librarian. (13) Resolutions; (6) Department of country club, country club administrator. (14) Miscellaneous business; (15) Adjournment. (b) In addition, there shall be a department of (Code 1970, § 2-17; Ord. No. 6-74, § 1; Ord. No. records headed by the village clerk and adepart- 22-98, § 1, 6-13-98; Ord. No. 14-98, § 1, 0-25-90) went of treasury headed by the village treasurer under the village council, which departments Sec. 2-27. Parliamentary rules. shall be coordinated into the administrative ser- vice and cooperate with the administrator so as to The presiding officer, when the council is in coordinate the entire administrative service of the session; shall enforce parliamentary rules for its village. government so far as they are applicable to such (Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75; Ord. No. 44-97, § 1, 10-9-97) legislative body. Cross references-Country club, Ch. 9; library, Ch. 16; (Code 1970, § 2-19) parks, playgrounds and recreation, Ch. 20; police, Ch. 23; streets, sidewalks and public places, Ch. 24. Secs. 2-2~2-38. Reserved. Sec. 2-41. Oaths of office. (a) Persons required to take oath of office. Each ARTICLE III. ADN~lISTRATIVE CODE of the following officers and employees in the administrative service shall be required to take an oath of office before entering upon the dis- DIVISION 1. GENERALLY charge of his duties,. which oath shall be sub- 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 As used in this article, unless the context department head. 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. 17 137 § 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 I, , do solemnly swear Sec. 2-42. Bonds regatired of certain officers. that I will support the Constitution of the United States, the Constitution of the State of The following named village officials shall each, Florida, .and the Charter and Code of the Vil- before entering upon the duties oftheir-respective ~ lage of North Palm Beach; that I will faithfully, offices, give a good and sufficient surety company honestly and impartially discharge my duties bond to the village, duly approved by the village as during my continu- attorney, and conditioned upon the faithful pen- ance therein; that I am not directly or indi- formance and discharge of their respective duties, rectly pecuzuarily interested in any public ser- and for the proper application and payment of all vice corporation engaged in business in the money or property coming into their hands by Village of North Palm Beach, or in or with any virtue of their offices in the following amounts: person or corporation having contracts with (1) Village manager, two hundred thousand said 'V'illage, so help me God. dollars ($200,000.00). (2) Village treasurer, two hundred thousand dollars ($200,000.00). Subscribed and sworn to before me this (3) Village clerk, ten thousand dollars day of ~ lg ($10,000.00). (4) Village tax collector, two hundred thou- sand dollars ($200,000.00). (c) Form of oath for members of department of (5) Country club manager or country club public safety. The following shall be the form of administrator, two hundred thousand dol- oath for the members of the department of public lags ($200,000.00). safety: (Code 1970, § 2-34; Ord. No. 23-96, § 1, 6-13-96) State of Florida ) County of Palm Beach ) ss. Sec. 2-43. Policy anti procedures. Village of North Palm Beach ) (a) Officers. Each officer shall perform all du- I, , do solemnly-swear ties required of his office by state law, the charter, that I will support the Constitution of the the Code of the village, and such other duties not United States, the Constitution of the State of in conflict therewith as may be required by the Florida and the Charter and Code of the Vil- village manager. lage of North Palm Beach; and that I will, to (b) Department heads. The heads of depart- the best of my ability, faithfully perform the meets .shall: duties of the office of Public Safety Officer during my continuance therein, so help me (1) Responsibility to village manager. The God. heads of departments including the- coun- try club administrator shall be immedi- ately responsible to the village manager ~ for the effective administration of their 1. Supp. No. 17 138 ADMINISTRATION § 2-51 respective departments and all activities be the duty of the treasurer to act to promote, assigned thereto, except as provided in secure and preserve the financial and property section 2-40. interests of the village. The treasurer shall: (2) Inaugurate sound practices. Keep in- (1) Fiscal supervision over officers. Exercise formed as to the latest practices in their general supervision over all officers of ~he- particular field and shall inaugurate, with village regarding the proper management the approval of the village manager, such of the fiscal concerns of their respective new practices as appear to be of benefit to offices. the service and to the public. (2) Examine books. Examine the books of (3) Report to village manager. Submit monthly each department, from time to time, and and annual reports of the activities of his see that they are kept in proper form. department to the village manager. (3) Report delinquent payments and f °cnancial (4) Maintain records. Establish and maintain reports. See that officers receiving money a system of filing and indexing records pay the same into the village treasury, and reports in sufficient detail to furnish all information necessary for proper con- trol of departmental activities and to form a basis for the periodic reports to the village manager. (5) Authority over employees. Have power, when authorized by the village manager, to appoint and remove, subject to person- nel policy regulations for personnel, all subordinates under him. (6) Maintain equipment. Be responsible for the proper maintenance of all village prop- erty and equipment used in his depart- ment. (c) Departments. Each department shall fur- nish, upon the direction of the village manager, any other department such service, labor and materials as may be requisitioned by the head of such department, and as its own facilities permit, through the same procedure and subject to the same audit and control as other expenditures are incurred. (Code 1970, § 2-35; Ord. No. 44-97, § 2, 10-9-97; Ord. No. 5-99, § 1, 1-28-99) Secs. 2-44-2-50. Reserved. DIVISION 2. DEPARTMENT OF TREASURY Sec. 2-51. Treasurer's duties. In all cases where the duty is not expressly charged to any other department or office, it shall Supp. No. 17 138.1 j/\( l i~ l ADMINISTRATION § 2-59 when thereto required, and that all neces- he shall report the same to the village at- sary financial reports are made by officers, torney for prosecution. and shall report all delinquents in such pay- (11) Permits and licenses. Issue all permits and menus or reports to the village manager and licenses except those which are required by council. ordinance to be issued by a particular de- (4) Duty upon default of officer. Report the de- paz'tment or office. fault of any officer of the village to the vil- (12) Monthly report to finance director. Make a lage manager who shall direct the village detailed. report to the finance director on attorney to take immediate legal measures the first day of each month, as to the busi- for the recovery of the amount for which ness of his office during the month pre- such officer may be in default. ceding, showing the balance on hand to the (5) Responsibility for proceeds of bonds. De- credit of the different funds at the time of posit the proceeds of all sales of bonds with his last report, the amounts received during the village treasurer immediately after he the month, and on what account, together shall have received the same; until such with such other items and facts as the di- deposit, he shall be responsible for the rector of finance may require. amount thereof. (Code 1970, § 2-36) (6) Accounts of receipts and expenditures. Keep Secs. 2-52-2-58. Reserved. in proper books, a full and accurate account of all the moneys received and disbursed by .DIVISION 3. DEPARTMENT OF FINANCE him in behalf of the village, specifying the time of receipt and disbursement, from • Sec. 2.59. Finance director; duties. whom received and to whom disbursed, and on what account received and disbursed, The department of finance shall be headed by and how paid. the finance director, who shall: (7) Cancellation of evidences of debt. Cancel all (1) Audit accounts. Examine and audit the ac- counts of all officers and departments sub- warrants and other evidences of debt, ject to the approval of the village manager against the village, whenever paid by him, and council. by writing or stamping across the face thereof the words "Paid by the Village (2) Prescribe form. Prescribe the form of ac- Treasurer," with the date of payment counts and reports to be rendered by him. written or stamped thereon. (3) Certify contracts. Certify according to law (8) Receive and disburse moneys. Receive and all contracts, agreements or other obliga- have custody of all moneys paid to the vil- tions for the expenditure of public funds lage and shall disburse all village moneys. entered into by' any official of the village government, and no such contract, agree- (9) Pay village employees. Pay village em- ment or other obligation shall be valid until ployees upon presentation of the properly so certified by him. certified payroll. (4) Budget duties. Prepare estimates of rev- (10) Collect moneys and fees due village. De- enue, and shall give such other assistance mand and receive all moneys and fees owing in the preparation of the budget as maybe to the village whenever any person is in- required of him by the village manager. debted to the village in any manner, and (5) Financial statements. Transmit to the vil- the means of collection of such debt is not lage manager at least semimonthly audited otherwise provided by law. When any claim statements of cash on hand and of classi- shall not be collectible by other methods, fied unencumbered appropriation balances 139 § 2-59 NORTH PALM BEACH CODE ~ for the village as a whole, and such other (5) Keep election records. Keep and maintain financial statements as the manager may all election records and have custody of all from time to time require. He shall keep all property used in connection with elections. departments, boards, commissions or insti- tutions currently informed of their classi- (6) Keep vital statistics. Prepare, attest and re- fiedunencumbered appropriation balances. port on the vital statistics of the village. (6) Keep accounts. Keep all general accounts of (7) Notice of expiration of term. Notify the ap- ~ the village government and of the respec- pointing authority of the impending expi- tive departments, offices, boards, commis- ration of the term of office of a member of sions and institutions thereof any board or commission, such notice to be given at least thirty (30) days before such (7) Custodian of bonds, contracts, etc. Be expiration. charged with the custody of the official (g) Keep official seal. Be the custodian of the bonds of village employees, .except his own, which shall be in the custody of the village official seal of the village. treasurer, and with the custody of all deeds, (Code 1970, § 2-38) mortgages, contracts, judgments, notes, debts and choses in .:action. He shall keep Sec. 2.68. Deputy village clerk-Appoint- and administer all securities, bonds or other ment. forms of negotiable -instruments owned by The deputy village clerk shall be appointed by or belonging to the village. the village clerk, subject to confirmation of such (Code 1970, § 2-37) appointment by majority vote of the members of the village council. The village council shall not Secs. 2-60-2.66. Reserved. recommend a person to be appointed by the vil- ~'p lage clerk, but shall have the power to withhold DIVISION 4. DEPARTMENT OF RECORDS* confirmation of any person recommended for ap- pointment by the village clerk until the village council is satisfied with the person recommended Sec. 2-67. Village clerk; duties. by the village clerk to be deputy village clerk. The department of records shall consist of a vil- (Ord. No. 17-79, § 2, 8-9-79) lage clerk, who shall: (1) Serve as clerk of council. Serve as clerk of Sec. 2.69. Same-Duties. the council and perform such other duties The deputy village clerk shall: of a like nature as shall be required by that body. (1) During the absence or disability of the vil- lage clerk, perform the duties of village (2) Keep records of council. Be responsible for clerk. the recording, filing, indexing and safe- perform such duties as are assigned to her keeping of all proceedings of the council. by the village clerk in .accordance with the (3) Record ordinances. Record in full, uniformly responsibilities of the village clerk as set and permanently, all ordinances and shall forth in section 2-67 of this Code. authenticate the same. (3) At the direction of the village clerk, per- I (4) Public council action. Publish all adopted form such additional services as maybe re- ordinances and resolutions of the council, quired by the departments managed by the and all legal notices required by law or or- village manager. dinance. (Ord. No. 17-79, § 2, 8-9-79) *Cross reference-Certain personnel information exempt from public disclosure, § 2.3. Secs. 2-70-2-74. Reserved. 140 Chapter 6 BUILDINGS AND BUILDING REGULATI®NS* Art. I. In General, 6-1-6-15 Art. II. Minimum Construction Standards, 6-16-6-29 Art. III. Appearance Code, 6-30-6-71 Div. 1. Generally, 6-30-6-42 Div. 2. Reserved, 6-43-6-55 Div. 3. Certificate of Appropriateness, 6-56-6-71 Art. IV. Reserved, 6.72-6.110 Art. V. Signs and Outdoor Displays, 6.111-6-149 Art. VI. Energy Efficiency Building Code, § 6-150 Art. VII. Coastal Construction Code, 6-151-6-156 *Cross 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. ss1 I l BUILDINGS AND BUILDING REGULATIONS § 6-111 upon which such certificate was granted shall be (3) Identification signs of a prototype design turned over to the building inspector whose re- shall conform to the criteria for building sponsibility it shall be to determine, from time to and ground signs. time as the project is in progress and finally upon (4) Materials used in signs shall have good ar- its completion, that there have been no unautho- chitectural character and be harmonious rized deviations from the evidence upon which the with the building design and surrounding granting of the certificate of appropriateness was landscape. originally based. -The building inspector shall not issue a certificate of occupancy for any building or (5) Every sign shall be designed so as to have structure where there have been any deviations visual relationship to buildings and sur- from the certificate of appropriateness which has roundings. been granted. (6) Colors shall be used harmoniously and with (Code 1970, § 6-38) restraint. Excessive brightness and bril- liant colors shall be avoided. Lighting shall Secs. 6-61-6-71. Reserved. be harmonious with the design. If external spot or flood lighting is used, the light fix- tures and light source shall be arranged so ARTICLE IV. RESERVED* that the light source is shielded from view. (7) All permanent signs shall comply with the Secs. 6-72-6-110. Reserved. requirements and procedures of the Village Appearance Code. ARTICLE V. SIG)iIS A1mID OiTTDOOR (B) Relationship to building and electrical codes. DISPLAYS These sign regulations are intended to comple- went the requirements of the building and elec- Sec. 6-111. General provisions. trical codes adopted by the village. Wherever there is inconsistency between these regulations and the (A) Criteria for appearance. building or electrical code, the more stringent re- (1) Wall signs shall be part of the architectural quirements shall apply. concept of the building. Size, color, letter- (C) Nonconforming signs. All building wall sign ing, location and arrangement shall be har- structures, awning signs, pole sign structures and monious with the building design, ground sign structures erected within the village (2) Ground signs shall be designed to be com- that do not conform to the terms of this code shall patible with the architecture of the build- conform by October 14, 2003, or be removed from ing. The- same criteria applicable to wall the premises. A face change on a building wall signs shall apply to ground signs. sign, awning sign, pole sign or ground sign will not require the sign to conform. All other signs *Editor's note~ection 3 of Ord. No. 4-90, adopted Mar. 8, and outdoor- displays shall conform within thirty 1990, repealed former Art. IV, "Contractors," which contained (30) days of the effective date of this article. A 6-72--6-81 and 6-$9-6-99. The repealed provisions derived nonconforming sign may not be enlarged or al- from Code 1970, § 10-1-10-11, and Ord. No. 19-82, 1-6, tered to increase its nonconformity. Should any adopted Oct. 14, 1982. tEditor's note-Ord. No. 24-93, § 1, adopted Oct. 14, 1993, nonconforming sign be damaged by any means to repealed the provisions of former Axt. V, 6-111-6-138, rel- an extent Of more than fifty (50) percent Of ItS ative to signs and outdoor displays, and § 2 of said ordinance replacement cost at the time of damage, it shall enacted a new Art. V to read as herein set out in 6-111-6- riot be reCOristructed Or repaired except iri COrifOr- 117. The provisions of former Art. V derived from Ord. No. 10-50, adopted May 22, 1980; Ord. No. 32-80, adopted Oct. 23, mity with the provisions of this article. 1980; Ord. No. 7-$5, adopted May 9,1985; Ord. No. 1-88, adopt- (D} Appeals and review. The applicant may file ed Jan. 14, 1988; Ord. No. 5-89, adopted Feb. 9, 1989; and ord. an appeal to the village council on any ruling by No. 19-89, adopted Sept. 14, 1989. Cross references-Appearance plan, App. A; zoning, App. the planning COmmiS5i0II aS t0 this Slgri Code in C. accordance with section 6-35 of the Village Code. Supp. Na. s 398.5 i § 6-111 NORTH PALM BEACH CODE ~ it (E) Variance. removal of such sign and any expenses in- ~ (1) Permanent sign. Dimensional restrictions cident thereto shall be paid by the owner of outlined in this Code or- viewing obstacles the building or structure to which said sign ~ shall be considered the only grounds of a is attached. i hardship for appeal from the regulations (H) Definitions. described herein. Any increase in the height Accessory sign. A permanent ground or build- _ or size of a sign or setback thereof in the ing wall sign that is permitted under this Code granted variance shall not exceed thirty (30) as incidental to an existing or proposed use of percent of the requirements of this code. land. (2) The board of adjustment shall hear and rule on all applications for variance to this Code. Advertising. Sign copy intended to directly or All the provisions of Article III, Chapter 21 indirectly promote the sale or use of a product, of the Village Code, shall apply to applica- service, commodity, entertainment, or real or tions for variance to this code. personal property. (3) All applications for variances to regula- Awning. An architectural projection that pro- tions established by this article shall be filed vides weather protection, identity and/or deco- with the building official upon a form sup- ration and is wholly supported by the building plied by the village. The application shall to which it is attached. An awning is comprised ' be accompanied by a filing fee of one hun- of a lightweight, rigid or retractable skeleton dred fifty dollars ($150.00). over which an approved cover is attached. (F) Enforcement. The building official may ini- Awning sign. A sign painted on, printed on or tiate action before- the code enforcement board of attached flat against the surface of the awning. the village to obtain compliance with this code. Back lit awning. An internally illuminated `t (G) Maintenance. awning with translucent covering. (1) All signs, including their supports, braces, Building wall sign. A sign displayed upon or guys and anchors, electrical parts and light- attached to any part of the exterior of a build- ing fixtures, and all painted and display ing, including walls, windows, doors, parapets, areas, shall be maintained in accordance awnings and roof slopes of forty-five (45) de- with the building and electrical codes adopt- grees or steeper. ed by the village, and shall present a neat Changeable copy sign. A sign which is visible and clean appearance. The vegetation from outside a building and which is character- around the base of ground signs shall be ized by changeable copy, regardless of method neatly trimmed and free of unsightly weeds, of attachment of the copy. and no rubbish or debris that would consti- tute afire or health hazard shall be permit- Commercially developed parcel. A parcel of ted under or near the sign. property on which there is at least one walled (2) Any sign now or hereafter existing which and roofed structure used, or designed to be used, for other than residential or agricultural no longer advertises a bona fide business purposes. conducted or a product sold shall be taken down and removed by the owner, agent or Copy. The linguistic or graphic content of a person having the beneficial use of the sign. building or structure upon which sign may Directional sign. An on premises sign designed be found within ten (10) days after written to guide or direct pedestrians or vehicular traf- notification from the building official. Upon fic. failure to comply with such notice within the specified time in such order, the build- Electric sign. Any sign containing electric wir- ~ ing official is hereby authorized to cause ing. Supp. No. 8 398.6 BUILDINGS AND BUILDING REGULATIONS § 6-111 Erect a sign. To construct, reconstruct, build, the supporting structure to the top of the sign, relocate, raise, assemble, place, affix, attach, or its frame or supporting structure, whichever create, paint, draw, or in any other way bring is higher. into being or establish a sign but it shall not include any of the foregoing activities when Illuminated sign. A sign which contains a performed as an incident to routine mainte- source of light or which is designed or arranged nance. to reflect light from an artificial source includ- ing indirect lighting, neon, incandescent lights, Frontage. The length of the property line of back-lighting, and shall also include signs with any one parcel along the. main street on which reflectors that depend upon automobile head- it borders. lights for an image. Ground sign. A sign that is supported by a Logo. Any symbol, trademark, picture or three (3) foot high maximum base. The sign other graphic representation which is used to and base shall be monolithic, shall generally signify or identify the particular business or have a columnar line and shall essentially have organization. the same contour from grade to top. A sign which is independent of any building for sup- Marquee. A structure projecting from and pow, completely supported by a building and which extends beyond the building line or property Harmful to minors. With regard to sign line and fully or partially covers a sidewalk, content, any description or representation, in public entrance or other pedestrian way. whatever form, of nudity, sexual conduct, or sexual excitement, when it: Multiple occupancy complex. A commercial use, i.e. any use other than residential consist- . (1) Predominately appeals to the pruri- ing of a parcel of property, or parcel of contig- ent, shameful, or morbid interest of uous properties,. existing as a unified or coor- minors in sex, and dinated project, with a building or buildings (2) Is patently offensive to contempo- housing more than one occupant. racy standards in the adult commu- nity as a whole with respect to what Neon tube sign. A sign electrically lighted by is suitable sexual material for mi- exposed tubes containing inert gas and visible nors and from outside of a building. (3) Taken as a whole, lacks serious lit- Nonconforming sign. A sign existing at the erary, artistic, political, or scientific effective date of the adopting of this article value. which could not be built under the terms of this article. The term "harmful to minors" shall also in- clude any non-erotic word or picture when it: Occupant (occupancy). The use of a building (1) Is patently offensive to contempo- or structure, or any portion thereof for commer- rary standards in the adult commu- cial transactions. pity as a whole with respect to what Off site/premise sign. A sign advertising an is suitable for viewing by minors, establishment, merchandise, service or enter- and tainment, which is not sold, produced, manu- (2) Taken as a whole, lacks serious lit- factured or furnished at the property on which erary, artistic, political, or scientific said sign is located. value. Outline neon lighting. An arrangement of Height of a sign. The height of a sign shall be electric discharge tubing to outline or call at- measured as the vertical distance from the tention to certain features such as the shape of finished grade, excluding berms, at the base of a building or the decoration of a window. Supp. No. 17 398.7 i I § 6-111 NORTH PALM BEACH CODE . Painted wall sign. A sign painted on a wall Street. A public or private right-of--way for or on any other surface or part of a building or vehicular traffic, including highways, thorough- structure. fares, lanes, roads, ways, and boulevards. Parcel. A unit of land within legally estab- Temporary sign. A sign which is intended to lished property lines. If, however, the property advertise community events, civic projects, po- lines are such as to defeat the purposes of this litical candidacy, political issues, real estate for Code or lead to absurd results, a "parcel" may sale or lease or other special events on a short be as designated for a particular site by the term basis. building official. Unit. That part of a multiple occupancy Permanent. Designed, constructed and in- complex housing one occupant. tended for more than short term use. Vehicle sign. A sign of any nature attached Pole sign. A sign supported permanently to, affixed in any manner or painted on a motor upon the ground by poles or braces and not vehicle or trailer. attached to any building. (I) Permits. Portable sign. Any sign which is manifestly (1) A sign shall not hereafter be erected, designed to be transported by trailer or on its constructed, altered or maintained except own wheels, including such signs even though as provided in this Code, until after a the wheels maybe removed and the remaining permit for the same has been issued in chassis or .support structure converted to an A accordance with the permitting proce- or Tframe sign and .attached temporarily or dures of the building code. permanently to the ground. 1 (2) Fees. Fees shall be based on the construe- - Roof Zine. A horizontal line intersecting the tion valuation as set forth in the building ~ highest point or points of a roof. code. Roof sign. A sign placed above the roof line of (3) Exemption. Temporary signs are exempt a building or on or against a roof slope of less from the requirement of obtaining aper- than forty-five (45) degrees. mit or paying a fee, but they shall be subject to the other provisions of this Sign. Any writing, pictorial presentation, chapter. number, illustration, or decoration, .flag, ban- (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 1, ner or pennant, balloon, search light, or other 8.11-94; Ord. No. 10-99, § 1, 2-11-99) device which is used to announce, direct atten- tion to, identify, advertise or otherwise make Sec. 6-112. Exempt signs. anything known. The term .sign shall not be deemed to include the terms "building" or "land- The following signs are exempt from the oper- scaping;' or any architectural embellishment ation of these -sign regulations; and from the of a building not intended to communicate requirement in this Code that a permit be ob- information. tained for the erection of permanent signs, pro- vided they are not placed or constructed so as to Sign. face. The part of a sign that is or may be create a hazard of any kind: used for copy. (A) Signs that .are not designed or located so Sign face area. The area of any regular as to.be visible from any street or adjoin- geometric shape which contains the entire sur- ing property. face area of a sign upon which copy may be placed. (B) Parking area directional signs may be erected at each point of ingress and egress Sign structure. Any construction used or to a parking lot or parking area. Such ) designed to support a sign. signs shall not exceed two (2) square feet Supp. No. 17 398.8 BUILDINGS AND BUILDING REGULATIONS § 6-113 in background area nor extend to a height (K) Public warning signs to indicate the dan- greater than three (3) feet above ground. gers of trespassing, swimming, animals or Only one (1) such sign shall be allowed at similar hazards. each point of ingress and egress, provided (L) Works of art that do not constitute adver- such signs do not create a traffic or pedes- tising. trian hazard. (See section. 6-116(D)) No names or logos permitted. (M) Signs carried by a person. (C) Signs necessary to promote health, safety (N) Religious displays. and welfare, and other regulatory, statu- (Ord. No. 24-93, § 2, 10-14-93) tort', traffic control or directional signs erected on public property with permis- Sec. 6-113. Prohibited suns. lion as appropriate from the State of (A) Generally. It shall be unlawful to erect or Florida, the United States, the County of keep any sign not expressly authorized by, or Palm Beach, or the Village of North Palm exempted from, this Code. Beach. (D) Legal notices and official instruments. (B) Specifically. The following signs are ex- pressly prohibited unless exempted by section (E) Decorative flags and bunting for a cele- 6-112 of this Code or expressly authorized by bration, convention, or commemoration of section. 6-114, or section 6-115 of this Code: significance to the entire community when (1) Signs that are in violation of the building authorized by the village manager fora code or electrical code adopted by the period, not to exceed thirty (30) days. village. (F) Holiday lights and decorations, erected (2) Any sign that constitutes a safety hazard. during the appropriate holiday season, shall comply with all building and electri- (3) Blank temporary signs. cal codes. (4) Signs with visible moving, revolving, or (G) Merchandise displays behind storefront rotating parts or visible mechanical move- windows so long as no part of the display went of any description or other apparent moves or contains flashing lights. visible movement achieved by electrical, electronic, or mechanical means, except (H) Memorial signs or tablets, names of build- for traditional barber poles. ings and dates of erection when cut into any masonry surface or when constructed (5) Signs with the optical illusion of move- of bronze or other incombustible materi- ment by means of a design that presents a als and attached to the surface of a build- pattern capable of giving the illusion of motion or changing of copy. ing. (I) Signs incorporated into machinery orequip- (6) Signs with lights or illuminations that went by a manufacturer or distributor, flash, move, rotate, scintillate, blink, flicker, which identify or advertise only the prod- or vary in intensity or color.. uct or service dispensed by the machine or (7) Outline neon lighting used on commer- equipment, such as signs customarily af- cially developed parcels for commercial fixed to newspaper racks, telephone booths, purposes. and gasoline pumps. (g) Signs, commonly referred to as wind signs, (J) Advertising and identifying signs located consisting of one or more banners, flags, on taxicabs, buses, trailers, trucks, vehi- pennants, ribbons, spinners, streamers or cles or vehicle bumpers, subject to the captive balloons, or other objects or mate- regulations of section 6-113(B)(23) of this rial fastened in such a manner as to move Code. upon being subjected to pressure by wind. Supp. No. 17 398.9 ~i i ~I § 6-113 NORTH PALM BEACH CODE (9) Signs that incorporate projected images, (19) Signs that are painted, pasted, or printed emit any sound that is intended to attract on any curbstone, flagstone, pavement, or attention, or involve the use of live ani- any portion of any sidewalk or street, orals. except house numbers and traffic control (10) Signs that emit audible sound, odor, or signs. visible matter such as smoke or steam. (20) Signs placed upon benches, bus shelters (11) Signs or sign structures that interfere in or waste receptacles. any way with free use of any fire escape, (21) Signs erected on public property, or on emergency exit, standpipe, or that ob- private property (such as private utility struct any window to such an extent that poles) located on public property, other light or ventilation is reduced to a point than signs erected by public authority for below that required by any provision of public purposes. this Code or other ordinance of the vil- (22) Signs erected over or across any public lage. street except as may otherwise be ex- (12) Signs that resemble any official sign or pressly authorized by this Code, and ex- marker erected by any governmental cept governmental signs erected by or on agency, or that by reason of position, shape the order of the village manager. or color, would conflict with the proper (23) a. Vehicle signs with a total sign area functioning ofany traffic sign or signal, or on any vehicle in excess of ten (10) illumination that may be reasonably con- square feet, when the vehicle is fused with or construed as, or conceal, a parked on the same property as the traffic-control device. business being advertised and: (13) Signs that obstruct the vision of pedestri- 1. Is parked for more than sixty ans, cyclists, or motorists traveling on or (60) consecutive minutes within entering public streets. one hundred (100) feet of any (14) Non-governmental signs that use the words street right-of--way; and "stop," "look," "danger," or any similar 2. Is visible from the street right- word, phrase, or symbol of-way that the vehicle is within (15) Signs, within ten (10) feet of public right- one hundred (100) feet of; and -of--way or one hundred (100) feet of traffic- 3. Is parked on commercially zoned control lights, that contain red or .green property; lights that might be confused with traffic b. Vehicle signs visible from any street control lights, right-of--way with a total sign area (16) Signs that are of such intensity or bril- less than or equal to ten (10) square liance as to cause glare. or impair the feet, when the vehicle is parked for vision of any motorist, cyclist, or pedes- more than sixty (60) consecutive min- trian using or entering a public way, or utes on a commercially zoned prop- that are a hazard or a nuisance to occu- erty and on which the business being pants of any property because of glare or advertised is located and: other characteristics. 1. Is parked within the front two- thirds of the area between the (17) Signs that contain any lighting or control front building line and the front mechanism that causes interference with lot line; or radio, television or other communication 2. In the ease of corner lots, is signals. parked within the front two- (18) Searchlights used to advertise or promote thirds of the area between the a business or to attract customers to a side building line and the side property. lot line; or j Supp. No. 17 398.10 BUILDINGS AND BUILDING REGULATIONS § 6-114 3. Is parked within thirty (30) feet Sec. 6-114. Permitted temporary signs. of any street right-of--way. (A) Where allowed. Temporary signs are al- (24) Signs displaying copy that is harmful to lowed throughout the village, subject to the re- minors as defined by this code. strictions imposed by this section and other rele- vant parts of this Code. Temporary signs do not (25) Portable signs as defined by this code. require a building permit. (26) Marquee sign as defined by this code. (B) Sign types allowed. A temporary sign may be a pole, ground or building wall sign, but may (27) Roof sign as defined by this code. not be an electric sign. (28) Changeable copy sign as defined by this (C) Removal of illegal temporary signs. Any code. temporary sign not complying with the require- Exceptions: ments of this section is illegal and subject to immediate removal. by the village forces. a. Sign for public, charitable, and reli- gious institutions. (D) Restrictions on content of tempor•ar~ signs. A temporary sign may display any message so b. Motor vehicle service station signs; long as it is not: provided, however, that said signs are: (1) Harmful to minors as defined by this code. 1. Limited to a maximum of twenty (20) percent of the total sign (2) Advertising as defined by this code, ex- areafor said vehicle service sta- cept that advertising for the following tion. purposes may be displayed: 2. Changeable copy is limited to a. To indicate that an owner, either price of fuel and the words "cash" personally or through an agent, is and "credit." actively attempting to sell, rent or lease the property on which the sign 3. The maximum height of change- is located. able numbers shall be twelve (12) inches. b. To identify construction in progress. Such message shall not be displayed c. Signs in P-Public District. more than sixty (60) days prior to (29) Painted wall sign as defined by this code. the beginning of actual construction of the project, and shall be removed (30) Neon tube sign located inside or outside a when construction is completed. If a building and as defined by this code. message is displayed pursuant to this section, but construction is not (37:) Off site/premise sign as defined in this initiated within sixty (60) days after code. the message is displayed, or if con- struction is discontinued for a period (32) Signs placed on boats or watercraft that of more than sixty (60) days, the are located on public or private property message shall be removed, pending other than boat or watercraft name, man- initiation or continuation of construc- ufacturers name or required license num- tion activities. bers. c. To announce or advertise such tem- (33) Time-Temperature-Date Signs. porary uses as carnivals, revivals, (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 2, sporting events, garage sales, or any 8-18-94; Ord. No. 37-97, § 1, 8-28-97; Ord. No. public, charitable, educational or re- 12-2000, § 1, 4-27-00) ligious event or function. Such mes- Supp. No. 21 398.11 § 6-114 NORTH PALM BEACH CODE \ sage shall be removed within two (2) (B) Content. A permanent accessory sign may working days after the special event. only display any combination of the following, Approval of the size and locations of none of which may be harmful to minors as the signs by the department of pub- defined in this Code. lic services is required. (1) Letters depicting the name of the building d. Political sign. Nothing shall be con- or the name of the building occupant. strued to regulate the content or 'internal design of a political sign. (2) Letters depicting the nature of the busi- Such sign shall be removed not more ness and that are a maximum of fifty (50) than seven (7) calendar days follow- percent of the height of the letters in ing the event advertised by the sign. paragraph (B)(1) of this section. (E) Permissible size, height and number of (3) A logo symbol for the building or the building occupant which does not exceed temporary signs. fifty (50) percent of the allowable sign (1) One-family and two-family residences. A area. parcel on which is located a single one- (4) Street address number and/or name. family or two-family residence may dis- play not more than one temporary sign (C) Permissible number, area, spacing and height with a sign area of not more than five (5) of permanent accessory signs. square feet. No sign shall exceed five (5) (1) Ground signs: feet in height. Front setback shall be ten (10) feet and side setback shall be three a. Multi-family buildings with more (3) feet. than four (4) dwelling units. (2) Multi-family residences. Aparcel on which Number -One (1) maximum. is located amulti-family residence may Sign Area -Maximum thirty-two display not more than one (1) temporary (32) square feet. sign with a sign area of not more than Height -Eight (8) feet maximum. thirty-two (32) square feet. No individual Set back, Minimum -Ten (10) feet sign shall exceed eight (8) feet in height. front -three (3) feet side. Front setback shall be ten (10) feet and b. Commercial occupancy: side setback shall be three (3) feet. Number -One sign per parcel right- (3) On all other parcels. All other parcels may of-way frontage maximum. display not more than one (1) temporary sign with an aggregate sign area of not sign sign Sign F¢ce more than sixteen (16) square feet. No Setback xeight Area Minimum Maximum M¢ximum sign shall exceed eight (8) feet in height. (4) All areas. Three (3) temporary political 5 ft. 8 ft. 30 sq. ft. 10 ft. 8 ft. 36 sq. ft. signs, each not exceeding five (5) square 20 ft. 10 ft. 40 sq. ft. feet in sign area and not more than five 30 ft. 10 ft. 45 sq. ft. (5) feet in height, may be displayed on a parcel. (2) Building wall signs: (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 32-2000, a. Subject to the design criteria of this § 1, 10-12-00) article, the maximum mounting height of a building wall sign shall Sec. 6-115. Permitted permanent accessory be eighteen (18) feet, except that on signs. a building of more than two (2) sto- (A) Sign types allowed. A permanent accessory sign may be a ground or building wall sign. i Supp. No. 21 398.12 ~ i BUILDINGS AND BUILDING REGULATIONS § 6-115 ries, a single building wall sign is of the facade area if the front build- allowed above eighteen (18) feet fat- ing setback is one hundred feet (100) ing each public street frontage. minimum. b. Each multiple occupancy complex Exception: An occupant that has may display one (1) permanent ac- building facade area facing multiple cessory building wall identification public street frontages may have one sign facing each public street front- (1) full size wall sign facing a public age on the principal building in which street frontage and one-half (~/2) size the complex is located, not to exceed wall sign facing the other street front- a sign area of twenty (20) square ages. feet. (D) Directional signs. One (1) parking area directional sign may be erected at each point of c. Each occupant of a multiple occu- ingress and egress to a parking lot or parking panty complex that has a licensed area. Such signs shall not exceed two (2) square building frontage which has direct feet in background area nor exceed three (3) feet ground level walk-in access from. a in height. Such signs shall not create a traffic or public or private roadway or side- pedestrian hazard. (See section 6-112(B)). walk may display one (1) permanent accessory building wall sign on any (E) Signs at entrances to residential develop- exterior portion of the complex that ments. is part of the occupant's unit (not (1) Generally. A permanent accessory sign including a common or jointly owned may be displayed at the entrance to resi- area), and that has a maximum sign dential developments. area of five (5) percent of the facade area if the front building setback is (2) Restrictions. twenty-five (25) feet minimum, seven a. One (1) sign is permitted at only one (7) percent of the facade area if the (1) entrance into the development front building setback is seventy (70) from each abutting street. The sign feet minimum and ten. (10) percent may be a single sign with two (2) of the facade area if the front build- faces of equal size or may be two (2) ing setback is one hundred (100) feet single-faced structures of equal size minimum. Exception: An occupant located on each side of the entrance. that has building facade area facing No face of the sign shall exceed thirty- multiple public street frontages may two (32) square feet in size, and may have one (1) full size wall sign facing be illuminated in a steady light only. a public street frontage and aone- b. When considering the placement of half (1/2) size wall sign facing the such signs, the planning commission other street frontages. shall consider the location of public d. Each occupant of a single occupancy utilities, sidewalks and future street complex may display one (1) perms- widening. nent accessory wall sign on the prin- c. The planning commission shall en- cipal building in which the occu- sure that such signs shall be main- pancy is located, not to exceed a sign tained perpetually by the developer, area of five (5) percent of the facade the owner of the sign, a pertinent area if the front building setback is owners' association, or some. other twenty-five (25) feet minimum, seven person who is legally accountable (7) percent of the facade area if the under a maintenance arrangement front building setback is seventy (70) approved by the village council. If no feet minimum and ten (10) percent accountable person accepts legal re- Supp. No. 20 398.13 i § 6-115 NORTH PALM BEACH CODE sponsibility to maintain the signs shall be eight (8) inches. All street num- and no other provision has been made hers shall be a sharply contrasting color for the maintenance of them, the with the building. signs shall be removed by the devel- oper or owner. (4) Maintenance. It shall be the duty of the owner of the building to maintain the (F) Flags. .numbers on the building in good condi- tion. (1) Number. Not more than three (3) flags or insignias of governmental, religious, char- (I) Signs in P-Public Zoning District. itable, fraternal or other organizations may be permanently displayed on any one (1) Type--On premise, wall and ground signs. parcel of land. (2) Number-Such number as shall be per- (t) Size. The maximum distance from top to witted by the village council, in its discre- bottom of any flag or flags shall be twenty tion, to assist in the administration and (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 (3) Size-Height-Location. Shall be no ground. The maximum height of a flag greater than the signs allowed in adjacent pole shall be twenty (20) feet. zoning districts. (G) Utility signs. Public utility signs that iden- (4) Additional signs. The following additional tify the location of underground utility .lines and signs are permitted: Locational and direc- facilities, high voltage lines and facilities, and tional signs at outdoor public recreation other utility facilities and appurtenances are per- park and sporting events which may in- 1 witted so long as they do not exceed three (3) feet clude advertising logo of the entity spon- J in height, and so long as the sign face does not Boring the activity or event being held on exceed one-half (1/2) square foot. publicly owned property, including, but not limited to youth athletic associations, (H) Street numbers. organized team competitions, swimming (1) Generally. Every building in the village meets,. tennis tournaments and golf course shall have its street number so afl-axed to benches with direction and ball washing facilities at each tee. the building or the premises upon which the building is located that it is both (J) Strings of white Zight bulbs. Strings of visible and legible from the public street. white light bulbs may be permanently permitted to outline buildings and decorate trees on cow- ~ (2) Commercial buildings. Every commercial 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) be reflective. Sec. 6-116. Measurement determinations. (3) Height-Color. All street numbers shall be a minimum of three (3) inches in height (A) Facade area. The facade area shall be on residential buildings and a minimum measured by determining the area within a two- of six (6) inches on commercial buildings. dimensional geometric figure coinciding with the Maximum height of all street numbers edges of the walls, windows, doors, parapets, Supp. No. 20 398.14 - BUILDINGS AND BUILDING REGULATIONS § 6-117 marquees, and roof slopes of greater than forty- (b) If a sign has four (4) faces arranged five (45) degrees that form a side of a building or in a square, rectangle or diamond, it unit. shall be counted as two (2) signs. (B) Sign area. (D) Sign height. The height of a sign shall be measured as the vertical distance from the fin- (1) Generally. The area of a sign shall be the fished grade, excluding berms, at the base of the area within the smallest square, rectan- supporting structure to the top of the sign, or its gle, parallelogram, triangle, circle or semi- frame or supporting structure, whichever is higher. circle, the sides of which touch the ex- (Ord. No. 24-93, § 2, 10-14-93) treme points or edges of the sign face. Sec. 6-117. Design, construction, and loca- (l) Special situations. tion standards. (a) Where a sign is composed of letters (A) Generally. All permanent signs must com- attached directly to a facade, win- ply with the following design, construction and dow, door, or marquee, and the let- location standard. ters are not enclosed by a border or trimming, the sign area shall be the area within the smallest rectangle, parallelogram, triangle, circle or semi- circle, the sides of which touch the extreme points of the letters or pic- tures. (b) 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. Sapp. No. 20 398.14.1 HOUSING § 15-2 Sec. lb-1. Housing code-Adopted by refer- Section 107. Amend section 107 to read as fol- ence. lows: Under the authority of the Florida Statutes, the ~y person receiving written notice from the village hereby adopts, by reference thereto, the housing official of deficiencies in his property Standard Housing Code, 1991 edition, as the under this Code may within thirty (30) days housing code for the village. There have been for following the date of such notice enter an ap- at least ten (10) days last past and shall be during peal. in writing to the housing board of adjust- the time that this code is in effect, three (3) copies menu and appeals. Such appeal shall state the of such code and recommended amendments kept location of the property, the date of the notice of available for public use, inspection and examine- violations, and the number of such notice. The tion. appellant must state the variance or modifica- (Code 1970, § 19.3-11; Ord. No. 8-75, § 1, 7-10-75; tion requested, the reasons therefor, and the Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, hardship or conditions upon which the appeal is 10-9-80; Ord. No. 8-83, § 1, 8-25-83; Ord. No. 21-86, made. Appeals shall be on forms provided by § 1, 11-13-86; Ord. No. 5-90, § 1, 3-8-90; Ord. No. the department of public services, and shall be 3-92, § 1, 2-27-92) accompanied by a filing fee of one hundred fifty Cross references-Restrictions on living aboard house- dollars ($150.00). boats, § 5-15; building, gas, mechanical and plumbing codes adopted, §6-16; electrical code adopted § 11-11; fire prevention Section 305.15. Amend section 305.15 to read as code adopted § 12-16. follows: 305.15 Accessory Structures. Sec. lb-2. Same-Amendments. Garages, storage buildings, docks, piers, boat The following amendments and additions are hoists, dolphin poles, bulkheads, swimming hereby made to the housing code adopted by sec- pools and the waters therein, screen enclosures, tion 15-1 of this code: fences, walls, driveways, sidewalks, antennas and all other accessory structures shall bemain- Section 102.1. Amend section 102.1 to read as and kept in good repair and sound struc- follows: tural condition. All sections of this code are ap- plicable as determined by the building official 102.1 Enforcement Officer. subject to standard appeal as outlined in sec- tion 107. There is hereby established by the applicable Section 307.4. Amend section 307.4 to read as governing body provisions for the enforcement follows: of this code by the housing official. The director of public services shall serve as the housing of- 307.4 Care of Premises. ficial. It shall be unlawful for the owner or occupant Section 106.1. Amend section 106.1 to read as of a residential building, structure or property follows: to utilize the premises of such residential prop- erty for the open storage of any abandoned motor 106.1 Appointment. vehicle, abandoned boat, abandoned trailer, ice box, refrigerator, stove, glass, building mate- There is hereby established a board to be rial, building rubbish or similar items. It shall called the housing board of adjustments and ap- be the duty and responsibility of every such peals. The board shall be appointed by the vil- owner or occupant to keep the premises of such lags council. The construction board of adjust- residential property clean and to remove from menu and appeals established by Chapter 6 of the premises all such abandoned items listed the village Code shall act as the housing board above. Any grass and brush growing in excess of adjustments and appeals. of nine (9) inches in height, dead trees, trash, Supg. No. 3 947 § 15-2 NORTH PALM BEACH CODE and garbage shall be removed from the pre- wises upon notice from the housing official. (Code of 1970, § 19.3-12; Ord. No. 8-75, § 1, 7-10-75; Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, 10-9-80; Ord. No. 21-86, § 1, 11-13-86; Ord. No. 5-90, § 2, 3-8-90; Ord. No. 3-92, § 2, 2-27-92) -~ [The next page is 997 Supp. No. 3 948 APPENDIX C-ZONING § 45-2 ARTICLE I. IN GENERAI. 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 maybe 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 complies with F.S. chapter 402. For the purpose of this ordinance, certain words - 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 located on the same lot. rehabilitative services, which provides a living 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 may be 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 Beach 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. 21 2481 1 1 § 45-2 NORTH PALM BEACH CODE lot line or rear lot line on corner lots and hours provided the total number of children, not less than thirty-six (36) inches from including the caregiver's own and those related to any public right-of--way. the caregiver, does not exceed ten (10). Detached fence storage area is a storage area Floor area is all usable floor space within the attached to a fence erected on the property line in exterior walls of a structure. conformance with fence requirements of the North Palm Beach Code. Such storage area shall not Front, side and rear line of a building shall be exceed three (3) feet in depth nor be longer or deemed. and construed to include both the main higher than the fence to which it is attached. Said portion of such structure and all projections there- storage area shall be constructed of the same from, including any garage, carport or an ex- material, design and color as the fence to which it tended roof beyond the normal eave or cornice is attached and the fence and storage area shall forming a cover or roof over an entrance to such be constructed of opaque materials which prop- dwelling. Any awnings or shutters supported by erly screen the interior of the storage area from vertical posts, columns or pipes shall also consti- the view of the adjacent property owners. De- tute the building line. The building line shall not tached fence storage areas shall not be erected include the eaves of such structures nor any open closer to the street than the adjacent front wall of terraces, stoops, steps, or planting boxes which do the main building. No such storage area shall be not extend more than four (4) feet above the level erected unless its construction conforms to village of the yard grade. ordinances. Exception. Cantilevered canvas awnings may ex- Drug store is a store engaged in the sale of tend no more than eight (8) feet into the required prescription drugs and other items not necessar- front, side or rear setback and shall be set back ily related to pharmaceuticals. two (2) feet from the side property line. Front yard is that area between the front Dwelling is any building or structure designed building line and the front line of the lot, and exclusively for residential occupancy. A dwelling extending from one (1) side line to the other. may be designed for one-family, two-family or multiple-family occupancy, but not including ho- Lamp post is a free standing structure that is tels, clubs, motels, boarding or lodging houses or not more than four (4) inches in width and depth i, house trailers whether such trailers be mobile or and/or diameter and not more than eighty-four located in stationary fashion as when on blocks or (84) inches in height. The installation of a lamp other foundation. post shall comply with all village building, elec- trical and zoning codes. A lamp post may be I Dwelling unit is a single unit providing com- installed within the main building setback area. plete, independent living facilities for one (1) or ~ more persons including permanent provisions for Living area is that area within any dwelling or living, sleeping, eating, cooking and sanitation. 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 (5) or fewer preschool children from more than from within the principal structure; all common one unrelated family and which receives apay- corridors, hallways or exits provided for access or ment, fee or grant for any of the children receiving vertical travel between stories of apartments of care, whether or not operated for profit. The multifamily units. maximum five (5) preschool children shall include preschool children living in the home and pre- Lot is a parcel of land occupied or to be occupied school children received for day care and not by one (1) main building and its accessory build- related tothe resident caregiver. Elementary school ings with such open and parking spaces as are siblings of the preschool children receiving day required by the provisions of this ordinance, and care may also receive day care outside of school having its principal frontage upon a street. Supp. No. 21 2482 APPENDIX C-ZONING § 45-2 Lot of record is a part of the land subdivision, person as defined in F.S. chapter 394; or a child as the map of which has been recorded in the office of defined in F.S. chapter 39. Residents, as defined the clerk of the court of Palm Beach County, in F.S. chapters 400, 760, 393 and 394, shall not Florida. 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 bust- Retail commercial means any business classi- nesses where non-retail tenants comprise fifty fled as a "retail trade" establishment using the (50) percent or more of the gross floor area. Any Standard Industrial Code (S.I.C.) System, pro- combination of retail and non-retail businesses vided that such business is permitted by the where the retail component comprises fifty (50) Village Code of Ordinances. percent or more of the gross floor area shall be 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- in which a mobile 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 Occupied shall be deemed to include the words a corner lot, a side street yard of not less "arranged," "designed" or "intended to be occu- than twenty (20) feet. pied." (2) Such antenna shall not exceed fifteen (15) Pharmacy is an establishment engaged in the feet in height, including any platform or preparation of prescription drugs and the sale of structure upon which said antenna is drugs, prosthetic supplies, surgical instruments mounted or affixed. Such antenna may and supplies, and sale and/or rental of aids for not exceed fifteen (15) feet in diameter. invalids. (3) Installation of a satellite television an- Rear yard is that area between the rear build- tenna shall comply with the village build- ing line and the rear lot line, and extending from ing codes, electrical codes, zoning codes one (1) side line to the other. On all lots the rear and other village codes that may apply yard shall be in the rear of the front yard facing thereto. the street. (4) Not more than. one (1) satellite television Resident of a community residential home means antenna shall be allowed on any lot. any of the following: an aged person as defined in F.S. chapter 400; a physically disabled or Nandi- (5) Satellite television antennas shall meet capped person as defined in F.S. chapter 760; a all manufacturer specifications, be of non- developmentally disabled person as defined in combustible and corrosive-resistant mate- F.S. chapter 393; a nondangerous mentally ill rial, and be erected in a secure, wind- Supp. No. 21 2482.1 i § 45-2 NORTH PALM BEACH CODE resistant manner. Every such antenna motel accommodations; (3) restaurant facilities; must be adequately grounded for protec- (4) florist, tobacco store and stand, and hobbies, tion against a direct strike of lightning. toys and games. (6) Satellite television antenna shall be Used shall be deemed to include the words . screened from all adjoining private prop- "arranged", "designed" or "intended to be used." erty by an opaque fence, an opaque wall or by natural landscape planting so planted Yard is the open space on the same lot with the as to provide maximum opacity that is a main building, unoccupied and unobstructed from minimum of six (6) feet in height from the ground upward. grade. Xeriscape means a method of water conserva- Setback means the distance measured from a tion gained through the utilization oftrees, shrubs, side, rear and front lot line or from the currently vines, plants, groundcover and turf grasses which designated ultimate right-of--way line (i.e., fed- are drought tolerant. The implementation of ap- eral, state, county and village) to the closest point propriate planning and design, use of soil amend- within the lot that maybe occupied by a building means, efficient irrigation, practical tw.•f' grass, or an accessory structure. Front setbacks shall be use of drought tolerant plants, mulches and ap- based on the platted front line of the property or propriate maintenance results in reduced water on the ultimate right-of--way line as determined consumption but still provides a very wide range by the village. of attractive landscaping alternatives. (Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82; Ord. Side yard is that area between the side build- No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1, 6-28-90; ing line and the side line of the lot and extending Ord. No. 21-90, § 1, 6-28-90; Ord. No. 23-90, § 1, from the front building line to the rear building 6-28-90; Ord. No. 10-95, § 1, 3-23-95; Ord. No, line. 23-95, § 1, 7-17-95; Ord. No. 29-95, § 1, 9-28-95; Ord. No. 4-98, § 1, 1-2-98; Ord. No. 05-2001, § 1, Story is that portion of a building between the 3-8-01) surface of any floor and the surface of the floor Cross reference-Definitions for Code in general, § 1-2. next above it, or, if :there be no floor above it, then the space between any floor and the ceiling next Sec. 45-3. Interpretation of provisions. above it. In interpreting and applying the provisions of Street is any public or private thoroughfare this ordinance, they shall be held to be the mini- which affords the principal means of access to mum requirements for the promotion of the public abutting property. It may be designated on the health, safety, morals and general welfare of the map as a street, avenue, boulevard, drive, place, community. court, road, terrace, way, circle, lane, walk, path or otherwise. Sec. 45-4. Conflict of provisions. Time-share unit is a dwelling unit in which the (1) It is not intended by this ordinance to right of use or occupancy circulates among vari- interfere with or abrogate or annul any ease- ous persons for specific periods of time less than means, covenants or other agreements between one (1) year in accordance with a fixed time parties. schedule. (2) That where this ordinance imposes a greater Transient commercial means any one, or a restriction upon the use of buildings or premises, combination of the following businesses oriented or upon the height of buildings, or requires larger to serving either village residents or the motoring open spaces than are imposed or required by public (i.e. in transit through or visiting the area); other ordinances, rules, regulations or by ease- (l) the sale of fuel, convenience goods and/or mens, covenants, or agreements, the provisions minor vehicular repair services; (2) hotel and/or of this ordinance shall control. Sapp. No. 21 2482.2 APPENDIX C-ZONING § 45-16 Sec. 45-5. Changes and amendments. The village council may, from time to time, on its own motion or on petition, amend, supple- ment, change, modify or repeal by ordinance the boundaries or districts or regulations or restric- tions herein established, after public hearing. Sec. 45-6. Penalty for violation of provi- sions. Any person who shall violate any of the provi- sions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and ap- proved thereunder, upon conviction thereof shall be punished as provided in section 1-8 [of the village Code], and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any buildings or premises or part thereof, where anything in vio- lation of this ordinance shall be placed,. or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith shall each be guilty of a separate of- fense and upon conviction thereof shall be pun- ished as provided in section 1-8. Secs. 45-7-45-15. Reserved. ARTICLE II. GENERALLY Sec. 45-16. Division of village into districts; districts enumerated. In order to classify, regulate and restrict the uses of land and buildings, the height and bulk of Supp. No. 21 2482.3 1 APPENDIX C-ZONING § 45-17 buildings, the amount of open spaces about build- (3) Changes. ings, intensity of land use, the Village of North (a) If, in accordance with the provisions of Palm Beach, Florida is divided into twelve (12) this ordinance changes are made in dis- zoning districts, as follows: trict boundaries or other matter por- R-1 Single-family dwelling district trayed on the official zoning map, such R-2 Multiple-family dwelling district changes shall be entered on a new official R-3 Apartment dwelling district zoning map. promptly after the amend- C-A Commercial district ment has been approved by the Village C-lA Limited commercial district Council.. The new official zoning map shall CB Commercial district be adopted in accordance with provisions C-1 Neighborhood commercial district set forth in Section 45-17(5). C-2 Automotive commercial district (b) No changes of any nature shall be made. ixi C-3 Regional business district the official zoning. map or matter shown P Public district thereon except in conformity with the C-OS Conservation and open space procedures set forth in subsection (3)(a). CC Transitional commercial district Any unauthorized change of whatever kind or any failure to make a change when In the creation of this ordinance. of the respec- directed by ordinance by any person or tive districts, the village council has given. due persons shall be considered a violation of and careful consideration to the peculiar suitabil- this ordinance and punishable as pro- ity of each district for the particular uses and vded under section 45-6 of this ordi- regulations applied thereto and to the densities of nance. population, all in accordance with the comprehen- sive development plan of the village. (4) Location; final authority. Regardless of the (Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1, existence of purported copies of the official zoning 9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No. map which may, from time to time, be made or 1-95, § 1, 3-23-95; Ord. No. 33-97, § 1, 7-10-97) published, the official zoning map which shall be located in the office of the village clerk shall be Sec. 45-17. Official zoning map. the final authority as to the current zoning status of land and water areas, buildings, and other (1) Adopted by reference. The aforesaid dis- structures in the village. tricts and the boundaries thereof are. as shown (5) Damaged;. destroyed, etc. In the event that upon the "official zoning map" which, together the official zoning map becomes damaged, de- with all explanatory matter thereon, is hereby stroyed, lost or difficult to interpret because of the adopted by reference and declared to be part of nature or number of changes and additions, the this ordinance as if the information set forth on village council may, by resolution, adopt a new the map was all fully described and set out official zoning map. which. shall supersede. the- herein. prior official zoning map. The new official zoning map may correct drafting or other errors or omis- (2) Identification. The official zoning map shall sions in the prior official zoning map, but no such be identified by the signature of the mayor at- corrections shall have the effect of amending the tested by the village clerk, and bearing the seal of original official zoning map or any subsequent the village under the following words: "This is to amendment thereto. The new official zoning map certify that this is the official zoning map referred shall be identified by the signature of the mayor to in section 3 of Ordinance No. 20 of the Village attested by the village clerk and bearing the seal of North Palm Beach, Florida, as amended," to- of the village under the following words: "This is gether with the date of the adoption of this to certify that this official zoning map supersedes ordinance. and replaces the official zoning map adopted (date Supp. No. 14 2483 § 45-17 NORTH PALM BEACH CODE of adoption of map being replaced) as part of C. The minimum open spaces around a main Ordinance No. 20 of the Village of North Palm building as provided for in this ordinance Beach, Florida." shall not be encroached upon or be con- 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 be preserved, together with all available records building and its customary accessory build- pertaining to its adoption or amendment. Each ing on a lot as defined by this ordinance. replacement official zoning map .shall be num- E. The types, location and uses of buildings tiered in consecutive order as adopted. and land publicly owned and used in the (Ord. No. 208-70, 3-Y2-70; Ord. No. 26-95, § 1, performance of a public function may be 8-24-95) permitted in any district, provided such type, location and use is approved by the Sec. 45-18. Boundary conflict interprets- village council. The village .council may Lions. limit the length of time of such type, location and use. Where uncertainty exists as to the boundaries (Ord. No. 2-82, § 1, 1-28-82) of any district shown upon the zoning map, the following rules .shall apply: Sec. 45-20. Adult entertainment establish- (1) Where district boundaries are indicated meat. as following street, alley or lot lines, said (1) Legislative intent. The intent of the village lines shall~:be construed to be such bound- council in adopting this section is to establish aries::. reasonable and uniform regulations for the adult (2) Where ~ ariy public street or aIley is here- entertainment industry that will protect the health, after officially vacated or abandoned, the safety, property values, and general welfare of the regulations applicable to each parcel of people, businesses, and industries of the Village abutting land shall apply to the portion of of North Palm Beach. It is not the intent of the such street or alley added thereto by vir- Village Council to legislate with respect to mat- tue of said vacation or abandonment. ters of obscenity. These matters are regulated by federal and state law, including Chapter 847 of (3) In case any further uncertainty exists, the the Florida Statutes. It is not the intent of the village council shall interpret the intent Village Council in adopting this section to con- of the map as to the location of such done distribution of obscene materials. boundaries. This section is intended to provide for the Sec. 45-19. Buildings and uses to conforms to proper location of adult entertainment establish- district regulations. meats in the C-1 Neighborhood Commercial Dis- trict and to protect the integrity of adjacent Except as hereinafter provided: neighborhoods, educational institutions, religious A. No building shall be erected, reconstructed mstitutions, parks and .other commercial enter- orstructurally altered nor shall any build- prises. Proper separation of adult entertainment ing or land be used which does not comply establishments prevents the creation of "skid- with the regulations for the district in row" areas in the village which results from the concentration of these. establishments and their which such building or land is located. patrons. It is the intent to limit the .secondary B. No building shall be erected, reconstructed effects of adult entertainment establishments as or structurally altered to exceed the height set out in the findings of fact contained within the or bulk limits herein established for the Palm Beach County "Adult Entertainment Code," district in which such building is located. Ordinance No. 88-31. 1 Supp. No. 14 24$4 APPENDIX C-ZONING § 45-20 The locational restrictions contained in this sexual activities" as the terms are defined section should not be construed as to apply only to herein are business activities that exist or those residential zoning districts, religious insti- may exist within the village. tutions, educational institutions, parks and other (b) Businesses where employees including commercial enterprises which cater to or are dancers and entertainers perform or are attended by persons under eighteen (18) years of presented while displaying or exposing age. The restrictions within this section are also "specified anatomical areas" as that term intended to ensure that residential zoning dis- is defined herein exist or may exist within tricts, educational institutions, religious institu- the village. tions, parks and other commercial enterprises are located in areas free from the secondary effects of (c) Where the activities described in para- adult entertainment establishments. graphs (a) and (b) above are present, the experience of many other communities The location of residential zones, educational indicate that illegal activities tend to oc- institutions, religious institutions, parks and other cur including, but not limited to, prostitu- commercial enterprises within viable, unblighted tion, pandering, solicitation for prostitu- and desirable areas support the preservation of Lion, lewd and lascivious behavior, exposure property values and promote the health, safety of minors to harmful materials, the pos- and welfare of the public at large. session, distribution and transportation (2) Findings of fact. Based on the evidence and of obscene materials and of controlled testimony presented at first reading and public substances. hearing, the Village Council of the Village of The village council further finds there is a North Palm Beach reaffirms the findings of fact direct relationship between the display or expos- contained within the Palm Beach County Adult ing of specified anatomical areas and an increase Entertainment Code and on the fmdings incorpo- ~ criminal activities moral de adation and dis- rated in the United States Attorney General's ~ Commission on Pornography (1986): "A Summary turbances of the peace and good order of the community and the concurrences of these activi- of aNational Survey of Real Estate Appraisers ties is hazardous to the health and safety of those Regarding the Effect of Adult Bookstores on Prop- persons in attendance and tends to depreciate the erty Values," conducted by the Division of Plan- value of adjoining property and harm the eco- ning, Department of Metropolitan Development, nomic welfare of the community as a whole. These City of Indianapolis, January 1984; the "Study of secondary effects are adverse to the public's inter- the Effects of Concentration of Adult Entertain- est and quality of life, tone of commerce and total went Establishments in the City of Los Angeles, " community environment in the Village of North conducted by the Planning Committee for the Los palm Beach. Angeles City Council, June 1977; the study con- ducted by the City of Austin, Texas; the Metropol- The combination of the sale or consumption of itan Bureau of Investigation (MBI) for the Ninth alcoholic beverages with the display or exposing Judicial Circuit (Orlando area); and information of specified anatomical areas is adverse to the from Tampa, Florida, detailing the effects of adult public's interest and quality of life, tone of com- entertainmentestablishments in the Tampa area. merce and total community environment in the Village of North Palm Beach. In addition to the foregoing recitals, the village council further fmds that: (3) Definitions. The following words, terms and (a) The possession, display, exhibition, distri- phrases, when used in this ordinance, shall have bution and sale of books, magazines, mo- the meanings ascribed them in the Palm Beach tion pictures, prints, photographs, period- County Adult Entertainment Code at time of icals, records, novelties and devices which Passage of this ordinance, except where the con- depict, illustrate, describe or relate to text clearly indicates different meaning. "specific anatomical areas" or "specified Adult arcade Supp. No. 16 2485 § 45-20 NORTH PALM BEACH CODE Adult bookstore/adult video store ner sells or dispenses alcohol for consump- Adult booth Lion on premises within five hundred (500) feet of Zoning District P, public district, Adult dancing establishment within one thousand (1,000) feet of a Adult entertainment establishment pre-existing religious institution, within Adult material five hundred (500) feet of apre-existing educational institution, child care facility, Adult motel family day care home or community resi- Adult theater dential home, within two hundred (200) feet of an area zoned for residential use, Adult video store within two hundred (200) feet of an area Alcoholic Beverage designated as residential on the future land use map of the village's comprehen- Board sive plan, within five hundred (500) feet Code of apre-existing park, or within two thou- Commercial Gain sand (2,000) feet of another adult enter- tainment establishment. Commercial establishment Conviction (b) In addition to the distance requirements set forth in subsection (a), an adult enter- Department tainment establishment shall not be al- lowed to open, exist or do business any- Educational Institution where except in the C-1 and C-2 zoning Employee district where adult entertainment estab- Establishment lishments are an expressly permitted use subject to review by the village director of Inspector public services for conformance with the Licensed premises requirements of the village's land devel- opment regulations. Licensee (c) The distance requirements of subsection Operator (a) are independent of and do not super- Person sede the distance requirements for alco- holic beverage establishments which may Principal stockholder be contained in other laws, rules, ordi- Private Performance nances, or regulations. Specified anatomical areas (5) Measurement of distance. The distance from Specified criminal act a proposed or existing adult entertainment estab- lishment to apre-existing adult entertainment (4) Prohibited locations. establishment, apre-existing religious institu- (a) Notwithstanding any other provision of tion, to Zoning District P, public district, apre- this Code, or any provision of the village existing religious institution, apre-existing edu- planning, land development and zoning cational institution, child care facility, family day regulations, no person shall propose, cause care home or community residential home, an or permit the operation of, or enlargement area zoned for residential use, an area designated of, an adult entertainment establishment on the future land use map of the comprehensive which, while in operation or after enlarge- plan as residential, apre-existing residence, a ment, would or will be located within one pre-existing park or apre-existing commercial thousand (1,000) feet of apre-existing establishment that sells or dispenses alcohol shall commercial establishment that ixi any man- be measured by drawing a straight line between Supp. No. 16 2486 APPENDIX C-ZONING § 45-20 the closest lot lines of the proposed or existing Pied anatomical areas shall be visible from adult entertainment establishment and the pre- the exterior of the adult business prem- existing adult entertainment establishment, pre- ises in any way including, but not limited existing religious institution, Zoning District P, to, exterior apertures such as opened doors public district, pre- religious institution, apre- and unobscured windows. existing educational institution, child care facil- (e) No merchandise, advertising or depic- ity, family day care home or community residen- tions of the activities of an adult business tial home, an area zoned for residential use, a shall be displayed on the exterior of the pre-existing residence, apre-existing park or a adult business premises or in any location pre-existing commercial establishment that sells where they are visible from public right- or dispenses alcohol that is located outside the of-way. incorporated limits of the Village of North Palm Beach. This provision is intended to prevent within No adult business shall display a sign: the Village of North Palm Beach the adverse (1) Advertising the presentation of any impacts and secondary effects created by the activity prohibited by Florida Stat- concentration of adult entertainment establish- ute law or any applicable village ments and the placement of such establishments ordinance; or in close proximity to the other specified uses, (2) Capable of leading a reasonable per- whetherthe other specified uses are located within son to believe that the establishment or without the incorporated limits of Village of North Palm Beach. engages in an activity prohibited by Florida Statute law or any applica- (6) No variance. There shall be no variance to ble village ordinance. the distance requirements of this section. (3) Containing any flashing lights, pho- tographs, silhouettes, drawings or (7) Nonconforming uses. If any nonconforming pictorial representations of any man- adult business ceases to do business for a contin- ner (except for the logo of the estab- uous period of ninety (90) days, it shall be deemed lishment, provided the logo shall not abandoned and shall not thereafter reopen except contain any specified anatomical ar- ias conformance with these regulations. eas, or any male or female forms at (8) Supplemental administrative requirements. or below the clavicle). (a) Rules of construction. This section shall (9) Display or exposure of specified anatomical be liberally construed to accomplish its area. It shall be unlawful for any person to purpose of regulating and dispersing adult display or expose any specified anatomical area to entertainment establishments and re- others, regardless of whether such person is ac- lated activities. tually engaging in dancing, in any commercial establishment where alcoholic beverages are, or (b) Development design and improvement stan- are available to be sold, dispensed, consumed, Bards. 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 Supp. No. 16 2486.1 § 45-20 NORTH PALM BEACH CODE renewal of an occupational license of the village most preferred location for such in- and at such other times as requested by village stallations. Such structures may in- officials.The failure to make such disclosure shall elude but are not limited to highrise result in either the loss of occupational license or residential or commercial buildings, the failure of the village to issue a new occupa- sports lighting poles, existing an- tional license or renewal thereof. tenna towers and/or public utility (11) Enforcement. The provisions of this Code structures. may be enforced by: (2) New free standing towers/antenna loca- tions and .new tower/antenna locations (a) Asuit brought by the village council in the which do not conform to section 45-1 of Circuit Court of Palm Beach County to this article may only be allowed by special restrain, enjoin, or prevent a violation of exception granted by the village council this Code; and subject to the following criteria: (b) Enforcement proceedings by the village's a. The village council shall consider code enforcement board; and when evaluating whether to approve (c) Criminal prosecution; and an antenna/tower location whether there is suitable and reasonably avail- (d) Any and all other legal proceedings and able public or private property which remedies available to the village as pro- would physically accommodate the vided by law. tower or antenna without unreason- (Ord. No. 22-95, § 1, 7-17-95; Ord. No. 37-95, ably compromising the antenna's sig- 1-8, 12-14-95; Ord. No. 6-96, § 1, 1-25-96; Ord. nal reception or transmitting capa- No. 17-98, § 1, 8-13-98) bility or unreasonably compromise the communication system capabil- Sec. 45-21. Telecommunicationsantenna and ity, and without negatively impact- antenna towers. ing the aesthetics of the tower. Antenna and/or antenna towers owned and b. New free standing tower/antenna lo- operated subject to provisions of the Telecommu- cations and new tower/antenna loca- nications Act of 1996 may be located and con- tions will be considered only after structed in accordance with the following provi- the applicant for an antenna or an- sions: tenna tower has to the fullest extent practicable, demonstrated to the vil- (1) a. The village planning commission will lage council that all existing struc- consider, in accordance with article tures either will not accommodate III of chapter 6 of the village code of an antenna installation or are not ordinances, applications for telecom- available for an antenna or antenna 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- i~ and/or tower does not extend more tenna tower's signal reception or than twenty (20) feet above the ex- transmission capability or unreason- 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 Supp. No. 16 2486.2 APPENDIX C-ZONING § 45-36 exceeds four (4) stories or sixty (60) feet shall be a prominent notice that a village where any portion of said building or of building permit in noway offsets the deed the property upon which it is located is covenants, and that the applicant should within five hundred feet of any R-1, single- also check the deed covenants to protect 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~/a) 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 dente 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 F. No business, professional, commercial ac- within five (5) feet of any rear lot Iine. tivity or home occupation shall be con- (a) Swimming pools may be enclosed by ducted upon any portion of real property screening provided same are not zoned R-1 single-family dwelling district, erected closer than five (5) feet from R-2 multiple-family dwelling district and the side and rear yard lines. 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- Iine in the R-1 and R-2 zoning dis- eTt3'• 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 Wlthm seven and one-half (7i/z) ries in height,. which are not equipped feet of the rear line of any such lot. with elevators provided with standby emer- gency power and having minimum cab D. Walls and fences built within the area dimensions which will permit the use of between the property line and the build- the elevator cab by normal size emer- ing setback line shall not exceed six (6) gency ambulance stretchers, and in all feet in height; provided, however, that no commercial .buildings two (2) stories to walls or fences may be erected between four (4) stories in height which are not the front yard setback and the street line, equipped with elevators having minimum nor may walls or fences exceed four (4) cab dimensions which will permit the use feet in height for a distance of forty (40) of the elevator cab by normal size emer- feetfrom any body of water located within gency stretchers, there shall be a mini- the village. On corner lots, walls or fences mum of one (1) access stairway serving shall not exceed four (4) feet in height every story. Such stairway shall have the within the area between the side line of following minimum dimensions: the lot which fronts on a street, and the 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 (2) Minimum dimensions of all landings four (4) feet in height that are to be to be ten (10) feet by six (6) feet, six located outside building setback lines, there (6) inches. Supp. No. 13 2510.3 i i 1 § 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 £ If lighting of such areas is to be rear of the screened enclosure to the rear. provided, the plans therefor shall be lot line. 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 --- j 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 b. Such off-street parking area is de- a.m. during any day. A permit for such signed with appropriate vehicular permitted carnival, fair or circus must be ~ maneuvering areas. obtained from the office of the village c. Such off-street parking area is paved manager. There will be no charge or fee 1 with an asphaltic or concrete surfac- for such permit. ing, or other material designed to L. No gasoline or oil filling stations and no prevent dust. service station shall be erected within five d. Such off-street parking area is so hundred (500) feet of any church, hospi- constructed, graded and surfaced as tal, school or other similar institution to prevent surface water from drain- where large numbers of pedestrians con- ing onto public right-of--way, or on gregate, nor within five hundred (500) adjoining properties, the outlets for feet of the location in said village of an- such surface waters to be connected other gasoline or oil filling station or directly or indirectly to storm sewer service station. conduits terminating in existing pub- The method of measurement that shall licly controlled waterways or in other apply in such cases shall be by measure- . seepage areas approved by the build- ment of the airline distance made or taken ing department. from the nearest boundary of the lot or e. Such off-street parking areas shall premises where such proposed station be used for vehicular traffic only, would be located to such building or struc- with no sales, dead storage, repair ture used as a church, hospital, school or '+E. Sugp. No. 13 2510.4 APPENDD~ C-ZONING § 45-36 other similar institution to the boundary (2) The measurement provided above for of the lot or premises where the existing one thousand (1,000) feet shall be station is erected. made or taken from the main front M. Building height regulations. entrance or entrances of such church, (1) Within the area of the Vllage of public or private school, hospital, park or playground, or a place of North Palm Beach which lies north business of another licensed retail of the Intracoastal Waterway and seller of alcoholic beverages, to the west of U.S. Highway No. 1, no build- main front entrance of the applicant's ing or structure shall exceed sixteen (16) stories or one hundred sixty proposed place of business along the route of ordinary pedestrian traffic. (160) feet. (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 or wine at retail, not to be consumed on the premises. east of U.S. Highway No. 1, no build- ing or structure shall exceedtwenty- (4) The restrictions of section 45-36N.(1) two (22) stories or two hundred shall not apply to any bona fide twenty (220) feet. restaurant as defined and licensed under Florida Statutes as a restau- (3) Within the area of the Village of rant with full kitchen facilities, re- North Palm Beach which lies south gardless of size or seating capacity, of the Intracoastal Waterway and where alcoholic beverages are served east of U.S. Highway No. 1, no build- solely as an accessory use to the ing or structure shall exceed four (4) restaurant and only when such res- stories or forty (40) feet. taurant is open for the sale and (4) Within the area of the Vllage of service of food; provided, however, North Palm Beach which lies south that the provisions of this subpara- and west of the Intracoastal Water- graph (4) shall not permit a license way and west of U.S. HighwayNo. 1, to be issued to a restaurant that no building or structure shall exceed sells alcoholic beverages within one four (4) stories or forty (40) feet. thousand (1,000) feet of a church, N. Location of business for retail sales of public or private school, hospital, alcoholic beverages. public park or public playground. (1) No licensed retail sales of alcoholic (5) Nothing in section 45-36N.(1) shall beverages shall be carried on where prohibit the conduct of licensed re- the proposed place of business is tail sales of alcoholic beverages within within one thousand (1,000) feet of a one thousand (1,000) feet of the North church, public or private school, hos- Palm Beach Country Club. pital, park or playground, or a place O. Xeriscape landscaping practices. Proper- ofbusiness of another licensed retail ties within all zoning districts are encour- seller of alcoholic beverages; pro- aged to utilize xeriscape landscaping prac- vided further, that no licensed retail tices to simultaneously enhance the sales of alcoholic beverages shall be appearance of the property while requir- carried. on in the C-3, Regional Busi- ing less water and energy. Xeriscape prac- ness District, where the proposed tices in the village shall be based on the place of business is within five hun- latest published South Florida Water Man- dred (500) feet of a church, syna- agement District xeriscape manual. gogue, temple or other place of wor- P. Maximum floor-area ratio. Maximum gross ship. floor area ratios for commercial develop- Supp. No. 17 2510.5 i I I { § 45-36 NORTH PALM BEACH CODE 1 went within the area of the village de- elude the proposed outdoor seating fined by PGA Boulevard on the north, as part of an overall application fora Lake Worth on the east and the building permit and/or certificate of Intracoastal Waterway on the south and appropriateness or shall seek amend- west shall be limited as follows: retail - ment of an existing building permit 0.25; professional office - 0.35; and mixed- and/or certificate of appropriateness use - 0.35. to allow for outdoor seating, pursu- Q. Outdoor seating. ant to the applicable provisions of this Code. Every application involy- (1) Applicability. Outdoor seating shall ing outdoor seating shall include the be permitted as an accessory use to a following, in addition to and not in building in which a food service es- place of anything else which may tablishment is operated, provided otherwise be required by any other that: provision of this Code: a. The outdoor seating area is ad- a. A site plan, drawn to scale, jacent to that portion of the which shows at least the build- food service establishment ing for which outdoor seating which is inside the building. 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 fated fencing screening, or di- service establishment. viding materials; the location of any sidewalks or other pedes- c. The outdoor seating can be ac- trian walkways or passageways commodated without impeding which are adjacent to or will be the access of the general public, affected by the outdoor seating; including persons with disabil- and the location of all existing ities, to the portion of the food or additional parking for such service establishment which is building. located inside the building, or b. A copy of the written consent of to any other commercial busi- any person or business who Hess or other use. othex than the applicant owns d. The .outdoor seating can be ac- or leases any property, includ- commodated without creating ing any sidewalk or other pub- a need for additional parking lie passageway, upon [which] spaces which could not be pro- the outdoor seating would be vided on the same site as the located. building for which the outdoor c. Photographs, renderings, or seating would be an accessory samples showing the style and use or would create anon- color of all furnishings, fencing, conforming status for existing screening, or dividing material parking provided for such build- to be used for or in conjunction ing. with the outdoor seating. e. No outdoor seating shall beper- (3) Conditions of outdoor seating. Out- witted for adult entertainment door seating shall comply at all times establishments. with the following conditions: (2) Permitting process. An applicant for a. Outdoor seating shall be ar- appraval of outdoor seating shall in- ranged, when in use, in a wan- Supp. No. 17 25.10.6 APPENDD~ C-ZONING § 45-36 ner that allows a pedestrian g. Outdoor seating shall be main- walkway incompliance with ap- tained in a secure manner, plicable building codes and fire whenever the food service es- codes. tablishment is closed to the pub- b. Outdoor seating located on a lic. pedestrian walkway which pro- vides access to more than one h. Establishments with outdoor (1) occupant of a building, as in seating with food and beverage a shopping center, shall be ar- service shall meet all health ranged, when in use, in a man- code and other applicable code ner that maintains a passage of requirements of restaurants. not less than five (5) feet in i. Any permanent or temporary width. structures associated with out- c. Outdoor seating of an applicant door seating, including, but not shall not be located on any side- limited to, awnings and cov- walk, passageway, or other prop- ered roofs shall not encroach erty adjacent to any other busi- into the required building set- . ness. back areas. Tables, chairs, um- d. Outdoor seating shall not oc- brellas, fencing, screening and copy any area designated for dividing materials shall not be p~~ng, located closer to the property e. Outdoor seating which is used line than two-thirds (2/s) of the for the service and sale of food required front, side or rear build- ing setback. or beverages of any kind within the outdoor seating area, shall be physically separated and vi- (4) Limitations on use. Except for out- sually distinct from any imme- door seating located in an inner court: diately adjacent public passage- a. All sales and service of food and way or walkway by means of beverages. in an outdoor seat- approved fencing or screening ing area are prohibited between material which is not less than the hours of 10:30 p.rn. and two (2) feet in height, by means 7:00 a.m., Sunday through of one (1) or more planter boxes Thursday, and between the and other plant container, by hours of 11:00 p.m. and 7:00 means of some other approved a.m., Friday through Saturday. divider, or any combination of such means, but not including b. Outdoor seating areas shall be tables, chairs or other seating. in compliance with the village's f. Outdoor seating areas may only noise regulations. contain tables, chairs, umbrel- las and/or awnings and required (5) General requirements. Outdoor seat- fencing or screening materials. ing which increases the total num- All such equipment shall be ber of seats available at a food ser- compatible in color and style vice establishment shall be considered with the exterior of the build- an expansion of use. Such outdoor ing and shall not contain or seating shall be included in any cal- have affixed to it any sign, let- culation of the total number of seats tering or advertising of any kind. provided by the food service estab- Supp. No. 17 2510.7 _ 1 1 § 45-36 NORTH PALM BEACH CODE lishment -but not limited to parking, Object. A material thing of functional, acs- ~!i restroom .facilities and occupational thetic, cultural, historical or scientific value that license fees. may be, by nature of design, movable, yet related ~ (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No. to a specific setting or environment. j 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. 11-75, § 1, J-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, Ordinary maintenance. Work which does not § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. require a construction permit and that is done to -__ 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91; repair damage or to prevent deterioration or Ord. No. 20-95, § 1, 7-27-95; Ord. No. 34-96, § 1, 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) damage, deterioration, or decay. Sec. 45=3'7. Histcsric site overlay district. Original appearance. That appearance (except for color). which, to the satisfaction of the village A. Purpose. The historic site overlay district is council, closely resembles the appearances of eff- used to impose special development restrictions ther: on identified areas. The locations of this overlay district are established by the Village based on (1) The feature on the building as it was the need for special protective measures at those originally built or was likely to have been locations. The historic site overlay district im- built, or poses different standards than those that would (2) The feature on the building as it presently otherwise apply. exists so long as the present appearance B. Definitions. [For purposes of this section, is appropriate, in the opinion of the vil- the following words shall have the meaning as- lage council, to the style and materials of cribed to them in this subsection:] the building. Building. A structure created to shelter any C. Creation of local register of historic sites. A form of human activity. This may refer to a house, local register of historic sites is hereby created as barn, garage, church, hotel, or similar structure. a means of identifying and classifying various Buildings may refer to a historically or architec- turally related complex, such as municipal build- sites, buildings, structures, objects and districts ings, or a house and barn. Parking lots and as historic andlor architecturally significant. The garages are hereby deemed to be "buildings." local register will be kept by the director of public services. Cultural resource. A.site, object, structure, build- ing or district listed in the Village's register of D. Initiation of placement on Zocal register. historic sites. Placement of sites, buildings, structures, objects Demolition. The tearing down or razing of or districts on the local register may be initiated twenty-five (25) percent or more of a structure's by the village council. In addition, placement may external walls. be initiated by the owner of the site, building, structure, object or area; or, in the case of a District. A geographically definable area pos- district, by the owner of a site, building, struc- sessing asignificant concentration, linkage, or tore, object or area within the proposed district. continuity of sites, buildings, structures, objects, By adoption of this ordinance, those sites within or areas, which are united historically or aesthet- the Village of North Palm Beach that have been ically by plan or physical development. A district classified as a "Florida historic site" by the Divi- may be comprised of individual resources which Sion of Archives, History and Records Manage- are separated geographically but are linked by went, Florida Department of State, are hereby association or history. placed on the local register. Supp. No. 17 25.10.8 APPENDD~ C-ZONING § 45-37 E. Placement on local register. The following procedure shall be followed for placement of sites, buildings, structures, objects, areas and districts on the local register: 1. A nomination form, available from the department of public services, shall be completed by the applicant and returned to the department. 2. Upon receipt of a completed nomination form, including necessary documentation,. the director shall place the nomination on the agenda of the next regularly sched- uled meeting of the village planning com- mission. If the next regularly scheduled meeting of the planning commission is too close at hand to allow for the required notice to be given, the nomination shall be placed on the agenda of the succeeding regularly scheduled meeting. 3. Adequate notice of the planning commission's consideration of the nomina- ' tion shall be provided to the public at large, and to the owner(s) of the nomi- nated property(ies), at least fifteen (15) days in advance of the meeting at which the nomination. will be considered by the council. 4. The planning commission shall, within thirty (30) days from the date of the meeting at which the nomination is first on the planning commission agenda, re- view the nomination and write a recom- mendation thereon for consideration by the village council. The recommendation shall include. specific findings and conclu- sions as to why the nomination does or does not meet the appropriate criteria for listing on the local register. The recom- mendation shall also include any owner's objection to the listing. If the nomination is of a district, the recommendation shall also clearly specify, Supp. No. 17 2510.9 l '.1 APPENDIX C-ZONING § 45.37 through the use of maps, lists or other terials, workmanship, feeling and as- means, those buildings, objects or struc- socaation; and tures which are classified as contributing b. The site, building or district is associ- to the historical significance of the district. ated with events that are significant to localX state or national history; or the 5. Upon receipt of.the recommendation from district site, building, structure or ob- the planning commission to the village: ject embodies the distinctive character- councilp the nomination shall be placed on istics of a type, period or method ofcon- the agenda of the next regularly scheduled struction, or represents the work of a workshop of the village council. master, or possesses high artistic 6. Following the village council workshop con- values, or represents a significant and sideration, adequate notice of the village distinguishable entity whose compo- council's consideration of the nomination nents may lack individual distinction. at a public meeting shall be provided to the 2. A site or building located in a local register public at large (advertisement for public of historic sites district shall be designated hearing), and to the owner(s) of the nomi- as contributing to that district if it meets nested property or properties, at least fif- the following criteria: teen (15) days in advance of the meeting at which the nomination will be considered by a. The property is one which, by its loca- the council. tion, design, setting, materials, work- manship, feeling and association adds 7. The village council shall, within ninety (90) to the district's sense of time and place days from the date of the meeting at which and historical development. nomination is first on the council's agenda, b. A property should not be considered review the nomination and vote to accept contributing if the property's integrity or• reject the nomination. The decision shall of location, design, setting, materials, include specific findings and conclusions as workmanship, feeling and association to why this nomination does or does not have been so altered that the overall meet the appropriate criteria for listing on integrity of the property has been irre- the local register. The decision shall also trievably lost. include any owner's objection to the listing. c. Structures that have been built within If the nomination is of a district, the deci- the past fifty (50) years shall not be Sion shall also clearly specify, through the considered to contribute to the signifi- use of maps, lists, or other means, those cance of a district, unless a strong jus- grounds, buildings, objects or structures tification concerning their historical or which are classified as contributing to the architectural merit is given or the his- historical significance of the district. The torical attributes of the district are con- nomination form and the council's recom- sidered to be less than fifty (50) years mendation shall be sent to the planning old. commission. The nomination shall then be handled as any other rezoning/amendment G. Effect of listing on local register. to the land use element. 1. The department may issue an ofl"icial cer- tificate of historic significance to the owner F. Criteria for listing on local register. of properties listed individually on the local 1. A site, building or district must meet the register or judged as contributing to the following criteria before it may [be] listed character of a district listed on the local on the local register: register. The director of public services is authorized to issue and place official signs a. The site, building or district possesses denoting the geographic boundaries of each integrity of location, design setting, ma- district listed on the local register. 2511 § 45-37 NORTH PALM BEACH CODE 2. Structures and buildings listed individu- ii. Installation of all decks above the ally on the local register or judged as con- first-floor level and/or on the front tributing to the character of a district listed of the structure. on the local register shall be deemed his- iii. Installation of an exterior door or toric and entitled to modified enforcement door frame, or the infill of an ex- of the Standard Building Code as provided fisting exterior door opening. by Chapter 1, section 101.5 of the Standard iv. Installation or removal of any ex- Building Code Congress International, Inc. terior wall, including the enclo- 3. No demolition, alteration, relocation or con- sure of any porch or other outdoor struction activities may take place except area with any material other than as provided below. insect screening. v. The installation or relocation of H. Certificate of appropriateness. wood, chain-link, masonry (garden 1. When required. walls) or wrought iron fencing, or the removal of masonry (garden a. A certificate of appropriateness must walls) or wrought iron fencing. be obtained from the planning commis- vi. The installation or removal of all Sion before making certain alterations, fire escapes, exterior stairs or described below as regulated work ramps for the handicapped. items, contributing structures and vii. Painting unpainted masonry in- structures listed individually on the cluding stone, brick, terra-cotta local register. and concrete. b. For each of the regulated work items viii. Installation or removal of railings listed below, the following applies. or other wood, wrought iron or ma- i. Ordinary maintenance. If the work sonry detailing. constitutes ` `ordinary Abrasive cleaning of exterior walls. maintenance" as defined in this x. Installation of new roofing mate- code, the work may be done rials, or removal of existing roofing without a certificate of appropri- materials. ateness. xi. Installation or removal of security ii. Staff approval. If the work is not grilles, except that in no case shall "ordinary maintenance," but will permission to install such grilles result in the "original appearance" be completely denied. as defined in this code, the certifi- xii. Installation of new exterior siding cate of appropriateness may be is- materials, or removal of existing sued by the director of public ser- exterior siding materials. xiii. Installation or removal of exterior vices. skylights. iii. Planning commission approval. If xiv. Installation of exterior screen win- th e work i s not "ordinary doves or exterior screen doors. maintenance" and will not result Installation of an exterior window in the "original appearance," a cer- or window frame or the infill of an tificate of appropriateness must be existing exterior window opening. obtained from the planning com- mission before the work may be d. A certificate of appropriateness must done. be obtained from the planning commis- c. The following are regulated work Sion to erect a newbuilding or parking items: lot within a district listed on the local register. i. Installation or removal of metal e. A certificate of appropriateness must ~ awnings or metal canopies. be obtained from the planning commis- 2512 I, CODE COMPARATIVE TABLE Adoption Seetion 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(fl 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-Ol 1-16 28-3(6) Added 29-1-29-16 03-2001 2- 8-Ol 1 45-32A7.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 4-12-01 1 2-161(g) 2 2-166(1)c.2. 09-2001 4-12-O1 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 6-28-01 1, 2 2-4 16-2001 6-28-O1 1 Ch. 8 (title) 2, 3 Rpld 8-16 Added 8-1-8-6, 8-21, 8-22 18-2001 6-28-O1 1 2-1(c) 2 9-18 3 16-24 4 20-63 Supp. No. 22 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-Ol 1 2-2(a) 24-2001 8- 9-Ol 1, 2 2-85(3) I II I Supp. No. 22 2888 [The neat page is 2933] CODE INDEX Section Section A ALARMS (Cont'd.) ABANDONMENT False alarms Excessive false alarms declared public Abandoned, inoperative and junked prop- nwsance 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 ment 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 Consumption on playgrounds and public Bonds required of certain officers 2-42 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 lishmenta 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), Department heads 2-43(b) 45-36.N Departments 2-43(c) C-3 Regional Business District...... 45-34.1(9) 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 6-111 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. 22 2935 i NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Cont'd.) APPEARANCE PLAN (Appendix A) (Cont'dJ Rabies control. See herein that subject Public property VII(C) Registration 4-24 Site VII(A) Running 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) Appeals 21-107 Vicious, biting and attacking doge 4-29 Waste removal Applicability 21-102 Persona 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 walkm do to c 4-32 Cost 21-106 g g arry Definitions 21-103 Enforcement 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 gatherings 20-22 et seq. Death or destruction, reporting........ 4-46 See: PARKS, PLAYGROUNDS AND Muzzles; when required 4-45 RECREATION Rabid animals Confinement 4-43 ATLANTIC OCEAN Du to re ort; im oundin 4-44 Regulations governing construction of docks, I t P P g......... ~ Nuisance, declared 4-42 piers in Lake Worth and Atlantic Ocean 5-85 ANNEXATION Planning and development; filing fees and 13 cost for voluntary annexation of land 21-2 BATHING ANTENNAE Diseased persons prohibited from bathing Zoning regulations 45-21 in public pools, etc................. 19-3 APPEARANCE PLAN (Appendix A) BICYCLES (Note-Section citations contained herein Park regulations 20-6 refer to section citations found within Subdivisions, required improvements re Appendix A) bikeways 36-29.1 Administration V Areas of jurisdiction III BILLBOARDS. See: SIGNS AND BILL- Basis I BOARDS Criteria for appearance BIRDS. See: ANIMALS AND FOWL Building and site to adjoining area, re- I lationship of IV(B) BLOCKS Building design 1V(D) Subdivision design standards 36-18 Buildings to site, relationship of....... N(A) BOARDS COMMPI'TEES AND COMMIS- Evaluation, factors for . . 1V(H) SIONS. See: DEPARTMENTS AND Landscape and site treatment......... 1V(C) OTHER AGENCIES OF VILLAGE Maintenance-planning and design fac- tors IV(G) BOATS, DOCKS AND WATERWAYS Miscellaneous structures and street hard- Abandoned boats 5-8 ware IV(F) Signs ]V(E) Definitions VIII Maintenance for good appearance Buildings and appurtenances.......... VII(B) Supp. No. 22 2936 CODE INDEX Section Section BOATS, DOCKS AND WATERWAYS (ConfdJ BOATS, DOCKS AND WATERWAYS (ConfdJ Anchoring and mooring Variances 5-86 Limitation on anchoring and mooring in Erosion control structures prohibited area; mooring permit Construction 5-95 required 5-17 Control 5-96 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: BULKHEAD LINES Construction of provision 5-101(d) Coastal construction code 6-151 et seq. Defmition 5-101(a) See: COASTAL CONSTRUCTION CODE Mooring, docking, or beaching of boats on Code enforcement board, applicability re.. 2-173 ublic or rivate ro e Construction re uirements P P P P I`ty without q 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 Docks and piers BOISTEROUS CONDUCT Construction in waters other than Noisy and boisterous 19-106 Lake Worth and Atlantic Ocean, regulations governing 5-84 BONDS Definitions 5-81 Administrative code; bonds required. of cer- Generally 5-82 tain officers 2-42 Lake Worth and Atlantic Ocean, reg- Canal construction; surety bond prerequi- ulations governing. construction site to issuance of building permit... 5-61 in 5-85 Finance director, duties re............... 2-59(7) Minimum design requirements...... 5-83 Treasure's duties re proceeds of bonds 2-51(5) Supp. No. 17 2937 o ~ NORTH PALM BEACH CODE \ Section Section j BONDS (Cont'd.) BUILDINGS (Cont'd.) t Village manager 2-117 Obstructing passageway................. 19-47 Outdoor displays. See herein: Signs and BRUSH. See: WEEDS AND BRUSH Outdoor Displays - Park and recreation facilities; erecting build- BUILDINGS ings or structures 20-3 Appearance code Public land, construction on prohibited 6-1 Appeals and review 6-35 Public services department; division of per- Appearance plan 6-33 mits and inspections 2-85(1) Certificate of appropriateness Signs and outdoors displays 6-111 et seq. Final hearings..................... 6-57 See: SIGNS AND BILLBOARDS Follow-up by building inspector 6-60 Smoke, dust, odors, liquids, etc....... , 19-9 Planning commission Spitting in public places prohibited........ 19-5 Action of 6-58 Stormwater management; level of finished Approval by 6-59 floor of structures.................. 21-63 Preliminary consideration 6-56 Subdivision regulations . 36-1 et seq. Definition 6-31 See: SUBDIVISIONS (Appendix B) .Intent and purposes 6-32 Swimming pools 25-1 et seq. Planning commission, powers and du- See: SWIMMING POOLS ties re 6-36 Zoning regulations...................... 45-1 et seq. Short title . 6-30 See: ZONING (Appendix C) Appeazance plan (Appendix A). See that 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 Filling operation beyond bulkhead line pro- Codas hibited 7-2 Appearance code. See herein that sub- Filling permit ject Application fees _ 7-19 Building code . 6-17 Application; issuance 7-18 l 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 BULKHEADS Mechanical code 6-17 Bulkheads and seawalls, construction re- Plumbing code 6-17 quirements re q. 5-69 et se Standard building and construction codes See: BOATS, DOCKS AND WATER- adopted 6-17 WAYS Country club 9-1 et seq. See: COUNTRY CLUB BUSINESS REGULATIONS 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- F'lood 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-$3 Cate of regulation or under cer- Noise from building _ _ . 19-102 tificate issued on... _ 17-34.11 } Supp. No. 17 2938 CODE INDEX Section Section BUSINESS REGULATIONS (Confd.) CNIL DISORDERS AND DISTURBANCES. Fee exemptions 17-34.10 See: EMERGENCY MANAGEMENT Fee schedule 17-34.12 CLERK Half-year certificate 17-34.3 Issuance of certificate 17-34.3 Department of records, provisions re vil- Noncompliance of principal............ 17-34.8 lage clerk and deputy village clerk 2-67 et seq. Nonprofit enterprise, special permit for 17-34.5 See: DOCUMENTS AND PUBLIC Refund of fee 17-34.9 RECORDS Registration required 17-34.1 CLUBS Renewal 17-34.4 Country club 9-1 et seq. Suspension or revocation of certificate . 17-34.9 See: COUNTRY CLUB When due and payable 17-34.3 COASTAL CONSTRUCTION CODE Garage and other sales 17-61 et seq. See: GARAGE AND OTHER SALES Coastal construction requirements 17-2(a) et se Location of construction 6-155(4) Home occupations q• Major structures, structural require- See: HOME OCCUPATIONS ments for 6-155(1) Occupational licenses 17-16 et seq. See: LICENSES AND PERMIT Minor structures, structural require- Wellfield protection ments for 6-155(3) Nonhabitable major structures, struc- Regulation of business activities with tural requirements for 6-155(2) potential to contaminate land and Public access 6-155(5) water resources 19-221 Definitions 6-154 Zoning Flood damage prevention 12.5-1 et seq. Location of business for retail sales of See: FLOOD DAMAGE PREVENTION alcoholic beverages............... 45-20(2), 45- purpose 6-152 36.N References 6-156 C-3 Regional Business District...... 45-34.1(9) Scope Applicability 6-153(a) C Exceptions 6-153(b) Permits, application for 6-153(c) CABLE TELEVISION. See: TELEVISION Title 6-151 CAMPING CODE ENFORCEMENT BOARD Recreational, boating and camping equip- Alarm regulations, enforcement re 19-217 went; parking on residential property Applicability 2-173 restricted 18-35 Declaration of legislative intent.......... 2-171 Definitions 2-172 CANALS Enforcement procedure 2-175 Construction requirements 5-56 et seq. Fines; liens See: BOATS, DOCKS AND WATER- Appeals 2-180 WAYS Copies of orders imposing fines........ 2-178(d) Determination of amount of fine....... 2-178(b) CATS Duration of lien 2-179 Regulations enumerated 4-24 et seq. Generally............................ 2-178(x) See: ANIMALS AND FOWL Notices 2-181 CERTIFICATES Reduction of fine 2-178(c) Appearance code; certificate of appropriate- Hearing, conduct of 2-176 ness 6-56 et seq. Organization Attorney............................. 2-174(c) See: BUILDINGS Boats, docks and waterways; unlawfully Officers; quorum; compensation 2-174(b) anchored or moored vessels Qualifications and term 2-174(a) Unclaimed vessel to be sold; certifica- Powers 2-177 tion of sale 5-21 CODE OF ORDINANCES* Businesses located outside village limits, certificate of business regulations re. 17-34 et seq. *Note-The adoption, amendment, repeal, omissions, effec- See: BUSINESS REGULATIONS five date, explanation of numbering system and other matters Emergency medical services 11.5-21 pertaining to the use, construction and interpretation of this Historic site overlay district; certificate of Code are contained in the adopting ordinance and preface appropriateness 45-37(H) which are to be found in the preliminary pages of this volume. Supp. No. 22 2939 NORTH PALM BEACH CODE Section Section CODE OF ORDINANCES (Cont'd.) COUNTRY CLUB (Cont'd.) Altering Code 1-7 Premises Amendments 1-6 Disfiguration and/or removal of building Catchlines 1-3 or other property................ 9-1(1) Court cost Enforcement 9-2 j Assessment of additional court costs for Hours 9-1(2) ' criminal justice education expendi- Signs 9-2 ~ tares 1-9 Violations and penalties 9-2 Definitions and rules of construction 1-2 Designated and cited 1-1 COUNTY References to chapters or sections........ 1-3 Definitions and rules of construction 1-2 Repeal of ordinances, effect of............ 1-4 COURTS Severability of parts 1-5 Court coat Village clerk, duties re recording ordi- Assessment of additional court costs for nances 2-67(3) criminal justice education expendi- Violations and penalty 1-8 tares 1-9 COIN-OPERATED AMUSEMENTS Proximity to schools restricted 19-4 D COMBAT AUTO THEFT (CAT) DECALS Establishment, regulations 18-19 Combat Auto Theft (CAT) 18-19 COMMITTEES, COMMISSIONS. See: DE- DEPARTMENTS AND OTHER AGENCIES PARTMENTS AND OTHERAGENCIES OF VILLAGE OF VILLAGE Administrative code 2-39 et seq. See: ADMINISTRATIVE CODE COMMUNICATIONS Appearance board. See: APPEARANCE Telecommunications PLAN (Appendix A) Generally 29-1 et seq. Code enforcement board........ See: TELECOMMUNICATIONS • • • • • • • • • 2-171 et seq. Committees and boards generally; resi- Service tax 26-51 et seq. dency requirements................ 2-1 See: TAXATION Country club advisory board . 9-16 et seq. COMPUTATION OF TIlVIE See: COUNTRY CLUB Definitions and rules of construction 1-2 Finance, department o£ 2-59 See: FINANCES CONCURRENCY MANAGEMENT Fire and police retirement board of trust- Provisions enumerated 21-41 et seq. ees.....................,.......... 2-164 et seq. See: PLANNINGAND DEVELOPMENT See: PENSIONS AND RETIREMENT Fire division . 12-29 et seq. CONTRACTS AND AGREEMENTS See: FIRE PREVENTION AND PRO- Finance director, duties re contracts...... 2-59(3), (7) 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- Composition 9-17(a) journment of 2-3 Created 9-16 Meetings of specific boards, etc. See spe- Dutiea cific subjects Administrator 9-21(b) Planning and development board of adjust- Budget 9-21(d) went.............................. 21-21 ~ Management and administration.... 9-21(a) Planning commission 21-11, 21-12 1, 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) Records, department of....... , 2-67 et seq. Finances See: DOCUMENT AND PUBLIC Delinquent accounts; penalties 9-32 RECORDS i Sapp. No. 22 2940 CODE INDEX Section Section DEPARTMENTS AND OTHER AGENCIES DRAINAGE (Cont'dJ OF VILLAGE (Cont'd.) Subdivision design standards re easements Recreation department 2-110 and rights-of-way.................. 36-22(b) Recreation advisory board 20-61 et seq. Zoning; surface water management See: PARKS, PLAYGROUNDS AND C-3 Regional Business District 45-34.1(8) RECREATION DROUGHT Reserve police force....................... 23-42 et seq. See: POLICE Water shortage emergencies 19-200 et seq. Treasury department of 2-51 See: WATER SHORTAGE EMERGEN- See: TREASURY DEPARTMENT CIES Village council 2-16 et seq. E DEVELOPMENTS. See: PLANNINGAND DE- VELOPMENT ELECTIONS Ballots DISABLED AND HANDICAPPED PERSONS Direction for preparation 10-8 Applicability of dog prohibitions to guide Public measure 10-10 and service dogs 4-27(d) Specifications; general and runoff elec- Buildings lions 10-9 Accessibility to handicapped persons; Candidacy state law adopted 6-2 Candidates for office; qualifying 10-5 Parking violations re handicap spaces 18-37 Preservation of notice of candidacy 10-6 Clerks. See herein: Inspectors and Clerk DISTRICTS General elections, notice of 10-3 Fire districts 6-3 Inspectors and clerk Zoning regulations 45-16 et seq. Appointment......................... 10-58 See: ZONING (Appendix C) Compensation 10-61 Filling vacancy 10-60 DISTURBANCES. See: CIVIL DISORDERS AND DISTURBANCES Good order, duty to maintain and report violations 10-62 DOCKS. See: BOATS, DOCKS AND WATER- Instruction prior to election 10-64 WAYS Oath required 10-59 Organization 10-63 DOCUMENTS AND PUBLIC RECORDS Polling place Department of records Designated 10-76 Deputy village clerk Policeman to be present 10-77 Appointment 2-68 Protest of election returns; inspection by Duties 2-69 canvassing board 10-12 Village clerk; duties Special elections Election records, keeping........... 2-67(5) Notice of 10-4 Expiration of term, notice of 2-67(7) When held 10-2 Official seal, keeping 2-67(8) State laws Record ordinances 2-67(3) Applicable state laws adopted 10-1 Village council Voting machines may be used; state law Keep records of council 2-67(2) applicable 10-7 Public council action 2-67(4) Village clerk, duties re keeping election Serve as clerk of council 2-67(1) records 2-67(5) Vital statistics kee in 2-67(6) Village council to constitute canvassing • P g board Police division, duties re records......... 2-76(b)(1) 10-11 Treasurer's duties re examination of depart- Voting machines may be used; state law mental books 2-51(2) applicable 10-7 Village clerk and deputy village clerk. See ELECTRICAL CODE herein: Department of Records Amendments, corrections, additions 11-12 DOGS Code and county amendments adopted 11-11 . Code enforcement board, applicability re.. 2-173 Regulations enumerated 4-24 et seq. See: ANIMALS AND FOWL ELECTRICITY Swimming pools; electrical equipment 25-8 DRAINAGE Stormwater management 21-61 et seq. ELECTRONIC AUDIO EQUIPMENT See: STORMWATER MANAGEMENT Noise control 19-104 Supp. No. 22 2941 NORTH PALM BEACH CODE Section Section ) EMERGENCIES FENCES, WALLS, HEDGES AND ENCLO- Ambulancea 17-50, 17-51 SURES (Cont'd.) Emergency management 8-1 et seq. Swimming pool requirements 25-37, 25-38 ~ See: EMERGENCY MANAGEMENT ~ Emergency medical services FINANCES Fees Budget procedures 2-2 Billing and collection 11.5-23 Country club, provisions re 9-21(d), 9-32 Establishment 11.5-22 Court cost Generally 11.5-21 Assessment of additional court costs for Fire division 12-29 et seq. criminal justice education expendi- See: FIRE PREVENTION AND PRO- tares 1-9 TECTION Department of finance Water shortage emergencies 19-200 et seq. Finance director; duties See: WATER SHORTAGE EMERGEN- Audit accounts 2-59(1) CIES Budget duties 2-59(4) Certify contracts 2-59(3) EMERGENCY MANAGEMENT Custodian of bonds, contracts, etc... 2-59(7) Applicability . 8-2 Financial statements............... 2-59(5) Civil disorders and disturbances Keep accounts 2-59(6) Declaration of a state of emergency.... 8-22 Prescribe form 2-59(2) Mayor designated local authority forpres- Investment policy of the village 2-4 ervation of public peace.......... 8-21 Pensions and retirement. See also that Declaration of a state of emergency 8-5 subject Definitions 8-1 Length of service award plan for volun- Emergency management structure....... 8-3 teer firefighters 2-170 et seq. ' Powers, duties and responsibilities ~8-4 Pension and certain other benefits for Termination of a state of emergency...... 8-6 fire and police employees 2-159 et seq. EMPLOYEES. See: OFFICERS AND EM- Pension and certain other benefits for general employees 2-146 et seq. PLOYEES Planning and development; filing fees and ENCLOSURES. See: FENCES, WALLS, cost for changes 21-1, 21-2 HEDGES AND ENCLOSURES Social security . . 2-136 et seq. See: SOCIAL SECURITY ENERGY EFFICIENCY BUILDING CODE Taxation. See that subject Adopted by reference 6-150 Treasury, department of................. 2-51 ENGINE EXHAUST See: TREASURY DEPARTMENT Noise control policy 19-108 Village manager........................ 2-118 EROSION CONTROL STRUCTURES FINES, FORFEITURES AND OTHER PEN- Construction regulations 5-93 et seq. ALTIES See: BOATS, DOCKS AND WATER- Code enforcement board; fines and liens 2-178 WAYS Code of ordinances, provisions re general penalty and continuing violations 1-8 EXCAVATIONS Parking violation 18-37, 18-38 Bulkhead lines 7-1 et seq. Pension and certain other benefits for fire See: BULKHEAD LINES and police employees Stormwater management . . 21-61 et seq. Board of trustees for; forfeiture of mem- See: STORMWATER MANAGEMENT bership on board for absenteeism. 2-164(b) Street excavations 24-16 et seq. Contributions; forfeitures 2-163(d) See: STREETS, SIDEWALKSAND PUB- LIC PLACES FIRE DISTRICT Property within village designated....... 6-3 EXCRETA Dog waste, removal provisions re 4-31, 4.32 FIRE PREVENTION AND PROTECTION Code enforcement board, applicability re.. 2-173 I,, Department of public safety, provisions re fire division 2-76(c) FENCES, WALLS, HEDGES AND ENCLO- See: PUBLIC SAFETY DEPARTMENT SURES Fire division I Landscaping 27-31 et seq. Composition 12-30 ~ See: LANDSCAPING Created; functions 12-29 Sapp. No. 22 2942 I CODE INDEX Section Section FIRE PREVENTION AND PROTECTION (Cont'd.) Emergency medical technician volun- teers 12-32 Equipment Acquisition 12-52 Supp. No. 22 2942.1 CODE INDEX 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 INDECENCY AND OBSCENITY Maintenance 27-61 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) Vulgarlanguage 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 occu ant 27-37 p y.......... 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) Objectives 27-40(a) JITNK Planning commission, submission ofplans Abandoned, inoperative and junked prop- erty 14-37 et seq. to 27-40(d) 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 Damaging property unlawful 16-1 Ocean 5-85 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. 22 2945 NORTH PALM BEACH CODE Section Section LIBRARY (Cont'dJ LICENSES AND PERMITS (Cont'dJ 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 mcoring 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. wits 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 Treasure's duties re permits and licenses . 2-51(11) Garage, related sales 17-62 Utilities Home occupations. See also that subject Use ofrights-of--way for utilities; written Generally 17-16 et seq. Permit.......................... 28-2, 28-3 Occupational license for home occu- LOTS potions 17-2(c) et seq. Noise control; special permits excepted 19-119 Subdivision design standards 36-18 Occupational licensee Zoning regulations 45-1 et seq. 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 once by agent 17-29 devices for advertisin 19-105 Delia uenc enal 17-20 g q Y P ty Doing business not covered by license.. 17-28 Duplicate licenses 17 27 M 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 Half-year license 17-19 MAPS. See: SURVEYS, MAPS AND PLATS Home occupations. See also that subject MARINE SANCTUARIES Generally 17-16 et seq. Occupational license for home oc- Designated 5-101 ~ it cupations 17-2(c) et seq. ~/Ipy~ 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 Pillage council; presiding officer at meet- Required; basis of one year............ 17-16 ings 2-18 Specified professions, how tax construed MEASURES. See: WEIGHTS AND MEA- 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. 22 2946 CODE INDEX Section Section MEDICAL SERVICES Emergency medical services 11.5-21 et seq. See: EMERGENCIES MEETINGS. See: ASSEMBLIES MISSILES, STONES, ETC. Throwing missiles 19-83 Supp. No. 22 2946.1 CODE INDEX Section Section MONTH NOISE (Cont'd.) Definitions and rules of construction 1-2 Construction activity, permissible time for 19-111 Definitions 19-99 MONUMENTS Electronic audio equipment 19-104 Subdivisions, required improvements re 36-27 Enforcement MOTOR VEHICLES AND TRAFFIC Authority 19-116 Ambulances 17-50, 17-51 Procedure Businesses located outside village limits; All other noises 19-117(b) marking of commercial vehicles 17-34.13 Motor vehicle noise enforcement, op- Combat Auto Theft (CAT) 18-19 erating....................... 19-117(a) Fire division, provisions re cars and desig- Engine exhaust 19-108 nated emergency vehicles........... 12-31 et seq. Exemptions 19-120 See: FIRE PREVENTION AND PRO- Fixed mechanical equipment 19-112 fiECTION Horns and signal devices 19-103 Hitchhiking prohibited 19-6 Loading, unloading and unpacking 19-110 Junked vehicles Loudspeakers and devices for advertising. 19-105 Abandoned, inoperative and junked prop- Measurement procedure 19-113 erty 14-37 et seq. Musical instruments 19-104 See: GAR_ BAGE AND TRASH Noise control measurement standards other Noise control policy, provisions re 19-103 et seq. than motor vehicle noise standards.. 19-118 See: NOISE Noise control policy 19-100 Occupational licenses;. marking of commer- Periods of observation 19-114 cial vehicles 17-33.1 Radios 19-104 Park regulations re traffic 20-5 Special permits excepted 19-119 Parking. See herein: Stopping, Standing Unnecessary, excessive or offensive noise and Pm,~g Unlawful to make 19-101 Public safety department Vehicle defect or condition of load 19-109 Police division, provisions re traffic 2-76(b)(5) Voluntary compliance 19-115 Public services department NORTH PALM BEACH, VILLAGE OF. See: Division of signal service 2-85(3) VILLAGE Stopping, standing and parking Parking restricted 18-34 NUDITY Recreational, boating and camping equip- Topless costumes prohibited 19-64 went, and personal recreational use trailers; parking on residential prop- NUISANCES erty restricted 18-35 Abandoned, inoperative and junked prop- Signs, parking in violation of.......... 18-36 erty 14-37 et seq. Vehicle, trailer or boat parking prohib- See: GARBAGE AND TRASH ited upon paved or unpaved area of Animals creating nuisances 4-12 the road right-of--way of specific False alarms roadways 18-34.1 Excessive false alarms declared public Violations; fines nuisance 19-212 Handicap spaces 18-37 Rabid animals declared nuisance......... 4-42 Non-handicap spaces 18-38 Weeds and brush 14-79 et seq. Vehicular operation See: WEEDS AND BRUSH Speed limits NUMBER Generally 18-16 Weight limitations on certain roads 18-18 Definitions and rules of construction 1-2 MUSICAL INSTRUMENTS U Noise control 19-104 OATH, AFFIRMATION, SWEAR OR SWORN N Administrative code, provisions re oaths of office . 2-41 NOISE Definitions and rules of construction 1-2 Animal. noises 19-107 Election inspectors and clerk; oath re- Buildings, premises or property quired 10-59 Noise from 19-102 General employees retirement board; oaths Code enforcement board, applicability re.. 2-173 of office 2-154 Conduct, noisy and boisterous 19-106 Reserve police force; oath required 23-47 Supp. No. 17 2947 NORTH PALM BEACH CODE Section Section OBSCENITY. See: INDECENCY AND OB- P SCENITY PALM BEACH COUNTY. See: COUNTY OBSTRUCTIONS ~ PARHING Passageways, obstructing................. 19-47 Landscaping, provisions re off-street park- OCCUPATIONALLICENSES ing•••••••••••••••••••••••••••••••• 27-38,27-59 Regulations enumerated 17-16 et seq. et seq. See: LICENSES AND PERMITS See: LANDSCAPING Parks; designated parking azeas 20-5(6) OFFENSES Stopping, standing and parking........... 18-34 et seq. Definitions 19-1 See: MOTOR VEHICLES AND TRAF- Enumerated 19-3 et seq. FIC ' See also specific offenses as indexed Zoning, provisions re off-street parking 45-27 et seq. State misdemeanors adopted 19-2 See: ZONING (Appendix C) OFFICERS AND EMPLOYEES PARKS, PLAYGROUNDSAND RECREATION I' Administrative code 2-39 et seq. Alcoholic beverages See: ADMINISTRATIVE CODE Consumption on playgrounds and public Definitions and rules of construction 1-2 parks . 3-3 Elections. See also that subject Bicycles Generally 10-1 et seq. Operation in safe manner, etc.......... 20-6(2) Inspectors and clerk............_..... 10-58 et seq. Operation prohibited in certain areas.. 20-6(1) Finance director 2-59 Buildings or structure, erecting 20-3 Impersonating village official 19-8 Department of recreation Librarian 2-93 Director's duties Mayor 2-18, 8-16 Conduct community activity........ 2-110(2) Pensions and retirement. See also that Supervise recreation .areas.......... 2-110(1) subject Ejectment of violators 20-8 Length of service award plan for volun- Enforcement of provisions, responsibility . 20-7 \ Leer firefighters 2-170 et seq. Hours regulated 20-1 l) Pension and certain other benefits for Meetings and gatherings fire and police employees 2-159 et seq. Liability for loss or injury 20-23 Pension and certain other benefits for Permit general employees 2-146 et seq. Appeal from refusal to issue 20-35 Social security 2-136 et seq. Application........................ 20-33 Pubfic safety director 2-75 Form 20-32 Public services director 2-84 Issuance standazds 20-34 Recreation director...... 2-110 Required.......•.................. 20-31 Social security 2-136 et seq. Revocation 20-36 See: SOCIAL SECURITY Rules and regulations, permittee bound Treasurer 2-51 by.............................. 20-22 Village clerk and deputy village clerk...... 2-67 et seq. Property used to violate provisions, confis- See: DOCUMENTS AND PUBLIC cation of 20-9 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 OPEN SPACES. See: YARDS AND OPEN Officers' quorum, compensation........ 20-64 Removal 20-63 SPACES Terms • 20-62(b) OR, AND Vacancies P ...........P:.g 20-62(c) Definitions and rules of construction 1-2 Restrooms, failure to coo erate in kee m neat or sanitary 20-2 ORDINANCES. See: CODE OF ORDI- Traffic NANCES Enforcement of traffic regulations 20-5(2) Operation confined to roads 20-5(5) OWNER Parking areas designated 20-5(6) Definitions and rules of construction 1-2 Signs , • . 20-5(3) Supp. No. 17 2948 CODE INDEX Section Section POLLUTION (Cont'd.) Wellfield protection Regulation of business activities with potential to contaminate land and water resources 19-221 PRECEDING, FOLLOWING Definitions and rules of construction 1-2 PROFANITY Vulgar language prohibited in public places 19-65 PROPERTY Abandoned, inoperative and junked prop- erty 14-37 et seq. See: GARBAGE AND TRASH Supp. No. 20 2950.1 i 1 CODE INDEX Section Section PROPERTY (Cont'dJ R Appearance plan (Appendix A). See that subject RABIES CONTROL Boats, docks and waterways; unlaw- Provisions enumerated 4-42 et seq. fully anchored or moored vessels See: ANIMALS AND FOWL Unclaimed vessel to be sold; certifi- RADIOS cation of sale 5-21 Noise control 19-104 Definitions and rules of construction 1-2 Police division, provisions re radio main- Dogs on property of others............ 4-28(b) tenance 2-76(b)(6) Insurance excise taxes; property insur- ance premiums 26-17 REASONABLE TIME Noise from roe 19-102 Definitions and rules of construction 1-2 P P rty Subdivision regulations 36-1 et seq. RECORDS. See: DOCUMENTS AND PUB- See: SUBDIVISIONS (Appendix B) LIC RECORDS Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH RECREATION. See: PARK, PLAY- GROUNDS AND RECREATION PUBLIC PLACES. See: STREETS, SIDE- REFUSE. See: GARBAGE AND TRASH WALKS AND PUBLIC PLACES RESTROOMS PUBLIC RECORDS. See: DOCUMENTS Parks and recreation facilities; failure AND PUBLIC RECORDS to cooperate in keeping restrooms neat or sanitary 20-2 PUBLIC SAFETY DEPARTMENT RETIREMENT. See: PENSIONS AND RE- Boats, docks and waterways; unlaw- TIREMENT fully anchored or moored vessels Department of public safety to im- 8 pound 5-18 Director's duties SAND DUNES Designate instructor 2-75(2) Flood damage prevention provisions... 12.5-45 Make assignments 2-75(1) SANITATION. See: HEALTH AND SANI- Divisions TATION Fire Fire fighting 2-76(c)(3) SCHOOLS Fire prevention 2-76(c)(4) Coin-operated amusements; proximity Maintain equipment 2-76(c)(2) to schools restricted 19-4 Report losses 2-76(c)(1) Generall 2-76(a) SEAWALLS y ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Bulkheads and seawalls, construction Police requirements re 5-69 et seq. Crime prevention 2-76(b)(3), (4) See: BOATS, DOCKS AND WATER- Investigation 2-76(b)(3) WAYS Patrol 2-76(b)(2) Radio 2-76(b)(6) SEXUALLY-ORIENTED ENTERTAIN- Records 2-76(b)(1) MENT Traffic 2-76(b)(5) Adult entertainment establishments Emergency medical services 11.5-21 et seq. Zoning regulations re. See: ZONING See: EMERGENCIES (Appendix C) PUBLIC SERVICES DEPARTMENT SHALL, MAY Definitions and rules of construction 1-2 Director's duties 2-84 Divisions SHRUBBERY. See: TREES AND SHRUB- Municipal garage 2-85(4) BERY Parks 2-85(2) Permits and inspections 2-85(1) SIDEWALKS. See: STREETS, SIDE- Refuse disposal 2-85(5) WALKS AND PUBLIC PLACES Signal service 2-85(3) SIGNAL DEVICES Street maintenance 2-85(6) Noise control........................ 19-103 Supp. No. 16 2951 NORTH PALM BEACH CODE Section Section SIGNATURE, SUBSCRIPTION STORMWATERMANAGEMENT(Cont'd.) Definitions and rules of construction 1-2 Zoning; surface water management C-3 Regional Business District 45-34.1(8) SIGNS AND BILLBOARDS Code enforcement board, applicability STREETS, SIDEWALKS AND PUBLIC re . 2-173 PLACES Country club; provisions re signs...... 9-2 Code enforcement board, applicability Outdoor displays.See herein:Signs and re 2-173 Outdoor Displays Definitions and rules of construction 1-2 Parking in violation of signs 18-36 Dogs on streets and sidewalks 4-28(a) Parks, regulations re traffic signs 20-5(3) Excavations Signs and outdoor displays Definition 24-16 Construction standards 6-117 Equipment to be guarded 24-18 Design standards 6-117 Liability of village 24-20 Exempt signs 6-112 permits Location standards 6-117 Fees........................... 24-29 Measurement determinations 6-116 Required 24-28 Permitted permanent accessory signs 6-115 Protective measures 24-19 Permitted temporary signs 6-114 Refilling, tamping by excavator..... 24-17 Prohibited signs 6-113 Resurfacing by village 24-17 Provisions generally 6-111 Handbills; distribution restricted...... 19-7 Zoning Hitchhiking prohibited 19-6 C-3 Regional Business District..... 45-34.1(7) Landscaping 27-31 et seq. SOCIAL SECURITY See: LANDSCAPING Missiles, throwing 19-83 Agreement authorized 2-138 Motor vehicles and traffic 18-16 et seq. Appropriations by village . . . 2-140 See: MOTOR VEHICLES AND TRAF- Declaration of policy 2-136 FIC Exclusions from coverage 2-137 Obstructing passageway... ~l 19-47 /i Records and reports 2-141 profanity; vulgar language prohibited . 19-65 Social security act adopted 2-143 public services department Withholding and reporting agent...... 2-142 Division of permits and inspections . 2-85(1) Withholding from wages 2-139 Streets maintenance division....... 2-85(6) SPITTING Sidewalks and driveways Spitting in public places prohibited.... 19-b Dangerous or abandoned driveways. 24-46 Inspection fees; deposits pending ap- STATE proval 24-45 Definitions and rules of construction 1-2 Performance of work by village upon failure of compliance.......... 24-47 STENCH BOMBS permits Excepted uses 19-82(c) Driveway construction Possession prohibited 19-82(b) Application; information re- Throwing or depositing 19-82(a) quired 24-58 Prohibited in certain instances 24-57 STORMWATER MANAGEMENT Required 24-56 Adoption 21-61 Separate permits required for Applicability 21-61 driveways and sidewalk con- Design 21-61 struction 24-55 Finished floor of structures, level of 21-63 Sidewalks Objectives of system design........... 21-68 Constructed required in certain Open channels and outfall ditches..... 21-66 cases 24-41 Post development runoff rates, volumes Exceptions to requirements 24-42 and pollutant loads 21-67 Specifications Storm drainage facilities generally 21-64 Driveways 24-43(c) Stormwater retention systems 21-69 Generally 24-43(a) Streets Sidewalks 24-43(b) Minimum street grades 21-62 Village engineer, driveways to be con- Roadside swales 21-65 structed under supervision of.. 24-44 Subdivisions, required improvements re 36-31 Smoke, dust, odors, liquids, etc........ 19-9 Water quality 21-70 Spitting in public places prohibited.... 19-5 Supp. No. 16 2952 CODE INDEX Section Section TELECOMMUNICATIONS (Confd.) TREES AND SHRUBBERY (Confd,) Intent and purpose 29-2 Planting and removal; written approval Registration 29-4 required........................ 27-17 Involuntary termination 29-9 Scope................................ 27-19 Reports and records 29-6 Variety and location 27-18 Rights-of--way, use 29-8 Security fund 29-14 IT Service tax, generally 26-51 et seq. See: TAXATION UTILITIES Title 29-1 Flood damage prevention provisions...... 12.5-41(3), (5) Transfer of control; sale or assignment 29-11 Franchises enumerated. See Appendix D Underground installation; relocation 29-7 Street construction work; cost of changing or removal of public utilities 24-4 TELEPHONES Subdivision design standards re easements Alarms; interference with public safety de- and ri hts-of-wa 36-22(a) g y partment trunk line prohibited 19-215 Subdivisions, required improvements re 36-32 TELEVISION Telecommunications service tax.......... 26-51 et seq. Cable television rate regulation 17-1 See: TAXATION Use of rights-of--way for utilities TENSE Code enforcement board, applicability Definitions and rules of construction 1-2 re 2-173 Rules and regulations adopted 28-1 THEFT Written permit (franchise) Combat Auto Theft (CAT) 18-19 Contents 28-3 TIME Required; term 28-2 Definitions and rules of construction 1-2 UTILITY TAX TRAFFIC. See: MOTOR VEHICLES AND Collection 26-30 Exemption 26-31 TRAFFIC Levied; rate 26-29 TRAILERS Personal recreational use trailers; parking p on residential property restricted 18-35 VILLAGE TRASH. See: GARBAGE AND TRASH Definitions and rules of construction 1-2 TREASURY DEPARTMENT VILLAGE COUNCIL Treasurer's duties Compensation 2-16 Accounts of receipts and expenditures 2-51(6) Definitions and rules of construction 1-2 Bonds, responsibility for proceeds of 2-51(5) Elections; village council to constitute can- Books,examination of 2-51(2) vassing board...................... 10-11 Collect moneys and fees due village.... 2-51(10) Meetings Debt, cancellation of evidences of...... 2-51(7) Adjournment of all meetings 2-19 Default of officer, duty upon........... 2-51(4) Regular meetings Delinquent payments and financial re- Presiding officer 2-18 ports 2-51(3) When held 2-17 Fiscal supervision over officers 2-51(1) Rules of procedure. See herein that sub- Monthly report to finance director 2-51(12) ject Pay village employees 2-51(9) Rules of procedure Permits and licenses 2-51(11) Order of business..................... 2-26 Receive and disburse moneys.......... 2-51(8) Parliamentary rules 2-27 Village clerk, duties re 2-67 TREES AND.SHRUBBERY Code enforcement board, applicability re.. 2-173 VILLAGE MANAGER Landscaping 27-31 et seq. Administrative code, provisions re 2-39 et seq. See: LANDSCAPING See: ADMINISTRATIVE CODE Missiles, throwing 19-83 Bond................................... 2-117 Parks and recreation facilities; climbing Budget 2-118 trees, etc 20-4 Budget procedures, duties re............. 2-2 Swale areas, trees in Removal 2-116 Definitions 27-16 Residency.............................. 2-115 Supp. No. 21 2955 NORTH PALM BEACH CODE Section Section ~ VOYEURISM Y Window peeping prohibited 19-66 y~,DS AND OPEN SPACES Landscaping 27-31 et seq. W See: LANDSCAPING Zoning regulations 45-27 et seq. WALLS. See: FENCES, WALLS, HEDGES See: ZONING (Appendix C) AND ENCLOSURES YEAR WATER SHORTAGE EMERGENCIES Definitions and rules of construction 1-2 Application 19-201 Definitions 19-200 Z Enforcement ZONING (Generally) Emergency power 19-204 Appearance plan (Appendix A). See that Generally 19-203 subject Implementation Code enforcement board, applicability re.. 2-173 Exemptions 19-202(b) Home occupations....................... 17-2(a) et seq. Permanent restrictions 19-202(a) See: HOME OCCUPATIONS Sanitation, exception to maintain 19-205 Landscaping; conflict with zoning ordi- Violations and penalties 19-206 nance............................. 27-39 Planning commission; changes to zoning WATER SUPPLY AND DISTRIBUTION ordinances 21-12 Stormwater management 21-61 et seq. Subdivision regulations 36-1 et seq. ~ See: STORMWATER MANAGEMENT See: SUBDIVISIONS (Appendix B) 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 J WEAPONS. See: FIREARMS AND WEAP- ONS WEEDS AND BRUSH Lien Recorded statement of removal costs con- stitutes lien; collection 14-83 Notice to destroy 14-80 Owner to bear costs of removal 14-82 Prohibited over certain height 14-79 Removal by village 14-81 WEEK 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 [The next page is 2965] Supp. No. 21 2956