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Code of Ordinances Supplement 20 SUPPLEMENT NO. 20 September 2000 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 22-2000, adopted August 24, 2000. See the Code Comparative Table for further information. Rerrtoue old pages Insert netu pages xi, xii xi, xii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 149-150.2 149-150.2 153-158 153-158.3 329-334 329-334 398.11-398.14.1 398.11-398.14.1 2499, 2500 2499, 2500 2819, 2820 2819, 2820 2887 2887 2949-2950.1 2949-2950.1 Insert and maintain this instruction sheet in fi ont of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com �, i 4 I I I I I I i i TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 6.1 Art. IV. Administrative 11 Art. V. Qualifications and Elections 13 Art. VI. Transition Schedule 14 Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 136 Div. 1. Generally 136 Div. 2. Rules of Procedure 136.1 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. IV. Manager 142 Art. V. Pensions and Retirement Systems 142.1 Div. 1. Generally 142.1 Div. 2. Social Security 142.1 Supp. No. 20 ~ i NORTH PALM BEACH CODE j 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 I Art. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. 1. Generally 326 Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div. 4. Docks and Piers 328 Div. 5. Erosion Control Structures 333 Art. N 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 Art. II. Filling Permit 455 8. Civil Emergencies 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 509 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 Supp. No. 20 xii Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 136.1 19 iii 1 137, 138 17 v, vi OC 138.1 17 vii, viii OC 139, 140 OC ix OC 141, 142 OC x.i, x.ii 1 142.1, 142.2 16 x.iii 1 143 16 xi, xii 20 144.1, 144.2 12 xiii, xiv 16 144.3 12 xv 16 145, 146 9 1 OC 147, 148 9 3, 4 8 149, 150 20 5, 6 12 150.1, 150.2 20 6.1, 6.2 18 151, 152 11 7, 8 OC 153, 154 20 9, 10 OC 155, 156 20 11, 12 OC 157, 158 20 13, 14 OC 158.1, 158.2 20 65 18 158.3 20 77 OC 159, 160 19 79, 80 OC 161, 162 19 81, 82 9 163, 164 19 133 10 165 19 135, 136 19 211 OC Supp. No. 20 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 213, 214 19 727, 728 5 263 OC 729 5 265, 266 OC 777 OC 267, 268 17 779, 780 OC 269 17 781, 782 OC 319 OC 783, 784 OC ' 321, 322 17 785, 786 OC 323, 324 16 787, 788 OC 325, 326 16 789 OC 327, 328 16 839 OC 329, 330 20 889 OC 331, 332 20 891, 892 15 333, 334 20 892.1 15 381 OC 893, 894 OC 383, 384 17 895, 896 OC 385 17 945 OC 398.3, 398.4 7 947, 948 3 398.5, 398.6 8 997 OC 398.7, 398.8 17 999, 1000 10 398.9, 398.10 17 1051 OC 398.11, 398.12 20 1053, 1054 9 398.13, 398.14 20 1054.1, 1054.2 9 398.14.1 20 1055, 1056 14 398.15, 398.16 8 1057, 1058 14 399, 400 OC 1059, 1060 14 401, 402 OC 1060.1 14 403 OC 1061, 1062 8 453 OC 1063, 1064 8 455, 456 OC 1121 OC 507 OC 1171 OC 509 OC 1173, 1174 17 559 17 1175 19 561, 562 17 1225 OC 563 17 1227, 1228 OC 615 OC 1229, 1230 OC 617, 618 OC 1231, 1232 OC 619, 620 6 1233, 1234 OC 671 2 1235, 1236 OC 673 19 1237,1238 16 695 13 1238.1 16 697 13 1239, 1240 6 i 723 2 1241 6 725, 726 13 1289 3 726.1 13 1291, 1292 OC Supp. No. 20 [2] j CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1293, 1294 17 2359, 2360 OC 1343 4 2361, 2362 OC 1345, 1346 OC 2363, 2364 OC 1347, 1348 OC 2365, 2366 OC 1349, 1350 OC 2367, 2368 1 1351, 1352 14 2368.1 1 1352.1 14 2369, 2370 OC 1353, 1354 OC 2371, 2372 OC 1355, 1356 OC 2373, 2374 OC 1357, 1358 OC 2375, 2376 OC 1359, 1360 OC 2377, 2378 OC 1361, 1362 5 2379 OC 1363, 1364 5 2479 9 1365, 1366 5 2481, 2482 13 1367 5 2482.1, 2482.2 15 1411 OC 2482.3 15 1463 OC 2483,2484 14 1465, 1466 OC 2485, 2486 16 1517 OC 2486.1, 2486.2 16 1519, 1520 OC 2486.3, 2486.4 16 1521, 1522 OC 2487, 2488 OC 1523 OC 2488.1, 2488.2 18 1573 OC 2489, 2490 18 1575, 1576 OC 2491, 2492 18 1577 OC 2493, 2494 18 1627 9 2495,2496 18 1629, 1630 17 2497, 2498 18 1631 17 2499,2500 20 1681 OC 2501, 2502 18 1683, 1684 OC 2503, 2504 18 1685, 1686 OC 2504.1, 2504.2 16 1687, 1688 17 2505, 2506 10 1689, 1690 17 2507, 2508 13 1739 14 2509,2510 13 1741, 1742 13 2510.1, 2510.2 13 2043 OC 2510.3, 2510.4 13 2045, 2046 10 2510.5, 2510.6 17 2047, 2048 OC 2510.7, 2510.8 17 2049, 2050 OC 2510.9 17 2051, 2052 OC 2511, 2512 OC 2053 OC 2513, 2514 OC 2353 OC 2515, 2516 OC 2355, 2356 OC 2517, 2518 OC 2357, 2358 OC 2619 14 Supp. No. 20 [3] NORTH PALM BEACH CODE Page No. Supp. No. 2819, 2820 20 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 20 2933, 2934 OC 2935, 2936 19 2937, 2938 17 2939, 2940 17 2941, 2942 17 2943, 2944 17 2945, 2946 19 2946.1 19 2947, 2948 17 2949, 2950 20 2950.1 20 2951, 2952 16 2952.1 16 2953, 2954 14 2955, 2956 17 2965, 2966 15 2967 15 I Supp. No. 20 [4] ADMINISTRATION § 2-158 distribution that is one of a series of not elect to be covered under the optional plan substantially equal periodic payments (not within said thirty (30) day period shall continue less frequently than annually) made for to be covered under the existing benefit plan for the life (or life expectancy) of the distributee general employees. or the joint lives (or joint life expectan- cies) ofthe distributee and the distributee's (b) Retirement date. A member's normal retire- designated beneficiary or for a specified ment date shall be the first day of the month period of ten (10) years or more; any coincident with, or next following, attainment of distribution to the extent such distribu- his or her sixtieth birthday and the completion of tion is required under section 401(a)(9) of nine (9) full years of service with the Village. A the Code; and the portion of any distribu- member may retire on his or her normal retire- tion that is not includable in gross in- went date or on the first day of any month come. thereafter, and each member shall become one hundred (100) percent vested in his or her ac- (b) Eligible retirement plan: An eligible retire- trued benefit on his normal retirement date. The went plan is an individual retirement normal retirement date descr7bed above shall account described in section 408(a) of the apply only to members who are hired as general Code, an individual retirement annuity employees from and after the effective date of the described in section 408(b) of the Code, an ordinance from which this section derives. annuity plan described in section 403(a) of the Code, or a qualified trust described The normal retirement date for a member who in section 401(a) of the Code, that accepts was a general employee of the village prior to the the distributee's eligible rollover distribu- effective date of the ordinance from which this tion. However, in the case of an eligible section derives shall be the first day of the month rollover distribution to the surviving coincident with, or next following, attainment of spouse, an eligible retirement plan is an his or her sixtieth birthday. individual retirement account or individ- (c) Retirement benefit. A member retiring here- ual retirement annuity. under on or after his normal retirement date shall (c) Distributee: A distributee includes an em- receive a monthly benefit which shall commence ployee or former employee. In addition, on his retirement date and be continued thereaf- the employee's or former employee's sur- ter during his lifetime, ceasing upon death. The viving spouse is a distributee with regard member's annual pension benefit shall equal two to the interest of the spouse. and one quarter (21/x) percent of final average earnings multiplied by the member's credited . ,(d) Direct rollover: A direct rollover is a pay- service for the first twenty (20) years of credited ment by the plan to the eligible retire- service and one (1) percent for each year of went plan specified by the distributee. credited service thereafter. (Ord. No. 13-95, § 1, 3-23-95) (d) Member contributions. Sec. 2-158. Optional benefit plan. (1) Amount. Members of the plan shall make (a) Applicability to employees. The optional regular contributions to the fund at a rate benefit plan shall apply to all employees hired equal to two (2) percent of their respective subsequent to the effective date of the ordinance earnings. from which this section derives and to all existing (2) Duration. The Village shall pick-up, rather employees of the Village at the effective date of than deduct from each member's pay, be- the ordinance from which this section derives who ginning with the date of employment, two elect in writing to be a part of this optional benefit (2) percent of the member's basic compen- plan within thirty (30) days from the effective sation. The monies so picked-up shall be date of this section. Existing employees of the deposited in the Fund on a monthly basis. Village at time of passage of this section who do An account record shall be maintained Supp. No. 20 149 § 2-158 NORTH PALM BEACH CODE j " continuously for each member. Pick-up any year shall be seven (7) percent and contributions shall continue until death, the minimum rate shall be zero (0) per- - disability or termination of service, which- cent. ever shall occur first. Contributions shall (4) Guaranteed refund. All contributions made remain in the fund unless withdrawn as by employees whose employment is termi- provided in the Plan. No member shall nated prior to vesting shall receive a re- have the option to choose to receive the fund of all amounts contributed by the contributed amounts directly instead of employee together with interest at a rate having them paid by the village directly to equal to the Consumer Price Index, pub- the plan. All such pick-up contributions lished by the U.S. Bureau of Labor Statis- by the Village shall be deemed and be tics in effect during the year or years of considered as part of the member's accu- employee contributions or seven (7) per- 'I mulated contributions and subject to all cent per annum, whichever is less. provisions of the Plan pertaining to accu- mulated contributions of members. The (e) The board shall have the power and author- intent of this provision is to comply with ity to recommend an increase or decrease in the Section 414(h)(2) of the Internal Revenue benefits payable hereunder, through the adoption Code. For paying Social Security taxes, of an amendment to this article but provided such and for such other purposes except as action is based on an actuarial review by an specified in this plan, the amount of em- enrolled actuary who is a member of the Society of ployee contributions "picked-up" or paid Actuaries. by the village will be added to the amount (f) All portions of Division 3, Pension and distributed on a cui7ent basis in order to Certain Other Benefits for General Employees, of determine total wages, salary, pay or com- Article V of Chapter 2 of the Code of Ordinances pensation. In the event that the employer that are not in conflict with this Section 2-158 -- agrees to assume and pay member contri- shall have full applicability to this optional ben- butions in lieu of direct contributions by efit plan. the member, such contributions shall ac- (Ord. No. 12-96, § 2, 3-28-96; Ord. No. 28-96, § 1, cordingly be paid into the plan on behalf 7-25-96) of the members. No member subject to such agreement shall have the option of Sec. 2-158.1. Optional benefit plan no. 2. choosingto receive the contributed amounts Cost of lining adjustment. The amount of pen- directly instead of having them paid by Sion benefit will be increased or decreased in i the employer directly to the plan. All such accordance with the changes in the consumer contributions by the employer shall be price index published by the U.S. Bureau of Labor deemed and considered as part of the Statistics. Adjustments of pension payments will member's accumulated contributions and be made on October 1 of each year reflecting the subject to all provisions of this plan per- change in the consumer price index over the taming to accumulated contributions of 12-month period ending April 1 of that year. The members. The intent of this language is to maximum increase or decrease in the member's comply with section 414(h)(2) of the Inter- pension benefit for any one (1) year is three (3) ~ nal Revenue Code. percent. Ilowever, the member's pension benefit (3) Interest. Interest shall be credited to mem- can never be reduced below the amount the mem- ber contributions as of September 30 of ber received at date of retirement. Such adjust- each year at a rate equal to the change in ments shall apply to each retirement, survivor or the consumer price index, published by disability benefit in pay status as of each October ' the U.S. Bureau of Labor Statistics, over 1' the twelve-month period ending on the This provision is mandatory for all employees previous June 30. The maximum rate for hired after the effective date of this section and Supp. No. 20 150 ADMINISTRATION § 2-159 such employees shall contribute two (2) percent of of benefit shall have the same actuarial present their salary for this benefit. The cost of living value on the date payment commences as the adjustment and contribution of salary as specified normal form of benefit. For purposes of establish- in this section shall be optional with all employ- ing the actuarial present value of any form of ees who were hired prior to the effective date of payment, other than a lump sum distribution, all this ordinance. future payments shall be discounted for interest and mortality by using seven (7) percent interest The cost of living adjustment (COLA) set forth and the 1983 Group Annuity Mortality Table for herein shall apply to all forms of benefits set forth Males, with ages set ahead five (5) years in the in sections 2-148, 2-149 and 2-158 of the Code of case of disability retirees. In the case of a lump Ordinances of the Village. sum distribution, the actuarial present value shall (Ord. No. 13-2000, § 1, 5-11-00) be determined on the basis of the same mortality rates as just described and the Pension Benefit DIVISION 4. PENSION AND CERTAIN Guaranty Corporation's interest rates for termi- OTHER BENEFITS FOR FIRE AND POLICE nating single employer plans, which rates are in EMPLOYEESx effect: (1) Ninety (90) days prior to the member's Sec. 2-159. Definitions. date of termination if distribution is made As used herein, unless otherwise defined or within six (6) months of such date, or required by the context, the following words and (2) Ninety (90) days prior to the distribution phrases shall have the meaning indicated: date if distribution is made more than six Accrued benefit means the portion of a member's (6) months after date of termination. normal retirement benefit which is considered to Average monthly earnings means one-sixtieth have accrued as of any date. A member's accrued of earnings of a member during the five (5) years benefit as of any date shall be equal to two and of his employment within the last ten (10) years of one-half (2i/z) percent of his average monthly employment, which is greater than the total dur- earnings multiplied by his credited service, with a ing any other five (5) years during the ten-year maximum benefit equal to sixty (60) percent of period; provided that if a member shall have been average monthly earnings. For purposes of this employed for fewer than five (5) years, such calculation, average monthly earnings and cred- average shall be taken over the period of his ited service as of the date of determination shall actual employment. be used. The accrued benefit is considered to be payable in the plan's normal form commencing on Beneficiary means the person or persons enti- the member's normal retirement date, with such tled to receive benefits hereunder at the death of date determined as through the member remains a member who has or have been designated in in full-time employment with the employer. writing by the member and filed with the board. If no such designation is in effect at the time of Accumulated contributions means a member's death of the member, or if no person so designated own contributions plus interest credited thereto, is living at that time, the beneficiary shall be the if any, by the board. estate of the member. Actuarial equivalence or actua~•ially equivalent Board means the board of trustees which shall means that any benefit payable under the terms administer and manage the plan herein provided of this plan in a form other than the normal form and serve as trustee of the fund. Editor's note-Ordinance No. 9-82, enacted June l0, Credited service means the total number of 1982, did not expressly amend the Code; hence, codification of years and fi actional parts of years Of service 1-11 as herein set out in 2-159-2-169 was at the discretion of the editor. expressed as years and completed months, during Cross references-Fire division, § 12-29 et seq.; police, which a person serves as an employee as defined Ch. 23. below, omitting intervening years and fiactional Supp. No. 20 150.1 § 2-159 NORTH PALM BEACH CODE parts of years, when such person may not be gevity, safety and attendance awards and any employed by the employer; provided, however, other nonregular payments such as unused sick such person may have, without interrupting his leave or vacation time pay. other years of credited service, up to one (1) year's Effective date means March 1, 1967, -the date leave of absence. on which this plan initially became effective. The effective date of this restated plan is the date as of Notwithstanding the foregoing, no employee will ~,~,hich the village council adopts the plan.. receive credit for years or fractional parts of years of service for which he has withdrawn his contri- Employee means each actively employed full- butions to the pension fund for those years or time firefighter and police officer of the village. it fractional parts of years of service unless he Employee means the Village of North Palm repays into the pension fund the contributions he Beach, Florida. has withdrawn, with interest, within ninety (90) days after his reemployment, as provided in sec- tion 2-160 below. Further, an employee may voluntarily leave his contributions in the pension fund for a period of five (5) years after leaving the employ of the employer, pending the possibility of his being rehired, without losing credit for the time he has participated actively as an employee. Should he not be reemployed within five (5) years, his con- tributions shall be returned to him without inter- est. It is provided further that credited service shall include any service, voluntary or involuntary, in the armed fol-ces of the United States, provided the employee is legally entitled to reemployment under the provisions of the Universal Training and Service Act or any similar law; and provided further that the employee shall apply for reem- ployment within the time and under the condi- tions prescribed by law. For any person who becomes a member of the system on or after October 1, 1978, such military service shall not be credited if he is receiving or will receive in the future a retirement benefit from the federal gov- ernment based in whole or in part on such mili- tary service. ~ Early retirement date means for each member the first day of the month coincident with or next following the date on which he attains his fiftieth (50th) birthday. Earnings means a member's gross salary, in- cluding overtime, public safety pay increment and f special pay, but excluding bonuses, such as lon- f Supp. No. 20 150.2 ADMINISTRATION § 2-161 ified herein shall commence upon death of event of his disability retirement will the plan member and approval of the be payable on the first day of each pension board. month. The first payment will be (e) Disability retirement. made on the first day of the month following the later to occur of: (1) A member having ten (10) or more years 1. The date on which the disabil- of credited service may retire from the ity has existed for six (6) months, service of the village under the plan if, or prior to his normal retirement date, he 2. The date the board approves becomes totally and permanently dis- abled as defined in subsection (2) hereof. the payment of such retirement Such retirement shall herein be referred income. to as disability retirement. b. The last payment will be: (2) A member will be considered totally dis- 1. If the member recovers from abled if, in the opinion of the board, he is the disability prior to his nor- wholly prevented from rendering useful mal retirement date, the pay- and efficient service as a police officer or ment due next preceding the firefighter, and a member will be consid- date of such recovery, or eyed permanently disabled if, in the opin- 2. If the member dies without re- ion of the board, such member is likely to remain so disabled continuously and per- covering from his disability or manently. attains his normal retirement date while still disabled, the (3) No member shall be permitted to retire payment due next preceding his under the provisions of this section until death or the one hundred twen- examined by a duly qualified physician or tieth (120th) monthly payment, surgeon, to be selected by the board for whichever is later. that purpose, and is found to be disabled c. Any monthly retirement income pay- in the degree and in the manner specified ments due after the death of a dis- in this section. Any member retiring un- abled member shall be paid to the der this section shall be examined period- member's designated beneficiary. ically by a duly qualified physician or surgeon or board of physicians and sur- (6) If the board finds that a member who is geons to be selected by the board for that receiving a disability retirement income purpose, to determine if such disability is, at any time prior to his normal retire- has ceased to exist. ment date, no longer disabled, as provided (4) The normal form of benefit payable to a herein, the board shall direct that the member who retires with a total and disability retirement income be discontin- permanent disability as a result of a dis- ued. Recovery from disability as used ability commencing prior to his normal herein shall mean the ability of the mem- retirement date is the monthly income ber to render useful and efficient service payable for ten (10) years certain and life as a police officer or firefighter. which can be provided by the single sum (7) If the member recovers from the disability value of the members accrued benefit. and reenters the service of the village as a The disability retiree may also choose any police officer or firefighter, his service will of the optional benefits available in sec- be deemed to have been continuous, but tion 2-162 of this plan. the period beginning with the first month (5) a. The monthly retirement income to for which he received a disability retire- which amember is entitled in the merit income payment and ending with Supp. No. 20 153 § 2-161 NORTH PALM BEACH CODE the date he reentered the service of the normal retirement date had he remained ~ village will not be considered as credited in full-time employment with the em- service for the purpose of the plan. ployer. The member may direct that his accrued benefit, reduced as for early re- (8) Any condition or impairment of health of a member caused by tuberculosis hyper- tirement, commence at age fifty (50) or ~i any date thereafter provided his accumu- tension, heart disease, hardening of the lated contributions are not withdrawn. arteries, hepatitis, or meningococcal men- ingitis resulting in total or partial disabil- (2) A refund of accumulated contributions to ity or death, shall be presumed to be a member or his beneficiary shall consti- accidental and suffered in the line of duty tute a full and complete discharge of any unless the contrary be shown by compe- and all rights to claims or benefits under tent evidence. Any condition or impair- the system by the member or his benefi- ment of health caused directly or proxi- ciaries. mately by exposure, which exposure occurred in the active performance of duty (g) Cost of living adjustment. The amount of at some definite time or place without Pension benefit will be increased or decreased in willful negligence on the part of the mem- accordance with the changes in the consumer ber, resulting in total or partial disability, Price index published by the U.S. Bureau of Labor shall be presumed to be accidental and Statistics. Adjustments of pension payments will suffered in the line of duty, provided that be made on October 1 of each year reflecting the such member shall have successfully change in the consumer price index over the passed a physical examination upon en- twelve-month period ending three (3) months tering such service, which physical exam- before that date. The maximum increase or de- inationincluding electrocardiogram failed crease in the member's pension benefit for any one (1) year is three (3) percent. However the to reveal any evidence of such condition. In order to be entitled to presumption in member's pension benefit can never be reduced the case of hepatitis, meningococcal men- below the amount the member received at date of ingitis, or tuberculosis, the member must retirement. Such adjustments shall apply to each meet the requirements of F.S. section retirement, survivor or disability benefit in pay I 112.181.-The final decision whether amem- status as of each October 1. ber meets the requirements for duty dis- (h) Limitation on benefits. In no event may a ability pension rests with the board and member's annual benefit exceed the limitations of shall be based on substantial competent Internal Revenue Code Section 415 as such pro- ~ evidence on the record as a whole. visions apply to governmental pension plans. The (f) Termination benefits and vesting. provisions of Internal Revenue Code Section 415 that apply to governmental pension plans are (1) Each member who terminates employ- hereby incorporated into this plan by reference. went with the employer and who is not (Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, eligible for any of the retirement, death, 11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No. or disability benefits set forth herein shall 6-95, § 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95; receive from the fund within a reasonable Ord. No. 20-2000, 1, 2, 8-10-00) time following his date of termination a 'i refund of his accumulated contributions. Sec. 2-162. Optional forms of benefits. Provided, however, that if at the time of his termination of employment the mem- Each member entitled to a normal, early, dis- ber has ten (10) or more years of credited ability or vested retirement benefit shall have the service, he shall have the option of either right, at any time prior to the date on which receiving his accumulated contributions benefit payments begin, to elect to have his or her or his accrued benefit payable comment- benefit payable under any one (1) of the options ing at the date which would have been his hereinafter set forth in lieu of benefits provided Sapp. No. 20 154 ADNIINISTRATION § 2-163 herein, and to revoke any such elections and he begins receiving social security bene- make anew election at any time prior to the fits. The member's pension benefits may actual beginning of payments. The value of op- be reduced or terminated after social se- tional benefits shall be actuarially equivalent to curity payments begin. The amount of the value of benefits otherwise payable, and the reduction shall be actuarially determined. present value of payments to the retiring member must be at least equal to fifty (50) percent of the (4) Option 4-Other: In lieu of the other op- total present value of payments to the retiring tional forms enumerated in this section, member and his/her beneficiary. The member benefits may be paid in any form ap- shall make such an election by written request to proved by the board so long as actuarial the board, such request being retained in the equivalence with the benefits otherwise board's files. payable is maintained. (Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4, (1) Option 1-Joint and last sur•viaor• option. 2-13-92; Ord. No. 20-2000, § 3, 8-10-00) . The member may elect to receive a bene- fit, which has been adjusted to the actu- Sec. 2-163. Contributions. arial equivalent of the normal form of benefit, during his/her lifetime and have (a) Mernber contributions. such adjusted benefit (or a designated (1) Afnount. Members of the plan shall make fraction thereof, for example one hundred regular contributions to the fund at a rate (100) percent, seventy-five (75) percent, equal to two (2) percent of their respective sixty-six and two-thirds (662/x) percent or earnings. fifty (50) percent) continued after his death to and during the lifetime of his benefi- (2) Duration. The village shall pick-up, rather ciary. The election of option 1 shall be null than deduct from each member's pay, be- andvoid if the designated beneficiary dies ginning with the date of employment, two before the member's benefit payments com- (2) percent of the member's basic compen- mence. sation. The monies so picked-up shall be (2) Option 2-Ten (10) years certain and life deposited in the fund on a monthly basis. annuity. The member may elect to receive ~ account record shall be maintained a benefit, which has been adjusted to the continuously for each member. Pick-up actuarial equivalent of the normal foam of contributions shall continue until death, benefit, with one hundred twenty (120) disability or termination of service, which- monthl a ents aranteed. If themem- ever shall occur first. Contributions shall y p Ym ~ remain in the fund unless withdrawn as ber should die before the one hundred provided in the plan. No member shall twenty (120) monthly payments are made, have the option to choose to receive the payments are then continued to his des- contributed amounts directly instead of ignated beneficiary until one hundred having them paid by the village directly to twenty (120) payments in all have been the plan. All such pick-up contributions made, at which time benefits cease. After by the village shall be deemed and be expiration of the one hundred twenty (120) considered as part of the member's accu- monthlyguaranteed payments, should the mulcted contributions and subject to all retired member be then alive, payments shall be continued during his remaining provisions of the plan pertaining to accu- lifetime. mulcted contributions of members. The intent of this provision is to comply with (3) Option 3-Social security adjustment op- Section 414(h)(2) of the Internal Revenue tion. If a member retires before being Code. For paying Social Security taxes, eligible for social security benefits, he and for such other purposes except as may elect this option. Amember may elect specified in this plan, the amount of em- to receive a larger pension up to the date ployee contributions "picked-up" or paid Sapp. No. 20 155 § 2-163 NORTH PALM BEACH CODE / by the village will be added to the amount (c) Employer contributions. So long as this ~ distributed on a current basis in order to plan is in effect, the employer shall make contri- determinetotal wages, salary, pay or com- butions to the fund in an amount at least equal to pensation. In the event that the employer the difference in each year as between the aggre- j agrees to assume and pay member contx-i- gate member and state contributions for the year butions in lieu of direct contributions by and the total cost for the year as shown by the the member, such contributions shall ac- most recent actuarial valuation report for the cordingly be paid into the plan on behalf system. The total cost for any year shall be of the members. No member subject to defined as the total of normal cost plus the such agreement shall have the option of additional amount sufficient to amortize the un- choosing to receive the contributed amounts funded actuarial liability in accordance with ap- directly instead of having them paid by plicable laws of the State of Flox-ida. The employer's the employer directly to the plan. All such contribution shall be deposited on at least a quarterly basis. contributions by the employer shall be deemed and considered as part of the (d) Foy feitures. Any forfeitures arising shall be member's accumulated contributions and applied to reduce future contributions to the plan. subject to all provisions of this plan per- No forfeited amount shall be applied to change taining to accumulated contributions of benefit amounts for members. members. The intent of this language is to (Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, comply with section 414(h)(2) of the Inter- 12-11-86; Ord. No. 1-92, § 5, 2-13-92; Ord. No. nal Revenue Code. 30-95, § 4, 10-12-95; Ord. No. 29-96, § 1, 7-25-96) (3) Interest. Interest shall be credited to mem- Sec. 2-164. Board of trustees-Generally. ber contributions as of September 30 of each year at a rate equal to the change in (a) Composition. The board of trustees shall the consumer price index, published by consist of five (5) members: four (4) of whom shall the U.S. Bureau of Labor Statistics, over be elected by a majority of the members of the the twelve-month period ending on the plan. Two (2) of the elected members shall be previous June 30. The maximum rate for certified firefighters of the village, and two (2) any year shall be seven (7) percent and shall be certified police officers of the village. The the minimum rate shall be zero (0) per- fifth member of the board shall be a legal resident of the village and shall be appointed by the village cent. council. Each of the elected board members shall (4) Guaranteed refund. All benefits payable be appointed for a period of two (2) years, unless he sooner leaves the employment of the village or under this plan are in lieu of a refund of forfeits membership on the board, whereupon a accumulated contributions. In any event, successor shall be elected by a majority of the however, each member shall be guaran- members of the plan. Each of the elected board teed the payment of benefits on his behalf members may succeed himself in office. The res- at least equal in total amount to his ident member shall be a trustee for a term of two accumulated contributions. (2) years unless he forfeits membership on the board and he may succeed himself in office. The (b) State contributions. Any monies received or resident member shall be appointed by the village receivable by reason of the laws of the State of council for a term commencing October 1, 1998, Florida for the express purpose of funding and and expiringApri130, 1999. The resident member paying for the benefits of police officers or firefight- shall be appointed by the village council for a two ers shall be deposited in the fund within the tune (2) year term commencing May 1, 1999, and on prescx-ibed by law. Such monies shall be for the the first day of May of each second year thereaf- sole and exclusive use of members or may be used ter. The resident member shall hold office at the to pay extra benefits for members. pleasure of the village council. The fifth member Supp. No. 20 156 ADNIINISTRATION § 2-166 shall have the same rights as each of the other Sec. 2-165. Reserved. four (4) members appointed or elected as herein Editor's note-Section 7 of Ord. No. 1-92, adopted Feb. provided. The trustees shall by majority vote elect 13, 1992, repealed former § 2-165, relative to additional rules from its members a chairman and a secretary. and regulations, which derived from Ord. No. 9-82, § 7, The secretary of the board shall keep a complete adopted June 10, 1982. minute book of the actions, proceedings, or hear- ings of the board. The trustees shall not receive Sec. 2-166. Same-Power and authority. any compensation as such, but may receive ex- penses and per diem as provided by law. The board shall be the administrator of the (b) Foy feiture of membership on board for ab- system and, as such, it shall be solely responsible senteeism. In the event a member of the board for administering the pension fund. The board shall fail to attend three (3) consecutive regular shall have the power and authority: meetings of the board, such member shall be deemed to forfeit membership on the board and (1) To invest and reinvest the assets of the shall, at the conclusion of the third such meeting, Pension fiend in: no longer be a member of the board. Such indi- a. Time or savings accounts of a na- vidual shall not thereafter be eligible for reap- tional bank, a state bank insured by pointment or election to the board for a period of the Federal Deposit Insurance Cor- two (2) years. Any absence maybe excused by the poration, or a savings, building and board upon a showing that there existed justifi- loan association insured by the Fed- able reasons for the absence. eral Deposit Insurance Corporation. (c) Report and records. The secretary of the b. Obligations of the United States or board shall keep, or cause to be kept in convenient obligations guaranteed as to princi- form, such data as shall be necessary for an pal and interest by the Government actuarial valuation of the assets and liabilities of of the United States. the system. The fiscal year for the keeping of records and rendering reports shall be from Octo- c. Bonds, stocks, or any other evi- ber 1 through September 30. deuces of indebtedness issued or guar- (d) Board meetings. The board shall meet at anteed by a corporation organized under the laws of the United States, least quarterly each year. At any meeting of the any state or organized territory of board, three (3) trustees shall constitute aquo- the United States, or the District of rum. Any and all acts and decisions shall be by at Columbia, provided: least three (3) members of the board; however, no trustee shall take part in any action in connection 1. The corporation is listed on any with his or her own participation in the plan, and one (1) or more of the recog- no unfair discrimination shall be shown to any nized national stock exchanges individual participating in the plan. and holds a rating in one of the (e) Power to bring and defend lawsuits. The three (3) highest classifications board shall be a legal entity with, in addition to by a major rating service; and other powers and responsibilities contained herein, 2. The board shall not invest more the power to bring and defend lawsuits of every than five (5) percent of its as- kind, nature and description. The board shall be sets in the common stock or independent of the village to the extent required capital stock of any one (1) is- to accomplish the intent, requirements, and re- suing company, nor shall the sponsibilities provided for in this article and ap- aggregate investment in any one plicable law. (1) issuing company exceed five (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1, (5) percent of the outstanding 9-10-87; Ord. No. 1-92, § 6, 2-13-92; Ord. No. capital stock of that company, 22-98, § 1, 9-24-98) nor shall the aggregate of its Supp. No. 20 157 § 2-166 NORTH PALM BEACH CODE investments in equities at cost See. 2-167. Tax on insnrer~. exceed fifty (50) percent of the pension fund's assets. (a) There is hereby levied and imposed an excise tax upon every insurance company, corpo- (2) To issue drafts upon the pension fund ration or other insurer insuring loss against fire, pursuant to this article and rules and tornado or windstorm or engaged in the business i regulations prescribed by the board. All of casualty insurance. Such excise tax shall be in ~ such drafts shall be consecutively num- an amount equal to the rate specified in Chapter bered, be signed by the chairman and 175, Florida Statutes, multiplied by the gross secretary or their designee, and state upon receipts of premiums from holders of insurance their faces the purpose for which the policies of fire and windstorm insurance, and the drafts are drawn. The village finance di- rate specified in Chapter 185, Florida Statutes, rector or other depository of the village multiplied by the gross receipts of premiums from shall retain such drafts when paid, as holders of insurance policies of casualty insur- permanent vouchers for disbursements ance. All such policies shall be upon property made, and no money shall be otherwise within the corporate limits of the village. Such drawn from the pension fund. excise tax shall be in addition to any and all excise (3) To finally decide all claims to relief under taxes or license now levied or required by the this article and under the board's rules village. and regulations. (b) The proceeds of monies received under this (4) To convert into cash any securities of the excise tax shall be received annually from the pension fund. State of Florida by the village and shall be depos- (5) To keep a complete record of all receipts ited to the pension fund no more than five (5) days and disbursements and of the board's acts after receipt. and proceedings. (Ord. No. 1-92, 9, 10, 2-13-92) Editor's note~ection 9 of Ord. No. 1-92, adopted Feb. (6) To recommend an increase or decrease in 13, 1992, repealed former § 2-167, and § 10 of the ordinance the benefits payable hereunder, through enacted a new § 2-167 in lieu thereof. The repealed provisions pertained to oaths of office, meetings and quorums of the the adaption of an amendment to this board, and deiwed fiom Ord. No. 9-82, § 9, adopted Jmie lo, article, but provided such action is based 19x2. on an actuarial review by an enrolled actuary who is a member of the Society of Sec. 2-168. Repeal or termination of plan. Actuaries. (a) This plan and subsequent amendments per- (7) To retain, at least once every three (3) taming to said plan, may be modified, terminated, years, an independent consultant profes- or amended, in whole or in part by the employer; sionally qualified to evaluate the perfor- provided that if this plan shall be amended or mance of professional money managers. repealed in its application to any person benefit- The independent consultant shall make ing hereunder, the amount of benefits which at recommendations to the board regarding the time of any such alteration, amendment, or the selection of money managers for the repeal shall have accrued to the member or ben- next investment term. These recommen- eficiary shall not be affected thereby, except to the dations shall be considered by the board extent that the assets of the fund may be deter- at its next regularly scheduled meeting. mined to be inadequate. The date, time, place and subject of this meeting shall be advertised in a newspa- (b) If this plan shall be repealed, or if contri- per of general circulation in the munici- butions to the plan are discontinued, the board pality at least ten (10) days prior to the shall continue to administer the plan in accor- date of the hearing. dance with the provisions of this plan, for the sole (Ord. No. 9-82, § 8, 6-10-82; Ord. No. 12-85, 1, benefit of the then members, beneficiaries then 2, 7-11-85; Ord. No. 1-92, § 8, 2-13-92) receiving retirement allowances, and any persons Sapp. No. 20 158 ADMINISTRATION § 2-169 who would in the future be entitled to receive the plan, such excess shall be divided proportion- benefits under one (1) of the options provided for ately to the total contributions made by the vil- in this plan who are designated by any of said lage and the state. members. In the event of repeal, or if contribu- tions to the plan are discontinued, there shall be (e) The allocation of the fund provided for in full vesting one hundred (100) percent of benefits this subsection may, as decided by the board, be accrued to date of repeal and the assets of the carried out through the purchase of insurance plan shall be allocated in an equitable manner to company contracts to provide the benefits deter- provide benefits on a proportionate basis to the mined in accordance with this subsection. The persons so entitled to benefits in accordance with fund may be distributed in one (1) sum to the the provisions hereof. persons entitled to such benefits or the distribu- tion may be carried out in such other equitable (c) The following shall be the order of priority manner as the board may direct. The trust maybe for purposes of allocating the assets of the plan continued in existence for purposes of subsequent upon repeal of this plan or if contributions to the distributions. plan are discontinued: (Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-82, § 2, (1) Members already retired under the retire- 11-18-82; Ord. No. 1-92, § 11, 2-13-92) ment provisions of the plan and those eligible for normal or early retirement but Sec. 2-169. Miscellaneous. not actually retired, and their beneficia- (a) Discharged fnembers. Members entitled to ries, in proportion to and to the extent of a pension shall not forfeit the same upon dis- the then actuarially determined present missal from the employer, but shall be retired as value of the benefits payable. If any funds herein described. remain, then (2) Members who have at least ten (10) years (b) Non-assignability. No benefit provided for of credited service, in proportion to and to herein shall be pledgable, assignable or subject to garnishment for debt or for other legal process. the extent of the then actuarially deter- mined present value of their accrued ben- (c) Pension validity. The board of trustees shall efits. If any funds remain, then have the power to examine into the facts upon (3) The accumulated contributions of the ac- which any pension shall heretofore have been tive members less any benefits received, gx'anted under any prior or existing law, or shall and less amounts apportioned in (2) and hereafter be granted or obtained erroneously, (3) above, in proportion to and to the fraudulently, or illegally for any reason. The board extent of the then amount of such accu- is empowered to purge the pension roll of any mulcted contributions. If any funds re- Person theretofore granted a pension under prior main, then or existing law or hereafter granted under this plan if the same is found to be erroneous, fraud- (4) All other members whose present value of ulent or illegal for any reason; and to reclassify accrued benefits have .not been covered in any pensioner who has heretofore under any prior a previous category in the same manner or existing law or who shall hereafter under this as in (2). plan be erroneously, improperly or illegally clas- (d) After all the vested and accrued benefits sifted. provided hereunder have been paid and after all (d) Incompetents. If any member or beneficiary other liabilities have been satisfied, then and only is a minor or is, in the judgment of the board, then shall any remaining funds revert to the otherwise incapable of personally receiving and general fund of the village, less return of state's giving a valid receipt for any payment due him contributions to the state, provided that, if the under the plan, the board may, unless and until excess is less than the total contributions made by claims shall have been made by a duly appointed the village and the state to date of termination of guardian or committee of such person, make such Supp. No. 20 158.1 § 2-169 NORTH PALM BEACH CODE payment or any part thereof to .such. person's trary that would otherwise limit a distributee's spouse, children, trust or other person deemed by election under this section, a distributes may the board to have incurred expenses or assumed elect, at the time and in the manner prescribed by responsibility for the expenses of such person. the board, to have any portion of an eligible Any payment so made shall be a complete dis- retirement plan specified by the distributes in a charge of any liability under the plan for such direct rollover. payment. (e) Number and gender. When appropriate the (2) Definitions. singular in this plan shall include the plural and (A) The term "Code" used herein refers to the vice versa, and the masculine shall include the Internal Revenue Code of the United feminine and vice versa. States. (f) False or misleading statements made to (B) Eligible r•ollouer• distribution: An eligible obtain retirement benefits prohibited. rollover distribution is any distribution of (1) It is unlawful for a person to willfully and all or any portion of the balance to the knowingly make, or cause to be made, or credit of the distributes, except that an to assist, conspire with, or urge another to eligible rollover distribution does not in- make, or cause to be made, any false, clude: any distribution that is one of a fraudulent, or misleading oral or written series of substantially equal periodic pay- statement or withhold or conceal material menu (not less frequently than annually) information to obtain any benefit under made for the life (or life expectancy) of the this plan. distributes or the joint lives (or joint life (2) a. Apersonwhoviolatessubsection(f)(1) expectancies of the distributes and the distributee's designated beneficiary, or for of this section commits a misde- a specified period of ten (10) years or meanor of the first degree, punish- more; any distribution to the extent such able as provided in F.S. section distribution is required under Section 775.082 or 775.083. 401(a)(9) of the Code; and the portion of b. In addition to any applicable crimi- any distribution that is not includable in nal penalty, upon conviction fora gross income. violation described in subsection (f)(2)a. of this section participant or (C) Eligible retirement plan: An eligible retire- beneficiary of this plan may, in the went plan is an individual retirement discretion of the board of trustees, be account descrribed in Section 408(a) of the required to forfeit the right to re- Code, an individual retirement annuity described in Section 408(b) of the Code an ceive any or all benefits to which the person would otherwise be entitled annuity plan described in Section 403(a) under this plan. For purposes of this of the Code, or a qualified trust described subsection (f)(2)b., "conviction" means in Section 401(a) of the Code, that accepts a determination of guilt that is the the distributee's eligible rollover distribu- result of a plea or trial, regardless of tion. However, in the case of an eligible whether adjudication is withheld. rollover distribution to the surviving (Ord. No. 9-82, § 11, 6-10-82; Ord. No. 1-92, § 12, spouse, an eligible retirement plan is an 2-13-92; Ord. No. 20-2000, § 4, 8-10-00) individual retirement account or individ- ual retirement annuity. Sec. 2-170. Direct transfers of eligible rollover distribution. (D) Distributes: A distributes includes an em- ployee or former employee. In addition, (1) General. This section applies to distribu- the employee's or former employee's sur- tions made on or after January 1, 1993. Notwith- viving spouse is a distributes with regard f standing any provision of the system to the con- to the interest of the spouse. t Supp. No. 20 158.2 ADMINISTRATION § 2-170.4 (E) Direct r'ollover': A direct rollover is a pay- ment by the plan to the eligible retire- ment plan specified by the distributee. (Ord. No. 15-95, § 1, 5-11-95) DIVISION 5. LENGTH OF SERVICE AWARD PLAN FOR VOLUNTEER FIREFIGHTERSx Sec. 2-170.01. Purpose. The purpose of this plan is to award and provide retirement income for active members of the volunteer firefighters of the village in recog- nition of their years of dedicated community ser- vice. (Ord. No. 16-91, § 1, 4-11-91) Sec. 2-170.1. Name of sponsor. The name of the sponsor shall be the Village of North Palm Beach. (Ord. No. 16-91, § 2, 4-11-91) Sec. 2-170.2. Name of plan. The name of the plan shall be "length of service award plan for volunteer firefighters." (Ord. No. 16-91, § 3, 4-11-91) Sec. 2-170.3. Effective date of plan. The effective date of the plan shall be May 1, 1990. (Ord. No. 16-91, § 4, 4-11-91) Sec. 2-170.4. Eligibility to enter plan. Members, as defined herein, means volunteer firefighters duly recognized and enrolled as vol- unteer firefighters with the village. All members must meet each of the following requirements before participating in the plan: (1) Minimum age, eighteen (18). (2) Maximum age, sixty (60). (3) Completed one (1) year of active service with the sponsor. *Editor's note-Ordinance No. 16-91, adopted April 11, 1991, did not specifically amend this Code; hence, inclusion of 1-12 as Art. V, Div. 5, 2-170.01-2-170.11, was at the discretion of the editor. Cross reference-Fu•e division, § 12-29 et seq. Supp. No. 20 158.3 t BOATS, DOCKS AND WATERWAYS § 5-83 Sec. 5-82. Generally. c. Wood piling is to be minimum ten- (a) Docks, piers, mooring buoys and anchors, inch butt diameter and the treat- boat davits and other boat-lifting devices and went shall conform to AWPB MP1, other approved structures shall be owned and MP2 or MP4. Pile cutoff shall be constructed only by the upland landowner. treated in accordance with AWPA M4. (b) Boat davits and other boat-lifting devices shall require a building permit. d. All piling are to be set a maximum of ten (10) feet on center for timber (c) Docks, piers, mooring buoys and anchors deck construction. and other waterside structures shall require a building permit. (2) Stringers and bracing. Stringers and brac- (Code 1970, § 11-33; Ord. No. 3-71, § 2; Ord. No. ing, if lumber, shall be a minimum two- 10-2000, § 1, 4-13-00) inch by eight-inch. Sec. 5-83. Minimum design requirements. (3) Decking. Decking, if lumber, shall be a minimum two-inch by six-inch. (a) Coverings. Any sun, wind or weather cov- ering to be constructed over a dock or pier shall (4) Fasteners. require a permit and shall be classified as a a. All bolts, nuts, washers and nails canopy and shall meet the building code as such. shall be hot dipped galvanized or zinc plated or equal. (b) Decking elevation. The main deck of a dock or pier shall be placed at a minimum of three and b. Stringers and braces shall be fas- five-tenths (3.5) feet above mean sea level. The tened with minimum one-half inch steps from the ground or bulkhead cap shall not bolts. exceed seven (7) inches for each step. (5) Dock lumber. All dock lumber shall be (c) Wave break. The bottom wave breaking pressure treated or equal. stringer shall not extend below mean low water. (d) Floating doclas. Free-standing piling for (6) Concrete strength. All concrete shall be a floating docks shall be a minimum schedule 40, minimum strength of thirty-five hundred six-inch diameter, pea rock concrete filled steel (3,500) psi in twenty-eight (28) days. pipe or six-inch plastic pipe filled with pea rock (7) Blocks. If dock is to be supported by a concrete and two (2) equally spaced number four bulkhead, four-inch by four-inch blocks or reinforcing bars,. suitably tied. Attaching rings equal shall be bolted to bulkhead wall; shall be steel or chain. Smaller piling may be stringer shall be bolted to four-inch by allowed when properly structurally designed. four-inch blocks. (e) Construction material. Construction mate- (f) Structural equivalents permitted. Docks and rial for piers and docks shall meet the following piers of other design and material maybe permit- requirements: ted when structurally equivalent to the above. (1) Piling. a. Minimum bottom penetration is to (g) Commercial docks and piers. All commer- be six (6) feet. cial docks and piers are to be designed by a Florida registered professional engineer. b. Concrete piling is to be minimum eight-inch by eight-inch or eight- (h) Fixed, reinforced concrete construction re- inch diameter reinforced with four quired irz certain cases. All docks and piers to be (4) number five (5) rods with number constructed in Lake Worth and the Atlantic Ocean two (2) hoops eight (8) inches on shall be of reinforced concrete construction and be center. fixed docks and piers. Supp. No. 20 329 § 5-83 NORTH PALM BEACH CODE (i) Dolphins and tie poles. (2) In regard to construction waterside of any (1) Bottom penetration is to be a minimum of lot having fifty-foot or less frontage on the six (6) feet. water, docks shall not be placed within five (5) feet of the side property line ex- (2) Materials and construction are to be the tended. same as dock and pier pilings. (3) In regard to construction waterside of any (j) Commercial marinas. All fixed docks and lot having greater than fifty-foot frontage piers to be constructed in commercial marinas on the water, docks shall not be placed shall be concrete or equal. within ten (10) feet of the side property (k) Batter piles. line extended. (1) Batter piles are to be designed by a Flor- (4) Dead end lagoon. In regard to construc- ida registered professional engineer. tion waterside of any platted lot at the dead end of a lagoon, a dock or a pier may (2) Batter piles are to be constructed of pre- be placed zero (0) feet from the side prop- stressed concrete. erty line extended when all the following (3) A building permit shall be required prior requirements are complied with: to construction for all batter piles. a. The lot/lots shall be in a R-1 Single (4) Batter piles shall be installed only under Family Dwelling District. the following conditions: b. Building permits shall be obtained a. Obstructions prevent use of stan- as required by section 5-82 of this Bard tiebacks and anchors to rein- chapter. force bulkheads. c. At least one (1) lot shall have less b. Existing bulkhead has failed or is in than seventy-five (75) feet frontage on the water. danger of failing. c. Not to be used in the construction of d. A dock or pier, but not both, shall be new bulkheads. constructed at the same time. on both sides of the common property line in (5) Base of batter pile shall extend amaxi- question. The dock or pier on a lot mum of five (5) feet from the waterside shall be structurally independent of face of the bulkhead. the dock or pier on the adjacent lot. (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. 35-90, 2-6, 9-27-90) (5) Docks shall extend a maximum of five (5) feet out from the face of the bulkhead Sec. 5-84. Regulations governing construe- wall. tion in waters other than Lake (6) Piers not exceeding six (6) feet in width Worth and Atlantic Ocean. may extend waterside a maximum of fif- teen (15) feet in lagoons, twenty (20) feet All docks or other approved structures to be in the North Palm Beach Waterway and constructed waterside of bulkheads or land in the Prosperity Harbor, twenty-five (25) feet in lagoons, waterways or other bodies of water in the West Lake and North Lake and not more village, other than the waters of Lake Worth and than twenty-five (25) percent of the wa- the Atlantic Ocean, shall be constructed in actor- terway width of the Earman River; pro- ~ dance with the following requirements and regu- I vided however, that, a pier may extend lations: waterside a maximum of fifty-five (55) (1) Prior to a permit being issued by the feet when connected with a commercial village, a permit shall be obtained from marina operation in a commercial zoned such other authority that has a vested piece of property so long as said construe- interest in the waterway. tion leaves a minimum clear water dis- Supp. No. 20 330 BOATS, DOCKS AND WATERWAYS § 5-85 tance of forty (40) feet between the pier Sec. 5-85. Regulations governing construc- and any opposite bulkhead or water strut- tion in Lake Worth and Atlantic ture which may be constructed in actor- Ocean. dance with this chapter. Piers located in All piers, docks or other approved structures to the Earman River may be constructed be constructed waterside of the bulkhead line or with "L" or "T" heads provided the maxi- land of the village in Lake Worth, or the mean mum allowable length waterside is re- low-water mark of the Atlantic Ocean, shall meet duced by twelve (12) feet. No pier shall be the following regulations and requirements: located closer to the side property line extended than its extension waterside. (1) The design of any pier to be constructed under the provisions of this division shall (7) In lagoons, dolphin poles, wave breaks, be performed by an engineer registered in mooring posts, mooring buoys or floating the state, and detailed construction draw- anchors shall be placed a maximum of ings shall be submitted bearing the certi- twenty (20) feet from the face of the bulk- fication and seal of such engineer. head or the shore. Wave breaks shall be (2) Prior to a permit being issued by the allowed only at lagoon entrances opening village, a permit shall be obtained from into Lake Worth. such other authority that has a vested interest in the waterways. Nothing con- (8) In the North Palm Beach Waterway and tamed in this division shall be construed Prosperity Harbor, dolphin poles, mooring to affect the rights or obligations con- posts, mooring buoys or floating anchors netted with spoil areas located in Lake shall be placed a maximum of thirty (30) Worth within one hundred (100) feet feet from the face of the bulkhead or the lakeward of the bulkhead line referred to shore. above and the granting of a permit by the (9) In the Earman River, dolphin poles, wave village does not release the applicant from breaks, mooring posts, mooring buoys or personally determining what, if any, ef- fect such spoil areas may have upon any floating anchors shall be placed not more construction done in accordance with this than twenty-five (25) percent of the wa- division. terway width from the bulkhead or the shore. Wave breaks shall be allowed only (3) No pier shall extend beyond a line fifty at the entrance to Lake Worth. (50) feet waterside from and parallel to the bulkhead line of the village. _(10) In West Lake and North Lake, dolphin (4) The centerline of all piers shall be on a poles, mooring posts, mooring buoys or uniform alignment. floating anchors shall be placed a maxi- mum of fifty (50) feet from the face of the (5) Piers may be constructed with "L" heads bulkhead or the shore. or "T" heads of fifty (50) feet. A finger pier shall not exceed twenty-two (22) feet in (11) Dolphin or mooring post location shall be length and shall be a maximum of six (6) inside the side property line extended and feet and a minimum of three (3) feet in shall be determined by the building de- width. partment. (6) No point on any pier shall be closer than (12) In no instance shall any structure extend twenty (20) feet to either side property more than twenty-five (25) percent of the line projected along a line parallel to the width of the water. pier center line or closer than forty (40) (Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No. feet to any part of another pier. 6-73, § 1; Ord. No. 36-95, 1, 2, 12-14-95; Ord. (7) All piers and docks shall be constructed No. 28-98, 1-3, 12-10-98) with all major components including pil- Supp. No. 20 331 § 5-85 NORTH PALM BEACH CODE ing, beams, decks, etc., constructed of sections of the village Code, the board of adjust- reinforced concrete. Piers shall have a went must find the factors set forth in F.S. section maximum width of ten (10) feet, and a 163.225(3)(a), (b), (c): ~ minimum width of six (6) feet. ~ "(3) (a) To authorize upon appeal such vari- (8) Dolphins or mooring posts may be in- ance from the terms of the ordinance as stalled adjacent to piers, with location to will not be contrary to the public interest f be determined by the building depart- when, owing to special conditions, alit- ment. eral enforcement of the provisions of the (9) In regard to construction waterside of any ordinance would result in unnecessary lot having fifty (50) feet or less frontage on and undue hardship. In order to authorize the water, docks shall not be placed within any variance from the terms of the ordi- five (5) feet of the side property line ex- nance, the board of adjustment must find: tended. "1. That special conditions and circum- stances exist which are peculiar to (10) In regard to construction waterside of any the land, structure, or building in- lot having greater than fifty (50) feet volved and which are not applicable frontage on the water, docks shall not be to other lands, structures, or build- placed within ten (10) feet of the side ings in the same zoning district; property line extended. (11) Freestanding wave breaks shall not be "2. That the special conditions and cir- cumstances do not result from the permitted. actions of the applicant; (12) Mooring buoys and anchors shall be de- " 3. That granting the variance requested signed and located in such a manner as to will not confer on the applicant any not allow the moored vessel to cross the special privilege that is denied by side property lines extended. Mooring this ordinance to other lands, build- buoys and anchors shall be located paral- ings, or structures in the same zon- lel to the bulkhead no more than one ing district; hundred fifty (150) feet from the bulk- head. No live-aboards are allowed. The "4. That literal interpretation of the pro- upland land owner shall not moor or an- visions of the ordinance would de- chor more than one (1) boat. prive the applicant of the rights com- (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. monly enjoyed by other properties in 35-90, 7, 8, ~ 9-27-90; Ord. No. 13-98, § 2, the same zoning district under the 5-14-98; Ord. No. 11-99, § 3, 2-11-99; Ord. No. terms of the ordinance and would 10-2000, § 2, 4-13-00) work unnecessary and undue hard- ship on the applicant; Sec. 5-86. Variances. "5. That the variance granted is the minimum variance that will make The board of adjustment created and described possible the reasonable use of the in section 21-21 of this Code shall have the power land, building or structures; to authorize upon appeal such variance from the terms of section 5-85(3) as will not be contrary to "6. That the grant of the variance will the public interest when, owing to special condi- be in harmony with the general in- tions, aliteral enforcement of the provisions of tent and purpose of the ordinance those sections of the village Code as they pertain and that such variance will not be . to properties located on Lake Worth will result in injurious to the area involved or oth- unnecessary and undue hardship. In order to erwise detrimental to the public wel- ~ authorize any variance from the terms of those fare. Supp. No. 20 332 BOATS, DOCKS AND WATERWAYS § 5-101 "(b) In granting any variance, the board of Sec. 5-95. Construction. adjustment may prescribe appropriate con- ditions and safeguards in conformity with Construction plans and location of erosion con- this part and any ordinance enacted un- trot structures shall be prepared by a Florida der its authority. Violation of such condi- registered engineer and be approved by the vil- tions and safeguards, when made a part lage engineer. Prior to a permit being issued, of the terms under which the variance is permits shall also be obtained from any other granted, shall be deemed a violation of authority having a legal interest in the waterway, the ordinance. lake, river, lagoon or other body of water involved. (Code 1970, § 11-40; Ord. No. 4-74, § 2) "(c) The board of adjustment may prescribe a reasonable time limit within which the Sec. 5-96. Control. action for which the variance is required shall be begun or completed or both." Every erosion control structure shall be owned (Ord. No. 1-82, § 1, 1-28-82; Ord. No. 28-98, § 4, and maintained by the village and shall be al- 12-10-98) tered or removed under the authority and deci- sion of the village council. Erosion control struc- Secs. 5-87-5-92. Reserved. tures may be constructed by upland landowners under the supervision of the building official of the village. All erosion control structures shall DIVISION 5. EROSION CONTROL meet the minimum design requirements set forth STRUCTURES= in this chapter, including permits, fees, surety bonds, minimum design requirements and other Sec. 5-93. Definition. regulations. As used in this division, "erosion control strut- (Code 1970, § 11-40; Ord. No. 4-74, § 2) tures" shall mean seawalls and/or groins designed to control and prevent erosion of existing land Secs. 5-97-5-100. Reserved. masses which lie outside established bulkhead lines or property lines in waterways, lakes, rivers, ARTICLE IV. MARINE SANCTUARIES' lagoons or other bodies of water in the village. (Code 1970, § 11-40; Ord. No. 4-74, § 2) Cross reference-Rules of construction and definitions SeC. 5-101. Designation of waters as marine generally, § 1-2. sanctuaries. Sec. 5-94. When permitted. (a) Definition. Marine sanctuary is defined as - - those areas within the village where the tide ebbs Erosion control structures shall be permitted and flows including, but not limited to, Lake to be constructed in the village only where land Worth, the Intracoastal Waterway and other wa- masses exist waterward of any property line or ter areas throughout the village which under bulkhead line in the village and within the rights- normal circumstances support vegetation typi- of-way of any waterway, lake, river, lagoon or tally adapted for life in the water and for the other body of water in the village other than the preservation and growth of fish breeding, recre- Atlantic Ocean. Erosion control structures shall ation and aesthetic areas. be permitted when the village engineer and vil- lage council determine that such structure is (b) Areas designated. The village nominates all necessary to prevent a land mass as described "Water areas within its corporate limits, and, in above fiom eroding into the adjacent body of particular, Lake Worth and the Intracoastal Wa- water. 'Editor's note-Orduiance No. 18-79, § 1, adopted Sep- (Code 1970, § 11-40; Ord. No. 4-74, § 2) tember 13, 1979, amended the Code by adding § 7-25. How- ever, for pmPoses of classification, the new provisions have xCross reference-Coastal construction code, § 6-151 et been redesignated as Ch. 5, Art. IV, § 5-101, at the editor's seq. discretion. Supp. No. 20 333 I § 5-101 NORTH PALM BEACH CODE terway, to be designated as "a marine and wildlife sanctuary" as provided for under Title III of the Marine Protection, Research and Sanctuaries Act of 1972. The village clerk is hereby directed to request the secretary of commerce to so designate those portions of North Palm Beach to be marine sanctuaries. (c) Area to be regulated. The village hereby declares the waters of Lake Worth and the Intracoastal Waterway within its municipal bound- aries to be a marine sanctuary in accordance with its findings that these waters support substantial fish breeding and are one of the last known fish breeding areas in Lake Worth, and contain therein unique mangrove species, mud flats and other areas conducive to fish breeding and ecological conservation of marine life. Further, that such areas are necessary to be conserved for their ecological purposes, as well as for the substantial recreational purposes of fishing and boating which occur thereon, as well as for the aesthetic value of the substantial expanse of water, together with the marine life, mangroves and foliage connected therewith. Accordingly, the village council hereby undertakes to regulate water areas, mangrove areas and other fish breeding and recreation areas within the village to the extent that such regulations do not conflict with either state or federal law, and no disturbance of existing areas within the village where the tide ebbs and flows may occur without the specific authorization, per- mit and license of the village, after due notice and hearing as to the ecological, conservation, recre- ation and aesthetic affect upon these areas shall I be had. I (d) Construction of section. The terms of this section shall be in addition to any other terms set forth in this Code which are concerned with applications for dredge and fill permits, applica- tions for building, setback applications, etc., and shall not be considered to be in lieu of any requirements contained in the village Code. (Ord. No. 18-79, § 1, 9-13-79) Cross reference-Filling permits, 7-16-7-20. Supp. No. 20 334 [The next page is 381] 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 (27) Roof sign as defined by this code. be a pole, ground or building wall sign, but may 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 temporary 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 (31) 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. 20 398.11 § 6-114 NORTH PALM BEACH. CODE sa e shall be removed within o 2 B Conten A erm n tw t. a ent accessor si ma O ( ) g p Y ~ y workin da s er h i 1 nl i 1 n g y aft t o spec a event. o y d sp ay a y combination of the following, I' Approval of the size and locations of none of which may be harmful to minors as I the signs by the department of pub- defined in this Code. j 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 tempor•a~~ signs. building occupant which does not exceed fifty (50) percent of the allowable sign (1) One-family and two-family residences. A area. parcel on which is located a single one- family or two-family residence may dis- (4) Street address number and/or name. play not more than one temporary sign with a sign area of not more than five (5) (C) Permissible number, area, spacing and height square feet. No sign shall exceed five (5) of permanent accessory signs. feet in height. Front setback shall be ten (1) Ground signs: (10) feet and side setback shall be three (3) feet. a. Multi-family buildings with more than four (4) dwelling units. ~ (2) Multi-family residences. Aparcel on which Number -One (1) maximum. is located amulti-family residence may display not more than one (1) temporary Sign Area -Maximum thirty-two sign with a sign area of not more than (32) square feet. thirty-two (32) square feet. No individual Height -Eight (8) feet maximum. sign shall exceed eight (8) feet in height. Set back, Minimum -Ten (10) feet Front setback shall be ten (10) feet and front -three (3) feet side. side setback shall be three (3) feet. (3) On all other parcels. All other. parcels may b. Commercial occupancy: display not more than one (1) temporary Number -One sign per parcel right- sign with an aggregate sign area of not of-way frontage maximum. more than thirty-two (32) square feet. No sign shall exceed eight (8) feet in height. Sign Sig~a Sign Face Setback Height Area (4) All areas. Three (3) temporary political Minimum Maximum Maximam signs, each not exceeding five (5) square 5 ft. s ft. 3o sq. ft. feet in sign area and not more than five 10 ft. 8 ft. 36 sq. ft. (5) feet in height, may be displayed on a 20 ft. 10 ft. 40 sq. ft. parcel. 30 ft. 10 ft. 45 sq. ft. (Ord. No. 24-93, § 2, 10-14-93) (2) Building wall signs: Sec. 6-115. Permitted permanent accessory a. Subject to the design criteria of this signs. article, the maximum mounting height of a building wall sign shall (A) Sign types allowed. Apermanent accessory be eighteen (18) feet, except that on sign may be a ground or building wall sign. a building of more than two (2) sto- Supp. No. 20 398.12 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- ages. a sign area of twenty (20) square 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 deuelop- 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/z) size wall sign facing the such signs, the planning commission other street frontages. shall consider the location of public d. Each occupant of a single occupancy utilities, sidewalks and future street complex may display one (1) perma- widening. vent 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 tamed 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 bers 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- witted so long as they do not exceed three f3) feet clude advertising logo of the entity spon- in height, and so long as the sign face does not soring the activity or event being held on exceed one-half (1/a) square foot. publicly owned property, including, but not limited to youth athletic associations, (H) Street numbers. organized team competitions, swimming (1) Generally. Every building in the village meets, tennis tournaments and golf course shall have its street number so affixed to benches with direction and ball washing the building or the premises upon which facilities at each tee. the building is located- that it is both (J) Strings of white light bulbs. Strings of visible and legible from the public street. white light bulbs may be permanently permitted (2) Commercial buildings. Every commercial to outline buildings and decorate trees on com- building with a wall facing an alley shall mercially developed property provided that such have each individual tenancy street num- display does not interfere with neighboring land ber affixed to the building above or next to uses. A building permit is required. the rear door serving each tenancy so that (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 3, ~ the number: is both visible and legible 8-11-94; Ord. No. 10-99, § 2, 2-11-99; Ord. No. from the alley. The street numbers shall 22-2000, § 1, 8-24-00) ~ 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 atwo- 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- fi ame 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. (2) Special situations. Sec. 6-117. Design, construction, and loca- tion standards. (a) Where a sign is composed of letters (A) Generally. All permanent signs must 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, trangle, 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 situatio~as. (a) Where two (2) sign faces are placed back to back and are at no point more than three (3) feet apart, it shall be counted as one sign. Supp. No. 20 398.14.1 i APPENDIX C-ZONING § 45-32 required shall be controlled by the 6. Restaurants, one (1) space for each seventy- provisions defined in paragraph B of five (75) square feet of floor area devoted this section. to patron use, or one (1) space per three 2. Rear yard. (3) fixed seats, whichever is the greater, and one (1) space for each one and one- (a) For main structures of two (2) or less half (11/z) projected employees who would stories, the same as for R-1 and R-2 be actually working during peak employ- district. ment hours. (b) For structures in excess of two (2) 7. No parking shall be permitted in the first stories in height, the rear depth re- ten (10) feet of the required front yard quired shall be controlled by the depth, measured from the front property provisions defined in paragraph B of line. The restriction against parking in this section. the first ten (10) feet of the required front yard depth measured from the front prop- - 3. Side yap ds. erty line shall not apply to those proper- (a) For structures of two (2) stories or ties which have complied in full with the less, the same as for R-1 and R-2 landscaping provisions of chapter 41-16 districts. through 41-25 [chapter 27, article III], both inclusive. (b) For structures in excess of two (2) stoz-ies in height, the side yard re- Each convalescent hospital and quirements shall be controlled by nursing home shall be provided with the provisions defined in paragraph one (1) parking space (200 square B of this section. feet) for each six (6) beds in the establishment, plus one (1) parking (c) For a distance of one (1) block on space for each three hundred (300) streets intersecting U.S. [Highway square feet of administrative and No.] 1, measured from the right-of- service area within the building way line of said U.S. [Highway No.] (kitchen, service halls, chapel, din- t, side yards of at least twenty-five ing room, lounge, visiting areas and (25) feet in depth shall be provided. treatment rooms). E. Off-street parking regulations. F. Floor a1•ea regulations. 1. For single- and multiple-family strut- 1. In multiple-family dwelling structures, . tures, the same as .for the R-1 and R-3 each dwelling unit having one (1) bed- districts, respectively. room shall have a minimum floor area of seven hundred fifty (750) square feet. An 2. Churches, the same as for the R-2 multiple- additional one hundred fifty (150) square family dwelling district. feet of floor area shall be required for each 3. For hotels, one (1) space for each three (3) additional bedroom provided. bedrooms, plus one (1) additional space 2. In time-share structures, each dwelling for each five (5) employees. unit having one (1) bedroom shall have a 4. Hotel apartments, one (1) space for each minimum floor area of seven hundred dwelling unit. fifty (750) square feet; an additional one hundred fifty (150) square feet of floor 4.1. Time-sharing units, the same as for C-A area shall be required for each additional commercial district. bedroom provided. 5. Motels, one (1) space for each guest bed- G. Conditions for permitted uses: room, plus one (1) space for the resident 1. All activities (except restaurants that qual- manager or owner. ify under outdoor seating provisions of Supp. No. 20 2499 § 45-32 NORTH PALM BEACH CODE j EC Appendix C-Zoning), sales and. storage within completely enclosed build- ofgoods must be conducted entirely within ings with permanent nonmoving out- completelyenclosed buildings with perma- side walls. vent nonmoving outside walls. 2. No outside sidewalk of parking lot 2. No outside sidewalk or parking lot stor- storage (or) display of merchandise age [or] display of merchandise will be will be permitted. permitted. 3. No manufacturing or production of (Ord. No. 10-72, § 2; Ord. No. 4-73; Ord. No. products for retail or wholesale will 10-73, § 7, 9-13-73; Ord. No. 14-74; Ord. No. be permitted. 14-76, § 1, 7-8-76; Ord. No. 22-82, 6, 7, 9, 12-9-82; Ord. No. 9-87, § 1, 5-28-87; Ord. No. D. Building height regulations. No building or 17-90, § 4, 6-28-90; Ord. No. 23-90, § 3, 6-28-90; structure shall exceed two (2) stories or twenty Ord. No. 27-99, § 5, 8-12-99) five (25) feet. E. Building site area regulations: Sec. 45-32.1. CC Transitional commercial dis- 1. Maximum lot coverage. Main and acces- trict. sory buildings shall cover no more than A. General description. This residentiaUcom- thirty-five (35) percent of the total lot mercial transitional district is to provide for the area. development oflow-intensity business offices and 2. Reserved. other complementary uses. The CC district shall serve as a transition between residential areas F. Yards. and intense commercial development. 1. Front yards. All buildings shall be con- B. Uses permitted. The following uses are per- strutted from the Alternate A-I-A or Pros- mitted in the CC transitional commercial district: perity Farms Road right-of--way to pro- vide afront yard of not less than thirty 1. Financial institutions (30) feet. All buildings shall be set back 2. Professional offices from the right-of--way of streets which intersect with Alternate A-I-A or Prosper- 3. Florists ity Farms Road providing a yard of not i 4. Clothing stores less than twenty-five (25) feet. 5. Stationary [stationery] stores 2. Side yards. All buildings shall be set back from side lot lines so as to provide side 6. Photo studios/camera shops yards of not less than fifteen (15) feet. 7. Sporting goods stores 3. Rear yards. All buildings shall be set back 8. Gift shops from rear lot lines so as to provide a rear yard of not less than fifteen (15) feet. 9. Candy shops G. Off-street parking regulations. Off-street 10. Seamstress/tailor shop parking shall be provided the same as for the CA 11. Barber shops commercial district. 12. Hair salons H. Off-street parking layout, construction and maintenance shall be the same as for the CA 13. Nail salons commercial district. 14. Instructional dance/music studios (Ord. No. 31-97, § 1(Exhibit A), 7-10-97; Ord. No. 23-99, § 1, 6-10-99; Ord. No. 15-2000, § 1, 5-25-00) C. Conditions for permitted uses: 1. All activities, sales and storage of goods must be conducted entirely Supp. No. 20 2500 STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section Section Section this Code Section this Code 1.01 27-31 App. B, Art. II, 1.01 et seq. 1-2 § 36-8 ch. 22F App. B, Art. II, App. B, Art. II, § 36-10 § 36-15 ch. 39 App. C, § 45-2 App. B, Art. N, Ch. 50 2-181 § 36-27 50.041 2-181 ch. 185 2-167 50.051 2-181 185.08 26-16 ch. 98 Ch. 10 203.012 26-51 ch. 101 10-7 203.012(5)(b) 26-51 112.181 2-161(e)(8) ch. 205 Ch. 17, Art. II 161.55(1)(d) 6-156 205.043(2), 161.041 6-153 205.043(3) 17-24,17-25 161.053 6-154 205.053 17-20 162.12(2) 2-180 205.192 17-22 210.03 17-33 ch. 163 12.5-1 ch. 212 26-53 21-1 ch. 252 Ch.8 21-11 253.125 7-19 21-43, 21-44 280.02 2-4 App. B, Art. I, 316.008 Ch. 18 § 36-2, App. B, Art. 316.1955, 316.1956 18-37 I, § 36-4 320.01(1) 14-37 App. B, Art. II, § 36-16 ch. 327 Ch. 5 App B Art VI 335.065 App. B, Ait. N, 163.01 2-4 § 36-29.1 337.401(3) 28-3 163.161 et seq. 21-O1 342.03 Ch. 5 ch. 163.170, App. B, Art. II, ch. 373 19-200 §163.3164(17) § 36-10 163.225(3)(a)--(c) 5-86 ch. 380 21-44 • 163.295 6-150 App. B, Art. II, 163.3161 et seq. Ch. 21, Art. II § 36-10 380.04 21-103 163.3177 21-44 393 App. C, § 45-2 163.3178 6-155 ch. 394 App. C, § 45-2 21-44 ch. 400 App. C, § 45-2 ch. 166 6-16 ch. 401 11.5-21 Ch. 24 ch. 402 App. C, § 45-2 Ord. No. 2478 § 3 App. C, § 45-34.1 166.021 Ch. 17, Art. II 402.302(4), 166.221 17-34 402.302(5) 17-33 166.231 Ch. 26, Art. III ch. 403 19-117 ch. 170 212 413.08 4-27(d) 170.01 Ch. 24 ch. 419 17-33 ch. 175 2-167 App. C, § 45-2 175.101 26-17 ch. 472 App. B, Art. I, ch. 177 App. B, Art. I, § 36-6 § 36-2 ch. 480 App. C, § 45-2 Supp. No. 20 2819 NORTH PALM BEACH CODE j Ft Section Section this Code 553.73 6-154 11-11 553.73(2) 6-2 561.01 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 633.35 2-159 ch. 650 Ch. 2, Art. V, Div. 2 2-136 650.02 2-136 ch. 760 App. C, § 45-2 775.082,775.083 2-1690 ch. 847 App. C, § 45-20 870.041-870.048 8-16 872.05 2-104 943.14 2-159 943.25(13) 1-9 C i i I Supp. No. 20 2820 [The next page is 2869] CODE COMPARATIVE TABLE-ORDINANCES Adoption Section Ord. No. Date Section this Code 33-99 10-28-99 1 18-35(8) 04-2000 2-10-00 1, 2 2-172, 2-175 3 2-176(d) 4, 5 2-178, 2-181 05-2000 2-10-00 1 11-11 06-2000 2-24-00 1 Added 3-4 10-2000 4-13-00 1 5-82 2 5-85(12) 12-2000 4-27-00 1 6-113(B)(28) 13-2000 5-11-00 1 Added 2-158.1 15-2000 5-25-00 1 App. C, 45-32.1F. 20-2000 8-10-00 1, 2 2-161(e)(4), (8) 3 2-162(1) 4 2-169(fl 22-2000 8-24-00 1 6-115(C)(1)b. Supp. No. 20 2887 [The next page is 2933] I i CODE INDEX Section Section PARKS, PLAYGROUNDSAND RECREATION PENSIONS AND RETIREMENT (Contd.) (Contd.) Membership Speed of vehicles 20-5(4) Application for membership 2-160(b) State motor vehicle laws 20-5(1) Buy-back of previous service........ 2-160(d) Trees Changes in designation of beneficiary 2-160(c) Climbing trees, etc 20-4 Conditions of eligibility............. 2-160(a) Use by public only 20-1 Nonassignability 2-169(b) PENALTIES. See: FINES, FORFEITURES Number and gender 2-169(e) Optional forms of benefits 2-162 AND OTHER PENALTIES Pension valicht 2-169(c) • y PENSIONS AND RETIREMENT Repeal or termination of plan 2-168 Length of service award plan for volunteer Tax on insurers 2-167 firefighters Pension and certain other benefits for gen- Benefit formula 2-170.6 eral employees Contact person 2-170.10 Benefit amounts and eligibility Effective date 2-170.3 Direct transfers of eligible rollover Eligibility 2-170.4 distribution 2-157 Entitlement age . 2-170.5 Early retirement................... 2-148(d) Plan, name of 2-170.2 Late retirement.................... 2-148(c) Point system 2-170.11 Preretirement death 2-148(e) Pi•eretirement death benefit........... 2-170.7 Retirement benefit 2-148(b) Purpose 2-170 Retirement date 2-148(a) Sponsor, name of 2-170.1 Termination of employment...... , 2-148(f) Trustee and contact person............ 2-170.10 Benefit plan no. 2, optional (cost of liv- Vesting provisions, schedule of 2-170.8 ing adjustment) 2-158.1 Village contributions 2-170.9 Benefit plan, optional Pension and certain other benefits for fire Applicability to employees 2-158(a) and police employees Member contributions Benefit amounts Amount 2-158(d)(1) Cost of livin 2-161(g) Duration 2-158(d)(2) g Disability retirement 2-161(e) Guaranteed refund 2-158(d)(4) Early retirement 2-161(b) Interest.....................,... 2-158(d)(3) Formula 2-161(c) Retirement benefit 2-158(c) Limitation on 2-161(h) Retirement date 2-158(b) Normal retirement benefit.......... 2-161(a) Definitions 2-146 Preretuement death 2-161(d) Discharged members 2-156(a) Termination benefits and vesting.... 2-161(f) Incompetents 2-156(d) Board of trustees Membership Bring and defend lawsuits Application for membership 2-147(b) Powers 2-164(e) Change in designation of beneficiary 2-147(c) Composition 2-164(a) Conditions of eligibility............. 2-147(a) Forfeiture of membership on board Nonassignability . 2-156(b) for absenteeism 2-164(b) Normal and optional forms of benefits . 2-149 Meetings 2-164(d) Pension validity...................... 2-156(c) Power and authority 2-166 Repeal or termination of system 2-155 Reports and records 2-164(c) Retirement board Contributions Additional rules and regulations au- Employer 2-163(c) thorized...................... 2-152 Forfeitures 2-163(d) Established........................ 2-151 Member 2-163(a) Investuig funds; custodian of securi- State 2-163(b) ties.......................... 2-153 Definitions 2-159 Oaths of office; meetings; quorum 2-154 Direct transfers of eligible rollover dis- Social security 2-136 et seq. tribution 2-170 See: SOCIAL SECURITY Discharged members 2-169(a) Volunteer firefighters, length of service False, misleading statements made to award plan for. See herein: Length of obtain retirement benefits prohib- Service Award Plan for Volunteer ited 2-169(f) Firefighters Incompetents 2-169(d) Insurers, tax on 2-167 PERMITS. See: LICENSES AND PERMITS Supp. No. 20 2949 NORTH PALM BEACH CODE Section Section PERSON PLANNING AND DEVELOPMENT (Cont'd.) I Definitions and rules of construction 1-2 Jurisdiction 21-2(b) PIERS Planning commission, advice of........ 21-2(d) II Stormwater management 21-61 et seq. i Docks and piers, construction require- See: STORMWATER MANAGEMENT ' ments re 5-81 et seq. gn 36-1 et seq. Subdivision re lations . See: BOATS, DOCKS AND WATER- See: SUBDIVISIONS (Appendix B) WAYS ! Zoning regulations 45-1 et seq. PLANNING AND DEVELOPMENT See: ZONING (Appendix C) r Appearance plan (Appendix A). See that subject PLANNING COMMISSION Archaeological site protection regulations. 21-101 et seq. Composition; conduct generally See: ARCHAEOLOGICAL SITE PRO- Created 21-11(a) TECTION Meetings 21-11(c) Board of adjustment Membership 21-11(b) Composition; conduct generally Powers and duties 21-11(d) Administrative orders, review of 21-21(d) Zoning ordinances, changes to 21-12 Created 21-21(a) Decision of administrative official, ap- PLATS. See: SURVEYS, MAPS AND PLATS peals to board fi•om 21-21(e) Hearing of appeals 21-21(g) PLAYGROUNDS. See: PARKS, PLAY- Judicial review of decisions of board. 21-21(h) GROUNDS AND RECREATION Membership; terms; alternate; com- pensation 21-21(b) PLUMBING CODE Powers and duties 21-21(c) Standard codes adopted 6-17 Stay of work and proceedings on ap- peal 21-21(f) POLICE Comprehensive plan Court cost Adoption 21-O1 Assessment of additional court costs for Filing fees and costs for changes criminal justice education expendi- Enactment and authority........... 21-1(a) tures 1-9 Fee; application 21-1(c) Department of public safety, provisions re Jui~sdiction 21-1(b) police division 2-76(b) Planning commission, advise of 21-1(d) See: PUBLIC SAFETY DEPARTMENT Concurrency management Elections; policemen to be present at poll- Adequate public facilities available to ing place 10-77 service development 21-45 Fire division, provisions re police assis- Application 21-42 tance 12-43 Definitions 21-44 Impersonating police officer 19-8 Intent and purpose Pension and certain other benefits for fire Comprehensive plan, implementa- and police employees 2-159 et seq. tion of 21-43(a) See: PENSIONS AND RETIREMENT Managementlmonitoring and regula- tory program, establishment of 21-43(b) Reserve force Minimum requirements 21-43(c) Application for membership 23-43 Management and monitoring program Compensation 23-50 Amendments to CIE and annual bud- Created; purpose 23-42 get, recommendations on 21-46(c) Director of public safety, appointment to Annual public facilities update report 21-46(b) serve by 23-45 Generally 21-46(a) Oath required........................ 23-47 Regulatory program Powers and duties 23-48 Exemptions 21-47(b) Reserve list to be maintauied 23-44 Generally 21-47(a) Resignation.......................... 23-46 Public facility adequacy, review to de- Uniforms and insignia 23-49 termine 21-47(c) Short title 21-41 POLLUTION Filing fees and costs for voluntary annex- Smoke, dust, odors, liquids, etc........... 19-9 ation of land Stormwater management provisions re pol- Enactment and authority 21-2(a) lutant loads 21-67 ~ Fees: application 21-2(c) Waterways, pollution of 5-13 t\ Supp. No. 20 2950 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 t i i i i