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Pages Replaced by Supplement #20 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. 19 x1 i I NORTH PALM BEACH CODE ~ Chapter Page Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 142.3 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 150 ' Div. 5. Length of Service Award Plan for Volunteer Firefighters 158 Art. VI. Code Enforcement Board 159 3. Alcoholic Beverages 211 4. Animals and Fowl 2M Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. 1. Generally 326 Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div. 4. Docks and Piers 328 Div. 5. Erosion Control Structures 333 Art. IV. Marine Sanctuaries 333 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. 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 5M 10. Elections 615 Art. I. In General 617 Supp. No. 19 xil 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 19 144.1, 144.2 12 xiii, xiv 16 144.3 12 xv 16 145, 146 9 1 OC 147, 148 9 3, 4 8 149, 150 12 5, 6 12 150.1, 150.2 12 6.1, 6.2 18 151, 152 11 7, 8 OC 153, 154 11 9, 10 OC 155, 156 17 11, 12 OC 156.1, 156.2 17 13, 14 OC 157, 158 10 65 18 159, 160 19 77 OC 161, 162 19 79, 80 OC 163, 164 19 81, 82 9 165 19 133 10 211 OC 135, 136 19 213, 214 19 Supp. No. 19 [1] I I i NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 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 I 321, 322 17 785, 786 OC 323, 324 16 787, 788 OC 325, 326 16 789 OC 327, 328 16 839 OC 329, 330 17 889 OC 331, 332 17 891, 892 15 333, 334 17 892.1 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 17 1053, 1054 9 398.13, 398.14 17 1054.1, 1054.2 9 398.14.1 17 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 6 723 2 1241 6 725, 726 13 1289 3 726.1 13 1291, 1292 OC 727, 728 5 1293, 1294 17 Supp. No. 19 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 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 18 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 2359, 2360 OC 2819, 2820 17 Supp. No. 19 [3] NORTH PALM BEACH CODE Page No. Supp. No. 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 19 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 17 2950.1 17 2951, 2952 16 2952.1 16 2953, 2954 14 2955, 2956 17 2965, 2966 15 2967 15 Supp. No. 19 [4] ADMINISTRATION § 2-158 distribution that is one of a series of sub- plan within said thirty (30) day period shall stantially equal periodic payments (not less continue to be covered under the existing benefit frequently than annually) made for the life plan for general employees. , (or life expectancy) of the distributes or the joint lives (or joint life expectancies) of the (b) Retirement date. A member's normal retire- distributee and the distributee's desig- ment date shall be the first day of the month nated beneficiary or for a specified period coincident with, or next following, attainment of of ten (10) years or more; any distribution his or her sixtieth birthday and the completion of to the extent such distribution is required nine (9) full years of service with the Village. A under section 401(a)(9) of the Code; and the member may retire on his or her normal retire- portion of any distribution that is not in- ment date or on the first day of any month cludable in gross income. 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 ac- normal retirement date described above shall count described in section 408(a) of the apply only to members who are hired as general Code, an individual retirement annuity de- employees from and after the effective date of the scribed 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 in The normal retirement date for a member who section 401(a) of the Code, that accepts the was a general employee of the village prior to the distributee's eligible rollover distribution. effective date of the ordinance from which this However, in the case of an eligible rollover section derives shall be the first day of the month distribution to the surviving spouse, an coincident with, or next following, attainment of . eligible retirement plan is an individual his or her sixtieth birthday. retirement account or individual retire- ment annuity. (c) Retirement benefit. A member retiring here- 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, the on his retirement date and be continued thereaf- employee's or former employee's surviving ter during his lifetime, ceasing upon death. The spouse is a distributee with regard to the member's annual pension benefit shall equal two interest of the spouse. and one quarter (2'/4) percent of final average (d) Direct rollover: A direct rollover is a pay- earnings multiplied by the member's credited ment by the plan to the eligible retirement service for the first twenty (20) years of credited plan specified by the distributee. service- and one (1) percent for each year of (Ord. No. 13-95, § 1, 3-23-95) credited service thereafter. (d) Member contributions. Sec. 2-158. Optional benefgt plan. (1) Amount. Members of the plan shall make (a) Applicability to employees. The optional ben- regular contributions to the fund at a rate efit plan shall apply to all employees hired sub- equal to two (2) percent of their respective Sequent to the effective date of the ordinance from - earnings. 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 (2) percent of the member's basic compen- Benefit Plan within .thirty (30) days. from the sation. The monies so picked-up shall be effective date of this section. Existing employees deposited in the Fund on a monthly basis. of the Village at time of passage of this section An account record shall be maintained con- who do not elect to be covered under the optional tinuously for each member. Pick-up contri- Supp. No. 12 149 § 2-158 NORTH PALM BEACH CODE butions shall continue until death, disabil- (4) Guaranteed refund. All contributions made ity or termination of service, whichever by employees whose employment is termi- shall occur first. Contributions shall re- nated prior to vesting shall receive a re- main in the fund unless withdrawn as fund of all amounts contributed by the provided in the Plan. No member shall employee together with interest at a rate have the option to choose to receive the equal to the Consumer Price Index, pub- - contributed amounts directlyinstead ofhav- lished by the U.S. Bureau of Labor Statis- ing them paid by the village directly to the tics in effect during the year or years of plan. All such pick-up contributions by the employee contributions or seven (7) percent Village shall be .deemed and be considered per annum, whichever is less. as part of the member's accumulated :con- (e) The board shall have the power and author- tributions and subject to all provisions of ity to recommend an increase or decrease in the the Plan pertaining to accumulated contri- benefits payable hereunder, through the adoption butions of members. The intent of this of an amendment to this article but provided such - provision is to comply with Section 414(h)(2) action is based on an actuarial review by an of the Internal Revenue Code. For paying enrolled actuary who is a member of the Society of Social Security taxes, and for such other Actuaries. purposes except as specified in this plan, the amount of employee contributions ~ Portions of Division 3, Pension and Cer- "picked-up" or paid by the village will be taro Other Benefits for General Employees, of added to the amount distributed on a cur- Article V of .Chapter 2 of the Code of Ordinances rent basis in order to determine total wages, that are not in conflict with this Section 2-158 salary, pay or compensation. In the event shall have full applicability to this Optional Ben- that the employer agrees to assume and efit Plan. pay.member contributions in lieu of direct (Ord. No. 12-96, § 2, 3-28-96; Ord. No. 28-96, § 1, contributions by the member, such contri- 7-25-96) butions shall accordingly be paid into the plan on behalf of the members. IVo member DIVISION 4. PENSION AND CERTAIN subject to such agreement shall have the OTHER BENEFITS FOR FIRE AND POLICE option of choosing to receive the contrib- EiVlPLOYEES* sited amounts directly instead of having them paid by the employer directly to the Sec. 2-159. Definitions. plan. All such contributions by the em- ~ used herein, unless otherwise defined or _ ployer shall be deemed and considered as required by the context, the following words and part of the member's accumulated contri- phrases shall have the meaning indicated: butions and subject to all provisions of this plan pertaining to accumulated- contribu- Accrued benefit means the portion of a member's tious of members. The intent of this lan- normal retirement benefit which is considered to guage is to comply with section 414(h)(2) of have accrued as of any date. A member's accrued the Internal Revenue Code. benefit as of any date shall be equal to two and (3) Interest. Interest. shall be credited to mem- one-half (2i/z) percent of his average monthly earnings multiplied by his credited service, with a ber contributions as of September 30 of maximum benefit equal to sixty (60) percent of each year at a rate equal to the change in average monthly earnings. For purposes of this the consumer price index, published by the U.S. Bureau of Labor Statistics, over the *Editor's note-Ordinance No. 9-82, enacted June l0, twelve-month period ending on the previ- 1982, did not expressly amend the Code; hence, codification of ous June 30. The maximum rate for any 1-11 as herein set out in 2-159-2-169 was at the discretion of the editor. year shall be seven (7) percent and the Cross references-Fire division, § 12-29 et seq.; police, minimum rate shall be zero (0) percent. Ch. 23. I Supp. No. 12 150 ADMINISTRATION § 2-159 calculation, average monthly earnings and cred- writing by the member and filed with the board. If ited service as of the date of determination shall no such designation is in effect at the time of be used. The accrued benefit is considered to be death of the member, or if no person so designated payable in the plan's normal form commencing on is living at that time, the beneficiary shall be the the member's normal retirement date, with such estate of the member. date determined as through the member remains in full-time employment with the employer. Board means the board of trustees which shall administer and manage the plan herein provided Accumulated contributions means a member's and serve as trustee of the fund. own contributions plus interest credited thereto, if any, by the board. ~ Credited service means the total number of years and fractional parts of years of service Actuarial equivalence or actuarially equivalent expressed as years and completed months, during means that any benefit payable under the terms which a person serves as an employee as defined of this plan in a form other than the normal form below, omitting intervening years and fractional of benefit shall have the same actuarial present parts of years, when such person may not be value on the date payment commences as the employed by the employer; provided, however, normal form of benefit. For purposes of establish- such person may have, without interrupting his ing the actuarial present value of any form of other years of credited service, up to one (1) year's payment, other than a lump sum distribution, all leave of absence. future payments shall be discounted for interest and mortality by using seven (7) percent interest Notwithstanding the foregoing, no employee will and the 1983 Group Annuity Mortality Table for receive credit for years or fractional parts of years Males, with ages set ahead five (5) years in the of service for which he has withdrawn his contri- case of disability retirees. In the case of a lump butioris to the pension fund for those years or sum distribution, the actuarial present value shall fractional parts of years of service unless he be determined on the basis of the same mortality repays into the pension fund the contributions he rates as just described and the Pension Benefit has withdrawn, with interest, within ninety. (90) Guaranty Corporation's interest rates for termi- days after his reemployment, as provided in sec- nating single employer plans, which rates are in tion 2-160 below. effect: Further, an employee may voluntarily leave his (1) Ninety (90) days prior to the member's date contributions in the pension fund for a period of of termination if distribution is made within five (5) years after leaving the employ of the six (6) months of such date, or employer, pending the possibility of his being (2) Ninety (90) days prior to the distribution rehired, without losing credit for the time he has date if distribution is made more than six Participated actively as an employee. Should he (6) months after date of termination. not be reemployed within five (5) years, his con- tributions shall be returned to him without inter- Average monthly earnings means one-sixtieth est. of earnings of a member during the five (5) years of his employment within the last ten (10) years of It is provided further that credited service shall employment, which is greater than the total dur- include any service, voluntary or involuntary, in ing any other five (5) years during the ten-year the armed forces of the United States, provided period; provided that if a member shall have been the employee is legally entitled to reemployment employed for fewer than five (5) years, such under the provisions of the Universal Training average shall be taken over the period of his and Service Act or any similar law; and provided actual employment. further that the employee shall apply for reem- ployment within the time and under the condi- Benefaciary means the person or persons enti- tions prescribed by law. For any person who tied to receive benefits hereunder at the death of becomes a member of the system on or after a member who has or have been designated in October 1, 1978, such military service shall not be Supp. No. 12 150.1 § 2-159 NORTH PALM BEACH CODE } l 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- cludingovertime, public safety pay increment and special pay, but excluding bonuses, such as lon- gevity, safety and attendance awards and any other nonregular payments such as unused sick leave or vacation time pay. Effective date means March 1, 1967, the date on which this plan initially became effective. The effective date of this restated plan is the date as of which the village council adopts the plan. Employee means each actively employed full- time firefighter and police officer of the village. Employer means the Village of North Palm Beach, Florida. ~ Supp. No. 12 1502 ADMINISTRATION § 2-161 ified herein shall commence upon death of month. The first payment will be made the plan member and approval of the pen- on the first day of the month following sion board. the later to occur of: 1. The date on which the disability (e) Disability retirement. has existed for six (6) months, or 2. The date the board approves the (1) A member having ten (10) or more years of payment of such retirement in- credited service may retire from the service come. of the village under the plan if, prior to his b. The last payment will be: normal retirement date, he becomes totally 1. If the member recovers from the and permanently disabled as defined in disability prior to his normal re- subsection (2) hereof. Such retirement shall tirement date, the payment due herein be referred to as disability retire- next preceding the date of such ment. recovery, or (2) A member will be considered totally dis- 2. If the member dies without recov- abled if, in the opinion of the board, he is Bring from his disability or attains wholly prevented from rendering useful his normal retirement date while and efficient service as a police officer or still disabled, the payment due firefighter, and a member will be consid- next preceding his death or -the eyed permanently disabled if, in the opin- one hundred twentieth (120th) ion of the board, such member is likely to monthly payment, whichever is remain so disabled continuously and per- later. manently. c. Any monthly retirement income pay- ments due after the death of a disabled (3) No member shall be permitted to retire member shall be paid to the member's under the provisions of this section until designated beneficiary. examined by a duly qualified physician or (6) If the board finds that a member who is surgeon, to be selected by the board for that receiving a disability retirement income is, purpose, and is found to be disabled in the at any time prior to his normal retirement degree and in the manner specified in this date, no longer disabled, as provided herein, section. Any member retiring under this the board shall direct that the disability section shall be examined periodically by a retirement income be discontinued. Recov- duly qualified physician or surgeon or board ery from disability as used herein shall of physicians and surgeons to be selected mean the ability of the member to render by the board for that purpose, to determine useful and efficient service as a police of- if such disability has ceased to exist. ficer or firefighter. (7) If the member recovers from the disability (4) The benefit payable to a member who re- and reenters the service of the village as a tires with a total and permanent disability police officer or firefighter, his service will as a result of a disability commencing prior be deemed to have been continuous, but the to his normal retirement date is the monthly period beginning with the first month for income payable for ten (10) years certain which he received a disability retirement and life which can be provided by the income payment and ending with the date single-sum value of the member's accrued he reentered the service of the village will benefit. not be considered as credited service for the purpose of the plan. (5) a. The monthly retirement income to which a member is entitled in the (fl Termination benefits and vesting. event of his disability retirement will (1) Each member who terminates employment be payable on the first day of each with the employer and who is not eligible Supp. No. 11 153 § 2-161 NORTH PALM BEACH CODE for any of the retirement, death, or disabil- Sec. 2-162. Optional forms of benefits. ity benefits set forth herein shall receive from the fund within a reasonable time Each member entitled to a normal, early or following his date of termination a refund vested retirement benefit shall have the right, at of his accumulated contributions. Provided, any time prior to the date on which benefit however, that if at the time of his termina- payments begin, to elect to have his benefit pay- tion of employment the member has ten able under any one (1) of the options hereinafter (10) or more years of credited service, he set forth in lieu of benefits provided herein, and to shall have the option of either receiving his revoke any such elections and make a new elec- accumulated contributions or his accrued tion at any time prior to the actual beginning of benefit payable commencing at the date payments. The value of optional benefits shall be which would have been his normal retire- actuarially equivalent to the value of benefits went date had he remained in full-time otherwise payable, and the present value of pay- employment with the employer. The mem- ments to the retiring member must be at least ber may direct that his accrued benefit, equal to fifty (50) percent of the total present reduced as for early retirement, commence value of payments to the retiring member and his at age fifty (50) or any date thereafter beneficiary. The member shall make such an provided his accumulated contributions are election by written request to the board, such not withdrawn. request being retained in the board's files. (2) A refund of accumulated contributions to a (1) Option X-Joint and last survivor option. member or his beneficiary shall constitute The member may elect to receive a benefit, a full and complete discharge of any and all which has been adjusted to the actuarial rights to claims or benefits under the sys- tem by the member or his beneficiaries. equivalent of the normal form of benefit, during his lifetime and have such adjusted (g) Cost of lining adjustment. The amount of benefit (or a designated fraction thereof) pension benefit will be increased or decreased in continued after his death to and during the accordance with the changes in the consumer lifetime of his beneficiary. The election of price index published by the U.S. Bureau of Labor option 1 shall be null and void if the desig- Statistics. Adjustments of pension payments will Hated beneficiary dies before the member's be made on October 1 of each year reflecting the benefit payments commence. change in the consumer price index over the twelve-month period ending three (3) months (2) Option 2-Ten (YO) years certain and life before that date. The maximum increase or de- annuity. The member may elect to receive a crease in the member's pension benefit for any benefit, which has been adjusted to the one (1) year is three (3) percent. However, the actuarial equivalent of the normal form of member's pension benefit can never be reduced benefit, with one hundred twenty (120) below the amount the member received at date of monthly payments guaranteed. If the mem- retirement. Such adjustments shall apply to each ~ ber should die before the one hundred retirement, survivor or disability benefit in pay twenty (120) monthly payments are made, status as of each October 1. payments are then continued to his desig- (h) Limitation on benefits. In no event may a Hated beneficiary until one hundred twenty member's annual benefit exceed the limitations of (120) payments in all have been made, at Internal Revenue Code Section 415 as such pro- which time benefits cease. After expiration visions apply to governmental pension plans. The of the one hundred twenty (120) monthly provisions of Internal Revenue Code Section 415 guaranteed payments, should the retired that apply to governmental pension plans are member be then alive, payments shall be hereby incorporated into this plan by reference. continued during his remaining lifetime. (Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, (3) Option 3-Social security adjustment op- 11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No. Lion. If a member retires before being eligi- 6-95, § 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95) ble for social security benefits, he may elect p t Supp. No. 11 154 ADMINISTRATION § 2-163 this option. A member may elect to receive specified in this plan,. the amount of em- a larger pension up to the date he begins ployee contributions "picked-up" or paid receiving social security benefits. The by the village will. be added to the amount member's pension benefits may be re- distributed on a current basis in order to duced or terminated after social security determine total wages, salary, pay or com- payments begin. The amount of reduction pensation. In the event that the employer shall be actuarially determined. agrees to assume and pay member contri- (4) Option 4-Other. In lieu of the other op- butions in lieu of direct contributions by tional forms enumerated in this section, the member, such contributions shall ac- benefits may be paid in any form ap- cordingly be paid into the plan on behalf proved by the board so long as actuarial of the members. No member subject to equivalence with the benefits otherwise such agreement shall have the option of payable is maintained. choosing to receive the contributed amounts (Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4, directly instead of having them paid by 2-13-92) the employer directly to the plan. All such contributions by the employer shall be Sec. 2-163. Contributions. deemed and considered as part of the member's accumulated contributions and (a) Member contributions. subject to all provisions of this plan. per- (t) Amount. Members of the plan shall make taining to accumulated contributions of regular contributions to the fund at a rate members. The intent of this language is to equal to two (2) percent of their respective comply with section 414(h)(2) of the Inter- nal Revenue Code. earnings. (2) Duration. The village shall pick-up, rather (3) Interest.. Interest shall be credited to mem- than deduct from each member's pay, be- ber contributions as of September 30 of ginning with the date of employment, two each year at a rate equal to the change in (2) percent of the member's basic compen- the consumer price index, published by sation. The monies so picked-up shall be the U.S. Bureau of Labor Statistics, over deposited in the fund on a monthly basis. the twelve-month period ending on the An account record shall be maintained previous June 30. The maximum rate for 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 benefits payable remain in the fund unless withdrawn as under this plan are in lieu of a refund of provided in the plan. No member shall accumulated contributions. In any event, have the option to choose to receive the however, each member shall be guaran- contributed amounts directly instead of teed the payment of benefits on his behalf having them paid by the village directly to at least equal in total amount to his the plan. All such pick-up contributions accumulated contributions. by the village shall be deemed and be considered as part of the member's accu- (b) State contributions. Any monies received or mulcted contributions and subject to all receivable by reason of the laws of the State of provisions of the plan pertaining to accu- Florida for the express purpose of funding and mulcted contributions of members. The paying for the benefits of police officers or firefight- intent of this provision is to comply with ers shall be deposited in the fund within the time Section 414(h)(2} of the Internal Revenue prescribed by law. Such monies shall be for the Code. For paying Social Security taxes, sole and exclusive use of members or maybe used and for such other purposes except as to pay extra benefits for members. Supp. No. 17 155 7 § 2-163 NORTH PALM BEACH CODE (c) Employer contributions. So long as this shall have the same rights as each of the other plan is in effect, the employer shall -make contri- four (4) .members appointed or elected as herein butions to the fund in an amount at least equal to provided. The trustees shall by majority vote elect the difference in each year as between the aggre- from its members a chairman and a secretary gate member and state contributions for the year The secretary of the board shall keep a complete and the total cost for the year as shown by the minute -book of the actions, proceedings, or hear- most recent actuarial valuation report for the ings of the board. The trustees shall not receive system. The total cost for any year shall be any compensation as such, but may receive ex- defined as the total of normal cost plus the penses and per diem as provided by law. additional. amount sufficient to amortize the un- (b) Forfeiture of membership on board for ab- funded actuarial liability in accordance with ap- senteeism. In the event a member of the board plicable laws of the State of Florida. The employer's shall fail to attend three (3) consecutive regular contribution shall be deposited on at least a meetings of the board, such member shall be quarterly basis. deemed to forfeit membership on the board and (d) Forfeitures. Any forfeitures arising shall be shall, at the conclusion of the third such meeting, applied to reduce future contributions to the plan. no longer be a member of the board. Such indi- No forfeited amount shall be applied to change vidual shall not thereafter be eligible for reap- benefit amounts for members. pointment or election to the board for a period of (Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, two (2) years. Any absence maybe excused by the 12-11-86; Ord. No. 1-92, § 5, 2-13-92; Ord. No. board upon a showing that there existed justifi- 30-95, § 4, 10-12-95; Ord. No. 29-96, § 1, 7-25-96) able reasons for the absence. ~ (c) Report and records. The secretary of the Sec. 2164. Board of trustees--Generally. board shall keep, or cause to be kept in convenient (a) Composition. The board of trustees shall form, such data as shall be necessary for an consist of five (5) members: four (4) of whom shall actuarial valuation of the assets and liabilities of be elected by a majority of the members. of the the system. The fiscal year for the keeping of plan. Two (2) of the elected members .shall be records and rendering reports shall be from Octo- certified firefighters of the village, and two (2) ber 1 through September 30. shall be certified police officers of the village. The (d) Board meetings. The board shall meet at fifth member of the board shall be a legal resident least quarterly each year. At any meeting of the of the village and shall be appointed by the village board, three (3) trustees shall constitute aquo- council. Each of the elected board members shall ~Y and all acts and decisions shall be by at be appointed for a period of two (2) years, unless least three (3) members of the board; however, no he sooner leaves the employment of the village or trustee -shall take part in any action in connection forfeits membership on the board, whereupon a .with his or her own participation in the plan, and successor shall be elected by a majority of the no unfair discrimination shall be shown to any members of the plan.. Each of the elected board individual participating in the plan. members may succeed himself in office. The res- (e) Power to bring and defend lawsuits. The ident member shall be a trustee for a term of two board shall be a legal entity with, in addition to (2) years unless he forfeits membership on the ather powers and responsibilities contained herein, board and he may succeed himself in office. The the power to bring and defend lawsuits of every resident member shall be appointed by the village kind, nature and description. The board shall be council for a term commencing October 1, 1998, independent of the village to the extent required and expiringAprii 30, 1999. The resident member to accomplish the intent, requirements, and re- shall be appointed by the village council for a two sponsibilities provided for in this article and ap- (2) year term commencing May 1, 1999, and on plicable law. the first day of May of each .second year thereaf- (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1, ter. The resident member shall hold office at the 9-10-87; Ord. No. 1-92, § 6, 2-13-92; Ord. No. pleasure of the village council. The fifth member 22-98, § 1, 9-24-98) Supp. No. 17 156 ADMINISTRATION § 2-166 Sec. 2-165. Reserved. investments in equities at cost Editor's note~Section 7 of Ord. No. 1-92, adopted Feb. exceed fifty (50) percent of the 13, 1992, repealed former § 2-165, relative to additional rules pension fund's assets. and regulations, which derived from Ord. No. 9-82, § 7, (2) TO issue drafts upon the pension fund adopted June 10, 19s2. pursuant to this article and rules and regulations prescribed by the board. All Sec. 2-166. Same®Power and authority. such drafts shall be consecutively num- bered, be signed by the chairman and The board shall be the administrator of the. secretary or their designee, and state upon system and, as such, it shall be solely responsible their faces the purpose for which the for administering the pension fund. The board drafts are drawn. The village finance di- shall have the power and authority: rector or other depository of the village (1) To invest and reinvest the assets of the shall retain such drafts when paid, as pension fund in: permanent vouchers for disbursements made, and no money shall be otherwise a. Time or savings accounts of a na- drawn from the pension fund. tional bank, a state bank insured by (3) To finally decide alI claims to relief under the Federal Deposit Insurance Cor- this article and under the board's rules poration, or a savings, building and and. regulations.. loan association insured by the Fed- eral Deposit Insurance Corporation. (4) To convert into cash anY securities of the pension fund. b. Obligations of the United States or obligations guaranteed as to princi- (5) To keep a complete record of all receipts pal and interest by the Government and disbursements and of the board's acts of the United States. and proceedings. c. Bonds, stocks, or any other evi- (6) To recommend an increase or decrease in dences of indebtedness issued or guar- the benefits payable hereunder, through anteed by a corporation organized the adaption of an amendment to this under the laws of the United States, article, but provided such action is based any state or organized territory of on an actuarial review by an enrolled the United States, or the District of actuary who is a member of the Society of Actuaries. Columbia, provided: 1. The corporation is listed on any (7) To retain, at least once every three (3) one (1) or more of the recog- Years, an independent consultant profes- nized national stock exchanges sionally qualified to evaluate the perfor- mance of professional money managers. and holds a rating in one of the The independent consultant shall make three (3) highest classifications recommendations to the board regarding by a major rating service; and the selection of money managers for the 2. The board shall not invest more next investment term. These recommen- than five (5} percent of its as- dations shall be considered by the board sets in the common stock or at its next regularly scheduled meeting. capital stock of any one (1) is- The date, time, place and subject of this suing company, nor shall the meeting shall be advertised in a newspa- aggregateinvestment in any one per of general circulation in the munici- (1) issuing company exceed five pality at least ten (10) days prior to the (5) percent of the outstanding date of the hearing. capital stock of that company, (Ord. No. 9-82, § 8, 6-10-82; Ord. No. 12-85, 1, nor shall the aggregate of its 2, 7-11-85; Ord. No. 1-92, § 8, 2-13-92) Supp. No. 17 156.1 1 § 2-167 NORTH PALM BEACH CODE Sec. 2-167. Tax on insurers. who would in the future be entitled to receive (a) There is hereby levied and imposed an benefits under one (1) of the options provided for excise tax upon every insurance company, corpo- m this plan who are designated by any of said ration or other insurer insuring loss against fire, members. In the event of repeal, or if contribu- tornado or windstorm or engaged in the business tions to the plan are discontinued, there shall be of casualty insurance. Such excise tax shall be in full vesting one hundred (100) percent of benefits an amount -equal to the rate specified in Chapter accrued to date of repeal and the assets of the 175, Florida Statutes, multiplied by the gross Plan shall be allocated in an equitable manner to receipts of premiums from holders of insurance Provide benefits on a proportionate basis to the policies of fire and windstorm insurance, and the Persons so entitled to benefits in accordance with rate specified in Chapter 185, Florida Statutes, the provisions hereof. multiplied by the gross receipts of premiums from (c) The following shall be the order of priority holders of insurance policies of casualty insur- for purposes of allocating the assets of the plan ante. All such policies shall be upon property within the corporate limits of the village. Such excise tax shall be in addition to any and all excise taxes or license now levied or required by the village. (b) The proceeds of monies received under this excise tax shall be received annually from the State of Florida by the village and shall be depos- ited to the pension fund no more than five {5) days after receipt. (Ord. No. 1-92, 9, 10, 2-13-92) Editor's note-Section 9 of Ord. No. 1-92, adopted Feb. / 13, 1992, repealed former § 2-167, and § 10 of the ordinance enacted a new § 2-167 in lieu thereof. The repealed provisions pertained to oaths of office, meetings and quorums of the board, and derived from Ord. No. 9-82, § 9, adopted June 10, 1982. Sec. 2-168. Repeal or termination of plan. (a) This plan and subsequent amendments per- taining tosaid plan, maybe modified, terminated, or .amended, in whole or in part by the employer; provided that if this plan shall be amended or repealed in its application to any person benefit- ing hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the member or ben- eficiary shall not be affected thereby, except to the extent that the assets of the fund may be deter- mined to be inadequate. (b) If this plan shall be repealed, or if contri- butions to the plan are discontinued, the board shall continue to administer the plan in accor- dancewith the provisions of this plan, for the sole benefit of the then members, beneficiaries then receiving retirement allowances, and any persons Supp. No. 17 156.2 ADMINISTRATION § 2-170 upon repeal of this plan or if contributions to the Sec. 2-169. Miscellaneous. plan are discontinued: (a) Discharged members. Members entitled to (1) Members already retired under the retire- a pension shall not forfeit the same upon dis- ment provisions of the plan and those eli- missal from the employer, but shall be retired as Bible for normal or early retirement but not herein described. actually retired, and their beneficiaries, in (b) Non-assignability. No benefit provided for proportion to and to the extent of the then ~ herein shall be pledgable, assignable or subject to actuarially determined present value of the garnishment for debt or for other legal process. benefits payable. If any funds remain, then (2) Members who have at least ten (10) years (c) Pension validity. The board of trustees shall of credited service, in proportion to and to have the power to examine into the facts upon the extent of the then actuarially deter- which any pension shall heretofore have been mined present value of their accrued ben- granted under any prior or existing law, or shall efits. If any funds remain, then hereafter be granted or obtained erroneously, fraudulently, or illegally for any reason. The board (3) -The accumulated contributions of the ac- is empowered to purge the pension roll of any tive members less any benefits received, person theretofore granted a pension under prior and less amounts apportioned in (2) and (3) or existing law or hereafter granted under this above, in proportion to and to the extent of plan if the same is found to be erroneous, fraud- the then amount of such accumulated con- ulent or illegal for any reason; and to reclassify tributions. If any funds remain, then any pensioner who has heretofore under any prior (4) All other members whose present value of or existing law or who shall hereafter under this accrued benefits have not been covered in a Plan be erroneously, improperly or illegally clas- previous category in the same manner as in sified. (2). (d) Incompetents. If any member or beneficiary (d) After all the vested and accrued benefits. is a minor or is, in the judgment of the board,. provided hereunder have been paid and after all otherwise incapable of personally receiving and other liabilities have been satisfied, then and only ~~g a valid receipt for any payment due him then shall any remaining funds revert to the under the plan, the board may, unless and until general fund of the village, less return of state's claims shall have been made by a duly appointed contributions to the state, provided that, if the guardian or committee of such person, make such excess is less than the total contributions made by Payment or any part thereof to such person s the village and the state to date of termination of spouse, children, trust or other person deemed by the plan, such, excess shall be divided proportion- the board to have incurred expenses or assumed ately to the total contributions made by the vil- responsibility for the expenses of such person. lage and the state. Any payment so made shall be a complete dis- charge of any liability under the plan for such (e) The allocation of the fund provided for in payment. this subsection may, as decided by the board, be carried out through the purchase of insurance (e) Number and gender. When appropriate the company contracts to provide the benefits deter- singular in this plan shall include the plural and mined in accordance with this subsection. The vice versa, and the masculine shall include the fund may be -distributed in one (1) sum to the feminine and vice versa. persons entitled to such benefits or the distribu- (Ord. No. 9-82, § 11, 6-10-82; Ord. No. 1-92, § 12, tion may be carried out in such other equitable 2-13-92) manner as the board may direct. The trust maybe continued in existence for purposes of subsequent Sec. 2-170. Direct transfers of eligible distributions. rollover distribution.. (Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-82, § 2, (1) General. This section applies to distribu- 11-18-82; Ord. No. 1-92, § 11, 2-13-92) tions made on or after January 1, 1993. Notwith- Supp. No. 10 157 § 2-170 NORTH PALM BEACH CODE ~ standing any provision of the system to the con- (E) Direct rollover: A ,direct rollover is a pay- trary that would .otherwise limit a distributee's meat by the plan to the eligible retirement election under this section, a distributee may plan specified by the distributee. elect, at the-time and in the manner prescribed by (Ord. No. 15-95, § 1, 5-11-95) the board, to have any portion of an eligible retirement plan specified by the dstributee in a DIVISION 5. LENGTH OF SERVICE AWARD direct rollover. PLAN FOR VOLUNTEER FIREFIGHTERS* (2) Definitions. Sec. 2-170.03. Purpose. (A) The term "Code" used herein refers to the Internal Revenue Code of the United States. The purpose of this plan is to award and pro- - vide retirement income for active members of the (B) Eligible rollover distribution: An eligible volunteer firefighters of the village in recognition rollover .distribution is any distribution of of their years of dedicated community service. all or any portion of the balance to the (Ord. lVo. 16-91, § 1, 4-11-91) credit of the distributee, except that an eligible rollover distribution .does not in- Sec. 2-170.1. Name of sponsor. elude: -any distribution that is one of a series of substantially equal periodic pay- The name of the sponsor shall be the Village of ments (not less frequently than annually) North Palm Beach. :made for the .life (or life expectancy) of the {Ord. No. 16-91, § 2, 4-11-91) distributee or the joint lives {or joint -life expectancies of the distributee and the Sec. 2-170.2. Name of ,plan. distributee's designated beneficiary, or for The name of the plan shall be "length of service a specified period often (10) years or more; award plan for volunteer firefighters." any distribution to the extent such .distri- (Ord. No. 16-91, § 3, 4-11,91) bution is required under Section 401(x)(9) of the Code; and the portion of any distri- .Sec. 2-170.3. Effective date of plan. bution that is not includable in gross in- come. The effective date of the plan shall be May 1, (C) Eligible retirement plan: An eligible retire- 1990. meat plan is an individual retirement ac- (Ord. No. 16-91, 4, 4-11-91) count described in Section 408(x) of the Code, an individual retirement annuity de- Sec. 2-170.4. Eligibility to enter plan. scribed in Section 408(b) of the Code, an Members, as defined herein, :means volunteer . annuity plan described in Section 403(x) of firefighters duly recognized and enrolled as voi- the Code, or a qualified trust described in unteer firefighters with the village. All members Section 401(x) of the Code, that accepts the must meet each of the following requirements distrbutee's eligible rollover distribution. before participating in the plan: • However, in the case of an eligible rollover distribution to the surviving spouse, an (1) Minimum age, eighteen (18). eligible retirement plan is an individual {2) Maximum :age, sixty (60). retirement account or .individual retire- ment annuity. {3) Completed one (1) year of active service with the sponsor. (D) Distrbutee: A distributee includes an em- ployee or former employee. In .addition, the *Editor's note-Ordinance Na 16-91, adopted April 11, employee's or former employee's Surviving 1991, did nonspecifically amend this Code; hence, inclusion of s Ouse is a dstributee with re and to the i-12 as Art. v, Div 5, 2-170.01-2-170.11, was at the P discretion of the editor. L interest Of 'the Spouse. Cross reference-Fire division, § 12-29 et seq. Supp. No. 10 158 BOATS, DOCKS AND WATERWAYS § 5-83 Sec. 5-~2. Generally. ment shall conform to AWPB MPI, MP2 or MP4. Pile cutoff shall be (a) Docks, piers and other approved structures treated in accordance with AWPA shall be owned and constructed only by upland M4. landowner. d. All piling are to be set a maximum of (b) Boat davits and other boat-lifting devices ten (10) feet on center for timber shall require a building permit. deck construction. (c) Docks, -piers and other waterside structures (2) Stringers and bracing. Stringers and brac- shall require a building permit. ing, if lumber, shall be a minimum two- . (Code 1970, § 11-33; Ord. No. 3-71, § 2) inch by eight-inch. Sec. 5-53. 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- (4) Fasteners. Bring to be constructed over a dock or pier shall 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 b. Stringers and braces shall be fas- or pier shall be placed at a minimum of three and tened with minimum one-half inch five-tenths (3.5) feet above mean sea level. The bolts.. steps from the ground or bulkhead cap shall not exceed seven (7) inches for each step. (5) Dock lumber. All dock lumber shall be pressure treated or equal. (c) Waue break. The bottom wave breaking stringer shall not extend below mean low water. (6) Concrete strength. All concrete shall be a minimum strength of thirty-five hundred (d) Floating docks. Free-standing piling for (3,500) psi in twenty-eight (28) days. floating docks shall be a minimum schedule 40, (7) Blocks. If dock is to be supported by a six-inch diameter, pea rock concrete filled steel bulkhead, four-inch by four-inch blocks or pipe or six-inch plastic pipe filled with pea rock equal shall be bolted to bulkhead wall; concrete and two (2) equally spaced number four stringer shall be bolted to four-inch by reinforcing bars, suitably tied. Attaching rings four-inch blocks. shall be steel or chain. Smaller piling may be allowed when properly structurally designed. (f) Structural equivalents permitted. Docks and (e) Construction material. Construction mate- Piers of other design and material maybe permit- rial for piers and docks shall meet the following ted when structurally equivalent to the above. requirements: (g) Commercial docks and piers. All commer- (1) Piling. cial docks and piers are to be designed by a a. Minimum bottom penetration is to Florida registered professional engineer. be six (6) feet. (h) Fixed, reinforced concrete construction re- b. Concrete piling is to be minimum quired in certain cases. All docks and piers to be eight-inch by eight-inch or eight- constructed in Lake Worth and the Atlantic Ocean inch diameter reinforced with four shall be of reinforced concrete construction and be (4) number five (5) rods with number fixed docks and piers. two (2) hoops eight (8) inches on center. (i) Dolphins and tie poles. c. Wood piling is to be minimum ten- (1) Bottom penetration is to be a minimum of inch butt diameter and the treat- six (6) feet. Supp. No. 17 329 i § 5-83 NORTH PALM BEACH CODE (2) Materials and construction are to be the water, docks shall not be placed within same as dock and pier pilings. five (5) feet of the side property line ex- tended. (j) Commercial marinas. All fixed docks and i piers to be constructed in commercial marinas (3) In regard to construction waterside of any shall be concrete or equal. lot having greater than fifty-foot frontage on the water, docks shall not be placed (k) Batter piles. within ten (10) feet of the side property line extended. (1) Batter piles are to be designed by a Flor- ida registered professional engineer. {4) Dead end lagoon. In regard to construe- tion waterside of any platted lot at the (2) Batter piles are to be constructed of pre- dead end of a lagoon, a -dock or a pier may stressed concrete. be placed zero (0) feet from the side prop- ~I (3) A building permit shall be required prior erty line extended when all the following to construction for all batter piles. requirements are complied with: (4) Batter piles shall be installed only under a. The lot/lots shall be in a R-1 Single the following conditions: Family Dwelling District. a. Obstructions prevent use of stan- b. Building permits shall be obtained lard tiebacks and anchors to rein- as required by section 5-82 of this force bulkheads.. chapter. b. Existing bulkhead has failed or is in c. At least one (1) lot shall have less danger of failing. than seventy-five (75) feet frontage c. Not to be used in the construction of on the water. new bulkheads. d. A dock or pier, but not both, shall be ~ constructed at the same time on both (5) Base of batter pile shall extend amaxi- sides of the common property line in mum of five (5) feet from the waterside question. The dock or pier on a lot face of the bulkhead. shall be structurally independent of (Code 1970, § 1i-34; Ord. No. 4-74, § 1; Ord. No. the dock or pier on the adjacent lot. 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 Worth and Atlantic Ocean. (6) Piers not exceeding six (6) feet in width may extend waterside a maximum of fif- All docks or other approved structures to be teen (15) feet in lagoons, twenty (20) feet constructed waterside of bulkheads or land in the in the North Palm Beach Waterway and lagoons, waterways or other bodies of water in the Prosperity Harbor, twenty-five (25) feet in village, other than the waters of Lake Worth .and West Lake and North Lake and not more the Atlantic Ocean, shall be constructed in actor- than twenty-five (25) percent of the wa- dance with the following requirements and regu- terway width of the Earman River; pro- lations: vided however, that, a pier may extend (1) Prior to a permit being issued by the waterside a maximum of fifty-five (55) village, a permit shall be obtained -from feet when connected with a commercial such other authority that has a vested marina operation in a commercial zoned piece of property so long as said construc- interest in the waterway. tion leaves a minimum clear water dis- (2) In regard to construction waterside of any tance of forty (40) feet between the pier ~ lot having fifty-foot or less frontage on the and any opposite bulkhead or water strut- % Supp. No. 17 330 BOATS, DOCKS AND WATERWAYS § 5-85 ture which may be constructed in actor- land of the village in Lake Worth, or the mean dance with this chapter. Piers located in low-water mark of the Atlantic Ocean, shall meet the Earman River may be constructed the following regulations and requirements: with "L" or "T" heads provided the maxi- mum allowable length waterside is re- (1) The design of any pier to be constructed duced by twelve (12) feet. No pier shall be -under the provisions of this division shall located closer to the side property line be performed by an engineer registered in extended than its extension waterside. the state, and detailed construction draw- (l) In lagoons, dolphin poles, wave breaks, ings shall be submitted bearing the certi- mooring posts, mooring buoys or floating fication and seal of such engineer. anchors shall be placed. a maximum of (2) Prior to a permit being issued by the twenty (20) feet from the face of the bulk- village, a permit shall be obtained from head or the shore. Wave breaks shall be such other authority that has a vested allowed only at lagoon entrances opening interest in the waterways. Nothing con- into Lake Worth. tained in this division shall be construed (8) In the North Palm Beach Waterway and to affect the rights or obligations con- ProsperityHarbor, dolphin poles, mooring netted with spoil areas located in Lake posts, mooring buoys or floating anchors Worth within one hundred (100) feet shall be placed a maximum of thirty (30) lakeward of the bulkhead line referred to feet from the face of the bulkhead or the above and the granting of a permit by the shore. village does not release the applicant from (9) In the Earman River, dolphin poles, wave personally determining what, if any, ef- breaks, mooring posts, mooring buoys or 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 (3) No pier shall extend beyond a line fifty shore. Wave breaks shall be allowed only (50) feet waterside from. and parallel to at the entrance to Lake Worth. 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 (11) Dolphin or mooring post location shall be shall not exceed twenty-two (22) feet in inside the side property line extended and length and shall be a maximum of six (6) shall be determined by the building de- feet and a minimum of three (3) feet in partment. width. (12) In no instance shall any structure extend (6) No point on any pier shall be closer than more than twenty-five (25) percent of the twenty (20) feet to either side property width of the water. line projected along a line parallel to the (Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No. pier center line or closer than forty (40) 6-73, § 1; Ord. No. 36-95, 1, 2, 12-14-95; Ord. feet to any part of another pier. No. 28-98, 1-3, 12-10-98) (7) All piers and docks shall be constructed Sec. 5-85. Regulations governing construc- with all major components including pil- tion in Fake Worth and Atlantic ing, beams, decks, etc., constructed of Ocean. reinforced concrete. Piers shall have a All piers, docks or other approved structures to maximum width of ten (10) feet, and. a be constructed waterside of the bulkhead line or minimum width of six (6) feet. Supp. No. 17 331 II I § 5-85 NORTH PALM BEACH CODE (8) Dolphins or mooring posts may be in- the land, structure, or building in- stalled adjacent to piers, with location to volved and which are not applicable be determined by the building depart- to other lands, structures, or build- ~ went. ings in the same zoning district; (9) In regard to construction waterside of any " 2. That the special conditions and cir- lot having fifty (50) feet or less frontage on cumstances do not result from the the water, docks shall not be placed within actions of the applicant; five (5) feet of the side property line ex- " 3. That granting the variance requested tended. will not confer on the applicant any (10) In regard to construction waterside of any special privilege that is denied by lot having greater than fifty (50) feet this ordinance to other lands, build- frontage on the water, docks shall not be ings, or structures in the same zon- placed within ten (10) feet of the side ing district; property line extended. "4. That literal interpretation of the pro- (11) Freestanding wave breaks shall not be visions of the ordinance would de- permitted. prive the applicant of the rights com- (12) Mooring buoys and floating anchors shall monly enjoyed by other properties in be placed a maximum of seventy (70) feet the same zoning district under the from the face of the bulkhead or the shore. terms of the ordinance and would (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. work unnecessary and undue hard- 35-90, 7, 8, 9-27-90; Ord. No. 13-98, § 2, .ship on the applicant; 5-14-98; Ord. No. 11-99, § 3, 2-11-99) "5. That the variance granted is the minimum variance that will make Sec. 5-86. Variances. i possible the reasonable use of the The board of adjustment created and described land, building or structures; in section 21-21 of this Code shall have the power to .authorize upon .appeal such variance from the "6.. That the grant of the variance will terms of section 5-85(3) as will not be contrary to be in harmony with the general in- the public interest when, owing to special condi- tent and purpose of the ordinance tions, a literal enforcement of the provisions of and that such variance will not be those sections of the village Code as they pertain injurious to the area involved or oth- to properties located on Lake Worth will result in erwise detrimental to the public wel- unnecessary and undue hardship. In order to fare. authorize any variance from the terms of those "(b) In granting any variance, the board of sections of the village Code, the board of adjust- adjustment may prescribe appropriate con- ment must find the factors set forth in F.S. section ditions and safeguards in conformity with 163.225(3)(a), (b), (c): this part and any ordinance enacted un- "(3) (a) To authorize upon appeal such vari- der its authority. Violation of such condi- - ante from the terms of the ordinance as tions and safeguards, when made a part will not be contrary to the public interest of the terms under which the variance is when, owing to special conditions, alit- granted, shall be deemed a violation of eral enforcement of the provisions of the the ordinance. ' ordinance would result in unnecessary "(c) The board of adjustment may prescribe a and undue hardship. In order to authorize reasonable time limit within which the any variance from the terms of the ordi- action for which the variance is required nance, the board of adjustment must find: shall be begun or completed or both." "1. That special conditions and circum- (Ord. No. 1-82, § 1, 1-28-82; Ord. No. 28-98, § 4, stances exist which are peculiar to 12-10-98) Supp. No. 17 332 BOATS, DOCKS AND WATERWAYS § 5-101 Secs. 5-~7-5-92. Reserved. sion of the village council. Erosion control struc- tures may be constructed by upland landowners DIVISION 5. EROSION CONTROL under the supervision of the building official of STRUCTURES* the village. All erosion control structures shall meet the minimum design requirements set forth Sec. 5-93. Definition. in this chapter, including permits, fees, surety bonds, minimum design requirements and other As used in this division, "erosion control strut- regulations. tures" shall mean seawalls and/or groins designed (Code 1970, § 11-40; Ord. No. 4-74, § 2) to control and prevent erosion of existing land masses which lie outside established bulkhead Secs. 5-97-5-100. Reserved. lines or property lines in waterways, lakes, rivers, lagoons or other bodies of water in the village. (Code 1970, § 11-40; Ord. No. 4-74, § 2) ARTICLE IV 1VIAIZINE SANCTUARIESI' Cross reference-Rules of construction and definitions generally, § 1-2. Sec. 5-101. Designation of waters as marine sanctuaries. Sec. 5-94. When permitted. Erosion control structures shall be permitted (a) Definition. Marine sanctuary is defined as to be constructed in the village only where land those areas within the village where. the tide ebbs masses exist waterwayd of any property line or and flows including, but not limited to, Lake bulkhead line in the village and within therights- Worth, the Intracoastal Waterway and. other wa- of-way of any waterway, lake, river, lagoon or ter areas throughout the village which under other body of water in the village other than the normal circumstances support vegetation typi- Atlantic Ocean. Erosion control structures shall tally adapted for life in the water and for the be permitted when the village engineer and vil- preservation and growth of fish breeding, recre- lage council determine that such structure is ation and aesthetic areas. necessary to prevent a land mass as described (b) Areas designated. The village nominates all above from eroding into the adjacent body of water areas within its corporate limits, and, in water. particular, Lake Worth and. the Intracoastal Wa- (Code 1970, § 11-40; Ord. No. 4-74, § 2) terway, to be designated as "a marine and wildlife sanctuary" as provided for under Title III of the Sec. 5-95. Construction. Marine Protection, Research and Sanctuaries Act Construction plans and location of erosion con- of 1972. The village clerk is hereby directed to trol structures shall be prepared by a Florida request the secretary of commerce to so designate registered engineer and be approved by the vil- those portions of North Palm Beach to be marine lage engineer. Prior to a permit being issued, sanctuaries. permits shall also be obtained from any other (c) Area to be regulated. The village hereby authority having a legal interest in the waterway, declares the waters of Lake Worth and the lake, river, lagoon or other body of water involved. Intracoastal Waterway within its municipal bound- (Code 1970, § 11-40; Ord. No. 4-74, § 2) aries to be a marine sanctuary in accordance with its findings that these waters support substantial Sec. 5-96. Control. fish breeding and are one of the last known fish Every erosion control structure shall be owned breeding areas in Lake Worth, and contain therein and maintained by the village and shall be al- i'Editor's note-Ordinance No. 18-79, § 1, adopted Sep- tered or removed under the authority and deci- tember 13, 1979, amended the Code by adding § 7-25. How- ever, for purposes of classification, the new provisions have *Cross reference-Coastal construction code, § 6-151 et been redesignated as Ch. 5, Art. IV, § 5-101, at the editor's seq. discretion. Supp. No. 17 333 Ii § 5-101 NORTH PALM BEACH CODE 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 i 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 be had. (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 ixi the village Code. (Ord. No. 18-79, § 1, 9-13-79) Crosa reference-Filling permits, 7-16-7-20. [The next page is 381} Supp. No. 17 334 BUILDINGS AND BUILDING REGULATIONS § 6-114 3. Is parked within thirty (30) feet (B) Sign types allowed. A temporary sign may of any street right-of--way. be a pole, ground or building wall sign, but may (24) Signs displaying copy that is harmful to not be an electric sign. minors as defined by this code. (25) Portable signs as defined by this code. (C) Removal of illegal temporary signs. Any temporary sign not complying with the require- (26) Marquee sign as defined by this code. ments of this section is illegal and subject to (27) Roof sign as defined by this code. .immediate removal by the village forces. (28) Changeable copy sign as defined by this (D) Restrictions on content of temporary signs. code. A temporary sign may display any message so Exceptions: long as it is not: a. Sign for public, charitable, and reli- (1) Harmful to minors as defined by this gious institutions. code. b. Motor vehicle service station signs; provided, however, that said signs (2) Advertising as defined by this code, ex- are: cept that advertising for the following purposes may be displayed: 1. Limited to a maximum of twenty (20) percent of the total sign a. To indicate that an owner, either area for said vehicle service sta- personally or through an agent, is tion. actively attempting to sell, rent or 2. Changeable copy is limited to lease the property on which the sign price offuel and the words "cash" is located. and "credit." b. To identify construction in progress. 3. The maximum height of change- Such message shall not be displayed able numbers shall be twelve more than sixty (60) days prior to (12) inches. the beginning of actual construction of the project, and shall be removed (29) Painted wall sign as defined by this code. when construction is completed. If a (30) Neon tube sign located inside or outside a - message is displayed pursuant to building and as defined by this code. 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. (33) Time-Temperature-Date Signs. c. To announce or advertise such tem- 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) public, charitable,. educational or re- Sec. 6114. Permitted temporary signs. ligious event or function. Such mes- (A) Where allowed. Temporary signs are al- sage shall be removed within two (2) lowed throughout the village, subject to the re- working days after the special event. strictions imposed by this section and other rele- Approval of the size and locations of want parts of this Code. Temporary signs do not the signs by the department of pub- require abuilding permit. lic services is required. Supp. No. 17 398.11 I` I i § 6-114 NORTH PALM BEACH CODE ~ V I d. Political sign. Nothing shall be con- (2) Letters depicting the nature of the busi- strued to regulate the content or ness and that are a maximum of fifty (50) internal design of a political sign. percent of the height of the letters in Such sign shall be removed not more paragraph (B)(1) of this section. ~ than seven (7) calendar days follow- ing the event advertised by the sign. (3) A logo symbol for the building or the building occupant which does not exceed (E) Permissible size, height and number of fifty (50) percent of the allowable sign it temporary signs, area. (1) One-family and two-family residences. A (4) Street address number and/or name. i parcel on which is located a single one- ~ (C) Permissible number, area, spacing and height i family or two-family residence may dis- II play not more than one temporary sign of permanent accessory signs. with a sign area of not more than five (5) (1) Ground signs: square feet. No sign shall exceed five (5) a. Multi-family buildings .with more feet in height. Front setback shall be ten than four (4) dwelling units. (10) feet and side setback shall be three Number -One (1) maximum. (3) feet. Sign Area -Maximum thirty-two (2) Multi-family residences. Aparcel on which (32) square feet. is located amulti-family residence may display not more than one (1) temporary Height -Eight (8) feet maximum. sign with a sign area of not more than Set back, Minimum -Ten (10) feet thirty-two (32) square feet. No individual front -three (3) feet side. sign shall exceed eight (8) feet in height. b. Commercial occupancy: I) Front setback shall be ten (10) feet and Number -One sign per parcel right- side setback shall be three (3) feet. of-way frontage maximum. (3) On all other parcels. All-other parcels may display not more than one (1) temporary Building Sign .Sign Sign Sign F¢ce sign with an aggregate sign area of not Setback Setb¢ek Height Face Area Minimum Minimum Maximum M¢ximum Maximum more than thirty-two (32) square feet. No sign shall exceed eight (8) feet in height. Any 5 ft. 8 ft. 45 sq. ft. 75 sq. ft. 25 ft. 5 ft, 8 ft. 45 sq. ft. 75 sq. ft. (4) All areas. Three (3) temporary political 50 ft. 15 ft. 10.5 ft. 45 sq. ft. 75 sq, ft. signs, each not exceeding five (5) square 70 ft. 20 ft. 13 ft. 60 sq. ft. 100 sq. ft. feet in sign area and not more than five 100 ft. 20 ft. 13 ft. 60 sq. ft. 100 sq. ft. (5) feet in height, may be displayed on a (2) Building wall signs: parcel. (Ord. No. 24-93, § 2, 10-14-93) a. Subject to the design criteria of this article, the maximum mounting Sec. 6-115. Permitted permanent accessory height of a building wall sign shall signs. be eighteen (18) feet, except that on (A) Sign types allowed. A permanent accessory a building of more than two (2) sto- sign may be a ground or building wall sign. Ties, a single building wall sign is allowed above eighteen (18}feet fac- (B} Content. A permanent accessory sign may ing each public street frontage. only display any combination of the following, b. Each multiple occupancy complex none of which may be harmful to minors as may display one (1) permanent ac- defined in this Code. cessory building wall identification (1) Letters depicting the name of the building sign facing each public street front- or the name of the building occupant. age on the principal building in which Supp. No. 17 398.12 BUILDINGS AND BUILDING REGULATIONS § 6-115 the complex is located, not to exceed street frontage and one-half (1/2) size a sign area of twenty (20) square wall sign facing the other street front- feet. ages. c. Each occupant of a multiple occu- pancy complex that has a licensed (D) Directional signs. One (1) parking area building frontage which has direct directional sign may be erected at each point of ground level walk-in access from a ingress and egress to a parking lot or parking public or private roadway or side- area. Such signs shall not exceed two (2) square walk may display one (1) permanent feet in background area nor exceed three (3) feet accessory building wall sign on any in height. Such signs shall not create a traffic or exterior portion of the complex that Pedestrian hazard. (See section 6-112(B)). is part of the occupant's unit (not including a common or jointly owned (E) ,Signs at entrances to residential deaelop- area), and that has a maximum sign ments. area of five (5) percent of the facade (1) Generally. A permanent accessory sign area if the front building setback is may be displayed at the entrance to resi- twenty-five (25) feet minimum, seven dential developments. (7) percent of the facade area if the (2) Restrictions. front building setback is seventy (70) feet minimum and ten (10) percent a. One (1) sign is permitted at only one of the facade area if the front build- (1) entrance into the development ing setback is one hundred (100) feet from each abutting street. The sign minimum. Exception: An occupant may be a single sign with two (2) that has building facade area facing faces of equal size or may be two (2) multiple public street frontages may single-faced structures of equal size have one (1) full size wall sign facing located on each side of the entrance. a public street frontage and aone- No face of the sign shall exceed thirty- half (1/z) size wall sign facing the ~'o (32) square feet in size, and may other street frontages. be illuminated in a steady light only.- d. Each occupant of a single occupancy b. When considering the placement of complex may display one (1) perms- such signs, the planning commission nent accessory wall sign on the prin- shall consider the location of public utilities, sidewalks and future street cipal building in which the occu- widening. pancy is located, not to exceed a sign area of five (5) percent of the facade c. The planning commission shall en- area if the front building setback is sure that such signs shall be main- twenty-five (25) feet minimum, seven tained perpetually by the developer, (7) percent of the facade area if the the owner of the sign, a pertinent front building setback is seventy (70) owners' association, or some other feet minimum and ten (10) percent person who is legally accountable of the facade area if the front build- under a maintenance arrangement. ing setback is one hundred feet (100) approved by the village council. If no accountable person accepts legal re- mimmum. sponsibility to maintain the signs Exception: An occupant that has and no other provision has been made building facade area facing multiple for the maintenance of them, the public street frontages may have one signs shall be removed by the devel- (1) full size wall sign facing a public oper or owner. Supp. No. 17 398.13 1 § 6-115 NORTH PALM BEACH CODE ~ (F) Flags. (I) Signs in P-Public Zoning District. I~ (1) Number. Not more than three (3) flags or (1) Type-On premise, wall and ground signs. insignias of governmental, religious, char- (2) Number-Such number as shall be per- itable, fraternal or other organizations witted by the village council, in its discre- may bepermanently displayed on any one tion, to assist in the administration and parcel of land. operation of the village and its various (2) Size. The maximum distance from top to governmental, recreation and proprietary bottom of any flag or flags shall be twenty operations. (20) percent of the total height ~f the flag (3) Size-HeighteLocation. Shall be no pole, or in the absence of a flag pole, greater than the signs allowed in adjacent twenty (20) percent of the distance from zoning districts. the top of the flag or insignia to the ground. The maximum height of a flag (4) Additional signs. The following additional pole shall be twenty (20) feet. signs are permitted: Locational and direc- {G) Utility signs. Public utility signs that iden- tional signs at outdoor public recreation tify the location of underground utility lines and park and sporting events which may in- facilities, high voltage lines and facilities, and elude advertising logo of the entity spon- other utility facilities and appurtenances are per- soring the activity or event being held on witted so long as they do not exceed three (3) feet publicly owned property, including, but in height, and so long as the sign face does not not limited to youth athletic associations, exceed one-half (i/a) square foot. organized team competitions, swimming meets, tennis tournaments and golf course (H) Street numbers. benches with direction and ball washing (1) Generally. Every building in the village facilities at each tee. shall have its street number so affixed to (J) Strings of white light bulbs. Strings of the building or the premises upon which white light bulbs may be permanently permitted the building is located that it is both to outline buildings and decorate trees on com- visible and legible from the public street. mercially developed property provided that such (2) Commercial buildings. Every commercial display does not interfere with neighboring land building with a wall facing an alley shall uses. A building permit is required. have each individual tenancy street num- (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 3, ber affixed to the building above or next to 8-11-94; Ord. IVo. 10-99, § 2, 2-11-99) the rear door serving each tenancy so that the number is both visible and legible Sec. 6-116. Measurement determinations. from the alley. The street numbers shall be reflective. (A) Facade area. The facade area shall be measured by determining the area within atwo- (3) Height-Color. All street numbers shall dimensional geometric figure coinciding with the be a minimum of three (3) inches in height edges of the walls, windows, doors, parapets, on residential buildings and a minimum marquees, and roof slopes of greater than forty- of six (6) inches on commercial buildings. five (45) degrees that form a side of a building or Maximum height of all street numbers unit. shall be eight. (8) inches. All street num- bers shall be a sharply contrasting color (B) Sign area. with the building. (1) Generally. The area of a sign shall be the (4) Maintenance. It shall be the duty of the area within the smallest square, rectan- owner of the building to maintain the gle, parallelogram, triangle, circle or semi- numbers on the building in good condi- circle, the sides of which touch the ex- tion. treme points or edges of the sign face. $upp. No. 1? 398.14 BUILDINGS AND BUILDING REGULATIONS § 6-117 (2) Special situations. supporting structure to the. top of the sign, or its frame or supporting structure, whichever is higher. (a) Where a sign is composed of letters (Ord. No. 24-93, § 2, 10-14-93) attached directly to a facade, win- dow, door, or marquee, and the let- Sec. 6-117. Design, construction, and Ioca- ters are not enclosed by a border or tion standards. trimming, the sign area shall be the area within the smallest rectangle, (A) Generally. All permanent signs must com- parallelogram, triangle, circle orsemi- ply with the following design, construction and circle, the sides of which touch the location standard. 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) 1Vumber of signs. (1) Generally. In general, the number of signs shall be the number of non-contiguous sign faces. Multiple non-contiguous sign faces maybe counted as a single sign if all the sign faces are included in the geomet- ric figure used for determining the sign area. (2) Special situations. (a) Where two (2) sign faces are placed back to back and are at no point more than three (3) feet apart, it shall be counted as one sign. (b) If a sign has four (4) faces arranged in a square, rectangle or diamond, it shall be counted as two (2) signs. (D) Sign height. The height of a sign shall be measured as the vertical distance from the fin- ished grade, excluding berms, at the base of the Supp. No. 17 398.14.1 APPENDD~ 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 3. Side yards. yard depth measured from the front prop- 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], (b) For structures in excess of two (2) both inclusive. stories 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 (c) For a distance of one (1) block on establishment, plus one (1) parking 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). F. Floor area regulations. E. Off-street parking 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- room shall have a minimum floor area of districts, respectively. 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 fifty (750) square feet; an additional one dwelling unit. 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. 18 2499 § 45-32 NORTH PALM BEACH CODE 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. nent 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. (Ord. No. 10-72, § 2; Ord. No. 4-73; Ord. No. 3. No manufacturing or production of 10-73, § 7, 9-13-73; Ord. No. 14-74; Ord. No. products for retail or wholesale will 14-76, § 1, 7-8-76; Ord. No. 22-82, 6, 7, 9, be permitted. 12-9-82; Ord. No. 9-87, § 1, 5-28-87; Ord. No. 17-90, § 4, 6-28-90; Ord. No. 23-90, § 3, 6-28-90; D. Building height regulations. No building or Ord. No. 27-99, § 5, 8-12-99) structure shall exceed two (2) stories or twenty five (25) feet. Sec. 45-32.1. CC Transitional commercial dlis- E. Building site area regulations: II trict. 1. Maximum lot coverage. Main and acces- A. General description. This residentiaUcom- sory buildings shall cover no more than mercial transitional district is to provide for the thirty-five (35) percent of the total lot development of low-intensity business offices and other complementary uses. The CC district shall area. serve as a transition between residential areas 2. Reserved. and intense commercial development. F. Yards. B. Uses permitted. The following uses are per- witted in the CC transitional commercial district: 1. Front yards. All buildings shall be con- structedfrom theAlternate A-I-Aright-of- 1. Financial institutions way to provide a front yard of not less 2. Professional offices than thirty (30) feet. All buildings shall be 3. Florists set back from the right-of--way of streets which intersect with Alternate A-I-A pro- 4. Clothing stores viding a yard of not less than twenty-five 5. Stationary [stationery] stores (25) feet. 6. Photo studios/camera shops 2. Side yards. All buildings shall be set back 7. Sporting goods stores from side lot lines so as to provide side yards of not less than fifteen (15) feet. 8. Gift shops 3. Rear yards. All buildings shall be set back 9. Candy shops from rear lot lines so as to provide a rear 10. Seamstress/tailor shop yard of not less than fifteen (15) feet. 11. Barber shops G. Off-street parking regulations. Off-street 12. Hair salons parking shall be provided the same as for the CA 13. Nail salons commercial district. 14. Instructional dance/music studios H. Off-street parking Zayout, construction and maintenance shall be the same as for the CA C. Conditions for permitted uses: commercial district. 1. All activities, sales and storage of (Ord. No. 31-97, § 1(Exhibit A), 7-10-97; Ord. No. goods must be conducted entirely 23-99, § 1, 6-10-99) Supp. No. 18 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 Seetion Section this Code Section this Code 1.01 27-31 ch. 185 2-167 1.01 et seq. 1-2 185.08 26-16 ch. 22F App. B, Art. II, § 203.012 26-51 36-10 203.012(5)(b) 26-51 ch. 39 App. C, § 45-2 ch. 205 Ch. 17, Art. II Ch. 50 2-181 205.043(2), 50.041 2-181 205,043(3) 17-24, 17-25 50.051 2-181 205.053 17-20 ch. 98 Ch. 10 205.192 17-22 ch. 101 10-7 210.03 17-33 161.55(1)(d) 6-156 ch. 212 26-53 161.041 6-153 ch. 252 Ch.B 161.053 6-154 253.125 7-].9 162.12(2) 2-180 280.02 2-4 ch. 163 12.5-1 316.008 Ch. 18 21-1 316.1955,316.1956 18-37 21-11 320.01(1) 14-37 21-43, 21-44 ch. 327 Ch. 5 App. B, Art. I, § 335.065 App. B, Art. IV, § 36-2, App. B, Art. I, 36-29.1 § 36-4 337.401(3) 28-3 App. B, Art. II, § 342.03 Ch. 5 36-16 ch. 373 19-200 App. B, Art. VI ch. 380 21-44 163.01 2-4 App. B, Art. II, § 163.161 et seq. 21-01 36-10 ch. 163.170, App. B, Art. II, § 380.04 21-103 §163.3164(17) 36-10 393 App. C, § 45-2 163.225(3Xa)--(c) 5-86 ch. 394 App. C, § 45-2 163.295 6-150 ch. 400 App. C, § 45-2 163.3161 et seq. Ch. 21, Art. II ch. 401 11.5-21 163.3177 21-44 ch. 402 App. C, § 45-2 163.3178 6-155 App. C, § 45-34.1 21-44 402.302(4), ch. 166 6-16 402.302(5) 17-33 Ch. 24 ch. 403 19-117 Ord. No. 2478 § 3 413.08 4-27(d) 166.021 Ch. 17, Art. II ch. 419 17-33 166.221 17-34 App. C, § 45-2 166.231 Ch. 26, Art. III ch. 472 App. B, Art. I, § ch. 170 21-2 36-6 170.01 Ch. 24 ch. 480 App. C, § 45-2 ch. 175 2-167 553.73 6-154 175..101 26-17 11-11 ch. 177 App. B, Art. I, § 553.73(2) 6-2 36-2 561.01 3-1 App. B, Art. II, § 561.01 et seq. Ch. 3 36-8 563.01 3-1 App. B, Art. II, § 564.01 3-1 36-15 565.01 3-1 App. B, Art. IV, § 633.35 2-159 36-27 ch. 650 Ch. 2, Art. V, Div. 2 Supp. No. 17 2819 NORTH PALM BEACH CODE Section Section this Code 2-136 650.02 2-136 ch. 760 App. C, § 45-2 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 [The next page is 2869] Supp. No. 17 2820 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 [The next page is 2933] Supp. No. 19 2887 i~ 1 I i 1 CODE INDEX Section Section PARKS, PLAYGROUNDSAND RECREATION PENSIONS AND RETIREMENT (Cont'dJ (Cont'dJ Buy-back of previous service........ 2-160(4) Speed of vehicles 20-5(4) Changes in designation of beneficiary 2-160(c) State motor vehicle laws 20-5(1) Conditions of eligibility............. 2-160(a) Trees Nonassignability 2-169(6) Climbing trees, etc 20-4 Number and gender 2-169(e) Use by public only 20-1 Optional forms of benefits............. 2-162 Pension validity 2-169(c) PENALTIES. See: FINES, FORFEITURES Repeal or termination of plan 2-168 AND OTHER PENALTIES Tax on insurers 2-167 Pension and certain other benefits for gen- PENSIONS AND RETIREMENT eral employees Length of service award plan for volunteer Benefit amounts and eligibility firefighters Direct transfers of eligible rollover Benefit formula 2-170.6 distribution 2-157 Contact person......... 2-170.10 Early retirement.................... 2-148(4) Effective date 2-170.3 Late retirement..................... 2-148(c) Eligibility 2-170.4 preretirement death 2-148(e) Entitlement age 2-170.5 Retirement benefit.................. 2-148(6) Plan, name of 2-170.2 Retirement date 2-148(a) Point system 2-170.11 preretirement death benefit........... 2-170.7 Termination of employment......... 2-148(fl Benefit plan, optional Purpose 2-170 Applicability to employees.......... 2-158(a) Sponsor, name of 2-170.1 Member contributions Trustee and contact person............ 2-170.10 Vesting provisions, schedule of 2-170.8 Amount 2-158(4)(1) Village contributions 2-170.9 Duration. 2-158(4)(2) Pension and certain other benefits for fire Guaranteed refund 2-158(4)(4) and police employees Interest 2-158(4)(3) Benefit amounts Retirement benefit 2-158(c) Cost of living 2-161(g) Retirement date 2-158(6) Disability retirement 2-161(e) Definitions........................... 2-146 Eazly retirement 2-161(6) Dischazged members 2-156(a) Formula 2-161(c) Incompetents 2-156(4) Limitation on 2-161(h) Membership Normal retirement benefit.......... 2-161(a) Application for membership 2-147(6) preretirement death 2-161(4) Change in designation of beneficiary 2-147(c) Termination benefits and vesting.... 2-161(fl Conditions of eligibility 2-147(a) Board of trustees Nonassignability 2-156(6) Bring and defend lawsuits Normal and optional forms of benefits . 2-149 Powers 2-164(e) Pension validity.........:............ 2-156(c) Composition 2-164(a) Repeal or termination of system....... 2-155 Forfeiture of membership on board Retirement board for absenteeism 2-164(6) Additional rules and regulations au- Meetings 2-164(4) thorized...................... 2-152 Power and authority 2-166 Established........................ 2-151 Reports and records 2-164(c) Investing funds; custodian of securi- Contributions ties 2-153 Employer 2-163(c) Oaths of office;. meetings; quorum 2-154 Forfeitures 2-163(4) Social security.......................... 2-136 et seq. Member 2-163(a) See: SOCIAL SECURITY State 2-163(6) Volunteer firefighters, length of service Definitions 2-159 award plan for. See herein: Length of Direct transfers of eligible rollover dis- Service Award Plan for Volunteer tribution 2-170 Firefighters Discharged members 2-169(a) Incompetents 2-169(4) PERMITS. See: LICENSES AND PERMITS Insurers, tax on 2-167 Membership PERSON Application for membership 2-160(6) Definitions and rules of construction 1-2 Supp. No. 17 2949 NORTH PALM BEACH CODE Section Section PIERS PLANNING AND DEVELOPMENT (Cont'd.) Docks and piers, construction require- Stormwater management.................. 21-61 et seq. ments re 5x81 et seq. See: STORMWATER MANAGEMENT See: BOATS, DOCKS AND WATER- Subdivision regulations 36-1 et seq. WAYS See: SUBDIVISIONS (Appendix B) Zoning regulations 45-1 et seq. PLANNING AND DEVELOPMENT See: ZONING {Appendix C) Appearance plan (Appendix A). See that subject PLANNING COMMISSION Archaeological site protection aegulations . 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) PLATS. See: SURVEYS, MAPS AND PLATS Decision of administrative official, ap- peals to board from 21-21(e) PLAYGROUNDS. See: PARKS, PLAY- Hearing of appeals 21-21(x) GROUNDS AND RECREATION Judicial review of decisions of board. 21-21(h) Membership; terms; alternate; com- PLUMBING CODE pensation 21-21(b) Standard codes adopted 6-17 Powers and duties 21-21{c) Stay of work and proceedings on ap- POLICE peal 21-21(f) Court cost _ Comprehensive plan Assessment of additional court. costs for Adoption . 21-O1 criminal justice education expendi- Filing fees and costs for changes tares : 1-9 Enactment and authority...... , 21-1(a) Department of public safety, provisions re Fee; application 21-1(c) police division 2-76(b) Jurisdiction . . . 21-1(b) See: PUBLIC SAFETY DEPARTMENT i Planning commission, advise of , . 21-1(d) Elections; policemen to be present at poll- Concurrency management ing place 10-77 Adequate public facilities available to Fire division, provisions re police assis- service development 21-45 Lance 12-43 Application . 21-42 Impersonating police officer 19-8 Definitions 21-44 Pension and certain other benefits for fire Intent and purpose and police employees 2-159 et seq. Comprehensive plan, implementa- See: PENSIONS AND RETIREMENT tion of 21-43(a) Reserve force Managementlmonitoring and regula- Application for membership 23-43 Cory program, establishment of 21-43(b) Compensation 23-50 Minimum requirements............ 21-43(c) Created; purpose..... 23-42 Management and monitoring program Director of public safety, appointment to Amendments to CIE and annual bud- serve by . 23-45 get, recommendations on 21-46{c) Oath required 23-47 Annual public facilities update report 21-46(b) Powers and duties 23-48 Generally 21-46(a) Reserve list to be maintained 23-44 Regulatory program Resignation 23-46 Exemptions . 21-47(b) Uniforms and insignia 23-49 Generally 21-47(a) Public facility adequacy, review to de- POLLUTION termine 21-47(c) Smoke, dust, odors, liquids, etc........... 19-9 Short title 21-41 Stormwater management provisions re pol- Filing fees and costs for voluntary annex- lutant loads 21-67 ation of land Waterways, pollution of 5-13 Enactment and authority 21-2(a) Wellfield protection Fees: application . 21-2(c) Regulation of business activities with Jurisdiction , 21-2(b) potential to contaminate land and Planning commission, advice of........ 21-2(d) water resources . 19-221 Stipp. No. 17 2950 CODE INDEX Section Section 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. 17 2950.1 II i t I