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Code of Ordinances Supplement 16 SUPPLEMENT NO. 16 September 1998 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 20-98, adopted August 27, 1998. See the Code Comparative Table for further information. Remove old pages Insert new pages xi-xv ~-xv Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 137-138.1 137-138.1 142.1-143 142.1-143 321-331 321-334 1237-1238.1 1237-1238.1 2485-2486.6 2485-2486.4 2503-2504.2 2503-2504.2 2885, 2886 2885, 2886 2937-2940 2937-2940.1 2943-2946 2943-2946.1 2949-2952 2949-2952.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com `t 1 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 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. 16 xi 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 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. 1. Generall 326 y Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div. 4. Docks and Piers 328 Div. 5. Erosion Control Structures 332 Art. IV. Marine Sanctuaries 333 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. N Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.16 Art. VII. Coastal Construction Code 398.16 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. 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. Administrative Board 562 Art. III. Finances 563 10. Elections 615 Art. I. In General 617 I Supp. No. 16 xii TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV. Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 11.5. Emergency Service 695 Art. I. In General 697 Art. II. Emergency Medical Services 697 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Fire Prevention Code 725 Art. III. Fire Division . 726 Div 1. Generally 726 Div. 2. Personnel 727 Div 3. Equipment 727 Div. 4. Reserved 728 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse 891 Div. 1. Generally 891 Div. 2. Garbage Collection and Disposal 891 Div 3. Abandoned, Inoperative and Junked Prop- erty 892 Art. III. Reserved 895 Art. IV. Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations 1051 Art. I. In General 1053 Art. II. Occupational Licenses 1054 Art. III. Businesses Located Outside Village Limits 1060 Art. N Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales . 1063 Supp. No. 16 xiii NORTH PALM BEACH CODE Chapter Page 17.5 Reserved 1121 18. Motor Vehicles and Traff'is 1171 Art. I. In General 1173 Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking 1174 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Reserved 1228 Art. III. Offenses Against Property 1228 Art. IV. Offenses Against Public Morals 1228 ' Art. V. Offenses Against Public Peace 1229 Art. VI. Noise Control 1229 ' Art. VII. Reserved 1235 Art. VIII. Weapons 1235 Art. IX. Water Shortage Emergencies 1236 Art. X. Alarms 1238 Art. XI. Wellfield Protection 1241 ~ 20. Parks, Playgrounds and Recreation 1289 Art. I. In General 1291 Art. II. Meetings and Gatherings 1292 Div. 1. Generally 1292 Div. 2. Permit 1292 Art. III. Recreation Advisory Board 1293 21. Planning and Development 1343 Art. I. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. IV. Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection Regulations.... 1363 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places 1517 Art. I. In General 1519 Art. II. Excavations 1519 Div. 1. Generally 1519 ~ Div 2. Permit 1520 Art. III. Sidewalks and Driveways 1520 Div 1. Generally 1520 Div 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Supp. No. 16 xlV I TABLE OF CONTENTS-Contd. Chapter Page Art. II. Construction Permits 1576 Art. III. Public and Private Pools 1577 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax 1629 Art. IV. Utility Tax 1630 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1683 Div. 1. Generally 1683 Div. 2. Reserved 1686 Div: 3. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval 2358 Art. III. Design Standards 2365 Art. IV. Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art. I. In General 2481 Art. II. Generally 2482.3 Art. III. District Regulations 2486.4 Arts. N, V. Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods 2515 Art. VII. Nonconforming Uses of Land and Structures . 2516 D. Franchises 2619 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Code Comparative Table-Laws of Florida 2873 Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 Supp. No. 16 xV 1 l 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 1 137, 138 16 iu 1 138.1 16 v, vi OC 139, 140 OC vu, viii OC 141, 142 OC ix OC 142.1, 142.2 16 x.i, x.ii 1 143 16 x.iii 1 144.1, 144.2 12 xi, xii 16 144.3 12 xiii, xiv 16 145, 146 9 xv 16 147, 148 9 1 OC 149, 150 12 3, 4 8 150.1, 150.2 12 5, 6 12 151, 152 11 6.1, 6.2 12 153, 154 11 7, 8 OC 155, 156 12 9, 10 OC 156.1, 156.2 3 11, 12 OC 157, 158 10 13, 14 OC 159, 160 10 65 12 161, 162 12 77 OC 163, 164 12 79, 80 OC 165 12 81, 82 9 211 OC 133 10 213 11 135, 136 14 263 OC Supp. No. 16 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 265, 266 OC 777 OC 267, 268 OC 779, 780 OC 269 OC 781, 782 OC 319 OC 783, 784 OC 321, 322 16 785, 786 OC 323, 324 16 787, 788 OC 325, 326 16 789 OC 327, 328 16 839 OC 329, 330 16 889 OC ~ 331, 332 16 891, 892 15 ii 333, 334 16 892.1 15 381 OC 893, 894 OC 383, 384 12 895, 896 OC 385 12 945 OC 398.3, 398.4 7 947, 948 3 398.5, 398.6 8 997 OC 398.7, 398.8 8 999, 1000 10 398.9, 398.10 14 1051 OC 398.11, 398.12 14 1053, 1054 9 398.12.1 14 1054.1, 1054.2 9 398.13, 398.14 8 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 15 559 OC 1175 15 561, 562 6 1225 OC 563, 564 14 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 13 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 10 j 729 5 1343 4 Supp. No. 16 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 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 2489, 2490 OC 1573 OC 2491, 2492 OC 1575, 1576 OC 2493, 2494 13 1577 OC 2495, 2496 13 1627 9 2497,2498 13 1629, 1630 14 2499, 2500 13 1631 14 2501,2502 15 1681 OC 2503, 2504 16 1683, 1684 OC 2504.1, 2504.2 16 1685, 1686 OC 2505, 2506 10 1687, 1688 OC 2507, 2508 13 1689, 1690 OC 2509, 2510 13 1739 14 2510.1, 2510.2 13 1741, 1742 13 2510.3, 2510.4 13 2043 OC 2510.5, 2510.6 15 2045, 2046 10 2510.7 15 2047, 2048 OC 2511, 2512 OC 2049, 2050 OC 2513, 2514 OC 2051, 2052 OC 2515, 2516 OC 2053 OC 2517, 2518 OC 2353 OC 2619 14 2355, 2356 OC 2819, 2820 14 2357, 2358 OC 2869, 2870 OC 2359, 2360 OC 2871 OC 2361, 2362 OC 2873 OC Supp. No. 16 [3] NORTH PALM BEACH CODE Page No. Supp. No. 2875, 2876 OC 2877, 2878 OC 2879, 2880 OC 2881, 2882 14 2883, 2884 14 2885, 2886 16 2933, 2934 OC 2935, 2936 13 2937, 2938 16 2939, 2940 16 2940.1 16 2941, 2942 14 2943, 2944 16 2945, 2946 16 2946.1 16 2947, 2948 15 2949, 2950 16 2951, 2952 16 2952.1 16 2953, 2954 14 2955, 2956 14 2965, 2966 15 2967 15 l Supp. No. 16 ~4~ ADMINISTRATION § 2-41 (2) Invocation; Sec. 2-40. Departmental organization. (3) Pledge of allegiance; (a) The administrative service of the village (4) Approval of minutes; shall be divided under the administrator into the (5) Report of mayor; following departments and heads thereof: (6) Statements from the public; (1) Department of finance, director of f-i- nance. (7) Consent agenda; (2) Department of public safety, director of (8) Petitions and communications; public safety. (9) Reports of special committees and recom- (3) Department of public services, director of mendations of advisory boards; public services. (10) Village manager's report; (4) Department of recreation, director of rec- (11) Declaration of ex parte communications; reation. (12) Ordinances; (5) Department of library, librarian. (13) Resolutions; (6) Department of country club, country club (14) Miscellaneous business; administrator. (15) Adjournment. (b) In addition, there shall be a department of (Code 1970, § 2-17; Ord. No. 6-74, § l; Ord. No. records headed by the village clerk and adepart- 22-96, § 1, 6-13-96; Ord. No. 14-98, § 1, 6-25-98) ment of treasury headed by the village treasurer under the village council, which departments Sec. 2-27. Parliamentary rules. shall be coordinated into the administrative ser- vice and cooperate with the administrator so as to The presiding officer, when the council is in coordinate the entire administrative service of the session, shall enforce parliamentary rules for its village. government so far as they are applicable to such (Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75; legislative body. Ord. No. 44-97, § 1, 10-9-97) Cross references-Country club, Ch. 9; library, Ch. 16; (Code 1970, § 2-19) parks, playgrounds and recreation, Ch. 20; police, Ch. 23; streets, sidewalks and public places, Ch. 24. Secs. 2-28-2-38. Reserved. Sec. 2-41. Oaths of office. (a) Persons required to take oath of office. Each ARTICLE III. ADMINISTRATIVE CODE of the following officers and employees in the administrative service shall be required to take an oath of office before entering upon the dis- DIVISION 1. GENERALLY charge of his duties, which oath shall be sub- scribed by the person taking it and shall be filed and preserved in the office of the village clerk: Sec. 2-39. Definition. (1) Officers. The village manager and each As used in this article, unless the context department head. otherwise requires: (2) Public safety officers. Every member of the department of public safety (including Chief administrator or administrator is the any private, special, temporary or substi- village manager. tute policemen which the village might (Code 1970, § 2-31) f`md it necessary to appoint). Supp. No. 16 137 § 2-41 NORTH PALM BEACH CODE / (b) Form of oath for the chief administrator Subscribed and sworn to before me this f\ and officers. The following shall be the form of day of , 19 oath for the chief administrator and officers: State of Florida ) Notary Public County of Palm Beach ) ss. Village of North Palm Beach ) (Code 1970, § 2-33) I, , do solemnly swear Sec. 2-42. Bonds required of certain officers. that I will support the Constitution of the The following named village officials shall each, United States, the Constitution of the State of before entering upon the duties of their respective Florida, and the Charter and Code of the Vil- offices, give a good and sufficient surety company lage of North Palm Beach; that I will faithfully, bond to the village, duly approved by the village honestly and impartially discharge my duties attorney, and conditioned upon the faithful per- as during my continu- formance and discharge of their respective duties, ance therein; that I am not directly or indi- and for the proper application and payment of all rectly pecuniarily interested in any public ser- money or property coming into their hands by vice corporation engaged in business in the virtue of their offices in the following amounts: Village of North Palm Beach, or in or with any (1) Village manager, two hundred thousand person or corporation having contracts with dollars ($200,000.00). said Village, so help me God. (2) Village treasurer, two hundred thousand dollars ($200,000.00). (3) Village clerk, ten thousand dollars Subscribed and sworn to before me this ($10,000.00). day of , 19 (4) Village tax collector, two hundred thou- sand dollars ($200,000.00). (c) Form of oath for members of department of (5) Country club manager or country club public safety. The following shall be the form of administrator, two hundred thousand dol- oath for the rnembe-rs of the department of public tars ($200,000.00). safety: (Code 1970, § 2-34; Ord. No. 23-96, § 1, 6-13-96) State of Florida ) Sec. 2-43. Policy and procedures. County of Palm Beach ) ss. (a) Officers. Each officer shall perform all du- Village of North Palm Beach ) ties required of his office by state law, the charter, the Code of the village, and such other duties not I, , do solemnly swear in conflict therewith as may be required by the that I will support the Constitution of the village manager. United States, the Constitution of the State of (b) Department heads. The heads of depart- Florida and the Charter and Code of the Vil- menu shall: lage of North Palm Beach; and that I will, to the best of my ability, faithfully perform the (1) Responsibility to administrator. The heads duties of the office of Public Safety Officer of departments other than the country during my continuance therein, so help me club shall be immediately responsible to God. the village manager for the effective ad- ministration of their respective depart- ments and all activities assigned thereto, except as provided in section 2-40. The Supp. No. 16 138 ADMINISTRATION § 2-51 country club administrator shall be imme- be the duty of the treasurer to act to promote, diately responsible to the country club secure and preserve the financial and property administrative board for the effective ad- interests of the village. The treasurer shall: ministration of its department and all activities assigned thereto. (1) Fiscal supervision over officers. Exercise general supervision over all officers of the (2) Inaugurate sound practices. Keep in- village regarding the proper management formed as to the latest practices in their of the fiscal concerns of their respective particular field and shall inaugurate, with offices. the approval of the village manager, such (2) Examine books. Examine the books of new practices as appear to be of benefit to each department, from time to time, and the service and to the public. see that they are kept in proper form. (3) Report to village manager. Submit monthly (3) Report delinquent payments and financial and annual reports of the activities of his reports. See that officers receiving money department to the village manager. pay the same into the village treasury, (4) Maintain records. Establish and maintain a system of filing and indexing records and reports in sufficient detail to furnish all information necessary for proper con- trol of departmental activities and to form a basis for the periodic reports to the village manager. (5) Authority over employees. Have power, when authorized by the village manager, to appoint and remove, subject to person- nel policy regulations for personnel, all subordinates under him. (6) Maintain equipment. Be responsible for the proper maintenance of all village prop- erty and equipment used in his depart- ment. (c) Departments. Each department shall fur- nish, upon the direction of the village manager, any other department such service, labor and materials as may be requisitioned by the head of such department, and as its own facilities permit, through the same procedure and subject to the same audit and control as other expenditures are incurred. (Code 1970, § 2-35; Ord. No. 44-97, § 2, 10-9-97) Secs. 2-44-2-50. Reserved. DIVISION 2. DEPARTMENT OF TREASURY Sec. 2-51. Treasurer's duties. In all cases where the duty is not expressly charged to any other department or office, it shall Supp. No. 16 138.1 ADMINISTRATION § 2-136 within sixty (60) days of his appointment and Sec. 2-11s. Budget. retain village residence during his period of ap- pointment. The village manager shall furnish the village (Code 1970, § 2-26) each fiscal year with a balanced budget. (Ord. No. 23-97, § 2, 5-8-97; Ord. No. 15-98, § 1, 7-9-98) Sec. 2-116. Removal. The village council may remove the village Secs. 2-119-2-121. Reserved. manager at any time by a majority vote of the members. In the event the village manager is Secs. 2-122, 2-123. Reserved. removed from office by the village council without Editor's note-Ord. No. 15-80, § 3, adopted July 24, 1980, good cause during a time that the village manager repealed 2-122 and 2-123, relative to the appointment and is willing and able to perform his duties, then, in duties of the assistant village manager, respectively. Such that event, the village shall pay the village man- sections formerly derived from Ord. No. 5-79, § 2, adopted ager the following: Mar. 8, 1979. (1) Accumulated sick leave and accumulated vacation pay; and Secs. 2-124-2-128. Reserved. (2) Alump sum cash payment equal to one (1) month's salary after a village manager ARTICLE V. PENSIONS AND has served the village for at least twelve RETIREMENT SYSTEMS (12) months and shall pay him two (2) months' salary after a village manager has served the village for at least two (2) DIVISION 1. GENERALLY years, and shall pay the village manager three (3) months' salary after a village manager has served the village for three Secs. 2-129-2-135. Reserved. (3) years or more, with the payment never to exceed three (3) months' salary; and DIVISION 2. SOCIAL SECURITY* (3) The village shall maintain at its expense the insurances that cover the village man- Sec. 2-136. Declaration of policy. ager for the month or months that the village is obligated to make a lump sum It is hereby declared to be the policy and cash payment to the village manager. purpose of the village to extend, effective as of October 1, 1956, to the employees and officials The payments specified above shall relieve the thereof, not excluded by law, nor excepted herein, village of all obligations to the manager. the benefits of the system ofold-age and survivors (Code 1970, § 2-26; Ord. No. 11-89, § 1, 5-25-89; insurance as authorized by the Federal Social Ord. No. 23-97, § 1, 5-8-97) Security Act and amendments thereto, and by F.S. chapter 650, as amended; and to cover by Sec. 2-117. Bond. such plan all services which constitute employ- ment as defined in F.S. section 650.02, performed The village manager shall furnish a surety ~ the employ of the village by employees and bond to be approved by the council, such bond to officials thereof, except elected officials and ex- be conditioned on the faithful performance of his cept part-time employees. duties. The premium of the bond shall be paid by (Code 1970, § 26-11) the village. *State law reference--Social security for public employ- (Code 1970, § 2-28) ees, F.S. Ch. 650. Supp. No. 16 142.1 _ § 2-137 NORTH PALM BEACH CODE Sec. 2-137. Exclusions from coverage. the lawfully designated state agency at the times and in the manner provided by law and regula- There is hereby excluded from this article any Lion. authority to include in any agreement entered (Code 1970, § 26-15) into under section 2-138 of this article any ser- vice, position, employee, or official covered as of February 11, 1957, by or eligible to be covered by Sec. 2-141. Records and reports. a then existing retirement system. (Code 1970, § 26-12) The village shall keep such records and make Sec. 2-138. Agreement authorized. such reports as may be required by applicable state or federal laws or regulations, and shall The mayor is hereby authorized and directed to adhere to the regulations of the state agency. execute all necessary agreements and amend- (Code 1970, § 26-16) ments thereto with the division of retirement of the department of administration, as state agency, for the purpose of extending the benefits provided Sec. 2-142. Withholding and reporting agent. by the federal system of old-age and survivors insurance to the employees and officials of the village as provided in section 2-136, which agree- (a) The village treasurer is hereby designated the custodian of all sums withheld from the went shall provide for such methods of adminis- compensation of officers and employees and of the tration of the plan by the village as are found by appropriated funds for the contribution of the the state agency to be necessary and proper, and village pursuant to this division. shall be effective with respect to services in em- ployment covered by such agreement performed on and after the first day of October, 1956. (b) The village clerk is hereby made the with- (Code 1970, § 26-13) holding and reporting agent and charged with the duty of maintaining personnel records for the Sec. 2-139. Withholding from wages. purpose of this division. (Code 1970, § 26-17) Withholdings from salaries, wages, or other compensation of employees and officials for the purpose provided in section 2-136 are hereby Sec. 2-143. Social Security Act adopted. authorized to be made, and shall be made, in the amounts and at such times as maybe required by applicable state or federal laws or regulations, The village does hereby adopt the terms, con- and shall be paid over to the state agency desig- ditions, requirements, reservations, benefits, priv- nated by law or regulations to receive such ileges and other conditions thereunto appertain- amounts. ing, of title II of the Social SecurityAct as amended, ~ for and on behalf of all officers and employees of (Code 1970, § 26-14) its departments and agencies to be covered under the agreement. Sec. 2-140. Appropriations by village. (Code 1970, § 26-18) Editor's note-Title II of the Social Security Act is found There shall be appropriated from available in the United States Code (and United States Code Annotat- funds, derived from the general fund, such amounts, ed), Title 42, 401-425. at such times, as may be required to pay promptly the contributions and assessments required of the village as employer by applicable state or federal laws or regulations, which shall be paid over to Secs. 2-144, 2-145. Reserved. / Supp. No. 16 142.2 1 i I ADMINISTRATION § 2-146 DIVISION 3. PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES* Sec. 2-146. Definitions. As used herein, unless otherwise defined or ' required by the context, the following words and phrases shall have the meaning indicated: Accrued benefit is the benefit earned to date using the normal retirement benefit. Actuarial equivalence or actuarially equivalent means that any benefit payable under the terms of this plan in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establish- ing the actuarial present value of any form of payment, other than a lump sum distribution, all future payments shall be discounted for interest *Editor's note~ection 13 of Ord. No. 1-83, adopted Jan. 13, 1983, repealed Ord. No. 10-82, adopted June 10, 1982, from which ordinance 2-146-2-156 formerly derived. At the discretion of the editor, 1-11 of Ord. No. 1-83 have been codified as herein set out in 2-146-2-156. All funds and assets from the former system, as set out by Ord. No. 10-82, are transferred to this system, as set out by Ord. No. 1-83, and all rights and benefits of members in that system will be credited to and maintained by this fund. Supp. No. 16 143 l BOATS, DOCKS AND WATERWAYS § 5-6 ARTICLE I. IN GENERAL In addition to the five-mile-per-hour speed limit, no person shall operate a boat or any other vessel, Sec. 5-1. Definitions. including water sport apparatus, or other physi- cal object capable of transporting human beings As used in this chapter, unless the context or cargo on water, which shall cause a wake in indicates otherwise, the following terms shall any of the waterways within the corporate limits have the indicated meanings: of the village, with the exception of the waters of Anchor shall mean any appliance used to se- Lake Worth and the Intracoastal Waterway, ex- cuse avessel other than to a pier which is carried cept in cases of fire or extreme emergency. A aboard such vessel as regular equipment when "wake" is defined as causing "white water to be under way. seen breaking off the bow" of the boat or vessel. (Code 1970, § 11-43; Ord. No. 212-70, § 6; Ord. No. Boat means any watercraft, including sea- 5-87, § 1, 2-26-87) planes when not airborne, in or upon or docked, moored or upon boat lifts at any place in any Sec. 5-3. Swimming in restricted waters. waterway within the boundaries of the village. No person shall engage in swimming in any Mooring shall mean any appliance used to waters lying within one thousand (1,000) feet of secure a vessel other than to a pier. the intersection of the Earman River and the Prohibited area shall mean all water bottom North Palm Beach Waterway. lands within the village not authorized by the (Code 1970, § 11-44) Code of Ordinances for the anchorage or mooring of vessels. Sec. 5-4. Exhibition boats exempted from certain restrictions. Vessel is synonymous with boat as referenced in section 1(b), Article VII of the State Constitu- The provisions of this chapter shall not be tion and includes every description of watercraft, construed to prohibit the running of racing or barge and air boat, other than a seaplane on the exhibition boats, muffled or unmuffled, during a water, used or capable of being used as a means of publicly announced and supervised and ade- transportation on water. quately patrolled regatta or speed trial or exhibi- Waterway means any waters, waterway, lake, tion. river, tributary, canal, lagoon or connecting wa- (Code 1970, § 11-48; Ord. No. 212-70, § 7) ters within the boundaries of the village, other than the Florida Intracoastal Waterway. Sec. 5-5. Water skiing. (Code 1970, § 11-1; Ord. No. 212-70, § 2; Ord. No. No person shall water ski in any of the water- 12-98, § 1, 4-23-98) ways located within the corporate limits of the Cross reference-Rules of construction and definitions generally, § 1-2. village, nor shall any person operate any boat for towing a person on water skis in any of the Sec. 5-2. Speed limit; wakes. waterways located within the corporate limits of the village; provided, however, that, nothing in No person shall operate a boat or any other this section shall be construed to prohibit water vessel, including water sport apparatus or other skiing in the waters of Lake Worth or the physical object capable of transporting human Intracoastal Waterway. beings or cargo on water, at a speed in excess of (Code 1970, § 11-50; Ord. No. 212-70, § 10) five (5) miles per hour, in any of the waterways within the corporate limits of the village, with the Sec. 5-6. Disturbing other boats. exception of the waters of Lake Worth and the Intracoastal Waterway, except in cases of fire or No person shall operate a boat in such a extreme emergency. manner as to unjustifiably or unnecessarily an- Supp. No. 16 321 § 5-6 NORTH PALM BEACH CODE ~- _ noy or frighten or endanger the occupants of any adjacent to such watercraft in a neat and orderly other boat, or throw up a dangerous wake when manner and free from trash, rubbish, repair parts, approaching another boat. machinery, equipment and debris of all kinds. (Code 1970, § 11-51; Ord. No. 212-70, § 11) (Code 1970, § 11-58; Ord. No. 212-70, § 18) Sec. 5-7. Use of searchlights. Sec. 5-12. Refuse disposal. No person in charge of oroccupying a boat shall No person operating a boat shall use search- dump or throw or permit to be dumped or thrown lights indiscriminately or in such manner as to garbage, paper, bottles, cans, refuse or debris into annoy or disturb other persons or boats. waterways. Persons in charge of boats moored or (Code 1970, § 11-52; Ord. No. 212-70, § 12) docked in the waterways shall provide garbage cans of sufficient size to hold garbage and refuse. Sec. 5-8. Abandoned boats. (Code 1970, § 11-59; Ord. No. 212-70, § 19) Every boat in a waterway which is abandoned Sec. 5-13. Pollution of waterways. or unseaworthy, or sinks, grounds or becomes otherwise disabled, is hereby declared to be a No person in charge of any houseboat or other nuisance and the person in charge thereof shall boat or vessel in motion, anchored or tied up at abate such nuisance within ten (10) days after any marina or any other waterways within the notice from the director of public safety. village limits shall permit any excreta or refuse (Code 1970, § 11-53; Ord. No. 212-70, § 13) from any toilet or privy on such boat, to be thrown from, to be ejected from, or to be allowed to escape Sec. 5-9. Mooring at private docks without from such boat into the waters in which such boat is in motion, tied up or anchored. permission. (Code 1970, § 24-56) No person shall moor a boat at a private seawall or dock or beach it upon private property Sec. 5-14. Hours for running engines in res- within the village without the permission of the idential districts. owner thereof. No person shall run or operate any boat engine (Code 1970, § 11-56; Ord. No. 212-70, § 16) for the purpose of charging batteries, running auxiliary equipment or testing between the hours Sec. 5-10. Observance of village health and of 10:00 p.m. and 8:00 a.m. in any residential conduct rules. district. (Code 1970, § 11-60; Ord. No. 212-70, § 20) No person in charge of or occupying boats docked at or moored to land, docks, piers or Sec. 5-15. Living aboard boats restricted. wharves abutting waterways shall fail to observe all the health and sanitary regulations of the Living aboard boats in commercial wet storage village, and all ordinances of the village relating marinas is permitted; provided, further, that, the to the conduct of persons and prohibiting acts following regulations apply to commercial wet contrary to public health, morals, safety or public storage marinas where persons live aboard boats: peace. (1) Not more than ten (10) percent of the dock (Code 1970, § 11-57; Ord. No. 212-70, § 17) spaces at a commercial wet storage ma- Cross reference-Health and sanitation, Ch. 14. rind may be occupied by boats where persons live aboard for more than eight Sec. 5-11. Cleanliness of docks. (8) months out of any twelve-month pe- riod. These dock spaces are for the pur- Persons in charge of or occupying boats shall at pose of providing security against vandal- all times keep the docks, seawalls and premises ism and theft at marinas. All live-aboard Supp. No. 16 322 I BOATS, DOCKS AND WATERWAYS § 5-18 boats must be equipped with a marine navigation, and move or cause it to be moved to sanitation device acceptable under the another location and he shall have the right to current regulations of the U.S. Environ- hold such boat for the payment of costs incurred mental Protection Agency, the U.S. Coast in its removal or storage. Guard and the state department of envi- (Code 1970, § 11-54; Ord. No. 212-70, § 14) ronmental regulation. (2) Marinas where persons may live aboard Sec. 5-17. Limitation on anchoring and moor- overnight shall be equipped with potable ing in prohibited area; mooring water and sanitary sewage facilities, in- permit required. cluding showers, rest rooms and bath- It is declared to be unlawful for any person to houses located within the marina area anchor or moor in a stationary position or cause available for use by all persons who live any vessel to be in any portion of the prohibited aboard boats overnight. In addition, all area for a period of time of more than ninety-six such marinas shall provide adequate elec- (g6) hours in any consecutive thirty-day period. trical and potable water service, dockside, The occupants of such vessel upon notice by the to each boat. Sewage service may be pro- department of public safety or other authorized vided to each boat where persons are person of the village shall obtain a mooring per- permitted to live aboard overnight, but in mit from the department of public safety within no event may holding tanks or sewage eighteen (18) hours after notification and register facilities aboard any boat be flushed within the occupants and vessel on forms provided by the the marina area so as to cause any pollu- department of public safety. A mooring permit fee tion, damage or debris to any waters. shall be required as established by the village (3) A dockmaster or person shall be in charge council. of each marina and shall maintain a log The prohibitions provided herein shall not ap- which shall include a current list of per- ply to the following vessels: sons registered to live aboard boats in that marina, the register number of all (1) Vessels moored or anchored for the pur- boats docked in the marina, and a descrip- pose of making emergency repairs. tion of the marine sanitation devices in- (2) Vessels owned and operated by the fed- stalled in each boat, available at all time eral or state government. for use and inspection by the village pub- lic services department. This requirement (3) Vessels in the Intracoastal Waterway. is to aid in the protection of life and (4) Vessels permitted to engage in construc- property at marinas and to deter unau- tion or dredging activity. thorized persons from being in the marina areas. (5) Vessels seeking shelter or safe harbor during hurricanes or periods of hurricane (4) The administrative, enforcement and ap- watch or warning, as issued by the Na- peal procedures of the village housing tional Weather Service. code shall apply to this section. (Ord. No. 12-98, § 2, 4-23-98) (Ord. No. 14-76, § 2, 7-8-76) Cross reference-Housing code adopted by reference, § SeC. 5-18. Unlawfully anchored or moored 15-1. vessels-Department of public safety to impound. Sec. 5-16. Authority of city to board boats violating chapter. The department of public safety of the village is authorized and directed to take into custody and Any member of the department of public safety impound any vessel unlawfully anchored or moored shall have authority to board any boat in violation in the prohibited area and any such vessel taken of this chapter, or which becomes a menace to into custody and impounded under the authority Supp. No. 16 323 § 5-18 NORTH PALM BEACH CODE ~ of the department of public safety shall not be Sec. 5-21. Same-Unclaimed vessel to be released therefrom until the charges for towing sold; certification of sale. such vessel and storage charges have been paid. The charge for towing or removal of any such (a) If the owner fails to claim the vessel within vessel and storage charges shall be the customary twenty-one (21) days after the department of charges prevailing in the village for such services. public safety has sent its notice to the division of (Ord. No. 12-98, § 3, 4-23-98) marine resources, such vessel shall be sold to the highest bidder at public auction by the depart- ment of public safety at some place within the Sec. 5-19. Same-Owner to be notified upon village; but, prior to the sale, a notice shall be impoundment. published once a week for two (2) consecutive weeks in a local newspaper published in the Whenever any vessel is taken into custody and county and circulated in the village. Publication impounded by the authority of the department of shall be at least ten (10) days prior to the date of public safety as authorized herein, -and the name sale. Such notic h 11 ' e s a gYVe the time and place of and address of the o n w er of such vessel can be sale and describe the vessel to be sold. A copy of ascertained by the department of public safety, it such notice shall be mailed to the owner if his ~ shall within forty-eight (48) hours give in writing name and address be known at least ten (10) days or cause to be given notice in writing to such before the date of such sale. The village shall not owner of the fact of such removal and the reason guarantee title to such vessel or to deliver a title therefor and the place to which such vessel has of ownership; but shall furnish the purchaser a been removed. certificate in substantially the following form: (Ord. No. 12-98, § 4, 4-23-98) Certificate Number: Sec. 5-20. Same-Procedure in event owner CERTIFICATE OF SALE cannot be found. VILLAGE OF NORTH PALM BEACH, Whenever the department of public safety au- DEPARTMENT OF PUBLIC SAFETY, FLORIDA thorizes the removal of such vessel from the THIS IS TO CERTIFY that the following de- prohibited area as authorized herein and the scribed vessel was impounded and placed in department of public safety does not know and is the custody of the Department of Public Safety, not reasonably able to ascertain the name and where it was held for twenty-five (25) days, address of the owner of such vessel or for any after which time the Department of Public other reason is unable to give the notice to the Safety made every reasonable effort to find the owner, and in the event the vessel is not returned owner of the same or if found, such owner to the owner within a period of three (3) days after failed to repossess same, this vessel was sold to same has been taken into custody and im- the highest bidder at public auction after legal pounded, the department of public safety shall advertisement. immediately send or cause to be sent a written notice of such impoundment by mail to the divi- This Certificate of Sale is therefor issued Sion of marine resources of the department of to: residing at natural resources, and shall file a copy of such notice with the person who has been authorized to Description of vessel: have custody of the impounded vessel for the purpose of storage. Such notice shall include a complete description of the vessel, the date, time Dated at Village of North Palm Beach, and place from which it was removed, the reason Florida, this day of for such removal, and the name of the storage , 199 facility or place where the vessel is stored. (Ord. No. 12-98, § 5, 4-23-98) Name and Title of Officer Supp. No. 16 324 BOATS, DOCKS AND WATERWAYS § 5-36 (b) This form shall be in duplicate. The origi- ARTICLE II. BOAT LAUNCHING AREA nal shall be given to the purchaser and the duplicate bound in a book of record for the pur- Sec. 5-33. Designated; use restricted. poses intended. The boat launching area which is leased by the village from North .Palm Beach Utilities, Inc., by (Ord. No. 12-98, § 6, 4-23-98) instrument dated May 10, 1960, and more partic- ularly described in Resolution No. 81 of the vil- Sec. 5-22. Same-Claiming of vessel by lage council, shall hereafter be known as the owner; payment of costs. village boat launching area, and shall at all times be used solely and exclusively for recreational The owner of such impounded vessel may take purposes by village taxpayers or residents. possession of such vessel at anytime prior to the (Code 1970, § 11-11) time of sale provided herein, but such owner shall reimburse the village for all reasonable expenses Sec. 5-34. Repairs prohibited. for removal, storage, advertising and other ex- penses incurred as a result of the impoundment of No repair work upon boats, boat trailers or such vessel." other boating equipment shall be permitted at the (Ord. No. 12-98, § 7, 4-23-98) village boat launching area with the exception of minor repairs or adjustments essentially neces- Sec. 5-23. Same-Reclamation of owner af- sary to make such boat, trailer or equipment ter sale. operable or transportable to a professional facility devoted to such repair service. The proceeds from the sale of any impounded (Code 1970, § 11-12) vessel shall not be expended or disbursed for ninety (90) days after the date of such sale. At any Sec. 5-35. Permits required. time during such period, the owner, upon provid- No boats or boat trailers shall be allowed to ing proof of such ownership of such vessel, evi- denced by documentary written evidence, may remain more than twenty-four (24) hours at the recover back the proceeds of the sale, less all of village boat launching area unless a written per- the expenses incurred in regard to removal, stor- mit therefor has been secured from the village age, advertising and a commission of five (5) manager. Such permits shall be issued upon such percent on the gross sales price of such vessel for reasonable regulations and upon such cost as the cost of making such sale. If the owner fails to shall be determined, from time to time, by the provide proof of ownership and recover back the village council. proceeds of the sale in the time frame set forth (Code 1970, § 11-13) herein, the proceeds of sale shall be forfeited to the village. Sec. 5-36. Abandoned boats and equipment- (Ord. No. 12-98, § 8, 4-23-98) Disposition. (a) It shall be presumed that the owner of each Sec. 5-24. Use of vessel for dwelling pur- boat, each boat trailer, and each piece of boat poses in prohibited area. equipment found on the village boat launching area as to which there is not then outstanding a It shall be unlawful of any person to occupy for currently effective permit issued under section dwelling purposes any vessel in the prohibited 5-35 of this chapter, has abandoned such boat, area except during the period covered by the boat trailer or piece of boat equipment. mooring permit referred to in section 5-17. (Ord. No. 12-98, § 9, 4-23-98) (b) Thereupon, it shall be lawful for the vil- lage, through its officers or employees, to remove such abandoned material from such area, destroy- Secs. 5-25-5-32. Reserved. ing that which is junk and disposing of all other Supp. No. 16 325 § 5-36 NORTH PALM BEACH CODE material for the best price, and upon the best Sec. 5-57. General requirements. terms available. The net proceeds of any such sale shall be deposited in the general fund of the (a) All canals shall be provided with reinforced village. or prestressed concrete bulkheads which shall (Code 1970, § 11-14) meet the requirements of the village building code and the village ordinances concerning zoning as they are concerned with bulkheads. Sec. 5-37. Same-Recovery. (b) All canals to be constructed in areas pro- At any time within ninety (90) days after the Posed to be platted shall meet the requirements of disposition of any boat, boat trailer or equipment the subdivision ordinance of the village, as set out under section 5-36 of this chapter, the owner, or m Appendix B of this volume, and amendments any person having any alleged interest in such thereto, and must be approved as part of the plan disposed of property, may, upon making proof of of development of the proposed platted area. such ownership or interest, recover back from the (c) Canals to be constructed in unplatted areas village the proceeds of the sale, less all the ex- shall meet the requirements of the village build- penses of caring for, moving, advertising and ing code and all ordinances of the village relating making such sale. to zoning, and plans for the construction of any (Code 1970, § 11-15) canal must be approved by the engineers of the village prior to the issuance of a building permit for such canal. Secs. 5-38-5-48. Reserved. (Code 1970, § 11-24) Cross reference-Zoning, App. C. Sec. 5-58. Navigation canals. ARTICLE III. CONSTRUCTION REQUIR.EMENTS* Canals which may be used for navigation shall have a minimum width of eighty (80) feet face to face of bulkheads constructed on the sides thereof, DIVISION 1. GENERALLY with the exception of the bottom profile require- ments dictated by the bulkhead design. All such ca_na1_s shall have a minimum bottom elevation of Secs. 5-49-5-55. Reserved. minus eight (-8) feet mean sea level. (Code 1970, § 11-22) DIVISION 2. CANALS Sec. 5-59. Drainage canals. Canals which are constructed or dug for drain- Sec. 5-56. Compliance with division re- age purposes only and which may be used for quired. drainage purposes only shall be of the width required to provide sufficient cross section for All canals for navigation and/or drainage pur- drainage requirements and shall have amini- poses to be dug or constructed within the corpo- mum bottom elevation of minus eight (-8) feet rate limits of the village, either in whole or in mean sea level. The determination of whether or j part, whether or not such canal is dedicated to the not the intended use of a canal is for drainage public, shall be subject to the requirements set Purposes only shall be set forth on the dedication forth in this division. of a plat if such canal is included in a platted area, (Code 1970, § 11-21) and such determination for canals in unplatted areas shall be made by the village building inspec- *Cross references-Buildings and building regulations, tor. The village building inspector shall determine Ch. 6; coastal construction code, § 6-151 et seq. that a canal has been constructed for drainage / Supp. No. 16 326 BOATS, DOCKS AND WATERWAYS § 5-71 purposes only if the canal cannot be used for tort' and acceptable to the village council and such navigational purposes by virtue of its width, other bond is not necessary for the performance of the construction features or by virtue of inability of terms of this chapter. boats to travel thereon continuously to open wa- (Code 1970, § 11-31) ter. (Code 1970, § 11-23) Secs. 5-62-5-68. Reserved. Sec. 5-60. Canal crossings. DIVISION 3. BULKHEADS AND SEAWALLS* All roadway crossings for all proposed canals Sec. 5-69. Compliance with division re- for navigation purposes or for navigation and quired. drainage purposes shall have a minimum vertical clearance of sixteen (16) feet above mean high All bulkheads or seawalls to be constructed water and a minimum. horizontal clearance of within the corporate limits of the village shall twenty (20) feet face to face of piling or bulkhead. meet the requirements set forth in this division. Plans for all crossings of navigation canals or (Code 1970, § 11-26) navigation and drainage canals shall be submit- ted to the village engineers and must be approved Sec. 5-70. Submission of plans and specifi- by them in writing prior to being constructed. cations. (Code 1970, § 11-25) Plans and specifications for any bulkhead or seawall to be constructed within the corporate Sec. 5-61. Surety bond prerequisite to issu- limits of the village shall be submitted by an ance of building permit in certain engineer registered in the state and shall bear his cases. certification and seal on the face thereof. (Code 1970, § 11-27) (a) Before a building permit is issued for the digging or construction of a canal in an unplatted Sec. 5-71. Specifications. area or in an area where such canal is not to be dedicated to the public, the applicant for such All bulkheads and seawalls to be henceforth permit shall furnish a surety company bond sat- constructed shall be of reinforced or prestressed isfactory to the village council, guaranteeing that concrete construction and shall be subject to the within twelve (12) months from the date of the following minimum requirements: permit the construction of the canal, together (1) All materials and construction methods with the bulkhead or seawall requirements set utilized in the construction shall conform forth herein, shall be entirely completed in full to the applicable portion of the latest state accordance with the approved plans submitted department of transportation standard under this chapter, and copies of these regula- specifications. tions shall be attached to and constitute a part of (2) Bulkheads and seawalls may be of either the bond agreement. the king pile-and-slab type or of the tongue- (b) No permit shall be issued for the construc- and-groove-concrete-sheet-pile type or of tion or di of an such canal without such any other type which contains compara- g~g y ble or better qualities for the purposes of bond. bulkheads or seawalls, depending upon (c) Extensions of the bond required herein or the recommendation of the designing en- gineer. All bulkheads and seawalls shall waiver of such bond may be made by the village be capped with a continuous reinforced council where it is determined by the council that concrete cap a minimum often (10) inches the financial resources and the integrity and reliability of the applicant for a permit is satisfac- *Cross reference-Bulkhead lines generally, Ch. 7. Supp. No. 16 327 § 5-71 NORTH PALM BEACH CODE ~ in depth and fifteen (15) inches in width king pile or support sheet and shall in- and shall be provided with atwo-inch spect the site prior to backfilling any chamfer on the top edges of the cap. All anchors or tie rods and before pouring any bulkheads or seawalls shall be of the cast-in-place construction and before fmal anchored type using a suitable tie-back cap pouring. system. The bulkhead cap shall be placed (2) All precast prestressed sections shall be at elevation five and five-tenths (5.5) feet certified by the manufacturer to the effect mean sea level, or shall conform to the that the sections are in conformance with elevation of the bulkhead caps in exist- the plans and specifications accompany- ence on adjacent property insofar as pos- ing the permit, and copies of the certifica- sible. Special exceptions to this elevation tion shall be furnished to the building _ requirement may be granted if the instal- inspector. lation is in connection with commercial or industrial development. (Code 1970, § 11-30) (3) All reinforcing steel shall be provided Secs. 5-74-5-80. Reserved. with a minimum of two and one-half (21/2) inches of concrete cover. Exposed steel DIVISION 4. DOCKS AND PIERS and anchors, tie rods, etc., shall be coated with a protective coating of an approved type to prevent corrosion. Sec. 5-81. Definitions. (4) All exposed concrete shall be troweled or As used in this division, the following terms rubbed smooth prior to setting whether shall have the indicated meanings, unless the concrete is cast-in-place or precast con- context clearly indicates otherwise: struction. Batter pile means pile that is designed and (5) Plans submitted for the construction of installed on a slope other than vertical in order to bulkheads and seawalls shall contain a resist horizontal as well as vertical forces. cross section of the proposed channel on Commercial dock means a wharf, dock or pier the canal side of the bulkhead wall. facility for tenants of hotels, apartment houses, (Code 1970, § 11-28) condominiums and for commercial uses and shall be constructed only in zoning districts other than Sec. 5-72. Permit fee. R-1 and R-2. All applications for permits for bulkheads or Pier means a dock that extends more than five seawalls shall be subject to a permit fee equal to (5) feet perpendicular to a bulkhead or shoreline. three dollars ($3.00) per one thousand dollars ($1,000.00) of estimated construction cost, which Private dock, pier, mooring buoy and floating sum shall be payable upon application for such a anchor mean those that shall only be used by the permit. owner and his family and shall be constructed (Code 1970, § 11-29) only in R-1 and R-2 Zoning Districts. A private dock, pier, mooring buoy or floating anchor shall Sec. 5-73. Inspection required. not be rented or leased. After issuance of a construction permit and Wave break means a structure designed only to commencement of construction on any seawall or break up waves or boat wakes, not to be used for bulkhead, the work shall be subject to the follow- mooring or docking boats. ing inspection requirements by the village build- (Code 1970, § 11-32; Ord. No. 3-71, § 2; Ord. No. ing inspector: 1-73, § 1; Ord. No. 35-90, § 1, 9-27-90; Ord. No. 13-98, § 1, 5-14-98) (1) The village building Inspector shall be Cross reference-Rules of construction and definitions present during the first installation of generally, § 1-2. Sapp. No. 16 328 BOATS, DOCKS AND WATERWAYS § 5-83 Sec. 5-82. Generally. ment shall conform to AWPB MPl, (a) Docks, piers and other approved structures MP2 or MP4. Pile cutoff shall be shall be owned and constructed only by upland treated in accordance with AWPA 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. 5-83. Minimum design requirements. (3) Decking. Decking, if lumber, shall be a minimum two-inch by six-inch. (a) Coverings. Any sun, wind or weather cov- (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) Wave 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, six-inch diameter, pea rock concrete filled steel (7) Blocks. If dock is to be supported by a pipe or six-inch plastic pipe filled with pea rock bulkhead, four-inch by four-inch blocks or concrete and two (2) equally spaced number four equal shall be bolted to bulkhead wall; reinforcing bars, suitably tied. Attaching rings stringer shall be bolted to four-inch by 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 may be 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. 16 329 § 5-83 NORTH PALM BEACH CODE j - (2) Materials and construction are to be the water, docks shall not be placed within t\ same as dock and pier pilings. five (5) feet of the side property line ex- tended. (j) Commercial marinas. All fixed docks and 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) Docks shall extend a maximum of five (5) feet out from the face of the bulkhead (2) Batter piles are to be constructed of pre- wall. stressed concrete. (5) Piers not exceeding six (6) feet in width (3) A building permit shall be required prior may extend waterside a maximum of fif- to construction for all batter piles. teen (15) feet in lagoons, twenty (20) feet (4) Batter piles shall be installed only under in the North Palm Beach Waterway and the following conditions: Prosperity Harbor, twenty-five (25) feet in a. Obstructions prevent use of Stan- West Lake and North Lake and not more dard tiebacks and anchors to rein- than twenty-five (25) percent of the wa- terway width of the Earman River; pro- force bulkheads. vided however, that, a pier may extend b. Existing bulkhead has failed or is in waterside a maximum of fifty-five (55) danger of failing. feet when connected with a commercial c. Not to be used in the construction of marina operation in a commercial zoned new bulkheads. piece of property so long as said construc- (5) Base of batter pile shall extend amaxi- tion leaves a minimum clear water dis- tance of forty (40) feet between the pier mum of five (5) feet from the waterside and any opposite bulkhead or water struc- face of the bulkhead. ture which may be constructed in accor- (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. dance with this chapter. Piers located in 35-90, 2-6, 9-27-90) the Earman River may be constructed with "L" or "T" heads provided the maxi- Sec. 5-84. Regulations governing construc- mum allowable length waterside is re- tion in waters other than Lake duced by twelve (12) feet. No pier shall be Worth and Atlantic Ocean. located closer to the side property line extended than its extension waterside. All docks or other approved structures to be (6) In lagoons, dolphin poles, wave breaks, constructed waterside of bulkheads or land in the mooring posts, mooring buoys or floating lagoons, waterways or other bodies of water in the anchors shall be placed a maximum of village, other than the waters of Lake Worth and twenty (20) feet from the face of the bulk- the Atlantic Ocean, shall be constructed in accor- head or the shore. Wave breaks shall be dance with the following requirements and regu- allowed only at lagoon entrances opening lations: into Lake Worth. (1) Prior to a permit being issued by the (7) In the North Palm Beach Waterway and i village, a permit shall be obtained from pros eri Harbor dol hin oles moorin such other authority that has a vested p ~ p p g posts, mooring buoys or floating anchors interest in the waterway. shall be placed a maximum of thirty (30) (2) In regard to construction waterside of any feet from the face of the bulkhead or the lot having fifty-foot or less frontage on the shore. Supp. No. 16 330 BOATS, DOCKS AND WATERWAYS § 5-85 (8) In the Earman River, dolphin poles, wave feet such spoil areas may have upon any breaks, mooring posts, mooring buoys or construction done in accordance with this floating anchors shall be placed not more division. than twenty-five (25) percent of the wa- (3) No pier shall extend beyond a line fifty terway width from the bulkhead or the (50) feet waterside from and parallel to shore. Wave breaks shall be allowed only the bulkhead line of the village. at the entrance to Lake Worth. (4) The centerline of all piers shall be on a (9) In West Lake and North Lake, dolphin uniform alignment. poles, mooring posts, mooring buoys or (5) Piers may be constructed with "L" heads floating anchors shall be placed amaxi- or "T" heads of fifty (50) feet. A fmger pier mum of fifty (50) feet from the face of the shall not exceed twenty-two (22) feet in bulkhead or the shore. length and shall be a maximum of six (6) (10) Dolphin or mooring post location shall be feet and a minimum of three (3) .feet in determined by the building department. width. (11) 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) feet to any part of another pier. (7) All piers shall be constructed with all major components including piling, beams, Sec. 5-85. Regulations governing construe- decks, etc., constructed of reinforced con- tion in Lake Worth and Atlantic Crete. Piers shall have a maximum width Ocean. of ten (10) feet, and a minimum width of six (6) feet. All piers, docks or other approved structures to be constructed waterside of the bulkhead line or (8) Dolphins or mooring posts may be in- land of the village in Lake Worth, or the mean stalled adjacent to piers, with location to low-water mark of the Atlantic Ocean, shall meet be determined by the building depart- the following regulations and requirements: ment. (1) The design of any pier to be constructed (9) In regard to construction waterside of any under the provisions of this division shall lot having fifty (50) feet or less frontage on be performed by an engineer registered in the water, docks shall not be placed within the state, and detailed construction draw- five (5) feet of the side property line ex- ings shall be submitted bearing the certi- tended. fication and seal of such engineer. (10) In regard to construction waterside of any (2) Prior to a permit being issued by the lot having greater than fifty (50) feet village, a permit shall be obtained from frontage on the water, docks shall not be such other authority that has a vested placed within ten (10) feet of the side interest in the waterways. Nothing con- Property line extended. tained in this division shall be construed (11) Freestanding wave breaks shall not be to affect the rights or obligations con- permitted. netted with spoil areas located in Lake (12) Mooring buoys and floating anchors shall Worth within one hundred (100) feet be placed a maximum of seventy (70) feet lakeward of the bulkhead line referred to from the face of the bulkhead or the shore. above and the granting of a permit by the (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. village does not release the applicant from 35-90, 7, 8, 9-27-90; Ord. No. 13-98, § 2, personally determining what, if any, ef- 5-14-98) Supp. No. 16 331 § 5-86 NORTH PALM. BEACH CODE Sec. 5-86. Variances. "5. That the variance granted is the minimum variance that will make ~ The board of adjustment created and described possible the reasonable use of the in section 21-21 of this Code shall have the power land, building or structures; to authorized upon appeal such variance from the "6. That the grant of the variance will terms of sections 5-69 through 5-96, both inclu- be in harmony with the general in- sive, as will not be contrary to the public interest tent and purpose of the ordinance when, owing to special conditions, a literal en- and that such variance will not be forcement of the provisions of those sections of the injurious to the area involved or oth- village Code as they pertain to properties located erwise detrimental to the public wel- on Lake Worth will result in unnecessary and fare. undue hardship. In order to authorize any vari- ance from the terms of those sections of the "(b) In granting any variance, the board of village Code, the board of adjustment must find adjustment may prescribe appropriate con- the factors set forth in F.S. section 163.225(3)(a), ditions and safeguards in conformity with (b), (c): this part and any ordinance enacted un- der its authority. Violation of such condi- "(3) (a) To authorize upon appeal such vari- tions and safeguards, when made a part ante from the terms of the ordinance as of the terms under which the variance is will not be contrary to the public interest granted, shall be deemed a violation of when, owing to special conditions, alit- the ordinance. eral enforcement of the provisions of the ~~(c) The board of adjustment may prescribe a ordinance would result in unnecessary reasonable time limit within which the and undue hardship. In order to authorize action for which the variance is required any variance from the terms of the ordi- shall be begun or completed or both." nance, the board of adjustment must fmd: (Ord. No. 1-82, § 1, 1-28-82) "1. That special conditions and circum- stances exist which are peculiar to Secs. 5-87-5-92. Reserved. the land, structure, or building in- volved. and which are not applicable to other lands, structures, or build- DIVISION 5. EROSION CONTROL ings in the same zoning district; STRUCTURES* " 2. That the special conditions and cir- Sec. 5-93. Definition. cumstances do not result from the actions of the applicant; As used in this division, "erosion control struc- " 3. That granting the variance requested tures" shall mean seawalls and/or groins designed will not confer on the applicant any to control and prevent erosion of existing land special privilege that is denied by masses which lie outside established bulkhead this ordinance to other lands, build- lines or property lines in waterways, lakes, rivers, ings, or structures in the same zon- lagoons or other bodies of water in the village. ing district; (Code 1970, § 11-40; Ord. No. 4-74, § 2) Cross reference-Rules of construction and definitions "4. That literal interpretation of the pro- generally, § 1-2. visions of the ordinance would de- prive the applicant of the rights tom- Sec. 5-94. When permitted. monly enjoyed by other properties in the same zoning district under the Erosion control structures shall be permitted terms of the ordinance and would to be constructed in the village only where land work unnecessary and undue hard- *Cross reference-Coastal construction code, § 6-151 et ship on the applicant; seq. Supp. No. 16 332 BOATS, DOCKS AND WATERWAYS § 5-101 masses exist waterward of any property line or Worth, the Intracoastal Waterway and other wa- bulkhead line in the village and within the rights- ter areas throughout the village which under of-way of any waterway, lake, river, lagoon or normal circumstances support vegetation typi- other body of water in the village other than the tally adapted for life in the water and for the Atlantic Ocean. Erosion control structures shall preservation and growth of fish breeding, recre- be permitted when the village engineer and vil- ation and aesthetic areas. lage council determine that such structure is 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 Sec. 5-96. Control. its fmdings that these waters support substantial 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- unique mangrove species, mud flats and other tered or removed under the authority and deci- areas conducive to fish breeding and ecological sion of the village council. Erosion control strut- conservation of marine life. Further, that such tures may be constructed by upland landowners areas are necessary to be conserved for their under the supervision of the building official of ecological purposes, as well as for the substantial the village. All erosion control structures shall recreational purposes of fishing and boating which meet the minimum design requirements set forth occur thereon, as well as for the aesthetic value of in this chapter, including permits, fees, surety the substantial expanse of water, together with bonds, minimum design requirements and other the marine life, mangroves and foliage connected regulations. therewith. Accordingly, the village council hereby (Code 1970, § 11-40; Ord. No. 4-74, § 2) undertakes to regulate water areas, mangrove Secs. 5-97-5-100. Reserved. areas and other fish breeding and recreation areas within the village to the extent that such regulations do not conflict with either state or ARTICLE N MARINE SANCTUARIES* federal law, and no disturbance of existing areas Sec. 5-101. Designation of waters as marine within the village where the tide ebbs and flows sanctuaries. may occur without the specific authorization, per- mit and license of the village, after due notice and (a) Definition. Marine sanctuary is defined as hearing as to the ecological, conservation, recre- those areas within the village where the tide ebbs ation and aesthetic affect upon these areas shall and flows including, but not limited to, Lake be had. *Editor's note-Ordinance No. 18-79, § 1, adopted Sep- (d) Construction of section. The terms of this tember 13, 1979, amended the Code by adding § 7-25. How- section Shall be in addition to any other terms Set ever, for purposes of classification, the new provisions have been redesignated as Ch. 5, Art. IV, § 5-101, at the editor's forth in this Code which are concerned with discretion. applications for dredge and fill permits, applica- Supp. No. 16 333 § 5-101 NORTH PALM BEACH CODE j- tions for building, setback applications, etc., and t shall not be considered to be in lieu of any requirements contained in the village Code. (Ord. No. 18-79, § 1, 9-13-79) Cross reference-Filling permits, 7-16-7-20. C [The next page is 381] ~ , Supp. No. 16 334 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-203 sistent with the context, words used in the present (b) Exemptions. The following activities shall tense include the future, words in the plural be exempt from the provisions of paragraph (a) of include the singular, and words in the singular this section: include the plural. (1) Landscape irrigation by hand watering The word "shall" is always mandatory and not using aself-canceling nozzle. merely directory. (2) Landscape irrigation by systems from Village means the Village of North Palm Beach. which the sole source is treated wastewa- ter effluent. Water means water taken from any groundwa- (3) The operation of irrigation systems for ter system, surface water system or public water system repair and maintenance. supply. (4) Flushing of water mains required for nor- Water shortage or water shortage emergency mal water main clearance and mainte- means the declaration of such by the governing nance and for maintenance of water qual- board or the executive director of the South Flor- ity; however, where practical, contractors ida Water Management District pursuant to F.S. and utilities shall direct flushed water chapter 373. into pervious areas, flush at the minimum (Ord. No. 6-81, § 1, 5-14-81) rate necessary for cleaning and disperse water in such a manner to benefit local Sec. 19-201. Application. vegetation. The rovisions of this article shall a 1 to all (5) Landscape irrigation for purposes of wa- p pp y tering iri fungicides, insecticides and her- users of water within the corporate limits of the bicides as required by the manufacturer village. or by federal or state laws; however, this (Ord. No. 6-81, § 2, 5-14-81) exemption applies only to licensed pest control and herbicide operators and shall Sec. 19-202. Implementation. be limited to manufacturers' recommen- dations. (a) Permanent restrictions. The following per- manent restrictions are adopted. (6) Landscape irrigation for the purpose of watering in newly planted grass and foli- (1) Irrigation of any residential, commercial, age for the first forty-five (45) days after institutional, governmental or industrial initial installation. landscape areas shall be restricted to the hours of 5:00 p.m. and 9:00 a.m. (7) Irrigation activity for dust emissions re- quired by court, village ordinance or ad- (2) It shall be unlawful to operate or cause ministrative action. the operation of any irrigation system or device in a manner causing water to be (8) Landscape irrigation by systems whose wasted, including but not limited to un- sole source of water is a surface water necessary watering of impervious areas, system. other than that which may occur inciden- (Ord. No. 6-81, § 3, 5-14-81; Ord. No. 6-85, § 1, tal to the proper operation of the primary 5-9-85; Ord. No. 38-96, § 1, 10-10-96; Ord. No. irrigation system. 20-98, § 1, 8-27-98) (3) Upon the effective date of section, new Sec. 19-203. Enforcement-Generally. installations of automatic irrigation sys- Every police officer or code enforcement officer terns shall be equipped with a water sens- of the village shall in connection with all other ing device which will automatically dis- duties imposed by law, diligently enforce the continue irrigation during periods of provisions of this law. rainfall. (Ord. No. 6-81, § 4, 5-14-81) Supp. No. 16 1237 § 19-204 NORTH PALM BEACH CODE ~ - Sec. 19-204. Same-Emergency power. emits a sound signal, or message to alert others, In the event a further emergency arises which whether emitted on or off the premises or to the central office of an alarm business. needs immediate remedial action, the mayor is ' authorized to take such action without prior coun- Alarm business means any person engaged in cil approval. the busil-~ess of Belli-~g, leasing, monitoring, main- (Ord. No. 6-81, § 9, 5-14-81) taining, servicing, repairing, altering, replacing, C moving or installing any alarm for any building Sec. 19-205. Exception to maintain sanita- place or premises. tion. Alarm user means any person using an alarm The village manager upon the recommendation or occupying and controlling a premises or build- of the appropriate local authority or department ing, or a portion of a premises or building, served of environmental regulation or upon his own by an alarm and shall include any part owner, recognizance shall have the authority to permit a joint owner, tenant in common, tenant in partner- reasonable use of water in any case necessary to ship, joint tenant or tenant by the entirety of the maintain adequate health, public safety, and Ban- whole of part of a building having an alarm itation standards. system. (Ord. No. 6-81, § 6, 5-14-81) Calendar year means the time span from Jan- uary 1 through December 31. Sec. 19-206. Penalties. False alarms means all activated alarms, re- Violation of any provision of this article shall sponded to by the public safety department, which be subject to the following penalties: do not qualify as permitted alarms, including, but (1) First violation-Warning; not limited to, alarms activated through inadvert- ence, neglect, accident, faulty installations or (2) Second violation-Twenty-five dollars maintenance. ($25.00); Permitted alarm means all those alarms acti- (3) Third violation-Fifty dollars ($50.00); vated by illegal entry or in response to criminal (4) Fourth violation and subsequent viola- activity or fire and includes alarms activated tions-Misdemeanor as authorized by the solely by an act of nature not contributed to by village Code. faulty maintenance, installation or use. (Ord. No. 6-81, § 5, 5-14-81) Person means an individual, partnership, asso- ciation or corporation. ARTICLE X. ALARMS* Property owner means the person, if other than the alarm user, who possesses legal ownership to Sec. 19-207. Definitions. the building or premises, in which the alarm For the purpose of this article, whenever any of system is installed. the following words or terms are used herein, they (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) shall have the meaning ascribed to them in this section. Sec. 19-208. Alarm system permit required. Alarm system means any device which is used No erson shall have an alarm s stem in- P Y in a building or premises for the detection of stalled to be operational, or use an existing alarm unauthorized entry, burglary, or any other crimi- serving a premises or a building, or portion thereof, nal activity or fires, and which when activated occupied or controlled by such a person, unless an ~`Crosa references-False fire alarms, § 12-3; licenses alarm permit has been issued hereunder, and is in and miscellaneous business regulations, Ch. 17; false alarm of force, authorizing the use of such alarm. The need for police or ambulance assistance, § 19-7. alarm permit shall constitute a regulatory li- Supp. No. 16 1238 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-209 tense. For any alarm system existing prior to the effective date of the ordinance from which this article derived, an alarm permit application shall be made within sixty (60) days from notification by the village to the alarm user. Alarm system permits shall first issue for the period from Au- gust 1, 1993, to January 1, 1995, and on an annual basis thereafter. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93; Ord. No. 14-93, § 1, 6-10-93) Sec. 19-209. Application for alarm system permit. (a) Applications for alarm system permits shall be made to the director of public safety on forms provided by the public safety department. The application shall be signed by the alarm user and shall provide the following information: (1) Name, address and telephone number of the alarm user; (2) Address and telephone number of the alarm user's premises or building to be served by the alarm; (3) The name, address and telephone number of the person or persons in charge of the premises or building served by the alarm; (4) If not the alarm user, the name, address and telephone number of the property owner; (5) The names, address and telephone num- bers of two (2) persons that shall respond to assist public safety personnel at the site of the alarm in case of problems. These persons must be available for twenty- . four (24) hour per day contact and re- spond within one (1) hour if requested. These persons are required to possess the authority to access and inspect the prem- ises in order to evaluate any problems and make an official report if necessary. (6) The name, address and telephone number of the person or entity installing the alarm; (7) The name, address and telephone number of the person or entity monitoring the alarm; Supp. No. 16 1238.1 APPENDIX C-ZONING § 45-20 The locational restrictions contained in this sexual activities" as the terms are defined section should not be construed as to apply only to herein are business activities that exist or those residential zoning districts, religious insti- may exist within the village. tutions, educational institutions, parks and other commercial enterprises which cater to or are (b) Businesses where employees including attended by persons under eighteen (18) years of dancers and entertainers perform or are presented while displaying or exposing age. The restrictions within this section are also "specified anatomical areas" as that term intended to ensure that residential zoning dis- is defined herein exist or may exist within tricts, educational institutions, religious institu- the village. tions, parks and other commercial enterprises are located in areas free from the secondary effects of (c) Where the activities described in para- adult entertainment establishments. graphs (a) and (b) above are present, the experience of many other communities The location of residential zones, educational indicate that illegal activities tend to oc- institutions, religious institutions, parks and other cur including, but not limited to, prostitu- commercial enterprises within viable, unblighted tion, pandering, solicitation for prostitu- and desirable areas support the preservation of Lion, lewd and lascivious behavior, exposure property values and promote the health, safety of minors to harmful materials, the pos- and welfare of the public at large. session, distribution and transportation (2) Findings of fact. Based on the evidence and of obscene materials and of controlled testimony presented at first reading and public substances. hearing, the Village Council of the Village of The village council further finds there is a North Palm Beach reaffirms the fmdings of fact direct relationship between the display or expos- contained within the Palm Beach County Adult ~g of specified anatomical areas and an increase Entertainment Code and on the findings incorpo- in criminal activities, moral degradation and dis- rated in the United States Attorney General's turbances of the peace and good order of the Commission on Pornography (1986): "A Summary community and the concurrences of these activi- of aNational Survey of Real Estate Appraisers ties is hazardous to the health and safety of those Regarding the Effect ofAdult Bookstores on Prop- persons in attendance and tends to depreciate the erty Values," conducted by the Division of Plan- value of adjoining property and harm the eco- ning, Department of Metropolitan Development, nomic welfare of the community as a whole. These City of Indianapolis, January 1984; the "Study of secondary effects are adverse to the public's inter- the Effects of Concentration of Adult Entertain- est and quality of life, tone of commerce and total went Establishments in the City of Los Angeles, " community environment in the Village of North conducted by the Planning Committee for the Los palm Beach. Angeles City Council, June 1977; the study con- ducted by the City of Austin, Texas; the Metropol- The combination of the sale or consumption of. itan Bureau of Investigation (MBI) for the Ninth alcoholic beverages with the display or exposing Judicial Circuit (Orlando area); and information of specified anatomical areas is adverse to the from Tampa, Florida, detailing the effects of adult public's interest and quality of life, tone of com- entertainmentestablishments in the Tampa area. merce and total community environment in the Village of North Palm Beach. In addition to the foregoing recitals, the village council further fmds that: (3) Definitions. The following words, terms and (a) The possession, display, exhibition, distri- Phrases, when used in this ordinance, shall have bution and sale of books, magazines, mo- the meanings ascribed them in the Palm Beach tion pictures, prints, photographs, period- County Adult Entertainment Code at time of icals, records, novelties and devices which Passage of this ordinance, except where the con- depict, illustrate, describe or relate to text clearly indicates different meaning. "specific anatomical areas" or "specified Adult arcade Supp. No. 16 2485 § 45-20 NORTH PALM BEACH CODE ~ - Adult bookstore/adult video store ner sells or dispenses alcohol for consump- Adult booth tion on premises within five hundred (500) feet of Zoning District P, public district, Adult dancing establishment within one thousand (1,000) feet of a Adult entertainment establishment pre-existing religious institution, within Adult material five hundred (500) feet of apre-existing educational institution, child care facility, Adult motel family day care home or community resi- Adult theater dential home, within two hundred (200) feet of an area zoned for residential use, Adult video store within two hundred (200) feet of an area Alcoholic Beverage designated as residential on the future Board land use map of the village's comprehen- sive plan, within five hundred (500) feet Code of apre-existing park, or within two thou- Commercial Gain sand (2,000) feet of another adult enter- tainment establishment. Commercial establishment Conviction (b) In addition to the distance requirements set forth in subsection (a), an adult enter- Department tainment establishment shall not be al- lowed to open, exist or do business any- Educational Institution where except in the C-1 and C-2 zoning Employee district where adult entertainment estab- Establishment lishments are an expressly permitted use subject to review by the village director of Inspector public services for conformance with the Licensed premises requirements of the village's land devel- opment regulations. Licensee (c) The distance requirements of subsection Operator (a) are independent of and do not super- Person sede the distance requirements for alco- holic beverage establishments which may Principal stockholder be contained in other laws, rules, ordi- Private Performance nances, or regulations. Specified anatomical areas (5) Measurement of distance. The distance from Specified criminal act a proposed or existing adult entertainment estab- (4) Prohibited locations. lishment to apre-existing adult entertainment establishment, apre-existing religious institu- (a) Notwithstanding any other provision of tion, to Zoning District P, public district, apre- this Code, or any provision of the village existing religious institution, apre-existing edu- planning, land development and zoning cational institution, child care facility, family day regulations, no person shall propose, cause care home or community residential home, an or permit the operation of, or enlargement area zoned for residential use, an area designated of, an adult entertainment establishment on the future land use map of the comprehensive which, while in operation or after enlarge- plan as residential, apre-existing residence, a went, would or will be located within one pre-existing park or apre-existing commercial thousand (1,000) feet of apre-existing establishment that sells or dispenses alcohol shall commercial establishment that in any man- be measured by drawing a straight line between Supp. No. 16 2486 APPENDIX C-ZONING § 45-20 the closest lot lines of the proposed or existing Pied anatomical areas shall be visible from adult entertainment establishment and the pre- the exterior of the adult business prem- existing adult entertainment establishment, pre- ises in any way including, but not limited existing religious institution, Zoning District P, to, exterior apertures such as opened doors public district, pre- religious institution, apre- and unobscured windows. existing educational institution, child care facil- (e) No merchandise, advertising or depic- ity, family day care home or community residen- tions of the activities of an adult business tial home, an area zoned for residential use, a shall be displayed on the exterior of the pre-existing residence, apre-existing .park or a adult business premises or in any location pre-existing commercial establishment that sells where they are visible from public right- or dispenses alcohol that is located outside the of-way. incorporated limits of the Village of North Palm Beach. This provision is intended to prevent within No adult business shall display a sign: the Village of North Palm Beach the adverse (1) Advertising the presentation of any impacts and secondary effects created by the activity prohibited by Florida Stat- concentration of adult entertainment establish- ute law or any applicable village ments and the placement of such establishments ordinance; or in close proximity to the other specified uses, whether the other specified uses are located within (2) Capable of leading a reasonable per- or without the incorporated limits of Village of son to believe that the establishment North Palm Beach. engages in an activity prohibited by Florida Statute law or any applica- (6) No variance. There shall be no variance to ble village ordinance. the distance requirements of this section. (3) Containing any flashing lights, pho- tographs, silhouettes, drawings or (7) Nonconforming uses. If any nonconforming pictorial representations of any man- adult business ceases to do business for a contin- ner (except for the logo of the estab- uous period of ninety (90) days, it shall be deemed lishment, provided the logo shall not abandoned and shall not thereafter reopen except contain any specified anatomical ar- in conformance with these regulations. eas, or any male or female forms at (8) Supplemental administrative requirements. or below the clavicle). (a) Rules of construction. This section shall (9) Display or exposure of specified anatomical be liberally construed to accomplish its area. It shall be unlawful for any person to purpose of regulating and dispersing adult display or expose any specified anatomical area to entertainment establishments and re- others, regardless of whether such person is ac- lated activities. tually engaging in dancing, in any commercial establishment where alcoholic beverages are, or (b) Development design and improvement Stan- are available to be sold, dispensed, consumed, dards. The staff shall compare the official possessed, or offered for sale or consumption on plans of the building department and of- the premises. The penalty for violation of this ficial zoning map against the plan submit- subsection (9) shall be revocation of occupational ted. license issued by the village. (c) All adult materials shall be located and (10) Disclosure of names aliases and dates of the activities of employees which include birth of employees. Owners and operators of all the exposure of specified anatomical ar- adult entertainment establishments in the village eas shall take place within the adult busi- shall disclose to the village the names, aliases and ness premises. dates of birth of all employees in their respective (d) No adult materials or activities of employ- establishments. Such information shall be fur- ees which include the exposure of speci- nished the village in writing prior to issuance or Supp. No. 16 2486.1 II I ~ § 45-20 NORTH PALM BEACH CODE renewal of an occupational license of the village most preferred location for such in- and at such other times as requested by village stallations. Such structures may in- officials.The failure to make such disclosure shall clude but are not limited to highrise result in either the loss of occupational license or residential or commercial buildings, the failure of the village to issue a new occupa- sports lighting poles, existing an- tional license or renewal thereof. tenna towers and/or public utility (11) Enforcement. The- provisions of this Code structures. may be enforced by: (2) New free standing towers/antenna loca- tions and new tower/antenna locations (a) A suit brought by the village council in the which do not conform to section 45-1 of Circuit Court of Palm Beach County to this article may only be allowed by special restrain, enjoin, or prevent a violation of exception granted by the village council this Code; and subject to the following criteria: (b) Enforcement proceedings by the village's a. The village council shall consider code enforcement board; and when evaluating whether to approve (c) Criminal prosecution; and an antenna/tower location whether there is suitable and reasonably avail- (d) Any and all other legal proceedings and able public or private property which remedies available to the village as pro- would physically accommodate the vided by law. tower or antenna without unreason- (Ord. No. 22-95, § 1, 7-17-95; Ord. No. 37-95, ably compromising the antenna's sig- 1-8, 12-14-95; Ord. No. 6-96, § 1, 1-25-96; Ord. nal reception or transmitting capa- No. 17-98, § 1, 8-13-98) bility or unreasonably compromise the communication system capabil- Sec. 45-21. 1lelecommunications antenna and ity, and without negatively impact- antenna towers. ing the aesthetics of the tower. Antenna and/or antenna towers owned and b. New free standing tower/antenna lo- operated subject to provisions of the Telecommu- cations and new tower/antenna loca- nications Act of 1996 may be located and con- tions will be considered only after strutted in accordance with the following provi- the applicant for an antenna or an- sions: tenna tower has to the fullest extent practicable, demonstrated to the vil- (1) a. The village planning commission will lage council that all existing struc- consider, in accordance with article tures either will not accommodate III of chapter 6 of the village code of an antenna installation or are not ordinances, applications for telecom- available for an antenna or antenna munication antenna and/or antenna tower installation. If an antenna or towers which are attached to, or re- antenna tower cannot be located on place existing structures provided any existing structure without un- the overall height of the antenna reasonably compromising the an- and/or tower does not extend more tenna tower's signal reception or than twenty (20) feet above the ex- transmission capability or unreason- isting structure. ably compromise the communication b. In approving a tower or antenna system's capability, the village coun- location, the planning commission cil will next consider, in the follow- shall consider the attachment to or ing order of preference, alternative replacement of existing structures properties and zoning districts. which will result in the least visu- 1. C-2, general commercial dis- ally offensive installation to be the trict Supp. No. 16 2486.2 APPENDIX C-ZONING § 45-26 2. COS, conservation and open that the antenna tower and accessory space district equipment buildings will be screened from 3. P, public district view by architectural features, landscap- 4. C-1, neighborhood commercial ing, existing natural vegetation, or will be district or C-3 regional busi- aesthetically designed to blend into and ness district harmonize with the area or location sur- 5. CA, CB, or C1A, restricted or rounding the antenna or antenna tower limited commercial district site in accordance with the village of North Palm Beach Appearance Plan. 6. R3, apartment dwelling district Alternative properties and zoning dis- (5) Antenna or antenna towers shall not be tricts may only be considered after it artificially lighted except as required for has been demonstrated that an an- public safety purposes, or by the Federal tenna tower cannot be located on any higher preferred property or zon- Aviation Administration (FAA). Signage ing district. shall not be allowed except as required for public safety purposes, or by the Federal The village council shall act to ap- Communications Commission (FCC). prove the tower/antenna location by special exception. Upon the granting of a special exception for location, (6) To the extent not in conflict with the the application will be remanded to provisions described above, any proposed the village planning commission for antenna or tower or accessory equipment approval in accordance with article building will be subject to all applicable III of chapter 6 of the village code of village codes and regulations. ordinances. (Ord. No. 12-97, § 1, 2-27-97) Editor's note-Section 45-21, relative to oceanfront land c. In no case may atower/antenna in- in the R-1 district, has been repealed by Ord. No. 4-82, § 1, stallation height exceed more than enacted Jan. 28, 1982. The former section did not bear a twenty (20) feet above the maximum history note. Subsequently, Ord. No. 12-97, § i, adopted Feb. height allowed by this code. 27, 1997 added new provisions pertaining to telecommunica- tions antenna and antenna towers as herein set out. (3) Any applicant .requesting antenna tower location approval is required to accommo- date antenna facilities of other providers (co-location), on a nondiscriminating ba- Sec. 45-22. Oceanfront land-Ocean setback. sis, to avoid duplication of the erection of such towers or provide verifiable objective There shall be a building setback line of not data, why it cannot do so. Moreover, it will less than fifty (50) feet from the dune line, or one be presumed that if a proposed site is hundred (100) feet from the highwater line, which- within one-half mile of an existing an- tenna tower that can reasonably accom- ever distance is greater, for all property bordering modate the applicant's antenna, a denial on the Atlantic Ocean. The measurement of the of the application would not result in an setback from the dune line and the highwater line unreasonable compromise to the applicant's shall be to the closest edge of any building to be communication system capability or an constructed on the Atlantic oceanfront. unreasonable compromise to the antenna (Ord. No. 23-72, § 1) tower's reception or transmission capabil- ity. (4) The applicant must to the fullest extent practicable, demonstrate to the village Secs. 45-23-45-26. Reserved. Supp. No. 16 2486.3 j § 45-27 NORTH PALM BEACH CODE ~ ARTICLE III. DISTRICT REGULATIONS ~ 2. Rear yard. There shall be a rear yard of ' not less than twenty (20) feet measured Sec. 45-27. R-1 single-family dwelling dis- from the rear building line to the rear lot trict. ~e• 3. ,8'ide yards. There shall be a side yard on A. Uses permitted. Within any R-1 single- each side of the side building line of not family dwelling district no building, structure, less than ten (10) feet. In the case of land or water shall be used except for one (1) or corner lots, no building and no addition to more of the following uses: any building shall be erected or placed 1. Single-family dwellings with accessory nearer than twenty (20) feet to the side buildings customarily incident thereto. street line of any such lot. 2. Public schools. (a) For a distance of one block on streets 3. Parks and recreation facilities owned or intersecting U.S. #1, measured from the right-of--way line of said U.S. #1, leased by or operated under the supervi- side yards of at least twenty-five (25) Sion of the Village of North Palm Beach. feet in depth shall be provided. 4. Detached fence storage areas. E. Off-street parking regulations. At least one 5. Satellite dish antenna. parking space of at least two hundred (200) square 6. Community residential homes. Comma- feet shall be provided, consisting of a durable nity residential homes of six (6) or fewer surfaced area, enclosed in the dwelling, in an residents which otherwise meet the deft- accessory building or in an unenclosed area, ex- nition of a community residential home, clusive of the driveway connecting the parking provided that such homes shall not be space with the street. located within a radius of one thousand (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. (1,000) feet of another existing such home No. 17-90, § 2, 6-28-90; Ord. No. 29-95, § 2, with six (6) or fewer residents. 9-28-95) 7. Family day care home. Sec. 45-28. R-2 multiple-family dwelling dis- 8. Lamp post. trict. 9. Decorative post structure. A. Uses permitted. Within any R-2 multiple- family dwelling district, no building structure, B. Building height regulations. No main build- land or water shall be used, except for one (1) or ing shall exceed two (2) stories in height and no more of the following uses: accessory building more than one (1) story. 1. Any use permitted in the R-1 single- C. Building site area regulations. The mini- family dwelling district. mum lot or building site area for each single- family dwelling shall be seven thousand five hundred (7,500) square feet and have a width of not. less than seventy-five (75) feet, measured at the building line. D. Yard space regulations. 1. Front yard. There shall be a front yard of not less than twenty-five (25) feet mea- ' sured from the street line to the front building line. *Cross reference-Home occupations, § 17-2. Sapp. No. 1s 2486.4 APPENDIX C-ZONING § 45-34 2. For general business, commercial or per- 2. In time-share structures, each dwelling sonal service establishments, one (1) space unit having one (1) bedroom shall have a for each one two hundred (200) square minimum floor area of seven hundred feet of nonstorage first floor area, plus one fifty (750) square feet. An additional one (1) space for each two hundred (200) square hundred fifty (150) square feet of floor feet of nonstorage area above the first area shall be required for each additional floor. bedroom provided. 3. Medical or dental offices or clinics, one (1) G. Conditions for permitted uses: space for each one hundred fifty (150) 1. A car wash and car waxing business square feet of floor area, up to three whether in conjunction with a filling sta- thousand (3,000) square feet; one (1) ad- tion or as an independent enterprise shall ditional space for each additional two hun- dred (200) square feet of floor area up to be allowed to utilize an awning structure five thousand (5,000) square feet; one (1) or structure which shall located in the additional space for each additional two rear yard with a minimum five-foot set- hundred fifty (250) square feet of floor back and within the building side lines space in excess of five thousand (5,000) extended. square feet. 2. All activities, sales and storage of goods 4. Offices, one (1) space for each three hun- must be conducted entirely within com- dred (300) square feet of floor area used pletely enclosed buildings with perma- for office purposes. nent nonmoving outside walls. 5. Schools and public buildings, one (1) space 3. No outside sidewalk or parking lot stor- for each four (4) seats in the main audito- age or display of merchandise will be rium or place of assembly. permitted. (Ord. No. 20-72, § l; Ord. No. 4-73; Ord. No. 6. Theaters, auditoriums, one (1) space for 10-73, 8, 9, 9-13-73; Ord. No. 22-82, 8, 9, each four (4) seats. 12-9-82; Ord. No. 9-87, § 2, 5-28-87; Ord. No. 7. No parking shall be permitted in the first 23-90, § 4, 6-28-90; Ord. No. 7-94, § 1, 4-14-94; ten (10) feet of the required front yard Ord. No. 1-95, § 1, 1-12-95; Ord. No. 24-95, § 1, depth, measured from the front property 7-17-95; Ord. No. 48-96, § 1, 12-12-96; Ord. No. line. The restriction against parking in 1-98, 1-7, 1-8-98) the first ten (10) feet of the required front yard depth measured from the front prop- Sec. 45-34. Automotive commercial district.* erty line shall not apply to those proper- A. Uses permitted. Within any C-2 automotive ties which have complied in full with the commercial district, no building structure, land or landscaping provisions of chapter 41-16 v~,ater shall be used, except for one or more of the through 41-25 [chapter 27, article III], following uses: both inclusive. 1. Any use permitted in the C-1A limited 8. Furniture display stores, one (1) space for commercial district. each four hundred (400) square feet of sales area. 2. Any retail business or commercial use 9. Retail business with floor area in excess which does not involve the manufacturing or processing of products. of fifty thousand (50,000) square feet, one (1) space for each two hundred and fifty *Editor's note-Ord. No. 30-97, adopted July 10, 1997, (250) SCluare feet ofnon-Storage floor area, repealed former 45-34, relative to C-2 general commercial district, while Ord. No. 32-97, adopted July 10, 1997, re- F. Floor area regulations. enacted said section to read as herein set out. The provisions of former § 45-34 derived from Ord. No. 15-72, § 1, and Ord. 1. [Reserved.] No. 25-95, § 1, adopted July 17, 1995. Supp. No. 16 2503 § 45-34 NORTH PALM BEACH CODE ~ - I 3. Personal service establishments, includ- be designed and located so as to ing, but not limited to, banks, barber- mitigate and buffer the impact of the shops, bowling alleys, beauty salons, med- aggregated vehicle storage area. ical and dental clinics, professional and 2. Locational and physical restrictions: other offices, funeral homes, filling sta- tions, shoe repair shops, laundry pickup (a) Repair facilities and paint and body shops stations and self service laundries, furni- shall be located at least one hundred (100) feet ture display stores and drugstores. from any residentially-zoned lot. Service bay doors 4. Full service automotive dealerships and shall not be oriented toward any adjacent residen- accessory uses including paint and body tially-zoned property nor oriented toward any shops, repair shops and garages, limou- adjacent public street. sine service and towing service. (b) Accessory fuel pump islands and auto- s. Retail and wholesale sales of new vehicu- mated wash facilities for vehicles shall not be lar parts, equipment and accessories with- located within one hundred (100) feet of any out on-site installation. residentially-zoned property. Wash facilities shall be located within a completely enclosed building. 6. Automobile service shops such as full ser- Fuel pump islands shall. be located within an vice vehicle repair shops, muffler shops, enclosed area so that they are not visible off tire shops, lubrication and oil change, premises. window tinting, wash and detailing, etc. (c) The sale, lease or rental of automobiles, 7. Automobile, truck and trailer rental busi- trucks, motorcycles, and recreational vehicles is ness. allowed only on lots which meet the following 8. Adult entertainment establishment. minimum dimensions and area: j B. Development standards. Every commercial (1) Minimum frontage of 125' I\ use located within the C-2 automotive commercial (2) Minimum width of 125' district shall be so developed as to comply with (3) Minimum depth of 200' the following performance standards: 1. Outside display: Outside display areas for (4) Minimum area of 1.5 acres sale, lease or rental of vehicles shall be C. Use and operating restrictions. Every com- designed as follows: mercial use located within the C-2 automotive (a) Vehicles may be stored on an ap- commercial district shall be so operated as to proved parking surface without ref- comply with the following performance stan- erence to parking stalls, stall strip- Bards: ing or wheel stops. This type of 1. No industrial equipment or vehicles shall parking shall be allowed only pursu- be sold, leased, rented or otherwise stored ant to a site plan review and ap- within the C-2 district. For purposes herein, proval subject to Article III of Chap- industrial equipment is defined as equip- ter 6 of the Village Code of went used primarily for purposes other Ordinances. than transportation or hauling. Trucks (b) Interior landscaping requirements other than pickup trucks, vans and jeeps within outside display areas pursu- shall be displayed in areas separated from ant to Article III of Chapter 27 of the a public right-of--way by a building. I I Village Code of Ordinances shall be 2. No vehicle shall be parked for display met by transferring the required land- purposes with its hood or trunk open, nor scaping to the perimeter of the site elevated off the ground in any way. Vehi- abutting public right-of--ways. The cles shall not be parked in any right-of- transferred landscaped areas shall way or driveway. Supp. No. 16 2504 APPENDIX C-ZONING § 45-34.1 3. Advertising, flags, pennants, streamers, 10. Customer and employee parking require- balloons, signs or vehicle stock numbers ments: One (1) space for each five hun- shall not be displayed on any vehicle or dred (500) square feet enclosed floor area, equipment. Similar objects or advertising plus one (1) space per each four thousand designed to attract the public's attention five hundred (4,500) square feet of out- shall not be displayed outdoors on any lot, door sales display and rental area, plus building, vehicle or equipment. one space per service bay, plus one (1) 4. Any areas designated for the off-loading space per employee of the shift of largest of vehicles or for loading and deliveries employment. Parking for vehicle storage, shall be located to the rear of buildings sales or display may not be counted to- and shall be located so as to contain noise ward meeting the number of required on-site. These areas shall not be located off-street parking spaces to be provided closer than one hundred (100) feet from for customers and employees. any residentially-zoned lot and shall be (Ord. No. 32-97, § 1, 7-10-97; Ord. No. 18-98, § 1, appropriately designated, marked and 8-13-98) signed. Sec. 45-34.1. C-3 regional business district. 5. Dealers are prohibited from using streets The C-3 regional business district is designed in a residential zone for the testing of for the re-use and/or redevelopment of commer- vehicles after servicing and for the dem- cial property. It contains special regulations and onstration of vehicles. procedures that are integrated with those of the 6. Exterior lighting fixtures shall not exceed Town of Lake Park to avoid conflicts that could twenty-five (25) feet in height; shall be otherwise be created by the location of the town/ directed away from adjacent properties; village boundary. Within C-3 business districts, shall confine light to the site only; and the following regulations shall apply: shall not exceed when measured at any (1) Uses permitted. Within the C-3 zoning property line, the following illumination: district, no building, structure, land, or (a) One hundred (100) foot-candles within water shall be used, unless otherwise per- display areas. witted by these regulations, except for (b) Forty (40) foot-candles within all ar- anY combination of the following pur- eas. poses: (c) After 11:00 p.m., the illumination in a. Banks, savings and loans, stockbro- display areas shall be reduced to kegs, and similar fmancial institu- fifty (50) foot-candles. tions. 7. No outdoor speakers or public address b. Business offices, including .medical systems that are audible from the exterior and professional services. of the site shall be permitted. c. Community residential homes, sub- 8. Customer parking shall be marked with ject to the same requirements as an above grade sign and shall be physi- apply in the R-2 zoning district, and tally separated from the vehicle sales, family day care centers as defined in storage and display area. This barrier Chapter 402, Florida Statutes. may be in the form of a landscape strip, d. Hotels, motels, and time-share units. curbing or removable bollards. e. Multiple-family dwellings (each build- 9. The height of buildings, the site area of ing containing three (3) or more units) buildings, yard spaces, and floor area reg- and customary accessory uses, sub- ulations in the C-2 zoning district shall be ject to any limitations on residential the same as required in the C-1 neighbor- uses in the adopted Comprehensive hood commercial district. Plan. Supp. No. 16 2504.1 § 45-34.1 NORTH PALM BEACH CODE ~ _ f. Personal services typically offered in sensus national codes or standards or conjunction with shopping facilities, after submission of persuasive technical such as laundromats, dry cleaners, evidence (such as publications of the In- barber and beauty shops, child care stitute of Transportation Engineers (ITE)). facilities, health clubs, and shops for Modifications that involve shared parking the repair, cleaning, or rental of items on parcels of land that are not under weighing less than one hundred (100) identical ownership, or parking in a dif- pounds. ferent municipality than the principal g. Restaurants and other establish- building regardless of ownership, may be ments where food and/or beverages approved through the special C-3 PUD are prepared and served. procedures found below in section 45- 34.1(10). h. Retail sale of new or antique mer- a. Auditoriums of any kind - 1 space chandise that is displayed indoors per 3 seats. only, whether in freestanding build- ings or in a centrally managed shop- b. Banks and other financial institu- ping center or enclosed mall. bons - 3 spaces per 1,000 square feet. i. Theaters and other entertainment facilities including nightclubs, game c. Hotels and motels - 1 space per rooms, bowling alleys, and similar guest room plus 1 space per 2 em- establishments, provided they are ployees during the peak period; park- fullyenclosed and provided such uses ing for restaurants and other guest shall not include adult entertain- facilities to be calculated separately. went establishments. d. Offices, medicaUdental - 5 spaces per 1,000 square feet. (2) Off-street parking. All proposed land uses shall provide a sufficient number of park- e. Offices, all other - 3 spaces per ing spaces to accommodate the number of 1,000 square feet. vehicles that can be expected to be at- £ Residential - 2 spaces per dwelling tracted to that use. Individual land uses unit. can provide at least the number of spaces g, Restaurants and nightclubs - 12 listed below on the same parcel of land as spaces per 1,000 square feet, except the principal building (or on an adjoining 6 spaces per 1000 square feet for parcel under identical ownership) in lieu restaurants offering take-out ser- ofusing the parking space standards found vice. elsewhere in this Code. However, certain land uses may require less parking; and h. Retail uses and personal services - combinations of land uses may be able to 4 spaces per 1,000 square feet, ex- reduce the total number of spaces by cept 1.5 spaces per 1,000 square feet sharing those spaces during differing peak for furniture sales. hours or because of pedestrian traffic or multi-purpose trips. Modified standards may be approved if fewer spaces will accommodate the number of vehicles that can be expected to be attracted to that use (or combination of uses) at the proposed location. Such a modification may be made on individual parcels of land (or adjoining parcels under identical ownership) by the building official when permitted by con- Supp. No. 16 2504.2 CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 8-96 2- 8-96 1 14-30(2) 12-96 3-28-96 1 2-146 2 2-158 15-96 4-25-96 2 6-17 Rpld 6-18 18-96 5- 9-96 1 2-175 2 2-176 3 2-178 4 Added 2-179 5 Rnbd 2-179 as 2-180 6 Rnbd 2-180 as 2-181 Amnd 2-181 19-96 5-23-96 1 18-34.1 22-96 6-13-96 1 2-26 23-96 6-13-96 1 2-42 28-96 7-25-96 1 2-158(d) 29-96 7-25-96 1 2-163(a) 34-96 8-22-96 1 App. C, § 45-36(N)(1) 35-96 8-22-96 1 App. C, § 45-34.1(9) 37-96 9-26-96 1 17-33 38-96 10-10-96 1 19-202 43-96 12-26-96 1-4 26-51-26-54 45-96 12-12-96 1 18-19 46-96 12-12-96 1 45-31(G)(5) 47-96 12-12-96 1 45-31.1(G)(4) 48-96 12-12-96 1 45-33(E)(2) 1-97 1- 9-97 1 45-34.1 3-97 1- 9-97 1 45-36 L 6-97 1-23-97 1-3 11.5-21-11.5-23 7-97 1-23-97 1 14-30 9-97 2-13-97 1 11-11 10-97 2-27-97 1-4 App. D 11-97 2-27-97 1 12-16 12-97 2-27-97 1 Added 45-21 2 45-2 3, 4 45-36 15-97 2-27-97 1 28-1 16-97 3-13-97 1 2-16 23-97 5- 8-97 1 2-116 2 Added 2-118 30-97 7-10-97 1 Rpld App. C, § 45-34 31-97 7-10-97 1(Exhibit A) Added App. C, § 45-32.1 32-97 7-10-97 1 Added App. C, § 45-34 33-97 7-10-97 1 App. C, § 45-16 35-97 8-14-97 1 21-44 37-97 8-28-97 1 6-113(B)(23) 38-97 8-28-97 1 18-35 41-97 9-25-97 1 26-29 2 26-31 42-97 9-25-97 1 26-51 2 26-53 43-97 10- 9-97 1 9-21 44-97 10- 9-97 1 2-40 2 2-43 Supp. No. 16 2885 NORTH PALM BEACH CODE j t( Adoption Section Ord. No. Date Section this Code i, 1-98 1- 8-98 1 App. C, § 45-33(intro 9U 2 App. C, § 45-33 A. 3 App. C, § 45-33 C. 4 App. C, § 45-33 D. 5 App. C, § 45-33 E.1. 6 Rpld App. C, § 45-33 F.1. 7 App. C, § 45-33 G. 2-98 1- 8-98 1 App. C, § 45-36 P. 3-98 1- 8-98 1 14-30(2) 4-98 1- 2-98 1 App. C, § 45-2 5-98 2-12-98 1 8-16 2 Rpld 8-17 12-98 4-23-98 1 5-1 2-9 5-17-5-24 13-98 5-14-98 1 5-81 2 5-85(12) 14-98 6-25-98 1 2-26 15-98 7- 9-98 1 2-118 17-98 8-13-98 1 App. C, § 45-20(4) 18-98 8-13-98 1 App. C, § 45-34 A. 20-98 8-27-98 1 19-202(b) C I t [The next page is 2933] Supp. No. 16 2886 CODE INDEX Section Section BOARDS, COMMITTEES AND COMMIS- BOATS, DOCKS AND WATERWAYS SIONS. See: DEPARTMENTS AND (Cont'd.) OTHER AGENCIES OF VILLAGE Docks and piers Construction in waters other than BOATS, DOCKS AND WATERWAYS Lake Worth and Atlantic Abandoned boats 5-8 Ocean, regulations govern- Anchoring and mooring ing 5-84 Limitation on anchoring and moor- Definitions 5-81 ing in prohibited area; mooring Generally 5-82 permit required 5-17 Lake Worth and .Atlantic Ocean, Unlawfully anchored or moored ves- regulations governing con- sels struction in 5-85 Claiming of vessel by owner; pay- Minimum design requirements... 5-83 went of costs 5-22 Variances 5-86 Department of public safety to im- Erasion control structures pound 5-18 Construction 5-95 Owner to be notified upon impound- Control 5-96 went 5-19 Definitions 5-93 Procedure in event owner cannot Permitted, when 5-94 be found 5-20 Piers. See within this subheading: Reclamation of owner after sale.. 5-23 Docks and Piers Unclaimed vessel to be sold; certi- Seawalls. See within this subhead- fication of sale 5-21 ing: Bulkheads and Seawalls Use of vessel for dwelling purposes in Definitions 5-1 prohibited area 5-24 Disturbing other boats 5-6 Authority of city to board boats violat- Exhibition boats exempted from certain ing provisions 5-16 restrictions..................... 5-4 Boat launching area Flood damage prevention provisions... 12.5-1 et seq. Abandoned boats and equipment See: FLOOD DAMAGE PREVEN- Disposition 5-36 TION Recovery 5-37 Health and sanitation requirements Designated; use restricted.......... 5-33 Cleanliness of docks 5-11 Permits required 5-35 Observance of village health and con- Repairs prohibited 5-34 duct rules.................... 5-10 Bulkhead lines 7-1 et seq. Pollution of waterways............. 5-13 See: BULKHEAD LINES Refuse disposal 5-12 Coastal construction code 6-151 et seq. Living aboard boats restricted 5-15 See: COASTAL CONSTRUCTION Marine sanctuaries CODE Designation of waters as marine sanc- Code enforcement board, applicability tuaries re 2-173 Area to be regulated 5-101(c) Construction requirements Areas designated 5-101(b) Bulkheads and seawalls Construction of provision 5-101(d) Compliance with provisions re- Definition 5-101(a) quired 5-69 Parking Inspection required 5-73 Boating equipment; parking on resi- Permit fee 5-72 dential property restricted 18-35 Specifications 5-71 Prohibited parking for vehicle, trailer Submission of plans and specifica- or boat upon paved or unpaved tions 5-70 area of the road right-of--way of Canals specific roadways 18-34.1 Canal crossings 5-60 Private docks, mooring without permis- Compliance with .provisions re- sion 5-9 quired 5-56 Running engines, hours in residential Drainage canals 5-59 districts........................ 5-14 General requirements 5-57 Searchlights, use of 5-7 Navigation canals 5-58 Speed limits; wakes 5-2 Surety bond prerequisite to issu- Subdivision provisions re waterways 36-22 et seq. ante of building permit in See: SUBDIVISIONS (Appendix B) certain cases 5-61 Swimming in restricted waters 5-3 Supp. No. 16 2937 NORTH PALM BEACH CODE /- Section Section t( BOATS, DOCKS AND WATERWAYS BUILDINGS (Cont'd.) (Cont'd.) Handicapped persons II Water skiing 5-5 Accessibility to buildings; state law adopted 6-2 BOISTEROUS CONDUCT Housing code 15-1, 15-2 Noisy and boisterous 19-106 Landscaping...... 27-31 et seq. BONDS See: LANDSCAPING Administrative code; bonds required of Minimum construction standards certain officers 2-42 Authority.......... 6-16 Canal construction; surety bond prereq- Codes adopted 6-17 uisite to issuance of building per- Piolations and penalty 6-19 Missiles, throwing 19-83 mit 5-61 Noise from buildin Finance director, duties re............ 2-59(7) g•••••••••••••••••• 19-102 Treasure's duties re proceeds of bonds . 2-51(5) Obstructing passageway 19-47 Outdoor displays. See herein: Signs and Village manager 2-117 Outdoor Displays BRUSH. See: WEEDS AND BRUSH Park and recreation facilities; erecting buildings or structures 20-3 BUILDINGS Public land, construction on prohibited 6-1 Appearance code Public services department; division of Appeals and review 6-35 permits and inspections 2-85(1) Appearance plan 6-33 Signs and outdoors displays 6-111 et seq. Certificate of appropriateness See: SIGNS AND BILLBOARDS Final hearings 6-57 Smoke, dust, odors, liquids, etc........ 19-9 Follow-up by building inspector 6-60 Spitting in public places prohibited.... 19-5 Planning commission Stormwater management; level of fin- Action of 6-58 fished floor of structures 21-63 Approval by 6-59 Subdivision regulations 36-1 et seq. Preliminary consideration 6-56 See: SUBDIVISIONS (Appendix B) Definition.... 6-31 Swimming pools 25-1 et seq. Intent and purposes 6-32 See: SWIMMING POOLS Planning commission, powers and du- Zoning regulations 45-1 et seq. ties re 6-36 See: ZONING (Appendix C) Short title 6-30 Appearance plan (Appendix A). See that BULKHEAD LINES subject Code enforcement board, applicability Coastal construction code 6-151 et seq. re.............................. 2-173 See: COASTAL CONSTRUCTION Established; designated 7-1 CODE Filling operation beyond bulkhead line Code enforcement board, applicability prohibited 7-2 re 2-173 Filling permit Codes Application fees 7-19 Appearance code. See herein that sub- Application; issuance 7-18 ject Expiration date; renewal; revocation 7-20 Coastal construction code 6-151 et seq. Public hearing prerequisite to consid- Electrical code 11-11, 11-12 eration 7-17 Re uired 7-16 ~ Energy efficiency building code 6-150 q Fire prevention code 12-16, 12-17 Unlawful fill; removal................ 7-3 Housing code 15-1, 15-2 BULKHEADS Minimum construction standards Bulkheads and seawalls, construction Codes adopted 6-17 requirements re 5-69 et seq. Country club 9-1 et seq. See: BOATS, DOCKS AND WATER- See: COUNTRY CLUB WAYS Electrical code 11-11, 11-12 Energy efficiency building code BUSINESS REGULATIONS Adopted by reference 6-150 Ambulances 17-50, 17-51 Fire district 6-3 Businesses located outside village lim- Flood damage prevention 12.5-1 et seq. its See: FLOOD DAMAGE PREVEN- Application for certificate of regula- TION tion 17-34.2 Supp. No. 16 2938 CODE INDEX Section Section BUSINESS REGULATIONS (Cont'd.) CERTIFICATES Certificate of business regulation re- Appearance code; certificate of appropri- quired; basis of one year 17-34 ateness . 6-56 et seq. Commercial vehicles, marking of 17-34.13 See: BUILDINGS Compliance by principal deemed com- Boats, docks and waterways; unlaw- pliance by agent 17-34.8 fully anchored or moored vessels Delinquency penalty 17-34.4 Unclaimed vessel to be sold; certifi- Doing business not covered by certif- cation of sale 5-21 icate of regulation 17.34-7 Businesses located outside village lim- Duplicate certificates of regulation.. 17-34.6 its, certificate of business regula- Duration 17-34.3 tions re 17-34 et seq. False statements See: BUSINESS REGULATIONS Certificate obtained void ab initio 17-34.7 Emergency medical services 11.5-21 Engaging in business without cer- Historic site overlay district; certificate tificate of regulation or un- of appropriateness 45-37(H) der certificate issued on 17-34.11 Fee exemptions 17-34.10 CIVIL DISORDERS AND DISTUR- Fee schedule 17-34.12 BANCES Half-year certificate 17-34.3 Mayor designated local authority for Issuance of certificate 17-34.3 preservation of public peace 8-16 Noncompliance of principal......... 17-34.8 CLERK Nonprofit enterprise, special permit Department of records, provisions re for 17-34.5 village clerk and deputy village Refund of fee 17-34.9 clerk........................... 2-67 et seq. Registration required 17-34.1 See: DOCUMENTS AND PUBLIC Renewal 17-34.4 RECORDS Suspension or revocation of certifi- cate 17-34.9 CLUBS When due and payable 17-34.3 Country club 9-1 et seq. Garage and other sales 17-61 et seq. See: COUNTRY CLUB See: GARAGE AND OTHER SALES COASTAL CONSTRUCTION CODE Home occupations . . 17-2(a) et seq. Coastal construction requirements See: HOME OCCUPATIONS Location of construction............ 6-155(4) Occupational licenses 17-16 et seq. Major structures, structural require- See: LICENSES AND PERMIT , , , , , , , , 6-155(1) Wellfield protection ments for . Regulation of business activities with Minor structures, structural require- potential to contaminate land ments for 6-155(3) and water resources 19-221 Nonhabitable major structures, struc- tural requirements for 6-155(2) Zoning Public access 6-155(5) Location of business For retail sales Definitions . 6-154 of alcoholic beverages......... 45-20(2), 45-36.N Flood damage prevention 12.5-1 et seq. C-3 Regional Business District... 45-34.1(9) See: FLOOD DAMAGE PREVEN- TION C Purpose 6-152 CABLE TELEVISION. See: TELEVISION References . 6-156 Scope CAMPING Applicability 6-153(a) Recreational, boating and camping equip- Exceptions 6-153(b) ment; parking on residential prop- Permits, application for 6-153(c) erty restricted 18-35 Title................................ 6-151 CANALS CODE ENFORCEMENT BOARD Construction requirements 5-56 et seq. Alarm regulations, enforcement re 19-217 See: BOATS, DOCKS AND WATER- Applicability 2-173 WAYS Declaration of legislative intent 2-171 Definitions 2-172 CATS Enforcement procedure 2-175 Regulations enumerated 4-24 et seq. Fines; liens See: ANIMALS AND FOWL Appeals 2-180 Supp. No. 16 2939 NORTH PALM BEACH CODE -- Section Section CODE ENFORCEMENT BOARD (Cont'd.) COUNTRY CLUB Copies of orders imposing fines..... 2-178(d) Administrative board Determination of amount of fine.... 2-178(b) Compensation 9-19 Duration of lien 2-179 Composition 9-17(a) 'I Generally 2-178(a) Created........................... 9-16 ~ Notices 2-181 Duties Reduction of fine 2-178(c) Finances 9-21(c) Hearing, conduct of 2-176 Management and administration. 9-21(a) Organization Rules and regulations 9-21(b) Attorney 2-174(c) Meetings 9-20 Officers; quorum; compensation 2-174(b) Officers' quorum 9-19 Qualifications and term............ 2-174(a) Removal 9-18 Powers 2-177 Terms 9-17(b) Vacancies 9-17(c) CODE OF ORDINANCES* Village manager 9-22 Altering Code 1-7 Finances Amendments 1-6 Delinquent accounts; penalties 9-32 Catchlines 1-3 premises Court cost Disfiguration and/or removal ofbuild- Assessment of additional court costs for criminal justice education ing or other property 9-1(1) Enforcement 9-2 expenditures 1-9 Hours 9-1(2) Definitions and rules of construction 1-2 Signs 9-2 Designated and cited 1-1 Violations and penalties 9-2 References to chapters or sections 1-3 Repeal of ordinances, effect of......... 1-4 COUNTY Severability of parts 1-5 Definitions and rules of construction 1-2 Village clerk, duties re recording ordi- COURTS nances 2-67(3) Violations and penalty 1-8 Court cost Assessment of additional court costs COIN-OPERATED AMUSEMENTS for criminal justice education Proximity to schools restricted 19-4 expenditures 1-9 COMBAT AUTO THEFT (CAT) Establishment, regulations 18-19 D COMMITTEES, COMMISSIONS. See: DE- DECALS PARTMENTS AND OTHER AGEN- Combat Auto Theft (CAT) 18-19 CIES OF VILLAGE DEPARTMENTS AND OTHER AGEN- COMMUNICATIONS CIES OF VILLAGE Telecommunications service tax....... 26-51 et seq. Administrative code 2-39 et seq. See: TAXATION See: ADMINISTRATIVE CODE Appearance board. See: APPEARANCE COMPUTATION OF TIME PLAN (Appendix A) Definitions and rules of construction 1-2 Code enforcement board 2-171 et seq. Committees and boards generally; resi- CONCURRENCY MANAGEMENT dency requirements 2-1 Provisions enumerated 21-41 et seq. Country club administrative board 9-16 et seq. See: PLANNING AND DEVELOP- See: COUNTRY CLUB MENT Finance, department of 2-59 CONTRACTS AND AGREEMENTS See: FINANCES I Fire and police retirement board of trust- Finance director, duties re contracts... 2-59(3), (7) ees 2-164 et seq. COUNCIL. See: VILLAGE COUNCIL See: PENSIONSAND RETIREMENT Fire division 12-29 et seq. *Note-The adoption, amendment, repeal, omissions, effec- See: FIRE PREVENTIONAND PRO- tive date, explanation of numbering system and other matters TECTION pertaining to the use, construction and interpretation of this General employees retirement board 2-151 et seq. Code are contained in the adopting ordinance and preface See: PENSIONSAND RETIREMENT which are to be found in the preliminary pages of this volume. Library board 16-16 et seq. Supp. No. 16 2940 CODE INDEX Section Section DEPARTMENTS AND OTHER AGEN- CIES OF VILLAGE (Cont'd.) Library, department of 2-93 Meetings of boards and commissions; adjournment of 2-3 Meetings of specific boards, etc. See specific subjects Planning and development board of ad- justment 21-21 Planning commission 21-11, 21-12 Public safety, department of 2-75, 2-76 See: PUBLIC SAFETY DEPART- MENT Public services, department of 2-84, 2-85 See: PUBLIC SERVICES DEPART- MENT Records, department of 2-67 et seq. See: DOCUMENT AND PUBLIC RECORDS Recreation department 2-110 Recreation advisory board.......... 20-61 et seq. See: PARKS, PLAYGROUNDS AND RECREATION Reserve police force 23-42 et seq. See: POLICE Treasury department of 2-51 See: TREASURY DEPARTMENT Village council 2-16 et seq. DEVELOPMENTS. See: PLANNINGAND DEVELOPMENT DISABLED AND HANDICAPPED PER- SONS Buildings Accessibility to handicapped per- sons; state law adopted 6-2 Parking violations re handicap spaces . 18-37 DISTRICTS Fire districts 6-3 Zoning regulations 45-16 et seq. See: ZONING (Appendix C) DISTURBANCES. See: CIVIL DISOR- DERS AND DISTURBANCES Supp. No. 16 2940.1 l CODE INDEX Section Section FIRE PREVENTIONAND PROTECTION FLOOD DAMAGE PREVENTION (Cont'd.) (Cont'd.) Methods of reducing flood losses 12.5-4 Hazardous substances, cost recovery for Noncompliance, penalties for 12.5-11 cleanup, abatement and removal Statement of purpose and objectives... 12.5-3 of Statutory authorization 12.5-1 Authority of public safety depart- Variance procedure 12.5-24 ment 12-102 FLORIDA, STATE OF. See: STATE Cost reimbursement to village...... 12-103 Definitions 12-101 FOLLOWING, PRECEDING Exceptions for fire suppression ser- Definitions and rules of construction 1-2 vices 12-105 FORFEITURES. See: FINES, FORFEI- Latefee for failure to reimbursement 12-106 Records 12-104 TURES AND OTHER PENALTIES Remedies 12-107 FOWL. See: ANIMALS AND FOWL Pension and certain other benefits for fire and police employees 2-159 et seq. FRANCHISES See: PENSIONSAND RETIREMENT Enumerated. See Appendix D Use of rights-of--way for utilities....... 28-1 et seq. FIREARMS AND WEAPONS See: UTILITIES Concealed weapons, carrying 19-184 Forfeiture; disposition 19-186 G Possession 19-183 Sales restricted GAMBLING Record of sales required 19-185(c) Animals, causing to fight 4-8 Specified weapons, display and sale GARAGE AND OTHER SALES of 19-185(b) Garage sales 17-61 Switchblade knives prohibited...... 19-185(a) Permit required 17-62 Stench bombs prohibited 19-82 Violations and penalties.............. 17-63 See: STENCH BOMBS GARBAGE AND TRASH FLOOD DAMAGE PREVENTION Abandoned, inoperative and junked prop- Abrogation and greater restrictions 12.5-8 erty Areas of special flood hazard Definitions 14-37 Basis for establishment............ 12.5-7 Disposition of property 14-48 Warnings regarding designations 12.5-10 Hearing Building official Procedure for hearing 14-45 Designated as flood damage control Request for hearing 14-44 administrator 12.5-21 Impounded property, redemption of . 14-51 Duties and responsibilities 12.5-23 Liability of owner or occupant 14-52 Definitions 12.5-5 Notices Development permit Content of notice 14-42 Required 12.5-22 Contents of public sale notice 14-49 Findings of fact 12.5-2 Notice of removal 14-47 Flood hazard reduction provisions Notice to remove 14-40 Coastal high hazard areas 12.5-44 Procedure 14-41 General standards Prima facie evidence of violation.... 14-39 Anchoring 12.5-41(1) Prohibited conditions;enumeratedex- Construction materials and meth- ceptions 14-38 ods 12.5-41(2) Public sale........................ 14-50 Enclosures below lowest floor 12.5-41(6) Removal of property from premises . 14-46 Mechanical and utility equipment 12.5-41(5) Responsibility for removal 14-43 Subdivision proposals........... 12.5-41(4) Boats; refuse disposal 5-12 Utilities 12.5-41(3) Garbage collection and disposal Regulatory floodways 12.5-43 Charges Sand dunes and mangrove stands 12.5-45 Commercial use property waste Specific standards disposal fees and collection Nonresidential construction...... 12.5-42(2) procedures 14-30 Residential construction......... 12.5-42(1) Fee for excess amounts from com- Interpretation 12.5-9 mercial establishments..... 14-28 Lands to which provisions applies 12.5-6 Generally 14-27 Supp. No. 16 2943 i NORTH PALM BEACH CODE Section Section GARBAGE AND TRASH (Cont'd.) HITCHHIKING When and where paid........... 14-29 Prohibitions 19-6 Definition 14-23 Frequency of collection 14-26 HOME OCCUPATIONS Garbage cans Definitions 17-2(b) Effective date 17-2(i) Kept covered 14-25 Required 14-24 Occupational licenses. See also that sub- Landsca m refuse container areas... 27-41 ject p g' Generall Public services department Y••••••••••••••••••••••••• 17-16 et seq. Refuse disposal division............ 2-85(5) Home occupation provisions Weeds and brush 14-79 et seq. Affidavit of applicant required 17-2(e) See: WEEDS AND BRUSH Appeals 17-2(g) Requirement of occupational li- GATHERINGS. See: ASSEMBLIES tense 17-2(c) Permitted uses, home occupations as 17-2(a) GENDER Repeal of ordinances 17-2(h) Definitions and rules of construction 1-2 Standards 17-2(d) Violation of standards or conditions GUNS. See: FIREARMS AND WEAPONS deemed a Code violation......... 17-2(f) HORNS H Noise control 19-103 HANDBILLS HOUSING Distribution restricted 19-7 Boats, docks and waterways; anchoring and mooring HANDGUNS. See: FIREARMS AND Use ofvessel for dwelling purposes in WEAPONS prohibited area 5-24 HANDICAPPED PERSONS. See: DIS- HOUSING CODE T- ABLEDAND HANDICAPPED PER- Adopted by reference 15-1 SONS Amendments 15-2 Code enforcement board, applicability HAZARDOUS SUBSTANCES re 2-173 Recovery of costs for cleanup, abate- ment and removal 12-101 et seq. I See: FIRE PREVENTIONAND PRO- TECTION IMPERSONATION Impersonating police officer; fireman or HEALTH AND SANITATION other village official 19-8 Animals and fowl, provisions re 4-11 et seq. See: ANIMALS AND FOWL IMPOUNDMENT Bathing regulations Abandoned, inoperative and junked prop- Diseased persons prohibited from erty bathing in public pool, etc..... 19-3 Redemption of impounded property. 14-51 Boats, docks, etc., provisions re 5-10 et seq. Boats, docks and waterways; unlaw- See: BOATS, DOCKS AND WATER- fully anchored or moored vessels WAYS Department of public safety to im- Code enforcement board, applicability pound 5-18 I~ re 2-173 Owner to be notified uponimpound- Garbage and trash 14-23 et seq. ment...................... 5-19,5-20 See: GARBAGE AND TRASH Dogs and cats 4-30 Park and recreation facilities; failure to INDECENCY AND OBSCENITY cooperate in keeping restrooms Adult entertainment establishments neat or sanitary 20-2 Zoning regulations re. See: ZONING Rabies control 4-42 et seq. (Appendix C) See: ANIMALS AND FOWL Topless costumes 19-64 Weeds and brush 14-79 et seq. Vulgar language 19-65 See: WEEDS AND BRUSH Window peeping 19-66 HEDGES. See: FENCES, WALLS, INSURANCE EXCISE TAXES HEDGES AND ENCLOSURES Casualty insurance premiums 26-16 Supp. No. 16 2944 CODE INDEX Section Section INSURANCE EXCISE TAXES (Cont'd.) LANDSCAPING (Cont'dJ Property insurance premiums......... 26-17 Required landscaping adjacent topub- INTRACOASTAL WATERWAY lic rights-of--way 27-63 Marine sanctu gn Scope, applicability 27-59 ary, desi ation as 5-101 Sight distance adjacent to public INVESTMENTS rights-of--way and points of ac- Allowable investment activity for vil- cess 27-66 lage funds 2-4 Certificate of completion.............. 27-35 Code enforcement board, applicability J re 2-173 Completed landscaping required for cer- JOINT AUTHORITY tificate of use and occupancy..... 27-37 Definitions and rules of construction 1-2 Definitions 27-31 Improved nonresidential properties in JUNK existence on September 23, 1971 Abandoned, inoperative and junked prop- Applicable requirements 27-40(b) erty 14-37 etseq• Exceptions........................ 27-40(c) See: GARBAGE AND TRASH Objectives 27-40(a) Planning commission, submission of K Plans to 27-40(d) Objectives 27-32 KNIVES. See: FIREARMS AND WEAP- Off-street parking landscape manual 27-38 ONS Plot use plan approval prerequisite to issuance of permits for building I, and paving 27-37 Refuse container areas 27-41 LAKE WORTH Scope; applicability 27-34 Bulkheads and seawalls; regulations gov- Weeds and brush 14-79 et seq. erring construction 5-84 See: WEEDS AND BRUSH Marine sanctuary, designation as 5-101 Zoning ordinance, conflict with........ 27-39 LAND LIBRARY Buildings; construction on public land Damaging property unlawful 16-1 prohibited 6-1 Department of library Planning and development 21-01 et seq. See: PLANNING AND DEVELOP- Librarian 2-93 MENT Library board Subdivision regulations 36-1 et seq. Appointment...................... 16-17 See: SUBDIVISIONS (Appendix B) Compensation, service without 16-20 Composition 16-17 LANDSCAPING Established . . 16-16 Accessways 27-36 Meetings 16-23 Appearance plan (Appendix A). See that Organization 16-21 subject Powers and duties 16-22 Application of provisions; enforcement. 27-33 Qualifications 16-19 Certain yard areas, off-street parking Removal from office 16-24 and other vehicular use areas Term of office 16-17 Existing plant material............ 27-67 Vacancies 16-18 Installation 27-60 Maintenance 27-61 LICENSES AND PERMITS Parking area interior landscaping 27-65 Alarm permit 19-208 et seq. Perimeter landscaping relating to See: ALARMS abutting properties 27-64 Boat launching area permits.......... 5-34 Plant material Boats, docks and waterways Ground covers 27-62(e) Limitation on anchoring and moor- Lawn grass 27-62(f) ing in prohibited area; mooring Quality 27-62(a) permit required 5-17 Shrubs and hedges 27-62(c) Bulkhead lines; filling permit......... 7-16 et seq. Tree species 27-62(b) See: BULKHEAD LINES Vmes 27-62(d) Bulkheads and seawalls.............. 5-72 Supp. No. 16 2945 NORTH PALM BEACH CODE ~-- Section Section LICENSES AND PERMITS (Cont'd.) LICENSES AND PERMITS (Cont'dJ Code enforcement board, applicability Public services department, division of re 2-173 permits and inspections......... 2-85(1) Driveways. See herein: Sidewalk and Seawalls. See herein: Bulkheads and Driveway Permits Seawalls Emergency medical services 11.5-21 Sidewalk and driveway permits 24-55 et seq. Flood damage prevention development See: STREETS, SIDEWALKS AND permit 12.5-22 PUBLIC PLACES Garage, related sales 17-62 Street excavation permits 24-25, 24-29 Home occupations. See also that subject Swimming pool construction permit 25-23, 25-24 Generally 17-16 et seq. Treasure's duties re permits and li- Occupational license for home oc- tenses 2-51(11) cupations 17-2(c) et seq. Utilities Noise control; special permits excepted 19-119 Use ofrights-of--way for utilities; writ- ~ Occupational licenses ten permit 28-2, 28-3 i Application for 17-18 Commercial vehicles, marking of . • . 17-33.1 LOTS Compliance by principal deemed tom- Subdivision design standards 36-18 pliance by agent 17-29 Zoning regulations................... 45-1 et seq. Delinquency penalty 17-20 See: ZONING (Appendix C) Doing business not covered by li- LOUDSPEAKERS tense 17-28 Noise control policy re loudspeakers and Duplicate licenses 17-27 devices for advertising 19-105 Duration 17-19 False statements Engaging in business without li- M tense or under license issued MANAGER. See: VILLAGE MANAGER on 17-32 License obtained by void ab initio 17-28 MANGROVE STANDS Half-year license 17-19 Flood damage prevention provisions... 12.5-45 Home occupations. See also that sub- ject MAPS. See: SURVEYS, MAPSAND PLATS Generally 17-16 et seq. MARINE SANCTUARIES Occupational license for home Designated 5-101 occupations 17-2(c) et seq. Issuance 17-19 MAY, SHALL Noncompliance of principal......... 17-29 Definitions and rules of construction 1-2 Nonprofit enterprise, special permit for 17-22 MAYOR Posted or carried, license to be 17-26 Civil disorders and disturbances; mayor Refund of fee 17-30 designated local authority for pres- Registration required 17-17 ervation of public peace 8-16 Renewal 17-20 Village council; presiding officer at meet- Required;basis of one year......... 17-16 2-18 Specified professions, how tax con- MEASURES. See: WEIGHTS AND MEA- strued as to... • 17-21 SURES Suspension or revocation........... 17-30 Tax exemptions 17-31 MEDICAL SERVICES Tax schedule 17-33 Emergency medical services 11.5-21 et seq. Transfer of license See: EMERGENCIES New location 17-25 New owner 17-24 MEETINGS. See: ASSEMBLIES Variable factors within applicant's MISSILES, STONES, ETC. knowledge, declaration where Throwing missiles 19-83 fee depends on 17-23 When due and payable 17-19 MONTH Park and recreation facilities; meeting Definitions and rules of construction 1-2 and gathering permits 20-31 et seq. See: PARKS, PLAYGROUNDS AND MONUMENTS RECREATION Subdivisions, required improvements re 36-27 Supp. No. 16 2946 CODE INDEX Section Section MOTOR VEHICLES AND TRAFFIC Ambulances 17-50, 17-51 Businesses located outside village lim- its; marking of commercial vehi- cles 17-34.13 Combat Auto Theft (CAT) 18-19 Fire division, provisions re cars and designated emergency vehicles 12-31 et seq. See: FIRE PREVENTIONAND PRO- TECTION Hitchhiking prohibited 19-6 Junked vehicles Abandoned, inoperative and junked property 14-37 et seq. See: GARBAGE AND TRASH Noise control policy, provisions re 19-103 et seq. See: NOISE Occupational licenses; marking of com- mercial vehicles 17-33.1 Park regulations re traffic 20-5 Parking. See herein: Stopping, Stand- ing and Parking Public safety department Police division, provisions re traffic . 2-76(b)(5) Public services department Division of signal service........... 2-85(3) Supp. No. 16 2946.1 1 l CODE INDEX Section Section PENSIONS AND RETIREMENT (Cont'd.) PENSIONS AND RETIREMENT (Cont'd.) Purpose 2-170 Benefit plan, optional Sponsor, name of 2-170.1 Applicability to employees 2-158(a) Trustee and contact person......... 2-170.10 Member contributions Vesting provisions, schedule of 2-170.8 Amount 2-158(d)(1) Village contributions 2-170.9 Duration..................... 2-158(d)(2) Pension and certain other benefits for Guaranteed refund 2-158(d)(4) fire and police employees Interest 2-158(d)(3) Benefit amounts Retirement benefit 2-158(c) Cost of living 2-161(g) .Retirement date 2-158(b) Disability retirement............ 2-161(e) Definitions 2-146 Early retirement 2-161(b) Discharged members 2-156(a) Formula 2-161(c) Incompetents 2-156(d) Limitation on 2-161(h) Membership Normal retirement benefit....... 2-161(a) Application for membership 2-147(b) Preretirement death 2-161(d) Change in designation of benefi- Termination benefits and vesting. 2-161(f) cia 2-147(c) Board of trustees ~ " " " " " " " " ' Conditions of eligibility.......... 2-147(a) Bring and defend lawsuits Powers 2-164(e) Nonassignability 2-156(b) Normal and optional forms of bene- Composition 2-164(a) fits........................... 2-149 Forfeiture ofinembership onboard Pension validity 2-156(c) for absenteeism............ 2-164(b) Repeal or termination of system 2-155 Meetings 2-164(d) Retirement board Power and authority 2-166 Additional rules and regulations Reports and records 2-164(c) authorized 2-152 Contributions Established 2-151 Employer 2-163(c) Investing funds; custodian of secu- Forfeitures 2-163(d) rities...................... 2-153 Member 2-163(a) Oaths of office; meetings; quorum 2-154 State 2-163(b) Social securit 2-136 et se y q. Definitions 2-159 See: SOCIAL SECURITY Direct transfers of eligible rollover Volunteer firefighters, length of service distribution 2-170 award plan for. See herein: Length Discharged members 2-169(a) of Service Award Plan for Volun- Incompetents 2-169(d) teer Firefighters Insurers, tax on 2-167 Membership PERMITS. See: LICENSES AND PER- Application for membership 2-160(b) MITS Buy-back of previous service..... 2-160(d) Changes in designation of benefi- PERSON ciary 2-160(c) Definitions and rules of construction 1-2 Conditions of eligibility.......... 2-160(a) Nonassignability 2-169(b) PIERS Number and gender 2-169(e) Docks and piers, construction require- Optional forms of benefits.......... 2-162 menu re 5-81 et seq. Pension validity 2-169(c) See: BOATS, DOCKS AND WATER- Repeal or termination of plan 2-168 WAYS Tax on insurers 2-167 Pension and certain other benefits for PLANNING AND DEVELOPMENT general employees Appearance plan (Appendix A). See that Benefit amounts and eligibility subject Direct transfers of eligible rollover Archaeological site protection regula- distribution 2-157 tions........................... 21-101 et seq. Early retirement 2-148(d) See:ARCHAEOLOGICALSITE PRO- Late retirement 2-148(c) TECTION Preretirement death 2-148(e) Board of adjustment Retirement benefit 2-148(b) Composition; conduct generally Retirement date 2-148(a) Administrative orders, review of . 21-21(d) Termination of employment...... 2-148(f) Created 21-21(a) Supp. No. 16 2949 NORTH PALM BEACH CODE Section Section PLANNING AND DEVELOPMENT PLANNING COMMISSION (Cont'dJ (Cont'd.) Meetings 21-11(c) Decision. of administrative official, Membership 21-11(b) appeals to board from 21-21(e) Powers and duties 21-17.(d) Hearing of appeals 21-21(g) Zoning ordinances, changes to 21-12 Judicial review of decisionsofboard 21-21(h) PLATS. See: SURVEYS, MAPS AND Membership; terms; alternate; com- PLATS pensation 21-21(b) Powers and duties 21-21(c) PLAYGROUNDS. See: PARKS, PLAY- Stay of work and proceedings on GROUNDS AND RECREATION appeal 21-21(f) Comprehensive plan POLICE Adoption 21-O1 Court cost Filing fees and costs for changes Assessment of additional court costs Enactment and authority........ 21-1(a) for criminal justice education Fee; application 21-1(c) expenditures................. 1-9 Jurisdiction 21-1(b) Department of public safety, provisions Planning commission, advise of 21-1(d) re police division 2-76(b) Concurrency management See: PUBLIC SAFETY DEPART- Adequate public facilities available MENT to service development........ 21-45 Elections; policemen to be present at Application 21-42 polling place.................... 10-77 Definitions 21-44 Fire division, provisions re police assis- Intent and purpose tance 12-43 Comprehensive plan, implementa- Impersonating police officer 19-8 tion of 21-43(a) Pension and certain other benefits for Management/monitoring and reg- fire and police employees 2-159 et seq. ulatory program, establish- See: PENSIONSAND RETIREMENT went of 21-43(b) Reserve force Minimum requirements 21-43(c) Application for membership 23-43 1\ Management and monitoring pro- Compensation 23-50 gram Created; purpose 23-42 Amendments to CIE and annual Director of public safety, appoint- budget, recommendations on 21-46(c) went to serve by 23-45 Annual public facilities update re- Oath required 23-47 port 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 POLLUTION determine 21-47(c) Smoke, dust, odors, liquids, etc........ 19-9 Short title 21-41 Stormwater management provisions re Filing fees and costs for voluntary an- pollutant loads 21-67 nexation of land Waterways, pollution of 5-13 Enactment and authority 21-2(a) Wellfield protection Regulation of business activities with Fees: application 21-2(c) Jurisdiction 21-2(b) potential to contaminate land Planning commission, advice of..... 21-2(d) and water resources 19-221 Stormwater management............ q. 21-61 et se PRECEDING, FOLLOWING See: STORMWATER MANAGE- Definitions and rules of construction 1-2 MENT Subdivision regulations 36-1 et seq. PROFANITY See: SUBDIVISIONS (Appendix B) Vulgar language prohibited in public Zoning regulations 45-1 et seq, places........... 19-65 See: ZONING (Appendix C) PROPERTY PLANNING COMMISSION Abandoned, inoperative and junked prop- Composition; conduct generally erty 14-37 et seq. Created 21-11(a) See: GARBAGE AND TRASH Supp. No. 16 2950 I I CODE INDEX Section Section PROPERTY (Cont'd.) R Appearance plan (AppendixA). See that subject RABIES CONTROL Boats, docks and waterways; unlaw- Provisions enumerated 4-42 et seq. fully anchored or moored vessels See: ANIMALS AND FOWL Unclaimed vessel to be sold; certifi- RADIOS cation of sale 5-21 Noise control 19-104 Definitions and rules of construction 1-2 Police division, provisions re radio main- Dogs on property of others............ 4-28(b) tenance 2-76(b)(6) Insurance excise taxes; property insur- ance premiums 26-17 REASONABLE TIME Noise from property 19-102 Definitions and rules of construction 1-2 Subdivision regulations 36-1 et seq. RECORDS. See: DOCUMENTS AND PUB- See: SUBDIVISIONS (Appendix B) LIC RECORDS Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH RECREATION. See: PARK, PLAY- GROUNDS AND RECREATION PUBLIC PLACES. See: STREETS, SIDE- REFUSE. See: GARBAGE AND TRASH WALKS AND PUBLIC PLACES RESTROOMS PUBLIC RECORDS. See: DOCUMENTS Parks and recreation facilities; failure AND PUBLIC RECORDS to cooperate in keeping restrooms neat or sanitary 20-2 PUBLIC SAFETY DEPARTMENT RETIREMENT. See: PENSIONSAND RE- Boats, docks and waterways; unlaw- TIREMENT fully anchored or moored vessels Department of public safety to im- S pound 5-18 Director's duties SAND DUNES Designate instructor 2-75(2) Flood damage prevention provisions... 12.5-45 Make assignments 2-75(1) SANITATION. See: HEALTH AND SANI- Divisions Fire TATION Fire fighting 2-76(c)(3) SCHOOLS Fire prevention 2-76(c)(4) Coin-operated amusements; proximity Maintain equipment 2-76(c)(2) to schools restricted 19-4 Report losses 2-76(c)(1) SEAWALLS Generally 2-76(a) Police Bulkheads and seawalls, construction Crime prevention 2-76(b)(3), (4) requirements re 5-69 et seq. See: BOATS, DOCKS AND WATER- Investigation 2-76(b)(3) WAYS Patrol 2-76(b)(2) Radio 2-76(b)(6) SEXUALLY-ORIENTED ENTERTAIN- Records 2-76(b)(1) MENT Traffic 2-76(b)(5) Adult entertainment establishments Emergency medical services 11.5-21 et seq. Zoning regulations re. See: ZONING See: EMERGENCIES (Appendix C) PUBLIC SERVICES DEPARTMENT SHALL, MAY Definitions and rules of construction 1-2 Director's duties 2-84 Divisions SHRUBBERY. See: TREES AND SHRUB- Municipal garage 2-85(4) BERY Parks 2-85(2) SIDEWALKS. See: STREETS, SIDE- Permits and inspections 2-85(1) WALKS AND PUBLIC PLACES Refuse disposal 2-85(5) Signal service 2-85(3) SIGNAL DEVICES Street maintenance 2-85(6) Noise control........................ 19-103 Supp. No. 16 2951 . NORTH PALM BEACH CODE ~ Section Section ' SIGNATURE, SUBSCRIPTION STORMWATERMANAGEMENT(Cont'dJ Definitions and rules of construction 1-2 Zoning; surface water management C-3 Regional Business District 45-34.1(8) SIGNS AND BILLBOARDS Code enforcement board, applicability STREETS, SIDEWALKS AND PUBLIC re 2-173 PLACES Country club; provisions re signs...... 9-2 Code enforcement board, applicability Outdoor displays.See herein:Signs and re 2-173 Outdoor Displays Definitions and rules of construction 1-2 Parking in violation of signs 18-36 Dogs on streets and sidewalks 4-28(a) Parks, regulations re traffic signs 20-5(3) Excavations Signs and outdoor displays Definition 24-16 Construction standards 6-117 Equipment to be guarded 24-18 Design standards 6-117 Liability of village................. 24-20 Exempt signs 6-112 Permits Location standards 6-117 Fees........................... 24-29 Measurement determinations 6-116 Required 24-28 Permitted permanent accessory signs 6-115 Protective measures 24-19 Permitted temporary signs......... 6-114 Refilling, tamping by excavator..... 24-17 Prohibited signs 6-113 Resurfacing by village 24-17 Provisions generally 6-111 Handbills; distribution restricted...... 19-7 Zoning Hitchhiking prohibited 19-6 C-3 Regional Business District..... 45-34.1(7) Landscaping 27-31 et seq. See: LANDSCAPING SOCIAL SECURITY Missiles, throwin 19-83 Agreement authorized 2-138 g Appropriations by village 2-140 Motor vehicles and traffic 18-16 et seq. See: MOTOR VEHICLES AND TRAF- Declaration of policy 2-136 FIC Exclusions from coverage 2-137 Obstructin assa ewa 19-47 Records and reports 2-141 g p g y.............. Profanity; vulgar language prohibited . 19-65 Social security act adopted 2-143 public services department Withholding and reporting agent...... 2-142 Division of permits and inspections . 2-85(1) Withholding from wages 2-139 Streets maintenance division....... 2-85(6) SPITTING Sidewalks and driveways Spitting in public places prohibited.... 19-5 Dangerous or abandoned driveways. 24-46 Inspection fees; deposits pending ap- STATE proval 24-45 Definitions and rules of construction 1-2 Performance of work by village upon failure of compliance.......... 24-47 STENCH BOMBS Permits Excepted uses 19-82(c) Driveway construction Possession prohibited 19-82(b) Application; information re- Throwing or depositing 19-82(a) quired 24-58 Prohibited in certain instances 24-57 STORMWATER MANAGEMENT Required 24-56 Adoption 21-61 Separate permits required for Applicability 21-61 driveways and sidewalk con- Design 21-61 struction 24-55 Finished floor of structures, level of 21-63 Sidewalks Objectives of system design........... 21-68 Constructed required in certain Open channels and outfall ditches..... 21-66 cases 24-41 Post development runoff rates, volumes Exceptions to requirements 24-42 and pollutant loads 21-67 Specifications Storm drainage facilities generally 21-64 Driveways 24-43(c) Stormwater retention systems 21-69 Generally 24-43(a) Streets Sidewalks 24-43(b) Minimum street grades 21-62 Village engineer, driveways to be con- Roadside swales 21-65 strutted under supervision of.. 24-44 Subdivisions, required improvements re 36-31 Smoke, dust, odors, liquids, etc........ 19-9 Water quality 21-70 Spitting in public places prohibited.... 19-5 Supp. No. 16 2952 CODE INDEX Section Section STREETS, SIDEWALKS AND PUBLIC PLACES (Cont'd.) Stormwater management, applicable provisions re 21-62, 21-65 Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) Swale areas, sodding required in cer- tain instances 24-3 Trees in Swale areas 27-16 et seq. See: TREES AND SHRUBBERY Utilities Public utilities, cost of changing or removal of 24-4 Use of rights-of--way for utilities 28-1 et seq. See: UTILITIES SUBDIVISIONS (Generally) Appearance plan (Appendix A). See that subject Code enforcement board, applicability re 2-173 Flood damage prevention provisions... 12.5-41(4) Zoning regulations 45-1 et seq. See: ZONING (Appendix C) SUBDIVISIONS (Appendix B) (Note-Section contained herein refer to sections found within Appendix B) Amendments Public hearing required............ 36-39.1 Supp. No. 16 2952.1 C