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Code of Ordinances Supplement 13 SUPPLEMENT NO. 13 April 1997 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. 15-97, adopted February 27, 1997. See the Code Comparative Table for further information. Remove old pages Insert new pages xi-xv xi-xv Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 673 673 695 697 725, 726 725-726.1 891, 892 891, 892 1057-1060 1057-1060 1173-1175 1 i73-1175 1237, 1238 1237-1238.1 1629-1631 1629-1631 1741, 1742 1741, 1742 2481, 2482 2481-2482.1 2486.3, 2486.4 2486.3-2486.6 2493-2502 2493-2502.1 2507-2510.7 2507-2510.7 2619 2619 2819, 2820 2819, 2820 2885 2885 2935, 2936 2935, 2936 2939-2942 2939-2942 2943, 2946 2945, 2946 2950.1-2955 2951-2956 2965-2967 2965-2967 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 . (904) 576-3171 1-800-262-CODE t 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 143 Div 1. Generally 143 Div. 2. Social Security 143 Supp. No. 13 xi NORTH PALM BEACH CODE - Chapter Page Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 144 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 323 Art. III. Construction Requirements 324 Div. 1_ Generally . 324 Div 2. Canals 324 Div 3. Bulkheads and Seawalls.. 325 Div. 4. Docks and Piers 326 Div. 5. Erosion Control Structures 330 Art. IV. Marine Sanctuaries 330 6. Buildings and Building Regulations . 381 _ Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 - Div. 1. Generally 384 Div 2. Reserved 398.3 Div 3. Certificate of Appropriateness 398.3 Art. IV. Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.16 Art. VII. Coastal Construction Code 398..16 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Civil Emergencies 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 509 9. Country Club 559 Art. I. In General 561 Art. II. Administrative Board 562 Art. III. Finances 563 10. Elections 615 Art. I. In General 61? Supp. No. 13 ~tii 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. N Recovery of Costs for Cleanup,. Abatement and Removal of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, 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. N Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations......... 1051 Art. I. In General 1053 Art. II. Occupational Licenses 1054 Art. III. Businesses Located Outside Village Limits 1060 Art. IV. Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 Supp. No. Y3 xlii NORTH PALM BEACH CODE Chapter Page 17.5 Reserved 1121 18. Motor Vehicles and ~affic 1171 Art. I. In General 1173 " Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking . 1174 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General..........- 1227 Art. II. Reserved 1228 Art. III. Offenses Against Property..................... 1228 Art. N Offenses Against Public Morals 1228 Art. V. Offenses Against Public Peace 1229 Art.- VI. Noise Control 1229 Art. VII. Reserved 1235. Art. VIII. Weapons 1235 Art. IX. Water Shortage Emergencies 1236 Art. X. Alarms 1238 Art. XI. Wellfield Protection _ 1241 20. Parks, Playgrounds and Recreation 1289 Art. I. In General 129.1 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. 13 xiv 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. N Required Improvements 2368.1 Art. V Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art. I. In General 2481 Art. II. Generally 2484 Art. III. District Regulations 2486.5 Arts. IV, V. Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises 2619 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Code Comparative Table-Laws of Florida 2873 Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 Supp. No. 13 xv 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 1 147, 148 9 iii 1 149, 150 12 v, vi OC 150.1, 150.2 12 vii, viii OC 151, 152 11 ix OC 153, 154 i 1 x.i, x.ii 1 155, 156 12 x.iii 1 156.1, 156.2 3 xi, xii 13 157, 158 10 xiii, xiv 13 159, 160 10 xv 13 161, 162 12 1 OC 163, 164 12 3, 4 8 165 12 5, 6 12 211 OC 6.1, 6.2 12 213 11 7, 8 OC 263 OC 9, 10 OC 265, 266 OC 11, 12 OC 267, 268 OC 13, 14 OC 269 OC 65 12 319 OC 77 OC 321, 322 OC 79, 80 OC 323, 324 OC 81, 82 9 325, 326 OC 133 10 327, 328 11 135, 136 12 329, 330 11 137, 138 12 331 11 138.1 12 381 OC 139, 140 OC 383, 384 12 141, 142 OC 385 12 143, 144 12 398.3, 398.4 7 144.1, 144.2 12 398.5, 398.6 8 144.3 12 398.7, 398.8 8 145, 146 9 398.9, 398.10 8 Supp. No. 13 [1] NORTH PALM BEACH CODE 1 Page No. Supp. No. Page No. Supp. No. 398.11, 398.12 8 1063, 1064 8 398.13, 398.14 8 1121 OC 398.15, 398.16 ~ 8 1171 OC 399, 400 OC 1173, 1174 ~ 13 401, 402 OC 2175 13 403 OC 1225 OC 453 OC 1227, 1228 OC 455, 456 OC - 1229, 1230 OC 507 OC 1231, 1232 OC 509 OC 1233, 1234 OC 559 OC 1235, 1236 OC 561, 562 6 1237, 1238 13 563, 564 6 1238.1 13 615 OC 1239, 1240 6 617, 618 OC 1241 6 619, 620 6 1289 3 671 2 1291, 1292 OC 6.73 13 1293, 1294 10 695 I3 1343 4 697 13 1345, 1346 OC 723 2 1347, 1348 OC 725, 726 13 1349, 1350 OC - 726.1 13 1351,. 1352 OC 727, 728 5 1353, 1354 OC 729 5 1355, 1356 OC 777 OC 2357,.1358 OC 779,. 780 OC 1359, 1360 OC 781, 782 OC 1361, 1362 5 _ 783, 784 OC 1363, 1364 5 785, 786 OC 1365, 1366 5 787, 788 OC 1367 5 789 OC X411 OC 839 OC 1463 OC 889 OC 1465, 1466 OC 891, 892 13 1517 OC &92.1 11 1519, 1520 OC 893, 894 OC 1521, 1522 OC 895, 896 OC 1523 OC 945 OC 1573 OC 947, 948 3 1575, 1576 OC 997 OC 1577 OC 999, 1000 10 1627 9 1051 - OC 1629, 1630 13 1053, 1054 9 1631 13 1054.1, 1054.2 9 1681 OC 1055, 1056 8 1683, 1684 OC 1057, 1058 13 1685, 1686 OC 1059, 1060 13 1687, 1688 OC 1061, 1062 8 1689, 1690 OC Supp. No. l3 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1739 OC 2513, 2514 OC 1741, 1742 13 2515, 2516 OC 2043 OC 2517, 2518 OC 2045, 2046 10 2619 13 2047, 2048 OC 2819, 2820 13 2049, 2050 OC 2869, 2870 OC 2051, 2052 OC 2871 OC 2053 OC 2873 OC 2353 OC 2875, 2876 OC 2355, 2356 OC 2877, 2878 OC 2357, 2358 OC 2879, 2880 OC 2359, 2360 OC 2881, 2882 OC 2361, 2362 OC 2883, 2884 12 2363, 2364 OC 2885 13 2365, 2366 OC 2933, 2934 OC 2367, 2368 1 2935, 2936 13 2368.1 1 2937, 2938 12 2369, 2370 OC 2939, 2940 13 2371, 2372 OC 2941, 2942 13 2373,2374 OC 2943,2944 12 2375,2376 OC 2945,2946 13 2377, 2378 OC 2947, 2948 12 2379 OC 2949, 2950 12 2479 9 2951,2952 13 2481,2482 - 13 2953,2954 13 2482.1 13 2955,2956 13 2483;2484 11 2965,2966 13 2485,2486 11 2967 13 2486.1, 2486.2 11 2486.3, 2486.4 13 2486.5, 2486.6 13 2487, 2488 OC 2489, 2490 OC 2491, 2492 OC 2493, 2494 13 2495, 2496 13 2497,2498 i3 2499, 2500 13 2501, 2502 13 2502.1 13 2503,2504 10 2505, 2506 10 2507, 2508 13 ' 2509, 2510 13 2510.1, 2510.2 i 3 2510.3, 2510.4 13 2510.5, ZS10.6 13 2510.7 13 2511, 2512 OC Supp. No. 13 [3] C � �, I I i ELECTRICITY § 11-12 ARTICLE I. IN GENERAL. 80-I2. Violations and penalties. Delete entirely. (Ord. No. 10-78, § 3, 5-25-'78; Ord. No. 7-79, § 2, Secs. 11-1-11-10. Reserved. 4-26-79; Ord. No. 6-82, § 2, 2-25-82; Ord. No. 13-85, § 2, 8-8-85; Ord. No. 19-86, § 2, 11-13-86; Ord. No. 6-88, § 2, 1-28-88) ARTICLE II. ELECTRICAL CODE* Sec. 11-11. Codes adopted. The National Electric Code, 1996 edition, and the Palm Beach Countywide Amendments thereto, and The Model Countywide Administrative Code, 1994 edition, for the building, electric, gas, me- chanical and plumbing codes; all of which have been reviewed by the building code advisory board of the county, are hereby adopted and incorpo- rated herein, as part of the minimum construc- tion standards for the village. (Ord. No. 10-78, § 2, 5-25-78; Ord. No. 7-79, § 1, 4-26-79; Ord. No. 6-82, § 1, 2-25-82; Ord. No. 13-$5, § 1, 8-8-85; Ord. No. 19-86, § 1, 11-13-86; Ord. No. 6-88, § 1, 1-28-88; Ord. No. 19-91, § 2, 5-23-91; Ord. No. 14-94, § 2, 8-11-94; Ord. No. 9-97, § 1, 2-13-97) Editor's note-It should be noted that the county amend - ments referred to herein are not set out; the amendments may be found in the office of the village clerk. Sec. 11-12. Amendments, corrections, addi- tions. The following amendments, corrections and additions to the recommended amendments of the building code advisory board of the county are hereby made and adopted, such amendments, corrections and additions being set forth herein with reference to and prefaced by the section number and title of the amendments, as follows: 80-8.10.4. Schedule of permit fees. Amend to read: See Chapter 6, Article II of the village Code. 80-10. Board of adjustment and appeals: The board referred to within this section shall be the village contractors board. *Editor's note-Ordinance No. 10-78, 2, 3, enacted May 25, 1978, adopted provisions designated as 13-1, 13-2 of the 1970 Code; the editor has redesignated the provisions as Art. II, 11-11, 11-12 of this Code. [The next page is 695] Supp: No. 13 673 l l Chapter 11.5 EMERGENCY SERiTICES Art. I. In General Art. II. Emergency Medical Services Supp. No. 13. 696 i EMERGENCY SERVICES § 11.5-23 ARTICLE I. IN GENERAL vided. Each year, during its annual budget re- view, the village council shall evaluate and may Secs. 11.5-111.5-20. Reserved. adjust or modify the fees charged. (Ord. No. 6-97, § 2, 1-23-97) Sec. 11.5-23. Billing and collection of fees. ARTICLE II. EMERGENCY MEDICAL SERVICES The finance department is hereby authorized - to establish a method of billing and collection of ' authorized emergency medical service fees to in- Sec. 11.5-21. Emergency medical services. elude, but not limited to the following: The department of public safety is hereby au- (1) Contracting with other governmental en- thorizedand directed to obtain and maintain any Cities, medical facilities or non-governmen- and all necessary State of Florida licensing, vehi- tal entities to provide emergency medical cle permits and all necessary Palm Beach County services billing. Certificates of Public Convenience and Necessity, (2) Posting alI payments as received. pursuant to F.S., ch. 401, and Palm Beach County Emergency Medical Services Ordinance and any (3) Responding to all patient requests and subsequent applicable revised laws and ordi- inquiries, concerning billing and collec- nances, for the purpose of providing emergency tion of fees, either written or verbal. medical and trauma treatment and emergency (4) Complying with all applicable federal, state transportation services in and for the village. and local laws as they apply to the billing Subject to an annual appropriation for such and collection services being provided. purposes, the department of public safety is au- This includes all requirements to main- thorized and directed to staff and maintain any taro confidentiality for all medical and and all necessary equipment, materials and per- Patient information as set forth in state sonnel to provide the appropriate level of ewer- and local laws or rules and regulations. gency services capabilities at all times. The ap- (5) Maintaining any and all documentation, propriate level of emergency services shall be records and patient information in a re- determined by the village council. cure manner that will allow inspection and audit by the village, its agents, or The department of public safety shall maintain other authorized agencies or persons, upon all necessary licenses and certifications as re- proper notification. quired and be designated as the primary provider of all manner of emergency medical and trauma (6) Providing appropriate financial reports. treatment and emergency transportation services (Ord. No. 6-97, § 3, 1-23-97) within the village limits of the village. Emergency medical services shall be provided to any resident or visitor of the village, regardless of their ability to pay, or their socio-economic status within the community. (Ord. No. 6-97, § 1, 1-23-97) Sec. 11.5-22. Establishment of fees for emer- gency medical services. Except as otherwise provided herein, the vil- lage council shall, by resolution, establish fees to be charged for emergency medical services pro- [The next page is 723] Supp. No. 13 697 t FIRE PREVENTION AND PROTECTION § 12-17 ARTICLE I. IN GENERAL There is hereby established a division of the public safety department to be called the fire Secs. 12-1-12-15. Reserved. division and the person in charge shall be known as the fire official and fire chief. Section 103. Amend section 103 to read as ARTICLE II. FIRE PREVENTION CODE follows: 103 -PERMITS Sec. 12-16. Adopted by reference. Aperson, firm or corporation shall not main- Under the authority of the Florida Statutes, taro, store or handle materials, or conduct the village of North Palm Beach hereby adopts by Processes which produce conditions hazardous reference thereto the Standard Fire Prevention to life or property, or install equipment used in Code, 1994 Edition, and the Life Safety Code of connection with such activities without first the National Fire Protection Association 101, 1988 obtaining a permit from the fire official. Edition, as published by the National Fire Protec- 103.1 Permit Application. tion Association as the fire prevention code for the 103.1.1 When Required. Any owner, au- village. There has been for at least ten (10) days thorized agent, or contractor who desires last past and shall be during the time that this to maintain, store or handle materials or code is in effect, three (3) copies of each code and to conduct processes as described in this recommended amendments kept available for pub- code shall first make application to the lit use, inspection and examination. fire official and obtain the required per- (Code 1970, § 6-11; Ord. No. 16-75, § 1, 10-9-75; mit as authorized in Chapter 4. Ord. No. 13-77, § 1, 7-14-77; Ord. No. 22-80, § 1, 10-9-80; Ord. No. 7-83, § 1, 8-25-83; Ord. No. 3-87, 103.1.2lnformation Required. Each ap- § 1, 1-22-87; Ord. No. 6-90, § 1, 3-22-90; Ord. No. placation for a permit, with the required 13-92, § 1, 9-10-92; Ord. No. 11-97, § 1, 2-27-97) fee, shall be filed with the fire official on a Cross references-Building, gas, mechanical and plumb- form.furnished for that purpose, and shall ing codes adopted, § 6-17; electrical code adopted, § 11-11; contain a general description of the oper- housing code adopted, § 15-1. ation or occupancy and its location and any other information as maybe required Sec. 12-17. Amendments. by the fire official. The application shall be signed by the owner or his authorized The following amendments and additions are agent. hereby made to the Fire Prevention Code adopted by section 12-16 of this Code: 103.1.3 Time Limitations. An applica- tion for a permit for any proposed work Section IO-1.3.5. Add new section 101.3.5 as shall be deemed to have been abandoned follows: six (6) months after the date of filing for 101.3.5 Maintenance. All buildings or strut- the application, unless before then a per- mit has been issued. One or more exten- tures both existing and new, and all parts saons of time for periods of not more than thereof, shall be maintained in a safe condition. ninety (90) days each may be allowed by All devices or safeguards which are required by the fire official for the application, pro- this code shall be maintained in good working vided the extension is requested in writ- order. The owner, or his designated agent, shall ing and justifiable cause is demonstrated. be responsible for the maintenance of buildings and structures. 1032 Issuing Permits. Section 101.4. Amend section 101.4 to read as 103.2.1 Action on Permits. The fire of- follows: ficial shall act upon an application for a permit without unreasonable or unneces- 101.4 Fire Division. sary delay. If the fire official is satisfied Supp. No. 13 725 § 12-17 NORTH PALM BEACH CODE that the use described in an application of adjustments. and appeals established by Chap- for apermit-and the drawings filed there- ter 6 of the Village Code shall act as the fire with conform to the requirements of this prevention board of adjustments and appeals. code and other pertinent laws and ordi- nances, he shall issue a permit to the Section 501.2.1. Add. new section 501.2.1 to applicant. read as follows: 103.2.2 Refusal to Issue Permit. If the 501.2.1 Barbecue Grills and Similar Cook- application for a permit describes a use ing Utensils with which open flames may be which does not conform to the require- - used to heat or prepare food or from which open meats of this code or other pertinent laws flames may occur during the cooking process or ordinances, the fire official shall not shall not be used on any balconies or porches of issue a permit,. but shall return the appli- multi-family buildings excepting two (2) family cation to the applicant with his refusal to dwellings. They shall be used only outside of issue such permit.. Such refusal shall, and at a minimum of ten (10) feet distance from when requested, be in writing and shall the nearest building. contain the reason(s) for refusal. Section 603.18.4.. Amend section 603..18.4 to read as follows: 103.3 Conditions of the Permit. 603.18.4 Automatic fire alarm systems and 103.3.1 Permit Intent. A permit issued all alarms with monitor control valves and flow shall be construed to be a license to pro- switches for fire protection and fire alarm equip- ceed with the work and shall not be con- meat shall be tested at least once every three _ strued as authority to violate, cancel, al- (3) months. A log of the tests shall be kept by ter, or set aside any of the provisions of the inspection agency. The log shall be on the this code, nor shall such issuance of a premises and available for examination. ~ permit prevent the fire official from there- (Code 1970, § 16-12; Ord. No. 16-75, § 2, 10-9-75; after requiring a correction of errors in Ord. No. 13-77, § 1, 7-14-77; Ord. No.- 22-$0, § 2, plans or in construction, or of violations of 10-9-80; Ord. No. 7-83, § 2, 8-25-83; Ord. No. 3-87, this code. Every permit issued shall be- § 2, 1-22-87; Ord. No. 6-90, § 2, 3-22-90; Ord. No. - . come invalid unless the use authorized by 13-92, § 2, 9-10-92) such permit is commenced within six (6) months after its issuance, or if the use Secs. 12-18-12-28. Reserved. authorized by such permit is suspended _ or abandoned for a period of six (6) months after the time the use is commenced. One ARTICLE III. FIRE DIVISION* or more extensions of time, for periods not more than ninety (90) days each, may be allowed for the permit provided the exten- DIVISION 1. GENERALLY sion is requested in writing and justifi- able cause is demonstrated. Such exten- .Sec. 12-29. Created; function. sions shall be in writing bythe fire official. A division to be hereafter known as the Village Section 105.1 Amend section 105.1 to read as of North Palm Beach Fire Division, the object of follows: which shall be the prevention and extinguish- 105.1 Appointment. *Editor's note-On Aug: 27, 1968 the village entered into a mutual fire-fighting aid or protection pact with other mu- ~ There is hereby established a board to be nicipalities and fire control districts located in county (see called the fire prevention board of adjustments Resolution No. 363-6s). I~ Cross-references-Administrative code provisions on de- and appeals. The said board shall be appointed partment of public safety, § 2-75 et seq.; length of service by the- village council. The construction board .award plan for volunteer firefighters, § 2-170 et seq. ~ i Supp. No. 13 726 FIRE PREVENTION AND PROTECTION § 12-30 meat of fire and the protection of life and property within the limits of the village, is hereby created. (Code 1970, § 15-1) Sec. 12-30. Composition. (a) The division created by this article shall consist of a chief and such other officers as the village Supp. No. 13 726.1 r i HEALTH AND SANITATION § 14-28 ARTICLE I. IN GENERAL Sec. 14-26. Frequency of collection. Seers. 14-1-14-15. Reserved. Commercial garbage shall be collected at least three (3) times a week, and with greater fre- quency and in such manner as shall be directed ARTICLE II. GARBAGE, TRASH AND by the village manager. REFUSE* (Code 1970, § 18-41) Sec. 14-27. Charges-Generally. DIVISION 1. GENERALLY All property within the village which is im- Secs. 14-16-14-22. Reserved. proved by a structure for which a certificate of occupancy is issued after February first of any year and for which garbage and trash collections DIVISION 2. GARBAGE COLLECTION AND are made by the village shall pay the following DISPOSAL fees for collection and disposal of garbage and trash during the remainder of that calendar year Sec. 14-23. Definition. in which the certificate of occupancy is issued: As used in this division, "commercial garbage" (1) One- and two-family homes, four dollars shall mean every refuse accumulation of animal, and twenty-three cents ($4.23) per dwell- fruit or vegetable matter that attends the prepa- ing unit per month, or fraction thereof. ration, use, cooking and dealing in, or storage of (2) Dwellings of three (3) units or more, four meats, fish, fowl, fruits or vegetables, and any dollars and twenty-three cents ($4.23) per other matter of any nature whatsoever which is unit per month, or fraction thereof. Where subject to decay and the generation of noxious or a dwelling- of three (3) or more units is a offensive gases or odors, or which, during or after condominium and the condominium asso- decay, may serve as breeding or feeding material ciation or the developer of the condomin- for flies or other germ-carrying insects. ium notifies the director of public ser- (Code 1970, § 18-1) vices, garbage and trash fees shall be Cross reference-Rules of construction and definitions generally, § 1-2. billed to the individual owners of condo- minium units. Sec. 14-24. Garbage cans-Required. (3) For commercial establishments, four dol- Garbage containers at each commercial estab- lars and twenty-three cents ($4.23) per lishment within the village and at each multifam- month, or fraction thereof. ily dwelling which contains three (3) or more (Code 1970, § 18-49; Ord. No. 2-74, § 1) units shall provide dumpster-type garbage con- tainers which can be collected by village garbage Sec. 14-28. Same-Fee for egeess amounts vehicles using the dumpster collection method. from commercial establishments. (Code 1970, § 18-23; Ord. No. 6-75, § 1, 6-12-75) In the event any commercial establishment has more than two (2) cubic yards of garbage at any Sec. 14-25. Same-To be kept covered. one (1) pickup, the occupant thereof shall pay one All commercial garbage cans shall be kept dollar ($1.00) per cubic yard for all garbage col- tightly covered at all times, except when neces- lected in excess of two (2) cubic yards. In the event sary to lift the covers for the purpose of depositing any commercial establishment has more than six garbage in the garbage can or for the purpose of (6) cubic yards of garbage picked up during any emptying such garbage into a garbage truck. one (1) week, the occupant thereof shall pay one (Code 1970, § 18-24) dollar ($1.00) per cubic yard for all garbage col- lected in excess of six (6) cubic yards per week. *Cross reference-Refuse disposal divisions, § 2-85(e). (Code 1970, § 18-48) Supp. No. 13 891 § 14-29 NORTH PALM BEACH CODE Sec. 14-29. Same-When and where paid. property owner of record as shown on the county All payments required by this division shall be tax rolls. Failure to pay the fees when due may made to the village by the fifteenth of the month result in the discontinuance of the waste removal service and/or the placing of a lien by the village for which service is rendered. All delinquent ac- council in the amount of the fees due against the counts are subject to stoppage of service without property to which service is available, and/or notice. If a delinquent account is not paid within action by the village code enforcement board. thirty (30) days, the director of public services shall cease all refuse collection for that account (4) The collection of garbage and. trash by a unless otherwise directed by the village manager. private person, firm, or corporation hired for such Service shall be resumed thereafter only upon purpose is prohibited except where dumpsters of payment of the accumulated fees for the period of greater than two-cubic-yard capacity are used. collection and the period of noncollection unless (Ord. No. 37-90, § 1,.10-25-90; Ord. No. 34-91, § 1, the village manager specifically directs otherwise. 11-14-91; Ord. No. 18-92, § 1, 10-22-92; Ord. No. The stoppage of service herein authorized for 19-94, § 1, 10-13-94; Ord_ No. 8-96, § 1, 2- 8-96) nonpayment of collection. charges shall be in ad- dition to the right of the village to proceed for the Secs. 14-31-14-36. Reserved.. collection of such unpaid charges in a manner provided by law. DIVISION 3. ABANDONED, INOPERATIVE (Code 1970, § 18-53; Ord. No. 2-74, § 2) AND JUNKED PROPERTY* Sec. 14-30. Commercial use property waste Sec. 14-37. Definitions. disposal fees and collection pro- - cedures. As used in this division, the following terms shall have the indicated meanings: (1) For purposes of this section, commercial use property shall include all property parcels in Motor vehicle includes- all vehicles as defined in the village upon which a building exists with. the F.S. section 320.01(1), or as elsewhere -defined in - exception of residential use property, village- the Florida Statutes, and shall include, in addi- owned property and other property used for gov- tion, any vehicle which is self-propelled and de- _ ernmental purposes. signed to travel along- the ground or water and shall include, but not be limited to, automobiles, (2) Annual disposal fees for garbage and trash buses, motor scooters, motor bicycles, motorcy- and all other refuse collected by the Village of Iles, trucks, tractors, go-carts, golf carts, campers, North Palm Beach shall be charged as herein trailers and motorboats. provided, except as otherwise stated. Private property means any real property within Occupancy Category Fee per Square Foot the village which is privately owned and which is not public property as defined in this section. Low $ 0.014 Medium 0.037 Public property means any street or highway High 0.199 which shall include the entire width between the boundary lines of every way publicly maintained Occupancy category is as determined by the Palm Beach County Solid Waste Authority. Total square feet is as determined by the Palm Beach County Tax Appraiser. (3) Waste disposal fees shall be due and pay- able to the village yearly in advance on October 1 . of each year regardless of occupancy or use of the property charged. The fees shall be billed to the *Cross reference-Motor vehicles and traffic, Ch. 18. j Supp. No. 13 89 i LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33 Landscape and Horticulture Ser- Liquified petroleum distributors 500.00 vices: Water supply (franchise)........... 500.00 Landscape counseling and plan- - Sanitary sewer services (franchise) . 500.00 nmg 115.00 Lawn and garden service........ 100.00 ~ WHOLESALE TRADE Ornamental shrub and tree ser- Wholesale trade -durable goods: vice 170.00 Inventory value cost -not exceed- - Building construction-Contractors ing $1,000.00 36.00 as defined by the Contractors Li- censing Board of Palm Beach Each additional $1,000.00....... 9.00 County 170.00 RETAIL TRADE TRANSPORTATION Retail store: Local trucking 55.00 Inventoryvalue cost-not exceed- Taxi cabs: ing $1,000.00 36.00 Each place or business 80.00 Each additional $1,000.00....... 9.00 Each vehicle 55.00 Filling station, marine/autolother: Water transportation of passengers. 55.00 1-4 pumps ' ' ' ' ' ' ' ' ' ' ' ' ' ' • • • • • • 85.00 Marinas (also see retail) each space Each additional pump 21.00 (minimum $25.00) 2.50 Eating place ($50.00 minimum) each Water transportation services NEC. 55.00 seat 2.65 Arrangement of passenger transpor- Drinking place (alcoholic drinks) tation 150.00 ($50.00 minimum) each seat..... 2.65 Arrangement of freight/cargo trans- Food service - no seats 120.00 portation 150.00 Non-store retail: COMMUNICATIONS Catalog and mail order 120.00 Radiotelephone communications 150.00 Automatic merchandise machines operator 255.00 Telephone company (franchise) 55.00 - Each machine 30.00 Telephone communication except ra- Fuel oil dealer 120.00 diotelephone 150.00 LP gas dealer (bottled gas) 120.00 Telegraph 435.00 Radio/television broadcasting 375.00 Direct selling -each person/ vehicle 120.00 Cable and other pay television ser- Solicitor/canvasser each: vices 375.00 Per year 315.00 ELECTRIC, GAS AND SANITARY SERVICES Per month 105.00 Electric services (franchise) 500.00 Retail store NEC: Natural gas transmission (franchise) 500.00 Florist 115.00 Natural gas distributors........... 5(}0.00 Tobacco store 115.00 Supp. No. 13 1057 § 17-33 NORTH PALM BEACH CODE News dealer/news stand 115.00 Coin operated laundry/dry clean- Optical goods store 115.00 mg' Operator 1 20 machines... 115.00 Miscellaneous Retail Store NEC II5.00 Each additional machine 5.50 FINANCE, INSURANCE, REAL ESTATE Photographic studio, portrait 115.00 Depository institution 255.00 Beauty shop.................... 115.00 Non-depository credit institution 255.00 _ Each state licensed operator 30.00 Barber shop 115.00 Security and commodity brokers/ dealers 625.00 Each state licensed operator 30.00 _ Brokers sales agent 30.00 Shoe repair shop 115.00 Funeral service 255.00 INSURANCE Additional for ambulance ser- Insurance carriers 115.00 vice 170.00 Insurance agents, broker service 115.00 Tax preparation service 115.00 Insurance agents, broker service 115.00 Miscellaneous personal service NEC....................... 115.00 Insurance sales agent 30.00 Business Service: REAL ESTATE Advertisin a enc g g y 150.00 Real estate operator ($25.00 mini- Consumer credit reporting/collec- mum): tion 115.00 Base (1-5 sleeping rooms) 11.50 Mailing, reproduction, commer- Each additional sleeping room 2.50 - cial art and stenographic ser- vice......... 115.00 Real estate agents and manager 115.00 Services to dwellings............ 115.00 Real estate sales agent 30.00 Miscellaneous equipment rentaU Title abstract office 115.00 leasing.................... 115.00 Land subdividers and developers 170.00 personnel supply services 150.00 Computer programming, data pro- Holding and other investment of- cessin 115.00 g fices 255.00 Miscellaneous business services 115.00 SERVICES Business services NEC.......... 115.00 Hotels, rooming houses, etc. ($25.00 Telemarketing 170.00 minimum): Plus each phone 35.00 Base (1-5 sleeping rooms) I1.50 AUTO SERVICE/R,EPAIR Each additional sleeping room... 2.50 Auto rental II5.00 Personal Services: Auto repair shop: Laundry, cleaning, garment ser- 2 persons , 30.00 vice 115.00 3-4 persons................... 50.00 Supp. No: 13 1058 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33 5-6 persons 80.00 Hospital.......................... 170.00 7-10 persons 150.00 Medical and dental laboratory 170.00 11-20 persons 185.00 Home health care 115.00 More than 21 persons........... 300.00 Miscellaneous health services NEC. 115.00 Car wash 115.00 LEGAL SERVICES MISCELLANEOUS REPAIR SERVICES Legal services 115.00 Misc. repair services store 115.00 Attorneys each 115.00 Misc. repair services from a truck 55.00 EDUCATION SERVICES Misc. repair services with retail store 55.00 Elementary and secondary school 115.00 MOTION PICTURES Vocational school 115.00 Motion picture production/distribu- Schools and educational services NEC .115.00 for 115.00 Motion picture theatre/drive-in. _ 225.00 SOCIAL SERVICES Plus per seat/per space.......... 0.40 Individual and Family Services Job training service 115.00 AMUSEMENT AND RECREATION SERVICE Child care facility (Fla. Statute) . 140.00 Dance studios 115.00 Family day care (Fla. Statute) 55.00 Theatrical produces 115.00 Community residential home (Fla. Bowling center (1-5 alleys) 115.00 Statute)..................... 140.00 Each additional alley 30.00 Social services NEC 115.00 Commercial sports 170.00 Membership organizations 115.00 Physical.fitness facilities 115.00 ENGINEERING, ACCOUNTING, RESEARCH, Coin operated amusement device op- MANAGEMENT AND RELATED SERVICES erator 255.00 Engineering, architectural and sur- plus each machine 30.00 veying services Amusement and recreation services Engineering, architectural and sur- NEC 115.00 veying -each practitioner . 115.00 Fortune teller -fee charged 1,000..00 Residential designer 115.00 No fee charged - contribu- ACCOUNTING, AUDITING AND BOOKI~EP- tion 1,875.00 ING SERVICES Phrenologist -fee charged 1,250.00 Accounting/bookkeeping service 115.00 No fee charged - contribu- Certified public accountant each 115.00 tion 1,875 HEALTH SERVICES RESEARCH, DEVELOPMENT AND TESTING SERVICES Licensed practitioner each 115.00 Research, development and testing Nursing and personal. care facility.. 170.00 services 115.00 Supp. No. 13 1059 § 17-33 NORTH PALM BEACH CODE MANAGEMENTANDPUBLIC RELATIONS SER- health and morals of the residents of the village. VICES Unless- otherwise stated,. the amount of such Management service 115.00 regulatory fee specified- shall be on the basis of one (1) year. Management consulting services 115.00 (Ord. No. 7-81, § 1, 7-23-81) Public relations services 115.00 Sec. I7-34.1. Registration required. Facility support management ser- Any person who engages in-any business, occu- vices 115.00 pation or profession within the village not re- Business consulting service NEC 115.00 quired to obtain a certificate of regulation as (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 7-90, § 1, herein provided such as general contractors and 4-12-90; Ord. No. 18-90, § 1, 6-28-90; Ord. No. subcontractors, shall be certified with the licens- 15-94, § 3, 7-11-94; Ord. No. 37-96, § 1, 9-26-96) ing officer of the village by executing an informa- tion form provided by the village. The purpose of Sec. I7-33.1. Marking of commercial vehi- such certification is to provide the village with cles. information concerning. those who are doing busi- ness within the village and, where appropriate, to (a) It shall be the duty of every person doing assure the village that such persons are licensed business within the village, to have each and countywide by the county. The fee for this certifi- every truck or other vehicle used on a job within cation. shall be two dollars ($2.00). Anyone violat- the village painted with. or otherwise display the ~g this provision by failing to register the- re- name of the person owning same, together with quired information with the licensing officer shall _ the business address, and the telephone number be deemed guilty of a misdemeanor of the second of the place of business. degree. (b) Each such vehicle shall be lettered either (Ord. No. 7-81, § 1, 7-23-81) on the door or on the body in such a manner as to - _ be legible. Sec. I7-34.2. Application for certificate of (Ord. No. 7-81, § 1, 7-23-81) - regulation. Before the village shall-be required to issue a certificate of regulation for engaging in or carry- ARTICLE III. BUSINESSES LOCATED ~g on any of the businesses; professions or occu- OUTSIDE VII,LAGE I,INIITS pations specified and set forth herein, it shall be the duty of the applicant to file an application Sec. 17-34. Certificate of business regula- with the licensing officer, such application to be in tion required; basis of one year. the form required by the village and such appli- Pursuant to section 166.221, Florida Statutes, cant shall be required to furnish to the licensing a regulatory fee is hereby imposed by the village officer such other information not contained in in the respective amounts set forth in section the application as the village manager may re- 17-33 of the Code, for the regulation of any quire. business, profession and occupation carried on (Ord. No. 7-81, § 1, 7-23-81) within the municipal boundaries of the village when such business, profession and occupation Sec. 17-34.3. Issuance: of certificate of regu- does not have a place of business within the lation; duration; half-year cer- village. This regulation is instituted and is re- tificate; when due and payable. fated to consumer protection afforded the citizens All certificates of regulation shall expire on the of the village and such classes of business, profes- thirtieth day of September of each year. No ces- sion and occupation whose regulation has not - been preempted by the state or county and to rotect the eneral welfare safe and ublc P g ~ tY P Supp. No. 13 1060 ~ - MOTOR VEHICLES AND TRAFFIC § 18-19 ARTICLE I. IN GENERAL Sec. 18-18. Weight limitations on certain roads. Secs. 18-1-18-15. Reserved. (a) It shall be unlawful for any person to operate, drive or park any truck in excess of ARTICLE II. OPERATION OF VEHICLES three-fourths ton over, across or upon any street GENER.AT,T,Y* right-of--way except those indicated below, in the village: Sec. 18-16. Speed limits-Generally. Northlake Boulevard In accordance with law, and when signs are Prosperity Farms Road erected giving notice thereof, the speed limit shall State Road 703 be as set forth in this schedule upon those streets or portions thereof, and at the times specified U.S. Highway #1 (State Road 5) herein: (b) This section shall not apply where such (1) On all streets within the corporate limits trucks are making deliveries to or picking up of the village, except as set out in section merchandise at residences or places of business 18-17, twenty-five (25) miles per hour at located upon such streets. all times. (Code 1970, § 39-46; Ord. No. 4-81, § 1, 3-26-81) (2) On all state highways located in the vil- lage, as designated by the state depart- Sec. 18-19. Combat Auto Theft (CAT). ment of transportation. (3) Between the hours of 7:30 a.m. and 9:00 (a) Authority. The Florida Uniform Traffic Con- trol Law authorizes municipalities to enact ordi- a.m. and between the hours of 2:00 p.m. nances to establish "Combat Auto Theft" (CAT) and 3:30 p.m. in the vicinity of schools or programs whereby vehicle owners may enroll at such street intersections where heavy their vehicles giving advance written consent to school traffic is found, fifteen (15) miles law enforcement to law enforcement officers to per hour. Where public health, welfare stop their enrolled vehicles if they are being and safety necessitates the use of school operated between the hours of 1:00 a.m. and 5:00 speed limits, such determination shall be a.m., provided the CAT decal is properly dis- made by the director of public safety. played in the lower corner of the vehicle's rear (Code 1970, § 39-29) window. Sec. 18-17. Same-Specific streets. (b) Administration of program. A "combat auto In accordance with law, it shall be unlawful, theft" (CAT) program is hereby established for the when signs are erected giving notice thereof, to Village of North Palm Beach, Florida. The pro- operate avehicle at a greater rate of speed than gram shall include: that indicated on the following streets or indi- (1) Consent forms to be executed by motor Gated portions thereof: owners who enroll vehicles in the pro- - gram. Lighthouse Bridge, approaches thereto in ei- ther direction, twenty (20) miles per hour. (2) CAT program decals which conform to the specifications, colors and design of the Prosperity Farms Road, from the southern vil- uniform CAT decal established by the lage boundary line to Teal Road, north, thirty (30) Florida Department of Law Enforcement miles per hour. for use throughout the state. (Code 1970, § 39-29(2), (4)) (3) All other provisions of the "combat auto *Cross reference-Driving over fire hose prohibited, § theft" program aS provided for in the 12-1. Florida Uniform Traffic Control Law. Ad- Supp. No. 13 1173 § 18-19 NORTH PALM BEACH CODE ministration of the program shall be con- the following described roadways located within. ducted by the director of public safety of the corporate limits. of the Village of North Palm the village. Beach, Florida: (4) The director of public safety shall charge State Road A-1-A; a nominal fee for the administration. of Prosperity Farms Road; the program and the cost of the CAT U.S. Highway # 1 (SR, #5); decal. (Oral. No. 45-96, § 1, 12-12-96) Northlake Boulevard;- - 800 Block of Lighthouse Drive; Secs. 18-20-18-33. Reserved. North Anchorage Drive from Eastwind Drive to South Anchorage Drive and Eastwind Drive ARTICLE III. STOPPING, STANDING AND adjacent. to the North Palm Beach Ele- I'ARHIIVG* mentary School property only during the period starting one hour prior to and Sec. 18-34. Parking restricted. ending one hour after published school hours inclusive. (a) Between the hours of 2:00 a.m. and 6:00 a.m. on streets where no curbing is provided, the Southerly most four hundred (400) feet of the parking of a vehicle shall not usurp more than westerly road right-of--way of Castlewood twelve (12) inches of the paved portion of the Drive adjacent to the First Church of street. Christ Scientist. (Ord. No. 8-92, § 1, 6-25-92; Ord. No. 25-93, § 1, (b) No person shall leave any truck, trailer, 10-14-93; Ord. No. 19-96, § 1, 5-23-96) boat or any vehicle of a similar type parked upon Editor's cote-Ordinance No. 8-92, adopted June 25, any public street or highway within the village 1992, did. not specifically amend this Code; hence, inclusion of § 1 as § 18-34.1 was at the discretion of the editor. between the hours of 12:30 a.m. and 6:00 a.m. (c) No truck in excess ofthree-fourths ton shall Sec. 18-35. Recreational, boating and camp- be parked at any time on public or private prop- ing equipment; parking on resi- - erty in an R-l, R-2 or R-3 residential zoning dential grnperty restricted. district unless making deliveries or picking up Recreation, boating and camping equipment in merchandise. the form of travel and camping trailers, boats on trailers, boat trailers, motor homes and vans, Exception: Vans with and without factory- designed and used as temporary living quarters installed seats are excepted since vans with factory- for recreation, for boating, for camping or for installed seats are not vans in accordance with travel. use, may be parked in the open on sites state law. containing a single family or duplex residence, (Code 1970, 24-70, 39-24; Ord. No. 4-81, § 2, subject to the following conditions: 3-26-81) (1) A maximum of two (2) pieces of such Sec. 18-34 1. '1 equipment at a time shall be permitted on Vehicle, trai er or boat parking prohibited upon paved or un- a site. paved-area of the road right-of- (2) Such parking shall be limited to such way of specific roadways. equipment owned or leased by the occu- ant-owner or occ - 't p upant lessee of the si e j The parking of any vehicle, trailer or boat is concerned. hereby prohibited upon the paved or unpaved Exception: A guest of an occupant-owner area of the road right-of--way of those portions of _ or occupant-lessee may park this equip- . I' *Crossr~ference-Parking. near a fire station or hydrant meat in the front yard. for not more than restricted, § 12-2. five (5)-days in any fourteen-day period. i Supp. No. 13 1174 MOTOR VEHICLES AND TRAFFIC § 18-38 (3) The location for such parked equipment Sec. 18-36. Parking in violation of signs. shall be in the rear -yard or in the side It shall be unlawful, when signs have been yard to the rear of a line established by erected giving notice thereof, to stop, stand or the front building line adjacent to the side park a vehicle in violation of signs regulating or yard where the equipment is located; pro- prohibiting the stopping, standing or parking of vided, however, that on corner lots such vehicles. equipment shall not be parked on the side yard which faces a public street. Sec. 18-37. Violations; fines-Handicap (4) Such equipment shall, at all times, have spaces. attached a current vehicle license plate. The fine for stopping, standing or parking in (5) When parked on the site, such equipment handicap parking spaces in violation of F.S. sec- shall not be used for living or sleeping tions 316.1955, 316.1956 shall be in the amount of quarters or for housekeeping or storage one hundred dollars ($100.00). purposes and shall not have attached (Ord. No. 32-90, § 1, 8-9-9Q) thereto any water, sewer, electric or gas Editor's note-Ordinance No. 32-90, adopted Aug. 9, service connection. 1990, did not specifically amend this Code; hence, inclusion of § 1 as § 18-37 was at the discretion of the editor. Exception: Guest equipment as defined in subsection (2). Sec. 18-38. Same-Non-handicap spaces. (6) Such equipment shall not exceed the max- The fine for stopping, standing and parking a imam. length, width, height and weight vehicle in violation of provisions, other than hand- permitted under applicable provisions of icap parking provisions, of this article shall be in the motor vehicle laws of the State of the amount of twenty-five dollars ($25.00). Florida; provided, however, the maximum (Ord. IVo. 40-90„ § 1, 12-13=90;; Ord. No. 5-96, § 1, length shall not exceed thirty (30) feet 1-25-96) and the maximum height shall not exceed Editor's note-Ordinance No. 40-90, adopted Dec. 13, ten (10) feet. 1990, did not specifically amend this Code; hence, inclusion of § 1 as § 18-38 was at the discretion of the editor. (7) Such equipment shall be secured so that it will not be a hazard or menace during high winds or hurricanes. At least four (4) hurricane ground anchors shall be avail- able at each site for each piece of equip- ment where such equipment is stored pursuant to this Code section. (8) All such equipment, when parked in the side yard, shall be visually screened from the view of the nearest adjacent neighbor with an opaque and vertical wall, fence or hedge to the height and length of such equipment. A wall or fence shall not ex- ceed six (6) feet in height. (9) The village council finds that, as a matter of fact, recreational and camping equip- . ment is a customary accessory use of the land in R-1 and R-2 zoning districts in the village. (Code 1970, § 30-1; Ord. No. 26-72, § 1; Ord. No. 11-79, § 1, 6-14-79; Ord. No. 27-93, § 1, 12-9-93) [The next page is 1225] Sapp. No. 13 1175 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-204 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 which the sole source is treated waste Village means the Village of North Palm Beach. water effluent. (3) The operation of irrigation systems for Water means water taken from any groundwa- system repair and maintenance. ter system, surface water system or public water supply. (4) Flushing of water mains required for nor- mal water main clearance and mainte- Water shortage or water shortage emergency nance and for maintenance of water qual- means the declaration of such by the governing ity; however, where practical, contractors board or the executive director of the South Flor- and utilities shall direct flushed water ida Water Management District pursuant to F.S. into pervious areas, flush at the minimum . chapter 373. rate necessary for cleaning and disperse (Ord. No. 6-81, § 1, 5-14-81) water in such a manner to benefit local vegetation. Sec. 19-201. Application. (5) Landscape irrigation for purposes of wa- tering in fungicides, insecticides and her- - The provisions of this article shall apply to all bicides as required by the manufacturer users of water within the corporate limits of the or by federal or state laws; however, this village. exemption applies only to licensed pest (Ord. No. 6-81, § 2, 5-14-81) control and herbicide operators and shall be limited to manufacturers' recommen- Sec. I9-202. Implementation. dations. (6) Landscape irrigation for the purpose of (a) Permanent restrictions. The following. per- watering in newly planted grass and foli- manent restrictions are adopted. age for the first forty-five (45) days after (1) Irrigation of any residential, commercial, initial installation. institutional, governmental or industrial (7) Irrigation activity for dust emissions re- landscape areas shall be restricted to the quired by court, village ordinance or ad- hours of 5:00 p.m. and 9:00 a.m. ministrative action. (2) It shall be unlawful to operate or cause (Ord. No. 6-81, § 3, 5-14-81; Ord. No. 6-85, § 1, 5-9-85; Ord. No. 38-96, § 1, 10-10-96) the operation of any irrigation system or device in a manner causing water to be Sec. i9-203. Enforcement-Generally. wasted, including but not limited to un- Every police officer or code enforcement officer necessary watering of impervious areas, of the village shall in connection with all other other than that which may occur inciden- duties imposed by law, diligently enforce the tal to the proper operation of the primary provisions of this law. irrigation system. (Ord. No. 6-81, § 4, 5-14-81) (3) Upon the effective date of section, new Sec. I9-204. Same-Emergency power. installations of automatic irrigation sys- In the event a further emergency arises which terns shall be equipped with a water Sens- needs immediate remedial action, the mayor is ing device which will automatically dis- authorized to take such action without prior coun- continue irrigation during periods of cil approval. rainfall. (Ord. No. 6-81, § 9, 5-14-81) Supp. No. 13 1237 § 19-205 NORTH PALM BEACH CODE Sec. 19-205. Exception to maintain sanita- Alarm user means any person using an alarm tion. or occupying and controlling a premises or build- The village manager upon the recommendation mg, or a portion of a premises or building, served of the appropriate local authority or department by an alarm and shall include any part owner, of environmental regulation or upon his own joint owner, tenant in common, tenant in partner- recognizance shall have the authority to permit a ship, joint tenant or tenant by the entirety of the reasonable use of water in any case necessary to whole of part of a building having an alarm maintain adequate health, public safety, and san- system. itation standards. (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- (2) Second violation-Twenty-five dollars ence, neglect, accident, faulty installations or ($25.00); maintenance. (3) Third violation-Fifty dollars. ($50.00); Permitted alarm means all those alarms acti- (4) Fourth violation and subsequent viola- vated by illegal entry or in response to criminal tions-Misdemeanor as authorized by the activity or fire and includes alarms activated _ village Code. solely by an act of nature not contributed to by (Ord. No. 6-81, § 5, 5-14-81) faulty maintenance, installation or use. Person means an individual, partnership, asso- \ ARTICLE X. ALARMS* ciation or corporation. Sec. 19-207. Definitions. Property owner means the person, if other than - For the purpose of this article, whenever any of the alarm user, who possesses legal ownership to the following words or terms are used herein, they the building or premises, in which the alarm shall have the meaning ascribed to them in this system is installed. section. (Ord. No. 11-81, § 1, TI-12-81; Ord. No. I1-93, § 1, 4-22-93) Alarm system means any device which is used in a building or premises for the .detection of unauthorized entry, burglary, or any other crimi- Sec. 19-208. Alarm system permit required. nal activity or fires, and which when activated emits a sound signal, or message to alert others, No person shall have an alarm system in- whether emitted on or off the premises or to the stalled to be operational, or use an existing alarm central office of an alarm business. serving a premises or a building, or portion thereof, occupied or controlled_by such a person, unless an Alarm business means any person engaged in alarm permit has been issued hereunder, and is in the business of selling, leasing, monitoring, main- force, authorizing the use of such alarm. The taining, servicing, repairing, altering, replacing, alarm permit shall constitute a regulatory li- moving or installing any alarm for any building tense. For any alarm system existing prior to-the place or premises. effective date of the ordinance from which this *Cross references-False fire alarms, § 12-3; licenses -article derived, an alarm permit application shall and miscellaneous business regulations; Ch. 17; false alarm of be made within sixty (60) days from notification need for police or ambulance assistance, § 19-7. by the village- to the alarm user. Alarm system - Supp. No. 13 123$ OFFENSES AND MISCELLANEOUS PROVISIONS § 19-209 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 fortwenty- 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. 13 1238.1 l TAXATION § 26-30 ARTICLE I. IN GENERAL (b) In the case of multiple-peril policies with a single premium for both the property and casu- Secs. 26-1-26-15. Reserved. alty coverages in such policies, seventy (70) per- cent of such premiums shall be used as the.basis for the two-percent excise tax referred to herein. ARTICLE II. INSURANCE EXCISE TAXES (c) The excise or license tax shall be payable . Sec. 26-16. Casualty insurance premiums. annually on the first day of March of each year. (Code 1970, § 38-20) (a) In accordance with F.S. section 185.08, the village does hereby assess and impose on every Secs. 26-18-26-28. Reserved. insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on the business of ARTICLE III. UTILITY TAX* casualty insurance as shown by the records of the state treasurer in his capacity as state insurance Sec. 26-29. Levied; rate. commissioner, an excise or license tax in addition A tax in the amount of seven (7) percent is to any lawful license or excise tax now levied by hereby imposed and levied on each and every the village amounting to one (1) percent of the purchase of electricity, metered gas and bottled gross amount of receipts of premiums from poli- gas (natural liquefied petroleum gas or manufac- cyholders on all premiums collected on casualty tured gas), within the corporate limits of -the insurance policies covering property within the village. A tax of two cents ($0.02) per gallon is corporate limits of the village. hereby imposed and levied on each and every (b) In the case of multiple-peril policies with a purchase of fuel oil within the corporate limits of single premium for both property and casualty the village. coverages in such policies, thirty (30) percent of (Code 1970, § 38-21; Ord. No. 199-69, 1, 6; Ord. such premium shall be used as the basis for the No. 222-71, § 1, 1-14-71; Ord. No. 22-79, § 1, one-percent tax above. 9-27-79; Ord. No. 9-81, § 1, 9-24-81; Ord. No. 16-92, § 1, 9-24-92; Ord. No. 23-93, § 1, 9-23-93) (c) The excise or license tax shall be payable annually March 1 of each year after the passing of Sec. 26-30. Collection. an ordinance assessing and imposing the tax herein authorized. (a) The tax imposed and levied in section 26-29 (Code 1970, § 38-19) shall be collected from the purchaser of such utilities services and paid by such purchaser for Sec. 26-17. Property insurance premiums. the use of the village to the sellers of such - electricity, fuel oil, metered gas and bottled gas (a) In accordance with F.S. section 175.101, (natural liquefied petroleum gas or manufactured the village does hereby assess and impose on gas) at the time of the purchaser paying the every insurance company, corporation or other charge therefor to the seller. insurer now engaged in or carrying on, or who (b) The sellers of electricity, fuel oil, metered shall hereafter engage in or carry on, the business gas and bottled gas (natural liquefied petroleum of property insurance, as shown by the records of the state treasurer in his capacity as state insur- gas or manufactured gas) within the corporate ante commissioner, an excise or license tax in limits of the village shall act as the tax collection addition to any lawful license or excise tax now mediums or agencies for the village, and they . levied by the village amounting to two (2) percent shall collect from the purchasers of such utilities of the gross amount of receipts of premiums from services for the use of the village the tax imposed policyholders on all premiums collected on prop- and levied by this article and shall report and pay erty insurance policies covering property within *State law reference-Public service tax authorized, F S. the corporate limits of the village. § 1ss.231. Supp. No. 13 1629 § 26-30 NORTH PALM BEACH CODE over to the village all such taxes imposed, levied Secs. 26-32-26-50. Reserved. and collected in accordance with the accounting methods and other provisions of this article. . (c) The sellers of such electricity, fuel oil, me- ARTICLE IV. TELECOMIVI[TNICATIONS tered gas and bottled gas (natural liquefied Petro- SERVICE TAX* leum gas or manufactured gas) shall account for, report and pay over all moneys received by them Sec. 26-51. Levy; rate. on or before the fifteenth day of each and every month under the provisions of this article, and -There is hereby levied and imposed by the shall submit such moneys, reports and accounting village a public service tax upon. purchases within to the village treasurer on or before the first day the municipality of telecommunications services, of the month following the fifteenth day of each as defined in F. S. section 203.012, which origi- month. The accounting and reports which shall nate and terminate in this state, at a rate of five accompany such payment shall be upon such (5) percent of the total amount charged for any forms as can be mutually agreed upon by the telecommunications service provided within the village treasurer and the sellers of such electric- village or, if the location of the telecommunica- ity, fuel oil,. metered gas and bottled gas (natural tions service provided cannot be determined, the liquefied petroleum gas or manufactured gas),. total amount billed for such telecommunications and if no such agreement can be reached, they service to a telephone or telephone number, a shall be upon such forms as are determined by the telecommunications number or device, or a village treasurer. customer's billing address located within the vil- (Code 1970, § 38-22; Ord. No. 199-69, § 5; Ord. No. lage, excluding public telephone charges collected on site, charges for any foreign exchange service 222-71, § 1, 1-14-71) or any private line _service except when such Sec. 2G-31. Exemptions. services are used or sold. as a substitute for any telephone company switched service or dedicated (a) The municipal government of the village, facility by which a telephone company-provides a its commissions and agencies, shall be exempted communication path, access charges, and any from the payment of the tax imposed and levied customer access line charges paid to a local tele- _ by this article. phone company. However, those telecommunica- (b) The tax imposed by this article shall not be tions services described in F. S. section applied against any fuel adjustment charge, and , 203.012(5)(b), shall be taxed only on the monthly such charge shall be separately stated on each recurring customer service charges excludingvari- bill. "Fuel adjustment charge" shall mean all able usage charges. increases in the cost of utility services to the (Ord. No. 18-94, § 1, 9-22-94; Ord. No. 43-96, 1, ultimate consumer resulting from an increase in 12-26-96) the cost of fuel to the utility subsequent to Octo- ber 1, 1973: Sec. 26-52. Collection. I (c) The purchase of natural gas or fuel oil by a (a) When a seller of telecommunications ser- public or private utility, either for resale or for use vices renders a bill to the purchaser to cover as fuel in the generation of electricity, or the purchases made during the period of time to purchase of fuel oil or kerosene for use as an which the bill is applicable, the amount of public aircraft engine fuel or propellant or for use in internal-combustion engines shall be exempt from *Editor's note-Ord. No. 18-94, adopted Sept. 22, 1994, did not specifically amend the-code and at the discretion of the taxation hereunder. editor said provisions have been included herein as Art. 1V, (d) The tax. imposed by this article shall not 26-51-26-54. Subsequently, Ord. No. 43-96, adopted Dec. 26, 1996, replaced provisons of Ord. No. 18-94 and have been apply to purchases by any recognized church in -included herein as Art. IV, 2s-51-26-54. Provisions of :Ord. the State for use exclusively for Church purposes. No. 43-96 did not specifically amend the Code and have been (Code 1970, § 38-23) included .at the discretion of the editor. Supp. No. 13 1630 TAXATION § 26-54 service tax shall be stated separately from gov- allowed one (1) percent of the amount of the tax ernmental charges and taxes, and shall not be collected and due to the village in the form of a levied thereon. deduction from the amount collected for remit- tance. The deduction is allowed as compensation (b) The purchaser shall pay such public service for keeping of records and for the collection of, and tax to the seller at the time of payment of each the remitting of, the tax. such bill. The seller, as collection agent for the (Ord. No. 18-94, § 4, 9-22.-94; Ord. No. 43-96, § 4, village, shall collect such public service tax from 12-26-96) the purchaser at the time of payment of each such bill. Provided and to the extent that such bills are subsequently paid, the seller shall remit the pub- lic service tax to the village in accordance with the provisions hereinafter stated. If any purchaser refuses to pay such tax specifically, the seller shall promptly inform the village of the name and address of such purchaser, and the amount of tax withheld by such purchaser. (c) Every seller is hereby required to execute and file with the village finance director no later than the twentieth (20th) day of each month a statement setting forth the amount of such public service tax to which the village became entitled under the provisions hereof on account of bills paid by purchasers during the preceding fiscal month, and contemporaneously with the filing of such statements, shall pay the amount of such public service tax to the village. (Ord. No. 18-94, § 12 9-22-94; Ord. No. 43-96, § 2, 12-26-96) Sec. 26-53. Exemptions. (a) Purchases of telecommunication services by the government of the village, its council and agencies and any recognized church in this state if used exclusively for church purposes shall be exempted from the payment of the tax imposed and levied by this part. (b) Purchases of local telephone service or other telecommunication service for use in the conduct of telecommunication service for hire or otherwise for resale shall be exempted from the payment of the tax imposed and levied by this part. (Ord. No. 18-94, § 3, 9-22-94; Ord. No. 43-96, § 3, 12-26-96) Sec. 26-54. Compensation. For the purpose of compensating the seller of telecommunication service, the seller shall be [The next page is 1681] Supp. No. 13 1631 a / -___,~ C USE OF RIGHTS-OF-WAY FOR UTILITIES § 28-3 Sec. 28-1. Rules and regulations adopted. the owner fails to make such restoration, The village hereby prescribes and adopts the the village is authorized to do so and rules and regulations [set -out in this chapter] charge the cost thereof against the own- with reference to the placing and maintaining ers. The owner shall be given notice of the along, across or on any road under the village's cost of such restoration and a copy of a jurisdiction any electrical transmission, tele- resolution requiring the payment of the phone, or telegraph lines, pole lines, poles, rail- cost thereof, and shall be given reason- ways, ditches, sewers, water, heat, or gas mains, able time, which shall not be less than pipelines, fences, gasoline tanks and ptunps, or twenty (20) nor -more than thirty (30) other structures, hereinafter referred to as the days, in which to appear before the village "utility". The provisions chapter 28 do not apply council to contest the reasonableness of to cable television systems or cable television the resolution. Should the owner or his franchises. representative not appear, the determina- (Ord. No. 15-86, § 1, 10-9-86; Ord. No. 15-97, § 1, tion of the cost to the owner shall be final. 2-17-97) The final resolution of the village shall constitute a lien on any property of the Sec. 28-2. Written permit (franchise)-ft.e- owner and may be enforced by filing an quired; term. authenticated copy of the resolution in (a) No utility shall be installed, located or the office of the clerk of the circuit court of relocated along, across or on any road under the county wherein the owner's property village jurisdiction, unless authorized by a writ- is located. The owner may obtain judicial ten permit, hereinafter referred to as a "fran_ review of the resolution of the village chise," issued by the village. within the time and in the manner pro- (b) No franchise shall be issued for a term in vided for by the Florida Appellate Rules by filing in the circuit court of the county excess of thirty (30) years. in which the utility was located a petition (c) Franchises shall not be granted to any for a writ of certiorari in the manner person who is not a resident of this state, or to any prescribed by such rules. corporation which is not organized under the laws (3) The franchise holder shall be responsible of this state or licensed to do business within this for any damage resulting from the issu- state. (Ord. No. 15-86, § 1(1-3), 10-9-86) ante of such franchise, and shall indem- reify the village against and assume all Sec. 28-3. Same-Contents. liabilities for damages which may arise or accrue to the village for any injury to All franchises shall contain the following terms persons or properties from the doing of and conditions: any work authorized by the franchise, or (1) The installation and repair of a utility the neglect of the franchise holder or any located along, across or on such road shall of its employees to comply with any ordi- be done subject to the supervision of the nance regulating the use of the streets to village. the village, and the acceptance by the (2) When any public road or right-of--way is franchise holder of the franchise shall be damaged or impaired in any way because an agreement by it to pay to the village of the installation, inspection or repair of any sum of money for which the village a utility located along, across or on such may become liable from or by reason of road or right-of--way, the owner of the such injury. utility shall, at its expense, restore the (4) The franchise holder shall obey and tom- - road or right-of--way to its original condi- ply with the village Code and all village tion before such damage or impairment. If ordinances, including, but not limited to, Supp. No. 13 1741 § 28-3 NORTH PALM BEACH CODE section 36-32 of the village Code*, as the of the fiscal year of the franchise holder, same maybe amended, from time to time. the first of such annual payment to be (5) The franchise holder shall grant to the paid on or before the first day of March to village, as a condition for issuance of the occur during the term of the franchise. franchise, the right, at and after the expi- Notwithstanding the above, the fee re- ration of the term of the franchise, in the quired of anytelephone companymay not event the franchise holder fails or refuses exceed one (l) percent of the gross re- to renew the franchise, to purchase the ceipts on recurring local service revenues property, consisting of all the works con- for services provided within the corporate str~zcted and used in the operation and limits of the village by such telephone use of the utility, together with the appur- company, as provided in F.S. section tenanees, materials, fixtures, machinery 337.401(3). and real estate pertaining thereto, which (7) The franchise holder shall. be entitled to is on hand at the time of the expiration of retain five (5) percent of the total fran- the franchise; at a price to be mutually chise fee dne the village in order to defray agreed upon; provided, However, if the its administrative expenses in complying price for same cannot be agreed upon, the with the terms and .conditions of this price shall be determined by an arbitra- franchise. tion board consisting of three (3) persons, (g) Nothing in the franchise shall. be con- one (1) of whom shall be selected by the strued as limiting or affecting in any way village, one (1) shall be appointed by the the right or power of the village to pass franchise holder and the two (2) persons ordinances regulating the use of its streets so selected shall select a third member of and rights-of--way. the board; and provided further that in the event the board cannot agree as to-the (9) ~ the event the village, or any other price to be paid by the village, then the governmental authority with jurisdiction village shall file appropriate condemna- thereof, changes or requires a change of a tion proceedings. -street or alley configuration or placement, the owner of the utility shall, at its ex- (6) As a condition for granting permission to pense, remove, move, rearrange, relocate, occupy the village streets and rights-of- repair and restore the utility in accorL way, the franchise holder shall pay to the dance and in compliance with the changed village a fee of five (5) percent of the gross street or alle confi y guration or placement. receipts of the franchise holder from local The provisions of subsection (2) above service revenues for services provided shall apply to this. section. within the corporate limits of the village (Ord. No. 15-86, § 1(4a i), 10-9-86) by the franchise holder. Such fee shall. be collected-for all commodity utility services provided within the village and shall ap- ply equally to all persons and/or institu- tions, whether not-for-profit or for-profit. This fee shall not apply to one-time charges, such as meter installations, late fees or capital recovery fees. Such fees shall be paid on or before the first day of March, June, September and December, based upon the receipts of the preceding quarter '"Editor's note-,-Section 36-32 of the 1970 village Code " appears in Appendix B, Subdivisions, of =this Code of Ordi- nances. IThe next page is 2043] f Supp. No. 13 1742 APPENDD~ C-ZONING § 45-2 ARTICLE I. IN GE1VEIt.AL Antiques: Objects of an earlier period such as furniture, jewelry, stamps, coins, miniaturized Sec. 45-1. Short title. replicas,. works of art, or other decorative articles The provisions embraced within this ordinance that are collected primarily because of their age, shall be known as the "zoning code" and may be so history, or expectation of increasing value. cited. Child care facility means a licensed facility with more than five (5) children that are unre- Sec. 45-2. Definitions. lated to the .operator of the facility and which For the purpose of this ordinance, certain words complies with F.S. chapter 402. and terms are defimed as follows: Community residential home, as defined in F.S. Accessory use is a use customarily incident and chapter 419, means a dwelling unit licensed to accessory to the principal use of land or building serve clients of the department of health and located on the sarr~e lot. rehabilitative services, .which provides a living Accessory building shall include a building environment for seven (7) to fourteen (14) unre- customarily incident and accessory to the princi- lated residents who operate as the functional pal use of land or building located on the same lot. equivalent of a family, including such supervision In R-1 and R-2 residential dwelling districts an and care by supportive staff as may be necessary accessory building shall be limited to an automo- to meet the physical, emotional, and social needs bile garage. of the residents. Adult entertainment. Adult entertainment means Decorative post structure is the support base for any adult arcade, adult theater, adult booth, adult alight fixture and shall comply with the following bookstore/adult video store, adult motel or adult requirements: dancing establishment as defined in Ordinance No. 88-31, Palm Beach County Adult Entertain- (1) The installation of a decorative post struc- ment Code; or any establishment or business tore shall comply with all village build- operated for commercial gain where any em- ing, electrical and zoning codes. ployee, operator or owner exposes his/her speci- fied anatomical area for viewing by patrons, in- (2) Free standing. chiding but not limited to: massage establishments (3) Conform with the architectural design of whether or not licensed pursuant to Chapter 480, the main building veneer. Florida Statutes, tanning salon, modeling studio, (4) May be located within the main building or lingerie studio. setback areas. Antenna is a transmitting or receiving device (5) Not more than two (2) decorative post used in communications that radiates or captures structures per driveway entrance and not electromagnetic waves, digital signals, analog sig- more than four (4) decorative post struc- nals, radio frequencies (excluding radar signals), tares per lot. wireless telecommunications signals or other com- munication signals. (See antenna tower for appli- (6) Not more than thirty (30) inches iri width cable regulations), and depth and/or diameter. Antenna tower is a guyed, monopole or self- (7) Not less than eighteen (18) inches setback supporting structure, whether free standing or from any lot line. . attached to another structure, containing one or (8) Not more than thirty six (36) inches in more antennas intended for transmitting or re- height without a fixture. Exception: Not ceiving television, AM/FM radio, digital, micro- more than seventy-two (72) inches in height wave, cellular, telephone or similar form of elec- without a fixture when setback amini- tronic communication. mum of thirty-five (35) feet from any side Sapp. No. 13 2481 § 45-2 NORTH PALM BEACH CODE lot line or rear lot Iine on corner lots and hours provided the .total number of children, not less than thirty-six (36) inches from including the caregiver's own and those related to any public right-of--way. the caregiver, does not exceed ten (l0). Detached fence storage area is a storage area Floor area is all usable floor space within the attached to a fence erected on the property line in exterior walls of a structure. conformance with fence requirements of the North Front, side and rear line of a building shall be Palm Beach Code. Such storage area shall not deemed and construed to include both the main exceed three (3) feet in depth nor be longer or portion of such structure and all projections there- higher than the fence to which it is attached. Said from,. including any garage, carport or an ex- storage area shall be constructed of the same tended roof beyond the normal eave or cornice material, design and color as the fence to which it forming a cover or roof-over an entrance to such is attached and the fence and storage area shall dwelling. Any awnings or shutters supported by be constructed of opaque materials which prop- vertical posts,. columns or pipes shall also consti- erly screen the interior of the storage area from tute the building line. The building line shall not the view of the adjacent property owners. De- include the eaves of such. structures nor any open tacked fence storage areas shall not be erected terraces, stoops, steps, or planting boxes which do closer to the street than the adjacent front wall of not extend more than four (4) feet above the level the main building. Na such storage area shall be of the yard grade. erected unless its construction conforms to village ordinances. Front yard is that area between the front Drug store is a store engaged in the sale of building line and the front line of the lot, and extending from one (1.) side line to the other. prescription. drugs and other items not necessar- ily related to pharmaceuticals. Lamp post is a free standing structure that is Dwelling is any building or structure designed not more than four (47 inches in width and depth and/or diameter and not more than eighty-four exclusively for residential occupancy. A dwelling (g4) inches in height. The installation of a lamp _ may be designed for one-family, two-family or post shall comply with all village building, elec- multiple-family occupancy, but not including ho- trical and zoning codes. A lamp post may be tels, clubs, motels, boarding or lodging houses or installed within the main building setback area. - house trailers whether such trailers be mobile or located in stationary fashion as when on blocks or Lining area is that area within any dwelling or other foundation. rooming unit, measured between the inner sides of the exterior walls,. made usable for human Dwell-ing unit is a single unit providing com- habitation, with the following exceptions: Any lete inde endent living facilities for one (1) or ace that is not accessible p P unlit room or story e s 3' g p more persons including permanent provisions for from within the principal. structure; all common living, sleeping, eating, cooking and sanitation. corridors, hallways or exits provided for access or Family day cure home is an occupied residence vertical travel between stories of apartments of in which child care is regularly provided for five multifamily units. (5) or fewer preschool children from more than Lot is a parcel of land occupied or to be occupied one unrelated family and which receives apay- by one (1) main building and its accessory build- ment, fee or grant for any of the children receiving ings with such open and parking spaces as are care, whether or not operated for profit. The required by the provisions of this ordinance,. and maximum five (5) preschool children shall include having its principal frontage upon a street. preschool children living in the home and pre- school children received for day care and not Lot of record is a part of the land. subdivision, related to the resident caregiver. Elementary school the map of which has been recorded in the office of siblings of the preschool children receiving day the clerk of the- court of Palm Beach County, care may also receive day care outside of school ~ Florida. Supp. No. 13 2482 I APPENDIX C--ZONING § 45-2 Mobile home park means a residential tenancy in which a mobile home is placed upon a rented or leased lot in a parkin which ten (10) or more lots are offered for rent or lease. Motel is a group of two (2) or more attached, detached, or semidetached buildings containing guest rooms or apartments with automobile stor- age orparking space provided in connection there- with, designed and used primarily by automobile transients. Occupied shall be deemed to include the words "arranged," "designed" or "intended to be occupied." Supp. No. 13 2482.1 c APPENDIX C-ZONING § 45-21 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- ia conformance with these regulations. eas, or any male or female forms at or below the clavicle). (8) Supplemental administrative requirements. (9) Display or exposure of specified anatomical (a) Rules of construction. This section shall area. It shall be unlawful for any person to be liberally construed to accomplish its display or expose any specified anatomical area to purpose of regulating and dispersing adult others, regardless of whether such person is ac- entertainment establishments and re- tually engaging in dancing, in any commercial lated activities. establishment where alcoholic beverages are, or (b) Development design and improvement stern- are available to be sold, dispensed, consumed, lords. 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 err- 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- nished the village in writing prior to issuance or ees which include the exposure of speci- renewal of an occupational license of the village fled anatomical areas shall be visible from and at such other times as requested by village the exterior of the adult business prem- officials. The failure to make such disclosure shall ises in any way including, but not limited result in either the loss of occupational license or to, exterior apertures such as opened doors the failure of the village to issue a new occupa- and unobscured windows. tional license or renewal thereof. (e) No merchandise, advertising or depic- (11) Enforcement. The provisions of this Code tions of the activities of an adult business may be enforced by: shall be displayed on the exterior of the adult business premises or in any location (a) A suit brought by the village council in the where they are visible from public right- Circuit Court of Palm Beach County to of-way. restrain, enjoin, or prevent a violation of (f) No adult business shall display a sign: this Code; and (1) Advertising the presentation of any (b) Enforcement proceedings by the village's activity prohibited by Florida Stat- code enforcement board; and ute law or any applicable village (c) Criminal prosecution; and ordinance; or (d) Any and all other legal proceedings and (2) Capable of leading a reasonable per- remedies available to the village as pro- son to believe that the establishment vided by law. engages in an activity prohibited by (Ord. No. 22-95, § 1, 7-17-95; Ord. No. 37-95, Florida Statute law or any applica- 1-8, 12-14-95; Ord. No. 6-96, § 1, 1-25-96) _ ble village ordinance. (3) Containing any flashing lights, pho- See. 45-21. Telecommunicationsantennaand tographs, silhouettes, drawings or antenna towers. pictorial representations of any man- Antenna and/or antenna towers owned and ner (except for the logo of the estab- operated subject to provisions of the Telecornmu- Stipp. No. 13 2486.3 § 45-21 NORTH PALM BEACH CODE nications Act of 1996 may be located and con- bons will be considered only after strutted in accordance with the following provi- the applicant for an antenna or an- lions: tenna tower has to the fullest extent . (1) a. The village planning commission will practicable, demonstrated to the vil- consider, in accordance. with article Iage council that all existing strut- III of chapter 6 of the village code of tares either will not accommodate ordinances, applications for telecom- an antenna installation or are not munication antenna and/or antenna available for an antenna or antenna towers which are attached to, or re- tower installation. If an antenna or place existing structures provided antenna tower cannot be located on any existing structure without un- the overall height of the antenna reasonably compromising the an- and/or tower does not extend more tenna tower's signal reception or than twenty (20) feet above the ex- transmission capability orunreason- isting structure. ably compromise the communication b. In approving a tower or antenna system's capability, the village coun- location, the planning commission cif 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 visa- 1. C-2, general commercial dis- ally offensive installation to be the trict most preferred location for such in- 2. -COS, conservation and open stallations. Such structures may in- space district elude but are not limited to highrise 3. P, public district residential or commercial buildings,. 4. C-1, neighborhood commercial sports lighting poles, existing an- district or C-3 regional busi- tenna towers and/or public utility ness district - structures. - 5. CA, CB, or C1A, restricted or (2) New free standing towers/antenna loca- limited commercial district bons and new tower/antenna locations 6, R3, apartment dwelling district which do not conform to section 45-I of Alternative properties and zoning dis- this article may only be allowed by special tricts may only be considered after it III exception granted by the village council has. been.. demonstrated that an an- subject to the following criteria: tenna tower cannot be located on a. The village council shall consider any higher preferred property or zon- when evaluating whether to approve ing district. an antenna/tower location whether The village council shall act to ap- there is suitable and reasonably avail- prove the tower/antenna location by able public or private property which special exception. Upon the granting would physically accommodate the of a special exception for location, tower or antenna without unreason- the application will be remanded to ably compromising the antenna's sig- the village planning commission for nal reception or transmitting capa- approval in accordance with article bility or unreasonably compromise III of chapter 6 of the: village code of the communication system capabil- ordinances... ity, and without negatively impact- c. In no case may atower/antenna fin- ing the aesthetics of the tower. _ stallation height exceed more than b. New free standing tower/antenna lo- twenty (20) feet above the maximum j cations and new tower/antenna loca- - height allowed by this code. t\ supp. No. 13 2486.4 APPENDIX C-ZONING § 45-27 (3) Any applicant requesting antenna tower hundred (100) feet from the highwater line, which- location approval is required to accommo- ever distance is greater, for all property bordering date antenna facilities of other providers on the Atlantic Ocean. The measurement of the (co-location), on a nondiscriminating ba- setback from the dune line and the highwater line sis, to avoid duplication of the erection of shall be to the closest edge of any building to be such towers or provide verifiable objective constructed on the Atlantic oceanfront. data, why it cannot do so. Moreover, it will (Ord. No. 23-72, § 1) be presumed that if a proposed site is - within one-half mile of an existing an- Secs. 45-23-45-26. Reserved. tenna tower that can reasonably accom- modate the applicant's antenna, a denial of the application would not result in an ARTICLE III. DISTRICT REGULATIONS* unreasonable compromise to the applicant's communication system capability or an Sec. 45-27. R-1 single-family dwelling dis- unreasonable compromise to the antenna trict. tower's reception or transmission capabil- ity. A. Uses permitted. Within any R-1 single- (4) The applicant must to the fullest extent family dwelling district no building, structure, practicable, demonstrate to the village land or water shall be used except for one (1).or that the antenna tower and accessory more of the following uses: equipment buildings will be screened from 1. Single-family dwellings with accessory view by architectural features, landscap- buildings customarily incident thereto. ing, existing natural vegetation, or will be 2. Public schools. aesthetically designed to blend into and harmonize with the area or location sur- 3• Parks and recreation facilities owned or rounding the antenna or .antenna tower leased by or operated under the supervi- site in accordance with the village of North sion of the Village of North Palm Beach. Palm Beach Appearance Plan. 4. Detached fence storage areas. (5) Antenna or antenna towers shall not be 5. Satellite dish antenna. artificially lighted except as required for public safety purposes, or by the Federal 6. Community residential homes. Commu- Aviation Administration (FAA). Signage pity residential homes of six (6) or fewer shall not be allowed except as required for residents which otherwise meet the deft- - public safety purposes, or by the Federal nition of a community residential home, Communications Commission (FCC). provided that such homes shall not be located within a radius of one thousand (6) To the extent not in conflict with the (1,000) feet of another existing such home provisions described above, any proposed with six (6) or fewer residents. antenna or tower or accessory equipment building will be subject to all applicable 7. Family day care home. village codes and regulations. g, Lamp post. (Ord. No. 12-97, § 1, 2-27-97) Editor's note-Section 45-21, relative to oceanfront land 9• Decorative post structure. in the R-1 district, has been repealed by Ord. No. 4-82, § 1, enacted Jan. 28, 1982. The former section did not bear a B. Building height regulations. No main build- history note. Subsequently, Ord. No. 12-97, § 1, adopted Feb. ing shall exceed two (2) stories in height and no 27, 1997 added new provisions pertaining to telecommunica- aCCOSSOry budding more than One (1) Story. tions antenna and antenna towers as herein set out. Sec. 45-22. Oceanfront land-Ocean setback. C. Building site area regulations. The mini- There shall be a building setback line of not mum lot or building site area for each. single- less than fifty (50) feet from the dune line, or one *Cross reference-Home occupations, § 17-2. Supp. No. 13 2486.5 § 45-27 NORTH PALM BEACH CODE 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. 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured from the rear building line to the rear lot line. 3. Side yards. There shall be a side yard on each side of the side building line of not less than ten (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side' street line of any such lat. (a) For a distance of one block on streets intersecting U.S. #I, measured from the right-of--way line of said U.S. #1, side yards of at least twenty-five (25) feet in depth shall be provided. - E. Off-street parking regulations. At least one - parking space of at least two hundred (200) square feet shall be provided, consisting of a durable - surfaced area, enclosed in the dwelling, in an accessory building or in an unenclosed area, ex- j elusive of the driveway connecting the- parking space with the street. (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. No. 1'7-90, § 2, 6-28-90; Ord. No. 29-95, § 2, 9-28-95) Sec. 45-28. Rr2 multiple-family dwelling dis- trict. A. Uses permitted. Within any R-2 multiple- family dwelling district, no building structure, land or water shall be used, except for one (1) or more of the following uses: 1. Any use permitted in the R-1 single- family dwelling district. t Supp. No. I3 2486.6 APPENDIX C-ZONING § 45-31 Table of Parking Fable of Parking Uses Spaces Required Uses Spaces Required Medical and den- One (1) .space for each one spaces shall be provided tal clinics; doctors hundred fifty (150) square for each dwelling unit con- anddentists offices feet of floor area up to three taming three (3) or more thousand (3,000); one (1) bedrooms, with the provi- additional space for each sion that for an uneven additional two hundred number of units, the frac- (200) square feet up to-five tional space result pro- thousand (5,000); one (1) duced by the application of additional space for each such formula shall count additional two hundred as a full space; provided, fifty (250) square feet over however, that in multiple- five thousand (5,000) family dwellings contain- . Mortuaries or fu- Five (5) spaces per parlor or ing more than thirty (30) neral parlors chapel unit; or one (1) per dwellings units, for each four (4). seats, whichever is dwelling units in excess of greater thirty (30) units and up to sixty (60) units one (1) such Private clubs, One (1) per three (3) mem- space shall be provided for lodge or union tiers based on the maxi- each dwelling unit contain- headquarters mum design capacity of the ing not more than two (2) facility bedrooms,. and for each Retail stores and One (1) per two hundred (200) dwelling unit in excess of sixty (60) dwelling units personal .service square feet of retail floor one and one-half (1~/a) such establishments ex- space spaces shall be provided cept as otherwise for each dwelling unit con- specified herein taming not more than two Shopping centers There shall be a ratio of four (2) bedrooms, and two and containing five (5) (4) square feet of parking one-half (2i/a) of such spaces or more stores, or (including driveways re- shall be provided for each fifteen thousand quired for ingress and dwelling unit containing (15,000) square egress and circulation) to three (3) or more bedrooms, feet of building each one (1) square foot of with the provision that for retail floor space an uneven number of units, the fractional space result Time-share units Off-street parking regula- produced by the applica- tions. For each time-share tion of such formula shall unit structure, there shall count as a full space (For be provided two (2) or more examples: Thirty (30) parking spaces of two hun- dwellings units containing dyed (200) square feet each, ~ two (2) bedrooms each shall in accordance with the fol- require sixty (60)off-street lowing formula: Two (2) parking spaces; sixty (60) such spaces shall be pro- dwelling units containing vided for each dwelling unit two (2) bedrooms each shall containing not more than require ninety (90) off- two (2) bedrooms, and two street parking spaces; and and one-half (2~/z) of such Supp. No. 13 2493 § 45-31 NORTH PALM BEACH CODE j Table of Parking 5. Plans for the layout of a parking lot must Uses Spaces Required be approved by the village engineer based on design standards approved by the In- ninety (90) dwelling units stitute of Traffic Engineers. containing two (2) bed- 6. The parking lot shall not have access from rooms each shall require amore restrictive zoning district. one hundred thirty-five 7, No parking shall be permitted in the first. (135) off-street parking ten (10) feet of the required front- yard spaces). depth, measured from the front property Auditoriums and One (1) per three (3) people line or the first ten (10) feet of a side or places of assem- based on the maximum de- rear yard when the side or rear yard bly without fixed sign capacity of the strut- abuts a residential zoning district, except. seats tore as modified in paragraph 4 above. The restriction against parking in the first ten Veterinary estab- Five (5) spaces per veterinar- (10) feet of the required front yard depth lishments ian based on the maxi- measured from the front property line mum design capacity of the shall not apply to those properties which facility or five (5) spaces have complied in full with the landscap- for every four hundred ing provisions of Chapter 41-16 through (400) square feet of usable 41-25 [chapter 27, article III] both inclu- floor space, whichever is live. greater g, Clearly defined driveways entering on U.S. H. Off-street parking lot layout, construction [~ghway No.] 1 shall be constructed us- and maintenance. Whenever the required off- ing a raised curb of at least six (6) inches street parking requires the building of a parking in height to delineate the driveways. All lot, and wherever a parking lot is built, such streets intersecting with U.S. [Highway parking lot shall be laid out, constructed and No.] 1, currently designed driveways shall maintained in accordance with the following reg- be constructed using both concrete button ulations: markers of at least four (4) inches in 1. Each parking space shall be not less than height placedtwenty-four (24) inches apart two hundred (200) square feet in area and to delineate the driveways. Such drive- shall be adefinitely designated and marked ways shall have separate ingress and stall adequate for one (1) motor vehicle. egress Ianes not to exceed twenty (20) feet in width, exclusive of curb returns. 2. All areas devoted to permanent off-street ~e ingress and egress driveways shall parking as required under this section be separated by [a] six-inch. raised curb shall be built. in accordance with specifi- island of not less than three (3) feet in cations for streets and parking of the width and ten (IO) feet in depth back from Village of North Palm Beach and main- the right-of--way. Driveways for two (2) tained in such. manner that no dust will adjacent, separately owned parcels may result from. continuous use. be located on their joint property line. In 3. The parking lot shall be drained to elim- all cases,. driveways may not be located irate surface water. closer than forty (40) feet to an intersec- 4. Where parking lot abuts a residential tion. Except incases where driveways are district which hascommon frontage in the located on joint property lines,. all drive- same block with the parking lot, there ways must be not less than twenty-five shall be established a setback line of twen- (25) feet from the adjacent property line. ty-five (25) feet from the street lot line for Only one (1) such combined driveway shall the first twenty-five (25) feet from the be permitted for each lot with a width of residential zone. one hundred (100) feet or less. Supp. No. 13 2494 i APPENDIX C-ZONING § 45-31.1 9. The rear yard of all lots in the C-lA 2. Restaurants and cocktail lounges where district shall be designed and improved to food and drink may be consumed on the facilitate loading and unloading. There premises only and where eating and serv- shall be adequate space for standing, load- ing areas are entirely contained within ing and. unloading services to avoid undue the building, not including drive-in ham- interference with public use of streets or burger, ice cream, soft drink or other alleys. drive-in and/or carry-out eating establish- I. Time-share structures; floor area. In time- ments. share structures, each dwelling unit having-one 3. Financial institutions. (1) bedroom shall have a minimum floor area of seven hundred fifty (750) square feet; an addi- 4. Professional offices. tional one hundred fifty (150) square feet of floor 5. Churches. area shall be required for each additional bed- 6. Personal service establishments, such as room provided. barbershops, beauty shops and health sa- d. Architecture. To provide the village with Ions. harmonious development, but without undue re- 7• Florist shops. strictions, the following features are required: 1. All building fronts and sides must be 8. Clothing stores. completely enclosed except for necessary 9. Stationery .stores, bookstores and/or art doorways for ingress and egress. supply shops. 2. No canopies are permitted unless con- 10. Pharmacies or apothecaries. strutted of metal, or other permanent 11. Photographic studios and camera shops. materials and are installed parallel to the store front sidewalks not less than nine I2. Sporting goods stores. (9) feet above the sidewalk. 13. Personal gift shops.- (Ord. No. 10-72, § 1; Ord. No. 13-72, 7-13-72; Ord. No. 4-73; Ord. Na IO-73, § 6, 9-13-73; Ord. No. 14. Jewelry stores. 22-82, 2, 3, 9, 12-9-82; Ord. No. 23-90, § 2, 15. Bakery shop, retail. 6-28-90; Ord. No. 46-96, § 1, 12-12-96) 16. Candy shop, retail. Editor's note~ection 45-31(I~ entitled "Signs" was re- pealed by Ord. No. 13-72 enacted July 13, 1972. Sign regula- 17. Cigar/tobacco shop. tions can be found in Chapter 6, Article V, of this Code. 18. Seamstress. .Sec. 45-31.1. CB commercial district. 19. Shoe repair shop. A. General description. This tourist-commer- 20. Tailor shop. cial district is established to provide areas within which the principal use of land is devoted to commercial establishments and tourist-oriented C. Conditions for permitted uses: trade. The intent is to reserve lands which, be- 1. All activities, sales and storage of goods cause of particular location and natural features, must be conducted entirely within com- are adapted to local and tourist uses, and to pletely enclosed buildings with perma- encourage the development of these locations for vent nonmoving outside walls. such uses and in such manner as to minimize traffic hazards and interference with other land 2. No outside sidewalk or parking lot stor- age [or] display of merchandise will be uses. permitted. B. Uses permitted. The following uses are per- 3. No manufacturing or production of prod- mitted in the CB commercial district: ucts for retail or wholesale will be permit- 1. Reserved. ted. Supp. No. 13 2495 § 45-31.1 NORTI3 PALM BEACH CODE D. Building height regulations. No building or G. Off-street parking and loading regulations. structure shall exceed two (2) stories or twenty- five (25) feet. Elevator towers and mechanical- 1. Any area once designated as required apparatus-are not restricted to the twenty-five- off-street parking shall not be changed to foot limit. any other use unless and until equal fa- cilities are- provided elsewhere. E. Building site area regulations: 1. Minimum building lot size. The minimum 2. Off-street parking existing at the effective lot of building site area for each commer- date of these regulations in connection cial building shall be fifty thousand. (50,000) with the operation of an existing building square feet and have a width of not less or use shall not be reduced to an amount than two hundred fifty (250) feet mea- less th sured at the front and rear lot lines and at an hereinafter required fora simi- lar new buildin or use. the front building line. g 2. Maximum lot coverage. Main and acces- 3. Two. (2) or more buildings or uses may sory buildings shall cover no more than collectively provide the required off-street thirty-five (35) percent of the total lot p~.~g, ~ which case the required num- area. ber of parking spaces shall not be less 3. Minimum lot coverage. No main and ac- than the sum of the requirements for the cessory buildings shall be constructed that several individual uses computed sepa- would occupy less than ten (10) percent of rately. the total lot area or five thousand (5,000) square feet, whichever is greater. 4. The required off-street parking shall be F. Yards. for occupants, employees, visitors, pa- trons, and shall be limited in use to motor [l.] Front yards. All buildings facing U.S. vehicles. The storage of merchandise, mo- [Highway No.] 1 shall set back from the for vehicles- for sale or the repair of vehi- right-of--way to provide a front yard of not cles is prohibited. less than twenty-five (25) feet. All build- ings shall [be] set back from the right-of Table of Parking Spaces Required way of streets which intersect with U.S. [Highway No.] 1 providing a yard of not Table of Parking less than twenty-five (25) feet. Uses Spaces Required [2.] Side yards. All buildings one (1) or two (2) Banks, business or One (1) per three hundred stories in height or less than twenty-five professional offices (300) square feet of usable (25) feet in height shall have a combined excluding doctors floor area, plus one (1) per side yard minimum width of forty (40) and dentists each three (3) employees. feet. Barbershop or Two (2) per barber or three Zero side yard setbacks are permitted beauty shop (3) per beautician based provided all other requirements of this on the design capacity of section are complied with. the structure. [3.] Rear yard. All buildings less than twenty- Churches One (1) per four (4) seats; or five (25) feet in height or two (2) stories in one (1) per thirty (30) height shall be set back from the rear lot square feet of usable floor line so as~ to provide a rear yard of not less area of auditorium, which- than thirty (30) feet. ever is greater. Supp. No. 13 2496 I APPENDIX C-ZONING § 45-31.1 Table of Parking Table of Parking Uses Spaces Required Uses Spaces Required Restaurants and One (1) space for each seven- Time-share units Off-street parking regula- cocktail lounges ty-five (75) square feet of tions. For each time-share where food and area devoted to patron use, unit structure, there shall drink may be con- or one (1) space per three be provided two (2) or more sumed on the (3) fixed seats, whichever ~ parking spaces of two hun- premises only and is the greater, plus one (1) dred (200) square feet each, where eating and space for each one and one- in accordance with the fol- serving areas are half (1'/z) projected employ- lowing formula: 1~vo (2) entirely contained ees who would be actually such spaces shall be pro- within the build- working during peak em- vided for each dwelling unit ing, not including ployment hours. containing not more than drive-in ham- two (2) bedrooms, and two burger, ice cream, and one-half (21/z) of such soft drink or other spaces shall be provided drive-in and/or car- for each dwelling unit con- ry-out eating es- taiiung three (3) or more tablishments bedrooms, with the provi- sion that for an uneven Hotels, motels and Three (3) spaces, plus an ad- number of units, the frac- tourist courts ditional space for each tional space .result pro- guestbedroom, plus an ad- duced by the application of ditional space for each fif- such formula shall count teen (15) rooms or portions as a full space; provided, thereof. For example, a fif- however, that in multiple- teen-room motel would family dwellings contain- - need nineteen (19) park- ing more than thirty (30) ing spaces. dwellings units, for each Medical and den- One (1) space for each one dwelling unit in excess of tal clinics; doctors hundred fifty (150) square thirty (30) units and up to and dentists offices feet of floor area up to three sixty (60) units one (1) such thousand (3,000); one (1) space shall be provided for additional space for each each dwelling unit contain- additional two hundred ing not more than two (2) (200) square feet up to five bedrooms,. and for each thousand (5,000); one (1) dwelling unit in excess of additional space for each sixty (60) dwelling units additional two hundred one and one-half (li/z) such fifty (250) square feet over spaces shall be provided five thousand (5,000). for each dwelling unit con- taining not more than two Retail stores and One (1) per two hundred (200) (2) bedrooms, and two and personal service square feet of retail floor one-half (2~/z) of such spaces establishments, space. shall be provided for each except as other- dwelling unit containing wise specified three (3) or more bedrooms, herein with the provision that for an uneven number of units, the fractional space result Supp. No. 13 2497 § 45-31.1 NORTH PALM BEACH CODE Table of Parking shall be built in accordance with specifi- Uses Spaces Required cations for streets and parking of the Village of North Palm Beach and main- produced by the applica- tained in such manner that no dust will tion of such formula shall result from continuous use. count as a full space (For example: Thirty (30) dwell- 3. The parking lot shall be drained to elim- ings units containing two irate surface water. (2) bedrooms each shall re- 4. Where parking lot abuts a residential quire sixty (60) off-street district which has common frontage in the parking spaces; sixty (60) same block with the parking lot, there dwelling units containing shall be established a setback line of twen- two (2) bedrooms each shall ty-five (25) feet from the street lot line for require ninety (90) off- street parking spaces; and the first twenty-five (25) feet from the ninety (90) dwelling units residential zone. containing two (2) bed- 5. Plans for the layout of a parking lot must rooms each shall require be approved by the village engineer based one hundred thirty-five on design standards approved by the In- (135) off-street parking stitute of Traffic Engineers. spaces). 6. The parking lot shall not have access from Building lots con- There shall be a ratio of four amore restrictive zoning district. taming five (5) or (4) square feet of parking 7 No parking shall be permitted in the front more stores, or fif-- (including driveways re- yard or the side yard. teen thousand quired for ingress and ~ (15,000) square egress and circulation) to feet of building each one (1) square foot of I. Time-share structures; floor area. In. time- retail floor space. share structures, each dwelling unit having one (1) bedroom shall have a minimum floor area of Veterinary estab- Five (5) spaces per veterinar- seven hundred fifty (750) square feet; an addi- lishments ian based on the maxi- tional one hundred fifty (150) square feet of floor mum design capacity of the area shall be required for each additional bed- facility, or five (5) spaces room provided. for every four hundred (400) square feet of usable J. Architecture. To provide the village with floor space, whichever is harmonious development, but without undue re- gi•eater. strictions, the following features are required: H. Off-street parking lot Zayout, construction 1. All building fronts and sides must be and maintenance. Whenever the required off- completely enclosed except for necessary street parking requires the building of a parking doorways for ingress and egress. lot, and wherever a parking lot is built, such parking lot shall 'be laid out, constructed and 2. No canopies are permitted unless con- maintained in accordance with the following reg- strutted of metal or other permanent ma- ulations: teriais and [unless the canopies] are in- t. Each parking space shall be not less than stalled parallel to the store front sidewalks two hundred (200) square feet in area and not less than nine (9) feet above the side- shall be adefinitely designated and marked walk. stall adequate for one (1) motor vehicle. (Ord. No. 10-73, § 6, 9-13-73; -Ord. No. 1-78, § 1, 2. All areas devoted to permanent off-street 2-9-78; Ord. No. 22-82, 4, 5, 9, 12-9-82; Ord. No, parking as required under this section 15=84, § 2, 7-12-84; Ord. No. 47-96, § 1, 12-12-96) Supp. No. 13 2498 APPENDIX C-ZONING § 45-32 Sec. 45-32. C-lAlimited commercial district. each two hundred (200) square feet A. Uses permitted. Within any C-lA limited of workshop area above the first floor, commercial district, no building, structure, land there shall be provided one (1) two or water shall be used, except for one (1) or more hundred-square-foot parking space. of the following uses: d. For each three hundred (300) square feet of floor area used for office pur- l. Reserved. poses, there shall be provided one (1) 2. Hotels, motels and time-share units. two hundred-square-foot parking 3. Restaurants other than drive-in restau- space. rants, including cocktail lounges. e. All new marinas and major improve- 4. Nursery and private schools. ments to existing marinas shall pro- videsewage pump-out service to boats 5. Golf club and its accessory uses such as seven (7) meters (twenty-two and restaurant, bar, driving range and equip- ninety-seven hundredths (22.97) feet) meat store. in length or more. 6. Professional offices including real estate offices, finance offices, medical and dental B. Building height regulations. No main build- clinics and the like, providing same are ing shall exceed two (2) stories or thirty (30) feet architecturally and structurally in hat- in height at the required front, rear and side mony with the spirit of the community. building lines, For structures in excess of two (2) 7. Marinas and their accessory uses such as stories in height, five (5) feet shall be added to the wet boat storage facilities, indoor dry boat required front, rear and side yards for each story storage facilities, gasoline supplies and added to the building in excess of two (2). No main such minor repair facilities as are inciden- building, however, shall occupy more than thirty- tal to boat storage and which do not five (35) percent of the site area so required. involve major boat and/or engine over- haul, provided all facilities are architec- C. Building site area regulations. turally and structurally in harmony with 1. For single- and multiple-family dwelling the spirit of the community. Provided fur- structures, the same as required in the ther that: R-1 and R-3 districts, respectively. a. For each three thousand (3,000) cu- bic feet of designated boat storage D. Yard space regulations. space connected with indoor dry boat 1. Front yards. storage facilities, there shall be pro- vided one (1) two hundred-square- (a) For main structures of two (2) sto- footparking space, exclusive of work- ties or less, there shall be a front shop and office areas. yard of not less than fifty (50) feet measured from the street line to the b. For each one and one-half (h/a) des- front line of the main building. ignated boat storage spaces con- nected with wet boat storage facili- (b) For structures in excess of two (2) ties, there shall be provided one (1) stories in height, the front yard depth two hundred-square-foot parking required shall be controlled by the space, exclusive of workshop and of- provisions defined in paragraph B of fice areas. this section. c. For each one hundred (100) square 2. Rear yard. feet of workshop floor area,. there (a) For main structures of two (2) or less shall be provided one (1) two hundred- stories, the same as for R-1 and R-2 square-foot parking space, and for district. Supp. No. 13 2499 § 45-32 NORTH PALM BEACH CODE ~- -_ (b) For structures in excess of two (2) depth, measured from the front property stories in height, the rear depth re- line. The restriction against parking in quired shall be controlled by the the first ten (10) feet of the required front provisions defined in paragraph B of yard depth measured from the front prop- this section. erty line shall not apply to those proper- 3. Side yards. ties which have complied. in fiill with the landscaping provisions of chapter 41-16 (a) For structures of two (2) stories or through 41-25 [chapter 27, article III], less, the same as for R-1 and R-2 both inclusive. districts. Each convalescent hospital and (b) For structures in excess of two (2) nursing home shall be provided with stories in height, the side yard re- one (1) parking space (200 square quirements shall be controlled by feet) for each six (6) beds in the the provisions defined in paragraph establishment, plus one (1) parking B of this section. ~ space for each three hundred (300) (c) For a distance of one (1) block on square feet of administrative and area within. the buldin service streets intersectin U.S. [Highway g g No.] 1, measured from the right-of- (kitchen, service halls, chapel, din- way line of said U.S. [Highway No.] ing room, lounge, visiting areas and 1, side yards of at least twenty-five treatment rooms). (25) feet in depth shall be provided. F. Floor area regulations. E. Off-street parking regulations. 1. In multiple-family dwelling structures, 1. For single- and multiple-family strut- each dwelling unit having one (1) bed- j tares, the same as for the R-1 and R-3 room shall have a minimum floor area of f districts,. respectively. seven hundred fifty (750) square feet. An 2. Churches, the same as for the R-2 multiple- additional one hundred fifty (150) square family dwelling district. feet of floor area shall be required for each additional bedroom provided. 3. For hotels, one (1) space for each three (3) bedrooms, plus one (1) additional space 2. In time-share structures, each dwelling for each five (5) employees. unit having one (1) bedroom shall have a minimum floor area of seven hundred 4. Hotel apartments, one (1) space for each fifty (750) square feet; an additional one dwelling unit. hundred fifty (150) square feet of floor 4.1. Time-sharing units, the same as for C-A area shall be required for each additional commercial district. bedroom provided. 5. Motels, one (1) space for each guest bed- G. Conditions for permitted uses: room, plus one (1) space for the resident 1. All activities, sales and storage of goods manager or owner. must be conducted entirely within com- b. Restaurants, one (1) space for each seventy- pletely enclosed buildings. with perma- five (75) square feet of floor area devoted neat nonmoving outside walls. to patron use, or one (1) space per three 2. No outside sidewalk or parking lot stor- (3) fixed seats, whichever is the greater, age [or] display of merchandise will be and one (1) space for each one and one- permitted. half (1~/2) projected employees who would (Ord. No. 10-72, § 2; Ord. No. 4-73; Ord. No. be actually working during peak employ- 10-73, § 7, 9-13-73; Ord. No. 14-74; Ord. No. ment hours. 14-76, § 1, 7-8-76; Ord. No. 22-$2, 6, 7, 9, 7. No parking shall be permitted in the first 12-9-82; Ord. IVo. 9-87, § 1, 5-28-87; Ord. No. ten (10} feet of the required front yard 17-90, § 4; 6-28-90; Ord. No. 23-90, § 3, 6-28-90) Sapp. No. 13 2500 APPENDIX C-ZONING § 45-33 Sec. 45-33. C-1 neighborhood commercial height, five (5) feet shall be added to the required district. front-yard setback for each story in excess of two (2) or in excess of thirty (30) feet in height. No A. Uses permitted. Within any C-1 neighbor- structures however, shall occupy more than thirty- hood commercial district, no building, structure, five (35) percent of the site area so required. land or water shall be used, except for one (1) or more of the following uses: C. Building area regulations. For single- and 1. Any use permitted in the C-lA limited multiple-family dwelling structures, the same as commercial district. _ for the R-I and R-3 districts, respectively. 2. Any retail business or commercial use D. Yard. space regulations. There shall be a which does not involve the manufacturing front yard of not less than fifty (50) feet measured or processing of products. from the street line to the front building line, 3. Personal service establishments, includ- except along both sides of U.S. 1, no setback less ing, but not limited to, banks, barber- than one hundred (100) feet in depth measured shops, bowling alleys, beauty salons, med- from the front building line shall be provided. ical and dental clinics, professional and For a distance of one (1) block on streets other offices, funeral homes, filling sta- intersecting U.S. 1, measured from the right-of- tions, shoe repair shops, laundry pickup way line of said U.S. 1, side yards of at least stations and self-service laundries, furni- twenty-five (25) feet in -depth shall be provided. tore display stores and drugstores. (a) For- single-family and for multiple-family 4. Theaters, but not drive-in theaters. residential structures, there shall be rear - 5. Dry cleaning plants using modern, auto- yard and side yard setbacks the same as matic cleaning systems with a completely set forth in the R-1 and R-3 zoning dis- enclosed process and with solvent and. tricts, respectively, except as modified be- vapor recovery units designed to prevent low: _ the emission of objectionable odors and (i) On corner lots intersecting U.S. High- effluent, provided: way No. 1 where the front of the (a) That such establishments employ not building is on the intersecting street more than five (5) persons on the and the side yard of the building is premises, exclusive of owner or man- on U.S. Highway No. 1, the mini- ager-and employees who spend the mum side yard setback on U.S. High- greater part of their time outside of, way No. 1 shall be one hundred (100) rather than on the premises, such as feet measured from the street line to delivery men, salesmen or business the side building line, and only for solicitors. structures in excess of twenty (20) (b) That such cleaning process meets stories in height shall five (5) feet be with the approval of the building added to the required side yard for official and the fire chief, that it each story added to the building in complies with all building code pro- excess of twenty (20). visions and fire prevention provi- (ii) On lots bordering the established lions of the Village of North Palm bulkhead line, the Intracoastal Wa- Beach. terway line or any existing bulk- head, the maximum required rear 6. Mobile home park. yard and side yard setbacks shall be 7. Adult entertainment establishments. twenty (20) feet from the established _ bulkhead line, Intracoastal Water- B. Building height regulations. For buildings way line or existing bulkhead, which- in excess of two (2) stories or thirty (30) feet in ever is closest in distance to the Supp. No. 13 2501 § 45-33 NORTH PALM BEACH CODE building line; provided, however, that ties which have complied in full with the said bulkhead line, Intracoastal Wa- landscaping provisions of chapter 41-16 terway line or existing bulkhead is through 41-25 [chapter 27, article III], at least five hundred (500) feet from both inclusive. the opposite bulkhead -line, 8. Furniture display stores, one (1) space for Intracoastal Waterway line or exist- each four hundred (400) square feet of ing bulkhead, whichever is closest. sales area. All other space regulations shall apply to 9. Retail business with floor area in excess such buildings. of fifty thousand (50,000) square feet, one (1) space for each two hundred and fifty E. Off-street parking regulations. (250) square feet ofnon-storage floor area. 1. Same as for the C-lA limited commercial F. Floor area regulations. district for dwellings, churches, motels, 1. In multiple-family dwelling structures, hotels,. time-share units and restaurants. each dwelling unit having one (1) bed- 2. For general business, commercial or per- room shall have a minimum floor area of ce seven hundred fifty (750) square feet. An sonal service establishments one (1) s a P for each one two hundred (200)- square additional one hundred fifty (150) square feet of nonstorage first floor area, plus one feet of floor area shall be required for each (1) space for each two hundred (200) square additional bedroom provided. feet of nonstorage area above the first - 2. In time-share structures, each. dwelling floor.. unit having one (1) bedroom shall have a 3. Medical or dental offices or clinics, one (1) minimum floor area of seven hundred space for each one hundred fifty (150) fifty (750) square feet. An additional one square feet of floor area, up to three hundred. fifty (150) square feet of floor thousand (3,000) square feet; one (1) ad- area shall be required for each additional ditional space for each additional two hun- bedroom provided. dyed (200) square feet of floor area up to G. Conditions for permitted uses: five thousand- (5,000) square feet; one (1) 1. A ear wash and car waxing business additional space for each additional two whether in conjunction with a filling sta- hundred fifty (250) square feet of floor Lion or as an independent enterprise shall space in excess of five thousand (5,000) be allowed to utilize an awning structure square feet. or structures which shall be located in the 4. Offices, one (1) space for each three hun- rear yard with a minimum five-foot set- dyed (300) square feet of floor area used back and within the building side lines for office purposes. extended. All other activities, sales and 5. Schools and public buildings, one (1) space storage of goods must be conducted en- for each four (4) seats in the main audito- tirely within completely enclosed build- rium or place of assembly. ings with permanent nonmoving outside walls. 6. Theaters, auditoriums, one (1) space for 2. No outside sidewalk or parking lot stor- each four (4) seats. age (or) display of merchandise will be 7. No parking shall be permitted in the first. permitted. ten (10) feet of the required front yard (Ord. No. 20-72, § 1; Ord. No. 4-73; Ord. No. depth, measured from the front property 10-73, 8, 9, 9-13-73; Ord. No. 22-82, 8, 9, line. The restriction against parking in 12-9-82; Ord. No. 9-87, § 2, 5-28-87; Ord. No. the first ten (10) feet of the required front 23-90, § 4, 6-28-90; Ord. No. 7-94, § 1, 4-14-94; yard depth measured from the front prop- Ord. No. 1-95, § 1, 1-12-95; Ord. No. 24-95, § 1, erty line shall not apply to those proper- 7-17-95; Ord. No. 48-96, § 1, I2-12-96) i Supp. No. 13 2502 APPENDIX C-ZONING § 45-34 Sec. 45-34. C-2 general commercial district. A. Uses permitted. Within any C-2 general commercial district, no building, structure, land or water shall be used, except for one or more of the following uses: 1. Any use permitted in the C-1 limited commercial district except for the usage of adult entertainment establishments. Supp. No. 13 2502.1 I ~I C APPENDIX C-ZONING § 45-34.1 4. Maximum number of wall signs: h. Appeals: Notwithstanding conflict- One (1) permanent wall sign is ing appeal procedures found else- permitted for each business where in this Code, all requests for which has direct ground level modifications to sign regulations in walk-in access from a public or the C-3 zoning district shall be made private roadway or sidewalk, through the special C-3 PUD proce- and one additional permanent dures found below in 45-34.1(10). wall sign identifying the build- ing is permitted for each mu_ lti- (g) Sicrface water management. A complete plc occupancy complex. surface water management system shall 5. Maximum size of wall signs: be provided to current standards of the Five (5) percent of the area of South Florida Water Management Dis- the wall to which it is attached; trict whenever a building or parking area or seven (7) percent if the front is substantially redeveloped. building setback is greater than (9) Location of business for retail sales of seventy (70) feet; or ten (10) alcoholic beverages. percent if the front building set- a. No licensed retail sales of alcoholic back is greater than one hun- dred (100) feet. However, in no beverages shall be carried on where case shall a wall sign exceed the proposed place of business is one hundred (100) square feet within five hundred (500) feet of a in size. church, synagogue, temple or other d. Roof signs are erected and con- place of worship. _ strutted wholly on and over the roof b. The method of measurement pro- . of a building, and are supported by vided for above shall be made or the roof structure or are an integral taken from the main front entrance part of the roof. Roof signs are not of such church to the main front permitted in the C-3 district. entrance of the applicants proposed e. Size computations: When these reg- place of business along the route of ulations establish the maximum size ordinary pedestrian traffic: of a sign, it shall be computed by c. The restrictions of section 45-34.1(9), means of the smallest square, circle, (1)[a.] shall not apply to the retail rectangle, triangle, or combination sale of beer, ale or wine for off- thereof that will encompass the ex- premises consumption. treme limits of the writing, represen- tation, emblem, or other display, to- d. The restrictions of section 45-34.1(9), gether with any material or color (1)[a.] shall not apply to any. bona forming an integral part of the back- fide restaurant as defined and li- ground of the display or used to tensed under Florida Statutes as a differentiate the sign any backdrop restaurant with full kitchen facili- or structure against which it is placed. ties, regardless of size or seating £ Allowable colors: Notwithstanding the capacity, where alcoholic beverages regulations in Chapter 6 of this Code, are served solely as an accessory use color tones utilized for all signs tom- to the restaurant and only when plying with these regulations shall such restaurant is open for the sale be compatible with surrounding area. and service of food. g. Lighting: Signs containing illumine- (10) Special C-3 Planned Unit Development tion shall be turned off by 12:00 a.m. (PUD) provisions. Land in a C-3 zoning (midnight) each night, or when the district may have fragmented ownership business closes, whichever is later. or may adjoin a municipal boundary. De- Supp. No. 13 2507 § 45-34.1 NORTH PALM BEACH CODE ` spite these complications, the Village of 5. Automobile service stations, not North Palm Beach desires to provide for involving automobile repairs or an added degree of flexibility in the place- maintenance, including ancil- ment and interrelationship of the build- lary uses of convenience store ings and land uses in this district. One (1) and. car wash. or more landowners in the C-3 district may elect to use these special PUD proce- c. Minimum PUD requirements: There dures to seek approval of a site develop- is no minimum parcel size for PUD ment plan that resolves ownership or applications. However, most favor- boundary complications and/or which dif- able consideration will be given to fers from the literal terms of these zoning applications that encompass the larg- and land development regulations. These est possible land area, and no parcel procedures may also be used to seek ap- that is smaller than its size when proval for certain land uses that are .not this section was adopted (March, permitted by right in the C-3 district (see 1995) may be submitted unless. it section 45-34.1(1) above) or to request a was properly platted through the specific modification to the sign regula- provisions of these land develop- ~ meat regulations. AIl parcels submit- tions. However, any PUD approval under these procedures must be consistent with ted in a single PUD application must the spirit and intent of the C-3 zoning be contiguous and must be owned by district and must also be consistent with or under the unified control of the the Comprehensive Plan. applicant. a. Allowable changes to existing regula- d. Application procedures: PUD appli- tionsc No PUD approval can permit cations made under this section shall any development that is inconsis- be accompanied by the applicable fee tent with the Comprehensive Plan. and shall contain the following: Subject to this limitation, changes 1. Satisfactory evidence of unified may be considered through this pro- control of the entire area within cess to any other zoning and land the proposed PUD; agreement development regulation that the vil- to abide by the conditions of lage council finds would unduly con- approval, if granted; and abil- strain desirable re-use and/or rede- ity to bind successors in title to velopment of land in the C-3 zoning these conditions if the proposed district. After- any such changes are development is built. made by the village council, those changes shall govern to the extent of 2. A proposed site development conflict with these regulations. plan in sufficient detail to show the approximate locations of b. Additional land uses: The following buildings, parking areas, and land uses are not permitted by right stormwater management facil- but may be approved in response to hies. This plan shall also show a specific PUD application: the exact locations of all access 1. Automobile, truck, or motorcy- points to pubhe streets and to cle dealers (new or used). any abutting land zoned C-3, 2. Cultural, civic, educational,. whether in Lake Park or North health care, and religious facil- Palm Beach. hies. 3. Unless clearly shown directly 3. Nursing or convalescent homes. on the site development plan, 4. Offices for non-profit, religious, an explicit list of zoning and or governmental activities. land development regulations F\ Supp. No. 13 2508 APPENDIX C-ZONING § 45-35.1 for which changes are sought, the village council only at a joint and the proposed alternate star- meeting with the Lake Park Town Bards. Commission. 4. A specific list describing any of (Ord. No. 8-95, § 1(Exh. A), 3-23-95; Ord. No. the additional land uses listed 18-95, 1, 2, 7-13-95; Ord. No. 1-96, § l; 1-11-96; in section 45-34.1(10)b. for which Ord. No. 35-96, § 1, 8-22-96; Ord. No. 1-97, § 1, the applicant is requesting ap- 1-9-97) proval. Sec. 45-35. Pzzblic district. 5. Any volunteered limiting condi- tions that could provide assur- Within any P public district, uses shall be ances that the development as restricted to those necessary or essential to the proposed would further the in- administration and operation of the village or any tent and spirit of the C-3 dis- other governmental agency, including, but not trict and the Comprehensive limited, to viIIage hall, recreation facilities, wa- Plan. terworks, pumping stations and sewage facilities. (Ord. No. 3-82, § 1, 1-28-82) The site development plan, lists of alter- pate standards and additional land uses, Sec. 45-35..1. Planned unit development. and volunteered conditions should besub- I. Statement of .intent. mitted in a format suitable for attach- A. The intent of this section is to provide, in meat to an ordinance approving the re- the case of a commercial planned unit _ quests. development consisting of two and one- e. Approval process: PUD applications half (2.5) or more acres and in the case of under this section shall be forwarded a residential planned unit development of along with recommendations from five (5)_or more acres, an added degree of staff to the planning commission, flexibility in the placement and interrela- which after holding a public hearing tionship of the buildings and uses within shall make a formal recommenda- the planned unit development, together tion of approval, partial approval, or with the implementation of new design disapproval. The village council shall concepts. At the same time the intensity also hold a public hearing and decide of land use, density of population and whether to approve, partially ap- amounts of light, air, access and required prove, or disapprove the PUD appli- open space will be maintained for the cation. Unless the application is dis- zoning district in which the proposed approved in full, this action shall be project is to be located. The village council by ordinance. The applicant may then hereby determines that the .regulations proceed to obtain all other needed pertaining to intensity of land use, den- development permits in accordance sity of population and required open space with the village's regulations. are the minimum requirements for the protection and promotion of the public £ Applications abutting or crossing a health, safety and general welfare. Noth- - municipal boundary: Any PUD ap- ing herein should be construed as allow- plication for property abutting or ing deviation for uses other than those crossing the Lake Park town bound- specified as permitted uses, nor any greater ary shall meet all of the above re- density of population nor any less re- quirements. In addition, to protect quired open space than that which is the interests of other C-3 landown- specified in this chapter for the zoning ers and the town, a decision on the district in which a proposed project is to PUD application shall be made by be located. Supp. No. 13 2509 § 45-35.1 NORTH PALM BEACH CODE B. Subject to the foregoing statement of in- 8. All dwelling unit sizes, parking cri- tent, the village council may, in the case of teria and building site coverage must commercial and residential planned unit meet the requirements of the zoning developments, allow for minor modifica- code for each type. of proposed use. tions of the provisions of this chapter in g, All land included for the purpose of accordance with the procedure set forth in development within a planned unit subsections II, III, IV and V. development shall be owned or un- II. Filing of application. der the unified control of the appli- cant for such zoning designation, A. Any person may file an application with whether the applicant is an individ- the village council for minormodif`ications ual, partnership, corporation, trust of the provisions of this chapter. This or group of individuals, partner- . application shall contain at least the fol- ships, trusts or corporations. The lowing: applicant shall present satisfactory 1. All application and review proce- evidence of the unified control of the lures shall comply with section 21- entire area by applicant within the 12, Changes to zoning ordinances proposed planned unit development and section 45-49, Application for -and shall state agreement that, if he rezoning, of this Code. proceeds with the proposed develop- . 2. A statement listing and fully explain- meet, he will: ing the specific modifications of the a. Do so in accordance with the provisions of this chapter 45 which officially approved development are desired, as well as the purposes plan and such other conditions for which the modifications are in- or modifications as may be at- tended. tached to the conditional use. 3. All application procedures shall. be b. Provide agreements, covenants, as required by the subdivision provi- contracts, deed restrictions or lions of this Code. sureties acceptable to the vil- 4. Compliance with the village compre- lage council, both for comple- tion of the undertaking in ac- hensive plan is required. cordance with the adopted 5. Land covered by the development development plan, and also for plan shall be platted concurrently the continuing operation and with final approval of the develop- maintenance of areas, func- ment plan. tions and facilities which the 6. The fee for filing an application fora plan shows are not to be oper- planned unit development shall be ated or maintained at general one hundred dollars ($100.00) per public expense. acre for each acre contained within c. Bind his development succes- theboundary of the development plan, sors in title to any commit- plus aprorated amount of the per merits made under subsections acre fee for .any portion of the level- a. and b., preceding. opment plan which exceeds evenly 10. Any tract of land for which a planned divisible acreage. unit development is made shall con- j. The final approved development plan taro sufficient width, depth and front- shall include the plat drawings and age on a public dedicated arterial or necessary submittals demonstrating major street or appropriate access acceptability of all factors and star- which will .accommodate the pro- dards evaluated in subsection IV(A). posed use and design. Supp. No. 13 2510 APPENDIX C-ZONING § 45-35.1 11. In the event any building or strut- the relationship of the proposed tore built under this section is de- project to main traffic thoroughfares stroyed or removed by or for any and to street and road intersections; cause, said building or structure, if and, the general character and inten- replaced, shall be replaced with a sity of the existing and potential building or structure of similar size development of the neighborhood. In and type not exceeding the dimen- addition, where appropriate, the com- sions of the original building or strut- mission shall determine that noise, tore. The developer shall include the vibration, odor, light, glare, heat, elec- appropriate deed restrictions and/or tromagnetic or radioactive raclia- covenants so as to require replace- tion, or other external effects, from ment as outlined above. any source whatsoever which is con- nected with the proposed use, will III. Referral to planning commission. The vil- not have a detrimental effect upon lage council Shall refer each application fora neighboring property or the neigh- planned unit development to the planning tom- boring area in general. mission for study and recommendation. 3. The location and height of buildings, IV. Action of planning committee [commis- the location, nature and height of saon.J walls and fences, and the nature and A. After a study of an application for a planned extent of landscaping of the site shall unit development and the required public be such that they will not hinder or hearing, the planning commission shall discourage the proper development _ make a recommendation to the village and use of adjacent land and build- council to approve, approve as modified, ings nor impair the value thereof. or reject the application based upon the 4. The standards of density and re- following standards: quired open space in the proposed 1. The proposed use or uses shall be of project are at least equal to those such location, size and character as required by this ordinance in the to be in harmony with the appropri- zoning district in which the proposed ate and orderly development of the project is to be located. zoning district in which situated and 5. There shall be no uses within the shall not be detrimental to the or- proposed project which are not per- derly development of adjacent zon- mitted uses in the zoning district in ing districts. which the proposed project is to' be 2. The location and size of the proposed located. use or uses, the nature and. intensity Exception: A mixed use occupancy maybe of the principal use and all accessory allowed if the existing zoning district us- uses, the site layout and its relation age is commercial. The mixed usage occu- to streets giving access to it, shall be panty shall only be residential and mer- such that traffic to and from the use cantile or residential and business. or uses, and the assembly of persons in connection therewith, will not be B. The commission may recommend such hazardous or inconvenient to the changes or modifications in the proposed neighborhood nor conflict with the plan as are needed to achieve conformity normal traffic of the neighborhood. to the standards as herein specified. The In applying this standard, the tom- reasons for the changes or modifications mission shall consider, among_ other shall be included in the recommendation. things: convenient routes-for pedes- C. The commission shall not recommend the trian traffic, particularly of children; project unless it finds that all of the Supp. No. 13 2510.1 § 45-35.1 NORTH PALM BEACH CODE standards as herein specified have been 2. Flood control. met.. If there are minor modifications to 3. Protection of quality or quantity of ground the provisions of this chapter, the commis- water or surface water. sion may recommend its approval at the same time. It shall also, where it deems 4. Floodplain management. appropriate and necessary, recommend to 5. Fisheries management. the village council those conditions to be imposed upon the project, its operation, or 6. Protection of vegetative community or wild- both, that are needed to assure adherence life habitats. to the aforesaid standards. 7. Residential and administrative buildings for the protection of the C-OS district. V. Action of village council. The village council, upon the receipt from the plannuig commission of 8. Single-family dwellings with accessory the report on the planned. unit development and buildings customarily incident thereto. the minor modifications to the provisions of this a. Building height regulations. No main chapter may; after the required public hearing, building shall exceed two (2) stories approve or reject such project and modifications, in height and no accessory building incorporating with an approval such conditions as more than one (1) story. the council deems appropriate. The approval shall be by ordinance. b. Building site area regulations. The minimum lot or building site for each VI. Effect of approval of village council. The single family dwelling shall be one ' approval of the application by the village council (1) acre of upland area and have at shall allow the building official to issue a building least one lot dimension, width or ~ permit in conformity with the application as ap- length, of a minimum of 150 feet. I proved. This permit shall specify with particular- c. Yard space regulation. No building ity the exact modifications to the provisions of or portion thereof shall occupy a this. chapter which have been approved. The holder position fifty (50} feet or less from of this permit may then proceed with his project the upland/wetland boundary of the in conformity with said permit. No deviations property. from the conditions of the permit shall be allowed except those which shall be in conformity with the C. Coastal zone protection. The Village of North basic provisions of this ordinance as they apply to Palm Beach adopts, by reference, the Palm Beach the zoning district in which the project is located. County Coastal Protection Ordinance No. 90-2 in (Ord. No, 23-79, § 1, 10-25-79; Ord. No. 16-87, § 1, its entirety. 10-22-87) (Ord. No. 20-90, § 2, 6-28-90; Ord. No. 25-90, § I, 6-28-90; Ord. No. 24-91, § 1, 7-11-91) Sec. 45-35.2. C-OS conservation and open space district. Sec. 45-36. General provisions. The provisions of this article shall be subject to A. Intent. The intent of this section is to pro- the following provisions and exceptions: vide for land uses and activities within land areas designated for the primary purpose of conserving A. Chimneys, water tanks, radio or televi- or protecting natural resources of environmental -sion towers, telecommunications antenna/ quality. towers, church spires, elevator lofts, flag- poles and parapet walls may be erected B. Uses permitted. Within any part of the above the height limits herein estab- C-OS conservation and open space district, no lisped. building, structure, land or water shall be used, A-l. No addition to any building and no strut- except for one or more of the following uses: ture or object shall be erected, placed or 1. Passive recreation. maintained or built to a height which Supp. No. 13 2510.2 I APPENDIX C-ZONING § 45-36 exceeds four (4) stories or sixty (60) feet shall be a prominent notice that a village where any portion of said building or of building permit in noway offsets the deed the property upon which it is located is covenants, and that the applicant should within five hundred feet of any R-1, single- also check the deed covenants to protect . family dwelling district. himself. B. Swimming pools shall be set back at least E. In the event one (1) lot, or portion thereof, seven and one-half (7~/a) feet from the and the whole or a portion of a contiguous back property line measured from the rim lot, all in one (1) ownership, shall be used of the pool and not less than five (5) feet as one (1) building site for one (1) resi- from the side property line including the clence building, and its appurtenant out- . two-and-one-half-foot walk around the pool. buildings permitted by this ordinance, The highest projection of the swimming then while so owned and used the side pool shall not exceed two (2) feet. Outdoor lines and rear line of such site shall be fireplaces not exceeding six (6) feet in deemed to be the side and rear lot lines of height may be erected and maintained, such sites. said structure, however, shall not be erected F. No business, professional, commercial ac- within five (5) feet of any rear lot line. tivity or home occupation shall be con- (a) Swimming pools maybe enclosed by ducted upon any portion of real property screening provided same are not zoned R-1 single-family dwelling district, erected closer than five (5) feet from R-2 multiple-family dwelling district and the side and rear yard lines. R-3 apartment dwelling district or within (b) No swimming pool shall be located .any dwelling thereon or upon a dock, pier in the area lying between the front or other waterside structure appurtenant property line and the front building thereto and attached to such real prop- line in the R-1 and R-2 zoning dis- erty. tricts. G. In all multifamily residential buildings C. Detached garages not more than one (1) two (2) stories or greater in height, and in story in height may be erected and main- all commercial buildings over four (4) sto- tained within seven and one-half (71/z) ries in height, which are not equipped feet of the rear line of any such lot. with elevators provided with standby emer- gency power and having minimum cab D. Walls and fences built within the area dimensions which will permit the use of between the property line and the build- the elevator cab by normal size emer- ing setback line shall not exceed six (6) gency ambulance stretchers, and in all feet in height; provided, however, that no commercial .buildings two (2) stories to walls or fences may be erected between four (4) stories in height which are not the front yard setback and the street line, equipped with elevators having minimum nor may walls or fences exceed four (4) cab dimensions which will permit the use feet in height for a distance of forty (40) of the elevator cab by normal size emer- feetfrom any body of water located within gency stretchers, there shall be a mini- the village. On corner lots, walls or fences mum of one (1) access stairway serving shall not exceed four (4) feet in height every story. Such stairway shall have the within the area between the side line of following minimum dimensions: the lot which fronts on a street, and the front building setback line extended of the (1) Minimum width of stairway to be adjacent side street lot. On all building five (5) feet. permits for walls or fences greater than (2) Minimum dimensions of all landings four (4) feet in height that are to be to be ten (10) feet by six (6) feet, six located outside building setback lines, there (6) inches. Supp. No. 13 2510.3 § 45-36 NORTH PALM BEACH CODE H. Patios connected to the rear of a dwelling work, dismantling or servicing of any unit may be enclosed by screening pro- kind unless expressly permitted by vided there shall be a rear yard of not less the zoning of the district in question. than fifteen (15) feet measured from the f. If lighting of such areas is to be rear of the screened enclosure to the rear. provided, the plans therefor shall be lot line. such that such lighting shall reflect I. There shall be a front yard of not less than away from any public street and at forty (40) feet measured from the street such an angle as to prevent glare or line to the front building line in the case of tmdue illumination of residential Lots 11 to 35 inclusive, Block 3, as shown properties in the neighborhood. on the plat of Village of North Palm Beach, Plat 1, recorded in plat book 24, page 205, K. No carnival, fair, amusement park or cir- Public Records of Palm Beach County, cus shall be carried on in any residential Florida. or commercial zoning district in the Vil- lage of North Palm Beach, including ion- . J. Whenever, by this ordinance, off-street ing districts R-l, R-2A, R-3, C-A, C-lA, parking is required in any commercial C-1 and C-2; provided, however, that a district or in any R-3 apartment dwelling carnival, fair or circus maybe carried by a district,. no such parking facilities shall be nonprofit organization to collect funds to hereafter constructed until a permit there- further the purposes of such organization for shall have been issued by the building at the premises where the organization is inspector, and until the plans and. specifi- located within the Village of North Palm cations therefor are such that: Beach. No such carnival, fair or circus a. Such off-street parking area is de- shall extend for more than three (3) con- signed with appropriate means of secutive days, and no such carnival, fair vehicular access to a public street or or circus may be open to the public be- alley. tween the hours of 10:00 p.m. and 10:00 b. Such off=street parking area is de- a.m. during any day. A permit for such signed with appropriate vehicular permitted. carnival, fair or circus must be maneuvering areas. obtained from the office of the village c. Such off-street parking area is paved manager. There will be no charge or fee for such permit. with an asphaltic or concrete surfac- ing, or other material designed to L. No gasoline- or oil filling stations and no prevent dust. service station shall be erected within five d. Such off-street parking area is so hundred (500) feet of any church, hospi- constructed, graded and surfaced as tal, school or other similar institution to prevent surface water from drain- where large numbers of pedestrians con- ing onto public right-of--way; or on gr'egate, nor within five hundred (500) adjoining properties, the outlets for feet of the location in said village of an- such surface waters to be connected other gasoline or oil. filling station or directly or indirectly to storm sewer service station. conduits terminating in existing pub- The method of measurement that shall licly controlled waterways or in other apply in .such cases shall be by measure- seepage areas approved by the build- ment of the airline distance made or taken ing department. from the nearest boundary of the lot or e. Such off-street parking areas shall premises where such proposed station ba used for vehicular traffic only, would be located to such building or strut- / with no sales, dead storage, repair ture used as a church, hospital, school or t\ Supp. No. r3 2510.4 APPENDIX C-ZONING § 45-36 other similar institution to the boundary made or taken from the main front of the lot or premises where the existing entrance or entrances of such church, station is erected. public or private school, hospital, M. Building height regulations. park or playground, or a place of business of another licensed retail (1) Within the area of the Village of seller of alcoholic beverages, to the North Palm Beach which lies north main front entrance of the applicant's of the Intracoastal Waterway and proposed place of business along the west of U.S. Highway No. 1, no build- route of ordinary pedestrian traffic. ing or structure shall exceed sixteen (3) The restrictions of section 45-36N.(1) (16) stories or one hundred sixty shall not apply to the sale of beer, ale (160) feet. or wine at retail, not to be consumed (2) Within the area of the Village of on the premises. North Palm Beach which lies north (4) The restrictions of section 45-36N.(1) shall of the Intracoastal Waterway and nut apply to any bona fide restaurant as east of U.S. Highway No. 1, no build- defined and licensed under Florida Stat- ing or structure shall exceed twenty- utes as - a restaurant with full kitchen two (22) stories or two hundred facilities, regardless of size or seating twenty (220) feet. capacity, where- alcoholic beverages are (3) Within the area of the Village of served solely as an accessory use to the North Palm Beach which lies south restaurant and only when such restau- of the Intracoastal Waterway and rant is open for the sale and service of east of U.S. Highway No. 1, no build- food; provided,. however, that the provi- - ing or structure shall exceed four (4) sions of this subparagraph (4) shall not stories or forty (40) feet. permit a license to be issued to a restau- (4) Within the area of the Village of rant that sells alcoholic beverages within North Palm Beach which Lies south one thousand (1,000) feet of a church, and west of the Intracoastal Water- public. or private school, hospital, public way and west of U.S. Highway No. 1, P~'k or public playground. _ no building or structure shall exceed (5) Nothing in section 45-36N.(1) shall pro- four (4) stories or forty (40) feet. hibit the conduct of licensed retail sales of alcoholic beverages within one thousand N. Location of business for retail sales of (1,000) feet of the North Palm Beach alcoholic beverages. Country Club. (1) No licensed retail sales of alcoholic bever- O. Xeriscape landscaping practices. Properties ages shall be carried on where the pro- within all zoning districts are encouraged to uti- posed place of business is within one line xeriscape landscaping practices to simulta- thousand (1,000) feet of a church, public neously enhance the appearance of the property or private school, hospital, park or play- while requiring Iess water and energy. Xeriscape ground, or a place of business of another practices in.the village shall be based on the latest Iicensed retail seller of alcoholic bever- published South Florida Water Management Dis- ages; provided further, that no licensed trict xeriscape manual. retail sales of alcoholic beverages shall be {Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No. carried on in the C-3, Regional Business 1_72, § 1; Ord. No. 11-74, § 1; Ord. No. 11-75, § 1, District, where the proposed place of busi- g_11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, ness is within five hundred (500) feet of a § 1, 2-24-77; Ord. No. 15=85, § 1, 9-I2-85; Ord. No. church, synagogue, temple or other place 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91; of worship. _ Ord. No. 20-95, § 1, 7-27-95; Ord. No. 34-96, § 1, (2) The measurement provided above for 8-22-96; Ord. No. 3-97, § 1, 1-9-97; Ord. No. 12-97, one thousand (1,000) feet shall be 3, 4, 2-27-97) Supp. No. S3 2510.5 § 45-37 NORTH PALM BEACH CODE Sec. 45-37. Historic site overlay district. Original appearance. That appearance (except for color)- which, to the satisfaction of the village A. Purpose. The historic site overlay district is council, closely resembles the. appearances of eff- used to impose special development restrictions thee: on identified areas. The locations of this overlay. district are established by the Village based on (1) The feature on the building as it was the need for special protective measures at those originally built or was likely to have been locations. The historic site overlay district im- built, or poses different standards than those that would (2) The feature on the building as it presently otherwise apply. exists so long as the present appearance is appropriate, in the opinion of the vil- B. Definitions. [For purposes of this section, lage council, to the style and materials of the following words shall have the meaning as- the building. cribed to them in this subsection:] C. Creation of local register of historic sites. A Building. A structure created to shelter any local register of historic sites is hereby created as form of human activity. This may refer to a house, a means of identifying and classifying various barn, garage, church, hotel, or similar structure. sites, buildings, structures, objects and districts Buildings may refer to a historically or architec- as historic and/or architecturally significant. The turally related complex, such as municipal build- local register will be kept by the director of public ings, or a house and barn. Parking lots and services. garages are hereby deemed to be "buildings." D. Initiation of placement on local register. Placement of sites, buildings, structures, objects Cultural resource. Asite, object, structure, build- or districts on the local register may be initiated ing or district listed in the Village's register- of by the village council. In addition, placement may historic sites. be initiated by the owner of the site, building, structure, object or area; or, in the case of a Demolition. The tearing down or razing of district by the owner of a site, building, stru~- twenty-five (25) percent or more of a~ structure's tore, object or area within the proposed district. external walls. By adoption of this ordinance, those sites within District. A geographically definable area pos- the Village of North Palm Beach that have been classified as a Florida historic site by the Divi- sessing asignificant concentration, linkage, or sion of Archives, History and Records Manage- continuity of sites, buildings, structures, objects, ment, Florida Department of State, are hereby or areas, which are united historically or aesthet- placed on the Total register. ically by plan or physical development. A district may be comprised of individual resources which E. Placement on local register. The following are separated geographically but are linked by procedure shall. be followed for placement of sites, association or history.. buildings, structures, objects, areas and districts on the local register: Object. A material thing of functional, acs- 1. A nomination form,. available from the thetic, cultural, historical or scientific value that department of public services,. shall be maybe, by nature of design, movable, yet related completed by the applicant and returned to a specific setting or environment. to the department. Ordinary maintenance. Work which does not 2. Upon receipt of a completed nomination require a construction permit and that is done to form, including necessary documentation, repair damage or to prevent deterioration or the director shall place the nomination on decay of a building or structure or part thereof as the agenda of the next regularly sched- nearly as practicable to its condition prior to the uled-meeting of the village planning ~om- damage, deterioration, or decay. mission. If the next regularly scheduled Supp. Nn. 13 2510.6 APPENDIX C-ZONING § 45-37 meeting of the planning commission is too close at hand to allow for the required notice to be given, the nomination shall be placed on the agenda of the succeeding regularly scheduled meeting. 3. Adequate notice of the planning commission's consideration of the nomina- tion shall be provided to the public at large, and to the owner(s) of the nomi- nated property(ies), at least fifteen (15) days in advance of the meeting at which the nomination will be considered by the council. 4. The planning commission shall, within thirty (30) days from the date of the meeting at which the nomination is first on the planning commission agenda, re- view the nomination and write a recom- mendation thereon for consideration by the village council. The recommendation shall include specific findings and conclu- sions as to why the nomination does or _ does not meet the appropriate criteria for listing on the local register. The recom- mendation shall also include any owner's objection to the listing. If the nomination _ is of a district, the recommendation shall also clearly specify, Supp. No. 13 2510.7 l APPENDIX D FRANCIiISES Included herein. is a listing of franchises of the village: Ordinance Adoption Term Expiration ' No. Date Subject Franchise (years) Date 2 7-22-57 Electricity_ Florida Power 30 1987 " & Light Co. 5 10-22-56 Water and sew- North Palm 30 1986 age Beach, Utili- ties, Inc. 36 10-14-58 Telephone and Southern Bell 30 1988 telegraph Telephone and Telegraph 37 10-28-58 Gas Green's Fuel. of 30 1988 Florida Corp. 116-1965 3-23-65 CATV Burnup & 30 1995 Sims, Inc. 156-67 9-19-67 Amends Ord. Burnup, & - - No. 116-1965 Sims, Inc. 168-67 12-19-67 Amends Ord. Green's Fuel of - - - No. 37 Florida Corp. 216-70 9-10-70 Amends Ord. Burnup & - - No. 116-1965 Sims, Inc. 11-80 5-22-80 Gas Florida Public 30 - 2010 Utilities Co. 14-80 7-10-80 Electric Florida Power 30 2010 _ & Light Co. 10-97 2-27-97 CATV southeast Flor- - - ida Cable, Inc. DB/AAdelphia Cable Commu-" nications [The next page is 2819] Supp. No. 13 2619 1 STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section Section Section this Code Section this Code 1.01 27-31 185.08 26-16 I.O1 et seq. 1-2 203.012 26-51 ch. 22F App. B, Art. II, § - 203.012(5)(b) 26-51 36-10 ch. 205 Ch. 17, Art. II ch. 39 App. C, § 45-2 205.043(2), Ch. 50 2-181 205.043(3) 17-24, 17-25 50.041 2-181 205.053 17-20 50.051 2-181 205.192 17-22 ch. 98 Ch. 10 210.03 1?-33 ch. 101 10-7 ch. 252 Ch.8 161.55(1)(d) 6-.156 253.125 7-19 161.041 6-153 280.02 2-4 161.053 6-154 316.008 Ch. 18 162.12(2) 2-180 316.1955,316.1956 18-37 ch. 163 12.5-1 320.01(1) 14-37 21-1 ch. 327 Ch.5 21-11 335.065 App. B, Art. N, § 21-43, 21-44 36-29.1 App. B, Art. I, § 337.401(3) 28-3 - 36-2, App. B, Art. I, § 342.03 Ch. 5 36-4 ch. 373 19-200 App. B, Art. II, § ch. 380 21-44 36-16 APP• B, Art. II, § App. B ~ 36-10 163.01 2-4 380.04 21-103 163.161 et seq. 21-01 393 App. C, § 45-2 ch. 163.170, App. B, Art. II, § ch. 394 App. C, § 45-2 . - §163.3164(17) 36-10 ch. 400 App. C, § 45-2 163.225(3)(a}-(c) 5-86 ch. 401 11.5-21 163.295 6-150 ch. 402 App. C, § 45-2 163.3161 et seq. Ch. 21, Art. II App. C, § 45-34.1 163.3177 21-44 402.302(4), 163.3178 6-155 402.302(5) 17-33 21-44 ch. 403 19-117 ch. 166 6-16 ch. 419 17-33 Ch. 24 App. C, § 45-2 Ord. No. 2478 § 3 ch. 472 App. B, Art. I, § 36-6 166.021 Ch. 17, Art. II ch. 480 App. C, § 45-2 166.221 17-34 553.73 6-154 166.231 Ch. 26, Art. III 11-11 ch. 170 21-2 553.73(2) 6-2 170.01 Ch. 24 561.01 3-1 ch. 175 2-I67 561.01 et seq. Ch. 3 175.101 26-17 563.01 3-1 ch. 177 App. B, Art. I, § 36-2 564.01 3-1 App. B, Art. II, § 565.01 3-1 36-8 633.35 2-159 App. B, Art. II, § ch. 650 Ch. 2, Art. V, Div. 2 36-15 2-136 App. B, Art. IV,- § 650.02 2-136 36-27 ch. 760 App. C, § 45-2 ch. 185 2-167 ch. 847 App. C, § 45-20 Supp. No. 13 2819 NORTH PALM BEACH CODE ~ Section Section this Code 870.041--870.048 8-16 872.05 2-104 943.14 2-159 943.25(13) 1-9 [The next page is 2869] Supp. No. 13 280 CODE COMPARATIVE TABLE-ORDINANCES Adoption Section Ord. No. Date Section this Code 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 ? 1.5-21-11.5-23 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 [The next page is 2933) Supp. No. 13 2885 l CODE INDEX Section Section A ALARMS-Confd. ABANDONMENT False alarms Excessive false alarms declared public Abandoned, inoperative and junked prop- nuisance 19-212 erty 14-37 et seq. Service charge; collection 19-213 See: GARBAGE AND TRASH Fire division equipment; fire alarm system 12-53 Boats Identification required 19-L15 Boat launching area; abandoned boats System standards 19-219 and equipment 5-36, 5-37 Telephone trunk lines Generally 5-8 Interference with public safety depart- Dogs, other animals _4-10 ment telephone trunk lines prohib- ACTS BY AGENTS ited 19-215 Definitions and rules of construction 1-2 Violation and penalty 19-214 ADMINISTRATIVE CODE ALCOHOLIC BEVERAGES Bonds required of certain officers 2-42 Consumption on playgrounds and public Definition 2-39 parks 3-3 Departmental organization 2-40 Sales restricted; hours of sale............ 3-2 Oaths of office State law definitions adopted 3-1 Chief administrator and officers, form of Zoning oath 2-41(b) Location of business for retail sales of Members of department of public safety, alcoholic beverages 45-20(2), 45- form of oath 2-41(c) 36.N Persons required to take oath of office . 2-41(a) C-3 Regional Business District...... 45-34.1(9) Policy and procedures Department heads 2-43(b) AMBULANCES Departments 2-43(c) Definition 17-50 _ Officers 2-43(a) Unlawful operation 17-51 ADULT ENTERTAINMENT ESTABLISH- AMUSEMENTSANDAMUSEMENTPLACES MENTS Coin-operated amusements; proximity to Zoning regulations re. See: ZONING (Ap- schools restricted 19-4 pendix C) AND, OR ADVERTISING Definitions and rules of construction 1-2 Handbills; distribution restricted......... 19-7 Noise control policy re loudspeakers and ANIMALS AND FOWL ~ devices for advertising 19-105 Abandoning 4-10 Signs and outdoor displays 6-111 et seq. Birds See: SIGNS AND BILLBOARDS iVIolesting songbirds 4-9 Village designated bird sanctuary; hunt- AFFIDAVITS ing prohibited 4-2 Home occupations; occupational licenses Cats. See herein: Dogs and Cats Affidavit of applicant required......... 17-2(e) Code enforcement board, applicability re.. 2-173 AFFIRMATION. See: OATH, AFFIRMATION, Contagious diseases, animals with 4-11 SWEAR OR SWORN Cruelty to animals 4-7 Definitions 4-1 AGREEMENTS. See: CONTRACTS AND Dogs and cats AGREEMENTS Collar and tag Required 4-25 ALARMS Unauthorized removal 4-26 Alarm business central office required.... 19-215 Impoundment Alarm permit required 19-208 Disposition upon owner's failure to Application for 19-209 redeem....................... 4-30(d) Issuance 19-211 Notice............................. 4-30(b) Terms; fees; nontransferable 19-210 Redemption by owner 4-30(c) Audible alarms 19-216 Required.......................... 4-30(a) Code enforcement board, enforcement Inoculation 4-24 through 19-217 - Prohibited in certain areas; exceptions. 4-27 Definitions 19-207 Rabies control. See herein that subject Exemptions 19-218 Registration 4-24 Supp. No. 13 2335 NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL-Contd. APPEARANCE PLAN (Appendix A)-Contd. Running at large Participation and incentives VI Cats 428(c) Statement of policy II Dogs on property of others.......... 4-28(b) ARCHAEOLOGICAL. SITE PROTECTION Dogs on streets and sidewalks 4-28(a) Vicious, biting and attacking dogs 4-29 Appeals . 21-107 Waste removal Applicability 21-102 Persons walking dogs responsible for Archaeological review, development sub- removal of waste 4-31 jectto............................. 21-104 Waste-removal implements, persons Certificate to dig 21-105 walkin do to carr 4-32 Cost 21-I06 g g Y Defmitions 21-103 Enforcement General enforcement 4-5 Hearing................................ 21-108 Intent 2I-101 Hindering enforcement 4-4 21-101 Fight, causing animals to 4-8 purpose........................ Keeping certain animals prohibited; excep- Violations and penalties 21-108 tion 4-6 ASSEMBLIES Killing 4-3 Civil disorders and disturbances; mayor Molesting songbirds or domestic pets 4-9 designated local authority for preser- Noise control policy re animal noises 19-107 vation of public peace 8-16 .Nuisances, animals creating 4-12 Meetings of boards and commissions; ad- Poisoning 4-3 Rabies control journment of 2-3 Meetings of specific boards, etc. See spe- il Death or destruction, reporting........ 4-46 cific subjects i Muzzles; when required 4-45 park and recreation area; meetings and Rabid animals atherin s 20-22 et se g g q. Confinement 4-43 See: PARKS, PLAYGROUNDS AND Duty to report; impounding......... 4-44 RECREATION Nuisance, declared................. 4-42 ATLANTIC OCEAN ANNEXATION Bulkheads and seawalls; regulations gov- Planning and development; filing fees and erning construction 5-84 cost for voluntary annexation of land 21-2 ANTENNAE B Zoning regulations 45-21 BATHING Diseased persons prohibited from bathing APPEARANCE PLAN (Appendix A) in public pools, etc 19-3 (Note-Section citations contained herein refer to section citations found within BICYCLES Appendix A) Park regulations 20-6 Administration V Subdivisions, required improvements re Areas of jurisdiction III bikeways.......................... 36-29.1 Basis I BILLBOARDS. See: SIGNS AND BILL Criteria for appearance BOARDS Building and site to adjoining. area, re- lationship of IV(B) BIRDS. See: ANIMALS AND FOWL Building design IV(D) BLOCKS Buildings to site, relationship of....... IV(A) Subdivision design standards 36-18 Evaluation, factors for IV(H) Landscape and site treatment IV(C) Maintenance=planning and design fac- tors 1V(G) Miscellaneous structures and street hard- ware IV(F) Signs IV(E) Definitions VIII Maintenance for good appearance Buildings and appurtenances.......... VII(B) Public property VII(C) Site VII(A) f\ Supp: No. 13 2936 CODE INDEX Section Section BUSINESS REGULATIONS-Contd. COASTAL CONSTRUCTION CODE-Contd. Wellfield protection Public access 6-155(5) Regulation of business activities with Definitions 6-154 potential to contaminate land and Flood damage prevention 12.5-1 et seq. water resources 19-221 See: FLOOD DAMAGE PREVENTION Zoning Purpose 6-152 Location of business for retail sales of References 6-156 alcoholic beverages 45-20(2), 45- Scope 36.N Applicability 6-153(a) C-3 Regional Business District...... 45-34.1(9) Exceptions 6-153(b) Permits, application for 6-153(c) C Title 6-151 CABLE TELEVISION. See: TELEVISION CODE ENFORCEMENT BOARD Alarm regulations, enforcement re 19-217 CAMPING APPlicability 2-173 Recreational, boating and camping equip- Declaration. of legislative intent 2-171 meat; parking on residential property Definitions 2-172 restricted 18-35 Enforcement procedure.................. 2-175 Fines; liens CANALS APPeals 2-180 Construction requirements 5-56 et seq. Copies of orders imposing fines 2-178(d) See: BOATS, DOCKS AND WATER- Determination of amount of fine....... 2-178(b) WAYS Duration of lien 2-179 CATS Generally 2-178(a) Regulations enumerated 4-24 et seq. Notices 2-181 See: ANIMALS AND FOWL Reduction of fine 2-178(c) Hearing, conduct of 2-176 CERTIFICATES Organization Appearance code; certificate of appropriate- Attorney 2-174(c) ness 6-56 et seq. Officers; quorum; compensation 2-174(b) See: BUILDINGS Qualifications and term 2-174(x) Businesses located outside village limits, Powers 2-177 certificate of business regulations re. 17-34 et seq. CODE OF ORDINANCES* See: BUSINESS REGULATIONS - Emergency medical services 11.5-21 Altering Code........................... 1-7 Historic site overla district; certificate of Amendments 1-6 y Catchlines........ 1-3 appropriateness 45-37(H) Court cost CIVIL DISORDERS AND DISTURBANCES Assessment of additional court costs for Mayor designated local authority for pres- criminal justice education expendi- ervation of public peace 8-16 tures 1-9 Definitions and rules of construction 1-2 CLERK Designated and cited 1-1 Department of records, provisions re vil- ~ References to chapters or sections.....:.. 1-3 lage clerk and deputy village clerk 2-67 et seq. Repeal of ordinances, effect of............ 1-4 .See: DOCUMENTS AND PUBLIC Severability of parts 1-5 RECORDS Village clerk, duties re recording ordi- nances 2-67(3) CLUBS Country club q Violations and penalty 1-8 9-1 et se See: COUNTRY CLUB COIN-OPERATED AMUSEMENTS COASTAL CONSTRUCTION CODE Proximity to schools restricted 19-4 Coastal construction requirements COMBAT AUTO THEFT (CAT) Location of construction 6-155(4) Establishment, regulations 18-19 Major structures, structural require- ments for 6-155(1) *Note--The adoption, amendment, repeal, omissions, effec- Minor structures, structural require- tive date, explanation of numbering system and other matters ments for 6-155(3) pertaining to the use, construction and interpretation of this Nonhabitable major structures, strut- Code are contained in the adopting ordinance and preface tural requirements for 6-155(2) which are to be found in the preliminary pages of this volume. Supp. No. 13 2939 NORTH PALM BEACH CODE Section Section COMMITTEES, COMMISSIONS. See: DE- DEPARTMENTS AND OTHER AGENCIES PARTMENTSAND OTHERAGENCIES OF VILLAGE-Contd. OF VILLAGE Appearance board. See: APPEARANCE PLAN (Appendix A) COMMUNICATIONS Code enforcement board 2-171 et seq. Telecommunications service tax 26-51 et seq. Committees and boards generally; resi- See: TAXATION dency requirements 2-1 COMPUTATION OF TIME Country club administrative board 9-16 et seq. Definitions and rules of construction 1-2 See: COUNTRY CLUB Finance, department of 2-59 CONCURRENCY MANAGEMENT See: FINANCES Provisions enumerated 21-41 et seq. Fire and police retirement board of trust- See: PLANNINGAND DEVELOPMENT ees 2-164 et seq. See: PENSIONS AND RETIREMENT CONTRACTS AND AGREEMENTS Fire division . 12-29 et seq. Finance director, duties re contracts...... 2-59(3), (7) See: FIRE PREVENTION AND PRO- COUNCIL. See: VILLAGE COUNCIL TECTION General employees retirement board 2-151 et seq. COUNTRY CLUB See: PENSIONS AND RETIREMENT Administrative board Library boazd 16-16 et seq. Compensation 9-19 Library, department of 2-93 Composition . 9 17(a) Meetings of hoards and commissions; ad- Created........ 9-16 journment of 2-3 Duties Meetings of specific boards, etc. See- spe- ~ Finances 9-21(c) cific subjects Management and administration.... 9-21(a) Plan-Wing and development board of adjust- Rules and regulations 9-21(b) went.:............................ 21-21 Meetings 9-20 Planning commission.................... 21-11, 21-12 Officers' quorum 9-19 Public safety,. department of 2-75, 2-76 Removal 9-18 See: PUBLIC SAFETY DEPARTMENT Terms 9-17(b) Public services, department of 2-84, 2-85 ~ Vacancies 9-17(c) See: PUBLIC SERVICES DEPART- Village manager 9-22 MENT Finances Records, department of 2-67 et seq. Delinquent accounts; penalties 9-32 See: DOCUMENT AND PUBLIC Premises RECORDS Disfiguration and/or removal of building Recreation department 2-110 or other property 9-1(1) Recreation advisory board............. 20-61 et seq. Enforcement 9-2 See: PARKS, PLAYGROUNDS AND Hours 9-1(2) RECREATION Signs........... 9-2 Reserve police force 23-42 et seq. Violations and penalties 9-2 See: POLICE Treasury department of 2-51 COIJNTy - See: TREASURY DEPARTMENT Defimitions and rules of construction 1-2 Village council 2-16 et seq. COURTS DEVELOPMENTS. See: PLANNINGAND DE- Court cost VELOPMENT Assessment of additional court costs for DISABLEDAND HANDICAPPED PERSONS criminal justice education expendi- tures 1_g Buildings Accessibility to handicapped persons; state law adopted 6-2 D Parking violations re handicap spaces 18-37 DECALS DISTRICTS Combat Auto Theft (CAT) 18-19 Fire districts 6-3 Zoning regulations 45-16 et seq. DEPARTMENTS AND OTHER AGENCIES See: ZONING (Appendix C) OF VILLAGE Administrative code 2-39 et seq. DISTURBANCES. See: CIVIL DISORDERS / See: ADMINISTRATIVE CODE AND DISTURBAi~1CES Supp_ No. 13 2940 CODE INDEX Section Section DOCKS. See: BOATS, DOCKS AND WATER- ELECTIONS-Contd. WAYS Organization 10-63 DOCUMENTS AND PUBLIC RECORDS Polling place Department of records Designated 10-76 Deputy village clerk Policeman. to be present 10-77 Appointment 2-68 Protest of election returns; inspection by Duties 2-69 canvassing board 10-12 Village clerk; duties Special elections Election records, kee in 2-67(5) Notice of 10-4 P g........... When held 10-2 Expiration of term, notice of 2-£7(7) Official seal, kee in 2-67(8) State laws P g Applicable state laws adopted......... 10-1 Record ordinances 2-67(3) Village council Voting machines may be used; state law Keep records of council 2-67(2) applicable 10-7 Public council action 2-67(4) Village clerk, duties re keeping election Serve as clerk of council......... 2-67(1) records 2-67(5) Vital statistics, keeping 2-67(6) Village council to constitute canvassing Police division, duties re records 2-76(b)(1) board 10-11 Treasurer's duties re examination ofdepart- Voting machines may be used; state law mental books 2-51(2) aPPlicable....._................... 10-7 Village clerk and deputy village clerk. See herein: Department of Records ELECTRICAL CODE Amendments, corrections, additions 11-12 DOGS Code and county, amendments adopted 11-11 Regulatiqns enumerated 4-24 et seq. Code enforcement board, applicability re.. 2-173 See: ANIMALS AND FOWL DRAINAGE ELECTRICITY Stormwater management 21-61 et seq. Swimming pools; electrical equipment 25-8 See: STORMWATER MANAGEMENT ELECTRONIC AUDIO EQUIPMENT Subdivision design standards re easements and ri hts-of-wa Noise control 19-104 Zoning; surface water management EMERGENCIES C-3 Regional Business District 45-34.1(8) - Ambulances 17-50, 17-51 DROUGHT Civil disorders and disturbances Water shortage emergencies 19-200 et seq. Mayor designated local authority for pres- " See: WATER SHORTAGE EMERGEN- ervation of public peace 8-16 CIES Emergency medical services Fees E Billing and collection 11.5-23 Establishment 11.5-22 ELECTIONS Generally 11.5-21 Ballots Fire division 12-29 et seq. Direction for preparation 10-8 See: FIRE PREVENTION AND PRO- Public measure 10-10 TECTION Specifications; general and runoff elec- Water shortage emergencies 19-200 et seq. tions 10-9 See: WATER SHORTAGE EMERGEN- Candidacy CIES Candidates for office; qualifying 10-5 Preservation of notice of candidacy 10-6 EMPLOYEES. See: OFFICERS AND EM- Clerks. See herein: Inspectors and Clerk PLOYEES General elections, notice of 10-3 Inspectors and clerk ENCLOSURES. See: FENCES, WALLS, Appointment 10-58 HEDGES AND ENCLOSURES Compensation 10-61 Filling vacancy 10-60 ENERGY EFFICIENCY BUILDING CODE Good order, duty to maintain and report Adopted by reference 6-150 violations 10-62 Instruction prior to election 10-64 ENGINE EXHAUST Oath required 10-59 Noise control policy..................... 19-108' Supp. No. 13 2941 NORTH PALM BEACH CODE (--- Section Section EROSION CONTROL STRUCTURES FINES, FORFEITURES AND OTHER PEN- Construction regulations 5-9$ et seq. ALTIES See: BOATS, DOCKS AND WATER- Cade enforcement board; fines- and liens 2-178 WAYS Code of ordinances, provisions re general penalty and continuing violations 1-8 EXCAVATIONS Parking violation 18-37, 18-38 Bulkhead lines 7-1 et seq. Pension and certain other benefits for fire See: BULKHEAD LINE5 and police employees Stormwater management 21-61 et seq. Board of trustees for; forfeiture of mem- See: STORMWATER MAtvAGEMENT bership on board for absenteeism. 2-T64(b) Contributions; forfeitures 2-163(d) Street excavations 24-16 et seq. See: STREETS, SIDEWALKS AND PUB- FIRE DISTRICT LIC PLACES Property within village designated 6-3 EXCRETA FIRE PREVENTION AND PROTECTION Dog waste, removal provisions re 4-31, 4-32 Code enforcement board, applicability re.. 2-173 Department of public safety, provisions re fire division 2-76(c) F See: PUBLIC SAFETY DEPARTMENT Fire division FENCES, WALLS, HEDGES AND ENCLO- Composition 12-30 SURES Created; functions 12-29 Landscaping 27-31 et seq. Emergency medical technician volun- See: LANDSCAPING teers 12-32 Swimming pool requirements 25-37, 25-38 Equipment Acquisition 12-52 FINANCES Fire alarm system . 12-53 Budget procedures 2-2 Generall 12-51 Count club, rovisions re 9-21(c), 9-32 y ry P Housing 12-54 Court cost Private use of equipment 12-55 Assessment of additional court costs for Tampering with equipment 12-56 criminal justice education expendi- Impersonating fireman 19-8 tares 1-9 Motor equipment and members' cars des- Department of finance ignated emergency vehicles 12-31 Finance director: duties Personnel Audit accounts 2-59(1) Badges...........-................. 12-41 Budget duties 2-59(4) Car insignia....................... 12-42 Certify contracts 2-59(3) Other officers accountable to chief... 12-39 Custodian of bonds, contracts, etc. 2-59(7) Police assistance 12-43 Financial statements 2-59(5) Special police powers............... 12-40 Keep accounts 2-59(6) Volunteer firefighters, length of service Prescribe form 2-59(2) award plan for.................. 2-170 et seq. Investments See: PENSIONS AND RETIREMENT Allowable investment activity for village Fire prevention code funds 2-4 Adopted by reference 12-16 Pensions and retirement. See also that Amendments . . 12-17 subject Length of service award plan for volun- teer firefighters 2-170 et seq. Pension and certain other benefits for fire and police employees 2-159 et seq. Pension and certain other benefits for general employees 2-146 et seq. Planning and development;. filing fees and cost for changes 21-1, 21-2 Social security 2-136 et seq. See: SOCIAL SECURITY Taxation. See that subject Treasury, department of 2-51 See: TREASURY DEPARTMENT Supg. No. 13 2942 CODE INDEX Section Section JUNK LANDSCAPING-Contd. Abandoned, inoperative and junked prop- Objectives.........._ 27-32 erty 14-37 et seq. Off-street parking landscape manual..... 27-38 See: GARBAGE AND TRASH Plot use plan approval prerequisite to issu- ance of permits for building and pav- K ing 27-37 Refuse container areas 27-41 KNIVES. See: FIREARMS AND WEAPONS Scope; applicability 27-34 Weeds and brush 14-79 et seq. L See: WEEDS AND BRUSH - Zoning ordinance, conflict with........... 27-39 LAKE WORTH Bulkheads and seawalls; regulations gov- LIBRARY erring construction 5-84 Damaging property unlawful 16-1 Marine sanctuary, designation as 5-101 Department of library Librarian 2-93 LAND Library board Buildings; construction on public land pro- Appointment 16-17 hibited 6-1 Compensation, service without........ 16-20 Planning and development 21-OI et seq. Composition 16-17 See: PLANNINGAND DEVELOPMENT Established 16-16 Subdivision regulations 36-1 et seq. Meetings 16-23 See: SUBDIVISIONS (Appendix B) Organization 16-21 Powers and duties 16-22 LANDSCAPING Qualifications 16-19 Accessways 27-36 Removal from office 16-24 Appearance plan (Appendix A). See that Term of office . _ 16-17 _ subject Vacancies 16-18 Application of provisions; enforcement. , 27-33 Certain yard areas, off-street parking and LICENSES AND PERMITS other vehicular use areas Alarm permit....._ 19-208 et seq. Existing plant material 27-67 .See: ALARMS Installation 27-60 Boat launching area permits...-.......... 5-34 Maintenance 27-61 _ Bulkhead lines; filling permit............ 7-16 et seq. Pazking area interior landscaping 27-65 See: BULKHEAD LINES Perimeter landscaping relating to abut- Bulkheads and seawalls 5-72 ting properties . . . 27-64 Code enforcement board, applicability re.. 2-173 Plant material Driveways. See herein: Sidewalk and Drive- Ground covers 27-62(e) way Permits Lawn grass 27-62(f) Emergency medical services 11.5-21 Quality 27-62(a) Flood damage prevention development per- -- Shrubs and hedges 27-62(c)-: mit........._...._................ 12.5-22 Tree species 27-62(b) Garage, related sales.................... 17-62 Vines 27-62(d) Home occupations. See also that subject Required landscaping adjacent to public Generally . 17-16 et seq. rights-of-way 27-63 Occupational license for home occu- Scope, applicability 27-59 patrons....................... 17-2(c) et seq. Sight distance adjacent to public rights- Noise control; special permits excepted 19-119 of-way and points of access....... 27-66 Occupational licenses Certificate of completion . 27-35 Application for 17-18 Code enforcement board, applicability re.. 2-173 Commercial vehicles, marking of 17-33.1 Completed landscaping required for certif- Compliance by principal deemed compli- icate of use and occupancy.......... 27-37 ante by agent 17-29 Definitions 27-31 Delinquency penalty.................. 17-20 Improved nonresidential properties in ex- Doing business not covered by license.. 17-28 istence on September 23, 1971 Duplicate licenses 17-27 Applicable requirements 27-40(b) Duration...:......................... 17-19 Exceptions 27-40(c) False statements Objectives 27-40(a) Engaging in business without license Planning commission, submission of plans or under license issued on 17-32 to 27-40(d) License obtained by void ab initio... 17-28 Supp. No. 13 2945 - NORTH PALM BEACH CODE Section Section LICENSES AND PERMITS-Confd. MARINE SANCTUARIES Half-year license 17-19 Designated............................. 5-101 Home occupations.. See also that subject MAy SHALL Generally 17-16 et seq. Occupational license for home oc- Definitions and rules of construction...... 1-2 cupations 17-2(c) et seq. MAYOR Issuance 17-19 Civil disorders and disturbances; mayor Noncompliance of principal............ 17-29 designated local authority for preser- Nonprofit enterprise, special permit for 17-22 vation of public peace 8-16 Posted or carried, license to be 17-26 Village council; presiding officer at meet- Refund of fee 17-30 ings.......... . 2-18 Registration required 17-17 Renewal 17-20 MEASURES. See: WEIGHTS AND MEA- Required; basis of one year............ 17-16 SURES Specified professions, how tax construed MEDICAL SERVICES as to 17-21 Emergency medical services 11.5-21 et seq. Suspension or revocation 17-30 See: EMERGENCIES Tax exemptions 17-31 Tax schedule 17-33 MEETINGS. See: ASSEMBLIES Transfer of license MISSILES, STONES, ETC. New location 17-25 New owner 17-24 Throwing missiles 19-83 Variable factors within applicant's knowl- MONTH edge, declaration where fee de- Definitions and rules of construction 1-2 pends on 17-23 When due and payable 17-19 MONUMENTS Park and recreation facilities; meeting and Subdivisions, required improvements re 36-27 gathering permits 20-31 et seq. MOTOR VEHICLES AND TRAFFIC See: PARKS, PLAYGROUNDS AND Ambulances 17-50, 17-51 RECREATION Businesses located outside village limits, Public services department, division of per- marking of commercial vehicles 17-34.13 wits and inspections 2-85.(1) Combat Auto Theft (CAT) 18-19 Seawalls. See herein: Bulkheads and Sea- Fire division, provisions re cars and desig- walls nated emergency vehicles........... 12-31 et seq. Sidewalk and driveway permits 24-55 et seq. See: FIRE PREVENTION AND PRO- See: STREETS, SIDEWALKS AND PUB- TECTION LIC PLACES Hitchhiking prohibited 19-6 Street excavation permits 24-28, 24-29 Junked vehicles Swimming pool construction permit 25-23, 25-24 Abandoned, inoperative and junked prop- Treasure's duties re permits and. licenses . 2-51(11) ert 14-37 et se y q. Utilities See: GARBAGE AND TRASH. Use ofrights-of--way for utilities; written Noise control policy, provisions re 19-203 et seq. permit 28-2, 28-3 See: NOISE LOTS Occupational licenses; marking of commer- Subdivision design standards 36-18 cial vehicles 17-33.1 Zoning regulations 45-1 etseq, Park regulations re traffic..............: 20-5 See: ZONING (Appendix C) Parking. See herein: Stopping, Standing and Parking LOUDSPEAKERS Public safety department Noise control policy re loudspeakers and Police division, provisions re traffic 2-76(b)(5) devices for advertising 19-105 Public services department Division of signal service 2-85(3) M MANAGER. See: VILLAGE MANAGER MANGROVE STANDS Flood damage prevention provisions...... 12.5-45 MAPS. See: SURVEYS, MAPS AND PLATS Supp. No. 13 2946 CODE INDEX Section Section PROPERTY-Contd. RESTROOMS Subdivision regulations 36-1 et seq. Parks and recreation facilities; failure to See: SUBDIVISIONS (Appendix B) cooperate in keeping restrooms neat Weeds and brush 14-79 et seq. or sanitary 20-2 See: WEEDS AND BRUSH RETIREMENT. See: PENSIONS AND RE- PUBLIC PLACES. See: STREETS, SIDE- TIREMENT WALKS AND PUBLIC PLACES PUBLIC RECORDS. See: DOCUMENTSAND S PUBLIC RECORDS _ SAND DUNES PUBLIC SAFETY DEPARTMENT Flood damage prevention provisions...... 12.5-45 Director's duties SANITATION. See: HEALTH AND SANITA- Designate instructor 2-75(2) TION Make assignments 2-75(1) Divisions SCHOOLS Fire Coin-operated amusements; proximity to Fire fighting 2-76(c)(3) schools restricted 19-4 Fire prevention 2-76(c)(4) SEAWALLS Maintain equipment 2-76(c)(2) Bulkheads and seawalls, construction re- Report losses 2-76(c)(1) quii•ements re 5-69 et seq. Generally 2-76(a) See: BOATS, DOCKS AND WATER- Police WAYS Crime prevention 2-76(b)(3), (4) Investigation 2-76(b)(3) SEXUALLY-ORIENTED ENTERTAINMENT Patrol 2-76(b)(2) Adult entertainment establishments Radio 2-76(b)(6) Zoning regulations re. See: ZONING (Ap- Records 2-76(b)(1) pendix C) Traffic 2-76(b)(5) SHALL, MAY Emergency medical services 11.5-21 et seq. See: EMERGENCIES Definitions and rules of construction 1-2 PUBLIC SERVICES DEPARTMENT SHRUBBERY. See: TREES AND SHRUB- Director's duties 2-84 BERY Divisions SIDEWALKS. See: STREETS, SIDEWALKS _ Municipal garage 2-85(4) AND PUBLIC PLACES Parks 2-85(2) Permits and inspections 2-85(1) SIGNAL DEVICES Refuse disposal 2-85(5) Noise control 19-103 Signal seLVice 2-85(3) SIGNATURE, SUBSCRIPTION Street maintenance 2-85(6) Definitions and rules of construction 1-2 g, SIGNS AND BILLBOARDS Code enforcement board, applicability re.. 2-173 RABIES CONTROL Country club; provisions re signs......... 9-2 Provisions enumerated 4-42 et seq. Outdoor displays. See herein: Signs and See: ANIMALS AND FOWL Outdoor Displays RADIOS Parking in violation of signs 18-36 Noise control 19-104 Parks, regulations re traffic signs........ 20-5(3) Police division, provisions re radio mainte- Signs and outdoor displays Construction standards 6-117 nance 2-76(b)(6) Design standards..................... 6-117 REASONABLE TIME Exempt signs 6-112 Definitions and rules of construction 1-2 Location standards 6-117 Measurement determinations 6-116 RECORDS. See: DOCUMENTS AND PUB- Permitted permanent accessory signs 6-115 LIC RECORDS Permitted tem ora si 6-114 P rY RECREATION. See: PARK, PLAYGROUNDS Prohibited signs 6-113 AND RECREATION Provisions generally 6-111 Zoning REFUSE. See: GARBAGE AND TRASH C-3 Regional Business District 45-34.1(7) Supp. No. 13 2951 NORTH PALM BEACH CODE j " Section Section t( SOCIAL SECURITY STREETS, SIDEWALKS AND PUBLIC Agreement authorized 2-138 PLACES-Contd. Appropriations by village 2-140 Motor vehicles and traffic 18-16 et seq. Declaration of policy 2-136 See: MOTOR VEHICLES AND TRAF- Exclusions from coverage 2-137 FIC Records and reports 2-141 Obstructing passageway................. 19-47 Social security act adopted 2-143 Profanity; vulgar language prohibited 19-65 Withholding and reporting agent......... 2-142 Public services department Withholding from wages 2-139 Division of permits and inspections 2-85(1) 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-~; STENCH BOMBS Permits Excepted uses 19-82(c) Driveway construction Possession prohibited 19-82(b) Application; information required. 24-58 Throwing or depositing 19-82(a) Prohibited in certain instances 24-57 Required 24-56 STORMWATER MANAGEMENT Separate permits required for drive- Adoption 21-61 ways and sidewalk construction 24-55 Applicability 21-61 Sidewalks Design 21-61 Constructed required in certain cases 24-41 Finished floor of structures, level of 21-63 Exceptions to requirements 24-42 Objectives of system design 21-68 Specifications Open channels and outfall ditches........ 21-66 Driveways 24-43(c) Post development runoff rates, volumes Generally 24-43(a) and pollutant loads 21-67 Sidewalks......................... 24-43(b) Storm drainage facilities generally 21-64 Village engineer, driveways to be con- Stormwater retention systems 21-69 structed under supervision o£ 24-44 Streets Smoke, dust, odors, liquids, etc........... 19-9 ' Minimum street grades 21-62 Spitting in public places prohibited....... 19-5 Roadside swales, 21-65 Stormwater management, applicable pro- Subdivisions, required improvements re 36-31 visions re 21-62, 21-65 Water ualit 21-70 Subdivision regulations 36-1 et seq. q y' ' ' ~ ~ ' ' ' ' ' ' ' ' ' ~ ' ' " ' ' ~ See: SUBDIVISIONS (Appendix B) Zoning; surface water management C-3 Regional Business District 45-34.1(8) Swale areas, sodding required in certain instances 24-3 STREETS, SIDEWALKS AND PUBLIC 7Yees in swale areas 27-16 et seq. PLACES See: TREES AND SHRUBBERY Code enforcement board, applicability re.. 2-173 Utilities Definitions and rules of construction 1-2 Public utilities, cost of changing or re- Dogs on streets and sidewalks........... 4-28(a) movalof 24-4 Excavations Use of rights-of--way for utilities 28-1 et seq. Definition See: UTILITIES 24-16 Equipment to be guarded 24-18 SUBDIVISIONS (Generally) Liability of village 24-20 Appearance plan (Appendix A). See that Permits subject Fees 24-29 Code enforcement board, applicability re.. 2-173 Required 24-28 Flood damage prevention provisions...... 12.5-41(4) Protective measures 24-19 Zoning regulations...................... 45-1 et seq. Refilling, tamping by excavator........ 24-17 See: ZONING (Appendix C) Resurfacing by village 24-17 Handbills; distribution restricted......... 19-7 SUBDIVISIONS (Appendix B) Hitchhiking prohibited 19-6 (Note-Section contained herein refer to Landscaping 27-31 et seq. sections found within Appendix B) See: LANDSCAPING Amendments Missiles, throwing 19-83 Public hearing required................ 36-39.1 Supp. No. 13 2952 CODE INDEX Section Section SUBDIVISIONS .(Appendix B)-Confd. SUBDIVISIONS (Appendix B)-Confd. _ Definitions Wildlife protection and preservation. See General terms 36-5 within this subheading: Land Clear- Specific terms 36-6 ing, Vegetation and Wildlife Protec- Design standards tion and Preservation Alleys 36-20 Jurisdiction 26-3 Blocks. See within this subheading: Lots Legal status and Blocks Conflicting regulations 36-41 Comprehensive plan, conformity with.. 36-17(1) Easements and rights-of--way Effective date 36-42 Saving clause 36-40 Access waterways 36-22(c) plats, platting Drainage 36-22(b) procedures for subdivision plat approval. Utilities 36-22(a) See herein that subject Lots and blocks Access 36-18(3) Procedures for subdivision plat approval Block lengths 36-18(6) Construction plan specifications 36-13 Double frontage lots 36-18(5) Construction plans procedure Lot lines 36-18(4) Preparation of construction plans 36-12(1) Lot size 36-18(1) Submission and review of construc- Residence lots, minimum 36-18(2) tion plans 36-12(2) Public sites and open spaces 36-23 Surety device, posting of 36-12(3) Rights-of--way. See within this subhead- Final plat procedure ing: Easements and Rights-Of--Way Application for final plat approval... 36-14(2) Sidewalks 36-21 Generally 36-14(1) Soil and flood hazards, consideration of 36-17(2) Planning commission action 36-14(4) Streets Planning commission review........ 36-14(3) Adjoining property, street access to.. 36-19(7) Recording of final plat 36-14(6) Arterial streets, subdivisions on..... 36-19(2) Village council action 36-14(5) Culs-de-sac 36-19(6) Final plat specifications................ 36-15 Half streets 36-19(8) General prerequisites to 36-7 Intersection design 36-19(4) Pre-application conference 36-9 Minimum street design specifications 36-19(5) Preliminary plat procedure Minor streets 36-19(1) Application for preliminary plat ap- Railroads or limited access highway, _ proval 36-10(1) subdivisions on 36-19(3) Developments of regional impact.... 36-10(2) Street names 36-19(9) Effect of approval.................. 36-10(9) Subdivision entrances 36-25 Failure of planning commission to Water bodies, access to 36-24 take action 36-10(8) Enactment and authority 36-2 Fees 36-10(3) Enforcement provisions Notification of action 36-10(7) Appeals 36-35 Planning commission action 36-10(6) Erection of buildings and issuance of Planning commission review........ 36-10(5) permits 36-38 Review comments................... 36-10(4) General enforcement regulations 36-36 Preliminary plat specifications 36-11 Land clearing, vegetation and wildlife Qualification of person making survey . 36-8 protection and preservation Reversion of subdivided land to acreage 36-16 Application procedure for vegetation Purpose and intent 36-4 removal unrelated to building Required improvements permit applications 36-38.1(3) Bikeways 36-29.1 Exceptions 36-38.1(5) Bridges.............................. 36-30 Fees 36-38.1(6) General requirements 36-26 Generally 36-38.1(1) Monuments Vegetation protection during construc- Permanent control points........... 36-27(b) tion 36-38.1(4) Permanent reference monuments 36-27(a) Vegetation removal permit, applica- Planned unit development alternatives. 36-34 tion procedure 36-38.1(2) Screening walls and landscaping 36-33 Required improvements 36-37 Sidewalks............................ 36-29 Vegetation. See within this subheading: Storm water management 36-31 Land Clearing, Vegetation and - Streets Wildlife Protection and Preserva- Arterial and collector streets........ 36-28(a) tion Curb and gutter 36-28(c) Supp. No. 13 2953 NORTH PALM BEACH CODE Section Section SUBDIVISIONS (Appendix B)--Contd. SWITCHBLADE KNIVES Marginal access streets 36-28(b) Sale prohibited 19-185(a) Pavement base 36-28(f) Subgrade 36-28(e) T Swales 36-28(d) Wearing surface 36-28(g) TAXATION Utilities Insurance excise taxes 26-16, 26-17 Sanitary sewer 36-32(a) Occu ational licenses 17-16 et seq. Septic tanks........... 36-32(e) See: LICENSES AND PERMITS Underground utilities 36-32(d) Pension and certain other benefits fm• fire Water and sewer systems........... 36-32(c) and police employees Water supply 36-32(b) Tax on insurers 2-167 Wells Telecommunications service tax Individual wells prohibited in cer- Collection 26-52 tain areas of village 36-32(f) Compensation 26-54 Short title 36-1 Exemptions 26-53 Levy 26-51 SURVEYS, MAPS AND PLATS Rate 26-51 Official zoning map 45-17 Utility tax.............................. 26-29 et seq. Subdivision regulations 36-7 et seq. See: UTILITY TAX. See: SUBDIVISIONS (Appendix B) TELECOMMUNICATIONS SERVICE TAX SWALE AREAS Generally 26-51 et seq. Sodding required in certain instances 24-3 See: TAXATION Trees in Swale areas 27-16 et seq. TELEPHONES Seer TREES AND SHRUBBERY Alarms; interference with public safety de- SWEAR OR SWORN. See: OATH, AFFIRMA- partment trunk line prohibited 19-215 / TION, SWEAR OR SWORN TELEVISION Cable television rate regulation.......... 17-1 SWIMMING Bathing regulations; diseased persons pro- TENSE hibited from bathing in public pool, Definitions and rules of construction 1-2 etc . 19-3 Restricted waters, swimming in.......... 5-3 THEFT Combat Auto Theft (CAT) 18-19 SWIMMING POOLS TIME ~I Code enforcement board, applicability re.. 2-173 Definitions and rules of construction 1-2 ~ Construction permits Plans . 25-24 TRAFFIC. See: MOTOR VEHICLES AND Required; application; fees 25-23 TRAFFIC Country club premises regulations 9-1 Cross-connection of filtration equipment TRASH. See: GARBAGE AND TRASH and water supply 25-7 TREASURY DEPARTMENT Definitions 25-1 Treasurer's duties Electrical equipment..... 25-8 Accounts of receipts and expenditures 2-51(6) Final approval before use 25-2 Bonds, responsibility for proceeds of 2-51(5) Grade 15-11 Books, examination of 2-51(2) Hair and lent strainers 25-5 Collect moneys and fees due village.... 2-51(10) Public and private pools Debt, cancellation of evidences of 2-51(7) Construction 25-36 Default of officer, duty upon........... 2-51(4) Fencing Delinquent payments and financial re- Modifications and exceptions 25-38 ports • . , • , , , , , , , , , , , 2-51(3) Requirements 25-37 Fiscal supervision over officers 2-51(1) Recirculating- piping and fittings, require- Monthly report to finance director 2-51(12) ments for 25-9 Pay village employees 2-51(9) Scum-gutters 25-6 permits and licenses.................. 2-51(11) Setback 25-3 Receive and disburse moneys.......... 2-51(8) Tamping-back-fill 25-10 Vacuum cleaner 25-4 TREES AND SHRUBBERY Water circulations 25-4 Code enforcement board, applicability re.. 2-173' Supp. No. 13 2954 CODE INDEX Section Section TREES AND SHRUBBERY-Contd. VILLAGE MANAGER Landscaping 27-31 et seq. Administrative code, provisions re 2-39 et seq. See: LANDSCAPING See: ADMINISTRATIVE CODE Missiles, throwing 19-83 Bond................................... 2-117 Parks and recreation facilities; climbing Budget procedures, duties re 2-2 trees, etc 20-4 Country club, provisions re resolution of Swale areas, trees in manager conflict 9-22 Definitions 27-16 Removal 2-116 Planting and removal; written approval Residency 2-115 required 27-L VOYEURISM Scope 27-19 Window peeping prohibited.............. 19-66 Variety and location 27-18 W iJ WALLS. See: FENCES, WALLS, HEDGES UTILITIES AND ENCLOSURES Flood damage prevention provisions...... 12.5-41(3), (5) WATER SHORTAGE EMERGENCIES Franchises enumerated. See Appendix D Application 19-201 Street construction work; cost of changing Definitions 19-200 or removal of public utilities 24-4 Enforcement Subdivision design standards re easements Emergency power 19-204 and rights-of-way 36-22(a) Generally............................ 19-203 Subdivisions, required improvements re 36-32 Implementation Telecommunications service tax.......... 26-51 et seq. Exemptions 19-202(b) See: TAXATION Permanent restrictions 19-202(a) Use of rights-of--way for utilities Sanitation, exception to maintain 19-205 Code enforcement board, applicability Violations and penalties 19-206 re 2-173 Rules and regulations adopted 28-1 WATER SUPPLYAND DISTRIBUTION Written permit (franchise) Stormwater management 21-61 et seq. Contents 28-3 See: STORMWATER MANAGEMENT Required; term 2g-2 Wellfield protection 19-220, 19-221 _ Zoning; C-3 Regional Business District UTILITY TAX Surface water management 45-34.1(8) Collection 26-30 WATERWAYS. See: BOATS, DOCKS AND Exemption 26-31 WATERWAYS Levied; rate 26-29 WEAPONS. See: FIREARMS AND WEAP- ONS v WEEDS AND BRUSH VILLAGE Lien Definitions and rules of construction 1-2 Recorded statement of removal costs con- stitutes lien; collection........... 14-83 VILLAGE COUNCIL Notice to destroy 14-80 Compensation 2-16 Owner to bear costs of removal 14-82 Definitions and rules of construction 1-2 Prohibited over certain height 14-79 Elections; village council to constitute can- Removal by village 14-81 vassing board 10-11 Meetings WEEK Adjournment of all meetings 2-19 Definitions and rules of construction 1-2 Regular meetings WEIGHTS AND MEASURES Presiding officer 2-18 Motor vehicle operation; weight limitations When held 2-17 on certain roads 18-18 Rules of procedure. See herein that sub- Noise measurement procedure 19-113 ject Rules of procedure WELLFIELD PROTECTION Order of business 2-26 Business activities with potential to con- Parliamentary rules 2-27 taminate land and water resources, Village clerk, duties re 2-67 regulation of....................... 19-221 Supp. No. 13 2955 NORTH PALM BEACH CODE Section :~c;,,~., WELLFIELD PROTECTION-Confd. County wellfield protection ordinance adopted by reference 19-220 WRITTEN, IN WRITING Definitions and. rules of construction 1-2 1, YARDS Ai\TD OPEN SPACES ~ Landscaping 27-31 et seq. See: LANDSCAPING Zoning regulations 45-27 et seq. See: ZONING (Appendix C) YEAR Definitions and rules of construction 1-2 Z ZONING (Generally) Appearance plan (Appendix A). See that subject Code enforcement board, applicability re.. 2-173 Home occupations . . 17-2(a) et seq. See: HOME OCCUPATIONS Landscaping; conflict with zoning ordi- nance 27-39 Planning commission; changes to zoning ordinances 21-12 Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) I [The next page is 2965] Supp. No. 13. 2956 CODE INDEX Section Section ZONING (Appendix C) ZONING (Appendix C)-Confd. (Note~ections contains herein refer to C-2 General Commercial District sections contained within Appendix Height, site area, yards and open spaces, C) off-street parking and floor area 45-34(C) Adult entertainment establishments Performance standards 45-34(B) Administrative requirements; supple- Permitted uses 45-34(A) mental C-3 Regional Business District Plan review 45-20(8)(b) Height............................... 45-34.1(5) Rules of construction 45-20(8)(a) Landscaping 45-34.1(4) Definitions 45-20(3) Location of business for retail sales of Disclosure of names aliases and dates of alcoholic beverages 45-34.1(9) birth of employees 45-20(10) Lot coverage; maximum............... 45-34.1(6) Display or exposure of specified anatom- Off-street loading and internal circula- ical area 45-20(9) tion 45-34.1(3) Enforcement 45-20(11) Off-street parking.................... 45-34.1(2) Findings of fact 45-20(2) Permitted uses....................... 45-34.1(1) Legislative intent 45-20(1) Setbacks............................. 45-34.1(5) 1VIeasurement of distance 45-20(5) Signs................................ 45-34.1(7) Nonconforming uses 45-20(7) Special C-3 Planned Unit Development. Prohibited locations 45-20(4) (PUD) provisions................ 45-34.1(10) Variance, none 45-20(6) Surface water management........... 45-34.1(8) Alcoholic beverages. See also that subject C-A Commercial District Location of business for retail sales of Architecture 45-31(J) alcoholic beverages 45-20(2), 45- Conditions- for permitted. uses ......-... 45-31(C) 36.N Floor area 45-31(I) C-3 Regional Business District...... 45-34.1(9). General description 45-31(A) Amendments Height 45-31(D) Changes and amendments 45-5 Off-street parking and loading 45-31(G) Fees; waiting periods Off-street parking lot layout, construc- Application for variances........... 45-50 tion and maintenance............ 45-31(H) Applications for rezoning, etc........ 45-49 Permitted uses 45-31(B) Antenna and antenna towers............ 45-21 Yards and open spaces 45-31(F) Architecture ~ CB Commercial District C-A Commercial District 45-31(J) Architecture 45-31.1(J) CB Commercial District................ 45-31.1(J) Conditions for permitted uses 45-31.1(C) Buildings Floor area _ 45-31.1(I) District regulations, buildings and uses General description 45-31.1(A) to conform to 45-19 Height..............._............... 45-31.1(D) Floor area regulations. See herein: Floor Off-street parking and loading 45-31.1(G) Area Off-street parking lot layout, construc- Height regulations. See herein:. Height tion and maintenance............. 45-31.1(H) Nonconforming uses of land and strut- Permitted uses 45-31.1(B) tures. See herein that subject Site area 45-31.1(E) Site area regulations. See herein: Site Yards and open spaces 45-31.1(F) Area Changes and .amendments 45-5 C-1 Neighborhood Commercial District Conflict of provisions 45-4 Conditions for permitted uses 45-33(G) C-OS Conservation and Open Space Dis- Floor area 45-33(F) trict Heights 45-33(B) Coastal zone protection 45-35.2(C) Off-street parking 45-33(E) Intent 45-35.2(A) Permitted uses 45-33(A) Permitted uses....................... 45-35.2(B) Site area 45-33(C) Definitions 45-2 Yards and open spaces 45-33(D) Adult entertainment establishments 45-20(3) C-lA Limited Commercial District Rules of construction 45-20(8)(a) _ Conditions for permitted uses 45-32(G) Historic site overlay district........... 45-37(b) Floor area 45-32(F) Districts Height 45-32(B) Division of village into districts........ 45-16 Permitted uses 45-32(A) Enumerated 45-16 Site area 45-32(C) See also specific districts as indexed Yards and open spaces 45-32(D) General provisions 45-36 Supp. No. 13 2965 NORTH PALM BEACH. CODE Section Section ZONING (Appendix C)-Contd. ZONING (Appendix C1-Cont'd. Floor area Damaged, destroyed, etc 45-17(5) C-1 Neighborhood Commercial District. 45-33(F) Identification 45-17(2) C-lA Limited Commercial. District 45-32(F) Location; fmal authority 45-17(4) C-2 General Commercial District 45-34(C) Off-street loading and. internal circulation C-A Commercial District 45-31(I) C-3 Regional Business District 45-34.1(3) CB Commercial District 45-31.1(I) Off-street parking R-2 Multiple-Family Dwelling District . 45-28(E) C-1 Neighborhood Commercial District. 45-33(E) R-3 Apartment Dwelling District 45-30(F) C-lA Limited Commercial District 45-32(E) Height C-2 General Commercial District 45-34(C) C-1 Neighborhood Commercial District. 45-33(B) C-3 Regional Business District 45-34.1(2) C-lA Limited Commercial District 45-32(B) C-A Commercial District 45-31(G), (H) C-2 General Commercial District 45-34(C) CB Commercial District 45-31.1(G), (H) C-3 Regional Business District 45-34.1(5) R-1 Single-Family Dwelling Districts 45-27(E) C-A Commercial District 45-31(D) R-2 Multiple-Family Dwelling District . 45-28(F) CB Commercial District 45-31.1(D) R-3 Apartment Dwelling District 45-30(E) R-1 Single-Family Dwelling Districts... 45-27(B) Open spaces. See herein: Yards and Open R-2 Multiple-Family Dwelling District . 45-28(B) Spaces R-3 Apartment Dwelling District 45-30(B) Parking Historic site overlay district Off-street Ioading and internal circula- Definitions 45-37(b) tion. See herein that subject Local register of historic sites ~ Off-streetparkingregulations. Seeherein: Creation of 45-37(C) Off-Street Parking Initiation of placement on 45-37(D) Performance standards Placement on 45-37(E) C-2 General Commercial District 45-34(B) Certificate of appropriateness....... 45-37(H) Permitted uses Criteria for listing on 45-37(F) C-1 Neighborhood Commercial District. 45-33(A), (G) i Effect of listing on 45-37(G) C-lA Limited Commercial District 45-32(A), (G) Purpose 45-37(a) C-2 General Commercial District 45-34(A) Interpretation of provisions 45-3 C-3 Regional Business District........ 45-34.1(1) Landscaping C-A Commercial District 45-31(B), (C) C-3 Regional Business District 45-34.1(4) CB Commercial District 45-31.1(B), (C) Loading, off-street. See herein: Off-Street C-OS Conservation and Open Space Dis- Loading and Internal Circulation trict 45-352(B) Lots R-1 Single-Family Dwelling Districts 45-27(A) C-3 Regional Business District 45-34.1(6) R-2 Multiple-Family Dwelling District . 45-28(A) CB Commercial District 45-3L1(H) R-3 Apartment Dwelling District 45-30(A) Nonconforming lots of record 45-62 Planned unit development Map C-3 Regional Business District 45-34.1(10) Official zoning map. See herein that Filing of application 45-35.1(II) subject Planning commission Nonconforming uses of land and structures Action of 45.35.1(IV) Adult entertainment establishments 45-20(7) Referral to 45-35.1(III) Extension and enlargement........... 45-61 Statement of intent 45-35.1(I) Intent 45-60 Village council Land, nonconforming uses of.......... 45-63 Action of 45-35.1(V) Lots of record, nonconforming 45-62 Effect of approval of 45-35.1(VI) Repairs and maintenance 45-66 Public district Structures and premises in combina- Restricted uses 45-35 tion, nonconforming uses of 45-65 R-1 Single-Family Dwelling District Structures, nonconforming............ 45-64 Annexed land in 45-20 Temporary uses 45-67 Height............................... 45-27(B) Oceanfront land Off-street parking 45-27(E) Ocean setback 45-22 Permitted uses....................... 45-27(A) Official zoning map Site area 45-27(C) Adopted by reference 45-17(1) Yards and open spaces.................. 45-27(D) Boundary conflict interpretations...... 45-18 R-2 Multiple-Family Dwelling District Buildings and uses to conform to district Community residential home regula- regulations 45-19 tions 45-28(G) Changes 45-17(3) Floor area 45-28(E) Supp. No. 13 2966 CODE INDEX Section ZONING (Appendix C)--Contd. Height 45-28(B) Off-street parking 45-28(F) Permitted uses... 45-28(A) Site area 45-28(C) Yards and open spaces 45-28(D) R-3 Apartment Dwelling District Floor area 45-30(F) Height 45-30(B) Off-street parking 45-30(E) Permitted uses 45=30(A) Site area 45-30(C) Yards and open spaces 45-30(D) Setbacks C-3 Regional Business District........ 45-34.1(5) Oceanfront land 45-22 Short title 45-1 Signs C-3 Regional Business District 45-34.1(7) Site area C-1 Neighborhood Commercial District. 45-33(C) C-lALimited Commercial District..... 45-32(C) C-2 General Commercial District 45-34(C) C-A Commercial District 45-31(E) CB Commercial District 45-31.1(E) R-1 Single-Family Dwelling Districts 45-27(C) R-2 Multiple-Family Dwelling District . 45-28(C) R-3 Apartment Dwefling District 45-30(C) Surface water management C-3 Regional Business District 45-34.1(8) Telecommunications antenna and antenna towers 45-21 Violation and penalty 45-6 Yards and open spaces - C-1 Neighborhood Commercial District. 45-33(D) C-lA Limited Commercial District..... 45-32(D) C-2 General Commercial District 45-34(C) - C-A Commercial District 45-31(F) CB Commercial District 45-31.1(F) R-1 Single-Family Dwelling Districts 45-27(D) R-2 Multiple-Family Dwelling District . 45-28(D) R-3 Apartment Dwelling District 45-30(D) Supp. No. 13 2967 C i