The URL can be used to link to this page

Code of Ordinances Supplement 12 SUPPLEMENT NO. 12 September 1996 CODE OF ORDINANCES Village of NORTH PALM BFACII, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 35-96, adopted August 22, 1996. See the Code Comparative Table for further information. Included in the Charter is: Ordinance loo. 33-96, adopted August 22, 1996. See the Charter Comparative Table for further information. Remove old pages Insert new pages Xl-XV Xl-XV Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 5-6.1 5-6.2 65 65 135-138 135-138.1 143-144.2 143-144.3 149, 150 149-150.2 155, 156 155, 156 161-163 161-165 383-398.2 383-385 1173-1175 1173-1175 2507-2510.6 2507-2510.7 2819 2819, 2820 2883, 2884 2883-2885 2935-2950.1 2935-2950.2 2953, 2954 2953-2955 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 �. i TABLE OF CONTENTS Page Officials of the Village . iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] .PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 6.1 Art. IV. Administrative 11 Art. V. Qualifications and Elections 13 Art. VI. Transition Schedule . 14 Charter Comparative Table 65 PART II ' CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 136 Div. 1. Generally 136 Div. 2. Rules of Procedure 136 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. 12 xi _ NORTH PALM BEACH CODE ~f 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 2.68 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 617 Supp. No. 12 Xii TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV Polling Place 620 11. Electricity.• 671 Art. I. In General 673- Art. II. Electrical Code ~ 673 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Fire Prevention Code 725 -Art. III. Fire Division 726 Div. 1. Generally 726 Div 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of hazardous Substances 728 12.5 Flood Damage Prevention 777 . Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved... 839 14. Health and Sanitation 889 -Art. I. In General . . 891 Art. II. Garbage, mash and Refuse 891 Div. 1. Generally 891 Div. 2. Garbage Collection and Disposal 891 Div. 3. Abandoned, Inoperative and Junked Prop- erty 892 Art. III. Reserved 895 Art. IV. Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 • 17. Licenses and Miscellaneous Business Regulations 1051 Art. I. In General 1053 Art. II. Occupational Licenses 1054 Art. III. Businesses Located Outside Village Limits 1060 Art. IV. Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 17.5 Reserved 1121 18. Motor Vehicles and ~affic 1171 Art. I. In General 1173 Supp. No. 12 Xiii NORTH PALM BEACH CODE _ ~- Chapter Page Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking 1173 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 1237 Art. XI. Wellfield Protection 1241 20. Parks, Playgrounds and Recreation 1289 Art. I. In General 1291 Art. II. Meetings and. Gatherings 1292 . .Div 1. Generally 1292. Div. 2. Permit . 1292 Art. III. Recreation Advisory Board 1293 21. Plannning 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 Art. II. Construction Permits 1576 Art. III. Public and Private Pools 1577 Supp. No. 12 x1V i TABLE OF CONTENTS-Contd. - Chapter Page 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax 1629 Art. IV Utility Tax . 1630 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1683 Div. 1. Generally 1683 Div. 2. Reserved 1686 Div. 3. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas... 1686 28. Use of Rights-Of--Way for Utilities 1739 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval 2358 Art. III. Design Standards 2365 Art. IV. Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments . 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art. I. In General 2481 Art. II. Generally 2484 Art. III. District Regulations 2486.4 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. 12 xv `r i I � - i Checklist of LTp-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 1 144.3 12 iii 1 145, 146 9 v, vi OC 147, 148 9 vii, viii OC 149, 150 12 ix OC 150.1, 150.2 12 x.i, x.ii 1 151, 152 11 x.iii 1 153, 154 11 xi, xii 12 155, 156 12 xiii, xiv 12 156.1, 156.2 3 xv 12 157, 158 10 1 OC 159, 160 10. 3, 4 8 161, 162 12 5, 6 ~ 12 163, 164 12 6.1, 6.2 12 165 ~ 12 7, S OC 211 OC 9, 10 OC 213 11 11, 12 OC 263 OC 13, 14 OC 265, 266 OC 65 12 267, 268 OC 77 OC 269 OC 79, 80 OC 319 OC 81, 82 9 321, 322 OC 133 10 323, 324 OC 135, 136 12 325, 326 . OC 137, 13~ 12 327, 328 11 138.1 12 329, 330 11 139, 140 OC 331 11 141, 142 OC 381 OC 143, 144 12 383, 384 12 144.1, 144.2 12 385 12 Supp. No. 12 [1] NORTH PALM BEACH. CODE - - Page No. Supp. No. Page 1Vo. Supp. loTo. 398.3, 398.4 7 1061, 1062 8 398.5, 398.6. S 1063, 1064 8 398.7, 398.8 8 1121 OC 398.9, 398.10 8 1171 OC 398.11, 398.12 8 1173, 1174 12 398.13, 398.14 8 1175 12 398.15, 398.16 8 1225 OC 399, 400 OC 1227, 1228 OC . 401, 402 OC 1229, 1230 OC 403 OC 1231, 1232 OC 453 OC 1233, 1234 OC 455, 456 OC 1235, 1236 OC 507 OC 1237, 1238 - 6 509 OC 1239, 1240 6 559: OC 1241 6 561, 562 6 1289 3 563, 564 6 1291, 1292 OC 615 OC 1293,.1294 10 617, 618 OC 1343 4 619, 620 6 1345, 1346 OC 671 2 1347, 1348 OC 673 8 1349, 1350 OC 723 2 1351, 1852 OC 725, 726 5 1353, 1354 OC 727,. 728 5 1355, 1356. OC 729 5 135?, 1358 OC 777 OC 1359, 1360 OC 779, 780 OC 1361, 1362 5 781, 782 OC 1363, 1364 5 783, 784 OC 1365, 1366 5 785, 786 OC .1367 5 787, 788 OC 1411 OC 789 OC 1463 ~ OC 839 OC 1465, 1466 OC 889 OC 1517 OC 891, 892 11 1519, 1520 OC 892.1 11 1521, 1522 OC 893, 894 OC ~ 1523 OC 895, 896 OC 1573 OC 945 OC 1575, 1576 OC 947, 948 3 1577 OC 997 OC 1627 9 999, 1000 10 1629, 1630 9 1051 OC 1631 9 1053, 1054 9 1681 OC 1054.1, 1054.2 9 1683, 1684 OC 1055, 1056 8 1685, 1686 OC 1057, 1058 8 1687, 1688 OC 1059, 1060 8 1689, 1690 OC Supp. No. 12 [2] CfiECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1739 OC .2619 OC 1741, 1742 OC 281.9, 2820 12 2043 OC 2869, 2870 OC 2045, 2046 10 2871 OC 2047, 2048 OC 2873 OC 2049, 2050 OC 2875, 2876 OC .2051, 2052 OC 2877, 2878 OC 2053 OC 2879, 2880 OC 2353 OC 2881, 2882 OC 2355, 2356 OC 2883, 2884 12 2357, 2358 OC 2885 12 2359, 2360 OC 2933, 2934 OC 2361, 2362 OC 2935, 2936 12 2363, 2364 OC 2937, 2938 12 2365, 2366- OC 2939, 2940 12 2367, 2368 1 2941, 2942 12 2368.1 1 2943, 2944 12 2369, 2370 OC 2945, 2946 12 2371, 2372 OC 2947, 2948 12 2373, 2374 OC 2949, 2950 12 2375, 2376 OC 2950.1, 2950.2 12 2377, 2378 OC 2951, 2952 9 2379 OC 2953, 2954 12 2479 9 2955 12 2481, 2482 11 2965, -2966 12 2483,2484 11 2967 12 2485, 2486 11 2486.1, 2486.2 11 2486.3, 2486.4 11 2487, 2488 OC 2489, 2490 OC 2491, 2492 OC 2493, 2494 OC 2495, 2496 OC 2497, 2498 OC 2499, 2500 OC 2501, 2502 10 2503, 2504 10 2505, 2506 10 2507, 2508 12 2509, 2510 12 2510.1, 2510.2 12 2510.3, 2510.4 12 2510.5, 2510.6 12 2510.7 12 - 2511, 2512 OC 2513, 2514 OC 2515, 2516 OC 2517, 2518 OC Supp. No. 12 [3] I I i i I CHARTER § 1 shown on the Plat of Bulkhead line in the north westerly, along said easterly extension across end of the Waters of Lake Worth, as recorded in Lake Worth to the point of beginning, at the Plat Book 26; page 135, Public Records of Palm waters edge on the west shore of said Lake Worth. Beach County, Florida; thence southerly at right And a tract of land in Lots 3 and 4 of a subdivision angles to said north Right-of--Way line, a distance of Government Lot 8, Section 4, Township 42 of 53.00 feet to a point on said centerline of State South, Range 43 East, Palm Beach County, Flor- Road No. 703 and the northerly prolongation of ida, according to the Plat thereof, recorded in Plat the bulkhead line as shown on said plat; thence Book 18, page 4, Public Records of Palm Beach southerly and southwesterly, along said northerly County, Florida, said tract of land being more prolongation and said bulkhead line to its inter- particularly described as follows: section with the easterly prolongation of the north line of said Government Lot 8; thence continue Begin at the point of intersection of the north easterly along the same course, to a point in the right-of--way line of McLaren Road with the east southerly extension of the line between Govern- right-of--way line of Ellison-Wilson Road, said went Lots 3 .and 5 of said Section 4, as shown on point being the southwest corner of Lot 3; thence Plat of Seminole Beach recorded in Plat Book 22, run N°3-04'-10"-W along the east right-of--way page 37, Public Records of Palm Beach County, line of Ellison-Wilson Road 303.89 feet to the Florida; thence southerly, along said southerly northwest corner of the said Lot 3; thence run extension to a point in the westerly extension of 5-89°-54'=29"-E, along the north line of Lot 3 a the north line of Section 10 bf said Township and distance of 7.01 feet thence run North 03°-04'-10" Range; thence easterly, along said westerly exten- west a distance of 303.93 feet, thence run North Sion of the north line of said Section 10 and along 89°-49'-50" West a distance of 7.01 feet, thence the north line of said Section 10; to the waters of run North 03°-04'-10" West a distance of 125 feet Lake Worth; thence southerly, along the waters of ,thence run South 89°-49'-50" East a distance of Lake Worth, to the south line of the Marshall 620 feet, thence run North 03°-04'-10" West a Morton Estates, according to the Replat thereof distance of 125.20 feet, thence run South 89°-49'- recorded in Plat Book 24, page 1, Public Records 50" east a distance of 125.06 feet, thence run of Palm Beach County,. Florida; thence easterly, South 0°-12'-26" West a distance of 74.91 feet, along the south line of said Marshall Morton thence run South 23°-48'-04" East 248.69 feet, Estates, to the east boundary of said Marshall thence run South 89°-54'-29" East a distance of Morton Estates at the waters of a lagoon; thence 14.89 feet; thence run south 190.18 feet; thence northerly, along the easterly boundary of said run easterly parallel with the north line of Lot 4 a Marshall Morton Estates and along the waters of distance of 50 feet, thence southerly parallel to said lagoon, to the north line of said Section 10; the west line of Lot 4 a distance of 112.41 feet to thence easterly, along the north line of said Sec- a point in -the north right-of--way line of McLaren tion 10, to the waters of the Atlantic Ocean; Road; thence run west along the north right-of- thence southerly, along the waters of the Atlantic way line of McLaren Road, 727.33 feet to the point Ocean, to a point in a line parallel to, and 8,000 of beginning. feet southerly from, measured at right angles to, And a tract of land described as follows: A parcel the north line of said Section 10; thence westerly, of land lying in Section 5, Township 42 -South, along said parallel line, to a point in the westerly Range 43 East, Palm Beach County, Florida, and boundary of the submerged land area conveyed by being more particularly described as follows: the Trustees of the Internal Improvement Fund of the State of Florida, to Lake Worth Realty Com- That part of the North Half (N i/a) of the South pany, a Florida corporation, by Trustees' Deed No. Half (S ~/a) of the Southeast Quarter (SE'/4) of said 17,146, recorded in Deed Book 205, page 82, Section 5 lying westerly of the West Right-of--Way Public Records of Palm Beach County, Florida; line of the Intracoastal Waterway and lying East thence southerly, along said westerly boundary to of the easterly Right-of--Way line of Prosperity a point in the easterly extension of the south line Farms Road, as shown in Road Plat Book 2, pages of Government Lot 1 of said Section 21, thence 136 and 137; Supp. No. 12 5 § 1 NORTH PALM BEACH CODE TOGETHER with the Northeast Quarter (NE '14) records of Palm Beach. County, Florida;. Thence N of the Southwest Quarter (SW '/4) of the South- 89° 4T 58" W along the North line of said Lot 5, a west Quarter (SW ~/4) of the Southeast Quarter distance of 250.12 feet to a point: Thence South- (SE ~/4) of Section 5: erly, at right angles bearing South 0° 12' 02" TOGETHER WITH that part of the North 169.5 West, a distance of 74.91 feet; Thence South 23° feet of the West Half (W '/z) of the Southwest 47' 30" East, a distance of 200.65 feet; Thence South 89° 54' 40" East, a distance of 283.22 feet to Quarter (SW '!4) of the Southwest Quarter (SW a point in the East line of said Lot 5; Thence ~/4) of the Southeast Quarter (SE ~/4) of Section 5 North 23° 4T 30" West along East line of said Lot _ lying easterly of the East line of those lands 5; a distance of 282.04 feet to the Point of Begin- described in Deed Book 877, Page 439, Palm Wing. Beach County records: TOGETHER WITH the West Half (W ~/z) of the TOGETHER WITH the following described par- West Half (W 1/z) of the Southeast Quarter (SE ~/4) cel: of the Southwest Quarter (SW ~/4) of the South- A parcel of land lying in the southeast quarter of east. Quarter (SE '/4) of the said Section 5: Section 5, Township 42 South, Range 43 East, TOGETHER WITH the West thirty feet (30') of Palm Beach County, Florida, more particularly the following described parcel: described as follows: Commencing at the center of said Section 5: Commencing at the southwest corner of the south- thence easterly along the East-West Quarter Sec- east quarter of said Section 5; thence South tion line a distance of 1,293.76 feet to the- North- 88°-34'-32"East along the South line of the south- west corner of the Northeast Quarter (NE ~/a) of east quarter (the South line of the southeast the Southeast Quarter (SE ~/4) of said Section 5: quarter is taken to bear South 88°-34'-32" East thence South 00°-08'-30" West along the West line and all other bearings stated herein aze relative of the Northeast Quarter (NE '/4) of the Southeast thereto) a distance of 841.10 feet to the East line Quarter (SE ~/4) of Section 5, (the west line of the of the West half of the West half of the southeast Northeast Quarter (NE ~/4) of the Southeast Quaz- quarter of the southwest quarter of the southeast ter (SE ~/4) of Section 5 is assumed to beaz South quarter of said Section 5; thence North 00°-06'- 00-°-08'-30" West and all other bearings aze rela- 53" East along said East line and along the West five thereto) a distance of 1.343.65 feet to the line of the Plat of Harbour Point Marina, recorded Southwest corner of the Northeast Quarter (NE in plat Book 73, Pages 99 and 100, Public Records ~/4) of the Southeast Quarter (SE '/4) of Section 5 of Palm Beach County, Florida, a distance of _ and the POINT OF BEGINNING of the herein 671.39 feet to the northwest corner of said plat; described parcel: thence South 88°-16'-41" East thence South 88°-37'-59' East along the North along the South line of the. Southwest Quarter line of said plat a distance of 499.75 feet to the (SW '/4) of the Northeast Quarter (NE ~/4) of the most northeasterly corner of said plat and the Southeast Quarter (SE ~/4) of Section 5 a distance POINT OF BEGINNING of the hereinafter de- of 144.46 feet: thence North 02°-13'-54" West, a scribed parcel;. thence continue South 88°-37'-59" distance. of 157.46 feet; thence North 88°-16'-41" East along the North line of the South half of the West, a distance of 137.95 feet;. thence South southeast quarter of the southeast quarter of said 00°-08'-30" West, a distance of 157.15 feet to the Section 5 a distance of 594.98 feet to a point of POINT OF BEGINNING. intersection with the West right-of--way line of the Intracoastal Waterway as shown on the Amended TOGETHER WITH the following described par- plat of Section 5-42-43 of the Intracoastal Water- cel: way, as recorded in Plat Book 17, Page 29, Public Begin at the Northeast corner of Lot 5, according Records of Palm Beach County, Florida; thence to the Plat of subdivision of Government Lot 8, South 07°-20'-49" East along said right-of--way Section 4, Township 42 South, Range 43 East, as line a distance of 166.93 feet to a point on the recorded in Plat Book 18, Page 4, in and for the South line of the North 165.00 feet of the South Supp. No. 12 6 CHARTER §3 half of the southeast quarter of the southeast 983 feet, more or less, to a point in the South line quarter of said Section 5; thence North 88°-37'- of said Southwest Quarter of Section 17; thence 59" West along said South line a distance of Easterly, along said South line, a distance of 1096 615.50 feet to the southwest corner of the North feet, more or less, to said Southeast corner of the 165.00 feet of the South half of the southeast Southwest Quarter and the Point of Beginning. quarter of the southeast quarter of said Section 5, (Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95, said point lying on the East line of said Plat of 2-9-95; Ord. No. 24-96, 7-11-96; Ord. No. 33-96, Harbour Point Marina; thence North 00°-17'-18" 8-22-96) West along said plat line and the West line of the North 165.00 feet of the South half of the south- east quarter of the southeast quarter of said ARTICLE III. LEGISLATIiTE Section 5 a distance of 165.07 feet to the POINT OF BEGINNING. Section 1. Village coaxncil; powers and coffi- position. TOGETHER WITH the following described par- There shall be a village council with all legisla- cel: five powers of the village vested therein consist- Aparcel of land lying in the Southwest Quarter of ing of five (5) members who shall be electors of the Section 17, Township 42 South, Range 43 East, village, who shall be elected by the electors of the Palm Beach County, Florida, being more particu- village. laxly described as follows: (Ord. No. 1-76, § 1, 2-19-76) Begin at the Southeast corner of said Southwest Section 2. Election and terms. Quarter of Section 17; thence Northerly, along the On the second Tuesday in March of each year a North-South quarter section line of said Section general election shall be held to elect members of 17, a distance of 1748.3 feet, more or less, to a the village council. The selection of members of point on the Easterly prolongation of the North the village council shall be by groups to be known line of Lot 29, according to the Plat of Kelsey as Groups 1, 2, 3, 4 and 5. The councilmen in Acres, as recorded in Plat Book 22, Page 16, Groups 1, 3 and 5 shall be elected in the even Public Records of Palm Beach County, Florida; thence Westerly, along said prolongation and the -Years and councilmen in Groups 2 and 4 shall be North line of Lot 16 and Lots 18 through 29, a elected in the odd years. The term of office of a distance of 1446.5 feet more or less, to a point on councilman shall commence upon his election and the Easterly right of way line of State Road qualification and shall continue for two (2) years Alternate A-1-A, as recorded in Road Plat Book 6, thereafter and until his successor is elected and Page 180, Public Records of Palm Beach County, qualified; provided, however, that the terms of Florida; thence Southerly along said Easterly office of those councilmen whose terms expire in right of way line, a distance of 889.3 feet to a March of 1981 and March of 1982 shall be short- point; thence Westerly, at right angles to the ened by a period of one week. preceding course, a distance of 106 feet to a point (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1, on the Westerly right of way line of said State 10-9-80) Road Alternate A-1-A; thence Northerly, along .Section 3. Mayor. said right of way line, a distance of 100.00 feet, more or less, to a point in the South line of that The council shall elect from .among its members certain parcel described in Official Record Book a .mayor, a vice mayor, and a president pro tem to 2865, Page 1178, Public Records of Palm Beach serve at the pleasure of the council. Election of County, Florida; thence Westerly, along said South the mayor, vice mayor and president pro tem shall line, a distance of 282.8 feet, more or less, to a be done annually at the first (1st) regular council point in the Easterly right of way line of the meeting after the village election. The mayor Florida East Coast Railroad; thence Southerly, shall preside at meetings of the council, shall be along said Easterly right of way line, a distance of recognized as head of village government for all Supp. No. 12 6.1 § 3 NORTH PALM BEACH CODE ceremonial purposes, by the governor for pur- poses of military law, for service of process, exe- . cution of contracts, deeds and other documents, and as the village official designated to represent the village in all agreements with other govern- mental entities or certifications to other govern- mental entities, but shall have no administrative duties except as required to carry out the respon- sibilities herein. The vice mayor shall act as mayor during the absence or disability of the mayor. The president pro tem shall preside at council meetings in the absence of the mayor and -vice mayor. The mayor shall have power, for sufficient cause, to suspend any Village officer or. official appointed by the council. In case of the suspension of any such person,. the mayor shall, within fifteen (15) days thereafter, deliver to the village clerk, or his deputy, a specification in writing of the charges preferred to the o$icer suspended; and it shall be the duty of said clerk to present such charges to the council at its next meeting following the receipt. of such charges by him. Thereafter the council shall proceed to hear and determine the j said charges after reasonable notice of such hear- ing to the suspended officer, who shall be Supp. No. 12 6.2 it -_ I CI3A~t,~`E~t, COl~'IPAR,ATIVE TABLE . Chapter Disposition Number Section ArticlelSection 31481 (1956) Art. I I 73-564 1 II 1 Ordinance Disposition Number Date Section ArticlelSection 29-80 10- 9-80 1 III 2 i1-86 9-11-86 1 III 11 03-95 2- 9-95 II 1 24-96 7-11-96 II 1 33-96 8-22-96 II 1 [The next page is 77] Supp. No. 12 65 l ADMINISTRATION ~ § 2-4 ARTICLE I. III GENERAL mine the amount of money to be raised by taxa- tion in the village for the following fiscal year and Sec. 2-1. Committee and boards. shall also make separate and several appropria- tions for the payment of all necessary operating (a) No person may be a member of any board expenses of the village and for the payment of created by the village council to advise the village interest and principal of any indebtedness of the council on any matter unless such person shall be village, and to set forth an estimate of all income and remain a resident of the village during the from all sources whatsoever which shall be re- term of office. ceived by the village. (b) Any person who, when appointed to any (c) Before final passage of the budget ordi- such advisory board is a resident of the village but nance, the village clerk shall cause the same as who later terminates such residency, shall, imme- introduced to be posted at the village hall and in diately upon termination of residency, be deemed at least one (1) other conspicuous place in the to be no longer a member of such advisory board village. At those places the village clerk shall post and shall have no right or privilege to vote or a notice stating the time and place the budget will , participate in matters of such board. _ be acted on finally and shall also state in such (c) Any person who, within the term- of his notice that the estimate of the village manager appointment to the board, is absent from any upon which the budget is based is on file for three (3) regularly scheduled meetings of the ~ inspection of the public at the office of the village board without such absence being excused by clerk. The budget ordinance shall not be passed affirmative action of the board shall- automati- by the council until twelve (12) days after such cally be deemed to no longer be a member of such Posting, but not later than September 30. advisory board and shall have no right or privi- (Ch. 31481 (1956), Laws of Fla., Art. VII, § 3; Ch. lege to vote or participate in matters of such 65-1969, Laws of Fla., § 5; Ord. No. 21-76, § 1, board. The chairman of the board shall advise the 10-14-76; Ord. No. 15-77, 1, 2, 8-25-77) village council when any member falls Within the Charter reference-Provisions of former charter not em- braced in or inconsistent with 1976 revision continued in purview of this subsection. effect as ordinances, Art. VI, § 1. (Code 1970, § 2-18) Sec. 2-3. Adjournment of meetings of boards Sec. 2-2. Budget procedures. and commissions. (a) The village manager shall prepare and sub- ~ regular meetings, special meetings and work- - mit to the members of the council, at least forty- shop meetings for village boards and commissions five (45) days prior to the first regular meeting of shall be adjourned on or before 11:00 p.m. on the the council in September of each year, a budget date when the meeting convened. for the operation of the village government during (Ord. No. 21-95, § 1, 7-27-95) the next fiscal year, including an estimate of the revenues and expenditures in such forms as to Sec. 2-4. Allowable investment activity for afford the council a comprehensive understand- ing of the needs and requirements of the various village funds. divisions of the village government for the ensu- The Village Council of the Village of North ing year. Sufficient copies of this budget shall be palm Beach, Florida, does hereby set forth the prepared so, that there shall be at least three (3) allowable instruments in which the village may copies on file in the office of the village clerk. invest its funds: (b) The council is hereby authorized and em- (1) The Local Government Surplus Funds Trust powered to prepare. and adopt a budget for each Fund, or any Intergovernmental invest- fiscal year by ordinance to be introduced at the went pool authorized pursuant to the Flor- first regular meeting of the council in September ids Interlocal Cooperation Act, as provided of each year, which ordinance shall fix and deter- in Section 163.01 of the Florida Statutes. Supp. No. 12 135 § 2-4 NORTH PALM BEACH CODE (2) Securities and Exchange Commission reg- Sec. 2-18. Same-Presiding officer. istered money market funds with the high- est credit quality rating from a nationally (a) The mayor shall preside at all meetings, if present, and in his absence, the vice-mayor. In the recognized rating agency. absence of both the mayor and vice-mayor, the (3) Saving accounts in state-certified qualified president pro tem shall preside. public depositories, as defined in Section 280.02 of the Florida Statutes. (b) The presiding officer shall preserve order and decorum. He shall appoint all committees (4) Certificates of deposit in state-certified qual- unless the council shall otherwise direct. ified public depositories, as defined in Sec- tion 280.02 of the Florida Statutes. (c) Terms of.mayor. No person may serve more than one-year term as mayor of the village. A (5) Direct obligations of the U.S. Treasury.- person who served as mayor of the village for one (6) Federal agencies and instrumentalities. (1) term shall not serve as mayor during the . following council year, but beginning one (1) year The securities listed in paragraphs (3), (4), (5) after termination of his one-year term as mayor of and (6) above shall be invested to match invest- the village, he may again serve as mayor for a went maturities with known cash needs and period not to exceed one (1) year. anticipated cash-flow requirements. (Code 1970,_ § 2-9; Ord. No. 218-70, § 1; Ord. No. (Ord. No. 31-95, § 1, 10-26-96) 8-82, § 1, 4-22-82) Editor's note-Ord. No. 31-95, adopted Oct. 26, 1996, has been codified herein at the discretion of the editor as § 2-4. Sec. 2.19. Adjo~'~**~ent of all meetings. .All regular meetings, special meetings and work- Secs. 2-5-2-15. Reserved. shop meetings for the village council shall be adjourned on or before 11:00 p.m. on the date when the meeting convened. In the event there is pending business on the floor at 11:00'p.m. during ARTICLE II. COUNCIL* one (1) of the .meetings, the chair shall at that time entertain a motion that the meeting. be reconvened at a time and date certain, but upon DIVISION 1. GENERALLY failure of the council to agree upon such motion, the meeting shall be adjourned and the business Sec. 2-16. Compensation. pending at the time. of adjournment shall. be the first item on the agenda of the next meeting of the The compensation of all members elected to the village council pertaining thereto. village council is hereby fixed at the sum of three (Ord. No, 24-79, § 1, 11-8-79) hundred dollars ($300.00) per month. _ (Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; Secs. 2-20-2-25. Reserved. Ord. No. 2-88, § T, 1-14-88) Charter reference-Compensation, Art. III, § 4. DIVISION 2, RULES OF PROCEDUREfi Sec. 2-17. Regular meetings-When held. Sec. 2-26. Order of business. The regular meetings of the village council The following order shall be observed in the transaction of business but such order may be i~ shall beheld on the second and fourth Thursdays varied by unanimous consent of the- councilmen of each month. (Code 1970, § 2-8) present: Charter reference-Meetings procedure, Art. III, § 9(a). (1) ROll Call; *Charterr~ference-Legislative provisions generally, Art. 1'Charter reference-Authority to determine rules of pro- III, cedure, Art. III, § 9(b). Supp. No. 12 136 ADMINISTRATION § 2-41 (2) Invocation; (2) Department of public safety, director of (3) Pledge of allegiance; public safety. (4) Approval of minutes; (3) Department of public services, director of public services. (5) Report of mayor; (4) Department of recreation, director of recre- (6) Statements from the public; ation. (7) Petitions and communications; (5) Department of library, librarian. (8) Reports of special committees and recom- (6) Department of country club, country club mendations of advisory boards; director. (9) Village manager's report; (b) In addition, there shall be a department of (10) Declaration of Ex Parte Communications; records headed by the village clerk and adepart- (11) Ordinances; ment of treasury headed by the village treasurer under the village council, which departments (12) Resolutions; shall be coordinated into the administrative ser- (13) Miscellaneous business; vice and cooperate with the administrator so as to coordinate the entire administrative service of the (14) Adjournment. village. (Code 1970, § 2-17; Ord. ~No. 6-74, § 1; Ord. No. (Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75) 22-96, § 1, 6-13-96) Crow references-Country club, Ch. 9; library, Ch. 16; parks, playgrounds and recreation, Ch. 20; police, Ch. 23; .4'eC. 2-27. Parliamentary roles. streets, sidewalks and public places, Ch. 24. The presiding officer, when the council is in Sec. 2-41. Oaths of office. session, shall enforce parliamentary rules for its government so far as they are applicable to such (a) Persons required to take oath of office. Each legislative body. of the following officers and employees in the (Code 1970, § 2-19) administrative service shall be required to take an oath of office before entering upon the dis- Secs. 2-88-2-3~. Reserved. charge of his duties, which oath shall be sub- scribed by the person taking it and shall be filed ARTICLE III. ADMINISTRATIVE CODE and preserved in the office of the village clerk: (1) Officers. The village manager and each DIVISION 1. GENERALLY department head. (2) Public safety officers. Every member of the Sec. 2-39. Definition. department of public safety (including any private, special, temporary or substitute As used in this article, unless the context other- policemen which the village might find it wise requires: necessary to appoint). Chief administrator or administrator is the (b) Form of oath for the chief administrator and village manager. officers. The following shall be the form of oath for (Code 1970, § 2-31) the chief administrator and officers: Sec. 2-40. Departmental organization. State of Florida ) (a) The administrative service of the village County of Palm Beach ) ss. shall be divided under the administrator into the Village of North Palm Beach ) following departments and heads thereof: I, , do solemnly swear (1) Department of finance, director of finance. that I will support the Constitution of the Supp. No. 12 137 § 2-41 NORTH PALM BEACH CODE _ United States, the Constitution of the State of and for the proper application and payment of all Florida, and the Charter and Code of the Val- money or property coming into their hands by lage of North Palm Beach; that I will faithfully, virtue of their offices in the following amounts: honestly and impartially discharge my duties as during my continu- (1) Village manager, two hundred thousand ante therein; that I am not directly or indirectly dollars ($200,000.00). pecuniarily interested in any public service (2) Village treasurer, two hundred thousand corporation engaged in business in the Village dollars ($200,000.00). of North Palm Beach, or in or with any person (3) Village clerk, ten thousand dollars or corporation having contracts with said Vil- lage, so help me God. {$10;000.00). (4) Village tax collector, two hundred thousand dollars ($200,000.00). Subscribed and sworn to before me this (5) Country club manager or country club ad- day of , 19 ministrator, two hundred thousand dollars (c) Form of oath for members of department of ($200,000.00). public safety. The following shall be the form of (Code-1970, § 2-34; Ord. No. 23-96, § 1, 6-13-96) oath for the members of the department of public safety: Sec. 2-43. Policy and procedures. State of Florida ) County of Palm Beach ) ss. (a) Officers. Each officer shall perform all du- Village of North Palm Beach. ) ties required of his office by state law, the charter, the Code of the village, and such other duties not I, , do solemnly swear in conflict therewith as may be required by the that I will support the Constitution of the village manager. United States, the Constitution of the State of Florida and the Charter and Code of the Village (b) Department heads. The heads of depart- ' of North Palm Beach; and that I will, to the best ments shall: of my ability, faithfully perform the duties of the office of Public Safety Officer during my (1) Responsibility to administrator. Be imme- diately responsible to the village manager continuance therein, so help me God. for the effective administration of their respective departments and all activities assigned. thereto, except as provided in Subscribed and sworn to before me this section 2-40. day of , 19 (2) Inaugurate sound practices. Keep informed. as to the latest practices in their particular Notary Public field. and shall inaugurate, with the ap- proval of the village manager, such new (Code 1970, § 2-33) practices as appear to be of benefit to the service and to the public. i~ Sec. 2-42. Bonds required. of certain officers. (3) Report to village manager. Submit monthly The following named village officials shall each, and annual reports of the activities of his before entering upon the duties of their respective department to the village manager. offices, give a good and sufficient surety company (4) Maintain records. Establish and maintain bond to the village, duly approved by the village a system of filing and indexing records and attorne and condi i - y, toned upon the faithful per reports m sufficient detail to furnish all formance and discharge of their respective duties, information necessary for proper control of Supp. No. 12 138 i ADMINISTRATION § 2-51 departmental activities and to form a basis for the. periodic reports to the village man- ager. (5) Authority over employees. have power, when _ authorized by the village manager, to ap- point and remove, subject to personnel pol- icy regulations for personnel, all subordi- nates under him. - _ (6) Maintain equipment. Be responsible for the proper maintenance of all village property and equipment used in his department. (c) Departments. Each department shall fur- nish, upon the direction of the village manager, any other department such service, labor and materials as may be requisitioned by the head of such department, and as its own facilities permit, through the same procedure and subject to the same audit and control as other expenditures are incurred. (Code 1970, § 2-35) Secs. 2-44-2-50. Reserved. DIVISION 2. DEPARTMENT OF TREASURY Sec. 2-51. measurer's dutaes. In all cases where the duty is not expressly charged to any other department or office, it shall be the duty of the treasurer to act to promote, secure and preserve the financial and property interests of the village. The treasurer shall: (1) Fiscal supervision over officers. Exercise general supervision over all officers of the village regarding the proper management of the fiscal concerns of their respective offices. (2) Examine books. Examine the books of each department, from time to time, and see that they are kept in proper form. (3) Report delinquent payments and financial reports. See that officers receiving money pay the same into the village treasury, Supp. No. 12 138.1 . ADMINISTRATION § 2-138 within sixty (60) days of his appointment and ARTICLE V PENSIONS AND retain village residence during his period of ap- RETIREMENT SYSTEMS pointment. (Code 1970, § 2-26) DIVISION 1. GENERALLY Sec. 2-116. Removal. Secs. 2-129-2-135. Reserved. The village council may remove the village DIVISION 2. SOCIAL, SECURITY* manager at any-time by a majority vote of the members. In the event the village manager is removed from office by the village council without Sec. 2-136. Declaration of policy. good cause during a time that the village manager It is hereby declared- to be the policy and is willing and able to perform his duties, then, in purpose of the village to extend, effective as of that event, the village shall pay the village man- October 1, 1956, to the employees and officials ager a lump sum cash payment equal to one (1) thereof, not excluded by law, nor excepted herein, month's salary after a village manager has served the benefits of the system of old-age and survivors the village for at least twelve (12) months and insurance as authorized by the Federal Social shall pay him two (2) months' salary after a Security Act and amendments thereto, and by village manager has served the village for at least F.S. chapter 650, as amended; and to cover by two (2) years, and shall pay the village manager such plan all services which constitute employ- three (3) months' salary after a village manager went as defined in F.S. section 650.02, performed has served the village for three (3) years or more, in the employ of the village by employees and with the payment never to exceed three (3) months' officials thereof, except elected officials and ex- aggregate salary, and such payment shall relieve cept part-time employees. the village of all obligations to the manager. (Code 1970, § 26-11) (Code 1970, § 2-26; Ord. No. 11-89, § 1, 5-25-89) Sec. 2-137. Exclusions from coverage. Sec. 2-117. Bond. There is hereby excluded from this article any authority to .include in any agreement entered The village manager shall furnish a surety into under section 2-138 of this article any ser- bond to be approved by the council, such bond to vice, position, employee, or official covered as of be conditioned on the faithful performance of his February 11, 1957, by or eligible to be covered by duties. The premium of the bond shall be paid by a then existing retirement system. the village. (Code 1970, § 26-12) (Code 1970, § 2-28) Sec. 2-138. Agreeffient authorized. The mayor is hereby authorized and directed to Secs. 2-118-2-121. Reserved. execute all necessary agreements and amend- . ments thereto with the division of retirement of the department of administration, as state agency, Secs. 2-122, 2-123. Reserved. for the purpose of extending the benefits provided Editor's note-Ord. No. 15-80, § 3, adopted July 24, 1980, by the federal system. of old-age and survivors repealed 2-122 and 2-123, relative to the appointment and Insurance t0 the employees and OffiCIa1S of the duties of the assistant village manager, respectively. Such village as provided in section 2-136, which agree- sections formerly derived from Ord. No. 5-79, § 2, adopted ment shall provide for such methods of adminis- Mar. s, 199. tration of the plan by the village as are found by *State law reference-Social security for public employ- Secs. 2-124-2-128. Reserved. ees, F.S. Ch. 650. Supp. No. 12 143 § 2-138 NORTH PALM BEACH CODE the state agency to be necessary and proper, and (b) The village clerk is hereby made the with- shall be effective with respect to services in em- holding and reporting agent and charged with the ployment covered by such agreement performed duty of maintaining personnel records for the on and after the first day of October, 1956. purpose of this division. (Code 1970, § 26-13) (Code 1970, § 26-17) Sec. 2-143. Social Security Act adopted. Sec. 2-139. Withholding fr®m wages. The village does hereby adopt the terms., condi- Withholdings from salaries, wages, or other tions, requirements, reservations, benefits, privi- .compensation of employees and officials for the leges and other conditions thereunto appertain- purpose provided in section 2-136 are hereby Wig, of title II ofthe Social SecurityAct as amended, authorized to be made, and shall be made, in the for and on behalf of all officers and employees of amounts and at such times as may be required by its departments and agencies to be covered under applicable state or federal laws or regulations, the agreement. (Code 1970, § 26-18) and shall be paid over t0 the state agency deslg- Editor's note-Title II of the Social Security Act is found nated by law or regulations to receive such in the United States Code (and United States Code Annotat- amounts. ed), Title 42, 40125. (Code 1970, § 26-14) Secs. 2-144, 2-145. Reserved. Sec. 2-140. Appropriations by village. DIVISION 3. PENSION AND CERTAIN There shall be appropriated from. available funds, OTHER BENEFITS FOR GENERAL derived from the general fund, such amounts, at EMPLOYEES* such times, as may be required to pay promptly the contributions and assessments required of the Sec. 2-146. Definitions. village as employer by applicable state or federal As used herein, unless otherwise defined or laws or regulations, which shall be paid over to required by the context, the following words and the lawfully designated state agency at the times phrases shall have the meaning indicated: and in the manner provided by law and regula- Accrued benefit is the benefit earned to date tion. (Code 1970, § 26-15) using the normal retirement benefit. - Actuarial equivalence or actuarially equivalent Sec. 2-141. Records and reports. means that any benefit payable under the terms of this plan in a form other than the normal form The village shall keep such records and make of benefit shall have the same actuarial present such reports as may be required by applicable value on the date payment commences as the state or federal laws or regulations, and shall normal. form of benefit. For purposes of establish- ing the actuarial present value of any form of adhere to the regulations of the state agency. payment, other than a lump sum distribution, all (Code 1970, § 26-16) future payments shall be discounted for interest *Editor'a note-Section 13 of Ord. No. 1-83, adopted Jan. Sec. 2-142. Withholding and reporting agent. 13, 1983, repealed Ord. No. 10-82, adopted June 10, 1982, from which ordinance 2-146-2-156 formerly derived. At i (a) The village treasurer is hereby designated the discretion of the editor, 1-11 of Ord. No. 1-83 have been the Custodian of all Sums withheld from the .codified as herein set out in 2-146-2-156. All funds and compensation of officers and employees and of the assets from the former system, as set out by Ord. No. 10-82, are transferred to this system, as set out by Ord. No. 1-83, and appropriated funds for the contribution of the all rights and benefits of members in that system will be village pursuant to this division. credited to and maintained by this fund. Supp. No. 12 144 i I ADMINISTRATION § 2-147 and mortality by using eight (8) percent interest twenty (120) consecutive months of service imme- and the 1983 group annuity mortality table for diately preceding the retirement or termination of males with ages set ahead five (5) years in the a member. case of disability retirees. In the case of a lump Fund means the trust fund established herein sum distribution, the actuarial present value shall as part of the system. be determined on the basis of the same mortality rates as just described and the pension benefit Member means an actively employed full-time guaranty corporation's interest rates for terminat- employee who fulfills the prescribed participation ing single employer plans which rates are in effect requirements, after twelve (12) months employ- on the October 1 immediately preceding the went and will become a participant on the Octo- member's date of termination. ber 1 of the next following .year. Agreement means the written ordinance from Spouse means the .lawful wife or husband of a which this division derived, setting forth the member at the time of.preretirement death or provisions of the retirement- system. retirement. Beneficiary means the persons or persons enti- System means the Village of North Palm Beach tied to receive benefits hereunder and who has or general retirement fund as contained herein and have been designated as such in writing by the all amendments thereto. member- and filed with the board. If no such (Ord. No. 1-83, § 1, 1-13-83; Ord. No. 13-83, § 1, designation is in effect at the time of death of the 9-8-83; Ord. No. 36-90, § 1, 10-25-90; Ord. No. member, or if no such person so designated is 9-94, § 1, 6-9-94; Ord. No..12-96, § 1, 3-28-96) living at that time, the beneficiary shall be the Cross reference-Definitions and rules of construction estate of the member. generally, § 1-2. Board means the board of retirement, which Sec. 2147. Membership. shall administer and manage the system herein provided and serve as trustees of the fund. ~ (a) Conditions of eligibility. All employees as of the effective date and all future new employees, Credited service means the total number of except members of the fire.department and police years and fractional parts of years of actual department, shall become members of this system . service with the village and shall apply to an as a condition of employment. employee whose employment is terminated with the village and who recommences full-time em- (b) Application for membership. Each current ployment within two (2) years from the date of and future eligible employee shall complete an termination. application form covering items set forth below, and provide other information, as may be pre- Earnings means gross salary, (including over- scribed by the board. time) but excluding bonuses or any other (1) Acceptance of the terms and conditions of nonregular payments such as unused sick leave the retirement system. and vacation time pay. (2) Designation of a beneficiary or beneficia- Effectiue date means the date on which this Ties. division becomes effective [January 13, 1983]. Plan year is from October 1 to September 30. (3) A certified statement as to prior medical history. Employee shall mean any actively employed (4) A written release allowing distribution of full-time general employees of the village, except all medical records to the. board. firemen and policemen. For the purposes of all benefits hereunder, an Final average earnings means the arithmetic application for membership shall be considered to average of the twelve (12) months earnings for the have been in effect from date of employment, even highest sixty (60) months of the one hundred though officially accepted and approved by the Supp. No. 12 144.1 § 2-147 NORTH PALM BEACH CODE _ board at a later date. Failure to complete an monthly benefit otherwise payable to the partici- application within ninety (90)-days of employ- pant at his normal retirement date increased by ment and written notice of this agreement shall using the benefit formula for normal retirement constitute a deliberate choice to be excluded from together with consideration of his additional years the system. or fractional parts of years of credited service and final average earnings. (c) Change in designation of beneficiary. Amem- ber may, from time to time, change his designated (d) Early retirement. A member may retire af- beneficiary without approval by the board of ter age fifty-five (55) and shall receive vested trustees or previous beneficiary by written notice accrued benefit. If a member does retire early, his to the board upon forms provided by the board. or her pension shall be actuarially reduced for Upon such change, the rights of all previously early retirement. designated beneficiaries to receive any benefits under the system shall cease. (e) Preretirement death. (Ord. No. 1-83, § 2, 1-13-83) (1) If a participant who is no longer an em- ployee of the village dies prior to the nor- ~ec. 2-148. Benefit amounts and eli~*ibility. mal retirement date and has attained age (a) Retirement date. A member's normal retire- fifty-five (55) and had five (5) years of went date shall be the first day of the month credited service, a pension benefit of fifty (50) percent of the amount the participant coincident with, or next following, attainment of would have been entitled to, actuarially his or her sixty-fifth birthday and the completion reduced for early retirement, shall be paid of nine (9) full years of service with the village. A to the surviving beneficiary for as long as member may retire on his or her normal retire- the beneficiary shall live. Such amount ment date or on the first day of any month shall be based on the amount payable un- thereafter, and each member shall become one der the fifty (50) percent joint and survivor hundred (100) percent vested in his or her ac- option, reduced actuarially to the age of the trued benefit on his normal retirement date. The beneficiary. normal retirement date described above shall apply only to members who are hired as general (2) If a member dies prior to the normal retire- employees from and after the effective date of this went date and is then employed by the ordinance. village and has five (5) years of credited service, such member regardless of age The normal retirement date for a member who shall receive pension benefits as set forth was a general employee of the village prior to the in subsection (3). effective date of this ordinance shall be the first day of the month coincident with, or next follow- (3) The members specified in subsection (2) ing, attainment of his or her sixty-fifth birthday. above shall receive a benefit equal to the member's vested accrued pension as com- (b) Retirement benefit. Amember retiring here- puted under section 2-148(b) and shall be under on or after his normal retirement date shall payable to the designated beneficiary in receive a monthly benefit which shall commence equal, consecutive monthlyinstalhnents over on his retirement date and be continued thereaf- ten (10) years. The benefit payment speci- ter during his lifetime, ceasing upon death. The fled herein shall. commence upon death of member's annual pension benefit shall equal two the plan member and approval of the pen- (2)percent of final average earnings multiplied by sion board. the member's credited service for the first twenty (20) years of credited service and one (1) percent (fl Termination of employment. A participant for each year of credited service thereafter. who terminates his employment for reason other than death or retirement shall be entitled to a (c) Late retirement. A participant who retires deferred monthly retirement benefit commencing after his normal retirement date shall be paid the at his normal retirement date equal to the prod- Supp. No. 12 144.2 i ADMINISTRATION § 2-148 uct of his vested percentage, as determined from the following schedule, .and his accrued benefit: Credited Service Vested Percentage Less than 5 0 5 but less than 7 50 7 but less than 9 75 9 or more 100 Supp. No. 12 144.3 ADMINISTRATION § 2-158 distribution that is one of a series of sub- plan within said thirty (30) day period shall stantially equal periodic payments (not less continue to be covered under the existing benefit frequently than annually) made for the life plan for general employees. , (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the (b) Retirement date. A member's normal retire- distributee and the distributee's desig- merit date -shall be the first day of the month nated beneficiary or for a specified period coincident with, or next following, attainment of of ten (10) years or more; any distribution his or her sixtieth birthday and the completion of to the extent such distribution is required nine (9) full years of service with the Village. A under section 401(a)(9) of the Code; and the member may retire on his or her normal retire- portion of any distribution that is not in- merit date or on the first day of any month cludable in gross income. thereafter, and each member shall become one hundred (100) percent vested in his or her ac- (b) Eligible retirement plan: An eligible retire- trued benefit on his normal retirement date. The merit plan is an individual retirement ac- normal retirement date described above shall count described in section 408(a) of the apply only to members who are hired as general Code, an individual retirement annuity de- employees from .and after the effective date of the scribed in section 408(b) of the Code, an ordinance from which this section derives. annuity plan described in section 403(a).of the Code, or a qualified trust described in The normal retirement date for a member who section 401(a) of the Code, that accepts the was a general employee of the village prior to the distributee's eligible rollover distribution. effective date of the ordinance from which this However, in the case of an eligible rollover section derives shall be the first day of the month distribution to the surviving spouse, an coincident with, or next following, attainment of eligible retirement plan is an individual his or her sixtieth birthday. retirement account or individual retire- ment annuity. (c) Retirement benefit. A member retiring here- under on or after his normal retirement date shall (c) Distributee: A distributee includes an em- receive a monthly benefit which shall commence ployee or former employee. In addition, the on his retirement date and be continued thereaf- employee's or former employee's surviving ter during his lifetime, ceasing upon death. The spouse is a distrbbutee with regard to the member's annual pension benefit shill equal two interest of the spouse. and one quarter (2~/4) percent of final average (d) Direct rollover: A direct rollover is a pay- earnings multiplied by the member's credited merit by the plan to the eligible retirement service for the first twenty (20) years of credited plan specified by the distributee. service and one (1) percent for each year of (Ord. No. 13-95, § 1, 3-23-95) credited service thereafter. (d) Member contributions. Sec. 2-158. ®ptional benefit plan. (1) Amount. Members of the plan shall make (a) Applicability to employees. The optional ben- regular contributions to the fund at a rate efit plan shall apply to all employees hired sub- equal to two (2) percent of their respective Sequent to the effective date of the ordinance from earnings. which this section derives and to all existing (2) Duration. The Village shall pick-up, rather employees of the Village at the effective date of than deduct from each member's pay, be- the ordinance from which this section derives who ginning with the date of employment, two elect in writing to be a part of this Optional (2) percent of the member's basic compen- Benefit Plan within .thirty (30) days from the sation. The monies so picked-up shall be effective date of this section. Existing employees deposited in the Fund on a monthly basis. of the Village at time of passage of this section An account record shall be maintained con- who do not elect to be covered under the optional tinuously for each member. Pick-up contri- Supp. No. 12 149 § 2-158 NORTH. PALM BEACH CODE F__: butions shall continue until death, disabil- (4) Guaranteed refund. All contributions made ity or termination of service, whichever by employees whose employment is termi- shall occur first. Contributions shall re- nated prior to vesting shall receive a re- main in the fund unless withdrawn as fund of all amounts contributed by the provided in the Plan. No member shall employee together with interest at a rate have the option to choose to receive the equal to the Consumer Price Index, pub= contributed amounts directly instead of hav- lished by the U.S. Bureau of Labor Statis- ing them paid by the village directly to the tics in effect during the year or years of plan. All such pick-up contributions by the employee contributions or seven (7) percent Village shall be .deemed and be considered per annum, whichever is less. as part of the member's accumulated .con- (e) The board shall have the power and author- tributions and subject to all provisions of ity to recommend an increase or decrease in the the Plan pertaining to accumulated contri- benefits payable hereunder, through the adoption butions of members. The intent of this of an amendment to this article but provided such provision is to comply with Section 414(h)(2) action is based on an actuarial review by an of the Internal Revenue Code. For paying enrolled actuary who is a member of the Society of Social Security taxes, and for such other Actuaries. purposes except as specified in this plan, the amount of employee contributions ~ Portions of Division 3, Pension and Cer- "picked-up" or paid by the village will be taro Other Benefits for General Employees, of added to the .amount distributed on a cur- Article V of Chapter 2 of the Code of Ordinances rent basis in order to determine total wages, that are not in conflict with this Section 2-158 salary, pay or compensation. In the event shall have full applicability to this Optional Ben- that the employer agrees to assume and efit Plan. pay.member contributions in lieu of direct (Ord. No. 12-96, § 2, 3-28-96; Ord. No. 28-96, § 1, contributions by the member, such contri- ?-25-96) butions shall accordingly be paid into the plan on behalf of the members. No member DIVISION 4. PENSION AND CERTAIN subject to such agreement shall have the OTHER BENEFITS FOR FIRE AND POLICE option of choosing to receive the contrib- EIVIPLOYEES* uted amounts directly instead of having them paid by the employer directly to the Sec. 2-259. I?efinitions. plan. All such contributions by the em- ~ used herein, unless otherwise defined or plover shall be deemed and. considered as required by the context the following words and part of the member's accumulated contri- phrases shall have the meaning indicated: butions and subject to all provisions of this plan pertaining to accumulated- contribu- Accrued benefit means the portion of a member's tioris of members. The intent of this lan- normal retirement benefit which is considered to guage is to comply with section 414(h)(2) of have accrued as of any date. A member's accrued the Internal Revenue Code. benefit as of any date shall be equal to two and (3) Interest. Interest. shall be credited to mem- one-half (2~/2) percent of his average monthly earnings multiplied by his. credited service, with a ber contributions as of September 30 of maximum benefit equal to sixty (60) percent of each year at a rate equal to the change in average monthly earnings. For purposes of this the consumer price index, published by the I.T.S. Bureau of Labor Statistics, over the *Editor's note-Ordinance No. 9-82, enacted June 10, twelve-month period ending on the previ- 19s2, did not expressly amend the Code; hence, codif cation of ous June 30. The maximum rate for an 1-11 as herein set out. in 2-I59-2-169 was at the y discretion of the editor. year shall be seven (7) percent and the Cross references-Fire division, § 12-29 et seq.; police, minimum rate shall be zero (0) percent. Ch. 2s. Supp. No. 12 150 ADMINISTRATION § 2-159 calculation, average monthly earnings and cred- writing by the member and filed with the board. If ited service as of the date of determination shall no such designation is in effect at the time of be used. The accrued benefit is considered to be death of the member, or if no person so designated payable in the plan's normal form commencing on is living at that time, the beneficiary shall be the the member's normal retirement date, with such estate of the member. date determined as through the member remains in full-time employment with the employer. Board means the board of trustees which shall administer and manage the plan herein provided Accumulated contributions means a member's and serve as trustee of the fund. own contributions plus interest credited thereto, if any, by the board. Credited service means the total number of years and fractional parts of years of service Actuarial equivalence or actuarially equivalent expressed as years and completed months, during means that any benefit payable under the terms which a person serves as an employee as defined of this plan in a form other than the normal form below, omitting intervening years and fractional of benefit shall have the same actuarial present parts of years, when such person may not be value on the date payment commences as the employed by the employer; provided, however, normal form of benefit. For purposes of establish- such person may have, without interrupting his ing the actuarial present value of any form of other years of credited service, up to one (1) year's payment, other than a lump sum distribution, all leave 'of absence. future payments shall be discounted for interest and mortality by using seven (7) percent interest Notwithstanding the foregoing, no employee will and the 1983 Group Annuity Mortality Table for receive credit for years or fractional parts of years Males, with ages set ahead five (5) years in the of service for which he has withdrawn his contri- case of disability retirees. In the case of a lump butioris to the pension fund for those years or sum distribution, the actuarial present value shall fractional parts of years of service unless he be determined on the basis of the same mortality repays into the pension fund the contributions he rates as just described and the Pension Benefit has withdrawn, with interest, within ninety (90) Guaranty Corporation's interest rates for termi- days after his reemployment, as provided in sec- nating single employer plans, which rates are in tion 2-160 below. effect: Further, an employee may voluntarily leave his (1) Ninety (90) days prior to the member's date contributions in the pension fund for a period of of termination if distribution is made within five (5) years after leaving the employ of the six (6) months of such date, or employer, pending the possibility of his being (2) Ninety (90) days prior to the distribution rehired, without losing credit for the time he has date if distribution is made more than six Participated actively as an employee. Should he (6) months after date of termination. not be reemployed within five (5) years, his con- tributions shall be returned to him without inter- Average monthly earnings means one-sixtieth est. of earnings of a member during the five (5) years of his employment within the.last ten (10) years of It is provided further that credited service shall employment, which is greater than the total dur- include any service, voluntary or involuntary, in ing any other five (5) years during the ten-year the armed forces of the United States, provided period; provided that if a member shall have been the employee is legally entitled to reemployment employed for fewer than five (5) years, such under the provisions of the Universal Training average shall be taken over the period of his and Service Act or any similar law; and provided actual employment. further that the employee shall apply for reem- ployment within the time and under the condi- Beneficiary means the person or persons enti- tions prescribed by law. For any person who tied to receive benefits hereunder at the death of becomes a member of the system on or after a member who has or have been designated in October 1, 1978, such military service shall not be Supp. No. 12 150.1 § 2-159 NORTH PALM BEACH CODE credited if he is receiving or will receive in the future a retirement benefit from the federal gov- ernment based in whole or in part on such mili- tary service. Early retirement date means for each member the first day of the month coincident. with or next following the date on which he attains his fiftieth (50th) birthday. Earnings means. a member's gross salary, in- cludingovertime, public safety pay increment and special pay, but excluding bonuses, such as lon- gevity, safety and attendance awards and any other nonregular payments such as unused sick leave or vacation time pay. Effective date means March 1, 1967, the date on which this plan initially became effective. The effective date of this restated plan is the date as of which the village council adopts the plan. Employee means. each actively employed full- time firefighter and police officer of the village. Employer means the V llage of North Palm Beach, Florida. Supp. No. 12 150.2 i I ADMINISTRATION § 2-163 this option. A member may elect to receive the amount of employee contributions a larger pension up to the date he begins "picked-up" or paid by the village will be receiving social security benefits. The added to the amount distributed on a cur- member's pension benefits may be reduced rent basis in order to determine total wages, or terminated after social security pay- salary, pay or compensation. In the event ments begin. The amount of reduction shall that the employer agrees to assume and be actuarially determined. pay member contributions in lieu of direct (4) Option 4-Other. In lieu of the other op- contributions by the member, such contri- tional forms enumerated in this section, butions shall accordingly be paid into the benefits may be paid in any form approved plan on behalf of the members. No member by the board so long as actuarial equiva- subject to such agreement shall have the lence with the benefits otherwise payable option of choosing to receive the contrib- is maintained. uted amounts directly instead of having (Ord. No. 9-32, § 4, 6-10-32; Ord. No. 1-92, § 4, them paid by the employer directly to the 2-13-92) plan. All such contributions by the em- ployer shall be deemed and considered as part of the member's accumulated contri- Sec. 2-~63. Contributions, butions and subject to all provisions of this (a) Member contributions. Plan pertaining to accumulated contribu- tions of members. The intent of this lan- (1) Amount. Members of the plan shall make guage is to comply with section 414(h)(2) of regular contributions to the fund at a rate the Internal Revenue Code. equal to two (2) percent of their respective (3) Interest. Interest shall be credited to mem- earnings. ber contributions as of September 30 of (2) Duration. The village shall pick-up, rather each year at a rate equal to the change in than deduct from each member's pay, be- the consumer price index, published by the ginning with the date of employment, two U.S. Bureau of Labor Statistics, over the (2) percent of the member's basic compen- twelve-month- period ending on the previ- sation. The monies so picked-up shall be ous June 30. The maximum rate for any deposited in the fund on a monthly basis. year shall be seven (7) percent and the An account record shall be maintained con- minimum rate shall be zero (0) percent. tinuously for each member. Pick-up contri- (4) Guaranteed refund. All benefits payable butions shall continue until death, disabil- under this plan are in lieu of a refund of ity or termination of service, whichever accumulated contributions. In any event, shall occur first. Contributions shall re- however, each member shall be guaranteed main in the fund unless withdrawn as the payment of benefits on his behalf at provided in the plan. No member shall least equal in total amount to his accumu- have the option to choose to receive the lated contributions. contributed amounts directly instead of hav- ing them paid by the village directly to the (b) State contributions. Any monies received or plan. All such pick-up contributions by the receivable by reason of the laws of the State of village shall be deemed and be considered Florida for the express purpose of funding and as part of the member's accumulated con- paying for the benefits of police officers or firefight- tributions and subject to all provisions of ers shall be deposited in the fund within the time the plan pertaining to accumulated contri- prescribed by law. Such monies shall be for the butions of members. The intent of this sole and exclusive use of members or may be used provision is to comply with Section 414(h)(2) to pay extra benefits for members. of the Internal Revenue Code. For paying Social Security taxes, and for such other (c) Employer contributions. So long as this plan purposes except as specified in this plan, is in effect, the employer shall make contributions Supp. No. 12 155 § 2-163 NORTH PALM BEACH CODE f,___ to the fund in an amount at least equal to the or hearings of the board. The trustees shall not difference in each year as between the aggregate receive any compensation as such, but may re- member and state contributions for the year and ceive expenses and per diem as provided by law. the total cost for the year as shown by the most recent actuarial valuation report for the system. (b) Forfeiture of membership on board for ab- The total cost for any year shall be defined as the senteeism. In the event a member of the board total of normal cost plus the additional amount shall fail to attend three (3) consecutive regular meetings of the board, such member shall be sufficient to amortize-the unfunded actuarial lia- bility in accordance with applicable laws of the State of Florida. The employer's contribution shall be deposited on at least a quarterly basis. (d) Forfeitures. Any forfeitures arising shall be applied to reduce future contributions to the plan. No forfeited amount shall be applied to change benefit amounts for members. (Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, 12-11-86; Ord. No. 1-92, § 5, 2-13-92; Ord. No. 30-95, § 4, 10-12-95; Ord. No. 29-96, § 1, 7-25-96) Sec. 2-164. Board of trustees-Generally. (a) Composition. The board of trustees shall consist of five (5) members: four (4) of whom shall be elected by a majority of the members of the plan. Two (2) of the elected members shall be certified firefighters of the village, and two (2} shall be certified police officers of the village. The fifth member of the board shall be a legal resident . of the village, and shall be appointed . by the village council. Each of the elected board mem- bers shall be appointed for a period of two (2) years, unless he sooner leaves the employment of the village or forfeits membership on the board, whereupon a successor shall be elected by a majority of the members of the plan. Each of the elected board members may succeed himself in office. The resident member shall be trustee for a term of two (2) years unless he forfeits member- ship on the board, and he may succeed himself in office. The resident member shall hold office at the pleasure of the village council. The fifth member shall have the same rights as each of the other four (4) members appointed or elected as herein rovided. The trustees shall b ma'orit P Y J Y vote elect from its members a chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, Supp. No. 12 156 --. ADMINISTRATION § 2-175 zoning and building control. The member- Sec. 2-17~. Enforceffient procedure. ship of the enforcement board shall, when- ever possible, include: (a) It shall be the duty of the code inspector to a. An architect; initiate enforcement proceedings of the various codes. b. A businessman; c. An engineer; (b) If a violation of the codes is found, the code inspector shall notify the violator, unless para- d. A general contractor; graph (c) of this section applies, and give the e. A subcontractor; violator a reasonable time to correct the violation. f. A realtor; Should the violation continue beyond the time specified for correction, the code inspector shall g. No particular profession. notify the enforcement board and .request a hear- (t) In order that the terms of office of all ing pursuant to the procedure in section 2-176. members will not expire at the same time, Written notice shall be hand delivered or mailed the initial appointments to the enforce- to the violator as provided in section 2-181. At the ment board shall be as follows: option of the code enforcement board, notice may a. Two (2) members shall be appointed additionally be served by publication or posting as for a term of one (1) year; provided in section 2-181. If the violation is cor- rected and~then recurs or if the violation is not b. Three (3) members shall be appointed corrected by the time specified for correction by for a term of two (2) years; the code inspector, the case may be presented to c. Two (2) members shall be appointed the enforcement board even if the violation has for a term of three (3) years. been corrected prior to the board hearing, and the notice shall so state. Thereafter, all appointments shall be made for a term of three (3) years. Appointments to fill any (c) If the code inspector has reason to believe a vacancy on the enforcement board shall be for the violation or the condition causing the violation. . remainder of the unexpired term of office. If any presents a serious threat to the public health, member fails to attend two (2) of three (3) succes- safety, and welfare or if the violation is irrepara- sive meetings without cause and without prior ble or irreversible in .nature, the code inspector approval of the chairman, the board shall declare shall make a reasonable effort to notify the viola- the member's office vacant and the village council for and may immediately notify the enforcement shall promptly fill such vacancy. The members board and request a hearing. shall serve at the pleasure of the village council. (b) Officers; quorum; compensation. The mem- (d) If a repeat violation is found, the code bens of the enforcement board shall elect achair- inspector shall notify the violator, but is not man from among its members who shall be a required to give the violator a reasonable time to voting member. The presence of four (4) or more correct the violation. The code inspector, upon members, shall constitute a quorum of the enforce- notifying the violator of a repeat violation, shall went board. Members shall serve without coin- notify the code enforcement board and request a pensation, but maybe reimbursed for such travel hearing pursuant to the procedure in section expenses, mileage expenses, and per diem ex- 2-176. The case may be presented to the code penses as may be authorized by the village coon- enforcement board even if the repeat violation cil. has been corrected prior to the board hearing, and the notice shall so state. Written notice, with a (c) Attorney. The village attorney shall be coon- scheduled hearing, shall be provided pursuant to ' sel to the code enforcement board. section 2-181. (Ord. No. 19-79, § 4, 9-27-79; Ord. No. 9-80, § 5, (Ord. No. 19-79, § 5, 9-27-79; Ord. No. 9-80, § 6, 4-24-80; Ord. No. 16-$2, Art. III, 9-9-82; Ord. No. 4-24-80; Ord. No. 8-90, § 4, 4-12-90; Ord. No. 8-90, § 3, 4-12-90; Ord. No. 17-91, § 1, 4-25-91) 18-96, § 1, 5-9-96) Supp. No. 12 161 § 2-176 NORTH PALM BEACH CODE Sec. 2-176. Conduct of hearing. tions specified in section 2-178, the cost of repairs (a) The chairman of the enforcement board maybe included along with the fine if the order is may call hearings of the enforcement board and not complied with by said date. hearings may also be called by written notice (Ord. No. 19-79, § 6, 9-27-79; Ord. No. 9-80, § 7, signed by at least three (3) members of the 4-24-80; Ord. No. 16-82, Art. N, 9-9-82; Ord. No. 19-85, § 1, 10-24-85; Ord. No. 18-96, § 2, 5-9-96) . enforcement board. The enforcement board, at any hearing, may set a future hearing date. The enforcement board shall attempt to convene no Sec. 2-177. Powers of the enforcement board. less frequently than once every two (2) months, but yet meet more or less often as the demand The enforcement board shall have the power to: necessitates. Minutes shall be kept of all hearings (1) Adopt. rules for the .conduct of its hearings. by the enforcement board and all hearings- and The chairman of the enforcement board proceedings shall be open to the public. The hearing shall advise the alleged violator of village clerk shall provide clerical and adminis- the Code section of which he is accused, trative personnel as may be reasonably required- and shall first seek to determine if the by the enforcement board for the proper perfor- alleged violator pleads guilty or innocent to mance of its duties. such charge.. If the alleged violator admits (b) Each case before the enforcement board guilt, then the board shall hear such testi- shall bepresented by the V'illage's administrative mony and evidence as it deems necessary staff. If the local governing body prevails in pros- to remedy the violation or punish the of- ecuting acase before the enforcement board, it fender. If the alleged violator states he is shall be entitled to recover all costs incurred in not guilty of violating the village Code prosecuting the case before the board and such (section] in question, then the board shall costs may be included in the lien authorized hear first from the village, village wit- under section 2-178. nesses and evidence, and the alleged viola- - for shall have the right to cross examine (c) The enforcement board shall proceed to village witnesses. At the close of the pre- hear the cases on the agenda for that day. All sentation of the village's case against the testimony shall be under oath and shall be re- alleged violator, the alleged violator shall corded. The enforcement board shall take testi- be permitted to present his evidence, testi- mony from the code inspector and alleged violator mony of the other witnesses and his own and from any witness called on behalf of either testimony in defense. The village shall have the village or the alleged violator. Formal rules of the right to cross examine the alleged vio- evidence shall not apply; however, fundamental lator and his witnesses. The burden of due process shall be observed and govern said proving the alleged violation of the village proceedings. Both the .village and the alleged Code as described above shall be on the violator shall have the right to subpoena witness village to prove by a preponderance of to testify at the hearing. evidence that the alleged violator is guilty (d) At the conclusion of the hearing, the en- of violating the Code section of which he is accused. forcement board shall issue findings of fact and conclusions of law and shall issue an order afford- (2) Subpoena alleged violators and witnesses ing the proper relief consistent with powers granted to its hearings. Subpoenas may be served herein. The endings shall be by motion approved by the village's police department. by a majority of those present and voting, except (3) Subpoena records, surveys, plats and other that at least four (4) members of the enforcement material. board must vote in order for the action to be official. The order ma include a notice that it (4) Take testimony under oath. Y I ified date and 5 Issue orders Navin the force of law com- must be complied with by a spec O g that a fine may be imposed and, under the condi- manding whatever steps are necessary to Supp. No. 12 162 i ADMINISTRATION § 2-178 bring a violation into compliance. A certi- the violator to pay a fine as hereinafter specified. fled copy of such order may be recorded in A fine imposed pursuant to this section shall not the public records of the county, and shall exceed two hundred fifty dollars ($250.00) per day constitute notice to any subsequent pur- for a first violation and shall not exceed five chasers, successors in interest or assigns, if hundred dollars ($500.00) per day for a repeat the violation concerns real property, and violation and, in addition, may include all costs of the findings therein shall be binding upon repairs pursuant to subsection (a). However, if a the violator, and, if the violation concerns code enforcement board finds the violation to be real property, any subsequent purchasers, irreparable or irreversible in nature, it may im- successors in interest or assigns. If the pose a fine not to exceed five thousand dollars order is recorded in the public records ($5,000.00) per violation. pursuant to this subsection and the order is complied with by the date specified in the (b) Determination of amount of fine. In deter- order, the enforcement board shall issue an mining the amount of the fine, if any, the enforce- order acknowledging compliance that shall went board shall consider the following factors: be recorded in the public records. Ahearing (1) The gravity of the violation; is not required to issue such an .order acknowledging compliance. (2) Any actions taken by the violator to correct (Ord. No. 19-79, § 7, 9-27-79; Ord. No. 9-80, § 8, the violation; and " 4-24-80; Ord. No. 8-90, § 5, 4-12-90; Ord. No. 4-91, (3) Any previous violations committed by the § 1, 2-28-91) violator. (c) Reduction of fine. The code enforcement dec. 2-178. Fines; liens. board may reduce a fine imposed pursuant to this section. A fine imposed pursuant to this article (a) Generally. The enforcement board, upon shall continue to accrue until the violator comes notification by the code inspector that a previous into compliance or until judgment is rendered in a order of the enforcement board has not been suit to foreclose on a lien filed pursuant to this complied with by the set time or, upon finding section, whichever occurs first. that the same violation has been repeated by the same violator, may order the violator to pay a fine (d) Copies of orders imposing fines. A certified in an amount specified in this section for each day copy of an order imposing a fine may be recorded the violation continues past the date set for com- in the public records and thereafter shall consti- pliance, or, in the case of a repeat violation, for tote a lien against the land on which the violation each day the repeat violation continues past the exists and upon any other real or personal prop- date of notice to the violator of the repeat viola- erty owned by the violator. Upon petition to the tion beginning with the date the repeat violation circuit court, such order may be enforced in the is found to have occurred by the code inspector. In same manner as a court judgment by the sheriffs addition, if the violation is a violation described in of this state, including levy against the personal section 2-175(c), the enforcement board shall no- property, but such order shall not be deemed to be tify the local governing body, which may make all a court judgment except for enforcement pur- reasonable repairs which are required to bring poses. A fine imposed pursuant to this part shall the property into compliance and charge the vio- continue to accrue until the violator comes into lator with the reasonable cost of the repairs along compliance or until judgment is rendered in a suit with the fine imposed pursuant to this section. If to foreclose on a lien filed pursuant to this section, a finding of a violation or a repeat violation has whichever occurs first. A lien arising from a fine been made as provided in this article, a hearing imposed pursuant to this section runs in favor of shall not be necessary for issuance of the order the local governing body, and the local governing imposing the fine. If, after due notice and hearing, body may execute a satisfaction or release of lien a code enforcement board t"mds a violation to be entered pursuant to this section. After three (3) irreparable or irreversible in nature, it may order months from the filing of any such lien which Supp. No. 12 163 § 2-178 NORTH PALM BEACH CODE remains unpaid, the enforcement board may au- return receipt requested; by hand delivery by thorize the local governing body attorney to fore- public safety officer, code inspector or other per- close on the lien. In an action to foreclose on a son designated by the village council; or by leav- lien,.the prevailing party is entitled to recover alI ing the notice at the violator's usual place of costs, including a reasonable attorney's fee. No residence with any person residing therein who is lien created pursuant to the provisions of this above fifteen (15) years of age and informing such section may lie foreclosed on real. property which person of the contents of the notice. is a homestead under article X, section 4 of the state Constitution. (2) In addition to providing notice as set forth (Ord. No. 19-79, § 8, 9-27-79; Ord. No. 9-80, § 9, ~ subsection (1), at the option of the code enforce- - 4-24-80; Ord. No. 16-82, Art. V, 9-9-82; Ord. No. merit board, notice may also be served by publi- 2-86, § 2, 3-27-86; Ord. No. 8-90, § 6, 4-12-90; Ord. cation or posting, as follows: No. 18-96, § 3, 5-9-96) (a) 1. Such notice shall be published once during each week for four (4) consecu- Sec. 2-179. Duration of lien. tive weeks (four publications being suf- No lien shall continue for a period longer than ficient) in a newspaper of general cir- twenty (20) years after the certified copy of an culation in the county where the code order imposing a fine has been. recorded, unless enforcement board is located. The news- within that time an action to foreclose on the lien paper shall meet such requirements as is commenced in a court of competent jurisdiction. are prescribed under chapter 50 of the In an action to foreclose on a lien, the prevailing Florida Statutes for legal and official party is entitled to recover all costs, including a advertisements. reasonable attorney's fee, that it incurs in the 2. Proof of publication shall be made as foreclosure. The local governing body shall be provided in Sections 50.041 and 50.051, entitled to collect all costs incurred in recording Florida Statutes. and satisfying a valid lien. The continuation of (b) 1. In lieu of publication as described in the lien effected by the commencement of the paragraph (a), such notice may be posted action shall not be good against creditors or for at least 10 days in at least two subsequent purchasers for valuable consideration locations, one of which shall be the without notice, unless a notice of lis pendens is property upon which the violation is recorded. alleged to exist and the other of which (Ord. No. 18-96, § 4, 5-9-96) shall be at the primary municipal gov- ernment office. Sec. 2-180. Appeal. 2. Proof of posting shall be by affidavit of An aggrieved party, including the village noun- the person posting the: notice, which cil, may appeal a final administrative order of the affidavit shall include a copy of the enforcement board to the circuit court of the notice posted and the date and places county. Such an appeal shall not be a hearing de of its posting. novo, but shall be limited to appellate review of the record created before the enforcement board. (c) Notice by publication or posting may run An appeal shall be filed within thirty (30) days of concurrently with, or may follow, an at- the execution of the order to be appealed. tempt or attempts to provide notice by hand delivery or by mail as required under (Ord. No. 19-79, § 9, 9-27-79; Ord. No. 9-80, § 10, subsection (1). 4-24-80; Ord. No. 16-82, Art, VI, 9-9-82; Ord. No. 2-86, § 3, 3-27-86; Ord. No. 18-96, § 5, 5-9-96) Evidence that an attempt has been made to hand Sec. 2-181. Notices. deliver or mail notice as provided in subsection (1), together with proof of publication or posting (1) All notices required by this article shall be as provided in subsection (2) shall be sufficient to provided to the alleged violator by certified mail, show that the notice requirements of this part Supp. No. 12 164 ADMINISTRATION § 2-181 have been met, without regard to whether or not the alleged violator actually received such notice. (Ord. No. 19-79, § 10, 9-27-79; Ord. No. 9-80, § 10, 4-24-80; Ord. No, 8-90, § 7, 4-12-90; Ord. No. 18-96, § 6, 5-9-96) [The next page is 211] Supp. No. 12 165 _ � ��- - �� I i I BUILDINGS AND BUILDING REGULATIONS § 6-17 AIt,TICI.E I. IIoT GENERAL. ARTICLE II. MI1VI11RUlYI COl~STRUCTIOlV STANDARDS Sec. 6-1. Construction on public land pro- Sec. 6-16. Authority. hibited. This article is promulgated in accordance with It shall be unlawful for any person to erect or F.S. chapter 166, and chapter 74-565, Laws of maintain, or to permit the erection or mainte- Florida, as amended: Hance of any structure of any kind, including a (Ord. No. 4-90, § 1, 3-8-90) Editor's note-The provisions of 6-16 and 6-17 were wall upon, across, over or under any portion of deleted as being superseded by the provisions of 1, 2 of Ord. any publicly dedicated utility or drainage ease- No. 4-90, adopted Mar. 8, 1990, included herein as new 6-16 merit 'area iri the village. and 6-17. The deleted provisions pertained to the adoption of (Code 1970, § 6-1) the Standard Building Code, 1985 edition and the county amendments, and derived from Code 1970, 6-11 and 6-12, and the following ordinances: Sec. 6-2. Accessibility to buildings by hand- Ord. lvo. Date Section icapped persons; state law adopted. 7=72 2 16-72 1 10-75 ?-10-75 1, 2 Pursuant to F.S. section 553.73(2), F.S. part V of s-7s 5-25-78 1, z chapter 553, relating to accessibility to buildings 3-80 2-14-80 1 25-80 10- 9-80 ,1, 2 by handicapped persons, is hereby adopted by 17-82 9-23-82 1 reference. 12-83 8-25-83 1, 2 16-86 11-13-86 1, 2 Sec. 6-3. Fire district. -Sec. 6-17. Codes adopted. The Standard Building Code, including Section All property within the village shall be included 1606 and Appendix F, the Standard Gas Code, the within the fire district: Standard Mechanical Code, and the Standard (Code 1970, § 16-23; Ord. No. 12-72, § 1) Plumbing Code, 1994 Editions, the amendments to each code, hereto attached, all of which have been reviewed by the Building Code Advisory Board of Palm Beach County, are hereby adopted Sec. 6-4. Reserved. and incorporated herein, as part of the minimum Editor's note-Pursuant to advice of the city,- and at the construction standards for the Village of North editor's discretion, Ord. No. 2-83, adopted Feb. 10, 1983, Palm Beach, Florida. Department of Public Ser- codified as Ch. 12.5 of this Code, has been treated as super- vice shall be substituted for Building Department seding former § 6-4 relative to duties of the building official in all the adopted codes. concerning flood management building requirements. Such (Ord. No. 4-90, § 2, 3-8-90; Ord. No. 14-92, § 2, section derived from Ord. No. 7-77, § 1, adopted Apri12S, 1977 9-10-92; Ord. No. 15-96, § 2, 4-25-96) and Ord. No. 19-78, § 1, adopted July 27, 1978. Editor's note-The various codes adopted above in § 6-17, and amendments thereto, are not set out at length in this Code but are on file and available for inspection in the offices - of the city. Note~ee the editor's note following § 6-16. SeCS. 6-5-6-15. Reserved. Cross references-Electrical wde adopted, § 11-11; fire prevention code adopted, § 12-16; housing wde adopted, § 15-1. Supp. No. 12 383 § 6-18 NORTH PALM BEACH CODE Sec. 6-18. Reserved. ~ Sec. 6-31. Definition. Editor's note-Former § 6-18, relative to amendments The term "eternal architectural feature" is and addition to the Standard Building Code, has been deleted defined t0 mean the architectural style and gen- pursuant to the adoption of Ord. No. 15-96, enacted April 25, eral arrangement of such portion of a building or 1996, which adopted the 1994 editions of the various codes as structure as is designed to be open to view from a detailed in § 6-17. The provisions of former § 6-18 derived from public Street, place Or Way, Or from adjoining Ord. No. 20-93, § 1, adopted Sept. 9, 1993; and Ord. No. 21-93, - § 1, adopted Sept. 9, 1993. premises. (Code 1970, § 6-39; Ord. No. 4-71, § 1; Ord. No. Sec. 6-19. i~iolations; penalty. 2-72, § 1) Any person, firm or COrporatlori who shall vi0- Cross reference-Rules of construction and definitions late a provision. of this article, or fail to comply generally, § 1-2. therewith, or with any of the requirements thereof, Sec• 6-32. Intent and purposes. shall be guilty of a misdemeanor. Each such This appearance code is adopted for the follow- person sha1L be deemed guilty of a separate of ing purposes: fense for each and every day or portion thereof (1) To promote the public health; safety, mor- during which any violation of any of the provi- als, comfort and general welfare of the sions of this article is committed or continued citizens of the village. and, upon conviction of any such violation, such (2) To enhance the values of property through- person shall be punished by a fine of not less than out the village. fifty dollars ($50.00) nor more than five hundred (3) To protect and to stabilize the general ap- dollars ($500.00), or by imprisonment not exceed- pearance of buildings, structures, landscap- ing six (6) months, or by both such fine and ~g and open areas, in the multiple dwell- imprisonment. ing, commercial and public zoning districts (Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83; § 3, of the village. 8-25-83)~ (4) To insure adequate light, air. and privacy Editor snots-Ordinance No. 25-80, § 3, adopted Oct. 9, 1980, was nonamendatory of the Code; hence, its inclusion as for property in the multiple dwelling, Cons- § s-19 was at the editor's discretion. mercial and public zoning districts of the village. Sec. 6-20. Reserved. (5) To encourage and promote acceptability, Editor's note-Section 3 of Ord. No. 14-92, adopted Sept. attractiveness, cohesiveness and compati- 10, 1992, repealed former § 6-20, relative to amendments to bility Of new buildings, developments, re- the Standard Plumbing Code, which derived from Ord. No. modelin and additions so as to maintain 20-91, § 1, adopted May 23, 1991. g and. im rove the established standards. of P Secs. 6-21-5-29. Reserved. property values within the multiple-dwell- ARTICLE III. APPEARANCE CODE* ~g~ commercial and public zoning districts of the village. DIVISION 1. GENERALLY (Code 1970, § 6-22) Sec. 6-30. Short title. Sec. 6-33. Appearance plan.- This article, including any regulation hereafter The village hereby adopts by reference thereto adopted, shall hereafter be known, cited and the appearance plan attached as exhibit A to referred to as the "Appearance Code." Ordinance No. 3-'72 of the village. The appearance (Code 1970, § 6-21) plan is set forth at length in Appendix A of this Code. *Editor's note-Ordinance No. 6-77, § 5, enacted Apri128, (Code 1970, § 6-40; Ord. No. 3-72, § 1) 1977, adopted 6-30~-36, 6-56-6-60, concerning the ap- SeC. 6-34. peazance code, as part of the comprehensive plan for the Editor's note-Ordinance No. 4-79; § 1, adopted Mazch 8, village. Ord. No. 4-79, adopted Mazch 8, 1979, removed the 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to appearance code from the comprehensive plan. repeal 6-29-6-32 of the 1970 Code, of which 6-30, 6-32 Cross references-Planning and development, Ch. 21; were codified as § 6-34 of this Code. Former § 6-34 pertained appearance plan, App. A. to amendments of the appeazance plan. Supp. No. 12 384 i BUILDINGS AND BUILDING REGULATIONS § 6-35 Sec. 6-35. Appeals and review. The applicant. or any interested party may file an appeal to the village council on any ruling by the planning commission made pursuant to this article. An appeal shall be on forms provided by the village. The appeal shall be filed or made Supp. No. 12 385 PI'he nest page is 398.3) MOTOR VEHICLES AND TRAFFIC § 18-34 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 oper- ate, drive or park any truck in excess of three- ARTICLE II. OPERATION Off' VEHICLES fourths ton over, across or upon any street right- GENERALLY* of-way except those indicated below, in the village: Northlake Boulevard Sec. 18-16. Speed limits-Generally. Prosperity Farms Road In accordance with law, and when signs are State Road 703 erected giving notice thereof, the speed limit shall U.S. Highway #1 (State Road 5) be as set forth in this schedule upon those streets or portions thereof, and at the times specified (b) This section shall not apply where such herein: trucks are making deliveries to or picking up (1) On all streets within the corporate limits of merchandise at residences or places of business the village, except as set out in section located upon -such streets. 18-17, twenty-five (25) miles per hour at all (Code 1970, § 39-46; Ord. No. 4-81, § 1, 3-26-81) times. Secs. 18-19-18-33. Reserved. (2) On all state highways located in the vil- ' lage, as designated- by the state depart- ment of transportation. ARTICLE III. STOPPING, STANDING AND (3) Between the hours of 7:30 a.m. and 9:00 P~'I~C`~ a.m. and between the hours of 2:00 p.m. and 3:30 p.m. in the vicinity of schools or at Sec. 18-34. Parking restricted. such street intersections where heavy school (a) Between the hours of 2:00 a.m. and 6:00 traffic is found, fifteen (15) miles per hour. a.m. on streets where no curbing is provided, the Where public health, welfare and safety parking of a vehicle shall not usurp more than necessitates the use of school speed limits, twelve (12) inches of the paved portion . of the such determination shall be made by the street. director of public safety. (Code 1970, § 39-29) (b) No person shall leave any truck, trailer, boat or any vehicle of a similar type parked upon Sea 18-17. Same~pecific streets. any public street or highway within -the village between the hours of 12:30 a.m. and 6:00 a.m. In accordance with law, it shall be unlawful, when signs are erected giving notice thereof, to (c) No truck in excess ofthree-fourths ton shall operate a vehicle at a greater rate of speed than be parked at any time on public or private prop- that indicated on the following streets or indi- erty in _ an R-1, R=2 or R-3 residential zoning Gated portions thereof: district unless making deliveries or picking up merchandise. Lighthouse Bridge, approaches thereto in ei- ther direction, twenty (20) miles per hour. Exception: Vans with and without factory- installedseats are excepted since vans with factory- Prosperity Farms Road, from the southern vil- installed seats are not vans in accordance with lage boundary line to Teal Road, north, thirty (30) state law. - miles per hour. (Code 1970, 24-70, 39-24; Ord. No. 4-81, § 2, (Code 1970, § 39-29(2), (4)) 3-26-81) *Cross reference-.Driving over fire hose prohibited, § 1'Cross reference-Parking near a fire station or hydrant 12-1. restricted, § 12-2. Supp. No. 12 1173 § 18-34.1 NORTH PALM BEACH CODE Sec. 18-34.1. Vehicle, trailer or boat parking (2) Such parking shall be limited to such equip- prohibited upon paved or un- ment owned or leased by the occupant- paved area of the road right-of- owner or occupant-lessee of the site con- way of specific roadways. cerned. The parking of any vehicle, trailer or boat is Exception: A guest of an occupant-owner or hereby prohibited upon the paved or unpaved occupant-lessee may park this equipment area of the road right-of--way of those portions of ~ the front yard for not more than five (5) the following described roadways located within days in any fourteen-day period. the corporate limits of the Village of North Palm (3) The location for such parked equipment Beach, Florida: shall be in the rear yard or in the side yard State. Road A-1-A; to the rear of a line established by the front building line adjacent to the side yard Prosperity Farms Road; where the equipment is located; provided, U.S. Highway # 1 (SR #5); however, that on corner lots such equip- ment shall not be parked on the side yard Northlake Boulevard; which faces a public street. 800 Block. of Lighthouse Drive; (4) Such equipment shall, at all times, have North Anchorage Drive from Eastwind Drive to attached a current vehicle license plate. U.S. #1 (SR #5); (5) When parked on the site, such equipment South Anchorage Drive and Eastwind Drive shall not be used for living or sleeping adjacent to the North Palm Beach Elemen- quarters or for housekeeping or storage ,Lary School property only during the period purposes andshall not have attached thereto starting one hour prior to and ending one any water, sewer, electric or gas service / hour after published school hours inclu- connection. sive. Exception: Guest equipment as defined in subsection (2). Southerly most four hundred :(400) feet of the westerly road right-of--way of Castlewood (6) Such equipment shall not exceed the max- Drive adjacent to the First Church of Christ length, width, height and weight _ Scientist. permitted under applicable provisions of (Ord. No. 8-92, § .1, 6-25-92; Ord. No. 25-93, § 1, the motor vehicle laws of the State of . 10-14-93; Ord. No. 19-96, § 1, 5-23-96) Florida; provided, however, the maximum Editor's note-Ordinance No. 8-92, adopted June 25, length shall not exceed thirty (30) feet and 1992, did not specifically amend this Code; hence, inclusion of the maximum height shall not exceed ten § 1 as § 18-34.1 was at the discretion of the editor. (10) feet. Sec. 1~-35. Recreational, boating and camp- (7) Such equipment shall be secured so that it ing equipment; parking on resi- will not lie a hazard or menace during high dential property restricted. winds or hurricanes. At least four (4) hur- ricane ground anchors shall be available at Recreation, boating and camping equipment in each site for each piece of equipment where the form of travel and camping trailers, boats on such equipment is stored pursuant to this - trailers, boat trailers, motor homes and vans, Code section. designed and used as temporary living quarters (g) All such equipment, when parked in the for recreation, for boating, for camping or for side yard, shall be visually screened from travel use, may be parked in the open on sites the view of the nearest adjacent neighbor containing a single family or duplex residence, with an opaque .and vertical wall, fence or subject to the following conditions: hedge to the height and length of such (1) A maximum of two (2) pieces of such equip- equipment. A wall or fence shall not exceed ment at a time shall be permitted on a site. six (6) feet in height. Supp. No. 12 1174 I MOTOR VEHICLES AND TRAFFIC § 18-38 (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 19'70, § 30-1; Ord. No. 26-72, § 1; Ord. No. 11-79, § 1, 6-14-79; Ord. No. 27-93, § 1, 12-9-93) Sec. 18-36. Parking in violation of signs. It shall be unlawful, when signs have been erected giving notice thereof, to stop, stand or park a vehicle in violation of signs regulating or prohibiting the stopping, standing or parking of vehicles. Sec. 18-37. Violations; fines®I~andicap spaces. The fine for stopping, standing or parking in handicap parking spaces in violation of F.S. sec- tions 316.1955, 316.1956 shall be in the amount of one hundred dollars ($100.00). (Ord. No. 32-90, § 1, 8-9-90) Editor's note-Ordinance No. 32-90, adopted Aug. 9,1990, did not specifically amend this Code; hence, inclusion of § 1 as § 18-37 was at the discretion of the editor. Sec. 18-38. Same-Non-handicap spaces. The fine for stopping, standing and parking a vehicle in violation of provisions, other than hand- icap parking provisions, of this article shall be in the amount of twenty-five dollars ($25.00). (Ord. No. 40-90„ § 1, 12-13-90~, Ord. No. 5-96, § 1, 1-25-96) Editor's note-Ordinance No. 40-90, adopted Dec. 13, 1990, did not specifically amend this Code; hence, inclusion of § 1 as § 18-38 was at the discretion of the editor. (The next page is 1225] Supp. No. 12 1175 � � . I I APPENDIX C-ZONING § 45-34.. 4. Maximum number of wall signs: h. Appeals: Notwithstanding conflicting One (1) permanent wall sign is appeal procedures found elsewhere is permitted for each business which this Code, all requests for modifica has direct ground level walk-in tions to sign regulations in the C-~ access from a .public or private zoning district shall be made througl roadway or sidewalk, and one ad- the special C-3 PUD procedures fount ditional permanent wall sign iden- below in 45-34.1(10). ' tifying the building is permitted for each multiple occupancy tom- (8) Surface water management. A complete sur~ Alex. face water management system shall bE provided to current standards of the SoutY 5. Maximum size of wall signs: Five Florida Water Management District when (5) percent of the area of the wall ever a building or parking area is substan~ to which it is attached; or seven (7) tially redeveloped. percent if the front building set- back is greater than seventy (70) (9) Location of business for retail sales of alco~ . feet; or ten (10) percent if the front h;olic beverages. building setback is greater than a. No licensed retail sales of alcoholic one hundred (100) feet. However, beverages shall be carried on wherE in no case shall a wall sign exceed the proposed place of business is within one hundred (100) square feet in five hundred. (500) feet of a church size: synagogue, temple or other place o: d. Roof signs are erected and constructed worship. wholly on and over the roof of a build- b. The method of measurement provided ing, and are supported by the roof for above shall be made or taken .from structure or are an integral part of the the main front entrance of such church roof. Roof signs are not permitted in to the main front entrance of the ap- the C-3 district. plicants proposed place ofbusiness along e. Size computations: When these regula- the route of ordinary pedestrian traf tions establish the maximum size of a fit. sign, it shall be computed by means of c. The restrictions of section 45-34.1(9); the smallest square, circle, rectangle, triangle, or combination thereof that (1)[a.] shall not apply to the retail salE will encompass the extreme limits of of beer, ale or wine for off-premises the writing, representation, emblem, consumption. or other display, together with any d. The restrictions of section 45-34.1(9), material or color forming an integral (1)(a.] shall not apply to any bona fide part of the background of the display restaurant as defined and licensed un- or used to differentiate the sign any der Florida Statutes as a restaurant backdrop or structure against which it with full kitchen facilities, regardless is placed. of size or seating capacity, where alco- f. Allowable colors: Notwithstanding the holic beverages are served solely as an regulations in Chapter 6 of this Code, accessory use to the restaurant and color tones utilized for all signs tom- only when such restaurant is open for plying with these regulations shall be the sale and service of food. compatible with surrounding area. (10) Special C-3 Planned Unit Development ' g. Lighting: Signs containing illumina- (PUD) provisions. Land in a C-3 zoning tion shall be turned off by 12:00 a.m. district may have fragmented ownership or (midnight) each night, or when the may adjoin a municipal boundary. Despite business closes, whichever is later. these complications, the Village of North Supp. No. 12 2507 § 45-34.1 NORTH PALM BEACH CODE _ Palm Beach desires. to provide for an added plications. However, most favorable con- . degree of flexibility in the placement and sideration will be given to applications interrelationship of the buildings and land that encompass the largest possible uses in this district. One (1) or more land- land area, and no parcel that is smaller owners in the C-3 district may elect to use than its size when this section was these special PUD procedures to seek ap- adopted (March, 1995) maybe submit- proval of a site development plan that ted unless it was properly platted resolves ownership or boundary complica- through the provisions of these land tions and/or which differs from the literal development regulations. All parcels terms of these zoning and land develop- submitted in a single PUD application went regulations. These procedures may must be contiguous and must be owned also be used to seek approval for certain b or under the uni fled control of the y land uses that are not permitted by right in a licant. " PP the- C-3 district (see section 45-34.1(1) above) d. Application procedures: PUD applica- or to request a specific modification to the tions made under this section shall be sign regulations. However, any PUD ap- proval under these procedures must be accompanied. by the applicable fee and consistent with the spirit and intent of the shall contain the following: C-3 zoning district and must also be con- 1. Satisfactory evidence of unified con- sistent with the Comprehensive Plan. trol of the entire area within the a. Allowable changes to existing regula- ~ proposed PUD; agreement to abide tions: No PUD approval can permit by the conditions of approval, if any development that is inconsistent granted; and ability to bind succes- with the Comprehensive Plan. Subject sots- in title to these conditions if to this limitation, changes maybe con- ~ -the proposed development is built. sidered through this process to any 2. A proposed site development plan other zoning and land development in~ sufficient detail to show the- - _ regulation that the village council finds approximate locations of build- - would unduly constrain desirable re- ings, parking. areas, and use and/or redevelopment of land in stormwater management facili- the C-3 zoning district. After any such ties.. This. plan shall also show the changes are made by the village coon- exact locations of all access points cil, those changes- shall govern to the to public streets and to any abut- extent of conflict with these regula- ting land zoned C-3, whether in tions. Lake Park or North Palm Beach. b. Additional land uses: The following 3. Unless clearly shown directly qn land uses are not permitted by right the site development plan, an ex- but may be approved. in response to a plicit list of zoning and land devel- specific PUD application: opment regulations for which 1. Automobile, truck, or motorcycle changes are sought,. and the pro- dealers (new or used). posed alternate standards. 2. Cultural, civic, educational, health 4. A specific list describing any of the care, and religious facilities. additional land uses listed in sec- 3. Nursing or convalescent homes. tion 45-34.1(10)b. for which the 4. Offices for non-profit, religious, or applicant is requesting approval. governmental activities. 5. Any volunteered.. limiting condi- c. Minimum PUD requirements: There is tions that could provide assur- no minimum parcel size for PUD ap- antes that the development as pro- Supp. No. 12 2508 I APPENDIX C-ZONING § 45-35. i posed would further the intent and Sec. 45-35.1. Planned unit developffient. spirit of the C-3 district and the Comprehensive Plan. I. Statement of intent. The site development plan, lists of alter- A. The intent of this section is to provide, in pate standards and additional land uses, the case of a commercial planned unit and volunteered conditions should be sub- development consisting of two and one-half mitted in a format suitable for attachment (2.5) or more acres and in the case of a to an ordinance approving the requests. residential planned unit development of e. Approvalprocess: PUD applications un- five (5) or more acres, an added degree of der this section shall be forwarded flexibility in the placement and interrela- alongwith recommendations from staff tionship of the buildings and uses within to the planning commission, which af- the planned unit development, together ter holding a public hearing shall make with the implementation of new design a formal recommendation of approval, concepts. At the same time the intensity of partial approval, or disapproval. The land use, density of population and amounts village council shall also hold a public of light, air, access and required open space hearing and decide whether to ap- will be maintained for the zoning district in prove, partially approve, or disapprove which the proposed project is to be located. the PUD application. Unless the appli- The village council hereby determines that cation is disapproved in full, this ac- the regulations pertaining to intensity of tion shall be by ordinance. The appli- land use, density of population and re- cant may then proceed to obtain all - quired open space are the minunum require- other needed development permits in ments for the protection and promotion of accordance with the village's regula- the public health, safety and general wel- tions. fare. Nothing herein should be construed - f. Applications abutting or crossing a mu- as allowing deviation for uses other than nicipal boundary: Any PUD applica- those specified as permitted uses, nor any tion for property abutting or crossing greater density of population nor any less the Lake Park town boundary shall required open space than that which is meet all of the above requirements. In specified in this chapter for the zoning addition, to protect the interests of district in which a proposed project is to be -other C-3 landowners and the town, a located. decision on the PUD application shall g, Subject to the foregoing statement of in- be made by the village council only at a tent, the village council may, in the case of joint meeting with the Lake Park'Ibwn commercial and residential planned unit Commission. developments, allow for minor modifica- (Ord. No. 8-95, § 1(Exh. A), 3-23-95; Ord. No. tions of the provisions of this chapter in 18-95, 1, 2, 7-13-95; Ord. No. 1-96, § 1, 1-11-96; accordance with the procedure set forth in Ord. No. 35-96, § 1, 8-22-96) subsections II, III, IV and V. Sec. 45-35. Public district. II. Filing of application. Within any P public district, uses shall be A. Any person may file an application with restricted to those necessary or essential to the the village council for minor modifications administration and operation of the village or any of the provisions of this chapter. This ap- - other governmental agency, including, but not plication shall contain at least the follow- limited, to village hall, recreation facilities, wa- mg' terworks, pumping stations and sewage facilities. 1. All application and review procedures (Ord. No. 3-82, § 1, 1-28-82) shall comply with section 21-12, Sapp. No. 12 2509 § 45-35.1 NORTH PALM BEACH CODE Changes to zoning ordinances and sec- _shall state agreement that, if he pro- tion 45-49, Application for rezoning, of ceeds with the proposed development, this Code. he will: 2. A statement listing and fully explain- a. Do so in accordance with the offi- ing the specific modifications of the cially approved development plan provisions of this chapter 45 which are and such other conditions or mod- desired a ifications as ma be attached to swell as the purposes for Y which the modifications are intended. the conditional. use. 3. All application procedures shall be as b. Provide agreements, covenants, required by the subdivision provisions contracts, deed restrictions or sure- of this Code. ties acceptable to the village coun- cil, both for completion of the un- 4. Compliance with the village compre- dertaking in accordance with the hensive plan is required. adopted development plan, and also 5. Land covered by the development plan for the continuing operation. and shall be platted concurrently with final maintenance of areas, functions approval of the development plan. and facilities which the plan shows 6. The fee for filing an application fora are: not to be operated or main- planned unit development shall be one tamed at general public expense. hundred dollars (100.00) per acre for c. Bind his .development successors each acre contained within. the bound- in title to any commitments made ary of the development plan, plus a under subsections a. and b., pre- prorated amount of the per acre fee for ceding. any portion of the development plan 10. Any tract of land for which a planned which exceeds evenly divisible acre- unit. development is made shall con- age. taro sufficient. width,. depth and front- 7. The final approved development plan age on a public dedicated arterial or shall include the plat drawings and major street or appropriate access which necessary submittals demonstrating. ac- will accommodate the proposed use ceptability of all. factors and standards and design. evaluated in subsection N(A). 11. In the event any building or structure 8. All dwelling unit sizes, parking crite- built under this section is destroyed or ria and building site coverage must removed by or for any cause, said build- meet the requirements. of the zoning ing or structure,. if replaced, shall be code for each type of proposed use. replaced with a building or structure of similar size and type not exceeding the 9. All land included for the purpose of dimensions- of the original- building or development within a planned unit de- structure. The developer shall include velopment shall be owned or under the the appropriate deed restrictions and/or unified control of the applicant for-such covenants so as to require replacement zoning designation, whether the appli- as outlined above. cant is an individual, partnership, cor- poration, trust or group of individuals, III. Referral to planning commission. The vil- partnerships, trusts or corporations. lage council shall refer each application for a The applicant shall present satisfac- planned unit development to the planning com- tory evidence of the unified control of mission for study and recommendation. the entire area by applicant within the proposed planned unit development and IV. Action of planning committee [commission.] Supp. No. 12 2510 APPENDIX G-ZONING § 45-35.1 A. After a study of an application for a planned the proper development and use of unit development and the required public adjacent land and buildings nor impair hearing, the planning commission shall the value thereof. make a recommendation to the village coon- 4. The standards of density and required cil to approve, approve as modified, or open space in the proposed project are reject the application based upon the fol- at least equal to those required by this lowing standards: ordinance in the zoning district in which 1. The proposed use or uses shall be of the proposed project is to be located. such location, size and character as to 5. There shall be no uses within the pro- be in harmony with the appropriate posed project which are not permitted and orderly development of the zoning uses in the zoning district in which the district in which situated and shall not proposed project is to be located. be detrimental to the orderly develop- . ment of adjacent zoning districts. Exception: A mixed use occupancy may be allowed if the existing zoning district usage 2. The location and size of the proposed is commercial. The mixed usage occupancy use or uses, the nature and intensity of shall only be residential and mercantile or the principal use and all accessory residential and business. uses, the site layout and its relation to streets giving access to it, shall be such B. The commission may recommend such that traffic to and from the use or uses, changes or modifications in the proposed and the assembly of persons in connec- plan as are needed to achieve conformity to tion therewith, will not be hazardous the standards as herein specified. The rea- or inconvenient to the neighborhood sons for the changes or modifications shall ' nor conflict with the normal traffic of be included in the recommendation. the neighborhood. In applying this star- C. The commission shall not recommend the ' lord, the commission shall consider, project unless it finds that all of the stan- among other things: convenient routes Bards as herein specified have been met. If for pedestrian traffic, particularly of there are minor modifications to the provi- children; the relationship of the pro- sions of this chapter, the commission may posed project to main traffic thorough- recommend its approval at the same time. fares and to street and road intersec- It shall also, where it deems appropriate tions; and, the general character and and necessary, recommend to the village intensity of the existing and potential council those conditions to be imposed upon development of the neighborhood. In the project, its operation, or both, that are addition, where appropriate, the com_ needed to assure adherence to the afore- . mission shall determine that noise, said standards. vibration, odor, light, glare, heat, elec- tromagnetic or radioactive radiation, V. Action of village council. The village council, or other external effects, from any source upon the receipt from.the planning commission of whatsoever which is connected with the report on the planned unit development and the proposed use, will not have a Bet- the minor modifications to the provisions of this rimental effect-upon neighboring prop- chapter may, after the required public hearing, erty or the neighboring area in gen- approve or reject such project and modifications, eral. incorporating with an approval such conditions as the council deems appropriate. The approval shall 3. The location and height of buildings, be by ordinance. the location, nature and height of walls and fences, and the nature and extent VI. Effect of approval of village council. The of landscaping of the site shall be such approval of the application by the village council that they will not hinder or discourage shall allow the building official to issue a building Supp. No. 12 2510.1 § 45-35.1 NORTH PALM BEACH CODE permit in conformity with the application as ap- acre of upland area and have at least proved. This permit shall specify with particular- one lot dimension, width or length, of a ity the exact modifications to the provisions of minimum of 150 feet. this chapter which have been approved. The holder c. Yard space regulation. No building or of this permit may then proceed with his project ~ portion thereof shall occupy a position in conformity with said permit. No deviations from the conditions of the permit shall be allowed fifty (50) feet or less from the upland/ III wetland bounda of the ro ert . except those which shall be in conformity with the ~ p p y basic provisions of this ordinance as they apply to C. Coastal zone protection. The Village of North the zoning district in which the project is located. palm Beach adopts, by reference, the Palm Beach (Ord. No. 23-79, § 1, 10-25-79; Ord. No. 16-87, § 1, County Coastal Protection Ordinance No. 90-2 in 10-22-87) ~ its entirety. (Ord. No. 20-90, § 2, 6-28-90; Ord. No. 25-90, § 1, Sec. 45-35.2. C-OS conservation and open 6-28-90; Ord. No. 24-91, § I, 7-11-91) space district. Sec. 45-36. General provisions. A. Intent. The intent of this section is to pro- vide for land uses and activities within land areas -The provisions of this article shall be subject to . designated for the primary purpose of conserving the following provisions and exceptions: _ or protecting natural resources. of environmental ' quality. A. Chimneys, water tanks, radio or television towers, church spires, elevator lofts, flag- B. Uses permitted. Within any part of the C-OS poles and parapet walls may be erected conservation and open space district, no building, above the height limits herein established. structure, land or water shall be used, except for A-1. No addition to any building and no stru~- one or more of the following uses: tore or object shall. be erected, placed or 1. Passive recreation. maintained or built to a height which ex- 2. Flood control. ceeds four (4) stories or sixty (60) feet where any portion ofsaid building or of the 3. Protection of quality or quantity of ground property upon which it is located is within water or surface water. five hundred feet of any R-1, single-family 4. Floodplain management. dwelling district. 5. Fisheries management. B. Swimming pools shall be set back at .least seven and one-half (7'/a) feet from the back 6. Protection of vegetative community or wild- property line measured from the rim of the life habitats. pool and not less than five (5) feet from the 7. Residential and administrative buildings side property line including .the two-and- for the protection of the C-OS district. one-half-foot walk around the pool. The highest projection of the swimming pool 8. Single-family dwellings with accessory build- shall not exceed two (2) feet. Outdoor fire- ings customarily incident thereto. places not exceeding six (6) feet in height a. Building height regulations. No main maybe erected and maintained, said stru~- l building shall exceed two (2) stories in tore, however, shall not be erected within height and no accessory building more five (5) feet of any rear lot line. than one (1) story. (a) Swimming pools may be enclosed by b. Building site area regulations. The min- screening provided same are not erected imum lot or building site for each sin- closer than five (5) feet from the side gle family dwelling shall be one (1) and rear yard lines. Supp. No. 12 2510.2 i I APPENDIX C-ZONING § 45-36 (b) No swimming pool shall be located in G. In all multifamily residential buildings two the azea lying between the front prop- (2) stories or greater in height, and in all erty line and the front building line in commercial buildings over four (4) stories the R-1 and R-2 zoning districts. in height, which aze not equipped with C. Detached garages not- more than one (1) elevators provided with standby emer- story in height may be erected and main- gency power and having minimum cab di- tained within seven and one-half (7i/a) feet mensions which will permit the use of the of the rear line of any such lot. elevator cab by normal size emergency am- bulance stretchers, and in all commercial D. Walls and fences built within the area buildings two (2) stories to four (4) stories between the property line and the building in height which are .not equipped with setback line shall not exceed six (6) feet in elevators having minimum cab dimensions height; provided, however, that no walls or which will permit the use of the elevator fences may be erected between the front cab by normal size emergency stretchers, yard setback and the street line, nor may there shall be a minimum of one (1) access walls or fences exceed four (4) feet in height stairway serving every story. Such stair- for adistance of forty (40) feet from any way shall have the following minimum body of water located within the village. On dimensions: corner lots, walls or fences shall not exceed (1) Minimum width of stairway to be five four (4) feet in height within the area (5) feet. between the side line of the lot which fronts on a street, and the front building setback (2) Minimum dimensions of all landings to line extended of the adjacent side street lot. be ten (10) feet by six (6) feet, six (6) On all building permits for walls or fences inches. greater than four (4) feet in height that aze H. Patios connected to the rear of a dwelling to be located outside building setback lines, unit may be enclosed by screening provided there shall be a prominent notice that a there shall be a reaz yard of not less than village building permit in no way offsets fifteen (15) feet measured from the rear of the deed covenants, and that the applicant the screened enclosure to the rear lot line. should also check the deed covenants to I. There shall be a front yard of not less than protect himself. forty (40) feet .measured from the street E. In the event one (1) lot, or portion thereof, line to the front building line in the case of and the whole or a portion of a contiguous Lots 11 to 35 inclusive, Block 3, as shown lot, all in one (1) ownership, shall be used on the plat of Village of North Palm Beach, as one (1) building site for one (1) residence Plat 1, recorded in plat book 24, page 205, building, and its appurtenant outbuildings Public Records of Palm Beach County, Flor- permitted by this ordinance, then while so ida. owned and used the side lines and reaz line J. Whenever, by this ordinance, off-street pazk- of such site shall be deemed to be the side ing is required in any commercial district and rear lot lines of such sites. or in any R-3 apartment dwelling district, F. No business, professional, commercial ac- no such parking facilities shall be hereafter tivity or home occupation shall be con- constructed until a permit therefor shall ducted upon any portion of real property have been issued by the building inspector, zoned R-1 single-family dwelling district, and until the plans and specifications there- R-2 multiple-family dwelling district and for aze such that: R-3 apartment dwelling district or within a. Such off-street pazking area is de- any dwelling thereon or upon a dock, pier signed with appropriate means of ve- or other waterside structure appurtenant hicular access to a public street or thereto and attached to such real property. alley. Supp. No. 12 2510.3 § 45-36 NORTH PALM. BEACH CODE b. Such off-street parking area is de- circus must be obtained from the office of signed with appropriate vehicular ma- the village manager. There will be no charge neuvering areas. or fee for such permit. c. Such off-street parking area is paved L. No gasoline or oil filling stations and no with an asphaltic or concrete surfac- service station shall be erected within five ing, or other material designed to pre- hundred (500) feet of any church, hospital, ' vent dust. school or other similar institution where d. Such off-street parking area is so con- large numbers of pedestrians congregate, ~ strutted, graded and surfaced as to nor within one thousand (1,000) feet of the prevent surface- water from draining location in said village of another gasoline onto public right-of--way, or on adjoin- or oil filling station or service station. ing properties, the outlets for such The method of measurement -that shall surface waters to be connected directly apply in such cases shall be by measure- or indirectly to storm sewer conduits meat of the airline distance made or taken terminating in existing publicly con- from the nearest boundary of the lot or trolled waterways or in other seepage premises where such proposed station would areas approved by the building depart- be located to such building or structure ' ment. used as a church, hospital, school or other e. Such oflF street parking areas shall be similar institution to the boundary of the used for vehicular traffic only, with no lot or premises where the existing station sales, dead storage, repair work, dis- is erected. Nothing in this section shall mantling or servicing of any kind un- prohibit, however: less expressly permitted by the zoning a. The operation of existing gasoline or of the district in question. oil filling stations or service stations. f. If lighting of such areas is to be pro- b. The improvement, alteration or recon- vided, the plans therefor shall be such - struction of any presently existing gas- - that such lighting shall reflect away olive or oil filling station or service from any public street and at such an station. angle as to prevent glare or undue c. The construction of gasoline or oil fill- illumination of residential. properties ing stations or service stations for which in the neighborhood. permits have been issued prior to the K. No carnival, fair, amusement park or circus date of this ordinance, but which are shall be carried on in any residential or not presently under construction. commercial zoning district in the Village of M. Building height regulations. North Palm Beach, including zoning dis- tricts R-1, R-2A, R-3, C-A, C-lA, C-1 and (1) Within the area of the Village of North C-2; provided, however, that a carnival, fair Palm Beach which lies north of the or circus may be carried by a nonprofit Intracoastal Waterway and west of U.S. organization to collect funds to further the Highway No. 1, no building or struc- purposes of such organization at the preen- ture shall exceed sixteen (16) stories or ises where the organization is located within one hundred sixty (160) feet. Elevator the Village of North Palm Beach. No such towers and mechanical. apparatus are carnival, fair or circus shall extend for not restricted to the one-hundred-sixty- more than three (3) consecutive days, and foot limit. no such carnival, fair or circus may be open (2) Within the area of the Village of North to the public between the hours of 10:00 Palm Beach which lies north of the p.m. and 10:00 a.m. during any day. A Intracoastal Waterway and east of U.S. permit for such permitted carnival, fair or Highway No. 1, no building or stru~- Supp. No. 12 2510.4 I APPENDIX C-ZONII~IG § 45-37 Lure shall exceed twenty-two (22) sto- (3) The restrictions of section 45-36N.(1) ries or two hundred twenty (220) feet. shall not apply to the sale of beer, ale Elevator towers and mechanical appa- or wine at retail, not to be consumed on rates are not restricted to the two- the premises. hundred-twenty-foot limit. (4) The restrictions of section 45-36N.(1) shall (3) Within the area of the Village of North not apply to any bona fide restaurant as Palm Beach which lies south of the defined and licensed under Florida Stat- Intracoastal Waterway and east of U.S. utes as a restaurant with full kitchen facil- Highway No. 1, no building or strut- ities, regardless of size or seating capacity, ture shall exceed four (4) stories or where alcoholic beverages are served solely forty (40) feet. Elevator towers and as an accessory use to the restaurant and mechanical apparatus are not restricted only when such restaurant is open. for the to the forty-foot limit. sale and service of food; provided, however, that the provisions of this subparagraph (4) (4) Within the area of the Village of North shall not permit a license to be issued to a Palm Beach which lies south and west restaurant that sells alcoholic beverages of the Intracoastal Waterway and west within one thousand (1,000) feet of a church, of U.S. Highway No. 1, no building or public or private school, hospital, public structure shall exceed four (4) stories park or public playground. or forty (40) feet. Elevator towers and (5) Nothing in section 45-36N.(1) shall pro- mechanical apparatus are not restricted hibit the conduct of licensed retail sales of to the forty-foot limit. alcoholic beverages within one thousand N. Location of business for retail sales of alto- (1,000) feet of the North Palm Beach Caun- holic beverages. try Club. (1) No licensed retail sales of alcoholic Bever- O. Xeriscape landscaping practices. Properties ages shall be carried on where the proposed within all zoning districts are encouraged to uti- place of business is within one thousand lize geriscape landscaping practices to simulta- (1,000) feet of a church, public or private neously enhance the appearance of the property school, hospital, park or playground, or a while requiring less water and energy. Xeriscape place of business of another licensed retail Practices in the village shall be based on the latest seller of alcoholic beverages; provided fur- Published South Florida Water Management Dis- ther, that no licensed retail sales of alto- trict xeriscape manual. holic beverages shall be carried on in the (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No. C-3, Regional Business District, where the 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. 11-?5, § 1, proposed place of business is within five 9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, ` hundred (500) feet of a church s a o e § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. ~ g ~ ~ 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91; temple or other place of worship. Ord. No. 20-95, § 1, 7-27-95; Ord. No: 34-96, § 1, (2) The measurement provided above for 8-22-96) one thousand (1,000) feet shall be made or taken from the main front entrance Sec. 45-37. Historic site overlay distract. or entrances of such church, public or A. Purpose. The historic site overlay district is private school, hospital, park or play- used to impose special development restrictions ground, or a place of business of an- on .identified areas. The locations of this overlay other licensed retail seller of alcoholic district are established by the Village based on beverages, to the main front entrance the need for special protective measures at those of the applicant's proposed place of locations. The historic site overlay district im- business along the route of ordinary poses different standards than those that would pedestrian traffic. otherwise apply. Supp. No. 72 2510.5 § 45-37 NORTH PALM BEACH CODE B. Defcnitions. [For purposes of this section, C. Creation of local register of historic sites. A the following words shall have the meaning as- .local register of historic sites is hereby created as cribed to them in this subsection:] a means of identifying and classifying various Building. A structure created to shelter any sites, buildings, structures, objects and districts i form of human activity. This may refer to a house, as historic and/or architecturally significant. The barn, garage, church, hotel, or similar structure. local register will be kept by the director of public ~ Buildings may refer to a historically or architec- services. turally related complex, such as municipal build- ings, or a house and barn. Parking lots and D. Initiation of placement on local register. Place- garages are hereby deemed to be "buildings." ment of sites, buildings, structures, objects or districts on the local register may be initiated by Cultural resource. Asite, object, structure, build- the village council. In addition, placement maybe ing or district listed in the Village's register of initiated by the owner of the site, building, struc- historic sites. ture, object or area; or, in the case of a district, by Demolition. The tearing down or razing of twenty- the owner of a site, building, structure, object or five (25) percent or more of a structure's external area within the proposed district-. By adoption of walls this ordinance, those sites within the Village of North Palm Beach that have been classified as a District. A geographically definable area pos- "Florida historic site" by the Division of Archives, sessing a significant concentration, linkage, or History and Records Management, •Florida De- continuity of sites, buildings, structures, objects, partment of State, are hereby placed on the local or areas, which are united historically or aesthet- 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 Object. A material thing of functional, aes- on the local register: thetic, cultural, historical or scientific value that 1. A nomination form, available from the de- may be, by nature of design, movable, yet related partment of public services, shall be com- to aspecific setting or environment. pleted by the- applicant. and returned to the Ordinary maintenance. Work which does not department. require a construction permit and that is done to 2. Upon receipt of a completed nomination repair damage or to prevent deterioration or form, including necessary documentation, decay of a building or structure or part thereof as the director shall place the nomination on nearly as practicable to its condition prior to the the agenda of the next regularly scheduled damage, deterioration, or decay. meeting of the village planning commis- Original appearance. That appearance (except lion. If the next regularly scheduled meet- for color) which, to the satisfaction of the. village ing of the planning commission is too close council, closely resembles the appearances of ei- at hand to allow for the required notice to ther: be given, the nomination shall be placed on the agenda of the succeeding regularly sched- (1) The feature on the building as it was orig- uled meeting. finally built or was likely to have been built, 3. Adequate notice. of the planning or commission's consideration of the nomina- (l) The feature on the building as it presently tion shall be provided to the public at large, exists so long as the present appearance is and to the owner(s) of the nominated appropriate, in the opinion of the village property(ies), at least fifteen (15) days in council, to the style and materials of the advance of the meeting at which.the nom- building. ination will be considered by the council. / Supp. No. 12 2510.6 APPENDIX C-ZONING § 45-37 4. The planning commission shall, within thirty (30) days from the date of the meeting at which the nomination is first on the plan- ping commission agenda, review the nom- ination and write a recommendation thereon for consideration by the village council. The recommendation shall include specific find- ings and conclusions as to why the nomi- nation does or does not meet the appropri- ate criteria for listing on the local register. The recommendation shall also include any owner's objection to the listing. If the nom- ination is of a district, the recommendation shall also clearly specify, Supp. No. 12 2510.7 l ~Tt1TUTORY REFERENCE T~I.E 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 1.01 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 17-33 ch. 101 ~ 10-7 ch. 252 Qh.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. IV, § 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, Art. VI 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. 402 App. C, § 45-2 163.295 6-150 App. C, § 45-34.1 163.3161 et seq. Ch. 21, Art. II 402.302(4), " 163.3177 21-44 402.302(5) 17-33 163.3178 6-155 ch. 403 19-117 21-44 ch. 419 17-33 ch. 166 6-16 App. C, § 45-2 Ch. 24 ch. 472 App. B, Art. I, § 36-6 Ord. No. 2478 § 3 ch. 480 App. C, § 45-2 166.021 Ch. 17, Art. II 553.73 6-154 166.221 17-34 11-11 166.231 Ch. 26, Art. III 553.73(2} 6-2 ch. 170 21-2 561.01 3-1 170.01 Ch. 24 561.01 et seq. Ch. 3 ch. 175 2-167 563.01 3-1 175.101 26-17 564.01 3-1 ch. 177 App. B, Art. I, § 36-2 565.01 3-1 App. B, Art. II, § 633.35 .2-159 36-8 ch. 650 Ch. 2, Art. V, Div 2 App. B, Art. II, § 2-136 36-15 650.02 2-136 App. B, Art. IV, § ch. 760 App. C, § 45-2 36-27 ch. 847 App. C, § 45-20 ch. 185 2-167 870.041-870.048 8-16 Supp. No. 12 2819 NORTH PALM BEACH CODE \6 Section Section this Gode 872.05 2-104 943.14 2-159 943.25(13) 1-9 I [The next page is 2869) Supp. No. 12 2820 Ii I I CODE COMPARATIVE TABLE-ORDINANCES Adoption Section Ord. No. Date Section this Code 40-90 12-13-90 1 18-38 3-91 1-24-91 1 App. B, § 36-23 4-91 2-28-91 1 2-177(a) 6-91 3-14-91 1 Rpld App. C, § 45-20 7-91 3-14-91 1 App. C, § 45-36 16-91 4-11-91 1-12 2-170.01-2-170.11 17-91 4-25-91 1 2-174(a) 19-91 5-23-91 2 11-11 20-91 5-23-91 1 6-20 21-91 5-23-91 1(1)-(7) 12-101-12-107 23-91 6-27-91 1 Readopting Ordi- nance, p. ix 24-91 7-11-91 1 App. C, § 45- 35.2(B)(8) _ 33-91 10-24-91 1 9-21(c), (d) 34-91 11-14-91 1 14-30(b) 1-92 2-13-92 1-6 2-159-2-164 7 Rpld 2-165 g 2-166 9 Rpld 2-167 10 Added 2-167 11, 12 2-168, 2-169 3-92 2-27-92 1, 2 15-1, 15-2 5-92 4-23-92 1-6 20-61-20-66 6-92 5-28-92 I-VIII 21-101-21-108 8-92 6-25-92 1 ~ 18-34.1 13-92 9-10-92 1, 2 12-16, 12-17 14-92 9-10-92 2 6-17 3 Rpld 6-20 16-92 9-24-92 1 26-29 18-92 i0-22-92 1 14-30 4-93 1-14-93 1 2-149(c) 8-93 2-11-93 1 21-70 9-93 3-11-93 1 Rpld 10-58{b) 11-93 4-22-93 1 19-207-19-219 13-93 5-13-93 1, 2 9-21, 9-22 14-93 6-10-93 1 19-208 IS-93 7-22-93 1 9-17 2 9-19 20-93 9- 9-93 1 6=18 21-93 9- 9-93 1 6-18 23-93 9-23-93 1 26-29 24-93 10-14-93 1 Rpld 6-111-6-138 2 Added 6-111-&-117 25-93 10-14-93 1 18-34.1 27-93 12- 9-93 1 18-35 1-94 1-13-94 1, 2 17-1 2-94 2-10-94 1, 2 16-22, 16-23 5-94 3-10-94 1 6-117(I) 7-94 4-14-94 1 App. C, § 45-33(E)(9) 9-94 6- 9-94 1 2-146 2 2-148(e) 13-94 8-11-94 1 6-111(G)(2) 2 6-113(B)(23) 3 6-115(C)(2) 14-94 8-11-94 2 11-11 _ 15-94 8-11-94 1 17-24 2 17-25 3 17-3$ 18-94 9-22-94 1---4 26-51-26-54 19-94 10-13-94 1 14-30(2) Supp. No. 12 2883 NORTH PALM. BEACH CODE Adoption Section Ord. No. Date Section this Code 21-94 10-27-94 1 1-9 1-95 1-12-95 1 App. C, § 45-33(G) 2-95 1-26-95 1-9 17-2 6-95 3- 9-95 1 2-161(d) 8-95 3-23-95 1 App. C, § 45-34.1 10-95 3-23-95 1 App. C, § 45-2 11-95 3-23-95 1 App. C, § 45-16 12-95 3-23-95 - 1 2-148(a) 2 2-148(d) 13-95 3-23-95 1 2-157 15-95 5-11-95 1 2-170 16-95 6-22-95 1 16-17 17-95 6-22-95 1 20-62(a) 2 20-62(e) 18-95 7-13-95 1 App. C, § 45-34.1(4) 2 App. C, § 45-34.1(10)c. 19-95 7-13-95 1 App. A, § III 20-95 7-27-95 1 App. C, § 45-36(N) 21-95 7-27-95 1 2-3 22-95 7-17-95 1 App. C, § 45-20 23-95 7-17-95 1 App. C, § 45-2 24-95 7-17-95 1 - App. C, § 45-33(A) 25-95 7-17-95 1 App. C, § 45-34(A) 26-95 8-24-95 1 App. C, § 45-17(3)(a) 29-95 9-28-95 1 App. C, § 45-2 2 App. C, § 45-27(A)(8), (9) 30-95 10-12-95 1, 2 2-159 3 2-161(a)(1) 4 2-163(a)(1) 31-95 10-26-95 1 2-4 36-95 12-14-95 1 5-84(5) 2 5-84(8) 37-95 12-14-95 1 App. C, § 45-20(1) 2 App. C, § 45-20(2) 3 App. C, § 45-20(4) 4 App. C, § 45-20(7) 5 App. C, § 45-20(8) 6 Added App. C, § 45-20(9) 7 Added App. C, § 45-20(10) 8 Rnbd App. C, § 45-20(9) as App. C, § 45-20(11) 1-96 1-11-96 1 Rpld App. C, § 45-34.1(9) 4-96 1-25-96 1 3-2 5-96 1-25-96 1 18-38 6-96 1-25-96 1 App. C, § 45-20(5) 8-96 2- 8-96 1 14-30(2) 12-96 3-28-96 1 2-146 2 2-158 15-96 4-25-96 2 6-17 Rpld .6-18 18-96 5- 9-96 1 2-175 2 2-176 3 2-178 4 Added 2-179 5 Rnbd 2-179 as 2-180 6 .Rnbd 2-180 as 2-181 Amnd 2-181 19-96 5-23-96 1 18-34.1 Supp. No. 12 2884 CODE COMPARATIVE TABLE-ORDINANCES Adoption Section Ord. No. Date Section dais 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) [The next page is 2933] Supp. No. 12 2885 i i CODE INDEX Section Section A ALARMS-Contd. Audible alarms 19-216 ABANDONMENT Code enforcement board, enforcement Abandoned, inoperative and junked prop- through 19-217 erty 14-37 et seq. Definitions 19-207 See: GARBAGE AND TRASH Exemptions 19-218 Boats False alarms Boat launching azea; abandoned boats Excessive false alarms declazed public and equipment 5-36,5-37 nuisance......................., 19-212 Generally 5-8 Service charge; collection 19-213 Dogs, other animals 4-10 Fire division equipment; fire alarm system 12-53 Identification required 19-215 ACTS BY AGENTS System standards . . 19-219 Definitions and rules of construction 1-2 Telephone trunk lines Interference with public safety depart- ADMINISTRATIVE CODE went telephone trunk lines prohib- Bonds required of certain officers 2-42 ited 19-215 Defimition 2-39 Violation and penalty 19-214 Departmental organization 2-40 Oaths of office ALCOHOLIC BEVERAGES Chief administrator and officers, form of Consumption on playgrounds and public oath 2-41(b) pazks._........................... 3-3 Members of department of public safety, Sales restricted; hours of sale 3-2 form of oath 2-41(c) State law definitions adopted , 3-1 Persons required to take oath of office . 2-41(a) Zoning Policy and procedures Location of business for retail sales of Department heads 2-43(b) alcoholic beverages.............. 45-20(2), 45- Departments..:........._............ 2-43(c) 36.N Offivers 2-43(a) C-3 Regional Business District...... 45-34.1(9) ADULT ENTERTAINMENT ESTABLISH- MENTS AMBULANCES Zoning regulations re. See: ZONING (Ap- Definition 17-50 pendix C) Unlawful operation 17-51 ADVERTISING AMUSEMENTS AND AMUSEMENT PLACES Handbills; distribution restricted......... 19-7 Coin-operated amusements; proximity to Noise control policy re loudspeakers and schools restricted 19-4 devices for advertising 19-105 Signs and outdoor displays 6-111 et seq. See: SIGNS AND BILLBOARDS AND, OR Definitions and rules of construction 1-2 AFFIDAVITS Home occupations; occupational licenses ANIMALS AND FOWL Affidavit of applicant required......... 17-2(e) Abandoning 4-10 Birds AFFIRMATION. See: OATH, AFFIRMATION, Molesting songbirds 4-9 SWEAR OR SWORN Village designated bird sanctuary; hunt- ing prohibited 4-2 AGREEMENTS. See: CONTRACTS AND Cats. See herein: Dogs and Cats AGREEMENTS Code enforcement boazd, applicability re.. 2-173 Contagious diseases, animals with 4-11 ALARMS Cruelty to .animals 4-7 Alarm business central office required.... 19-215 Definitions 4-1 Alarm permit required 19-208 Dogs and cats Application for 19-209 Collar and tag Issuance 19-211 Required.......................... 4-25 Terms; fees; nontransferable 19-210 Unauthorized removal 4-26 Supp. No. 12 2935 NORTH PALM BEACH CODE f Section Section ANIMALS AND FOWL-Contd. APPEARANCE PLAN (Appendix A)-Contd. Impoundment Miscellaneous structures and street hazd- II Disposition upon owner's failure to ware IV(F) redeem 4-30(d) Signs................................ IV(E) ~ Notice 4-30(b) Definitions...................:.......... VIII Redemption by owner 4-30(c) Maintenance for good appearance Required 4-30(a) Buildings and appurtenances........... VII(B) Inoculation 4-24 Public property....................... VII(C) Prohibited in certain areas; exceptions. 4-27 Site VII(A) Rabies control. See herein that subject Participation and incentives VI Registration 4-24 Statement of policy II Running at large Cats 4-28(c) ARCHAEOLOGICAL SITE PROTECTION Dogs on property of others.......... 4-28(b) Appeals 21-107 Dogs on streets and sidewalks 4 28(a) Applicability 21-102 Vicious, biting and attacking dogs 4-29 Archaeological review, development sub- Waste removal jectto 21-104 Persons walking dogs responsible for Certificate to dig 21-105 removal of waste 4-31 Cost..............:.................... ~ 21-106 Waste-removal implements, persona Definitions 21-103 walking dog to carry........... 4-32 Hearing 21-108 Enforcement Intent 21-101 General enforcement 4-5 Purpose................................ 21-101 Hindering enforcement 4-4 Violations and penalties................. 21-108 Fight, causing animals to.....:.......:.. 4-8 Keeping certain animals prohibited; excep- ASSEMBLIES tion 4-6 Civil disorders and disturbances; mayor Killing 4-3 designated local authority for preser- Molesting songbirds or domestic pets..... 4-9 vation of public peace 8-16 Noise control policy re animal noises 19-107 Meetings of boards and commissions; ad- Nuisances, animals creating 4-12 journment of 2-3 Poisoning 4-3 Meetings. of specific boards, etc. See spe- Rabies control cific subjects Death or destruction, reporting........ 4-46 Park and recreation area; meetings and Muzzles; whey required 4-45 gatherings......................... 20-22 et seq. Rabid animals See: PARKS, PLAYGROUNDS AND Confinement 4-43 RECREATION Duty to report; impounding......... 4-44 Nuisance,.. declared 4-42 ATLANTIC OCEAN Bulkheads and seawalls; regulations gov- ANNEXATION erning construction 5-84 Planning and development; filing fees and cost for voluntary annexation of laad 21-2 $ APPEARANCE PLAN (Appendix A) BATHING (Note~ection citations contained herein Diseased persons prohibited from bathing refer to section citations found within in public pools, etc 19-3 Appendix A) Administration V BICYCLES Areas of jurisdiction III Pazk regulations........................ 20-6 Basis I Subdivisions, required improvements re Criteria for appearance bikeways 36-29.1 Building and. site to adjoining azea, re- lationship of 1V(B) BILLBOARDS. See: SIGNS AND BILL- Building design IV(D) BOARDS Buildings to site, relationship of....... IV(A) Evaluation, factors for IV(H) BIRDS. See: ANIMALS AND FOWL Landscape and site treatment 1V(C) Maintenance-planning and design fac- BLOCKS tors 1V(G) Subdivision design standards............ 36-18 / Supp. No. 12 2936 i CODE INDEX Section Section BOARDS, COMMITTEES AND COMMIS- BOATS, DOCKS AND WATERWAYS-Contd. SIONS. See: DEPARTMENTS AND Exhibition boats exempted from certain OTHER AGENCIES OF VILLAGE restrictions 5-4 Flood damage prevention provisions...... 12.5-1 et seq. BOATS, DOCKS AND WATERWAYS See: FLOOD DAMAGE PREVENTION Health and sanitation requirements Abandoned boats 5-8 Cleanliness of docks.................. 5-11 Authority of city to board boats violating Observance of village health and con- - provisions 5-16 duct rules....................... 5-10 Boat launching area Pollution of waterways 5-13 Abandoned boats and equipment Refuse disposal 5-12 Disposition 5-36 Living aboazd boats restricted 5-15 Recovery......... 5-37 Marine sanctuaries Designated; use restricted 5-33 Designation of waters as marine sanctu- Permits required 5-35 aries Repairs prohibited 5-34 Area to be regulated 5-101(c) Bulkhead lines 7-1 et seq. Areas designated 5-101(b) See: BULKHEAD LINES Construction of provision 5-101(d) Coastal construction code 6-151 et seq. Definition 5-101(a) See: COASTAL CONSTRUCTION CODE Parking Code enforcement board, applicability re.. 2-173 Boating equipment; parking on residen- Construction requirements tial property restricted........... 18-35 Bulkheads and seawalls Prohibited parking for vehicle, trailer or Compliance with provisions required 5-69 boat upon paved or unpaved area Inspection required 5-73 of the road right-of-way of specific .Permit fee...... 5-72 roadways 18-34.1 Specifications 5-71 Private docks, mooring without permission 5-9 .Submission of plans and specifics- Running engines, hours in residential dis- tiona 5-70 tricts.............................. 5-14 Canals Seazchlights, use of 5-7 Canal crossings 5-60 Speed limits; wakes 5-2 Compliance with provisions required 5-56 Subdivision provisions re waterways 36-22 et seq. Drainage canals 5-59 See: SUBDIVISIONS (Appendix B) General requirements 5-57 Swimming in restricted waters 5-3 Navigation canals 5-58 Water skiing............................ 5-5 Surety bond prerequisite to issuance BOISTEROUS CONDUCT of building permit in certain , , , , , . 19-106 cases 5-61 Noisy and boisterous............ Docks and piers _ Construction in waters other than BONDS Lake Worth and Atlantic Ocean, Administrative code; bonds required of cer- regulations governing......... 5-84 tain officers 2-42 Definitions 5-81 Canal construction; surety bond prerequi- Generall site to issuance of buildin rmit... 5-61 y 5-82 g ~ Lake Worth .and Atlantic Ocean, reg- Finance director, duties re 2-59(7) ulations governing construction Treasure's duties re proceeds of bonds 2-51(5) in 5-85 Village manager........................ 2-117 Minimum design requirements...... 5-83 Variances 5-86 BRUSH. See: WEEDS AND BRUSH Erosion control structures Construction 5-95 BUILDINGS Control 5-96 Appearance code Definitions 5-93 .Appeals and review................... 6-35 Permitted, when....... 5-94 Appeazance plan 6-33 Piers. See within this subheading: Docks Certificate of appropriateness . and Piers Final heazings 6-57 Seawalls. See within this subheading: Follow-up by building inspector 6-60 Bulkheads and Seawalls Planning commission Definitions 5-1 Action of........................ 6-58 Disturbing other boats 5-6 Approval by..................... 6-59 Supp. No. 12 2937 NORTH PALM BEACH CODE Section Section BUILDINGS--Contd. BUILDINGS-Contd. Preliminary consideration 6-56 Zoning regulations 45-1 et seq. Definition 6-31 See: ZONING (Appendix C) Intent and purposes 6-32 Planning commission, powers and du- BULKHEAD LINES ties re 6-36 Code enforcement board, applicability re.. 2-173 Short title 6-30 Established; designated 7-1 Appeazance plan (Appendix A). See that .Filling operation beyond bulkhead line pro- subject hibited 7-2 Coastal construction code 6-151 et seq. Filling permit See: COASTAL CONSTRUCTION CODE Application fees . 7-19 Code enforcement boazd, applicability re.. 2-173 Application; issuance 7-18 Codes Expiration date; renewal; revocation 7-20 Appeazance code. See herein that sub- Public hearing prerequisite to consider- ' ject ation 7-17 Coastal construction code 6-151 et seq. Required............................. 7-16 Electrical code 11-11, 11-12 Unlawful fill; removal 7-3 Energy efficiency building code 6-150 Fire prevention code 12-16, 12-17 BULKHEADS Housing code 15-1, 15-2 Bulkheads and seawalls, construction re- Minimum construction standazds quirements re 5-69 et seq. Codes adopted 6-17 See: BOATS, DOCKS AND WATER- Country club 9-1 et seq. WAYS See: COUNTRY CLUB Electrical code 11-11, 11-12 BUSINESS REGULATIONS Energy efficiency building code Ambulances 17-50, 17-51 Adopted by reference 6-150 Businesses located outside village limits Fire district 6-3 Application for certificate of regulation. 17-34.2 Flood damage prevention 12.5-1 et seq: Certificate of business regulation re- See: FLOOD DAMAGE PREVENTION quired; basis of one yeaz 17-34 Handicapped persons Commercial vehicles, marking of 17-34.13 Accessibility to buildings; state law Compliance by principal deemed compli- adopted.... 6-2 ance by agent 17-34.8 ' Housing code 15-1, 15-2 Delinquency penalty.................. 17-34.4 Landscaping 27-31 et seq. Doing business not covered by certifi- See: LANDSCAPING cafe of regulation 17.34-7 Minimum construction atan_dards Duplicate certificates of regulation..... 17-34.6 Authority 6-16 Duration....... 17-34.3 Codes adopted 6-17 False statements Violations and penalty 6-19 ~ Certificate obtained void ab initio 17-34.7 Missiles, throwing 19-83 Engaging. in business without certifi- ' Noise from building 19-102 cafe of regulation or under cer- Obstructing passageway 19-47 tificate issued on.............. 17-34.11 Outdoor displays. See herein: Signs and Fee exemptions 17-34.10 Outdoor Displays Fee schedule 17-34.12 Park and recreation facilities; erecting build- Half-year certificate 17-34.3 inga or structures 20-3 Issuance of certificate................. 17-34.3 Public land, construction on prohibited 6-1 Noncompliance of principal............ 17-34.8 Public services department; division ofper- Nonprofit enterprise, special permit for 17-34.5 wits and inspections 2-85(1) Refund of fee......................... 17-34.9 Signs and outdoors displays 6-111 et seq. Registration required................. 17-34.1 $ee: SIGNS AND BILLBOARDS Renewal 17-34.4 Smoke, dust, odors, liquids, etc........... 19-9 Suspension or revocation of certificate . 17-34.9 Spitting in public places prohibited....... 19-5 When due and payable 17-34.3 Stormwater management; level of finished Garage and other sales 17-61 et seq. floor of structures 21-63 See: GARAGE AND OTHER SALES Subdivision regulations 36-1 et seq. Home occupations....................... 17-2(a) et seq. See: SUBDIVISIONS (Appendix B) See: HOME OCCUPATIONS Swimming pools 25-1 et seq. Occupational licenses 17-16 et seq. See: SWIMMING POOLS See: LICENSES AND PERMIT Supp. No. 12 2938 CODE INDEX Section Section BUSINESS REGULATIONS-Contd. COASTAL CONSTRUCTION CODE--Contd. Wellfield protection Nonhabitable major structures, atruc- Regulation of business activities with tural requirements for 6-155(2) potential to contaminate land and Public access 6-155(5) water resources 19-221 Definitions............................. 6-154 Zoning Flood damage prevention 12.5-1 et seq. Location of business for retail sales of See: FLOOD DAMAGE PREVENTION alcoholic beverages 45-20(2),45- purpose.. 6-152 36.N References 6-156 C-3 Regional Business District...... 45-34.1(9) Scope Applicability 6-153(a) C Exceptions 6-153(b) Permits, application for 6-153(c) CABLE TELEVISION. See: TELEVISION ~ Title 6-151 CAMPING Recreational, boating and camping equip- CODE ENFORCEMENT BOARD ment; parking oa residential property Alarm regulations, enforcement re 19-217 restricted 18-35 Applicability. 2-173 Declazation of legislative intent.......... 2-171 CANALS Definitions 2-172 Construction requirements 5-56 et seq. Enforcement procedure.................. 2-175 See: BOATS, DOCKS AND. WATER- Fines; liens WAYS Appeals 2-180 Copies of orders imposing fines........ 2-178(d) CATS Determination of amount of fine....... 2-178(b) Regulations enumerated 4-24 et seq. Duration of lien 2-179 See: ANIMALS AND FOWL Generally 2-178(a) Notices 2-181 CERTIFICATES Reduction of fine 2-178(c) Appeazance code; certificate of appropriate- Hearing, conduct of 2-176 ness 6-56 et seq. Organization See: BUILDINGS Attorney 2-174(c) Businesses located outside village limits, Officers; quorum; compensation 2-174(b) certificate of business regulations re. 17-34 et seq. (qualifications and term................ 2-174(a) See: BUSINESS REGULATIONS Powers 2-177 Historic site overlay district; certificate of appropriateness 45-37(H) CODE OF ORDINANCES* CIVIL DISORDERS AND DISTURBANCES Altering Code 1-7 Mayor designated local authority for pres- Amendments 1-6 ervation of public peace 8-16 Catchlines 1-3 Court cost CLERK Assessment of additional court costs for Department of records, provisions re vil- criminal justice education expendi- lage clerk and deputy village clerk 2-67 et seq. tures 1-9 See: DOCUMENTS AND PUBLIC Definitions and rules of construction 1-2 RECORDS Designated and cited 1-1 References to chapters or sections........ 1-3 CLUBS Repeal of ordinances, effect o£ 1-4 Country club 9-1 et seq. Severability of parts 1-5 See: COUNTRY CLUB Village clerk, duties re recording ordi- nances 2-67(3) COASTAL CONSTRUCTION CODE Violations and penalty 1-8 Coastal construction requirements Location of construction 6-155(4) *Note-The adoption, amendment, repeal, omissions, effec- Major structures, structural require- tive date, explanation of numbering system and other matters ments for 6-155(1) pertaining to the use, construction and interpretation of this Minor structures, structural require- Code are contained in the adopting ordinance and preface ments for 6-155(3) which are to be found in the preliminary pages of this volume. Supp. No. 12 2939 i NORTH PALM BEACH CODE Section Section COIN-OPERATED AMUSEMENTS D Proximity to schools restricted 19-4 DEPARTMENTS AND OTHER AGENCIES COMMITTEES, COMMISSIONS. See: DE- OF VILLAGE ' PARTMENTSAND OTHERAGENCIES Administrative code 2-39 et seq. OF VILLAGE See: ADMINISTRATIVE CODE Appearance board. See: APPEARANCE COMMUNICATIONS PLAN (Appendix A) Telecommunications service tax.......... 26-51 et seq. Code enforcement boazd 2-171 et seq. See: TAXATION Committees and boazds generally; resi- dency requirement's 2-1 Country club administrative board 9-16 et seq. COMPUTATION OF TIME See: COUNTRY CLUB Definitions and rules of construction 1-2 Finance, department of 2-59 See: FINANCES CONCURRENCY MANAGEMENT Fire and police retirement board of trust- Provisions enumerated..... 21-41 et seq. ees 2-164 et seq. See: PLANNINGAND DEVELOPMENT See: PENSIONS AND RETIREMENT Fire division 12-29 et seq. See: FIRE PREVENTION AND PRO- - CONTRACTS AND AGREEMENTS TECTION Finance director, duties re contracts...... 2-59(3), (7) General employees retirement boazd 2-151 et seq. See: PENSIONS AND RETIREMENT COUNCIL. See: VILLAGE COUNCIL Library boazd 16-16 et seq. Library, department of 2-93 COUNTRY CLUB Meetings of boazds and commissions; ad- Administrative board journment of . 2-3 Compensation 9-19 Meetings of specific boards, etc. See spe- r Composition 9-17(a) cific subjects t Created 9-16 Planning and development boazd of adjust- Duties went 21-21 Finances 9-21(c) Planning commission.................... 21-11, 21-12 Management and administration.... 9-21(a) Public safety, department of 2-75, 2-76 Rules and regulations 9-21(b) See: PUBLIC SAFETY DEPARTMENT Meetings 9-20 Public services, department of 2-84, 2-85 Officers' quorum 9-19 See: PUBLIC SERVICES DEPART- Removal 9-1~ MENT Terms 9-17(b) Records, department of.................. 2-67 et seq. Vacancies 9-17(c1 See: DOCUMENT AND PUBLIC Village manager 9-22 RECORDS Finances Recreation department 2-110 Delinquent accounts; penalties 9-32 Recreation advisory boazd 20-61 et seq. Premises See: PARKS, PLAYGROUNDS AND Disfiguration. and/or removal of building RECREATION or other property 9-1(1) Reserve police force..................... 23-42 et seq. Enforcement 9-2 See: POLICE Hours 9-1(2) Treasury depaztment of 2-51 Signs 9-2 See: TREASURY DEPARTMENT Violations and penalties 9-2 Village council 2-16 et seq. COUN~y DEVELOPMENTS. See: PLANNINGAND DE- Definitions and rules of construction 1-2 VELOPMENT COURTS DISABLEDAND HANDICAPPED PERSONS Court cost Buildings Assessment of additional court costs. for Accessibility to handicapped persons; criminal justice education expendi- state law adopted 6-2 tares 1-9 Parking violations re handicap spaces.... 13-37 Sapp. No. 12 2940 I I CODE INDEX Section Section DISTRICTS ELECTIONS=Contd. Fire districts 6-3 Clerks. See herein: Inspectors and Clerk Zoning regulations 45-16 et seq. General elections, notice of 10-3 See: ZONING (Appendix C) Inspectors and clerk Appointment 10-58 DISTURBANCES. See: CIVIL DISORDERS Compensation 10-61 AND DISTURBANCES Fillin vacan g cy 10-60 Good order, duty to maintain and report DOCKS. See: BOATS, DOCKS AND WATER- violations 10-62 WAYS Instruction prior to election 10-64 DOCUMENTS AND PUBLIC RECORDS Oath required 10-59 Department of records Organization . 10-63 Deputy village clerk Polling place Appointment 2-68 Designated........................... 10-76 Duties 2-69 Policeman to be present............... 10-77 Village clerk; duties Protest of election returns; inspection .by Election records, keeping........... 2-67(5) canvassing boazd 10-12 Expiration of term, notice-of........ 2-67(7) Special elections Official seal, keeping 2-67(8) Notice of............................. 10-4 Record ordinances 2-67(3) When held........................... 10-2 Village wuncil State laws Keep records of council 2-67(2) Applicable state laws adopted 10-1 Public council action 2-67(4) Voting machines may be used; state law Serve as clerk of wuncil 2-67(1) applicable 10-7 Vital statistics, keeping 2-67(6) Village clerk, duties re keeping election Police division, duties re records 2-76(b)(1) Treasurer's duties re examination ofdepart- records . . . . . . 2-67(5) mental books 2-51(2) Village council to wnstitute canvassing Village clerk and deputy village clerk. See board 10-11 herein: Department of Records Voting machines may be used; state law aPPlicable 10-7 DOGS Regulations enumerated 4-24 et seq. See: ANIMALS AND FOWL ELECTRICAL CODE Amendments, corrections, additions 11-12 DRAINAGE Code and county amendments adopted 11-11 Stormwater management 21-61 et seq. Code enforcement board, applicability re.. 2-173 See: STORMWATER MANAGEMENT Subdivision design standazds re easements and rights-of--way 36-22(b) ELECTRICITY Zoning; surface water management Swimming pools; electrical equipment 25-8 C-3 Regional Business District 45-34.1(8) DROUGHT ELECTRONIC AUDIO EQUIPMENT Water shortage emergencies 19-200 et seq. See: WATER SHORTAGE EMERGEN- Noise control 19-104 CIES EMERGENCIES E Ambulances 17-50, 17-51 ELECTIONS Civil disorders and disturbances Ballots Mayor designated local authority for pres- Direction for preparation 10-8 ervation of public peace.......... 8-16 Public measure 10-10 Fire division............................ 12-29 et seq. Specifications; general and runoff elec- See: FIRE PREVENTION AND PRO- tions 10-9 TECTION Candidacy Water shortage emergencies 19-200 et seq. Candidates for office; qualifying 10-5 See: WATER SHORTAGE EMERGEN- Preservation of notice of candidacy 10-6 CIES Supp. No. 12 2941 i NORTH PALM BEACH CODE Section Section EMPLOYEES. See: OFFICERS AND EM- FINANCES-Contd. PLOYEES Pension and certain other benefits for fire and police employees 2-159 et seq. ENCLOSURES. See: FENCES, WALLS, Pension and certain other benefits for HEDGES AND ENCLOSURES general employees 2-146 et seq. Planning and development; filing fees and ENERGY EFFICIENCY BUILDING CODE cost for changes 21-1, 21-2 Adopted by reference 6-150 Social security.......................... 2-T36 et seq. See: SOCIAL SECURITY ENGINE EXHAUST Taxation. See that subject Noise control policy 19-108 Treasury, depaztment of................. 2-51 See: TREASURY DEPARTMENT EROSION CONTROL STRUCTURES Construction regulations 5-93 et seq. FINES, FORFEITURES AND OTHER PEN- See: BOATS, DOCKS AND WATER- ALTIES WAYS Code enforcement board; fines and liens 2-178 Code of ordinances, provisions re general EXCAVATIONS penalty and continuing violations 1-8 Bulkhead lines 7-1 et seq. Parking violation 18-37, 18-38 See: BULKHEAD LINES Pension and certain other benefits for fire Stormwater management 21-61 et seq. and police employees See: STORMWATER MANAGEMENT Boazd of trustees for; forfeiture of mem- Street excavations 24-16 et seq. bership on board for absenteeism. 2-164(b) See: STREETS, SIDEWALKS AND PUB- Contributions; forfeitures. 2-163(d) LIC PLACES FIRE DISTRICT ' EXCRETA Property within village designated 6-3 Dog waste, removal provisions re 4-31, 4-32 FIRE PREVENTION AND PROTECTION F Code enforcement boazd, applicability re.: 2-173 Department of public safety, .provisions re FENCES, WALLS, HEDGES AND ENCLO- fire division 2-76(c) SURES See: PUBLIC SAFETY DEPARTMENT Landscaping 27-31 et seq. Fire division See: LANDSCAPING Composition 12-30 Swimming pool requirements 25-37, 25-38 Created; functions 12-29 Emergency medical technician volun- FINANCES teens 12-32 . Budget procedures 2-2 Equipment Country club,. provisions re 9-21(c), 9-32 Acquisition 12-52 Court cost Fire alarm system 12-53 Assessment of additional court costs for Generally 12-51. criminal justice education expendi- Housing 12-54 tares 1-9 Private use of equipment 12-55 Department of fiaance Tampering with equipment 12-56 Finance director; duties Impersonating fireman 19-8 Audit accounts 2-59(1) Motor equipment and members' cazs des- Budget duties 2-59(4) ignated emergency vehicles 12-31 Certify contracts 2-59(3) Personnel Custodian of bonds, contracts, etc... 2-59(7) Badges 12-41 Financial statements 2-59(5) Car insignia....................... 12-42 Keep accounts 2-59(6) Other officers accountable to chief... 12-39 Prescribe form 2-59(2) Police assistance................... 12-43 Investments Special police powers 12-40 Allowable investment activity for village Volunteer firefighters, length of service funds 2-4 award plan for.................. 2-170 et seq. Pensions and retirement. See also that See: PENSIONS AND RETIREMENT subject Fire prevention code Length of service award plan for volun- Adopted by reference 12-16 teen firefighters 2-170 et seq. Amendments......................... 12-17 i Sapp. No. 12 2942 I CODE INDEX Section Section FIRE PREVENTION AND PROTECTION- FLORIDA, STATE OF. See: STATE Confd. Hazardous substances, cost recovery for FOLLOWING, PRECEDING cleanup, abatement and removal of Definitions and rules of construction 1-2 Authority of public safety department.. 12-102 Cost reimbursement to village.. , 12-103 FORFEITURES. See: FINES, FORFEITURES Definitions . 12-101 AND OTHER PENALTIES Exceptions for fire suppression services 12-105 Late fee for failure to reimbursement 12-106 FOWL. See: ANIMALS AND FOWL Records 12-104 Remedies 12-107 FRANCHISES Pension and certain other benefits for fire Enumerated. See Appendix D and police employees 2-159 et seq. Use of rights-of--way for utilities.......... 28-1 et seq. See: PENSIONS AND RETIREMENT See: UTILITIES FIREARMS AND WEAPONS Concealed weapons, carrying 19-184 G Forfeiture; disposition 19-186 Possession 19-183 GAMBLING Sales restricted Animals, causing to fight 4-8 Record of sales required 19-185(c) Specified weapons, display and sale of . 19-185(b) GARAGE AND OTHER SALES Switchblade knives prohibited......... 19-185(a) Garage sales 17-61 Stench bombs prohibited 19-82 Permit required 17-62 See: STENCH BOMBS Violations and penalties 17-63 FLOOD DAMAGE PREVENTION GARBAGE AND TRASH Abrogation and greater restrictions 12.5-8 Abandoned, inoperative and junked prop- Areas of special flood hazazd erty Basis for establishment 12.5-7 Definitions........................... 14-37 Warnings regazding designations 12.5-10 Disposition of property 14-48 Building official Hearing Designated as flood damage control ad- Procedure for hearing 14-45 ministrator 12.5-21 Request for heazing................ 14-44 Duties and responsibilities 12.5-23 Impounded property, redemption of 14-51 Definitions 12.5-5 Liability of owner or occupant......... 14-52 Development permit Notices Required 12.5-22 Content of notice 14-42 Findings of fact 12.5-2 Contents of public sale notice....... 14-49 Flood hazard reduction provisions Notice of removal . 14-47 Coastal high hazard areas 12.5-44 Notice to remove 14-4C General standazds Procedure 14-41 Anchoring 12.5-41(1) Prima facie evidence of violation....... 14-39 Construction materials and methods 12.5-41(2) Prohibited conditions; enumerated ex- Enclosures below lowest floor , 12.5-41(6) ceptions 14-3E Mechanical and utility equipment... 12.5-41(5) Public sale . 14-50 Subdivision proposals 12.5-41(4) Removal of property from premises 14-46 Utilities 12.5-41(3) Responsibility for removal 14-43 Regulatory floodways 12.5-43 Boats; refuse disposal................... 5-12 Sand dunes and mangrove stands 12.5-45 Gazbage collection and disposal Specific standards Charges Nonresidential construction......... 12.5-42(2) Commercial use property waste dis- Residential construction............ 12.5-42(1) posal fees and collection proce- Interpretation 12.5-9 dares 14-30 Lands to which provisions applies........ 12.5-6 Fee for excess amounts from commer- Methods of reducing flood losses 12.5-4 cial establishments 14-28 Noncompliance, penalties for 12.5-11 Generally 14-27 Statement of purpose and objectives...... 12.5-3 When and where paid 14-29 Statutory authorization 12.5-1 Definition............................ 14-23 Variance procedure 12.5-24 Frequency of collection................ 14-2E Sapp. No. 12 2943 'i NORTH PALM BEACH CODE Section Section GARBAGE AND TRASH-Contd. HOME OCCUPATIONS Gazbage cans Definitions 17-2(b) Kept covered 14-25 Effective date........................... 17-2(i) Required 14-24 Occupational licenses. See also that subject Landscaping; refuse container azeas...... 27-41 Generally 17-16 et seq. Public services department Home occupation provisions Refuse disposal division 2-85(5) Affidavit of applicant required...... 17-2(e) Weeds and brush 14-79 et seq. Appeals........................ 17-2(g) See: WEEDS AND BRUSH Requirement of occupational license. 17-2(c) Permitted uses, home occupations as 17-2(a) GATHERINGS. See: ASSEMBLIES Repeal of ordinances 17-2(h) Standards 17-2(d) GENDER Violation of standazds or conditions deemed Definitions and rules of construction 1-2 a Code violation 17-2(f) GUNS. See: FIREARMS AND WEAPONS HORNS Noise control 19-103 H HOUSING CODE HANDBILLS Adopted by reference 15-1 Distribution restricted 19-7 Amendments 15-2 ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' Code enforcement boazd, applicability. re.. 2-173 HANDGUNS. See: FIREARMS AND WEAP- ONS I HANDICAPPED PERSONS. See: DISABLED IMPERSONATION AND HANDICAPPED PERSONS Impersonating police officer; fireman or other village official 19-8 HAZARDOUS SUBSTANCES Recovery of costs for cleanup, abatement IMPOUNDMENT and removal 12-101 et seq. Abandoned, inoperative and junked prop- ' See: FIRE PREVENTION AND PRO- erty TECTION Redemption of impounded property 14-51 Dogs and cats 4-30 HEALTH AND SANITATION Animals and fowl, provisions re 4-11 et seq. INDECENCY AND OBSCENITY See: ANIMALS AND FOWL Adult entertainment establishments Bathing regulations Zoning regulations re. See: ZONING (Ap- Diseased persons prohibited from bath- pendix C) ing in public pool, etc............ 19-3 Topless costumes 19-64 Boats, docks, etc., provisions re 5-10 et seq. Vulgaz language 19-65 See: BOATS, DOCKS AND WATER- Window peeping 19-66 WAYS Code enforcement boazd, applicability re.. 2-173 INSURANCE EXCISE TAXES Garbage and trash 14-23 et seq. Casualty insurance premiums 26-16 See: GARBAGE AND TRASH Property insurance premiums............ 26-17 Park and recreation facilities; failure to cooperate in keeping restrooms neat INTRACOASTAL WATERWAY or sanitary 20-2 Marine sanctuary, designation as 5-101 Rabies control 4-42 et seq. See: ANIMALS AND FOWL INVESTMENTS Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH Allowable investment activity for village funds 2-4 HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES J HITCHHIKING JOINT AUTHORITY Prohibitions 19-6 Definitions and rules of construction 1-2 Supp. No. 12 2944 I . CODE INDEX Section Section JUNK LANDSCAPING-Contd. Abandoned, inoperative and junked prop- Planning commission, submission of plans erty.. 14-37 et seq. to 27-40(d) See: GARBAGE AND TRASH Objectives 27-32 Off-street parking landscape manual 27-38 H Plot use plan approval prerequisite to issu- ance of permits for building and pav- KNIVES. See: FIREARMS AND WEAPONS ing 27-37 Refuse container areas 27-41 Scope; applicability 27-34 L Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH LAKE WORTH Zoning ordinance, conflict with........... 27-39 Bulkheads and seawalls; regulations gov- erring construction 5-84 Marine. sanctuary, designation as 5-101 LIBRARY Damaging property unlawful 16-1 LAND Department of library Buildings; construction on public land pro- Librarian 2-93 hibited 6_1 Library boazd Planning and development 21-01 et seq. Appointment......................... 16-17 See: PLANNINGAND DEVELOPMENT Compensation, service without 16-20 Subdivision regulations 36-1 et seq. Composition 16-17 See: SUBDIVISIONS (Appendix B) Established i6-16 Meetings 16-23 LANDSCAPING Organization 16-21 Accessways 27-36 Powers and duties.................... 16-22 Appeazance plan (Appendix A). See that Qualifications 16-19 subject Removal from office 16-24 Application of provisions; enforcement.... 27-33 of office 16-17 Certain yard areas, off-street pazking and Vacancies 16-18 other vehicular use azeas Existing plant material 27-67 LICENSES AND PERMITS Installation 27-60 permit........................,,, 19-208 etaeq. Maintenance 27-61 See: ALARMS Parking area interior landscaping 27-65 Boat launching azea permits 5-34 Perimeter landscaping relating to abut- Bulkhead lines; filling permit............ 7-16 et seq. ting properties 27-64 Plant material See: BULKHEAD LINES Ground covers 27-62(e) Bulkheads and seawalls................. 5-72 27-62(f) Code enforcement boazd, applicability re.. 2-173 Lawn grass........ Driveways. See herein: Sidewalk and Drive- Quality 27-62(a) Shrubs and hedges.................. 27-62(c) way Permits Tree species 27-62(b) Flood damage prevention development per- Vines 27-62(d) mit............................... 12.5-22 Required landscaping adjacent to public Gazage, related sales 17-62 rights-of-way 27-63 Home occupations. See also that subject Scope, applicability 27-59 Generally............................ _ 17-16 et seq. Sight distance adjacent to public rights- Occupational license for home occu- of-way and points of access....... 27-66 pations 17-2(c) et seq. Certificate of completion 27-35 Noise control; .special permits excepted 19-119 Code enforcement board, applicability re.. 2-173 Occupational licenses Completed landscaping required for certif- Application for 17-18 irate of use and occupancy.......... 27-37 Commercial vehicles, marking of 17-33.1 Definitions 27-31 Compliance by principal deemed compli- Improved nonresidential properties in ex- ance by agent 17-29 istence on September 23, 1971 Delinquency penalty 17-20 Applicable requirements 27-40(b) Doing business not covered by license.. 17-28 Exceptions 27-40(c) Duplicate licenses.................... 17-27 Objectives 27-40(a) Duration............................. 17-19 Supp. No. 12 2945 NORTH PALM BEACH CODE Section Section ~ LICENSES AND PERMITS-Contd. IYI False statements Engaging in business without license MANAGER. Sees VILLAGE MANAGER or under license issued. on 17-32 License obtained by void ab initio 17-28 MANGROVE STANDS Half-year license 17-19 .Flood damage prevention provisions...... 12.5-45 . Home occupations. See also that subject Generally . . 17-16 et seq. MAPS. See: SURVEYS, MAPS AND PLATS Occupational license for home oc- cupations 17-2(c1 et seq. MARINE SANCTUARIES Issuance 17-19 Designated 5-101 Noncompliance of principal............ 17-29 MAY SHALL Nonprofit enterprise, special permit for 17-22 Definitions and rules of construction 1-2 Posted or carried, license to be 17-26 Refund of fee 17-30 MAYOR Registration required 17-17 Civil disorders and. disturbances; mayor Renewal 17-20 designated local authority for preser- Required; basis of one year............ 17-16 vation of public peace 8-16 Specified professions, how tax construed Village council; presiding officer at meet- as to 17-21 ings............................... 2-18 Suspension or revocation 17-30 Tax exemptions 17-31 MEASURES. See: WEIGHTS AND MEA- Tax schedule 17-33 SURES Transfer of license New location 17-25 MEETINGS. See: ASSEMBLIES New owner 17-24 Variable factors within applicant's knows- MISSILES, STONES, ETC. edge, declaration where fee de- Throwing missiles 19-83 panda on 17-23 When due and payable 17-19 MONTH Park and recreation facilities; meeting and Definitions and rules of construction 1-2 gathering permits 20-31 et seq. See: PARKS, PLAYGROUNDS AND MONUMENTS RECREATION Subdivisions, required improvements re 36-27 Public services department, division of per- mits and inspections 2-85(1) MOTOR VEHICLES AND TRAFFIC Seawalls. See herein: Bulkheads and Sea- Ambulances 17-5Q 17-51 walls Businesses located outside village limits; Sidewalk and driveway permits 24-55 et seq. mazking of commercial vehicles 17-34.13 See: STREETS, SIDEWALKS AND PUB- Fire division, provisions re cars and desig- LIC PLACES noted emergency vehicles........... 12-31 et seq. Street excavation permits 24-28, 24-29 See: FIRE PREVENTION AND PRO- Swimming pool construction permit 25-23, 25-24 TECTION Treasure's duties re permits and licenses . 2-51(11) Hitchhiking prohibited 19-6 Utilities Junked vehicles Abandoned, inoperative and junked prop- Use. ofrights-of--way for utilities; written permit . 28-2; 28-3 arty 14-37 et seq. See: GARBAGE AND TRASH Noise control policy, provisions re 19-103 et seq. LOTS See: NOISE Occupational licenses; marking of comner- Subdivision design. standazds............ 36-18 cial vehicles 17-33.1 Zoning regulations 45-1 et seq. park regulations re traffic,.............. 20-5 See: ZONING (Appendix C) Parking. See herein: Stopping, Standing and Parking Public safety department LOUDSPEAKERS Police division, provisions re traffic 2-76(b)(5) Noise control policy re loudspeakers and Public services department devices for advertising 19-105 Division of signal service.............. 2-85(3) Supp. No. 1z 2946 CODE INDEX Section Section MOTOR VEHICLES AND TRAFFIC-Confd. NORTH PALM BEACH, VILLAGE OF. See: Stopping, standing and pazking VILLAGE Pazking restricted 18-34 Recreational, boating and camping equip- NUDITI' went; pazking on residential prop- Topless costumes prohibited 19-64 erty restricted 18-35 Signs, pazking in violation of.......... 18-36 NUISANCES Vehicle, trailer or boat pazking prohib- Abandoned, inoperative and junked prop- ited upon paved or unpaved azea of erty 14-37 et seq. the road right-of--way of specific See: GARBAGE AND TRASH roadways 18-34.1 Animals creating nuisances.............. 4-12 Violations; fines .False alarms Handicap spaces 18-37 Excessive false alarms declared public Non-handicap spaces 18-38 nuisance........................ 19-212 Vehicular operation Rabid animals declared nuisance......... 4-42 Speed limits Weeds and brush 14-79 et seq. Generally 18-16 See: WEEDS AND BRUSH Specific streets 18-17 Weight limitations on certain roads 18-18 NUMBER Definitions and rules of construction 1-2 MUSICAL INSTRUMENTS Noise control 19-104 . OATH, AFFIRMATION, SWEAR OR SWORN Administrative code, provisions re oaths of N office.......... 2-41 Definitions and rules of construction 1-2 NOISE Election inspectors and clerk; oath re- Animal noises 19-107 quired 10-59 Buildings, premises or property General employees retirement boazd; oaths Noise from 19-102 of office 2-154 Code enforcement board, applicability re.. 2-173 Reserve police force; oath required 23-47 Conduct, noisy and boisterous 19-106 Construction activity, permissible time for 19-111 OBSCENITY. See: INDECENCY AND OB- Definitions 19-99 SCENITY Electronic audio equipment 19-104 Enforcement OBSTRUCTIONS Authority 19-116 Passageways, obstructing................ 19-47 Procedure _ All other noises 19-117(b) OCCUPATIONAL LICENSES Motor vehicle noise enforcement, op- Regulations enumerated 17-16 et seq. erating....................... 19-117(a) See: LICENSES AND PERMITS Engine exhaust 19-108 Exemptions 19-120 OFFENSES Fixed mechanical equipment 19-112 Definitions 19-1 Horns and signal devices 19-103 Enumerated............................ 19-3 et seq. Loading, unloading and unpacking 19-110 See also specific offenses as indexed Loudspeakers and devices for advertising. 19-105 State misdemeanors adopted 19-2 Measurement procedure 19-113 Musical instruments 19-104 OFFICERS AND EMPLOYEES Noise control measurement standards other Administrative code 2-39 et seq. than motor vehicle noise standazds.. 19-118 See: ADMINISTRATIVE CODE Noise control policy 19-100 Definitions and rules of construction 1-2 - Periods of observation 19-114 Elections. See also that subject Radios 19-104 Generally............................ 10-1 et seq. Special permits excepted 19-119 Inspectors and clerk 10-58 et seq. Unnecessary, excessive or offensive noise Finance director 2-59 Unlawful to make 19-101 Impersonating village official 19-8 Vehicle defect or condition of load........ 19-109 Librarian 2-93 Voluntary compliance 19-115 Mayor 2-18, 8-16 Supp. No. 12 2947 NORTH PALM BEACH CODE - Section Section OFFICERS AND EMPLOYEES-Contd. PARKS, PLAYGROUNDS AND RECREATION Pensions -and retirement. See also that -Contd. subject Buildings or structure, erecting 20-3 Length of service awazd plan for volun- Department of recreation teer firefighters 2-170 et seq. Director's duties Pension and certain other benefits for Conduct community activity 2-110(2) fire and police employees 2-159 et seq. Supervise recreation areas.......... 2-110(1) Pension and certain other benefits for Ejectment of violators 20-8 ~i, general employees 2-146 et seq. Enforcement of provisions, responsibility . 20-7 Social security 2-136 et seq. Hours regulated 20-1 Public safety director 2-75 Meetings and gatherings Public services director 2-84 Liability for loss or injury............. 20-23 Recreation director 2-110 Permit Social security 2-136 et seq. Appeal from refusal to issue 20-35 See: SOCIAL SECURITY Application 20-33 Treasurer 2-51 ~ Form 20-32 Village clerk and deputy village clerk..... 2-67 et seq. Issuance standards 20-34 See: DOCUMENTS AND PUBLIC Required 20-31 RECORDS Revocation 20-36 Village manager 2-115 et seq. Rules and regulations, permittee bound See: VILLAGE MANAGER by 20-22 Property used to violate provisions, confis- OFFICIAL TIME cation of 20-9 Definitions and rules of construction 1-2 Public services department Division of parks 2-85(2) OPEN SPACES. See: YARDS AND OPEN Recreation advisory boazd . SPACES Created 20-61 Duties............ 20-66 OR, AND Meetings 20-65 Definitions and rules of construction 1-2 Officers' quorum, compensation........ 20-64 1 Removal 20-63 ORDINANCES. See: CODE OF ORDI- Terms • • 20-62(b) NANCES Vacancies 20-62(c) Restrooma, failure to cooperate in keeping OWNER neat or sanitary 20-2 Definitions and rules of construction 1-2 Traffic Enforcement of traffic regulations 20-5(2) P Operation confined to roads 20-5(5) Pazking areas designated 20-5(6) PALM BEACH COUNTY. See: COUNTY Signs 20-5(3) Speed of vehicles 20-5(4) PARKING State motor vehicle laws 20-5(1) Landscaping, provisions re off-street park- Tt'ees 27-38, 27-59 Climbing trees, etc 20-4 'ng" " ~ " " " " " " " ' Use b ublic onl 20-1 et seq. Y P Y See: LANDSCAPING Parks; designated pazking areas 20-5(6) PENALTIES: See: FINES, FORFEITURES Stopping, standing and parking.......... 18-34 et seq. AND OTHER PENALTIES See: MOTOR VEHICLES AND TRAF- FIC PENSIONS AND RETIREMENT Zoning, provisions re off-street parking 45-27 et seq. Length of service award plan for volunteer See: ZON>rTG (Appendix C) firefighters Benefit formula 2-170.6 PARKS, PLAYGROUNDS AND RECREATION Contact person 2-170.10 Alcoholic beverages Effective date 2-170.3 Consumption on playgrounds and public Eligibility 2-170.4 pazks 3-3 Entitlement age...................... 2-170.5 Bicycles Plan, name of 2-170.2 Operation in safe manner, etc.......... 20-6(2) Point system 2-170.11 Operation prohibited in certain areas 20-6(1) Preretirement death benefit........... 2-170.7 / Supp. No. 12 2948 I I CODE INDEX Section Section PENSIONS AND RETIREMENT-Contd. PENSIONS AND RETIREMENT-Contd. Purpose 2-170 Member contributions Sponsor, name of 2-170.1 Amount......................... 2-158(d)(1) Trustee and contact person............ 2-170.10 Duration 2-158(d)(2) Vesting provisions, schedule of 2-170.8 Guaranteed refund 2-158(d)(4) Village contributions 2-170.9 Interest......................... 2-158(d)(3) Pension and certain other benefits for fire Retirement benefit 2-158(c) and police employees Retirement date 2-158(b) Benefit amounts Definitions 2-146. Cost of living 2-161(8) Discharged members 2-156(a) Disability retirement 2-161(e) Incompetents 2-156(d) Early retirement 2-161(b) Membership Formula 2-161(c) Application for membership 2-147(b) Limitation on 2-161(h) Change in designation of beneficiary 2-147(c) Normal retirement benefit.......... 2-161(a) Conditions of eligibility 2-147(a) Preretirement death 2-161(d) Nonassignability . Termination benefits and vesting.... 2-161(fl • • • • • • • • • • • • • 2-156(b) Board of trustees Normal and optional forms of benefits . 2-149 Pension validity 2-156(c) Bring and defend lawsuits Repeal or termination of system 2-155 Powers 2-164(e) Retirement board Composition 2-164(a) Forfeiture of membership on board Additional rules and regulations au- for absenteeism 2-164(b) thorized...................... 2-152 Meetin 2-164(d) Established 2-151 ~ ' ' ' ' ' ' • ' ' ' ' ' ' ' ' • Investing funds; custodian of securi- Power and authority 2-166 Reports and records 2-164(c) ties.......................... 2-153 Contributions Oaths of office; meetings; quorum 2-154 Employer 2-163(c) Social security.......................... 2-136 et seq. See: SOCIAL SECURITY Forfeitures 2-163(d) Volunteer firefighters, length of service Member 2-163(a) award plan for. See herein: Length of State 2-163(b) Service Award Plan for Volunteer Definitions 2-159 Firefighters Direct transfers of eligible rollover dis- tribution 2-170 pERMITS. See: LICENSES AND PERMITS Dischazged members 2-169(a) Incompetents 2-169(d) Insurers, tax on 2-167 PERSON Membership Definitions and rules of construction 1-2 Application for membership 2-160(b) Buy-back of previous service........ 2-160(d) PIERS Changes in designation of beneficiary 2-160(c) Docks and piers, wnstruction require- Conditions of eligibility 2-160(a) menu re 5-81 et seq: Nonassignability 2-169(b) See: BOATS, DOCKS AND WATER- Number and gender 2-169(e) WAYS Optional forms of benefits 2-162 Pension validity 2-169(c) PLANNING AND DEVELOPMENT Repeal or termination of plan 2-168 Appeazance plan (Appendix A). 'See that Tax on insurers 2-167 subject Pension and certain other benefits for gen- Archaeological site protection regulations . 21-101 et seq. eral employees See: ARCHAEOLOGICAL SITE PRO- Benefit amounts and eligibility TECTION Direct transfers of eligible rollover Boazd of adjustment distribution 2-157 Composition; conduct generally Early retirement 2-148(d) Administrative orders, review of 21-21(d) Late retirement 2-148(c) Created........-................... 21-21(a) Preretirement death 2-148(e) Decision of administrative official, ap- Retirement benefit 2-148(b) peals to boazd from 21-21(e) Retirement date 2-148(a) Hearing of appeals................. 21-21(g) Termination of employment......... 2-148(fl Judicial review of decisions of board. 21-21(h) Benefit plan, optional Membership; terms; alternate; com- Applicability to employees.......... 2-158(a) pensation 21-21(b) Supp. No. 12 2949 NORTH PALM BEACH CODE Section Section PLANNING AND DEVELOPMENT~ont'd. PLATS. See: SURVEYS, MAPS AND PLATS Powers and duties 21-21(c) Stay of work and proceedings on ap- PLAYGROUNDS. See: PARKS, PLAY- peal 21-21(f) GROUNDS AND RECREATION Comprehensive plan POLICE Adoption 21-O1 Court cost Filing fees and costs for changes Assessment of additional court costs for Enactment and authority........... 21-1(a) criminal justice education expendi- Fee; application 21-1(c) tares........................... 1-9 Jurisdiction 21-1(b) Department of public safety, provisions re Planning commission, advise of 21-1(d) police division 2-76(b) Concurrency management See: PUBLIC SAFETY DEPARTMENT Adequate public facilities available to Elections; policemen to be present at poll- service develo went 21-45 ing place.......................... 10-77 P Fire division, provisions re police assis- Application 21-42 tance 12-43 Definitions . 21-44 -Impersonating police officer 19-8 Intent and purpose Pension and certain other benefits for fire Comprehensive plan, implements- and police employees 2-159 et seq. tion of 21-43(a) See: PENSIONS AND RETIREMENT Management monitoring and regale- Reserve force tory program, establishment of 21-43(b) Application for membership 23-43 Minimum requirements 21-43(c) Compensation 23-50 Management and monitoring program ~ Created; purpose 23-42 Amendments to CIE and annual bud- Director of public safety, appointment to serve by 23-45 get, recommendations on 21-46(c) Oath required 23-47 Annual public facilities update report 21-46(b) Powers and duties 23-48 Generally 21-46(a) Reserve list to be maintained - 23-44 Regulatory program Resignation 23-46 Exemptions 21-47(b) Uniforms and insignia 23-49 Generally . 21-47(a) POLLUTION Public~facility adequacy, review to de- Smoke, dust, odors, liquids, etc........... 19-9 termine 21-47(c) Stormwater management provisions. re pol- Short title 21-41 lutant loads 21-67 Filing fees and costs for voluntary annex- Waterways, pollution of 5-13 ation of land Wellfield protection Enactment and authority 21-2(a) Regulation of business activities with Fees: application 21-2(c) potential to contaminate land and Jurisdiction 21-2(b) water resources 19-221 Planning commission, advice of........ 21-2(d) PRECEDING, FOLLOWING Stormwater management 21-61 et seq. Definitions and rules of construction 1-2 See: STORMWATER MANAGEMENT Subdivision regulations 36-1 et seq. PROFANITY See: SUBDIVISIONS (Appendix B) Vulgar language prohibited in public places 19-65 Zoning regulations 45-1 et seq. See: ZONING (Appendix C) PROPERTY Abandoned, inoperative and junked prop- - erty 14-37 et seq. PLANNING COMMISSION See: GARBAGE AND TRASH Composition; conduct generally Appearance plan (Appendix A). See that subject Created 21-11(a) Definitions and rules of construction 1-2 Meetings 21-11(c) Dogs on property of others............... 4-28(b) Membership 21-11(b) Insurance excise taxes; property insurance Powers and duties 21-11(d) premiuws......................... 26-17 Zoning ordinances, changes to 21-12 Noise from property 19-102 Sapp. No. 12 2950 i r CODE INDEX Section Section PROPERTY-Contd. RECORDS. See: DOCUMENTS AND PUB- Subdivision regulations 36-1 et seq. LIC RECORDS See: SUBDIVISIONS (Appendix B) Weeds and brush 14-79 et seq. RECREATION. See: PARK, PLAYGROUNDS See: WEEDS AND BRUSH AND RECREATION REFUSE. See: GARBAGE AND TRASH PUBLIC PLACES. See: STREETS, SIDE- WALKS AND PUBLIC PLACES RESTROOMS Parks and recreation facilities; failure to PUBLIC RECORDS. See: DOCUMENTS AND cooperate in keeping restrooms neat PUBLIC RECORDS or sanitary 20-2 RETIREMENT. See: PENSIONS AND RE- PUBLIC SAFETY DEPARTMENT TIREMENT Director's duties Designate instructor 2-75(2) g Make assignments 2-75(1) Divisions SAND DUNES Fire Flood damage prevention provisions...... 12.5-45 Fire fighting 2-76(c)(3) Fire prevention 2-76(c)(4) SANITATION. See: HEALTH AND SANITA- Maintain equipment 2-76(c)(2) TION Report losses 2-76(c)(1) Generally 2-76(a) SCHOOLS Police Coin-operated amusements; proximity to Crime prevention 2-76(b)(3),(4) schools restricted 19-4 Investigation 2-76(b)(3) Patrol 2-76(b)(2) SEAWALLS Radio 2-76(b)(6) Bulkheads and seawalls, construction re- Records 2-76(b)(1) quirementa re 5-69 et seq. Traffic 2-76(b)(5) See: BOATS, DOCKS AND WATER- WAYS PUBLIC SERVICES DEPARTMENT Director's duties 2-84 SEXUALLY-ORIENTED ENTERTAINMENT Divisions Adult entertainment establishments Municipal garage 2-85(4) Zoning regulations re. Seer ZONING (Ap- Parks 2-85(2) Pendix C) Permits and inspections 2-85(1) Refuse disposal 2-85(5) SHALL, MAY Signal service 2-85(3) Definitions and rules of construction 1-2 Street maintenance 2-85(6) SHRUBBERY. See: TREES AND SHRUB- BERY R SIDEWALKS. See: STREETS, SIDEWALKS AND PUBLIC PLACES RABIES CONTROL SIGNAL DEVICES Provisions enumerated 4-42 et seq. Noise control 19-103 See: ANIMALS AND FOWL SIGNATURE, SUBSCRIPTION RADIOS Definitions and rules of construction 1-2 Noise control 19-104 Police division, provisions re radio mainte- SIGNS AND BILLBOARDS nance 2-76(b)(6) Code enforcement board, applicability re.. 2-173 Country club; provisions re signs......... 9-2 Outdoor displays. See herein: Signs and REASONABLE TIME Outdoor Displays Definitions and rules of construction 1-2 Parking in violation of signs 18-36 Supp. No. 12 2950.1 NORTH PALM BEACH CODE Section SIGNS AND BILLBOARDS-Coat'd. Pazlis, regulations re traffic signs 20-5(3) Signs and outdoor displays Construction standazds 6-117 Design standards 6-117 Exempt signs 6-112 Location standazds 6-117 Measurement determinations 6-116 Permitted permanent accessory signs 6-115 Permitted temporary signs 6-114 Prohibited signs 6-113 Provisions generally 6-111 ' Zoning C-3 Regional Business District 45-34.1(7) SOCIAL SECURITY Agreement authorized 2-138 Appropriations by village 2-140 Declazation of policy 2-136 Exclusions from coverage 2-137 Records and reports 2-141 Social security act adopted 2-143 Withholding and reporting agent.......... 2-142 Withholding from wages 2-139 SPITTING Spitting in public places prohibited....... 19-5 STATE ~ / Definitions and rules of construction 1-2 STENCH BOMBS Excepted uses 19-82(c) Possession prohibited 19-82(b) Throwing or depositing................... 19-82(a) STORMWATER MANAGEMENT Adoption 21-61 Applicability 21-61 Design 21-61 Finished floor of structures, level of 21-63 Objectives of system design 21-68 Open channels and outfall ditches........ 21-66 Supp. No. 12 2950.2 CODE INDEX Section Section SWIMMING-Contd. TENSE Restricted waters, swimming in.......... 5-3 Definitions and rules of construction 1-2 SWIMMING POOLS TIME 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 Definitions 25-1 TREASURY DEPARTMENT Electrical equipment 25-8 Treasurer's duties Final approval before use 25-2 Accounts of receipts and expenditures . 2-51(6) Grade 15-11 Bonds, responsibility for proceeds of... 2-51(5) Hair and lent strainers 25-5 Books, examination of 2-51(2) Public and private pools Collect moneys and fees due village.... 2-51(10) Construction 25-36 Debt, cancellation of evidences of 2-51(7) Fencing Default of officer, duty upon........... 2-51(4) Modifications and exceptions 25-38 Delinquent payments and fmancial re- Requirements 25-37 ports 2-51(3) Recirculating piping and fittings, require- Fiscal supervision over officers 2-51(1) ments for 25-9 Monthly report to finance director 2-51(12) Scum-gutters 25-6 Pay village employees 2-51(9) Setback 25-3 Permits and licenses.................. 2-51(11). Tamping back-fill 25-10 Receive and disburse moneys.......... 2-51(8) Vacuum cleaner 25-4 Water circulations 25-4 TREES AND SHRUBBERY Code enforcement board, applicability re.. 2-173 SWITCHBLADE KNIVES Landscaping 27-31 et seq. Sale prohibited 19-185(a) See: LANDSCAPING Missiles, throwing 19-83 T Parks and recreation facilities; climbing trees, etc 20-4 TAXATION Swale areas, trees in Insurance excise taxes 26-16, 26-17 Definitions........................... 27-16 Occupational licenses 17-16 et seq. Planting and removal; written approval See: LICENSES AND .PERMITS required 27-17 Pension and certain other benefits for fire Scope 27-19 and police employees Variety and location 27-18 Tax on insurers 2-167 Telecommunications service tax U Collection 26-52 Compensation 26-54 UTILITIES Exemptions 26-53 Flood damage prevention provisions...... 12.5-41(3), (5) Levy 26-51 Franchises enumerated. See Appendix D Rate 26-51 Street construction work; cost of changing Utility tax 26-29 et seq. or removal of public utilities 24-4 See: UTILITY TAX Subdivision design standards re easements and rights-of--way 36-22(a) TELECOMMUNICATIONS SERVICE TAX Subdivisions, required improvements re 36-32 Generally 26-51 et seq. Telecommunications service tax 26-51 et seq. See: TAXATION See: TAXATION Use of rights-of--way for utilities TELEPHONES Code enforcement board, applicability Alarms; interference with public safety de- re 2-173 partment trunk line prohibited 19-215 Rules and regulations adopted 28-1 Written permit (franchise) TELEVISION Contents 28-3 Cable television rate regulation.......... 17-1 Required; term 28-2 Supp. No. 12 2953 NORTH PALM BEACH CODE Section Section UTILITY TAX WATER SUPPLY AND DISTRIBUTION- Collection 26-30 Contd. Exemption 26-31 Wellfield protection 19-220, 19-221 Levied; rate 26-29 Zoning; C-3 Regional Business District i Surface water management 45-34.1(8) V WATERWAYS. See: BOATS, DOCKS AND I'~ VILLAGE WATERWAYS Definitions and rules of construction 1-2 WEAPONS. See: FIREARMS AND WEAP- VILLAGE COUNCIL ON3 Compensation . 2-16 Definitions and rules of construction 1-2 WEEDS AND BRUSH Elections; village council to constitute can- Lien vassing board 10-11 Recorded statement of removal costs wn- Meetings stitutes lien; collection 14-83 Adjournment of all meetings 2-19 Notice to destroy 14-80 Regular meetings Owner to bear costs of removal 14-82 Presiding officer 2-18 Prohibited over certain height 14-79 When held 2-17 Removal by village...................... 14-81 Rules of procedure. See herein that sub- ject WEEK Rules of procedure Definitions and rules of construction 1-2 Order of business.... 2-26 Parliamentary rules 2-27 WEIGHTS AND MEASURES Village clerk, duties re 2-67 Motor vehicle operation; weight limitations on certain roads 18-18 VILLAGE MANAGER Noise measurement procedure 19-113 Administrative code, provisions re 2-39 et seq. See: ADMINISTRATIVE CODE WELLFIELD PROTECTION Bond 2-117 Business activities with potential to con- Budget procedures, duties re 2-2 taminate land and water resources, Country club, provisions re resolution of regulation of 19-221 manager conflict 9-22 County wellfield protection ordinance Removal 2-116 adopted by reference............... 19-220 Residency 2-115 WRITTEN, IN WRITING VOYEURISM Definitions and rules of construction 1-2 Window peeping prohibited 19-66 Y W YARDS AND OPEN SPACES WALLS. See: FENCES, WALLS, HEDGES Landscaping 27-31 et seq. AND ENCLOSURES See; LANDSCAPING Zoning regulations 45-27 et seq. WATER SHORTAGE EMERGENCIES See: ZONING (Appendix C) Application 19-201 Definitions 19-200 YEAR Enforcement Definitions and rules of construction 1-2 Emergency power 19-204 Generally i9-203 Z Implementation Authority to implement 19-202(a) ZONING (Generally) Water shortage plan 19-202(b) Appearance plan (Appendix A). See that Sanitation, exception to maintain 19-205 subject Violations and penalties 19-206 Code enforcement board, applicability re.. 2-173 Home occupations 17-2(a) et seq. WATER SUPPLY AND DISTRIBUTION See: HOME OCCUPATIONS Stormwater management 21-61 et seq. Landscaping; conflict with zoning ordi- See: STORMWATER MANAGEMENT nance 27-39 Supp. No. 12 2954 i I CODE INDEX Section ZONING (Generally)-Cont'd: Planning commission; changes to zoning ordinances 21-12 Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) [The next page is 2965] Supp. No. 12 2955 i l CODE INDEX - Section Section ZONING (Appendix C) ZONING (Appendix C}-Contd. (Note-Sections 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 standazds 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 wverage; maximum............... 45-34.1(6) Display or exposure of specified anatom- Off-street loading and internal circula- icalazea 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) Measurement 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(3) 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 pazking 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) Architecture Yards and open spaces 45-31(F) C-A Commercial District 45-31(J) CB Commercial District CB Commercial District 45-31.1(J) Architecture 45-31.1(J) Buildings Conditions for permitted uses 45-31.1(C) District regulations, buildings and uses Floor area 45-31.1(I) to conform to 45-19 General description................... 45-31.1(A) Height 45°31.1(D) Floor azea regulations. See herein: Floor Off-street arkin and loadin 45-31.1(G) Area P ~ g g Height regulations. See herein: Height Off-street pazking lot layout, construc- Nonconforming uses of land and strut- tion and maintenance............ 45-31.1(H) Permitted uses 45-31.1(B) tares. See herein that subject Site azea 45-31.1(E) Site area regulations: See herein: Site Yazds and open spaces 45-31.1(F) Area Changes and amendments 45-5 C-1 Neighborhood Commercial District Conditions for permitted uses 45-33(G) Conflict of provisions 45-4 C-OS Conservation and Open Space Dis- Floor azea 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 azea 45-32(F) Districts Height 45-32(B) Division of village into districts........ 45-16 Permitted uses 45-32(A) Enumerated 45-16 Site azea 45-32(C) See also specific districts as indexed Yards and open spaces 45-32(D) General provisions 45-36 Sapp. No. 12 2965 NORTH PALM BEACH CODE Section Section. it ZONING (Appendix C}-Confd. ZONING (Appendix C)-Confd. 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; final 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) ft-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) Pazki"ng Historic site overlay district Off-street loading and internal circula- Definitions 45-37(b) tion. See herein that subject Local register of historic sites Off-street parking regulations. See herein: Creation of 45-37(C) Off-Street Parking Initiation of placement on 45-37(D) Performance standazds 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) 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) 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.." 45-35.2(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 45-31.1(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 Vllage 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, nonwnforming 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. 12 2966 CODE .INDEX Section ZONING (Appendix C)-Contd. Height 45-28(B) ' Off-street parking 45-28(F) Permitted uses 45-28(A) Site azea 45-28(C) Yards and open spaces 45-28(D) ft-3 Apartment Dwelling District Floor area 45-30(F) Height 45-30(B) Off-street pazking 45-30(E) Permitted uses 45-30(A) Site azea 45-30(C) . Yazds 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-lA Limited 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 Dwelling District 45-30(C) Surface water management C-3 Regional Business District........ 45-34.1(8) Violation-and penalty 45-6 Yazds 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. 12 2967 i l