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Code of Ordinances Supplement 11 SUPPLEMENT NO. 11 March 1996 C®I)E ®F ®Ii,DI1~T~CES i7illa~e of N®Ii,7.'gi PALM ~E~CH, FiL®R.II)A Looseleaf Suppleffient This Supplement contains all ordinances deemed advisable to be included at this time through: ®~inance ~To. 8a36, asiopt~ Februa'~ 8, 1J96. See the Code Comparative Table for further information. Remove old pages Insert new pages xi gv xi gv Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 149-156 149-156 213 213 327-331 327-331 891-892.1 891-892.1 1175 1175 2481-2486.3 2481-2486.4 2507-2510 2507-2510 2883, 2884 2883, 2884 2945, 2946 2945, 2946 2965-2967 2965-2967 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPOIi.ATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1-800-262-CODE TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [ll PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. IT. Territorial Boundaries 3 Art. III. Legislative 6 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 136.1 Div. 1. Generally 136.1 Div. 2. Department of Treasury 138 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. 11 xi NORTH PALM BEACH CODE F -- Chapter Page Div. 3. Pension and Certain Other Benefits for General Employees 144 Div 4. Pension and Certain Other Benefits for Fire and Police Employees 149 Div. 5. Length of Service Award Plan for Volunteer Firefighters 158 Art. VI. Code Enforcement Board 159 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 323 Art. III. Construction Requirements 324 Div. 1. Generally 324 Div. 2. Canals 324 Div. 3. Bulkheads and Seawalls 325 Div. 4. Docks and Piers 326 Div 5. Erosion Control Structures..... 330 Art. IV. Marine Sanctuaries 330 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 398.2 Div. 1. Generally 398.2 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. 11 xii TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 6.19 Art. IV. Polling Place 620 I1. 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. I. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. N Recovery of Costs for Cleanup, Abatement and Re- moval 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 $39 14. Health and Sanitation 889 Art. I. In General $91 Art. II. Garbage, Trash and Refuse 891 Div. I. Generally 891 Div. 2. Garbage Collection and Disposal 891 Div. 3. Abandoned, Inoperative and Junked Property . 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 Traffic ll71 Art. I. In General 1173 Art. II. Operation of Vehicles Generally 1173 Supp. No. 11 xiii NORTH PALM BEACH CODE Chapter Page 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. IV. Offenses Against Public Morals 1228 Art. V. Offenses Against Public Peace 1229 Art. VI. Noise Control 1229 Art. VII. Reserved 1235 Art. VIII. Weapons 1235 Art. IX. Water Shortage Emergencies 1236 Art. X. Alarms 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. Planning and Development 1343 Art. I. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. IV. Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection Regulations 1363 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets,. Sidewalks and Public Places 1517 Art. I. In General 1519 Art. II. Excavations 15.19 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 26. Taxation 1627 Art. I. In General 1629 Supp. No. 11 xiv TABLE OF CONTENTS-Contd. Chapter Page 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. 11 xv � - �� w Checklist of Up-to-Date .Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Cale 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. Wage N®. Supp.10T®. Page No. Supp, loo. Title page 1 145, 146 9 iii 1 147, 148 9 v, vi OC 149, 150 11 vii, viii OC 151, 152 11 ix OC 153, 154 11 x.i, x.ii 1 155, 156 11 x.iii 1 156.1, 1562 3 xi, xii 11 157, 158 10 xiii, xiv 11 159, 160 10 xv 11 161, 162 10 1 OC 163 10 3, 4 8 211 OC 5, 6 9 213 11 6.1 9 263 OC 7, 8 OC 265, 266 OC 9, 10 OC 267, 268 OC 11, 12 OC 269 OC 13, 14 OC 319 OC 65 9 321, 322 OC 77 OC 323, 324 OC 79, 80 OC 325, 326 OC 81, 82 9 327, 328 11 133 10 329, 330 11 135, 136 10 331 11 136.1 10 381 _ OC ` 137, 138 OC 383, 384 7 139, 140 OC 385, 386 7 141, 142 OC 387, 388 7 143, 144 OC 389, 390 7 144.1, 144.2 9 391, 392 7 Supp. No. 11 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 393, 394 7 1054.1, 1054.2 9 395, 396 7 1055,. 1056 8 397, 398 7 1057, 1058 8 398.1, 398.2 7 1059, 1060 8 398.3, 398.4 7 106.1, 1062 8 398.5, 398.6 8 1063, 1064 8 398.7, 398.8 8 1121 OC 398.9, 398.10 8 1171 OC 398.11, 398.12 8 1173, 1.174 7 398.13, 398.14. 8 11'75 11 398.15, 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, 1352 OC 725,. 726 5 1353, 1354 OC 727, 728 5 1355, 1356 OC 729 5 1357, 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 Supp. No. 11 [2] I CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Sapp. loo. 1683, 1684 OC 2513, 2514 OC 1685, 1686 OC 2515, 2516 OC 1687, 1688 OC 2517, 2518 OC 1689, 1690 OC 2619 OC 1739 OC 2819 10 1741, 1742 OC 2869, 2870 OC 2043 OC 2871 OC 2045, 2046 10 2873 OC 2047, 2048 OC 2875, 2876 OC 2049, 2050 OC 2877, 2878 OC 2051, 2052 OC 2879, 28$0 OC 2053 OC 2881, 2882 OC 2353 OC 2883, 2884 11 2355, 2356 OC 2933, 2934 OC 2357, 2358 OC 2935, 2936 10 2359, 2360 OC 2936.1 10 2361, 2362 OC 2937, 2938 9 2363, 2364 OC 2939, 2940 10 2365, 2366 OC 2940.1 10 2367, 2368 1 2941, 2942 9 2368.1 1 2943, 2944 10 2369, 2370 OC 2944.1 10 2371, 2372 OC 2945, 2946 11 2373, 2374 OC 2947, 2948 10 2375, 2376 OC 2949, 2950 10 2377, 2378 OC 2950.1 10 2379 OC 2951, 2952 9 2479 9 2953, 2954 9 2481, 2482 11 2965, 2966 11 2483,2484 11 2967 11 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 11 2509, 2510 11 2510.1, 2510.2 10 2510.3, 2510.4 10 2510.5, 2510.6 10 2511, 2512 OC Supp. No. 11 [3] I 1 ADMINISTRATION § 2-159 distribution that is one of a series of sub- DIVISION 4. PENSION AND CERTAIN stantially equal periodic payments (not less OTHER BENEFITS FOR FIRE AND POLICE frequently than annually) made for the life EMPLOYEES* (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the Sec. 2-159. Definitions. distributee and the distributee's desig- ~ used herein, unless otherwise defined or nated beneficiary or for a specified period required by the context, the following words and of ten (10) years or more; any distribution phrases shall have the meaning indicated: to the extent such distribution is required under section 401(a)(9) of the Code; and the Accrued benefit means the portion of a member's portion of any distribution that is not in- normal retirement benefit which is considered to cludable in gross income. have accrued as of any date. A member's accrued benefit as of any date shall be equal to two and one-half (2Va) percent of his average monthly (b) Eligible retirement plan: An eligible retire- earnings multiplied by his credited service, with a merit plan is an individual retirement ac- maximum benefit equal to sixty (60) percent of count described in section 408(a) of the average monthly earnings. For purposes of this Code, an individual retirement annuity de- calculation, average monthly earnings and cred- scribed in section 408(b) of the Code, an ited service as of the date of determination shall annuity plan described in section 403(a) of be used. The accrued benefit is considered to be the Code, or a qualified trust described in payable in the plan's normal form commencing on section 401(a) of the Code, that accepts the the member's normal retirement date, with such distributee's eligible rollover distribution. date determined as through the member remains However, in the case of an eligible rollover in full-time employment with the employer. distribution to the surviving spouse, an Accumulated contributions means a member's eligible retirement plan is an individual retirement account or individual retire- own contributions plus interest credited thereto, went annuity. if any, by the board. Actuarial equivalence or actuarially equivalent (c) Distributee: A distributee includes an em- means that any benefit payable under the terms ployee or former employee. In addition, the of this plan in a form other than the normal form employee's or former employee's surviving of benefit shall have the same actuarial present spouse is a distributee with regard to the value on the date payment commences as the interest of the spouse. normal form of benefit. For purposes of establish- ing the actuarial present value of any form of payment, other than a lump sum distribution, all (d) Direct rollover: A direct rollover is a pay- future payments shall be discounted for interest merit by the plan to the eligible retirement and mortality by using seven (7) percent interest plan specified by the distributee. and the 1983 Group Annuity Mortality Table for (Ord. No. 13-95, § 1, 3-23-95) Males, with ages set ahead five (5) years in the case of disability retirees. In the case of a lump sum distribution, the actuarial present value shall Sec. 2-158. Reserved. be determined on the basis of the same mortality rates as just described and the Pension Benefit *Editor's note-Ordinance No. 9-82, enacted June 10, ' 1982, did not expressly amend the Code; hence, codification of 1-11 as herein set out in 2-159-2-169 was at the discretion of the editor. Cross references-Fire division, § 12-29 et seq.; police, Ch. 23. Supp. No. 11 149 § 2-159 NORTH PALM BEACH CODE Guar anty Corporation s interest rates for terms- has withdrawn, with interest, within ninety (90) nating single employer plans, which rates are in days after his reemployment, as provided in sec- effect: tion 2-160 below. (1) Ninety (90) days prior to the member's date Further, an employee may voluntarily Ieave his of termination if distribution is made within contributions in the pension fund for a period of six (6) months of such date, or five (5) years after leaving the employ of the (2} Ninety (90) days prior to the distribution employer, pending the possibility of his being date if distribution is made. more than six rehired, without losing credit for the time he has (6) months after date of termination. participated actively as an employee. Should he not be reemployed within five (5) years, his con- Average monthly earnings means one-sixtieth tributions shall be returned to him without inter- of earnings of a member during the five (5) years est. of his employment within the Iast ten (10) years of employment, which is greater than the total dur- It is provided further that credited service shall ing any other five (5) years during the ten-year include any service, voluntary or involuntary, in period; provided that if a member shall have been the armed forces of the United States, provided employed for fewer than five (5) years, such the employee is legally entitled to reemployment average shall be taken over the period of his under the provisions of the Universal Training actual employment. and Service Act or any similar law; and provided further that the employee shall apply for reem- Beraefaciary means the person or persons enti- ployment within the time and under the condi- tled to receive benefits hereunder at the death of tions prescribed by law. For any person who a member who has or have been designated in becomes a member of the system on or after writing by the member and filed with the board. If October 1,.1978, such military service shall not be no such designation is in effect at the time of credited if he is receiving or will receive in the death of the member, or if no person so designated future a retirement benefit from the federal gov- is living at that time, the beneficiary shall be the ernment based in whole or iri part on such mili- estate of the member. tary service. Board means the board of trustees which shall Early retirement date means for each member administer and manage the plan herein provided the first day of the month coincident with or next and serve as trustee of the fund. following the date on which he attains his fiftieth (50th) birthday. Credited service means the total number of Earnin s means a member's years and fractional parts of years of service g gross salary, in- expressed as years and completed months, during eluding overtime, public safety pay increment and which a person serves as an employee as defined special pay, but excluding bonuses, such as lon- below, omitting intervening years and fractional gevity, safety and attendance awards and any parts of years, when such person may not be other nonregular payments such as unused sick employed by the employer; provided, however, leave or vacation time pay. such person may have, without interrupting his Effective date means March 1, 1967, the date on other years of credited service, up to one (1) year s which this plan initially became effective. The leave of absence. effective date of this restated plan is the date as of which the village council adopts the plan. Notwithstanding the foregoing, no employee will receive credit for years or fractional parts of years Employee means each actively employed fu11- of service for which he has withdrawn his contri- time firefighter and police officer of the village, butions to the pension fund for those years or fractional parts of years of service unless he Employer means the Village of North Palm repays into the pension fund the contributions he Beach, Florida. Supp. No. 11 150 J I i ADMINISTRATION § 2-160 Firefighter means any person employed in the the October 1 coincident with or next following fire department who is certified as a firefighter as the first anniversary of his date of employment or a condition of employment in accordance with the reemployment as an employee. provisions of section 633.35, Florida Statutes, and (b) Application for membership. Each eligible whose duty it is to extinguish fires, to protect life, employee shall, within thirty (30) days of becom- and to protect property. ing eligible, complete an application form cover- Fund means the trust fund established herein mg the following points, as well as such other as part of the plan. points or items as may be prescribed by the board: Member means an employee who fulfills the (1) Acceptance of the terms and conditions of the plan; prescribed participation requirements. (2) Designation of a beneficiary or beneficia- Normal retirement date means for each member Ties; the first day of the month coincident with or next following the date on which he attains his fifty- (3) Authorization of a payroll deduction pay- fifth (55th) birthday. A member may retire on this able to the plan as hereinafter provided; normal retirement date or on the first day of any (4) Provision of acceptable evidence of his date month thereafter. of birth; Plan or system means the Village of North Palm (5) A certified statement as to prior medical Beach Fire and Police Retirement Fund as con- history; and tained herein and all amendments thereto. (6) A written release allowing distribution of Plan year means each year commencing on all medical records to the board. October 1, and ending on September 30. (c) Change in designation of beneficiary. Amem- bermay, from time to time, change his designated Police officer means any person employed in the beneficiary by written notice to the board upon police department who is certified as a law en- forms provided by the board. Upon such change, forcemeat officer as a condition of employment in the rights of all previously designated beneficia- accordance with the provisions- of section 943.14, Ties to receive any benefit under the plan shall Florida Statutes, and who is vested with author- cease. ity to bear arms and make arrests, and whose (d) Buy-back of previous service. Each member primary responsibility is the prevention and de- of the plan who terminates his employment with tection of crime or the enforcement of the penal, the employer and who is subsequently reem- criminal, traffic or highway laws of the state. Any ployed by the employer shall be permitted to public safety officer who is responsible for per- "buy-back" his previous credited service under the forming both police and fire services and who is following conditions: certified as a police officer or firefighter shall be considered a police officer. (1) The length of time between the member's termination date and his subsequent reem- Spouse shall mean the lawful wife or husband ployment date is not limited. of a member at time of preretirement death or (2) The member must pay into the fund an retirement. amount equal to the sum of the amount he (Ord. No. 9-82, § 1, 6-10-82; Ord. No. 1-92, § 1, withdrew from the fund when he termi- 2-13-92; Ord. No. 30-95, 1, 2, 10-12-95) nated employment, plus interest thereon at the rate of seven (7) percent from the date Sec. 2-160. Membership. of withdrawal to the date of repayment. (a) Conditions of eligibility. Each person who (3) The board shall notify the employee of the becomes an employee must become a member of total amount payable, as described above. the plan as a condition of his employment. Each Payment must be made within ninety (90) such employee shall be considered a member on days of such notification. Supp. No. 11 151 § 2-160 NORTH PALM BEACH CODE (4) Upon timely payment of the required date except that average monthly earnings amount, the employee shall immediately and credited service shall be determined as be reinstated as member of the plan and of his early retirement date, or shall. be given credit for his previous cred- (2) An immediate monthly retirement benefit ited service. which shall commence on his early retire- (Ord. No. 9-82, § 2, 6-10-82; Ord. No. 1-92, § 2, ment date and shall be continued on the 2-13-92) first day of each month thereafter during his lifetime. The benefit payable shall be as dec. 2-161. Benefit amounts. determined in subparagraph (1) above, re- duced by five-twelfths (5/~Zths) of one (1) (a) Normal retirement benefit. percent for each month by which the start- (1) Amount. Each member who retires on or ing date of the benefit precedes the normal after his normal retirement date shall be retirement date. eligible to receive a normal retirement ben- efit commencing on his actual retirement (c) Benefit formula. The benefit formula appli- date. The monthly normal retirement ben- cable in all cases of retirement shall be that in efit shall be an amount equal to two and effect on each member's employment termination one-half (2~/a) percent ofhis average monthly date. earnings multiplied by the member's cred- ited service. The maximum benefit is sixty (d) Preretirement death. (60) percent of average monthly earnings. (1) If a participant who is no longer an em- (2) Form of benefit. The normal retirement ployee of the village dies prior to the nor- - benefit shall commence on the member's mal retirement date and has attained age % actual retirement date and be payable on fifty (50) and had ten (10) years of credited the first day of each month thereafter, with service, a pension benefit of fifty (50) per- the last payment being the one next pre- cent of the amount the participant would ceding the retiree's death. have been entitled to, actuarially reduced (3) Optional forms of benefit. In lieu of the for early retirement, shall be paid to the form of benefit just described, a member surviving beneficiary for as long as the may choose an optional form of benefit as beneficiary shall live. Such amount shall be provided in section 2-162 below. based on the amount payable under the fifty (50) percent joint and survivor option, (4) One hundred (100) percent vesting. Each reduced actuarially to the age of the bene- memberwho attains his normal retirement ficiary. date shall be one hundred (100) percent vested in his accrued benefit. (2) If a member dies prior to the normal retire- ment date and is then employed by the (b) Early retirement benefit. A member retiring village and has ten (10) years of credited hereunder on or after his early retirement date service, such member regardless of age may receive either a deferred or an~ immediate shall receive pension benefits as set forth monthly retirement benefit as follows: in subsection (3). (i) Adeferred monthly retirement benefit which (3) The members specified irs subsection (2) shall commence on the normal retirement above shall receive a benefit equal to the date and shall be continued on the first day member's vested accrued pension as com- of each month thereafter during his life- puted under section 2-161(d) and shall be time. The amount of the benefit shall be payable to the designated beneficiary in determined and paid in the same manner equal, consecutive monthly installments over as for retirement at his normal retirement ten (10) years. The benefit payments spec- Supp. No. 11 152 ADMINISTRATION § 2-161 ified herein shall commence upon death of month. The first payment will be made the plan member and approval of the pen- on the first day of the month following Sion board. the later to occur of: 1. The date on which the disability (e) Disability retirement. has existed for six (6) months, or 2. The date the board approves the (1) A member having ten (10) or more years of payment of such retirement in- credited service may retire from the service come. of the village under the plan if, prior to his b. The last payment will be: normal retirement date, he becomes totally 1. If the member recovers from the and permanently disabled as defined in disability prior to his normal re- subsection (2) hereof. Such retirement shall tirement date, the payment due herein be referred to as disability retire- next preceding the date of such ment. recovery, or (2) A member will be considered totally dis- If the member dies without recov- abled if, in the opinion of the board, he is Bring from his disability or attains wholly prevented from rendering useful his normal retirement date while and efficient service as a police officer or still disabled, the payment due firefighter, and a member will be consid- next preceding his death or -the Bred permanently disabled if, in the opin- one hundred twentieth (120th) ion of the board, such member is likely to monthly payment, whichever is remain so disabled continuously and per- later. manently. c. Any monthly retirement income pay- ments due after the death of a disabled (3) No member shall be permitted to retire member shall be paid to the member's under the provisions of this section until designated beneficiary. examined by a duly qualified physician or (6) If the board finds that a member who is surgeon, to be selected by the board for that receiving a disability retirement income is, purpose, and is found to be disabled in the at any time prior to his normal retirement degree and in the manner specified in this date, no longer disabled, as provided herein, section. Any member retiring under this the board shall direct that the disability section shall be examined periodically by a retirement income be discontinued. Recov- dulyqualified physician or surgeon or board ery from disability as used herein shall of physicians and surgeons to be selected mean the ability of the member to render by the board for that purpose, to determine useful and efficient service as a police of- if such disability has ceased to exist. ficer or firefighter. (4) The benefit payable to a member who re- (7) If the member recovers from the disability tires with a total and permanent disability and reenters the service of the village as a police officer or firefighter, his service will as a result of a disability commencing prior be deemed to have been continuous, but the to his normal retirement date is the monthly period beginning with the first month for income payable for ten (10) years certain which he received a disability retirement and life which can be provided by the income payment and ending with the date single-sum value of the member's accrued he reentered the service of the village will benefit. not be considered as credited service for the (5) a. The monthly retirement income to purpose of the plan. which a member is entitled in the Termination benefits and vesting. event of his disability retirement will (1) Each member who terminates employment be payable on the first day of each with the employer and who is not eligible Supp. No. 11 153 § 2-161 NORTH PALM BEACH CODE f' for any of the retirement, death, or disabil- Sec. 2-162. Optional forms of benefits. ity benefits set forth herein shall receive from the fund within a reasonable time Each member entitled to a normal, early or following his date of termination a refund vested retirement benefit shall have the right, at of his accumulated contributions. Provided, any time prior to the date on which benefit however, that if at the time of his termina- payments begin, to elect to have his benefit pay- tion of employment the member has ten able under any one (1) of the options hereinafter (10) or more years of credited service, he set forth in lieu of benefits provided herein, and to shall have the option of either receiving his revoke any such elections and make a new elec- accumulated contributions or his accrued tion at any time prior to the actual beginning of benefit payable commencing at the date payments. The value of optional benefits shall be which would have been his normal retire- actuarially equivalent to the value of benefits ment date had he remained in full-time otherwise payable, and the present value of pay- employment with the employer. The mem- ments to the retiring member must be at Least ber may direct that his accrued benefit, equal to fifty (50) percent of the total present reduced as for early retirement, commence value of payments to the retiring member and his at age fifty (50) or any date thereafter beneficiary. The member shall make such an provided his accumulated contributions are election by written request to the board, such not withdrawn. request being retained in the board's files. (2) Arefund of accumulated contributions to a (1) Option 1-Joint and last suruiuor option. member or his beneficiary shall constitute a full and complete discharge of any and all The member may elect to receive a benefit, rights to claims or benefits under the sys- which has been adjusted to the actuarial tem by the member or his beneficiaries. equivalent of the normal form of benefit, (g) Cost of lining adjustment. The amount of during his lifetime and have such adjusted benefit (or a designated fraction thereof) pension benefit will be increased or decreased in continued after his death to and during the accordance with the changes in the consumer lifetime of his beneficiary. The election of price index published by the U.S. Bureau of Labor option 1 shall be null and void if the desig- Statistics. Adjustments of pension payments will nated beneficiary dies before the member's be made on October 1 of each year reflecting the benefit payments commence. change in the consumer price index over the twelve-month period ending three (3) months (2) Option 2-Ten (10) years certain and life before that date. The maximum increase or de- annuity. The member may elect to receive a crease in the member's pension benefit for any benefit, which has been adjusted to the one (1) year is three (3) percent. However, the actuarial equivalent of the normal form of member's pension benefit can never be reduced benefit, with one hundred twenty (120) below the amount the member received at date of monthly payments guaranteed. If the mem- retirement. Such adjustments shall apply to each ~ ber should die before the one hundred retirement, survivor or disability benefit in pay twenty (120) monthly payments are made, status as of each October 1. payments are then continued to his desig- (h) Limitation on benefits. In no event may a nated beneficiary until one hundred twenty member's annual benefit exceed the limitations of (120) payments in all have been. made, at Internal Revenue Code Section 415 as such pro- which time benefits cease. After expiration visions apply to governmental pension plans. The of the one hundred twenty (120) monthly provisions of Internal Revenue Code Section 415 guaranteed payments, should the retired that apply to governmental pension plans are member be then alive, payments shall be hereby incorporated into this plan by reference. continued during his remaining lifetime. (Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, (3) Option 3-Social security adjustment op- 11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No. tion. If a member retires before being eligi- 6-95, § 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95) ble for social security benefits, he may elect Supp. No. 11 154 ADMINISTRATION § 2-164 this option. A member may elect to receive each year at a rate equal to the change in a larger pension up to the date he begins the consumer price index, published by the receiving social security benefits. The U.S. bureau of Labor Statistics, over the member's pension benefits maybe reduced twelve-month period ending on the previ- or terminated after social security pay- ous June 30. The maximum rate for any ments begin. The amount of reduction shall year shall be seven (7) percent and the be actuarially determined. minimum rate shall be zero (0) percent. (4) Option 4-Other. In lieu of the other op- (4) Guaranteed refund. All benefits payable tional forms enumerated in this section, under this plan are in lieu of a refund of benefits may be paid in any form approved accumulated contributions. In any event, by the board so long as actuarial equiva- however, each member shall be guaranteed lence with the benefits otherwise payable the payment of benefits on his behalf at is maintained. least equal in total amount to his accumu- (Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4, laced contributions. 2-13-92) (b) State contributions. Any monies received or receivable by reason of the laws of the State of Sec. 2-163. Contributions. Florida for the express purpose of funding and (a) Member contributions. paying for the benefits of police officers or firefight- ers shall be deposited in the fund within the time (1) Amount. Members of the plan shall make prescribed by law. Such monies shall be for the regular contributions to the fund at a rate sole and exclusive use of members or may be used equal to two (2) percent of their respective to pay extra benefits for members. earnings. (2) Duration. Contributions shall be deducted (c) Employer contributions. So long as this plan from such earnings before the same are is in effect, the employer shall make contributions paid until the member has reached his to the fund in an amount at least equal to the actual retirement date or his termination chfference in each year as between the aggregate member and state contributions for the year and date whichever occurs first. Member con- the total cost for the year as shown by the most tributions shall be deposited in the fund on recent actuarial valuation report for the system. at least a monthly basis. In the event that The total cost for any year shall be deemed as the the employer agrees to assume and pay total of normal cost plus the additional amount member contributions in lieu of direct con- sufficient to amortize the unfunded actuarial lia- tributions by the member, such contribu- bility in accordance with applicable laws of the tions shall accordingly be paid into the plan State of Florida. The employer's contribution shall on behalf of the members. No member be deposited on at least a quarterly basis. subject to such agreement shall have the option of choosing to receive the contrib- (d) Forfeitures. Any forfeitures arising shall be uted amounts directly .instead of having applied to reduce future contributions to the plan. them paid by the employer directly to the No forfeited amount shall be applied to change plan. All such contributions by the em- benefit amounts for members. plover shall be deemed and considered as (Ord. 1Vo. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, part of the member's accumulated contri- 12-11-86; Ord. No. 1-92, § 5, 2-13-92; Ord. No. butions and subject to all provisions of this 30-95, § 4, 10-12-95) plan pertaining to accumulated contribu- tions of members. The intent of this lan- Sec. 2-164. Board of tx~.astees-Generally. guage is to comply with section 414(h)(2) of (a) Composition. The board of trustees shall the Internal Revenue Code. consist of five (5) members: four (4) of whom shall (3) Interest. Interest shall be credited to mem- be elected by a majority of the .members of the ber contributions as of September 30 of plan. Two (2) of the elected members shall be Supp. No. 11 155 § 2-164 NORTH PALM BEACH CODE f ~ ,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 provided, The trustees shall by majority 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, or hearings of the board. The trustees shall not receive any compensation as such, but may re- ceive expenses and per diem as provided by law. (b) Forfeiture of membership on board for ab- senteeism. In the event a member of the board shall fail to attend three (3) consecutive regular meetings of the board, such member shall be Supp. No. 11 156 ALCOHOLIC BEVERAGES § 3-3 Sec. 3-1. State law definitions adopted. As used in this chapter, the terms defined in F.S. sections 561.01, 563.01, 564.01 and 565.01, shall have the same meanings as indicated in such sections. Sec. 3-2. Sales restricted; hours of sale. It shall be unlawful for any person to sell or serve for consumption on premises or to consume, or to permit the sale or service for consumption on premises of any intoxicating liquors or beverages in any place holding a license from the state, or in any public place within the village, and it shall be unlawful for any person to buy, sell or deliver, or to permit the purchase, sale or delivery of any intoxicating liquors or beverages except beer, ale and wine in sealed containers for consumption off the premises: (1) Between the hours of 2:00 a.m. and 7:00 a.m. of any day including Sunday except January 1 of any year; or (2) Between the hours of 5:00 a.m. and 7:00 a.m. on January 1, of each and every year. (Code 1970, § 3-34; Ord. No. 226-71, § 1, 2-25-71; Ord. No. 8-80, § 1, 4-24-80; Ord. No. 4-96, § 1, 1-25-96) Sec. 3-3. Consumption on playgrounds and public parks. No person shall drink any spirituous, vinous, malt or other intoxicating beverages in or upon any of the following public parks, playgrounds or school grounds within the village: Anchorage Park, Osborne Park, North Palm Beach public school playground, Yacht Club recreation area on Lake Worth. (Code 1970, § 24-2) [The next page is 263] Supp. No. 11 213 \. i I i BOATS, DOCKS AND WATERWAYS § 5-84 b. Concrete piling is to be minimum eight- (i) Dolphins and tie poles. inch by eight-inch or eight-inch diam- (1) Bottom penetration is to be a minimum of eter reinforced with four (4) number six (6) feet. five (5) rods with number two (2) hoops eight (8) inches on center. C2) Materials and construction are to be the c. Wood piling is to be minimum ten-inch same as dock and pier pilings. butt diameter and the treatment shall (j) Commercial marinas. All .fixed docks and conform to AWPB MPl, MP2 or MP4. piers to be constructed in commercial marinas Pile cutoff shall be treated in actor- shall be concrete or equal. dance with AWPA M4. d. All piling are to be set a maximum of (k) Batter piles. ten (10) feet on center for timber deck (1) Batter piles are to be designed by a Florida construction. registered professional engineer. (2) Stringers and bracing. Stringers and brat- (2) Batter piles are to be constructed of pre- ing, if lumber, shall be a minimum two- stressed concrete. inch by eight-inch. (3) A building permit shall be required prior to (3) Decking. Decking, if lumber, shall be a construction for all batter piles. minimum two-inch by six-inch. (4) Batter piles shall be installed only under (4) Fasteners. the following conditions: a. All bolts, nuts, washers and nails shall a. Obstructions prevent use of standard be hot dipped galvanized or zinc plated tiebacks and anchors to reinforce bulk- or equal. heads. b. Stringers and braces shall be fastened b. Existing bulkhead has failed or is in with minimum one-half inch bolts. danger of failing. (5) Dock lumber. All dock lumber shall be pres- c. Not to be used in the construction of sure treated or equal. new bulkheads. (6) Concrete strength. All concrete shall be a (5) Base of batter pile shall extend a maximum minimum strength of thirty-five hundred of five (5) feet from the waterside face of the (3,500) psi in twenty-eight (28) days. bulkhead. (7) Blocks. If dock is to be supported by a (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. 35-90, 2-6, 9-27-90) bulkhead, four-inch by four-inch blocks or equal shall be bolted to bulkhead wall; stringer shall be bolted to four-inch by dec. 5-84. Regulations governing construc- four-inch blocks. tion in waters other than Lake Worth and Atlantic ®cean. (f) Structural equivalents permitted. Docks and piers of other design and material maybe permit- All docks or other approved structures to be ted when structurally equivalent to the above. constructed waterside of bulkheads or land in the lagoons, waterways or other bodies of water in the (g) Commercial docks and piers. All commer- village, other than the waters of Lake Worth and cial docks and piers are to be designed by a the Atlantic Ocean, shall be constructed in accor- Florida registered professional engineer. dance with the following requirements and regu- (h) Fixed, reinforced concrete construction re- lations: quired in certain cases. All docks and piers to be (1) Prior to a permit being issued by the vil- constructed in Lake Worth and the Atlantic Ocean lage, a permit shall be obtained from such shall be of reinforced concrete construction and be other authority that has a vested interest fined docks and piers. in the waterway. Supp. No. 11 327 § 5-84 NORTH PALM BEACH CODE (2) In regard to construction waterside of any (8) In the Earman River, dolphin poles, wave lot having fifty-foot or less frontage on the breaks, mooring posts, mooring buoys or water, docks shall not be placed within five floating anchors shall be placed not more (5) feet of the side property line extended. than twenty-five (25) percent of the water- (3) In regard to construction waterside of any way width from the bulkhead or the shore. lot having greater than fifty-foot frontage Wave breaks shall be allowed only at the on the water, docks shall not be placed entrance to Lake Worth. within ten (10}feet of the side property line (9) In West Lake and North Lake, dolphin extended. poles, mooring posts, mooring buoys or (4) Docks shall extend a maximum of five (5) floating anchors shall be placed a maxi- I mum of fifty (50) feet from the face of the feet out from the face of the bulkhead wall. bulkhead or the shore. (5) Piers not exceeding six (6) feet in width (10) Dolphin or mooring post location shall be may extend waterside a maximum of fif- determined by the building department. teen (15) feet in lagoons, twenty (20) feet in the North Palm Beach Waterway and Pros- (11) In no instance shall any structure extend perity Harbor, twenty-five (25) feet in West more than twenty-five (25) percent of the Lake and North Lake and not more than width of the water. twenty-five (25) percent of the waterway (Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No. width of the Earman River; provided how- 6-73, § 1; Ord. No. 36-95, 1, 2, 12-14-95) ever, that, a pier may extend waterside a maximum of fifty-five (55) feet when con- Sec. 5-85. Regulations governing construc- nected with a commercial marina opera- tion in Lake BVorth andl Atlantic tion in a commercial zoned piece of prop- Ocean. erty so long as said construction leaves a All piers, docks or other approved structures to minimum clear water distance of forty (40) be constructed waterside of the bulkhead line or feet between the pier and any opposite land of the village in Lake Worth, or the mean bulkhead or water structure which may be low-water mark of the Atlantic Ocean, shall meet constructed in accordance with this chap- the following regulations and requirements: ter. Piers located in the Earman River may (1) The design of any pier to be constructed be constructed with "L" or "T" heads pro- under the provisions of this division shall vided the maximum allowable length wa- be performed by an engineer registered in terside is reduced by twelve (12) feet. No the state, and detailed construction draw- pier shall be located closer to the side ings shall be submitted bearing the certifi- property line extended than its extension cation and seal of such engineer. waterside. (6) In la oons dol hin oles wave breaks (2) Prior to a permit being issued by the vil- g p p h 11 e obtained from such mooring posts, mooring buoys or floating lage, a permit s a b anchors shall be placed a maximum of other authority that has a vested interest twenty (20) feet from the face of the bulk- in the waterways. Nothing contained in head or the shore. Wave breaks shall be this division shall be construed to affect the allowed only at lagoon entrances opening rights or obligations connected with spoil into Lake Wort h. areas located in Lake Worth within one hundred (100) feet lakeward of the bulk- (7) In the North Palm Beach Waterway and head line referred to above and the grant- Prosperity Harbor, dolphin poles, mooring ing of a permit by the village does not posts, mooring buoys or floating anchors release the applicant from personally de- shall be placed a maximum of thirty (30) termining what, if any, effect such spoil feet from the face of the bulkhead or the areas may have upon any construction done shore. in accordance with this division. Supp. No. 11 328 BOATS, DOCKS AND WATERWAYS § 5-86 (3) No pier shall extend beyond. a line fifty (50) when, owing to special conditions, a literal en- feet waterside from and parallel to the forcemeat of the provisions of those sections of the bulkhead line of the village. village Code as they pertain to properties located (4) The centerline of all piers shall be on a on Lake Worth will result in unnecessary and uniform alignment. undue hardship. In order to authorize any vari- ance from the terms of those sections of the (5) Piers maybe constructed with "L" heads or village Code, the board of adjustment must find "T" heads of fifty (50) feet. A finger pier the factors set forth in F.S. section 163.225(3)(a), shall not exceed twenty-two (22) feet in (b), (c): length and shall be a maximum of six (6) feet and a minimum of three (3) feet in "(3) (a) To authorize upon appeal such vari- width. ante from the terms of the ordinance as (6) No point on any pier shall be closer than will not be contrary to the public interest twenty (20) feet to either side property line when, owing to special conditions, a literal projected along a line parallel to the pier enforcement of the provisions of the ordi- center line or closer than forty (40) feet to nance would result in unnecessary and any part of another pier. undue hardship. In order to authorize any (7) -All piers -shall be constructed with all ma- variance from the terms of the ordinance,. jor components including piling, beams, the board of adjustment must find: decks, etc., constructed of reinforced con_ "1. That special conditions and circum- crete. Piers shall have a maximum width of stances exist which are peculiar to the ten (10) feet, and a minimum width of six land, structure, or building involved (6) feet. and which are not applicable to other (8) Dolphins or mooring posts may be installed lands, structures, or buildings in the adjacent to piers, with location to be deter- same zoning district; mined by the building department. " 2. That the special conditions and circum- (9) In regard to construction waterside of any .stances do not result from the actions lot having fifty (50) feet or less frontage on of the applicant; the water, docks shall not be placed within " 3. That granting the variance requested five (5) feet of the side property line ex- will not confer on the applicant any tended. special privilege that is denied by this ordinance to other lands, buildings, or (10) In regard to construction waterside of any structures in the same zoning district; lot having greater than fifty (50) feet front- age on the water docks shall not be placed "4. That literal interpretation of the pro- withinten (10) feet of the side property line visions of the ordinance would deprive extended. _ the applicant of the rights commonly enjoyed by other properties in the same (11) Freestanding wave breaks shall not beper- .zoning district under the terms of the mitted. ordinance and would work unneces- (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. sary and undue hardship on the appli- 35-90, 7, 8, 9-27-90) cant; Sec. 5-86. Variances. "5. That the variance granted is the min- imum variance that will make possible The board of adjustment created and described the reasonable use of the land, build- in section 21-21 of this Code shall have the power ing or structures; to authorized upon appeal such variance from the "6. That the grant of the variance will be terms of sections 5-69 through 5-96, both inclu- in harmony with the general intent sive, as will not be contrary to the public interest and purpose of the ordinance and that Supp. No. 11 329 § 5-86 NORTH PALM BEACH: CODE such variance will not be injurious to necessary to prevent a land mass as described the area involved or otherwise detri- above from eroding into the adjacent body of mental to the public welfare. water. "(b) In granting any variance, the board. of (Code 1970, § 11-40; Ord. No. 4-74, § 2) adjustment may prescribe appropriate con- Sec. 5-95. Construction. ditions and safeguards in conformity with this part and any ordinance enacted under Construction plans and location of erosion con- its authority. Violation of such conditions trol structures shall be prepared by a Florida and safeguards,. when made a part of the registered engineer and be approved by the vil- termsunder which the variance is granted, lage engineer. Prior to a permit being issued, shall be deemed a violation of the ordi- permits shall also be obtained from any other nance. authorityhaving alegal interest in the waterway, "(c) The board of adjustment may prescribe a lake, river, lagoon or other body of water involved. reasonable time limit within which the (Code 1970, § 11-40; Ord. No. 4-74, § 2) action for which the variance is required Sec. 5-96. Control. shall be begun or completed or both." (Ord. IVo. 1-82, § 1, 1-28-82) Every erosion control structure shall be owned Secs. 5-87-5-92. and maintained by the village and shall be al- tered or removed under the authority and deci- sion of-the village council. Erosion control strut- DIVISION 5. EROSION CONTROL tares may be constructed by upland landowners STRUCTURES* under the supervision of the building official of the village. All erosion control structures shall meet the minimum design requirements set forth Sec. 5-93. Definition. in this chapter, including permits, fees, surety bonds, minimum design requirements and other As used in this division, "erosion control strut- regulations. tares" shall mean seawalls and/or groins designed (Code 1970, § 11-40; Ord. No. 4-74, § 2) to control and prevent erosion of existing land Secs.. 5-97-5-100. masses which lie outside established bulkhead lines or property lines in waterways, lakes, rivers, lagoons or other bodies of water in the village. ARTICLE IV. MAI2,IlVE SANCTUARIESt (Code 1970, § 11-40; Ord. No. 4-74, § 2) Cross reference-Rules of construction and definitions SeC. 5-101. Designation of waters as marine generally, § 1-2. Sanctuaries. Sec. 5-94. When permitted. (a) Definition. Marine sanctuary is defined as those areas within the village where the tide ebbs Erosion control structures shall be permitted to and flows including, but not limited to, Lake be constructed in the village only where land Worth, the Intracoastal Waterway and other wa- masses exist waterward of any property line or ter areas throughout the village which under bulkhead line in the village and within the rights- normal circumstances support vegetation typi- of--way of any waterway; lake, river, lagoon or tally adapted for life in the water and for the other body of water in the village other than the Preservation. and growth of nsh breeding, recre- Atlantic Ocean. Erosion control structures shall ation and aesthetic areas. be permitted when the village engineer and vil- j'Editor's note-Ordinance No. 18-79, § 1, adopted Sep- lage council determine that such structure is tember 13, 1979, amended the Code by adding § 7-25. How- ever, for purposes of classification, the new provisions have *Cross reference-Coastal construction code, § 6-151 et been redesignated as Ch. 5, Art. IV, § 5-101, at the editor's seq. - discretion. / Sapp. No. 11 330 BOATS, DOCKS AND WATERWAYS § 5-101 (b) Areas designated. The village nominates all water areas within its corporate limits, and, in particular, Lake Worth and the Intracoastal Wa- terway, to be designated as "a marine and wildlife sanctuary" as provided for under Title III of the Marine Protection, Research and Sanctuaries Act of 1972. -The village clerk is hereby directed to request the secretary of commerce to so designate those portions of North Palm Beach to be marine sanctuaries. (c) Area to be regulated. The village hereby declares the waters of Lake Worth and the Intracoastal Waterway within its municipal bound- aries to be a marine sanctuary in accordance with its findings that these waters support substantial fish breeding and are one of the last known fish breeding areas in Lake Worth, and contain therein unique mangrove species, mud flats and other areas conducive to fish breeding and .ecological conservation of marine life. Further, that such areas are necessary to be conserved for their ecological purposes, as well as for the substantial recreational purposes of fishing and boating which occur thereon, as well as for the aesthetic value of the substantial expanse of water, together with the marine life, mangroves and foliage connected therewith. Accordingly, the village council hereby undertakes to regulate water areas, mangrove areas and other fish breeding and recreation areas within the village to the extent that such regulations do not conflict with either state or federal law, .and no disturbance of existing areas within the village where the tide ebbs and flows may occur without the specific authorization, per- mit and license of the village, after due notice and hearing as to the ecological, conservation, recre- ation and aesthetic affect upon these areas shall be had. (d) Construction of section: The terms of this section shall be in addition to any other terms set forth in this Code which are concerned with applications for dredge and fill permits, applica- tions for building, setback applications, etc., and shall not be considered to be in lieu of any requirements contained in the village Code. (Ord. No. 18-79, § 1, 9-13-79) Cross reference-Filling permits, 7-16-7-20. [The next page is 381] Supp. No. 11 331 i HEALTH AND SANITATION § 14-28 ARTICLE I. IN GENERAL Sec. 14-26. Frequency of collection. Secss. 14-1-14-15. Reserved. Commercial garbage shall be collected at least three (3) times a week, and with greater fre- quency and in such manner as shall be directed ARTICLE II. GARBAGE, TRASH AND by the village manager. REFLTSE* (Code 1970, § 18-41) DIVISION 1. GENERALLY Sec. 14-27. Charges-Generally. All property within the village which is im- Secs. 14-1f:-14-22. Reserved. proved by a structure for which a certificate of occupancy is issued after February first of any DIVISION 2. GARBAGE COLLECTION AND year and for which garbage and trash collections DISPOSAL are made by the village shall pay the following fees for collection and disposal of garbage and Sec. 14-23. Definition. trash during the remainder of that calendar year in which the certificate of occupancy is issued: As used in this division, "commercial garbage" shall mean every refuse accumulation of animal, (1) One- and two-family homes, four dollars fruit or vegetable matter that attends the prepa- and twenty-three cents ($4.23) per dwell- ration, use, cooking and dealing in, or storage of ing unit per month, or fraction thereof. meats, fish, fowl, fruits or vegetables, and any (2) Dwellings of three (3) units or more, four other matter of any nature whatsoever which is dollars and twenty-three cents ($4.23) per subject to decay and the generation of noxious or unit per month, or fraction thereof. Where offensive gases or odors, or which, during or after a dwelling of three (3) or more units is a decay, may serve as breeding or feeding material condominium and the condominium associ- for flies or other germ-carrying insects. ation or the developer of the condominium (Code 1970, § I8-1) notifies the director of public services, gar- Cross reference-Rules of construction and definitions bage and trash fees shall be billed to the generally, § 1-2. individual owners of condominium units. Sec. 14-24. Garbage cans-Required. (3) For commercial establishments, four dol- lars and twenty-three cents ($4.23) per Garbage containers at each commercial estab- month, or fraction thereof. lishment within the village and at each multiform- (Code 1970, § 18-49; Ord. No. 2-74, § 1) ily dwelling which contains three (3) or more units shall provide dumpster-type garbage con- Sec. 14-28. Same-Fee for excess amounts tainers which can be collected by village garbage from commercial establishments. vehicles using the dumpster collection method. (Code 1970, § 18-23; Ord. No. 6-75, § 1, 6-12-75) In the event any commercial establishment has more than two (2) cubic yards of garbage at any Sec. 14-25. Same-To be kept covered. one (1) pickup, the occupant thereof shall pay one All commercial garbage cans shall be kept tightly dollar ($1.00) per cubic yard for all garbage col- covered at all times, except when necessary to lift lected in .excess of two (2) cubic yards. In the event the covers for the purpose of depositing garbage anY commercial establishment has more than six in the garbage can or for the purpose of emptying (6) cubic yards of garbage picked up during any such garbage into a garbage truck. one (1) week, the occupant thereof shall pay one (Code 1970, § 18-24) - dollar ($1.00) per cubic .yard for all garbage col- lected in excess of six (6) cubic yards per week. *Cross reference-Refuse disposal divisions, § 2-85(e). (Code 1970, § 18-48) Supp. No. 11 891 § 14-29 NORTH PALM BEACH CODE Sec. 14-29. Same-When and where paid. tax rolls. Failure to pay the fees when due may Ali payments required by this division shall be result in the discontinuance of the waste removal made to the village by the fifteenth of the month service and/or the placing of a lien by the village for which service is rendered. Ali delinquent ac- council in the :amount of the fees due against the counts are subject to stoppage of service without Property to which service is available, and/or notice. If a delinquent account is not paid within action. by the village code enforcement board. thirty (30) days, the director of public services shall cease all refuse collection for that account (4) The collection of garbage and trash by a unless otherwise directed by the village manager. private person, firm, or .corporation hired for such Service shall be resumed thereafter only upon purpose is prohibited except where dumpsters of payment of the accumulated fees for the period of greater than two-cubic-yard capacity are used. collection and the period of noncollection unless (Ord. No. 37-90, § 1, 10-25-90; -Ord. No. 34-91, § 1, the village manager specifically directs otherwise. 11-14-91; Ord. No. 18-92, § 1, 10-22-92; Ord. -No. The stoppage of service herein authorized for 19-94, § 1, 10-13-94; Ord. No. 8-96, § 1, 2- 8-96) nonpayment of collection charges shall be .in ad- dition to the right of the village to :proceed for the collection of such unpaid charges in a manner . provided bylaw. Secs. 14-31-14-36. Reserved. (Code 1970, 18-53; -Ord. No. 2-74, § 2) Sec. 14-30. Commercial use property waste disposal `:fees .and collection pro- DIVISION 3. ABANDONED, INOPERATIVE cedures. AND JUNKED PROPERTY* (1) For purposes of this section, commercial -use property shall include all property parcels in Sce. 14-37.:Def-anitions. the village upon whch.a building exists with the exception of residential use property, village- As used in this division, the following terms owned property and other property used for gov- shall have the indicated-meanings: ernmental purposes. (2) Annual disposal fees for garbage and -trash Motor vehicle includes all vehicles as defined in and all other refuse collected by 'the Village of F.S. section 320.01(1), or as elsewhere defined in North Palm Beach -shall be charged as herein the Florida Statutes, and shall include, in addi- provided, except as otherwise stated. tion, any vehicle which is self-,propelled -and de- Occupancy Category -Fee per Square Foot signed o =travel along the ..ground or water and shall include, but not be limited to, automobiles, Low $ 0.023 buses, motor scooters, .motor bicycles, motorcy- ' Medium 0.062 cles, trucks, tractors, go-carts, golf carts, campers, High 0.331 trailers and motorboats. Occupancy category is as determined by the Palm Beach County Solid Waste Authority. Private property means any real property within - Total square feet is as determined by the Palm the village which is>privately owned and which is not public property as defined in this section. ~I, Beach County Tax Appraiser. (3) Waste disposal fees shall be due and pay- .public property means any street or highway able to the village yearly in advance on October 1 which shall include the entire width between the of each ear re ardless of occu anc or use of the y g P y boundary lines of every way publicly maintained property charged. The fees shall be billed to the ' property owner of record as shown on the county *Cross reference-Motor vehicles and traffic, Ch. 18. Supp. No. 11 892 HEALTH AND SANITATION § 14-38 for the purposes of vehicular travel, and shall also mean any other publicly owned property or facil- ity. (Code 1970, § 23-16; Ord. No. 7-73) Cross reference-Rules of construction and definitions generally, § 1-2. Sec. 14-38. Prohibited conditions; enumer- ated exceptions. No person shall park, store, leave or allow or permit the storage, leaving or allowing of any abandoned, wrecked, dismantled, inoperative, Supp. No, ll 892.1 l 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 1970, § 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®~Iandicap spaces. Tlie 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-l~ton-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. 11 1175 l APPENDIX C-ZONING § 45-2 ARTICLE I. IN GENERAL lated residents who operate as the functional equivalent of a family, including such supervision Sec. 45-1. Short title. and care by supportive staff as may be necessary The provisions embraced within this ordinance to meet the physical, emotional, and social needs shall be known as the "zoning code" and may be so of the residents. cited. Decorative post structure is the support base for a light fixture and shall comply with the following Sec. 45-2. Definitions. requirements: For the purpose of this ordinance, certain words (1) The installation of a decorative post struc- and terms are defined as follows: tore shall comply with all village building, electrical and zoning codes. Accessory use is a use customarily incident and accessory to the principal use of land or building (2) .Free standing. located on the same lot. (3) Conform with the architectural design of Accessory building shall include a building cos- the main building veneer. tomarily incident and accessory to the principal (4) May be located within the main building use of land or building located on the same lot. In setback areas. R,-1 and R-2 residential dwelling districts an (5) Not more than two (2) decorative post struc- accessory building shall be limited to an automo- tares per driveway entrance and not more bile garage. than four (4) decorative post structures per Adult entertainment. Adult entertainment means lot. any adult arcade, adult theater, adult booth, adult (6) Not more than thirty (30) inches in width bookstore/adult video store, adult motel or adult .and depth and/or diameter. dancing establishment as defined in Ordinance No. 88-31, Palm Beach County Adult Entertain- (7) Not less than eighteen (18) inches setback merit Code; or any establishment or business from any lot line. operated for commercial gain where any em- (8) Not more than thirty six (36) inches in ployee, operator or owner exposes his/her speci- height without a fixture. Exception: Not fled anatomical area for viewing by patrons, in- more than seventy-two (72) inches in height eluding but not limited to: massage establishments without a fixture when setback a minimum whether or not licensed pursuant to Chapter 480, of thirty-five (35) feet from any side lot line Florida Statutes, tanning salon, modeling studio, or rear lot line on corner lots and not less or lingerie studio. than thirty-six (36) inches from any public Antiques: Objects of an earlier period such as right-of--way. furniture, jewelry, stamps, coins, miniaturized Detached fence storage area is a storage area replicas, works of art, or other decorative articles attached to a fence erected on the property line in that are collected primarily because of their age, conformance with fence requirements of the North history, or expectation of increasing value. Palm Beach Code. Such storage area shall not Child care facility means a licensed facility exceed three (3) feet in depth nor be longer or with more than five (5) children that are unre- higher than the fence to which it is attached. Said lated to the operator of the facility and which storage area shall be constructed of the same complies with F.S. chapter 402. material, design and color as the fence to which it is attached and the fence and storage area shall . Community residential home, as defined in F.S. be constructed of opaque materials which prop- chapter 419, means a dwelling unit licensed to erly screen the interior of the storage area from serve clients of the department of health and the view of the adjacent property owners. De- rehabilitative services, which provides a living tached fence storage areas shall not be erected environment for seven (7) to fourteen (14) unre- closer to the street than the adjacent front wall of Sapp. No. 11 2481 i ~ 45-2 NORTH PALM BEACH. CODE the main building. No such storage area shall be terraces, stoops, steps, or planting boxes which do erected unless its construction conforms to village not extend more than four (4) feet above the level ordinances. of the yard grade. Drug store is a store engaged in the sale of Front yard is that area between the front build- prescription drugs and other items not necessar- ing line and the front line of the lot, and extending ily related to pharmaceuticals. from one (1) side line to the other. Dwelling is any building or structure designed Lamp post is a free standing structure that is exclusively for residential occupancy. A dwelling not more than four (4) inches in width and depth may be designed for one-family, two-family or and/or diameter and not more than eighty-four multiple-family occupancy, but not including ho- (84) inches in height. The installation of a lamp tels, clubs, motels, boarding or lodging houses or post shall comply with alI village building, elec- house trailers whether such trailers be mobile or trical and zoning codes. A lamp post may be located in stationary fashion as when on blocks or installed within the main building setback area. other foundation. Living area is that area within any dwelling or Dwelling unit is a single unit providing com- rooming unit, measured between the inner sides plete, independent living facilities for one (1) or of the exterior walls, made usable for human more persons including permanent provisions for habitation, with the following exceptions: Any living, sleeping, eating, cooking and sanitation. utility room or storage space that is not accessible from within the principal structure; all common Family day care home is an occupied residence corridors, hallways or exits provided for access or in which child care is regularly provided for five vertical travel between stories of apartments of multifamil units. (5) or fewer preschool children from more than. y one unrelated family and which receives spay- Lot is a parcel of land occupied or to be occupied ment, fee or grant for any of the children receiving care, whether or not operated for profit. The by one (1) main building and its accessory build- maximumfive (5) preschool children shall include ings with such open and parking spaces as are preschool children living in the home and pre- required by the provisions of this ordinance, and school children received for day care and not having its principal frontage upon a street. related to the resident caregiver. Elementary school Lot of record is a part of the land subdivision, siblings of the preschool children receiving day the map of which has been recorded in the office of care may also receive day care outside of school the clerk of the court of Palm Beach County, hours provided the total number of children, Florida. including the caregiver's own and those related to the caregiver, does. not exceed ten (10). Mobile home park means a residential tenancy in which a mobile home is placed upon a rented or Floor area is all usable floor space within the leased lot in a park in which ten (10) or more lots exterior walls of a structure. are offered for rent or lease. Front, side and rear line of a building shall be Motel is a group of two (2) or more attached, deemed and construed to include both the main detached, or semidetached buildings containing portion of such structure and all projections there- guest rooms or apartments with automobile stor- from, including any garage, carport or an ex- age or parking space provided in connection there- tended roof beyond the normal eave or cornice with, designed and used primarily by automobile forming a cover or roof over an entrance to such transients. dwelling. Any awnings or shutters supported by vertical posts, columns or pipes shall also consti- Occupied shall be deemed to include the words tute the building line. The building line shall not "arranged," "designed" or "intended to be occu- include the eaves of such structures nor any open pied." Supp. No. 11 2482 APPENDIX C-ZONING § 45-2 Pharmacy is an establishment engaged in the ing codes, electrical codes, zoning codes and preparation of prescription drugs and the sale of other village codes that may apply thereto. drugs, prosthetic supplies, surgical instruments (4} Not more than one (1) satellite television and supplies, and sale and/or rental of aids for antenna shall be allowed on any lot. invalids. (5) Satellite television antennas shall meet all Rear yard is that area between the rear build- manufacturer specifications, be of noncom- ing line and the rear lot line, and extending from bustible and corrosive-resistant material, one (1) side line to the other. On all lots the rear and be erected in a secure, wind-resistant yard shall be in the rear of the front yard facing manner. Every such antenna must be ade- the street. quately grounded for protection against a direct strike of lightning. .Resident of a community residential home means any of the following: an aged person as defined in (6) Satellite television antenna shall be screened F.S. chapter 400; a physically disabled or handi- from all adjoining private property by an capped person as defined in F.S. chapter 760; a opaque fence, an opaque wall or by natural developmentally disabled person as defined in landscape planting so planted as to provide F.S. chapter 393; a nondangerous mentally ill maximum opacity that is a minimum of six person as defined in F.S. chapter 394; or a child as (6) feet in height from grade. defined in F.S. chapter 39. Residents, as defined in F.S. chapters 400, 760, 393 and 394, shall not Setback means the distance measured from a reside in the same community residential home side, rear and front lot line or from the currently as a child as defined in F.S. chapter 39. designated ultimate right-of--way line (i.e., fed- - eral, state, county and village) to the closest point Satellite television antenna is an apparatus within the lot that may be occupied by a building capable of receiving communications from atrans- or an accessory structure. Front setbacks shall be mitter or a transmitter relay located in planetary based on the platted front line of the property or orbit. Usable satellite signal is a signal which, on the ultimate right-of--way line as determined when viewed on a conventional television set, is by the village. at least equal in picture quality to that received from local commercial television stations or by Side yard is that area between the side building way of cable television. Satellite dish antennas line and the side line of the lot and extending from may be erected as an accessory structure in R-1 the front building line to the rear building line. and R-2 zoning districts, subject to the following Story is that portion of a building between the restrictions: surface of any floor and the surface of the floor (Z) The satellite television antenna shall be next above it, or, if there be no floor above it, then mounted on the ground only, and shall be the space between any floor and the ceiling next located only in the rear yard of any lot. The above it. satellite television antenna shall be placed so that there shall be a rear and side yard Street is any public or private thoroughfare of not less than five (5) feet, or if a corner which affords the principal means of access to lot, a side street yard of not less than abutting property. It may be designated on the twenty (20) feet. map as a street, avenue, boulevard, drive, place, (2) Such antenna shall not exceed fifteen (75) court, road, terrace, way, circle, lane, walk, path feet in height, including any platform or or otherwise. structure upon which said antenna is Time-share unit is a dwelling unit in which the mounted or affixed. Such antenna may not right of use or occupancy circulates among vari- exceed fifteen (15) feet in diameter. ous persons for specific periods of time less than (3) Installation of a satellite television an- one (1) year in accordance with a fixed time tenna shall comply with the village build- schedule. Supp. No. 11 2483 § 45-2 NORTH PALM BEACH CODE Used shall be deemed to include the words meat, change, modify or repeal by ordinance the "arranged", "designed" or "intended to be used." boundaries or districts or regulations or restric- tions herein established, after public hearing. Yard is the open space on the same lot with the main building, unoccupied and unobstructed from Sec. 45-6. Penalty for violation of provi- the ground upward. lions. Xeriscape means a method of water conserve- Any person who shall violate any of the provi- tion gained through the utilization of trees, shrubs,. lions of this ordinance or fail to comply therewith vines, plants, groundcover and turf grasses which or with any of the requirements thereof, or who are drought tolerant. The implementation of ap- shall build or alter any building in violation of any propriate planning and design, use of soil amend- detailed statement or plan submitted and ap- ments, efficient irrigation, practical turf grass, proved thereunder; upon conviction thereof shall use of drought tolerant plants, mulches and ap- be punished as provided in section 1-8 [of the propriate maintenance results in reduced water village Code], and each day such violation shall be consumption but still provides a very wide range permitted to exist shall constitute a separate of attractive landscaping alternatives. offense. The owner or owners of any buildings or (Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82; Ord. premises or part thereof, where anything in. vio- No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1, 6-28-90; lation of this ordinance shall be placed, or shall Ord. No. 21-90, § 1, 6-28-90; Ord. No. 23-90, § I, exist, and any architect, builder, contractor, agent, 6-28-90; Ord. No. 10-95, § 1, 3-23-95; Ord. No. person or corporation employed in connection 23-95, § 1, 7-17-95; Ord. No. 29-95; § 1, 9-28-95) therewith shall each be guilty of a separate of- Cross reference=Definitions for Code in general, § 1-2. fense and upon conviction thereof shall be pun- ished as provided in section 1-8. Sec. 45-3. Interpretation of provisions. Secs. 45-7--45-15. Reserved. In interpreting and applying the provisions of this ordinance, they shall be held to be the mini- mum requirements for the promotion of the public ARTICLE II. GENERALLY health, safety, morals and general welfare of the community. Sec. 45-16. Division of village into districts; districts enumerated. - Sec. 45-4. Conflict of provisions. In order to classify,. regulate and restrict the (1) It is not intended by this ordinance to uses of land and buildings, the height and bulk of interfere with or abrogate or annul any ease- buildings, the amount of open spaces about build- ments, covenants or other agreements between ings, intensity of land use, the Village of North parties. Palm Beach, Florida is divided into eleven (11) zoning districts, as follows: (2) That where this ordinance imposes a greater ~ R-1 Single-family dwelling district restriction upon the use of buildings or premises, or upon the height of buildings, ar requires larger R-2 Multiple-family dwelling district open spaces than are imposed or required by R-3 Apartment dwelling district other ordinances, rules, regulations or by ease- G-A Commercial district ments, covenants, or agreements, the provisions C-1A Limited commercial district of this ordinance shall control. CB Commercial district C-1 Neighborhood commercial district C-2 General commercial district Sec. 45-5. Changes and amendments. C-3 Regional business district The village council may, from time to time, on P Public district its own motion or on petition, amend, supple- C-OS Conservation and open space Supp. No. 11 2484 APPENDIX C-ZONING § 45-18 In the creation of this ordinance of the respec- shall be considered a violation of this ordi- tive districts, the village council has given due nance and punishable as provided under and careful consideration to the peculiar suitabil- section 45-6 of this ordinance. ity of each district for the particular uses and (4) Location; final authority. Regardless of the regulations applied thereto and to the densities of existence of purported copies of the official zoning population, all in accordance with the comprehen- map which may, from time to time, be made or sive development plan of the village. published, the official zoning map which shall be (Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1, located in the office of the village clerk shall be 9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No. the final authority as to the current zoning status 1-95, § 1, 3-23-95) of land and water areas, buildings, and other structures in the village. Sec. 45-17. Official .zoning map. (5) Damaged; destroyed, etc. In the event that (1) Adopted by reference. The aforesaid dis- the official zoning map becomes damaged, de- tricts and the boundaries thereof are as shown stroyed, lost or difficult to interpret because of the upon the "official zoning map" which, together nature or number of changes and additions, the with all explanatory matter thereon, is hereby village council may, by resolution, adopt a new adopted by reference and declared to be part of .official zoning map which shall supersede the this ordinance as if the information set forth on prior official .zoning map. The new official zoning the map was all fully described and set out map may correct drafting or other errors or orris- herein. sions in the prior official zoning map, but no .such corrections shall have the effect of amending the (2) Identification. The official zoning map shall original official zoning map or any subsequent be identified by the signature of the mayor at- amendment thereto. The new official zoning map tested by the village clerk, and bearing the seal of shall be identified by the signature of the mayor the village under the following words: "This is to attested by the village clerk and bearing the seal certify that this is the official zoning map referred of the village under the following words: "This is to in section 3 of Ordinance No. 20 of the Village to certify that this official zoning map .supersedes of North Palm Beach, Florida, as amended," to- and replaces the official zoning map adopted (date gether with the date of the adoption of this of adoption of map being replaced) as part of ordinance. Ordinance No. 20 of the Village of North Palm Beach, Florida." (3) Changes. Unless the prior official zoning map has been (a) If, in accordance with the provisions of this lost, or has been totally destroyed, the prior map ordinance changes are made in district or any significant parts thereof remaining shall boundaries or other matter portrayed on be preserved, together with all available records the official zoning map, such changes shall pertaining to its adoption or amendment. Each be entered on a new official zoning map replacement official zoning map shall be num- promptly after the amendment has been tiered in consecutive order as adopted. approved by the Village Council. The new (Ord. No. 208-70, 3-12-70; Ord. No. 26-95, § 1, official zoning map shall be adopted in 8-24-95) accordance with provisions set forth in Sec- tion 45-17(5). Sec. 45-18. Boundary conflict interpreta- tions. (b) No changes of any nature shall be made in the official zoning map or matter shown Where uncertainty exists as to the boundaries thereon except in conformity with the pro- of any district shown upon the zoning map, the cedures set forth in subsection (3)(a). Any following rules shall .apply: unauthorized change of whatever kind or (1) Where district boundaries are indicated as any failure to make a change when directed following street, alley or lot lines, said lines by ordinance by any person or persons shall be construed to be such boundaries. Supp. No. 11 2485 § 45-18 NORTH PALM BEACH CODE Where any public street or alley is hereaf- safety, property values, and general welfare of the ter officially vacated or abandoned, the people, businesses, and industries of the Village regulations applicable to each parcel of of North Palm Beach. It is not the intent of the abutting land shall apply to the portion of Village Council to legislate with respect to mat- such street or alley added thereto by virtue ters of obscenity. These matters are regulated by of said vacation or abandonment. federal and state law, including Chapter 847 of (3) In case any further uncertainty exists, the the Florida Statutes. It is not the intent of the i village council shall interpret the intent of Village Council in adopting this section to con- the map as to the location of such bound- done distribution of obscene materials. aries. This section is intended to provide for the proper location of adult entertainment establish- Sec. 45-19. Buildings and uses to conform to ments in the C-1 Neighborhood Commercial Dis- district regulations. trict and to protect the integrity of adjacent neighborhoods, educational institutions, religious Except as hereinafter provided: institutions, parks and other commercial enter- A. No building shall be erected, reconstructed prises. Proper separation of adult entertainment or structurally altered, nor shall. any build_ establishments prevents the creation of "skid- ing or land be used which does not comply row" areas in the village which results from the with the regulations for the district in concentration of these establishments and their which such building or land is located. patrons. It is the intent to limit the secondary B. No building shall be erected, reconstructed effects of adult entertainment establishments as or structurally altered to exceed the height set out in the findings of fact contained within the or bulk limits herein established for the Palm Beach County Adult Entertainment Code, Ordinance No. 88-31. district in which such building is located. C. The minimum open spaces around a main The locational restrictions contained in this building as provided for in this ordinance section should not be construed as to apply only to shall not be encroached upon or be consid- those residential zoning districts, religious insti- ered as open spaces for any other building. tutions, educational institutions, parks and other commercial enterprises which cater to or are D. There shall not be more than one (I) main attended by persons under eighteen (18) years of building and its customary accessory build- age. The restrictions within this section are also ing on a lot as defined by this ordinance. intended to ensure that residential. zoning dis- E. The types, location and uses of buildings trios, educational institutions, religious institu- and land publicly owned and used in the tions, parks and other commercial enterprises are performance of a public function may be located in~areas free from the secondary effects of permitted in any district, provided such adult entertainment establishments. type, location and use is approved by the The location of residential zones, educational village council. The village council may institutions, religious institutions, parks and. other limit the length of time of such type, loca- commercial enterprises within viable, unblighted tion and use. and desirable. areas support the preservation of (Ord. No. 2-82, § 1, 1-28-82) property values and promote the health, safety and welfare of the public at 1_arge, Sec. 45-20. t~dult entertainment establish- ment. (2) Findings of fact. Based on the evidence and testimony presented at first reading and public (1) Legislative intent. The intent. of the village hearing, the Village Council of the Village of , council in adopting this section is to establish North Palm Beach reaffirms the findings of fact reasonable and uniform regulations for the adult contained within the Palm Beach County Adult entertainment industry that will protect the health, Entertainment Code and on the findings incorpo- Supp. No. 11 2486 APPENDD~ C-ZONING § 45-20 rated in the United States Attorney General's community and the concurrences of these activi- Commission on Pornography (1986): "A Summary ties is hazardous to the health and safety of those of a National Survey of Real Estate Appraisers persons in attendance and tends to depreciate the Regarding the Effect of Adult Bookstores on Prop- value of adjoining property and harm the eco- erty Values," conducted by the Division of Plan- nomic welfare of the community as a whole. These ping, Department of Metropolitan Development, secondary effects are adverse to the public's inter- city of Indianapolis, January 1984; the "Study of est and quality of life, tone of commerce and total the Effects of Concentration of Adult Entertain- community environment in the Village of North ment Establishments in the City of Los Angeles, " Palm Beach. conducted by the Planning Committee for the Los The combination of the sale or consumption of Angeles City Council, June 1977; the study con- alcoholic beverages with the display or exposing ducted by the City of Austin, Texas; the Metropol- of specified anatomical areas is adverse to the itan Bureau of Investigation (MBI) for the Ninth public's interest and quality of life, tone of com- Judicial Circuit (Orlando area); and information merce and total community environment in the from Tampa, Florida, detailing the effects of adult Village of North Palm Beach. entertainment establishments in the Tampa area. In addition to the foregoing recitals, the village (3) Definitions. The following words, terms and council further finds that: Phrases, when used in this ordinance, shall have the meanings ascribed them in the Palm Beach (a) The possession, display, exhibition, distri- County Adult Entertainment Code at time of bution and sale of books, magazines, mo- passage of this ordinance, except where the con- tion pictures, prints, photographs, periodi- text clearly indicates different meaning. cals, records, novelties and devices which Adult arcade depict, illustrate, describe or relate to spe- cific anatomical areas" or "specified sexual Adult bookstore/adult video store activities" as the terms are defined herein Adult booth are business activities that exist or may exist within the village. Adult dancing establishment (b) Businesses where employeesincluding danc- Adult entertainment establishment ers and entertainers perform or are pre- Adult material sented while displaying or exposing "spec- Adult motel ified anatomical areas" as that term is defined herein exist or may exist within the Adult theater village. Adult video store (c) Where the activities described in para- Alcoholic Beverage graphs (a) and (b) above are present, the experience of many other communities in- Board dicate that illegal activities tend to occur Code including, but not limited to, prostitution, pandering, solicitation for prostitution, lewd Commercial Gain and lascivious behavior, exposure of minors Commercial establishment to harmful materials, the possession, dis- Conviction tribution and transportation of obscene ma- terials and of controlled substances. Department The village council further finds there is a Educational Institution direct relationship between the display or expos- Employee ing of specified anatomical areas and an increase in criminal activities, moral degradation and dis- Establishment turbances of the peace and good order of the Inspector Supp. No. 11 2486.1 § 45-20 NORTH PALM BEACH CODE ~i Licensed premises services for conformance with the require- Licensee ments of the village's land development regulations. Operator (c) The distance requirements of subsection Person (a) are independent of and do not supersede the distance requirements for alcoholic bev- Principal stockholder erage establishments which may be con- Private Performance tamed in other laws,. rules, ordinances, or regulations." Specified anatomical areas (5) Measurement of distance. The distance from Specified criminal act a proposed or existing adult entertainment estab- i (4) Prohibited locations. lishment to apre-existing adult entertainment establishment, apre-existing religious institu- (a) Notwithstanding any other provision of this tion, to Zoning District P, public district, apre- Code, or any provision of the village plan- existing religious institution, apre-existing edu- ning, land development and zoning regula- cational institution, child care facility, family day tions, no person shall propose,. cause or care. home or community residential home, an permit the operation of, or enlargement of, area zoned for residential- use, an area designated an adult entertainment establishment on the future land use map of the comprehensive which, while in operation or after enlarge- plan as residential, apre-existing residence, a ment, would or will be located within one pre-existing park or apre-existing commercial thousand (1,000) feet of a preexisting com- establishment that sells or dispenses alcohol shall mercial establishment that in any manner be measured by drawing a straight line between sells or dispenses alcohol for consumption the closest lot lines of the proposed or existing on premises within five hundred (500) feet adult entertainment establishment and the pre- of Zoning District P, public district, within existing adult entertainment establishment, pre- one thousand (1,000) feet of apre-existing existing religious institution, Zoning District P, religious institution, within five hundred public district, pre- religious institution, apre- (500) feet of apre-existing educational in- existing educational institution, child care facil- stitution, child care facility, family day care ity, family~day care home or community residen- home orcommunity residential home, within tial home, an area zoned for residential use, a two hundred (200) feet of an area zoned for pre=existing residence, apre-existing park or a residential use, within two hundred (200) pre-existing commercial establishment that sells feet of an area designated as residential on or dispenses alcohol that is located outside the the future land use map of the Village's incorporated limits of the Village of North Palm comprehensive plan, within two hundred Beach. This provision is intended to prevent within (200) feet of the lot line of apre-existing the Village of North.. Palm Beach the adverse residence, within five hundred (500) feet of impacts and secondary effects created by the a pre-existing park, or within two thousand concentration of adult entertainment establish- (2,000)feet of another adult entertainment ments and the placement of such establishments establishment. in close proximity to the other specified uses, (b) In addition to the distance requirements whether the other specified uses are located within set forth in subsection (a), an adult enter- ar without the incorporated limits of Village of tainment establishment shall not be al- North Palm Beach. lowed to open, exist or do business any- (6) No variance. There shall be no variance to where except in the C-1 zoning district the distance. requirements of this section. where adult entertainment establishments are an expressly permitted use subject to (7) Nonconforming uses. If any nonconforming review by the village director of public adult business ceases to do business for a contin- Supp. No. 11 2486.2 APPENDIX C-ZONING § 45-21 uous period of ninety (90) days, it shall be deemed specified anatomical areas, or any male abandoned and shall not thereafter reopen except or female forms at or below the clavi- in conformance with these regulations. cle). (8) Supplemental administrative requirements. (9) Display or exposure of specified anatomical area. It shall be unlawful for any person to (a) Rules of construction. This section shall be display or expose any specified anatomical area to liberally .construed to accomplish its pur- others, regardless of whether such person is ac- pose of regulating and dispersing adult tually engaging in dancing, in any commercial entertainment establishments and related establishment where alcoholic beverages are, or activities. are available to be sold, dispensed, consumed, (b) Development design and improvement Stan- possessed, or offered for sale or consumption on Bards. The staff shall compare the official the premises. The penalty for violation of this plans of the building department and offi- subsection (9) shall be revocation of occupational cial zoning map against the plan submit- license issued by the village. ted. (10) Disclosure of names aliases and dates of (c) All adult materials shall be located and the birth of employees. Owners and operators of all activities of employees which include the adult entertainment establishments in the village _ exposure of specified anatomical areas shall shall disclose to the village the names, aliases and take place within the adult business prem- dates of birth of all employees in their respective ises. establishments. Such information shall be fur- (d) No adult materials or activities of employ- nished the village in writing prior to issuance or ees which include the exposure of specified renewal of an occupational license of the village anatomical areas shall be visible from the and at such other times as requested by village exterior of the adult business premises in officials. The failure to make such disclosure shall any way including, but not limited to, ex- result in either the loss of occupational license or terior apertures such as opened doors and the failure of the village to issue a new occupa- unobscured windows. tional license or renewal thereof. (e) No merchandise, advertising or depictions (11) Enforcement. The provisions of this Code of the activities of an adult business shall may be enforced by: be displayed on the exterior of the adult (a) A suit brought by the village council in the business premises or in any location where Circuit Court of Palm Beach County to they are visible from public right-of--way. restrain, enjoin, or prevent a violation of (f) No adult business shall display a sign: this Code; and (1) Advertising the presentation of any (b) Enforcement proceedings by the village's activity prohibited by Florida Statute code enforcement board; and law or any applicable village ordi- (c) Criminal prosecution; and nance; or (2) Capable of leading a reasonable person (d) Any and all other legal proceedings and remedies available to the village as pro- to believe that the establishment en- vided by law. gages in an activity prohibited by Flor- (Ord. No. 22-95, § 1, 7-17-95; Ord. No. 37-95, ida Statute law or any applicable vil- 1-8, 12-14-95; Ord. No. 6-96, § 1, 1-25-96) lage ordinance. (3) Containing any flashing lights, photo- Sec. 45-21. Reserved, graphs, silhouettes, drawings or picto- , Editor s note~Section 45-21, relative to oceanfront land rial representations of any manner (ex- in the R-1 district, has been repealed by Ord. No. 4-82, § 1, cept for the logo of the establishment, enacted Jan. 28, 1982. The former section did not bear a provided the logo shall not contain any history note. Supp. No. 11 2486.3 § 45-22 NORTH PALM BEACH CODE f- Sec, 45-22. Oceanfront land-Ocean setback. C, Building site area regulations. The mini- mum lot or building site area for each single- There shall be a building setback line of not less family dwelling shall be seven thousand five than fifty (50) feet from the dune line, or one hundred (7,500) square feet and have a width of hundred (100) feet from the highwater line, which- not less than seventy-five (75) feet, measured at ever distance is greater, for all. property bordering the building line. on the Atlantic Ocean. The measurement of the setback from the dune line and the highwater line D. Yard space regulations. shall be to the closest edge of any building to be 1. Front yard. There shall be a front yard of constructed on the Atlantic oceanfront. not less than twenty-five (25) feet. mea- (Ord. No. 23-72, § 1) sated from the street line to the front Secs. 45-23-45-26. building line. 2. Rear yard. There shall be a rear yard of not ARTICLE III. DISTRICT REGULATIONS* less than twenty (20) feet measured from the rear building line to the rear lot line. Sec. 45-27. R-1 single-family dwelling das- 3. -,side yards. There shall be a side yard on trict. each side of the side building line of not less than ten (10) feet. In the case of corner lots, A. Uses permitted. Within any R-1 single- no building and no addition to any building family dwelling district no building, structure, shall be erected or placed nearer than twenty land or water shall be used except for one (1) or (20) feet to the side street line of any such more of the following uses: lot. 1. Single-family dwellings with accessory build- (a) For a distance of one block on streets ings customarily incident thereto. intersecting U.S. #1, measured from 2. Public schools. the right-of--way line of said U.S. #1, 3. Parks and recreation facilities owned or side yards of at least twenty-five (25) feet in depth shall be provided. leased by or operated under the supervi- sion of the Village of North Palm Beach. E. Off-street parking regulations. At least one 4. Detached fence storage areas. parking space of at least two hundred (200) square feet shall be provided, consisting of a durable 5. Satellite dish antenna. surfaced area, enclosed in the dwelling, in an 6. Community residential homes. Comma- accessory building or in an unenclosed area, ex- nity residential homes. of six (6) or fewer elusive of the driveway connecting the parking residents which otherwise meet the defini- space with the street. tion of a community residential home, pro- (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. vided that such homes shall not be located No. 17-90, § 2, 6-28-90; Ord. No. 29-95, § 2, within a radius of one thousand (1,000) feet 9-28-95) of another existing such home with six (6) or fewer residents. Sec. 45-28. R-2 multiple-family dwelling dis- trict. 7. Family day care home. A. Uses permitted. Within any R-2 multiple- 8. Kamp post. family dwelling district, no building structure, 9. Decorative post structure. land or water shall be used, except. for one (1) or more of the following uses: B. Building height regulations. No main build- ing shall exceed two (2) stories in height and no 1. Any use permitted in the R-1 single-family accessory building more than one (1) story. dwelling district. *Cross reference-Home occupations, § 17-2. Sapp. No. 11 2486.4 APPENDD~ C-ZONING § 45-34.1 4. Maximum number of wall signs: h. Appeals: Notwithstanding conflicting One (1) permanent wall sign is appeal procedures found elsewhere in permitted for each business which this Code, all requests for modifica- has direct ground level walk-in tinns to sign regulations in the C-3 access from a public or private zoning district shall be made through roadway or sidewalk, and one ad- the special C-3 PUD procedures found ditional permanent wall sign iden- below in 45-34.1(10). tifying the building is permitted for each multiple occupancy com- (g) Surface water management. A complete sur- plex. face water management system shall be provided to current standards of the South 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- towhich it is attached; or seven (7) tially redeveloped. percent if the front building set- back is greater than seventy (70) (9) Reserved. feet; or ten (10) percent if the front (10) Special C-3 Planned Unit Development building setback is greater than (PUD) provisions.. Land in a C-3 zoning one hundred (100) feet. However, district may have fragmented ownership or in no case shall a wall sign exceed may adjoin a municipal boundary. Despite one hundred (100) square feet in these complications, the Village of North size. Palm Beach desires to provide for an added d. Roof signs are erected and constructed degree of flexibility in the placement and wholly on and over the roof of a build- interrelationship of the buildings and land ing, and are supported by the roof uses in this district. One (1) or more land- structure or are an integral part of the owners in the C-3 district may elect to use roof. Roof signs are not permitted in these special PUD procedures to seek ap- the C-3 district. proval of a site development plan that e. Size computations: When these regula- resolves ownership or boundary complica- tions establish the maximum size of a tions and/or which differs from the literal sign, it shall be computed by means of terms of these zoning and land develop- the smallest square, circle, rectangle, ment regulations. These procedures may triangle, or combination thereof that also be used to seek approval for certain will encompass the extreme limits of land uses that are not permitted by right in the writing, representation, emblem, the C-3 district (see section 45-34.1(1) above) or other display, together with any or to request a specific modification to the material or color forming an integral sign regulations. However, any PUD ap- part of the background of the display proval under these procedures must be or used to differentiate the sign any consistent with the spirit and intent of the backdrop or structure against which it C-3 zoning district and must also be con- is placed. sistent with the Comprehensive Plan. f. Allowable colors: Notwithstanding the a. Allowable changes to existing regula- regulations in Chapter 6 of this Code, tions: No PUD approval can permit color tones utilized for all signs com- any development that is inconsistent plying with these regulations shall be with the Comprehensive Plan. Subject compatible with .surrounding area. to this limitation, changes maybe con- g. Lighting: Signs containing illumina- sidered through this process to any tion shall be turned off by 12:00 a.m. other zoning and land development (midnight) each night, or when the regulation that the village council finds business closes, whichever is later. would unduly constrain desirable re- Supp. No. 11 2507 § 45-34.1 NORTPI PALM BEACH CODE 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 on 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- tion 45-34.1(10)b. for which the 3. Nursing or convalescent homes. applicant is requesting approval. 4. Offices for non-profit, religious, or 5. Any volunteered limiting condi- governmental activities. tions that could provide assur- c. Nfinimum PUD requirements: There is antes that the development as pro- . no minimum parcel size for PUD ap- posed would fiu ther the intent and plications. However, most favorable con- spirit of the C-3 district and the sideration will be given to applications Comprehensive Plan. that encompass the largest possible land area, and no parcel that is smaller The site development plan, lists of alter- than its size when this section was nate standards and additional land uses, adopted (March, 1995) maybe submit- and volunteered conditions should be sub- ted unless it was properly platted mitted in a format suitable for attachment through the provisions of these land to an ordinance approving the requests. development regulations. All parcels e. Approval process: PUD applications un- submitted in a single PUD application der this section shall be forwarded must be contiguous and must be owned along with recommendations from staff by or under the unified control of the to the planning commission, which af- applicant. ter holding a public hearing shall make d. Application procedures: PUD applica- a formal recommendation of approval, tions made under this section shall be partial approval, or disapproval. The accompanied by the applicable. fee and village council shall also hold a public hearing and decide whether to ap- shall contain the following: - prove, partially approve, or disapprove 1. Satisfactory evidence of unified con- the PUD application. Unless the appli- trol of the entire area within the cation is disapproved in full, this ac- proposed PUD; agreement to abide tion shall be by ordinance. The appli- by the conditions of approval, if cant may then proceed to obtain all granted; and ability to bind succes- other needed development permits in sors in title to these conditions if accordance with the village's regula- the proposed development is built. tions. 2. A proposed site development plan £ Applications abutting or crossing a mu- in sufficient detail to show the nicipal boundary: Any PUD applica- approximate locations of build- tion for property abutting or crossing ings, parking areas, and the Lake Park town boundary shall Supp. No. 11 2508 APPENDIX C-ZONING § 45-35.1 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 B. Subject to the foregoing statement of in- be made by the village council only at a joint meeting with the Lake Park Town tent, the village council may, in the case of Commission. commercial and residential planned unit (Ord. No. 8-95, § 1(Exh. A), 3-23-95; Ord. No. developments, allow for minor modifica- 18-95, 1, 2, 7-13-95; Ord. No. 1-96, § 1, 1-11-96) tions of the provisions of this chapter in accordance with the procedure set forth in subsections II, III, N and V. $ec. 45-35. Public district. II. Filing of application. Within any P public district, uses shall be restricted to those necessary or essential to the A. Any person may file an application with administration and operation of the village or any the village council for minor modifications other governmental agency, including, but not of the provisions of this chapter. This ap- limited, . to village hall, recreation facilities, wa- plication shall contain at least the follow- terworks, pumping stations and sewage facilities. ing: (Ord. No. 3-82, § 1, 1-28-82) 1. All application and review procedures shall comply with section 21-12, Sec. 45-35.1. Planned unit development. .Changes to zoning ordinances and sec- - tion 45-49, Application for rezoning, of I. Statement of intent. this Code. A. The intent of this section is to provide, in 2. A statement listing and fully explain- the case of a commercial planned unit ing the specific modifications of the development consisting of two and one-half provisions of this chapter 45 which are (2.5) or more acres and in the case of a desired, as well as the purposes for residential planned unit development of which the modifications are intended. five (5) or more acres, an added degree of 3. All application procedures shall be as flexibility in the placement and interrela- required by the subdivision provisions tionship of the buildings and uses within of this Code. the planned unit development, together with the implementation of new design 4. Compliance with the village compre- concepts. At the same time the intensity of hensive plan is required. land use, density of population and amounts 5. Land covered by the development plan of light, air, access and required open space shall be platted concurrently with final will be maintained for the zoning district in approval of the development plan. which the proposed project is to be located. 6. The fee for filing an application for a The village council hereby determines that planned unit development shall be one the regulations pertaining to intensity of land use, density of population and re- hundred dollars ($100.00) per acre for quired open space are the minimum require- each acre contained within the bound- ments for the protection and promotion of ary of the development plan, plus a the public health, safety and general wel- prorated amount of the per acre fee for fare. Nothing herein should be construed any portion of the development plan as allowing deviation for uses other than which exceeds evenly divisible acre- those specified as permitted uses, nor any age. greater density of population nor any less 7. The final approved development plan required open space than that which is shall include the plat drawings and Sapp. No. 11 2509 45-35.1 NORTH PALM BEACH CODE _ necessary submittals demonstrating ac- 11. In the event any building or structure ceptability of all factors and standards built under this section is destroyed or evaluated in subsection IV(A). removed by or for any cause, said build- s. A11 dwelling unit sizes, parking crite- ing or structure, if replaced, shall be ria and building site coverage must replaced with a building or structure of meet the requirements of the zoning similar size and type not exceeding the code for each type of proposed use. dimensions of the original building or 9. All land included for the purpose of structure. The developer shall include development within a planned unit de- the appropriate deed restrictions and/or velopment shall be owned or under the covenants so as to require replacement unified control of the applicant for such as outlined above. zoning designation, whether the appli- III. Referral to planning commission. The vil- cant is an individual, partnership, cor- lage council shall refer each application for a poration, trust or group of individuals, planned unit development to the planning com- partnerships, trusts or corporations. mission for study and recommendation. The applicant shall present satisfac- IV. Action of planning committee [commission.] tory evidence of the unified control of the entire area by applicant within. the A. After a study of an application for a planned proposed planned unit development and unit development and the required public shall state agreement that, if he pro- hearing, the planning commission shall ceeds with the proposed development, make a recommendation to the village coun- he will: ciI to approve, approve as modified, or a. Do so in accordance with the offi- reject the application based upon the fol- cially approved development plan lowing standards: and such other conditions or mod- 1. The proposed use or uses shall be of ifications as may be attached to such location, size and character as to the conditional use. be in harmony with the appropriate b. Provide agreements, covenants, and orderly development of the zoning contracts, deed restrictions or sure- district in which situated and shall not ties acceptable to the village coup- be detrimental to the orderly develop- . cil, both for completion of the un- menu of adjacent zoning districts. dertaking in accordance with the 2. The location and size of the proposed adopted development plan, and also use or uses, the nature and intensity of for the continuing operation and the principal use and all accessory maintenance of areas, functions uses, the site layout and its relation to and facilities which the plan shows streets giving access to it, shall be such are not to be operated or main- that traffic to and from the use or uses, tained at general public expense. and the assembly of persons in connec- c. Bind his development successors tion therewith, will not be hazardous in title to any commitments made or inconvenient to the neighborhood under subsections a. and b., pre- nor conflict with the normal traffic of ceding. the neighborhood. In applying this stan- 10. Any tract of land for which a planned . dard, the commission shall consider, unit development is made shall con- among other things: convenient routes tain sufficient width, depth and front- for pedestrian traffic, particularly of . age on a public dedicated arterial or children; the relationship of the pro- majorstreet or appropriate access which posed project to main traffic thorough- will accommodate the proposed use fares and to street and road intersec- and design. bons; and, the general character and Supp. No. 11 2510 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• ~ 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 8 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 10-22-92 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-i9-219 13-93 5-13-93 1, 2 9-21, 9-22 14-93 6-10-93 1 19-208 18-93 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 6-111-6-117 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 17-33 18-94 9-22-94 1-4 26-51-26-54 19-94 10-13-94 1 14-30(2) Supp. No. 11 2883 NORTH PALM BEACH CODE ~- Adoption Section Ord. PIo. 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) 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 i-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) [The next page is 2933] Supp. No. 11 2884 CODE INDEX Section Section LICENSES AND PERMITS-Contd. LICENSES AND PERMITS-Contd. Code enforcement board, applicability re 2-173 Sidewalk and driveway permits 24-55 et seq. Driveways. See herein: Sidewalk and Drive- See: STREETS, SIDEWALKS AND PUB- way Permits LIC PLACES Flood damage prevention development per- Street excavation permits 24-28, 24-29 mit 12.5-22 Swimming pool construction permit....... 25-23, 25-24 Garage, related sales 17-62 Tr'easure's duties re permits and licenses.. 2-51(11) Home occupations. See also that subject Utilities Generall 17-16 et se Use of rights-of--way for utilities; written y q. Occupational license for home occupa- permit 28-2, 28-3 tions 17-2(c) et seq. LOTS Noise control; special permits excepted.... 19-.119 Subdivision design standards 36-18 Occupational licenses Zoning regulations 45-1 et seq. Application for 17-18 See: ZONING (Appendix C) Commercial vehicles, marking of 17-33.1 LOUDSPEAKERS Compliance by principal deemed compli- ance by agent 17-29 Noise control policy re loudspeakers and Delin uenc enalt devices for .advertising 19-105 - q Y P Y 17-20 Doing business not covered by license... 17-28 Duplicate licenses . 17-27 ~ Duration . _ . 17-19 MANAGER. See: VILLAGE MANAGER False statements Engaging in business without license MANGROVE STANDS or under license issued on........ 17-32 Flood damage prevention provisions 12.5-45 License obtained by void ab initio 17-28 MAPS. See: SURVEYS, MAPS AND PLATS Half-year license 17,19 Home occupations. -See also that subject MARINE SANCTUARIES Generally 17-16 et seq. Designated.............................. 5-101 Occupational license for home occu- MAY, SHALL pations 17-2(c) et seq. Definitions and rules of construction...... 1-2 Issuance 17-19 Noncompliance of principal 17-29 MAYOR Nonprofit enterprise, special permit for . 17-22 Civil disorders and disturbances; mayor Posted or carried, license to be 17-26 designated local authority for preserva- Ii,efund of fee 17-30 tion of public peace 8-16 Registration required 17-17 Village council; presiding officer at meet- . Renewal 17-20 ings................................ 2-18 Required; basis of one year 17-16 MEASURES. See: WEIGHTS AND MEA- Specified professions, how tax construed SURES as to 17-21 Suspension or revocation 17-30 MEETINGS. See: ASSEMBLIES Tax exemptions 17-31 MISSILES, STONES, ETC. Tax schedule 17-33 Throwing missiles....................... 19-83 Transfer of license New location 17-25 MONTH New owner 17-24 Definitions and rules of construction 1-2 Variable factors within applicant's knowl- edge, declaration where fee depends MONUMENTS 17-23 Subdivisions, required improvements re... 36-27 on When due and payable 17-19 MOTOR VEHICLES AND TRAFFIC Park and recreation facilities; meeting and Ambulances . 17-50, 17-51 gathering permits 20-31 et seq. Businesses located outside village limits; See: PARKS, PLAYGROUNDSAND REC- marking of commercial vehicles 17-34.13 - REATION Fire division, provisions re cars and desig- Public services department, division of per- nated emergency vehicles 12-31 et seq. mits and inspections 2-85(1) See: FIRE PREVENTIONAND PROTEC- Seawalls. See herein: Bulkheads and Sea- TION walls Hitchhiking prohibited 19-6 Supp. No. 11 2945 NORTH PALM BEACH CODE Section Section MOTOR VEHICLES AND TRAFFIC-Confd. NOISE-Confd. Junked vehicles Noise control policy 19-100 Abandoned, inoperative and junked prop- Periods of observation 19-114 erty 14-37 et seq. Radios.................................. 19-104. See: GARBAGE AND TRASH Special permits excepted 19-119 Noise control policy, provisions re......... 19-103 et seq. Unnecessary, excessive or offensive noise See: NOISE Unlawful to make 19-101 Occupational licenses; marking of commer- Vehicle defect or condition of load......... 19-109 cial vehicles 17-33.1 Voluntary compliance.................... 19-115 Park regulations re traffic 20-5 NORTH PALM BEACH, VILLAGE OF. See: Parking. See herein: Stopping, Standing VILLAGE and Parking Public safety department NUDITY Police division, provisions re traffic 2-76(b)E5) Zbpless costumes prohibited 19-64 Public services department Division of signal service 2-85(3) NUISANCES Stopping, standing and parking Abandoned, inoperative and junked prop- Parking restricted 18-34 erty 14-37 et seq. Recreational, boating and camping equip- See: GARBAGE AND TRASH went; parking on residential prop- Animals creating nuisances 4-12 erty restricted 18-35 False alarms Signs, parking in violation of........... 18-36 Excessive false alarms declared public Violations; fines nuisance 19-212 Handicap spaces 18-37 Rabid animals declared nuisance ~ 4-42 Non-handicap spaces 18-38 Weeds and brush........................ 14-79 et seq. Vehicular operation See: WEEDS AND BRUSH Speed limits NUMBER Generally 15-16 Definitions and rules of construction...... 1-2 Specific streets 18-17 Weight limitations on certain roads..... 18-18 O MUSICAL INSTRUMENTS OATH, AFFIRMATION, SWEAR, OR SWORN Noise control 19-104 Administrative code, provisions re oaths of office 2-41 N Definitions and rules of construction 1-2 NOISE Election inspectors and clerk; oath required 10-59 Animal noises 19-107 General employees retirement board; oaths Buildings, premises or property of office 2-154 Noise from 19-102 Reserve police force;. oath required........ 23-47 Code enforcement board, applicability re 2-173 OBSCENITY. See: INDECENCY AND OB- Conduct, noisy and boisterous............. 19-106 SCENITY Construction activity, permissible time for. 19-111 Definitions 19-99 OBSTRUCTIONS Electronic audio equipment 19-104 Passageways, obstructing 19-47 Enforcement OCCUPATIONAL LICENSES Authority 19-116 Procedure Regulations enumerated 17-16 et seq. All other noises 19-117(b) See: LICENSES AND PERMITS Motor vehicle noise enforcement, oper- OFFENSES ating 19-117(a) Definitions.............................. 19-1 Engine exhaust 19-108 Enumerated 19-3 et seq. Exemptions 19-120 See also specific offenses as indexed Fixed mechanical equipment 19-112 State misdemeanors adopted............. 19-2 Horns and signal devices 19-103 Loading, unloading and unpacking 19-110 OFFICERS AND EMPLOYEES Loudspeakers and devices for advertising . 19-105 Administrative code 2-39 et seq. Measurement procedure 19-113 See: ADMINISTRATIVE CODE Musical instruments 19-104 Definitions and rules of construction...... 1-2 Noise control measurement standards other Elections. See also that subject than motor vehicle noise standards 19-118 Generally 10-1 et seq. Supp. No. 11 2946 CODE INDEX Section Section ZONING (Appendix C) ZONING (Appendix C)-Contd. (Note~ections contains herein refer to Height 45-34.1(5) sections contained within Appendix C) Landscaping 45-34.1(4) Adult entertainment establishments Lot coverage; maximum 45-34.1(6) Administrative requirements; supplemen- Off-street loading and internal circula- tal tion 45-34.1(3) Plan review 45-20(8)(b) Off-street parking..................... 45-34.1(2) Rules of construction 45-20(8)(a) Permitted uses 45-34.1(1) Definitions 45-20(3) Setbacks.............................. 45-34.1(5) Disclosure of names aliases and dates of Signs 45-34.1(7) birth of employees 45-20(10) Special C-3 Planned Unit Development Display or exposure of specified anatom- (PUD) provisions 45-34.1(10) ical area 45-20(9) Surface water management............ 45-34.1(8) Enforcement 45-20(11) C-A Commercial District Findings of fact 45-20(2) Architecture 45-31(J) Legislative intent 45-20(1) Conditions for permitted uses 45-31(C) Measurement of distance 45-20(5) Floor area 45-31(I) Nonconforming uses 45-20(7) General description.................... 45-31(A) Prohibited locations 45-20(4) Height................................ 45-31(D) Variance, none 45-20(6) Off-street parking and loading 45-31(G) Amendments Off-street parking lot layout, construc- Changes and amendments 45-5 tion and maintenance..... , 45-31(H) Fees; waiting periods Permitted uses 45-31(B) Application for variances 45-50 Yards and open spaces................. 45-31(F) Applications for rezoning, etc......... 45-49 CB Commercial District Architecture Architecture 45-31.1(J) C-A Commercial District 45-31(J) Conditions for permitted uses 45-31.1(C) CB Commercial District 45-31.1(J) Floor area , 45-31.1(I) Buildings General description 45-31.1(A) District regulations, buildings and uses Height 45-31.1(D) to conform to 45-19 Off-street pazking and loading 45-31.1(G) Floor area regulations. See herein: Floor Off-street parking lot layout, construc- Area tion and maintenance 45-31.1(H) Height regulations. See herein: Height Permitted uses 45-31.1(B) Nonconforming uses of land and strut- Site area 45-31.1(E) tures. See herein that subject Yards and open spaces 45-31.1(F) Site area regulations. See herein: Site Changes and amendments 45-5 Area Conflict of provisions 45-4 C-1 Neighborhood Commercial District C-OS Conservation and Open Space Dis- Conditions for permitted uses 45-33(G) trict Floor area 45-33(F) Coastal zone protection................ 45-35.2(C) Heights 45-33(B) Intent................................ 45-35.2(A) Off-street parking 45-33(E) Permitted uses........................ 45-35.2(B) Permitted uses 45-33(A) Definitions............,................. 45-2 Site area 45-33(C) Adult entertainment establishments.... 45-20(3) Yards and open spaces 45-33(D) Rules of construction 45-20(8)(a) C-lA Limited Commercial District Historic site overlay district............ 45-37(b) Conditions for permitted uses 45-32(G) Districts Floor area 45-32(F) Division of village into districts......... 45-16 Height 45-32(B) Enumerated 45-16 Permitted uses 45-32(A) See also specific districts as indexed Site area 45-32(C) General provisions 45-36 Yards and open spaces 45-32(D) Fire sprinkler systems; automatic C-2 General Commercial District C-3 Regional Business District 45-34.1(9) Height, site area, yards and open spaces, Floor area off-street parking and floor area 45-34(C) C-1 Neighborhood Commercial District.. 45-33(F) Performance standazds 45-34(B) C-lALimited Commercial District...... 45-32(F) Permitted uses 45-34(A) C-2 General Commercial District 45-34(C) C-3 Regional Business District C-A Commercial District 45-31(I) Fire sprinkler systems; automatic 45-34.1(9) CB Commercial District 45-31.1(I) Supp. No. 11 2965 NORTH PALM BEACH CODE Section Section ZONING (Appendix C)--Confd. ZONING (Appendix C)-Confd. R-2 Multiple-Family Dwelling District 45-28(E) C-lA Limited Commercial District...... 45-32(E) R-3 Apartment Dwelling District 45-30(F) C-2 General Commercial District 45-34(C) Height C-3 Regional Business District 45-34.1(2) C-1 Neighborhood Commercial District.. 45-33(B) C-A Commercial District 45-31(G), (H) C-lA Limited Commercial District , 45-32(B) CB Commercial District 45-31.1(G), (H) C-2 General Commercial District 45-34(C) R-1 Single-Family Dwelling Districts 45-27(E) C-3 Regional Business District 45-34.1(5) R-2 Multiple-Family Dwelling District 45-28(F) C-A Commercial District 45-31(D) R-3 Apartment Dwelling District 45-30(E) CB Commercial District 45-31.1(D) Open spaces. See herein: Yards and Open R-1 Single-Family Dwelling Districts 45-27(B) Spaces R-2 Multiple-Family Dwelling District 45-28(B) Parking R-3 Apartment Dwelling District 45-30(B) Historic site overlay district Off-street loading and internal circula- 45-37(b) tion. See herein that subject Definitions . 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 standards Placement on 45-37(E) C-2 General Commercial District 45-34(B) Certificate of appropriateness 45-37(H) Permitted uses Criteria for listing on 45-37(F) C-1 Neighborhood Commercial District.. 45-33(A), (G) Effect of listing on 45-37(G) C-lA Limited Commercial District...... 45-32(A), (G) Purpose 45-37(a) C-2 General Commercial District 45-34(A) Interpretation of provisions 45-3 C-3 Regional Business District......... 45-34.1(1) Landscaping C-A Commercial District 45-31(B), (C) C-3 Regional Business District 45-34.1(4) CB Commercial District 45-31.1(B), (C) Loading, off-street. See herein: Off-Street C-OS Conservation and Open Space Dis- Loading and Internal Circulation trict 45-35.2(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) t\ 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 sub- Filing of application 45-35.1(II) ject Planning commission Nonconforming uses of land and structures Action of 45.35,1(IV) Adult entertainment establishments 45-20(7) Referral to 45-35.1(III) Extension and enlargement , 45-61 Statement of intent 45-35.1(I) Intent 45-60 Village council Land, nonconforming uses of........... 45-63 Action of 45-35.1(V) Lots of record, nonconforming 45-62 Effect of approval of 45-35.1(VI) Repairs and maintenance 45-66 Public district Structures and premises in combination, Restricted uses 45-35 nonconforming uses of 45-65 R-1 Single-Family Dwelling District Structures, nonconforming 45-64 Annexed land in....................... 45-20 Temporary uses 45-67 Height................................ 45-27(B) Oceanfront land Off-street parking 45-27(E) Ocean setback 45-22 Permitted uses........................ 45-27(A) Official zoning map Site area 45-27(C) Adopted by reference 45-17(1) Yards and open spaces................. 45-27(D) Boundary conflict interpretations 45-18 R-2 Multiple-Family Dwelling District Buildings and uses to conform to district Community residential home regulations 45-28(G) regulations 45-19 Floor area 45-28(E) Changes 45-17(3) Height................................ 45-28(B) Damaged, destroyed, etc 45-17(5) Off-street parking..................... 45-28(F) Identification 45-17(2) Permitted uses........................ 45-28(A) Location; final authority 45-17(4) Site area.............................. 45-28(C) Off-street loading and internal circulation Yards and open spaces 45-28(D) C-3 Regional Business District 45-34.1(3) R-3 Apartment Dwelling District Off-street parking Floor area 45-30(F) C-1 Neighborhood Commercial District.. 45-33(E) Height 45-30(B) Supp. No. 11 2966 CODE INDEX Section ZONING (Appendix C~Cont'd. Off-street parking 45-30(E) Permitted uses 45-30(A) Site area 45-30(C) Yards and open spaces 45-30(D) Setbacks C-3 Regional Business District 45-34.1(5) Oceanfront land 45-22 Short title 45-1 Signs C-3 Regional Business District 45-34.1(7) Site area C-1 Neighborhood Commercial District.. 45-33(C) C-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 Yards and open spaces C-1 Neighborhood Commercial District.. 45-33(D) C-lA Limited Commercial District 45-32(D) C-2 General Commercial District 45-34(C) C-A Commercial District 45-31(F) CB Commercial District 45-31.1(F) R-1 Single-Family Dwelling Districts 45-27(D) R-2 Multiple-Family Dwelling District 45-28(D) R-3 Apartment Dwelling District _ 45-30(D) Supp. No. 11 2967 l