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Code of Ordinances Supplement 10 svPPr.El+~rrr rro. to September 1995 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 26-85, adopted August 24, 1995. See the Code Comparative Table for further information. Remove old pages Insert new pages xi gv xi-xv Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 133 133 135, 136 135-136.1 156.3-162 157-163 999, 1000 999, 1000 1293, 1294 1293, 1294 2045, 2046 2045, 2046 2481-2486 2481-2486.3 2501-2510.1 2501-2510.6 2819 2819 2883, 2884 2883, 2884 2935, 2936 2935-2936.1 2939, 2940 2939-2940.1 2943, 2944 2943-2944.1 2947-2950 29472950.1 2965-2967 2965-2967 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1-800-262-CODE -- I I ~I ,i TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. II. Territorial Boundaries 3 Art. III. Legislative . 6 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. 10 xi NORTH PALM BEACH. CODE- Chapter Page Div. 3. Pension and Certain Other Benefits for Gen- eral:Employees 144 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 149 Div. 5. Length of Service- Award Plan for Volunteer Firefighters 158 Art. VI. Cade Enforcement Board 159 3. Alcoholic Beverages 21;1 . 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats . 266 Art. III. Rabies Control 26$ 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching .Area 323 Art. III. Construction Requirements 324 Div L 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 j 8. Civil Emergencies 507 Art. I. In General 509 ~ Art, II. Cavil D~so_rders and Dis*urha.*:ces 509 9. Country Club 559 Art. I. In General 561 1 Art. II. Administrative Board 562 Art. III. Finances 563 615 10. Elections Art. I. In General 617 Supp. No. 10 Xil I TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. N Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 12. Fire Prevention and Protection 723 Art, I. In General 725 Art. II. Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 .Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction......... 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse... 891 Div. 1. Generally 891 Div. 2. Garbaga Collection and Disposal 891 Div. 3. Abandoned, Inoperative and Junked Prop- erty 892 Art. III. Reserved 895 Art. IV. Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations 1051 Art. I. In General 1053 Art. II. Occupational Licenses 1054 Art. III. Businesses Located Outside Village Limits 1060 Art. IV. Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 17.5 Reserved 1121 18. Motor Vehicles and Traffic 1171 Art. I. In General 1173 Supp. No. 10 xiii NORTH PALM BEACH CODE _ _ j Chapter Page e Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking 1173- 19. Offenses and Miscellaneous Provisions 1225 Art. I. In Gener-al 1227 Art. II. Reserved 1228 Art. III. Offenses Against Property 1228 Art. IV. Offenses Against Public Morals 1228 . Art. V. Offenses Against Public Peaee 1229 Art. VI. Noise Controh 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 l 21. Planning and Development 1343 t Art. I. In General 1345 \ Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art, N Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection liegulations 1363 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 ~ Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places . 1517 Art. I. In General 1519 Art. II. Excavations 1519 Div. 1. Generally 1519 Div. 2. Permit 1520 Art. iii. Sidewaiks and Driveways . 150 Div. 1. Generally 1520 Div. 2. Permits 1522 _ 25. Swimming Pools 1573 Art. I. In General 1575 Art. II. Construction Permits 1576 Art. III. Public and Private Pools 1577 Supp. No. 10 XiV TABLE OF CONTENTS-Contd. Chapter Page 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax 1629 Art. N Utility Tax 1630 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1683 Div. 1. Generally 1683 Div. 2. Reserved 1686 Div. 3. Requirements for Certain Yard Areas, Off- . Street Parking and Other Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval....... 2358 Art. III. Design Standards 2365 Art. N Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Staius 2379 C. Zoning 2479 Art. I. In General 2481 Art. II. Generally 2484 Art. III. District .Regulations 2486.2 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. 10 xV l Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements, Page No. Supp. No. Page No. Supp. No. Title page 1 145, 146 9 iu 1 147, 148 9 v, vi OC 149, 150 9 vii, viii OC 151, 152 9 ix OC 153, 154 9 x.i, x.ii 1 155, 156 9 x.iii 1 156.1, 156.2 3 xi, xii 10 157, 158 10 xiii, xiv 10 159, 160 10 xv 10 161, 162 10 1 OC 163 10 3, 4 8 211 OC 5, 6 9 213 OC 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 OC 133 10 329, 330 OC 135, 136 10 331 OC 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. 10 [1] . NORTH PALM BEACH CODE Page No. Supp.. No. Page. No. Supp: No. 393, 394 7 1054.1,. 1054.2 9 395,. 396_ Z 1055, 1056 8 397, 398 7 1057, 1058 8 398.1,.. 398.2 7 1059, 1060 8 398.3, 398.4. 7 1061, 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, 39$.12 8 11.73, 1174 7 398:13, 398.14 8 1.175 7 398.15, 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, 124U 6 559 OC 1241 6 561, 562 6 1289 3 563, 564 6 1291,. 1292- OC 615 OC 1293, 1294 10 617, 61.8 OC 1343' 4 619,. 620 6 1345, 1346 OC 671 2 1342, 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 I~~, 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 8 1519, 1520 OC 892.1 8 1521, 1522 OC 893, 894 OC 523 vC 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. 10 [2} I CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 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, 2880 OC 2053 OC 2881, 2882 OC 2353 OC 2883, 2884 10 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 9 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 10 2965, 2966 10 2483,2484 10 2967 10 2485, 2486 10 2486.1, 2486.2 10 2486.3 10 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 10 2509, 2510 10 2510.1, 2510.2 10 2510.3, 2510.4 10 2510.5, 2510.6 10 2511, 2512 OC Supp. No. 10 ~3~ l Chapter 2 ADMINISTR~TION* Art. I. In General, 2-1-2-15 Art. II. Council, 2-16-2-38 Div. 1. Generally, 2-16-2-25 Div. 2. Rules of Procedure, 2-26-2-38 Art. III. Administrative Code, 2.39-2-114 Div. 1. Generally, 2-39-2-50 Div. 2. Department of ~easury, 2-51-2-58 Div. 3. Department of Finance, 2-59-2-66 Div. 4. Department of Records, 2-67-2-74 Div. 5. Department of Public Safety, 2-75-2-83 Div. 6. Department of Public Services, 2-84-2-92 Div 7. Department of Library, 2-93-2-101 Div 8. Department of Country Club, 2-102-2-109 Div 9. Department of Recreation, 2-110-2-114 Art. IV. Manager, 2-115-2-128 Art. V Pensions and Retirement Systems, 2-129-2-170.11 Div. 1. Generally, 2-129-2-135 Div. 2. Social Security, 2-136-2-145 Div. 3. Pension and Certain Other Benefits for General Employees, 2-146-2-158 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees, 2-159-2-170 Div. 5. Length of Service Award Plan for Volunteer Firefighters, 2-170.01-2-170.11 Art. VI. Code Enforcement Board, 2-171-2-180 *`Charter reference-Administrative provisions generally, Art. IV Cross references-Rabies control, § 4-42 et seq.; elections, Ch. 10; fire division, § 12-29 et seq.; library board, § 16-16 et seq.; impersonation of village officers, § 19-14; enforcement procedures for noise regulations, § 19-117; local planning agency designated, § 21-12; taxation, Ch. 26; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. Supp. No. 10 133 iii it l ADMINISTRATION § 2-15 ARTICLE I. IN GENERAL mine the amount of money to be raised by taxa- tion in the village for the following fiscal year and Sec. 2-1. Committee and boards. shall also make separate and several appropria- tions for the payment of all necessary operating (a) No person may be a member of any board expenses of the village and for the payment of created by the village council to advise the village interest and principal of any indebtedness of the council on any matter unless such person shall be village, and to set forth an estimate of all income and remain a resident of the village during the from all .sources whatsoever which shall be re- term of office. ceived by the village. (b) Any person who, when appointed to any such advisory board is a resident of the village but who later terminates such residency, shall, imme- (c) Before final passage of the budget ordi- diately upon termination of residency, be deemed nance, the village clerk shall cause the same as to be no longer a member of such advisory board introduced to be posted at the village hall and in and shall have no right or privilege to vote or at least one {1) other conspicuous place in the participate in matters of such board. village. At those places the village clerk shall post a notice stating the time and place the budget will (c) Any person who, within the term of his be acted on finally and shall also state in such appointment to the board, is absent from any notice that the estimate of the village manager three (3) regularly scheduled meetings of the upon which the budget is based is on file for board without such absence being excused by inspection of the public at the office of the village affirmative action of the board shall automatically clerk. The budget ordinance shall not be passed be deemed to no longer be a member of such by the council until twelve (12) days after such advisory board and shall have no right or privi- lege to vote or participate in matters of such Posting, but not later than September 30. board. The chairman of the board shall advise the (Ch. 31481 (1956), Laws of Fla., Art. VII, § 3; Ch. village council when any member falls within the 65-1969, Laws of Fla., § 5; Ord. No. 21-76, § 1, purview of this subsection. 10-14-76; Ord. No. 15-77, 1, 2, 8-25-77) (Code 1970, § 2-18) Charter reference~Provisions of former charter not em- braced in or inconsistent with 1976 revision continued in effect as ordinances, Art. VI, § 1. Sec. 2-2. Eudget procedures. (a) The village manager shall prepare and sub- mit to the members of the council, at least forty- Sec. 2-3. Adjournment of meetings of boards five (45) days prior to the first regular meeting of and commissions. the council in September of each year, a budget for the operation of the village government during the next fiscal year, including an estimate of the ~ regular meetings, special meetings and work- revenues and expenditures in such forms as to shop meetings for village boards and commissions afford the council a comprehensive understanding shall be adjourned on or before 11:00 p.m. on the of the needs and requirements of the various date when the meeting convened. . divisions of the village government for the ensu- (Ord. No. 21-95, § 1, 7-27-95) ing year. Sufficient copies of this budget shall be prepared so that there shall be at least three (3) copies on file in the office of the village clerk. (b) The council is hereby authorized and em- Secs. 2-4-2-15. Reserved. powered to prepare and adopt a budget for each fiscal year by ordinance to be introduced at the first regular meeting of the council in September of each year, which ordinance shall fix and deter- Supp. No. 10 135 § 2=16 NORTH PALM BEACH CODE _- ARTICLE II. GOUNCIL* one (1) of the meetings, the chair shall at that time entertain a motion that the meeting be DIVISION 1. GENERALLY reconvened at a time and date certain, but upon failure of the council to agree upon such motion, the meeting shall be adjourned and the business Sec. 2-16. Compensation. pending at the time of adjournment shall be the The compensation of all members elected to the first item on the agenda of the next meeting of the village council is hereby fixed at the sum of three village council pertaining thereto. hundred dollars ($300.00) per month. (Ord. No. 24-79, § 1, 11-8-79) (Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; Ord. No. 2-88, § 1, 1-14-88} Secs. 2-20-2-25. Reserved. Charter reference-Compensation, Art. III, § 4. DIVISION 2. RJLES OF PROCEDLTR:E-~ Sec. 2-17. Regular meetings-When held. The regular meetings of the village council Sec. 2-26. Order of business. shall be held on the second and fourth Thursdays The following order shall be observed in the of each month. transaction of business, but such order may be (Code 1970, § 2-8) varied by unanimous consent of the councilmen Charter reference-Meetings procedure, Art. III, § 9(a>. present: Seca 2-18. Same-Presiding officer. (1) Roll call; (a)` The mayor shall preside at all meetings, if (2) Invocation; present,. and in his absence, thevice-mayor. In the (3) Pledge of allegiance; absence of both the mayor and vice-mayor, the president pro tem shall preside. (4) Approval of minutes; (b) The presiding officer shall preserve order (5) .Report of mayor;. and decorum. 1•-Ie shall appoint all committees (6) Statements. from the public; unless the council shall otherwise direct. (7) Petitions and' communications; (c)` Terms of mayor. No person may serve more (8) Reports of special committees and recom- than one-year term as mayor of the village. A mendations of advisory boards;. person who served as mayor of the village for one , (1) term shall not serve as mayor during the (9) Village manager s report; following council year, but beginning one (1) year (10) Ordinances; after termination of his one-year term as mayor of (11) Resolutions; the villa a he ma a ain serve as ma or for a g ~ Y g Y - 12 1Vlscellaneous business eriod not. to exceed one 1 ear. ( ) p ()Y (Code 1970,. § 2-9; Ord. No. 218-70, § S; Ord. No. (13) Adjournment. 8-82, § 1, 4-22=82) (Code 1970, § 2-17; Ord. No. 6-74, § 1) Sec. 2.19. Adjoument of all' meetings. Sec. 2-27. Parliamentary rules. All regular meetings, special meetings and work- The presiding officer, when the council is in shop meetings for the village council- shall be session; shall enforce parliamentary rules. for its adjourned on or before 11:00- p.m. on the date government so far as they are applicable to such when the meeting convened. In the event. there is legislative body pending business on the floor at 11:00 p.m. during (Code 1970, 2-19) *Charterr~ference-Legislative provisions generally, Art. 1'Charter reference-Authority to determine rules of pro- III. cedure, frt. III, 9(b). supp. No. 10 136- I ADMINISTRATION § 2-39 Secs. 2-28-2-38. Reserved. ARTICLE III. ADMINISTRATIVE CODE , DIVISION 1. GENERALLY Sec. 2-39. Definition. As used in this article, unless the context other- wise requires: Chief administrator or administrator is the village manager. (Code 1970, § 2-31) Supp. No. 10 136.1 r l ADMINISTRATION § 2-170 upon repeal of this plan or if contributions to the Sec. 2-169. Miscellaneous. plan are discontinued: (a) Discharged members. Members entitled to (1) Members already retired under the retire- a pension shall not forfeit the same upon dis- ment provisions of the plan and those eli- missal from the employer, but shall be retired as Bible for normal or early retirement but not herein described. actually retired, and their beneficiaries, in (b) Non-assignability. No benefit provided for proportion to and to the extent of the then ~ herein shall be pledgable, assignable or subject to actuarially determined present value of the garnishment for debt or for other legal process. benefits payable. If any funds remain, then (c) Pension validity. The board of trustees shall (2) Members who have at least ten (10) years have the power to examine into the facts upon of credited service, in proportion to and to which any pension shall heretofore have been the extent of the then actuarially deter- granted under any prior or existing law, or shall mined present value of their accrued ben- hereafter be granted or obtained erroneously, efits. If any funds remain, then fraudulently, or illegally for any reason. The board (3) The accumulated contributions of the ac- is empowered to purge the pension roll of any five members less any benefits received, person theretofore granted a pension under prior and less amounts apportioned in (2) and (3) or existing law or hereafter granted under this above, in proportion to and to the extent of plan if the same is found to be erroneous, fraud- the then amount of such accumulated con- ulent or illegal for any reason; and to reclassify tributions. If any funds remain, then any pensioner who has heretofore under any prior (4) All other members whose present value of or existing law or who shall hereafter under this accrued benefits have not been covered in a Plan be erroneously, improperly or illegally clas- previous category in the same manner as in sifted. (2). (d) Incompetents. If any member or beneficiary (d) After all the vested and accrued benefits is a minor or is, in the judgment of the board, provided hereunder have been paid and after all otherwise incapable of personally receiving and other liabilities have been satisfied, then and only ~~g a valid receipt for any payment due him then shall any remaining funds revert to the under the plan, the board may, unless and until general fund of the village, less return of state's claims shall have been made by a duly appointed contributions to the state, provided that, if the guardian or committee of such person, make such excess is less than the total contributions made by Payment or any part thereof to such person's the village and the state to date of termination of spouse, children, trust or other person deemed by the plan, such. excess shall be divided proportion- the board to have incurred expenses or assumed ately to the total contributions made by the vil- responsibility for the expenses of such person. lage and the state. Any Payment so made shall be a complete dis- charge of any liability under the plan for such (e) The allocation of the fund provided for in payment. this subsection may, as decided by the board, be carried out through the purchase of insurance (e) Number and gender. When appropriate the company contracts to provide the benefits deter- singular in this plan shall include the plural and mined in accordance with this subsection. The vice versa, and the masculine shall include the fund may be distributed in one (1) sum to the feminine and vice versa. persons entitled to such benefits or the distribu- (Ord. No. 9-82, § 11, 6-10-82; Ord. No. 1-92, § 12, tion may be carried out in such other equitable 2-13-92) manner as the board may direct. The trust maybe Sec. 2-170. Direct transfers of eligible continued in existence for purposes of subsequent rollover distribution.. distributions. (Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-82, § 2, (1) General. This section applies to distribu- 11-18-82; Ord. No. 1-92, § 11, 2-13-92) tions made on or after January 1, 1993. Notwith- Supp. No. 10 157 § 2-170 NORTH PALM BEACH CODE ~ standing any provision of the systerri to the con- (E) Direct rollover: A direct rollover is a pay- trary that would otherwise limit a distributee's meat by the plan to the eligible retirement election under this section, a distributes may plan specified by the distributes. elect, at the time and in the manner prescribed by (Ord. No. 15-95, § 1, 5-11-95) the board, to have any portion of an eligible retirement plan specified by the dstributse in a DIVISION 5. LENGTH OF SERVICE AWARD direct rollover. pLA1V FOR VOLUNTEER. FIREFIGHTERS* (2) Definitions. Sec. 2=170.01. Purpose. (A) The term "Code" used herein refers to the Internal Revenue Code of the Tnited States. The purpose of this plan is to award and' pro- vide retirement income for. active members of the (B) Eligible rollover distribution: An eligible volunteer firefighters of the village in recognition rollover distribution is any distribution of of their years of dedicated community service. all or any portion of the balance to the (Ord. No. 16-91, § 1, 4-11-91) credit of the distributes, ea~cept that an eligible rollover distribution does not in- Sec. 2-170.1. Name of sponsor. clads: any distribution that is one of a series of substantially equal periodic pay- The name of the sponsor shall be the Village- of meats (not less frequently than annually) North Palm Beach. made for the life (or life eXp'ectaney) of the (Ord. No. 16'-9I, § 2, 4=11-91)' distributes or the joint lives (or joint life expectancies of the distributes and the Sec. 2=170:2:. 1~Tanxe of plan: - distributee's designated beneficiary, or for ~ a specified period of tsn (10)-years or more• The name of the plan shall be `length of service any distrbuton• to the extent such dis$ri~ award plan. for volunteer firefighters." (O"rd. IVo. 16-91, § 3, 4-11-91) bution is required under Section 401(a)(9) of the Code; and the portion of any distri- .Sec. 2-170.3: Effective date of plan. bution that is not includable in gross in- come. The effective date of the plan shall be May 1, (C) Eligible retirement plan: An eligible retire- 1990. meat plan is an individual retirement ac- (Ord'. No. 16-91, § 4, 4-11-91) count described iri Section 408(a) of the Code, an individual retirement annuity de- Sec. 2=170:4'. Eligibility to enter plan. scribed in Section 408(b) of the Code,. an Members, as defined herein, means volunteer annuity plane described` in Section 403(a) of firefighters duly recognized and enrolled as vol'- the Code, or a qualified trust described in unteer firefighters with the village. All' members Section 401(a) of the Code, that accepts- the must meet each of the following requirements dstributee's eligible rollover distribution.. before participating in the plan: • However,. in the case of an eligible rollover distribution. to the surviving spouse, an (1) 1Vlinmum age, eighteen (18). eha ble retirement pl?*~ wn :.*Tdl9idual lii'anlri'iuir age, Sixty (6V). retirement account or individual' retire- (3) Completed one (1) year of active service merit axiriuity. with the sponsor. (D) Distributes: A distributes includes an em- ployee or former employee. In addition, the *Editor's note=Ordinance No. 16-9I, adopted April 11, employee's or former employee's: surviving 1991, did not specifically amend this Code; hence, inclusion of 1-12 a"s Art. V, Div 5, 2-170.01-2-170.11, was at the spouse is a distributes with regard to the discretion of the editor. Interest Of the- spouse. Cross reference-Fire division, § 12-29' et seq•. Sapp. No. 10 158 1 i I ADMINISTRATION § 2-171 (4) Completed the sponsor's required proba- (2) Payment mode, annual. tionary period. (Ord. No. 16-91, § 8, 4-11-91) (Ord. No. 16-91, § 5, 4-11-91) Sec. 2-170.8. Vesting provisions. Sec. 2-170.5. Entitlement age. The vesting is based on years of credited service and the following schedule: The entitlement age is the age that members will begin receiving their monthly retirement Years of Service Vested Percentage benefit. Age sixty-five (65) with one (1) year of Less than 4 0 plan participation is generally utilized; however, 4 40 service and participation requirements may be 5 50 included. Entitlement age is sixty (60) with one 6 60 (1) year of plan participation. 7 70 (Ord. No. 16-91, § 6, 4-11-91) g 80 g 90 Sec. 2-170.6. Benefit formula. Ten (10) or more ~ 100 (Ord. No. 16-91, § 9, 4-11-91) [The benefit formula shall be as follows:] (1) Past service (before the plan began). Ten Sec. 2-170.9. Village contributions. dollars ($10.00) per month for year of past So long as this system is in effect, the village service for currently enrolled members of shall make a yearly contribution to the plan equal the volunteer firefighters. Eight (8) is the to the cost for the year by the most recent actu- maximum years of past service for which a arial valuation. member may receive credit. (Ord. No. 16-91, § 10, 4-11-91) (2) Future service (after plan begins). Ten dol- Sec. 2-170.10. Trustee and contact person. lars ($10.00) per month for each year of The village finance director will act as trustee future service. and contact person and will be responsible for (3) Maximum monthly benefct. The m~iximum contacting the agent or agency administrating the monthly benefit a member can receive at plan regarding changes and modifications to the the entitlement age is three hundred dol- plan. lays ($300.00). (Ord. No. 16-91, § 11, 4-11-91) (4) Minimum monthly benefit. The minimum Sec. 2-.170.11. Point system. monthly benefit a member can receive if the member remains active in the plan A minimum of fifty (50) points is needed to earn until the designated entitlement age is fifty a year of credited service. The point system that dollars ($50.00). can be earned by volunteer firefighters is set forth (Ord. No. 16-91, § 7, 4-11-91) in Exhibit A attached to Ordinance No. 16-91 and made a part of this division. Sec. 2-170.7. Preretirement death benefit. (Ord. No. 16-91, § 12, 4-11-91) Editor's note-Exhibit A, attached to Ord. No. 16-91 from which this division derives, is not printed herein, but is on file The preretirement death benefit is the death and available for reference in the offices of the village. benefit payable if a member dies before entitle- - ment age while still active in the plan. The ARTICLE VI. CODE ENFORCEMENT amount payable is the greater of the face amount BOARD of the life insurance or the member's accrued benefit: Sec. 2-171. Declaration of legislative intent. (1) Face amount of the life insurance, thirty It is the intent of this article to promote, protect thousand dollars ($30,000.00). and improve the health, safety and welfare of the Supp. No. 10 159 § 2-171 NORTH PALM BEACH CODH citizens of the village and to provide an equitable, Chapter 7, Village of North Palm Beaeh Code, expeditious, effective and inexpensive method of containing the bulkhead lines code. enforcing the hereinafter described codes and Chapter 11, Village of North Palm Beach ordinances of the village where a pending. or Code, containing the electrical code. repeated violation continues to exist. (Ord. No. 19-79, § 1, 9-17-79; Ord. No. 9-80, § 2, Chapter 12, Village of North Palm Beach 4-24-80; Ord. No. 16-82, Art. 1~-9-9-82; Ord. No. Code, including the fire prevention code. 2-86, § 1, 3:-27-86) Chapter 14, Village of North Palm Beaeh Code, containing the health. and sanitation code. Sec. 2-172. Definitions. Chapter 15, Village of North Palm Beach The following words,. terms and phrases; when Code, containing. the housing code. used in this article; shall have the meanings ascribed to them in this section,. except where the Chapter 17, Village of North Palm Beach context clearly indicates a different meaning: Code, containing the occupational license code. Attorney. Attorney for the village who will ad- Chapter 19, Village of North Palm Beach vise the code enforcement board of legal rules or Code, containing the noise control code. give other legal assistance as required. Chapter 24, Village of North Palm Beach Code inspector. Those authorized agents or em- Code, containing the streets, sidewalks- and ployees of the village whose duty it is to insure driveways- code. code compliance with the codes referred to above, Chapter 25, Village of North Palm Beach including, but not limited to, the villagemanager,. Code, containing the swimming pool code. building official, director of public- safety,. and Chapter 27, Village of North Palm- Beaeh finance director. Code, containing the trees and shrubbery eod'e, Enforcement board. The Village of North Palm including landscaping of yards and parking Beach Code Enforcement Board.. lots: Repeat violation. A violation. of a provision of a Chapter 28, Village of North Palm Beaeh code or ordinance by a person. whom.. the code Code, containing the franchise ordinance for enforcement board: has previously found to have the use of the Village rights-of-way for utilities. violated. the same provision. within. five (5) years prior to the violation. Chapter 36, Village of North Palrn Beach Code,. containing the subdivision code. (Ord. No. 19-79 § 3, 9-27-79; Ord. IVo. 9-80, § 4; 4-24-80; Ord. No. 16-82, Art. II, 9-9-82; Ord.. No. Chapter 45; V~ilage of North Palm Beach 8-90, § 1, 4-12-90) Code;. containing the zoning code. (Ord. No. 19-79, § 2, 9-27-79; Ord'. lVo. 25-79, § 1, Sec. 2-173. Applicability. 12-13-79; Ord. No. 9-80, § 3, 4-24-$0 Ord. No: 15-86, § 2, 10-9-86) The code enforcement board shall enforce and. have jurisdiction of the following codes: Sec. 2-174.. Organization of board. Chapter 4, Village of North Palm Beach Code, containing the animals and fowl code.. (a) Qualifications and terms. The village coon- cil shall appoint aseven-member code enforee- Chapter 5, Village of North Palm Beach Code, merit board and legal counsel for the board. The containing the docks and:. waterways code. members shall have the following qualifications Chapter 6, Village of North Palm Beach Code, and. terms of offices including the building. code, the .gas code, the (1) Members of the enforcement board shall be mechanical. code,. the plumbing code, the appear- ~ residents of the village. Appointments shall ance code and Appendix A, appearance plan, be made by the village council on the basis and the sign code. of experience of interest in the fields. of Supp. No. 10 16U ADMINISTRATION § 2-176 zoning and building control. The member- Sec. 2-175. Enforcement procedure. ship of the enforcement board shall, when- ever possible, include: (a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various a. An architect; codes. b. A businessman; (b) If a violation of the codes is found, the code c. An engineer; inspector shall notify the violator, unless para- d. A general contractor; graph (c) of this section applies, and give the e. A subcontractor; violator a reasonable time to correct the violation. Should the violation continue beyond the time £ A realtor; specified for correction, the code inspector shall g. No particular profession. notify the enforcement board and request a hear- (t) In order that the terms of office of all mg pursuant to the procedure in section 2-176. members will not expire at the same time, Written notice shall be mailed to the violator as the initial appointments to the enforce- Provided herein. ment board shall be as follows: (c) If the code inspector has reason to believe a a. Two (2) members shall be appointed violation presents a serious threat to the public for a term of one (1) year; health, safety and welfare, the code inspector may b. Three (3) members shall be appointed Proceed directly to the procedure in section 2-176 for a term of two (2) years; without notifying the violator. c. Two (2) members shall be appointed (d) If a repeat violation is found, the code for a term of three (3) years. inspector shall notify the violator, but is not required to give the violator a reasonable time to Thereafter, all appointments shall be made fora correct the violation. The code inspector, upon term of three (3) years. Appointments to fill any notifying the violator of a repeat violation, shall vacancy on the enforcement board shall be for the notify the code enforcement board and request a remainder of the unexpired term of office. If any hearing pursuant to the procedure in section member fails to attend two (2) of three (3) succes- 2-176. The case may be presented to the code sive meetings without cause and without prior enforcement board even if the repeat violation approval of the chairman, the board shall declare has been corrected prior to the board hearing, and the member's office vacant and the village council the notice shall so state. Written notice, with a shall promptly fill such vacancy. The members scheduled hearing, shall be provided pursuant to shall serve at the pleasure of the village council. section 2-180. (b) Ofj'icers; quorum; compensation. The mem- (Ord. No. 19-79, § 5, 9-27-79; Ord. No. 9-80, § 6, bers of the enforcement board shall elect achair- 4-24-80; Ord. No. 8-90, § 4, 4-12-90) man from among its members who shall be a voting member. The presence of four (4) or more Sec. 2-176. Conduct of hearing. members, shall constitute a quorum of the enforce- ment board. Members shall serve without com- (a) The chairman of the enforcement board pensation, but maybe reimbursed for such travel may call hearings of the enforcement board and expenses, mileage expenses, and per diem ex- hearings may also be called by written notice penses as may be authorized by the village coon- signed by at least three (3) members of the cil. enforcement board. The enforcement board, at any hearing, may set a futures hearing date. The • (c) Attorney. The village attorney shall be coon- enforcement board shall attempt to convene no sel to the code enforcement board. less frequently than once every two (2) months, (Ord. No. 19-79, § 4, 9-27-79; Ord. No. 9-80, § 5, but yet meet more or less often as the demand 4-24-80; Ord. No. 16-82, Art. III, 9-9-82; Ord. No. necessitates. Minutes shall be kept of all hearings 8-90, § 3, 4-12-90; Ord. No. 17-91, § 1, 4-25-91) by the enforcement board and all hearings and Supp. No. 10 161 § 2-176 NORTH PALM BEACH CODE _ proceedings shall be open to the public.. The hear first from the village, village wit- viIIage clerk shall provide clerical and admirals- nesses and evidence, and the alleged viola- trative personnel as may be reasonably required for shall have the riglit to cross examine by the enforcement board for the proper perfor- village witnesses. At the close of the pre- mance of its duties. sentation of the village's. case against the (b) Each case before the enforcement board alleged violator, the alleged violator shall shall be presented by the village's administrative be permitted to present his evidence, testi- staff. moray of the other witnesses and his own testimony in defense. The. village shall have (c) The enforcement board shall proceed to the right to cross examine the alleged vio- hear the cases on the agenda for that clay. All lator and Ills witnesses. The burden of testimony shall be under oath. and. shall be re- proving the alleged violation of the village corded. The enforcement board shall take testi- Code as described above shall be on the moray from the code inspector and alleged-violator village to prove by a preponderance of and from any witness called on behalf of either evidence that the alleged violator is guilty the village or the alleged violator. Formal rules of of violating the Code section of which he is evidence shall not apply; however, fundamental accused. due process shall be observed and govern said (2) Subpoena alleged violators and witnesses proceedings.. Both the village and the .alleged to its hearings. Subpoenas may be served violator shall have the right to subpoena witness by the village's police department. to testify at the hearing. (3) Subpoena records, surveys, plats and other (d) At the conclusion of the hearing, the en- material. forceinent board shall issue findings of fact :and (4) Take 'testimony under oath. . conclusions of law and shall issue an order afford- (5) Issue orders having the force of law com- ing the proper relief consistent with powers granted manding whatever steps are necessary to herein. The findings shall be by motion approved bring a violation into compliance. A cert- by amajority of those present and voting, except fled copy of such order may be recorded in that at least four {4) members of the enforcement the public records of the county, and- shall board must vote in order for the action to be constitute notice to any subsequent pur- official. chasers, successors in interest or assigns, if (Ord. No. 19-79, § 6; 9-27-79; Ord. No. 9-80, § 7, the violation concerns real property, and 4-24-80; Ord. No. 16-82, Art. iV, 9-9-82; Ord. No. the findings "therein shall be binding upon 19-85, § 1, 10-24-85) the violator, and, if the violation concerns real property, any subsequent purchasers, Sec. 2-177. l~owersof the enforee~aent board. successors in interest or assigns. If the The enforcement board shall have the power to: order is recorded in the public records (1) Adopt rules for the conduct of its hearings. Pursuant to this subsection and the order is complied with 'by the date specified in the The chairman of the enforcement board order, the enforcement board shall issue an hearing shall advise the alleged violator of the Code section of which he is accused, -order acknowledging compliance that shall and shall first seek to determine if the be recorded in the public records. A hearing aLeged violater pleads g'uilt~ or in:-Docent tc is not required to issue such an order acknowledging compliance. such charge. If the alleged violator admits guilt, then the board -shall hear such testi- (Ord. N"o. 19-79, § 7, 9-27-79; Ord. No. 9-80, § 8, moray and evidence as it deems necessary 4-24-80; Ord. No. 8-90; § 5; 4-12-90; Ord. No. 4-91, to remedy the violation or punish the of- § 1, 2-28-91) fender. If the alleged violator states he is Sec. 2=178. Fines; liens. not guilty of violating the village Code (a) Generally. The enforcement board, upon [section] in question, then the board shall notification by the code inspector that a previous Supp. No. 10 162 I ADMINISTRATION § 2-180 order of the enforcement board has not been to foreclose on the lien. In an action to foreclose on complied with by the set time or, upon finding alien, the prevailing party is entitled to recover that the same violation has been repeated by the all costs, including a reasonable attorney's fee. No same violator, may order the violator to pay a fine lien created pursuant to the provisions of this in an amount specified in this section for each day section may be foreclosed on real property which the violation continues past the date set for com- is a homestead under article X, section 4 of the pliance, or, in the case of 'a repeat violation, for state Constitution. each day the repeat violation continues past the (Ord. No. 19-79, § 8, 9-27-79; Ord. No. 9-80, § 9, date of notice to the violator of the repeat viola- 4-24-80; Ord. No. 16-82, Art. V, 9-9-82; Ord. No. tion. If a finding of a violation or a repeat violation 2-86, § 2, 3-27-86; Ord. No. 8-90, § 6, 4-12-90) has been made as provided in this article, a hearing shall not be necessary for issuance of the Sec. 2-179. Appeal. order imposing the fine. A fine imposed pursuant ~ aggrieved party, including the village coun- to this section shall not exceed two hundred fifty cil may appeal a final administrative order of the dollars ($250.00) per day for a first violation and enforcement board to the circuit court of the shall not exceed five hundred dollars ($500.00) county. Such an appeal shall not be a hearing de per day for a repeat violation, novo, but shall be limited to appellate review of (b) Determination of amount of fine. In deter- the record created before the enforcement board. mining the amount of the fine, if any, the enforce- ~ appeal shall be filed within thirty (30) days of ment board shall consider the following factors: the execution of the order to be appealed. (1) The gravity of the violation; (Ord. No. 19-79, § 9, 9-27-79; Ord. No. 9-80, § 10, 4-24-80; Ord. No. 16-82, Art. VI, 9-9-82; Ord. No. (2) Any actions taken by the violator to correct 2-86, § 3, 3-27-86) the violation; and (3) Any previous violations committed by the Sec. 2-180. Notices. violator. All notices required by this article shall be provided to the alleged violator by certified mail, (c) 14eduction of fine. The code enforcement return receipt requested; by hand delivery by board may reduce a fine imposed pursuant to this public safety officer, code inspector or other per- section. Aline imposed pursuant to this article son designated by the village council; or by leav- shall continue to accrue until the violator comes ing the notice at the violator's usual place of into compliance or until judgment is rendered in a residence with any person residing therein who is suit to foreclose on a lien filed pursuant to this above fifteen (15) years of age and informing such section, whichever occurs first. person of the contents of the notice. In addition to (d) Copies of orders imposing fines. A certified providing notice set forth above, the code enforce- copy of an order imposing a fine may be recorded ment board may implement the notice provisions in the public records and thereafter shall consti- of F.S. section 162.12(2), as amended, for asup- tute alien against the land on which the violation Plemental means of providing notice. exists or, if the violator does not own the land, (Ord. No. 19-79, § 10, 9-27-79; Ord. No. 9-80, § 10, upon any other real or personal property owned 4-24-80; Ord. No. 8-90, § 7, 4-12-90) by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney [The next page is 211] Supp. No. 10 163 l LIBRARY § 16-22 ARTICLE I. IN GENERAL Sec. 16-18. Vacancies. In the case of vacancy on the library board by Sec. 16-1. Unlawful to damage property. resignation, removal or otherwise, the village council shall fill such vacancy for the unexpired No person shall trespass, cause injury to, or term. destroy any library grounds, rooms, books or (Code 1970, § 19.5-13) other property constituting a part of the munici- pal library system of the village or violate any of Sec. 16-19. Qualifications. the bylaws or regulations adopted by the library board and approved by the village council relative Members of the library board shall be residents to operation of such municipal library system. of the village; however, neither the mayor nor any (Code 1970, § 19.5-1) member of the village council shall be eligible to be a member of the board. (Code 1970, § 19.5-14) Secs. 16-2-16-15. Reserved. Sec. 16-20. Service without compensation. No .member of the library board shall receive ARTICLE II. LIBRARY BOARD any pay or compensation for any services ren- dered as a member of such board. Sec. 16-16. Established. (Code 1970, § 19.5-15) There is hereby established a library board for Sec. 16-21. Organization. the village. (Code 1970, § 19.5-11) The members of the .library board shall, imme- diately after their appointment, meet and orga- nize by electing one (1) of their members as Sec. 16-17. Composition; appointment; term chairman and such other officers as the board of office. may deem necessary. Three (3) members of the board shall constitute a quorum. The board may (1) The library board shall consist of five (5) make and adopt such bylaws, rules and regula- members and two (2) alternates who shall be tions for their own guidance and for the govern- . appointed by the village council. Upon the e$'ec- ment and operation of any municipal library and tive date of this ordinance, the three (3) members reading room in the village as they may deem then serving on the board and whose term expires expedient, subject to the approval, supervision April 30, 1996, and the two (2) members then and control of the village council and not incon- serving on the board and whose term expires sistent with law. April 30, 1997, shall continue and not be affected (Code 1970, § 19.5-16) by this ordinance. Thereafter, regular members of the board shall be appointed for a term of two (2) Sec. 16-22. Powers and duties. years or until their successors have been ap- pointed and qualified. (1) The board shall serve in an advisory capac- ity to the village council and make recommenda- (2) The two (2) alternates shall each serve one tions as to present and future activities, planning, (1) year terms. Alternate members of the board programs, capital improvements and facilities and shall be appointed on the same day that regular other matters relating to the overall function and members are appointed. Alternate members shall operation of the municipal library of the village. be appointed as first alternate and second alter- The board is not charged with the duty of ascer- nate and shall serve in that order when required. taining costs or method of implementation of (Code 1970, § 19.5-12; Ord. No. 16-95, § 1, 6-22- their proposed plans; however, the board should 95) consider the needs of all residents of the village. Supp. No. 10 999 § 16-22 NORTH PALIVI BEACH CODE - The board shall Have the power to call upon the village manager, or his designee, for information and advice. The board's recommendations to the village council shall be in writing and shall state the basis or reasons for such recommendations. (2) The board shall also perform any other duties which may be assigned to it by the village council and' the board shall act within thirty (36) days- of the date of reference, unless the village council otherwise states. (Code 1970, § 19.5-17; Ord". No. 2-94, § 1, 2-1U-94) Sec. 16=23. 1Vleetin~s. The board shall meet and shall schedule a regular meeting at least once per month. In addition, the chairman may call special meetings and special meetings may be called by written notice signed by at Ieast three (3) members of the board. Minutes- shall be kept of all meetings. Notice of all meetings shall be posted in accor- dance with. the procedures established by the village council. Ah meetings shall be open to the public. The board- shall enact or adopt rules for the conduct of its meeting. All members shall be apprised of the applicability of the "Sunshine Law" to the board: and its. members. (Code 1970, § 19.5=18; Ord. No. 2-94, § 2, 2-10-94) Seca 16-24. Removal from office. 1Vlembers of the library board' may be removed by an affirmative vote of a majority of the total members- of the village couneh (Code 1970, § 19.5-19)' I [Ttie next page is 1'051) Supp. No: 10~ 1000` r PARKS, PLAYGROUNDS AND RECREATION § 20-61 Sec. 20-32. Form. (5) That the facilities desired have not been reserved for other use at the day and hour The permit required by section 20-31 shall be in required in the application. such form as maybe established by the recreation (Code 1970, § 25-19; Ord. No. 201-69, § 8) director. (Code 1970, § 25-17; Ord. No. 201-69, § 6) Sec. 20-35. Appeal from refusal to issue. Sec. 20-33. Application. (a) Within five (5) days after receipt of an application, the recreation director or village man- An application for a permit required by section ager shall apprise an applicant, in writing, of his 20-31 shall contain the following items: reasons for refusing a permit required by this division. (1) The name and address of the applicant. (2) The name and address of the person, cor- (b) Any aggrieved person shall have the right poration or association sponsoring the ac- to appeal, in writing, within five (5) days to the tivity, if any. village council, which shall consider the applica- tionunder the standards set forth in section 20-34 (3) The day and hours for which the permit is and sustain or overrule the recreation director's desired. or village manager's decision within seven (7) (4) The park or portion thereof for which such days. permit is desired. (c) The decision of the village council shall be (5) An estimate of the anticipated attendance. final. (6) Any other information which the recre- (Code 1970, § 25-20; Ord. No. 201-69, § 9) ation director shall find reasonably neces- sary to afair determination as to whether a Sec. 20-36. Revocation. permit should be issued. (Code 1970, § 25-18; Ord. No. 201-69, § 7) The recreation director may revoke a permit required by this division upon a finding of a Sec. 20-34. Standards for issuance. violation of any rule, ordinances or provision of this Code, or upon good cause shown. The recreation director or the village manager (Code 1970, § 25-23; Ord. No. 201-69, § 12) shall issue a permit under this division when he finds: Secs. 20-37-20-60. Reserved. (1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoy- ARTICLE III. RECREATION ADVISORY ment of the park. BOARD* (2) That the proposed activity or use will not unreasonably interfere with or detract from Sec. 20-61. Created. the promotion of public health, welfare, safety and recreation. A recreation advisory board (hereinafter re- ferred to as board) for the village is hereby cre- (3) That the proposed activity or use is not ated. . reasonably anticipated to incite violence, Ord. No. 5-92, § 1, 4-23-92) crime or disorderly conduct. *Editor's note-Ordinance No. 5-92, adopted April 23, (4) That the proposed aCtlvity well not entail 1992 did not specifically amend the Codes; hence, inclusion of unusual, extraordinary or burdensome ex- 1-6 as Art. III was at the discretion of the editor. perise or police operation by the village. Cross reference-Department of recreation, § 2-110. Supp. No. 10 1293 § 20-62 NORTH PALM BEACH CODE Sec.. 20-62. Composition; terms; vacancies. quorum and motions shall be .approved by a majority of members present. The members shall (a) Composition.. The board shall be appointed serve without compensation. by the village council and shall. consist of five (5} 6rd. No. 5-92,- § 4; ~-23-92) members and two (2) alternates who shall be residents- of the village. dec. 20-65. Meetings. (b} Term. The initial appointments to the five The board shall meet and shall schedule a (5) member board shall take effect upon the regular meeting at least once per month. In effective date of this article -with the respective addition, the chairman may call special meetings terms expiring as followsc and special meetings may be called by written (1) The terms of two (2) members shall expire .notice signed by at least three (3) members of the on May 1, 1992. .board. Minutes shall be kept of all meetings. (2) The terms of three (3) members shall ex- Notice of all meetings shall be posted in accor- pine on May 1, 1993. dance with the procedures established by the village council. All meetings shall be open to the (c) Subsequent terms. Upon expiration of the public. The board shall enact or adopt rules for terms set forth above; each appointment shall be the- conduct of its meeting. All members shall be for two-year terms. Appointments shall hereafter apprised of the applicability of the "Sunshine be made by resolutions of the village councih Law" to the board and its members. Ord. No. 5-92, § 5, 4-23-92) (d) Vacancies. An appointment to fill. any va- cancy shall be-for the remainder of the unexpired. Sec. 20-66. Duties. term of office. (a) The board shall serve in an advisory capae- (e) Alternates. The two (2) alternates shall each ity to the village council and make recommenda- serve one (1) year terms. Alternate members of tions as to present and future recreation: actvi- theboard. shall be appointed on the same day that ties, planning, recreation programs, capital regular members are appointed. Alternate mem- ~ improvements and facilities and other matters hers shall be appointed as first alternate and relating to the overall recreational activity of the second alternate and shall serve in that order village.. The board is not charged with the duty of when required. ascertaining costs or method of implementation of (Ord. No. 5-92, § 2, 4-23-92; Ord. No. 17-95, 1, their proposed plans; however, the board should 2; 6-22-95) consider the needs of all residents of the village. The board shall. have the power to call upon the Sec. 20-63. ~deinoval: village manager,. or his designee, for information and advice. The board's recommendations to the Members of the. board shall serve at the plea- village council shall be in writing and shall state sure of the village council and- maybe removed at the basis or reasons for such recommendations. any time with or without cause. Ord. No, 5-92, § 3, 4-23-92)' (b) The board shalt'- also perform any other duties which may be assigned to it by the village Sec. 20-64. Officers' quorum;: compensation. counct and' the board shall act. within thirty (30) days of the date of reference, unless the village At the first organi~atonai meeting of the board, council' otherwise states. the members shall elect a chairman, vice presi- Ord. No. 5-92, § 6, 4-23'-92) dent and secretary from among- its members. Subsequent to the initial organisational meeting. where officers are elected,.. the members shall elect the officers from among its members at the first regular meeting in May of each year. The pres- cute of three (3) members shall constitute a [The next page is 1343] Supp. No. I0 1294 I i ti APPENDIX A-APPEARANCE PLAN § II INTRODUCTION The Appearance Ordinance, and applicable sec- tions of the Appearance Plan, will be adminis- . What we see daily in our community, consciously tered through the Office of the North Palm Beach and unconsciously, influences our lives. Director of Public Services, with the Appearance Good community appearance is the product of Board acting upon matters relating to appearance orderly and harmonious relationships established as authorized by the Appearance Code. between man-made objects and nature. Apleas- SECTION II STATEMENT OF POLICY ing and attractive scene results from skillful combinations and interrelations of these elements ~ function in a manner most appropriate to its of contrasts and similarities. responsibility, amunicipal board should act in the Appearance has a direct bearing on the economic Public interest and welfare as a servant of the value of property. When the appearance of public people, and operate consistently within its juris- areas, business establishments, and the residen- diction. It should be completely fair and objective tial community is good, shoppers, businessmen, ~ all public matters, impartial and understand- and home owners are all attracted to the commu- mg, and above and beyond reproach. If it can also pity. be a source of inspiration, encouragement, and leadership, it fulfills the public trust. Poor appearance, congestion, and lack of proper maintenance bring about blight, decay, decreased Consequently the POLICY of the Appearance property values, and loss of revenues. Board is to: New building programs, along with improvement Operate in all matters brought before it, in an and preservation of the existing, are necessary in objective and understanding manner, free from order to maintain good community appearance. discrimination and selfish interests, and above Expanded building programs and land develop- and beyond reproach. ments have greatly reduced -open spaces in our Work toward the esthetic growth of the commu- towns-an awareness of the importance of good nity and against deterioration of its visual design and land use has resulted. Government bodies and private agencies are seeking v~ays to character, harmony, and beauty. revitalize our cities and towns. The recognition of Encourage and inspire both public and private this need to protect the distinctive character of participation in the enhancement of community our communities and their beauty has elicited appearance and provide the necessary leader- sympathetic judicial decisions in matters involy- ship. ing esthetics. Act as counselor, guide, and consultant on mat- SECTION IBASIS FOR THE APPEARANCE tern of appearance to those who desire to de- PLAN velop, redevelop, maintain, or improve proper- The North Palm Beach Village Council adopted ties which are under the jurisdiction of the an Appearance Code, Ordinance Number 4-71, on Board. May 27, 1971. This Ordinance provided for the Participate in matters regarding appearance appointment of anAppearance Board which would with other governmental, municipal, civic or concern itself with and act in matters affecting private bodies, and enhance communication, the physical appearance of designated areas. understanding, and appreciation between them The Board was empowered to develop anAppear- and the Appearance Board. " ante Plan to serve as standards or guidelines for OBJECTIVES are the fostering of: physical developments in the Village. The Plan as ' amended, following public hearings, was adopted Greater interest in the development and rede- by the North Palm Beach Village Council, by velopment of business, multi-family, and public Ordinance Number 3-72, dated 10 Feb. 1972. areas with an emphasis on appearance as it Supp. No. 10 2045 § II NORTH PALM BEACH CODE _ relates to ..each specific project, its surround- External architectural features of buildings and ings, and the community, by giving encourage- structures of .all types, existing and future, ment, guidance, and direction. visible to the eye, and above grade. Better maintenance of properties through en- Landscaping, wand .topography and -plant life, couragement of preservation, upkeep, protec- natural anal man-made. ton, and care. Walks, drives, parking areas, and plazas. Modifications or additions to existing ordi- .Exterior furniture, hardware, signs and mark- . nances as they pertain to improving community ers, :posts and fences, barriers, lights and light- appearance. in su lement g, pp ary structures and appurte- Greater public interest and enthusiasm in over- nances. all community beauty, appearance, cleanliness, AREAS OF PARTICULAR NOTE AND THEIR and order. ADDED REQUIREMENTS SECTION III AREAS OF JURISDICTION The following is a list of natural .and man-made AREAS AND ELEMENTS UNDER JURISDIC- areas and thoroughfares of ,particular note with TION their descriptions and added requirements. The Appearance Ordinance provides that the ju- OCEAN BEACH AND STATE ROAD 703 risdictional areas of the Appearance Board are :all The existence of the ocean on our .east imparts areas within the Village _of North Palm Beach more directional and esthetic influence -than that are zoned: any other natural attribute. We should main- R1 SINGLE FAMILY DISTRICT-Applies tain an awareness of it in the development of to all usages except single family and the :community. It is felt that it is essential to their normal accessory-buildings maintain and develop physical and visual con- R2 MULTIPLE FAMILY DWELLING DIS- tact .with it through vistas, overlooks, adjacent TRICT roads .and access parts. The ridge :between R2A LIMITED MULTIPLE FAMILY State Road. 703 and the beach should be pre- DWELLING DISTRICT served as it provides a natural barrier-between R,3 APARTMENT DWELLING DISTRICT traffic and the beach, and defines the beach as CA RESTRICTED_ COMMERCIAL DIS- an entity in itself. State Road 703 is a north- TRICT south highway between the Intracoastal Water- C1A LIMITED COMMERCIAL DISTRICT way .and the ocean traversing the length of C1 NEIGHBORHOOD COMMERCIAL North Palm Beach. It is the only man-made DISTRICT artery where the true character of the coastal C2 GENERAL COMMERCIAL DISTRICT community can be experienced in its fullness. C3 REGIONAL BUSINESS DISTRICT Its .variance in elevation allows unparalleled P PUBLIC DISTRICT views of the ocean and of the sloping terrain to (Ord. No. 19-95, § 1, 7-13-95) the Intracoastal Waterway. The natural topog- raphy of the slope as well as the ocean ridge FUTURE ZONING CLASSiFICATIONS AS DE- must be preserved. The natural landscape ad- TERMINED BY VILLAGE ORDINANCE jacent to-this artery is all but destroyed in other South Florida-communities. This landscape must These areas include both privately and publicly be fully considered and preserved to the great- owned properties. Elements within. these areas est extent in development, and. because open- include: ness both to the east and west must be main- Improved and unimproved land, including open tained, buildings shall. be designed and. sites spaces, streets and parkways,. playgrounds, gar- planned in such a manner as to allow maximum dens, malls, waterways,. yards, rights-of--way, visual contact and other elements. Supp. No. 10 2046 i APPENDD~ C-ZONING § 45-2 ARTICLE I. IN GENERAL lated residents who operate as the functional equivalent of a family, including such supervision S_ ec. 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. Detached fence storage-area is a storage area attached to a fence erected on the property line in Sec. 45-2. Definitions. conformance with fence requirements of the North For the purpose of this ordinance, certain words Palm Beach Code. Such storage area shall not and terms are defined as follows: exceed three (3) feet in depth nor be longer or higher than the fence to which it is attached. Said Accessory use is a use customarily incident and storage area shall be constructed of the same accessory to the principal use of land or building material, design and color as the fence to which it located on the same lot. is attached and the fence and storage area shall be constructed of opaque materials which prop- Accessory building shall include a building cus- erly screen the interior of the storage area from tomarily incident and accessory to the principal the view of the adjacent property owners. De- use of land or building located on the same lot. In tacked fence storage areas shall not be erected R-1 and R-2 residential dwelling districts an closer to the street than the adjacent front wall of accessory building shall be limited to an automo- the main building. No such storage area shall be bile garage. erected unless its construction conforms to village Adult entertainment. Adult entertainment means ordinances. any adult arcade, adult theater, adult booth, adult bookstore/adult video store, adult motel or adult Drug store is a store engaged in the sale of dancing establishment as defined in Ordinance Prescription drugs and other items not necessar- No. 88-31, Palm Beach County Adult Entertain- ily related to pharmaceuticals. ment Code; or any establishment or business Dwelling is any building or structure designed operated for commercial gain where any em- exclusively for residential occupancy. A dwelling ployee, operator or owner exposes his/her speci- may be designed for one-family, two-family or fled anatomical area for viewing by patrons, in- multiple-family occupancy, but not including ho- cludingbut not limited to: massage establishments tels, clubs, motels, boarding or lodging houses or whether or not licensed pursuant to Chapter 480, house trailers whether such trailers be mobile or Florida Statutes, tanning salon, modeling studio, located in stationary fashion as when on blocks or or lingerie studio. other foundation. Antiques: Objects of an earlier period such as Dwelling unit is a single unit providing com- furniture, jewelry, stamps, coins, miniaturized plete, independent living facilities for one (1) or replicas, works of art, or other decorative articles more persons including permanent provisions for that are collected primarily because of their age, living, sleeping, eating, cooking and sanitation. history, or expectation of increasing value. Child care facility means a licensed facility Family day care home is an occupied residence with more than five (5) children that are unre- in which child care is regularly provided for five lated to the operator of the facility and which (5) or fewer preschool children from more than complies with F.S. chapter 402. one unrelated family and which receives a pay- - ment, fee or grant for any of the children receiving - Community residential home, as defined in F.S. care, whether or not operated for profit. The chapter 419, means a dwelling unit licensed to maximum five (5) preschool children shall include serve clients of the department of health and preschool children living in the home and pre- rehabilitative services, which provides a living school children received for day care and not environment for seven (7) to fourteen (14) unre- related to the resident caregiver. Elementary school Supp. No. 10 2481 § 45-2 NORTH PALM BEACH CODE -- siblings of the preschool children receiving day Motel is a group of two (2) or more attached, care may also receive day -care outside of school detached, or semidetached buildings containing hours provided the total number of children, guest rooms or apartments with automobile stor- including the caregiver's own and those related to age or parking space provided in connection there- the caregiver, does not exceed ten {10). with, designed and used primarily by automobile transients. Floor area is all usable floor space within the exterior walls of a structure. Occupied shall be deemed to include the words "arranged," "designed" or "intended to be occu- Front, side and rear line of a building shall be pied." deemed and construed to include both the main portion of such structure and all projections there- Pharmacy is an establishment engaged in the from, including any .garage, carport or an ex- preparation of prescription drugs and. the sale of tended roof beyond the normal eave or cornice drugs, prosthetic supplies, surgical instruments forming a cover or roof over an entrance to such and supplies, and sale and/or rental of aids for dwelling. Any awnings or shutters supported by invalids. . vertical posts, columns or pipes shall-also consti- tute the building line. The building line shall not Rear yard is that area between the rear build- include the eaves of such structures nor any open ing line and the rear lot line, and-extending from terraces, stoops, steps,. or planting boxes which do one (1) side line to the other. On all lots the rear not extend more than four (4) feet above the level yard shall be in the rear of the front yard facing of the yard grade. the street. Front yard is that area between the front build- Resident of a community residential home means ing line and the front line of the lot, and extending any of the following: an aged person as defined in from one (1) side line to the other. F.S. chapter 400; a physically disabled or Nandi- capped person as defined. in F.S. chapter 760; a Lining area is that area within any dwelling or developmentally disabled .person as defined in rooming unit, measured between the inner sides F.S. chapter -393; a nondangerous mentally ill of the exterior walls, made usable for human person as defined in F.S. chapter 394; or a child as habitation, with the following exceptions: Any defined in F.S. chapter 39. Residents, as defined utility room or storage space that is not accessible in F.S. chapters 400, 760, 393 and 394, shall not from within the principal structure; all commpn reside in the same community residential home corridors, hallways or exits provided for access or as a child as defined in F.S. chapter 39. vertical travel between stories of apartments of multifamily units. Satellite television antenna is an apparatus. capable of receiving communications from a trans- Lot is a parcel of land occupied or to be occupied mitter or a transmitter relay located in planetary by one (1) main building and its accessory build- orbit. Usable satellite signal is a signal which, ings with such open and parking spaces as are when viewed on a conventional television set, is required by the provisions of this ordinance, and at least equal in picture. quality to that received having its principal frontage upon a street. from local commercial television stations or by way of cable television. Satellite dish antennas Lot o record is a art of the land subdivision f P , may be erected as an accessory structure in 1?:-~ ~ _ the map of which has been recorded in the office of and R-2 zoning districts, subject to the following the clerk of ..the- court of Palm Beach County,. restrictions: Florida. 1. The satellite television antenna shall be Mobile home park means a residential tenancy mounted on the ground only, and shall be ~in which a mobile home is placed upon a rented or located only in the rear yard of any lot. The leased lot in a park in which ten (SO) or more lots satellite television antenna shall be placed are ofi'ered for rent or lease. so that there shall be a rear and side yard \ _ Sapp. No. 10 2482 I APPENDIX C-ZONING § 45-4 of not less than- five (5) feet, or if a corner abutting property. It may be designated on the lot, a side street yard of not less than map as a street, avenue, boulevard, drive, place, twenty (20) feet. court, road, terrace, way, circle, lane, walk, path 2. Such antenna shall not exceed fifteen (15) or otherwise. feet in height, including any platform or Time-share unit is a dwelling unit in which the structure upon which said antenna is right of use or occupancy circulates among vari- mounted or affixed. Such antenna may not ous persons for specific periods of time less than exceed fifteen (15) feet in diameter. one (1) year in accordance with a fixed time 3. Installation of a satellite television an- schedule. tenna shall comply with the village build- Used shall be deemed to include the words ing codes, electrical codes, zoning codes and "arranged", "designed" or "intended to be used." other village codes that may apply thereto. Yard is the open space on the same lot with the 4. Not more than one (1) satellite television main building, unoccupied and unobstructed from antenna shall be allowed on any lot. the ground upward. 5. Satellite television antennas shall meet all Xeriscape means a method of water conserva- manufacturer specifications, be of noncom- tion gained through the utilization of trees, shrubs, bustible and corrosive-resistant material, vines, plants, groundcover and turf grasses which and be erected in a secure, wind-resistant are drought tolerant. The implementation of ap- manner. Every such antenna must be ade- propriate planning and design, use of soil amend- quately grounded for protection against a meats, efficient irrigation, practical turf grass, direct strike of lightning. use of drought tolerant plants, mulches and ap- 6. Satellite television antenna shall be screened propriate maintenance results in reduced water from all adjoining private property by an consumption but still provides a very wide range opaque fence, an opaque wall or by natural of attractive landscaping alternatives. landscape planting so planted as to provide (Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82; Ord. maximum opacity that is a minimum of six No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1, 6-28-90; (6) feet in height from grade. Ord. No. 21-90, § 1, 6-28-90; Ord. No. 23-90, § 1, 6-28-90; Ord. No. 10-95, § 1, 3-23-95; Ord. No. Setback means the distance measured from a 23-95, § 1, 7-17-95) side, rear and front lot line or from the currently Cross reference-Definitions for Code in general, § 1-2. designated ultimate right-of--way line (i.e., fed- eral, state, county and village) to the closest point Sec. 45-3. Interpretation of, provisions. within the lot that maybe occupied by a building or an accessory structure. Front setbacks shall be In interpreting and applying the provisions of based on the platted front line of the property or this ordinance, they shall be held to be the mini- on the ultimate right-of--way line as determined mum requirements for the promotion of the public by the village. health, safety, morals and general welfare of the community. Side yard is that area between the side building line and the side line of the lot and extending from Sec. 45-4. Conflict of provisions. the front building line to the rear building line. (1) It is not intended by this ordinance to Story is that portion of a building between the interfere with or abrogate or annul any ease- surface of any floor and the surface of the floor meats, covenants or other agreements between . next above it, or, if there be no floor above it, then parties. the space between any floor and the ceiling next above it. (2) That where this ordinance imposes a greater restriction upon the use of buildings or premises, Street is any public or private thoroughfare or upon the height of buildings, or requires larger which affords the principal means of access to open spaces than are imposed or required by Supp. No. 10 2483 f' 45-4 NORTH PALM BEACH CODE other ordinances, rules, regulations or by ease- R-3 Apartment dwelling district merits, covenants, or agreements, the provisions C-A Commercial district of this ordinance shall control. C-IA Limited commercial district CB Commercial district Sec. 45-5. Changes and amendments. C-1 Neighborhood commercial district The village council may, from time to time, on C-2 General commercial district its own motion or on petition, amend, supple- C-3 Regional business district meat, change, modify or repeal by ordinance the P Public district boundaries or districts or regulations or restric- C-OS Conservation and open space tions herein established, after public hearing. In the creation of this ordinance of the respec- Sec. 45-6. Penalty for violation of provi- tive districts, the village council has given due sions. and careful .consideration to the peculiar suitabil- ity of each district for the particular uses and Any person who shall violate any of the provi- regulations applied thereto and to the densities of sions of this .ordinance or fail to comply therewith population, all in accordance with the comprehen- or with any of the requirements thereof, or who sive development plan of the village. shall build or alter any building in violation of any (Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1, detailed statement or plan submitted and ap- 9-Z3-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No. proved thereunder, upon conviction thereof shall 1-95, § 1, 3-23-95) be punished as provided in section 1-8 (of the village Code], and each day such violation shall be Sec. 45-17. Official zoning map. permitted to exist shall constitute a separate o$'ense. The owner or owners of any buildings or (1) Adopted by reference. The aforesaid dis- premises or part thereof, where anything in vio- tricts and the boundaries thereof are as shown lation of this ordinance shall be placed, or shall upon the "official zoning ma "which to ether P ~ g exist, and any architect, builder, contractor, agent, with all explanatory matter thereon, is hereby person or corporation employed in connection adopted by reference and declared to be part of therewith shall each be guilty of a separate of- this ordinance as if the information set forth on fense and upon conviction thereof shall be pun- the map was all fully described and set out fished as provided in section 1-9. herein. Editor's note-Section 1-9 of the 1970 Code is found in § 1-s of this Code. (2) Identification. The official zoning map shall be identified by the signature of the mayor at- Secs. 45-'7-s45-15. tested by the village clerk, and bearing the seal of the village under the following words: "This is to ARTICLE II. GENERALLY certify that this is the official zoning map referred to in section 3 of Ordinance No. 20 of the Village Sec. 45-16. Division of village into districts; of North Palm Beach, Florida, as amended," to- districts enumerated. gether with the date of the adoption of this ordinance. In order to classify, regulate and restrict the uses of land and buildings, the height and bulk of (3) Changes. buildings, the amount of open spaces about build- (a) If, in accordance with the provisions of this ings, intensity of land use, the Village of North ordinance changes are made in district Palm Beach, Florida is divided into eleven (11) boundaries or other matter portrayed on zoning districts, as follows: the official zoning map, such changes shall R-1 Single-family dwelling district be entered on a new official zoning map promptly after the amendment has been R-2 Multiple-family dwelling district approved by the Village Council. The new Supp. No. 10 2484 APPENDD~ C-ZONING § 45-19 official zoning map shall be adopted in Sec. 45-18. Boundary conflict interpreta- accordancewith provisions set forth in Sec- tions. tion 45-17(5). Where uncertainty exists as to the boundaries (b) No changes of any nature shall be made in of any district .shown upon the zoning map, the the official zoning map or matter shown following rules shall apply: thereon except in conformity with the pro- . cedures set forth in subsection (3)(a). Any (1) Where district boundaries are indicated as unauthorized change of whatever kind or following street, alley or lot lines, said lines any failure to make a change when directed shall be construed to be such boundaries. by ordinance by any person or persons (2) Where any public street or alley is hereaf- shall be considered a violation of this ordi- ter officially vacated or abandoned, the nance and punishable as provided under regulations applicable to each parcel of section 45-6 of this ordinance. abutting land shall apply to the portion of (4) Location; final authority. Regardless of the such street or alley added thereto by virtue existence of purported copies of the official zoning of said vacation or abandonment. map which may, from time to time, be made or published, the official zoning map which shall be (3) In case any further uncertainty exists, the located in the office of the village clerk shall be the village council shall interpret the intent of final authority as to the current zoning status of the map as to the location of such bound- land and water areas, buildings, and other struc- aries. tures in the village. Sec. 45-19. Buildings and uses to conform to (5) Damaged; destroyed, etc. In the event that district regulations. the official zoning map becomes damaged, de- Except as hereinafter provided: stroyed, lost or difficult to interpret because of the A. No building shall be erected, reconstructed nature or number of changes and additions, the or structurally altered, nor shall any build- village council may, by resolution, adopt a new ing or land be used which does not comply official zoning map which shall supersede the with the regulations for the district in prior official zoning map. The new official zoning map may correct drafting or other errors or orris- which such building or land is located. sions in the prior official zoning map, but no such B. No building shall be erected, reconstructed corrections shall have the effect of amending the or structurally altered to exceed the height original official zoning map or any subsequent or bulk limits herein established for the amendment thereto. The new official zoning map district in which such building is located. shall be identified by the signature of the mayor C. The minimum open spaces around a main attested by the village clerk and bearing the seal building as provided for in this ordinance of the village under the following words: "This is shall not be encroached upon or be consid- to certify that this official zoning map supersedes ered as open spaces for any other building. and replaces the official zoning map adopted (date of adoption of map being replaced) as part of D. There shall not be more than one (1) main Ordinance No. 20 of the Village of North Palm building and its customary accessory build- Beach, Florida." ing on a lot as defined by this ordinance. Unless the prior official zoning map has been E. The types, location and uses of buildings lost, or has been totally destroyed, the prior map and land publicly owned and used in the or any significant parts thereof remaining shall performance of a public function may be be preserved, together with all available records permitted in any district, provided such pertaining to its adoption or amendment. Each type, location and use is approved by the replacement official zoning map shall be num- village council. The village council may tiered in consecutive order as adopted. limit the length of time of such type, loca- (Ord. No. 208-70, 3-12-70; Ord. No. 26-95, § 1, tion and use. 8-24-95) (Ord. No. 2-82, § 1, 1-28-82) Supp. No. 10 2485 § 45-20 NORTH PALM BEACH CODE f Sec. 45-20. Adult entertainment establish- (2) Findings of fact. Based on the. evidence and ment. testimony presented at first reading and public hearing, the village council of the Village of North (1) Legislative intent. The intent of the village Palm Beach reaffirms the findings of-fact con- - council in adopting this section is to establish tained within the Palm Beach County Adult En- reasonable and uniform regulations for the adult tertainment Code and on the findings incorpo- entertainment industry that will protect the health, rated in the United States Attorney General's safety, property values, and general welfare of the Commission on Pornography (1986): "A Summary people, businesses, and industries of the Village of a National Survey of Real Estate Appraisers of North Palm Beach. It is not the intent of the Regarding the Effect. of Adult Bookstores on Prop- village council to legislate with respect to matters erty Values," conducted by the Division of Plan- of obscenity. These matters are regulated by fed- ping, Department of Metropolitan Development, eral and state law, including Chapter 847 of the City of Indianapolis, January 1984; the "Study of Florida Statutes. the Effects of Concentration of Adult Entertain- ment Establishments in the City of Los Angeles," This section is intended to provide for the conducted by the Planning Committee for the Los . proper location of adult entertainment establish- Angeles," conducted by the Planning Committee ments ixi the C-1 Neighborhood Commercial Dis- for the Los Angeles City Council, June 1977; the trict and to protect the integrity of adjacent. study conducted by the City of Austin, Texas; the neighborhoods, educational institutions, religious Metropolitan Bureau of Investigation (MBI) for institutions, parks and other commercial enter- the Ninth Judicial Circuit (Orlando area); and prises. Proper separation of adult entertainment information from Tampa, Florida, detailing the establishments prevents the creation of "skid- effects of adult entertainment establishments in row" areas in the village which results from the the Tampa area. j concentration of these establishments and their (3) Definitions. The following words, terms and patrons. It is the intent to limit the secondary phrases, when used in this ordinance, shall have effects of adult entertainment establishments as the meanings ascribed them in the Palm Beach set out in the findings of fact contained within the County Adult Entertainment Code at time of Palm Beach County "Adult Entertainment Code," passage of this ordinance, except where the con- Ordinance No. 88-31. text clearly indicates different meaning. The locational restrictions contained in this Adult arcade section should not be construed as to apply only to Adult bookstore/adult video store those residential zoning districts, religious insti- Adult booth tutions, educational institutions, parks and other commercial enterprises which cater to or are Adult dancing establishment attended by persons under eighteen (18) years of Adult entertainment establishment age. The restrictions within this section are also Adult material intended to ensure that residential zoning dis- tricts, educational institutions, religious institu- Adult motel tions, parks and other commercial enterprises are Adult theater located in areas free from the secondary effects of adult entertainment establishments. Adult video store Alcoholic Beverage The location of residential zones, educational institutions, religious institutions, parks and other Board commercial enterprises within viable, unblighted Code and desirable areas support the preservation of property values and promote the health, safety Commercial Gain and welfare of the public at large. Commercial establishment Supp. No. 10 2486 APPENDIX C-ZONING § 45-20 Conviction (b) In addition to the distance requirements Department set forth in subsection (a), an adult enter- tainment establishment shall not be al- Educational Institution lowed to open, exist or do business any- Employee where except in the C-1 zoning district where adult entertainment establishments Establishment are an expressly permitted use subject to Inspector review by the village director of public services for conformance with the require- Licensed premises ments of the village's land development Licensee regulations. Operator (c) The distance requirements of subsection (a) are independent of and do not supersede Person the distance requirements for alcoholic bev- Principal stockholder erage establishments which may be con- tained in other laws, rules, ordinances, or Private Performance regulations. Specified anatomical areas (5) Measurement of distance. The distance from Specified criminal act a proposed or existing adult entertainment estab- lishment to apre-existing adult entertainment (4) Prohibited locations. 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- riing, land development and zoning regula- cational institution, child care facility, family day bons, 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 apre-existing 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, within five hun- the closest lot lines of the proposed or existing dred (500) feet of Zoning District P, public adult entertainment establishment and the pre- district, within one thousand (1,000) feet of existing adult entertainment establishment, pre- a pre-existing religious institution, within existing religious .institution, Zoning District P, one thousand (1,000) feet of apre-existing public district, pre-existing educational institu- educational institution, child care facility, tion, child care facility, family day care home or family day care home or community resi- community residential home, area zoned for res- dential home, within two hundred (200) idential use; area designated on the future land feet of an area zoned for residential use, use map of the comprehensive plan as residential, within two hundred (200) feet of an area Pre-existing residence, pre-existing park, or pre- designated as residential on the future existing commercial establishment that sells or land use map of the village's comprehen- dispenses alcohol. sive plan, within two hundred (200) feet of (6) No variance. There shall be no variance to the lot line of apre-existing residence, the distance requirements of this section. within five hundred (500). feet of a pre- . existing park, or within two thousand (2,000) (7) Nonconforming uses. When a legal noncon- feet of another adult entertainment estab- forming use of an adult entertainment establish- lishment. ment has been discontinued for ninety (90) con- Supp. No. 10 2486.1 § 45-20 NORTH PALM BEACH CODE secutive days or more, the nonconforaxiing use. Secs. 45-23-45-26. shall be deemed abandoned and the future use of the premises or site shall revert to only those permitted uses on the site as set forth in C-1 ARTICLE III. DISTRICT REGULATIONS* Zoning District. (8) Supplemental administrative requirements. Sec. 45-27. R-1 single-family dwelling dis- trict. (a) Rules of construction. This section shall be liberally construed to accomplish its pur- A. Uses permitted. Within any R-1 single- pose of regulating and dispersing adult family dwelling district no building, structure, entertainment establishments and related land or water shall be used except for one (1) or activities. more of the following uses: (b) Plan reuiew. The stag' shall compare the 1. Single-family dwellings with accessory build- official plans of the building department ings customarily incident thereto. and official zoning map against the plan 2. Public schools. submitted. 3, Parks and recreation facilities owned or (9) Enforcement. The provisions of this Code leased by or operated under the supervi- may be enforced by: Sion of the Village of North Palm Beach. (a) A suit brought by the village council in the 4. Detached fence storage areas. Circuit Court of Palm Beach County to 5. Satellite dish antenna. restrain, enjoin, or prevent a violation of this Code; and 6. Community residential homes. Commu- (b) Enforcement proceedings by the village's nity residential homes of six (6) or fewer code enforcement board; and residents which otherwise meet the defini- tion of a community residential home,. pro- 4c) Criminal prosecution; and vided that such homes shall not be located (d) Any and all other legal proceedings and within a radius of one thousand { 1,000) feet remedies available to the village as pro- of another existing such home with six (6) vided by law. or fewer residents. (Ord. No. 22-95, § 1, 7-17-95) 7. Family day care home. B. Building height .regulations. No main build- Sec. 45-21. Reserved. ing shall exceed two (2) stories in height and no Editor's note-Section 45-21, relative to oceanfront land accessory building more than one (1) story. in the R-1 district, has been repealed by Ord. No. 4-82, § 1, enacted Jan. 28, 1982. The Former section did not bear a C. Building site area regulations. The -mini- history note. mum lot or building. site area for each single- family dwelling shall be seven thousand five hun- Sec. 45-22. Oceanfront land-Ocean setback. dyed {7 500) s ware feet and have a width f n 0 of q less than seventy-five (75) feet, measured at the There shall be a building setback line of not less building line. than fifty (50) feet from the dune line, or one hundred (100) feetfrom the highwater line, which- D. Yard space regulations. ever distance is greater,. for all property bordering 1. Front yard. There shall be a front yard of on the Atlantic Ocean. The measurement of the not less than twenty-five (25), feet mea- setbackfrom the dune line and the highwater line ~ cured from _the street line to the front _ shall be to the closest edge of any building to be building line. constructed on the Atlantic oceanfront. (Ord. No. 23-72, § 1) *Cross reference-Home occupations, § 17-2. Supp. No. 10 2486.2 APPENDIX C-ZONING § 45-28 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured from the rear building line to the rear lot line. 3. Side yards. There shall be a side yard on each side of the side building line of not less than ten (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. (a) For a distance of one block on streets intersecting U.S. #1, measured from -the right-of--way line of said U.S. #1, side yards of at least twenty-five (25) feet in depth shall be provided. E. Ofj~street parking regulations. At least one parking space of at least two hundred (200) square feet shall be provided, consisting of a durable surfaced area, enclosed in the dwelling, in an accessory building or in an unenclosed area, ex- clusive of the driveway connecting the parking space with the street. (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. No. 17-90, § 2, 6-28-90) Sec. 45-28. Rr2 multiple-family dwelling dis- trict. A. Uses permitted. Within any R-2 multiple- family dwelling district, no building structure, land or water shall be used, except for one (1) or more of the following uses: 1. Any use permitted in the R-1 single-family dwelling district. Supp. No. 10 2486.3 r r APPENDIX C-ZONING § 45-33 Sec. 45-33. C-1 neighborhood commercial (2) or in excess of thirty (30) feet in height. No district. structures however, shall occupy more than thirty- five (35) percent of the site area so required. A. Uses permitted. Within any C-1 neighbor- hood commercial district, no building, structure, C. Building area regulations. For single- and land or water shall be used, except for one (1) or multiple-family dwelling structures, the same as more of the following uses: for the R-1 and R-3 districts, respectively. . 1. Any use permitted in the C-lA limited D. Yard space regulations. There shall be a commercial district. front yard of not less than fifty (50) feet measured 2. Any retail business or commercial use which from the street line to the front building line, does not involve the manufacturing or pro- except along both sides of U.S. 1, no setback less cessing of products. than one hundred (100) feet in depth measured from the front building line shall be provided. 3. Personal service establishments, includ- ing, but not limited to, banks, barbershops, For a distance of one (1) block on streets inter- bowling alleys, beauty salons, medical and setting U.S. 1, measured from the right-of--way dental clinics, professional and other of- line of said U.S. 1, side yards of at least twenty- fices, funeral homes, filling stations, shoe five (25) feet in depth shall be provided. repair shops, laundry pickup stations and self-service laundries, furniture display (a) For single-family and for multiple-family stores and drugstores. residential structures, there shall be rear yard and side yard setbacks the same as 4. Theaters, but not drive-in theaters. set forth in the R-1 and R-3 zoning dis- 5. Dry cleaning plants using modern, auto- tricts, respectively, except as modified be- matic cleaning systems with a completely low: enclosed process and with solvent and va- (i) On corner lots intersecting U.S. High- por recovery units designed to prevent the way No. 1 where the front of the build- . emission of objectionable odors and effiu- ing is on the intersecting street and . ent, provided: the side yard of the building is on U.S. (a) That such establishments employ not Highway No. 1, the minimum side yard more than five (5) persons on the prem- setback on U.S. Highway No. 1 shall be ises, exclusive of owner or manager one hundred (100) feet measured from and employees who spend the greater the street line to the side building line, part of their time outside of, rather and only for structures in excess of than on the premises, such as delivery twenty (20) stories in height shall five men, salesmen or business solicitors. (5) feet be added to the required side yard for each story added to the build- (b) That such cleaning process meets with ing in excess of twenty (20). the approval of the building official and the fire chief, that it complies with all (ii) On lots bordering the established bulk- building code provisions and fire pre- head line, the Intracoastal Waterway vention provisions of the Village of line or any existing bulkhead, the max- North Palm Beach. imum required rear yard and side yard setbacks shall be twenty (20) feet from 6. Mobile home park. the established bulkhead line, 7. Adult entertainment establishments. Intracoastal Waterway line or existing bulkhead, whichever is closest in dis- B. Building height regulations. For buildings tance to the building line; provided, in excess of two (2) stories or thirty (30) feet in however, that said bulkhead line, height, five (5) feet shall be .added to the required Intracoastal Waterway line or existing front-yard setback for each story in excess of two bulkhead is at least five hundred (500) Supp. No. 10 2501 I § 45-33 NORTH PALM BEACH CODE feet from the opposite bulkhead line, 9. Retail business with floor area in excess of Intracoastal Waterway line or existing fifty thousand (50,000) square feet, one (1) bulkhead, whichever is closest. space for each two hundred and fifty (250) All other space regulations shall apply to square feet of non-storage floor area. such buildings. F. Floor. area regulations. E. Off-street parking regulations. 1. In multiple-family dwelling structures, each 1. Same as for the C-1A limited commercial dwelling unit having one (1) bedroom shall district for dwellings, churches, motels, ho- have a minimum floor area of seven hun- tels, time-share units and restaurants. Bred fifty (750) square feet. An additional. ' one hundred fifty (150) square feet of floor 2. For general business, commercial or per- area shall be required for each additional sonal service establishments, one (1) space bedroom provided. for each one hundred (100) square feet of nonstorage first floor area, plus one (1) 2. In time-share structures, each dwelling unit space for each two hundred (200) square having one (1) bedroom shall have a min- ~eet of nonstorage area above the first floor. mum floor area of seven hundred fifty (750) square feet. An additional one hundred 3. Medical or dental offices or clinics, one (1) fifty (150) square feet of floor area shall be space for each one hundred fifty (150) square required for. each additional bedroom pro- feet of floor area,. up to three thousand vided. (3,000) square feet; one (1) additional space for each additional two hundred (200) square G. Conditions for permitted uses: feet of floor area up to five thousand (5,000) 1. A car wash and car waxing business whether square feet; one (1) additional space for in conjunction with a filling station or as an each additional two hundred fifty (250) independent enterprise shall be allowed to square feet of floor space in excess of five utilize an awning structure or structures thousand (5,000) square fee"t. which shall be located in the rear yard with 4. Offices, one (1) space for each three hun- a minimum five-foot setback and within dred (300) square feet of floor area used for the building side lines extended. All other office purposes. activities, sales and storage of goods must be conducted entirely within completely 5. Schools and public buildings, one (1) space enclosed buildings with permanent for each four (4) .seats in the main audito- nonmoving outside walls. rium or place of assembly. 2. No outside sidewalk or parking lot storage 6. Theaters, auditoriums, one (1) space for (or) display of merchandise will be permit- each four (4) seats. ted. 7. No parking shall be permitted in the first (Ord. No. 20-72, § 1; Ord. No. 4-73; Ord. No, ten (10) feet of the required front yard 10-73, 8, 9, 9-13-73; Ord. No. 22-82, 8, 9, depth, measured from the front property 12-9-82; Ord. No. 9-87, § 2, 5-28-87; Ord. No. line. The restriction against parking in the 23-90, § 4, 6-28-90; Ord. No. 7-94, § 1, 4-14-94; first ten (10) feet of the required front yard Ord. No. 1-95, § 1, 1-12-95; Ord. No. 24-95, § 1, depth measured from the front property 7-17-95) line shall not apply to those properties Sec. 45-34. C-2 general comffiercial district. which have complied in full with the land- A. Uses permitted. Within any C-2 general com- scaping provisions of chapter 41-16through mercial district, no building, structure, land or 41-25 [chapter 27, article III], both inclu- water shall be used, except for one or more of the live. following uses: 8. Furniture display stores, one (1) space for 1. Any use permitted in the C-1 limited com- each four hundred (400) square feet of sales mercial district except for the usage of area. adult entertainment establishments. Supp. No. 10 2502 APPENDIX C-ZONING § 45-34.1 2. Automobile laundry. age to property or discomfort to persons or 3. Bakery. animals at or beyond the lot line of the property on which the use is located. 4. Cold storage and frozen food lockers. 5. Every use shall be so operated as to pre- s. Contractor's storage and equipment yards. vent the discharge into any drainage ditch, 6. Dry cleaning, dyeing and laundry establish- stream, lake or ground of any waste which ments. will be dangerous or discomforting to per- sons or animals or which will damage plants 7. Mechanical garage. or crops or the public water supply beyond 8. Plumbing sales room, shop and storage the lot line of the property on which the use yards. is located. 9. Printing and publishing establishments. 6. Every use shall be so operated as to pre- . vent the emission of objectionable or offen- 10. Building materials storage and sales. sive odors in such concentration as to be 11. Wholesale distribution warehouse. readily perceptible at any point at or be- yond the lot line of the property on which 12. Boat building, repair and storage. the use is located. 13. Establishments similar in character to those 7, Each use shall be operated so as to lessen enumerated above, subject, however, to the the danger from fire and explosion. express approval of the village council. 14. Assembly, precasting and precutting of con- C: Building height regulations, building area Crete, steel, wood or other construction com- regulations, yard space regulations, of j`-street park- ponents. ing regulations, floor area regulations. The height of buildings, the site area of buildings, yard B. Performance standards. Every commercial spaces, off-street parking and floor area regula- use located within the C-2 general commercial Lions in zoning district C-2 for all structures shall district shall be so operated as to comply with the be the same as required in the C-1 neighborhood following maximum performance standards: commercial district. 1. Objectionable noises due to intermittence, (Ord. No. 15-72, § l; Ord. No. 25-95, § 1, 7-17-95) beat frequency or shrillness shall be muf- fled or eliminated so as not to become a Sec. 45-34.1. C-3 regional business district. nuisance to adjacent uses. Sound levels shall be measured with a sound level meter The C-3 regional business district is designed and associated octave band filter manufac- for the re-use and/or redevelopment of commer- tured according to the American Standards cial property. It contains special regulations and Association. procedures that are integrated with those of the Town of Lake Park to avoid conflicts that could 2. Every use shall be so operated that ground otherwise be created by the location of the town/ vibration inherently and recurrently gen- village boundary. Within C-3 business districts, erated is not perceptible. the following regulations shall apply: 3. Every use shall be so operated as to pre- (1) Uses permitted. Within the C-3 zoning dis- ventthe emission of smoke, from any source trict, no building, structure, land, or water whatever, to a density greater than de- shall be used, unless otherwise permitted scribed as Number 1 on the Ringelmann by these regulations, except for any combi- Chart. nation of the following purposes: 4. Every use shall be so operated as to pre- a. Banks, savings and loans, stockbro- vent the emission into the air of dust or kers, and similar financial institu- other solid matter which may cause dam- tions. Supp. No. 10 2503 § 45-341 NORTH PALM BEACH CODE -._ b. Business offices, including medical and land uses may require less Barking; .and- professional services. combinations of land uses may be able to c. Community residential homes, subject reduce the total number of spaces by shar- to the same requirements as apply in uig those spaces during differing peak hours the R-2 zoning district, and family day or because of pedestrian traffic or multi- care centers as defined in Chapter 402, purpose trips. Modified standards. may be Florida Statutes, approved if fewer spaces will' accommodate the number of vehicles that,can be expected d. Hotels, motels, and time-share units. to be attracted to that use (or combination e. Multiple-family dwellings (each build- of uses) at the proposed location. Such a ing containing three (3) or more units) modification may be made on individual and customary accessory uses, subject parcels of land (or adjoining parcels under to any limitations on residential uses identical ownership) by the building official in the adopted Comprehensive Plan. ,when permitted by consensus. national codes or standards or after submission of persua- f. Personal services typically offered in live technical evidence (such as publica- conjunction with shopping facilities, tions of the Institute of Transportation such as Laundromats, dry cleaners, bar- Engineers (ITE)). Modifications that in- ber and beauty shops, child care- facil- volve shared parking on parcels of land ities, health clubs, and shops for the that are not under identical ownership, or repair, cleaning, or rental of items parking in a different municipality than weighing less than one hundred (100) the principal building regardless of owner- pounds. ship, may be approved through the special g. Restaurants and other establishments C-3 PUD procedures found below in section where food andlor beverages are pre- 45-34.1(10). pared and served. a. Auditoriums of anykind -1 space per h. Retail sale of new or antique merchan- 3 seats. disc that is displayed indoors only, b. Banks. and other financial institutions . whether in freestanding buildings or - 3 spaces per 1,000 square feet. in a centrally managed shopping cen- c. Hotels and motels -1 space per guest ter or enclosed mall. room plus 1 space per 2 employees i. Theaters and other entertainment. fa- during the peak period; parking for cilities including nightclubs, game restaurants and other guest facilities rooms, bowling- alleys, and similar es- to be calculated separately. tablishments, provided they are fully d. Offices, medicaUdental - 5 spaces per enclosed and provided such uses shall 1,000 square feet. not include adult entertainment estab- e. Offices, all other - 3 spaces per 1,000 lshments. square feet. (2) Off-street parking. All proposed land uses f. Residential - 2 spaces per dwelling shall provide a sufficient number of park- unit. ing spaces to accommodate the number of vehicles that can be expected to be at- g• Restaurants andnightclubs -12 spaces tracted to that use: Individual land uses per 1,000 square feet, except 6 spaces can provide at least the number of spaces per 1000 square feet for restaurants listed below on the same parcel of land as offering take-out service. the principal building (or on an adjoining h. Retail uses and personal services. e 4 parcel under identical ownership) in lieu of spaces per 1,000 square feet, except 1.5 using. the parking space standards found spaces per 1,000 square feet for furni- elsewhere in this Code. However, certain tore sales. Stipp. No. 10 2504 APPENDIX C-ZONING § 45-34.1 i. Shopping centers - 4 spaces per 1,000 b. Parking area interior landscaping for square feet. unroofed parking areas: At least ten j. Uses not listed above to be determined (10) percent of the total .paved surface by the building official using standards area shall be devoted to landscaped found elsewhere in this Code or upon areas. Each area counting toward the submission of persuasive technical ev- ten (10) percent total shall have an idence about the number of vehicles average minimum dimension of ten that can be expected to be attracted. (10) feet. At least one (1) tree shall be NOTES: planted for every two hundred fifty 1. All areas are measured as gross (250) square feet of required internal floor area except multi-tenant shop- planting area. No parking space shall ping centers and office complexes, be more than one hundred (100) feet " which are measured as gross .leas- from a tree planted in a permeable able area. island, peninsula, or median having a 2. Fractional spaces can be disre- ten-foot minimum width. garded. c. Indigenous native vegetation: To re- 3. Wherever the term "identical own- duce maintenance and water consump- ership" is used, the land parcels in tion, required landscaping shall in- question must be contiguous and clude at least seventy-five (75) percent must be owned by or under the indigenous native trees and fifty (50) unified control of the applicant. percent indigenous native shrubs. (3) Off-street loading and internal circulation. d. Installation: All required landscaping Requirements for off-street loading, park- shall be installed using xeriscape prin- ing lot aisles, accessways, and general in- ciples including water conservation ternal circulation shall be same as would through the appropriate use ofdrought- apply in the C-1 zoning district. tolerant plants, mulching, and the re- a. Lighting: Parking lots shall be fully duction of turn .areas. Irrigation sys- illuminated during hours of business terns shall be designed to operate only operation with a minimum standard of when needed and only in those areas illumination from closing to dawn per that require irrigation. the Palm Beach County Code or ITE, whichever is more stringent.. e. Maintenance: The property owner shall be responsible for the maintenance of (4) Landscaping. Landscaping shall be re- all required landscaped .areas in a . quired along the outer boundary of the C-3 healthy and vigorous condition at all zoning district (irrespective of any munici- times. Required trees shall not be pal boundary) and also in unroofed parking trimmed or pruned in such a way as to areas whenever a parking area is con- alter or limit their normal mature height strutted, reconstructed, or reconfigured. In or crown spread. If required plants die, addition to the other provisions of Chapter they shall be replaced within sixty (60) 27 of this Code, the following landscaping days. requirements shall be met: a. Required landscaping adjacent to pub- (5) Setbacks and height. The following set- lic rights-of--way: The required land- back, height, and spacing regulations apply scaped strip between a public right-of- in the C-3 zoning district: way and anoff-street parking area a. Perimeter setbacks: All buildings and shall be at least fifteen (15) feet wide structures shall be set back a mini- . and shall contain at least five (5) trees mum of thirty (30) feet from the outer and eighteen (18) shrubs for each one boundary of the C-3 zoning district, hundred (100) lineal feet. except an interior common municipal Supp. No. 10 2505 § 45-34.1 NORTH PALM BEACH CODE ~-- boundary. For buildings in excess of Route 1 and one (1) ground sign two (2) stories or thirty (30) feet in along Northlake Boulevard, regard- height,. one (1) foot shall be added to less of jurisdiction, North Palm the required perimeter setback for each Beach or Lake Park. extra foot of height over thirty (30) 2. Maximum height of ground sign feet. base: Three (3) feet. b. Additional setbacks to internal prop- erty lines: The need for building set- 3. Maximum height of ground signs: backs to property lines adjoining other Thirteen (13) feet including the land zoned C-3 is related to the exist- base, measured from the finished ing or proposed uses of those proper- grade nearest the base (excluding ties. Unless modified through the spe- berms). cial C-3 PUD procedures found below 4. Maximum size of ground signs: in section 45-34.1(10), all new build- One hundred (100) square feet; ings and structures shall be set back a copy may be placed on two (2) minimum of twenty-five (25) feet from sides of a ground sign without each of its property lines. counting the area twice. c. .Maximum building height: The maxi- mum height of any building shall be b. Pole signs are not attached to any ' fifty (50) feet. building. and are supported. upon the d. Spacing between buildings: The mini- ground- by poles. or braces. Pole signs mum spacing between individual build- are not permitted in the C-3 district. ings on the same or adjoining C-3 c. Wall- signs are those that are attached properties shall be as required by ap- to the exterior of a building or struc- plicable fire and building codes. ture in such a manner that the wall (6) Maximum lot coverage. There is no fixed becomes the supporting structure, and cap on lot coverage or Boor area- ratio. may form the background surface, of Maximum intensity will be governed by the the sign. Wall signs are permitted in application of the parking, loading, set- the- C-3 district provided they meet the back, building height,. and surface water following regulations: management standards found herein. (7) Signs. In addition to the other provisions of 1. Maximum depth of wall signs: Wall signs may not be painted directly sections 6-111 through 6-117 of this Code, on the wall and may not project but notwithstanding any conflicting star- more than two (2) feet from the Bards found therein, signs in the C-3 zon- building to which -they .are fas- ing district shall comply with the following tened. regulations unless modified through the special C-3 PUD procedures. 2. Allowable slope of wall signs: Wall a. Ground signs are mounted on a mono- signs may not be attached to walls lthc base and are independent of any that slope more than forty-five (45) building for support. They are permit- degrees from a vertical plane. ted only when the sign and base. are 3. Maximum height of wall signs: merlolithir end have egsentally tl,e FghteSn (1~) fPet rr~eaCllrerl frnYn same contour from grade to top. Ground the finished grade nearest the wall, signs that meet the following regula- except that on a building of more tions are permitted- in the C-3 district than two (2) stories, a single wall only along LT.S. Route 1 and Northlake sign is allowed above eighteen (.18) Boulevard: feet. No wall sign may extend above 1. Maximum number ofground signs: the tope of the wall to which it is One (1) ground sign along II.S. attached. $upp. No. l0 2506 APPENDIX 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 tions 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- Surface water management. A complete sur- Alex. 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 attaclied; or seven (7) tially redeveloped. percent if the front building set- - back is greater than seventy (70) (9) Automatic fire sprinkler systems. All new feet; or ten (10) percent if the front buildings in the C-3 district shall be equipped building setback is greater than with an approved automatic fire sprinkler one hundred (100) feet. However, system: in no case shall a wall sign exceed (10) Special C-3 Planned Unit Development one hundred (100) square feet in (pUD) provisions. Land in a C-3 zoning size. district may have fragmented ownership or d. Roof signs are erected and constructed may adjoin a municipal boundary. Despite wholly on and over the roof of a build- these complications, the Village of North ing, and are supported by the roof palm Beach desires to provide for an added structure or are an integral part of the degree of flexibility in the placement and roof. Roof signs are not permitted in interrelationship of the buildings and land the C-3 district. uses in this district. One (1) or more land- e. Size computations: When these regula- owners in the C-3 district may elect to use tions establish the maximum size of a these special PUD procedures to seek ap- sign, it shall be computed by means of proval of a site development plan that the smallest square, circle, rectangle, resolves ownership or boundary complica- triangle, or combination thereof that tions and/or which differs from the literal will encompass the extreme limits of terms of these zoning and land develop- - the writing, representation, emblem, ment regulations. These procedures may or other display, together with any also be used to seek approval for certain material or color forming an integral land uses that are not permitted by right in part of the background of the display -the C-3 district (see section 45-34.1(1) above) or used to differentiate the sign any or to request a specific modification to the backdrop or structure against which it sign regulations. However, any PUD ap- is placed. proval under these procedures must be £ Allowable colors: Notwithstanding the consistent with the spirit and intent of the regulations in Chapter 6 of this Code, C-3 zoning district and must also be con- color tones utilized for all signs com- sistent with the Comprehensive Plan. plying with these regulations shall be a. Allowable changes to existing regula- compatible with surrounding area. tions: No PUD approval can permit g. Lighting: Signs containing illumina- any development that is inconsistent tion shall be turned off by 12:00 a.m. with the Comprehensive Plan. Subject (midnight) each night, or when the to this limitation, changes may be con- business closes, whichever is later. sidered through this process to any Supp. No. 10 2507 I 45-34.1 NORTH PALM BEACH CODE -- other zoning and land development approximate locations of build- regulation that the village council finds ings, parking areas, and- would. unduly constrain desirable re- stormwater management facli- use and/or redevelopment of land in ties. This plan shall also show the the C-3 zoning district.. After any such exact locations of all access points changes are made by the village- coon- to public streets and to any abut- cil, those changes shall govern to the ting land zoned C-3, whether in extent of conflict with these regula- Lake Park or North Palm Beach. tions. 3. Unless clearly shown directly on b. Additional land uses: The following the site development plan, an ex- land uses are not permitted by right elicit list of zoning and land devel- but may be approved in response to a opment .regulations for which specific PUD application: changes are sought, and the pro- f. Automobile, truck, or motorcycle posed' alternate standards. dealers (new or used). 4. A specific list describing any of the 2. Cultural, civic, educational, health additional land uses listed in sec- care, and religious facilities. 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- aneesthat the development as pro- c. Minimum. PUD requirements: There is posed would further the intent and no minimum. parcel size for PUD ap- spirit of the C-3 district and the plications. However, most favorable con- Comprehensive Plan. sideration will be given to applications that encompass the largest possible The site development plan, lists of alter- land area, and no parcel that is smaller pate standards and additional land uses, than its size when this section was and volunteered conditions should be sub- adopted (March, 1995) maybe submit- mitted in a format suitable for attachment ted unless it was properly platted to an ordinance approving. the requests. through. the provisions of these land e. Approval process: PUD applications un- development regulations. All parcels der this section shall. be forwarded submitted in a single PUD application. along with recommendations from staff must be contiguous and must be owned to the planning commission, which. af- by or under the unified control of the ter holding. a public hearing shall'. make applicant. a formal recommendation. of approval, d,. Application procedures: PUD applica- partial approval, or disapproval. The tions made. under this. section shall be village council shall also hold a public accompanied by the applicable fee and 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- trpl ~f thu entire area 9~1~t}:ir: the catirJn ig- rlicarinrevari in fiwll ±h~g au~_ - rr- v 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 abilityto 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 f. Applications abutting or crossing a mu- in sufficient. detail to show the nicipal boundary: Any PUD applica- Sugp. No; l0 2508 APPENDIX C-ZONING § 45-35.1 tion for property abutting or crossing specified in this chapter for the zoning the Lake Park town boundary shall district in which a proposed project is to be meet all of the above requirements. In located. addition, to protect the interests of other C-3 landowners and the town, a B. Subject to the foregoing statement of in- decision on the PUD application shall tent, the village council may, in the case of be made by the village council only at a commercial and residential planned unit joint meeting with the Lake Park Town developments, allow for minor modifica- Commission. tions of the provisions of this chapter in (Ord. No. 8-95, § 1(Exh. A), 3-23-95; Ord. No. accordance with the procedure set forth in 18-95, 1, 2, 7-13-95) subsections II, III, IV and V. Sec. 45-35. Public district. II. Filing of application. Within any P public district, uses shall be A. Any person may file an application with restricted to those necessary or essential to the the village council for minor modifications administration and operation of the village or any of the provisions of this chapter. This ap- other governmental agency, including, but not plication shall contain at least the follow- limited, to village hall, recreation facilities, wa- ing: terworks, pumping stations and sewage facilities. 1. All application and review procedures (Ord. No. 3-82, § 1, 1-28-82) shall comply with section 21-12, Sec. 45-35.1. Planned unit developanent. 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 Supp. No. 10 2509 ~I i § 45-35.1 NORTH PALM $EACH CODE necessa submittals demonstratin ac- 11. In the event an ~Y r3' g y 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- 8. All 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- tory evidence of the unified control of IV. Action of planning committee [commission.] 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: cil 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 coon- be detrimental to the orderly develop- cil, both for completion of the un- ment 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- t. 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 lard, 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- major street or appropriate access which posed project to main traffic thorough- - will accommodate the proposed use fares and to street and road intersec- and design, tions; and, the general character and ` Supp. No. 10 2510 APPENDD~ C-ZONING § 45-35.2 intensity of the existing and potential council those conditions to be imposed upon development of the neighborhood. In the project, its operation, or both, that are addition, where appropriate, the com- needed to assure adherence to the afore- mission shall determine that noise, said standards. vibration, odor, light, glare, heat, elec- tromagnetic or radioactive radiation, V. Action of village council. The village council, or other external effects, from any source upon the receipt from the planning commission of whatsoever which is connected with the report on the planned unit development and the proposed use, will not have a det- the minor modifications to the provisions of this rimental effect upon neighboring prop- chapter may, after the required public hearing, erty or the neighboring area in gen- approve or reject such project and modifications, eral. incorporating with an approval such conditions as the council deems appropriate. The approval shall 3. The location and height of buildings, be by ordinance. the location, nature and height of walls and fences, and the nature and extent Efj~ect of approval of village council. The of landscaping of the site shall be such approval of the application by the village council that they will not hinder or discourage shall allow the building official to .issue a building the proper development and use of permit in conformity with the application as ap- adj acentland and buildings nor impair proved. This permit shall specify with particular- the value thereof. ity the exact modifications to the provisions of 4. The standards of density and required this chapter which have been approved. The holder open space in the proposed project are of this permit may then proceed with his project at least equal to those required by this m conformity with said permit. No deviations ordinance in the zoning district in which from the conditions of the permit shall be allowed the proposed project is to be located. except those which shall be in conformity with the basic provisions of this ordinance as they apply to 5. There shall be no uses within the pro- the zoning district in which the project is located. posed project which are not permitted (Ord. No. 23-79, § 1, 10-25-79; Ord. No. 16-87, § 1, uses in the zoning district in which the 10-22-87) proposed project is to be located. Exception: A mixed use occupancy may be Sec. 45-35.2. C-OS conservation and open allowed if the existing zoning district usage space district. is commercial. The mixed usage occupancy A, Intent. The intent of this section is to pro- shall only be residential and mercantile or vide for land uses and activities within land areas residential and business. designated for the primary purpose of conserving B. The commission may recommend such or protecting natural resources of environmental changes or modifications in the proposed quality. plan as are needed to achieve conformity to g, Uses permitted. Within any part of the C-OS the standards as herein specified. The rea- conservation and open space district, no building, sons for the changes or modifications shall structure, land or water shall be used, except for be included in the recommendation. one or more of the following uses: C. The commission shall not recommend the L Passive recreation. project unless it finds that all of the stan- Bards as herein specified have been met. If 2. Flood control. there are minor modifications to the provi- 3. Protection of quality or quantity of ground sions of this chapter, the commission may water or surface water. recommend its approval at the same time. It shall also, where it deems appropriate 4. Floodplain management. and necessary, recommend to the village 5. Fisheries management. Supp. No. 10 2510.1 § 45-35.2 NORTH PALM BEACH CODE 6. Protection of vegetative community or wild- side property line including the two-and- life habitats. one-half-foot walk around the pool. The 7. Residential and administrative buildings highest projection of the swimming pool for the protection of the C-OS district. shall not exceed two (2) feet. Outdoor fire- plaees not exceeding six (6) feet in height 8. Single-family dwellings with accessory build- maybe erected and maintained, said strut- ings customarily incident thereto. tore, however,. shall not be erected within a. Building height regulations. No main five (5) feet of any rear lot line. building. shall exceed two (2}stories in (a) Swimming pools may be enclosed by height and no accessory building more screening provided same are not erected than one (1) story. closer than five (5) feet from. the side. Li. Building site area regulations. The min- and rear yard lines. imum lot or building site for each. sin- (b) No swimming pool shall be located in gle family dwelling shall be one (1) the area lying between the front prop- acre of upland. area and have at least erty line- and the front building line in one lot. dimension, width or length, of a the R-1 and R-2 zoning districts. ~ minimum of ]:50 feet. c. Yard space regulation. No building or C. Detached garages not- more than one (1) portion thereof shall occupy a position story in height may be erected and main- fifty (5U) feet or less from the upland/ tamed within seven and one-half (7~/2) feet wetland boundary of the property. of the rear line of any such lot. C. Coastal zone protection. The Village of North D. Walls and fences built within the area Palm Beach adopts,. by reference, the Palm Beach between the property line and the building County Coastal Protection :Ordinance No. 90=2 in setback line shall not exceed six (6) feet in its entirety. height; provided, however, that no walls or (Ord. No. 20-90, § 2, 6-28-90; Ord.. No. 25-90, § 1, fences- may be erected between the .front, 6-28-90; Ord, No. 24-91, § 1, 7-11-91) ~ yard setback and the street line, nor may walls or fences exceed four (4) feet in height Sec. 45-36. General provisions. for a distance of forty (40) feet from any body of water located within the village. On The provisions of this article shall be subject to corner lots, walls. or fences shall not exceed the following provisions and exceptions: four (4) feet in height within the area between the side line of the lot which fronts A. Chimneys, water tanks, radio or television ~ on a street, and the front building setback towers, church spires,.. elevator lofts, flag- line extended of the adjacent side street lot. poles and parapet walls may be erected On ali building permits for walls or fences above the height limits herein established. greater than four (4) feet in height that are A-1. No addition to any building and no strut- to be located outside building setbacklines, tore or object shall be erected, placed or there shall be a prominent notice that a maintained or built to a height which ex- village building permit in no way offsets ceeds four (4) stories or sixty (60) feet the deed covenants, and that the applicant where any portion of said building or of the should also check the deed covenants to property upon which it is located is within protect himself. five hundred feet of any R-1, single-family E. In the event one (1) lot, or portion thereof, dwelling district. and the whole or a portion of a contiguous B, Swimming pools shall be set back at least lot, all in one (1) ownership; shall be used seven and one-half (7~/a) feet from the back as one (1) building site for one (1) residence property line measured from the rim of the building, and its appurtenant outbuildings pool and not less than five (5) feet from the permitted by this ordinance, then while so Supp. No. 10 2510.2 APPENDD~ C-ZONING § 45-36 owned and used the side lines and rear line J. Whenever, by this ordinance, off-street park- of such site shall be deemed to be the side ing is required in any commercial district and rear lot lines of such sites. or in any R-3 apartment dwelling district, F. No business, professional, commercial ac- no such parking facilities shall be hereafter tivity or home occupation shall be con- constructed until a permit therefor shall ducted upon any portion of real property have been issued by the building inspector, zoned R-1 single-family dwelling district, and until the plans and specifications there- R-2 multiple-family dwelling district and for are such that: R-3 apartment dwelling district or within a. Such off-street parking area is de- any dwelling thereon or upon a dock, pier .signed with appropriate means of ve- or other waterside structure appurtenant hicular access to a public street or thereto and attached to such real property. alley. G. In all multifamily residential buildings two b. Such off-street parking area is de- (2) stories or greater in height, and in all signed with appropriate vehicular ma- commercial buildings over four (4) stories neuvering areas. in height, which are not equipped with c. Such o$=street parking area is paved elevators provided with standby emer- with an asphaltic or concrete surfac- gency power and having minimum cab di- ing, or other material designed to pre- mensions which will permit the use of the vent dust. elevator cab by normal size emergency am- d. Such o$=street parking area is so con- bulance stretchers, and in all commercial strutted, graded and surfaced as to buildings two (2) stories to four (4) stories prevent surface water from draining in height which are not equipped with onto public right-of--way, or on adjoin- elevators having minimum cab dimensions which will permit the use of the elevator ing properties, the outlets for such cab by .normal size emergency stretchers, surface waters to be connected directly there shall be a minimum of one (1) access or indirectly to storm sewer conduits stairway serving every story. Such stair- terminating in existing publicly con- way shall have the following minimum trolled waterways or in other seepage areas .approved by the building depart- dimensions: ment. (1) Minimum width of stairway to be five e. Such off-street parking areas shall be (5) feet. used for vehicular traffic only, with no (2) Minimum dimensions of all landings to sales, dead storage, repair work, dis- be ten (10) feet by six (6) feet, six (6) mantling or servicing of any kind un- inches. less expressly permitted by the zoning H. Patios connected to the rear of a dwelling of the district in question. unit maybe enclosed by screening provided £ If lighting of such areas is to be pro- there shall be a rear yard of not less than vided, the plans therefor shall be such fifteen (15) feet measured from the rear of that such lighting shall reflect away the screened enclosure to the rear lot line. from any public street and at such an I. There shall be a front yard of not less than angle as to prevent glare or undue forty (40) feet measured from the street illumination of residential properties line to the front building line in the case of in the neighborhood. ' Lots 11 to 35 inclusive, Block 3, as shown K. No carnival, fair, amusement park or circus on the plat of Village of North Palm Beach, shall be carried on in any residential or Plat 1, recorded in plat book 24, page 205, commercial zoning district in the Village of Public Records of Palm Beach County, Flor- North Palm Beach, including zoning dis- ida. tricts R-1, R-2A, R-3, C-A, C-lA, C-1 and Supp. No. 10 2510.3 § 45-36 NORTH PALM BEACH CODE. ~- - ~ C-2; provided, however, that a carnival, fair Intracoastal Waterway and west of U.S. or circus may be carried by a nonprofit Highway No. 1, no building or struc- organization to collect funds to further the tare-shall exceed sixteen (16) stories or purposes of such organization at the preen- one hundred. sixty (160) feet. Elevator ises where the organization is located within. towers and mechanical apparatus are the Village of North Palm Beach. No such not restricted to-the one-hundred-sixty- carnval, fair or circus shall extend for foot limit. more than three (3) consecutive days, and (2) Within the area of the Village of North no such carnival, fair or circus maybe open palm. Beach which lies north of the to the public between the hours of 10:00 Intracoastal Waterway and east of U.S. p.m. and 10:00 a.m. during any day.. A Highway No. 1, no building or struc- permit for such permitted carnival, fair or tune shall exceed twenty-two (22) sto- circus must be obtained from the office of vies or two hundred twenty (220) feet. the village manager. There will be no charge Elevator towers and mechanical a a or fee for such permit. pp - ratus .are not restricted to the two- L. No gasoline or oil filling. stations and no hundred-twenty-foot limit. service station shall be erected within five (3) Within the area of the Village of North hundred (500) feet of any church, hospital, palm Beach which lies south of the- . school or other similar institution where Intracoastal Waterway and east of U.S. large numbers. of pedestrians congregate, _ nor within one thousand (1,000) feet of the Highway No. 1, no building or struc- location iii said village of another gasoline tune shall exceed four (4) stories or or oil filling station or service station. forty (40) feet. Elevator towers and mechanical apparatus are not restricted The method of measurement that shall to the forty-foot limit. apply in such cases shall be by measure- anent of the airline distance made or taken (4) Within. the area of the Village of North from the nearest boundary of the lot or Palm Beach which lies south and west. premises where such proposed station would of the Intracoastal Waterway and west be located to such building or structure of U.S. Highway No. 1, no building or used as a church, hospital, school or other structure shall exceed four (4) stories similar institution to the boundary of the or forty (40) feet. Elevator towers and lot or premises where the existing station mechanical apparatus are not restricted is erected. Nothing in this section shall to the forty-foot limit. prohibit, however: N. Location of business for retail sales of alco- a. The operation of existing gasoline or holic beverages. oil filling stations or service stations. (1) No licensed retail sales of alcoholic b. The improvement, alteration or recon- beverages shall be carried on where structon of any presently existing gas- the proposed place of business is within olive or oil filling station or service one thousand (1,000) feet of a church, station. public or private school, hospital, park or playground,. or a place of business of c. The construction of asoline or oil fill- g aiiotiier iiceiised retail Seiler of aicU- ingstations orservice stations for which holic beverages. permits have been issued prior to the date of this ordinance, but which are (2) The measurement provided above for not presently under construction. one thousand (1,000) feet shall be made or taken from the main front entrance IVI. Building height regulations. or entrances. of such church, public or (1) Within the area of the Village of North private school,. hospital, park or play- Palm Beach which lies north of the ground, or a place of business of an- \ -- Sapp. No. 10 2510.4 APPENDIX G-ZONING § 45-37 other licensed retail seller of alcoholic district are established by the Village based on beverages, to the main front entrance the need for special protective measures at those of the applicant's proposed place of locations. The historic site overlay district im- business along the route of ordinary poses different standards than those that would pedestrian traffic. otherwise apply. (3) The restrictions of section 45-36N.(1) B. Definitions. [For purposes of this section, shall not apply to the sale of beer, ale the following words shall have the meaning as- orwine at retail, not to be consumed on cribed to them in this subsection:] the premises. Building. A structure created to shelter any (4) The restrictions of section 45-36N.(1) shall form of human activity. This may refer to a house, not apply to any bona fide restaurant as barn, garage, church, hotel, or similar structure. defined and licensed under Florida Stat- Buildings may refer to a historically or architec- utes as a restaurant with full kitchen facil- turally related complex, such as municipal build- ities, regardless of size or seating capacity, ings, or a house and barn. Parking lots and where alcoholic beverages are served solely garages are hereby deemed to be "buildings." as an accessory use to the restaurant and only when such restaurant is open for the Cultural resource. A site, object, structure, build- sale and service of food; provided, however, ing or district listed in the Village's register of that the provisions of this subparagraph (4) historic sites. shall not permit a license to be issued to a Demolition. The tearing down or razing of twenty- . restaurant that sells alcoholic beverages five (25) percent or more of a structure's external within one thousand (1,000) feet of a church, walls. public or private school, hospital, public park or public playground. District. A geographically definable area pos- sessing asignificant concentration, linkage, or (5) Nothing in section 45-36N.(1) shall pro- continuity of .sites, buildings, structures, objects, hibit the conduct of licensed retail sales of or areas, which are united historically or aesthet- alcoholic beverages within one thousand ically by plan or physical development. A district (1,000) feet of the North Palm Beach Coun- may be comprised of individual resources which try Club. are separated :geographically but are linked by O. Xeriscape landscaping practices. Properties association or history. within all zoning districts are encouraged to uti- Object. A material thing of functional, aes- lize xeriscape landscaping practices to simulta- thetic, cultural, historical or scientific value that neously enhance the appearance of the property may be, by nature of design, movable, yet related while requiring less water and energy. Xeriscape to a specific setting or environment. practices in the village shall be based on the latest published South Florida Water Management Dis- Ordinary maintenance. Work which does not trict xeriscape manual. require a construction permit and that is done to (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No. repair damage or to prevent deterioration or 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. 11-75, § 1, decay of a building or structure or part thereof as 9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, nearly as practicable to its condition prior to the § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. damage, deterioration, or decay. 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91; Original appearance. That appearance (except Ord. No. 20-95, § 1, 7-27-95) for color) which, to the satisfaction of the village council, closely resembles the appearances of ei- Sec. 45-37. Historic site overlay district. ther: A. Purpose. The historic site overlay district is (1) The feature on the building as it was orig- used to impose special development restrictions finally built or was likely to have been built, on identified areas. The locations of this overlay or Supp. No. 10 2510.5 § 45-37 NORTH PALM BEACH. CODE (2) The feature on the building as it presently be provided to the public at large, and to exists so long as the present appearance is the owner(s) of the nominated property(ies), appropriate, in the opinion of the village at least fi#'teen (15) days in advance of the council, to the style and materials of the meeting at which the nomination will be building. considered by the council. C. Creation of .local register of historic sites. A 4. The planning commission shall, within thirty local register of historic sites is hereby created as (30) days from the date of the meeting at a means of identifying and classifying various which the nomination is first on the plan- sites, buildings, structures, objects. and districts ning commission agenda, review the nom- as historic and/or architecturally significant. The nnation and write a recommendation thereon local register will be kept by the director of public for consideration by the village council. The services. recommendation shall include specific find- ings and conclusions as to why the nomi- D. Initiation of placement on local register. Place- nation does or does not meet the appropri- ment of sites, buildings, structures, objects or ate criteria for listing on the local register. districts on the local register may be initiated by The recommendation shall also include any the village council. In addition, placement maybe owner's objection to the listing. If the nom- initiated by the owner of the site, building, strut- ination is of a district, the recommendation tore, object or area; or, in the case of a district, by shall also clearly specify, the owner of a site, building, structure, object or area within the proposed. district. By adoption of this ordinance, those sites within the Village of North Palm Beach that have been classified as a "Florida historic site" by the Division of Archives, History and Records Management, Florida De- partment of State, are hereby placed on the local register.. E. Placerrcent on local register. The following procedure shall be followed for placement of sites, ~ buildings, structures, objects, areas and districts ou the local register: 1. A nomination form, available from the de- partment of public services, shall be com- pleted by the applicant and returned to the- department. 2. Upon receipt of a completed nomination form, including necessary documentation, the director shall place the nomination on the agenda of the next regularly scheduled meeting of the village planning commis- - sign. If the next regularly scheduled meet- ing of the planning commission is too close at hand to allow for the required notice to be given, the nomination shall be placed on the agenda of the succeeding regularly sched- uled meeting. 3. Adequate notice of the planning commis- sion's consideration of the nomination shall Sapp. No. 10 2510.6 STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section Section Section this Code Section this Code 1.01 27-31 205.043(2), 1.01 et seq. 1-2 205.043(3) 17-24, 17-25 ch. 22F App. B, Art. II, § 205.053 17-20 36-10 205.192 17-22 ch. 39 App. C, § 45-2 210.03 17-33 ch. 98 Ch. 10 ch. 252 Ch.8 ch. 101 10-7 253.125 7-19 161.55(1)(d) 6-156 316.008 Ch. 18 161.041 6-153 316.1955,316.1956 18-37 161.053 6-154 320.01(1) 14-37 162.12(2) 2-180 ch. 327 Ch.5 ch. 163 12.5-1 335.065 App. B, Art. IV, § 21-1 36-29.1 21-11 337.401(3) 28-3 21-43, 21-44 342.03 Ch. 5 App. B, Art. I, § ch. 373 19-200 36-2, App. B, Art. I, § ch. 380 21-44 36-4 App. B, Art. II, § App. B, Art. II, § 36-10 36-16 380.04 21-103 App. B, Art. VI 393 App. C, § 45-2 163.161 et seq. 21-01 ch. 394 App. C, § 45-2 ch. 163.170, App. B, Art. II; § ch. 400 App. C, § 45-2 §163.3164(17) 36-10 ch. 402 App. C, § 45-2 163.225(3)(a)--(c) 5-86 App. C, § 45-34.1 163.295 6-150 402.302(4), 163.3161 et seq. Ch. 21, Art. II 402.302(5) 17-33 163.3177 21-44 ch. 403 19-117 163.3178 6-155 ch. 419 17-33 21-44 App. C, § 45-2 ch. 166 6-16 ch. 472 App. B, Art. I, § 36-6 Ch. 24 ch. 480 App. C, § 45-2 Ord. No. 2478 § 3 553.73 6-154 166.021 Ch. 17, Art. II 11-11 166.221 17-34 553.73(2) 6-2 166.231 Ch. 26, Art. III 561.01 3-1 ch. 170 21-2 561.01 et seq. Ch. 3 170.01 Ch. 24 563.01 3-1 ch. 175 2-167 564.01 3-1 175.101 26-17 565.01 3-1 ch. 177 App. B, Art. I, § 36-2 633.35 2-159 App. B, Art. II, § ch. 650 Ch. 2, Art. V, Div. 2 36-8 2-136 App. B, Art. II, § 650.02 2-136 36-15 ch. 760 App. C, § 45-2 App. B, Art. IV, § ch. 847 App. C, § 45-20 36-27 870.041-870.048 8-16 ch. 185 2-167 872.05 2-104 185.08 26-16 943.14 2-159 203.012 26-51 943.25(13) 1-9 203.012(5)(b) 26-51 ch. 205 Ch. 17, Art. II [The next page is 2869] Supp. No. 10 2819 .,,\ C 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- n~nce, p. ix 24-91 7-11-91 1 App. C, § 45- 35.2(B)(8) 33-91 10-24-91 1 9-21(c), (d) 34-91 11-14-91 1 14-30(b) 1-92 2-13-92 1-6 2-159-2-164 7 Rpld 2-165 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-i1-93 1 Rpld 10-58(b) 11-93 4-22-93 1 19-207-19-219 13-93 5-13-93 1, 2 9-21, 9-22 14-93 6-10-93 1 19-208 18-93 7-Z2-93 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 Supp. No. 10 2883 NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code 19-94 10-13-94 1 14-30(2) 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 B-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 8-22-95 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 8-24-85 1 'App. C, § 45-1Z(3)(a) [The next page is 2933] Supp. No. 10 2884 CODE INDEX Section Section A ALARMS~ont'd. . Definitions 19-207 ABANDONMENT Exemptions 19-218 Abandoned, inoperative and junked prop- False alarms erty 14-37 et seq. Excessive false alarms declazed public See: GARBAGE AND TRASH nuisance 19-212 Boats Service chazge; collection 19-213 Boat launching azea; abandoned boats Fire division equipment; fire alarm system 12-53 and equipment 5-36, 5-37 Fire sprinkler systems; automatic Generally 5-8 C-3 Regional Business District 45-34.1(9) Dogs, other animals 4-10 Identification required 19-215 ACTS BY AGENTS System standazds 19-219 Definitions and rules of construction 1-2 Telephone trunk lines Interference with public .safety depazt- ADMINISTRATIVE CODE ment telephone trunk lines prohib- Bonds required of certain officers.:........ 2-42 ited 19-215 Definition 2-39 Violation and penalty.................... 19-214 Departmental organization 2-40 Zoning; fire sprinkler systems; automatic Oaths of office C-3 Regional Business District 45-34.1(9) Chief administrator and officers, form of ALCOHOLIC BEVERAGES oath 2-41(b) Members of department of public safety, Consumption on playgrounds and public form of oath 2-41(c) parks............................... 3-3 Persons required to take oath of office 2-41(a) Sales restricted; hours of sale 3-2 Policy and procedures State law definitions adopted 3-1 Department heads 2-43(b) AMBULANCES Departments 2-43(c) Definition..................... 17-50 Officers 2-43(a) Unlawful operation...................... 17-51 ADULT ENTERTAINMENT ESTABLISH- AMUSEMENTSANDAMUSEMENTPLACES MENTS Coin-operated amusements; proximity to Zoning regulations re. See: ZONING (Ap- schools restricted 19-4 pendix C) AND, OR ADVERTISING Definitions and rules of construction 1-2 Handbills; distribution restricted 19-7 Noise control policy re loudspeakers and ANIMALS AND FOWL devices for advertisin 19-105 Abandoning 4-10 g Birds Signs and outdoor displays.. 6-111 et seq. See: SIGNS AND BILLBOARDS Molesting songbirds 4-9 Village designated bird sanctuary; hunt- AFFIDAVITS ing prohibited 4-2 Home occupations; occupational licenses Cats. See herein: Dogs and Cats Affidavit of applicant required.......... 17-2(e) Code enforcement board, applicability re 2-173 Contagious diseases, animals with........ 4-11 AFFIRMATION. See: OATH, AFFIRMATION, Cruelty to animals 4-7 SWEAR OR SWORN Definitions 4-1 AGREEMENTS. See: CONTRACTS AND Dogs and cats AGREEMENTS Collar and tag Required 4-25 ALARMS Unauthorized removal 4-26 Alarm business central office required 19-215 Impoundment Alazm permit required 19-208 Disposition upon owner's failure to re- Application for........ 19-209 deem 4-30(d) Issuance 19-211 Notice 4-30(b) Terms; fees; nontransferable 19-210 Redemption by owner......... , . 4-30(c) Audible alarms 19-216 Required............................ 4-30(a) Code enforcement board, enforcement Inoculation 4-24 through 19-217 Prohibited in certain azeas;exceptions.. 4-27 Supp. No. 10 2935 NORTH PALM BEACH CODE _ - _ Section Section ANIMALS AND FOWL-Contd. APPEARANCE PLAN (Appendix A)-Contd. Rabies wntrol. See herein that subject Statement of policy II Registration 4-24 ARCHAEOLOGICAL SITE PROTECTION Running at large Appeals 21-107 Cats 4-28(c) A licabilit 21-102 Dogs on property of others 4-28(b) pp y " " " " " " " " " " Dogs on streets and sidewalks........ 4-28(a) Archaeological review, development subject Vicious, biting and attacking dogs 4-29 to 21-104 Waste removal Certificate to dig 21-105 Persons walking dogs responsible for Cost 21-106 Definitions 21-103 removal of waste 4-31 Waste-removal implements, persons Hearing 21-108 walkin do to c Intent 21-101 g g airy.............. 4-32 Enforcement Purpose 21-101 Violations and penalties . 21-108 General enforcement 4-5 Hindering enforcement 4-4 ASSEMBLIES Fight,. causing animals to 4-8 .Civil disorders and disturbances; mayor Keeping certain animals prohibited; excep- designated local authority for preserva- tion 4-6 tion of public peace.................. 8-16 Killing 4-3 Meetings of boazds and commissions; ad- Molesting songbirds or domestic pets 4-9 journment of 2-3 Noise control policy re animal noises...... 19-107 Meetings of specific boazds, etc. See spe- Nuisances, animals creating............... 4-12 cific subjects Poisoning. 4-3 Park and recreation area; meetings and Rabies control atherin s . Death or destruction, re ortin g g • • • • • • • • • • • • • • • • • • 20-22 et seq. p g......... 4-46 See: PARKS, PLAYGROUNDSAND REC- Muzzles; when required.. 4-45 REATION Rabid animals ~ Confinement 4-43 ATLANTIC -OCEAN Duty to report; impounding .-......... 4-44 Bulkheads and seawalls; regulations gov- Nuisance, declazed 4-42 erring construction.................. 5-84 ANNEXATION B Planning and development; filing fees and cost for voluntary annexation of land . 21-2 BATHING Diseased persons prohibited from bathing APPEARANCE PLAN (Appendix A) in public pools, etc 19-3 (Note-Section citations contained herein refer to section citations found within BICYCLES Appendix A) Park regulations 20=6 Administration . V Subdivisions, required improvements re Areas ofjurisdietion III bikeways 36-29.1 Basis I BILLBOARDS. See: SIGNS AND BILL- Criteria for appearance BOARDS Building and site to adjoining area, rela- tionship of IV(B) BIRDS. See: ANIMALS AND FOWL Building design IV(D) Buildings to site, relationship of........ IV(A) BLOCKS Evaluation, factors for IV(H) Subdivision design standards............. 36-18 Landscape and site treatment.......... IV(C) BOARDS, COMMITTEES AND COMMIS- Maintenance-planning and design fac- SIGNS. See: DEPARTMENTS AND tors IV(G) nmuFg P.GENCIES OF ~nLL<°>GE ' Miscellaneous structures and street hard- v y ware IV(F) BOATS, DOCKS AND WATERWAYS Signs IV(E) Abandoned boats........................ 5-8 Definitions VIII Authority of city to board boats violating Maintenance for good appearance provisions 5-16 Buildings and appurtenances............ VII(B) Boat launching area Public property VII(C) Abandoned boats and equipment Site VII(A) Disposition.......................... 5-36 Participation and incentives VI Recovery............................ 5-37 Supp. No. 10 2936 CODE INDEX Section BOATS, DOCKS AND WATERWAYS-Contd. Designated; use restricted 5-33 Permits required 5-35 Repairs prohibited 5-34 Bulkhead lines 7-1 et seq. See: BULKHEAD LINES Coastal construction code 6-151 et seq. See: COASTAL CONSTRUCTION CODE Supp. No. 10 2936.1 -~ t~ CODE INDEX Section Section CIVIL DISORDERS AND DISTURBANCES CODE OF ORDINANCES-Contd. Mayor designated local authority for pres- Amendments 1-6 ervation of public peace 8-16 Catchlines.............................. 1-3 CLERK Court cost Department of records, provisions re village Assessment of additional court costs for criminal justice education expendi- clerk and deputy village clerk 2-67 et seq. See: DOCUMENTS AND PUBLIC tures 1-9 RECORDS Definitions and rules of construction...... 1-2 Designated and cited 1-1 CLUBS References to chapters or sections 1-3 Country club 9-1 et seq. Repeal of ordinances, effect of 1-4 See: COUNTRY CLUB Severability of parts 1-5 COASTAL CONSTRUCTION CODE Village clerk, duties re recording ordi- nances 2-67(3) Coastal construction requirements Violations and penalty 1-8 Location of construction 6-155(4) Major structures, structural requirements COIN-OPERATED AMUSEMENTS for 6-155(1) Proximity to schools restricted 19-4 Minor structures, structural requirements for 6-155(3) COMMITTEES, COMMISSIONS. See: DE- Nonhabitable major structures, strut- PARTMENTS AND OTHER AGENCIES tural requirements for 6-155(2) OF VILLAGE Public access 6-155(5) COMMUNICATIONS Definitions 6-154 Telecommunications service tax 26-51 et seq. Flood damage prevention 12.5-1 et seq. See: FLOOD DAMAGE PREVENTION See: TAXATION Purpose 6-152 COMPUTATION OF TIME References 6-156 Definitions and rules of construction 1-2 Scope Applicability 6-153(a) CONCURRENCY MANAGEMENT Exceptions 6-153(b) Provisions enumerated................... 21-41 et seq. Permits, application for _ 6-153(c) See: PLANNING AND DEVELOPMENT Title . 6-151 CONTRACTS AND AGREEMENTS CODE ENFORCEMENT BOARD Finance director, duties re contracts 2-59(3), (7) Alarm regulations, enforcement re........ 19-217 Appeals 2-179 COUNCIL. See: VILLAGE COUNCIL Applicability 2-173 COUNTRY CLUB Declaration of legislative intent 2-171 Administrative board Definitions 2-172 Compensation......................... 9-19 Enforcement procedure 2-175 Composition 9-17(a) Fines; liens Created 9-16 Copies of orders imposing fines 2-178(d) Duties Determination of amount of fine 2-178(b) Finances . 9-21(c) Generally 2-178(a) Management and administration 9-21(a) Reduction of fine 2-178(c) Rules and regulations 9-21(b) Hearing, conduct of 2-176 Meetings 9-20 Notices 2-180 Officers'quorum....................... 9-19 Organization Attorne 2-174(c) Removal 9-18 y Terms................................ 9-17(b) Officers; quorum; compensation......... 2-174(b) Vacancies 9-17(c) Qualifications and term 2-174(a) Village manager.................... , 9-22 Powers 2-177 Finances CODE OF ORDINANCES* Delinquent accounts; penalties 9-32 Altering Code 1-7 Premises . Disfiguration and/or removal of building *Note-The adoption, amendment, repeal, omissions, effec- or other property 9-1(1) tive date, explanation of numbering system and other matters Enforcement 9-2 pertaining to the use, construction and interpretation of this Hours 9-1(2) Code are contained in the adopting ordinance and preface Signs 9-2 which are to be found in the preliminary pages of this volume. Violations and penalties 9-2 Supp. No. 10 2939 NORTH PALM BEACH CODE S i ect on Seetion COUNTY DEVELOPMENTS. See: PLANNINGAND DE- Definitions and rules of construction 1-2 VELOPIVIENT • DISABLED AND HANDICAPPED PERSONS COURTS Buildings Court cost Accessibility to handicapped persons; state Assessment of additional court costs for law adopted 6-2 criminal justice education expendi- Parking violations re handicap spaces . _ 18-37 tures 1-9 DISTRICTS Fire districts 6.3 Zoning regulations 45-16 et seq. See: ZONING (Appendix C) D DISTUl;BANCES. See: CIVIL DISORDERS AND bISTURBAIVCES DEPARTMENTS AND OTHER AGENCIES DOCKS. See: BOATS, DOCKS AND WATER- OF VILLAGE WAYS Administrative code 2-39 et seq. See: AD1ViINISTRATIVE CODE DOCUMENTS AND PUBLIC RECORDS Appearance board. See: APPEARANCE Department of records PLAN (Appendix A) Deputy village clerk 'Code enforcement board 2-171 et seq. Appointment.................:...... 2-68 Committees and boards generally; resi- Duties 2=69 dency requirements 2-1 Village clerk; duties Country club administrative board........ 9-16 et seq. Electio"n recor"ds, keeping 2-67(5) See: COUNTRY CLUB Expiration of term, notice of.......... 2-67(7) Finance,. department of 2-59 Official seal, keeping................. 2-67(8) See: FINANCES Record ordinances 2=67(3) % Fire and police retirement board of trustees 2-164 et seq. Village council i\ See: PENSIONS AND RETIREMENT Keep records of council _ 2-67(2) Fire division 12-29 et seq. Public council action............... 2-6`7(4) See: FIRE PREVEIVTIONAND PROTEC- Serve as clerk of council 2-67(1) TION Vital statistics, 'keeping 2=67(6) General employees retirement board...... 2-151 et seq. Police division, duties re records.......... 2-76(b)(1) See: PENSIONS AND RETIREMENT Treasurer's duties reexamination of depart- Libraryboard 16-16 et seq. mental books........................ 2-51(2) Library, department of 2-93 Village clerk and deputy village clerk. See lYieetings of boards and commissions; ad- herein: Department of Records journment of 2-3 DOGS Meetings of specific boards, etc. See spe- ~ latons enumerated . cific subjects • • • • • • • • 4-24 et seq. Planning and development board of adjust- See: ANIMALS AND FOWL went 21-21 DRAINAGE Planning commission 21-11, 21-i2 Stormwater management 21-61 et seq. Public safety, department of 2-75,.2-76 See: STORMWATER MANAGEMENT See: PUBLIC SAFETY DEPARTMENT Subdivision design standazds re easements Public services, department of............ 2-84, 2-85 and ri bts-of-wa 36-22(b) See: PUBLIC SERVICES DEPARTMENT g Y~ ~ ~ ~ • • • • • • Zoning; surface water management Records, department of 2-67 et seq. C-3 Regional Business District 45-34.1(8) See: DOCUMENT AND PUBLIC 'RECORDS DROUGHT Recreation department 2-110 Water shortage emergencies.............. 19-200 et seq. Recreation advisory board 20-6i et seq. See: WATER SHORTAGE EMERGEN- See: PARKS, PLAYGROUNDS AND CIES RECREATION Reserve .police force 23-42 et seq. _E _ See: POLICE Treasury department of 2-51 ELECTIONS See: TREASURY DEPARTMENT Ballots Village council 2-16 et seq. Direction `for preparation................ 30-8 Supp. No. 10 2940 CODE INDEX Section - - ELECTIONS-Contd. Public measure 10-10 Specifications; general and runoff elec- tions 10-9 Candidacy Candidates for off ce; qualifying 10-5 Preservation of notice of candidacy 10-6 Clerks. See herein: Inspectors and Clerk General elections, notice of 10-3 Supp. No. 10 2940.1 1 l CODE INDEX Section Section GARAGE AND OTHER SALES HANDGUNS. See: FIREARMS AND WEAP- Garage sales 17-61 ONS Permit required 17-62 Violations and penalties 17-63 HANDICAPPED PERSONS. See: DISABLED AND .HANDICAPPED PERSONS GARBAGE AND TRASH Abandoned, inoperative and junked prop- HAZARDOUS SUBSTANCES arty Recovery of costs for cleanup, abatement Definitions 14-37 and removal 12-101 et seq. Disposition of property 14-48 See: FIRE PREVENTIONAND PROTEC- Hearing TION Procedure for hearing 14-45 Request for hearing 14-44 HEALTH AND SANITATION Impounded property, redemption of 14-51 Animals and fowl, provisions re 4-11 et seq. Liability of owner or occupant 14-52 'See: ANIMALS AND FOWL Notices Bathing regulations Content of notice 14-42 Diseased persons prohibited from bath- Contents of public sale notice 14-49 Notice of removal 14-47 ing in public pool, etc.............. 19-3 Notice to remove 14-40 Boats, docks, etc., provisions re........... 5-10 et seq. See: BOATS, DOCKS AND WATERWAYS Procedure............ 14-41 Code enforcement board, applicability re.. 2-173 Prima facie evidence of violation......... 14-39 Garbage and trash 14-23 et seq. Prohibited conditions; enumerated excep- See: GARBAGE AND TRASH tions 14-38 Public sale 14-50 Pazk and recreation facilities; failure to Removal of property from premises 14-46 cooperate in keeping restrooms neat or Responsibility for removal 14-43 sanitary ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 20-2 Boats; refuse disposal.......... Rabies control 4-42 et seq. 5-12 See: ANIMALS AND FOWL Garbage collection and disposal Weeds and brush 14-79 et seq. Charges See: WEEDS AND BRUSH Commercial use property waste dis- posal fees and collection proce- dures........-. HEDGES. See: FENCES, WALLS, HEDGES . 14-30 Fee for excess amounts from commer- AND ENCLOSURES cial establishments 14-28 Generally 14-27 HITCHHIKING When and where paid. 14-29 Prohibitions... 19-6 Definition 14-23 Frequency of collection 14-26 HOME OCCUPATIONS Garbage cans Definitions 17-2(b) Kept covered 14-25 Effective date........................... 17-2(i) Required 14 24 Occupational licenses. See also that subject Landscaping; refuse container areas 27-41 Generally 17-16 et seq. Public services department Home occupation provisions Refuse disposal division 2-85(5) Affidavit of applicant required........ 17-2(e) Weeds and brush 14-79 et seq. Appeals............................. 17-2(g) See: WEEDS AND BRUSH Requirement of occupational license 17-2(c) Permitted uses, home occupations as 17-2(a) GATHERINGS. See: ASSEMBLIES Repeal of ordinances 17-2(h) Standards 17-2(d) GENDER Violation of standards or conditions deemed Definitions and rules of construction...... 1-2 a Code violation 17-2(fl GUNS. See: FIREARMS AND WEAPONS HORNS Noise control 19-103 H HOUSING CODE Adopted by reference 15-1 HANDBILLS Amendments 15-2 Distribution restricted 19-7 Code enforcement board, applicability re 2-173 Supp. No. l0 2943 NORTH PALM BEACH CODE Section Section I LANDSCAPING-Contd. Installation 27-60 IMPERSONATION Maintenance , 27-61 Impersonating police officer; fireman or other Parking area interior landscaping 27-65 village official 19-8 . Perimeter landscaping relating to abut- IMPOUNDMENT ting properties 27-64 Abandoned, inoperative and junked prop- Plant material erty Ground covers 27-62(e) Redemption of impounded property 14-51 Lawn grass 27-62(fl Dogs and cats......... 4-30 Quality 27-62(a) Shrubs and hedges 27-62(c) INDECENCY AND OBSCENITY Tree species 27-62(b) Adult entertainment establishments Vines 27-62(d) Zoning regulations re. See: ZONING (Ap- Required landscaping adjacent to public pendix C) rights-of-way.....' 27-63 Topless costumes 19-64 Scope, applicability.................... 27-59 Vulgar language 19-65 Sight distance adjacent to public rights- Window peeping 19-66 of-way and points of access......... 27-66 INSURANCE EXCISE TAXES Certificate of completion 27-35 Casualty insurance premiums 26-16 Code enforcemen£ boazd, applicability re 2-173 Property insurance premiums., 26.17 Completed landscaping required for certif- icate of use and occupancy 27-37 INTRACOASTAL WATERWAY Definitions 27-31 Marine sanctuary, designation as 5-101 Improved nonresidential properties. in ex- istence on September 23, 1971 J Applicable requirements 27-40(b) Exceptiona 27-40(c) JOINT AUTHORITY Objectives 27-40(a} Definitions and rules of construction 1-2 Planning commission, submission of plans JUNK Objectives 27-32 Abandoned, inoperative and junked prop- Off-street parking landscape manual...... 27-38 erty 14-37 et seq. plot use plan approval grerequisite to issu- See: GARBAGE AND TRASH ante of permits for building and paving 27-37 Refuse container areas 27-41 K Scope; applicability 27-34 KNIVES. See: FIREARMS AND WEAPONS Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH Zoning ordinance, conflict with 27-39 L LAKE WORTH LIBRARY Damaging property unlawful 16-1 Bulkheads and seawalls; regulations gov- Depaztment of library erring construction 5-84 Librarian.......... 2-93 Marine sanctuary, designation. as 5-101 Library board LAND. APpointment 16-17 Buildings; construction on public land pro- Compensation, service without 16-20 hibited 6-1 Composition 16-17 Planning and development 21-01 et seq. Established 16-16 See: PLANNING AND DEVELOPMENT Meetings 16-23 Subdivision regulations 36-1 et seq. Organization.......................... 16-21 See: SUl;DIVI~IOPdS fF,ppenuix D) rfiv~'eP~ auu uu61~~_ lb-LL Qualifications 16-19 LANDSCAPING Removal from office..................... 16.24 Aceessways 27-36 Term of office 16-17 Appearance plan (Appendix A). See that Vacancies 16-18. subject Application of provisions; enforcement 27-33 LICENSES AND PERMITS Certain yard.. areas, off-street parking and: Alarm permit 19-208 et seq. other vehicular use areas See: ALARMS Existing plant material 27-67 Boat launching. area permits 5-34 Supp. No. 10 X944 CODE INDEX Section LICENSES AND PERMITS-Contd. Bulkhead lines; filling permit 7-16 et seq. See: BULKHEAD LINES Bulkheads and seawalls 5-72 Supp. No. 10 2944.1 l CODE INDEX Section Section OFFICERS AND EMPLOYEES-Contd. PARKS, PLAYGROUNDS AND RECREATION Inspectors and clerk 10-58 et seq. -Contd. Finance director 2-59 Operation prohibited in certain areas... 20-6(1) Impersonating village official 19-8 Buildings or structure, erecting........... 20-3 Librarian 2-93 Department of recreation Mayor 2-18, 8-16 Director's duties Pensions and retirement. See also that sub- Conduct community activity.......... 2-110(2) ject Supervise recreation azeas , . 2-110(1) Length of service award plan for volun- Ejectment of violators 20-8 teer firefighters 2-170 et seq. Enforcement of provisions, responsibility.. 20-7 Pension and certain other benefits for fire Hours regulated 20-1 and police employees 2-159 et seq. Meetings and gatherings Pension and certain other benefits for Liability for loss or injury 20-23 general employees 2-146 et seq. Permit Social security 2-136 et seq. Appeal from refusal to issue.......... 20-35 Public safety director 2-75 Application 20-33 Public services director 2-84 Form 20-32 Recreation director 2-110 Issuance standards.................. 20-34 Social security 2-136 et seq. Required............................ 20-31 See: SOCL9L$ECURITY Revocation 20-36 Treasurer 2-51 Rules and regulations, permittee bound Village clerk and deputy village clerk 2-67 et seq. - by 20-22 See: DOCUMENTS AND PUBLIC Property used to violate provisions, confis- RECORDS cation of . 20-9 Village manager 2-115 et seq. Public services department See: VILLAGE MANAGER Division of parks 2-85(2) Recreation advisory boazd OFFICIAL TIME Created 20-61 Definitions and rules of construction 1-2 Duties 20-66 OPEN SPACES. See: YARDS AND OPEN Meetings _ 20-65 SPACES Officers' quorum, compensation......... 20-64 Removal 20-63 OR, AND Terms....._ 20-62(b) Definitions and rules of construction 1-2 Vacancies 20-62(c) ORDINANCES. See: CODE OF ORDI- •Restrooms, failure to cooperate in keeping neat or sanitary 20-2 NANCES Tragic OWNER Enforcement of traffic regulations 20-5(2) Definitions and rules of construction...... 1-2 Operation confined to roads 20-5(5) Parking azeas designated 20-5(6) P Signs 20-5(3) Speed of vehicles 20-5(4) PALM BEACH COUNTY. See: COUNTY State motor vehicle laws 20-5(1) Trees PARKING Climbing trees, etc 20-4 Landscaping, provisions re off-street park- Use by public only 20-1 ing 27-38, 27-59 et seq. PENALTIES. See: FINES, FORFEITURES See: LANDSCAPING AND OTHER PENALTIES Parks; designated parking areas.......... 20-5(6) pENSIONS AND RETIREMENT Stopping, standing and parking 18-34 et seq. See: MOTOR VEHICLES AND TRAFFIC Length of service award plan for volunteer Zoning, provisions re off-street parking 45-27 et seq. firefighters See: ZONING (Appendix C) Benefit formula 2-170.6 Contact person 2-170.10 ' PARKS, PLAYGROUNDSAND RECREATION Effective date 2-170.3 Alcoholic beverages - Eligibility 2-170.4 Consumption on playgrounds and public ~ Entitlement age 2-170.5 parks 3-3 Plan, name of......................... 2-170.2 Bicycles Point system 2-170.11 Operation in safe manner, etc........... 20-6(2) Preretirement death benefit............ 2-170.7 Supp. No. 10 2947 NORTH PALM BEACH CODE ~ Section Section PENSIONS AND RETIREMENT-Contd. PENSIONS AND RETIRE_ MENT-Contd. Purpose 2-170 Discharged members 2-156(a) Sponsor, name of 2-170,1 Incompetents 2-156(d) Trustee and contact person 2-170.10 Membership. Vesting provisions, schedule of 2-170.8 Application for membership 2-147(b) Village contributions 2-170.9 Change in designation of beneficiary.. 2-147(c) Pension and certain other benefits for fire Conditions of eligibility 2-147(a) and police employees Nonassignability 2-156(b) Benefit amounts Normal. and optional forms of benefits 2-149 Cost of living........... g Pension validi 2-1610 ty 2-156(c} Disability retirement 2-161(e) Repeal. or termination of system 2-155 Early retirement 2-161(b) Retirement board- Formula 2-161(c) Additional rules and regulations autho- Limitation on 2-161(h) rized 2-152 Normal retirement benefit 2-161(a) Established 2-151 Preretirement death 2-161(d) Investing funds; custodian of securities 2-153 Termination benefits and vesting 2-161(fl Oaths of office; meetings; quorum...... 2-154 Board of trustees Social security 2-136 et seq. Bring and defend lawsuits See: SOCIAL SECURITY Powers 2-164(e) Volunteer firefighters, length of service award 2-164(a) Plan for. See herein: Length of Service Composition . Award Plan. for Volunteer Firefighters Forfeiture of membership on board for absenteeism 2-164(b) PERMITS. See: LICENSES AND PERMITS Meetings 2-164(d) Power and. authority 2-166 PERSON Reports and records 2-164(c) Definitions and rules of construction...... 1-2 Contributions PIERS Employer 2-163(c) Docks and piers, construction requirements Forfeitures ~ 2-163(d) 5-81 et seq. re Member 2-163(x) See: BOATS, DOCISS AND WATERWAYS State 2-163(b) Definitions 2-159 PLANNING AND DEVELOPMENT Direct transfers of eligible rollover distri- Appearance plan (Appendix A). See that bution 2-170 subject Discharged members 2-169(a) Archaeological site. protection regulations . 21-101 et seq. Incompetents 2-169(d) See: ARCHAEOLOGICAL SITE PROTEC- Insurers,tax on 2-167 TION Membership Board of adjustment Application for membership 2-160(b) Composition; conduct generally Buy-back of previous service 2-160(d) Administrative orders, review of...... 21-21(d) Changes in designation of beneficiary. 2-160(c) Created 21-21(a) Conditions of eligibility 2-160(a) Decision of administrative official, ap- Nonassignability 2-169(b) peals to board from.............. 21-21(e) Number and gender 2-169(e) Hearing of appeals , 21-21(g) Optional forms of benefits 2-162 Judicial review of decisions of board 21-21(h) Pension validity 2-169(c) Membership; terms; alternate; compen- Repeal or termination of plan 2-168 sation 21-21(b) Tax on insurers 2-167 Powers and duties................... 21-21(c) Pension and certain other benefits for gen- Stay of work and proceedings on appeal 21-21(fl eral employees Comprehensive plan Benefit amounts and eligibility Adoption . . . . . . . . . . : . 27.07 Direct transfers of eligible rollover dis- Filing fees and costs for changes tribution 2-157 Enactment and authority 21-1(a) Early retirement 2-148(d) Fee; application 21-1(c) Late retirement 2-148(c) Jurisdiction......................... 21-1(b) Preretirement death 2-148(e) Planning commission, advise of.., 21-1(d) •- Retirement benefit 2-148{b) Concurrency management Retirement date 2-148(a) Adequate public facilities available to ser- Termination of employment , 2-148(fl vice development 21-45 Definitions 2-146 Application 21-42 Supp. No. l0 2948 CODE INDEX Section Section PLANNING AND DEVELOPMENT-Contd. POLICE-Contd. Definitions 21-44 Compensation..,...................... 23-50 Intent and purpose Created;purpose 23-42 Comprehensive plan, implementation Director of public safety, appointment to of 21-43(a) serve by 23-45 Management/monitoring and regula- Oath required 23-47 tory program, establishment of 21-43(b) Powers and duties 23-48 1Vlinimum requirements 21-43(c) Reserve list to be maintained 23-44 Management and monitoring program Resignation 23-46 Amendments to CIE and annual bud- Uniforms and insignia . 23-49 get, recommendations on......... 21-46(c) Annual public facilities update report. 21-46(b) POLLUTION Generall 21-46(a) Smoke, dust, odors, liquids, etc........... 19-9 y Regulatory program Stormwater management provisions re pol- Exemptions 21-47(b) lutantloads......................... 21-67 Generall 21-47(a) Waterways, pollution of 5-13 y Wellfield protection Public facility adequacy, review to de- termine 21-47(c) Regulation of business activities with po- Short title 21-41 tential to contaminate land and wa- Filing fees and costs for voluntary annex- ter resources 19-221 ation of land PRECEDING, FOLLOWING Enactment and authority 21-2(a) Definitions and rules of construction...... 1-2 Fees: application 21-2(c) Jurisdiction 21-2(b) PROFANITY Planning commission, advice of......... 21-2(d) Vulgar language prohibited in public places 19-65 Stormwater management 21-61 et seq. See: STORMWATER MANAGEMENT PROPERTY Subdivision regulations 36-1 et seq. Abandoned, inoperative and junked prop- See:SUBDIVISIONS(AppendixB) ert3'•••••••••••••••••••••••••••••••• 14-37 et seq. Zoning regulations . . 45-1 et seq. See: GARBAGE AND TRASH See: ZONING (Appendix C) Appearance plan (Appendix A). See that subject PLANNING COMMISSION Definitions and rules of construction 12 Composition; conduct generally Dogs on property of others 4-28(b) Created 21-11(a) Insurance excise taxes; property insurance Meetings 21-11(c) Premiums..... 26-17 Membership 21-11(b) Noise from property 19-102 Powers and duties 21-11(d) Subdivision regulations 36-1 et seq. Zoning ordinances, changes to............ 21-12 See: SUBDIVISIONS (Appendix B) Weeds and brush 14-79 et seq. PLATS. See: SURVEYS, MAPS AND PLATS See: WEEDS AND BRUSH PLAYGROUNDS. See: PARKS, PLAY- PUBLIC PLACES. See: STREETS, SIDE- GROUNDS AND RECREATION WALE AND PUBLIC PLACES POLICE PUBLIC RECORDS. See: DOCUMENTS AND Court cost PUBLIC RECORDS Assessment of additional court costs for criminal justice education expendi- PUBLIC SAFETY DEPARTMENT tures 1-9 Director's duties Department of public safety, provisions re Designate instructor 2-75(2) police division 2-76(b) Make assignments..................... 2-75(1) See: PUBLIC SAFETY DEPARTMENT Divisions Elections; policemen to be present at poll- Fire ing place 10-77 Fire fighting 2-76(c)(3) Fire division, provisions re police assistance 12-43 Fire prevention 2-76(c)(4) Impersonating police officer 19-8 Maintain equipment................. 2-76(c)(2) Pension and certain other benefits for fire Report losses 2-76(c)(1) and police employees 2-159 et seq. Generally............................. 2-76(a) See: PENSIONS AND RETIREMENT Police Reserve force Crime prevention 2-76(b)(3), (4) Application for membership 23-43 Investigation 2-76(b)(3) Supp. No. 10 2949 NORTH PALM BEACH CODE _ Section Section ~ ^ PUBLIC SAFETY DEPARTMENT-Contd. SEXUALLY-ORIENTED ENTERTAINMENT Patrol 2-76(b)(2) Adult entertainment. establishments Radio 2-76(b)(6) Zoning regulations re. See: ZONING (Ap- Records 2-76(b)(1) pendix C) Traffic 2-76(b)(5) SHALL, MAY PUBLIC SERVICES DEPARTMENT Definitions and rules of construction 1-2 Director's duties 2-84 SHRUBBERY. See: TREES AND SHRUB- Divisions BERY Municipal garage 2-85(4) Parks 2-85(2) SIDEWALKS. See: STREETS, SIDEWALKS Permits and inspections 2-85(1) AND PUBLIC PLACES Refuse disposal 2-85(5) Signal service 2-85(3) SIGNAL DEVICES Street maintenance 2-85(6) Noise control............................ 19-103 SIGNATURE, SUBSCRIPTION g, Definitions and rules of construction 1-2 RABIES CONTROL SIGNS AND BILLBOARDS Provisions enumerated 4-42 et seq. Code enforcement board, applicability re 2-173 See: ANIMALS AND FOWL Country club; provisions re signs 9-2 Outdoor displays. See herein: Signs and RADIOS Outdoor Displays Noise control 19-104 Parking in violation of signs 18-36 Police division, provisions re radio mainte- Parks, regulations re traffic signs......... 20-5(3) nance 2-76(b)(6) Signs and outdoor displays Construction standards 6-117 REASONABLE TIME Design standards 6-117 Definitions and rules of construction 1-2 Exempt signs 6-112 RECORDS. See: DOCUMENTS AND PUB- Location standards 6-117 LIC RECORDS Measurement determinations 6-116 Permitted permanent accessory signs 6-115 RECREATION. See: PARK, PLAYGROUNDS Permitted temporary signs 6-114 AND RECREATION Prohibited signs 6-113 Provisions generally 6-111 REFUSE. See: GARBAGE AND TRASH Zoning C-3 Regional Business District 45-34.1(7) RESTROOMS Parks and recreation facilities; failure to SOCIAL SECURITY cooperate in keeping restrooms neat or Agreement authorized 2-138 sanitary 20-2 APPropriations by village 2-140 Declaration of policy 2-136 RETIREMENT. See: PENSIONS AND RE- Exclusions from coverage 2-137 TIREMENT Records and reports 2-141 Social security act adopted 2-143 S Withholding and reporting agent 2-142 Withholding from wages 2-139 SAND DUNES SPITTING Flood damage prevention provisions 12.5-45 Spitting in public places prohibited 19-5 SANITATION. See: HEALTH AND SANITA- SPRINKLER SYSTEMS TION C-3 Regional Business District Fire sprinkler systems; automatic 45-34.1(9) SCHOOLS Coin-operated amusements; proximity to STATE schools restricted 19-4 Definitions and rules of construction 1-2 SEAWALLS STENCH BOMBS Bulkheads and seawalls, construction re- Excepted uses 19-82(c) quirements re 5-69 et seq. Possession prohibited.................... 19-82(b) See: BOATS, DOCKS AND WATERWAYS Throwing or depositing 19-82(a) Supp. No. l0 2950 CODE INDEX Section STORMWATER MANAGEMENT Adoption 21-61 Applicability 21-61 Design 21-61 Finished floor of structures, level of....... 21-63 Objectives of system design 21-68 Open channels and outfall ditches 21-66 Supp. No. 10 2950..1 l CODE INDEX Section Section ZONING (Appendix C) ~ ZONING (Appendix C)-Contd. (Note~ections contains herein refer to Off-street loading and internal circula- sections contained within Appendix C) tion 45-34.1(3) Adult entertainment establishments Off-street pazking 45-34.1(2) Administrative requirements; supplemen- Permitted uses 45-34.1(1) tal Setbacks 45-34.1(5) Plan review 45-20(8)(b) Signs................................. 45-34.1(7) Rules of construction 45-20(8)(a) Special C-3 Planned Unit Development Definitions 45-20(3) (PUD) provisions.................. 45-34.1(10) Enforcement 45-20(9) Surface water management 45-34.1(8) Findings of fact 45-20(2) C-A Commercial District Legislative intent 45-20(1) Architecture 45-31(J) Measurement of distance 45-20(5) Conditions for permitted uses 45-31(C) Nonconforming uses 45-20(7) Floor area 45-31(I) Prohibited locations 45-20(4) General description.................... 45-31(A) Variance, none 45-20(6) Height................................ 45-31(D) Amendments Off-street parking and loading.......... 45-31(G) Changes and amendments 45-5 Off-street parking lot layout, wnstruc- Fees; waiting periods tion and maintenance . 45-31(H) Application for variances 45-50 Permitted uses 45-31(B) Applications for rezoning, etc......... 45-49 Yazds and open spaces 45-31(F) Architecture CB Commercial District C-A Commercial District................ 45-31(J) Architecture 45-31.1(J) CB Commercial District 45-31.1(J) Conditions for permitted uses 45-31.1(C) Buildings Floor azea 45-31.1(I) District regulations, buildings and uses General description 45-31.1(A) to conform to 45-19 Height................................ 45-31.1(D) Floor area regulations. See herein: Floor Off-street parking and loading.......... 45-31.1(G) Area Off-street pazking lot layout, construc- Height regulations. See herein: Height tion and maintenance 45-31.1(H) Nonconforming uses of land and strut- Permitted uses 45-31.1(B) tures. See herein that subject Site area 45-31.1(E) Site azea regulations. See herein: Site Yazds and open spaces 45-31.1(F) Area Changes and amendments 45-5 C-1 Neighborhood Commercial District Conflict of provisions 45-4 Conditions for permitted uses 45-33(G) C-OS Conservation and Open Space Dis- Floor area 45-33(F) trict Heights 45-33(B) Coastal zone protection 45-35.2(C) Off-street parking 45-33(E) Intent..............,.....,........... 45-35.2(A) Permitted uses 45-33(A) Permitted uses........................ 45-35.2(B) Site area 45-33(C) Definitions.............................. 45-2 Yards and open spaces 45-33(D) Adult entertainment establishments 45-20(3) C-lA Limited Commercial District Rules of construction 45-20(8)(a) Conditions for permitted uses 45-32(G) Historic site overlay district............ 45-37(b) Floor area 45-32(F) Districts Height 45-32(B) Division of village into districts......... 45-16 Permitted uses 45-32(A) Enumerated 45-16 Site area 45-32(C) See also specific districts as indexed Yards and open spaces 45-32(D) General provisions 45-36 C-2 General Commercial District Fire sprinkler systems; automatic Height, site area, yards and open spaces, C-3 Regional Business District 45-34.1(9) off-street parking and floor area 45-34(C) Floor area Performance standazds 45-34(B) C-1 Neighborhood Commercial District.. 45-33(F) Permitted uses 45-34(A) C-lA Limited Commercial District 45-32(F) C-3 Regional Business District C-2 General Commercial District 45-34(C) Fire sprinkler systems; automatic 45-34.1(9) C-A Commercial District 45-31(I) Height 45-34.1(5) CB Commercial District................ 45-31.1(I) Landscaping 45-34.1(4) R-2 Multiple-Family Dwelling District 45-28(E) Lot coverage; maximum 45-34.1(6) R-3 Apartment Dwelling District 45-30(F) Supp. No. 10 2965 NORTH PALM BEACH CODE Section Section ZONING (Appendix C)-Contd. ZONING (Appendix C}-Contd. Height C-2 General Commercial District 45-34(C) C-1 Neighborhood Commercial District.. 45-33(B) C-3 Regional Business District 45-34.1(2) C-lA Limited Commercial District 45-32(B) C-A Commercial District 45-31(G), (H) C-2 General Commercial District 45-34(C) CB Commercial District 45-31.1(G), (H) C-3 Regional Business District 45-34.1(5). R-1 Single-Family Dwelling Districts 45-27(E) C-A Commercial District 45-31(D) R-2 Multiple-Family Dwelling District 45-28(F) CB Commercial District 45-31.1(D) R-3 Apartment Dwelling District 45-30(E) R-1 Single-Family Dwelling Districts 45-27(B) Open spaces. See herein: Yards and Open R-2 Multiple-Family Dwelling District 45-28(B) Spaces R-3 Apartment Dwelling District 45-30(B) Parking Historic site overlay district Off-street loading and internal circula- Definitions 45-37(b) tion. See herein that subject Local register of historic sites Off-street parking regulations. See herein: Creation of 45-37(C) Off-Street Parking Initiation of placement on............ 45-37(D) Performance 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) j C-3 Regional Business District 45-34.1(6) R-2 Multiple-Family Dwelling District 45-28(A) tj\ CB Commerciale District 45-31.1(H) R-3 Apartment Dwelling District 45-30(A) Nonconforming lots of record 45-62 Planned unit development Map C-3 Regional Business District 45-34.1(10) Official zoning map. See herein that 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 enlargen?ent............ 45-6I 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-k'amily 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) e nor regulations 45-19 Floor area 4u-~o(r,) 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 aad internal circulation Yards and open spaces 45-28(D) C-3 Regional Business District 45-34.1(3) R-8 Apartment Dwelling District ` Off-street parking Floor area 45-30(F) C-1 Neighborhood Commercial District.. 45-33(E) Height 45-30(B) t\ C-lA Limited Commercial District , . 45-32(E) Off-street parking 45-30(E) Supp. No. 10 2966 CODE INDEX Section _ . ZONING (Appendix C)-Contd. 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. 10 2967 ~