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Code of Ordinances Supplement 09 SUPPLEMENT NO. 9 May 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. 13-95, enacted March 23, 1995. See the Code Comparative Table for further information. Included in the Charter is: Ordinance No. 03-95, adopted February 9, 1995. See the Charter Comparative Table for further information. Remove old pages Insert new pages %1-XV Xl-XV Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 5-6.1 5-6.1 65 65 81, 82 81, 82 145-156 144.1-156 1053, 1054 1053-1054.2 1627 1627 1629, 1630 1629-1631 2479 2479 2481-2486 2481-2486 2501-2506.1 2501-2506.6 2819 2819 2883 2883, 2884 2935-2954 2935-2954 2965, 2966 2965-2967 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. 1VILJNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1-800-262-CODE t TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 6 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 135 Div. 1. Generally 135 Div. 2. Rules of Procedure 136 Art. III. Administrative Code 136 Div. 1. Generally 136 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. 9 xi , NORTH PALM BEACH CODE j Chapter Page 1 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 157 Art. VI. Code Enforcement Board 158 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 323 Art. III. Construction Requirements 324 Div. 1. Generally 324 Div. 2. Canals 324 Div. 3. Bulkheads and Seawalls 325 Div. 4. Docks and Piers 326 Div. 5. Erosion Control Structures 330 Art. IV Marine Sanctuaries 330 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 398.2 Div. 1. Generally 398.2 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. IV. Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.16 Art. VII. Coastal Construction Code 398.16 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Civil Emergencies 507 Art. I. In General 509 ~ Art. II. Civil Disorders and Disturbances 509 9. Country Club 559 Art. I. In General 561 Art. II. Administrative Board 562 Art. III. Finances 563 10. Elections 615 Art. I. In General 617 5upp. No. 9 x11 TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV. Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. N Recovery of Costs for Cleanup, Abatement and Re- moval of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse . 891 Div. 1. Generally 891 Div. 2. Garbage Collection and Disposal............ 891 Div. 3. Abandoned, Inoperative and Junked Property 892 Art. III. Reserved 895 Art. IV. Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations 1051 Art. I. In General 1053 Art. II. Occupational Licenses 1054 Art. III. Businesses Located Outside Village Limits...... 1060 Art. IV Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 17.5 Reserved 1121 18. Motor Vehicles and Traffic 1171 Art. I. In General 1173 Art. II. Operation of Vehicles Generally 1173 Supp. No. 9 X111 NORTH PALM BEACH CODE Chapter Page Art. III. Stopping, Standing and Parking 1173 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Reserved.... 1228 Art. III. Offenses Against Property 1228 Art. N Offenses Against Public Morals 1228 Art. V. Offenses Against Public Peace 1229 Art. VI. Noise Control 1229 Art. VII. Reserved 1235_ Art. VIII. Weapons 1235 Art. IX. Water Shortage Emergencies 1236 Art. X. Alarms 1237 Art. XI. Wellfield Protection 1241 20. Parks, Playgrounds and Recreation 1289 " Art. I. In General 1291 Art. II. Meetings and Gatherings 1292 Div. 1. Generally 1292 Div. 2. Permit 1292 Art. III. Recreation Advisory Board 1293 21. Planning and Development 1343 Art. I. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. IV. Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection Regulations 1363 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places 1517 Art. I: In General 1519 Art. II. Excavations 1519 Div. 1. Generally 1519 Div. 2. Permit 1520 Art. III. Sidewalks and Driveways : : : 1520 Div: 1. Generally . 1520 Div. 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Art. II. Construction Permits 1576 Art. III. Public and Private Pools 1577 26. Taxation 1627 Art. I. In General 1629 Supp. No. 9 xiv TABLE OF CONTENTS-Contd. Chapter Page 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 Ar- eas 1686 28. Use of Rights-Of--Way for Utilities 1739 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval 2358 Art. III. Design Standards 2365 Art. IV. Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art. I. In General 2481 Art. II. Generally 2484 Art. III. District Regulations 2486 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. 9 xV 1 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. Cupp. No. Page No. Supp. No. Title page 1 147, 148 9 iii 1 149, 150 9 v, vi OC 151, 152 9 vii, viii OC 153, 154 9 ix OC 155, 156 9 x.i, x.ii 1 156.1, 156.2 3 x.iii 1 156.3 3 xi, xii 9 157, 158 1 xiii, xiv 9 159, 160 1 xv 9 161, 162 1 1 OC 211 OC 3, 4 8 213 OC 5, 6 9 263 OC 6.1 9 265, 266 OC 7, 8 OC 267, 268 OC 9, 10 OC 269 OC 11, 12 OC 319 OC 13, 14 OC 321, 322 OC 65 9 323, 324 OC 77 OC 325, 326 OC 79, 80 OC 327, 328 OC 81, 82 9 329, 330 OC 133 1 331 OC 135, 136 OC 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 7 145, 146 9 393, 394 7 Supp. No. 9 [1] NORTH PALM BEACH CODE / Page No. Supp. No. Page No. Supp. No. t 395, 396 7 1055, 1056 8. 397, 398 7 1057, 1058 8 398.1, 398.2 7 1059, 1060 8 398.3, 398.4 7 1061, 1062 8 398.5, 398.6 8 1063, 1064 8 398.7, 398.8 8 1121 OC i~ 398.9, 398.10 8 1171 OC 398.11, 398.12 8 1173, 1174 7 398.13, 398.14 8 1175 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, 1240 6 559 OC 1241 6 561, 562 6 1289 3 563, 564 6 1291, 1292 OC 615 OC 1293, 1294 3 617, 618 OC 1343 4 619, 620 6 1345, 1346 OC 671 2 1347, 1348 OC 673 8 1349, 1350 OC 723 2 1351, 1352 OC 725, 726 5 1353, 1354 OC 727, 728 5 1355, 1356 OC 729 5 1357, 1358 OC 777 OC 1359, 1360 OC 779, 780 OC 1361, 1362 5 781, 782 OC 1363, 1364 5 783, 784 OC 1365, 1366 5 785, 786 OC 1367 5 787, 788 OC 1411 OC 789 OC 1463 OC 839 OC 1465, 1466 OC 889 OC 1517 OC 891, 892 8 1519, 1520 OC 892.1 8 1521, 1522 OC 893, 894 OC 1523 OC 895, 896 OC 1573 OC 945 OC 1575, 1576 OC 947, 948 3 1577 OC 997 OC 1627 9 999, 1000 7 1629, 1630 9 1051 OC 1631 9 1053, 1054 9 1G81 - OC 1054.1, 1054.2 9 1683, 1684 OC i Supp. No. 9 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. IVo. Page No. Supp. Igo. 1685, 1686 OC .2517, 2518 OC 1687, 1688 OC 2619 OC 1689, 1690 OC 2819 9 1739 OC 2869, 2870 OC 1741, 1742 OC 2871 OC 2043 OC 2873 OC 2045, 2046 OC 2875, 2876 OC 2047, 2048 OC 2877, 2878 OC 2049, 2050 OC 2879, 2880 OC 2051, 2052 OC 2881, 2882 OC 2053 OC 2883, 2884 9 2353 OC 2933, 2934 OC 2355, 2356 OC 2935, 2936 9 2357, 2358 OC 2937, 2938 9 2359, 2360 OC 2939, 2940 9 2361, 2362 OC 2941, 2942 9 2363, 2364 OC 2943, 2944 9 2365, 2366 OC 2945, 2946 9 2367, 2368 1 2947, 2948 9 2368.1 1 2949, 2950 9 2369, 2370 OC 2951, 2952 9 2371, 2372 OC 253, 2954 9 2373, 2374 OC 2965, 2966 9 2375, 2376 OC 2967 9 2377, 2378 OC 2379 OC 2479 9 2481, 2482 9 2483, 2484 9 2485, 2486 9 2487, 2488 OC 2489, 2490 OC 2491, 2492 OC 2493, 2494 OC 2495, 2496 OC 2497, 2498 OC 2499, 2500 OC 2501, 2502 9 2503, 2504 9 2505, 2506 9 2506.1, 2506.2 9 2506.3, 2506.4 9 2506.5, 2506.6 9 2507, 2508 1 2509, 2510 1 2510.1 1 2511, 2512 OC 2513, 2514 OC 2515, 2516 OC Supp. No. 9 [3] III CHARTER § 1 shown on the Plat of Bulkhead line in the north along said easterly extension across Lake Worth end of the Waters of Lake Worth, as recorded in to the point of beginning, at the waters edge on Plat Book 26, page 135, Public Records of Palm the west shore of said Lake Worth. Beach County, Florida; thence southerly at right angles to said north Right-of--Way line, a distance And a tract of land in Lots 3 and 4 of a subdivision of 53.00 feet to a point on said centerline of State of Government Lot 8, Section 4, Township 42 Road No. 703 and the northerly prolongation of South, Range 43 East, Palm Beach County, Flor- the bulkhead line as shown on said plat; thence ida, according to the Plat thereof, recorded in Plat southerly and southwesterly, along said northerly Book 18, page 4, Public Records of Palm Beach prolongation and said bulkhead line to its inter- County, Florida, said tract of land being more par- section with the .easterly prolongation of the north titularly described as follows: line of said Government Lot 8; thence continue Begin at the point of intersection of the north easterly along the same course, to a point in the right-of--way line of McLaren Road with the east southerly extension of the line between Govern- right-of--way line ofEllison-Wilson Road, said point merit Lots 3 and 5 of said Section 4, as shown on being the southwest corner of Lot 3; thence run Plat of Seminole Beach recorded in Plat Book 22, N°3-04'-10"-W along the east right-of--way line of page 37, Public Records of Palm Beach County, Ellison-Wilson Road 303.89 feet to the northwest Florida; thence southerly, along said southerly ex- corner of the said Lot 3; thence run 5-89°-54'-29"- tension to a point in the westerly extension of the E, along the north line of Lot 3 a distance of 7.01 north line of Section 10 of said Township and feet thence run North 03°-04'-10" west a distance Range; thence easterly, along said westerly exten- of 303.93 feet, thence run North 89°-49'-50" West Sion of the north line of said Section 10 and along a distance of 7.01 feet, thence run North 03°-04'- the north line of said Section 10; to the waters of 10" West a distance of 125 feet ,thence run South Lake Worth; thence southerly, along the waters of g9°-49'-50" East a distance of 620 feet, thence run Lake Worth, to the south line of the Marshall Mor- North 03°-04'-10" West a distance of 125.20 feet, ton Estates, according to the Replat thereof re- thence run South 89°-49'-50" east a distance of corded in Plat Book 24, page 1, Public Records of 125.06 feet, thence run South 0°-12'-26" West a Palm Beach County, Florida; thence easterly, along distance of 74.91 feet, thence run South 23°-48'- the south line of said Marshall Morton Estates, to 04"East 248.69 feet, thence run South 89°-54'-29" the east boundary of said Marshall Morton Es- East a distance of 14.89 feet; thence run south tates at the waters of a lagoon; thence northerly, 190.18 feet; thence run easterly parallel with the along the easterly boundary of said Marshall Mor- north line of Lot 4 a distance of 50 feet, thence ton Estates and along the waters of said lagoon, to southerly parallel to the west line of Lot 4 a dis- the north line of said Section 10; thence easterly, tance of 112.41 feet to a point in the north right- along the north line of said Section 10, to the wa- of-way line of McLaren Road; thence run west ters of the Atlantic Ocean; thence southerly, along along the north right-of--way line of McLaren Road, the waters of the Atlantic Ocean, to a point in a 727.33 feet to the point of beginning. line parallel to, and 8,000 feet southerly from, mea- sured at right angles to, the north line of said And a tract of land described as follows: A parcel Section 10; thence westerly, along said parallel of land lying in Section 5, Township 42 South, line, to a point in the westerly boundary of the Range 43 East, Palm Beach County, Florida, and submerged land area conveyed by the Trustees of being more particularly described as follows: the Internal Improvement Fund of the State of Florida, to Lake Worth Realty Company, a Florida That part of the North Half (N 1/a) of the South corporation, by Trustees' Deed No. 17,146, record- Half (S ~/a) of the Southeast Quarter (SE'!4) of said ed iri Deed Book 205, page 82, Public Records of Section 5 lying westerly of the West Right-of--Way Palm Beach County, Florida; thence southerly, line of the Intracoastal Waterway and lying East along said westerly boundary to a point in the of the easterly Right-of--Way line of Prosperity easterly extension of the south line of Govern- Farms Road, as shown in Road Plat Book 2, pages merit Lot 1 of said Section 21, thence westerly, 136 and 137; Supp. No. 9 5 § 1 NORTH PALM BEACH CODE TOGETHER with the Northeast Quarter (NE ~/4) records of Palm Beach County, Florida; Thence N of the Southwest Quarter (SW ~/4) of the South- 89° 47' 58" W along the North line of said Lot 5, a west Quarter (SW ~/4) of the Southeast Quarter distance of 250.12 feet to a point: Thence South- (SE ~/4) of Section 5: erly, at right angles bearing South 0° 12' 02"West; TOGETHER WITH that part of the North 169.5 a distance of 74.91 feet; Thence South 23° 47' 30" East, a distance of 200.65 feet; Thence South 89° feet of the West Half (W'/~) of the Southwest Quar- 54' 40" East, a distance of 283.22 feet to a point in ter (SW '/4) of the Southwest Quarter (SW ~/4) of the East line of said Lot 5; Thence North 23° 47' the Southeast Quarter (SE ~/4) of Section 5 lying 30" West along East line of said Lot 5; a distance easterly of the East line of those lands described of 282.04 feet to the Point of Be m in Deed Book 877, Page 439, Palm Beach County g' records: (Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95, 2-9-95) TOGETHER WITH the West Half (W ~/2) of the West Half (W ~/a) of the Southeast Quarter {SE ~/4) ARTICLE III. LEGISLATIVE of the Southwest Quarter (SW ~/4) of the. South- east Quarter (SE '/4) of the said Section 5: Section 1. Village council; powers and com- TOGETHER WITH the West thirty feet (30') of position. the following described parcel: There shall be a village council with all legisla- Commencing atthe center of said Section 5: thence tive powers of the village vested therein consist- easterly along the East-West Quarter Section line ing of five (5) members who shall be electors of the a distance of 1,293.76 feet to the Northwest cor- village, who shall be elected by the electors of the ner of the Northeast Quarter (NE'/4) of the South- village. east Quarter (SE ~/4) of said Section 5: thence South (Ord. No. 1-76, § 1, 2-19-76) 00°-08'-30" West along the West line of the North- east Quarter (NE ~/a) of the Southeast Quarter Section 2. Election and terms. (SE ~/4) of Section 5, (the west line of the North- . east Quarter (NE '/4) of the Southeast Quarter On the second Tuesday in March of each year a (SE ~/4) of Section 5 is assumed to bear South 00- general election shall be held to elect members of ° ~ the village council. The selection of members of -08 -30 West and all other bearings are relative thereto) a distance of 1.343.65 feet to the South- the village council shall be by groups to be known west corner of the Northeast Quarter (NE ~/a) of as Groups 1, 2, 3, 4 and 5. The councilmen in the Southeast Quarter (SE ~/4) of Section 5 and Groups 1, 3 and 5 shall be elected in the even the POINT OF BEGINNING of the herein de- Years and councilmen in Groups 2 and 4 shall be scribed parcel: thence South 88°-16'-41"East along elected in the odd years. The term of office of a the South line of the Southwest Quarter (SW '14) councilman shall commence upon his election and of the Northeast Quarter (NE ~/4) of the Southeast qualification and shall continue for two (2) years Quarter (SE ~/4) of Section 5 a distance of 144.46 thereafter and until his successor is elected and feet: thence North 02°-13'-54" West, a distance of qualified; provided, however, that the terms of of- 157.46 feet; thence North 88°-16'-41" West, a dis- fice of those councilmen whose terms expire in tance of 137.95 feet; thence South 00°-08'-30"West, March of 1981 and March of 1982 shall be short- a distance of 157.15 feet to the POINT OF BE- ened by a period of one week. GINNIl`dG. (Ord. No. 1-76, § 1, 2-19-76; Ord. No, 29-80, § 1, 10-9-80) TOGETHER WITH the following described par- cel: Section 3. Mayor. Begin at the Northeast corner of Lot 5, according The council shall elect from among its members to the Plat of subdivision of Government Lot 8, a mayor, a vice mayor, and a president pro tem to Section. 4, Township 42 South, Range 43 East, as serve at the pleasure of the council. Election of recorded in Plat Book 18, Page 4, in and for the the mayor, vice mayor and president pro tem shall Supp. No. 9 6 CHARTER CHARTER § 3 be done annually at the first (1st) regular council meeting after the village election. The mayor shall preside at meetings of the council, shall be recog- nized as head of village government for all cere- monial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents, and as the village official designated to represent the village in all agreements with other governmental enti- ties or certifications to other governmental enti- ties, but shall have no administrative duties ex- cept as required to carry out the responsibilities :herein. The vice mayor shall act as mayor during the absence or disability of the mayor. The presi- dent pro tem shall preside at council meetings in the absence of the mayor and vice mayor. The mayor shall have power, for sufficient cause, to suspend any Village officer or official appointed by the council. In case of the suspension of any such person, the mayor shall, within fifteen (15) days thereafter, deliver to the village clerk, or his deputy, a specification in writing of the charges preferred to the officer suspended; and it shall be the duty of said clerk to present such charges to the council at its next meeting following the re- ceipt of such charges by him. Thereafter the coun- cil shall proceed to hear and determine the said charges after reasonable notice of such hearing to the suspended officer, who shall be Supp. No. 9 6.1 l CHARTER C®1lZPARATIVE TABLE Chapter Disposition Number Section Article/Section 31481 (1956) Art. I I 73-564 1 II 1 Ordinance Disposition Number Date Section Article/Section 29-80 10- 9-80 1 III 2 11-86 9-11-86 1 III 11 03-95 2- 9-95 II 1 (The next page is 77] Supp. No. 9 65 l GENERAL PROVISIONS § 1-8 to revive such former ordinance, clause or provi- Palm Beach Code is hereby amended by adding a Sion of this Code, unless it shall be expressly so new section to be numbered Section , provided. which said Section shall read as follows: The new section shall then be set out in full. The repeal of an ordinance, clause or section of this Code shall not affect any punishment or pen- (d) All sections, articles, chapters or provisions alty incurred before the repeal took effect, nor any desired to be repealed shall be specifically re- suit, prosecution or proceeding pending at the time pealed by section, article or chapter number in of the repeal, for an offense committed under the the following language: "That Section (Chapter or ordinance, clause or section of this Code repealed. Article) of the Village of (Code 1970, § 1-5) North Palm Beach Code is hereby repealed." (Code 1970, § 1-7) Sec. 1-5. Severability of parts. If any phrase, clause, sentence, paragraph, sec- Sec. 1-7. Altering Code. tion or subsection of this Code shall be declared unconstitutional or invalid by a court of compe- No person in the village shall change or amend, tent jurisdiction, such unconstitutionality or in- by additions or deletions, any part or portion of validity shall not affect any of the remaining phras- this Code, or insert or delete pages, or portions es, clauses, sentences, paragraphs, sections or thereof, or alter or tamper with such Code in any subsections of this Code. manner whatsoever which will cause the law of (Code 1970, § 1-6) the village to be misrepresented thereby. (Code 1970, § 1-8) Sec. 1-6. Amendments to Code. (a) All ordinances passed subsequent to this Sec. 1-8. General penalty; continuing viola- Code which amend, repeal or in any way affect tions. any section or subsection of this Code, shall be (a) Whenever in this Code any act is prohibited numbered consecutively, but shall refer specifical- or is made or declared to be unlawful or an of- ly to the section or subsection affected, and print- fense, or whenever the doing of any act is required ed for inclusion therein. When subsequent ordi- or the failure to do any act is declared to be un- nances repeal any chapter, section or subsection lawful, where no specific penalty is provided there- or any portion thereof, such repealed portions shall for, the violation of any such provision of this Code be excluded from said Code by omission from re- shall be punished by a fine not exceeding five hun- printedpages.The subsequent ordinances, as num- dyed dollars ($500.00) or imprisonment for a term bered and printed, or omitted in the case of re- not exceeding six (6) months, or by both such fine peal, shall be prima facie evidence of such and imprisonment. subsequent ordinances until such time as this Code .and subsequent ordinances numbered or omitted (b) Each day a violation of any provision of this are readopted as a new code by the village council. Code shall continue shall constitute a separate (b) Amendments to any of the provisions of this offense, and each act in violation of the provisions Code shall be made by amending such provisions of this Code shall be considered a separate and by specific reference to the section number of this distinct offense. Code in the following language: "That Section of the Village of North Palm Beach (c) In addition to the penalties herein provided, Code is hereby amended to read as follows: anY condition caused or permitted to exist in vio- The new provisions shall then be set out in full. lation of any of the provisions of this Code shall be deemed a public nuisance and may be abated by (c) In the event a new section not heretofore the village, as provided bylaw, and each day that existing in the Code is to be added, the following such condition continues shall be regarded as a language shall be used: "That the Village of North new and separate offense. Supp. No. 9 $1 § 1-8 NORTH PALM BEACH CODE j' III (d) Zoning, buildings, etc.: conferences, and conventions shall be individual- ~ (1) The village council shall provide for the en- ly approved by the public safety director of the forcement of a zoning ordinance enacted village prior to attendance. pursuant to this part. Each day such of- (Ord. No. 8-81, § 1, 8-27-81; Ord. No. 21-94, § 1, fense continues after written notice shall 10-27-94) Cross references-Offenses, Ch. 19; police, Ch. 23. be deemed a separate offense. (2) Incase any building or structure is erected, constructed, reconstructed, altered, repaired or maintained or any building, structure, land or water is used in violation of this Code or any ordinance or other regulation made under authority conferred hereby, the proper local authorities, in addition to oth- er remedies, may institute any appropriate action or proceedings in a civil action in the circuit court to prevent such unlawful erec- tion, construction, reconstruction, alter- ation, repair, conversion, maintenance or use, and to restrain, correct or abate such violation, to prevent the occupancy of such building, structure, land or water, and to prevent any illegal act, conduct of business, or use in or about such premises. (Code 1970, § 1-9; Ord. No. 1-77, § 1, 1-13-77; Ord. No. 4-86, § 5, 4-24-86) Sec. 1-9. Assessment of additional court costs for criminal justice education expenditures. (a) The county court shall assess the additional sum of two dollars ($2.00) pursuant to Florida Statute section 943.25 (13) as a court cost against every person convicted for violation of an ordi- nance of the village and violation of a state penal or criminal statute within the incorporated limits of the Village of North Palm Beach and bond es- treature and forfeited bail bond related thereto. There shall not be an assessment as to an ordi- nance relating to the parking of vehicles. (b) All court costs assessed and collected pur- suant to this section shall be utilized for criminal justice education degree programs and training courses, including basic recruit training, for law enforcement officers and support personnel, pro- vided such education degree programs and train- ing courses are approved by the public safety di- rector of the village. Workshops, meetings, [The next page is 133] Supp. No. 9 82 ADMINISTRATION § 2-147 as just described and the pension benefit guaran- requirements, after twelve (12) months employ- ty corporation's interest rates for terminating sin- ment and will become a participant on the Octo- gle employer plans which rates are in effect on the ber 1 of the next following year. October 1 immediately preceding the member's date of termination. Spouse means the lawful wife or husband of a member at the time of preretirement death or re- Agreement means the written ordinance from tirement. which this division derived, setting forth the pro- System means the Village of North Palm Beach visions of the retirement system. general retirement fund as contained herein and Beneficiary means the persons or persons enti- all amendments thereto. tled to receive benefits hereunder and who has or (Ord. No. 1-83, § 1, 1-13-83; Ord. No. 13-83, § 1, have been designated as such in writing by the 9-8-83; Ord. No. 36-90, § 1, 10-25-90; Ord. No. member and filed with the board. If no such des- 9-94, § 1, 6-9-94) ignation is in effect at the time of death of the Cross reference-Definitions and rules of construction gen- member, or if no such person so designated is liv- erally, § 1-2. ing at that time, the beneficiary shall be the es- tate of the member. Sec. 2-147. Membership. Board means the board of retirement, which (a) Conditions of eligibility. All employees as of shall administer and manage the system herein the effective date and all future new employees, provided and serve as trustees of the fund. except members of the fire department and police department, shall become members of this system Credited service means the total number of years as a condition of employment. and fractional parts of years of actual service with the village and shall apply to an employee whose (b) Application for membership. Each current employment is terminated with the village and and future eligible employee shall complete an who recommences full-time employment within application form covering items set forth below, two (2) years from the date of termination. and provide other information, as may be pre- scribed by the board. Earnings means gross salary, (including over- (t) Acceptance of the terms and conditions of time) but excluding bonuses or any other nonreg- the retirement system. ular payments such as unused sick leave and va- cation time pay. (2) Designation of a beneficiary or beneficia- ries. Effective date means the date on which this di- vision becomes effective [January 13, 1983). Plan (3) A certified statement as to prior medical year is from October 1 to September 30. history. Employee shall mean any actively employed full- (4) A written release allowing distribution of time general employees of the village, except fire- all medical records to the board. men and policemen. For the purposes of .all benefits hereunder, an Final average earnings means the arithmetic application for membership shall be considered to average of the twelve (12) months earnings for the have been in effect from date of employment, even highest sixty (60) months of the one hundred twen- though officially accepted and approved by the ty (120) consecutive months of service immediate- board at a later date. Failure to complete an ap- ly preceding the retirement or termination of a Plication within ninety (90) days of employment member. and written notice of this agreement shall consti- - tute a deliberate choice to be excluded from the Fund means the trust fund established herein system. as part of the system. (c) Change in designation of beneficiary. Amem- Member means an actively employed full-time ber may, from time to time, change his designated employee who fulfills the prescribed participation beneficiary without approval by the board of trust- Supp. No. s .144.1 i NORTH PALM BEACH CODE § 2-147 ees or previous beneficiary by written notice to trued benefit. If a member does retire early, his or the board upon forms provided by the board. Upon her pension shall be actuarially reduced for early such change, the rights of all previously designat- retirement. ed beneficiaries to receive any benefits under the system shall cease. (e) Preretirement death. (Ord. No. 1-83, § 2, 1-13-83) (1) If a participant who is no longer an employ- . ee of the village dies prior to the normal Sec. 2-148. Benefit amounts and eligibility. retirement date and has attained age fifty- five (55) and had five (5) years of credited (a) Retirement date. A member's normal retire- service, a pension benefit of fifty (50) per- ment date shall be the first day of the month co- cent of the amount the participant would incident with, or next following, attainment of his have been entitled to, actuarially reduced or her sixty-fifth birthday and the completion of for early retirement, shall be paid to the nine (9) full years of service with the village. A surviving beneficiary for as long as the ben- member may retire on his or her normal retire- eficiary shall live. Such amount shall be ment date or on the first day of any month there- based on the amount payable under the fif- after, and each member shall become one hundred ty (50) percent joint and survivor option, (100) percent vested in his or her accrued benefit reduced actuarially to the age of the bene- on his normal retirement date. The normal retire- ficiary. ment date described above shall apply only to mem- bers who are hired as general employees from and (2) If a member dies prior to the normal retire- after the effective date of this ordinance. ment date and is then employed by the vil- lage and has five (5) years of credited ser- The normal retirement date for a member who vice, such member regardless of age shall was a general employee of the village prior to the receive pension benefits as set forth in sub- effective date of this ordinance shall be the first section (3). day of the month coincident with, or next follow- (3) The members .specified in subsection (2) ing, attainment of his or her sixty-fifth birthday. above shall receive a benefit equal to the (b) Retirement benefit. A member retiring here- member's vested accrued pension as com- puted under section 2-148(b) and shall be under on or after his normal retirement date shall payable to the designated beneficiary in receive a monthly benefit which shall commence equal, consecutive monthly installments on his retirement date and be continued thereaf- over ten (10) years. The benefit payment ter during his lifetime, ceasing upon death. The specified herein shall commence upon death member's annual pension benefit shall equal two of the plan member and approval of the pen- (2)percent of final average earnings multiplied by sion board. the member's credited service for the first twenty (20) years of credited service and one (1) percent (f) Termination of employment. A participant for each year of credited service thereafter. who terminates his employment for reason other than death or retirement shall be entitled to a (c) Late retirement. A participant who retires deferred monthly retirement benefit commencing after his normal retirement date shall be paid the at his normal retirement date equal to the prod- monthly benefit otherwise payable to the partici- uct of his vested percentage, as determined from pant at his normal retirement date increased by the following schedule, and his accrued benefit: using the benefit formula for normal retirement together with consideration of his additional years Credited Service Vested Percentage or fractional parts of years of credited service and Less than 5 0 final average earnings. 5 but less than 7 50 (d) Early retirement. A member may retire af- 7 but less than 9 75 ter age fifty-five (55) and shall receive vested ac- 9 or more 100 Supp. No. 9 144.2 ADMINISTRATION § 2-150 (Ord. No. 1-83, § 3, 1-13-83; Ord. No. 9-94, § 2, paid in any form approved by the board so 6-9-94; Ord. No. 12-95, 1, 2, 3-23-95) long as it is the actuarial equivalent of the benefits otherwise payable. fee. 2-149. Normal and optional forms of Option 4. Social security adjustment option. If a benefits. member retires before being eligible for so- (a) The normal form of retirement benefit is a cial security benefits, he or she may elect monthly benefit for life. an option to receive a larger pension up to the date he or she begins receiving social (b) Each member entitled to a normal or early security benefits. The member's pension retirement benefit shall have the right, at any benefits shall be appropriately reduced af- time prior to the date on which benefit payments ter social security payments begin. The begin, to elect to have this benefit payable under amount of reduction shall be actuarially de- any of the options hereinafter set forth in lieu of termined by the actuary. such benefits and to revoke any such elections and make a new election at any time prior to the (c) Lump sum payment. Notwithstanding any- actual beginning of payments. The value of op- thing contained within section 2-148 and section tional benefits shall be the actuarial equivalent of 2-149 to the contrary, the board, in its sole discre- thevalue of benefits otherwise payable. The mem- tion, may elect a lump sum payment to the ben- ber shall make such an election by written re- eficiary or beneficiaries in lieu of installments when quest to the board, such request being retained in the monthly benefits do not exceed the sum of one the board's files. hundred dollars ($100.00). This provision applies to normal retirement, late retirement, early re- Option 1. Joint and last survivor option. The tirement and preretirement death regardless of member may elect to receive a benefit dur- the fact that the member elected retirement ben- inghis lifetime and have such benefit (or a efits to be made in monthly installments. designated fraction thereof) continued af- (Ord. No. 1-83, § 4, 1-13-83; Ord. No. 4-93, § 1, ter his death to and during the lifetime of 1-14-93) his designated beneficiary. The minimum joint and survivor percentage shall be fifty (50) percent, reduced actuarially to the age fee. 2-150. Village contributions. of the beneficiary. The election of option 1 shall be null and void if the designated ben- (a) Generally. So long as this system is in effect, eficiary dies before the member's benefit the village shall make a contribution to the trust payments commence. fund in an amount equal to the total cost for the year as shown by the most recent actuarial valu- Option 2. Life annuity with ten years certain. ation of the system. The total cost for any year The member may elect to receive a monthly shall be defined as the total normal cost, plus the benefit for one hundred twenty (120) month- additional amount sufficient to amortize the un- lypayments certain. In the event the mem- funded accrued past service liability over aforty- ber dies after his retirement, but before he year period. has received retirement benefits fora peri- od of ten (10) years, the same monthly ben- (b) Other. Private donations, gifts and contri- efit will be paid to the beneficiary (or ben- butions may be deposited to the fund, but such eficiaries) as designated by the member for deposits must be accounted for separately and kept the balance of such ten-year period or, if no on a segregated bookkeeping basis. Funds from • beneficiary is designated, to the surviving these sources may be used only for additional ben- spouse, or estate of the member, efits for members, as determined by the board, and may not be used to reduce required village Option 3. Other. In lieu of the optional forms contributions. enumerated in this section, benefits maybe (Ord. No. 1-83, § 5, 1-13-83) Supp. No. 9 145 § 2-151 NORTH PALM BEACH CODE j Sec. 2-151. Retirement board, establishment. (d) The retirement board shall have full author- - ity to administer all the provisions of this division (a) There is hereby created a general employ- and shall cause all disbursements and receipt for ees retirement board of the village which shall all monies received by the fund through the office consist of five (5) members. of the village treasurer. The retirement board shall Two (2) members of the board shall be employ- appoint a secretary who shall keep a complete ees of the village. The employee members shall be record of all actions and proceedings by the board. elected atlarge byfull-time village employees who (e) The retirement board shall continue to exist are not firemen or policemen. Employees who are exclusively for the purpose provided by this divi- elected cannot work in the same departments of sion and related legislation, and the responsibili- the village. The term of service of employees on ty -for the administration and proper operation the general retirement board shall be indefinite or thereof and for effectuating the provisions of the until the time such employee member of the re- law relating thereto, is vested in the retirement tirement board is retired, disabled, resigns, ter- board. urinates village employment or is removed for mis- (Ord. No. 1-83, § 6, 1-13-83) ' conduct by majority vote of the employees or the council of the village or for nonparticipation by Sec. 2-152. Additional rules and regulations missing two (2) or more consecutive meetings. The authorized. election to the board shall be arranged by the vil- lage clerk, who shall give reasonable notice of the The retirement board shall have the power to election to the eligible voters. One (1) member of adopt rules-and regulations, not inconsistent with the general retirement board shall be a resident the provisions of this division, governing its activ- of the village, selected by the village council, one ities and providing for the certification of the sum (1) member shall be the village manager and one to be paid a retired member from the general re- (1) member shall be the village mayor who shall tirement fund. serve as nonvoting chairman except in case of a (Ord. No. 1-83, § 7, 1-13-83) tie vote of the retirement board. The mayor may designate another member of the village council Sec. 2-153. Investing funds; custodian of se- to serve in his place, from time to time. curities. (b) Should a vacancy occur in the position of a (a) The retirement board shall have the power member serving as an employee member, the vil- and authority to direct the village treasurer to lage employees shall, within thirty (30) days, hold invest and reinvest the assets of the general re- an election and elect a successor to serve. Should tirement fund in a manner consistent with laws the member appointed by village council resign or and statutes governing the investment of the vil- relinquish his duties on the general retirement lage. Each of the foregoing powers and functions board, his successor shall be appointed by the vil- reposed in the retirement board may be performed lage council within thirty (30) days. and carried out by the village treasurer, at the (c) The retirement board hereby created shall direction of the retirement board through duly au- thorized agents, provided that the village treasur- perform all duties and enjoy all rights and powers er shall, at all times, maintain continuous super- vested by law or ordinance, and the village attor- vision over the acts of any such agent(s); provided ney may give advice and legal assistance to said further, that legal title to the finds shall remain retirement board in all matters pertaining to the at all times in the name of the village. performance of their duties, whenever requested and may prosecute and defend all suits which may (b) The village, or its designated funding agent, be instituted by or against it; provided, however, shall be the custodian of all securities, and the the retirement board may, in its discretion, em- accretion thereof shall become a part of the gen- ploy independent legal counsel for such purposes, eral retirement fund. All funds and securities of if funded by the village council, the expense of the general retirement fund shall be deposited with such employment to be paid by the village. the village treasurer, who shall keep then in a Supp. No. 9 146 I ADMINISTRATION § 2-155 separate fund, and shall be liable for the safekeep- designated by any of such members. In the event ing of the same under the bond given to the vil- of such repeal, or if contributions to the system lage and shall be liable in the same manner and to are discontinued, there shall be full vesting one the same extent as is liable for the safekeeping of hundred (100) percent of benefits on a proportion- the funds of the village as provided for by law. All ate basis to the person entitled to benefits in ac- funds now held by the village for this retirement cordance with the provisions thereof. system are hereby transferred to the fund estab- (c) The following shall be the order of priority lished by this division. (Ord. No. 1-83, § 8, 1-13-83; Ord. No. 11-85, § 1, for purposes of allocating the assets of the system 7-11-85) as of the date of such repeal of this division, or if contributions to the system are discontinued with Sec. 2-154. Oaths of office; meeting's; gaxo- the date of such discontinuance being determined by the board: rixm. (1) Apportionment shall first be made in re- Before entering upon their duties as members spect to each retired member receiving a of the board, each member shall take and sub- benefit or each person receiving a benefit scribe to the oath of office required by the village on such date on account of a retired (but Charter, which oath shall be filed with the village since deceased) member, and each member clerk. The board shall meet as often as necessary who has, by such date, become eligible for or upon the call of the chairman or any member normal retirement but has not yet retired, thereof or upon request of the village clerk. A ma- an amount which is the actuarial equiva- jority of the board shall constitute a quorum for lent of such benefit, based upon the actu- the transaction of any business. Notice of meet- arial assumptions used for purposes of the ings shall be given to council and the public at most recent actuarial valuation, provided least seven (7) days in advance. that, if such asset value be less than the (Ord. No. 1-83, § 9, 1-13-83) aggregate of such amounts, such amounts shall be proportionately reduced so that the Sec. 2-155. Repeal or teranination of systeffi. aggregate of such reduced amounts will be equal to such asset value. (a) This division establishing the system and fund, and subsequent ordinances pertaining to the (2) If there be any asset value remaining after system and fund, may be modified, terminated or the apportionment under subparagraph (1), amended in whole or in part; provided that if this apportionment shall next be made in re- division or any subsequent ordinance shall be spect of each member in the service of the amended or repealed in its application to any per- village on such date who has completed at son benefiting hereunder, the amount of benefits least ten (10) years of credited service and which at the time of any such alteration, amend- who is not entitled to an apportionment un- ment or repeal shall have accrued to the member der subparagraph (1), in the amount re- orbeneficiary shall not be affected thereby, except quired to provide the actuarial equivalent, to the extent that the assets of the fund may be as described in (1) above, of the actuarial determined to be inadequate. normal retirement benefit, based on the credited service and average monthly earn- (b) If this division is repealed and not super- ings as of such date, and each vested former seded by another pension plan, or if contributions member then entitled to a deferred benefit to the system are discontinued, the board shall who has not, by such date, begun receiving continue to administer the system in accordance benefit payments, in the amount required with the provisions of this division, for the sole to provide said actuarial equivalent of the benefit of the then members, any beneficiaries then accrued normal retirement benefit, provid- receiving retirement allowances, and any future ed that, if such remaining asset value be persons entitled to receive benefits under one (1) less than the aggregate of the amounts ap- ofthe options provided for in this division who are portioned hereunder, such latter amounts Supp. No. 9 147 § 2-155 NORTH PALM BEACH CODE shall be proportionately reduced so that the (c) Pension validity. The board of retirement aggregate of such amounts will be equal to shall have the power to examine into the facts such remaining asset value. upon which any pension shall heretofore or here- (3) If there be any asset value after the appor- after have been granted or obtained to determine tionments under subparagraph (1) and (2), if such pension was granted erroneously, fraudu- apportionment shall be made in respect of lently or illegally for any reason. The board is each member in the service of the village on empowered to purge the pension rolls of any per- son heretofore or hereafter granted a pension un- such date who is not entitled to an appor- tionment under subparagraphs (1) and (2) der prior or existing law or heretofore granted in the amount equal to his accumulated ben- under this division if the same is found to be er- efits, provided that, if such remaining asset roneous, fraudulent or illegal for any reason; and value be less than the aggregate of the to reclassify any pensioner who has heretofore un- amounts apportioned hereunder, such lat- der any prior or existing law or who shall hereaf- ter amounts shall be proportionately re- ter under this division be erroneously, improperly duced so that the aggregate of such re- or illegally classified. duced amounts will be equal to such (d) Incompetents. If any member or beneficiary remaining asset value. is a minor or is, in the judgment of the board, (4) If there be any asset value remaining after otherwise incapable of personally. receiving and the apportionments under subparagraphs ~~g a valid receipt for any payment due him (1), (2) and (3), apportionments shall lastly under the system, the board may, unless and until be made in respect of each member includ- claims shall have been made by a duly appointed ed in subparagraph (3) above to the extent guardian of such person, make such payment or of the actuarial equivalent,. as described in any part to such person's spouse, children or other (1) above, of the accrued normal retirement person deemed by the board, in its sole discretion, benefit, less the amount apportioned insub- to have incurred expenses or assumed responsi- paragraph (3), based on the credit service bility for the expenses of such person. Any pay- and average monthly earnings as of such ment so made shall be a complete discharge of date, provided that, if such remaining asset any liability under the system for such payment. value be less than the aggregate of the (Ord. No. 1-83, § 11, 1-13-83) amounts apportioned hereunder, such amounts shall be reduced so that the ag- Sec. 2-157. Direct transfers of elig7ble roll- gregate of such reduced amounts will be over distribution. equal to such remaining asset value. (1) General. This section applies to distribu- (d) After all the vested and accrued benefits pro- tions made on or after January 1, 1993. Notwith- vided hereunder have been paid and after all oth- standing any provision of the system to the cov- er liabilities have been satisfied, then and only trary that would otherwise limit a distributee's then shall any remaining funds revert to the gen- election under this section, a distributee may elect, eral fund of the village. at the time and in the manner prescribed by the (Ord. No. 1-83, § 10, 1-13-83) board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement Sec. 2-156. Miscellaneous. plan specified by the distributee in a direct roll- (a) Discharged members. Members entitled to over. a pension as approved by the pension board shall (2) Definitions. not forfeit the same upon dismissal from the vil- lage, but shall be retired as herein described. (a) Dligible rollover distribution: An eligible . rollover distribution is any distribution of (b) Nonassignability. No benefit provided for all or any portion of the balance to the cred- herein shall be assignable or subject to garnish- it of the distributee, except that an eligible ~ ment for debt or for other legal process. rollover distribution does not include: any Supp. No. 9 148 ADMINISTRATION § 2-159 distribution that is one of a series of sub- DIVISION 4. PENSION AND CERTAIN stantially equal periodic payments (not less OTHER BENEFITS FOR FIRE AND POLICE frequently than annually) made for the life EMPLOYEES* (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the Sec. 2-159. Definitions. distributee and the distributee's designat- ~ used herein, unless otherwise defined or re- ed beneficiary or for a specified period of quired by the context, the following words and ten (10) years or more; any distribution to phrases shall have the meaning indicated: the extent such distribution is required un- der section 401(a)(9) of the Code; and the Accrued benefit means the portion of a mem- portion of any distribution that is not in- ber's normal retirement benefit which is consid- cludnble in gross income. Bred to have accrued as of any date. A member's accrued benefit as of any date shall be equal to (b) Eligible retirement plan: An eligible retire- t~'t'o and one-fourth (2~/4) percent of his average monthly earnings multiplied by his credited ser- ment plan is an individual retirement ac- vice, with a maximum benefit equal to fifty (50) count described in section 408(a) ofthe Code, percent of average monthly earnings. For purpos- anindividual retirement annuity described es of this calculation, average monthly earnings in section 408(b) of the Code, an annuity and credited service as of the date of determina- plandescribed in section 403(a) of the Code, tion shall be used. The accrued benefit is consid- or aqualified trust described in section ered to be payable in the plan's normal form com- 401(a) of the Code, that accepts the distrib- mencing on the member's normal retirement date, utee's eligible rollover distribution. Howev- with such date determined as through the mem- er, in the case of an eligible rollover distri- ber remains in full-time employment with the em- bution to the surviving spouse, an eligible ployer. retirement plan is an individual retirement account or individual retirement annuity. Accumulated contributions means a member's own contributions. plus interest credited thereto, if any, by the board. (c) Distributee: A distributee includes an em- ployee or former employee. In addition, the Actuarial equivalence or actuarially equivalent employee's or former employee's surviving means that any benefit payable under the terms spouse is a distributee with regard to the of this plan in a form other than the normal form interest of the spouse. of benefit shall have the same actuarial present value on the date payment commences as the nor- . mal form of benefit. For purposes of establishing (d) Direct rollover: A direct rollover is a pay- the actuarial present value of any form of pay- ment by the plan to the eligible retirement went, other than a lump sum distribution, all fu- plan specified by the distributee. ture payments shall be discounted for interest and (Ord. No. 13-95, § 1, 3-23-95) mortality by using seven (7) percent interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five (5) years in the case of Sec. 2-158. Reserved. disability retirees. In the case of a lump sum dis- tribution, the actuarial present value shall be de- termined on the basis of the same mortality rates ' *Editor's note-Ordinance No. 9-82, enacted June 10, 1982, did not expressly amend the Code; hence, codification of 1-11 as herein set out in 2-159-2-169 was at the discre- tion of the editor. Cross references-Fire division, § 12-29 et seq.; police, Ch. 23. Supp. No. 9 149 § 2-159 NORTH PALM BEACH CODE as just described and the Pension Benefit Guar- Further, an employee may voluntarily leave his anty Corporation's interest rates for terminating contributions in the pension fund for a period of single employer plans, which rates are in effect: five (5) years after leaving the employ of the em- (1) Ninety (90) days prior to the member's date Ployer, pending the possibility of his being re- hired, without losing credit for the time he has f o termination if distribution is made with- artici ated activel as an em to in six 6 months of such date or p p Y p yee. Should he not be reemployed within five (5) years, his con- (2) Ninety (90) days prior to the distribution tributions shall be returned to him without inter- date if distribution is made more than six est. (6) months after date of termination. Average monthly earnings means one-sixtieth It is provided further that credited service shall of earnings of a member during the five (5) years include any service, voluntary or involuntary, in of his employment within the last ten (10) years of the armed forces of the United States, provided employment, which is greater than the total dur- the employee is legally entitled to reemployment ing any other five (5) years during the ten-year under the provisions of the Universal Training period; provided that if a member shall have been and Service Act or any similar law;. and provided employed for fewer than five (5) years, such aver- further that the employee shall apply for reem- . age shall be taken over the period of his actual ployment within the time and under the condi- employment. tions prescribed by law. For any person who be- comes amember of the system on or after October Beneficiary means the person or persons enti- 1, 1978, such military service shall not be credited tled to receive benefits hereunder at the death of if he is receiving or will receive in the future a a member who has or have been designated in retirement benefit from the federal government writing by the member and filed with the board. If based in whole or in part on such military service. no such designation is in effect at the time of death of the member, or if no person so designated is Early retirement date means for each member living at that time, the beneficiary shall be the the first day of the month coincident with or next estate of the member. following the date on which he attains his fiftieth Board means the board of trustees which shall (50th) birthday. administer and manage the plan herein provided Earnings means a member's gross salary, in- and serve as trustee of the fund. eluding overtime, public safety pay increment and Credited service means the total number of years special pay, but excluding bonuses, such as lon- and fractional parts of years of service expressed gevity, safety and attendance awards and any oth- as years and completed months, during which a er nonregular payments such as unused sick leave person serves as an employee as defined below, or vacation time pay. omitting intervening years and fractional parts of years, when such person may not be employed by Effective date means March 1, 1967, the date on the employer; provided, however, such person may which this plan initially became effective. The ef- have, without interrupting his other years of cred- fective date of this restated plan is the date as of ited service, up to one (1) year's leave of absence. which the village council adopts the plan. Notwithstanding the foregoing, no employee will Employee means Pack actively employed full- receive credit for years or fractional parts of years time firefighter and police officer of the village. of service for which he has withdrawn his contri- butions to the pension fund for those years or frac- Employer means the Village of North Palm tional parts of years of service unless he repays Beach, Florida. into the pension fund the contributions he has withdrawn, with interest, within ninety (90) days Firefighter means any person employed in the after his reemployment, as provided in section fire department who is certified. as a firefighter as 2-160 below. a condition of employment in accordance with the Supp. No. 9 150 ADMINISTRATION § 2-160 provisions of section 633.35, Florida Statutes, and (b) Application for membership. Each eligible whose duty it is to extinguish fires, to protect life, employee shall, within thirty (30) days of becom- and to protect property. ing eligible, complete an application form cover- ing the following points, as well as such other Fund means the trust fund established herein points or items as may be prescribed by the board: as part of the plan. (1) Acceptance of the terms and conditions of Member means an employee who fulfills the pre- the plan; scribed participation requirements. (2) Designation of a beneficiary or beneficia- Normal retirement date means for each member ries; the first day of the month coincident with or next (3) Authorization of a payroll deduction pay- followingthe date on which he attains his sixtieth able to the plan as hereinafter provided; (60th} birthday. A member may retire on this nor- mal retirement date or on the first day of any (4) Provision of acceptable evidence of his date month thereafter. of birth; Plan or system means the Village of North Palm (5) A certified statement as to prior medical Beach Fire and Police Retirement Fund as con- history; and tained herein and all amendments thereto. (6) A written release allowing distribution of all medical records to the board. Plan year means each year commencing on Oc- tober 1, and ending on September 30. (c) Change in designation of beneficiary. Amem- bermay, from time to time, change his designated Police officer means any person employed in the beneficiary by written notice to the board upon police department who is certified as a law en- forms provided by the board. Upon such change, forcemeat officer as a condition of employment in the rights of all previously designated beneficia- accordance with the provisions of section 943.14, Ties to receive any benefit under the plan shall Florida Statutes, and who is vested with author- cease. ity to bear arms and make arrests, and whose primary responsibility is the prevention and de_ (d) Buy-back of precious service. Each member tection of crime or the enforcement of the penal, of the plan who terminates his employment with criminal, traffic or highway laws of the state. Any the employer and who is subsequently reemployed public safety officer who is responsible for per- by the employer shall be permitted to "buy-back" forming both police and fire services and who is his previous credited service under the following certified as a police officer or firefighter shall be conditions: considered a police officer. (1) The length of time between the member's Spouse shall mean the lawful wife or husband termination date and his subsequent reem- of amember at time of preretirement death or ployment date is not limited. retirement. (2) The member must pay into the fund an (Ord. No. 9-82, § 1, 6-10-82; Ord. No. 1-92, § 1, amount equal to the sum of the amount he 2-13-92) withdrew from the fund when he terminat- ed employment, plus interest thereon at the Sec. 2-160. Ii~Iembership. rate of seven (7) percent from the date of withdrawal to the date of repayment. (a) Conditions of eligibility. Each person who (g) The board shall notify the employee of the becomes an employee must become a member of the plan as a condition of his employment. Each total amount payable, as described above. such employee shall be considered a member on Payment must be made within ninety (90) the October 1 coincident with or next following days of .such notification. the first anniversary of his date of employment or (4) Upon timely payment of the required reemployment as an employee. amount, the employee shall immediately be Supp. No. 9 151 § 2-160 NORTH PALM BEACH CODE j" reinstated as member of the plan and shall (2) An immediate monthly retirement benefit l be given credit for his previous credited ser- which shall commence on his early retire- vice. ment date and shall be continued on the (Ord. No. 9-82, § 2, 6-10-82; Ord. No. 1-92, § 2, first day of each month thereafter during 2-13-92) his lifetime. The benefit payable shall be as determined in subparagraph (1) above, re- Sec. 2-161. Benefit amounts. duced byfive-twelfths (5/laths) of one (1) per- I~ cent for each month by which the starting (a) Normal retirement benefit. date of the benefit precedes the normal re-- (1) Amount. Each member who retires on or tirement date. after his normal retirement date shall be (c) Benefit formula. The benefit formula appli- eligible to receive a normal retirement ben- cable in all cases of retirement shall be that in efit commencing on his actual retirement effect on each member's employment termination date. The monthly normal retirement ben- date. efit shall be an amount equal to two and one fourth (21/4) percent of his average (d) Preretirement death. monthly earnings multiplied by the mem- (1) If a participant who is no longer an employ- ber's credited service. The maximum bene- ee of the village dies prior to the normal fit is fifty (50) percent of average monthly retirement date and has attained age fifty earnings. (50) and had ten (10) years of credited ser- (2) Form of benefit. The normal retirement ben- vice, a pension benefit of fifty (50) percent efit shall commence on the member's actual of the amount the participant would have retirement date. and be payable on the first been entitled to, actuarially reduced for ear- day of each month thereafter, with the last ly retirement, shall be paid to the surviving payment being the one next preceding the beneficiary for as long as the beneficiary retiree's death. shall live. Such amount shall be based on (3) Optional forms of benefit. In lieu of the form the amount payable under the fifty (50) per- of benefit just described, a member may cent joint and survivor option, reduced ac- choose an optional form of benefit as pro- tuarially to the age of the beneficiary. vided in section 2-162 below. (2) If a member dies prior to the normal retire- (4) One hundred (100) percent nesting. Each ment date and is then employed by the vil- memberwho attains his normal retirement lage and has ten (10) years of credited ser- date shall be one hundred (100) percent vice, such member regardless of age shall vested in his accrued benefit. receive pension benefits as set forth in sub- section (3). (b) Early retirement benefit. Amember retiring (3) The members specified in subsection (2) hereunder on or after his early retirement date above shall receive a benefit equal to the may receive either a deferred or an immediate member's vested accrued pension as com- monthly retirement benefit as follows: puted under section 2-161(d) and shall be (1) Adeferredmonthlyretirementbenefitwhich payable to the designated beneficiary in shall commence on the normal retirement equal, consecutive monthly installments date and shall be continued on the first day over ten. (10) years. The benefit payments of each month thereafter during his life- specified herein shall commence upon death time. The amount of the benefit shall lie of the plan member and approval of the pen- determined and paid in the same manner sion board. as for retirement at his normal retirement date except that average monthly earnings (e) Disability retirement. and credited service shall be determined as (1) Amember having ten (10) or more years of of his early retirement date, or credited service may retire from the service Supp. No. 9 152 ADMINISTRATION § 2-161 of the village under the plan if, prior to his tirement date, the payment due normal retirement date, he becomes totally next preceding the date of such re- and permanently disabled as defined in sub- covery, or section (2) hereof. Such retirement shall 2. If the member dies without recov- herein be referred to as disability retire- eying from his disability or attains ment. his normal retirement -date while (2) member will be considered totally dis- still disabled, the payment due next abled if, in the opinion of the board, he is preceding his death or the one hun- whollyprevented from rendering useful and dyed twentieth (120th) monthly efficient service as a police officer or fire- payment, whichever is later. fighter, and a member will be considered c. Any monthly retirement income pay- permanently disabled if, in the opinion of ments due after the death of a disabled the board, such member is likely to remain member shall be paid to the member's so disabled continuously and permanently. designated beneficiary. (3) No member shall be permitted to retire un- (6) If the board finds that a member who is der the provisions of this section until ex- receiving a disability retirement income is, amined by a duly qualified physician or sur- at any time prior to his normal retirement geon, to be selected by the board for that date, no longer disabled, as provided here- purpose, and is found to be disabled in the in, the board shall direct that the disability degree and in the manner specified in this retirement income be discontinued. Recov- section.Any member retiring under this sec- ery from disability as used herein shall tion shall be examined periodically by a duly mean the ability of the member to render qualified physician or surgeon or board of useful and efficient service as a police offic- physicians and surgeons to be selected by er or firefighter. the board for that purpose, to determine if such disability has ceased to exist. (7) If the member recovers from the disability (4) The benefit payable to a member who re- and reenters the service of the village as a police officer or firefighter, his service will tires with a total and permanent disability be deemed to have been continuous, but the as a result of a disability commencing prior period beginning with the first month for to his normal retirement date is the month- which he received a disability retirement ly income payable for ten (10) years certain income payment and ending with the date and life which can be provided by the single- he reentered the service of the village will sum value of the member's accrued benefit. not be considered as credited service for the (5) a. The monthly retirement income to purpose of the plan. which a member is entitled in the event of his disability retirement will be pay- Termination benefcts and nesting. able on the first day of each month. (1) Each member who terminates employment The first payment will be made on the with the employer and who is not eligible first day of the month following the lat- for any of the retirement, death, or disabil- er to occur o£ ity benefits set forth herein shall receive 1. The date on which the disability from the fund within a reasonable time fol- has existed for six (6) months, or lowing his date of termination a refund of 2. The date the board approves the his accumulated contributions. Provided, payment of such retirement in- however, that if at the time of his terming- - tion of employmentthe member has ten (10) come. or more years of credited service, he shall b. The last payment will be: have the option of either receiving his ac- t. If the member recovers from the cumulated contributions or his accrued ben- disability prior to his normal re- efit payable commencing at the date which Supp. No. s 153 § 2-161 NORTH PALM BEACH CODE I~ would have been his normal retirement date The value of optional benefits shall be actuarially had he remained in full-time employment equivalent to the value of benefits otherwise pay- with the employer. The member may direct able, and the present value of payments to the that his accrued benefit, reduced as for ear- retiring member must be at least equal to fifty ly retirement, commence at age fifty (50) or (50) percent of the total present value of pay- any date thereafter provided his accumu- ments to the retiring member and his beneficiary. lated contributions are not withdrawn. The member shall make such an election by writ- (2) A refund of accumulated contributions to a ten request to the board, such request being re- member or his beneficiary shall constitute tained in the board's files. a full and complete discharge of any and all (1) Option 1-Joint and last suruiuor option. rights to claims or benefits under the sys- The member may elect to receive a benefit, tem by the member or his beneficiaries. which has been adjusted to the actuarial (g) Cost of living adjustment. The amount of equivalent of the normal form of benefit, pension benefit will be increased or decreased in during his lifetime and have such adjusted accordance with the changes in the consumer price benefit (or a designated fraction thereof) con- index published by the U.S. Bureau of Labor Sta- tinued after his death to and during the tistics. Adjustments of pension payments will be lifetime of his beneficiary. The election of made on October 1 of each year reflecting the option 1 shall be null and void if the desig- change in the consumer price index over the nated beneficiary dies before the member's twelve-month period ending three (3) months be- benefit payments commence. fore that date. The maximum increase or decrease (2) Option 2-Ten (10) years certain and life in the member's pension benefit for any one (1) annuity. The member may elect to receive a year is three (3) percent. However, the member's benefit, which has been adjusted to the ac- pension benefit can never be reduced below the tuarial equivalent of the normal form of ben- - amount the member received at date of retire- efit, with one hundred twenty (120) month- ment. Such adjustments shall apply to each re- ly payments guaranteed. If the member tirement, survivor or disability benefit in pay sta- should die before the one hundred twenty tus as of each October 1. (120) monthly payments are made, pay- (h) Limitation on benefits. In no event may a ments are then continued to his designated member's annual benefit exceed the limitations of beneficiary until one hundred twenty (120) i Internal Revenue Code Section 415 as such pro- payments in all have been made, at which visions apply to governmental pension plans. The time benefits cease. After expiration of the provisions of Internal Revenue Code Section 415 one hundred twenty (120) monthly guaran- that apply to governmental pension plans are here- teed payments, should the retired member by incorporated into this plan by reference. be then alive, payments shall be continued (Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, during his remaining lifetime. 11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No. (3) Option 3-Social security adjustment op- 6-95, § 1, 3-9-95) tion. If a member retires before being eligi- blefor social security benefits, he may elect Sec. 2-162. Optional forms of benefits. this option. A member may elect to receive Each member entitled to a normal, early or vest- a larger pension up to the date he begins ed retirement benefit shall have the right, at any receiving social security benefits. The mem- time prior to the date on which benefit payments tier's pension benefits may be reduced or begin, to elect to have his benefit payable under terminated after social security payments any one (1) of the options hereinafter set forth in begin. The amount of reduction shall be ac- lieu of benefits provided herein, and to revoke any tuarially determined. such elections and make a new election at any (4) Option 4-Other. In lieu of the other option- time prior to the actual beginning of payments. al forms enumerated in this section, bene- ~ Supp. No. 9 154 ADMINISTRATION § 2-164 fits may be paid in any form approved by ever, each member shall be guaranteed the the board so long as actuarial equivalence payment of benefits on his behalf at least with the benefits otherwise payable ismain- equal in total amount to his accumulated tamed. contributions. (Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4, 2-13-92) (b) State contributions. Any monies received or receivable by reason of the laws of the State of Sec. 2-163. Contributions. Florida for the express purpose of funding and paying for the benefits of police officers or fire- (a) Member contributions. fighters shall be deposited in the fund within the (1) Amount. Members of the plan shall make time prescribed by law. Such monies shall be for the sole and exclusive use of members or may be regular contributions to the fund at a rate used to pay extra benefits for members. equal to one (1) percent of their respective earnings. (c) Employer contributions. So long as this plan (2) Duration. Contributions shall be deducted is in effect, the employer shall make contributions from such earnings before the same are paid to the fund in an amount at least equal to the until the member has reached his actual difference in each year as between the aggregate retirement date or his termination date member and state contributions for the year and whichever occurs first. Member contribu- the total cost for the year as shown by the most tions shall be deposited in the fund on at recent actuarial valuation report for the system. least a monthly basis. In the event that the The total cost for any year shall be defined as the employer agrees to assume and pay mem- total of normal cost plus the additional amount ber contributions in lieu of direct contribu- sufficient to amortize the unfunded actuarial lia- tions by the member such contributions bility in accordance with applicable laws of the shall accordingly be paid into the plan on State of Florida. The employer's contribution shall behalf of the members. No member subject be deposited on at least a quarterly basis. to such agreement shall have the option of (d) Forfeitures. Any forfeitures arising shall be choosing to receive the contributed amounts applied to reduce future contributions to the plan. directly instead of having them paid by the No forfeited amount shall be applied to change employer directly to the plan. All such con- benefit amounts for members. tributions by the employer shall be deemed (Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, and considered as part of the member's ac- 12-11-86; Ord. No. 1-92, § 5, 2-13-92) cumulated contributions and subject to all provisions of this plan pertaining to accu- Sec. 2-164. hoard of trustees®Generally. mulated contributions of members. The in- tent of this language is to comply with sec- (a) Composition. The board of trustees shall con- tion 414(h)(2) of the Internal Revenue Code. sist of five (5) members: four (4) of whom shall be (3) Interest. Interest shall be credited to mem- elected by a majority of the members of the plan. ber contributions as of September 30 of each Two (2) of the elected members shall be certified firefighters of the village, and two (2) shall be cer- year at a rate equal to the change in the tified police officers of the village. The fifth mem- consumer price index, published by the U.S. ber of the board shall be a legal resident of the bureau of Labor Statistics, over the twelve- village, and shall be appointed by the village coun- month period ending on the previous June cil. Each of the elected board members shall be 30. The maximum rate for any year shall appointed for a period of two (2) years, unless he . be seven (7) percent and the minimum rate sooner leaves the employment of the village or shall be zero (0) percent. forfeits membership on the board, whereupon a (4) Guaranteed refund. All benefits payable un- successor shall be elected by a majority of the mem- der this plan are in lieu of a refund of ac- bers of the plan. Each of the elected board mem- cumulatedcontributions. In any event, how- bers may succeed himself in office. The resident Supp. No. 9 155 § 2-164 NORTH PALM BEACH CODE ~ " I I member shall be trustee for a term of two (2) years unless he forfeits membership on the board, and he may succeed himself in office. The resident member shall hold office at the pleasure of the village council. The fifth member shall have the same rights as each of the other four (4) members appointed or elected as herein provided. The trust- ees shall by majority vote elect from its members a chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. (b) Forfeiture of membership on board for ab- senteeism. In the event a member of the board shall fail to attend three (3) consecutive regular meetings of the board, such member shall be Supp. No. 9 156 I LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-2 ARTICLE I. IN GEI~TERAL regarding all of the basic elements consid- ered in the village council's determination. Sec. 17-1. Cable television rate regulation. (Ord. No. 1-94, 1, 2, 1-13-94) Editor s aote-Ord. No. 1-94, adopted Jan. 13, 1994, has been codified herein at the discretion of the editor as § 17-1. (a) Implementation. The village council does hereby implement cable television rate regulation Sec. 17-2. Home occupations. within the village consistent with Federal Com- munications Commission requirements. (a) Home occupations as permitted uses.. Home occupations shall be permitted uses within R-1 (b) Rate regulation requirements. Single-family Dwelling District, R-2 Multiple-fam- ily Dwelling District and R-3 Apartment Dwelling (1) Any rate or charge established for cable tele- District, and mixed-use ResidentiaUCommercial vision service, equipment, repair and in- PUDs. stallation shall be reasonable to the public. (b) Definition. Home occupation is defined to In determining whether a rate or charge is mean any activity for which an occupational li- reasonable, the village shall apply the ca- tense of the Village of North Palm Beach is re- bletelevision rate regulation criteria estab- quired by law, which is conducted within adwell- lished bythe Federal Communications Com- ing unit in a residential district. mission ("FCC"). (2) Should a franchisee desire to change any (c) Occupational license required. It shall be a rate or charge, it shall submit a written violation for any person to conduct a home occu- pation without first obtaining an occupational li- proposal for the amounts and effective date tense therefor issued by the village. The public of such change to the mayor and council service department may impose reasonable con- who shall instruct staff to evaluate the pro- ditions upon an occupational license issued for a posal in a manner consistent with FCC ca- home occupation for the purpose of insuring com- bletelevision rate regulation standards and pliance with the standards set forth in section report this evaluation to the village coup- 17-2(d). cil. The staff report shall be placed before the village council at a duly noticed public (d) Standards. Prior to the issuance of an oc- hearing. The village will provide written no- cupational license and as continuing operational tice of the public hearing to the franchisee standards, home occupations shall comply with no later than seventy-two (72) hours prior the following: to the public hearing. The village may re- (1) No person shall be employed in a home oc- quire the franchisee to notify each subscrib- cupation who is not a permanent domicili- er, in writing and/or via the cable system, ary resident of the dwelling unit in which of the proposed rate change and the date the home occupation exists. and time of the public hearing. At such hear- (2) The floor area within a dwelling unit devot- ing, the cable operator and members of the ed to a home occupation shall not exceed public will be given an opportunity to twenty-five (25) percent of the gross floor present their respective views on the pro- area of the dwelling unit excluding porch- posed rates. Upon conclusion of the public es, garages, carports and other areas which hearing, the village commission shall de- are not considered living area. tide the matter by majority vote and adopt a resolution approving, disapproving or (3) The activities of a home occupation shall modifying the proposed rate changes and occur entirely within the dwelling unit, ex- providingsuch further relief as is appropri- eluding accessory structures such as garag- ate and authorized by FCC rate regulation es, carports and sheds. standards. The resolution shall set forth (4) There shall be no external evidence of the complete findings of fact and conclusions existence of a home occupation within a Supp. No. 9 1053 § 17-2 NORTH PALM BEACH CODE dwelling unit. Signs, displays, off street (2) Agrees to comply with the conditions im- parking areas other than driveways nor- posed by the department to insure compli- mally required for residential use, or other ante with such standards; advertising of any kind are prohibited. (3) Acknowledges that a departure therefrom (5) No tangible goods or services of any kind may result in a suspension of termination ~ shall be sold or transferred to a customer, of the occupational license; and ~ consumer or client on the premises of a home occupation, excluding facsimile machine, (4) Acknowledges that the village shall have telephone and /or postal transactions. the right to reasonably inspect the prem- (6) A home occupation shall not create noise, ises upon which the home occupation is con- vibration, glare, fumes, odors, dust, smoke ducted to insure compliance with the fore- or electromagnetic disturbances No equip- going standards and conditions, and to merit or processes shall be used which cre- investigate complaints, if, any, from neigh- . ate visual or audible interference in any bors. radio or television receiver located nearby. (f) Violation of standards or conditions deemed No chemicals or chemical equipment shall a Code violation. Failure by a home occupation be used, except those that are used for do- licensee to comply with the standards of this sec- mestic or household purposes, No motor or tion and with the conditions imposed by the de- engine power, other than electrically oper- partment shall be deemed a violation of this Code. ated motors, shall be used in conjunction (g) Appeals. An applicant for an occupational with such home occupation and the total license whose application is denied for failure to horsepower of such permitted electrical mo- meet the standards set forth in this section or who tors shall not exceed three (3) horsepower, objects to any conditions imposed by the depart- or one horsepower for any single motor. merit may appeal the reasonableness of either to (7) Vehicular and pedestrian traffic shall not the zoning board of adjustment which may direct be generated by a home occupation in a that the license be issued with or without condi- greater volume or a different vehicle type tions or may modify, add to or delete the imposed than the traffic typical in a residential neigh- conditions. boyhood in the village. (8) Deliveries of any kind required by and made (h) Repeal of ordinances. All ordinances or parts to the premises of a home occupation shall of ordinances in conflict herewith are hereby re- not exceed one business delivery per day. Pealed. (9) The giving of art, music or other instruc- (i) Ef~ectiue date. This section [Ordinance No. tions or lessons shall be limited to not more 2-95] shall be effective upon the date of passage. than two (2) persons at any one time. (Ord. No. 2-95, 1-9, 1-26-95) (10) Outdoor storage or any materials shall not Editor's note-Ord. No. 2-95, adopted Jan. 26, 1995, has been codified herein at the discretion of the editor as § 17-2. be permitted. Cross reference-Zonin A C. g, PP• (11) The use of the premises for the home occu- pation shall be clearly incidental and sub- Secs. 17-3-17-15. Reserved. ordinate to its use for residential purposes by its occupants, and shall, under no cir- ARTICLE 11. nCCU~AT191~IAL LICENSES* cumstances, change the residential charac- ter thereof. Sec. 17-16. License required; basis of one (e) Afj"tdauit of applicant required. An appli- year. cant for an occupational license for a home occu- pation shall at the time of application file an af- A tax is hereby imposed by the village upon fidavit wherein the applicant: each and every business, profession and occupa- (1) Agrees to comply with the standards set State law references-Municipal home rule powers, F.S. r forth in this section; § 166.021; local occupational license talc act, F.S. Ch. 205. Supp. No. 9 1054 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-21 tion having a business location or branch office for more than one (1) year. For each license ob- within the village, in the respective amounts set tained between September 1 and March 31, the forth in section 17-33 of this Code. In addition, full tax for one (1) year shall be paid except as each and every such business, profession and oc- hereinafter provided. For each license obtained cupation which directly engages in interstate com- between April 1 and September 1, one-half of the merce, or which competes with any business, pro- full tax for one (1) year shall be paid except as fession or occupation engaged in interstate otherwise provided. Ahalf--year license issued pur- commerce shall be licensed pursuant to this Code suant to the provisions of this article, however, in the respective amounts set forth in section 17- shall be granted only as an initial license. Subse- 33. Unless otherwise stated, the amount of such quent licenses must be issued on a full-year basis tax specified shall be on the basis of one (1) year. regardless of the date of application, except where (Ord. No. 7-81, § 1, 7-23-81) a period of at least five (5) subsequent consecutive Sec. 17-17. Registration required. years without a license has elapsed in which case the characteristics of an initial license will apply Any person who engages in any business, occu- provided all other provisions of this article are pation or profession within the village not re- fully satisfied. Upon payment of such tax, the li- quired to be licensed hereunder shall be certified cense shall expire at the end of the period for which with the licensing officer by executing an informa- such license is issued as hereinabove specified. tion form provided by the village. The purpose of (Ord. No. 7-81, § 1, 7-23-81) such certification is to provide the village with information concerning those who are doing busi- ness within the village and, where appropriate, to Sec. 17-20. License renewal; delinquency assure the village that such persons are licensed penalty. countywide by the county. The fee for this certifi- cation shall be two dollars ($2.00). Anyone violat- All licenses issued hereunder may be renewed ing this provision by failing to register the re- without penalty no later than September 30 by quired information with the licensing office shall application of the license holder. Licenses not re- be deemed guilty of a misdemeanor of the second newed by October 1 shall be considered delin- degree. quent and subject to a delinquency penalty of ten (Ord. No. 7-81, § 1, 7-23-81) (10) percent of the full year license fee for the month of October, plus an additional five-percent Sec. 17-18. Application for license. penalty for each month of delinquency thereafter Before the village shall be required to issue a until paid. The total delinquency penalty shall nev- license for engaging in or carrying on any of the er exceed twenty-five (25) percent of the full year businesses, professions or occupations specified and license fee for that applicant, in addition to the set forth herein, it shall be the duty of the appl- license fee set forth herein. cant to file an application with the licensing offic- (Ord. No. 7-81, § 1, 7-23-81) er, such applicant to be in the form required by State law reference~Delinquency penalties, F.S. § the village and such applicant shall be required to 205.053. furnish to the village such other information not contained in the application as the village man- Sec. 17-21. How tax construed as to speci- ager may require. fled professions. (Ord. No. 7-81, § 1, 7-~3-81) The tax provided in section 17-33 for architects, Sec. 17-19. Issuance of license; duration; auctioneers, auditors or accountants, dentists, half-year license; when due and draftsmen, civil engineers, lawyers, osteopaths, payable. chiropractors, chiropodists, phrenologists, physi- All licenses shall expire on the thirtieth day of cians or surgeons, real estate salesmen, or other September of each year. No license shall be issued similar professions, shall be construed to mean Supp. No. 9 1054.1 § 17-21 NORTH PALM BEACH CODE that each individual shall pay the tax herein pro- vided, whether practicing by himself or in part- nership or employed by another. (Ord. No. 7-81, § 1, 7-23-81) Sec. 17-22. Special permit for nonprofit en- terprise. The licensing officer shall issue special permits, without payment of any license fees or other charg- es therefor, to any person or organization for the conduct or operation of a nonprofit enterprise, ei- ther regularly or temporarily, when he finds that the applicant operates without private profit, for a public, charitable, educational, literary, frater- nal or religious purpose. (1) Application for special permit. An appli- cant for a special permit shall submit an application therefor to the licensing officer, upon forms prescribed by the officer, and shall furnish such additional information and make such affidavits as the licensing officer shall require. / (2) Special permittees must conform. A person operating under a special permit shall op- erate his nonprofit enterprise in compli- ance with this section and all other rules and regulations. (Ord. No. 7-81, § 1, 7-23-81) State law reference-Exemption for charitable, etc., ac- tivities, F.S. § 205.192. Stipp. No. 9 1054.2 Chapter 26 T~XATIOl~* Art. I. In General, 26-1-26-15 Art. II. Insurance Excise Taxes, 26-16-26.28 Art. III. Utility Tag, 26-29-26-50 Art. N Telecommunications Service Tag, 26-51-26-54 *Cross references-Administration generally, Ch. 2; licenses and miscellaneous business regulations, Ch. 17. Supp. No. 9 1627 i l TAXATION § 26-30 ARTICLE I. IN GENERAL (b) In the case of multiple-peril policies with a single premium for both the property and casualty Secs. 26.1x-26-15. Reserved. ty coverages in such policies, seventy (70) percent of such premiums shall be used as the basis for- the two-percent excise tax referred to herein. ARTICLE II. IIeISURAlOTCE EXCISE TAXES (c) The excise or license tax shall be payable Sec. 26-16. Casualty insurance premiums. wally on the first day of March of each year. (Code 1970, § 38-20) (a) In accordance with F.S. section 185.08, the village does hereby assess and impose on every Secs. 26-18-26-28. Reserved. insurance company, corporation or other insurer now engaged in or carrying on, or who shall here- . after engage in or carry on the business of casu- ARTICLE III. UTILITY TAX* alty insurance as shown by the records of the state treasurer in his capacity as state insurance com- Sec. 26-29. Levied; rate. missionex, an excise or license tax in addition to any lawful license or excise tax now levied by the Atax in the amount of seven (7) percent is here- village amounting to one (1) percent of the gross by imposed and levied on each and every pur- amount of receipts of premiums from policyhold- chase of electricity, metered gas and bottled gas ers on all premiums collected on casualty insur- (natural liquefied petroleum gas or manufactured ance policies covering property within the corpo- gas), within the corporate limits of the village. A rate limits of the village. tax of two cents ($0.02) per gallon is hereby im- posed and levied on each and every purchase of (b) In the case of multiple-peril policies with a fuel oil within the corporate limits of the village. single premium for both property and casualty (Code 1970, § 38-21; Ord. No. 199-69, 1, 6; Ord. coverages in such policies, thirty (30) percent of No. 222-71, § 1, 1-14-71; Ord. No. 22-79, § 1, 9-27- such premium shall be used as the basis for the 79; Ord. No. 9-81, § 1, 9-24-81; Ord. No. 16-92, § 1, one-percent tax above. 9-24-92; Ord. No. 23-93, § 1, 9-23-93) (c) The excise or license tax shall be payable annually March 1 of each year after the passing of Sec. 26-30. Collection. an ordinance assessing and imposing the tax here- (a) The tax imposed and levied in section 26-29 in authorized. shall be collected from the purchaser of such util- (Code 1970, § 38-19) ities services and paid by such purchaser for the Sec. 26-17. Property insurance premiums. use of the village to the sellers of such electricity, fuel oil, metered gas and bottled gas (natural liq- (a) In accordance with F.S. section 175.101, the uefied petroleum gas or manufactured gas) at the village does hereby assess and impose on every time of the purchaser paying the charge therefor insurance company, corporation or other insurer to the seller. now engaged in or carrying on, or who shall here- (b) The sellers of electricity, fuel oil, metered after engage in or carry on, the business of prop- gas and bottled gas (natural liquefied petroleum erty insurance, as shown by the records of the gas or manufactured gas) within the corporate lim- state treasurer in his capacity as state insurance its of the village shall act as the tax collection commissioner, an excise or license tax in addition mediums or agencies for the village, and they shall to any lawful license or excise tax now levied by collect from the purchasers of such utilities ser- the village amounting to two (2) percent of the vices for the use of the village the tax imposed and gross amount of receipts of premiums from poli- levied by this article and shall report and pay over cyholders on all premiums collected on property insurance policies covering property within the *State law reference-Public service tax authorized, F.S. corporate limits of the village. § lss.231. Supp. No. 9 1629 II § 26-30 NORTH PALM BEACH CODE to the village all such taxes imposed, levied and Secs. 26-32-26-50. Reserved. collected in accordance with the accounting meth- ods and other provisions of this article. ARTICLE IV. TELECOMMUNICATIONS (c) The sellers of such electricity, fuel oil, me- SERVICE TAX* tered gas and bottled gas (natural liquefied petro- leum gas or manufactured gas) shall account for, Sec. 26-51. Levy; rate. report and pay over all moneys received by them on or before the fifteenth day of each and every There is hereby levied and imposed by the vil- month under the provisions of this article, and lage a public service tax upon purchases within shall submit such moneys, reports and accounting the municipality of telecommunications services, to the village treasurer on or before the first day as defined in F. S. section 203.012, which origi- of the month following the fifteenth day of each nate and terminate in this state, at a rate of three month. The accounting and reports which shall (3) percent of the total amount charged for any accompany such payment shall be upon such forms telecommunications service provided within the as can be mutually agreed upon by the village village or, if the location of the telecommunica- treasurer and the sellers of such electricity, fuel tions service provided cannot be determined, the oil, metered gas and bottled gas (natural liquefied total amount billed for such telecommunications petroleum gas or manufactured gas), and if no service to a telephone or telephone number, a tele- such agreement can be reached, they shall be upon communications number or device, or a custom- such forms as are determined by the village trea- er's billing address located within the village, ex- surer. eluding public telephone charges collected on site, (Code 1970, § 38-22; Ord. No. 199-69, § 5; Ord. No. charges for any foreign exchange service or any 222-71, § 1, 1-14-71) private line service except when such services are used or sold as a substitute for any telephone com- t\ Sec. 26-31. Exemptions. pany switched service or dedicated facility by which a telephone company provides a communication (a) The municipal government of the village, path, access charges, and any customer access line its commissions and agencies, shall be exempted charges paid to a local telephone company. How- from the payment of the tax imposed and levied ever, those telecommunications services described by this article. in F. S. section 203.012(5)(b), shall be taxed only (b) The tax imposed by this article shall not be on the monthly recurring customer service charg- applied against any fuel adjustment charge, and es excluding variable usage charges. such charge shall be separately stated on each (Ord. No. 18-94, § 1, 9-22-94) bill. "Fuel adjustment charge" shall mean all in- creases in the cost of utility services to the ulti- Sec. 26-52. Collection. mate consumer resulting from an increase in the (a) When a seller of telecommunications servic- cost of fuel to the utility subsequent to October 1, es renders a bill to the purchaser to cover pur- 1973. chases made during the period of time to which (c) The purchase of natural gas or fuel oil by a the bill is applicable, the amount of public service public or private utility, either for resale or for use tax shall be stated separately from governmental as fuel in the generation of electricity, or the pur- charges and taxes, and shall not be levied there- chase of fuel oil er kerosene for ~~se as ar. aircraft on- engine fuel or propellant or for use in internal- (b) The purchaser shall pay such public service combustion engines shall be exempt from taxa- tax to the seller at the time of payment of each tion hereunder. such bill. The seller, as collection agent for the (d) The tax imposed by this article shall not *Editor's note-Ord. No. 18-94, adopted Sept. 22, 1994, apply to purchases by any recognized church in did not specifically amend the Code and at the discretion of the the State for use exclusively for Church purposes. editor said provisions have been included herein as Art. IV, (Code 1970, § 38-23) 26-51-26-54. Supp. No. 9 1630 TAXATION § 26-54 village, shall collect such public service tax from the purchaser at the time of payment of each such bill. Provided and to the extent that such bills are subsequently paid, the seller shall remit the pub- licservice tax to the village in accordance with the provisions hereinafter stated. If any purchaser re- fuses to pay such tax specifically, the seller shall promptly inform the village of the name and ad- dress of such purchaser, and the amount of tax withheld by such purchaser. (c) Every seller is hereby required to execute and file with the village finance director no later than the twentieth (20th) day of each month a statement setting forth the amount of such public service tax to which the village became entitled under the provisions hereof on account of bills paid by purchasers during the preceding fiscal month, and contemporaneously with the filing of such statements, shall pay the amount of such public service tax to the village. (Ord. No. 18-94, § 12 9-22-94) Sec. 2653. Exemptions. (a) Purchases of telecommunication services by the government of the village, its council and agen- cies and any recognized church in this state if used exclusively for church purposes shall be ex- empted from the payment of the tax imposed and levied by this part. (b) Purchases of local telephone service or oth- er telecommunication service for use in the con- duct of telecommunication service for hire or other- wisefor resale shall be exempted from the payment of the tax imposed and levied by this part. (Ord. No. 18-94, § 3, 9-22-94) Sea 26-54. Compensation. For the purpose of compensating the seller of telecommunication service, the seller shall be al- lowed one (1) percent of the amount of the tax collected and due to the village in the form of a deduction from the amount collected for remit- tance. The deduction is allowed as compensation for keeping of records and for the collection of, and the remitting of, the tax. (Ord. No. 18-94, § 4, 9-22-94) [The meat page is 1681] Supp. No. 9 1631 l APPENDIX C ZONING* Art. i. In General, 45-1--45-15 Art. II. Generally, 45-165-26 Art. III. District Regulations, 45-2715-39 Arts. IV, V. Reserved, 45-40-45-48 Art. VI. Amendments-Fees; Waiting Periods, 45-495-59 [Art. VII. Non-Conforming Uses of Land and Structures,] 45-60~5- 68 *Editor's note-The zoning ordinance of the village, and amendments thereof, are printed herein as set out in the 1970 Code of the village. Amendatory provisions adopted after August 14, 1969, the cut-off date for the 1970 Code, are cited in parentheses following the amended section. Words appearing in brackets [ ]herein have been added by the editor for clarification, except that obviously misspelled words have been corrected without notation. Ordinances changing the zoning maps are not included herein. The zoning map referred to in this ordinance is not printed herein but is on file. The zoning ordinance of the village was included as Chapter 45 of 1970 Code, hence the prefix "45" to the section numbers. Cross references-Enforcement of App. C by code enforcement board, § 2-171 et seq.; home occupations, § 17-2; planning and development, Ch. 21; streets, sidewalks and public places, Ch. 24; appearance plan, App. A; subdivision regulations, App. B. Supp. No. 9 2479 _- 1 l APPENDIX C-ZONING § 45-2 ARTICLE I. II~1 GEl®TERAL attached and the fence and storage area shall be constructed of opaque materials which properly Sec. 45-1. Short title. screen the interior of the storage area from the view of the adjacent property owners. Detached The provisions embraced within this ordinance fence storage areas shall not be erected closer to shall be known as the "zoning code" and maybe so the street than the adjacent front wall of the main cited. building. No such storage area shall be erected unless its construction conforms to village ordi- Sec. 45-2. Definitions. nances. For the purpose of this ordinance, certain words Drug store is a store engaged in the sale of pre- and terms are defined as follows: scn-iption drugs and other items not necessarily Accessory use is a use customarily incident and related to pharmaceuticals. accessory to the principal use of land or building Dwelling is any building or structure designed located on the same lot. ~ exclusively for residential occupancy. A dwelling Accessory building shall include a building cus- maybe designed for one-family, two-family or mul- tomarily incident and accessory to the principal tiple-family occupancy, but not including hotels, use of land or building located on the same lot. In clubs, motels, boarding or lodging houses or house R-1 and R-2 residential dwelling districts an ac- trailers whether such trailers be mobile or located cessory building shall be limited to an automobile in stationary fashion as when on blocks or other garage. foundation. Antiques: Objects of an earlier period such as Dwelling unit is a single unit providing com- furniture,jewelry, stamps, coins, miniaturized rep- plete, independent living facilities for one (1) or licas, works of art, or other decorative articles that more persons including permanent provisions for are collected primarily because of their age, his- living, sleeping, eating, cooking and sanitation. tort', or expectation of increasing value. Family day care home is an occupied residence Child care facility means a licensed facility with in which child care is regularly provided for five more than five (5) children that are unrelated to (5) or fewer preschool children from more than the operator of the facility and which complies one unrelated family and which receives apay- with F.S. chapter 402. ment, fee or grant for any of the children receiving care, whether or not operated for profit. The max- Community residential home, as defined in F.S. imum five (5) preschool children shall include pre- chapter 419, means a dwelling unit licensed to school children living in the home and preschool serve clients of the department of health and re- children received for day care and not related to habilitative services, which provides a living en- the resident caregiver. Elementary school siblings vironment for seven (7) to fourteen (14) unrelated of the preschool children receiving day care may residents who operate as the functional equiva- also receive day care outside of school hours pro- lent of a family, including such supervision and vided the total number of children, including the care by supportive staff as may be necessary to caregiver's own and those related to the caregiver, meet the physical, emotional, and social needs of does not exceed ten (10). the residents. Detached fence storage area is a storage area Floor area is all usable floor space within the attached to a fence erected on the property line in exterior walls of a structure. ' conformance with fence requirements of the North Front, side and rear line of a building shall be Palm Beach Code. Such storage area shall not deemed and construed to include both the main exceed three (3) feet in depth nor be longer or portion of such structure and all projections there- higher than the fence to which it is attached. Said from, including any garage, carport or an extend- storage area shall be constructed of the same ma- ed roof beyond the normal eave or cornice forming terial, design and color as the fence to which it is a cover or roof over an entrance to such dwelling. Supp. No. 9 2481 § 45-2 NORTH PALM BEACH CODE Any awnings or shutters supported by vertical Rear yard is that area between the rear build- ; posts, columns or pipes shall also constitute the ing line and the rear lot line, and extending from building line. The building line shall not include .one (1) side line to the other. On all lots the rear the eaves of such structures nor any open terrac- yard shall. be in the rear of the front yard facing es, stoops, steps, or planting boxes which do not the street. I extend more than four (4) feet above the level of the yard grade. Resident of a community residential home means Front yard is that area between the front build- any of the following: an aged person as defined in ing line and the front line of the lot, and extending F.S. chapter 400; a physically disabled or handi- from one (1) side line to the other. capped person as defined in F.S. chapter 760; a developmentally disabled person as defined in F.S. Living area is that area within any dwelling or chapter 393; a nondangerous mentally ill person rooming unit, measured between the inner sides as defined in F.S. chapter 394; or a child as de- ofthe exterior walls, made usable for human hab- fined in F.S. chapter 39. Residents, as defined in itation, with the following exceptions: Any utility F.S. chapters 400,. 760, 393 and 394, shall not re- room or storage space. that is not accessible from side in the same community residential home as a within the principal structure; all common corgi- child as defined in F.S. chapter 39. dots, hallways or exits provided for access or ver- tical travel between stories of apartments of mul- Satellite television antenna is an apparatus ca- tifamily units. gable of receiving communications from a trans- Lot is aparcel 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 maybe Lot of record is a part of the land subdivision, erected as an accessory structure in R-1 and R-2 the map of which has been recorded in the office of zoning districts, subject to the following restric- the clerk of the court of Palm Beach County, Flor- bons: ida. 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 (10) or more lots satellite television antenna shall be placed are offered for rent or lease. so that there shall be a rear and side yard Motel is a group of two (2) or more attached, of not less than five (5) feet, or if a corner detached, or semidetached buildings containing lot, a side street yard of not less than twen- guest rooms or apartments with automobile stor- ty (20) feet. age or parking space provided in connection there- 2. Such antenna shall not exceed fifteen (15) with, designed and used primarily by automobile feet in height, including any platform or transients. structure upon which said antenna is Occupied. shall be deemed to inr_.1„de the words mounted or affixed. Such antenna may not "arranged," "designed" or "intended to be occu- exceed fifteen (15) feet in diameter. pied." 3. Installation of a satellite television anten- Pharmacy is an establishment engaged in the na shall comply with the village building preparation of prescription drugs and the sale of codes, electrical codes, zoning codes and oth- drugs, prosthetic supplies, surgical instruments er village codes that may apply thereto. and supplies, and sale and/or rental of aids for 4. Not more than one (1) satellite television invalids. antenna shall be allowed on any lot. Supp. No. 9 2482 APPENDIX C-ZONING § 45-6 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 ments, efficient irrigation, practical turf grass, use direct strike of lightning. of drought tolerant plants, mulches and appropri- _ 6. Satellite television antenna shall be -ate maintenance results in reduced water con- screened from all adjoining private proper- sumption but still provides a very wide range of ty by an opaque fence, an opaque wall or by attractive landscaping alternatives. natural landscape planting so planted as to (Ord. No. 16-71; Ord. No. 22-82, § 1, 129-~2; Ord. provide maximum opacity that is a mini- No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1, 6-28-90; mum of six (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) Setback means the distance measured from a Cross reference-De&nitions for Code in general, § 1-2. side, rear and front lot line or from the currently designated ultimate right-of--way line (i.e., feder- Sec. 45-3. Interpretation of provisions. al, state, county and village) to the closest point In interpreting and applying the provisions of within the lot that maybe occupied by a building this ordinance, they shall be held to be the mini- or anaccessory structure. Front setbacks shall be mum requirements for the promotion of the public based on the platted front line of the property or health, safety, morals and general welfare of the on the ultimate right-of--way line as determined community. by the village. Side yard is that area between the side building Sec. 45-4. Conflict of provisions. line and the side line of the lot and extending from (1) It is not intended by this ordinance to in- the front building line to the rear building line. terfere with or abrogate or annixl any easements, Story is that portion of a building between the covenants or other agreements between parties. surface of any floor and the surface of the floor (2) That where this ordinance imposes agreat- next above it, or, if there be no floor above it, then er restriction upon the use of buildings or prem- the space between any floor and the ceiling next ises, or upon the height of buildings, or requires above it. larger open spaces than are imposed or required Street is any public or private thoroughfare by other ordinances, rules, regulations or by ease- which affords the principal means ofaccess to abut- means, covenants., or agreements, the provisions ting property. It may be designated on the map as of this ordinance shall control. a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or other- Sec. 45-5. Changes and amendments. wise. The village council may, from time to time, on Time-share unit is a dwelling unit in which the its own motion or on petition, amend, supple- right of use or occupancy circulates among vari- ment, change, modify or repeal by ordinance the ous persons for specific periods of time less than boundaries or districts or regulations or restric- one (1) year in accordance with a fixed time sched- tions herein established, after public hearing. ule. Sec. 45-5. Penalty for violation of provisions. - Used shall be deemed to include the words "ar- ranged", "designed" or "intended to be used." ~Y Person who shall violate any of the provi- sions of this ordinance or fail to comply therewith Yard is the open space on the same lot with the or with any of the requirements thereof, or who main building, unoccupied and unobstructed from shall build or alter any building in violation of any the ground upward. detailed statement or plan submitted and ap- Supp. No. 9 2483 § 45-6 NORTH PALM BEACH CODE /- proved thereunder, upon conviction thereof shall Sec. 45-17. Official zoning snap. ` be punished as provided in section 1-8 [of the. vil- lage Code], and each day such violation shall be (1) Adopted by reference. The aforesaid districts permitted to exist shall constitute a separate of- and the boundaries thereof are as shown upon the fense. The owner or owners of any buildings or "official zoning map" which, together with all ex- premises or part thereof, where anything in vio- planatory matter thereon, is hereby adopted by lation of this ordinance shall be placed, or shall reference and declared to be part of this ordinance exist, and any architect, builder, contractor, agent, as if the information set forth on the map was all person or corporation employed in connection- fully described and set out herein. therewith shall each be guilty of a separate of- fense and upon. conviction thereof shall be pun- (2) Identification. The official zoning map shall fished as provided in section 1-9. be identified by the signature of the mayor attest- Editor's note~Section 1-9 of the 197o Code is found in § ed by the village clerk, and bearing the seal of the 1-8 of this Code. village under the following words: "This is to cer- Secs. 45-745-15. tify that this is the official zoning map referred to in section 3 of Ordinance No. 20 of the Village of North Palm Beach, Florida, as amended," togeth- AR,TICLE II. GENERALLY er with the date of the adoption of this ordinance. Sec. 45-16. Division of village into districts; (3) Changes. districts enumerated. (a) If, in accordance with the provisions of this In order to classify regulate and restrict the ordinance changes are made in district ' boundaries or other matter portrayed on uses of land and buildings, the height and bulk of buildings, the amount of open spaces about build- the official zoning map, such changes shall ings, intensity of land use, the Village of North be entered on the official zoning map Palm Beach, Florida is divided into eleven (11) promptly after the amendment has been ap- zoning districts, as follows: proved by the village council, with an entry on the official zoning map as follows: "On R-1 Single-family dwelling district (date), by official action of the village coun- R-2 Multiple-family dwelling district cil, the following change(s) were made in R-3 Apartment dwelling district the official zoning map: (brief description of C-A Commercial district nature of change)," which entry shall be C-lA Limited commercial district signed by the mayor and attested by the CB Commercial district village clerk, and the official changes shal'1 C-1 Neighborhood commercial district be made upon the official zoning map by C-2 General commercial district hatching or other appropriate means, in- C-3 Regional business district eluding redraft by an engineer so as to re- P Public district fleet the original map and the changes there- C-OS Conservation and. open space to with all official notations thereon. In the creation of this ordinance of the respec- (b) No changes of any nature shall be made in five districts, the village council has given due the official zoning map or matter shown and careful consideration to the peculiar suitabii- thereon except in conformity with the pro- ity of each district for the particular uses and reg- cedures set forth in subsection (3)(a). Any ulations applied thereto and to the densities of unauthorized change of whatever kind or population, all in accordance with the comprehen- any failure to make a change when directed slue development plan of the village. by ordinance by any person or persons shall (Ord. No. 208-70, § 1, 3-12-70; Ord.. No. 10-73, § 1, be considered a violation of this ordinance 9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No. and punishable as provided under section 1-95, § 1, 3-23-95) 45-6 of this ordinance. ~ Sapp. No. s 2484 I 4 APPENDD~ C-ZONING § 45-20 (4) Location; final authority. Regardless of the ting land shall apply to the portion of such existence of purported copies of the official zoning street or alley added thereto by virtue of map which may, from time to time, be made or said vacation or abandonment. 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. tares in the village. . (5) Damaged; destroyed, etc. In the event that Sec. 45-19. Buildings and uses to conform to the official zoning map becomes damaged, de- district regulations. stroyed, lost or difficult to interpret because of the Except as hereinafter provided: nature or number of changes and additions, the village council may, by resolution, adopt a new A. No building shall be erected, reconstructed official zoning map which shall supersede the pri- or structurally altered, nor shall any build- or official zoning map. The new official zoning map ing or land be used which does not comply may correct drafting or other errors or omissions with the regulations for the district in which in the prior official zoning map, but no such cor- such building or land is located. rections shall have the effect of amending the orig- B. No building shall be erected, reconstructed final official zoning map or any subsequent amend- or structurally altered to exceed the height ment thereto. The new official zoning map shall or bulk limits herein established for the dis- beidentified bythe signature of the mayor attest- trict in which such building is located. ed by the village clerk and bearing the seal of the C. The minimum open spaces around a main village under the following words: "This is to cer- building as provided for in this ordinance tify that this official zoning map supersedes and shall not be encroached upon or be consid- replaces the official zoning map adopted (date of ered as open spaces for any other building. adoption of map being replaced) as part of Ordi- nance No. 20 of the Village of North Palm Beach, D. There shall not be more than one (1) main Florida." building and its customary accessory build- Unless the prior official zoning map has been ing on a lot as defined by this ordinance. lost, or has been totally destroyed, the prior map E. The types, location and uses of buildings or any significant parts thereof remaining shall and land publicly owned and used in the be preserved, together with all available records performance of a public function may be pertaining to its adoption or amendment. Each permitted in any district, provided such replacement official zoning map shall be num- type, location and use is approved by the tiered in consecutive order as adopted. village council. The village council may lim- (Ord. No. 208-70, 3-12-70) it the length of time of such type, location and use. Sec. 45-18. Boundary conflict interprets- (Ord. No. 2-82, § 1, 1-28-82) tions. Sec. 45-20. I~,eserved. Where uncertainty exists as to the boundaries of any district shown upon the zoning map, the Editor's note~ection 1 of Ord. No. 6-91, adopted Mar. 14, 1991, repealed former § 45-20, which pertained to annexed following rules Shall apply: land in the R-1 district and derived from the zoning ordinance (1) Where district boundaries are indicated as of the village. following street, alley or lot lines, said lines Sec. 45-21. shall be construed to be such boundaries. Editor's note~ection 45-21, relative to oceanfront land (2) Where any public street or alley is hereaf-- in the R-1 district, has been repealed by Ord. No. 4-82, § 1, ter officially vacated or abandoned, the reg- enacted Jan. 28, 1982. The former section did not bear ahis- ulations applicable to each parcel of abut- tors note. Sapp. No. 9 2485 § 45-22 NORTH PALM BEACH CODE Sec. 45-22. Oceanfront land-Ocean setback.. family dwelling shall be seven thousand five hun- There shall be a building setback line of not less Bred (7,500) square feet. and have a width of not than fifty (50) feet from the dune line, or one hun- less than seventy-five (75) feet, measured at the Bred (100) feet from the highwater line, whichev- building line. er distance is greater, for all property bordering D. Yard space regulations. on the Atlantic Ocean. The measurement of the 1. Front yard. There shall be a front yard of setback from the dune line and the highwater line not less than twenty-five (25) feet mea- shall be to the closest edge of any building to be sated from the street line to the front build- constructed on the Atlantic oceanfront. ing line. (Ord. No. 23-72, § 1} 2. Rear yard. There shall be a rear yard of not Secs. 45.23-45.26. less than twenty (20) feet measured from the rear building line to the rear lot line. ARTICLE III. DISTRICT REGULATIONS* 3. Side yards. There shall be a side yard on each side of the side building line of not less Sec. 45-27. R-1 single-family dwelling dis- than ten (10) feet. In the case of corner lots, no building and no addition to any building trict. shall be erected or placed nearer than twen- A. Uses permitted. Within any R-1 single-fam-~ ty (20) feet to the side street line of any ily dwelling district no building, structure, land or such lot. water shall be used except for one (1) or more of (a) For a distance of one block on streets the following uses: intersecting U.S. #1, measured from the 1. Single-family dwellings with accessory right-of-way line of said U.S. #1, side buildings customarily incident thereto. yards of at least twenty-five (25) feet in 2. Public schools. depth shall be provided. 3. Parks and recreation. facilities owned or E. Off-street parking regulations. At least one leased by or operated under the supervi- Parking space of at least two hundred (200) square sion of the Village of North Palm Beach. feet shall be provided, consisting of a durable sur- faced area, enclosed. in the dwelling, in an acces- 4. Detached fence storage areas. sory building or in an unenclosed area, exclusive 5. Satellite dish antenna. of the driveway connecting the parking space with the street. 6. Community residential homes. Communi- (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. ty residential homes of six (6) or fewer res- No. 17-90, § 2, 6-28-90) ' idents which otherwise meet the definition of a community residential home, provided Sec. 45-28. R-2 multiple-family dwelling dis- thatsuch homes shall not be located within trict. a radius of one thousand (1,000) feet of an- other existing such home with six (6) or A. Uses permitted. Within any R-2 multiple- fewer residents. family dwelling district, no building structure, land or water shall be used, except for one (1) or more 7. Family day care home, of the followinng uses: B. Building height regulations. No main build- 1. Any use permitted in the R-1 single-family ing shall exceed two (2} stories in height and no dwelling district. accessory building more than one (1) story. C. Building site area regulations. The mini- mum lot or building site area for each single- *Cross reference-Home occupations, § 17-2. Sapp. No. 9 2486 APPENDIX C-ZONING § 45-33 Sec. 45-33. C-1 neighborhood commercial C. Building area regulations. For single- and district. multiple-family dwelling structures, the same as A. Uses permitted. Within any C-1 neighbor- for the R-1 and R-3 districts, respectively. hood commercial district, no building, structure, land or water shall be used, except for one (1) or D. Yard space regulations. There shall be a front more of the following uses: yard of not less than fifty (50) feet measured from 1. Any use permitted in the C-lA limited tom- the street line to the front building line, except mercial district. along both sides of U.S. 1, no setback less than one hundred (100) feet in depth measured from 2. Any retail business or commercial use which the front building line shall be provided. does not involve the manufacturing or pro- - cessing of products. For a distance of one (1) block on streets inter- 3. Personal service establishments, includ- setting U.S. 1, measured from the right-of--way ing, but not limited to, banks, barbershops, line of said U.S. 1, side yards of at least twenty- bowling alleys, beauty salons, medical and five (25) feet in depth shall be provided. dental clinics, professional and other offic- (a) For single-family and for multiple-family es, funeral homes, filling stations, shoe re- residential structures, there shall be rear pair shops, laundry pickup stations and self- yard and side yard setbacks the same as service laundries, furniture display stores set forth in the R-1 and R-3 zoning dis- and drugstores. tricts, respectively, except as modified be- 4. Theaters, but not drive-in theaters. low: 5. Dry cleaning plants using modern, auto- (i) On corner lots intersecting U.S. High- matic cleaning systems with a completely way No. 1 where the front of the build- enclosed process and with solvent and va- ing is on the intersecting street and the por recovery units designed to prevent the side yard of the building is on U.S. emission of objectionable odors and effiu- Highway No. 1, the minimum side yard ent, provided: setback on U.S. Highway No. 1 shall be (a) That such establishments employ not one hundred (100) feet measured from more than five (5) persons on the prem- the street line to the side building line, ises, exclusive of owner or manager and and only for structures in excess of employees who spend the greater part twenty (20) stories in height shall five of their time outside of, rather than on (5) feet be added to the required side the premises, such as delivery men, yard for each story added to the build- salesmen or business solicitors. ing in excess of twenty (20). (b) That such cleaning process meets with (ii) On lots bordering the established bulk- the approval of the building official and head line, the Intracoastal Waterway the fire chief, that it complies with all line or any existing bulkhead, the max- building code provisions and fire pre- imum required rear yard and side yard vention provisions of the Village of setbacks shall be twenty (20) feet from North Palm Beach. the established bulkhead line, Intrac- oastal Waterway line or existing bulk- 6. Mobile home park. head, whichever is closest in distance B. Building height regulations. For buildings to the building line; provided, however, in excess of two (2) stories or thirty (30) feet in that said bulkhead line, Intracoastal ' height, five (5) feet shall be added to the required Waterway line or existing bulkhead is front-yard setback for each story in excess of two at least five hundred (500) feet from (2) or in excess of thirty (30) feet in height. No the opposite bulkhead line, Intracoast- structureshowever, shall occupy more than thirty- al Waterway line or existing bulkhead, five (35) percent of the site area so required. whichever is closest. Supp. No. 9 2501 § 45-33 NORTH PALM BEACH CODE All other space regulations shall apply to F. Floor area regulations. such buildings. 1. In multiple-family dwelling structures, each E. Ofdstreet parking regulations. dwelling unit having one (1) bedroom shall 1. Same as for the C-lA limited commercial have a minimum floor area of seven hun- district for dwellings, churches, motels, ho- dyed fifty (750) square feet. An additional tels, time-share units and restaurants. 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 2. In time-share structures, each dwelling unit nonstorage first floor area, plus one (1) space having one (1) bedroom shall have amini- for each two hundred (200) square feet of mum floor area of seven hundred fifty (750) i nonstorage area above the first floor. square feet. An additional one hundred fif- 3. Medical or dental offices or clinics, one (1) ty (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 G. Conditions for permitted uses: for each additional two hundred (200) 1. A car wash and car waxing business wheth- square feet of floor area up to five thousand er in conjunction with a filling station or as (5,000) square feet; one (I) additional space an independent enterprise shall be allowed for each additional two hundred fifty (250) to utilize an awning structure or structures square feet of floor space in excess of five which shall be located in the rear yard with thousand (5,000) square feet. a minimum five-foot setback and within the 4. Offices, one (1) space for each three hun- building side lines extended. All other ac- dred (300) square feet of floor area used. for tivities, sales and storage of goods must be office purposes. conducted entirely within completely en- s. Schools and public buildings, one (1) space closed buildings with permanent nonmov- for each four (4) seats in the main audito- ing outside walls. rium or place of assembly. 2. No outside sidewalk or parking lot storage 6. Theaters, auditoriums, one (1) space for each (or) display of merchandise will be permit- four (4) seats. ted. 7. No parking shall be permitted in the first (Ord. No. 20-72, § l; Ord. No. 4-73; Ord. No. 10- ten (10) feet of the required front yard depth, 73, 8, 9, 9-13-73; Ord. No. 22-82, 8, 9, 12-9- measuredfrom the front property line. The 82; Ord. No. 9-87, § 2, 5-28-87; Ord. No. 23-90, § 4, restriction against parking in the first ten 6-28-90; Ord. No. 7-94, § 1, 4-14-94; Ord. No. 1-95, (10) feet of the required front yard depth § 1, 1-12-95) measured from the front property line shall Sec. 45-34. C-2 general commercial district. not apply to those properties which have complied in full with the landscaping pro- A. Uses permitted. Within any C-2 general com- visions of chapter 41-16 through 41-25 mercial district, no building, structure, land or [chapter 27, article III], both inclusive. water shall be used, except for one or more of the 8. Furniture display stores, one (1) space for following uses: each four hundred (400) square feet of sales 1. Any use permitted in the C-1 neighborhood area. commercial district. 9. Retail business with floor area in excess of 2. Automobile laundry. fifty thousand (50,000) square feet, one (1) 3. Bakery. space for each two hundred and fifty (250) ` square feet of non-storage floor area. 4. Cold storage and frozen food lockers. \ Supp. No. 9 2502 APPENDIX C-ZONING § 45-34.1 5. Contractor's storage and equipment yards. stream, lake or ground of any waste which 6. Dry cleaning, dyeing and laundry establish- will be dangerous or discomforting to per- ments. sons or animals or which will damage plants or crops or the public water supply beyond 7. Mechanical garage. the lot line of the property on which the use 8. Plumbing sales room, shop and storage is located. yards. 6. Every use shall be so operated as to pre- 9. Printing and publishing establishments. vent the emission of objectionable or offen- sive odors in such concentration as to be 10. Building materials storage and sales. readily perceptible at any point at or be- ll. Wholesale distribution warehouse. yond the lot line of the property on which the use is located. 12. Boat building, repair and storage. 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. C. Building height regulations, building area 14. Assembly, precasting and precutting ofcon- regulations, yard space regulations, off=street park- crete, steel, wood or other construction com- ing regulations, floor area regulations. The height ponents. of buildings, the site area of buildings, yard spac- es, off-street parking and floor area regulations in B. Performance standards. Every commercial zoning district C-2 for all structures shall be the use located within the C-2 general commercial dis- same as required in the C-1 neighborhood com- trict shall be so operated as to comply with the mercial district. following maximum performance standards: (Ord. No. 15-72, § 1) 1. Objectionable noises due to intermittence, beat frequency or shrillness shall be muf- Sec. 4534.1. C~3 regioaial business district. fled or eliminated so as not to become a The C-3 regional business district is designed nuisance to adjacent uses. Sound levels shall for the re-use and/or redevelopment of commer- be measured with a sound level meter and cial property. It contains special regulations and associated octave band filter manufactured procedures that are integrated with those of the according to the American Standards Asso- Town of Lake Park to avoid conflicts that could ciation. otherwise be created by the location of the town/ 2. Every use shall be so operated that ground village boundary. Within C-3 business districts, vibration inherently and recurrently gen- the following regulations shall apply: erated is not perceptible. (1) Uses permitted. Within the C-3 zoning dis- 3. Every use shall be so operated as to pre- trict, no building, structure, land, or water vent the emission of smoke, from any source shall be used, unless otherwise permitted whatever, to a density greater than de- by these regulations, except for any combi- scribed as Number 1 on the Ringelmann nation of the following purposes: Chart. a. Banks, savings and loans, stockbro- 4. Every use shall be so operated as to pre- kers, and similar financial institutions. vent the emission into the air of dust or b. Business offices, including medical and other solid matter which may cause dam- professional services. age to property or discomfort to persons or c. Community residential homes, subject animals at or beyond the lot line of the prop- to the same requirements as apply in erty on which the use is located. the R-2 zoning district, and family day 5. Every use shall be so operated as to pre- care centers as defined in Chapter 402, vent the discharge into any drainage ditch, Florida Statutes. Supp. No. 9 2503 § 45-34.1 NORTH PALM BEACH CODE j - d. Hotels, motels, and time-share units. attracted to that use (or combination of uses) e. Multiple-family dwellings (each build- at the proposed location. Such a modifica- ing containing three (3) or more units) tion may be made on individual parcels of and customary accessory uses, subject land (or adjoining parcels under identical to any limitations on residential uses ownership) by the building official when Per- in the adopted Comprehensive Plan. mitted by consensus national codes or Stan- dards or after submission of persuasive tech- f. Personal services typically offered in nical evidence (such as publications of the conjunction with shopping facilities, Institute of Transportation Engineers such as laundromats, dry cleaners, bar- (ITE)). Modifications that involve shared ber and beauty shops, child care facil- parking on parcels of land that are not un- ities, health clubs, and shops for the der identical ownership, or parking in a dif- repair, cleaning, or rental of items ferent municipality than the principal build- weighing less than one hundred (100) ing regardless of ownership, may be pounds. approved through the special C-3 PUD pro- g. Restaurants and other establishments cedures found below in section 45-34.1(10). where food and/or beverages are pre- a. Auditoriums of any kind -1 space per pared and served. 3 seats. h. Retail sale of new or antique merchan- b. Banks and other financial. institutions dise that is displayed indoors only, - 3 spaces per 1,000 square feet. whether in freestanding buildings or c. Hotels and motels - 1 space per guest in a centrally managed shopping cen- room plus 1 space per 2 employees dur- ter or enclosed mall. ing the peak period; parking for res- i: Theaters and other entertainment fa- taurants and other guest facilities to cilities including nightclubs, game be calculated separately. rooms, bowling alleys, and similar es- d. Offices, medicaUdental - 5 spaces per tablishments, provided they are fully 1,000 square feet. enclosed and provided such uses shall e. Offices, all other - 3 spaces per 1,000 not include adult entertainment estab- square feet. lishments. f. Residential - 2 spaces per dwelling (2) Ofdstreet parking. All proposed land uses unit. shall provide a sufficient number of park- g. Restaurants and nightclubs -12 spac- ing spaces to accommodate the number of es per 1,000 square feet, except 6 spac- vehicles that can be expected to be attract- es per 1000 square feet for restaurants ed to that use. Individual land uses can pro- offering take-out service. vide at least the number of spaces listed h. Retail uses and personal services - 4 below on the same parcel of land as the spaces per 1,000 square feet, except 1.5 principal building (or on an adjoining par- spaces per 1,000 square feet for furni- cel under identical ownership) in lieu of us- ture sales. ing the parking space standards found else- where in this Code. However, certain land i. Shopping centers - 4 spaces per 1,000 square feet. uses may require iess par'xing; and combi- nations of land uses may be able to reduce j. Uses not listed above to be determined the total number of spaces by sharing those by the building official using standards spaces during differing peak hours or be- found elsewhere in this Code or upon cause of pedestrian traffic or multi-purpose submission of persuasive technical ev- trips. Modified standards maybe approved idence about the number of vehicles if fewer spaces will accommodate the num- that can be expected to be attracted. ber of vehicles that can be expected to be NOTES: Supp. No. 9 2504 APPENDIX C-ZONING § 45-34.1 1. All areas are measured as gross every two hundred fifty (250) square floor area except multi-tenant feet of required internal planting area. shopping centers and office com- No parking space shall be more than plexes, which are measured as one hundred (100) feet from a tree gross leasable area. planted in a permeable island, penin- 2. Fractional spaces can bedisregard- sula, or median having aten-foot min- - ed. imum width. 3. Wherever the term "identical own- c. Indigenous native vegetation: To reduce ership" is used, the land parcels in maintenance and water consumption, question must be contiguous and required landscaping shall include at must be owned by or under the uni- least seventy-five (75) percent indige- fied control of the applicant. nous native trees and fifty (50) percent indigenous native shrubs. (3) Off-street loading and internal circulation. Requirements for off-street loading, park- d. Installation: All required landscaping ing lot aisles, accessways, and general in- shall be installed using xeriscape prin- ternal circulation shall be same as would ciples including water conservation apply in the C-1 zoning district. through the appropriate use ofdrought- a. Lighting: Parking lots shall be fully il- tolerant plants, mulching, and the re- luminatedduring hours of business op- duction of turn areas. Irrigation sys- eration with a minimum standard of terns shall be designed to operate only illumination from closing to dawn per when needed and only in those areas the Palm Beach County Code or ITE, that require irrigation. whichever is more stringent. e. Maintenance: The property owner shall (4) Landscaping. landscaping shall be required be responsible for the maintenance of along the outer boundary of the C-3 zoning all required landscaped areas in a district (irrespective of any municipal healthy and vigorous condition at all boundary) and also in unroofed parking ar- times. Required trees shall not be eas whenever a parking area is construct- trimmed or pruned in such a way as to ed, reconstructed, or reconfigured. In addi- alter or limit their normal mature tion to the other provisions of Chapter 4-27 height or crown spread. If required of this Code, the following landscaping re- plants die, they shall be replaced with- quirements shall be met: in sixty (60) days. a. Required landscaping adjacent to pub- (5) Setbacks and height. The following setback, lic rights-of=way: The required land- height, and spacing regulations apply in the scaped strip between a public right-of- C-3 zoning district: way and an off-street parking area shall a. Perimeter setbacks: All buildings and be at least fifteen (15) feet wide and structures shall be set back amini- shall contain at least five (5) trees and mum of thirty (30) feet from the outer eighteen (18) shrubs for each one hun- boundary of the C-3 zoning district, ex- dred (100) lineal feet. cept an interior common municipal b. Parking area interior landscaping for boundary. For buildings in excess of two unroofed parking areas: At least ten (10) (2) stories or thirty (30) feet in height, percent of the total paved surface area one (1) foot shall be added to the re- ' shall be devoted to landscaped areas. quired perimeter setback for each ex- Each area counting toward the ten (10) tra foot of height over thirty (30) feet. percent total shall have an average min- b. Additional setbacks to internal proper- imum dimension of ten (10) feet. At ty lines: The need for building setbacks least one (1) tree shall be planted for to property lines adjoining other land Supp. No. 9 2505 § 45-34.1 NORTH PALM BEACH CODE zoned C-3 is related to the existing or 3. Maximum height of round si ns: g g proposed uses of those properties. Un- Thirteen (13) feet including the less modified through the special C-3 base, measured from the finished PUD procedures found below in sec- grade nearest the base (excluding tion 45-34.1(10), all new buildings and berms). structures shall be set back amini- 4. Maximum size ofground signs: One mum of twenty-five (25) feet from each hundred (100) square feet; copy of its property lines. maybe placed on two (2) sides of a ground sign without co_ unting the c. Maximum building height: The maxi- area twice. mum height of any building shall be b. Pole signs are not attached to any build- fifty (50) feet. ing and are supported upon the ground d. Spacing between buildings: The. mini- by poles or braces. Pole signs are not mum spacing between individual build- permitted in the C-3 district. ings on the same or adjoining C-3 prop- c. Wall signs are those that are attached erties shall be as required by applicable to the exterior of a building or stru~- fire and building codes. ture in such a manner that the wall becomes the supporting structure, and (6) Maximum lot coverage. There is no fined may form the background surface, of cap on lot coverage or floor area ratio. Max- imum intensity will be governed by the ap- the sign. Wall signs are permitted in the C-3 district provided they meet the plication of the parking, loading, setback, following regulations: building height, and surface water manage- 1. Maximum depth of wall signs: Wall ment standards found herein. signs may not be painted. directly (7) Signs. In addition to the other provisions of on the wall and may not project sections 6-111 through 6-117 of this Code, more than two (2) feet from the but notwithstanding any conflicting stan- building to which they are fas- dards found therein, signs in the C-3 zon- tened. ing district shall comply with the following 2. Allowable slope of wall signs: Wall regulations unless modified through the spe- signs may not be attached to walls cial C-3 PUD procedures. that slope more than forty-five (45) a. Ground signs are mounted on a mono- degrees from a vertical plane. lithic base and are independent of any 3. Maximum height of wall signs: building for support. They are permit- Eighteen (18) feet measured from ted only when the sign and base are the finished grade nearest the wall, monolithic and have essentially the except that on a building of more same contour from grade to top. Ground than two (2) stories, a single wall signs that meet the following regula- sign is allowed above eighteen (18) tions are permitted in the C-3 district feet. No wall sign may extend above only along U.S. Route 1 and Northlake the top of the wall to which it is Boulevard: attached. 4. Maximum number of wall signs: 1. Maximum number ofground signs: One (1) permanent wall sign isper- One (1) ground sign along U.S. mitted for each business which has Route 1 and one. (1) ground sign direct. ground level walk-in access along Northlake Boulevard, re- from a public or private roadway gardless ofjurisdiction, North Palm or sidewalk, and one additional Beach or Lake Park. permanent wall sign identifying 2. Maximum height of ground sign the building is permitted for each base: Three (3) feet. multiple occupancy complex. Supp. No. 9 2506 APPENDIX C-ZONING § 45-34.1 5. Maximum size of wall signs: Five ida Water Management District whenever (5) percent of the area of the wall a building or parking area is substantially to which it is attached; or seven (7) 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 building setback is greater than equipped with an approved automatic fire one hundred (100) feet. However, sprinkler system. in no case shall a wall sign exceed one hundred (100) square feet in (10) Special C-3 Planned Unit Development size. (PUD) provisions. Land in a C-3 zoning dis- d. Roof signs are erected and constructed trict may have fragmented ownership or wholly on and over the roof of a build- may adjoin a municipal boundary. Despite ing, and are supported by the roof struc- these complications, the Village of North ture or are an integral part of the roof. Palm Beach desires to provide for an added Roof signs are not permitted in the C-3 degree of flexibility in the placement and district. interrelationship of the buildings and land e. ,size computations: When these regula- uses in this district. One (1) or more land- tions establish the maximum size of a owners in the C-3 district may elect to use sign, it shall be computed by means of these special PUD procedures to seek ap- the smallest square, circle, rectangle, proval of a site development plan that re- triangle, or combination thereof that solves ownership or boundary complica- will encompass the extreme limits of tions and/or which differs from the literal the writing, representation, emblem, or terms of these zoning and land develop- other display, together with any mate- ment regulations. These procedures may rial or color forming an integral part of also be used to seek approval for certain the background of the display or used land uses that are not permitted by right in to differentiate the sign any backdrop the C-3 district (see section 45-34.1(1) above) or structure against which it is placed. or to request a specific modification to the f. Allowable colors: Notwithstanding the sign regulations. However, any PUD ap- regulations in Chapter 6 of this Code, proval under these procedures must be con- color tones utilized for all signs com- sistent with the spirit and intent of the C-3 plying with these regulations shall be zoning district and must also be consistent compatible with surrounding area. with the Comprehensive Plan. g. Lighting: Signs containing illumina- a. Allowable changes to existing regula- tion shall be turned off by 12:00 a.m. tions: No PUD approval can permit any (midnight) each night, or when the busi- development that is inconsistent with ness closes, whichever is later. the Comprehensive Plan. Subject to this h. Appeals: Notwithstanding conflicting limitation, changes may be considered appeal procedures found elsewhere in through this process to any other zon- this Code, all requests for modifica- ing and land development regulation toons to sign regulations in the C-3 zon- that the village council finds would un- ing district shall be made through the duly constrain desirable re-use and/or special C-3 PUD procedures found be- redevelopment of land in the C-3 zon- low in 45-34,1(10). ing district. After any such changes are (8) Surface water management. Acomplete sur- made by the village council, those face water management system shall bepro- changes shall govern to the extent of vided to current standards of the South Flor- conflict with these regulations. Supp. No. 9 2506.1 § 45-34.1 NORTH PALM BEACH CODE b. Additional land uses: The following 3. Unless clearly shown directly on land uses are not permitted by right the site development plan, an ex- but may be approved in response to a plicit list of zoning and land Bevel- . specific PUD application: opment regulations for which 1. Automobile, truck, or motorcycle changes are sought, and the pro- dealers (new or used). posed alternate standards. 2. Cultural, civic, educational, health 4. A specific list describing any of the care, and religious facilities. additional land uses listed in sec- tion 45-34.1(10)b. for which the ap- 3. Nursing or convalescent homes. plicant is requesting approval. 4. Offices for non-profit, religious, or 5. Any volunteered limiting condi- governmental activities. tions that could provide assuranc- c. Minimum PUD requirements: There is es that the development as pro- no minimum parcel size for PUD ap- posed would further the intent and plications. However, most favorable con- spirit of the C-3 district and the sideration will be given to applications Comprehensive Plan. that encompass the largest possible The site development plan, lists of alter- land area, and no parcel that is small- pate standards and additional land uses, er than its size when this section was and volunteered conditions should be sub- adopted (May, 1994)-maybe submitted mitted in a format suitable for attachment unless it was properly platted through to an ordinance approving the requests. the provisions of these land develop- e. Approval process: PUD applications un- ment regulations. All parcels submit- der this section shall be forwarded along ted in a single PUD application must with recommendations from staff to the be contiguous and must be owned by or planning commission, which after hold- under the unified control of the appli- ing a public hearing shall make afor- cant. mal recommendation of approval, par- d. Application procedures: PUD applica- tial 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 approve, shall contain the following: partially approve, or disapprove the 1. Satisfactory evidence of unified PUD application. Unless the applica- control of the entire area within tion is disapproved in full, this action the proposed PUD; agreement to shall be by ordinance. The applicant abide by the conditions of approv- may then proceed to obtain all .other al, if granted; and ability to bind needed development permits in accor- ~ successors in title to these condi- dance with the village's regulations. tions if the proposed development f. Applications abutting or crossing a mu- is built. nicipal boundary: Any PUD applica- 2. A proposed site development plan tion for property abutting or crossing in sufficient detail to show the ap- the Lake Park town boundary shall proximate 'locations of buildings, meet all of the above requirements. In parking areas, and stormwater addition, to protect the interests of oth- management facilities. This plan er C-3 landowners and the town, a de- shall also show the exact locations cision on the PUD application shall be of all access points to public streets made by the village council only at a and to any abutting land zoned C-3, joint meeting with the Lake Park Town whether in Lake Park or North Commission. Palm Beach. (Ord. No. 8-95, § 1(Exh. A), 3-23-95) Supp. No. 9 2506.2 APPENDIX C-ZONING § 45-35.1 Sec. 45-35. Public district. II. Filing of application. A. Any person may file an application with the Within any P public district, uses shall be re- village council for minor modifications of stricted to those necessary or essential to the ad- the provisions of this chapter. This applica- ministration and operation of the village or any tion shall contain at least the following: other governmental agency, including, but not lim- 1. All application and review .procedures ited, to village hall, recreation facilities, water- shall comply with section 21-12, Chang- - works, pumping stations and sewage facilities. es to zoning ordinances and section 45- (Ord. No. 3-82, § 1, 1-28-82) 49, Application for rezoning, of this Code. Sec. 45-35.1. Planned unit development. 2. A statement listing and fully explain- - ing the specific modifications of the pro- I. Statement of intent. visions of this chapter 45 which are de- sired, as well as the purposes for which A. The intent of this section is to provide, in the modifications are intended. the case of a commercial planned unit de- 3. All application procedures shall be as velopment consisting of two and one-half required by the subdivision provisions (2.5) or more acres and in the case of a res- of this Code. idential planned unit development of five (5) or more acres, an added degree of flex- 4. Compliance with the village compre- ibility in the placement and interrelation- hensive plan is required. ship of the buildings and uses within the 5. Land covered by the development plan planned unit development, together with the shall be platted concurrently with final implementation of new design concepts. At approval of the development plan. the same time the intensity of land use, 6. The fee for filing an application for a density of population and amounts of light, planned unit development shall be one air, access and required open space will be hundred dollars .($100.00) per acre for maintained for the zoning district in which each acre contained within the bound- the proposed project is to be located. The ary of the development plan, plus apro- village council hereby determines that the rated amount of the per acre fee for regulations pertaining to intensity of land any portion of the development plan use, density of population and required open which exceeds evenly divisible acre- space are the minimum requirements for the protection and promotion of the public age. health, safety and general welfare. Noth- 7. The final approved development plan ing herein should be construed as allowing shall include the plat drawings and nec- deviation for uses other than those sped- essary submittals demonstrating ac- fied as permitted uses, nor any greater den- ceptability of all factors and standards sity of population nor any less required open evaluated in subsection IV(A). space than that which is specified in this 8. All dwelling unit sizes, parking crite- chapter for the zoning district in which a ria and building site coverage must proposed project is to be located. meet the requirements of the zoning B. Subject to the foregoing statement of in- code for each type of proposed use. tent, the village council may, in the case of 9. All land included for the purpose of de- commercial and residential planned unit de- velopment within a planned unit de- velopments, allow for minor modifications velopment .shall be owned or under the of the provisions of this chapter in actor- unified control of the applicant for such dance with the procedure set forth in sub- zoning designation, whether the appli- sections II, III, IV and V. cant is an individual, partnership, cor- Sapp. No. s 2506.3 § 45-35.1 NORTH PALM BEACH CODE poration, trust or group of individuals, III. 1Zeferral to planning commission. The vil- partnerships, trusts or corporations. lage council shall refer each application for a The applicant shall present satisfacto- planned unit development to the planning com- ry evidence of the unified control of the mission for study and recommendation. entire area by applicant within the pro- posed planned unit development and IV. Action of planning committee [commission.] shall state agreement that, if he pro- A. After a study of an application. for a planned ceeds with the proposed development, unit development and the required public he will: hearing, the planning commission shall a. Do so in accordance with the offi- make a recommendation to the village coun- cially approved development plan cil to approve, approve as modified, or re- and such other conditions or mod- ject the application based upon the follow- ifications as may be attached to the ing standards: conditional use. 1. The proposed use or uses shall be of b. Provide agreements, covenants, such location, size and character as to contracts, deed restrictions or sure- be in harmony with the appropriate and ties acceptable to the village coun- orderly development of the zoning dis- cil, both for completion of the un- tract in which situated and shall not be dertaking in accordance with the detrimental to the orderly development adopted development plan, and of adjacent zoning districts. also for the continuing operation 2. The location and size of the proposed and maintenance of areas, func- use or uses, the nature and intensity of tions and facilities which the plan the principal use and all accessory uses, shows are not to be operated or the site layout and its relation to streets maintained at general public ex- giving access to it, shall be such that pense. traffic to and from the use or uses, and c. Bind his development successors in the assembly of persons in connection title to any commitments made un- therewith, will not be hazardous or fin- der subsections a. and b., preced- convenient to the neighborhood nor con- ing. flict with the normal traffic of the neigh- 10. Any tract of land for which a planned borhood. In applying this standard, the unit development is made shall con- commission shall consider, among oth- tain sufficient width, depth and front- er things: convenient routes for pedes- age on a public dedicated arterial or trian traffic, particularly of children; the major street or appropriate access relationship of the proposed project to which will accommodate the proposed main traffic thoroughfares and to street use and design. and road intersections; and, the gener- al character and intensity of the exist- 11. In the event any building or structure ing and potential development of the built under this section is destroyed or neighborhood. In addition, where ap- removed by or for any cause, said build- propriate, the commission shall deter- ing or structure, if replaced, shall be mine that noise, vibration, odor, light, replaced with a building or structure of glare, heat, electromagnetic or radioac- similar size and type not exceeding the tive radiation, or other external effects, dimensions of the original building or from any source whatsoever which is structure. The developer shall include connected with the proposed use, will the appropriate deed restrictions and/ not have a detrimental effect upon or covenants so as to require replace- neighboring property or the neighbor- ment as outlined above. ing area in general. Supp. No. 9 2506.4 APPENDIX C-ZONING § 45-35.2 3. The location and height of buildings, VI. Effect of approval of village council. The ap- thelocation, nature and height of walls proval of the application by the village council and fences, and the nature and extent shall allow the building official to issue a building of landscaping of the site shall be such permit in conformity with the application as ap- that they will not hinder or discourage proved. This permit shall specify with particular- the proper development and use of ad- ity the exact modifications to the provisions of this jacent land and buildings nor impair chapter which have been approved. The holder of the value thereof. this permit may then proceed with his project in 4. The standards of density and required conformity with said permit. No deviations from open space in the proposed project are the conditions of the permit shall be allowed ex- at least equal to those required by this cept those which shall be in conformity with the ordinance in the zoning district in which basic provisions of this ordinance as they apply to the proposed project is to be located. the zoning district in which the project is located. 5. There shall be no uses within the pro- (Ord. No. 23-79, § 1, 10-25-79; Ord. No. 16-87, § 1, posed project which are not permitted 10-22-87) uses in the zoning district in which the proposed project is to be located. dec. 45-35.2. C-®S conservation and open Exception: A mixed use occupancy may be space district. allowed if the existing zoning district usage A. Intent. The intent of this section is to pro- fs commercial. The mixed usage occupancy vide for land uses and activities within land areas shall only be residential and mercantile or designated for the primary purpose of conserving residential and business. or protecting natural resources of environmental B. The commission may recommend such quality. changes or modifications in the proposed B. Uses permitted. Within any part of the COS plan as are needed to achieve conformity to conservation and open space district, no building, the standards as herein specified. The rea- structure, land or water shall be used, except for sons for the changes or modifications shall one or more of the following uses: be included in the recommendation. C. The commission shall not recommend the 1. Passive recreation. project unless it finds that all of the stan- 2. Flood control. dards as herein specified have been met. If 3. Protection of quality or quantity of ground there are minor modifications to the provi- water or surface water. sions of this chapter, the commission may recommend its approval at the same time. 4. Floodplain management. It shall also, where it deems appropriate 5. Fisheries management. and necessary, recommend to the village council those conditions to be imposed upon 6. Protection of vegetative community orwild- the project, its operation, or both, that are life habitats. needed to assure adherence to the afore- 7. Residential and administrative buildings for said standards. the protection of the C-OS district. V. Action of village council. The village council, g. Single-family dwellings with accessory upon the receipt from the planning commission of buildings customarily incident thereto. the report on the planned unit development and . the minor modifications to the provisions of this a. Building height regulations. No main chapter may, after the required public hearing, building shall exceed two (2) stories in approve or reject such project and modifications, height and no accessory building more incorporating with an approval such conditions as than one (1) story. the council deems appropriate. The approval shall b. Building site area regulations. The min- be by ordinance. imum lot or building site for each sin- Supp. No. 9 2506.5 45-35.2 NORTH PALM BEACH CODE gle family dwelling shall be one (1) acre of upland area and have at least one lot dimension, width or length, of a min- . imum of 150 feet. c. Yard space regulation. No building or portion thereof shall occupy a position fifty (50) feet or less from the upland/ wetland boundary of the property. C. Coastal zone protection. The Village of North Palm Beach adopts, by reference, the Palm Beach County Coastal Protection Ordinance No. 90-2 in its entirety. (Ord. No. 20-90, § 2, 6-28-90; Ord. No. 25-90, § 1, 6-28-90; Ord. No. 24-91, § 1, 7-11-91) Sec. 45-36. General provisions. The provisions of this article shall be subject to the following provisions and exceptions: A. Chimneys, water tanks, radio or television towers, church spires, elevator lofts, flag- poles and parapet walls may be erected above the height limits herein established. A-T. No addition to any building and no struc- ture or object shall be erected, placed or maintained or built to a height which ex- ceeds four (4) stories or sixty (60) feet where any portion of said building or of the prop- erty upon which it is located is within five hundred feet of any R-1, single-family dwell- ing district. B. Swimming pools shall be set back at least seven and one-half (7~/2) feet from the back property line measured from the rim of the pool and not less than five (5) feet from the side property line including the two-and- one-half-foot walk around the pool. The highest projection of the swimming pool shall not exceed two (2) feet. Outdoor fire- places not exceeding six (6) feet in height maybe erected and maintained, said struc- ture, however, shall not be erected within five (5) feet of any rear lot line. (a) Swimming pools may be enclosed by screening provided same are not erect- edcloser than five (5) feet from the side and rear yard lines. i Supp. No. 9 2506.6 STATUTORY I~,EFEB,ENCE 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, § 36- 205.053 17-20 10 205.192 1?-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. 1V, § 21-1 36-29.1 21-11 337.401(3) 28-3 21-43, 21-44 342.03 Ch. 5 App. B, Art. I, § 36- ch. 373 19-200 2, App. B, Art. I, § ch. 380 21-44 36-4 App. B, Art. II, § 36- App. B, Art. II, § 36- 10 16 380.04 21-103 App. B, Art. VI 393 App. C, § 45-2 163.161 et seq. 21-O1 ch. 394 App. C, § 45-2 ch. 163.170, App. B, Art. II, § 36- ch. 400 App. C, § 45-2 §163.3164(17) 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. 24 553.73 6-154 Ord. No. 2478 § 3 11-i1 166.021 Ch. 17, Art. II 553.73(2) 6-2 166.221 17-34 561.01 3-1 166.231 Ch. 26, Art. III 561.01 et seq. Ch. 3 ch. 170 21-2 563.01 3-1 170.01 Ch. 24 564.01 3-1 ch. 175 2-167 565.01 3-1 175.101 26-17 633.35 2-159 ch. 177 App. B, Art. I, § 36-2 ch. 650 Ch. 2, Art. V, Div. 2 App. B, Art. II, § 2-136 36-8 650.02 2-136 App. B, Art. II, § 36- ch. 760 App. C, § 45-2 15 870.041-870.048 8-16 App. B, Art. IV, § 872.05 2-104 36-27 943.14 2-159 ch. 185 2-167 943.25(13) 1-9 185.08 26-16 203.012 26-51 203.012(5)(b) 26-51 ch. 205 Ch. 17, Art. II [The next page is 2869] Supp. No. 9 2819 'i i C I CODE COMPARATIVE TABLE-ORDINANCES Adoption Section Ord. ~To. 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, § 45-20 791 3-14-91 1 App. C, § 45-36 16-91 4-11-91 1-12 2-170-2-170.11 17-91 4-25-91 1 2-174(a) 19-91 5-23-91 2 11-11 20-91 5-23-91 1 6-20 21-91 5-23-91 1(1)-{7) 12-101-12-107 23-91 6-27-91 1 Readopting Ordi- nance, p. ix 24-91 7-11-91 1 App. C, § 45- 35.2(B)(8) 33-91 10-24-91 1 9-21(c), (d) 34-91 11-14-91 1 14-30(b) 1-92 2-13-92 1-6 2-159-2-164 7 Rpld 2-165 8 2-166 9 Rpld 2-167 10 Added 2-167 11, 12 2-168, 2-169 3-92 2-27-92 1, 2 15-1, 15-2 5-92 4-23-92 1-6 20-61-20-66 6-92 5-28-92 I-VIII 21-101-21-108 8-92 6-25-92 1 18-34.1 13-92 9-10-92 1, 2 12-16, 12-17 14-92 9-10-92 2 6-17 3 Rpld 6-20 16-92 9-24-92 1 26-29 18-92 10-22-92 1 14-30 4-93 1-14-93 1 2-149(c) 8-93 2-11-93 1 21-70 9-93 3-11-93 1 Rpld 10-58(b) 11-93 4-22-93 1 19-207-19-219 13-93 5-13-93 1, 2 9-21, 9-22 14-93 6-10-93 1 19-208 18-93 7-22-93 1 9-17 2 9-19 20-93 9- 9-93 1 6-18 21-93 9- 9-93 1 6-18 23-93 9-23-93 1 26-29 24-93 10-14-93 1 Rpld 6-111-6-138 2 Added 6-111-6-117 25-93 10-14-93 1 18-34.1 27-93 12- 9-93 1 18-35 1-94 1-13-94 1, 2 17-1 2-94 2-10-94 1, 2 16-22, 16-23 5-94 3-10-94 1 6-117(I) 7-94 4-14-94 1 App. C, § 45-33(E)(9) 9-94 6- 9-94 1 2-146 2 2-148(e) 13-94 8-11-94 1 6-111(G)(2) 2 6-113(B)(231 3 6-115(C)(2) 14-94 8-11-94 2 I1-11 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. 9 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 6=95 3= 9-95 1 2-161(d7 8-95 3-23-95 1 ~ App. C, § 45-34.1 10=95 3-23=95 1 App. C, § 45x2 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 [The next page is 2933] Supp. No. 9 2884 CODE Il~EX Section Section A ALARMS-Contd. ABANDONMENT Service charge; collection 19-213 Fire division equipment; fire alarm system 12-53 Abandoned, inoperative and junked proper- Fire sprinkler systems; automatic ty 14-37 et seq. C-3 Regional Business District......... 45-34.1(9) See: GARBAGE AND TRASH Identification required 19-215 Boats System standards 19-219 Boat launching area; abandoned boats and Telephone trunk lines equipment 5-36, 5-37 Interference with public safety depart- Generally 5-8 ment telephone trunk lines prohibit- Dogs,other animals 4-10 ed................................ 19-215 ACTS BY AGENTS Violation and penalty 19-214 Definitions and rules of construction 1-2 Zoning; fire sprinkler systems; automatic C-3 Regional Business District 45-34.1(9) ADMINISTRATIVE CODE Bonds required of certain officers 2-42 ALCOHOLIC BEVERAGES Definition 2-39 Consumption on playgrounds and public Departmental organization 2-40 parks............................... 3-3 Oaths of office Sales restricted; hours of sale 3-2 Chief administrator and officers, form of State law definitions adopted 3-i oath 2-41(b) AMBULANCES Members of department of public safety, Definition 17-50 form of oath 2-41(c) Unlawful operation...................... 17-51 Persons required to take oath of office 2-41(a) Policy and procedures AMUSEMENTS AND AMUSEMENT PLAC- Department heads 2-43(b) ES Departments 2-43(c) Coin-operated amusements; proximity to Officers 2-43(a) schools restricted.................... 19-4 ADVERTISING AND, OR Handbills; distribution restricted 19-7 Definitions and rules of construction 1-2 Noise control policy re loudspeakers and de- vices for advertisin 19-105 ANIMALS AND FOWL g Abandonin 4-10 Signs and outdoor displays 6-111 et seq. g " " " " " " " " " " " " " " ' See: SIGNS AND BILLBOARDS Birds Molesting songbirds 4-9 AFFIDAVITS Village designated bird sanctuary; hunt- Home occupations; occupational licenses ing prohibited 4-2 Affidavit of applicant required.......... 17-2(e) Cats. See herein: Dogs and Cats Code enforcement board, applicability re 2-173 AFFIRMATION. See: OATH,AFFIRMATION, Contagious diseases, animals with........ 4-11 SWEAR OR SWORN Cruelty to animals 4-7 AGREEMENTS. See: CONTRACTS AND Definitions 4-1 AGREEMENTS Dogs and cats Collar and tag ALARMS Required 4-25 Alarm business central office required 19-215 Unauthorized removal 4-26 Alarm permit required 19-208 Impoundment Application for 19-209 Disposition upon owner's failure to re- Issuance 19-211 deem 4-30(d) Terms; fees; nontransferable 19-210 Notice 4-30(b) Audible alarms 19-216 Redemption by owner................ 4-30(c) Code enforcement board, enforcement Required 4-30(a) ' through 19-217 Inoculation 4-24 Definitions 19-207 Prohibited in certain areas; exceptions.. 4-27 Exemptions 19-218 Rabies control. See herein that subject False alarms Registration 4-24 Excessive false alarms declared public nui- Running at large sance 19-212 Cats................................ 4-28(c) Supp. No. 9 2935 NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL-Contd. ARCHAEOLOGICAL SITE PROTECTION- Dogs on property of others 4-28(b) Contd. 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 re- Cost 21-106 moval of waste 4-31 Definitions.............................. 21-103 Waste-removal implements, persons Hearing 21-108 walking dog to carry 4-32 Intent.,................................ 21-101 Enforcement Purpose 21-101 General enforcement 4-5 Violations and penalties 21-108 Hindering enforcement 4-4 Fight, causing animals to 4-8 ASSEMBLIES Keeping certain animals prohibited; excep- Civil disorders and disturbances; mayor des- tion 4-6 ignated local authority for preservation Killin 4-3 of public peace...................... 8-16 g Molesting songbirds or domestic pets 4-9 Park and recreation area; meetings and Noise control policy re animal noises...... 19-107 gatherings 20-22 et seq. Nuisances, animals creatin 4.12 See: PARKS, PLAYGROUNDS AND REC- g" ' REATION Poisoning 4-3 Rabies control ATLANTIC OCEAN Death or destruction, reporting......... 4-46 Bulkheads and seawalls; regulations gov- Muzzles; when required 4-45 erning construction.................. 5-84 Rabid animals Confinement 4-43 Duty to report; impounding 4-44 B Nuisance, declared 4-42 BATHING ANNEXATION Diseased persons prohibited from bathing Planning and development; filing fees and in public pools, etc 19-3 cost for voluntary annexation of land . 21-2 BICYCLES APPEARANCE PLAN (Appendix A) Park regulations 20-6 Subdivisions, required improvements re (Note-Section citations contained herein re- bikeways 36-29.1 fer to section citations found within Ap- pendix A) BILLBOARDS. See: SIGNS AND BILL- Administration V BOARDS Areas of jurisdiction III Basis I BIRDS. See: ANIMALS AND FOWL Criteria for appearance BLOCKS Building and site to adjoining area, rela- Subdivision design standards 36-18 tionship of PJ(B) Building design IV(D) BOARDS, COMMITTEES AND COMMIS- Buildings to site, relationship of........ IV(A) SIGNS. See: DEPARTMENTS AND OTH- Evaluation, factors for IV(H) ER AGENCIES OF VILLAGE Landscape and site treatment N(C) Maintenance-planning and design factors IV(G) BOATS, DOCKS AND WATERWAYS Miscellaneous structures and street hard- Abandoned boats 5-8 ware IV(F) Authority of city to board boats violating Signs N(E) provisions........................... 5-16 Definitions . VIII Boat launching area Maintenance for good appearance Abandoned boats and equipment Buildings and appurtenances........... VII(B) Disposition 5-36 Public property VII(C) Recovery............................ 5-37 Site VII(A) Designated; use restricted.............. 5-33 Participation and incentives VI Permits required 5-35 Statement of policy II Repairs prohibited..................... 5-34 Bulkhead lines 7-1 et seq. ARCHAEOLOGICAL SITE PROTECTION See: BULKHEAD LINES Appeals 21-107 Coastal construction code................ 6-151 et seq. Applicability 21-102 See: COASTAL CONSTRUCTION CODE Supp. No. 9 2936 CODE INDEX Section Section BOATS, DOCKSAND WATERWAYS-Contd. BOATS, DOCKS AND WATERWAYS-Contd. Code enforcement board, applicability re 2-173 Running engines, hours in residential dis- Construction requirements tricts 5-14 Bulkheads and seawalls Searchlights, use of 5-7 Compliance with provisions required.. 5-69 Speed limits; wakes 5-2 Inspection required 5-73 Subdivision provisions re waterways.:.... 36-22 et seq. Permit fee 5-72 See: SUBDIVISIONS (Appendix B) Specifications 5-71 Swimming in restricted waters 5-3 Submission of plans and specifications 5-70 Water skiing 5-5 Canals BOISTEROUS CONDUCT Canal crossings 5-60 Noisy and boisterous 19-106 Compliance with provisions required.. 5-56 Drainage canals 5-59 BONDS General requirements 5-57 Administrative code; bonds required of cer- Navigation canals 5-58 tain officers 2-42 Surety bond prerequisite to issuance of Canal construction; surety bond prerequi- building permit in certain cases 5-61 site to issuance of building permit 5-61 Docks and piers Finance director, duties re 2-59(7) Construction in waters other than Lake Treasure's duties re proceeds of bonds 2-51(5) Worth and Atlantic Ocean, regula- Village manager 2-117 tions governing 5-84 BRUSH. See: WEEDS AND BRUSH Definitions 5-81 Generally 5-82 BUILDINGS Lake Worth and Atlantic Ocean, regu- Appearance code lotions governing construction in . 5-85 Appeals and review 6-35 Minimum design requirements....... 5-83 Appearance plan 6-33 Variances 5-86 Certificate of appropriateness Erosion control structures Final hearings 6-57 Construction 5-95 Follow-up by building inspector 6-60 Control 5-96 Planning commission Definitions 5-93 Action of.......................... 6-58 Permitted, when 5-94 Approval by....................... 6-59 Piers. See within this subheading: Docks Preliminary consideration............ 6-56 and Piers Definition 6-31 Seawalls. See within this subheading: Intent and purposes 6-32 Bulkheads and Seawalls Planning commission, powers and duties Definitions 5-1 re................................ 6-36 Disturbing other boats 5-6 Short title 6-30 Exhibition boats exempted from certain re- Appearance plan (AppendixA). See that sub- strictions 5-4 ject Flood damage prevention provisions 12.5-1 et seq. Coastal construction code 6-151 et seq. See: FLOOD DAMAGE PREVENTION See: COASTAL CONSTRUCTION CODE Health and sanitation requirements Code enforcement board, applicability re 2-173 Cleanliness of docks 5-11 Codes Observance of village health and conduct Adopted 6-17 rules 5-10 Amendments and additions 6-18 Pollution of waterways 5-13 Appearance code. See herein that subject Refuse disposal 5-12 Coastal construction code.............. 6-151 et seq. Living aboard boats restricted............ 5-15 Electrical code 11-11, 11-12 Marine sanctuaries Energy efficiency building code 6-150 Designation of waters as marine sanctu- Fire prevention code 12-16, 12-17 aries Housing code 15-1, 15-2 Area to be regulated 5-101(c) Country club............................ 9-1 et seq. Areas designated 5-101(b) See: COUNTRY CLUB Construction of provision 5-101(d) Electrical code 11-11, 11-12 Definition 5-101(a) Energy efficiency building code Parking Adopted by reference 6-150 Boating equipment; parking on residen- Fire district 6-3 tial property restricted 18-35 Flood damage prevention 12.5-1 et seq. Private docks, mooring without permission 5-9 See: FLOOD DAMAGE PREVENTION Supp. No. 9 2937 NORTH PALM BEACH CODE Section Section BUILDINGS--Contd. BUSINESS REGULATIONS-Contd. Handicapped persons Compliance by principal deemed compli- Accessibility to buildings; state law adopt- ante by agent 17-34.8 ed 6-2 Delinquency penalty................... 17-34.4 Housing code 15-1, 15-2 Doing business not covered by certificate Landscaping 27-31 et seq. of regulation 17.34-7 See: LANDSCAPING Duplicate certificates of regulation...... 17-34.6 Minimum construction standards Duration 17-34.3 Authority 6-16 False statements Codes adopted 6-I7 Certificate obtained void ab initio..... 17-34.7 Amendments and additions 6-18 Engaging in business without certifi- Violations and penalty 6-19 cote of regulation or under certifi- Missiles,throwing 19-83 cateissued on................... 17-34.11 Noise from building 19-102 Fee exemptions 17-34.10 Obstructing passageway 19-47 Fee schedule.... 17-34.12 Outdoor displays. See herein: Signs and Out- Half-year certificate 17-34.3 door Displays .Issuance of certificate 17-34.3 Park and recreation facilities; erecting build- Noncompliance of principal 17-34.8 ings or structures 20-3 Nonprofit enterprise, special permit for . 17-34.5 Public land, construction on prohibited.... 6-1 Refund of fee 17-34.9 Public services department; division of per- Registration required 17-34.1 mits and inspections 2-85(1) Renewal.............................. 17-34.4 Signs and outdoors displays 6-111 et seq. Suspension or revocation of certificate 17-34.9 See: SIGNS AND BILLBOARDS When due and payable 17-34.3 Smoke, dust, odors, liquids, etc........... 19-9 Garage and other sales 17-61 et seq. Spitting in public places prohibited 19-5 See: GARAGE AND OTHER SALES Stormwater management; level of finished Home occupations 17-2(a) et seq. floor of structures 21-63 See: HOME OCCUPATIONS Subdivision regulations 36-1 et seq. Occupational licenses . ~ 17-16 et seq. t\ See: SUBDIVISIONS (Appendix B) See: LICENSES AND PERMIT Swimming pools 25-1 et seq. Wellfield protection See: SWIMMING POOLS Regulation of business activities with po- Zoning regulations 45-1 et seq. tential to contaminate land and wa- See: ZONING (Appendix C) ter resources 19-221 BULKHEAD LINES Code enforcement board, applicability re 2-173 C Established; designated 7-1 CABLE TELEVISION. See: TELEVISION Filling operation beyond bulkhead line pro- hibited 7-2 CAMPING Filling permit Recreational, boating and camping equip- Application fees 7-19 went; parking on residential property Application;issuance 7-18 restricted........................... 18-35 Expiration date; renewal; revocation 7-20 Public hearing prerequisite to consider- CANALS ation 7-17 Construction requirements............... 5-56 et seq. Required 7-16 See: BOATS, DOCKS AND WATERWAYS Unlawful fill; removal 7-3 CATS BULKHEADS Regulations enumerated 4-24 et seq. Bulkheads and seawalls, construction re- See: ANIMALS AND FOWL quiremerits re 5-69 et seq. See: BOATS, DOCKS AND WATERWAYS CERTIFICATES Appearance code; certificate of appropriate- BUSINESS REGULATIONS ness 6-56 et seq. Ambulances 17-50, 17-51 See: BUILDINGS Businesses located outside village limits Businesses located outside village limits, cer- Application for certificate of regulation.. 17-34.2 tificate of business regulations re 17-34 et seq. Certificate of businessregulationrequired; See: BUSINESS REGULATIONS basis of one year 17-34 Historic site overlay district; certificate of Commercial vehicles, marking of 17-34.13 appropriateness 45-37(H) i Supp. No. 9 2938 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 clerk and deputy village clerk 2-67 et seq. criminal justice education expendi- 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 ordinanc- es 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, structur- PARTMENTS AND OTHER AGENCIES al 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: TAXATION See: FLOOD DAMAGE PREVENTION 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(x) Management and administration 9-21(a) Reduction of fine 2-178(c) Rules and regulations 9-21(b) Hearing, conduct of 2-176 Meetin s 9-20 Notices 2-180 Officer g 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 which Signs 9-2 are to be found in the preliminary pages of this volume. Violations and penalties 9-2 Supp. No. 9 2939 NORTH PALM BEACH CODE ~ Section Section COUNTY DISTRICTS Definitions and rules of construction 1-2 Fire districts 6-3 Zoning regulations 45-16 et seq. COURTS See: ZONING (Appendix C) Court cost Assessment of additional court costs for DISTURBANCES. See: CIVIL DISORDERS criminal justice education expendi- AND DISTURBANCES tures 1-9 DOCKS. See: BOATS, DOCKS AND WATER- WAYS D DOCUMENTS AND PUBLIC RECORDS DEPARTMENTS AND OTHER AGENCIES Department of records OF VILLAGE Deputy village clerk Administrative code 2-39 et seq. Appointment........................ 2-68 See: ADMINISTRATIVE CODE Duties 2-69 Appearance board. See: APPEARANCE Village clerk; duties PLAN (Appendix A) Election records, keeping 2-67(5) Code enforcement board 2-171 et seq. Expiration of term, notice o£ 2-67(7) Committees and boards generally;residen- Official seal, keeping 2-67(8) cy requirements 2-1 Record ordinances................... 2-67(3) Country club administrative board........ 9-16 et seq. Village council See: COUNTRY CLUB Keep records of council 2-67(2) Finance, department of 2-59 Public council action............... 2-67(4) See: FINANCES Serve as clerk of council 2-67(1) Fire and police retirement board of trustees 2-164 et seq. Vital statistics, keeping 2-67(6) See: PENSIONS AND RETIREMENT Police division, duties re records.......... 2-76(b)(1) Fire division 12-29 et seq. Treasurer's duties re examination of depart- See: FIRE PREVENTIONAND PROTEC- mental books 2-51(2) TION Village clerk and deputy village clerk. See General employees retirement board...... 2-151 et seq. herein: Department of Records See: PENSIONS AND RETIREMENT Library board 16-16 et seq. DOGS Library, department of 2-93 Regulations enumerated........,......... 4-24 et seq. Planning and development board of adjust- See: ANIMALS AND FOWL went 21-21 DRAINAGE Planning commission 21-11, 21-12 Public safety, department of 2-75, 2-76 Stormwater management 21-61 et seq. i See: PUBLIC SAFETY DEPARTMENT See: STORMWATER MANAGEMENT Public sexvices, department of............ 2-84, 2-85 Subdivision design standards re easements See: PUBLIC SERVICES DEPARTMENT and rights-of-way 36-22(b) Records, department of 2-67 et seq. Zoning; surface water management See: DOCUMENT AND PUBLIC C-3 B.egional Business District 45-34.1(8) RECORDS DROUGHT Recreation department 2-110 Water shortage emergencies.............. 19-200 et seq. Recreation advisory board 20-61 et seq. .See: WATER SHORTAGE EMERGEN- See: PARKS, PLAYGROUNDS AND CIES RECREATION Reserve police force 23-42 et seq. See: POLICE E Treasury department of 2-51 ELECTIONS See: TREASURY DEPARTMENT Ballots Village council 2-16 et seq. Direction for preparation............... 10-8 DEVELOPMENTS. See: PLANNING AND Public measure 10-10 DEVELOPMENT Specifications; general and runoff elec- tions 10-9 DISABLED AND )-IANDICAPPED PERSONS Candidacy Buildings Candidates for office; qualifying 10-5 Accessibility to handicapped persons; state Preservation of notice of candidacy 10-6 law adopted 6-2 Clerks. See herein: Inspectors and Clerk Parking violations re handicap spaces 18-37 General elections, notice of 10-3 Supp. No. 9 2940 CODE INDEX Section Section ELECTIONS-Contd. EROSION CONTROL STRUCTURES Inspectors and clerk Construction regulations 5-93 et seq. Appointment 10-58 See: BOATS, DOCKSAND WATERWAYS Compensation 10-61 Filling vacancy 10-60 EXCAVATIONS Good order, duty to maintain and report Bulkhead lines 7-1 et seq. violations 10-62 See: BULKHEAD LINES Instruction prior to election 10-64 Stormwater management 21-61 et seq. Oath required 10-59 See: STORMWATER MANAGEMENT Organization 10-63 Street excavations....................... 24-16 et seq. Polling place See: STREETS, SIDEWALKS AND PUB- Designated 10-76 LIC PLACES Policeman to be present 10-77 EXCRETA Protest of election returns; inspection by can- Dog waste, removal provisions re 4-31, 4-32 vassing board 10-12 Special elections Notice of 10-4 When held 10-2 .FENCES, WALLS, HEDGES AND ENCLO- State laws SURES , Applicable state laws adopted 10-1 Landscaping 27-31 et seq. Voting machines may be used; state law See: LANDSCAPING applicable 10-7 Swimming pool requirements 25-37, 25-38 Village clerk, duties re keeping election records 2-67(5) FINANCES Village council to constitute canvassing Budget procedures 2-2 board 10-11 Country club, provisions re............... 9-21(c), 9-32 Voting machines maybe used; state law ap- Court cost plicable 10-7 Assessment of additional court costs for criminal justice education expendi- ELECTRICAL CODE tures 1-9 Amendments, corrections, additions....... 11-12 Department of finance Code and county amendments adopted.... 11-11 Finance director; duties Code enforcement board, applicability re 2-173 Audit accounts 2-59(1) ELECTRICITY Budget duties 2-59(4) Swimming pools; electrical equipment 25-8 Certify contracts 2-59(3) Custodian of bonds, contracts, etc..... 2-59(7) ELECTRONIC AUDIO EQUIPMENT Financial statements 2-59(5) Noise control 19-104 Keep accounts....................... 2-59(6) Prescribe form 2-59(2) EMERGENCIES Pensions and retirement. See also that sub- Ambulances 17-50, 17-51 ject Civil disorders and disturbances Length of service award plan for volun- Mayor designated local authority for pres- teer firefighters 2-170 et seq. ervation of public peace 8-16 Pension and certain other benefits for fire Fire division 12-29 et seq. and police employees 2-159 et seq. See: FIRE PREVENTIONAND PROTEC- Pension and certain other benefits for gen- TION eral employees 2-146 et seq. Water shortage emergencies 19-200 et seq. Planning and development; filing fees and See: WATER SHORTAGE EMERGEN- cost for changes 21-1, 21-2 CIES Social security 2-136 et seq. EMPLOYEES. See: OFFICERS AND EM- See: SOCIAL SECURITY PLOYEES Taxation. See that subject Treasury, department of 2-51 ENCLOSURES. See: FENCES, WALLS, See: TREASURY DEPARTMENT - HEDGES AND ENCLOSURES FINES, FORFEITURES AND OTHER PEN- ENERGY EFFICIENCY BUILDING CODE ALTIES Adopted by reference 6-150 Code enforcement board; fines and liens... 2-178 Code of ordinances, provisions re general ENGINE EXHAUST penalty and continuing violations..... 1-8 Noise control policy 19-108 Parking violation........................ 18-37, 18-38 Supp. No. 9 2941 NORTH PALM BEACH CODE Section Section FINES, FORFEITURES AND OTHER PEN- FIREARMS AND WEAPONS-Contd. ALTIES-Contd. Sales restricted Pension and certain other benefits for fire Record of sales required 19-185(c) and police employees Specified weapons, display and sale of 19-185(b) Board of trustees for; forfeiture of mem- Switchblade knives prohibited.......... 19-185(a) bership on board for absenteeism... 2-164(b) Stench bombs prohibited 19-82 Contributions; forfeitures 2-163(d) See: STENCH BOMBS FIRE DISTRICT FLOOD DAMAGE PREVENTION Property within village designated........ 6-3 Abrogation and greater restrictions....... 12.5-8 Areas of special flood hazard I; FIRE PREVENTION AND PROTECTION Basis for establishment 12.5-7 Code enforcement board, applicability re 2-173 Warnings regarding designations 12.5-10 Department of public safety, provisions re Building official fire division 2-76(c) Designated as flood damage control ad- See: PUBLIC SAFETY DEPARTMENT ministrator 12.5-21 Fire division Duties and responsibilities 12.5-23 Composition 12-30 Definitions.............................. 12.5-5 Created; functions 12-29 Development permit Emergency medicaltechnicianvolunteers 12-32 Required 12.5-22 Equipment Findings of fact 12.5-2 Acquisition 12-52 Flood hazard reduction provisions Fire alarm system 12-53 Coastal high hazard areas 12.5-44 Generally 12-51 General standards Housing 12-54 Anchoring 12.5-41(1) Private use of equipment 12-55 Construction materials and methods.. 12.5-41(2) Tampering with equipment 12-56 Enclosures below lowest floor......... 12.5-41(6) Impersonating fireman 19-8 Mechanical and utility equipment 12.5-41(5) Motor equipment and members' cars des- Subdivision proposals 12.5-41(4) ignated emergency vehicles 12-31 Utilities 12.5-41(3) \ Personnel Regulatory floodways 12.5-43 Badges 12-41 Sand dunes and mangrove stands 12.5-45 Car insignia 12-42 Specific standards Other officers accountable to chief 12-39 Nonresidential construction 12.5-42(2) Police assistance 12-43 Residential construction 12.5-42(1) Special police powers 12-40 Interpretation............ 12.5-9 Volunteer firefighters, length of service Lands to which provisions applies 12.5-6 award plan for 2-170 et seq. Methods of reducing flood losses 12.5-4 See: PENSIONS AND RETIREMENT Noncompliance, penalties for 12.5-11 Fire prevention code Statement of purpose and objectives 12.5-3 Adopted by reference 12-16 Statutory authorization.................. 12.5-1 Amendments 12-17 Variance procedure...................... 12.5-24 Hazardous substances, cost recovery for cleanup, abatement and removal of FLORIDA, STATE OF. See: STATE Authority of public safety department... 12-102 FOLLOWING, PRECEDING Cost reimbursement to village.......... 12-103 Definitions and rules of construction 1-2 Definitions 12-101 Exceptions for fire suppression services . 12-105 FORFEITURES. See: FINES, FORFEITURES Late fee for failure to reimbursement 12-106 AND OTHER PENALTIES Records 12-104 ~ Remedies 12-107 FOWL. See: ANIMALS AND FOWL Pension and certain ether benefits for fire and police employees 2-159 et seq. FRANCHISES See: PENSIONS AND RETIREMENT Enumerated. See Appendix D Zoning; fire sprinkler systems; automatic Use of rights-of--way for utilities 28-1 et seq. C-3 Regional Business District 45-34.1(9) See: UTILITIES FIREARMS AND WEAPONS G Concealed weapons, carrying 19-184 Forfeiture; disposition 19-186 GAMBLING Possession 19-183 Animals, causing to fight................. 4-8 Supp. No. 9 2942 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 proper- HAZARDOUS SUBSTANCES ty Recovery of costs for cleanup, abatement and Definitions 14-37 removal 12-101 et seq. Disposition of property 14-48 See: FIRE PREVENTION AND 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 ing in public pool, etc 19-3 Notice of removal 14-47 Boats, docks, etc., provisions re........... 5-10 et seq. Notice to remove 14-40 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 park and recreation facilities; failure to co- Public sale 14-50 operate in keeping restrooms neat or Removal of property from premises 14-46 sanit 20-2 ary Responsibility for removal 14-43 Rabies control........................... 4-42 et seq. Boats; refuse disposal 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 dispos- al fees and collection procedures.. 14-30 HEDGES. See: FENCES, WALLS, HEDGES Fee for excess amounts from commer- AND ENCLOSURES cial establishments 14-28 Generally 14-27 When and where paid 14-29 HITCHHIKING Definition 14-23 Prohibitions............................. 19-6 Frequency of collection 14-26 Garbage cans HOME OCCUPATIONS Kept covered 14-25 Definitions.............................. 17-2(b) Required 14-24 Effective date........................... 17-2(i) Landscaping; refuse container areas 27-41 Occupational licenses. See also that subject Public services department Generally 17-16 et seq. Refuse disposal division 2-85(5) Home occupation provisions Weeds and brush 14-79 et seq. Affidavit of applicant required........ 17-2(e) See: WEEDS AND BRUSH Appeals 17-2(g) Requirement of occupational license 17-2(c) GATHERINGS. See: ASSEMBLIES Permitted uses, home occupations as 17-2(a) 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(f) 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. 9 2943 NORTH PALM BEACH CODE Section Section I LANDSCAPING-Contd. IMPERSONATION Perimeter landscaping relating to abut- Impersonating police officer; fireman or oth- ting properties 27-64 Plant material er village official 19-8 Ground covers 27-62(e) IMPOUNDMENT Lawn grass 27-62(f) Abandoned, inoperative and junked proper- Quality 27-62(a) ty Shrubs and hedges 27-62(c) Redemption of impounded property 14-51 Tree species 27-62(b) Dogs and cats 4-30 Vines............................... 27-62(d) Required landscaping adjacent to public INDECENCY AND OBSCENITY ri hts-of-wa g Y 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 enforcement board, 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 d Applicable requirements 27-40(b) Exceptions 27-40(c) JOINT AUTHORITY Objectives 27-40(a) Definitions and rules of construction 1-2 Planning commission, submission of plans JUNK to 27-40(d) Abandoned, inoperative and junked proper- Objectives 27-32 14-37 et se Off-street parking landscape manual...... 27-38 ty ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ q~ Plot use plan approval prerequisite to issu- See: GARBAGE AND TRASH ante of permits for building and paving 27-37 Refuse container areas 27-41 ~ Scope; applicability 27-34 KNIVES. See: FIREARMS AND WEAPONS Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH L Zoning ordinance, conflict with 27-39 LAKE WORTH LIBRARY Bulkheads and seawalls; regulations gov- Damaging property unlawful 16-1 Department 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 liibited 6-1 Composition 16-17 ~ Planning and development 21-01 et seq. Established 16-16 t See: PLANNING AND DEVELOPMENT Meetings 16-23 Subdivision regulations . 36-1 et seq. Organization.......................... 16-21 See: SUBDIVISIONS (Appendix B) Powers and duties.... , 16-22 Qualifications 16-19 LANDSCAPING Removal from office 16-24 Accessways 27-36 Term of office 16-17 Appearance plan (AppendixA). See that sub- Vacancies 16-18 ject 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 Installation 27-60 Bulkhead lines; filling permit 7-16 et seq. Maintenance 27-61 See: BULKHEAD LINES F\ Parking area interior landscaping 27-65 Bulkheads and seawalls 5-72 Supp. No. 9 2944 CODE INDEX Section Section LICENSES AND PERMITS-Contd. .LICENSES AND PERMITS-Contd. Code enforcement board, applicability re 2-173 Street excavation permits 24-28, 24-29 Driveways. See herein: Sidewalk and Drive- Swimming pool construction permit....... 25-23, 25-24 way Permits Treasure's duties re permits and licenses.. 2-51(11) Flood damage prevention development per- Utilities mit 12.5-22 Use of rights-of--way for utilities; written Garage, related sales 17-62 permit............................ 28-2, 28-3 Home occupations. See also that subject Generally 17-16 et seq. LOTS Occupational license for home occupa- Subdivision design standards 36-18 tions 17-2(c) et seq. Zoning regulations 45-1 et seq. Noise control; special permits excepted.... 19-119 See: ZONING (Appendix C) Occupational licenses Application for 17-18 LOUDSPEAKERS Commercial vehicles, marking of 17-33.1 Noise control policy re loudspeakers and de- Compliance by principal deemed compli- vices for advertising 19-105 ance by agent 17-29 Delinquency penalty 17-20 Doing business not covered by license... 17-28 M Duplicate licenses 17-27 MANAGER. See: VILLAGE MANAGER Duration 17-19 False statements MANGROVE STANDS Engaging in business without license Flood damage prevention provisions 12.5-45 or under license issued on........ 17-32 License obtained by void ab initio 17-28 MAPS. See: SURVEYS, MAPS AND PLATS Half-year license 17-19 Home occupations. See also that subject MARINE SANCTUARIES Generally 17-16 et seq. Designated.............................. 5-101 Occupational license for home occu- pations 17-2(c) et seq. MAY, SHALL Issuance 17-19 Definitions and rules of construction...... 1-2 Noncompliance of principal 17-29 Nonprofit enterprise, special permit for . 17-22 MAYOR Posted or carried, license to be 17-26 Civil disorders and disturbances; mayor des- Refund of fee 17-30 ignated local authority for preservation Registration required 17-17 of public peace...................... 8-16 Renewal 17-20 Village council; presiding officer at meet- Required; basis of one year 17-16 ings................................ 2-18 Specified professions, how tax construed as to 17-21 MEASURES. See: WEIGHTS AND lYlEA- Suspension or revocation 17-30 SURES Tax exemptions 17-31 Tax schedule 17-33 MEETINGS. See: ASSEMBLIES Transfer of license MISSILES, STONES, ETC. New location 17-25 Throwing missiles....................... 19-83 New owner 17-24 Variable factors within applicant's knowl- MONTH edge, declaration where fee depends Definitions and rules of construction 1-2 on 17-23 When due and payable 17-19 MONUMENTS Park and recreation facilities; meeting and Subdivisions, required improvements re... 36-27 gathering permits 20-31 et seq. See: PARKS, PLAYGROUNDSAND REC- MOTOR VEHICLES AND TRAFFIC REATION Ambulances 17-50, 17-51 Public services department, division of per- Businesses located outside village limits; ' mits and inspections 2-85(1) marking of commercial vehicles 17-34.13 Seawalls. See herein: Bulkheads and Sea- Fire division, provisions re cars and desig- walls nated emergency vehicles 12-31 et seq. Sidewalk and driveway permits 24-55 et seq. See: FIRE PREVENTION AND PROTEC- See: STREETS, SIDEWALKS AND PUB- TION LIC PLACES Hitchhiking prohibited 19-6 Supp. No. 9 2945 NORTH PALM BEACH CODE Section Section MOTOR VEHICLES AND TRAFFIC-Contd. NOISE-Contd. Junked vehicles Noise control policy 19-100 Abandoned, inoperative and junked prop- Periods of observation 19-114 erty 14-37 et seq. Radios.................................. 19-104 See: GARBAGE AND TRASH Special permits excepted 19-119 Noise control policy, provisions re......... 19-103 et seq. Unnecessary, excessive or offensive noise See: NOISE Unlawful to make 19-101 Occupational licenses; marking of commer- Vehicle defect or condition of load......... 19-109 cialvehicles 17-33.1 Voluntary compliance.................... 19-115 Park regulations re traffic 20-5 Parking. See herein: Stopping, Standing and NORTH PALM BEACH, VILLAGE OF. See: Parking VILLAGE Public safety department NUDITY Police division, provisions- re traffic 2-76(b)(5) Topless costumes prohibited 19-64 Public services department Division of signal service 2-85(3) NUISANCES Stopping, standing and parking Abandoned, inoperative and junked proper- Parking restricted 18-34 ty.................................. 14-37 et seq. Recreational, boating and camping equip- See: GARBAGE AND TRASH went; parking on residential proper- Animals creating nuisances 4-12 ty restricted 18-35 False alarms Signs, parking in violation of........... 18-36 Excessive false alarms declared public nui- Violations;fines sauce 19-212 Article provisions 18-38 Rabid animals declared nuisance 4-42 Handicap spaces 18-37 Weeds and brush........................ 14-79 et seq. Vehicular operation See: WEEDS AND BRUSH Speed limits NUMBER Generally 18-16 Definitions and rules of construction 1-2 Specific streets 18-17 Weight limitations on certain roads..... 18-18 O MUSICAL INSTRUMENTS Noise control 19-104 OATH, AFFIRMATION, SWEAR OR SWORN Administrative code, provisions re oaths of office 2-41 N Definitions and rules of construction...... 1-2 NOISE Election inspectors and clerk; oath required 10-59 Animal noises 19-107 General employees retirement board; oaths Buildings, premises or property of office 2-154 Noise from . 19-102 Reserve police force; oath required........ 23-47 Code enforcement board, applicability re 2-173 OBSCENITY. See: INDECENCY AND OB- Conduct, noisy and boisterous 19-106 SCENITY Construction activity, permissible time for. 19-111 Definitions 19-99 OBSTRUCTIONS Electronic audio equipment 19-104 Passageways, obstructing 19-47 Enforcement Authority 19-116 OCCUPATIONAL LICENSES Procedure Regulations enumerated 17-16 et seq. All other noises 19-117(b) See: LICENSES AND PERMITS Motor vehicle noise enforcement, oper- OFFENSES ating 19-117(a) Definitions........ 19-1 Engine exhaust 19-108 Enumerated 19-3 et seq. Exemptions . 19-120 See also specific offenses as indexed Fixed mechanical equipment 19-112 State misdemeanors adopted............. 19-2 Horns and signal devices 19-103 Loading, unloading and unpacking 19-110 OFFICERS AND EMPLOYEES Loudspeakers and devices for advertising . 19-105 Administrative code 2-39 et seq. Measurement procedure 19-113 See: ADMINISTRATIVE CODE Musical instruments 19-104 Definitions and rules of construction...... 1-2 Noise control measurement standards oth- Elections. See also that subject er than motor vehicle noise standards 19-118 Generally 10-1 et seq. Supp. No. 9 2946 CODE INDEX Section Section OFFICERS AND EMPLOYEES-Contd. PARKS, PLAYGROUNDS AND RECRE- Inspectors and clerk 10-58 et seq. ATION-Contd. Finance director 2-59 Bicycles Impersonating village official 19-5 Operation in safe manner, etc........... 20-6(2) Librarian 2-93 Operation prohibited in certain areas... 20-6(1) Mayor 2-18, 8-16 Buildings or structure, erecting........... 20-3 Pensions and retirement. See also that sub- Department of recreation ject Director's duties Length of service award plan for volun- Conduct community activity.......... 2-110(2) teer firefighters 2-170 et seq. Supervise recreation areas........... 2-110(1) Pension and certain other benefits for fire Ejectment of violators 20-8 and police employees 2-159 et seq. Enforcement of provisions, responsibility.. 20-7 Pension and certain other benefits for gen- Hours regulated 20-1 eral employees 2-146 et seq. Meetings and gatherings Social security 2-136 et seq. Liability for loss or injury.............. 20-23 Public safety director 2-75 Permit Public services director 2-84 Appeal from refusal to issue.......... 20-35 Recreation director 2-110 Application 20-33 Social security 2-136 et seq. Form 20-32 See: SOCIAL SECURITY Issuance standards 20-34 Treasurer 2-51 Required............................ 20-31 Village clerk and deputy village clerk 2-67 et seq. Revocation 20-36 See: DOCUMENTS AND PUBLIC Rules and regulations, permittee bound RECORDS by 20-22 Village manager 2-115 et seq. Property used to violate provisions, confis- See: VILLAGE MANAGER cation of 20-9 Public services department OFFICIAL TIME Division of parks 2-85(2) Definitions and rules of construction 1-2 Recreation advisory board OPEN SPACES. See: YARDS AND OPEN Created 20-61 SPACES Duties 20-66 Meetings 20-65 OR, AND Officers' quorum, compensation......... 20-64 Definitions and rules of construction 1-2 Removal 20-63 Terms 20-62(b) ORDINANCES. See: CODE OF ORDINANC- Vacancies . 20-62(c) ES Restrooms, failure to cooperate in keeping OWNER neat or sanitary 20-2 Traffic Definitions and rules of construction...... 1-2 Enforcement of traffic regulations 20-5(2) Operation confined to roads 20-5(5) p Parking areas designated 20-5(6) Signs 20-5(3) PALM BEACH COUNTY. See: COUNTY Speed of vehicles 20-5(4) PARKING State motor vehicle laws 20-5(1) Trees Landscaping, provisions re off-street park- Climbing trees, etc 20-4 ing 27-38, 27-59 Use by public only....................... 20-1 et seq. See: LANDSCAPING PENALTIES. See: FINES, FORFEITURES Parks; designated parking areas.......... 20-5(6) AND OTHER PENALTIES Stopping, standing and parking 18-34 et seq. See: MOTOR VEHICLES AND TRAFFIC PENSIONS AND RETIREMENT Zoning, provisions re off-street parking 45-27 et seq. Length of service award plan for volunteer See: ZONING (Appendix C) firefighters ` Benefit formula 2-170.6 PARKS, PLAYGROUNDS AND RECRE- Contact person 2-170.10 ATION 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 Supp. No. 9 2947 NORTH PALM BEACH CODE Section Section PENSIONS AND RETIREMENT-Contd. PENSIONS AND RETIREMENT-Contd. Point system 2-170.11 Discharged members 2-156(a) Preretirement death benefit............ 2-170.7 Incompetents 2-156(d) Purpose 2-170 Membership Sponsor, name of 2-170.1 Application for membership 2-147(b) Trustee and contact person 2-170.10 Change in designation of beneficiary.. 2-147(c) Vesting provisions, schedule of 2-170.8 Conditions of eligibility 2-147(a) Village contributions 2-170.9 Nonassignability 2-156(b) Pension and certain other benefits for fire Normal and optional forms of benefits 2-149 and police employees Pension validity 2-156(c) Benefit amounts Repeal or termination of system 2-155 Cost of livin 2-161(g) Retirement board g~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Additional rules and regulations autho- Disability retirement 2-161(e} Early retirement 2-161(b) rized 2-152 Formula 2-161(c) Established......................... 2-151 Limitation on 2-161(h) Investing funds; custodian of securities 2-153 Normal retirement benefit 2-161(a) Oaths of office; meetings; quorum..... 2-154 Preretirement death 2-161(d) Social security 2-136 et seq. Termination benefits and vesting 2-161(f) Seer SOCIAL SECURITY Board of trustees Volunteer firefighters, length of service Bring and defend lawsuits award plan for. See herein: Length of Powers 2-164(e) Service Award Plan for Volunteer Fire- fighters Composition 2-164(a) Forfeiture of membership on board for PERMITS. See: LICENSES AND PERMITS absenteeism 2-164(b) Meetings 2-164(d) PERSON Power and authorit 2-166 Definitions and rules of construction...... 1-2 y \ Reports and records 2-164(c) PIERS Contributions Docks and piers, construction requirements Employer 2-163(c) re.................................. 5-81 et seq. Forfeitures 2-163(d) See: BOATS, DOCKS AND WATERWAYS Member 2-163(a) State 2-163(b) PLANNING AND DEVELOPMENT Definitions 2-159 Appearance plan (AppendixA). See that sub- Discharged members 2-169(a) ject Incompetents 2-169(d) Archaeological site protection regulations . 21-101 et seq. Insurers, tax on 2-167 See: ARCHAEOLOGICAL SITE PRO- Membership TECTION Application for membership 2-160(b) Board of adjustment Buy-back of previous service , 2-160(d) Composition; conduct generally ~ Changes in designation of beneficiary. 2-160(c) Administrative orders, review of...... 21-21(d) Conditions of eligibility 2-160(a) Created............................. 21-21(a) Nonassignability 2-169(b) Decision of administrative official, ap- Number and gender 2-169(e) peals to board from.............. 21-21(e) Optional forms of benefits 2-162 Hearing of appeals 21-21(g) Pension validity 2-169(c) Judicial review of decisions of board 21-21(h) Repeal or termination of plan 2-168 Membership; terms; alternate; compen- Tax on insurers 2-167 sation 21-21(b) Pension and certain other benefits for gen- Powers and duties 21-21(c) eral employees Stay of work and proceedings on appeal Z1-21(f) Benefit amounts and eligibility Comprehensive plan Direct transfers of eligible rollover dis- Adoption 21-O1 tribution 2-157 Filing fees and costs for changes Early retirement 2-148(d) Enactment and authority 21-1(a) Late retirement 2-148(c) Fee; application 21-1(c) Preretirement death 2-148(e) Jurisdiction 21-1(b) Retirement benefit 2-148(b) Planning commission, advise of....... 21-1(d) Retirement date 2-148(a) Concurrency management Termination of employment 2-148(f) Adequate public facilities available to ser- Definitions 2-146 vice development.................. 21-45 Supp. No. 9 2948 CODE INDEX Section Section PLANNING AND DEVELOPMENT-Contd. POLICE-Contd. Application 21-42 Compensation......................... 23-50 Definitions 21-44 Created; purpose...................... 23-42 Intent and purpose Director of public safety, appointment to Comprehensive plan, implementation of 21-43(a) serve by 23-45 Management/monitoring and regulato- Oath required 23-47 ry program, establishment of..... 21-43(b) Powers and duties 23-48 Minimum 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 • • • ~ ~ • • ~ • • • ~ ~ ~ • ~ • • • • • • ~ • • • • Stormwater management provisions re pol- Regulatory program lutantloads........._ 21-67 Exemptions 21-47(b) 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. PROPERTY See: STORMWATER MANAGEMENT Subdivision regulations 36-1 et seq. Abandoned, inoperative and junked proper- See:SUBDIVISIONS(AppendixB) ty•••••••••••••••••••••••••••••••••• 14-37 et seq. See: GARBAGE AND TRASH Zoning regulations 45-1 et seq. Appearance plan (AppendixA). See that sub- See: ZONING (Appendix C) ject PLANNING COMMISSION Definitions and rules of construction....... 1-2 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) PLATS. See: SURVEYS, MAPS AND PLATS Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH PLAYGROUNDS. See: PARKS, PLAY- PUBLIC PLACES. See: STREETS, SIDE- GROUNDS AND RECREATION VrAL~ 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. 9 2949 NORTH PALM BEACH CODE Section Section PUBLIC SAFETY DEPARTMENT-Contd. SHRUBBERY. See: TREES AND SHRUB- Patrol 2-76(b)(2) BERY Radio 2-76(b)(6) SIDEWALKS. See: STREETS, SIDEWALKS Records 2-76(b)(1) AND PUBLIC PLACES Traffic 2-76(b)(5) PUBLIC SERVICES DEPARTMENT SIGNAL DEVICES Director's duties 2-84 Noise control............................ 19-103 Divisions SIGNATURE, SUBSCRIPTION Municipal garage 2-85(4) Definitions and rules of construction 1-2 Parks 2-85(2) Permits and inspections 2-85(1) SIGNS AND BILLBOARDS Refuse disposal 2-85(5) Code enforcement board, applicability re 2-173 Signal service 2-85(3) Country club; provisions re signs 9-2 Street maintenance 2-85(6) Outdoor displays. See herein: Signs and Out- door Displays g, Parking in violation of signs 18-36 Parks, regulations re traffic signs......... 20-5(3) RABIES CONTROL Signs and outdoor displays Provisions enumerated 4-42 et seq. Construction standards 6-117 ~ See: ANIMALS AND FOWL Design standards 6-117 RADIOS Exempt signs 6-112 Location standards 6-117 Noise control 19-104 Measurement determinations 6-116 Police division, provisions re radio mainte- Permitted permanent accessory signs 6-115 nance 2-76(b)(6) permitted temporary signs............. 6-114 REASONABLE TIME Prohibited signs 6-113 Definitions and rules of construction 1-2 Provisions generally 6-111 Zoning f` RECORDS. See: DOCUMENTS AND PUB- C-3 Regional Business District 45-34.1(7) LIC RECORDS SOCIAL SECURITY RECREATION. See: PARK, PLAYGROUNDS Agreement authorized 2-138 AND RECREATION Appropriations by village 2-140 REFUSE. See: GARBAGE AND TRASH Declaration of policy 2-136 Exclusions from coverage 2-137 RESTROOMS Records and reports 2-141 Parks and recreation facilities; failure to co- Social security act adopted 2-143 operate in keeping restrooms neat or Withholding and reporting agent 2-142 sanitary 20-2 Withholding from wages................. 2-139 RETIREMENT. See: PENSIONS AND RE- SPITTING TIREMENT Spitting in public places prohibited 19-5 SPRINKLER SYSTEMS S C-3 Regional Business District SAND DUNES Fire sprinkler systems; automatic 45-34.1(9) Flood damage prevention provisions 12.5-45 STATE SANITATION. See: HEALTH AND SANITA- Definitions and rules of construction 1-2 TION STENCH BOMBS SCHOOLS Excepted uses 19-82(c) Coin-operated amusements; proximity to Possession prohibited 19-82(b) ~ schools restricted 19-4 Throwing or depositing 19-82(a) SEAWALLS STORMWATER MANAGEMENT Bulkheads and seawalls, construction re- Adoption 21-61 quirements re 5-69 et seq. Applicability 21-61 See: BOATS, DOCKS AND WATERWAYS Design 21-61 Finished floor of structures, level of....... 21-63 SHALL, MAY Objectives of system design 21-68 Definitions and rules of construction 1-2 Open channels and outfall ditches 21-66 Supp. No. 9 2950 CODE INDEX Section Section STORMWATER MANAGEMENT-Contd. STREETS, SIDEWALKS AND PUBLIC Post development runoff rates, volumes and PLACES-Contd. pollutant loads 21-67 Village engineer, driveways to be con- Storm drainage facilities generally........ 21-64 structed under supervision o£ 24-44 Stormwater retention systems............ 21-69 Smoke, dust, odors, liquids, etc........... 19-9 Streets Spitting in public places prohibited 19-5 Minimum street grades 21-62 Stormwater management, applicable provi- Roadside swales 21-65 sions re............................. 21-62, 21-65 Subdivisions, required improvements re... 36-31 Subdivision regulations 36-1 et seq. Water quality 21-70 See: SUBDIVISIONS (Appendix B) Zoning; surface water management Swale areas, sodding required in certain in- C-3 Regional Business District......... 45-34.1(8) stances 24-3 Trees in swale areas 27-16 et seq. STREETS, SIDEWALKS AND PUBLIC See: TREES AND SHRUBBERY PLACES Utilities Code enforcement board, applicability re 2-173 Public utilities, cost of changing or remov- Definitions and rules of construction 1-2 al of 24-4 Dogs on streets and sidewalks............ 4-28(a) Use of rights-of--way for utilities 28-1 et seq. Excavations See: UTILITIES Definition 24-16 SUBDIVISIONS (Generally) Equipment to be guarded 24-18 Appearance plan (AppendixA). See that sub- Liability of village 24-20 ject Permits Code enforcement board, applicability re 2-173 Fees 24-29 Flood damage prevention provisions 12.5-41(4) Required 24-28 Zoning regulations 45-1 et seq. Protective measures 24-19 See: ZONING (Appendix C) Refilling, tamping by excavator......... 24-17 Resurfacing by village 24-17 SUBDIVISIONS (Appendix B) Handbills; distribution restricted 19-7 (Note~ection contained herein refer to sec- Hitchhiking prohibited 19-6 tions found within Appendix B) Landscaping 27-31 et seq. Amendments See: LANDSCAPING Public hearing required 36-39.1 Missiles, throwing 19-83 Definitions Motor vehicles-and traffic 18-16 et seq. General terms.......,................. 36-5 See: MOTOR VEHICLES AND TRAFFIC Specific terms 36-6 Obstructing passageway 19-47 Design standards Profanity; vulgar language prohibited..... 19-65 Alleys 36-20 Public services department Blocks. See within this subheading: Lots Division of permits and inspections 2-85(1) and Blocks Streets maintenance division........... 2-85(6) Comprehensive plan, conformity with... 36-17(1) Sidewalks and driveways Easements and rights-of-way Dangerous or abandoned driveways..... 24-46 Access waterways 36-22(c) Inspection fees; deposits pending approv- Drainage 36-22(b) al 24-45 Utilities 36-22(a) Performance of work by village upon fail- Lots and blocks ure of compliance 24-47 Access 36-18(3) Permits Block lengths 36-18(6) Driveway construction Double frontage lots 36-18(5) Application; information required... 24-58 Lot lines 36-18(4) Prohibited in certain instances..... 24-57 Lot size 36-18(1) Required . 24-56 Residence lots, minimum 36-18(2) Separate permits required for drive- Public sites and open spaces 36-23 ways and sidewalk construction 24-55 Rights-of--way. See within this subhead- Sidewalks ing: Easements and Rights-Of--Way ' Constructed required in certain cases. 24-41 Sidewalks 36-21 Exceptions to requirements 24-42 Soil and flood hazards, consideration of . 36-17(2) Specifications Streets Driveways 24-43(c) Adjoining property, street access to 36-19(7) Generally 24-43(a) Arterial streets, subdivisions on 36-19(2) Sidewalks 24-43(b) Culs-de-sac 36-19(6) Supp. No. 9 2951 NORTH PALM BEACH CODE Section Section SUBDIVISIONS (Appendix B)-Contd. SUBDIVISIONS (Appendix B)-Contd. Half streets 36-19(8) Pre-application conference 36-9 Intersection design 36-19(4) Preliminary plat procedure Minimum street design specifications . 36-19(5) Application for preliminary plat approv- Minor streets 36-19(1) al 36-10(1) Railroads or limited access highway, Developments of regional impact 36-10(2) subdivisions on 36-19(3) Effect of approval 36-10(9) Street names 36-19(9) Failure of planning commission to take Subdivision entrances 36-25 action 36-10(8) Water bodies, access to 36-24 Fees................................ 36-10(3) Enactment and authorit Notification of action 36-10(7) y 36-2 planning commission action.......... 36-10(6) Enforcement provisions planning commission review 36-10(5) Appeals 36-35 Review comments 36-10(4) Erection of buildings and issuance of per- Preliminary plat specifications 36-11 mits 36-38 Qualification of person making survey 36-8 General enforcement regulations 36-36 Reversion of subdivided land to acreage. 36-16 Land clearing, vegetation and wildlife pro- Purpose and intent 36-4 tection and preservation Required improvements Application procedure for vegetation re- Bikeways 36-29.1 moval unrelated to building per- Bridges 36-30 mit applications 36-38.1(3) General requirements 36-26 Exceptions 36-38.1(5) Monuments Fees 36-38.1(6) Permanent control points............ 36-27(b) Generally 36-38.1(1) Permanent reference monuments..... 36-27(a) Vegetation protection during construe- Planned unit development alternatives.. 36-34 tion 36-38.1(4) Screening walls and landscaping 36-33 Vegetation removal permit, application Sidewalks 36-29 procedure 36-38.1(2) Storm water management.............. 36-31 Required improvements 36-37 Streets Vegetation. See within this subheading: Arterial and collector streets 36-28(a) Land Clearing, Vegetation and Wild- Curb and gutter 36-28(c) life Protection and Preservation Marginal access streets 36-28(b) Wildlife protection and preservation. See Pavement base 36-28(fl within this subheading: Land Clear- Subgrade 36-28(e) ing, Vegetation and Wildlife Protec- Swales 36-25(d) tion and Preservation Wearing surface 36-28(g) Jurisdiction 26-3 Utilities Legal status Sanitary sewer 36-32(a) Conflicting regulations 36-41 Septic tanks 36-32(e) Effective date 36-42 Underground utilities................ 36-32(d) Saving clause 36-40 Water and sewer systems 36-32(c) Plats, platting Water supply 36-32(b) Procedures for subdivision plat approval. Wells See herein that subject Individual wells prohibited in cer- Procedures for subdivision plat approval tain areas of village 36-32(fl _ Construction plan specifications 36-13 Short title 36-1 Construction plans procedure SURVEYS, MAPS AND PLATS Preparation of construction plans..... 36-12(1) Official zoning map 45-17 Submission and review of construction Subdivision regulations 36-7 et seq. plans 36-12(2) See: SUBDIVISIONS (Appendix B) Surety device, posting of 36-12(3) SWALE AREAS Final plat procedure Application for final plat approval 36-14(2) Sodding required in certain instances 24-3 Trees in swale areas 27-16 et se Generall 36-14(1) q' y See: TREES AND SHRUBBERY Planning commission action.......... 36-14(4) Planning commission review 36-14(3) SWEAR ORSWORN. See: OATH, AFFIRMA- Recording of final plat 36-14(6) TION, SWEAR OR SWORN Village council action 36-14(5) SWIMMING Final plat specifications 36-15 Bathing regulations; diseased persons pro- General prerequisites to 36-7 hibited from bathing in public pool, etc. 19-3 Supp. No. 9 2952 I CODE INDEX Section Section SWIMMING-Contd. TIME Restricted waters, swimming in 5-3 Definitions and rules of construction 1-2 SWIMMING POOLS TRAFFIC. See: MOTOR VEHICLES AND Code enforcement board, applicability re 2-173 TRAFFIC Construction permits Plans 25-24 TRASH. See: GARBAGE AND TRASH Required; application; fees 25-23 Country club premises regulations........ 9-1 TREASURY DEPARTMENT Cross-connection of filtration equipment and Treasurer's duties water supply 25-7 Accounts of receipts and expenditures 2-51(6) Definitions 25-1 Bonds, responsibility for proceeds of 2-51(5) Electrical equipment 25-8 Books, examination of , 2-51(2) Final approval before use 25-2 Collect moneys and fees due village..... 2-51(10) Grade 15-11 Debt, cancellation of evidences of....... 2-51(7) Hair and lent strainers 25-5 Default of officer, duty upon 2-51(4) Public and private pools Delinquent payments .and financial re- Construction 25-36 ports 2-51(3) Fencing Fiscal supervision over officers 2-51(1) Modifications and exceptions 25-38 Monthly report to finance director 2-51(12) Requirements 25-37 Pay village employees 2-51(9) Recirculating piping and fittings, require- Permits and licenses 2-51(11) ments for 25-9 Receive and disburse moneys........... 2-51(8) Scum-gutters 25-6 TREES AND SHRUBBERY Setback 25-3 Tamping back-fill 25-10 Code enforcement board, applicability re 2-173 Vacuum cleaner 25-4 Landscaping 27-31 et seq. Water circulations 25-4 See: LANDSCAPING Missiles,throwing 19-83 SWITCHBLADE KNIVES Parks and recreation facilities; climbing Sale prohibited 19-185(a) trees,etc............................ 20-4 Swale areas, trees in T Definitions 27-16 Planting and removal; written approval TAXATION required 27-17 Insurance excise taxes 26-16, 26-17 Scope.......................... 27-19 Occupational licenses 17-16 et seq. Variety and location 27-18 See: LICENSES AND PERMITS Pension and certain other benefits for fire and police employees U Tax on insurers 2-167 Telecommunications service tax UTILITIES Collection 26-52 Flood damage prevention provisions 12.5-41(3), (5) Compensation 26-54 Franchises enumerated. See Appendix D Exemptions 26-53 Street construction work; cost of changing 26-51 or removal of public utilities 24-4 Levy Subdivision design standards re easements Rate 26-51 Utility tax 26-29 et seq. and rights-of-way.................... 36-22(a) See: UTILITY TAX Subdivisions, required improvements re... 36-32 Telecommunications service tax 26-51 et seq. TELECOMMUNICATIONS SERVICE TAX See: TAXATION Generally 26-51 et seq. Use of rights-of--way for utilities See: TAXATION Code enforcement board, applicability re 2-173 TELEPHONES Rules and regulations adopted 28-1 Alarms; interference with public safety de- Written permit (franchise) Contents 28-3 partment trunk line prohibited 19-215 Required; term 28-2 TELEVISION Cable television rate regulation 17-1 UTILITY TAX Collection 26-30 TENSE Exemption 26-31 Definitions and rules of construction...... 1-2 Levied; rate 26-29 Supp. No. 9 2953 - NORTH PALM BEACH CODE Section Section V WATERWAYS. See: BOATS, DOCKSAND WA- TERWAYS VILLAGE WEAPONS. See: FIREARMS AND WEAP- Definitions and rules of construction 1-2 ONS VILLAGE COUNCIL WEEDS AND BRUSH i Compensation 2-16 Lien i Definitions and rules of construction 1-2 Recorded statement of removal costs con- Elections; village council to constitute can- stitutes lien; collection 14-83 vassing board 10-11 Notice to destroy........................ 14-80 Meetings Owner to bear costs of removal 14-82 Adjournment of all meetings 2-19 Prohibited over certain height............ 14-79 Regular meetings Removal by village 14-81 Presiding officer 2-18 When held 2-17 WEEK Rules of procedure. See herein that sub- Definitions and rules of construction...... 1-2 ject WEIGHTS AND MEASURES Rules of procedure Motor vehicle operation; weight limitations Order of business 2-26 on certain roads..................... 18-18 Parliamentary rules 2-27 Noise measurement procedure............. 19-113 Village clerk, duties re 2-67 WELLFIELD PROTECTION VILLAGE MANAGER Business activities with potential to contam- Administrative code, provisions re 2-39 et seq. inate land and water resources, regu- See: ADMINISTRATIVE CODE lation of 19-221 Bond 2-117 County wellfield protection ordinance adopt- Budget procedures, duties re 2-2 ed by reference...................... 19-220 Country club, provisions re resolution of WRITTEN, IN WRITING manager conflict 9-22 Definitions and rules of construction 1-2 Removal 2-116 Residency 2-115 Y VOYEURISM YARDS AND OPEN SPACES Window peeping prohibited 19-66 Landscaping 27-31 et seq. See: LANDSCAPING Zoning regulations 45-27 et seq. W See: ZONING (Appendix C) WALLS. See: FENCES, WALLS, HEDGES ~ °'R AND ENCLOSURES Definitions and rules of construction 1-2 I WATER SHORTAGE EMERGENCIES Z Application 19-201 ZONING (Generally) Definitions 19-200 Appearance plan (AppendixA). See that sub- Enforcement ject Emergency power 19-204 Code enforcement board, applicability re 2-173 Generally 19-203 gome occupations 17-2(a) et seq. Implementation See: HOME OCCUPATIONS Authority to implement 19-202(a) Landscaping; conflict with zoning ordinance 27-39 Water shortage plan 19-202(b) planning commission; changes to zoning or- Sanitation, exception to maintain......... 19-205 dinances 21-12 Violations and penalties 19-206 Subdivision regulations.................. 36-1 et seq. See: SUBDIVISIONS (Appendix B) WATER SUPPLY AND DISTRIBUTION Stormwater management 21-61 et seq. See: STORMWATER MANAGEMENT Wellfield protection 19-220, 19-221 Zoning; C-3 Regional Business District Fire sprinkler systems; automatic 45-34.1(9) Surface water management 45-34.1(8) [The next page is 2965] Supp. No. 9 2954 CODE INDEX Section Section ZONING (Appendix C) ZONING (Appendix C)-Contd. (Note-Sections contains herein refer tosec- Off-street parking and loading.......... 45-31(G) tions contained within Appendix C) Off-street parking lot layout, construc- Amendments tion and maintenance 45-31(H) Changes and amendments 45-5 Permitted uses 45-31(B) Fees; waiting periods Yards and open spaces 45-31(F) Application for variances 45-50 CB Commercial District Applications for rezoning, etc......... 45-49 Architecture 45-31.1(J) Architecture Conditions for permitted uses 45-31.1(C) C-A Commercial District 45-31(J) Floor area 45-31.1(I) CB Commercial District 45-31.1(J) General description.................... 45-31.1(A) Buildings Height 45-31.1(D) District regulations, buildings and uses Off-street parking and loading.......... 45-31.1(G) to conform to 45-19 Off-street parking lot layout, construc- Floor area regulations. See herein: Floor tion and maintenance 45-31.1(H) Area Permitted uses 45-31.1(B) Height regulations. See herein: Height Site area 45-31.1(E) Nonconforming uses of land and strut- Yards and open spaces 45-31.1(F) tures. See herein that subject Changes .and amendments 45-5 Site area regulations. See herein: Site Area Conflict of provisions 45-4 C-1 Neighborhood Commercial District C-OS Conservation and Open Space Dis- Conditions for permitted uses 45-33(G) trict Floor area 45-33(F) Coastal zone protection................ 45-35.2(C) Heights 45-33(B) Intent................................ 45-35.2(A) Off-street parking 45-33(E) Permitted uses........................ 45-35.2(B) Permitted uses 45-33(A) Definitions.............................. 45-2 Site area 45-33(C) Districts Yards and open spaces 45-33(D) Division of village into districts......... 45-16 C-lA Limited Commercial District Enumerated 45-16 Conditions for permitted uses 45-32(G) See also specific districts as indexed Floor area 45-32(F) General provisions 45-36 Height 45-32(B) Fire sprinkler systems; automatic Permitted uses 45-32(A) C-3 Regional Business District 45-34.1(9) -Site area 45-32(C) Floor area Yards and open spaces 45-32(D) C-1 Neighborhood Commercial District.. 45-33(F) C-2 General Commercial District C-lA Limited Commercial District...... 45-32(F) Height, site area, yards and open spaces, C-2 General Commercial District 45-34(C) off-street parking and floor area 45-34(C) C-A Commercial District 45-31(I) Performance standards 45-34(B) CB Commercial District................ 45-31.1(I) Permitted uses 45-34(A) R-2 Multiple-Family Dwelling District 45-28(E) C-8 Regional Business District R-3 Apartment Dwelling District 45-30(F) Fire sprinkler systems; automatic 45-34.1(9) Height Height 45-34.1(5) C-1 Neighborhood Commercial District.. 45-33(B) Landscaping 45-34.1(4) C-lA Limited Commercial District 45-32(B) Lot coverage; maximum 45-34.1(6) C-2 General Commercial District 45-34(C) Off-street loading and internal circula- C-3 Regional Business District 45-34.1(5) tion 45-34.1(3) C-A Commercial District............... 45-31(D) Off-street parking 45-34.1(2) CB Commercial District................ 45-31.1(D) Permitted uses 45-34.1(1) R-1 Single-Family Dwelling Districts 45-27(B) Setbacks . 45-34.1(5) R-2 Multiple-Family Dwelling District 45-28(B) Signs 45-34.1(7) R-3 Apartment Dwelling District 45-30(B) Special C-3 Planned Unit Development Historic site overlay district (PUD) provisions 45-34.1(10) Definitions............................ 45-37(b) Surface water management 45-34.1(8) Local register of historic sites C-A Commercial District Creation of 45-37(C) Architecture 45-31(J) Initiation of placement on............ 45-37(D) Conditions for permitted uses 45-31(C) Placement on 45-37(E) Floor area 4b-31(I) Certificate of appropriateness 45-37(H) General description 45-31(A) Criteria for listing on 45-37(F) Height 45-31(D) Effect of listing on................... 45-37(G) Supp. No. 9 2965 NORTH PALM BEACH CODE Section Section ZONING (Appendix C)-Contd. ZONING (Appendix C)-Contd. Purpose 45-37(a) C-3 Regional Business District......... 45-34.1(1) Interpretation of provisions 45-3 C-A Commercial District............... 45-31(B),(C) Landscaping CB Commercial District 45-31.1(B), (C) C-3 Regional Business District 45-34.1(4) C-OS Conservation and Open Space Dis- Loading, off-street. See herein: Off-Street trict 45-35.2(B) Loading and Internal Circulation R-1 Single-Family Dwelling Districts 45-27(A) Lots R-2 Multiple-Family Dwelling District 45-28(A) C-3 Regional Business District 45-34.1(6) R-3 Apartment Dwelling District 45-30(A) CB Commercial District 45-31.1(H) Planned unit development Nonconforming lots of record 45-62 C-3 Regional Business District 45-34.1(10) Map Filing of application 45-35.1(II) Official zoning map. See herein that sub- Planning commission ject Action of 45.35.1(IV) Nonconforming uses of land and structures ~ Referral to 45-35.1(III) Extension and enlargement 45-61 Statement of intent 45-35.1(I) Intent 45-60 Village council .Land, nonconforming uses of........... 45-63 Action of 45-35.1(V) Lots of record, nonconforming 45-62 Effect of approval of 45-35.1(VI) Repairs and maintenance 45-66 Public district Structures and premises in combination, Restricted uses 45-35 nonconforming uses of 45-65 R-1 Single-Family Dwelling District Structures, nonconforming 45-64 Annexed land in....................... 45-20 Temporary uses 45-67 Height................................ 45-27(B) Oceanfront land Off-street parking 45-27(E) Ocean setback 45-22 Permitted uses........................ 45-27(A) Official zoning maP Site area 45-27(C) '"- Adopted by reference 45-17(1) Yards and open spaces................. 45-27(D) Boundary conflict interpretations 45-18 R-2 Multiple-Family Dwelling District Buildings and uses to conform to district Community residential home regulations 45-28(G) regulations 45-19 Floor area 45-28(E) Changes 45-17(3) Height................................. 45-28(B) • Damaged, destroyed, etc 45-17(5) Off-street parking 45-28(F) Identification . 45-17(2) Permitted uses........................ 45-28(A) Location; final authority 45-17(4) Site area.............................. 45-28(C) Off-street loading and internal circulation Yards and open spaces 45-28(D) C-3 Regional Business District 45-34.1(3) R-3 Apartment Dwelling District Off-street parking Floor area 45-30(F) C-1 Neighborhood Commercial District.. 45-33(E) Height 45-30(B) C-lA Limited Commercial District 45-32(E) Off-street parking 45-30(E) C-2 General Commercial District 45-34(C) Permitted uses 45-30(A) C-3 Regional Business District......... 45-34.1(2) Site area 45-30(C) C-A Commercial District 45-31(G), (H) Yards and open spaces 45-30(D) CB Commercial District 45-31.1(G), (H) Setbacks R-1 Single-Family Dwelling Districts 45-27(E) C-3 Regional Business District 45-34.1(5) R-2 Multiple-Family Dwelling District 45-28(F) Oceanfront land 45-22 R-3 Apartment Dwelling District 45-30(E) Short title 45-1 Open spaces. See herein: Yards and Open Signs Spaces C-3 Regional Business District 45-34.1(7) Parking Site area Off-street loading and in±ernal circula- C-1 Neighborhood Commercial District.. 45-33(C) tion. See herein that subject C-lA Limited Commercial District 45-32(C) Off-street parking regulations. See here- C-2 General Commercial District 45-34(C) in: Off-Street Parking C-A Commercial District 45-31(E) Performance standards CB Commercial District 45-31.1(E) C-2 General Commercial District 45-34(B) R-1 Single-Family Dwelling Districts 45-27(C) I Permitted uses R-2 Multiple-Family Dwelling District 45-28(C) C-1 Neighborhood Commercial District.. 45-33(A), (G) R-3 Apartment Dwelling District 45-30(C) C-lA Limited Commercial District...... 45-32(A), (G) Surface water management C-2 General Commercial District 45-34(A) C-3 Regional Business District 45-34.1(8) Supp. No. 9 2966 CODE INDEX Section ' ZONING (Appendix C)-Contd. 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) 5upp. No. 9 2967 l