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Code of Ordinances Supplement 08 SUPPLEMENT NO. 8 November 1994 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 15-94, enacted August 11, 1994. See the Code Comparative Table for further information. Remoue old pages Insert new pages xiii, xiv xiii, xiv Checklist of up-to-date pages Checklist of up-to-date pages - (following Table of Contents) ~.6 3-6.1 145-148.1 145-148.1 398.5-398.16 398.5-398.16 673 673 891, 892 891-892.1 1054.1-1071 1055-1064 2501, 2502 2501, 2502 2883 2883 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1-800-262-CODE I i I 1 i TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. N Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div 4. Reserved 728 Art. IV. Recovery of Costs for Cleanup, Abatement and 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. N Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations 1051 Art. I. In General 1053 Art. II. Occupational Licenses -1053 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. 8 xiii NORTH PALM BEACH CODE ~ Chapter Page Art. III. Stopping, Standing and Parking 1173 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Reserved 1228 Art. III. Offenses Against Property 1228 Art. 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 I' 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 1JGG L11V. 2. PermltS ,rnn 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 4 i Supp. No. 8 xiv I Checklist of Up-to-Date .Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 148.1 8 iii 1 149, 150 3 v, vi OC 151, 152 3 vii, viii OC 153, 154 3 ix OC 155, 156 3 x.i, x.ii 1 156.1, 156.2 3 x.iii 1 156.3 3 xi, xii 7 157, 158 1 xiii, xiv 8 159, 160 1 xv 4 161, 162 1 1 OC 211 OC 3, 4 8 213 OC 5, 6 8 263 OC 6.1 8 265, 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 OC 323, 324 OC 77 OC 325, 326 OC 79, 80 OC 327, 328 OC 81, 82 OC 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 7 145, 146 8 391, 392 7 147, 148 8 393, 394 7 Supp. No. S [1] NORTH PALM BEACH CODE f Page No. Supp. No. Page No. Supp. No. 395, 396 7 1057, 1058 8 397, 398 7 1059, 1060 8 398..1, 398.2 7 1061, 1062 8 398.3, 398.4 7 1063, 1064 8 398.5, 398.6 8 1121 OC 398.7, 398.8 8 1171 OC 398.9, 398.10 8 1173, 1174 7 398.11, 398.12 8 1175 7 398.13, 398.14 8 1225 OC 398.15, 398.16 8 1227, 1228 OC 399, 400 OC 1229, 1230 OC 401, 402 OC 1231, 1232 OC 403 OC 1233, 1234 OC 453 OC 1235, 1236 OC 455, 456 OC 1237, 1238 6 507 OC 1239, 1240 6 509 OC 1241 6 559 OC 1289 3 561, 562 6 1291, 1292 OC 563, 564 6 1293, 1294 3 615 OC 1343 4 617, 618 OC 1345, 1346 OC j 619, 620 6 1347, 1348 OC t 671 2 1349, 1350 OC 673 8 1351, 1352 OC 723 2 1353, 1354 OC 725, 726 5 1355, 1356 OC 727, 728 5 1357, 1358 OC 729 5 1359, 1360 OC 777 OC 1361, 1362 ~ 5 779, 780 OC 1363, 1364 5 781, 782 OC 1365, 1366 5 783, 784 OC 1367 5 785, 786 OC 1411 OC 787, 788 OC 1463 OC 789 OC 1465, 1466 OC 839 OC 1517 OC 889 OC 1519, 1520 OC 891, 892 8 1521, 1522 OC 892.1 8 1523 OC 893, 894 OC 1573 OC 895, 896 OC 1575, 1576 OC 945 OC 1577 OC 947, 948 3 1627 OC 997 OC 1629, 1630 7 999, 1000 7 1681 OC 1051 OC 1683, 1684 OC 1053, 1054 7 1685, 1686 OC 1055, 1056 8 1687, 1688 OC Supp. No. 8 [2] CHECKLIST OF UP-TO-DATE .PAGES Page No. Supp. No. Page. No. Supp. No. 1689, 1690 OC 2871 OC 1739 OC 2873 OC 1741, 1742 OC 2875, .2876 OC 2043 OC 2877, 2878 OC . 2045, 2046 OC 2879, 2880 OC 2047, 2048 OC 2881, 2882 OC 2049, 2050 OC 2883 8 2051, 2052 OC 2933, 2934 OC 2053 OC 2935, 2936 4 2353 OC 2937, 2938 7 2355, 2356 OC 2939, 2940 7 235?, 2358 OC 2941, 2942 7 2359, 2360 OC 2943, 2944 7 2361, 2362 OC 2944.1 7 2363, 2364 OC 2945, 2946 3 2365, 2366 OC 2947, 2948 5 2367, 2368 1 2949, 2950 7 2368.1 1 2951, 2952 7 2369, 2370 OC 2953, 2954 7 2371, 2372 OC 2965, 2966 OC 2373, 2374 OC 2375, 2376 OC 2377, 2378 OC 2379 OC 2479 OC 2481, 2482 OC 2483, 2484 OC 2485, 2486 1 2487, 2488 OC 2489, 2490 OC 2491, 2492 OC 2493, 2494 OC 2495, 2496 OC 2497, 2498 OC 2499, 2500 OC 2501, 2502 8 2503, 2504 OC 2505, 2506 2 2506.1 2 2507, 2508 1 2509, 2510 1 2510.1 1 2511, 2512 OC 2513, 2514 OC 2515, 2516 OC 2517, 2518 OC 2619 OC 2819 4 2869, 2870 OC Supp. No. 8 [3] CHARTER § 1 ARTICLE I, CORPORATE NAME South, Range 43 East, Palm Beach County, Flor- The municipality hereby established shall be ida; thence northerly along the said north and known as "The Village of North Palm Beach, Flor- south quarter section Iine, a distance of 15.75 feet, ida." more or less, to the quarter corner in the north line of said Section 20; thence northerly along the north and south quarter section line of Section 17 ARTICLE II. TERRITORIAL BOUNDARIES of said Township and Range to a point in the east- erly extension of the northerly right-of--way line of Section 1. [Described.] the Earman River Canal as described in Deed Book 1047, Page 359, Public Records of Palm Beach The Territorial Limits of said Municipality are County, Florida; thence N-67°-25'-24"-W a dis- hereby defined and shall be as follows: tance of 42.89 feet to a point in the northerly right- BEGINNING at the intersection of the waters of--way line of said Earman River Canal; thence edge along the west shore of Lake Worth, with the westerly along said northerly right-of--way line of south Iine of Government Lot 1, Section 21, Town- the Earman River Canal, to the west line of said ship 42 South, Range 43 East, Palm Beach Coun- Section 17; thence northerly along the west line of ty, Florida; thence westerly, along the south line said Section 17, to the northwest corner of said of said Government Lot 1, to the southwest corner Section 17; thence easterly along the north line of thereof; thence northerly, along the west line of said Section 17, to the .southwest corner of Crom- said Government Lot 1, also being the north-south well Estates according to the Plat thereof, record- one-quarter section line of said .Section 21, to a ed in Plat Book 29, page 110, Public Records of point 68.90 feet south of the north one-quarter Palm Beach County, Florida; thence northerly corner of said Section 21, (as measured along said along the west line of said Cromwell Estates to one-quarter section line). Said point being on the the northwest corner thereof; thence easterly along north side of the concrete curb on the south side of the north line of said Cromwell Estates to the the center median of Northlake Boulevard (S.R. west line of the southeast one-quarter (SE ~/a) of No. 850), said point also being 7.75 feet south of the southwest one-quarter (SW ~/4) of Section 8 of the centerline of Northlake Boulevard (S.R, No. said Township and Range; thence northerly along 850) as now Iaid out and in use; thence 5-89°-48'- the west line of the southeast one-quarter (SE ~/4) 00"-W, along a line which is 7.75 feet south of and of the southwest one-quarter (SW ~/4) of Section 8 parallel with the centerline of said Northlake Bou- to the northwest corner thereof; thence easterly levard (S.R. No. 5-850), a distance of 1094.60 feet along the north line of the southeast one-quarter to the beginning of a curve, concave to the north, (SE ~/4) of the southwest one-quarter (SW '/4) of having a radius of 4009.75 feet and a central an- .Section 8 to the west line of Pepperwood Subdivi- gle of 10°-37'-48"; thence westerly and northwest- Sion as recorded in Palm Beach County Records, erly along the arc of said curve, a distance of 743.92 Plat Book 33, page 184, thence northerly along feet to the end of said curve and the beginning of the west line of said Pepperwood Subdivision to a curve, concave to the south, having a radius of the northwest corner thereof; thence easterly along 4019.52 feet and a central angle of 8°-40'-40"; the north line of said Pepperwood Subdivision to a thence westerly along the arc of said curve, a dis- point in a line lying 260 feet west and parallel to tance of 608.78 feet to the end of said curve; thence the north-south quarter section line of Section 8, N-88°-14'52"-W, a distance of 200 feet, more or Township 42 South, Range 43 East, Palm Beach less, to a point; said point being on the west Iine of ~ County, Florida; thence northerly along said line said Section 21 and 15.75 feet south of the north- a distance of 1085 feet; thence east along a line west corner of said Section 21; thence N-88°-04'- parallel to the south line of the southeast one- 04 -W, along a line which is 7.75 feet south of and quarter (SE '/4) of the southeast one-quarter (SE parallel with the centerline of said Northlake Bou- ~/4) of the northwest one-quarter (NW '/4) of said Ievard (S.R. I`lo. 850), a distance of 2654.1 feet, Section 8 to a point in the north-south quarter more or less to a point in the north and south section line of said Section 8; thence northerly quarter section line of Section 20, Township 42 along the north and south quarter section line of Supp. No. 8 $ - § 1 NORTH PALM BEACH CODE - - said Section 8 to the north .line of said Section 8; North 01°-22'-26" West along the Easterly Right- thence easterly along the north line of said Sec- of-Way Line ofEllison-Wilson Road, same line be- tion 8 to a point in the east right-of--way line of ing the Westerly line of Lots 6 and 7 of said "Plat Prosperity Farms Road; thence northerly along of Subdivision of Government Lot 8," a distance of =- the east right-of--way line of Prosperity Farms 492.84 feet to the Northwest corner of said Lot 7 Road to a point in the north right-of--way line of of the "Plat of Subdivision of Government Lot 8," Monet Road as laid out and in use; thence east- thence North 87°-20'-06" West along the South erly along the North right-of--way line of Monet line of said Government Lot 7 same line also be- Road as laid out and in use to its intersection with ing the North Line of said "Plat of Subdivision of the west line of the east '/a of the W ~1a of the SE Government Lot 8," a distance of 102.48 feet to '/4 of the SW ~4 of the SE'/4 of Section 5, Township the Southwest Corner of Government Lot 7, Sec- 42 South, ~ Range 43 East, thence N-00°-34'-04" tion 4 of said Township and Range; thence North East a distance of 611.46 feet; thence easterly O1°-35'-39" East along the West line of said Gov- along the North. line of the SE '/4 of the SW '/4 of ernment Lot 7, a distance of 356.07 feet; thence the SE '!4 of said Section 5 a distance of 499.70 South 85°-38'-02" East, a distance of 765.13 feet feet; thence 5-00°-09'-50"-W a distance of 168.05 to a point of intersection with the Westerly Right- feet, thence easterly along the north line of the SE of-Way line of State Road Number 5; less the 66.00 3J4 of the S '/a of the SE '14 of said Section 5, a foot Right-of--Way for Ellison-Wilson Road; thence distance of 615.95 feet; thence southerly along the Southeasterly along the Westerly Right-of--Way west right-of--way line of the Intracoastal Water- line of State Road Number 5 to a point of inter- way (as shown on amended Plat Section 5, Town- section with the north line of Government Lot 8, ship 43 South, Range 43 East, Plat Book 17, Page Section 4 of said Township and Range; thence east- 29, Palm Beach County, Florida) to the North line erly, along the north line of said Government Lot of Section 8, Township 43 South, Range 43 East; 8, to a point lying on the northerly line of Govern- thence easterly, .along the north line of Sections 8 merit Lot 8, at its intersection with the southwest- and 9 of said Township and Range, as shown on erly corner of the Plat of Twelve Oaks, as recorded Florida Inland Navigation Districts Right-of--Way in Plat Book 31, Pages 48 and 49, said Public Map on pages 10 and 29 of Plat Book 17, Public Records; thence northerly along the westerly line Records of Palm Beach County, Florida, to the of said Plat of Twelve Oaks a distance of 719.70 center line of the R/W of State Road No. 5 (U.S. feet, thence westerly along a line parallel to the Highway #1) as shown on Florida State Road De- North line of Lot 8 to a point in the westerly right partment's Right-of--Way Map recorded in State of way line of State Road 5 (US #1), thence north- . and County Road Plat Book 2, pages 43 to 56, erly along the westerly right of way line of State inclusive; thence northerly, along the center line Road 5 (US #1), a distance of 200 feet, thence run of said State Road No. 5, to its intersection with easterly along a line parallel to the north line of the easterly projection of the North line of Lot 6, Lot 8 to a point in the westerly line of said Plat of Plat of Subdivision of Government Lot 8, Section Twelve Oaks, thence northeasterly along said 4 of said Township and Range; thence North 88°- westerly line and its northeasterly prolongation 08'-06" West, distance of 63.12 feet to the North- thereof to its intersection with the southerly Right- east corner of said Lot 6; thence North 88°-08'-06" of-Way line of State Road 703, as recorded in Road West along the North line of said Lot 6 and the Plat Book 5, Pages 12 and 13, said Public Records; easterly projection thereof, a distance of 231.75 thence easterly along said southerly Right-of--Way feet;thence North 03°-04'-iv' `vJest, a distance of iine to its intersection with the southeriy proion- 125.20 feet; thence South 89°-49'-50"East along a gation of the westerly line of the Plat of Hidden line 25 feet, more or less, North of the centerline Key, as recorded in Plat Book 27, Page 243, said of Caroline Avenue, as now laid out and in use, a Public Records; thence northerly along said south- distance of 500.00 feet to a point of intersection erly prolongation to the southwesterly corner of with the Easterly Right-of--Way Line' of Ellison- said Plat of Hidden Key and a point on the north Wilson Road, as now laid out and in use having a Right-of--Way line, to a point at right angles to total Right-of--Way width of 66.00 feet; thence centerline station 362 + 62.00 as said stationing is Supp. No. 8 4 CI7ARTER § 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- sectionwith 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 ment 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 gg°_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 i/a) of the South corporation, by Trustees' Deed No. 17,146, record- Half (S i/z) of the Southeast Quarter (SE~/4) of said ed in 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 ment Lot 1 of said Section 21, thence westerly, 136 and 137; Supp. No. 8 5 I NORTH F'AL91 BEACH CEDE - TOGETHER with the Northeast Quarter (NE ~/4) ing of five (5) members who shall be electors of the of the Southwest Quarter (SW '/4) of the South- village, who shall be elected by the electors of the west Quarter (SW '~/4) of the Southeast Quarter village. (SE ~/4) of Section 5: (Ord. No. 1-76, § 1, 2-19-76) TOGETHER WITH that part of the North 169.5 feet of the West Half (W'1z) of the Southwest Quar- Section 2. Election and terms. ter (SW '/4) of the Southwest Quarter (SW '/4) of the Southeast Quarter (SE '/4) of Section 5 lying On the second Tuesday in March of each year a easterly of the East line of those lands described general election shall be held to elect members of in Deed Book 877, Page 439, Palm Beach County the village council. The selection of members of records: the village council shall be by groups to be known as Groups 1, 2, 3, 4 and 5. The councilmen in TOGETHER WITH the West Half (W ~/z) of the Groups 1, 3 and 5 shall be elected in the even - West Half (W'/z) of the Southeast. Quarter (SE ~!4) years and councilmen in Groups 2 and 4 shall be of the Southwest Quarter (SW '/4) of the South- elected in the odd years. The term of office of a east Quarter (SE ~/4) of the said Section 5: councilman shall commence upon his election and TOGETHER. WITH the West thirty feet (30') of qualification and shall continue for two (2) years the following described parcel: thereafter and until his successor is elected and Commencing at the center of said Section 5: thence qualified; provided, however, that the terms of of- easterly along the East-West Quarter Section line fice of those councilmen whose terms expire in a distance of 1,293.76 feet to the Northwest cor- March of 1981 and March of 1982 shall be short- ner of the Northeast Quarter (NE'/4) of the South- ened by a period of one week. east Quarter (SE ~/4) of said Section 5: thence South (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1, 00°-08'-30" West along the West line of the North- 10-9-80) f east Quarter (NE ~/4) of the Southeast Quarter l (SE ~/4) of Section 5, (the west line of the North- Section 3. Mayor. east Quarter (NE '/4) of the Southeast Quarter The council shall elect from among its members (SE '/4) of Section 5 is assumed to bear South 00- a mayor, a vice mayor, and a president pro tem to °-OS'-30" West and all other bearings are relative serve at the pleasure of the council. Election of thereto) a distance of 1.343.65 feet to the South- the mayor, vice mayor and president pro tem shall west corner of the Northeast Quarter (NE '!4) of be done annually at the first (lst) regular council the Southeast Quarter (SE '14) of Section 5 and meeting after the village election. The mayor shall the POINT OF BEGINNING of the herein de- reside at meetin s of the council shall be reco scribed parcel: thence South 88°-16'-41"East along p g g- the South line of the Southwest Quarter (SW '/4) nized as head of village government for all cere- ofthe Northeast Quarter (NE'/4) of the Southeast monial purposes, by the governor for purposes of Quarter (SE '/4) of Section 5 a distance of 144.46 military law, for service of process, execution of feet: thence North 02°-13'-54" West, a distance of contracts, deeds and other documents, and as the 157.46 feet; thence North 88°-16'-41" West, a dis- village official designated to represent the village ° in all agreements with other governmental enti- tance of 137.95 feet; thence South 00 -08 -30 West, ties or certifications to other governmental enti- a distance of 157.15 feet to the POINT OF BE- ties, but shall have no administrative duties ex- GINNING. cept as required to carry out the responsibilities (Laws of Fla., Cry. 73-564, § 1) herein. The vice mayor shall act as mayor during the absence or disability of the mayor. The presi- ARTICLE III. LEGISLATIVE dent pro tem shall preside at council meetings in Section 1. Village council; powers and com- the absence of the mayor and vice mayor. position. The mayor shall have power, for sufficient cause, There shall be a village council with all legisla- to suspend any Village officer or official appointed tive powers of the village vested therein consist- by the council. In case of the suspension of any Supp. No. 8 6 CHARTER §3 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. 8 6.1 I i i i 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 Spouse means the lawful wife or husband of a date of termination. 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- eraliy, § 12. 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 (b) Application for membership. Each current the village and shall apply to an employee whose ,and future eligible employee shall complete an employment is terminated with the village and application form covering items set forth below, who recommences full-time employment within and provide other information, as may be pre- two (2) years from the date of termination. .scribed by the board. Earnings means gross salary, (including over- (1) 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 employedfull- (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 board at a later date. Failure to complete an ap- ty (120) consecutive months of service immediate- plication within ninety (90) days of employment ly preceding the retirement or termination of a member. and written notice of this agreement shall consti- tute adeliberate 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. 8 145 § 2-147 NORTH PALM BEACH CODE ees or previous beneficiary by written notice to eficiary shall live. Such amount shall be the board upon forms provided by the board. Upon based on the amount payable under the fif- such change, the rights of all previously designat- ty (50) percent joint and survivor option, ed beneficiaries to receive any benefits under the reduced actuarially to the age of the bene- system shall cease. ficiary. (Ord. No. 1-83, § 2, 1-13-83) (2) If a member dies prior to the normal retire- ment date and is then employed by the vil- Sec. 2-148. Benefit amounts and eligilaility. lage and has five (5) years of credited ser- (a) Retirement date. A member's normal retire- vice, such member regardless of age shall ment date shall be the first day of the month co- receive pension. benefits as set forth in sub- incident with, or next following, attainment of his section (3). sixty-fifth birthday. A member may retire on his (3) The members specified in subsection (2) normal retirement date or on the first day of any above shall receive a benefit equal to the month thereafter, and each member shall become member's vested accrued pension as cpm- one-hundred-percent vested in his accrued benefit puted under section 2-148(b) and shall be on his normal retirement date. payable to the designated beneficiary in ~I equal, consecutive monthly installments (b) Retirement benefit. A member retiring here- over ten (10) years. The benefit payment under on or after his normal retirement date shall receive a monthly benefit which shall commence specified herein shall commence upon death on his retirement date and be continued thereaf- of the plan member and approval of the pen- ter during his lifetime, ceasing upon death. The sion board. member's annual pension benefit shall equal two (f) Termination of employment. A participant (2) percent of final average earnings multiplied by who terminates his employment for reason other the member's credited service for the first twenty than death or retirement shall be entitled to a (20) years of credited service and one (1) percent deferred monthly retirement benefit commencing for each year of credited service thereafter. at his normal retirement date equal to the prod- (c) Late retirement. A participant who retires uct of his vested percentage,. as determined from after his normal retirement date shall be paid the the following schedule, and his accrued benefit: monthly benefit otherwise payable to the partici- Credited Service Vested Percentage pant at his normal retirement date increased by using the benefit formula for normal retirement Less than 5 0 together with consideration of his additional years 5 but less than 7 50 or fractional parts of years of credited service and 7 but less than 9 75 final average earnings. 9 or more 100 ' (d) Early retirement. A member may retire af- (Ord. No. 1-83, § 3, 1-13-83; Ord. No. 9-94, § 2, ter age fifty-five (55). If a member does retire ear- 6-9-94) ly, his or her pension shall be actuarially reduced. (e) Preretirement death. Sec. 2-149. 1®Tormal and optional forms o~ benefits. (1) If a participant who is no longer an employ- (a) The normal form of retirement benefit is a ee of the village dies prior to the normal retirement date and has attained age fifty- monthly benefit for life. five (55) and had five (5) years of credited (b) Each member entitled to a normal or early service, a pension benefit of fifty (50) per- retirement benefit shall have the right, at any cent of the amount the participant would time prior to the date on which benefit payments have been entitled to, actuarially reduced begin, to elect to have this benefit payable under for early retirement, shall be paid to the any of the options hereinafter set forth in lieu of / surviving beneficiary for as long as the ben- such benefits and to revoke any such elections I Supp. No. 8 146 ADMINISTRATION § 2-151 and make a new election at any time prior to the 2-149 to the contrary, the board, in its sole discre- actual beginning of payments. The value of op- tion, may elect a lump sum payment to the ben- tional benefits shall be the actuarial equivalent of eficiary or beneficiaries in lieu of installments the value of benefits otherwise payable. The mem- when the monthly benefits do not exceed the sum ber shall make such an election by written re- of one hundred dollars ($100.00). This provision quest to the board, such request being retained in applies to normal retirement, late retirement, ear- the board's files. ly retirement and preretirement death regardless Option 1. Joint and last survivor option. The of the fact that the member elected retirement member may elect to receive a benefit dur- benefits to be made in monthly installments. ing his lifetime and have such benefit (or a (Ord. No. 1-83, § 4, 1-13-83; Ord. No. 4-93, § 1, designated fraction thereof) continued af- 1-14-93) ter his death to and during the lifetime of his designated beneficiary. The minimum Sec. 2-150. ~7illage contributions. joint and survivor percentage shall be fifty (a) Generally. So long as this system is in effect, (50) percent, reduced actuarially to the age the village shall make a contribution to the trust of the beneficiary. The election of option 1 fund in an amount equal to the total cost for the shall be null and void if the designated ben- year as shown by the most recent actuarial valu- eficiary dies before the member's benefit ation of the system. The total cost for any year payments commence. shall be defined as the total normal cost, plus the Option 2. Life annuity with ten years certain. additional amount sufficient to amortize the un- The member may elect to receive a monthly funded accrued past service liability over aforty- benefit for one hundred twenty (120) month- Year period. 1y payments certain. In the event the mem- (b) Other. Private donations, gifts and contri- ber dies after his retirement, but before he butions may be deposited to the fund, but such has received retirement benefits for a peri- deposits must be accounted for separately and kept od of ten (10) years, the same monthly ben- on a segregated bookkeeping basis. Funds from efit will be paid to the beneficiary (or ben- these sources may be used only for additional ben- eficiaries) as designated by the member for efits for members, as determined by the board, the balance of such ten-year period or, if no and may not be used to reduce required village beneficiary is designated, to the surviving contributions. spouse, or estate of the member. (Ord. No. 1-83, § 5, 1-13-83) Option 3. Other. In lieu of the optional forms enumerated in this section, benefits maybe Sec. 2-151. Retirement board, establish- paid in any form approved by the board so ment. long as it is the actuarial equivalent of the (a) There is hereby created a general employ- benefits otherwise payable. ees retirement board of the village which shall Option 4. Social security adjustment option. If a consist of five (5) members. member retires before being eligible for so- Two (2) members of the board shall be employ- cial security benefits, he or she may elect ees of the village. The employee members shall be an option to receive a larger pension up to elected at large by full-time village employees who the date he or she begins receiving social security benefits. The member's pension are not firemen or policemen. Employees who are benefits shall be appropriately reduced af- elected cannot work in the same departments of ter social security payments begin. The the village. The term of service of employees on amount of reduction shall be actuarially de- the general retirement board shall be indefinite or termined by the actuary. until the time such employee member of the re- tirement board is retired, disabled, resigns, ter- (c) Lump sum payment. Notwithstanding any- urinates village employment or is removed for mis- thing contained within section 2-148 and section conduct by majority vote of the employees or the s«PP. No. a 147 § 2-151 NORTH PALM BEACH CODE 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- The retirement board shall have the power to lage clerk, who shall give reasonable notice of the 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- j 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- tirement fund. (1) member shall be the village mayor who shall (Ord. No. 1-83, § 7, 1-13-83) serve as nonvoting chairman except in case of a tie vote of the retirement board. The mayor may Sec. 2-153. Investing funds; custodian of se- designate another member of the village council curities. to serve in his place, from time to time. (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 vii- 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- tirement fund in a manner consistent with laws an election and elect a successor to serve. Should and statutes governing the investment of the vil- the member appointed by village council resign or lage. Each of the foregoing powers and functions relinquish his duties on the general retirement reposed in the retirement board may be performed board, his successor shall be appointed by the vil- and carried out by the village treasurer, at the lage council within thirty (30) days. direction of the retirement board through duly au- (c) The retirement board hereby created shall 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 funds shall remain retirement board in all matters pertaining to the at ail times in the name of the village. performance of their duties, whenever requested (b) The village, or its designated funding agent, and may prosecute and defend all suits which may shall be the custodian of all securities, and the be instituted by or against it; provided, however, accretion thereof shall become a part of the gen- the retirement board may, in its discretion, em- eral retirement fund. All funds and securities of ploy independent legal counsel for such purposes, the general retirement fund shall be deposited if funded by the village council, the expense of with the village treasurer, who shall keep then in such employment to be paid by the village. a separate fund, and shall be liable for the safe- (d) The retirement board shall have full author- keeping of the same under the bond given to the ity to administer all the provisions of this division village and shall be liable in the. same manner and shall cause all disbursements and receipt for and to the same extent as is liable for the safe- aIl monies received by the fund through the office keeping of the funds of the village as provided for of the village treasurer. The retirement board shall by law. All funds now held by the village for this appoint a secretary who shall keep a complete retirement system are hereby transferred to the record of all actions and proceedings by the board. fund established by this division. (e) The retirement board shall continue to exist (Ord. No. 1-83, § 8, 1-13-83; Ord. No. 11-85, § 1, ?-11-85) exclusively for the purpose provided by this divi- sion and related legislation, and the responsibili- Sec. 2-154. Oaths of office; aneetings; quo- ty for the administration and proper operation rum. thereof and for effectuating the provisions of the law relating thereto, is vested in the retirement Before entering upon their duties as members board. of the board, each member shall. take and sub- (Ord. No. 1-83, § 6, 1-13-83) scribe to the oath of office required by the village Supp. No. s 148 ADMINISTRATION § 2-155 Charter, which oath shall be filed with the village clerk. The board shall meet as often as necessary or upon the call of the chairman or any member thereof or upon request of the village clerk. A ma- jority of the board shall- constitute a quorum for the transaction of any business. Notice of meet- ings shall be given to council and the public at least seven (7) days in advance. (Ord. No. 1-83, § 9, 1-13-83) Sec. 2-155. Repeal or termination of system. (a) This division establishing the system and fund, and subsequent ordinances pertaining to the system and fund, may be modified, terminated or amended in whole or in part; provided that if this division or any subsequent ordinance shall be amended or repealed in its application to any per- son benefiting hereunder, the amount of benefits which at the time of any such alteration, amend- ment or repeal shall have accrued to the member or beneficiary shall not be affected thereby, except to the extent that the assets of the fund may be determined to be inadequate. (b) If this division is repealed and not super- seded by another pension plan, or if contributions to the system are discontinued, the board shall continue to administer the system in accordance with the provisions of this division, for the sole benefit of the then members, any beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one (1) of the options provided for in this division who are designated by any of such members. In the event of such repeal, or if contributions to the system are discontinued, there shall be full vesting Supp. No. s 148.1 1 i BUILDINGS AND BUILDING REGULATIONS § 6-111 upon which such certificate was granted shall be (3) Identification signs of a prototype design turned over to the building inspector whose re- shall conform to the criteria for building sponsibility it shall be to determine, from time to and ground signs. time as the project is in progress and finally upon (4) Materials used in signs shall have good ar- its completion, that there have been no unautho- chitectural character and be harmonious rized deviations from the evidence upon which the with the building design and surrounding granting of the certificate of appropriateness was landscape. originally based. The building inspector shall not issue a certificate of occupancy for any building or (5) Every sign shall be designed so as to have structure where there have been any deviations visual relationship to buildings and sur- from the certificate of appropriateness which has roundings. been granted. (6) Colors shall be used harmoniously and with (Code 1970, § 6-38) restraint. Excessive brightness and bril- liant colors shall be avoided. Lighting shall Secs. 6-61-6-71. Reserved. be harmonious with the design. If external spot or flood lighting is used, the light fix- tures and light source shall be arranged so ARTICLE IV. RESERVED* that the light source is shielded from view. Secs. 6-72®6-110. Reserved. (7) All permanent signs shall comply with the requirements and procedures of the Village Appearance Code. ARTICLE V. SIGNS AND OUTDOOR (B) Relationship to building and electrical codes. DISPLAYS' These sign regulations are intended to comple- went the requirements of the building and elec- Sec. 6-111. General provisions. trical codes adopted by the village. Wherever there is inconsistency between these regulations and the (A) Criteria for appearance. building or electrical code, the more stringent re- (1) Wall signs shall be part of the architectural quirements shall apply. -concept of the building. Size, color, letter- (C) Nonconforming signs. All building wall sign ing, location and arrangement shall be har- structures, awning signs, pole sign structures and monious with the building design. ground sign structures erected within the village (2) Ground signs shall be designed to be com- that do not conform to the terms of this code shall patible with the architecture of the build- conform by October 14, 2003, or be removed from ing. The same criteria applicable to wall the premises. A face change on a building wall signs shall apply to ground signs. sign, awning sign, pole sign or ground sign will not require the sign to conform. All other signs *Editor's note~ection 3 of Ord. No. 4-90, adopted Mar. 8, and outdoor- displays shall conform within thirty 1990, repealed former Art. TV, "Contractors," which contained (30) days Of the effective date Of this article. A 6-72-6-81 and 6-89-6-99. The repealed provisions derived nonconforming sign may not be enlarged or aI- from Code 1970, § 10-1-10-I1, and Ord. No. 19-82, 1-6, adopted Oct. 14, 1982. tered to increase its nonconformity. Should any j'Editor's note-Ord. No. 24-93, § 1, adopted Oct. 14, 1993, nonconforming sign be damaged by any means to repealed the provisions of former Art. V, 6-111--6-138, rel- an extent of more than fifty (50) percent of its alive to signs and outdoor displays, and § 2 of said ordinance replacement cost at the time of damage, it .shall enacted a new Art. V to read as herein set out in 6-111--6- riot be reCOristructed Or repaired except iri COrifOT- 117. The provisions of former Art. V derived from Ord. No. mity with the prOVlSiOnS Of this article. 10-80, adopted May 22, 1980; Ord. No. 32-80, adopted Oct. 23, 1980; Ord. No. 7-85, adopted May 9,1985; Ord. No. 1-88, adopt- (D) Appeals and review. The applicant may file ed Jan. 14, 1988; Ord. No. 5-89, adopted Feb. 9, 1989; and Ord. an appeal to the village council on any ruling by No. 19-89, adopted Sept, 14, 1989. Cross references-Appearance plan, App. A; zoning, App. the planriing COmmISSlOri a5 t0 t11iS Sign Code in C. accordance with section 6-35 of the Village Code. Supp. No. 8 398.5 § 6-111 NORTH PALM BEACH CODE (E) Variance. removal of such sign and any expenses in- (1) Permanent sign. Dimensional restrictions cident thereto shall be paid by the owner of the building or structure to which said sign outlined in this Code or viewing obstacles is attached. shall be considered the only grounds of a hardship for appeal from the regulations (H) Definitions. -- described herein.-Any increase in the height Accessory sign. A permanent ground or build- or size of a sign or setback thereof in the ing wall sign that is permitted under this Code granted variance shall not exceed thirty (30) as incidental to an existing or proposed use of percent of the requirements of this code. land. (2) The board of adjustment shall hear and rule Advertising. Sign copy intended to directly or on all applications for variance to this Code. indirectly promote the sale or use of a product, All the provisions of Article III, Chapter 21 of the Village Code, shall apply to applica- service, commodity, entertainment, or real or personal property. tions for variance to this code. i~ (3) All applications for variances to regula- Awning. An architectural projection that pro- tions established by this article shall be filed vides weather protection, identity and/or deco- with the building official upon a form sup- ration and is wholly supported by the building to which it is attached. An awning is comprised plied by the village. The application shall be accompanied by a filing fee of one hun- of a lightweight, rigid or retractable skeleton dred fifty dollars ($150.00). over which an approved cover is attached. (F) Enforcement. The building official may ini- Awning sign. A sign painted on, printed on or tiate action before- the code enforcement board of attached flat against. the surface of the awning. the village to obtain compliance with this code. Back lit awning. An internally illuminated (G) Maintenance. awning with translucent covering. (1) All signs, including their supports, braces, Building wall sign. A sign displayed upon or guys and anchors, electrical parts and light- attached to any part of the exterior of a build- ing fixtures, and all painted and display ing, including walls, windows, doors, parapets, areas, shall be maintained in accordance awnings and roof slopes of forty-five (45) de- with the building and electrical codes adopt- glees or steeper. ed by the village, and shall present a neat Changeable copy sign. A sign which is visible and clean appearance. The vegetation from outside a building and which is character- around the base of ground signs shall be ized by changeable copy, regardless of method neatly trimmed and free of unsightly weeds, of attachment of the copy. and no rubbish or debris that would consti- tute afire orhealth hazard shall be permit- Commercially developed parcel. A parcel of ted under or near the sign. property on which there is at least one walled (2) Any sign now or hereafter existing which and roofed structure used, or designed to be used, for other than residential or agricultural no longer advertises a bona fide business purposes. conducted or a product sold shall be taken down ar_d removed by the .^,::'ner~ argent nr ~ pv, Tha ling»ict1C !~r graplll~ C~P_tPnt of a person having the beneficial use of the sign. building or structure upon which sign may Directional sign. An on premises sign designed be found within ten (10) days after written to guide or direct pedestrians or vehicular traf- notification from the building official. Upon fic. failure to comply with such notice within the specified time in such order, the build- Electric sign. Any sign containing electric wir- ing official is hereby authorized to cause ing. Supp. No. 8 398.6 BUILDINGS AND BUILDING REGULATIONS § 6-111 Erect a sign. To construct, reconstruct, build, to reflect light from an artificial source includ- relocate, raise, assemble, place, affix, attach, cre- ing indirect lighting, neon, incandescent lights, ate, paint, draw, or in any other way bring into back-lighting, and shall also include signs with being or establish a sign but it shall not include reflectors that depend upon automobile head- any of the foregoing activities when performed lights for an image. as an incident to routine maintenance. Marquee. A structure projecting from and com- Frontage. The length of the property line of pletely supported by a building and which ex- any one parcel along the main street on which it tends beyond the building line or property line borders. and fully or partially covers a sidewalk, public Ground sign. A sign that is supported by a entrance or other pedestrian way. three (3) foot high maximum base. The sign and Multiple occupancy complex. A commercial base shall be monolithic, shall generally have a use, i.e. any use other than residential consist- columnar line and shall essentially have the ing of a parcel of property, or parcel of contigu- same contour from grade to top. A sign which is ous properties, existing as a unified or coordi- independent of any building for support. nated project, with a building or buildings Harmful to minors. With regard to sign con- housing more than one occupant. tent, any description or representation, in what- Neon tube sign. A sign electrically lighted by ever form, of nudity, sexual conduct, or sexual exposed tubes containing inert gas and visible excitement, when it: from outside of a building. (1) Predominately appeals to the prurient, Nonconforming sign. A sign existing at the shameful, or morbid interest of minors effective date of the adopting of this article which in sex, and could not be built under the terms of this arti- (2) Is patently offensive to contemporary cle. standards in the adult community as a Occupant (occupancy). The use of a building whole with respect to what is suitable or structure, or any portion thereof for commer- sexual material for minors, and cial transactions. (3) Taken as a whole, lacks serious Liter- Ofj`'site/premise sign. A sign advertising an ary, artistic, political, or scientific val- establishment, merchandise, service or enter- ue. ~ tainment, which is not sold, produced, manu- The term "harmful to minors" shall also include factured or furnished at the property on which any non-erotic word or picture when it: said sign is located. (1) Is patently offensive to contemporary Outline neon lighting. An arrangement of elec- standards in the adult community as a tric discharge tubing to outline or call attention whole with respect to what is suitable to certain features such as the shape of a build- for viewing by minors, and ing or the decoration of a window. (2) Taken as a whole, lacks serious liter- Painted wall sign. A sign painted on a wall or ary, artistic, political, or scientific vat- on any other surface or part of a building or ue. structure. Height of a sign. The height of a sign shall be Parcel. A unit of land within legally estab- measured as the vertical distance from the fin- Isshed property lines. If, however, the property fished grade, excluding berms, at the base of the lines are such as to defeat the purposes of this supporting structure to the top of the sign, or its Cade or lead to absurd results, a "parcel" may frame or supporting structure, whichever is be as designated for a particular site by the higher. building official. Illuminated sign. A sign which contains a Permanent. Designed, constructed and intend- source of light or which is designed or arranged ed for more than short term use. s~PP. No. s 398.7 § 6-111 NORTH PALM BEACH CODE Pole sign. A sign supported permanently upon (I) Permits. the ground by poles or braces and not attached (1) A sign shall not hereafter be erected, con- to any building. structed, altered or maintained except as Portable sign. Any sign which is manifestly provided in this Code, until after a permit designed to be transported by trailer or on its for the same has been issued in accordance own wheels,. including such signs even though with the permitting procedures of the build- - the wheels may be removed and the remaining ing code. chassis or support structure converted to an A (2) Fees. Fees shall be based on the construc- or Tframe sign and attached temporarily or tion valuation as set forth in the building permanently to the ground. code. Roof line. A horizontal line intersecting the (3) Exemption. Temporary signs are exempt highest point or points of a roof. from the requirement of obtaining a permit Roof sign. A sign placed above the roof line of or paying a fee, but they shall be subject to a building or on or against a roof slope of less the other provisions of this chapter. than forty-five (45) degrees. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 1, 8-11-94) Sign. Any writing, pictorial presentation, number, illustration, or decoration, flag, banner or pennant, balloon, search light, or other de- Sec. 6-112. Exempt signs. vice which is used to announce, direct attention to, identify, advertise or otherwise make any- The following signs are exempt from the oper- thingknown. The term sign shall not be deemed ation of these sign regulations, and from the re- to include the terms "building" or "landscap- quirement in this Code that a permit be obtained ing," or any architectural embellishment of a for the erection of permanent signs, provided they building not intended to communicate informa- are not placed or constructed so as to create a tion. hazard of any kind: Sign face. The part of a sign that is or maybe (A) Signs that are not designed or located so as used for copy. to be visible from any street or adjoining property. Sign face area. The area of any regular geo- metric shape which contains the entire surface (B) Parking area directional signs maybe erect- area of a sign upon which copy may be placed. ed at each point of ingress and egress to a parking lot or parking area. Such signs shall Sign structure. Any construction used or de- not exceed two (2) square feet in background signed to support a sign. area nor extend to a height greater than Street. A public or private right-of--way for ve- three (3) feet above ground. Only one (1) hicular traffic, including highways, thorough- such sign shall be allowed at each point of fares, lanes, roads, ways, and boulevards. ingress and egress, provided such signs do not create a traffic or pedestrian hazard. Temporary sign. A sign which is intended to (See section 6-116(D)) No names or logos advertise community events, civic projects, po- permitted. litical candidacy, political issues, real estate for (C) Si s necessa to romote health safet Sale ar lease Ur other s c~,iai events vii a short ~ ~ p ' y p~~ and welfare, and other regulatory, statuto- term basis. ry, traffic control or directional signs erect- Unit. That part of a multiple occupancy com- ed on public property with permission as plex housing one occupant. appropriate from the State of Florida, the Vehicle sign. A sign of any nature attached to, United States, the County of Palm Beach, affixed in any manner or painted on a motor or the Village of North Palm Beach. vehicle or trailer. (D) Legal notices and official instruments. suPp. No. s 398.8 BUILDINGS AND BUILDING REGULATIONS ~ § 6-113 (E) Decorative flags and bunting for a celebra- (B) Specifccally. The following signs are express- tion, convention, or commemoration of sig- ly prohibited unless exempted by section 6-112 of nificance to the entire community when au- this Code or expressly authorized by section 6-114, thorized by the village manager for a period, or section 6-115 of this Code: not to exceed-thirty (30) days. (1) Signs that are in violation of the building (F) Holiday lights and decorations, erected dur- code or electrical code adopted by the oil- ing the appropriate holiday season, shall lage. comply with all .building and electrical (2) Any sign that constitutes a safety hazard. codes. (3) Blank temporary signs. (G) Merchandise displays behind storefront (4) Signs with visible moving, revolving, or ro- windows so long as no part of the display tating parts or visible mechanical move- moves or contains flashing lights. went of any description or other apparent (H) Memorial signs or tablets, names of build- visible movement achieved by electrical, ings and dates of erection when cut into electronic, or mechanical means, except for any masonry surface or when constructed traditional barber poles. of bronze or other incombustible materials (5) Signs with the optical illusion of movement and attached to the surface of a building. by means of a design that presents apat- tern capable of giving the illusion of motion (I) Signs incorporated into machinery or equip- or changing of copy. went by a manufacturer or distributor, which identify or advertise only the prod- (6) Signs with lights or illuminations that flash, uct or service dispensed by the machine or move, rotate, scintillate, blink, flicker, or equipment, such as signs customarily af- vary in intensity or color. fixed to newspaper racks, telephone booths, (7) Outline neon lighting used on commercial- and gasoline pumps. ly developed parcels for commercial purpos- es. (J) Advertising and identifying signs located on taxicabs, buses, trailers, trucks, vehicles (8) Signs, commonly referred to as wind signs, or vehicle bumpers, subject to the regula- consisting of one or more banners, flags, tions of section 6-113(B)(23) of this Code. pennants, ribbons, spinners, streamers or captive balloons, or other objects or mate- (K) Public warning signs to indicate the dan- rial fastened in such a manner as to move gers of trespassing, :swimming, animals or upon being subjected to pressure by wind. similar hazards. (9) Signs that incorporate projected images, (L) Works of art that do not constitute adver- emit any sound that is intended to attract tising. attention, or involve the use of live ani- mals. (M) Signs carried by a person. (N) Religious displays. (10) Signs that emit audible sound, odor, or vis- ible matter such as smoke or steam. (Ord. No. 24-93, § 2, 10-14-93) (11) Signs or sign structures that interfere in any way with free use of any fire escape, emergency exit, standpipe, or that obstruct Sec. 6-113. Prohibited signs. any window to such an extent that light or (A) Generally. It shall be unlawful to erect or ventilation is reduced to a point below that keep any sign not expressly authorized by, or ex- required by any provision of this Code or empted from, this Code. other ordinance of the village. (12) Signs that resemble any official sign or marker erected by any governmental agen- Supp. No. 8 398.9 6x113 NORTH PALM BEACH CODE cy, or that by reason of position, shape or ly authorized by this Code, and except gov- color, would conflict with the proper font- ernmental signs erected by or on the order boning of any traffic sign or signal, or illu- of the village manager. urination that may be reasonably confused (23) Vehicle signs with a total sign area on any with or construed as, or conceal, atraffic- vehicle in excess of ten (10) square feet, control device. when the vehicle: (13) Signs that obstruct the vision of pedestri- a. Is parked for more than sixty (60) con- ans, cyclists, or motorists traveling on or secutive minutes within one hundred entering public streets. (100) feet of any street right-of--way; (14) Non-governmental signs that use the words and "stop," "look," "danger," or any similar word, b. Is visible from the street right-of--way phrase, or symbol. that the vehicle is within one hundred (15) Signs, within ten (10) feet of public right- (100) feet of; and of-way or one hundred (100) feet of traffic- c. Is parked on commercially developed control lights, that contain red or green property. lights that might be confused with traffic control lights. (24) Signs displaying copy that is harmful to mi- nors as defined by this code. (16) Signs that are of such intensity or bril- (25) Portable signs as defined by this code. liance as to cause glare or impair the vision of any motorist, cyclist, or pedestrian using (26) Marquee sign as defined by this code. or entering a public way, or that area haz- (27) Roof sign as defined by this code. and or a nuisance to occupants of any prop- erty because of -glare or other characteris- (28) Changeable copy sign as defined by this tics. code. (17) Signs that contain any lighting or control Exceptions: mechanism that causes interference with a. Sign for public, charitable, and reli- radio, television or other communication gious institutions. signals. b. Motor vehicle service station signs; pro- (18) Searchlights used to advertise or promote a vided, however, that said signs are: business or to attract customers to a prop- 1. Limited to a maximum of twenty erty. (20) percent of the total sign area (19) Signs that are painted, pasted, or printed for said vehicle service station. on any curbstone, flagstone, pavement, or 2. Changeable copy is limited to price any portion of any sidewalk or street, ex- of fuel and the words "cash" and cept house numbers and traffic control "credit." signs. 3. The maximum height of change- (20) Signs placed upon benches, bus shelters or able numbers shall be twelve (12) waste receptacles. inches. (21) Signs erected on public property, or on pri- (29) Painted wall sign as defined by this code. vate property (such as private utility poles) located on public property, other than signs (30) Neon tube sign located inside or outside a erected by public authority for public pur- building and as defined by this code. poses. (31) Off site/premise sign as defined in this code. (22) Signs erected over or across any public (32) Signs placed on boats or watercraft that street except as may otherwise be express- are located on public or private property Supp. No. 8 398.10 BUILDINGS AND BUILDING REGULATIONS ~ ' ' § 6-115 other than boat or watercraft name, man- c. To announce or advertise such tempo- ufacturers name or required license num- rary uses as carnivals, revivals, sport- hers. ing events, garage sales, or any public, (33) Time-Temperature-Date Signs. charitable, educational or religious event or function. Such message shall (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 2, be removed within two (2) working days 8-18-94) after the special event. Approval of the size and locations of the signs by the Sec. 6-114. Permitted temporary signs. department of public services is re- quired. (A) Where allowed. Temporary signs are allowed d. Political sign. Nothing shall be con- throughout the village, subject to the restrictions strued to regulate the content or inter- imposed by this section and other relevant parts nal design of a political sign. Such sign of this Code. Temporary signs do not require a shall be removed not more than seven building permit. (7) calendar days following the event (B) Sign types allowed. A temporary sign may advertised by the sign. be a pole, ground or building wall sign, but may (E) Permissible size, height and number of tem- not be an electric sign. porary signs. (C) Removal of illegal temporary signs. Any tem- (1) One-family and two-family residences.. A porary sign not complying with the requirements parcel on which is located a single one- of this section is illegal and subject to immediate family or two-family residence may display removal by the village forces. not more than one temporary sign with a sign area of not more than five (5) square (D) Restrictions on content of temporary signs. feet. No sign shall exceed five (5) feet in A temporary sign may display any message so height. Front setback shall be ten (10) feet long as it is not: and side setback shall be three (3) feet. (1) Harmful to minors as defined by this code. (2) Multi-family residences. A parcel on which (2) Advertising as defined by this code, except is located amulti-family residence may dis- that advertising for the following purposes play not more than one (1) temporary sign may be displayed: with a sign area of not more than thirty-- two (32) square feet. No individual sign a. To indicate that an owner, either per- shall exceed eight (8) feet in height. Front sonally or through an agent, is actively setback shall be ten (10) feet and side set- attempting to sell, rent or lease the back shall be three (3) feet. property on which the sign is located. (3) On all other parcels. All other parcels may b. To identify construction in progress. display not more than one (1) temporary Such message shall not be displayed sign with an aggregate sign area of not more more than sixty (60) days prior to the than thirty-two (32) square feet. No sign beginning of actual construction of the shall exceed eight (8) feet in height. project, and shall be removed when con- (4) All areas. Three (3) temporary political struction is completed. If a message is signs, each not exceeding five (5) square feet displayed pursuant to this section, but in sign area and not more than five (5) feet construction is not initiated within six- in height, may be displayed on a parcel. ty (60) days after the message is dis- (Ord. No. 24-93, § 2, 10-14-93) played, or if construction is discontin- uedfor aperiod of more than sixty (60) Sec. 6-115. Permitted permanent accessory days, the message shall be removed, signs. pending initiation or continuation of (A) Sign types allowed. A permanent accessory construction activities. sign may be a ground or building wall sign. . _ Supp. No. 8 398.11 § 6-115 NORTH PALM BEACH CODE (B) Content. A permanent accessory sign may b. Each multiple occupancy complex may display only the following:. display one (1) permanent accessory (1) Letters depicting the name of the building building wall identification sign facing or the name of the building occupant. each public street frontage on the prin- cipal building in which the complex is (2) Letters depicting the nature of the busi- located, not to exceed a sign area of ness and that are a maximum of fifty (50) twenty (20) square feet. percent of the height of the letters in para- graph (B)(1) of this section. c. Each occupant of a multiple occupancy complex that has a licensed building (3) A logo symbol that has a height and width frontage which has direct ground level that does not exceed the size ofany letter in walk-in access- from a public or private paragraph (B)(1) of this section. roadway or sidewalk may display one (4) Street address number and/or name. The (1) permanent accessory building wall message may not be harmful to minors as sign on any exterior portion of the com- defined in this code. Alex that is part of the occupant's unit (C) Permissible number, area, spacing and (not including a common or jointly height of permanent accessory signs. owned area), and that has a maximum sign area of five (5) percent of the fa- (1) Ground signs: Cade area if the front building. setback a. Multi-family buildings. with more than is twenty-five (25) feet minimum, sev- four- (4) dwelling units. en (7) percent of the facade area if the Number -One (1) maximum. front building setback.. is seventy (70) feet minimum and ten (10) percent of Sign Area -Maximum thirty-two (32) the facade area if the front building set- square feet. back is one hundred (100) feet mini- Height -Eight (8) feet maximum. mum. Exception: An occupant that has Set back, Minimum. -Ten (10) feet building facade area facing multiple front -three (3) feet side. public street frontages may have one b. Commercial occupancy: (1) full size wall sign facing a public Number -One sign per parcel right- street frontage and cone-half (i/z) size of-way frontage maximum. wall sign. facing the other street front- ages. Building Sign sign sign Sign F¢ce d. Each occupant of a single occupancy setb¢ck Setb¢ck Height F¢ce Are¢ complex may display one (1) perma- Minimum Minimum Maximum Maximum Maximum nent accessory wall sign on the princi- Any 5 ft. s ft. 45 sq. ft. 75 sq. ft. pal building in which the occupancy is 25 ft. 5 ft. 8 ft. 45 sq. ft. 75 sq. ft. located,. not to exceed a sign area of five 50 ft. 15 ft. 10.5 ft. 45 sq. ft. 75 sq. ft. 70 ft. 20 ft. 13 ft. 60 sq. ft. 100 sq. ft. (5) percent of the facade area if the front 10o ft. ao ft. 13 ft. so sq. ft. 10o sq. ft. building setback is twenty-five (25) feet minimum, seven. (7) percent of the fa- (2) Building wall signs: Cade area if the front building setback a. Subject to the design criteria of this is seventy (70) feet minimum and ten. article,. the maximum mounting height (10) percent of the facade area. if the of a building wall sign shall... be eigh- front building setback is one hundred teen (18) feet; except that on a building feet (100) minimum. of more than two {2) stories, a single building wall sign is allowed above _ Exception:. An occupant that has bind- , eighteen (18) feet facing. each public ng facade area facing multiple public. street frontage. street frontages may have one. (1) full I Supp. No. s 398.12 i i I BUILDINGS AND BUILDING REGULATIONS § 6-115 size wall sign facing a public street itable, fraternal or other organizations may frontage and one-half (~/z) size wall sign be permanently displayed on any one par- facing the other street frontages. cel of land. (D) Directional signs. One (1) parking area di- (2) Size. The maximum distance from top to rectional sign may be erected at each point of in- bottom of any flag or flags shall be twenty gress and egress to a parking lot or parking area. (20) percent of the total height of the flag Such signs shall not exceed two (2) square feet in pole, or in the absence of a flag pole, twenty background area nor exceed three (3) feet in height. Such signs shall not create a traffic or pe- (20) percent of the distance from the top of destrian hazard. (See section 6-112(B)). the flag or insignia to the ground. The max- imum height of a flag pole shall be twenty (E) Signs dt entrances to residential develop- (20) feet. ments. (G) Utility signs. Public utility signs that iden- (1) Generally. Apermanent accessory sign may tify the location of underground utility lines and be displayed at the entrance to residential facilities, high voltage lines and facilities, and oth- developments. er utility facilities and appurtenances are permit- (2) Restrictions. ted so long as .they do not exceed three (3) feet in a. One (1) sign is permitted at only one height, and so long as the sign face does not ex- (1)entrance into the development from teed one-half ('/2) square foot. each abutting street. The sign may be (H) Street numbers. a single sign with two (2) faces of equal size or may be two (2) single-faced (1) Generally. Every building in the village structures of equal size located on each shall have its street number so affixed to side of the entrance. No face of the sign the building or the premises upon which shall exceed thirty-two (32) square feet the building is located that it is both visible in size, and may be illuminated in a and legible from the public street. steady light only. (2) Commercial buildings. Every commercial b. When considering the placement of building with a wall facing an alley shall such signs, the planning commission have each individual tenancy street num- shall consider the location ofpublic util- ber affixed to the building above or next to ities, sidewalks and future street wid- the rear door serving each tenancy so that ening. the number is both visible and legible from c. The planning commission shall ensure the alley. The street numbers shall be re- that such signs shall be maintained flective. perpetually by the developer, the own- (3) Height-Color. All street numbers shall be er of the sign, a pertinent owners' as- a minimum of three (3) inches in height on sociation, or some other person who is residential buildings and a minimum of six legally accountable under a mainte- (6) inches on commercial buildings. Maxi- nance arrangement approved by the vil- mum height of all street numbers shall be lage council. If no accountable person eight (8) inches. All street numbers shall be accepts legal responsibility to main- a sharply contrasting color with the build- tain the signs and no other provision has been made for the maintenance of ing. them, the signs shall be removed by. (4) Maintenance. It shall be the duty of the own- the developer or owner. er of the building to maintain the numbers (F) Flags. on the building in good condition. (1) Number. Not more than three (3) flags or (I) Signs in P-Public Zoning District. insignias of .governmental, religious, char- (1) Type-On premise, wall and ground signs. Supp. No. 8 398.13 § 6-115 NORTH PALM BEACH CODE (2) Number-Such number as shall be permit- door, or marquee, and the letters are ted by the village council, in its discretion, not enclosed by a border or trimming, to assist in the administration and opera- the sign area shall be the area within tion of the village and its various govern- the smallest rectangle, parallelogram, mental, recreation and proprietary opera- triangle, circle or semicircle, the sides tions. of which touch the extreme points of (3) Size-Height-Location. Shall be no great- the letters or pictures. er than the signs allowed in adjacent zon- (b) Where two (2) sign faces are placed ing districts. back to back on a single sign structure, (4) Additional signs. The following additional and the faces are at no point more than signs are permitted: Locational and direc- four (4) feet apart, the area of the sign ~ shall be counted as the area of one (1) tional signs at outdoor public recreation park and sporting events which may in- of the faces. elude advertising logo of the entity sponsor- (c) .Where three (3) or more sign faces are ~ ing the activity or event being held on pub- arranged in a square, rectangle, or di- licly owned property, including, but not amond, the area of the sign shall be the limited to youth athletic associations, orga- area of the two (2) largest faces. nized team competitions, swimming. meets, tennis tournaments and golf course bench- (C) Number of signs. es with direction and ball washing facilities (1) Generally. In general, the number of signs at each tee. shall be the number ofnon-contiguous sign (J) Strings of white light bulbs. Strings of white faces. Multiple non-contiguous sign faces j light bulbs may be permanently permitted. to out- may be counted as a single sign if all the line buildings and decorate trees on commercially sign faces are included in the geometric fig- developedproperty provided that such display does ure used for determining the sign area. not interfere with neighboring land uses. Abuild- (2) Special situations. ing permit is required. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 3, (a) Where two (2) sign faces are placed 8-11-94) back to back and are at no point more than three (3) feet apart, it shall be counted as one sign. Sec. 6-116. Measureffient determinations. (b) If a sign has four (4) faces arranged in (A) Facade area. The facade area shall be mea- a square, rectangle or diamond, it shall cured by determining the area within atwo-di- be counted as two (2) signs. mensional geometric figure coinciding with the (D) Sign height. The height of a sign shall be edges of the walls, windows, doors, parapets, mar- measured as the vertical distance from the fin- quees, and roof slopes of greater than forty-five fished grade, excluding berms, at the base of the (45) degrees that form a side of a building or unit. supporting structure to the top of the sign, or its (B) Sign area. frame or supporting structure, whichever is high- (1) Generally. The area of a sign shall be the er. area within the smallest square, rectangle, (Drd. r~lo. 24-3, § 2, 10-14-93) parallelogram, triangle, circle or semicir- cle, the sides of which touch the extreme Sec. 6.117. Design, construction, and loea- points or edges of the sign face. tion standards. (2) Special situations. (A) Generally. All permanent signs must com- (a) Where a sign is composed of letters at- ply with the following design, construction and tacked directly to a facade, window, location standard. supP. No. s 398.14 I BUILDINGS AND BUILDING REGULATIONS 8-149 (B) Compliance with building and electrical (F) Relationship to building features. Abuild- codes required. All permanent signs, and the illu- ing wall sign shall not extend beyond any edge of urination thereof, shall be designed, constructed the surface to which it is attached, nor disrupt a and maintained in conformity with applicable pro- major architectural feature of the building. visions of the building and electrical codes adopt- ed by the village. (G) Maximum projection. A building wall sign (C) Illumination standards. may project no more than four (4) feet perpendic- ularly from the surface to which it is attached. (1) All illuminated signs shall be internally (H) Maximum window coverage. The combined lighted and only by electricity. area of permanent and temporary signs placed on (2) All electric wiring shall be installed in con- or behind windows shall not exceed ten (10) per- - duit and concealed. The conduit shall be cent of the total window area at the same floor installed underground in accordance with level on the side of the building or unit upon which the village electric code. the signs are displayed. (3) Electrically lighted signs shall be automat- (I) Format for multiple occupancy complexes. A ically controlled to be disconnected daily at midnight or at the close of business if the sign format for building wall signs to be placed on advertised closing is later than midnight. multiple occupancy complexes shall be approved prior to a building wall sign being permitted to be (4) Sign lighting may not be designed or locat- constructed, altered or remodeled after the e$'ec- ed to cause confusion with traffic lights. tive date of this code. The sign format shall be (D) Placement standards. included as a submittal for authorization to erect such a sign .and shall be maintained on file in the (1) In right-of--way. Supports for signs or sign department of public services. As a minimum, the structures shall not be placed in or upon a sign format shall specify the types, dimensions, public right-of--way or public easement. placement, colors, and shape of the signs and the (2) Over right-of-way. No ground sign shall style of lettering which-shall lend a unified ap- project over a public right-of--way. pearance to the signs of the occupants of the com- (3) Blocking exits, fire escapes, etc. No sign or Plex. The sign format shall only be modified with sign structure shall be erected that impedes the approval of the planning commission upon sub- use of any fire escape, emergency exit, or mission of a revised plan and specifications detail- standpipe. ing the revised format. (4) All ground signs shall be erected within (J) Signs required to be designed. The following landscaped areas. Minimum distance from signs shall be designed by a Florida registered the edge of the landscaped area to the sign architect or engineer: base shall be three (3) feet. The landscap- (1) Building wall signs that project perpendic- ing shall consist of shrubbery a minimum ularly from the surface to which it is at- of thirty (30) inches high creating a hedge tached and that are more than twelve (12) or individual shrubs of the same or varying square feet in area. species thirty (30) inches high spaced not more than eighteen (18) inches apart at (2) Ground signs of more than forty (40) square their base. feet in area. (E) Clearance standards. (3) All signs shall be designed to withstand a (1) Over pedestrian ways. All signs over pedes- velocity pressure of fifty (50) pounds per trian ways shall provide a minimum of nine square foot. (9) feet of vertical clearance. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 05-94, § 1, 3-10-94) (2) Over vehicular ways. All signs over vehic- ular ways shall provide a minimum of thir- teen (13) feet six (6) inches of clearance. Secs. 6-118-6-149. Reserved. Supp. No. S 398.15 _'- § 6-150 NORTH PALM BEACH CODE ARTICLE VI. ENEI;.GY EFFICIENCY' plicable to other locations. In the event of a conflict BUILDING CODE between this article and other sections of this Code, the requirements resulting in the more restrictive Sec. 6-150. Adopted by reference. design shall. apply. No provisions in this article shall be construed to permit any con- Under the authority of F.S. section 163.295, the village hereby adopts, by reference thereto, the Florida Model Energy Efficiency Code, for Build- ing Construction, 1986 edition, as the energy code for the village. There have been for at least ten (10) days last past and shall be during the time that this code is in effect, three (3) copies of such code and recommended amendments kept avail- able for public use, inspection and examination. (Ord. No. 6-79, § 1, 4-26-79; Ord. No. 23-80, § 1, 10-9-80) ARTICLE VII. COASTAL CONSTRiJCTION CODE* Sec.. 6-151. Title. The provisions contained herein shall consti- tute the coastal construction code for construction within the coastal building zone and coastal bar- rier islands in the village and shall be referred to as the "coastal code." (Ord. No. 22-86, § 1, 12-i1-86) Sec. 6-152. Purpose. The purpose of the coastal code is to provide minimum standards for the design and construc- tion of buildings and structures to reduce the harmful. effects of hurricanes and other severe storms occurring along the coastal area of the vil- lage which fronton theAtlantic Ocean. These stan- dards are intended to specifically address design features which affect the structural stability of the beach, dunes and topography of adjacent prop- erties. The coastal code is site specific to the coast- al bliiiding ZOne as defined herein and is nof, ap- *Editor's note-Ordinance No. 22-86, § 1, adopted Dec. 11, 1986, amended Art. VII in its entirety to read as herein set out in 6-151-6-156. Formerly, Art. VII, 6-156-6-164, relative to the coastal construction code, derived from Ord. No. 3-86, § 1, adopted March 27, 1986. Cross references-Boats, docks and waterways, Ch. 5; construction requirements for canals, etc., § 5-56 et seq.; bulk- head lines, Ch. 7; flood damage prevention, Ch. 12.5. Supp. No. 8 398.16 ELECTRICITY § 11-12 ARTICLE I. IN GENERAL 80-12. Violations and penalties. Delete entirely. (Ord. No. 10-78, § 3, 5-25-78; Ord. No. 7-79, § 2, Secs. 11-1-11-10. Reserved. 4-26-79; Ord. No. 6-82, § 2, 2-25-82; Ord. No. 13- 85, § 2, 8-8-85; Ord. No. 19-86, § 2, 11-13-86; Ord. No. 6-88, § 2, 1-28-88) ARTICLE II. ELECTRICAL CODE* Sec. 11-11. Codes adapted. The National Electric Code, 1993 edition, and the Palm Beach Countywide Amendments there- to, and The Model Countywide Administrative Code, 1988 edition, dated October 17, 1990, for the building, electric, gas, mechanical and plumb- ing codes; all of which have been reviewed by the building code advisory board of the county, are hereby adopted and incorporated herein, as part of the minimum construction standards for the village. (Ord. No. 10-78, § 2, 5-25-78; Ord. No. 7-79, § 1, 4-26-79; Ord. No. 6-82, § 1, 2-25-82; Ord. No. 13- 85, § 1, 8-8-85; Ord. No. 19-86, § 1, 11-13-86; Ord. No. 6-88, § 1, 1-2$-88; Ord. No. 19-91, § 2, 5-23-91; Ord. No. 14-94, § 2, 8-11-94) Editor's note-It should be noted that the county amend- ments referred to herein are not set out; the amendments may be found in the oi~ce of the village clerk. Sec. 11-12. Amendments, corrections, addi- tions. The following amendments, corrections and ad- ditions to the .recommended amendments of the building code advisory board of the county are hereby made and adopted, such amendments, cor- rections and additions being set forth herein with reference to and prefaced by the section number and title of the amendments, as follows: 80-8.10.4. Schedule of permit fees. Amend to read: See Chapter 6, Article II of the village Code. 80-10. Board of adjustment and appeals: The board referred to within this section shall be the village contractors board. *Editor's note-Ordinance No. 10-78, 2, 3, enacted May 25, 1978, adopted provisions designated as 13-1, 13-2 of the 1970 Code; the editor has redesignated the provisions as Art. II, ll-11, 11-12 of this Code. [The next page is 723] Supp. No. 8 673 I 1 i HEALTH AND SANITATION § 14-28 ARTICLE I. IN GENERAL Sec. 14-26. Frequency of collection. Secss. 14-1-14-15. Reserved. Commercial garbage shall be collected at least three (3) times a week, and with greater frequen- cy and in such manner as shall be directed by the ARTICLE II. GARBAGE, TRASH AND village manager. REFUSE* (Code 1970, § 18-41) DIVISION 1. GENERALLY Sec. 14-27. Charges-Generally. All property within the village which is im- Secs. 14-16-14-22. proved by a structure for which a certificate of occupancy is .issued after February first of any DIVISION 2. GARBAGE COLLECTION AND year and for which garbage and trash collections DISPOSAL are made by the village shall pay the following fees for collection and disposal of garbage and trash Sec. 14-23. Definition. during the remainder of that calendar year in which the certificate of occupancy is issued: As used in this division, "commercial garbage" (1) One- andtwo-family homes, four dollars and shall mean every refuse accumulation of animal, twenty-three cents ($4.23) per dwelling unit fruit or vegetable matter that attends the prepa- per month, or fraction thereof. ration, use, cooking and dealing in, or storage of meats, fish, fowl, fruits or vegetables, .and any (2) Dwellings of three (3) units or more, four other matter of any nature whatsoever which is dollars and twenty-three cents ($4.23) per subject to decay and the generation of noxious or unit per month, or fraction thereof. Where o$'ensive gases or odors, or which, during or after a dwelling of three (3) or more units is a decay, may serve as breeding or feeding material condominium and the condominium associ- for flies or other germ-carrying insects. ation or the developer of the condominium (Code 1970, § 18-1) notifies the director of public services, gar- Cross reference-Rules of construction and definitions bage and trash fees shall be billed to the generally, § 1-2. individual owners of condominium units. Sec. 14-24. Garbage cans-Required. (3) For commercial establishments, four dol- lars and twenty-three cents ($4.23) per Garbage containers at each commercial estab- month, or fraction thereof. lishment within the village and at each multifam- (Code 1970, § 18-49; Ord. No. 2-74, § 1) ily dwelling which contains three (3) or more units shall provide dumpster-type garbage containers Sec. 14-28. Same-Fee for excess amounts which can be collected by village garbage vehicles from commercial establishments. using the dumpster collection method. (Code 1970, § 18-23; Ord. No. 6-75, § 1, 6-12-75) In the event any commercial establishment has more than two (2) cubic yards of garbage at any Sec. 14-25. Same-To be kept covered. one (1) pickup, the occupant thereof shall pay one All commercial garbage cans shall be kept tight- dollar ($1.00) per cubic yard for all garbage cal- ly covered at all times, except when necessary to lected in excess of two (2) cubic yards. In the event lift the covers for the purpose of depositing gar- any commercial establishment has more than six bage in the garbage can or for the purpose of emp- (6) cubic yards of garbage picked up during any tying such garbage into a garbage truck. one (1) week, the occupant thereof shall pay one (Code 1970, § 18-24) dollar ($1.00) per cubic yard for all garbage col- lected in excess of six (6) cubic yards per week. *Cross reference-Refuse disposal divisions, § 2-85(e). (Code 1970, § 18-48) Supp. No. 8 891 § 14-29 NORTH PALM BEACH CODE Sec. 14-29. Same-When and where paid. (3) Waste disposal fees shall be due and pay- - able to the village yearly in advance on October 1 All payments required by this. division shall be of each year regardless of occupancy or use of the made to the village by the fifteenth of the month property charged. The fees shall be billed to the for which service is rendered. All delinquent ac- property owner of record as shown on the county counts are subject to stoppage of service without tax rolls. Failure to pay the fees when due may notice. If a delinquent account is not paid within result in the discontinuance of the waste removal thirty (30) days, the director of public services shall service and/or the placing of a lien by the village cease all refuse collection for that account unless council in the amount of the fees due against the otherwise directed by the village manager. Ser- property to which service is available, and/or ac- vice shall be resumed thereafter only upon pay- tion by the village code enforcement board. ment of the accumulated fees for the period of collection and the period of noncollection unless (4) The collection of garbage and trash by a pr- the village manager specifically directs otherwise. vate person, firm, or corporation hired for such The stoppage of service herein authorized for non- Purpose is prohibited except where dumpsters of payment of collection charges shall be in addition greater than two-cubic-yard capacity are used. to the right of the village to proceed for the col- (Ord. No. 37-90, § 1, 10-25-90; Ord. No. 34-91, § 1, 11-14-91; Ord. No. 18-92, § 1, 10-22-92; Ord. No. lection of such unpaid charges in a manner pro- 19-94, § 1, 10-13-94) vided by law. (Code 1970, § 18-53; Ord. No. 2-74, § 2) Secs. 14-31-14-36. Reserved. .Sec. 14-30. Commercial use property waste disposal fees and collection pro- cedures. DIVISION 3. ABANDONED, INOPERATIVE (1) For purposes of this section, commercial use AND JUNKED PROPERTY* property shall include all property parcels in the village upon which a building exists with the ex- Sec. 14-37. Definitions. ception of residential use property, village-owned property and other property used for governmen- As used in this division, the following terms tal purposes. shall have the indicated meanings: {2) Annual disposal fees for garbage and trash Motor vehicle includes all vehicles as defined in and all other refuse collected by the Pllage of F.S. section 320.01(1), or as elsewhere defined in North Palm Beach shall be charged as herein pro- the Florida Statutes, and shall include, in addi- vided, except as otherwise stated. tion, .any vehicle which is self-propelled and de- Occupancy Category Fee per Square Foot signed to travel along the ground or water and shall include, but not be limited to, automobiles, Low $ 0:036 buses, motor scooters, motor bicycles, motorcy- Medium 0.074 cles, trucks, tractors, go-carts, .golf carts, campers, High 0.303 trailers and motorboats. Minimum charge 0:036 prLUafe T1rL1T1e rtJ means, any real pTl1pPT'ty Wltfl- I Occupancy category is as determined by the Palm in the village which is privately owned and which I Beach County Solid Waste Authority is not public property as defined in this section. Total square feet is as determined by the Palm public property means any street or highway Beach 'County Tax Appraiser. which shall include the entire width between the boundary lines of every way publicly maintained Fee per square foot is as published annually by the Palm Beach County Solid Waste Authority. *Cross reference-Motor vehicles and traffic, Ch. 18. Supp. No. s 892 I HEALTH AND SANITATION § 14-38 for the purposes of vehicular travel, and shall also mean any other publicly owned property or facil- ity. (Code 1970, § 23-16; Ord. No. 7-73) Cross reference-Rules of construction and definitions generally, § 1-2. Sec. 14-38. Prohibited conditions; enumer- ated exceptions. No person shall park, store, leave or allow or permit the storage, leaving or allowing of any abandoned, wrecked, dismantled, inoperative, Supp. No. s 892.1 r r LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS=~ § 17-28 Sec. 17-23. Declaration where fee depends Sec. 17-25. Transfer of license to new loca- on variable factors within appli- tion. cant's knowledge. Business licenses may be transferred from lo- Whenever the amount of the license applied for cation to location with the approval and written depends upon the amount of stock in trade carried authorization of the licensing officer endorsed by the applicant, or the number of sleeping rooms thereon, provided no change of ownership has oc- in ahotel, motel, apartment or rooming house, curred or is in process and the license classifica- etc., or the amount of capital invested in the busi- tion in which the license was originally issued ness, or the number of seats or spaces in a res- remains unaffected, but such transferred license taurant, etc., or the number of employees, or the shall not be held good for any longer time or any number of vehicles, or any other facts not within other place than that for which it was originally the personal knowledge of the licensing officer, no issued; provided that the original license shall be license shall be issued until the applicant therefor surrendered to and filed with the licensing officer has made and filed with the licensing officer a at the time application for transfer is made, and declaration setting forth the amount of stock in such transferred license after being approved shall trade, the number of sleeping rooms, the amount be of the same force and effect as the original of invested capital, the number of seats or spaces, license. At the time any such license is trans- the number of employees, the number of vehicles, ferred, the person applying for such transfer shall or other facts upon which the amount of such li- pay to the licensing officer a transfer fee equal to cense depends, which, to the best of the appli- ten (10) percent of the annual license tax but not cant's knowledge and belief, is true, correct and less than three dollars ($3.00) and not more than complete. twenty-five dollars ($25.00). (Ord. No. 7-81, § 1, 7-23-81) (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 15-94, § 2, 7-11-94) Sec. 17-24. Transfer of license to new own_ state law reference-Transfer to new location, F.S. § er. 205.043(3). Business licenses granted or issued under the Sec. 17-26. License to be posted or carried. provisions of this article may be transferred with All licenses granted hereunder shall be posted the approval and written authorization of the li- in a conspicuous -place on the premises where the tensing officer endorsed thereon, with the busi- licensed business is being conducted, either sta- ness for which they were taken out when there is tionary or mobile or in case of solicitors and Can- a bona fide sale and transfer of the property used vassers, said license must be carried upon their and employed in the business, but such trans- person. ferred license shall not be held good for any longer (Ord. No. 7-81, § 1, 7-23-81) time or any other place than that for which it was originally issued; provided, that the original li- Sec. 17-27. Duplicate licenses. cense shall be surrendered and filed with the li- The licensing officer shall make a charge of one tensing officer at the time application for transfer dollar ($1.00) for each duplicate license issued to is made, and such transferred license after being replace any license issued under the provisions of approved shall be of the same force and effect as this article which has been lost, stolen, defaced or the original license. At the time any such license destroyed, without any willful conduct on the part is transferred, the person applying for such trans- of the licensee, upon the filing by the licensee of a fer shall pay to the licensing officer a transfer fee statement attesting to such fact. equal to ten (10) percent of the annual license tax (Ord. No. 7-81, § 1, 7-23-81) but not less than three dollars ($3.00) and not Sec. 17-28. Doing business not covered by li- " more than twenty-five dollars ($25.00). cense; license obtained by false (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 15-94, § 1, statements void ab initio. 7-11-94) State law reference-Transfer to new owner, F.S. § No license issued under the provisions of this 205.043(2). article shall protect any person from prosecution Supp. No. 8 1055 § 1.28 NORTH PALM BEACH CODE for transacting any business, trade or profession (b) Any person entitled to an exemption provid- not covered by such license, nor shall it protect ed by this section shall, upon application and fur- any merchant doing business with a greater stock nishing of the necessary proof, execute an a$ida- in trade than covered by such license, or any hotel vit supporting his right to exemption, and be keeper or rooming house keeper having a greater issued a license which shall have plainly stamped number of rooms than is covered by such license. or written across the face thereon the reason for Any license issued upon any false statement made exemption. under .oath shall be considered as void ab initio (Ord. No. 7-81, § 1, 7-23-81) and shall not protect the holder thereof from pros- ecution for transacting business without a license. (Ord. No. 7-81, § 1, 7-23-81) Sec. 17-32. Engaging in business without li- cense or under license issued on Sec. 17-29. Compliance by principal deemed false statements. compliance by agent; noncompli- ance of principal. It shall be unlawful for any person to engage in Where the principal, master or employer has any business, profession or occupation required to complied with the provisions of this article, it shall be licensed hereunder without a license or under be unnecessary for his agent, servant or employee a license issued upon false statements made by to comply herewith, unless otherwise expressly such person, or in his behalf. Any person engaged provided for herein; provided, however, that in the in any such business, profession or occupation event such principal, master or employer shall not without first obtaining a license, if required here- havecomplied with this article, each of his agents, in, shall pay a penalty of twenty-five (25) percent servants or employees shall be subject to prose- of the full year license fee for such trade, in addi- cution, and, upon conviction, to fine or imprison- tion to the license fee set forth herein. meet to the same extent as his principal, master or employer. In any original prosecution under this section, (®rd. No. 7-81, § 1, 7-23-81) the fact that such person is open for business, Sec. 17-30. Suspension or revocation of li- shall be prima facie evidence of engaging in such cease; refund of fee. trade, business, profession or occupation, and the burden shall be upon the defendant to rebut the Any license hereafter issued by the village may same. be temporarily suspended or absolutely revoked (Ord. No. 7-81, § 1, 7-23-81) or cancelled by a majority vote of the village coun- cil, when such council shall have ascertained and determined, in the exercise of its sound discre- Sec. 17-33. License tax schedule. tion, that such action will promote the public peace, health, safety, welfare, harmony or good The amount which shall be paid by the several order of the neighborhood in which the licensee's firms, persons or associations engaging in or man- place of business is located; provided, however, aging businesses, professions or occupations for that in the case of the revocation and cancellation which a license is required is hereby fixed as fol- ofsuch license, the village refund to such licensee lows: the pro rata unearned or unused portion of his AGRICULTURAL SERVICES license, provided, further, that no refund shall be made where the license is temporarily suspended. Veteririary Services: (Ord. No: 7-81, § 1, 7-23-81) Veterinary service form a truck $ 115.00 Sec. 17-31. License tax exemptions. Veterinary service to animal spe- (a) All persons entitled to license tax exemp- cialities 115.00 ' tions by law in connection with state and county licenses shall be entitled to exemption under this Animal specialty services, except article. veterinary 115.00 Supp. No. 8 1056 i LICENSES AND MISCELLANEOUS BUSINESS REGTJLATIONS § 17-33 Landscape and Horticulture Servic- Natural gas transmission (franchise) 500.00 es: Natural gas distributors 500.00 Landscape counseling and plan- Liquified petroleum distributors.... 500.00 ping 115.00 Water supply (franchise)........... 500.00 Lawn and garden service 100.00 Sanitary sewer services (franchise) . 500.00 Ornamental shrub and tree ser- vice 170.00 WHOLESALE TRADE Building construction-Contractors Wholesale trade -durable goods: as defined by the Contractors Li- Inventory value cost -not exceed- censing Board of Palm Beach ing $1,000.00 34.00 County 170.00 Each additional $1,000.00....... 9.00 TRANSPORTATION RETAIL TRADE Local trucking 55.00 Retail store: Taxi cabs: Inventory value cost -not exceed- Each place or business 80.00 ing $1,000.00 34.00 Each vehicle 55,00 Each additional $1,000.00....... 9.00 Water transportation of passengers. 55.00 Filling station, marine/auto%ther: Marinas (also see retail) each space 1-4 pumps 80.00 (minimum $25.00) 2.50 Each additional pump 20.00 Water transportation services NEC. 55.00 Eating place ($50.00 minimum) each Arrangement of passenger transpor- seat 2.50 tation 150.00 Drinking place (alcoholic drinks) Arrangement of freight/cargo trans- 050.00 minimum) each seat 2.50 portation . . 150.00 Food service - no seats 115.00 COMMUNICATIONS Non-store retail: Radiotelephone communications 150.00 Catalog and mail order.......... 115.00 Telephone company (franchise) 50.00 Automatic merchandise machines operator 255.00 Telephone communication except ra- diotelephone 150.00 Each machine 30.00 Tele a h Fuel oil dealer 115.00 P 435.00 _ Radio/television broadcastin LP gas dealer (bottled gas) 115.00 g 375.00 Direct selling -each person/vehi- Cable and other pay television ser- cle 115.00 vices 375.00 Solicitor/canvasser each: ELECTRIC, GAS AND SANITARY SERVICES Per year 300.00 Electric services (franchise) 500.00 Per month 100.00 Supp. No. 8 1057 § 17-33 NORTH PALM BEACH CODE Retail store NEC: Coin operated laundry/dry clean- Florist 115.00 mg. Tobacco store 115.00 Operator 1-20 machines 115.00 Each additional machine 5.50 News dealer/news stand 115.00 Photographic studio, portrait 115.00 Optical goods store 115.00 Beauty shop 115.00 Miscellaneous Retail Store NEC 115.00 Each state licensed operator . 30.00 FINANCE, INSURANCE, REAL ESTATE Barber shop 115.00 Depository institution 255.00 Each state licensed operator . 30.00 Non-depository credit institution 255.00 Shoe repair shop 115.00 Security and commodity brokers/ Funeral service 255.00 dealers 625.00- 30.00 Additional for ambulance ser- Brokers sales agent vice 170.00 INSURANCE Tax preparation service 115.00 Insurance carriers 115.00 Miscellaneous personal service Insurance agents, broker service 115.00 NEC 115.00 Insurance agents, broker service 115.00 Insurance sales agent 30.00 Business Service: Advertisin agency 150.00 ~ REAL ESTATE g Real estate operator ($25.00 mini- Consumer credit reporting/collec- mum): tion 115.00 Base (1-5 sleeping rooms) 11.50 Mailing, reproduction, commercial Each additional sleeping room 2.50 art and stenographic service . 115.00 Real estate agents and manager 115.00 Services to dwellings 115.00 Real estate sales agent, 30.00 Miscellaneous equipment rentaU Title abstract office................. 115.00 leasing 115.00 Land subdividers and developers... 170.00 personnel supply services........ 150.00 Holding and other investment offices 255.00 Computer programming, data pro- SER~TICES cessing 115.00 Ilotels, rooming houses, etc. ($25.00 Miscellaneous business services 115.00 minimum): Business services NEC 115.00 Base (1-5 sleeping rooms} , . , . 11.50 170.00 Telemarketing . Each additional sleeping room 2.50 plus each phone 35.00 Personal Services: AUTO SERUICE/R,EPAIR Laundry, cleaning, garment ser- vice 115.00 Auto rental....................... 115.00 Supp. No. 8 1058 l LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS= § 17-33 Auto repair shop: HEALTH SERVICES 2 persons 30.00 Licensed practitioner each......... 115.00 3-4 persons 50,00 Nursing and personal care facility.. 170.00 5-6 persons 80.00 Hospital.......................... .170.00 7-10 persons 150.00 Medical and dental laboratory 170.00 11-20 persons 185.00 Home health care 115.00 More than 21 persons 300.00 Miscellaneous health services NEC. 115.00 Car wash 115.00 LEGAL SERVICES MISCELLANEOUS REPAIR SERVICES Legal services . . 115.00 Misc. repair services store 115.00 Attorneys each 115.00 Misc. repair services from a truck 55.00 EDUCATION SERVICES Misc. repair services with retail store 55.00 Elementary and secondary school 115.00 MOTION PICTURES Vocational school 115.00 Schools and educational services Motion picture production/distribu- NEC 115.00 for 115.00 Motion picture theatre/drive-in..... 225.00 SOCIAL SERVICES Plus per seat/per space 0.40 Individual and Family Services AMUSEMENT AND RECREATION SERVICE Job training service 115.00 Child care facility (Fla. Statute).. 140.00 Dance studios 115.00 Family day care (Fla. Statute) 55.00 Theatrical produces 115.00 Community residential home (Fla. Bowling center (1-5 alleys) 115.00 Statute) 140.00 Each additional alley............ 30.00 Social services NEC 115.00 Commercial sports 170.00 Membership organizations 115.00 Physical fitness facilities 115.00 ENGINEERING, ACCOUNTING, RESEARCH, MANAGEMENT AND RELATED SERVICES Coin operated amusement device op- erator 255.00 Engineering, architectural and sur- plus each machine 30.00 veying services Engineering, architectural and Amusement and recreation services surveying -each practitioner 115.00 NEC 115.00 Residential designer , 115.00 Fortune teller -fee charged..... 1,000.00 ACCOUNTING, AUDITING AND BOOKKEEP- No fee charged -contribution 1,875.00 ING SERVICES Phrenologist -fee charged 1,250.00 Accounting/bookkeeping service 115.00 No fee charged -contribution 1,875 Certified public accountant each 115.00 Supp. No. s 1059 § 17-33 NORTH PALM BEACH CODE _ - RESEARCH, DEVELOPMENT AND TESTING tection afforded the citizens of the village and such SERVICES classes of business, profession and occupation Research, development and testing whose regulationFhas not been preempted by the state or county and to protect the general welfare, services 115.00 safety and public health and morals of the resi- MANAGEMENT AND PUBLIC RELATIONS dents of the village. Unless otherwise stated, the SERVTCES amount of such regulatory fee specified shall be on the basis of one (1) year. Management service 115.00 (Ord. No. 7-51, § 1, 7-23-81) Management consulting services 115.00 Sec. 17-34.1. Registration required. Public relations services 115.00 pmy person who engages in any business, occu- Facilitysupport management servic- pation or profession within the village not re- es 115.00 quired to obtain a certificate of regulation as here- Business consulting service NEC 115.00 in provided such as general contractors and (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 7-90, § 1, subcontractors, shall be certified with the licens- 4-12-90; Ord. No. 18-90, § 1, 6-28-90; Ord. No. ing officer of the village by executing an informa- 15-94, § 3, 7-11-94) tion form provided by the village. The purpose of such certification is to provide the village with Sec. 17-33.1. Marking of commercial vehi- information concerning those who are doing busi- Iles. ness within the village and, where appropriate, to assure the village that such persons are licensed (a) It shall be the duty of every person doing countywide by the county. The fee for this certifi- business within the village, to have each and ev- cation shall be two dollars ($2.00). Anyone violat- ery truck or other vehicle used on a job within the ing this provision by failing to register the re- village painted with or otherwise display the name quired information with the licensing officer shall of the person owning same, together with the busi- be deemed guilty of a misdemeanor of the second ness address, and the telephone number of the degree. place of business. (Ord. No. 7-81, § 1, 7-23-81) (b) Each such vehicle- shall be lettered either on Sec. 17-34.2. Application for certificate of the door or on the body in such a manner as to be regulation. legible. (Ord. No. 7-81, § 1, 7-23-81) Before the village shall be required to issue a certificate of regulation for engaging in or carry- ing on any of the businesses, professions or occu- ARTICLE III. BUSIIaTESSES LOCATED pations specified and set forth herein, it shall be OUTSIDE VILLAGE LIMITS the duty of the applicant to file an application with the licensing officer, such application to be in Sec. 17-34. Certificate of business regulation the form required by the village and such appli- required; basis of one yeas: cant shall be required to furnish to the licensing Pursuant to section 166.221, Florida Statutes, a officer such other information not contained in the re alato~ ~ ~ application as the village manager may require. g• '3' fee. is ..ereby imposed b;~ the village ~r~ (Ord. No. 7-81, § 1, 7-23-81) the respective amounts set forth in section 17-33 of the Code, for the regulation of any business, Sec. 17-34.3. Issuance of certificate of regu- profession and occupation carried on within the municipal boundaries of the village when such lation; duration; half-year cer- business, profession and occupation does not have tificate; when due and payable. a place of business within the village. This regu- All certificates of regulation shall expire on the lation is instituted and is related to consumer pro- thirtieth day of September of each year. No cer- t Supp. No. 8 1060 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-34.8 tificate shall be issued for more than one (1) year. when he finds that the applicant operates without For each certificate obtained between September private profit, for. a public, charitable, education- 1 and March 31, the full fee for one (1) year shall al, literary, fraternal or religious purpose. be paid, except as hereinafter provided. For each (1) Application for special permit. An appli- certificate obtained between April 1 and Septem- cant for a special permit shall submit an bar 1, one-half of the full fee for one (1) year shall application therefor to the licensing officer, be paid, except as otherwise provided. Ahalf--year upon forms prescribed by the officer, and certificate issued pursuant to the provisions of this shall furnish such additional information article, however, shall be granted only as an ini- and make such affidavit as the licensing tial certificate. Subsequent certificates must be officer shall require. issued on a full-year basis, regardless of the date of application, except where a period of at least (2) Special permittees must conform. A person five (5) subsequent consecutive years without a operating under a special permit shall op- certificate has elapsed in which case the charac- erate his nonprofit enterprise in compli- teristics of an initial certificate will a 1 rovid- ante with this section and all other rules pp y' p and regulations. ed all other provisions of this article are fully sat- (Ord. No. 7-81, § 1, 7-23-81) isfied. Upon payment of such fee, the licensing officer shall issue to the person paying the same, .Sec. 17-34.6. Duplicate certificates of regu- a receipt for the certificate of regulation signed by lation. such licensing officer, which receipt or certificate shall expire at the end of the period for which The licensing officer shall make a charge of one such certificate is issued as hereinabove specified. dollar ($1.00) for each duplicate certificate of reg- (Ord, No. 7-81, § 1, 7-23-81) elation issued to replace any certificate issued un- der the provisions of this article which has been lost, stolen, defaced or destroyed, without any will- Sec. 17-34.4. Certificate of regulation renew- ful conduct on the part of the certificate holder, al; delinquency penalty. upon the filing by the certificate holder of a state- ment attesting to such fact. All certificates of regulation issued hereunder (Ord. No. 7-81, § 1, 7-23-81) may be renewed without penalty no later than September 30 upon application of the certificate Sec. 17-34.7. Doing business not covered by holder. Certificates not renewed by October 1 shall certificate of regulation; certif- be considered delinquent and subject to a delin- ieate obtained by false state- quent penalty of ten (10) percent of the full year manta void ab initio. certificate fee for the month of October, plus an No certificate of regulation issued under the pro- additional five-percent penalty for each month of visions of this article shall protect any person from delinquency thereafter until paid. The total delin- prosecution for transacting any business, trade or quency penalty shall never exceed twenty-five (25) profession not covered by such certificate. Any cer- percent of the full year certificate fee for that ap- tificate issued upon any false statement made un- plicant. der oath shall be considered as void ab initio and (Ord. No. 7-81, § 1, 7-23-81) shall not protect the holder thereof from prosecu- tion for transacting business without a certificate Sec. 17-34.5. Special permit for nonprofit en- of regulation. terprise. (Ord. No. 7-81, § 1, 7-23-81) The licensing officer shall issue special permits, Sec. 17-34.8. Compliance by principal without payment of any certificate of regulation deemed compliance by agent; fees or other charges therefor, to any person or noncompliance of principal. organization for the conduct or operation of a non- Where the principal, master or employer has profit enterprise, either regularly or temporarily, complied with the provisions of this article, it shall Supp. No. 8 1061 § 17-34.8 NORTH PALM BEACH CODE be unnecessary for his agent, servant or employee issued a certificate of regulation which shall have to comply herewith, unless otherwise expressly plainly stamped or written across the face there- providedfor herein; provided, however, that in the on the reason for exemption. event such principal, master or employer shall not (Ord. No. 7-81, § 1, 7-23-81) have complied with this article, each of his agents, servants or employees shall be subject to prose- Sec. 1'7-34.11. Engaging in business without cution and, upon conviction, to a fine or imprison- certificate of regulation or un- ment to the same extent as his principal, master der certificate issued on false or employer. statements. (Ord. No. 7-81, § 1, 7-23-81) (a) It shall be unlawful for any person to en- gage in any business, profession or occupation re- Sec. 1?'-34.9. Suspension or revocation of quiring a certificate of regulation hereunder with- certificate of regulation; refund out a certificate or under a certificate issued upon of fee. false statements made by such person on his be- half Any person engaged in any such business, Any certificate of regulation hereafter issued by profession or occupation without first obtaining a the village may be temporarily suspended or ab- certificate, if required herein, shall pay a penalty solutely revoked or cancelled by a majority vote of of twenty-five (25) percent of the full year certifi- the village council, when such council shall have cafe of regulation fee for such trade, in addition to ascertained and determined, in the exercise of its the certificate of regulation fee set forth herein. sound discretion, that such action will promote (b) In any original prosecution under this see- the public peace, health, safety, welfare or harmo- tion, the fact that such person is open for business ny of the village; provided, however, that in the shall be prima facie evidence of engaging in such case of the revocation and cancellation of such trade, business profession or occupation, and the l certificate, the village shall refund to such certif- burden shall be upon the defendant to refute the irate holder the pro rata unearned or unused por- same. tion of his certificate, provided, further, that. no (Ord. No. 7-81, § 1, 7-23-81) refund shall be made where the certificate is tem- porarily suspended. Sec. 17-34.12. Certificate of regulation fee (Ord. No. 7-81, § 1, 7-23-81) schedule. Sec, 17-34.10. Certificate of regulation fee The amount which shall be paid by the several firms, persons or associations engaging in or man- exemptions, aging businesses, professions or occupations for (a) Disabled veterans of the Spanish-American which a certificate of regulation is required is here- War, World War I, World War II, Korean War, and by fixed as provided for in Article II, section 17-33 Vietnam War, all confirmed. cripples, blind, deaf of this chapter. and speech-impaired persons, invalids physically (Ord. No. 7-81, § 1, 7-23-81) incapable of manual Iabor, widows with minor de- pendents, and persons sixty-five (65) years of age Sec. 17-34.13. Marking of commercial vehi- or older shall be allowed the same exemptions as Iles. such persons are now or shall hereafter be enti- tled to bylaw in connection with state and county (a) It shall be the duty of every person doing licenses. business within thhe -village, to have each and ev- ery truck or other vehicle used on a job within the (b) Any person entitled to an exemption provid- village painted with or otherwise display the name ed by this section shall, upon application and fur- of the person owning same, together with the busi- nishing of the necessary proof, execute an affida- ness address, and the telephone number of the vit supporting his right to exemption, and be place of business. Supp. No. 8 1062 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-62 (b) Each such vehicle shall be lettered either on ARTICLE VI. GARAGE AND OTHER the door or on the body in such a manner as to be SALES* legible. (Ord. No. 7-81, § 1, 7-23-81) Sec. 17-61. Garage sales. All so-called "garage sales" or other sales involy- ing the offering for sale of multiple items of per- Secs. 17-35-17-39. Reserved. sonal property on property occupied as a resi- dence shall be subject to the following rules and regulations: (1) No one shall accept or take in for sale any ARTICLE IV. RESERVED goods from any commercial business or en- terprise on a consignment basis. (2) No signs shall be posted anywhere in the Secs. 17-40-17-49. Reserved. village advertising such sales, except that the property owner may install on the res- idential lot on which such sale is to be held one (1) sign not larger than two (2) feet by three (3) feet, advertising such sale. Such ARTICLE V: AMBULANCES signs shall be erected not sooner than one (1) day prior to the date of the sale, and shall be removed at the end of the last day Sec. 17-50. Definition. upon which the sale is held. (3) No more than two (2) such sales per annum For the purpose of this article, the term "ambu- shall be held at the premises if occupied by lance" shall mean any vehicle designed, equipped the same family or any member of such fam- and used to carry or transport sick or injured per- ily. sons. (Ord. No. 4-80, § 1, 2-14-80) (4) Any sale conducted pursuant to the provi- sions hereof shall be confined to the period between 8:00 a.m. and 9:00 p.m. of any day Sec. 17-51. Unlawful operation. and shall not extend in excess of two (2) days. (Ord. No. 12-80, § 1, 6-12-80) It shall be unlawful for any person to engage in the business of operating an ambulance within Sec. 17-62. Permit required. the village or from within the village to a point outside the village without first having obtained Any person conducting a garage sale or other from the county a certificate of public convenience sale involving the offering for sale of multiple items and necessity to operate an ambulance service in of personal property on property occupied as a zone 2 of the county, except that such ambulant- residence shall be required to obtain a permit e(s) maybe operated within zone 2 at the request therefor from the village. Applications for such of a representative of the holder of a certificate of permit shall be made to the village building offi- public convenience and necessity for zone 2 of the cial in such form as may be required. county. (Ord. No. 12-80, § 1, 6-12-80) (Ord. No. 4-80, § 1, 2-14-80) *Ed3tor's note-Ord. No. 12-80, § 1, adopted June 12, 1980; amended Ch. 15 with the addition of new 17-50-17-52 However, since the Code already contained sections with these numbers, the editor has redesignated said provisions as Secs. 17-52-17-60. Reserved. 17-61-17-63 as herein set out. Supp. No. 8 1063 § 17-63 NORTH PALM BEACH CODE Sec. 17-63. Violations. Any person violating any of the provisions of this article shall be deemed guilty of a misdemean- or and upon conviction thereof, shall be fined a sum not to exceed five hundred dollars ($500.00). Each day during which any violation of this ordi- nance continues or exists shall be deemed to be a separate violation. (Ord. No. 12-80, § 1, 6-12-80) i I (The next page is 1121) supp. No. s 1064 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, D. Yard space regulations. There shall be a front land or water shall be used, except for one (1) or yard of not less than fifty (50) feet measured from more of the following uses: the street line to the front building line, except 1. Any use permitted in the C-1A limited com- along both sides of U.S. 1, no setback less than mercial district, 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- secting U.S. 1, measured from the right-of--way 3. Personal service establishments, including, line of said U.S. 1, .side yards of at least twenty- but not limited to, banks, barbershops, five (25) feet in depth shall be provided. bowling alleys, beauty salons, medical and 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 the street line to the side building line, more than five (5) persons on the prem- and only for structures in excess of ises, exclusive of owner or manager and twenty (20) stories in height shall five employees who spend the greater part (5) feet be added to the required side of their time outside of, rather than on yard for each story added to the build- the premises, such as delivery men, 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- 6. Mobile home park. oastal Waterway line or existing bulk- - 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. 8 2501 § 45-33 NORTH PALM BEACH CODB - 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-1A limited commercial have a minimum floor area of seven hun- district for dwellings, churches, motels, ho- died fifty (750) square feet. An additional tels, time-share units and restaurants. one hundred fifty (150) square feet of floor area shall be required for each additional 2. For general business, commercial or per- bedroom provided. sonal service establishments, one (1) space 2. In time-share structures, each dwelling unit for each one hundred (100) square feet of having one (1) bedroom shall have amini- nonstorage first floor area, plus one (1) space mum floor area of seven hundred fifty (750) for each two hundred (200) square feet of square feet. An additional one hundred fif- nonstorage area above the first floor. ty (150) square feet of floor area shall be 3. Medical or dental offices or clinics, one (1) required for each additional bedroom pro- - space for each one hundred fifty (150) vided. square feet of floor area, up to three thou- sand (3,000) square feet; one (1) additional G. Conditions for permitted uses: space for each additional two hundred (200) 1. All activities, sales and storage of goods square feet of floor area up to five thousand must be conducted entirely within complete- (5,000) square feet; one (1) additional space ly enclosed buildings with permanent non- for each additional two hundred fifty (250) moving outside walls. square feet of floor space in excess of five 2. No outside sidewalk or parking lot storage thousand (5,000) square feet. (or) display of merchandise will be permit- 4. Offices, one (1) space for each three hue- ted. dyed (300) square feet of floor area used for (Ord. No. 20-72, § 1; Ord. No. 4-73; Ord. No. 10- office purposes. 73, 8, 9, 9-13-73; Ord. No. 22-82, 8, 9, 12-9- 5. Schools and public buildings, one (1) space 82; Ord. No. 9-87, § 2, 5-28-87; Ord. No. 23-90, § 4, for each four (4) seats in the main audito- 6-28-90; Ord. No. 7-94, § 1, 4-14-94) rium or place of assembly. Sec. 45-34. C-2 general co~n~ercial district. 6. Theaters, auditoriums, one (1) space for A. Uses permitted. Within any C-2 general com- each four (4) seats. mercial district, no building, structure, land or 7. No parking shall be permitted in the first water shall be used, except for one or more of the ten (10) feet of the required front yard following uses: depth, measured from the front property 1. Any use permitted in the C-1 neighborhood line. The restriction against parking in the commercial district. first ten (10) feet of the required front yard depth measured from the front property line 2. Automobile laundry. shall not apply to those properties which. 3. Bakery. have complied in full with the landscaping 4. Cold stora a and frozen food lockers. li provisions of chapter 41-16 through 41-25 g [chapter 27, article III], both inclusive. 5. Contractor's storage and equipment yards. i _ 8. Furniture display stores, one (1) space for 6. Dry cleaning, dyeing and laundry establish- each four hundred (400) square feet of sales meets. area. 7. Mechanical garage. 9. Retail business with floor area in excess of fifty thousand (50,000) square feet, one (1) 8. Plumbing sales room, shop and storage space for each two hundred and fifty (250) yards. square feet of non-storage floor area. 9. Printing and publishing establishments. Supp. No. 8 2502 CODE COMPARATIVE TABLE-ORDINANCES Adoption Section Ord. No. Date Section this Code 40-90 12-13-90 1 18-38 3-91 1-24-91 1 App. § 36-23 4-91 2-28-91 1 2-177(a) 6-91 3-14-91 1 Rpld App. C, § 45-20 7-91 3-14-91 1 App. C, § 45-36 16-91 4-11-91 1-12 2-170-2-170.11 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~ 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) 5-93 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 6-15 23-93 9-23-93 1 26-29 24-93 10-14-93 1 Rpld 6-111-6-138 2 Added 6-111-6-117 25-93 10-14-93 1 18-34.1 27-93 12- 9-93 1 18-35 1-94 1-13-94 1, 2 17-1 2-94 2-10-94 1, 2 16-22, 16-23 5-94 3-10-94 1 6-117(I) 7-94 4-14-94 1 App. C, § 45-33(E)(9) 9-94 6- 9-94 1 2-146 2 2-148(e) 13-94 8-11-94 1 6-111(G)(2) 2 6-113(B)(23) 3 6-115(C)(2) 14-94 8-11-94 2 11-11 15-94 8-11-94 1 17-24 2 17-25 3 17-33 19-94 10-13-94 1 14-30(2) [The next page is 2933) Supp. No. s 2883 r r