Loading...
Code of Ordinances Supplement 01 SUPPLEMENT NO. 1 July 1991 CODE OF ORDINANCES ~7illage of NORTIi PALM BEACI3, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 23.91, adopted Tune 27, 1991. See the Code Comparative Table for further information. Remove old pages Insert new pages Title page Title page iii iii . x.i-x.iii xi, xii xi-xii.i xv xv Checklist of up-to-date pages (following Table of Contents) 133 133 155-160 155-162 2367, 2368 2367-2368.1 2485, 2486 2485, 2486 2507-2510 2507-2510.1 2883 2883 2941, 2942 2941-2942.1 2945-2948 2945-2948.1 Insert this instruction sheet in front of volume. File removed pages for ref- erence. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1-800-262-CODE (National) 1-800-342-CODE (Florida) ,F• t it I 1 I I I C ~ ~ II~T C VILLAGE ®F 1 ~9 I~®1~,IA CONTAINING THE VILLAGE CHARTER AND THE GENERAL ORDINANCES OF THE VILLAGE Adopted, October 26, 1978 Effective, December 25, 1978 Readopted, June 27, 1991 Effective, June 27, 1991 Published by Order of the Village Council MUNICIPAL CODE CORPORATION Tallahassee, Florida 1991 Supp. No. 1 l { I i I I i 11 I OFFICIALS OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA Jerry Gardner Mayor Judy M. Pierman Vice Mayor V.A. Marks President Pro Tem Manny Grinn Councilman Thomas F. Kelsey Councilman Dennis W. Kelly Village Manager Kathleen F. Kelly Village Clerk George Baldwin Village Attorney Supp. No. 1 iii I~ I i I I I ~1 i i 1 I I i I ADOPTING ORDINANCE ORDINANCE NO. 23-91 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF OR- DINANCES FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CER- TAIN ORDINANCES NOT INCLUDED THEREIN; SAVING FROM REPEAL CERTAIN ORDINANCES RELATING TO CERTAIN SPECIFIC SUBJECTS OF VILLAGE REGULATION; THE. MANNER OF AMENDING SUCH CODE OF ORDINANCES; -A PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACIi, FLORIDA: Section 1. The accompanying Code of Ordinances, consisting of Chapters 1 through 28, each inclusive, is hereby adopted and enacted as the "Code of Ordinances,, Village of North Palm Beach, Florida," and shall be treated and considered as a new and original comprehensive ordinance which shall super- sede all other general and permanent ordinances passed by the village on or before December 13,~ 1990, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose. Section 2. All provisions of such Code shall be in full force and effect im- mediately upon passage; all ordinances of a general and permanent nature of the Village of North Palm Beach, ,enacted on final. passage on or before De- cember 13, 1990, and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided. Any ordinance of the village, not specifically mentioned, is hereby repealed. Section 3. The repeal provided for in section 2 hereof shall not affect any of the following: (aJ Any offense'or' act committed: or done or any penalty or forfeiture in- curred or any contract or right established dr accruing before the effec- tive date. of this ordinance; , (b) And ordinance or resolution promising or guaranteeing the payment of money by the village or authorizing the issuance of any: bonds of the village or any evidence of the village's indebtedness, or any contract or obligation assumed by the village; (c) Administrative ordinances or resolutions of the village council, not in conflict or inconsistent with the provisions of such Code; (d). Any. right or franchise granted to any -person, firm or corporation by any ordinance or resolution; (e) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widen, ing, or vacating any street or public way in the village; ' (f) Any annual budget or appropriation ordinance or resolution; Supp. No. 1 X.1 (g) Any ordinance establishing and prescribing the street grades of any street in the village; (h) Any ordinance levying taxes, not inconsistent with this Code; (i) Any ordinance providing for local improvements and assessing taxes therefor; (j) Any ordinance dedicating or accepting any street, sewer or other right or any plat or subdivision in the village or providing regulations for subdivisions or ordinances in the nature of subdivision regulations; (k) Any ordinance providing for the dedication of lands by the village to any purpose or vacating such lands; (1) Any ordinance regulating the salaries or compensation of village of- ficers and employees; (m) Any ordinance as to land use, adopting zoning maps, zoning regulations or regulations in the nature of zoning regulations, or zoning districts, master street plans and amendments thereto; (n) Any appearance plan; (o) Any provisions of the former Charter (Chapter 31481, Laws of Florida, Extraordinary Session 1956) or other special laws which have been- con- verted into ordinances by Article VI, section 1 of the Charter as revised in 1976 or by Chapter 166, Florida Statutes; and which are not included in such Code; (p) Any ordinance relating to the acquisition of lands by the village by condemnation proceedings; (q) Any ordinance authorizing any encroachment on any village or public property; (r) Any ordinance or Code or parts thereof adopted by reference by any section of such Code and not included herein; (s) Any ordinance prescribing traffic regulations for specific locations, not inconsistent with the Code; (t) Any ordinance annexing territory or excluding territory or any ordi- nance extending the boundaries of the village; (u) Any ordinance establishing positions, classifying positions or setting salaries of village officers and employees, or any personnel regulations; (v) Any ordinance calling an election; (w) Any administrative ordinance; (x) Any temporary or special ordinance. 1Ciui+Li repeal sha~~i n vv^t be vvnStr'a:ed t^ re:~ve anv nrrainanrn nr Hart +herenf t,.... that has been repealed by a subsequent ordinance which is repealed by this ordinance. Section 4. Any and all additions or amendments to such Code shall be passed by ordinance in such form as to indicate the intention of the village council to make the same a part thereof. On the effective date of such ordi- Supp. No. 1 x.ii i nance, the provisions thereof shall be deemed to be incorporated in such Code, so that reference to the "Code of Ordinances, Village of North Palm Beach, Florida," shall be understood and intended to include such additions and amend- ments. Section 5. It shall be the express duty of the village clerk or someone au- thorized by him to insert in their designated places all amendments or ordi- nances which indicate the intention of the village council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which maybe, from time to time, repealed by the village council. This copy of such Code shall be available for all persons desiring to examine the same. Section_6. It shall be unlawful for any person, firm or corporation, partner- ship, association or organization to violate, or fail to comply with any provi- sions of the "Code of Ordinances, Village of North Palm Beach, Florida," and where no specific penalty is provided therein, the violation of any provisions of such Code shall be punished as prescribed in section 1-8 of such Code. Section 7. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in section 1-8 of such Code shall apply to the section as amended, or in case such amendment con- tains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. Section S. It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Village of North Palm Beach to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in section 1-8 of the Code of Ordinances, Village of North Palm Beach, Florida. Section 9. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 10. This ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 13 DAY OF JUNE, 1991. PLACED ON SECOND, FINAL READING AND PASSED THIS 27 DAY OF JUNE, 1991. /s/ Jerry Gardner MAYOR (Village Seal) ATTEST: /s/ Kathleen F. Kelly VILLAGE CLERK Supp. No. 1 X.111 .3 ~ ~ I I i TABLE OF CONTENTS . Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages . [1] PART I CHARTER Charter 1 Art. I. Corporate .Name . , 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 6 Art. N. Administrative 11 Art. V. Qualifications and Elections . 13 Art. VI. Transition Schedule..... 14 Charter Comparative Table 65 PART II CODE OF ORDINANCES 1. General Provisions 77 2. Administration 133 Art. I. In General , 135 Art. II. Council.......... 135 Div. 1. Generally. 135 Div. 2. Rules of Procedure 136 Art. III. Administrative Code 136 Div. 1. Generally 136 Div. 2. Department of Treasury 138 Div. 3. Department of Finance . 139 Div. 4. Department of Records.......... 140 Div. 5. Department of Public Safety 141 Div. 6. Department of Public Services................ 141 Div. 7. Department of Library 142 Div. 8, Department of Country Club 142 Div. 9. Department of Recreation 142 Art. N. Manager 142 Art. V. Pensions and Retirement Systems....` 143 Div. 1. Generally 143 Div. 2. Social Security 143 Supp. No. 1 xi NORTH PALM BEACH CODE Chapter Page Div. 3. Pension and Certain Other Benefits for General Employees 144 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 150 Div. 5. Length of Service Award Plan for Volunteer Fire- fighters 157 Art. VI. Code Enforcement Board 158 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 ' Art. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 II~ Art. II. Boat Launching Area 323 Art. III. Construction Requirements 324 , Div. 1. Generally 324 Div. 2. Canals 324 Div. 3. Bulkheads and Seawalls 325 Div. 4. Docks and Piers 326 Div. 5. Erosion Control Structures 330 Art. 'IV. Marine Sanctuaries 330 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 Div. 2. Reserved 385 Div. 3. Certificate of Appropriateness 385 Art. IV. Reserved 387 Art. V. Signs and Outdoor Displays.......: 387 Art. VI. Energy Efficiency Building. Code 398 Art. VII. Coastal Construction Code 398 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Civil Emergencies 507 ~ Art. I. In General 509 ~ TT !'1__-7 T!____J J Tl__L__~L F/~h ATt. 11. 1~1V11 L15UL"QCLb' ailU-Llb'bUi"IJdi1GCS. ' JCI~ 9. Country Club 559 Art. I. In General......... 561 Art. II. Administrative Board 562 Art. III. Finances 564 10. Elections 615 Art. I. In General 617 Supp. No. 1 xii I TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV. Polling Place 620 Supp. No. 1 X11.1 l TABLE OF CONTENTS-Contd. Chapter ~ Page Div. 2. Reserved 1686 Div. 3. Requirements for Certain Yard Areas, Off-Street , Parking and Other Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval 2358 Art. III. Design Standards 2365 Art. IV. Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art. I. In General 2481 Art. II. Generally 2484 Art. III. District Regulations 2486 Arts. N, V. Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods 2515 Art. VII. Nonconforming Uses of Land and Structures 2516 D. Franchises 2619 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Code Comparative Table-Laws of Florida . . . 2873 Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 Supp. No. 1 xv ��_ II C i I I I I Checklist of ~Tp-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for- page substitution basis, it has become evident that through usage and supple- mentation 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 re- printed 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 maybe 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 ..141, 142 OC iii 1 143, 144 OC v, vi OC 145, 146 OC vii, viii OC 147, 148 OC ix OC 149, 150 OC x.i, x.ii 1 151, 152 OC x.iii 1 153, 154 O.C xi, xii 1 155, 156 1 xi.i 1 157, 158 1 xiii, xiv OC 159, 160 1 xv 1 16L, 162 1 1 OC 211 OC 3, 4 OC 213. OC 5, 6 OC 263 OC 7,. 8 OC 265, 266 OC 9, 10 OC 267, 268 OC 11, 12 OC. 269 OC 13, 14 OC, 319 OC 65 OC 321, 322 OC 77 OC 323, 324 OC 79, 80 OC 325, 326 OC 81, 82 OC 327, 328 OC . 133 1 329, 330 OC 135, 136 OC 331 OC 137, 138 OC 381 OC 139, 140 OC 383, 384 OC Supp. No. 1 ~l~ NORTH PALM BEACH CODE / Page No. ~ Supp. No. Page N®. Supp. No. 385, 386 ~ 00 1065,1066 OC 387, 388 OC 1067, 1068 OC 389, 390 - OC 1069, 10.70 OC ~ 391; 392 OC 1071 - OC j 393, 394 OC 1121 OC 395, 396 _ OC 1171 OC 397,. 398 OC 1173, 1174 OC 399, 400 OC 1225 OC 401, 402 OC 1227, 1228 OC 403 - ~ OC 1229, 1230 OC 453 OC 1231, 1232 OC 455, 456 OC 1233, 1234 OC 507 OC 1235, 1236 OC 509 OC 1237, 1238 OC 559 OC 1239, 1240 OC 561, 562 OC 1289 OC 563, 564 OC 1291, 1292 OC 615 OC 1293 OC 617, 618 OC 1343 OC 619, 620 OC 1345, 1346 ~ ~ OC 671 - OC 1347, 1348- OC 673 ~OC 1349, 1350 OC 723 OC 1351, 1352 OC 725, 726 OC 1353, 1354 OC 727 OC 1355, 1356 OC 777 OC 1357, 1358 OC 779, 780 OC 1359, 1360 OC 781, 782 ~ OC 1361 OC 783, 784 • OC 1411 OC 785, 786 OC 1'463 OC 787, 788 OC 1465, 1466 OC 789 ~ OC 1517 OC 839 OC' 1519, 1520 OC 889 OC- 1521, 1522 OC 891, 892 OC' 1523 OC 893, 894 OC• 1573 OC 895, 896 ' ~ OC~ 1575, 1576 OC 945 OC 1577 OC i 947 OC- 1627 OC ~ 997 OC 1629, 1630 OC 999, 1000 OC 1681 OC ~ 1051 vC i6~3, 1684 OC 1053, 1054 OC 1685, 1686 OC ~ 1055, 1056 OC 1687, 1688 OC 1057, 1058 OC 1689, 1690 OC 1059, 1060 OC 1739 OC 1061, 1062 OC 1741, 1742 OC 1063, 1064 OC 2043 OC Supp. No. 1 ~2~ CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Cupp. No. 2045, 2046 OC 2879, 2880 OC 2047, 2048 OC 2881, 2882 OC 2049, 2050 OC 2883 1 2051, 2052 OC 2933, 2934 OC 2053 OC 2935, 2936 OC 2353 OC 2937, 2938 OC 2355, 2356 OC 2939, 2940 OC 2357, 2358 OC 2941, 2942 1 2359, 2360 OC 2942.1 1 2361, 2362 OC 2943, 2944 OC 2363, 2364 OC 2945, 2946 1 2365, 2366 OC 2947, 2948 1 2367, 2368 1 2948.1 1 2368.1 1 2949, 2950 OC 2369, 2370 OC 2951, 2952 OC 2371, 2372 OC 2953, 2954 OC 2373, 2374 OC 2965, 2966 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 OC 2503, 2504 OC 2505, 2506 OC 2507, 2508 1 2509, 2510 1 2510.1 1 2511, 2512 OC 2513, 2514 OC 2515, 2516 OC 2517, 2518 OC 2619 OC 2819 OC 2869, 2870 OC 2871 OC 2873 OC 2875, 2876 OC 2877, 2878 OC Supp. No. 1 ~3~ -�� `, � � . . t I i I Chapter 2 ADMIl~tISTRATION* Art. I. In General, 2-1-2.15 Art. II. Council, 2-16-2-38 Div. 1. Generally, 2-16-2-25 Div. 2. Rules of Procedure, 2-26-2-38 Art. III. Administrative Code, 2-39-2-114 Div. 1. Generally, 2-39-2-50 Div. 2. Department of Treasury, 2-51-2-58 Div. 3. Department of Finance, 2-59-2-66 Div. 4. Department of Records, 2-67-2-74 Div. 5, Department of Public Safety, 2-75-2-83 Div. 6. Department of Public Services, 2-84-2-92 Div. 7. Department of Library, 2-93-2-101 Div. 8. Department of Country Club, 2-102-2-109 Div. 9. Department of Recreation, 2-110-2.114 Art. IV. Manager, 2-116-2-128 Art. V. Pensions and Retirement Systems, 2.129-2-170.11 Div. 1. Generally, 2-129-2-135 Div. 2. Social Security, 2-136-2-145 Div. 3. Pension and Certain Other Benefits for General Employees, 2-146-2-158 Div. 4. Pension and Certain Other Benefits for Fire and Police Em- ployees, 2-159-2.169 Div. 5. Length of Service Award Plan for Volunteer Firefighters, § § 2-170-2-170.11 Art. VI. Code Enforcement Board, 2.171-2.180 'Charter reference-Administrative provisions generally, Art. IV. Cross references-Rabies control, § 4-42 et seq,; elections, Ch. 10; fire division, § 12-29 et seq.; library board, § 16-16 et seq.; impersonation of village officers, § 19-14; enforcement procedures for noise regulations, § 19-117; local planning agency designated, § 21-12; taxation, Ch. 26; appearance plan, App. A; subdivision regulations, App, B; zoning regulations, App, C. Supp. No. 1 133 i. ADMINISTRATION § 2-168 and police retirement fund. All funds of the fire any future persons entitled to receive benefits and police retirement fund shall be deposited with under one (1) of the options provided far in this the village treasurer, who shall keep them in a division who are designated by any of the mem- separate fund and shall be liable for the safe- bers. In the event of repeal, or if contributions to keeping of the same under the bond given to the the system are discontinued, there shall be full village, and shall be liable in the same. manner vesting (one hundred (100) percent) of benefits ac- and to the same extent as it is-liable for the safe- trued to date of repeal and the assets of the system keeping of the funds of the village as provided for shall be allocated in an equitable manner to pro- by -the law. All .funds now held by the village for vide benefits on a proportionate basis to the person this retirement system-are hereby transferred to so entitled to benefits in accordance with the pro- the fund established by this division. visions thereof. (Ord. No. 9-82, § 8, 6-10-82; Ord. No. 12-85, 1, (c) The following shall be the order of priority 2, 7-11-85) for purposes of allocating the assets of the system as of the date of repeal of this division, or if con- Sec. 2.16'7. ®aths of office, meetings, quorum tributions to the system are discontinued with the .of board. date of such discontinuance being determined by Before entering upon their duties as members the board: of the board, each member shall take and sub- (1) Apportionment shall first be made in re- scribe to the oath of office required by the village spect of each retired member .receiving a Charter, which oath shallbe filed with the village retirement or disability benefit hereunder clerk. The board shall meet as often as is deemed on such date, each person receiving aben- necessary or upon the call of the chairman or any efit on such date an account of a retired member- thereof or upon request of the village (but since deceased) member, and each clerk.:A majo-rity of -the board shall constitute a member who has,. by such date, become el- quorum for. the transaction of any business> No= igible for normal retirement but has not tice of the .meetings shall be-given to council and yet ,retired, an amount which is the actu- the public at .least seven (7) days in advance. arial equivalent of such benefit, based upon (Ord. No: 9-82, § 9, 6-10-82) the actuarial assumptions in use for pur- poses of the. most recent actuarial valua- Sec. 2-168. Repeal or termination of system. tion, ,provided that, if such asset value be less than- the aggregate of such amounts, (a) This division establishing the system. and such arriounta shall be proportionately re- fund, and subsequent ordinances pertaining to the duced so that the aggregate of such reduced system and fund, maybe modified, terminated, or amounts will lie equal to such asset value. amended, in whole or in part; provided that ifthis -` division or any subsequent ordinance shall be (2) If there be any ~.sset value remaining after amended or repeated in its application to any the apportionment under subparagraph (1), person benefiting hereunder, the amount of ben- apportionment shall next be made in re- efits which, at the time of any such alteration, spect of each member in the service of the amendment, or repeal, shall have accrued to the village on such date who has completed at member or -beneficiary -shall -not- be affected least ten (10) years of credited service and thereby, except to the extent that the assets of the Who is not entitled to an apportionment fund may be determined to be inadequate. under subparagraph (1), in the amount re- - quired to provide the actuarial equivalent, (b) If this division shall be repealed, or if con- as described in (1) above, of the accrued . tributions to the system are discontinued, the normal retirement benefit, based on the board shall continue to administer the system in credited service and average monthly earn- accordance with the provisions of this division, for ings as of such date, and each vested former the sole benefit of the then members, any benefi- member then entitled to a deferred benefit curies then receiving retirement allowances and who has not, by such date, begun receiving Supp. No. 1 155 § 2-168 NORTH PALM BEACH CODE benefit payments, in the amount required to the total contributions made by the village and to provide said actuarial equivalent of the the state. accrued normal retirement benefit, provided (Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-82, § 2, that, if such remaining asset value be less 11-18-82) than the aggregate of the amounts appor- tionedhereunder, such latter amounts shall be proportionately reduced so that the ag- Sec. 2-169. 1l~Iiscellaneous. gregate of such amounts will be equal to such remaining asset value. (a) Discharged members. Members entitled to a (3) If there be any asset value after the appor- Pension as approved by the pension board shall tionments under subparagraphs (1) and (2), not forfeit the same upon dismissal from the de- apportionment shall be made in respect of partment, but shall be retired as herein described. each member in the service of the village on such date who is not entitled to an ap- (b) 1Vonassignability. No benefit provided for ' portionment under subparagraphs (1) and herein shall be assignable or subject to garnish- ' (2} in the amount equal to his accumulated ment for debt or for other legal process. ' benefits, provided that, if such remaining asset value be less than the aggregate of (c) Pension validity. The board of retirement the amounts apportioned hereunder, such shall have .the power to examine the facts upon latter amounts shall be proportionately re- which .any pension shall heretofore have been granted or obtained erroneously, fraudulently, or duced so that the aggregate of such reduced ille all for an reason. The board is em owered amounts will be equal to such remaining g y y P asset value. to purge the pension rolls of any person heretofore granted a pension under prior or existing law or (4) If there be any asset value remammg after heretofore granted under this division if the same the apportionments under subparagraphs is found to be erroneous, fraudulent or illegal for (1), (2) and (3), apportionments shall lastly any reason; and to reclassify any pensioner who be made in respect of each member included has heretofore under any prior or existing law or in subparagraph (3) above to the extent of who shall hereafter under this division be errone- the actuarial equivalent, as described iri (1) above, of the accrued normal retirement ously, improperly,. or illegally classified. benefit, less the amount apportioned in sub- paragraph (3), based on the credited service (d) Incompetents. If any member or beneficiary and average monthly earnings as of such is a minor or is, in the judgment of the board, date, provided that, if such remaining asset otherwise incapable of personally receiving and value be less than the aggregate of the giving a valid receipt for any payment due him amounts apportioned hereunder, such under the system, the board may, unless and until amount shall be reduced so that the aggre- claims shall have been made by a duly appointed gate of such reduced amounts will be equal guardian or committee of such person, make such to such remaining asset value. payment or any part to such person's spouse, chil- dren or other person deemed by the board in its (d) After all the vested and accrued benefits pro- sole discretion to have incurred expenses or as- videdhereunder have been paid' and alter au other sumed respousibiiiiy for the. expenses of such liabilities have been satisfied, then and only then person. Any payment so made shall be a complete shall any remaining funds revert to the general discharge of any liability under the system for I fund of the village, less return of state's contribu- such payment. tions to the state, provided that, if the excess is (Ord. No. 9-82, § 11, 6-10-82) less than the total contributions made by the vil- lage and the state to date of termination of the plan such excess shall be divided proportionately I ~ Supp. No. 1 156 ~I ADMINISTRATION § 2-170.8 DIVISION 5. LENG`T'H OF SERVICE AWARD See. 2.170.5. Entitlement age. PLAN FOR VOLUNTEER FIREFIGHTERS* The entitlement age is the age that members will begin receiving their monthly retirement ben- Sec. 2-170. Purpose. efit. Age sixty-five (65) with one (1) year of plan The purpose of this plan is to award and provide participation is generally utilized; however, ser- vice and participation requirements may be in- retirement income for active members of the vol- eluded. Entitlement age is sixty (60) with one (1) un_eer firefighters of the village in recognition of year of plan participation. their years of dedicated community service. (Ord. No. 16-91, § 1, 4-11-91) (Ord. No. 16-91, § 6, 4-11-91) Sec. 2-170.6. Benefit formula. Sec. 2-170.1.- Name of sponsor. [The benefit formula shall be as follows:] The name of the sponsor shall be the Village of (1) Past service (before the plan began). Ten dol- North Palm Beach. Tars ($10.00) per month for year of past ser- (Ord. No. 16-91, § 2, 4-11-91) vice for currently enrolled members of the volunteer firefighters. Eight (8) is the max- Sec. 2-170.2. Name of plan. imum years of past service for which a member may receive credit. The name of the plan shall be "length of service award plan for volunteer firefighters." (2) Future service (after plan begins). Ten dol- (Ord. No. 16-91, § 3, 4-11-91) ~ lars ($10.00) per month for each year of fu- ture service. Sec. 2-170.3. Effective date of plan. (3) Maximum monthly benefit: The maximum monthly benefit a member can receive at The effective date of the plan shall be May 1, the entitlement age is three hundred dol- 1990. lars ($300.00). (Ord. No. 16-91, § 4, 4-11-91) (4) Minimum monthly benefit. The minimum monthly benefit a member can receive if Sec. 2.170.4. Eligibility to enter plan. the member remains active in the plan until the designated entitlement age is fifty dol- Members, as defined herein, means volunteer Lars ($50.00). firefighters duly recognized and enrolled as vol- (Ord. No. 16-91, § 7, 4-11-91) unteer firefighters with the village.. All members must meet each of the following requirements be- Sec. 2-170.7. Preretirement death benefit. fore participating in the plan: The preretirement death benefit is the death (1) Minimum age, eighteen (18). benefit payable if a member dies before entitle- (2) Maximum age, sixty (60). ment age while still active in the plan. The amount payable is the greater of the face amount of the (3) Completed one (1) year of active service with life insurance or the member's accrued benefit: the sponsor. (1) Face amount of the 'life insurance, thirty (4) Completed the sponsor's required proba- thousand dollars ($30,000.00). tionary period. (Ord. No. 16-91, § 5, 4-11-91) (2) Payment mode, annual. (Ord. No. 16-91, § 8, 4-11-91) *Editor's note-Ordinance No. 16-91, adopted April 11, 1991, did not specifically amend this Code; hence, inclusion of SeC. 2-170.8. Vesting provisions. 1-12 as Art. V, Div. 5, 2-170-2-170.11, was at the discretion of the editor. The vesting is based on years of credited service Cross reference-Fire division, § 12-2s et seq. and the following schedule: Supp. No. 1 157 § 2-170.8 NORTH PALM BEACH CODE j Years of Service vested Percentage dinances of the village where a pending or re- peated violation continues to exist. Less than 4 0 (Ord, No. 19-79, § 1, 9-17-79; Ord. No. 9-80, § 2, 4 40 4-24-80; Ord. No. 16-82, Art. 1, 9-9-82; Ord. No. 5 50 2-86, § 1, 3-27-86) 6 60 7 70 Sec. 2.172. Definitions. 8 80 g 90 The following words, terms and phrases, when Ten (10) or more 100 used in this article, shall have the meanings as- (Ord. No. 16-91, § 9, 4-11-91) cribed to them in this section, except where the context clearly indicates a different meaning: Sec. 2-170.9.. Village contributions, Attorney. Attorney for the village who will ad- So long as this system is in effect, the village vise the code enforcement board of legal rules or shall make a yearly contribution to the plan equal give other legal assistance as required. to the cost for the year by the most recent actu- Code inspector. Those authorized agents or em- arial valuation. ployees of the village whose duty it is to insure (Ord. No. 16-91, § 10, 4-11-91) code compliance with the codes referred to above, including, but not limited to, the village man- Sec. 2-170.10. Trustee and contact person. ager, building- official, director of public safety, and finance director. The village finance director will act as trustee and contact person and will be responsible for con- Enforcement board. The Village of North Palm tatting the agent or agency administrating the Beach Code Enforcement Board. ~ plan regarding changes and mod cations to the plan Repeat violation. A violation of a provision of a (Ord. No. 16-91, § 11, 4-11-91) code- or ordinance by a person whom the code en- forcement board has previously found to have vi- olated the same provision within five (5) years Sec. 2-170.11. Point system, prior to the violation. A minimum of fifty (50) points is needed to earn (Ord. No. 19-79, § 3, 9-27-79; Ord. No. 9-80, § 4, a year of credited service. The point. system that 4-24-80; Ord. Na. 16-82, Art. II, 9-9-82; Ord. No. can be earned by volunteer firefighters is set forth 8-90, § 1, 4-12-90) in Exhibit A attached to Ordinance No. 16-91 and . ' made a part of this division. Sec.- 2.173. Applicability. (Ord. No. 16-91, § 12, 4-11-91) The code enforcement board shall enforce and Editor's note-Exhibit A, attached to Ord. No. 16-91 from which this division derives, is not printed herein, but is on file have jurisdiction of the following codes: and available for reference in the offices of the village. Chapter 4, Village of North Palm Beach Code, containing the animals and fowl code. ARTICLE VI. CODE ENFOR;CE14'IENT Chapter 5, Village of North Palm Beach Code, gpAg,D containing the docks and waterways code. C hanker ^o, Viiiage of North Perim Beach Code, Sec. 2.171. Declaration of legislative intent. including the building code, the gas code, the It is the intent of this article to promote, protect mechanical code, the plumbing code, the appear- andimprove the health, safety and welfare of the ante code and Appendix A, appearance plan, citizens of the village and to provide an equitable, and the sign code. expeditious, effective and inexpensive method of Chapter 7, Village of North Palm Beach Code, enforcing the hereinafter described codes and or- containing the bulkhead lines code. ~ Supp. No. 1 ~ 158 i i ADMINISTRATION § 2-175 Chapter 11, Village of North Palm Beach ship of the enforcement board shall, when- Code, containing the electrical code. ever possible, include: Chapter 12, Village of North Palm Beach a. An architect; Code, including the fire prevention code. b. A businessman; c. An engineer; Chapter 14, Village of North Palm Beach d. A general contractor; Code, containing the health and sanitation code. e. A subcontractor; Chapter 15, Village of North Palm Beach f. A realtor; Code, containing the housing code. g. No particular profession. Chapter 17, Village of North Palm Beach (2) In order that the terms of office of all mem- Code, containing the occupational license code. bers will not expire at the same time, the initial appointments to the enforcement Chapter 19, Village of North Palm Beach .board shall be as follows: Code, containing the noise control code. a. Two (2) members shall be appointed for Chapter 24, Village of _North Palm Beach a term of one (1) year; Code, containing ahe streets, sidewalks and b. Three (3) members shall be appointed driveways code. for a term of two (2) years; c. Two (2) members. shall be appointed for Chapter 25, Village of North Palm Beach a term :of three (3) years. Code, containing the swimming pool code. Thereafter, all appointments shall be made for a Chapter 27, Village of North Palm Beach term of three (3) years. Appointments to fill any Code, containing the trees and shrubbery code, vacancy on the enforcement board shall be for the including landscaping of yards and parking lots. remainder of the unexpired term of office. If any member fails to attend two (2) of three (3) succes- Chapter 28, Village of North Palm Beach sive meetings without cause and without prior Code, containing the franchise ordinance for the approval of the chairman, the board shall declare use of`the Village rights-of--way for utilities. the member's office vacant and the village council Chapter 36, Village. of North Palm Beach shall promptly fill such vacancy. The members Code, containing the subdivision code. shall serve at the pleasure of the village council. . (b) Officers; quorum; compensation. The mem- Chapter 45, Village of North Palm Beach bers of the enforcement board shall elect a Code, containing the zoning code. chairman from among its members who shall be a (Ord. No. 19-79, § 2, 9-27-79; Ord. No. 25-79, § 1, voting member. The presence of four (4) or more 12-13-79; Ord. No. 9-80, § 3, 4-24-80; Ord. No. members, shall constitute a quorum of the enforce- 15-86, § 2, 10-9-86) ment board. Members shall serve without com- pensation, but maybe reimbursed for such travel Sec. 2.174. Organization of board. expenses, mileage expenses, and per diem ex- penses as may be authorized by the village council. (a) Qualifications and terms. The village council shall appoint aseven-member code enforcement (c) Attorney. The village attorney shall be board and legal counsel for the board. The mem- counsel to the code enforcement board. bers shall have the following qualifications and (Ord. No. 19-79, § 4, 9-27-79; Ord. No. 9-80, § 5, terms of office: 4-24-80; Ord. No. 16-82, Art. III, 9-9-82; Ord. No. 8-90, § 3, 4-12-90; Ord. No. 17-91, § 1, 4-25-91) - (1) Members of the enforcement board shall.be residents of the village. Appointments shall Sec. 2.175. Enforcement procedure. be made by the village council on the basis (a) It shall be the duty of the code inspector to of experience of interest in the fields of initiate enforcement proceedings of the various zoning and building control. The member- codes. Supt. No. 1 159 § 2-175 NORTH PALM BEACH CODE (b) If a violation of the codes is found, the code (b) Each case before the enforcement board shall inspector shall notify the violator, unless Para- be presented by the village's administrative staff. graph (c) of this section applies, and give the vio- lator areasonable time to correct the violation. (c) The enforcement board shall proceed to hear Should the violation continue beyond the time the cases on the agenda for that day. All testi- specified for correction, the code inspector shall mony shall be under oath and shall be recorded. notify the enforcement board and request a The enforcement board shall take testimony from hearing pursuant to the procedure in section 2-176. the code inspector and alleged violator and from Written notice shall be mailed to the violator as any witness called on behalf of either the village provided herein. or the alleged violator. Formal rules of evidence shall not apply; however, fundamental due pro- (c) If the code inspector has reason to believe a cess shall be observed and govern said proceed- violation presents a serious threat to the public ings. Both the village and the alleged violator shall ~ health, safety and welfare, the code inspector may have the right to subpoena witness to testify at proceed directly to the procedure in section 2-176 the hearing. without notifying the violator: (d) At the conclusion of the hearing, the enforce- (d) If a repeat violation is found, the code in- ment board shall issue findings of fact and con- clusions of law and shall issue an order affording Spector shall notify the violator, but is not re- the proper relief consistent with powers granted quired to give the violator a reasonable time to herein. The findings shall be by motion approved correct the violation. The code inspector, upon no- by a majority of those present and voting, except tifying the violator of a repeat violation, shall no- that at least four (4) members of the enforcement tify the code enforcement board and request a board must vote in order for the action to be offi- hearingpursuant to the procedure in section 2-176.: cial. The case may be presented to .the code enforce- (Ord..No. 19-79, § 6, 9-27-79; Ord.. No. 9-80, § 7, ment board even if the repeat violation has been 4-24-80; Ord. No. 16-82, Art. 1V, 9-9-82; Ord. No. corrected prior to the board hearing, and the no- 19-85, § 1, 10-24-85) tice shall so state. Written notice, with a sched- uled hearing, shall be provided pursuant to sec- rec. 2-177. Powers of the enforcement board. tion 2-180. (Ord. No, 19-79, § 5, _9-27-79; Ord.. No. 9-80, § 6, The enforcement board shall have the power to: 4-24-80; Ord. No. 8-90, § 4, 4-12-90) (1) Adopt rules for the conduct of its hearings. The chairman of the enforcement board rec. 2=176. Conduct of hearing. - hearing shall advise the alleged violator of the Code section of which he is accused, (a) The chairman of the enforcement board may and shall first seek to determine if the al- call hearings of the enforcement board and hear- leged violator pleads guilty or innocent to ings may also be called by written notice signed such charge. If the alleged violator admits by at Ieast three {3) members of the enforcement guilt, then the board shall hear such testi- board. The enforcement board, at any hearing; mony and evidence as it deems necessary may set a future hearing date. The enforcement to remedy the violation or punish the of- board shall attempt to convene no Iess frequently fender. If the alleged violator states he is ~ than once every twe (2) months, but yet meet more not g'uiity of violating th^c ~iiage Ci~de LSc%- or less often as the demand necessitates. Minutes tion] in question, then the board shall hear shall be kept of all hearings by the enforcement first from the village, village witnesses and board and all hearings and proceedings shall be evidence, and the alleged violator shall have open to the public. The village clerk shall provide. the right to cross examine village witnesses. clerical. and administrative personnel as may be At the close of the- presentation of the vil- reasonablyrequired by the enforcement board for lage's case against the alleged violator, the the proper performance of its duties. alleged violator shall be permitted to Supp. No. 1 lso ADMINISTRATION § 2-178 present his evidence, testimony of the other amount specified in this section for each day the witnesses and his own testimony in defense. violation continues past. the date set for compli- The village shall have the right to cross ante, or, in the case of a repeat violation, for each examine the alleged violator and his wit- day the repeat violation continues past the date of - nesses. The burden of proving the alleged notice to the violator of the repeat violation. If a violation of the village Code as described finding of a violation or a repeat violation has above shall be on the village to prove by a been made as provided in this article, a hearing preponderance of evidence that the alleged shall not be necessary for issuance of the order violator is guilty of violating the Code sec- imposing the fine. A fine imposed pursuant to this tion of which he is accused. section shall not exceed two hundred fifty dollars (2) Subpoena alleged violators and witnesses ($250.00) per day for a first violation and shall not to its hearings. Subpoenas may be served exceed five hundred dollars ($500.00) per day for a by the village's police department. repeat violation. (3) Subpoena records, surveys, plats and other (b) Determination of amount of fine. In deter- material. mining the amount of the fine, if any, the enforce- ment board shall consider the following factors: (4) Take testimony under oath. (1) The gravity of the violation; (5) Issue orders having the force of law com- manding whatever steps are necessary to (2) Any actions taken by the violator to correct bring a violation into compliance. A certi- the violation; and fled copy of such order may be recorded in (3) Any previous violations committed by the the public records of the county, and shall violator. constitute notice to any subsequent pur- chasers, successors in interest or assigns, if (c) Reduction of fine. The code enforcement the violation concerns real property, and board-may reduce a fine imposed pursuant to this the findings therein shall be binding upon section. A fine imposed pursuant to this article the violator, and, if the violation concerns shall continue to accrue until the violator comes real property, any subsequent purchasers, into compliance or until judgment is rendered in a successors in interest or assigns. If the order suit to foreclose on a lien filed pursuant to this is recorded in the public records pursuant section, whichever occurs first. to this subsection and the order is complied (d) Copies of orders imposing fines. A certified with by the date specified in the order, the copy of~an order imposing a fine may be recorded enforcement board shall issue an order ac- in the public records and thereafter shall consti- knowledging compliance that shall be re- tute a lien against the land on. which the violation corded in the public records. A hearing is exists or, if the violator does not own the land, not required to issue such an order acknowl- upon any other real or personal property owned edging compliance. by the violator. Upon petition to the circuit court, (Ord. No. 19-79, § 7, 9-27-79; Ord. No. 9-80, § 8, such order may be enforced in the same manner 4-24-80; Ord. No. 8-90, § 5, 4-12-90; Ord. No. 4-91, as a court judgment by the sheriffs of this state, § 1, 2-28-91) including levy against the personal property, but such order shall not be deemed to be a court judg- Sec. 2-178. Fines; liens. ment except for enforcement purposes. After three (3) months from the filing of any such lien which (a) Generally. The enforcement board, upon no- remains unpaid, the enforcement board may au- tification by the code inspector that a previous thorize the local governing body attorney to fore- order of the enforcement board has not been tom- close on the lien. In an action to foreclose on a plied with by the set time or, upon finding that lien, the prevailing party is entitled to recover all the same violation has been repeated by the same costs, including a reasonable attorney's fee. No violator, may order the violator to pay a fine in an lien created pursuant to the provisions of this sec- Supp. No. 1 161 § 2-178 NORTH PALM BEACH CODE ICI tion maybe foreclosed on real property which is a homestead under article X, section 4 of the state Consti~tulion. (Ord. No. 19=79, § 8, 9=27-79,; Ord. No. 9-80, § 9, 4-24-80; Ord. No. 16-82, Art.. V, '9=.9-:82 Ord. No:. 2-86, § 2, 3-27-86; Ord. No. 8-90., § F, 4-12.9D) Sec. 2.179. Appeal. An aggrieved party, including the village council, may appeal a final administrative order of the enforcement board to the circuit court of the county. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. - (Ord. No. 19-79, § 9, 9-27-79; Ord. No. 9-80, § 10, 4-24-80; Ord. No. 16-$2, Art. VI, 9-9=82; Ord. No. 2-86, § 3, 3-27-86) Sec. 2-180. Notices. • All notices required by this article shall be pro- • . vided to the alleged violator by certified mail, re- turn receipt requested; by hand delivery by public safety officer, code inspector or other person des- ignated by the village council; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above fifteen (15) years of age and informing such person of the contents of the notice. In addition to pro- _ -. - viding notice set forth above, the code enforce- • ment board may implement the notice provisions . of F.S. section 162.12(2), as amended, fora sup- plemental means of providing notice. • (Ord. No. 19-79, § 10, 9-27-79; Ord. No. 9-80, § 10, ~ 4-24-80; Ord. No. 8-90, § 7, 4-12-90) I i i i i Supp. No. 1 [The next page is 21.1]' 162 i i APPENDIX B-SUBDIVISIONS § 36-22 able intersection separation of one hundred veloper of the adjoining area shall pay the fifty (150) feet. cost of restoring the street to its original (5) Minimum street design specifications. All design cross-section and extending the streets to be established in a subdivision street. shall be designed in accordance with the (8) Half streets. Half streets shall be prohib- following minimum specifications: ited, except that where a previously platted half street, improved or unimproved, abuts Collector Local Margin¢l a tract to be subdivided the second half of Street Street Access ~ the street shall be platted within the tract Minimum right- 80 ft. 60 ft. 40 ft. being subdivided and the entire street shall of-way be improved when and as required in Ar- Percent grade of ticle N of these regulations. roadway center (9) Street names. Street names shall not be used line: which will duplicate or be confused with Minimum 0.30% 0.30% 0.30% the names of existing streets, except that new streets which are an extension of or in Geometric design shall comply with the latest alignment with existing streets shall bear AASHTO requirements. the same name as that borne by such ex- (6) Culs-de-sac. fisting streets. The names of all courts and circles shall not duplicate those of streets. (a) Culs-de-sac shall be provided with a turnaround having an outside roadway diameter of at least eighty (80) feet, and Sec. 36.20. Alleys, a street property line diameter of at In single-family residential districts, alleys shall least one hundred (100) feet. Culs-de-sac be discouraged. When provided in any district, shall have a minimum length of two- alleys shall have a minimum right-of--way width hundred (200) feet including the turn- of` twenty (20) feet. around. (b) Dead-end roads and streets may be as long as necessary to properly serve Sec. 36.21. Sidewalks. narrow island or narrow peninsulas bounded by watercourses, canals or Where provided, sidewalks shall be designed as other bodies of water the crossing of an integral part of the total circulation system which would require a bridge; and and shall be located within the street right-of--way dead-end roads and streets may be as or common open areas. long as necessary to serve properly other narrow land areas formed by such Sec. 36-22. Easements and rights-ofway. water or waterways in combination with permanent obstructions such as Easements for utilities including water, .sewer, railroads, sewage treatment plants, electric, CATV, telephone and gas, and drainage limited access highways and the like. easements, shall be provided as follows: (7) Street access to adjoining property. Street (a) Utilities. Utility easements centered on side stubs to adjoining unplatted areas shall be or rear .lot lines shall be provided where provided at intervals of not over one-quarter deemed necessary, and shall be at least fif- mile when required to give access to such teen (15) feet in width. Additional width areas or to provide for proper traffic circu- may be required for sewer or drainage ease- lation. Street stubs in excess of two hun- ments. Side lot line easements may be de- dredfifty (250) feet shall be provided with a creased to ten (10) feet in width when temporary cul-de-sac turnaround. The. de- serving a single electric or telephone utility. Supp. No. 1 236.7 § 36-22 NORTH PALM BEACH CODE (b) Drainage. Where a proposed subdivision is market value of the required land, such cash con- traversed by or abuts a watercourse, tribution shall be placed in a specially designated drainage way or stream, there shall bepro- fund with expenditures of said funds to be utilized vided a stormwater or drainage right-of--way solely for acquisition of improved and unimproved which shall conform substantially with the land for parks and recreation and for construction limits of such watercourse, drainage way, of capital facilities on lands owned and utilized by canal or stream, and such further width or the village for parks and recreation. construction, or both, as will be adequate (Ord. No. 3-91, § 1, 1-24-91) for the purpose. Where a drainage way or canal is required to be constructed, right- of way approved as adequate by the village Sec. 36-24. Access to water bodies. engineer shall be provided for maintenance purposes. Parallel streets or parkways may (a) Whenever a subdivision is situated with a i be re uired in connection therewith. No property frontage of one thousand (1,000) feet or q open drainage ditches shall be permitted more abutting the shoreline of an ocean, gulf, lake within any subdivision boundaries. Storm or navigable waterway, the subdivider shall pro- sewers shall be covered and open ditches vide adequate public access to the shoreline at ~ may be permitted across undeveloped land intervals that average not more than one thou- ~ only as an outlet into an established water- sand (1,000) feet by designation of public access course, if aright-of--way is provided. See sec- easements having widths not less than twenty- tion 36-31(e). five (25) feet. These easements are to be improved by the subdivider as approved by the planning (c) Access waterways. Waterways which are commission. constructed or improved for the purpose of providing access by water to lots within a (b) The village council may require that the sub- subdivision shall have a minimum right- divider shall perpetually maintain said public ac- of-way width of eighty (80) feet. (See section cess easements by the creation of a trust fund to 36-31(e). bear cost of same or some other such provision assuming perpetual care. The village council may Sec. 36-23. Public sites and open spaces. impose any condition or restriction it deems in the public interest upon any public access ease- Where aproposed school site, park, playground ment it may require under this ordinance in- or other public area shown on the adopted village cluding restrictions of improvements placed plan is located in whole or part within the pro- thereon. . posed subdivision, such sites shall be indicated on the preliminary plat. As a condition for the ap- proval ofthe preliminary plat, the governing body Sec. 36-25. Subdivision entrances. shall require the dedication to the public of such reasonable portions of such public sites as are at- Areas for subdivision entrances may be per- tributable bythevillage to the demand created by mitted in all subdivisions whether residential, the subdivision. In any event, a minimum of five commercial or industrial. In the event such en- (5) percent of the gross land area of the subdivi- trance areas are authorized, the village council Sion shall be dedicated to public use. At the dis- may require that the subdivider shall perpetually cretion of the village council, the developer may maintain said entrance areas by the creation of a be required to pay in cash an amount equal to the trust fund to bear cost of same or some other such fair market value of the required land, said fair provision assuming perpetual care. The village market value to be appraised on the basis of the council may impose any condition or restriction it value of platted land without improvements. deems in the public interest upon any entrance area it may authorize under this ordinance, in- If the village council elects to require a devel- cluding restrictions of improvements placed open to pay in cash an amount equal to the fair thereon. i Supp. No. 1 ~ 2368 I i APPENDIX B-SUBDIVISIONS § 36-26 A13,~'ICI.E N. REQ~JIR,ED IM~'R®VE1~1VT~ Sec. 36-26. General [recluireinents.] A Florida registered professional engineer shall be employed to design and inspect the installation of all required improvements such as street, drainage structures, bridges, bulkheads, and water and sewer facilities. All plans for improvements shall be prepared by such engineer and approved by the village engineer prior to construction. The designated inspector of the village shall re- _ ceive notice in adequate tune to arrange for in- Supp. No. 1 2368.1 i I APPENDIX C-ZONING § 45-21 (4) Location; final authority. Regardless of the regulations applicable to each parcel of existence of purported copies of the official zoning abutting land shall apply to the portion of map which may, from time to time, be made or such street or alley added thereto by virtue published, the official zoning map which shall be of said vacation or abandonment. located in the office of the village clerk 'shall be (3) In case any further uncertainty exists, the the final authority as to the current zoning status village council shall interpret the intent of of land and water areas, buildings, and other struc- tures in the village. the map as to the location of such bound- aries. (5) Damaged; destroyed, etc. In the event that Sec. 45-19. Buildings and uses to conforan to the official zoning map becomes damaged, de- district regulations. stroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Except as hereinafter provided; village council may, by resolution, adopt a new No building shall be erected, reconstructed official zoning map which shall supersede the prior or structurally altered, nor shall any official zoning map. The new official zoning map building or land be used which does not may correct drafting or other errors or omissions comply with the regulations for the district in the prior official zoning map, but no such cor- in which such building or land is located. rections shall have the effect of amending the orig- inal ofl"icialzoning map or any subsequent amend_ B. No building shall be erected, reconstructed ment thereto. The new official zoning map shall or structurally altered to exceed the height be identified by the signature of the mayor at- or bulk limits herein established for the dis- tested by the village clerk and bearing the seal of trict in which such building is located. the village under the following words: "This is to C. The .minimum open spaces around a main certify that this official zoning map supersedes building as provided for in this ordinance and replaces the official zoning map adopted (date shall not be encroached upon or be consid- of adoption of map being replaced) as part of Or- eyed as open spaces for any other building. dinance No. 20 of the Village of North Palm Beach, Florida." D. There shall not be more than one (1) main building and its customary accessory Unless the prior official zoning map has been building on a lot as defined by this ordi- lost, or has been totally destroyed, the prior map nance. or any significant parts thereof remaining shall be preserved, together with all available records E. The types, location and uses of buildings pertaining to its adoption or amendment. Each and land publicly owned and used in the replacement official zoning map shall be num- performance of a public function may be tiered in consecutive order as adopted. permitted in any district, provided such (Ord. No. 208-70, 3-12-70) type, location and use is approved by the village council. The village council may limit the length of time of such type, loca- Sec. 45-18. Boundary conflict interpreta- tion and use. tions. (Ord. No. 2-82, § 1, 1-28-82) Where uncertainty exists as to the boundaries Sec. 45-20. Reserved. of any district shown upon the zoning map, the following rules ShaIl apply: Editor'aoote-Section 1 of Ord. No. 6-91, adopted Mar. 14, 1991, repealed former § 45-20, which pertained to annexed (1) Where district boundaries are indicated as land in the R-1 district and derived from the zoning ordinance following street, alley or lot lines, said lines of the village. shall be construed to be such boundaries. Sec. 45-21. Reserved. (2) Where any public street Or alley is here- Editor's note-Section 45-21, relative to oceanfront land in after officially vacated or abandoned, the the R-1 district, has been repealed by Ord. No. 4-82, § 1, en- Supp. No. 1 2485 § 45-21 NORTH PALM BEACH CODE acted Jan. 28, 198. The former section did not bear a history C. Building site area regulations. The minimum note, lot or building site area for each single-family dwelling shall be seven thousand five hundred Sec. 45.22. Oceanfront land-Ocean setback. (7,500) square feet and have a width of not less There shall. be a building setback line of not than seventy-five (75) feet, measured at the building line. less than fifty (50) feet from the dune line, or one hundred (100) feet from the highwater line, which- D. Yard space regulations. ever distance is greater, for all property bordering 1. Front yard. There shall be a front yard of on the Atlantic Ocean. The measurement of the not less than twenty-five (25) feet measured setback from the dune line and the highwater line from the street line to the front building shall be to the closest edge of any building to be line.. constructed on the Atlantic oceanfront. (Ord. No. 23-72, § 1) 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured from Secs. 45-23-45-26. Reserved. the rear building line to the rear lot line. III 3. .Side yards. There shall be a side yard on each side of the side building line of not ARTICLE III. DISTRICT REGULATIOlITS less than ten (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer Sec. 45-27. 1~1 single-£amily dwelling district. than twenty (20) feet to the side street line A. Uses permitted. Within any R-1 single-family of any such lot. dwelling district no building, structure, land or (a) For a distance of one block on streets water shall be used except for one (1) or more of intersecting U.S. #1, measured from the the following uses: right-of--way line of said U.S. #1, side 1. Single-family dwellings with accessory yards of at least twenty-five (25) feet in buildings customarily incident thereto. depth shall be provided. 2. Public schools. E. Off-street parking regulations. At least one parking space of at least two hundred (200) square 3. Parks and recreation facilities owned or feet shall be provided, consisting of a durable sur- leased by or operated under the supervi- faced area, enclosed in the dwelling, in an acces- sion of the Village of North Palm Beach. sort' building or in an unenclosed area, exclusive 4. Detached fence storage areas. of the driveway connecting the parking space with the street. 5. Satellite dish. antenna. (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. 6. Community residential homes. Community No. 17-90, § 2, 6-28-90) residential homes of six (6) or fewer resi- dents which otherwise meet the definition Sec. 45-28. R•2 multiple-family dwelling dis- of a community residential home, provided trict. that such homes shall not be located within A. -Uses permitted. Within any R-2 multiple- a radius of one thousand (1;000) feet pf an- fa~~r~ily dwelling district, rye building Strii%tiire, other existing such home with six (6) or land or water shall be used, except for one (1) or fewer residents. more of the following uses: ~ 7. Family day care home. 1. Any use permitted in the R-1 single-family B. Building height regulations. No main dwelling district. ~ building shall exceed two (2) stories in height and no accessory building more than one (1) story. Supp. No. 1 2486 i i I i APPENDIX C-ZONING § 45-36 (b) No swimming pool shall be located in G. In all multifamily residential buildings two the area lying between the front prop- (2) stories or greater in height, and in all erty line and the front building line in commercial buildings over four (4) stories the R-1 and R-2 zoning districts. in height, which are not equipped with el- evators provided with standby emergency C. Detached garages not more than one (1) power and having minimum cab dimen- story in height may be erected and main- sions which will permit the use of the ele- tained within seven and one-half (71/2) feet vator cab by normal size emergency ambu- of the rear line of any such lot. lance stretchers, and in all commercial D. Walls and fences built within the area be- buildings two (2) stories to four (4) stories tween the property line and the building in height which are not equipped with ele- setback line shall not exceed six (6) feet in vators having minimum cab dimensions height; provided, however, that no walls or which will permit the use of the elevator fences may be erected between the front cab by normal size emergency stretchers, yard setback and the street line, nor may there shall be a minimum of one (1) access walls or fences exceed four (4) feet in height stairway serving every story. Such stairway shall have the following minimum dimen- for adistance of forty (40) feet from any sions: body of water located within the village. On corner lots, walls or fences shall not ex- (1-) Minimum width of stairway to be five ceed four (4) feet in height within the area (5) feet. between the side line of the lot which fronts (2) Minimum dimensions of all landings on a street, and the front building setback to be ten (10) feet by six (6) feet, six (6) line extended of the adjacent side street lot. inches. On all building permits for walls or fences H. Patios connected to the rear of a dwelling greater than four (4) feet in height that are unit may be enclosed by screening provided to be located outside building setback lines, there shall be a rear yard of not .less than there shall be a prominent notice that a fifteen (15) feet measured from the rear of village building permit in no way offsets the screened enclosure to the rear lot line. the deed covenants, and that the applicant I. There shall be a front yard of not less than should also check the deed covenants to pro- forty (40) feet measured from the street line tect himself. to the front building line in the case of Lots E. In the event one (1) lot, or portion thereof, 11 to 35 inclusive, Block 3, as shown on the and the whole or a portion of a contiguous plat of Village of North Palm Beach, Plat 1, lot, all in one (1) ownership, shall be used recorded in plat book 24, page 205, Public as one (1) building site for one (1) residence Records of Palm Beach County, Florida. building, and its appurtenant outbuildings J. Whenever, by this ordinance, off-street permitted by this ordinance, then while so parking is required in any commercial dis- owned and used the side lines and rear line trict or in any R-3 apartment dwelling dis- of such site shall be deemed to be the side trict, no such parking facilities shall be and rear lot lines of such sites. hereafter constructed until a permit F. No business, professional, commercial ac- therefor shall have been issued by the tivity or home occupation shall be conducted building inspector, and until the plans and upon any portion of real property zoned R-1 specifications therefor are such that: single-family dwelling district, R-2 multiple- a. Such off-street parking area is designed family dwelling district and R-3 apartment with appropriate means of vehicular ac- dwelling district or within any dwelling cess to a public street or alley. thereon or upon a dock, pier or other wa- terside structure appurtenant thereto and . attached to such real property. Supp. No. 1 2507 § 45-36 NORTH PALM BEACH CODE b. Such off-street parking area is designed L. No gasoline or oil filling stations and no with appropriate vehicular maneu- service station shall be erected within five vering areas. hundred (5.00) feet of any church, hospital, c. Such off-street parking area is paved school or other similar institution where with an asphaltic or concrete surfacing, large numbers of pedestrians congregate, or other material designed to prevent :nor within one thousand (1;000) feet of the dust. location in said village of another gasoline d. Such off-street parking area is so con- or oil filling station or service station. strutted, graded and surfaced as to pre- vent surface water from draining onto The method of measurement that shall public right-of--way, or on adjoining apply in such cases shall be by measure- properties, the outlets for such surface ment of the airline distance made or taken waters to be connected directly or indi- from the nearest boundary of the lot or pre- rectly to storm sewer conduits termi- mises where such proposed station would nating in existing publicly controlled be located to such building or structure used waterways or in other seepage areas as a church, hospital, school or other sim- approved by the building department. filar institution to the boundary of the lot or e. Such off-street parking areas shall be premises where the existing station is used for vehicular traffic only, with no erected. Nothing in this section shall pro- ' sales, dead storage, repair work, dis- hibit, however: mantling or servicing of any kind un- less expressly permitted by the zoning a. The operation of existing gasoline or I'' of the district in question. oil filling stations or service stations. f. If lighting of such areas is to be pro- b. The improvement, alteration or recon- vided, the plans therefor shall be such struction of any presently existing gas- ~ that such lighting shall reflect away olive or oil filling station or service sta- from any public street and at such an tion. angle as to prevent glare or undue il- c. The construction of gasoline or oil luinination of residential properties in filling stations or .service stations for the neighborhood. which permits have been. issued prior K. No carnival, fair, amusement park or circus to the date of this ordinance, but which shall be carried on in any residential or are not presently under construction. commercial zoning district in the Village of Building height regulations. North Palm Beach, including zoning dis- tricts R-1, R-2A, R-3, C-A, C-lA, C-1 and (1) Within the area of the Village of North C-2; provided, however, that a carnival, fair Palm Beach which lies north of the Iv- or circus may be carried by a nonprofit or- tracoastal Waterway and west of U.S. ganization to collect funds to further the Highway No. 1, no building or struc- purposes of such organization at the pre- ture shall exceed sixteen (16) stories or mises where the organization is located one hundred sixty (160) feet. Elevator within the Village of North Palm Beach. towers and mechanical apparatus are No such carnival, fair or circus shall ex- not restricted to the one-hundred-sixty- tell 1 LL~__ !A 1• 1Vot 111111 . U for more Lhail Lill"CC ~J) conh'e(:11L1Ve t days, and no such carnival, fair or circus (2) Within the area of the Village of North may be open to the public between the hours Palm Beach which lies north of the In- of 10:00 p.m. and 10:00 a.m. during any tracoastal Waterway and east of U.S. day. A permit for such permitted carnival, Highway No. 1, no building or struc- fair or circus must be obtained from the ture shall exceed twenty-two (22) sto- office of the village manager. There will be ries or two hundred twenty (220) feet. no charge or fee for such permit. Elevator towers and mechanical appa- l Supp. No. 1 2508 i I I APPENDIX C-ZONING § 45-37 ratus are not restricted to the two- fined and licensed under Florida Stat- hundred-twenty-foot limit. utes as a restaurant with full kitchen (3) Within the area of the Village of North facilities, regardless of size or seating Palm Beach which lies south of the In- capacity, where alcoholic beverages are . tracoastal Waterway and east of U.S. served solely as an accessory use to the Highway No. 1, no building or strut- restaurant at tables only and not at a ture shall exceed four (4) stories or forty bar and only when such restaurant is (40) feet. Elevator towers and mechan- open for the sale and service of food; ical apparatus are not restricted to the provided, however, that the provisions forty-foot limit. of this subparagraph (4) shall not (4) Within the area of the Village of North permit a license to be issued under this Palm Beach which lies south and west ordinance for restaurants or other li- ofthe Intracoastal Waterway and west tensed retail sale of alcoholic bever- of U.S. Highway No. 1, no building or ages where the proposed place of busi- structure shall exceed four (4) stories ness is within one thousand (1,000) feet or forty (40) feet. Elevator towers and of a church, public or private school, mechanical apparatus are not re- hospital, public park or public play- stricted to the forty-foot limit. ground. N. [Location of business for retail sales of alto- O. Xeriscape landscaping practices. Properties holic beverages.] within all zoning districts are encouraged to uti- lize xeriscape landscaping practices to simulta- (1) No licensed retail sales of alcoholic Bev- neously enhance the appearance of the property erages shall be carried on where the while requiring less water and energy. Xeriscape proposed place of business is within one practices in the village shall be based on the latest thousand (1,000) feet of a church, public published South Florida Water Management Dis- orprivate school, hospital, park orplay- trict xeriscape manual. ground, or a place of business of an- (Ord. No. 209-70, § 1; Ord. No. 2-71, § l; Ord. No. other licensed retail seller of alcoholic 1-72, § 1; Ord. No. 11-74, § l; Ord. No. 11-75, § 1, beverages. 9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, (2) The measurement provided above for § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. one thousand (1,000) feet shall be made 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91) or taken from the main front entrance or entrances of such church, public or Sec. 45-37. IIistorie site overlay district. private school, hospital, park or play- ground, or a place of business of an- A. Purpose. The historic site overlay district is other licensed retail seller of alcoholic used to impose special development restrictions beverages, to the main front entrance on identified areas. The locations of this overlay of the applicant's proposed place of busi_ district are established by the Village based on ness along the route of ordinary pedes- the need for special protective measures at those trian traffic. locations. The historic site overlay district im- (3) The restrictions of section 45-36 shall poses different standards than those that would not apply to the sale of beer, ale or wine otherwise apply. at retail, not to be consumed on the B. Definitions: [For purposes of this section, the premises. following words shall have the meaning ascribed (4) The restrictions of section 45-36 shall to them in this subsection:] - not apply to any presently existing li- censed retail seller of alcoholic Bever- Building. A structure created to shelter any ages so long as such licensee continues form of human activity. This may refer to a house, to be so licensed at its present location, barn, garage, church, hotel, or similar structure. nor to any bona fide restaurant as de- Buildings may refer to a historically or architec- Supp. No. 1 2509 § 45-37 NORTH PALM BEACH CODE turally related complex, such as municipal build- local register will be kept by the director of public ings, or a house and barn. Parking lots and ga- services. rages are hereby deemed to be "buildings." D. Initiation of placement on local register. Cultural resource. A site, object, structure, Placement of sites, buildings, structures, objects building or district listed in the Village's register or districts on the local register may be initiated of historic sites. by the village council. In addition, placement may be initiated by the owner of the site,. building, Demolition. The tearing down or razing of structure, object or area; or, in the case of a dis- twenty-five (25) percent or more of a structure's trict, by the owner of a site, building, structure, external walls. objector area within the proposed district. By adop- tion of this ordinance, those sites within the Vil- District. A geographically definable area pos- lage of North Palm Beach that have been classi- sessing a significant concentration, linkage, or con- fled as a "Florida historic site" by the Division of tinuity of sites, buildings, structures, objects, or Archives, History and Records Management, ~ areas, which are united historically oi° aestheti- Florida Department of State, are hereby placed tally by plan or physical development. A district on the local register. may be comprised of individual resources which are separated geographically but are linked by E. Placement on local register. The following association or history. procedure shall be followed for placement of sites, buildings, structures, objects, areas and districts Object. A material thing of functional, aesthetic, on the local register: cultural, historical or scientific value that may be, by nature of design, movable, yet related to a 1. A nomination form, available from the de- specific setting or environment. partment of public services, shall be com- pleted by the applicant and returned to the Ordinary maintenance. Work which does not re- department. quire a construction permit and that is done to repair damage or to prevent deterioration or decay 2. Upon receipt of a completed nomination of a building or structure or part thereof as nearly form, including necessary documentation, as practicable to its condition prior to the damage, the director shall place the nomination on deterioration, or decay. the agenda of the next regularly scheduled meeting of the village planning commis- Original appearance. That appearance (except sion. If the next regularly scheduled for color) which, to the satisfaction of the village meeting of the planning commission is too council, closely resembles the appearances of ei- close at hand to allow for the required no- ther: tice to be given, the nomination shall be placed on the agenda of the succeeding reg- (1) The feature on the building as it was orig- ularly scheduled meeting. finally built or was likely to have been built, or 3. Adequate notice of the planning commis- sion's consideration of the nomination shall (2) The feature on the building as it presently be provided to the public at large, and to exists so long as the present appearance is the owner(s) of the nominated property(ies), appropriate, in the opinion of the village at least fifteen (15) days in advance of the council, to the style and materials of the meeting at which the nomination will be building. considered by the council. C. Creation of local register of historic sites. A 4. The planning commission shall, within ~ local register of historic sites is hereby created as thirty (30) days from the date of the meeting a means of identifying and classifying various at which the nomination is-first on the plan- sites, buildings, structures, objects and districts Wing commission agenda, review the nom- i as historic and/or architecturally significant. The ination and write a recommendation c\ Supp. No. 1 2510 i I APPENDIX C-ZONING § 45-37 thereon for consideration by the village council. The recommendation shall include specific findings and conclusions as to why the nomination does or does not meet the appropriate criteria for listing on the local register. The recommendation shall also in- clude any owner's objection to the listing. If the nomination is of a district, the recom- mendation shall also clearly specify, Supp. No. 1 2510.1 i CODE COMPARATIVE TABLE-ORDINANCES Adoption Section Ord. No. Date Section this Code 40-90 12-13.90 1 18-38 3-91 1-24-91 1 App. B, § 36-23 4-91 2-28-91 1 2-177(a) 6.91 3-14-91 1 Rpld App. C, § 45-20 7-91 3-14-91 1 App. C, § 45-36 16-91 4-11-91 1-12 2-170-2-170.11 17-91 4-25-91 1 2-174(a) 23-91 6-27-91 1 Readopting Ordi- nance, p. ix Supp. No. 1 2853 [The next page is 2933] i i i CODE INDEX ELECTRICITY Section FINANCES-Contd. Section Swimming pools; electrical equipment 25-8 Budget duties 2-59(4) ELECTRONIC AUDIO EQUIPMENT Certify contracts 2-59(3) Custodian of bonds, contracts, etc..... 2-59(7) Noise control 19-104 Financial statements 2-59(5) EMERGENCIES Keep accounts 2-59(6) Ambulances 17-50, 17-51 Prescribe form 2-59(2) Civil disorders and disturbances Pensions and retirement. See also that sub- Mayordesignated local authority for pres- ject ervation of public peace............ 8-16 Pension and certain other benefits for fire Fire division 12-29 et seq. and police employees 2-159 et seq. See: FIRE PREVENTIONAND PROTEC- Pension and certain other benefits for gen- TION eral employees 2-146 et seq. Water shortage emergencies 19-200 et seq. Length of service award plan for volun- See: WATER SHORTAGE EMERGEN- teer firefighters 2-170 et seq. LIES Planning and development; filing fees and cost for changes 21-1, 21-2 EMPLOYEES. See: OFFICERS AND EM- Social security 2-136 et seq. PLOYEES See: SOCL4L SECURITY ENCLOSURES. See: FENCES, WALLS, Taxation. See that subject HEDGES AND ENCLOSURES Treasury, department of 2-51 See: TREASURY DEPARTMENT ENERGY EFFICIENCY BUILDING CODE Adopted by reference 6-150 FINES, FORFEITURES AND OTHER PEN- ALTIES ENGINE EXHAUST Code enforcement board; fines and liens... 2-178 Noise control policy 19-108 Code of ordinances, provisions re general EROSION CONTROL STRUCTURES penalty and continuing violations 1-8 Construction regulations 5-93 et seq. Parlung violation........................ 18-37, 18-38 See: BOATS, DOCKS AND WATER- WAYS FIRE DISTRICT Property within village designated 6-3 EXCAVATIONS Bulkhead lines 7-1 et seq. FIRE PREVENTION AND PROTECTION See: BULKHEAD LINES Code enforcement board, applicability re 2-173 Stormwater management 21-61 et seq. Department of public safety, provisions re See: STORMWATER MANAGEMENT fire division 2-76(c) Street excavations 24-16 et seq. Fire division See: STREETS, SIDEWALKS AND Composition 12-30 PUBLIC PLACES Created; functions 12-29 EXCRETA Emergency medical technician volunteers 12-32 Dog waste, removal provisions re......... 4-31, 4-32 Equipment Acquisition 12-52 F Fire alarm system 12-53 Generally 12-51 FENCES, WALLS, HEDGES AND ENCLO- Housing 12-54 SURES Private use of equipment 12-55 Landscaping 27-31 et seq. Tampering with equipment 12-56 See: LANDSCAPING Impersonating fireman 19-8 Swimming pool requirements 25-37, 25-38 Motor equipment and members' cars des- ignated emergency vehicles 12-31 FINANCES Personnel Budget procedures 2-2 Badges 12-41 Country club, provisions re 9-21(c), 9-32 Car insignia 12-42 Court cost Other officers accountable to chief 12-39 Assessment of additional court cost for law Police assistance 12-43 enforcement education expenditures 1-9 Special police powers 12-40 Department of finance Volunteer firefighters, length of service Finance director; duties award plan for 2-170 et seq. Audit accounts . . 2-59(1) See: PENSIONS AND RETIREMENT Supp. No. 1 2941 NORTH PALM BEACH CODE FIRE PREVENTION AND PROTECTION- Section FOWL. See: ANIMALS AND FOWL .Section Contd. Fare prevention code FRANCHISES Adopted by reference 12-16 Enumerated. See Appendix D Amendments 12-17 Use of rights•of--way for utilities 28-1 et seq. Pension and certain other benefits for fire See: UTILITIES and police employees 2-159 et seq. See: PENSIONS AND RETIREMENT G FIREARMS AND WEAPONS Concealed weapons, carrying 19-184 GAMBLING Forfeiture; disposition 19-186 Animals, causing to fight 4-8 Possession 19-183 Sales restricted GARAGE AND OTHER SALES Record of sales required 19-185(c) Garage sales . 17-61 Specified weapons, display and sale of 19-185(b) Permit required 17-62 Switchblade knives prohibited.......... 19-185(a) Violations and penalties 17-63 Stench .bombs prohibited 19-82 See: STENCH BOMBS GARBAGE AND TRASH Abandoned, inoperative and junked prop- FLOOD DAMAGE PREVENTION erty Abrogation and greater restrictions....... 12.5-8 Definitions 14-37 Areas of special flood hazard Disposition of property 14-48 Basis for establishment 12.5.7 Hearing Warnings regarding designations....... 12.5-10 Procedure for hearing 14-45 Building official Request for hearing 14-44 Designated as flood damage control ad- Impounded property, redemption of 14-51 ministrator 12.5-21 Liability of owner or occupant.......... 14-52 Duties and responsibilities 12.5-23 Notices Definitions 12.5-5 Content of notice...................: 14-42 Development permit Contents of public sale notice 14-49 Required ~ 12.5-22 Notice of removal 14-47 Findings of fact 12.5-2 Notice to remove 14-40 Flood hazard reduction provisions Procedure 14-41 Coastal high hazard areas 12.5-44 Prima facie evidence of violation 14-39 General standards Prohibited conditions; enumerated excep- Anchoring 12.5-41(1) tons 14-38 Construction materials and methods.. 12.5-41(2) Public sale 14-50 Enclosures below lowest floor 12.5-41(6) Removal of property from premises , 14.46 Mechanical and utility equipment 12.5-41(5) Responsibility for removal 14-43 Subdivision proposals 12.5-41(4) Boats; refuse disposal.................... 5-12 Utilities 12.5-41(3) Garbage collection and disposal Regulatory floodways 12.5-43 Charges Sand dunes and mangrove stands....... 12.5-45 Commercial use property waste disposal Specific standards ~ fees and collection procedures 14-30 Nonresidential construction 12.5-42(2) Fee for excess amounts from co~nmer- Residential construction 12.5-42(1) cial establishments.............. 14.28 Interpretation 12.5-9 Generally........................... 14-27 Lands to which provisions applies 12.5-6 When and where paid 14-29 Methods of reducing flood losses.......... 12.5-4 Definition 14-23 Noncompliance, penalties for 12.5-11 Frequency of collection 14-26 Statement of purpose and objectives 12.5-3 Garbage cans Statutory authorization 12.5.1 Kept covered........................ 14-25 Variance procedure 12.5.24 Required............................ 14-24 FLORIDA, STATE OF. See: STATE Landscaping; refuse container areas 27.41 Public services department FOLLOWING, PRECEDING Refuse disposal division 2-85(5) Definitions and rules of construction...... 1-2 Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH FORFEITURES. See: FINES, FORFEITURES AND OTHER PENALTIES GATHERINGS. See; ASSEMBLIES Supp. No. 1 2942 i I i CODE INDEX GENDER Section Definitions and rules of construction...... 1-2 GUNS. See: FIREARMS AND WEAPONS H HANDBILLS Distribution restricted 19-7 Supp. No. 1 2942.1 ~1 1 1 1 • CODE INDEX MAYOR Section N Section Civil disorders and disturbances; mayor des- ignated local authority for preserva- NOISE tion of public peace 8-16 Animal noises........................... 19-107 Village council; presiding officer at meet- Buildings, premises or property ings 2-18 Noise from............................ 19.102 Code enforcement board, applicability re 2-173 MEASURES. See: WEIGHTS AND MEA- Conduct, noisy and boisterous 19-106 SURES Construction activity, permissible time for 19-111 Definitions 19-99 MEETINGS. See: ASSEMBLIES Electronic audio equipment 19-104 MISSILES, STONES, ETC. Enforcement Authority 19-116 Throwing missiles 19-83 Procedure MONTH All other noises 19-117(b) Definitions and rules of construction...... 1-2 Motor vehicle noise enforcement, oper- ating 19-117(a) MONUMENTS Engine exhaust 19-108 Subdivisions, required improvements re... 36-27 Exemptions 19-120 Fixed mechanical equipment 19-112 MOTOR VEHICLES AND TRAFFIC Horns and signal devices 19-103 Ambulances 17-50, 17-51 Loading, unloading and unpacking 19-110 Businesses located outside village limits; Loudspeakers and devices for advertising . 19-105 marking of commercial vehicles 17-34.13 Measurement procedure 19-113 Fire division, provisions re cars and desig- Musical instruments 19-104 nated emergency vehicles , 12-31 et seq. Noise control measurement standards other See: FIRE PREVENTIONAND PROTEC- than motor vehicle noise standards 19-118 TION Noise control policy . ~ 19-100 Hitchhiking prohibited 19-6 Periods of observation 19-114 Junked vehicles Radios 19-104 Abandoned, inoperative and junked prop- Special permits excepted 19=119 erty 14-37 et seq. Unnecessary, excessive or offensive noise See: GARBAGE AND TRASH Unlawful to make 19-101 Noise control policy, provisions re 19-103 et seq. Vehicle defect or condition of load 19-109 See: NOISE Voluntary compliance 19-115 Occupational licenses; marking of commer- cial vehicles 17-33.1 NORTH PALM BEACH, VILLAGE OF. See: Park regulations re traffic 20.5 VILLAGE Parking. See herein: Stopping, Standing and NUDITY Parking Topless costumes prohibited 19-64 Public safety department Police division, provisions re traffic..... 2-76(b)(5) NUISANCES Public services department Abandoned, inoperative and junked prop- Division of signal service 2-85(3) erty 14-37 et seq. Stopping, standing and parking See: GARBAGE AND TRASH Parking restricted 18-34 .Animals creating nuisances 4-12 Recreational, boating and camping equip- False alarms ment; parking on residential prop- Excessive false alarms declared public erty restricted 18-35 nuisance.......................... 19-212 Signs, parking in violation o£ 18-36 Rabid animals declared nuisance 4-42 Violations; fines Weeds and brush 14-79 et seq. Article provisions 18-38 See: WEEDS AND BRUSH Handicap spaces 18-37 Vehicular operation NUMBER Speed limits Definitions and rules of construction...... 1-2 Generally 18.16 Specific streets 18-17 O Weight limitations on certain roads..... 18-18 OATH, AFFIRMATION, SWEAR OR SWORN MUSICAL INSTRUMENTS Administrative code, provisions re oaths of Noise control 19-104 office 2-41 Supp. No. 1 2945 NORTH PALM BEACH CODE / OATH, AFFIRMATION, SWEAR OR Section OR, AND Section SWORN-Contd. Definitions and rules of construction...... 1-2 Defmitions and rules of construction...... ~ 1-2 Election inspectors and clerk; oath required 10-59 ORDINANCES. See: CODE OF' ORDI- Fire and police retirement board;. oaths of NANCES office . 2-167 OWNER General employees retirement board; oaths Definitions and rules of construction...... 1-2 of office 2-154 Reserve police force; oath required........ 23-47 P OBSCENITY. See: INDECENCY AND OB- p~,M BEACH COUNTY. See: COUNTY SCENITY OBSTRUCTIONS PARKING Passageways, obstructing 19-47 Landscaping, provisions re off-street parking 27-38, 27-59 et seq. OCCUPATIONAL LICENSES .See: LANDSCAPING Regulations enumerated 17-16 et seq. Parks; designated parking areas.......... 20-5(6) See: LICENSES AND PERMITS Stopping, standing and parking 18-34 et seq. See: MOTOR VEHICLES AND TRAFFIC OFFENSES Zoning, provisions re off-street parking 45-27 et seq. Definitions 19-1 See: ZONING (Appendix C) Enumerated 19-3 et seq. See also specific offenses as indexed PARKS, PLAYGROUNDS AND RECRE- State misdemeanors adopted 19-2 ATION Alcoholic beverages OFFICERS AND EMPLOYEES Consumption on playgrounds and public Administrative code 2-39 et seq. p~.~ 3-3 Bee: ADMINISTRATIVE- CODE Bicycles Definitions and rules of construction...... 1-2 Operation in safe manner, etc.......... 20-6(2) Elections. See also that subject Operation prohibited in certain areas 20-6(1) Generally 10-1 et seq. Buildings or structure, erecting 20-3 Inspectors and clerk 10-58 et seq. Department of recreation Finance director 2-59 Director's duties Impersonating village official 19-8 Conduct community activity 2-110(2) Librarian 2-93 Supervise recreation areas........... 2-110(1) Mayor 2-18, 5-16 Ejectment of violators... 20-8 Pensions and retirement. See also that sub- Enforcement of provisions, responsibility.. 20-7 ject _ Hours regulated........ 20-1 Length of service award plan for volun- Meetings and gatherings teer £'firefighters 2-170 et seq. Liabili for loss or in'u Pension and certain other benefits for fire ~ ~ r3'• • • • • • • • • • • • • • 20-23 Permit and police employees 2-159 et seq. Appeal from refusal to issue.......... 20-35 Pension and certain other benefits for gen- - ~ Application 20-33 eral employees 2-146 et seq. Form . 20-32 Social security 2-136 et seq. Issuance standards . 20-34 Public safety director 2-75 Required............................ 20-31 Public services director ~ 2-84 Revocation.......................... 20-36 Recreation director 2-110 Rules and regulations, permittee bound Social security 2-136 et seq. by 20-22 See: SOCIAL SECURITY Property used to violate provisions, confis- Treasurer 2-51 cation of............................ 20-9 Village clerk and deputy village clerk 2-67 et seq. public services department See: DOCUMENTS AND PUBLIC ' Divisicn of parks 2-8u(2) RECORDS Restrooms, failure to cooperate in keeping Village manager 2-115 et seq. neat or sanit See: VILLAGE MANAGER 20-2 Traffic OFFICIAL TIME Enforcement of traffic regulations 20-5(2) Definitions and rules of construction...... 1-2 .Operation confined to roads 20-5(5) Parking areas designated 20-5(6) OPEN SPACES. See: YARDS AND OPEN Signs 20-5(3) SPACES Speed of vehicles 20-5(4) [ Supp, No. 1 \ ~ 294 CODE INDEX PARKS, PLAYGROUNDS AND RECRE- Section PENSIONS AND RETIREMENT-Contd. Section ATION-Contd. .Pension and certain other benefits for gen- State motor vehicle laws . 20-5(1) eral employees Trees Benefit amounts and eligibility- Climbing trees, etc 20-4 Early retirement 2-148(d) Use by public only 20-1 Late retirement 2-148(c) • Preretirement death 2.148(e) PENALTIES. See: FINES, FORFEITURES Retirement benefit 2-148(6) AND OTHER PENALTIES Retirement date 2-148(a) Termination of employment.... , 2-148(£) PENSIONS AND RETIREMENT Definitions 2-146 Length of service award plan for volunteer Discharged members 2-156(a) Incompetents 2-156(d) firef ghters Membership Benefit •formula 2-170.6 A hcation for membershi 2-147(6) Contaot person 2.170.10 PP p.......... Change in designation of beneficiary.. 2-147(c) Effective date 2-170.3 Conditions of eligibility.............. 2-147(a) Eligibility 2-170.4 Nonassi abilit 2-156(6) Entitlement age 2-170.5 ~ y Normal and optional forms of benefits 2-149 Plan, name of 2-170.2 Pension validity....................... 2-156(c) Point system 2-170.11 Repeal or termination of system........ 2-155 Preretirement death benefit............ 2-170.7 Retirement board Purpose 2-170 Additional rules and regulations autho- Sponsor, name of 2-170.1 rized 2-152 Trustee and contact person 2-170.10 Established 2-151 Vesting provisions, schedule of 2-170.8 Investing funds; custodian of securities 2-153 Village contributions 2-170.9 Oaths of office; meetings; quorum 2-154 Pension and certain other benefits for fire Village contributions and police employees -Generally 2-150(a) Benefit amounts and eligibility ~ Other 2-150(6) Cost of living 2-161(f) Social security 2-136 et seq. Disability retirement 2-161(h) See: SOCIAL SECURITY Early retirement 2-161(d) Volunteer firefighters, length of service Late retirement 2-161(c) award plan for. See herein: Length of Preretirement death 2-161(e) Service Award Plan for Volunteer Fire- Retirement benefit , 2-161(6) fighters Retirement date 2-161(a) PERMITS. See: LICENSES AND PERMITS Termination of employment.......... 2-161(g) Definitions 2-159 PERSON Discharged members 2-169(a) Definitions and rules of construction...... 1-2 Incompetents 2-169(d) PIERS Membership A hcation for membershi 2-160(6) Docks and piers, construction requirements PP ~ p.......... Changes in designation of beneficiary. 2-160(c) re 5-81 et seq. 2-160(a) See: BOATS, DOCKS AND WATER- Conditions of eligibility.. WAYS Nonassignability 2-169(6) Optional forms of benefits.. 2-162 PLANNING AND DEVELOPMENT Pension validity 2-168(c) Appearance plan (Appendix A). See that sub- Repeal or termination of system 2-168 ject Retirement board Board of adjustment Additional rules and regulations autho- Composition; conduct generally rized 2-165 Administrative orders, review o£ 21-21(d) Established 2-164 Created............................. 21-21(a) Investing funds; custodian of securities- 2-166 Decision of administrative official, ap- Oath of office, meetings, quorum of peals to board from 21-21(e) board 2-167 Hearing of appeals 21-21(g) Village contributions Judicial review of decisions of board 21-21(h) Generally 2-163(a) Membership; terms;. alternate; compen- Member contributions 2-163(c) cation 21-21(6) Other 2-163(6) Powers and duties................... 21-21(c) Supp. No. 1 2947 NORTH PALM BEACH CODE PLANNING AND DEVELOPMENT-Contd. Section POLICE-Contd. Section Stay of work and proceedings on appeal 21-21(f) Elections; policemen to be present at polling Comprehensive plan place 10-77 Adoption 21-01 Fire division, provisions re police assistance 12-43 Filing fees and costs for changes Impersonating police officer 19-8 Enactment and authority 21-1(a) Pension and certain other benefits for fire Fee; application 21-1(c) and police employees 2-159 et seq. Jurisdiction 21-1(b) See: PENSIONS AND RETIREMENT Planning commission, advise o£ 21-1(d) Reserve force Concurrency management Application for membership............ 23-43 Adequate public facilities available to ser- Compensation 23-50 vice development 21-45 Created;purpose...................... 23-42 Application 21-42 Director of public safety, appointment to Definitions 21-44 serve by 23-45 Intent and purpose Oath required 23-47 Comprehensive plan, implementation of 21-43(a) Powers and duties 23-48 Management/monitoring and regula- Reserve list to be maintained 23-44 tort' program, establishment of 21-43(b) Resignation 23-46 Minimum requirements 21-43(c) Uniforms and insignia................. 23-49 Management and monitoring program POLLUTION Amendments to CIE and annual budget, recommendations on 21-46(c) Smoke, dust, odors, liquids, etc............ 19-9 Annual public facilities update report. 21-46(b) Stormwater management provisions re pol- Generally 21-46(a) lutantloads......................... 21-67 Regulatory program Waterways, pollution of 5-13 Exemptions 21-47(b) Wellfield protection Generally 21-47(a) Regulation of business activities with po- Public facility adequacy, review to de- tential to contaminate land and water termine 21-47(c} resources 19-221 Short title 21-41 PRECEDING, FOLLOWING Filing fees and costa for voluntary annex- Definitions and rules of construction...... 1-2 ation of land Enactment and authority 21-2(a) PROFANITY Fees: application 21-2(c) Vulgar language prohibited in public places 19-65 Jurisdiction 21-2(b) PROPERTY Planning commission, advice oL 21-2(d) Abandoned, inoperative and junked prop- Stormwater management 21-61 et seq. See: STORMWATER MANAGEMENT erty 14-37 et seq. Subdivision regulations 36-1 et seq. See: GARBAGE AND TRASH See: SUBDIVISIONS (Appendix B) Appearance plan (AppendixA). See that sub- Zoning regulations 45-1 et seq. ject See: ZONING (Appendix C) Definitions and rules of construction...... 1-2 Dogs on property of others 4-28(b) PLANNING COMMISSION Insurance excise taxes; property insurance Composition; conduct generally premiums 26-17 Created 21-11(a) Noise from property 19-102 Meetings 21-11(c) Signs projecting. over public property 6-121 Membership 21-11(b) Subdivision regulations.................. 36-1 et seq. Powers and duties......... 21-11(d) See: SUBDIVISIONS (Appendix B) Zoning ordinances, changes to............ 21-12 Weeds and brush . 14-79 et seq. See: WEEDS AND BRUSH PLATS. See: SURVEYS, MAPS AND PLATS PUBLIC PLACES. See: STREETS, SIDE- PLAYGROUNDS. See: PARKS, PLAY- WALKS AND PUBLIC PLACES GROUNDS AND RECREATION POLICE PUBLIC RECORDS. See: DOCUMENTS AND PUBLIC RECORDS Court cost Assessment of additional court cost for law PUBLIC SAFETY DEPARTMENT enforcement education expenditures 1-9 Director's duties Department of public safety, provisions re Designate instructor 2-75(2) police division 2-76(b} Make assignments..................... 2-75(1) Supp. No. 1 2948 I CODE INDEX PUBLIC SAFETY DEPARTMENT-Contd. Section Divisions Fire Fire fighting 2-76(c)(3) Fire prevention 2-76(c)(4) Maintain equipment 2-76(c)(2) Report losses 2-76(c)(1) Generally 2-76(a) Police Crime prevention 2-76(b)(3), (4) Investigation 2-76(b)(3) Patrol 2-76(b)(2) Radio 2-76(b)(6) Records 2-76(b)(1) Traffic 2-76(b)(5) PUBLIC SERVICES DEPARTMENT Director's duties 2.84 Divisions Municipal garage 2-85(4) Parks 2-85(2) Permits and inspections 2-85(1) Supp. No. 1 2948.1 �� I i C I j i i