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.
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Title page Title page
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xv xv
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(following Table of Contents)
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155-160 155-162
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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)
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VILLAGE ®F
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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
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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
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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
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(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
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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
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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
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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
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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
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TABLE OF CONTENTS-Contd.
Chapter Page
Art. II. Reserved 619
Art. III. Inspectors and Clerk 619
Art. IV. Polling Place 620
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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
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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
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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
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395, 396 _ OC 1171 OC
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507 OC 1235, 1236 OC
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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
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671 - OC 1347, 1348- OC
673 ~OC 1349, 1350 OC
723 OC 1351, 1352 OC
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727 OC 1355, 1356 OC
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889 OC- 1521, 1522 OC
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895, 896 ' ~ OC~ 1575, 1576 OC
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999, 1000 OC 1681 OC
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1057, 1058 OC 1689, 1690 OC
1059, 1060 OC 1739 OC
1061, 1062 OC 1741, 1742 OC
1063, 1064 OC 2043 OC
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2047, 2048 OC 2881, 2882 OC
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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
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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
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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
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Supp. No. 1 [The next page is 21.1]'
162
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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
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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
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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
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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
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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
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CODE INDEX
GENDER Section
Definitions and rules of construction...... 1-2
GUNS. See: FIREARMS AND WEAPONS
H
HANDBILLS
Distribution restricted 19-7
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• 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) [
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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)
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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
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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)
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