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Pages Replaced by Supplement #25 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 6.1 Art. IV. Administrative . 11 Art. V. Qualifications and Elections 13 Art. VI. Transition Schedule 14 Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 136.4 _ - -Div. 1. Generally 136.4 Div. 2. Rules of Procedure 136.4 Art. III. Administrative Code 137 Div. 1. Generally 137 Div. 2. Reserved 139 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 142.1 Art. V. Pensions and Retirement Systems 142.1 Div. 1. Generally 142.1 Div. 2. Social Security 142.1 Supp. No. 23 ~ I NORTH PALM BEACH CODE t Chapter Page Div. 3. Pension and Certain Other Benefits for Gen- eral Employees 142.3 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 150.1 Div. 5. Length of Service Award Plan for Volunteer Firefighters 158.3 Art. VI. Code Enforcement Board 158.4 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. 1. Generally 326 Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div. 4. Docks and Piers 328 Div. 5. Erosion Control Structures 333 Art. IV. Marine Sanctuaries 333 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 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. N Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.16 Art. VII. Coastal Construction Code 398.16 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Emergency Management 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 510 9. Country Club 559 Art. I. In General 561 Art. II. Advisory Board 562 Art. III. Finances 563 i ~ 10. Elections 615 Art. I. In General 617 Supp. No. 23 xii \ ~I I TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. N Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 11.5. Emergency Service 695 Ai-t. I. In General 697 Art. II. Emergency Medical Services 697 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Florida Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. N Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse 891 Div. 1. Generally 891 Div. 2. Garbage Collection and Disposal 891 Div. 3. Abandoned, Inoperative and Junked Prop- erty 892 A~~t. III. Reserved 895 Art. IV. Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations 1051 Art. I. In General 1053 Art. II. Occupational Licenses 1054 Art. III. Businesses Located Outside Village Limits 1060 Art. IV. Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 Supp. No. 23 xlil NORTH PALM BEACH CODE Chapter Page 17.5 Reserved 1121 18. Motor Vehicles and Traffic 1171 Art. I. In General 1173 Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking 1174 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Reserved 1228 Art. III. Offenses Against Property 1228 Art. N Offenses Against Public Morals 1228.1 Art. V. Offenses Against Public Peace 1229 Art. VI. Noise Control 1229 Art. VII. Reserved 1235 Art. VIII. Weapons 1235 Art. IX. Water Shortage Emergencies 1236 Art. X. Alarms 1238 Art. XI. Wellfield Protection 1241 20. Parks, Playgrounds and Recreation 1289 Art. I. In General 1291 II Art. II. Meetings and Gatherings 1292 Div. 1. Generally 1292 Div. 2. Permit 1292 Art. III. Recreation Advisory Board 1293 i 21. Planning and Development 1343 Art. I. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. IV. Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection Regulations 1363 ~ 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places 1517 Art. I. In General 1519 Art. II. Excavations 1519 Div 1. Generally 1519 Div. 2. Permit 1520 Art. III. Sidewalks and Driveways 1520 Div 1. Generally 1520 Div 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Supp. No. 23 Xiv Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 136.1, 136.2 24 iii 1 136.3, 136.4 24 v, vi OC 137, 138 23 vii, viii OC 139, 140 23 ix OC 140.1 23 x.i, x.ii 1 141, 142 22 x.iii 1 142.1, 142.2 22 xi, xii 24 143 16 xiii, xiv 24 144.1, 144.2 12 xv, xvi 24 144.3 12 1 OC 145, 146 9 3, 4 8 147, 148 24 5, 6 12 148.1 24 6.1, 6.2 18 149, 150 20 7, 8 OC 150.1, 150.2 20 9, 10 OC 151, 152 11 11, 12 OC 153, 154 22 13, 14 OC 154.1 22 65 18 155, 156 20 77 OC 157, 158 24 79, 80 OC 158.1, 158.2 20 81, 82 21 158.3, 158.4 24 133 23 159 24 135, 136 24 161, 162 19 Supp. No. 24 [1] t i NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 163, 164 22 697 13 165, 166 22 723 24 211 OC 725 24 213, 214 19 726.1 13 263 OC 727, 728 5 265, 266 OC 729 5 267, 268 17 777 OC 269 17 779, 780 OC 319 OC 781, 782 OC 321, 322 17 783, 784 OG 323, 324 16 785, 786 OC 325, 326 24 787, 788 OC 327, 328 21 789 OC 329, 330 22 839 OC 331, 332 22 889 OC 333, 334 20 891, 892 21 381 23 892.1 15 383, 384 24 893, 894 OC 385 24 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 23 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 398.11, 398.12 24 1051 OC 398.13, 398.14 24 1053, 1054 9 398.14.1, 398.14.2 24 1054.1, 1054.2 9 398.15, 398.16 8 1055, 1056 21 399, 400 OC 1057, 1058 21 401, 402 OC 1059, 1060 21 403 OC 1060.1 14 453 OC 1061, 1062 8 4551 4.56 22 1063, 1064 8 ~ 507 22 1121 OC 509, 510 22 1171 OC 511 22 1173,1174 17 559 17 1175 19 561, 562 24 1225 OG 563, 564 24 1227, 1228 24 615 OC 1228.1 24 617, 618 OC 1229, 1230 21 619, 620 6 1231, 1232 21 671 2 1233, 1234 21 673 24 1235,1236 21 695 13 1237,1238 16 Supp. No. 24 [2] I I I CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1239, 1240 22 1787, 1788 21 1241, 1242 21 1789, 1790 21 1289 3 1791,1792 21 1291; 1292 OC 1793, 1794 21 1293, 1294 22 1795, 1796 21 1295 22 2043 OC 1343 4 2045,2046 10 1345, 1346 22 2047, 2048 OC 1346.1 22 2049, 2050 OC 1347, 1348 OC 2051, 2052 OC 1349, 1350 OC 2053 OC 1351, 1352 14 2353 OC 1352.1 14 2355, 2356 OC 1353, 1354 OC 2357, 2358 OC 1355, 1356 OC 2359, 2360 22 1357, 1358 OC 2361, 2362 22 1359, 1360 OC 2362.1 22 1361, 1362 5 2363, 2364 OC 1363, 1364 5 2365, 2366 OC 1365, 1366 5 2367, 2368 1 1367 5 2368.1 1 1411 OC 2369, 2370 OC 1463 OC 2371, 2372 OC 1465, 1466 OC 2373, 2374 OC 1517 OC 2375, 2376 OC 1519, 1520 OC 2377, 2378 22 1521, 1522 OC 2379 22 1523 OC 2479 9 1573 24 2481,2482 23 1575, 1576 24 2483, 2484 23 1627 9 2485,2486 23 1629, 1630 21 2486.1, 2486.2 23 1631 21 2486.2.1, 2486.2.2 23 1681 OC 2486.2.3 23 1683, 1684 24 2486.3, 2486.4 16 1684.1, 1684.2 24 2487, 2488 OC 1685, 1686 OC 2488.1, 2488.2 18 1687, 1688 17 2489, 2490 18 1689, 1690 17 2491, 2492 18 1739 14 2493,2494 18 1741, 1742 21 2495, 2496 18 1781 21 2497,2498 21 1783, 1784 21 2499, 2500 21 1785, 1786 21 2500.1 21 Supp. No. 24 [3] NORTH PALM BEACH CODE Page No. Supp. No. 2501, 2502 18 2503, 2504 18 2504.1, 2504.2 16 2505, 2506 10 2507, 2508 13 2509,. 2510 13 2510.1, 2510.2 13 2511, 2512 23 2512.1, 2512.2 23 2512.3, 2512.4 23 2512.5, 2512.6 23 2512.7 23 2513, 2514 OC 2515, 2516 22 2517, 2518 22 2619 21 2819, 2820 24 2869, 2870 OC 2871 OC 2873 OC 2875, 2876 OC 2877, 2878 OC 2879, 2880 OC 2881, 2882 14 2883, 2884 14 2885, 2886 19 2887, 2888 24 2933, 2934 OC 2935, 2936 23 2937, 2938 24 2939, 2940 23 _2941, 2942 24 2943, 2944 24 2945, 2946 24 2947, 2948 23 2949, 2950 24 2950.1 24 2951, 2952 23 2953, 2954 24 2955, 2956 24 2965, 2966 15 2967 15 Supp. No. 24 [4] PART I CHARTER* Art. I. Corporate Name Art. II. Territorial Boundaries, § 1 Art. III. Legislative, 1-11 Art. IV. Administrative, 1-7 Art. V. Qualifications and Elections, 1-6 Art. VI. Transition Schedule, 1-6 *Editor's note-The charter of the village, ch. 31481, Laws of Florida (1956) as revised by Ord. No. 1-76 of Feb. 19, 1976, is set out in this Part as enacted. Amendments have been worked in and are indicated by history notes following amended sections. Material enclosed in brackets (]has been inserted where necessary to correct obvious errors or for purposes of clarification where an ambiguity appears. 1 j s 't 1 CIIAIZTER § 1 ARTICLE I. CORPORATE NAME South, Range 43 East, Palm Beach County, Flor- The municipality hereby established shall be ida; thence northerly along the said north and known as "The Village of North Palm Beach, Flor- south quarter section Iine, a distance of 15.75 feet, ida." more or less, to the quarter corner in the north line ofsaid Section 20; thence northerly along the north and south quarter section line of Section 17 ARTICLE II. TERRITORIAL BOUNDARIES ofsaid Township and Range to a point in the east- erly extension of the northerly right-of--way line of Section 1. [Described.] the Earman River Canal as described in Deed Book 1047, Page 359, Public Records of Palm Beach The Territorial Limits of said Municipality are County, Florida; thence N-67°-25'-24"-W a dis- hereby defined and shall be as follows: tance of 42.89 feet to a point in the northerly right- BEGINNING at the intersection of the waters of-way line of said Earman River Canal; thence edge along the west shore of Lake Worth, with the westerly along said northerly right-of--way line of south line of Government Lot 1, Section 21, Town- the Earman River Canal, to the west line of said ship 42 South, Range 43 East, Palm Beach Coun- Section 17; thence northerly along the west line of ty, Florida; thence westerly, along the south line said Section 17, to the northwest corner of said ofsaid Government Lot 1, to the southwest corner Section 17; thence easterly along the north line of thereof; thence northerly, along the west line of said Section 17, to the southwest corner of Crom- said Government Lot 1, also being the north-south well Estates according to the Plat thereof, record- one-quarter section line of said Section 21, to a ed in Plat Book 29, page IIO, Public Records of point 68.90 feet south of the north one-quarter Palm Beach County, Florida; thence northerly corner ofsaid Section 21, (as measured along said along the west line of said Cromwell Estates to one-quarter section line). Said point being on the the northwest corner thereof; thence easterly along north side of the concrete curb on the south side of the north line of said Cromwell Estates to the the center median of Northlake Boulevard (S,R. west line of the southeast one-quarter (SE ~/4) of No. 850), said point also being 7.75 feet south of the southwest one-quarter (SW ~/4) of Section 8 of the centerline of Northlake Boulevard (S.R. No. said Township and Range; thence northerly along 850) as now laid out and in use; thence 5-89°-48'- the west line of the southeast one-quarter (SE ~/4) 00"-W, along a line which is 7.75 feet south of and of the southwest one-quarter (SW ~/4) of Section 8 parallel with the centerline of said Northlake Bou= to the northwest corner thereof; thence easterly levard (S.R. No. S-$50), a distance of 1094.60 feet along the north line of the southeast one-quarter to the beginning of a curve, concave to the north, (SE '/4) of the southwest one-quarter (SW '/4) of having a radius of 4009.75 feet and a central an- .Section 8 to the west line of Pepperwood Subdivi- gle of 10°-37'-48"; thence westerly and northwest- Sion as recorded in Palm Beach County Records, erly along the arc ofsaid curve, a distance of 743.92 Plat Book 33, page 184, thence northerly along feet to the end of said curve and the beginning of the west line of said Pepperwood Subdivision to a curve, concave to the south, having a radius of the northwest corner thereof; thence easterly along 4019.52 feet and a central angle of 8°-40'-40"; the north line ofsaid Pepperwood Subdivision to a thence westerly along the arc of said curve, a dis- point in a line lying 260 feet west and parallel to tance of 608.78 feet to the end of said curve; thence the north-south quarter section line of Section 8, N-88°-14'52"-W, a distance of 200 feet, more or Township 42 South, Range 43 East, Paim Beach less, to a point; said point being on the west line of County, Florida; thence northerly along said line said Section 21 and 15.75 feet south of the north- a distance of 1085 feet; thence east along a line west corner of said Section 21; thence N-88°-04'- parallel to the south line of the southeast one- 04"-W, along a line which is 7.75 feet south of and quarter (SE ~/4) of the southeast one-quarter (SE parallel with the centerline ofsaid Northlake Bou- ~/4) of the northwest one-quarter (NW ~/4) of said levard (S.R. No. 850), a distance of 2654.1 feet, Section 8 to a point in the north-south quarter more or less to a point in the north and south section line of said Section 8; thence northerly quarter section line of Section 20, Township 42 along the north and south quarter section line of s~,PP. tvo. s 3 § 1 NORTH PALM BEACH CODE - ` said Section 8 to the north line of said Section 8; North O1°-22'-26" West along the Easterly Right- thence easterly along the north line of said Sec- of-Way Line of Ellison-Wilson Road, same line be- tion 8 to a point in the east right-of--way line- of ing the Westerly line of Lots 6 and 7 of said "Plat Prosperity Farms Road; thence northerly along of Subdivision of Government Lot 8," a distance of the east right-of--way line of Prosperity Farms 492.84 feet to the Northwest corner of said Lot 7 Road to a point in the north right-of--way line of of the "Plat of Subdivision of Government Lot 8," Monet Road as laid out and in use; thence east- thence North 87°-20'-06" West along the South erly along the North right-of--way line of Monet line of said Government Lot 7 same line also be- Road as laid out and in use to its intersection with ing the North Line of said "Plat of Subdivision. of the west line of the east ~/2 of the W '/2 of the SE Government Lot 8," a distance of 102.48 feet to ~4 of the SW'/4 of the SE'/4 of Section 5, Township the Southwest Corner of Government Lot 7, Sec- 42 South, ~ Range 43 East, thence N-00°-34'-04" tion 4 of said Township and Range; thence North East a distance of 611.46 feet; thence easterly O1°-35'-39" East along the West line of said Gov- along the North line of the SE '14 of the SW '14 of ernment Lot 7, a distance of 356.07 feet; thence the SE '/4 of said Section 5 a distance of 499.70 South 85°-38'-02" East,. a distance of 765.13 feet feet;. thence S-00°-09'-50"-W a distance of 168.05 to a point of intersection with the Westerly Right- feet, thence easterly along the north line of the SE of-Way line of State Road Number 5; less the 66.OD 3/4 of the S '/a of the SE '/4 of said Section 5, a foot Right-of--Way for Ellison-Wilson Road; thence distance of 615.95 feet; thence southerly along the Southeasterly along the Westerly Right-of--Way west right-of--way line of the Intracoastal Water- line of State Road Number 5 to a point of inter- way (as shown on amended Plat Section 5, Town- section with the north line of Government Lot 8, ship 43 South, Range 43 East, Plat Book 17, Page Section 4 of said Township and Range; thence east- 29, Palm Beach County, Florida) to the North line erly, along the north line of said Government Lot ~ ' of Section 8, Township 43 South, Range 43 East; 8, to a point lying on the northerly line of Govern- thence easterly, along the north line of Sections 8 ment Lot 8, at its intersection with the southwest- and 9 of said Township and Range, as shown on erly corner of the Plat of Twelve Oaks, as recorded Florida Inland Navigation Districts Right-of--Way in Plat Book 31, Pages 48 and 49, said Public Map on pages 10 and 29 of Plat Book 17, Public Records; thence northerly along the westerly line it Records of Palm Beach County, Florida, to the of said Plat of Twelve Oaks a distance of 719.70 center line of the R/W of State Road No. 5 (U.S. feet, thence westerly along a line parallel to the Highway #1) as shown on Florida State Road De- North line of Lot 8 to a point in the westerly right partment's Right-of--Way Map recorded in State of way line of State Road 5 (US #1), thence north- . .and County Road Plat Book 2, pages 43 to 56, erly along the westerly right of way line of State inclusive; thence northerly, along the center line Road 5 (US #1), a distance of 200 feet, thence run of said State Road No. 5, to its intersection with easterly along a line parallel to the north line of the easterly projection of the North line of Lot 6, Lot 8 to a point in the westerly line of said Plat of Plat of Subdivision of Government Lot 8, Section Twelve Oaks, thence northeasterly along said 4 of said Township and Range; thence North 88°- westerly line and its northeasterly prolongation 08'-06" West, distance of 63.12 feet to the North- thereof to its intersection with the southerly Right- east corner of said Lot 6; thence North 88°-08'-06" of-Way line of State Road 703, as recorded in Road West along the North line of said Lot 6 and the Plat Book 5, Pages 12 and 13, said Public Records; easterly projection thereof, a distance of 231.75 thence easterly along said southerly Right-of--Way feet; thence North 03°-04'-10" West, a distance of line to its intersection with the southerly prolon- 125.20 feet; thence South 89°-49'-50"East along a gation of the westerly line of the Plat of Hidden line 25 feet, more or less, North of the centerline Key, as recorded in Plat Book 27, Page 243, said of Caroline Avenue, as now laid out and in use, a Public Records; thence northerly along said south- distance of 500.00 feet to a point of intersection erly prolongation to the southwesterly corner of with the Easterly Right-of--Way Line' of Ellison- said Plat of Hidden Key and a point on the north Wilson Road, as now laid out and in use having a Right-of--Way line; to a point at right angles to ~ ~ total Right-of--Way width of 66.00 feet; thence centerline station. 362 + 62.00 as said stationing is j Supp. No. 8 4 CHARTER § 1 shown on the Plat of Bulkhead line in the north westerly, along said easterly extension across end of the Waters of Lake Worth, as recorded in Lake Worth to the point of beginning, at the Plat Book 26; page 135, Public Records of Palm waters edge on the west shore of said Lake Worth. Beach County, Florida; thence southerly at right And a tract of land in Lots 3 and 4 of a subdivision angles to said north Right-of--Way line, a distance of Government Lot 8, Section 4, Township 42 of 53.00 feet to a point on said centerline of State South, Range 43 East, Palm Beach County, Flor- Road No. 703 and the northerly prolongation of ida, according to the Plat thereof, recorded in Plat the bulkhead line as shown on said plat; thence Book 18, page 4, Public Records of Palm Beach southerly and southwesterly, along said northerly County, Florida, said tract of land being more prolongation and said bulkhead line to its inter- particularly described as follows: section with the easterly prolongation of the north line of said Government Lot 8; thence continue Begin at the point of intersection of the north easterly along the same course, to a point in the right-of--way line of McLaren Road with the east southerly extension of the line between Govern- right-of--way line of Ellison-Wilson Road, said merit Lots 3 and 5 of said Section 4, as shown on point being the southwest corner of Lot 3; thence Plat of Seminole Beach recorded in Plat Book 22, run N°3-04'-10"-W along the east right-of-way page 37, Public Records of Palm Beach County, line of Ellison-Wilson Road 303.89 feet to the Florida; thence southerly, along said southerly northwest corner of the said Lot 3; thence run extension to a point in the westerly extension of 5-89°-54'-29"-E, along the north line of Lot 3 a the north line of Section 10 bf said Township and distance of 7.01 feet thence run North 03°-04'-10" Range; thence easterly, along said westerly exten- west a distance of 303.93 feet, thence run North Sion of the north line of said Section 10 and along 89°-49'-50" West a distance of 7.01 feet, thence the north line of said Section 10; to the waters of run North 03°-04'-10" West a distance of 125 feet Lake Worth; thence southerly, along the waters of ,thence run South 89°-49'-50" East a distance of Lake Worth, to the south line of the Marshall 620 feet, thence run North 03°-04'-10" West a Morton Estates, according to the Replat thereof distance of 125.20 feet, thence run South 89°-49'- recorded in Plat Book 24, page 1, Public Records 50" east a distance of 125.06 feet, thence run of Palm Beach County,. Florida; thence easterly, South 0°-12'-26" West a distance of 74.91 feet, along the south line of said Marshall Morton thence run South 23°-48'-04" East 248.69 feet, Estates, to the east boundary of said Marshall thence run South 89°-54'-29" East a distance of Morton Estates at the waters of a lagoon; thence 14.89 feet; thence run south 190.18 feet; thence northerly, along the easterly boundary of said run easterly parallel with the north line of Lot 4 a Marshall Morton Estates and along the waters of distance of 50 feet, thence southerly parallel to said lagoon, to the north line of said Section 10; the west line of Lot 4 a distance of 112.41 feet to thence easterly, along the north line of said Sec- a point in the north right-of--way line of McLaren tion 10, to the waters of the Atlantic Ocean; Road; thence run west along the north right-of- thence southerly, along the waters of the Atlantic way line of McLaren Road, 727.33 feet to the point Ocean, to a point in a line parallel to, and 8,000 of beginning. feet southerly from, measured at right angles to, And a tract of land described as follows: A parcel the north line of said Section 10; thence westerly, of land lying in Section 5, Township 42. South, along said parallel line, to a point in the westerly Range 43 East, Palm Beach County, Florida, and boundary of the submerged land area conveyed by being more particularly described as follows: the Trustees of the Internal Improvement Fund of the State of Florida, to Lake Worth Realty Com- That part of the North Half (N ~/a) of the South parry, a Florida corporation, by Trustees' Deed No. Half (S ~/a) of the Southeast Quarter (SE~/4) of said 17,146, recorded in Deed Book 205, page 82, Section 5 lying westerly of the West Right-of--Way Public Records of Palm Beach County, Florida; line of the Intracoastal Waterway and lying East thence southerly, along said westerly boundary to of the easterly Right-of--Way line of Prosperity a point in the easterly extension of the south line Farms Road, as shown in Road Plat Book 2, pages of Government Lot 1 of said Section 21, thence 136 and 137; Supp. No. 12 5 § 1 NORTH PALM BEACH CODE 1 TOGETHER with the Northeast Quarter (NE '/4) records of Palm Beach County, Florida; Thence N of the Southwest Quarter (SW ~/4) of the South- 89° 47' S8" W along the North line of said Lot 5, a west Quarter (SW '/4) of the Southeast Quarter distance of 250.12 feet to a point: Thence South- (SE ~/4) of Section 5: erly, at right angles bearing South 0° 12' 02" TOGETHER WITH that part of the North 169.5 West, a distance of 74.91 feet; Thence South 23° feet of the West Half (W ~/z) of the Southwest 47' 30" East, a distance of 200.65 feet; Thence Quarter (SW ~/4) of the Southwest Quarter (SW South 89° 54' 40" East, a distance of 28322 feet to '14) of the Southeast Quarter (SE '!4) of Section 5 a point in the East line of said Lot 5; Thence lying easterly of the East line of those lands North 23° 47' 30" West along East line of said Lot _ described in Deed Book 877, Page 439, Palm 5; a distance of 282.04 feet to the Point of Begin- . ping. Beach County records: TOGETHER WITH the West Half (W ~/z) of the TOGETHER WITH the following described par- West Half (W 1/z) of the Southeast Quarter (SE'/4) cel: of the Southwest Quarter (SW '/4) of the South- A parcel of land lying in the southeast quarter of east Quarter (SE '14) of the said Section 5: Section 5, Township 42 South, Range 43 East, TOGETHER WITH the West thirty feet (30') of Palm Beach County, Florida, more particularly the following described parcel: described as follows: Commencing at the center of said Section 5: Commencing at the southwest corner of the south- thence easterly along the East-West Quarter Sec- east quarter of said Section 5; thence South tion line a distance of 1,293.76 feet to the North- 8g°-34'-32"East along the South line of the south- west corner of the Northeast Quarter (NE ~/4) of east quarter (the South line of the southeast the Southeast Quarter (SE ~/4) of said Section 5: quarter is taken to bear South 88°-34'-32" East thence South 00°-08'-30" West along the West line and all other bearings stated herein are relative of the Northeast Quarter (NE ~/4) of the Southeast thereto) a distance of 841.10 feet to the East line Quarter .(SE '/4) of Section 5, (the west line of the of the West half of the West half of the southeast Northeast Quarter (NE ~/4) of the Southeast Quar- quarter of the. southwest quarter of the southeast ter (SE ~/4) of Section 5 is assumed to bear South quarter of said Section 5; thence North p0°-06'- 00-°-08'-30" West and a1T other bearings are rela- 53" East along said East line and along the West five thereto) a distance of 1.343.65 feet to the line of the Plat of Harbour Point Marina, recorded Southwest corner of the Northeast Quarter (NE in plat Book 73, Pages 99 and 100, Public Records '/4) of the Southeast Quarter (SE '/4) of Section 5 of Palm Beach County, Florida, a distance of and the POINT OF BEGINNING of the herein 671.39 feet to the northwest corner of said plat; described parcel: thence South 88°-16'-41" East thence South 88°-3T-59' East along the North along the South line of the. Southwest Quarter line of said plat a distance of 499.75 feet to the (SW ~/4) of the Northeast Quarter (NE '!4) of the -most northeasterly corner of said plat and the Southeast Quarter (SE ~/4) of Section 5 a distance POINT OF BEGINNING of the hereinafter de- of 144.46 feet: thence North 02°-13'-54"-West, a scribed parcel; thence continue South 88°-3T-59" distance. of 157.46 feet; thence North 88°-16'-41° East along the North line of the South half of the West, a distance of 137.95 feet; thence South southeast quarter of the southeast quarter of said 00°-08'-3D" West, a distance of 157.15 feet to the Section 5 a distance of 594.98 feet to a point of POINT OF BEGINNING. intersection with the West right-of--way line of the TOGETHER WITH the following described par- Intracoastal Waterway as shown on the Amended cel: Plat of Section 5-42-43 of the Intracoastal Water- way, as recorded in Plat Book 17, Page 29, Public Begin at the Northeast corner of Lot 5, according Records of Palm Beach County, Florida; thence to the Plat of subdivision of Government Lot 8, South 07°-20'-49" East along said right-of--way Section 4, Township 42 South, Range 43 East, as line a distance of 166.93 feet to a point on the recorded in Plat Book 18, Page 4, in and for the South line of the North 165.00 feet of the South ~ ~ Supp. No. 12 6 CHARTER Art. III, § 2 half of the southeast quarter of the southeast 983 feet, more or less, to a point in the South line quarter of said Section 5; thence North 88°-37'- of said Southwest Quarter of Section 17; thence 59" West along said South line a distance of Easterly, along said South line, a distance of 1096 615.50 feet to the southwest corner of the North feet, more or less, to said Southeast corner of the 165.00 feet of the South half of the southeast Southwest Quarter and the Point of Beginning. quarter of the southeast quarter of said Section 5, said point lying on the East line of said Plat of TOGETHER WITH the following described par- Harbour Point Marina; thence North 00°-17'-18" cel: West along said plat line and the West line of the North 165.00 .feet of the South half of the south- Lots 14 and 15, Kelsey Acres, according to the plat east quarter of the southeast quarter of said recorded in plat book 22, page 16, Public Records Section 5 a distance of 165.07 feet to the POINT of Palm Beach County, FL. OF BEGINNING. (Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95, TOGETHER WITH the following described par- 2-9-95; Ord. No. 24-96, 7-11-96; Ord. No. 33-96, cel: 8-22-96; Ord. No. 20-99, § 1, 5-27-99) A parcel of land lying in the Southwest Quarter of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida, being more particu- .ARTICLE III. LEGISLATIVE larly described as follows: Begin at the Southeast corner of said Southwest Section 1. Village council; powers and com- Quarter of Section 17; thence Northerly, along the position. North-South quarter section line of said Section There shall be a village council with all legis- 17, adistance of 1748.3 feet, more or less, to a lative powers of the village vested therein consist- point on the Easterly prolongation of the North ing of five (5) members who shall be electors of the line of Lot 29, according to the Plat of Kelsey village, who shall be elected by the electors of the .Acres, as recorded in Plat Book 22, Page 16, Public Records of Palm Beach County, Florida; village. thence Westerly, along said prolongation and the (Ord. No. 1-76, § 1, 2-19-76) North line of Lot 16 and Lots 18 through 29, a distance of 1446.5 feet more or less, to a point on Section 2. Election and terms. the Easterly right of way line of State Road Alternate A-1-A, as recorded in Road Plat Book 6, On the second Tuesday in March of each year a Page 180, Public Records of Palm Beach County, general election shall be held to elect members of Florida; thence Southerly along said Easterly the village council. The selection of members of right of way line, a distance of 889.3 feet to a the village council shall be by groups to be known point; thence Westerly, at right angles to the as Groups 1, 2, 3, 4 and 5. The councilmen in preceding course, a distance of 106 feet to a point Groups 1, 3 and 5 shall be elected in the even on the Westerly right of way line of said State years and councilmen in Groups 2 and 4 shall be Road Alternate A-1-A; thence Northerly, along elected in the odd years. The term of office of a said right of way line, a distance of 100.00 feet, councilman shall commence upon his election and more or less, to a point in the South line of that qualification and shall continue for two (2) years certain parcel described in Official Record Book thereafter and until his successor is elected and 2865, Page 1178, Public Records of Palm Beach qualified; provided, however, that the terms of County, Florida; thence Westerly, along said South office of those councilmen whose terms expire in line, a distance of 282.8 feet, more or less, to a March of 1981 and March of 1982 shall be short- point in the Easterly right of way line of the ened by a period of one week. Florida East Coast Railroad; thence Southerly, (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1, along said Easterly right of way line, a distance of 10-9-80) Supp. No. 18 6.1 ~I Art. III, § 3 NORTH PALM BEACH CODE r Section 3. Mayor. The council shall elect from among its mem- bers amayor, avice mayor, and a president pro ~ tem to serve at the pleasure of the council. Elec- tion of the mayor, vice mayor and president pro tem shall be done annually at the first (1st) regular council meeting after the village election. The mayor shall preside at meetings of the coun- cil, shall be recognized as head of village govern- ment for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other docu- ments, and as the village official designated to represent the village in all. agreements with other governmental entities or certifications to other governmental entities, but shall have no admin- istrative duties except as required to carry out the responsibilities herein. The vice mayor shall act as mayor during the absence or disability of the mayor. The president pro tem shall preside at council meetings in the absence of the mayor and vice mayor. The mayor shall have power, for sufficient cause, to suspend any Village officer or official appointed by the council. In case of the suspen- sion of any such person, the mayor shall, within fifteen (15) days thereafter, deliver to the village clerk, or his deputy, a specification in writing of the charges preferred to the officer suspended; and it shall be the duty of said clerk to present such charges to the council at its next meeting following the receipt of such charges by him. Thereafter the council shall proceed to hear and determine the said charges after reasonable no- tice of such hearing to the suspended officer, who shall be I ~ ~t~. Sapp. No. 18 6.2 I i CHAFLTER Art. III, § 6 given an opportunity to be heard with his wit- in the unexpired term and no regular village elec- nesses. If upon such hearing the charges preferred tion is scheduled within six (6) months, the council against such officer shall not be sustained by the shall fill the vacancy on an interim basis as pro- council, the officer shall be thereby immediately vided in (1), and shall schedule a special election restored to office unless the council shall decide to to be held not sooner than sixty (60) days, nor terminate the services of such officer for other more than ninety (90) days following the occur-- cause, or without cause. rence of the vacancy and if a runoff election is In the. event that any village officer shall be necessary, it shall be scheduled one (1).week after suspended by the mayor as herein. provided, the the special election. Notwithstanding any quorum mayor shall have- power to appoint some person or requirements- established herein, if at any time some other officer of the Village temporarily to the membership of the council. is reduced to less perform the duties of the officer suspended, until than a quorum, the remaining: members. may by the charges against such suspended officer are majority vote, appoint adclitional members under heard and determined by the council. either (1) or (2) above. (Ord. No. 1-76, § 1, 2-19-76) (d) Extraordinary vacancies. In the event that all members of the council are removed by death, Section 4. Compensation and expenses. disability, law or forfeiture of office, the governor The council may determine the annual salary shall appoint an interim council that shall call a of council members by ordinance, but no ordi- special election as provided in (c) above and such nance increasing such salary shall become effec- election shall be held in the same manner as the tine until the date of commencement of the terms first (1st) election under this charter. ofthe-council members elected at the next regular (Ord. No. 1-76, § 1, 2-19-76) election, provided that such election follows the adoption of such ordinance by at least six (6) Section 6. Prohibitions. months. (Ord. No. 1-76, § 1, 2-19-76) (a) Appointment and removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any village Section 5. Vacancies; forfeiture of office; administrative officers or employees whom the filling of vacancies. manager or any of his subordinates are empow- (a) Vacancies. The office of a council member ered to appoint, but the council may express its shall become vacant upon his death, resignation, views and fully and freely discuss with the man- removal from office in any manner authorized by ager anything pertaining to appointment and re- law or forfeiture of his office, such forfeiture to be moval of such officers and employees. declared by the remaining members of the council. (b) Interference with administration. Except for (b) Forfeiture of office. A council member shall the purpose of inquiries and investigations, the forfeit his office if he lacks at any time during his council or its members shall deal with village of- term of office any qualification for the office pre- facers and employees who are subject to the direc- scribed by this charter or by law. tion and supervision of the manager solely through the manager, and neither the council nor its mem- (c) Filling of vacancies. A vacancy of the council hers shall give orders to-any such officer or em- shall be filled in one of the following ways: (1) If ployee, either publicly or .privately. Nothing in there are less than six (6) months remaining in the foregoing is to be construed to prohibit indi- the unexpired term or if there are less than six (6) vidual members of the council from closely scru- months before the next regular village election, tinizing by questions and personal observation, the council by a majority vote of the remaining all aspects of village government operations so as members shall choose a successor to serve until to obtain independent information to assist the the newly elected council member is qualified. (2) members in the formulation of sound policies to If there are more than six (6) months remaining be considered by the council. It is the express in- 7 Art. III, § 6 NORTH PALM BEACH CODE P Fi tent of this charter, however, that recommenda- (c) Voting. Voting, on ordinances and resolu- tions for improvement in village government op- tions, shall be recorded in the journal. A majority erations by individual council members be made of the council shall constitute a quorum; but a to and through the village manager, so that the smaller number may adjourn from time to time manager may coordinate efforts of all village de- and. may compel the attendance of absent. mem- partments to achieve the greatest possible sav- bers in the manner and subject to the penalties ings through the most efficient and sound means prescribed by the rules of the council. No action of available. the council except as otherwise provided in the preceding sentence and in § 5, shall be valid or (c) Holding other office. No former elected vil- binding unless adopted by the affirmative vote of lage official shall hold any compensated appointive the majority of a quorum present, and no ordi- village office or employment until one (1) year nance or resolution shall be adopted unless by the after the expiration of the term for which he was affirmative vote of at least three (3) council mem- elected. bers. (Ord. No. 1-76, § 1, 2-19-76) (Ord. No. 1-76, § 1, 2-19-76) Section 7. Turnover of documents. Section 10. Initiative and referendum. It shall be the duty of every officer of the village (a) (1) Initiative. The qualified voters of the within ten (10) days after the expiration of his village shall have power to propose or- term of office or of his removal therefrom, to de- dinances to the council and, if the liver to his successor in office, or to such person as council fails to adopt an ordinance so the council may designate, all books, records, pa- proposed without any change in sub- pers, vouchers and property of every kind in his stance, to adopt or reject it at a village possession or control, belonging to the munici- election, provided that such power shall @ pality. not extend to the budget or capital pro- (Ord. No. 1-76, § 1, 2-19-76) gram or any ordinance relating to ap- propriation of money, levy of taxes or Section 8. Council-appointed officials. salaries of village officers or employees. The council shall have power to employ and re- (2) Referendum. The qualified voters of the tain engineers, judges, prosecutors, accountants village shall have power to require re- and attorneys. The council shall have the power consideration by the council of any to create and abolish all offices and fix and deter- adopted ordinance and, if the council mine the authority, duties and compensation of fails to repeal an ordinance so recon- all appointed officers, assistants and employees. sidered, to approve or reject it at a vil- (Ord. No. 1-76, § 1, 2-19-76) lage election, provided that such power shall not extend to the budget or cap- ital program or any emergency ordi- Section 9. Procedure. nance or ordinance relating. to appro- priation of money, levy of taxes or (a) Meetings. The council shall meet regularly salaries of village officers or employees. at least once in every month at such times and places as the council may prescribe by rule. Spe- (b) Commencement of proceedings. Any five (5) cial meetings may be held on the call of the mayor qualified voters may commence initiative or ref- ' or of a majority of the members and, whenever erendum proceedings by filing with the village practicable, upon no less than twelve (12) hours' clerk or other official designated by the council an notice to each member and the public. affidavit stating they will constitute the petition- ers' committee and be responsible for circulating (b) Rules and journal. The council shall deter- "tle petition and ~fiing it'n proper .forme, stating ~ mine its own rules and order of business. their names and addresses and specifying the ad- ~ i i 8 CHARTER Art. III, § 10 dress to which all notices to the committee are to tion is filed and` five (5) days for arefer- be sent, and setting out in full the proposed ini- ~ endum petition; the village clerk or other tiative ordinance or citing the ordinance sought official designated by the council shall com- to be reconsidered. plete a certificate as to its sufficiency, spec- Promptly after the affidavit of the petitioners' ifying, if it is insufficient, the particulars ' ~ committee is filed, the clerk or other official des- wherein it is defective and shall promptly ignated by the council may, at the committee's send a copy of the certificate to the petition- request, issue the appropriate petition blanks to ers' committee by registered mail. Grounds the petitioners' committee at the committee's ex- for insufficiency are only those specified in pense. subsection (c). A petition certified insuffi- (c) Petitions. cient for lack of the required number of valid- signatures nay be amended once if (1) Number of signatures. Initiative and refer= the petitioners' committee files a notice of :endum petitlons must be signed by qual= ` intention to amend it with the clerk or other Pied ters of the village equal. in number ` official designated by the council within two to'~atTeast fifteen percent' (15%) of the total (2) days after receiving the copy of the cer- number of qualified voters registered to vote tificate and files a supplementary petition at the last regular village election. upon additional papers within ten (10) days (2) Form and content. All papers of a petition after receiving the copy of such certificate. shall be uniform in size and style and shall Such supplementary petition shall comply be assembled as one instrument for filing. with the requirements of subsections (2) and Each signature shall be executed in ink or (3) of Section 10(c), and within five (5) days indelible pencil -and shall be followed by after it is filed the clerk or other official the address of the person signing. Petitions designated by the council shall complete a shall contain or have attached thereto certificate as to the sufficiency of the peti- throughout their circulation the full text of tion as amended and promptly `send a copy the ordinance proposed or sought to be re- of such certificate to the petitioners' com- considered. mittee by registered mail as in the case of (3) Affidavit o f circulator. Each paper of a pe- an original petition. If a petition or amended tition shall have attached to it when filed petition is certified sufficient, or if a peti- tion or amended petition is certified insuf- an affidavit executed by the circulator ficient and the petitioners' committee does thereof stating that he personally circu- not elect to amend or request council re- lated the paper, the number of signatures view under subsection (2) of this section thereon, that all the signatures were af- fixed i~n his presence, that he believes them within the time required, the clerk or other to be the genuine signature of the:`persons - official designated by the council shall whose names they purport to be and that promptly present his certificate- to the each signer had an opportunity before council and the certificate shall then be a signing to read the full text of the ordi- final determination as to the sufficiency of the petition. nance proposed or sought to be reconsid- ered. (2) Council review. If a petition has been cer- (4) Time for ding referendum petitions. Refer- tified insufficient and the petitioners' com- endumpetitions must be filed within thirty mittee does not file notice of intention to (30) days after adoption by the council of amend it or if an amended petition has been the ordinance sought to be .reconsidered. certified insufficient, the committee may, . (d) Procedure for filing. within two (2) days after receiving the copy. of such certificate, file a request that it be (1) Certificate of clerk; amendment. Within reviewed by the council. The council shall' twenty (20). days .after the initiative, peti- review the certificate at its next meeting 9 1 Art. III, § 10 NORTH PALM BEACH CODE rF following the filing of such request and ap- (3) Withdrawal ofpetitions. An initiative or ref- . prove or disapprove it, and the council's de- erendum petition may be withdrawn at any termination shall then be a final determi- time prior to the fifteenth (15th) day pre- nation as to the sufficiency of -the petition. ceding the day scheduled for a vote of the village by filing with the village clerk or (e) Referendum petitions; .suspension of effect of other official designated by the council a ordinance. When a referendum petition is filed ~ request for withdrawal signed by at least with the village clerk or other official designated " four (4) members of the petitioners' com- by the council, the ordinance sought to be recon- ' mittee. Upon the filing of such request the sidered shall be suspended from taking effect. Such petition shall have no further force or effect suspension shall terminate when: and all proceedings thereon shall be termi- nated. (1) 'There is a final determination of insuffi- ciency of the petition; or; (g) Results of election. (2) The petitioners' committee withdraws the - (1) Initiative. If a majority of the qualified elec- petition, or; ~ tors voting on a proposed initiative ordi- (3) The council repeals the ordinance, or; nance vote-in its favor, it shall be consid- ered adopted upon certification of the (4) After a vote of the village on the ordinance election results and shall be treated in all has Been certified. respects in the same manner as ordinances of the same kind. adopted by the council. If (f) Action on petitions. conflicting ordinances are approved at the (1) Action-by council. When an initiative or ref- same election, the one receiving the greatest erendum petition has been finally deter- number of affirmative votes shall prevail mined sufficient,. the council shall promptly to the extent of such conflict. consider the proposed initiative ordinance (2) Referendum. If a majority of the qualified in the manner provided in Article III or electors voting on a referred ordinance vote reconsider the referred ordinance by voting against it, it shall be considered repealed - its repeal. If the. council fails to adopt a " upon certification of the election results. proposed initiative ordinance without any (Ord. No. 1-76, § 1, 2-19-76) change. in substance within sixty (60) days or fails to repea`1 the referred ordinance within thirty (30) days; it shall. submit the - Section 11. Sale of property; referendum re- _ proposed. or referred ordinance to the voters quired. of the. village. (a) Any disposition of village owned real prop- - (2) Submission to voters. The vote of the vil- erty dedicated or used for parks or recreational lags on a proposed or referred ordinance purposes within the corporate limits of the Vil- i shall be held not less than thirty (30) days lags of North Palm Beach; improvement of same and not later than sixty (60)' days from the by other than the village government by way of date .that the petition was. determined, suf- , placing structures thereon; any lease of said real ficient. If'no regular village election is to be property by the village as lessor for a period ex- ~ held within the period described in this sub- - ceeding five (5) years shall first require afour- section, the council shall provide for a spe- fifths majority vote of the members of the Village cial election; except that- the council may, Council and shall further require approval by vote in its discretion, provide for a special elec- of 66?f3 percent of the Village electors who vote in ~ tion at an earlier date within the described a referendum election called and held as provided - period. Copies of the proposed or referred by law. This section shall apply to real property ordinance shall be made available at the acquired by the Village subsequent to the date of - polls. adoption of this charter, which real property is € 10 CHARTER Art. IV, § 4 dedicated or used for parks or recreational pur- ARTICLE IV. ADMINISTRATIVE poses. (b) The limitation of .power to dispose of prop- Section 1. Village manager. erty shall embrace sale, exchange, lease, mort- gage, pledge, or other encumbrance of such real There shall be a village manager who shall be property; but shall not embrace abandonment, gift the chief administrative officer of the village. The or donation to a charity of such real property of- manager shall be responsible to the council for ficially determined to be of no further use to the the administration of all village affairs placed in Village and of nominal sale value or no value. his charge by or under this charter. (c) The parks or recreational property to which (Ord. No. 1-76, § 1, 2-19-76) this section presently applies are depicted on the map of the Village attached hereto and shown by Section 2. Appointment; removal; compen~a- crosshatchingthereon, together with the following tion [of manager]. descriptions for the crosshatched areas: North Palm Beach Community Center and Park, An- (a) Appointment. The council shall appoint a vil- chorage Park, Lakeside Park, Osborne Park, lage manager for an indefinite term by a majority North Palm Beach Country Club, Village Marina vote of all the council members. and Herb Watt Recreational Center. (d) This section shall not apply to any strut- (b) Removal. The council may remove the man- tures on or upon Village owned real property that ager by a majority vote of all the council members exist as of the date of adoption of this Charter and the manager shall hold office at the pleasure Amendment; no [nor] shall this section apply to of the council. the repair or reconstruction of any such existing structures; except that this section shall apply to (c) Compensation. The compensation of the man- such structures in the event that said existing ager shall be fixed by the council. structures shall be abandoned or officially deter- (Ord. No. 1-76, § 1, 2-19-76) mined to be of no further use to the Village. (e) This section shall not apply to any disposi- Section 3. Vacancy [in office of manager]. tion of Village owned real property, any improve- ment ofsame byway of placing structures thereon, During any vacancy in the office of village man- or any lease of said real property by the Village if ager, the council may designate any competent the same is required by State or Federal law, or if Person, except the mayor or any member of the required by mandate of any agency or subdivision council, to execute the functions of the office of or the State or Federal Government with jurisdic- village manager. tion over the Village. (Ord. No. 1-76, § 1, 2-19-76) (f) This section shall not apply to the construc- - tion of public utility structures, nor the place- Section 4. Acting village manager. ment of underground utility structures including, By letter filed with the council, the manager but not limited to, water mains, sewer lines, storm water drainage and other utilities. shall designate, subject to approval of the council, a qualified village administrative officer to exer- (g) This section shall not apply to the construc- cise the powers and perform the duties of man- tion of structures deemed necessary by the Vil- ager during his temporary absence or disability. . lage for public recreational purposes on Village During such absence or disability, the council may owned real property on which public recreational revoke such designation at any time and appoint structures exist as of the date of adoption of this another officer of the village to serve until the Charter Amendment. manager shall return or his disability shall cease. (Ord. No. 11-86, § 1, 9-11-86) (Ord. No. 1-76, § 1, 2-19-76) 11 i Art. IV, § 5 NORTH PALM BEACH CODE Section 5. Powers and duties of the village (j) Perform such other duties as are specified manager. in this charter or may be required by the The Village Manager shall: council. (a) Appoint, and when he deems it necessary (Ord. No. 1-76, § 1, 2-19-76) for the good of the vi~Ilage, suspend or re- move all village employees and appointive Section. 6. Country club administrator. administrative officers provided for by or The council shall have the power by ordinance under this charter, except as otherwise pro- to provide for the management and/or adminis- vided bylaw, this charter or personnel rules tration of any village owned or operated country adopted pursuant to this charter. He may club and its related activities, in whole or in part, authorize any administrative officer who is separate from the office of the Village Manager ' subject to his direction and supervision to and to specify the authority, if any, that the Vil- e' exercise these powers with respect to sub- lage Manager shall have over employment, man- ordinates in that officer's department, of- agement, administration or other matters in any fice or agency; way connected with the operation of any village (b) Direct and supervise the administration of owned or operated country club. all departments, offices and agencies of the (Ord. No. 1-76, § 1, 2-19-76) village, except as otherwise provided by this charter or by law; Section 7. Village clerk. (c) Attend all council meetings and shall have There shall be a Village Clerk who shall be the right to take part in discussion but may responsible to the council for the proper adminis- not vote; tration of all affairs of the village coming under 4 (d) See that all laws, provisions of this charter his control and to that end his powers and duties and acts of the council, subject to enforce- are and shall be:' ment by him or by officers subject to his (a) To attend all official meetings of the council direction and supervision, are faithfully ex- in person or by deputy and keep minutes of ecuted; its proceedings, which, after being approved, (e) Prepare and submit the annual budget, shall beengrossed in awell-bound book and budget message, and capital program to the signed by the Village Clerk. council in a form provided by ordinance; (b} To be the custodian of the Village Seal and (f) Submit to the council and make available of all records and papers of a general or to the public a complete report on the fi.- permanent character pertaining to the af- nances and administrative activities of the fairs of the municipality. village as of the end of each fiscal year; (c) [Text omitted]. (g) Make such other reports as the council may Editor's note-Subparagraph (c), dealing with the clerk's function as clerk of the municipal court, has been omitted require concerning the operations of vil- since the court was abolished pursuant to article V, § 20(d)(4) lage departments, offices and agencies, sub- of the state constitution. ject to his direction and supervision; (d) To attest all executory contracts made in (h) Keep the council fully advised as to the fi- behalf of the village as evidence of the au- nancial condition and future needs of the thorization of such contracts by the council; village and make such recommendations to and no executory contracts made in behalf the council concerning the affairs of the vil- of the village or to which the village is a lage as he deems desirable; party shall be. valid unless attested by the (i) Sign contracts on behalf of the village pur- Village Clerk. suant to the provisions of appropriations (e) To preserve, file and index all contracts to ] ordinances; which the village is a party, which file and 12 f CHARTER Art. V, § 6 record shall be open to the inspection of all choice or with a lever opposite "for approval" or . interested persons at all reasonable times. "against approval" if voting machines axe used. (f) To furnish the council at any time such re- (Ord. No. 1-76, § 1, 2-19-76) ports, data and information as maybe nec- essary to fully inform it as to the affairs of Section 4. General and runoff election. the village, furnishing it regularly with such detailed reports of the village govern- Whenever a general or special election is held ment as may be necessary. to fill any elective office in the Village of North (Ord. No. 1-76, § 1, 2-19-76) Palm Beach, the candidate receiving a majority of the votes cast at such election to fill such office shall be declared to be duly elected; provided that ARTICLE V. QUALIFICATIONS AND in the event no candidate for a particular elective ELECTIONS office shall receive a majority of the votes cast at such election to fill such office, then a runoff elec- tion shall be held two weeks after the original Section 1. Nonpartisan elections. election to elect a candidate to fill such office; pro- All qualifications and elections for the office of vided further that in such event only the names of village councilman shall be conducted on a non- the two candidates having received the greatest partisan basis without regard for or designation number of votes in the election for such office shall of political party affiliation of any nominee on be submitted to the voters and the one receiving any nomination petition or ballot. the majority number of votes in such runoff elec- (Ord. No. 1-76, § 1, 2-19-76) tion shall be declared to be duly elected to such office; provided further that should two or more candidates receive an equal number of votes to Section 2. Qualifications. any such office, so that it cannot be determined Candidates for the office of village councilman which two had received the greatest and the next shall qualify for such office by the filing of a greatest number of votes, then the .names of all written notice of candidacy with the designated such candidates shall be submitted at the runoff official at such time and in such manner as may election and the candidate receiving the greatest be prescribed by ordinance. number of votes at such election shall be declared (Ord. No. 1-76, § 1, 2-19-76) elected to such office, regardless of whether such candidate received a majority of the votes cast to Section 3. Form of ballots. fill such office at such runoff election. (Ord. No. 1-76, § 1, 2-19-76) The council by ordinance shall prescribe the form of ballot including the method for listing can- didates for village council elections and any other Section 5. Unopposed candidates. village election. A charter amendment to be voted In the event not more than one (1) person qual- on by the village shall be presented for voting by ified as a candidate for a designated seat on the ballot title. The ballot title of a measure may differ village council to be filled at an election, that seat from its legal title and shall be a clear, concise shall not be listed on the regular village election statement describing the substance of the mea- ballot. Each unopposed candidate shall be deemed sure without argument or prejudice. Below the to have voted for himself. ballot title shall appear the following question: (Ord. No. 1-76, § 1, 2-19-76) "Shall the above described amendment be adopted?" Immediately below such question shall appear, in the following order, the words "for Section 6. Recall. approval" and also the words "against approval" . - with a sufficient blank space thereafter for the The qualified voters of the village shall have placing of the symbol "X" to indicate the voter's the power to recall and to remove from office any 13 6 Art. V, § 6 NORTH PALM BEACH CODE - elected official of the village as provided by gen- unconstitutionality shall not affect any other sec- eral law. tions or provisions of this Charter or the applica- (Ord. No. 1-76, § 1, 2-19-76) tion of such sections or provisions as to any other situation and it is intended that this Charter shall be construed and applied as if such unconstitu- ARTICLE VI. TRAI~ISITION SCHEDULE tional section or provision had not been included herein. Section 1. Continuation of former charter (Ord. No. 1-76, § 1, 2-19-76) provisions. Section 6. Deletion of obsolete schedule All provisions of Chapter 31481, Laws of Florida, items. Extraordinary Session 1956, (the former charter) as amended by special law or otherwise which are The council shall have power, by resolution, to not embraced herein and which are not inconsis- delete from this article VI any section, including tent with this charter shall become ordinances of this one, when all events to which the section to the village subject to modification or repeal in the be deleted is or could become applicable have oc- same manner as other ordinances of the village. curred. (Ord. No. 1-76, § 1, 2-19-76) (Ord. No. 1-76, § 1, 2-19-76) Section 2. Ordinances preserved. All ordinances in effect upon the adoption of this charter, to the extent not inconsistent with it, shall remain iri force until repealed or changed as provided herein. (Ord. No. 1-76, § 1, 2-19-76) Section 3. Rights of officers and employees. Nothing in this charter except as otherwise spe- cifically provided shall affect or impair the rights or privileges of persons who are village officers or employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the duties thereof until their successors are _ _ elected. (Ord. No. 1-76, § 1, 2-19-76) Section 4. Pending matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the village shall continue except as modified pursuant to the provisions of this charter. (Ord. No. 1-76, § 1, 2-19-76) Section 5. Miscellaneous provisions. In case any one or more of the sections or pro- visions of this Charter or the application of such sections or provisions to any situation shall for any reason be held to be unconstitutional, such [The next page is 65] 14 I . C~IAR,TER COMPARATIVE TABLE Chapter Disposition Number Section Article/Section 31481 (1956) Art. I I 73-564 1 II 1 Ordinance Disposition Number Date Section Article/Section 29-80 10- 9-80 1 III 2 11-86 9-11-86 1 III 11 03-95 2- 9-95 II 1 24-96 7-11-96 II 1 33-96 8 22-96 II 1 20-99 5-27-99 1 II 1 [The next page is 77] Supp. No. 18 65 i (t/\ GENERAL PROVISIONS § 1-8 to revive such former ordinance, clause or provi- (c) In the event a new section not heretofore sion of this Code, unless it shall be expressly so existing in the Code is to be added, the following provided. language shall be used: "That the Village of North Palm Beach Code is hereby amended by adding a The repeal of an ordinance, clause or section of new section to be numbered Section , this Code shall not affect any punishment or which said Section shall read as follows: penalty incurred before the repeal took effect, nor The new section shall then be set out in full. any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under (d) All sections, articles, chapters or provisions the ordinance, clause or section of this Code desired to be repealed shall be specifically re- repealed. pealed by section, article or chapter number in (Code 1970, § 1-5) the following language: "That Section (Chapter or Article) of the Village of Sec. 1-5. Severability of parts. North Palm Beach Code is hereby repealed." (Code 1970, § 1-7) If any phrase, clause, sentence, paragraph, section or subsection of this Code shall be de- clared unconstitutional or invalid by a court of Sec. 1-7. Altering Code. competent jurisdiction, such unconstitutionality No person in the village shall change or amend, or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections by additions or deletions, any part or portion of or subsections of this Code. this Code, or insert or delete pages, or portions (Code 1970, § 1-6) thereof, or alter or tamper with such Code in any manner whatsoever which will cause the law of the village to be misrepresented thereby. Sec. 1-6. Amendments to Code. (Code 1970, § 1-8) (a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect Sec. 1-S. General penalty; continuing viola- any section or subsection of this Code, shall be tions. numbered consecutively, but shall refer specifi- cally to the section or subsection affected, and (a) Whenever in this Code any act is prohib- printed for inclusion therein. When subsequent ited or is made or declared to be unlawful or an ordinances repeal any chapter, section or subset- offense, or whenever the doing of any act is tion or any portion thereof, such repealed portions required or the failure to do any act is declared to shall be excluded from said Code by omission be unlawful, where no specific penalty is provided from reprinted pages. The subsequent ordinances, therefore, the violation of any such provision of as numbered and printed, or omitted in the case this Code shall be punished by a fine not exceed- of repeal, shall be prima facie evidence of such ing five hundred dollars ($500.00) or imprison- subsequent ordinances until such time as this ment for a term not exceeding sixty (60) days, or Code and subsequent ordinances numbered or by both such fine and imprisonment. omitted are readopted as a new code by the village council. (b) Each day a violation of any provision of this Code shall continue shall constitute a separate (b) Amendments to any of the provisions of offense, and each act in violation of the provisions this Code shall be made by amending such provi- of this Code shall be considered a separate and . sions by specific reference to the section number distinct offense. of this Code in the following language: "That Section of the Village of North Palm (c) In addition to the penalties herein pro- Beach Code is hereby amended to read as follows: vided, any condition caused or permitted to exist The new provisions shall then be set out in in violation of any of the provisions of this Code full. shall be deemed a public nuisance and may be Supp. No. 21 81 § 1-8 NORTH PALM BEACH CODE abated by the village, as provided by law, and enforcement officers and support personnel, pro- each day that such condition continues shall be vided such education degree programs and train- regarded as a new and separate offense. ing courses are approved by the public safety (d) Zoning, buildings, etc.: director of the village. Workshops, meetings, con- ferences, and conventions shall be individually (1) The village council shall provide for the approved by the public safety director of the enforcement of a zoning ordinance en- village prior to attendance. acted pursuant to this part. Each day (Ord. No. 8-81, § 1, 8-27-81; Ord. No. 21-94, § 1, such offense continues after written no- 10-27-94) tice shall be deemed a separate offense. Cross references-Offenses, Ch. 19; police, Ch. 23. (2) Incase any building or structure is erected, constructed, reconstructed, altered, re- paired or maintained or any building, structure, land or water is used in viola- tion of this Code or any ordinance or other regulation made under authority con- ferred hereby, the proper local authori- ties, in addition to other remedies, may institute any appropriate action or pro- ceedings in a civil action in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, re- pair, conversion, maintenance or use, and to restrain, correct or abate such viola- tion, to prevent the occupancy of such building, structure, land or water, and to prevent any illegal act, conduct of busi- ness, or use in or about such premises. (Code 1970, § 1-9; Ord. No. 1-77, § 1, 1-13-77; Ord. No. 4-86, § 5, 4-24-86; Ord. No. 35-2000, § 1, 11-9-00) Sec. 1-9. Assessment of additional court costs for criminal justice education ex- penditures. (a) The county court shall assess the addi- tional sum of two dollars ($2.00) pursuant to Florida Statute section 943.25 (13) as a court cost against every person convicted for violation of an ordinance of the village and violation of a state penal or criminal statute within the incorporated limits of the Village of North Palm Beach and bond estreature and forfeited bail bond related thereto. There shall not be an assessment as to an ordinance relating to the parking of vehicles. (b) All court costs assessed and collected pur- suant to this section shall be utilized for criminal justice education degree programs and training courses, including basic recruit training, for law [The next page is 133] Supp. No. 21 $2 Chapter 2 ADMINISTRATION* 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. Reserved, 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, 2-11b-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 Employ- ees, 2-146-2-158 Div 4. Pension and Certain Other Benefits for Fire and Police Employees, 2-159-2-170 Div 5. Length of Service Award Plan for Volunteer Firefighters, 2-170.01-2-170.11 Art. VI. Code Enforcement Board, 2-171 8-180 *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. 23 133 1 S ADMINISTRATION § 2-166 shall have the same rights as each of the other Sec. 2-165. Reserved. four (4) members appointed or elected as herein Editor's note-Section 7 of Ord. No. 1-92, adopted Feb. provided. The trustees shall by majority vote elect 13, 1992, repealed former § 2-165, relative to additional rules from its members a chairman and a secretary. and regulations, which derived from Ord. No. 9-82, § 7, The secretary of the board shall keep a complete adopted June 10, 1982. minute book of the actions, proceedings, or hear- ings of the board. The trustees shall not receive Sec. 2-166. Same-Power and authority. any compensation as such, but may receive ex- penses and per diem as provided by law. The board shall be the administrator of the (b) For feiture of membership on board for ab- system and, as such, it shall be solely responsible senteeism. In the event a member of the board for administering the pension fund. The board shall fail to attend three (3) consecutive regular shall have the power and authority: meetings of the board, such member shall be (1) To invest and reinvest the assets of the deemed to forfeit membership on the board and pension fund in: shall, at the conclusion of the third such meeting, no longer be a member of the board. Such indi- a. Time or savings accounts of a na- vidual shall not thereafter be eligible for reap- tional bank, a state bank insured by pointment or election to the board for a period of the Federal Deposit Insurance Cor- two (2) years. Any absence maybe excused by the poration, or a savings, building and board upon a showing that there existed justifi- loan association insured by the Fed- able reasons for the absence. eral Deposit Insurance Corporation. (c) Report and records. The secretary of the b. Obligations of the United States or board shall keep, or cause to be kept in convenient obligations guaranteed as to princi- form, such data as shall be necessary for an pal and interest by the Government actuarial valuation of the assets and liabilities of of the United States. the system. The fiscal year for the keeping of c. Bonds, stocks, or any other evi- records and rendering reports shall be from Octo- ber 1 through September 30. dences of indebtedness issued or guar- (d) Board meetings. The board shall meet at anteed by a corporation organized least quarterly each year. All board meetings under the laws of the United States, shall be held at village hall. At any meeting of the any state or organized territory of board, three (3) trustees shall constitute aquo- the United States, or the District of Columbia, provided: rum. Any and all acts and decisions shall be by at least three (3) members of the board; however, no 1. The corporation is listed on any trustee shall take part in any action in connection one (1) or more of the recog- with his or her own participation in the plan, and nized national stock exchanges no unfair discrimination shall be shown to any and holds a rating in one of the individual participating in the plan. three (3) highest classifications (e) Power to bring and defend lawsuits. The by a major rating service; and board shall be a legal entity with, in addition to 2. The board shall not invest more other powers and responsibilities contained herein, than five (5) percent of its as- the power to bring and defend lawsuits of every sets in the common stock, cap- kind, nature and description. The board shall be ital stock, bonds or indebted- independent of the village to the extent required ness of any one (1) issuing to accomplish the intent, requirements, and re- company, nor shall the aggre- sponsibilities provided for in this article and ap- gate investment in any one (1) plicable law. issuing company exceed five (5) (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1, percent of the outstanding cap- 9-10-87; Ord. No. 1-92, § 6, 2-13-92; Ord. No. ital stock of that company, nor 22-98, § 1, 9-24-98; Ord. No. 06-2002, § 3, 2-28-02) shall the aggregate of its invest- Supp. No. 24 157 i § 2-166 NORTH PALM BEACH CODE ments in equities at cost exceed Sec. 2-167. Tax on insurers. sixty (60) percent of the pen- sion fund's assets. (a) There is hereby levied and imposed an excise tax upon every insurance company, corpo- (2) To issue drafts upon the pension fund ration or other insurer insuring loss against fire, pursuant to this article and rules and tornado or windstorm or engaged in the business regulations prescribed by the board. All of casualty insurance. Such excise tax shall be in such drafts shall be consecutively num- an amount equal to the rate specified in Chapter bered, be signed by the chairman and 175, Florida Statutes, multiplied by the gross secretary or their designee, and state upon receipts of premiums from holders of insurance their faces the purpose for which the policies of fire and windstorm insurance, and the drafts are drawn. The village finance di- rate specified in Chapter 185, Florida Statutes, rector or other depository of the village multiplied by the gross receipts of premiums from shall retain such drafts when paid, as holders of insurance policies of casualty insur- permanent vouchers for disbursements ante. All such policies shall be upon property made, and no money shall be otherwise within the corporate limits of the village. Such drawn from the pension fund. excise tax shall be in addition to any and all excise (3) To finally decide all claims to relief under taxes or license now levied or required by the this article and under the board's rules village. and regulations. (b) The proceeds of monies received under this (4) To convert into cash any securities of the excise tax shall be received annually from the pension fund. State of Florida by the village and shall be depos- (5) To keep a complete record of all receipts ited to the pension fund no more than five (5) days and disbursements and of the board's acts after receipt. and proceedings. (Ord. No. 1-92, 9, 10, 2-13-92) (6) To recommend an increase or decrease in Editor's note-Section 9 of Ord. No. 1-92, adopted Feb. 13, 1992, repealed former § 2-167, and § 10 of the ordinance the benefits payable hereunder, through enacted a new § 2-167 in lieu thereof. The repealed provisions the adaptlori of an amendment to this pertained to oaths of office, meetings and quorums of the article, but provided such action is based board, and deizved from Ord. No. 9-82, § 9, adopted June 10, on an actuarial review by an enrolled 1982. actuary who is a member of the Society of Actuaries. Sec. 2-168. Repeal or termination of plan. (7) To retain, at least once every three (3) (a) This plan and subsequent amendments per- years, an independent consultant profes- taining to said plan, may be modified, terminated, sionally-qualifled to evaluate the perfor- or amended, in whole or in part by the employer; mance of professional money managers. provided that if this plan shall be amended or The independent consultant shall make repealed in its application to any person benefit- recommendations to the board regarding ing hereunder, the amount of benefits which at the selection of money managers for the the time of any such alteration, amendment, or next investment term. These recommen- repeal shall have accrued to the member or ben- dations shall be considered by the board eficiary shall not be affected thereby, except to the at its next regularly scheduled meeting. extent that the assets of the fund may be deter- The date, time, place and subject of this mined to be inadequate. meeting shall be advertised in a newspa- per of general circulation in the munici- (b) If this plan shall be repealed, or if contri- pality at least ten (10) days prior to the butions to the plan are discontinued, the board date of the hearing. shall continue to administer the plan in accor- (Ord. No. 9-82, § 8, 6-10-82; Ord. No. 12-85, 1, dance with the provisions of this plan, for the sole benefit of the then members, beneficiaries then 2, 7-11-85; Ord. No. 1-92, § 8, 2-13-92; Ord. No. 08-2001, § 2, 4-12-01) receiving retirement allowances, and any persons Supp. No. 24 158 C I ADMINISTRATION § 2-169 who would in the future be entitled to receive the plan, such excess shall be divided proportion- benefits under one (1) of the options provided for ately to the total contributions made by the vil- in this plan who are designated by any of said lage and the state. members. In the event of repeal, or if contribu- tions to the plan are discontinued, there shall be (e) The allocation of the fund provided for in full vesting one hundred (100) percent of benefits this subsection may, as decided by the board, be accrued to date of repeal and the assets of the carried out through the purchase of insurance plan shall be allocated in an equitable manner to company contracts to provide the benefits deter- provide benefits on a proportionate basis to the mined in accordance with this subsection. The persons so entitled to benefits in accordance with fund may be distributed in one (1) sum to the the provisions hereof. persons entitled to such benefits or the distribu- tion may be carried out in such other equitable (c) The following shall be the order of priority manner as the board may direct. The trust maybe for purposes of allocating the assets of the plan continued in existence for purposes of subsequent upon repeal of this plan or if contributions to the distributions. plan are discontinued: (Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-82, § 2, (1) Members already retired under the retire- 11-18-82; Ord. No. 1-92, § 11, 2-13-92) went provisions of the plan and those eligible for normal or early retirement but Sec. 2-169. Miscellaneous. not actually retired, and their beneficia- (a) Discharged members. Members entitled to ries, in proportion to and to the extent of a pension shall not forfeit the same upon dis- the then actuarially determined present missal from the employer, but shall be retired as value of the benefits payable. If any funds herein described. remain, then (2) Members who have at least ten (10) years (b) Non-assignability. No benefit provided for herein shall be pledgable, assignable or subject to of credited service, in proportion to and to garnishment for debt or for other legal process. the extent of the then actuarially deter- mined present value of their accrued ben- (c) Pension validity. The board of trustees shall efits. If any funds remain, then have the power to examine into the facts upon (3) The accumulated contributions of the ac- v'hich any pension shall heretofore have been true members less any benefits received, granted under any prior or existing law, or shall and less amounts apportioned in (2) and hereafter be granted or obtained erroneously, (3) above, in proportion to and to the fraudulently, or illegally for any reason. The board extent of the then amount of such accu- is empowered to purge the pension roll of any mulated contributions. If any funds re- person theretofore granted a pension under prior main, then or existing law or hereafter granted under this plan if the same is found to be erroneous, fraud- (4) All other members whose present value of ulent or illegal for any reason; and to reclassify accrued benefits have not been covered in any pensioner who has heretofore under any prior a previous category in the same manner or existing law or who shall hereafter under this as in (2). plan be erroneously, improperly or illegally clas- sified. (d) After all the vested and accrued benefits provided hereunder have been paid and after all (d) Incompetents. If any member or beneficiary other liabilities have been satisfied, then and only is a minor or is, in the judgment of the board, then shall any remaining funds revert to the otherwise incapable of personally receiving and ' general fund of the village, less return of state's giving a valid receipt for any payment due him contributions to the state, provided that, if the under the plan, the board may, unless and until excess is less than the total contributions made by claims shall have been made by a duly appointed the village and the state to date of termination of guardian or committee of such person, make such Supp. No. 20 158.1 i § 2-169 NORTH PALM BEACH CODE a ent or an art thereof to such erson's trar that would otherwise limit a disti-ibutee's PYm Yp p Y spouse, children, trust or other person deemed by election under this section, a distributee may the board to have incurred expenses- or assumed elect, at the time and in the manner prescribed by responsibility for the expenses of such person. the board, to have any portion of an eligible Any payment so made shall be a complete dis- retirement plan specified by the distributee in a charge of any liability under the plan for such direct rollover. payment. (e) Number and gender. When appropriate the (2) Definitions. singular in this plan shall include the plural and (A) The term "Code" used herein refers to the vice versa, and the masculine shall include the Internal Revenue Code of the United feminine and vice versa. States. (f) False or misleading statements made to (B) Eligible rollover distribution: An eligible obtain retirement benefits prohibited. rollover distribution is any distribution of (1) It is unlawful for a person to willfully and all or any portion of the balance to the knowingly make, or cause to be made, or credit of the distributee, except that an to assist, conspire with, or urge another to eligible rollover distribution does not in- make, or cause to be made, any false, clude: any distribution that is one of a fraudulent, or misleading oral or written series of substantially equal periodic pay- statement or withhold or conceal material mens (not less frequently than annually) information to obtain any benefit under made for the life (or life expectancy) of the this plan. distributee or the joint lives (or joint life (2) a. Aperson who violates subsection (f)(1) expectancies of the distributee and the of this section commits a misde- distributee's designated beneficiary, or for meanor of the first degree, punish- a specified period of ten (10) years or able as provided in F.S. section more; any distribution to the extent such 775.082 or 775.083. distribution is required under Section 401(a)(9) of the Code; and the portion of b. In addition to any applicable crimi- any distribution that is not includable in nal penalty, upon conviction fora gross income. violation described in subsection (f)(2)a. of this section participant or (C) Eligible retirement plan: An eligible retire- beneficiary of this plan may, in the ment plan is an individual retirement discretion of the board of trustees, be account described in Section 408(a) of the required to forfeit the right to re- Code, an individual retirement annuity ceive -any or all benefits to which the described in Section 408(b) of the Code, an person would otherwise be entitled annuity plan described in Section 403(a) under this plan. For purposes of this of the Code, or a qualified trust described subsection (f)(2)b., "conviction" means in Section 401(a) of the Code, that accepts ~ a determination of guilt that is the the distributee's eligible rollover distribu- result of a plea or tizal, regardless of tion. However, in the case of an eligible whether adjudication is withheld. rollover distribution to the surviving (Ord. No. 9-82, § 11, 6-10-82; Ord. No. 1-92, § 12, spouse, an eligible retirement plan is an 2-13-92; Ord. No. 20-2000, § 4, 8-10-00) individual retirement account or individ- ual retirement annuity. Sec. 2-170. Direct transfers of eligible rollover distribution. (D) Distributee: A distributee includes an em- ployee or former employee. In addition, (1) General. This section applies to distribu- the employee's or former employee's sur- tions made on or after January 1, 1993. Notwith- viving spouse is a distributee with regard standing any provision of the system to the con- to the interest of the spouse. Supp. No. 20 158.2 i I ADMINISTRATION § 2-170.7 (E) Direct rollover: A direct rollover is a pay- (4) Completed the sponsor's required proba- ment by the plan to the eligible retire- tionary period. went plan specified by the distributee. (Ord. No. 16-91, § 5, 4-11-91) (Ord. No. 15-95, § 1, 5-11-95) Sec. 2-170.5. Entitlement age. DIVISION 5. LENGTH OF SERVICE AWARD The entitlement age is the age that members PLAN FOR VOLUNTEER FIREFIGHTERSx will begin receiving their monthly retirement benefit. Age sixty-five (65) with one (1) year of Sec. 2-170.01. Purpose. plan participation is generally utilized; however, The purpose of this plan is to award and service and participation requirements may be provide retirement income for active members of included. Entitlement age is sixty (60) with one the volunteer firefighters of the village in recog- (1) year of plan participation. nition of their years of dedicated community ser- (Ord. No. 16-91, § 6, 4-11-91) vice:.. (Ord. No. 16-91, § 1, 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 North Palm Beach. dollars ($10.00) per month for year of past (Ord. No. 16-91, § 2, 4-11-91) service for currently enrolled members of the volunteer firefighters. Eight (8) is the Sec. 2-170.2. Name of plan. maximum 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 (Ord. No. 16-91, § 3, 4-11-91) dollars ($10.00) per month for each year of future service. Sec. 2-170.3. Effective date of plan. (3) Maximum monthly benefit. The maxi- The effective date of the plan shall be May 1, mum monthly benefit a member can re- 1990. ceive at the entitlement age is three hun- (Ord. No. 16-91, § 4, 4-11-91) Bred dollars ($300.00). (4) Minimum monthly benefit. The minimum Sec..2-170.4. Eligibility to enter plan. monthly benefit a member can receive if Members, as defined herein, means volunteer the member remains active in the plan firefighters duly recognized and enrolled as vol- until the designated entitlement age is unteer firefighters with the village. All members fifty dollars ($50.00). must meet each of the following requirements (Ord. No. 16-91, § 7, 4-11-91) before participating in the plan: (1) Minimum age, eighteen (18). Sec. 2-170.7. Preretirement death benefit. (2) Maxim»m age, sixty (60). The preretirement death benefit is the death benefit payable if a member dies before entitle- (3) Completed one (1) year of active service ment age while still active in the plan. The with the sponsor. amount payable is the greater of the face amount *Editor's note-Ordinance No. 16-91, adopted April 11, of the life insurance or the member's accrued 1991, did not specifically amend this Code; hence, inclusion of benefit: 1-12 as Art. V, Div 5, 2-170.01-2-170.11, was at the discretion of the editor. (1) Face amount of the life insurance, thirty Cross reference-Fire division, § 12-29 et seq. thousand dollars ($30,000.00). Supp. No. 24 158.3 § 2-170.7 NORTH PALM BEACH CODE (2) Payment mode, annual. fare of the citizens of the village and to provide an (Ord. No. 16-91, § 8, 4-11-91) equitable, expeditious, effective and inexpensive method of enforcing the hereinafter described Sec. 2-170.8. Vesting provisions. codes and ordinances of the village where a pend- The vesting is based on years of credited ser- ing or repeated violation continues to exist. vice and the following schedule: (Ord. No. 19-79, § 1, 9-17-79; Ord. No. 9-80, § 2, 4-24-80; Ord. No. 16-82, Art. 1, 9-9-82; Ord. No. Years of Service Vested Percentage 2-86, § 1, 3-27-86) Less than 4 0 4 40 Sec. 2-172. Definitions. 5 50 The following words, terms and phrases, when 6 60 used in this article, shall have the meanings 7 70 ascribed to them in this section, except where the 8 80 context clearly indicates a different meaning: 9 90 Ten (10) or more 100 Attorney. Attorney for the village who will (Ord. No. 16-91, § 9, 4-11-91) advise the code enforcement board of legal rules Sec. 2-170.9. Village contributions.. or give other legal assistance as required. So long as this system is in effect, the village Code inspector. Those authorized agents or shall make a yearly contribution to the plan equal employees of the village whose duty it is to insure to the cost for the year by the most recent actu- code compliance with the codes referred to above, arial valuation. including, but not limited to, the village manager, (Ord. No. 16-91, § 10, 4-11-91) building official, director of public safety, and finance director. Sec. 2-170.10. Trustee and contact person. The village finance director will act as trustee Enforcement board. The Village of North Palm Beach Code Enforcement Board. and contact person and will be responsible for contacting the agent or agency administrating the Repeat violation means a violation of a provi- plan regarding changes and modifications to the Sion of a code or ordinance by a person who has plan. been previously found through a code enforce- (Ord. No. 16-91, § 11, 4-11-91) went board or any other quasi judicial or judicial Sec. 2-170.11. Point system. process, to have violated or who has admitted violating the same provision within five (5) years A minimum of fifty (50) points is needed to earn prior to the violation, notwithstanding the viola- a year of credited service. The point system that tions occur at different locations. can be earned by volunteer firefighters is set forth (Ord. No. 19-79, § 3, 9-27-79; Ord. No. 9-80, § 4, in Exhibit A attached to Ordinance No. 16-91 and 4-24-80; Ord. No. 16-82, Art. II, 9-9-82; Ord. No. made a part of this division. 8-90, § 1, 4-12-90; Ord. No. 04-2000, § 1, 2-10-00) (Ord. No. 16-91, § 12, 4-11-91) Editor's note-E~hibitA, attached to Ord. No. 16-91 from which this division deiwes, is not printed herein, but is on file SeC. 2-173. Applicability. and available for reference in the offices of the village. The code enforcement board shall enforce and have jurisdiction of the following codes: ARTICLE VI. CODE ENFORCEMENT Chapter 4, Village of North Palm Beach BOARD Code, containing the animals and fowl code. Sec. 2-171. Declaration of legislative intent. Chapter 5, Village of North Palm Beach It is the intent of this article to promote, Code, containing the docks and waterways protect and improve the health, safety and wel- code. Sapp. No. 24 158.4 ADMINISTRATION § 2-174 Chapter 6, Village of North Palm Beach Code, including the building code, the gas code, the mechanical code, the plumbing code, the appearance code and Appendix A, appearance plan, and the sign code. Chapter 7, Village of North Palm Beach Code, containing the bulkhead lines code. Chapter 12, Village of North Palm Beach Code, including the fire prevention code. Chapter 14, Village of North Palm Beach Code, containing the health and sanitation code. - Chapter 15, Village of North Palm Beach Code, containing the housing code. Chapter 17, Village of North Palm Beach Code, containing the occupational license code. Section 18-35 only of Chapter 18 Chapter 19, Village of North .Palm Beach Code, containing the noise control code. Chapter 24, Village of North Palm Beach Code, containing the streets, sidewalks and driveways code. Chapter 25, Village of North Palm Beach Code, containing the swimming pool code. Chapter 27, Village of North Palm Beach Code, containing the trees and shrubbery code, including landscaping of yards and parking lots. Chapter 28, Village of North Palm Beach _ Code, containing the franchise ordinance for the use of the village rights-of--way for utilities. Chapter 36, Village of North Palm Beach Code, containing the subdivision code. Chapter 45, Village of North Palm Beach Code, containing the zoning code. (Ord. No. 19-79, § 2, 9-27-79; Ord. No. 25-79, § 1, 12-13-79; Ord. No. 9-80, § 3, 4-24-80; Ord. No. 15-86, § 2, 10-9-86; Ord. No. 23-2002, § 1, 7-11-02) Sec. 2-174. Organization of board. (a) Qualifications and terms. The village coun- cil shall appoint aseven-member code enforce- Supp. No. 24 159 I �� C I i i ADMINISTRATION § 2-175 ment board and legal counsel for the board. The expenses, mileage expenses, and per diem ex- members shall have the following qualifications penses as may be authorized by the village coun- and terms of office: cil. (1) Members of the enforcement board shall (c) Attorney. The village attorney shall be coun- be residents of the village. Appointments sel to the code enforcement board. shall be made by the village council on the (Ord. No. 19-79, § 4, 9-27-79; Ord. No. 9-80, § 5, basis of experience of interest in the fields 4-24-80; Ord. No. 16-82, Art. III, 9-9-82; Ord. No. of zoning and building control. The mem- 8-g0, § 3, 4-12-90; Ord. No. 17-91, § 1, 4-25-91) bership of the enforcement board shall, whenever possible, include: See. 2-175. Enforcement procedure. a. An architect; (a) It shall be the duty of the code inspector to b. A businessman; initiate enforcement proceedings of the various c. An engineer; codes. No member of a board shall have the power to initiate such enforcement proceedings. d. A general contractor; e. A subcontractor; (b) If a violation of the codes is found, the code inspector shall notify the violator, unless para- £ A realtor; graph (c) of this section applies, and give the g. No particular profession. violator a reasonable time to correct the violation. Should the violation continue beyond the time (2) In order that the terms of office of all specified for correction, the code inspector shall members will not expire at the same time, notify the enforcement board and request ahear- the initial appointments to the enforce- ing pursuant to the procedure in section 2-176. went board shall be as follows: The code enforcement board, through its clerical a. Two (2) members shall be appointed staff, shall schedule a hearing and written notice for a term of one (1) year; of such hearing shall be hand delivered or mailed b. Three (3) members shall be ap- as provided in section 2-181 to said violator. At pointed for a term of two (2) years; the option of the code enforcement board, notice may additionally be served by publication or c. Two (2) members shall be appointed posting as provided in section 2-181. If the viola- for aterm of three (3) years. tioii is corrected and then recurs or if the violation is not corrected by the time specified for correc- Thereafter, all appointments shall be made fora tion by the code inspector, the case may be pre- term of three (3) years. Appointments to fill any sented to the enforcement board even if the vio- vacancy on the enforcement board shall be for the lationhas been corrected prior to the board hearing, remainder of the unexpired term of office. If any and the notice shall so state. member fails to attend two (2) of three (3) succes- sive meetings without cause and without prior (c) If the code inspector has reason to believe a approval of the chairman, the board shall declare violation or the condition causing the violation the member's office vacant and the village council presents a serious threat to the public health, shall promptly fill such vacancy. The members safety, and welfare or if the violation is irrepara- shall serve at the pleasure of the village .council. ble or irreversible in nature, the code inspector shall make a reasonable effort to notify the viola- (b) Office~~s; quorum; compensation. The mem- for and may immediately notify the enforcement begs of the enforcement board shall elect achair- board and request a hearing. man from among its members who shall be a voting member. The presence of four (4) or more (d) If a repeat violation is found, the code members, shall constitute a quorum of the enforce- inspector shall notify the violator, but is not went board. Members shall serve without com- required to give the violator a reasonable time to pensation, but may be reimbursed for such travel correct the violation. The code inspector, upon Supp. No. 19 161 § 2-175 NORTH PALM BEACH CODE ~-_- . ..,i notifying the violator of a repeat violation, shall ceeding shall not be dismissed, but the notify the code enforcement board and request a new owner shall be provided a reasonable hearing pursuant to the procedure in section period of time to correct the violation 2-176. The code enforcement board, through its before the hearing is held. clerical staff, shall schedule a hearing and shall (Ord. No. 19-79, § 5, 9-27-'79; Ord. No. 9-80, § 6, provide notice pursuant to section 2-181. The case 4-24-80; Ord. No. 8-90, § 4, 4-12-90; Ord. No. may be presented to the code enforcement board 18-96, § 1, 5-9-96; Ord. No. 04-2000, § 2, 2-10-00) even if the repeat violation has been corrected prior to the board hearing, and the notice shall so Sec. 2-176. Conduct of hearing. state. If the repeat violation has been corrected, (a) The chairman of the enforcement board the code enforcement board retains the right to may call hearings of the enforcement board and schedule a hearing to determine costs and impose hearings may also be called by written notice the payment of reasonable enforcement fees upon signed by at least three (3) members of the the repeat violator. The repeat violator may choose enforcement board. The enforcement board, at to waive his or her rights to this hearing and pay any hearing, may set a future hearing date. The said costs as determined by the code enforcement enforcement board shall attempt to convene no board. Written notice, with a scheduled hearing, less frequently than once every two (2) months, shall be provided pursuant to section 2-181. but yet meet more or less often as the demand (e) If the owner of property which is subject to necessitates. Minutes shall be kept of all hearings an enforcement proceeding before the enforce- by the enforcement board and all hearings and ment board, special master, or court transfers proceedings shall be open to the public. The ownership of such property between the time the village clerk shall provide clerical and adminis- initial pleading was served and the time of the trative personnel as may be reasonably required hearing, such owner shall: by the enforcement board for the proper perfor- l mance of its duties. (1) Disclose, in writing, the existence and the nature of the proceeding to the prospec- (b) Each case before the enforcement board tive transferee. shall be presented by the Village's administrative staff. If the local governing body prevails in pros- (2) Deliver to the prospective transferee a ecuting a case before the enforcement board, it copy of the pleadings, notices, and other shall be entitled to recover all costs incurred in materials relating to the code enforce- prosecuting the case before the board and such ment proceeding received by the transferor. costs may be included in the lien authorized (3) Disclose, in writing, to the prospective under section 2-178. transferee that the new owner will be (c) The enforcement board shall proceed to responsible for compliance with the appl- hear the cases on the agenda for that day. All cable code and with orders issued in the testimony shall be under oath and shall be re- code enforcement proceeding. corded. The enforcement board shall take testi- (4) File a notice with the code enforcement mony from the code inspector and alleged violator official of the transfer of the property, and from any witness called on behalf of either with the identity and address of the new the village or the alleged violator. Formal rules of owner and copies of the disclosures made evidence shall not apply; however, fundamental to the new owner, within five (5) days due process shall be observed and govern said after the date of the transfer. A failure to proceedings. Both the village and the alleged make disclosures described in sub-para- violator shall have the right to subpoena witness graphs (e)(1), (2), (3), and (4) of this sec- to testify at the hearing. tion before the transfer creates a rebutta- (d) At the conclusion of the hearing, the en- ble presumption of fraud. If the property forcement board shall issue findings of fact, based is transferred before the heaz~ng, the pro- on evidence of record and conclusions of law and ~ Supp. No. 19 162 ADMINI5TRATION § 2-178 shall issue findings of fact, based on evidence of prove by a preponderance of evidence that record and conclusions of law and shall issue an the alleged violator is guilty of violating order affording the proper relief consistent with the Code section of which he is accused. powers granted herein. The findings shall be by (2) Subpoena alleged violators and witnesses motion approved by a majority of those present to .its hearings. Subpoenas maybe served and voting, except that at least four (4) members by the village's police department. of the enforcement board must vote in order for the action to be official. The order may include a (3} Subpoena records, surveys, plats and other notice that it must be complied with by a specified material. date and that a fine may be imposed and, under (4) Take testimony under oath. the conditions specified in section 2-178, the cost (5) Issue orders having the force of law com- of repairs may be included along with the fine if manding whatever steps are necessary to the order is not complied with by said date. bring a violation into compliance. A certi- (Ord. No. 19-79, § 6, 9-27-79; Ord. No. 9-80, § 7, fled copy of such order maybe recorded in 4-24-80; Ord. No. 16-82, Art. N, 9-9-82; Ord. No. the public records of the county, and shall 19-85, § 1, 10-24-85; Ord. No. 18-96, § 2, 5-9-96; constitute notice to any subsequent pur- Ord. No. 04-2000, § 3, 2-10-00) chasers, successors in .interest or assigns, if the violation concerns real property, Sec. 2-177. Powers of the enforcement board. and the findings therein shall be binding upon the violator, and, if the violation The enforcement board shall have the power to: concerns real property, any subsequent purchasers, successors in interest or as- (1) Adopt rules for the conduct of its hear- signs. If the order is recorded in the public ings. The chairman of the enforcement records pursuant to this subsection and board hearing shall advise the alleged the order is complied with by the date violator of the Code section of which he is specified in the order, the enforcement accused, and shall first seek to determine board shall issue an order acknowledging if the alleged violator pleads guilty or compliance that shall be recorded in the innocent to such charge. If the alleged public records. A hearing is not required violator admits guilt, then the board shall to issue such an order acknowledging com- hear such testimony and evidence as it pliance. deems necessary to remedy the violation (Ord. No. 19-79, § 7, 9-27-79; Ord. No. 9-80, § 8, or punish the offender. If the alleged vio- 4-24-80; Ord. No. 8-90, § 5, 4-12-90; Ord. No. 4-91, lator states he is not guilty of violating § 1, 2-28-91) the village Code [section] in question, then the board shall hear first from the Sec. 2-178. Fines; liens. village, village witnesses and evidence, (a) Generally. The enforcement board, upon and the alleged violator shall have the notification by the code inspector that a previous right to cross examine village witnesses. order of the enforcement board has not been At the close of the presentation of the complied with by the set time or, upon finding village's case against the alleged violator, that the same violation has been repeated by the the alleged violator shall be permitted to same violator, may order the violator to pay a fine present his evidence, testimony of the in an amount specified in this section for each day other witnesses and his own testimony in the violation continues past the date set for com- defense. The village shall have the right pliance, or, in the case of a repeat violation, for to cross examine the alleged violator and each day the repeat violation continues past the his witnesses. The buxden of proving the date of notice to the violator of the repeat viola- alleged violation of the village Code as tion beginning with the date the repeat violation described above shall be on the village to is found to have occurred by the code inspector. In Supp. No. 22 163 § 2-178 NORTH PALM BEACH CODE addition, if the violation is a violation described in (d) Copies of orders imposing fines. A certified subsection 2-175(c), the enforcement board shall copy of an order imposing a fine or a fine plus notify the local governing body, which may make repair costs, may be recorded in the public records all. reasonable repairs which axe required to bring and thereafter shall constitute a lien against the the property into compliance and charge the vio- land on which the violation exists and upon any lator with the reasonable cost of the repairs along other real or personal property owned by the with the fine imposed pursuant to this section. violator. Upon petition to the circuit court, such Making such repairs does not create a continuing order may be enforced in the same manner as a obligation on the part of the local governing body court judgment by the sheriffs of this state, in- to make further repairs or to maintain the prop- eluding execution and levy against the personal erty and does not create any liability against the property of the violator, but such order shall not local governing body for any damages to the be deemed to be a court judgment except for property if such repairs were completed in good enforcement purposes. A fine imposed pursuant to faith. If a finding of a violation or a repeat this part shall continue to accrue until the viola- - violation has been made as provided in this arti- for comes into compliance or until judgment is cle, a hearing shall not be necessary for issuance rendered in a suit filed pursuant to this section, of the order imposing the fine. If, after due notice whichever occurs first. A Lien arising from a fine and hearing, a code enforcement board finds a imposed pursuant to this section runs in favor of violation to be irreparable or irreversible in na- the local governing body, and the local governing ture, it may order the violator to pay a fine as body may execute a satisfaction or release of lien entered pursuant to this section. After three. (3) . i hereinafter specified. A fine imposed pursuant to months from the filing of any such lien which ~ this section shall not exceed two hundred fifty remains unpaid, the enforcement board may au- dollars ($250.00) per day for a first violation and thorize the local governing body attorney to fore- ~ shall not exceed five hundred dollars ($500.00) close on the lien or to sue to recover a money per day for a repeat violation and, in addition, judgment for the amount of the lien plus accrued may include all costs of repairs pursuant to sub- interest. No lien created pursuant to the provision section (a). However, if a code enforcement board of this section maybe foreclosed on real property finds the violation to be irreparable or irreversible which is a homestead under Article X, Section 4 of in nature, it may impose a fine not to exceed five the State Constitution. The money judgment pro- . thousand dollars ($5,000.00) per violation. visions of this section shall not apply to real property or personal property which is covered (b) Determination of amount of fine. In deter- under § 4(a), Art. X of the State Constitution. mining the amount of the fine, if any, the enforce- (Ord. No. 19-79, § 8, 9-27-79; Ord. No. 9-80, § 9, went board shall consider the following factors: 4-24-80; Ord. No. 16-82, Art. V, 9-9-82; Ord. No. (1) The gravity of the violation; 2-86, § 2, 3-27-86; Ord. No. 8-90, § 6, 4-12-90; Ord. No. 18-96, § 3, 5-9-96; Ord. No. 04-2000, § 4, (2) Any actions taken by the violator to cor- 2-10-00; Ord. No. 11-2001, § 1, 4-26-01) rect the violation; and Sec. 2-179. Duration of lien. (3) Any previous violations committed by the violator. No lien shall continue for a period longer than twenty (20) years after the certified copy of an (c) Reduction of fine. The code enforcement order imposing a fine has been recorded, unless board may reduce a fine imposed pursuant to this within that time an action is commenced pursu- section. Afine imposed pursuant to this article ant to section 2-178 of this Code in a court of shall continue to accrue until the violator comes competent jurisdiction. In an action to foreclose into compliance or until judgment is rendered in a on a lien or for a money judgment, the prevailing suit to foreclose on a lien filed pursuant to this party is entitled to recover all costs, including a section, whichever occurs first. reasonable attorney's fee, that it incurs in the Supp. No. 22 164 ADMINISTRATION § 2-181 action. The local governing body shall be entitled ing therein who is above fifteen (15) years to collect all costs incurred in recording and of age and informing such person of the satisfying a valid lien. The continuation of the contents of the notice; or line effected by the commencement of the action (d) In the case of commercial premises, leav- shall not be good against creditors or subsequent ing the notice with the manager or other purchasers for valuable consideration without person in charge. notice, unless a notice of lis pendens is recorded. (Ord. No. 18-96, § 4, 5-9-96; Ord. No. 11-2001, § 2, (2) In addition to providing notice as set forth 4-26-01) in subsection (1), at the option of the code enforce- ment board, notice may also be served by publi- Sec. 2-180. Appeal. cation or posting, as follows: (a) 1. Such notice shall be published once An aggrieved party, including the village coon- during each week for four (4) consec- cil, may appeal a final administrative order of the utive weeks (four publications being enforcement board to the circuit court of the sufficient) in a newspaper of general county. Such an appeal shall not be a hearing de circulation in the county where the novo, but shall be limited to appellate review of code enforcement board is located. the record created before the enforcement board. The newspaper shall meet such re- An appeal shall be filed within thirty (30) days of quirements as are prescribed under the execution of the order to be appealed. chapter 50 of the Florida Statutes (Ord. No. 19-79, § 9, 9-27-79; Ord. No. 9-80, § 10, for legal and official advertisements. 4-24-80; Ord. No. 16-82, Art. VI, 9-9-82; Ord. No. 2. Proof of publication shall be made as 2-86, § 3, 3-27-86; Ord. No. 18-96, § 5, 5-9-96) provided in Sections 50.041 and 50.051, .Florida Statutes. Sec. 2-181. Notices. (b) 1. In lieu of publication as described in (1) All notices required by this part shall be paragraph (a), such notice may be provided to the alleged violator by: posted for at least ten (10) days prior to the hearing, or prior to the expi- (a) Certified mail, return receipt requested, ration of any deadline contained in provided if such notice is sent under this the notice in at least two (2) loca- paragraph to the owner of the property in tions, one of which shall be the prop- question at the address listed in the tax erty upon which the violation is al- collector's office for tax notices, and at any leged to exist and the other of which other address provided to the local gov- shall be at the primary municipal ernm.ent by such owner and is returned as government office. unclaimed or refused, notice may be pro- 2. Proof of posting shall be by affidavit vided by posting as described in subpara- of the person posting the notice, which graphs (2)(b)1. and 2. and by first class affidavit shall include a copy of the mail directed to the addresses furnished notice posted and the date and places to the local government with a properly executed proof of mailing or affidavit con- of its posting. firming the first class mailing; (c) Notice by publication or posting may run concurrently with, or may follow, an at- (b) Hand delivery by the sheriff or other law tempt or attempts to provide notice by enforcement officer, code inspector, or other hand delivery or by mail as required un- . person designated by the local governing der subsection (1). body; Evidence that an attempt has been made to hand (c) Leaving the notice at the violator's usual deliver or mail notice as provided in subsection place of residence with any person resid- (1), together with proof of publication or posting Supp. No. 22 165 § 2-181 NORTH PALM BEACH CODE as provided in subsection (2) shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such 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; Ord. No. 18-96, § 6, 5-9-96; Ord. No. 04-2000, § 5, 2-10-00) t [The neat page is 211] Supp. No. 22 166 BUILDINGS AND BUILDING REGULATIONS that are a hazard or a nuisance to occu- utes on a commercially zoned prop- pants of any property because of glare or erty and on which the business being other characteristics. advertised is located and: (17) Signs that contain any lighting or control 1. Is parked within the front two- mechanism that causes interference with thirds of the area between the radio, television or other communication front building line and the front signals. lot line; or (18) Searchlights used to advertise or promote 2. In the case of corner lots, is a business or to attract customers to a parked within the front two- property. thirds of the area between the side building line and the side (19) Signs that are painted, pasted, or printed lot line; or on any curbstone, flagstone, pavement, or 3. Is parked within thirty (30) feet . any portion of any sidewalk or street, of any street right-of--way. except house numbers and traffic control signs. (24) Signs displaying copy that is harmful to (20) Signs placed upon benches, bus shelters minors as defined by this code. or waste receptacles. (25) Portable signs as defined by this code. (21) Signs erected on public property, or on (26) Marquee sign as defined by this code. private property (such as private utility poles) located on public property, other (27) Roof sign as defined by this code. than signs erected by public authority for (28) Changeable copy sign as defined by this public purposes. code. (22) Signs erected over or across any public Exceptions: street except as may otherwise be ex- a. Sign for public, charitable, and reli- pressly authorized by this Code, and ex- gious institutions. cept governmental signs erected by or on the order of the village manager. b. Motor vehicle service station signs; (23) a. Vehicle signs with a total sign area provided, however, that said signs are: on any vehicle in excess of ten (10) 1. Limited to a maximum oftwenty square feet, when the vehicle is parked on the same property as the (20) percent of the total sign business being advertised and: area for said vehicle service sta- 1. Is parked for more than sixty tion. (60) consecutive minutes within 2. Changeable copy is limited to one hundred (100) feet of any price offuel and the words "cash" street right-of--way; and and "credit." 2. Is visible from the street right- 3. The maximum height ofchange- of-way that the vehicle is within able numbers shall be twelve one hundred (100) feet of; and (12) inches. 3. Is parked on commercially zoned c. Signs in P-Public District. property; (29) Painted wall sign as defined by this code. b. Vehicle signs visible from any street right-of--way with a total sign area (30) Neon tube sign located inside or outside a less than or equal to ten (10) square building and as defined by this code. feet, when the vehicle is parked for (31) Off site/premise sign as defined in this more than sixty (60) consecutivemin- code. Supp. No. 24 398.11 NORTH PALM BEACH CODE (32) Signs placed. on boats or watercraft that struction is discontinued for a period III are located on public or private property of more than sixty (60) days, the 'i other than boat or watercraft name, man- message shall be removed, pending ufacturers name or required license num- initiation or continuation of construc- bers. tion activities. i (33) Time-Temperature-Date Signs. c. To announce or advertise such tem- (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 2, porary uses as carnivals, revivals, 8-18-94; Ord. No. 37-97, § 1, 8-28-97; Ord. No. sporting events, or any public chari- 12-2000, § 1, 4-27-00) table, educational or religious event or function. Such message shall not Sec. 6-114. Permitted temporary signs. be displayed more than thirty (30) (A) Where allowed. Temporary signs are al- days prior to the event or function and shall be removed within two (2) lowed throughout the village, subject to the re- working days after the special event. strictions imposed by this. section and other rele- Approval of the size and locations of want parts of this Code. Temporary signs do not the signs by the department of pub- require abuilding permit. lic services is required. (B) Sign types allowed. A temporary sign may d. Political sign. Nothing shall be con- be apole, ground or building wall sign, but may strued to regulate the content or not be an electi7c sign. internal design of a political sign. (C) Removal of illegal temporary signs. Any Signs advertising political events and temporary sign not complying with the require- functions shall not be displayed more ments of this section is illegal and subject to than thirty (30) days prior to the immediate removal by the village forces. event or function and shall be re- moved not more than seven (7) cal- (D) Restrictions on content of temporary signs. endar days following the event or A temporary sign may display any message so function advertised by the sign. Cam- long as it is not: paign signs shall not be displayed (1) Harmful to minors as defined by this more than thirty (30) days prior to Code. the candidate qualifying for office or issue being voted upon and shall be (2) Advertising as defined by this Code, ex- removed within seven (7) days fol- cept that advertising for the following lowing the election. purposes may be displayed: a. To indicate that an owner, either (E) Permissible size, height and number of temporary signs. personally or through an agent, is actively attempting to sell, rent or (1) One-family and two-family residences. A lease the property on which the sign parcel on which is located a single one- is located. family or two-family residence may dis- play not more than one temporary sign b. To identify construction in progress. with a sign area of not more than five (5) Such message shall not be displayed square feet. No sign shall exceed five (5) more than sixty (60) days prior to feet in height. Front setback shall be ten the beginning of actual construction (10) feet and side setback shall be three of the project, and shall be removed (3) feet. when construction is completed. If a message is displayed pursuant to (2) Multi-family residences. Aparcel on which this section, but construction is not is located amulti-family residence may initiated within sixty (60) days after display not more than one (1) temporary the message is displayed, or if con- sign with a sign area of not more than Supp. No. 24 398.12 i i BUILDINGS AND BUILDING REGULATIONS § 6-116 (F) Flags. (4) Maintenance. It shall be the duty of the owner of the building to maintain the (1) Number. Not more than three (3) flags or numbers on the building in good condi- insignias of governmental, religious, char- tion. itable, fraternal or other organizations may be permanently displayed on any one (I) Signs in P-Public Zoning District. parcel of land. (1) Type-On premise, wall and ground signs. (2) Size. The maximum distance from top to (2) Number-Such number as shall be per- bottom of any flag or flags shall be twenty witted by the village council, in its discre- (20) percent of the total height of the flag tion, to assist in the administration and pole, or in the absence of a flag pole, operation of the village and its various twenty (20) percent of the distance from governmental, recreation and proprietary the top of the flag or insignia to the operations. ground. The maximum height of a flag (3) Size-Height-Location. Shall be no pole shall be twenty (20) feet. greater than the signs allowed in adjacent zoning districts. (G) Utility signs. Public utility signs that iden- tify the location of underground utility lines and (4) Additional signs. The following additional facilities, high voltage lines and facilities, and signs are permitted: Locational and direc- other utility facilities and appurtenances are per- tional signs at outdoor public recreation park and sporting events which may in- mitted so long as they do not exceed three (3) feet clude advertising logo of the entity spon- in height, and so long as the sign face does not Boring the activity or event being held on exceed one-half ('/2) square foot. publicly owned property, including, but (H) Street numbers. not limited to youth athletic associations, organized team competitions, swimming (1) Generally. Every building in the village meets, tennis tournaments and golf course shall have its street number so affixed to benches with direction and ball washing facilities at each tee. the building or the premises upon which the building is located that it is both (J) Strings of white light bulbs. Strings of visible and legible from the public street. white light bulbs may be permanently permitted to outline buildings and decorate trees on com- (2) Commercial buildings. Every commercial mercially developed property provided that such building with a wall facing an alley shall display does not interfere with neighboring land have each individual tenancy street num- uses. A building permit is required. ber affixed to the building above or next to (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 3, the rear door serving each tenancy so that 8-11-94; Ord. No. 10-99, § 2, 2-11-99; Ord. No. the number is both visible and legible 22-2000, § 1, 8-24-00; Ord. No. 31-2001, § 2, from the alley. The street numbers shall 10-25-O1) be reflective. (3) Height-Color All street numbers shall Sec. 6-116. Measurement determinations. be a minimum of three (3) inches in height (A) Facade area. The facade area shall be on residential buildings and a minimum measured by determining the area within atwo- of six (6) inches on commercial buildings. dimensional geometric figure coinciding with the Maximum height of all street numbers edges of the walls, windows, doors, parapets, shall be eight (8) inches. All street num- marquees, and roof slopes of greater than forty- bers shall be a sharply contrasting color five (45) degrees that form a side of a building or with the building. unit. Supp. No. 24 398.14.1 I § 6-116 NORTH PALM BEACH CODE (S) Sign area. (D) Sign height. The height of a sign shall be measured as the vertical distance from the fin- (1) Generally. The area. of a sign shall be the fished grade, excluding berms, at the base of the area within the smallest square, rectan- supporting structure to the top of the sign, or its gle, parallelogram, triangle, circle or semi- frame or supporting structure, whichever is higher. circle, the sides of which touch the ex- (Ord. No. 24-93, § 2, 10-14-93) time points or edges of the sign face. (2) Special situations. Sec. 6-117. Design, construction, and loca- tion standards. (a) Where a sign is composed of letters attached directly to a facade, win- (A) Generally. All permanent signs must com- dow, door, or marquee, and the let- ply with the following design, construction and ters are not enclosed by a border or location standard. trimming, the sign area shall be the area within the smallest rectangle, parallelogram, triangle, circle or semi- circle, the sides of which touch the extreme points of the letters or pic- tures. (b) Where two (2) sign faces are placed back to back on a single sign struc- ture, and the faces are at no point more than four (4) feet apart, the area of the sign shall be counted as the area of one (1) of the faces. (c) Where three (3) or more sign faces are aimanged in a square, rectangle, or diamond, the area of the sign shall be the area of the two (2) larg- est faces. (C) Number of signs. (1) Generally. In general, the number of signs shall be the number of non-contiguous sign faces. Multiple non-contiguous sign faces maybe counted as a single sign if all the sign faces are included in the geomet- ric figure used for determining the sign area. (2) Special situations. (a) Where two (2) sign faces are placed back to back and are at no point more than three (3) feet apart,. it shall be counted as one sign. j (b) If a sign has four (4) faces arranged in a square, rectangle or diamond, it shall be counted as two (2) signs, Supp. No. 24 398.14.2 I HEALTH AND SANITATION § 14-28 ARTICLE I. IN GENERAL Sec. 14-26. Frequency of collection. Secss. 14-1-14-15. Reserved. Commercial .garbage shall be collected at least three (3) times a week, and with greater fre- quency and in such manner as shall be directed ARTICLE II. GARBAGE, TRASH AND by the village manager. REFUSE* (Code 1970, § 18-41) Sec. 14-27. Charges-Generally. DIVISION 1. GENERALLY All property within the village which is im- Secs. 14-16-14-22. Reserved. proved by a structure for which a certificate of occupancy is issued after February first of any year and for which garbage and trash collections DIVISION 2. GARBAGE COLLECTION AND are made by the village shall pay the following DISPOSAL fees for collection and disposal of garbage and trash during the remainder of that calendar year Sec. 14-23. Definition. in which the certificate of occupancy is issued: As used in this division, "commercial garbage" (1) One- and two-family homes, four dollars shall mean every refuse accumulation of animal, and twenty-three cents ($4.23) per dwell- fruit or vegetable matter that attends the prepa- ing unit per month, or fraction thereof. ration, use, cooking and dealing in, or storage of meats, fish, fowl, fruits or vegetables, and any (2) Dwellings of three (3) units or more, four other matter of any nature whatsoever which is dollars andtwenty-three cents ($4.23) per subject to decay and the generation of noxious or unit per month, or fraction thereof. Where offensive gases or odors, or which, during or after a dwelling of three (3) or more units is a decay, may serve as breeding or feeding material condominium and the condominium asso- for flies or other germ-carrying insects. ciation or the developer of the condomin- (Code 1970, § 18-1) ium notifies the director of public ser- Cross reference-Rules o_ f construction and definitions vices, garbage and trash fees shall be generally, § 1-2. billed to the individual owners of condo- minium units. Sec. 14-24. Garbage cans-Required. (3) For commercial establishments, four dol- Garbage containers at each commercial estab- lars and twenty-three cents ($4.23) per lishment within the village and at each multiform- month, or fraction thereof. ily dwelling which contains three (3) or more (Code 1970, § 18-49; Ord. No. 2-74, § 1) units shall provide dumpster-type garbage con- tainers which can be collected by village garbage Sec. 14-28. Same-Fee for excess amounts vehicles using the dumpster collection method. from commercial establishments. (Code 1970, § 18-23; Ord. No. 6-75, § 1, 6-12-75) In the event any commercial establishment has more than two (2) cubic yards of garbage at any Sec. 14-25. Same-To be kept covered. one (1) pickup, the occupant thereof shall pay one All commercial garbage cans shall be kept dollar ($1.00) per cubic yard for all garbage col- tightly covered at all times, except when neces- lected in excess of two (2) cubic yards. In the event sorry to lift the covers for the purpose of depositing any commercial establishment has more than six garbage in the garbage can or for the purpose of (6) cubic yards of garbage picked up during any emptying such garbage into a garbage truck. one (1) week, the occupant thereof shall pay one (Code 1970, § 18-24) dollar ($1.00) per cubic yard for all garbage col- lected in excess of six (6) cubic yards per week. *Cross reference-Refuse disposal divisions, § 2-85(e). (Code 1970, § 18-48) Supp. No. 21 8J1 § 14-29 NORTH PALM BEACH CODE Sec. 14-29. Same-When and where paid. tax rolls. Failure to pay the fees when due may All payments required by this division shall be result in the discontinuance of the waste removal made to the village by the fifteenth of the month service and/or the placing of a lien by the village for which service is rendered. All delinquent ac- council in the amount of the fees due against the counts are subject to stoppage of service without property to which service is available, and/or notice. If a delinquent account is not paid within action by the village code enforcement board. thirty (30) days, the director of public services (4) The collection of garbage and trash by a shall cease all refuse collection for that account private person, firm, or corporation hired for such j unless otherwise directed by the village manager. purpose is prohibited except where dumpsters of Service shall be resumed thereafter only upon greater than two-cubic-yard capacity are used. payment of the accumulated fees for the period of (Ord. No. 37-90, § 1, 10-25-90; Ord. No. 34-91, § 1, collection and the period of noncollection unless 11-14-91; Ord. No. 18-92, § 1, 10-22-92; Ord. No. the village manager specifically directs otherwise. 19-94, § 1, 10-13-94; Ord. No. 8-96, § 1, 2-8-96; The stoppage of service herein authorized for Ord. No. 3-98, § 1, 1-8-98; Ord. No. 29-2000, § 1, nonpayment of collection charges shall be in ad- 9-28-00) dition to the right of the village to proceed for the collection of such unpaid charges in a manner Secs. 14-31-14-36. Reserved. provided by law. (Code 1970, § 18-53; Ord. No. 2-74, § 2) DIVISION 3. ABANDONED, INOPERATIVE Sec. 14-30. Commercial use property waste AND JUNKED PROPERTY* disposal fees and collection pro- Sec. 14-37. Definitions. cedures. (1) For purposes of this section, commercial ~ used in this division, the following terms use property shall include all property parcels in shall have the indicated meanings: the village upon which a building exists with the Motor vehicle includes all vehicles as defined in exception of residential use property, village- F.S. section 320.01(1), or as elsewhere defined in owned property and other property used for gov- the Florida Statutes, and shall include, in addi- ernmental purposes. tion, any vehicle which is self-propelled and de- (2) Annual disposal fees for garbage and trash signed to travel along the ground or water and and all other refuse collected by the Village of shall include, but not be limited to, automobiles, North Palm Beach shall be charged as herein buses, motor scooters, motor bicycles, motorcy- provided, except as otherwise stated. cles, trucks, tractors, go-carts, golf carts, campers, trailers and motorboats. Occupancy Category Fee per Square Foot Private property means any real property within Low $ 0.019 the village which is privately owned and which is Medium 0.049 not public property as defined in this section. High 0.263 Public property means any street or highway Occupancy category is as determined by the Palm ~"~hich shall include the entire width between the Beach County Solid Waste Authority. boundary lines of every way publicly maintained Total square feet is as determined by the Palm Beach County Tax Appraiser. (3) Waste disposal fees shall be due and pay- able to the village yearly in advance on October 1 of each year regardless of occupancy or use of the property charged. The fees shall be billed to the property owner of record as shown on the county *Cross reference-Motor vehicles and traffic, Ch. 18. Supp. No. 21 $92 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-2 AR'PICI.E I. IN GE10dER.AT. regarding all of the basic elements consid- ered in the village council's determination. (Ord. No. 1-94, 1, 2, 1-13-94) SeC. 17-1. Cable television rate regulation. Editor's note-Ord. No. 1-94, adopted Jan. 13, 1994, has been codified herein at the discretion of the editor as § 17-1. (a) Implementation. The village council does hereby implement cable television rate regulation Sec. 17-2. Home occupations. within the village consistent with Federal Com- (a) Home occupations as permitted uses. Home munications Commission requirements. occupations shall be permitted uses within R-1 (b) Rate regulation requirements. Single-family Dwelling District, R-2 Multiple-fam- ily Dwelling District and R-3 Apartment Dwelling (1) Any rate or charge established for cable tele- District, and mixed-use ResidentiaUCommercial vision service, equipment, repair and in- PUDs. stallation shall be reasonable to the public. (b) Definition. Home occupation is defined to In determining whether a rate or charge is mean any activity for which an occupational li- reasonable, the village shall apply the ca- tense of the Village of North Palm Beach is re- bletelevision rate regulation criteria estab- quired by law, which is conducted within a dwell- . fished by the Federal Communications Com- ing unit in a residential district. mission ("FCC"). (2) Should a franchisee desire to change any (c) Occupational license required. It shall be a violation for any person to conduct a home occu- rate or charge, it shall submit a written pation without first obtaining an occupational li- proposal for the amounts and effective date tense therefor issued by the village. The public of such change to the mayor and council service department may impose reasonable con- who shall instruct staff to evaluate the pro- ditions upon an occupational license issued for a posal in a manner consistent with FCC ca- home occupation for the purpose of insuring com- ble television rate regulation standards and pliance with the standards set forth in section report this evaluation to the village coup- 17-2(d). cil. The staff report shall be placed before the village council at a duly noticed public (d) Standards. Prior to the issuance of an oc- hearing. The village will provide written no- cupational license and as continuing operational tice of the public hearing to the franchisee standards, home occupations shall comply with no later than seventy-two (72) hours prior the following: to the public hearing. The village may re- (1) No person shall be employed in a home oc- quire the franchisee to notify each subscrib- cupation who is not a permanent domicili- er, in writing and/or via the cable system, ary resident of the dwelling unit in which of the proposed rate change and the date the home occupation exists. and time of the public hearing. At such hear- (2) The floor area within a dwelling unit devot- ing, the cable operator and members of the ed to a home occupation shall not exceed public will be given an opportunity to present their respective views on the pro- twenty-five (25) percent of the gross floor area of the dwelling unit excluding porch- posed rates. Upon conclusion of the public es, garages, carports and other areas which hearing, the village commission shall de- are not considered living area. tide the matter by majority vote and adopt a resolution approving, disapproving or ~ (3) The activities of a home occupation shall modifying the proposed rate changes and occur entirely within the dwelling unit, ex- providing such further relief as is appropri- cluding accessory structures such as garag- ate and authorized by FCC rate regulation es, carports and sheds. standards. The resolution shall set forth (4) There shall be no external evidence of the complete findings of fact and conclusions existence of a home occupation within a Supp. No. 9 1053 § 17-2 NORTH PALM BEACH CODE dwelling unit. Signs, displays, off street (2) Agrees to comply with the conditions im- parking areas other than driveways nor- posed by the department to insure compli- residential use or other ante with such standards; mally required for , advertising of any kind are prohibited. (3) Acknowledges that a departure therefrom (5) No tangible goods or services of any kind may result in a suspension of termination shall be sold or transferred to a customer, of the occupational license; and consumer or client on the premises of a home occupation, excluding facsimile machine, (4) Acknowledges that the village shall have telephone and /or postal transactions. the right to reasonably inspect the prem- (6) A home occupation shall not create noise, ises upon which the home occupation is con- vibration, glare, fumes, odors, dust, smoke ducted to insure compliance with the fore- or electromagnetic disturbances No equip- going standards and conditions, and to merit or processes shall be used which cre- investigate complaints, if, any, from neigh- ate visual or audible interference in any bors. radio or television receiver located nearby. (f) Violation of standards or conditions deemed No chemicals or chemical equipment shall a Code violation. Failure by a home occupation be used, except those that are used for do- licensee to comply with the standards of this sec- mestic or household purposes. No motor or tion and with the conditions imposed by the de- engine power, other than electrically oper- partment shall be deemed a violation of this Code. ated motors, shall be used in conjunction (g) Appeals. An applicant for an occupational with such home occupation and the total license whose application is denied for failure to horsepower of such permitted electrical mo- meet the standards set forth in this section or who -- tors shall not exceed three (3) horsepower, objects to any conditions imposed by the depart- ,t' or one horsepower for any single motor. merit may appeal the reasonableness of either to ~ (7) Vehicular and pedestrian traffic shall not the zoning board of adjustment which may direct be generated by a home occupation in a that the license be issued with or without condi- greater volume or a different vehicle type tions or may modify, add to or delete the imposed than the traffic typical in a residential neigh- conditions. boyhood in the village. (8) Deliveries of any kind required by and made (h) Repeal of ordinances. All ordinances or parts to the premises of a home occupation shall of ordinances in conflict herewith are hereby re- pot exceed one business delivery per day. Pealed. (9) The giving of art, music or other instruc- (i) Effective date. This section [Ordinance No. tions or lessons shall be limited to not more 2-95] shall be effective upon the date of passage. than two (2) persons at any one time. (Ord. No. 2-95, 1-9, 1-26-95) (10) Outdoor storage or any materials shall not Editor's note-Ord. No. 2-95, adopted Jan. 26, 1995, has been codified herein at the discretion of the editor as § 17-2. be permitted. Cross reference-Zoning, App. C. (11) The use of the premises for the home occu- pation shall be clearly incidental and sub- Secs. 17-3-17-15. Reserved. ordinate to its use for residential purposes by its occupants, and shall, under no cir- ARTICLE II. OCCUPATIONAL LICENSES* cumstances, change the residential charac- ter thereof. Sec. 17-16. License required; basis of one (e) Affidavit of applicant required. An appli- year. cant for an occupational license for a home occu- pation shall at the time of application file an af- A tax is hereby imposed by the village upon fidavit wherein the applicant: each and every business, profession and occupa- 1 A ees to tom 1 with the standards set + fit' ~ ( ) gr' P Y State law references-Municipal home rule powers, F.S. ~ - I forth in this section; § 166.021; local occupational license tax act, F.S. Ch. 205. Supp. No. 9 1054 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-21 Lion having a business location or branch office for more than one (1) year. For each license ob- within the village, in the respective amounts set tained between September 1 and March 31, the forth in section 17-33 of this Code. In addition, full tax for one (1) year shall be paid except as each and every such business, profession and oc- hereinafter provided. For each license obtained cupation which directly engages in interstate tom- between April 1 and September 1, one-half of the coerce, or which competes with any business, pro- full tax for one (1) year shall be paid except as fession or occupation engaged in interstate otherwise provided. Ahalf--year license issued pur- commerce shall be licensed pursuant to this Code suant to the provisions of this article, however, in the respective amounts set forth in section 17- shall be granted only as an initial license. Subse- 33. Unless otherwise stated, the amount of such quent licenses must be issued on a full-year basis tax specified shall be on the basis of one (1) year. regardless of the date of application, except where (Ord. No. 7-81, § 1, 7-23-81) a period of at least five (5) subsequent consecutive Sec, 17-17. Il,e~istration required. years without a license has elapsed in which case the characteristics of an initial license will apply Any person who engages in any business, occu- provided all other provisions of this article are pation or profession within the village not re- fully satisfied. Upon payment of such tax, the li- quired to be licensed hereunder shall be certified tense shall expire at the end of the period for which with the licensing officer by executing an informa- such license is issued as hereinabove specified. tion form provided by the village. The purpose of (Ord. No. 7-81, § 1, 7-23-81) such certification is to provide the village with information concerning those who are doing busi- ness within the village and, where appropriate, to Sec. 1'7-20. License renewal; delinquency assure the village that such persons are licensed penalty. countywide by the county. The fee for this certifi- cation shall be two dollars ($2.00). Anyone violat- All licenses issued hereunder may be renewed ing this provision by failing to register -the re- without penalty no later than September 30 by quired information with the licensing office shall application of the license holder. Licenses not re- be deemed guilty of a misdemeanor of the second newed by October 1 shall be considered delin- degree. quent and subject to a delinquency penalty of ten (Ord. No. 7-81, § 1, 7-23-81) (10) percent of the full year license fee for the month of October, plus an additional five-percent See. 17-18. Application for license. penalty for each month of delinquency thereafter Before the village shall be required to issue a until paid. The total delinquency penalty shall nev- license for engaging in or carrying on any of the er exceed twenty-five (25) percent of the full year businesses, professions or occupations specified and license fee for that applicant, in addition to the set forth herein, it shall be the duty of the appli- license fee set forth herein. cant to file an application with the licensing offic- (Ord. No. 7-81, § 1, 7-23-81) er, such applicant to be in the form required by State law reference-Delinquency penalties, F.S. § the village and such applicant shall be required to 205.053. furnish to the village such other information not contained in the application as the village man- Sec. 1'7-21. How tax construed as to speci- ager may require. fled professions. (Ord. No. 7-81, § 1, 7-23-81) The tax provided in section 17-33 for architects, . Sec. 17-19. Issuance of license; duration; auctioneers, auditors or accountants, dentists, half year 1acense; when due and draftsmen, civil engineers, lawyers, osteopaths, payable. chiropractors, chiropodists, phrenologists, physi- All licenses shall expire on the thirtieth day of cians or surgeons, real estate salesmen, or other September of each year. No license shall be issued similar professions, shall be construed to mean Supp. No. 9 1054.1 § 17-21 NORTH PALM BEACH CODE that each individual shall pay the tax herein pro- vided, whether practicing by himself or in part- , nership or employed by another. (Ord. No. 7-81, § 1, 7-23-81) i Sec. 17-22. Special permit for nonprofit en- terprise. The licensing officer shall issue special permits, without payment of any license fees or other charg- es therefor, to any person or organization for the conduct or operation of a nonprofit enterprise, ei- ther regularly or temporarily, when he finds that the applicant operates without private profit, for a public, charitable, educational, literary, frater- nal or religious purpose. (1) Application for special permit. An appli- cant for a special permit shall submit an application therefor to the licensing officer, upon forms prescribed by the officer, and shall furnish such additional information and make such affidavits as the licensing officer shall require. (2) Special permittees must conform. A person S operating under a special permit shall op- erate his nonprofit enterprise in compli- ance with this section and all other rules and regulations. (Ord. No. 7-81, § 1, 7-23-81) State law reference-Exemption for charitable, etc., ac- tivities, F.S. § 205.192. Supp. No. 9 1054.2 APPENDIX A-APPEARANCE PLAN § II INTRODUCTION The Appearance Ordinance, and applicable sec- tions of the Appearance Plan, will be adminis- What we see daily in our community, consciously tered through the Office of the North Palm Beach and unconsciously, influences our lives. Director of Public Services, with the Appearance Good community appearance is the product of Board acting upon matters relating to appearance orderly and harmonious relationships established as authorized by the Appearance Code. between man-made objects and nature. Apleas- SECTION II STATEMENT OF POLICY ing and attractive scene results from skillful combinations and interrelations of these elements ~ function in a manner most appropriate to its of contrasts and similarities. responsibility, amunicipal board should actin the Appearance has a direct bearing on the economic public interest and welfare as a servant of the value of property. When the appearance of public People, and operate consistently within its juris- areas, business establishments, and the residen- diction. It should be completely fair and objective tial community is good, shoppers, businessmen, ~ all public matters, impartial and understand- and home owners are all attracted to the commu- mg, and above and beyond reproach. If it can also nity. be a source of inspiration, encouragement, and leadership, it fulfills the public trust. Poor appearance, congestion, and lack of proper maintenance bring about blight, decay, decreased Consequently the POLICY of the Appearance property values, and loss of revenues. ~ Board is to: New building programs, along with improvement Operate in all matters brought before it, in an and preservation of the existing, are necessary in objective and understanding manner, free from order to maintain good community appearance. discrimination and selfish interests, and above Expanded building programs and land develop- and beyond reproach. ments have greatly reduced open spaces in our Work toward the esthetic growth of the commu- towns-an awareness of the importance of good nity and against deterioration of its visual design and land use has resulted. Government character, harmony, and beauty. bodies and private agencies are seeking ways to revitalize our cities and towns. The recognition of Encourage and inspire both public and private this need to protect the distinctive character of participation in the enhancement of community our communities and their beauty has elicited appearance and provide the necessary leader- sympathetic judicial decisions in matters involy- ship. ing esthetics. Act as counselor, guide, and consultant on mat- SECTION IBASIS FOR THE APPEARANCE ters of appearance to those who desire to de- PLAN velop, redevelop, maintain, or improve proper- The North Palm Beach Village Council adopted ties which are under the jurisdiction of the an Appearance Code, Ordinance Number 4-71, on Board. May 27, 1971. This Ordinance provided for the Participate in matters regarding appearance appointment of an Appearance Board which would with other governmental, municipal, civic or concern itself with and act in matters affecting private bodies, and enhance communication, the physical appearance of designated areas. understanding, and appreciation between them and the Appearance Board. The Board was empowered to develop an Appear- ' ante Plan to serve as standards or guidelines for OBJECTIVES are the fostering of: physical developments in the Village. The Plan as amended, following public hearings, was adopted Greater interest in the development and rede- by the North Palm Beach Village Council, by velopment of business, multi-family, and public Ordinance Number 3-72, dated 10 Feb. 1972. areas with an emphasis on appearance as it Supp. No. 10 2045 § II NORTH. PALM BEACH CODE A relates to each specific project,. its surround- Externai• architectural features of buildings and ings, and the community, by giving encourage- structures of all types, existing and future, ment, guidance, and direction. visible to the eye, and above grade. Better maintenance of properties. through en- Landscaping, land topography and plant life, couragement of preservation, upkeep, protec- natural and man-made. tion, and care. Walks, drives, parking areas, and plazas. Modifications or additions to existing ordi- Exterior furniture, hardware,. signs and mark- . nances as theypertain to improving community ers, posts and fences, barriers, lights and light- appearance. ing, supplementary structures and appurte- Greaterpublic interest and enthusiasm. in over- nances. all community beauty, appearance, cleanliness, AREAS OF PARTICULAR. NOTE- AND THEIR and. order. ADDED REQUIREMENTS SECTION III AREAS OF JURISDICTION The following is a list of natural and man-made AREAS AND ELEMENTS UNDER JURISDIC- areas and thoroughfares of particular. note with TION their descriptions and added requirements. The Appearance Ordinance provides that the ju- OCEAN BEACH AND STATE ROAD 703 risdictional areas of the Appearance Board are all The existence of the ocean on our east imparts areas within the Village of North Palm Beach more directional and esthetic influence than that are zoned: any other natural. attribute. We should main- tain an awareness of it in the development of Rl SINGLE FAMILY DISTRICT-Applies to all usages except single family and the community. It is felt that it is essential to -their normal accessory buildings- maintain and_ develop physical. and visual con- R2 MULTIPLE. FAMILY DWELLING DIS- tact with it through vistas, overlooks, adjacent TRICT roads and. access parts.. The ridge- between R2A LIMITED MULTIPLE' FAMILY State Road 703 and the beach should be pre- DWELLING DISTRICT served as it provides a natural barrier between R3 APARTMENT DWELLING DISTRICT traffic and the beach, and defines the beach as CA RESTRICTED COMMERCIAL DIS- an entity in itself. State Road 703 is a north- TRIGT south highwaybetween the Intracoastal Water- C1A LIMITED COMMERCIAL. DISTRICT way .and the ocean traversing the length of C1 NEIGHBORHOOD COMMERCIAL North Palm Beach. It is the only man-made DISTRICT artery where the true character of the coastal C2 GENERAL COMMERCIAL DISTRICT community can be experienced in its fullness. C3 REGIONAL. BUSINESS DISTRICT Its variance in elevation allows unparalleled P PUBLIC DISTRICT views of the- ocean. and of the- sloping- terrain. to (Ord. No. 19-95, § 1, 7-13-95) the Intracoastal Waterway. The natural topog- raphy of the slope as well as the ocean ridge FUTURE ZONING CLASSIFICATIONS AS DE- must be preserved. The natural landscape ad- TERMINED BY VILLAGE ORDINANCE jacent to this artery is all but destroyed in other South Florida communities. This landscape must These areas include both. privately and publicly be fully considered and preserved to the great- owned properties. Elements. within. these areas est extent in development, and because. open- include: ness both to the east and- west must be main- Improved andunimproved land, including open tained, buildings. shall. be designed and sites - spaces, streets and parkways, playgrounds, gar- planned in such a manner as to allow maximum - dens, malls, waterways; yards, rights-of--way, visual. contact and other elements. Supp. No. 10 2046 APPENDIX C-ZONING § 45-32.1 perity Farms Road right-of--way to pro- vide afront yard of not less than thirty (30) feet. All buildings shall be set back from the right-of--way of streets which intersect with Alternate A-I-A or Prosper- ity Farms Road providing a yard of not less than twenty-five (25) feet. 2. Side yards. All buildings shall be set back from side lot lines so as to provide side yards of not less than fifteen (15) feet. 3. Rear yards. All buildings shall be set back from rear lot lines so as to provide a rear yard of not less than fifteen (15) feet. G. Off-street parking regulations. Off=street parking shall be provided the same as for the CA commercial district. H. Off-street parking layout, construction and maintenance shall be the same as for the CA commercial district. (Ord. No. 31-97, § 1(Exhibit A), 7-10-97; Ord. No. 23-99, § 1, 6-10-99; Ord. No. 15-2000, § 1, 5-25-00) Supp. No. 21 2500.1 ,I APPENDIX C-ZONING § 45-33 Sec. 45-33. C-1 neighborhood commercial front-yard setback for each story in excess of two district. (2) or in excess of thirty (30) feet in height. No General description. This neighborhood com- structures however, shall occupy more than thirty- mercial district is established to provide that the five (35) percent of the site area so required. principal use of land is devoted to neighborhood C. Building and floor area regulations. An and transient uses and to encourage the develop- individual retail business or commercial use shall ment of these locations for such uses and in such not exceed fifty thousand (50,000) square feet of manner as to minimize congestion and interfer- floor area on the first floor; this provision shall ence with other land uses. not apply to grocery stores; food stores or facilities A. Uses permitted. Within any C-1 neighbor- for use for religious worship or related religious hood commercial district, no building, structure, uses including retreats, conferences, school or land or water shall be used, except for one (1) or other educational uses, convent, rectory or other more of the following uses: living facilities, administration or similar facili- l. Any use permitted in the C-1A limited ties owed or operated by religious groups or religious-related activities. commercial district. 2. Any retail business or commercial use D. Yard space regulations. There shall be a including neighborhood commercial use front yard of not less than fifty (50) feet measured that meets the daily living needs of vil- from the street line to the front building line, lage residents and which does not involve except along both sides of U.S. 1, no setback less the manufacturing or processing of prod- than one hundred (100) feet in depth measured ucts; provided, however, automobile re- from the front building line shall be provided. pair shops are not a permitted use except Fora distance of one (1) block on streets as an accessory use to an automotive intersecting U.S. 1, measured from the right-of- service station or retail automobile tire way line of said U.S. 1, side yards of at least store. twenty-five (25) feet in depth shall be provided. 3. Transient commercial uses serving either (a) For single-family and for multiple-family the motoring public or village residents residential structures, there shall be rear including hotels and motels, conference yard and side yard setbacks the same as and retreat facilities, filling stations and set forth in the R-1 and R-3 zoning dis- restaurants, excluding those with adrive- tricts, respectively, except as modified be- through. low: 4. Personal service establishments, includ- (i) On corner lots intersecting U.S. High- ing, but not limited to, banks, barber- way No. 1 where the front of the shops, bowling alleys, beauty salons, med- building is on the intersecting street ical and dental clinics, professional and and the side yard of the building is other offices, funeral homes, shoe repair on U.S. Highway No. 1, the mini- shops, laundry pickup stations and self- mum side yard setback on U.S. High- service laundries, furniture display stores way No. 1 shall be one hundred (100) and drugstores. feet measured from the street line to 5. Mobile home park. the side building line, and only for structures in excess of twenty (20) 6. Adult entertainment establishments. stories in height shall five (5) feet be 7. Religious worship or related religious ac- added to the required side yard for ' tivities. each story added to the building in B. Building height regulations. For buildings excess of twenty (20). in excess of two (2) stories or thirty (30) feet in (ii) On lots bordering the established height, five (5) feet shall be added to the required bulkhead line, the Intracoastal Wa- Supp. No. 18 2501 i § 45-33 NORTH PALM BEACH CODE terway line or any existing bulk- 7. No parking shall be permitted in the first head, the maximum required rear ten (10) feet of the required front yard yard and side yard setbacks shall be depth, measured from the front property twenty (20) feet from the established line. The restriction against parking in bulkhead line, Intracoastal Water- the first ten (10) feet of the required front way line or existing bulkhead, which- yard depth measured from the front prop- ever is closest in distance to the erty line shall not apply to those proper- building line; provided, however, that ties which have complied in full with the said bulkhead line, Intracoastal Wa- landscaping provisions of chapter 41-16 terway line or existing bulkhead is through 41-25 [chapter 27, article III], at least five hundred (500) feet from both inclusive. the opposite bulkhead line, Intracoastal Waterway line or exist- 8• Furniture display stores, one (1) space for ing bulkhead, whichever is closest. each four hundred (400) square feet of sales area. All other space regulations shall apply to such buildings. 9. Retail business with floor area in excess of fifty thousand (50,000) square feet, one E. Off-street parking regulations. (1) space for each two hundred and fifty 1. Same as for the C-lA limited commercial (250) square feet ofnon-storage floor area. district for churches, motels, hotels, time- share units and restaurants. F. Floor area regulations. 2. For general business, commercial or per- 1. [Reserved.] sonal service establishments, one (1) space \ for each one two hundred (200) square 2. In time-.share structures, each dwelling feet of nonstorage first floor area, plus one unit having one (1) bedroom shall have a (1) space for each two hundred (200) square minimum floor area of seven hundred feet of nonstorage area above the first fifty (750) square feet. An additional one floor. hundred fifty (150) square feet of floor 3. Medical. or dental offices or clinics, one (1) area shall be required for each additional space for each one hundred fifty (150) bedroom provided. square feet of floor area, up to three thousand (3,000) square feet; one (1) ad- ditionalspace for each additional two hun- G. Conditions for permitted uses: dred (200) square feet of floor area up to 1. A car wash and car waxing business five thousand (5,000) square feet; one (1) whether in conjunction with a filling sta- additional space for each additional two tion or as an independent enterprise shall hundred fifty (250) square feet of floor be allowed to utilize an awning structure space in excess of five thousand (5,000) or structure which shall located in the square feet. rear yard with a minimum five-foot set- 4. Offices, one (1) space for each three hun- back and within the building side lines dred (300) square feet of floor area used extended. for office purposes. 2. All activities (except restaurants that qual- 5. Schools and public buildings, one (1) space ify under outdoor seating provisions of for each four (4) seats in the main audito- Appendix C-Zoning), sales and storage rinm or place of assembly. of goods must be conducted entirely within 6. Theaters, auditoriums, one (1) space for completely enclosed buildings with perma- each four (4) seats. vent nonmoving outside walls. Supp. No. 18 2502 I I i APPENDIX C-ZONING § 45-34 3. No outside sidewalk or parking lot stor- 7. Automobile, truck and trailer rental busi- age or display of merchandise will be ness. permitted. 8. Adult entertainment establishment. (Ord. No. 20-72, § 1; Ord. No. 4-73; Ord. No. 10-73, 8, 9, 9-13-73; Ord. No. 22-82, 8, 9, B, Development standards. Every commercial 12-9-82; Ord. No. 9-87, § 2, 5-28-87; Ord. No. use located within the C-2 automotive commercial 23-90, § 4, 6-28-90; Ord. No. 7-94, § 1, 4-14-94; district shall be so developed as to comply with Ord. No. 1-95, § 1, 1-12-95; Ord. No. 24-95, § 1, the following performance standards: 7-17-95; Ord. No. 48-96, § 1, 12-12-96; Ord. No. 1-98, 1-7, 1-8-98; Ord. No. 27-99, § 6, 8-12-99) 1. Outside display: Outside display areas for sale, lease or rental of vehicles shall be designed as follows: Sec. 45-34. Automotive commercial district." (a) Vehicles may be stored on an ap- A. Uses permitted. Within any C-2 automotive proved parking surface without ref- commercial district, no building structure, land or erence to parking stalls, stall strip- water shall be used, except for one or more of the ing or wheel stops. This type of following uses: parking shall be allowed only pursu- ant to a site plan review and ap- t. Any use permitted in the C-1A limited proval subject to Article III of Chap- commercial district. ter 6 of the Village Code of --- 2. -Any retail business or commercial use Ordinances. - which does not involve the manufacturing - or processing of products. (b) Interior landscaping requirements within outside display areas pursu- 3. Personal service establishments, includ- ant to Article III of Chapter 27 of the ing, but not limited to, banks, barber- Village Code of Ordinances shall be _=- = -- shops, bowling alleys, beauty salons, med- met by transferring the required land- ical and dental clinics, professional and scaping to the perimeter of the site other offices, funeral homes, filling sta- abutting public right-of--ways. The tions, shoe repair shops, laundry pickup transferred landscaped areas shall stations and self service laundries, furni- be designed and located so as to tare display stores and drugstores. mitigate and buffer the impact of the 4. Full service automotive dealerships and aggregated vehicle storage area. accessory uses including paint and body 2. Locational and physical restrictions: shops, repair shops and garages, limou- (a) Repair facilities and paint and body sine service and towing service. shops shall be located at least one 5. Retail and wholesale sales of new vehicu- hundred (100) feet from any residen- larparts, equipment and accessories with- tially-zoned lot. Service bay doors out on-site installation. shall not be oriented toward any 6. Automobile service shops such as full ser- adjacent residentially-zoned prop- vice vehicle repair shops, muffler shops, erty nor oriented toward any adja- tire shops, lubrication and oil change, cent public street. window tinting, wash and detailing, etc. (b) Accessory fuel pump islands and au- tomated wash facilities for vehicles *Editor's note-Ord. No. 30-97, adopted July 10, 1997, shall not be located within one hun- repealed former 45-34, relative to C-2 general commercial dyed (100) feet of any residentially- district, while Ord. No. 32-97, adopted July 10, 1997, re- enacted said section to read as herein set out. The provisions zoned property. Wash facilities shall of former § 45-34 derived from Ord. No. 15-72, § 1, and Ord. be located within a completely en- No. 25-95, § 1, adopted July 17, 1995. closed building. Fuel pump islands Sapp. No. 18 2503 i § 45-34 NORTH PALM BEACH CODE ~ shall be located within an enclosed area so that they are not visible off premises. (c) The sale, lease or rental of automo- biles, trucks, motorcycles, and recre- ational vehicles is allowed only on lots which meet the following mini- mum dimensions and area: (1) Minimum frontage of 125' (2) Minimum width of 125' (3) Minimum depth of 200' (4) Minimum area of 1.5 acres C. Use and operating restrictions. Every com- mercial use located within the C-2 automotive commercial district shall be so operated as to comply with the following performance stan- dards: 1. No industrial equipment or vehicles shall be sold, leased, rented or otherwise stored within the C-2 district. For purposes herein, industrial equipment is defined as equip- went used primarily for purposes other than transportation or hauling. Trucks other than pickup trucks, vans and jeeps shall be displayed in areas separated from a public right-of--way by a building. 2. No vehicle shall be parked for display purposes with its hood or trunk open, nor elevated off the ground in any way. Vehi- cles shall not be parked in any right-of- way or driveway. Supp. No. 18 2504 STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section Section Section this Code Section this Code 1.01 27-31 App. B, Art. II, 1.01 et seq. 1-2 § 36-8 ch. 22F App. B, Art. II, App. B, Art. II, § 36-10 § 36-15 ch. 39 App. C, § 45-2 App. B, Art. 1V, Ch. 50 2-181 § 36-27 50.041 2-181 ch. 185 2-167 50.051 2-181 185.08 26-16 55.03 29-5(a) 202.195 29-8(m) ch. 98 Ch. 10 203.012 26-51, 29-3 ch. 101 10-7 29-5(b) 112.181 2-161(e)(8) 203.012(5)(b) 26-51 161.55(1)(d) 6-156 ch. 205 Ch. 17, Art. II 161.041 6-153 205.043(2), 161.053 6-154 205.043(3) 17-24, 17-25 162.12(2) 2-180 205.053 17-20 ch. 163 12.5-1 205.192 17-22 _- 21-1 210.03 17-33 - 21-11 ch. 212 26-53 __- 21-43, 21-44 ch. 252 Ch. 8 _-- App. B, Art. I, 8-4(a)(2) -- § 36-2, App. B, Art. 252.38 et seq. 8-6 I, § 36-4 253.125 7-19 App. B, Art. II, 280.02 2-4(f) § 36-16 316.008 Ch. 18 App. B, Art. VI 316.272 19-117 163.01 2-4(f) 316.293 19-117 163.161 et seq. 21-O1 316.1955, 316.1956 18-37 ch. 163.170, App. B, Art. II, 320.01(1) 14-37 §163.3164(17) § 36-10 ch. 327 Ch. 5 163.225(3)(a}- (c) 5-86 335.065 App. B, Art. IV, 163.295 6-150 § 36-29.1 163.3161 et seq. Ch. 21, Ai~t. II 337.29 29-2 163.3177 21-44 337.401 29-2, 29-3 163.3178 6-155 29-5(a), (e) 21-44 29-6(a) ch. 166 6-16 337.401(3) 28-3 Ch. 24 337.403, 337.404 29-7 Ord. No. 2478 § 3 342.03 Ch. 5 166.021 Ch. 17, Art. II 362.01 29-2 166.221 17-34 364.02 29-3 166.231 Ch. 26, Art. III ch. 373 19-200 ch. 170 21-2 ch. 380 21-44 170.01 Ch. 24 App. B, Art. II, ' ch. 175 2-167 § 36-10 175.101 26-17 380.04 21-103 ch. 177 App. B, Art. I, 393 App. C, § 45-2 § 36-2 ch. 394 App. C, § 45-2 Supp. No. 24 2819 II i i I ! NORTH PALM BEACH CODE Section Section this Code ch, 400 App. C, § 45-2 ch. 401 11.5-21 ch. 402 App. C, § 45-2 App. C, § 45-34.1 402.302(4), 402.302(5) 17-33 413.08 4-27(d) ch. 419 17-33 App. C, § 45-2 471.003 29-8(c)(1) ch. 472 App. B, A~•t. I, § 36-6 ch. 480 App. C, § 45-2 ch. 553 6-16 553.73 6-154 11-11 553.73(2) 6-2 561.01 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 633.025 12-16 633.0215 12-16 ch. 650 Ch. 2, Art. V, Div. 2 2-136 650.02 2-136 658.12 2-4(q) ch. 760 App. C, § 45-2 768.28 29-12(d) 775.082, 775.083 2-1690 ch. 847 App. C, § 45-20 870.041 8-21 870.44 8-22 870.45 8-22 872.05 2-104 943.14 2-159 943.25(13) 1-9 C Supp. No. 24 2820 (The next page is 2869] I CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 33-99 10-28-99 1 18-35(8) 04-2000 2-10-00 1, 2 2-172, 2-175 3 2-176(d) 4, 5 2-178, 2-181 05-2000 2-10-00 1 11-11 06-2000 2-24-00 1 Added 3-4 10-2000 4-13-00 1 5-82 2 5-85(12) 12-2000 4-27-00 1 6-113(B)(28) 13-2000 5-11-00 1 Added 2-158.1 15-2000 5-25-00 1 App. C, 45-32.1F. 20-2000 8-10-00 1, 2 2-161(e)(4), (8) 3 2-162(1) 4 2-1690 22-2000 8-24-00 1 6-115(C)(1)b. 24-2000 9-28-00 1 26-29 25-2000 9-28-00 1 26-51 26-2000 9-28-00 1 28-3(6) 27-2000 9-28-00 1 17-33 29-2000 9-28-00 1 14-30(2) 30-2000 10-12-00 1 App. D 32-2000 10-12-00 1 6-114(e)(3) 34-2000 11- 9-00 1, 2 19-99, 19-113 3-5 19-116-19-118 35-2000 11- 9-00 1 1-8(a) 36-2000 12-14-00 1 19-210(d) 01-2001 2- 8-Ol 1-16 28-3(6) Added 29-1-29-16 03-2001 2- 8-01 1 45-32A.7.a. 2 45-32G. 04-2001 2- 8-Ol 1 5-81 05-2001 3- 8-Ol 1 45-2 06-2001 3-22-01 1 7-19 2 21-1(c) 3 21-2(c) 4 36-10(c) 5 36-12(2) 6 36-38.1(6) 7 45-49(1) 8 45-50(1) 08-2001 4-12-O1 1 2-161(g) 2 2-166(1)c.2. 09-2001 4-12-01 1 5-84(6) 11-2001 4-26-01 1 2-178(d) 2 2-179 12-2001 5-10-01 1 9-17(a) 13-2001 5-10-O1 1 19-211 15-2001 6-28-01 1, 2 2-4 16-2001 6-28-O1 1 Ch. 8 (title) 2, 3 Rpld 8-16 Added 8-1-8-6, 8-21, 8-22 ' 18-2001 6-28-O1 1 2-1(c) 2 9-18 3 16-24 4 20-63 Supp. No. 24 2887 NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code 5 21-11(c) 22-2001 8- 9-Ol 1 2-136 23-2001 8- 9-Ol 1 2-2(a) 24-2001 8- 9-Ol 1, 2 2-85(3) 25-2001 8-23-O1 1 6-112(F) 26-2001 8-23-01 1 45-2 27-2001 9-13-01 2 15-1 3 15-2 30-2001 10-11-01 1 Rpld 2-51 2 2-40(b) 3 2-42 4 2-59 31-2001 10-25-01 1 6-110 2 6-115(B)(5) 02-2002 2-14-02 1 App. C, 45-20(4) 03-2002 2-14-02 1 App. C, 45-36N.(1) 2 App. C, 45-36L. 05-2002 2-28-02 1 6-16 2 6-17 3 Rpld 6-2 4 Rpld 6-3 5 Rpld 11-11 6 Rpld 12-16, 12-17 7 Rpld 25-1-25-11 I 25-23, 25-24 25-36-25-38 06-2002 2-28-02 1 Added 2-1(d) 2 2-154 3 2-164(d) 08-2002 3-28-02 1 27-17 2 27-18 3 Added 27-20 10-2002 4-25-02 1 6-114(D) 12-2002 5- 9-02 1 Added 12-16 2 Rpld 12-17 13-2002 5- 9-02 1 6-17(Hist. note) 14-2002 5- 9-02 1 Added 5-25 15-2002 4- 9-02 1 Added 19-10 20-2002 6-13-02 1 9-19 22-2002 7-11-02 1 Added 25-1-25-7 23-2002 7-11-02 1 2-173 [The next page is 2933] Supp. No. 24 288$ CI-IARTER I1~DEX A Art./Sec. ELECTIONS-Contd. Art./Sec. General and runoff election V 4 AGREEMENTS. See: CONTRACTS Nonpartisan elections........ , V 1 AND AGREEMENTS Qualifications . V 2 Recall V 6 B Unopposed candidates V 5 BOUNDARIES Village council members; election and Territorial boundaries of village de- terms III 2 scribed II 1 EMPLOYEES. See: OFFICERS AND EMPLOYEES C F CHARTER Continuation of former charter pro- FINANCES visions VI 1 Sale of property; referendum required III 11 Miscellaneous provisions........... VI 5 Village council members; compensa- Obsolete schedule items, deletion o£ VI 6 tion and expenses III 4 Ordinances preserved VI 2 Village manager, powers and duties Pending matters VI 4 re............................ N 5 Rights of officers and employees VI 3 Transition schedule VI 1 et seq. I CLERK. See: VILLAGE CLERK INITIATNE AND REFERENDUM CONTRACTS AND AGREEMENTS Actions on petition III 10(f) Charter transition schedule provi- Commencement of proceedings III 10(b) sions re pending matters....... VI 4 Filing, procedure for III 10(d} Village clerk, powers and duties re . N 7 Generally III 10(a) Village manager, powers and duties Petitions III 10(c) re N 5(i) Referendum petitions; suspension of effect of ordinance III 10(e) CORPORATE NAME Results of election III 10(g) Established I Sale of property; referendum required III 11 COUNCIL. See: VILLAGE COUNCIL M COUNTRY CLUB ADMINISTRATOR Designated N 6 MANAGER. See: VILLAGE MAN- AGER D MAYOR DEPARTMENTS AND OTHERAGEN- Designation, powers, etc............ III 3 CIES OF VILLAGE MUNICIPALITY. See: VILLAGE Village council III 1 et seq. Village manager, powers and duties re N 5(b) N DOCUMENTS AND PUBLIC REC- NORTH PALM BEACH, VILLAGE OF. ORDS See: VILLAGE Turnover of documents III 7 Village clerk, duties re N 7 p E OFFICERS AND EMPLOYEES Charter transition schedule provi- ELECTIONS sions re rights of officers and em- Initiative and referendum.......... III 10 ployees VI 3 See also: INITL4TNE AND REF- Council-appointed officials III 8 ERENDUM Country club administrator N 6 Qualifications and elections Documents, turnover of III 7 Form of ballots V 3 Mayor III 3 2933 NORTH PALM BEACH CODE ~ ~ ~ OFFICERS AND EMPLOYEES- Art./Sec. Contd. Prohibitions Appointment and removals....... III 6(a) Holding other office III 6(c) Interference with administration . III 6(b) Village clerk N 7 Village manager N 1 et seq. P PETITIONS. See: INITIATIVE AND REFERENDUM PROPERTY Sale of property; referendum required III 11 R RECORDS. See: DOCUMENTS AND PUBLIC RECORDS ~ REFERENDUM. See: INITIATIVE AND REFERENDUM V VILLAGE Corporate name I Territorial boundaries described II 1 VILLAGE CLERK ' ~ ' Powers and duties N 7 ~ ~ - ' ~ VILLAGE COUNCIL Compensation and expenses........ III 4 Council appointed officials III 8 Election and terms III 2 Mayor III 3 Powers and composition............ III 1 Procedure Meetings III 9(a) Rules and journal III 9(b) Voting....._ , III 9(c) Prohibitions III 6 See also: OFFICERS AND EM- PLOYEES Vacancies Extraordinary vacancies......... III 5(d) Filling of vacancies III 5(c) Forfeiture of office III 5(b) Generally III 5(a) VILLAGE MANAGER Acting village manager N 4 Appointment N 2(a) Compensation N 2(c) Designation N 1 Powers and duties . . . . N 5 Removal N 2(b) Vacancy in office N 3 r.~ 2934 r CODE INDEX Section Section BUSINESS REGULATIONS (Cont'd.) CLUBS Refund of fee 17-34.9 Country club 9-1 et seq. Registration required 17-34.1 See: COUNTRY CLUB Renewal 17-34.4 Suspension or revocation of certificate . 17-34.9 COASTAL CONSTRUCTION CODE Coastal construction requirements When due and payable 17-34.3 Location of construction........ , 6-155(4) Garage and other sales 17-61 et seq. See: GARAGE AND OTHER SALES Major structures, structural require- 17-2(a) et se ments for 6-155(1) Home occupations.............. q' Minor structures, structural require- See: HOME OCCUPATIONS ments for 6-155(3) Occupational licenses 17-16 et seq. See: LICENSES AND PERMIT Nonhabitable major structures, struc- Wellfield protection tural requirements for 6-155(2) Regulation of business activities with Public access 6-155(5) potential to contaminate land and Definitions 6-154 water resources 19-221 Flood damage prevention..,............. 12.5-1 et seq. Zoning See: FLOOD DAMAGE PREVENTION Location of business for retail sales of Purpose 6-152 alcoholic beverages 45-20(2), 45- References 6-156 36.N Scope C-3 Regional Business District...... 45-34.1(9) Applicability 6-153(a) Exceptions 6-153(b) C Permits, application for. 6-153(c) Title 6-151 CABLE TELEVISION. See: TELEVISION CODE ENFORCEMENT BOARD CAMPING Alarm regulations, enforcement re 19-217 Recreational, boating and camping equip- Applicability 2-173 went; parking on residential property Declaration of legislative intent 2-171 restricted 18-35 Definitions 2-172 CANALS Enforcement procedure 2-175 Fines; liens Construction requirements 5-56 et seq. Appeals.............................. 2-180 See: BOATS, DOCKS AND WATER- Copies of orders imposing fines........ 2-178(d) WAYS Determination of amount of fine....... 2-178(b) CATS Duration of lien 2-179 Regulations enumerated 4-24 et seq. Generally............................ 2-178(a) See: ANIMALS AND FOWL Notices . 2-181 Reduction of fine 2-178(c) CERTIFICATES Hearing, conduct of 2-176 Appearance code; certificate of appropriate- Organization ness 6-56 et seq. Attorney............................. 2-174(c) See: BUILDINGS Officers; quorum; compensation 2-174(b) Boats, docks and waterways; unlawfully Qualifications and term . 2-174(a) anchored or moored vessels Powers 2-177 • Unclaimed vessel to be sold; certifica- tion of sale 5-21 CODE OF ORDINANCES* Businesses located outside village limits, Altering Code 1-7 certificate of business regulations re. 17-34 et seq. Amendments 1-6 See: BUSINESS REGULATIONS Catchlines 1-3 Emergency medical services 11.5-21 Court cost Historic site overlay district; certificate of Assessment of additional court costs for appropriateness 45-37(H) criminal justice education expendi- CIVIL DISORDERS AND DISTURBANCES. tures 1-9 See: EMERGENCY MANAGEMENT Definitions and rules of construction 1-2 CLERK *Note-The adoption, amendment, repeal, omissions, effec- Department of records, provisions re vil- tive date, explanation of numbering system and other matters lage clerk and deputy village clerk 2-67 et seq. pertaining to the use, construction and interpretation of this See: DOCUMENTS AND PUBLIC Code are contained in the adopting ordinance and preface RECORDS which are to be found in the preliminary pages of this volume. Supp. No. 23 2939 i I I i NORTH PALM BEACH CODE Section Section CODE OF ORDINANCES (Cont'd.) COURTS Designated and cited 1-1 Court cost References to chapters or sections 1-3 Assessment of additional court costs for Repeal of ordinances, effect o£ 1-4 criminal justice education expendi- Severability of parts 1-5 tares 1-9 Village clerk, duties re recording ordi- nances 2-67(3) Violations and penalty 1-8 D COIN-OPERATED AMUSEMENTS DECALS Proximity to schools restricted 19-4 Combat Auto Theft (CAT) 18-19 COMBAT AUTO THEFT (CAT) DEPARTMENTS AND OTHER AGENCIES Establishment, regulations 18-19 OF VILLAGE Administrative code 2-39 et seq. COMMITTEES, COMMISSIONS. See: DE- See: ADMINISTRATIVE CODE PARTMENTSANDOTHERAGENCIES Appearance board. See: APPEARANCE OF VILLAGE PLAN (Appendix A) COMMUNICATIONS Code enforcement board 2-171 et seq. Telecommunications Committees and boards generally; resi- Generall 29-1 et se dency requirements 2-1 y " " " " " " " " " " " " q' Country club advisory board 9-16 et seq. See: TELECOMMUNICATIONS Service tax 26-51 et seq. See: COUNTRY CLUB See: TAXATION Finance, department of 2-59 See: FINANCES COMPUTATION OF TIME Fire and police retirement board of trust- Definitions and rules of construction 1-2 ees 2-164 et seq. See: PENSIONS AND RETIREMENT CONCURRENCY MANAGEMENT Fire division 12-29 et seq. Provisions enumerated 21-41 et seq. See: FIRE PREVENTION AND PRO- See: PLANNINGAND DEVELOPMENT TECTION General employees retirement board 2-151 et seq. COUNCIL. See: VILLAGE COUNCIL See: PENSIONS AND RETIREMENT COUNTRY CLUB Library board 16-16 et seq. Advisory board Library, department of 2-93 Compensation 9-19 Meetings of boards and commissions; ad- Composition 9-17(x) journment of 2-3 Created 9-16 Meetings of specific boards, etc. See spe- Duties cific subjects Administrator 9-21(b) Planning and development board of adjust- Budget 9-21(d) went.............................. 21-21 Management and administration.... 9-21(x) Planning commission 21-11, 21-12 Village employees 9-21(c) Public safety, department of 2-75, 2-76 Meetings 9-20 See: PUBLIC SAFETY DEPARTMENT Officers' quorum 9-19 Public services, department of 2-84, 2-85 Removal 9-18 See: PUBLIC SERVICES DEPART- Terms 9-17(b) MENT Vacancies 9-17(c) Records, department of.................. 2-67 et seq. Finances See: DOCUMENT AND PUBLIC Delinquent accounts; penalties 9-32 RECORDS ~ Premises Recreation department 2-110 Disfiguration and/or removal of building Recreation advisory board 20-61 et seq. or other property 9-1(1) See: PARKS, PLAYGROUNDS AND Enforcement 9-2 RECREATION Hours, 9-1(2) Reserve police force 23-42 et seq. Signs 9-2 See: POLICE Violations and penalties 9-2 Village council 2-16 et seq. COUNTY DEVELOPMENTS. See: PLANNINGAND DE- Definitions and rules of construction 1-2 VELOPMENT Sapp. No. 23 2940 i CODE INDEX Section Section INVESTMENTS LANDSCAPING (Cont'd.) Investment policy of the village 2-4 Definitions 27-31 Improved nonresidential properties in ex- J istence on September 23, 1971 Applicable requirements 27-40(b) JOINT AUTHORITY Exceptions 27-40(c) Definitions and rules of construction 1-2 Objectives 27-40(a) JUNK Planning commission, submission of plans Abandoned, inoperative and junked prop- to 27-40(d) Objectives 27-32 erty 14-37 et seq. See: GARBAGE AND TRASH Off-street parking landscape manual 27-38 Plot use plan approval prerequisite to issu- H ante of permits for building and pav- ing 27-37 KNIVES. See: FIREARMS AND WEAPONS Refuse container areas 27-41 Scope; applicability 27-34 L Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH LAKE WORTH Zoning ordinance, conflict with........... 27-39 Marine sanctuary, designation as 5-101 Regulations governing construction of docks, LIBRARY piers in Lake Worth and Atlantic Damaging property unlawful 16-1 Ocean 5-85 Department of library Librarian 2-93 LAND Library board Buildings; construction on public land pro- Appointment 16-17 hibited 6-1 Compensation,seivice without........ 16-20 Planning and development 21-O1 et seq. Composition 16-17 See: PLANNINGAND DEVELOPMENT Established 16-16 Subdivision regulations 36-1 et seq. Meetings 16-23 See: SUBDIVISIONS (Appendix B) Organization 16-21 LANDSCAPING Powers and duties 16-22 Accessways 27-36 Qualifications........................ 16-19 Appearance plan (Appendix A). See that Removal from office 16-24 subject Term of office 16-17 Application of provisions; enforcement.... 27-33 Vacancies 16-18 Certain yard areas, off-street parking and other vehicular use areas LICENSES AND PERMITS Existing plant material 27-67 Alarm permit........................... 19-208 et seq. Installation 27-60 See: ALARMS Maintenance 27-61 Boat launching area permits............. 5-34 Parking area interior landscaping 27-65 Boats, docks and wateitivays Perimeter landscaping relating to abut- Limitation on anchoring and mooring in ting properties 27-64 prohibited area; mooring permit Plant material required 5-17 Ground covers 27-62(e) Bulkhead lines; filling permit............ 7-16 et seq. Lawn grass 27-62(f) See: BULKHEAD LINES uaht 27-62(a) Bulkheads and seawalls 5-72 Q ' y Shrubs and hedges 27-62(c) Code enforcement board, applicability re.. 2-173 Tree species 27-62(b) Driveways. See herein: Sidewalk and Drive- Vmes 27-62(d) way Permits Required landscaping adjacent to public Emergency medical services 11.5-21 rights-of-way 27-63 Flood damage prevention development per- Scope, applicability 27-59 mit............................... 12.5-22 Sight distance adjacent to public rights- Garage, related sales 17-62 • of-way and points of access....... 27-66 Home occupations. See also that subject Certificate of completion 27-35 Generally............................ 17-16 et seq. Code enforcement board, applicability re.. 2-173 Occupational license for home occu- Completed landscaping required for certif- patrons 17-2(c) et seq. icate of use and occupancy.......... 27-37 Noise control; special permits excepted 19-119 Supp. No. 24 2945 NORTH PALM BEACH CODE Section Section LICENSES AND PERMITS (Cont'd.) LOUDSPEAKERS Occupational licenses Noise control policy re loudspeakers and Application for 17-18 devices for advertising 19-105 Commercial vehicles, marking of 17-33.1 Compliance by principal deemed compli- M ante by agent 17-29 Delinquency penalty 17-20 MANAGER. See: VILLAGE MANAGER Doing business not covered by license.. 17-28 MANGROVE STANDS Duplicate licenses 17-27 Flood damage prevention provisions...... 12.5-45 Duration 17-19 False statements MAPS. See: SURVEYS, MAPS AND PLATS Engaging in business without license or under license issued on 17-32 MARINE SANCTUARIES License obtained by void ab initio 17-28 Designated 5-101 Half-year license 17-19 MAY, SHALL Home occupations. See also that subject Defmitions and rules of construction 1-2 Generally 17-16 et seq. Occupational license for home oc- MAYOR cupations 17-2(c) et seq. Civil disorders and disturbances Issuance 17-19 Mayor designated local authority for pres- Noncompliance of principal............ 17-29 eivation of public peace.......... 8-21 Nonprofit enterprise, special permit for 17-22 Village council; presiding officer at meet- Posted or carried, license to be 17-26 ings 2-18 Refund of fee 17-30 MEASURES. See: WEIGHTS AND MEA- Registration required 17-17 SURES Renewal 17-20 Required; basis of one year 17-16 Specified professions, how tax construed as to 17-21 Suspension or revocation 17-30 Tax exemptions 17-31 Tax schedule 17-33 Transfer of license New location 17-25 New owner 17-24 Variable factors within applicant's knowl- edge, declaration where fee de- pends on 17-23 When due and payable 17-19 Park and recreation facilities; meeting and gatheizng permits 20-31 et seq. See: PARKS, PLAYGROUNDS AND RECREATION Public services department, division of per- mits and inspections 2-85(1) Seawalls. See herein: Bulkheads and Sea- walls Sidewalk and driveway permits.......... 24-55 et seq. See: STREETS, SIDEWALKS AND PUB- LIC PLACES Street excavation permits 24-28, 24-29 Swimming pool permits 25-3 Utilities Use ofrights-of--way for utilities; written permit 28-2, 28-3 LOTS Subdivision design standards 36-18 Zoning regulations 45-1 et seq. See: ZONING (Appendix C) Supp. No. 24 2946 CODE INDEX Section Section PARKS, PLAYGROUNDSAND RECREATION PENSIONS AND RETIREMENT (Cont'd.) (Cont'd.) Direct transfers of eligible rollover dis- Vacancies 20-62(c) tribution........................ 2-170 Restrooms, failure to cooperate in keeping Discharged members 2-169(a) neat or sanitary 20-2 False, misleading statements made to Traffic obtain retirement benefits prohib- Enforcement of traffic regulations 20-5(2) ited 2-169(f) Operation confined to roads........... 20-5(5) Incompetents 2-169(d) Parking areas designated 20-5(6) Insurers, tax on...................... 2-167 Signs 20-5(3) Membership Speed of vehicles 20-5(4) Application for membership 2-160(b) State motor vehicle laws 20-5(1) Buy-back of previous service........ 2-160(d) Trees Changes in designation of beneficiary 2-160(c) Climbing trees, etc 20-4 Conditions of eligibility............. 2-160(a) Use by public only 20-1 Nonassignability 2-169(b) Number and gender 2-169(e) PENALTIES. See: FINES, FORFEITURES Optional forms of benefits 2-162 AhTD OTHER PENALTIES Pension vahdit 2-169(c) . . y PENSIONS AND RETIREMENT Repeal or termination of plan 2-168 Length of service award plan for volunteer Tax on insurers 2-167 firefighters Pension and certain other benefits for gen- Benefit formula 2-170.6 eral employees Contact person 2-170.10 Benefit amounts and eligibility Effective date 2-170.3 Direct transfers of eligible rollover Eligibility 2-170.4 distribution 2-157 Entitlement age 2-170.5 Early retirement................... 2-148(d) Plan, name of 2-170.2 Late retirement.................... 2-148(c) Point system 2-170.11 Preretirement death 2-148(e) Preretirement death benefit........... 2-170.7 Retirement benefit 2-148(b) Purpose 2-170 Retirement date 2-148(a) Sponsor, name of 2-170.1 Termination of employment......... 2-148(f) Trustee and contact person............ 2-170.10 Benefit plan no. 2, optional (cost of liv- Vesting provisions, schedule of 2-170.8 ing adjustment) 2-158.1 Village contributions 2-170.9 Benefit plan, optional Pension and certain other benefits for fire Applicability to employees 2-158(a) and police employees Member contributions Benefit amounts Amount 2-158(d)(1) Cost of living 2-161(g) Duration........................ 2-158(d)(2) Disability retirement 2-161(e) Guaranteed refund 2-158(d)(4) Early retirement 2-161(b) Interest......................... 2-158(d)(3) Formula 2-161(c) Retirement benefit................. 2-158(c) Limitation on 2-161(h) Retirement date 2-158(b) Normal retirement benefit.......... 2-161(a) Definitions 2-146 Preretirement death 2-161(d) Discharged members 2-156(a) Termination benefits and vesting.... 2-161(f) Incompetents 2-156(d) Board of trustees Membership Bring and defend lawsuits Application for membership 2-147(b) Powers 2-164(e) Change in designation of beneficiary 2-147(c) Composition 2-164(a) Conditions of eligibility............. 2-147(a) Forfeiture of membership on board Nonassignability 2-156(b) for absenteeism 2-164(b) Normal and optional forms of benefits . 2-149 Meetings 2-164(d) Pension validity...................... 2-156(c) Power and authority 2-166 Repeal or termination of system 2-155 Reports and records 2-164(c) Retirement board Contributions Additional rules and regulations au- Employer 2-163(c) thorized...................... 2-152 Forfeitures 2-163(d) Established. 2-151 Member 2-163(a) Investing funds; custodian of securi- State 2-163(b) ties.......................... 2-153 Definitions 2-159 Oaths of office; meetings; quorum 2-154 Supp. No. 24 2949 NORTH PALM BEACH CODE Section Section PENSIONS AND RETIREMENT (Cont'd.) PLANNINGAND DEVELOPMENT (Cont'dJ Social secuizty 2-136 et seq. Regulatory program I See: SOCIAL SECURITY Exemptions 21-47(b) Volunteer firefighters, length of service Generally 21-47(a) award plan for. See herein: Length of Public facility adequacy, review to de- Service Award Plan for Volunteer termine 21-47(c) Firefighters Short title 21-41 PERMITS. See: LICENSES AND PERMITS Filing fees and costs for voluntary annex- ation of land PERSON Enactment and authority 21-2(a) Definitions and rules of construction 1-2 Fees: application 21-2(c) Jurisdiction 21-2(b) PIERS Planning commission, advice of........ 21-2(d) Docks and piers, construction require- Stormwater management 21-61 et seq. ments re 5-81 et seq. See: STORMWATER MANAGEMENT See: BOATS, DOCKS AND WATER- Subdivision regulations 36-1 et seq. WAYS See: SUBDIVISIONS (Appendix B) PLANNING AND DEVELOPMENT Zoning regulations 45-1 et seq. A earance lan (A See: ZONING (Appendix C) pp p ppendix A). See that subject PLANNING COMMISSION Archaeological site protection regulations . 21-101 et seq. Composition; conduct generally See: ARCHAEOLOGICAL SITE PRO- Created 21-11(a) TECTION Meetings 21-11(c) Board of adjustment Memberslu 21-11(b) Composition; conduct generally P " " " " " " " " " " " " ' Administrative orders, review of 21-21(d) Powers and duties 21-11(d) Created 21-21(a) Zoning ordinances, changes to 21-12 Decision of administrative official, ap- PLATS. See: SURVEYS, MAPS AND PLATS peals to board fi•om 21-21(e) / Hearing of appeals 21-21(g) PLAYGROUNDS. See: PARKS, PLAY- Judicial review of decisions of board. 21-21(h) GROUNDS AND RECREATION Membership; terms; alteiziate; com- pensation 21-21(b) POLICE Powers and duties 21-21(c) Court cost Stay of work and proceedings on ap- Assessment of additional court costs for peal 21-21(f) criminal justice education expendi- Comprehensive plan tares 1-9 Adoption 21-01 Department of public safety, provisions re Filing fees and costs for changes police division 2-76(b) Enactment and authority........... 21-1(a) See: PUBLIC SAFETY DEPARTMENT Fee;. application 21-1(c) Elections; policemen to be present at poll- Jm~sdiction 21-1(b) ing Place.......................... 10-77 Planning commission, advise of 21-1(d) Fire division, provisions re police assis- Concurrency management tance 12-43 Adequate public facilities available to Impersonating police officer 19-8 service development 21-45 Pension and certain other benefits for fire Application 21-42 and police employees............... 2-159 et seq. Definitions 21-44 See: PENSIONS AND RETIREMENT Intent and purpose Reserve force Comprehensive plan, implementa- Application for membership 23-43 tion of 21-43(a) Compensation........................ 23-50 Management/monitoring and regula- Created; purpose 23-42 toffy program, establishment of 21-43(b) Director of public safety, appointment to Minimum requirements 21-43(c) serve by 23-45 Management and monitoring program Oath required 23-47 Amendments to CIE and annual bud- Powers and duties 23-48 get, recommendations on 21-46(c) Reserve list to be maintained 23-44 Annual public facilities update report 21-46(b) Resignation 23-46 Generally 21-46(a) Uniforms and insignia 23-49 j ~ Sapp. No. 24 2950 I I t CODE INDEX Section Section STREETS, SIDEWALKS AND PUBLIC SUBDIVISIONS (Appendix B) (Cont'd.) PLACES (Cont'd.) Minimum street design specifications 36-19(5) Smoke, dust, odors, liquids, etc........... 19-9 Minor streets 36-19(1) Spitting in public places prohibited....... 19-5 Railroads or limited access highway, Stormwater management, applicable pro- subdivisions on 36-19(3) visions re 21-62, 21-65 Street names...................... 36-19(9) Subdivision regulations 36-1 et seq. Subdivision entrances 36-25 See: SUBDIVISIONS (Appendix B) Water bodies, access to 36-24 Swale areas, sodding required in certain Enactment and authority 36-2 instances 24-3 Enforcement provisions Trees in swale areas 27-16 et seq. Appeals.............................. 36-35 See: TREES AND SHRUBBERY Erection of buildings and issuance of Utilities permits 36-38 Public utilities, cost of changing or re- General enforcement regulations 36-36 moval of 24-4 Land clearing, vegetation and wildlife Use of rights-of--way for utilities 28-1 et seq. protection and preservation See: UTILITIES Application procedure for vegetation • removal unrelated to building SUBDIVISIONS (Generally) permit applications 36-38.1(3) Appearance plan (Appendix A). See that Exceptions 36-38.1(5) subject Fees 36-38.1(6) Code enforcement board, applicability re.. 2-173 Generall 36-38.1(1) y Flood damage prevention provisions...... 12.5-41(4) Vegetation protection during construc- Zoning regulations 45-1 et seq. tion.......................... 36-38.1(4) See: ZONING (Appendix C) Vegetation removal permit, applica- SUBDIVISIONS (Appendix B) tion procedure 36-38.1(2) (Note~ection contained herein refer to Required improvements 36-37 sections found within Appendix B) Vegetation. See within this subheading: Amendments Land Clearing, Vegetation and Public hearing required 36-39.1 Wildlife Protection and Preseiva- Definitions tion General terms 36-5 Wildlife protection and preservation. See Specific terms 36-6 within this subheading: Land Clear- Design standards ing, Vegetation and Wildlife Protec- Alleys 36-20 tion and Preservation Blocks. See within this subheading: Lots Jurisdiction 26-3 and Blocks Legal status Comprehensive plan, conformity with.. 36-17(1) Conflicting regulations 36-41 Easements and i~ghts-of--way Effective date 36-42 Access waterways 36-22(c) Saving clause........................ 36-40 Drainage 36-22(b) Plats, platting Utilities 36-22(a) Procedures for subdivision plat approval. Lots and blocks See herein that subject Access 36-18(3) Procedures for subdivision plat approval Block lengths 36-18(6) Construction plan specifications 36-13 Double frontage lots 36-18(5) Construction plans procedure Lot lines 36-18(4) Preparation of construction plans 36-12(1) Lot size 36-18(1) Submission and review of construc- Residencelots, minimum 36-18(2) tion plans 36-12(2) Public sites and open spaces 36-23 Surety device, posting of 36-12(3) Rights-of--way. See within this subhead- Final plat procedure ing: Easements and Rights-Of--Way Application for final plat approval... 36-14(2) Sidewalks 36-21 Generally 36-14(1) Soil and flood hazards, consideration of 36-17(2) Planning commission action 36-14(4) Streets Planning commission review........ 36-14(3) - Adjoining property, street access to.. 36-19(7) Recording of final plat 36-14(6) Arterial streets, subdivisions on..... 36-19(2) Village council action 36-14(5) Culs-de-sac 36-19(6) Final plat specifications............... 36-15 Half streets 36-19(8) General prerequisites to 36-7 Intersection design 36-19(4) Pre-application conference 36-9 Supp. No. 24 2953 NORTH PALM BEACH CODE Section Section SUBDIVISIONS (Appendix B) (Cont'dJ SWIMMING Preliminary plat procedure Bathing regulations; diseased persons pro- . Application for preliminary plat ap- hibited from bathing in public pool, proval 36-10(1) etc. 19-3 Developments of regional impact.... 36-10(2) Restricted waters, swimming in.......... 5-3 . Effect of approval 36-10(9) SWIMMING POOLS Failure of planning commission to Barrier/fencing requirements 25-5 take action 36-10(8) Code enforcement board, applicability re.. 2-173 Fees 36-10(3) Construction 25-4 Notification of action 36-10(7) Country club premises regulations 9-1 Planning commission action 36-10(6) Definitions 25-1 Planning commission review........ 36-10(5) Elevation 25-6 Review comments 36-10 4 Final approval 25-7 Preliminary plat specifications 36-11 Grade 15-11 Qualification of person making survey . 36-8 permits 25-3 Reversion of subdivided land to acreage 36-16 Setbacks 25-2 Purpose and intent 36-4 Required improvements SWITCHBLADE KNIVES Bikeways 36-29.1 Sale prohibited 19-185(a) Bridges 36-30 General requirements 36-26 T Monuments TAXATION Permanent control points........... 36-27(b) Permanent reference monuments 36-27(a) Insurance excise taxes 26-16, 26-17 Occupational licenses 17-16 et seq. Planned unit development alternatives. 36-34 See: LICENSES AND PERMITS Screening walls and landscaping 36-33 pension and certain other benefits for fire Sidewalks 36-29 and police employees Storm water management 36-31 Tax on insurers...................... 2-167 Streets Telecommunications service tax Arterial and collector streets........ 36-28(a) Collection 26-52 Curb and gutter 36-28(c) Compensation........................ 26-54 Marginal access streets 36-28(b) Exemptions.......................... 26-53 Pavement base 36-28(f) Levy 26-51 Subgrade 36-28(e) Rate................................. 26-51 Swales 36-28(d) Utility tax.............................. 26-29 et seq. Wearing surface 36-28(g) See: UTILITY TAX Utilities Sanitary sewer 36-32(a) TELECOMMUNICATIONS Septic tanks 36-32(e) Compliance with other laws; police power. 29-10 Underground utilities 36-32(d) Construction bond 29-13 Water and sewer systems........... 36-32(c) Definitions 29-3 Water su 1 36-32(b) Enforcement remedies 29-15 PP Y•••••••••••••••••••••• Fees and payments 29-5 Wells Force majeure 29-16 Individual wells prohibited in cer- Insurance; surety indemnification 29-12 tarn areas of village 36-32(f) Intent and purpose 29-2 Short title 36-1 Registration 29-4 SURVEYS, MAPS AND PLATS Involuntary termination 29-9 Reports and records 29-6 Official zoning map 45-17 Rights-of--way, use 29-8 Subdivision regulations 36-7 et seq. Secm-ity fund........................... 29-14 See: SUBDIVISIONS (Appendix B) Service tax, generally 26-51 et seq. See: TAXATION SWALE AREAS Title 29-1 Sodding required in certain instances 24-3 Transfer of control; sale or assignment 29-11 Trees in swale areas 27-16 et seq. Underground installation; relocation 29-7 See: TREES AND SHRUBBERY TELEPHONES SWEAR OR SWORN. See: OATH, AFFIRMA- Alarms; interference with public safety de- TION, SWEAR OR SWORN partment trunk line prohibited 19-215 Supp. No. 24 2954 CODE INDEX Section Section TELEVISION V Cable television rate regulation 17-1 VILLAGE TENSE Definitions and ivles of construction 1-2 Definitions and rules of construction 1-2 VH,LAGE COUNCIL THEFT Compensation 2-16 Combat Auto Theft (CAT) 18-19 Definitions and rules of construction 1-2 Elections; village council to constitute can- TIME vassing board 10-11 Definitions and rules of construction 1-2 Meetings Adjournment of all meetings 2-19 TRAFFIC. See: MOTOR VEHICLES AND Regular meetings TRAFFIC Presiding officer 2-18 When held 2-17 TRAILERS Rules of procedure. See herein that sub- Personal recreational use trailers; parking ject on residential property restricted 18-35 Rules of procedure Order of business 2-26 TRASH. See: GARBAGE AND TRASH Parliamentary rules 2-27 TREES AND SHRUBBERY Village clerk, duties re 2-67 Code enforcement board, applicability re.. 2-173 VILLAGE MANAGER Landscaping 27-31 et seq. Administrative code, provisions re 2-39 et seq. See: LANDSCAPING See: ADMINISTRATIVE CODE Missiles, throwing 19-83 Bond................................... 2-117 Parks and recreation facilities; climbing Budget 2-118 trees, etc 20-4 Budget procedures, duties re............. 2-2 Swale areas, trees in Removal 2-116 Defimitions 27-16 Residency.............................. 2-115 Maintenance 27-20 VOYEURISM Planting and removal; written approval Window peeping prohibited 19-66 required 27-17 Scope 27-19 Variety and location 27-18 WALLS. See: FENCES, WALLS, HEDGES jJ AND ENCLOSURES UTILITIES WATER SHORTAGE EMERGENCIES Flood damage prevention provisions...... 12.5-41(3), (5) Application 19-201 Definitions 19-200 Franchises enumerated. See Appendix D Enforcement Street construction work; cost of changing Emergency power 19-204 or removal of public utilities 24-4 Generall 19-203 Subdivision design standards re easements y ~ ~ ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' Implementation and rights-of--way 36-22(a) Exemptions 19-202(b) Subdivisions, required improvements re 36-32 permanent restrictions 19-202(a) Telecommunications service tag 26-51 et seq. Sanitation, exception to maintain 19-205 See: TAXATION Violations and penalties 19-206 Use of rights-of--way for utilities Code enforcement board, applicability WATER SUPPLY AND DISTRIBUTION re 2-173 Stormwater management................ 21-61 et seq. Rules and regulations adopted 28-1 See: STORMWATER MANAGEMENT Written permit (fianchise) Wellfield protection 19-220, 19-221 Contents 28-3 Zoning; C-3 Regional Business District Required; term 28-2 Surface water management........... 45-34.1(8) UTILITY TAX WATERWAYS. See: BOATS, DOCKS AND WATERWAYS Collection 26-30 Exemption 26-31 WEAPONS. See: FIREARMS AND WEAP- Levied;rate 26-29 ONS Supp. No. 24 2955 i NORTH PALM BEACH CODE ~- - Section Section WEEDS AND BRUSH Lien Recorded statement ofremoval costs con- stitutes lien; collection 14-83 Notice to destroy 14-80 Owner to bear costs of removal 14-82 Prohibited over certain height 14-79 Removal by village 14-81 WEEK Definitions and rules of construction 1-2 WEIGHTS AND MEASURES Motor vehicle operation; weight limitations on certain roads 18-18 Noise measurement procedure 19-113 WELLFIELD PROTECTION Business activities with potential to con- taminate land and water resources, regulation of 19-221 County wellfield protection ordinance adopted by reference 19-220 WRITTEN, IN WRITING Definitions and rules of construction 1-2 Y YARDS AND OPEN SPACES Landscaping 27-31 et seq. See: LANDSCAPING Zoning regulations 45-27 et seq. See: ZONING (Appendix C) YEAR Definitions and rules of construction 1-2 Z ZONING (Generally) Appearance plan (Appendix A). See that subject Code enforcement board, applicability re.. 2-173 Home occupations 17-2(a) et seq. See: HOME OCCUPATIONS Landscaping; conflict with zoning ordi- nance 27-39 Planning commission; changes to zoning ordinances 21-12 Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) Supp. No. 24 2956 [The next page is 2965] CODE INDEX Section Section ZONING (Appendix C) ZONING (Appendix C) (Cont'dJ (Note-Sections contains herein refer to Floor area 45-32(F) sections contained within Appendix Height 45-32(B) C) Permitted uses 45-32(A) Adult entertainment establishments Site azea 45-32(C) Administrative requirements; supple- Yards and open spaces 45-32(D) mental C-3 Regional Business District Plan review 45-20(8)(b) Height............................... 45-34.1(5) Rules of construction 45-20(8)(a) Landscaping.... 45-34.1(4) Definitions 45-20(3) Location of business for retail sales of Disclosure of names aliases and dates of alcoholic beverages 45-34.1(9) birth of employees 45-20(10) Lot coverage; maximum................ 45-34.1(6) Display or exposure of specified anatom- Off-street loading and internal circula- ical area 45-20(9) tion 45-34.1(3) Enforcement 45-20(11) Off-street parking..................... 45-34.1(2) Findings of fact 45-20(2) Permitted uses....................... 45-34.1(1) Legislative intent 45-20(1) Setbacks..... 45-34.1(5) Measurement of distance 45-20(5) Signs................................ 45-34.1(7) Nonconforming uses 45-20(7) Special C-3 Planned Unit Development Prohibited locations 45-20(4) (PUD) provisions........,....... 45-34.1(10) Variance, none 45-20(6) Surface water management........... 45-34.1(8) Alcoholic beverages. See also that subject C-A Commercial District _ _ Location of business for retail sales of Architecture 45-31(J) alcoholic beverages 45-20(2), 45- Conditions for permitted uses 45-31(C) 36.N Floor azea 45-31(I) C-3 Regional Business District...... 45-34.1(9) General description 45-31(A) Amendments Height 45-31(D} Changes and amendments 45-5 Off-street pazking and loading 45-31(G) Fees; waiting periods Off-street pazking lot layout, construc- Application for variances 45-50 tion and maintenance 45-31(II} Applications for rezoning, etc........ 45-49 Permitted uses 45-318) Antenna and antenna towers 45-21 Yards and open spaces 45-31(F) Architecture CB Commercial District C-A Commercial District 45-31(J) Architecture 45-31.1(J) CB Commercial District 45-31.1(J) Conditions for permitted uses 45-31.1(C) Automotive Commercial District Floor azea 45-31.1(I) Development standards 45-34(B) General description................... 45-31.1(A) Use and operating restrictions......... 45-34(C) Height 45-31.1(D) Uses permitted 45-34(A) Off-street pazking and loading 45-31.1(G) Buildings Off-street parking lot layout, wnstruc- C-1 Neighborhood Commercial District. 45-33(C) tion and maintenance............ 45-31.1(H) District regulations, buildings and uses Permitted uses 45-31.18) to conform to 45-19 Site area....... 45-31.1(E) Floor area regulations. See herein: Floor Yards and open spaces 45-31.1(F) Area CC Transitional Commercial District Height regulations. See herein: Height Building height regulations 45-32.1(D) Nonconforming uses of land and strut- Building site azea regulations 45-32.1(E) tares. See herein that subject Conditions for permitted uses 45-32.1(C) Site area regulations. See herein: Site General description 45-32.1(A) Area Off-street parking layout 45-32.1(H) C-1 Neighborhood Commercial District Off-street parking regulations 45-32.1(G) Building and floor azea regulations 45-33(C) Uses permitted 45-32.1(B) Floor azea 45-33(F) Yards................................ 45-32.1(F) Heights 45-33(B) Changes and amendments............... 45-5 Off-street pazking 45-33(E) Conflict of provisions.................... 45-4 Permitted uses 45-33(A) C-OS Conservation and Open Space Dis- Conditions for permitted uses...., 45-33(G) trict Yazd space regulations 45-33(D) Coastal zone protection 45-35.2(C) C-lA Limited Commercial District Intent 45-35.2(A) Conditions for permitted uses 45-32(G) Permitted uses 45-35.2(B) Sapp. No. 15 2965 NORTH PALM BEACH CODE - i Section Section ZONING (Appendix C) (ConfdJ ZONING (Appendix C) (Confd'J Definitions 45-2 Oceanfront land Adult entertainment establishments... 45-20(3) Ocean setback....... . 45-22 Rules of construction................ 45-20(8)(a) Official zoning map Historic site overlay district........... 45-37(b) Adopted by reference 45-17(1) Districts Boundary conflict interpretations:..... 45-18 Division of village into districts........ 45-16 Buildings and' uses to conform to district Enumerated 45-16 regulations 45=19 See also specific districts as indexed Changes 45-17(3) General provisions 45-36 Damaged, destroyed, etc............... 45-17(5) Floor area Identification 45-17(2) C-1 Neighborhood Commercial District. 45-33(C), (F) Location; final authority 45-17(4) C-lA Limited- Commercial District....... 45-32(F) Off-street loading and internal circulation C-A Commercial District 45-31(I) C-3 Regional- Business District 45-34.I(3) CB Commercial District 45-31.1(I) Off-street parking R-2' Multiple-Family Dwelling District . 45-28(E) C-1 Neighborhood Commerciale District. 45-33(E) R-3 Apartment Dwelling District .....-. 45-30(F) G1A Limited Commercial District..... 45-32(E) Height C-3 Regional Business District 45-34.1(2) C-1 Neighborhood Commercial District. 45-33(B) C-A Commercial District 45-31(G), (H) C-1A Limited Commercial' District 45-32(B) CB Commercial District.................. 45-31.1(G), fH)' C-3 Regional Business District 45-34.1(5) CC Transitional' Commercial District 45-32.1(G), {H) C-A Commercial District 45-31(D) R-1 Single-Family Dwelling Districts _ . 45'-27(E) CB Commercial District 45-31.1(D) R-2 Multiple-Family Dwelling.: District . 45-28(F) CC Transitional Commercial District- 45-32.1(D} R-3 Apartment Dwelling District 45-30(E) R-1 Single-Family Dwelling Districts 45-27(B) Open spaces. See herein: Yards and Open R-2 Multiple-Family Dwelling District . 45'-28(B) Spaces R-3 Apartment Dwelling District 45.30(B) Parking Historic site overlay district Off-street loading and internal circula- Definitions 45-37(b) tion. See herein that subject Local register of historic sites Off-streetparkingregulations. See herein: Creation of 45-37(C) Off-Street Parking Initiation of placement on 45-37(D) Permitted- uses- Placement on 45-37(E) Automotive Commercial District........ 45-34(A) Certificate of appropriateness....... 45-37(H) C-1 Neighborhood Commerciale District. 45-33(A), (G) Criteria for listing on 45-37(F) C-1A Limited Commercial' District...... 45-32(A} (G) Effect of listing on 45-37(G) C-2 General Commercial District 45-34(A) Purpose 45-37(a) C-3 Regional Business District.......... 45-34.1(1) Interpretation of provisions,.............. 45-3 C-A Commercial District............... 45-31(B),(C) Landscaping CB Commercial District 45-31.1(B), (C) G-3 Regional Business District 45-34.1(4) CG Transitional Commercial District 45-32.1(B) Loading,. off street .See hereinr Off-Street C-OS Conservation and Open Space Dis- Loading and Internal Circulation trict 45-35.2(B) Lots R-1 Single-Family Dwelling. Districts 45-27(A) C-3 Regional Business District 45-34.1(6) R-2 Multiple-Family Dwelling District . 45-28(A) CB Commercial District 45-31.1(H) R-3 Apartment Dwelling District 45-30(A) Nonconforming lots of record 45-62 Planned unit development Map C-3 Regional Business District _ 45-34.1(10) Official zoning map. See herein that Filing of application 45-35.1(II) subject Planning commission Nonconforming uses of land and structures Action of 45.35.1(IV) Adult entertainment establishments 45-20(7) Referral to 45-35.1(III) Extension and enlargement 45-61 Statement of intent 45-35.1(I) Intent 45-60 Village council Land, nonconforming uses of.......... 45-63 Action of 45-35.1(V) Lots of record, nonconforming.......... 45-62 Effect of approval' of 45-35.1(VI) repairs and maintenance 45-66 Public. district Structures and premises in combina- Restricted uses....... 45-35 j tion, nonconforming uses of 45-65 R-1 Single-Family Dwelling District ~ Structures, nonconforming............ 45-64 Annexed land in 45-20 Temporary uses 45-67 Height............................... 45-27(B) Supp. No. 15 2966 CODE INDEX Section .- ZONING (Appendix C) (Cont'dJ Off-street Barking 45-27(E) Permitted uses 45-27(A) Site azea 45-27(C) Yazds and open spaces 45-27(D) R-2 Multiple-Family Dwelling District Community residential home regula- tions 45-28(G) Floor area 45-28(E) Height 45-28(B) Off-street parking 45-28(F) Permitted uses 45-28(A) Site azea 45-28(C) Yards and open spaces 45-28(D) R-3 Apartment Dwelling District Floor azea 45-30(F) Height 45-30(B) Off-street parking 45-30(E) Permitted uses 45-30(A) Site area 45-30(C) Yards and open spaces 45-30(D) Setbacks C-3 Regional Business District 45-34.1(5) Oceanfront land 45-22 Short title 45-1 Signs C-3 Regional Business District 45-34.1(7) -Site area C-lA Limited Commercial District 45-32(C) C-A Commercial District 45-31(E) CB Commercial District 45-31.1(E) CC Transitional Commercial District 45-32.1(E) R-1 Single-Family Dwelling Districts 45-27(C) R-2 Multiple-Family Dwelling District . 45-28(C) R-3 Apartment Dwelling District 45-30(C) Surface water management C-3 Regional Business District 45-34.1(8) Telecommunications antenna and antenna towers 45-21 Violation and penalty 45-6 Yazds and open spaces " C-1 Neighborhood Commercial District. 45-33(D) C-lA Limited Commercial District 45-32(D) C-A Commercial District 45-31(F) CB Commercial District 45-31.1(F) CC Transitional Commercial District 45-32.1(F) R-1 Single-Family Dwelling Districts 45-27(D) R-2 Multiple-Family Dwelling District . 45-28(D) R-3 Apartment Dwelling District 45-30(D) Supp. No. 15 2967 i III li t IIII