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Pages Replaced by Supplement #33 (- i TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages . . [1] PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. I.A. Vision Statement 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 10.1 Art. IV. Administrative 15 Art. V. Qualifications and Elections 17 Art. VI. Transition Schedule 18 Charter Comparative Table 65 I PART II CODE OF ORDINANCES Chapter 1. General Provisions ~7- 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, Audit Committee 139 Div. 3. Department of Finance 140 Div. 4. Department of Records 140.1 Div 5. Department of Public Safety 141 Div 6. Department of Public Services 141 Div. 7. Department of Library 142 Div. 8. Department of Country Club 142 Div 9. Department of Recreation 142 Art. IV. Manager 142.1 Art. V. Pensions and Retirement Systems 142.1 Div. 1. Generally 142.1 Div. 2. Social Security 142.1 Supp. No. 29 gi NORTH PALM BEACH CODE " Chapter Page Div 3. Pension and Certain Other Benefits for Gen- eral Employees 143 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 151 Div 5. Length of Service Award Plan for Volunteer Firefighters 161 Art. VI. Code Enforcement Board 163 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 II Art. III. Rabies Control 269 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 t 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 Art. V. Waterways Board 334 6. Buildings and Building Regulations 381 Art. I. Iri 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. IV. Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.16 Art. VII. Coastal Construction Code 398.16 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. 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 10. Elections 615 -. Art. I. In General 617 -.: Supp. No. 29 xij, 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 Art. 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 i 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 Art. III. Reserved 895 Art. IV. Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations......... 1051 Art. I. In General 1053 . Art. II. Occupational Licenses 1054.1 Art. III. Businesses Located Outside Village Limits 1060 Art. N Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales . 1063 Supp. No. 29 Xlii _ 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 1174.1 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 1242 20. Parks, Playgrounds and Recreation 1289 Art. I. In General 1291 Art. II. Meetings and Gatherings 1292 Div. 1. Generally 1292 '_a Div 2. Permit 1292 Art. III. Recreation Advisory Board 1293 ~- 21. Planning and Development 1343 Art. I. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. N Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection Regulations 1363 22. Reserved 1411 23. Police 14M Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places 1517 j 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. 29 xiv I I TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 1575 Art. III. Reserved 1576 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax 1629 Art. N Telecommunications Service Tax 1630 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1684 Div. 1. Generally 1684 Div 2. Reserved 1686 Div. 3. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 29. Telecommunications 1781 Appendices A. Appearance Plan 2043 i B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval 2358 Art. III. Design Standards 2365 Art. N Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments . 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art: I. In General 2481 Art. II. Generally 2485 Art. III. District Regulations 2486.2.4 Arts. N, V. Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises 2619 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Code Comparative Table-Laws of Florida 2873 Supp, No. 29 ~ NORTH PALM BEACH CODE 's'~" (I Page Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 i I Supp. No. 29 Xvi i I Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the -user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they .should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 83 25 iii 1 133 28 v, vi OC 135, 136 24 vii, viii OC 136.1, 136..2 24 ix OC 136.3, 136.4 24 x.i, x.ii 1 137, 138 23 x.iii 1 139, 140 28 xi, xii 28 140.1, 140.2 28 xiii, xiv 27 141, 142 22 xv, xvi 27 142.1, 142.2 22 1 25 143, 144 27 3, 4 25 145, 146 27 5, 6 25 146.1 27 7, 8 25 147, 148 24 9, 10 25 149, 150 27 11, 12 25 150.1 27 13, 14 25 151, 152 26 15, 16 25 153, 154 26 17, 18 25 155, 156 26 19 25 156.1, 156.2 ~ 26 65 25 156.3 26 77 OC 157, 158 25 79, 80 OC 159, 160 25 81, 82 25 161, 162 25 Supp. No. 28 [1] NORTH PALM BEACH CODE Page loo. ~upp.1>To. Page leTo. Cupp. No. 163, 164 25 671 2 165, 166 25 673 24 167, 168 25 695 13 169 25 697 13 211. OC 723 24 I'~ 213, 214 19 725 24 263 OC 726.1 13 265, 266 OC 727, 728 5 267, 268 27 729 5 269 27 777 OC ~ 319 OC 779, 780 OC ~ 321, 322 17 781, 782 OC 323, 324 16 783, 784 OC 325, 326 24 785, 786 OC 327, 328 27 787, 788 OC 329, 330 27 789 OC 331, 332 27 839 OC 332.1 27 889 OC 333, 334 20 891, 892 25 381 23 892.1 15 383, 384 27 893, 894 OC 385 24 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 27 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 398.11, 398.12 25 1051 OC 398.13, 398.14 25 1053, 1054 25 398.14.1, 398.14.2 25 1054.1, 1054.2 25 398.15, 398.16 8 1055, 1056 27 399, 400 OC 1057, 1058 27 401, 402 OC 1059, 1060 27 403 OC 1061, 1062 8 453 OC 1063, 1064 8 455, 456 22 1121 OC 507 22 1171 OC 509, 510 22 1173, 1174 28 511 22 1174.1 26 559 17 1175 19 561, 562 24 1225 OC 563, 564 24 1227, 1228 24 615 OC 1228.1 24 617, 618 OC 1229, 1230 21 619, 620 6 1231, 1232 21 I Supp. No. 2S [2] r- i CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1233,1234 21 1781 21 1235, 1236 21 1783, 1784 21 1237, 1238 16 1785, 1786 21 1239, 1240 27 1787, 1788 21 1241, 1242 27 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 25 1345, 1346 22 2046.1 25 1346.1 22 2047, 2048 OC 1347, 1348 OC 2049, 2050 OC 1349, 1350 OC 2051, 2052 OC 1351, 1352 14 2053 OC 1352.1 14 2353 OC 1353, 1354 OC 2355, 2356 OC 1355, 1356 OC 2357, 2358 OC 1357, 1358 OC 2359, 2360 22 1359, 1360 OC 2361, 2362 22 1361, 1362 5 2362.1 22 1363, 1364 5 2363, 2364 OC 1365, 1366 5 2365, 2366 OC 1367 5 2367, 2368 1 1411 OC 2368.1 1 1463 OC 2369, 2370 OC 1465, 1466 OC 2371, 2372 OC 1517 OC 2373, 2374 OC 1519, 1520 OC 2375, 2376 OC 1521, 1522 27 2377, 2378 22 1523 27 2379 22 1573 24 2479 9 1575, 1576 24 2481, 2482 23 1627 9 2483,2484 23 1629, 1630 27 2485, 2486 23 1631 27 2486.1, 2486.2 23 1681 OC 2486.2.1, 2486.2.2 23 1683, 1684 24 2486.2.3, 2486.2.4 27 1684.1, 1684.2 24 2486.3 27 1685, 1686 OC 2487, 2488 OC 1687, 1688 17 2488.1, 2488.2 18 1689, 1690 17 2489, 2490 18 1739 14 2491,2492 18 1741,1742 21 2493,2494 18 Supp. No. 28 [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2495, 2496 18 2513, 2514 OC 2497, 2498 21 2515, 2516 22 2499, 2500 21 2517, 2518 22 2501,2502 25 2619 21 2503, 2504 28 2819, 2820 26 2504.1, 2504.2 28 2869, 2870 OC 2504.3 28 2871 OC 2505, 2506 10 2873 OC 2507, 2508 13 2875, 2876 OC 2509, 2510 13 2877, 2878 OC 2510.1, 2510.2 25, Add. 2879, 2880 OC 2510.3, 2510.4 25, Add. 2881, 2882 14 2510.5, 2510.6 25, Add. 2883, 2884 14 2510.7 2510.8 25 Add. 2885 2886 19 2510.9, 2510.10 25, Add. 2887, 2888 25, Add. 2510.11, 2510.12 25, Add. 2889 28 2510.13, 2510.14 25, Add. 2933, 2934 25 2510.15, 2510.16 25, Add. 2935, 2936 28 2510.17, 2510.18 25, Add. 2937, 2938 28 2510.19, 2510.20 25, Add. 2939, 2940 28 2510.21, 2510.22 25, Add. 2940.1 28 2510.23, 2510.24 25; Add. 2941, 2942 24 , ° A 2510.25, 2510.26 25, Add. 2943, 2944 24 2510.27, 2510.28 ~ 25, Add. 2945, 2946 25 2510.29, 2510.30 25, Add. 2947, 2948 26 ' 2510.31, 2510.32 25, Add. 2949, 2950 25 2510.33, 2510.34 25, Add. 2950.1 24 2510.35, 2510.36 25, Add. 2951, 2952 27 2510.37, 2510.38 25, Add. 2953, 2954 25 2510.39, 2510.40 25, Add. 2955, 2956 25 2510.41, 2510.42 25, Add. 2965, 2966 28 2510.43, 2510.44 25, Add. 2967 25, Add. 2510.45, 2510.46 25, Add. 2510.47, 2510.48 25, Add. 2510.49, 2510.50 25; Add. 2510.51, 2510.52 25, Add. 2510.53, 2510.54 25, Add. 2510.55, 2510.56 25, Add. 2510.57, 2510.58 25, Add. 2511, 2512 23 2512.1, 2512.2 23 2512.3, 2512.4 23 2512.5, 2512.6 23 2512.7 23 Supp. No. 28 [4] I I I I CHARTER § 3 i said westerly right-of--way line being herein as- Subject to restrictions, reservations, easements sumed to be a line parallel to and 40 feet westerly and covenants of record, if any, to the extent that from the centerline of said road, and also being same are valid and enforceable. parallel to and 7 feet westerly from the westerly (Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95, right-of--way line of said road, as per Plat of 2-9-95; Ord. No, 24-96, 7-11-96; Ord. No. 33-96, Rivard Subdivision, as recorded in Plat Book 21, 8-22-96; Ord. No. 20-99, § 1, 5-27-99; Ord. No. page 12, and said point of beginning being 1145.6 16-2002, § 1, 5-23-02; Ord. No. 27-2002, § 1, feet northerly, measured along said right-of--way 9-26-02; 03-2003, § 1, 2-13-03; Ord. No. 10-2004, line, from the South line of said Section 17; thence 1(Exh. A), 7-8-04; Ord. No. 33-2004, § 1(Exh. westerly, at right angles to the .preceding course, A), 12-9-04) 128.06 feet, more or less, to a point in the westerly line of the Southeast Quarter of the Southwest ARTICLE III. LEGISLATIVE Quarter of said Section 17; thence northerly along said westerly line, 54.15 feet, more or less, to a Section 1. Village council; powers and com- point in a line parallel to, and 50 feet northerly position. from, measured at right angles to, the South line of the herein described parcel, thence easterly There shall be a village council with all legis- alongsaid parallel line, 107 feet more or less, to a lative powers of the village vested therein consist- point in said westerly right-of--way line of State mg of five (5) members who shall be electors of the Road A1A; thence southerly along said westerly village, who shall be elected by the electors of the right-of--way line, 50 feet, more or less, to the village. point of beginning. (Ord. No. 1-76, § 1, 2-19-76) PARCEL II: A parcel of land in Section 17, Town- Section 2. Election and terms. ship 42 South, Range 43 East, more particularly On the second Tuesday in March of each year a described as follows: general election shall be held to elect members of the village council. The selection of members of Beginning at a point in the westerly right-of--way the village council shall be by groups to be known line of State Road A1A, formerly State Road 176, as Groups 1, 2, 3, 4 and 5. The councilmen in said westerly right-of--way line being herein as- Groups 1, 3 and 5 shall be elected in the even sumed to be a line parallel to and 40 feet westerly years and councilmen in Groups 2 and 4 shall be from the centerline of said road, and also being elected in the odd years. The term of office of a parallel to, and 7 feet westerly from the westerly councilman shall commence upon his election and right-of--way line of said road, Plat of Rivard qualification and shall continue for two (2) years Subdivision, Plat Book 21, Page 12, and said point thereafter and until his successor is elected and of beginning being 1095.6 feet northerly, mea- qualified; provided, however, that the terms of sured along saidright-of--way line, from the South office of those councilmen whose terms expire in line of said Section 17, then northerly along said March of 1981 and March of 1982 shall be short- westerly right-of--way line 50 feet; then westerly erred by a period of one week. at right angles to the preceding course, 128.06 (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 29-80, § 1, feet, more or less, to a point in the westerly line of 10-9-80) the Southeast Quarter of Southwest Quarter of Section 3. Mayor. said Section 17; then southerly along said west- erly line, 53.96 feet, more or less to a point in a The council shall elect from among its mem- line parallel to, and 50 feet southerly from, mea- bers a mayor, a vice mayor, and a president pro sured at right angles to, the north line of the tem to serve at the pleasure of the council. Elec- herein described parcel, thence easterly along tion of the mayor, vice mayor and president pro said parallel line 144 feet, more or less, to a point tem shall be done annually at the first (1st) of beginning. regular council meeting after the village election. Supp. No. 29 10,1 § 3 NORTH PALM BEACH CODE The mayor shall preside at meetings of the coon- tive until the date of commencement of the terms cil, shall be recognized as head of village govern- of the council members elected at the next regular went for all ceremonial purposes, by the governor election, provided that such election follows the for purposes of military law, for service of process, adoption of such ordinance by at least six (6) execution of contracts, deeds and other docu- months. ments, and as the village official designated to (Ord. No. 1-76, § 1, 2-19-76) represent the village in all agreements with other governmental entities or certifications to other Section 5. Vacancies; forfeiture of ofI"i.ce; fill- governmental entities, but shall have no admin- ing of vacancies. istrative duties except as required to carry out the responsibilities herein. The vice mayor shall act (a) Vacancies. The office of a council member as mayor during the absence or disability of the shall become vacant upon his death, resignation, mayor. The president pro tem shall. preside at removal from office in any manner authorized by council meetings in the absence of the mayor and law or forfeiture of his office, such forfeiture to be vice mayor. declared by the remaining members of the coun- cil. The mayor shall have power, for sufficient (b) Forfeiture of office. A council member shall cause, to suspend any Village officer or official forfeit his office if he lacks at any time during his appointed by the council. In case of the suspen- term of office any qualification for the office sion of any such person, the mayor shall, within prescribed by this charter or by law. 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 given an opportunity to be heard with his witnesses. If upon such hearing the charges pre- ferred against such officer shall not be sustained by the council, the officer shall be thereby imme- diately restored to office unless the council shall decide to terminate the services of such officer for other cause, or without cause. In the event that any village officer shall be suspended by the mayor as herein provided, the mayor shall have power to appoint some person or some other officer of the Village temporarily to perform the duties of the officer suspended, until the charges against such suspended officer are heard and determined by the council. (Ord. No. 1-76, § 1, 2-19-76) I Section 4. Compensation and expenses. ~ The council may determine the annual salary of council members by ordinance, but no ordi- _ _ - -- - nance increasing such salary shall become effec- r ~ Supp. No. 29 10.2 i CHARTER § 4 (d) This section shall not apply to any struc- referendum election called for and held as pro- tures on or upon Village owned real property that vided by law. This section is not intended nor exist as of the date of adoption of this Charter shall it be construed as a prohibition against the Amendment; no [nor] shall this section apply to Village entering into contracts and interlocal agree- the repair or reconstruction of any such existing ments with public or private entities for services structures; except that this section shall apply to and assistance within one or more of the specified such structures in the event that said existing Village departments structures shall be abandoned or officially deter- (Ord. No. 37-2002, § 1, 12-12-02 mined to be of no further use to the Village. Editor's note-Ord. No. 37-2002, was passed by vote in an election held March 11, 2003. (e) This section shall not apply to any disposi- tion of Village owned real property, any improve- ment of same by way of placing structures thereon, ARTICLE IV. ADMINISTRATIVE or any lease of said real property by the Village if the same is required by State or Federal law, or if Section 1. Village manager. required by mandate of any agency or subdivision There shall be a village manager who shall be or the State or Federal Government with jurisdic- the chief administrative officer of the village. The tion over the Village. manager shall be responsible to the council for (f) This section shall not apply to the construc- the administration of all village affairs placed in tion of public utility structures, nor the placement his charge by or under this charter. of underground utility structures including, but (Ord. No. 1-76, § 1, 2-19-76) not limited to, water mains, sewer lines, storm water drainage and other utilities. Section 2. Appointment; removal; compen- ~ sation [of .manager]. (g) This section shall not apply to the construc- tion of structures deemed necessary by the Vil- (a) Appointment. The council shall appoint a lage for public recreational purposes on Village village manager for an indefinite term by a ma- owned real property on which public recreational Jority vote of all the council members. structures exist as of the date of adoption of this (b) Removal. The council may remove the man- Charter Amendment. ager by a majority vote of all the council members (Ord. No. 11-86, § 1, 9-11-86; Ord. No. 36-2002, and the manager shall hold office at the pleasure § 1, 12-12-02) of the council. Editor's note-Ord. No. 36-2002, was passed by vote in an election held March 11, 2003. (c) Compensation. The compensation of the manager shall be fixed by the council. Section 12. Contracting of village services; (Ord. No. 1-76, § 1, 2-19-76) referendum required. Section 3. Vacancy [in office of manager]. No contract or interlocal agreement shall be During any vacancy in the office of village entered into between the Village and athird- manager, the council may designate any compe- party public or private entity whereby the third tent person, except the mayor or any member of party is to take over the management and per- the council, to execute the functions of the office of form the duties and responsibilities of either- the village manager. Public Safety Police, Fire or Emergency Medical Services Divisions, the Public Services Depart- (Ord. No. 1-76, § 1, 2-19-76) ment Administration, Building or Sanitation Di- _ visions, Finance Department, Recreation Depart- Section 4. Acting village manager. went or Library unless the proposed contract or By'letter filed with the council, the manager interlocal agreement first receives afour-fifths shall designate, subject to approval of the council, vote of the Village Council and the approval of a qualified village administrative officer to exer- two-thirds of the Village electors who vote in a cise the powers and perform the duties of man- Supp. No. 25 15 § 4 NORTH PALM BEACH CODE ager during his temporary absence or disability. (h) Keep the council fully advised as to the During such absence or disability, the council may financial condition and future needs of revoke such designation at any time and appoint the village and make such recommenda- another officer of the village to serve until the tions to the council concerning the affairs manager shall return or his disa_ bility shall cease. of the village as he-deems desirable; (Ord. No. 1-76, § 1, 2-19-76) (i) Sign contracts on behalf of the village Section 5. Powers and duties of the village pursuant to the provisions of appropria- manager. tions ordinances; The Village Manager shall: (j) Perform such other duties as are specified in this charter or ma be re aired b the (a) Appoint, and when he deems it necessary y q y for the good of the village, suspend or council.. remove all village employees and appoint- (Ord. 1Vo. 1-76, § 1, 2-19-76) ive administrative officers provided for by or under this charter, except. as otherwise Section 6. Country club administrator. provided by law, this charter or personnel rules adopted pursuant to this charter. He The council shall have the. power by ordinance may authorize any administrative officer to provide for the management andlor adminis- who is subject to his direction and super- tration of any village owned or operated country vision to exercise these powers with re- club and its related activities, in whole or in part, spect to subordinates in that officer's de- separate from the office of the Village Manager partment, office or agency; and to specify the ~ authority, if any, that the Village Manager shall have over employment, (b) Direct and supervise the administration management .administration or other matters in of all departments, offices and agencies of t the village,. except as otherwise provided anY way connected with the operation of any by this charter or by law; village owned or operated country club. (Ord. No. 1-76, § 1, 2-19-76) (c) Attend all council meetings and shall have the right to take part in discussion but may not vote; Section 7. Village clerk. (d) See that all laws, provisions of this char- There shall be a Village Clerk who shall be ter and acts of the council, subject to responsible to the council for the proper adxninis- enforcement by him or by officers subject tration of all affairs of the village coming under to his direction and supervision, are faith- the clerk's control as defined in Article IV, Section fully executed; 10. (e) Prepare and submit the annual budget, (Ord. No. 38-2002, § 1, 12-12-02) budget message, and capital program to . Editor s note-Ord. No. 38-2002, § 1, adopted Dec. 12, 2002, repealed Art. IV, § 7, in its entirety and enacted new the council in a form provided by Ordi- provisions to read as herein set out. Prior to amendment § 7 Hance; pertained to similar subject matter and derived from Ord. No. 1-76, § 1, adopted Feb. 19, 1976. (f) Submit to the council and make available Ord. No. 38-2002, was passed by vote in an election held to the public a complete report on .the March 11, 2003. finances and administrative activities of the village as of the end of each fiscal Section S. Appointment; removal; compen- year; cation of village clerk. (g) Make such other reports as the council may require concerning the operations of (a) Appointment. The council shall appoint a village departments, offices and agencies, village clerk for an indefinite term by a majority `-~. i ~ subject to his direction and supervision; vote of all the council members. i Sapp. No. 25 16 I i i CHARTER 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 16-2002 5-23-02 1 II 1 27-2002 9-26-02 1 II 1 31-2002 12-12-02 1 Added I.A. 33-2002 12-12-02 1 Added III 5(e) 34-2002 12-12-02 1 III 9(a) 35-2002 12-12-02 1 10 36-2002 12-12-02 1 III 11(a}-{c) 37-2002 12-12-02 1 Added III 12 38 2002 12-12-02 1 Rpld N 7 Added N 7 2 Added IV 8 3 Added IV 9 4 Added IV 10 39-2002 12-12-02 1 V 3 40-2002 12-12-02 1 Added IV 7 03-2003 2-13-03 1 II 1 10-2004 7- 8-04 1(Eah. A) II 1 33-2004 12- 9-04 1(Eah. A) II 1 Supp. No. 29 65 LThe next page is 77] ,,<~;-. I I Chapter 2 ADNIINISTR.ATION" 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. Audit Committee, 2-51-2-58 Div. 3. Department of Fuiance, 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, 2-115-2-128 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, 2-171-2-182 "`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. 28 133 `f~ 1 I i 1 I i E I I t 1 4 ADNIINISTRATION § 2-4 ~ } will analyze and select one or more optimal types States which is authorized to accept of investments and competitively bid the security and exercise trusts and which is in question when feasible and appropriate. Ex- doing business in the state, and must cept as otherwise required by law, the bid deemed be kept in the depository in an ac- tobest meet the investment objectives specified in count separate and apart .from the subsection III must be selected. assets of the financial institution; or (n) Internal controls. The chief financial officer c. If physically issued to the holder but shall establish a system of internal controls de- not registered with the issuer or its signed to prevent losses of funds, which might agents, must be immediately placed arise from fraud, employee error, misrepresenta- for safekeeping in a secured vault. tion by third parties, or imprudent actions by employees of the village. Such internal controls (2) The village may also receive bank trust shall be in writing and made a part of the village's receipts in return for investment of sur- operating procedures and shall be reviewed by plus funds in securities. Any trust re- independent auditors during the course of peri- ceipts received must enumerate the vari- odic financial audits as may be required of the ous securities held, together with the village. specific number of each security held. The actual securities on which the trust re- (o) Continuing education. The chief financial ceipts are issued may be held by any bank officer shall complete eight (8) hours of continuing depository chartered by the federal gov- education annually in subjects or courses related ernment, the state, or any other state as to investment practices and products. defined in F.S. section 658.12, or by a (p) Reporting. The chief financial officer shall national associations organized and exist- prepare an annual investment report, which shall ing under the laws of the United States include securities in the portfolio by class and which is authorized to accept and execute type, book value, income earned, and market trusts and which is doing business in the value as of the report date. The report will be state. provided to the legislative and governing body of the village. The report shall be available to the (r) Sale of securities. When invested funds are public. needed in whole or in part for the purposes originally intended or for more optimal invest- (q) Securities; disposition. ments, the chief .financial officer may sell such (1) Every security purchased on behalf of the investments at the then-prevailing market price village must be .properly earmarked and; and place the proceeds into the proper account or fund. a. If registered with the issuer or its agents, must be immediately placed (s) Policy considerations, for safekeeping in a location that protects the village's interest in the (1) Exemptions. Any investment held prior to security; the adoption of this policy that does not meet the guidelines of this policy shall be b. If in book entry form, must be held exempted from the requirements of this for the credit of the governing body policy. At maturity or liquidation, such by a depository chartered by the monies shall be reinvested only as pro- federal government, the state, or any vided by this policy. other state or territory of the United States which has a branch or princi- (2) Amendments. This policy shall be re- pal place of business in the state as viewed on an annual basis. The village defined in F.S. section 658.12, or by a council must approve any changes, as national association organized and well as the individual(s) charged with existing under the laws of the United maintaining internal controls. Supp. No. 30 1$7 § 2-4 NORTH PALM BEACH CODE (t) Delegation of authority. The finance direc- Sec. 2-18. Same-Presiding officer. for is the chief financial or'T-icer of the village and (a) The mayor shall preside at all meetings, if is responsible for investment decisions and activ- present, and in his absence, thevice-mayor. In the ities. The village may retain a registered invest- absence of both the mayor and vice-mayor, the went advisory firm to assist in the investment president pro tem shall preside. management process. No person may engage in an investment transaction except as provided (b) The presiding officer shall preserve order under the terms of this policy and the procedures and decorum. He shall appoint all committees established hereunder. unless the council shall. otherwise direct. Authorized signatories are the chief financial (c) Terms of mayor. No person may serve more officer, the village manager and the village mayor. than one-year term as mayor of the village. A These individuals are also authorized to initiate Person who served as mayor of the village for one wire transfers for the village. All investment (1) term shall not serve as mayor during the transactions require approval by two (2) of the following council year, but beginning one (1) year depository signatories. after termination of his one-year term as mayor of (Ord. No. 31-95, § 1, 10-26-96; Ord. No. 15-2001, the village, he may again serve as mayor for a 1, 2, 6-28-01) period not to exceed one (1) year. Editor's note-Ord. No. 31-95, adopted Oct. 26, 1996, has (Code 1970, § 2-9; Ord, No. 218-70, § 1; Ord. No. been codified herein at the discretion of the editor as § 2-4. 8-82, § 1, 4-22-82) Secs. 2-5-2-15. Reserved. Sec. 2-19. Adjournment of all meetings. All regular meetings, special 3eetings and workshop meetings for the village council shall be , . ~ ARTICLE II. COUNCILS adjourned on or before 11:00 p.m. on the date when the meeting convened. In the event there is - DIVISION 1. GENERALLY pending business on the #loor at 11:00 p.m. during one (1) of the meetings, the chair shall at that time entertain a motion that the meeting be Sec. 2-16. Compensation. reconvened at a time and date certain, but upon The compensation of all members elected to the failure of the council to agree upon su~eh motion, village council other than the mayor is hereby the meeting shall be adjourned and the business fixed. at the sum of five hundred dollars ($500.00) pending at the time of adjournment shag be the per month. The compensation of the mayor is first item on the agenda of the next meeting of the hereby fixed at the sum of six hundred dollars village council pertaining thereto. ($600.00) per month. (Ord. No. 24-79, § 1, I1-8-79) (Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; Secs. 2-20 2-25. Reserved. Ord. No. 2-88, § 1, 1-14-88; Ord. No. 16-97, § 1, 3-13-97; Ord. No. 29-99, § 1, 8-26-99) Charter reference-Compensation, Art. III, § 4. DIVISION 2. RULES OF PROCEDURE' ~ Sec. 2-17. Regular meetings-When held. Sec. 2-26. Order of business. The regular meetings of the village council The following order shall be observed in the shall be held on the second and fourth Thursdays transaction of business, but such order may be ~ varied by unanimous consent of the councilmen of each month. P (Code 1970, § 2-8) resent: Charter reference-Meetings procedure, Art. III, § 9(a). (1) Roll. call; *Charteryeference-Legislative provisions generally, Art. 'Charter reference-Authority to determine rules of ~ III. procedure, Art. III, § 9(b). Supp. No. 30 138 I I ADMINISTRATION § 2-41 (2) Invocation; ARTICLE III. ADMINISTRATIVE CODE (3) Pledge of allegiance; DIVISION 1. GENERALLY (4) Awards and recognition; Sec. 2-39. Definition. (5) Approval of minutes; As used in this article, unless the context otherwise requires: (6) Council business matters: Chief administrator or administrator is the a. .Statements from the public, peti- village manager. tions and communications; (Code 1970, § 2-31) b. Declaration of ex parte communica- Sec. 2-40. Departmental organization. tions; (a) The administrative service of the village shall be divided under the administrator into the c. Public hearings and quasi judicial following departments and heads thereof: matters; (1) Department of finance, director of fi- d. Consent agenda; nance. e. Other village business matters; (2) Department of public safety, director of :public safety. f. Council and administration matters; (3) Department of public services, director of 1. Mayor and council matters/ public services. reports; (4) Department of recreation, director of rec- reation. 2. Village manager matterslre- ports; (5) Department of library, librarian. (6) Department of country club, country club (7) Reports (special committees and advisory administrator. boards); (b) In addition, there shall be a department of (8) Adjournment. records headed by the village clerk under the (Code 1970, § 2-17; Ord. No. 6-74, § 1; Ord. No. village council, which department shall be coordi- 22-96, § 1, 6-13-96; Ord. No. 14-98, § 1, 6-25-98; nated into the administrative service and cooper- Ord. No. 03-2005, § 1, 2-10-05) ate with the administrator so as to coordinate the entire administrative service of the village. (Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75; Sec. 2 27. Parliamentary rules. Ord. No. 44-97, § 1,10-9-97; Ord. No. 30-2001, § 2, 10-11-01) The residin officer when the council 1S in Cross references-Country club, Ch. 9; library, Ch. 16; P g parks, playgrounds and recreation, Ch. 20; police, Ch. 23; session, shall enforce parliamentary rules for its streets, sidewalks and public places, Ch. 24. government so far as they are applicable to such legislative body. Sec. 2-41. Oaths of office. (Code 1970, § 2-19) (a) Persons required to take oath of office. Each of the following officers and employees in the administrative service shall be required to take Secs. 2-28-2-38. Reserved. an oath of office before entering upon the dis- Supp. No. 30 138.1 § 2-41 NORTH PALM BEACH CODE - " charge of his duties, which oath shall be sub- the best of my ability, faithfully perform the scribed by the person taking it and shall be filed duties of the office of Public Safety Officer and preserved in the office of the village clerk: during my continuance therein, so help me (1) Officers. The village manager and each God. department head. (2) Public safety offtcers. Every member of Subscribed and sworn to before me this the department of public safety (including. day of , 19 any private, special, temporary or substi- tute policemen which the village might find it necessary to appoint). Notary Public (b) Form of oath for the chief administrator (Code 1970, § 2-33) 'il and offtcers. The following shall be the form of oath for the chief administrator and officers: Sec. 2-42. Bonds required of certain offic- State of Florida ) ers. County of Palm Beach ) ss. Village of North Palm Beach ) The following named village officials shall each, before entering upon the duties of their respective I, , do solemnly swear offices, give a good and sufficient surety company that I will support the Constitution of the bond to the village, duly approved by the village United States, the Constitution of the State of attorney, and conditioned upon the faithful per- Florida, and the Charter and Code of the Vil- formance and discharge of their respective duties, loge of North Palm Beach; that I will faithfully, -and for the proper application and payment of all honestly and impartially discharge my duties money or property coming into their hands by as during my continu- virtue of their offices in the following amounts: ante therein; that I am not directly or indi- rectly pecuniarily interested in any public ser- (1) Village manager, two hundred thousand vice corporation. engaged in business in the dollars ($200,000.'00). Village of North Palm Beach, or in or with any (2) Finance director, two hundred thousand person or corporation having contracts with dollars ($200,000.00). said Village, so help me God. (3) Village clerk, ten thousand dollars ($10,000.00). Subscribed and sworn to before me this (4) Village tax collector, two hundred thou- day of , 19 sand dollars ($200,000.00). (c) Form of oath for members of department of (5) Country club manager or country club public safety. The following shall be the form of administrator, two hundred thousand dol- oath for the members of the- department of public lars ($200,000.00). safety: (Code 1970, § 2-34; Ord. No. 23-96, § 1, 6-13-96; State of Florida ) Ord. No. 30-2001, § 3, 10-11-01) County of Palm Beach ) ss. Village of North Palm Beach ) Sec. 2-43. Policy and procedures. I, , do solemnly swear (a) Officers. Each officer shall perform all du- that Iwill support the Constitution of the ties required of his office by state law, the charter, United States, the Constitution of the State of the Code of the village, and such other duties not Florida and the Charter and Code of the Vil- in conflict therewith as may be required by the loge of North Palm Beach; and that I will, to village manager. I i Supp. No. 30 138.2 ADMINISTRATION § 2-84 DIVISION 5. DEPARTMENT OF PUBLIC (5) Traffic. Plan and conduct the control of SAFETY* traffic, the traffic educational program, the school patrols, the coordination of Sec. 2-75. Director's duties. traffic accident prosecution. The director of public safety shall direct the (6) Radio. To operate and maintain radio police and fire work of the village, be responsible equipment. for the enforcement and maintenance of law and (c) Fire. The fire division shall be charged with order and shall: the prevention of fires and the protection of life (1) Make assignments. Assign officers to their and property against fire and shall: duties. (1) Report losses. Report all .fire losses to the (2) Designate instructor. Designate a compe- village manager. tent officer of the department to act as (2) Maintain equipment. Be responsible for instructor. Such officer shall conduct such the maintenance and care of all property schools as the director shall order. and equipment used by the department. (Code 1970, § 2-39) (3) Fire fighting. Be responsible for the extin- Sec. 2-76. Divisions. guishment of fires, the saving of life and property from fire, and the performance of (a) Generally. The department of public safety various miscellaneous public services of shall be divided into the following divisions: Po- an emergency nature. lice and fire. (4) Fire prevention. Be responsible for the (b) Police. The police division shall have the inspection of potential fire hazards, the ~ following duties: abatement of existing fire hazards and (1) Records. Provide and maintain: the conducting of an educational fire pre- vention program. a. The central complaint desk and dis- patching police records; (5) Emergency medical services. Provide emer- gency medical and trauma treatment and b. Criminal and noncriminal identifica- emergency transportation in and for the tion; village. c. The identification of property; (Code 1970, § 2-39; Ord. No. 21-2005, § 1, 9-22-05) d. The custody of property; and Secs. 2-77-2-83. Reserved. e. The operation of detention centers. (2) Patrol. Provide and maintain motor and DIVISION 6. DEPARTMENT OF PUBLIC foot patrol units, and make routine roves- SERVICESt tigations. (3) Investigation. Conduct the investigation Sec. 2-84. Director's duties. of crimes and prepare evidence for the The director of public services shall be respon- prosecution of criminal cases. Bible for all matters relating to construction, man- (4) Crime prevention. Make plans and proce- agement, maintenance and operation of the phys- dures for the prevention and control of ical properties of the village. ~ juvenile delinquency, handle cases in which (Code 1970, § 2-40) women are involved, remove crime haz- Cross reference-Director of public services to erect signs at public park and recreation facility entrances, § 20- ards and coordinate community agencies 1(6). - interested in crime prevention. 1'CrossreferenceB-Garbage, trash and refuse, § 14-16 et *Cross references-Fire prevention and protection, Ch. seq.; parks, playgrounds and recreation, Ch. 20; streets, 12; provisions on fire division, § 12-29 et seq.; police, Ch. 23. sidewalks and public places, Ch. 24. ~Su No. 31 ~ ~ ~m pp• -• 41- - - ~x . _ § 2-85 NORTH PALM. BEACH. CODE. ~,*c.~~ Sec. 2-85. Divisions. DIVISION 8. DEPARTMENT OF COUNTRY The department of public services shall be CLUB' divided under the director of public services into Secs. 2-102, 2-103. Reserved. the following divisions and bureaus and supervi- sors thereof: Editor's note-Former 2-102 and 2-103 were deleted as being superseded by the provisions of Ord. No. 39-90, (1) Division of permits and inspections, which adopted Nov 19, 1990, which enacted provisions relative to shall issue-all permits for, and inspect the the country club administrative hoard, codified as Ch. 9, Art. II. work involved in, the construction of side- walks, curb cuts, street cuts; inspect all Secs. 2-104-2-109. Reserved. work done under the provisions of the electrical, plumbing and building codes of the village; and inspect all remises, in- DIVISION 9. DEPARTMENT OF ~ RECREATION# eluding structures and appurtenances thereon, for safety features. Sec. 2-110. Director's duties. (2) Division of facility maintenance, which The director of recreation shall plan, promote, shall repair and maintain all village owned organize and supervise a comprehensive munici- buildings, irrigation systems, street lights, p~ recreation program, and administer the same parks,. electrical, mechanical and_ plumb- ~ the interest of the entire community, and shall: ing systems and custodial services (except the North Palm Beach Country Club). (1) Supervise recreation areas. Supervise the recreational use of playgrounds, play fields, (3) Division of municipal garage, which shall recreation centers ball diamonds and such operate the municipal public works com- other recreation areas and facilities as ~ ~ plex, and shall maintain and provide for j villa •e uses all automotive a ui ment may be made available to carry out the 1. g q p village's recreation program. owned by the village. _ (2) Conduct community activity. Conduct and (4) Refuse disposal division, which shall col- supervise any form of recreational, cul- lect garbage and rubbish. tural or social activity that will employ (5) Street maintenance division, which shall the leisure time of the citizens in a whole- maintain and provide for adequate drain- some and constructive manner. age on all streets, sidewalks and bridges. (3) Village parks. Operate and maintain all (Code 1970, § 2-40; Ord. No. 24-2001, 1, 2, village parks.. 8-9-O1; Ord. No. 22-2005, § 1, 8-30-05) (Code 1970, § 2-42; Ord. No. 22-2005, § 2, 8-30-05) Secs. 2-86-2-92. Reserved. Secs. 2-111-2-114. Reserved. DIVISION 7. DEPARTMENT OF LIBRARY ARTICLE IV MAliTAGER~`=~ Sec. 2-93. Librarian. Sec. 2-115. Residency. The de artment of libr At the time of his appointment the village p ary shall be supervised manager need not be a resident of the village or I by the village librarian, who shall operate and maintain the free public library. 'Charter reference-Club administration, Art. IV, § 6. (Code 1970, § 2-41) Cross reference-Country club administrative board, § 9-16 et seq. r $Cross reference-Parks, playgrounds and recreation, Secs. 2-94-2-101. Reserved. Ch. 20. **Charter reference-Provisions relative to village man- # _ *Cross reference-Library, Ch. 16. ager, Article IV, 1-5. ~ ~P _ •- - ~ ~ ' Supp. No. 31 _ ' - _ 1 ~ , i ~.e ADMINISTRATION § 2-173 i Sec. 2-170.9. Village contributions. Code inspector. Those authorized agents or So long as this system is in effect, the village employees of the village whose duty it is to insure shall make a yearly contribution to the plan equal code compliance with the codes referred to above, to the cost for the year by the most recent actu- including, but not limited to, the village manager, arial valuation. building official, director of public safety, and (Ord. No. 16-91, § 10, 4-11-91) finance director. Enforcement board. The Village of North Palm Sec. 2-170.10. Trustee and contact person. Beach Code Enforcement Board. The village finance director will act as trustee Repeat violation means a violation of a provi- and contact person and will be responsible for Sion of a code or ordinance by a person who has contacting the agent or agency administrating the been previously found through a code enforce- plan regarding changes and modifications to the went board or any other quasi judicial or judicial plan. (Ord. No. 16-91, § 11, 4-11-91) process, to have violated.. or who has admitted violating the same provision within five (5) years Sec. 2-170.11. Point system. prior to the violation, notwithstanding the viola- Aminimum of fifty (50) points is needed to earn tions occur at different locations. a year of credited service. The point system that (Ord. No. 19-79, § 3, 9-27-79; Ord. No. 9-80, § 4, 4-24-80; Ord. No. 16-82, Art. II, 9-9-82; Ord. No. can be earned by volunteer firefighters is set forth g_90, § 1, 4-12-90; Ord. No. 04-2000, § 1, 2-10-00) in Exhibit A attached to Ordinance No. 16-91 and made a part of this division. Sec. 2-173. Applicability. (Ord. No. 16-91, § 12, 4-11-91) Editors note-Exhibit A, attached to Ord. No.16-91 from The code enforcement board shall enforce and 1 which this division derives, is not printed herein, but is on file have jurisdiction of the following codes: and available for reference in the offices of the village. Chapter 4, Village of North Palm Beach Code, containing the animals and fowl code. ARTICLE VI. CODE ENFORCEMENT Chapter 5, Village of North Palm Beach BOARD Code, containing the docks and waterways Sec. 2-171. Declaration of legislative intent. code: It is the intent of this article to promote, Chapter 6, Village of North Palm Beach protect and improve the health, safety and wel- Code, including the building code, the gas code, fare of the citizens of the village and to provide an the mechanical code, the plumbing .code, the equitable, expeditious, effective and inexpensive appearance code and Appendix A, appearance method of enforcing the hereinafter described plan, and the sign code. codes and ordinances of the village where a pend- Chapter 7, Village of North Palm Beach ing or repeated violation continues to exist. Code, containing the bulkhead lines code. (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. Chapter 12, Village of North Palm Beach 2-86, § 1, 3-27-86) Code, including the fire prevention code. Sec. 2-172. Definitions. Chapter 14, Village of North Palm Beach Code, containing the health and sanitation The following words, terms and phrases, when code. used in this article, shall have the meanings Chapter 15, Village of North Palm Beach ascribed to them in this section, except where the Code, containing the housing code. context clearly indicates a different meaning: Attorney. Attorney for the village who will Chapter 17, Village of North Palm Beach advise the code enforcement board of legal rules Code, containing the occupational license code. or give other legal assistance as required. Section 18-35 only of Chapter 18 Supp. No. 25 163 § 2-173 NORTH PALM BEACH CODE 4( .-_~ Chapter 19, Village of North Palm Beach (2) In order. that the .terms of office of all Code, containing the noise control code. members will not expire at the same time, Chapter 24, Village of North Palm Beach the initial appointments to the enforce- Code,. containing the streets, sidewalks and ment board shall be as follows: driveways code. a. Two (2) members shall be appointed for a term of one (1) year; Chapter 25, Village of North Palm Beach b. Three (3) members shall be ap- Code, containing the swimming pool code. pointed for a term of two (2) years; Chapter 27, Village of North Palm Beach c. Two 2 members shall be a ointed O pp Code containin the trees and shrubbe code g rY for a term of three (3) years. includin landsca in of ards and arkin g P g y P g lots. Thereafter, all appointments shall be made for a Cha ter 28 Villa e of North Palm Beach term of three (3) years. Appointments to fill any P g vacancy on the enforcement board shall be for the Code, containing the franchise ordinance for remainder of the unex fired term of office. If an the use of the village rights-of--way for utilities. P y member fails to attend two (2) of three (3) succes- Chapter 36, Village of North Palm Beach sive meetings without cause and without prior Code, containing the subdivision code. approval of the chairman, the board shall declare the member's office vacant and the village council Chapter 45, Village of North Palm Beach shall promptly fill such vacancy. The members Code, containing the zoning code. shall serve at the pleasure of the village council. (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. (b) Officers; quorum;. compensation. The mem- _ 15-86, § 2, 10-9-86; Ord. No. 23-2002, § 1, 7-11-02) bers of the enforcement board shall elect achair- man from among its members who shall be a Sec. 2-174. Organization of board. voting member. The presence of four (4) or more - members, shall constitute a quorum ofthe enforce- (a) Qualifications and terms. The village coun- went board. Members shall serve without com- cil shall appoint aseven-member code enforce- pensation, but maybe reimbursed for such travel went board and legal counsel for the board. The expenses, mileage expenses,. an_ d 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- 8-90, § 3, 4-12-90; Ord. No. 17-91, § 1, 4-25-91) bership of the enforcement board shall, whenever possible, include: Sec. 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 codes. No member of a board shall have the power c. An engineer; to initiate such. enforcement proceedings. d. A general contractor; (b) If a violation of the codes is found, the code e. A subcontractor; inspector shall notify the violator, unless para- f. A realtor; graph (c) of this section applies; and give the violator a reasonable time to correct the violation. g. No particular profession. Should the violation continue beyond the time Supp. No. 2b 164 I ALCOHOLIC BEVERAGES § 3-4 Sec. 3-1. State law definitions adopted. including those licensed by the state for sale As used in this chapter, the terms defined in and/or service of alcoholic beverages, which in- F.S. sections 561.01, 563.01, 564.01 and 565.01, elude but are not limited to any bottle club, hotel, shall have the same meanings as indicated in motel, restaurant, night club, country club, caba- such sections. ret, and meeting facility located in the Village of North Palm Beach, in which alcoholic beverages, beer or wine are, or are available to be sold, Sec. 3-2. Sales restricted; hours of sale. dispensed, served, consumed, possessed or offered It shall be unlawful for any person to sell or for sale for consumption on the premises. serve for consumption on premises or to consume, Nudity means the showing or exposing to pub- or to permit the sale or service for consumption on lie view the human male or female genitals, pubic premises of any intoxicating liquors or beverages area, vulva, buttocks, anus, anal cleft or cleavage, in any place holding a license from the state, or in or any portion of the foregoing specified anatom- any public place within the village, and it shall be ical areas, or any simulation thereof; the showing unlawful for any person to buy, sell or deliver, or or exposing to public view any portion of the to permit the purchase, sale or delivery of any human female breasts any portion thereof encom- intoxicating liquors or beverages except beer, ale passed within an area falling below the horizontal and wine in sealed containers for consumption off line one would have to draw to intersect a point the premises: above the top of the areola, or any portion of the (1) Between the hours of 2:00 a.m. and 7:00 areola, or any simulation thereof: This definition a.m. of any day including Sunday except shall include the entire lower portion of the hu- January 1 of any year; or man female breast, but shall not include any l (2) Between the hours of 5:00 a.m. and 7:00 Portion of the cleavage of the human female a.m. on January 1, of each and every year. breast exhibited by a dress, blouse, shirt, leotard, (Code 1970, § 3-34; Ord. No. 226-71, § 1, 2-25-71; bathing suit, or other wearing apparel, provided Ord. No. 8-80, § 1, 4-24-80; Ord. No. 4-96, § 1, the areola is not so exposed. 1-25-96) Partial .nudity means the showing. or exposing to public view of the human male or female Sec. 3-3. Consumption on playgrounds and genitals, pubic area, buttocks, or any portion public parks. thereof, with less than a full opaque covering; the No person shall drink any spirituous, vinous, showing or exposing to public view of the female malt or other intoxicating beverages in or upon breast or any portion thereof, with less than a full any of the following public parks, playgrounds or opaque covering; or the showing or exposing to school grounds within the village: Anchorage Park, Public view, or depiction of, covered male genitals Osborne .Park, North Palm Beach public school m a discernibly turgid state. playground, Yacht Club recreation area on Lake Prohibited sexual conduct means the engaging Worth. in any sexual intercourse, masturbation, sodomy, (Code 1970, § 24-2) bestiality, oral copulation, flagellation, any sexual act which is prohibited by law, any touching, Sec. 3-4. Prohibition of nudity, partial nu- caressing or fondling of the breasts, buttocks or dity, sexual conduct at alcoholic any portion thereof, or anus or genitals, or the beverage establishments. simulation thereof. (a) Definitions. (b) Nudity, partial nudity and sexual conduct. Alcoholic beverage establishment means any (1) It shall be unlawful for any person main- business or commercial establishment whether taining, owning, managing or operating open to the public at large or entrance is limited an alcoholic beverage establishment to ' by cover charge or membership requirements, knowingly or with reason to know, suffer Supp. No. 19 213 § 3-4 NORTH PALM BEACH CODE "~ffl ~t or permit nudity or partial nudity or acts turbation, sodomy, bestiality, oral of sexual conduct to occur on the premises copulation, flagellation, any sexual act of such alcoholic beverage establishment. which is prohibited by law, any touching, (2) It shall be unlawful for any person, while caressing or fondling of the breasts, but- ~ on the premises of an alcoholic beverage tocks or any portion thereof, or anus or establishment to show or expose to public genitals, or the simulation thereof, within view any portion of his or her anatomy, such alcoholic beverage establishment. defined herein as nudity or partial nudity (c) Enforcement and penalties. or engage in acts of sexual conduct. (1) If the owner, operator, licensee, lessor, (3) No person shall show or expose to public lessee, manager, employee, or any. other view his or her genitals, pubic area, vulva, person participating in the operation of buttocks, anus, anal cleft or cleavage, or an alcoholic beverage establishment shall any portion of the foregoing specified an- be convicted of any of the offenses desig- atomical areas, or any simulation thereof nated in this article then. the village man- in any alcoholic beverage establishment. ager shall, unless good cause to the con- (4) No female person shall show or expose to A'm`y be shown, revoke the occupational public view any portion of her breasts; as license for said establishment after giving defined in this article, encompassed within a reasonable notice thereof to the holder an area falling below the horizontal line of said license and affording the holder an one would have to draw to intersect a opportunity to be heard as to why the revocation should not be issued. point immediately above the top of the areola, or any portion of the areola, or any (2) In addition to the revocation of occupa- • simulation thereof, in any alcoholic bev_ tional license, any person violating this erage establishment. .section shall be guilty. of a misdemeanor and .punishable under section 1-8 of the (5) No person maintaining, owning, or oper- Code of Ordinances of the village to a. fine ating an alcoholic beverage establishment not exceeding five hundred dollars shall suffer or permit any person to ex- pose to public view his or her buttocks, ($500.00) or imprisonment for a term not anus, anal cleft or cleavage, or any por- exceeding six (6) months, or by both such fine and imprisonment. tion of the foregoing specified anatomical areas, or simulation thereof, within such (3) In addition to the foregoing enforcement alcoholic beverage establishment. procedures, establishments dealing in al- coholic beverages not in conformity with (6) No person maintaining, owning or operat- these requirements, shall be subject to ing an alcoholic beverage establishment the appropriate civil action in the court of shall suffer or permit any female person appropriate jurisdiction. The village may to expose to public view any portion of her sue any person or entity found to be in breasts, as defined in this article, encom- violation of this section to enjoin either passed within an area falling below the temporarily or permanently, or both, any horizontal line one would have to draw to of the activities prohibited by this section. intersect a point immediately above the (Ord. No. 06-2000, § 1, 2-24-00) top of the areola, or any portion of the ' areola, or any simulation thereof, within such alcoholic beverage establishment. (7) No person shall engage in, and no person ~ maintaining, owning or operating an al- _ , cohblic beverage establishment shall suf- ll fer or permit, any sexual intercourse, mas- _-1 (The next page is 263] Supp. No. 19 214 BOATS, DOCKS AND WATERWAYS § 5-18 boats must be equipped with a marine extend more than thirty (30) percent of the lagoon sanitation device acceptable under the width from the face of the bulkhead nor extend current regulations of the U.S. Environ- beyond the side property lines extended. mental Protection Agency, the U.S. Coast (Ord. No. 2006-O1, § 1, 1-26-06) Guard and the state department of envi- ronmental regulation. Sec. 5-17. Authority of city to board boats (2) Marinas where persons may live aboard violating chapter. overnight shall be equipped with potable Any member of the department of public safety water and sanitary sewage facilities, in- shall have authority to board any boat in violation cluding showers, rest rooms and bath- of this chapter, or which becomes a menace to houses located within the marina area navigation, and move or cause it to be moved to available for use by all persons who live another location and he shall have the right to aboard boats overnight. In addition, all hold such boat for the payment of costs incurred such marinas shall provide adequate elec- in its removal or storage. trical and potable water service, dockside, (Code 1970, § 11-54; Ord. No. 212-70, § 14; Ord. to each boat. Sewage service may be pro- No. 2006-01, § 3, 1-26-06) vided to each boat where persons are permitted to live aboard overnight, but in Sec. 5-18. Limitation on anchoring and moor- no event may holding tanks or sewage ing in prohibited area; mooring facilities aboard any boat be flushed within permit required. the marina area so as to cause any pollu- tion, damage or debris to any waters. It is declared to be unlawful for any person to anchor or moor in a stationary position or cause i (3) A dockmaster or person shall be in charge any vessel to be in any portion of the prohibited of each marina .and shall maintain a log area for a period of time of more than ninety-six which shall include a current list of per- (96) :hours in any consecutive thirty-day period. sons registered to live aboard boats in The occupants of such vessel upon notice by the that marina, the register number of all department of public safety or other authorized boats docked in the marina, and a descrip- person of the village shall obtain a mooring per- tion of the marine sanitation devices in- mit from the department of public safety within stalled in each boat, available at all time eighteen (18) hours after notification and register for use and inspection by the village pub- the occupants and vessel on forms provided by the lic services department. This requirement department of public safety. A mooring permit fee is to aid in the protection of life and shall be required as established by the village .property at marinas and to deter unau- council. thorized persons from being in the marina areas. The prohibitions provided herein .shall not ap- ply to the following vessels: (4) The administrative, enforcement and ap- (1) Vessels moored or anchored for the pur- peal procedures of the village housing pose of making emergency repairs. code shall apply to this section. (Ord. No. 14-76, § 2, 7-8-76) (2) Vessels owned and operated by the fed- Cross reference-Housing code adopted by reference, eral or state government. § 15-1. ~ (3) Vessels in the Intracoastal Waterway. Sec. 5-16. Mooring limitations in lagoons (4) Vessels permitted to engage in construc- (private docks). tion or dredging activity until such time that said construction or dredging activity Excluding lagoon end situations, for properties is completed, not to exceed statutory lim- fronting lagoons, no vessel that is moored shall itations. R- Supp. No. 31 323 _ --°~ . a m - § 5-18 NORTH PALM BEACH CODE ^"^s~~ (5) Vessels seeking shelter or safe harbor owner, and ixi the event the vessel is not returned during hurricanes or periods of hurricane to the owner within a pe~~iod of three (3) days afi;er !I watch or warning, as issued by the Na- same has been taken into custody and im- tional Weather Service. pounded, the department of public safety shall (Ord. No. 12-98, § 2, 4-23-98; Ord. No. 2006-O1, immediately send or cause to be sent a written 2, 3, 1-26-06) notice of such impoundment by mail to the divi- sion of marine resources of the department of Sec. 5-19. Unlawfully anchored or moored natural resources, and shall file a copy of such vessels-Department of public notice with the person who has been authorized to safety to impound. have custody of the impounded vessel for the purpose of storage. Such notice shall include a The department of public safety of the village is complete description of the vessel, the date, time authorized and directed to take into custody and and place from which it was removed, the reason impound anyvessel unlawfully anchored or moored for such removal, and the name of the storage in the prohibited area and any such vessel taken facility or place where the vessel is stored. into custody-and impounded under the authority (Ord. No. 12-98, § 5, 4-23-98; Ord. No. 2006-O1, of the department of public safety shall not be § 3, 1-26=06) released therefrom until the charges for towing such vessel and storage charges have been paid. Sec. 5-22. Same-Unclaimed vessel to be The charge for towing or removal of any such sold; certification of sale. vessel and storage charges shall be the customary charges prevailing in the village for such services. (a) If the owner fails to claim the vessel within (Ord. No. 12-98, § 3, 4-23-98; Ord. No. 2006-O1, twenty-one (21) days. after the department of § 3, 1-26-06) public safety has sent its notice to the division of ~ marine resources, such vessel shall be sold to the ~ Sec. 5-20. Same-Owner to be notified u on highest bidder at public auction by the depart- p went of public safety 'at some place within the impoundment. village; but, prior to the sale, a notice shall be Whenever anyvessel is taken into custody and published once a week for two (2) consecutive impounded by the authority of the department of weeks in a local newspaper published in the public safety as authorized herein, and the name county and circulated in the village. Publication and address of the owner of such vessel can be shall be at least ten (10) days prior to the date of ascertained by the department of public safety, it sale. Such notice shall give the time and place of shall within forty-eight (48) hours give in writing sale and describe the vessel to be sold. A copy of or cause to be given notice in writing to such such notice shall be mailed to the owner if his owner of the fact of such removal and the reason name and address be known at least ten (10) days therefor and the place to which such vessel has before the date of such sale. The village shall. not been removed. guarantee title to such vessel or to deliver a title (Ord. No. 12-98, § 4, 4-23-98; Ord. No. 2006-O1, of ownership; but shall furnish the purchaser a I § 3, 1-26-06) certificate in substantially the following form: Certificate Number: Sec. 5-21. Same-Procedure in event owner cannot be found. CERTIFICATE OF SALE I Whenever the department of public safety au- VILLAGE OF NORTH PALM BEACH thorizes the removal of such vessel from the DEPARTMENT OF PUBLIC SAFETY, FLORIDA ~ prohibited area as authorized herein and the ~ department of public safety does not know and is THIS IS TO CERTIFY that the following de- c not reasonably able to ascertain the name and scribed vessel was impounded and placed in address of the owner of such vessel or for any the custody of the Department of Public Safety, other reason is unable to give the notice to the where it was held for twenty-five (25) days, ~ ' ~r,~~- ~ Sup~p. Nom. 31 -a _ ~~~'- 324 ~ . - . I _ _ - -~ I ~ x~+ ~ ~ ~ BUILDINGS AND BUILDING REGULATIONS § 6-19 ARTICLE I. IN GENERAL and the following ordinances: Sec. 6-1. Construction on public land pro- Ord. No. Date Section hibited. 7-72 2 16-72 1 It shall be unlawful for any person to erect or 10-75 7-10-75 1, 2 maintain, or to permit the erection or mainte- 9-78 5-25-78 1, 2 3-80 2-14-80 1 nance of any structure of any kind, including a 25-80 lo- 9-80 1, 2 wall upon, across, over or under any portion of 17-82 9-23-82 1 any publicly dedicated utility or drainage ease- 12-a3 8-25-83 1, 2 went area in the village. 16-86 11-13-86 1, 2 (Code 1970, § 6-1) Sec. 6-17. Codes adopted. Sec. 6-2. Reserved. The 2001 edition of the Florida Building Code Editor's note-Ord. No. 05-2002, § 3, adopted Feb. 28, including the amendments to the code as recom- 2002, repealed § 6-2, in its entirety. Former § 6-2 pertained to mended by the Building Code Advisory Board of accessibility to buildings by handicapped persons; state law palm Beach County and the Village of North adopted which was incorporated by reference and derived from the Code 1970. Palm Beach are hereby adopted and incorporated herein, as part of the minimum construction Sec. 6-3. Reserved. standards for the Village of North Palm Beach, Florida. Department of Public Services shall be Editor's note-Ord. No. 05-2002, § 4, adopted Feb. 28, substituted for Building Department iri the adopted 2002, repealed § 6-3, in its entirety. Former § 6-3 pertained to fire district and derived from the Code 1970, § 16-23; and Ord. Code. No. 12-72, § 1. (Ord. No. 4-90, § 2, 3-8-90; Ord. No. 14-92, § 2, 9-10-92; Ord. No. 15-96, § 2, 4-25-96; Ord. No. Sec. 6-4. Reserved. 7-99, § 1, 1-28-99; Ord. No. 05-2002, § 2, 2-28-02; Ord. No. 13-2002, § 1, 5-9-02; Ord. No. 25-2003, Editor's note-Pursuant to advice of the city, and at the § 1 9-25-03) editor's discretion, Ord. No. 2-83, adopted Feb. 10, 1983, Editor's note-The various codes adopted above in § 6-17, codified as Ch. 12.5 of this Code, has been treated as super- and amendments thereto, are not set out at length in this seding former § 6-4 relative to duties of the building official Code but are on file and available for inspection in the offices concerning flood management building requirements. Such of the city. section derived from Ord. No. 7-77, § 1, adopted Apri128, 1977 Note-See the editor's note following § 6-16. and Ord. No. 19-78, § 1, adopted July 27, 1978. Cross references-Florida Fire prevention code adopted, § 12-16; housing code adopted, § 15-1. Secs. 6-5-6-15. Reserved. Sec. 6-18. Reserved. ARTICLE II. NIINIMUM CONSTRUCTION Editor's note-Former § 6-18, relative to amendments STANDARDS and addition to the Standard Building Code, has been deleted pursuant to the adoption of Ord. No. 15-96, enacted Apri125, 1996, which adopted the 1994 editions of the various codes as SeC. 6-16. Authority. detailed in § 6-17. The provisions of former § 6-18 derived from Ord. No. 20-93, § 1, adopted Sept. 9, 1993; and Ord. No. 21-93, This article is promulgated in accordance with § 1, adopted Sept. 9, 1993. F.S. chapter 553. (Ord. No. 4-90, § 1, 3-8-90; Ord. No. 05-2002, § 1, Sec. 6-19. Violations; penalty. 2-28-02) Editor's note-The provisions of 6-16 and 6-17 were Any person, firm or corporation who shall vio- deleted as being superseded by the provisions of 1, 2 of Ord. late a provision of this article, or fail to comply No. 4-90, adopted Mar. 8, 1990, included herein as new 6-16 and 6-17. The deleted provisions pertained to the adoption of therewith, or with any of the requirements thereof, the standard Building Code, 1985 edition and the county shall be guilty of a misdemeanor. Each such amendments, and derived from Code 1970, 6-11 and 6-12, person shall be deemed guilty of a separate of- Supp. No. 27 383 § 6-19 NORTH PALM BEACH CODE ,r°; a fense for each and every day or portion thereof Sec. 6-32. Intent and purposes. during which any violation of any of the provi- This appearance code is adopted for the follow- sions of this article is committed or continued and, upon conviction of any such violation, such ing purposes: person shall be punished by a fine of not less than (1) To promote the public health, safety, mor- fifty dollars ($50.00) nor more than five hundred als, comfort and general welfare of the dollars ($500.00), or by imprisonment not exceed- citizens of the village. ing six (6) months, or by both such fine and (2) To enhance the values of property through- : imprisonment. out the village. (Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83, § 3, 8-25-83) (3) To protect and to stabilize the general Editor's note-Ordinance No. 25-80, § 3, adopted Oct. 9, appearance of buildings, structures, land- 1980, was nonamendatory of the Code; hence, its inclusion as scaping and. open areas, in the multiple § 6-19 was at the editor's discretion. dwelling, commercial and public zoning it Sec. 6-20. Reserved. districts of the village. Editor's note-Section 3 of Ord. No. 14-92, adopted Sept. To insure adequate light, air and privacy 10, 1992, repealed former § 6-20, relative to amendments to for property in the multiple dwelling, com- the Standard Plumbing Code,. which derived from Ord. No. mercial and public zoning districts of the 20-91, § 1, adopted May 23, 1991. village. Secs. 6-21-6-29. Reserved. (5) To encourage and promote acceptability, attractiveness, cohesiveness and compat- ibility of new .buildings, .developments, ARTICLE III. APPEARANCE CODE* remodeling and additions so as to main- tain and improve the established stan- ~ - DIVISION 1. GENERALLY dards of property values within the mul- tiple-dwelling, commercial and public ~ ~ y Sec. 6-30. Short title. zoning districts of the village. This article, including. any regulation hereafter (Code 1970, § 6-22) adopted, shall hereafter be known, cited and referred to as the "Appearance Code." Sec. 6-33. Appearance plan. (Code 1970, § 6-21) The village hereby adopts by reference thereto the appearance plan attached as exhibit A to Sec. 6-31. Definition. Ordinance No. 3-72 of the village. The appearance The term "external architectural feature" is plan is set forth at length in Appendix A of this defined to mean the architectural style and gen- Code. eral arrangement of such portion of a building or (Code 1970, § 6-40; Ord. No. 3-72, § 1) structure as is designed to be open to view from a public street, place or way, or from adjoining Sec. 6-34. Reserved. premises. Editor's note-Ordinance No. 4-79, § 1, adopted March 8, (Code 1970, § 6-39; Ord. No. 4-71, § 1; Ord. No. 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to 2-72, § 1) repeal 6-29--6-32 of the 1970 Code, of which 6-30, 6-32 Cross reference-Rules of construction and definitions were codified as § 6-34 of this Code. Former § 6-34 pertained generally, § 1-2, to amendments of the appearance plan. *Editor's note-Ordinance No. 6-77, § 5, enactedApri128, SeC. 6-35. Appeals and review 1977, adopted 6-30-6-36, 6-56-6-60, concerning the ap- pearance code, as part of the comprehensive plan for the The applicant or any interested party may file village. Ord. No. 4-79, adopted March 8, 1979, removed the an appeal to the village council on any ruling by appearance code from the comprehensive plan. Cross references-Planning and development, Ch. 21; appearance plan, App. A. Supp. No. 27 384 BUILDINGS AND BUILDING REGULATIONS § 6-113. 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 any portion of any sidewalk or street, 3. Is parked within thirty (30) feet except house numbers and traffic control of any street right-of--way. 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 i 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) square feet, when the vehicle is 1. Limited to a maximum of twenty parked on the same property as the (20) percent of the total sign business being advertised and: area for said vehicle service sta- tion. 1. Is parked for more than sixty (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 of change- 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 (30) Neon tube sign located inside or outside a right-of--way with a total sign area building and as defined by this code. less than or equal to ten (10) square feet, when the vehicle is parked for (31) Off site/premise sign as defined in this ' more than sixty (60) consecutive min- code. Supp. No. 25 398.11 § 6-113 NORTH PALM BEACH CODE (32) Signs placed on boats or watercraft that str_uction is discontinued for a period are located on public or private property of more than sixty (60) days, the other than boat or watercraft name, man- message shall be removed, pending ufacturers name or required license rum- initiation or continuation of construc- bers. ti'on activities. (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 grand openings, car- 8-18-94; Ord. No. 37-97, § 1, 8-28-97; Ord. No. rivals, revivals, sporting events, or 12-2000,. § 1, 4-27-00) any public charitable, educational or religious event or function. Such mes- Sec. 6-114. Permitted temporary signs. sage shall not be displayed more (A) Where allowed. Temporary signs are al- than thirty (30) days prior to the lowed throughout the village, subject to the re- event or function and shall be re- strictions imposed by this section and other rele- moved within two (2) working days want parts of this Code. Temporary signs do not after the special event. Approval of the size and locations of the signs by require a building permit. the department of public services is (B) Sign types allowed. A temporary sign may required. be a pole, ground or building wall sign, but may d. Political sign. Nothing shall be con- not be an electric sign. struecl to regulate the content or (C) Removal of illegal temporary signs. Any internal design of a political sign. temporary sign. not complying with the require- Signs advertising political events and _ _ ments of this section is illegal and subject to functions shall not be displayed more immediate removal by the village forces. than thirty (30) days prior to the event or function and shall be re- (D) Restrictions on content of temporary signs. moved not more than seven (7) cal- A temporary sign may display any message so endar days following the event or long as it is not: ~ function advertised by the sign. Cam- (1) Harmful to minors as defined by this P~~ signs shall not- be displayed Code. more than thirty (30) days prior to the candidate qualifying for office or (2) Advertising as defined by this Code, ex- issue being voted upon and shall be cept that advertising for the following removed. within seven (7) days fol- purposes may be displayed: lowing-the election a. To indicate that an owner, either (E) Permissible size, height and number of personally or through an agent, is temporary signs. actively attempting to sell, rent or lease the property on which the sign (1) One family and two-family residences. A is located. parcel on which is located a single one- b. To identify construction in progress. family or two-family residence may dis- Such message shall not be displayed play not more than one temporary sign more than sixty (60) days prior to with a sign area of not more than five (5) the beginning of actual construction square feet. No sign shall exceed five (5) of the project, and shall be removed feet in height. Front setback shall be ten when construction is completed. If a (10) feet and side setback shall be three message is displayed pursuant to (3) feet. this section, but construction is not (2) Multi family residences. A parcel on which initiated within sixty (60) days after is located amulti-family residence may the message is displayed, or if con- display not more than one (1) temporary i Supp. No. 25 398.12 i BUILDINGS AND BUILDING REGULATIONS § 6-115 I , sign with a sign area of not more than erected or a commercial message related thirty-two (32) square feet. No individual to the business and located on the busi- sign shall exceed eight (8) feet in height. ness premises. The noncommercial mes- .Front setback shall be ten (10) feet and sage may occupy the entire sign face or side setback shall be three (3) feet. portion thereof. The sign face may be (3) On all other parcels. All other parcels may changed from commercial to noncommer- display not more than one (1) temporary cial messages as frequently as desired by sign with an aggregate sign area of not the owner of the sign, provided that the more than sixteen (16) square feet. No size and design criteria conform to the sign shall exceed eight (8) feet in height. applicable portions of this code, the sign is allowed by this code, the sign conforms to (4) All areas. Three (3) temporary political the requirements of the applicable zoning signs, each not exceeding five (5) square designation and the appropriate permits feet in sign area and not more than five are obtained. For the purposes of this sign (5) feet in height, may be displayed on a code, noncommercial messages, by their parcel. very nature, shall never be deemed off- (Ord. No._24-93, § 2, 10-14-93; Ord. No. 32-2000, premises. § 1, 10-12-00; Ord. No. 10-2002, § 1, 4-25-02; Ord. No. 09-2003, § 1, 4-10-03) (C) Permissible number, area, spacing and height of permanent accessory signs. Sec. 6-115. Permitted permanent accessory signs. (1) Ground signs: (A) Sign types allowed. A permanent accessory a. Multi-family buildings with more sign may be a ground or building wall sign. than four (4) dwelling units. (B) Content. A permanent accessory sign may Number -One (1) maximum. only display any combination of the following, Sign Area -Maximum thirty-two none of which may be harmful to minors as (32) square feet. defined in this Code. Height -Eight (8) feet maximum. (1) Letters depicting the name of the building Set back, Minimum -Ten (10) feet or the name of the building occupant. front -three (3) feet side. (2) Letters depicting the nature of the busi- b. Commercial occupancy: ness and that are a maximum of fifty (50) .percent of the height of the letters in Number -One sign per parcel right- paragraph (B)(1) of this section. of-way frontage maximum. (3) A logo symbol for the building or the Sign sign Sign Face building occupant which does not exceed Setback Height Area fifty (50) percent of the allowable sign Minimum Maximum Maximum area. 5 ft. 8 ft. 30 sq. ft. (4) Street address number and/or name. 10 ft. 8 ft. 36 sq. ft. 20 ft. 10 ft. 40 sq. ft. (5) Noncommercial message. Notwithstand- 3o ft. to ft. 45 sq. ft. ing anything contained in other sections (2) Building wall signs: of the Code of the village to the contrary, any sign erected pursuant to the provi- a. Subject to the design criteria of this sions of this code may, at the option of the article, the maximum mounting applicant, contain either a noncommer- height of a building wall sign shall cial message unrelated to the business be eighteen (18) feet, except that on located on the premises where the sign is a building of more than two (2) sto- Supp. No. 25 398.13 § 6-115 NORTH PALM BEACH CODE. ries, a single building wall sign is of the facade area if the front build- allowed above eighteen (18) feet fat- ing setback is one hundred feet (100) ing each public street frontage. minimum. b. Each multiple occupancy complex Exception: An occupant that has may display one (1) permanent ac- building facade area facing multiple cessory building wall identification public street frontages mayhave one sign facing each public street front- (1) full size wall sign facing a public age on the principal building in which street frontage and one-half (~/2) size the complex is located,. not to exceed wall sign facing the other street front- ages. a sign area of twenty (20) square feet. (D) Directional signs. One (1) parking area directional sign may be erected at each point of c. Each occupant of a multiple occu- ingress and egress to a parking lot or parking panty complex that has a licensed area. Such signs shall not exceed two (2) square building frontage which has direct feet in background area nor exceed three (3) feet ground level walk-in access from a in height. Such signs shall not create a traffic or public or private roadway or side- pedestrian hazard. (See section 6-112(B)). walk may display one. (1) permanent ~ accessory building wall sign on any (E) Signs at entrances to residential develop- exterior portion of the complex that ments. is part of the occupant's unit (not (1) Generally. A permanent accessory sign including a common or jointly owned may be displayed at the entrance to resi- _ area), and that has a maximum sign dential developments. ~ area of five (5) percent of the facade area if the front building setback is (2) Restrictions. twenty-five (25) feetminimum, seven a. One (1) sign is permitted at only one (7) percent of the facade area if the (1) entrance into the -development front building setback is seventy (70) from each abutting street. The sign feet minimum and ten (10) percent may be a single sign with two (2) of the facade area if the front build- faces .of equal size or may be two (2) ing setback is one hundred (100) feet single-faced structures of equal size minimum. Exception: An occupant located on each side of the entrance. that has building facade area facing No face of the sign shall exceed thirty- - multiple public street frontages may two (32) square feet in size, and may have one (1) full size wall sign facing be illuminated in a steady light only. a public street frontage and aone- b. When considering the placement of -half (~/2) size wall sign facing the such signs, the planning commission other street frontages. shall consider the location of public d. Each occupant of a single occupancy utilities, sidewalks and future street complex may display one (1) perma- widening. vent accessory wall sign on the prin- c. The planning commission shall en- cipal building in which the occu- sure that such signs shall be main- pancy is located, not to exceed a sign tained perpetually by the developer, area of five (5) percent of the facade the owner of the sign, a pertinent area if the front building setback is owners' association, or some other twenty-five (25) feet minimum, seven person who is legally accountable (7) percent of the facade area if the under a maintenance arrangement front building setback is seventy (70) approved by the village council. If no feet minimum and ten (10) percent accountable person accepts legal re- Supp. No. 25 398.14 I ~ ` BUILDINGS AND BUILDING REGULATIONS § 6-116 sponsibility to maintain the signs shall be eight (8) inches. All street num- and no other provision has been made bers shall be a sharply contrasting color for the maintenance of them, the with the building. signs shall be removed by the devel- (4) Maintenance. It shall be the duty of the oper or owner. owner of the building to maintain the (F) Flags. -numbers on the building in good condi- tion. (1) Number. Not more than three (3) flags or insignias of governmental, religious, char- (I) Signs in P-Public Zoning District. itable, fraternal or other organizations (1) Type-On premise, wall and ground signs. may be permanently displayed on any one parcel of land. (2) Number-Such number as shall be per- mitted by the village council, in its discre- (2) Size. The maximum distance from top to tion, to assist in the administration and bottom of any flag or flags shall be twenty operation of the village and its various (20) percent of the total height of the flag governmental, recreation and proprietary pole, or in the absence of a flag pole, operations. twenty (20) percent of the distance from the top of the flag or insignia to the (3) Size-Height-Location. Shall be no ground. The maximum height of a flag greater than the signs allowed in adjacent pole shall be twenty (20) feet. zoning districts. (G) Utility signs. Public utility signs that iden- (4) Additional signs. The following additional signs are permitted: Locational and direc- . i tify the location of underground utility lines and tional signs at outdoor public recreation facilities, high voltage lines and facilities, and park and sporting events which may in- other utility facilities and appurtenances are per- elude advertising logo of the entity spon- mitted so long as they do not exceed three (3) feet soring the activity or event being held on in height, and so long as the sign face does not publicly owned property, including, but exceed one-half (i/z) square foot. not limited to youth athletic associations, (H) Street numbers. organized team competitions, swimming meets, tennis tournaments and golf course (1) Generally. Every building in the village benches with direction and ball washing shall have its street number so affixed to 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. 31-200.1, § 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, Supp. No. 25 398.14.1 § 6-116 NORTH PALM BEACH CODE marquees, and roof slopes of greater than forty- (b) If a sign has four (4) faces arranged five (45) degrees that form a side of a building or in a square, rectangle or diamond, it unit. shall be counted as two (2) signs. (B) 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) trine points or edges of the. sign face. Sec. 6-117. Design, construction, and loca- (l) Special situations. tion standards. (a) Where a sign is composed of letters (A) Generally. All permanent signs must com- attached directly to a facade, win- ply with the following design, construction and dow, door, or marquee, and the let- location standard. ters are not enclosed by 'a border or 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 stru~- t~re, 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 arranged 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. Supp. No. 25 398.14.2 I I I BUILDINGS AND BUILDING REGULATIONS r (B) Compliance with building and electrical (2) Over vehicular ways. All signs over vehic- codes required. All permanent signs, and the ular ways shall provide a minimum of illumination thereof, shall be designed, con- thirteen (13) feet six (6) inches of clear- structed and maintained in conformity with ap- ante. plicable provisions of the building and electrical codes adopted by the village. (F) Relationship to building features. A build- (C) Illumination standards. ing wall sign shall not extend beyond any edge of the surface to which it is attached, nor disrupt a (1) All illuminated signs shall be internally major architectural feature of the building. lighted and only by electricity. (2) All electric wiring shall be installed in (G) Maximum projection. A building wall sign conduit and concealed. The conduit shall may project no more than four (4) feet perpendic- be installed underground in accordance ularly from the surface to which it is attached. with the village electric code. (3) Electrically lighted signs shall be auto- (H) Maximum window coverage. The com- matically controlled to be disconnected bined area of permanent and temporary signs daily at midnight or at the close of busi- Placed on or behind windows shall not exceed ten ness if the advertised closing is later than (10) percent of the total window area at the same midnight. floor level on the side of the building or unit upon which the signs are displayed. (4) Sign lighting may not be designed or located to cause confusion with traffic (I) Format for multiple occupancy complexes. A lights. sign format for building wall signs to be placed on (D) Placement standards. multiple occupancy complexes shall be approved ~ prior to a building wall sign being permitted to be (1) In right-of--way. Supports for signs or sign constructed, altered or remodeled after the effec- structures shall not be placed in or upon a five date of this code. The sign format shall be public right-of--way or public easement. included as a submittal for authorization to erect (2) Over right-of--way. No ground .sign shall such a sign and shall be maintained on file in the project over a public right-of--way. department of public services. As a minimum, the (3) Blocking exits, fire escapes, etc. No sign or sign format shall specify the types, dimensions, sign structure shall be erected that im- Placement, colors, and shape of the signs and the pedes use of any fire escape, emergency style of lettering which shall lend a unified ap- exit, or standpipe. pearance to the signs of the occupants of the complex. The sign format shall only be modified (4) All ground signs shall be erected within with the approval of the planning commission landscaped areas. Minimum distance from upon submission of a revised plan and specifica- the edge of the landscaped area to the tions detailing the revised format. sign base shall be three (3) feet. The landscaping shall consist of shrubbery a (J) Signs required to be designed. The follow- minimum of thirty (30) inches high treat- ing signs shall be designed by a Florida registered ing a hedge or individual shrubs of the architect or engineer: same or varying species thirty (30) inches high spaced not more than eighteen (18) (1) Building wall signs that project perpen- inches apart at their base. dicularly from the surface to which it is (E) Clearance standards. attached and that are more than twelve (12) square feet in area. _ (1) Over pedestrian ways. All signs over pe- ~ destrian ways shall provide a minimum of (2) Ground signs of more than forty (40) nine (9) feet of vertical clearance. square feet in area. J Supp. No. 31 398.15 . _ i NORTH PALM BEACH CODE R, (3) AlI signs shall be designed to withstand a this article. Furthermore, if any part, section, velocity pressure of fifty (50) pounds per subsection, paragraph, subparagraph, sentence, square foot. phrase, clause, term, or word of section 6-113 is (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 05-94, § 1, declared unconstitutional b the valid 'ud ent Y J ~ 3-10-94 or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall Sec. 6-118. Severability. not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, (a) Generally.. If any part, section, subsection, term, or word of section 6-113, thereby ensuring paragraph, subparagraph, sentence, phrase, clause, that as many prohibited sign-types as may be term, or word of this article is declared unconsti- constitutionally prohibited continue to be prohib- tutional by the valid judgment or decree of any ited. court of competent jurisdiction, the declaration of (Ord. No. 23-2005, § 1, 9-22-2005) such unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- graph, sentence, phrase,. clause, term or word of Secs. 6-119-6-149. Reserved. this article. (b) Severability where less speech results. With- ARTICLE VI. ENERGY EFFICIENCY out diminishing or limiting in any way the decla- BUILDING CODE ration of severability set forth above in subsection (a), above, or elsewhere in this article, this Code, Sec. 6-150. Adopted by reference. or any adopting ordinance, if any part; section, subsection, paragraph, subparagraph, sentence, Under the authority of F.S. section 163.295, the phrase, clause, term, or word of this article is village hereby adopts, by reference thereto, the declared unconstitutional by the valid judgment Florida Model Energy Efficiency Code, for Build- : ~ or decree of any court of competent jurisdiction, ~g Construction, 1986 edition, as the energy code the declaration of such unconstitutionality shall for the village. There have been for at least ten not affect any other part, section, subsection, (10) days last past and shall be during the time paragraph, subparagraph, sentence, phrase, clause, that this code is in effect, three (3) copies of such term, or word of this article, even if such sever- code and recommended amendments kept avail- ability would result in a situation where there able for public use, inspection and examination. would be less speech, whether by subjecting pre- (Ord. No. 6-79, § 1, 4-26-79; Ord. No. 23-80, § 1, viously exempt signs to permitting or .otherwise. 10-9-80) (c) Severability of provisions pertaining to pro- hibited signs. Without diminishing or limiting in ARTICLE VII. COASTAL CONSTRUCTION any way the declaration of severability set forth. CODE` above in subsection (a) above, or elsewhere in this article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subpara- Sec. 6-151. Title. graph, sentence, phrase, clause, term or word of The provisions contained herein shall consti- this article or any other law is declared unconsti- tute the coastal construction code for construction ~ tutional by the valid judgment or decree of any court of competent jurisdiction the declaration of *Editor's note-Ordinance Nc. 22-86, § 1, adopted Dec. such unconstitutionality shall not affect any other 11, 1986, amended Art. VII in its entirety to read as herein set part, section, subsection, paragraph, Subpara- out in 6-151--6-156. Formerly, Art. VII, 6-156-6-164, graph, sentence, phrase, clause, term, or word of relative to the coastal construction code, derived from Ord. No. 3-86, § 1, adopted March 27, 1986. this article that pertains to prohibited Signs, Cross references-Boats, docks and waterways, Ch. 5; including specifically those signs and sign-types construction requirements for canals, etc., § 5-56 et seq.; 's' prohibited and not allowed under section 6-113 of bulkhead lines, Ch. 7; flood $amage prevention, Ch. 12.5. i , ,spa,, Supp. No. 31 y 398.16 - _ ~h BUILDINGS AND BUILDING REGULATIONS § 6-152 within the coastal building zone and coastal bar- rier islands in the village and shall be referred to as the "coastal code." (Ord. No. 22-86, § 1, 12-11-86) Sec. 6-152. Purpose. The purpose of the coastal code is to provide minimum standards for the design and construc- tion of buildings and structures to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal area of the village which front on the Atlantic Ocean. These standards are intended to specifically address design features which affect the structural stabil- ity ofthe beach, dunes and topography of adjacent properties. The coastal code is site specific to the coastal building zone as defined herein and is not applicable to other locations. In the event of a conflict between this article and other sections of this Code, the requirements resulting in the more restrictive design shall apply. No provisions in this article shall be construed to permit any con- Supp. No. 31 398.17 - ~ ,~~b - t. d q _ ...i 4 l d a t ----`~~ EMERGENCY MANAGEMENT § 8-5 i ARTICLE I. IN GENERAL public services building will serve as a back-up village emergency operations center should the Sec. 8-1. Definitions. need arise. As used in this chapter, the following terms, (Ord. No. 16-2001, § 1, 6-28-01) phrases, words and their derivations shall have the meanings given herein: Sec. 8-4. Powers, duties and responsibili- ties. Disaster means any natural, technological or civil emergency that causes damage of sufficient (a) The village manager, when acting as direc- severity and magnitude to result in the declara- for of emergency management shall have the tion of a state of emergency by the county, the following powers, duties and responsibilities: governor or the President of the United .States. (1) Recommend a declaration of local emer- Emergency means any occurrence, or threat gency pursuant to section 8-5. To inform thereof, whether natural, technological, or man the Village Council of the reasons for and made, in war or in peace, which results or may status of the event(s) requiring the decla- result in substantial injury or harm to the village ration. population or substantial damage to or loss of property. (2) To direct the creation, revision and exer- cise of a village comprehensive emergency Emergency management means the prepara- management plan for the mitigation of, tion for, the mitigation of, the response to, and_ preparation for, response to, and recovery recovery from emergencies and disasters, from emergencies, and to exercise all pow- (Ord. No. 16-2001, § 1, 6-28-O1) ers permitted by F.S. chapter 252. Sec. 8-2. Applicability. (3) To direct the efforts of emergency services personnel in preparation for, response to, All officers, employees, contractors, vendors, and recovery from emergency conditions. boards, commissions, authorities, and other agen- cies of the village are subject to the provisions of (4) To recommend a budget to the village this chapter. council for the creation and maintenance (Ord. No. 16-2001, § 1, 6-28-01) of an emergency response capability as provided herein. Sec. 8-3. Emergency management structure. (5) To recommend emergency regulations nec- (a) The village manager or his designee shall essary for the protection of life and prop- perform the function of director of emergency erty, establishment of public order, and management and shall implement, manage and control of adverse conditions affecting pub- report on all actions authorized and taken on the _ lic welfare resulting from an emergency, provisions of this chapter. to the mayor and/or village council. (Ord. No. 16-2001, § 1, 6-28-01) (b) Duties as director of emergency manage- ment shall include the on-going planning for and coordination of those actions necessary for the Sec. 8-5. Declaration of a state of emer- creation and maintenance of a village comprehen- gency. sive emergency management plan and of an effec- tive emergency response capability to prepare for (a) The mayor, vice mayor or village manager, and manage emergency conditions. in the order named, shall have the authority to declare a local state of emergency. Upon the (c) The public safety building's multi-purpose absence or unavailability of the mayor, vice mayor room shall serve as the village emergency opera- or village manager, the acting village manager bons center as necessary. The department of may issue such a declaration. Supp. No. 22 509 § 8-5 NORTH PALM BEACH CODE (b) Any declaration of a local state of ewer- (6) Rental of equipment. gency and all emergency regulations activated under the provisions of this chapter shall be (7) Acquisition and distribution, with or with- confirmed by the village council by resolution no out compensation, of supplies, materials, and facilities. later than the next regular meeting, unless the nature of the emergency renders a meeting of the (8) Appropriation and expenditure of public village council extremely impractical. Conf~rma- funds. Lion of the emergency declaration shall disclose (Ord. No. 16-2001, § 1, 6-28-01) ~ the reasons for, and anticipated impacts of, ac- bons proposed and taken to manage the emer- Sec. 8-6. Termination of a state of emer- gency and other pertinent data relating- to the gency. emergency requiring the declaration. A state of emergency shall be terminated by a (c) Emergency resolutions authorized under vote of the village council if practicable upon the this chapter shall include but notbe limited to the certification of the person who originally re- following subject: quested the declaration of the state of emergency, that the conditions leading to or causing the Resolution Subject emergency no longer exist and the village's de- A Evacuation partments are able to manage the situation with- B Curfews: declaration of areas off limits out extraordinary assistance; provide that a state C Suspension. or .regulation of the,. sale of, or of emergencyestablished under F.S. section 252.38 offer to sell, with or without consideration: et seq., shall terminate at the end of a period of Alcoholic beverages, ammunition, firearms, seven (7) consecutive days after the declaration of egplosivea; or combustibles D Suspension of local building regulations the emergency, unless prior to the end of the E Emergency procurement procedures seven-day period, the public official calling for or . F ~ Regulating the use of and rationing of fuel, ice the village council has terminated such state of and. other essentials emergency. Any extension of the seven-day time (ii) A local state of emergency, when declared period must be accomplished by a request from as provided herein, shall continue in effect from the public official and concurrence of the village day to ,day for a period of seven (7) days unless council by duly enacted resolution. declared terminated prior to the passage of seven (Ord. No. 16-2001, § 1, 6-28-O1) (7) days; should. the local state. of emergency be of a duration longer than seven (7) days, the decla- Secs. 8-7-8-20. Reserved. ration maybe extended, as necessary, in seven (7) day increments. ARTICLE IL CIVIL DISORDERS AND (e) When a local state of emergency is declared DISTURBANCES under this article the village has the power and authority to waive the procedures and formalities Sec. 8-21. Mayor designated local. authority otherwise required by law pertaining to: for preservation of public peace. (1) Performance of public work in taking what- The mayor is hereby designated the local au- everprudent action is necessaryto ensure thority.for preservation of the public peace, pur- the health, safety and welfare of the vil- suant to F.S. section 870.041. lage. (Ord. lvo. 16-2001, § 2, 6-28-01) (2) Entering into contracts. Sec. 8-22. Declaration of a state of emer- (3) Incurring obligations. gency. (4) Employment of permanent and tempo- (a) Whenever the director of public safety de- rary workers. termines that there has been an act of violence or (5) Utilization of volunteer workers. a flagrant and substantial defiance of, or resin- Supp. No. 22 510 i I FIRE PREVENTION AND PROTECTION § 12-17 i i ARTICLE I. IN GENERAL Educational Secs. 12-1-12-15. Reserved. Day Care, Nursery-Pre-school $ 35.00 All others 75.00 ARTICLE II. FLORIDA FIRE Healthcare/Institutional PREVENTION CODE 5,000 square feet and under $ 50.00 Sec. 12-16. Adopted by reference. 5,001-15,000 square feet 100.00 15,001-30,000 square feet 150.00 Under the authority of Florida Statutes, Sec- 30,001-100,000 square feet 250.00 tion 633.0215 and 633.025, the "Florida Fire Pre- 100,001 square feet or 350.00 vention Code" adopted by the State Fire Marshal greater in Rule Chapter 4A-60 of the Florida Administra- tive Code, including NFPA 1 Fire Prevention Code Transient Lodging, Apartment, Residential Board (2000 edition) and NFPA 101 Life Safety Code and Care, and Adult Living Facilities (2000 edition), both as modified by Rule Chapter 4A-60 ofthe FloridaAdministrative Code, is herein 24 units and less $ 50.00 adopted by reference as the minimum fire code for 25-100 units 75.00 the village. There has been for at least ten (10) 101-500 units 150.00 days last past and shall be during the time that 501 units or greater 250.00 this code is in effect, two (2) copies available for public use, inspection, and examination. Mercantile, Office, Storage, Industrial (Ord. No. 12-2002, § 1, 5-9-02) and Manufacturing Editor's note-Ord. No. 05-2002, § 6, adopted Feb. 28, 2002 and Ord. No. 12-2002, § 2, repealed § 12-16, in its 5,000 square feet and under $ 35.00 entirety. Ord. No. 12-2002, § 1, adopted May 9, 2002, enacted 5,001-15,000 Square feet 50.00 provisions to read as herein set out. Prior to amendment § 12-16 pertained to [fire prevention code] adopted by refer- 15,001-30,000 square feet 75.00 ence and derived from Code 1970, § 6-11; Ord. No. 16-75, § 1, 30,001-100,000 square feet 150.00 adopted Oct. 9, 1975; Ord. No. 13-77, § 1, adopted July 14, 100,001 square feet or 250.00 1977; Ord. No. 22-80, § 1 adopted Oct. 9, 1980; Ord. No. 7-83, greater § 1, adoptedAug. 25, 1983; Ord. No. 3-87, § 1, adopted Jan. 22, 1987; Ord. No. 6-90, § 1, adopted Mar. 22, 1990; Ord. No. 13-92, § 1, adopted Sept, 10, 1992; and Ord. No. 11-97, § 1, Marinas and Boat Storage Facilities adopted Feb. 27, 1997. Cross references-Building, gas, mechanical and plumb- 50 boat S1ipS and under $ 50.00 ing codes adopted, § 6-17; housing code adopted, § 15-1. 51-100 boat slips 150.00 101-250 boat slips 200.00 Sec. 12-17. Fire inspection fee schedule. 251 boat slips or greater 300.00 (a) Effective October 1, 2006, the following annual fire inspection fees are hereby established Tent and Temporary Structures for both new and existing buildings .inspected All $35.00 under the provisions of this Code: Assembly (b) There shall be atwenty-five-dollar charge Occupancy of: for each reinspection which requires an addi- 50-299 $ 50.00 tional trip to a building or job site by a -fire 300-999 75.00 inspector. This fee shall be applicable to new 1,000--4,900 150.00 construction and existing buildings. 5,000 or greater 250.00 Supp. No. 32 725 § 12-17 NORTH PALM BEACH CODE (c) The effective date for collection of fire in- spection fees is October 1, 2006, and on an annual basis thereafter and to be made a part of the occupational license and paid therewith. (Ord. No. 2006-13, 1, 2, 8-10-06) Secs. 12-18-12-28. Reserved. ~-1itTICLE III. FIRE DIVISION" DIVISION 1. GENERALLY Sec. 12-2J. r C Bated; function. A division to be hereafter known as the Village of North Palm Beach Fire Division, the object of which shall be the prevention and extinguish- ment of fire and the protection of life and property within the limits of the village, is hereby created. (Code 1970, § 15-1) Sec. 12-30. Composition. (a) The division created by this article shall. consist of a chief and such other officers as the ` ~ ~ village - *Editor's note-On Aug. 27,.1968 the village entered into a mutual fire-fighting aid or protection pact with other mu- nicipalities and fire control districts located in county (see Resolution No. 363-68). CroasrBferences-Administrative code provisions on de- partment of public safety, § 2-75 et seq.; length of service award plan for volunteer firefighters, § 2-170 et seq. ~ Supp. No. 32 726 i I -'~ HEALTH AND SANITATION § 14-28 ARTICLE I. IN GENERAL Sec. 14-26. Frequency of collection. Secs. 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 of 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- lays and twenty-three cents ($4.23) per lishment within the village and at each multifam- month, or fraction thereof. R 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 sary 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. 25 891 § 14-29 NORTH. PALM BEACH. CODE: - ~ Sec. 14-29. Same-When and where paid. tag 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 council in the amount of the fees- due against the for which service is rendered. All delinquent ac- property to which service is available, and/or counts are subject to stoppage of service without action by the village code enforcement board. notice. If a delinquent account is not paid within 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 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; Ord. No. 29-2002, § 1, 10-10-02) 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. 14-3'7. Definitions. cedures. (1) For purposes of this section, commercial As used in this division, the following terms f use property shall include all property parcels in shall -have the indicated meanings: 1 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- ernm.ental 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. Iles, trucks, tractors, go-carts, golf carts, campers, trailers and motorboats. Occupancy Category Fee per Square Foot Private property means any real property within Low $ 0.033 the village which. is privately owned and which is Medium 0.088 not public property as defined in this section. High 0.479 Public property means any street or highway Occupancy category is as determined by the Palm which 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. 25 892 I i I HEALTH AND SAI~'ITATION § 1438 for the purposes of vehicular travel, and shall also mean any other publicly owned property or facil- ity (Code 1970, § 23-16; Ord. No. 7-73) Cross reference-Rules of construction and definitions generally, § 1-2. Sec. 14-3~. Prohibited conditions; ennmer- ated exceptions. - No person shall park, store, leave or allow or permit the storage, leaving or allowing of any abandoned, wrecked, dismantled, I Supp. No. 15 892.1 fji t ,1 , HOUSING § 15-2 j; Sec. 15-1. Housing code-Adopted by refer- justments and appeals. Such appeal shall state ence. the location of the property, the date of the The Village Council of the Village of North notice of violations, and the number of such Palm Beach, Florida, does hereby adopt by refer- notice. The appellant must state the variance ence the Standard Housing Code, 1997 Edition, of or modification requested, the reasons therefor, the Southern Building Code Congress Interna- and the hardship or conditions upon which the tional, Inc., as the housing code for the village. appeal is made. Appeals shall be on forms There have been for at least ten (10) days last Provided by the department of public services, and shall be accompanied by a filing fee of one past and shall be during the time that this code is hundred fifty dollars ($150.00). in effect, three (3) copies of such code and recom- mended amendments kept available for public Section 202. Definitions use, inspection and examination. (Code 1970, § 19.3-11; Ord. No. 8-75, § 1, 7-10-75; The definitions for "dwelling" and "family" Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, contained within section 202, Definitions, are 10-9-80; Ord. No. 8-83, § 1, 8-25-83; Ord. No. hereby amended to read as follows: 21-86, § 1, 11-13-86; Ord. No. 5-90, § 1, 3-8-90; Dwelling is any building or structure de- Ord. No. 3-92, § 1, 2-27-92; Ord. No. 27-2001, § 2, signed exclusively for residential occupancy. A 9-13-O1) dwelling may be designed for one-family, two- Cross references-Rzstrictions on living aboard house- faml.ly or multiple-family occupancy, but not boats, § 5-15; building, gas, mechanical and plumbing codes including hotels, clubs, motels, boarding or adopted, § 6-16; electrical code adopted § 11-11; fire prevention code adopted § 12-16. lodging houses or house trailers whether such trailers be mobile or located in stationary fash- Sec. 15-2. Same-Amendments. ion as when on blocks or other foundation. The following amendments and additions are Family shall mean one or more persons hereby made to the housing code adopted by living in the same single or multiple family section 15-1 of this code: dwelling unit, all of whom are related by blood, . marriage or adoption, or a group of persons all .102.1 Enforcement Officer. of whom are not so related which does not There is hereby established by the applica- exceed two (2) unrelated persons in number. ble governing body provisions for the enforce- This term shall not include the occupants of a ment of this code by the housing official. The rooming or boarding house, group home%ongre- director of public services shall serve as the gate living facility or other similar use with housing official. shared cooking or sanitary facilities. 106.1 Appointment. 305.15. Accessory Structures. There is hereby established a board to be Garages, .storage buildings, docks, piers, boat called the housing board of adjustments and hoists, dolphin poles, bulkheads, swimming appeals. The board shall be appointed by the pools and the waters therein, screen enclo- village council. The construction board of ad- sures, fences, walls, driveways, sidewalks, an- justments and appeals established by Chapter tennas and all other accessory structures shall 6 of the village Code shall act as the housing be maintained and kept in good repair and board of adjustments and appeals. sound structural condition. All sections of this code are applicable as determined by the build- Section 107. Appeal. ing official subject to standard appeal as out- Anyperson receiving written notice from the lined in section 107. housing official of deficiencies in his property 307.4. Care of Premises. under this Code may within thirty (30) days following the date of such notice enter an It shall be unlawful for the owner or occu- appeal in writing to the housing board of ad- pant of a residential building, structure or Supp. No. 27 947 i I § 15-2 NORTH PALM BEACH CODE l --t roe to utilize the remises of such resi- breaks broken lass crumblin stone brick or P P ~Y P , , g , g dential property for the open storage of any stucco or other conditions reflective of deteriora- abandonedmotor vehicle, abandoned boat, aban- tion or inadequate maintenance. doped trailer, ice box, refrigerator, stove, glass, ~ building exterior wall surfaces shall be kept building material, building. rubbish or similar free of faded or chipped paint and shall be main- items. It shall be the duty and responsibility of tained in repair and condition to prevent deterio- every owner or occupant to keep the premises ration, and must be repainted, recovered or cleaned of such residential property clean and to re- when twenty-five (25) percent or more of any move from the premises. all such abandoned exposed surface becomes discolored or is peeling. items listed above. All' off-street parking spaces and driveways shall Landscaping. be asphalt, concrete, block, stone, brick or similar smooth durable surface or durable surface as The entire yard where exposed to public view approved by the public services director. must be landscaped. Play areas, flowerbeds, drive- ways, walks, etc., not intended to have vegetative All off-street parking and driveways shall be kept cover should be clearly defined. and maintained in good repair and sound structural condition. free of uncultivated growth. Asphalt; concrete, and brick paver surfaces shall not show signs of excessive surface deterioration, Landscaping shall be maintained so as to present such as potholes and substantial cracks. All drive- a healthy, neat and orderly appearance at least ways shall be free of errant vegetation. Stone equal to the original installation and shall be surface driveways shall be maintained in a neat mowed or trimmed in a manner and at a fre- appearance and bordered. Stone material shall be quency so as not to detract from the appearance of so maintained as to not spread onto public streets the general area. Any grass and brush growing in and sidewalks. ~ ` ~ excess of nine (9) inches in height, dead trees, 308.1 Compliance Exceptions. trash and garbage shall be removed from the premises. Landscaping shall be maintained to No person shall operate a rooming house, or minimize property damage and public hazards, shall occupy or let to another for occupancy any including the removal of low hanging branches rooming unit in any rooming house, except in over sidewalks and paved areas and those ob- compliance with the provisions of every section strutting street lighting and traffic control signs. of this code except the provisions of 301 and 302. Landscaping shall be kept free of visible signs of 101.3.4. All residential properties, buildings insects and disease and appropriately irrigated and structures annexed into the Village shall and fertilized to enable landscaping to be in a comply, upon annexation, with the requirements healthy condition. of chapter 15, housing, sections 15-1 and 15-2, All roadways; curbs and sidewalks shall be edged with the following exception: to prevent encroachment from the adjacent turf The provisions of subsection 307.4 shall ap- areas. ply 2 (two) years (twenty-four (24) months) after date of annexation. Buildings, Structures (Code of 1970, § 19.3-12; Ord. No. 8-75, § 1, 7-10-75; Ord. No. 14-77, § 1, 7-14-77; Ord. No. The exterior of all premises and every structure 28-80, § 1, 10-9-80; Ord. No. 21-86, § 1, 11-13-86; thereon where exposed to public view; shall be Ord. No. 5-90, § 2, 3-8-90; Ord. No. 3-92, § 2, maintained in a condition that shall not show 2-27-92; Ord. No. 27-2001, § 3, 9-13-01; Ord. No. evidence of deterioration. All screened enclosures 23-2003, 1, 2, 9-11-03) shall be properly fitted and. maintained. All sur- faces shall be maintained free of weathering, discoloration, ripping, tearing or other holes or ~ . Supp. No. 27 948 [The next page is 997] Chapter 17 LICENSES A1~TD 1VIISCELLANEOU5 BUSINESS REGULATIONS* Art. I. In General, 17.1-17-16 Art. II. Occupational Licenses, 17.16-17.33.1 Art. III. Businesses Located Outside Village Limits, 17-34-17-39 Art. IV. Reserved, 17.40-17-49 Art. V. Ambulances, 17.60-17-60 Art. VI. Garage and Other Sales, 17.61-17.63 *Editor's note-Ordinance No. 7-81, § 1, adopted July 23, 1981, amended the occupational license provisions, formerly codified in Art. II, 17-16-17.28, to be set out in Art. I, 17-16-17-33(a)(b) and Art. II, 17.34-17.34.14. At the editor's discretion, such provisions have been redesignated as Arts. II and III, and 17-33(a), (b) and 17-34-A-17-34-14 have been redesignated as 17-33.1 and 17-34.1-17-34.13, respectively, in order to maintain Code format. Former Arts. III-V of Ch. 17 have been renum- bered as Arts. 1V-VI to facilitate the inclusion of this amendment. The deleted sections previously derived from Code 1970, 20-1-20-14 and 20-21, and Ord. No. 11-72, § 1. Cross references-Enforcement of Ch. 17 by code enforcement inspector, § 2-171 et seq.; alcoholic beverages, Ch. 3; boat operators required to comply with license laws, § 5.5; requirement of occupational license for different classes of contractors, § 6-74; sign permits, § 6-113; bulkhead filling permits, § 7-16 et seq.; registration of electricians required, § 11-36; noise control regula- tions, § 19.99 et seq.; regulation of business activities with potential to contaminate land and water resources, § 19-221; permits for meetings and gatherings in public parks, § 20-31 et seq.; permits for street excavations, § 24-28 et seq.; permits for sidewalks and driveways, § 24.55 et seq.; construction permits for swimming pools, § 25-23 et seq. 1o5i +i . ~ I -~ ~ ` it I LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-2 Single Violation of Maximum Fines lage and/or its subscribers, whether ac- tual or potential, and may include without (i) Subsection (j) hereof. $350.00 limitation, increased costs of administra- (j) Subsection (k), tion, enforcement and other damages dif- hereof. $500.00 ficult to measure. (k) Subsections (m)(1)--- (5), hereof. $250.00 (3) Any person who intentionally files a false (1) Subsection (m)(6) complaint against a franchisee shall be hereof. $500.00 subject to a fine, payable to the village, in (m) Subsection (n) hereof. $250.00 the amount of fifty dollars ($50.00) for the (n) Subsection (o) hereof. $250.00 first violation and one hundred dollars (o) Subsection (p) hereof. $250.00 ($100.00) for each subsequent violation. (p) Subsection (q) hereof. $250.00 (4) Intentional misrepresentation by a fran- (q) Subsection (s) hereof. $250.00 chisee in any response to a notice of proposed refund and/or .fine shall be (1) Prior to assessing a fine, the village man- grounds for revocation of the franchise. ager or designee shall consider any justi- fication or mitigating factor advanced in (5) In addition to complying with the cus- franchisee's written response, including, tourer service. standards set forth in this but not limited to rebates or credits to the section or in any franchise issued pursu- subscriber, acure or commencement of a ant to this section, a franchisee shall cure of the violation, and the payment of comply with all customer service stan- anypenalty to Palm Beach County for the dards applicable to cable systems of the same violation. The village manager or FCC and any other applicable law govern- ~ designee may, after consideration of the ing the operations of the cable system response of the franchisee, waive or re- within the village. If during the term of duce any proposed fine. any franchise granted pursuant to this section, the FCC modifies the customer (2) Subsequent to the notice of proposed fine service standards applicable to franchi- to franchisee and consideration of the see, the village may modify this section to franchisee's response, if any, and after reflect any such new customer service following the procedures set forth in this standards. section, the village may issue anassess- (u) The village expressly reserves the right to went of fine. Any fine will commence as of consider violations of the customer service require- the date of the written notice specifying ments in evaluating any renewal, .modification or the violation at issue. The .fine shall be transfers of any franchise agreement. paid within thirty (30) days of written notice of assessment to the franchisee. (v) The village and franchisee recognize that The village may enforce payment of the the customer service standards set forth in this refund or fine in any court having juris- section reflect the current operating procedures of diction or if franchisee challenges the as- franchisee. If franchisee's current operating pro- sessment in a court of competent jurisdic- cedures change during the term of any franchise tion, within thirty (30) days of a final granted pursuant to this section, the village agrees non-appealable decision that the assess- to meet with franchisee to discuss appropriate went is valid. This fine shall constitute modifications to such standards and to consider liquidated damages to the village for the such reasonable modifications to the standards violation and the village may enforce pay- set forth herein as requested by a franchisee to went of the fine in any court having reflect any such new operating procedures. Upon _ jurisdiction. It is the intent of the village request of the franchisee, the village shall also ~ to determine fines as a reasonable esti- discuss with franchisee the need to continue such ~ mate of the damages suffered by the vil- regulation in light of the competition that fran- Supp. No. 31 1054.5 a --- _ ~ ~a § 17-2 NORTH PALM BEACH CODE chisee may face in the provision of cable-services (d) Standards. Prior to the issuance of an ~- to subscribers and to consider such reasonable occupational license and as continuing opera- modifications to the customer service standards tional standards, home occupations "shall comply set forth herein in light of the competitive envi- with the following: ronment. Notwithstanding anything to the con- trary, franchisee shall be obligated to comply with (1) No person shall be employed in a home this section unless modifications are agreed upon occupation who is not a permanent by the village and franchisee in writing. domiciliary resident of the dwelling unit in which the home occu anon exi sts. (w) Subscriber privacy. p (1) A franchisee shall at all times protect the (2) The floor area within a dwelling unit privacy of all subscribers to the full extent devoted to a home occupation shall not required by Section 631 of the Communi- exceed twenty-five (25) percent of the gross cations Act, 47 U.S.C. § 551 and state law. floor area of the dwelling unit excluding porches, garages, carports and other ar- (2) Unless otherwise permitted by federal or eas which are not considered living area. state law, neither the franchisee nor its agents or employees shall, without the (3) The activities of a home occupation shall prior and specific written authorization of occur entirely within the dwelling unit, the subscriber involved, sell, or otherwise excluding accessory structures such as make available for commercial purposes garages, carports and sheds. the names, addresses or telephone num- (4) There shall be no external evidence of the begs of any subscriber or subscribers, or existence of a home occupation within a any information which identifies the indi- dwelling unit. Signs, displays, off street ~ vidual viewing habits of any subscriber or p~~g areas other -than driveways nor- subscribers. wally required for residential use, or other (Ord. No. 24-2005, § 1, 9-22-05) advertising of any kind are prohibited. Sec. 17-3. Home occupations. (5) No tangible goods or services of any kind (a) Home occupations as permitted uses. Home shall be sold or transferred to a customer, occupations shall be permitted uses within R-1 consumer or client on the premises of a Single-family Dwelling District, R-2 Multiple- home occupation, excluding facsimile ma- familyDwelling District and R-3 Apartment Dwell- chine, telephone and /or postal transac- ing District, and mixed-use ResidentiaUCommer- bons. cial PUDs. (6) A home occupation shall not create noise, (b) Definition. Home occupation is defined to vibration, glare, fumes, odors, dust, smoke mean any activity for which an occupational li- or electromagnetic disturbances No equip- cense of the Village of North Palm Seach is went or processes shall be used which required by law, which is conducted within a create visual or audible interference in dwelling. unit in a residential district. any radio or television receiver located nearby. No chemicals or chemical equip- (c) Occupational license required. It shall be a went shall be used, except those that are violation for any person to conduct a home occu- used for domestic or househ-old purposes. pation without first obtaining an occupational No motor or engine power, other than license therefor issued by the village. The public electrically operated motors, shall be used service department may impose reasonable con- in conjunction with such home occupation ditions upon an occupational. license issued fora and the total horsepower of such permit- home occupation for the purpose of insuring cow- ted electrical motors shall not exceed three r Nance with the standards set forth in section P (3) horsepower, or one horsepower for any 17-2(d). single motor. Supp. No. 31 1054.6 r A ~ ~ f ' ? ~ ~ rt.. ~ ~ y LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-17 (7) Vehicular and pedestrian traffic shall not (g) Appeals. An applicant for an occupational be generated by a home occupation in a license whose application is denied for failure to greater volume or a different vehicle type meet the standards set forth in this section or who than the traffic typical in a residential objects to any conditions imposed by the depart- neighborhood in the village. went may appeal the reasonableness of either to (8) Deliveries of any kind required by and the zoning board of adjustment which may direct made to the premises of a home occupa- that the license be issued with or without condi- tion shall not exceed one business deliv- tions or may modify, add to or delete the imposed conditions. ery per day. (9) The giving of art, music or other instruc- (h) Repeal of ordinances. All ordinances or tions or lessons shall be limited to not Parts of ordinances in conflict herewith are hereby more than two (2) persons at .any one repealed. time. (i) Effective date. This section [Ordinance No. (10) Outdoor storage or any materials shall 2-95] shall be effective upon the date of passage. not be permitted. (Ord. No. 2-95, 1-9,1-26-95; Ord. No. 24-2005, (11) The use of the premises for the home § 2, 9-22~ 05) Editor snote-Ord. No. 2-95, adopted Jan. 26, 1995, has occupation shall be clearly incidental and been codified herein at the discretion of the editor as § 17-2. subordinate to its use for residential pur- Cross reference-zoning, App. C. poses by its occupants, and shall, under no circumstances, change the residential Secs. 17-4-17-15. Reserved. character thereof. (e) Affcdavit of applicant required. An appli- ARTICLE II. OCCUPATIONAL LICENSES* cant for an occupational license for a home occu- pation shall at the time of application file an Sec. 17-16. License required; basis of one affidavit wherein the. applicant: year. (1) Agrees to comply with the standards set forth in this section; A tax is hereby imposed by the village upon each and every business, profession and occupa- (2) Agrees to comply with the conditions im- tion having a business location or branch office posed by the department to insure com- within the village, in the respective amounts set pliance with such standards; forth in section 17-33 of this Code. In addition, (3) Acknowledges that a departure therefrom each and every such business, profession and may result in a suspension of termination occupation which directly engages in interstate of the occupational license; and commerce, or which competes with any business, (4) Acknowledges that the village shall have Profession or occupation engaged in interstate commerce shall be licensed pursuant to this Code the right to reasonably inspect the pre- in the respective amounts set forth in section raises upon which the home occupation is 17-33. Unless otherwise stated, the amount of conducted to insure compliance with the such tax specified shall be on the basis of one (1) foregoing standards and conditions, and year. to investigate complaints, if, any, from neighbors. (Ord. No. 7-81, § 1, 7-23-81) (f) Violation of standards or conditions deemed Sec. 17-17. Registration required. a Code violation. Failure by a home occupation licensee to comply with the standards of this ~Y Person who engages in any business, occu- ` . section and with the conditions imposed by the pation or profession within the village not re- de artment shall be deemed a violation of this P State law references-Municipal home rule powers, i Code. F.S. § 166.021; local occupational license tax act, F.S. Ch. 205. Supp. No. 31 1054.7 , § 17-17 NORTH PALM BEACH CODE ; quired to be licensed hereunder shall be certified tax, the license shall expire at the end of the with the licensing officer by executing an infor- period for which such license is issued as mation form provided by the village. The purpose hereinabove specified. of such certification is to provide the village with (Ord. No. 7-81, § 1, 7-23-81) information concerning those who are doing busi- nesswithin the village and, where appropriate, to Sec. 17-20. License renewal• delin uenc q Y 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 be deemed guilty of a misdemeanor of the second renewed by October 1 shall be considered delin- degree. quent and subject to a delinquency penalty often (Ord. No. 7-81, § 1, 7-23-81) (10) percent of the full year license fee for the month of October, plus an additional five-percent Sec. 17-18. Application for license. penalty for each month of delinquency thereafter until paid. The total delinquency penalty shall Before the village shall be required to issue a never exceed twenty-five (25) percent of the full license for engaging in or carrying on any of the year license fee for that applicant, in addition to businesses, professions or occupations specified the license fee set forth herein. and set forth herein, it shall be the duty of the (Ord. No. 7-81, § 1, 7-23-81) applicant to file an application with the licensing State law reference-Delinquency penalties, F.S. officer, such applicant to be in the form required § 205.053. by the village and such applicant shall be re- _ _ quired to furnish to the village such other infor- Sec. 17-21. How tax construed as to speci- mation not contained in the application as the fied professions. village manager may require. The tax provided in section 17-33 for archi- (Ord. No. 7-81, § 1, 7-23-81) tects, auctioneers, auditors or accountants, den- tists, draftsmen, civil engineers, lawyers, osteo- Sec. 17-19. Issuance of license; duration; half- paths, chiropractors, chiropodists, phrenologists, year license; when due and pay- physicians or surgeons, real estate salesmen, or able. other similar professions, shall be construed to All licenses shall expire on the thirtieth day of mean that each individual shall pay the tax September of each year. No license shall be issued herein provided, whether practicing by himself or for more than one (1) year. For each license ~ partnership or employed by another. obtained between September 1 and March 31, the (Ord. No. 7-81, § 1, 7-23-81) full tax for one (1) year shall be paid except as hereinafter provided. For each license obtained Sec. 17-22. Special permit for nonprofit en- between April 1 and September 1, one-half of the terprise. full tax for one (1) year shall be paid except as The licensing officer shall issue special per- otherwise provided. Ahalf--year license issued wits, without payment of any license fees or other pursuant to the provisions of this article, how- charges therefor, to any person or organization for ever, shall be granted only as an initial license. the conduct or operation of a nonprofit enterprise, Subsequent licenses must be issued on a full-year either regularly or temporarily, when he finds basis regardless of the date of application, except that the applicant operates without private profit, where a period of at least five (5) subsequent for a public, charitable, educational, literary, fra- consecutive years without a license has elapsed in t which case the characteristics of an initial license ternal or religious purpose. ~ will apply provided all other provisions of this (1) Application for special permit. An appl- article are fully satisfied. Upon payment of such cant for a special permit shall submit an Q ~_~a ~ Supp. No. 31 1054.8 ` ~ ~"'>- - ~ i i LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-22 application therefor to the licensing of- ficer, upon forms prescribed by the officer, and shall furnish such additional informa- tion and make such affidavits as the li- censing officer shall require. (2) Special permittees must conform. A per- son operating under a special permit shall operate his nonprofit enterprise in com- pliance with this section and all other rules and regulations. (Ord. No. 7-81, § 1, 7-23-81) State law reference-Exemption for charitable, etc., activities, F.S. § 205.192. `3 1 i.. , Supp. No. 31 1054.9 f - ~T s-:.~, 1 ~ ~ 1 j ~,s. ~t '.- ~ ~ _ r I - " LICENSES AND MISCELLANEOUS BUSINESS REGULATION § 17-28 Sec. 17-23. Declaration where fee depends Sec. 17-25. Transfer of license to new loca- on variable factors within tion. applicant's knowledge. Business licenses may be transferred from lo- Whenever the amount of the license applied for cation to location with the approval and written depends upon the amount of stock in trade carried authorization of the licensing officer endorsed by the applicant, or the number of sleeping rooms thereon, provided no change of ownership has in a hotel, motel, apartment or rooming house, occurred or is in process and the license classifi- etc., or the amount of capital invested in the cation in which the license was originally issued business, or the number of seats or spaces in a remains unaffected, but such transferred license restaurant, etc., or the number of employees, or shall not be held good for any longer time or any the number of vehicles, or any other facts not other place than that for which it was originally within the personal knowledge of the licensing issued; provided that the original license shall be officer, no license shall be issued until the appli- surrendered to and filed with the licensing officer cant therefor has made and filed with the licens- at the time application for transfer is made, and ing officer a declaration setting forth the amount such transferred license after being approved of stock in trade, the number of sleeping rooms, shall be of the same force and effect as the the amount of invested capital, the number of original license. At the time any such license is seats or spaces, the number of employees, the transferred, the person applying for such transfer number of vehicles, or other facts upon which the shall pay to the licensing officer a transfer fee amount of such license depends, which, to the equal to ten (10) percent of the annual license tax best of the applicant's knowledge and belief, is but not less than three dollars ($3.00) and not true, correct and complete. more than twenty-five dollars ($25.00). (Ord. No. 7-81, § 1, 7-23-81) (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 15-94, § 2, 7-11-94) I SeC. 17-24. Transfer of license to new owner. State law reference-Transfer to new location, F.S. § 205.043(3). Business licenses granted or issued under the provisions of this article maybe transferred with Sec. 17-26. License to be posted or carried. the approval and written authorization of the All licenses granted hereunder shall be posted licensing officer endorsed thereon, with the busi- in a conspicuous place on the premises where the ness for which they were taken out when there is licensed business is being conducted, either sta- abona fide sale and transfer of the property used tionary or mobile or in case of solicitors and and employed in the business, but such trans- canvassers, said license must be carried upon ferred license shall not be held good for any longer their person. time or any other place than that-for which it was (Ord. No. 7-81, § 1, 7-23-81) originally issued; provided, that the original li- cense shall be surrendered and filed with the Sec. 17-27. Duplicate licenses. licensing ofi`icer at the time application for trans- The licensing officer shall make a charge of one fer is made, and such transferred license after dollar ($1.00) for each duplicate license issued to being approved shall be of the same force and replace any license issued under the provisions of effect as the original license. At the time any such this article which has been lost, stolen, defaced or license is transferred, the person applying for destroyed, without any willful conduct on the part such transfer shall pay to the licensing officer a of the licensee, upon the filing by the licensee of a transfer fee equal to ten (10) percent of the statement attesting to such fact. annual license tax but not less than three dollars (Ord. No. 7-81, § 1, 7-23-81) ($3.00) and not more than twenty-five dollars Sec. 17-28. Doing business not covered by ($25.00). license; license obtained by false (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 15-94, § 1, statements void ab initio. 7-11-94) State law reference-Transfer to new owner, F.S. No license issued under the provisions of this § 205.043(2). article shall protect any person from prosecution Supp. No. 27 1055 § 17-28 NORTH PALM BEACH CODE for transacting any business,. trade or profession Sec. 17-31. License tax exemptions.. not covered by such license, nor shall it protect any merchant doing business with a greater stock (a) All persons entitled to license tax exemp- tions by law in connection. with state and county in trade than covered by such license, or any hotel licenses shall be entitled to exemption under this keeper or rooming house keeper having a greater article. number of rooms than is covered by such license. Any license issued upon any false statement made (b) Any person entitled to an exemption pro- under oath shall be considered as void ab initio vided by this section shall, upon application and and shall not protect the holder thereof from furnishing of the necessary proof, execute an prosecution for transacting business without a affidavit supporting his right to exemption, and license. be issued a license which shall have plainly (Ord. No. 7-81, § 1, 7-23-81) stamped or written across the face thereon the reason for exemption. (Ord. No. 7-81, § 1, 7-23-81) Sec. 17-29. Compliance by principal deemed compliance by agent; noncompli- Sec. 17-32. Engaging in business without li- ance of principal. tense or under license issued on false statements. Where the principal, master or employer has It shall be unlawful for any person to engage in tom lied with the rovisions of this article it P P shall be unnecessary for his agent, servant or any business, profession or occupation required to employee to comply herewith, unless otherwise be licensed hereunder without a licensee or under expressly provided for herein; provided, however, a license issued upon false statements made by such person, or in his behalf. Any person engaged that in the event such principal, master or em- in any such business, profession or occupation ployer shall not have complied with this article, without first obtaining a license, ifrequired herein, each of his agents, servants or employees shall be shall pay a penalty of twenty-five (25) percent of ~ subject to prosecution, and, upon conviction, to the full year license fee for such trade, in addition fine or imprisonment to the same extent as his to the license fee set forth herein. principal, master or employer. (Ord. No. 7-81, § 1, 7-23-81) In any original prosecution under this section, the fact that such person is open for business, shall be prima facie evidence of engaging in such Sec. 17-30. Suspension or revocation of li- trade, business, profession or occupation, and the tense; refund of fee. burden shall be upon the defendant to rebut the same. Any license hereafter issued by the village may (Ord. No. 7-81, § 1, 7-23-81) be temporarily suspended or absolutely revoked or cancelled by a majority vote of the village Sec. 17-33. License tax schedule. council, when such council shall have ascertained and determined, in the exercise of its sound The amount which shall be paid by the several discretion, that such action will promote the pub- firms, persons or associations engaging in or lit peace, health, safety, welfare, harmony or good managing businesses, professions or occupations order of the neighborhood in which the licensee's for which a license is required is hereby fixed as place of business is located; provided, however, follows: that in the case of the revocation and cancellation AGRICULTURAL SERVICES of such license, the village refund to such licensee Veterinary Services: the pro rata unearned or unused portion of his license, provided, fm~ther, that no refund shall be Veterinary service from a truck $ 132.00 made where the license is temporarily suspended. Veterinary service to animal spe- (Ord. No. 7-81, § 1, 7-23-81) cialities 132.00 .r:, Supp. No. 27 1056 LICENSES AND MISCELLANEOUS BUSINESS REGULATION § 17-33 -_ Animal specialty services, except Natural gas distributors 578.50 veterinary 132.00 Liquified petroleum distributors 578.50 Landscape counseling and plan- Water supply (franchise)........... 578.50 ning 132.00 Lawn and garden service........ 110.00 Sanitary sewer services (franchise) . 578.50 Ornamental shrub and tree ser- WHOLESALE TRADE (See RETAIL) vice 110.00 Wholesale trade -durable goods: Building construction-Contractors Inventory value cost -not exceed- as defined by the Contractors Li- ing $1,000.00 38.50 tensing Board of Palm Beach County 132.00 Each additional $1,000.00....... 9.45 TRANSPORTATION RETAIL TRADE Local trucking 93.00 Retail store: Taxi cabs: Inventory value cost -not exceed- ing $1,000.00 38.50 Each place or business 66.00 Each additional $1,000.00....... 9.45 Each vehicle 66.00 Filling station, marine/auto/other: Water transportation of passengers. 66.00 1-4 dispensers 93.00 ' Marinas (also see retail) each space Each additional dispenser 27.00 (minimum $55.00); each......... 3.30 Water transportation services NEC. 66.00 Eating place ($54.50 minimum) each seat 2.70 Arrangement of passenger transpor- Drinking place (alcoholic drinks) tation 164.50 ($54.50 minimum) each seat..... 2.70 Arrangement of freight/cargo trans- Food service - no seats 132.00 portation 164.50 Non-store retail COMMUNICATIONS Catalog and mail order 132.00 Radiotelephone communications 176.00 Automatic merchandise machines Telephone company (franchise)..... 66.00 operator 280.00 Each machine 32.50 Telephone communication except ra- diotelephone 176.00 Fuel oil dealer.................. 132.00 Telegraph 478.50 LP gas dealer (bottled gas) 132.00 Radio/television broadcasting 412.50 Direct selling -each person/ vehicle 132.00 Cable and other pay television ser- Solicitor/canvasser each: vices 412.50 Per year 346.50 ELECTRIC, GAS AND SANITARY SERVICES Each canvasser 115.50 Electric services (franchise) 578.50 Retail store NEC: Natural gas transmission (franchise) 578.50 Florist 132.00 Supp. No. 27 1057 i ~ § 17-33 NORTH PALM. BEACH CODE Tobacco store 132.00 Coin operated laundry, dry clean- Ne r n ws stand 132.00 ing 132.00 i ws Beale / e Optical goods store 132.00 Operator 1-20 machines... 132.00 Each additional machine 6.50 Miscellaneous Retail Store NEC (Con- signment, Pawn) 132.00 Photographic studio, portrait 132.00 Beauty shop 132.00 FINANCE, INSURANCE, REAL ESTATE Each state licensed operator 37.50 Depository institution 297.00 Barber shop.................... 132.00 Non-depository institution 297.00 Each state licensed operator 37.50 Security and commodity brokers/ Shoe repair shop 132.00 dealers 716.00 Funeral service................. 297.00 Brokers sales agent 37.50 Additional for ambulance ser- vice 186.50 INSURANCE Tax preparation service 132.00 Insurance carriers 132.00 Miscellaneous personal service Insurance agents, broker service 132.00 NEC 132.00 Insurance sales agent 132.00 Advertising agency 132.00 REAL ESTATE Consumer credit reporting/collec- tion 132.00 Real estate operator ($54.50 mini- Mailing, reproduction, commer- ~ m~)~ cial art and stenographic ser- Base (1-5 sleeping rooms) 15.75 vice 132.00 Each additional room 3.30 Service to dwellings 132.00 Real estate agents and manager 132.00 Miscellaneous equipment rentaU leasing 132.00 Real estate sales agent 37.50 Personnel supply service 132.00 Title abstract office 132.00 Computer programming, data pro- Land subdividers and developers 186.50 cessing 132.00 Holding and other investment of- Miscellaneous business service fices 297.00 NEC...................... 132.00 Business services NEC.......... 132.00 SERVICES Telemarketing 186.50 Hotels rooming houses, etc. ($54.50 ~ ~ Plus each phone 37.50 minimum): Base (1-5 sleeping rooms) 16.50 AUTO SERVICE/REPAIR I i Each additional sleeping room 3.30 Auto rental 132.00 Personal Services: Auto repair shop: Laundry, cleaning, garment ser- 2 persons 37.50 ~ vice 132.00 3---4 persons................... 59.50 Sapp. No. 27 1058 I I LICENSES AND MISCELLANEOUS BUSINESS REGULATION § 17-33 5-6 persons 110.00 Nursing and personal care facility.. 186.50 7-10 persons 176.00 Hospital.......................... 186.50 11-20 persons 220.00 Medical and dental laboratory 186.50 More than 21 persons 363.00 Home health care 132.00 Car wash 132.00 Miscellaneous health services NEC. 132.00 MISCELLANEOUS REPAIR SERVICES LEGAL SERVICES Misc. repair services store 132.00 Attorneys each 132.00 Misc. repair services from a truck 66.00 EDUCATIONAL SERVICES Misc. repair services with retail store 66.00 Elementary and secondary school 132.00 MOTION PICTURES Vocational school 132.00 Motion picture production/distribu- Schools and educational services NEC 132.00 for 132.00 Motion picture theatre/drive-in..... 275.00 SOCIAL SERVICES Plus per seat/per space.......... 0.49 Individual and family services 132.00 AMUSEMENT AND RECREATION SERVICE Job training service 132.00 Child care facility (Fla. Statute) . 154.00 i Dance studios 132.00 Family day care (Fla. Statute) 59.50 Theatrical producers 132.00 Bowling center (1-5 alleys) 132.00 Community residential home (Fla. Statute) 154.00 Each additional alley 37.50 Social services NEC 132.00 Commercial sports 186.50 Membership organizations......... 132.00 Physical fitness facilities 132.00 ENGINEERING, ACCOUNTING, RESEARCH Coin operated amusement device op- MANAGEMENT erator 280.00 Plus each machine 32.50 Engineering, architectural and sur- veying -each practitioner . 132.00 Amusement and recreation services Residential designer 132.00 NEC 132.00 Fortune teller -fee charged 1,267.00 ACCOUNTING, AUDITING AND BOOKKEEP- No fee charged - contribu- ING SERVICES tion 2,205.00 Accounting/bookkeeping service 132.00 Phrenologist -fee charged 1,487.50 Certified public accountant each 132.00 No fee charged - contribu- RESEARCH, DEVELOPMENT AND TESTING . tion 2,205.00 SERVICES HEALTH SERVICES Research, development and testing Licensed practitioner each:........ 132.00 services 132.00 Supp. No. 27 1059 I § 17-33 NORTH PALM. BEACH CODE. MANAGEMENTAND PUBLIC RELATIONS SER- been preempted by the state or county and to ~- I; VICES protect the general welfare, safety and public Management services 132.00 health and morals of the residents of the village. Unless otherwise stated, the amount of such Management consulting services 132.00 regulatory fee specified shall be on the basis of one (1) year. Public relations services 132.00 (Ord. No. 7-81, § 1, 7-23-81) Facility support management ser- vices 132.00 Sec. 17-34.1. Registration required. Business consulting services NEC 132.00 Any person who engages in any business, occu- (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 7-90, § 1, pation or profession within the village not re- 4-12-90; Ord. No. 18-90, § 1, 6-28-90; Ord. No. quired to obtain a certificate of regulation as 15-94, § 3, 7-11-94; Ord. No. 37-96, § 1, 9-26-96; herein provided such as general contractors and Ord. No. 27-2000, § 1, 9-28-00; Ord. No. 29-2003, subcontractors, shall be certified with the licens- § 1, 10-23-03) ing officer of the village by executing an informa- tion form provided by the village. The purpose of Sec.. 17-33.1. Marking of commercial vehi- such certification is to provide the village with cles. information concerning those who are doing busi- ness within the village and, where appropriate, to (a) It shall be the duty of every person doing assure the village that such persons are licensed business within the village, to have each and countywide by the county. The fee for this certifi- every truck or other vehicle used on a job within cation shall be two dollars ($2.00). Anyone violat- the village painted with or otherwise display the ing this provision by failing. to register the re- name of the person owning same, together with quired information with the licensing officer shall ° ' the business address, and the telephone number be deemed guilty of a misdemeanor of the second of the place of business. degree. (b) Each such vehicle shall be lettered either (Ord. No. 7-81, § 1, 7-23-81) on the door or on the body in such a manner as to be legible. Sec. 17-34.2. Application for certificate of (Ord. No. 7-81, § 1, 7-23-81) regulation. Before the village shall be required to issue a certificate of regulation for engaging in or carry- ARTICLE III. BUSINESSES LOCATED ing on any of the businesses, professions or occu- OUTSIDE VILLAGE LIMITS pations specified and set forth herein, it shall be the duty of the applicant to file an application Sec. 17-34. Certificate of business regula- with the licensing officer, such application to be in tion required; basis of one year. the form required by the village and such appli- Pursuant to section 166.221, Florida Statutes, cant shall be required to furnish to the licensing a regulatory fee is hereby imposed by the village officer such other information not contained in ~ in the respective amounts set forth in section the application as the village manager may re- ~ 17-33 of the Code, for the regulation of any quire. business, profession and occupation carried on (Ord. No. 7-81, § 1, 7-23-81) within the municipal boundaries of the village Sec. 17-34.3. Issuance of certificate of regu- when such business, profession and occupation lation; duration; half-year cer- does not have a place of business within. the tificate; when due and payable. village. This regulation is instituted and is re- lated to consumer protection afforded the citizens All certificates of regulation shall expire on the of the village and such classes of business, profes- thirtieth day of September of each year. No cer- sion and occupation whose regulation has not :a ~ , i Supp. No. 27 1060 I i OFFENSES AND MISCELLANEOUS PROVISIONS § 19-114 public health, safety and ultimate convenience, Sion and muffling devices to eliminate annoyance may apply to the village manager or his represen- and disturbance to persons within the range of tative for a special permit. Such permits, if granted, hearing as set forth in this article. shall be limited to a certain period, but may be renewed for additional periods if the emergency (b) The director of public services shall require or need therefor continues. In the issuance of such compliance with all reasonable sound abatement permits the village manager or his designated measures and sound screening which may be representative shall weigh all facts and circum- necessary to prevent all existing and new fixed stances and shall determine whether the reasons mechanical equipment, including, but not limited, given for the urgent necessity are valid and rea- to air conditioning equipment, from creating ex- sonable, whether the public health, safety and cessive, unnecessary or offensive noise. All new ultimate convenience will be protected or better air conditioning equipment hereafter installed in served by granting the permit requested, and the village shall carry the manufacturer's certifi- whether the manner and amount of loss or incon- cation of-the sound rating, as determined by the venience to the party in interest imposes a signif- applicable standards of the Air Conditioning and icant hardship. Upon an affirmative finding of the Refrigeration Institute or the American Society of foregoing considerations, the village manager or Heating, Refrigeration and Air-Conditioning En- his designee is authorized to issue the permit gineers. If the sound rating value of an air condi- requested and any extensions thereof, as may be tinning unit is such that the sound level created required. Any person aggrieved by the decision of by its operation is in conflict with the provisions the village manager or his designated represen- of section 19-118, adequate noise suppression and tative may appeal the decision of the village muffling devices shall be provided to reduce noise manager to the village council. level to within the allowable limits. All pertinent j information and data as to the sound ratings of (b) It shall be unlawful for any person to cause such equipment shall be furnished to the depart- . or permit the_use of any power-driven machinery, went of public services at the time the application tools or equipment in any portion of the village for the building permit is made. zoned -and designated as a residential district or (Code 1970, § 22-14; Ord. No. 5-75, § 1, 6-12-75) section other than between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and between the hours Sec. 19-113. Noise measurement procedure. of 12:00 noon and 6:00 p.m. on Sundays. Power mowers .shall be used only between the hours of For the purpose of determining and classifying 8:00 a.m. and 8:00 p.m. weekdays, and on Sun- any noise as unnecessary, excessive or offensive or days only between the hours of 12:00 noon and as an unusually loud noise, which is hereby 8:00 p.m. declared to be unlawful and prohibited by this (Code 1970, § 22-13; Ord. No. 5-75, § 1, 6-12-75; article, the requirements of section 19-118 maybe Ord. No. 17-76, § 2, 9-23-76) applied; provided however, a violation of this Cross reference-Buildings and building regulations, article may occur without the occasion of the Ch. s. measurements being made as hereinafter pro- vided if circumstances are such that a violation Sec. 19-112. Fixed mechanical equipment. would be obvious to a reasonable, prudent person. (Code 1970, § 22-15; Ord. No. 5-75, § 1, 6-12-75; (a) It shall be unlawful to create any excessive Ord. No. 34-2000, § 2, 11-9-00) or unnecessary loud noise in excess of the limits of section 19-118 by the use or operation of any fixed Sec. 19-114. Periods of observation. mechanical equipment including, but not limited to, air conditioners, compressor units, power fans All periods of observation made hereunder shall or blowers or the electric motor or any engine be determined with regard to the character of the . used to drive such device, and such noise shall be noise being measured, and the particular instru- muffled and deadened by adequate noise suppres- ment used to make the measurement, and shall Supp. No. 21 1233 § 19-114 NORTH PALM BEACH. CODE '""'r,~ be made in accordance with the standards con- (2) If the noise is found to be in violation of tained in ANSI 51.13-1971, as amended, of the this article, a police officer or designated American National Standards Institute. person in the department of public ser- (Code 1970, § 22-16; Ord. No. 5-75, § 1, 6-12-75) vices may give a warning to the person or persons responsible for the unnecessary, Sec. 19-115. Voluntary compliance. excessive or offensive noise. The village will permit, whenever possible, (3) If enforcement action is deemed neces- those persons creating excessive and unusually sary by the department of public safety, loud noise to conform to the standards as pro- the person in possession or control of the vided in this article through voluntary compli- cause of the unnecessary, excessive or ance within a reasonable time. offensive noise may be arrested by the (Code 1970, § 22-17; Ord. No. 5-75, § 1, 6-12-75) department of public safety and charged with violating this article. In the case of Sec. 19-116. Enforcement-Authority. enforcement action by the department of (a) The provisions of this article except those .public services, a notice of violation shall requiring the use of a decibel meter shall be be issued requiring the responsible party enforced by the department of public safety. to appear before the code enforcement .board. (b) The provisions. of this chapter involving (Code 1970, § 22-19; Ord. No. 5-75, § 1, 6-12-75; stationary mechanical noise source. control and Ord. No. 34-2000, § 4, 11-9-00) complaints and any authority and responsibility Cross reference-Administration generally, Ch. 2. specifically designated to the director of public . services shall be investigated and enforced by the Sec. 19-115. Noise control measurement department of public services. Specifically, where standards for fixed mechanical the use of a decibel meter is needed to determine equipment. sound levels, the department of public services shall investigate and enforce :the article. The The noise from any fixed mechanical equip- department of public safety shall assist the de- went within the meaning of the applicable zoning partment of public services when requested to do district classifications of the village shall be deemed so. to be excessive, unnecessary and unusually loud if (Code 1970, § 22-18; Ord. No. 5-75, § 1, 6-12-75; the total noise level as measured on the A-scale Ord. No. 34-2000, § 3, 11-9-00) due to both. ambient noise level and the alleged source of the unnecessary, offensive or excessive Sec. 19-117. Sarne-Procedure. noise exceeds the noise levels which are herein prescribed, the measurement of which is based (a) Operating motor vehicle noise enforcement. upon decibels, i.e. 0.0002 microbar, and day con- The procedure for enforcing operating motor ve- ditions referring to the time between 7:00 a.m. hicle noise. standards shall be established in F.S. and 10:00 p.m. and night conditions referring to 316.272 and 316.293, and applicable rules and the time between 10:00 p.m. and 7:00 a.m. All regulations of the state department of environ- such measurements as well as the method em- mental regulation with the cooperation of the ployed shall be consistent with the regulations of state department of highway safety and motor the American National Standards Institute or its i vehicles. successor bodies and shall represent the A- (b) All other noises. In all other cases, the weighted sound pressure level which is exceeded procedure for enforcing provisions of this chapter fifty (50) percent of the time (L50) during the shall be as follows: observation period as described in the definition I (1) Apolice officer or designated person in the of "ambient noise" in section 19-99 of this article. ~ department of public services shall inves- (1) At no point on the boundary of or within a tigate and determine if a violation has or residential area zoned R-1, R-2 or R-3, is occurring. according to the zoning code of the village Supp. No. 21 1234 I OFFENSES AND MISCELLANEOUS PROVISIONS § 19-210 I, tense. For any alarm system existing prior to the (8) The name, address and telephone number effective date of the ordinance from which this of the person or entity providing mainte- article derived, an alarm permit application shall nance and repair service to the alarm; be made within sixty (60) days from notification by the village to the alarm user. Alarm system (9) An agreement by the alarm user, binding permits shall first issue for the period from Au- upon the alarm user's heirs and succes- gust 1, 1993, to January 1, 1995, and on an sors in interest, to promptly pay or law- annual basis thereafter. fully contest any penalties assessed against (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, the alarm. user for an excessive number of 4-22-93; Ord. No. 14-93, § 1, 6-10-93) false alarms as described in this article. Sec. 19-209. Application for alarm system (b) An amended application shall be filed within ten (10) days after any change in the information permit. provided in the application. Upon such .amend- (a) Applications for alarm system permits shall went, a new alarm permit shall be issued without be made to the director of public safety on forms charge or fee. provided by the public safety department. The application shall be signed by the alarm user and (c) Failure to comply with any items in section shall provide the following information: 19-209(a), and (b), shall result in a service fee of twenty-five dollars ($25.00) per incident. This fee (1) Name, address and telephone number of shall be assessed at time of discovery unless, it is the alarm user; being disclosed at time of permit renewal. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, (2) Address and telephone number of the 4-22-93) alarm user's premises or building to be ~ served by the alarm; Sec. 19-210. Term of permit; fee; nontrans- (3) The name, address and telephone number ferable. of the person or persons in charge of the premises or building served by the alarm; (a) An individual alarm system permit shall be issued to single family residences. (4) If not the alarm user, the name, address and telephone number of the property (b) An individual alarm system permit shall be owner; issued to any occupant of a multi-unit dwelling or (5) The names, address and telephone num- commercial building wishing to install aperson- bers of two (2) persons that shall respond alized alarm system within the building already to assist public safety personnel at the Permitted for is controlled by a single person or site of the alarm in case of problems. entity residing or leasing within the building, These persons must be available for twenty- that may already possess an alarm system permit four (24) hour per day contact and re- as described in section 19-210(c). spond within one (1) hour if requested. These persons are required to possess the (c) In multi-unit structures, whether residen- authority to access and inspect the pre- tial or commercial, an individual alarm system raises in order to evaluate any problems Permit shall be issued for an alarm system that is used as a common alarm system throughout the and make an official report if necessary. premises. (6) The name, address and telephone number of the person or entity installing the alarm; (d) The alarm system permit shall be issued the alarm user by the director of public safety (7) The name, address and telephone number prior to the alarm system being placed into ser- of the person or entity monitoring the vice. The fee for this permit is twenty-five dollars alarm; ($25.00) and shall be renewed each calendar year. Supp. No. 29 1239 § 19-210 NORTH PALM BEACH CODE _ (e) The public safety department shall issue a Sec. 19-212. Excessive false alarms declared decal specifying the permit number with each a public nuisance. permit issued. The alarm user shall post the The emission of false alarms within the calen- initial decal prominently on or near the front entrance to the premises such that the permit dar year as cited in section 19-213(1) and. (2) is number provided on the decal is visible from excessive and constitutes a serious public nui- sance and. is hereb declared to be unlawful and outside the structure. Y a v~.olation of this section.. No person shall allow, (f) Any alarm system permit issued pursuant Permit, cause, or fail to prevent, the emission, for to this article shall not be transferable or assign- anY reason, by any alarm used by him, or any able and shall cover only one (1) building or alarm serving premises or a building occupied premises. and controlled by such person, of more false (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, alarms as cited in section 19-213(1) and (2) within 4-22-93; Ord. No. 36-2000, § 1, 11-14-00) the calendar year. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) Sec. 19-211. Issuance of alarm system per- mit. Sec. 19-213. False alarm service charge; col- An alarm. system permit shall be issued to the lection. alarm user by the director of public safety within An alarm. user shall pay the following fees to thirty (30) days after receipt of the completed the village for responses to excessive false alarms application by the director of public safety. An by the public safety department within the Galen- alarm system permit shall be denied if: dar year. (1) The requested information is not supplied Residential properties: 9 on the application. (1) In a single alarm user prem~.se, there (2) Material information on the application is shall be no charge for a response to the incorrect. first three (3) alarms within the calendar year. (3) Any person or entity listed on the appli- (2) In a multi-unit structure where an alarm cation under subsections 19-209(a)(6) system permit has been issued fora com- through (8), does not possess any required mon alarm system, the no charge sched- occupational or regulatory license to con- ule of service fees reference false alarms duct activities required by subsections within the calendar year scale will be as 19-209(a)(6) through (8), unless the per- follows: son or entity is the alarm user. The department of public safety shall give notice 2-20 units -Three (3) no charge of the permit expiration date and need for re- newal, with a due date specified in said notice. false alarms Application for renewal will require atwenty-five- 21-40 units -Four (4) no charge dollar permit renewal fee and updated informa- false alarms tion required in subsections 19-209(a)(1) through 41-60 units -Six (6) no charge false (9). Failure to return the renewal application and alarms 61-80 units -Eight (8) no charge renewal fee by the due date specified in the notice false alarms shall result in atwenty-five-dollar late fee being g1-100 units -Ten (10) no charge assessed. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, false alarms 4-22-93; Ord. No. 13-2001, § 1, 5-10-01; Ord. No. 101-120 units -Twelve (12) no charge 17-2004, § 1, 7-22-04) false alarms Supp. No. 29 1240 i ~ . i OFFENSES AND MISCELLANEOUS PROVISIONS § 19-217 trunk line of the public safety department or any other department or bureau of the village, and 121 or more units -Fifteen (15) no charge then reproduces any prerecorded message to re- false alarms port any burglary, unauthorized entry or other Commercial; industrial properties: emergency. Any such alarm system shall be dis- connected and its use discontinued within sixty There shall be no charge for a response to the (60) days of enactment of this article [Ordinance first three (3) alarms within the calendar year for 11-93]. a commercial or industrial property. For residential properties, there shall be a (b) No person shall provide alarm service sys- service fee charge of fifty dollars ($50.00) for tem programmed to a central alarm reception response to any false alarm in excess of the office unless it shall have the central office staffed allotted no charge false alarms within the Galen- at all times, twenty-four (24) hours a day, includ- dar year. For a commercial or industrial property, ing holidays. there shall be a service fee charge of one hundred dollars ($100.00) for response to any false alarm (c) Any staff member of a private alarm service in excess of the allotted no charge false alarms system reporting an alarm activation to which the within the calendar year. public safety department response is requested shall identify himself and state the name and The director of public safety shall keep a record telephone number of the alarm business by which of whenever a false alarm has been responded to such response is requested. by the public safety department, and shall note (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, the frequency of such false alarms for each alarm 4-22-93) user. The public safety department shall notify each alarm user. The public safety department shall notify each alarm user of the service fee Sec. 19-216. Audible alarms. charges to be paid within thirty (30) days after All alarms which may be heard in any public demand. If the alarm user fails to comply with place shall be equipped and maintained to auto- this notice, the public safety department will matically cut off no longer than thirty (30) min- notify the village clerk to send notice for the utes after being set off. alarm user to appear before the code enforcement (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, board. 4-22-93) (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93; Ord. No, 26-2003, § 1, 9-25-03) Sec. 19-217. Enforcement through code en- Sec. 19-214. Penalty. forcemeat board. Any person who shall violate the provisions of The director of public safety may initiate action this article shall, upon conviction thereof, be before the code enforcement board of the village to punished as provided in section 1-8 of this Code. obtain compliance with this article. Any notices of (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, appearance before the code enforcement board 4-22-93) shall be sent to both the alarm user and property Sec. 19-215. Interference with public safety owner, if different, on the authority of the code department telephone trunk enforcement board through the village clerk's lines prohibited; alarm busi- office. The board .shall have authority to place a ness central office required; lien against the property served by the criminal identification required. detection or fire alarm systems in the amount of all service charges assessed by the village pursu- (a) No person shall use or cause to be used a ant to section 19-213 above. If the alarm user and telephone or electronic device or attachment that property owner are different, the code enforce- . automatically selects a public primary telephone went board shall have authority to proceed against Supp. No. 29 1241 § 19-217 NORTH PALM BEACH CODE ~- the alarm user who receives written notice even present proof to the village in the form of a though the director of public safety has been returned receipt of such notification to the county unable to serve notice upon the property owner. department of environmental resources manage- The village may proceed by a suit in a court of went. (Ord. No. 22-90, § 1, 6-28-90) proper jurisdiction to collect such service fee charge Cross reference-Licenses and miscellaneous business after demand therefore has been made by the regulations, Ch. 17. village and the alarm user has failed to pay same within thirty (30) days after such demand. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) Sec. 19-218. Exemptions. This article shall not apply to any alarms attached to motor vehicles or attached to any publicly owned property. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) Sec. 19-219. Alarm user standards. All alarm systems installed within the village shall meet or exceed the standards of, and be listed, by, Underwriters Laboratory, Inc., and the - . Standards of the National Fire Protection Associ- ~ ation. t (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) ARTICLE XI. WELLFIELD PROTECTION Sec. 19-220. County wellfield protection or- dinance adopted by reference. The village adopts, by reference, the county wellfield protection ordinance (Ordinance No. 88- 71). (Ord. No. 22-90, § 1, 6-28-90) Sec. 19-221. Regulation of business activi- ties with potential to contami- nate land and water resources. A business must notify the county department of environmental resources management of its intent to use, store and/or dispose of those haz- ardous or toxic substances cited in the county wellfield protection ordinance. This requirement shall be implemented and monitored through the annual renewal of village occupational licenses. At the time of annual renewal, the applicant shall ~ Supp. No. 29 1242 LThe next page is 1289] I I I I PLANNING AND DEVELOPMENT § 21-44 to assume such reasonable costs in connection (b) Establishment of management/monitoring with appeals as may be determined by the gov- and regulatory program. This objective is accom- erning body through action insetting of fees to be plished by: charged for appeals. (1) Establishing a management and monitor- (h) Judicial review of decisions of board. Any ing system to evaluate and coordinate the person or persons, jointly or severally, aggrieved timing and provision of the necessary by any decision of the board of adjustment, or any public facilities to service development, officer, department, board, commission or bureau and of the governing body, may apply to the circuit court in the judicial circuit where the board of (2) Establishing a regulatory program that adjustment is located for judicial relief within ensures that each public facility is avail- thirty (30) days after rendition of the decision by able to serve development concurrent with the board of adjustment. Such an appeal shall not the impacts of development on the public be a hearing de novo, but shall be limited to facilities, or that development orders are appellate review of the record created before the conditioned on the availability of public board of adjustment. facilities to serve the development concur- (Ord, No. 6-77, § 3, 4-28-77; Ord. No. 4-86, § 4, rent with the impacts of development on 4-24-86; Ord. No. 19-2004, § 1, 7-22-04) the public facilities. Secs. 21-22-21-40. Reserved. (c) Minimum requirements. The provisions of this article in their interpretation and application are declared to be the minimum requirements ARTICLE 1V. CONCUR,RENCY necessary to accomplish the stated intent, pur- ~ MANAGEMENT* poses, and objectives of this article. (Ord. No. 16-90, § 2, 6-28-90) Cross reference-Adoption of comprehensive plan, § 21- Sec. 21-41. Short title. 01. This article shall be known and may be cited as "The Village of North Palm Beach Adequate Pub- Sec. 21-44. Definitions. lic Facilities (Concurrency) Ordinance." (Ord. No. 16-90, § 1A, 6-28-90) [The following words, terms and phrases, when used in this article, shall have the meanings Sec. 21-42. Application. ascribed to them in this section, except where the context clearly indicates a different meaning:] This article shall apply to all developments in the total incorporated area of the village. Adequate public facilities determination means (Ord. No. 16-90, § 1B, 6-28-90) a determination approved by the director of public services, pursuant to the terms of this article, Sec. 21-43. Intent and purpose. that serves as a conditional statement that, based upon existing public facility capacity and planned (a) Implementation of comprehensive plan. This public facility capacity, adequate public facilities article is intended to implement and be consistent are thought to be available to serve development with the village comprehensive plan, F.S. chapter at the time of the approval of the adequate public 163, and rule 9J-5, F.A.C., by ensuring that all facilities determination. A subsequent application development in the village is served by adequate for a development permit for development that public facilities. has been approved based upon adequate public facilities determination shall be required to re- *Editor's note-Ordinance No. 16-90, adopted June 28, 1990, did not specifically amend this Code; hence, inclusion of ceive a new adequate public facilities determina- 1-6 as Art. IV, 21-41-21-46, was at the discretion of the tion, or certificate of concurrency reservation, editor. whichever is appropriate. Supp. No. 29 1349 § 21-44 NORTH. PALM BEACH CODE Application for development permit means an concurrency reservation was approved has not application submitted to North Palm Beach re~ expired, and the development is not altered to questing the approval of a development permit. increase the impact of development on public Capital improvement element means the capi- facilities. tal improvement element of the North Palm Beach Comprehensive plan means a plan that meets comprehensive plan adopted November 9, 1989 the requirements of F.S. sections 163.3177 and pursuant to F.S. chapter 163. 163.3178, and shall mean the Village of North ~ Capital recreation and open space facilities Palm Beach Comprehensive Plan, as amended, I; means the planning of, engineering for, acquisi- where referenced in this article. tion of land for, or construction of buildings and i park equipment necessary to LOS for capital Conditional certificate of concurrency reserva- recreation and open space facilities. tion means an application for a certificate of concurrency reservation considered in conjunc- Capital road facilities means the planning of, tion with a development agreement that is condi- engineeringfor, acquisition of land for, or construc- tionally approved by the building official pursu- tion of roads on the major road network system ant to the terms of this article as a conditional necessary to meet the LOS for capital road facil- certificate of concurrency reservation. A condi- ities. tional certificate of concurrency reservation shall Capital potable water facilities means the plan- be approved, if it is demonstrated that: Wing of, engineering for, acquisition of land for, or (1) Existing available public facility capacity construction of potable water facilities necessary up to an amount sufficient to serve the to meet the LOS for capital potable water facili- proposed development has been reserved; ties. Ca ital sanita sewer acilities means the (2) There is reasonable likelihood that the , p f balance of the public facility capacity - planning of, engineering for, acquisition of land needed for the proposed development can for, or construction of sanitary sewer facilities be provided pursuant to a development necessary to meet the LOS for capital sanitary agreement; and sewer facilities. Capital solid waste facilities means the plan- (3) A request has been made for consider- ning of, engineering for, acquisition of land for, or ation and approval of a development agree- construction of solid waste facilities necessary to went concurrent with the application for meet the LOS for capital solid waste facilities. development permit to accommodate the balance of public facility capacity needs Capital storm drainage facilities means the for the proposed development. planning of, engineering for, acquisition of land for, or construction of storm drainage facilities Developer means any person, including a gov- necessary to meet the LOS for capital storm ernm.ent agency, undertaking any development as drainage facilities. defined in this article. Certificate of concurrency reservation means a Development has the meaning given it in F.S. certificate approved by the director of public ser- chapter 380. vices pursuant. to the terms of this article. that constitutes. proof of adequate public facilities to Development agreement means an agreement serve the proposed development. A subsequent entered into between a local government and a application for a development permit for develop- person associated with the development of land, went for which a certificate of concurrency reser- including, but not limited to, development agree- vation has been. approved, shall be determined to wens pursuant to F.S. chapter 163, or an agree- have. adequate public facilities as long as the ment on a development order issued puxsuant to development order for which the certificate of F.S. chapter 380. ~ I -" Supp. No. 29 1350 I PLANNING AND DEVELOPMENT § 21-44 Development order means any decision by the village council or appropriate village staff grant- ing, denying or granting with conditions a devel- opment permit in response to an application. Development permit includes any rezoning, spe- cial permit, site plan, subdivision plat, building permit, or any other official action of the village regarding the development of land. Level of service (LOS) means an indicator of the extent or degree of service provided by, or pro- posed to be provided by a public facility based on and related to the operational characteristics of the public facility. Supp. No. 29 1350.1 t(rt~((v, .•,.,~it C,F` -`*~ 1. I 1 i PLANNING AND DEVELOPMENT § 21-45 LOS for capital potable water. facilities means a based upon Level-of-Service D traffic volumes in minimum of ninety-nine (99) gallons/capita/day Tables 4-1 and 4-2 of the Village Comprehensive for average daily water consumption for residen- Plan. tial; one thousand eight hundred seventy-four (1,874) gallons/acre/day for average daily water LOS for capital sanitary sewer facilities means consumption for nonresidential (which includes a minimum of sixty-six (66) gallons/capita/day for commercial, public buildings, educational and other residential and one thousand sixty (1,060) gallons/ public buildings); one hundred forty-seven (147) acre/day for nonresidential (which includes com- gallons/capita/day residential and two thousand mercial, public buildings, educational and other seven hundred eighty-two (2,782) gallons/acre! public buildings) for average day sewage genera- day nonresidential maximum per-day consump- tion rate; and one hundred four (104) gallons/ tion; and a storage capacity of the average daily capita/day for residential and one thousand seven flow x 0.5. hundred twenty-one (1,721) gallons/acre/day for maximum day sewage generation rate. LOS for capital recreation and open space fa- cilities means level of service standards as fol- LOS for capital solid waste facilities means an lows: average generation rate of 0.926 tons/capita/year for single-family residential, 0.588 tons/capita/ Unit Population year for multiple-family residential, and sig (6.0) tons/acre/year for nonresidential. Neighborhood parks 2 ac/1,000 Community parks 1 ac/1,000 LOS (interim) for capital storm drainage facil- Beaches 1 mile/31,250 ities means standards to accommodate the follow- Marinas 1 slip/2,500 ing storm flow criteria: three-year frequency, twen- Boating 1 ramp/6,250 ty-four-hour duration (one-day); rainfall intensity ' Golf courses 9 holes/30,000 curve, as established by the South Florida Water Swimming 1 pooU31,250 Management District. Tennis 1 courtJ6,250 Basketball 1 courtJ6,250 Public facilities mean capital potable water Shuffleboard 1 court/6,250 facilities, capital recreation and open space facil- BasebalUsoftball 1 field/7,200 ities, capital road facilities, capital sanitary sewer FootbalUsoccer 1 field/4,800 facilities, capital solid waste facilities and capital HandbalUracquetball 1 court/6,000 storm drainage facilities. Playground areas 1 area/3,600 (Ord. No. 16-90, § 3, 6-28-90; Ord. No. 35-97, § 1, Volleyball 1 court/7,200 8-14-97) LOS for capital road facilities means the aver- gec. 21-45. Adequate public facilities to be age annual daily/peak hour LOS standards, con- available to service development. sistent with the Florida Department of Transpor- tation minimum acceptable operating levels of In order to implement the provisions of the service standards, shall be as follows: North Palm Beach Comprehensive Plan to ensure (1) County Road A-1-A-D/D; that adequate potable water, sanitary sewer, road, (2) Prosperity Farms Road - D/D; solid waste, drainage, recreation and open space public facilities are available to accommodate (3) Highway No. 1 and Northlake Boulevard development in North Palm Beach concurrent - D/D; and with the impacts of development on such public (4) Lighthouse Drive - D/D facilities, the village council establishes, pursuant to the terms of this article: The evaluation of current and proposed levels of (1) A management and monitoring program service on functionally grouped roadways shall be that evaluates the conditions of public Supp. No. 14 1351 § 21-45 NORTH PALM BEACH CODE facilities to ensure they are being ade- (b) Annual public. facilities update report (A'LTR). I h quately planned for and' funded to main- By March 1 of each year; begmnmg m 1991; t e tain the LOS for each public facility, and village manager shall complete and submit to the . (2) A regulatory program that ensures that village. council an annual-public facilities .update each public facility is available to serve report (hereinafter "AUR") for the period ending September 30: The AUR shall determine the development concurrent with the impacts: existing conditions of all potable water, recreation of development on such public facilities, and open space, road, sanitary sewer, solid waste or that development .orders. are condi- and storm drainage public facilities, determine tinned on the availability of public facili- and summarize the available capacity of these ties to serve the development concurrent public facilities based on their LOS, and forecast with the impacts of development. the capacity of existing and planned capital im- (Ord. No. 16-90, § 4, 6-28-90) provements identified in the five=year capital im- provement schedule for each of the five (5) suc- Sec. 21-46. Management. and monitoring pro- ceeding years. The forecasts shall be based on the gram; annual public facilities up- most recently updated. schedule of capital.improve- date report,.~CIE amendments; an- ments for each public facility. The AUR shall also nual budget.. revise population projections, update public facil- ity inventories, .update unit costs, and update (a) Generally. In order to ensure that adequate revenue forecasts. The findings- of the AUR shall potable water, recreation and open space, road, form the basis for any proposed amendments to sanitary sewer, solid waste,. and storm drainage the CIE; any proposed amendments to the village s public facilities are available concurrent with the annual budget for public facilities, and the review impacts of development. on -the public. facilities, of and issuance of development orders during-the ' - ~ the village shall establish the following manage- next-fiscal year. meat and monitoring practices. The purpose is' to (c) Recommendations on amendments to CIE evaluate and coordinate the timing, provision and and annual budget. Based upon analysis .of the funding of potable water,. recreation and. open AUR, the village manager shall propose to the space, road, sanitary sewer,. solid waste and storm village- council each year, any necessary amend- drainage public facilities so that: ments to the CIE, and any proposed amendments (1) They are being adequately planned for to the village's annual budget for public facilities. -and funded to maintain the LOS for the (Ord.. No. 16-90, § 5, 6-28-90) public facilities and Sec. 21-47: JEiegtilatory program; review of (2) To evaluate the capacity of the public development to ensure adequate facilities for use _in the .regulatory pro- public facilities are available. gram to ensure that: a. There are no development orders (a) Generally. In order to ensure that adequate issued unless there are adequate pub- Potable water, sanitary sewer, road, solid waste, lic facilities available to serve the drainage, .and recreation and open space public development concurrent with the im- facilities are available concurrent with the im- ` pacts of development on the public Pacts of development on each public facility, the facilities, or village shall establish the following development review.procedures so that no development order b. No development orders are issued is issued unless there are adequate public facili- unless they are conditioned on the ties available to serve the proposed development, availability of public facilities to serve or that the development order is conditioned on the development concurrent with the the availability of public facilities to serve the impacts of development on the pub- development concurrent with the impacts of de- lic facilities. velopment on the public facilities. I j Supp. No. 14 1352 PLANNING AND DEVELOPMENT § 21-47 (b) Exemptions. The following development shall be exempt from the requirements of this article: (1) Construction of public facilities (potable water, sanitary sewer, solid waste, roads, recreation and open space) that are con- sistent with the village comprehensive plan; Supp. No. 14 1352.1 i I i i ~ n ~- PLANNING AND DEVELOPMENT § 21-47 i (2) An alteration or expansion of an existing opment, but shall not be assignable or dwelling unit that does not create addi- transferable to other developments. tional .impact on,public facilities; c. Expiration prior to receipt of develop- ment order. An adequate public facili- (3) The construction of accessory buildings and ties determination shall expire after structures that does not create additional three (3) months if an application for a dwelling units: and does not create addi- development permit is not submitted tional impact on public facilities; and ~'or the proposed development for which (4} The replacement of an existing dwelling the adequate public facilities determi- unit when no additional dwelling units are nation has been approved. A certifi- created. cafe- of eoncurreney .reservation shall expire. after. one (1) year.. if a develop- (c) Review to determan°apu&Ztc facility; adequacy: ment order is not: issued; for•. the: devel- - opment: for: which, the: certificate was (1) Generally. After the. effective date of` the: approved;. A: conditonal• certificate of ordinance from which this article. derives;, concurrency reservation shall expire no application for a development permit after one (1) year if .the development shall be accepted without receipt of either agreement and the application for de- an-adequate public facilities determination, velopment permit for which the condi- a certificate of concurrency reservation, or tional certificate of concurrency reser- a conditional certificate of concurrency res- vation has been approved is not ervation. The applicant may elect whether reviewed:.and approved. to gain approval of an adequate public fa- d. Expiration and effect.. cilities determination, a certificate of con- currency reservation, or a conditional cer- 1. Adequate public facilities determi- tificate of concurrency reservation pursuant nation. An adequate public facili- to the terms of this article, except that no ties determination is initially valid application for a development permit for for three (3).months during which subdivision, "plat or replat, or building time an application for develop- permit, shall be accepted without receipt of ment permit mustbe submitted for a certificate of concurrency reservation. the proposed development for which ~ the determination was ap- (2) Rules ofgeneral applicability proved. If a development order is a. Timing. An application for an adequate approved, the adequate public fa- public facilities determination or a cer- cilities determination is valid for tificate of concurrency reservation may the life of that initial development be submitted at any time during the order. Each subsequent application year. Review of the application shall for a development permit (except be initiated by the director of public those developments exempted pur- services pursuant to subsection (c)(4) suant to subsection (b)) for the de- upon receipt of a complete application. velopment shall be required to re- Any application containing false infor- ceive a new adequate public mation may be rejected and any ade- facilities determination, or a cer- quatepublic facilities determination or tificate of concurrency reservation, certificate of concurrency reservation whichever is appropriate. issued based .upon .-false information 2. Certificate of concurrency reserva- may be revoked, tion. A certificate of concurrency b. Assignability and transferability. Acer- reservation is initially valid for one tificate of concurrency reservation shall (1) year during which time a devel- be assignable within a proposed devel- opment order must be issued for 1353 § 21.47 NORTH PAI;M BEACH -CODE ~ ;A'?^ the development for which the cer- the development order :is not al- tificatewas approved. If a develop- `tered to increase the impact of the ment order is approved for-the cer- development on public facilities. tificate during-that first year, the The expiration of the development certificate of coricurrency reserva- order shall` result~in the expiration tiori is~`valid~ tfor-the -life of the de- of the certificate of concurrency res- ' velopment' or-der -for which it is ervatoii. orfginahyapproved The cert~cate e. Effect of concurreicy reservation is then ; • , valid for the life of subsequent de- " 1. Adequate public facilities, determi- velopment orders for the same de- nation. An adequate public facili- velopment, if the subsequent de- ties determination shall serve as a velopment orders -are approved statement that based upon existing prior to the expiration of the ear- public facility capacity and ~ ~ lien development order for the de- ' planned public:facility capacity, ad- ~ velopment, and the development is equate- public'-facilities 'a're avail- riot altered to •increase the impact `alle to seine `the •development at of the`• development on public facil- tle'tme' of the approval of the ad- ities."The expiration of a develop- equate public facilities -determina- °=ment order shall result in the ex- _ ton: A subsequent application for pratioii of the- certificate of a{development permt`for develop- conciirrency reservation. ~ merit that has been approved based 3. Conditional certificate of concur- ~ upon an adequate public-facilities ° ->,~ rency reservation.. An application determination shall be regixired to " for a certificate of concurrency res- receive a new`adequate :public fa- ervation considered in conjunction c~lties determiatiori`orcertifkate with a ~ development agreement , ~ of coricurrency reservation, which- may ,be conditionally approved as `ever is .appropriate _ a conditional certificate of concur- 2. " Certificate "of,concurrency reserves- rency reservation consistent with tion: Receipt of a certificate of con- the .requirements of this article. currency reservation shall consti- - When the conditional certificate of tute .proof..:of adequate public concurrericy"reservation is consid- facilities to serve the proposed de- ered'iri conjunction with the Bevel- velopment. A subsequent applica- • ~ opment agreement and application tion`for~ a development permit for for development permit and finally development for" which a certifi- approved pursuant to the terms of ' sate of concurrency reservation has this subsection, it becomes ester- been approved, shall be determined tificate of concurrency reservation. to have 'adequate public facilities A certificate of concurrency reser- as "lorig"'as`the "development order nation is valid -for the life of the for which the certificate of concur- development order with which it rericyreservation~ as approved has is approved. The certificate of con- not expired, and the development currency reservation is then valid is note altered to increase the im- for` the life of subsequent develop- pact of the development on public merit orders for the same develop- facilities. merit, if the subsequent develop- 3. Conditional certificate of concur- merit orders -are approved prior to rency reservation. Receipt of condi- the expiration. of the earlier Bevel- tional certificate of concurrency - opment order for the project, and ~ "reservation is a statement that an 1354 PLANNING AND DEVELOPMENT § 21.47 1~ application for a certificate of con- tificate of concurrency reservation shall currency reservation considered in only require evaluation and reserva- conjunction with a development tion of the additional. public facility ca- agreement has been conditionally pacity demanded by the proposed de- approved by the director of public velopment. Any amendment to a services because it is demonstrated development .order for which an ade- that (a) existing available public ~ quate public facilities .determination facility capacity up to an amount has been approved shall require a new sufficient to serve the proposed de- adequate facilities determination or a velopment has been reserved; (b) certificate of concurrency reservation, there is reasonable likelihood that whichever is appropriate. the balance of the public facility capacity needed. for the proposed (3) Effect of development agreement in conjunc- development can be provided pur- tion with certificate of concurrency reserva- suant to adevelopment agreement; tion. A developer may enter into adevelop- (c) arequest has been made for the ment agreement with the village for those consideration and approval of a de- public facilities specifying that adevelop- velopment agreement concurrent ment agreement is acceptable, in conjunc- with the .application for develop- tion with the approval of a development ment permit to accommodate the order and a certificate of concurrency res- balance of public .facility capacity ervation or a conditional certificate of con- needs for the proposed develop- currency, to ensure adequate public facili- ment, and (d) final approval of a ties are available. concurrent with the certificate of concurrency reserva- impacts of development on the public fa- tion is conditional on the concur- cility. The effect of the development agree- rent approval of a development ment shall be to bind North Palm Beach agreement and a development and the developer pursuant to the terms order for the proposed develop- and duration of the development agreement to its determination pursuant to subsection meet. When the conditional certif- (c) that adequate public facilities are avail- - icate of concurrency reservation is able to serve.the proposed development con- considered in conjunction with the current with the impacts of the develop- development agreement and appli- ment on the public facilities. Any public cation for development permit and facility capital improvement in the five- all the public facility component year schedule of capital improvements in standards of subsection (c)(6) are ~ the CIE on which such a certificate of con- met, it shall be approved as a cer- .currency reservation is made in conjunc- tifcate of concurrency reservation. tion with the approval of a development f. Amendment o f certi ficate of concurrency order and a, development agreement, shall reservation. An amendment to a certif- not be delayed, deferred, or removed from icate of concurrency reservation shall the five-year schedule of improvements in be required prior to the approval of any the CIE: amendment to a development~order for . which a certificate of concurrency res- (4) Procedure for review of application. ervation has been approved if the a. Submission of application. An applica- amendment increases the need for ad- tion for either an adequate public fa- ditional capacity for any public facility cilities determination or a certificate (potable water, sanitary sewer, roads, of concurrency reservation shall besub- solid waste, drainage, recreation and mitted at any time during the year, to open space). The amendment of a cer- the department of public services in a 1355 § 21-47 .NORTH PALM-BEACH CODE _ form established. by -the director of viders regarding anapplica- ~~~publicsservices and made: available to - tion for an adequate public _ _ the .public: `Review of °the application ~ facilities determination, the = shall be `initiate'd` by 'the director of director, of public services shall public servi"ces:~pursuant to subsection review thestatements and the -(c)(2)a Any application containing false - - , application,~within ten (10) `inform'ation may be`rejected and any -. •days, and determine if it com- adequate -public facilities determina- ~ :plies with •alI the public fa- - ' tiori or certificate of concurrency reser- - -. cility.component standards of - vatioii'issizedbas~d upon false informa- aub~section (c)5. If the applica- ~I Lori ~may'lie "revoked. - - - - tion complies with all of the b. Determination of completeness and re- ~ .public facility component stan- view - - ~ dards~•n subsection (c)(5), the -~. - 1; . Determination-. of,completeness. - :- tlirector.ofpublicservicesshall • After receipt of;an application for - issue an:adequate public facil- - certificate of concurren- reserva- - -"~ _ - ities .determination. - cY:- '- -tion thedirector.ofpubilcservices - ~ (b); ~Certifacate•of concurrency res- . _ shall,determine, withiri;fifteen (15) ervation. Upon receipt of a ,;-:.days :- of initiation :of.~processing, ~ "statement from the village de- - :.w.Netherit.is.completeand•includes - ~ partments and service pro- ~,->data_necessary~to evaluate the ap- ~ ' _ - ~ °viders regarding the applica- - ; plication:~If it is determined that " - tion for a certificate- of - - ' ~=thei-application~is not •complete, ~ concurrency:~"reservation, the r- `- - :written notice shall be: served on director:of public services shall . •review the:statements and'the _ .~.~°the ~apphcarit specifying -deficien- - ~ a hcation. within ten (10) ties; The .director:of public services Pp r.. shall take. rio further. action on the - - days, and; determine if it com- - _ ; .:applcation.unless:°the deficiencies plies.: with .all the public fa- are remedied. - _ - : cilitycomponent standards of 2._ :::Review and.recommendation of vil- - subsection (c)(6). Ifthe director 1. age ;departments and -service pro- ~ determines. -that the applica- - - - :eiders. When the director of public ~ ~tion complies with all of the =-services .determines the .applica- public facility component stan- _ .- - tion is_~ complete;: the application _ . - dards of subsection (c)(6), the - . , ~ . shall-. be forwarded-• to village de- ~ director of public services shall .;:- par.-tments :and service providers recommend, that the planning for review::Withirrfifteen_(15) days, commission review and recom- the village-departments and ser- mend to the village council . vice providers shall provide astate- - that the council issue a certif- . ment as_to.vyhether or not adequate cite' of ~concurrency reserva- public facilities are-available, per- - ~ tion. If the director of public suant to the standards of subset- ~ 'services or the' planning tom- - . ~ tiori• (c)(5)~ or (c){6), whichever is ap- mission or the. village council propriate. _ determines that an application - ~ 3. -Decision to-ssue,or deny. " fails.to meet any one {1) of the ' ' ~ _ public facility component stan- (a) .Adequate public facilities de- ~ Bards .of subsection (c)(6), the - termination: Upon receipt of a applicant shall :be notified of statement=:from the village de- such deficiency,: and may, in - - partments..and service pro- ~ , . the case of a certificate of con- ~- -1356 I I I PLANNING AND DEVELOPMENT § 21-60 capacity has been provided for the 3. The capital sanitary sewer facili- facilities; or ties that will provide. the proposed 3. The capital recreation and open development sufficient services space facilities that will provide based on the LOS for capital sani- the proposed development suffi- tart' sewer facilities are committed cient services on the LOS for cap- to be provided by the applicant pur- ital recreation and open space fa- suant to a development agreement. cilities that shall be provided pursuant to the terms of a devel- e. Solid waste facilities. The solid waste opment agreement. component shall be approved if any of the following conditions are met: c. Road facilities. The road component shall be approved if the proposed de- ~ 1. Capital solid waste facilities are in velopment complies with the LOS for place to provide the proposed de- capital road facilities. In determining velopment sufficient services based whether the road component meets the on the LOS for capital solid waste requirements of this subsection, the facilities; or five-year schedule of improvements in 2. The capital solid waste facilities the CIE may be considered only if the that will provide the proposed de- development proposed in the applica- velopment sufficient services based tion is phased so that the impacts of on the LOS for capital solid waste the proposed development and the ca- facilities are under construction pacity provided by the road projects in and bonded. ~ thefive-year schedule of improvements £ Storm drainage facilities. The drainage will occur concurrently. The phasing of development and transportation im- component shall be approved if the pro- provements to ensure the LOS for cap- posed development has access to a point ital road facilities is met may be ad- of legal positive outfall and provides dressed through a development means for connection of stormwater agreement. flow from the proposed development to d. Sanitary sewer facilities. The sanitary a legal positive outfall pursuant to the sewer component shall be approved if terms of a development agreement. any of the following conditions are met: (Ord. No. 16-90, § 6, 6-28-90} 1. Capital sanitary sewer facilities ATTEST: are in place to provide the proposed /s/ development sufficient services Village Clerk based on the LOS for capital sani- tary sewer facilities, and a reser- vation of capacity has been re- This Document was prepared by Craig A. Smith ceived from the appropriate service & Associates for the Village of North Palm Beach, provider; April 1990. 2. The capital sanitary sewer facili- ties that will provide the proposed NPB603.A2 development sufficient services based on the LOS for capital sani- tart' sewer facilities is under con- Secs. 21.48-21.60. Reserved. struction and bonded, and a reser- vation of capacity has been received from the appropriate ser- vice provider; 1359 § 21-61 NORTH PALM BEACH-CODE ARTIGfL`E V. `STORMWATER Sec. 2.1.65. Roadside ~wules. MAlvAGEMENT* Roadsideswales rvithu~street;rights-of--way shall be ~cnnstru.ctecl in. °aecorlatce -with approved typ- Sec. 21.61. Adoption; design; applicability. ical seetiQns _1'~ar 'the subdivision under consider- ation. 'Swale cross-sections shall be designed to (a) Stormwater.management, general, is hereby carry runoff up to the edge of pavement, or edge of created as set aut in this article. inproved_ property adjacent tQ- .the right-of--way. (b) The stormwater management system. shall Surplus water.. from the swales-shall be diverted into a closed storm •drainage system or other ap- ~II be designed in :accordance with accepted engi- proved means. Placement of permitted trees in a veering principles for design floods resulting from Swale will be such that, as tree growth occurs, the rainfall and. tidal elevations ;experienced in the design. and function of the Swale are not compro- Intracoastal Waterway .for storm frequencies as raised. ~ follows in this.article; (Ord.::No..34-90., § 1.1(d), 9-27-90) Cross reference-Trees in swale areas; § 27-16 et seq. (c) The requirementsofitlii_s article shall be in - ' effect thr~~ghout~llcareasofthevlage.andshall Sec. 2166. Open channels and outfall pertain "to:a11 new ana:exising-areas -that are re- ditches.. developed. (Ord. l1Vo.`;-34-9.0, :1.i1, ;1:2, :9 `1~F,90) Open channels and outfall ditches for the pur- pose of~conveying storm runoff within any subdi- See. fL+182.:1GSi~mum:~txzeetxgrades. vision development will not be allowed. However, open channels connecting to tidewater for the pur- - A .1Vlz~irrium>stneet fgrad'e ,hall .exceed ~ca7.culated pose of nadigational access to existing or proposed flood'lev~ls result~~g'froln :a •ten_year frequency waterways-will be 'permitted provided they are storm tide; plus ranfa'Tl mt~ntlff..• protected by concrete bulkheads and have amin- (Ord: No. 34-90, § ~Y:1(a), 9-27=9~?) imum width of eighty (80) feet and a minimum • . centerline depth of eight aril zero tenths (8.0) feet. . (Ord. No. 34-90, § 1.1(e) 9-27-90) Sec. 21-63. Level of finished floor of strue- Cross reference-Bulkheads and seawalls, § 5-69 et seq. tunes. ~ . Sec. 21-67. Postdevelopinent runoff rates, The finished floor of all structures shall exceed volumes and pollutant loads. the one-hundred-year tidal flooding and rainfall runoff level, but in no case shall be less than eight The developer/owner of any site shall be respon- and five-tenths (8.5) feet above mean sea level. sible for the on-site management of stormwater (Ord. No. 34-90, § 1.1(b), 9-27-90) runoff in a manner such that postdevelopment runoff rates, volumes and pollutant loads do not exceed predevelopment conditions as per chapters Sec. 21-64. Storm drainage facilities gener- 40E-4, 40E-40 and/or 40E-41, Florida Administra- ally tive Code. Storm drainage facilities, including swales, in- (Ord. No. 34-90, § 1.1(g), 9-27=90) lets and. conduits shall be designed on runoff pre- Sec. 21-68. Objectives of stormwater manage- dicted from ,three-yeax intensity rainfall curve meet system design. in general use for this area. (Ord. No. 34.90, § 1.1(c), 9-27-90) ~ The design of the stormwater- management system shall .provide for protection of natural *Editor's note-Ordinance No. 34-90, adopted Sept. 27, 1990, did not specifically amend this Code; hence, inclusion of drainage features and promote the functions of § 1 as Art. V, 21-61-21-70, was at the discretion of the groundwater recharge areas. editor. (Ord. No. 34-90, § 1.1(h); 9-27-90) ~ 1360 I PLANNING AND DEVELOPMENT § 21-70 Sec. 21-69. Stormwater retention systems. vegetation or percolated into the soil. No runo#'f Where stormwater retention systems are re- from such impervious areas shall be discharged quired, any modification to, or construction of ca- directly into any inlet or storm sewer without first nals shall incorporate water and habitat quality being given the opportunity to pass through a nat- enhancement features such as planted littoral ural vegetated area. All potential areas of soil zones or shallow shelves, bank slopes conducive to erosion shall be .protected to minimize siltation shoreline vegetation and immediate vegetative transport by flowing water. stabilization of any bare ground adjacent to the (c) [Construction site runoff:] To protect and pre- system, as appropriate. serve water quality, Best Management Practices (Ord. No. 34-90, § 1.1(i), 9-27-90) (BMPs) for construction site runoff, as contained in Chapter 4.0 of the Palm Beach County, 208 Sec. 21.70. Water quality. Areawide Waste Treatment. Management Plan, shall be employed. (a) Definitions. (d) Industrial activity. (1) Authorized official: Any employee ofthe vil- (1) General provisions. Any discharge into the lage authorized in writing by the director stormwater system in violation of any fed- to administer or enforce the provisions of eral, state, county, municipal or other law, this section. rule, regulation or permit is prohibited. (2) Director: The director of public services. (2) Specific prohibitions. By adoption of indus- (3) Discharge:- Any direct or indirect entry of trial activity stormwater regulations or by any solid, liquid or gaseous matter. issuance of industrial activity stormwater permits, or both, the director may impose ~ (4) Person: Any natural individual, corpora- reasonable limitations as to the quality of tion, partnership, institution, or other en- stormwater (including without limitation tity. the designation of maximum levels of pol- (5) Site of industrial activity: Any area or fa- lutants) discharged into the stormwater cility used for manufacturing, processing system from sites of industrial activity. Any or raw materials storage, as defined under promulgation of such regulations and issu- 40 CFR Section 122.26(a)(14) of regulations ante of permits by the director shall be in of the U.S. Environmental Protection accordance with applicable law. Agency, as amended. (3) Administrative orders. The director may (6) Stormwater: Any stormwater runoff, and issue an order to any person to immedi- surface runoff and drainage. ately cease any discharge determined by the director to be in violation of any provi- (7) Stormwater system: The system of convey- Sion of this section, or in violation of any antes used for collecting, storing, and trans- regulation or permit issued hereunder. porting stormwater owned by the village but not including any facilities intended to (4) NPDES permits. Any person who holds a be used in accordance with applicable law National Pollutant. Discharge Elimination for collecting and transporting sanitary or System (NPDES) permit shall provide a other wastewater. copy of such permit to the director no later than the later of: sixty (60) calendar days (b) Water quality. In order to minimize the deg- after the effective date of Ordinance No. radation of water quality in receiving bodies, all 8-g3 or sixty (60) calendar days after issu- development will be provided with landscaped ante. areas, grassed areas or other natural vegetated (e) Illicit discharges. areas to receive runoff from buildings, pavement or other impervious areas to the degree that pol- (1) General prohibitions. Except as set forth in lutants from these areas may be absorbed by the section 21-70(e)(3) or as in accordance with Supp. No. 5 1361 § 21.70 NORTH PALM BEACH CODE «t-},. a valid IVPDES permit, any discharge to with a.valid NPDES permit, any discharge the stormwatersystemthat isnot composed to the stormwater system that is not tom- entirely of stormwater- is prohibited, posed entirely of stormwater is prohibited. (2) Specific prohibitions. Any discharge to the (2) Sp.ecifac prohibitions. Any discharge to the stormwater system containing any sewage, stormwater system containing any sewage, industrial waste or other waste materials, industrial waste or other waste materials, or- containing any materials in violation of or containing any materials in violation of federal, state, county, municipal, or :other federal, state, -county, municipal, or other laws, rules, regulations, orders or per-mite, laws, rules, regulations, orders or permits, is prohibited. is prohibited. (3) Authorized exceptions, Unless the director (3) Notification of spills. As soon as any person determines that it is not properly managed has knowledge of any discharge to the or otherwise is not acceptable, the following stormwater system in violation of this sec- dischargesare exempt from the general pro- tion, such person shall immediately notify hibition set forth under section. 21-7Q(e)(1): the director by telephone or other direct flaws from fire fighting, water line flushing and other contributions from potable. water means and. if such person is directly or n- sources, landscape ir=rigation and lawn wa- directly responsible for 5.uch discharge, then tering, irrigation water,- diverted, stream such person .shall also take immediate ac- flows, rising groundwaters, direct infiltra- tion to ensure the containment and clean . tion to the. stormwater systeFn, uncontami- up of such discharge and shall confirm such nated pumped groundwater, foundation and telephone. notification in writing to the di- footng drains, .water from crawl .space rector within three (3) calendar days. pumps, air- conditioning condensation, ~ { ~ (4) Administrative order.. ~'he director may springs, individual residential car wash- issue an order to. any person to mmed- mgs, flows from riparian habitats and wet- ately cease any discharge, or connection to ~ ~- lands, and de-chlorinated swimming pool - the stormwater system, determined by the contributions. director to be in violation of any provision (4) IllLet co~cne..etions. N.o. per--son xnay main- of this section, or in violation of aiiy regu- taro, use or establish any direct or- indirect lation or permit issued hereunder. connection to the stormwater- system that (g) Enforcement. results in any discharge. in violation of this section This proh_i_bition is retroactive and (1) Injunctive relief. Any violation of any pro- applies to connections made in the past, re- vision of this section, or of any regulation. gardless of whether made under- a permit, or ordeF issued hereunder, shall_ be subject or other authorization, or whether permis- to injunctive relief if necessary to protect sible under- laws or- practices applicable- or the public health, safety or general wet- prevailing at the time the connection was .fare. made. (2) Continuing violation. A person shall be (5) Administrative order. The director may deemed guilty of a separate violation for issue an order to any person to imrnedi- each and every day during any continuing ately cease any discharge, or any connec- violation of any provision of this section, or tion to the stormwater system, determined of any regulation or permit issued here- by the director to be in violation of any pro- under. i vision of this section, or in violation of any regulation or permit issued hereunder. (3) Enforcement actions. The director may take (f) Spills and dumping. all actions necessary, including the issu- ante of notices of violation and the filing of 1 (1) General prohibitions. Except as set forth court actions, and/or- request enforcement under section 21-70(e)(3) or as in accordance by the- village code enforcement board to I Supp. No. 5 1362 i i PLANNING AND DEVELOPMENT § 21-101 require and enforce compliance with the (2) Authority for monitoring and sampling. Any provisions of this section and with any reg- authorized official may establish on any ulation or permit issued hereunder. property such devices as are necessary to conduct sampling or metering of discharges (h) Inspections and monitoring. of the stormwater system. During any in- spections made to enforce the provisions of (1) Authority for inspections. Whenever neces- this section, or regulations or permits is- sary to make an inspection to enforce any sued hereunder, any authorized official may of the provisions of this section, or regula- take any samples deemed necessary. tion or permit issued hereunder, or when- ever an authorized official has reasonable (3) Requirements for monitoring. The director cause to believe there exists any condition may require any person engaging in any constituting a violation of any of the provi- activity or owning any property, building sions of this section, or regulation or permit or facility (including but not limited to a issued hereunder, any authorized official site of industrial activity) to undertake such may enter any property, building or fa- reasonable monitoring of any discharge(s) cility at any reasonable time to inspect the to the stormwater system and to furnish same or to perform any duty related to en- periodic reports. forcement of the provisions of this section (Ord. No. 34-90, § 1.1(f), (j), 9-27-90; Ord. No. 8-93, or any regulations or permits issued here- § 1, 2-11-93) under; provided that (a} if such property, building or facility is occupied, such autho- Secs. 21-71-21.100. Reserved. rized official shall first present proper cre- ~ dentials and request permission to enter, and (b) if such property, building or facility ARTICLE VI. ARCIiAEOLOGICAL SITE is unoccupied, such authorized official shall PROTECTION REGIULATIONS* make a reasonable effort to locate the owner or other person having charge or control of Sec. 21.101. Purpose and intent. the property, building or facility, and shall request permission to enter. Any request (a) It is hereby declared that the protection, en- for permission to enter made hereunder hancement and examination of significant archae- _ shall state that the owner or person in con- ological resources is in the interest of the health, trol has the right to refuse entry, and that safety and welfare of the people of the Village of in such event is refused, the authorized of- North Palm Beach. It is acknowledged that within ficial may enter to make inspection only the Village of North Palm Beach there exists sites upon issuance of a search warrant by a duly which are of significant archaeological value as authorized magistrate. If the owner or prehistoric, historic and cultural resources. person in control refuses permission to enter (b) The purposes of this article are to: after such request has been made, the au- thorized official is hereby authorized to seek (1) Establish a procedure for review of devel- assistance from any court of competent ju- opment proposals on lands which are iden- risdiction in obtaining entry. Routine or tified as containing archaeological re- area-wide inspections shall be based upon sources; such reasonable selection processes as may (2) Establish a method to review the potential be necessary to carry out the purposes of archaeological value of previously uniden- this section, including but not limited to random sampling and sampling in areas *Editor's note-Provisions enacted by I-VIII of Ord. with evidence of stormwater contamina- No. 6.92, adopted May 28, 1992, have been included herein at the discretion of the editor as Art. VI, 21-101-21-108. ti0n, non-stormwater discharges, or similar Cross references-Code enforcement board, § 2-171; build- _ faCtOrs. ings and building regulations, Ch. 6. Supp. No. 5 1363 § 21-101 NORTH PALM BEACH CODE tified sites after the discovery of prehistoric ological sites include aboriginal mounds, forts, and historical artifacts; skeletal- or fossil- earthworks, village locations, camp sites, mid- ized human remains,. or non=human verte- dens; burial mounds, missions;. Historic or prehis- brate fossils during development; toric ruins which are, or may be the source of (3) Establish a mechanism to protect, when ap- artifacts or other items of. significant archaeolog- ical value. propriate, resources of significant archaeo- logical value identified pursuant to-this ar- Archaeologist; qualified: ?n archaeologist who title that are deemed important by a is a member of, or is'qualified for member-ship in qualified archaeologist to the prehistory or the Florida PrclaeoiogicaTCouncil or the. Society history of the county, state or nation; and of Professional Archaeologists. (4) Facilitate protection of resources of signif- Artifacts: Relics; specimens or objects of histor- icant archaeological<value without substan- ical, prehistorical, archaeological or- anthropol"og- tially delaying development. ical nature, -over seventy-five (75) years old; which (Ord. No. 6-92, § I, 5-2~-92) may be .found on~, above; or below the surface of the earth; including land'.and water; which have a Sec. 21.1D2. Applicability. scientific or historic value-: as objects of antiquity, This article is applicable within the incorpo- as abor-iginal relies or- as~ anthropological speci- rated limits of the Village- of North Palm: BeacH mens; including but not limited. to` clothing, tools and shall-apply to: A parcel.on whicH a:previously and weapons made of ceramics, ,worked stone, unidentified artifact or any human skeletal or fos- shell, bond;. teeth;. hide; feathers and hor-n;-metal silized human remain- or norr-human vertebrate coins; glass,. beads, building:. material; daub, and fossils of significant archaeological value is found plant fibers, Objects over. seventy-fiive (Z5) years ~ during site development, old.but not of significaritarelaeological:value shall ~ (Ord. No. 6-92; § II,. 5 28=92)~ not. be considered: an artifact for:~pur~oses of this- - article: ,Portlier, objects under_ seventy-five (75) Sec. 21'•I03. Definitions. years old and:deemed by a qualified.archaeologist to be of significant archaeological value. slia.: be Unless specifically defined' below, words or subject to the provisions. of:this-article. phrases used in this article shall be interpreted so as to give them the meaningthey have incommom Certificate to dig: A certificate that is..necessary usage and-to gi.~e this article its most reasonable prior to removal of a suspension order on a site application. where artifacts or fossilized Human remains or non-human vertebrate fossils are found during the Applicant: Person or entity applying for a ter- development process,. tificate to dig. Archaeologist consultant: Consu-leant to the Application: Application for a certificate to dig. public services. department-who shall be a quali- Archaeological evaluation report: Letter .pre- fled. archaeologist. pared by the village's consulting archaeologist Department: Public services department.. after issuance of a suspension order by the depart- ment. The letter- evaluates the potential signifi- Developer: Any person, including agovern- cance of an archaeological site. mental agency, undertaking any development as defined in this article. Archaeological site: A property or location which has yielded or might yield information on the Development: As defined in Section 380.04, county;.state or nation's history or prehistory. Ar- Florida Statutes, as well as site preparation work chaeolbgical sites are evidenced by the presence consisting of excavation; earth moving; and the ~ of artifacts and features on or below the ground like. This definition shall not include: (1) the di- surface indicating the past use of a location at viding of land into two (2) or more parcels; (2) least seventy-five (75) years ago by people. Archae- demolition of a structure except as necessary for Supp. No. 5 1364 i 4 I I PLANNING AND DEVELOPMENT § 21-10~ f construction and occurring after receipt of the of the property owner, contractor ox valid development order. subcontractor, or other party discov- ering the potential find; Development order: Any order granting or (2) Within one (1) working day of discov- granting with conditions an application for a de- Bring the potential find, the depart- velopment permit. ment and, if applicable, the property Development permit: Means any rezoning, spe- owner shall be notified; cial exception, special permit, site plan, subdivi- (3) Within three (3) working days, the ar- sion plat, excavation or land clearing permit, chaeologist consultant to the village building permit, or any other official action of the shall inspect and evaluate the site for Village of North Palm Beach having the effect of the purpose of determining whether ar- permitting the development of land. tifacts or human skeletal or fossilized remains or non-human vertebrate fos- Fossil: Aremnant or trace of an organism of a sils are located on a site. If the quali- past geological age. Pied archaeologist determines a signif- Signi ficantarchaeological value: An archaeolog- icant archaeological resource is on site ical site, fossil or artifact which could yield or has or likely to be on site, the director of yielded information deemed by a qualified, archae- the public services department shall ologist to be of significant scientific, historical, issue an order suspending construction ethnic or public significance to the history or pre- and define the area where the order history of the county, state or nation. suspending construction applies, based upon the archaeologist's assessment. Suspension order: Order suspending construe- Such order does not have the effect of a tion work directly over the potential archaeolog- stop work order and shall not stop con- . ical find. During the initial site visit, a qualified struction activity not directly im- archaeologistmay extend the boundary of the sus- patting the defined potential archaeo- pension order based on the potential significance logical site; and geographic coverage of the find. (4) The archaeologist consultant shall eval- Unmarked human burial: Any human skeletal cote the significance of the archaeolog- or fossilized remains discovered during any land ical find and send a written axchaeo- development activity or archaeological excava- logical evaluation report to the property tion. owner and director of the public ser- (Ord. No. 6-92, § III, 5-28-92) vices department within seven (7) working days from issuance of the sus- Sec. 21.104. Development subject to archae- pension order; and ological review. (5) In the archaeological evaluation report, the archaeologist consultant shall re- Development~ shall be subject to this article as quire an application for a certificate to follows: dig be prepared if the archaeologist de- (a) Preciously unidentified archaeological sites termines the site contains artifacts of discovered during development. When one. significant archaeological value. If the or more artifacts of human skeletal or fos- archaeologist consultant determines silized remains or non-human vertebrate that there is no reasonable possibility fossils are found on a site during develop- that artifacts of significant archaeolog- ment, all development activity directly over ical value are contained on the site, the the find shall cease. The following proce- archaeologist shall make such a finding dure shall a 1 to the department in the archaeolog- pp y' ical evaluation report and the depart- (1) The area directly over the find shall be ment shall immediately lift the suspen-~ staked by the property owner or agent sion order. Supp. No. 5 1365 § 21-104 NORTH PALM BEACH CODE ;-,r.. (b) Sites containing human skeletal remains. If of its findings within ten (10) working days. Eval- human skeletal -remains are found, then uation of the application by the department shall Section 872.05, Florida Statutes (1991), as be based upon guidelines in this article and rec- amended from time to time, controls. ommendations included in the archaeologist's re- (Ord. No. 6-92, § 1V, 5-28-92) port and recommendations of the .Palm Beach County historical Commission and the recommen- Sec. 21=106. Certificate to di dation of the Palm Beach County archaeologist. ~ - g The department s evaluation. shall do one of -the (a) Application. Owner of parcels required by following: section 21-104 above, to make application for a certificate to dig to the department shall make (1) If the property is determined to -have no such application prior to the issuance of a Bevel- significant archaeological value or insignif- opment order and a copy of the application shall icant value, the department shall, if appli- be forwarded by the department to the Palm Beach cable, issue the. certificate to dig, or lift the County Historical Commission. The application construction. suspension order, if applicable, for the certificate to dig shall be made on a form and-the development may proceed; or available from the department. Only one (1) cer-. (2) If the property is determined to have sig- tificate to dig shall be required to develop a site nfcant archaeological :value, the .depart- unless_additional resources are found during site meat shall issue a certificate to dig with or development. without conditions that are deemed neces- sary to protect or permit the excavation of (b) Report; contents of a certificate to dig.-The any part of the site found to be ofaignifi- application for a certificate to dig shall be subject cance, including conditions regarding -site to a fee established by the department, governed design. In order to protect-.archaeological _ by section 21-105(c), below, and include a report. resources. of significant value, •the -depart- prepared by a quahfied archaeologist.- The report meet may .require the applicant to do one shall at.minimum contain a documented search of or more of the Echo- wing as_part of receiving - - the-Florida Master Site Files, a brief history.of the certificate to dig: the area, an archaeological survey and field in- spection performed in a .professionally acceptable a. Preserve the archaeological site within manner, an assessment of tlze.archaeological sig- open space of the development; nificance of the site,. and a proposed plan for rnan- b. Redesign the development to accommo- agement. date preservation of all or a portion of - a site containing the significant arehae- All reports submitted to the department an prop- ological resources; er:.ties determined .to be of archaeological signifi- c. The :property owner may voluntarily canoe shall include the preparation o:f a Florida fund or seek funding-for excavation of Master Site File {FMSF) form, which shall be for- the resource,: if agreed to by the vil- warded by the Department to -the Division of His- lage. toxical Resezurces of the Florida Department of (3) If the village finds. it is impossible to ade- State. Copies of FIVISF forms shall be available at quately preserve the significant arehaeo- the department• logical resource using the standards and (c} Standards for issuance of a certificate to dig. proeeduxes in (2), above, and the proposed Within -three (3) working days of receiving an ap- development plan would adversely affect plicaton, .the department shall make a determi- any significant archaeological -resources nation of the completeness of the application. If found on the site, the department may delay the application is determined to be incomplete, issuance of.a certificate to dig for up to four the department shall request additional informa- (4) weeks after the submittal of a completed tion by certified mail. When the application is application so that either: complete, the department shall prepare its eval- a. Appropriate archaeological excavation nation of the application and r~ntify the applicant may be conducted to properly extract { F_ t. Sapp. No. 5 1366 TREES AND SHRUBBERY § 27-18 ,.- ARTICLE I. IN GENERAL Secs. 27-1-27-15. Reserved. W~te Geiger/Texas Wax Myrtle Olive Myrica cerifera Cordia boissieri ARTICLE II. TREES IN SWALE AREAS Orange Geiger Frangipani Cordia sebestena Plumex-ia rubra Sec. 27-16. Definition. Medium Trees As used in this article, the term "Swale areas" Common/Botanical Name shall mean those areas 1 'n between the street Pitch Apple Black Ironwood 3'i g Clusia rosea Krugiodendron fer- and the sidewalk which are the property of the ream village as part of its road and drainage right-of- Pigeon Plum Sabicu way. Coccoloba Lysiloma latisiliqua (Code 1970, § 41-11; Ord. No. 207-70, § 1) diversifolia Cross reference-Rules of construction and definitions Seagrape Madagascar olive generally, § 1-2. Coccoloba uvifera Noronhia emarginata Sec. 27-17. Planting and removal; written Dahoon Holly Allspice approval required. Ilex cassine Pimenta dioica Soap Berry No trees shall be planted in the Swale areas Sapinous Marinatus except by the village or by property owners who have obtained written approval of the public Large Trees services director to .plant any tree. Common/Botanical Name ! (Code 1970, § 41-12; Ord. No. 207-70, § 2; Ord. No. Red Maple 2-81, § 1, 1-22-81; Ord. No. 08-2002, § 1, 3-28-02) Acer rubrum Gumbo Limbo Bursera simaruba Sec. 27-18. Variety and location. Calophyllum/Beauty Live Oak The following regulations shall govern the va- Leaf Quercus virginiana riety and location of trees planted in swale areas: Calophyllum spp. Satinleaf Paradise Tree (1) Only those trees set forth below may be Chrysophylium Simarouba glauca planted in any Swale area: ohviforme Green Buttonwood Bald Cypress Conocarpus erectus Taxodium distichum Japanese fern tree Southern Magnolia Small Trees Filicium decipiens Magnolia Common/Botanical Name Grandiflora Sweet Acacia Stoppers Loblolly Bay Red Cedar Acacia farnesiana Eugenia spp. Gordoma Iasianthus Juniperus Silicicola Dwarf Poinciana Lignum Vitae Blolly Caesalpina spp. guaiacum sanctum Guapira discolor Weeping Hibiscus "Stan- Queen's Crepe myr- Bottlebrush dards" tle Callistemon Hibiscus spp. Lagerstroemia viminalis speciosa Glaucus Cassia Tree Jatropha Wild Tamarind ' Cassia surattensis Jatropha spp. Lysiloma Silver Buttonwood Crepe Myrtle bahamensis Conocarpus erectus Lagerstroemia Sweetbay Magnolia var. 'sericeus' indica Magnolia virginiana Sapp. No. 24 1683 § 27-18 NORTH PALM BEACH CODE are specifically prohibited. Coconut trees, fruit trees and shrubs are specifically Mastic Tree prohibited. Masticodendron foetisdissimum (2) Swale trees shall be planted so as not to Yellow Poinciana im ede the flow and stora e of storm Peltophorum p g pterocarpum water. Swale trees shall be planted and Redbay maintained to provide .safe sight dis- Persea borbonia tances in accordance with section 27-66. Slash Pine Incidental plantings of flowers may be Pinus elliotii var. planted. and maintained .without permit "densa" subject to the same criteria described Jamaican Dogwood herein. Piscidia piscipula Laurel Oak (3) Swale trees shall be lanted in accor- Quercus Iaurifolia p dance with Florida Power and Light Com- Small Palms pang guidelines so as to avoid interfer- CommonlBotanical Name ence with overhead utility lines. Silver Palm Needle Palm (Code 1970, § 41-13; Ord. No, 207-70, § 3; Ord. No. Coccothrinax Rhapidophylium 6-71, § 1; Ord. No. 2-81, § 2, 1-22-81; Ord. No. argentata hystrix 08-2002, § 2, 3-28-02) Bottle Palm Thatch Palm Hyophorbe Thrinax spp. Iagencaulis Sec. 27-19. Scope. Spindle Palm Christmas Palm r -~° Hyophorbe Veitchii merrillii The terms of this article shall apply to all l verschaffeltii plantings in Swale areas. Majesty Palm (Code 1970, § 41-14; Ord. No. 207-70, § 4) Ravenea glauca Large Palms Sec. 27-20. Maintenance. Common/Sotanical Name Paurotis/Everglades Chineses Fan Palm Swale areas shall be maintained by the adja- Palm Livistonia chinensis cent property owner or tenant. Acoelorrhaphe (Ord. No. 08-2002, § 3, 27-20) wrightii Alexandra Palm Triangle Palm Archontophoenix Neodypsis decaryi alexandrae Secs. 27-21-27-30. Reserved. Bismark Palm Royal Palm Bismarkia nobilis Roystonea regia Hurricane. Palm Cabbage/sabal palm ARTICLE III. LANDSCAPING* Dictyosperma al- Sabal palmetto bum Blue Lantania DIVISION 1. GENERALLY Catania Ioddigesii Alternative trees of the same character as Sec. 27-31. Definitions. those listed above maybe considered sub- ject to approval by the public services In construing the provisions of this article and director. each and every word, term, phrase or part thereof, Exotic, Pest and Invasive plants as listed *Cross references-Appearance plan, App. A; subdivi- by the Florida Exotic Pest Plant Council lions, App. B; zoning, App. C. ~F :;w~; Supp. No. 24 1684 I TELECOMMi7NICATIONS § 29-4 converters, splice boxes, cabinets, handholes, man- or relocate any telecommunications facilities in, holes, vaults, equipment, drains, surface location under, over or across any public right-of--way in markers, appurtenances, located, to be located, the village shall be considered to be using or used, or intended to be used, in the public rights- occupying the rights-of--way and shall be required of-way of the village to transmit, convey, route, to register with the village in accordance with the receive, distribute, provide or offer telecommuni- terms of this chapter. cations services. As of October 1, 2001, the term (b) Any telecommunications service provider "communications" shall be substituted for "tele desiring to use the public right-of--way shall file a communications", provided that F.S. § 337.401, is registration with the village which shall include amended effective October 1, 200.1, as set forth in Chapter 00-260, Laws of Florida, 2000. the following information: Telecommunications service shall include, with- (1) Identity of the applicant and name, ad- out limitation, the transmission, conveyance or dress and telephone number of applicant s routing of voice, data, audio, video, or any other P~~`3' contact person in connection with information or signals to a point, or between or the registration; among points, by and through electronic, radio, (2) A statement of whether the applicant is or satellite, cable optical, microwave, or other me- expects to be a local service provider and/or dium or method now in existence or hereafter atoll service provider, for registrations devised, regardless.of the protocol used for such submitted prior to October 1, 2001; transmission or conveyance. Telecommunica- tions service," as contemplated"herein, does not (3) Evidence of the insurance coverage re- include the provision of service via an open video quired under this chapter and acknowl- system or a cable service which shall require edgment that registrant has received and ' separate authorizations from the village. As of reviewed a copy of this chapter; October 1, 2001, the term "communications" shall (4) A copy of Federal and/or state certifica- besubstituted for "telecommunications' ;provided tion authorizing the applicant to provide that F.S. § 337.401, is amended effective October telecommunications services. 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000. (5) A security fund in accordance with this chapter. Telecommunications service provider shall re- fer to any person making available or providing (c) The village will review the information telecommunications services, as defined herein, submitted by the applicant. Such review will be through the use of a telecommunications facility by the village manager or his or her designee. If in the public rights-of--way. As of October 1, 2001, the applicant submits information in accordance the term "communications" shall be substituted with subsection (b) of this section, the registration for "telecommunications," provided that F.S. shall be effective and the village shall notify the § 337.401, is amended effective October 1, 2001, applicant of the effectiveness of registration in as set forth in Chapter 00-260, Laws of Florida, writing. If the village determines that the infor- 2000. mation has not been submitted in accordance with subsection (b) of this section, the village Village means the Village of North Palm Beach, shall notify the applicant of the non-effectiveness an incorporated municipality of the State of Flor- of registration, and reasons for the non-effective- ida, in its present form or in any later reorga- ness, in writing. The village shall so reply to an nized, consolidated, or enlarged form. applicant within thirty (30) days after receipt of (Ord. No. 01-2000, § 3, 2-$-01) registration information from the applicant. A Sec. 29-4. Registration. Registrant may cancel a registration upon writ- ten notice to the village noticing that it will no (a) Each telecommunications service provider longer maintain facilities in the public rights-of- that desires to place, erect, construct, install, way and will no longer need to pull permits to locate, maintain, repair, extend, expand, remove, perform work in publicright-of--way. Within thirty Supp. No. 21 17$5 § 29-4 NORTH PALM BEACH CODE ! t (30) days of any change in the. information re- maximum fee or consideration are alI taxes, li- quired to be submitted pursuant to subsection (b) tenses, fees, in-kind contributions accepted pur- of this section, registrant shall provide updated suarit to F.S. § 337.401(5), and other impositions information to the village. except ad valorem taxes and amounts for assess- - merits for special benefits, such as sidewalks, (d) A registration shall not convey title, equi- street pavings, and. similar improvements, and table or legal, in the public right-of--way. Regis- occupational license taxes levied or imposed by trams may only occupy public rights-of--way for the village upon a registrant. In the event that telecommunications facilities. Registration does applicable law currently permits or is amended to not excuse a telecommunications provider from permit the village to collect a fee higher than one obtaining appropriate access or pole attachment before locating its facilities on another person's (1) percent,. or permits the village to calculate the fee on revenues not specified herein, the regis- facilities. Registration does not excuse a provider tram shall pay, following written notice from the from complying with all applicable village ordi- village, its fee payments to the village to that nances, including this chapter. higher amount on the effective date of such law. (e) Each application for registration or trans- In the event applicable law is amended to require fer shall be accompanied by anon-refundable the village to collect a fee lower than the current application fee in the amount of eight hundred statutory limit, the village shall take all neces- dollars ($800.00). The fee amount shall be equal sary steps to conform the requirements hereof to to the village's costs and expenses incurred in applicable law. All of the aforestated payments connection with approving the registration or shall be made to the village quarterly, with such transfer. If the application fee is insufficient to payments made within twenty (20) days following cover all costs or expenses incurred by the village the end of each calendar quarter. Payments re- in connection with approval of the registration or ceived after the- due date stated herein shall be transfer the applicant shall reimburse the village subject to interest in accordance with the interest for any such costs and expenses in excess of the rate identified in F.S. § 55.03, or its successors. application fee. Fee amounts, may be amended from time to time, by resolution of the village (b) A registrant, that makes physical use of the council. This application fee may be credited public rights-of--way, and who is not providing against fees due under section 29-5. telecommunications services as defined in F.S. (f) Re stration with the villa e shall be § 203.012(3), as a condition for occupying or using ~ g the public rights-of--way shall pay to the village nonexclusive. Registration does not establish any annually no less than five hundred dollars ($500.00) priority for the use of the public right-of--way by a per linear mile of any cable, fiber optic, or other registrant or any other registrants. Registrations pathway that makes physical use of the public are expressly subject to any future amendment to rights-of--way. The village may adopt additional or replacement of this chapter and further subject fees or other consideration,. provided that any fee to any additional village ordinances, as well as or other consideration imposed by the village in any state or federal laws that may be enacted excess of five hundred dollars ($500.00) per linear during the term of the registration. mile shall be applied in a nondiscriminatory man- (Ord. No. 01-2000, § 4, 2-8-O1) ner and shall not exceed the sum of: ~ Sec. 29-5. Fees and payments. (1) Costs directly related to the inconve- (a) In consideration for the .rights, privileges nience or impairment solely caused by the and permission granted hereunder, a registrant disturbance of the public rights-of--way; hereunder shall pay to the village annually a sum (2) The reasonable cost of the regulatory ac- equal to one (1) percent of gross receipts of the tivity of the village; and registrant on recurring local service revenues for services provided within the corporate limits of (3) The proportionate share of cost of land for the village. Included within such one (1) percent such street, alley or other public way Supp. No. 21 1786 TELECOMMUNICATIONS § 29-7 attributable to utilization of the public and accounting files, and such other books and rights-of--way by a telecommunications ser- records, if such records relate to the calculation of vice provider. fee payments. The examination of such books, The fee or other consideration imposed pursu- accounts, records or other materials necessary for determination of compliance with the terms, pro- ant to this subsection shall not apply in any visions, and requirements of this chapter shall be manner to any telecommunications company which during regular hours of business of the registrant provides telecommunications services as defined at an office of the registrant located within the in F.S. § 203.012(3), for any services provided by county, or at another location satisfactory to the such telecommunications company. village. In the event that the village, pursuant to (c) Notwithstanding anything herein to the an audit, determines that there exists a discrep- contrary, the village shall at all times hereby ancy in the amount paid and the amount owed to require the maximum compensation allowed un- the village by the registrant in excess of two (2) der applicable law. percent, registrant shall pay all reasonable costs, fees and expenses of the audit. This paragraph (d) Except to the extent prohibited by applica- shall not apply for periods after October 1, 2001, ble law: or such other date as provided by law, provided (1) The fee payments to be made pursuant to that F.S. § 337.401, is amended effective October this Section shall not be deemed to be in 1, 2001, as set forth in Chapter 00-260, Laws of the nature of a tax; Florida, 2000. (2) Such fee payments shall be in addition to (b) Upon reasonable request, a registrant shall any and all taxes of a general applicabil- provide the following documents to the village as ity; received or filed: ~ (1) Any pleadings, petitions, notices, and doc- (3) A registrant shall not have or make any uments, regarding any legal proceeding claim for any deduction or other credit of involving any provisions of this chapter all or any part of the amount of said fee which are reasonably necessary for the payments from or against any of said village to protect its interests under this village taxes or other fees or charges of chapter. general applicability which registrant is required to pay to the village, except as (2) Any request for protection under bank- required by law; and ruptcy laws, or any judgment related to a declaration of bankruptcy. (4) The fee specified herein is the consider- (3) Nothing in this section shall affect the ation for use of the public rights-of--way, remedies the registrant has available un- including all public easements, for the der applicable law. purpose of installing and maintaining a (c) In addition, the village may, at its option, telecommunications facility. and upon reasonable notice to the registrant, (e) The payments required under this section inspect the facilities in the public rights-of--way to shall not apply as of October 1, 2001; or such ensure the safety of its residents. other date as provided by law, provided that F.S. (d) The village shall keep any documentation, § 337.401, Florida Statutes is amended effective books and records of the registrant confidential to October 1, 2001, as set forth in Chapter 00-260, the extent required under Florida Statutes. Laws of Florida, 2000. (Ord. No. 01-2000, § 6, 2-8-O1) (Ord. No. 01-2000, § 5, 2-8-01) Sec. 29-7. Underground installation; reloca- tion. Sec. 29-6. Reports and records. (a) To the extent required by applicable village (a) The village may, at its option, upon sixty rules and regulations and not inconsistent with (60) days notice to the registrant, but in no event applicable PSC rules and regulations, a regis- more often than once per year, examine the records trant shall install its facilities underground. Supp. No. 21 1787 a~ § 29-7 NORTH PALM BEACH CODE (b) Every registrant which places or constructs require reimbursement within thirty (30) days telecommunications facilities underground shall after the submission of the bill by the village to maintain appropriate participation in the re- the registrant. gional notification center for subsurface installa- tions. (e) Subject to F.S. § 337.403, whenever an order of the village requires such removal or change in the location of any telecommunications (c) Any telecommunications facilities hereto- facility from the public rights-of--way, and the fore or hereafter placed upon, under, over, or facility owner fails to remove or change the same along any public rights-of--way that is found by at its own expense to conform to the directive the village to be unreasonably interfering in any within the time stated in the notice, the village way with the convenient, safe or continuous use may proceed to cause the telecommunications or the maintenance, improvement, extension or facility to be removed. The expense `thereby in- expansion of such public rights-of--way shall, upon curred except as provided in F:S. § 337.403(1)(a~ written notice to the registrant or its agent, be (c), shall be paid out of any money available removed or relocated, within thirty (30) days of therefor, and such expense shall be charged against such notice, by such registrant at its own expense the owner of the telecommunications facility and in accordance with F.S. § 337.403. The village levied, collected and paid to the village. manager may extend the time within which a registrant shall remove or relocate a telecommu- Subject to F.S.. § 337.404,. whenever it shall nications facility, for good cause shown. be necessary for the village to remove or relocate any telecommunications facility, the owner of the telecommunications facility, or the owner's chief (d) The registrant shall not in any way dis- agent, shall be given written notice of such re- place, damage, or destroy any facilities, including, moval or relocation and an order requiring the ~ ~ but not limited to, gas, sewer, water main, pipe, payment. of the costs thereof, and shall be given cable, conduit, fiber optic, or other pathway or reasonable time, which shall not be less than any other facilities belonging to the village. The twenty (20) nor more than thirty (30) days in registrant shall be liable to the village for the which to file an appeal with the village council to costs of any repairs made necessary by any such contest the reasonableness of the order. Upon displacement, damage or destruction, of facilities receipt of a written appeal, the village council belonging to the village, and the registrant shall shall place the matter on the council's agenda for pay such costs upon- demand. In the case of an consideration within forty-five (45) working days. emergency, the village may commence repairs Should the owner or the owner's representative without any prior notice to the registrant. The not appear, the determination of the cost to the term emergency shall mean a condition that may owner shall be final, in accordance with F.S. affect the public's health, safety or welfare. In the § 337.404. event of an emergency the village may cause the repairs to be made at the facility-owner's expense, (g) To the extent permitted by law, a final utilizing village employees, agents or contractors, order of the village shall constitute a lien on any charge any and all costs, and require reimburse- Property of the owner and may be enforced by went within thirty (30) days after the submission filing an authenticated copy of the order in the of the bill by the village to the registrant. In all office of the clerk of the circuit court of the county other non-emergency circumstances, the regis- vs'herein the owner's property is located. trant shall be given prior written notice. If such (h) The village retains the right and privilege repairs are not performed in a reasonable and to cut or move any facilities located within the satisfactory manner within the thirty (30) Galen- public rights-of--way of the village, as the village dar days after receiving notice, the village may, manager in his/her reasonable discretion may cause the repairs to be made at the facility- determine to be necessary, appropriate or useful owner's expense, utilizingvillage employees, agents in response to any public health or safety ewer- ` or contractors,. charge any and all costs, and gency. If circumstances permit, the village shall Supp. No. 21 1788 I I I 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 irig and attractive scene results from skillful combinations and interrelations of these elements To 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, in all public matters, impartial and understand- and home owners are all attracted to the commu- ing, and above and beyond reproach. If it can also 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 com- towns-an awareness of the importance of good munity 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 commu- our communities and their beauty has elicited pity appearance and provide the necessary sympathetic judicial decisions in matters involy- leadership. ing esthetics. Act as counselor, guide, and consultant on SECTION I BASIS FOR THE APPEARANCE matters of appearance to those who desire to PLAN develop, redevelop, maintain, or improve prop- The North Palm. Beach Village Council adopted erties 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 anAppearance 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 The Board was empowered to develop an Appear- and the Appearance Board. 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. 25 2045 III § II NORTH PALM BEACH CODE ' ; relates to each specific project, its surround- FUTURE ZONING CLASSIFICATIONS AS DE- ings, and the community, by giving encourage- TERMINED BY VILLAGE ORDINANCE went, guidance, and direction. These areas include both privately and publicly owned properties. Elements within these areas Better maintenance of properties through en- include: couragement of preservation, upkeep, protec- tion, and care. Improved and unimproved land, including. open spaces, streets and parkways, playgrounds, gardens, malls, waterways, yards, rights-of- Modifications or additions to existing ordi- way, and other elements. nances as they pertain to improving commu- nity appearance. External architectural features of buildings and structures of all types, existing and future, visible to the eye, and above grade. Greater public interest and enthusiasm in over- all community beauty, appearance, cleanliness, Landscaping, land topography and plant life, and order. natural and man-made. Walks, drives, parking areas, and plazas. SECTION III AREAS OF JURISDICTION Exterior furniture, hardware,. signs and mark- ers,.posts and fences; barriers, lights and light- AREAS AND ELEMENTS UNDER JURISDIC- ing, supplementary structures and appurte- TION nances. AREAS OF PARTICULAR NOTE AND THEIR The jurisdictional areas of the Appearance Board ADDED REQUIREMENTS are all areas within the Village of North Palm The following is a list of natural and man-made Beach that are zoned: areas and thoroughfares of particular note with their descriptions and. added requirements. R1 SINGLE-FAMILY DWELLING DIS- TRICT-Applies to all usages except OCEAN BEACIi~AND STATE ROAD 703 single family and their normal acces- The existence of the ocean on our east imparts sort' buildings more directional and esthetic influence than R2 MULTIPLE-FAMILY DWELLING DIS- any other natural attribute. We should main- TRICT taro an awareness of it in the development of R3 APARTMENT DWELLING DISTRICT the community. It is felt that it is essential to CA COMMERCIAL DISTRICT maintain and develop physical and visual con- C1A LIMITED COMMERCIAL DISTRICT tact with it through vistas, overlooks, adjacent CB COMMERCIAL DISTRICT roads and access parts. The ridge between C1 NEIGHBORHOOD COMMERCIAL State Road 703 and the beach should be pre- DISTRICT served. as it provides a natural barrier between C2 AUTOMOTPi7E COMMERCIAL DIS- traffic and the beach, and defines the beach as TRICT ~ an entity in itself. State Road 703 is a north- C3 REGIONAL BUSINESS DISTRICT south highway between the Intracoastal Water- ~ P PUBLIC DISTRICT way and the ocean traversing the length of C-OS CONSERVATION AND OPEN SPACE North Palm Beach. It is the only man-made CC TRANSITIONAL COMMERCIAL DIS- artery where the true character of the coastal TRICT community can be experienced in its fullness. NBOZ NORTHLAKE BOULEVARD OVER- Its variance in elevation allows unparalleled LAY ZONING DISTRICT. views of the ocean and of the sloping terrain to (Ord. No. 19-95, § 1, 7-13-95; Ord. No, 06-2003, the Intracoastal Waterway. The natural topog- I § 1, 2-27-03; Ord. No. 11-2003, § 1, 4-10-03) raphy of the slope as well as the ocean ridge Supp. No. 25 2046 i t~PFEND:D€ ~ SLTBDIVISIaNS' § 36.6 (- marked thereon or a four-inch by four-inch con- ticular site and other sites in the same general Crete monument a minimum of twenty-Four (24) region. inches long with the point of reference marked thereon. "P.C.P.s" shall bear the registration (32) Right-of--way: Land dedicated, deeded, used number of the surveyor filing the plat of record.- or to be used for a street, alley, walkway, boule- • yard, drainage facility, access for ingress or egress, (26) Permanent reference monument "P.R.M.'r• or other purposes by the public, certain desig- A one-half-inch metal rod a minimum of twenty- Hated individuals or governing bodies. four (24) inches long or a one-and-one-half-inch minimum diameter metal pipe a minimum of (33) Sidewalk: That portion of the street right- twenty (20) inches long, either of which shall be of-way outside the roadway, which is improved for encased in a minimum six-inch diameter solid the use of pedestrian traffic: block of concrete, or a concrete monument four (4)~ (34) Street: Any accessway such as a street, road, inches by four (4) inches, a minimum of twenty- highway,. boulevard, alI'ey, parkway, circle, court four (24) inches long, with the point of reference or cuI-de-sac, and also includes all of the land lying marked thereon. A metal cap marker, with the between the right-of way lines as delineated on a point of reference marked thereon, shall bear the plat showing such= streets, whether improved or registration number of the surveyor certifying the unimproved, but shall: not include those access- plat of record, and the letters "P.R.M." shall be `,says such as easements and right-of--way intended placed in the top of the monument. solely for limited utility purposes such as for elec- (27) Person: The word "person" includes "firm, tric power lines, telephone lines, water lines, corporation, association, organization, trust, es- drainage and sanitary sewers, -and easements of tate or partnership." ingress and egress. (23) Plat: A map or drawing on which a subdi- (a) Arterial street: A highway used primarily vision plan is presented which depicts a complete for through traffic, carrying heavy volumes and exact representation of the proposed subdivi- of predominantly long-distance trafi"ic, usu- sion and other information required by these reg- ally on a continuous route. ulations. (b) Collector street: A street which, in addition to providing access to abutting properties, (29) Preliminary plat: A tentative plat of a pro- carries traffic between local streets and the posed subdivision showing the proposed layout of system of arterial streets and highways. the tract in sufficient detail to indicate the suit- ability of the proposed subdivision of land. (c) Local street: A street of limited continuity used primarily for access to abutting prdp- (30) Reach: A hydraulic engineering term to de- erties and not for through trafl"ic. scribe longitudinal segments of a stream or river. (d) Marginal access street: A local or collector A reach will generally include the segment of the street, parallel and adjacent to an arterial flood hazard areas where flood heights are influ- or collector street providing access to abut- enced by a man-made or natural obstruction. In ting properties and protection from arterial an urban area the segment of a stream or river or collector streets (also called frontage between the consecutive bridge crossings would typically constitute a reach. .street). (e) Cul-de-sac: A local street of relatively short (31) Regulatory flood: The flood which is repre- length with one end open and the open end sentative of large floods known to have occurred terminating in a vehicular turnaround. . in the area and reasonably characteristic of what can be expected to occur. The regulatory flood gen- (35) Subdivider; Any person, firm, partnership, erally has a flood frequency of one hundred (100) association, corporation, estate or trust, or any years as determined by the federal insurance ad- other group or combination acting as a unit, di- ministration from an analysis of floods at a par- viding or proposing to divide land so as to consti- 2357 i I - § 36-6 NORTH PALM BEACH CODE • I ~ tute a subdivision as herein defined, including an will require any new street, alley, easement or agent of a developer, public right-of--way to be created or before any (36) Subdivision: All divisions or resubdivisions building, street, drainage or utility construction of a tract or parcel of land into two (2) or more in said subdivision is begun, plans shall be sub- contiguous lots, building .sites or• other divisions mitted to-the planning commission and approved including all divisions of land involving the ded- by the village council according to the procedures ication of a new street or change in existing streets; established herein. provided, however, that the following shall not be included within this definition nor be subject to Sec. 36-8. Qualification of person making the provisions of these regulations: survey. (a) Any division of land directly from inherit- Every subdivision of lands made within the pro- ance, either testate or intestate, shall be visions of these regulations shall be made under exempted from the provisions of these reg- the responsible direction and supervision of a land ulations, provided. that such division is not surveyor who shall certify on the plat that the accomplished through recorded plats. plat is a true and correct representation of the (b) Any deed of gift, for any parcel of land given lands surveyed, that the survey was made under without valuable consideration to any his responsible direction and supervision, and that member of the donor's immediate family the survey data complies with all requirements of shall be exempted from the provisions of these regulations and F.S. chapter 177. The cer- these regulations, provided that such divi- tif"ication shall bear. the signature, registration sion is not accomplished through recorded number and the official seal of the land surveyor. plats.. ~ R._- (c) The public acquisition of strips of land for Sec. 36.9. Pre-application conference. the'widening or opening of streets. prior to the preparation of thepreliminary plat, (37) To plat: To provide or subdivide lands into the subdivider or his agent shall informally seek lots, blocks, parcels, tracts, sites or other divi- the advice of the village council, -the department sions, however the same may be designated, and of public services and other responsible agencies, the' recording of the plat in the office of the clerk in order to become familiar with the subdivision of the circuit court of Palm Beach County. requirements and provisions of the comprehen- (38) Use: The specific purposes for which land live plan affecting the territory in which the sub- or abuilding is designated, arranged, intended, or division is proposed to be located. The subdivider for which it is or may be occupied or maintained. shall submit ten (10) copies of the adequate plans (39) Utilities: Includes, but is not limited to, and data to clearly show•existing conditions of the water systems, electrical power, sanitary sewer site and its vicinity and the proposed layout of the systems,. gas systems, storm drainage systems, subdivision. It is intended that this procedure will telephone and television -cable systems. assist the subdivider in preparing a plat which will meet the requirements of these regulations. (40) Village council: The legal governing body This procedure does not require a formal applica- of the Village of North Palm Beach. tion or fee. (Ord. No. 15-90, § 1, 6-28-90) ARTICLE II. PR:OCEI)URES FOR Sec. 36.10. Preliminary plat procedure. SUBDIVISION PLAT APPROVAL Prior to the clearing of any land, removal of any Sec. 36-7. General [prerequisites to subdivi- vegetation, the cutting or grading of any street or sion.] the making of any street improvements or the installation of utilities, the subdivider shall se- Before any land under the jurisdiction of these cure from the village council an approval or con- subdivision regulations is to be subdivided which ditional plat approval for a preliminary plat and ~ti-= y'~ 2358 I APPENDIX B-SUBDIVISIONS § 36-10 construction plans of the proposed subdivision in sentative, shall attend these meetings of accordance with the following procedure: the planning commission to discuss his preliminary plat. (1) Application for preliminary plat approval. In order .formally to seek action on the (5) Planning commission review. The plan- preliminaryplat, the subdivider shall sub- Wing commission review shall include con- mit an application form, a minimum of sideration of the review comments. In twenty (20) copies of the preliminary plat addition, particular attention shall be given and the application fee to the department to the arrangement, location and width of of public services. streets, their relation to the topography of (2) Developments of regional impact. For all the land, water supply, sewage disposal, subdivisions that are presumed to be de- drainage, lot sizes and arrangement, the velopments of regional impact as provided present or future development of adjoin- in F.S. chapter 380, and chapter 22F, ing lands, and the requirements of the FloridaAdministrative Code, a copy of the comprehensive plan and zoning ordi- preliminaryplat and acompleted applica- nance. tion for development approval shall be (6) Planning commission action. Following submitted to the village council, the re- the hearing on the preliminary plat, the gional planning agency and the state land planning commission shall recommend to planning agency. A development order shall the village council one (1) of the following be issued prior to the review and approval actions: of construction plans as provided in sec- tion 36-12 of these regulations. 1. Issue a certificate of preliminary plat approval. (3) Fees. A filing fee of three hundred dollars ($300.00) shall be paid to the village by 2. Issue a certificate of conditional plat the .subdivider at the time of filing the approval, subject to any necessary application together with a deposit of the modifications which shall be noted estimated costs of the village in process- on the preliminary plat or attached ing the application. Upon the village de- to it in writing. termining the actual costs, applicants shall 3. Disapproval .of the preliminary plat pay the balance, if any, in full of such costs or any portion thereof, stating the including advertising and cost of review reasons for disapproval in writing. by the village engineer prior to final con- The subdivider may reapply for pre- sideration of the application. If the de- liminary plat approval in accordance posit exceeds actual costs, the balance with provisions of this section. shall be refunded to applicant. (7) Notifccation of action. The recommenda- (4) Review comments. The department ofpub- tion of the planning commission and the lic services shall forthwith transmit one action of the village council shall be noted (1) copy of the preliminary plat to the on two (2) copies of the preliminary plat, village engineer, copies to the village coon- one (1) copy of which shall be returned to cil and additional copies to appropriate the subdivider and the other retained by agencies. Each of these agencies shall the department of public services. review the preliminary plat and submit any written recommendations to the plan- (8) Failure of the planning commission to Wing commission, which shall hold apub- take action. Failure of the planning com- lic hearing on the preliminary plat with mission to make a recommendation to the due public notice as defined in F.S. Chap- village council, as required by paragraph ter 163.170 [section 163.3164(17)]. The (6) of this section, within ninety (90) days subdivider, or his duly authorized repre- of filing the preliminary plat, shall give Supp. No. 22 2359 § 36-10 NORTH PALM BEACH CODE the applicant the right to appeal directly (7) legal description of the tract to be subdi- tothe village council for action, unless the vided. applicant agrees to an extension of time. (8) -Names of owners of adjoining land with (9) Effect of approval. Approval. of the prelim- their approximate acreages. inary plat by the village council shall not constitute approval of the final plat but (9) Existing streets, utilities and easements shall be deemed an expression of approval on and adjacent to the tract, including the of the layout submitted as a guide to the location and size of each and the invert preparation of the final plat. Preliminary elevation of sewers. approval shall expire and be of no further (10) Other existing improvements including effect twelve (12) months from the date of buildin s on or adjacent to the tract. g J preliminary approval unless the time is extended by the village council prior to (11) Preliminary layout including streets, al- expiration; otherwise, the subdivider must legs and easements with dimensions and reapply for preliminary plat approval in proposed street names, lot lines with ap- accordance with provisions of this section. proximate dimensions, land to be re- (Ord. No. 15-90, § 2, 6-28-90; Ord. No. 06-2001, served or dedicated for public uses, and § 4, 3-22-01) any land to be used for purposes other than single-family dwellings. Sec. 36-11. Preliminary plat spec'if'ications. (12) Block letters and lot numbers. The preliminary plat shall be drawn clearly (13) Zoning distxi.ct boundaries on and abut- and legibly at a scale of at least one (1) inch ting the tract. equals one hundred (100) feet using a sheet size of (14) Proposed method and approval by all fran- twenty-four (24) inches by thirty-six (36) inches, ~ -~: - chised utilities of water supply, sewage reserving athree-inch binding margin on the left disposal, drainage, streetlighting and elec- side and aone-inch margin on the other three (3) trical distribution system. sides. If more than one (1) sheet. is required, an index map relating each sheet to the entire sub- (15) Minimum building frontyard setback lines. division shall. be shown on the first sheet. The (16) Typical street cross-sections for each street preliminary plat shall contain the following infor- classification.. mation: (1) Proposed name of subdivision. (17) Natural features including lakes, marshes or swamps, watercourses, land subject to (2) Name, address and telephone number of flooding, wooded areas and isolated trees the subdivider and agent of the subdi- having a trunk caliper of six (6) inches or vider. more at a height of four (4) feet above the ground. In lieu of this requirement, the (3) Name and registration number of sur- applicant may furnish aerial photographs veyor. of the area in question. Aerials to be no more than two (2) years old and to a scale (4) Date of.survey, north point, graphic scale, of a maximum of one (1) foot to two date of plat drawing and space for revi- hundred (200) feet. Sion dates. (5) Vicinity map showing location with re- (18) Surface drainage with direction of flow spect to major roads and acreage of the and method of disposition indicated. subdivision. (19) Soil survey map. (6) Boundary line of the tract by bearing and (20) Subsurface conditions of the tract show- distance. ing subsurface soil, rock and groundwater i Supp. No. 22 2360 APPENDIX B-SUBDIVISIONS § 36-12 j,, conditions; location and results of soil Sec. 36-12. Construction plans procedure. percolation tests; location and extent of muck pockets. (1) Preparation of construction plans. Follow- ing approval of the preliminary plat (and issuance (2i) Existing covenants and restrictions. of development order for development of regional impact when applicable) the subdivider shall sub- (22) Any other information that may be con- mit construction plans and specifications for all sidered necessary for full and proper con- proposed subdivision improvements. These con- sideration of the proposed subdivision. struction plans must be prepared in conformance with these regulations by a professional engineer (23) Inscription stating "NOT FOR FINAL RE- registered in the State of Florida. CORDING." (2) Submission and review of construction plans. (24) Flood hazard reports. If the proposed sub- The subdivider shall submit four (4) sets of prints division is in an area subject to flooding as approved by all interested agencies of the com- determined by the village engineer then pleted construction plans and the approved pre- the subdivider shall submit three (3) val- liminary plat to the department of public services ley cross-sections including the channel of along with a filing fee of three hundred dollars the stream at points specified, topographic ($300.00) together with a deposit of the estimated information for areas adjoining sides of costs of the village in processing the application. the channel, cross-sections for land to be Upon the village determ;n;ng the actual costs, occupied by the proposed development, applicants shall pay the balance, if any, in full of high-water information, boundaries of area such costs including advertising and cost of re- subject to ponding and other pertinent view by the village engineer prior to final consid- information. The department of public eration of the application. If the deposit exceeds services shall transmit one (1) copy of this actual costs, the balance shall be refunded to information described to the village engi- applicant. Following review, if the construction Weer or other expert person or agency for plans are consistent with the approved prelimi- technical assistance, where necessary, in nary plat and comply with all standards and evaluating the proposed project in rela- specifications, the village engineer shall notify tion to flood heights and velocities, the the subdivider and the department of public ser- seriousness of flood damage to the use, vices of construction plan approval. If the con- the adequacy of the plans for protection struction plans are not consistent with the ap- and other technical matters. The plan- proval preliminary plat or do not comply with all Wing commission, with technical assis- standards and specifications, the village engineer tance, shall estimate the discharge of the shall notify the subdivider and the department of regulatory flood, determine the specific public services: flooding threat at the site of the proposed (a) Conditional construction plan approval, subdivision and determine whether the subject to any necessary modifications subdivision is located in a floodway or' which shall be indicated on the plans or flood fringe area by: attach to it in writing; or (a) Calculation of water surface eleva- (b) Disapproval of the construction plans or tions and flood protection elevations any portion thereof, indicating in writing based upon a hydraulic analysis of the reasons for such disapproval. the capacity of the stream channel . and overbank areas to convey the (3) Posting of surety device. Approval of the .regulatory flood. Flood protection el- construction plans is authorization to proceed evations shall be at or above the with installation of any improvements required, water surface elevations of the reg- subject to the approval of agencies having proper ulatory flood. authority, and the preparation of the final plat or Supp. No. 22 2361 § 36-12 NORTH PALM BEACH CODE ~ ti unit division thereof, and in certain instances as (4) Posting of maintenance bond. A mainte- specified herein, subject to the posting of a surety nance bond in the amount of ten (10) device as follows: percent of the total cost of all required (a) If the final plat is to be recorded prior to street and drainage improvements shall installation of improvements, a surety in be posted as a condition to final plat the form of a performance bond, trust approval by the village. Such mainte- deed or escrow agreement, approved by nance bond will be returned to the subdi- ~ eider at the end of one (1) year from the ~ the village attorney, shall be filed with the ~ village clerk. Such surety shall cover at time of final plat approval, provided that least one hundred ten (110) percent of the ~ required improvements have been prop- cost of all required improvements, such as erly maintained, as approved by the vil- streets and drainage,. water, sewerage, lage engineer. gas and electrical distribution systems, (Ord. No. 06-2001, § 5, 3-22-01) with estimates provided by the subdivider approved by the village engineer. ' The Sec. 36-13. Construction plan specifications. ' ~ surety shall be conditioned upon the faith- plans for the required improvements shall be ful performance by the subdivider of all prepared'for the approval of the village engineer work `required to complete all improve- prior to construction and only after approval of meats and installations for the subdivi- the preliminary plat. ~uch improvement plans Sion, or unit division thereof, in compli- shall show the proposed locations, sizes, types, ante with these rules and regulations grades and general design features of each facil- within aperiod of one (1) year and shall ity, and shall be based upon reliable field data. be payable to and for the indemnification These drawings shall include the following infor- ~l ~ of the village. mation: ~ (b) If improvements are installed prior to final plat approval in accordance with the (1) A topographic, map of the subdivision as specifications of these regulations and such. required by the village engineer with a improvements have been inspected and maximum contour interval of one (1) foot approved by the village engineer and the where overall slopes of zero percent to two subdividers. engineer, the following certi- (2) percent,. two (2) -feet where slopes are fication shall be substituted for a surety over two (2) percent but less than ten (10) .percent, or five (5) feet where slopes are device; over ten (10) percent, based on U.S. Coast I hereby certify that I have in- and Geodetic Datum. Such map shall be spected the streets, utilities, monu- prepared by a land surveyor. meats and other improvements shown on the plat of (2) A drainage map of the entire basin or subdivision and to the best of my basins within which the subdivision lies. knowledge. find that the same have This map may be combined with the above been constructed and installed in topographic map, including all ridges out- accordancewith prescribed specifica- lining the basins and the sizes of the tions and a maintenance bond in the basins in acres, of all existing and pro- amount of posted and find posed drainage: areas of flow concentra- that there are no visible defects in tion. Flow paths shall be indicated through- the materials and workmanship ap- out, including final outfalls with the parent in said improvements. subdivision and basins. Approved: (3) Improvement construction drawings. Three (3) blueprints of these drawings shall be submitted and the sheet size. shall be Village Engineer Subdivider's Engineer twenty-four (24) inches by thirty-sig (36) Supp. No. 22 2362 I , APPENDIX B-SUBDIVISIONS § 36-13 inches unless another size is approved by the staff. The drawings shall be refer- enced to the name and unit number of the proposed subdivision, shall show eleva- bons based on mean sea level datum plan approved by the village engineer, and shall show the following information: (a) Street profiles. Plans for street con- struction shall consist of a plan view showing PI elevations and percent- age grade slopes between PI's on the plan sheet. (b) Street cross-sections. Across-section of each proposed street, at a scale of ten (10) feet or less to the inch, showing the width of pavement, the location and width of sidewalks, where required, and rights-of--way. (c) Water supply, sewers, storm water drainage, gas system, CATV, tele- phone system and electrical distribu- tion system. The plans and profiles of pro- i Supp. No. 22 2362.1 -~ - _ - ;t=_ ~~~- t i i APPENDIX B-SUBDIVISIONS § 36-14 posed water distribution systems, san- (3) Planning commission review. The planning itary sewers, stormwater drainage commission shall review and make its final rec- sewers, other drainage ways, gas ommendation on the final plat within forty-five system, CATV, telephone system and (45) days after the plat is submitted to the depart- electrical distribution systems, at a hor- ment of public services. Failure of the planning izontal scale equal to the horizontal commission to make a recommendation within scale of the subdivision plan and a ver- forty-five (45) days of submittal shall give the ap- tical scale of one-tenth of the horizontal plicant the right to appeal directly to the village scale, with grades and sizes indicated. council for action, unless the applicant agrees to (4) Minimum construction specifications shall an extension of time. Before submission of the be as specified herein. final plat, the planning commission shall receive a written report from the village engineer certi- Sec. 36.14. Final plat procedure. Eying compliance with or noting deviations from (1) General. No lots shall be sold and no street the approved preliminary plat and the require- accepted and maintained by the village, nor shall meets of these regulations. When substantial er- any permit be issued by the building official for rors are found in the accuracy of the final plat, the the construction of any permanent building within subdivider shall be responsible for correction in such subdivision unless and until the final plat the survey or the final plat. has been approved by the planning commission (4) Planning commission action. If the final plat and the village council and duly recorded by the meets all requirements of these regulations and clerk of the circuit court. The final plat shall can- complies with the approved preliminary plat, the form substantially to the preliminary plat as ap- planning commission shall recommend approval proved by the village council and shall incorpo- of the final plat and indicate its recommendation ~ rate all modifications and revisions specified in on each copy by signature of the planning com- ' the approval of the preliminary plat. A final plat mission chairman. If the final plat is recommended may constitute only a portion of the approved pre- for disapproval by the planning commission, the liminary plat. After completion of the required reason for such action shall be specified in writing. improvements of the subdivision or the posting of One (1) copy of such reasons shall be transmitted a surety bond, the subdivider shall submit to the to the village council and to the subdivider. The department of public services a final plat in ac- subdivider may make the recommended changes cordance with the following procedure. and resubmit the final plat to the planning com- (2) Application for final plat approval. After the mission. preliminary plat of a proposed subdivision has been given approval by the village council, the (5) Village council action. If the final plat meets subdivider shall, within twelve (12) months or such all the requirements of these regulations and com- additional time as may be granted by the village plies with the approved preliminary plat, the vil- council, submit to the department of public ser- lage council shall approve the final plat and indi- vices at least forty-five (45) days prior to the cate its approval on each copy by signature of the meeting of the planning commission at which it is mayor as attested by the village clerk. If the final to be considered, the following: plat is disapproved by the village council, the rea- sons for disapproval shall be stated in writing. A (a) A letter requesting review and approval of copy of such reasons shall be sent to the subdi- the final plat. vider. The subdivider may make the necessary (b) The original linen or mylar tracing of the changes and resubmit the final plat to the village final plat and two (2) reproducible linen or council. mylar copies. (6) Recording of (anal plat. Upon approval of (c) Five (5) printed copies of the final plat with the final plat by the village council, the original signed certification and other documents as linen or mylar tracing of the final plat shall be specified herein. recorded with the clerk of the circuit court by the 23M § 36-14 NORTH PALM BEACH CODE fiy~ village clerk with all recording fees paid by the '(9) The closest land line or section corner shall subdivider. The. final plat shall be recorded prior be accurately tied to-the lines of the subdi- to the sale of any lot within the subdivision. Upon ~ vision by distance and angles. recording the approved final plat, a copy of any (10} Location, dimensions and purposes of any private. covenants. or deed restrictions shall bepro- land reserved or dedicated for public use. vided by the subdivider for the records of the de- partment. of public services.. One (.1) reproducible (11) Exact location, widths and names of all copy .of the final plat shall be retained by the de- streets and alleys within and immediately partment of public services and one (1) copy by the adjoining the new subd'ivis'ion. village engineer. (12) Street right-of--way lines shall show angles Sec. 36-15. Final. plat specifications. of deflection, angles of intersection, radu and lines of tangents. The final plat shall be drawn clearly and leg- ibly at a scale of at least- one (1) inch equals one (13) Lot lines -shall be shown with dimensions hundred (100) feet using a sheet size of twenty- to the nearest one-hundredth foot and bear- four (24)'nches by thirty-"six (36) inches, reserving ings. a three-inch binding margin on the-left side and a (14) Lots shall be nuiribered in numerical order one-inch margin on the other three (3) sides. If and blocks'lettered alphabetically. more than. one (1) sheet is required, an index map - relating each sheet to the entire subdivision shall (15) Accurate location and description of monu- be shown on the first sYieet. The final plat shall ments and markers shall be described on conform to Chapter 177, as amended, Florida Stat- the plat. utes, and contalri no less than the following infor- (16) Minimum building front yard setback lines. "rP'" mation: (17) Reference to recorded subdivision plats of (1) Name of subdivision.. adjoining platted .land shall. be shown by (2)' Name and address of subdivider. record. name, plat book and page number. (3) North point, graphic scale and- date. (18) Covenants and restrictions shall be filed for record with the clerk. o#' the circuit court (4) Vicinity map showing location and acreage and the recording information shown on the of the subdivision. ~ plat. (5) Exact boundary line of the tract, determined (19) Signed certificates. The following. certifi- by afield survey, giving distances to the cites. shall appear on the final plat: certif- nearest-one-hundredth foot and angles to icates (a), (b), shall be properly signed be- the nearest minute, shall be balanced and fore the final .plat is submitted to the closed with an apparent error of closure not planning commission. to exceed one (1) in five thousand (5,000). . (a) Certificate of surveyor. (6) Legal description of the tract. (b) Certificate of ownership and dedica- (7) Bearing and distance to permanent points tion. on the nearest existing street lines of bench (c) Certificate ofrecommendation byplan- marks or other permanent monuments (not ning commission. less than three (3)) shall be accurately de- (d) Certificate of approval by the village scribed on the plat. council. (8) Municipal and county limit lines shall be Sec. 36.16. Reversion o€ subdivided land to accurately tied to the lines of the subdivi- acreage. sion by distance and angles when such lines (1) As provided for in F.S. chapter 163, an ap- traverse or are reasonably close to the sub- plicant of any subdivided land may file,a final ; division. plat for the purpose of returning the land to 2364 APPENDIX B-SUBDIVISIONS § 36.38.1 Florida Water Management District, Palm Beach plant communities shall include the fol- County Engineering Department, Palm Beach lowing: coastal scrub; xeric hammock or County Health Department, Palm Beach County xeric scrub; tropical hammock; low ham- Department ofEnvironmental Resources Manage- mock, temperate hammock or mesic ham- ment, Palm Beach County Countywide Planning mock; mixed hardwood swamp or hydric Council, Treasure Coast Regional Planning hammock; pond apple slough; cypress Council, Florida Department of Community Af- swamp; freshwater marsh; mangrove fairs,. Florida Department of Natural Resources, swamp; oak forest. No irrigation system Florida Department of Environm®ntal Regula- shall be installed in preserved plant com- tion, Florida Game and Freshwater Fish Commis- munities. The planting of species of. mela- sion, Florida State Internal Improvement Fund, leuca, Australian pine and.Brazilian pepper Florida Inland Navigation District, U.S. Army in new developments is prohibited. Corps of Engineers, franchised utility companies (c) Vegetation removal permits. and any other regulatory agency and/or service provider. (i) Generally: Unless .otherwise provided (Ord. No, 15-90, § 6, 6-25-90) in this section, no person, corporation, association, public agency, or agent or Sec. 36.3.1. Land clearing; vegetation and employee thereof, shall effectively de- wildlife protection and g~reser- stroy or remove native vegetation as vation, defined in section 7(1)b [subsection (1)(b) of this section] from any property (1) Generally. within the village without first ob- (a) Section objectives. The objectives of this sec- taming a vegetation removal permit tion in limiting land clearings are: from the department of public services. (ii) (Application fort vegetation removal per- (i) To limit the use of irrigation water in mits. Permits for the removal, reloca- open space areas by promoting the pres- tion or replacement of vegetation cov- ervation of existing native plant com- ered herein .shall be obtained by munities; submitting an application, on a form (ii) To limit the removal of existing native prescribed by the village, with the de- vegetation in advance of the approval partment of public services of North of land development plans; Palm Beach. (iii) To limit the removal of existing native vegetation and wildlife when no com- (2) Application procedure far vegetation removal parable vegetation and wildlife plan permit within proposed development for which sep- has been prepared for the site; orate building permit or tentative plan approval is (iv) To promote the removal of undesirable requested. exotic plant species and prohibit new plantings. (a) Preliminary review. As a precondition to the filing or receiving of any application for a (b) Preservation of existing native vegetation building permit with the department of and prohibition of noxious exotic vegetation. public services, the applicant shall make Existing environmentally sensitive native application for and receive a preliminary vegetation and plant communities and their approval certificate from the department of associated wildlife shall be protected and public services. The preliminary review pro- incorporated into the site plan, Certain na- cedure shall guarantee that the applicant tive plant communities shall be given spe- will take all steps reasonably necessary to cial protection appropriate to the geographic preserve existing native vegetation, purge area as determined by the village and shall the site of undesirable exotic species and to be protected and preserved as total enti- otherwise enhance the aesthetic appear- ties, including understories. Those native once of the development by the incorpora- 2373 I i § 36-38.1 NORTH PALM BEACH CODE . tion of existing native vegetation into the chitect; -licensed landscape contractor, design process. certified nurseryman, or other person (b) Required vegetation inventory. Each appli- having similar recognized skills and ex- cationfor avegetation removal permit shall perience. be accompanied by a generalized vegeta- (iii) Reasonable additional information. The tion inventory which shall consist of the department of public services may re- foIlowing: quire that the application include such additional information which isreason- (i) Vegetation inventory. A vegetation in- able and necessary for adequate admin- ventory showing the location and ex- istration of this section. tent of vegetation upon the site. The (iv) Sufficient number of copies. The appli- inventory shall be based upon the most cation and accompanying documenta- current available information. For non- tion shall be submitted in copies suffi- residential and multifamily develop- cient to administer this section. merit, the inventory may be in the form of an aerial.or a field survey, and shall (c) Preliminary approval. be accompanied by photographs illus- (i) Issuance for lots with minimal vegeta- tratingtypical areas of vegetation. For tion disruption. Where the department individual single-family or duplex de- of public services has verified that no velopments, the inventory may be in native vegetative removal activity is the form of hand drawn sketches ac- involved in a proposed development, a companied by photographs of existing preliminary approval certificate shall site conditions. The vegetation inven- ' • tort' shall be prepared at the same scale be issued forthwith. as the site development plans or in (ii) Issuance for lots with significant dis- some other manner which clearly illus- ruption. A decision to grant or deny the trates the relationships between the preliminary approval certificate with areas of vegetation and the proposed or without conditions shall be made by site improvements. the department of public services (ii) Written assessment and evaluation. The within ten (10) working days of the ap- inventory shall be accompanied by a plicant's submission of the information written assessment of the plant tom- required in this section and provided munities and their associated wildlife the information is deemed sufficient as which have been identified on the site. to form and content by the department The assessment shall include an eval- of public services. Preliminary approval uation of character and quality of the for an application involving vegetation plant communities and associated wild- removal activity shall be granted only life identified, including their rarity, if the department of public services _ viability, and such other physical char- finds that all reasonable efforts have acteristics and factors which may af- been undertaken in the layout and de- fect their preservation. For projects sign of the proposed development topre- other than individual single-family or serve existing native vegetation and duplex residences, the assessment and wildlife and to otherwise enhance the evaluation shall be prepared by the aesthetic appearance of the develop- Palm Beach Soil and Water Conserva- merit by the incorporation of existing - tion District or by a person knowledge- native vegetation in the design pro- able in the identification and evalua- cess. Relocation or replacement of veg- tion of vegetative and wildlife etation and wildlife shall be required resources, such as a forester, biologist, as a condition to the issuance of a pre- ecologist, horticulturalist, landscape ar- liminary approval certificate in ac~or- 2374 I I APPENDIX B-SUBDIVISIONS § 36.38.1 ~- dance with the criteria set forth in this given by the department of public services. section. Vegetation relocated from one (1) portion of (iii) Rootpruning. Upon the issuance of a the site to another which does not survive rootpruning certificate, rootpruning of transplantation shall be replaced with a vegetation designated to be relocated suitable replacement as specified by the de- may be immediately commenced. How- partment of public services. ever, no actual removal of vegetation (3) Application procedure for vegetation removal shall take place until issuance of a final unrelated to building permit applications. vegetation removal permit. The issu- ance of a rootpruning certificate shall (a) Applicability. Vegetation removal permits have no bearing upon the need to .not sought in conjunction with building per- comply with other applicable require- mits shall be obtained by making applica- ments. tion...therefor, on a form prescribed by the village, prior to the removal, relocation or (d) Certification of compliance. Prior to the is- replacement of vegetation from or on the suance of any building permit or site devel- following types of property: opment permit upon property which re- ceived apreliminary approval certificate (i) All vacant or undeveloped sites. under this section, the department of public (ii) All developed sites. However, devel- servicesshall certify that the final construe- oped single-family and duplex sites tion plans comply with the preliminary site shall be exempt from the provisions of plan as it affects existing native vegeta- this code [section] when less than three tion. Any proposed deviation from the pre- ~ (3) native trees are removed from the liminary site plan as it affects existing na- site within any six-month period. tive vegetation will be subject to a new (iii) All rights-of--way, public or private. review according to the same criteria and (b) Required vegetation inventory. Each appli- procedures as the original preliminary re- cation for a vegetation removal permit shall view. be accompanied by a vegetation inventory (e) Time limitation. A vegetation removal which consist of the following: permit issued under this section shall be (i) Vegetation inventory. A vegetation in- subject to the same time limitation rules as ventory showing the approximate loca- are applicable to its accompanying building tion and extent of vegetation upon the permit or site development permit. site. The inventory shall be based upon Permit card. Upon the .issuance of a vege- the most current available information. tation removal permit under this section, a For nonresidential and multifamily copy of the permit shall be prominently dis- lots, the inventory may be in the form played on the site prior to the removal, re- of an aerial or a field survey, and shall location or replacement of any plant mate- be accompanied by photographs illus- rial or wildlife. Vegetation removal permits trating typical areas of vegetation. For issued in conjunction with building per- individual single-family or duplex lots, mits shall be included with the weather- the inventory may be in the form of proof building permit card and shall be dis- hand drawn sketches accompanied by played alongside it on the site. photographs of existing site conditions. (ii) Written assessment and evaluation. The (g) Final inspection. No final certificate of oc- inventory shall be accompanied by a . cupancy shall be issued until the relocation written assessment of the plant com- or replacement of vegetation and/or wild- munities and their associated wildlife life, as required by the vegetation removal which have been identified on the site. permit, has been completed and then final The assessment shall include an eval- vegetation inspection approval has been cation of character and quality of the 2375 ii § 36-38.1 NORTIi:PALM BEACH CODE r.,,° .~-,, - r; plant communities and :associated wild- tures- so to endanger such structures, life identified, including their rarity, interferes with utility services, creates viability, and such other physical char- unsafe vision clearance or constitutes acteristics .and factors .which may af- a health. hazard; or ' fect their preservation. For:lots other (ii) -Where-the affected vegetation will be than individual single=family or duplex relocated, replaced-with a suitable sub- residences, the assessment and evalu- ~ stitute tree. or otherwise preserved; or - ation shall be prepared by ~"the Palm (iii) 'Where undesirable exotic species of Beach Soil and Water Conse vation melaleuca; Australian pine and Bra- - District or by a person knowledgeable zilian pepper have proliferated on a site in the identification and evaluation of aril have encroached upon native plant vegetative and wildlife resources, such ~ communities. as a forester; biologist, ecologist, horti- (e) Relocation, replacement of native vegetation 'culturalist, landscape architect, li- and removal of exotic species. Asa condi- cerised landscape contractor, certified tion to the granting of a vegetation removal nurseryman,' or other "person having ~ permit under this section the applicant shall similar recognized skills and experi- ~ be required to:. - ence. (i) Propose and implement a program for (iii) Reasonable-additional information. The the removal of undesirable exotic, spe- department of.public services may re- Gies of plants; quire that the application. include such (ii) Relocate vegetation which would oth- .additional information which is reason- ~ erwise be destroyed to another location able and necessary for adequate admire- - upon. the site; or istration_of this section. (iii) Replace vegetation which will be de- rr (iv) Sufficient number of copies. The appli- stroyed with suitable. replacements 1 cation and accompanying documenta- elsewhere within this site. In the de- tion-shall be submitted in copies suffi- termining relocation; replacement or cieiit to administer thss section. root pruning of vegetation, the depart- ment of public: services shall consider (c) Application review. An application. shall be the needs of the intended use of the reviewed for completeness by the depart- property, including all lands dedicated ment of public services, which review may to .public use, together with an evalu- . include a check of the site and referral of ation of the following: the application for recommendation to other appropriate administrative departments or (1) Existing. vegetative coverage and agencies. The department of public services wildlife on the site and in the im- shall render a decision of the application mediate surrounding area. within ten (10) working days of the receipt (2) Quantity of vegetation to be re- of the completed.. application. If not tom- moved from. the entire site. plete, the .applicant shall complete the ap- (3) The type, size and condition of the plication within twenty (20) working days vegetation to be removed. after notification that the application was (4) The feasibility of relocating the not complete.. - particular vegetation and_ /or wild- life. (d) Circumstances justifying issuance. Vegeta- (5) Topography and drainage of the tion removal permits•shall be issued in the site. following circumstances: (6) The nature. of the existing and in- (i) Where,;a tree, due to natural circum- tended use of the property. stances, is no longer viable, is in danger (f) Permit issuance and permit card. Upon ap- of falling, is too close to existing strut- proval of an application made under this d; 2376 APPENDIX B-SUBDIVISIONS § 38-38.1 section and the payment of the required (c) Attachments. No attachments or wires fee, the department of public service shall other than those of a protective or issue a permit therefor. With each such nondamaging nature shall be attached to permit, the department of public services any protected vegetation during construc- shall issue a weatherproof permit card tion. which shall bear all pertinent information thexeon. Such card shall be maintained in (d) Excavation. Unless otherwise authorized a conspicuous place on the front of the by the vegetation removal permit, no soil premises affected thereby during the en- is to be removed from within the drip line fire time that the work authorized by the of any tree that is to remain at its original vegetation permit is in progress. location. (g) Time limitation. Permits shall expire and (e) Protective barriers. become null and void if work authorized (i) Installation ofprotection barriers. All by such permit is not commenced within protection barriers shall be installed ninety (90) days .from the date of the and maintained for the period of permit or if such work when commenced time beginning with the commence- rs suspended or abandoned at any time for went of any land clearing or building period of ninety (90) days. If work has operations and ending with the com- commenced and the permit becomes null pletiop of the permitted clearing or and void or expires because of Iack of building construction work on the progress or abandonment, a new permit site. covering the proposed vegetation xemoval activity shall be obtained before proceed- (ii) On-site representative required. The ing with the work. This provision shall applicant for a vegetation removal not be applicable in case of civil commo- permit shall, at the time of applica- tion, or when said work is halted due to tion, designate an on-site represen- legal action by the village against the tative who will be responsible for the permittee. installation and the maintenance of all tree protection barriers. The rep- (4) Vegetation protection during construction. resentative shall be responsible for supervising the removal of all exist- (a) Generally. During construction, all reason- ing vegetation permitted to be re- able steps necessary to prevent the de- moved. The representative shall be struction or damaging of protected vege- on-site at all times during the vege- tationshall betaken. Protected vegetation Cation clearing operations. destroyed or receiving major damage must be replaced by vegetation of equal envi- (iii) Protection of large areas of vegeta- ronmental value, as specified by the de- tion. When the circumference of an partment of public services, before occu- ~ area of vegetation to be preserved is panty or use unless approval for their more than two hundred (200) linear removal has been granted under permit. .feet, the areas to be preserved shall be protected during land alteration (b) Filling and construction debris. During and construction activities by pla~- construction, unless otherwise authorized ing 2 x 2 wood stakes a maximum of by the vegetation removal permit, no ex- twenty (20) feet apart around the cess soil, additional fill, equipment, liq- perimeter of the axea of vegetation, aids, or construction debris, shall be placed and tying ribbon, survey flagging, within the drip Iine of any vegetation that rope, etc., from stake to stake along is required to be preserved in its present the perimeter of such areas to be location. preserved. Sapp. No. 22 2377 § 36-38.1 NORTH. PALM BEACH CODE `z (iv) Protection of small areas of vegeta- nurseries and botanical gardens shall be tion. When the circumferences of an exempt from the terms and provisions of area of protected vegetation is less this section, lint only in relation to those than two hundred (200) lineal feet, a planta'which are planted and growing for protective barrier shall be placed the -sale or intended sale to the general around the groups of trees and public in the ordinary course of business understory that is indicated to re- or for some public purpose. main. The barrier shall not be less (c) Fee exceptions. The following types of trees than. three (3) feet in height, shall shall be exempt from the. provisions of limit access to the protected area, this section relating to permit fees, and no and shall be composed of wood, metal fees shall be charged for the removal of or other suitable materials which this vegetation. The department of public insure compliance with the intent of services shall provide guidance to any the code [this section]. The barrier individual in doubt as to the identity of shall be highlighted with strips of any particular vegetation. Those trees eg- survey flagging placed no more than empt are: five (5) feet on center. The provided barrier shall not harm the protected (i) Melaleuca quinquenervia (cajaput or vegetation through construction or paperbark or punk tree). any other means. (ii) Casuarina spp. (Australian pine). (v) Protection of individual trees. When (iii) Schinus terebinthifolaus (Brazilian the retention of single trees is re- pepper or Florida holly). quired by this code [section], apro- (iv) Bischofia , jauanica (toog or ~- tectivebarrier shall be placed around bishopwood tree). ~ the tree at a distance from the trunk (v) Trees which are no longer viable. -~• of six (6) feet or two-thirds of the drip line, whichever is greater, of a Trees which are required to be re- hardwood tree, and six (6) feet from moved by law. the trunk or at the drip line, which- (6) Fees. The charge for the implementation of ever is greater, for a softwood tree, or this section shall be two hundred dollars ($200.00) as otherwise determined by the de- per acre or fraction thereof, partment of public services. (Ord. No. 15-90, § 7, 6-28-90; Ord. No. 06-2001, § 6, 3-22-01) (5) Exceptions. (a) Vegetation endangering health, safety or See. 36-39. Violation misdemeanor. property. In the event that any vegetation ~Y Person who shall sell any lot, or lay out, shall endanger health, safety or property, construct, open or dedicate any street, sanitary .and require immediate removal without sewer, storm sewer, water main or drainage struc- delay, after observation and. the taking of tore without having first complied with the pro- a photograph of the subject vegetation, visions of these •regulations, or [who] otherwise verbal authorization may be given by the violates this ordinance, shall be guilty of a misde- director of public services and the vegeta- meanor. Each day that the violation- continues tion removed without obtaining a written shall constitute a separate violation. permit as herein required. Such verbal authorization shall. subsequently be con- ARTICLE VI. AMENDMENTS firmed in writing by the department of public services. [Sec. 36-39.1. Public hearing required.] (b) Plant nurseries and botanical gardens. This ordinance may be amended by the village - All state-approved and governmental plant council., provided, however, that no amendments a.. Su . No. 22 Pp 2378 i I 1 ' i _ APPEND]X B-SUBDIVISIONS § 36-42 1; shall become effective until a public hearing by substantially changed or amended after the effec- the planning commission has been held. Public tive date of this ordinance except to conform with notice regarding the time, place and date of the the regulations established herein. hearing shall be published in accordance with F.S. chapter 163, as amended. ARTICLE VII. LEGAL STATUS Sec. 36-40. Saving clause. If any section, part of a section, paragraph, sentence, clause, phrase or word of this ordinance is, for any reason, held or declared to be uncon- stitutional, inoperative or void, such holding of invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the legislative intent to pass the re- mainder of the ordinance, after the exclusion of such part or parts; [and it] shall be deemed to be held valid as if such part or parts had not been included therein, or if this ordinance or any of the provisions thereof shall be held inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability hereof to any other person, property or circum- stances. Sec. 36-41. Conflicting regulations. This ordinance shall not be construed to have the effect of repealing any existing ordinance concerning the subject matter of this ordinance, but the regulations established herein shall be supplemental and cumulative. However, in the case of direct conflict with a provision or provi- sions of any existing ordinance, the provision which is more restrictive and imposes higher standards or requirements shall govern. Sec. 36-42. Effective date. This ordinance shall take effect immediately upon adoption. Subdivisions for which prelimi- nary or final plans or plats have been approved prior to the effective date may be developed and completed according to the preexisting require- mentsfor subdivisions. However, preliminary plans or final plats which have been approved prior to the effective date of this ordinance shall not be [The next page is 2479] Supp. No. 22 2379 A i '-.:�. APPENDIX C-ZONING § 45-20 tion, child care facility, family day care (5) 1Vfeasurement of distance. The distance from home or community residential home, a proposed or existing adult entertainment estab- within two hundred (200) feet of an area lishment to apre-existing adult entertainment zoned for residential use, within two hun- establishment, apre-existing religious institu- dred (200) feet of an area designated as Lion, to Zoning District P, public district, apre- residential on the future land use map of existing religious institution, apre-existing edu- the village's comprehensive plan, within cational institution, child care facility, family day five hundred (500) feet of a park, or within care home or community residential home, an two thousand (2,000) feet of another adult area zoned for residential use, an area designated entertainment establishment. on the future land use map of the comprehensive plan as residential, apre-existing residence, a (b) In addition to the distance requirements pre-existing park or apre-existing .commercial set forth in subsection (a), an adult enter- establishment that sells or dispenses alcohol shall tainment establishment shall not be al- be measured by drawing `a straight line between lowed to open, exist or do business :any- the closest lot lines of the proposed or existing where except in the C-1 and C-2 zoning adult entertainment establishment and the pre- district where adult entertainment estab- existing adult entertainment establishment, pre- lishments are an expressly permitted use existing religious institution, Zoning District P, subject to review by the village director of public district, pre- religious institution, apre- public services for conformance with the existing educational institution, child care facil- requirements of the village's land devel- ity, family day care home or community residen- opment regulations. tial home, an area zoned for residential use, a (c) The distance requirements of subsection pre-existing residence, apre-existing park or a (a) are independent of and do not super- pre-existing commercial establishment that sells 1 cede the distance requirements for alto- or dispenses alcohol that is located outside the holic beverage establishments which may incorporated limits of the Village of North Palm be contained in other laws, rules, ordi- Beach. This provision is intended to prevent within nances, or regulations. the Village of North Palm Beach the adverse impacts and secondary effects created by the (d) No religious institution, educational insti- concentration of adult entertainment establish- tution, child care facility, family day care ments and the placement of such establishments home, community residential home, park in close proximity to the other specified uses, or commercial establishment that sells or whether the other specified uses are located within dispenses alcohol for consumption on pre- or without the incorporated limits of Village of wises (other than establishments set forth North Palm Beach. in paragraph 4(e)) shall locate and oper- atewithin the distance requirements from (6) No variance. There shall be no variance to such establishments and facilities oper- the distance requirements of this section. ated and licensed for adult entertainment (7) Nonconforming uses. If any nonconforming establishments. adult business ceases to do business fora tontin- (e) The distance restrictions set forth in this uous period of ninety (90) days, it shall be deemed paragraph (4) shall not apply to any bona- abandoned and shall not thereafter reopen except fide restaurant operating under a Florida in conformance with these regulations. 4-COP-SRX license as a restaurant with (g) Supplemental administrative requirements. full kitchen facilities and fifty-one (51) percent or more of gross sales being de- (a) Rules of construction. This section shall rived from the sale of food and non- be liberally construed to accomplish its alcoholic beverages. Alcoholic beverages purpose of regulating and dispersing adult are to be served only when the restaurant entertainment establishments and re- fs open for sale and service of food. lated activities. Supp. No. 23 2486.2.1 § 45-20 NORTH PALM BEACH CODE (b) Development design and improvement stern- are available to be sold, dispensed, consumed, Bards. The staff shall compare the official possessed, or offered for sale- or consumption on plans of the building department and of- the premises. The penalty for violation of this ficial zoning map against the plan submit- subsection (9) shall be revocation of occupational ted. license issued by the village. ~ (c) All adult materials shall be located and (10) Disclosure of names aliases and dates of the activities of employees which include birth of employees. Owners and, operators of all the exposure of specified anatomical ar- adult entertainment establishments in the village eas shall take place within the adult busi- shall disclose to the village the names, aliases and ness premises. dates of birth of all employees in their respective (d) No adult materials or activities of employ- establishments. Such information shall be fur- ees which include the exposure of speci- Wished the village in writing prior to issuance or fled anatomical areas shall be visible from renewal of an occupational license of the village the exterior of the adult business pre- and .at such. other times as requested by village raises in any way including, but not lira- officials.. The failure to make such disclosure shall ited to, exterior apertures such as opened result in either the loss of occupational license or doors and unobscured windows. the failure of the village :to issue a new occupa- tional license or renewal thereof. (e) No merchandise, advertising or depic- tions of the activities of an adult business (11) Enforcement. The provisions of this Code shall be displayed on the exterior of the may be enforced by: adult business premises or in any location (a) A suit brought by the village council in the -where they are visible from public right- Circuit Court 'of Palm • Beach County to of-way. restrain, enjoin, or prevent a violation of (fj No-adult business shall display a sign: this Code; and f (1) Advertising the presentation of any (b) Enforcement proceedings by the village's activity prohibited• by Florida Stat- code enforcement board; and ute law or any applicable village ordinance; or _ (c) Criminal prosecution; and (2) Capable of leading a reasonable per- (d) ,Any and all other legal `proceedings and son to believe that the establishment remedies ~ndailable to the village as pro- engages in an activity prohibited by vided by law. Florida Statute law or any applica- (Ord. No. 22=95, § 1, 7-17-95; -Ord. No. 37-95, ble village ordinance. 1-8,12-14-95; Ord. No. 6-96, § 1,1-25-96; Ord. No. 17-98, § 1, 8-13-98; Ord. No. 02-2002, § 1, (3) Containing any flashing lights, pho- 2-14-02) tographs, silhouettes, drawings or pictorial representations of any man- Sec. 45-21. Telecommunications antenna and ner (except for the logo of the estab- antenna towers. lishment, provided the logo shall not contain. any specified anatomical ar- Antenna and/or antenna towers owned and eas, or any male ors female forms at operated subject to provisions of the Telecommu- or below the clavicle). nications Act of 1996 may be located and con- (9) Display or exposure of specified anatomical structed in accordance with the following provi- area. It shall be unlawful for any person to sions: display or expose any specified anatomical area to (1) a. The village planning commission will others, regardless of whether such person is ac- consider, in accordance. with article tually engaging in dancing, in any commercial III of chapter 6 of the village code of i establishment where alcoholic beverages are, or ordinances, applications for telecom- Supp. No. 23 2486.2.2 _ _ APPENDIX C-ZONING § 45-21 communication antenna and/or an- tower installation. If an antenna or tenna towers which are attached to, antenna tower cannot be located on or replace existing structures pro- any existing structure without un- vided the overall height of the an- reasonably compromising the an- tenna and/or tower does not extend tenna tower's signal reception or more than twenty (20) feet above the transmission capability or unreason- existing structure. ably compromise the communication b. In approving a tower or antenna system's capability, the village coun- location, the planning commission cil will next consider, in the follow- shall consider the attachment to or ing order of preference, alternative replacement of existing structures properties and zoning districts. which will result in the least visa- 1. C-2, general commercial dis- ally offensive installation to be the trict most preferred location for such in- 2. COS, conservation and open stallations. Such structures may in- space district elude but are not limited to highrise residential or commercial buildings, 3. P, public district sports lighting poles, existing an- 4. C-1, neighborhood commercial tenna towers and/or public utility district or C-3 regional busi- structures. ness district (2) New free standing towers/antenna loca- 5. CA, CS, or C1A, restricted or tions and new tower/antenna locations limited commercial district which do not conform to section 45-1 of 6. R3, apartment dwelling district this article may only be allowed by special ~ exception granted by the village council Alternative properties and zoning dis- subject to the following criteria: tricts may only be considered after it has been demonstrated that an an- a. The village council shall consider tenna tower cannot be located on when evaluating whether to approve any higher preferred property or zon- an antenna/tower location whether ing district. there is .suitable and reasonably avail- The village council shall act to ap- ablepublic or private property which prove the tower/antenna location by would physically accommodate the special exception. Upon the granting tower or antenna without unreason- of a special exception for location, ably compromising the antenna's sig- the application will be remanded to nal reception or transmitting capa- the village planning commission for bility or unreasonably compromise approval in accordance with article the communication system capabil- III of chapter 6 of the village code of ity, and without negatively impact- ordinances. ing the aesthetics of the tower. b. New free standing tower/antenna lo- c. In no case may atower/antenna in- cations and new tower/antenna loca- stallation height exceed more than tions will be considered only after twenty (20) feet above the maximum the applicant for an antenna or an- height allowed by this code. tenna tower has to the fullest extent (3) Any applicant requesting antenna tower practicable, demonstrated to the vil- location approval is required to accommo- lage council that all existing struc- date antenna facilities of other providers tares either will not accommodate (co-location), on a nondiscriminating ba- an antenna installation or are not sis, to avoid duplication of the erection of available for an antenna or antenna such towers or provide verifiable objective Sapp. No. 27 2486.2.3 § 45-21 NORTH PALM BEACH CODE data, why it cannot do so. Moreover, it will setback from the dune line and the highwater line - be presumed that if a proposed site is shall be to the closest edge of any building to be within one-half mile of an existing an- constructed on the Atlantic oceanfront. tenna tower that can reasonably accom- (Ord. No. 23-72, § 1) modate the applicant's antenna, a denial of the application. would not result in an unreasonable compromise to the applicant's Secs. 45-23-45-26. Reserved. communication system capability or an unreasonable compromise to the antenna ARTICLE III. DISTRICT REGULATIONS* tower's reception. or transmission capabil- ity. Sec. 45-27. R-1 single-family dwelling dis- (4) The applicant must to the fullest extent trict. practicable, demonstrate to the village A. Uses permitted. Within any R-1 single- that the antenna tower and accessory family dwelling district no building, structure, equipment buildings will be screened from land or water shall be used except for one (1) or view by architectural features, landscap- more of the following uses: ing, existing natural vegetation, or will be aesthetically designed to blend into and 1. Single-family dwellings with accessory harmonize with the area or location Sur- buildings customarily incident thereto. rounding the antenna or antenna tower 2. Public schools. site in accordance with the village of North Palm Beach Appearance Plan. 3. Parks and recreation facilities owned or (5) Antenna or antenna towers shall not be leased by or operated under the supervi- sion of the Village of North Palm Beach. v artificially lighted except as required for ~ public safety purposes, or by the Federal 4. Detached fence storage areas. .- Aviation Administration (FAA). Signage 5 Satellite dish antenna. shall not be allowed except as required for public safety purposes, or by the Federal 6. Community residential homes. Commu- Communications Commission (FCC). pity residential homes of six (6) or fewer (6) To the extent not in conflict with the residents which otherwise meet the defi- nition of a community residential home, provisions described above, any proposed provided that such homes shall not be antenna or tower or accessory equipment located within a radius of one thousand building will be subject to all applicable (1,000) feet of another existing such home village codes and regulations. with six (6) or fewer residents. (Ord. No. 12-97, § 1, 2-27-97) Editor's note-section 45-21, relative to oceanfront land 7. Family day care home. in the R-1 district, has been repealed by Ord. No. 4-82, § 1, enacted Jan. 28, 1982. The former section did not bear a 8. Lamp post. history note. subsequently, Ord. No. 12-97, § 1, adopted Feb. 27, 1997 added new provisions pertaining to telecommunica- 9. Decorative post structure. tions antenna and ante~a towers as herein set out. B. Building height regulations. No main build- Sec. 45-22. Oceanfront land-Ocean setback. uig shall exceed two (2) stories in height and no accessory building more than one (1) story. There shall be a building setback line of not C. Building site area regulations. The mini- less than fifty (50) feet from the dune. line, or one mum lot or building site area for each single- hundred (100) feet from the highwater line, which- family dwelling shall be seven thousand five ever distance is greater, for all. property bordering on the Atlantic Ocean. The measurement of the *Cross reference-Home occupations, § 17-2. ~- _ Sapp. No. 27 2486.2.4 I i APPENDIX C-ZONING § 45-28 hundred (7,500) square feet and have a width of not less than seventy-five (75) feet, measured at the building line. D. Yard space regulations. 1. Front yard. There shall be a front yard of not less than twenty-five (25) feet mea- sured from the street line to the front building line. 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured from the rear building line to the rear lot line. 3. Side yards. There shall be a side .yard on each side of the side building line of not less than ten (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. (a) For a distance of one block on streets intersecting U.S. #1, .measured from the right-of--way line of said U.S. #1, side yards of at least twenty-five (25) feet in depth shall be provided. E. Off street parking regulations. At least one parking space of at least two hundred (200) square feet shall be provided. All parking spaces shall consist of a durable surfaced area as approved by the public services director, enclosed in the dwell- ing, in an accessory building or in an unenclosed area, exclusive of the driveway, connecting the parking space to the street. All vehicles parking on a lot must be parked on a durable surface. (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. No. 17-90, § 2, 6-28-90; Ord. No. 29-95, § 2, 9-28-95; Ord. No. 23-2003, § 5, 9-11-03) Sec. 45-28. R-2 multiple-family dwelling dis- trict. A. Uses permitted. Within any R-2 multiple- family dwelling district, no building structure, land or water shall be used, except for one (1) or more of the following uses: 1. Any use permitted in the R-1 single- family dwelling district. Supp. No. 27 2486.3 . L APPENDIX C-ZONING § 45-36 other than the applicant owns two (2) feet in height, by means or leases any property, includ- of one (1) or more planter boxes ing any sidewalk or other pub- and other plant container, by lic passageway, upon [which] means of some other approved the outdoor seating would be divider, or any combination of located. such means, but not including c. Photographs, renderings, or tables, chairs or other seating. samples showing the style and f. Outdoor seating areas may only color of all furnishings, fencing, contain tables, chairs, umbrel- screening, or dividing material las and/or awnings and required to be used for or in conjunction fencing or screening materials. with the outdoor seating. All such equipment shall be (3) Conditions of outdoor seating. Out- compatible in color and style door seating shall comply at all times with the exterior of the build- with the following conditions: ing and shall not contain or have affixed to it any sign, Let- a. Outdoor seating shall be ar- te~ng or advertising of any kind. ranged, when in use, in a man- ner that allows a pedestrian g• Outdoor seating shall be main- walkway in compliance with ap- tained in a secure manner, plicable building codes and fire whenever the food service es- codes. tablishment is closed to the pub- lic. b. Outdoor seating located on a pedestrian walkway which pro- h. Establishments with outdoor ~ seatin with food and bevera e vides access to more than one g g (1) occupant of a building, as in service shall meet all health a shopping center, shall be ar- code and other applicable code ranged, when in use, in a man- requirements of restaurants. ner that maintains a passage of i. Any permanent or temporary not less than five (5) feet in structures associated with out- width. door seating, including, but not c. Outdoor seating of an applicant limited to, awnings and cov- shallnot belocated on any side- ered roofs shall not encroach walk, passageway, or other prop- into the required building set- erty adj acent to any other busi- back areas. Tables, chairs, um- ness. brellas, fencing, screening and d. Outdoor seating shall not oc- dividing materials shall not be located closer to the property cupy any area designated for line than two-thirds (2/s) of the parking. required front, side or rear build- e. Outdoor seating which is used ing setback. for the service and sale of food or beverages of any kind within (4) Limitations on use. Except for out- the outdoor seating area, shall door seating located in an inner court: be physically separated and vi- a. All sales and service of food and sually distinct from any imme- beverages in an outdoor seat- diatelyadjacent public passage- ing area are prohibited between way or walkway by means of the hours of 10:30 p.m. and approved fencing or screening 7:00 a.m., Sunday through material which is not less than Thursday, and between the Supp. No. 30 2512.3 i § 45-36 NORTH PALM BEACH CODE hours of 11:00 p.m. and 7:00 Cultural resource. Asite, object, structure, build- ~ a.m., Friday through Saturday. ing or district listed in the Village's register of b. Outdoor seating areas shall be historic sites. in compliance with the village's Demolition. The tearing down or razing of noise regulations. twenty-five (25) percent or more of a structure's external walls. (5) General requirements. Outdoor seat- ing which increases the total nom- District. A geographically definable area pos- ber of seats available at a food set- sessing a significant concentration, linkage, or vice establishment shall be considered continuity of sites, buildings, structures, objects, an expansion of use. Such outdoor or areas, which. are united historically or aesthet- seating shall. be included in any cal- ically by plan or physical development. A district culation of the total number of seats may be comprised of individual resources which provided by the food service estab- are separated geographically but are linked by lishment but not limited to parking, association or history. restroom facilities and occupational Object. A material thing of functional, aes- license fees. thetic, cultural, historical or scientific value that (Ord. No. 209-70, § l; Ord. No. 2-71, § 1; Ord. No. maybe, by nature of design, movable, yet related 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. 11-75, § 1, to a specific setting or environment. 9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. Ordinary maintenance. Work which does not 21-90, § 2, 6-28-90; Ord. No: 7-91, § 1, 3-14-91; require a construction permit and that is done to Ord. No. 20-95, § 1, 7-27-95; Ord. No. 34-96, § 1, repair damage or to prevent deterioration or 8-22-96; Ord. No. 3-97, § 1, 1-9-97; Ord. No. 12-97, decay of a building or structure or part thereof as ~ 3, 4, 2-27-97; Ord. No. 2-98, § 1, 1-8-98; Ord. nearly as practicable to its condition prior to the No. 6-99, § 1, 1-28-99; Ord. No. 03-2002, § 1, 2, damage, deterioration, or decay. i' 2-14-02; Ord. No. 04-2005, § 1, 2-10-05) Original appearance. That appearance {except for color) which, to the satisfaction of the village Sec. 45-37. Historic site overlay district. council, closely resembles the appearances of ei- ther: A. Purpose. The historic site overlay district is (1) The feature on the building as it was used to impose special development restrictions originally built or was likely to have been on identified areas. The locations of this overlay built, or district are established by the Village based on the need for special protective measures at those (2) The feature on the building as it presently locations... The historic site overlay district im- exists so long as the present appearance poses different standards than those that would is appropriate, in the opinion of the vil- otherwise apply. lage council, to the style and materials of the building. B. Definitions. [For purposes of this section, C. Creation of local register of historic sites. A the following words shall have the meaning as- local register of historic sites is hereby created as ' cribed to them in this subsection:] a means of identifying and classifying various Building. A structure created to shelter any sites, buildings, structures, objects and districts as historic and/or architecturally significant. The form of human activity. This may refer to a house, local register will be kept by the director of public barn, garage, church, hotel, or similar structure. Buildings may refer to a historically or architec- services. totally related complex, such as municipal build- D. Initiation of placement on local register. ings, or a house and barn. Parking lots and Placement of sites, buildings, structures, objects garages are hereby deemed to be "buildings." or districts on the local register may be initiated Supp. No. 30 2512.4 - APPENDIX C-ZONING § 45-37 i by the village council. In addition, placement may listing on the local register. The recom- be initiated by the owner of the site, building, mendation shall also include any owner's structure, object or area; or, in the case of a objection to the listing. If the nomination district, by the owner of a site, building, strut- is of a district, the recommendation shall tore, object or area within the proposed district. also clearly specify, through the use of By adoption of this ordinance, those sites within maps, lists or other means, those build- the Village of North Palm Beach that have been ings, objects or structures which are clas- classified as a "Florida historic site" by the Divi- sifted as contributing to the historical Sion of Archives, History and Records Manage- significance of the district. went, Florida Department of State, are hereby placed on the local register. 5. Upon receipt of the recommendation from E. Placement on local register. The following the planning commission to the village procedure shall be followed for placement of sites, council, the nomination shall be placed on buildings, structures, objects, areas and districts the agenda of the next regularly sched- on the local register: uled workshop of the village council. 1. A nomination form, available from the department of public services; shall be 6. Following the village council workshop completed by the applicant and returned consideration, adequate notice of the vil- to the department. loge council's consideration of the nomi- 2. Upon receipt of a completed nomination nation at a public meeting shall be pro- form, including necessary documentation, vided to the public at large (advertisement the director shall place the nomination on for public hearing), and to the owner(s) of the agenda of the next regularly sched- the nominated property or properties, at ~ uled meeting of the village planning tom- least fifteen (15) days in advance of the mission. If the next regularly scheduled meeting at which the nomination will be meeting of the planning commission is too considered by the council. close at hand to allow for the required notice to be given, the nomination shall be 7. The village council shall, within ninety placed on the agenda of the succeeding (90) days from the date of the meeting at regularly scheduled meeting. which nomination is first on the council's agenda, review the nomination and vote 3. Adequate notice of the planning to accept or reject the nomination. The commission's consideration of the nomina- decision shall include specific findings and tion shall be provided to the public at conclusions as to why this nomination large, and to the owner(s) of the nomi- does or does not meet the appropriate noted property(ies), at least fifteen (15) criteria for listing on the local register. days in advance of the meeting at which The decision shall also include any owner's the nomination will be considered by the objection to the listing. If the nomination council. is of a district, the decision shall also 4. The planning commission shall, within clearly specify, through the use of maps, thirty (30) days from the date of the lists, or other means, those grounds, build- meeting at which the nomination is first ings, objects or structures which are clas- on the planning commission agenda, re- sifted as contributing to the historical view the nomination and write a recom- significance of the district. The nomina- mendation thereon for consideration by tion form and the council's recommenda- the village council. The recommendation tion shall be sent to the planning commis- shall include specific findings and conclu- Sion. The nomination shall then be handled sions as to why the nomination does or as any other rezoning/amendment to the does not meet the appropriate criteria for land use element. i Supp. No. 23 2512.5 § 45-37 NORTH PALM BEACH CODE F. Criteria for listing on local register. G. Effect of listing on local register. 1. A site, building or district must meet the 1. The department may issue an official cer- following criteria before it may [be] listed tificate of historic significance to the owner on the local register: of properties listed individually on the local register or judged a`s contributing to a. The site, building or district pos- the character of a district listed on the sesses integrity of location, design local register. The director of public ser- setting,materials, workmanship, feel- vices is authorized to issue and place ing and association; and official signs denoting the. geographic b. The site, building or district is asso- boundaries of each district listed on the ciated with. events that are signifi- local register. cant to local, state or national his- 2. Structures and buildings-listed individu- ' tort'; or the district site, building, ally on the local register or judged as ~ structure or object embodies the dis- contributing to the character of a district tinctive characteristics of a type, pe- listed on the local register shall be deemed riod or method of construction, or historic and entitled to_modified enforce- represents the work of a master, or ment of the .Standard Building Code as possesses high artistic values, or rep- provided by Chapter 1, section 101.5 of .resents a significant and distinguish- the Standard Building Code Congress In- -able entity whose components may ternational, Inc. lack individual distinction. 3. No demolition, alteration, relocation or 2. A site or building located in a local regis- construction activities may take place ea- ter of historic sites district shall be desig- cept as provided. below. . nated as contributing to that district if it H. Certificate of appropriateness. ~L.~ meets the following criteria: 1. When required. a. The property is one which, by its a. A certificate of appropriateness must location, design, setting, materials, be obtained from the planning com- workmanship, feeling .:and associa- mission before making~certain alter- tion adds to the district's sense of ations,:described below as regulated tune and place and historical devel- work items, contributing structures opment. and structures listed individually on b. A property should not be considered the local register. contributing if the property's integ- b. For each of the regulated work items rift' of location, design, setting, ma- listed below, the following applies. terials, workmanship, feeling and as- i. Ordinary maintenance. If the sociation:'have been so altered that work constitutes "ordinary the overall integrity of the property maintenance" as defined in this has been irretrievably lost. code, the work may be done c. Structures that have been built within without a certificate of appro- the past fifty (50) years shall not be priateness. considered to contribute to the sig- ii. Staff approval. If the work is nificance of a district, unless a strong not "ordinary maintenance," but justification concerning their histor- will result in the "original ap- ical or architectural merit is given or pearance" as defined in this the historical attributes of the dis- code, the certificate of appropri- trict are considered to be less than ateness may be issued by the fifty (50) years old. director of public services. Supp. No. 23 2512.6 ~ . ~ f -- - - APPENDIX C-ZONING § 45-37 r iii. Planning commission approval. case shall permission to install If the work is not "ordinary such grilles be completely de- maintenance" and will not re- Hied. salt in the "original appear- xii. Installation of new exterior sid- ance, a certificate of appropri- ing materials, or removal of ex- ateness must be obtained from fisting exterior siding materi- the planning commission be- als. fore the work may be done. xiii. Installation or removal of exte- c. The following are regulated work rior skylights. items: xiv Installation of exterior screen i. Installation or removal of metal windows or exterior screen awnings or metal canopies. doors. ii. Installation of all decks above xv Installation of an exterior win- the first-floor level and/or on dow or window frame or the the front of the structure. infill of an existing exterior win- dow opening. iii. Installation of an exterior door d. A certificate of appropriateness must or door frame, or the infill of an be obtained from the planning com- existing exterior door opening. mission to erect a new building or iv Installation or removal of any parking lot within a district listed on exterior wall, including the en- the local register. closure of any porch or other e. Acertificate of appropriateness must outdoor area with any material be obtained from the planning com- 1 other than insect screening. ~s_ v The installation or relocation of wood, chain-link, masonry (gar- denwalls) orwrought iron fenc- ing, or the removal of masonry (garden walls) or wrought iron fencing. vi. The installation or removal of all fire escapes, exterior stairs or ramps for the handicapped. vii. Painting unpainted masonry in- cluding stone, brick, terra-cotta and concrete. viii. Installation or removal of rail- ings or other wood, wrought iron or masonry detailing. ix. Abrasive cleaning of exterior walls. x. Installation of new roofing ma- terials, or removal of existing roofing materials. xi. Installation or removal of secu- rity grilles, except that in no Sapp. No. 23 2512.7 ,~.-~. ~ I ~ 1 i _ . j - .-_ -. 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 ch. 177 App. B, Art. I, 1.01 et seq. 1-2 § 36-2 ch. 22F App. B, Art. II, App. B, Art. II, § 36-10 § 36-8 ch. 39 App. C, § 45-2 App. B, Art. II, Ch. 50 2-181 § 36-15 50.041 2-181 App. B, Art. 1V, 50.051 2-181 § 36-27 55.03 29-5(a) ch. 185 2-167 ch. 98 Ch. 10 185.08 26-16 ch. 101 10-7 202.195 29-8(m) 101.657 10-13 203.012 26-51,29-3 112.181 2-161(e)(9) 29-5(b) 161.55(1)(d) 6-156 203.012(5)(b) 26-51 161.041 6-153 ch, 205 Ch. 17, Art. II 161.053 6-154 205.043(2), 162.12(2) 2-180 205.043(3) 17-24, 17-25 ch. 163 12.5-1 205.053 17-20 21-1 205.192 17-22 ~ 21-11 210.03 17-33 21-43, 21-44 ch. 212 26-53 App. B, Art. I, ch. 252 Ch. 8 § 36-2, App. B, Art. 8-4(a)(2) I, § 36-4 252.38 et seq. 8-6 App. B, Art. II, 253.125 7-19 § 36-16 280.02 2-4(f1 App. B, Art. VI Gh. 316 18-20 163.01 2-4(f7 316.008 Ch. 18 163.161 et seq. 21-O1 316.272 19-117 ch. 163.170, App. B, Art. II, 316.293 19-117 §163.3164(17) § 36-10 316.1955,316.1956 18-37 163.225(3)(a)--(c) 5-86 320.01(1) 14-37 163.295 6-150 ch. 327 Ch.5 163.3161 et seq. Ch. 21, Art. II 327.02 5-33 163.3177 21-44 335.065 App. B, Art. IV, 163.3178 6-155 § 36-29.1 21-44 337.29 29-2 ch. 166 6-16 337.401 29-2, 29-3 Ch. 24 29-5(a), (e) Ord. No. 2478 § 3 29-6(a) 166.021 Gh. 17, Art. II 337.401(3) 28-3 166.221 17-34 337.403, 337.404 29-7 166.231 Ch. 26, Art. III 342.03 Ch. 5 ch. 170 21-2 362.01 29-2 170.01 Ch. 24 364.02 29-3 ch. 175 2-167 ch. 373 19-200 175.101 26-17 ch. 380 21-44 Supp. No. 32 2819 NORTH PALM BEACH CODE Section Section this Cocle App. B, Art. II, § 36-10 380.04 21-103 393 App. C, § 45-2 ch. 394 App. C; § 45-2 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, Art. I, § 36-6 ch. 480 ~ App. C, § 45-2 ch. 495 1-10 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 2-169(f) 794.011 19-31 800.04 19-31 827.071 19-31 ch. 847 App. C, § 45-20 847.0145 19-31 870.041 8-21 870.44 8-22 870.45 8-22 872.05 2-104 943.14 2-159 943.25(13) 1-9 Supp. No. 32 2820 LThe next page is 2869] I j i i - s,. CODE COMPARATIVE TABLE i Adoption Section Ord. No. Date Section this Code 14-2003 5- 8-03 1 Added 18-20 23-2003 9-11-03 1 15-2(307.4) 2 Added 15-2(101.3.4) 3 24-43(a)(1), (c) 4 Rpld 24-45 5 45-27.E. 25-2003 9-25-03 1 6-17 26-2003 9-25-03 1 19-213 27-2003 9- 9-03 1 5-84(6), (8), (10) 2 Rpld 5-72 28-2003 10- 9-03 1 26-29 2 26-30 3 26-31 29-2003 10-23-03 1 17-33 35-2003 12-11-03 1 2-148(a) 2 2-158(b) 3 2-158(c) 02-2004 1-22-04 1 4-27(b) 03-2004 2-26-04 1 18-20(a) 06-2004 4- 8-04 1-7 Added 2-51-2-57 14-2004 7- 8-04 1-3 App. C, § 45-34 16-2004 7-22-04 1 Added 2-148(g) 2 Dltd 2-158(d)(4) 17-2004 7-22-04 1 19-211 18-2004 7-22-04 1 Added 5-102-5-106 19-2004 7-22-04 1 21-21(h) ~ 21-2004 8-12-04 1, 2 25-3, 25-4 23-2004 8-12-04 1 20-66(a) 27-2004 10-14-04 1, 2 Rpld 10-11, 10-12 29-2004 10-28-04 1 36-23 36-2004 12- 9-04 1, 2 2-115, 2-116 01-2005 1-27-05 1 2-52 02-2005 1-27-05 1 Added 10-13 03-2005 2-10-05 1 2-26 04-2005 2-10-05 1 App. C, § 45-36 F. 07-2005 5-26-05 1 18-34 08-2005 5-26-05 1 2-156 12-2005 7-14-05 1 19-120 15-2005 7-14-05 1, 2 18-34(c), (d) 21-2005 9-22-05 1 2-76 22-2005 8-30-05 1 2-85 2 2-110 23-2005 9-22-05 1 Added 6-118 24-2005 9-22-05 2 Rnbd 17-2 as 17-3 1 Added 17-2 25-2005 9- 8-05 1, 2 2-146 3 2-158.1 26-2005 9-22-05 1 Added 19-31 27-2005 9-29-05 1,2 2-146 3 2-158.1 2006-O1 1-26-06 3 Rnbd 5-16-5-25 - as 5-17-5-26 1 Added 5-16 2 5-18 2006-04 3-23-06 1 2-164(a), (b) 2006-05 4-13-06 1 App. C, § 45-35.1 I. Supp. No. 32 2889 NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code 2006-06 4-13-06 1 App. C, § 45.32 A. 2006-07 5-25-06 2 2-164(a) 3 Rpld 2-164(b) Rnbd 2-164(c)--(e) as (b)--(d) 2006-08 6- 8-06 1 5-33 2 5-35 3 Added 5-38 2006-09 6-22-06 1 5-103(b) 2006-13 8-10-06 1,2 Added 12-17 2006-14 7-27-06 1 2-151(a) ~ ~ t Supp. No. 32 2890 [The next page is 2933] I CODE INDEX Section Section A ALARMS (Cont'd.) ABANDONMENT Exemptions 19-218 Abandoned, inoperative and junked prop- False alarms Excessive false alarms declared public erty 14-37 et seq. nuisance........................ 19-212 See: GARBAGE AND TRASH Service charge; collection 19-213 Boats Fire division equipment; fire alarm system 12-53 Boat launching area; abandoned boats Identification required 19-215 and equipment 5-36, 5-37 System standards....................... 19-219 Generally 5-8 Telephone trunk lines Dogs, other animals 4-10 Interference with public safety depart- ACTS BY AGENTS went telephone trunk lines prohib- Definitions and rules of construction 1-2 ited 19-215 Violation and penalty . . . . 19-214 ADMINISTRATIVE CODE Audit committee 2-56 et seq. ALCOHOLIC BEVERAGES See: AUDITS ~ Consumption on playgrounds and public Bonds required of certain officers 2-42 parks 3-3 Definition 2-39 Nudity, partial nudity, sexual conduct; pro- Departmental organization 2-40 hibited at alcoholic beverage estab- Oaths of office lishments 3-4 Chief administrator and officers, form of Sales restricted; hours of sale 3-2 oath 2-41(b) State law defmitions adopted............ 3-1 Members of department of public safety, Zoning form of oath 2-41(c) Location of business for retail sales of Persons required to take oath of office . 2-41(a) alcoholic beverages 45-20(2), Policy and procedures 45-36.N Department heads 2-43(b) C-3 Regional Business District...... 45-34.1(9) Departments 2-43(c) AMBULANCES Officers 2-43(a) Definition 17-50 ADULT ENTERTAINMENT ESTABLISH- Unlawful operation 17-51 MENTS AMUSEMENTSANDAMUSEMENTPLAOES Zoning regulations re. See: ZONING (Ap- pendix C) Coin-operated amusements; proximity to schools restricted 19-4 ADVERTISING Handbills; distribution restricted......... 19-7 AND, OR Noise control policy re loudspeakers and Definitions and rules of construction 1-2 devices for advertising 19-105 ANIMALS AND FOWL Signs and outdoor displays 6-110 et seq. Abandoning 4-10 See: SIGNS AND BILLBOARDS Birds AFFIDAVITS Molesting songbirds 4-9 Home occupations; occupational licenses Village designated bird sanctuary; hunt- Affidavit of applicant required......... 17-3(e) ing Prohibited 4-2 Cats. See herein: Dogs and Cats AFFIRMATION. See: OATH,AFFIRMATION, Code enforcement board, applicability re.. 2-173 SWEAR OR SWORN Contagious diseases, animals with 4-11 AGREEMENTS. See: CONTRACTS .AND Cruelty to animals 4-7 AGREEMENTS Definitions 4-1 Dogs and cats ~T,AR.M$ Collar and tag Alarm business central office required.... 19-215 Required 4-25 Alarm permit required 19-208 Unauthorized removal 4-26 Application for 19-209 Impoundment Issuance 19-211 Disposition upon owner's failure to Terms; fees; nontransferable 19-210 redeem 4-30(d) i Audible alarms 19-216 Notice............................. 4-30(b) Code enforcement board, enforcement Redemption by owner 4-30(c) through 19-217 Required.......................... 4-30(a) - ~ Definitions 19-207 Inoculation 4-24 Supp. No. 31 2935 ~---•, _ ~ ~ ~-- ~ A ~,<< 4 / NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (ConfdJ APPEARANCE PLAN (Appendix A) (ConfdJ Prohibited in certain areas; exceptions . 4-27 Maintenance for good appearance j Rabies control. See herein that subject Buildings and appurtenances.......... VII(B) Registration 4-24 Public property....................... VII(C) Running at large Site VII(A) Cats 4-28(c) Participation and incentives VI Dogs on property of others.......... 4-28(b) Statement of policy H Dogs on streets and sidewalks 4-28(a) Vicious, biting and attacking dogs 4-29 ARCHAEOLOGICAL SITE PROTECTION Waste removal Appeals 21-107 Persons walking dogs responsible for Applicability 21-102 removal of waste 4-31 Archaeological review, development sub- Waste-removal implements, persons ject to 21-104. walking dog to carry 4-32 Certificate to dig 21-105 Enforcement Cost 21-106 General enforcement 4-5 Definitions 21-103 Hindering enforcement 4-4 Hearing................................ 21-108 Fight, causing animals to 4-8 Intent.................................. 21-101 Keeping certain animals prohibited;excep- Purpose 21-101 tion 4-6 Violations and penalties................. 21-108 Killing 4-3 ASSEMBLIES Molesting songbirds or domestic pets..... 4-9 Meetings of boards and commissions; ad- Noise control policy re animal noises 19-107 Nuisances, animals creating . 4-12 journment of 2-3 Poisonin Meetings of specific boards, etc. See spe- g . 4-3 cific subjects Rabies control Park and recreation area; meetings and Death or destruction, reporting......... 4-46 atherin s Muzzles; when required 4-45 g g 20-22 et seq. See: PARKS PLAYGROUNDS AND Rabid animals Confinement 4-43 RECREATION ~ Duty to report; impounding......... 4-44 ATLANTIC OCEAN Nuisance, declared 4-42 Regulations governing construction of docks, piers in Lake Worth and Atlantic ANNEXATION Planning and development; filing fees and Ocean 5-85 cost for voluntary annexation of land 21-2 AUDITS ANTENNAE Audit committee Access to records 2-56 Zoning regulations 45-21 Administrative services............... 2-57 APPEARANCE PLAN (Appendix A) Composition; terms; vacancies......... 2-52 (Note-Section citations contained herein Created 2-51 refer to section citations found within Duties 2-54 Appendix A) Organization 2-53 Administration V Removal............................. 2-55 Areas of jurisdiction III Basis I B Criteria for appearance Building and site to adjoining area, re- BATHING lationship of N(B) Diseased persons prohibited from bathing Building design IV(D) in public pools, etc................. 19-3 Buildings to site, relationsiup of....... 7V(A} Evaluation, factors for 1V(H) BICYCLES Landscape and site treatment......... IV(C) Park regulations 20-6 Maintenance-planning and design fac- Subdivisions, required improvements re tors 1V(G) bikeways.......................... 36-29.1 Miscellaneous structures and streethard- BILLBOARDS. See: SIGNS AND BILL- i waxe N(F) BOARDS / Signs IV(E) Definitions VIII BIRDS. See: ANIMALS AND FOWL }y'; I Supp. No. 31 2936 CODE INDEX Section Section BLOCKS BOATS, DOCKSAND WATERWAYS (Cont'd.) Subdivision design standards 36-18 Navigation canals 5-58 BOARDS, COMMITTEES AND COMMIS- Surety bond prerequisite to issuance SIONS. See: DEPARTMENTS AND of building permit in certain cases 5-61 OTHER AGENCIES OF VILLAGE Docks and piers BOATS, DOCKS AND WATERWAYS Construction in waters other than Abandoned boats 5-8 Lake Worth andAtlantic Ocean, Anchoring and mooring regulations governing 5-84 Limitation on anchoring and mooring in Definitions 5-81 prohibited area; mooring permit Generally 5-82 required 5-18 Lake Worth and Atlantic Ocean, reg- Mooring limitations in lagoons (private ulations governing construction docks) 5-16 in............................ 5-85 Unlawfully anchored or moored vessels Minimum design requirements...... 5-83 Claiming of vessel by owner; payment Variances 5-86 of costs 5-23 Erosion control structures Department of public safety to im- Construction 5-95 pound 5-19 Control 5-96 Owner to be notified upon impound- Definitions 5-93 went 5-20 Permitted, when................... 5-94 Procedure in event owner cannot be Piers. See within this subheading: Docks found 5-21 and Piers Reclamation of owner after sale..... 5-24 Seawalls. See within this subheading: Unclaimed vessel to be sold; certifica- Bulkheads and Seawalls tion of sale 5-22 Definitions 5-1 Use of vessel for dwelling purposes in Disturbing other boats 5-6 prohibited area 5-25 Exhibition boats exempted from certain Authority of city to board boats violating restrictions 5-4 provisions 5-17 Flood damage prevention provisions...... 12.5-1 et seq. Boat launching area See: FLOOD DAMAGE PREVENTION Abandoned boats and equipment Fueling of marine craft 5-26 Disposition 5-36 Health and sanitation requirements Recovery 5-37 Cleanliness of docks.................. 5-11 Designated; use restricted 5-33 Observance of village health and con- Permits required duct rules 5-10 Boats remaining for more that 24 Pollution of waterways 5-13 hours 5-35 Refuse disposal....................... 5-12 Repairs prohibited 5-34 Living aboard boats restricted 5-15 Vehicle/trailerparkfng in designated ar- Marine sanctuaries eas 5-35 Designation ofwaters as marine sanctu- Violation; penalty 5-38 arses Bulkhead lines 7-1 et seq. Area to be regulated 5-101(c) See: BULKHEAD LINES .Areas designated 5-101(b) Coastal construction code 6-151 et seq. Construction of provision 5-101(d) See: COASTAL CONSTRUCTION CODE Definition 5-101(a) Code enforcement board, applicability re.. 2-173 Mooring, docking, or beaching of boats on Construction requirements public or private property without Bulkheads and seawalls permission 5-9 Compliance with provisions required 5-69 Parking Inspection required 5-73 Boating equipment; parking on residen- Permit fee.. 5-72 tial property restricted........... 18-35 Specifications 5-71 Prohibited parking upon right-of--way of Submission of plans and specifica- specific roadways 18-34.1 tions 5-70 Rnnn;ng engines, hours in residential dis- Canals tricts 5-14 Canal crossings 5-60 Searchlights, use of..................... 5-7 Compliance with provisions required 5-56 Speed limits; wakes . 5-2 Drainage canals 5-59 Subdivision provisions re waterways 36-22 et seq. General requirements 5-57 See: SUBDIVISIONS (Appendix B) Supp. No. 32 2937 NORTH PALM BEACH CODE .~- . Section Section BOATS, DOCKSAND WATERWAYS (Cont'dJ BUILDINGS (Cont'dJ Swimming in restricted waters 5-3 Missiles, throwing 19-83 Water skiing 5-5 Noise from building..................... 19-102 Waterways board 5-102 et seq. Obstructing passageway................. 19-47 BOISTEROUS CONDUCT Outdoor displays. See herein: Signs and Outdoor Displays Noisy and boisterous 19-106 pmk and recreation facilities; erecting build- BONDS ings or structures 20-3 ~i Administrative code; bonds required of cer- Public land, construction on prohibited 6-1 taro officers 2-42 Public services department; division of per- ' Canal construction; surety bond prerequi- wits and inspections 2-85(1) site to issuance of building permit... 5-61 Signs and outdoors displays 6-110 et seq. Finance director, duties re 2-59(7) See: SIGNS AND BILLBOARDS i Village manager 2-117 Smoke, dust, odors, liquids, etc............ 19-9 BRUSH. See: WEEDS AND BRUSH Spitting in public places prohibited....... 19-5 Stormwater management; level of finished BUH,DINGS floor of structures 21-63 Appearance code Subdivision regulations- . 36-1 et seq. Appeals and review 6-35 See: SUBDIVISIONS (Appendix B) i Appearance plan 6-33 Swimming pools 25-1 et seq. Certificate of appropriateness See: SWIMMING POOLS Final hearings 6-57 Zoning regulations...................... 45-1 et seq. Follow-up by building inspector 6-60 See: ZONING (Appendix C) Planning commission Action of 6-58 BULKHEAD LINES Approval by 6-59 Code enforcement board, applicability re.. 2-173 Preliminary consideration 6-56 Established; designated 7-1 Definition 6-31 Filling operation beyond bulkhead line pro- ~- Intent and purposes 6-32 hibited............................ 7-2 Planning commission, powers and du- Filling permit ties re 6-36 Application fees...................... 7-19 Short title 6-30 Application;issuance................. 7-18 Appearance plan (Appendix A). See that Expiration date; renewal; revocation... 7-20 subject Public hearing prerequisite to consider- Coastalconstruction code 6-151 et seq. ation 7-17 See: COASTAL CONSTRUCTION CODE Required 7-16 Code enforcement board, applicability re.. 2-173 Unlawful fill; removal 7-3 Codes Appeaxance code. See herein that sub- BULKHEADS ject Bulkheads and seawalls, construction re- Building code 6-17 quirements re 5-69 et seq. Coastal construction code 6-151 et seq. See: BOATS, DOCKS AND WATER- Electrical code 11-11, 11-12 WAYS Energy efficiency building code........ 6-150 Fire prevention code 12-16 et seq. BUSINESS REGULATIONS Housing code 15-1, 15-2 Ambulances............................ 17-50, 17-51 Country club 9-1 et seq. Businesses located outside village limits See: COUNTRY CLUB Application for certificate of regulation. 17-34.2 Electrical code 11-11, 11-12 Certificate of business regulation re- Energy efficiency building code quired; basis of one year 17-34 Adopted by reference 6-150 Commercial vehicles, marking of 17-34.13 Flood damage prevention 12.5-1 et seq. Compliance by principal deemed compli- See: FLOOD DAMAGE PREVENTION ance by agent 17-34.8 Housing code 15-1, 15-2 Delinquency penalty.................. 17-34.4 Landscaping 27-31 et seq. Doing business not covered by certifi- See: LANDSCAPING cote of regulation 17.34-7 Minimum construction standards Duplicate certificates of regulation..... 17-34.6 Authority 6-16 Duration............................. 17-34.3 Codes adopted 6-17 False statements ~I Violations and penalty 6-19 Certificate obtained void ab initio 17-34.7 ~ . ~r Supp. No. 32 2938 I CODE INDEX Section Section BUSINESS REGULATIONS (Cont'd.) CERTIFICATES (Cont'd.) Engaging in business without certifi- Historic site overlay district; certificate of cate of regulation or under cer- appropriateness 45-37(H) tificate issued on 17-34.11 Fee exemptions 17-34.10 C] V]I. DISORDERS AND DISTURBANCES. Fee schedule 17-34.12 See: EMERGENCY MANAGEMENT Half-year certificate 17-34.3 CLERK Issuance of certificate 17-34.3 Noncompliance of principal............ 17-34.8 Department of records, provisions re vil- Nonprofit enterprise, special permit for 17-34.5 lage clerk and deputy village clerk 2-67 et seq. Refund of fee 17-34.9 See: DOCUMENTS AND PUBLIC Registration required 17-34.1 RECORDS Renewal 17-34.4 CLUBS Suspension or revocation of certificate . 17-34.9 When due and payable 17-34.3 Country club 9-1 et seq. Garage and other sales 17-61 et seq. See: COUNTRY CLUB See: GARAGE AND OTHER SALES COASTAL CONSTRUCTION CODE Home occupations . 17-3(a) et seq. Coastal construction requirements See: HOME OCCUPATIONS Location of construction................ 6-155(4) Occupational licenses 17-16 et seq. Major structures, structural require- See: LICENSES AND PERMIT ments for 6-155(1) Wellfield protection Minor structures, structural require- Regulation of business activities with ments for 6-155(3) potential to contaminate land and Nonhabitable major structures, strue- water resources 19-221 tural requirements for........... 6-155(2) Zoning Location of business for retail sales of Public access 6-155(5) alcoholic beverages 45-20(2), 45- Definitions 6-154 36.N Flood damage prevention 12.5-1 et seq. C-3 Regional Business District...... 45-34.1(9) See: FLOOD DAMAGE PREVENTION Purpose 6-152 References 6-156 C Scope CABLE TELEVISION. See: TELEVISION Applicability 6-153(x) Exceptions 6-153(b) CAMPING Permits, application for 6-153(c) Recreational, boating and camping equip- Title 6-151 went; parking on residential property restricted 18-35 CODE ENFORCEMENT BOARD Actions for money judgments CANALS Limitation 2-182 Construction requirements 5-56 et seq. Alarm regulations, enforcement re 19-217 See: BOATS, DOCKS AND WATER- Applicability . 2-173 WAYS Declaration of legislative intent.......... 2-171 Definitions 2-172 CATS Enforcement procedure 2-175 Regulations enumerated 4-24 et seq. Fines; liens See: ANIMALS AND FOWL Appeals 2-180 CERTIFICATES Copies of orders imposing fines........ 2-178(d) Appearance code; certificate of appropriate- Determination of amount of fine 2-178(b) ness 6-56 et seq. Duration of lien...................... 2-179 See: BUILDINGS Generally 2-178(x) Boats, docks and waterways; unlawfully Notices 2-181 anchored or moored vessels Reduction of fine 2-178(c) Unclaimed vessel to be sold; certifica- Hearing, conduct of 2-176 tion of sale 5-22 Organization Businesses located outside village limits, Attorney 2-174(c) certificate of business regulations re. 17-34 et seq. Officers; quorum; compensation 2-174(b) See: BUSINESS REGULATIONS Qualifications and term 2-174(x) Emergency medical services 11.5-21 Powers................................. 2-177 Supp. No. 32 2939 NORTH PALM BEACH CODE ,.ti M. Section Section CODE OF ORDINANCES* COUNTRY CLUB (Confd.) Altering Code 1-7 Terms 9-17(b) Amendments 1-6 Vacancies.......... 9-17(c) Catchlines 1-3 Finances Court cost Delinquent accounts; penalties 9-32 Assessment of additional court costs for Premises criminal justice education expendi- Disfiguration and/or removal of building tares 1-9 or other property................ 9-1(1) Definitions and rules of construction 1-2 Enforcement 9-2 Designated and cited 1-1 Hours 9-1(2) References to chapters or sections........ 1-3 Signs 9-2 Repeal of ordinances, effect o£ 1-4 Violations and penalties 9-2 Severability of parts 1-5 COUNTY Village clerk, duties re recording ordi- Definitions and rules of construction 1-2 nances 2-67(3) Village logo 1-10 COURTS Violations and penalty 1-8 Court cost COIN-OPERATED AMUSEMENTS Assessment of additional court costs for criminal justice education egpendi- Progimity to schools restricted 19-4 tares 1-9 I~ COMBAT AUTO THEFT (CAT) Establishment, regulations 18-19 D COMMITTEES, COMMISSIONS. See: DE- DECALS PARTMENTSAND OTHERAGENCIES Combat Auto Theft (CAT) 18-19 OF VILLAGE DEPARTMENTS AND OTHER AGENCIES COMMUNICATIONS OF VILLAGE Telecommunications Administrative code 2-39 et seq. Generally 29-1 et seq. See: ADMINISTRATIVE CODE See: TELECOMMUNICATIONS Appearance board. See: APPEARANCE ~ Service tag 26-51 et seq. PLAN (Appendix A) See: TAXATION Audit committee 2-56 et seq. See: AUDITS COMPUTATION OF TIME Code enforcement board 2-171 et seq. Definitions and rules of construction 1-2 Committees and boards generally; resi- CONCURRENCY MANAGEMENT dency requirements . 2-1 Provisions enumerated 21-41 et seq. Country club advisory board............. 9-16 et seq. See: PLANNINGAND DEVELOPMENT See: COUNTRY CLUB Finance, department of 2-59 COUNCIL. See: VILLAGE COUNCIL See: FINANCES COUNTRY CLUB Fire and police retirement board of trust- ees 2-164 et seq. Advisory board See: PENSIONS AND RETIREMENT Compensation 9-19 Fire division............................ 12-29 et seq. Composition 9-17(a) See: FIRE PREVENTION AND PRO- Created 9-16 TECTION Duties General employees retirement board 2-151 et seq. Administrator 9-21(b) See: PENSIONS AND RETIREMENT Budget 9-21(d) Library board 16-16 et seq. Management and administration.... 9-21(a) Libr ary, department of 2-93 Village employees 9-21(c) Meetings of boards and commissions; ad- Meetings 9-20 journment of 2-3 Officers' quorum 9-19 Meetings of specific boards, etc. See spe- Removal 9-18 cific subjects Planning and development board of adjust- *Note-The adoption, amendment, repeal, omissions, effec- ment 21-21 five date, explanation of numbering system and other matters planning commission 21-11 21-12 pertaining to the use, construction and interpretation of this Public safety, department of 2-75, 2-76 _ Code are contained in the adopting ordinance and preface See: PUBLIC SAFETY DEPARTMENT which are to be found in the preliminary pages of this volume. ~ ~ ~ Y~;; Sapp. No. 32 2940 I CODE INDEX Section Section DEPARTMENTS AND OTHER AGENCIES OF VILLAGE (Cont'd.) Public services, department of 2-84, 2-85 See: PUBLIC SERVICES DEPART- MENT Records, department of 2-67 et seq. See: DOCUMENT AND PUBLIC RECORDS Recreation department 2-110 Recreation advisory board 20-61 et seq. See: PARKS, PLAYGROUNDS AND RECREATION Reserve police force 23-42 et seq. See: POLICE Village council 2-16 et seq. DEVELOPMENTS. See: PLA1~]NINGAND DE- -VELOPMENT Supp. No. 28 2940.1 I I ~ CODE INDEX I Section Section DEPARTMENTS AND OTHER AGENCIES DRAINAGE (Cont'd.) OF VILLAGE (Cont'd.) Zoning; surface water management Public services, department of 2-84, 2-85 C-3 Regional Business District 45-34.1(8) See: PUBLIC SERVICES DEPART- MENT DROUGHT Records, department of 2-67 et seq. Water shortage emergencies 19-200 et seq. See: DOCUMENT AND PUBLIC See: WATER SHORTAGE EMERGEN- RECORDS LIES Recreation department 2-110 Recreation advisory board 20-61 et seq. E See: PARKS, PLAYGROUNDS AND ELECTIONS RECREATION Ballots Reserve police force 23-42 et seq. Direction for preparation.............. 10-8 See: POLICE Village council 2-16 et seq. Public measure........................ 10-10 Waterways board 5-102 et seq. Specifications; general and runoff elec- tions 10-9 DEVELOPMENTS. See: PLANNINGAND DE- Candidacy VELOPMENT Candidates for office; qualifying 10-5 Preservation of notice of candidacy 10-6 DISABLEDAND HANDICAPPED PERSONS Clerks. See herein: Inspectors and Clerk Applicability of dog prohibitions to guide. Early voting 10-13 and service dogs . . 4-27(d) General elections, notice of 10-3 Parking violations re handicap spaces 18-37 Inspectors and clerk Appointment 10-58 DISTRICTS Compensation 10-61 Zoning regulations 45-16 et seq. Fillin vacan 10-60 g cy See: ZONING (Appendix C) Good order, duty to maintain and report DISTURBANCES. See: CIVIL DISORDERS violations 10-62 AND DISTURBANCES Instruction prior to election 10-64 ~ Oath required 10-59 DOCKS. See: BOATS, DOCKS AND WATER- Organization 10-63 WAYS Polling place DOCUMENTS AND PUBLIC RECORDS Designated 10-76 Department of records Policeman to be present 10-77 Deputy village clerk Special elections Appointment 2-68 Notice of............................. 10-4 Duties 2-69 When held........................... 10-2 State laws Village clerk; duties Election records, kee m Applicable state laws adopted 10-1 p' g 2-67(5) Voting machines may be used; state law Expiration of term, notice of 2-67(7) 2-67(8) applicable 10-7 Official seal, keeping. . Record ordinances 2-67(3) Village clerk, duties re keeping election records 2-67(5) Village council Voting machines may be used; state law Keep records of council 2-67(2) applicable 10-7 Public council action 2-67(4) Serve as clerk of council 2-67(1) ELECTRICAL CODE Vital statistics, keeping 2-67(6) Amendments, corrections, additions 11-12 Police division, duties re records 2-76(b)(1) Code enforcement board, applicability re.. 2-173 Village clerk and deputy village clerk. See herein: Department of Records ELECTRONIC AUDIO EQUIPMENT Noise control 19-104 DOGS Regulations enumerated 4-24 et seq. EMERGENCIES See• ANIMALS AND FOWL Ambulances 17-50, 17-51 Emergency management . 8-1 et seq. t DRAINAGE See: EMERGENCY MANAGEMENT ~t Stormwater management 21-61 et seq. Emergency medical services See: STORMWATER MANAGEMENT Fees Subdivision design standards re easements Billing and collection 11.5-23 and rights-of--way 36-22(b) Establishment 11.5-22 Supp. No. 29 2941 NORTH PALM BEACH CODE 'f ~ Section Section 1 j EMERGENCIES (ConfdJ FINANCES (Confd.) ~- Generally 11.5-21 Court cost Fire division 12-29 et seq. Assessment of additional court costs for See: FIRE PREVENTION AND PRO- c~•~m~naljusticeeducationegpendi- TECTION tares 1-9 Water shortage emergencies 19-200 et seq. Department of finance See: WATER SHORTAGE EMERGEN- Finance director; duties LIES Accounts of receipts and expendi- tures 2-59(8) EMERGENCY MANAGEMENT Budget duties 2-59(2) Applicability 8-2 Cancellation of evidences of old debt 2-59(9) Civil disorders and disturbances Collect moneys and fees due village . 2-59(12) Declaration of a state of emergency.... 8-22 Examine books 2-59(6) Mayor designatedloealauthorityforpres- Financial statements 2-59(3) ervation of public peace.......... 8-21 Fiscal supervision over officers...... 2-59(5) Declaration of a state of emergency 8-5 Keep accounts......... 2-59(4) Definitions 8-]. Pay village employees 2-59(11) Emergency management structure 8-3 Prescribe form 2-59(1) Powers,. duties and responsibilities 8-4 Receive and disburse moneys 2-59(10) Termination of a state of emergency...... 8-6 Responsibility for proceeds of bonds . 2-59(7) Investment policy of the village 2-4 EMPLOYEES. See: OFFICERS AND EM- Pensions and retirement. See also that PLOYEES subject ENCLOSURES. See: FENCES, WALLS, Length of service award plan for volun- teer firefighters 2-170 et seq. HEDGES AND ENCLOSURES Pension and certain other benefits for ENERGY EFFICIENCY BUILDING CODE ~'e and police employees 2-159 et seq. Adopted by reference... 6-150 Pension and certain other benefits for general employees 2-146 et seq. ENGINE EXHAUST Planning andchanges.ment; filing fees and 21-1 21-2 4, ' Noise control policy 19-108 ~.- Socialsecurity 2-136 et seq. EROSION CONTROL STRUCTURES See: SOCIAL SECURITY Construction regulations 5-93 et seq. Taxation. See that subject See: BOATS, DOCKS AND WATER- Pillage manager 2-118 WAYS FINES, FORFEITURES AND OTHER PEN- EXCAVATIONS ALTIES Bulkhead lines 7-1 et seq. Code enforcement board; fines and liens 2-178 See: BULKHEAD LINES Code of ordinances, provisions re general Stormwater management 21-61 et seq. penalty and continuing violations 1-8 See: STORMWATER MANAGEMENT Parking violation 18-37, 18-38 Street excavations 24-16 et seq. Pension and certain other benefits for fire See: STREETS, SIDEWALKS AND PUB- and police employees LIC PLACES Board of trustees for; forfeiture of mem- bership on board for absenteeism . 2-164(b) EXCRETA Contributions; forfeitures 2-163(d) Dog waste, removal provisions re 4-31, 4-32 FIRE PREVENTION AND PROTECTION Barbecue grills and similar cooking devices 19-10 F Code enforcement board, applicability re.. 2-173 Department of public safety, provisions re r~1VCES, WALLS, H-EDGES AI~TD E1VCL0- fire division 2-76(c) SURES See: PUBLIC SAFETY DEPARTMENT Landscaping . 27-31 et seq. Fire division See• LANDSCAPING Composition 12-30 Swimming pool requirements 25-5 Created; functions 12-29 Emergency medical technician volun- FINANCES teers 12-32 Budget procedures 2-2 Equipment Country club, provisions re 9-21(d), 9-32 Acquisition........................ 12-52 Ly~,~ Sapp. No. 29 2942 i i CODE INDEX Section Section FIRE PREVENTION AND PROTECTION FLOOD DAMAGE PREVENTION (Cont'd.) (Cont'd.) General standards Fire alarm system 12-53 Anchoring......................... 12.5-41(1) Generally 12-51 Construction materials and methods 12.5-41(2) Housing 12-54 Enclosures below lowest floor 12.5-41(6) Private use of equipment............ 12-55 Mechanical and utility equipment... 12.5-41(5) Tampering with equipment 12-56 Subdivision proposals 12.5-41(4) Impersonating fireman 19-8 Utilities........................... 12.5-41(3) Motor equipment and members' cars des- Regulatory floodways 12.5-43 ignated emergency vehicles 12-31 Sand dunes and mangrove stands 12.5-45 Personnel Specific standards Badges 12-41 Nonresidential construction......... 12.5-42(2) Car insignia 12-42 Residential construction............. 12.5-42(1) Other officers accountable to chief... 12-39 Interpretation 12.5-9 Police assistance 12-43 Lands to which provisions applies........ 12.5-6 Special police powers 12-40 Methods of reducing flood losses 12.5-4 Volunteer firefighters, length of service Noncompliance, penalties for 12.5-11 award plan for 2-170 et seq. Statement of purpose and objectives...... 12.5-3 See: PENSIONS AND RETIREMENT Statutory authorization 12.5-1 Florida fire prevention code Variance procedure 12.5-24 Adopted by reference 12-16 Fire inspection fee schedule 12-17 FLORIDA, STATE OF. See: STATE Hazardous substances, cost recovery for FOLLOWING, PRECEDING cleanup, abatement and removal of Definitions and rules of construction 1-2 Authority of public safety department.. 12-102 Cost reimbursement to village......... 12-103 FOOD AND FOOD .PREPARATION Definitions 12-101 Barbecue grills and similar cooking devices 19-10 Exceptions for fire suppression services 12-105 Late fee for failure to reimbursement 12-106 FORFEITURES. See: FINES, FORFEITURES Records 12-104 AND OTHER PENALTIES Remedies 12-107 FOWL. See: ANIMALS AND FOWL Pension and certain other benefits for fire and police employees 2-159 et seq. FRANCHISES See: PENSIONS AND RETIREMENT Enumerated. See Appendi$ D FIREARMS AND WEAPONS Use of rights-of--way for utilities.......... 28-1 et seq. See: UTILITIES Concealed weapons, caiZying 19-184 Forfeiture; disposition 19-186 G Possession 19-183 Sales restricted GAMBLING Record of sales required 19-185(c) Animals, causing to fight , 4-8 Specified weapons, display and sale of . 19-185(b) Switchblade knives prohibited......... 19-185(a) GARAGE AND OTHER SALES Stench bombs prohibited 19-82 Garage sales 17-61 See: STENCH BOMBS Permit required 17-62 FLOOD DAMAGE PREVENTION Violations and penalties 17-63 Abrogation and greater restrictions 12.5-8 GARBAGE AND TRASH Areas of special flood hazard Abandoned, inoperative and junked prop- Basis for establishment 12.5-7 erty Warnings regarding designations...... 12.5-10 Definitions 14-37 Building official Disposition of property 14-48 Designated as flood damage control ad- Hearing ministrator 12.5-21 Procedure for hearing 14-45 Duties and responsibilities 12.5-23 Request for hearing 14-44 Definitions 12.5-5 Impounded property, redemption of.... 14-51 Development permit Liability of owner or occupant 14-52 Required 12.5-22 Notices Findings of fact 12.5-2 Content of notice 14-42 Flood hazard reduction provisions Contents of public sale notice 14-49 Coastal high hazard areas 12.5-44 Notice of removal 14-47 Supp. No. 32 2943 F, ' ~ NORTH PALM BEACH CODE ~ ' Section Section GARBAGE AND TRASH (ConfdJ HEALTH AND SANITATION (ConfdJ Notice to remove 14-40 Code enforcement board, applicability re.. 2-173 Procedure 14-41 Garbage and trash...................... 14-23 et seq. Prima facie evidence of violation....... 14-39 See: GARBAGE AND TRASH Prohibited conditions; enumerated eg- Park and recreation facilities; failure to ceptions 14-38 cooperate in keeping restrooms neat Public sale 14-50 or sanitary 20-2 Removal of property from premises 14-46 Rabies control 4-42 et seq. Responsibility for removal 14-43 See: ANT7VTAT,S AND FOWL Boats; refuse disposal 5-12 Weeds and brush 14-79 et seq. Garbage collection and disposal See: WEEDS AND BRUSH Charges HEDGES. See: FENCES, WALLS, HEDGES Commercial use property waste dis- AND ENCLOSURES posal fees and collection proce- dures 14-30 HITCHHH~IG Fee for excess amounts from commer- Prohibitions 19-6 vial establishments 14-28 Generally 14-27 HOME OCCUPATIONS When and where paid 14-29 Customer service requirements and perfor- Definition 14-23 mance standards.................... 17-2 Frequency of collection 14-26 Definitions 17-3(b) Garbage cans Effective date 17-3(i) Kept covered 14-25 Occupational licenses. See also that subject Required 14-24 Generally............................ 17-16 et seq. Landscaping; refuse container areas....... 27-41 Home occupation provisions Public services department Affidavit of applicant required 17-3(e) Refuse disposal division 2-85(5) APPeals........................... 17-3(g) Weeds and brush 14-79 et seq. Requirement of occupational license. 17-3(c) See: WEEDS AND BRUSH Permitted uses, home occupations as 17-3(a) -~ Repeal of ordinances 17-3(h) ~i~ a GATHERINGS. See: ASSEMBLIES Standards 17-3(d) °~;.,.Y . GENDER Violation of standards or conditions deemed Definitions and rules of construction 1-2 a Code violation ~ 17-3(f) GUNS. See: FIREARMS AND WEAPONS HORNS Noise control 19-103 g HOUSING Boats, docks and waterways; anchoring HANDBII'LS and mooring Distribution restricted 19-7 Use of vessel for dwelling purposes in prohibited area 5-25 HANDGUNS. See: FIREARMS AND WEAP- ONS HOUSING CODE Adopted by reference 15-1 HANDICAPPED PERSONS. See: DISABLED AND HANDICAPPED PERSONS Amendments 15-2 Code enforcement board, applicability re.. 2-173 HAZARDOUS SUBSTANCES Recovery of costs for cleanup, abatement I and removal 12-101 et seq. See: FIRE PREVENTION AND PRO- IIVIl'ERSONATION TECTION Impersonating police officer; fireman or ~ other village official 19-8 HEALTH AND SANITATION Animals and fowl, provisions re.......... 4-11 et seq. IMPOUNDMENT See: ANIMALS AND FOWL Abandoned, inoperative and junked. prop- Bathing regulations eTt3' Diseased persons prohibited from bath- Redemption of impounded property 14-51 ing in public pool, etc............ 19-3 Boats, docks and waterways; unlawfully Boats, docks, etc., provisions re 5-10 et seq. anchored or moored vessels Department of public safety to im- - See: WAYS S, DOCKS AND WATER- pound 5-19 Supp. No. 32 2944 CODE INDEX Section Section IMPOUNDMENT (Cont'dJ LANDSCAPING (Cont'dJ Owner to be notified upon impound- Certain yard areas, off-street parking and went............ 5-20, 5-21 other vehicular use areas Dogs and cats 4-30 Existing plant material............... 27-67 Installation 27-60 INDECENCY AND OBSCENITY Maintenance 27-61 Adult entertainment establishments Parking area interior landscaping 27-65 .Zoning regulations re. See: ZONING (Ap- Perimeter landscaping relating to abut- pendix C) ting properties 27-64 Alcoholic beverage establishments; nudity, Plant material partial nudity, sexual conduct prohib- Ground covers 27-62(e) ited 3-4 Lawn grass........................ 27-62(f) Topless costumes 19-64 Quality 27-62(a) Vulgarlanguage 19-65 Shrubs and hedges................. 27-62(c) Window peeping 19-66 Tree species....................... 27-62(b) INSURANCE EXCISE TAXES Vmes . 27-62(d) Casualty insurance premiums 26-16 Regwred landscaping adjacent to public Property insurance premiums............ 26-17 rights-of-way 27-63 Scope, applicability 27-59 INTRACOASTAL WATERWAY Sight distance adjacent to public rights- Marine sanctuary, designation as 5-101 of-way and points of access....... 27-66 Certificate of completion 27-35 INVESTMENTS Code enforcement board, applicability re.. 2-173 Investment policy of the village 2-4 Completed landscaping required for certif- icate of use and occupancy........ , . 27-37 Definitions 27-31 `J Improved nonresidential properties in ex- JOINTAUTHORITY istence on September 23, 1971 Definitions and rules of construction 1-2 Applicable requirements 27-40(b) Exceptions 27-40(c) JUNK Objectives 27-40(a) Abandoned, inoperative and junked prop- Planning commission, submission of plans erty 14-37 et seq. to 27-40(d) See: GARBAGE AND TRASH Objectives 27-32 Off-street parking landscape manual 27-38 K Plot use plan approval prerequisite to issu- ance of permits for building and pav- KNIVES. See: FIREARMS AND WEAPONS ing 27-37 Refuse container areas 27-41 L Scope; applicability 27-34 Weeds and brush 14-79 et seq. LAKE WORTH See: WEEDS AND BRUSH Marine sanctuary, designation as 5-101 Zoning ordinance, conflict with........... 27-39 Regulations governing construction of docks, LIBRARY piers in Lake Worth and Atlantic Dama ' ro ert unlawful 16-1 Ocean 5-85 ~g P P Y Department of library Librarian 2-93 LAND Buildings; construction on public land pro- Library board Appointment 16-17 hibited 6-1 Plann;ng and development 21-O1 et seq. Compensation, service without 16-20 See: PLANNINGAND DEVELOPMENT Composition 16-17 Subdivision regulations 36-1 et seq. Established 16-16 See: SUBDIVISIONS (Appendix B) Meetings 16-23 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 .l t Supp. No. 31 2945 - i I i I i ~ NORTH PALM BEACH CODE Section Section LICENSES AND PERMITS LICENSES AND PERMITS (Cont'dJ Alarm permit 19-208 et seq. When due and payable................ 17-19 See: ALARMS Park and recreation facilities; meeting and Boat launching area permits 5-34 gathering permits.................. 20-31 et seq. Boats, docks and waterways See: PARKS, PLAYGROUNDS AND Limitation on anchoring and mooring in RECREATION prohibited area; mooring permit Public services department, division of per- required 5-18 wits and inspections............... 2-85(1) Bulkhead lines; filling permit............ 7-16 et seq. Seawalls. See herein: Bulkheads and Sea- See: BULKHEAD LINES walls Bulkheads and seawalls 5-72 Sidewalk and driveway permits 24-55 et seq. Code enforcement board, applicability re.. 2-173 See: STREETS, SIDEWALKSAND PUB- Driveways. See herein: Sidewalk and Drive- LIC PLACES way Permits Street excavation permits 24-28, 24-29 Emergency medical services 11.5-21 Swimming pool permits 25-3 " Flood damage prevention development per- Utilities mit 12.5-22 Use ofrights-of--way for utilities; written. Garage, related sales 17-62 permit.......................... 28-2, 28-3 Home occupations. See also that subject Generally 17-16 et seq. LOGO Occupational license for home occu- Village logo 1-10 pations 17-3(c) et seq. LOTS Noise control; special permits excepted 19-119 Subdivision design standards 36-18 Occupational licenses Zoning regulations 45-1 et seq. Application for 17-18 See: ZONING (Appendix C) Commercial vehicles, marking of 17-33.1 Compliance by principal deemed compli- LOUDSPEAKERS ante by agent 17-29 Noise control policy re loudspeakers and Delia uenc enalt 17-20 devices for advertising 19-105 q Y P Y 1 Doing business not covered by license.. 17-28 Duplicate licenses 17-27 M ~ . Duration 17-19 False statements MANAGER. See: VILLAGE MANAGER Engaging in business without license MANGROVE STANDS or under license issued on 17-32 Flood damage prevention provisions...... 12.5-45 License obtained by void ab initio 17-28 Half-year license 17-19 MAPS. See: SURVEYS, MAPS AND PLATS Home occupations. See also that subject ~R~ SANCTUARIES Generally 17-16 et seq. Designated............................. 5-101 Occupational license for home oc- cupations 17-3(c) et seq. MAY, SHALL Issuance 17-19 Definitions and rules of construction 1-2 Noncompliance of principal............ 17-29 MAYOR Nonprofit enterprise, special permit for 17-22 Civil disorders and disturbances Posted or carried, license to be 17-26 Mayor designatedlocalauthorityforpres- Refund of fee 17-30 ervation of public peace.......... 8-21 Registration required 17-17 Village council; presiding officer at meet- Renewal 17-20 ings............................... 2-18 Required; basis of one year............ 17-16 Specified professions, how tax construed MEASURES. See: WEIGHTS AND MEA- as to 17-21 SURES Suspension or revocation 17-30 ~ Ta$ 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- f pends on 17-23 Supp. No. 31 2946 CODE INDEX Section Section MEDICAL SERVICES N Emergency medical services .11.5-21 et seq. NOISE See: EMERGENCIES Animal noises 19-107 MEETINGS. See: ASSEMBLIES Buildings, premises or property Noise from 19-102 MISSILES, STONES, ETC. Code enforcement board, applicability re.. 2-173 Throwing missiles 19-83 Conduct, noisy and boisterous 19-106 MONTH Construction activity, permissible time for 19-111 Definitions and rules of construction 1-2 Definitions 19-99 Electronic audio equipment 19-104 MONUMENTS Enforcement Subdivisions, required improvements re 36-27 Authority 19-116 Procedure MOTOR VEHICLES AND TRAFFIC All other noises 19-117(b) Ambulances 17-50, 17-51 Motor vehicle noise enforcement, op- Businesses located outside village limits; eratin 19-117(a) markin of commercial vehicles 17-34.13 g g Engine exhaust 19-108 Combat Auto Theft (CAT) 18-19 Exemptions 19-120 Fire division, provisions re cars and desig- Fixed mechanical equipment 19-112 nated emergency vehicles........... 12-31 et seq. Horns and signal devices 19-103 See: FIRE PREVENTION AND PRO- Loadin unloadin and un ackm 19-110 TECTION g, g p g Loudspeakers and devices for advertising. 19-105 Hitchhiking prohibited 19-6 Measurement procedure................. 19-113 Junked vehicles Musical instruments 19-104 Abandoned, inoperative andjunkedprop- Noise control measurement standards other erty 14-37 et seq. than motor vehicle noise standards.. 19-118 See: GARBAGE AND TRASH Noise control ohc 19-100 Motorized scooters 18-20 p y Periods of observation 19-114 Noise control policy, provisions re 19-103 et seq. Radios 19-104 See: NOISE Special permits excepted 19-119 Occupational licenses; marking of commer- Unneeessa cial vehicles ry, excessive or offensive noise 17-33.1 Unlawful to make.................... 19-101 Park regulations re traffic 20-5 Vehicle defect or condition of load 19-109 Parking. See herein: Stopping, Standing Voluntary compliance 19-115 and Parking Public safety department NUDITY Police division, provisions re traffic 2-76(b)(5) Topless costumes prohibited 19-64 Public services department NUISANCES Division of signal service 2-85(3) Abandoned inoperative and junked prop- Stopping, standing and parking ' Parking restricted 18-34 erty............................... 14-37 et seq. Recreational, boating and camping equip- See: GARBAGE AND TRASH went, and personal recreational use Animals creating nuisances 4-12 trailers; parking on residential prop- False alarms erty restricted 18-35 Excessive false alarms declared public nuisance 19-212 Signs, parking in violation of.......... 18-36 Rabid animals declared nuisance......... 4-42 Vehicle, trailer or boat parking prohib- Weeds and brush 14-79 et seq. ited upon paved or unpaved area of See: WEEDS AND BRUSH the road right-of--way of specific roadways 18-34.1 NUMBER Violations; fines Definitions and rules of construction 1-2 Handicap spaces 18-37 Non-handicap spaces 18-38 O Vehicular operation - Speed limits OATH, AFFIRMATION, SWEAR OR SWORN Generally 18-16 Administrative code, provisions re oaths of Weight limitations on certain roads.... 18-18 office 2-41 Definitions and rules of construction 1-2 MUSICAL INSTRUMENTS Election inspectors and clerk; oath re- ~ Noise control 19-104 quired 10-59 Supp. No. 32 2947 ~ ~ NORTH PALM BEACH CODE Section Section OATH, AFFIRMATION, SWEAR OR SWORN OWNER (Confd.) Definitions and rules of construction 1-2 General employees retirement board; oaths of office 2-154 P Reserve police force; oath required 23-47 PALM BEACH COUNTY. See: COUNTY OBSCENITY. See: INDECENCY AND OB- SCENITY PARHING Boat launching area OBSTRUCTIONS Vehicle/trailerparking in designated ar- Passageways, obstructing 19-47 eas............................. 5-35 OCCUPATIONAL LICENSES Landscaping, provisions re off-street park- 17-16 et se ~g••••••••••••••••••••••" 27-38, 27-59 Regulations enumerated q. See: LICENSES AND PERMITS et seq. See: LANDSCAPING OFFENSES Parks; designated parking areas 20-5(6) Definitions 19-1 Stopping, standing and parking.......... 18-34 et seq. Enumerated 19-3 et seq. See: MOTOR VEHICLES AND TRAF- See also specific offenses as indexed FIC State misdemeanors adopted 19-2 Zoning, provisions re off street parking 45-27 et seq. OFFICERS AND EMPLOYEES ~ See: ZONING (Appendix C) Administrative code 2-39 et seq. pAR~,pLAYGROUNDSANDRECREATION See: ADMINISTRATIVE CODE Alcoholic beverages Definitions and rules of construction 1-2 Consumption on playgrounds and public Elections. See also that subject parks 3-3 Generally 10-1 et seq. Bicycles Inspectors and clerk 10-58 et seq. Operation in safe manner, etc.......... 20-6(2) Finance director 2-59 Operation prohibited in certain areas.. 20-6(1) Impersonating village official 19-8 Boat launching areas Librarian 2-93 Vehicle/trailer parkingin designated ar- :a 2-18 5-16 5-35 Mayor eas.. gs g.......... Pensions and retirement. See also that Buildin or structure erectin 20-3 subject Department of recreation Length of service award plan for volun- Director's duties. teer firefighters 2-170 et seq. Conduct community activity 2-110(2) Pension and certain other benefits for Supervise recreation areas.......... 2-110(1) fire and police employees 2-159 et seq. Ejectment of violators 20-8 Pension and certain other benefits for Enforcement of provisions, responsibility . 20-7 general employees 2-146 et seq. Hours regulated 20-1 Social security 2-136 et seq. Meetings and gatherings Public safety director 2-75 Liability for loss or injury............. 20-23 Public services director 2-84 Permit Recreation director 2-110 Appeal from refusal to issue 20-35 Soeialsecurity 2-136 et seq. Application........................ 20-33 See: SOCIAL SECURITY Form 20-32 Village clerk and deputy village clerk..... 2-67 et seq. Issuance standards 20-34 See: DOCUMENTS AND PUBLIC Required 20-31 RECORDS Revocation 20-36 Village manager 2-115 et seq. Rules and regulations, permittee bound See: VILLAGE MANAGER by 20-22 OFFICIAL TIME Property used to violate provisions, confis- Definitions and rules of construction 1-2 cation of 20-9 Public services department 4 OPEN SPACES. See: YARDS AND OPEN Division of parks 2-85(2) SPACES Recreation advisory board Created 20-61 OR, AND Duties 20-66 Definitions and rules of construction 1-2 Meetings 20-65 _ ORDINANCES. See: CODE OF ORDI- Officers' quorum, compensation......... 20-64 ~ 20-63 NANCES Removal ~ ~ =r` Supp. No. 32 2948 / CODE INDEX Section Section PARKS, PLAYGROUNDSAND RECREATION (Cont'd.) Terms 20-62(b) i Supp. No. 32 2948.1 ~ ~ 4C -3s°~ t +.t4-'° ~ y~ ~ $ _ ~ {4 CODE INDEX Section Section PARKS, PLAYGROUNDS AND 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 Waif c 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, tag 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) PENALTIES. See: FINES, FORFEITURES Number and gender 2-169(e) AND OTHER PENALTIES Optional forms of benefits 2-162 Pension validity 2-169(c) PENSIONS AND RETIREMENT Prior service 2-165 Length of service award plan for volunteer Repeal or termination of plan 2-168 firefighters Tax on insurers 2-167 Benefit formula 2-170.6 pension and certain other benefits for gen- Contact person 2-170.10 eral employees Effective date 2-170.3 Bargaining unit employees 2-156(e) Eligibility 2-170.4 Benefit amounts and eligibility Entitlement age 2-170.5 Direct transfers of eligible rollover Plan, name of 2-170.2 distribution 2-157 Point system 2-170.11 Early retirement................... 2-148(d) Preretirement death benefit........... 2-170.7 Late retirement . . 2-148(c) Purpose 2-170 preretirement death 2-148(e) Sponsor, name of 2-170.1 Refund of contribution 2-148(g) Trustee and contact person............ 2-170.10 Retirement benefit 2-148(b) Vesting provisions, schedule of 2-170.8 Retirement date 2-148(a) Village contributions 2-170.9 Termination of employment...... , 2-148(f) Pension and certain other benefits for fire and police employees Benefit plan no. 2, optional (cost of liv- Benefit amounts ing adjustment) 2-158.1 Cost of living 2-161(g) Benefit plan, optional Disability retirement 2-161(e) Applicability to employees 2-158(a) Early retirement 2-161(b) Member contributions Formula 2-161(c) Amount:........................ 2-158(d)(1) Limitation on 2-161(h) Duration........................ 2-158(d)(2) Normal retirement benefit........... 2-161(a) Interest 2-158(d)(3) Preretirement death 2-161(d) Retirement benefit................. 2-158(c) Termination benefits and vesting.... 2-161(f) Retirement date 2-158(b) Board of trustees Definitions 2-146 Bring and defend lawsuits Discharged members 2-156(a) Powers 2-164(e) Incompetents 2-156(d) Composition 2-164(a) Membership Forfeiture of membership on board Application for membership 2-147(b) for absenteeism................ 2-164(b) Change in designation of beneficiary 2-147(c) Meetings 2-164(d) Conditions of eligibility............. 2-147(a) Power and authority 2-166 Nonassignability 2-156(b) Reports and records 2-164(c) Normal and optional forms of benefits . 2-149 Contributions Pension validity 2-156(c) Employer 2-163(c) Repeal or termination of system 2-155 Forfeitures 2-163(d) Retirement board Member 2-163(a) Additional rules and regulations au- State 2-163(b) thorized...................... 2-152 Definitions 2-159 Established............ 2-151 Supp. No. 30 2949 NORTH PALM BEACH CODE h''°w> Section Section PENSIONS AND RETIREMENT (Cont'd.) PLANNINGAND DEVELOPMENT (Cont'd.) Investing funds;. custodian of securi- Annual public facilities update report 21-46(b) ties 2-153 Generally 21-46(a) Oaths of office; meetings; quorum 2-154 Regulatory program Social security 2-136 et seq. Exemptions 21-47(b) See: SOCIAL SECURITY Generally 21-47(a) Volunteer firefighters, length of service Public facility adequacy, review to de- award plan for. See herein: Length of termine 21-47(c) Service Award Plan for Volunteer Short title 21-41 Firefighters Filing fees and costs for voluntary annex- PERMITS. See: LICENSES AND PERMITS anon of land Enactment and authority 21-2(a) PERSON Fees: application 21-2(c) Defimitions and rules of construction 1-2 Jurisdiction 21-2(b) Planning commission, advice o£ 21-2(d) PIERS Stormwater management . 21-61 et seq. Docks and piers, construction require- See: STORM4VATER MANAGEMENT ments re 5-81 et seq. Subdivision regulations 36-1 et seq. See: BOATS, DOCKS AND WATER- See: SUBDIVISIONS (Appendix B) WAYS Zoning regulations . . 45-1 et seq. PLANNING AND DEVELOPMENT See: ZONING (Appendix C) Appearance plan (Appendix A). See that PLANNING COMMISSION subject Composition; conduct generally Archaeological site protection regulations . 21-101 et seq. Created......... _ 2i-1.1{a) See: ARCHAEOLOGICAL SITE PRO- Meetings . 2i-11{c) TECTION Membership . . . 21-ll(b) Board of adjustment Powers and duties . . . 21-11(d} omposition; conduct generally Zoning ordinances, changes to , 21-12 Administrative orders, review of 21-21(d) Created _ , 21-21(a) PLATS. See: SURVEYS, MAPS AND PLATS Decision of administrative official, ap- PLAYGROUNDS. See: PARKS, PLAY- peals to board from 21-21(e) GROUNDS AND RECREATION Hearing of appeals 21-21(x) Judicial review of decisions of board. 21-21(h) POLICE Membership; terms; alternate; com- Court cost pensation 21-21(b) Assessment of additional court costs for Powers and duties 21-21(c) er»~nal justice education expendi- Stay of work and proceedings on ap- tares 1-0 peal 21-21(f) Department of public safety, provisions re Comprehensive plan police division 2-76(b) Adoption 21-O1 See: PUBLIC SAFETY DEPARTMENT Filing fees and costs for changes Elections; policemen to be present at poll- Enactment and authority........... 21-1(a) ing place 30-77 Fee; application 21-1(c) Fire division, provisions ra police assis- Jurisdiction 21-1(b) tance 12-43 Planning commission, advise of 21-1(d) Impersonating police officer 19-8 Concurrency management Pension and certain other benefits for fire Adequate public facilities available to and police employees 2-159 et seq. service development 21-45 See: PENSIONS AND RETIREMENT Application 21-42 Reserve force Definitions 21-44 Application for membership 23-43 Intent and purpose Compensation 23-50 Comprehensive plan, implementa- Created; purpose 23-42 tion of 21-43(a) Director of public safety, appointment to Management?monitoring and regula- serve by 23-45 tory program, establishment of 21-43(b) Oath required 23-47 Minimum requirements 21-43(c) Powers and duties 23-48 Management and monitoring program Reserve list to be maintained 23-44 _ Amendments to CIE and annual bud- Resignation 23-46 get, recommendations on 21-46(c) Uniforms and. insignia 23-49 ~,F Sapp. No. 30 2950 _,~~:- CODE INDEX I Section Section POLLUTION PUBLIC SAFETY DEPARTMENT (Cont'd.) Smoke, dust, odors, liquids, etc........... 19-9 Traffic 2-76(b)(5) Stormwater management provisions re pol- Emergency medical services 11.5-21 et seq. lutant loads 21-67 See: EMERGENCIES Waterways, pollution of 5-13 Wellfield protection PUBLIC SERVICES DEPARTMENT Regulation of business activities with Director's duties 2-84 potential to contaminate land and Divisions water resources 19-221 Municipal garage..................... 2-85(4) Parks 2-85(2) PRECEDING, FOLLOWING permits and inspections 2-85(1) Definitions and rules of construction 1-2 Refuse disposal 2-85(5) PROFANITY Signal service 2-85(3) Vulgar language prohibited in public places 19-65 Street maintenance 2-85(6) PROPERTY R Abandoned, inoperative and junked prop- erty . 14-37 et seq. RABIES CONTROL See: GARBAGE AND TRASH Provisions enumerated 4-42 et seq. Appearance plan (Appendix A). See that See: ANIMALS AND FOWL subject Boats, docks and waterways; unlawfully RADIOS anchored or moored vessels Noise control 19-104 Unclaimed vessel to be sold; certifica- Police division, provisions re radio mainte- tion of sale 5-22 nance............................. 2-76(b)(6) Definitions and rules of construction 1-2 Dogs on property of others 4-28(b) REASONABLE TIME Insurance excise taxes; property insurance Definitions and rules of construction 1-2 premiums 26-17 ~ Noise from roe 19-102 RECORDS. See: DOCUMENTS AND PUB- p p ~ LIC RECORDS Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) RECREATION. See: PARK, PLAYGROUNDS Weeds and brush 14-79 et seq. AND RECREATION See: WEEDS AND BRUSH PUBLIC PLACES. See: STREETS, SIDE- REFUSE. See: GARBAGE AND TRASH WALKS AND PUBLIC PLACES RESTROOMS PUBLIC RECORDS. See: DOCUMENTSAND parks and recreation facilities; failure to PUBLIC RECORDS cooperate in keeping restrooms neat or sanitary 20-2 PUBLIC SAFETY DEPARTMENT Boats, docks and waterways; unlawfully RETIREMENT. See: PENSIONS AND RE- anchored or moored vessels TIREMENT Department of public safety to impound 5-19 Director's duties 8 Designate instructor 2-75(2) Make assignments 2-75(1) SAND DUNES Divisions Flood damage prevention provisions...... 12.5-45 Fire Fire fi htin 2-76(c)(3) SANITATION. See: HEALTH AND SANITA- g g' ' TION Fire prevention 2-76(c)(4) Maintain equipment 2-76(c)(2) SCHOOLS Report losses 2-76(c)(1) Coin-operated amusements; proximity to Generally 2-76(a) schools restricted 19-4 Police Crime prevention 2-76(b)(3), (4) SEAWALLS Investigation 2-76(b)(3) Bulkheads and seawalls, construction re- Patrol 2-76(b)(2) quirements re 5-69 et seq. Radio 2-76(b)(6) See: BOATS, DOCKS AND WATER- -' Records 2-76(b)(1) WAYS Supp. No. 31 2951 NORTH PALM BEACH CODE ~~-~,,, Section Section SEXUAL OFFENDERS AND SEXUAL PRED- STENCH BOMBS ATORS Excepted uses 19-82(c) Sexual offender and sexual predator resi- Possession prohibited 19-82(b) dente prohibition 19-31 Throwing or depositing.................. 19-82(a) SEXUALLY-ORIENTED ENTERTAINMENT STORMWATER MANAGEMENT Adult entertainment establishments Adoption 21-61 Zoning regulations re. See: ZONING (Ap- Applicability 21-61 pendix C) Design 21-61 Finished. floor of structures, level of 21-63 SHALL, MAY Objectives of system design............... 21-68 Definitions and rules of construction 1-2 Open channels and outfall ditches........ 21-66 Post development runoff rates, volumes SHRUBBERY. See: TREES AND SHRUB- and pollutant loads 21-67 BERY Storm drainage facilities generally....... 21-64 SIDEWALKS. See: STREETS, SIDEWALKS Stormwater retention systems 21-69 AND PUBLIC PLACES Streets Minimum street grades 21-62 SIGNAL DEVICES Roadside swales 21-65 Noise control 19-103 Subdivisions, required improvements re 36-31 Water quality 21-70 SIGNATURE, SUBSCRIPTION Zoning; surface water management Definitions and rules of construction 1-2 C-3 Regional Business District 45-34.1(8) SIGNS AND BILLBOARDS STREETS, SIDEWALKS AND PUBLIO Code enforcement board, applicability re.. 2-173 PLACES Country club; provisions re signs......... 9-2 Code enforcement board, applicability re.. 2-173 Outdoor displays. See herein: Signs and Definitions and rules of construction 1-2 Do s on streets and sidewalks 4-28(a) ~=y< Outdoor Displays g Parking in violation of signs 18-36 Excavations Parks, regulations re traffic signs 20-5(3) Definition 24-16 Signs and outdoor displays Equipment to be guarded 24-18 Construction standards 6-117 Liability of village 24-20 Design standards 6-117 Permits Exempt signs 6-112 Fees 24-29 Location standards 6-117 Required.......................... 24-28 Measurement determinations 6-116 Protective measures 24-19 Permitted permanent accessory signs 6-115 Refilling, tamping by excavator........ 24-17 Permitted temporary si 6-114 Resurfacing by village 24-17 ~ " Handbills; distribution restricted......... 19-7 Prohibited signs 6-113 Hitchhiking prohibited.................. 19-6 Provisions generally 6-111 Purpose and scope of regulations...... 6-110 Landscaping 27-31 et seq. Severability 6-118 See: LANDSCAPING Missiles, throwing 19-83 Zoning Motor vehicles and traffic 18-16 et seq. C-3 Regional Business District 45-34.1(7) See: MOTOR VEHICLES AND TRAF- SOCIAL SECURITY FIC Agreement authorized 2-138 Obstructing passageway................. 19-47 Appropriations by village 2-140 Profanity; vulgar language prohibited 19-65 Public services department Declaration of policy 2-136 Division of permits and inspections 2-85(1) ' Exclusions from coverage 2-137 Streets maintenance division.......... 2-85(6) Records and reports 2-141 Sidewalks and driveways Social security act adopted 2-143 Withholding and reporting agent......... 2-142 Dangerous or abandoned driveways.... 24-46 Performance of work by village upon Withholding from wages 2-139 failure of compliance 24-47 SPITTING Permits Spitting in public places prohibited....... 19-5 Driveway construction Application; information required. 24-58 STATE Prohibited in certain instances 24-57 - -= j Definitions and rules of construction 1-2 Required 24-56 1 Supp. No. 31 2952 r r y~,, i, e~F~ r _ _ CODE INDEX Section Section STREETS, SIDEWALKS AND PUBLIC PLACES (Cont'dJ Separate permits required for drive- ways and sidewalk construction 24-55 Sidewalks Constructed required in certain cases 24-41 Exceptions to requirements......... 24-42 Specifications Driveways 24-43(c) Generally 24-43(a) Sidewalks 24-43(b) Village engineer, driveways to be con- structed under supervision of..... 24-44 1 Supp. No. 31 2952.1 li i I T . F~f Z I _~F._ ~ ~ .~:~.- ' 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 ~t seq. protection and preservation See: UTILITIES Application procedure for vegetation SUBDIVISIONS (Generally) removal unrelated to building 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 duringconstruc- Zoning regulations 45-1 et seq. 36-38.1(4) See: ZONING (Appendix C) tion......... . Vegetation removal permit, applica- SUBDIVISIONS (Appendix B) tion procedure 36-38.1(2) (Note-Section contained herein refer to Required improvements 36-37 sections found within Appendix B) Vegetation. See within this subheading: t Amendments Land Clearing, Vegetation and Public hearing required 36-39.1 Wildlife Protection and Preserva- 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 Protee- 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 rights-of--way Effective date 36-42 Access waterways 36-22(e) Saving clause........................ 36-40 Drai.Wage 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- Residence lots, 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 _J; Supp. No. 25 2953 E_ - NORTH PALM BEACH CODE Section Section ~ SUBDIVISIONS (Appendix B) (Confd:) SWEAR OR SWORN. See: OATH, AFFIRMA- j Preliminary plat procedure TION, SWEAR OR SWORN Application for preliminary plat ap- SWIlVIMING proval 36-10(1) Developments of regional impact.... 36-10(2) Bathing regulations; diseased persons pro- Effect of approval 36-10(9) hibited from bathing in public pool, etc . 19-3 f Failure of planning commission to , take action 36-10(8) Restricted waters, swimming in.......... 5-3 j Fees 36-10(3) SWIMMING POOLS Notification of action 36-10(7) gamer/fencing requirements 25-5 ~ Planning commission action 36-10(6) Code enforcement board, applicability re.. 2-173 Planning commission review......... 36-10(5) Construction 25-4 Review comments 36-10(4) Country club premises regulations 9-1 Preliminary plat specifications 36-11 Definitions 25-1 Qualification of person making survey . 36-8 Elevation 25-6 Reversion of subdivided land to acreage 36-16 Final approval 25-7 Purpose and intent 36-4 Grade.................................. 15-11 Required improvements Permits 25-3 Bikeways 36-29.1 Setbacks.........................~...... 25-2 Bridges 36-30 General requirements 36-26 SWITCHBLADE KNIVES Monuments Sale prohibited 19-185(a) Permanent control points........... 36-27(b) Permanent reference monuments ..-. 36-27(a) T Planned unit development alternatives. 36-34 Screening walls and landscaping 36-33 TAXATION Sidewalks 36-29 Insurance excise taxes 26-16, 26-17 Storm water management 36-31 Occupational licenses 17-16 et seq. w'' Streets See: LICENSES AND PERMITS Arterial and collector streets........ 36-28(a) Pension and certain other benefits for fire Curb and gutter 36-28(c) and police employees ` Marginal. access streets 36-28(b) Tax on insurers 2-167 Pavement base 36-28(f) Telecommunications service tax Subgrade 36-28(e) Collection............................ 26-52 Swales 36-28(d) Compensation........................ 26-54 Wearing surface . 36-28(x) Exemptions 26-53 Utilities Levy 26-51 Sanitary sewer 36-32(a) Rate 26-51 Septic tanks 36-32(e) Utility tax.............................. 26-29 et seq. Underground utilities 36-32(d) See: UTILITY TAX Water and sewer systems........... 36-32(c) Water supply . 36-32(b) TELECOMMUNICATIONS Wells _ Compliance with other laws; police power. 29-10 Individual wells prohibited in cer- Construction bond 29-13 taro areas of village 36-32(f) Definitions 29-3 Short title 36-1 Enforcement remedies................... 29-15 SUITS AND OTHER PROCEEDINGS Fees and payments 29-5 Code enforcement board Force majeure 29-16 Limitations on actions for mone 'ud Insurance; surety; indemnification 29-12 yJ g Intent and purpose 29-2 menu 2-182 Registration............................ 29-4 SURVEYS, MAPS A1`TD PLATS Involuntary termination 29-9 Official zoning map 45-17 Reports and records.........:........... 29-6 Subdivision regulations 36-7 et seq. Rights-of--way, use 29-8 See: SUBDIVISIONS (Appendix B) Security fund 29-14 Service tax, generally 26-51 et seq. SWALE AREAS See: TAXATION Sodding required in certain instances 24-3 Title 29-1 -- Trees in swale areas 27-16 et seq. Transfer of control; sale or assignment 29-11 See: TREES AND SHRUBBERY Underground installation; relocation 29-7 Supp. No. 25 2954 = , j ,y j ~ CODE INDEX Section Section ZONING (Appendix C) ZONING (Appendix C) (Cont'dJ (Note-Section references herein are exclu- C-3 Regional Business District sive to Appendix C) Height 45-34.1(5) Adult entertauunent establishments Landscaping 45-34.1(4) Administrative requirements; supple- Location of business for retail sales of mental alcoholic beverages 45-34.1(9) Plan review 45-20(8)(b) Lot coverage; maximum............... 45-34.1(6) Rules of construction 45-20(8)(a) Off-street loading and internal circula- Definitions 45-20(3) tion 45-34.1(3) Disclosure of names aliases and dates of Off-street parking 45-34.1(2) birth of employees 45-20(10) permitted uses....................... 45-34.1(1) Display or expostu•e of specified anatom" Setbacks 45-34.1(5) ical area 45-20(9) Signs................................ 45-34.1(7) Enforcement 45-20(11) Special C-3 Plaimed Unit Development Fuidings of fact 45-20(2) (per} provisions 45-34.1(10) Legislative intent 45-20(1) Surface water management 45-34.1(8) Measurement of distance 45-20(5) C-A Commercial District Nonconforming uses 45-20(7) Architecture 45-31(J) Prohibited locations 45-20(4) Conditions for permitted uses 45-31(C) Variance, none 45-20(6) Floor area 45-31(I) Alcoholic beverages. See also that subject General description 45-31(A) Location of business for retail sales of Height 45-31(D) alcoholic beverages 45-20(2), 45- Off-street arkm and loadui 45-31(G) 36.N P g g C-3 Regional Business Distinct...... 45-34.1(9) Off-street parking .lot layout, construc- Amendments tion and maintenance............ 45-31(H) Changes and amendments 45-5 Permitted uses 45-31(B) Fees; waiting periods Yards and open spaces 45-31(F) Application for variances 45-50 CB Commercial District Applications for rezoning, etc........ 45-49 Architecture 45-31.1(J) Antenna and antenna towers 45-21 Conditions for permitted uses 45-31.1(C) Architecture Floor area 45-31.1(I) C-A Commercial District 45-31(J) General description................... 45-31.1(A) CB Commercial District 45-31.1(J) Height............................... 45-31.1(D) Buildings Off-street parking and loading 45-31.1(G) C-1 Neighborhood Commercial District. 45-33(C) Off-street parking lot layout, construc- District regulations, buildings and uses tion and maintenance............ 45-31.1(H) to conform to 45-19 Permitted uses....................... 45-31.1(B) Floor area regulations. See herein: Floor Site area 45-31.1(E) Area Yards and open spaces 45-31.1(F) Height regulations. See herein: Height CC Transitional Commercial District Nonconforming uses of land and strut- Building height regulations 45-32.1(D) tures. See herein that subject Building site area regulations 45-32.1(E) Site area regulations. See herein: Site Conditions for permitted uses 45-32.1(C) Area General description 45-32.1(A) C-1 Neighborhood Commercial District Off-street parking layout 45-32.1(H) Building and floor area regulations 45-33(C) Off-street parking regulations 45-32.1(G) Floor area 45-33(F) Uses permitted....................... 45-32.1(B) Heights 45-33(B) Yards.....................,.......... 45-32.1(F) Off-street parking • 45-33(E) Changes and amendments............... 45-5 Permitted uses 45-33(A) Commercial .District Conditions for permitted uses....... 45-33(G) Development standards 45-34(B} Yard space regulations 45-33(D) Use and operating restrictions......... 45-34(C) C-lA Limited Commercial District Uses permitted 45-34(A) Conditions for permitted uses 45-32(G) Conflict of provisions 45-4 Floor area 45-32(F) C-OS Conservation and Open Space Dis- Height 45-32(B} trict Permitted uses 45-32(A) Coastal zone protection 45-35.2(C) 'Site area 45-32(C) Intent 45-35.2(A) k Yards and open spaces 45-32(D) Permitted uses....................... 45-35.2(B) Stipp. No. 2s 2965 I'~ NORTH PALM BEACH CODE Section Section ZONING (A endix C) (Cont dJ ZONING (A endix C) (Cont d.) PP PP Definitions 45-2 Architectural elements Adult entertainment establislunents 45-20(3) Architectural elements 5-5 Rules of construction 45-20(8)(a) Building color and. finish 5-4 Historic site overlay district....... , 45-37(b) Building facade/elevation........... 5-3 Districts Defnutions 5-8 Division of village into districts........ 45-16 Design treatments 5-2 Enumerated 45-16 General provisions......,.....,.... 5-1 See also specific districts as uidexed Preferred roof materials/styles...... 5-7 General provisions 45-36 Window/door treatments 5-6 Floor area Consistency with comprehensive land C-1 Neighborhood Commercial District. 45-33(C), (F) use plan Art. 2 C-lA Limited. Commercial District 45-32(F) Established Art. 1 C-A Commercial District 45-31(I) General provisions CB Commercial District 45-31.1(I) Applicability....................... 3-1 R-2 Multiple-Family Dwelling District . 45-28(E) Procedure and regulations 3-2 R-3 Apartment Dwelling District 45-30(F) Landscape elements Height Administration 6-2 C-1 Neighborhood Commercial District. 45-33(B) Foundation landscaping and plant- C-lA Limited Commercial District.:... 45-32(B) wigs 6-12 C-3 Regional Business District........ 45-34.1(5) Intent 6-1 C-A Commercial District 45-31(D) Irrigation 6-14 CB Commercial District 45-31.1(D) Landscape requirements for off-street CC Transitional Commercial District 45-32.1(D) parking areas 6-10 R-1 Single-Family Dwelling Districts 45-27(B) Maintenance 6-13 R-2 Multiple-Family Dwelling District . 45-28(B) Minimum landscape buffer and plant- R-3 Apartment Dwelling District 45=30(B) ing requirements 6-11 Historic site overlay district Minimum landscape requirements 6-8 Definitions 45-37(b) Miscellaneous landscape elements... 6-9 Local register of historic sites New construction and substantial re- Creation of 45-37(C) vision........................ 6-5 ' Initiation of placement on 45-37(D) Nonconforming landscape areas..... 6-3 Placement on 45-37(E) Preferred landscape palette......... 6-7 Certificate of appropriateness....... 45-37(H) Prohibited and standard invasive Criteria for listing on 45-37(F) plants.............:.......... 6-6 Effect of listing on 45-37(G) Pruning........................... 6-15 Purpose 45-37(a) Tree and plant installation 6-4 Interpretation of provisions 45-3 Signage and outdoor displays Landscaping Accessory signs 7-5 C-3 Regional Business District 45-34.1(4) Appearance 7-2 Loading, off-street. See herein: Off-Street Business signs 7-6 Loading and Internal Circulation Definitions 7-11 Lots Design, construction, and location ~ C-3 Regional Business District........ 45-34.1(6) standards 7-9 CB Commercial District 45-31.1(H) Exempt signs...................... 7-3 Nonconforming lots of record 45-62 Exterior architectural lighting 7-10 Map General provisions 7-1 Official zoning map. See herein that Measurement determuiations 7-8 subject Street numbers 7-7 t Nonconforming uses of land and structures Temporary signs 7-4 i Adult entertainment establishments 45-20(7) Site plan elements Art. 8 ~ Extension and enlargement 45-61 Braiding orientation and placement . 8-2 i Intent 45-60 General design 8-1 1, Land, nonconforming uses of 45-63 Off-street parking areas 8-3 J Lots of record nonconformin 45-62 Pedestrian anienities 8-4 r ! Repairs and maintenance 45-66 Site and street furniture 8-5 Structures and premises in combina_ Zoning regulations Development review regulations 4-1 tion, nonconfornng uses of 45-65 4 Structures, nonconformin Land use chart 4-2 ; g............ 45-64 - Temporary uses 45-67 ,,c f ~ Sapp. No. 28 2966 ~ ~ ~- CODE INDEX Section Section ZONING (Appendix C) (Cont'dJ ZONING (Appendix C) (Cont'd.) Use definitions and supplemental reg- Public district ulations 4-3 Restricted uses....................... 45-35 Northlake Boulevard overlay zoning dis- R-1 Single-Family Dwelling Distinct trict (NBOZ) 45-35.3 Annexed land in...................... 45-20 Oceanfrontland Height 45-27(B) Ocean.setback 45-22 Off-street parking.................... 45-27(E) Official zoning map Permitted uses 45-27(A) Adopted by reference 45-17(1) Site area............................. 45-27(C) Boundary conflict interpretations 45-18 Yards and open spaces 45-27(D) Buildings and uses to conform to district R-2 1Vl ultiple-Family Dwelling District regulations 45-19 Community residential home regula- Changes 45-17(3) bons 45-28(G) Damaged, destroyed, etc 45-17(5) Floor area 45-28(E) Identification 45-17(2) Height............ 45-28(B) Location; fmal authority 45-17(4) Off-street parking 45-28(F) Off-street loading and internal circulation Permitted uses 45-28(A) C-3 Regional Business District........ 45-34.1(3) Site area 45-28(C) Off-street parking Yards and open spaces 45-28(D) C-1 Neighborhood Commercial District. 45-33(E) R-3 Apartment Dwelling District C-lA Limited Commercial District 45-32(E) Floor area 45-30(F) C-3 Regional Business District........ 45-34.1(2) Height 45-30(B) Off-street parking 45-30(E) C-A Commercial District 45-31(G), (H) permitted uses 45-30(A) CB Commercial District 45-31.1(G), (H) Site area............................. 45-30(C) CC Transitional Commercial District 45-32.1(G), (H) yards and open spaces . 45-30(D) R-1 Single-Family Dwelling Districts 45-27(E) Setbacks R-2 Multiple-Family Dwelling District . 45-28(F) C-3 Regional Business District 45-34.1(5) R-3 Apartment Dwelling District 45-30(E) Oceanfront land 45-22 Open spaces. See herein: Yards and Open Short title 45-1 Spaces Signs Parkmg C-3 Regional Business District 45-34.1(7) Off-street loading and internal circula- Site area tion. See herein that subject C-lA Limited Commercial District..... 45-32(C) Off-street parking regulations. See herein: C-A Commercial District 45-31(E) Off-Street Parking CB Commercial District 45-31.1(E) Permitted uses CC Transitional Commercial District 45-32.1(E) Automotive Commercial District....... 45-34(A) R-1 Single-Family Dwelling Districts 45-27(C) C-1 Neighborhood Commercial District. 45-33(A), (G) R-2 Multiple-Family Dwelling District . 45-28(C) C-1A Limited Commercial District..... 45-32(A), (G) R-3 Apartment Dwelling District 45-30(C) C-2 General Commercial District 45-34(A) Surface water management C-3 Regional Business District 45-34.1(1) C-3 Regional Business District 45-34.1(8) C-A Conunercial District 45-31(B), (C) Telecommunications antenna and antenna CB Commercial District 45-31.1(B), (C) towers 45-21 CC Transitional Commercial District 45-32.1(B) Violation and penalty 45-6 C-OS Conservation and Open Space Dis- Yards and open spaces trict 45-35.2(B) C-1 Neighborhood Commercial District. 45-33(D) R-1 Single-Family Dwelling Districts 45-27(A) C-lA Limited Commercial District 45-32(D) R-2 Multiple-Family Dwelling District . 45-28(A) C-A Commercial District 45-31(F) R-3 Apartment Dwelling District 45-30(A) CB Commercial District 45-31.1(F) Planned unit development CC Transitional Commercial District 45-32.1(F) C-3 Regional Business District 45-34.1(10) R-1 Single-Family Dwelling Districts 45-27(D) Filing of application 45-35.1(II) R-2 Multiple-Family Dwelling District . 45-28(D) ~ Planning commission R-3 Apartment Dwelling District 45-30(D) _,1 Action of 45.35.1(l~ Referral to 45-35.1(III) ~ Statement of intent 45-35.1(I) Village council -~` Action of 45-35.1(V) ~t ; " Effect of approval o£ 45-35.1(VI) ' ,~1 Supp. No. 25, Add ~ ~ 2967 t;. r. --- s~ ~ ___---