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Pages Replaced by Supplement #35 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 77 OC iii 1 79, 80 OC v, vi OC 81, 82 25 vii, viii OC 83 25 ix OC 133 33 x.i, x.ii 1 134.1, 134.2 34 x.iii 1 135, 136 34 xi, xii 33 136.1, 136.2 24 xiii, xiv 33 137, 138 33 xv, xvi 33 138.1, 138.2 33 1 25 138.3 30 3, 4 25 139, 140 34 5, 6 25 140.1, 140.2 28 7, 8 25 141, 142 33 9, 10 29 142.1 33 10.1, 10.2 33 143, 144 31 10.3 33 144.1, 144.2 31 11, 12 25 144.3 31 13, 14 25 145, 146 32 15, 16 33 147, 148 32 16.1 33 148.1 32 17, 18 25 149, 150 29 19 25 150.1, 150.2 31 65 33 151 31 Supp. No. 34 [1] .- NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 153, 154 26 401, 402 OC 155, 156 26 403 OC 156.1, 156.2 26 453 OC 157, 158 32 455, 456 22 158.1 32 507 22 159, 160 25 509, 510 33 161, 162 25 511 22 559 17 161, 162 25 561, 562 24 163, 164 33 563, 564 24 164.1 33 615 OC 165, 166 25 617, 618 OC 167, 168 25 619, 620 29 169 25 671 2 211 OC 673 24 213, 214 19 695 13 263 OC 697 13 265, 266 OC 723 24 267, 268 27 725, 726 33 269 27 727, 728 5 319 29 729 5 321, 322 17 777 OC 323, 324 33 779, 780 OC 325, 326 32 781, 782 OC 326.1 32 783, 784 OC 327, 328 27 785, 786 OC 329, 330 27 787, 788 OC 331, 332 27 789 OC 332.1 27 839 OC 333, 334 32 889 OC 335 32 891, 892 33 381 23 892.1 33 383, 384 33 893, 894 OC 385 24 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 33 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 398.11, 398.12 33 1051 33 398.13, 398.14 33 1053, 1054 31 398.14.1, 398.14.2 33 1054.1, 1054.2 31 2~Q 1~, 398.1V 33 1V54.3, 1V54.4 31 cJ?V. J 398.17, 398.18 33 1055, 1056 33 399, 400 OC 1057, 1058 33 Supp. No. 34 [2] I CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1059, 1060 33 1463 OC 1060.1, 1060.2 33 1465, 1466 OC 1060.3, 1060.4 33 1517 OC 1060.5 33 1519, 1520 OC 1061, 1062 8 1521, 1522 27 1063,1064 8 1523 27 1121 OC 1573 24 1171 OC 1575, 1576 29 1173,1174 28 1627 9 1175, 1176 30 1629, 1630 27 1177 30 1631 27 1225 31 1681 OC 1227, 1228 31 1683, 1684 33 1228.1 31 1684.1, 1684.2 24 1229, 1230 21 1685, 1686 OC 1231, 1232 21 1687, 1688 17 1233, 1234 33 1689, 1690 17 1235,1236 30 1739 14 1236.1 30 1741, 1742 21 1237,1238 16 1781 21 1239, 1240 33 1783, 1784 21 1241, 1242 33 1785, 1786 33 1289 3 1787,1788 33 1291, 1292 OC 1788.1 33 1293, 1294 29 1789, 1790 21 1295 29 1791,1792 21 1343 4 1793, 1794 21 1345, 1346 22 1795, 1796 21 1346.1 22 2043 OC 1347, 1348 29 2045, 2046 33 1349, 1350 33 2046.1 25 1351, 1352 33 2047, 2048 OC 1353, 1354 33 2049, 2050 OC 1355, 1356 33 2051, 2052 OC 1356.1 33 2053 OC 1357, 1358 OC 2353 OC 1359, 1360 33 2355, 2356 OC 1361, 1362 33 2357, 2358 33 1363, 1364 33 2359, 2360 33 1365, 1366 33 2361, 2362 33 1366.1, 1366.2 33 2363, 2364 33 1366.3, 1366.4 33 2364.1 33 1367 5 2365, 2366 OC 1411 OC 2367, 2368 29 Supp. No. 34 [3] i ~ NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2368.1 1 2510.25, 2510.26 25, Add. 2369, 2370 OC 2510.27, 2510.28 25, Add. 2371, 2372 OC 2510.29, 2510.30 25, Add. 2373, 2374 33 2510.31, 2510.32 25, Add. 2375, 2376 33 2510.33, 2510.34 25, Add. 2377, 2378 33 2510.35, 2510.36 25, Add. 2379 33 2510.37, 2510.38 25, Add. 2479 9 2510.39, 2510.40 25, Add. 2481, 2482 23 2510.41, 2510.42 25, Add. 2483, 2484 23 2510.43, 2510.44 25, Add. 2485, 2486 23 2510.45, 2510.46 25, Add. 2486.1, 2486.2 23 2510.47, 2510.48 25, Add. 2486.3, 2486.4 33 2510.49, 2510.50 25, Add. 2486.5, 2486.6 33 2510.51, 2510.52 25, Add. 2486.7 33 2510.53, 2510.54 25, Add. 2487, 2488 OC 2510.55, 2510.56 25, Add. 2488.1, 2488.2 18 2510.57, 2510.58 25, Add. 2489, 2490 18 2511, 2512 30 2491, 2492 18 2512.1, 2512.2 23 2493, 2494 18 2512.3, 2512.4 33 2495, 2496 18 2512.5, 2512.6 33 2497, 2498 32 2512.7 33 2499, 2500 32 2513, 2514 OC 2500.1 32 2515, 2516 22 2501, 2502 25 2517, 2518 22 2503,2504 28 2619 21 2504.1, 2504.2 29 2819, 2820 34 2504.3 28 2869, 2870 OC 2505, 2506 10 2871 OC 2507, 2508 13 2873 OC 2509, 2510 32 2875, 2876 OC 2510.1, 2510.2 32 2877, 2878 OC 2510.2.1 32 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, 2890 33 2510.13, 2510.14 25, Add. 2891 34 2510.15, 2510.16 25, Add. 2933, 2934 25 2510.17, 2510.18 25, Add. 2935, 2936 33 n~yn ~n n~~n nn naa nn nn o 0 GJ 1V. 1.7, GJ IV.GV GJ, ALLLL. 6.737, 6.730 J3 2510.21, 2510.22 25, Add. 2939, 2940 33 2510.23, 2510.24 25, Add. 2941, 2942 34 Supp. No. 34 [4] I CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 2943, 2944 33 2945, 2946 33 2947, 2948 33 2949, 2950 33 2951, 2952 33 2953, 2954 33 2954.1 33 2955, 2956 31 2965, 2966 33 2967 33 Supp. No. 34 [5] i� l i �, ADMINISTRATION § 2-165 (d) Forfeitures. Any forfeitures arising shall be the system. The fiscal year for the keeping of applied to reduce future contributions to the plan. records and rendering reports shall be from Octo- No forfeited amount shall be applied to change ber 1 through September 30. benefit amounts for members. (Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, (c) Board meetings. The board shall meet at 12-11-86; Ord. No. 1-92, § 5, 2-13-92; Ord. No. least quarterly each year. All board meetings 30-95, § 4, 10-12-95; Ord. No. 29-96, § 1, 7-25-96) shall be held at village hall. At any meeting of the board, three (3) trustees shall constitute a quo- rum. Any and all acts and decisions shall be by at Sec. 2-164. Board of trustees-Generally. least three (3) members of the board; however, no trustee shall take part in any action in connection (a) Composition. The board of trustees shall with his or her own participation in the plan, and consist of five (5) members: four (4) of whom shall no unfair discrimination shall be shown to any be elected by a majority of the members of the individual participating in the plan. plan. Two (2) of the elected members shall be certified firefighters of the village, and two (2) (d) Power to bring and defend lawsuits. The shall be certified police officers of the village. The board shall be a legal entity with, in addition to fifth member of the board shall be a legal resident other powers and responsibilities contained herein, of the village and shall be appointed by the village the power to bring and defend lawsuits of every council. Each of the elected board members shall kind, nature and description. The board shall be be appointed for a period of two (2) years, unless independent of the village to the extent required he sooner leaves the employment of the village or to accomplish the intent, requirements, and re- forfeits membership on the board, whereupon a sponsibilities provided for in this article and ap- successor shall be elected by a majority of the plicable law. members of the plan. Each of the elected board (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1, members may succeed himself in office. The res- 9-10-87; Ord. No. 1-92, § 6, 2-13-92; Ord. No. ident member shall be a trustee for a term of two 22-98, § 1, 9-24-98; Ord. No. 06-2002, § 3, 2-28-02; (2) years unless he forfeits membership on the Ord. No. 2006-04, § 1, 3-23-06; Ord. No. 2006-07, board and he may succeed himself in office. The § 2, 3, 5-25-06) resident member shall be appointed by the village council for a term commencing October 1, 1998, Sec. 2-165. Prior service. and expiring Apri130, 1999. The resident member shall be appointed by the village council fora Unless otherwise prohibited by law, the years two-year term commencing May 1, 1999, and on or fractional parts of years that a member previ- the first day of May of each second year thereaf- ously served as a firefighter, police officer or ter. The resident member shall hold office at the public safety officer with the village during a pleasure of the village council. The fifth member period of employment and for which accumulated shall have the same rights as each of the other contributions were withdrawn from the fund, or the years and fractional parts of years that a four (4) members appointed or elected as herein member served as a firefighter, police officer or provided. The trustees shall by majority vote elect public safety officer for this or any other munici- from its members a chairman and a secretary. pal, county or state fire, police or public safety The secretary of the board shall keep a complete department, or any time served in the military minute book of the actions, proceedings, or hear- ings of the board. The trustees shall not receive service of the armed forces of the United States, shall be added to the years of credited service any compensation as such, but may receive ex- provided that: penses and per diem as provided by law. . (1) The member contributes to the fund the (b) Report and records. The secretary of the sum that would have been contributed, board shall keep, or cause to be kept in convenient based on the member's salary and the form, .such data as shall be necessary for an employee contribution rate in effect at the actuarial valuation of the assets and liabilities of time that the credited service is re- Supp. No. 32 157 § 2-165 NORTH PALM BEACH CODE quested, had the member been a member Sec. 2-166. Same-Power and authority. of this system for the years or fractional parts of years for which the credit is The board shall be the administrator of the requested plus amount actuarially deter- system and, as such, it shall be solely responsible mined such that the crediting of service for administering the pension fund. The board does not result in any cost to the fund plus shall have the power and authority: payment of costs for all professional ser- (1) To invest and reinvest the assets of the vices rendered to the board in connection pension fund in: with the purchase of years of credited a. Time or savings accounts of a na- service. tional bank, a state bank insured by (2) Payment by the member of the required the Federal Deposit Insurance Cor- amountmay bemadewithin six (6) months poration, or a savings, building and of the request for credit and in one lump loan association insured by the Fed- sum payment, or the member can buy eral Deposit Insurance Corporation. back this time over a period. equal to the length of time being purchased or five b. Obligations of the United States or years, whichever is greater, at an interest obligations guaranteed as to princi- rate which is equal to the fund's actuarial pal and interest by the Government assumption. A member may request to of the United States. purchase some or all years of service. No c. Bonds, stocks, or any other evi- credit shall be given for any service until dences ofindebtedness issued or guar- all years of service which are to be repur- anteed by a corporation organized chased, have been repurchased. under the laws of the United States, (3) The credit purchased under this section any state or organized territory of shall count for all purposes, except vest- the United States, or the District of ing. Columbia, provided: (4) In no event, however, may credited ser- 1. The corporation is listed on any vice be purchased pursuant to this section one (1) or more of the recog- for prior service with any other munici- nized national stock exchanges pal, county or state fire, police or public and holds a rating in one of the safety department, if such prior service three (3) highest classifications forms or will form the basis of a retire- by a major rating service; and went benefit or pension from another The board shall not invest more retirement system or plan. than five (5) percent of its as- (5) If a member who has either completed the sets in the common stock, cap- purchase of service or is in the process of ital stock, bonds or indebted- purchasing service terminates service for ness of any one (1) issuing any reason, including death or disability, company, nor shall the aggre- before vesting, the member's contribu- gate investment in any one (1) tions will be refunded, including the issuing company exceed five (5) buyback contributions. percent of the outstanding cap- (6) A request to purchase service ma_y be ital stock of that company, nor made at any time during the course of shall the aggregate of its invest- employment. However, the buyback is a ments in equities at cost exceed one time opportunity. sixty (60) percent of the pen- (Ord. No. 2-2003, § 1, 1-23-03) sion fund's assets. Editor's note-Prior to amendment section 7 of Ord. No. 1-92, adopted Feb. 13, 1992, repealed former § 2-165, relative (2) To issue drafts upon the pension fund to additional rules and regulations, which derived from Ord. pursuant to this article and rules and / No. 9-82, § 7, adopted June 10, 1982. regulations prescribed by the board. All Supp. No. 32 158 I ADMINISTRATION § 2-166 such drafts shall be consecutively num- bered, be signed by the chairman and secretary or their designee, and state upon their faces the purpose for which the drafts are drawn. The village finance di- rector or other depository of the village shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn from the pension fund. (3) To finally decide all claims to relief under this article and under the board's rules and regulations. (4) To convert into cash any securities of the pension fund. (5) To keep a complete record of all receipts and disbursements and of the board's acts and proceedings. (6) To recommend an increase or decrease in the benefits payable hereunder, through the adaption of an amendment to this Supp. No. 32 158.1 i it 0 ADMINISTRATION § 2-168 article, but provided such action is based enacted a new § 2-167 in lieu thereof. The repealed provisions on an actuarial review by an enrolled Pertained to oaths of office, meetings and quorums of the actuary who is a member of the Society of board, and derived from Ord. No. 9-82, § 9, adopted June 10, 1982. Actuaries. (7) To retain, at least once every three (3) Sec. 2-168. Repeal or termination of plan. - - years, an independent consultant profes- - sionally qualified to evaluate the perfor- (a) This plan and subsequent amendments per- mance of professional money managers. taming to said plan, may be modified, terminated, The independent consultant shall make or amended, in whole or in part by the employer; recommendations to the board regarding Provided that if this plan shall be amended or the selection of money managers for the repealed in its application to any person benefit- - next investment term. -These recommen- ing hereunder, the amount of benefits which at dations shall be considered by the board the time of any such alteration, amendment, or at its next regularly scheduled meeting. repeal shall have accrued to the member or ben- The date, time, place and subject of this eficiary shall not be affected thereby, except to the meeting shall be advertised in a newspa- extent that the assets of the fund may be deter- per of general circulation in the munici- mined to be inadequate. pality at least ten (10) days prior to the (b) If this plan shall be repealed, or if contri- date of the hearing. butions to the plan are discontinued, the board (Ord. No. 9-82, § 8, 6-10-82; Ord. No. 12-85, 1, shall continue to administer the plan in accor- 2, 7-11-85; Ord. No. 1-92, § 8, 2-13-92; Ord. No. dance with the provisions of this plan, for the sole _ 08-2001, § 2, 4-12-01) benefit of the then members, beneficiaries then receiving retirement allowances, and any persons Sec. 2-167. Tax on insurers. who would in the future be entitled to receive - (a) There is hereby levied and imposed an benefits under one (1) of the options provided for excise tax upon every insurance company, corpo- in this plan who are designated by any of said ration or other insurer insuring loss against fire, members. In the event of repeal, or if contribu- tornado or windstorm or engaged in the business tions to the plan are discontinued, there shall be of casualty insurance. Such excise tax shall be in full vesting one hundred (100) percent of benefits an amount equal to the rate specified in Chapter accrued to date of repeal and the assets of the 175, Florida Statutes, multiplied by the gross Plan shall be allocated in an equitable manner to receipts of premiums from holders of insurance Provide benefits on a proportionate basis to the policies of fire and windstorm insurance, and the Persons so entitled to benefits in accordance with rate specified in Chapter 185, Florida Statutes, the provisions hereof. multiplied by the gross receipts of premiums from (c) The following shall be the order of priority holders of insurance policies of casualty insur- for purposes of allocating the assets of the plan ance. All such policies shall be upon property upon repeal of this plan or if contributions to the within the corporate limits of the village. Such plan are discontinued: excise tax shall be in addition to any and all excise taxes or license now levied or required by the (1) Members already retired under the retire- village. ment provisions of the plan and those eligible for normal or early retirement but (b) The proceeds of monies received under this not actually retired, and their beneficia- excise tax shall be received annually from the ries, in proportion to and to the extent of . State of Florida by the village and shall be depos- the then actuarially determined present ited to the pension fund no more than five (5) days value of the benefits payable. If any funds after receipt. remain, then (Ord. No. 1-92, 9, 10, 2-13-92) Editor's note-Section 9 of Ord. No. 1-92, adopted Feb. (2) Members who have at least ten (10) years 13, 1992, repealed former § 2-167, and § 10 of the ordinance of credited service, in proportion to and to Supp. No. 25 159 § 2-168 NORTH PALM BEACH CODE ` the extent of the then actuarially deter- (c) Pension validity. The board of trustees shall mined present value of their accrued ben- have the power to examine into the facts upon efits. If any funds remain, then which any pension shall heretofore have been (3) The accumulated contributions of the ac- gx'anted under any prior or existing law, or shall tive members less any benefits received, hereafter be granted or obtained erroneously, and less amounts apportioned in (2) and fraudulently,. or illegally for any reason. The board (3) above, in proportion to and to the is empowered to purge the pension roll of any extent of the then amount of such accu- person theretofore granted a pension under prior mulcted contributions. If any funds re- or existing law or hereafter granted under this main then plan if the same is found to be erroneous, fraud- , (4) All other members whose present value of ulent or illegal for any reason; and to reclassify accrued- benefits have not been covered in any pensioner who has heretofore under any prior a previous category in the same manner or existing law or who shall hereafter under this as in (2), plan be erroneously, improperly or illegally clas- sified. (d) After all the vested and accrued benefits provided hereunder have been paid and after all (d) Incompetents. If any member or beneficiary other liabilities have been satisfied, then and only is a minor or is, in the judgment of the board, then shall any remaining funds revert to the otherwise incapable of personally receiving and general. fund of the village, less return of state's giving a valid receipt for any payment due him contributions to the state, provided that, if the under the plan, the board may, unless and until excess is less than the total contributions made by claims shall have been made by a duly appointed the village and the state to date of termination of guardian or committee of such person, make such { the plan, such excess shall be divided proportion- payment or any part thereof to such person's ately to the total contributions made by the vil- spouse, children, trust or other person deemed by lage and the state. the board to have incurred expenses or assumed (e) The allocation of the fund provided for in responsibility for the expenses of such. person. this subsection may, as decided by the board, be ~Y Payment so made shall be a complete dis- carried out through the purchase of insurance charge of any liability under the plan for such company contracts to provide the benefits deter- Payment. mined in accordance with this subsection. The fund may be distributed in one (1) sum to the (e) Number and gender. When appropriate the persons entitled to such benefits or the distribu- singular in this plan shall include the plural and tion may be carried out in such other equitable vice versa, and the masculine shall include the manner as the board may direct. The trust maybe feminine and vice versa. continued in existence for purposes of subsequent distributions. (f) False or misleading statements made to (Ord. No. 9-82, § 10, 6-10-82; Ord. No. 20-82, § 2, obtain retirement benefits prohibited. 11-18-82; Ord. No. 1-92, § 11, 2-13-92) (1) It is unlawful for a person to willfully and Sec. 2-169. Miscellaneous, knowingly make, or cause to be made, or to asgigt, cr~ngpire with, nr urge anther to (a) Discharged members. Members entitled to make, or cause to be made, any false, a pension shall not forfeit the same upon dis- fraudulent, or misleading oral or written missal from the employer, but shall be retired as statement or withhold or conceal material herein described. information to obtain any benefit under (b) Non-assignability. No benefit provided for this plan. herein shall be pledgable, assignable or subject to (2) a. Aperson who violates subsection (f)(1) garnishment for debt or for other legal process. of this section commits a misde- Supp. No. 25 160 6 APPENDIX C-ZONING § 45-17 (2) That where this ordinance imposes a greater R-1 Single-family dwelling district restriction upon the use of buildings or premises, R-2 Multiple-family dwelling district or upon the height of buildings, or requires larger R-3 Apartment dwelling district open spaces than are imposed or required by C-A Commercial district other ordinances, rules, regulations or by ease- C-1A Limited commercial district ments, covenants, or agreements, the provisions CB Commercial district of this ordinance shall control. C-1 Neighborhood commercial district C-2 Automotive commercial district Sec. 45-5. Changes and amendments. C-3 Regional business district The village council may, from time to time, on P Public district -its own motion or on petition, amend, supple- C-OS Conservation and open space ment, change, modify or repeal by ordinance the CC Transitional commercial district boundaries or districts or regulations or restric- In the creation of this ordinance of the respec- tions herein established, after public hearing. tive districts, the village council has given due and careful consideration to the peculiar suitabil- Sec. 45-6. Penalty for violation of provi- ity of each district for the particular uses and lions. regulations applied thereto and to the densities of population, all in accordance with the comprehen- Any person who shall violate any of the provi- sive development plan of the village. sions of this ordinance or fail to comply therewith (Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1, or with any of the requirements thereof, or who 9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No. shall build or alter any building in violation of any 1-95, § 1, 3-23-95; Ord. No. 33-97, § 1, 7-10-97) detailed statement or plan submitted .and ap- proved thereunder, upon conviction thereof shall be punished as provided in section 1-8 [of the Sec. 45-17. Official zoning map. village Code], and each day such violation shall be (1) Adopted by reference. The aforesaid dis- permitted to exist shall constitute a separate tricts and the boundaries thereof are as shown offense. The owner or owners of any buildings or upon the "official zoning map" which, together premises or part thereof, where anything in vio- with all explanatory matter thereon, is hereby lation of this ordinance shall be placed, or shall adopted by reference and declared to be part of exist, and any architect, builder, contractor, agent, this ordinance as if the information set forth on person or corporation employed in connection the map was all fully described and set out therewith shall each be guilty of a separate of- herein. fense and upon conviction thereof shall be pun- ished as provided in section 1-8. (2) Ide~ztification. The official zoning map shall be identified by the signature of the mayor at- Secs. 45-7-45-15. Reserved. tested by the village clerk, and bearing the seal of the village under the following words: "This is to certify that this is the official zoning map referred ARTICLE II. GENERALLY to in section 3 of Ordinance No. 20 of the Village of North Palm Beach, Florida, as amended," to- Sec. 45-16. Division of village into districts; gether with the date of the adoption of this districts enumerated. ordinance. In order to classify, regulate and restrict the (3) Changes. uses of land and buildings, the height and bulk of (a) If, in accordance with the provisions of buildings, the amount of open spaces about build- this ordinance changes are made in dis- ings, intensity of land use, the Village of North trict boundaries or other matter por- Palm Beach, Florida is divided into twelve (12) trayed on the official zoning map, such zoning districts, as follows: changes shall be entered on a new official Supp. No. 23 2485 I ~ NORTH PALM BEACH CODE § 45-17 zoning map promptly after the amend- pertaining to its adoption or amendment. Each ment has been approved by the Village replacement official zoning map shall be num- Council. The new official zoning map shall bered in consecutive order as adopted. be adopted in accordance with provisions (Ord. No. 208-70, 3-12-70; Ord. No. 26-95, § 1, set forth in Section 45-17(5). 8-24-95) (b) No changes of any nature shall be made in Sec. 45-18. Boundary conflict interpreta- the official zoning map or matter shown thereon except in conformity with the tions. procedures set forth in subsection (3)(a). Where uncertainty exists as to the boundaries Any unauthorized change of whatever kind of any district shown upon the zoning map, the or any failure to make a change when following rules shall apply: directed by ordinance by any person or persons shall be considered a violation of (1) Where district boundaries are indicated this ordinance and punishable as pro- as following street, alley or lot lines, said vided under section 45-6 of this ordi- lines shall be construed to be such bound- . aries. nance. (4) Location; final authority. Regardless of the (2) Where any public street or alley is here- after officially vacated or abandoned, the existence of purported copies of the official zoning regulations applicable to each parcel of map which may, from time to time, be made or abutting land shall apply to the portion of published, the official zoning map which shall be such street or alley added thereto by vir- located in the office of the village clerk shall be tue of said vacation or abandonment. the final authority as to the current zoning status ~ of land and water areas; buildings, and other (3) Incase any further uncertainty exists, the structures in the village. village council shall interpret the intent of the map as to the location of such (5) Damaged; destroyed, etc. In the event that boundaries. the official zoning map becomes damaged, de- stroyed, lost or difficult to interpret because of the Sec. 45-19. Buildings and uses to conform to nature or number of changes and additions, the district regulations. village. council may, by resolution, adopt a new official zoning map which shall supersede the Except as hereinafter provided: prior official zoning map. The new official zoning A. No building shall be erected, reconstructed map may correct drafting or other errors or orris- or structurally altered, nor shall any build- sions in the prior official zoning map, but no such ing or land be used which does not comply corrections shall have the effect of amending the with the regulations for the district in original official zoning map or any subsequent which such building or land is located. amendment thereto. The new official zoning map shall be identified by the signature of the mayor B. No building shall be erected, reconstructed attested by the village clerk and bearing the seal or structurally altered to exceed the height of the village under the following words: "This is or bulk limits herein established for the to certify that this official zoning map supersedes district in which such building is located. i anr~ replareS the Q~rial zoning map adopted (date C. The m1nlm'.lm Qp°.,.^. spaQe.S around a main of adoption of map being replaced) as part of building as provided for in this ordinance Ordinance No. 20 of the Village of North Palm shall not be encroached upon or be con- Beach, Florida." sidered as open spaces for any other build- ~ ing. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map D. There shall not be more than one (1) main or any significant parts thereof remaining shall building and its customary accessory build- be preserved, together with all available records ing on a lot as defined by this ordinance. Supp. No. 23 2486 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-`L eh. 22I' 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 50.041L-181 App. B, Art. IV, 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 Gh. 17, Art. II - 161.053 6-1.54 205.043(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, 253.1`L5 7-19 § 36-16 280.02 2-4(t) App. B, Art. VI 286.011 2-1 163.01 2-4(t) Ch. 316 18-20 163.161 et seq. 21-O1 316.008 Ch. 18 ch. 163.170, App. B, Art. II, 316.272 19-117 §163.3164(17) § 36-10 316.293 19-117 163.225(3)(.a}-(c) 5-86 316.1955, 316.1956 18-37 163.295 6-150 320.01(1) 14-37 163.3161 et seq. Ch. 21, Art. II ch. 327 Ch. 5 163.3177 21-44 327.02 5-33 163.3178 6-155 335.06.5 App. B, Art. IV, 21-44 § 36-29.1 163.3180(12) 21-45 337.29 29-2 ch. 166 6-16 337.401 29-2,L9-3 Ord. No. 2478 § 3 29-6(a) 166.021 Ch. 17, Art. II 337.401(3) 28-3 166221 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 Gh.24 364.02 29-3 ch. 175 2-167 ch. 373 19-200 175.101 26-17 ch. 380 21-44 Supp. No. 34 2819 i NORTH PALM BEACH CODE Section Section this Code I 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-G 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 t 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, lliv. `L 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(() 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 C Supp. No. 34 2820 [The next page is 2869] i CODL COMPAItAPIVL TABLL Adoption Section Ord. No. Date Section this Code 8 19-221 9 29-5(a) 10 App. C, § 45-20(9), t10} 11 App. C, § 45-36 Q(5) 2007-01 1-11-07 2 Added 21-48 2007-03 2- 8-07 2 6-17 2007-10 4-12-07 1 2-52(a) 2 2-54f3) 2007-13 7-12-07 1, 2 2-1 (The next page is 2933 Supp. No. 34 2$91 I CODE INDEX Section Section TONING (Appendix C) (Gont'dJ ZONING (Appendix C) (Cont'd.) 'I.oning regulations \Tillage council Development review regulations 4-7. Action of 45-35.1(Vi Land use chart 4-2 L:fiect. of approval of................ 45-35.1(VI) Use definitions and supplemental reg- Public district ulations 4-3 R.est:ricted uses........................ 45-35 Nort:hlake Boulevard overlay zoning clis- R-] Single-Family Dwelling District trio (7VBOZ) 45-35.3 Annexed land in...................... 4.5-20 OceanE•rontland lleight 45-27CI3) Ocean soback 45-22 Off-si:reet parking.................... 45-27(E} Oflicial zoning map .Permitted uses 4<5-27(Al Adopted by reference 45-17(1) Site area...........-................. 45-27(C) Boundary conflict interpretatirxis...... 45-10 Yards and open spaces 45-27t_ll) Buildings and uses to conform to district R-2 14ultiple-Family Dwelling District re tlations 45.19 Communit}= residential home regula- gt Changes 45-17(3) tions 45-LS(G) Danzaged,destroyed, eta 4.5-19(5} Floor area 45-`LOCI)) Identiflcatinn 45-.17(2) Sleight............................... 45-LO(h) L.ocatimz; final authority 45-17(4) Ofl=street parking 45-28(F } Off-street. loading and internal circulation Permitted uses . 45-20(A! C-3 Regional Business District........ 45-34.1(3) Site area 45-20(C) Of£-street parking Yards and open spaces 45-25(lli ~ R.-3 Apartment: Dwelling llistrict G1 Neighborhood Commercial Distrtc.t. 4.r33(E ) Floor area 45-30(F) C-lA Limited Commercial .District 45-32(E) Hei«ht 45-30(8) C-3 Ketrienal Business District 45-34.7.(3) {)fI'-street •zz•lm 45-30t1?i C-A Cmnmercial District 45-31{Cr), (II) Permitted uses - 45-30(A) CB Commercial District 45-31.11G), tl3) Site area............................. 45-30(C) CC Transitional Commercial District 45-32.1.((x), (1I) yards and open spaces 45-30(D) R-1 Single-Family Dwelling Districts 45-27t1s) Setbacks R.-2 h4ultiple-Family Dwelling District . 45-28tP') C-3 Regional Business District 45-:34.115} IZ: 3 Apartment Ihvelling Dist=rict 45-30(1':) Oceanfront land 45-22 Open spaces. See herein: Yards and Open Short title 45-I Spaces Signs Parking C-3 Regional Business District 45-34.1(7) Of'f-street: loading and internal circula- Site area thin. See herein that subject: (r 7:A Limited Cmnmereial District 45-32(C•) Of'i"streetparkingreg'nlations.Seeherein: C-A Commercial District <1.5 ~31(E) Off-Street Parking CB Conunercial llistrict 45-31.1tL+') Permitted uses CC'l~~ansitional Commercial District 45-32.1tE) Automotive Conunercial District....... 4;i-34(Ai li-1 Single-family Dwelling Districts 45-27(C) Cf.l. Neighborhood. Commercial District. 45-33(A), (.(r) K-2 114uttiple-Family ll~+=elling .District . 45-28(Ci C-lA Limited Commercial llistrict..... 45-32tA), (G) 1?.-3 Apartment Dwelling District 45-3C(C) C-`L General Commercial District =15-34(11 i Surface water management: C-3 Regional Business District 4:i-34.7.(1.) C-3 Keg'ional Business District 45-34.1!8) C-A Commercial District . . 45-31(I3), (C) 'Telecommunications antenna and antenna CP, Commercial District 45-37..1(Bi, (C} towers 45-21 CC Transitional Conunea-r_ial District 45-32.1(33) Vialatinn and pemrity 45-f GOS Conservation and Open Space Dis- Yards and open. spaces trio 45-3.52(8) C-1 Neighborhood Ccinnnercial District. 45-33U)) R-1 Single-Family Dwelling Districts 45-27(A) G1A l,in?ited. Commerz~ia.l District..... 45-32(D) K-2 Multiple-Family Dwelling District . 45-`LSiAI C-A Conuuercial District 45-31(F) R.-3 Apartment Dwelling District 45-30(A} CB Commercial District 4:r31.1fF) Planned unit development CC Transitional Cvznmercial District 4:i-32.1!.Fi C-3 Kegimzal Business District 45-34.1(10) It-1 Single-Tamil}= Dw=elling Districts 45-27(D) .Filing of application 45-35.1(Il) R-2 &lultiple-Famil} Dot=elling J.)istrict . 45-28(D) Planning canunission R-3 Apartment Dwelling District 4.5-3{)iD) Action of 45.35.1(1V) Kelerralt:o 45-3.5.1(.111) Statement of intent 4'"i-35.1(1) Supp. No. 33 2967 �: I I i i i t