Code of Ordinances Supplement 58SUPPLEMENT NO. 58
June 2014
CODE OF ORDINANCES
Village of
NORTH PALM BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this
time through:
Ordinance No. 2014 -03, adopted April 10, 2014.
See the Code Comparative Table for further information.
Remove Old Pages Insert New Pages
Checklist of up -to -date pages Checklist of up -to -date pages
(following Table of Contents)
SH:1, SH:2 SH:1, SH:2
81 -83 81 -83
329- 332.1 329 -332.1
2893, 2894 2893, 2894
2939- 2942.1 2939- 2942.1
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 a page -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.
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Supp. No. 58
Supplement History Table
The table below allows users of this Code to quickly and accurately
determine what ordinances have been considered for codification in each
supplement. Ordinances that are of a general and permanent nature are
codified in the Code Book and are considered "Included." Ordinances that are
not of a general and permanent nature are not codified in the Code Book and
are considered "Omitted."
In addition, by adding to this table with each supplement, users of this Code
of Ordinances will be able to gain a more complete picture of the code's
historical evolution.
Ord. No.
Date
Adopted
Included/
Omitted
Supp. No.
2010 -18
10 -28 -10
Included
49
2010 -21
11 -18 -10
Included
49
2011 -01
1 -27 -11
Included
50
2011 -02
2 -10 -11
Included
50
2011 -03
2 -10 -11
Included
50
2011 -04
2 -10 -11
Included
50
2011 -05
4 -14 -11
Included
51
2011 -06
4 -14 -11
Included
51
2011 -07
4 -14 -11
Omitted
51
2011 -08
5 -12 -11
Omitted
51
2011 -09
5 -26 -11
Included
51
2011 -10
5 -26 -11
Included
51
2011 -11
6 -23 -11
Included
51
2011 -12
6 -23 -11
Omitted
51
2011 -13
7 -14 -11
Omitted
51
2011 -14
7 -14 -11
Included
51
2011 -15
5 -25 -11
Omitted
52
2011 -16
9 -22 -11
Omitted
52
2011 -17
9 -22 -11
Omitted
52
2011 -18
9 -22 -11
Included
52
2011 -19
10 -13 -11
Included
52
2011 -21
11 -10 -11
Included
52
2011 -22
12- 5 -11
Included
52
2010 -05
3 -11 -10
Included
53
2012 -01
1 -12 -12
Omitted
53
2012 -02
3- 5 -12
Included
53
2012 -03
3 -22 -12
Included
53
2012 -04
5 -10 -12
Included
54
2012 -05
6 -28 -12
Omitted
54
2012 -06
7 -26 -12
Included
54
2012 -07
7 -26 -12
Included
54
Supp. No. 58 SHa
NORTH PALM BEACH CODE
Ord. No.
Date
Adopted
Included/
Omitted
Supp. No.
2012 -08
8- 9 -12
Included
54
2012 -09
9 -27 -12
Omitted
55
2012 -10
9 -27 -12
Omitted
55
2012 -11
11- 5 -12
Omitted
55
2013 -01
1 -10 -13
Omitted
55
2013 -02
2 -14 -13
Included
55
2013 -03
3 -14 -13
Omitted
55
2013 -04
4 -25 -13
Included
55
2013 -05
3 -28 -13
Omitted
55
2013 -06
3 -28 -13
Omitted
55
2013 -07
4 -11 -13
Included
55
2013 -08
5- 9 -13
Omitted
56
2013 -09
5 -23 -13
Included
56
2013 -10
7 -11 -13
Omitted
57
2013 -11
5 -22 -13
Omitted
57
2013 -12
9 -26 -13
Omitted
57
2013 -13
9 -26 -13
Omitted
57
2013 -14
9 -26 -13
Included
57
2014 -01
1 -23 -14
Included
57
2014 -02
3 -27 -14
Included
58
2014 -03
4 -10 -14
Included
58
2014 -04
4 -10 -14
Omitted
58
Supp. No. 58 SH2
GENERAL PROVISIONS
to revive such former ordinance, clause or provi-
sion of this Code, unless it shall be expressly so
provided.
The repeal of an ordinance, clause or section of
this Code shall not affect any punishment or
penalty incurred before the repeal took effect, nor
any suit, prosecution or proceeding pending at the
time of the repeal, for an offense committed under
the ordinance, clause or section of this Code
repealed.
(Code 1970, § 1 -5)
Sec. 1 -5. Severability of parts.
If any phrase, clause, sentence, paragraph,
section or subsection of this Code shall be de-
clared unconstitutional or invalid by a court of
competent jurisdiction, such unconstitutionality
or invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, sections
or subsections of this Code.
(Code 1970, § 1 -6)
Sec. 1 -6. Amendments to Code.
(a) All ordinances passed subsequent to this
Code which amend, repeal or in any way affect
any section or subsection of this Code, shall be
numbered consecutively, but shall refer specifi-
cally to the section or subsection affected, and
printed for inclusion therein. When subsequent
ordinances repeal any chapter, section or subsec-
tion or any portion thereof, such repealed portions
shall be excluded from said Code by omission
from reprinted pages. The subsequent ordinances,
as numbered and printed, or omitted in the case
of repeal, shall be prima facie evidence of such
subsequent ordinances until such time as this
Code and subsequent ordinances numbered or
omitted are readopted as a new code by the village
council.
(b) Amendments to any of the provisions of
this Code shall be made by amending such provi-
sions by specific reference to the section number
of this Code in the following language: "That
Section of the Village of North Palm
Beach Code is hereby amended to read as follows:
.... " The new provisions shall then be set out in
full.
Supp. No. 58 S1
§ 1 -8
(c) In the event a new section not heretofore
existing in the Code is to be added, the following
language shall be used: "That the Village of North
Palm Beach Code is hereby amended by adding a
new section to be numbered Section ,
which said Section shall read as follows: ...."
The new section shall then be set out in full.
(d) All sections, articles, chapters or provisions
desired to be repealed shall be specifically re-
pealed by section, article or chapter number in
the following language: "That Section (Chapter or
Article) of the Village of
North Palm Beach Code is hereby repealed."
(Code 1970, § 1 -7)
Sec. 1 -7. Altering Code.
No person in the village shall change or amend,
by additions or deletions, any part or portion of
this Code, or insert or delete pages, or portions
thereof, or alter or tamper with such Code in any
manner whatsoever which will cause the law of
the village to be misrepresented thereby.
(Code 1970, § 1 -8)
Sec. 1 -8. General penalty; continuing viola-
tions; prosecution costs.
(a) Whenever in this Code any act is prohib-
ited or is made or declared to be unlawful or an
offense, or whenever the doing of any act is
required or the failure to do any act is declared to
be unlawful, where no specific penalty is provided
therefore, the violation of any such provision of
this Code shall be punished by a fine not exceed-
ing five hundred dollars ($500.00) or imprison-
ment for a term not exceeding sixty (60) days, or
by both such fine and imprisonment.
(b) Each day a violation of any provision of this
Code shall continue shall constitute a separate
offense, and each act in violation of the provisions
of this Code shall be considered a separate and
distinct offense.
(c) Aviolation of this Code shall be enforceable
in accordance with chapter 2, article VI of the
Code or through the filing or initiation of an
action in the appropriate court of competent ju-
risdiction.
§ 1 -8
NORTH PALM BEACH CODE
(d) The village is hereby authorized to recover
its attorney's fees and costs of prosecution in
successfully prosecuting violations of this Code
pursuant to chapter 2, article VI of the Code or
through any other lawful means. The recovery of
any fines, administrative costs, or costs of prose-
cution may be secured by the filing of a lien
against the property that is the subject of the
violation or may be enforced against the property
owner as a judgment.
(e) In addition to the penalties herein pro-
vided, any condition caused or permitted to exist
in violation of any of the provisions of this Code
shall be deemed a public nuisance and may be
abated by the village, as specifically provided by
this Code or as otherwise permitted by law, and
each day that such condition continues shall be
regarded as a new and separate offense.
(d) Zoning, buildings, etc.:
(1) The village council shall provide for the
enforcement of a zoning ordinance en-
acted pursuant to this part. Each day
such offense continues after written no-
tice shall be deemed a separate offense.
(2) In case any building or structure is erected,
constructed, reconstructed, altered, re-
paired or maintained or any building,
structure, land or water is used in viola-
tion of this Code or any ordinance or other
regulation made under authority con-
ferred hereby, the proper local authori-
ties, in addition to other remedies, may
institute any appropriate action or pro-
ceedings in a civil action in the circuit
court to prevent such unlawful erection,
construction, reconstruction, alteration, re-
pair, conversion, maintenance or use, and
to restrain, correct or abate such viola-
tion, to prevent the occupancy of such
building, structure, land or water, and to
prevent any illegal act, conduct of busi-
ness, or use in or about such premises.
Supp. No. 58 S2
(f) This section is deemed to be supplemental
to the provisions of chapter 2, article VI of this
Code and is in no way intended to limit or restrict
the civil fines and penalties set forth therein.
(Code 1970, § 1 -9; Ord. No. 1 -77, § 1, 1- 13 -77; Ord.
No. 4 -86, § 5, 4- 24 -86; Ord. No. 35 -2000, § 1,
11 -9 -00; Ord. No. 2014 -03, § 2, 4- 10 -14)
Editor's note —Ord. No. 2014 -03, § 2, adopted April 10,
2014, amended the title of § 1 -8 to read as set out herein.
Previously § 1 -8 was titled general penalty; continuing viola-
tions.
Sec. 1 -9. Assessment of additional court costs
for criminal justice education ex-
penditures.
(a) The county court shall assess the addi-
tional sum of two dollars ($2.00) pursuant to
Florida Statute section 943.25 (13) as a court cost
against every person convicted for violation of an
ordinance of the village and violation of a state
penal or criminal statute within the incorporated
limits of the Village of North Palm Beach and
bond estreature and forfeited bail bond related
thereto. There shall not be an assessment as to an
ordinance relating to the parking of vehicles.
(b) All court costs assessed and collected pur-
suant to this section shall be utilized for criminal
justice education degree programs and training
courses, including basic recruit training, for law
enforcement officers and support personnel, pro-
vided such education degree programs and train-
ing courses are approved by the police chief of the
village. Workshops, meetings, conferences, and
conventions shall be individually approved by the
police chief of the village prior to attendance.
(Ord. No. 5 -81, § 1, 8- 27 -81; Ord. No. 21 -94, § 1,
10- 27 -94; Ord. No. 2011 -21, § 2, 11- 10 -11)
Cross references — Offenses, Ch. 19; police, Ch. 23.
Sec. 1 -10. Village logo.
(a) Description of logo. The official logo of the
Village of North Palm Beach, consists of a ship's
wheel showing eight handles, equally spaced
around the outside; the uppermost handle posi-
tioned at twelve o'clock. The words "The Village of
North Palm Beach" are emblazoned on the side of
the wheel and the date "1956" is emblazoned on
the hub. When depicted in two - dimensional me-
GENERAL PROVISIONS
dia, a rope encircles the ship's wheel. A reason-
able facsimile of the logo is attached as Exhibit
"A
(b) Adoption of logo. The logo described and
depicted in paragraph (a) is hereby adopted as the
official logo of the Village of North Palm Beach,
Florida, a municipal corporation organized and
existing in accordance with the laws of the State
of Florida.
(c) Unlawful practices and penalties. Any fac-
simile or reproduction of this logo shall only be
manufactured, used, displayed, or otherwise em-
ployed for official Village of North Palm Beach
business or upon the written approval of the
Village Council of the Village of North Palm
Beach, Florida. The village council may grant
approval for the use of the logo upon application
by any person showing good cause for proper civic
purpose. The village council may adopt reason-
able rules for the manufacture or use of this logo
or any facsimile or reproduction thereof. Any
person violating the provision of this ordinance
shall be guilty of a misdemeanor and punished as
provided by law.
(d) Registration with Secretary of [the] State of
Florida. The village logo shall be registered with
the Secretary of [the] State of Florida as a "service
mark" in accordance with F.S. ch. 495 and shall be
the sole property of the Village of North Palm
Beach.
(Ord. No. 30 -2002, § 1, 12- 12 -02)
EXHIBIT "A"
Village Logo
§ 1 -10
IThe next page is 1331
Supp. No. 58 S3
BOATS, DOCKS AND WATERWAYS
(b) Boat davits and other boat - lifting devices
shall require a building permit.
(c) Docks, piers, mooring buoys and anchors
and other waterside structures shall require a
building permit.
(Code 1970, § 11 -33; Ord. No. 3 -71, § 2; Ord. No.
10 -2000, § 1, 4- 13 -00)
Sec. 5 -83. Minimum design requirements.
(a) Coverings. Any sun, wind or weather cov-
ering to be constructed over a dock or pier shall
require a permit and shall be classified as a
canopy and shall meet the building code as such.
(b) Decking elevation. The main deck of a dock
or pier shall be placed at a minimum of three and
five - tenths (3.5) feet above mean sea level. The
steps from the ground or bulkhead cap shall not
exceed seven (7) inches for each step.
(c) Wave break. The bottom wave breaking
stringer shall not extend below mean low water.
(d) Floating docks. Free - standing piling for
floating docks shall be a minimum schedule 40,
six -inch diameter, pea rock concrete filled steel
pipe or six -inch plastic pipe filled with pea rock
concrete and two (2) equally spaced number four
reinforcing bars, suitably tied. Attaching rings
shall be steel or chain. Smaller piling may be
allowed when properly structurally designed.
(e) Construction material. Construction mate-
rial for piers and docks shall meet the following
requirements:
(1) Piling.
a. Minimum bottom penetration is to
be six (6) feet.
b. Concrete piling is to be minimum
eight -inch by eight -inch or eight -
inch diameter reinforced with four
(4) number five (5) rods with number
two (2) hoops eight (8) inches on
center.
C. Wood piling is to be minimum ten -
inch butt diameter and the treat-
ment shall conform to AWPB MP1,
MP2 or MP4. Pile cutoff shall be
treated in accordance with AWPA
M4.
Supp. No. 58 329
§ 5 -83
d. All piling are to be set a maximum of
ten (10) feet on center for timber
deck construction.
(2) Stringers and bracing. Stringers and brac-
ing, if lumber, shall be a minimum two -
inch by eight -inch.
(3) Decking. Decking, if lumber, shall be a
minimum two -inch by six -inch.
(4) Fasteners.
a. All bolts, nuts, washers and nails
shall be hot dipped galvanized or
zinc plated or equal.
b. Stringers and braces shall be fas-
tened with minimum one - half -inch
bolts.
(5) Dock lumber. All dock lumber shall be
pressure treated or equal.
(6) Concrete strength. All concrete shall be a
minimum strength of thirty -five hundred
(3,500) psi in twenty -eight (28) days.
(7) Blocks. If dock is to be supported by a
bulkhead, four -inch by four -inch blocks or
equal shall be bolted to bulkhead wall;
stringer shall be bolted to four -inch by
four -inch blocks.
(f) Structural equivalents permitted. Docks and
piers of other design and material may be permit-
ted when structurally equivalent to the above.
(g) Commercial docks and piers. All commer-
cial docks and piers are to be designed by a
Florida registered professional engineer.
(h) Dolphins and tie poles.
(1) Bottom penetration is to be a minimum of
six (6) feet.
(2) Materials and construction are to be the
same as dock and pier pilings.
(i) Commercial marinas. All fixed docks and
piers to be constructed in commercial marinas
shall be concrete or equal.
0) Batter piles.
(1) Batter piles are to be designed by a Flor-
ida registered professional engineer.
§ 5 -83 NORTH PALM BEACH CODE
(2) Batter piles are to be constructed of pre- dead end of a lagoon, a dock or a pier may
stressed concrete. be placed zero (0) feet from the side prop -
(3) A building permit shall be required prior erty line extended when all the following
to construction for all batter piles. requirements are complied with:
(4) Batter piles shall be installed only under
the following conditions:
a. Obstructions prevent use of stan-
dard tiebacks and anchors to rein-
force bulkheads.
b. Existing bulkhead has failed or is in
danger of failing.
C. Not to be used in the construction of
new bulkheads.
(5) Base of batter pile shall extend a maxi-
mum of five (5) feet from the waterside
face of the bulkhead.
(Code 1970, § 11 -34; Ord. No. 4 -74, § l; Ord. No.
35 -90, §§ 2 -6, 9- 27 -90; Ord. No. 2008 -04, § 2,
1- 24 -08) (5)
Sec. 5 -84. Regulations governing construc-
tion in waters other than Lake
Worth and Atlantic Ocean.
All docks or other approved structures to be
constructed waterside of bulkheads or land in the
lagoons, waterways or other bodies of water in the
village, other than the waters of Lake Worth and
the Atlantic Ocean, shall be constructed in accor-
dance with the following requirements and regu-
lations:
(1) Prior to a permit being issued by the
village, a permit shall be obtained from
such other authority that has a vested
interest in the waterway.
(2) In regard to construction waterside of any
lot having fifty -foot or less frontage on the
water, docks shall not be placed within
five (5) feet of the side property line ex-
tended.
(3) In regard to construction waterside of any
lot having greater than fifty -foot frontage
on the water, docks shall not be placed
within ten (10) feet of the side property
line extended.
(4) Dead end lagoon. In regard to construc-
tion waterside of any platted lot at the
Supp. No. 58 330
a. The lot/lots shall be in a R -1 Single
Family Dwelling District.
b. Building permits shall be obtained
as required by section 5 -82 of this
chapter.
C. At least one (1) lot shall have less
than seventy -five (75) feet frontage
on the water.
d. A dock or pier, but not both, shall be
constructed at the same time on both
sides of the common property line in
question. The dock or pier on a lot
shall be structurally independent of
the dock or pier on the adjacent lot.
Docks shall extend a maximum of five (5)
feet out from the face of the bulkhead
wall. Notwithstanding the foregoing, float-
ing docks constructed within the North
Palm Beach Waterway may extend a max-
imum of ten (10) feet out from the face of
the bulkhead wall, provided, however, that
the mooring of vessels to such extended
floating docks, for purposes other than
loading or unloading, is prohibited.
(6) a. Piers not exceeding six (6) feet in
width may extend waterside a max-
imum of fifteen (15) feet in lagoons,
twenty (20) feet in the North Palm
Beach Waterway, twenty -five (25) feet
in West Lake and forty (40) feet in
North Lake and not more than twen-
ty -five (25) percent of the waterway
width of the Earman River; pro-
vided, however, that, a pier may ex-
tend waterside a maximum of fifty -
five (55) feet when connected with a
commercial marina operation in a
commercial zoned piece of property
so long as said construction leaves a
minimum clear water distance of forty
(40) feet between the pier and any
opposite bulkhead or water struc-
ture which may be constructed in
accordance with this chapter. Piers
(7)
(8)
(9)
BOATS, DOCKS AND WATERWAYS
located in the Earman River may be
constructed with "L" heads, "T" heads,
or other configurations that may al-
low for the docking of vessels paral-
lel to the shore provided the maxi-
mum allowable length waterside is
reduced by twelve (12) feet. No pier
shall be located closer to the side
property line extended than its ex-
tension waterside.
b. Piers located on Teal Way in Pros-
perity Harbor may not exceed six (6)
feet in width and shall be a maxi-
mum of forty (40) feet in length.
Piers located per this section shall not be
closer to the side property line extended
than half of its extension waterside of the
bulkhead.
In lagoons, dolphin poles, wave breaks,
mooring posts, mooring buoys or floating
anchors shall be placed a maximum of
twenty (20) feet from the face of the bulk-
head or the shore. Wave breaks shall be
allowed only at lagoon entrances opening
into Lake Worth.
In the North Palm Beach Waterway, dol-
phin poles, mooring posts, mooring buoys
or floating anchors shall be placed a max-
imum of thirty (30) feet from the face of
the bulkhead of the shore.
In the Earman River, dolphin poles, wave
breaks, mooring posts, mooring buoys or
floating anchors shall be placed not more
than twenty -five (25) percent of the wa-
terway width from the bulkhead or the
shore. Wave breaks shall be allowed only
at the entrance to Lake Worth.
(10) In West Lake, and North Lake, and water
front properties along Teal Way, dolphin
poles, mooring posts, mooring buoys or
floating anchors shall be placed a maxi-
mum of fifty (50) feet from the face of the
bulkhead or the shore.
(11) Dolphin or mooring post location shall be
inside the side property line extended and
shall be determined by the building de-
partment.
Supp. No. 58 331
§ 5 -85
(12) In no instance shall any structure extend
more than twenty -five (25) percent of the
width of the water.
(13) For the purposes of this section, the face
of the bulkhead wall shall refer to the
waterfront face of a retaining wall of
approved materials constructed adjacent
to navigable waters and shall not include
the seawall cap, batter piles or king piles.
(Code 1970, § 11 -35; Ord. No. 3 -71, § 2; Ord. No.
6 -73, § l; Ord. No. 36 -95, §§ 1, 2, 12- 14 -95; Ord.
No. 28 -98, §§ 1 -3, 12- 10 -98; Ord. No. 09 -2001,
1, 4- 12 -01; Ord. No. 27 -2003, § 1, 9 -9 -03; Ord.
No. 2011 -11, § 2, 6- 23 -11; Ord. No. 2014 -02, § 2,
3- 27 -14)
Sec. 5 -85. Regulations governing construc-
tion in Lake Worth and Atlantic
Ocean.
All residential piers, docks or other approved
structures to be constructed waterside of the
bulkhead line or land of the village in Lake
Worth, or the mean low -water mark of the Atlan-
tic Ocean, shall meet the following regulations
and requirements:
(1) The design of any pier to be constructed
under the provisions of this division shall
be performed by an engineer registered in
the state, and detailed construction draw-
ings shall be submitted bearing the certi-
fication and seal of such engineer.
(2) Prior to a permit being issued by the
village, a permit shall be obtained from
such other authority that has a vested
interest in the waterways. Nothing con-
tained in this division shall be construed
to affect the rights or obligations con-
nected with spoil areas located in Lake
Worth within one hundred (100) feet
lakeward of the bulkhead line referred to
above and the granting of a permit by the
village does not release the applicant from
personally determining what, if any, effect
such spoil areas may have upon any con-
struction done in accordance with this
division.
§ 5 -85
NORTH PALM BEACH CODE
(3) No pier shall extend beyond a line fifty
(50) feet waterside from and parallel to
the bulkhead line of the village.
(4) The centerline of all piers shall be on a
uniform alignment.
(5) Piers may be constructed with "L" heads
or "T" heads of fifty (50) feet. A finger pier
shall not exceed twenty -two (22) feet in
length and shall be a maximum of six (6)
feet and a minimum of three (3) feet in
width.
(6) No point on any pier shall be closer than
twenty (20) feet to either side property
line projected along a line parallel to the
pier center line or closer than forty (40)
feet to any part of another pier.
(7) All piers and docks shall be constructed
with all major components including pil-
ing, beams, decks, etc., constructed of
reinforced concrete. Piers shall have a
maximum width of ten (10) feet, and a
minimum width of six (6) feet.
(8) Dolphins or mooring posts may be in-
stalled adjacent to piers, with location to
be determined by the building depart-
ment.
(9) In regard to construction waterside of any
lot having fifty (50) feet or less frontage on
the water, docks shall not be placed within
five (5) feet of the side property line ex-
tended.
(10) In regard to construction waterside of any
lot having greater than fifty (50) feet
frontage on the water, docks shall not be
placed within ten (10) feet of the side
property line extended.
(11) Freestanding wave breaks shall not be
permitted.
(12) Mooring buoys and anchors shall be de-
signed and located in such a manner as to
not allow the moored vessel to cross the
side property lines extended. Mooring
buoys and anchors shall be located paral-
lel to the bulkhead no more than one
hundred fifty (150) feet from the bulk-
Supp. No. 58 332
head. No live- aboards are allowed. The
upland landowner shall not moor or an-
chor more than one (1) boat.
(Code 1970, § 11 -36; Ord. No. 3 -71, § 2; Ord. No.
35 -90, §§ 7, 8, 9- 27 -90; Ord. No. 13 -98, § 2,
5- 14 -98; Ord. No. 11 -99, § 3, 2- 11 -99; Ord. No.
10 -2000, § 2, 4- 13 -00; Ord. No. 2008 -04, § 2,
1- 24 -08)
Sec. 5 -86. Variances.
The board of adjustment created and described
in section 21 -21 of this Code shall have the power
to authorize upon appeal such variance from the
terms of section 5 -85(3) as will not be contrary to
the public interest when, owing to special condi-
tions, a literal enforcement of the provisions of
those sections of the village Code as they pertain
to properties located on Lake Worth will result in
unnecessary and undue hardship. In order to
authorize any variance from the terms of those
sections of the village Code, the board of adjust-
ment must find the factors set forth in F.S. section
163.225(3)(a), (b), (c):
"(3) (a) To authorize upon appeal such vari-
ance from the terms of the ordinance as
will not be contrary to the public interest
when, owing to special conditions, a lit-
eral enforcement of the provisions of the
ordinance would result in unnecessary
and undue hardship. In order to authorize
any variance from the terms of the ordi-
nance, the board of adjustment must find:
"1. That special conditions and circum-
stances exist which are peculiar to
the land, structure, or building in-
volved and which are not applicable
to other lands, structures, or build-
ings in the same zoning district;
"2. That the special conditions and cir-
cumstances do not result from the
actions of the applicant;
"3. That granting the variance requested
will not confer on the applicant any
special privilege that is denied by
this ordinance to other lands, build-
ings, or structures in the same zon-
ing district;
BOATS, DOCKS AND WATERWAYS
"I That literal interpretation of the pro-
visions of the ordinance would de-
prive the applicant of the rights com-
monly enjoyed by other properties in
the same zoning district under the
terms of the ordinance and would
work unnecessary and undue hard-
ship on the applicant;
Supp. No. 58 332.1
§ 5 -86
CODE COMPARATIVE TABLE
Adoption
Section
Ord. No.
Date
Section
this Code
2011 -11
6 -23 -11
2
5 -84(5)
Added
5- 84(13)
2011 -14
7 -14 -11
2
Rpid
2 -116
2011 -18
9 -22 -11
2
8 -5
3
19 -183
2011 -19
10 -13 -11
2
21- 70(a)(1),(2)
3
2 -173
2011 -21
11 -10 -11
2
1 -9(b)
3
2 -40(a)
2- 41(a), (c)
Ch. 2, Art. III
Div. 5, title
2 -75, 2 -76
Added
2- 81 -2 -83
Rnbd
Ch. 2, Art. III
Divs. 6 -10
as
Ch. 2, Art. III
Divs. 7 -11
4
4 -5
4 -12(b)
5
4 -29(b)
4 -30(d)
6
4 -44(a)
7
5 -17
5 -19
5- 20 -5 -22
8
8- 22(a), (e)
9
9 -2(b)
10
11.5 -21
11
12 -18(a)
12
Rpid
12- 29 -12 -32
12- 39 -12 -43
12- 51 -12 -56
13
12- 10212 -105
14
14 -31(c)
15
18- 19(b), (b)(4)
16
19- 116(a)
19- 117(b), (b)(3)
17
19- 185(c), (c)(2)
19- 186(b)
18
19 -207
19- 209(a)
19- 210(d), (e)
19 -211
19 -213
19- 215(a), (c)
19 -217
19
20 -5(2)
20 -6(1)
20
23 -42
23 -45
23 -48
2011 -22
12- 8 -11
2
2-159(a), (b)
3
2- 161(h)
Added
2- 161(i)
4
2- 170(2)
Added
2- 170(3)
Supp. No. 58
2893
NORTH PALM BEACH CODE
(The next pale is 29331
Supp. No. 58 2894
Adoption
Section
Ord. No.
Date
Section
this Code
2012 -02
3- 8 -12
2
6-17,6-18
3
6- 57 -6 -60
4
6- 111(G), (1)
6- 117(C), (J)
5
Rpld
6 -150
6
Rpld
6- 150 -6 -156
2012 -03
3 -22 -12
2
App. C, § 45 -2
3
Added
App. C, § 45 -27G.
4
Added
App. C, § 45 -28H.
2012 -04
5 -10 -12
2
2 -4(f)
2012 -06
7 -26 -12
2
Added
17- 71 -17 -74
2012 -07
7 -26 -12
2
App. C, § 45 -35.3,
4-1A
3
App. C, § 45 -35.3, 4 -2
4
App. C, § 45 -35.3, 4 -3
2012 -08
8- 9 -12
2
Added
17- 40 -17 -45
2013 -02
2 -14 -13
2
Rpld
5 -26
2013 -04
4 -25 -13
2
Rpld
19 -99 -19 -120
Added
19 -99 -19 -106
2013 -07
4 -11 -13
2
2 -4(d), 2 -4(f)
(g), (h)
2 -4(p)
2013 -09
5 -23 -13
2
Added
6- 114(C)
Rnbd
6- 114(C) —(E)
as
6- 114(D) —(E)
6- 114(D)
Added
6- 114(E)(2)e.
Rnbd
6- 114(E)(2)e.
as
6- 114(E)(2)f.
2013 -14
9 -26 -13
2
Added
Ch. 8, Art. 111, § 8 -31
2014 -01
1 -23 -14
2
App. C, § 45 -36 D.
Added
D -2.
2014 -02
3 -27 -14
2
5- 84(6)a.
2014 -03
4 -10 -14
2
1 -8
(The next pale is 29331
Supp. No. 58 2894
CODE INDEX
Supp. No. 58 2939
Section
BUSINESS REGULATIONS (Cont'd)
Business advisory board .................
17 -71 et seq.
See: BUSINESS ADVISORY BOARD
17 -22
Businesses located outside village limits
Application for certificate of regulation.
17 -34.2
Certificate of business regulation re-
17 -25
quired; basis of one year .........
17 -34
Commercial vehicles, marking of ......
17 -34.13
Compliance by principal deemed compli-
ance by agent ...................
17 -34.8
Delinquency penalty ..................
17 -34.4
Doing business not covered by certificate
4 -24 et seq.
of regulation ....................
17.34 -7
Duplicate certificates of regulation.....
17 -34.6
Duration .............................
17 -34.3
False statements
6 -56 et seq.
Certificate obtained void ab initio ...
17 -34.7
Engaging in business without certifi-
36.N
cate of regulation or under cer-
45- 34.1(9)
tificate issued on ..............
17 -34.11
Fee exemptions ......................
17 -34.10
Fee schedule .........................
17 -34.12
Half -year certificate ..................
17 -34.3
Issuance of certificate .................
17 -34.3
Noncompliance of principal............
17 -34.8
Nonprofit enterprise, special permit for
17 -34.5
Refund of fee .........................
17 -34.9
Registration required .................
17 -34.1
Renewal .............................
17 -34.4
Suspension or revocation of certificate .
17 -34.9
When due and payable ................
17 -34.3
Garage and other sales ..................
17 -61 et seq.
See: GARAGE AND OTHER SALES
Home occupations .......................
17 -3(a) et seq.
See: HOME OCCUPATIONS
Local business tax
Application for business tax receipt....
17 -18
Business tax exemptions ..............
17 -31
Business tax imposed; basis of one year
17 -16
Business tax receipt renewal; delin-
quency penalty ..................
17 -20
Business tax schedule ................
17 -33
Compliance by principal deemed compli-
ance by agent; noncompliance of
principal ........................
17 -29
Declaration where fee depends on vari-
able factors within applicant's
knowledge ......................
17 -23
Doing business not covered by receipt;
receipt obtained by false state-
ments void ab initio .............
17 -28
Duplicate receipts ....................
17 -27
Engaging in business without receipt or
under receipt issued on false state -
ments ..........................
17 -32
How tax construed as to specified pro -
fessions .........................
17 -21
Issuance of receipt; duration; half -year
receipt; when due and payable ...
17 -19
Marking of commercial vehicles .......
17 -33.1
Supp. No. 58 2939
C
Section
BUSINESS REGULATIONS (Cont'd.)
Receipt to be posted or carried ........
17 -26
Special permit for nonprofit enterprise.
17 -22
Suspension or revocation of receipt; re-
fund of fee ......................
17 -30
Transfer of receipts to new location ....
17 -25
Transfer of receipts to new owner......
17 -24
Simulated gambling devices .............
17 -40 et seq.
See: SIMULATED GAMBLING DE-
VICES
Wellfield protection
Regulation of business activities with
4 -24 et seq.
potential to contaminate land and
water resources .................
19 -221
Zoning
Location of business for retail sales of
6 -56 et seq.
alcoholic beverages ..............
45- 20(2), 45-
Boats, docks and waterways; unlawfully
36.N
C -3 Regional Business District......
45- 34.1(9)
C
CABLE TELEVISION. See: TELEVISION
CAMPING
Recreational, boating and camping equip-
ment; parking on residential property
restricted ..........................
18 -35
Unauthorized lodging and camping.......
19 -11
CANALS
Construction requirements ..............
5 -56 et seq.
See: BOATS, DOCKS AND WATER-
WAYS
CATS
Regulations enumerated .................
4 -24 et seq.
See: ANIMALS AND FOWL
CERTIFICATES
Appearance code; certificate of appropriate-
ness ..............................
6 -56 et seq.
See: BUILDINGS
Boats, docks and waterways; unlawfully
anchored or moored vessels
Unclaimed vessel to be sold; certification
of sale ..........................
5 -22
Businesses located outside village limits,
certificate of business regulations re.
17 -34 et seq.
See: BUSINESS REGULATIONS
Emergency medical services .............
11.5 -21
Historic site overlay district; certificate of
appropriateness ....................
45 -37(H)
CIVIL DISORDERS AND DIS'T'URBANCES.
See: EMERGENCY MANAGEMENT
CLERK
Department of records, provisions re vil-
lage clerk and deputy village clerk ..
2 -67 et seq.
See: DOCUMENTS AND PUBLIC RE-
CORDS
NORTH PALM BEACH CODE
Supp. No. 58 2940
Section
Section
CLUBS
COIN - OPERATED AMUSEMENTS
Country club ...........................
9 -1 et seq.
Proximity to schools restricted ...........
19 -4
See: COUNTRY CLUB
COMBAT AUTO THEFT (CAT)
CODE ENFORCEMENT, ALTERNATE
Establishment, regulations ..............
18 -19
METHOD OF
Codes to be enforced by citation..........
2 -253
COMMITTEES, COMMISSIONS. See: DE-
Failure to accept citation ................
2 -255
PARTMENTS AND OTHER AGENCIES
Form and contents of citation............
2 -252
OF VILLAGE
Issuance of citations ....................
2 -251
Provisions additional and supplemental ..
2 -256
COMMUNICATIONS
Right to hearing; maximum penalty ......
2 -254
Telecommunications
Generally ............................
29 -1 et seq.
CODE ENFORCEMENT
See: TELECOMMUNICATIONS
Actions for money judgments
Service tax ...........................
26 -51 et seq.
Limitation ...........................
2 -182
See: TAXATION
Alarm regulations, enforcement re .......
19 -217
Applicability ............................
2 -173
COMMUNITY DEVELOPMENT DEPART -
Conduct of hearing ......................
2 -176
MENT
Declaration of legislative intent ..........
2 -171
Buildings
Definitions .............................
2 -172
Appearance code
Enforcement procedure ..................
2 -175
Certificate of appropriateness
Fines; liens
Follow -up by community develop -
Appeal ..............................
2 -180
ment department...........
6 -60
Copies of orders imposing fines ........
2- 178(d)
Director's duties ........................
2 -111
Determination of amount of fine.......
2- 178(b)
Divisions
Duration of lien ......................
2 -179
Code compliance .....................
2- 112(2)
Generally ............................
2- 178(a)
Permits and inspections ..............
2- 112(1)
Notices ..............................
2 -181
Planning .............................
2- 112(3)
Reduction of fine .....................
2- 178(c)
Provisions supplemental .................
2 -183
COMPUTATION OF TIME
Special magistrates
Definitions and rules of construction .....
1 -2
Appointment .........................
2- 174(a)
Power and authority ..................
2- 174(b)
CONCURRENCY MANAGEMENT
Powers of ............................
2 -177
Provisions enumerated..................
21 -41 et seq.
Qualifications ........................
2- 174(c)
See: PLANNINGAND DEVELOPMENT
CODE OF ORDINANCES:`
COUNCIL. See: VILLAGE COUNCIL
Altering Code ...........................
1 -7
Amendments ...........................
1 -6
COUNTRY CLUB
Catchlines ..............................
1 -3
Finances
Court cost
Delinquent accounts; penalties ........
9 -32
Assessment of additional court costs for
Golf advisory board .....................
9 -16 et seq.
criminal justice education expendi-
See: GOLF ADVISORY BOARD
tures ...........................
1 -9
Premises
Definitions and rules of construction .....
1 -2
Disfiguration and/or removal of building
Designated and cited ....................
1 -1
or other property ................
9 -1(1)
References to chapters or sections........
1 -3
Enforcement .........................
9 -2
Repeal of ordinances, effect of............
1 -4
Hours ...............................
9 -1(2)
Severability of parts ....................
1 -5
Signs. ...............................
9 -2
Village clerk, duties re recording ordi-
Violations and penalties ..............
9 -2
nances ............................
2 -67(3)
Village logo .............................
1 -10
COUNTY
Violations, penalty and prosecution costs .
1 -8
Definitions and rules of construction .....
1 -2
''Note —The adoption, amendment, repeal, omissions,
effec-
COURTS
tive date, explanation of numbering system and
other matters
Court cost
pertaining to the use, construction and interpretation
of this
Assessment of additional court costs for
Code are contained in the adopting ordinance
and preface
criminal justice education expendi-
which are to be found in the preliminary pages of this volume.
tures ...........................
1 -9
Supp. No. 58 2940
CODE INDEX
Section
Section
D
DISABLED AND HANDICAPPED PERSONS
Applicability of dog prohibitions to guide
DECALS
and service dogs ...................
4 -27(d)
Combat Auto Theft (CAT) ...............
18 -19
Parking violations re handicap spaces ....
18 -37
DEPARTMENTS AND OTHER AGENCIES
DISTRICTS
OF VILLAGE
'Zoning regulations ......................
45 -16 et seq.
Administrative code .....................
2 -39 et seq.
See: 'ZONING (Appendix C)
See: ADMINISTRATIVE CODE
Appearance board. See: APPEARANCE
DISTURBANCES. See: CIVIL DISORDERS
PLAN (Appendix A)
AND DISTURBANCES
Audit committee ........................
2 -56 et seq.
See: AUDITS
DOCKS. See: BOATS, DOCKS AND WATER -
Boards and committees ..................
2 -1
WAYS
Business advisory board .................
17 -71 et seq.
DOCUMENTS AND PUBLIC RECORDS
See: BUSINESS ADVISORY BOARD
Department of records
Code enforcement .......................
2 -171 et seq.
Deputy village clerk
Community development department.....
2 -111 et seq.
Appointment ......................
2 -68
See: COMMUNITY DEVELOPMENT
Duties ............................
2 -69
DEPARTMENT
Village clerk; duties
Finance, department of ..................
2 -59
Election records, keeping ...........
2 -67(5)
See: FINANCES
Expiration of term, notice of ........
2 -67(7)
Fire and police retirement board of trust-
Official seal, keeping
2 -67(8)
ees . ...............................
2 -164 et seq.
Record ordinances .................
2 -67(3)
See: PENSIONS AND RETIREMENT
Village council
Fire rescue department .................
2 -81 et seq.
Keep records of council ..........
2 -67(2)
See: FIRE RESCUE DEPARTMENT
Public council action .............
2 -67(4)
General employees retirement board .....
2 -151 et seq.
Serve as clerk of council .........
2 -67(1)
See: PENSIONS AND RETIREMENT
Vital statistics, keeping
2 -67(6)
Golf advisory board .....................
9 -16 et seq.
Village clerk and deputy village clerk. See
See: GOLF ADVISORY BOARD
herein: Department of Records
Law enforcement, department of (police
department) .......................
2 -75, 2 -76
DOGS
See: LAW ENFORCEMENT, DEPART-
Regulations enumerated .................
4 -24 et seq.
MENT OF (POLICE DEPART-
See: ANIMALS AND FOWL
MENT)
DRAINAGE
Library board ..........................
16 -16 et seq.
Stormwater management................
21 -61 et seq.
Library, department of ..................
2-93
See: STORMWATER MANAGEMENT
Meetings of boards and commissions; ad-
Subdivision design standards re easements
journment of ......................
2-3
and rights-of-way ......
b y a � � � � e
36 -22(b)
Meetings of specific boards, etc. See spe-
'Coning; surface water management
cific subjects
C -3 Regional Business District ........
45- 34.1(8)
Planning and development board of adjust -
ment ..............................
21 -21
DROUGHT
Planning commission ....................
21 -11, 21 -12
Water shortage emergencies .............
19 -200 et seq.
Public works, department of .............
2 -84, 2 -85
See: WATER SHORTAGE EMERGEN-
See: PUBLIC WORKS DEPARTMENT
CIES
Records, department of ..................
2 -67 et seq.
See: DOCUMENT AND PUBLIC RE-
E
CORDS
Recreation department ..................
2 -110
ELECTIONS
Recreation advisory board .............
20 -61 et seq.
Candidacy
See: PARKS, PLAYGROUNDS AND
Candidates for office; qualifying .......
10 -5
RECREATION
Preservation of notice of candidacy ....
10 -6
Reserve police force .....................
23 -42 et seq.
Conduct of elections.....................
10 -6
See: POLICE
Early voting ............................
10 -7
Village council ..........................
2 -16 et seq.
General elections, notice of ..............
10 -3
Waterways board .......................
5 -102 et seq.
Polling locations
Designated ...........................
10 -76
DEVELOPMENTS. See: PLANNINGAND DE-
Special elections
VELOPMENT
Notice of .............................
10 -4
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2941
NORTH PALM BEACH CODE
EMERGENCY MANAGEMENT
Section
ELECTIONS (Cont'd.)
8 -2
When held ...........................
10 -2
State laws
8 -22
Applicable state laws adopted .........
10 -1
Voting machines may be used; state law
8 -21
applicable .......................
10 -7
Village clerk, duties re keeping; election
8 -1
records ............................
2 -67(5)
Voting machines may be used; state law
9 -32
applicable .........................
10 -7
ELECTRICAL CODE
8 -4
Amendments, corrections, additions ......
11 -12
Code enforcement, applicability re .......
2 -173
EMERGENCIES
Ambulances ............................
17 -50, 17 -51
Emergency management ................
8 -1 et seq.
See: EMERGENCY MANAGEMENT
2 -59(8)
Emergency medical services
5 -93 et seq.
Fees
2 -59(9)
Billing and collection ...............
11.5 -23
Establishment .....................
11.5 -22
Generally ............................
11.5 -21
Fire rescue department .................
2 -81 et seq.
See: FIRE RESCUE DEPARTMENT
21 -61 et seq.
Water shortage emergencies .............
19 -200 et seq.
See: WATER SHORTAGE EMERGEN-
24 -16 et seq.
CIES
2- 59(10)
EMERGENCY MANAGEMENT
Applicability ............................
8 -2
Civil disorders and disturbances
Declaration of a state of emergency ....
8 -22
Mayor designated local authority for pres-
ervation of public peace..........
8 -21
Declaration of a state of emergency ......
8 -5
Definitions .............................
8 -1
Emergency management structure .......
8 -3
Exempt employee emergency duty
9 -32
Compensation ........................
8 -31
Powers, duties and responsibilities .......
8 -4
Termination of a state of emergency......
8 -6
EMPLOYEES. See: OFFICERS AND EM-
1 -9
PLOYEES
ENCLOSURES. See: FENCES, WALLS,
HEDGES AND ENCLOSURES
EROSION CONTROL STRUCTURES
2 -59(8)
Construction regulations ................
5 -93 et seq.
See: BOATS, DOCKS AND WATER-
2 -59(9)
WAYS
2- 59(12)
EXCAVATIONS
2 -59(6)
Bulkhead lines .........................
7 -1 et seq.
See: BULKHEAD LINES
2 -59(5)
Stormwater management ................
21 -61 et seq.
See: STORMWATER MANAGEMENT
2- 59(11)
Street excavations ......................
24 -16 et seq.
See: STREETS, SIDEWALKS AND PUB-
2- 59(10)
LIC PLACES
2 -59(7)
Supp. No. 58 2942
Section
EXCRETA
Dog waste, removal provisions re ........ 4-31,4-32
F
FENCES, WALLS, HEDGES AND ENCLO-
SURES
Landscaping ............................
27 -31 et seq.
See: LANDSCAPING
Swimming pool requirements ............
25 -5
FINANCES
Budget procedures ......................
2 -2
Country club
Delinquent accounts; penalties ........
9 -32
Court cost
Assessment of additional court costs for
criminal justice education expendi-
tures ...........................
1 -9
Department of finance
Finance director; duties
Accounts of receipts and expendi-
tures .........................
2 -59(8)
Budget duties .....................
2 -59(2)
Cancellation of evidences of old debt
2 -59(9)
Collect moneys and fees due village .
2- 59(12)
Examine books ....................
2 -59(6)
Financial statements ...............
2 -59(3)
Fiscal supervision over officers......
2 -59(5)
Keep accounts .....................
2 -59(4)
Pay village employees ..............
2- 59(11)
Prescribe form .....................
2 -59(1)
Receive and disburse moneys.......
2- 59(10)
Responsibility for proceeds of bonds .
2 -59(7)
Emergency management
Exempt employee emergency duty
Compensation .....................
8 -31
Investment policy of the village ..........
2 -4
Pensions and retirement. See also that
subject
Length of service award plan for volun-
teer firefighters .................
2 -170 et seq.
Pension and certain other benefits for
fire and police employees.........
2 -159 et seq.
Pension and certain other benefits for
general employees ...............
2 -146 et seq.
Planning and development; filing fees and
cost for changes ....................
21-1,21-2
Social security ..........................
2 -136 et seq.
See: SOCIAL SECURITY
Taxation. See that subject
Village manager ........................
2 -118
FINES, FORFEI'T'URES AND OTHER PEN-
ALTIES
Code enforcement; fines and liens ........ 2 -178
Code of ordinances, provisions re general
penalty, continuing violations, and
prosecution costs ................... 1 -8
Parking; violation ....................... 18 -37, 18 -38
CODE INDEX
Section
FINES, FORFEI'T'URES AND OTHER PEN-
ALTIES (Cont'd.)
Pension and certain other benefits for fire
and police employees
Board of trustees for; forfeiture of mem-
bership on board for absenteeism. 2- 164(b)
Contributions; forfeitures ............. 2- 163(d)
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Section