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Code of Ordinances Supplement 59SUPPLEMENT NO. 59 September 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 -07, adopted August 14, 2014. See the Code Comparative Table for further information. Remove Old Pages xi —xvi Checklist of up -to -date pages SH:1, SH:2 263 265,266 2486.7- 2504.3 2819, 2820 2893, 2894 2935, 2936 Insert New Pages xi —xvi Checklist of up -to -date pages (following Table of Contents) SH:1, SH:2 263 265 -266.1 2487- 2504.8 2819, 2820 2893, 2894 2935- 2936.1 TABLE OF CONTENTS Page Officials of the Village ........ ............................... iii Preface ...................... ............................... v Adopting Ordinance .......... ............................... vii Readopting Ordinance ........ ............................... x.i Checklist of Up -to -Date Pages . ............................... Ill Supplement History Table .... ............................... SH:1 PART I CHARTER Charter...................... ............................... 1 Art. I. Corporate Name .............................. 3 Art. I.A. Vision Statement ........................... 3 Art. II. Territorial Boundaries ....................... 5 Art. III. Legislative .. ............................... 10.5 Art. IV. Administrative .............................. 15 Art. V. Qualifications and Elections .................. 17 Art. VI. Transition Schedule ......................... 18 Charter Comparative Table ... ............................... 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ........ ............................... 77 2. Administration ........... ............................... 133 Art. I. In General .... ............................... 135 Art. II. Council ...... ............................... 137 Div. 1. Generally ............................... 137 Div. 2. Rules of Procedure ....................... 138 Art. III. Administrative Code ........................ 138.1 Div. 1. Generally ............................... 138.1 Div. 2. Audit Committee ........................ 139 Div. 3. Department of Finance ................... 140 Div. 4. Department of Records ................... 140.1 Div. 5. Department of Law Enforcement (Police De- partment) ............................... 141 Div. 6. Fire Rescue Department .................. 141 Div. 7. Department of Public Works .............. 142 Div. 8. Department of Library ................... 142 Div. 9. Department of Country Club ............. 143 Div. 10. Department of Recreation ............... 143 Supp. No. 59 Xi NORTH PALM BEACH CODE Chapter Page 6. Buildings and Building Regulations ....................... Div. 11. Department of Community Development . 143 Art. IV. Manager .... ............................... 144 Art. V. Pensions and Retirement Systems ............ 144 Div. 3. Certificate of Appropriateness ............. Div. 1. Generally ............................... 144 Art. V. Signs and Outdoor Displays .................. Div. 2. Social Security ........................... 144 Art. VII. Reserved ... ............................... Div. 3. Pension and Certain Other Benefits for Gen- 453 Art. I. In General .... ............................... 455 eral Employees .......................... 145 8. Emergency Management .. ............................... Div. 4. Pension and Certain Other Benefits for Fire 509 and Police Employees .................... 153 Div. 5. Length of Service Award Plan for Volunteer Firefighters ............................. 164 Div. 6. ICMA Defined Contribution Pension Plan.. 164.1 Art. VI. Code Enforcement .......................... 164.2 Art. VII. Alternate Method of Code Enforcement ...... 169 3. Alcoholic Beverages ....... ............................... 211 4. Animals and Fowl ........ ............................... 263 Art. I. In General .... ............................... 265 Art. II. Dogs and Cats .............................. 267 Art. III. Rabies Control ............................. 269 5. Boats, Docks and Waterways ............................. 319 Art. I. In General .... ............................... 321 Art. II. Boat Launching Area ........................ 325 Art. III. Construction Requirements ................. 326 Div. 1. Generally ............................... 326 Div. 2. Canals ... ............................... 326 Div. 3. Bulkheads and Seawalls .................. 327 Div. 4. Docks and Piers ......................... 328 Div. 5. Erosion Control Structures ............... 333 Art. IV. Marine Sanctuaries ......................... 333 Art. V. Waterways Board ............................ 334 6. Buildings and Building Regulations ....................... 381 Art. I. In General .... ............................... 383 Art. II. Minimum Construction Standards ............ 383 Art. III. Appearance Code ........................... 385 Div. 1. Generally ............................... 385 Div. 2. Reserved . ............................... 387 Div. 3. Certificate of Appropriateness ............. 387 Art. IV. Reserved .... ............................... 388 Art. V. Signs and Outdoor Displays .................. 388 Art. VI. Reserved .... ............................... 401 Art. VII. Reserved ... ............................... 401 7. Bulkhead Lines ........... ............................... 453 Art. I. In General .... ............................... 455 Art. II. Filling Permit ............................... 455 8. Emergency Management .. ............................... 507 Art. I. In General .... ............................... 509 Supp. No. 59 xii TABU OF CONTENTS— Cont'd. Chapter Page Art. II. Civil Disorders and Disturbances ............. 510 Art. III. Exempt Employee Emergency Duty .......... 511 9. Country Club ............. ............................... 559 Art. I. In General .... ............................... 561 Art. II. Golf Advisory Board ......................... 562 Art. III. Finances .... ............................... 563 10. Elections ................ ............................... 615 Art. I. In General .... ............................... 617 Art. II. Reserved .... ............................... 618 Art. III. Reserved .... ............................... 618 Art. IV. Polling Locations ........................... 618 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. Reserved .... ............................... 726 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances ........... 726 12.5 Flood Damage Prevention .............................. 777 Art. I. In General .... ............................... 779 Art. II. Administration .............................. 783 Art. III. Provisions for Flood Hazard Reduction ....... 786 13. Reserved ................ ............................... 839 14. Health and Sanitation ... ............................... 889 Art. I. In General .... ............................... 891 Art. II. Garbage, Trash and Refuse .................. 891 Div. 1. Generally ............................... 891 Div. 2. Garbage Collection and Disposal .......... 891 Div. 3. Reserved . ............................... 893 Art. III. Reserved .... ............................... 894 Art. IV. Abatement of Public Nuisances on Private Prop - erty........................................ 894 15. Housing ................ ............................... 945 Art. I. In General .... ............................... 947 Art. II. Abandoned Real Property .................... 949 16. Library ................. ............................... 997 Art. I. In General .... ............................... 999 Art. II. Library Board ............................... 999 Supp. No. 59 xiii NORTH PALM BEACH CODE Chapter Page 17. Licenses and Miscellaneous Business Regulations ......... 1051 Art. I. In General .... ............................... 1053 Art. II. Local Business Tax .......................... 1057 Art. III. Businesses Located Outside Village Limits ... 1060.4 Art. IV. Simulated Gambling Devices ................ 1063 Art. V. Ambulances .. ............................... 1065 Art. VI. Garage and Other Sales ..................... 1066 22. Art. VII. Business Advisory Board ................... 1066 17.5 Reserved ............... ............................... 1121 18. Motor Vehicles and Traffic ............................... 1171 In General .... ............................... Art. I. In General .... ............................... 1173 Reserved .... ............................... Art. II. Operation of Vehicles Generally .............. 1173 Reserve Force .............................. Art. III. Stopping, Standing and Parking ............. 1175 19. Offenses and Miscellaneous Provisions ................... 1225 In General .... ............................... Art. I. In General .... ............................... 1227 Art. II. Sexual Offenders and Sexual Predators ....... 1228 Art. III. Offenses Against Property ................... 1228.1 Art. IV. Offenses Against Public Morals .............. 1228.1 Art. V. Offenses Against Public Peace ................ 1229 Art. VI. Noise Control .............................. 1229 Art. VII. Reserved ... ............................... 1232 Art. VIII. Weapons .. ............................... 1232 Art. IX. Water Shortage Emergencies ................ 1237 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 Div. 2. Permit ... ............................... 1292 Art. III. Recreation Advisory Board .................. 1293 21. Planning and Development .............................. 1343 Art. I. In General .... ............................... 1345 Art. II. Planning Commission ....................... 1347 Art. III. Board of Adjustment ........................ 1348 Art. IV. Concurrency Management ................... 1350 Art. V. Stormwater Management .................... 1363 Art. VI. Archaeological Site Protection Regulations ... 1366.1 22. Reserved ................ ............................... 1411 23. Police ................... ............................... 1463 Art. I. In General .... ............................... 1465 Art. II. Reserved .... ............................... 1465 Art. III. Reserve Force .............................. 1465 24. Streets, Sidewalks and Public Places ..................... 1517 Art. I. In General .... ............................... 1519 Supp. No. 59 xiv TABU OF CONTENTS— Cont'd. Chapter Page 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 .. ............................... 1523 25. Swimming Pools ......... ............................... 1573 Art. I. In General .... ............................... 1575 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. IV. 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 B. Subdivisions ............. ............................... 2353 Art. I. In General .... ............................... 2355 Art. II. Procedures for Subdivision Plat Approval ..... 2358 Art. III. Design Standards .......................... 2365 Art. IV. Required Improvements ..................... 2368.1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Amendments ............................... 2378 Art. VII. Legal Status ............................... 2379 C. Zoning ................... ............................... 2479 Art. I. In General .... ............................... 2480.1 Art. II. Generally .... ............................... 2484 Art. III. District Regulations ........................ 2487 Arts. IV, V. Reserved . ............................... 2515 Art. VI. Amendments —Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises ............... ............................... 2619 Supp. No. 59 xv NORTH PALM BEACH CODE Page Statutory Reference Table ..... ............................... 2819 Code Comparative Table -1970 Code ......................... 2869 Code Comparative Table —Laws of Florida .................... 2873 Code Comparative Table— Ordinances ........................ 2875 Charter Index ................ ............................... 2933 Code Index .................. ............................... 2935 Supp. No. 59 xvi 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. Page No. Supp. No. Page No. Supp. No. Title page 56 13, 14 25 in 1 15, 16 33 V, vi OC 16.1 33 vii, viii OC 17, 18 25 ix OC 19 25 x.i, x.ii 1 65 53 x.m 1 77 OC xi, xn 59 79,80 0C xiii, xiv 59 81,82 58 xv, xvi 59 83 58 SH:1, SH:2 59 133 52 1 25 134.1, 134.2 34 3,4 25 134.3, 134.4 39 5,6 25 134.5, 134.6 55 7, 8 25 135, 136 55 9, 10 29 137, 138 55 10.1, 10.2 53 138.1, 138.2 52 10.3, 10.4 53 138.3 30 10.5, 10.6 53 139, 140 34 10.7 53 140.1, 140.2 28 11, 12 25 141, 142 52 Ill Supp. No. 59 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 143, 144 52 332.1 58 144.1 52 333, 334 45 145,146 47 335 45 147, 148 47 381 53 149, 150 47 383, 384 53 151, 152 47 385, 386 53 152.1, 152.2 47 387, 388 53 152.3, 152.4 47 389, 390 53 153, 154 52 391, 392 53 154.1, 154.2 52 393, 394 56 154.3 52 395, 396 56 155, 156 46 397, 398 56 157, 158 52 398.1 56 158.1, 158.2 52 398.15, 398.16 40 159, 160 46 399,400 53 161, 162 46 401 53 162.1, 162.2 46 453 OC 163, 164 52 455,456 22 164.1, 164.2 52 507 57 164.3 52 509, 510 57 165, 166 48 511,512 57 167, 168 48 559 36 169, 170 48 561,562 52 211 OC 563 40 213,214 19 615 36 263 59 617, 618 36 265, 266 59 671 2 266.1 59 673 24 267,268 52 695 13 269 52 697 52 319 29 723 52 321, 322 46 725, 726 52 323, 324 52 727 52 325, 326 55 777 OC 326.1 46 779, 780 OC 327, 328 27 781, 782 OC 329, 330 58 783, 784 OC 331, 332 58 785, 786 OC [2] Supp. No. 59 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 787, 788 OC 1233 55 789 OC 1237, 1238 52 839 OC 1239, 1240 52 889 39 1241, 1242 52 891,892 40 1289 52 893,894 52 1291, 1292 52 895 50 1293, 1294 29 945 41 1295 29 947,948 49 1343 4 948.1 49 1345, 1346 45 949,950 41 1347, 1348 45 951 41 1349,1350 45 997 OC 1350.1, 1350.2 45 999, 1000 22 1351, 1352 33 1051 54 1353,1354 33 1053, 1054 31 1355, 1356 33 1054.1, 1054.2 31 1356.1 33 1054.3, 1054.4 31 1357, 1358 OC 1055, 1056 36 1359, 1360 33 1057, 1058 33 1361, 1362 33 1059, 1060 33 1363, 1364 52 1060.1, 1060.2 43 1364.1 52 1060.3, 1060.4 43 1365, 1366 33 1060.5 43 1366.1, 1366.2 52 1061, 1062 8 1366.3, 1366.4 33 1063,1064 54 1367 5 1065, 1066 54 1411 OC 1067 54 1463 OC 1121 OC 1465, 1466 52 1171 OC 1517 OC 1173, 1174 52 1519, 1520 OC 1175, 1176 36 1521, 1522 47 1177 36 1523 47 1225 31 1573 24 1227, 1228 37 1575, 1576 29 1228.1 37 1627 9 1229, 1230 55 1629, 1630 27 1231, 1232 55 1631 27 [3l Supp. No. 59 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1681 OC 2377, 2378 33 1683, 1684 33 2379 33 1684.1, 1684.2 24 2479 9 1685, 1686 OC 2480.1, 2480.2 50 1687, 1688 17 2481, 2482 53 1689, 1690 17 2483, 2484 53 1739 14 2485 53 1741, 1742 21 2486.1, 2486.2 41 1781 21 2486.3, 2486.4 41 1783, 1784 21 2486.5, 2486.6 41 1785, 1786 33 2487, 2488 59 1787, 1788 33 2489, 2490 59 1788.1 33 2491, 2492 59 1789, 1790 21 2493, 2494 59 1791, 1792 21 2495, 2496 59 1793, 1794 21 2497, 2498 59 1795, 1796 21 2499, 2500 59 2043 OC 2501, 2502 59 2045, 2046 33 2503, 2504 59 2046.1 25 2504.1, 2504.2 59 2047, 2048 OC 2504.3, 2504.4 59 2049, 2050 OC 2504.5, 2504.6 59 2051, 2052 OC 2504.7, 2504.8 59 2053 OC 2505, 2506 10 2353 OC 2507, 2508 13 2355, 2356 OC 2509, 2510 51 2357, 2358 33 2510.1, 2510.2 51 2359, 2360 33 2510.2.1 45 2361, 2362 33 2510.3, 2510.4 54 2363, 2364 33 2510.5, 2510.6 54 2364.1 33 2510.7, 2510.8 54 2365, 2366 OC 2510.9, 2510.10 54 2367, 2368 37 2510.11, 2510.12 54 2368.1 37 2510.12.11 2510.12.2 54 2369, 2370 OC 2510.12.3 54 2371, 2372 OC 2510.13, 2510.14 25, Add. 2373, 2374 33 2510.15, 2510.16 25, Add. 2375, 2376 33 2510.17, 2510.18 25, Add. [4] Supp. No. 59 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 2510.19, 2510.20 25, Add. 2877, 2878 OC 2510.21, 2510.22 25, Add. 2879, 2880 OC 2510.23, 2510.24 51 2881, 2882 14 2510.25, 2510.26 25, Add. 2883, 2884 14 2510.27, 2510.28 25, Add. 2885, 2886 19 2510.29, 2510.30 25, Add. 2887, 2888 25, Add. 2510.31, 2510.32 25, Add. 2889, 2890 33 2510.33, 2510.34 25, Add. 2891, 2892 51 2510.35, 2510.36 51 2893, 2894 59 2510.37, 2510.38 25, Add. 2933, 2934 25 2510.39, 2510.40 25, Add. 2935, 2936 59 2510.41, 2510.42 25, Add. 2936.1 59 2510.43, 2510.44 25, Add. 2937, 2938 55 2510.45, 2510.46 25, Add. 2939, 2940 58 2510.47, 2510.48 25, Add. 2941, 2942 58 2510.49, 2510.50 25, Add. 2942.1 58 2510.51, 2510.52 25, Add. 2943, 2944 55 2510.53, 2510.54 25, Add. 2945, 2946 55 2510.55, 2510.56 25, Add. 2947, 2948 57 2511, 2512 57 2949, 2950 55 2512.1, 2512.2 57 2951, 2952 55 2512.2.1, 2512.2.2 57 2953, 2954 55 2512.3, 2512.4 49 2955, 2956 55 2512.5, 2512.6 50 2957, 2958 36 2512.7, 2512.8 51 2959, 2960 53 2512.9, 2512.10 57 2512.11, 2512.12 51 2512.13 51 2513, 2514 OC 2515, 2516 45 2516.1 45 2517, 2518 22 2619 48 2819, 2820 59 2869, 2870 OC 2871 OC 2873 OC 2875, 2876 OC [5l Supp. No. 59 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 2012 -08 8- 9 -12 Included 54 2012 -09 9 -27 -12 Omitted 55 Supp. No. 59 SHa NORTH PALM BEACH CODE Ord. No. Date Adopted Included/ Omitted Supp. No. 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 2014 -05 6 -26 -14 Included 59 2014 -06 7 -24 -14 Included 59 2014 -07 5 -14 -14 Included 59 Supp. No. 59 SH2 Chapter 4 ANIMALS AND FOWL* Sec. 4 -24. Article I. In General Sec. 4 -1. Definitions. Sec. 4 -2. Village designated bird sanctuary; hunting prohibited. Sec. 4 -3. Killing; poisoning. Sec. 4 -4. Hindering enforcement. Sec. 4 -5. General enforcement. Sec. 4 -6. Keeping certain animals prohibited; exceptions. Sec. 4 -7. Cruelty to animals. Sec. 4 -8. Causing animals to fight. Sec. 4 -9. Molesting songbirds or domestic pets. Sec. 4 -10. Abandoning. Sec. 4 -11. Animals with contagious diseases. Sec. 4 -12. Animals creating nuisances. Sec. 4 -13. Breeding and retail sale of dogs and cats. Secs. 4- 14 -4 -23. Reserved. Article II. Dogs and Cats Sec. 4 -24. Registration; inoculation. Sec. 4 -25. Collar and tag — Required. Sec. 4 -26. Same — Unauthorized removal. Sec. 4 -27. Prohibited in certain areas; exceptions. Sec. 4 -28. Running at large. Sec. 4 -29. Vicious, biting and attacking dogs. Sec. 4 -30. Impoundment. Sec. 4 -31. Persons walking dogs responsible for removal of waste. Sec. 4 -32. Persons walking dogs to carry waste - removal implements. Secs. 4- 33 -4 -41. Reserved. Article III. Rabies Control Sec. 4 -42. Rabid animals — Declared nuisance. Sec. 4 -43. Same — Confinement. Sec. 4 -44. Same —Duty to report; impounding. Sec. 4 -45. Muzzles; when required. Sec. 4 -46. Reporting death or destruction. *Cross references — Health and sanitation, Ch. 14; noise regulations for animals, § 19 -107. Supp. No. 59 263 ANIMALS AND FOWL ARTICLE I. IN GENERAL Sec. 4 -1. Definitions. As used in this chapter, unless the context otherwise indicates: Animal rescue organization means a duly in- corporated non -profit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals and which does not breed animals. Animal shelter means a public animal shelter or shelter operated by an animal rescue organi- zation. Bite includes an abrasion of the skin. Cat includes any feline. Dog includes any canine. License year means the period between the first day of June in any calendar year and the last day of May in the following calendar year. Owner includes any person, firm, partnership, trustee, association or corporation owning, keep- ing, harboring or otherwise maintaining a dog or cat. In any prosecution under this chapter where it shall be found that a cat or dog is in the custody or under control of a minor, it shall be presumed that the owner of such cat or dog is the parent or legal guardian of such minor. Pet store means any retail establishment whether operated separately or in conjunction with another business enterprise open to the public that sells or transfers, or offers for sale or transfer, dogs or cats regardless of the age of the animal. Pet store operator means a person or entity that owns or operates a pet store. Puppy or kitten mill means a facility where dogs or cats are bred for the purpose of selling them and where any two (2) of the following conditions are found to exist: (1) More than twenty (20) puppies under the age of twelve (12) weeks or more than twenty (20) kittens under the age of six- teen (16) weeks are kept at a single time; Supp. No. 59 265 § 4 -3 (2) No genetic (heredity) health testing ap- propriate for the breed is conducted; (3) No long -term (over one (1) year) guaran- tees are offered; (4) A single female is bred every cycle; (5) A single female is bred over five (5) times; (6) There is no record of the dogs' or cats' parents; or (7) More than eight (S) dogs or kittens are kept in a single cage or kennel area. Running at large refers to a dog or cat off the premises of its owner and not under the immedi- ate eye and control of the owner or person acting for the owner. (Code 1970, § 4 -1; Ord. No. 206 -70, § l; Ord. No. 2014 -07, § 2, 5- 14 -14) Cross reference —Rules of construction and definitions generally, § 1 -2. Sec. 4 -2. Village designated bird sanctuary; hunting prohibited. (a) The land lying within the municipal limits of the village is hereby declared to be a bird sanctuary. (b) It shall be unlawful to intentionally kill, injure or otherwise destroy any bird found within the bird sanctuary. (Code 1970, § 4 -2) Sec. 4 -3. Killing; poisoning. (a) No person shall willfully and maliciously kill, maim or disfigure any dog, cat or other animal of another person, or willfully and mali- ciously administer poison to any dog, cat or other animal of another person, or expose any poison- ous substance with intent that the same shall be taken and swallowed by them. (b) No person shall leave or deposit any poison or any substance containing poison, in any com- mon street, alley, lane or thoroughfare, or in any yard or enclosure other than the yard or enclosure occupied or owned by such person; provided, how- ever, that it shall not be unlawful to leave or deposit insecticides that are not prohibited by any village ordinance on a Swale area in the village. (Code 1970, § 4 -3; Ord. No. 206 -70, § 4) § 4 -4 Sec. 4 -4. Hindering enforcement. NORTH PALM BEACH CODE It shall be unlawful to hinder or molest any police officer, or other authorized person engaged in the enforcement of this chapter. (Code 1970, § 4 -4) Sec. 4 -5. General enforcement. The chief of police and such other persons as may be designated by the chief or the village manager are hereby authorized and directed to enforce this chapter. (Code 1970, § 4 -5; Ord. No. 218 -70, § 2; Ord. No. 2011 -21, § 4, 11- 10 -11) Cross reference — Enforcement of Ch. 4 by code enforce- ment inspector, § 2 -171 et seq. Sec. 4 -6. Keeping certain animals prohib- ited; exceptions. (a) No person shall keep, possess or maintain any live animal, including fowl, within the vil- lage, except as follows: Dogs, cats, parrots, para- keets, canaries, rabbits, guinea pigs, hamsters, gerbils and turtles may be kept, possessed and maintained as household pets within the village so long as they are kept, possessed and main- tained in compliance with the provisions of this chapter; and provided, further, that these house- hold pets do not constitute a nuisance to neigh- bors because of excessive noise or odors. Proper sanitary measures shall be observed and followed at all times in connection with the keeping, main- taining or possessing of such pets. (b) Any person desiring to keep, possess or maintain any live animal, including fowl, which is not enumerated in paragraph (a) of this section may do so only after written request therefor to the village manager, who shall at his discretion either grant or deny such request based upon considerations of protecting public health, safety and welfare. (Code 1970, § 4 -6; Ord. No. 206 -70, § 2) Sec. 4 -7. Cruelty to animals. No person shall overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, muti- late or needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel or inhu- mane manner, any animal, or fail to provide any Supp. No. 59 266 animal in his charge or custody with necessary sustenance, drink, and protection from the ele- ments, or cause any of these acts to be done. (Code 1970, §§ 24 -3, 24 -4) Sec. 4 -8. Causing animals to fight. It shall be unlawful for any person to keep or use, or in any way be connected with, or be interested in the management of, or receive money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any animal, or to engage in, aid, abet, encourage or assist in any animal fight. (Code 1970, § 24 -6) Sec. 4 -9. Molesting songbirds or domestic pets. No person shall frighten, shoot at, wound, kill, take, capture, ensnare, net, trap or in any other manner molest or injure any robin, lark, whip - porwill, finch, sparrow, thrush, wren, martin, swallow, snowbird, bobolink, red - winged black- bird, crow, raven, oriole, kingbird, mockingbird, song- sparrow, or other songbird or insectivorous bird, or in any manner molest or injure the nest eggs or young of any such bird; or have in his possession the nest eggs, young or body of such bird, or wound or kill any domestic pets found within the village. (Code 1970, § 24 -8) Sec. 4 -10. Abandoning. No person shall desert or abandon any dog or other animal within the village. (Code 1970, § 4 -7; Ord. No. 206 -70, § 3) Sec. 4 -11. Animals with contagious diseases. (a) No person owning any dog or cat, knowing it to be afflicted with any contagious disease or in an unhealthy condition, shall permit such dog or cat to be out in public within the village limits. (b) If a police officer, for any reason, suspects that a dog or cat while running at large is not in a healthy condition or that it is suffering from any contagious disease, such officer shall impound such dog or cat and deliver it to a licensed veterinarian in the village or the vicinity thereof, ANIMALS AND FOWL and if it be determined by such veterinarian that the disease is incurable, such dog or cat shall be humanely destroyed or otherwise humanely dis- posed of in the discretion of the police officer. (Code 1970, § 4 -32.1; Ord. No. 206 -70, §§ 10, 11) Sec. 4 -12. Animals creating nuisances. (a) The owner of any animal which habitually barks, whines, howls, or causes other objection- able noise, or which destroys or damages any property of another person or which causes seri- ous annoyance to a neighboring residence and interferes with the reasonable use and enjoyment of his property, or which is otherwise offensive so as to create a nuisance shall be deemed to be committing an act in violation of this section. (b) Upon receipt of an "affidavit of complaint," signed by two (2) or more residents of the village, each complainant residing in separate dwellings in the vicinity in which the violation and issue occurred, made under oath before an individual authorized by law to take acknowledgments, set- ting forth the nature and the date of the act, the owner of the animal, the address of the owner and a description of the animal doing such act, the law enforcement officer, animal control officer or his or her agent shall investigate the complaint to de- termine whether the act complained of violates this section. (Code 1970, § 4 -29; Ord. No. 206 -70, § 6; Ord. No. 10 -76, § 5, 6- 10 -76; Ord. No. 2011 -21, § 4, 11 -10- 11) Sec. 4 -13. Breeding and retail sale of dogs and cats. (a) Puppy or kitten mills. It shall be unlawful for any person or entity to establish, operate or maintain a puppy or kitten mill within the corpo- rate limits of the village. (b) Sale or transfer of dogs or cats. It shall be unlawful for a pet store to display, sell, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats within the corporate limits of the village. Supp. No. 59 266.1 § 4 -23 (c) Exemptions. This section shall not apply to: (1) A person who sells, delivers, offers for sale, trades, barters, leases, rents, auc- tions, gives away or otherwise transfers or disposes of a dog or cat that was bred and reared on property owned by the person provided that the person is not operating a puppy or kitten mill, the per- son is not a pet dealer as defined in chapter 828 F.S., and the property is not a pet store; (2) An animal shelter; (3) An animal rescue organization; or (4) An animal shelter or animal rescue orga- nization that operates out of or in conjunc- tion with a pet store. (d) Adoption of shelter and rescue animals. Nothing in this section shall prevent a pet store or its owner, operator or employees from providing space and appropriate care for animals owned by or in the custody of an animal shelter or animal rescue organization and maintained at the pet store for the purpose of offering the animals for adoption by members of the public. (e) Violations, enforcement. The provisions of this section shall be enforced in accordance with section 1 -8 of this Code. (Ord. No. 2014 -07, § 2, 8- 14 -14) Secs. 4- 14 -4 -23. Reserved. APPENDIX C— ZONING unreasonable compromise to the antenna tower's reception or transmission capabil- ity. (4) The applicant must to the fullest extent practicable, demonstrate to the village that the antenna tower and accessory equipment buildings will be screened from view by architectural features, landscap- ing, existing natural vegetation, or will be aesthetically designed to blend into and harmonize with the area or location sur- rounding the antenna or antenna tower site in accordance with the village of North Palm Beach Appearance Plan. (5) Antenna or antenna towers shall not be artificially lighted except as required for public safety purposes, or by the Federal Aviation Administration (FAA). Signage shall not be allowed except as required for public safety purposes, or by the Federal Communications Commission (FCC). (6) To the extent not in conflict with the provisions described above, any proposed antenna or tower or accessory equipment building will be subject to all applicable village codes and regulations. (Ord. No. 12 -97, § 1, 2- 27 -97) Editor's note — Section 45 -21, relative to oceanfront land 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 history note. Subsequently, Ord. No. 12 -97, § 1, adopted Feb. 27, 1997 added new provisions pertaining to telecommunica- tions antenna and antenna towers as herein set out. Sec. 45 -22. Oceanfront land —Ocean setback. There shall be a building setback line of not less than fifty (50) feet from the dune line, or one hundred (100) feet from the highwater line, which- ever distance is greater, for all property bordering on the Atlantic Ocean. The measurement of the setback from the dune line and the highwater line shall be to the closest edge of any building to be constructed on the Atlantic oceanfront. (Ord. No. 23 -72, § 1) Sec. 45 -23. Emergency generators required for automotive service stations. All newly constructed automotive service sta- tions shall have a permanently installed emer- Supp. No. 59 2487 § 45 -27 gency generator. Existing automotive service sta- tions shall be required to install permanent emergency generators whenever such service sta- tion is rebuilt after being destroyed to an extent of more than fifty (50) percent of its assessed value or whenever a revised site plan for such service station is submitted for approval which enlarges upon or alters in any way the original site plan for that service station. All others shall have a trans- fer installed within two (2) years of the passage of this section, to allow for a portable generator to be easily connected to the service station. For the purposes of this section, an automotive service station means any commercial establishment en- gaged in the retail sale of gasoline. (Ord. No. 2006 -22, § 2, 9- 14 -06) Secs. 45- 24- 45 -26. Reserved. ARTICLE III. DISTRICT REGULATIONS* Sec. 45 -27. R -1 single - family dwelling dis- trict. A. Uses permitted. Within any R -1 single - family dwelling district no building, structure, land or water shall be used except for one (1) or more of the following uses: 1. Single - family dwellings with accessory buildings customarily incident thereto, sub- ject to each of the requirements set forth in this section and throughout this chap- ter. 2. Public schools. 3. Parks and recreation facilities owned or leased by or operated under the supervi- sion of the Village of North Palm Beach. 4. Detached fence storage areas. 5. Satellite dish antenna. 6. Community residential homes. Commu- nity residential homes of six (6) or fewer residents which otherwise meet the defi- nition of a community residential home, provided that such homes shall not be *Cross reference —Home occupations, § 17 -2. § 45 -27 NORTH PALM BEACH CODE located within a radius of one thousand (1,000) feet of another existing such home with six (6) or fewer residents. 7. Family day care home. 8. Lamp post. 9. Decorative post structure. B. Building height regulations. No main build- ing shall exceed two (2) stories in height and no accessory building more than one (1) story. C. Building site area regulations. The mini- mum lot or building site area for each single - family dwelling shall be seven thousand five hun- dred (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 measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty -two (162) square feet) shall be provided. All parking spaces shall consist of a durable surfaced area as ap- proved by the community development director, and may be enclosed in the dwelling, in an acces- Supp. No. 59 2488 sory building or in an unenclosed area or a driveway. All vehicles parking on a lot must be parked on a durable surface. F. Accessory structures. One detached automo- bile garage and one open -air pavilion may be constructed on any lot within the R -1 single - family dwelling district provided that all require- ments of this chapter are met. Open air pavilions shall be subject to the following additional condi- tions and restrictions: Permitting. (a) All open -air pavilions must be per- mitted in accordance with all Florida Building Code and Village Code re- quirements. (b) Open -air pavilions meeting the defi- nition of a traditional chickee but are exempt from the Florida Build- ing Code but shall be subject to con- sistency review by the village. Con- sistency shall be demonstrated through the issuance of a zoning permit and shall require the submit- tal of the following information: (1) A survey that includes scaled dimensions of the proposed structure, including setbacks; (2) Proof that the builder of the chickee but is a member of ei- ther the Miccosukee Tribe of Indians of Florida or the Semi- nole Tribe of Florida (such proof consisting of a copy of the trial member's identification card); and (3) Drawings of the proposed struc- ture depicting, at a minimum, the overall design, dimensions, roof materials, and height. Dimensions. Open -air pavilions shall not exceed two hundred (200) square feet in floor area. The floor area shall be mea- sured from outside the support posts, pro- vided that the roof overhang does not exceed three (3) feet from the support posts. If the roof overhang exceeds three (3) feet, the floor area shall consist of the APPENDIX C— ZONING § 45 -27 entire roofed area. For structures sup- (3) Ice boxes, refrigerators and ported by a single -pole, i.e., umbrella shape, other types of food storage fa- the floor area shall be measured from the cilities with the exception of drip line of the roof material. under - counter units. 3. Height. Open -air pavilions shall not ex- (c) No gas, charcoal or propane grills, ceed twelve (12) feet in height or the stoves or other types of cooking de- height of the principal building located on vices may be stored or utilized within the lot, whichever is more restrictive. For a traditional chickee hut. sloped roofs, the height shall be measured at the mean roof height. 6. Maintenance. Open -air pavilions shall be maintained in good repair and in sound 4. Location and Setbacks. structural condition. Painted or stained (a) No open -air pavilion may be erected surfaces shall be free of peeling paint, within ten (10) feet of the side prop- mold and mildew and void of any evidence erty line. This side setback shall be of deterioration. increased to twenty (20) feet for cor- 7. Design. ner lots. (a) Open -air pavilions, with the excep- (b) No open -air pavilion may be erected tion of traditional chickee huts, per - within seven and one -half (71 /a) feet golas and other structures with only of the rear property line. partial or slatted roofs, shall incor- (c) No open -air pavilion or any portion poraee the same types of building thereof may be erected between the materials and be consistent with the front line of the principal building architectural theme or style of the and the front property lot line, within main or principal building. a utility or drainage easement, or (b) At the request of a property owner, within a required landscape buffer. the community development direc- 5. Use restrictions. for may approve the use of different building materials or alternate ar- (a) An open -air pavilion shall be used chitectural themes or styles when only for private recreational activi- such materials, themes or styles are ties as an accessory use to the prin- complementary to the main or prin- cipal residential use and shall not be cipal building. used for habitation, for a tool room, storage room or workshop, or for any (c) Should the community development commercial purpose whatsoever. director deny the request for differ- ent building materials or alternate (b) Open -air pavilions shall not be used architectural themes or styles, a prop - for storage of items of personal prop- erty owner may appeal this decision erty, including, but not limited to, to the planning commission by sub - the following: mitting a written request for a hear - (1) Operable or inoperable vehi- ing to the community development cles, boats, boat trailers, utility director within thirty (30) calendar trailers or similar items of per- days of the date of the determina- sonal property; tion. The appeal shall be placed on the next available agenda and the (2) Building materials, lawn equip- decision of the planning commission ment, tools or similar items; shall be final, subject only to judicial and review by writ of certiorari. Supp. No. 59 2489 § 45 -27 NORTH PALM BEACH CODE G. Mechanical equipment. All non roof - mounted mechanical equipment shall be located behind the front building face of the principal structure in either the side yard or the rear yard. Such equip- ment shall be located adjacent to the principal structure whenever practicable, provided, how- ever, that all mechanical equipment shall be located at least five (5) feet from the side property line and at least seven and one -half feet (71/2) from the rear property line. (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; Ord. No. 2006 -24, § 2.L.2, 11 -9 -06; Ord. No. 2009 -04, § 4, 4- 23 -09; Ord. No. 2012 -03, § 3, 3- 22 -12; Ord. No. 2014 -06, § 2, 7- 24 -14) 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. 2. Churches. 3. Multiple - family dwelling structures of not more than four (4) dwelling units. 4. Detached fence storage areas. 5. Satellite dish antenna. 6. Community residential home of seven (7) to fourteen (14) residents. B. Building height regulations. No main build- ing shall exceed two (2) stories or thirty (30) feet in height, whichever be less. C. Building site area regulations. 1. For single - family dwellings the same as for the R -1 single - family dwelling district. 2. For two - family dwelling structures the minimum lot or building site area shall be eight thousand (8,000) square feet and have a width of not less than seventy -five (75) feet. 3. For dwelling structures having in excess of two (2) dwelling units not less than four Supp. No. 59 2490 thousand (4,000) square feet of lot area shall be added to the site for each dwell- ing unit in excess of two (2). No main building, however, shall occupy more than thirty -five (35) percent of the site area. D. Yard space regulations. 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. 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. 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 (1) block on streets intersecting U.S. [Highway No.] 1, measured from the right -of- way line of said U.S. [Highway No.] 1, side yards of at least twenty -five (25) feet in depth shall be provided. E. Floor area regulations. In multiple - family dwelling structures, each dwelling unit having one (1) bedroom shall have a minimum floor area of seven hundred fifty (750) square feet. An addi- tional one hundred fifty (150) square feet of floor area shall be required for each additional bed- room provided. F. Off - street parking regulations. For single - family dwellings, the same as for the R -1 single - family dwelling district. For each multiple - family dwelling unit, there shall be provided two (2) or more parking spaces measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty -two (162) square feet) each in accor- dance with the following formula: Two (2) such spaces shall be provided for each dwelling unit containing not more than two (2) bedrooms, and two and one -half APPENDIX C— ZONING (21/2) of such spaces shall be provided for each dwelling unit containing three (3) or more bedrooms, with the provision that for an uneven number of units, the frac- tional space result produced by the appli- cation of such formula shall count as a full space. (For examples: four (4) dwelling units containing three (3) or more bed- rooms shall require ten (10) off - street park- ing spaces; three (3) dwelling units con- taining three (3) or more bedrooms shall require eight (8) off - street parking spaces.) 3. For churches, there shall be provided one (1) off - street parking space measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty -two (162) square feet) for each four (4) people accommodated within the church auditorium. 4. For schools, there shall be one (1) off - street parking space measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty -two (162) square feet) for every one thousand (1,000) square feet of floor area. G. Community residential home regulations. When a site for a community residential home has been selected by a sponsoring agency, the agency shall notify the mayor and village manager in writing and in- clude in such notice the specific address of the site, the residential licensing cate- gory, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the district administrator of HRS indicating the need for and the licensing status of the proposed commu- nity residential home and specifying how the home meets applicable licensing cri- teria for the safe care and supervision of the clients in the home. The HRS district administrator shall also provide the Vil- lage the most recently published data compiled that identifies all community residential homes in the district in which the proposed site is to be located. Supp. No. 59 2491 § 45 -28 2. The village shall review the notification of the sponsoring agency in accordance with the zoning code. 3. The village shall not deny the siting of a community residential home unless the village establishes that the siting of the home at the site selected: (a) Does not otherwise conform to exist- ing zoning regulations applicable to other multifamily uses in the area; (b) Does not meet applicable licensing criteria established and determined by the Florida Department of Health and Rehabilitative Services, includ- ing requirements that the home be located to assure the safe care and supervision of all clients in the home; (c) Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combi- nation of such homes with other res- idences in the village, such that the nature and character of the area would be substantially altered. A home that is located within a radius of one thousand two hundred (1,200) feet of another existing community residential home in a multifamily zone shall be an overconcentration of such homes that substantially alters the nature and character of the area. A home that is located within five hundred (500) feet of an area of single - family zoning substantially al- ters the nature and character of the area. (d) All distance requirements in this sec- tion shall be measured from the near- est point of the existing home or area of single - family zoning to the near- est point of the proposed home. 4. A dwelling unit housing a community residential home shall be subject to the same village laws and ordinances applica- ble to other noncommercial, residential family units in this zoning district. § 45 -28 NORTH PALM BEACH CODE H. Mechanical equipment. All non -roof mounted mechanical equipment shall be located behind the front building face of the principal structure in either the side yard or the rear yard. Such equip- ment shall be located adjacent to the principal structure whenever practicable, provided, how- ever, that all mechanical equipment shall be located at least five (5) feet from the side property line and at least seven and one -half feet (71/2) from the rear property line. (Ord. No. 204 -69, §§ 1, 2; Ord. No. 17 -71, § 2; Ord. No. 10 -73, §§ 3, 4, 9- 13 -73; Ord. No. 9 -85, § 3, 6- 27 -85; Ord. No. 17 -90, § 3, 6- 28 -90; Ord. No. 2012 -03, § 4, 3- 22 -12; Ord. No. 2014 -06, § 2, 7- 24 -14) Editor's note — Subsection E of this section derived from Ord. No. 204 -69, § 2, which did not specifically amend the 1970 Code and was codified as subsection E at the discretion of the editor. Sec. 45 -29. Reserved. Editor's note — Section 45 -29, setting forth regulations for the R -2A limited multiple - family dwelling district, was re- pealed by Ord. No. 10 -73, § 2, enacted on September 13, 1973. Sec. 45 -30. R -3 apartment dwelling district. A. Uses permitted. Within any R -3 apartment 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 -2 multiple - family dwelling district. 2. Multiple - family dwelling structures hav- ing five (5) or more dwelling units. B. Building height regulations. For buildings in excess of two (2) stories or thirty (30) feet in height, five (5) feet shall be added to the required front, rear and side yard setbacks for each story in excess of two (2). No main building, however, shall occupy more than thirty -five (35) percent of the site area so required. C. Building site area regulations. 1. For two - family dwelling structures the minimum lot or building site area shall be eight thousand (8,000) square feet, and have a minimum width of not less than seventy -five (75) feet. Supp. No. 59 2492 2. For dwelling structures having in excess of two (2) dwelling units, not less than two thousand (2,000) square feet of lot area shall be added to the site for each dwell- ing unit in excess of two (2). 3. No structures shall occupy more than thirty -five (35) percent of the site area. D. Yard space regulations. 1. Front yard. (a) For a main structure of two (2) sto- ries or less, there shall be a front yard of not less than thirty -five (35) feet measured from the street line to the front building line, except along both sides of U. S. [Highway] No. 1, no setback less than one hundred (100) feet in depth measured from the front building line shall be pro- vided. For a distance of one (1) block on streets intersecting U. S. [High- way] No. 1, measured from the right - of -way line of said U. S. No. 1, side yards of at least twenty -five (25) feet in depth shall be provided. (b) For structures in excess of two (2) stories in height, the front yard depth shall be controlled by the provisions defined in paragraph B of this sec- tion. Rear yard. (a) For structures of two (2) stories or less, the same as for the R -1 and R -2 districts. (b) For structures in excess of two (2) stories in height, the rear yard depth shall be controlled by the provisions defined in paragraph B of this sec- tion. Side yard. (a) For structures of two (2) stories or less, the same as for the R -1 and R -2 districts. (b) For structures in excess of two (2) stories in height, the side yard re- APPENDIX C— ZONING quirements shall be controlled by the provisions defined in paragraph B of this section. 4. Exceptions. (a) On corner lots intersecting U. S. Highway No. 1 where the front of the building is on the intersecting street and the side yard of the building is on U. S. Highway No. 1, the mini- mum side yard setback on U. S. Highway No. 1 shall be one hundred (100) feet measured from the street line to the side building line, and only for structures in excess of twenty (20) stories in height shall have five (5) feet be added to the required side yard for each story added to the building in excess of twenty (20). (b) On lots bordering the established bulkhead line, the Intracoastal Wa- terway line or any existing bulk- head, the maximum required rear yard and side yard setbacks shall be twenty (20) feet from the established bulkhead line, Intracoastal Water- way line or existing building, which- ever is closest in distance to the building line; provided, however, that said bulkhead line, Intracoastal Wa- terway line or existing bulkhead is at least five hundred (500) feet from the opposite bulkhead line, Intracoastal Waterway line or exist- ing bulkhead, whichever is closest. E. Off - street parking regulations. For each multiple - family dwelling struc- ture, there shall be provided two (2) or more parking spaces measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty -two (162) square feet) each, in accordance with the following formula: Two (2) such spaces shall be provided for each dwelling unit containing not more than two (2) bedrooms and two and one - half (21/2) of such spaces shall be provided for each dwelling unit containing three (3) or more bedrooms, with the provision that for an uneven number of units, the frac- Supp. No. 59 2493 § 45 -31 tional space result produced by the appli- cation of such formula shall count as a full space; provided, however, that in multiple - family dwellings containing more than thirty (30) dwelling units, for each dwell- ing unit in excess of thirty (30) units and up to sixty (60) units, one (1) such space shall be provided for each dwelling unit containing not more than two (2) bed- rooms, and for each dwelling unit in ex- cess of sixty (60) dwelling units, one and one -half (11/2) such spaces shall be pro- vided for each dwelling unit containing not more than two (2) bedrooms and two and one -half (21/2) of such spaces shall be provided for each dwelling unit contain- ing three (3) or more bedrooms, with the provision that for an uneven number of units, the fractional space result pro- duced by the application of such formula shall count as a full space. (For example: Thirty (30) dwelling units containing two (2) bedrooms each shall require sixty (60) off - street parking spaces; sixty (60) dwell- ing units containing two (2) bedrooms each shall require ninety (90) off - street parking spaces; and ninety (90) dwelling units containing two (2) bedrooms each shall require one hundred thirty -five (135) off - street parking spaces.) 2. For churches, the same as for the R -2 multiple - family dwelling district. 3. For schools, the same as for the R -2 mul- tiple- family dwelling district. F. Floor area regulations. 1. In multiple - family dwelling structures, each dwelling unit having one (1) bed- room shall have a minimum floor area of seven hundred fifty (750) square feet. An additional one hundred fifty (150) square feet of floor area shall be required for each additional bedroom provided. (Ord. No. 10 -73, §§ 5, 6, 9- 13 -73; Ord. No. 13 -74, l; Ord. No. 17 -74, § l; Ord. No. 2014 -06, § 2, 7- 24 -14) Sec. 45 -31. C -A commercial district. A. General description. This tourist- commer- cial district is established to provide areas within which the principal use of land is devoted to § 45 -31 NORTH PALM BEACH CODE commercial establishments and tourist - oriented trade. The intent is to reserve land which, be- cause of particular location and natural features, is adapted to local and tourist uses, and to encour- age the development of these locations for such uses and in such a manner as to minimize traffic hazards and interference with other land uses. B. Uses permitted. The following uses be per- mitted in the C -A commercial district: 1. Hotel, motels and time -share units. 2. Restaurants and cocktail lounges where food and drink may be consumed on the premises only and where eating and serv- ing areas are entirely contained within the building or the premises otherwise qualify under outdoor seating provisions of Appendix C— Zoning not including drive -in hamburger, ice cream, soft drink, or other drive -in and/or carry -out eating establishments. 3. Golf clubs and their accessory uses —such as restaurant, bar - cocktail lounges, driv- ing ranges and golf equipment stores. 4. Financial institutions. 5. Professional offices, studios and clinics. 6. Private clubs and lodges. 7. Veterinary establishments, provided that all animals shall be kept inside sound- proof and air conditioned buildings; pro- vided there are no animal cemeteries used in connection therewith. 8. Funeral homes; provided that no process for the disposal of bodies is used in con- nection therewith, including cremation. 9. Churches and/or auditoriums. 10. Personal service establishments, such as barbershops, beauty shops, health salons. 11. Utility company offices. 12. Florist shops. 13. Clothing stores. 14. Stationery stores, book stores and/or art supply shops. 15. Pharmacies or apothecaries. Supp. No. 59 2494 16. Photographic studios and camera shops. 17. Bakery shops, where products are sold at retail only. 18. Sporting goods stores. 19. Personal gift shops. 20. Jewelry stores. 21. Marinas and their accessory uses, such as wet boat storage facilities, gasoline sup- plies, minor repair facilities that are inci- dental to wet boat storage and do not involve large boats and/or engine over- haul. C. Conditions for permitted uses. All activities (except restaurants that qual- ify under outdoor seating provisions of Appendix C— Zoning, golf clubs, swim- ming pools and wet boat storage), sales and storage of goods must be conducted entirely within completely enclosed build- ings with permanent nonmoving outside walls. 2. No outside sidewalk or parking lot stor- age or display of merchandise will be permitted. 3. No manufacturing, or production of prod- ucts for retail or wholesale will be permit- ted except for bakeries and their related retail sales items. 4. All new marinas and major improve- ments to existing marinas shall provide sewage pump -out service to boats seven (7) meters (twenty -two and ninety -seven hundredths (22.97) feet) in length or more. D. Building height regulations. No building or structure shall exceed four (4) stories or forty -four (44) feet. Elevator towers and mechanical appa- ratus are not restricted to the forty- four -foot limit. E. Building site area regulations. Minimum building lot size. The minimum lot of building site area for each commer- cial building shall be sixteen thousand (16,000) square feet and have a width of APPENDIX C— ZONING not less than eighty (80) feet measured at the front and rear lot lines and at the front building line. 2. Maximum lot coverage. Main and acces- sory buildings shall cover no more than thirty -five (35) percent of the total lot area. 3. Minimum lot coverage. No main and ac- cessory buildings shall be constructed that would occupy less than ten (10) percent of the total lot area or two thousand (2,000) square feet, whichever is greater. F. Yards. [1.] Front yards. All buildings facing U.S. [Highway No.] 1 shall set back from the right -of -way to provide a front yard of not less than seventy (70) feet. All buildings shall [be] set back from the rights -of -way of streets which intersect with U.S. [High- way No.] 1 providing a yard of not less than twenty -five (25) feet. [2.] Side yards. All buildings less than twenty - five (25) feet in height or two (2) stories in height shall [be] set back from side lot lines so as to provide side yards of not less than twenty (20) feet. All buildings three (3) stories in height shall [be] set back from side lot lines so as to provide side yards of not less than twenty -five (25) feet. All buildings four (4) stories in height shall [be] set back from side lot lines so as to provide side yards of not less than thirty (30) feet. [3.] Rear yard. All buildings less than twenty - five (25) feet in height or two (2) stories in height shall be set back from the rear lot line so as to provide a rear yard of not less than thirty (30) feet. All buildings three (3) stories in height shall [be] set back from the rear lot line so as to provide a rear yard of not less than thirty -five (35) feet. Supp. No. 59 2495 § 45 -31 All buildings four (4) stories in height shall [be] set back from the rear lot line so as to provide a rear yard of not less than forty (40) feet. G. Off - street parking and loading regulations. 1. Off - street parking shall be either on the same lot or within two hundred (200) feet of the building it is intended to serve measured from the nearest point of the building to the nearest point of the off - street parking lot, without crossing any major thoroughfare. 2. Any area once designated as required off - street parking shall not be changed to any other use unless and until equal fa- cilities are provided elsewhere. 3. Off - street parking existing at the effective date of these regulations in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a simi- lar new building or use. 4. Two (2) or more buildings or uses may collectively provide the required off - street parking, in which case the required num- ber of parking spaces shall be not less than the sum of the requirements for the several individual uses computed sepa- rately. 5. The required off - street parking shall be for occupants, employees, visitors, pa- trons and shall be limited in use to motor vehicles. The storage of merchandise, mo- tor vehicles for sale, or the repair of vehi- cles is prohibited. § 45 -31 NORTH PALM BEACH CODE Table of Parking Spaces Required Uses Parking Spaces Required Banks; business or professional One (1) per three hundred (300) square feet of usable floor area, plus offices excluding doctors and den- one (1) per each three (3) employees tists Barbershop or beauty shop Two (2) per barber or three (3) per beautician based on the design capacity of the structure Churches One (1) per four (4) seats; or one (1) per thirty (30) square feet of usable floor area of auditorium, whichever is greater Country club One (1) per five (5) members Restaurants and cocktail lounges One (1) space for each seventy -five (75) square feet of area devoted to where food and drink may be patron use, or one (1) space per three (3) fixed seats, whichever is the consumed on the premises only greater, plus one (1) space for each one and one -half (11/2) projected and where eating and serving employees who would be actually working during peak employment areas are entirely contained hours. within the building, not includ- ing drive -in hamburger, ice cream, soft drink, or other drive -in and/or carry -out eating establishments Hotels, motels and tourist courts Three (3) spaces, plus an additional space for each guest bedroom, plus an additional space for each fifteen (15) rooms or portions thereof. For example, a fifteen -room motel would need nineteen (19) parking spaces Marina Two (2) for each three (3) boat mooring or storage space, boat for rent, as based on the design capacity of the facility. If public boat launching facilities are provided, the parking spaces shall be in- creased fifty (50) percent of that number as computed above Medical and dental clinics; doc- One (1) space for each one hundred fifty (150) square feet of floor tors and dentists offices area up to three thousand (3,000); one (1) additional space for each additional two hundred (200) square feet up to five thousand (5,000); one (1) additional space for each additional two hundred fifty (250) square feet over five thousand (5,000) Mortuaries or funeral parlors Five (5) spaces per parlor or chapel unit; or one (1) per four (4) seats, whichever is greater Private clubs, lodge or union One (1) per three (3) members based on the maximum design headquarters capacity of the facility Retail stores and personal ser- One (1) per two hundred (200) square feet of retail floor space vice establishments except as otherwise specified herein Shopping centers containing five There shall be a ratio of four (4) square feet of parking (including (5) or more stores, or fifteen driveways required for ingress and egress and circulation) to each thousand (15,000) square feet of one (1) square foot of retail floor space building Supp. No. 59 2496 APPENDIX C— ZONING § 45 -31 Uses Parking Spaces Required Time shares Off - street parking regulations. For each time -share unit structure, there shall be provided two (2) or more parking spaces measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty -two (162) square feet) each, in accordance with the following formula: Two (2) such spaces shall be provided for each dwelling unit containing not more than two (2) bedrooms, and two and one -half (21/2) of such spaces shall be provided for each dwelling unit containing three (3) or more bedrooms, with the provision that for an uneven number of units, the fractional space result produced by the application of such formula shall count as a full space; provided, however, that in multiple - family dwellings containing more than thirty (30) dwell- ings units, for each dwelling units in excess of thirty (30) units and up to sixty (60) units one (1) such space shall be provided for each dwelling unit containing not more than two (2) bedrooms, and for each dwelling unit in excess of sixty (60) dwelling units one and one -half (11 /2) such spaces shall be provided for each dwelling unit containing not more than two (2) bedrooms, and two and one -half (21/2) of such spaces shall be provided for each dwelling unit contain- ing three (3) or more bedrooms, with the provision that for an uneven number of units, the fractional space result produced by the appli- cation of such formula shall count as a full space (For examples: Thirty (30) dwellings units containing two (2) bedrooms each shall require sixty (60) off - street parking spaces; sixty (60) dwelling units containing two (2) bedrooms each shall require ninety (90) off - street parking spaces; and ninety (90) dwelling units containing two (2) bedrooms each shall require one hundred thirty -five (135) off - street parking spaces). Auditoriums and places of as- One (1) per three (3) people based on the maximum design capacity sembly without fixed seats of the structure Veterinary establishments Five (5) spaces per veterinarian based on the maximum design capacity of the facility or five (5) spaces for every four hundred (400) square feet of usable floor space, whichever is greater H. Off - street parking lot layout, construction and maintenance. Whenever the required off - street parking requires the building of a parking lot, and wherever a parking lot is built, such parking lot shall be laid out, constructed and maintained in accordance with the following reg- ulations: Each parking space shall measure at least nine (9) feet by eighteen (18) feet (one hundred sixty -two (162) square feet) and shall be a definitely designated and marked stall adequate for one (1) motor vehicle. 2. All areas devoted to permanent off - street parking as required under this section Supp. No. 59 2497 shall be built in accordance with specifi- cations for streets and parking of the Village of North Palm Beach and main- tained in such manner that no dust will result from continuous use. 3. The parking lot shall be drained to elim- inate surface water. 4. Where parking lot abuts a residential district which has common frontage in the same block with the parking lot, there shall be established a setback line of twen- ty -five (25) feet from the street lot line for the first twenty -five (25) feet from the residential zone. § 45 -31 5. 7 a NORTH PALM BEACH CODE Plans for the layout of a parking lot must be approved by the village engineer based on design standards approved by the In- stitute of Traffic Engineers. The parking lot shall not have access from a more restrictive zoning district. No parking shall be permitted in the first ten (10) feet of the required front yard depth, measured from the front property line or the first ten (10) feet of a side or rear yard when the side or rear yard abuts a residential zoning district, except as modified in paragraph 4 above. The restriction against parking in the first ten (10) feet of the required front yard depth measured from the front property line shall not apply to those properties which have complied in full with the landscap- ing provisions of Chapter 41 -16 through 41 -25 [chapter 27, article III] both inclu- sive. Clearly defined driveways entering on U.S. [Highway No.] 1 shall be constructed us- ing a raised curb of at least six (6) inches in height to delineate the driveways. All streets intersecting with U.S. [Highway No.] 1, currently designed driveways shall be constructed using both concrete button markers of at least four (4) inches in height placed twenty -four (24) inches apart to delineate the driveways. Such drive- ways shall have separate ingress and egress lanes not to exceed twenty (20) feet in width, exclusive of curb returns. The ingress and egress driveways shall be separated by [a] six -inch raised curb island of not less than three (3) feet in width and ten (10) feet in depth back from the right -of -way. Driveways for two (2) adjacent, separately owned parcels may be located on their joint property line. In all cases, driveways may not be located closer than forty (40) feet to an intersec- tion. Except in cases where driveways are located on joint property lines, all drive- ways must be not less than twenty -five (25) feet from the adjacent property line. Supp. No. 59 2498 Only one (1) such combined driveway shall be permitted for each lot with a width of one hundred (100) feet or less. 9. The rear yard of all lots in the C -1A district shall be designed and improved to facilitate loading and unloading. There shall be adequate space for standing, load- ing and unloading services to avoid undue interference with public use of streets or alleys. I. Time -share structures; floor area. In time- share structures, each dwelling unit having one (1) bedroom shall have a minimum floor area of seven hundred fifty (750) square feet; an addi- tional one hundred fifty (150) square feet of floor area shall be required for each additional bed- room provided. J. Architecture. To provide the village with harmonious development, but without undue re- strictions, the following features are required: All building fronts and sides must be completely enclosed except for necessary doorways for ingress and egress. 2. No canopies are permitted unless con- structed of metal, or other permanent materials and are installed parallel to the store front sidewalks not less than nine (9) feet above the sidewalk. (Ord. No. 10 -72, § l; Ord. No. 13 -72, 7- 13 -72; Ord. No. 4 -73; Ord. No. 10 -73, § 6, 9- 13 -73; Ord. No. 22 -82, §§ 2, 3, 9, 12 -9 -82; Ord. No. 23 -90, § 2, 6- 28 -90; Ord. No. 46 -96, § 1, 12- 12 -96; Ord. No. 27 -99, §§ 1, 2, 8- 12 -99; Ord. No. 2014 -06, § 2, 7- 24 -14) Editor's note — Section 45 -31(K) entitled "Signs" was re- pealed by Ord. No. 13 -72 enacted July 13, 1972. Sign regula- tions can be found in Chapter 6, Article V, of this Code. Sec. 45 -31.1. CB commercial district. A. General description. This tourist- commer- cial district is established to provide areas within which the principal use of land is devoted to commercial establishments and tourist - oriented trade. The intent is to reserve lands which, be- cause of particular location and natural features, are adapted to local and tourist uses, and to encourage the development of these locations for APPENDIX C— ZONING § 45 -31.1 such uses and in such manner as to minimize Appendix C— Zoning), sales and storage traffic hazards and interference with other land of goods must be conducted entirely within uses. completely enclosed buildings with perma- B. Uses permitted. The following uses are per- nent nonmoving outside walls. mitted in the CB commercial district: 2. No outside sidewalk or parking lot stor- m. Reserved. age [or] display of merchandise will be permitted. 2. Restaurants and cocktail lounges where food and drink may be consumed on the 3. No manufacturing or production of prod - premises only and where eating and serv- ucts for retail or wholesale will be permit - ing areas are entirely contained within ted. the building or the premises otherwise qualify under outdoor seating provisions D. Building height regulations. No building or of Appendix C— Zoning, not including structure shall exceed two (2) stories or twenty - drive-in hamburger, ice cream, soft drink five (25) feet. Elevator towers and mechanical or other drive -in and/or carry -out eating apparatus are not restricted to the twenty -five- establishments. foot limit. 3. Financial institutions. E. Building site area regulations: 4. Professional offices. 1. Minimum building lot size. The minimum 5. Churches. lot of building site area for each commer- 6. Personal service establishments, such as cial building shall be fifty thousand (50,000) barbershops, beauty shops and health sa- square feet and have a width of not less lons. than two hundred fifty (250) feet mea- sured at the front and rear lot lines and at 7. Florist shops. the front building line. 8. Clothing stores. 2. Maximum lot coverage. Main and acces- 9. Stationery stores, bookstores and/or art sory buildings shall cover no more than supply shops. thirty -five (35) percent of the total lot 10. Pharmacies or apothecaries. area. 11. Photographic studios and camera shops. 3. Minimum lot coverage. No main and ac- cessory buildings shall be constructed that 12. Sporting goods stores. would occupy less than ten (10) percent of 13. Personal gift shops. the total lot area or five thousand (5,000) 14. Jewelry stores. square feet, whichever is greater. 15. Bakery shop, retail. F. Yards. 16. Candy shop, retail. [1.] Front yards. All buildings facing U.S. 17. Cigar /tobacco shop. [Highway No.] 1 shall set back from the right -of -way to provide a front yard of not 18. Seamstress. less than twenty -five (25) feet. All build - 19. Shoe repair shop. ings shall [be] set back from the right -of- way of streets which intersect with U.S. 20. Tailor shop. [Highway No.] 1 providing a yard of not C. Conditions for permitted uses: less than twenty -five (25) feet. 1. All activities (except restaurants that qual- [2.] Side yards. All buildings one (1) or two (2) ify under outdoor seating provisions of stories in height or less than twenty -five Supp. No. 59 2499 § 45 -31.1 NORTH PALM BEACH CODE (25) feet in height shall have a combined side yard minimum width of forty (40) feet. Zero side yard setbacks are permitted provided all other requirements of this section are complied with. [3.] Rear yard. All buildings less than twenty - five (25) feet in height or two (2) stories in height shall be set back from the rear lot line so as to provide a rear yard of not less than thirty (30) feet. G. Off - street parking and loading regulations. 1. Any area once designated as required off - street parking shall not be changed to any other use unless and until equal fa- cilities are provided elsewhere. 2. Off - street parking existing at the effective date of these regulations in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a simi- lar new building or use. 3. Two (2) or more buildings or uses may collectively provide the required off - street parking, in which case the required num- ber of parking spaces shall not be less than the sum of the requirements for the several individual uses computed sepa- rately. 4. The required off - street parking shall be for occupants, employees, visitors, pa- trons, and shall be limited in use to motor vehicles. The storage of merchandise, mo- tor vehicles for sale or the repair of vehi- cles is prohibited. Table of Parking Spaces Required Uses Parking Spaces Required Banks, business or professional One (1) per three hundred (300) square feet of usable floor area, plus offices excluding doctors and den- one (1) per each three (3) employees. tists Barbershop or beauty shop Two (2) per barber or three (3) per beautician based on the design capacity of the structure. Churches One (1) per four (4) seats; or one (1) per thirty (30) square feet of usable floor area of auditorium, whichever is greater. Restaurants and cocktail lounges One (1) space for each seventy -five (75) square feet of area devoted to where food and drink may be patron use, or one (1) space per three (3) fixed seats, whichever is the consumed on the premises only greater, plus one (1) space for each one and one -half (11/2) projected and where eating and serving employees who would be actually working during peak employment areas are entirely contained hours. within the building, not includ- ing drive -in hamburger, ice cream, soft drink or other drive -in and/or carry -out eating establishments Hotels, motels and tourist courts Three (3) spaces, plus an additional space for each guest bedroom, plus an additional space for each fifteen (15) rooms or portions thereof. For example, a fifteen -room motel would need nineteen (19) parking spaces. Supp. No. 59 2500 APPENDIX C— ZONING § 45 -31.1 Uses Parking Spaces Required Medical and dental clinics; doc- One (1) space for each one hundred fifty (150) square feet of floor tors and dentists offices area up to three thousand (3,000); one (1) additional space for each additional two hundred (200) square feet up to five thousand (5,000); one (1) additional space for each additional two hundred fifty (250) square feet over five thousand (5,000). Retail stores and personal ser- One (1) per two hundred (200) square feet of retail floor space. vice establishments, except as otherwise specified herein Time shares Off - street parking regulations. For each time -share unit structure, there shall be provided two (2) or more parking spaces measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty -two (162) square feet) each, in accordance with the following formula: Two (2) such spaces shall be provided for each dwelling unit containing not more than two (2) bedrooms, and two and one -half (21/2) of such spaces shall be provided for each dwelling unit containing three (3) or more bedrooms, with the provision that for an uneven number of units, the fractional space result produced by the application of such formula shall count as a full space; provided, however, that in multiple - family dwellings containing more than thirty (30) dwell- ings units, for each dwelling units in excess of thirty (30) units and up to sixty (60) units one (1) such space shall be provided for each dwelling unit containing not more than two (2) bedrooms, and for each dwelling unit in excess of sixty (60) dwelling units one and one -half (11 /2) such spaces shall be provided for each dwelling unit containing not more than two (2) bedrooms, and two and one -half (21/2) of such spaces shall be provided for each dwelling unit contain- ing three (3) or more bedrooms, with the provision that for an uneven number of units, the fractional space result produced by the appli- cation of such formula shall count as a full space (For examples: Thirty (30) dwellings units containing two (2) bedrooms each shall require sixty (60) off - street parking spaces; sixty (60) dwelling units containing two (2) bedrooms each shall require ninety (90) off - street parking spaces; and ninety (90) dwelling units containing two (2) bedrooms each shall require one hundred thirty -five (135) off - street parking spaces). Building lots containing five (5) There shall be a ratio of four (4) square feet of parking (including or more stores, or fifteen thou- driveways required for ingress and egress and circulation) to each sand (15,000) square feet of one (1) square foot of retail floor space. building Veterinary establishments Five (5) spaces per veterinarian based on the maximum design capacity of the facility, or five (5) spaces for every four hundred (400) square feet of usable floor space, whichever is greater. Supp. No. 59 2501 § 45 -31.1 NORTH PALM BEACH CODE H. Off - street parking lot layout, construction and maintenance. Whenever the required off - street parking requires the building of a parking lot, and wherever a parking lot is built, such parking lot shall be laid out, constructed and maintained in accordance with the following reg- ulations: 1. 2. 3. 4. Each parking space shall measure at least nine (9) feet by eighteen (18) feet (one hundred sixty -two (162) square feet) and shall be a definitely designated and marked stall adequate for one (1) motor vehicle. All areas devoted to permanent off - street parking as required under this section shall be built in accordance with specifi- cations for streets and parking of the Village of North Palm Beach and main- tained in such manner that no dust will result from continuous use. The parking lot shall be drained to elim- inate surface water. Where parking lot abuts a residential district which has common frontage in the same block with the parking lot, there shall be established a setback line of twen- ty -five (25) feet from the street lot line for the first twenty -five (25) feet from the residential zone. 5. Plans for the layout of a parking lot must be approved by the village engineer based on design standards approved by the In- stitute of Traffic Engineers. 6. The parking lot shall not have access from a more restrictive zoning district. 7. No parking shall be permitted in the front yard or the side yard. I. Time -share structures; floor area. In time- share structures, each dwelling unit having one (1) bedroom shall have a minimum floor area of seven hundred fifty (750) square feet; an addi- tional one hundred fifty (150) square feet of floor area shall be required for each additional bed- room provided. Supp. No. 59 2502 J. Architecture. To provide the village with harmonious development, but without undue re- strictions, the following features are required: All building fronts and sides must be completely enclosed except for necessary doorways for ingress and egress. 2. No canopies are permitted unless con- structed of metal or other permanent ma- terials and [unless the canopies] are in- stalled parallel to the store front sidewalks not less than nine (9) feet above the side- walk. (Ord. No. 10 -73, § 6, 9- 13 -73; Ord. No. 1 -78, § 1, 2 -9 -78; Ord. No. 22 -82, §§ 4, 5, 9, 12 -9 -82; Ord. No. 15 -84, § 2, 7- 12 -84; Ord. No. 47 -96, § 1, 12- 12 -96; Ord. No. 27 -99, §§ 3, 4, 8- 12 -99; Ord. No. 2014 -06, 2, 7- 24 -14) Sec. 45 -32. C- lAlimited commercial district. A. Uses permitted. Within any C -1A limited commercial district, no building, structure, land or water shall be used, except for one (1) or more of the following uses: 1. Reserved. 2. Hotels, motels and time -share units. 3. Restaurants other than drive -in restau- rants, including cocktail lounges. 4. Nursery and private schools. 5. Golf club and its accessory uses such as restaurant, bar, driving range and equip- ment store. 6. Professional offices including real estate offices, finance offices, medical and dental clinics and the like, providing same are architecturally and structurally in har- mony with the spirit of the community. 7. Marinas and their accessory uses such as wet boat storage facilities, indoor dry boat storage facilities, gasoline supplies and such minor repair facilities as are inciden- tal to boat storage and which do not involve major boat and/or engine over- haul, provided all facilities are architec- APPENDIX C— ZONING turally and structurally in harmony with the spirit of the community. Provided fur- ther that: a. For each three thousand (3,000) cu- bic feet of designated boat storage space connected with indoor dry boat storage facilities and for each five hundred (500) square feet of indoor retail boat display floor area, there shall be provided one (1) two hundred - square -foot parking space, exclusive of workshop and office areas. b. For each one and one -half (11/2) des- ignated boat storage spaces con- nected with wet boat storage facili- ties, there shall be provided one (1) two hundred - square -foot parking space, exclusive of workshop and of- fice areas. C. For each one hundred (100) square feet of workshop floor area, there shall be provided one (1) two hundred - square -foot parking space, and for each two hundred (200) square feet of workshop area above the first floor, there shall be provided one (1) two hundred - square -foot parking space. d. For each three hundred (300) square feet of floor area used for office pur- poses, there shall be provided one (1) two hundred - square -foot parking space. § 45 -32 B. Building height regulations. No main build- ing shall exceed two (2) stories or thirty (30) feet in height at the required front, rear and side building lines. For structures in excess of two (2) stories in height, five (5) feet shall be added to the required front, rear and side yards for each story added to the building in excess of two (2). No main building, however, shall occupy more than thirty - five (35) percent of the site area so required. C. Building site area regulations. For single- and multiple - family dwelling structures, the same as required in the R -1 and R -3 districts, respectively. D. Yard space regulations. 2 All new marinas and major improve- ments to existing marinas shall pro- vide sewage pump -out service to boats 3 seven (7) meters (twenty -two and ninety -seven hundredths (22.97) feet) in length or more. S. Multiple - family dwelling structures as a component of a commercial planned unit development containing a commercial com- ponent including retail and non - retail com- mercial facing a primary street frontage with a depth to be determined by the village council. Supp. No. 59 2503 Front yards. (a) For main structures of two (2) sto- ries or less, there shall be a front yard of not less than fifty (50) feet measured from the street line to the front line of the main building. (b) For structures in excess of two (2) stories in height, the front yard depth required shall be controlled by the provisions defined in paragraph B of this section. Rear yard. (a) For main structures of two (2) or less stories, the same as for R -1 and R -2 district. (b) For structures in excess of two (2) stories in height, the rear depth re- quired shall be controlled by the provisions defined in paragraph B of this section. Side yards. (a) For structures of two (2) stories or less, the same as for R -1 and R -2 districts. (b) For structures in excess of two (2) stories in height, the side yard re- quirements shall be controlled by the provisions defined in paragraph B of this section. (c) For a distance of one (1) block on streets intersecting U.S. [Highway § 45 -32 NORTH PALM BEACH CODE Supp. No. 59 2504 No.] 1, measured from the right -of- feet of administrative and service area way line of said U.S. [Highway No.] within the building (kitchen, service halls, 1, side yards of at least twenty -five chapel, dining room, lounge, visiting ar- (25) feet in depth shall be provided. eas and treatment rooms). E. Off - street parking regulations. F. Floor area regulations. 1. For single- and multiple - family struc- 1. In multiple - family dwelling structures, tures, the same as for the R -1 and R -3 each dwelling unit having one (1) bed - districts, respectively. room shall have a minimum floor area of 2. Churches, the same as for the R -2 multiple- seven hundred fifty (750) square feet. An family dwelling district. additional one hundred fifty (150) square 3. For hotels, one (1) space for each three (3) feet of floor area shall be required for each bedrooms, plus one (1) additional space additional bedroom provided. for each five (5) employees. 2. In time -share structures, each dwelling 4. Hotel apartments, one (1) space for each unit having one (1) bedroom shall have a dwelling unit. minimum floor area of seven hundred fifty (750) square feet; an additional one hun- 4.1. Time- sharing units, the same as for C -A dred fifty (150) square feet of floor area commercial district. shall be required for each additional bed - 5. Motels, one (1) space for each guest bed- room provided. room, plus one (1) space for the resident manager or owner. G. Conditions for permitted uses: 6. Restaurants, one (1) space for each seventy- 1. All activities, sales and storage of goods five (75) square feet of floor area devoted must be conducted entirely within com- to patron use, or one (1) space per three pletely enclosed buildings with perma- (3) fixed seats, whichever is the greater, nent nonmoving outside walls. The follow - and one (1) space for each one and one- ing exceptions apply: half (11/2) projected employees who would (a) Restaurants that qualify under out- be be actually working during peak employ- door seating provisions of Appendix hours. C— Zoning. 7. No parking shall be permitted in the first (b) Marinas with enclosed new boat re- ten (10) feet of the required front yard tail display area may utilize outdoor depth, measured from the front property rear and side yard site area for ground line. The restriction against parking in level new boat storage, rigging, mi- the first ten (10) feet of the required front nor repair and display subject to the yard depth measured from the front prop- following conditions: erty line shall not apply to those proper- ties which have complied in full with the (i) Outdoor storage, rigging, mi- landscaping provisions of chapter 41 -16 nor repair and display areas through 41 -25 [chapter 27, article III], shall be completely screened both inclusive. from the view of the street right - Each convalescent hospital and nursing of -way and adjacent properties home shall be provided with one (1) park- with an opaque wall or fence to ing space measuring at least nine (9) feet a height of six (6) feet. by eighteen (18) feet (one hundred sixty- (ii) The area of outdoor storage, two (162) square feet) for each six (6) beds rigging and display area shall in the establishment, plus one (1) parking not exceed the enclosed retail space for each three hundred (300) square display floor area, including re- Supp. No. 59 2504 APPENDIX C— ZONING tail display area office space, or fifteen (15) percent of the total site area, whichever is less. (Ord. No. 10 -72, § 2; Ord. No. 4 -73; Ord. No. 10 -73, § 7, 9- 13 -73; Ord. No. 14 -74; Ord. No. 14 -76, § 1, 7 -8 -76; Ord. No. 22 -82, §§ 6, 7, 9, 12 -9 -82; Ord. No. 9 -87, § 1, 5- 28 -87; Ord. No. 17 -90, § 4, 6- 28 -90; Ord. No. 23 -90, § 3, 6- 28 -90; Ord. No. 27 -99, § 5, 8- 12 -99; Ord. No. 03 -2001, §§ 1, 2, 2 -8 -01; Ord. No. 2006 -06, § 1, 4- 13 -06; Ord. No. 2014 -06, § 2, 7- 24 -14) Sec. 45 -32.1. CC Transitional commercial dis- trict. A. General description. This residential/com- mercial transitional district is to provide for the development of low- intensity business offices and other complementary uses. The CC district shall serve as a transition between residential areas and intense commercial development. B. Uses permitted. The following uses are per- mitted in the CC transitional commercial district: 1. Financial institutions 2. Professional offices 3. Florists 4. Clothing stores 5. Stationary [stationery] stores 6. Photo studios /camera shops 7. Sporting goods stores 8. Gift shops 9. Candy shops 10. Seamstress /tailor shop 11. Barber shops 12. Hair salons 13. Nail salons 14. Instructional dance /music studios C. Conditions for permitted uses: § 45 -33 2. No outside sidewalk of parking lot storage (or) display of merchandise will be permitted. 3. No manufacturing or production of products for retail or wholesale will be permitted. D. Building height regulations. No building or structure shall exceed two (2) stories or twenty five (25) feet. E. Building site area regulations: 1. Maximum lot coverage. Main and acces- sory buildings shall cover no more than thirty -five (35) percent of the total lot area. 2. Reserved. F. Yards. 1. Front yards. All buildings shall be con- structed from the Alternate A -I -A or Pros- perity Farms Road right -of -way to pro- vide a front yard of not less than thirty (30) feet. All buildings shall be set back from the right -of -way of streets which intersect with Alternate A -I -A or Prosper- ity Farms Road providing a yard of not less than twenty -five (25) feet. 2. Side yards. All buildings shall be set back from side lot lines so as to provide side yards of not less than fifteen (15) feet. 3. Rear yards. All buildings shall be set back from rear lot lines so as to provide a rear yard of not less than fifteen (15) feet. G. Off - street parking regulations. Off- street parking shall be provided the same as for the CA commercial district. H. Off - street parking layout, construction and maintenance shall be the same as for the CA commercial district. (Ord. No. 31 -97, § l(Exhibit A), 7- 10 -97; Ord. No. 23 -99, § 1, 6- 10 -99; Ord. No. 15 -2000, § 1, 5- 25 -00) 1. All activities, sales and storage of Sec. 45 -33. C -1 neighborhood commercial goods must be conducted entirely district. within completely enclosed build- General description. This neighborhood com- ings with permanent nonmoving out- mercial district is established to provide that the side walls. principal use of land is devoted to neighborhood Supp. No. 59 2504.1 § 45 -33 NORTH PALM BEACH CODE and transient uses and to encourage the develop- ment of these locations for such uses and in such manner as to minimize congestion and interfer- ence with other land uses. A. Uses permitted. Within any C -1 neighbor- hood commercial district, no building, struc- ture, land or water shall be used, except for one (1) or more of the following uses: 1. Any use permitted in the C -1A lim- ited commercial district. Any retail business or commercial use including neighborhood commer- cial use that meets the daily living needs of village residents and which does not involve the manufacturing or processing of products; provided, however, automobile repair shops are not a permitted use except as an accessory use to an automotive ser- vice station or retail automobile tire store. 3. Transient commercial uses serving either the motoring public or village residents including hotels and mo- tels, conference and retreat facili- ties, filling stations and restaurants. 4. Personal service establishments, in- cluding, but not limited to, banks, barbershops, bowling alleys, beauty salons, medical and dental clinics, professional and other offices, fu- neral homes, shoe repair shops, laun- dry pickup stations and self - service laundries, furniture display stores and drugstores. 5. Mobile home park. 6. Adult entertainment establishments. 7. Religious worship or related reli- gious activities. S. Limited access self storage facilities are defined as a fully enclosed struc- ture for indoor storage with a mini- mal amount of access points from the exterior of the building. These exterior access points provide access to interior hallways that directly serve individual storage units rented to Supp. No. 59 2504.2 the public. No direct access from the exterior of the building to an individ- ual storage unit is permitted. B. Building height regulations. For build- ings in excess of two (2) stories or thirty (30) feet in height, five (5) feet shall be added to the required front -yard setback for each story in excess of two (2) or in excess of thirty (30) feet in height. No structures however, shall occupy more than thirty -five (35) percent of the site area so required. C. Building and floor area regulations. An individual retail business or commercial use shall not exceed fifty thousand (50,000) square feet of floor area on the first floor; this provision shall not apply to grocery stores; food stores or facilities for use for religious worship or related religious uses including retreats, conferences, school or other educational uses, convent, rectory or other living facilities, administration or similar facilities owed or operated by religious groups or religious- related activ- ities. D. Yard space regulations. There shall be a front yard of not less than fifty (50) feet measured from the street line to the front building line, except along both sides of U.S. 1, no setback less than one hundred (100) feet in depth measured from the front building line shall be provided. For a distance of one (1) 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. (a) For single - family and for multiple - family residential structures, there shall be rear yard and side yard setbacks the same as set forth in the R -1 and R -3 zoning districts, respec- tively, except as modified below: (i) On corner lots intersecting U.S. Highway No. 1 where the front of the building is on the inter- secting street and the side yard of the building is on U.S. High- APPENDIX C— ZONING § 45 -33 way No. 1, the minimum side feet; one (1) additional space for each yard setback on U.S. Highway additional two hundred (200) square No. 1 shall be one hundred (100) feet of floor area up to five thousand feet measured from the street (5,000) square feet; one (1) addi- line to the side building line, tional space for each additional two and only for structures in ex- hundred fifty (250) square feet of cess of twenty (20) stories in floor space in excess of five thousand height shall five (5) feet be added (5,000) square feet. to the required side yard for 4. Offices, one (1) space for each three each story added to the build- hundred (300) square feet of floor ing in excess of twenty (20). area used for office purposes. (ii) On lots bordering the estab- 5. Schools and public buildings, one (1) lished bulkhead line, the space for each four (4) seats in the Intracoastal Waterway line or main auditorium or place of assem- any existing bulkhead, the max- bly. imum required rear yard and side yard setbacks shall be 6. Theaters, auditoriums, one (1) space twenty (20) feet from the estab- for each four (4) seats. lished bulkhead line, 7. No parking shall be permitted in the Intracoastal Waterway line or first ten (10) feet of the required existing bulkhead, whichever is front yard depth, measured from the closest in distance to the build- front property line. The restriction ing line; provided, however, that against parking in the first ten (10) said bulkhead line, Intracoastal feet of the required front yard depth Waterway line or existing bulk- measured from the front property head is at least five hundred line shall not apply to those proper - (500) feet from the opposite bulk- ties which have complied in full with head line, Intracoastal Water- the landscaping provisions of chap - way line or existing bulkhead, ter 41 -16 through 41 -25 [chapter 27, whichever is closest. article 1111, both inclusive. All other space regulations shall apply to S. Furniture display stores, one (1) space such buildings. for each four hundred (400) square E. Off - street parking regulations. feet of sales area. 1. Same as for the C -1A limited com- 9. Retail business with floor area in excess of fifty thousand (50,000) mercial district for churches, motels, square feet, one (1) space for each hotels, time -share units and restau- two hundred fifty (250) square feet of rants. non - storage floor area. 2. For general business, commercial or 10. Limited access self storage facilities, personal service establishments, one one (1) space for each two hundred (1) space for each two hundred (200) (200) storage units plus five (5) cus- square feet of nonstorage first floor tomer parking spaces. area, plus one (1) space for each two hundred (200) square feet of nonstor- F. Floor area regulations. age area above the first floor. L [Reserved.] 3. Medical or dental offices or clinics, 2. In time -share structures, each dwell - one (1) space for each one hundred ing unit having one (1) bedroom shall fifty (150) square feet of floor area, have a minimum floor area of seven up to three thousand (3,000) square hundred fifty (750) square feet. An Supp. No. 59 2504.3 § 45 -33 CI NORTH PALM BEACH CODE additional one hundred fifty (150) square feet of floor area shall be required for each additional bed- room provided. Conditions for permitted uses: A car wash and car waxing business whether in conjunction with a filling station or as an independent enter- prise shall be allowed to utilize an awning structure or structure which shall be located in the rear yard with a minimum five -foot setback and within the building side lines ex- tended. All activities, sales and storage of goods must be conducted entirely within completely enclosed build- ings with permanent nonmoving out- side walls. 3. No outside sidewalk or parking lot storage or display of merchandise will be permitted. 4. Limited access self - storage facilities shall only be allowed on properties within commercial planned unit de- velopments and accompanied by the following conditions: i) All exterior service doors must be not visible from any public street or adjacent property. ii) All buildings must be a maxi- mum of two (2) stories with architectural treatment to re- flect the actual number of sto- ries. iii) No blank walls shall be permit- ted. iv) A mix of uses must be provided that includes a minimum of ten (10) percent Gross Floor Area (GFA) retail or professional of- fice (excluding the on -site man- agement office for the self -stor- age facility). v) A minimum of one thousand (1,000) feet separation from property line to the closest ad- jacent property line shall be required between limited ac- cess self - storage facilities. (Ord. No. 20 -72, § 1; Ord. No. 4 -73; Ord. No. 10 -73, §§ 8, 9, 9- 13 -73; Ord. No. 22 -82, §§ 8, 9, 12 -9 -82; Ord. No. 9 -87, § 2, 5- 28 -87; Ord. No. 23 -90, § 4, 6- 28 -90; Ord. No. 7 -94, § 1, 4- 14 -94; Ord. No. 1 -95, § 1, 1- 12 -95; Ord. No. 24 -95, § 1, 7- 17 -95; Ord. No. 48 -96, § 1, 12- 12 -96; Ord. No. 1 -98, §§ 1 -7, 1 -8 -98; Ord. No. 27 -99, § 6, 8- 12 -99; Ord. No. 26 -2002, §§ 1 -3, 9- 26 -02; Ord. No. 2014 -05, § 2, 6- 26 -14) Sec. 45 -34. Commercial district. A. Uses permitted. Within any C -2 commercial district, no building structure, land or water shall be used, except for one or more of the following uses: supp. No. 59 2504.4 Any use permitted in the C -1A limited commercial district. Any retail business or commercial use which does not involve the manufacturing or processing of products. Personal service establishments, includ- ing, but not limited to, banks, barber- shops, bowling alleys, beauty salons, med- ical and dental clinics, professional and other offices, funeral homes, filling sta- tions, shoe repair shops, laundry pickup stations and self service laundries, furni- ture display stores and drugstores. 4. Full service automotive dealerships and accessory uses including paint and body shops, repair shops and garages, limou- sine service and towing service. 5. Retail and wholesale sales of new vehicu- lar parts, equipment and accessories with- out on -site installation. 6. Automobile service shops such as full ser- vice vehicle repair shops, muffler shops, tire shops, lubrication and oil change, window tinting, wash and detailing. 7. Automobile, truck and trailer rental busi- ness. 8. Adult entertainment establishment. APPENDIX C— ZONING 9. Limited Access Self Storage Facilities, which are defined as a fully enclosed structure for the purpose of indoor stor- age, with a minimal amount of access points from the exterior of the building. These exterior access points provide ac- cess to interior hallways that directly serve individual storage units rented to the public. No direct access from the exterior of the building to an individual storage unit is permitted. B. Development standards. Every commercial use located within the C -2 commercial district shall be so developed as to comply with the following performance standards: 1. Outside display: Outside display areas for sale, lease or rental of vehicles shall be designed as follows: (a) Vehicles may be stored on an ap- proved parking surface without ref- erence to parking stalls, stall strip- ing or wheel stops. This type of parking shall be allowed only pursu- ant to a site plan review and ap- proval subject to Article III of Chap- ter 6 of the Village Code of Ordinances. (b) Interior landscaping requirements within outside display areas pursu- ant to Article III of Chapter 27 of the Village Code of Ordinances shall be met by transferring the required land- scaping to the perimeter of the site abutting public right -of -ways. The transferred landscaped areas shall be designed and located so as to mitigate and buffer the impact of the aggregated vehicle storage area. 2. Locational and physical restrictions: (a) Repair facilities and paint and body shops shall be located at least one hundred (100) feet from any residen- tially -zoned lot. Service bay doors shall not be oriented toward any adjacent residentially -zoned prop- erty nor oriented toward any adja- cent public street. § 45 -34 (b) Accessory fuel pump islands and au- tomated wash facilities for vehicles shall not be located within one hun- dred (100) feet of any residentially - zoned property. Wash facilities shall be located within a completely en- closed building. Fuel pump islands shall be located within an enclosed area so that they are not visible off premises. (c) The sale, lease or rental of automo- biles, trucks, motorcycles, and recre- ational vehicles is allowed only on lots which meet the following mini- mum dimensions and area: (1) Minimum frontage of 125'. (2) Minimum width of 125'. (3) Minimum depth of 200'. (4) Minimum area of 1.5 acres. 3. Limited access self - storage facilities shall be accompanied by the following condi- tions: (a) All exterior service doors must not be visible from any public street or adjacent property. (b) The architectural treatment of all buildings must reflect the actual num- ber of stories. (c) No blank walls shall be permitted (d) A mix of uses must be provided that includes a minimum of ten percent (10 %) Gross Floor Area (GFA) retail or professional office (excluding the on -site management office for the self - storage facility). (e) A minimum of one thousand (1,000) feet separation from property line to the closest adjacent property line shall be required between limited access self - storage facilities. C. Use and operating restrictions. Every com- mercial use located within the C -2 commercial district shall be so operated as to comply with the following performance standards: 1. No industrial equipment or vehicles shall be sold, leased, rented or otherwise stored Supp. No. 59 2504.5 § 45 -34 NORTH PALM BEACH CODE within the C -2 district. For purposes herein, 7. No outdoor speakers or public address industrial equipment is defined as equip- systems that are audible from the exterior ment used primarily for purposes other of the site shall be permitted. than transportation or hauling. Trucks 8. Customer parking shall be marked with other than pickup trucks, vans and jeeps an above grade sign and shall be physi- shall be displayed in areas separated from cally separated from the vehicle sales, a public right -of -way by a building. storage and display area. This barrier 2. No vehicle shall be parked for display may be in the form of a landscape strip, purposes with its hood or trunk open, nor curbing or removable bollards. elevated off the ground in any way. Vehi- 9. The height of buildings, the site area of cles shall not be parked in any right -of- buildings, yard spaces, and floor area reg- way or driveway. ulations in the C -2 zoning district shall be the same as required in the C -1 neighbor- 3. Advertising, flags, pennants, streamers, hood commercial district, with the follow - balloons, signs or vehicle stock numbers ing exception: Limited access self - storage shall not be displayed on any vehicle or facilities shall be limited to a maximum of equipment. Similar objects or advertising three (3) stories in height. designed to attract the public's attention shall not be displayed outdoors on any lot, 10. With the following exceptions, off - street building, vehicle or equipment. parking regulations shall be the same as for the C -1 neighborhood commercial dis- 4. Any areas designated for the off - loading of trict: vehicles or for loading and deliveries shall (a) Full- service automotive dealerships, be located to the rear of buildings and Customer and employee parking re- shall be located so as to contain noise quirements; One (1) space for each on -site. These areas shall not be located five hundred (500) square feet en- closer than one hundred (100) feet from closed floor area, plus one (1) space any residentially -zoned lot and shall be per each four thousand five hundred appropriately designated, marked and (4,500) square feet of outdoor sales signed. display and rental area, plus one (1) 5. Dealers are prohibited from using streets space per service bay, plus one (1) in a residential zone for the testing of space per employee of the shift of vehicles after servicing and for the dem- largest employment. Parking for ve- onstration of vehicles. hicle storage, sales or display may not be counted toward meeting the 6. Exterior lighting fixtures shall not exceed number of required off - street park - twenty -five (25) feet in height; shall be ing spaces or to be provided for cus- directed away from adjacent properties; tomers and employees. shall confine light to the site only; and (b) Limited access self - storage facilities, shall not exceed when measured at any one (1) space for each two hundred property line, the following illumination: (200) storage units plus five (5) cus- (a) One hundred (100) foot- candles within tomer parking spaces. display areas. (Ord. No. 32 -97, § 1, 7- 10 -97; Ord. No. 18 -98, § 1, 8- 13 -98; Ord. No. 14 -2004, §§ 1 -3, 7 -8 -04) (b) Forty (40) foot- candles within all ar- eas. Sec. 45 -34.1. C -3 regional business district. (c) After 11:00 p.m., the illumination in The C -3 regional business district is designed display areas shall be reduced to for the re -use and/or redevelopment of commer- fifty (50) foot - candles. cial property. It contains special regulations and Supp. No. 59 2504.6 APPENDIX C procedures that are integrated with those of the Town of Lake Park to avoid conflicts that could otherwise be created by the location of the town/ village boundary. Within C -3 business districts, the following regulations shall apply: (1) Uses permitted. Within the C -3 zoning district, no building, structure, land, or water shall be used, unless otherwise per- mitted by these regulations, except for any combination of the following pur- poses: a. Banks, savings and loans, stockbro- kers, and similar financial institu- tions. b. Business offices, including medical and professional services. C. Community residential homes, sub- ject to the same requirements as apply in the R -2 zoning district, and family day care centers as defined in Chapter 402, Florida Statutes. d. Hotels, motels, and time -share units. e. Multiple - family dwellings (each build- ing containing three (3) or more units) and customary accessory uses, sub- ject to any limitations on residential uses in the adopted Comprehensive Plan. f. Personal services typically offered in conjunction with shopping facilities, such as laundromats, dry cleaners, barber and beauty shops, child care facilities, health clubs, and shops for the repair, cleaning, or rental of items weighing less than one hundred (100) pounds. g. Restaurants and other establish- ments where food and/or beverages are prepared and served. h. Retail sale of new or antique mer- chandise that is displayed indoors only, whether in freestanding build- ings or in a centrally managed shop- ping center or enclosed mall. i. Theaters and other entertainment facilities including nightclubs, game rooms, bowling alleys, and similar ZONING § 45 -34.1 establishments, provided they are fully enclosed and provided such uses shall not include adult entertain- ment establishments. (2) Off - street parking. All proposed land uses shall provide a sufficient number of park- ing spaces to accommodate the number of vehicles that can be expected to be at- tracted to that use. Individual land uses can provide at least the number of spaces listed below on the same parcel of land as the principal building (or on an adjoining parcel under identical ownership) in lieu of using the parking space standards found elsewhere in this Code. However, certain land uses may require less parking; and combinations of land uses may be able to reduce the total number of spaces by sharing those spaces during differing peak hours or because of pedestrian traffic or multi - purpose trips. Modified standards may be approved if fewer spaces will accommodate the number of vehicles that can be expected to be attracted to that use (or combination of uses) at the proposed location. Such a modification may be made on individual parcels of land (or adjoining parcels under identical ownership) by the building official when permitted by con- sensus national codes or standards or after submission of persuasive technical evidence (such as publications of the In- stitute of Transportation Engineers (ITE)). Modifications that involve shared parking on parcels of land that are not under identical ownership, or parking in a dif- ferent municipality than the principal building regardless of ownership, may be approved through the special C -3 PUD procedures found below in section 45- 34.1(10). a. Auditoriums of any kind — 1 space per 3 seats. b. Banks and other financial institu- tions — 3 spaces per 1,000 square feet. C. Hotels and motels — 1 space per guest room plus 1 space per 2 em- ployees during the peak period; park- Supp. No. 59 2504.7 § 45 -34.1 NORTH PALM BEACH CODE ing for restaurants and other guest facilities to be calculated separately. d. Offices, medical/dental — 5 spaces per 1,000 square feet. e. Offices, all other — 3 spaces per 1,000 square feet. f. Residential — 2 spaces per dwelling unit. g. Restaurants and nightclubs — 12 spaces per 1,000 square feet, except 6 spaces per 1000 square feet for restaurants offering take -out ser- vice. h. Retail uses and personal services — 4 spaces per 1,000 square feet, ex- cept 1.5 spaces per 1,000 square feet for furniture sales. Supp. No. 59 2504.8 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 -31 170.01 Ch. 24 1.01 et seq. 1 -2 ch. 175 2 -167 ch. 22F App. B, Art. 11, 175.061((7) 2 -169 § 36 -10 175.071(1) 2 -166 ch. 39 App. C, § 45 -2 175.071(8) 2 -166 Ch. 50 2 -181 175.101 26 -17 50.041 2 -181 175.333 2 -162 50.051 2 -181 ch. 177 App. B, Art. T, 55.03 29 -5(a) § 36 -2 ch. 98 Ch. 10 App. B, Art. 11, 101.657 10 -7 § 36 -8 112.181 2- 161(e)(9) App. B, Art. 11, ch. 121 2- 155 § 36 -15 161.55(1)(d) 6 -156 App. B, Art. TV, 161.041 6- 153 § 36 -27 161.053 6 -154 ch. 185 2 -167 ch. 162 2 -174 185.05(6) 2 -169 162.12(2) 2 -180 185.06(1)(b) 2 -166 ch. 163 12.5 -1 185.06(7) 2 -166 21 -1 185.08 26 -16 21 -11 202.195 29 -8(m) 21 -43, 21 -44 203.012 26 -51, 29 -3 App. B, Art. T, 29 -5(b) § 36 -2, App. B, Art. 203.012(5)(b) 26 -51 T, § 36 -4 ch. 205 Ch. 17, Art. TT App. B, Art. 11, 205.043(2), § 36 -16 205.043(3) 17 -24, 17 -25 App. B, Art. VT 205.053 17 -20 163.01 2 -4(f) 205.192 17 -22 163.161 et seq. 21 -01 210.03 17 -33 ch. 163.170, App. B, Art. 11, ch. 212 26 -53 §163.3164(17) § 36 -10 215.473 2 -166 163.225(3)(a) -(c) 5 -86 222.17 5 -1 163.295 6 -150 ch. 252 Ch.8 163.3161 et seq. Ch. 21, Art. TT 8- 4(a)(2) 163.3177 21 -44 252.38 et seq. 8 -6 163.3178 6 -155 253.125 7 -19 21 -44 280.02 2 -4(f) 163.3180(12) 21 -48 286.011 2 -1 ch. 166 6 -16 Ch. 316 18 -20 Ch. 24 316.008 Ch. 18 Ord. No. 2478 § 3 316.1955, 316.1956 18 -37 166.021 Ch. 17, Art. TT 320.01(1) 14 -37 166.221 17 -34 ch. 327 Ch.5 166.231 Ch. 26, Art. 111 327.02 5 -33 ch. 170 21 -2 19 -99 Supp. No. 59 2819 NORTH PALM BEACH CODE Section Section Section this Code Section this Code 335.065 App. B, Art. TV, 768.28 29 -12(d) § 36 -29.1 775.082, 775.083 2- 169(f) 337.29 29 -2 2 -255 337.401 29 -2, 29 -3 794.011 19 -31 29 -5(a), (e) 800.04 19 -31 29 -6(a) 827.071 19 -31 337.401(3) 28 -3 ch. 828 4 -13 337.403, 337.404 29 -7 ch. 847 App. C, § 45 -20 342.03 Ch.5 847.0145 19 -31 362.01 29 -2 870.041 8 -21 364.02 29 -3 870.44 8 -22 ch. 373 19 -200 870.45 8 -22 ch. 380 21 -44 872.05 2 -104 App. B, Art. 11, 893.03 45 -36 § 36 -10 893.035 45 -36 380.04 21 -103 893.0356 45 -36 393 App. C, § 45 -2 943.10(6) 2 -159 ch. 394 App. C, § 45 -2 943.10(8) 2 -159 ch. 395 App. C, § 45 -36 943.14 2 -159 ch. 400 App. C, § 45 -2 943.25(13) 1 -9 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 ch. 458 App. C, § 45 -36 ch. 459 App. C, § 45 -36 471.003 29- 8(c)(1) ch. 472 App. B, Art. 1, § 36 -6 ch. 480 App. C, § 45 -2 ch. 495 1 -10 ch. 553 6 -16 553.73 11 -11 553.73(2) 6 -2 553.775 6 -18 561.01 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 (The next page is 28691 Supp. No. 59 2820 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. 59 2893 NORTH PALM BEACH CODE (The next pale is 29331 Supp. No. 59 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 2014 -05 6 -26 -14 2 App. C, § 45 -33 A.3. 2014 -06 7 -24 -14 2 App. C, § 45 -27 E. App. C, § 45 -28 E.2. -4. App. C, § 45 -30 E.1. App. C, § 45 -31 G, H.1. App. C, § 45 -31.1 G, H.1. App. C, § 45 -32 E.7. 2014 -07 8 -14 -14 2 4 -1 Added 4 -13 (The next pale is 29331 Supp. No. 59 2894 CODE INDEX ALARMS Section A 19 -215 ABANDONMENT 19 -208 Abandoned real property ................ 15 -11 et seq. See: PROPERTY 19 -211 Boats 19 -210 Boat launching area; abandoned boats 19 -216 and equipment .................. 5 -36, 5 -37 Generally ............................ 5 -8 Discarded materials, (vehicles, boats, etc.) 19 -213 Abatement of public nuisances on pri- 45- 20(2), vate property ................... 14 -79 et seq. See: NUISANCES 45- 34.1(9) Dogs, other animals ..................... 4 -10 ACTS BY AGENTS 17 -50 Definitions and rules of construction ..... 1 -2 ADMINISTRATIVE CODE 19 -215 Audit committee ........................ 2 -56 et seq. See: AUDITS 19 -4 Bonds required of certain officers ........ 2 -42 Definition .............................. 2 -39 Departmental organization .............. 2 -40 Oaths of office 4 -10 Chief administrator and officers, form of oath ............................ 2 -41(b) Members of police department, form of oath ............................ 2 -41(c) Persons required to take oath of office . 2 -41(a) Law enforcement officers ........... 2- 41(a)(2) Officers ........................... 2- 41(a)(1) Policy and procedures 4 -7 Department heads .................... 2 -43(b) Departments ......................... 2 -43(c) Officers .............................. 2 -43(a) ADULT ENTERTAINMENT ESTABLISH - MENTS 4 -13(d) Zoning regulations re. See: 'ZONING (Ap- pendix C) ADVERTISING Handbills; distribution restricted......... 19 -7 Signs and outdoor displays .............. 6 -110 et seq. See: SIGNS AND BILLBOARDS AFFIDAVITS Home occupations; local business tax Affidavit of applicant required......... 17 -3(e) AFFIRMATION. See: OATH, AFFIRMATION, SWEAR OR SWORN AGREEMENTS. See: CONTRACTS AND AGREEMENTS ALARMS Section Alarm business central office required .... 19 -215 Alarm permit required .................. 19 -208 Application for ....................... 19 -209 Issuance ............................. 19 -211 Terms; fees; nontransferable .......... 19 -210 Audible alarms ......................... 19 -216 Supp. No. 59 2935 ALCOHOLIC BEVERAGES Section ALARMS (Cont'd.) Code enforcement special magistrate, en- 3 -3 forcement through ................. 19 -217 Definitions ............................. 19 -207 Exemptions ............................ 19 -218 False alarms 3 -2 Excessive false alarms declared public 3 -1 nuisance ........................ 19 -212 Service charge; collection ............. 19 -213 Fire prevention and protection 45- 20(2), Florida fire prevention code 45 -36.N Review of construction plans and fire 45- 34.1(9) suppression, detection and alarm systems and establishment of 17 -50 fee schedule .................. 12 -18 Identification required .................. 19 -215 System standards ....................... 19 -219 Telephone trunk lines 19 -4 Interference with police and fire rescue department trunk lines prohibited 19 -215 Violation and penalty ................... 19 -214 ALCOHOLIC BEVERAGES Consumption on playgrounds and public parks............................. 3 -3 Nudity, partial nudity, sexual conduct; pro- hibited at alcoholic beverage estab- lishments ......................... 3 -4 Sales restricted; hours of sale............ 3 -2 State law definitions adopted ............ 3 -1 Zoning Location of business for retail sales of alcoholic beverages .............. 45- 20(2), 45 -36.N C -3 Regional Business District...... 45- 34.1(9) AMBULANCES Definition .............................. 17 -50 Unlawful operation ..................... 17 -51 AMUSEMENTS AND AMUSEMENT PLACES Coin - operated amusements; proximity to schools restricted .................. 19 -4 AND, OR Definitions and rules of construction ..... 1 -2 ANIMALS AND FOWL Abandoning ; ............................ 4 -10 Birds Molesting songbirds .................. 4 -9 Village designated bird sanctuary; hunt- ing prohibited ................... 4 -2 Cats. See herein: Dogs and Cats Code enforcement, applicability re ....... 2 -173 Contagious diseases, animals with ....... 4 -11 Cruelty to animals ...................... 4 -7 Definitions ............................. 4 -1 Dogs and cats Breeding and retail sale of Adoption of shelter and rescue ani- mals ......................... 4 -13(d) NORTH PALM BEACH CODE Supp. No. 59 2936 Section Section ANIMALS AND FOWL (Cont'd.) APPEARANCE PLAN (Appendix A) (Cont'd.) Exemptions ....................... 4 -13(c) Criteria for appearance Puppy or kitten mills .............. 4 -13(a) Building and site to adjoining area, re- Sale or transfer of dogs or cats...... 4 -13(b) lationship of .................... IV(B) Violations, enforcement ............. 4 -13(e) Building design ...................... IV(D) Collar and tag Buildings to site, relationship of....... IV(A) Required .......................... 4 -25 Evaluation, factors for................ IV(H) Unauthorized removal ............. 4 -26 Landscape and site treatment ......... IV(C) Impoundment Disposition upon owner's failure to Maintenance - planning and design fac- redeem ....................... 4 -30(d) tors ............................ IV(G) Notice ............................. 4 -30(b) Miscellaneous structures and street hard - Redemption by owner .............. 4 -30(c) ware ........................... IV(F) Required .......................... 4 -30(a) Signs. ............................... IV(E) Inoculation .......................... 4 -24 Definitions ............................. VIII Prohibited in certain areas; exceptions. 4 -27 Maintenance for good appearance 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 in parks and on streets and Statement of policy ..................... II sidewalks .................... 4 -28(a) Dogs on property of others.......... 4 -28(b) ARCHAEOLOGICAL SITE PROTECTION Vicious, biting and attacking dogs ..... 4 -29 Appeals . ............................... 21 -107 Waste removal pp y............ Applicability ................ 21 -102 Persons walking dogs responsible for 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 Molesting songbirds or domestic pets ..... 4 -9 ASSEMBLIES Nuisances, animals creating ............. 4 -12 Meetings of boards and commissions; ad- Poisoning .............................. 4 -3 journment of ...................... 2 -3 Rabies control Meetings of specific boards, etc. See spe- Death or destruction, reporting........ 4 -46 cific subjects Muzzles; when required ............... 4 -45 Park and recreation area; meetings and Rabid animals gatherings ......................... 20 -22 et seq. Confinement ....................... 4 -43 See: PARKS, PLAYGROUNDS AND Duty to report; impounding......... 4 -44 RECREATION Nuisance, declared ................. 4 -42 ATLANTIC OCEAN ANNEXATION Regulations governing construction of docks, Planning and development; filing fees and piers in Lake Worth and Atlantic cost for voluntary annexation of land 21 -2 Ocean ............................. 5 -85 ANTENNAE AUDITS Zoning regulations ...................... 45 -21 Audit committee APPEARANCE PLAN (Appendix A) Access to records ..................... 2 -56 (Note— Section citations contained herein Administrative services ............... 2 -57 refer to section citations found within Composition; terms; vacancies......... 2 -52 Appendix A) Created .............................. 2 -51 Administration ......................... V Duties ............................... 2 -54 Areas of jurisdiction ..................... III Organization ......................... 2 -53 Basis ... ............................... I Removal ............................. 2 -55 Supp. No. 59 2936 CODE INDEX Section 0 BATHING Diseased persons prohibited from bathing in public pools, etc . ................ 19 -3 BICYCLES Park regulations ........................ 20 -6 Subdivisions, required improvements re bikeways .......................... 36 -29.1 Supp. No. 59 2936.1 Section