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Pages Replaced by Supplement #59� 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 . ............................... [1] 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. 57 xi NORTH PALM BEACH CODE Chapter Page Div. 11. Department of Community Development . 143 Art. IV Manager .... ............................... 144 Art. V. Pensions and Retirement Systems ............ 144 Div. 1. Generally ............................... 144 Div. 2. Social Security ........................... 144 Div. 3. Pension and Certain Other Benefits for Gen- 388 Art. VI. Reserved .... ............................... eral Employees .......................... 145 Div. 4. Pension and Certain Other Benefits for Fire 453 Art. I. In General .... ............................... and Police Employees .................... 153 Div. 5. Length of Service Award Plan for Volunteer 507 Art. I. In General .... ............................... 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. 57 xli ) TABLE OF CONTENTS— ConVd. 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. 57 xiii NORTH PALM BEACH CODE Chapter Page 17. Licenses and Miscellaneous Business Regulations......... 1051 Art. I. In General .... ............................... 1053 Art. II. Planning Commission ....................... Art. II. Local Business Tax .......................... 1057 1348 Art. III. Businesses Located Outside Village Limits ... 1060.4 Art. IV. Simulated Gambling Devices ................ 1063 Art. VI. Archaeological Site Protection Regulations ... Art. V. Ambulances .. ............................... 1065 1411 Art. VI. Garage and Other Sales ..................... 1066 Art. VII. Business Advisory Board ................... 1066 17.5 Reserved ............... ............................... 1121 18. Motor Vehicles and Traffic ............................... 1171 Streets, Sidewalks and Public Places ..................... Art. I. In General .... ............................... 1173 1519 Art. II. Operation of Vehicles Generally .............. 1173 Art. III. Stopping, Standing and Parking ............. 1175 19. Offenses and Miscellaneous Provisions ................... 1225 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. DX. 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. 57 xiv TABLE OF CONTENTS— ConVd. 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 ........................ 2486.6 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. 57 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. 57 %vi 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 iii 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.iii 1 77 OC xi, xii 57 79,80 OC xiii, xiv 57 81,82 58 xv, xvi 57 83 58 SH:1, SH:2 58 133 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 [1] Supp. No. 58 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 143, 144 52 333,334 45 144.1 52 335 45 145, 146 47 381 53 147,148 47 383,384 53 149, 150 47 385,386 53 151,152 47 387,388 53 152.1, 152.2 47 389,390 53 152.3, 152.4 47 391,392 53 153, 154 52 393,394 56 154.1, 154.2 52 395,396 56 154.3 52 397,398 56 155, 156 46 398.1 56 157, 158 52 398.15, 398.16 40 158.1, 158.2 52 399,400 53 159, 160 46 401 53 161, 162 46 453 OC 162.1, 162.2 46 455,456 22 163, 164 52 507 57 164.1, 164.2 52 509,510 57 164.3 52 511,512 57 165, 166 48 559 36 167, 168 48 561,562 52 169, 170 48 563 40 211 OC 615 36 213,214 19 617,618 36 263 OC 671 2 265,266 52 673 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 332.1 58 787,788 OC [2] Supp. No. 58 P� CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 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 1233 55 1681 OC Supp. No. 58 [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 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 2486.7, 2486.8 41 1787, 1788 33 2486.9, 2486.10 53 1788.1 33 2487, 2488 53 1789, 1790 21 2488.1, 2488.2 18 1791, 1792 21 2489, 2490 18 1793, 1794 21 2491, 2492 18 1795, 1796 21 2493, 2494 18 2043 OC 2495, 2496 18 2045, 2046 33 2497, 2498 32 2046.1 25 2499, 2500 32 2047, 2048 OC 2500.1 32 2049, 2050 OC 2501, 2502 25 2051, 2052 OC 2503, 2504 28 2053 OC 2504.1, 2504.2 29 2353 OC 2504.3 28 2355, 2356 OC 2505, 2506 10 2357, 2358 33 2507, 2508 13 2359, 2360 33 2509, 2510 51 2361, 2362 33 2510.1, 2510.2 51 2363, 2364 33 2510.2.1 45 2364.1 33 2510.3, 2510.4 54 2365, 2366 OC 2510.5, 2510.6 54 2367, 2368 37 2510.7, 2510.8 54 2368.1 37 2510.9, 2510.10 54 2369, 2370 OC 2510.11, 2510.12 54 2371, 2372 OC 2510.12.1, 2510.12.2 54 2373, 2374 33 2510.12.3 54 2375, 2376 33 2510.13, 2510.14 25, Add. 2377, 2378 33 2510.15, 2510.16 25, Add. [4] Supp. No. 58 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 2510.17, 2510.18 25, Add. 2875, 2876 OC 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 58 2510.37, 2510.38 25, Add. 2933, 2934 25 2510.39, 2510.40 25, Add. 2935, 2936 55 2510.41, 2510.42 25, Add. 2937, 2938 55 2510.43, 2510.44 25, Add. 2939, 2940 58 2510.45, 2510.46 25, Add. 2941, 2942 58 2510.47, 2510.48 25, Add. 2942.1 58 2510.49, 2510.50 25, Add. 2943, 2944 55 2510.51, 2510.52 25, Add. 2945, 2946 55 2510.53, 2510.54 25, Add. 2947, 2948 57 2510.55, 2510.56 25, Add. 2949, 2950 55 2511, 2512 57 2951, 2952 55 2512.1, 2512.2 57 2953, 2954 55 2512.2.1, 2512.2.2 57 2955, 2956 55 2512.3, 2512.4 49 2957, 2958 36 2512.5, 2512.6 50 2959, 2960 53 2512.7, 2512.8 51 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 55 2869, 2870 OC 2871 OC 2873 OC Supp. No. 58 [5] �� 1 Cl 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 8 -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- 8 -11 Included 52 2010 -05 3 -11 -10 Included 53 2012 -01 1 -12 -12 Omitted 53 2012 -02 3- 8 -12 Included 53 2012 -03 3 -22 -12 Included 53 2012 -04 5 -10 -12 Included 54 2012 -05 6 -28 -12 Omitted 54 2012 -06 7 -26 -12 Included 54 2012 -07 7 -26 -12 Included 54 Supp. No. 58 SH:1 NORTH PALM BEACH CODE Ord. No. Date Adopted Included/ Omitted Supp. No.: 2012 -08 8- 9 -12 Included 54 2012 -09 9 -27 -12 Omitted 55 2012 -10 9 -27 -12 Omitted 55 2012 -11 11- 8 -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 8 -22 -13 Omitted 57 2013 -12 9 -26 -13 Omitted 57 2013 -13 9 -26 -13 Omitted 57 2013 -14 9 -26 -13 Included 57 2014 -01 1 -23 -14 Included 57 2014 -02 3 -27 -14 Included 58 2014 -03 4 -10 -14 Included 58 2014 -04 4 -10 -14 Omitted 58 Supp. No. 58 SH:2 Chapter 4 ANIMALS AND FOWL* Art. I. In General, §§ 4.1 -4.23 Art. II. Dogs and Cats, §§ 4.24 -4.41 Art. III. Rabies Control, §§ 4.42 -4.46 *Cross references — Health and sanitation, Ch. 14; noise regulations for animals, § 19.107. 263 C/ ANIMALS AND FOWL § 4 -6 ARTICLE I. IN GENERAL Sec. 4 -1. Definitions. As used in this chapter, unless the context otherwise indicates: 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. 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, § 1) 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. Supp. No. 52 265 (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) Sec. 4.4. Hindering enforcement. 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 § 4 -6 NORTH PALM BEACH CODE 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 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) Supp. No. 52 266 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, 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 determine 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) Secs. 4- 13 -4 -23. Reserved. i t � r- APPENDIX C— ZONING § 45 -27 C � i 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, 1.982. 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. 41 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: 2486.7 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 1 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 hundred (7,500) square feet and have a width of not less than seventy -five (75) feet, measured at the building line. D. Yard space regulations. L Front yard. There shall be a front yard of not less than twenty -five (25) feet mea- sured from the street line to the front building line. 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured from the rear building line to the rear lot line. 3. Side ,yards. There shall be a side yard on each side of the side building line of not less than ten (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. (a) For a distance of one block on streets intersecting U.S. #1, measured from the right -of -way line of said U.S. #1, side yards of at least twenty -five (25) feet in depth shall be provided. E. Off street parking regulations. At least one parking space of at least two hundred (200) square feet shall be provided. All parking spaces shall consist of a durable surfaced area as approved by the community development director, enclosed in the dwelling, in an accessory building or in an unenclosed area, exclusive of the driveway, con- Su pp. No. 41 2486.8 netting the parking space to the street. All vehi- cles 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: 1. 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. 2. 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 erected tion of traditional chickee huts, per - within seven and one -half (71/2) 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 porate the same types of building 1 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. 53 2486.9 § 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) 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: 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. For single- family dwellings the same as for the R -1 single - family dwelling district. 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 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. 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 (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. Supp. No. 53 2486.10 F. Off - street parking regulations. 1. For single - family dwellings, the same as for the R -1 single - family dwelling district. 2. For each multiple - family dwelling unit, there shall be provided two (2) or more parking spaces of two hundred (200) square feet each, in accordance with the follow- ing formula: Two (2) such spaces shall be provided for each dwelling unit contain- ing 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 APPENDIX C— ZONING § 45 -28 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 examples: four (4) dwelling units containing three (3) or more bedrooms shall require ten (10) off - street parking spaces; three (3) dwelling units containing 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 of at least two hundred (200) square feet for each four (4) people accommodated within the church auditorium. 4. For schools, there shall be one (1) off - street parking space of at least two hun- dred (200) square feet for every one thou- sand (1,000) square feet of floor area. G. Community residential home regulations. 1. 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. 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. H. Mechanical equipment. All non -roof mounted 2. The village shall review the notification of mechanical equipment shall be located behind the the sponsoring agency in accordance with front building face of the principal structure in the zoning code. either the side yard or the rear yard. Such equip- Supp. No. 53 2487 § 45 -28 NORTH PALM BEACH CODE 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) 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 Supp. No. 53 2488 �. C- ZONING § 45 APPENDIX -30 minimum width of not less than seventy- (b) For structures in excess of two (2) five (75) feet. stories in height, the side yard re- f. For dwelling structures having in excess quirements shall be controlled by the provisions defined in paragraph of two (2) dwelling units, not less than two B of this section. thousand (2,000) square feet of lot area shall be added to the site for each dwell- 4. Exceptions. ing unit in excess of two (2). (a) On corner lots intersecting U. S. No structures shall occupy more than Highway No. 1 where the front of the thirty -five (35) percent of the site area. building is on the intersecting street and the side yard of the building is D. Yard space regulations. on U. S. Highway No. 1, the mini- mum side yard setback on U. S. 1. yard. Highway No..I shall be one hundred .Front (a) For a main structure of two (2) sto- (100) feet measured from the street ries or less, there shall be a front line to the side building line, and yard of not less than thirty -five (35) only for structures in excess of twenty feet measured from the street line to (20) stories in height shall have five the front building line, except along (5) feet be added to the required side both sides of U. S. [Highway] No. 1, yard for each story added to the building in excess of twenty (20). no setback less than one hundred (100) feet in depth measured from (b) On lots bordering the established j the front building line shall be pro- bulkhead line, the Intracoastal Wa- For a distance of one (1) block terway line or any existing bulk - on streets intersecting U. S. [High- head, the maximum required rear way] No. 1, measured from the right- yard and side yard setbacks shall be of -way line of said U. S. No. 1, side twenty (20) feet from the established yards of at least. twenty -five (25) feet Water- bulkhead line, Intracoastal Water - in depth shall be provided. way line or existing building, which- ever is closest in distance to the (b) For structures in excess of two (2) building line; provided, however, that stories in height, the front yard depth said bulkhead line, Intracoastal Wa- shall be controlled by the provisions terway line or existing bulkhead is defined in paragraph B of this sec- at least five hundred (500) feet from tion. the opposite bulkhead line, 2. Rear yard. Intracoastal Waterway line or exist - ing bulkhead, whichever is closest. (a) For structures of two (2) stories or less, the same as for the R -1 and R -2 E. Off-street parking regulations. districts. 1. For each multiple - family dwelling struc- (b) For structures in excess of two (2) ture, there shall be provided two (2) or stories in height, the rear yard depth more parking spaces of two hundred (200) shall be controlled by the provisions square feet each, in accordance with the defined in paragraph B of this sec- following formula: tion. Two (2) such spaces shall be provided for 3. Side yard. each dwelling unit containing not more (a) For structures of two (2) stories or than two (2) bedrooms and two and one- less, the same as for the R -1 and R -2 half (21/2) of such spaces shall be provided districts. for each dwelling unit containing three (3) Supp. No. 18 2488.1 § 45 -30 NORTH PALM BEACH CODE 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; 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, § 1; Ord. No. 17 -74, § 1) Supp. No. 18 2488.2 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 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. ?; APPENDIX C— ZONING § 45 -31 13. Clothing stores. cial building shall be sixteen thousand 14. Stationery stores, book stores and/or art (16,000) square feet and have a width of supply shops. not less than eighty (80) feet measured at the front and rear lot lines and at the 15. Pharmacies or apothecaries. front building line. 16. Photographic' studios and camera shops. 2. Maximum lot coverage. Main and acces- 17. Bakery shops, where products are sold at sory buildings shall cover no more than retail only. thirty -five (35) percent of the total lot 18. Sporting goods stores. area. 19. Personal gift shops. 3. Minimum lot coverage. No main and ac- cessory buildings shall be constructed that 20. Jewelry stores. would occupy less than ten (10) percent of 21. Marinas and their accessory uses, such as the total lot area or two thousand (2,000) wet boat storage facilities, gasoline sup- square feet, whichever is greater. plies, minor repair facilities that are inci- F. Yards. dental to wet boat storage and do not involve large boats and/or engine over- [1.] Front yards. All buildings facing U.S. haul. [Highway No.] 1 shall set back from the C. Conditions for permitted uses. right -of -way to provide a front yard of not less than seventy (70) feet. All buildings 1. All activities (except restaurants that qual- shall [be] set back from the rights -of- -way ify under outdoor seating provisions of of streets which intersect with U.S. [High- Appendix C— Zoning, golf clubs, swim- way No.] 1 providing a yard of not less .. ming pools and wet boat storage), sales than twenty -five (25) feet. and storage of goods must be conducted entirely within completely enclosed build- [2.] Side yards. All buildings less than twenty- ings with permanent nonmoving outside five (25) feet in height or two (2) stories in walls; height shall [be] set back from side lot lines so as to provide side yards of not less 2. No outside sidewalk or parking lot stor- than twenty (20) feet. age or display of merchandise will be permitted. All buildings three (3) stories in height 3. No manufacturing, or production of prod- shall [be] set back from side lot lines so as ucts for retail or wholesale will be permit - to provide side yards of not less than ted except for bakeries And their related twenty -five (25) feet. retail sales items. All buildings four (4) stories in height 4. All new marinas and improve- shall [be] set back from side lot lines so as .major, ments to existing marinas shall provide to provide side yards of not less than sewage pump -out service to boats seven thirty (30) feet. (7) meters (twenty -two and ninety -seven [3.] Rear yard. All buildings less than twenty - hundredths (22.97) feet) in length or more. five (25) feet in height or two (2) stories in D. Building height regulations. No building or height shall be set back from the rear lot structure shall exceed four (4) stories or forty -four line so as to provide a rear yard of not less (44) feet. Elevator towers and mechanical appa- than thirty (30) feet. ratus are not restricted to the forty- four -foot limit. E. Building site area regulations. All buildings three (3) stories in height shall [be] set back from the rear lot line so 1. Minimum building lot size. The minimum as to provide a rear yard of not less than lot of building site area for each commer- thirty -five (35) feet. Supp. No. 18 2489 § 45 -31 NORTH PALM BEACH CODE 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. Table of Parking Spaces Required Table of Parking Uses Spaces Required Banks; business or professional offices excluding One (1) per three hundred (300) square feet of doctors and dentists usable floor area, plus one (1) per each three (3) employees Barbershop or beauty shop Churches Country club Restaurants and cocktail lounges where food and drink may be consumed on the premises only and where eating and serving areas are entirely con- tained within the building, not including drive -in hamburger, ice cream, soft drink, or other drive -in and/or carry -out eating establishments. Hotels, motels and tourist courts Two (2) per barber or three (3) per beautician based on the design capacity of the structure One (1) per four (4) seats; or one (1) per thirty (30) square feet of usable floor area of auditorium, whichever is greater One (1) per five (5) members One (1) space for each seventy -five (75) square feet of area devoted to patron use, or one (1) space per three (3) fixed seats, whichever is the greater, plus one (1) space for each one and one -half (11/2) projected employees who would be actually work - ing during peak employment hours. Three (3) spaces, plus an additional space for each guest bedroom, plus an additional space for each fifteen (15) rooms or portions thereof. For exam- ple, a fifteen -room motel would need nineteen (19) parking spaces Supp. No. 18 2490 APPENDIX C- ZONING ` Uses Marina Medical and dental clinics; doctors and dentists offices Mortuaries or funeral parlors Private clubs, lodge or union headquarters 0 § 45 -31 Table.of Parking . Spaces Required 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 increased fifty (50) percent of that number as computed above One (1) space for each one hundred fifty (150) square feet of floor area up to three thousand (3,000); one (1) additional space for each addi- tional 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) Five (5) spaces per parlor or chapel unit; or one (1) per four (4) seats, whichever is greater One (1) per three (3) members based on the maxi- mum design capacity of the facility Retail stores and personal service establishments One (1) per two hundred (200) square feet of retail except as otherwise specified herein floor space Shopping centers containing five (5) or more stores, There shall be a ratio of four (4) square feet of or fifteen thousand (15,000) square feet of building parking (including driveways required for in- gress and egress and circulation) to each one (1) square foot of retail floor space Time -share units Off- street parking regulations. For each time- share unit structure, there shall be provided two (2) or more parking spaces of two hundred (200) square feet each, in accordance with the follow- ing formula: Two (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 containing three (3) or more bed- rooms, 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) dwellings units, for each dwell- ing units in excess of thirty (30) units and up to sixty (60) units one (1) such space shall be Supp. No. 18 2491 § 45 -31 NORTH PALM BEACH CODE l Uses Auditoriums and places of assembly without fixed seats Veterinary establishments 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. Each parking space shall be not less than two hundred (200) square feet in area 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 shall be built in accordance with specifi- cations for streets and parking of the Table of Parking Spaces Required provided for each dwelling unit containing not more than two (2) bedrooms, and for each dwell- ing 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 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 (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 contain- ing two (2) bedrooms each shall require one hundred thirty -five (135) off - street parking spac- es). One (1) per three (3) people based on the maximum design capacity of the structure 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. 18 2492 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. 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. / APPENDIX C- ZONING § 45 -31`:1 i 6. The parking lot shall not have access from a more restrictive zoning district. 7. 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. 8. Clearly defined driveways entering on U.S. [Highway No.] i 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. 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 Supp. No. 18 2493 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: 1. 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, § 1; 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) 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 such uses and in such manner as to minimize traffic hazards and interference with other land uses. B. Uses permitted. The following uses are per- mitted in the CB commercial district: 1. Reserved. § 45 -31.1 NORTH PALM BEACH CODE / l 2. Restaurants and cocktail lounges where 3. No manufacturing or production of prod- food and drink may be consumed on the ucts for retail or wholesale will be permit- premises only and where eating and serv- ted. ing areas are entirely contained within the building or the premises otherwise D. Building height regulations. No building or qualify under outdoor seating provisions structure shall exceed two (2) stories or twenty - of Appendix C— Zoning, not including five (25) feet. Elevator towers and mechanical drive -in hamburger, ice cream, soft drink apparatus are not restricted to the twenty -five- or other drive -in and/or carry -out eating foot limit. establishments. 3. Financial institutions. E. Building site area regulations: 4. Professional offices. 1. Minimum building lot size. The minimum lot of building site area for each commer- 5. Churches. cial building shall be fifty thousand (50,000) 6. Personal service establishments, such as square feet and have a width of not less barbershops, beauty shops and health sa- than two hundred fifty (250) feet mea- lons. sured at the front and rear lot lines and at the front building line. 7. Florist shops. 2. Maximum lot coverage. Main and acces- 8. Clothing stores. sory buildings shall cover no more than 9. Stationery stores, bookstores and/or art thirty -five (35) percent of the total lot supply shops. area. 10. Pharmacies or apothecaries. 3. Minimum lot coverage. No main and ac- 11. Photographic studios and camera shops. cessory buildings shall be constructed that would occupy less than ten (10) percent of 12. Sporting goods stores. the total lot area or five thousand (5,000) 13. Personal' gift shops. square feet, whichever is greater. 14: Jewelry stores. F. Yards. 15. Bakery shop, retail. [l.] Front yards. All buildings facing U.S. 16. Candy shop, retail. [Highway No.] 1 shall set back from the right -of -way to provide a front yard of not 17. Cigar /tobacco shop. less than twenty -five (25) feet. All build- 18. Seamstress. ings shall [be] set back from the right -of- 19. Shoe repair shop. way of streets which intersect with U.S. [Highway No.] 1 providing a yard of not 20. Tailor shop. less than twenty -five (25) feet. C. Conditions for permitted uses: [2.] Side yards. All buildings one (1) or two (2) stories in height or less than twenty -five 1. All activities (except restaurants that qual- (25) feet in height shall have a combined ify under outdoor seating provisions of side yard minimum width of forty (40) Appendix C— Zoning), sales and storage feet. of goods must be conducted entirely within completely enclosed buildings with perma- Zero side yard setbacks are permitted nent nonmoving outside walls. provided all other requirements of this 2. No outside sidewalk or parking lot stor- section are complied with. age [or] display of merchandise will be [3.] Rear yard. All buildings less than twenty - permitted. five (25) feet in height or two (2) stories in Supp. No. 18 2494 1; APPENDIX C— ZONING § 45 -31.1 height shall be set back from the rear lot 3 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. 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 Table of Parking Uses Spaces Required Banks, business or professional offices excluding One (1) per three hundred (300) square feet of doctors and dentists usable floor area, plus one (1) per each three (3) employees. 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 where food and drink may be consumed on the premises only and where eating and serving areas are entirely con- tained within the building, not including drive -in hamburger, ice.cream, soft drink or other drive -in and/or carry -out eating establishments Hotels, motels and tourist courts One (1) space for each seventy -five (75) square feet of area devoted to patron use, or one (1) space per three (3) fixed seats, whichever is the greater, plus one (1) space for each one and one -half (11/2) projected employees who would be actually work- ing during peak employment hours. Three (3) spaces, plus an additional space for each guest bedroom, plus an additional space for each fifteen (15) rooms or portions thereof. For exam- ple, a fifteen -room motel would need nineteen (19) parking spaces. Supp. No. 18 2495 § 45 -31.1 NORTH PALM BEACH CODE ) Supp. No. 18 2496 Table of Parking Uses Spaces Required Medical and dental clinics; doctors and dentists One (1) space for each one hundred fifty (150) offices square feet of floor area up to three thousand - (3,000); one (1) additional space for each addi- tional 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 service establishments, One (1) per two hundred (200) square feet of retail except as otherwise specified herein floor space. Time -share units Off- street parking regulations. For each time- share unit structure, there shall be provided two (2) or more parking spaces of two hundred (200) square feet each, in accordance with the follow- ing formula: Two (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 containing three (3) or more bed- rooms, 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) dwellings 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) bedrooms, and for each dwell - ing 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 (2Y2) 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 (For example: 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 Supp. No. 18 2496 APPENDIX C— ZONING § 45 -31 Table of Parking Uses Spaces Required each shall require ninety (90) off - street parking spaces; and ninety (90) dwelling units contain- ing two (2) bedrooms each shall require one hundred thirty -five (135) off - street parking spaces). Building lots containing five (5) or more stores, or There shall be a ratio of four (4) square feet of fifteen thousand (15,000) square feet of building parking (including driveways required for in- gress and egress and circulation) to each one (1) square foot of retail floor space. 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: 1. Each parking space shall be not less than two hundred (200) square feet in area 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 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. Supp. No. 32 2497 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. 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. J. Architecture. To provide the village with harmonious development, but without undue re- strictions, the following features are required: 1. 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- § 45 -31 NORTH PALM BEACH CODE �\ J1 stalled parallel to the store front sidewalks b. For each one and one -half (UY2) des - not less than nine (9) feet above the side- ignated boat storage spaces con - walk. nected with wet boat storage facili- (Ord. No. 10 -73, § 6, 9- 13 -73; Ord. No. 1 -78, § 1, ties, there shall be provided one (1) 2 -9 -78; Ord. No. 22 -82, §§ 4,5,9,12-9-82; Ord. No. two hundred - square -foot parking 15 -84, § 2, 7- 12 -84; Ord. No. 47 -96, § 1, 12- 12 -96; space, exclusive of workshop and of- Ord. No. 27 -99, §§ 3, 4, 8- 12 -99) fice areas. C. For each one hundred (100) square Sec. 45 -32. C- lAlimited commercial district. feet of workshop floor area, there A. Uses permitted. Within any C -1A limited shall be provided one (1) two hundred - commercial district, no building, structure, land square -foot parking space, and for or water shall be used, except for one (1) or more each two hundred (200) square feet of the following uses: of workshop area above the first floor, there shall be provided one (1) two 1. Reserved. hundred - square -foot parking space. 2. Hotels, motels and time -share units. d. For each three hundred (300) square 3. Restaurants other than drive -in restau- feet of floor area used for office pur- poses, there shall be provided one (1) rants, including cocktail lounges. two hundred - square -foot parking 4. Nursery and private schools. space. 5. Golf club and its accessory uses such as e. All new marinas and major improve - restaurant, bar, driving range and equip- ments to existing marinas shall pro- / ment store. vide sewage pump -out service to boats \ seven (7) meters (twenty -two and 6. Professional offices including real estate ninety -seven hundredths (22.97) feet) offices, finance offices, medical and dental in length or more. clinics and the like, providing same are architecturally and structurally in har- 8. Multiple - family dwelling structures as a mony with the spirit of the community. component of a commercial planned unit development containing a commercial com- 7. Marinas and their accessory uses such as ponent including retail and non - retail com- wet boat storage facilities, indoor dry boat mercial facing a primary street frontage storage facilities, gasoline supplies and with a depth to be determined by the such minor repair facilities as are inciden- village council. tal to boat storage and which do not involve major boat and/or engine over- B. Building height regulations. No main build - haul, provided all facilities are architec- ing shall exceed two (2) stories or thirty (30) feet turally and structurally in harmony with in height at the required front, rear and side the spirit of the community. Provided fur- building lines. For structures in excess of two (2) ther that: stories in height, five (5) feet shall be added to the a. For each three thousand (3,000) cu- required front, rear and side yards for each story bic feet of designated boat storage added to the building in excess of two (2). No main space connected with indoor dry boat building, however, shall occupy more than thirty - storage facilities and for each five five (35) percent of the site area so required. hundred (500) square feet of indoor C. Building site area regulations. retail boat display floor area, there shall be provided one (1) two hundred- 1. For single- and multiple- family dwelling square -foot parking space, exclusive structures, the same as required in the of workshop and office areas. R -1 and R -3 districts, respectively. Supp. No. 32 2498 APPENDIX C— ZONING § 45 -32 D. Yard space regulations. 4. Hotel apartments, one (1) space for each 1. Front yards. dwelling unit. (a) For main structures of two (2) sto- 4.1. Time - sharing units, the same as for C -A ries or less, there shall be a front commercial district. yard of not less than fifty (50) feet 5. Motels, one (1) space for each guest bed - measured from the street line to the room, plus one (1) space for the resident front line of the main building. manager or owner. (b) For structures in excess of two (2) 6. Restaurants, one (1) space for each seventy - stories in height, the front yard depth five (75) square feet of floor area devoted required shall be controlled by the to patron use, or one (1) space per three provisions defined in paragraph B of (3) fixed seats, whichever is the greater, this section. and one (1) space for each one and one - 2. Rear yard. half (11A) projected employees who would (a) For main structures of two (2) or less be actually working during peak employ- stories, the same as for R -1 and R -2 ment hours. district. 7. No parking shall be permitted in the first (b) For structures in excess of two (2) ten (10) feet of the required front yard stories in height, the rear depth re- depth, measured from the front property quired shall be controlled by the line. The restriction against parking in provisions defined in paragraph B of the first ten (10) feet of the required front this section. yard depth measured from the front prop- ] erty line shall not apply to those proper- (\ 3. Side yards. ties which have complied in full with the (a) For structures of two (2) stories or landscaping provisions of chapter 41 -16 less, the same as for R -1 and R -2 through 41 -25 [chapter 27, article III], districts. both inclusive. (b) For structures in excess of two (2) Each convalescent hospital and stories in height, the side yard re- nursing home shall be provided with quirements shall be controlled by one (1) parking space (200 square the provisions defined in paragraph feet) for each six (6) beds in the B of this section. establishment, plus one (1) parking (c) For a distance of one (1) block on space for each three hundred (300) streets intersecting U.S. [Highway square feet of administrative and service area within the building No.] 1, measured from the right -of- (kitchen, service halls, chapel, din - way line of said U.S. [Highway No.] ing room, lounge, visiting areas and 1, side yards of at least twenty -five treatment rooms). (25) feet in depth shall be provided. E. Off - street parking regulations. .:IF. 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 seven hundred fifty (750) square feet. An 2. Churches, the same as for the R -2 multiple- additional one hundred fifty (150) square family dwelling district. feet of floor area shall be required for each 3. For hotels, one (1) space for each three (3) additional bedroom provided. bedrooms, plus one (1) additional space 2. In time -share structures, each dwelling for each five (5) employees. unit having one (1) bedroom shall have a Supp. No. 32 2499 § 45 -32 NORTH PALM BEACH CODE / minimum floor area of seven hundred other complementary uses. The CC district shall fifty (750) square feet; an additional one serve as a transition between residential areas hundred fifty (150) square feet of floor and intense commercial development. area shall be required for each additional bedroom provided. B. Uses permitted. The following uses are per - mitted in the CC transitional commercial district: G. Conditions for permitted uses: 1. Financial institutions 1. All activities, sales and storage of goods 2. Professional offices must be conducted entirely within com- pletely enclosed buildings with perma- 3. Florists nent nonmoving outside walls. The follow- 4. Clothing stores ing exceptions apply: 5. Stationary [stationery] stores (a) Restaurants that qualify under out- door seating provisions of Appendix 6. Photo studios /camera shops C— Zoning. 7. Sporting goods stores (b) Marinas with enclosed new boat re- 8. Gift shops tail display area may utilize outdoor 9 Candy shops rear and side yard site area for ground level new boat storage, rigging, mi- 10. Seamstress /tailor shop nor repair and display subject to the 11. Barber shops following conditions: (i) Outdoor storage, rigging, mi- 12. Hair salons nor repair and display areas 13. Nail salons shall be completely screened 14. Instructional dance /music studios from the view of the street right- of -way and adjacent properties C. Conditions for permitted uses: with an opaque wall or fence to 1. All activities, sales and storage of a height of six (6) feet. goods must be conducted entirely (ii) The area of outdoor storage, within completely enclosed build- rigging and display area shall ings with permanent nonmoving out - not exceed the enclosed retail side walls. display floor area, including re- 2. No outside sidewalk of parking lot tail display area office space, or storage (or) display of merchandise fifteen (15) percent of the total will be permitted. site area, whichever is less. (Ord. No. 10 -72, § 2; Ord. No. 4 -73; Ord. No. 3. No manufacturing or production of 10 -73, § 7, 9- 13 -73; Ord. No. 14 -74; Ord. No. products for retail or wholesale will 14 -76, § 1, 7 -8 -76; Ord. No. 22 -82, §§ 6, 7, 9, be permitted. 12 -9 -82; Ord. No. 9 -87, § 1, 5- 28 -87; Ord. No. D. Building height regulations. No building or 17 -90, § 4, 6- 28 -90; Ord. No. 23 -90, § 3, 6- 28 -90; structure shall exceed two (2) stories or twenty Ord. No. 27 -99, § 5, 8- 12 -99; Ord. No. 03 -2001, five (25) feet. §§ 1, 2, 2 -8 -01; Ord. No. 2006 -06, § 1, 4- 13 -06) E. Building site area regulations: Sec. 45 -32.1. CC Transitional commercial dis- 1. Maximum lot coverage. Main and acces- trict. sory buildings shall cover no more than A. General description. This residential/com - thirty -five (35) percent of the total lot mercial transitional district is to provide for the area. development of low- intensity business offices and 2. Reserved. Supp. No. 32 2500 \ APPENDIX C— ZONING § 45 -32.1 C �y F. Yards. 1. Front yards. All buildings shall be con- structed from the Alternate A -I -A or Pros- Supp. No. 32 2500.1 i APPENDIX C— ZONING § 45 -33 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. Side yards. All buildings shall be set back from side lot lines so as to provide side yards of not less than fifteen (15) feet. 3. Rear yards. All buildings shall be set back from rear lot lines so as,to provide a rear yard of not less than fifteen (15) feet. G. Off- street parking regulations. Off - street parking shall be provided the same as for, the CA commercial district. H. Off - street parking layout, construction and maintenance shall be the same as for the CA commercial district. (Ord. No. 31 -97, § 1(Exhibit A), 7- 10 -97; Ord. No. 23 -99, § 1, 6- 10 -99; Ord. No. 15 -2000, § 1, 5- 25 -00) Sec. 45 -33. C -1 neighborhood commercial district. General description. This neighborhood com- mercial district is established to provide that the principal use of land is devoted to neighborhood 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, structure, land or water shall be used, except for one (1) or more of the following uses: Any use permitted in the C -1A limited commercial district. 2. Any retail business or commercial use including neighborhood commercial use that meets the daily living needs of vil- lage residents and which does not involve the manufacturing or processing of prod- ucts; provided, however, automobile re- pair shops are not a permitted use except Supp. No. 25 2501 as an accessory use to an automotive service station or retail automobile tire store. 3. Transient commercial uses serving either the motoring public or village residents including hotels and motels, conference and retreat facilities, filling stations and restaurants, excluding those with a drive - through. 4. 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, shoe repair shops, laundry pickup stations and self - service laundries, furniture display stores and drugstores. 5. Mobile home park. 6. Adult entertainment establishments. 7. Religious worship or related religious ac- tivities. 8. Limited access self storage facilities are defined as a fully enclosed structure for indoor storage with a minimal amount of access points from the exterior of the building. These exterior access points pro- vide access to interior hallways that di- rectly 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. 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 -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 § 45 -33 NORTH PALM BEACH CODE living facilities, administration or similar facili- the opposite bulkhead line, ties owed or operated by religious groups or Intracoastal Waterway line or exist - religious- related activities. ing bulkhead, whichever is closest. 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. All other space regulations shall apply to such buildings. E. Off- street parking regulations. 2. (a) For single - family and for multiple- family residential structures, there shall be rear yard and side yard setbacks the same as 3 set forth in the R -1 and R -3 zoning dis- tricts, respectively, except as modified be- low: (i) On corner lots intersecting U.S. High- way 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. High- way 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 five (5) feet be added to the required side yard for each story added to the building in excess of twenty (20). (ii) 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 bulkhead, 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 Supp. No. 25 2502 Same as for the C -1A limited commercial district for churches, motels, hotels, time- share units and restaurants. For general business, commercial or per- sonal service establishments, one (1) space for each two hundred (200) square feet of nonstorage first floor area, plus one (1) space for each two hundred (200) square feet of nonstorage area above the first floor. Medical or dental offices or clinics, one (1) space for each one hundred fifty (150) square feet of floor area, up to three thousand (3,000) square feet; one (1) ad- ditional space for each additional two hun- dred (200) square feet of floor area up to five thousand (5,000) square feet; one (1) additional space for each additional two hundred fifty (250) square feet of floor space in excess of five thousand (5,000) square feet. 4. Offices, one (1) space for each three hun- dred (300) square feet of floor area used for office purposes. 5. Schools and public buildings, one (1) space for each four (4) seats in the main audito- rium or place of assembly. 6. Theaters, auditoriums, one (1) space for each four (4) seats. 7. No parking shall be permitted in the first ten (10) feet of the required front yard depth, measured from the front property line. The restriction against parking in the first ten (10) feet of the required front yard depth measured from the front prop- erty line shall not apply to those proper- ties which have complied in full with the landscaping provisions of chapter 41 -16 through 41 -25 [chapter 27, article III], both inclusive. APPENDIX C— ZONING 8. Furniture display stores, one (1) space for each four hundred (400) square' feet of sales area. 9. Retail business with floor area in excess of fifty - thousand (50,000) square feet, one (1) space for each two hundred fifty (250) square feet of non - storage floor area. 10. Limited access self storage facilities, one (1) space for each two hundred (200) stor- age units plus five (5) customer parking spaces. F. Floor area regulations. 1. [Reserved.] 2. 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 additional one hundred fifty (150) square feet of floor area shall be required for each additional j bedroom provided. G. Conditions for permitted uses: 1. A car wash and car waxing business whether in conjunction with a filling sta- tion or as an independent enterprise shall be allowed to utilize an awning structure or structure which shall be located in the rear yard with a minimum five -foot set - back and within the building side lines extended. 2. All activities, sales and storage of goods must be conducted entirely within com- pletely enclosed buildings with perma- nent nonmoving outside walls. 3. No outside sidewalk or parking lot stor- age or display of merchandise will be permitted. 4. Limited access self - storage facilities shall only be allowed on properties within com- mercial planned unit developments and accompanied by the following conditions: i) All exterior service doors must be not visible from any public street or adjacent property. Supp. No. 28 2503 § 45 -34 ii) All buildings must be a maximum of two (2) stories ` with architectural treatment to reflect the actual num- ber of stories. iii) No blank walls shall be permitted. iv) A mix of uses must be provided that includes a minimum of ten (10) per- cent Gross Floor Area (GFA) retail or professional office (excluding the on- site management office for the self- storage facility). v) 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. (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) 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: 1. Any use permitted in the C -1A limited commercial district. 2. Any retail business or commercial use which does not involve the manufacturing or processing of products. 3. 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. § 45 -34 NORTH PALM BEACH CODE ) 5. Retail and wholesale sales of new vehicu- be designed and located so as to lar parts, equipment and accessories with- mitigate and buffer the impact of the out on -site installation. aggregated vehicle storage area. 6. Automobile service shops such as full ser- 2. Locational and physical restrictions: vice vehicle repair shops, muffler shops, (a) Repair facilities and paint and body tire shops, lubrication and oil change, shops shall be located at least one window tinting, wash and detailing, hundred (100) feet from any residen- 7. Automobile, truck and trailer rental busi - tially -zoned lot. Service bay doors ness. shall not be oriented toward any adjacent residentially -zoned prop - 8. Adult entertainment establishment. erty nor oriented toward any adja- cent public street. 9. Limited Access Self Storage Facilities, which are defined as a fully enclosed (b) Accessory fuel pump islands and au- structure for the purpose of indoor stor- tomated wash facilities for vehicles age, with a minimal amount of access shall not be located within one hun- points from the exterior of the building. dred (100) feet of any residentially - These exterior access points provide ac- zoned property. Wash facilities shall cess to interior hallways that directly serve be located within a completely en- individual storage units rented to the closed building. Fuel pump islands public. No direct access from the exterior shall be located within an enclosed of the building to an individual storage area so that they are not visible off unit is permitted. premises. B. Deuelopment standards. Every commercial (c) The sale, lease or rental of automo- use located within the C -2 commercial district biles, trucks, motorcycles, and recre- shall be so developed as to comply with the ational vehicles is allowed only on following performance standards: lots which meet the following mini- mum dimensions and area: 1. Outside display: Outside display areas for (1) Minimum frontage of 125' sale, lease or rental of vehicles shall be designed as follows: (2) Minimum width of 125' (a) Vehicles may be stored on an ap- (3) Minimum depth of 200' proved parking surface without ref- (4) Minimum area of 1.5 acres erence to parking stalls, stall strip- 3. Limited access self - storage facilities shall ing or wheel stops. This type of be accompanied by the following condi- parking shall be allowed only pursu- ant to a site plan review and ap- proval subject to Article III of Chap- (a) All exterior service doors must not ter 6 of the Village Code of be visible from any public street or Ordinances. adjacent property. (b) Interior landscaping requirements (b) The architectural treatment of all within outside display areas pursu- buildings must reflect the actual num- ant to Article III of Chapter 27 of the ber of stories. Village Code of Ordinances shall be (c) No blank walls shall be permitted met by transferring the required land- scaping to the perimeter of the site (d) A mix of uses must be provided that abutting public right -of -ways. The includes a minimum of ten percent transferred landscaped areas shall (10 %) Gross Floor Area (GFA) retail Supp. No. 28 2504 APPENDIX C— ZONING § 45 -34 or professional office (excluding the 6. Exterior lighting fixtures shall not exceed on -site management office for the twenty -five (25) feet in height; shall be self - storage facility). directed away from adjacent properties; (e) A minimum of one thousand (1,000) shall confine light to the site only; and feet separation from property line to shall not exceed when measured at any the closest adjacent property line property line, the following illumination: shall be required between limited (a) One hundred (100) foot - candles within access self - storage facilities. display areas. C. Use and operating restrictions. Every com- (b) Forty (40) foot - candles within all ar- mercial use located within the C -2 commercial eas. district shall be so operated as to comply with the (c) After 11:00 p.m., the illumination in following performance standards: display areas shall be reduced to fifty (50) foot - candles. 1. No industrial equipment or vehicles shall be sold, leased, rented or otherwise stored 7. No outdoor speakers or public address within the C -2 district. For purposes herein, systems that are audible from the exterior industrial equipment is defined as equip- of the site shall be permitted. ment used primarily for purposes other 8. Customer parking shall be marked with than transportation or hauling. Trucks an above grade sign and shall be physi- other than pickup trucks, vans and jeeps cally separated from the vehicle sales, shall be displayed in areas separated from storage and display area. This barrier a public right -of -way by a building. may be in the form of a landscape strip, 2. No vehicle shall be parked for display curbing or removable bollards. / purposes with its hood or trunk open, nor 9. The height of buildings, the site area of elevated off the ground in any way. Vehi- buildings, yard spaces, and floor area reg- cles shall not be parked in any right -of- ulations in the C -2 zoning district shall be way or driveway. the same as required in the C -1 neighbor - 3. Advertising, flags, pennants, streamers, hood commercial district, with the follow- ing exception: Limited access self - storage facilities shall be limited to a maximum of shall not be displayed on any vehicle or three (3) stories in height. equipment. Similar objects or advertising designed to attract the public's attention 10. With the following exceptions, off - street shall not be displayed outdoors on any lot, parking regulations shall be the same as building, vehicle or equipment. for the C -1 neighborhood commercial dis- trict: 4. Any areas designated for the off - loading of vehicles or for loading and deliveries (a) Full- service automotive dealerships, shall be located to the rear of buildings Customer and employee parking re- and 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) space per service bay, plus one (1) 5. Dealers are prohibited from using streets space per employee of the shift of in a residential zone for the testing of largest employment. Parking for ve- vehicles after servicing and for the dem- hicle storage, sales or display may onstration of vehicles. not be counted toward meeting the Supp. No. 29 2504.1 § 45 -34 NORTH PALM BEACH CODE number of required off-street park- ing spaces or to be provided for cus- tomers and employees. (b) Limited access self - storage facilities, one (1) space for each two hundred (200) storage units plus five (5) cus- tomer parking spaces. (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) Sec. 45 -34.1. C -3 regional business district. The C -3 regional business district is designed for the re -use and/or redevelopment of commer- cial property. It contains special regulations and 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 Supp. No. 29 2504.2 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 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 \ i 1 0 APPENDIX C— ZONING 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- 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. 28 2504.3 § 45 -34.1 \ . / `V \ / � 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. II, 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 -151 175.101 26 -17 50.041 2 -181 175.333 2 -162 50.051 2 -181 ch. 177 App. B, Art. I, 55.03 29 -5(a) § 36 -2 ch. 98 Ch. 10 App. B, Art. II, 101.657 10 -7 § 36 -8 112.181 2- 161(e)(9) App. B, Art. II, ch. 121 2 -155 § 36 -15 161.55(1)(d) 6 -156 App. B, Art. IV, 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. I, 29 -5(b) § 36 -2, App. B, Art. 203.012(5)(b) 26 -51 I, § 36 -4 ch. 205 Ch. 17, Art. II App. B, Art. II, 205.043(2), § 36 -16 205.043(3) 17 -24, 17 -25 App. B, Art. VI 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. II, ch. 212 26 -53 §163.3164(17) § 36 -10 215.473 2 -166 163.225(3)(a) -4c) 5 -86 222.17 5 -1 163.295 6 -150 ch. 252 Ch.8 163.3161 et seq. Ch. 21, Art. II 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. II 320.01(1) 14 -37 166.221 17 -34 ch. 327 Ch.5 166.231 Ch. 26, Art. III 327.02 5 -33 ch. 170 21 -2 19 -99 Supp. No. 55 2819 NORTH PALM BEACH CODE T� Section Section Section this Code Section this Code 335.065 App. B, Art. IV, 768.28 29 -12(d) § 36 -29.1 775.082, 775.083 2 -169(0 337.29 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. 847 App. C, § 45 -20 337.403, 337.404 29 -7 847.0145 19 -31 342.03 Ch.5 870.041 8 -21 362.01 29 -2 870.44 8 -22 364.02 29 -3 870.45 8 -22 ch. 373 19 -200 872.05 2 -104 ch. 380 21 -44 893.03 45 -36 App. B, Art. II, 893.035 45 -36 § 36 -10 893.0356 45 -36 380.04 21 -103 943.10(6) 2 -159 393 App. C, § 45 -2 943.10(8) 2 -159 ch. 394 App. C, § 45 -2 943.14 2 -159 ch. 395 App. C, § 45 -36 943.25(13) 1 -9 ch. 400 App. C, § 45 -2 ch. 401 11.5 -21 ch. 402 App. C, § 45 -2 App. C, § 45 -34.1 402.302(4), 402.302(5) 17 -33 413.08 4 -27(d) ch. 419 17 -33 App. C, § 45 -2 ch. 458 App. C, § 45 -36 ch. 459 App. C, § 45 -36 471.003 29- 8(c)(1) ch. 472 App. B, Art. I, § 36 -6 ch. 480 App. C, § 45 -2 ch. 495 1 -10 ch. 553 6 -16 553.73 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 i [The next page is 28691 1 Supp. No. 55 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 Rpld 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 Rpld 12- 29 -12 -32 12- 39 -12 -43 12- 51 -12 -56 13 12- 102 -12 -105 14 14 -31(c) 15 18- 19(b), (b)(4) 16 19- 116(a) 19-117(b), (b)(3) 17 19- 185(c), (c)(2) 19- 186(b) 18 19 -207 19- 209(a) 19- 210(d), (e) 19 -211 19 -213 19- 215(a), (c) 19 -217 19 20 -5(2) 20 -6(1) 20 23 -42 23 -45 23 -48 2011 -22 12- 8 -11 2 2- 159(a), (b) 3 2- 161(h) Added 2- 161(i) 4 2- 170(2) Added 2- 170(3) Supp. No. 58 2893 NORTH PALM BEACH CODE Adoption Ord. No. Date Section 2012 -02 3- 8 -12 2 3 4 2013 -14 9 -26 -13 2 5 1 -23 -14 2 2014 -02 6 2012 -03 3 -22 -12 2 6- 111(G), (I) 3 Rpld 6 -150 4 2012 -04 5 -10 -12 2 2012 -06 7 -26 -12 2 2012 -07 7 -26 -12 2 Added 17- 71 -17 -74 3 App. C, § 45 -35.3, 4 2012 -08 8- 9 -12 2 2013 -02 2 -14 -13 2 2013 -04 4 -25 -13 2 2013 -07 4 -11 -13 2 2013 -09 5 -23 -13 2 2013 -14 9 -26 -13 2 2014 -01 1 -23 -14 2 2014 -02 3 -27 -14 2 2014 -03 4 -10 -14 2 [The next page is 29331 Supp. No. 58 2894 Section this Code 6-17,6-18 6- 57 -6 -60 6- 111(G), (I) 6- 117(C), (J) Rpld 6 -150 Rpld 6 -150 -6-156 App. C, § 45 -2 Added App. C, § 45 -27G. Added App. C, § 45 -28H. 2 -4(f) Added 17- 71 -17 -74 App. C, § 45 -35.3, 4 -1A App. C, § 45 -35.3, 4 -2 App. C, § 45 -35.3, 4 -3 Added 17- 40 -17 -45 Rpld 5 -26 Rpld 19 -99 -19 -120 Added 19 -99 -19 -106 2 -4(d), 2 -4(f) (g), (h) 2 -4(p) Added 6- 114(C) Rnbd 6- 114(C) —(E) as 6- 114(D) —(F) 6- 114(D) Added 6- 114(E)(2)e. Rnbd 6- 114(E)(2)e. as 6- 114(E)(2)i Added Ch. 8, Art. III, § 8 -31 App. C, § 45 -36 D. Added D -2. 5- 84(6)a. 1 -8 [The next page is 29331 Supp. No. 58 2894 CODE INDEX ADMINISTRATIVE CODE Section A 2 -56 et seq. ABANDONMENT 3 -3 Abandoned real property ................ 15 -11 et seq. See: PROPERTY 2 -39 Boats 2 -40 Boat launching area; abandoned boats 3 -2 and equipment .................. 5- 36,5 -37 Generally............................ 5 -8 Discarded materials, (vehicles, boats, etc.) 19 -213 Abatement of public nuisances on pri- 2 -41(c) vate property ................... 14 -79 et seq. See: NUISANCES 2- 41(a)(2) Dogs, other animals ..................... 4 -10 ACTS BY AGENTS 17 -50 Definitions and rules of construction ..... 1 -2 ADMINISTRATIVE CODE Section Audit committee ........................ 2 -56 et seq. See: AUDITS 3 -3 Bonds required of certain officers ........ 2 -42 Definition .............................. 2 -39 Departmental organization .............. 2 -40 Oaths of office 3 -2 Chief administrator and officers, form of 3 -1 oath ............................ 2 -41(b) Members of police department, form of 19 -213 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 17 -50 Department heads .................... 2 -43(b) Departments ......................... 2 -43(c) Officers .............................. 2 -43(a) ADULT ENTERTAINMENT ESTABLISH- 19 -4 MENTS Zoning regulations re. See: ZONING (Ap- 19 -215 pendix C) 19 -214 ADVERTISING 4 -10 Handbills; distribution restricted......... 19 -7 Signs and outdoor displays .............. 6 -110 et seq. See: SIGNS AND BILLBOARDS AFFIDAVITS 4 -2 Home occupations; local business tax Affidavit of applicant required......... 1723(e) AFFIRMATION. See: OATH, AFFIRMATION, 4 -11 SWEAR OR SWORN 4 -7 AGREEMENTS. See: CONTRACTS AND 4 -1 AGREEMENTS ALARMS Alarm business central office required .... Alarm permit required .................. Application for ....................... Issuance ............................. Terms; fees; nontransferable .......... Audible alarms ......................... 19 -215 19 -208 19 -209 19 -211 19 -210 19 -216 Supp. No. 55 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 AMUSEMENTSANDAMUSEMENT 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 Collar and tag Required .......................... 4 -25 Unauthorized removal ............. 4 -26 NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Cont'd.) APPEARANCE PLAN (Appendix A) (Cont'd.) Impoundment Maintenance - planning and design fac- Disposition upon owner's failure to tors ............................ IV(G) redeem ....................... 4 -30(d) Miscellaneous structures and street hard - Notice ............................. 4 -30(b) ware ........................... IV(F) Redemption by owner .............. 4 -30(c) Signs. ............................... ME) Required .......................... 4 -30(a) Definitions . ............................ VIII Inoculation .......................... 4 -24 Maintenance for good appearance Prohibited in certain areas; exceptions. 4 -27 Buildings and appurtenances.......... VII(B) Rabies control. See herein that subject Public property ....................... VII(C) Registration ......................... 4 -24 Site .. ............................... VII(A) Running at large Participation and incentives ............. VI Cats .............................. 4 -28(c) Statement of policy ..................... II Dogs in parks and on streets and sidewalks .................. 4 -28(a) ARCHAEOLOGICAL SITE PROTECTION Dogs on property of others.......... 4 -28(b) Appeals . ............................... 21 -107 Vicious, biting and attacking dogs ..... 4 -29 Applicability ............................ 21 -102 Waste removal Archaeological review, development sub - Persons walking dogs responsible for ject to ............................. 21 -104 removal of waste .............. 4 -31 Certificate to dig........................ 21 -105 Waste - removal implements, persons Cost .... ............................... 21 -106 walking dog to carry.......... 4 -32 Definitions ............................. 21 -103 Enforcement Hearing . ............................... 21 -108 General enforcement ................. 4 -5 Intent... ............................... 21 -101 Hindering enforcement ............... 4 -4 Purpose. ............................... 21 -101 Fight, causing animals to ................ 4 -8 Violations and penalties ................. 21 -108 Keeping certain animals prohibited; excep- ASSEMBLIES tion ............................... 4 -6 Meetings of boards and commissions; ad- Killing ................................. 4 -3 journment of ...................... 2 -3 Molesting songbirds or domestic pets ..... 4 -9 Meetings of specific boards, etc. See spe- Nuisances, animals creating ............. 4 -12 cific subjects Poisoning .............................. 4 -3 Park and recreation area; meetings and Rabies control gatherings ......................... 20 -22 et seq. Death or destruction, reporting p g........ 4 -46 See: PARKS, PLAYGROUNDS AND Muzzles; when required ............... 4 -45 RECREATION Rabid animals Confinement ....................... 4 -43 ATLANTIC OCEAN Duty to report; impounding......... 4 -44 Regulations governing construction of docks, Nuisance, declared ................. 4 -42 piers in Lake Worth and Atlantic Ocean ............................. 5 -85 ANNEXATION Planning and development; filing fees and AUDITS cost for voluntary annexation of land 21 -2 Audit committee Access to records ..................... 2 -56 ANTENNAE Administrative services ............... 2 -57 Zoning regulations ...................... 45 -21 Composition; terms; vacancies......... 2 -52 APPEARANCE PLAN (Appendix A) Created .............................. 2 -51 A ;/com;(Note— Section citations contained Duties ............................... Organization ......................... 2 -54 2 -53 herein refer to section citations found Removal ............................. 2 -55 within Appendix A) Administration ......................... V Areas of jurisdiction ..................... III B Basis ... ............................... I BATHING Criteria for appearance Diseased persons prohibited from bathing Building and site to adjoining area, re- in public pools, etc ................. 19 -3 lationship of .................... IV(B) Building design ...................... IV(D) BICYCLES Buildings to site, relationship of....... IV(A) Park regulations ........................ 20 -6 Evaluation, factors for ................ IV(H) Subdivisions, required improvements re Landscape and site treatment......... IV(C) bikeways .......................... 36 -29.1 Supp. No. 55 2936