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Code of Ordinances Supplement 60SUPPLEMENT NO. 60 February 2015 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2014 -14, adopted December 11, 2014. See the Code Comparative Table for further information. Remove Old Pages xi —xvi Checklist of up -to -date pages SH:1, SH:2 134.3 -138.3 153 -154.3 158.1 -160 381 387 -392 891, 892 1345, 1346 2479 2509 - 2510.2.1 2515 - 2516.1 2819, 2820 2893, 2894 2936.1 -2938 Insert New Pages xi —xvi Checklist of up -to -date pages (following Table of Contents) SH:1, SH:2 135 - 138.10 152.5 -153 159 -160.2 381, 382 387 -392.5 891, 892 1345 - 1346.1 2479, 2480 2509 - 2510.2.1 2515 - 2516.1 2819, 2820 2893 -2895 2937 - 2938.1 TABLE OF CONTENTS Page Officials of the Village ........ ............................... iii Preface ...................... ............................... v Adopting Ordinance .......... ............................... vii Readopting Ordinance ........ ............................... x.i Checklist of Up -to -Date Pages . ............................... Ill Supplement History Table .... ............................... SH:1 PART I CHARTER Charter...................... ............................... 1 Art. I. Corporate Name .............................. 3 Art. I.A. Vision Statement ........................... 3 Art. II. Territorial Boundaries ....................... 5 Art. III. Legislative .. ............................... 10.5 Art. IV. Administrative .............................. 15 Art. V. Qualifications and Elections .................. 17 Art. VI. Transition Schedule ......................... 18 Charter Comparative Table ... ............................... 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ........ ............................... 77 2. Administration ........... ............................... 133 Art. I. In General .... ............................... 135 Art. II. Council ...... ............................... 138.7 Div. 1. Generally ............................... 138.7 Div. 2. Rules of Procedure ....................... 138.8 Art. III. Administrative Code ........................ 138.8 Div. 1. Generally ............................... 138.8 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. 60 Xi NORTH PALM BEACH CODE Chapter Page 6. Buildings and Building Regulations ....................... Div. 11. Department of Community Development . 143 Art. IV. Manager .... ............................... 144 Art. V. Pensions and Retirement Systems ............ 144 Div. 1. Generally ............................... Div. 1. Generally ............................... 144 387 Div. 2. Social Security ........................... 144 Art. Div. 3. Pension and Certain Other Benefits for Gen- Art. V. Signs and Outdoor Displays .................. 392.1 eral Employees .......................... 145 401 Div. 4. Pension and Certain Other Benefits for Fire 401 and Police Employees .................... 152.3 Div. 5. Length of Service Award Plan for Volunteer Firefighters ............................. 164 Div. 6. ICMA Defined Contribution Pension Plan.. 164.1 Art. VI. Code Enforcement .......................... 164.2 Art. VII. Alternate Method of Code Enforcement ...... 169 3. Alcoholic Beverages ....... ............................... 211 4. Animals and Fowl ........ ............................... 263 Art. I. In General .... ............................... 265 Art. II. Dogs and Cats .............................. 267 Art. III. Rabies Control ............................. 269 5. Boats, Docks and Waterways ............................. 319 Art. I. In General .... ............................... 321 Art. II. Boat Launching Area ........................ 325 Art. III. Construction Requirements ................. 326 Div. 1. Generally ............................... 326 Div. 2. Canals ... ............................... 326 Div. 3. Bulkheads and Seawalls .................. 327 Div. 4. Docks and Piers ......................... 328 Div. 5. Erosion Control Structures ............... 333 Art. IV. Marine Sanctuaries ......................... 333 Art. V. Waterways Board ............................ 334 6. Buildings and Building Regulations ....................... 381 Art. I. In General .... ............................... 383 Art. II. Minimum Construction Standards ............ 383 Art. III. Appearance Code ........................... 385 Div. 1. Generally ............................... 385 Div. 2. Reserved . ............................... 387 Div. 3. Certificate of Appropriateness ............. 387 Art. IV. Abatement of Unsafe or Unsanitary Buildings 388 Art. V. Signs and Outdoor Displays .................. 392.1 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. 60 Xii TABU OF CONTENTS— Cont'd. Chapter Page Art. II. Civil Disorders and Disturbances ............. 510 Art. III. Exempt Employee Emergency Duty .......... 511 9. Country Club ............. ............................... 559 Art. I. In General .... ............................... 561 Art. II. Golf Advisory Board ......................... 562 Art. III. Finances .... ............................... 563 10. Elections ................ ............................... 615 Art. I. In General .... ............................... 617 Art. II. Reserved .... ............................... 618 Art. III. Reserved .... ............................... 618 Art. IV. Polling Locations ........................... 618 11. Electricity ............... ............................... 671 Art. I. In General .... ............................... 673 Art. II. Electrical Code .............................. 673 11.5. Emergency Service ..... ............................... 695 Art. I. In General .... ............................... 697 Art. II. Emergency Medical Services ................. 697 12. Fire Prevention and Protection .......................... 723 Art. I. In General .... ............................... 725 Art. II. Florida Fire Prevention Code ................. 725 Art. III. Reserved .... ............................... 726 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances ........... 726 12.5 Flood Damage Prevention .............................. 777 Art. I. In General .... ............................... 779 Art. II. Administration .............................. 783 Art. III. Provisions for Flood Hazard Reduction ....... 786 13. Reserved ................ ............................... 839 14. Health and Sanitation ... ............................... 889 Art. I. In General .... ............................... 891 Art. II. Garbage, Trash and Refuse .................. 891 Div. 1. Generally ............................... 891 Div. 2. Garbage Collection and Disposal .......... 891 Div. 3. Reserved . ............................... 893 Art. III. Reserved .... ............................... 894 Art. IV. Abatement of Public Nuisances on Private Prop - erty........................................ 894 15. Housing ................ ............................... 945 Art. I. In General .... ............................... 947 Art. II. Abandoned Real Property .................... 949 16. Library ................. ............................... 997 Art. I. In General .... ............................... 999 Art. II. Library Board ............................... 999 Supp. No. 60 xiii NORTH PALM BEACH CODE Chapter Page 17. Licenses and Miscellaneous Business Regulations ......... 1051 Art. I. In General .... ............................... 1053 Art. II. Local Business Tax .......................... 1057 Art. III. Businesses Located Outside Village Limits ... 1060.4 Art. IV. Simulated Gambling Devices ................ 1063 Art. V. Ambulances .. ............................... 1065 Art. VI. Garage and Other Sales ..................... 1066 22. Art. VII. Business Advisory Board ................... 1066 17.5 Reserved ............... ............................... 1121 18. Motor Vehicles and Traffic ............................... 1171 In General .... ............................... Art. I. In General .... ............................... 1173 Reserved .... ............................... Art. II. Operation of Vehicles Generally .............. 1173 Reserve Force .............................. Art. III. Stopping, Standing and Parking ............. 1175 19. Offenses and Miscellaneous Provisions ................... 1225 In General .... ............................... Art. I. In General .... ............................... 1227 Art. II. Sexual Offenders and Sexual Predators ....... 1228 Art. III. Offenses Against Property ................... 1228.1 Art. IV. Offenses Against Public Morals .............. 1228.1 Art. V. Offenses Against Public Peace ................ 1229 Art. VI. Noise Control .............................. 1229 Art. VII. Reserved ... ............................... 1232 Art. VIII. Weapons .. ............................... 1232 Art. IX. Water Shortage Emergencies ................ 1237 Art. X. Alarms ...... ............................... 1238 Art. XI. Wellfield Protection ......................... 1242 20. Parks, Playgrounds and Recreation ...................... 1289 Art. I. In General .... ............................... 1291 Art. II. Meetings and Gatherings .................... 1292 Div. 1. Generally ............................... 1292 Div. 2. Permit ... ............................... 1292 Art. III. Recreation Advisory Board .................. 1293 21. Planning and Development .............................. 1343 Art. I. In General .... ............................... 1345 Art. II. Planning Commission ....................... 1347 Art. III. Board of Adjustment ........................ 1348 Art. IV. Concurrency Management ................... 1350 Art. V. Stormwater Management .................... 1363 Art. VI. Archaeological Site Protection Regulations ... 1366.1 22. Reserved ................ ............................... 1411 23. Police ................... ............................... 1463 Art. I. In General .... ............................... 1465 Art. II. Reserved .... ............................... 1465 Art. III. Reserve Force .............................. 1465 24. Streets, Sidewalks and Public Places ..................... 1517 Art. I. In General .... ............................... 1519 Supp. No. 60 xiv TABU OF CONTENTS— Cont'd. Chapter Page Art. II. Excavations .. ............................... 1519 Div. 1. Generally ............................... 1519 Div. 2. Permit ... ............................... 1520 Art. III. Sidewalks and Driveways ................... 1520 Div. 1. Generally ............................... 1520 Div. 2. Permits .. ............................... 1523 25. Swimming Pools ......... ............................... 1573 Art. I. In General .... ............................... 1575 Art. II. Reserved .... ............................... 1575 Art. III. Reserved .... ............................... 1576 26. Taxation ................ ............................... 1627 Art. I. In General .... ............................... 1629 Art. II. Insurance Excise Taxes ...................... 1629 Art. III. Utility Tax .. ............................... 1629 Art. IV. Telecommunications Service Tax ............. 1630 27. Trees and Shrubbery ..... ............................... 1681 Art. I. In General .... ............................... 1683 Art. II. Trees in Swale Areas ........................ 1683 Art. III. Landscaping ............................... 1684 Div. 1. Generally ............................... 1684 Div. 2. Reserved . ............................... 1686 Div. 3. Requirements for Certain Yard Areas, Off - Street Parking and Other Vehicular Use Areas .... ............................... 1686 28. Use of Rights -of -Way for Utilities ........................ 1739 29. Telecommunications ..... ............................... 1781 Appendices A. Appearance Plan ......... ............................... 2043 B. Subdivisions ............. ............................... 2353 Art. I. In General .... ............................... 2355 Art. II. Procedures for Subdivision Plat Approval ..... 2358 Art. III. Design Standards .......................... 2365 Art. IV. Required Improvements ..................... 2368.1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Amendments ............................... 2378 Art. VII. Legal Status ............................... 2379 C. Zoning ................... ............................... 2479 Art. I. In General .... ............................... 2480.1 Art. II. Generally .... ............................... 2484 Art. III. District Regulations ........................ 2487 Arts. IV, V. Reserved . ............................... 2515 Art. VI. Amendments —Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises ............... ............................... 2619 Supp. No. 60 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. 60 xvi Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page- for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up -to -date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up -to -date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 56 13, 14 25 iii 1 15, 16 33 V, vi OC 16.1 33 vii, viii 0C 17, 18 25 ix OC 19 25 x.i, x.ii 1 65 53 x.m 1 77 OC xi, xii 60 79,80 OC xiii, xiv 60 81,82 58 xv, xvi 60 83 58 SH:1, SH:2 60 133 52 1 25 134.1, 134.2 34 3,4 25 135, 136 60 5,6 25 137, 138 60 7,8 25 138.1, 138.2 60 9, 10 29 138.3, 138.4 60 10.1, 10.2 53 138.5, 138.6 60 10.3, 10.4 53 138.7, 138.8 60 10.5, 10.6 53 138.9, 138.10 60 10.7 53 139, 140 34 11, 12 25 140.1, 140.2 28 Ill Supp. No. 60 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 141,142 52 331, 332 58 143, 144 52 332.1 58 144.1 52 333, 334 45 145,146 47 335 45 147, 148 47 381, 382 60 149, 150 47 383, 384 53 151,152 47 385, 386 53 152.1, 152.2 47 387, 388 60 152.3, 152.4 47 389, 390 60 152.5, 152.6 60 391, 392 60 152.7, 152.8 60 392.1, 392.2 60 153 60 392.3, 392.4 60 155, 156 46 392.5 60 157, 158 52 393, 394 56 159, 160 60 395, 396 56 160.1, 160.2 60 397, 398 56 161, 162 46 398.1 56 162.1, 162.2 46 398.15, 398.16 40 163, 164 52 399,400 53 164.1, 164.2 52 401 53 164.3 52 453 OC 165, 166 48 455,456 22 167, 168 48 507 57 169, 170 48 509, 510 57 211 OC 511,512 57 213,214 19 559 36 263 59 561, 562 52 265,266 59 563 40 266.1 59 615 36 267,268 52 617,618 36 269 52 671 2 319 29 673 24 321, 322 46 695 13 323, 324 52 697 52 325, 326 55 723 52 326.1 46 725, 726 52 327, 328 27 727 52 329, 330 58 777 OC [2] Supp. No. 60 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 779, 780 OC 1227, 1228 37 781, 782 OC 1228.1 37 783, 784 OC 1229, 1230 55 785, 786 OC 1231, 1232 55 787, 788 OC 1233 55 789 OC 1237, 1238 52 839 OC 1239, 1240 52 889 39 1241, 1242 52 891,892 60 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 60 949,950 41 1346.1 60 951 41 1347,1348 45 997 OC 1349, 1350 45 999, 1000 22 1350.1, 1350.2 45 1051 54 1351,1352 33 1053, 1054 31 1353, 1354 33 1054.1, 1054.2 31 1355, 1356 33 1054.3, 1054.4 31 1356.1 33 1055, 1056 36 1357, 1358 OC 1057, 1058 33 1359, 1360 33 1059, 1060 33 1361, 1362 33 1060.1, 1060.2 43 1363, 1364 52 1060.3, 1060.4 43 1364.1 52 1060.5 43 1365, 1366 33 1061, 1062 8 1366.1, 1366.2 52 1063, 1064 54 1366.3, 1366.4 33 1065,1066 54 1367 5 1067 54 1411 OC 1121 OC 1463 OC 1171 OC 1465, 1466 52 1173, 1174 52 1517 OC 1175, 1176 36 1519, 1520 OC 1177 36 1521,1522 47 1225 31 1523 47 [3] Supp. No. 60 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1573 24 2368.1 37 1575, 1576 29 2369, 2370 OC 1627 9 2371, 2372 OC 1629, 1630 27 2373, 2374 33 1631 27 2375, 2376 33 1681 OC 2377, 2378 33 1683, 1684 33 2379 33 1684.1, 1684.2 24 2479, 2480 60 1685, 1686 OC 2480.1, 2480.2 50 1687, 1688 17 2481, 2482 53 1689, 1690 17 2483, 2484 53 1739 14 2485 53 1741, 1742 21 2486.1, 2486.2 41 1781 21 2486.3, 2486.4 41 1783, 1784 21 2486.5, 2486.6 41 1785, 1786 33 2487, 2488 59 1787, 1788 33 2489, 2490 59 1788.1 33 2491, 2492 59 1789, 1790 21 2493, 2494 59 1791, 1792 21 2495, 2496 59 1793, 1794 21 2497, 2498 59 1795, 1796 21 2499, 2500 59 2043 OC 2501, 2502 59 2045, 2046 33 2503, 2504 59 2046.1 25 2504.1, 2504.2 59 2047, 2048 OC 2504.3, 2504.4 59 2049, 2050 OC 2504.5, 2504.6 59 2051, 2052 OC 2504.7, 2504.8 59 2053 OC 2505, 2506 10 2353 OC 2507, 2508 13 2355, 2356 OC 2509, 2510 60 2357, 2358 33 2510.1, 2510.2 60 2359, 2360 33 2510.2.1 60 2361, 2362 33 2510.3, 2510.4 54 2363, 2364 33 2510.5, 2510.6 54 2364.1 33 2510.7, 2510.8 54 2365, 2366 OC 2510.9, 2510.10 54 2367, 2368 37 2510.11, 2510.12 54 [4] Supp. No. 60 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 2510.12.1, 2510.12.2 54 2819, 2820 60 2510.12.3 54 2869, 2870 OC 2510.13, 2510.14 25, Add. 2871 OC 2510.15, 2510.16 25, Add. 2873 OC 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 60 2510.37, 2510.38 25, Add. 2895 60 2510.39, 2510.40 25, Add. 2933, 2934 25 2510.41, 2510.42 25, Add. 2935, 2936 59 2510.43, 2510.44 25, Add. 2937, 2938 60 2510.45, 2510.46 25, Add. 2938.1 60 2510.47, 2510.48 25, Add. 2939, 2940 58 2510.49, 2510.50 25, Add. 2941, 2942 58 2510.51, 2510.52 25, Add. 2942.1 58 2510.53, 2510.54 25, Add. 2943, 2944 55 2510.55, 2510.56 25, Add. 2945, 2946 55 2511, 2512 57 2947, 2948 57 2512.1, 2512.2 57 2949, 2950 55 2512.2.1, 2512.2.2 57 2951, 2952 55 2512.3, 2512.4 49 2953, 2954 55 2512.5, 2512.6 50 2955, 2956 55 2512.7, 2512.8 51 2957, 2958 36 2512.9, 2512.10 57 2959, 2960 53 2512.11, 2512.12 51 2512.13 51 2513, 2514 OC 2515, 2516 60 2516.1 60 2517, 2518 22 2619 48 [5] Supp. No. 60 SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code Book and are considered "Included." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omitted." In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. Ord. No. Date Adopted Included/ Omitted Supp. No. 2010 -18 10 -28 -10 Included 49 2010 -21 11 -18 -10 Included 49 2011 -01 1 -27 -11 Included 50 2011 -02 2 -10 -11 Included 50 2011 -03 2 -10 -11 Included 50 2011 -04 2 -10 -11 Included 50 2011 -05 4 -14 -11 Included 51 2011 -06 4 -14 -11 Included 51 2011 -07 4 -14 -11 Omitted 51 2011 -08 5 -12 -11 Omitted 51 2011 -09 5 -26 -11 Included 51 2011 -10 5 -26 -11 Included 51 2011 -11 6 -23 -11 Included 51 2011 -12 6 -23 -11 Omitted 51 2011 -13 7 -14 -11 Omitted 51 2011 -14 7 -14 -11 Included 51 2011 -15 5 -25 -11 Omitted 52 2011 -16 9 -22 -11 Omitted 52 2011 -17 9 -22 -11 Omitted 52 2011 -18 9 -22 -11 Included 52 2011 -19 10 -13 -11 Included 52 2011 -21 11 -10 -11 Included 52 2011 -22 12- 5 -11 Included 52 2010 -05 3 -11 -10 Included 53 2012 -01 1 -12 -12 Omitted 53 2012 -02 3- 5 -12 Included 53 2012 -03 3 -22 -12 Included 53 2012 -04 5 -10 -12 Included 54 2012 -05 6 -28 -12 Omitted 54 2012 -06 7 -26 -12 Included 54 2012 -07 7 -26 -12 Included 54 Supp. No. 60 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- 5 -12 Omitted 55 2013 -01 1 -10 -13 Omitted 55 2013 -02 2 -14 -13 Included 55 2013 -03 3 -14 -13 Omitted 55 2013 -04 4 -25 -13 Included 55 2013 -05 3 -28 -13 Omitted 55 2013 -06 3 -28 -13 Omitted 55 2013 -07 4 -11 -13 Included 55 2013 -08 5- 9 -13 Omitted 56 2013 -09 5 -23 -13 Included 56 2013 -10 7 -11 -13 Omitted 57 2013 -11 5 -22 -13 Omitted 57 2013 -12 9 -26 -13 Omitted 57 2013 -13 9 -26 -13 Omitted 57 2013 -14 9 -26 -13 Included 57 2014 -01 1 -23 -14 Included 57 2014 -02 3 -27 -14 Included 58 2014 -03 4 -10 -14 Included 58 2014 -04 4 -10 -14 Omitted 58 2014 -05 6 -26 -14 Included 59 2014 -06 7 -24 -14 Included 59 2014 -07 5 -14 -14 Included 59 2014 -08 9 -25 -14 Omitted 60 2014 -09 9 -25 -14 Included 60 2014 -10 9 -25 -14 Omitted 60 2014 -11 9 -25 -14 Included 60 2014 -12 10 -23 -14 Omitted 60 2014 -13 12 -11 -14 Included 60 2014 -14 12 -11 -14 Included 60 2015 -01 1- 5 -15 Omitted 60 Supp. No. 60 SH.2 ADMINISTRATION § 2 -4 member or declare the member's office village, and to set forth an estimate of all income vacant and promptly fill such vacancy for from all sources whatsoever which shall be re- the unexpired term of office. ceived by the village. (n) Resignation of members. Members of boards or committees may resign at any time, by submit- ting a written letter of resignation to the village clerk. (o) Clerical /technical support. The village man- ager may furnish the board or committee neces- sary clerical services and technical assistance. (p) Dissolution of boards. Unless otherwise provided by law or ordinance, the village council may dissolve a board or committee if the village council determines that the board is no longer needed to meet the purposes for which it was established. (Code 1970, § 2 -18; Ord. No. 18 -2001, § 1, 6- 28 -01; Ord. No. 06 -2002, § 1, 2- 28 -02; Ord. No. 2007 -13, §§ 1, 2, 7- 12 -07) Sec. 2 -2. Budget procedures. (a) The village manager shall prepare and submit to the members of the council, at least forty -five (45) days prior to the first regular meet- ing of the council in September of each year, a balanced budget for the operation of the village government during the next fiscal year, including an estimate of the revenues and expenditures in such forms as to afford the council a comprehen- sive understanding of the needs and require- ments of the various divisions of the village gov- ernment for the ensuing year. Sufficient copies of this budget shall be prepared so that there shall be at least three (3) copies on file in the office of the village clerk. (b) The council is hereby authorized and em- powered to prepare and adopt a budget for each fiscal year by ordinance to be introduced at the first regular meeting of the council in September of each year, which ordinance shall fix and deter- mine the amount of money to be raised by taxa- tion in the village for the following fiscal year and shall also make separate and several appropria- tions for the payment of all necessary operating expenses of the village and for the payment of interest and principal of any indebtedness of the Supp. No. 60 135 (c) Before final passage of the budget ordi- nance, the village clerk shall cause the same as introduced to be posted at the village hall and in at least one (1) other conspicuous place in the village. At those places the village clerk shall post a notice stating the time and place the budget will be acted on finally and shall also state in such notice that the estimate of the village manager upon which the budget is based is on file for inspection of the public at the office of the village clerk. The budget ordinance shall not be passed by the council until twelve (12) days after such posting, but not later than September 30. (Ch. 31481 (1956), Laws of Fla., Art. V11, § 3; Ch. 65 -1969, Laws of Fla., § 5; Ord. No. 21 -76, § 1, 10- 14 -76; Ord. No. 15 -77, §§ 1, 2, 8- 25 -77; Ord. No. 23 -2001, § 1, 8 -9 -01) Charter reference — Provisions of former charter not embraced in or inconsistent with 1976 revision continued in effect as ordinances, Art. VI, § 1. Sec. 2 -3. Adjournment of meetings of boards and commissions. All regular meetings, special meetings and workshop meetings for village boards and com- missions shall be adjourned on or before 11:00 p.m. on the date when the meeting convened. (Ord. No. 21 -95, § 1, 7- 27 -95) Sec. 2 -4. Investment policy of the village. (a) Purpose. The purpose of this statement is to set forth the policy and objectives governing the investment management of public funds of the village that are in excess of the amounts needed to meet current expenses. This investment policy places the highest priority on the safety and liquidity of funds. (b) Scope. This investment policy applies to all the investment activity of the village, except for its employees' pension funds, which are organized and administered separately, or for funds related to the issuance of debt where there are other existing policies or indentures in effect for such funds. Funds included: (1) General fund. § 2 -4 NORTH PALM BEACH CODE (2) Special revenue funds. (3) Enterprise funds. (4) Capital projects funds. (5) Any new funds created by the gov- erning body unless specifically ex- empt. (c) Investment Objectives. The primary objec- tives, in priority of order of investment activities, shall be safety of principal, liquidity of funds, and maximizing investment income. (1) Safety. Safety of principal is the foremost objective of investment activities. Invest- ments shall be undertaken in a manner that seeks to insure preservation of capi- tal in the overall portfolio. All other in- vestment objectives are secondary to the safety of principal. The objective will be to mitigate credit risk and interest rate risk. a. Credit risk. Credit risk, the risk of loss due to the failure of the security issuer or backer, will be minimized by: 1. Limiting investments to safe types of securities. 2. Pre - qualifying the financial in- stitutions, broker dealers, inter- mediaries, and advisers with which the village will do busi- ness. 3. Diversifying the investment portfolio so that potential losses on individual securities will not place an undue financial bur- den on the village, and 4. Monitoring all of the village's investments to anticipate and respond appropriately to chang- ing market conditions. 5. Quarterly reporting, in compar- ative format, of all market val- ues of invested funds and in- struments. b. Interest rate risk. The village will minimize the risk that the market Supp. No. 60 136 value of securities in the portfolio will fall due to changes in general interest rates, by: Structuring the investment port- folio so that the securities ma- ture to meet cash requirements for ongoing operations, thereby avoiding the need to sell secu- rities on the open market prior to maturity; and Investing operating funds pri- marily in short -term securities, money market mutual funds, or similar investment pools un- less it is anticipated that long- term securities can be held to maturity without jeopardizing the liquidity requirements. (2) Liquidity. a. General liquidity. The investment portfolio shall remain sufficiently liq- uid to meet all operating require- ments that may be reasonably antic- ipated. This is accomplished by structuring the portfolio so that the securities mature concurrent with cash needs to meet anticipated de- mands. Furthermore, since all possi- ble cash demands cannot be antici- pated, the portfolio should consist largely of securities with active sec- ondary or resale markets. Portions of the portfolio may be placed in interest - bearing checking /savings ac- counts with qualified public deposi- tories, Securities and Exchange Com- mission registered money market funds with the highest credit quality rating from a Nationally Recognized Statistical Rating Organization (NRSRO), or local government invest- ment pools which offer same -day li- quidity for short -term funds. b. Local liquidity. The chief financial officer of the village shall establish and maintain a local, liquid fund in an amount equal to, as a minimum, ADMINISTRATION one - twelfth (1 /12) of the designated operating funds in the annual vil- lage budget. (3) Investment income. Without compromis- ing safety and liquidity, the highest pos- sible total return should be obtained on the village's funds. Income will include interest /dividends received as well as any realized or unrealized gains and losses of principal of the underlying security. Re- turn on investment is of least importance compared to the safety and liquidity ob- jectives described above. However, return is attempted through active management where the investment advisor utilizes a total return strategy (which includes both realized and unrealized gains and losses in the portfolio). This total return strat- egy seeks to increase the value of the portfolio through reinvestment of income and capital gains. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. De- spite this, an investment advisor may trade to recognize a loss from time to time to achieve a perceived relative value based on its potential to enhance the total re- turn of the portfolio. (d) Performance measurements. In order to as- sist in the evaluation of the portfolio's perfor- mance, the village shall use nationally recognized benchmarks for the short term and long term portfolios. Performance calculations will not in- clude any balances invested in overnight sweep accounts. (1) Operating Funds or Short term portfolio. Investment performance of funds desig- nated as short -term funds and other funds that must maintain a high degree of li- quidity will be compared to the return of the S &P Rated GIP Index Government 30 -Day Gross of Fees Yield. Investments of current operating funds shall have ma- turities of no longer than twelve (12) months. (2) Core Funds or Longterm portfolio. Invest- ment performance of the village portfolio Supp. No. 60 137 § 2 -4 will be compared to the Bank of America Merrill Lynch 1 -3 year United States Treasury Note Index or the equivalent composed of U.S. Treasury or government securities, with duration and asset mix that approximates the village portfolio. The benchmark's performance will be com- pared to the portfolio's total rate of re- turn. Investments of long -term funds shall have a term appropriate to the need for funds, but in no event shall exceed five and one -half (5.50) years. (e) Prudence and ethical standards. (1) Prudence. The standard of prudence to be used shall be the "prudent person rule," which states that: Investments should be made with judg- ment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for the investment, con- sidering the probable safety of their capi- tal as well as the probable income to be derived from the investment. The chief financial officer, or other per- sons performing the investment func- tions, acting in accordance with written policies and procedures, and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, pro- vided deviations from expectations are reported immediately and that appropri- ate action is taken to control adverse developments. While the standard of prudence to be used by authorized staff' who are officers or employees is the "prudent person" stan- dard, any person or firm hired or retained to invest, monitor, or advise concerning these assets shall be held to the higher standard of "prudent expert ". The stan- dard shall be that in investing and rein- vesting moneys and in acquiring, retain- ing, managing, and disposing of investments of these funds, the invest- ment advisor shall exercise: the judg- § 2 -4 NORTH PALM BEACH CODE ment, care, skill, prudence, and diligence under the circumstances then prevailing, which persons of prudence, discretion, and intelligence, acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like char- acter and with like aims by diversifying the investments of the funds, so as to minimize the risk, considering the proba- ble income as well as the probable safety of their capital. (2) Ethical standards. Officers and employ- ees involved in the investment process shall refrain from personal business activ- ity that could conflict with the proper execution and management of the invest- ment program, or that could impair their ability to make impartial decisions. Em- ployees and investment officials shall dis- close any material interest in financial institutions with which they conduct busi- ness. They shall further disclose any per- sonal financial/investment positions that could be related to the performance of the investment portfolio. Employees and offi- cers shall refrain from undertaking per- sonal investment transactions with the same individual with whom business is conducted on behalf of the village. (f) Authorized investments and pre- qualifica- tion. The village may invest and reinvest, in accordance with the objectives stated in subsec- tion (c), in the financial instruments noted in the table insets below. The following are the guide- lines for investments and limits on security types, issuers, and maturities as established by the village. The chief financial officer, or other per- sons performing the investment functions shall have the option to further restrict investment percentages from time to time based on market conditions. The percentage allocations require- ments for investment types and issuers are cal- culated based on the original cost of each invest- ment, at the time of purchase. Investments not listed in this policy are prohibited. (1) Banks. The Village shall only select a QPD (Qualified Public Depository) with a collateral pledge level of twenty -five (25) percent or fifty (50) percent as established Supp. No. 60 138 by the State Chief Financial Officer pur- suant to Section 280.04, Florida Statutes. (2) U.S. Treasury & Government Guaranteed. U.S. Treasury obligations, and obligations the principal and interest of which are backed or guaranteed by the full faith and credit of the U.S. Government. (3) Federal Agencyl GSE. Debt obligations, participations or other instruments is- sued or fully guaranteed by any U.S. Federal agency, instrumentality or gov- ernment- sponsored enterprise (GSE). (4) Supranationals. U.S. dollar denominated debt obligations of a multilateral organi- zation of governments where U.S. is a shareholder and voting member. (5) Corporates. U.S. dollar denominated cor- porate notes, bonds or other debt obliga- tions issued or guaranteed by a domestic or foreign corporation, financial institu- tion, non - profit, or other entity. (6) Municipals. Obligations, including both taxable and tax - exempt, issued or guar- anteed by any State, territory or posses- sion of the United States, political subdi- vision, public corporation, authority, agency board, instrumentality or other unit of local government of any State or territory. (7) Agency Mortgage Backed Securities. Mort- gage- backed securities (MBS), backed by residential, multi - family or commercial mortgages, that are issued or fully guar- anteed as to principal and interest by a U.S. Federal agency or government spon- sored enterprise, including but not lim- ited to pass- throughs, collateralized mort- gage obligations (CMOs) and REMICs. (8) Asset - Backed Securities. Asset - backed se- curities (ABS) whose underlying collat- eral consists of loans, leases or receiv- ables, including but not limited to auto loans/leases, credit card receivables, stu- dent loans, equipment loans/leases, or home - equity loans. (9) Non - Negotiable Certificate of Deposit and Savings Accounts. Non - negotiable inter- est bearing time certificates of deposit, or ADMINISTRATION savings accounts in banks organized un- der the laws of this state or in national banks organized under the laws of the United States and doing business in this state, provided that any such deposits are secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Stat- utes. (10) Commercial Paper. U.S. dollar denomi- nated commercial paper issued or guaran- teed by a domestic or foreign corporation, company, financial institution, trust or other entity, including both unsecured debt and asset - backed programs. (11) Money Market Funds. Shares in open -end and no -load money market mutual funds, provided such funds are registered under the Investment Company Act of 1940 and operate in accordance with Rule 2a -7. A thorough investigation of any money market fund is required prior to invest- ing, and on an annual basis thereafter. The list of questions that cover the major aspects of any investment pool/fund set forth in the adopted Investment Pool/ Fund Questionnaire must be asked prior to investing. Additionally, a current pro- spectus must be obtained. (12) Local Government Investment Pools. State, local government or privately- sponsored investment pools that are authorized pur- suant to state law. A thorough investiga- tion of any intergovernmental investment pool is required prior to investing, and on an annual basis. The list of questions that cover the major aspects of any investment pool /fund set forth in the adopted Invest- ment Pool/Fund Questionnaire must be asked prior to investing. Additionally, a current prospectus must be obtained. (13) The Florida Local Government Surplus Funds Trust Funds ( "Florida Prime "). A thorough investigation of the Florida Prime is required prior to investing, and on an annual basis. The list of questions that cover the major aspects of any investment pool /fund set forth in the adopted Invest- Supp. No. 60 138.1 § 2 -4 ment Pool/Fund Questionnaire must be asked prior to investing. Additionally, a current prospectus must be obtained. (g) General investment and portfolio limits: (1) General investment limitations: a. Investments must be denominated in U.S. dollars and issued for legal sale in U.S. markets. b. Minimum ratings are based on the highest rating by any one (1) Nation- ally Recognized Statistical Ratings Organization ( "NRSRO "), unless oth- erwise specified. C. All limits and rating requirements apply at time of purchase. d. Should a security fall below the min- imum credit rating requirement for purchase, the investment advisor will notify the chief financial officer. e. The maximum maturity (or average life for MBS /ABS) of any investment is five and one -half (5.50) years. Ma- turity and average life are measured from settlement date. The final ma- turity date can be based on any mandatory call, put, pre- refunding date, or other mandatory redemp- tion date. (2) General portfolio limitations: a. The maximum effective duration of the aggregate portfolio is three (3) years. b. Maximum exposure to issuers in any non -U.S. country cannot exceed ten (10) percent per country. (3) Investment in the following are permit- ted, provided they meet all other policy requirements: a. Callable, step -up callable, called, pre - refunded, putable and extendable se- curities, as long as the effective final maturity meets the maturity limits for the sector. b. Variable -rate and floating -rate secu- rities. § 2 -4 NORTH PALM BEACH CODE C. Subordinated, secured and covered debt, if it meets the ratings require- ments for the sector. d. Zero coupon issues and strips, exclud- ing agency mortgage- backed Interest - only structures (I /Os). e. Treasury TIPS. (4) The following are not permitted invest- ments, unless specifically authorized by statute and with prior approval of the village council: a. Trading for speculation. b. Derivatives (other than callables and traditional floating or variable -rate instruments). C. Mortgage- backed interest -only struc- tures (I /Os). d. Inverse or leveraged floating -rate and variable -rate instruments. e. Currency, equity, index and event - linked notes (e.g. range notes), or other structures that could return less than par at maturity. f. Private placements and direct loans, except as may be legally permitted by Rule 144A or commercial paper issued under a 4(2) exemption from registration. g. Convertible, high yield, and non - U.S. dollar denominated debt. h. Short sales. i. Use of leverage. j. Futures and options. k. Mutual funds, other than fixed -in- come mutual funds and ETFs, and money market funds. 1. Equities, commodities, currencies and hard assets. (h) Maturity and liquidity requirements. The village's investment portfolio shall be structured to provide sufficient liquidity to pay obligations as they come due. Furthermore, to the extent possi- ble, an attempt will be made to match investment maturities with known cash needs and antici- pated cash flow requirements. Unless matched to a specific cash flow, the village will not directly invest in securities maturing more than five and one -half (5.50) years from the date of purchase. (i) Portfolio composition. The following are the limits for investments and limits on security issues, and maturities in the portfolio. The chief financial officer has the option to further restrict investment in selected instruments, to conform to the present market conditions. Note: The table below defines two (2) types of village investments, "operating" and "core ": Operating: Those liquid funds necessary to conduct routine village activity, in addition to an amount determined by the village council and administration sufficient to cover emer- gency situations and unforeseen capital expen- ditures. Core: All funds not included in operating funds. In general, these funds can be invested in issues with longer -term maturities. These terms shall be defined and the amounts will be designated at least once a year during the village budget discussions. Changes during a year shall only be made by resolution of the village council. These changes will apply to the end of the current fiscal year and must be reconfirmed or changed as needed during the next annual budget process. Supp. No. 60 138.2 ADMINISTRATION Table insets: Operating Funds (Short -Term Portfolio Permitted Investments: § 2 -4 Authorized Sector Sector Per Issuer Minimum Maturity Investments Maximum ((10 Minimum ((10 Maximum ((10 Ratings Range 100% N/A 5.50 Years (5.50 Years avg. life for GNMA Requirement Other U.S. Govern- Banks - Inter- ment Guaranteed 8.33% (1/12 of 10% GNMA) est- bearing annual Village checking or 100% operating bud - 50% N/A N/A savings ac- get) counts 91.67% (11 /12t' Non - Negotiable of annual Vil- Certificate of lage operating 0% 33.33% N/A 30 days Deposits budget) Florida Local Highest Fund Government Rating by all Surplus Fund 25% 0% N/A NRSROs who N/A Trust Funds rate the fund ( "Florida (AAAm /Aaa -mf, Prime ") or equivalent) Highest Fund Quality and Volatility Rat - Intergovern- ing Categories mental Pools 25% 0% N/A by all NRSROs N/A (LGIPs) who rate the LGIP, (AAAm/ AAAf, Sl, or equivalent Highest Fund Rating by all Money Market 50% 0% 33.33% NRSROs who N/A Funds (MMFs) rate the fund (AAAm /Aaa -mf, or equivalent) U.S. Treasury 50% 0% N/A N/A 30 days Highest ST Commercial 5% 0% N/A Rating Cate- 30 Days Paper gory (A- 1/P -1, or equivalent) Core Funds (Lone -Term Portfolio) Permitted Investments: Sector Sector Maximum Per Issuer Minimum Ratings Maximum (� /o) Maximum ((10 Requirement Maturity U.S. Treasury 100% 100% N/A 5.50 Years (5.50 Years avg. life for GNMA 40% Other U.S. Govern- ment Guaranteed 10% GNMA) (e.g. AID, GTC) Supp. No. 60 138.3 § 2 -4 NORTH PALM BEACH CODE Sector Sector Maximum Per Issuer Minimum Ratings Maximum (� /o) Maximum ((10 Requirement Maturity Federal Agency/ GSE: FNMA, 40 %3 FHLMC, FHLB, FFCB* 75% N/A 5.50 Years Federal Agency/ GSE other than 10% those above Supranationals Highest ST or Two where U.S. is a Highest LT Rating shareholder and 25% 10% Categories (A -1/ 5.50 Years voting member P -1, AA - /Aa3, or equivalent) Highest ST or Three Highest LT Corporates 50 %2 5% Rating Categories 5.50 Years (A- 1/P -1, A - /A3 or equivalent) Highest ST or Three Highest LT Municipals 25% 5% Rating Categories 5.50 Years (SP -1/MIG 1, A -/ A3, or equivalent) Agency Mortgage - 5.50 Years Avg. Backed Securities 25% 4 0%3 N/A Life4 ( MBS) Highest ST or LT Asset - Backed Secu- 25% 5% Rating (A- 1+/P -1, 5.50 Years Avg. rities (ABS) AAA/Aaa, or equiv- Life4 alent) Non - Negotiable Certificate of De- % 50 /° None, if fully col- None, if fully col - 2 Years posit or Savings lateralized lateralized. Accounts Commercial Paper Highest ST Rating (CP) % 2 5 0% 5% Category (A- 1/P -1, 270 Days or equivalent) Highest Fund Rat- Money Market ing by all NRSROs Funds (MMFs) 50% 25% who rate the fund N/A (AAAm /Aaa -mf, or equivalent) Supp. No. 60 138.4 ADMINISTRATION § 2 -4 Sector Sector Maximum (� /o) Per Issuer Maximum ((10 Minimum Ratings Requirement Maximum Maturity Highest Fund Quality and Vola- tility Rating Cate - Intergovernmental 50% 25% gories by all N/A Pools (LGIPs) NRSROs who rate the LGIP, (AAAm/ AAAf, S1, or equiv- alent) Florida Local Gov- Highest Fund Rat - ernment Surplus ing by all NRSROs Funds Trust Funds 25% N/A who rate the fund N/A ( "Florida Prime ") (AAAm /Aaa -mf, or equivalent) Notes: 1 Rating by at least one (1) SEC - registered Nationally Recognized Statistical Rating Organization ( "NRSRO "), unless otherwise noted. ST= Short -term; LT= Long -term. 2 Maximum allocation to all corporate and bank credit instruments is fifty (50) percent combined. 3 Maximum exposure to any one (1) Federal agency, including the combined holdings of Agency debt and Agency MBS, is forty (40) percent. 4 The maturity limit for MBS and ABS is based on the expected average life at time of settlement, measured using Bloomberg or other industry standard methods. * Federal National Mortgage Association (FNMA); Federal Home Loan Mortgage Corporation (FHLMC); Federal Home Loan Bank or its District banks (FHLB); Federal Farm Credit Bank (FFCB). 0) Risk and diversification. Assets held shall be diversified to control the risk of loss resulting from the over - concentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which these instruments are bought and sold. Diversification strategies shall be reviewed and revised periodically as deemed necessary by the chief financial officer. (k) Authorized investment institutions and deal- ers. A list will be maintained of financial institu- tions authorized to provide investment services. In addition, a list also will be maintained of approved security brokers /dealers selected by cred- itworthiness. Authorized staff shall only purchase securities from financial institutions, which are qualified as public depositories by the Treasurer, or Chief Financial Officer of the State of Florida, "Primary Dealers" as designated by the Federal Reserve Bank of New York, or from direct issuers of commercial paper. Supp. No. 60 138.5 The village's investment advisor shall utilize and maintain its own list of approved primary and non - primary dealers. (1) Third -party custodial agreements. All secu- rities purchased by the village shall be properly designated as an asset of the village and shall be held in an account separate and apart from the assets of the financial institution. A third party custodian is defined as any bank depository char- tered by the Federal Government, the State of Florida, or any other state or territory of the United States which has a branch or principal place of business in the State of Florida as defined in Section 658.12, Florida Statutes, or by a na- tional association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in the State of Florida. Certificates of deposits will be placed in the provider's safekeep- ing department for the term of the deposit. The third -party custodian will be required to desig- § 2 -4 NORTH PALM BEACH CODE nate all securities held as assets of the village. No withdrawal of securities, in whole or in part, shall be made from safekeeping, except by the chief financial officer, or his/her respective designees. Securities transactions between a broker - dealer and the custodian involving purchase or sale of securities by transfer of money or securities must be made on a "delivery vs. payment" basis, if applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. Securities held as collateral shall be held free and clear of any liens. (m) Master repurchase agreement. All ap- proved institutions and dealers transacting repur- chase agreements shall execute and perform as stated in the Securities Industry and Financial Markets Association (SIFMA) master repurchase agreement. All repurchase agreement transac- tions shall adhere to the requirements of the SIFMA master repurchase agreement. (n) Bid requirement. An appropriate maturity date will be determined for each investment based on cash -flow needs and market conditions. Based on these considerations, the chief financial officer will analyze and select one (1) or more optimal types of investments, and a minimum of three (3) reputable, qualified and financially sound banks and/or dealers must be contacted and asked to provide bids on the securities in question when feasible and appropriate. Except as otherwise required by law, the bid deemed to best meet the investment objectives specified in subsection (c) must be selected. (o) Internal controls. (1) The chief financial officer shall establish and maintain a written system of internal controls made a part of the village's oper- ational procedures. The internal controls shall be designed to prevent losses of funds, which might arise from fraud, em- ployee error, misrepresentation by third parties, or imprudent actions by employ- ees of the village. No person shall engage in an investment transaction except as authorized in this policy. (2) Independent auditors, as a normal part of the annual financial audit to the village, shall conduct a review of the system of internal controls to ensure compliance with policies and procedures as may be required by the village. (p) Continuing education. The chief financial officer shall complete eight (8) hours of continuing education annually in subjects or courses related to investment practices and products. (q) Reporting. The chief financial officer or his or her respective designee shall prepare a quar- terly investment report, which shall include secu- rities in the portfolio by class and type, acquisi- tion cost, income earned, yield, maturity date and market value as of the report date. The report will be provided to the legislative and governing body of the village and shall be available to the public. (r) Securities; disposition. Every security pur- chased on behalf of the Village must be properly earmarked and: (1) If registered with the issuer or agents, must be immediately placed for safekeep- ing in a location that protects the village's interest in the security; (2) If in book entry form, must be held for the credit of the governing body by a deposi- tory chartered by the federal government, the state, or any other state or territory of the United States which has a branch or principal place of business in the state as defined in Florida Statutes section 658.12, or by national association organized and existing under the laws of the United States which is authorized to accept and exercise trusts and which is doing busi- ness in the state, and must be kept in the depository in an account separate and apart from the assets of the financial institution, or (3) If physically issued to the holder but not registered with the issuer or its agents, must be immediately placed for safekeep- ing in a secured vault. (s) Sale of securities. When invested funds are needed in whole or in part for the purposes originally intended or for more optimal invest- ments, the chief financial officer may sell such Supp. No. 60 138.6 ADMINISTRATION investments at the then - prevailing market price and place the proceeds into the proper account or fund. (t) Policy considerations. (1) Exemptions. Any investment held prior to the adoption of this policy that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, such monies shall be reinvested only as pro- vided by this policy. (2) Amendments. This policy shall be re- viewed on an annual basis by the village council at the "setting of council goals and objectives" session of the annual budget. The village council must approve any changes. (u) Delegation of authority. The finance direc- tor is the chief financial officer of the village and is responsible for investment decisions and activi- ties. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established here- under. Nothing set forth herein shall preclude the village from utilizing an investment advisor to assist in managing the village's portfolio. Such investment advisor must be registered under the Investment Advisor's Act of 1940. The investment advisor may invest funds on behalf of the village in accordance with the mandates of this investment policy. Authorized signatories are the chief financial of- ficer, the village manager and the village mayor. These individuals are also authorized to initiate wire transfers for the village. All investment transactions require approval by two (2) of the depository signatories. (v) The chief financial officer shall review the investment policy annually and, if necessary, pres- ent modifications to the village council for ap- proval. (Ord. No. 31 -95, § 1, 10- 26 -96; Ord. No. 15 -2001, §§ 1, 2, 6- 28 -01; Ord. No. 2008 -17, § 2, 11- 13 -08; Ord. No. 2012 -04, § 2, 5 -10 -2012; Ord. No. 2013- 07, § 2, 4- 11 -13; Ord. No. 2014 -14, § 2, 12- 11 -14) Editor's note -Ord. No. 31 -95, adopted Oct. 26, 1996, has been codified herein at the discretion of the editor as § 2 -4. Secs. 2- 5 -2 -15. Reserved. ARTICLE II. COUNCIL* DIVISION 1. GENERALLY Sec. 2 -16. Compensation. § 2 -18 The compensation of all members elected to the village council other than the mayor is hereby fixed at the sum of seven hundred fifty dollars ($750.00) per month. The compensation of the mayor is hereby fixed at the sum of nine hundred dollars ($900.00) per month. (Code 1970, § 2 -7; Ord. No. 20 -78, § 3, 8- 10 -78; Ord. No. 2 -88, § 1, 1- 14 -88; Ord. No. 16 -97, § 1, 3- 13 -97; Ord. No. 29 -99, § 1, 8- 26 -99; Ord. No. 2006 -17, § 1, 9- 14 -06) Charter reference - Compensation, Art. III, § 4. Supp. No. 60 138.7 Sec. 2 -17. Regular meetings -When held. The regular meetings of the village council shall be held on the second and fourth Thursdays of each month. (Code 1970, § 2 -8) Charter reference - Meetings procedure, Art. III, § 9(a). Sec. 2 -18. Same - Presiding officer. (a) The mayor shall preside at all meetings, if present, and in his absence, the vice - mayor. In the absence of both the mayor and vice - mayor, the president pro tem shall preside. (b) The presiding officer shall preserve order and decorum. He shall appoint all committees unless the council shall otherwise direct. (c) Terms of mayor. No person may serve more than one -year term as mayor of the village. A person who served as mayor of the village for one (1) term shall not serve as mayor during the following council year, but beginning one (1) year after termination of his one -year term as mayor of the village, he may again serve as mayor for a period not to exceed one (1) year. (Code 1970, § 2 -9; Ord. No. 218 -70, § l; Ord. No. 8 -82, § 1, 4- 22 -82) *Charter reference - Legislative provisions generally, Art. III. § 2 -19 NORTH PALM BEACH CODE Sec. 2 -19. Adjournment of all meetings. All regular meetings, special meetings and workshop meetings for the village council shall be adjourned on or before 11:00 p.m. on the date when the meeting convened. In the event there is pending business on the floor at 11:00 p.m. during one (1) of the meetings, the chair shall at that time entertain a motion that the meeting be reconvened at a time and date certain, but upon failure of the council to agree upon such motion, the meeting shall be adjourned and the business pending at the time of adjournment shall be the first item on the agenda of the next meeting of the village council pertaining thereto. (Ord. No. 24 -79, § 1, 11 -8 -79) Secs. 2- 20 -2 -25. Reserved. DIVISION 2. RULES OF PROCEDURE* Sec. 2 -26. Order of business. The following order shall be observed in the transaction of business, but such order may be varied by unanimous consent of the councilmen present: (1) Roll call; (2) Invocation; (3) Pledge of allegiance; (4) Awards and recognition; (5) Approval of minutes; (6) Council business matters: a. Statements from the public, peti- tions and communications; b. Declaration of ex parte communica- tions; C. Public hearings and quasi - judicial matters; d. Consent agenda; e. Other village business matters; f. Council and administration matters; *Charter reference — Authority to determine rules of procedure, Art. 111, § 9(b). 1. Mayor and council matters/ reports; 2. Village manager matters /re- ports; (7) Reports (special committees and advisory boards); (8) Adjournment. (Code 1970, § 2 -17; Ord. No. 6 -74, § l; Ord. No. 22 -96, § 1, 6- 13 -96; Ord. No. 14 -98, § 1, 6- 25 -98; Ord. No. 03 -2005, § 1, 2- 10 -05) Sec. 2 -27. Parliamentary rules. The presiding officer, when the council is in session, shall enforce parliamentary rules for its government so far as they are applicable to such legislative body. (Code 1970, § 2 -19) Secs. 2- 28 -2 -38. Reserved. ARTICLE III. ADMINISTRATIVE CODE DIVISION 1. GENERALLY Sec. 2 -39. Definition. As used in this article, unless the context otherwise requires: Chief administrator or administrator is the village manager. (Code 1970, § 2 -31) Supp. No. 60 138.8 Sec. 2 -40. Departmental organization. (a) The administrative service of the village shall be divided under the administrator into the following departments and heads thereof: (1) Department of finance, director of fi- nance. (2) Department of law enforcement (police department), chief of police. (3) Department of fire rescue, fire chief. (4) Department of public works, director of public works. (5) Department of community development, director of community development. ADMINISTRATION (6) Department of recreation, director of rec- reation. (7) Department of library, librarian. (b) In addition, there shall be a department of records headed by the village clerk under the village council, which department shall be coordi- nated into the administrative service and cooper- ate with the administrator so as to coordinate the entire administrative service of the village. (Code 1970, § 2 -32; Ord. No. 1 -75, § 4, 4- 10 -75; Ord. No. 44 -97, § 1, 10 -9 -97; Ord. No. 30 -2001, § 2, 10- 11 -01; Ord. No. 2006 -24, § 2.A, 11 -9 -06; Ord. No. 2011 -21, § 3, 11- 10 -11) Cross references — Country club, Ch. 9; Library, Ch. 16; parks, playgrounds and recreation, Ch. 20; police, Ch. 23; streets, sidewalks and public places, Ch. 24. Sec. 2 -41. Oaths of office. (a) Each of the following officers and employ- ees in the administrative service shall be required to take an oath of office before entering upon the discharge of his or her duties, which oath shall be subscribed by the person taking it and shall be filed and preserved in the office of the village clerk: (1) Officers. The village manager and each department head. (2) Law enforcement officers. Every member of the police department (including any private, special, temporary or substitute law enforcement officer which the village might find it necessary to appoint). (b) Form of oath for the chief administrator and officers. The following shall be the form of oath for the chief administrator and officers: State of Florida ) County of Palm Beach ) ss Village of North Palm Beach ) 1, , do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Vil- lage of North Palm Beach; that I will faithfully, honestly and impartially discharge my duties as during my continu- ance therein; that I am not directly or indi- § 2 -42 rectly pecuniarily interested in any public ser- vice corporation engaged in business in the Village of North Palm Beach, or in or with any person or corporation having contracts with said Village, so help me God. Subscribed and sworn to before me this day of , 19 (c) Form of oath for members of police depart- ment. The following shall be the form of oath for the members of the police department: State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) 1, , do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida and the Charter and Code of the Vil- lage of North Palm Beach; and that I will, to the best of my ability, faithfully perform the duties of the officer of Law Enforcement Officer during my continuance therein, so help me God. Subscribed and sworn to before me this day of , 20 Notary Public (Code 1970, § 2 -33; Ord. No. 2011 -21, § 3, 11 -10- 11) Sec. 2 -42. Bonds required of certain offi- cers. The following named village officials shall each, before entering upon the duties of their respective offices, give a good and sufficient surety company bond to the village, duly approved by the village attorney, and conditioned upon the faithful per- formance and discharge of their respective duties, and for the proper application and payment of all money or property coming into their hands by virtue of their offices in the following amounts: (1) Village manager, two hundred thousand dollars ($200,000.00). Supp. No. 60 138.9 § 2 -42 NORTH PALM BEACH CODE (2) Finance director, two hundred thousand dollars ($200,000.00). (3) Village clerk, ten thousand dollars ($10,000.00). (4) Village tax collector, two hundred thou- sand dollars ($200,000.00). (5) Country club manager or country club administrator, two hundred thousand dol- lars ($200,000.00). (Code 1970, § 2 -34; Ord. No. 23 -96, § 1, 6- 13 -96; Ord. No. 30 -2001, § 3, 10- 11 -01) Sec. 2 -43. Policy and procedures. (a) Officers. Each officer shall perform all du- ties required of his office by state law, the charter, the Code of the village, and such other duties not in conflict therewith as may be required by the village manager. (b) Department heads. The heads of depart- ments shall: (1) Responsibility to village manager. The heads of departments, including the coun- try club administrator, shall be immedi- ately responsible to the village manager for the effective administration of their Supp. No. 60 138.10 ADMINISTRATION tion paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive such distribution directly, then the Board will pay the distribution in a direct rollover to an individual retirement plan designated by the Board. This section is effective for mandatory distributions after October 1, 2006. (Ord. No. 13 -95, § 1, 3- 23 -95; Ord. No. 2010 -07, 14, 5- 27 -10) Sec. 2 -158. Cost of living adjustment. The amount of pension benefit will be in- creased in accordance with the changes in the consumer price index for urban wage earners (CPI -W) South, published by the U.S. Bureau of Labor Statistics. Adjustments of pension pay- ments will be made on October 1 of each year reflecting the change in the consumer price index over the twelve -month period ending April 1 of that year. The maximum increase in the mem- ber's pension benefit for any one (1) year is three (3) percent. Such adjustments shall apply to each retirement, survivor or disability benefit in pay status as of each October 1. This provision is mandatory for all employees hired after the May 11, 2000 and such employees shall contribute two (2) percent of their salary for this benefit. The cost of living adjustment and contribution of salary as specified in this section shall be optional with all employees who were hired prior to May 11, 2000. The cost of living adjustment (COLA) set forth herein shall apply to all forms of benefits set forth in sections 2 -148 and 2 -149 of this Code. (Ord. No. 13 -2000, § 1, 5- 11 -00; Ord. No. 25 -2005, 3, 9 -8 -05; Ord. No. 27 -2005, § 3, 9- 29 -05; Ord. No. 2010 -07, § 16, 5- 27 -10) Editor's note -Ord. No. 2010 -07, §§ 15, 16, adopted May 27, 2010, repealed former § 2 -158 in its entirety and renum- bered former § 2 -158.1 as section 2 -158. Repealed former § 2 -158 pertained to optional benefit plan and derived from Ord. No. 12 -96, § 2, adopted March 28, 1996; Ord. No. 28 -96, § 1, adopted July 25, 1996; Ord. No. 35- 2003, §§ 2, 3, adopted Dec. 11, 2003; Ord. No. 16- 2004, § 2, adopted July 22, 2004. § 2 -159 DIVISION 4. PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES* Sec. 2 -159. Creation of trust and definitions. (a) Creation of trust. A pension and retirement system for full -time firefighters and police officers of the village is hereby established to provide retirement, survivor and disability benefits as provided by this division. The system shall be known as the Village of North Palm Beach Fire and Police Retirement Fund and is intended to be a tax qualified plan under Internal Revenue Code Section 401(a) and meet the requirements of a governmental plan as defined in Internal Reve- nue Code Section 414(d). (b) Definitions. As used herein, unless other- wise defined or required by the context, the fol- lowing words and phrases shall have the meaning indicated: Supp. No. 60 152.5 Accrued benefit means the portion of a mem- ber's normal retirement benefit which is consid- ered to have accrued as of any date. A member's accrued benefit as of any date shall be equal to the sum of two and one -half (21/2) percent of his average monthly earnings multiplied by his cred- ited service for the first twenty -four (24) years; zero (0) percent of his average monthly earnings multiplied by the member's credited service for each year after twenty -four (24) years up to thirty (30) years; and two (2) percent of his average monthly earnings multiplied by the member's credited service for each year in excess of thirty (30) years. For purposes of this calculation, aver- age monthly earnings and credited service as of the date of determination shall be used. The accrued benefit is considered to be payable in the plan's normal form commencing on the member's normal retirement date, with such date deter- mined as through the member remains in full - time employment with the employer. *Editor's note - Ordinance No. 9 -82, enacted June 10, 1982, did not expressly amend the Code; hence, codification of §§ 1 -11 as herein set out in §§ 2 -159 -2 -169 was at the discretion of the editor. Cross references -Wire division, § 12 -29 et seq.; police, Ch. 23. § 2 -159 NORTH PALM BEACH CODE Accumulated contributions means a member's own contributions plus interest credited thereto, if any, by the board. Actuarial equivalence or actuarially equivalent means that any benefit payable under the terms of this plan in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establish- ing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using seven (7) percent interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five (5) years in the case of disability retirees. Average monthly earnings means one - sixtieth of earnings of a member during the five (5) years of his employment within the last ten (10) years of employment, which is greater than the total dur- ing any other five (5) years during the ten -year period; provided that if a member shall have been employed for fewer than five (5) years, such average shall be taken over the period of his actual employment. Beneficiary means the person or persons enti- tled to receive benefits hereunder at the death of a member who has or have been designated in writing by the member and filed with the board. If no such designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. Board means the board of trustees which shall administer and manage the plan herein provided and serve as trustee of the fund. Credited service means the total number of years and fractional parts of years of service expressed as years and completed months, during which a person serves as an employee as defined below, omitting intervening years and fractional parts of years, when such person may not be employed by the employer; provided, however, such person may have, without interrupting his other years of credited service, up to one (1) year's leave of absence. Notwithstanding the foregoing, no employee will receive credit for years or fractional parts of years of service for which he has withdrawn his contributions to the pension fund for those years or fractional parts of years of service unless he repays into the pension fund the contributions he has withdrawn, with interest, within ninety (90) days after his reemployment, as provided in sec- tion 2 -160 below. Further, an employee may voluntarily leave his contributions in the pension fund for a period of five (5) years after leaving the employ of the employer, pending the possibility of his being rehired, without losing credit for the time he has participated actively as an employee. Should he not be re- employed within five (5) years, his contributions shall be returned to him without interest. It is provided further that credited service shall include any service, voluntary or involun- tary, in the armed forces of the United States, provided the employee is legally entitled to re- employment under the provisions of the federal USERRA provisions or any similar law; and pro- vided further that the employee shall apply for reemployment within the time and under the conditions prescribed by law. Effective January 1, 2007, members who die or become disabled while serving on active duty military service which intervenes the member's employment shall be entitled to the rights of this section even though such member was not re- employed by the village. Members who die or become disabled while on active duty military service shall be treated as though re- employed the day before the member became disabled or died, was credited with the service they would have been entitled to under this section, and then either died a non -duty death while employed or became disabled from a non -duty disability. Early retirement date means for each member the first day of the month coincident with or next following the date on which he attains his fiftieth (50th) birthday. Earnings means a member's gross salary, in- cluding overtime, public safety pay increment and special pay, but excluding bonuses, such as lon- gevity, safety and attendance awards and any other non - regular payments such as unused sick leave or vacation time pay. Beginning with earn- Supp. No. 60 152.6 ADMINISTRATION ings after December 31, 2008 and pursuant to Internal Revenue Code Section 414(u)(7), the def- inition of earnings includes amounts paid by the village as differential wages to members who are absent from employment while serving in quali- fied military service. For Police Officer members only, effective the first full payroll following Octo- ber 1, 2013, Police Officers will be limited to three hundred (300) hours of overtime per officer per fiscal year. Effective date means March 1, 1967, the date on which this plan initially became effective. The effective date of this restated plan is the date as of which the village council adopts the plan. Employee means each actively employed full - time firefighter and police officer of the village. Employer means the Village of North Palm Beach, Florida. Firefighter means any person employed in the fire department who is certified as a firefighter as a condition of employment in accordance with the provisions of F.S. § 633.35, and whose duty it is to extinguish fires, to protect life, and to protect property. The term firefighter includes all certi- fied, supervisory, and command personnel whose duties include, in whole or in part, the supervi- sion, training, guidance, and management respon- sibilities of full -time firefighters, part -time fire- fighters, or auxiliary firefighters but does not include part -time firefighters or auxiliary firefight- ers. Fund means the trust fund established herein as part of the plan. Member means an employee who fulfills the prescribed participation requirements. Normal retirement date means for each mem- ber the first day of the month coincident with or next following the date on which the member attains age fifty -five (55) or the date on which the member attains age fifty -two (52) and has twenty - five (25) years of credited service. A member may retire on this normal retirement date or on the first day of any month thereafter. Plan or system means the Village of North Palm Beach Fire and Police Retirement Fund as contained herein and all amendments thereto. § 2 -160 Plan year means each year commencing on October 1, and ending on September 30. Police officer means any person employed in the police department who is certified as a law enforcement officer as a condition of employment in accordance with the provisions of F.S. § 943.14, and who is vested with authority to bear arms and make arrests, and whose primary responsi- bility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state. This definition in- cludes all certified supervisory and command per- sonnel whose duties include, in whole or in part, the supervision, training, guidance, and manage- ment responsibilities of full -time law enforcement officers, part -time law enforcement officers, or auxiliary law enforcement officers, but does not include part -time law enforcement officers or aux- iliary law enforcement officers as the same are defined in F.S. §§ 943.10(6) and 943.10(8), respec- tively. Any public safety officer who is responsible for performing both police and fire services and who is certified as a police officer or firefighter shall be considered a police officer. Supp. No. 60 152.7 Spouse shall mean the lawful wife or husband of a member at time of preretirement death or retirement. (Ord. No. 9 -82, § 1, 6- 10 -82; Ord. No. 1 -92, § 1, 2- 13 -92; Ord. No. 30 -95, §§ 1, 2, 10- 12 -95; Ord. No. 2008 -18, § 2, 11- 13 -08; Ord. No. 2010 -01, § 2, 1- 14 -10; Ord. No. 2011 -22, § 2, 12 -8 -11; Ord. No. 2014 -11, § 2, 9- 25 -14) Sec. 2 -160. Membership. (a) Conditions of eligibility. Each person who becomes an employee must become a member of the plan as a condition of his employment. Each such employee shall be considered a member immediately upon hire. (b) Application for membership. Each eligible employee shall, within thirty (30) days of becom- ing eligible, complete an application form cover- ing the following points, as well as such other points or items as may be prescribed by the board: (1) Acceptance of the terms and conditions of the plan; § 2 -160 NORTH PALM BEACH CODE (2) Designation of a beneficiary or beneficia- Sec. 2 -161. Benefit amounts. rtes; (3) Authorization of a payroll deduction pay- able to the plan as hereinafter provided; (4) Provision of acceptable evidence of his date of birth; (5) A certified statement as to prior medical history; and (6) A written release allowing distribution of all medical records to the board. (c) Change in designation of beneficiary. Amem- ber may, from time to time, change his designated beneficiary by written notice to the board upon forms provided by the board. Upon such change, the rights of all previously designated beneficia- ries to receive any benefit under the plan shall cease. (a) Normal retirement benefit. (1) Amount. Each member who retires on or after his normal retirement date shall be eligible to receive a normal retirement benefit commencing on his actual retire- ment date. The monthly normal retire- ment benefit shall be an amount equal to the sum of two and one half (21/2) percent of his average monthly earnings multi- plied by the member's credited service for the first twenty -four (24) years; zero (0) percent of his average monthly earnings multiplied by the member's credited ser- vice for each year after twenty -four (24) years up to thirty (30) years; and two (2) percent of his average monthly earnings multiplied by the member's credited ser- vice for each year in excess of thirty (30) years. (d) Buy -back of previous service. Each member (2) of the plan who terminates his employment with the employer and who is subsequently reem- ployed by the employer shall be permitted to "buy- back" his previous credited service under the following conditions: (1) The length of time between the member's termination date and his subsequent re- employment date is not limited. (2) The member must pay into the fund an amount equal to the sum of the amount he withdrew from the fund when he termi- nated employment, plus interest thereon at the rate of seven (7) percent from the date of withdrawal to the date of repay- ment. (3) The board shall notify the employee of the total amount payable, as described above. Payment must be made within ninety (90) days of such notification. (4) Upon timely payment of the required amount, the employee shall immediately be reinstated as member of the plan and shall be given credit for his previous cred- ited service. (Ord. No. 9 -82, § 2, 6- 10 -82; Ord. No. 1 -92, § 2, 2- 13 -92; Ord. No. 2008 -18, § 3, 11- 13 -08) Supp. No. 60 152.8 Form of benefit. The normal retirement benefit shall commence on the member's actual retirement date and be payable on the first day of each month thereafter, with the last payment being the one next preceding the retiree's death. If the mem- ber should die before one hundred twenty (120) monthly payments are made, pay- ments are then continued to the desig- nated beneficiary until one hundred twenty (120) monthly payments in all have been made, at which time the benefits cease. (3) Optional forms of benefit. In lieu of the form of benefit just described, a member may choose an optional form of benefit as provided in section 2 -162 below. (4) One hundred (100) percent vesting. Each member who attains normal retirement date or reaches ten (10) years of credited service shall be one hundred (100) percent vested in their accrued benefit. (b) Early retirement benefit. Amember retiring hereunder on or after his early retirement date may receive either a deferred or an immediate monthly retirement benefit as follows: (1) A deferred monthly retirement benefit which shall commence on the normal re- ADMINISTRATION tirement date and shall be continued on the first day of each month thereafter during his lifetime, guaranteed for one hundred twenty (120) monthly payments. The amount of the benefit shall be deter- mined and paid in the same manner as for retirement at the member's normal retire- ment date except that average monthly earnings and credited service shall be determined as of his early retirement date; or (2) An immediate monthly retirement benefit which shall commence on the member's early retirement date and shall be contin- Supp. No. 60 153 § 2 -161 ADMINISTRATION b. April 1 of the calendar year follow- ing the calendar year in which the member attains age seventy and one - half (70 1/2). (3) If an employee dies before his entire vested interest has been distributed to him, the remaining portion of such interest will be distributed at least as rapidly as provided for under this Plan and will comply with the incidental death benefit under Inter- nal Revenue Code Section 401(a)(9)(G). (4) All distributions under this Plan will be made in accordance with this section, Internal Revenue Code Section 401(a)(9) and the regulations thereunder, notwith- standing any provisions of this Plan to the contrary, effective beginning January 1, 2003. (Ord. No. 9 -82, § 3, 6- 10 -82; Ord. No. 20 -82, § 1, 11- 18 -82; Ord. No. 1 -92, § 3, 2- 13 -92; Ord. No. 6 -95, § 1, 3 -9 -95; Ord. No. 30 -95, § 3, 10- 12 -95; Ord. No. 20 -2000, §§ 1, 2, 8- 10 -00; Ord. No. 08 -2001, § 1, 4- 12 -01; Ord. No. 13 -2003, §§ 1 -3, 5 -8 -03; Ord. No. 2008 -18, § 4, 11- 13 -08; Ord. No. 2010 -01, § 3, 1- 14 -10; Ord. No. 2011 -03, § 2, 2- 10 -11; Ord. No. 2011 -22, § 3, 12 -8 -11; Ord. No. 2014 -11, § 3, 9- 25 -14) Sec. 2 -162. Optional forms of benefits. Each member entitled to a normal, early, dis- ability or vested retirement benefit shall have the right, at any time prior to the date on which benefit payments begin, to elect to have his or her benefit payable under any one (1) of the options hereinafter set forth in lieu of benefits provided herein, and to revoke any such elections and make a new election at any time prior to the actual beginning of payments. The value of op- tional benefits shall be actuarially equivalent to the value of benefits otherwise payable, and the present value of payments to the retiring member must be at least equal to fifty (50) percent of the total present value of payments to the retiring member and his/her beneficiary. The member shall make such an election by written request to the board, such request being retained in the board's files. Notwithstanding any other provi- sion of this section, a retired member may change his or her designation of joint annuitant or bene- Supp. No. 60 159 § 2 -162 ficiary up to two (2) times as provided in F.S. 175.333 without the approval of the board of trustees or the current joint annuitant or benefi- ciary. The retiree is not required to provide proof of the good health of the joint annuitant or bene- ficiary being removed, and the joint annuitant or beneficiary being removed need not be living. Any retired member who desires to change his or her joint annuitant or beneficiary shall file with the board of trustees a notarized notice of such change. Upon receipt of a completed change of joint annu- itant form or such other notice, the board of trustees shall adjust the member's monthly ben- efit by the application of actuarial tables and calculations developed to ensure that the benefit paid is the actuarial equivalent of the present value of the member's current benefit and there is no impact to the plan. The beneficiary or joint annuitant being removed will be assumed de- ceased by the actuary in determining the actuari- ally equivalent amount of the revised monthly payment. No retiree's current benefits shall be increased as a result of the change of beneficiary. (1) Option 1 —Joint and last survivor option. The member may elect to receive a bene- fit, which has been adjusted to the actu- arial equivalent of the normal form of benefit, during his/her lifetime and have such adjusted benefit (or a designated fraction thereof, for example one hundred (100) percent, seventy -five (75) percent, sixty -six and two - thirds (66 43) percent or fifty (50) percent) continued after his death to and during the lifetime of his benefi- ciary. The election of option 1 shall be null and void if the designated beneficiary dies before the member's benefit payments com- mence. (2) Option 2— Social security adjustment op- tion. If a member retires before being eligible for social security benefits, he may elect this option. A member may elect to receive a larger pension up to the date he begins receiving social security bene- fits. The member's pension benefits may be reduced or terminated after social se- curity payments begin. The amount of reduction shall be actuarially determined. § 2 -162 NORTH PALM BEACH CODE (3) Option 3— Other. In lieu of the other op- tional forms enumerated in this section, benefits may be paid in any form ap- proved by the board so long as actuarial equivalence with the benefits otherwise payable is maintained, provided, how- ever, that the board shall not authorize any actuarially equivalent single or lump sum distributions. (Ord. No. 9 -82, § 4, 6- 10 -82; Ord. No. 1 -92, § 4, 2- 13 -92; Ord. No. 20 -2000, § 3, 8- 10 -00; Ord. No. 13 -2003, § 4, 5 -8 -03; Ord. No. 2008 -18, § 5, 11 -13- 08; Ord. No. 2010 -01, § 4, 1- 14 -10) Sec. 2 -163. Contributions. (a) Member contributions. (1) Amount. Members of the plan shall make regular contributions to the fund at a rate equal to two (2) percent of their respective earnings. For Police Officer members only: (i) Effective at the beginning of the first full payroll period after October 1, 2013, the Police Officer member con- tribution shall increase to two and sixty -seven one hundredths (2.67) per- cent; (ii) Effective the first full payroll period after October 1, 2014, the Police Of- ficer member contribution shall in- crease to three and thirty -three one hundredths (3.33) percent; and (iii) Effective the first full payroll period after October 1, 2015, the Police Of- ficer member contribution shall in- crease to four (4) percent. (2) Duration. The village shall pick -up, rather than deduct from each member's pay, be- ginning with the date of employment, two (2) percent of the member's basic compen- sation. The monies so picked -up shall be deposited in the fund on a monthly basis. An account record shall be maintained continuously for each member. Pick -up contributions shall continue until death, disability or termination of service, which- ever shall occur first. Contributions shall remain in the fund unless withdrawn as provided in the plan. No member shall Supp. No. 60 160 have the option to choose to receive the contributed amounts directly instead of having them paid by the village directly to the plan. All such pick -up contributions by the village shall be deemed and be considered as part of the member's accu- mulated contributions and subject to all provisions of the plan pertaining to accu- mulated contributions of members. The intent of this provision is to comply with Section 414(h)(2) of the Internal Revenue Code. For paying Social Security taxes, and for such other purposes except as specified in this plan, the amount of em- ployee contributions "picked -up" or paid by the village will be added to the amount distributed on a current basis in order to determine total wages, salary, pay or com- pensation. In the event that the employer agrees to assume and pay member contri- butions in lieu of direct contributions by the member, such contributions shall ac- cordingly be paid into the plan on behalf of the members. No member subject to such agreement shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the employer directly to the plan. All such contributions by the employer shall be deemed and considered as part of the member's accumulated contributions and subject to all provisions of this plan per- taining to accumulated contributions of members. The intent of this language is to comply with section 414(h)(2) of the Inter- nal Revenue Code. (3) Interest. Interest shall be credited to mem- ber contributions as of September 30 of each year at a rate equal to the change in the consumer price index, published by the U.S. Bureau of Labor Statistics, over the twelve -month period ending on the previous June 30. The maximum rate for any year shall be seven (7) percent and the minimum rate shall be zero (0) per- cent. (4) Guaranteed refund. All benefits payable under this plan are in lieu of a refund of accumulated contributions. In any event, ADMINISTRATION however, each member shall be guaran- teed the payment of benefits on his behalf at least equal in total amount to his accumulated contributions. (b) State contributions. Any monies received or receivable by reason of the laws of the State of Florida for the express purpose of funding and paying for the benefits of police officers or fire- fighters shall be deposited in the fund within the time prescribed by law. Such monies shall be for the sole and exclusive use of members or may be used to pay extra benefits for members. (c) Employer contributions. So long as this plan is in effect, the employer shall make contri- butions to the fund in an amount at least equal to the difference in each year as between the aggre- gate member and state contributions for the year and the total cost for the year as shown by the most recent actuarial valuation report for the system. The total cost for any year shall be defined as the total of normal cost plus the addi- tional amount sufficient to amortize the unfunded actuarial liability in accordance with applicable laws of the State of Florida. The employer's con- tribution shall be deposited on at least a quarterly basis. (d) Forfeitures. Any forfeitures arising shall be applied to reduce future contributions to the plan. No forfeited amount shall be applied to change benefit amounts for members. (Ord. No. 9 -82, § 5, 6- 10 -82; Ord. No. 23 -86, § 1, 12- 11 -86; Ord. No. 1 -92, § 5, 2- 13 -92; Ord. No. 30 -95, § 4, 10- 12 -95; Ord. No. 29 -96, § 1, 7- 25 -96; Ord. No. 2014 -11, § 4, 9- 25 -14) Sec. 2 -164. Board of trustees — Generally. (a) Composition. The board of trustees shall consist of five (5) members: four (4) of whom shall be elected by a majority of the members of the plan. Two (2) of the elected members shall be certified firefighters of the village, and two (2) shall be certified police officers of the village. The fifth member of the board shall be a legal resident of the village and shall be appointed by the village council. Each of the elected board members shall be appointed for a period of four (4) years, unless he sooner leaves the employment of the village or forfeits membership on the board, whereupon a § 2 -164 successor shall be elected by a majority of the members of the plan. Each of the elected board members may succeed himself in office. The resi- dent member shall be a trustee for a term of four (4) years unless he forfeits membership on the board and he may succeed himself in office. The resident member shall be appointed by the village council for a term commencing October 1, 1998, and expiring April 30, 1999. The resident member shall be appointed by the village council for a two -year term commencing May 1, 1999, and on the first day of May of each second year thereaf- ter. The resident member shall hold office at the pleasure of the village council. The fifth member shall have the same rights as each of the other four (4) members appointed or elected as herein provided. The trustees shall by majority vote elect from its members a chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hear- ings of the board. The trustees shall not receive any compensation as such, but may receive ex- penses and per diem as provided by law. (b) Report and records. The secretary of the board shall keep, or cause to be kept in convenient form, such data as shall be necessary for an actuarial valuation of the assets and liabilities of the system. The fiscal year for the keeping of records and rendering reports shall be from Octo- ber 1 through September 30. (c) Board meetings. The board shall meet at least quarterly each year. All board meetings shall be held at village hall. At any meeting of the board, three (3) trustees shall constitute a quo- rum. Any and all acts and decisions shall be by at least three (3) members of the board; however, no trustee shall take part in any action in connection with his or her own participation in the plan, and no unfair discrimination shall be shown to any individual participating in the plan. Supp. No. 60 160.1 (d) Power to bring and defend lawsuits. The board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature and description. The board shall be independent of the village to the extent required § 2 -164 NORTH PALM BEACH CODE to accomplish the intent, requirements, and re- sponsibilities provided for in this article and ap- plicable law. (Ord. No. 9 -82, § 6, 6- 10 -82; Ord. No. 14 -87, § 1, 9- 10 -87; Ord. No. 1 -92, § 6, 2- 13 -92; Ord. No. 22 -98, § 1, 9- 24 -98; Ord. No. 06 -2002, § 3, 2- 28 -02; Ord. No. 2006 -04, § 1, 3- 23 -06; Ord. No. 2006 -07, 2, 3, 5- 25 -06; Ord. No. 2010 -01, § 5, 1- 14 -10) Sec. 2 -165. Prior service. Unless otherwise prohibited by law, the years or fractional parts of years that a member previ- ously served as a firefighter, police officer or public safety officer with the village during a period of employment and for which accumulated contributions were withdrawn from the fund, or the years and fractional parts of years that a member served as a firefighter, police officer or public safety officer for this or any other munici- pal, county, state or federal fire, police or public safety department, or any time served in the military service of the armed forces of the United States, shall be added to the years of credited service provided that: (1) The member contributes to the fund the sum that would have been contributed, based on the member's salary and the employee contribution rate in effect at the time that the credited service is re- Supp. No. 60 160.2 Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Article I. In General Sec. 6 -1. Construction on public land prohibited. Sec. 6 -2. Reserved. Sec. 6 -3. Reserved. Sec. 6 -4. Reserved. Secs. 6- 5 -6 -15. Reserved. Article II. Minimum Construction Standards Sec. 6 -16. Authority. Sec. 6 -17. Codes adopted. Sec. 6 -18. Construction board of adjustment and appeals. Sec. 6 -19. Violations; penalty. Sec. 6 -20. Reserved. Secs. 6- 21 -6 -29. Reserved. Article III. Appearance Code Division 1. Generally Sec. 6 -30. Short title. Sec. 6 -31. Definition. Sec. 6 -32. Intent and purposes. Sec. 6 -33. Appearance plan. Sec. 6 -34. Reserved. Sec. 6 -35. Appeals and review. Sec. 6 -36. Powers and duties of planning commission concerning the appear- ance code. Secs. 6- 37 -6 -42. Reserved. Division 2. Reserved Secs. 6- 43 -6 -55. Reserved. Division 3. Certificate of Appropriateness Sec. 6 -56. Preliminary consideration. Sec. 6 -57. final hearings. Sec. 6 -58. Action of planning commission. Sec. 6 -59. Approval by planning commission. Sec. 6 -60. Follow -up by community development department. Secs. 6- 61 -6 -71. Reserved. Article IV. Abatement of Unsafe or Unsanitary Buildings Sec. 6 -72. Purpose and scope. Sec. 6 -73. Unsafe or unsanitary buildings and structures. *Cross references - Construction requirements for waterway related structures, § 5 -49 et seq.; enforcement of Ch. 6 by code enforcement board, § 2 -171 et seq.; bulkhead lines, Ch. 7; electricity, Ch. 11; fire prevention and protection, Ch. 12; flood damage prevention, Ch. 12.5; housing, Ch. 15; permissible times for construction activity, § 19 -111; planning and development, Ch. 21; streets, sidewalks and public places, Ch. 24; swimming pools, Ch. 25; use of rights -of -way for utilities, Ch. 28; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. Supp. No. 60 381 NORTH PALM BEACH CODE Sec. 6 -74. Enforcement and right of entry. Sec. 6 -75. Inspection. Sec. 6 -76. Violations. Sec. 6 -77. Service of notice of violation. Sec. 6 -78. Placard posting. Sec. 6 -79. Hearing. Sec. 6 -80. Implementation. Sec. 6 -81. Appeal. Sec. 6 -82. Performance of work. Sec. 6 -83. Recovery of costs. Sec. 6 -84. Imposition of lien. Sec. 6 -85. Authority to expend funds. Sec. 6 -86. Provisions supplemental. Secs. 6 -87 -6 -109. Reserved. Article V. Signs and Outdoor Displays Sec. 6 -110. Purpose and scope of regulations. Sec. 6 -111. General provisions. Sec. 6 -112. Exempt signs. Sec. 6 -113. Prohibited signs. Sec. 6 -114. Permitted temporary signs. Sec. 6 -115. Permitted permanent accessory signs. Sec. 6 -116. Measurement determinations. Sec. 6 -117. Design, construction, and location standards. Sec. 6 -118. Severability. Secs. 6 -119 -6 -149. Reserved. Article VI. Reserved Article VII. Reserved Supp. No. 60 382 BUILDINGS AND BUILDING REGULATIONS DIVISION 2. RESERVED* Secs. 6- 43 -6 -55. Reserved. DIVISION 3. CERTIFICATE OF APPROPRIATENESS Sec. 6 -56. Preliminary consideration. The planning commission shall, at the written request of a prospective applicant for a certificate of appropriateness, give consideration to prelimi- nary exterior drawings, sketches, landscape and site plans and materials on a specific project before a formal application is filed, and shall provide such advice, counsel, suggestions and recommendations on matters pertaining to aes- thetics as they may deem necessary to guide such prospective applicant in the development of a plan which would comply with the requirements and purposes of the appearance plan; except that the planning commission shall act in an advisory capacity only, with regard to preliminary plans, and shall provide consultation only on projects for which preliminary drawings and materials are furnished by such prospective applicant, and shall not participate in the development of the basic concept, plans or drawings. Upon finding the preliminary exterior drawings, sketches, land- scape and site plans and materials are appropri- ate to, or compatible with, the character of the immediate neighborhood and will tend to effect the general purposes of the appearance plan, the board will issue a preliminary approval. Such approval will be irrevocable, and makes the issu- ance of the certificate of appropriateness manda- tory upon application, unless the final presenta- tion does not comply in all respects with the preliminary presentation upon which the prelim- inary approval was based. (Code 1970, § 6 -33; Ord. No. 6 -77, § 5, 4- 28 -77) Sec. 6 -57. Final hearings. Upon filing of an application for building per- mit for a multifamily or commercial building, the *Editor's note — Ordinance No. 6 -77, § 5, adopted April 28, 1977, repealed 1970 Code §§ 6- 23 -6 -27, which were Div. 2, §§ 6- 43 -6 -47 of the 1978 Code, pertaining to the appearance board. See also the editor's note for § 6 -36. Supp. No. 60 387 § 6 -58 community development department shall sched- ule the application for a hearing before the plan- ning commission. The fact that an application for a certificate of appropriateness has been filed shall not be cause for the community development department to delay the review of plans relating to the building and zoning aspects of the project, while the application is pending. The planning commission shall establish regularly scheduled monthly meetings at which to review all applica- tions. Applications shall be submitted at least fourteen (14) days prior to the scheduled monthly meetings, or as otherwise determined by the community development director, in order to be considered at that scheduled monthly meeting. The community development department shall prepare an agenda containing a list of all appli- cations filed for each scheduled monthly meeting, which shall be submitted to all members of the planning commission at least five (5) days prior to the scheduled monthly meetings. The community development department shall further notify each applicant of the date and time of a hearing on his application, in writing, which notice shall be mailed at least five (5) days prior to such hearing. Upon such hearing, the planning commission shall consider the application for building permit and receive additional evidence (such as the exte- rior renderings) from the applicant or his agent or attorney and from village staff or other persons as to whether the external architectural features of the proposed building or structure comply with the appearance plan. (Code 1970, § 6 -34; Ord. No. 19 -77, § 1, 10- 27 -77; Ord. No. 2012 -02, § 3, 3 -8 -12) Sec. 6 -58. Action of planning commission. Upon consideration of an application, the plan- ning commission shall issue a certificate of appro- priateness to the community development depart- ment upon a finding that the plan conforms to the village appearance plan and that the proposed building or structure is appropriate to, and com- patible with, the character of the immediate neigh- borhood and will not cause a substantial depreci- ation in property values. If the planning commission determines that these criteria are not met, the planning commission shall provide such advice, counsel, suggestions and recommendations on § 6 -58 NORTH PALM BEACH CODE matters pertaining to aesthetics as it may deem necessary to guide the prospective applicant in the development of a plan which would comply with the requirements and purposes of the ap- pearance plan. If preliminary hearings have been held on the project for which application is being made, and preliminary approval has been issued by the planning commission as provided in sec- tion 6 -56, the planning commission shall issue a certificate of appropriateness immediately, pro- vided that the final drawings, plans and material as presented comply in all respects with the preliminary presentation upon which the prelim- inary approval was based. (Code 1970, § 6 -35; Ord. No. 6 -77, § 5, 4- 28 -77; Ord. No. 2012 -02, § 3, 3 -8 -12) Sec. 6 -59. Approval by planning commis- sion. The planning commission shall issue a certifi- cate of appropriateness upon a concurring vote of at least three (3) members. No building or other permit, otherwise required under the ordinances of the village, for the erection, construction, alter- ation or repair of any building or structure in a multiple - dwelling, commercial or public zoning district shall be approved by the community de- velopment director except upon the granting of a certificate of appropriateness by the planning commission. The foregoing requirements shall not preclude the issuance of a building permit with- out such certificate if the community development director shall determine that no external archi- tectural feature as defined in section 6 -31 is involved in the work for which the building per- mit is sought. (Code 1970, § 6 -36; Ord. No. 6 -77, § 5, 4- 28 -77; Ord. No. 2012 -02, § 3, 3 -8 -12) Sec. 6 -60. Follow -up by community develop- ment department. Upon the granting of a certificate of appropri- ateness, the exterior drawings, sketches, land- scape and site plans, renderings and materials upon which such certificate was granted shall be turned over to the community development de- partment whose responsibility it shall be to de- termine, from time to time as the project is in progress and finally upon its completion, that Supp. No. 60 388 there have been no unauthorized deviations from the evidence upon which the granting of the certificate of appropriateness was originally based. The community development department shall not issue a certificate of occupancy or final inspec- tion approval for any building or structure where there have been any deviations from the certifi- cate of appropriateness which has been granted. (Code 1970, § 6 -38; Ord. No. 2012 -02, § 3, 3 -8 -12) Secs. 6- 61 -6 -71. Reserved. ARTICLE IV. ABATEMENT OF UNSAFE OR UNSANITARY BUILDINGS* Sec. 6 -72. Purpose and scope. (a) The purpose of this article is to protect the public health, safety and welfare by ensuring that all buildings and structures within the village are in a safe, sanitary and habitable condition and are free from fire and other hazards incidental to their use and occupancy. (b) The provisions of this article shall apply to all unsafe or unsanitary buildings and structures, as herein defined, and shall apply equally to new and existing conditions. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -73. Unsafe or unsanitary buildings and structures. An unsafe or unsanitary building or structure means any building, structure or property that endangers the life, health, property or safety of individuals or the general public and has any of the following conditions. (1) The building or structure is abandoned and open at the windows or doors so as to allow vagrants or other unauthorized per- sons to enter the building and structure, thereby creating a nuisance for those re- siding within its vicinity. *Editor's note —Ord. No. 2014 -13, § 2, adopted December 11, 2014, set out provisions for use herein as art. 1V, §§ 6 -72- 6-86. Prior to the adoption of those provisions art. TV was repealed by Ord. No. 4 -90, § 3, adopted March 8, 1990, which pertained to contractors and was derived from Code 1970, §§ 10- 1- 10 -11, and Ord. No. 19 -82, §§ 1 -6, adopted October 14. 1982. BUILDINGS AND BUILDING REGULATIONS (2) Any exterior appendage or portion of the building or structure is not securely fas- tened, attached or anchored thereby pos- ing a danger to persons residing within the building or structure and to those residing within its vicinity. (3) An unsafe or unsanitary condition exists within the building or structure by reason of water intrusion or inadequate or mal- functioning sanitary facilities, waste dis- posal systems, illumination or ventila- tion. (4) The building, structure or portion thereof, as a result of decay, deterioration or dilap- idation, is likely to fully or partially col- lapse. (5) The building or structure is in such a dilapidated condition due to lack of main- tenance and/or repair that it is unfit for human habitation or presents a fire haz- ard. (6) The building, structure, property or por- tion thereof is in such a condition as to constitute a public nuisance. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -74. Enforcement and right of entry. (a) The provisions of this article shall be en- forced by the community development director. (b) The community development director or his/her authorized designee, in accordance with the provisions of this section, may enter any building or premises at all reasonable times to make an inspection or enforce any of the provi- sions of this article. In cases of emergencies or exigent circumstances where extreme hazards are known to exist, the community development director may enter the building, structure, or premises at any time. (c) When attempting to enter a building, struc- ture or premises that is occupied, the community development director or his/her authorized desig- nee shall first identify him or herself, display proper credentials and request entry. If the build- ing, structure, or premises is unoccupied, the community development director shall first make a reasonable effort to locate the owner or other Supp. No. 60 389 § 6 -76 persons having charge of the building and request entry. If entry is refused, or if the owner or other persons having charge of an unoccupied building cannot be located, the community development director shall have recourse to every remedy provided by law to secure entry, including an inspection warrant. (d) When the community development director or his/her authorized designee shall have ob- tained permission to enter, secured an inspection warrant, or obtained another remedy provided by law to secure entry, no person shall fail, after proper credentials are displayed, to promptly per- mit entry into the building, structure or premises by the community development director or his/her authorized designee for the purpose of inspection and examination pursuant to this section. Any person violating this section may be prosecuted within the limits of the law. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -75. Inspection. The community development director shall in- spect, or cause to be inspected, any building, structure or portion thereof which is or may be unsafe or unsanitary. After the community devel- opment director has inspected or caused to be inspected a building, structure or portion thereof, and has determined that such building, structure or portion thereof is unsafe or unsanitary, he /she shall initiate proceedings to cause the abatement of the unsafe or unsanitary condition by repair, vacation or demolition, or any combination thereof. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -76. Violations. (a) Whenever the community development di- rector has determined that such structure, prop- erty or portion thereof is unsafe or unsanitary, the community development director shall prepare a written notice of violation to be issued to the owner of record and all interested parties (defined as any person or entity having a legal or equitable interest in the property by virtue of a mortgage, lien or similar instrument) as identified by a search of the public records in and for Palm Beach County. § 6 -76 NORTH PALM BEACH CODE (b) The notice of violation shall contain, but not be limited to, the following information: (1) The street address, legal description and property control number of the building, structure or property. (2) A statement indicating the building or structure has been declared unsafe or unsanitary by the community develop- ment director, and a summary of the conditions that led to the community de- velopment director's determination. (3) A statement advising that if the following required action as determined by the com- munity development director is not com- menced within or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed. a. If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within thirty (30) days and continued to comple- tion within such time as the commu- nity development director determines. b. If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed. C. If the building or structure is to be demolished, the notice shall require that all required permits for demoli- tion be secured and that the demoli- tion be completed within such time as determined reasonable by the com- munity development director. If the building is occupied, the notice shall require that the premises be vacated within thirty (30) days. (4) State that if the building or structure is not brought into compliance in accor- dance with the notice or a hearing is not timely requested, a notice of pending ad- ministrative action may be recorded in the public records. (5) State that the community development director may cause the work to be done Supp. No. 60 390 and after such repair, reconstruction, al- teration, removal and/or demolition by or on behalf of the community development director, the village may record a lien against the property in accordance with this article to recover the costs incurred by the village in performing the work. (6) State that if the property owner or other interested party wishes to contest in whole or in part the material allegations in the notice, the property owner shall have a right to hearing. Any request for a hear- ing must be made in writing within fif- teen (15) days of receipt of the notice of violation or the right to hearing is waived. (c) If a building or structure is not brought into compliance in accordance with the notice or a hearing is not timely requested, a notice of pend- ing administrative action shall be recorded with the county clerk of court, served upon the prop- erty owner and other interested parties as indi- cated below and contain the name of the property owner, the property address and legal description. This notice shall remain until such time as the conditions rendering the building or structure unsafe have been abated. At such time, the com- munity development director shall file a release of the notice of pending administration with the county clerk of court. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -77. Service of notice of violation. The notice of violation shall be served either personally or by certified mail, postage pre -paid, return receipt requested, to each owner at the address as it appears in the official public records and to other known interested parties. If ad- dresses are not available for any person required to be served the notice, the notice addressed to such person shall be mailed to the address of the building or structure involved in the proceedings. The failure of any person to receive notice, other than the owner of record, shall not invalidate any proceedings under this section. Service by certi- fied or registered mail as herein described shall be effective on the date the notice was received as indicated on the return receipt. The notices shall also be posted on the property for a period of ten (10) days. In the event the certified mail is un- BUILDINGS AND BUILDING REGULATIONS claimed or refused or the return receipt is other- wise not received, the notice shall be deemed received at the expiration of the ten (10) day posting period. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -78. Placard posting. In addition to complying with the above, a notice shall be posted at the primary entrance to the building or structure ordered vacated and shall essentially state: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE VILLAGE PURSUANT TO CHAP- TER 6, ARTICLE IV OF THE VILLAGE CODE OF ORDINANCES. IT IS UNLAWFUL FOR ANY PERSON TO ENTER, OCCUPY OR RE- SIDE IN THIS BUILDING AND VIOLATORS WILL BE SUBJECT TO ARREST. Such notice shall remain posted until the re- quired repairs are made or demolition is com- pleted. It shall be unlawful for any person to remove such notice or enter the building except for the purpose of making the required repairs or demolishing the structure. Any violation of this provision shall be punishable in accordance with Section 1 -8 of this Code. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -79. Hearing. (a) The village council shall appoint a special magistrate to conduct all hearings contemplated by this section. The special magistrate shall serve at the pleasure of the village council and may be removed by the village council at any time, with or without cause. The code enforcement special magistrate may serve as the unsafe building magistrate to enforce the provisions of this arti- cle. (b) Any interested party entitled to notice may request a hearing before the special magistrate. Such request must be in writing and received by the community development director within fif- teen (15) days from the date of service and must contain, at a minimum, the following: (1) Identification of the building or structure by street address; Supp. No. 60 391 § 6 -80 (2) Legal interest of person requesting the hearing; (3) Statement detailing the issues on which he or she desires to be heard; (4) The legal signature of the person request- ing the hearing, his or her telephone num- ber and mailing address. Upon timely receipt of the request, the commu- nity development director shall schedule a hear- ing before the special magistrate as soon as prac- ticable. Written notice of the hearing shall be delivered personally or by certified mail, return receipt requested, to the party requesting the hearing at the address provided in the request. (c) A hearing before the special magistrate shall offer the property owner and other legally interested parties a reasonable opportunity to be heard on any matter or issue that is relevant to the proceeding. The property owner or interested parties may appear at the hearing in person or through an attorney or other designated represen- tative. Failure of any person to appear at any hearing scheduled in accordance with this section shall constitute a waiver of that person's right to a hearing. (d) The special magistrate may obtain the is- suance and service of subpoenas for the atten- dance of witnesses or the production of evidence at the hearings. Subpoenas may be issued by the special magistrate at the request of any party involved in the hearing. (e) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply, but fundamental due process shall be ob- served and shall govern the proceedings. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -80. Implementation. (a) If no hearing is timely requested as set forth above, the community development director may take action to repair or reconstruct the building, structure or portion thereof and/or to cause the building or structure to be removed or demolished if required by the notice. § 6 -80 NORTH PALM BEACH CODE (b) If a hearing is requested, and the special magistrate determines: (1) That the condition exists as set forth in the notice of violation, and that the reme- dial action required in the notice has not been voluntarily completed by the prop- erty owner, or other legally interested party, the special magistrate shall issue a written order authorizing the community development director to repair, recon- struct the building, structure or portion thereof and/or to cause the building or structure to be removed or demolished. (2) That the condition, as set forth in the notice of violation does not exist or has been corrected as required by the notice of violation, the notice of violation shall be dismissed by written order of the special magistrate and the notice of pending ad- ministrative action shall be released. (c) The community development director may, upon written request of the property owner, grant an extension of time as the community develop- ment director may determine to be reasonable to complete the required remedial action. If the extensions of time, in total, exceed one hundred twenty (120) days, the special magistrate, with- out further public hearing, must also approve the extension. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -81. Appeal. An aggrieved party, including the village, may appeal a final order of the special magistrate by filing a petition for writ of certiorari with the circuit court. Said appeal must be filed within thirty (30) days from the effective date of the special magistrate's written order. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -82. Performance of work. The repair or demolition of an unsafe building or structure as required in the notice by the community development director or the final de- cision by the special magistrate shall be per- formed in an expeditious and workmanlike man- Supp. No. 60 392 ner in accordance with the requirements of all applicable codes and accepted engineering prac- tice standards. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -83. Recovery of costs. (a) Whenever a building or structure is re- paired or demolished in accordance with the pro- visions of this code and the cost of such repair or demolition is borne by the village, all costs in- curred by the village, including, but not limited to, the cost incurred in searching the public re- cords to determine the record owners and inter- ested parties, the costs of administration and mailing, and the cost of conducting any hearings, shall be assessed to the owner of the affected land or premises and shall become a lien against such land or premises as provided in this article. (b) The community development director shall certify the costs borne by the village, as described above, and shall serve such cost certification upon the property owner by certified mail return re- ceipt requested and by first class mail. This cost certification is a demand for payment from the property owner. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -84. Imposition of lien. (a) If the owner fails to make payment within thirty (30) days of the issuance of the community development director's cost certification, the amount of the certified costs shall be assessed by the special magistrate against the affected land and such special assessment shall create and constitute a lien against such land, payable to the village. (b) Said assessment shall bear interest at the current legal rate of interest per annum as pro- vided by law and shall constitute a lien upon the land from the date of the assessment and shall be collectible in the same manner as liens for taxes and special assessments and with the same attor- ney's fee, penalties for default in payment, and under the same provisions as to sale and forfei- ture. BUILDINGS AND BUILDING REGULATIONS (c) Collection of such assessments, with such interest and with a reasonable attorney's fee, may also be made by the village council by proceedings in a court of competent jurisdiction to foreclose the lien of the assessment in the manner in which a lien for mortgages is foreclosed under the laws of the state and it shall be lawful to join in any complaint for foreclosure any one (1) or more lots or parcels of land, by whomever owned, if as- sessed under the provisions of this section. (d) Property subject to lien may be redeemed at any time prior to sale by its owner by paying the total amount due under the corresponding assessment lien including interest, court costs, advertising costs and reasonable attorney's fees. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -85. Authority to expend funds. Nothing contained herein shall require the village council to appropriate or expend any funds to carry out the purpose of this section. The authority granted herein is permissive and shall not be construed to impose an obligation on the community development director or the village. (Ord. No. 2014 -13, § 2, 12- 11 -14) Sec. 6 -86. Provisions supplemental. The provisions of this article shall not be deemed to repeal or modify any village ordinance or provision of the village code relating to the con- demning of buildings and structures or preclude the exercise of emergency powers. The provisions of this article shall be supplemental and in addi- tion to the powers that may be exercised by the village council, its officers and employees. (Ord. No. 2014 -13, § 2, 12- 11 -14) Secs. 6 -87 -6 -109. Reserved. ARTICLE V. SIGNS AND OUTDOOR DISPLAYS* Sec. 6 -110. Purpose and scope of regula- tions. (a) In General. The purpose of this chapter is to establish regulations for the systematic control of signs and advertising displays within the Vil- *Editor's note —Ord. No. 24 -93, § 1, adopted Oct. 14, 1993, repealed the provisions of former Art. V, §§ 6- 111 -6- 138, relative to signs and outdoor displays, and § 2 of said ordinance enacted a new Art. V to read as herein set out in §§ 6- 111 -6 -117. The provisions of former Art. V derived from Ord. No. 10 -80, adopted May 22, 1980; Ord. No. 32 -80, adopted § 6 -111 lage of North Palm Beach. The regulations and requirements as herein set forth are intended to preserve the residential character of the Village of North Palm Beach by controlling size, location and use of signs in all zoning districts within the village. It is further intended to protect and promote the general health, safety and welfare of the public, to protect property values and to assist in the safe, economic, and aesthetic development of business: Supp. No. 60 392.1 (1) Property value protection. Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness or movement. They should be in harmony with buildings, the neighborhood and other conforming signs in the area. (2) Communication. Signs should not deny other persons or groups the use of sight lines on public rights -of -way, should not obscure important public messages and should not overwhelm readers with too many messages. Signs can and should help individuals to identify and under- stand the jurisdiction and the character of its subareas. (3) Preservation of community's beauty. Small residential municipalities such as this rely heavily on their natural surroundings and beautification efforts to retain their unique character. This concern is reflected by the active and objective regulations of the appearance and design of signs. (Ord. No. 31 -2001, § 1, 10- 25 -01) Sec. 6 -111. General provisions. (A) Criteria for appearance. (1) Wall signs shall be part of the architec- tural concept of the building. Size, color, lettering, location and arrangement shall be harmonious with the building design. Oct. 23, 1980; Ord. No. 7 -85, adopted May 9, 1985; Ord. No. 1 -88, adopted Jan. 14, 1988; Ord. No. 5 -89, adopted Feb. 9, 1989; and Ord. No. 19 -89, adopted Sept. 14, 1989. Cross references — Appearance plan, App. A; zoning, App. C. § 6 -111 NORTH PALM BEACH CODE (2) Ground signs shall be designed in har- mony with the architectural theme, de- sign style and scale of the principal build- ing on site and incorporate complementary building materials. The same criteria ap- plicable to wall signs shall apply to ground signs. (3) Identification signs of a prototype design shall conform to the criteria for building and ground signs. (4) Materials used in signs shall have good architectural character and be harmoni- ous with the building design and surround- ing landscape. (5) Every sign shall be designed so as to have visual relationship to buildings and sur- roundings. (6) Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided. Lighting shall be harmonious with the design. If external spot or flood lighting is used, the light fixtures and light source shall be arranged so that the light source is shielded from view. (7) All permanent signs shall comply with the requirements and procedures of the Village Appearance Code. (B) Relationship to building and electrical codes. These sign regulations are intended to comple- ment the requirements of the building and elec- trical codes adopted by the village. Wherever there is inconsistency between these regulations and the building or electrical code, the more stringent requirements shall apply. (C) Nonconforming signs. All building wall sign structures, awning signs, pole sign structures and ground sign structures erected within the village that do not conform to the terms of this code shall conform by October 14, 2003, or be removed from the premises. A face change on a building wall sign, awning sign, pole sign or ground sign will not require the sign to conform. All other signs and outdoor displays shall conform within thirty (30) days of the effective date of this article. A nonconforming sign may not be enlarged or al- tered to increase its nonconformity. Should any Supp. No. 60 392.2 nonconforming sign be damaged by any means to an extent of more than fifty (50) percent of its replacement cost at the time of damage, it shall not be reconstructed or repaired except in confor- mity with the provisions of this article. (D) Appeals and review. The applicant may file an appeal to the village council on any ruling by the planning commission as to this Sign Code in accordance with section 6 -35 of the Village Code. (E) Variance. (1) Permanent sign. Dimensional restrictions outlined in this Code or viewing obstacles shall be considered the only grounds of a hardship for appeal from the regulations described herein. Any increase in the height or size of a sign or setback thereof in the granted variance shall not exceed thirty (30) percent of the requirements of this code. (2) The board of adjustment shall hear and rule on all applications for variance to this Code. All the provisions of Article III, Chapter 21 of the Village Code, shall apply to applications for variance to this code. (3) All applications for variances to regula- tions established by this article shall be filed with the community development director upon a form supplied by the vil- lage. The application shall be accompa- nied by the filing fee established in the master fee schedule adopted annually as part of the village budget. (4) Public notice of all hearings conducted in accordance with this section shall be pro- vided as required by section 21 -3 of this Code. (F) Enforcement. The building official may ini- tiate action before the code enforcement board of the village to obtain compliance with this code. (G) Maintenance. (1) All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and dis- play areas, shall be maintained in accor- dance with the building and electrical BUILDINGS AND BUILDING REGULATIONS codes adopted by the village, and shall present a neat and clean appearance. The vegetation around the base of ground signs shall be neatly trimmed and free of un- sightly weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. (2) Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which sign may be found within ten (10) days after written notification from the community development department. Upon failure to comply with such notice within the spec- ified time in such order, the community development department is hereby autho- rized to cause removal of such sign and any expenses incident thereto shall be paid by the owner of the building or structure to which said sign is attached. (H) Definitions. Accessory sign. A permanent ground or build- ing wall sign that is permitted under this Code as incidental to an existing or proposed use of land. Advertising. Sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity, entertainment, or real or personal property. Awning. An architectural projection that pro- vides weather protection, identity and/or deco- ration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid or retractable skeleton over which an approved cover is attached. Awning sign. A sign painted on, printed on or attached flat against the surface of the awning. Back lit awning. An internally illuminated awning with translucent covering. Building wall sign. A sign displayed upon or attached to any part of the exterior of a build- Supp. No. 60 392.3 § 6 -111 ing, including walls, windows, doors, parapets, awnings and roof slopes of forty -five (45) de- grees or steeper. Changeable copy sign. A sign which is visible from outside a building and which is character- ized by changeable copy, regardless of method of attachment of the copy. Commercially developed parcel. A parcel of property on which there is at least one walled and roofed structure used, or designed to be used, for other than residential or agricultural purposes. Copy. The linguistic or graphic content of a sign. Directional sign. An on premises sign de- signed to guide or direct pedestrians or vehic- ular traffic. Electric sign. Any sign containing electric wiring. Erect a sign. To construct, reconstruct, build, relocate, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish a sign but it shall not include any of the foregoing activities when performed as an incident to routine mainte- nance. Frontage. The length of the property line of any one parcel along the main street on which it borders. Ground sign. Any sign that is erected on the ground, when no part of the sign is attached to any part of a building or structure. A ground sign shall be supported by a base no greater than three (3) feet in height. Harmful to minors. With regard to sign content, any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: (1) Predominately appeals to the pruri- ent, shameful, or morbid interest of minors in sex, and (2) Is patently offensive to contempo- rary standards in the adult commu- nity as a whole with respect to what is suitable sexual material for mi- nors, and § 6 -111 NORTH PALM BEACH CODE (3) Taken as a whole, lacks serious lit- erary, artistic, political, or scientific value. The term "harmful to minors" shall also in- clude any non - erotic word or picture when it: (1) Is patently offensive to contempo- rary standards in the adult commu- nity as a whole with respect to what is suitable for viewing by minors, and (2) Taken as a whole, lacks serious lit- erary, artistic, political, or scientific value. Height of a sign. The height of a sign shall be measured as the vertical distance from the finished grade, excluding berms, at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. Illuminated sign. A sign which contains a source of light or which is designed or arranged to reflect light from an artificial source includ- ing indirect lighting, neon, incandescent lights, back - lighting, and shall also include signs with reflectors that depend upon automobile head- lights for an image. Logo. Any symbol, trademark, picture or other graphic representation which is used to signify or identify the particular business or organization. Marquee. A structure projecting from and completely supported by a building and which extends beyond the building line or property line and fully or partially covers a sidewalk, public entrance or other pedestrian way. Multiple occupancy complex. A commercial use, i.e. any use other than residential consist- ing of a parcel of property, or parcel of contig- uous properties, existing as a unified or coordi- nated project, with a building or buildings housing more than one occupant. Neon tube sign. A sign electrically lighted by exposed tubes containing inert gas and visible from outside of a building. Supp. No. 60 392.4 Nonconforming sign. A sign existing at the effective date of the adopting of this article which could not be built under the terms of this article. Occupant (occupancy). The use of a building or structure, or any portion thereof for commer- cial transactions. Off site /premise sign. A sign advertising an establishment, merchandise, service or enter- tainment, which is not sold, produced, manu- factured or furnished at the property on which said sign is located. Outline neon lighting. An arrangement of electric discharge tubing to outline or call at- tention to certain features such as the shape of a building or the decoration of a window. Painted wall sign. A sign painted on a wall or on any other surface or part of a building or structure. Parcel. A unit of land within legally estab- lished property lines. If, however, the property lines are such as to defeat the purposes of this Code or lead to absurd results, a "parcel" may be as designated for a particular site by the building official. Permanent. Designed, constructed and in- tended for more than short term use. Pole sign. A sign supported permanently upon the ground by poles or braces and not attached to any building. Portable sign. Any sign which is manifestly designed to be transported by trailer or on its own wheels, including such signs even though the wheels may be removed and the remaining chassis or support structure converted to an A or T frame sign and attached temporarily or permanently to the ground. Roof line. A horizontal line intersecting the highest point or points of a roof. Roof sign. A sign placed above the roof line of a building or on or against a roof slope of less than forty -five (45) degrees. Sign. Any writing, pictorial presentation, number, illustration, or decoration, flag, ban- ner or pennant, balloon, search light, or other BUILDINGS AND BUILDING REGULATIONS device which is used to announce, direct atten- tion to, identify, advertise or otherwise make anything known. The term sign shall not be deemed to include the terms "building" or "land- scaping," or any architectural embellishment of a building not intended to communicate information. Sign face. The part of a sign that is or may be used for copy. § 6 -112 a permit or paying a fee, but they shall be subject to the other provisions of this chapter. (Ord. No. 24 -93, § 2, 10- 14 -93; Ord. No. 13 -94, § 1, 5- 11 -94; Ord. No. 10 -99, § 1, 2- 11 -99; Ord. No. 2009 -02, § 2, 1- 22 -09; Ord. No. 2009 -16, § 4, 11- 12 -09; Ord. No. 2012 -02, § 4, 3 -5 -12; Ord. No. 2014 -09, § 12, 9- 25 -14) Sec. 6 -112. Exempt signs. Sign face area. The area of any regular The following signs are exempt from the oper- geometric shape which contains the entire sur- ation of these sign regulations, and from the face area of a sign upon which copy may be requirement in this Code that a permit be ob- placed. Sign structure. Any construction used or designed to support a sign. Street. A public or private right -of -way for vehicular traffic, including highways, thorough- fares, lanes, roads, ways, and boulevards. Temporary sign. A sign which is intended to advertise community events, civic projects, po- litical candidacy, political issues, real estate for sale or lease or other special events on a short term basis. Unit. That part of a multiple occupancy complex housing one occupant. Vehicle sign. A sign of any nature attached to, affixed in any manner or painted on a motor vehicle or trailer. (1) Permits. (1) A sign shall not hereafter be erected, constructed, altered or maintained except as provided in this Code, until after a permit for the same has been issued in accordance with the permitting proce- dures of the building code. (2) Fees. Fees shall be based on the construc- tion valuation as set forth in the building code. (3) Exemption. Temporary signs not regu- lated by the Florida Building Code are exempt from the requirement of obtaining Supp. No. 60 392.5 HEALTH AND SANITATION ARTICLE I. IN GENERAL Secs. 14- 1- 14 -15. Reserved. ARTICLE II. GARBAGE, TRASH AND REFUSE* DIVISION 1. GENERALLY Secs. 14- 16- 14 -22. Reserved. DIVISION 2. GARBAGE COLLECTION AND DISPOSAL Sec. 14 -23. Definition. As used in this division, "commercial garbage" shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the prepa- ration, use, cooking and dealing in, or storage of meats, fish, fowl, fruits or vegetables, and any other matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ- carrying insects. (Code 1970, § 18 -1) Cross reference —Rules of construction and definitions generally, § 1 -2. Sec. 14 -24. Garbage cans — Required. Garbage containers at each commercial estab- lishment within the village and at each multifam- ily dwelling which contains three (3) or more units shall provide dumpster -type garbage con- tainers which can be collected by village garbage vehicles using the dumpster collection method. (Code 1970, § 18 -23; Ord. No. 6 -75, § 1, 6- 12 -75) Sec. 14 -25. Same —To be kept covered. All commercial garbage cans shall be kept tightly covered at all times, except when neces- sary to lift the covers for the purpose of depositing garbage in the garbage can or for the purpose of emptying such garbage into a garbage truck. (Code 1970, § 18 -24) *Cross reference — Refuse disposal divisions, § 2 -85(e) Supp. No. 60 S91 Sec. 14 -26. Frequency of collection. § 14 -28 Commercial garbage shall be collected at least three (3) times a week, and with greater fre- quency and in such manner as shall be directed by the village manager. (Code 1970, § 18 -41) Sec. 14 -27. Charges — Generally. All property within the village which is im- proved by a structure for which a certificate of occupancy is issued after February first of any year and for which garbage and trash collections are made by the village shall pay the following fees for collection and disposal of garbage and trash during the remainder of that calendar year in which the certificate of occupancy is issued: (1) One- and two - family homes, four dollars and twenty -three cents ($4.23) per dwell- ing unit per month, or fraction thereof. (2) Dwellings of three (3) units or more, four dollars and twenty -three cents ($4.23) per unit per month, or fraction thereof. Where a dwelling of three (3) or more units is a condominium and the condominium asso- ciation or the developer of the condomin- ium notifies the director of public works, garbage and trash fees shall be billed to the individual owners of condominium units. (3) For commercial establishments, four dol- lars and twenty -three cents ($4.23) per month, or fraction thereof. (Code 1970, § 18 -49; Ord. No. 2 -74, § l; Ord. No. 2006 -24, § 2.E.1, 11 -9 -06) Sec. 14 -28. Same —Fee for excess amounts from commercial establishments. In the event any commercial establishment has more than two (2) cubic yards of garbage at any one (1) pickup, the occupant thereof shall pay one dollar ($1.00) per cubic yard for all garbage col- lected in excess of two (2) cubic yards. In the event any commercial establishment has more than six (6) cubic yards of garbage picked up during any § 14 -28 NORTH PALM BEACH CODE one (1) week, the occupant thereof shall pay one dollar ($1.00) per cubic yard for all garbage col- lected in excess of six (6) cubic yards per week. (Code 1970, § 18 -48) Sec. 14 -29. Same —When and where paid. All payments required by this division shall be made to the village by the fifteenth of the month for which service is rendered. All delinquent ac- counts are subject to stoppage of service without notice. If a delinquent account is not paid within thirty (30) days, the director of public works shall cease all refuse collection for that account unless otherwise directed by the village manager. Ser- vice shall be resumed thereafter only upon pay- ment of the accumulated fees for the period of collection and the period of noncollection unless the village manager specifically directs otherwise. The stoppage of service herein authorized for nonpayment of collection charges shall be in ad- dition to the right of the village to proceed for the collection of such unpaid charges in a manner provided by law. (Code 1970, § 18 -53; Ord. No. 2 -74, § 2; Ord. No. 2006 -24, § 2.E.2, 11 -9 -06) Sec. 14 -30. Commercial use property waste disposal fees and collection pro- cedures. (1) For purposes of this section, commercial use property shall include all property parcels in the village upon which a building exists with the exception of residential use property, village - owned property and other property used for gov- ernmental purposes. (2) Annual disposal fees for garbage and trash and all other refuse collected by the Village of North Palm Beach shall be charged as provided in the master fee schedule adopted annually as part of the village budget, except as otherwise stated. Occupancy category is as determined by the Palm Beach County Solid Waste Authority. Total square feet is as determined by the Palm Beach County Property Appraiser. (3) Waste disposal fees shall be due and pay- able to the village yearly in advance on October 1 of each year regardless of occupancy or use of the Supp. No. 60 S92 property charged. The fees shall be billed to the property owner of record as shown on the county tax rolls. Failure to pay the fees when due may result in the discontinuance of the waste removal service and/or the placing of a lien by the village council in the amount of the fees due against the property to which service is available, and/or action by the village code enforcement board. (4) The collection of garbage and trash by a private person, firm, or corporation hired for such purpose is prohibited except where dumpsters of greater than two - cubic -yard capacity are used. (Ord. No. 37 -90, § 1, 10- 25 -90; Ord. No. 34 -91, § 1, 11- 14 -91; Ord. No. 18 -92, § 1, 10- 22 -92; Ord. No. 19 -94, § 1, 10- 13 -94; Ord. No. 8 -96, § 1, 2 -8 -96; Ord. No. 3 -98, § 1, 1 -8 -98; Ord. No. 29 -2000, § 1, 9- 28 -00; Ord. No. 29 -2002, § 1, 10- 10 -02; Ord. No. 2006 -20, § 2, 9- 28 -06; Ord. No. 2006 -28, § 2, 12- 14 -06; Ord. No. 2007 -21, § 2, 12- 13 -07; Ord. No. 2008 -16, § 2, 10- 23 -08; Ord. No. 2014 -09, § 11, 9- 25 -14) Sec. 14 -31. Collection of residential yard waste. (a) Definition. For the purposes of this section, yard waste shall include grass clippings, leaves, shrub trimmings, palm fronds and tree limbs. Yard waste shall not include dirt, rocks and similar materials removed from property utilizing mechanical equipment or other waste resulting from land clearing activities. (b) Requirements for collection. (1) Loose yard waste. Loose yard waste, such as grass clippings and leaves, shall be placed in standard thirty -two (32) to fifty (50) gallon cans or sealed plastic bags, with each container weighing less than fifty (50) pounds. (2) Branches, tree limbs, shrub clippings and palm fronds. a. All branches, tree limbs, shrub clip- pings and palm fronds shall be cut into lengths not exceeding four (4) PLANNING AND DEVELOPMENT ARTICLE I. IN GENERAL Sec. 21 -01. Comprehensive plan— Adoption. Pursuant to the provisions of the "Local Gov- ernment Comprehensive Planning and Land De- velopment Regulation Act," F.S. section 163.161 et seq., the village hereby adopts the comprehen- sive plan of the village. A copy of the comprehen- sive plan of the village is attached to Ordinance No. 23 -89 and made a part thereof as exhibit A. (Ord. No. 23 -89, § 1, 11 -9 -89) Editor's note — Ordinance No. 23 -89, adopted Nov. 9, 1989, specifically amend this Code; hence, inclusion of § 1 as § 21 -01 was at the discretion of the editor. Exhibit A is not printed herein, but is on file and available for reference in the office of the village clerk. Sec. 21 -1. Same — Filing fees and costs for changes. (a) Enactment and authority. Pursuant to F.S. chapter 163, the village does hereby ordain and enact into law these additional requirements for amendments to the village comprehensive plan. (b) Jurisdiction. These regulations shall gov- ern all petitions to amend the village comprehen- sive plan. (c) Fees; application. All petitions to amend the village comprehensive plan shall be done by application to the village council. The application to the village council may be made by any owner of property located within the village. Such appli- cation shall be filed with the building department of the village, which shall transmit the same, together with all legal descriptions, ownership information, requested change to the comprehen- sive plan, etc., to the village council. Any such application must be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget together with a deposit of the estimated costs of the village in processing the application. Upon the village determining the actual costs, applicants shall pay the balance, if any, in full of such costs including advertising and cost of review by the village engineer prior to final consideration of the appli- cation. If the deposit exceeds actual costs, the balance shall be refunded to applicant. Supp. No. 60 1345 § 21 -2 (d) Advice of planning commission. Prior to considering an amendment to the comprehensive plan of the village, the village council shall seek the advice of the planning commission of the village. (Ord. No. 18 -87, § 1, 11- 12 -87; Ord. No. 06 -2001, § 2, 3- 22 -01; Ord. No. 2014 -09, § 13, 9- 25 -14) Editor's note — Ordinance No. 4 -86, § 1, adopted April 24, 1986, repealed former § 21 -1 which pertained to the intent to proceed under state regulations and derived from Ord. No. 6 -77, adopted April 28, 1977. Subsequently, § 1 of Ord. No. 18 -87, adopted Nov. 12, 1987, purported to amend the Code by adding thereto a new Ch. 41, §§ 41- 1 -41 -4. For purposes of classification the editor, at his discretion, has redesignated the substantive provisions of the ordinance as § 21 -1. Sec. 21 -2. Filing fees and costs for volun- tary annexation of land. (a) Enactment and authority. Pursuant to F.S. chapter 170, the village does hereby ordain and enact into law these additional requirements for annexation. (b) Jurisdiction. These regulations shall gov- ern all voluntary annexation of lands into the corporate limits of North Palm Beach hereafter. (c) Fees; application. All applications for vol- untary annexation of land to the village shall be done by application to the village council. The application to the village council may be made by any property owner of property contiguous to the village. Such application shall be filed with the building department of the village, which shall transmit the same, together with all legal descrip- tions, ownership information, etc., to the village council. Any such application must be accompa- nied by a filing fee of two hundred dollars ($200.00) together with a deposit of the estimated costs of the village in processing the application. Upon the village determining the actual costs, appli- cants shall pay the balance, if any, in full of such costs including advertising and cost of review by the village engineer prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant. § 21 -2 NORTH PALM BEACH CODE (d) Advice of planning commission. Prior to annexation, the village council shall seek the advice of the planning commission of the village as to the proposed annexation. (Ord. No. 19 -87, § 1, 11- 12 -87; Ord. No. 06 -2001, 3, 3- 22 -01) Editor's note — Section 1 of Ord. No. 19 -87, adopted Nov. 12, 1987, purported to amend the Code by adding thereto a new Ch. 40, §§ 40- 1 -40 -4. For purposes of classification, the editor, at his discretion, has redesignated the substantive provisions of the ordinance as § 21 -2. Sec. 21 -3. Public notice requirements for de- velopment applications and ap- provals. (a) Requirements. In addition to those require- ments imposed by state law, public notice shall be provided as set forth below: Number of calendar days prior to date of public hearing. '* The notice requirements for variances shall include all variances relating to the zoning code (chapter 45), the dock and waterway regulations (chapter 5), and the sign regulations (chapter 6). (b) Mailing requirements. (1) Contents. Unless otherwise required herein, mail notice of a public hearing shall contain the following information: a. 'Etle and substance of proposed or- dinance or development order; b. `nme, date and location of the public hearing; C. Location of the property affected by the application with reference to the nearest intersection of two (2) or more streets; Supp. No. 60 1346 d. Name, address and telephone num- ber of the office where additional information can be obtained; and e. Location and times where proposed ordinance or development order ap- plication may be reviewed. (2) All notices shall be provided by first -class mail, unless otherwise required by com- munity development director. Mail notice shall be postmarked no later than the minimum number of calendar days as required in subsection (a) above. (3) Mail for all privately initiated applica- tions shall be provided to all property Planning Commission/LPA/Zoning Board of Village Council Adjustment Mail* Newspaper* Post* Mail* Newspaper Post* Rezoning 10 7 15 10 Statutory 15 notice for or- dinance adoption Large -scale 10 7 15 10 Statutory 15 Comprehen- notice for or- sive Plan dinance Amendment adoption Small -scale 10 7 15 10 Statutory 15 Comprehen- notice for or- sive Plan dinance Amendment adoption Variance ** 7 7 10 N/A N/A N/A Planned Unit 10 7 15 10 Statutory 15 Development notice for or- dinance adoption Number of calendar days prior to date of public hearing. '* The notice requirements for variances shall include all variances relating to the zoning code (chapter 45), the dock and waterway regulations (chapter 5), and the sign regulations (chapter 6). (b) Mailing requirements. (1) Contents. Unless otherwise required herein, mail notice of a public hearing shall contain the following information: a. 'Etle and substance of proposed or- dinance or development order; b. `nme, date and location of the public hearing; C. Location of the property affected by the application with reference to the nearest intersection of two (2) or more streets; Supp. No. 60 1346 d. Name, address and telephone num- ber of the office where additional information can be obtained; and e. Location and times where proposed ordinance or development order ap- plication may be reviewed. (2) All notices shall be provided by first -class mail, unless otherwise required by com- munity development director. Mail notice shall be postmarked no later than the minimum number of calendar days as required in subsection (a) above. (3) Mail for all privately initiated applica- tions shall be provided to all property PLANNING AND DEVELOPMENT owners of record, excluding property owned by the applicant, within five hundred (500) Supp. No. 60 1346.1 § 21 -3 APPENDIX C ZONING* Page Article I. In General ....................... ............................... 2480.1 Sec. 45 -1. Short title ............. ............................... 2480.1 Sec. 45 -2. Definitions ............. ............................... 2480.1 Sec. 45 -3. Interpretation of provisions ............................ 2483 Sec. 45 -4. Conflict of provisions ... ............................... 2483 Sec. 45 -5. Changes and amendments ............................. 2483 Sec. 45 -6. Penalty for violation of provisions ...................... 2483 Secs. 45- 7- 45 -15. Reserved ...... ............................... 2484 Article II. Generally ........................ ............................... 2484 Sec. 45 -16. Division of village into districts; districts enumerated... 2484 Sec. 45 -16.1. Similar uses . ....... ............................... 2484 Sec. 45 -17. Official zoning map .... ............................... 2485 Sec. 45 -18. Boundary conflict interpretations ...................... 2486.1 Sec. 45 -19. Buildings and uses to conform to district regulations. .. 2486.1 Sec. 45 -20. Adult entertainment establishment .................... 2486.1 Sec. 45 -21. Telecommunications antenna and antenna towers...... 2486.5 Sec. 45 -22. Oceanfront land -Ocean setback ...................... 2487 Sec. 45 -23. Emergency generators required for automotive service stations . ............. ............................... 2487 Secs. 45- 24- 45 -26. Reserved ..... ............................... 2487 Article III. District Regulations ............ ............................... 2487 Sec. 45 -27. R -1 single - family dwelling district ..................... 2487 Sec. 45 -28. R -2 multiple - family dwelling district ................... 2490 Sec. 45 -29. Reserved ............. ............................... 2492 Sec. 45 -30. R -3 apartment dwelling district ....................... 2492 Sec. 45 -31. C -A commercial district ............................... 2493 Sec. 45 -31.1. CB commercial district .............................. 2498.1 Sec. 45 -32. C -1A limited commercial district ...................... 2502 Sec. 45 -32.1. CC Transitional commercial district .................. 2504.1 Sec. 45 -33. C -1 neighborhood commercial district .................. 2504.1 Sec. 45 -34. Commercial district ... ............................... 2504.4 Sec. 45 -34.1. C -3 regional business district ........................ 2504.6 Sec. 45 -35. Public district ......... ............................... 2509 Sec. 45 -35.1. Planned unit development . ......................... 2509 Sec. 45 -35.2. C -OS conservation and open space district............ 2510.2 Sec. 45 -35.3. Northlake Boulevard Overlay Zoning District (NBOZ). 2510.2 Sec. 45 -36. General provisions .... ............................... 2512 *Editor's note -The zoning ordinance of the village, and amendments thereof, are printed herein as set out in the 1970 Code of the village. Amendatory provisions adopted after August 14, 1969, the cut -off date for the 1970 Code, are cited in parentheses following the amended section. words appearing in brackets I I herein have been added by the editor for clarification, except that obviously misspelled words have been corrected without notation. Ordinances changing the zoning maps are not included herein. The zoning map referred to in this ordinance is not printed herein but is on file. The zoning ordinance of the village was included as Chapter 45 of 1970 Code, hence the prefix "45" to the section numbers. Cross references - Enforcement of App. C by code enforcement board, § 2 -171 et seq.; home occupations, § 17 -2; planning and development, Ch. 21; streets, sidewalks and public places, Ch. 24; appearance plan, App. A; subdivision regulations, App. B. Supp. No. 60 2479 NORTH PALM BEACH CODE Page Sec. 45 -37. Historic site overlay district ........................... 2512.10 Secs. 45- 38,45 -39. Reserved ...... ............................... 2515 Articles IV, V. Reserved .................... ............................... 2515 Secs. 45- 40- 45 -48. Reserved ..... ............................... 2515 Article VI. Amendments —Fees; Waiting Periods .......................... 2515 Sec. 45 -49. Applications for rezoning, etc . ........................ 2515 Sec. 45 -50. Application for variances ............................. 2516 Secs. 45- 51- 45 -59. Reserved ..... ............................... 2516 Article VII. Nonconforming Uses of Land and Structures ................ 2516 Sec. 45 -60. Intent ............................................... 2516 Sec. 45 -61. Extension and enlargement ........................... 2516 Sec. 45 -62. Nonconforming lots of record .......................... 2516.1 Sec. 45 -63. Nonconforming uses of land ........................... 2517 Sec. 45 -64. Nonconforming structures ............................ 2517 Sec. 45 -65. Nonconforming uses of structures or of structures and premises in combination .............................. 2518 Sec. 45 -66. Repairs and maintenance ............................. 2518 Sec. 45 -67. Temporary uses ....... ............................... 2518 Sec. 45 -68. Reserved ............. ............................... 2518 Supp. No. 60 2480 APPENDIX C— ZONING for which changes are sought, and the proposed alternate stan- dards. 4. A specific list describing any of the additional land uses listed in section 45- 34.1(10)b. for which the applicant is requesting ap- proval. 5. Any volunteered limiting condi- tions that could provide assur- ances that the development as proposed would further the in- tent and spirit of the C -3 dis- trict and the Comprehensive Plan. The site development plan, lists of alter- nate standards and additional land uses, and volunteered conditions should be sub- mitted in a format suitable for attach- ment to an ordinance approving the re- quests. Approval process: PUD applications under this section shall be forwarded along with recommendations from staff to the planning commission, which after holding a public hearing shall make a formal recommenda- tion of approval, partial approval, or disapproval. The village council shall also hold a public hearing and decide whether to approve, partially ap- prove, or disapprove the PUD appli- cation. Unless the application is dis- approved in full, this action shall be by ordinance. The applicant may then proceed to obtain all other needed development permits in accordance with the village's regulations. f. Applications abutting or crossing a municipal boundary: Any PUD ap- plication for property abutting or crossing the Lake Park town bound- ary shall meet all of the above re- quirements. In addition, to protect the interests of other C -3 landown- ers and the town, a decision on the PUD application shall be made by Supp. No. 60 2509 § 45 -35.1 the village council only at a joint meeting with the Lake Park Town Commission. (Ord. No. 5 -95, § l(Exh. A), 3- 23 -95; Ord. No. 18 -95, §§ 1, 2, 7- 13 -95; Ord. No. 1 -96, § 1, 1- 11 -96; Ord. No. 35 -96, § 1, 8- 22 -96; Ord. No. 1 -97, § 1, 1 -9 -97) Sec. 45 -35. Public district. Within any P public district, uses shall be restricted to those necessary or essential to the administration and operation of the village or any other governmental agency, including, but not limited, to village hall, recreation facilities, wa- terworks, pumping stations and sewage facilities. (Ord. No. 3 -82, § 1, 1- 28 -82) Sec. 45 -35.1. Planned unit development. 1. Statement of intent. A. The intent of this section is to provide, in the case of a commercial planned unit development consisting of one (1.0) or more acres, in the case of an industrial planned unit development consisting of one (1.0) or more acres, and in the case of a residential planned unit development of five (5) or more acres, an added degree of flexibility in the placement and interrela- tionship of the buildings and uses within the planned unit development, together with the implementation of new design concepts. At the same time the intensity of land use, density of population and amounts of light, air, access and required open space will be maintained for the zoning district in which the proposed proj- ect is to be located. The village council hereby determines that the regulations pertaining to intensity of land use, den- sity of population and required open space are the minimum requirements for the protection and promotion of the public health, safety and general welfare. Noth- ing herein should be construed as allow- ing deviation for uses other than those specified as permitted uses, nor any greater intensity of use or density of population nor any less required open space than § 45 -35.1 NORTH PALM BEACH CODE that which is specified in the this chapter acceptability of all factors and stan- for the zoning district in which a proposed dards evaluated in subsection IV(A). project is located. S. All dwelling unit sizes, parking cri- B. Subject to the foregoing statement of in- teria and building site coverage must tent, the village council may, in the case of meet the requirements of the zoning commercial, industrial and residential code for each type of proposed use. planned unit developments, allow for mi- 9. All land included for the purpose of nor modification of the provisions of this development within a planned unit chapter or other land development regu- development shall be owned or un- lations in accordance with the procedure der the unified control of the appli- set forth in subsections II, III, IV and V. cant for such zoning designation, II. Filing of application. whether the applicant is an individ- ual, partnership, corporation, trust A. Any person may file an application with or group of individuals, partner - the village council for minor modifications ships, trusts or corporations. The of the provisions of this chapter. This applicant shall present satisfactory application shall contain at least the fol- evidence of the unified control of the lowing: entire area by applicant within the 1. All application and review proce- proposed planned unit development dures shall comply with section 21- and shall state agreement that, if he 12, Changes to zoning ordinances proceeds with the proposed develop - and section 45 -49, Application for ment, he will: rezoning, of this Code. a. Do so in accordance with the 2. A statement listing and fully explain- officially approved development ing the specific modifications of the plan and such other conditions provisions of this chapter 45 which or modifications as may be at- are desired, as well as the purposes tached to the conditional use. for which the modifications are in- b. Provide agreements, covenants, tended. contracts, deed restrictions or 3. All application procedures for resi- sureties acceptable to the vil- dential planned unit developments lage council, both for comple- shall be as required by the subdivi- tion of the undertaking in ac- sion provisions of this Code. cordance with the adopted development plan, and also for 4. Compliance with the village compre- the continuing operation and hensive plan is required. maintenance of areas, func- 5. Land covered by the development tions and facilities which the plan shall be platted concurrently plan shows are not to be oper- with final approval of the develop- ated or maintained at general ment plan. public expense. 6. The fee for filing an application for a C. Bind his development succes- planned unit development shall be sors in title to any commit - established in the master fee sched- ments made under subsections uled adopted annually as part of the a. and b., preceding. village budget. 10. Any tract of land for which a planned 7. The final approved development plan unit development is made shall con - shall include the plat drawings and tain sufficient width, depth and front - necessary submittals demonstrating age on a public dedicated arterial or Supp. No. 60 2510 APPENDIX C— ZONING § 45 -35.1 major street or appropriate access mission shall consider, among other which will accommodate the pro- things: convenient routes for pedes- posed use and design. trian traffic, particularly of children; 11. In the event any building or struc- the relationship of the proposed proj- ture built under this section is de- ect to main traffic thoroughfares and stroyed or removed by or for any to street and road intersections; and, cause, said building or structure, if the general character and intensity replaced, shall be replaced with a of the existing and potential devel- building or structure of similar size opment of the neighborhood. In ad- and type not exceeding the dimen- dition, where appropriate, the com - sions of the original building or struc- mission shall determine that noise, ture. The developer shall include the vibration, odor, light, glare, heat, elec- appropriate deed restrictions and/or tromagnetic or radioactive radia- covenants so as to require replace- tion, or other external effects, from ment as outlined above. any source whatsoever which is con- nected with the proposed use, will 111. Referral to planning commission. The vil- not have a detrimental effect upon lage council shall refer each application for a neighboring property or the neigh - planned unit development to the planning com- boring area in general. mission for study and recommendation. 3. The location and height of buildings, IV. Action of planning committee [commis- the location, nature and height of Sion. ] walls and fences, and the nature and A. After a study of an application for a planned extent of landscaping of the site shall unit development and the required public be such that they will not hinder or hearing, the planning commission shall discourage the proper development make a recommendation to the village and use of adjacent land and build - council to approve, approve as modified, ings nor impair the value thereof. or reject the application based upon the 4. The standards of density and re- following standards: quired open space in the proposed 1. The proposed use or uses shall be of project are at least equal to those such location, size and character as required by this ordinance in the to be in harmony with the appropri- zoning district in which the proposed ate and orderly development of the project is to be located. zoning district in which situated and shall not be detrimental to the or- 5. There shall be no uses within the derly development of adjacent zon- proposed project which are not per - ing districts. mitted uses in the zoning district in 2. The location and size of the proposed which the proposed project is to be use or uses, the nature and intensity located. of the principal use and all accessory Exception: A mixed use occupancy may be uses, the site layout and its relation allowed if the existing zoning district us- to streets giving access to it, shall be age is commercial. The mixed usage occu- such that traffic to and from the use pancy shall only be residential and mer- or uses, and the assembly of persons cantile or residential and business. in connection therewith, will not be hazardous or inconvenient to the B. The commission may recommend such neighborhood nor conflict with the changes or modifications in the proposed normal traffic of the neighborhood. plan as are needed to achieve conformity In applying this standard, the com- to the standards as herein specified. The Supp. No. 60 2510.1 § 45 -35.1 NORTH PALM BEACH CODE reasons for the changes or modifications shall be included in the recommendation. C. The commission shall not recommend the project unless it finds that all of the stan- dards as herein specified have been met. If there are minor modifications to the provisions of this chapter, the commission may recommend its approval at the same time. It shall also, where it deems appro- priate and necessary, recommend to the village council those conditions to be im- posed upon the project, its operation, or both, that are needed to assure adherence to the aforesaid standards. V. Action of village council. The village council, upon the receipt from the planning commission of the report on the planned unit development and the minor modifications to the provisions of this chapter may, after the required public hearing, approve or reject such project and modifications, incorporating with an approval such conditions as the council deems appropriate. The approval shall be by ordinance. VI. Effect of approval of village council. The approval of the application by the village council shall allow the building official to issue a building permit in conformity with the application as ap- proved. This permit shall specify with particular- ity the exact modifications to the provisions of this chapter which have been approved. The holder of this permit may then proceed with his project in conformity with said permit. No deviations from the conditions of the permit shall be allowed except those which shall be in conformity with the basic provisions of this ordinance as they apply to the zoning district in which the project is located. VII. Public notice. Public notice of all hearings conducted in accordance with this section shall be provided as required by section 21 -3 of the village Code. (Ord. No. 23 -79, § 1, 10- 25 -79; Ord. No. 16 -87, § 1, 10- 22 -87; Ord. No. 2006 -05, § 1, 4- 13 -06; Ord. No. 2009 -16, § 6, 11- 12 -09; Ord. No. 2011 -10, § 2, 5- 26 -11; Ord. No. 2014 -09, § 14, 9- 25 -14) Sec. 45 -35.2. C-OS conservation and open space district. A. Intent. The intent of this section is to pro- vide for land uses and activities within land areas designated for the primary purpose of conserving or protecting natural resources of environmental quality. B. Uses permitted. Within any part of the C-OS conservation and open space district, no building, structure, land or water shall be used, except for one or more of the following uses: 1. Passive recreation. 2. Flood control. 3. Protection of quality or quantity of ground water or surface water. 4. Floodplain management. 5. Fisheries management. 6. Protection of vegetative community or wild- life habitats. 7. Residential and administrative buildings for the protection of the C-OS district. 8. Single - family dwellings with accessory buildings customarily incident thereto. a. Building height regulations. No main building shall exceed two (2) stories in height and no accessory building more than one (1) story. b. Building site area regulations. The minimum lot or building site for each single family dwelling shall be one (1) acre of upland area and have at least one (1) lot dimension, width or length, of a minimum of one hun- dred fifty (150) feet. C. Yard space regulation. No building or portion thereof shall occupy a position fifty (50) feet or less from the upland/wetland boundary of the property. C. Coastal zone protection. The Village of North Palm Beach adopts, by reference, the Palm Beach County Coastal Protection Ordinance No. 90 -2 in its entirety. (Ord. No. 20 -90, § 2, 6- 28 -90; Ord. No. 25 -90, § 1, 6- 28 -90; Ord. No. 24 -91, § 1, 7- 11 -91) Sec. 45 -35.3. Northlake Boulevard Overlay Zoning District (NBOZ). Article I Established. The Northlake Boulevard Overlay Zoning Dis- trict (NBOZ) shall consist of that portion of real Supp. No. 60 2510.2 APPENDIX C— ZONING properties within the village that front upon or are adjacent to Northlake Boulevard as indicated on the official zoning map. Article 2 Consistency With Comprehensive Land Use Plan Supp. No. 60 2510.2.1 § 45 -35.3 APPENDIX C— ZONING section to review the completed ap- plication and accompanying submit- tals. After completing the review of the application and fulfilling the pub- lic notice and hearing requirements set forth above, the planning com- mission shall take one of the follow- ing actions: i. Grant the certificate of appro- priateness with an immediate effective date; ii. Grant the certificate of appro- priateness with special modifi- cations and conditions; or iii. Deny the certificate of appropri- ateness. g. The planning commission shall make written findings and conclusions that specifically relate the criteria for granting certificates of appropriate- ness. All parties shall be given the opportunity to present evidence through documents, exhibits, testi- mony, or other means. All parties shall be given the opportunity to rebut evidence through cross -exam- ination or other means. h. The department shall record and keep records of all meetings. The records shall include the vote, absence, or abstention of each member upon each question, all official actions of the planning commission, and the find- ings and conclusions of the planning commission. All records shall be filed in the department. i. Any person aggrieved by a decision reached by the planning commission may appeal the decision to the vil- lage council. No work for which a certificate of appropriateness is required may be undertaken unless a certificate of appropriateness authorizing the work is conspicuously posted on the prop- erty where the work is to be per- formed. Supp. No. 60 2515 (Ord. No. 24 -90, § 1, 6- 28 -90) Cross reference — Alcoholic beverages, Ch. 3. Secs. 45 -38, 45 -39. Reserved. ARTICLES IV, V. RESERVED* Secs. 45- 40- 45 -48. Reserved. § 45 -49 ARTICLE VI. AMENDMENTS —FEES; WAITING PERIODS Sec. 45 -49. Applications for rezoning, etc. (1) All applications for rezoning and all appli- cations to amend, supplement, modify or repeal the boundaries, districts, regulations or restric- tions established by this chapter shall be done by application to the planning commission of the village. The application to the planning commis- sion may be made by any property owner or tenant or by a governmental office, department, board or bureau. Such applications shall be filed with the community development department of the village, which shall transmit the same, to- gether with all the plans, specifications, applica- tion blank and other papers pertaining to the application, to the planning commission. Any such application, except by a governmental agency, must be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget together with a deposit of the estimated cost of the village processing the application. Upon the village determining the actual costs, applicants shall pay the balance, if any, in full of such costs including advertising prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant. *Editor's note — Ordinance No. 6 -77, § 6, adopted April 28, 1977, repealed Art. IV, §§ 45- 40- 45 -43, and Art. V, §§ 45- 44- 45 -48, of App. C, which articles pertained to the zoning board of adjustment and the planning and zoning advisory board, both of which articles derived unchanged from the original zoning ordinance. For provisions concerning the planning commission and the board of adjustment, see Ch. 21, Arts. II and III. § 45 -49 NORTH PALM BEACH CODE (2) All applications to the planning commis- sion concerning rezoning shall be upon forms to be supplied by the community development de- partment. (3) Whenever, after review, investigation and hearing, any application for a change of district classification has been denied, an application for a like change cannot be reinstated for a period of at least one (1) year after said denial. (4) Public notice of all hearings shall be pro- vided as required by section 21 -3 of the village Code. (Ord. No. 15 -78, § 1, 6 -8 -78; Ord. No. 06 -2001, § 7, 3- 22 -01; Ord. No. 2009 -16, § 7, 11- 12 -09; Ord. No. 2014 -09, § 15, 9- 25 -14) Editor's note —A copy of the forms to be used are attached to Ord. No. 185 -68 as exhibit 1, from which ordinance section 45 -49 was derived. Sec. 45 -50. Application for variances. (1) All applications for variances to regula- tions or restrictions established by this ordinance shall be done by application to the board of adjustment of the village. The application to the board of adjustment may be made by any prop- erty owner or tenant or by a governmental office, department, board or bureau. Such applications shall be filed with the community development director of the village, who shall transmit the same, together with all the plans, specifications, application blank and other papers pertaining to the application, to the board of adjustment. Any such application, except by a governmental agency, must be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget. (2) All applications to the board of adjustment concerning variances shall be upon forms to be supplied by the community development depart- ment. (3) Public notice of all hearings shall be pro- vided as required by section 21 -3 of the village Code. (Ord. No. 6 -77, § 4, 4- 28 -77; Ord. No. 06 -2001, § 8, 3- 22 -01; Ord. No. 2009 -16, § 7, 11- 12 -09; Ord. No. 2014 -09, § 15, 9- 25 -14) Editor's note —A copy of the forms to be used are attached to ordinance No. 186 -68, as Exhibit 1, from which ordinance section 45 -50 was derived. Supp. No. 60 2516 Secs. 45- 51- 45 -59. Reserved. ARTICLE VII. NONCONFORMING USES OF LAND AND STRUCTURES Sec. 45 -60. Intent. (1) Within the districts established by this ordinance, or amendments that may later be adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regu- lated, or restricted under the terms of this ordi- nance or future amendments. (2) It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their continuation. Such uses are declared by this ordinance to be incompatible with permitted uses in the district involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited else- where in the same district. (Ord. No. 12 -75, § 1, 9- 11 -75) Sec. 45 -61. Extension and enlargement. (1) A nonconforming use of a structure, a non- conforming use of land, or a nonconforming use of structure and land shall not be extended or en- larged after passage of this ordinance by attach- ment on a building or premises of additional signs intended to be seen from off' the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. (2) To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was law- fully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Except that where demolition or removal of an existing building has been substantially APPENDIX C— ZONING begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construc- tion, provided that work shall be diligently car- ried on until completion of the building involved. (Ord. No. 12 -75, § 1, 9- 11 -75) Sec. 45 -62. Nonconforming lots of record. (1) In any district in which single - family dwell- ings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single - family dwelling and customary accessory buildings may be erected on any single lot of Supp. No. 60 2516.1 § 45 -62 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 -181 175.101 26 -17 50.041 2 -181 175.333 2 -162 50.051 2 -181 ch. 177 App. B, Art. T, 55.03 29 -5(a) § 36 -2 ch. 98 Ch. 10 App. B, Art. 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. T, 29 -5(b) § 36 -2, App. B, Art. 203.012(5)(b) 26 -51 T, § 36 -4 ch. 205 Ch. 17, Art. TT App. B, Art. II, 205.043(2), § 36 -16 205.043(3) 17 -24, 17 -25 App. B, Art. VT 205.053 17 -20 163.01 2 -4(f) 205.192 17 -22 163.161 et seq. 21 -01 210.03 17 -33 ch. 163.170, App. B, Art. II, ch. 212 26 -53 §163.3164(17) § 36 -10 215.473 2 -166 163.225(3)(a) -(c) 5 -86 222.17 5 -1 163.295 6 -150 ch. 252 Ch.8 163.3161 et seq. Ch. 21, Art. TT 8- 4(a)(2) 163.3177 21 -44 252.38 et seq. 8 -6 163.3178 6 -155 253.125 7 -19 21 -44 Ch. 280 2 -4 163.3180(12) 21 -48 280.04 2 -4 ch. 166 6 -16 286.011 2 -1 Ch. 24 Ch. 316 18 -20 Ord. No. 2478 § 3 316.008 Ch. 18 166.021 Ch. 17, Art. TT 316.1955, 316.1956 18 -37 166.221 17 -34 320.01(1) 14 -37 166.231 Ch. 26, Art. III ch. 327 Ch. 5 ch. 170 21 -2 327.02 5 -33 Supp. No. 60 2819 NORTH PALM BEACH CODE Section Section Section this Code Section this Code 19 -99 ch. 760 App. C, § 45 -2 335.065 App. B, Art. TV, 768.28 29 -12(d) § 36 -29.1 775.082, 775.083 2- 169(f) 337.29 29 -2 2 -255 337.401 29 -2, 29 -3 794.011 19 -31 29 -5(a), (e) 800.04 19 -31 29 -6(a) 827.071 19 -31 337.401(3) 28 -3 ch. 828 4 -13 337.403, 337.404 29 -7 ch. 847 App. C, § 45 -20 342.03 Ch.5 847.0145 19 -31 362.01 29 -2 870.041 8 -21 364.02 29 -3 870.44 8 -22 ch. 373 19 -200 870.45 8 -22 ch. 380 21 -44 872.05 2 -104 App. B, Art. 11, 893.03 45 -36 § 36 -10 893.035 45 -36 380.04 21 -103 893.0356 45 -36 393 App. C, § 45 -2 943.10(6) 2 -159 ch. 394 App. C, § 45 -2 943.10(8) 2 -159 ch. 395 App. C, § 45 -36 943.14 2 -159 ch. 400 App. C, § 45 -2 943.25(13) 1 -9 ch. 401 11.5 -21 ch. 402 App. C, § 45 -2 App. C, § 45 -34.1 402.302(4), 402.302(5) 17 -33 413.08 4 -27(d) ch. 419 17 -33 App. C, § 45 -2 ch. 458 App. C, § 45 -36 ch. 459 App. C, § 45 -36 471.003 29- 8(c)(1) ch. 472 App. B, Art. 1, § 36 -6 ch. 480 App. C, § 45 -2 ch. 495 1 -10 ch. 553 6 -16 553.73 11 -11 553.73(2) 6 -2 553.775 6 -18 561.01 3 -1 561.01 et seq. Ch. 3 563.01 3 -1 564.01 3 -1 565.01 3 -1 628.901 29 -12(d) 633.35 2 -159 633.025 12 -16 633.0215 12 -16 ch. 650 Ch. 2, Art. V, Div. 2 2 -136 650.02 2 -136 658.12 2 -4 (The next page is 28691 Supp. No. 60 2820 CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 2011 -11 6 -23 -11 2 5 -84(5) Added 5- 84(13) 2011 -14 7 -14 -11 2 Rpid 2 -116 2011 -18 9 -22 -11 2 8 -5 3 19 -183 2011 -19 10 -13 -11 2 21- 70(a)(1),(2) 3 2 -173 2011 -21 11 -10 -11 2 1 -9(b) 3 2 -40(a) 2- 41(a), (c) Ch. 2, Art. III Div. 5, title 2 -75, 2 -76 Added 2- 81 -2 -83 Rnbd Ch. 2, Art. III Divs. 6 -10 as Ch. 2, Art. III Divs. 7 -11 4 4 -5 4 -12(b) 5 4 -29(b) 4 -30(d) 6 4 -44(a) 7 5 -17 5 -19 5- 20 -5 -22 8 8- 22(a), (e) 9 9 -2(b) 10 11.5 -21 11 12 -18(a) 12 Rpid 12- 29 -12 -32 12- 39 -12 -43 12- 51 -12 -56 13 12- 10212 -105 14 14 -31(c) 15 18- 19(b), (b)(4) 16 19- 116(a) 19- 117(b), (b)(3) 17 19- 185(c), (c)(2) 19- 186(b) 18 19 -207 19- 209(a) 19- 210(d), (e) 19 -211 19 -213 19- 215(a), (c) 19 -217 19 20 -5(2) 20 -6(1) 20 23 -42 23 -45 23 -48 2011 -22 12- 8 -11 2 2-159(a), (b) 3 2- 161(h) Added 2- 161(i) 4 2- 170(2) Added 2- 170(3) Supp. No. 60 2893 NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code 2012 -02 3- 8 -12 2 6-17,6-18 3 6- 57 -6 -60 4 6- 111(G), (1) 6- 117(C), (J) 5 Rpld 6 -150 6 Rpld 6- 150 -6 -156 2012 -03 3 -22 -12 2 App. C, § 45 -2 3 Added App. C, § 45 -27G. 4 Added App. C, § 45 -28H. 2012 -04 5 -10 -12 2 2 -4(f) 2012 -06 7 -26 -12 2 Added 17- 71 -17 -74 2012 -07 7 -26 -12 2 App. C, § 45 -35.3, 4-1A 3 App. C, § 45 -35.3, 4 -2 4 App. C, § 45 -35.3, 4 -3 2012 -08 8- 9 -12 2 Added 17- 40 -17 -45 2013 -02 2 -14 -13 2 Rpld 5 -26 2013 -04 4 -25 -13 2 Rpld 19 -99 -19 -120 Added 19 -99 -19 -106 2013 -07 4 -11 -13 2 2 -4(d), 2 -4(f) (g), (h) 2 -4(p) 2013 -09 5 -23 -13 2 Added 6- 114(C) Rnbd 6- 114(C) —(E) as 6- 114(D) —(E) 6- 114(D) Added 6- 114(E)(2)e. Rnbd 6- 114(E)(2)e. as 6- 114(E)(2)f. 2013 -14 9 -26 -13 2 Added Ch. 8, Art. 111, § 8 -31 2014 -01 1 -23 -14 2 App. C, § 45 -36 D. Added D -2. 2014 -02 3 -27 -14 2 5- 84(6)a. 2014 -03 4 -10 -14 2 1 -8 2014 -05 6 -26 -14 2 App. C, § 45 -33 A.3. 2014 -06 7 -24 -14 2 App. C, § 45 -27 E. App. C, § 45 -28 E.2. -4. App. C, § 45 -30 E.1. App. C, § 45 -31 G, H.1. App. C, § 45 -31.1 G, H.1. App. C, § 45 -32 E.7. 2014 -07 8 -14 -14 2 4 -1 Added 4 -13 2014 -09 9 -25 -14 11 14 -30(2) 12 6- 111(E)(3) 13 21 -1(c) 14 App. C, § 45 -35.1 H.A.6. 15 App. C, §§ 45- 49(1), 45 -50(1) 2014 -11 9 -25 -14 2 2- 159(b) 3 2- 161(a)(2) 4 2- 163(a)(1) Supp. No. 60 2894 Ord. No. 2014 -13 2014 -14 CODE COMPARATIVE TABLE Adoption Section Date Section this Code 12 -11 -14 2 Added Ch. 6, Art. IV, §§ 6- 72-6-86 12 -11 -14 2 2 -4 (The next page is 29331 Supp. No. 60 2895 CODE INDEX Supp. No. 60 2937 Section Section B BOATS, DOCKS AND WATERWAYS (Cont'd.) Permit fee ......................... 5 -72 BATHING Specificationsf ....... spec ..... 5 -71 Diseased persons prohibited from bathing plans Submission plans and c. in public pools, etc . ................ 19 -3 tions ......................... . .. ...... 5 -70 BICYCLES Canals Park regulations ........................ 20 -6 Canal crossings.................... 5 -60 Subdivisions, required improvements re Compliance with provisions required 5 -56 bikeways .......................... 36 -29.1 Drainage canals................... 5 -59 General requirements .............. 5 -57 BILLBOARDS. See: SIGNS AND BILL- Navigation canals .................. 5 -58 BOARDS Surety bond prerequisite to issuance BIRDS. See: ANIMALS AND FOWL of building permit in certain cases ......................... 5 -61 BLOCKS Docks and piers Subdivision design standards............ 36 -18 Construction in waters other than BOARDS, COMMITTEES AND COMMIS- Lake Worth and Atlantic Ocean, SIONS. See: DEPARTMENTS AND regulations governing ......... 5 -84 OTHER AGENCIES OF VILLAGE Definitions ........................ 5 -81 Generally ......................... 5 -82 BOATS, DOCKS AND WATERWAYS Lake Worth and Atlantic Ocean, reg- Abandoned boats ....................... 5 -8 ulations governing construction Abatement of public nuisances on pri- in ............................ 5 -85 vate property ................... 14 -79 et seq. Minimum design requirements...... 5 -83 Anchoring and mooring Variances ......................... 5 -86 Mooring limitations in lagoons (private Erosion control structures docks ) .......................... 5 -16 Construction ...................... Unlawfully anchored or moored vessels Control ........................... 5 -96 Claiming of vessel by owner; payment Definitions ........................ 5 -93 of costs ....................... 5 -23 Permitted, when ................... 5 -94 Department of law enforcement to Piers. See within this subheading: Docks impound ..................... 5 -19 and Piers Owner to be notified upon impound- Seawalls. See within this subheading: ment ......................... 5-20 Bulkheads and Seawalls Procedure in event owner cannot be Definitions ............................. 5 -1 found ........................ 5 -21 Disturbing other boats............... Reclamation of owner after sale..... 5 -24 Exhibition boats exempted from certain Unclaimed vessel to be sold; certifica- tion of sale ................... 5 -22 restrictions.. ....... ........... 5 -4 board boats violat- Authority of village to b oard Flood damage prevention provisions...... 12.5 -1 et seq. ing chapter...... ............ 5 -17 See: FLOOD DAMAGE PREVENTION Boat launching area Health and sanitation requirements Abandoned boats and equipment Cleanliness of docks .................. 5 -11 Disposition ........................ 5-36 Observance of village health and con- Recovery Recove 5 -37 duct rules ....................... 5 -10 Designated; use restricted ............. 5 -33 Pollution of waterways................ 5 -13 Permits required Refuse disposal ....................... 5 -12 Boats remaining for more that 24 Live aboard boats hours ........................ 5 -35 Living aboard boats restricted......... 5 -15 Repairs prohibited .................... 5 -34 Occupancy of in village waterways..... 5 -25 Vehicle/trailer parking in designated ar- Marine sanctuaries eas ............................. 5 -35 Designation of waters as marine sanctu- Violation; penalty .................... 5 -38 aries Bulkhead lines ......................... 7 -1 et seq. Area to be regulated ............... 5- 101(c) See: BULKHEAD LINES Areas designated .................. 5- 101(b) Code enforcement, applicability re ....... 2 -173 Construction of provision ........... 5- 101(d) Construction requirements Definition ......................... 5- 101(a) Bulkheads and seawalls Mooring, docking, or beaching of boats on Compliance with provisions required 5 -69 public or private property without Inspection required ................ 5 -73 permission ........................ 5 -9 Supp. No. 60 2937 NORTH PALM BEACH CODE Supp. No. 60 2938 Section Section BOATS, DOCKS AND WATERWAYS (Cont'd.) BUILDINGS (Cont'd.) Noise control Intent and purposes .................. 6 -32 Radios or other mechanical sound -mak- Planning commission, powers and du- ing devices or instruments in ves- ties re .......................... 6 -36 sels, operation of ................ 19 -103 Short title ........................... 6 -30 Parking Appearance plan (Appendix A). See that Boating equipment; parking on residen- subject tial property restricted........... 18 -35 Code enforcement, applicability re ....... 2 -173 Prohibited parking upon right -of -way of Codes specific roadways ................ 18 -34.1 Appearance code. See herein that sub - Running engines, hours in residential dis- ject tricts .............................. 5 -14 Building code ........................ 6 -17 Searchlights, use of ..................... 5 -7 Electrical code ....................... 11 -11, 11 -12 Speed limits; wakes ..................... 5 -2 Eire prevention code.................. 12 -16 et seq. Subdivision provisions re waterways ..... 36 -22 et seq. Housing code ......................... 15 -1, 15 -2 See: SUBDIVISIONS (Appendix B) Country club ........................... 9 -1 et seq. Swimming in restricted waters .......... 5 -3 See: COUNTRY CLUB Water skiing ............................ 5 -5 Electrical code.......................... 11 -11, 11 -12 Waterways board ....................... 5 -102 et seq. Flood damage prevention................ 12.5 -1 et seq. See: FLOOD DAMAGE PREVENTION BONDS Housing code ........................... 15 -1, 15 -2 Administrative code; bonds required of cer- Landscaping 27 -31 et seq. tain officers ........................ 2 -42 See: LANDSCAPING Canal construction; surety bond prerequi- Minimum construction standards site to issuance of building permit... 5 -61 Authority 6 -16 Finance director, duties re ............... 2 -59(7) Codes adopted ....................... 6 -17 Village manager ........................ 2 -117 Construction board of adjustment and BRUSH. See: WEEDS AND BRUSH appeals ......................... 6 -18 Appointment ...................... 6 -18(a) BUILDINGS Membership ....................... 6 -18(b) Abatement of unsafe or unsanitary build- Powers ............................ 6 -18(f) ings Appeals ......................... 6- 18(f)(1) Appeal .............................. 6 -81 Variances ....................... 6- 18(f)(2) Authority to expend funds ............ 6 -85 Procedures ........................ 6 -18(g) Enforcement and right of entry........ 6 -74 Quorum and voting 6 -18(d) Hearing ............................. 6 -79 Secretary to the board.............. 6 -18(e) Implementation ...................... 6 -80 Terms ............................. 6 -18(c) Inspection ........................... 6 -75 Violations and penalty ................ 6 -19 Lien, imposition of ................... 6 -84 Missiles, throwing 19 -83 Performance of work .................. 6 -82 Obstructing passageway wa 19 -47 Placard posting ...................... 6 -78 Outdoor displays. See herein: Signs and Provisions supplemental .............. 6 -86 Outdoor Displays Purpose and scope .................... 6 -72 Park and recreation facilities; erecting build - Recovery of costs ..................... 6 -83 ings or structures.................. 20 -3 Service of notice of violation........... 6 -77 Public land, construction on prohibited ... 6 -1 Unsafe or unsanitary buildings and struc- Signs and outdoors displays ............. 6 -110 et seq. tures ........................... 6 -73 See: SIGNS AND BILLBOARDS Violations ............................ 6 -76 Smoke, dust, odors, liquids, etc........... 19 -9 Appearance code Spitting in public places prohibited....... 19 -5 Appeals and review ................... 6 -35 Stormwater management; level of finished Appearance plan ..................... 6 -33 floor of structures.................. 21 -63 Certificate of appropriateness Subdivision regulations ................. 36 -1 et seq. Final hearings ..................... 6 -57 See: SUBDIVISIONS (Appendix B) Follow -up by community develop- Swimming pools ........................ 25 -1 et seq. ment department ............. 6 -60 See: SWIMMING POOLS Planning commission 'Zoning regulations ...................... 45 -1 et seq. Action of ........................ 6 -58 See: 'ZONING (Appendix C) Approval by ..................... 6 -59 Preliminary consideration .......... 6 -56 BULKHEAD LINES Definition ............................ 6 -31 Code enforcement, applicability re ....... 2 -173 Supp. No. 60 2938 CODE INDEX Supp. No. 60 2938.1 Section Section BULKHEAD LINES (Cont'd.) Established; designated ................. 7 -1 Filling operation beyond bulkhead line pro - hibited ............................ 7 -2 Filling permit Application fees ...................... 7 -19 Application; issuance ................. 7 -18 Expiration date; renewal; revocation ... 7 -20 Public hearing prerequisite to consider- ation ........................... 7 -17 Required ............................. 7 -16 Unlawful fill; removal ................... 7 -3 BULKHEADS Bulkheads and seawalls, construction re- quirements re ..................... 5 -69 et seq. See: BOATS, DOCKS AND WATER- WAYS BUSINESS ADVISORY BOARD Composition; terms; vacancies Alternate members ................... 17 -72(d) Composition ......................... 17 -72(a) Initial terms ......................... 17 -72(b) Subsequent terms .................... 17 -72(c) Created . ............................... 17 -71 Mission; duties ......................... 17 -74 Organization ........................... 17 -73 BUSINESS REGULATIONS Ambulances ............................ 17 -50, 17 -51 Supp. No. 60 2938.1 Section