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Pages Replaced by Supplement #60TABLE OF CONTENTS Page Officials of the Village ........ ............................... iii Preface...................... ............................... v Adopting Ordinance .......... ............................... vii Readopting Ordinance ........ ............................... x.i Checklist of Up -to -Date Pages . ............................... [1] Supplement History Table .... ............................... SH:1 PART I CHARTER Charter...................... ...........................:... 1 Art. I. Corporate Name .............................. 3 Art. I.A. Vision Statement ........................... 3 Art. II. Territorial Boundaries ....................... 5 Art. III. Legislative .. ............................... 10.5 Art. IV. Administrative .............................. 15 Art. V. Qualifications and Elections .................. 17 Art. VI. Transition Schedule ......................... 18 Charter Comparative Table ... ............................... 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ........ ............................... 77 2. Administration ........... ............................... 133 Art. I. In General .... ............................... 135 Art. II. Council ...... ............................... 137 Div. 1. Generally ............................... 137 Div. 2. Rules of Procedure ...................... 138 Art. III. Administrative Code ........................ 138.1 Div. 1. Generally ............................... 138.1 Div. 2. Audit Committee ........................ 139 Div. 3. Department of Finance ................... 140 Div. 4. Department of Records ................... 140.1 Div. 5. Department of Law Enforcement (Police De- partment) ............................... 141 Div. 6. Fire Rescue Department .................. 141 Div. 7. Department of Public Works .............. 142 Div. 8. Department of Library ................... 142 Div. 9. Department of Country Club ............. 143 Div. 10. Department of Recreation ............... 143 Supp. No. 59 xi NORTH PALM BEACH CODE Chapter Page Div. 11. Department of Community Development . 143 Art. IV Manager .... ............................... 144 Art. V. Pensions and Retirement Systems ............ 144 Div. 1. Generally ............................... 144 Div. 2. Social Security ........................... 144 Div. 3. Pension and Certain Other Benefits for Gen- 388 Art. VI. Reserved .... ............................... eral Employees .......................... 145 Div. 4. Pension and Certain Other Benefits for Fire 453 Art. I. In General .... ............................... and Police Employees .................... 153 Div. 5. Length of Service Award Plan for Volunteer 507 Art. I. In General .... ............................... Firefighters ............................. 164 Div. 6. ICMA Defined Contribution Pension Plan.. 164.1 Art. VI. Code Enforcement .......................... 164.2 Art. VII. Alternate Method of Code Enforcement...... 169 3. Alcoholic Beverages ....... ............................... 211 4. Animals and Fowl ........ ............................... 263 Art. I. In General .... ............................... 265 Art. II. Dogs and Cats .............................. 267 Art. III. Rabies Control ............................. 269 5. Boats, Docks and Waterways ............................. 319 Art. I. In General .... ............................... 321 Art. II. Boat Launching Area ........................ 325 Art. III. Construction Requirements ................. 326 Div. 1. Generally ............................... 326 Div. 2. Canals ... ............................... 326 Div. 3. Bulkheads and Seawalls .................. 327 Div. 4. Docks and Piers ......................... 328 Div. 5. Erosion Control Structures ............... 333 Art. IV. Marine Sanctuaries ......................... 333 Art. V. Waterways Board ............................ 334 6. Buildings and Building Regulations ....................... 381 Art. I. In General .... ............................... 383 Art. II. Minimum Construction Standards ............ 383 Art. III. Appearance Code ........................... 385 Div. 1. Generally ............................... 385 Div. 2. Reserved . ............................... 387 Div. 3. Certificate of Appropriateness ............. 387 Art. IV. Reserved .... ............................... 388 Art. V. Signs and Outdoor Displays .................. 388 Art. VI. Reserved .... ............................... 401 Art. VII. Reserved ... ............................... 401 7. Bulkhead Lines ........... ............................... 453 Art. I. In General .... ............................... 455 Art. II. Filling Permit ............................... 455 8. Emergency Management .. ............................... 507 Art. I. In General .... ............................... 509 Supp. No. 59 3di TABLE OF CONTENTS—Contd. Chapter Electricity .............................................. Page Art. II. Civil Disorders and Disturbances ............. 510 Art. III. Exempt Employee Emergency Duty.......... 511 9. Country Club ............. ............................... 559 Art. I. In General .... ............................... 561 Art. II. Golf Advisory Board ......................... 562 Art. III. Finances .... ............................... 563 10. Elections ................ ............................... 615 Art. I. In General .... ............................... 617 Art. II. Reserved .... ............................... 618 Art. III. Reserved .... ............................... 618 Art. IV. Polling Locations ........................... 618 11. Electricity .............................................. 671 Art. I. In General .... ............................... 673 Art. II. Electrical Code .............................. 673 11.5. Emergency Service ..... ............................... 695 Art. I. In General .... ............................... 697 Art. II. Emergency Medical Services ................. 697 12. Fire Prevention and Protection .......................... 723 Art. I. In General .... ............................... 725 Art. II. Florida Fire Prevention Code ................. 725 Art. III. Reserved .............. ............. .... 726 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances ........... 726 12.5 Flood Damage Prevention .............................. 777 Art. I. In General .... ............................... 779 Art. II. Administration .............................. 783 Art. III. Provisions for Flood Hazard Reduction ....... 786 13. Reserved ................ ............................... 839 14. Health and Sanitation ... ............................... 889 Art. I. In General .... ............................... 891 Art. II. Garbage, Trash and Refuse .................. 891 Div. 1. Generally ............................... 891 Div. 2. Garbage Collection and Disposal .......... 891 Div. 3. Reserved . ............................... 893 Art. III. Reserved .... ............................... 894 Art. IV. Abatement of Public Nuisances on Private Prop - erty........................................ 894 15. Housing ................ ............................... 945 Art. I. In General .... ............................... 947 Art. II. Abandoned Real Property .................... 949 16. Library ................. ............................... 997 Art. I. In General .... ............................... 999 Art. II. Library Board ............................... 999 Supp. No. 59 xiii NORTH PALM BEACH CODE Chapter Page 17. Licenses and Miscellaneous Business Regulations......... 1051 Art. I. In General.' ... ............................... 1053 1345 Art. II. Local Business Tax .......................... 1057 II. Planning Commission ....................... Art. III. Businesses Located Outside Village Limits ... 1060.4 Art. Art. IV. Simulated Gambling Devices ................ 1063 Art. V. Ambulances .. ............................... 1065 1350 Art. VI. Garage and Other Sales ..................... 1066 V. Stormwater Management .................... Art. VII. Business Advisory Board ................... 1066 17.5 Reserved ............... ............................... 1121 18. Motor Vehicles and Traffic ............................... 1171 23. Art. I. In General ............................... 1173 1463 Art. II. Operation of Vehicles Generally .............. 1173 I. In General .... ............................... Art. III. Stopping, Standing and Parking ............. 1175 19. Offenses and Miscellaneous Provisions ................... 1225 Art. I. In General .... ............................... 1227 1465 Art. II. Sexual Offenders and Sexual Predators ....... 1228 Sidewalks and Public Places ..................... Art. III. Offenses Against Property ................... 1228.1 Art. Art. IV Offenses Against Public Morals .............. 1228.1 Art. V. Offenses Against Public Peace ................. 1229 Art. VI. Noise Control .............................. 1229 Art. VII. Reserved ... ............................... 1232 Art. VIII. Weapons .. ............................... 1232 Art. IX. Water Shortage Emergencies ................ 1237 Art. X. Alarms ...... ............................... 1238 Art. XI. Wellfield Protection ......................... 1242 20. Parks, Playgrounds and Recreation ...................... 1289 Art. I. In General .... ............................... 1291 Art. II. Meetings and Gatherings .................... 1292 Div. 1. Generally ............................... 1292 Div. 2. Permit ... ............................... 1292 Art. III. Recreation Advisory Board .................. 1293 21. Planning and Development .............................. 1343 Art. I. In General ................................... 1345 Art. II. Planning Commission ....................... 1347 Art. III. Board of Adjustment............ ......... 1348 Art. IV. Concurrency Management ................... 1350 Art. V. Stormwater Management .................... 1363 Art. VI. Archaeological Site Protection Regulations ... 1366.1 22. Reserved ................ ............................... 1411 23. Police ................... ............................... 1463 Art. I. In General .... ............................... 1465 Art. II. Reserved .... ............................... 1465 Art. III. Reserve Force .............................. 1465 24. Streets, Sidewalks and Public Places ..................... 1517 Art. I. In General .... ............................... 1519 Supp. No. 59 xiv TABLE OF CONTENTS= Cont'd. Chapter 2353 Page 2355 Art. II. Excavations .. ............................... 1519 2365 Art. IV. Required Improvements ..................... Div. 1. Generally ............................... 1519 2372 Art. VI. Amendments ............................... Div. 2. Permit ... ............................... 1520 2379 Art. III. Sidewalks and Driveways ................... 1520 2480.1 Art. II. Generally .... ............................... Div. 1. Generally ............................... 1520 2487 Arts. IV, V. Reserved . ............................... Div. 2. Permits .. ............................... 1523 25. Swimming Pools ......... ............................... 1573 D. Franchises ............... ............................... Art. I. In General .... ............................... 1575 Art. II. Reserved .... ............................... 1575 Art. III. Reserved .... ............................... 1576 26. Taxation ................ ............................... 1627 Art. I. In General .... ............................... 1629 Art. II. Insurance Excise Taxes ...................... 1629 Art. III. Utility Tax .. ............................... 1629 Art. IV. Telecommunications Service Tax ............. 1630 27. Trees and Shrubbery ..... ............................... 1681 Art. I. In General .... ............................... 1683 Art. II. Trees in Swale Areas ........................ 1683 Art. III. Landscaping ............................... 1684 Div. 1. Generally ............................... 1684 Div. 2. Reserved . ............................... 1686 Div. 3. Requirements for Certain Yard Areas, Off - Street Parking and Other Vehicular Use Areas ................................... 1686 28. Use of Rights -of -Way for Utilities ........................ 1739 29. Telecommunications ..... ............................... 1781 Appendices A. Appearance Plan ......... ............................... 2043 B. Subdivisions ............. ............................... 2353 Art. I. In General .... ............................... 2355 Art. II. Procedures for Subdivision Plat Approval ..... 2358 Art. III. Design Standards .......................... 2365 Art. IV. Required Improvements ..................... 2368.1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Amendments ............................... 2378 Art. VII. Legal Status ............................... 2379 C. Zoning ................... ............................... 2479 Art. I. In General .... ............................... 2480.1 Art. II. Generally .... ............................... 2484 Art. III. District Regulations ........................ 2487 Arts. IV, V. Reserved . ............................... 2515 Art. VI. Amendments —Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises ............... ............................... 2619 Supp. No. 59 xv NORTH PALM BEACH CODE i 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 CodeIndex .................. ............................... 2935 Supp. No. 59 xvi C) Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page- for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up -to -date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up -to -date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 56 13,14 25 iii 1 15, 16 33 V, vi OC 16.1 33 vii, viii OC 17, 18 25 ix OC 19 25 x.i, x.ii 1 65 53 x.iii 1 77 OC xi, xii 59 79,80 OC xiii, xiv 59 81,82 58 xv, xvi 59 83 58 SH:1, SH:2 59 133 52 1 25 134.1, 134.2 34 3,4 25 134.3, 134.4 39 5,6 25 134.5, 134.6 55 7,8 25 135, 136 55 9, 10 29 137, 138 55 10.1, 10.2 53 138.1, 138.2 52 10.3, 10.4 53 138.3 30 10.5, 10.6 53 139, 140 34 10.7 53 140.1, 140.2 28 11, 12 25 141, 142 52 Supp. No. 59 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 143,144 52 332.1 58 144.1 52 333,334 45 145,146 47 335 45 147, 148 47 381 53 149, 150 47 383,384 53 151,152 47 385,386 53 152.1, 152.2 47 387,388 53 152.3, 152.4 47 389,390 53 153, 154 52 391,392 53 154.1, 154.2 52 393,394 56 154.3 52 395,396 56 155, 156 46 397,398 56 157, 158 52 398.1 56 158.1, 158.2 52 398.15, 398.16 40 159, 160 46 399,400 53 161, 162 46 401 53 162.1, 162.2 46 453 OC 163,164 52 455,456 22 164.1, 164.2 52 507 57 164.3 52 509,510 57 } 165, 166 48 511,512 57 167, 168 48 559 36 169, 170 48 561,562 52 211 OC 563 40 213,214 19 615 36 263 59 617,618 36 265,266 59 671 2 266.1 59 673 24 267,268 52 695 13 269 52 697 52 319 29 723 52 321,322 46 725,726 52 323,324 52 727 52 325,326 55 777 OC 326.1 46 779,780 OC 327,328 27 781,782 OC 329,330 58 783,784 OC 331,332 58 785,786 OC [2] Supp. No. 59 1 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 787,788 OC 1233 55 789 OC 1237, 1238 52 839 OC 1239, 1240 52 889 39 1241,1242 52 891,892 40 1289 52 893,894 52 1291, 1292 52 895 50 1293,1294 29 945 41 1295 29 947,948 49 1343 4 948.1 49 1345, 1346 45 949,950 41 1347, 1348 45 951 41 1349,1350 45 997 OC 1350.1, 1350.2 45 999, 1000 22 1351, 1352 33 1051 54 1353,1354 33 1053, 1054 31 1355, 1356 33 1054.1, 1054.2 31 1356.1 33 1054.3, 1054.4 31 1357, 1358 OC 1055, 1056 36 1359, 1360 33 1057, 1058 33 1361, 1362 33 1059, 1060 33 1363, 1364 52 1060.1, 1060.2 43 1364.1 52 1060.3, 1060.4 43 1365, 1366 33 1060.5 43 1366.1, 1366.2 52 1061, 1062 8 1366.3, 1366.4 33 1063, 1064 54 1367 5 1065, 1066 54 1411 OC 1067 54 1463 OC 1121 OC 1465, 1466 52 1171 OC 1517 OC 1173, 1174 52 1519, 1520 OC 1175, 1176 36 1521, 1522 47 1177 36 1523 47 1225 31 1573 24 1227, 1228 37 1575, 1576 29 1228.1 37 1627 9 1229, 1230 55 1629, 1630 27 1231,1232 55 1631 27 Supp. No. 59 [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1681 OC 2377, 2378 33 1683,1684 33 2379 33 1684.1, 1684.2 24 2479 9 1685, 1686 OC 2480.1, 2480.2 50 1687, 1688 17 2481, 2482 53 1689, 1690 17 2483, 2484 53 1739 14 2485 53 1741, 1742 21 2486.1, 2486.2 41 1781 21 2486.3, 2486.4 41 1783, 1784 21 2486.5, 2486.6 41 1785, 1786 33 2487, 2488 59 1787, 1788 33 2489, 2490 59 1788.1 33 2491, 2492 59 1789, 1790 21 2493, 2494 59 1791, 1792 21 2495, 2496 59 1793, 1794 21 2497, 2498 59 1795, 1796 21 2499, 2500 59 2043 OC 2501, 2502 59 2045, 2046 33 2503, 2504 59 1 2046.1 25 2504.1, 2504.2 59 2047, 2048 OC 2504.3, 2504.4 59 2049, 2050 OC 2504.5, 2504.6 59 2051, 2052 OC 2504.7, 2504.8 59 2053 OC 2505, 2506 10 2353 OC 2507, 2508 13 2355, 2356 OC 2509, 2510 51 2357, 2358 33 2510.1, 2510.2 51 2359, 2360 33 2510.2.1 45 2361, 2362 33 2510.3, 2510.4 54 2363, 2364 33 2510.5, 2510.6 54 2364.1 33 2510.7, 2510.8 54 2365, 2366 OC 2510.9, 2510.10 54 2367, 2368 37 2510.11, 2510.12 54 2368.1 37 2510.12.1, 2510.12.2 54 2369, 2370 OC 2510.12.3 54 2371, 2372 OC 2510.13, 2510.14 25, Add. 2373, 2374 33 2510.15, 2510.16 25, Add. 2375, 2376 33 2510.17, 2510.18 25, Add. [4] Supp. No. 59 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 2510.19, 2510.20 25, Add. 2877, 2878 OC 2510.21, 2510.22 25, Add. 2879, 2880 OC 2510.23, 2510.24 51 2881, 2882 14 2510.25, 2510.26 25, Add. 2883, 2884 14 2510.27, 2510.28 25, Add. 2885, 2886 19 2510.29, 2510.30 25, Add. 2887, 2888 25, Add. 2510.31, 2510.32 25, Add. 2889, 2890 33 2510.33, 2510.34 25, Add. 2891, 2892 51 2510.35, 2510.36 51 2893, 2894 59 2510.37, 2510.38 25, Add. 2933, 2934 25 2510.39, 2510.40 25, Add. 2935, 2936 59 2510.41, 2510.42 25, Add. 2936.1 59 2510.43, 2510.44 25, Add. 2937, 2938 55 2510.45, 2510.46 25, Add. 2939, 2940 58 2510.47, 2510.48 25, Add. 2941, 2942 58 2510.49, 2510.50 25, Add. 2942.1 58 2510.51, 2510.52 25, Add. 2943, 2944 55 2510.53, 2510.54 25, Add. 2945, 2946 55 2510.55, 2510.56 25, Add. 2947, 2948 57 2511, 2512 57 2949, 2950 55 2512.1, 2512.2 57 2951, 2952 55 2512.2.1, 2512.2.2 57 2953, 2954 55 2512.3, 2512.4 49 2955, 2956 55 2512.5, 2512.6 50 2957, 2958 36 2512.7, 2512.8 51 2959, 2960 53 2512.9, 2512.10 57 2512.11, 2512.12 51 2512.13 51 2513, 2514 OC 2515, 2516 45 2516.1 45 2517, 2518 22 2619 48 2819, 2820 59 2869, 2870 OC 2871 OC 2873 OC 2875, 2876 OC Supp. No. 59 [5] � J 1 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. Dade Adopted • :Included/ Omitted Supp N. o 2010 -18 10 -28 -10 Included 49 2010 -21 11 -18 -10 Included 49 2011 -01 1 -27 -11 Included 50 2011 -02 2 -10 -11 Included 50 2011 -03 2 -10 -11 Included 50 2011 -04 2 -10 -11 Included 50 2011 -05 4 -14 -11 Included 51 2011 -06 4 -14 -11 Included 51 2011 -07 4 -14 -11 Omitted 51 2011 -08 5 -12 -11 Omitted 51 2011 -09 5 -26 -11 Included 51 2011 -10 5 -26 -11 Included 51 2011 -11 6 -23 -11 Included 51 2011 -12 6 -23 -11 Omitted 51 2011 -13 7 -14 -11 Omitted 51 2011 -14 7 -14 -11 Included 51 2011 -15 8 -25 -11 Omitted 52 2011 -16 9 -22 -11 Omitted 52 2011 -17 9 -22 -11 Omitted 52 2011 -18 9 -22 -11 Included 52 2011 -19 10 -13 -11 Included 52 2011 -21 11 -10 -11 Included 52 2011 -22 12- 8 -11 Included 52 2010 -05 3 -11 -10 Included 53 2012 -01 1 -12 -12 Omitted 53 2012 -02 3- 8 -12 Included 53 2012 -03 3 -22 -12 Included 53 2012 -04 5 -10 -12 Included 54 2012 -05 6 -28 -12 Omitted 54 2012 -06 7 -26 -12 Included 54 2012 -07 7 -26 -12 Included 54 2012 -08 8- 9 -12 Included 54 2012 -09 9 -27 -12 Omitted 55 Supp. No. 59 SH:1 NORTH PALM BEACH CODE Ord No.. Date Adoptedinited Tucludec�/ zt...; SuppNo 2012 -10 9 -27 -12 Omitted 55 2012 -11 11- 8 -12 Omitted 55 2013 -01 1 -10 -13 Omitted 55 2013 -02 2 -14 -13 Included 55 2013 -03 3 -14 -13 Omitted 55 2013 -04 4 -25 -13 Included 55 2013 -05 3 -28 -13 Omitted 55 2013 -06 3 -28 -13 Omitted 55 2013 -07 4 -11 -13 Included 55 2013 -08 5- 9 -13 Omitted 56 2013 -09 5 -23 -13 Included 56 2013 -10 7 -11 -13 Omitted 57 2013 -11 8 -22 -13 Omitted 57 2013 -12 9 -26 -13 Omitted 57 2013 -13 9 -26 -13 Omitted 57 2013 -14 9 -26 -13 Included 57 2014 -01 1 -23 -14 Included 57 2014 -02 3 -27 -14 Included 58 2014 -03 4 -10 -14 Included 58 2014 -04 4 -10 -14 Omitted 58 2014 -05 6 -26 -14 Included 59 2014 -06 7 -24 -14 Included 59 2014 -07 8 -14 -14 Included 59 Supp. No. 59 SH:2 ADMINISTRAPION § 2 -4 the member or declare the member's of- village, and to set forth an estimate of all income fice vacant and promptly fill such vacancy from all sources whatsoever which shall be re- for 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 meeting 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. 39 134.3 (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. VII, § 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. § 2-4 NORTH PALM BEACH CODE ` \ Funds included: (1) General fund. (2) Special revenue funds. (3) Enterprise funds. (4) Capital projects funds. (5) Any new funds created by the governing body unless specifically exempt. (c) Objectives. The primary objectives, in pri- ority of order, of investment activities shall be safety of principal, liquidity of funds, and maxi- mizing 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 the saf- est 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. 39 134.4 value of securities in the portfolio will fall due to changes in general interest rates, by: 1. 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 rating agency, or local government investment pools which offer same - day liquidity 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, } C-1) ADMINISTRATION § 2 -4 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. (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) Short term portfolio. A nationally recog- nized Money Market Fund Index, such as Standard and Poor's Government Invest- ment Pool Index/Government thirty (30) days gross of fees yield will be used as a benchmark. (2) Long term portfolio. Investment perfor- mance of the village portfolio will be com- pared to the Merrill Lynch 1 -3 year United States Treasury Note Index or the equiv- alent composed of U.S. Treasury or gov- ernment securities, with duration and as- set mix that approximates the village portfolio. (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 judgment and care, un- der circumstances then pre- vailing, which persons of pru- dence, discretion, and intelligence exercise in the management of their own af- fairs, not for speculation, but for the investment, consider- ing the probable safety of Supp. No. 55 134.5 their capital as well as the probable income to be de- rived 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. (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 inset below. When considering such invest- ments, the village shall use the following pre - qualification parameters for specific institutions: (1) Banks. The Village shall only select a QPD (Qualified Public Depository) with a collateral pledge level of twenty -five per- cent (25 %) or fifty percent (50 %) as estab- lished by the State Chief Financial Officer pursuant to Section 280.04, Florida Stat- utes. § 2 -4 NORTH PALM BEACH CODE (2) SEC registered money /market mutual maturities with known cash needs and antici- funds. pated cash flow requirements. Unless matched to S &P: AAAm Minimum or a specific cash flow, the village will not directly invest in securities maturing more than three (3) Moody's: Aaa -mf Minimum. years from the date of purchase. (3) Insurance companies. A.M. Best Rating: Minimum aaa. (4) Corporate interest notes. S &P: A- Minimum. Moody's: A3 Minimum. (5) Commercial paper. S &P: A -1 Minimum. Moody's: P -1 Minimum. (6) State and /or Local Government Taxable and /or Tax - Exempt Debt. S &P: A- Minimum for long term debt or A -2 for short term debt. Moody's: A3 Minimum for long term debt or VMIG2 for short term debt. (7) Local government investment pools. All components in each pool must satisfy the appropriate pre - qualification parameters noted for that institution. (g) 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 (h) 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. Authorized Investments Type of Funds Maturity Range Minimum % Maximum % Interest - bearing Operating N/A 8.33% 100 checking or savings (1/12 of annual (no more than 50% accounts Village operating with any one deposi- budget) tory institution) Core N/A 0% 100 (no more than 50% with any one deposi- tory institution) Supp. No. 55 134.6 C-) ADMINISTRATION § 2 -4 Authorized Maturity Investments Type of Funds Range Minimum % Maximum % Interest - bearing Operating 30 days 0 91.67 time deposits (11/12a' of annual Village operating budget) (no more than 33.33% with any one issuer) Core 3 years 0 100 (no more than 33.33% with any one issuer) The Local Govern- Operating N/A 0 25 ment Surplus Funds Trust Fund/intergov- ernmental invest- Core N/A 0 25 ment pool Securities and Ex- Operating N/A 0 50 change Commission (no more than registered money 33.33% with any one market funds issuer.) Core N/A 0 50 (no more than 33.33% with any one issuer.) Direct obligations of Operating 30 days 0 50 the United States Treasury Core 5 years 0 100 Federal Agencies Operating N/A 0 0 Core 5 years 0 50 (no more than 10% with any one issuer) Corporate Notes Operating N/A 0 0 Core 3 years 0 25 (no more than 5% with any one issuer) Commercial Paper Operating 30 days 0 5 Core 270 days 0 15 (no more than 5% with any one issuer) State and/or Local Operating N/A 0 0 Core 3 years 0 20 Government Taxable and/or Tax- Exempt (no more than 5% Debt with any one issuer) (i) Risk and diversification. Assets held shall be diversified to control the risk of loss resulting from the over - concentration of assets in a specific Supp. No. 55 135 maturity, issuer, instrument, dealer, or bank through which these instruments are bought and § 2 -4 NORTH PALM BEACH CODE sold. Diversification strategies shall be reviewed and revised periodically as deemed necessary by the chief financial officer. 0) 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. (k) 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 safekeeping with a third -party custodial institution. The third -party custodian will be re- quired to designate 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 bro- ker- dealer and the custodian involving purchase or sale of securities by transfer of money or securities must be made on a "delivery vs. pay- ment" basis, if applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. (1) Master repurchase agreement. All approved institutions and dealers transacting repurchase agreements shall execute and perform as stated in the master repurchase agreement. All repur- chase agreement transactions shall adhere to the requirements of the master repurchase agree- ment. (m) 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 or more optimal types of investments and competitively bid the security in question when feasible and appropriate. Ex- cept as otherwise required by law, the bid deemed to best meet the investment objectives specified in subsection III must be selected. (n) 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- Supp. No. 55 136 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. (o) 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. (p) 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. (q) 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 ADMINISTRATION § 2 -18 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. (r) 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 investments at the then - prevailing market price and place the proceeds into the proper account or fund. (s) 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. (t) 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 a chartered financial ana- lyst or any other individual or agency subject to formal oversight by the United States Securities and Exchange Commission to invest funds on behalf of the village in accordance with the man- dates of paragraph (h) of this investment policy. Authorized signatories are the chief financial officer, the village manager and the village mayor. These individuals are also authorized to initiate Supp. No. 55 137 wire transfers for the village. All investment transactions require approval by two (2) of the depository signatories. (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) 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. 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. 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. III. *Charter reference — Legislative provisions generally, Art. § 2 -18 NORTH PALM BEACH CODE \� (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, § 1; Ord. No. 8 -82, § 1, 4- 22 -82) 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; *Charter reference — Authority to determine rules of procedure, Art. III, § 9(b). Supp. No. 55 138 ! \ ADMINISTRATION § 2 -41 (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; 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, § 1; 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. Supp. No. 52 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) 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. (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 138.1 § 2 -41 NORTH PALM BEACH CODE 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 ) I, , 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- 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 ) I, , 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). (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. Supp. No. 52 138.2 i ADMINISTRATION (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. 30 138.3 § 2 -43 j ) � � ADMINISTRATION § 2 -159 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. Supp. No. 52 153 DIVISION 4. PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES* Sec. 2 -159. Creation of trust and definitions. (a) Creation of trust. Apension 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: 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-Fire 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 Supp. No. 52 154 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- 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. 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. Plan year means each year commencing on October 1, and ending on September 30. § 2 -160 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 personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full -time law en- forcement officers, part -time law enforcement of- ficers, or auxiliary law enforcement officers, but does not include part -time law enforcement offi- cers or auxiliary law enforcement officers as the same are defined in F.S. §§ 943.10(6) and 943.10(8), respectively. Any public safety officer who is re- sponsible for performing both police and fire ser- vices and who is certified as a police officer or firefighter shall be considered a police officer. 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) 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) Designation of a beneficiary or beneficia- ries; Supp. No. 52 154.1 (3) Authorization of a payroll deduction pay- able to the plan as hereinafter provided; § 2 -160 NORTH PALM BEACH CODE C-) (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. (d) Buy -back of previous service. Each member of the plan who terminates his employment with (2) 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) Sec. 2 -161. Benefit amounts. (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 Supp. No. 52 154.2 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. 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, with one hundred twenty (120) monthly payments guaranteed (10 years). If the member 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. A member 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- 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. i (I ADMINISTRATION 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. 52 154.3 § 2 -161 i ADMINISTRATION § 2 -162 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) 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- ficiary up to two (2) times as provided in F.S. Supp. No. 52 § 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. 158.1 (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 2/3) 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. (3) Option 3— Other. In lieu of the other op- tional forms enumerated in this section, § 2 -162 NORTH PALM BEACH CODE 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) Supp. No. 52 158.2 ADMIN.ISTRAPION 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. (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 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 Supp. No. 46 159 § 2 -163 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, 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 firefight- ers 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 additional amount sufficient to amortize the un- funded actuarial liability in accordance with ap- plicable laws of the State of Florida. The employer's contribution shall be deposited on at least a quarterly basis. § 2 -163 NORTH PALM BEACII CODE (' , ) (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) 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 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 res- ident 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 Supp. No. 46 160 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. (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 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- 1 Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Art. I. In General, §§ 6- 1-6 -15 Art. II. Minimum Construction Standards, §§ 6- 16 -6 -29 Art. III. Appearance Code, §§ 6- 30 -6 -71 biv. 1. Generally, §§ 6- 30 -6 -42 Div. 2. Reserved, §§ 6- 43 -6 -55 Div. 3. Certificate of Appropriateness, §§ 6- 56 -6 -71 Art. IV. Reserved, §§ 6 -72-6 -109 Art. V. Signs and Outdoor Displays, §§ 6 -110 -6 -149 Art. VI. Reserved, § 6 -150 Art. VII. Reserved, §§ 6 -151 -6 -156 *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. 53 381 BUILDINGS AND BUILDING REGULATIONS �INIMMMiRi MIRM- AM 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. 53 387 § 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. 53 388 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 N RESERVED* Secs. 6 -72-6 -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- 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 *Editor's note - Section 3 of Ord. No. 4 -90, adopted Mar. 8, 1990, repealed former Art. IV, "Contractors," which con- tained §§ 6- 72 -6 -81 and 6- 89 -6 -99. The repealed provisions derived from Code 1970, § 10- 1- 10 -11, and Ord. No. 19 -82, §§ 1 -6, adopted Oct. 14, 1982. tEditor'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 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. C� BUILDINGS AND BUILDING REGULATIONS § 6 -111 the public, to protect property values and to assist in the safe, economic, and aesthetic development of business: (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. (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. Supp. No. 53 :• (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 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. § 6 -111 NORTH PALM BEACH CODE (E) Variance. (1) (2) (3) (4) 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. The board of adjustment shall hear and rule on all applications for variance to this Code. All the provisions ofArticle III, Chapter 21 of the Village Code, shall apply to applications for variance to this code. 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 a filing fee of one hundred fifty dollars ($150.00). 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 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 Supp. No. 53 390 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- 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 BUILDINGS AND BUILDING REGULATIONS 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 (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- Supp. No. 53 391 § 6 -111 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. 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 sitelpremise sign. A sign advertising an establishment, merchandise, service or enter- § 6 -111 NORTH PALM BEACH CODE n 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 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. Supp. No. 53 392 Sign face area. The area of any regular geometric shape which contains the entire sur- face area of a sign upon which copy may be 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. (I) 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 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, 8- 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 -8 -12) Sec. 6 -112. Exempt signs. The following signs are exempt from the oper- ation of these sign regulations, and from the requirement in this Code that a permit be ob- r � HEAUM AND SANI'1MON § 14 -28 ARTICLE I. IN GENERAL Sec. 14 -26. Frequency of collection. Secs. 14- 1- 14 -15. Reserved. 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 ARTICLE II. GARBAGE, TRASH AND by the village manager. REFUSE* (Code 1970, § 18 -41) 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 —Mules 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. 40 891 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, § 1; 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 NO.IM -1 PALM BEAC11 CODE I 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 herein provided, except as otherwise stated. Occupancy Category Fee per Square Foot Low $ 0.068 Medium 0.181 High 0.967 Occupancy category is as determined by the Palm Beach County Solid Waste Authority. Supp. No. 40 892 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 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) 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 a filing fee of three hundred dollars ($300.00) together with a deposit of the estimated costs of the village in processing the application. Upon the village de- termining 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. 45 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) 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: INUM er of caIeuuar uayd prior w uace of puouc uearuig. ** 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. Title and substance of proposed or- dinance or development order; b. Time, 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; d. Name, address and telephone num- ber of the office where additional information can be obtained; and Supp. No. 45 1346 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 owners of record, excluding property owned by the applicant, within five hundred (500) 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 INUM er of caIeuuar uayd prior w uace of puouc uearuig. ** 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. Title and substance of proposed or- dinance or development order; b. Time, 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; d. Name, address and telephone num- ber of the office where additional information can be obtained; and Supp. No. 45 1346 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 owners of record, excluding property owned by the applicant, within five hundred (500) t 0 APPENDIX C ZONING* Art. I. In General, §§ 45.1- -45 -15 Art. II. Generally, §§ 45- 16 -45 -26 Art. III. District Regulations, §§ 45.27 -45.39 Arts. IV, V. Reserved, §§ 45-40 -45-48 Art. VI. Amendments —Fees; Waiting Periods, §§ 45- 49- 45 -59 [Art. VII. Non - Conforming Uses of Land and Structures,] §§ 45- 60-45- 68 *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 -of date for the 1970 Code, are cited in parentheses following the amended section. Words appearing in brackets [ ] 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. 9 2479 >, i j' -. f. APPENDIX C— ZONING § 45 -35.1 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. e. f. Supp. No. 51 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. 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 2509 the village council only at a joint meeting with the Lake Park Town Commission. (Ord. No. 8 -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. I. 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 7. The final approved development plan for the zoning district in which a proposed shall include the plat drawings and project is located. necessary submittals demonstrating B. Subject to the foregoing statement of in- acceptability of all factors and stan- tent, the village council may, in the case of dards evaluated in subsection IV(A). commercial, industrial and residential g. All dwelling unit sizes, parking cri- planned unit developments, allow for mi- teria and building site coverage must nor modification of the provisions of this meet the requirements of the zoning chapter or other land development regu- code for each type of proposed use. lations in accordance with the procedure set forth in subsections II, III, IV and V. 9. All land included for the purpose of II. Filing of application. development within a planned unit development shall be owned or un- A. Any person may file an application with der the unified control of the appli- the village council for minor modifications cant for such zoning designation, of the provisions of this chapter. This whether the applicant is an individ- application shall contain at least the fol- ual, partnership, corporation, trust lowing: or group of individuals, partner - 1. All application and review proce- ships, trusts or corporations. The dures shall comply with section 21- applicant shall present satisfactory 12, Changes to zoning ordinances evidence of the unified control of the and section 45 -49, Application for entire area by applicant within the rezoning, of this Code. proposed planned unit development 2. A statement listing and fully explain - and shall state agreement that, if he ) ing the specific modifications of the proceeds with the proposed develop - provisions of this chapter 45 which ment, he will: are desired, as well as the purposes a. Do so in accordance with the for which the modifications are in- officially approved development tended. plan and such other conditions 3. All application procedures for resi- or modifications as may be at- dential planned unit developments tached to the conditional use. shall be as required by the subdivi- b. Provide agreements, covenants, sion provisions of this Code. contracts, deed restrictions or 4. Compliance with the village compre- sureties acceptable to the vil- hensive plan is required. lage council, both for comple- 5. Land covered by the development tion of the undertaking in ac- plan shall be platted concurrently cordance with the adopted with final approval of the develop- development plan, and also for ment plan. the continuing operation and 6. The fee for filing an application for a maintenance of areas, func- planned unit development shall be tions and facilities which the one hundred dollars ($100.00) per plan shows are not to be oper- acre for each acre contained within ated or maintained at general the boundary of the development plan, public expense. plus a prorated amount of the per C. Bind his development succes- acre fee for any portion of the devel- sors in title to any commit - opment plan which exceeds evenly ments made under subsections divisible acreage. a. and b., preceding. Supp. No. 51 2510 APPENDIX C— ZONING § 45 -35.1 10. Any tract of land for which a planned hazardous or inconvenient to the unit development is made shall con- neighborhood nor conflict with the tain sufficient width, depth and front- normal traffic of the neighborhood. age on a public dedicated arterial or In applying this standard, the com- 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 strut- 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 strut- 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 - III. Referral to planning commission. The vil- netted with the proposed use, will lage council shall refer each application for a not have a detrimental effect upon planned unit development to the planning com- neighboring property or the neigh - mission for study and recommendation. boring area in general. IV. Action of planning committee [commis- 3. The location and height of buildings, sion.] the location, nature and height of A. After a study of an application for a planned walls and fences, and the nature and unit development and the required public extent of landscaping of the site shall hearing, the planning commission shall be such that they will not hinder or make a recommendation to the village discourage the proper development council to approve, approve as modified, and use of adjacent land and build - or reject the application based upon the ings nor impair the value thereof. following standards: 4. The standards of density and re- f. The proposed use or uses shall be of quired open space in the proposed such location, size and character as project are at least equal to those to be in harmony with the appropri- required by this ordinance in the ate and orderly development of the zoning district in which the proposed zoning district in which situated and project is to be located. shall not be detrimental to the or- derly development of adjacent zon- 5. There shall be no uses within the ing districts. proposed project which are not per- mitted uses in the zoning district in t. 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 uses, the site layout and its relation Exception: A mixed use occupancy may be to streets giving access to it, shall be allowed if the existing zoning district us- such that traffic to and from the use age is commercial. The mixed usage occu- or uses, and the assembly of persons panty shall only be residential and mer- in connection therewith, will not be cantile or residential and business. Supp. No. 51 2510.1 § 45 -35.1 NORTH PALM BEACH CODE B. The commission may recommend such changes or modifications in the proposed plan as are needed to achieve conformity to the standards as herein specified. The 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 standards as herein specified have been met. If there are minor modifications to the provisions of this chapter, the commis- sion may recommend its approval at the same time. It shall also, where it deems appropriate and necessary, recommend to the village council those conditions to be imposed 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) 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. Supp. No. 51 2510.2 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. i t C-) APPENDIX C— ZONING 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 1 Established. The Northlake Boulevard Overlay Zoning Dis- trict (NBOZ) shall consist of that portion of real 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. 45 2510.2.1 § 45 -35.3 E APPENDIX C— ZONING § 45 -49 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. j. 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. 45 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. 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 a filing fee of three hundred dollars ($300.00) 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. 11 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) 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 a filing fee of two hun- dred dollars ($200.00). (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) 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. 45 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 j 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. 45 2516.1 § 45 -62 C) 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. I, 55.03 29 -5(a) § 36 -2 ch. 98 Ch. 10 App. B, Art. II, 101.657 10 -7 § 36 -8 112.181 2- 161(e)(9) App. B, Art. II, ch. 121 2 -155 § 36 -15 161.55(1)(d) 6 -156 App. B, Art. IV, 161.041 6 -153 § 36 -27 161.053 6 -154 ch. 185 2 -167 ch. 162 2 -174 185.05(6) 2 -169 162.12(2) 2 -180 185.06(1)(b) 2 -166 ch. 163 12.5 -1 185.06(7) 2 -166 21 -1 185.08 26 -16 21 -11 202.195 29 -8(m) 21 -43, 21 -44 203.012 26-51,29-3 App. B, Art. I, 29 -5(b) § 36 -2, App. B, Art. 203.012(5)(b) 26 -51 I, § 36 -4 ch. 205 Ch. 17, Art. II App. B, Art. II, 205.043(2), § 36 -16 205.043(3) 17 -24, 17 -25 App. B, Art. VI 205.053 17 -20 163.01 2 -4(f) 205.192 17 -22 163.161 et seq. 21 -01 210.03 17 -33 ch. 163.170, App. B, Art. II, ch. 212 26 -53 §163.3164(17) § 36 -10 215.473 2 -166 163.225(3)(a) -(c) 5 -86 222.17 5 -1 163.295 6 -150 ch. 252 Ch.8 163.3161 et seq. Ch. 21, Art. II 8- 4(a)(2) 163.3177 21 -44 252.38 et seq. 8 -6 163.3178 6 -155 253.125 7 -19 21 -44 280.02 2 -4(f) 163.3180(12) 21 -48 286.011 2 -1 ch. 166 6 -16 Ch. 316 18 -20 Ch. 24 316.008 Ch. 18 Ord. No. 2478 § 3 316.1955, 316.1956 18 -37 166.021 Ch. 17, Art. II 320.01(1) 14 -37 166.221 17 -34 ch. 327 Ch.5 166.231 Ch. 26, Art. III 327.02 5 -33 ch. 170 21 -2 19 -99 Supp. No. 59 2819 NORTH PALM BEACH CODE Supp. No. 59 2820 Section 768.28 775.082, 775.083 794.011 800.04 827.071 ch. 828 ch. 847 847.0145 870.041 870.44 870.45 872.05 893.03 893.035 893.0356 943.10(6) 943.10(8) 943.14 943.25(13) Section this Code 29 -12(d) 2- 169(f) 2 -255 19 -31 19 -31 19 -31 4 -13 App. C, § 45 -20 19 -31 8 -21 8 -22 8 -22 2 -104 45 -36 45 -36 45 -36 2 -159 2 -159 2 -159 1 -9 [The next page is 28691 r' Section Section this Code 335.065 App. B, Art. IV, § 36 -29.1 337.29 29 -2 337.401 29-2,29-3 29 -5(a), (e) 29 -6(a) 337.401(3) 28 -3 337.403, 337.404 29 -7 342.03 Ch. 5 362.01 29 -2 364.02 29 -3 ch. 373 19 -200 ch. 380 21 -44 App. B, Art. II, § 36 -10 380.04 21 -103 393 App. C, § 45 -2 ch. 394 App. C, § 45 -2 ch. 395 App. C, § 45 -36 ch. 400 App. C, § 45 -2 ch. 401 11.5 -21 ch. 402 App. C, § 45 -2 App. C, § 45 -34.1 402.302(4), 402.302(5) 17 -33 413.08 4 -27(d) ch. 419 17 -33 App. C, § 45 72 ch. 458 App. C, § 45 -36 ch. 459 App. C, § 45 -36 471.003 29- 8(c)(1) ch. 472 App. B, Art. I, § 36 -6 ch. 480 App. C, § 45 -2 ch. 495 1 -10 ch. 553 6 -16 553.73 11 -11 553.73(2) 6 -2 553.775 6 -18 561.01 3 -1 561.01 et seq. Ch. 3 563.01 3 -1 564.01 3 -1 565.01 3 -1 628.901 29 -12(d) 633.35 2 -159 633.025 12 -16 633.0215 12 -16 ch. 650 Ch. 2, Art. V, Div. 2 2 -136 650.02 2 -136 658.12 2 -4(q) ch. 760 App. C, § 45 -2 Supp. No. 59 2820 Section 768.28 775.082, 775.083 794.011 800.04 827.071 ch. 828 ch. 847 847.0145 870.041 870.44 870.45 872.05 893.03 893.035 893.0356 943.10(6) 943.10(8) 943.14 943.25(13) Section this Code 29 -12(d) 2- 169(f) 2 -255 19 -31 19 -31 19 -31 4 -13 App. C, § 45 -20 19 -31 8 -21 8 -22 8 -22 2 -104 45 -36 45 -36 45 -36 2 -159 2 -159 2 -159 1 -9 [The next page is 28691 r' CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 2011 -11 6 -23 -11 2 5 -84(5) Added 5- 84(13) 2011 -14 7 -14 -11 2 Rpld 2 -116 2011 -18 9 -22 -11 2 8 -5 3 19 -183 2011 -19 10 -13 -11 2 21- 70(a)(1), (2) 3 2 -173 2011 -21 11 -10 -11 2 1 -9(b) 3 2 -40(a) 2- 41(a), (c) Ch. 2, Art. III Div. 5, title 2-75,2-76 Added 2- 81 -2 -83 Rnbd Ch. 2, Art. III Divs. 6-10 as Ch. 2, Art. III Divs. 7 -11 4 4 -5 4 -12(b) 5 4 -29(b) 4 -30(d) 6 4 -44(a) 7 5 -17 5 -19 5- 20 -5 -22 8 8- 22(a), (e) 9 9 -2(b) 10 11.5 -21 11 12 -18(a) 12 Rpld 12- 29 -12 -32 12- 39 -12 -43 12- 51 -12 -56 13 12- 102 -12 -105 14 14 -31(c) 15 18- 19(b), (b)(4) 16 19- 116(a) 19- 117(b), (b)(3) 17 19- 185(c), (c)(2) 19- 186(b) 18 19 -207 19- 209(a) 19- 210(d), (e) 19 -211 19 -213 19- 215(a), (c) 19 -217 19 20 -5(2) 20 -6(l) 20 23 -42 23 -45 23 -48 2011 -22 12- 8 -11 2 2- 159(a), (b) 3 2- 161(h) Added 2- 161(i) 4 2- 170(2) Added 2- 170(3) Supp. No. 59 2893 2013 -14 NORTH PALM BEACH CODE 2014 -01 Adoption 2014 -02 Ord. No. Date Section 2012 -02 3- 8 -12 2 7 -24 -14 2 Rpld 3 Rpld 6 -150 -6 -156 4 App. C, § 45 -2 Added 5 Added App. C, § 45 -28H. 6 2012 -03 3 -22 -12 2 App. C, § 45 -35.3, 3 44A 4 2012 -04 5 -10 -12 2 2012 -06 7 -26 -12 2 2012 -07 7 -26 -12 2 19 -99 -19 -106 3 (g), (h) 4 2012 -08 8- 9 -12 2 2013 -02 2 -14 -13 2 2013 -04 4 -25 -13 2 2013 -07 4 -11 -13 2 2013 -09 5 -23 -13 2 2013 -14 9 -26 -13 2 2014 -01 1 -23 -14 2 2014 -02 3 -27 -14 2 2014 -03 4 -10 -14 2 2014 -05 6 -26 -14 2 2014 -06 7 -24 -14 2 2014 -07 8 -14 -14 2 [The next page is 29331 Supp. No. 59 2894 Section this Code 6-17,6-18 6- 57 -6 -60 6- 111(G), (I) 6- 117(C), (J) Rpld 6 -150 Rpld 6 -150 -6 -156 App. C, § 45 -2 Added App. C, § 45 -27G. Added App. C, § 45 -28H. 2 -4( f) Added 17- 71 -17 -74 App. C, § 45 -35.3, 44A App. C, § 45 -35.3, 4 -2 App. C, § 45 -35.3, 4 -3 Added 17- 40 -17 -45 Rpld 5 -26 Rpld 19 -99 -19 -120 Added 19 -99 -19 -106 2 -4(d), 2 -4(f) (g), (h) 2 -4(p) Added 6- 114(C) Rnbd 6- 114(C) —(E) as 6- 114(D) —(F) 6- 114(D) Added 6- 114(E)(2)e. Rnbd 6- 114(E)(2)e. as 6- 114(E)(2)f. Added Ch. 8, Art. III, § 8 -31 App. C, § 45 -36 D. Added D -2. 5- 84(6)a. 1 -8 App. C, § 45 -33 A.3. App. C, § 45 -27 E. App. C, § 45 -28 F.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. 4 -1 Added 4 -13 [The next page is 29331 Supp. No. 59 2894 CODE INDEX Section B BATHING Diseased persons prohibited from bathing in public pools, etc ................. 19 -3 BICYCLES Park regulations ........................ 20 -6 Subdivisions, required improvements re bikeways .......................... 36 -29.1 Supp. No. 59 2936.1 Section 0 CODE INDEX Supp. No. 55 2937 Section Section BILLBOARDS. See: SIGNS AND BILL- BOATS, DOCKS AND WATERWAYS (Cont'd.) BOARDS Surety bond prerequisite to issuance of building permit in certain BIRDS. See: ANIMALS AND FOWL B cases ......................... 5-61 BLOCKS Docks and piers Subdivision design standards ............ 36 -18 Construction in waters other than Lake Worth and Atlantic Ocean, BOARDS, COMMITTEES AND COMMIS- regulations governing ......... 5 -84 SIONS. See: DEPARTMENTS AND Definitions ........................ 5 -81 OTHER AGENCIES OF VILLAGE Generally ......................... 5 -82 BOATS, DOCKS AND WATERWAYS Lake Worth and Atlantic Ocean, reg- Abandoned boats ....................... 5 -8 ulations governing construction Abatement of public nuisances onpri- in ............................ 5 -85 vae property P P Y ................... 14 -79 et se q• Minimum design requirements...... 5 -83 Anchoring and mooring Variances ......................... 5 -86 Mooring limitations in lagoons (private Erosion control structures docks) .......................... 5 -16 Construction ...................... 5 -95 Unlawfully anchored or moored vessels Control ........................ 5 -96 Claiming of vessel by owner; payment Definitionns s ................... 5 -93 of costs ....................... 5 -23 he 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 .................. 5 -6 Reclamation of owner after sale..... 5 -24 Exhibition boats exempted from certain Unclaimed vessel to be sold; certifica- restrictions ........................ Flood damage prevention provisions...... 5 -4 12.5 -1 et seq. tion of sale ................... Authority of village to board boats violat- 5 -22 See: FLOOD DAMAGE PREVENTION ing chapter ........................ 5 -17 Health and sanitation requirements Boat launching area Cleanliness of docks .................. 5 -11 Abandoned boats and equipment Observance of village health and con - Disposition ........................ 5 -36 duct rules....................... 5 -10 Recovery .......................... 5 -37 Pollution of waterways ................ 5 -13 Designated; use restricted ............. 5 -33 Refuse disposal....................... 5 -12 Permits required Live aboard boats Boats remaining for more that 24 Living aboard boats restricted......... 5 -15 hours ........................ 5 -35 Occupancy of in village waterways..... 5 -25 Repairs prohibited .................... 5 -34 Marine sanctuaries Vehicle /trailer parking in designated ar- Designation of waters as marine sanctu- eas ............................. 5 -35 aries Violation; penalty PY •••••••••••••••••••• 5 -38 Area to be regulated ............... 5- 101(c) Bulkhead lines ......................... 7 -1 et seq. Areas designated .................. 5- 101(b) See: BULKHEAD LINES Construction of provision ........... 5- 101(d) Code enforcement, applicability re ....... 2 -173 Definition ......................... 5- 101(a) Construction requirements Mooring, docking, or beaching of boats on Bulkheads and seawalls public or private property without Compliance with provisions required 5 -69 permission ........................ 5 -9 Inspection required ................ 5 -73 Noise control Permit fee ......................... 5 -72 Radios or other mechanical sound -mak- Specifications ...................... 5 -71 ing devices or instruments in ves- Submission of plans and specifica- sels, operation of ................ 19 -103 tions ......................... 5 -70 Parking Canals Boating equipment; parking on residen- Canal crossings .................... 5 -60 tial property restricted........... 18 -35 Compliance with provisions required 5 -56 Prohibited parking upon right -of -way of Drainage canals ................... 5 -59 specific roadways................ 18 -34.1 General requirements .............. 5 -57 Running engines, hours in residential dis- Navigation canals .................. 5 -58 tricts .............................. 5 -14 Supp. No. 55 2937 NORTH PALM BEACH CODE n Section Section BOATS, DOCKS AND WATERWAYS (Cont'd.) BUILDINGS (Cont'd.) Searchlights, use of ..................... 5 -7 Powers ............................ 6 -18(f) Speed limits; wakes ..................... 5 -2 Appeals ......................... 6- 18(fl(1) Subdivision provisions re waterways ..... 36 -22 et seq. Variances ....................... 6- 18(f)(2) See: SUBDIVISIONS (Appendix B) Procedures ........................ 6 -18(g) Swimming in restricted waters .......... 5 -3 Quorum and voting ................ 6 -18(d) Water skiing ............................ 5 -5 Secretary to the board.............. 6 -18(e) Waterways board ....................... 5 -102 et seq. Terms ............................. 6 -18(c) Violations and penalty ................ 6 -19 BONDS Missiles, throwing ...................... 19 -83 Administrative code; bonds required of cer- Obstructing g ....n .s 19 -47 tain officers ........................ 2 -42 and Outdoor displays. See herein: Signs and :Si Canal construction; surety bond prerequi- Outdoor Displays site to issuance of building permit... 5 -61 Park and recreation facilities; erecting build - Finance director, duties re ............... 2 -59(7) ings or structures.................. 20 -3 Village manager ........................ 2 -117 Public land, construction on prohibited ... 6 -1 BRUSH. See: WEEDS AND BRUSH Signs and outdoors displays ............. 6 -110 et seq. See: SIGNS AND BILLBOARDS BUILDINGS 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 Intent and purposes .................. 6 -32 Established; designated ................. 7 -1 Planning commission, powers and du- Filling operation beyond bulkhead line pro - ties re .......................... 6 -36 hibited ............................ 7 -2 Short title ........................... 6 -30 Filling permit Appearance plan (Appendix A). See that Application fees ...................... 7 -19 subject Application; issuance ................. 7 -18 Code enforcement, applicability re ....... 2 -173 Expiration date; renewal; revocation ... 7 -20 Codes Public hearing prerequisite to consider - Appearance code. See herein that sub- ation ........................... 7 -17 ject Required ............................. 7 -16 Building code ........................ 6 -17 Unlawful fill; removal ................... 7 -3 Electrical code ....................... 11-11,11-12 Fire prevention code .................. 12 -16 et seq. BULKHEADS Housing code ......................... 15-1,15-2 Bulkheads and seawalls, construction re- Country club ........................... 9 -1 et seq. quirements re ..................... 5 -69 et seq. See: COUNTRY CLUB See: BOATS, DOCKS AND WATER - Electrical code .......................... 11-11,11-12 WAYS Flood damage prevention ................ 12.5 -1 et seq. BUSINESS ADVISORY BOARD See: FLOOD DAMAGE PREVENTION Composition; terms; vacancies Housing code ........................... 15-1,15-2 Alternate members................... 17 -72(d) Landscaping ............................ 27 -31 et seq. Composition ......................... 17 -72(a) See: LANDSCAPING Initial terms ......................... 17 -72(b) Minimum construction standards Subsequent terms .................... 17 -72(c) Authority ............................ 6 -16 Created. ............................... 17 -71 Codes adopted ....................... 6 -17 Mission; duties ......................... 17 -74 Construction board of adjustment and Organization ........................... 17 -73 appeals ......................... 6 -18 Appointment ...................... 6 -18(a) BUSINESS REGULATIONS Membership ....................... 6 -18(b) Ambulances ............................ 17-50,17-51 Supp. No. 55 2938