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Pages Replaced by Supplement #621 TABLE OF CONTENTS Page Officials of the Village ........ ............................... iii Preface...................... ............................... v Adopting Ordinance .......... ............................... vii Readopting Ordinance.... ............................ x.i Checklist of Up -to -Date Pages . ............................... [1] Supplement History Table .... ............................... SH:1 PART I CHARTER Charter...................... ............................... 1 Art. I. Corporate Name .............................. 3 Art. I.A. Vision Statement ........................... 3 Art. II. Territorial Boundaries ....................... 5 Art. III. Legislative .. ............................... 10.5 Art. IV. Administrative .............................. 15 Art. V. Qualifications and Elections .................. 17 Art. VI. Transition Schedule ......................... 18 Charter Comparative Table ... ............................... 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ........ ............................... 77 2. Administration ........... ............................... 133 Art. I. In General .... ............................... 135 Art. II. Council ..................................... 138.7 Div. 1. Generally ............................... 138.7 Div. 2. Rules of Procedure ....................... 138.8 Art. III. Administrative Code ........................ 138.8 Div. 1. Generally ............................... 138.8 Div. 2. Audit Committee ........................ 139 Div. 3. Department of Finance ................... 140 Div. 4. Department of Records ................... 140.1 Div. 5. Department of Law Enforcement (Police De- partment) ............................... 141 Div. 6. Fire Rescue Department .................. 141 Div. 7. Department of Public Works .............. 142 Div. 8. Department of Library ................... 142 Div. 9. Department of Country Club ............. 143 Div. 10. Department of Recreation ............... 143 Supp. No. 61 xi NORTH PALM BEACH CODE Chapter Page 5. Boats, Docks and Waterways ............................. Art. I. In General .... ............................... Art. II. Boat Launching Area ........................ Art. III. Construction Requirements ................. Div. 1. Generally ............................... Div. 2. Canals .................................. Div. 3. Bulkheads and Seawalls .................. Div. 4. Docks and Piers ......................... Div. 5. Erosion Control Structures ............... Art. IV. Marine Sanctuaries ......................... Art. V. Waterways Board ............................ 319 321 325 ( l 326 326 326 327 328 333 333 334 6. Buildings and Building Regulations ....................... Div. 11. Department of Community Development . 143 Art. IV. Manager .... ............................... 144 Art. V. Pensions and Retirement Systems ............ 144 Div. 3. Certificate of Appropriateness ............. Div. 1. Generally ............................... 144 Art. V. Signs and Outdoor Displays .................. Div. 2. Social Security ........................... 144 Art. VII. Reserved ... ............................... Div. 3. Pension and Certain Other Benefits for Gen- 453 Art. I. In General .... ............................... 455 eral Employees .......................... 145 8. Emergency Management .. ............................... Div. 4. Pension and Certain Other Benefits for Fire 509 and Police Employees .................... 152.3 Div. 5. Length of Service Award Plan for Volunteer Firefighters ...:......................... 164 Div. 6. ICMA Defined Contribution Pension Plan.. 164.1 Art. VI. Code Enforcement .......................... 164.2 Art. VII. Alternate Method of Code Enforcement...... 169 3. Alcoholic Beverages ....... ............................... 211 4. Animals and Fowl ........ ............................... 263 Art. I. In General .... ............................... 265 Art. II. Dogs and Cats .............................. 267 Art. III. Rabies Control ............................. 269 5. Boats, Docks and Waterways ............................. Art. I. In General .... ............................... Art. II. Boat Launching Area ........................ Art. III. Construction Requirements ................. Div. 1. Generally ............................... Div. 2. Canals .................................. Div. 3. Bulkheads and Seawalls .................. Div. 4. Docks and Piers ......................... Div. 5. Erosion Control Structures ............... Art. IV. Marine Sanctuaries ......................... Art. V. Waterways Board ............................ 319 321 325 ( l 326 326 326 327 328 333 333 334 6. Buildings and Building Regulations ....................... 381 Art. I. In General .... ............................... 383 Art. II. Minimum Construction Standards ............ 383 Art. III. Appearance Code ........................... 385 Div. 1. Generally ............................... 385 Div. 2. Reserved . ............................... 387 Div. 3. Certificate of Appropriateness ............. 387 Art. IV. Abatement of Unsafe or Unsanitary Buildings 388 Art. V. Signs and Outdoor Displays .................. 392.1 Art. VI. Reserved .... ............................... 401 Art. VII. Reserved ... ............................... 401 7. Bulkhead Lines ........... ............................... 453 Art. I. In General .... ............................... 455 Art. II. Filling Permit ... .......................... 455 8. Emergency Management .. ............................... 507 Art. I. In General .... ............................... 509 1 Supp. No. 61 xii / TABLE OF CONTENTS— Cont'd. Chapter Page Art. II. Civil Disorders and Disturbances ............. 510 Art. III. Exempt Employee Emergency Duty.......... 511 9. Country Club ............................................ 559 Art. I. In General .... ............................... 561 Art. II. Golf Advisory Board ......................... 562 Art. III. Finances....... ...................... 563 10. Elections ................ ............................... 615 Art. I. In General .... ............................... 617 Art. II. Reserved .... ............................... 618 Art. III. Reserved ................................... 618 Art. IV. Polling Locations ........................... 618 11. Electricity ............... ............................... 671 Art. I. In General .... ............................... 673 Art. II. Electrical Code ........... ......... ...... 673 11.5. Emergency Service ..... ............................... 695 Art. I. In General .... ............................... 697 Art. II. Emergency Medical Services ................. 697 12. Fire Prevention and Protection .......................... 723 Art. I. In General .... ............................... 725 Art. II. Florida Fire Prevention Code ................. 725 Art. III. Reserved .... ............................... 726 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances ........... 726 12.5 Flood Damage Prevention .............................. 777 Art. I. In General .... ............................... 779 Art. II. Administration .............................. 783 Art. III. Provisions for Flood Hazard Reduction ....... 786 13. Reserved ................ ............................... 839 14. Health and Sanitation ... ............................... 889 Art. I. In General ................................... 891 Art. II. Garbage, Trash and Refuse .................. 891 Div. 1. Generally ............................... 891 Div. 2. Garbage Collection and Disposal .......... 891 Div. 3. Reserved . ............................... 893 Art. III. Reserved .... ............................... 894 Art. IV. Abatement of Public Nuisances on Private Prop - erty........................................ 894 15. Housing ... ....... ............................... 945 Art. I. In General .... ............................... 947 Art. II. Abandoned Real Property .................... 949 16. Library ................. ............................... 997 Art. I. In General .... ............................... 999 Art. II. Library Board ............................... 999 Supp. No. 61 xiii NORTH PALM BEACH CODE / F 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 Art. Art. VIII. Peddlers and Solicitors .................... 1067 17.5 Reserved ............... ............................... 1121 18. Motor Vehicles and Traffic ............................... 1171 1463 Art. I. In General .... ............................... 1173 I. In General .... ............................... Art. II. Operation of Vehicles Generally .............. 1173 Art. Art. III. Stopping, Standing and Parking ............. 1175 19. Offenses and Miscellaneous Provisions ................... 1225 1465 Art. I. In General .... ............................... 1227 Sidewalks and Public Places ..................... Art. II. Sexual Offenders and Sexual Predators ....... 1228.2 Art. Art. III. Offenses Against Property ................... 1228.2 Art. IV. Offenses Against Public Morals .............. 1228.2 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. 61 xiv F1 TABLE OF CONTENTS — Cont'd. Chapter Page Art. II. Excavations .. ............................... 1519 2355 Div. 1. Generally ............................... 1519 Art. III. Design Standards .......................... Div. 2. Permit ... ............................... 1520 Art. III. Sidewalks and Driveways ................... 1520 Art. VI. Amendments ............................... Div. 1. Generally ............................... 1520 2379 Div. 2. Permits .. ............................... 1523 25. Swimming Pools ......... ............................... 1573 Art. I. In General .... ............................... 1575 Art. II. Reserved .... ............................... 1575 Art. III. Reserved .... ............................... 1576 26. Taxation ................ ............................... 1627 Art. I. In General .... ............................... 1629 Art. II. Insurance Excise Taxes ...................... 1629 Art. III. Utility Tax .. ............................... 1629 Art. IV. Telecommunications Service Tax ............. 1630 27. Trees and Shrubbery ..... ............................... 1681 Art. I. In General .... ............................... 1683 Art. II. Trees in Swale Areas ........................ 1683 Art. III. Landscaping ............................... 1684 Div. 1. Generally ............................... 1684 Div. 2. Reserved . ............................... 1686 Div. 3. Requirements for Certain Yard Areas, Off - Street Parking and Other Vehicular Use Areas .... ............................... 1686 28. Use of Rights -of -Way for Utilities ........................ 1739 29. Telecommunications ..... ............................... 1781 Appendices A. Appearance Plan ......... ............................... 2043 B. Subdivisions ............. ............................... 2353 Art. I. In General .... ............................... 2355 Art. II. Procedures for Subdivision Plat Approval ..... 2358 Art. III. Design Standards .......................... 2365 Art. IV. Required Improvements ..................... 2368.1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Amendments ............................... 2378 Art. VII. Legal Status ............................... 2379 C. Zoning ................... ............................... 2479 Art. I. In General .... ............................... 2480.1 Art. II. Generally .... ............................... 2484 Art. III. District Regulations ........................ 2487 Arts. IV, V. Reserved . ............................... 2515 Art. VI. Amendments —Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises ............... ............................... 2619 Supp. No. 61 xv NORTH PALM BEACH CODE / Page Statutory Reference Table ..... ............................... 2819 Code Comparative Table -1970 Code ......................... 2869 Code Comparative Table —Laws of Florida .................... 2873 Code Comparative Table— Ordinances ........................ 2875 Charter Index ................ ............................... 2933 Code Index .................. ............................... 2935 i Supp. No. 61 xpi 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 61 x.iii 1 77 OC xi, xii 61 79,80 OC xiii, xiv 61 81,82 58 xv, xvi 61 83 58 SH:l, SH:2 61 133 52 1 25 134.1, 134.2 34 3,4 25 135, 136 60 5,6 25 137, 138 60 7,8 25 138.1, 138.2 60 9, 10 29 138.3, 138.4 60 10.1, 10.2 53 138.5, 138.6 60 10.3, 10.4 53 138.7, 138.8 60 10.5, 10.6 53 138.9, 138.10 60 11,12 61 139,140 34 12.1 61 140.1, 140.2 28 [1] Supp. No. 61 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 141,142 52 331,332 58 143, 144 52 332.1 58 144.1 52 333,334 45 145,146 47 335 45 147,148 47 381,382 60 149, 150 47 383,384 53 151,152 47 385,386 53 152.1, 152.2 47 387,388 60 152.3, 152.4 47 389,390 60 152.5, 152.6 60 391,392 60 153, 154 61 392.1, 392.2 60 154.1 61 392.3, 392.4 60 155, 156 46 392.5 60 157, 158 52 393,394 56 159,160 61 395,396 56 160.1, 160.2 61 397,398 56 161, 162 46 398.1 56 162.1, 162.2 46 398.15, 398.16 40 163,164 52 399,400 53 164.1, 164.2 52 401 53 164.3 52 453 OC 165, 166 48 455,456 22 167, 168 48 507 57 169, 170 48 509,510 57 211 OC 511,512 57 213,214 19 559 36 263 59 561,562 52 265,266 59 563 40 266.1 59 615 36 267,268 52 617,618 36 269 52 671 2 319 29 673 24 321,322 46 695 13 323,324 52 697 52 325,326 55 723 52 326.1 46 725,726 52 327,328 27 727 52 329,330 58 777 OC [2] Supp. No. 61 CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 779,780 OC 1177 36 781,782 OC 1225 61 783,784 OC 1227, 1228 61 785,786 OC 1228.1, 1228.2 61 787,788 OC 1229, 1230 55 789 OC 1231, 1232 55 839 OC 1233 55 889 39 1237,1238 52 891,892 61 1239, 1240 52 893,894 52 1241, 1242 52 895 50 1289 52 945 41 1291,1292 52 947,948 49 1293, 1294 29 948.1 49 1295 29 949,950 41 1343 4 951 41 1345,1346 60 997 OC 1346.1 60 999, 1000 22 1347, 1348 45 1051, 1052 61 1349, 1350 45 C 1052.1 61 1350.1, 1350.2 45 1053, 1054 31 1351, 1352 33 1054.1, 1054.2 31 1353, 1354 33 1054.3, 1054.4 31 1355, 1356 33 1055, 1056 36 1356.1 33 1057, 1058 33 1357, 1358 OC 1059, 1060 33 1359, 1360 33 1060.1, 1060.2 43 1361, 1362 33 1060.3, 1060.4 43 1363, 1364 52 1060.5 43 1364.1 52 1061, 1062 8 1365, 1366 33 1063, 1064 54 1366.1, 1366.2 52 1065, 1066 54 1366.3, 1366.4 33 1067, 1068 61 1367 5 1069, 1070 61 1411 OC 1121 OC 1463 OC 1171 OC 1465, 1466 52 1173, 1174 52 1517 OC 1175, 1176 36 1519, 1520 OC [3] Supp. No. 61 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1521, 1522 47 2365, 2366 OC 1523 47 2367,2368 37 1573 24 2368.1 37 1575, 1576 29 2369, 2370 OC 1627 9 2371, 2372 OC 1629, 1630 27 2373, 2374 33 1631 27 2375, 2376 33 1681 OC 2377, 2378 33 1683,1684 33 2379 33 1684.1, 1684.2 24 2479, 2480 60 1685, 1686 OC 2480.1, 2480.2 50 1687, 1688 17 2481, 2482 53 1689, 1690 17 2483, 2484 53 1739 14 2485 53 1741, 1742 21 2486.1, 2486.2 41. 1781 21 2486.3, 2486.4 41 1783, 1784 21 2486.5, 2486.6 41 1785, 1786 33 2487, 2488 59 1787, 1788 33 2489, 2490 59 i 1788.1 33 2491, 2492 59 1789, 1790 21 2493, 2494 59 1791, 1792 21 2495, 2496 59 1793, 1794 21 2497, 2498 59 1795, 1796 21 2499, 2500 59 2043 OC 2501, 2502 59 2045, 2046 33 2503, 2504 59 2046.1 25 2504.1, 2504.2 59 2047, 2048 OC 2504.3, 2504.4 59 2049, 2050 OC 2504.5, 2504.6 59 2051, 2052 OC 2504.7, 2504.8 59 2053 OC 2505, 2506 10 2353 OC 2507, 2508 13 2355, 2356 OC 2509, 2510 60 2357, 2358 33 2510.1, 2510.2 60 2359, 2360 33 2510.2.1 60 2361, 2362 33 2510.3, 2510.4 54 2363, 2364 33 2510.5, 2510.6 54 2364.1 33 2510.7, 2510.8 54 [4] Supp. No. 61 1 i CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 2510.9, 2510.10 54 2517, 2518 22 2510.11, 2510.12 54 2619 48 2510.12.1, 2510.12.2 54 2819, 2820 60 2510.12.3 54 2869, 2870 OC 2510.13, 2510.14 25, Add. 2871 OC 2510.15, 2510.16 25, Add. 2873 OC 2510.17, 2510.18 25, Add. 2875, 2876 OC 2510.19, 2510.20 25, Add. 2877, 2878 OC 2510.21, 2510.22 25, Add. 2879, 2880 OC 2510.23, 2510.24 51 2881, 2882 14 2510.25, 2510.26 25, Add. 2883, 2884 14 2510.27, 2510.28 25, Add. 2885, 2886 19 2510.29, 2510.30 25, Add. 2887, 2888 25, Add. 2510.31, 2510.32 25, Add. 2889, 2890 33 2510.33, 2510.34 25, Add. 2891, 2892 51 2510.35, 2510.36 51 2893, 2894 60 2510.37, 2510.38 25, Add. 2895 61 2510.39, 2510.40 25, Add. 2933, 2934 25 2510.41, 2510.42 25, Add. 2935, 2936 59 2510.43, 2510.44 25, Add. 2937, 2938 60 2510.45, 2510.46 25, Add. 2939, 2940 61 2510.47, 2510.48 25, Add. 2940.1 61 2510.49, 2510.50 25, Add. 2941, 2942 58 2510.51, 2510.52 25, Add. 2942.1 58 2510.53, 2510.54 25, Add. 2943, 2944 55 2510.55, 2510.56 25, Add. 2945, 2946 61 2511, 2512 57 2947, 2948 61 2512.1, 2512.2 57 2948.1 61 2512.2.1, 2512.2.2 57 2949, 2950 55 2512.3, 2512.4 49 2951, 2952 55 2512.5, 2512.6 50 2953, 2954 55 2512.7, 2512.8 51 2955, 2956 55 2512.9, 2512.10 57 2957, 2958 36 2512.11, 2512.12 51 2959, 2960 53 2512.13 51 2513, 2514 OC 2515, 2516 60 2516.1 60 Supp. No. 61 [5] SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and. permanent nature are codified in the Code Book and are considered "Included." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omitted." In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. Ord. NO. Date Adopted > Included/' Omitted Supp. No. 2010-18 10 -28 -10 Included 49 2010 -21 11 -18 -10 Included 49 2011 -01 1 -27 -11 Included 50 2011 -02 2 -10 -11 Included 50 2011 -03 2 -10 -11 Included 50 2011 -04 2 -10 -11 Included 50 2011 -05 4 -14 -11 Included 51 2011 -06 4 -14 -11 Included 51 2011 -07 4 -14 -11 Omitted 51 2011 -08 5.12 -11 Omitted 51 2011 -09 5 -26 -11 Included 51 2011 -10 5 -26 -11 Included 51 2011 -11 6 -23 -11 Included 51 2011 -12 6 -23 -11 Omitted 51 2011 -13 7 -14 -11 Omitted 51 2011 -14 7 -14 -11 Included 51 2011 -15 8 -25 -11 Omitted 52 2011 -16 9 -22 -11 Omitted 52 2011 -17 9 -22 -11 Omitted 52 2011 -18 9 -22 -11 Included 52 2011 -19 10 -13 -11 Included 52 2011 -21 11 -10 -11 Included 52 2011 -22 12- 8 -11 Included 52 2010 -05 3 -11 -10 Included 53 2012 -01 1 -12 -12 Omitted 53 2012 -02 3- 8 -12 Included 53 2012 -03 3 -22 -12 Included 53 2012 -04 5 -10 -12 Included 54 2012 -05 6 -28 -12 Omitted 54 2012 -06 7 -26 -12 Included 54 2012 -07 7 -26 -12 Included 54 Supp. No. 61 SH:1 NORTH PALM BEACH CODE Ord. No. =Date Adopted Included/' Omitted ` Supp. No. 2012 -08 8- 9 -12 Included 54 2012 -09 9 -27 -12 Omitted 55 2012 -10 9 -27 -12 Omitted 55 2012 -11 11- 8 -12 Omitted 55 2013 -01 1 -10 -13 Omitted 55 2013 -02 2 -14 -13 Included 55 2013 -03 3 -14 -13 Omitted 55 2013 -04 4 -25 -13 Included 55 2013 -05 3 -28 -13 Omitted 55 2013 -06 3 -28 -13 Omitted 55 2013 -07 4 -11 -13 Included 55 2013 -08 5- 9 -13 Omitted 56 2013 -09 5 -23 -13 Included 56 2013 -10 7 -11 -13 Omitted 57 2013 -11 8 -22 -13 Omitted 57 2013 -12 9 -26 -13 Omitted 57 2013 -13 9 -26 -13 Omitted 57 2013 -14 9 -26 -13 Included 57 2014 -01 1 -23 -14 Included 57 2014 -02 3 -27 -14 Included 58 2014 -03 4 -10 -14 Included 58 2014 -04 4 -10 -14 Omitted 58 2014 -05 6 -26 -14 Included 59 2014 -06 7 -24 -14 Included 59 2014 -07 8 -14 -14 Included 59 2014 -08 9 -25 -14 Omitted 60 2014 -09 9 -25 -14 Included 60 2014 -10 9 -25 -14 Omitted 60 2014 -11 9 -25 -14 Included 60 2014 -12 10 -23 -14 Omitted 60 2014 -13 12 -11 -14 Included 60 2014 -14 12 -11 -14 Included 60 2015 -01 1- 8 -15 Omitted 60 2015 -02 4- 9 -15 Omitted 61 2015 -03 3 -12 -15 Included 61 2015 -04 4- 9 -15 Included 61 2015 -05 4- 9 -15 Included 61 2015 -06 4- 9 -15 Included 61 2015 -07 4 -23 -15 Included 61 2015 -08 5 -14 -15 Omitted 61 Supp. No. 61 SH:2 Chapter 2 ADMINISTRATION* Art. I. In General, §§ 2- 1 -2 -15 Art. H. Council, §§ 2- 16 -2 -38 Div. 1. Generally, §§ 2- 16 -2 -25 Div. 2. Rules of Procedure, §§ 2- 26 -2 -38 Art. III. Administrative Code, §§ 2 -39 -2.114 Div. 1. Generally, §§ 2- 39 -2 -50 Div. 2. Audit Committee, §§ 2- 51 -2 -58 Div. 3. Department of Finance, §§ 2- 59 -2 -66 Div. 4. Department of Records, §§ 2- 67 -2 -74 Div. 5. Department of Law Enforcement (Police Department), §§ 2- 75 -2 -80 Div. 6. Fire Rescue Department, §§ 2- 81 -2 -83 Div. 7. Department of Public Works, §§ 2- 84 -2 -92 Div. 8. Department of Library, §§ 2 -93 -2 -101 Div. 9. Department of Country Club, §§ 2 -102 -2 -109 Div. 10. Department of Recreation, § 2 -110 Div. 11. Department of Community Development, §§ 2- 111 -2- 114 Art. IV. Manager, §§ 2- 115 -2 -128 Art. V. Pensions and Retirement Systems, §§ 2- 129 -2- 170.11 Div. 1. Generally, §§ 2- 129 -2 -135 Div. 2. Social Security, §§ 2- 136 -2 -145 Div. 3. Pension and Certain Other Benefits for General Employ- ees, §§ 2 -146 -2 -158 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees, §§ 2- 159 -2 -170 Div. 5. Length of Service Award Plan for Volunteer Firefighters, §§ 2- 170.01 -2- 170.11 Div. 6. ICMA Defined Contribution Pension Plan, §§ 2- 170.12- 2- 170.15 Art. VI. Code Enforcement, §§ 2 -171 -2 -250 Art. VII. Alternate Method of Code Enforcement, §§ 2 -251 -2 -256 *Charter reference — Administrative provisions generally, Art. N Cross references — Rabies control, § 4 -42 et seq.; elections, Ch. 10; fire division, § 12 -29 et seq.; library board, § 16 -16 et seq.; impersonation of village officers, § 19 -14; enforcement procedures for noise regulations, § 19 -117; local planning agency designated, § 21 -12; taxation, Ch. 26; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. Supp. No. 52 133 ( II ADMINISTRt1PION § 2 -1 ARTICLE I. IN GENERAL Sec. 2 -1. Boards and committees. (a) Purpose. The purpose of this section is to establish procedures for village boards and com- mittees. Except as specifically provided by law or ordinance, all boards and committees are advi- sory only and the existence of such advisory boards and committees does not diminish or alter the statutory or constitutional authority of the village council. (b) Scope. The provisions of this section shall apply to all village boards and committees and shall govern the conduct of all members of such boards. (c) Creation of advisory boards. The village council may, by ordinance, create a board or committee in connection with any function of the village. The ordinance creating such board shall specify the purpose, powers, and duties of the board. Nothing set forth herein shall prevent the village council from creating ad hoc committees of limited duration by resolution. (d) Records. Each board and committee shall maintain attendance records and voting records of each member and shall forward such informa- tion to the village clerk. The records shall include the reason given by the board or committee mem- ber for any absence. (e) Compensation of members. Board and com- mittee members shall serve without compensa- tion except as may be provided by ordinance or resolution of the village council. (f) General provisions. Members of village boards and committees: (1) Shall serve at the pleasure of the village council and may be removed with or with- out cause by a vote of the village council, (2) Shall be a resident of the village and maintain residency in the village during the term of appointment (unless waived by the village council) and meet such other eligibility requirements as may be established by the village council; Supp. No. 34 (3) Shall not hold any employment or office in village government or any contractual re- lationship with the village; (4) Shall serve on only one (1) village board or committee where membership on two (2) boards or committees would violate the constitutional dual office- holding prohibi- tion; (5) Shall not appear before the board or com- mittee on which they serve or the village council as an agent or attorney on behalf of any person or entity; (6) Shall not have or hold any employment or contractual relationship that will create a continuing or frequently recurring con- flict between their private interests and the performance of their public duties or that would impede the full and faithful discharge of their public duties; (7) Shall not initiate any grievance or com- plaint against any person appearing be- fore the board or committee on which they serve without the approval of the village manager; and (8) Shall attend all meetings in person and shall not participate as a member of any board or committee or vote on any matter by telephone, video conferencing, or any other electronic means. (g) Number of members. Unless otherwise pro - vided by law or ordinance, each advisory board or committee shall have five (5) regular members and two (2) alternative members, designated as the first alternate and the second alternate. At the beginning of each meeting, the chairperson of the board or committee shall publicly announce whether first alternate and/or the second alter- nate will be participating in votes taken by the board or committee. 134.1 (h) Terms of members. (1) The terms of members shall be estab- lished in the ordinance creating the board or committee. (2) Members whose terms have expired shall continue to serve until their successors are appointed. § 2 -1 NORTH PALM BEACH CODE: (3) Board and committee members may be at least forty -eight (48) hours notice is reappointed to successive terms. given to each member and to the village (i) Officers. clerk. (1) All boards and committees shall, at a meeting during the month of May, elect a chairperson, a vice- chairperson, and any other officers as the board deems neces- sary. The chairperson shall preside at board meetings and shall be the official spokesperson for the board. (2) The vice - chairperson shall assume the duties of the chairperson in the absence of the chairperson. At any meeting where the chairperson and the vice - chairperson are absent, the board or committee shall appoint a chairperson pro tempore to as- sume the duties of the chairperson. 0) Rules. Each board and committee shall adopt rules and regulations regarding the manner of conducting its meetings, which shall be consistent with the rules and regulations prescribed by the village council. Each board and committee shall adhere to the basic rules of parliamentary proce- dure, which require that: (1) All items of business and motions that are properly before the board or committee are fully and freely discussed; (2) Only one (1) issue or motion be considered at a time; (3) All members direct their remarks to the chairperson and wait to be recognized by the chairperson; (4) While majority rules, the rights of the minority are protected by assuring them the ability to speak and vote; and (5) All members refrain from making per- sonal remarks or otherwise attacking the motives of other members. (k) Meetings. (1) Meetings shall be held at the call of the chairperson, at such other times as the board or committee may determine, or as otherwise provided by law or ordinance. Special meetings shall not be held unless Supp. No. 34 134.2 (2) Members shall notify the chairperson if they are unable to attend a meeting. If a quorum will not be present, the scheduled meeting shall be cancelled. (3) Minutes shall be kept of the proceedings at each meeting and shall record the offi- cial acts taken by the board or committee. Minutes shall be transmitted to, and main- tained by, the village clerk. (4) All meetings and public hearings of vil- lage boards and committees shall be open to the public. All meetings shall be gov- erned by Government -in- the - Sunshine Law, as set forth in F.S. § 286.011. (1) Quorum and required vote. (1) Unless otherwise provided by law or ordi- nance, a quorum for the transaction of business shall consist of three (3) mem- bers. (2) The affirmative vote of a majority of those present shall be necessary to take official action. If any motion fails to achieve the affirmative vote of a majority of those present, then such petition or other mat- ter shall be deemed denied. (m) Removal of members. (1) Unless waived by the village council, any member who no longer resides within the village during his or her term shall auto- matically cease to be a member of the board or committee and shall inform the village clerk's office. (2) If any member of a board or committee is absent from three (3) consecutive regular meetings or twenty -five (25) percent of the regular meetings within any twelve- month period, the chairperson shall notify the village council of such absences in writing. Upon consideration of the circum- stances pertaining to the member's ab- sences, the village council may retain the 1 l 0 ADMINISTRATION (6) Examine books. Examine the books of each 'department, from time to time, and see that they are kept in proper form. § 2 -67 as new processes and procedures to en- sure efficiency, accuracy, and maximum productivity. (7) Responsibility for proceeds of bonds. De- (14) Ensures the validity, reliability, and integ- posit the proceeds of all sales of bonds in rity of all financial, statistical, and ac- village accounts immediately after he shall counting data related to the village's fi- have received the same; until such de- nancial systems. posit, he shall be responsible for the amount (Code 1970, § 2 -37; Ord. No. 30 -2001, § 4, 10 -11- thereof. 01) (8) Accounts of receipts and expenditures. Keep in proper books, a full and accurate ac- count of all the moneys received and dis- bursed by him in behalf of the village, specifying the time of receipt and disburse- ment, from whom received and to whom disbursed, and on what account received and disbursed, and how paid. (9) Cancellation of evidences of debt. Cancel all warrants and other evidences of debt, against the village, whenever paid by him, by writing or stamping across the face thereof the words "Paid by the Village Finance Director," with the date of pay- ment written or stamped thereon. (10) Receive and disburse moneys. Receive and have custody of all moneys paid to the village and shall disburse all village mon- eys. (11) Pay village employees. Pay village employ - ees upon presentation of the properly cer- tified payroll. (12) Collect moneys and fees due village. De- mand and receive all moneys and fees owing to the village whenever any person is indebted to the village in any manner, and the means of collection of such debt is not otherwise provided by law. When any claim shall not be collectible by other methods, he shall report the same to the village attorney for prosecution. (13) Is responsible for the design, implemen- tation and application of accounting and financial recording systems and proce- dures; ensures the development and im- plementation of internal controls, as well Supp. No. 28 140.1 Secs. 2- 60 -2 -66. Reserved. DIVISION 4. DEPARTMENT OF RECORDS* Sec. 2 -67. Village clerk; duties. The department of records shall consist of a village clerk, who shall: (l) Serve as clerk of council. Serve as clerk of the council and perform such other duties of a like nature as shall be required by that body. (2) Keep records of council. Be responsible for the recording, filing, indexing and safe- keeping of all proceedings of the council. (3) Record ordinances. Record in full, uni- formly and permanently, all ordinances and shall authenticate the same. (4) Public council action. Publish all adopted ordinances and resolutions of the council, and all legal notices required by law or ordinance. (5) Keep election records. Keep and maintain all election records and have custody of all property used in connection with elec- tions. (6) Keep vital statistics. Prepare, attest and report on the vital statistics of the village. (7) Notice of expiration of term. Notify the appointing authority of the impending expiration of the term of office of a mem- ber of any board or commission, such notice to be given at least thirty (30) days before such expiration. "Cross reference — Certain personnel information ex- empt from public disclosure, § 2 -3. a § 2-67 NORTH PALM BEACH CODE (8) Keep official seal. Be the custodian of the official seal of the village. (Code 1970, § 2 -38) Sec. 2 -68. Deputy village clerk— Appoint- ment. The deputy village clerk shall be appointed by the village clerk, subject to confirmation of such appointment by majority vote of the members of the village council. The village council shall not recommend a person to be appointed by the vil- lage clerk, but shall have the power to withhold confirmation of any person recommended for ap- pointment by the village clerk until the village council is satisfied with the person recommended by the village clerk to be deputy village clerk. (Ord. No. 17 -79, § 2, 8 -9 -79) Sec. 2 -69. Same — Duties. The deputy village clerk shall: (1) During the absence or disability of the village clerk, perform the duties of village clerk. (2) Perform such duties as are assigned to her by the village clerk in accordance with the responsibilities of the village clerk as set forth in section 2 -67 of this Code. (3) At the direction of the village clerk, per- form such additional services as may be required by the departments managed by the village manager. (Ord. No. 17 -79, § 2, 8 -9 -79) Secs. 2- 70 -2 -74. Reserved. Supp. No. 28 140.2 i 1 ADMINISTRATION DIVISION 5. DEPARTMENT OF LAW (4) Marine unit; ENFORCEMENT (POLICE DEPARTMENT)* (5) Canine unit; Sec. 2 -75. Chief of police's duties. The chief of police shall direct and oversee the operations and budgeting of the police depart- ment, including the planning and direction of all law enforcement personnel in the village. The chief of police designs and implements various law enforcement programs and is responsible for the maintenance of law and order. (Code 1970, § 2 -39; Ord. No. 2011 -21, § 3, 11 -10- 11) Editor's note —Ord. No. 2011 -21, § 3, adopted Nov. 10, 2011, changed the title of § 2 -75 from director's duties to chief of police's duties. Sec. 2 -76. Composition. (a) Generally. The police department shall be composed of the following divisions, each of which is commanded by a police captain: operations and operations support. (b) Operations division. The operations divi- sion consists of four (4) road patrol squads, each supervised by a patrol sergeant. Each day squad generally includes a police motorcycle officer. In addition to road patrol, the operations division includes the following law enforcement compo- nents: (1) Police service aides; (2) School crossing guards; and (3) Bicycle patrol. (c) Operations support division. The opera- tions support division shall consist of the follow- ing components: (1) Criminal investigations, including crime scenes and evidence (conduct the investi- gation of crimes and prepare evidence for the prosecution of criminal cases); (2) Records; (3) Communications; *Editor's note —Ord. No. 2011 -21, § 3, adopted Nov. 10, 2011, changed the title of Div. 5 from department of public safety to department of law enforcement (police department). Cross reference — Police, Ch. 23. Supp. No. 52 141 (6) Police explorers; and § 2 -82 (7) Police reserve officers. (Code 1970, § 2 -39; Ord. No. 21 -2005, § 1, 9- 22 -05; Ord. No. 2011 -21, § 3, 11- 10 -11) Editor's note —Ord. No. 2011 -21, § 3, adopted Nov. 10, 2011, changed the title of § 2 -76 from divisions to composition. Secs. 2- 77 -2 -80. Reserved. DIVISION 6. FIRE RESCUE DEPARTMENT Sec. 2 -81. Fire chiefs duties. The fire chief shall direct and oversee the operations and budgeting of the fire department, the planning and direction of all fire rescue per- sonnel in the village and the implementation of the department's fire suppression and emergency medical services programs. The fire chief shall also be responsible for the enforcement of the fire code. (Ord. No. 2011 -21, § 3, 11- 10 -11) Sec. 2 -82. Functions. The fire rescue department shall be charged with the prevention of fires and the protection of life and property against fire and shall: (1) Report losses. Report all fire losses to the village manager. (2) Maintain equipment. Be responsible for the maintenance and care of all property and equipment used by the department. (3) Fire fighting. Be responsible for the extin- guishing of fires, the saving of life and property from fire, and the performance of various miscellaneous public services of an emergency nature. (4) Fire prevention. Be responsible for the inspection of potential fire hazards, the abatement of existing fire hazards and the conducting of an education fire pre- vention program. § 2 -82 NORTH PALM BEACH CODE (5) Emergency medical services. Provide emer- gency medical and trauma treatment and emergency transportation in and for the village. (6) Disaster response. Respond to natural and man -made disasters, protect life and prop- erty, evaluate the scope and magnitude of the disaster and request additional re- sources from the appropriate agencies to mitigate the disaster when necessary. (Ord. No. 2011 -21, § 3, 11- 10 -11) Sec. 2 -83. Composition. (a) The fire rescue department shall employ an adequate force of personnel, certified by the state as both firefighters and either emergency medical technicians or paramedics, to meet the minimum countywide level of service standard. (b) The department shall employ an adequate number of personnel, certified by the state as fire inspectors, to enforce the fire code through the inspection of new and existing properties and the review of building plans for new projects and renovations for code compliance. (c) The department shall maintain a volunteer force of personnel, certified by the state as both firefighters and either emergency medical techni- cians or paramedics, willing to serve without compensation to supplement the employed force. (Ord. No. 2011 -21, § 3, 11- 10 -11) DIVISION 7. DEPARTMENT OF PUBLIC WORKS* Sec. 2 -84. Director's duties. The director of public works shall be responsi- ble for all matters relating to construction, man- agement, maintenance and operation of the phys- ical properties of the village. (Code 1970, § 2 -40; Ord. No. 2006 -23, § 2, 11 -9 -06) Cross reference — Director of public works to erect signs at public park and recreation facility entrances, § 20 -1(6). *Editor's note —Ord. No. 2011 -21, § 3, adopted Nov. 10, 2011, renumbered the former Art. III, Div. 6 as Art. III, Div. 7. See the editor's note to Art. III, § 12 of the Charter. Cross references — Garbage, trash and refuse, § 14 -16 et seq.; parks, playgrounds and recreation, Ch. 20; streets, sidewalks and public places, Ch. 24. Supp. No. 52 142 Sec. 2 -85. Divisions. The department of public works shall be man- aged under the director of public works using the following divisions: (1) Division of facility and fleet maintenance, which shall repair and maintain all vil- lage owned buildings, irrigation systems, street and ballfield lights, electrical, me- chanical and plumbing systems, perform custodial services, and maintain and pro- vide for village use of all automotive equip- ment owned by the village. The division's duties responsibilities, as described herein, shall not include the North Palm Beach Country Club. (2) Refuse disposal division, which shall col- lect, transport and dispose of all garbage, vegetation, recycled materials and rub- bish. (3) Street maintenance division, which shall maintain street, swale and village facility vegetation (excluding parks) and provide for adequate stormwater drainage on all streets, sidewalks and bridges. (Code 1970, § 2 -40; Ord. No. 24 -2001, §§ 1, 2, 8 -9 -01; Ord. No. 22 -2005, § 1, 8- 30 -05; Ord. No. 2006 -23, § 2, 11 -9 -06) Secs. 2- 86 -2 -92. Reserved. DIVISION 8. DEPARTMENT OF LIBRARY' Sec. 2 -93. Librarian. The department of library shall be supervised by the village librarian, who shall operate and maintain the free public library. (Code 1970, § 2 -41) Secs. 2 -94-2 -101. Reserved. 'Editor's note —Ord. No. 2011 -21, § 3, adopted Nov 10, 2011, renumbered the former Art. III, Div. 7 as Art. III, Div. 8. Cross reference — Library, Ch. 16. Chapter 21 PLANNING AND DEVELOPMENT* Art. I. In General, §§ 21.01 -21.10 Art. H. Planning Commission, §§ 21.11 - 21.20 Art. M. Board of Adjustment, §§ 21.21 -21.40 Art. W. Concurrency Management, §§ 21.41 -21.60 Art. V. Stormwater Management, §§ 21.61 - 21.100 Art. VI. Archaeological Site Protection Regulations, §§ 21- 101 - 21.108 *Cross references — Administration, Ch. 2; boats, docks and waterways, Ch. 5; buildings and building regulations, Ch. 6; bulkhead lines, Ch. 7; civil emergencies, Ch. 8; electricity, Ch. 11; fire prevention and protection, Ch. 12; housing, Ch. 15; streets, sidewalks and public places, Ch. 24; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. Supp. No. 4 1343 j �' PLANNING AND DEVELOPMENT ARTICLE I. IN GENERAL Sec. 21 -01. Comprehensive plan — Adoption. Pursuant to the provisions of the "Local Gov- ernment Comprehensive Planning and Land De- velopment Regulation Act," F.S. section 163.161 et seq., the village hereby adopts the comprehen- sive plan of the village. A copy of the comprehen- sive plan of the village is attached to Ordinance No. 23 -89 and made a part thereof as exhibit A. (Ord. No. 23 -89, § 1, 11 -9 -89) Editor's note — Ordinance No. 23 -89, adopted Nov. 9, 1989, specifically amend this Code; hence, inclusion of § 1 as § 21 -01 was at the discretion of the editor. Exhibit A is not printed herein, but is on file and available for reference in the office of the village clerk. Sec. 21 -1. Same — Filing fees and costs for changes. (a) Enactment and authority. Pursuant to F.S. chapter 163, the village does hereby ordain and enact into law these additional requirements for amendments to the village comprehensive plan. (b) Jurisdiction. These regulations shall gov- ern all petitions to amend the village comprehen- sive plan. (c) Fees; application. All petitions to amend the village comprehensive plan shall be done by application to the village council. The application to the village council may be made by any owner of property located within the village. Such appli- cation shall be filed with the building department of the village, which shall transmit the same, together with all legal descriptions, ownership information, requested change to the comprehen- sive plan, etc., to the village council. Any such application must be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget together with a deposit of the estimated costs of the village in processing the application. Upon the village determining the actual costs, applicants shall pay the balance, if any, in full of such costs including advertising and cost of review by the village engineer prior to final consideration of the appli- cation. If the deposit exceeds actual costs, the balance shall be refunded to applicant. Supp. No. 60 1345 § 21 -2 (d) Advice of planning commission. Prior to considering an amendment to the comprehensive plan of the village, the village council shall seek the advice of the planning commission of the village. (Ord. No. 18 -87, § 1, 11- 12 -87; Ord. No. 06 -2001, § 2, 3- 22 -01; Ord. No. 2014 -09, § 13, 9- 25 -14) Editor's note — Ordinance No. 4 -86, § 1, adopted April 24, 1986, repealed former § 21 -1 which pertained to the intent to proceed under state regulations and derived from Ord. No. 6 -77, adopted April 28, 1977. Subsequently, § 1 of Ord. No. 18 -87, adopted Nov. 12, 1987, purported to amend the Code by adding thereto a new Ch. 41, §§ 41- 1 -41 -4. For purposes of classification the editor, at his discretion, has redesignated the substantive provisions of the ordinance as § 21 -1. Sec. 21 -2. Filing fees and costs for volun- tary annexation of land. (a) Enactment and authority. Pursuant to F.S. chapter 170, the village does hereby ordain and enact into law these additional requirements for annexation. (b) Jurisdiction. These regulations shall gov- ern all voluntary annexation of lands into the corporate limits of North Palm Beach hereafter. (c) Fees; application. All applications for vol- untary annexation of land to the village shall be done by application to the village council. The application to the village council may be made by any property owner of property contiguous to the village. Such application shall be filed with the building department of the village, which shall transmit the same, together with all legal descrip- tions, ownership information, etc., to the village council. Any such application must be accompa- nied by a filing fee of two hundred dollars ($200.00) together with a deposit of the estimated costs of the village in processing the application. Upon the village determining the actual costs, appli- cants shall pay the balance, if any, in full of such costs including advertising and cost of review by the village engineer prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant. § 21 -2 NORTH PALM BEACH CODE (d) Advice of planning commission. Prior to annexation, the village council shall seek the advice of the planning commission of the village as to the proposed annexation. (Ord. No. 19 -87, § 1, 11- 12 -87; Ord. No. 06 -2001, § 3, 3- 22 -01) Editor's note — Section 1 of Ord. No. 19 -87, adopted Nov. 12, 1987, purported to amend the Code by adding thereto a new Ch. 40, §§ 40- 1 -40 -4. For purposes of classification, the editor, at his discretion, has redesignated the substantive provisions of the ordinance as § 21 -2. Sec. 21 -3. Public notice requirements for de- velopment applications and ap- provals. (a) Requirements. In addition to those require- ments imposed by state law, public notice shall be provided as set forth below: *Number of calendar days prior to date of public hearing. ** The notice requirements for variances shall include all variances relating to the zoning code (chapter 45), the dock and waterway regulations (chapter 5), and the sign regulations (chapter 6). (b) Mailing requirements. d. Name, address and telephone num- ber of the office where additional (1) Contents. Unless otherwise required information can be obtained; and herein, mail notice of a public hearing e. Location and times where proposed shall contain the following information: ordinance or development order ap- a. Title and substance of proposed or- plication may be reviewed. dinance or development order; (2) All notices shall be provided by first -class mail, unless otherwise required by com- b. Time, date and location of the public munity development director. Mail notice hearing; shall be postmarked no later than the C. Location of the property affected by minimum number of calendar days as the application with reference to the required in subsection (a) above. nearest intersection of two (2) or (3) Mail for all privately initiated applica- more streets; tions shall be provided to all property Supp. No. 60 1346 Planning Commission/LPA/Zoning Board of Village Council Adjustment Mail* Newspaper* Post* Mail* Newspaper Post* Rezoning 10 7 15 10 Statutory 15 notice for or- dinance adoption Large -scale 10 7 15 10 Statutory 15 Comprehen- notice for or- sive Plan dinance Amendment adoption Small -scale 10 7 15 10 Statutory 15 Comprehen- notice for or- sive Plan dinance Amendment adoption Variance ** 7 7 10 N/A N/A N/A Planned Unit 10 7 15 10 Statutory 15 Development notice for or- dinance adoption *Number of calendar days prior to date of public hearing. ** The notice requirements for variances shall include all variances relating to the zoning code (chapter 45), the dock and waterway regulations (chapter 5), and the sign regulations (chapter 6). (b) Mailing requirements. d. Name, address and telephone num- ber of the office where additional (1) Contents. Unless otherwise required information can be obtained; and herein, mail notice of a public hearing e. Location and times where proposed shall contain the following information: ordinance or development order ap- a. Title and substance of proposed or- plication may be reviewed. dinance or development order; (2) All notices shall be provided by first -class mail, unless otherwise required by com- b. Time, date and location of the public munity development director. Mail notice hearing; shall be postmarked no later than the C. Location of the property affected by minimum number of calendar days as the application with reference to the required in subsection (a) above. nearest intersection of two (2) or (3) Mail for all privately initiated applica- more streets; tions shall be provided to all property Supp. No. 60 1346 PLANNING AND DEVELOPMENT § 21 -3 owners of record, excluding property owned by the applicant, within five hundred (500) Supp. No. 60 1346.1 C PLANNING AND DEVELOPMENT § 21 -11 feet of the property to which the develop- (b) Membership. ment order application or amendment re- lates. (1) Terms; vacancies; alternate members. The (4) The list of property owners shall be de- planning commission shall consist of five rived from the most recent official tax roll (5) members who shall serve for two -year of Palm Beach County. The applicant shall terms and two (2) alternates who shall provide an affidavit attesting to the com- serve for one -year terms. At the first ap- pleteness and accuracy of the property pointment of members to the planning owner's list. commission, three (3) regular members shall be appointed for a term of two (2) (5) The applicant shall provide and mail all years, two (2) regular members shall be required notices, and provide an affidavit appointed for a term of one (1) year, and that notice was sent to all property own- thereafter each appointment shall be for ers included in the property owner's list. two -year terms. All terms shall take effect (c) Posting requirements. on the first day of May of each year. (1) The applicant shall provide the signs, Alternate members of the commission shall subject to the criteria for size and con- be appointed on the same day that regu- tents established by the community devel- lar members are appointed. The planning opment director. commission shall consist of one (1) land (2) The applicant shall install the signs in a use planner or architect, one (1) architect, workmanlike manner. All signs should be one (1) civil engineer, one (1) person en- installed so as to withstand normal weather gaged in business within the corporate limits of the village, and a fifth member Cevents. l who need not be engaged in any particu- (3) The applicant shall post one (1) sign per lar business or profession. All vacancies five hundred (500) feet of lineal right -of- on the planning commission shall be filled way, with a minimum of one (1) sign per within thirty (30) days so as to maintain frontage. the composition of the commission as set (4) The applicant shall provide, at least three forth above. Alternate members of the (3) days prior to the public hearing, a planning commission shall be appointed photograph of the sign and an affidavit as first alternate and second alternate attesting to the date of installation and and shall serve in that order when neces- the number of signs. sary. The members shall serve at the (d) Newspaper requirements. The applicant shall pleasure of the village council. be responsible for all costs associated with news- paper advertisements. (2) Chairman; quorum; compensation. The (Ord. No. 2009 -16, § 2, 11- 12 -09) members of the planning commission shall elect a chairman from among its mem- Secs. 21- 4- 21 -10. Reserved. bers. The presence of three (3) or more members shall constitute a quorum of the planning commission. The members shall ARTICLE II. PLANNING COMMISSION* serve without compensation. Sec. 21 -11. Composition; conduct generally. (a) Created. A planning commission for the village is hereby created. *Editor's note — Article II, §§ 21 -11, 21 -12, was included at the editor's discretion, being derived from Ord. No. 6 -77, § 2, adopted April 28, 1977, and Ord. No. 4 -78, § 2, enacted Mar. Supp. No. 4.5 1347 23, 1978. Section 1 of Ord. No. 4 -78 repealed former § 21 -1, pertaining to the designation of the local planning agency, derived from Ord. No. 9 -76, § 1, adopted May 27, 1976. Cross reference — Duties and powers of planning commis- sion concerning appearance code, § 6 -36. State law reference —Local government comprehensive planning and land development regulation act, F.S. § 163.3161 et seq. § 21 -11 NORTH PALM BEACH CODE (c) Meetings. The planning commission shall meet at least once each month on a date to be determined by the planning commission. (d) Powers, duties. The planning commission shall have the following powers and duties: (1) Perform any duties which lawfully may be assigned to it by the village council. (2) Perform any other duties which may be assigned to it under this Code. (3) The planning commission of the village is hereby designated as the governmental entity to act as the "local planning agen- cy" in accordance with chapter 163, Flor- ida Statutes. (e) Removal. If a member of the advisory board or a designated alternate of the board is absent from three (3) regularly- scheduled meetings of the board within any twelve (12) consecutive month period without such absence being excused by majority vote of the board, the chairman of the board shall promptly notify the village council. The council may thereafter declare the member's office vacant and promptly fill such vacancy for the unexpired term of office. (Ord. No. 6 -77, § 2, 4- 28 -77; Ord. No. 4 -86, § 2, 4- 24 -86; Ord. No. 18- 2001, § 5, 6- 28 -01) Sec. 21 -12. Changes to zoning ordinances. (a) The village council may amend or supple- ment the regulations and districts fixed by any zoning ordinance adopted pursuant to this act (Local Government Comprehensive Planning and Land Development Regulation Act) after referral and recommendations of the planning commis- sion. Proposed changes may be suggested by the village council, by the planning commission, or by the petition of the owners of fifty -one (51) percent or more of the area involved in the proposed change. In the latter case, the petitioners may be required to assume the cost of public notice and other costs incidental to the holding of public hearings. (b) The planning commission, regardless of the source of the proposed change, shall hold a public hearing or hearings thereon, with due public notice, but shall in any case, if any change is to be considered by the planning commission, submit in Supp. No. 45 1348 writing its recommendations on the proposed change to the village council for official action. The village council shall hold a public hearing thereon, with due public notice, if any change is to be considered and shall then act on the proposed change. If the recommendation of the planning commission is adverse to the proposed change, such change shall not become effective except by an affirmative vote of a majority of the entire membership of the village council, after due pub- lic notice. (Ord. No. 4 -78, § 2, 3- 23 -78; Ord. No. 4 -86, § 3, 4- 24 -86) Secs. 21- 13- 21 -20. Reserved. ARTICLE III. BOARD OF ADJUSTMENT Sec. 21 -21. Composition; conduct generally. (a) Created. A board of adjustment for the village is hereby created. (b) Membership; terms; alternates; compensa- tion. The board of adjustment shall consist of five (5) persons who shall serve for three -year terms and two (2) alternates who shall serve for one- year terms. At the first appointment of members to the board of adjustment, two (2) regular mem- bers shall be appointed for a term of three (3) years, two (2) regular members shall be appointed for a term of two (2) years, and one (1) regular member shall be appointed for a term of one (1) year. Thereafter, each appointment shall be for a three -year term. All terms shall take effect on the first day of May of each year. Alternate members of the board of adjustment shall be appointed on the same day that regular members are ap- pointed. Alternate members of the board of ad- justment shall be appointed as first alternate and second alternate and shall serve in that order when necessary. The members shall serve at the pleasure of the village council. Members shall serve without compensation. The board of adjust- ment shall meet as often as the demand necessi- tates. (c) Powers, duties. The board of adjustment shall have the following powers and duties: (1) Appeals. To hear and decide appeals when it is alleged that there is error in any i APPENDIX A-- APPEARANCE PLAN INTRODUCTION What we see daily in our community, consciously and unconsciously, influences our lives. Good. community appearance is the product of orderly and harmonious relationships established between man -made objects and nature. A pleas - ing and attractive scene results from skillful cornbinations and interrelations of these, elements bf contrasts and similarities. Appearance has a direct bearing on the economic value of property. When the appearance of public areas, business establishments, and the residen- tial community is good, shoppers, businessmen, and home owners are all attracted to the commu- nity. Poor appearance, congestion, and lack of proper maintenance bring about blight, decay, decreased property values, and loss of revenues. New bu.ilding programs, along with improvement and. preservation of the existing, are necessary in order to maintain good community appearance. Expanded building programs and land develop- ments have greatly reduced. open spaces in our towns —an awareness of the importance of good, design and land use has resulted. Government bodies and private agencies are seeking ways to revitalize our cities and towns. The recogi-iition of this need to protect the distinctive character of our communities and their beauty has elicited sympathetic judicial decisions in matters involv- ing esthetics. SECTION I BASIS FOR THE APPEARANCE PLAN The North Palm Beach Village Council adopted an Appearance Code, Ordinance Number 4 -71, on May 27, 1971. This Ordinance provided for the appointment of anAppearance Board which would concern itself with and. act in matters affecting the physical appearance of designated areas. The Board was empowered to develop an Appear- ance Plan to serve as standards or guidelines for physical developments in the Village. The Plan as amended, following public hearings, was adopted by the North Palm Beach Village Council, by Ordinance Number 3 -72, dated 1.0 Feb. 1.972. Stipp. No. 33 2045 §II The Appearance Ordinance, and applicable sec- tions of the Appearance Plan, will be adminis- tered through the Office of the North Palm Beach Director of community development, with the Appearance Board acting upon .matters relating to appearance as authorized by the Appearance Code. (Ord. No. 2006 -24, § 2.J, 11-9 -06) SECTION II STATEMENT OF POLICY To function in a manner most appropriate to its responsibility, a .municipal board should act in the public interest and welfare as a servant of the people, and operate consistently within 'its juris- diction. It should be completely fair and objective in all public matters, impartial and understand- ing, and above and beyond reproach. Hit can also be a source of inspiration, encouragement, and leadership, it fulfills the public trust. Consequently the POLICY of the Appearance Board is to: Operate in all matters brought before it, in an objective and understanding manner, free from discrimination and selfish interests, and above and beyond reproach. Work toward the esthetic growth of the com- munity and against deterioration of its visual character, harmony, and beauty. Encourage and inspire both public and private participation in the enhancement of commu- nity appearance and provide the necessary leadership. Act as counselor, guide, and consultant on matters of appearance to those who desire to develop, redevelop, maintain, or improve prop- erties which are under the jurisdiction of the Board. Participate in matters regarding appearance with other governmental, municipal, civic or private bodies, and enhance communication, understanding, and appreciation between them and the Appearance Board. OBJECTIVES are the f'ost:ering of': Greater interest in the development and rede- velopi ent of'business, multi- family, and public areas with an emphasis on appearance as it j '� § if NOIt'1'iI. i'AI,N1 PliACFi CODE relates to each specific project, its surround- ings, and the community, by giving encourage- ment, guidance, and direction. Better maintenance of properties through en- couragement of preservation, upkeep, protec- tion, and care. Modifications or additions to existing ordi- nances as they pertain to improving commu- nity appearance. G reater public interest and enth usiasin in over- all community beauty, appearance, cleanliness, and order. SECTION III AREAS OF JURISDICTION AREAS AND ELEMENTS UNDER JURISDIC- TION The jurisdictional areas of the Appearance Board are all areas within the Village of North Palm Beach that are zoned: R1 SINGLE - FAMILY DWELLING DIS- TRICT— Applies to all usages except single family and their normal acces- sory buildings R2 MULTIPLE- FAMILY .DWELLING DIS- TRICT R3 APARTMENT DWELLING DISTRICT CA COMMERCIAL DISTRICT CIA LIMITED COMMERCIAL DISTRICT CB COMMERCIAL DISTRICT C1. NEIGHBORHOOD COMMERCIAL DISTRICT C2 AUTOMOTIVE COMMERCIAL DIS- TRICT C3 REGIONAL BUSINESS DISTRICT P PUBLIC DISTRICT C -OS CONSERVATION AND OPEN SPACE CC T.R•ANSITIONAL COMMERCIAL DIS- 'T'RICT NBOZ NORTHLAKE BOULEVARD OVER- LAY ZONING DISTRICT. (Ord. No. 19 -95, § 1., 7- 13 -95; Ord. No. 06 -2003, § 1, 2- 27 -03; Ord. No. 11- 2003, § 1, 4-1.0-03) Supp. No, 33 2046 FUTURE ZONING CLASSIFICATIONS AS DE- TERMINED BY VILLAGE ORDINANCE These areas include both privately and publicly owned properties. Elements within these areas include: Improved and unimproved land, including open spaces, streets and parkways, playgrounds, gardens, malls, waterways, yards, rights -of= way, and other elements. External architectural features of buildings and structures of all types, existing and future, visible to the eye, and above grade. Landscaping, land topography and plant life, natural and man -made. Walks, drives, parking areas, and plazas. Exterior furniture, hardware, signs and mark- ers, posts and fences, barriers, lights and light- ing, supplementary structures and appurte- nances. AREAS OF PARTICULAR NOTE AND THEIR ADDED REQUIREMENTS The following is a list of natural and man -made areas and thoroughfares of particular note with their descriptions and added requirements. OCEAN LEACH AND STATE ROAD 703 The existence of the ocean on our east imparts more directional and esthetic influence than any other natural attribute. We should main- tain an awareness of it in the development of the community. It is felt that it is essential to maintain and develop physical and. visual con- tact with it through vistas, overlooks, adjacent roads and access parts. The ridge between State Road 703 and the beach should be pre- served as it provides a natural barrier between traffic and the beach, and defines the beach as an entity in .itself. State Road 703 is a north - south highway between the Intracoastal Water- way and the ocean traversing the length of North Palm Beach. It is the only .man -made artery where the true character of the coastal community can be experienced in its fullness. Its variance in elevation allows unparalleled views of the ocean and of the sloping terrain to the Intracoastal Waterway. The natural topog- raphy of the slope as well as the ocean ridge ' APPENDIX A— APPEARANCE PLAN C l_ must be preserved. The natural landscape ad- jacent to this artery is all but destroyed in other South Florida communities. This land- scape must be fully considered and preserved to the greatest extent in development, and because openness both to the east and west must be maintained, buildings shall be de- signed and sites planned in such a manner as to allow maximum visual contact Supp. No. 25 2046.1 0 § III APPENDIX C ZONING* *Editor's note -The zoning ordinance of the village, and amendments thereof, are printed herein as set out in the 1970 Code of the village. Amendatory provisions adopted after August 14, 1969, the cut -off date for the 1970 Code, are cited in parentheses following the amended section. Words appearing in brackets [ l herein have been added by the editor for clarification, except that obviously misspelled words have been corrected without notation. Ordinances changing the zoning maps are not included herein. The zoning map referred to in this ordinance is not printed herein but is on file. The zoning ordinance of the village was included as Chapter 45 of 1970 Code, hence the prefix "45" to the section numbers. Cross references - Enforcement of App. C by code enforcement board, § 2 -171 et seq.; home occupations, § 17 -2; planning and development, Ch. 21; streets, sidewalks and public places, Ch. 24; appearance plan, App. A; subdivision regulations, App. B. Supp. No. 60 2479 Page Article I. In General ....................... ............................... 2480.1 Sec. 45 -1. Short title ............. ............................... 2480.1 Sec. 45 -2. Definitions ............. ............................... 2480.1 Sec. 45 -3. Interpretation of provisions ............................ 2483 Sec. 45 -4. Conflict of provisions ... ............................... 2483 Sec. 45 -5. Changes and amendments ............................. 2483 Sec. 45 -6. Penalty for violation of provisions ...................... 2483 Secs. 45- 7- 45 -15. Reserved ...... ............................... 2484 ArticleII. Generally ........................ ............................... 2484 Sec. 45 -16. Division of village into districts; districts enumerated... 2484 Sec. 45 -16.1. Similar uses ........ ............................... 2484 Sec. 45 -17. Official zoning map .... ............................... 2485 Sec. 45 -18. Boundary conflict interpretations ...................... 2486.1 Sec. 45 -19. Buildings and uses to conform to district regulations. .. 2486.1 Sec. 45 -20. Adult entertainment establishment .................... 2486.1 Sec. 45 -21. Telecommunications antenna and antenna towers...... 2486.5 Sec. 45 -22. Oceanfront land -Ocean setback ...................... 2487 Sec. 45 -23. Emergency generators required for automotive service stations.............. ............................... 2487 Secs. 45- 24- 45 -26. Reserved ..... ............................... 2487 Article III. District Regulations ............ ............................... 2487 Sec. 45 -27. R -1 single - family dwelling district ..................... 2487 Sec. 45 -28. R -2 multiple - family dwelling district ................... 2490 Sec. 45 -29. Reserved ............. ............................... 2492 Sec. 45 -30. R -3 apartment dwelling district ....................... 2492 Sec. 45 -31. C -A commercial district ............................... 2493 Sec. 45 -31.1. CB commercial district .............................. 2498.1 Sec. 45 -32. C -1A limited commercial district ...................... 2502 Sec. 45 -32.1. CC Transitional commercial district .................. 2504.1 Sec. 45 -33. C -1 neighborhood commercial district .................. 2504.1 Sec. 45 -34. Commercial district ... ............................... 2504.4 Sec. 45 -34.1. C -3 regional business district ........................ 2504.6 Sec. 45 -35. Public district ......... ............................... 2509 Sec. 45 -35.1. Planned unit development . ......................... 2509 Sec. 45 -35.2. C -OS conservation and open space district............ 2510.2 Sec. 45 -35.3. Northlake Boulevard Overlay Zoning District (NBOZ). 2510.2 Sec. 45 -36. General provisions .... ............................... 2512 *Editor's note -The zoning ordinance of the village, and amendments thereof, are printed herein as set out in the 1970 Code of the village. Amendatory provisions adopted after August 14, 1969, the cut -off date for the 1970 Code, are cited in parentheses following the amended section. Words appearing in brackets [ l herein have been added by the editor for clarification, except that obviously misspelled words have been corrected without notation. Ordinances changing the zoning maps are not included herein. The zoning map referred to in this ordinance is not printed herein but is on file. The zoning ordinance of the village was included as Chapter 45 of 1970 Code, hence the prefix "45" to the section numbers. Cross references - Enforcement of App. C by code enforcement board, § 2 -171 et seq.; home occupations, § 17 -2; planning and development, Ch. 21; streets, sidewalks and public places, Ch. 24; appearance plan, App. A; subdivision regulations, App. B. Supp. No. 60 2479 NORTH PALM BEACH CODE Page Sec. 45 -37. Historic site overlay district ........................... 2512.10 Secs. 45- 38,45 -39. Reserved ...... ............................... 2515 Articles IV, V. Reserved .................... ............................... 2515 Secs. 45- 40- 45 -48. Reserved ..... ............................... 2515 Article VI. Amendments —Fees; Waiting Periods .......................... 2515 Sec. 45 -49. Applications for rezoning, etc ......................... 2515 Sec. 45 -50. Application for variances ............................. 2516 Secs. 45- 51 -45 -59. Reserved ..... ............................... 2516 Article VII. Nonconforming Uses of Land and Structures ................ 2516 Sec. 45 -60. Intent ................ ............................... 2516 Sec. 45 -61. Extension and enlargement ........................... 2516 Sec. 45 -62. Nonconforming lots of record .......................... 2516.1 Sec. 45 -63. Nonconforming uses of land ........................... 2517 Sec. 45 -64. Nonconforming structures ............................ 2517 Sec. 45 -65. Nonconforming uses of structures or of structures and premises in combination .............................. 2518 Sec. 45 -66. Repairs and maintenance ............................. 2518 Sec. 45 -67. Temporary uses ....... ............................... 2518 Sec. 45 -68. Reserved ............................................ 2518 Supp. No. 60 2480 APPENDIX C— ZONING ARTICLE I. IN GENERAL Sec. 45 -1. Short title. The provisions embraced within this ordinance shall be known as the "zoning code" and may be so cited. See. 45 -2. Definitions. For the purpose of this ordinance, certain words and terms are defined as follows: Accessory use is a use customarily incident and accessory to the principal use of land or building located on the same lot. Accessory building or structure shall include a building or structure customarily incident and accessory to the principal use of land or building located on the same lot. In the R -1 residential dwelling district, accessory buildings shall be limited to an open -air pavilion and an automobile garage. In the R -2 dwelling district, an accessory building shall be limited to an automobile garage. Adult entertainment. Adult entertainment means any adult arcade, adult theater, adult booth, adult bookstore /adult video store, adult motel or adult dancing establishment as defined in Ordinance No. 88 -31, Palm Beach County Adult Entertain- ment Code; or any establishment or business operated for commercial gain where any em- ployee, operator or owner exposes his/her speci- fied anatomical area for viewing by patrons, in- cluding but not limited to: massage establishments whether or not licensed pursuant to Chapter 480, Florida Statutes, tanning salon, modeling studio, or lingerie studio. Antenna is a transmitting or receiving device used in communications that radiates or captures electromagnetic waves, digital signals, analog sig- nals, radio frequencies (excluding radar signals), wireless telecommunications signals or other com- munication signals. (See antenna tower for appli- cable regulations). Antenna tower is a guyed, monopole or self - supporting structure, whether free standing or attached to another structure, containing one or more antennas intended for transmitting or re- § 45 -2 ceiving television, AM/FM radio, digital, micro- wave, cellular, telephone or similar form of elec- tronic communication. Antiques: Objects of an earlier period such as furniture, jewelry, stamps, coins, miniaturized replicas, works of art, or other decorative articles that are collected primarily because of their age, history, or expectation of increasing value. Building is any structure, either temporary or permanent, having a roof or other covering and designed for the shelter or enclosure of any per- son, animal or property. Child care facility means a licensed facility with more than five (5) children that are unre- lated to the operator of the facility and which complies with F.S. chapter 402. Community residential home, as defined in F.S. chapter 419, means a dwelling unit licensed to serve clients of the department of health and rehabilitative services, which provides a living environment for seven (7) to fourteen (14) unre- lated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. Decorative post structure is the support base for a light fixture and shall comply with the following requirements: (1) The installation of a decorative post struc- ture shall comply with all village build - ing, electrical and zoning codes. (2) Free standing. (3) Conform with the architectural design of the main building veneer. (4) May be located within the main building setback areas. Supp. No. 50 2480.1 (5) Not more than two (2) decorative post structures per driveway entrance and not more than four (4) decorative post struc- tures per lot. (6) Not more than thirty (30) inches in width and depth and/or diameter. (7) Not less than eighteen (18) inches setback from any lot line. § 45 -2 NORTH PALM BEACH CODE (8) Not more than thirty six (36) inches in height without a fixture. Exception: Not more than seventy -two (72) inches in height without a fixture when setback a mini- mum of thirty -five (35) feet from any side lot line or rear lot line on corner lots and not less than thirty -six (36) inches from any public right -of -way. Detached fence storage area is a storage area attached to a fence erected on the property line in conformance with fence requirements of the North Palm Beach Code. Such storage area shall not exceed three (3) feet in depth nor be longer or higher than the fence to which it is attached. Said storage area shall be constructed of the same material, design and color as the fence to which it is attached and the fence and storage area shall be constructed of opaque materials which prop- erly screen the interior of the storage area from the view of the adjacent property owners. De- tached fence storage areas shall not be erected closer to the street than the adjacent front wall of the main building. No such storage area shall be erected unless its construction conforms to village ordinances. Drug store is an establishment that combines a pharmacy with the sale of products typically associated with a convenience store, and provides services such as photo processing or basic health assessments (such as vaccinations or minor exam- inations). These uses are subject to additional regulations regarding the dispensing of controlled substances set forth in section 45 -36.T of this chapter. Dwelling is any building or structure designed exclusively for residential occupancy. A dwelling may be designed for one - family, two - family or multiple - family occupancy, but not including ho- tels, clubs, motels, boarding or lodging houses or house trailers whether such trailers be mobile or located in stationary fashion as when on blocks or other foundation. Dwelling unit is a single unit providing com- plete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Family shall mean one or more persons living in the same single or multiple family dwelling unit, all of whom are related by blood, marriage or adoption, or a group of persons all of whom are not so related which does not exceed two (2) unrelated persons in number. This term shall not include the occupants of a rooming err boarding house, group home /congregate living facility or other similar use with share cooking or sanitary facilities. Family day care home is an occupied residence in which child care is regularly provided for five (5) or fewer preschool children from more than one unrelated family and which receives a pay- ment, fee or grant for any of the children receiving care, whether or not operated for profit. The maximum five (5) preschool children shall include preschool children living in the home and pre- school children received for day care and not related to the resident caregiver. Elementary school siblings of the preschool children receiving day care may also receive day care outside of school hours provided the total number of children, including the caregiver's own and those related to the caregiver, does not exceed ten (10). Floor area is all usable floor space within the exterior walls of a structure. Front, side and rear line of a building shall be deemed and construed to include both the main portion of such structure and all projections there- from, including any garage, carport or an ex- tended roof beyond the normal eave or cornice forming a cover or roof over an entrance to such dwelling. Any awnings or shutters supported by vertical posts, columns or pipes shall also consti- tute the building line. The building line shall not include the eaves of such structures nor any open terraces, stoops, steps, or planting boxes which do not extend more than four (4) feet above the level of the yard grade. Exception. Cantilevered canvas awnings may ex- tend no more than eight (8) feet into the required front, side or rear setback and shall be set back two (2) feet from the side property line. Front yard is that area between the front building line and the front line of the lot, and extending from one (1) side line to the other. Supp. No. 50 2480.2 I APPENDIX C— ZONING § 45 -2 Lamp post is a free standing structure that is not more than four (4) inches in width and depth and/or diameter and not more than eighty -four (84) inches in height. The installation of a lamp post shall comply with all village building, elec- trical and zoning codes. A lamp post may be installed within the main building setback area. Living area is that area within any dwelling or rooming unit, measured between the inner sides of the exterior walls, made usable for human habitation, with the following exceptions: Any utility room or storage space that is not accessible from within the principal structure; all common corridors, hallways or exits provided for access or vertical travel between stories of apartments of multifamily units. Lot is a parcel of land occupied or to be occupied by one (1) main building and its accessory build- ings with such open and parking spaces as are required by the provisions of this ordinance, and having its principal frontage upon a street. Lot of record is apart of the land subdivision, the map of which has been recorded in the office of the clerk of the court of Palm Beach County, Florida. Mechanical equipment means necessary or ac- cessory equipment mounted on or adjacent to a principal structure, including but not limited to central air conditioning equipment, ventilation equipment, generators, heating equipment, anten- nas, satellite dishes, refrigeration equipment, household appliances, solar and conventional hot water heaters, elevator machinery and similar type equipment. Medical or dental office or clinic means a facil- ity providing health care services to the public by physicians, dentists, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podi- atrists, optometrists, psychiatrists or others who are duly licensed to practice their respective med- ical or dental profession in the State of Florida, as well as those technicians and assistants who are acting under the supervision and control of a licensed health care practitioner. These uses shall not include establishments where patients are lodged overnight and are subject to additional Supp. No. 53 2481 regulations regarding the dispensing of controlled substances set forth in section 45 -36.S of this chapter. Mixed -use commercial means a combination of retail commercial and non - retail commercial busi- nesses where non - retail tenants comprise fifty (50) percent or more of the gross floor area. Any combination of retail and non - retail businesses where the retail component comprises fifty (50) percent or more of the gross floor area shall be classified as a retail commercial facility. Mobile home park means a residential tenancy in which a mobile home is placed upon a rented or leased lot in a park in which ten (10) or more lots are offered for rent or lease. Motel is a group of two (2) or more attached, detached, or semidetached buildings containing guest rooms or apartments with automobile stor- age or parking space provided in connection there- with, designed and used primarily by automobile transients. Non - retail commercial means any business clas- sified as other than "retail trade" using the Stan- dard Industrial Code (S.I.C.) System, provided that such business is permitted by the Village Code of Ordinances. Occupied shall be deemed to include the words "arranged," "designed" or "intended to be occu- pied." Open -air pavilion means a detached ancillary structure, open on all sides, with a partial to full roof covering of some type used for recreation, entertainment, contemplation or meditation pur- poses. This definition shall include all types of chickee or tiki huts, pergolas, gazebos, and other pavilion -type structures. Pharmacy is an establishment primarily en- gaged in the retail sale of a variety of prescription and non - prescription drugs and medicines, pros- thetic supplies, surgical instruments and sup- plies, and sale and/or rental of aids for invalids. These uses are subject to additional regulations regarding the dispensing of controlled substances set forth in section 45 -36.T of this chapter. § 45 -2 NORTH PALM BEACH CODE / l J Principal building or structure is the building or structure in which the principal use of the lot is conducted. Principal use is the primary or predominant use of any lot. Rear yard is that area between the rear build- ing line and the rear lot line, and extending from one (1) side line to the other. On all lots the rear yard shall be in the rear of the front yard facing the street. Resident of a community residential home means any of the following: an aged person as defined in F.S. chapter 400; a physically disabled or handi- capped person as defined in F.S. chapter 760; a developmentally disabled person as defined in F.S. chapter 393; a nondangerous mentally ill person as defined in F.S. chapter 394; or a child as defined in F.S. chapter 39. Residents, as defined in F.S. chapters 400, 760, 393 and 394, shall not reside in the same community residential home as a child as defined in F.S. chapter 39. Retail commercial means any business classi- fied as a "retail trade" establishment using the Standard Industrial Code (S.I.C.) System, pro- vided that such business is permitted by the Village Code of Ordinances. Satellite television antenna is an apparatus capable of receiving communications from a trans- mitter or a transmitter relay located in planetary orbit. Usable satellite signal is a signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television. Satellite dish antennas may be erected as an accessory structure in R -1 and R -2 zoning districts, subject to the following restrictions: (1) The satellite television antenna shall be mounted on the ground only, and shall be located only in the rear yard of any lot. The satellite television antenna shall be placed so that there shall be a rear and side yard of not less than five (5) feet, or if a corner lot, a side street yard of not less than twenty (20) feet. (2) Such antenna shall not exceed fifteen (15) feet in height, including any platform or Supp. No. 53 2482 structure upon which said antenna is mounted or affixed. Such antenna may not exceed fifteen (15) feet in diameter. (3) Installation of a satellite television an- tenna shall comply with the village build- ing codes, electrical codes, zoning codes and other village codes that may apply thereto. (4) Not more than one (1) satellite television antenna shall be allowed on any lot. (5) Satellite television antennas shall meet all manufacturer specifications, be of non- combustible and corrosive- resistant mate- rial, and be erected in a secure, wind - resistant manner. Every such antenna must be adequately grounded for protec- tion against a direct strike of lightning. (6) Satellite television antenna shall be screened from all adjoining private prop- erty by an opaque fence, an opaque wall or by natural landscape planting so planted as to provide maximum opacity that is a minimum of six (6) feet in height from grade. Setback means the distance measured from a side, rear and front lot line or from the currently designated ultimate right -of -way line (i.e., fed- eral, state, county and village) to the closest point within the lot that may be occupied by a building or an accessory structure. Front setbacks shall be based on the platted front line of the property or on the ultimate right -of -way line as determined by the village. Side yard is that area between the side build- ing line and the side line of the lot and extending from the front building line to the rear building line. Story is that portion of a building between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between any floor and the ceiling next above it. Street is any public or private thoroughfare which affords the principal means of access to abutting property. It may be designated on the APPENDIX C— ZONING § 45 -6 map as a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or otherwise. Structure is anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Time -share unit is a dwelling unit in which the right of use or occupancy circulates among vari- ous persons for specific periods of time less than one (1) year in accordance with a fixed time schedule. Traditional chickee but means a type of chickee but that consists solely of an open -sided wooden but with a thatched roof of palm or palmetto or other traditional materials constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida and that does not incor- porate any electrical, plumbing or other non -wood features. Transient commercial means any one, or a combination of the following businesses oriented to serving either village residents or the motoring public (i.e. in transit through or visiting the area); (1) the sale of fuel, convenience goods and/or minor vehicular repair services; (2) hotel and/or motel accommodations; (3) restaurant facilities; (4) florist, tobacco store and stand, and hobbies, toys and games. Used shall be deemed to include the words "arranged ", "designed" or "intended to be used." Yard is the open space on the same lot with the main building, unoccupied and unobstructed from the ground upward. Xeriscape means a method of water conserva- tion gained through the utilization oftrees, shrubs, vines, plants, groundcover and turf grasses which are drought tolerant. The implementation of ap- propriate planning and design, use of soil amend- ments, efficient irrigation, practical turf grass, use of drought tolerant plants, mulches and ap- propriate maintenance results in reduced water consumption but still provides a very wide range of attractive landscaping alternatives. (Ord. No. 16 -71; Ord. No. 22 -82, § 1, 12 -9 -82; Ord. No. 9 -85, § 1, 6- 27 -85; Ord. No. 17 -90, § 1, 6- 28 -90; Ord. No. 21 -90, § 1, 6- 28 -90; Ord. No. 23 -90, § 1, Supp. No. 53 2483 6- 28 -90; Ord. No. 10 -95, § 1, 3- 23 -95; Ord. No. 23 -95, § 1, 7- 17 -95; Ord. No. 29 -95, § 1, 9- 28 -95; Ord. No. 4 -98, § 1, 1 -2 -98; Ord. No. 05 -2001, § 1, 3 -8 -01; Ord. No. 26 -2001, § 1, 8- 23 -01; Ord. No. 2009 -04, § 2, 4- 23 -09; Ord. No. 2010 -21, § 4, 11- 18 -10; Ord. No. 2011 -02, § 2, 2- 10 -11; Ord. No. 2012 -03, § 2, 3- 22 -12) Cross reference — Definitions for Code in general, § 1 -2. Sec. 45 -3. Interpretation of provisions. In interpreting and applying the provisions of this ordinance, they shall be held to be the mini- mum requirements for the promotion of the public health, safety, morals and general welfare of the community. Sec. 45 -4. Conflict of provisions. (1) It is not intended by this ordinance to interfere with or abrogate or annul any ease- ments, covenants or other agreements between parties. (2) That where this ordinance imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by ease- ments, covenants, or agreements, the provisions of this ordinance shall control. Sec. 45 -5. Changes and amendments. The village council may, from time to time, on its own motion or on petition, amend, supple- ment, change, modify or repeal by ordinance the boundaries or districts or regulations or restric- tions herein established, after public hearing. Sec. 45 -6. Penalty for violation of provi- sions. Any person who shall violate any of the provi- sions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and ap- proved thereunder, upon conviction thereof shall be punished as provided in section 1 -8 [of the village Code], and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any buildings or § 45 -6 NORTH PALM BEACH CODE premises or part thereof, where anything in vio- lation of this ordinance shall be placed, or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith shall each be guilty of a separate of- fense and upon conviction thereof shall be pun- ished as provided in section 1 -8. Secs. 45- 7- 45 -15. Reserved. ARTICLE II. GENERALLY Sec. 45 -16. Division of village into districts; districts enumerated. In order to classify, regulate and restrict the uses of land and buildings, the height and bulk of buildings, the amount of open spaces about build- ings, intensity of land use, the Village of North Palm Beach, Florida is divided into twelve (12) zoning districts, as follows: R -1 Single - family dwelling district R -2 Multiple - family dwelling district R -3 Apartment dwelling district C -A Commercial district C -1A Limited commercial district CB Commercial district C -1 Neighborhood commercial district C -2 Automotive commercial district C -3 Regional business district P Public district C -OS Conservation and open space CC Transitional commercial district In the creation of this ordinance of the respec- tive districts, the village council has given due and careful consideration to the peculiar suitabil- ity of each district for the particular uses and regulations applied thereto and to the densities of population, all in accordance with the comprehen- sive development plan of the village. (Ord. No. 208 -70, § 1, 3- 12 -70; Ord. No. 10 -73, § 1, 9- 13 -73; Ord. No. 20 -90, § 1, 6- 28 -90; Ord. No. 1 -95, § 1, 3- 23 -95; Ord. No. 33 -97, § 1, 7- 10 -97) Sec. 45 -16.1. Similar uses. (a) A use within a commercial zoning district not specifically listed as a permitted use, but possessing characteristics similar to a permitted Supp. No. 53 2484 use, may be established upon written application to the community development director for a special use permit. (b) In evaluating an application for a special use permit for the establishment of a similar use, the community development director shall, in consultation with other village departments, con- sider the characteristics of the proposed use, including, but not limited to, size, intensity, den- sity, operating hours, demands for public facili- ties, traffic impacts and business practices. (c) Upon review and evaluation of the applica- tion, the community development director shall present his or her recommendation to the village council for final consideration on the next avail- able council agenda. (d) The village council shall conduct a public hearing on the application for special use permit and determine whether the application meets the criteria set forth in subsection (b) above. The village council shall grant or deny the application by written order. (e) In granting a special use permit, the village council may impose conditions necessary to en- sure that the proposed use: (1) Is compatible with the existing or planned character of the neighborhood in which it would be located; (2) Will not have an adverse impact upon adjacent properties; and (3) Will not interfere with the use of adjacent properties. Such conditions may include restrictions on the size and operating hours of the proposed use. (f) If the conditions imposed by the special use permit are not met, the community development director may revoke the permit. A permit holder may appeal the revocation of a special use permit by filing an appeal, in writing, to the Zoning Board of Adjustment within thirty (30) days of receipt of written notice of revocation. (Ord. No. 2007 -16, § 2, 10- 25 -07) C APPENDIX C— ZONING § 45 -17 Sec. 45 -17. Official zoning map. (1) Adopted by reference. The aforesaid dis- tricts and the boundaries thereof are as shown upon the "official zoning map" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this ordinance as if the information set forth on the map was all fully described and set out herein. (2) Identification. The official zoning map shall be identified by the signature of the mayor at- tested by the village clerk, and bearing the seal of the village under the following words: "This is to certify that this is the official zoning map referred to in section 3 of Ordinance No. 20 of the Village of North Palm Beach, Florida, as amended," to- gether with the date of the adoption of this ordinance. (3) Changes. (a) If, in accordance with the provisions of this ordinance changes are made in dis- trict boundaries or other matter por- trayed on the official zoning map, such changes shall be entered on a new official zoning map promptly after the amend- ment has been approved by the Village Council. The new official zoning map shall be adopted in accordance with provisions set forth in Section 45- 17(5). (b) No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in subsection (3)(a). Any unauthorized change of whatever kind or any failure to make a change when directed by ordinance by any person or persons shall be considered a violation of this ordinance and punishable as pro- vided under section 45 -6 of this ordi- nance. Supp. No. 53 2485 APPENDIX C— ZONING (4) Location; final authority. Regardless of the existence of purported copies of the official zoning map which may, from time to time, be made or published, the official zoning map which shall be located in the office of the village clerk shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the village. (5) Damaged; destroyed, etc. In the event that the official zoning map becomes damaged, de- stroyed, lost or difficult to interpret because of the nature or number of changes and additions, the village council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omis- sions in the prior official zoning map, but no such corrections shall have the effect of amending the original official zoning map or any subsequent amendment thereto. The new official zoning map shall be identified by the signature of the mayor attested by the village clerk and bearing the seal of the village under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of Ordinance No. 20 of the Village of North Palm Beach, Florida." Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. Each replacement official zoning 'map shall be num- bered in consecutive order as adopted. (Ord. No. 208 -70, 3- 12 -70; Ord. No. 26 -95, § 1, 8- 24 -95) Sec. 45 -18. Boundary conflict interpreta- tions. § 45 -20 (2) Where any public street or alley is here- after officially vacated or abandoned, the regulations applicable to each parcel of abutting land shall apply to the portion of such street or alley added thereto by vir- tue of said vacation or abandonment. (3) In case any further uncertainty exists, the village council shall interpret the intent of the map as to the location of such boundaries. Sec. 45 -19. Buildings and uses to conform to district regulations. Except as hereinafter provided: A. No building shall be erected, reconstructed or structurally altered, nor shall any build - ing or land be used which does not comply with the regulations for the district in which such building or land is located. B. No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limits herein established for the district in which such building is located. C. The minimum open spaces around a main building as provided for in this ordinance shall not be encroached upon or be con- sidered as open spaces for any other build- ing. D. There shall not be more than one (1) main building and its customary accessory build - ing(s) on a lot as authorized by this chap- ter. E. The types, location and uses of buildings and land publicly owned and used in the performance of a public function may be permitted in any district, provided such type, location and use is approved by the village council. The village council may limit the length of time of such type, location and use. Where uncertainty exists as to the boundaries (Ord. No. 2 -82, § 1, 1- 28 -82; Ord. No. 2009 -04, § 3, of any district shown upon the zoning map, the 4-23 -09) following rules shall apply: Sec. 45 -20. Adult entertainment establish - (1) Where district boundaries are indicated ment. as following street, alley or lot lines, said (1) Legislative intent. The intent of the village lines shall be construed to be such bound- council in adopting this section is to establish arias. reasonable and uniform regulations for the adult Supp. No. 41 2486.1 § 45 -20 NOIM -1 PALM BEACH CODE l entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the Village of North Palm Beach. It is not the intent of the Village Council to legislate with respect to mat- ters of obscenity. These matters are regulated by federal and state law, including Chapter 847 of the Florida Statutes. It is not the intent of the Village Council in adopting this section to con- done distribution of obscene materials. This section is intended to provide for the proper location of adult entertainment establish- ments in the C -1 Neighborhood Commercial Dis- trict and to protect the integrity of adjacent neighborhoods, educational institutions, religious institutions, parks and other commercial enter- prises. Proper separation of adult entertainment establishments prevents the creation of "skid - row" areas in the village which results from the concentration of these establishments and their patrons. It is the intent to limit the secondary effects of adult entertainment establishments as set out in the findings of fact contained within the Palm Beach County "Adult Entertainment Code," Ordinance No. 88 -31. The locational restrictions contained in this section should not be construed as to apply only to those residential zoning districts, religious insti- tutions, educational institutions, parks and other commercial enterprises which cater to or are attended by persons under eighteen (18) years of age. The restrictions within this section are also intended to ensure that residential zoning dis- tricts, educational institutions, religious institu- tions, parks and other commercial enterprises are located in areas free from the secondary effects of adult entertainment establishments. The location of residential zones, educational institutions, religious institutions, parks and other commercial enterprises within viable, unblighted and desirable areas support the preservation of property values and promote the health, safety and welfare of the public at large. (2) Findings of fact. Based on the evidence and testimony presented at first reading and public hearing, the Village Council of the Village of North Palm Beach reaffirms the findings of fact contained within the Palm Beach County Adult Entertainment Code and on the findings incorpo- rated in the United States Attorney General's Commission on Pornography (1986): "A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Prop- erty Values," conducted by the Division of Plan- ning, Department of Metropolitan Development, City of Indianapolis, January 1984; the "Study of the Effects of Concentration of Adult Entertain- ment Establishments in the City of Los Angeles, " conducted by the Planning Committee for the Los Angeles City Council, June 1977; the study con- ducted by the City of Austin, Texas; the Metropol- itan Bureau of Investigation (MBI) for the Ninth Judicial Circuit (Orlando area); and information from Tampa, Florida, detailing the effects of adult entertainment establishments in the Tampa area. In addition to the foregoing recitals, the village council further finds that: (a) The possession, display, exhibition, distri- bution and sale of books, magazines, mo- tion pictures, prints, photographs, period- icals, records, novelties and devices which depict, illustrate, describe or relate to "specific anatomical areas" or "specified sexual activities" as the terms are defined herein are business activities that exist or may exist within the village. (b) Businesses where employees including dancers and entertainers perform or are presented while displaying or exposing "specified anatomical areas" as that term is defined herein exist or may exist within the village. (c) Where the activities described in para- graphs (a) and (b) above are present, the experience of many other communities indicate that illegal activities tend to oc- cur including, but not limited to, prostitu- tion, pandering, solicitation for prostitu- tion, lewd and lascivious behavior, exposure of minors to harmful materials, the pos- session, distribution and transportation of obscene materials and of controlled substances. The village council further finds there is a direct relationship between the display or expos- ing of specified anatomical areas and an increase Supp. No. 41. 2486.2 APPENDIX C— ZONING § 45 -20 in criminal activities, moral degradation and dis- turbances of the peace and good order of the community and the concurrences of these activi- ties is hazardous to the health and safety of those persons in attendance and tends to depreciate the value of adjoining property and harm the eco- nomic welfare of the community as a whole. These secondary effects are adverse to the public's inter- est and quality of life, tone of commerce and total community environment in the Village of North Palm Beach. The combination of the sale or consumption of alcoholic beverages with the display or exposing of specified anatomical areas is adverse to the public's interest and quality of life, tone of com- merce and total community environment in the Village of North Palm Beach. (3) Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed them in the Palm Beach County Adult Entertainment Code at time of passage of this ordinance, except where the con- text clearly indicates different meaning. Adult arcade Adult bookstore /adult video store Adult booth Adult dancing establishment Adult entertainment establishment Adult material Adult motel Adult theater Adult video store Alcoholic Beverage Board Code Commercial Gain Commercial establishment Conviction Department Educational Institution Employee Supp. No. 41 2486.3 Establishment Inspector Licensed premises Licensee Operator Person Principal stockholder Private Performance Specified anatomical areas Specified criminal act (4) Prohibited locations. (a) Notwithstanding any other provision of this Code, or any provision of the village planning, land development and zoning regulations, no person shall propose, cause or permit the operation of, or enlargement of, an adult entertainment establishment which, while in operation or after enlarge - ment, would or will be located within one thousand (1,000) feet of a commercial establishment that in any manner sells or dispenses alcohol for consumption on pre- mises (other than establishments set forth in Paragraph 4(e)), within five hundred (500) feet of Zoning District P, public district, within one thousand (1,000) feet of a religious institution, within five hun- dred (500) feet of an educational institu- tion, child care facility, family day care home or community residential home, within two hundred (200) feet of an area zoned for residential use, within two hun- dred (200) feet of an area designated as residential on the future land use map of the village's comprehensive plan, within five hundred (500) feet of a park, or within two thousand (2,000) feet of another adult entertainment establishment. (b) In addition to the distance requirements set forth in subsection (a), an adult enter- tainment establishment shall not be al- lowed to open, exist or do business any- where except in the C -1 and C -2 zoning district where adult entertainment estab- lishments are an expressly permitted use 45 -20 NORTH PALM BEACH CODE subject to review by the village director of community development for conformance with the requirements of the village's land development regulations. (c) The distance requirements of subsection (a) are independent of and do not super- sede the distance requirements for alco- holic beverage establishments which may be contained in other laws, rules, ordi- nances, or regulations. (d) No religious institution, educational insti- tution, child care facility, family day care home, community residential home, park or commercial establishment that sells or dispenses alcohol for consumption on pre- mises (other than establishments set forth in paragraph 4(e)) shall locate and oper- ate within the distance requirements from such establishments and facilities oper- ated and licensed for adult entertainment establishments. (e) The distance restrictions set forth in this paragraph (4) shall not apply to any bona - fide restaurant operating under a Florida 4- COP -SRX license as a restaurant with full kitchen facilities and fifty -one (51) percent or more of gross sales being de- rived from the sale of food and non- alcoholic beverages. Alcoholic beverages are to be served only when the restaurant is open for sale and service of food. (5) Measurement of distance. The distance from a proposed or existing adult entertainment estab- lishment to a pre- existing adult entertainment establishment, a pre - existing religious institu- tion, to Zoning District P, public district, a pre- existing religious institution, a pre - existing edu- cational institution, child care facility, family day care home or community residential home, an area zoned for residential use, an area designated on the future land use map of the comprehensive plan as residential, a pre- existing residence, a pre - existing park or a pre - existing commercial establishment that sells or dispenses alcohol shall be measured by drawing a straight line between the closest lot lines of the proposed or existing adult entertainment establishment and the pre- existing adult entertainment establishment, pre- existing religious institution, Zoning District P, public district, pre- religious institution, a pre- existing educational institution, child care facil- ity, family day care home or community residen- tial home, an area zoned for residential use, a pre - existing residence, a pre - existing park or a pre- existing commercial establishment that sells or dispenses alcohol that is located outside the incorporated. limits of the Village of North Palm Beach. This provision is intended to prevent within the Village of North Palm Beach the adverse impacts and secondary effects created by the concentration of adult entertainment establish- ments and the placement of such establishments in close proximity to the other specified uses, whether the other specified uses are located within or without the incorporated limits of Village of North Palm Beach. (6) No variance. There shall be no variance to the distance requirements of this section. (7) Nonconforming uses. If any nonconforming adult business ceases to do business for a contin- uous period of ninety (90) days, it shall be deemed abandoned and shall not thereafter reopen except in conformance with these regulations. Supp. No. 41 2486.4 (8) Supplemental administrative requirements. (a) Rules of construction. This section shall be liberally construed to accomplish its purpose of regulating and dispersing adult entertainment establishments and re- lated activities. (b) Development design and improvement stan- dards. The staff shall compare the official plans of the building department and of- ficial zoning map against the plan submit- ted. (c) All adult materials shall. be located and the activities of employees which include the exposure of specified anatomical ar- eas shall take place within the adult busi- ness premises. (d) No adult materials or activities of employ- ees which include the exposure of speci- fied anatomical areas shall be visible from the exterior of the adult business pre- �I \ APPENDIX C— ZONING miles in any way including, but not lim- ited to, exterior apertures such as opened doors and unobscured windows. (e) No merchandise, advertising or depic- tions of the activities of an adult business shall be displayed on the exterior of the adult business premises or in any location where they are visible from public right - of -way. (f) No adult business shall display a sign: § 45 -21 nished the village in writing prior to issu- ance or renewal of a business tax receipt of the village and at such other times as requested by village officials. The failure to make such disclosure shall result in either the loss of business tax receipt or the failure of the village to issue a new receipt or renewal thereof. (11) Enforcement. The provisions of this Code may be enforced by: (1) Advertising the presentation of any (a) A suit brought by the village council in the activity prohibited by Florida Stat- Circuit Court of Palm Beach County to ute law or any applicable village restrain, enjoin, or prevent a violation of ordinance; or this Code; and (2) Capable of leading a reasonable per- son to believe that the establishment engages in an activity prohibited by Florida Statute law or any applica- ble village ordinance. (3) Containing any flashing lights, pho- tographs, silhouettes, drawings or pictorial representations of any man - ner (except for the logo of the estab- lishment, provided the logo shall not contain any specified anatomical ar- eas, or any male or female forms at or below the clavicle). (9) Display or exposure of specified anatomi- cal area. It shall be unlawful for any person to display or expose any specified anatomical area to others, regardless of whether such person is actually engaging in dancing, in any commercial establish- ment where alcoholic beverages are, or are available to be sold, dispensed, con- sumed, possessed, or offered for sale or consumption on the premises. The pen- alty for violation of this subsection (9) shall be revocation of business tax receipt issued by the village. (10) Disclosure of names aliases and dates of birth of employees. Owners and operators of all adult entertainment establishments in the village shall disclose to the village the names, aliases and dates of birth of all employees in their respective establish- ments. Such information shall be fur- (b) Enforcement proceedings by the village's code enforcement board; and (c) Criminal prosecution; and (d) Any and all other legal proceedings and remedies available to the village as pro- vided by law. (Ord. No. 22 -95, § 1, 7- 17 -95; Ord. No. 37 -95, §§ 1 -8, 12- 14 -95; Ord. No. 6 -96, § 1, 1- 25 -96; Ord. No. 17 -98, § 1, 8- 13 -98; Ord. No. 02- 2002, § 1, 2- 14 -02; Ord. No. 2006 -24, § 2.L.1, 11 -9 -06; Ord. No. 2006 -28, § 10, 12- 14 -06) Sec. 45 -21. Telecommunications antenna and antenna towers. Antenna and/or antenna towers owned and operated subject to provisions of the Telecommu- nications Act of 1996 may be located and con- structed in accordance with the following provi- sions: (1) a. The village planning commission will consider, in accordance with article III of chapter 6 of the village code of ordinances, applications for tele com- munication antenna and/or antenna towers which are attached to, or re- place existing structures provided the overall height of the antenna and /or tower does not extend more than twenty (20) feet above the ex- isting structure. b. In approving a tower or antenna location, the planning commission shall consider the attachment to or Supp. No. 41 2486.5 § 45-21 NORTH PALM BEACH CODE replacement of existing structures cil will next consider, in the follow - which will result in the least visu- ing order of preference, alternative ally offensive installation to be the properties and zoning districts. most preferred location for such in- 1. C -2, general commercial dis- stallations. Such structures may in- trict elude but are not limited to highrise 2. COS, conservation and open residential or commercial buildings, space district sports lighting poles, existing an- tenna towers and /or public utility 3. P, public district structures. 4. C -1, neighborhood commercial district or C -3 regional busi- (2) New free standing towers /antenna loca- ness district tions and new tower /antenna locations 5. CA, CB, or C1A, restricted or which do not conform to section 45 -1 of limited commercial district this article may only be allowed by special exception granted by the village council 6. R3, apartment dwelling district subject to the following criteria: Alternative properties and zoning dis- tricts may only be considered after it a. The village council shall consider has been demonstrated that an an- when evaluating whether to approve tenna tower cannot be located on an antenna/tower location whether any higher preferred property or zon- there is suitable and reasonably avail- ing district. able public or private property which The village council shall act to ap- would physically accommodate the prove the tower /antenna location by ) tower or antenna without unreason- special exception. Upon the granting ably compromising the antenna's sig- of a special exception for location, nal reception or transmitting capa- the application will be remanded to bility or unreasonably compromise the village planning commission for the communication system capabil- approval in accordance with article ity, and without negatively impact- III of chapter 6 of the village code of ing the aesthetics of the tower. ordinances. b. New free standing tower /antenna lo- C. In no case may a tower /antenna in- cations and new tower /antenna loca- stallation height exceed more than tions will be considered only after twenty (20) feet above the maximum the applicant for an antenna or an- height allowed by this code. tenna tower has to the fullest extent (3) Any applicant requesting antenna tower practicable, demonstrated to the vil- location approval is required to accommo- lage council that all existing strut- date antenna facilities of other providers tures either will not accommodate (co- location), on a nondiscriminating ba- an antenna installation or are not sis, to avoid duplication of the erection of available for an antenna or antenna such towers or provide verifiable objective tower installation. If an antenna or data, why it cannot do so. Moreover, it will antenna tower cannot be located on be presumed that if a proposed site is any existing structure without un- within one -half mile of an existing un- reasonably compromising the an- tenna tower that can reasonably accom- tenna tower's signal reception or modate the applicant's antenna, a denial transmission capability or unreason- of the application would not result in an ably compromise the communication unreasonable compromise to the applicant's system's capability, the village coun- communication system capability or an 1 Supp. No. 41 2486.6 APPENDIX C— ZONING § 45 -27 unreasonable compromise to the antenna tower's reception or transmission capabil- ity. (4) The applicant must to the fullest extent practicable, demonstrate to the village that the antenna tower and accessory equipment buildings will be screened from view by architectural features, landscap- ing, existing natural vegetation, or will be aesthetically designed to blend into and harmonize with the area or location sur- rounding the antenna or antenna tower site in accordance with the village of North Palm Beach Appearance Plan. (5) Antenna or antenna towers shall not be artificially lighted except as required for public safety purposes, or by the Federal Aviation Administration (FAA). Signage shall not be allowed except as required for public safety purposes, or by the Federal Communications Commission (FCC). (6) To the extent not in conflict with the provisions described above, any proposed antenna or tower or accessory equipment building will be subject to all applicable village codes and regulations. (Ord. No. 12 -97, § 1, 2- 27 -97) Editor's note — Section 45 -21, relative to oceanfront land in the R -1 district, has been repealed by Ord. No. 4 -82, § 1, enacted Jan. 28, 1982. The former section did not bear a history note. Subsequently, Ord. No. 12 -97, § 1, adopted Feb. 27, 1997 added new provisions pertaining to telecommunica- tions antenna and antenna towers as herein set out. Sec. 45 -22. Oceanfront land —Ocean setback. There shall be a building setback line of not less than fifty (50) feet from the dune line, or one hundred (100) feet from the highwater line, which- ever distance is greater, for all property bordering on the Atlantic Ocean. The measurement of the setback from the dune line and the highwater line shall be to the closest edge of any building to be constructed on the Atlantic oceanfront. (Ord. No. 23 -72, § 1) Sec. 45 -23. Emergency generators required for automotive service stations. All newly constructed automotive service sta- tions shall have a permanently installed emer- Supp. No. 59 2487 gency generator. Existing automotive service sta- tions shall be required to install permanent emergency generators whenever such service sta- tion is rebuilt after being destroyed to an extent of more than fifty (50) percent of its assessed value or whenever a revised site plan for such service station is submitted for approval which enlarges upon or alters in any way the original site plan for that service station. All others shall have a trans- fer installed within two (2) years of the passage of this section, to allow for a portable generator to be easily connected to the service station. For the purposes of this section, an automotive service station means any commercial establishment en- gaged in the retail sale of gasoline. (Ord. No. 2006 -22, § 2, 9- 14 -06) Secs. 45- 24- 45 -26. Reserved. ARTICLE III. DISTRICT REGULATIONS* Sec. 45 -27. R -1 single - family dwelling dis- trict. A. Uses permitted. Within any R -1 single - family dwelling district no building, structure, land or water shall be used except for one (1) or more of the following uses: 1. Single - family dwellings with accessory buildings customarily incident thereto, sub- ject to each of the requirements set forth in this section and throughout this chap- ter. 2. Public schools. 3. Parks and recreation facilities owned or leased by or operated under the supervi- sion of the Village of North Palm Beach. 4. Detached fence storage areas. 5. Satellite dish antenna. 6. Community residential homes. Commu- nity residential homes of six (6) or fewer residents which otherwise meet the defi- nition of a community residential home, provided that such homes shall not be *Cross reference —Home occupations, § 17 -2. § 45 -27 NORTH PALM BEACH CODE located within a radius of one thousand (1,000) feet of another existing such home with six (6) or fewer residents. 7. Family day care home. 8. Lamp post. 9. Decorative post structure. B. Building height regulations. No main build- ing shall exceed two (2) stories in height and no accessory building more than one (1) story. C. Building site area regulations. The mini- mum lot or building site area for each single - family dwelling shall be seven thousand five hun- dred (7,500) square feet and have a width of not less than seventy -five (75) feet, measured at the building line. D. Yard space regulations. 1. Front yard. There shall be a front yard of not less than twenty -five (25) feet mea- sured from the street line to the front building line. 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured from the rear building line to the rear lot line. 3. Side yards. There shall be a side yard on each side of the side building line of not less than ten (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. (a) For a distance of one block on streets intersecting U.S. #1, measured from the right -of -way line of said U.S. #1, side yards of at least twenty -five (25) feet in depth shall be provided. E. Off street parking regulations. At least one parking space measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty -two (162) square feet) shall be provided. All parking spaces shall consist of a durable surfaced area as ap- proved by the community development director, and may be enclosed in the dwelling, in an acces- Supp. No. 59 2488 sory building or in an unenclosed area or a driveway. All vehicles parking on a lot must be parked on a durable. surface. F. Accessory structures. One detached automo- bile garage and one open -air pavilion may be constructed on any lot within the R -1 single - family dwelling district provided that all require- ments of this chapter are met. Open air pavilions shall be subject to the following additional condi- tions and restrictions: Permitting. (a) All open -air pavilions must be per- mitted in accordance with all Florida Building Code and Village Code re- quirements. (b) Open -air pavilions meeting the defi- nition of a traditional chickee but are exempt from the Florida Build- ing Code but shall be subject to con- sistency review by the village. Con- sistency shall be demonstrated through the issuance of a zoning permit and shall require the submit- tal of the following information: (1) A survey that includes scaled dimensions of the proposed structure, including setbacks; (2) Proof that the builder of the chickee but is a member of ei- ther the Miccosukee Tribe of Indians of Florida or the Semi- nole Tribe of Florida (such proof consisting of a copy of the trial member's identification card); and (3) Drawings of the proposed struc- ture depicting, at a minimum, the overall design, dimensions, roof materials, and height. 2. Dimensions. Open -air pavilions shall not exceed two hundred (200) square feet in floor area. The floor area shall be mea- sured from outside the support posts, pro- vided that the roof overhang does not exceed three (3) feet from the support posts. If the roof overhang exceeds three (3) feet, the floor area shall consist of the i 1 l' APPENDIX C— ZONING § 45 -32 turally and structurally in harmony with the spirit of the community. Provided fur- ther that: a. For each three thousand (3,000) cu- bic feet of designated boat storage space connected with indoor dry boat storage facilities and for each five hundred (500) square feet of indoor retail boat display floor area, there shall be provided one (1) two hundred - square -foot parking space, exclusive of workshop and office areas. b. For each one and one -half (1Y2) des- ignated boat storage spaces con- nected with wet boat storage facili- ties, there shall be provided one (1) two hundred - square -foot parking space, exclusive of workshop and of- fice areas. C. For each one hundred (100) square feet of workshop floor area, there shall be provided one (1) two hundred - square -foot parking space, and for each two hundred (200) square feet of workshop area above the first floor, there shall be provided one (1) two hundred - square -foot parking space. d. For each three hundred (300) square feet of floor area used for office pur- poses, there shall be provided one (1) two hundred - square -foot parking space. B. Building height regulations. No main build- ing shall exceed two (2) stories or thirty (30) feet in height at the required front, rear and side building lines. For structures in excess of two (2) stories in height, five (5) feet shall be added to the required front, rear and side yards for each story added to the building in excess of two (2). No main building, however, shall occupy more than thirty - five (35) percent of the site area so required. C. Building site area regulations. 1. For single- and multiple - family dwelling structures, the same as required in the R -1 and R -3 districts, respectively. D. Yard space regulations. 1. 2. e. All new marinas and major improve- ments to existing marinas shall pro- vide sewage pump -out service to boats 3• seven (7) meters (twenty -two and ninety -seven hundredths (22.97) feet) in length or more. 8. Multiple - family dwelling structures as a component of a commercial planned unit development containing a commercial com- ponent including retail and non - retail com- mercial facing a primary street frontage with a depth to be determined by the village council. Supp. No. 59 2503 Front yards. (a) For main structures of two (2) sto- ries or less, there shall be a front yard of not less than fifty (50) feet measured from the street line to the front line of the main building. (b) For structures in excess of two (2) stories in height, the front yard depth required shall be controlled by the provisions defined in paragraph B of this section. Rear yard. (a) For main structures of two (2) or less stories, the same as for R -1 and R -2 district. (b) For structures in excess of two (2) stories in height, the rear depth re- quired shall be controlled by the provisions defined in paragraph B of this section. Side yards. (a) For structures of two (2) stories or less, the same as for R -1 and R -2 districts. (b) For structures in excess of two (2) stories in height, the side yard re- quirements shall be controlled by the provisions defined in paragraph B of this section. (c) For a distance of one (1) block on streets intersecting U.S. [Highway § 45 -32 NORTH PALM BEACH CODE \ No.] 1, measured from the right -of- way line of said U.S. [Highway No.] 1, side yards of at least twenty -five (25) feet in depth shall be provided. E. Off - street parking regulations. 1. For single- and multiple - family struc- tures, the same as for the R -1 and R -3 districts, respectively. 2. Churches, the same as for the R -2 multiple - family dwelling district. 3. For hotels, one (1) space for each three (3) bedrooms, plus one (1) additional space for each five (5) employees. 4. Hotel apartments, one (1) space for each dwelling unit. 4.1. Time- sharing units, the same as for C -A commercial district. 5. Motels, one (1) space for each guest bed- room, plus one (1) space for the resident manager or owner. 6. Restaurants, one (1) space for each seventy - five (75) square feet of floor area devoted to patron use, or one (1) space per three (3) fixed seats, whichever is the greater, and one (1) space for each one and one - half (112) projected employees who would be actually working during peak employ- ment hours. No parking shall be permitted in the first ten (10) feet of the required front yard depth, measured from the front property line. The restriction against parking in the first ten (10) feet of the required front yard depth measured from the front prop- erty line shall not apply to those proper- ties which have complied in full with the landscaping provisions of chapter 41 -16 through 41 -25 [chapter 27, article III], both inclusive. Each convalescent hospital and nursing home shall be provided with one (1) park- ing space measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty - two (162) square feet) for each six (6) beds in the establishment, plus one (1) parking space for each three hundred (300) square Supp. No. 59 2504 feet of administrative and service area within the building (kitchen, service halls, chapel, dining room, lounge, visiting ar- eas and treatment rooms). F. Floor area regulations. 1. In multiple- family dwelling structures, each dwelling unit having one (1) bed- room shall have a minimum floor area of seven hundred fifty (750) square feet. An additional one hundred fifty (150) square feet of floor area shall be required for each additional bedroom provided. 2. In time -share structures, each dwelling unit having one (1) bedroom shall have a minimum floor area of seven hundred fifty (750) square feet; an additional one hun- dred fifty (150) square feet of floor area shall be required for each additional bed- room provided. G. Conditions for permitted uses: 1. All activities, sales and storage of goods must be conducted entirely within com- pletely enclosed buildings with perma- nent nonmoving outside walls. The follow- ing exceptions apply: (a) Restaurants that qualify under out- door seating provisions of Appendix C— Zoning. (b) Marinas with enclosed new boat re- tail display area may utilize outdoor rear and side yard site area for ground level new boat storage, rigging, mi- nor repair and display subject to the following conditions: (i) Outdoor storage, rigging, mi- nor repair and display areas shall be completely screened from the view of the street right - of -way and adjacent properties with an opaque wall or fence to a height of six (6) feet. (ii) The area of outdoor storage, rigging and display area shall not exceed the enclosed retail display floor area, including re- V APPENDIX C— ZONING tail display area office space, or fifteen (15) percent of the total site area, whichever is less. (Ord. No. 10 -72, § 2; Ord. No. 4 -73; Ord. No. 10 -73, § 7, 9- 13 -73; Ord. No. 14 -74; Ord. No. 14 -76, § 1, 7 -8 -76; Ord. No. 22 -82, §§ 6, 7, 9, 12 -9 -82; Ord. No. 9 -87, § 1, 5- 28 -87; Ord. No. 17 -90, § 4, 6- 28 -90; Ord. No. 23 -90, § 3, 6- 28 -90; Ord. No. 27 -99, § 5, 8- 12 -99; Ord. No. 03 -2001, §§ 1, 2, 2 -8 -01; Ord. No. 2006 -06, § 1, 4- 13 -06; Ord. No. 2014 -06, § 2, 7- 24 -14) Sec. 45 -32.1. CC Transitional commercial dis- trict. A. General description. This residential/com - mercial transitional district is to provide for the development of low- intensity business offices and other complementary uses. The CC district shall serve as a transition between residential areas and intense commercial development. B. Uses permitted. The following uses are per- mitted in the CC transitional commercial district: 1. Financial institutions 2. Professional offices 3. Florists 4. Clothing stores 5. Stationary [stationery] stores 6. Photo studios /camera shops 7. Sporting goods stores 8. Gift shops 9. Candy shops 10. Seamstress /tailor shop 11. Barber shops 12. Hair salons 13. Nail salons 14. Instructional dance /music studios C. Conditions for permitted uses: 1. All activities, sales and storage of goods must be conducted entirely within completely enclosed build- ings with permanent nonmoving out- side walls. § 45 -33 2. No outside sidewalk of parking lot storage (or) display of merchandise will be permitted. 3. No manufacturing or production of products for retail or wholesale will be permitted. D. Building height regulations. No building or structure shall exceed two (2) stories or twenty five (25) feet. E. Building site area regulations: 1. Maximum lot coverage. Main and acces- sory buildings shall cover no more than thirty -five (35) percent of the total lot area. 2. Reserved. F. Yards. 1. Front yards. All buildings shall be con- structed from the Alternate A -I -A or Pros- perity Farms Road right -of -way to pro- vide a front yard of not less than thirty (30) feet. All buildings shall be set back from the right -of -way of streets which intersect with Alternate A -I -A or Prosper- ity Farms Road providing a yard of not less than twenty -five (25) feet. 2. Side yards. All buildings shall be set back from side lot lines so as to provide side yards of not less than fifteen (15) feet. 3. Rear yards. All buildings shall be set back from rear lot lines so as to provide a rear yard of not less than fifteen (15) feet. G. Off-street parking regulations. Off - street parking shall be provided the same as for the CA commercial district. H. Off- street parking layout, construction and maintenance shall be the same as for the CA commercial district. (Ord. No. 31 -97, § 1(Exhibit A), 7- 10 -97; Ord. No. 23 -99, § 1, 6- 10 -99; Ord. No. 15 -2000, § 1, 5- 25 -00) Sec. 45 -33. C -1 neighborhood commercial district. General description. This neighborhood com- mercial district is established to provide that the principal use of land is devoted to neighborhood Supp. No. 59 2504.1 § 45 -33 NORTH PALM BEACH CODE � 1 and transient uses and to encourage the develop- ment of these locations for such uses and in such manner as to minimize congestion and interfer- ence with other land uses. A. Uses permitted. Within any C -1 neighbor- hood commercial district, no building, struc- ture, land or water shall be used, except for one (1) or more of the following uses: 1. Any use permitted in the C -IA lim- ited commercial district. 2. Any retail business or commercial use including neighborhood commer- cial use that meets the daily living needs of village residents and which does not involve the manufacturing or processing of products; provided, however, automobile repair shops are not a permitted use except as an accessory use to an automotive ser- vice station or retail automobile tire store. the public. No direct access from the exterior of the building to an individ- ual storage unit is permitted. B. Building height regulations. For build- ings in excess of two (2) stories or thirty (30) feet in height, five (5) feet shall be added to the required front -yard setback for each story in excess of two (2) or in excess of thirty (30) feet in height. No structures however, shall occupy more than thirty -five (35) percent of the site area so required. C. 3. Transient commercial uses serving either the motoring public or village residents including hotels and mo- tels, conference and retreat facili- ties, filling stations and restaurants. D. 4. Personal service establishments, in- cluding, but not limited to, banks, barbershops, bowling alleys, beauty salons, medical and dental clinics, professional and other offices, fu- neral homes, shoe repair shops, laun- dry pickup stations and self - service laundries, furniture display stores and drugstores. 5. Mobile home park. 6. Adult entertainment establishments. 7. Religious worship or related reli- gious activities. 8. Limited access self storage facilities are defined as a fully enclosed struc- ture for indoor storage with a mini- mal amount of access points from the exterior of the building. These exterior access points provide access to interior hallways that directly serve individual storage units rented to Supp. No. 59 2504.2 Building and floor area regulations. An individual retail business or commercial use shall not exceed fifty thousand (50,000) square feet of floor area on the first floor; this provision shall not apply to grocery stores; food stores or facilities for use for religious worship or related religious uses including retreats, conferences, school or other educational uses, convent, rectory or other living facilities, administration or similar facilities owed or operated by religious groups or religious- related activ- ities. Yard space regulations. There shall be a front yard of not less than fifty (50) feet measured from the street line to the front building line, except along both sides of U.S. 1, no setback less than one hundred (100) feet in depth measured from the front building line shall be provided. For a distance of one (1) block on streets intersecting U.S. 1, measured from the right -of -way line of said U.S. 1, side yards of at least twenty -five (25) feet in depth shall be provided. (a) For single - family and for multiple - family residential structures, there shall be rear yard and side yard setbacks the same as set forth in the R -1 and R -3 zoning districts, respec- tively, except as modified below: (i) On corner lots intersecting U.S. Highway No. 1 where the front of the building is on the inter- secting street and the side yard of the building is on U.S. High- V � APPENDIX C— ZONING for which changes are sought, and the proposed alternate stan- dards. 4. A specific list describing any of the additional land uses listed in section 45- 34.1(10)b. for which the applicant is requesting ap- proval. 5. Any volunteered limiting condi- tions that could provide assur- ances that the development as proposed would further the in- tent and spirit of the C -3 dis- trict and the Comprehensive Plan. The site development plan, lists of alter- nate standards and additional land uses, and volunteered conditions should be sub- mitted in a format suitable for attach- ment to an ordinance approving the re- quests. Approval process: PUD applications under this section shall be forwarded along with recommendations from staff to the planning commission, which after holding a public hearing shall make a formal recommenda- tion of approval, partial approval, or disapproval. The village council shall also hold a public hearing and decide whether to approve, partially ap- prove, or disapprove the PUD appli- cation. Unless the application is dis- approved in full, this action shall be by ordinance. The applicant may then proceed to obtain all other needed development permits in accordance with the village's regulations. 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 § 45 -35.1 the village council only at a joint meeting with the Lake Park Town Commission. (Ord. No. 8 -95, § 1(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) Supp. No. 60 2509 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 for the zoning district in which a proposed project is located. B. Subject to the foregoing statement of in- tent, the village council may, in the case of commercial, industrial and residential planned unit developments, allow for mi- nor modification of the provisions of this chapter or other land development regu- lations in accordance with the procedure set forth in subsections II, III, IV and V. II. Filing of application. A. Any person may file an application with the village council for minor modifications of the provisions of this chapter. This application shall contain at least the fol- lowing: 1. All application and review proce- dures shall comply with section 21- 12, Changes to zoning ordinances and section 45 -49, Application for rezoning, of this Code. 2. A statement listing and fully explain- ing the specific modifications of the provisions of this chapter 45 which are desired, as well as the purposes for which the modifications are in- tended. 3. All application procedures for resi- dential planned unit developments shall be as required by the subdivi- sion provisions of this Code. 4. Compliance with the village compre- hensive plan is required. 5. Land covered by the development plan shall be platted concurrently with final approval of the develop- ment plan. 6. The fee for filing an application for a planned unit development shall be established in the master fee sched- uled adopted annually as part of the village budget. 7. The final approved development plan shall include the plat drawings and necessary submittals demonstrating Supp. No. 60 2510 acceptability of all factors and stan- dards evaluated in subsection IV(A). 8. All dwelling unit sizes, parking cri- teria and building site coverage must meet the requirements of the zoning code for each type of proposed use. 9. All land included for the purpose of development within a planned unit development shall be owned or un- der the unified control of the appli- cant for such zoning designation, whether the applicant is an individ- ual, partnership, corporation, trust or group of individuals, partner- ships, trusts or corporations. The applicant shall present satisfactory evidence of the unified control of the entire area by applicant within the proposed planned unit development and shall state agreement that, if he proceeds with the proposed develop- ment, he will: a. Do so in accordance with the officially approved development plan and such other conditions or modifications as may be at- tached to the conditional use. b. Provide agreements, covenants, contracts, deed restrictions or sureties acceptable to the vil- lage council, both for comple- tion of the undertaking in ac- cordance with the adopted development plan, and also for the continuing operation and maintenance of areas, func- tions and facilities which the plan shows are not to be oper- ated or maintained at general public expense. C. Bind his development succes- sors in title to any commit- ments made under subsections a. and b., preceding. 10. Any tract of land for which a planned unit development is made shall con- tain sufficient width, depth and front- age on a public dedicated arterial or APPENDIX C— ZONING § 45 -35.1 major street or appropriate access mission shall consider, among other which will accommodate the pro- things: convenient routes for pedes- posed use and design. trian traffic, particularly of children; 11. In the event any building or struc- the relationship of the proposed proj- ture built under this section is de- ect to main traffic thoroughfares and stroyed or removed by or for any to street and road intersections; and, cause, said building or structure, if the general character and intensity replaced, shall be replaced with a of the existing and potential devel- building or structure of similar size opment of the neighborhood. In ad- and type not exceeding the dimen- dition, where appropriate, the com - sions of the original building or struc- mission shall determine that noise, ture. The developer shall include the vibration, odor, light, glare, heat, elec- appropriate deed restrictions and/or tromagnetic or radioactive radia- covenants so as to require replace- tion, or other external effects, from ment as outlined above. any source whatsoever which is con- nected with the proposed use, will III. Referral to planning commission. The vil- not have a detrimental effect upon lage council shall refer each application for a neighboring property or the neigh - planned unit development to the planning com- boring area in general. mission for study and recommendation. 3. The location and height of buildings, IV. Action of planning committee [commis- the location, nature and height of sion.] walls and fences, and the nature and A. After a study of an application for a planned extent of landscaping of the site shall unit development and the required public be such that they will not hinder or hearing, the planning commission shall discourage the proper development make a recommendation to the village and use of adjacent land and build - council to approve, approve as modified, ings nor impair the value thereof. or reject the application based upon the 4. The standards of density and re- following standards: quired open space in the proposed 1. The proposed use or uses shall be of project are at least equal to those such location, size and character as required by this ordinance in the to be in harmony with the appropri- zoning district in which the proposed ate and orderly development of the project is to be located. zoning district in which situated and shall not be detrimental to the or- 5. There shall be no uses within the derly development of adjacent zon- proposed project which are not per - ing districts. mitted uses in the zoning district in 2. The location and size of the proposed which the proposed project is to be use or uses, the nature and intensity located. of the principal use and all accessory Exception: A mixed use occupancy may be uses, the site layout and its relation allowed if the existing zoning district us- to streets giving access to it, shall be age is commercial. The mixed usage occu- such that traffic to and from the use panty shall only be residential and mer- or uses, and the assembly of persons cantile or residential and business. in connection therewith, will not be hazardous or inconvenient to the B. The commission may recommend such neighborhood nor conflict with the changes or modifications in the proposed normal traffic of the neighborhood. plan as are needed to achieve conformity In applying this standard, the com- to the standards as herein specified. The Supp. No. 60 2510.1 § 45 -35.1 NORTH PALM BEACH CODE reasons for the changes or modifications shall be included in the recommendation. C. The commission shall not recommend the project unless it finds that all of the stan- dards as herein specified have been met. If there are minor modifications to the provisions of this chapter, the commission may recommend its approval at the same time. It shall also, where it deems appro- priate and necessary, recommend to the village council those conditions to be im- posed upon the project, its operation, or both, that are needed to assure adherence to the aforesaid standards. V. Action of village council. The village council, upon the receipt from the planning commission of the report on the planned unit development and the minor modifications to the provisions of this chapter may, after the required public hearing, approve or reject such project and modifications, incorporating with an approval such conditions as the council deems appropriate. The approval shall be by ordinance. VI. Effect of approval of village council. The approval of the application by the village council shall allow the building official to issue a building permit in conformity with the application as ap- proved. This permit shall specify with particular- ity the exact modifications to the provisions of this chapter which have been approved. The holder of this permit may then proceed with his project in conformity with said permit. No deviations from the conditions of the permit shall be allowed except those which shall be in conformity with the basic provisions of this ordinance as they apply to the zoning district in which the project is located. VII. Public notice. Public notice of all hearings conducted in accordance with this section shall be provided as required by section 21 -3 of the village Code. (Ord. No. 23 -79, § 1, 10- 25 -79; Ord. No. 16 -87, § 1, 10- 22 -87; Ord. No. 2006 -05, § 1, 4- 13 -06; Ord. No. 2009 -16, § 6, 11- 12 -09; Ord. No. 2011 -10, § 2, 5- 26 -11; Ord. No. 2014 -09, § 14, 9- 25 -14) Sec. 45 -35.2. C-OS conservation and open space district. A. Intent. The intent of this section is to pro- vide for land uses and activities within land areas designated for the primary purpose of conserving or protecting natural resources of environmental quality. B. Uses permitted. Within any part of the C -OS conservation and open space district, no building, structure, land or water shall be used, except for one or more of the following uses: 1. Passive recreation. 2. Flood control. 3. Protection of quality or quantity of ground water or surface water. 4. Floodplain management. 5. Fisheries management. 6. Protection of vegetative community or wild- life habitats. 7. Residential and administrative buildings for the protection of the C -OS district. 8. Single- family dwellings with accessory buildings customarily incident thereto. a. Building height regulations. No main building shall exceed two (2) stories in height and no accessory building more than one (1) story. b. Building site area regulations. The minimum lot or building site for each single family dwelling shall be one (1) acre of upland area and have at least one (1) lot dimension, width or length, of a minimum of one hun- dred fifty (150) feet. C. Yard space regulation. No building or portion thereof shall occupy a position fifty (50) feet or less from the upland/wetland boundary of the property. C. Coastal zone protection. The Village of North Palm Beach adopts, by reference, the Palm Beach County Coastal Protection Ordinance No. 90 -2 in its entirety. (Ord. No. 20 -90, § 2, 6- 28 -90; Ord. No. 25 -90, § 1, 6- 28 -90; Ord. No. 24 -91, § 1, 7- 11 -91) Sec. 45 -35.3. Northlake Boulevard Overlay Zoning District (NBOZ). Article 1 Established. The Northlake Boulevard Overlay Zoning Dis- trict (NBOZ) shall consist of that portion of real Supp. No. 60 2510.2 APPENDIX C— ZONING properties within the village that front upon or are adjacent to Northlake Boulevard as indicated on the official zoning map. Article 2 Consistency With Comprehensive Land Use Plan Supp. No. 60 2510.2.1 § 45 -35.3 1 1 I APPENDIX C— ZONING section to review the completed ap- plication and accompanying submit- tals. After completing the review of the application and fulfilling the pub- lic notice and hearing requirements set forth above, the planning com- mission shall take one of the follow- ing actions: i. Grant the certificate of appro- priateness with an immediate effective date; ii. Grant the certificate of appro- priateness with special modifi- cations and conditions; or iii. Deny the certificate of appropri- ateness. g. The planning commission shall make written findings and conclusions that specifically relate the criteria for granting certificates of appropriate- ness. All parties shall be given the opportunity to present evidence through documents, exhibits, testi- mony, or other means. All parties shall be given the opportunity to rebut evidence through cross -exam- ination or other means. h. The department shall record and keep records of all meetings. The records shall include the vote, absence, or abstention of each member upon each question, all official actions of the planning commission, and the find- ings and conclusions of the planning commission. All records shall be filed in the department. i. Any person aggrieved by a decision reached by the planning commission may appeal the decision to the vil- lage council. No work for which a certificate of appropriateness is required may be undertaken unless a certificate of appropriateness authorizing the work is conspicuously posted on the prop- erty where the work is to be per- formed. Supp. No. 60 2515 (Ord. No. 24 -90, § 1, 6- 28 -90) Cross reference— Alcoholic beverages, Ch. 3. Secs. 45 -38, 45 -39. Reserved. ARTICLES IV, V. RESERVED* Secs. 45- 40- 45 -48. Reserved. § 45 -49 ARTICLE VI. AMENDMENTS —FEES; WAITING PERIODS Sec. 45 -49. Applications for rezoning, etc. (1) All applications for rezoning and all appli- cations to amend, supplement, modify or repeal the boundaries, districts, regulations or restric- tions established by this chapter shall be done by application to the planning commission of the village. The application to the planning commis- sion may be made by any property owner or tenant or by a governmental office, department, board or bureau. Such applications shall be filed with the community development department of the village, which shall transmit the same, to- gether with all the plans, specifications, applica- tion blank and other papers pertaining to the application, to the planning commission. Any such application, except by a governmental agency, must be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget together with a deposit of the estimated cost of the village processing the application. Upon the village determining the actual costs, applicants shall pay the balance, if any, in full of such costs including advertising prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant. *Editor's note — Ordinance No. 6 -77, § 6, adopted April 28, 1977, repealed Art. IV, §§ 45- 40- 45 -43, and Art. V, §§ 45- 44- 45 -48, of App. C, which articles pertained to the zoning board of adjustment and the planning and zoning advisory board, both of which articles derived unchanged from the original zoning ordinance. For provisions concerning the planning commission and the board of adjustment, see Ch. 21, Arts. II and III. § 45 -49 NORTH PALM BEACH CODE (2) All applications to the planning commis- sion concerning rezoning shall be upon forms to be supplied by the community development de- partment. (3) Whenever, after review, investigation and hearing, any application for a change of district classification has been denied, an application for a like change cannot be reinstated for a period of at least one (1) year after said denial. (4) Public notice of all hearings shall be pro- vided as required by section 21 -3 of the village Code. (Ord. No. 15 -78, § 1, 6 -8 -78; Ord. No. 06 -2001, § 7, 3- 22 -01; Ord. No. 2009 -16, § 7, 11- 12 -09; Ord. No. 2014 -09, § 15, 9- 25 -14) Editor's note —A copy of the forms to be used are attached to Ord. No. 185 -68 as exhibit 1, from which ordinance section 45 -49 was derived. Sec. 45 -50. Application for variances. (1) All applications for variances to regula- tions or restrictions established by this ordinance shall be done by application to the board of adjustment of the village. The application to the board of adjustment may be made by any prop- erty owner or tenant or by a governmental office, department, board or bureau. Such applications shall be filed with the community development director of the village, who shall transmit the same, together with all the plans, specifications, application blank and other papers pertaining to the application, to the board of adjustment. Any such application, except by a governmental agency, must be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget. (2) All applications to the board of adjustment concerning variances shall be upon forms to be supplied by the community development depart- ment. (3) Public notice of all hearings shall be pro- vided as required by section 21 -3 of the village Code. (Ord. No. 6 -77, § 4,4-28-77; Ord. No. 06 -2001, § 8, 3- 22 -01; Ord. No. 2009 -16, § 7, 11- 12 -09; Ord. No. 2014 -09, § 15, 9- 25 -14) Editor's note —A copy of the forms to be used are attached to ordinance No. 186 -68, as Exhibit 1, from which ordinance section 45 -50 was derived. Supp. No. 60 2516 Secs. 45- 51- 45 -59. Reserved. ARTICLE VII. NONCONFORIMNG USES OF LAND AND STRUCTURES Sec. 45 -60. Intent. (1) Within the districts established by this ordinance, or amendments that may later be adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regu- lated, or restricted under the terms of this ordi- nance or future amendments. (2) It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their continuation. Such uses are declared by this ordinance to be incompatible with permitted uses in the district involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited else- where in the same district. (Ord. No. 12 -75, § 1, 9- 11 -75) Sec. 45 -61. Extension and enlargement. (1) A nonconforming use of a structure, a non- conforming use of land, or a nonconforming use of structure and land shall not be extended or en- larged after passage of this ordinance by attach- ment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. (2) To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was law - fully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Except that where demolition or removal of an existing building has been substantially APPENDIX C— ZONING begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construc- tion, provided that work shall be diligently car- ried on until completion of the building involved. (Ord. No. 12 -75, § 1, 9- 11 -75) Sec. 45 -62. Nonconforming lots of record. (1) In any district in which single - family dwell- ings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single - family dwelling and customary accessory buildings may be erected on any single lot of Supp. No. 60 2516.1 § 45 -62 APPENDIX C— ZONING § 45 -64 L record at the effective date of adoption or amend- ment of this ordinance. Such lot must be in separate ownership and not of continuous front- age with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, pro- vided that yard dimensions and other require- ments not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, or yard requirements shall be obtained only through action of the board of adjustment. (2) If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in angle [single] ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as estab- lished by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel *be made which leaves remaining any lot with width or area below the requirements in this ordinance. (Ord. No. 12 -75, § 1, 9- 11 -75) Sec. 45 -63. Nonconforming uses of land. Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, and where such use involves no individual struc- ture with a replacement cost exceeding one thou- sand dollars ($1,000.00), such use may be contin- ued, so long as it remains otherwise lawful, subject to the following provisions: (1) No such nonconforming use shall be en- larged or increased, nor extended to oc- cupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; unless such use is changed to a use permitted in the district in which such use is located; Supp. No. 22 2517 (2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amend- ment of this ordinance; °(3) If any such 'nonconforming use of land ceases for any reason for a period of more than ninety (90) consecutive days, any subsequent use of such land shall conform to the regulations specified by this ordi- nance for the district in which such land is located; (4) No additional structure which does not conform to the requirements of this ordi- nance shall be erected in connection with such nonconforming use of land. (Ord. No. 12 -75, § 1, 9- 11 -75) Sec. 45 -64. Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provi- sions: (1) No such structure may be enlarged or altered in a way which increases its non - conformity, but any structure or portion thereof may be altered to decrease its nonconformity; (2) Should such structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction, as determined by the village engineer or village building offi- cial, it shall not be reconstructed except in conformity with the provisions of this ordinance; (3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. (Ord. No. 12 -75, § 1, 9- 11 -75) § 45 -65 NORTH PALM BEACH CODE 1 Sec. 45 -65. Nonconforming uses of struc- tures or of structures and pre - mises in combination. (1) If a lawful use involving individual struc- tures with a replacement cost of one thousand dollars ($1,000.00) or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: (a) No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; (b) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amend- ment of this ordinance, but no such use shall be extended to occupy any land outside such building; (c) Any structure, or structure and land in combination, in or on which a nonconform- ing use is superseded by a permitted use, shall thereafter conform to the regula- tions for the district in which such struc- ture is located, and the nonconforming use may not thereafter be resumed; (d) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three -year period (ex- cept when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located; (e) Where nonconforming use status applies to a structure and premises in combina- tion, removal or destruction of the struc- ture shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the .replacement cost at time of destruction. (2) Nonconformities not involving the use of a principal structure, e.g., open storage, building supplies, vehicle, mobile home, implement and machinery storage, signs, billboards, junkyards, commercial animal yards and the like, shall be discontinued within two (2) years of the effective date of this ordinance or amendment. (Ord. No. 12 -75, § 1, 9- 11 -75) Sec. 45 -66. Repairs and maintenance. (1) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten (10) percent of the current replacement value of the building, pro- vided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased. (2) Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protect- ing the public safety, upon order of such official. (Ord. No. 12 -75, § 1, 9- 11 -75) Sec. 45 -67. Temporary uses. The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of this ordinance unless it complies with the terms of this ordinance. (Ord. No. 12 -75, § 1, 9- 11 -75) Sec. 45 -68. Reserved. (Ord. No. 12 -75, § 1, 9- 11 -75) Supp. No. 22 2518 [The next page is 26191 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. Supp. No. 60 2819 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(0 205.192 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 Ch. 280 2 -4 163.3180(12) 21 -48 280.04 2 -4 ch. 166 6 -16 286.011 2 -1 Ch. 24 Ch. 316 18 -20 Ord. No. 2478 § 3 316.008 Ch. 18 166.021 Ch. 17, Art. II 316.1955, 316.1956 18 -37 166.221 17 -34 320.01(1) 14 -37 166.231 Ch. 26, Art. III ch. 327 Ch. 5 ch. 170 21 -2 327.02 5 -33 Supp. No. 60 2819 Section 335.065 337.29 337.401 337.401(3) 337.403, 337.404 342.03 362.01 364.02 ch. 373 ch. 380 380.04 393 ch. 394 ch. 395 ch. 400 ch. 401 ch. 402 402.302(4), 402.302(5) 413.08 ch. 419 ch. 458 ch. 459 471.003 ch. 472 ch. 480 ch. 495 ch. 553 553.73 553.73(2) 553.775 561.01 561.01 et seq. 563.01 564.01 565.01 628.901 633.35 633.025 633.0215 ch. 650 650.02 658.12 NORTH PALM BEACH CODE Section this Code 19 -99 App. B, Art. IV, § 36 -29.1 29 -2 29-2,29-3 29 -5(a), (e) 29 -6(a) 28 -3 29 -7 Ch. 5 29 -2 29 -3 19 -200 21 -44 App. B, Art. II, § 36 -10 21 -103 App. C, § 45 -2 App. C, § 45 -2 App. C, § 45 -36 App. C, § 45 -2 11.5 -21 App. C, § 45 -2 App. C, § 45 -34.1 17 -33 4 -27(d) 17 -33 App. C, § 45 -2 App. C, § 45 -36 App. C, § 45 -36 29- 8(c)(1) App. B, Art. I, § 36 -6 App. C, § 45 -2 1 -10 6 -16 11 -11 6 -2 6 -18 3 -1 Ch. 3 3 -1 3 -1 3 -1 29 -12(d) 2 -159 12 -16 12 -16 Ch. 2, Art. V, Div. 2 2 -136 2 -136 2 -4 Section ch. 760 768.28 775.082, 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 App. C, § 45 -2 29 -12(d) 2 -169(fl 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 Supp. No. 60 2820 [The next page is 28691 CODE COMPARATIVE TABLE [The next page is 29331 Supp. No. 61 2895 Adoption Section Ord. No. Date Section this Code 2014 -13 12 -11 -14 2 Added Ch. 6, Art. IV, §§ 6- 72-6-86 2014 -14 12 -11 -14 2 2 -4 2015 -03 3 -12 -15 2 Added Ch. 17, Art. VIII, §§ 17- 81 -17 -94 2015 -04 4- 9 -15 2 Added 19 -12 2015 -05 4- 9 -15 2 2- 159(b) 3 2- 163(a)(1) 2015 -07 4 -23 -15 2 14 -30(4) [The next page is 29331 Supp. No. 61 2895 i CODE INDEX Supp. No. 36 2957 Section Section ZONING (Appendix C) ZONING (Appendix C) (Cont'd.) (Note- Section references herein are ex- Permitted uses .................... 45 -32(A) clusive to Appendix C) Site area .......................... 45 -32(C) Adult entertainment establishments Yards and open spaces ............. 45 -320 Administrative requirements; supple- C -3 Regional Business District mental Height ............................ 45- 34.1(5) Plan review .................... 45- 20(8)(b) Landscaping ...................... 45- 34.1(4) Rules of construction............ 45- 20(8)(a) Location of business for retail sales Definitions ........................ 45 -20(3) of alcoholic beverages......... 45- 34.1(9) Disclosure of names aliases and dates Lot coverage; maximum............ 45- 34.1(6) of birth of employees ......... 45- 20(10) Off - street loading and internal circu- Display or exposure of specified ana- lation ........................ 45- 34.1(3) tomical area ................. 45 -20(9) Off - street parking................. 45- 34.1(2) Enforcement ...................... 45- 20(11) Permitted uses.................... 45- 34.1(1) Findings of fact ................... 45 -20(2) Setbacks .......................... 45- 34.1(5) Legislative intent ................. 45 -20(1) Signs ............................. 45- 34.1(7) Measurement of distance .......... 45 -20(5) Special C -3 Planned Unit Develop - Nonconforming uses ............... 45 -20(7) ment (PUD) provisions........ 45- 34.1(10) Prohibited locations ............... 45 -20(4) Surface water management........ 45- 34.1(8) Variance, none .................... 45 -20(6) C -A Commercial District Alcoholic beverages. See also that sub- Architecture ...................... 45 -310 ject Conditions for permitted uses ...... 45 -31(C) Location of business for retail sales Floor area ........................ 45 -31(I) of alcoholic beverages......... 45- 20(2), 45 -36.N General description ................ 45 -31(A) C -3 Regional Business District... 45- 34.1(9) Height ............................ 45 -31(D) Amendments Off- street parking and loading ..... 45 -31(G) Changes and amendments ......... 45 -5 Off - street parking lot layout, construe- Fees; waiting periods tion and maintenance......... 45 -31(H) Application for variances ........ 45 -50 Permitted uses .................... 45 -31(B) Applications for rezoning, etc..... 45 -49 Yards and open spaces ............. 45 -31(F) Antenna and antenna towers ......... 45 -21 CB Commercial District Architecture Architecture ...................... 45- 31.1(J) C -A Commercial District ........... 45 -31(J) Conditions for permitted uses ...... 45- 31.1(C) CB Commercial District............ 45- 31.10 Floor area ........................ 45- 31.1(I) Automotive service stations General description ................ 45- 31.1(A) Emergency generators required for. 45 -23 Height ............................ 45- 31.1(D) Buildings Off - street parking and loading ..... 45- 31.1(G) C -1 Neighborhood Commercial Dis- Off - street parking lot layout, construc- trict ......................... 45 -33(C) tion and maintenance......... 45- 31.1(H) District regulations, buildings and Permitted uses .................... 45- 31.1(B) uses to conform to............ 45 -19 Site area .......................... 45- 31.1(E) Floor area regulations. See herein: Yards and open spaces ............. 45- 31.1(F) Floor Area CC 1lransitional Commercial District Height regulations. See herein: Height Building height regulations ........ 45- 32.1(D) Nonconforming uses of land and strut- Building site area regulations ...... 45- 32.1(E) tures. See herein that subject Conditions for permitted uses ...... 45- 32.1(C) Site area regulations. See herein: Site General description ................ 45- 32.1(A) Area Off - street parking layout........... 45- 32.1(H) C -1 Neighborhood Commercial District Off - street parking regulations ...... 45- 32.1(G) Building and floor area regulations . 45 -33(C) Uses permitted .................... 45- 32.1(B) Floor area ...................... 45 -33(F) Yards ............................. 45- 32.1(F) Heights ........................... 45 -33(B) Changes and amendments............ 45 -5 Off - street parking ................. 45 -33(E) Commercial District Permitted uses .................... 45 -33(A) Development standards ............ 45 -34(B) Conditions for permitted uses.... 45 -33(G) Use and operating restrictions...... 45 -34(C) Yard space regulations ............. 45 -33(D) Uses permitted.................... 45 -34(A) C -1A Limited Commercial District Conflict of provisions ................. 45 -4 Conditions for permitted uses ...... 45 -32(G) C -OS Conservation and Open Space Dis- Floor area ........................ 45 -32(F) trict Height ............................ 45 -32(B) Coastal zone protection ............ 45- 35.2(C) Supp. No. 36 2957 Supp. No. 36 2958 NORTH PALM BEACH CODE Section Section ZONING (Appendix, C) (Cont'd.) ZONING (Appendix C) (Cont'd.) Intent ............................ 45- 35.2(A) Nonconforming uses of land and struc- Permitted uses .................... 45- 35.2(B) tures Definitions .......................... 45 -2 Adult entertainment establishments 45 -20(7) Adult entertainment establishments 45 -20(3) Extension and enlargement ........ 45 -61 Rules of construction ............ 45= 20(8)(a) Intent ............................ 45 -60 Historic site overlay district........ 45 -37(b) Land, nonconforming uses of....... 45 -63 Districts Lots of record, nonconforming ...... 45 -62 Division of village into districts..... 45 -16 Repairs and maintenance.......... 45 -66 Enumerated ...................... 45 -16 Structures and premises in combina- See also specific districts as in- tion, nonconforming uses of ... 45 -65 dexed Structures, nonconforming......... 45 -64 General provisions ................ 45 -36 Temporary uses................... 45 -67 Emergency generators required for au- Architectural elements tomotive service stations ........ 45 -23 Architectural elements .......... 5 -5 Floor area Building color and finish ........ 5 -4 C -1 Neighborhood Commercial Dis- Building facade /elevation........ 5 -3 tract ......................... 45- 33(C),(F) Definitions ..................... 5 -8 C -1A Limited Commercial District.. 45 -32(F) Design treatments .............. 5 -2 C -A Commercial District ........... 45 -31(I) General provisions .............. 5 -1 CB Commercial District............ 45- 31.1(I) Preferred roof materials /styles... 5 -7 R -2 Multiple. Dwelling Dis Window /door treatments......... 5 -6 tract ......................... 45 -28(E) Consistency with comprehensive land R -3 Apartment Dwelling District ... 45 -30(F) use plan n ..................... Art.2 Height Established ..................... Art. 1 General provisions C -1 Neighborhood Commercial Dis- Applicability .................... 3 -1 tract ......................... 45-33(B) Procedure and regulations....... 3 -2 C -1A Limited Commercial District.. 45 -32(B) Landscape elements C -3 Regional Business District ..... 45- 34.1(5) Administration ................. 6 -2 C -A Commercial District ........... 45 -31(D) Foundation landscaping and plant - CB Commercial District............ 45- 31.1(D) ings ....................... 6 -12 CC Transitional Commercial District 45- 32.1(D) Intent .......................... 6 -1 R -1 Single - Family Dwelling Districts 45 -27(B) Irrigation ...................... 6 -14 R -2 Multiple - Family Dwelling Dis- Landscape requirements for off - trict ......................... 45 -28(B) street parking areas ....... 6 -10 R -3 Apartment Dwelling District ... 45 -30(B) Maintenance ................... 6 -13 Historic site overlay district Minimum landscape buffer and Definitions ........................ 45 -37(b) planting requirements...... 6 -11 Local register of historic sites Minimum landscape requirements 6 -8 Creation of ..................... 45 -37(C) Miscellaneous landscape elements 6 -9 Initiation of placement on ....... 45 -37(D) New construction and substantial Placement on ..................... 45 -37(E) revision................... 6 -5 Certificate of appropriateness.... 45 -37(H) Nonconforming landscape areas.. 6 -3 Criteria for listing on ........... 45 -37(F) Preferred landscape palette...... 6 -7 Effect of listing on .............. 45 -37(G) Prohibited and standard invasive Purpose .......................... 45 -37(a) plants..................... 6 -6 Interpretation of provisions........... 45 -3 Pruning ........................ 6 -15 Landscaping Tree and plant installation ...... 6 -4 C -3 Regional Business District ..... 45- 34.1(4) Signage and outdoor displays Loading, off - street. See herein: Off- Accessory signs ................. 7 -5 Street Loading and Internal Cir- Appearance .................... 7 -2 culation Business signs .................. 7 -6 Lots Definitions ..................... 7 -11 C -3 Regional Business District ..... 45- 34.1(6) Design, construction, and location CB Commercial District............ 45- 31.1(H) standards ................. 7 -9 Nonconforming lots of record ....... 45 -62 Exempt signs ................... 7 -3 Map Exterior architectural lighting ... 7 -10 Official zoning map. See herein that General provisions .............. 7 -1 subject Measurement determinations .... 7 -8 Supp. No. 36 2958 r � CODE INDEX Supp. No. 53 2959 Section ZONING (Appendix C) (Cont'd.) Street numbers .................... 7 -7 Temporary signs ................... 7 -4 Site plan elements .................... Art. 8 Building orientation and placement . 8 -2 General design .................... 8 -1 Off- street parking areas ............ 8 -3 Pedestrian amenities ............... 8 -4 Site and street furniture ........... 8 -5 Zoning regulations Development review regulations .... 4 -1 Land use chart .................... 4 -2 Use definitions and supplemental reg- ulations ...................... 4 -3 Northlake Boulevard overlay zoning dis- trict (NBOZ) ....................... 45 -35.3 Oceanfront land 45 -27(B) Ocean setback ........................ 45 -22 Official zoning map 45 -27(E) Adopted by reference ................. 45 -17(1) Boundary conflict interpretations...... 45 -18 Buildings and uses to conform to district 45 -27(D) regulations ..................... 45 -19 Changes ............................. 45-17(3) Damaged, destroyed, etc ............... 45 -17(5) Identification ......................... 45 -17(2) Location; final authority .............. 45 -17(4) Off- street loading and internal circulation 45 -28(H) C -3 Regional Business District ........ 45- 34.1(3) Off - street parking 45 -28(A) C -1 Neighborhood Commercial District. 45 -33(E) C -1A Limited Commercial District..... 45 -32(E) C -3 Regional Business District ........ 45- 34.1(2) C -A Commercial District .............. 45- 31(G), (H) CB Commercial District ............... 45- 31.1(G), (H) CC Transitional Commercial District .. 45- 32.10, (H) R -1 Single - Family Dwelling Districts .. 45 -27(E) R -2 Multiple - Family Dwelling District . 45 -28(F) R -3 Apartment Dwelling District ...... 45 -30(E) Open spaces. See herein: Yards and Open Spaces 45- 34.1(5) Parking 45 -22 Off - street loading and internal circula- 45 -1 tion. See herein that subject Off - street parking regulations. See herein: 45- 34.1(7) Off- Street Parking 45 -16.1 Permitted uses Automotive Commercial District....... 45 -34(A) C -1 Neighborhood Commercial District. 45- 33(A), (G) C -1A Limited Commercial District ..... 45- 32(A), (G) C -2 General Commercial District ...... 45 -34(A) C -3 Regional Business District ........ 45- 34.1(1) C -A Commercial District .............. 45- 31(B), (C) CB Commercial District ............... 45- 31.1(B), (C) CC Transitional Commercial District .. 45- 32.1(B) C -OS Conservation and Open Space Dis- 45- 34.1(8) trict ............................ 45-35.2(B) R -1 Single - Family Dwelling Districts .. 45 -27(A) R -2 Multiple - Family Dwelling District. 45 -28(A) R -3 Apartment Dwelling District ...... 45 -30(A) Supp. No. 53 2959 Section ZONING (Appendix C) (Cont'd.) Planned unit development C -3 Regional Business District ........ 45- 34.1(10) Filing of application .................. 45- 35.1(II) Planning commission Action of .......................... 45.35.1(IV) Referral to ........................ 45- 35.1(III) Public notice ......................... 45- 35.1(VII) Statement of intent ................... 45- 35.1(I) Village council Action of .......................... 45- 35.1(V) Effect of approval of ................ 45- 35.1(VI) Public district Restricted uses ....................... 45 -35 R -1 Single - Family Dwelling District Annexed land in ...................... 45 -20 Height ............................... 45 -27(B) Mechanical equipment ................ 45 -27(G) Off- street parking .................... 45 -27(E) Permitted uses ....................... 45 -27(A) Site area ............................. 45 -27(C) Yards and open spaces ................ 45 -27(D) R -2 Multiple - Family Dwelling District Community residential home regula- tions ........................... 45 -28(G) Floor area ........................... 45 -28(E) Height ............................... 45 -28(B) Mechanical equipment ................ 45 -28(H) Off- street parking .................... 45 -28(F) Permitted uses ....................... 45 -28(A) Site area ............................. 45 -28(C) Yards and open spaces ................ 45 -28(D) R -3 Apartment Dwelling District Floor area ........................... 45 -30(F) Height ............................... 45 -30(B) Off - street parking .................... 45 -30(E) Permitted uses ....................... 45 -30(A) Site area ............................. 45 -30(C) Yards and open spaces ................ 45 -30(D) Setbacks C -3 Regional Business District ........ 45- 34.1(5) Oceanfront land ...................... 45 -22 Short title .............................. 45 -1 Signs C -3 Regional Business District ........ 45- 34.1(7) Similar uses ............................ 45 -16.1 Site area CAA Limited Commercial District ..... 45 -32(C) C -A Commercial District .............. 45 -31(E) CB Commercial District ............... 45- 31.1(E) CC Transitional Commercial District .. 45- 32.1(E) R -1 Single - Family Dwelling Districts .. 45 -27(C) R -2 Multiple- Family Dwelling District. 45 -28(C) R -3 Apartment Dwelling District ...... 45 -30(C) Surface water management C -3 Regional Business District ........ 45- 34.1(8) Telecommunications antenna and antenna towers ............................ 45 -21 Violation and penalty ................... 45 -6 Supp. No. 53 2960 Section NORTH PALM BEACH CODE Section ZONING (Appendix C) (Cont'd.) Yards and open spaces C -1 Neighborhood Commercial District. 45 -33(D) C -1A Limited Commercial District ..... 45 -32(D) C -A Commercial District .............. 45 -31(F) CB Commercial District ............... 45- 31.1(F) CC Transitional Commercial District .. 45- 32.1(F) R -1 Single - Family Dwelling Districts .. 45 -27(D) R -2 Multiple- Family Dwelling District. 45 -28(D) R -3 Apartment Dwelling District ...... 45 -30(D) Supp. No. 53 2960 Section