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Code of Ordinances Supplement 66 SUPPLEMENT NO.66 October 2017 CODE OF ORDINANCES Village of NORTH PALM BEACH,FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No.2017-13,adopted September 28,2017. See the Code Comparative Table for further information. Remove Old Pages Insert New Pages xi—xvi xi—xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:3 SH:3 381, 382 381, 382 385, 386 385-386.1 777 777 779-789 779-799 1681 1681, 1682 1689, 1690 1689-1694 2895 2895 2937,2938 2937-2938.1 2943-2946 2943-2946.2 Insert and maintain this instruction sheet in front of this publication.File removed pages for reference. unicode Municipal Code Corporation I P.O.Box 2235 Tallahassee, FL 32316 info@municode.com 1800.262.2633 www.municode.com TABLE OF CONTENTS Page Officials of the Village. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii Preface. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v Adopting Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii Readopting Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xJ Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [I] Supplement History Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SH:I PART I CHARTER Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Art. I. Corporate Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Art. I.A. Vision Statement . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Art. 11. Territorial Boundaries. . . . . . . . . . . . . . . . . . . . . . . 5 Art. 111. Legislative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 Art. IV. Administrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Art. V. Qualifications and Elections. . . . . . . . . . . . . . . . . . 17 Art. VI. Transition Schedule . . . . . . . . . . . . . . . . . . . . . . . . 18 Charter Comparative Table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 PART CODE OF ORDINANCES Chapter 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 2. Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134.3 Art. 11. Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.7 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.7 Div. 2. Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . 138.8 Art. 111. 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 . . . . . . . . . . . . . . . . . . 141 Div. 5. Police Department. . . . . . . . . . . . . . . . . . . . . . . 142 Div. 6. Fire Rescue Department . . . . . . . . . . . . . . . . . 142.1 Div. 7. Department of Public Works . . . . . . . . . . . . . 142.1 Div. 8. Department of Library. . . . . . . . . . . . . . . . . . . 142.2 Div. 9. Department of Country Club. . . . . . . . . . . . . 143 Div. 10. Department of Recreation. . . . . . . . . . . . . . . 143 Div. 11. Department of Community Development. 143 Supp. No. 66 xi NORTH PALM BEACH CODE Chapter Page Art. IV. Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Art. V. Pensions and Retirement Systems. . . . . . . . . . . . 144 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Div. 2. Social Security . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Div. 3. Pension and Certain Other Benefits for General Employees. . . . . . . . . . . . . . . . . . . . . . 145 Div. 4. Pension and Certain Other Benefits for Fire 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. 11. Dogs and Cats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 Art. 111. Rabies Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 5. Boats, Docks and Waterways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321 Art. 11. Boat Launching Area . . . . . . . . . . . . . . . . . . . . . . . 326 Art. 111. Construction Requirements. . . . . . . . . . . . . . . . . 326.1 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326.1 Div. 2. Canals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326.1 Div. 3. Bulkheads and Seawalls . . . . . . . . . . . . . . . . . 327 Div. 4. Docks and Piers. . . . . . . . . . . . . . . . . . . . . . . . . 328 Div. 5. Erosion Control Structures. . . . . . . . . . . . . . . 333 Art. IV. Marine Sanctuaries. . . . . . . . . . . . . . . . . . . . . . . . . 333 Art. V. Waterways Board . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 6. Buildings and Building Regulations . . . . . . . . . . . . . . . . . . . . . . 381 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383 Art. 11. Minimum Construction Standards . . . . . . . . . . . 383 Art. 111. Appearance Code . . . . . . . . . . . . . . . . . . . . . . . . . . 386 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386 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. 11. Filling Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 8. Emergency Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509 Art. 11. Civil Disorders and Disturbances . . . . . . . . . . . . 510 Supp. No. 66 xii TABLE OF CONTENTS—Cont'd. Chapter Page Art. 111. Exempt Employee Emergency Duty . . . . . . . . . 511 9. Country Club . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 559 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561 Art. 11. Golf Advisory Board . . . . . . . . . . . . . . . . . . . . . . . . 562 Art. 111. Finances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 563 10. Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617 Art. 11. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 Art. 111. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 Art. IV. Polling Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 11. Electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 671 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 673 Art. 11. Electrical Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 673 11.5. Emergency Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697 Art. 11. Emergency Medical Services. . . . . . . . . . . . . . . . . 697 12. Fire Prevention and Protection. . . . . . . . . . . . . . . . . . . . . . . . . . 723 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 725 Art. 11. Florida Fire Prevention Code. . . . . . . . . . . . . . . . 725 Art. 111. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 726 Art. IV. Recovery of Costs for Cleanup,Abatement and Removal of Hazardous Substances. . . . . . . . . . . 726 12.5. Flood Damage Prevention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 777 Art. I. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 779 Art. 11. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789 Art. 111. Flood Resistant Development. . . . . . . . . . . . . . . 794 13. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 839 14. Health and Sanitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 889 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 891 Art. 11. Garbage, Trash and Refuse. . . . . . . . . . . . . . . . . . 891 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 891 Div. 2. Garbage Collection and Disposal . . . . . . . . . 891 Div. 3. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893 Art. 111. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894 Art. IV. Abatement of Public Nuisances on Private Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894 15. Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 945 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 947 Art. 11. Abandoned Real Property . . . . . . . . . . . . . . . . . . . 949 16. Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 997 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 999 Art. 11. Library Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 999 17. Licenses and Miscellaneous Business Regulations. . . . . . . . 1051 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1053 Supp. No. 66 xiii NORTH PALM BEACH CODE Chapter Page Art. 11. Local Business Tax . . . . . . . . . . . . . . . . . . . . . . . . . 1057 Art. 111. Businesses Located Outside Village Limits . . 1060.4 Art. IV. Simulated Gambling Devices. . . . . . . . . . . . . . . . 1063 Art. V. Ambulances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1065 Art. VI. Garage and Other Sales . . . . . . . . . . . . . . . . . . . . 1066 Art. VII. Business Advisory Board . . . . . . . . . . . . . . . . . . 1066 Art. VIII. Peddlers and Solicitors. . . . . . . . . . . . . . . . . . . . 1067 17.5 Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1121 18. Motor Vehicles and Traffic. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1171 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1173 Art. 11. Operation of Vehicles Generally . . . . . . . . . . . . . 1173 Art. 111. Stopping, Standing and Parking . . . . . . . . . . . . 1174 19. Offenses and Miscellaneous Provisions . . . . . . . . . . . . . . . . . . 1225 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1227 Art. 11. Sexual Offenders and Sexual Predators . . . . . . 1230 Art. 111. Offenses Against Property. . . . . . . . . . . . . . . . . . 1230 Art. IV. Offenses Against Public Morals . . . . . . . . . . . . . 1230 Art. V. Offenses Against Public Peace . . . . . . . . . . . . . . . 1231 Art. VI. Noise Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1231 Art. VII. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1234 Art. VIII. Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1234 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. 11. Meetings and Gatherings. . . . . . . . . . . . . . . . . . . . 1292 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1292 Div. 2. Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1292 Art. 111. Recreation Advisory Board . . . . . . . . . . . . . . . . . 1293 21. Planning and Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1343 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1345 Art. 11. Planning Commission. . . . . . . . . . . . . . . . . . . . . . . 1347 Art. 111. 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. 11. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465 Art. 111. Reserve Force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465 24. Streets, Sidewalks and Public Places . . . . . . . . . . . . . . . . . . . . 1517 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1519 Art. 11. Work Performed Within Rights-of-Way . . . . . . . 1519 Supp. No. 66 xiv TABLE OF CONTENTS—Cont'd. Chapter Page Art. 111. Sidewalks and Driveways . . . . . . . . . . . . . . . . . . 1520.3 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1520.3 Div. 2. Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523 25. Swimming Pools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1573 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1575 Art. 11. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1575 Art. 111. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1576 26. Taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1627 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1629 Art. 11. Insurance Excise Taxes . . . . . . . . . . . . . . . . . . . . . 1629 Art. 111. Utility Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1629 Art. IV. Telecommunications Service Tax . . . . . . . . . . . . 1630 27. Trees and Shrubbery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1681 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1683 Art. 11. Trees in Swale Areas . . . . . . . . . . . . . . . . . . . . . . . 1683 Art. 111. 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 Art. IV. Fertilizer-Friendly Use Ordinance . . . . . . . . . . . 1690 28. Use of Rights-of-Way for Utilities . . . . . . . . . . . . . . . . . . . . . . . 1739 29. Communications Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1781 Appendices A. Appearance Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2043 B. Subdivisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2353 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2355 Art. 11. Procedures for Subdivision Plat Approval . . . . 2358 Art. 111. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2481 Art. 11. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2486 Art. 111. District Regulations. . . . . . . . . . . . . . . . . . . . . . . . 2488.7 Arts. IV, V. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2529 Art. VI. Amendments—Fees; Waiting Periods . . . . . . . . 2529 Art. VII. Nonconforming Uses of Land and Structures 2530 D. Franchises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2619 Statutory Reference Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2819 Supp. No. 66 xv NORTH PALM BEACH CODE Page Code Comparative Table-1970 Code. . . . . . . . . . . . . . . . . . . . . . . . . 2869 Code Comparative Table—Laws of Florida. . . . . . . . . . . . . . . . . . . . 2873 Code Comparative Table—Ordinances. . . . . . . . . . . . . . . . . . . . . . . . 2875 Charter Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2933 Code Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2935 Supp. No. 66 xvi Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service,this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp.No. Page No. Supp.No. Title Page 64 12.1 61 in 1 13, 14 25 V,vi OC 15, 16 33 vii,viii OC 16.1 33 ix OC 17, 18 25 x.i,x.ii 1 19 25 X.111 1 65 61 xi,xii 66 77 OC xin,xiv 66 79, 80 OC xv,xvl 66 81, 82 58 SH:1, SH:2 63 83 58 SH:3 66 133, 134 62 1 25 134.1, 134.2 62 3,4 25 134.3, 134.4 62 5, 6 25 135, 136 60 7, 8 25 137, 138 60 9, 10 29 138.1, 138.2 60 10.1, 10.2 53 138.3, 138.4 60 10.3, 10.4 53 138.5, 138.6 60 10.5, 10.6 53 138.7, 138.8 60 11, 12 61 138.9, 138.10 60 [1] Supp.No.66 NORTH PALM BEACH CODE Page No. Supp.No. Page No. Supp.No. 139, 140 34 326.1, 326.2 63 141, 142 62 327, 328 27 142.1, 142.2 62 329, 330 58 143, 144 52 331, 332 58 144.1 52 332.1 58 145, 146 47 333, 334 45 147, 148 47 335 45 149, 150 47 381, 382 66 151, 152 65 383, 384 53 152.1, 152.2 65 385, 386 66 152.2.1 65 386.1 66 152.3, 152.4 47 387, 388 60 152.5, 152.6 60 389, 390 60 153, 154 61 391, 392 60 154.1 61 392.1, 392.2 60 155, 156 46 392.3, 392.4 60 157, 158 52 392.5 60 159, 160 61 393, 394 56 160.1, 160.2 61 395, 396 56 161, 162 46 397, 398 56 162.1, 162.2 46 398.1 56 163, 164 52 398.15, 398.16 40 164.1, 164.2 65 399,400 53 164.3 65 401 53 165, 166 48 453 OC 167, 168 48 455,456 22 169, 170 48 507 57 211 OC 509, 510 57 213,214 19 511, 512 57 263 59 559 36 265,266 59 561, 562 52 266.1 59 563 40 267,268 52 615 36 269 52 617, 618 36 319, 320 63 671 2 321, 322 63 673 24 323, 324 63 695 13 325, 326 63 697 52 [2] Supp.No.66 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 723 52 1061, 1062 8 725, 726 52 1063, 1064 54 727 52 1065, 1066 54 777 66 1067, 1068 61 779, 780 66 1069, 1070 61 781, 782 66 1121 OC 783, 784 66 1171 65 785, 786 66 1173, 1174 65 787, 788 66 1175, 1176 65 789, 790 66 1177, 1178 65 791, 792 66 1179, 1180 65 793, 794 66 1225 61 795, 796 66 1227, 1228 61 797, 798 66 1229, 1230 63 799 66 1231, 1232 63 839 OC 1233, 1234 63 889 39 1235 63 891, 892 61 1237, 1238 52 893, 894 52 1239, 1240 52 895 50 1241, 1242 52 945 41 1289 52 947, 948 49 1291, 1292 52 948.1 49 1293, 1294 29 949, 950 41 1295 29 951 41 1343, 1344 62 997 OC 1345, 1346 62 999, 1000 22 1347, 1348 62 1051, 1052 61 1348.1 62 1052.1 61 1349, 1350 45 1053, 1054 31 1350.1, 1350.2 45 1054.1, 1054.2 31 1351, 1352 33 1054.3, 1054.4 31 1353, 1354 33 1055, 1056 36 1355, 1356 33 1057, 1058 33 1356.1 33 1059, 1060 33 1357, 1358 OC 1060.1, 1060.2 43 1359, 1360 33 1060.3, 1060.4 43 1361, 1362 33 1060.5 43 1363, 1364 52 [3] Supp.No.66 NORTH PALM BEACH CODE Page No. Supp.No. Page No. Supp.No. 1364.1 52 1799 65 1365, 1366 33 2043 OC 1366.1, 1366.2 52 2045,2046 62 1366.3, 1366.4 33 2046.1 62 1367 5 2047,2048 OC 1411 OC 2049,2050 OC 1463 OC 2051,2052 OC 1465, 1466 52 2053 OC 1517 64 2353 OC 1519, 1520 64 2355,2356 OC 1520.1, 1520.2 64 2357,2358 33 1520.3, 1520.4 64 2359,2360 33 1521, 1522 47 2361,2362 33 1523 47 2363,2364 33 1573 24 2364.1 33 1575, 1576 29 2365,2366 OC 1627 9 2367,2368 37 1629, 1630 27 2368.1 37 1631 27 2369,2370 OC 1681, 1682 66 2371,2372 OC 1683, 1684 33 2373,2374 33 1684.1, 1684.2 24 2375,2376 33 1685, 1686 OC 2377,2378 33 1687, 1688 17 2379 33 1689, 1690 66 2479,2480 62 1691, 1692 66 2481,2482 62 1693, 1694 66 2483,2484 62 1739 14 2485,2486 62 1741, 1742 21 2487,2488 62 1781 65 2488.1,2488.2 62 1783, 1784 65 2488.3,2488.4 62 1785, 1786 65 2488.5,2488.6 62 1787, 1788 65 2488.7,2488.8 62 1789, 1790 65 2489,2490 59 1791, 1792 65 2491,2492 59 1793, 1794 65 2493,2494 59 1795, 1796 65 2495,2496 59 1797, 1798 65 2497,2498 59 [4] Supp.No.66 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 2499,2500 59 2510.49,2510.50 25,Add. 2501,2502 59 2510.51,2510.52 25,Add. 2503,2504 62 2510.53,2510.54 25,Add. 2504.1,2504.2 62 2510.55,2510.56 25,Add. 2504.2.1 62 2511,2512 57 2504.3,2504.4 59 2512.1,2512.2 57 2504.5,2504.6 59 2512.2.1,2512.2.2 63 2504.7,2504.8 59 2512.3,2512.4 49 2505,2506 10 2512.5,2512.6 50 2507,2508 13 2512.7,2512.8 51 2509,2510 62 2512.9,2512.10 63 2510.1,2510.2 62 2512.10.1 63 2510.2.1 62 2512.11,2512.12 51 2510.3,2510.4 54 2512.13 51 2510.5,2510.6 54 2513,2514 OC 2510.7,2510.8 54 2515,2516 62 2510.9,2510.10 54 2517,2518 62 2510.11,2510.12 54 2519,2520 62 2510.12.1,2510.12.2 54 2521,2522 62 2510.12.3 54 2523,2524 62 2510.13,2510.14 25,Add. 2525,2526 62 2510.15,2510.16 25,Add. 2527,2528 62 2510.17,2510.18 25,Add. 2529,2530 62 2510.19,2510.20 25,Add. 2531,2532 62 2510.21,2510.22 25,Add. 2533 62 2510.23,2510.24 51 2619 48 2510.25,2510.26 25,Add. 2819,2820 63 2510.27,2510.28 25,Add. 2869,2870 OC 2510.29,2510.30 25,Add. 2871 OC 2510.31,2510.32 25,Add. 2873 OC 2510.33,2510.34 25,Add. 2875,2876 OC 2510.35,2510.36 51 2877,2878 OC 2510.37,2510.38 25,Add. 2879,2880 OC 2510.39,2510.40 25,Add. 2881,2882 14 2510.41,2510.42 25,Add. 2883,2884 14 2510.43,2510.44 25,Add. 2885,2886 19 2510.45,2510.46 25,Add. 2887,2888 25,Add. 2510.47,2510.48 25,Add. 2889,2890 33 [5] Supp.No.66 NORTH PALM BEACH CODE Page No. Supp.No. 2891,2892 51 2893,2894 60 2895 66 2933,2934 25 2935,2936 65 2937,2938 66 2938.1 66 2939,2940 65 2941,2942 65 2943,2944 66 2945,2946 66 2946.1,2946.2 66 2947,2948 65 2948.1 65 2949,2950 55 2951,2952 64 2953,2954 65 2954.1 65 2955,2956 55 2957,2958 62 2959,2960 62 [6] Supp.No.66 SUPPLEMENT HISTORY TABLE Date Included/ Ord, No, Adopted Omitted Supp, No, 2015-15 9-24-15 Omitted 63 2015-16 9-24-15 Omitted 63 2015-17 1-14-16 Omitted 63 2015-18 9-24-15 Omitted 63 2015-19 11-12-15 Included 63 2015-20 11-12-15 Included 63 2015-21 12-10-15 Omitted 63 2015-22 12-10-15 Included 63 2016-02 1-14-16 Omitted 63 2016-03 1-14-16 Omitted 63 2016-01 4-28-16 Omitted 64 2016-04 1-28-16 Omitted 64 2016-05 3-24-16 Omitted 64 2016-06 5-12-16 Included 64 2016-25(Res.) 5-12-16 Omitted 64 2016-07 9- 8-16 Included 65 2016-08 9-22-16 Omitted 65 2016-09 9-22-16 Omitted 65 2016-10 11-10-16 Omitted 65 2016-11 12- 8-16 Omitted 65 2017-01 1-12-17 Omitted 65 2017-02 1-12-17 Included 65 2017-03 1-26-17 Included 65 2017-04 2- 9-17 Omitted 65 2017-05 2- 9-17 Omitted 65 2017-08 5-25-17 Omitted 66 2017-10 7-27-17 Omitted 66 2017-11 8-24-17 Included 66 2017-12 9-28-17 Omitted 66 2017-13 9-28-17 Included 66 2017-14 9-28-17 Omitted 66 2017-15 9-28-17 Omitted 66 Supp. No. 66 SH:3 Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Article I. In General See. 6-1. Construction on public land prohibited. See. 6-2. Reserved. See. 6-3. Reserved. See. 6-4. Reserved. Sees. 6-5-6-15. Reserved. Article 11. Minimum Construction Standards See. 6-16. Authority. See. 6-17. Codes adopted. See. 6-18. Construction board of adjustment and appeals. See. 6-19. Violations;penalty. See. 6-20. Reserved. See. 6-21. Technical amendments to the Florida Building Code,Residential. Sees. 6-22-6-29. Reserved. Article 111. Appearance Code Division 1. Generally See. 6-30. Short title. See. 6-31. Definition. See. 6-32. Intent and purposes. See. 6-33. Appearance plan. See. 6-34. Reserved. See. 6-35. Appeals and review. See. 6-36. Powers and duties of planning commission concerning the appearance code. Sees. 6-37-6-42. Reserved. Division 2. Reserved Sees. 6-43-6-55. Reserved. Division 3. Certificate of Appropriateness See. 6-56. Preliminary consideration. See. 6-57. Final hearings. See. 6-58. Action of planning commission. See. 6-59. Approval by planning commission. See. 6-60. Follow-up by community development department. Sees. 6-61-6-71. Reserved. Article IV. Abatement of Unsafe or Unsanitary Buildings See. 6-72. Purpose and scope. *Cross references-Construction requirements for waterway related structures,§5-49 et seq.;enforcement of Ch. 6 by code enforcement board,§2-171 et seq.;bulkhead lines,Ch. 7;electricity,Ch. 11;fire prevention and protection,Ch. 12;flood damage prevention, Ch. 12.5;housing, Ch. 15;permissible times for construction activity, § 19-111;planning and development, Ch. 21; streets,sidewalks and public places,Ch. 24;swimming pools,Ch. 25;use of rights-of-way for utilities,Ch. 28;appearance plan, App. A; subdivision regulations,App. B;zoning regulations,App. C. Supp. No. 66 381 NORTH PALM BEACH CODE Sec. 6-73. Unsafe or unsanitary buildings and structures. Sec. 6-74. Enforcement and right of entry. Sec. 6-75. Inspection. Sec. 6-76. Violations. Sec. 6-77. Service of notice of violation. Sec. 6-78. Placard posting. Sec. 6-79. Hearing. Sec. 6-80. Implementation. Sec. 6-81. Appeal. Sec. 6-82. Performance of work. Sec. 6-83. Recovery of costs. Sec. 6-84. Imposition of lien. Sec. 6-85. Authority to expend funds. Sec. 6-86. Provisions supplemental. Secs. 6-87-6-109. Reserved. Article V. Signs and Outdoor Displays Sec. 6-110. Purpose and scope of regulations. Sec. 6-111. General provisions. Sec. 6-112. Exempt signs. Sec. 6-113. Prohibited signs. Sec. 6-114. Permitted temporary signs. Sec. 6-115. Permitted permanent accessory signs. Sec. 6-116. Measurement determinations. Sec. 6-117. Design,construction, and location standards. Sec. 6-118. Severability. Secs. 6-119-6-149. Reserved. Article VI. Reserved Article VII. Reserved Supp. No. 66 382 BUILDINGS AND BUILDING REGULATIONS §6-21 be deemed a violation of the building code and Sec. 6-21. Technical amendments to the shall be subject to code enforcement proceedings. Florida Building Code, (g) Procedures. Residential. (1) The board shall meet as necessary to R322.2.1 Elevation requirements. consider appeals of the decisions and 1. Buildings and structures in flood hazard interpretations of the building official areas not designated as Coastal A Zones and consider variances to the building shall have the lowest floors elevated to or code. above the base flood elevation plus 1 foot (2) The board's decision shall be set forth in or the design flood elevation, whichever a written order. An order involving the is higher. building official's interpretation of the 2. Buildings and structures in flood hazard building code shall be reviewed utilizing areas designated as Coastal A Zones the procedure set forth in F.S. § 553.775, shall have the lowest floors elevated to or as amended. All other orders entered by above the base flood elevation plus 1 foot the board shall be appealed through the (305 mm), or to the design flood eleva- filing of a petition for writ of certiorari in tion, whichever is higher. the circuit court within thirty (30) days after rendition of the order. Such an 3. In areas of shallow flooding (AO Zones), appeal shall not be a hearing de novo, buildings and structures shall have the but shall be limited to appellate review of lowest floor(including basement)elevated the record created before the board. at least as high above the highest adjacent (Ord. No. 2012-02, § 2, 3-8-12) grade as the depth number specified in feet on the FIRM plus 1 foot, or at least 3 Sec. 6-19. Violations; penalty. feet if a depth number is not specified. Any person, firm or corporation who shall 4. Basement floors that are below grade on violate a provision of this article, or fail to all sides shall be elevated to or above the comply therewith, or with any of the require- base flood elevation plus 1 foot or the ments thereof, shall be guilty of a misdemeanor. design flood elevation,whichever is higher. Each such person shall be deemed guilty of a Exception: Enclosed areas below the design separate offense for each and every day or flood elevation,including basements whose floors portion thereof during which any violation of any are not below grade on all sides, shall meet the of the provisions of this article is committed or requirements of Section R322.2.2. continued and, upon conviction of any such violation, such person shall be punished by a fine R322.3.2 Elevation requirements. of not less than fifty dollars ($50.00) nor more 1. All buildings and structures erected within than five hundred dollars ($500.00), or by coastal high-hazard areas shall be elevated imprisonment not exceeding six (6) months, or so that the lowest portion of all structural by both such fine and imprisonment. members supporting the lowest floor,with (Ord. No. 25-80,§ 3, 10-9-80;Ord. No. 12-83, § 3, the exception of piling,pile caps,columns, 8-25-83) grade beams and bracing, is elevated to Editor's note—Ordinance No. 25-80,§3,adopted Oct. 9, 1980,was nonamendatory of the Code;hence,its inclusion as Or above the base flood elevation plus 1 §6-19 was at the editor's discretion. foot or the design flood elevation, whichever is higher. Sec. 6-20. Reserved. 2. Basement floors that are below grade on Editor's note—Section 3 of Ord. No. 14-92, adopted all sides are prohibited. Sept. 10, 1992, repealed former § 6-20, relative to amend- ments to the Standard Plumbing Code, which derived from 3. The use of fill for Structural Support is Ord. No. 20-91, § 1, adopted May 23, 1991. prohibited. Supp. No. 66 385 §6-21 NORTH PALM BEACH CODE 4. Minor grading, and the placement of (2) To enhance the values of property minor quantities of fill, shall be permit- throughout the village. ted for landscaping and for drainage (3) To protect and to stabilize the general purposes under and around buildings appearance of buildings, structures, and for support of parking slabs, pool landscaping and open areas, in the decks, patios and walkways. multiple dwelling, commercial and public Exception:Walls and partitions enclosing areas zoning districts of the village. below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. (4) To insure adequate light, air and privacy for property in the multiple dwelling, (Ord. No. 2017-11, § 3, 8-24-17) commercial and public zoning districts of Secs. 6-22-6-29. Reserved. the village. (5) To encourage and promote acceptability, attractiveness, cohesiveness and compat- ARTICLE III. APPEARANCE CODE* ibility of new buildings, developments, remodeling and additions so as to DIVISION 1. GENERALLY maintain and improve the established standards of property values within the Sec. 6-30. Short title. multiple-dwelling,commercial and public districts of the village. This article,including any regulation hereafter (Code 1970, § 6 zoning dist ist adopted, shall hereafter be known, cited and referred to as the "Appearance Code." Sec. 6-33. Appearance plan. (Code 1970, § 6-21) The village hereby adopts by reference thereto Sec. 6-31. Definition. the appearance plan attached as exhibit A to The term "external architectural feature" is Ordinance No. 3-72 of the village. The appear- defined to mean the architectural style and ance plan is set forth at length in Appendix A of general arrangement of such portion of a build- this Code. ing or structure as is designed to be open to view (Code 1970, § 6-40; Ord. No. 3-72, § 1) from a public street, place or way, or from adjoining premises. Sec. 6-34. Reserved. (Code 1970, § 6-39; Ord. No. 4-71, § 1; Ord. No. Editor's note—Ordinance No. 4-79, § 1, adopted March 2-72, § 1) 8, 1979,amended Ord. No. 6-77,§5,enacted April 28, 1977, Cross reference—Rules of construction and definitions to repeal §§ 6-29-6-32 of the 1970 Code, of which §§ 6-30, generally, § 1-2. 6-32 were codified as § 6-34 of this Code. Former § 6-34 pertained to amendments of the appearance plan. Sec. 6-32. Intent and purposes. This appearance code is adopted for the follow- Sec. 6-35. Appeals and review ing purposes: The applicant or any interested party may file (1) To promote the public health, safety, an appeal to the village council on any ruling by morals, comfort and general welfare of the planning commission made pursuant to this the citizens of the village. article. An appeal shall be on forms provided by the village. The appeal shall be filed or made *Editor's note—Ordinance No. 6-77, § 5, enacted April within ten (10) days after decision of the plan- 28, 1977, adopted §§6-30-6-36, 6-56-6-60, concerning the ning commission. Appeals shall set forth the appearance code, as part of the comprehensive plan for the alleged inconsistency or nonconformity with village. Ord. No. 4-79, adopted March 8, 1979, removed the procedures or criteria set forth in this article or appearance code from the comprehensive plan. Cross references—Planning and development, Ch. 21; Standards Set forth in or pursuant to this article. appearance plan,App. A. The village council Shall decide an appeal within Supp. No. 66 386 BUILDINGS AND BUILDING REGULATIONS §6-42 thirty (30) days of the filing of such appeal Secs. 6-37-6-42. Reserved. unless an extension of time is consented to by the applicant, and such filing shall suspend any building permit issued pursuant to the ruling of the planning commission until the village council has decided the appeal. The village council may review any decision of the planning commission and their disposition of the matter shall be final. (Code 1970, § 6-37; Ord. No. 6-77, § 5, 4-28-77) Sec. 6-36. Powers and duties of planning commission concerning the appearance code. The planning commission shall have the fol- lowing powers and duties: (1) To hold public hearings on and make recommendations for amendments to the appearance plan. (2) To consult with and cooperate with the planning and zoning advisory board, the beautification committee and other vil- lage departments, and any other municipal or governmental bodies on mat- ters affecting the appearance of the vil- lage. (3) To study exterior design drawings, landscape and site plans and materials for any proposed public works or public improvements and to make recommenda- tions to the council or village manager as to the architectural or aesthetic aspects thereof. (4) To study and review preliminary and final plats and make recommendations to the planning and zoning advisory board and the village council. (5) To hold hearings, when required, on the issuance of certificates of appropriate- ness as provided in section 6-59, in con- nection with questions pertaining to applications for building permits and to issue or deny such certificates pursuant to the provisions of such section 6-59. (Code 1970, § 6-28; Ord. No. 6-77, § 5, 4-28-77) Editor's note—Section 6-48 has been redesignated as §6-36 at the editor's discretion for purposes of classification. Cross reference—Planning commission, §21-11. Supp. No. 66 386.1 Chapter 12.5 FLOOD DAMAGE PREVENTION* Article I. Administration See. 12.5-1. General provisions. See. 12.5-2. Applicability. See. 12.5-3. Duties and powers of the floodplain administrator. See. 12.5-4. Permits. See. 12.5-5. Site plans and construction documents. See. 12.5-6. Inspections. See. 12.5-7. Variances and appeals. See. 12.5-8. Violations. Sees. 12.5-9-12.5-20. Reserved. Article 11. Definitions See. 12.5-21. General. Sees. 12.5-22-12.5-30. Reserved. Article 111. Flood Resistant Development See. 12.5-31. Buildings and structures. See. 12.5-32. Subdivisions. See. 12.5-33. Site improvements, utilities and limitations. See. 12.5-34. Manufactured homes. See. 12.5-35. Recreational vehicles and park trailers. See. 12.5-36. Tanks. See. 12.5-37. Other development. *Editor's note—Ord. No. 2017-11, § 2, adopted August 24, 2017, repealed ch. 12.5, arts. I—III, §§ 12.5-1-12.5-11, 12.5-21-12.5-24, 12.5-41-12.5-45, in its entirety; and enacted a new ch. 12.5, to read as set out herein. Former ch. 12.5 pertained to similar subject matter,and was derived from Ord. No. 2-83,§§1-20,adopted February 10, 1983 and Ord. No. 1-87, §§ 1-3, adopted January 8, 1987. Cross references—Buildings and building regulations,Ch. 6;bulkhead lines, Ch. 7;civil emergencies, Ch. 8;housing,Ch. 15;planning and zoning generally, Ch. 21;subdivisions,App. B;consideration of soil and flood hazards prior to plat approval, App. B, §36-17(2);zoning,App. C. Supp. No. 66 777 FLOOD DAMAGE PREVENTION § 12.5-1 ARTICLE I. ADMINISTRATION (5) Minimize damage to public and private facilities and utilities; Sec. 12.5-1. General provisions. (6) Help maintain a stable tax base by provid- (a) Title. These regulations shall be known as ing for the sound use and development of the "Flood Damage Prevention Ordinance of flood hazard areas; Village of North Palm Beach" hereinafter referred to as "this chapter." (7) Minimize the need for future expenditure of public funds for flood control projects (b) Scope. The provisions of this chapter shall and response to and recovery from flood apply to all development that is wholly within or events; and partially within any flood hazard area, including (g) Meet the requirements of the National but not limited to the subdivision of land;filling, Flood Insurance Program for community grading, and other site improvements and utility participation as set forth in the Title 44 installations; construction, alteration, remodel- Code of Federal Regulations, Section ing, enlargement, improvement, replacement, repair, relocation or demolition of buildings, 59.22. structures, and facilities that are exempt from (d) Coordination with the Florida Building the Florida Building Code; placement, installa- Code. This chapter is intended to be administered tion, or replacement of manufactured homes and and enforced in conjunction with the Florida manufactured buildings; installation or replace- Building Code. Where cited, ASCE 24 refers to ment of tanks;placement of recreational vehicles; the edition of the standard that is referenced by installation of swimming pools; and any other the Florida Building Code. development. (c) Intent. The purposes of this chapter and (e) Warning. The degree of flood protection the flood load and flood resistant construction required by this chapter and the Florida Build- requirements of the Florida Building Code are to ing Code, as amended by this community, is establish minimum requirements to safeguard considered the minimum reasonable for regula- the public health, safety, and general welfare tory purposes and is based on scientific and and to minimize public and private losses due to engineering considerations. Larger floods can flooding through regulation of development in and will occur. Flood heights may be increased by man-made or natural causes. This chapter flood hazard areas to: does not imply that land outside of mapped (1) Minimize unnecessary disruption of com- special flood hazard areas, or that uses permit- merce, access and public service during ted within such flood hazard areas, will be free times of flooding; from flooding or flood damage. The flood hazard areas and base flood elevations contained in the (2) Require the use of appropriate construc- Flood Insurance Study and shown on Flood tion practices in order to prevent or Insurance Rate Maps and the requirements of minimize future flood damage; Title 44 Code of Federal Regulations, Sections 59 (3) Manage filling,grading,dredging,mining, and 60 may be revised by the Federal Emergency paving, excavation, drilling operations, Management Agency, requiring this community storage of equipment or materials, and to revise these regulations to remain eligible for other development which may increase participation in the National Flood Insurance flood damage or erosion potential; Program. No guaranty of vested use, existing use, or future use is implied or expressed by (4) Manage the alteration of flood hazard compliance with this chapter. areas, watercourses, and shorelines to minimize the impact of development on (f) Disclaimer of Liability. This chapter shall the natural and beneficial functions of not create liability on the part of Village Council the floodplain; of North Palm Beach or by any officer or employee Supp. No. 66 779 § 12.5-1 NORTH PALM BEACH CODE thereof for any flood damage that results from as special flood hazard area unless the reliance on this chapter or any administrative applicant obtains a Letter of Map Change decision lawfully made thereunder. that removes the area from the special (Ord. No. 2017-11, § 2, 8-24-17) flood hazard area. Sec. 12.5-2. Applicability. (e) Other laws. The provisions of this chapter shall not be deemed to nullify any provisions of (a) General. Where there is a conflict between local, state or federal law. a general requirement and a specific require- (f) Abrogation and greater restrictions. The ment,the specific requirement shall be applicable. ordinance from which this chapter is derived (b) Areas to which this chapter applies. This supersedes any ordinance in effect for manage- chapter shall apply to all flood hazard areas ment of development in flood hazard areas. within North Palm Beach as established in However, it is not intended to repeal or abrogate subsection 12.5-2(c). any existing ordinances including but not limited to land development regulations, zoning (c) Basis for establishing flood hazard areas. ordinances, stormwater management regula- The Flood Insurance Study for Palm Beach tions, or the Florida Building Code. In the event County, Florida and Incorporated Municipalities of a conflict between this chapter and any other dated October 5,2017,and all subsequent amend- ordinance, the more restrictive shall govern. ments and revisions,and the accompanying Flood This chapter shall not impair any deed restric- Insurance Rate Maps(FIRM),and all subsequent tion, covenant or easement, but any land that is amendments and revisions to such maps, are subject to such interests shall also be governed adopted by reference as a part of this ordinance by this chapter. and shall serve as the minimum basis for establishing flood hazard areas. Studies and (g) Interpretation. In the interpretation and maps that establish flood hazard areas are on application of this chapter, all provisions shall file at the Building Department at Building be: Division, The Shops at Village Square, 420 U.S. (1) Considered as minimum requirements; Highway One, Suite 21, North Palm Beach, FL 33408. (2) Liberally construed in favor of the govern- (d) Submission of additional data to establish ing body; and flood hazard areas. To establish flood hazard (3) Deemed neither to limit nor repeal any areas and base flood elevations, pursuant to other powers granted under state statutes. section 12.5-5 the Floodplain Administrator may (Ord. No. 2017-11, § 2, 8-24-17) require submission of additional data. Where field surveyed topography prepared by a Florida Sec. 12.5-3. Duties and powers of the licensed professional surveyor or digital floodplain administrator. topography accepted by the community indicates (a) Designation. The Village Building Official that ground elevations: is designated as the Floodplain Administrator. (1) Are below the closest applicable base The Floodplain Administrator may delegate flood elevation, even in areas not performance of certain duties to other employees. delineated as a special flood hazard area on a FIRM, the area shall be considered (b) General. The Floodplain Administrator is as flood hazard area and subject to the authorized and directed to administer and enforce requirements of this chapter and, as the provisions of this chapter. The Floodplain applicable,the requirements of the Florida Administrator shall have the authority to render Building Code. interpretations of this chapter consistent with the intent and purpose of this chapter and may (2) Are above the closest applicable base establish policies and procedures in order to flood elevation,the area shall be regulated clarify the application of its provisions. Such Supp. No. 66 780 FLOOD DAMAGE PREVENTION § 12.5-3 interpretations, policies, and procedures shall (d) Substantial improvement and substantial not have the effect of waiving requirements damage determinations. For applications for build- specifically provided in this chapter without the ing permits to improve buildings and structures, granting of a variance pursuant to section 12.5-7. including alterations, movement, enlargement, replacement, repair, change of occupancy, addi- (c) Applications and permits. The Floodplain tions, rehabilitations, renovations, substantial Administrator, in coordination with other improvements, repairs of substantial damage, pertinent offices of the community, shall: and any other improvement of or work on such (1) Review applications and plans to buildings and structures, the Floodplain determine whether proposed new develop- Administrator, in coordination with the Building ment will be located in flood hazard Official, shall: areas; (1) Estimate the market value, or require (2) Review applications for modification of the applicant to obtain an appraisal of any existing development in flood hazard the market value prepared by a qualified areas for compliance with the require- independent appraiser, of the building or ments of this chapter; structure before the start of construction of the proposed work; in the case of (3) Interpret flood hazard area boundaries repair, the market value of the building where such interpretation is necessary to or structure shall be the market value determine the exact location of boundar- before the damage occurred and before ies; a person contesting the determina- any repairs are made; tion shall have the opportunity to appeal the interpretation; (2) Compare the cost to perform the improve- ment,the cost to repair a damaged build- (4) Provide available flood elevation and flood ing to its pre-damaged condition, or the hazard information; combined costs of improvements and (5) Determine whether additional flood repairs,if applicable,to the market value hazard data shall be obtained from other of the building or structure; sources or shall be developed by an (3) Determine and document whether the applicant; proposed work constitutes substantial (6) Review applications to determine whether improvement or repair of substantial proposed development will be reasonably damage; and safe from flooding; (4) Notify the applicant if it is determined (7) Issue floodplain development permits or that the work constitutes substantial approvals for development other than improvement or repair of substantial buildings and structures that are subject damage and that compliance with the to the Florida Building Code, including flood resistant construction require- buildings,structures and facilities exempt ments of the Florida Building Code and from the Florida Building Code, when this chapter is required. compliance with this chapter is demonstrated, or disapprove the same in (e) Modifications of the strict application of the event of noncompliance; and the requirements of the Florida Building Code. The Floodplain Administrator shall review (8) Coordinate with and provide comments requests submitted to the Building Official that to the Building Official to assure that seek approval to modify the strict application of applications, plan reviews, and inspec- the flood load and flood resistant construction tions for buildings and structures in flood requirements of the Florida Building Code to hazard areas comply with the applicable determine whether such requests require the provisions of this chapter. granting of a variance pursuant to section 12.5-7. Supp. No. 66 781 § 12.5-3 NORTH PALM BEACH CODE (f) Notices and orders. The Floodplain (5) Notify the Federal Emergency Manage- Administrator shall coordinate with appropriate ment Agency when the corporate boundar- local agencies for the issuance of all necessary ies of North Palm Beach are modified; notices or orders to ensure compliance with this and chapter. (6) Advise applicants for new buildings and structures,including substantial improve- (g) Inspections. The Floodplain Administrator ments, that are located in any unit of the shall make the required inspections as specified Coastal Barrier Resources System in section 12.5-6 for development that is not established by the Coastal Barrier subject to the Florida Building Code, including Resources Act (Pub. L. 97-348) and the buildings, structures and facilities exempt from Coastal Barrier Improvement Act of 1990 the Florida Building Code. The Floodplain (Pub. L. 101-591)that federal flood insur- Administrator shall inspect flood hazard areas ante is not available on such construc- to determine if development is undertaken without tion; areas subject to this limitation are issuance of a permit. identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System (h) Other duties of the Floodplain Administra- Areas" and "Otherwise Protected Areas." tor. The Floodplain Administrator shall have (i) Floodplain management records. Regard- other duties, including but not limited to: less of any limitation on the period required for (1) Establish,in coordination with the Build- retention of public records, the Floodplain ing Official, procedures for administer- Administrator shall maintain and permanently ing and documenting determinations of keep and make available for public inspection all substantial improvement and substantial records that are necessary for the administra- damage made pursuant to subsection(d); tion of this chapter and the flood resistant construction requirements of the Florida Build- (2) Require that applicants proposing altera- ing Code, including Flood Insurance Rate Maps; tion of a watercourse notify adjacent Letters of Map Change; records of issuance of communities and the Florida Division of permits and denial of permits; determinations of Emergency Management,State Floodplain whether proposed work constitutes substantial Management Office, and submit copies of improvement or repair of substantial damage; such notifications to the Federal required design certifications and documenta- Emergency Management Agency(FEMA); tion of elevations specified by the Florida Build- ing Code and this chapter;notifications to adjacent (3) Require applicants who submit hydrologic communities, FEMA, and the state related to and hydraulic engineering analyses to alterations of watercourses; assurances that the support permit applications to submit to flood carrying capacity of altered watercourses FEMA the data and information neces- will be maintained; documentation related to sary to maintain the Flood Insurance appeals and variances,including justification for Rate Maps if the analyses propose to issuance or denial; and records of enforcement change base flood elevations,flood hazard actions taken pursuant to this chapter and the area boundaries, or floodway designa- flood resistant construction requirements of the tions; such submissions shall be made Florida Building Code. These records shall be within six(6)months of such data becom- available for public inspection at Building Divi- ing available; sion. (Ord. No. 2017-11, § 2, 8-24-17) (4) Review required design certifications and documentation of elevations specified by Sec. 12.5-4. Permits. this chapter and the Florida Building (a) Permits required. Any owner or owner's Code to determine that such certifica- authorized agent (hereinafter "applicant") who tions and documentations are complete; intends to undertake any development activity Supp. No. 66 782 FLOOD DAMAGE PREVENTION § 12.5-4 within the scope of this chapter, including build- (6) Chickees constructed by the Miccosukee ings, structures and facilities exempt from the Tribe of Indians of Florida or the Seminole Florida Building Code,which is wholly within or Tribe of Florida. As used in this subsec- partially within any flood hazard area shall first tion, the term "chickee" means an open- make application to the Floodplain Administra- sided wooden but that has a thatched tor, and the Building Official if applicable, and roof of palm or palmetto or other shall obtain the required permit(s) and approv- traditional materials, and that does not al(s). No such permit or approval shall be issued incorporate any electrical, plumbing, or until compliance with the requirements of this other non-wood features. chapter and all other applicable codes and regula- tions has been satisfied. (7) Family mausoleums not exceeding two hundred fifty (250) square feet in area (b) Floodplain development permits or approv- which are prefabricated and assembled als. Floodplain development permits or approv- on site or preassembled and delivered on als shall be issued pursuant to this chapter for site and have walls, roofs, and a floor any development activities not subject to the constructed of granite, marble, or requirements of the Florida Building Code,includ- reinforced concrete. ing buildings, structures and facilities exempt from the Florida Building Code. Depending on (8) Temporary housing provided by the the nature and extent of proposed development Department of Corrections to any prisoner that includes a building or structure, the in the state correctional system. Floodplain Administrator may determine that a (9) Structures identified in F.S. floodplain development permit or approval is § 553.73(10)(k), are not exempt from the required in addition to a building permit. Florida Building Code if such structures (c) Buildings, structures and facilities exempt are located in flood hazard areas from the Florida Building Code. Pursuant to the established on Flood Insurance Rate Maps. requirements of federal regulation for participa- tion in the National Flood Insurance Program (d) Application for a permit or approval. To obtain a floodplain development permit or (44 C.F.R. Sections 59 and 60),floodplain develop- ment permits or approvals shall be required for approval the applicant shall first file an applica- the following buildings, structures and facilities tion in writing on a form furnished by the that are exempt from the Florida Building Code community. The information provided shall: and any further exemptions provided by law, (1) Identify and describe the development to which are subject to the requirements of this be covered by the permit or approval. chapter: (2) Describe the land on which the proposed (1) Railroads and ancillary facilities associ- development is to be conducted by legal ated with the railroad. description, street address or similar (2) Nonresidential farm buildings on farms, description that will readily identify and as provided in F.S. § 604.50. definitively locate the site. (3) Temporary buildings or sheds used (3) Indicate the use and occupancy for which exclusively for construction purposes. the proposed development is intended. (4) Mobile or modular structures used as (4) Be accompanied by a site plan or construc- temporary offices. tion documents as specified in section (5) Those structures or facilities of electric 12.5-5. utilities, as defined in F.S. § 366.02, (5) State the valuation of the proposed work. which are directly involved in the genera- tion, transmission, or distribution of (6) Be signed by the applicant or the electricity. applicant's authorized agent. Supp. No. 66 783 § 12.5-4 NORTH PALM BEACH CODE (7) Give such other data and information as shore protection or other activities required by the Floodplain Administra- seaward of the coastal construction control tor. line; F.S. § 161.141. (e) Validity of permit or approval. The issu- (4) Florida Department of Environmental ante of a floodplain development permit or Protection for activities subject to the approval pursuant to this chapter shall not be Joint Coastal Permit; F.S. § 161.055. construed to be a permit for, or approval of, any (5) Florida Department of Environmental violation of this chapter, the Florida Building Protection for activities that affect Codes, or any other ordinance of this community. wetlands and alter surface water flows, The issuance of permits based on submitted in conjunction with the U.S. Army Corps applications, construction documents, and of Engineers; Section 404 of the Clean information shall not prevent the Floodplain Water Act. Administrator from requiring the correction of errors and omissions. (6) Federal permits and approvals. (Ord. No. 2017-11, § 2, 8-24-17) (f) Expiration.A floodplain development permit or approval shall become invalid unless the work Sec. 12.5-5. Site plans and construction authorized by such permit is commenced within documents. one hundred eighty(180) days after its issuance, or if the work authorized is suspended or (a) Information for development in flood hazard abandoned for a period of one hundred eighty areas. The site plan or construction documents (180) days after the work commences. Exten- for any development subject to the requirements sions for periods of not more than one hundred of this chapter shall be drawn to scale and shall eighty (180) days each shall be requested in include, as applicable to the proposed develop- writing and justifiable cause shall be ment: demonstrated. (1) Delineation of flood hazard areas, flood- (g) Suspension or revocation. The Floodplain way boundaries and flood zone(s), base Administrator is authorized to suspend or revoke flood elevation(s), and ground elevations a floodplain development permit or approval if if necessary for review of the proposed the permit was issued in error, on the basis of development. incorrect, inaccurate or incomplete information, (2) Where base flood elevations or floodway or in violation of this chapter or any other data are not included on the FIRM or in ordinance, regulation or requirement of this the Flood Insurance Study, they shall be community. established in accordance with subsec- (h) Other permits required. Floodplain develop- tion (b)(2) or (3). ment permits and building permits shall include (3) Where the parcel on which the proposed a condition that all other applicable state or development will take place will have federal permits be obtained before commence- more than fifty (50) lots or is larger than ment of the permitted development, including five (5) acres and the base flood eleva- but not limited to the following: tions are not included on the FIRM or in (1) The South Florida Water Management the Flood Insurance Study, such eleva- tions shall be established in accordance District; F.S. § 373.036. with subsection (b)(1). (2) Florida Department of Health for onsite (4) Location of the proposed activity and sewage treatment and disposal systems; F.S. §381.0065,and Chapter 64E-6,F.A.C. proposed structures,and locations of exist- ing buildings and structures; in coastal (3) Florida Department of Environmental high hazard areas, new buildings shall Protection for construction, reconstruc- be located landward of the reach of mean tion, changes, or physical activities for high tide. Supp. No. 66 784 FLOOD DAMAGE PREVENTION § 12.5-5 (5) Location, extent, amount, and proposed (3) Where base flood elevation and floodway final grades of any filling, grading, or data are not available from another source, excavation. where the available data are deemed by (6) Where the placement of fill is proposed, the Floodplain Administrator to not the amount,type, and source of fill mate- reasonably reflect flooding conditions, or rial;compaction specifications; a descrip- where the available data are known to be tion of the intended purpose of the fill scientifically or technically incorrect or areas;and evidence that the proposed fill otherwise inadequate: areas are the minimum necessary to a. Require the applicant to include achieve the intended purpose. base flood elevation data prepared (7) Delineation of the Coastal Construction in accordance with currently Control Line or notation that the site is accepted engineering practices; or seaward of the coastal construction control b. Specify that the base flood elevation line, if applicable. is two (2) feet above the highest (8) Extent of any proposed alteration of sand adjacent grade at the location of the dunes or mangrove stands,provided such development, provided there is no alteration is approved by the Florida evidence indicating flood depths have Department of Environmental Protec- been or may be greater than two (2) tion. feet. (9) Existing and proposed alignment of any (4) Where the base flood elevation data are proposed alteration of a watercourse. to be used to support a Letter of Map Change from FEMA,advise the applicant The Floodplain Administrator is authorized to that the analyses shall be prepared by a waive the submission of site plans, construction Florida licensed engineer in a format documents, and other data that are required by required by FEMA, and that it shall be this chapter but that are not required to be the responsibility of the applicant to prepared by a registered design professional if it satisfy the submittal requirements and is found that the nature of the proposed develop- pay the processing fees. ment is such that the review of such submissions is not necessary to ascertain compliance with (c) Additional analyses and certifications. As this chapter. applicable to the location and nature of the proposed development activity, and in addition (b) Information in flood hazard areas without to the requirements of this section,the applicant base flood elevations(approximate Zone A). Where shall have the following analyses signed and flood hazard areas are delineated on the FIRM sealed by a Florida licensed engineer for submis- and base flood elevation data have not been sion with the site plan and construction docu- ments: (1) Require the applicant to include base flood elevation data prepared in (1) For development activities proposed to accordance with currently accepted be located in a regulatory floodway, a engineering practices. floodway encroachment analysis that demonstrates that the encroachment of (2) Obtain, review, and provide to applicants the proposed development will not cause base flood elevation and floodway data any increase in base flood elevations; available from a federal or state agency where the applicant proposes to undertake or other source or require the applicant development activities that do increase to obtain and use base flood elevation base flood elevations, the applicant shall and floodway data available from a federal submit such analysis to FEMA as speci- or state agency or other source. fied in subsection (d) and shall submit Supp. No. 66 785 § 12.5-5 NORTH PALM BEACH CODE the Conditional Letter of Map Revision, The analyses shall be prepared by a Florida if issued by FEMA, with the site plan licensed engineer in a format required by FEMA. and construction documents. Submittal requirements and processing fees shall (2) For development activities proposed to be the responsibility of the applicant. be located in a riverine flood hazard area (Ord. No. 2017-11, § 2, 8-24-17) for which base flood elevations are included in the Flood Insurance Study or Sec. 12.5-6. Inspections. on the FIRM and floodways have not been designated,hydrologic and hydraulic (a) General.Development for which a floodplain analyses that demonstrate that the development permit or approval is required shall cumulative effect of the proposed develop- be subject to inspection. ment,when combined with all other exist- ing and anticipated flood hazard area (b) Development other than buildings and encroachments,will not increase the base structures. The Floodplain Administrator shall flood elevation more than one (1) foot at inspect all development to determine compliance any point within the community. This With the requirements of this chapter and the requirement does not apply in isolated conditions of issued floodplain development flood hazard areas not connected to a permits or approvals. riverine flood hazard area or in flood hazard areas identified as Zone AO or (c) Buildings, structures and facilities exempt Zone AH. from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures (3) For alteration of a watercourse, an and facilities exempt from the Florida Building engineering analysis prepared in Code to determine compliance with the require- accordance with standard engineering ments of this chapter and the conditions of practices which demonstrates that the issued floodplain development permits or approv- flood-carrying capacity of the altered or als. relocated portion of the watercourse will not be decreased, and certification that (d) Buildings, structures and facilities exempt the altered watercourse shall be from the Florida Building Code, lowest floor maintained in a manner which preserves inspection. Upon placement of the lowest floor, the channel's flood-carrying capacity;the including basement, and prior to further vertical applicant shall submit the analysis to construction, the owner of a building, structure FEMA as specified in subsection (d). or facility exempt from the Florida Building Code, or the owner's authorized agent, shall (4) For activities that propose to alter sand submit to the Floodplain Administrator: dunes or mangrove stands in coastal high hazard areas (Zone V), an engineer- (1) If a design flood elevation was used to ing analysis that demonstrates that the determine the required elevation of the proposed alteration will not increase the lowest floor, the certification of elevation potential for flood damage. of the lowest floor prepared and sealed bya(d) Submission of additional data. When suryFlorida licensed professional e sueyor; or additional hydrologic,hydraulic or other engineer- ing data, studies, and additional analyses are (2) If the elevation used to determine the submitted to support an application,the applicant required elevation of the lowest floor was has the right to seek a Letter of Map Change determined in accordance with subsec- from FEMA to change the base flood elevations, tion 12.5-5(b)(2), the documentation of change floodway boundaries, or change boundar- height of the lowest floor above highest ies of flood hazard areas shown on FIRMS, and to adjacent grade, prepared by the owner or submit such data to FEMA for such purposes. the owner's authorized agent. Supp. No. 66 786 FLOOD DAMAGE PREVENTION § 12.5-7 (e) Buildings, structures and facilities exempt 12.5-7(g), the conditions of issuance set forth in from the Florida Building Code, final inspection. subsection 12.5-7(h), and the comments and As part of the final inspection, the owner or recommendations of the Floodplain Administra- owner's authorized agent shall submit to the for and the Building Official. The Construction Floodplain Administrator a final certification of Board of Adjustment and Appeals has the right elevation of the lowest floor or final documenta- to attach such conditions as it deems necessary tion of the height of the lowest floor above the to further the purposes and objectives of this highest adjacent grade; such certifications and chapter. documentations shall be prepared as specified in subsection 12.5-6(d). (d) Restrictions in floodways. A variance shall (f) Manufactured homes. The Floodplain not be issued for any proposed development in a Administrator shall inspect manufactured homes floodway if any increase in base flood elevations that are installed or replaced in flood hazard Would result, as evidenced by the applicable areas to determine compliance with the require- analyses and certifications required in subsec- ments of this chapter and the conditions of the tion 12.5-5(c). issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest (e) Historic buildings. A variance is authorized floor shall be submitted to the Floodplain to be issued for the repair, improvement, or Administrator. rehabilitation of a historic building that is (Ord. No. 2017-11, § 2, 8-24-17) determined eligible for the exception to the flood resistant construction requirements of the Florida Sec. 12.5-7. Variances and appeals. Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that (a) General. The Construction Board of Adjust- the proposed repair, improvement, or rehabilita- ment and Appeals established by the Village tion will not preclude the building's continued shall hear and decide on requests for appeals designation as a historic building and the vari- and requests for variances from the strict applica- ante is the minimum necessary to preserve the tion of this chapter. Pursuant to F.S. § 553.73(5), historic character and design of the building. If the Construction Board of Adjustment and the proposed work precludes the building's Appeals shall hear and decide on requests for continued designation as a historic building, a appeals and requests for variances from the variance shall not be granted and the building strict application of the flood resistant construc- and any repair, improvement, and rehabilitation tion requirements of the Florida Building Code. shall be subject to the requirements of the This section does not apply to Section 3109 of the Florida Building Code. Florida Building Code, Building. (b) Appeals. The Construction Board of Adjust- (f) Functionally dependent uses. A variance is ment and Appeals shall hear and decide appeals authorized to be issued for the construction or when it is alleged there is an error in any substantial improvement necessary for the conduct requirement, decision,or determination made by of a functionally dependent use, as defined in the Floodplain Administrator in the administra- this chapter, provided the variance meets the tion and enforcement of this chapter. Any person requirements of subsection 12.5-7(d), is the aggrieved by the decision may appeal such deci- minimum necessary considering the flood hazard, sion to the Circuit Court, as provided by Florida and all due consideration has been given to use Statutes. of methods and materials that minimize flood damage during occurrence of the base flood. (c) Limitations on authority to grant vari- ances. The Construction Board of Adjustment (g) Considerations for issuance of variances. and Appeals shall base its decisions on variances In reviewing requests for variances,the Construc- on technical justifications submitted by applicants, tion Board of Adjustment and Appeals shall the considerations for issuance in subsection consider all technical evaluations, all relevant Supp. No. 66 787 § 12.5-7 NORTH PALM BEACH CODE factors, all other applicable provisions of the limit compliance with any provision of Florida Building Code, this chapter, and the this chapter or the required elevation following: standards; (1) The danger that materials and debris (2) Determination by the Construction Board may be swept onto other lands resulting of Adjustment and Appeals that: in further injury or damage; a. Failure to grant the variance would (2) The danger to life and property due to result in exceptional hardship due flooding or erosion damage; to the physical characteristics of the (3) The susceptibility of the proposed develop- land that render the lot undevelop- able; increased costs to satisfy the ment,including contents,to flood damage requirements or inconvenience do and the effect of such damage on current and future owners; not constitute hardship; (4) The importance of the services provided b. The granting of a variance will not by the proposed development to the com- result in increased flood heights, munity; additional threats to public safety, extraordinary public expense, nor (5) The availability of alternate locations for create nuisances, cause fraud on or the proposed development that are subject victimization of the public or conflict to lower risk of flooding or erosion; with existing local laws and (6) The compatibility of the proposed develop- ordinances; and ment with existing and anticipated C. The variance is the minimum neces- development; sary, considering the flood hazard, (7) The relationship of the proposed develop- to afford relief; ment to the comprehensive plan and (3) Receipt of a signed statement by the floodplain management program for the applicant that the variance, if granted, area; shall be recorded in the Office of the (8) The safety of access to the property in Clerk of the Court in such a manner that times of flooding for ordinary and it appears in the chain of title of the emergency vehicles; affected parcel of land; and (9) The expected heights, velocity, duration, (4) If the request is for a variance to allow rate of rise and debris and sediment construction of the lowest floor of a new transport of the floodwaters and the effects building, or substantial improvement of of wave action, if applicable, expected at a building, below the required elevation, the site; and a copy in the record of a written notice from the Floodplain Administrator to the (10) The costs of providing governmental applicant for the variance, specifying the services during and after flood conditions difference between the base flood eleva- including maintenance and repair of public tion and the proposed elevation of the utilities and facilities such as sewer, gas, lowest floor,stating that the cost of federal electrical and water systems, streets and flood insurance will be commensurate bridges. with the increased risk resulting from (h) Conditions for issuance of variances. Vari- the reduced floor elevation(up to amounts antes shall be issued only upon: as high as twenty-five dollars ($25.00) for one hundred dollars($100.00)of insur- (1) Submission by the applicant, of a show- ante coverage), and stating that construc- ing of good and sufficient cause that the tion below the base flood elevation unique characteristics of the size, increases risks to life and property. configuration, or topography of the site (Ord. No. 2017-11, § 2, 8-24-17) Supp. No. 66 788 FLOOD DAMAGE PREVENTION § 12.5-21 Sec. 12.5-8. Violations. ARTICLE II. DEFINITIONS (a) Violations. Any development that is not within the scope of the Florida Building Code but Sec. 12.5-21. General. that is regulated by this chapter that is performed (a) Scope. Unless otherwise expressly stated, without an issued permit, that is in conflict with the following words and terms shall, for the an issued permit, or that does not fully comply purposes of this chapter, have the meanings with this chapter, shall be deemed a violation of shown in this section. this chapter. A building or structure without the documentation of elevation of the lowest floor, (b) Terms defined in the Florida Building other required design certifications, or other Code. Where terms are not defined in this chapter evidence of compliance required by this chapter and are defined in the Florida Building Code, or the Florida Building Code is presumed to be a such terms shall have the meanings ascribed to violation until such time as that documentation them in that code. is provided. (c) Terms not defined. Where terms are not (b) Authority. For development that is not defined in this chapter or the Florida Building within the scope of the Florida Building Code but Code, such terms shall have ordinarily accepted that is regulated by this chapter and that is meanings such as the context implies. determined to be a violation, the Floodplain Administrator is authorized to serve notices of (d) Definitions. violation or stop work orders to owners of the Alteration of a watercourse. A dam, impound- property involved, to the owners agent, or to the ment, channel relocation, change in channel person or persons performing the work. alignment, channelization, or change in cross- (c) Unlawful continuance. Any person who sectional area of the channel or the channel shall continue any work after having been served capacity, or any other form of modification which with a notice of violation or a stop work order, may alter, impede,retard or change the direction except such work as that person is directed to and/or velocity of the riverine flow of water perform to remove or remedy a violation or during conditions of the base flood. unsafe condition, shall be subject to penalties as prescribed by Chapter 22, section 109.4 of the Appeal. A request for a review of the Floodplain Code of Ordinances. Administrators interpretation of any provision of this chapter. (d) Penalties for noncompliance. No structure or land shall hereafter be constructed, located, ASCE 24. A standard titled "Flood Resistant extended,converted or altered without full compli- Design and Construction" that is referenced by ante with the terms of this chapter. Failure to the Florida Building Code. ASCE 24 is developed comply with any of its requirements (including and published by the American Society of Civil violations of conditions and safeguards established Engineers, Reston, VA. in connection with grants of variance or special Base flood. A flood having a 1-percent chance exceptions) shall constitute a misdemeanor. Any of being equaled or exceeded in any given year. person who violates this chapter or fails to [Also defined in FBC, B, Section 202.] The base comply with any of its requirements shall, upon flood is commonly referred to as the "100-year conviction thereof, be fined not more than five flood" or the "1-percent-annual chance flood." hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, for each Base flood elevation. The elevation of the base violation, and,in addition, shall pay all costs and flood, including wave height, relative to the expenses involved in the case. National Geodetic Vertical Datum(NGVD),North (Ord. No. 2017-11, § 2, 8-24-17) American Vertical Datum(NAVD)or other datum specified on the Flood Insurance Rate Map Secs. 12.5-9-12.5-20. Reserved. (FIRM). [Also defined in FBC, B, Section 202.1 Supp. No. 66 789 § 12.5-21 NORTH PALM BEACH CODE Basement. The portion of a building having its building's perimeter plus the depth number (in floor subgrade (below ground level) on all sides. feet) specified on the flood hazard map. In areas [Also defined in FBC, B, Section 202; see "Base- designated as Zone AO where the depth number ment (for flood loads)".] is not specified on the map, the depth number Coastal construction control line. The line shall be taken as being equal to two (2) feet. established by the State of Florida pursuant to [Also defined in FBC, B, Section 202.1 F.S. § 161.053, and recorded in the official records of the community, which defines that Development. Any man-made change to portion of the beach-dune system subject to improved or unimproved real estate, including severe fluctuations based on a 100-year storm but not limited to, buildings or other structures, surge, storm waves or other predictable weather tanks, temporary structures, temporary or conditions. permanent storage of equipment or materials, Coastal high hazard area. A special flood mining,dredging,filling,grading,paving,excava- hazard area extending from offshore to the inland tions,drilling operations or any other land disturb- limit of a primary frontal dune along an open ing activities. coast and any other area subject to high velocity wave action from storms or seismic sources. Encroachment. The placement of fill, excava- Coastal high hazard areas are also referred to as tion, buildings, permanent structures or other "high hazard areas subject to high velocity wave development into a flood hazard area which may action" or "V Zones" and are designated on Flood impede or alter the flow capacity of riverine flood Insurance Rate Maps (FIRM) as Zone V1-V30, hazard areas. VE, or V. Existing building and existing structure. Any Critical facility. A facility for which even a buildings and structures for which the "start of slight chance of flooding might be too great. construction" commenced before August 15, 1978. Critical facilities include, but are not limited to Also defined in FBC, B, Section 202.1 schools, nursing homes, hospitals, police, fire and emergency response installations, installa- Existing manufactured home park or subdiui- tions which produce, use or store hazardous Sion. A manufactured home park or subdivision materials or hazardous waste. The term includes for which the construction of facilities for servic- facilities that are assigned Risk Category III and Risk Category IV pursuant to the Florida Build- ing the lots on which the manufactured homes ing Code, Building. are to be affixed (including, at a minimum, the installation of utilities,the construction of streets, Design flood. The flood associated with the and either final site grading or the pouring of greater of the following two (2) areas: [Also concrete pads) is completed before August 15, defined in FBC, B, Section 202.1 1978. (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in Expansion to an existing manufactured home any year; or park or subdivision. The preparation of additional sites by the construction of facilities for servicing (2) Area designated as a flood hazard area the lots on which the manufactured homes are to on the community's flood hazard map, or be affixed (including the installation of utilities, otherwise legally designated. the construction of streets, and either final site Design flood elevation. The elevation of the grading or the pouring of concrete pads). "design flood," including wave height, relative to the datum specified on the community's legally Federal Emergency Management Agency designated flood hazard map. In areas designated (FEMA). The federal agency that, in addition to as Zone AO, the design flood elevation shall be carrying out other functions, administers the the elevation of the highest existing grade of the National Flood Insurance Program. Supp. No. 66 790 FLOOD DAMAGE PREVENTION § 12.5-21 Flood or flooding. A general and temporary specific development activities that are located condition of partial or complete inundation of in flood hazard areas and that are determined to normally dry land from: [Also defined in FBC, B, be compliant with this chapter. Section 202.1 (1) The overflow of inland or tidal waters. Floodway. The channel of a river or other riverine watercourse and the adjacent land areas (2) The unusual and rapid accumulation or that must be reserved in order to discharge the runoff of surface waters from any source. base flood without cumulatively increasing the water surface elevation more than one (1) foot. Flood damage-resistant materials. Any [Also defined in FBC, B, Section 202.1 construction material capable of withstanding direct and prolonged contact with floodwaters Floodway encroachment analysis. An engineer- without sustaining any damage that requires ing analysis of the impact that a proposed more than cosmetic repair. [Also defined in FBC, encroachment into a floodway is expected to B, Section 202.1 have on the floodway boundaries and base flood Flood hazard area. The greater of the follow- elevations;the evaluation shall be prepared by a ing two (2) areas: [Also defined in FBC, B, qualified Florida licensed engineer using standard Section 202.1 engineering methods and models. (1) The area within a floodplain subject to a Florida Building Code. The family of codes 1-percent or greater chance of flooding in adopted by the Florida Building Commission, any year. including:Florida Building Code,Building;Florida (2) The area designated as a flood hazard Building Code,Residential;Florida Building Code, area on the community's flood hazard Existing Building; Florida Building Code, map, or otherwise legally designated. Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Functionally dependent use.A use which cannot Emergency Management Agency has delineated perform its intended purpose unless it is located both special flood hazard areas and the risk or carried out in close proximity to water, includ- premium zones applicable to the community. ing only docking facilities, port facilities that are [Also defined in FBC, B, Section 202.1 necessary for the loading and unloading of cargo Flood Insurance Study(FIS). The official report or passengers, and ship building and ship repair facilities; the term does not include long-term provided by the Federal Emergency Manage- storage or related manufacturing facilities. ment Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Highest adjacent grade. The highest natural Map (if applicable), the water surface elevations elevation of the ground surface prior to construc- of the base flood, and supporting technical data. tion next to the proposed walls or foundation of a [Also defined in FBC, B, Section 202.1 structure. Floodplain Administrator. The office or posi- tion designated and charged with the administra- tion and enforcement of this chapter (may be determined eligible for the exception to the flood referred to as the Floodplain Manager). hazard area requirements of the Florida Build- ing Code, Existing Building, Chapter 12 Historic Floodplain development permit or approval. Buildings. An official document or certificate issued by the community, or other evidence of approval or Letter of Map Change (LOMC). An official concurrence, which authorizes performance of determination issued by FEMA that amends or Supp. No. 66 7J1 § 12.5-21 NORTH PALM BEACH CODE revises an effective Flood Insurance Rate Map or (2) Designed primarily for transportation of Flood Insurance Study. Letters of Map Change persons and has a capacity of more than include: twelve (12) persons; or Letter of Map Amendment(LOMA). An amend- (3) Available with special features enabling ment based on technical data showing that a off-street or off-highway operation and property was incorrectly included in a designated use. special flood hazard area. A LOMA amends the Lowest floor. The lowest floor of the lowest current effective Flood Insurance Rate Map and enclosed area of a building or structure, includ- establishes that a specific property, portion of a ing basement, but excluding any unfinished or property, or structure is not located in a special flood-resistant enclosure, other than a base- flood hazard area. ment, usable solely for vehicle parking, building Letter of Map Revision (LOMR). A revision access or limited storage provided that such based on technical data that may show changes enclosure is not built so as to render the structure to flood zones, flood elevations, special flood in violation of the non-elevation requirements of hazard area boundaries and floodway delinea- the Florida Building Code or ASCE 24. [Also tions, and other planimetric features. defined in FBC, B, Section 202.1 Letter of Map Revision Based on Fill (LOMR- Manufactured home. A structure, transport- F). A determination that a structure or parcel of able in one(1)or more sections,which is eight(8) land has been elevated by fill above the base feet or more in width and greater than four flood elevation and is,therefore,no longer located hundred (400) square feet, and which is built on within the special flood hazard area. In order to a permanent,integral chassis and is designed for qualify for this determination, the fill must have use with or without a permanent foundation been permitted and placed in accordance with when attached to the required utilities. The the community's floodplain management regula- term "manufactured home" does not include a tions. "recreational vehicle" or "park trailer." [Also Conditional Letter of Map Revision (CLOMR). defined in 15C-1.0101, F.A.C.] A formal review and comment as to whether a Manufactured home park or subdivision. A proposed flood protection project or other project parcel (or contiguous parcels) of land divided complies with the minimum NFIP requirements into two (2) or more manufactured home lots for for such projects with respect to delineation of rent or sale. special flood hazard areas. A CLOMR does not Market value. The price at which a property revise the effective Flood Insurance Rate Map or will change hands between a willing buyer and a Flood Insurance Study; upon submission and killing seller, neither party being under compul- approval of certified as-built documentation, a sion to buy or sell and both having reasonable Letter of Map Revision may be issued by FEMA to revise the effective FIRM. knowledge of relevant facts. As used in this chapter, the term refers to the market value of Light-duty truck. As defined in 40 C.F.R. buildings and structures, excluding the land and 86.082-2, any motor vehicle rated at eight other improvements on the parcel. Market value thousand five hundred (8,500) pounds Gross may be established by a qualified independent Vehicular Weight Rating or less which has a appraiser, Actual Cash Value (replacement cost vehicular curb weight of six thousand (6,000) depreciated for age and quality of construction), pounds or less and which has a basic vehicle or tax assessment value adjusted to approximate frontal area of forty-five (45) square feet or less, market value by a factor provided by the Property which is: Appraiser. (1) Designed primarily for purposes of New construction. For the purposes of transportation of property or is a deriva- administration of this chapter and the flood tion of such a vehicle, or resistant construction requirements of the Florida Supp. No. 66 792 FLOOD DAMAGE PREVENTION § 12.5-21 Building Code, structures for which the "start of tion, addition, placement, or other improvement construction" commenced on or after August 15, is within one hundred eighty (180) days of the 1978 and includes any subsequent improve- date of the issuance. The actual start of construc- ments to such structures. tion means either the first placement of permanent New manufactured home park or subdivision. construction of a building (including a A manufactured home park or subdivision for manufactured home) on a site, such as the which the construction of facilities for servicing pouring of slab or footings, the installation of the lots on which the manufactured homes are to piles, the construction of columns. Permanent be affixed(including at a minimum, the installa- construction does not include land preparation tion of utilities, the construction of streets, and (such as clearing, grading, or filling), the instal- either final site grading or the pouring of concrete lation of streets or walkways, excavation for a pads) is completed on or after August 15, 1978. basement, footings, piers, or foundations, the erection of temporary forms or the installation of Park trailer. A transportable unit which has a accessory buildings such as garages or sheds not body width not exceeding fourteen (14) feet and occupied as dwelling units or not part of the which is built on a single chassis and is designed main buildings. For a substantial improvement, to provide seasonal or temporary living quarters the actual "start of construction" means the first when connected to utilities necessary for opera- alteration of any wall, ceiling, floor or other tion of installed fixtures and appliances. [Defined structural part of a building,whether or not that in F.S. § 320.011 alteration affects the external dimensions of the building. [Also defined in FBC, B Section 202.1 Recreational vehicle. A vehicle, including a park trailer, which is: [See F.S. § 320.01] Substantial damage. Damage of any origin sustained by a building or structure whereby the (1) Built on a single chassis; cost of restoring the building or structure to its (2) Four hundred (400) square feet or less before-damaged condition would equal or exceed when measured at the largest horizontal fifty (50) percent of the market value of the projection; building or structure before the damage occurred. [Also defined in FBC, B Section 202.1 (3) Designed to be self-propelled or permanently towable by a light-duty truck; Substantial improvement. Any repair, and reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost (4) Designed primarily not for use as a of which equals or exceeds fifty (50) percent of permanent dwelling but as temporary the market value of the building or structure living quarters for recreational, camping, before the improvement or repair is started. If travel, or seasonal use. the structure has incurred"substantial damage," Sand dunes. Naturally occurring accumula- any repairs are considered substantial improve- tions of sand in ridges or mounds landward of ment regardless of the actual repair work the beach. performed. The term does not, however, include either: [Also defined in FBC, B, Section 202.1 Special flood hazard area. An area in the (1) Any project for improvement of a build- floodplain subject to a one (1) percent or greater ing required to correct existing health, chance of flooding in any given year. Special sanitary, or safety code violations identi- flood hazard areas are shown on FIRMS as Zone fied by the building official and that are A, AO, Al-A30, AE, A99, AH, VI-V30, VE or V. the minimum necessary to assure safe [Also defined in FBC, B Section 202.1 living conditions. Start of construction. The date of issuance of (2) Any alteration of a historic structure permits for new construction and substantial provided the alteration will not preclude improvements, provided the actual start of the structure's continued designation as construction, repair, reconstruction, rehabilita- a historic structure. Supp. No. 66 793 § 12.5-21 NORTH PALM BEACH CODE Variance. A grant of relief from the require- (c) Critical facilities. New critical facilities ments of this chapter, or the flood resistant shall, to the extent feasible, be located outside of construction requirements of the Florida Build- the special flood hazard area and outside of the ing Code,which permits construction in a manner two-tenths (0.2) percent annual chance flood that would not otherwise be permitted by this hazard area(500-year floodplain). If documenta- chapter or the Florida Building Code. tion is provided that feasible sites outside of the Watercourse. A river,creek,stream,channel or special flood hazard are not available that satisfy other topographic feature in,on,through,or over the objectives of a proposed critical facility, then which water flows at least periodically. the critical facility shall have the lowest floor elevated to the base flood elevation plus three (3) (Ord. No. 2017-11, § 2, 8-24-17) feet. Floodproofing and sealing measures shall ensure that toxic substances will not be displaced Secs. 12.5-22-12.5-30. Reserved. or released into floodwater. Access routes that are elevated to or above the base flood elevation ARTICLE III. FLOOD RESISTANT shall be provided to the extent feasible. DEVELOPMENT (Ord. No. 2017-11, § 2, 8-24-17) Sec. 12.5-31. Buildings and structures. Sec. 12.5-32. Subdivisions. (a) Design and construction of buildings, (a) Minimum requirements. Subdivision structures and facilities exempt from the Florida proposals, including proposals for manufactured Building Code. Pursuant to subsection 12.5-4(c), home parks and subdivisions, shall be reviewed buildings, structures, and facilities that are to determine that: exempt from the Florida Building Code, includ- (1) Such proposals are consistent with the ing substantial improvement or repair of need to minimize flood damage and will substantial damage of such buildings, structures and facilities, shall be designed and constructed be reasonably safe from flooding; in accordance with the flood load and flood (2) All public utilities and facilities such as resistant construction requirements of ASCE 24. sewer,gas, electric, communications, and Structures exempt from the Florida Building water systems are located and constructed Code that are not walled and roofed buildings to minimize or eliminate flood damage; shall comply with the requirements of subset- and tion 12.5-37. (3) Adequate drainage is provided to reduce (b) Buildings and structures seaward of the exposure to flood hazards; in Zones AH coastal construction control line. If extending, in and AO, adequate drainage paths shall whole or in part, seaward of the coastal construc- be provided to guide floodwaters around tion control line and also located, in whole or in and away from proposed structures. part, in a flood hazard area: (b) Subdivision plats. Where any portion of (1) Buildings and structures shall be designed proposed subdivisions, including manufactured and constructed to comply with the more home parks and subdivisions, lies within a flood restrictive applicable requirements of the hazard area, the following shall be required: Florida Building Code, Building Section 3109 and Section 1612 or Florida Build- (1) Delineation of flood hazard areas, flood- ing Code, Residential Section R322. way boundaries and flood zones, and (2) Minor structures and non-habitable major design flood elevations, as appropriate, shall be shown on preliminary plats; structures as defined in F.S. § 161.54, shall be designed and constructed to (2) Where the subdivision has more than comply with the intent and applicable fifty (50) lots or is larger than five (5) provisions of this chapter and ASCE 24. acres and base flood elevations are not Supp. No. 66 794 FLOOD DAMAGE PREVENTION § 12.5-34 included on the FIRM, the base flood ity involving fill or regrading, shall be authorized elevations determined in accordance with in the regulatory floodway unless the floodway subsection 12.5-5(b)(1); and encroachment analysis required in subsection (3) Compliance with the site improvement 12.5-5(c)(1) demonstrates that the proposed and utilities requirements of section 12.5- development or land disturbing activity will not 33. result in any increase in the base flood elevation. (Ord. No. 2017-11, § 2, 8-24-17) (e) Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be Sec. 12.5-33. Site improvements, utilities designed to be stable under conditions of flooding and limitations. including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protec- (a) Minimum requirements. All proposed new tion against flood-related erosion and scour. In development shall be reviewed to determine addition to these requirements, if intended to that: support buildings and structures (Zone A only), (1) Such proposals are consistent with the fill shall comply with the requirements of the need to minimize flood damage and will Florida Building Code. be reasonably safe from flooding; (f) Limitations on sites in coastal high hazard (2) All public utilities and facilities such as areas (Zone V). In coastal high hazard areas, sewer,gas, electric, communications, and alteration of sand dunes and mangrove stands water systems are located and constructed shall be permitted only if such alteration is to minimize or eliminate flood damage; approved by the Florida Department of and Environmental Protection and only if the engineer- ing analysis required by subsection 12.5-5(c)(4) (3) Adequate drainage is provided to reduce demonstrates that the proposed alteration will exposure to flood hazards; in Zones AH not increase the potential for flood damage. and AO, adequate drainage paths shall Construction or restoration of dunes under or be provided to guide floodwaters around around elevated buildings and structures shall and away from proposed structures. comply with subsection 12.5-37(h)(3). (b) Sanitary sewage facilities. All new and (Ord. No. 2017-11, § 2, 8-24-17) replacement sanitary sewage facilities, private sewage treatment plants (including all pumping Sec. 12.5-34. Manufactured homes. stations and collector systems), and on-site waste (a) General. All manufactured homes installed disposal systems shall be designed in accordance in flood hazard areas shall be installed by an with the standards for onsite sewage treatment installer that is licensed pursuant to F.S. and disposal systems in Chapter 64E-6, F.A.C. § 320.8249, and shall comply with the require- and ASCE 24 Chapter 7 to minimize or eliminate ments of Chapter 15C-1, F.A.C. and the require- infiltration of floodwaters into the facilities and ments of this chapter. If located seaward of the discharge from the facilities into flood waters, coastal construction control line,all manufactured and impairment of the facilities and systems. homes shall comply with the more restrictive of (c) Water supply facilities. All new and replace- the applicable requirements. ment water supply facilities shall be designed in (b) Foundations. All new manufactured homes accordance with the water well construction and replacement manufactured homes installed standards in Chapter 62-532.500, F.A.C. and in flood hazard areas shall be installed on ASCE 24 Chapter 7 to minimize or eliminate permanent, reinforced foundations that: infiltration of floodwaters into the systems. (1) In flood hazard areas (Zone A)other than (d) Limitations on sites in regulatory flood- coastal high hazard areas, are designed ways. No development, including but not limited in accordance with the foundation require- to site improvements, and land disturbing activ- ments of the Florida Building Code, Supp. No. 66 795 § 12.5-34 NORTH PALM BEACH CODE Residential Section R322.2 and this on a site where substantial damage as result of chapter. Foundations for manufactured flooding has occurred, shall be elevated such homes subject to subsection(f)are permit- that either the: ted to be reinforced piers or other founda- tion elements of at least equivalent (1) Bottom of the frame of the manufactured strength. home is at or above the elevation required, as applicable to the flood hazard area, in (2) In coastal high hazard areas (Zone V), the Florida Building Code, Residential are designed in accordance with the Section R322.2(Zone A)or Section R322.3 foundation requirements of the Florida (Zone V); or Building Code,Residential Section R322.3 and this chapter. (2) Bottom of the frame is supported by (c) Anchoring. All new manufactured homes reinforced piers or other foundation ele- and replacement manufactured homes shall be ments of at least equivalent strength installed using methods and practices which that are not less than 36 inches in height minimize flood damage and shall be securely above grade. anchored to an adequately anchored foundation system to resist flotation, collapse or lateral (g) Enclosures. Enclosed areas below elevated manufactured homes shall comply with the movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame requirements of the Florida Building Code, ties to ground anchors. This anchoring require- Residential Section R322.2 or R322.3 for such ment is in addition to applicable state and local enclosed areas, as applicable to the flood hazard anchoring requirements for wind resistance. area. (d) Elevation. Manufactured homes that are (h) Utility equipment. Utility equipment that placed, replaced, or substantially improved shall serves manufactured homes, including electric, comply with subsection (e) or (f), as applicable. heating,ventilation,plumbing,and air condition- (e) General elevation requirement. Unless ing equipment and other service facilities, shall subject to the requirements of subsection (f), all comply with the requirements of the Florida manufactured homes that are placed, replaced, Building Code, Residential Section R322, as or substantially improved on sites located: (a) applicable to the flood hazard area. outside of a manufactured home park or subdivi- (Ord. No. 2017-11, § 2, 8-24-17) sion; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing Sec. 12.5-35. Recreational vehicles and park manufactured home park or subdivision;or(d)in trailers. an existing manufactured home park or subdivi- sion upon which a manufactured home has (a) Temporary placement. Recreational vehicles incurred "substantial damage" as the result of a and park trailers placed temporarily in flood flood, shall be elevated such that the bottom of hazard areas shall: the frame is at or above the elevation required, as applicable to the flood hazard area, in the (1) Be on the site for fewer than one hundred Florida Building Code,Residential Section R322.2 eighty (180) consecutive days; or (Zone A) or Section R322.3 (Zone V). (2) Be fully licensed and ready for highway (f) Elevation requirement for certain existing use,which means the recreational vehicle manufactured home parks and subdivisions. or park model is on wheels or jacking Manufactured homes that are not subject to system, is attached to the site only by subsection (e), including manufactured homes quick-disconnect type utilities and security that are placed, replaced, or substantially devices, and has no permanent attach- improved on sites located in an existing ments such as additions, rooms, stairs, manufactured home park or subdivision, unless decks and porches. Supp. No. 66 796 FLOOD DAMAGE PREVENTION § 12.5-37 (b) Permanent placement. Recreational vehicles (2) Anchored to prevent lateral movement and park trailers that do not meet the limita- resulting from hydrodynamic and tions in subsection (a) for temporary placement hydrostatic loads, including the effects of shall meet the requirements of subsection 12.5-34 buoyancy, during conditions of the design for manufactured homes. flood. (Ord. No. 2017-11, § 2, 8-24-17) (Ord. No. 2017-11, § 2, 8-24-17) Sec. 12.5-36. Tanks. Sec. 12.5-37. Other development. (a) Underground tanks. Underground tanks (a) General requirements for other develop- in flood hazard areas shall be anchored to prevent ment. All development, including man-made flotation, collapse or lateral movement resulting changes to improved or unimproved real estate from hydrodynamic and hydrostatic loads during for which specific provisions are not specified in conditions of the design flood, including the this chapter or the Florida Building Code, shall: effects of buoyancy assuming the tank is empty. (1) Be located and constructed to minimize (b) Above-ground tanks, not elevated. Above- flood damage; ground tanks that do not meet the elevation requirements of subsection (c) shall: (2) Meet the limitations of subsection 12.5- 33(d) if located in a regulated floodway; (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, (3) Be anchored to prevent flotation, col- provided the tanks are anchored or lapse or lateral movement resulting from otherwise designed and constructed to hydrostatic loads, including the effects of prevent flotation,collapse or lateral move- buoyancy, during conditions of the design ment resulting from hydrodynamic and flood; hydrostatic loads during conditions of (4) Be constructed of flood damage-resistant the design flood, including the effects of materials; and buoyancy assuming the tank is empty and the effects of flood-borne debris. (5) Have mechanical, plumbing, and electri- (2) Not be permitted in coastal high hazard cal systems above the design flood eleva- areas (Zone V). tion or meet the requirements of ASCE 24, except that minimum electric service (c) Above-ground tanks, elevated. Above- required to address life safety and electric ground tanks in flood hazard areas shall be code requirements is permitted below attached to and elevated to or above the design the design flood elevation provided it flood elevation on a supporting structure that is conforms to the provisions of the electri- designed to prevent flotation, collapse or lateral cal part of building code for wet loca- movement during conditions of the design flood. tions. Tank-supporting structures shall meet the founda- tion requirements of the applicable flood hazard (b) Fences in regulated floodways. Fences in area. regulated floodways that have the potential to block the passage of floodwaters,such as stockade (d) Tank inlets and vents. Tank inlets, fill fences and wire mesh fences, shall meet the openings, outlets and vents shall be: limitations of subsection 12.5-33(d). (1) At or above the design flood elevation or (c) Retaining walls, sidewalks and driveways fitted with covers designed to prevent in regulated floodways. Retaining walls and the inflow of floodwater or outflow of the sidewalks and driveways that involve the place- contents of the tanks during conditions ment of fill in regulated floodways shall meet the of the design flood; and limitations of subsection 12.5-33(d). Supp. No. 66 797 § 12.5-37 NORTH PALM BEACH CODE (d) Roads and watercourse crossings in (2) A deck or patio that is located below the regulated floodways. Roads and watercourse cross- design flood elevation shall be structur- ings, including roads, bridges, culverts, low- ally independent from buildings or water crossings and similar means for vehicles structures and their foundation systems, or pedestrians to travel from one (1) side of a and shall be designed and constructed watercourse to the other side, that encroach into either to remain intact and in place regulated floodways shall meet the limitations of during design flood conditions or to break subsection 12.5-33(d). Alteration of a watercourse apart into small pieces to minimize debris that is part of a road or watercourse crossing during flooding that is capable of causing shall meet the requirements of subsection 12.5- structural damage to the building or 5(c)(3). structure or to adjacent buildings and structures. (e) Concrete slabs used as parking pads, (3) A deck or patio that has a vertical thick- enclosure floors, landings, decks, walkways,patios ness of more than twelve (12) inches or and similar nonstructural uses in coastal high that is constructed with more than the hazard areas (Zone V). In coastal high hazard minimum amount of fill necessary for areas, concrete slabs used as parking pads, site drainage shall not be approved unless enclosure floors,landings,decks,walkways,patios an analysis prepared by a qualified and similar nonstructural uses are permitted registered design professional beneath or adjacent to buildings and structures demonstrates no harmful diversion of provided the concrete slabs are designed and floodwaters or wave runup and wave constructed to be: reflection that would increase damage to (1) Structurally independent of the founda- the building or structure or to adjacent tion system of the building or structure; buildings and structures. (4) A deck or patio that has a vertical thick- (2) Frangible and not reinforced, so as to ness of twelve(12)inches or less and that minimize debris during flooding that is is at natural grade or on nonstructural capable of causing significant damage to fill material that is similar to and compat- any structure; and ible with local soils and is the minimum amount necessary for site drainage may (3) Have a maximum slab thickness of not be approved without requiring analysis more than four (4) inches. of the impact on diversion of floodwaters (t) Decks and patios in coastal high hazard or wave runup and wave reflection. areas (Zone V). In addition to the requirements (g) Other development in coastal high hazard of the Florida Building Code, in coastal high areas (Zone V). In coastal high hazard areas, hazard areas decks and patios shall be located, development activities other than buildings and designed, and constructed in compliance with structures shall be permitted only if also the following: authorized by the appropriate federal, state or local authority;if located outside the footprint of, (1) A deck that is structurally attached to a and not structurally attached to, buildings and building or structure shall have the bottom structures; and if analyses prepared by qualified of the lowest horizontal structural member registered design professionals demonstrate no at or above the design flood elevation and harmful diversion of floodwaters or wave runup any supporting members that extend and wave reflection that would increase damage below the design flood elevation shall to adjacent buildings and structures. Such other comply with the foundation require- development activities include but are not limited ments that apply to the building or to: structure, which shall be designed to (1) Bulkheads, seawalls, retaining walls, accommodate any increased loads result- revetments, and similar erosion control ing from the attached deck. structures; Supp. No. 66 798 FLOOD DAMAGE PREVENTION § 12.5-37 (2) Solid fences and privacy walls,and fences prone to trapping debris,unless designed and constructed to fail under flood condi- tions less than the design flood or otherwise function to avoid obstruction of floodwaters; and (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. (h) Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: (1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drain- age purposes under and around build- ings. (2) Nonstructural fill with finished slopes that are steeper than one-unit vertical to five (5) units horizontal shall be permit- ted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. (3) Where authorized by the Florida Depart- ment of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineer- ing analysis or certification of the diver- sion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. (Ord. No. 2017-11, § 2, 8-24-17) [The next page is 8391 Supp. No. 66 799 Chapter 27 TREES AND SHRUBBERY* Article I. In General Sees. 27-1-27-15. Reserved. Article 11. Trees in Swale Areas See. 27-16. Definition. See. 27-17. Planting and removal;written approval required. See. 27-18. Variety and location. See. 27-19. Scope. See. 27-20. Maintenance. Sees. 27-21-27-30. Reserved. Article 111. Landscaping Division 1. Generally See. 27-31. Definitions. See. 27-32. Objective. See. 27-33. Application of ordinance;enforcement. See. 27-34. Scope;applicability of article. See. 27-35. Certificate of completion. See. 27-36. Accessways. See. 27-37. Plot use plan approval prerequisite to issuance of permits for building and paving;completed landscaping required for certificate of use and occupancy. See. 27-38. Off-street parking landscape manual. See. 27-39. Conflict with zoning ordinance. See. 27-40. Requirements for improved nonresidential properties in existence on September 23, 1971. See. 27-41. Refuse container areas. Sees. 27-42-27-48. Reserved. Division 2. Reserved Sees. 27-49-27-58. Reserved. Division 3. Requirements For Certain Yard Areas,Off-Street Parking And Other Vehicular Use Areas See. 27-59. Scope, applicability of division. See. 27-60. Installation. See. 27-61. Maintenance. See. 27-62. Plant material. See. 27-63. Required landscaping adjacent to public rights-of-way. See. 27-64. Perimeter landscaping relating to abutting properties. See. 27-65. Parking area interior landscaping. See. 27-66. Sight distance for landscaping adjacent to public rights-of-way and points of access. See. 27-67. Existing plant material. *Cross references-Enforcement of Ch. 27 by code enforcement inspector, §2-171 et seq.;planning and development, Ch. 21; streets, sidewalks and public places, Ch. 24;appearance plan,App. A. Supp. No. 66 1681 NORTH PALM BEACH CODE Article IV. Fertilizer-Friendly Use Ordinance See. 27-71. Title. See. 27-72. Definitions. See. 27-73. Findings. See. 27-74. Purpose and intent. See. 27-75. Applicability. See. 27-76. Timing of fertilizer application. See. 27-77. Fertilizer free zones. See. 27-78. Fertilizer content and application rates. See. 27-79. Fertilizer application practices. See. 27-80. Management of grass clippings and vegetative matter. See. 27-81. Exemptions. See. 27-82. Training. See. 27-83. Licensing of commercial applicators. See. 27-84. Enforcement;penalties; appeals. Supp. No. 66 1682 TREES AND SHRUBBERY §27-66 (2) Where abutting property owners desire hundred (100) square feet or fraction thereof of to share their parking lots, the require- required interior landscaped area. Such interior ments of a perimeter hedge between the landscaped areas shall be located in such a two(2)owners may be eliminated provided manner as to divide and break up the expanse of that the gross area of landscaping which paving. has been eliminated is placed elsewhere in the parking area, so that the total (b) In other vehicular use areas where the amount of landscaped area will not be strict application of this section will seriously lessened by eliminating the perimeter limit the function of such area, the required hedge. landscaping may be located near the perimeter (Code 1970, § 41-19(6); Ord. No. 14-71, § 1; Ord. of the paved area including such perimeters No. 2-81, § 10, 1-22-81) which may be adjacent to a building on the site. Such required interior landscaping which is relocated as herein provided shall be in addition Sec. 27-65. Parking area interior landscap- to the perimeter landscaping requirements. ing. (c) The front of a vehicle may encroach upon (a) Off-street parking areas shall have at any interior landscaped area when such area is least ten (10) square feet of landscaping located at least three and one-half(3�/2)feet in depth per within the perimeter of the parking area for each abutting parking space and protected by wheel parking space excluding those spaces abutting a stops or curbing. Two (2) feet of such landscaped perimeter for which landscaping is required by area may be part of the required depth of each other sections hereof. In addition,other vehicular abutting parking space. use areas shall have one (1) square foot of (Code 1970, § 41-19(7); Ord. No. 14-71, § 1; Ord. landscaped area for each one hundred (100) No. 2-81, §§ 11, 12, 1-22-81) square feet or fraction thereof of paved area for the first fifty thousand (50,000) square feet Sec. 27-66. Sight distance for landscaping excluding the first five thousand (5,000) square adjacent to public rights-of-way feet of paved area plus one square foot of and points of access. landscaped area for each two hundred (200) At any place within the corporate limits of the square feet or fraction thereof of paved area for village, when an alley, service lane, service road all paved area over fifty thousand(50,000)square or private driveway intersects a public right-of- feet; provided, however, in areas zoned for way or when the subject property abuts the industrial use these requirements shall be reduced intersection of two (2) or more public rights-of- by fifty(50)percent. Where the property contains way, the landscaping or any solid installation both parking areas, and other vehicular use within the triangular areas described below shall areas,the two(2)types of areas may be separated provide unobstructed cross-visibility at a level for the purposes of determining the other vehicular between three (3) feet and six (6) feet; provided, use area by first multiplying the total number of however, trees or palms having limbs and foliage parking spaces by four hundred (400) and trimmed in such a manner that no limbs or subtracting the resulting figure from the total foliage extend into the cross-visibility area shall square footage of the paved area. Each separate be allowed, provided they are so located so as not landscaped area shall contain a minimum of fifty to create a traffic hazard. Landscaping except (50) square feet and shall have a minimum required grass or ground cover shall not be dimension of at least five (5) feet and shall located closer than three (3)feet from the edge of include at least one (1) tree having a clear trunk any accessway pavement. The triangular areas of at least five (5) feet, with the remaining area above referred to are: adequately landscaped with shrubs,ground cover or other authorized landscaping material not to (1) The areas of property on both sides of an exceed three (3)feet in height. The total number alley, service lane, service road or private of trees shall be not less than one(1)for each one driveway formed by the intersection of Supp. No. 66 1689 §27-66 NORTH PALM BEACH CODE each side of the alley, service lane,service Applicator means any person who applies road or private driveway and the public fertilizer on turf and/or landscape plants in the right-of-way line with two (2) sides of village. each triangle being ten(10)feet in length from the point of intersection and the Best management practices (BMP's) means third side being a line connecting the turf and landscape practices or combination of ends of the two (2) other sides. practices based on research, field-testing, and (2) The area of property located at a corner expert review, determined to be the most effec- formed by the intersection of two (2) or tive and practical site-specific means, including more public rights-of-way with two (2) economic and technological considerations, for sides of the triangular area being thirty improving water quality, conserving water sup- (30) feet in length along the abutting plies and protecting natural resources. public right-of-way lines, measured from Code enforcement officer, official, or inspector their point of intersection, and the third means any designated employee or agent of the side being a line connecting the ends of village whose duty it is to enforce codes and the other two (2) lines. ordinances enacted by the village. (Code 1970, § 41-19(8); Ord. No. 14-71, § 1; Ord. No. 22-77, § 1, 12-8-77; Ord. No. 2-81, § 13, Commercial fertilizer applicator except as 1-22-81) provided in F.S. §482.1562(9),means any person who applies fertilizer for payment or other Sec. 27-67. Existing plant material. consideration to property not owned by the person In instances where healthy plant material or firm applying the fertilizer or the employer of exists on a site prior to its development in part or the applicators. whole, for the purpose of off-street parking or other vehicular use areas, the building official Fertilize, fertilizing or fertilization means the may adjust the application of the above mentioned act of applying fertilizer to turf, specialized turf, standards to allow credit for such plant material or landscape plants. if, in its opinion, such an adjustment is in Fertilizer means any substance or mixture of keeping with and will preserve the intent of this substances that contains one (1) or more article. recognized plant nutrients and promotes plant (Code 1970, § 41-19(9); Ord. No. 14-71, § 1; Ord. growth, or controls soil acidity or alkalinity, or No. 2-81, § 5, 1-22-81) provides other soil enrichment, or provides other corrective measures to the soil. ARTICLE IV. FERTILIZER-FRIENDLY USE ORDINANCE Institutional applicator means any person, other than a private, non-commercial or a com- Sec. 27-71. Title. mercial applicator (unless such definitions also This article shall be known as the village's apply under the circumstances), that applies fertilizer-friendly use ordinance. fertilizer for the purpose of maintaining turf (Ord. No. 2017-13, § 2, 9-28-17) and/or landscape plants. Institutional applica- tors shall include, but shall not be limited to, Sec. 27-72. Definitions. owners, managers, or employees of public lands, When used in this article, the following terms schools, parks, religious institutions, utilities, shall have the meanings ascribed to them in this industrial or business sites and any residential section except where the context clearly indicates properties maintained in condominium and/or a different meaning: common ownership. Application or apply means the actual physi- Landscape plant means any native or non- cal deposit of fertilizer to turf or landscape native tree, shrub, or groundcover (excluding plants. turf). Supp. No. 66 1690 TREES AND SHRUBBERY §27-76 Person means any natural person, business, application; and specifies allowable fertilizer corporation, limited liability company, partner- application rates and methods, fertilizer-free ship, limited partnership, association, club, zones, and exemptions. This article requires the organization, and/or any group of people acting use of best management practices which provide as an organized entity. specific management guidelines to minimize nega- Saturated soil means a soil in which the voids tive secondary and cumulative environmental are filled with water. Saturation does not require effects associated with the misuse of fertilizers. These environmental effects have been observed flow. For the purposes of this article, soils shall s natural and be considered saturated if standing water is in and on Palm Beach County present or the pressure of a person standing on constructed stormwater conveyances, rivers, the soil causes the release of free water. creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an Slow-release, controlled release, timed release, asset important to the environmental, slowly-available,or water insoluble nitrogen means recreational, cultural and economic well-being of nitrogen in a form which delays its availability Palm Beach County residents and the public for plant uptake and use after application, or health. Overgrowth of algae and vegetation which extends its availability to the vegetation hinders the effectiveness of flood attenuation longer than a reference rapid or quick release provided by natural and constructed stormwater product. conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertil- Turf, sod, or lawn means an area of grass- izer, is anticipated to help improve and maintain covered soil held together by the roots of the water and habitat quality. grass. (Ord. No. 2017-13, § 2, 9-28-17) Urban landscape means pervious areas on residential, commercial,industrial,institutional, Sec. 27-75. Applicability. highway rights-of-way, or other nonagricultural This article shall be applicable to and shall lands that are planted with turf or horticultural regulate any and all applicators of fertilizer and plants. For the purposes of this section,agriculture areas of application of fertilizer to urban has the same meaning as provided in F.S. §570.02. landscapes within the village,unless such applica- (Ord. No. 2017-13, § 2, 9-28-17) tion is specifically exempted by section 27-81. Sec. 27-73. Findings. This article shall be prospective only, and shall not impair any existing contracts. As a result of the Florida Department of (Ord. No. 2017-13, § 2, 9-28-17) Environmental Protection's determination that certain water bodies within Palm Beach County Sec. 27-76. Timing of fertilizer application. are impaired for excessive nutrient levels, the village council finds that the best management No applicator shall apply fertilizers contain- practices contained in the most recent edition of ing nitrogen and/or phosphorus to turf and/or the"Florida-Friendly Best Management Practices landscape plants during the rainy period from for Protection of Water Resources by the Green June 1St through October 31St or at any time to Industries," are required in this article. saturated soils or during the time which a (Ord. No. 2017-13, § 2, 9-28-17) tropical storm or hurricane watch or warning has been issued by the national weather service Sec. 27-74. Purpose and intent. or when heavy rain (greater than two (2) inches in a twenty-four (24) hour period) is forecast. This article regulates the proper use of fertil- This prohibition shall not apply to fertilizer used izers by any applicator; requires proper training for sports turf at golf courses, parks and athletic of commercial and institutional fertilizer applica- fields provided that all requirements of subsec- tors; establishes training and licensing require- tion 27-78(d) are met. ments; establishes the timing of fertilizer (Ord. No. 2017-13, § 2, 9-28-17) Supp. No. 66 1691 §27-77 NORTH PALM BEACH CODE Sec. 27-77. Fertilizer free zones. (d) Fertilizer used for sports turf at golf courses, parks and athletic fields shall be applied in Fertilizer shall not be applied within ten (10) accordance with Rule 5E-1.003(3), Florida feet of any pond, stream, watercourse, lake, Administrative Code. canal or wetland as defined by the Florida (Ord. No. 2017-13, § 2, 9-28-17) Department of Environmental Protection in Chapter 62-340, Florida Administrative Code, or Sec. 27-79. Fertilizer application practices. from the top of a seawall or bulkhead, unless a (a) Spreader deflector shields shall be used deflector shield, drop spreader, or liquid applica- when fertilizing via rotary (broadcast) spread- tor with a visible and sharply defined edge, is ers. Deflectors must be positioned such that used, in which case a minimum of three (3) feet fertilizer granules are deflected away from all shall be maintained. Newly planted turf or impervious surfaces, fertilizer-free zones and landscape plants may be fertilized in this zone water bodies, including wetlands. only for a sixty (60) day period beginning thirty (30) days after planting if needed to allow the (b) Fertilizer shall not be applied, spilled, or plants to become well established. Caution shall otherwise deposited on any impervious surfaces. be used to prevent the direct deposit of nutrients (c) Any fertilizer applied,spilled,or deposited, into the water. either intentionally or accidentally, on any (Ord. No. 2017-13, § 2, 9-28-17) impervious surface shall be immediately and completely removed to the greatest extent Sec. 27-78. Fertilizer content and applica- practicable. tion rates. (d) Fertilizer released on an impervious surface must be immediately contained and either legally (a) Fertilizers applied to turf within the vil- applied to turf or any other legal site,or returned lage shall be applied in accordance with require- to the original or other appropriate container. ments and directions provided by Rule 5E-1.003(2),Florida Administrative Code,Label- (e) In no case shall fertilizer be washed,swept, ing Requirements for Urban Turf Fertilizers. or blown off impervious surfaces into stormwater Under Rule 5E-1.003(2), Florida Administrative drains, ditches, conveyances, or water bodies. Code, required application rate and frequency (Ord. No. 2017-13, § 2, 9-28-17) maximums, which vary by plant and turf types, are found on the labeled fertilizer bag or container. Sec. 27-80. Management of grass clippings and vegetative matter. (b) Fertilizer containing nitrogen shall not be In no case shall grass clippings, vegetative applied before seeding or sodding a site, and material, and/or vegetative debris be washed, shall not be applied for the first thirty (30) days swept, or blown on to or into stormwater drains, after seeding or sodding, except when hydro- ditches, conveyances, water bodies, wetlands, seeding for temporary or permanent erosion sidewalks or roadways. Any material that is control in an emergency situation (wildfire, etc.) accidentally so deposited shall be immediately or in accordance with the Stormwater Pollution removed to the maximum extent practicable. Prevention Plan for the site. (Ord. No. 2017-13, § 2, 9-28-17) (c) Nitrogen or phosphorus fertilizer shall not Sec. 27-81. Exemptions. be applied to turf or landscape plants except as The provisions of this article shall not apply provided in section (a) above for turf, or in to- UFAFAS recommendations for landscape plants, ' vegetable gardens, and fruit trees and shrubs, (1) Bona fide farm operations as defined in unless a soil or tissue deficiency has been veri- the Florida Right-to-Farm Act, F.S. fied by an approved test. § 823.14; Supp. No. 66 1692 TREES AND SHRUBBERY §27-84 (2) Vegetable gardens provided that they are evidence of certification by the Florida Depart- not located within fifteen (15) feet of a ment of Agriculture and Consumer Services as a waterbody or wetland; commercial fertilizer applicator per Rule (3) Other properties not subject to or covered 5E-14.117(18), Florida Administrative Code. under the Florida Right-to-Farm Act that have pastures used for grazing livestock; (b) All businesses applying fertilizer to turf (4) Any lands used for bona fide scientific and/or landscape plants(including,but not limited research, including, but not limited to, to, residential lawns, golf courses, commercial research on the effects of fertilizer use on properties, and multi-family and condominium urban stormwater,water quality,agronom- properties) must ensure that at least one (1) ics, or horticulture; employee has a "Florida-Friendly Best Manage- ment Practices for Protection of Water Resources (5) Specialized turf grasses such a Zoysia or by the Green Industries" training certificate Bermuda as part of a periodic dethatch- prior to the business owner obtaining a business ing process during the growing period, tax receipt. Owners for any category of occupa- providedthat best management practices tion which may apply any fertilizer to turf and/or for fertilizer application are followed; landscape plants shall provide proof of comple- (6) The use of reclaimed water for irrigation; tion of the program to the village. and (Ord. No. 2017-13, § 2, 9-28-17) (7) The application of yard waste compost, mulches or similar materials that are Sec. 27-84. Enforcement;penalties;appeals. organic in nature and are applied to improve the physical condition of the soil. (a) Enforcement. The provisions of this article (Ord. No. 2017-13, § 2, 9-28-17) shall be enforced by the village's code enforce- ment special magistrate pursuant to the author- Sec. 27-82. Training. ity granted by F.S. § 162.01, et seq., as may be (a) All commercial and institutional applica- amended, and the village through its authority tors of fertilizer within the village shall abide by to enjoin and fine any person violating its code. and successfully complete the six-hour training The village may pursue these or any other program in the "Florida-Friendly Best Manage- enforcement remedies available to the village ment Practices for Protection of Water Resources under state law. by the Green Industries" offered by the Florida Department of Environmental Protection through (b) Penalties. Failure to comply with the the University of Florida/Palm Beach County requirements of this article shall constitute a Cooperative Extension Service "Florida-Friendly violation of this article and each new day the Landscapes" program or an approved equivalent violation exists shall be considered a separate program. and distinct offense. Fines shall be determined (b) Private, non-commercial applicators are by considering the factors set forth in F.S. § 162.09, encouraged to follow the recommendations of the as may be amended, and shall not exceed the University of Florida/IFAS "Florida-Friendly amounts authorized by state law. Landscape Program" when applying fertilizers. (Ord. No. 2017-13, § 2, 9-28-17) (c) Disposition of penalty funds. Funds gener- Sec. 27-83. Licensing of commercial applica- ated by penalties imposed pursuant to this article shall be used by the village for the administra- tors. tion and enforcement of F.S. § 403.9337, and the (a) All commercial applicators of fertilizer corresponding sections of this article, and to within the village shall have and carry in their further water conservation and non-point pollu- possession at all times when applying fertilizer, tion prevention activities. Supp. No. 66 1693 §27-84 NORTH PALM BEACH CODE (d) Appeals. Appeals of administrative orders of the special magistrate shall be as provided under state law, and as further set forth in section 2-180. (Ord. No. 2017-13, § 2, 9-28-17) [The next page is 1739] Supp. No. 66 1694 CODE COMPARATIVE TABLE 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) 2015-10 6-11-15 2 App. C, §45-2 3 Added App. C, §45-32 A.9., C.2. App. C, §45-32 E.7. Added App. C, §45-32 F.3. 4 App. C, §45-35.1 IIA.8. 2015-11 6-25-15 2 App. A, §III 3 App. C, §45-21(2)b. 4 Added App. C, §45-38 2015-12 6-25-15 2 Ch. 2,Art. III,Div. 5(Tit.) 2-76(b),(c) 2015-13 7-23-15 2 Added App. C, §45-16.2 3 21-3(a) 2015-19 11-12-15 1 5-1 Added 5-18 5-19-5-25 2015-20 11-12-15 2 45-36 N. 2015-22 12-10-15 2 19-99 2016-06 5-12-16 2 Rpld Ch. 24,Art. IL Divs. 1,2, §§24-16-26- 20,26-28, 26-29 Added Ch. 24,Art. IL §§24-16-24-27 2016-07 9- 8-16 2 Added 18-33 3 18-35 4 Added 18-35.1 5 2-173 2017-02 1-12-17 2 2-151(a), (b) 2017-03 1-26-17 2 Rpld Ch. 29, §§29-1- 29-16 Added Ch. 29, §§29-1- 29-20 2017-11 8-24-17 2 Rpld Ch. 12,Arts. I—III, §§ 12.5-1-12.5-11, 12.5-21-12.5-24, 12.5-41-12.5-45 Added Ch. 12.5,Arts. I—III, §§ 12.5-1- 12.5-8, 12.5-21, 12.5- 31-12.5-37 3 Added 6-21 2017-13 9-28-17 2 Added Ch. 27,Art. IV, §§27-71-27-84 [The next page is 2933] Supp. No. 66 2895 CODE INDEX Section Section AUDITS(Cont'd.) BOATS,DOCKS AND WATERWAYS(Cont'd.) Organization......................... 2-53 Construction requirements Removal............................. 2-55 Bulkheads and seawalls Compliance with provisions required 5-69 B Inspection required................ 5-73 Permit fee......................... 5-72 BATHING Specifications ..................... 5-71 Diseased persons prohibited from bathing Submission of plans and specifica- in public pools, etc. ................ 19-3 tions......................... 5-70 BICYCLES Canals Park regulations........................ 20-6 Canal crossings.................... 5-60 Subdivisions, required improvements re Compliance with provisions required 5-56 bikeways.......................... 36-29.1 Drainage canals................... 5-59 General requirements.............. 5-57 BILLBOARDS. See: SIGNS AND Navigation canals ................. 5-58 BILLBOARDS Surety bond prerequisite to issuance BIRDS. See:ANIMALS AND FOWL of building permit in certain cases ........................ 5-61 BLOCKS Docks and piers Subdivision design standards............ 36-18 Construction in waters other than Lake Worth and Atlantic Ocean, BOARDS, COMMITTEES AND COMMIS- regulations governing......... 5-84 SIONS. See: DEPARTMENTS AND Definitions........................ 5-81 OTHER AGENCIES OF VILLAGE Generally ......................... 5-82 BOATS, DOCKS AND WATERWAYS Lake Worth and Atlantic Ocean, Abandoned boats ....................... 5-8 regulations governing construc- Abatement of public nuisances on private tion in ....................... 5-85 property........................ 14-79 et seq. Minimum design requirements..... 5-83 Anchoring and mooring Variances ......................... 5-86 Mooring limitations in lagoons(private Erosion control structures docks).......................... 5-16 Construction ...................... 5-95 Unlawfully anchored or moored vessels Control ........................... 5-96 Claiming of vessel of floating structure Definitions........................ 5-93 by owner;payment of costs.... 5-23 Permitted,when................... 5-94 Department of law enforcement to Piers. See within this subheading:Docks impound ..................... 5-19 and Piers Owner to be notified upon impound- Seawalls. See within this subheading: ment......................... 5-20 Bulkheads and Seawalls Procedure in event owner cannot be Definitions............................. 5-1 found........................ 5-21 Disturbing other boats.................. 5-6 Reclamation of owner after sale .... 5-24 Exhibition boats exempted from certain Unclaimed vessel to be sold;certifica- restrictions........................ 5-4 tion of sale................... 5-22 Flood damage prevention provisions ..... 12.5-1 et seq. Authority of village to board boats violat- See:FLOOD DAMAGE PREVENTION ing chapter........................ 5-17 Health and sanitation requirements Boat launching area Cleanliness of docks.................. 5-11 Abandoned boats and equipment Observance of village health and conduct Disposition........................ 5-36 rules ........................... 5-10 Recovery.......................... 5-37 Pollution of waterways ............... 5-13 Designated;use restricted ............ 5-33 Refuse disposal ...................... 5-12 Permits required Live aboard boats Boats remaining for more that 24 Living aboard boats restricted ........ 5-15 hours........................ 5-35 Occupancy of live aboard boats,floating Repairs prohibited ................... 5-34 structure or vessels in village Vehicle/trailer parking in designated waterways...................... 5-25 areas........................... 5-35 Marine sanctuaries Violation;penalty.................... 5-38 Designation of waters as marine Bulkhead lines ......................... 7-1 et seq. sanctuaries See: BULKHEAD LINES Area to be regulated............... 5-101(c) Code enforcement, applicability re....... 2-173 Areas designated.................. 5-101(b) Supp. No. 66 2937 NORTH PALM BEACH CODE Section Section BOATS,DOCKS AND WATERWAYS(Cont'd.) BUILDINGS (Cont'd.) Construction of provision .......... 5-101(d) Appearance code Definition......................... 5-101(a) Appeals and review .................. 6-35 Mooring, docking,or beaching of boats on Appearance plan..................... 6-33 public or private property without Certificate of appropriateness permission........................ 5-9 Final hearings..................... 6-57 Noise control Follow-up by community develop- Radios or other mechanical sound- ment department............. 6-60 making devices or instruments in Planning commission vessels, operation of............. 19-103 Action of ....................... 6-58 Parking Approval by .................... 6-59 Boats and boat trailers; parking on Preliminary consideration.......... 6-56 residential property restricted in Definition ........................... 6-31 R-1 and R-2 residential zoning Intent and purposes.................. 6-32 districts ........................ 18-35 Planning commission,powers and duties Prohibited parking upon right-of-way re.............................. 6-36 of specific roadways............. 18-34.1 Short title ........................... 6-30 Prohibition of floating structures ........ 5-18 Appearance plan (Appendix A). See that Running engines, hours in residential subject districts........................... 5-14 Code enforcement, applicability re....... 2-173 Searchlights,use of..................... 5-7 Codes Speed limits;wakes..................... 5-2 Appearance code. See herein that subject Subdivision provisions re waterways..... 36-22 et seq. Building code........................ 6-17 See: SUBDIVISIONS(Appendix B) Electrical code ....................... 11-11, 11-12 Swimming in restricted waters.......... 5-3 Fire prevention code ................. 12-16 et seq. Water skiing5-5 Housing code ........................ 15-1, 15-2 ........................... Waterways board....................... 5-102 et seq. Country club ........................... 9-1 et seq.See: COUNTRY CLUB BONDS Electrical code.......................... 11-11, 11-12 Administrative code; bonds required of Flood damage prevention ............... 12.5-1 et seq. certain officers .................... 2-42 See:FLOOD DAMAGE PREVENTION Canal construction; surety bond Housing code........................... 15-1, 15-2 prerequisite to issuance of building Landscaping ........................... 27-31 et seq. permit............................ 5-61 See:LANDSCAPING Communications services Minimum construction standards Construction bond ................... 29-14 Authority............................ 6-16 Finance director,duties re .............. 2-59(7) Codes adopted ....................... 6-17 Village manager........................ 2-117 Construction board of adjustment and appeals......................... 6-18 BRUSH. See:WEEDS AND BRUSH Appointment...................... 6-18(a) Membership....................... 6-18(b) BUILDINGS Powers............................ 6-18(f) Abatement of unsafe or unsanitary build- Appeals ........................ 6-18(f)(1) ings Variances....................... 6-18(f)(2) Appeal .............................. 6-81 Procedures........................ 6-18(8) Authority to expend funds............ 6-85 Quorum and voting................ 6-18(d) Enforcement and right of entry ....... 6-74 Secretary to the board ............. 6-18(e) Hearing ............................. 6-79 Terms............................. 6-18(c) Implementation...................... 6-80 Technical amendments to the Florida Inspection........................... 6-75 Building Code, Residential....... 6-21 Lien,imposition of................... 6-84 Violations and penalty ............... 6-19 Performance of work ................. 6-82 Missiles, throwing...................... 19-83 Placard posting...................... 6-78 Obstructing passageway ................ 19-47 Provisions supplemental.............. 6-86 Outdoor displays. See herein: Signs and Purpose and scope ................... 6-72 Outdoor Displays Recovery of costs..................... 6-83 Park and recreation facilities; erecting Service of notice of violation.......... 6-77 buildings or structures............. 20-3 Unsafe or unsanitary buildings and Public land, construction on prohibited .. 6-1 structures ...................... 6-73 Signs and outdoors displays............. 6-110 et seq. Violations ........................... 6-76 See: SIGNS AND BILLBOARDS Supp. No. 66 2938 CODE INDEX Section Section BUILDINGS (Cont'd.) Smoke,dust, odors,liquids, etc. ......... 19-9 Spitting in public places prohibited...... 19-5 Supp. No. 66 2938.1 CODE INDEX Section Section EXCAVATIONS FINANCES(Cont'd.) Bulkhead lines ......................... 7-1 et seq. Emergency management See: BULKHEAD LINES Exempt employee emergency duty Stormwater management ............... 21-61 et seq. Compensation..................... 8-31 See: STORMWATER MANAGEMENT Investment policy of the village ......... 2-4 Pensions and retirement. See also that EXCRETA subject Dog waste, removal provisions re........ 4-31, 4-32 Length of service award plan for volunteer firefighters............ 2-170 et seq. F Pension and certain other benefits for fire and police employees........ 2-159 et seq. FENCES, WALLS, HEDGES AND Pension and certain other benefits for ENCLOSURES general employees .............. 2-146 et seq. Landscaping ........................... 27-31 et seq. Planning and development;filing fees and See: LANDSCAPING cost for changes ................... 21-1, 21-2 Swimming pool requirements............ 25-5 Social security.......................... 2-136 et seq. FERTILIZER-FRIENDLY USE ORDINANCE See: SOCIAL SECURITY Applicability ........................... 27-75 Taxation. See that subject Definitions............................. 27-72 Village manager........................ 2-118 Enforcement;penalties; appeals ......... 27-84 Appeals ............................. 27-84(d) FINES, FORFEITURES AND OTHER Enforcement......................... 27-84(a) PENALTIES Disposition of penalty funds .......... 27-84(c) Code enforcement;fines and liens ....... 2-178 Penalties ............................ 27-84(b) Code of ordinances, provisions re general Exemptions ............................ 27-81 penalty, continuing violations, and Fertilizer prosecution costs .................. 1-8 Application practices................. 27-79 Parking violation....................... 18-37, 18-38 Content and application rates......... 27-78 Pension and certain other benefits for fire Free zones........................... 27-77 and police employees Findings ............................... 27-73 Board of trustees for; forfeiture of Licensing of commercial applicators ..... 27-83 membership on board for absentee- Management of grass clippings and vegeta- ism............................. 2-164(b) tive matter........................ 27-80 Contributions;forfeitures............. 2-163(d) Purpose and intent ..................... 27-74 FIRE PREVENTION AND PROTECTION Timing of fertilizer application .......... 27-76 Title................................... 27-71 Barbecue grills and similar cooking devices 19-10 Training............................... 27-82 Code enforcement, applicability re....... 2-173 Fire rescue department................. 2-81 et seq. FINANCES See:FIRE RESCUE DEPARTMENT Budget procedures...................... 2-2 Florida fire prevention code Country club Adopted by reference................. 12-16 Delinquent accounts;penalties........ 9-32 Annual fire inspection and establish- Court cost ment of fee schedule ............ 12-17 Assessment of additional court costs for Review of construction plans and fire criminal justice education suppression, detection and alarm expenditures.................... 1-9 systems and establishment of fee Department of finance schedule........................ 12-18 Finance director;duties Hazardous substances, cost recovery for Accounts of receipts and expenditures 2-59(8) cleanup, abatement and removal of Budget duties ..................... 2-59(2) Authority of public safety fire rescue Cancellation of evidences of old debt 2-59(9) department..................... 12-102 Collect moneys and fees due village. 2-59(12) Cost reimbursement to village ........ 12-103 Examine books.................... 2-59(6) Definitions .......................... 12-101 Financial statements .............. 2-59(3) Exceptions for fire suppression services 12-105 Fiscal supervision over officers..... 2-59(5) Late fee for failure to reimbursement . 12-106 Keep accounts..................... 2-59(4) Records.............................. 12-104 Pay village employees.............. 2-59(11) Remedies............................ 12-107 Prescribe form..................... 2-59(1) Pension and certain other benefits for fire Receive and disburse moneys....... 2-59(10) and police employees .............. 2-159 et seq. Responsibility for proceeds of bonds 2-59(7) See:PENSIONS AND RETIREMENT Supp. No. 66 2943 NORTH PALM BEACH CODE Section Section FIRE PREVENTION AND PROTECTION FLOOD DAMAGE PREVENTION(Cont'd.) (Cont'd.) Modifications of the strict applica- Volunteer firefighters, length of service tion of the requirements of the award plan for .................... 2-170 et seq. Florida Building Code ........ 12.5-3(e) See: PENSIONS AND RETIREMENT Notices and orders................. 12.5-3(D Other duties of the Floodplain FIRE RESCUE DEPARTMENT Administrator................ 12.5-3(h) Composition............................ 2-83 Substantial improvement and Emergency medical services............. 11.5-21 et seq. substantial damage determina- See: EMERGENCIES tions......................... 12.5-3(d) Fire chiefs duties....................... 2-81 Inspections .......................... 12.5-6 Functions.............................. 2-82 Buildings, structures and facilities Disaster response.................... 2-82(6) exempt from the Florida Build- Emergency medical services .......... 2-82(5) ing Code ..................... 12.5-5(c) Fire fighting......................... 2-82(3) Final inspection................. 12.5-5(e) Fire prevention ...................... 2-82(4) Lowest floor inspection.......... 12.5-5(d) Maintain equipment ................. 2-82(2) Development other than buildings Report losses ........................ 2-82(1) and structures................ 12.5-5(b) Interference with police and fire rescue General........................... 12.5-5(a) department telephone trunk lines Manufactured homes .............. 12.5-5(D prohibited......................... 19-215 Permits.............................. 12.5-4 Application for a permit or approval... 12.5-4(d) FIREARMS AND WEAPONS Buildings, structures and facilities Concealed weapons, carrying............ 19-184 exempt from the Florida Build- Forfeiture;disposition................... 19-186 ing Code ..................... 12.54(c) Possession ............................. 19-183 Expiration ........................ 12.54(f) Sales restricted Floodplain development permits or Record of sales required.............. 19-185(c) approvals .................... 12.5-4(b) Specified weapons, display and sale of. 19-185(b) Other permits required ............ 12.5-4(h) Switchblade knives prohibited ........ 19-185(a) Permits required .................. 12.5-4(a) Stench bombs prohibited................ 19-82 Suspension or revocation........... 12.5-4(g) See: STENCH BOMBS Validity of permit or approval ...... 12.5-4(e) Site plans and construction documents 12.5-5 FLOOD DAMAGE PREVENTION Additional analyses and certifica- Administration tions......................... 12.5-5(c) General provisions ................... 12.5-1 Information for development in flood Coordination with the Florida Build- hazard areas ................. 12.5-5(a) ing Code ..................... 12.5-1(d) Information in flood hazard areas Disclaimer of liability.............. 12.5-1(f) without base flood elevations.. 12.5-5(b) Intent............................. 12.5-1(c) Submission of additional data...... 12.5-5(d) Scope............................. 12.5-1(b) Variances and appeals................ 12.5-7 Title.............................. 12.5-1(a) Appeals........................... 12.5-7(b) Warning .......................... 12.5-1(e) Conditions for issuance of variances 12.5-7(h) Applicability......................... 12.5-2 Considerations for issuance of vari- Abrogation and greater restrictions. 12.5-2(f) antes ........................ 12.5-7(g) Areas to which chapter applies..... 12.5-2(b) Functionally dependent uses ....... 12.5-7(D Basis for establishing flood hazard General........................... 12.5-7(a) areas ........................ 12.5-2(c) Historic buildings ................. 12.5-7(e) General........................... 12.5-2(a) Limitations on authority to grant Interpretation..................... 12.5-2(g) variances .................... 12.5-7(c) Other laws........................ 12.5-2(e) Restrictions in floodways........... 12.5-7(d) Submission of additional data to Violations ........................... 12.5-8 establish flood hazard areas... 12.5-2(d) Authority ......................... 12.5-8(b) Duties and powers of the floodplain Penalties for noncompliance........ 12.5-8(d) administrator................... 12.5-3 Unlawful continuance.............. 12.5-8(c) Applications and permits........... 12.5-3(c) Violations......................... 12.5-8(a) Designation....................... 12.5-3(a) Definitions Floodplain management records.... 12.5-3(i) General ............................. 12.5-21 General........................... 12.5-3(b) Definitions........................ 12.5-21(d) Inspections........................ 12.5-3(g) Scope............................. 12.5-21(a) Supp. No. 66 2944 CODE INDEX Section Section FLOOD DAMAGE PREVENTION(Cont'd.) FLOOD DAMAGE PREVENTION(Cont'd.) Terms Tank inlets and vents.............. 12.5-35(d) Defined in the Florida Building Underground tanks................ 12.5-35(a) Code ...................... 12.5-21(b) Not defined..................... 12.5-21(c) FLORIDA, STATE OF. See: STATE Flood resistant development FOLLOWING, PRECEDING Buildings and structures ............. 12.5-31 Definitions and rules of construction..... 1-2 Buildings and structures seaward of the coastal construction control FOOD AND FOOD PREPARATION line.......................... 12.5-31(b) Barbecue grills and similar cooking devices 19-10 Critical facilities................... 12.5-31(c) Design and construction of build- FORFEITURES. See: FINES, ings, structures and facilities FORFEITURES AND OTHER PENAL- exempt from the Florida Build- TIES ing Code ..................... 12.5-31(a) FOWL. See:ANIMALS AND FOWL Manufactured homes................. 12.5-34 Anchoring......................... 12.5-34(c) FRANCHISES Elevation ......................... 12.5-34(d) Enumerated. See Appendix D General requirement............ 12.5-34(e) Use of rights-of-way for utilities......... 28-1 et seq. Requirement for certain existing See:UTILITIES manufactured home parks and subdivisions........... 12.5-34(f) G Enclosures ........................ 12.5-34(g) Foundations....................... 12.5-34(b) GAMBLING General........................... 12.5-34(a) Animals, causing to fight................ 4-8 Utility equipment ................. 12.5-34(h) Simulated gambling devices............. 17-40 et seq. Other development................... 12.5-37 See: SIMULATED GAMBLING Concrete slab uses in coastal high DEVICES hazard areas ................. 12.5-37(e) Decks and patios in coastal high GARAGE AND OTHER SALES hazard areas ................. 12.5-37(f) Garage sales ........................... 17-61 Fences in regulated floodways...... 12.5-37(b) Permit required ........................ 17-62 General requirements for other Violations and penalties ................ 17-63 development ................. 12.5-37(a) GARBAGE AND TRASH Nonstructural fill in coastal high Abatement of public nuisances on private hazard areas ................. 12.5-37(h) property .......................... 14-79 et seq. Other development in coastal high See:NUISANCES hazard areas ................. 12.5-37(g) Boats;refuse disposal................... 5-12 Retaining walls, sidewalks and driveways in regulated flood- Garbage collection and disposal ways......................... 12.5-37(c) Charges Roads and watercourse crossings in Commercial use property waste regulated floodways........... 12.5-37(d) disposal fees and collection Recreational vehicles and park trailers 12.5-35 procedures ................... 14-30 Permanent placement.............. 12.5-35)b) Fee for excess amounts from com- Temporary placement.............. 12.5-35(a) mercial establishments ....... 14-28 Site improvements,utilities and limita- Generally ......................... 14-27 tions ........................... 12.5-33 When and where paid.............. 14-29 Limitations on Definition ........................... 14-23 Placement of fill ................ 12.5-33(e) Frequency of collection ............... 14-26 Sites in coastal high hazard areas 12.5-33(f) Garbage cans Sites in regulatory floodways .... 12.5-33(d) Kept covered...................... 14-25 Minimum requirements............ 12.5-33(a) Required.......................... 14-24 Subdivisions......................... 12.5-32 Landscaping;refuse container areas..... 27-41 Minimum requirements............ 12.5-32(a) Public works department Subdivision plats.................. 12.5-32(b) Refuse disposal division.............. 2-85(2) Tanks ............................... 12.5-36 GATHERINGS. See:ASSEMBLIES Above-ground tanks Elevated........................ 12.5-35(c) GENDER Not elevated.................... 12.5-35(b) Definitions and rules of construction..... 1-2 Supp. No. 66 2945 NORTH PALM BEACH CODE Section Section GOLF ADVISORY BOARD HOME OCCUPATIONS (Cont'd.) Composition and terms ................. 9-17 Home occupation provisions Composition ......................... 9-17(a) Affidavit of applicant required...... 17-3(e) Officers.............................. 9-17(c) Appeals........................... 17-30) Terms............................... 9-17(b) Requirement of business tax receipt 17-3(c) Creation ............................... 9-16 Permitted uses,home occupations as .... 17-3(a) Duties ................................. 9-19 Repeal of ordinances.................... 17-3(h) Meetings............................... 9-18 Standards.............................. 17-3(d) Violation of standards or conditions deemed GUNS. See: FIREARMS AND WEAPONS a Code violation................... 17-3(f) H HOUSING Abandoned real property................ 15-11 et seq. HANDBILLS See:PROPERTY Distribution restricted.................. 19-7 Boats, docks and waterways Live aboard boats.................... 5-15, 5-25 HANDGUNS. See: FIREARMS AND WEAPONS HOUSING CODE Adopted by reference ................... 15-1 HANDICAPPED PERSONS. See:DISABLED Amendments........................... 15-2 AND HANDICAPPED PERSONS Code enforcement, applicability re....... 2-173 HAZARDOUS SUBSTANCES Recovery of costs for cleanup, abatement I and removal....................... 12-101 et seq. IMPERSONATION See: FIRE PREVENTION AND Impersonating police officer; fireman or PROTECTION other village official ............... 19-8 HEALTH AND SANITATION IMPOUNDMENT Abatement of public nuisances on private Boats, docks and waterways; unlawfully property .......................... 14-79 et seq. anchored or moored vessels See: NUISANCES Department of law enforcement to Animals and fowl,provisions re ......... 4-11 et seq. impound........................ 5-19 See:ANIMALS AND FOWL Owner to be notified upon impound- Bathing regulations ment........................... 5-20, 5-21 Diseased persons prohibited from bath- Dogs and cats .......................... 4-30 ing in public pool,etc............ 19-3 Boats,docks, etc., provisions re.......... 5-10 et seq. INDECENCY AND OBSCENITY See: BOATS, DOCKS AND Adult entertainment establishments WATERWAYS Zoning regulations re. See: ZONING Code enforcement, applicability re....... 2-173 (Appendix C) Garbage and trash...................... 14-23 et seq. Alcoholic beverage establishments;nudity, See: GARBAGE AND TRASH partial nudity, sexual conduct Park and recreation facilities; failure to prohibited......................... 3-4 cooperate in keeping restrooms neat Topless costumes ....................... 19-64 or sanitary........................ 20-2 Vulgar language........................ 19-65 Rabies control.......................... 4-42 et seq. Window peeping........................ 19-66 See:ANIMALS AND FOWL INSURANCE EXCISE TAXES HEDGES. See:FENCES,WALLS,HEDGES Casualty insurance premiums........... 26-16 AND ENCLOSURES Property insurance premiums........... 26-17 HITCHHIKING INTRACOASTAL WATERWAY Prohibitions............................ 19-6 Marine sanctuary, designation as........ 5-101 HOME OCCUPATIONS INVESTMENTS Customer service requirements and Investment policy of the village ......... 2-4 performance standards............. 17-2 Definitions............................. 17-3(b) Effective date .......................... 17-3(i) Local business tax. See also that subject JOINT AUTHORITY Generally............................ 17-16 et seq. Definitions and rules of construction..... 1-2 Supp. No. 66 2946 CODE INDEX Section Section K LANDSCAPING(Cont'd.) KNIVES. See:FIREARMS AND WEAPONS Off-street parking landscape manual .... 27-38 Plot use plan approval prerequisite to issuance of permits for building and L paving............................ 27-37 LAKE WORTH Refuse container areas.................. 27-41 Marine sanctuary, designation as........ 5-101 Scope;applicability..................... 27-34 Regulations governing construction of Zoning ordinance,conflict with.......... 27-39 docks, piers in Lake Worth and LAW ENFORCEMENT, DEPARTMENT OF Atlantic Ocean .................... 5-85 (POLICE DEPARTMENT) LAND Boats, docks and waterways; unlawfully Buildings; construction on public land anchored or moored vessels prohibited......................... 6-1 Department of law enforcement to Planning and development.............. 21-01 et seq. impound........................ 5-19 See:PLANNING AND DEVELOPMENT Chief of police's duties .................. 2-75 Subdivision regulations................. 36-1 et seq. Composition............................ 2-76 See: SUBDIVISIONS(Appendix B) Generally............................ 2-76(a) Operations division .................. 2-76(b) LANDSCAPING Operations support division........... 2-76(c) Accessways............................. 27-36 Appearance plan (Appendix A). See that LIBRARY subject Damaging property unlawful............ 16-1 Application of provisions;enforcement ... 27-33 Department of library Certain yard areas,off-street parking and Librarian............................ 2-93 other vehicular use areas Library board Existing plant material............... 27-67 Appointment......................... 16-17 Installation.......................... 27-60 Compensation, service without........ 16-20 Maintenance......................... 27-61 Composition......................... 16-17 Parking area interior landscaping..... 27-65 Established.......................... 16-16 Perimeter landscaping relating to abut- Meetings ............................ 16-23 ting properties.................. 27-64 Organization......................... 16-21 Plant material Powers and duties.................... 16-22 Ground covers..................... 27-62(e) Qualifications........................ 16-19 Lawn grass ....................... 27-62(f) Removal from office .................. 16-24 Quality ........................... 27-62(a) Term of office........................ 16-17 Shrubs and hedges ................ 27-62(c) Vacancies............................ 16-18 Tree species....................... 27-62(b) Vines ............................. 27-62(d) LICENSES AND PERMITS Required landscaping adjacent to public Alarm permit .......................... 19-208 et seq. rights-of-way ................... 27-63 See:ALARMS Scope, applicability................... 27-59 Boat launching area permits ............ 5-34 Sight distance adjacent to public rights- Bulkhead lines;filling permit ........... 7-16 et seq. of-way and points of access ...... 27-66 See:BULKHEAD LINES Certificate of completion................ 27-35 Bulkheads and seawalls................. 5-72 Code enforcement, applicability re....... 2-173 Code enforcement, applicability re....... 2-173 Completed landscaping required for Communications services certificate of use and occupancy .... 27-37 Suspension or denial of permits....... 29-7 Definitions............................. 27-31 Community development department Fertilizer use........................... 27-71 et seq. Permits and inspections.............. 2-112(1) See: FERTILIZER-FRIENDLY USE Driveways. See herein: Sidewalk and ORDINANCE Driveway Permits Improved nonresidential properties in Emergency medical services............. 11.5-21 existence on September 23, 1971 Flood damage prevention development Applicable requirements.............. 27-40(b) permit ............................ 12.5-22 Exceptions........................... 27-40(c) Garage, related sales ................... 17-62 Objectives ........................... 27-40(a) Home occupations. See also that subject Planning commission, submission of Generally............................ 17-16 et seq. plans to ........................ 27-40(d) Business tax receipt for home occupa- Objectives.............................. 27-32 tions......................... 17-3(c)et seq. Supp. No. 66 2946.1 NORTH PALM BEACH CODE Section Section LICENSES AND PERMITS (Cont'd.) Park and recreation facilities; meeting and gathering permits ............. 20-31 et seq. See: PARKS, PLAYGROUNDS AND RECREATION Peddlers and solicitors permit........... 17-83 et seq. See: PEDDLERS AND SOLICITORS Seawalls. See herein: Bulkheads and Seawalls Sidewalk and driveway permits ......... 24-55 et seq. See: STREETS, SIDEWALKS AND PUBLIC PLACES Street excavation permits............... 24-28,24-29 Swimming pool permits................. 25-3 Utilities Use of rights-of-way for utilities; writ- ten permit...................... 28-2,28-3 LOCAL BUSINESS TAX Regulations enumerated ................ 17-16 et seq. See: BUSINESS REGULATIONS LODGING Unauthorized lodging and camping...... 19-11 LOGO Village logo ............................ 1-10 Supp. No. 66 2946.2