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Pages Replaced by Supplement #66TABLE OF CONTENTS Page Officials of the Village ........:.............................. in Preface..................................................... v Adopting Ordinance ......................................... vii Readopting Ordinance ....................................... x.i Checklist of Up -to -Date Pages ............................... [1] Supplement History Table ................................... SH:1 PART I CHARTER Charter.................................................... 1 Art. I. Corporate Name ............................. 3 Art. I.A. Vision Statement .......................... 3 Art. II. Territorial Boundaries ....................... 5 Art. III. Legislative ................................. 10.5 Art. IV. Administrative ............................. 15 Art. V. Qualifications and Elections.................. 17 Art. VI. Transition Schedule ........................ 18 Charter Comparative Table .................................. 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ...................................... 77 2. Administration .......................................... 133 Art. I. In General .................................. 134.3 Art. II. Council .................................... 138.7 Div. 1. Generally ............................... 138.7 Div. 2. Rules of Procedure ...................... 138.8 Art. III. Administrative Code ....................... 138.8 . Div. 1. Generally ............................... 138.8 Div. 2. Audit Committee ........................ 139 Div. 3. Department of Finance ................. 140 Div. 4. Department of Records .................. 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. 65 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 Div. 2. Canals .................................. General Employees ...................... 145 Div. 4. Pension and Certain Other Benefits for Div. 4. Docks and Piers ......................... Fire and Police Employees ............... 152.3 Div. 5. Length of Service Award Plan for Volunteer Art. IV. Marine Sanctuaries ......................... Firefighters ............................. 164 Div. 6. ICMA Defined Contribution Pension Plan. 164.1 Art. VI. Code Enforcement .......................... 164.2 Art. VII. Alternate Method of Code Enforcement ..... 169 3. Alcoholic Beverages ....... .......................... 211 4. Animals and Fowl ....................................... 263 Art. I. In General .................................. 265 Art. II. Dogs and Cats .............................. 267 Art. III. Rabies Control ............................. 269 Boats, Docks and Waterways ............................. 319 Art. I. In General .................................. 321 Art. II. Boat Launching Area ....................... 326 Art. III. 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. II. Minimum Construction Standards ........... 383 Art. III. Appearance Code .......................... 385 Div. 1. Generally ............................... 385 Div. 2. Reserved ................................ 387 Div. 3. Certificate of Appropriateness............ 387 Art. IV. Abatement of Unsafe or Unsanitary Buildings 388 Art. V. Signs and Outdoor Displays .................. 392.1 Art. VI. Reserved .................................. 401 Art. VII. Reserved .................................. 401 7. Bulkhead Lines ......................................... 453 Art. I. In General .................................. 455 Art. II. Filling Permit .......................... 455 8. Emergency Management ................................. 507 Art. I. In General .................................. 509 Art. II. Civil Disorders and Disturbances ............ 510. Supp. No. 65 xii TABLE OF CONTENTS—Cont'd. 1 Chapter Page Art. III. Exempt Employee Emergency Duty ......... 511 9. Country Club ........................................... 559 Art. I. In General .................................. 561 Art. II. Golf Advisory Board ........................ 562 Art. III. Finances .................................. 563 10. Elections ............................................... 615 Art. L In General .................................. 617 Art. II. Reserved ................................... 618 Art. III. Reserved .................................. 618 Art. IV. Polling Locations ........................... 618 11. Electricity ............................................. 671 Art. I. In General .................................. 673 Art. II. Electrical Code ............................. 673 11.5. Emergency Service ................................... 695 Art. I. In General . .. ........................... 697 Art. II. Emergency Medical Services ................. 697 12. Fire Prevention and Protection .......................... 723 Art. I. In General .................................. 725 Art. II. Florida Fire Prevention Code ................ 725 Art. III. Reserved ................................... 726 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances........... 726 12.5 Flood Damage Prevention .. ............ ........ 777 Art. I. In General .................................. 779 Art. II. Administration ............................. 783 Art. III. Provisions for Flood Hazard Reduction ...... 786 13. Reserved .............................................. 839 14. Health and Sanitation .................................. 889 Art. I. In General .................................. 891 Art. II. Garbage, Trash and Refuse .................. 891 Div. 1. Generally ............................... 891 Div. 2. Garbage Collection and Disposal ......... 891 Div. 3. Reserved ................................ 893 Art. III. Reserved .................................. 894 Art. IV. Abatement of Public Nuisances on Private Property ................................... 894 15. Housing ............................................... 945 Art. I. In General .................................. 947 Art. II. Abandoned Real Property ................... 949 16. Library ................................................ 997 Art. I. In General ............................... . 999 Art. II. Library Board .............................. 999 17. Licenses and Miscellaneous Business Regulations ........ 1051 Art. I. In General .................................. 1053 Supp. No. 65 xiii NORTH PALM BEACH CODE Chapter Planning and Development ............................. Page Art. II. Local Business Tax ......................... 1057 Art. III. Businesses Located Outside Village Limits.. 1060.4 Art. IV. Simulated Gambling Devices ................ 1063 Art. V. Ambulances ................................. 1065 Art. VI. Garage and Other Sales .................... 1066 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. II. Operation of Vehicles Generally ............. 1173 Art. III. Stopping, Standing and Parking ............ 1174 19. Offenses and Miscellaneous Provisions .................. 1225 Art: I. In General .................................. 1227 Art. II. Sexual Offenders and Sexual Predators ...... 1230 Art. III. 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. II. Meetings and Gatherings .................... 1292 Div. 1. Generally ............................... 1292 Div. 2. Permit .................................. 1292 Art. III. Recreation Advisory Board ................. 1293 21. Planning and Development ............................. 1343 Art. I. In General .................................. 1345 Art. II. Planning Commission ....................... 1347 Art. III. Board of Adjustment ....................... 1348 Art. IV. Concurrency Management .................. 1350 Art. V. Stormwater Management .................... 1363 Art. VI. Archaeological Site Protection Regulations... 1366.1 22. Reserved .............................................. 1411 23. Police .................................................. 1463 Art. I. In General .................................. 1465 Art. II. Reserved ................................... 1465 Art. III. Reserve Force .............................. 1465 24. Streets, Sidewalks and Public Places ................... 1517 Art. I. In General .................................. 1519 Art. II. Work Performed Within Rights -of -Way ....... 1519 Supp. No. 65 xiv TABLE OF CONTENTS—Cont'd. Chapter Page Art. III. Sidewalks and Driveways .................. 1520.3 Div. 1. Generally ............................... 1520.3 Div. 2. Permits ............................. 1523 25. Swimming Pools ....................................... 1573 Art. I. In General .................................. 1575 Art. II. Reserved. .... ............................ 1575 Art. III. Reserved .................................. 1576 26. Taxation ............................................... 1627 Art. I. In General .................................. 1629 Art. II. Insurance Excise Taxes ..................... 1629 Art. III. Utility Tax ................................ 1629 Art. IV. Telecommunications Service Tax ............ 1630 27. Trees and Shrubbery ................................... 1681 Art. I. In General .................................. 1683 Art. II. Trees in Swale Areas ....................... 1683 Art. III. Landscaping ............................... 1684 Div. 1. Generally ............................... 1684 Div. 2. Reserved ................................ 1686 Div. 3. Requirements for Certain Yard Areas, Off - Street Parking and Other Vehicular Use Areas................................... 1686 28. Use of Rights -of -Way for Utilities ....................... 1739 29. Communications Services ............................... 1781 Appendices A. Appearance Plan ........................................ 2043 B. Subdivisions ............................................ 2353 Art. I. In General .................................. 2355 Art. II. Procedures for Subdivision Plat Approval .... 2358 Art. III. Design Standards .......................... 2365 Art. IV. Required Improvements .................... 2368.1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Amendments ............................... 2378 Art. VII. Legal Status .............................. 2379 C. Zoning ................................................. 2479 Art. I. In General .................................. 2481 Art. II. Generally .................................. 2486 Art. III. 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 Code Comparative Table -1970 Code ......................... 2869 Supp. No. 65 xv NORTH PALM BEACH CODE Page Code Comparative Table—Laws of Florida .................... 2873 Code Comparative Table—Ordinances ........................ 2875 CharterIndex .............................................. 2933 CodeIndex ................................................. 2935 Supp. No. 65 xvi Checklist of Up -to -Date Pages (This checldist 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 iii 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.iii 1 65 61 xi, xii 65 77 OC xiii, xiv 65 79; 80 OC xv, xvi 65 81, 82 58 SH: 1, SH:2 63 83 58 SH:3 65 133, 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. 65 NORTH PALM BEACII 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 60 151,152 65 383,384 53 152.1, 152.2 65 385,386 53 152.2.1 65 387,388 60 152.3, 152.4 47 389,390 60 152.5, 152.6 60 391; 392 60 153, 154 61 392.1, 392.2 60 154.1 61 392.3, 392.4 60 155,156 46 392.5 60 157, 158 52 393,394 56 159,160 61 395,396 56 160.1, 160.2 61 397,398 56 161,162 46 398.1 56 162.1, 162.2 46 398.15, 398.16 40 163,164 52 399,400 53 164.1, 164.2 65 401 53 164.3 65 453 OC 165, 166 48 455,456 22 167, 168 48 507 57 169, 170 48 509,510 57 211 OC 511,512 57 213,214 19 559 36 263 59 561,562 52 265,266 59 563 40 266.1 59 615 36 267,268 52 617,618 36 269 52 671 2 319,320 63 673 24 321,322 63 695 13 323,324 63 697 52 325,326 63 723 52 [2] Supp. No. 65 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 725,726 52 1171 65 727 52 1173, 1174 65 777 OC 1175, 1176 65 779,780 OC 1177, 1178 65 781,782 OC 1179, 1180 65 783,784 OC 1225 61 785,786 OC 1227, 1228 61 787,788 OC 1229, 1230 63 789 OC 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 1061, 1062 8 1364.1 52 1063, 1064 54 1365, 1366 33 1065, 1066 54 1366.1, 1366.2 52 1067, 1068 61 1366.3, 1366:4 33 1069, 1070 61 1367 5 1121 OC 1411 OC [3] Supp. No. 65 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1463 OC 2353 OC 1465, 1466 52 2355, 2356 OC 1517 64 2357, 2358 33 1519, 1520 64 2359, 2360 33 1520.1, 1520.2 64 2361, 2362 33 1520.3, 1520.4 64 2363, 2364 33 1521, 1522 47 2364.1 33 1523 47 2365, 2366 OC 1573 24 2367, 2368 37 1575, 1576 29 2368.1 37 1627 9 2369, 2370 OC 1629, 1630 27 2371, 2372 OC 1631 27 2373, 2374 33 1681 OC 2375, 2376 33 1683, 1684 33 2377, 2378 33 1684.1, 1684.2 24 2379 33 1685, 1686 OC 2479, 2480 62 1687, 1688 17 2481, 2482 62 1689, 1690 17 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 1799 65 2499, 2500 59 2043 OC 2501, 2502 59 2045, 2046 62 2503, 2504 62 2046.1 62 2504.1, 2504.2 62 2047, 2048 OC 2504.2.1 62 2049, 2050 OC 2504.3, 2504.4 59 2051, 2052 OC 2504.5, 2504.6 59 2053 OC 2504.7, 2504.8 59 [4] Supp. No. 65 1 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 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. 2527,25 - 28 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 2510.49, 2510.50 25, Add. 2891, 2892 51 2510.51, 2510.52 25, Add. 2893, 2894 60 2510.53, 2510.54 25, Add. 2895 65 2510.55, 2510.56 25, Add. 2933, 2934 25 2511, 2512 57 2935, 2936 65 2512.1, 2512.2 57 2937, 2938 65 2512.2.1, 2512.2.2 63 2939, 2940 65 2512.3, 2512.4 49 2941, 2942 65 [5] Supp. No. 65 NORTH PALM BEACH CODE Page No. Supp. No. 2943, 2944 65 2945, 2946 65 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. 65 SUPPLEMENT HISTORY TABLE Ord. No. ;Date Adopted Included/ 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 Supp. No. 65 SH:3 Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Article I. In General Sec. 6-1. Construction on public land prohibited. Sec. 6-2. Reserved. Sec. 6-3. Reserved. Sec. 6-4. Reserved. Secs. 6-5-6-15. Reserved. Article II. Minimum Construction Standards Sec. 6-16. Authority. Sec. 6-17. Codes adopted. Sec. 6-18. Construction board of adjustment and appeals. Sec. 6-19. Violations; penalty. Sec. 6-20. Reserved. Secs. 6-21-6-29. Reserved. Article III. Appearance Code Division 1. Generally Sec. 6-30. Short title. Sec. 6-31. Definition. Sec. 6-32. Intent and purposes. Sec. 6-33. Appearance plan. Sec. 6-34. Reserved. Sec. 6-35. Appeals and review. Sec. 6-36. Powers and duties of planning commission concerning the appear- ance code. Secs. 6-37-6-42. Reserved. Division 2. Reserved Secs. 6-43-6-55. Reserved. Division 3. Certificate of Appropriateness Sec. 6-56. Preliminary consideration. Sec. 6-57. Final hearings. Sec. 6-58. Action of planning commission. Sec. 6-59. Approval by planning commission. Sec. 6-60. Follow-up by community development department. Secs. 6-61-6-71. Reserved. Article IV. Abatement of Unsafe or Unsanitary Buildings Sec. 6-72. Purpose and scope. Sec. 6-73. Unsafe or unsanitary buildings and structures. *Cross references -Construction requirements for waterway related structures, § 5-49 et seq.; enforcement of Ch. 6 by code enforcement board, § 2-171 et seq.; bulkhead lines, Ch. 7; electricity, Ch. 11; fire prevention and protection, Ch. 12; flood damage prevention, Ch. 12.5; housing, Ch. 15; permissible times for construction activity, § 19-111; planning and development, Ch. 21; streets, sidewalks and public places, Ch. 24; swimming pools, Ch. 25; use of rights-of-way for utilities, Ch. 28; appearance plan, App. A; subdivision regulations, App. B; zoning regulations, App. C. Supp. No. 60 381 NORTH PALM BEACH CODE Sec. 6-74. Enforcement and right of entry. Sec. 6-75. Inspection. Sec. 6-76. Violations. Sec. 6-77. Service of notice of violation. Sec. 6-78. Placard posting. Sec. 6-79. Hearing. Sec. 6-80. Implementation. Sec. 6-81. Appeal. Sec. 6-82. Performance of work. Sec. 6-83. Recovery of costs. Sec. 6-84. Imposition of lien. Sec. 6-85. Authority to expend funds. Sec. 6-86. Provisions supplemental. Secs. 6-87-6-109. Reserved. Article V. Signs and Outdoor Displays Sec. 6-110. Purpose and scope of regulations. Sec. 6-111. General provisions. Sec. 6-112. Exempt signs. Sec. 6-113. Prohibited signs. Sec. 6-114. Permitted temporary signs. Sec. 6-115. Permitted permanent accessory signs. Sec. 6-116. Measurement determinations. Sec. 6-117. Design, construction, and location standards. Sec. 6-118. Severability. Secs. 6-119-6-149. Reserved. Article VI. Reserved Article VII. Reserved Supp. No. 60 382 BUILDINGS AND BUILDING REGULATIONS § 6-32 be deemed a violation of the building code and shall be subject to code enforcement proceedings. (g) Procedures. (1) The board shall meet as necessary to consider appeals of the decisions and in- terpretations of the building official and consider variances to the building code. (2) The board's decision shall be set forth in a written order. An order involving the build- ing official's interpretation of the building code shall be reviewed utilizing the proce- dure set forth in F.S. § 553.775, as amended. All other orders entered by the board shall be appealed through the filing of a petition for writ of certiorari in the circuit court within thirty (30) days after rendition of the order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the re- cord created before the board. (Ord. No. 2012-02, § 2, 3-8-12) Sec. 6-19. Violations; penalty. Any person, firm or corporation who shall vio- late a provision of this article, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate of- fense for each and every day or portion thereof during which any violation of any of the provi- sions of this article is committed or continued and, upon conviction of any such violation, such person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by imprisonment not exceed- ing six (6) months, or by both such fine and imprisonment. (Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83, § 3, 8-25-83) Editor's note—Ordinance No. 25-80, § 3, adopted Oct. 9, 1980, was nonamendatory of the Code; hence, its inclusion as § 6-19 was at the editor's discretion. Sec. 6-20. Reserved. Editor's note—Section 3 of Ord. No. 14-92, adopted Sept. 10, 1992, repealed former § 6-20, relative to amendments to the Standard Plumbing Code, which derived from Ord. No. 20-91, § 1, adopted May 23, 1991. Supp. No. 53 385 Secs. 6-21-6-29. Reserved. ARTICLE III. APPEARANCE CODE* DIVISION 1. GENERALLY Sec. 6-30. Short title. This article, including any regulation hereafter adopted, shall hereafter be known, cited and referred to as the "Appearance Code." (Code 1970, § 6-21) Sec. 6-31. Definition. The term "external architectural feature" is defined to mean the architectural style and gen- eral arrangement of such portion of a building or structure as is designed to be open to view from a public street, place or way, or from adjoining premises. (Code 1970, § 6-39; Ord. No. 4-71, § 1; Ord. No. 2-72, § 1) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 6-32. Intent and purposes. This appearance code is adopted for the follow- ing purposes: (1) To promote the public health, safety, mor- als, comfort and general welfare of the citizens of the village. (2) To enhance the values of property through- out the village. (3) To protect and to stabilize the general appearance of buildings, structures, land- scaping and open areas, in the multiple dwelling, commercial and public zoning districts of the village. *Editor's note—Ordinance No. 6-77, § 5, enacted April 28, 1977, adopted §§ 6-30-6-36, 6-56-6-60, concerning the ap- pearance code, as part of the comprehensive plan for the village. Ord. No. 4-79, adopted March 8, 1979, removed the appearance code from the comprehensive plan. Cross references—Planning and development, Ch. 21; appearance plan, App. A. § 6-32 NORTH PALM BEACH CODE (4) To insure adequate light, air and privacy for property in the multiple dwelling, com- mercial and public zoning districts of the village. (5) To encourage and promote acceptability, attractiveness, cohesiveness and compat- ibility of new buildings, developments, remodeling and additions so as to main- tain and improve the established stan- dards of property values within the mul- tiple -dwelling, commercial and public zoning districts of the village. (Code 1970, § 6-22) Sec. 6-33. Appearance plan. The village hereby adopts by reference thereto the appearance plan attached as exhibit A to Ordinance No. 3-72 of the village. The appearance plan is set forth at length in Appendix A of this Code. (Code 1970, § 6-40; Ord. No. 3-72, § 1) Sec. 6-34. Reserved. Editor's note—Ordinance No. 4-79, § 1, adopted March 8, 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to repeal §§ 6-29-6-32 of the 1970 Code, of which §§ 6-30, 6-32 were codified as § 6-34 of this Code. Former § 6-34 pertained to amendments of the appearance plan. Sec. 6-35. Appeals and review. The applicant or any interested party may file an appeal to the village council on any ruling by the planning commission made pursuant to this article. An appeal shall be on forms provided by the village. The appeal shall be filed or made within ten (10) days after decision of the planning commission. Appeals shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in this article or standards set forth in or pursuant to this article. The village council shall decide an appeal within thirty (30) days of the filing of such appeal unless an exten- sion 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 Supp. No. 53 386 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 ap- pearance code. The planning commission shall have the follow- ing 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 munici- pal or governmental bodies on matters affecting the appearance of the village. (3) To study exterior design drawings, land- scape and site plans and materials for any proposed public works or public improve- ments and to make recommendations 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 appropriateness as provided in section 6-59, in connection with questions pertaining to applications for building permits and to issue or deny such certificates pursuant to the provi- sions 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. Secs. 6-37-6-42. Reserved. Chapter 12.5 FLOOD DAMAGE PREVENTION* Art. I. In General, §§ 12.5.1-12.5.20 Art. II. Administration, §§ 12.5.21-12.5-40 Art, III. Provisions for Flood Hazard Reduction, §§ 12.5.41-12.5.47 *Editor's note—Ordinance No. 2-83, enacted Feb. 10, 1983, did not expressly amend the Code; hence, codification of §§ 1-22 as herein set out in Ch. 12.5, Art. I, §§ 12.5.1-12.5-11, Art. II, §§ 12.5.21-12.5-24 and Art. III, §§ 12.5.41-12.5.47, was at the discretion of the editor. 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. 777 0 FLOOD DAMAGE PREVENTION ARTICLE I. IN GENERAL Sec. 12.5.1. Statutory authorization. The legislature of the state has, in F.S. chapter 163, delegated the responsibility to local govern- mental units to adopt regulations designed to pro- mote the public health, safety and general wel- fare of its citizenry. (Ord. No. 2-83, § 1, 2-10-83) Sec. 12.5-2. Findings of fact. (a) The flood hazard areas of the village are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental ser- vices, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumu- lative effect of obstructions in areas of special flood hazards which increase flood heights and veloci- ties, and when inadequately anchored, damage uses in other area. Uses that are inadequately floodproofed or elevated, or otherwise unprotected from flood damage, contribute also to the flood loss. (Ord. No. 2-83, § 2, 2-10-83) Sec. 12.5.3. Statement of purpose and objec- tives. The purpose and objectives of this chapter are to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provi- sions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief ef- forts associated with flooding and gener- ally undertaken at the expense of the gen- eral public; (4) Minimize prolonged business interruptions; 779 § 12.5-5 (5) Minimize damage to public facilities and utilities such as water and gas mains, elec- tric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) Help maintain a stable tax base by pro- viding for the second use and development of areas of special flood hazard so as to min- imize future flood blight areas; (7) Insure that potential buyers are notified that property is in an area of special flood hazard; and (8) Insure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. No. 2-83, § 3, 2-10-83) Sec. 12.5.4. Methods of reducing flood losses. In order to accomplish its purpose and objec- tives, this chapter includes methods and provi- sions for: (1) Restricting or prohibiting uses which are dangerous to .health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood - plains, stream channels and natural protec- tive. barriers, which help accommodate or channel floodwaters; (4) Controlling filling, grading, dredging and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally di- vert floodwaters or which may increase flood hazards in other areas. (Ord. No. 2-83, § 4, 2-10-83) Sec. 12.5.5. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted § 12.5-5 !NORTH PALM BEACH:CODE so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Appeal means a request for a review of the flood damage control administrator's interpretation of any provision of this chapter or a request for a variance. Area of shallow flooding means a designated AO, AH or VO zone on a community's flood in- surance rate map, (FIRM), with a one -percent or greater annual chance of annual flooding: The base flood depths range from one (1) to three (3) feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. Area of special flood hazard means the land in the floodplain within a community subject to a one -percent or greater chance of flooding in any given year. Designated as zones A, 'A0, AH, Al -99, VO or V1-30 on a community's FIRM. Base flood means the flood having a one -percent chance of being equalled or exceeded in any given year. Base flood elevation means the crest elevation in relation to mean sea level (using national geo- detic vertical datum) expected to be reached during a flood which encompasses the regulatory flood- plain. Breakaway walls means aesthetic lattice walls or screening using approved materials, which are not part of the structural support of the building and which are so designed as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity. of the building on which they are used. Coastal high hazard area means an area within the regulatory floodplain which is subject to high velocity waters, including hurricane wave wash. The area is designated on a FIRM as zone V1-30. Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, exca- vation or drilling operations located within the area of special flood hazard. 780 Flood or flooding means a general and tempo- rary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; and/or (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood boundary and floodway map means the official map on which the federal emergency man- agement agency has delineated both the flood boundaries and the regulatory floodway. Flood damage control administrator means the officer of the village for the delegation of respon- sibilities for the individual tasks contained herein. Flood elevation determination means a determi- nation by the federal emergency management agency of the water surface elevations of the base flood, that is, the flood level that has a one -percent or greater chance of occurrence in any given year. Flood insurance rate map (FIRM) means an of- ficial map of a community, on which the federal emergency management agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. Flood insurance study means the official report provided by the federal emergency management agency. The report contains flood profiles and water surface elevation of the base flood. It may include the flood boundary-floodway map. Floodplain means land which will be inundated by floods known to have occurred or reasonably characteristic of what, can be expected to occur from the overflow of inland or tidal waters and the accumulation of runoff of surface waters from rainfall. Floodplain management regulations means any zoning ordinances, subdivision regulations, building codes, health regulations,. special pur- pose ordinances (such as a floodplain. manage- ment ordinance, grading ordinance and erosion control ordinance), and other applications of po- lice powers. The term describes such state or local regulations, in any combination thereof, which pro- vide standards for the purpose of flood damage prevention and reduction. FLOOD DAMAGE PREVENTION Floodproofing means structural changes or ad- justments incorporated in the design or construc- tion of a building so as to make the building wa- tertight with walls substantially impermeable to the passage of water and with -structural compo- nents having the capacity of resisting hydrostatic and hydrodynamic loads and effects; of'buoyance. for the reduction or elimination of flood. damages. Floodway.. See "regulatory floodway." Floodway encroachment line means the line marking the limits of floo.dway maps on federal, state: and local floodplain maps. Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. Highest adjacent grade means the highest nat- ural elevation of the ground surface prior to con- struction next to the proposed walls of a struc- ture. Lowest floor means the floor of the lowest en- closed area, including basement, but excluding any unfinished or flood -resistant enclosure, useable solely for vehicle parking, building access, or lim- ited storage. Mangrove stand means an assemblage of man- grove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one (1) or more of the following species: black mangrove (Avicennia nitida); red mangrove (Rhiziphora man - gel); white mangrove .(Languncularia. racemosa); and buttonwood (Conocarpus erecta). MSL means the average height of the sea for all stages of the tide. Itis used as `a reference for establishing varying elevations within the flood- plain. For purposes of this chapter, the term is synonymous with national geodetic vertical datum (NGVD). National geodetic vertical datum (NGVD) means as corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain. 781 § 12.5-5 . New construction means structures for which the "start of construction" commenced on or after the effective date of this chapter. Regulatory flood means for purposes of this chapter, a flood event having a one -percent chance of occurring in, any given year;, although the flood may occur in any year; i,.e:, the 100 -year flood. Regulatory flood elevation means the crest ele- vation in relation, to mean sea level expected to be reached by the regulatory flood at any given point in an area of special flood hazard. Regulatory fZoodway means the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the velocity waters of the regulatory flood. Sand dunes means naturally occurring accumu- lations of sand, in ridges or mounds landward of the beach. Start of construction includes substantial im- provement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first. placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the instal- lation of streets and/or walkways; nor does it in- clude excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the prop- erty of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Structure means a walled and roofed building that is principally above -ground and affixed to a permanent site. The term includes a . building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in construction, alter- ation or repair, unless such materials or supplies are within an enclosed building.on the premises. § 12.5.5 NORTH PALM BEACH CODE The words "building" and "structure" shall have the same meaning for the purposes of this chapter. Substantial improvement means any repair; con- struction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either: (1) Before the improvement or repair is started, or (2) If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other struc- tural part of the building commences, whether or not that alteration affects the external dimen- sions of the structure. The term does not, how- ever, include either: (1) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) Any alteration of a structure listed on the national register of historic places or a state inventory of historic places. Variance means a grant of relief from the re- quirements of this chapter which permits construc- tion in a manner that would otherwise be prohib- ited by this chapter. Water surface elevation means the projected heights in relation to mean sea level reached by floods of various magnitudes and frequencies in the floodplain of coastal or riverine areas. (Ord. No. 2-83, § 5, 2-10-83; Ord. No. 1-87, § 2, 1.8-87) Sec. 12.5.6. Lands to which this chapter ap- plies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the vil- lage. (Ord. No. 2-83, § 6, 2-10-83) Sec. 12.5.7. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the federal emergency management agency in a 782 scientific and engineering report entitled, "The Flood Insurance Study for the Village of North Palm Beach," dated April 4, 1983, with accompa- nying flood insurance rate map, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at the office of the village clerk, North Palm Beach Village Hall, U.S. Highway 1, North Palm Beach, Florida. (Ord. No. 2.83, § 7, 2-10-83; Ord. No. 1-87, § 1, 1-8-87) Sec. 12.5.8. Abrogation and greater restric- tions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. No. 2-83, § 9, 2-10-83) Sec. 12.5-9. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) Considered as minimum requirements; (2) . Liberally construed in favor of the gov- erning body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 2-83, § 10, 2-10-83) Sec. 12.5.10. Warning regarding "area of spe- cial flood hazard" designations. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. (Ord. No. 2-83, § 11, 2-10=83) FLOOD DAMAGE PREVENTION Sec. 12.5.11. Penalties for noncompliance. No structure or land shall hereafter be con- structed, located, extended, converted or altered without full compliance with the terms of this chapter. Failure to comply with any of its require- ments (including violations of conditions and safe- guards established in connection with grants of variance or special exceptions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its require- ments shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or im- prisoned for not more than sixty (60) days, or both, for each violation; and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a sep- arate offense. Nothing herein contained shall pre- vent the village from taking such other lawful action as is necessary to prevent or remedy any violation. . (Ord. No. 2-83, § 8, 2-10-83) Secs. 12.5.12-12.5.20. Reserved. ARTICLE II. ADMINISTRATION Sec. 12.5.21. Designation of flood damage control administrator. The village building official is hereby appointed the flood damage control administrator to admin- ister and implement this chapter. (The village building official may delegate the responsibilities for the individual tasks contained herein.) (Ord. No. 2-83, § 12, 2-10-83) Sec. 12.5.22. Development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in section 12.5-7. Application for a development permit shall be made on forms furnished by the flood damage control administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and el- evations of the area in question, existing or pro- posed structures, fill, storage of materials, drainage facilities; and the location of the fore- 783 § 12.5.22 going. Specifically, the following information is required: (1) Elevation in relation to mean sea level of the proposed lowest floor (including base- ment) of all structures; (2) Elevation in relation to mean sea level to which any structure will be floodproofed; (3) Certification by a registered professional en- gineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsec- tion 12.5-42(2); and (4) Description of the extent to which any wa- tercourse will be altered or relocated as a result of proposed development. (5) Provide a flood elevation or floodproofing certification after the lowest floor is com- pleted, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor. Within twenty-one (21) cal- endar days of establishment of the lowest floor elevation, or floodproofing by what- ever construction means, or upon place- ment of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the village building official a cer- tification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal struc- tural members of the lowest floor, which- ever is applicable, as built, in relation to mean sea level. The certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood - proofing is utilized for a particular building, the certification shall be prepared by or under the direct supervision of a profes- sional engineer or architect and certified by same. Any work done within the twenty- one -calendar -day period and prior to sub- mission of the certification shall be at the permit holder's risk. The village building official shall review the flood elevation § 12.5.22 NORTH PALM BEACH CODE survey data submitted. Deficiencies de- tected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the,survey or failure to make the corrections required hereby shall be cause to issue a stop -work order for the project. (Ord. No. 2-83, § 13, 2-10-83) Sec. 12.5.23. Duties and responsibilities of flood damage control adminis- trator. Duties of the flood damage control adminis- trator shall include, but not be limited to: (1) Permit review. a. Review all development permits to de- termine that the permit requirements of this chapter have been satisfied. b. Review all development permits to de- termine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. c. Review all development permits in the coastal high hazard area of the area of special flood hazard to determine if the proposed development alters mangrove stands or sand dunes so as to increase potential flood damage. d. Review plans for walls to be used to enclose space below the base flood level in accordance- with subsection 12.5- 44(2)d. (2) Use of other base flood data. When base flood elevation data has not been provided in ac- cordance with section 12.5-7, "Basis for es- tablishing the areas of special flood hazard," the 'flood damage control administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source (U.S. Army Corps of Engineers, U.S. Geological Survey, U.S. Soil Conservation Service, State Water Management Districts), in order to admin- ister subsection 12.5-42(1), specific stan- dards, residential construction, and subsec- 784 tion 12.5-42(2), specific standards, nonresidential construction. (3) Information to be obtained and maintained. a. Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including base- ment) of all new or substantially im- proved structures, and whether or not the structure contains a basement. b. For all new and substantially improved floodproofed structures: 1. Verify and record the actual eleva- tion (in relation to mean sea level); and 2. Maintain the floodproofing certifi- cations required in subsection 12.5- 22(3). c. In coastal high hazard areas, certifica- tion shall be obtained from a regis- tered professional engineer or archi- tect that the provisions of subsections 12.5-44(2)a and b.l and 2 are met. d. Maintain for public inspection all records pertaining to the provisions of this chapter. (4) Alteration of watercourses. a. Notify adjacent communities and the Florida Department of Veteran and Community Affairs prior to any alter- , ation . or relocation of a watercourse, and submit evidence of such notifica- tion to the, federal insurance adminis- tration. . b. Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood - carrying capacity is not diminished. (5) Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there' appears to be a conflict between a mapped boundary and actual field condi- tions). The -person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 12.5-24. (Ord. No. 2-83, § 14, 2-10-83) FLOOD DAMAGE PREVENTION Sec. 12.5.24. Variance procedure. (a) Appeals board. (1) The village contractors' board, as estab- lished by the village, shall hear and decide appeals and requests for variance from the requirements of this chapter. (2) The village contractors' board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the flood damage control administrator in the enforcement (5) or administration of this chapter. (3) Those aggrieved by, the decision of the vil- lage contractors' board, or any taxpayer, may appeal such decision to the circuit court. (4) In passing upon such applications,. the vil- lage contractors' board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed fa- cility and its contents to flood damage and the effect of such damage on the individual -owner; d. The importance of the services provided by the proposed facility to the commu- nity; e. The necessity to the facility of a water- front location, where applicable; f. The compatibility of the proposed use with existing and anticipated develop- ment; g. The relationship of the proposed use to the comprehensive plan and floodplain management program of that area; h. The availability of alternative locations not subject to flooding or erosion damage for the proposed use; i. The safety of access to the property in times of flood for ordinary and emer- gency vehicles; 785 § 12.5.24 j. The expected heights, velocity, dura- tion, rateof rise and sediment trans- port of the floodwaters and the effects of wave action, if applicable, expected at the site; and k. The costs of providing governmental services during and after flood condi- tions; including maintenance and re- pair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. Upon consideration of the factors of subsec- tion (a)(4) and the purpose of this chapter, the village contractors' board may attach such conditions to the granting of variances as it deems necessary to further the pur- poses of this chapter. (6) The flood damage control administrator shall maintain the records of all appeal ac- tions, including technical information, and report any variances to the federal insur- ance administrator upon request. (7) Variances shall not be issued within any regulatory floodway if any, increase in flood levels would result during a base flood dis- charge. (b) Conditions for variances. (1) Variances may be issued for new construc- tion and substantial improvements to be erected on a lot one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items a. through k. in subsection (a)(4) have been fully con- sidered. As the lot size increases beyond the one-half acre, the technical justifica- tion required for issuing the variance in- creases. (2) Variances may be issued for the reconstruc- tion, rehabilitation or restoration of struc- tures listed on the national register of his- toric places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this section. (3) Variances shall only be issued upon a de- termination that the variance is the min - § 12.5-24 NORTH PALM BEACH CODE imum necessary, considering the flood using methods and practices that min - hazard, to afford relief. imize flood damage. (4) Variances shall only be issued upon: (3) Utilities. a. A showing of good and sufficient cause; a. All new and replacement water supply b. A determination that failure to grant systems shall be designed to minimize the variance would result in excep- or eliminate infiltration of floodwaters tional hardship to the applicant; and into the system. c. A determination that the granting of a b. New and replacement sanitary sewage variance will not result in increased systems shall be designated to mini - flood heights, additional threats to mize or eliminate infiltration of flood - public safety, extraordinary public ex- waters into the systems and discharge pense, create nuisances, cause fraud on from the systems into floodwaters. or victimization of the public, or con- c. On-site waste disposal systems shall be flict with the local government compre- located to avoid impairment to them or hensive plan or with other existing contamination from them during local laws or ordinances. flooding. (5) Any applicant to whom a variance is granted shall be given written notice spec- ifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensu- rate with the increased risk resulting from the reduced lowest floor elevation. (Ord. No. 2-83, § 15, 2-10-83) Secs. 12.5.25-12.5.40. Reserved. ARTICLE III. PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 12.5.41. General standards. In all areas of special flood hazards, the fol- lowing standards are required: (1) Anchoring. All new construction and sub- stantial improvements shall be anchored to prevent flotation, collapse or lateral move- ment of the structure. (2) Construction materials and methods a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed 786 (4) Subdivision proposals. a. All subdivision proposals shall be con- sistent with the needs to minimize flood damage. b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water sys- tems located and constructed to mini- mize flood damage. c. All subdivision proposals shall have ad- equate drainage provided to reduce ex- posure to flood damage. d. Base flood elevation data shall be pro- vided for subdivision proposals and other proposed development which con- tain at least fifty (50) lots or five (5) acres (whichever is less). (5) Mechanical and utility equipment. Elec- trical, heating, ventilation, plumbing, and air conditioning equipment and other ser- vice facilities shall be designed and/or lo- cated so as to prevent water from entering or accumulating within the components during conditions of flooding. (6) Enclosures below lowest floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be de- signed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. De - FLOOD DAMAGE PREVENTION signs for meeting this requirement must either be certified by a state -registered pro- fessional engineer or architect or must meet or exceed the following minimum criteria: a minimum of two (2) openings having a total net area of not less than one (1) square inch for every -square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood- waters. (Ord. No. 2-83, § 16, 2-10-83; Ord. No. 1-87, § 3, 1-8-87) Sec. 12.5.42. Specific standards. In all areas of special flood hazards (zones A, Al -30, AH) where base flood elevation data have been provided as set forth in section 12.5-7, or in subsection 12.5-23(2), the following standards are required: (1) Residential construction. New construction and substantial improvement of any resi- dential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation, or eight and five - tenths (8.5) feet above mean sea level or eighteen (18) inches above the crown of the road serving the structure, whichever is the highest elevation. . (2) Nonresidential construction. New construc- tion and substantial improvement of any commercial, industrial or other nonresiden- tial structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facili- ties, shall: a. Be floodproofed to a minimum of one (1) foot above the base flood elevation and thestructurebelow the flood ele- vation is watertight with walls substan- tially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrody- 787 § 12.5-44 namic loads and effects of buoyance; and c. A state -registered professional engineer or architect shall develop the struc- tural design, specifications, and plans for the construction, and shall certify that the design and methods of con- struction are in accordance with ac- cepted standards of practice for meeting the applicable provisions of this sub- section, and a record of such certifi- cates which includes the specific eleva- tion (in relation to mean sea level) to which such structures are floodproofed shall be provided to the official set forth in subsection 12.5-23(3)b. (Ord. No. 2-83, § 17, 2-10-83; Ord. No. 1-87, § 1, 1-8-87) Sec. 12.5.43. Regulatory floodways. When floodways are designated within areas of special flood hazard, additional criteria will be met. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements and other developments, unless certification by a professional registered engineer or archi- tect is provided demonstrating that en- croachments shall not result in any increase in flood levels during occurrence of the base flood discharge. (2) If subsection (1) is satisfied, all new con- struction and substantial improvements shall comply with all applicable flood hazard reduction provisions of sections 12.5-41 and 12.5-42. (Ord. No. 2-83, § 18, 2.10-83) Sec. -12.5-.44. Coastal high hazard areas. Coastal high hazard areas X zones) are located within the areas of special flood hazard estab- lished in section 12.5.7. These areas have special flood hazards associated with high velocity wa- § 12.5.44 IUORTH PALM BEACH ic.ODE ters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply: (1) Location of structures. All buildings.or:struc- tures shall be located landward of the -reach .of the mean high tide. (2) Construction methods. a. Elevation. All buildings or structures shall be elevated so that the lowest por- tion of the horizontal structural mem- bers, excluding pilings or columns, of the lowest floor is located no lower than the base flood elevation level or eight and five -tenths (8.5) feet above mean sea level whichever is higher, with all space below the lowest floor's sup- porting member open so as not to im- pede the flow of water, except for break- away walls as provided for in subsection (2)d. b. Structural support. 1. All buildings or structures shall be securely anchored on pilings or col- umns. 2. The pile or column foundation and the structure attached thereto shall be anchored to resist flota- tion, collapse and lateral move- ment due to effects of wind and water acting simultaneously on all building components. Wind and water loading values shall each have a one -percent chance of being equalled or exceeded in any given year (100 -year mean recurrence in- terval). 3. There shall be no fill used for struc- tural support. c. Certification. A state -registered engi- neer or architect shall develop the structural design, specifications and plans for the construction and shall cer- tify that the design and methods of con- struction to be used are in accordance with accepted standards of practice for meeting the provisions of this subsec- tion. d. Space below the lowest floor. 1. All new construction and substan- tial improvements shall have the 788 space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice -work, or insect screening. intended to col- lapse under wind and water loads without causing collapse, displace- ment, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resis- tance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway wall which exceed a design safe loading resistance of twenty (20) pounds per square foot may be per- mitted only if a state -registered professional engineer or architect certifies that the designs proposed meet the following conditions: (a) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (b) The elevated portion of the building and supporting foun- dation system shall not be sub- ject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simulta- neously on all building compo- nents (structural and non- structural). Maximum wind and water loading values to be used in this determination shall each have a one -percent chance of being equalled or ex- ceeded in any given year (100 - year mean recurrence inter- val). (c) Such enclosed space shall be usable solely for parking of ve- hicles, building access, or storage. (Ord. No. 2.83, § 19, 2-10-83; Ord. No. 1-87, § 1, 1-8-87) FLOOD DAMAGE PREVENTION § 12.5-47 Sec. 12.5.45. Sand dunes and mangrove stands. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. (Ord. No. 2-83, § 20, 2-10-83) Secs. 12.5.46, 12.5.47. Reserved., Editor's note—Section 4 of Ord. No. 1-87, adopted Jan. 8, 1987, deleted former §,§ 12.5.46 and 12.5.47 which pertained to standards for areas of shallow flooding and standards for small streams respectively..The:provisions of these former sec- tions derived. from Ord.No.. 2-83, §§ 21, 22, adopted Feb. 10, 1983. [The next page is 8391 789 Chapter 27 TREES AND SHRUBBERY* Art. I. In General, §§ 27.1-27-15 Art, II. Trees in Swale Areas, §§ 27.16-27.30 Art. III. Landscaping, §§ 27.31-27.67 Div. 1. Generally, §§ 27.31-27.48 Div. 2: Reserved, §§ 27-49-27.58 Div. 3. Requirements for Certain Yard Areas, Off -Street Parking and Other Vehicular Use Areas, §§ 27.59-27-67 '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. 1681 TREES AND SHRUBBERY (2) Where abutting property owners desire to share their parking lots, the require- ments of a perimeter hedge between the two (2) owners may be eliminated pro- vided that the gross area of landscaping which has been eliminated is placed else- where in the parking area, so that the total amount of landscaped area will not be lessened by eliminating the perimeter hedge. (Code 1970, § 41-19(6); Ord. No. 14-71, § 1; Ord. No. 2-81, § 10, 1-22-81) Sec. 27-65. Parking area interior landscap- ing. (a) Off-street parking areas shall have at least ten (10) square feet of landscaping located within the perimeter of the parking area for each park- - - ing space excluding those spaces abutting a pe- rimeter for which landscaping is required by other sections hereof. In addition, other vehicular use areas shall have one (1) square foot of land- scaped area for each one hundred (100) square feet or fraction thereof of paved area for the first fifty thousand (50,000) square feet excluding the first five thousand (5,000) square feet of paved area plus one square foot of landscaped area for each two hundred (200) square feet or fraction thereof of paved area for all paved area over fifty thousand (50,000) square feet; provided, however, in areas zoned for industrial use these require- ments shall be reduced by fifty (50) percent. Where the property contains both parking areas, and other vehicular use areas, the two (2) types of areas may be separated for the purposes of deter- mining the other vehicular use area by first multiplying the total number of parking spaces by four hundred (400) and subtracting the resulting figure from the total square footage of the paved area. Each separate landscaped area shall con- tain a minimum of fifty (50) square feet and shall have a minimum dimension of at least five (5) feet and shall include at least one (1) tree having a clear trunk of at least five (5) feet, with the remaining area adequately landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three (3) feet in height. The total number of trees shall be not less than one (1) for each one hundred (100) square feet or fraction Supp. No. 17 1689 § 27-66 thereof of required interior landscaped area. Such interior landscaped areas shall be located in such a manner as to divide and break up the expanse of paving. (b) In other vehicular use areas where the strict application of this section will seriously limit the function of such area, the required landscaping may be located near the perimeter of the paved area including such perimeters which may be adjacent to a building on the site. Such required interior landscaping which is relocated as herein provided shall be in addition to the perimeter landscaping requirements. (c) The front of a vehicle may encroach upon any interior landscaped area when such area is at least three and one-half (31/2) feet in depth per abutting parking space and protected by wheel stops or curbing. Two (2) feet of such landscaped area may be part of the required depth of each abutting parking space. (Code 1970, § 41-19(7); Ord. No. 14-71, § 1; Ord. No. 2-81, §§ 11, 12, 1-22-81) Sec. 27-66. Sight distance for landscaping adjacent to public rights-of-way and points of access. At any place within the corporate limits of the village, when an alley, service lane, service road or private driveway intersects a public right-of- way or when the subject property abuts the inter- section of two (2) or more public rights-of-way, the landscaping or any solid installation within the triangular areas described below shall provide unobstructed cross -visibility at a level between three (3) feet and six (6) feet; provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross -visibility area shall. be, allowed, provided they are so located so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be located closer than three (3) feet from the edge of any accessway pavement. The triangular areas above referred to are: (1) The areas of property on both sides of an alley, service lane, service road or private driveway formed by the intersection of each side of the alley, service lane, service § 27-66 NORTH PALM BEACH CODE road or private driveway and the public right-of-way line with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides. (2) The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being thirty (30) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. (Code 1970, § 41-19(8); Ord. No. 14-71, § 1; Ord. No. 22-77, § 1, 12-8-77; Ord. No. 2-81, § 13, 1-22-81) Sec. 27-67. Existing plant material. In instances where healthy plant material ex- ists on a site prior to its development in part or whole, for the purpose of off-street parking or other vehicular use areas, the building official may adjust the application of the above men- tioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of this article. (Code 1970, § 41-19(9); Ord. No. 14-71, § 1; Ord. No. 2-81, § 5, 1-22-81) [The next page is 17391 Supp. No. 17 1690 CODE COMPARATIVE TABLE [The next page is 29331 Supp. No. 65 2895 Adoption Section Ord. No. Date Section this Code 2014-13 12-11-14 2 Added Ch. 6, Art. IV, §§ 6- 72-6-86 2014-14 12-11-14 2 2-4 2015-03 3-12-15 2 Added Ch. 17, Art. VIII, §§ 17-81-17-94 2015-04 4- 9-15 2 Added 19-12 2015-05 4- 9-15 2 2-159(b) 3 2-163(a)(1) 2015-07 4-23-15 2 14-30(4) 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 II.A.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. II, Divs. 1, 2, §§ 24-16-26- 20, 26-28, 26-29 Added Ch. 24, Art. II, §§ 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 [The next page is 29331 Supp. No. 65 2895 CODEINDEX Supp. No: 65 2937 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 Generali 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 ........ Pro P Y ................ 14-79 et se q• Minimum design requirements ..... 5-83 Anchoring and mooring Variances ......................... 5-86 Mooring limitations in lagoons (private Erosion control structures docks) .......................... 5-16 Construction ...................... 5-95 Unlawfully anchored or moored vessels Control ........................... 5-96 Claiming of vessel 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: 65 2937 NORTH PALM BEACH CODE Supp. No. 65 2938 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 Te•••••••.••••• ............•••• 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 Code enforcement, applicability re....... 2-173 districts ........................... 5-14 Searchlights, use of ..................... 5-7 Codes Appearance code. See herein that subject Speed limits; wakes ..................... 5-2 Building code ........................ 6-17 Subdivision provisions re waterways..... 36-22 et seq. Electrical code ....................... 11-11, 11-12 Seer SUBDIVISIONS (Appendix B) Fire prevention code ................. 12-16 et seq. Swimming in restricted waters .......... 5-3 Housing code ........................ 15-1, 15-2 Water skiing ........................... 5-5 Country club ........................... 9-1 et seq. Waterways board ....................... 5-102 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 Minimum construction standards Communcations, services Authority.... ........................ 6-16 Construction bond ................... 29-14 Codes adopted ............... .. 6-17 Finance director, duties re .............. 2-59(7) and Construction board of adjustmeentnt a Village manager ........................ 2-117 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(g) 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 Violations and penalty ............... 6-19 Inspection ........................... 6-75 Missiles, throwing ...................... 19-83 Lien, imposition of ................... 6-84 Obstructing passageway ................ 19-47 Performance of work ................. 6-82 Outdoor displays. See herein: Signs and Placard posting ...................... 6-78 Outdoor Displays Provisions supplemental .............. 6-86 Park and recreation facilities; erecting Purpose and scope ................... 6-72 buildings or structures............. 20-3 Recovery of costs ..................... 6-83 Public land, construction on prohibited .. 6-1 Service of notice of violation .......... 6-77 Signs and outdoors displays ............. 6-110 et seq. Unsafe or unsanitary buildings and See: SIGNS AND BILLBOARDS structures ...................... 6-73 Smoke, dust, odors, liquids, etc.......... 19-9 Violations ........................... 6-76 Spitting in public places prohibited...... 19-5 Supp. No. 65 2938 CODE INDEX Section Section EXCAVATIONS FINES, FORFEITURES AND OTHER Bulkhead lines ......................... 7-1 et seq. PENALTIES (Cont'd.) See: BULKHEAD LINES Code of ordinances, provisions re general Stormwater management ............... 21-61 et seq, penalty, continuing violations, and See: STORMWATER MANAGEMENT prosecution costs .................. 1-8 Parking violation ....................... 18-37,18-38 EXCRETA Pension and certain other benefits for fire Dog waste, removal provisions re ........ 4-31,4-32 and police employees Board of trustees for; forfeiture of F membership on board for absentee- FENCES, WALLS, HEDGES AND ism ............................. Contributions; forfeitures ............. 2-164(b) 2-163(d) ENCLOSURES Landscaping ........................... 27-31 et seq. FIRE PREVENTION AND PROTECTION See: LANDSCAPING Barbecue grills and similar cooking devices 19-10 Swimming pool requirements............ 25-5 Code enforcement, applicability re ....... 2-173 FINANCES Fire rescue department ................. 2-81 et seq. 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 Emergency management Volunteer firefighters, length of service Exempt employee emergency duty award plan for .................... 2-170 et seq. Compensation ..................... 8-31 See: PENSIONS AND RETIREMENT Investment policy of the village ......... 2-4 Pensions and retirement. See also that FIRE RESCUE DEPARTMENT subject Composition ............................ 2-83 Length of service award plan for Emergency medical services ............. 11.5-21 et seq. volunteer firefighters............ 2-170 et seq. See: EMERGENCIES Pension and certain other benefits for Fire chiefs duties ....................... 2-81 fire and police employees ........ 2-159 et seq. Functions .............................. 2-82 Pension and certain other benefits for Disaster response .................... 2-82(6) general employees .............. 2-146 et seq. Emergency medical services .......... 2-82(5) Planning and development; filing fees and Fire fighting ......................... 2-82(3) cost for changes ................... 21-1,21-2 Fire prevention ...................... 2-82(4) Social security .......................... 2-136 et seq. Maintain equipment ................. 2-82(2) See: SOCIAL SECURITY Report losses ........................ 2-82(1) Taxation. See that subject Interference with police and fire rescue Village manager ........................ 2-118 department telephone trunk lines prohibited ......................... 19-215 FINES, FORFEITURES AND OTHER PENALTIES FIREARMS AND WEAPONS Code enforcement; fines and liens ....... 2-178 Concealed weapons, carrying ............ 19-184 Supp. No. 65 2943 NORTH PALM BEACH CODE Supp. No. 65 2944 Section Section FIREARMS AND WEAPONS (Cont'd.) G Forfeiture; disposition ................... 19-186 Possession ............................. 19-183 GAMBLING Sales restricted Animals, causing to fight ................ 4-8 Record of sales required .............. 19-185(c) Simulated gambling devices............. 17-40 et seq. Specified weapons, display and sale of. 19-185(b) See: SIMULATED GAMBLING Switchblade knives prohibited ........ 19-185(a) DEVICES Stench bombs prohibited :............... 19-82 GARAGE AND OTHER SALES See: STENCH BOMBS Garage sales ........................... 17-61 FLOOD DAMAGE PREVENTION Permit required ........................ 17-62 Abrogation and greater restrictions ...... 12.5-8 Violations and penalties ................ 17-63 Areas of special flood hazard GARBAGE AND TRASH Basis for establishment ............... 12.5-7 Abatement of public nuisances on private Warnings regarding designations ..... 12.5-10 property .......................... 14-79 et seq. Building official See: NUISANCES Designated as flood damage control Boats; refuse disposal ................... 5-12 administrator........ .......... 12.5-21 Garbage collection and disposal Duties and responsibilities ........... 12.5-23 Definitions 12.5-5 Charges ............................. Development permit Commercial use property waste disposal fees and collection q .. Required ...r ............. 5-22 112.5-2 procedures. 14-30 Findings of fact Flood hazard reduction rov..........•.. p amounts Fee for excess amounts from com- Coastal high hazard areas ............ 12.5-44 mercial establishments ....... 14-28 General standards Generally ......................... 14-27 Anchorin ........ 12.5-41(1) When and where paid .............. 14-29 Construction materials and methods 12.5-41(2) Definition ........................... 14-23 Enclosures below lowest floor ...... 12.5-41(6) Frequency of collection ............... 14-26 Mechanical and utility equipment .. 12.5-41(5) Garbage cans Subdivision proposals .......:...... 12.5-41(4) Kept covered...................... 14-25 Utilities ........................... 12.5-41(3) Required.......................... 14-24 Regulatory floodways................. 12.5-43 Landscaping; refuse container areas ..... 27-41 Sand dunes and mangrove stands..... 12.5-45 Public works department Specific standards Refuse disposal division .............. 2-85(2) Nonresidential construction ........ 12.5-42(2) Residential construction ........... 12.5-42(1) GATHERINGS. See: ASSEMBLIES Interpretation .......................... 12.5-9 GENDER Lands to which provisions applies ....... 12.5-6 Definitions and rules of construction..... 1-2 Methods of reducing flood losses......... 12.5-4 Noncompliance, penalties for ............ 12.5-11 GOLF ADVISORY BOARD Statement of purpose and objectives ..... 12.5-3 Composition and terms ................. 9-17 Statutory authorization ................. 12.5-1 Composition ......................... 9-17(a) Variance procedure ..................... 12.5-24 Officers.............................. 9-17(c) FLORIDA, STATE OF. See: STATE Terms ............................... 9-17(b) Creation ........................... 9-16 FOLLOWING, PRECEDING Duties ................................. Definitions and rules of construction..... 1-2 Meetings ............................... 9-18 FOOD AND FOOD PREPARATION GUNS. See: FIREARMS AND WEAPONS Barbecue grills and similar cooking devices 19-10 FORFEITURES. See: FINES, H FORFEITURES AND OTHER PENAL- TIES HANDBILLS Distribution restricted .................. 19-7 FOWL. See: ANIMALS AND FOWL HANDGUNS. See: FIREARMS AND FRANCHISES WEAPONS Enumerated. See Appendix D Use of rights-of-way for utilities ......... 28-1 et seq. HANDICAPPED PERSONS. See: DISABLED See: UTILITIES AND HANDICAPPED PERSONS Supp. No. 65 2944 CODEINDEX Section Section HAZARDOUS SUBSTANCES I Recovery of costs for cleanup, abatement and removal........... ....... 12-101 et seq. IMPERSONATION See: FIRE PREVENTION AND Impersonating police officer; fireman or PROTECTION other village official ............... 19-8 IMPOUNDMENT HEALTH AND SANITATION Boats, docks and waterways; unlawfully Abatement of public nuisances on private anchored or moored vessels property.......................... 14-79 et seq. Department of law enforcement to See: NUISANCES impound ......................... 5-19 Animals and fowl, provisions re .......... 4-11 et seq. Owner to be notified upon impound - See: ANIMALS AND FOWL ment ........................... 5-20,5-21 Bathing regulations Dogs and cats .......................... 4-30 Diseased persons prohibited from bath- ing in public pool, etc............ 19-3 INDECENCY AND OBSCENITY Boats, docks, etc., provisions re.......... 5-10 et seq. Adult entertainment establishments Seer BOATS, DOCKS AND Zoning regulations re. See: ZONING WATERWAYS (Appendix C) Code enforcement, applicability re ....... 2-173 Alcoholic beverage establishments; nudity, Garbage and trash ...................... 14-23 et seq. partial nudity, sexual conduct See: GARBAGE AND TRASH prohibited ......................... 3-4 Park and recreation facilities; failure to Topless costumes ....................... 19-64 cooperate in keeping restrooms neat Vulgar language ........................ 19-65 or sanitary ........................ 20-2 Window peeping........................ 19-66 Rabies control .......................... 4-42 et seq. INSURANCE EXCISE TAXES See: ANIMALS AND FOWL Casualty insurance premiums........... 26-16 HEDGES. See: FENCES, WALLS, HEDGES Property insurance premiums ........... 26-17 AND ENCLOSURES INTRACOASTAL WATERWAY Marine sanctuary, designation as ........ 5-101 HITCHHIKING Prohibitions ............................ 19-6 INVESTMENTS Investment policy of the village ......... 2-4 HOME OCCUPATIONS Customer service requirements and J performance standards ............. 17-2 Definitions ............................. 17-3(b) JOINT AUTHORITY Effective date .......................... 17-36) Definitions and rules of construction..... 1-2 Local business tax. See also that subject Generally......... ................ 17-16 et seq. K Home occupation provisions Affidavit of applicant required...... 17-3(e) KNIVES. See: FIREARMS AND WEAPONS Appeals ........................... 17-3(g) Requirement of business tax receipt 17-3(c) L Permitted uses, home occupations as .... 17-3(a) Repeal of ordinances .................... 17-3(h) LAKE WORTH Standards .............................. 17-3(d) Marine sanctuary, designation as........ 5-101 Violation of standards or conditions deemed Regulations governing construction of a Code violation ................... 17-3(f) docks, piers in Lake Worth and Atlantic Ocean .................... 5-85 HOUSING LAND Abandoned real property ................ 15-11 et seq. Buildings; construction on public land See: PROPERTY prohibited ......................... 6-1 Boats, docks and waterways Planning and development .............. 21-01 et seq. Live aboard boats .................... 5-15, 5-25 See: PLANNING AND DEVELOPMENT Subdivision regulations .........:....... 36-1 et seq. HOUSING CODE See: SUBDIVISIONS (Appendix B) Adopted by reference ................... 15-1 Amendments ........................... 15-2 LANDSCAPING Code enforcement, applicability re ....... 2-173 Accessways ............................. 27-36 Supp. No. 65 2945 NORTH PALM BEACH CODE Supp. No. 65 2946 Section Section LANDSCAPING (Cont'd.) LIBRARY (Cont'd.) Appearance plan (Appendix A). See that Library board subject Appointment ......................... 16-17 Application of provisions; enforcement ... 27-33 Compensation, service without........ 16-20 Certain yard areas, off-street parking and Composition ......................... 16-17 other vehicular use areas Established .......................... 16-16 Existing plant material ............... 27-67 Meetings ............................ 16-23 Installation .......................... 27-60 Organization......................... 16-21 Maintenance ......................... 27-61 Powers and duties.................... 16-22 Parking area interior landscaping..... 27-65 Qualifications ........................ 16-19 Perimeter landscaping relating to abut- Removal from office .................. 16-24 ting properties .................. 27-64 Term of office........................ 16-17 Plant material Vacancies ............................ 16-18 Ground covers..................... 27-62(e) LICENSES AND PERMITS Lawn grass ....................... 27-62(f) Alarm permit .......................... 19-208 et seq. Quality ........................... 27-62(a) Shrubs and hedges ................ 27-62(c) See: ALARMS Tree species.. ..................... 27-62(b) Boat launching area permits............ 5-34 Vines 27-62(d) Bulkhead lines; filling permit ........... 7-16 et seq. ..cies ....................... Required landscaping adjacent to public See: BULKHEAD LINES rights-of-way g y • • ' • . ' ' ' . . ' ' ' ' • • ' • ' 27-63 Bulkheads and seawalls ................. 5-72 Scope, applicability ................... 27-59 Code enforcement, applicability re ....... 2-173 Sight distance adjacent to public rights- Communications services of -way and points of access ...... 27-66 Suspension or denial of permits ....... 29-7 Certificate of completion ................ 27-35 Community development department Code enforcement, applicability re....... 2-173 Permits and inspections .............. 2-112(1) Completed landscaping required for C Driveways. See herein: Sidewalk and certificate of use and occupancy .... 27-37 Driveway Permits Emergency medical services............. 11.5-21 Definitions ............................. 27-31 Flood damage prevention development Improved nonresidential properties in permit ............................ ................... 1 existence on September 23, 1971 related sales that ......... 17-22 17-62 Applicable requirements .............. 27-40(b) a also Home occupations. See also that subject HomeGarage, cu Exceptions ........................... 27-40(c) Generali ........ Y" " " " " " " 17-16 et se q' Objectives ........................... 27-40(a) f Business tax receipt for home occupa- e e Planning commission, submission of tions 17-3(c) et seq. plans to ......... ......... 27-40(d) ......................... Park and recreation facilities; meeting Objectives ....:.......................... 27-32 and gathering permits ............. 20-31 et seq. Off-street parking landscape manual .... 27-38 See: PARKS, PLAYGROUNDS AND Plot use plan approval prerequisite to RECREATION issuance of permits for building and Peddlers and solicitors permit ........... 17-83 et seq. paving ............................ Refuse container areas 27-37 27-41 See: PEDDLERS AND SOLICITORS .................. ScoScope; applicability P Y ••••••••••••••••••••• 27-34 Seawalls. See herein: Bulkheads and Zoning ordinance, conflict with .......... 27-39 Seawalls Sidewalk and driveway permits ......... 24-55 et seq. LAW ENFORCEMENT, DEPARTMENT OF See: STREETS, SIDEWALKS AND (POLICE DEPARTMENT) PUBLIC PLACES Boats, docks and waterways; unlawfully Street excavation permits ............... 24-28, 24-29 anchored or moored vessels Swimming pool permits ................. 25-3 Department of law enforcement to Utilities impound ........................ 5-19 Use of rights-of-way for utilities; writ - Chief of police's duties .................. 2-75 ten permit ...................... 28-2, 28-3 Composition ............................ 2-76 LOCAL BUSINESS TAX Generally ............................ 2-76(a) Regulations enumerated ................ 17-16 et seq. Operations division .................. 2-76(b) See: BUSINESS REGULATIONS Operations support division........... 2-76(c) LODGING LIBRARY Unauthorized lodging and camping ...... 19-11 Damaging property unlawful ............ 16-1 Department of library LOGO Librarian ............................ 2-93 Village logo ............................ 1-10 Supp. No. 65 2946