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Code of Ordinances Supplement 67 SUPPLEMENT NO.67 January 2018 CODE OF ORDINANCES Village of NORTH PALM BEACH,FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No.2017-24,adopted December 14,2017. See the Code Comparative Table for further information. Remove Old Pages Insert New Pages xi—xvi xi—xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:3 SH:3 617, 618 617, 618 725-727 725-727 945-951 945-956 2479-2486 2479-2486.1 2488.7, 2488.8 2488.7-2488.11 2512.1-2512.2.2 2512.1-2512.2.3 2512.9, 2512.10 2512.9, 2512.10 2517-2524 2517-2524.1 2529-2533 2529-2533 2895 2895, 2896 2937-2960 2937-2964 Insert and maintain this instruction sheet in front of this publication.File removed pages for reference. unicode Municipal Code Corporation I P.O.Box 2235 Tallahassee, FL 32316 info@municode.com 1800.262.2633 www.municode.com TABLE OF CONTENTS Page Officials of the Village. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii Preface. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v Adopting Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii Readopting Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xJ Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [I] Supplement History Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SH:I PART I CHARTER Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Art. I. Corporate Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Art. I.A. Vision Statement . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Art. 11. Territorial Boundaries. . . . . . . . . . . . . . . . . . . . . . . 5 Art. 111. Legislative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 Art. IV. Administrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Art. V. Qualifications and Elections. . . . . . . . . . . . . . . . . . 17 Art. VI. Transition Schedule . . . . . . . . . . . . . . . . . . . . . . . . 18 Charter Comparative Table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 PART CODE OF ORDINANCES Chapter 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 2. Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134.3 Art. 11. Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.7 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.7 Div. 2. Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . 138.8 Art. 111. Administrative Code . . . . . . . . . . . . . . . . . . . . . . . 138.8 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.8 Div. 2. Audit Committee . . . . . . . . . . . . . . . . . . . . . . . . 139 Div. 3. Department of Finance . . . . . . . . . . . . . . . . . . 140 Div. 4. Department of Records . . . . . . . . . . . . . . . . . . 141 Div. 5. Police Department. . . . . . . . . . . . . . . . . . . . . . . 142 Div. 6. Fire Rescue Department . . . . . . . . . . . . . . . . . 142.1 Div. 7. Department of Public Works . . . . . . . . . . . . . 142.1 Div. 8. Department of Library. . . . . . . . . . . . . . . . . . . 142.2 Div. 9. Department of Country Club. . . . . . . . . . . . . 143 Div. 10. Department of Recreation. . . . . . . . . . . . . . . 143 Div. 11. Department of Community Development. 143 Supp. No. 67 xi NORTH PALM BEACH CODE Chapter Page Art. IV. Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Art. V. Pensions and Retirement Systems. . . . . . . . . . . . 144 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Div. 2. Social Security . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Div. 3. Pension and Certain Other Benefits for General Employees. . . . . . . . . . . . . . . . . . . . . . 145 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees . . . . . . . . . . . . . . . 152.3 Div. 5. Length of Service Award Plan for Volunteer Firefighters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Div. 6. ICMA Defined Contribution Pension Plan. 164.1 Art. VI. Code Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . 164.2 Art. VII. Alternate Method of Code Enforcement. . . . . 169 3. Alcoholic Beverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 4. Animals and Fowl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 Art. 11. Dogs and Cats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 Art. 111. Rabies Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 5. Boats, Docks and Waterways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321 Art. 11. Boat Launching Area . . . . . . . . . . . . . . . . . . . . . . . 326 Art. 111. Construction Requirements. . . . . . . . . . . . . . . . . 326.1 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326.1 Div. 2. Canals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326.1 Div. 3. Bulkheads and Seawalls . . . . . . . . . . . . . . . . . 327 Div. 4. Docks and Piers. . . . . . . . . . . . . . . . . . . . . . . . . 328 Div. 5. Erosion Control Structures. . . . . . . . . . . . . . . 333 Art. IV. Marine Sanctuaries. . . . . . . . . . . . . . . . . . . . . . . . . 333 Art. V. Waterways Board . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 6. Buildings and Building Regulations . . . . . . . . . . . . . . . . . . . . . . 381 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383 Art. 11. Minimum Construction Standards . . . . . . . . . . . 383 Art. 111. Appearance Code . . . . . . . . . . . . . . . . . . . . . . . . . . 386 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386 Div. 2. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387 Div. 3. Certificate of Appropriateness. . . . . . . . . . . . 387 Art. IV. Abatement of Unsafe or Unsanitary Buildings 388 Art. V. Signs and Outdoor Displays. . . . . . . . . . . . . . . . . . 392.1 Art. VI. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 Art. VII. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 7. Bulkhead Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 Art. 11. Filling Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 8. Emergency Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509 Art. 11. Civil Disorders and Disturbances . . . . . . . . . . . . 510 Supp. No. 67 xii TABLE OF CONTENTS—Cont'd. Chapter Page Art. 111. Exempt Employee Emergency Duty . . . . . . . . . 511 9. Country Club . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 559 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561 Art. 11. Golf Advisory Board . . . . . . . . . . . . . . . . . . . . . . . . 562 Art. 111. Finances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 563 10. Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617 Art. 11. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 Art. 111. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 Art. IV. Polling Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 11. Electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 671 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 673 Art. 11. Electrical Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 673 11.5. Emergency Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697 Art. 11. Emergency Medical Services. . . . . . . . . . . . . . . . . 697 12. Fire Prevention and Protection. . . . . . . . . . . . . . . . . . . . . . . . . . 723 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 725 Art. 11. Florida Fire Prevention Code. . . . . . . . . . . . . . . . 725 Art. 111. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 726 Art. IV. Recovery of Costs for Cleanup,Abatement and Removal of Hazardous Substances. . . . . . . . . . . 726 12.5. Flood Damage Prevention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 777 Art. I. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 779 Art. 11. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789 Art. 111. Flood Resistant Development. . . . . . . . . . . . . . . 794 13. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 839 14. Health and Sanitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 889 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 891 Art. 11. Garbage, Trash and Refuse. . . . . . . . . . . . . . . . . . 891 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 891 Div. 2. Garbage Collection and Disposal . . . . . . . . . 891 Div. 3. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893 Art. 111. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894 Art. IV. Abatement of Public Nuisances on Private Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894 15. Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 945 Art. I. Property Maintenance Standards. . . . . . . . . . . . . 947 Art. 11. Abandoned Real Property . . . . . . . . . . . . . . . . . . . 951 Art. 111. Minimum Housing Standards. . . . . . . . . . . . . . . 953 16. Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 997 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 999 Art. 11. Library Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 999 Supp. No. 67 xiii NORTH PALM BEACH CODE Chapter Page 17. Licenses and Miscellaneous Business Regulations. . . . . . . . 1051 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1053 Art. 11. Local Business Tax . . . . . . . . . . . . . . . . . . . . . . . . . 1057 Art. 111. Businesses Located Outside Village Limits . . 1060.4 Art. IV. Simulated Gambling Devices. . . . . . . . . . . . . . . . 1063 Art. V. Ambulances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1065 Art. VI. Garage and Other Sales . . . . . . . . . . . . . . . . . . . . 1066 Art. VII. Business Advisory Board . . . . . . . . . . . . . . . . . . 1066 Art. VIII. Peddlers and Solicitors. . . . . . . . . . . . . . . . . . . . 1067 17.5 Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1121 18. Motor Vehicles and Traffic. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1171 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1173 Art. 11. Operation of Vehicles Generally . . . . . . . . . . . . . 1173 Art. 111. Stopping, Standing and Parking . . . . . . . . . . . . 1174 19. Offenses and Miscellaneous Provisions . . . . . . . . . . . . . . . . . . 1225 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1227 Art. 11. Sexual Offenders and Sexual Predators . . . . . . 1230 Art. 111. Offenses Against Property. . . . . . . . . . . . . . . . . . 1230 Art. IV. Offenses Against Public Morals . . . . . . . . . . . . . 1230 Art. V. Offenses Against Public Peace . . . . . . . . . . . . . . . 1231 Art. VI. Noise Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1231 Art. VII. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1234 Art. VIII. Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1234 Art. IX. Water Shortage Emergencies . . . . . . . . . . . . . . . 1237 Art. X. Alarms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1238 Art. XI. Wellfield Protection . . . . . . . . . . . . . . . . . . . . . . . . 1242 20. Parks, Playgrounds and Recreation. . . . . . . . . . . . . . . . . . . . . . 1289 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1291 Art. 11. Meetings and Gatherings. . . . . . . . . . . . . . . . . . . . 1292 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1292 Div. 2. Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1292 Art. 111. Recreation Advisory Board . . . . . . . . . . . . . . . . . 1293 21. Planning and Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1343 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1345 Art. 11. Planning Commission. . . . . . . . . . . . . . . . . . . . . . . 1347 Art. 111. Board of Adjustment . . . . . . . . . . . . . . . . . . . . . . . 1348 Art. IV. Concurrency Management . . . . . . . . . . . . . . . . . . 1350 Art. V. Stormwater Management. . . . . . . . . . . . . . . . . . . . 1363 Art. VI. Archaeological Site Protection Regulations. . . 1366.1 22. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1411 23. Police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1463 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465 Art. 11. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465 Art. 111. Reserve Force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465 24. Streets, Sidewalks and Public Places . . . . . . . . . . . . . . . . . . . . 1517 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1519 Supp. No. 67 xiv TABLE OF CONTENTS—Cont'd. Chapter Page Art. 11. Work Performed Within Rights-of-Way . . . . . . . 1519 Art. 111. Sidewalks and Driveways . . . . . . . . . . . . . . . . . . 1520.3 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1520.3 Div. 2. Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523 25. Swimming Pools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1573 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1575 Art. 11. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1575 Art. 111. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1576 26. Taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1627 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1629 Art. 11. Insurance Excise Taxes . . . . . . . . . . . . . . . . . . . . . 1629 Art. 111. Utility Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1629 Art. IV. Telecommunications Service Tax . . . . . . . . . . . . 1630 27. Trees and Shrubbery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1681 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1683 Art. 11. Trees in Swale Areas . . . . . . . . . . . . . . . . . . . . . . . 1683 Art. 111. Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1684 Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1684 Div. 2. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1686 Div. 3. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1686 Art. IV. Fertilizer-Friendly Use Ordinance . . . . . . . . . . . 1690 28. Use of Rights-of-Way for Utilities . . . . . . . . . . . . . . . . . . . . . . . 1739 29. Communications Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1781 Appendices A. Appearance Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2043 B. Subdivisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2353 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2355 Art. 11. Procedures for Subdivision Plat Approval . . . . 2358 Art. 111. Design Standards. . . . . . . . . . . . . . . . . . . . . . . . . . 2365 Art. IV. Required Improvements . . . . . . . . . . . . . . . . . . . . 2368.1 Art. V. Enforcement Provisions. . . . . . . . . . . . . . . . . . . . . . 2372 Art. VI. Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2378 Art. VII. Legal Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2379 C. Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2479 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2481 Art. 11. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2486 Art. 111. District Regulations. . . . . . . . . . . . . . . . . . . . . . . . 2488.10 Arts. IV, V. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2529 Art. VI. Amendments—Fees; Waiting Periods . . . . . . . . 2529 Art. VII. Nonconforming Uses of Land and Structures 2530 D. Franchises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2619 Supp. No. 67 xv NORTH PALM BEACH CODE Page Statutory Reference Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2819 Code Comparative Table-1970 Code. . . . . . . . . . . . . . . . . . . . . . . . . 2869 Code Comparative Table—Laws of Florida. . . . . . . . . . . . . . . . . . . . 2873 Code Comparative Table—Ordinances. . . . . . . . . . . . . . . . . . . . . . . . 2875 Charter Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2933 Code Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2935 Supp. No. 67 xvi Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service,this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp.No. Page No. Supp.No. Title Page 64 12.1 61 in 1 13, 14 25 V,vi OC 15, 16 33 vii,viii OC 16.1 33 ix OC 17, 18 25 x.i,x.ii 1 19 25 X.111 1 65 61 xi,xii 67 77 OC xin,xiv 67 79, 80 OC xv,xvl 67 81, 82 58 SH:1, SH:2 63 83 58 SH:3 67 133, 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.67 NORTH PALM BEACH CODE Page No. Supp.No. Page No. Supp.No. 139, 140 34 326.1, 326.2 63 141, 142 62 327, 328 27 142.1, 142.2 62 329, 330 58 143, 144 52 331, 332 58 144.1 52 332.1 58 145, 146 47 333, 334 45 147, 148 47 335 45 149, 150 47 381, 382 66 151, 152 65 383, 384 53 152.1, 152.2 65 385, 386 66 152.2.1 65 386.1 66 152.3, 152.4 47 387, 388 60 152.5, 152.6 60 389, 390 60 153, 154 61 391, 392 60 154.1 61 392.1, 392.2 60 155, 156 46 392.3, 392.4 60 157, 158 52 392.5 60 159, 160 61 393, 394 56 160.1, 160.2 61 395, 396 56 161, 162 46 397, 398 56 162.1, 162.2 46 398.1 56 163, 164 52 398.15, 398.16 40 164.1, 164.2 65 399,400 53 164.3 65 401 53 165, 166 48 453 OC 167, 168 48 455,456 22 169, 170 48 507 57 211 OC 509, 510 57 213,214 19 511, 512 57 263 59 559 36 265,266 59 561, 562 52 266.1 59 563 40 267,268 52 615 36 269 52 617, 618 67 319, 320 63 671 2 321, 322 63 673 24 323, 324 63 695 13 325, 326 63 697 52 [2] Supp.No.67 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 723 52 1060.5 43 725, 726 67 1061, 1062 8 727 67 1063, 1064 54 777 66 1065, 1066 54 779, 780 66 1067, 1068 61 781, 782 66 1069, 1070 61 783, 784 66 1121 OC 785, 786 66 1171 65 787, 788 66 1173, 1174 65 789, 790 66 1175, 1176 65 791, 792 66 1177, 1178 65 793, 794 66 1179, 1180 65 795, 796 66 1225 61 797, 798 66 1227, 1228 61 799 66 1229, 1230 63 839 OC 1231, 1232 63 889 39 1233, 1234 63 891, 892 61 1235 63 893, 894 52 1237, 1238 52 895 50 1239, 1240 52 945 67 1241, 1242 52 947, 948 67 1289 52 949, 950 67 1291, 1292 52 951, 952 67 1293, 1294 29 953, 954 67 1295 29 955, 956 67 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 [3] Supp.No.67 NORTH PALM BEACH CODE Page No. Supp.No. Page No. Supp.No. 1363, 1364 52 1797, 1798 65 1364.1 52 1799 65 1365, 1366 33 2043 OC 1366.1, 1366.2 52 2045,2046 62 1366.3, 1366.4 33 2046.1 62 1367 5 2047,2048 OC 1411 OC 2049,2050 OC 1463 OC 2051,2052 OC 1465, 1466 52 2053 OC 1517 64 2353 OC 1519, 1520 64 2355,2356 OC 1520.1, 1520.2 64 2357,2358 33 1520.3, 1520.4 64 2359,2360 33 1521, 1522 47 2361,2362 33 1523 47 2363,2364 33 1573 24 2364.1 33 1575, 1576 29 2365,2366 OC 1627 9 2367,2368 37 1629, 1630 27 2368.1 37 1631 27 2369,2370 OC 1681, 1682 66 2371,2372 OC 1683, 1684 33 2373,2374 33 1684.1, 1684.2 24 2375,2376 33 1685, 1686 OC 2377,2378 33 1687, 1688 17 2379 67 1689, 1690 66 2479,2480 67 1691, 1692 66 2481,2482 67 1693, 1694 66 2483,2484 67 1739 14 2485,2486 67 1741, 1742 21 2486.1 67 1781 65 2487,2488 62 1783, 1784 65 2488.1,2488.2 62 1785, 1786 65 2488.3,2488.4 62 1787, 1788 65 2488.5,2488.6 62 1789, 1790 65 2488.7,2488.8 67 1791, 1792 65 2488.9,2488.10 67 1793, 1794 65 2488.11 67 1795, 1796 65 2489,2490 59 [4] Supp.No.67 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 2491,2492 59 2510.41,2510.42 25,Add. 2493,2494 59 2510.43,2510.44 25,Add. 2495,2496 59 2510.45,2510.46 25,Add. 2497,2498 59 2510.47,2510.48 25,Add. 2499,2500 59 2510.49,2510.50 25,Add. 2501,2502 59 2510.51,2510.52 25,Add. 2503,2504 62 2510.53,2510.54 25,Add. 2504.1,2504.2 62 2510.55,2510.56 25,Add. 2504.2.1 62 2511,2512 57 2504.3,2504.4 59 2512.1,2512.2 67 2504.5,2504.6 59 2512.2.1,2512.2.2 67 2504.7,2504.8 59 2512.2.3 67 2505,2506 10 2512.3,2512.4 49 2507,2508 13 2512.5,2512.6 50 2509,2510 62 2512.7,2512.8 51 2510.1,2510.2 62 2512.9,2512.10 67 2510.2.1 62 2512.10.1 63 2510.3,2510.4 54 2512.11,2512.12 51 2510.5,2510.6 54 2512.13 51 2510.7,2510.8 54 2513,2514 OC 2510.9,2510.10 54 2515,2516 62 2510.11,2510.12 54 2517,2518 67 2510.12.1,2510.12.2 54 2519,2520 67 2510.12.3 54 2521,2522 67 2510.13,2510.14 25,Add. 2523,2524 67 2510.15,2510.16 25,Add. 2524.1 67 2510.17,2510.18 25,Add. 2525,2526 62 2510.19,2510.20 25,Add. 2527,2528 62 2510.21,2510.22 25,Add. 2529,2530 67 2510.23,2510.24 51 2531,2532 67 2510.25,2510.26 25,Add. 2533 67 2510.27,2510.28 25,Add. 2619 48 2510.29,2510.30 25,Add. 2819,2820 63 2510.31,2510.32 25,Add. 2869,2870 OC 2510.33,2510.34 25,Add. 2871 OC 2510.35,2510.36 51 2873 OC 2510.37,2510.38 25,Add. 2875,2876 OC 2510.39,2510.40 25,Add. 2877,2878 OC [5] Supp.No.67 NORTH PALM BEACH CODE Page No. Supp.No. 2879,2880 OC 2881,2882 14 2883,2884 14 2885,2886 19 2887,2888 25,Add. 2889,2890 33 2891,2892 51 2893,2894 60 2895,2896 67 2933,2934 25 2935,2936 65 2937,2938 67 2939,2940 67 2941,2942 67 2943,2944 67 2945,2946 67 2947,2948 67 2949,2950 67 2951,2952 67 2953,2954 67 2955,2956 67 2957,2958 67 2959 67 2961,2962 67 2963,2964 67 [6] Supp.No.67 SUPPLEMENT HISTORY TABLE Date Included/ Ord, No, Adopted Omitted Supp, No, 2015-15 9-24-15 Omitted 63 2015-16 9-24-15 Omitted 63 2015-17 1-14-16 Omitted 63 2015-18 9-24-15 Omitted 63 2015-19 11-12-15 Included 63 2015-20 11-12-15 Included 63 2015-21 12-10-15 Omitted 63 2015-22 12-10-15 Included 63 2016-02 1-14-16 Omitted 63 2016-03 1-14-16 Omitted 63 2016-01 4-28-16 Omitted 64 2016-04 1-28-16 Omitted 64 2016-05 3-24-16 Omitted 64 2016-06 5-12-16 Included 64 2016-25(Res.) 5-12-16 Omitted 64 2016-07 9- 8-16 Included 65 2016-08 9-22-16 Omitted 65 2016-09 9-22-16 Omitted 65 2016-10 11-10-16 Omitted 65 2016-11 12- 8-16 Omitted 65 2017-01 1-12-17 Omitted 65 2017-02 1-12-17 Included 65 2017-03 1-26-17 Included 65 2017-04 2- 9-17 Omitted 65 2017-05 2- 9-17 Omitted 65 2017-08 5-25-17 Omitted 66 2017-10 7-27-17 Omitted 66 2017-11 8-24-17 Included 66 2017-12 9-28-17 Omitted 66 2017-13 9-28-17 Included 66 2017-14 9-28-17 Omitted 66 2017-15 9-28-17 Omitted 66 2017-16 10-12-17 Omitted 67 2017-17 10-12-17 Omitted 67 2017-18 10-12-17 Included 67 2017-19 11- 9-17 Omitted 67 2017-20 11- 9-17 Omitted 67 2017-21 12-14-17 Included 67 2017-22 12-14-17 Included 67 2017-23 12-14-17 Included 67 2017-24 12-14-17 Included 67 2017-25 12-14-17 Omitted 67 Supp. No. 67 SH:3 ELECTIONS § 10-5 ARTICLE I. IN GENERAL the vacancies to be filled or the purpose for which such election is to be held, as the case may Sec. 10-1. Applicable state laws adopted. be. (Code 1970, § 12-14) For the purpose of providing for any contingency not covered by this chapter, the provisions of the Sec. 10-5. Candidates for office;qualifying. general laws of the state relating to electors and elections so far as the same may be applicable (a) Any qualified elector within the village and not inconsistent with this chapter are adopted may become a candidate for any office to be filled as a part hereof. at any general election by paying to the village (Code 1970, § 12-1) clerk a qualifying fee in the sum of ten dollars ($10.00) and by filing with the village clerk Sec. 10-2. Special elections; when held. during regular hours on the first seven (7) business days in January immediately preceding Special elections shall be held for such purposes the general election a written notice that he or as may be required and as provided for by law. she intends to be a candidate at such general (Code 1970, § 12-11) election. Any qualified elector may become a candidate for any office to be filled at any special Sec. 10-3. Notice of general elections. election by paying to the village clerk a qualify- ing fee in the sum of ten dollars ($10.00) and by The village clerk shall cause to be published filing with the village clerk, during the ten (10) at least fifteen (15) days next preceding any days ending three (3) weeks before the special general election, once, in a newspaper of general election, a written notice that he or she intends circulation in the village, a notice stating the to be a candidate at such election. date of such election, the offices to be filled, and Such written notice shall state the number of the time and place where such election shall be the group in which the candidate seeks to be held; and if there be one (1) or more propositions elected, his place of residence, his age and a to be voted upon,state in substance the character description of his residence in the village. Such of the propositions to be voted upon. In addition, notice shall also request that the name of the such notice shall be given by posting a copy candidate be placed upon the ballot to be prepared thereof in at least three (3) public and conspicu- for such election, and, in addition, shall be ous places in the village, one(1)of which shall be signed by such candidate. The village clerk shall the bulletin board in the village hall. supply the names of all candidates and offices to (Code 1970, § 12-13) be filled to the Palm Beach County Supervisor of Elections by delivery to that office prior to 5:00 Sec. 10-4. Notice of special election. p.m. on the Friday after the close of qualifying. Whenever any special election for any purpose (b) If at any time within seventy-two (72) is required to be held, the village council shall, hours prior to the deadline for the qualifying of by resolution, declare on what day the same candidates as set forth in subsection (a) above, shall be held, whereupon notice thereof shall be all persons who have qualified for any one (1) published in one (1) or more newspapers of office in an election have had their names general circulation in the village and not less withdrawn from candidacy for any reason, then than thirty(30)days or more than sixty(60)days the deadline for qualification of candidates for prior to such election. Notice shall also be given that particular office shall be automatically by posting within such time copies thereof in extended by one (1)week. The village clerk shall three (3) public and conspicuous places in the cause to be published at the earliest possible village, one (1) of which shall be the bulletin date,in a newspaper of general circulation in the board of the village hall. Such notice shall state village, a notice of such extension of time for the date upon which the election is to be held, qualifying for such office. In addition, such Supp. No. 67 617 § 10-5 NORTH PALM BEACH CODE notice shall be given by posting a copy thereof in ARTICLE 11. RESERVED* at least three (3) public and conspicuous places in the village, one (1) of which shall be the Sees. 10-38-10-57. Reserved. bulletin board in the village hall. (Code 1970, § 12-29;Ord. No. 13-78, § 1, 5-25-78; ARTICLE 111. RESERVED' Ord. No. 18-83, § 1, 12-8-83; Ord. No. 2008-03, § 2, 1-24-08; Ord. No. 2017-18, § 2, 10-12-17) Sees. 10-58-10-75. Reserved. Sec. 10-6. Conduct of elections. ARTICLE IV. POLLING LOCATIONS* (1) Village elections shall be conducted in a proper and legal manner under the supervision Sec. 10-76. Designated. of the village clerk and in conjunction with the The polling locations of the village shall be as Palm Beach County Supervisor of Elections. hereinafter designated,from time to time,by the village clerk and the Palm Beach County Supervi- (2) All elections within the village shall be sor of Elections. nonpartisan and no ballot shall contain any (Ord. No. 2008-03, § 3, 1-24-08) reference to or insignia of any political party. (Code 1970, § 12-34; Ord. No. 2008-03, § 2, Sec. 10-77. Reserved. 1-24-08) Editor's note-Ord. No. 2008-03, § 2, adopted Jan. 24, 2008, deleted former § 10-6 and redesignated former § 10-9 as§ 10-6. The former provisions pertained to preservation of notice of candidacy, and derived from Code 1970, § 12-30. Sec. 10-7. Early voting. The village hereby exercises its right under Florida law to exempt itself from the provisions of F.S. § 101.657, Early Voting. (Ord. No. 02-2005, § 1, 1-27-05; Ord. No. 2008- 03, § 2, 1-24-08) Editor's note-Ord. No. 2008-03, § 2, adopted Jan. 24, 2008,deleted former§ 10-7 and redesignated former§ 10-13 as§10-7. The former provision pertained to voting machines *Editor's note-Ord. No. 3-79, § 1, adopted Feb. 22, may be used; state law applicable, and derived from Code 1979, repealed §§ 10-38-10-46, which sections constituted 1970, § 12-31. Art. IL pertaining to absentee voting. Such sections derived from Code 1970, §§ 12-46-12-54. Section 2 of Ord. No. 3-79 provided"that the provisions of the general laws of the State Sees. 10-8-10-37. Reserved. of Florida relating to absentee voting are hereby adopted as a part of the Election Code of the Village of North Palm Editor's note-Ord. No. 2008-03, § 2, adopted Jan. 24, Beach." 2008, deleted former § 10-8 which pertained to direction for 'Editor's note-Ord. No. 2008-03, §4, adopted Jan. 24, preparation of ballots, and derived from Code 1970, § 12-32. 2008, repealed the former Art. III, §§ 10-58-10-64, which Said ordinance also deleted former § 10-10 which pertained pertained to inspectors and clerks and derived from Code to ballots-public measure, and derived from Code 1970, 1970,§§ 12-22-12-28;Ord. No. 9-93,§ 1,adopted March 11, § 12-35. Prior to the adoption of Ord. No. 2008-03, Ord. No. 1993. 27-2004, §§ 1, 2, adopted Oct. 14, 2004, repealed §§ 10-11, *Editor's note-Ord. No. 2008-03, §3, adopted Jan. 24, 10-12,which pertained to village council to constitute canvass- 2008, repealed the former Art. IV, §§ 10-76, 10-77, and ing board; and protest of election returns and inspection by enacted a new Art. IV as set out herein. The former Art. IV canvassing board, and derived from Code 1970, §§ 12-57, pertained to similar subject matter and derived from Code 12-58. 1970, §§ 12-15 and 12-18. [The next page is 671] Supp. No. 67 618 FIRE PREVENTION AND PROTECTION § 12-28 ARTICLE I. IN GENERAL access to the units is accomplished through use of common hallways or walkways. The annual Secs. 12-1-12-15. Reserved. fire inspection fee and all reinspection and late fees shall be collected in accordance with the fee schedule established by resolution of the village ARTICLE II. FLORIDA FIRE council. PREVENTION CODE (b) The effective date for collection of fire Sec. 12-16. Adopted by reference. inspection fees is October 1, 2006, and on an annual basis thereafter and is to be made a part (a) Under the authority of Florida Statutes, of the business tax and paid therewith. For Section 633.0215 and 633.025, the most recent multi-family buildings or structures governed by edition of the "Florida Fire Prevention Code" a condominium or other community association adopted by the State Fire Marshal in Rule for which no business tax is due and payable,the Chapter 69A-60 of the Florida Administrative annual fire inspection fee shall be paid by October Code, including NFPA 1 Fire Prevention Code 1 of each year. Failure to remit the annual and NFPA 101 Life Safety Code, both as modi- inspection fee and any late fees shall subject the fied by Rule Chapter 69A-60 of the Florida association to code enforcement proceedings in Administrative Code, is herein adopted by refer- accordance with chapter 2 of this Code. ence as the minimum fire code for the village. (Ord. No. 2006-13, §§ 1, 2, 8-10-06; Ord. No. There has been for at least ten(10)days last past 2006-28, § 4, 12-14-06; Ord. No. 2009-15, § 2, and shall be during the time that this code is in 9-24-2009) effect, two (2) copies available for public use, inspection, and examination. Sec. 12-18. Review of construction plans (b) The Florida Fire Prevention Code shall be and fire suppression, detection enforced by the fire rescue department under the and alarm systems and establish- supervision of the fire chief. ment of fee schedule. (Ord. No. 12-2002, § 1, 5-9-02;Ord. No. 2009-15, § 2, 9-24-2009; Ord. No. 2017-24, § 2, 12-14-17) (a) All construction,reconstruction or renova- Editor's note-Ord. No. 05-2002, § 6, adopted Feb. 28, tion plans and all fire suppression, smoke detec- 2002 and Ord. No. 12-2002, § 2, repealed § 12-16, in its tion and fire alarm systems requiring review by entirety. Ord. No. 12-2002,§1,adopted May 9,2002,enacted the fire rescue department shall be submitted to provisions to read as herein set out. Prior to amendment the department for review to ensure compliance § 12-16 pertained to [fire prevention code] adopted by reference and derived from Code 1970, § 6-11; Ord. No. with all applicable requirements of this article. 16-75,§ 1,adopted Oct. 9, 1975;Ord. No. 13-77,§1,adopted As required by the provisions of this article, the July 14, 1977;Ord. No. 22-80,§ 1 adopted Oct. 9, 1980;Ord. fire rescue department shall inspect all new No. 7-83, § 1, adopted Aug. 25, 1983; Ord. No. 3-87, § 1, structures to ensure that all requirements have adopted Jan. 22, 1987; Ord. No. 6-90, § 1, adopted Mar. 22, 1990; Ord. No. 13-92, § 1, adopted Sept, 10, 1992; and Ord. been met prior to the issuance of a certificate of No. 11-97, § 1, adopted Feb. 27, 1997. occupancy. Cross references-Building,gas,mechanical and plumb- ing codes adopted, §6-17;housing code adopted, § 15-1. (b) The inspection and reinspection fees for reviews required by this section shall be col- Sec. 12-17. Annual fire inspection and lected in accordance with the fee schedule establishment of fee schedule. established by resolution of the village council and shall be paid prior to the issuance of a (a) Effective October 1, 2006, all commercial certificate of occupancy. and multi-family buildings and structures shall (Ord. No. 2009-15, § 2, 9-24-2009; Ord. No. be subject to an annual fire safety inspection. 2011-21, § 11, 11-10-11) For the purposes of this section, a multi-family building or structure is defined as any building or structure with three (3) or more units where Secs. 12-19-12-28. Reserved. Supp. No. 67 725 § 12-29 NORTH PALM BEACH CODE ARTICLE III. RESERVED* include, but not be limited to, those substances listed in the"N.F.P.A. Guide on Hazardous Materi- Secs. 12-29-12-100. Reserved. als" or the EPA's list of extremely hazardous substances, or the "Florida Substance List" promulgated by the Department of Labor and ARTICLE IV. RECOVERY OF COSTS FOR Employment Security. CLEANUP,ABATEMENT AND REMOVAL OF HAZARDOUS SUBSTANCESt Person means one (1) or more individuals, partnerships,corporations,joint ventures,associa- Sec. 12-101. Definitions. tions or any other entities, or any combination thereof. For the purpose of this article, the following (Ord. No. 21-91, § 1(1), 5-23-91) words and phrases shall have the meaning given herein: Sec. 12-102. Authority of public safety fire Costs means those necessary and reasonable rescue department. costs incurred by the village in connection with investigating, mitigating, minimizing, removing The fire rescue department is hereby authorized or abating discharges of hazardous substances, to take such steps as necessary to clean up, including,but not limited to,the following:Actual remove or abate the effects of any hazardous labor costs of village personnel and its authorized substances discharged upon or into public or agents, including, but not limited to, the county private property,or facilities within the corporate and its respective departments, costs of equip- limits of the village. ment operation and rental, cost of expendable (Ord. No. 21-91, § 1(2), 5-23-91; Ord. No. 2011- items including, but not limited to, fire fighting 21, § 13, 11-10-11) foam, chemical extinguishing agents, absorbent material, sand, recovery drums, acid suits, acid gloves, goggles and protective clothing. Sec. 12-103. Reimbursement of costs to vil- lage. Discharge means any intentional or unintentional action or omission resulting in the Any person or persons responsible for causing releasing, spilling, pumping, pouring, emitting, or allowing an unauthorized discharge of hazard- emptying or dumping of a hazardous substance ous substances,which requires action by the fire upon public or private property located within rescue department of the village or its authorized the corporate limits of the village. agents in order to protect the public health, Hazardous substances means any substances safety or welfare, shall reimburse the village for or materials in a quantity or form, which in the the full amount of all costs, as defined herein, associated with the investigating, mitigating, determination of the public safety department or minimizing, removing and abating any such its agents, poses an unreasonable and imminent risk to the life, health, safety or welfare of discharge. Reimbursement shall be made within pthirty (30) days after receipt of an itemized bill persons or property within the village, and shall for such costs from the village of North Palm *Editor's note-Ord. No. 2011-21, § 12, adopted Nov. Beach. 10, 2011, repealed Art. III, Div. 1, §§ 12-29-12-32, Div. 2, (Ord. No. 21-91, § 1(3), 5-23-91; Ord. No. 2011- §§ 12-39-12-43,Div. 3, §§ 12-51-12-56,which pertained to 21, § 13, 11-10-11) fire division and derived from the Code of 1970, §§ 15-1- 15-3,§§ 15-20-15-24,§§ 15-31-15-34,§§ 15-39, 15-40;Ord. No. 12-84, § 1, 5-10-84. Sec. 12-104. Records. tEditor's note-Ordinance No. 21-91, adopted May 23, 1991,did not specifically amend the Code;hence,inclusion of §§ 1(1)-(7) as Art. IV, §§ 12-101-12-107, was at the When responding to the emergency caused by discretion of the editor. the unauthorized discharge of hazardous Cross reference-Health and sanitation, Ch. 14. substances, the fire rescue department of the Supp. No. 67 726 FIRE PREVENTION AND PROTECTION § 12-107 village or its authorized agents shall keep a detailed record of the costs attributable thereto. (Ord. No. 21-91, § 1(4), 5-23-91; Ord. No. 2011- 21, § 13, 11-10-11) Sec. 12-105. Exceptions for fire suppres- sion services. The authority to recover costs under this section shall not include costs incurred for actual fire suppression services which are normally or usually provided by the village's fire rescue department or its authorized agents. (Ord. No. 21-91, § 1(5), 5-23-91; Ord. No. 2011- 21, § 13, 11-10-11) Sec. 12-106. Late fee for failure to reimburse village. Any person or persons responsible for causing or allowing an unauthorized discharge of hazard- ous substances, and who fails to reimburse the village within the time set forth herein, shall be subject to a late fee in the amount of ten (10) percent of the total amount of the bill for each additional day that the bill for such costs remains unpaid. (Ord. No. 21-91, § 1(6), 5-23-91) Sec. 12-107. Remedies. The remedy provided for in this section shall be supplemental to and in additional to all other available remedies at law and equity. (Ord. No. 21-91, § 1(7), 5-23-91) [The next page is 777] Supp. No. 67 727 Chapter 15 HOUSING* Article I. Property Maintenance Standards See. 15-1. Generally. See. 15-2. Exterior property areas. See. 15-3. Exterior of structures. See. 15-4. Interiors of structures. See. 15-5. Rubbish and garbage. See. 15-6. Extermination. Sees. 15-7-15-10. Reserved. Article 11. Abandoned Real Property See. 15-11. Purpose and intent. See. 15-12. Definitions. See. 15-13. Applicability. See. 15-14. Registration of abandoned real property See. 15-15. Maintenance requirements. See. 15-16. Security requirements. See. 15-17. Immunity of enforcement officer. See. 15-18. Additional authority. Sees. 15-19, 15-20. Reserved. Article 111. Minimum Housing Standards See. 15-21. Purpose. See. 15-22. Scope and applicability. See. 15-23. Minimum standards for lighting. See. 15-24. Minimum standards for ventilation. See. 15-25. Minimum standards for basic equipment and facilities. See. 15-26. Basements and cellars. See. 15-27. Space requirements. *Cross references—Enforcement of Ch. 15 by code enforcement board, § 2-171 et seq.; business regulations for lodging accommodations, § 17-34 et seq.;use of rights-of-way for utilities, Ch. 28. Supp. No. 67 945 HOUSING § 15-2 ARTICLE I. PROPERTY MAINTENANCE (b) Stagnant water. All premises shall be STANDARDS* graded and maintained to prevent the erosion of soil and to prevent the accumulation or pooling Sec. 15-1. Generally. of stagnant water thereon,or within any structure located thereon,with exception of approved reten- (a) Scope. The provisions of this article shall tion areas. govern the minimum conditions and the (c) Landscaping. All yards exposed to public responsibilities of persons for maintenance of view must be landscaped. Play areas, flower- structures, equipment and exterior property. beds, driveways, walks, and similar areas not (b) Responsibility. The owner of the premises intended to have vegetative cover should be shall maintain the structures and exterior clearly defined and maintained free of property in compliance with these requirements, uncultivated growth. except as otherwise provided for in this code. A (1) Landscaping shall be maintained so as to person shall not occupy as owner-occupant or present a healthy, neat and orderly permit another person to occupy premises which appearance at least equal to the original are not in a sanitary and safe condition and installation and shall be mowed or which do not comply with the requirements of trimmed in a manner and at a frequency this chapter. Occupants of a dwelling unit are so as not to detract from the appearance responsible for keeping in a clean, sanitary and of the general area. Any grass and brush safe condition that part of the dwelling unit or growing in excess of twelve (12)inches in premises which they occupy and control. height, dead trees, tree stumps, dead and decaying plant material, trash and (c) Vacant structures and land. All vacant garbage shall be removed from the structures and premises thereof or vacant land premises. Landscaping shall be shall be maintained in a clean, safe, secure and maintained to minimize property damage sanitary condition as provided herein so as not to and public hazards,including the removal cause a blighting problem or adversely affect the of low hanging branches over sidewalks public health or safety. and paved areas and those obstructing (Ord. No. 2017-24, § 3, 12-14-17) street lighting and traffic control signs. Shrubbery and other landscape materi- Sec. 15-2. Exterior property areas. als shall be trimmed to prevent encroach- ment onto sidewalks and other public (a) Sanitation. All exterior property and rights-of-way, including waterways. premises shall be maintained in a clean,safe and sanitary condition. The occupant shall keep that (2) All undeveloped properties must have part of the exterior property which such occupant grass or other suitable live landscape occupies or controls in a clean and sanitary materials planted over the entire site. condition. While undeveloped properties may be irrigated utilizing an irrigation system, *Editor's note-Ord. No. 2017-24,§3, adopted Dec. 14, electrical service to such properties shall 2017,repealed Art. I in its entirety and enacted a new Art. I. be prohibited. Formerly developed vacant to read as set out herein. Former Art. I, §§ 15-1, 15-2, lots with a planting plan approved pursu- pertained to in general and derived from the Code of 1970, §§19.3-11,19.3-12;Ord. No. 8-75,§1,adopted July 10, 1975; ant t0 section 45-36 Of the Village Code Ord. No. 14-77, § 1, adopted July 14, 1977; Ord. No. 28-80, shall adhere to the requirements of that § 1, Oct. 9, 1980;Ord. No. 8-83, § 1, adopted Aug. 25, 1983; plan. All undeveloped properties and Ord. No. 21-86, § 1, adopted Nov. 13, 1986; Ord. No. 5-90, vacant lots shall undergo regular §§ 1, 2, adopted March 8, 1990; Ord. No. 3-92, §§ 1, 2, maintenance, including, but not limited adopted Feb. 27, 1992; Ord. No. 27-2001, §§ 2, 3, adopted Sept. 13, 2001; Ord. No. 23-2003, §§ 1, 2, adopted Sept. 11, to, pruning, edging, mulching, or any 2003; Ord. No. 2006-24, § 2.F., adopted Nov. 9, 2006; Ord. other necessary actions consistent with No. 2010-21, §3, adopted Nov. 18,2010. generally accepted horticultural practices. Supp. No. 67 947 § 15-2 NORTH PALM BEACH CODE (3) Landscaping shall be kept free of visible (i) Motor vehicles. signs of insects and disease and (1) Motor vehicles (with the exception of appropriately irrigated and fertilized to recreational vehicles parked in the rear enable landscaping to be in a healthy or side yard in compliance with all condition. applicable code provisions) located on (4) All roadways, curbs and sidewalks shall residential and non-residential parcels be edged to prevent encroachment from shall only be parked on a hard, durable the adjacent turf areas. surface and shall not be parked in a manner so as to impede access to doors (d) Rodent harborage. All structures and and windows. exterior property shall be kept free from rodent (2) Except as provided for in other regula- harborage and infestation. Where rodents are tions, no inoperative or unlicensed motor found, they shall be promptly exterminated by vehicle shall be parked, kept or stored on approved processes which will not be injurious to any premises, and no vehicle shall at any human health. After extermination, proper time be in a state of major disassembly, precautions shall be taken to eliminate rodent disrepair, or in the process of being harborage and prevent reinfestation. stripped or dismantled. Painting of vehicles is prohibited unless conducted (e) Exhaust vents. Pipes, ducts, conductors, inside an approved spray booth. fans or blowers shall not discharge gases, steam, Exception:A vehicle of any type is permit- vapor, hot air, grease, smoke, odors or other ted to undergo major overhaul, including gaseous or particulate wastes directly upon abut- body work, provided that such work is ting or adjacent public or private property or performed inside a structure or similarly that of another tenant. enclosed area designed and approved for such purposes. (f) Accessory structures. All accessory structures, including but not limited to garages, (j) Defacement of property. No person shall storage buildings, docks, piers, boat lifts, willfully or wantonly damage, mutilate or deface bulkheads, screen enclosures, fences, walls, any exterior surface of any structure or building driveways and driveway aprons, walkways, and on any private or public property by placing antennas shall be maintained structurally sound thereon any marking, carving or graffiti. It shall and in good repair and free from excessive be the responsibility of the owner to restore said staining, mold and mildew. surface to an approved state of maintenance and repair. (g) Gates. Gates which are required to be (k) Open storage. It shall be unlawful for the self-closing and self-latching in accordance with owner or occupant of a residential building, the Florida Building Code shall be maintained structure or property to utilize the premises for such that the gate will positively close and latch the open storage of any appliance or other item when released from a still position of six (6) of personal property, building materials, rubbish inches from the gatepost. or similar items. (h) Swimming pools. Swimming pools, hot (Ord. No. 2017-24, § 3, 12-14-17) tubs, spas, fountains and other man-made ponds Sec. 15-3. Exterior of structures. or bodies of water shall be maintained in a clean and sanitary condition, and in good repair. The (a) Generally. The exterior of all premises water shall remain free and clear of pollutants and every structure thereon where exposed to and debris and shall not provide a breeding public view, shall be maintained in a condition ground for mosquitos or otherwise create a hazard that shall not show evidence of deterioration. All to the public health and safety. screened enclosures shall be properly fitted and Supp. No. 67 948 HOUSING § 15-3 maintained. All surfaces shall be maintained (f) Exterior walls. All exterior walls shall be free of weathering, discoloration, ripping, tear- free from holes, breaks, and loose or rotting ing or other holes or breaks, broken glass, materials; and maintained weatherproof and crumbling stone, brick or stucco or other condi- properly surface coated where required to prevent tions reflective of deterioration or inadequate deterioration. maintenance. (b) Protective treatment. All exterior surfaces, (g) Roofs and drainage. The roof and flashing including but not limited to, doors, door and shall be sound, tight and not have defects that window frames,cornices,porches,trim,balconies, admit rain. Roof drainage shall be adequate to roofs, decks and fences shall be maintained in prevent dampness or deterioration in the walls good condition free of algae and mold. Exterior or interior portion of the structure. Roof drains, wood surfaces, other than decay resistant woods, gutters and downspouts shall be maintained in shall be protected from the elements and decay good repair and free from obstructions. Roof by painting or other protective covering or treat- water shall not be discharged in a manner that ment. All building exterior wall surfaces shall be creates a public nuisance. kept free of faded or chipped paint and shall be maintained in good repair and in a condition to (h) Decorative features. All cornices, belt prevent deterioration, and must be repainted, courses, corbels, terra cotta trim, wall facings recovered or cleaned when twenty-five(25)percent and similar decorative features shall be or more of any exposed surface becomes discolored maintained in good repair with proper anchor- or is peeling. All siding and masonry joints as age and in a safe condition. well as those between the building envelope and the perimeter of windows, doors, and skylights (i) Overhang extensions. All overhang exten- shall be maintained weather resistant and Bions including, but not limited to canopies, watertight. All metal surfaces subject to rust or marquees, signs, metal awnings, fire escapes, corrosion shall be coated to inhibit such rust and standpipes,and exhaust ducts shall be maintained corrosion and all surfaces with rust or corrosion in good repair and be properly anchored so as to shall be stabilized and coated to inhibit future be kept in a sound condition. When required, all rust and corrosion. Oxidation stains shall be exposed surfaces of metal or wood shall be removed from exterior surfaces. Surfaces designed protected from the elements and against decay for stabilization by oxidation are exempt from or rust by periodic application of weather- this requirement. coating materials,such as paint or similar surface treatment. (c) Premises identification. Buildings shall have approved address numbers placed in a position (j) Stairways, decks, porches and balconies. to be plainly legible and visible from the street or Every exterior stairway, deck, porch and balcony, road fronting the property. These numbers shall and all appurtenances attached thereto, shall be contrast with their background. Address numbers maintained structurally sound, in good repair, shall be Arabic numerals or alphabet letters. with proper anchorage and capable of supporting Numbers shall be a minimum of three (3) inches the imposed loads. high with a minimum stroke width of one (1) inch. (k) Handrails and guards. Every handrail (d) Structural members. All structural and guard shall be firmly fastened and capable members shall be maintained free from deteriora- of supporting normally imposed loads and shall tion, and shall be capable of safely supporting be maintained in good condition. the imposed dead and live loads. (1) Window, skylight and door frames. Every (e) Foundation walls. All foundation walls window, skylight,door and frame shall be kept in shall be maintained plumb and free from open sound condition, good repair and weather tight. cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents (1) Glazing. All glazing materials shall be and other pests. maintained free from cracks and holes. Supp. No. 67 949 § 15-3 NORTH PALM BEACH CODE (2) Openable windows. Every window, other (d) Stairs and walking surfaces. Every stair, than a fixed window, shall be easily ramp, landing, balcony, porch, deck or other openable and capable of being held in walking surface shall be maintained in sound position by window hardware. condition and good repair. (in) Doors. All exterior doors, door assemblies (e) Handrails and guards. Every handrail and hardware shall be maintained in good condi- and guard shall be firmly fastened and capable tion. of supporting normally imposed loads and shall (n) Parking areas. All off-street parking spaces be maintained in good condition. and driveways shall be asphalt, concrete, block, (f) Interior doors. Every interior door shall fit stone, brick or similar smooth durable surface or reasonably well within its frame and shall be durable surface as approved by the community capable of being opened and closed by being development director. All off-street parking and driveways shall be kept in good repair and sound properly and securely attached to jambs,headers or tracks as intended by the manufacturer of the structural condition. Asphalt,concrete,and brick attachment hardware. paver surfaces shall not show signs of excessive (Ord. No. 2017-24, § 3, 12-14-17) surface deterioration, such as potholes and substantial cracks. All driveways shall be free of mold,mildew and errant vegetation. Stone surface Sec. 15-5. Rubbish and garbage. driveways shall be maintained in a neat appear- ance and bordered. Stone material shall be so (a) Accumulation of rubbish or garbage. All maintained as to not spread onto public streets exterior property and premises, and the interior and sidewalks. of every structure, shall be free from any (Ord. No. 2017-24, § 3, 12-14-17) accumulation of rubbish or garbage. Sec. 15-4. Interiors of structures. (b) Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean (a) Generally. The interior of a structure and and sanitary manner by placing such rubbish in equipment therein shall be maintained in good approved containers. repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the (c) Disposal of garbage. Every occupant of a structure which they occupy or control in a clean structure shall dispose of garbage in a clean and and sanitary condition. Every owner of a structure sanitary manner by placing such garbage in an containing a hotel,two(2)or more dwelling units approved garbage disposal facility or approved or two (2) or more nonresidential occupancies, garbage containers. shall maintain, in a clean and sanitary condi- tion, the shared or public areas of the structure (1) Garbage facilities. The owner of every and exterior property. dwelling shall supply an approved mechanical food waste grinder in each (b) Structural members. All structural dwelling unit or an approved leak-proof, members shall be maintained structurally sound, covered, outside garbage container. and be capable of supporting the imposed loads. (2) Containers. The operator of every (c) Interior surfaces. All interior surfaces, establishment producing garbage shall including windows and doors,shall be maintained provide, and at all times cause to be in good, clean and sanitary condition. Peeling, utilized, approved leak-proof containers chipping, flaking, or abraded paint shall be provided with close-fitting covers for the repaired, removed, or covered. Cracked or loose storage of such materials until removed plaster,decayed wood,and other defective surface from the premises for disposal. conditions shall be corrected. (Ord. No. 2017-24, § 3, 12-14-17) Supp. No. 67 950 HOUSING § 15-14 Sec. 15-6. Extermination. Enforcement officer means any full-time law enforcement officer,building official,code enforce- All structures shall be kept free from insect ment officer, fire inspector or building inspector and rodent infestation. All structures in which employed within the village. insects or rodents are found shall be promptly exterminated by approved processes that will Evidence of vacancy means any condition that not be injurious to human health. After extermina- on its own, or combined with other conditions, tion,proper precautions shall be taken to prevent would lead a reasonable person to believe that reinfestation. the property is vacant. Such conditions may (Ord. No. 2017-24, § 3, 12-14-17) include, but not be limited to, overgrown and/or dead vegetation, accumulation of abandoned personal items and property, statements by Secs. 15-7-15-10. Reserved. neighbors, passers-by, delivery agents or govern- ment agents, among other evidence that the ARTICLE II. ABANDONED REAL property is vacant. PROPERTY Foreclosure means the process by which a property,placed as security for a real estate loan, Sec. 15-11. Purpose and intent. is sold at public sale to satisfy the debt if the borrower defaults. It is the purpose and intent of the village to establish a process to address the amount of Property management company means a local abandoned residential real property located within property manager,property maintenance company the village. It is the village's further intent to or similar entity responsible for the maintenance specifically establish an abandoned residential of abandoned real property. property program as a mechanism to protect Residential building means any real property, residential neighborhoods from becoming blighted or portion thereof,situated in the village,improved through the lack of adequate maintenance and by a single-family dwelling or multi-family dwell- security of abandoned properties. ing of not more than four (4) dwelling units, and (Ord. No. 2009-05, § 2, 5-14-09) shall include the buildings and structures located Sec. 15-12. Definitions. on such improved real property. Vacant means any building/structure that is The following words,terms and phrases,when not legally occupied. used in this article, shall have the meanings (Ord. No. 2009-05, § 2, 5-14-09) ascribed to them in this section, except where the context clearly indicates a different meaning: Sec. 15-13. Applicability. Abandoned real property means any property This article shall be considered cumulative that is vacant and is subject to an uncured notice and not superseding or subject to any other law of default and/or notice of mortgagee's sale by or provision, but shall rather be an additional the lender or a pending tax deed sale and/or remedy available to the Village above and beyond properties that have been the subject of a any other state, county and/or code provisions foreclosure sale where the title was retained by relating to same. the beneficiary of a mortgage involved in the (Ord. No. 2009-05, § 2, 5-14-09) foreclosure and any properties transferred under a deed in lieu of foreclosure or sale. Sec. 15-14. Registration of abandoned real Accessible building means a residential build- property ing that is unsecured and/or breached in such a (a) Any mortgagee who holds a mortgage on way as to allow access to the interior space by real property located within the village that is unauthorized persons. improved with a residential building shall perform Supp. No. 67 951 § 15-14 NORTH PALM BEACH CODE an inspection of the property that is the security not yet subject to a foreclosure sale or a transfer for the mortgage upon the issuance of a notice of under a deed in lieu of foreclosure, the property default and the expiration of any cure period set owner remains in default. forth in the mortgage documents. If such property is found to be vacant or shows evidence of (g) Any person or corporation that has vacancy, it shall be deemed abandoned and the registered a property under this article must mreport any change of information contained in mortgagee shall, within ten (10) days of the inspection, register the property with the com- the registration within ten (10) days of the munity development director, or his or her change. designee, on forms provided by the village. A (Ord. No. 2009-05, § 2, 5-14-09) registration is required for each vacant property Sec. 15-15. Maintenance requirements. or dwelling unit within a multi-family dwelling. (a) Improved properties subject to this article (b) If such property is occupied but remains in shall be kept free of weeds, overgrown brush, default, it shall be inspected by the mortgagee or dead vegetation, trash, junk, debris, building his designee monthly until (1) the mortgagor or materials, any accumulation of newspapers, other party remedies the default, or (2) it is circulars, flyers, notices, except those required found to be vacant or shows evidence of vacancy by federal, state, or local law, discarded personal at which time it is deemed abandoned, and the items included, but not limited to, furniture, mortgagee shall, within ten (10) days of that clothing, large and small appliances, printed inspection, register the property with the com- material or any other items that give the appear- munity development director, or his or her ance that the property is abandoned. designee, on forms provided by the village. (b) Residential buildings shall be maintained (c) Registration pursuant to this article shall free of graffiti or similar markings by removal or contain the name of the mortgagee, the direct painting over with an exterior grade paint that mailing address of the mortgagee,a direct contact matches the color of the exterior structure. name and telephone number of mortgagee, (c) Front, side, and rear yard landscaping facsimile number and e-mail address and, in the shall be maintained in accordance with the case of a corporation or out-of-area mortgagee, village's standard at the time registration was the local property management company required. Landscape shall include, but not be responsible for the security and maintenance of limited to, grass, ground covers, bushes, shrubs, the property. hedges or similar plantings,or decorative rock or bark. (d) An annual registration fee in an amount established by the village council shall accompany (d) Maintenance shall include, but not be the registration form(s). limited to, watering, irrigation, cutting, and mowing of required landscape and removal of all (e) This article shall also apply to properties trimmings. improved with a residential building that have (e) Pools and spas shall be maintained so the been the subject of a foreclosure sale where the water remains free and clear of pollutants and title was transferred to the beneficiary of a debris. Pools and spas shall comply with the mortgage involved in the foreclosure and any enclosure requirements of this Code and Florida properties transferred under a deed in lieu of Building Code, as amended from time to time. foreclosure/sale. (f) Failure of the mortgagee and/or property (f) Properties subject to this article shall remain owner of record to properly maintain the property under the annual registration requirement, and residential building may result in a violation security and maintenance standards of this article of this Code and issuance of a notice of violation/ as long as they remain vacant and for properties notice of hearing by a village code enforcement Supp. No. 67 952 HOUSING § 15-21 officer. Pursuant to a finding and determination local property management company shall provide by the village's code enforcement board, the a copy of the inspection reports to the code village may take the necessary action to ensure enforcement division. compliance with this article. (Ord. No. 2009-05, § 2, 5-14-09) (f) Failure of the mortgagee and/or property owner of record to properly maintain the property may result in a violation of this Code and Sec. 15-16. Security requirements. issuance of a notice of violation/notice of hearing (a) Residential buildings subject to this article by a village code enforcement officer. Pursuant shall be maintained in a secure manner so as not to a finding and determination by the village's to be accessible to unauthorized persons. code enforcement board,the village may take the necessary action to ensure compliance with this (b) A "secure manner" shall include, but not article. be limited to,the closure and locking of windows, (Ord. No. 2009-05, § 2, 5-14-09) doors, gates and other openings of such size that may allow a child to access the interior of the Sec. 15-17. Immunity of enforcement officer. property and/or structure. Broken windows shall be secured by re-glazing or boarding of the Any enforcement officer or any person window. authorized by an enforcement officer shall be immune from prosecution, civil or criminal, for (c) If the property is owned by a corporation reasonable,good faith trespass upon real property and/or out of area mortgagee, a local property while in the discharge of duties imposed by this management company shall be contracted to chapter. perform bi-weekly inspections to verify compli- (Ord. No. 2009-05, § 2, 5-14-09) ance with the requirements of this article, and any other applicable laws. Sec. 15-18. Additional authority. (d) The property shall be posted with the The village manager, or his or her designee, name and twenty-four (24) hour contact phone shall have authority to require the mortgagee number of the local property management and/or owner of record of any property affected company. The posting shall be no less than an by this article, to implement additional eight-inch by ten-inch sign. The posting shall maintenance and/or security measures as may contain the following language: be reasonably required to help prevent further THIS PROPERTY IS MANAGED BY: decline of the property. (Ord. No. 2009-05, § 2, 5-14-09) TO REPORT PROBLEMS OR CONCERNS CALL: Secs. 15-19, 15-20. Reserved. The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible, or secured to the exterior ARTICLE III. MINIMUM HOUSING of the building/structure facing the street to the STANDARDS front of the property so it is visible or, if no such area exists, on a stake of sufficient size to Sec. 15-21. Purpose. support the posting in a location as close as possible to the main door entrance of the property. The purpose of this article is to protect the Exterior postings shall be constructed of, and public health, safety and general welfare of the printed with, weather-resistant materials. residents of the village by establishing minimum standards governing the conditions, occupancy (e) The local property management company and maintenance of all residential and shall inspect the property on a bi-weekly basis to nonresidential structures;establishing minimum ensure that the property is in compliance with standards governing utilities, supplied facilities this chapter. Upon the request of village, the and other physical components and conditions Supp. No. 67 953 § 15-21 NORTH PALM BEACH CODE essential to make residential structures and room shall be ten (10) percent of the total floor premises safe,sanitary, and fit for human habita- area of such room;if the only window in a room is tion. the skylight type, the minimum total window (Ord. No. 2017-24, § 4, 12-14-17) area shall be fifteen (15) percent of total floor area of such room, except where other means of Sec. 15-22. Scope and applicability. artificial lighting are approved. Every structure shall conform to the require- (c) Every public hall and stairway in every ments of this article, irrespective of the class in multiple dwelling shall be adequately lighted at which such structure may otherwise belong, and all times. Every public hall and stairway in a irrespective of when such structure may have structure containing not more than four (4) been constructed, altered, or repaired, and dwelling units may be supplied with conveniently irrespective of any permits or licenses which located light switches controlling an adequate shall have been issued for the use or occupancy lighting system which may be turned on when of the structure or premises, for the construction needed instead of full-time lighting. or repair of the structure, or for the installation (d) Lighting in bathrooms shall conform to or repair of equipment of facilities. No person the lighting requirements for habitable rooms. shall occupy as owner-occupant or let to another (Ord. No. 2017-24, § 4, 12-14-17) for occupancy any residential or nonresidential structures for any purpose which does not comply Sec. 15-24. Minimum standards for ventila- with the requirements of this article. This article tion. establishes minimum standards but does not replace or modify standards otherwise established (a) Every habitable room shall have at least for construction, replacement or repair or build- one (1) window or skylight opening directly to ings except such as are contrary to the provisions the outdoors which can easily be opened, or such of this article,in which event the stricter standard other device as will adequately ventilate the shall prevail. room. The minimum total openable window area (Ord. No. 2017-24, § 4, 12-14-17) in every habitable room shall be equal to forty- five (45) percent of the minimum total required Sec. 15-23. Minimum standards for light- Window area, except where there is supplied ing. some other device affording adequate ventilation and approved by the building official. (a) Where there is electric service available (b) When walls or other portions of structures from power lines which are not more than three face a window and are located less than three (3) hundred (300) feet away from a dwelling, every feet from the window and extend to a level above habitable room in such dwelling shall contain at that of the ceiling of the room so as to be a light least two (2) separate wall-type electric outlets, obstruction feature, such window shall not be or one (1) such outlet and one (1) supplied included as contributing to the required minimum ceiling-type electric light fixture, and every total window area. bathroom,laundry room,furnace room and public hall shall contain at least one (1) ceiling or (c) Every bathroom shall have ventilation equal wall-type electric light fixture. Every such outlet to four(4) square feet or such other device as will and fixture shall be in working condition and adequately ventilate the room and which is installed in accordance with the requirements of approved by the building official. the electrical code. (Ord. No. 2017-24, § 4, 12-14-17) (b) Every habitable room shall have at least Sec. 15-25. Minimum standards for basic one (1) window or skylight facing directly to the equipment and facilities. outside or other means of lighting which is approved as adequate by the inspector. The No person shall occupy as owner-occupant or minimum total window area for every habitable let to another for occupancy any dwelling or Supp. No. 67 954 HOUSING § 15-27 dwelling unit, for the purpose of living, sleeping, provisions of subsections (1) through (4) cooking or eating therein,which does not comply of this section shall be properly con- with the following requirements: netted with both hot and cold water (1) Every dwelling unit shall contain a kitchen lines. sink in good working condition and (6) Every dwelling shall have supplied water- properly connected to a water and sewer heating facilities which are properly system approved by the building official. installed, are maintained in safe and (2) Every dwelling unit, except as otherwise good working condition, are properly con- permitted under subsection (4) of this netted with the hot water lines required section,shall contain a room which affords under the provisions of subsection (5) of privacy to a person within such room and this section. which is equipped with a flush water (7) All cooking and heating equipment and closet and a lavatory basin in good work- facilities shall be installed in accordance ing condition and properly connected to a with the requirements of the Florida water and sewer system approved by the Building Code and shall be maintained building official. in a safe and good working condition. (3) Every dwelling unit, except as otherwise Portable cooking equipment employing permitted under subsection (4) of this flame is prohibited. section, shall contain, within a room (Ord. No. 2017-24, § 4, 12-14-17) which affords privacy to a person within such room, a bathtub or shower in good Sec. 15-26. Basements and cellars. working condition and properly con- (a) No cellar space shall be used as a habit- nected to a water and sewer system able room. approved by the building official. (4) The occupants of not more than two (2) (b) Basement space may be used as a habit- dwelling units may share a single flush able room if: water closet, a single lavatory basin, and (1) The windows are sufficiently above the a single bathtub or shower if: lot's ground level so as to allow the room a. Neither of the two(2)dwelling units to meet requirements of habitable rooms contains more than two (2) rooms; as to light and ventilation; provided, for the purpose of this (2) The floors and walls below grade level of subsection (4)a., a kitchenette or an the lot are impervious to water and free efficiency kitchen with not more from dampness at all times; and than sixty (60) square feet of floor area shall not be counted as a room; (3) The clear inner height is at least six (6) b. The habitable area of each of such feet eight (8) inches, and no pipes or dwelling units shall equal not more beams are below six (6) feet from floor than two hundred fifty(250) square level. feet of floor area; and (Ord. No. 2017-24, § 4, 12-14-17) C. Such water closet, lavatory basin, Sec. 15-27. Space requirements. and bathtub or shower shall be in good working condition and properly The number of persons occupying any dwell- connected to a water and sewer ing unit shall be limited by the following regula- system approved by the building tions: official. (1) Size of sleeping rooms. Every sleeping (5) Every kitchen sink, lavatory basin, and room shall have at least seventy (70) bathtub or shower required under the square feet of floor area for the first Supp. No. 67 955 § 15-27 NORTH PALM BEACH CODE occupant of each sleeping room and at room can only be achieved through least fifty (50) square feet of floor area another sleeping room,bathroom,shower per additional occupant. room or water closet compartment. (2) Maximum number of occupants. The (5) Minimum height of habitable rooms. Every maximum number of occupants permis- habitable room shall be not less than sible per dwelling unit shall be as fol- seven (7) feet in height from the floor to lows: the ceiling throughout one-half(�/z)of the area of such room. Any portion of a room Maximum Number having a ceiling height of less than five Dwelling Size of Occupants (5)feet shall not be considered in comput- 0 Bedrooms 1 ing floor area. 1 Bedroom 4 (6) Prohibited occupancy. Kitchens and non- 2 Bedrooms 6 habitable spaces shall not be used for 3 Bedrooms g sleeping purposes. 4 Bedrooms 10 (7) Responsibilities of landlord, lessor or 5 Bedrooms 12 owner. It shall be unlawful for any 6 Bedrooms 14 landlord, lessor or owner to consent, allow,fail to prevent,or follow a course of For purposes of determining whether a conduct that the landlord,lessor or owner violation has occurred, if the square foot- knows, or reasonably should know, will age requirements contained in subset- likely cause or result in overcrowding tions (1) and(3)of this section allow fora pursuant to this section. Every landlord, greater number of occupants permissible lessor or owner shall take affirmative per dwelling unit contained in subsection actions to ensure that the number of (2) of this section, then the maximum persons occupying any dwelling or number of occupants permissible under residential structure conforms to the subsection(2)of this section shall prevail. requirements of this article. (3) Size of dwelling unit. The total of all (Ord. No. 2017-24, § 4, 12-14-17) habitable of non-sleeping living and dining floor area in a dwelling unit should be such as to provide at least one hundred fifty(150) square feet of floor area for the first occupant thereof; a minimum of two hundred (200) square feet of floor area per additional occupant up to five (5) occupants;and a minimum of two hundred fifty (250) square feet per occupant for six (6) or more occupants. (4) Bathroom accessibility No dwelling containing two(2)or more sleeping rooms shall be arranged so that access to a bathroom, shower room or water closet compartment intended for use by the occupants of more than one (1) sleeping room can be achieved only by going through another sleeping room or outside the structure, nor shall room arrange- ments be such that access to a sleeping [The next page is 9971 Supp. No. 67 956 APPENDIX C ZONING* Page Article I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2481 Sec. 45-1. Short title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2481 Sec. 45-2. Definitions. . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2481 Sec. 45-3. Interpretation of provisions.. . . . . . . . . . . . . . . . . . . . . . . . . . . 2485 Sec. 45-4. Conflict of provisions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2485 Sec. 45-5. Changes and amendments.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2485 Sec. 45-6. Penalty for violation of provisions.. . . . . . . . . . . . . . . . . . . . . 2485 Secs. 45-7-45-15. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2486 Article 11. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2486 Sec. 45-16. Division of village into districts; districts enumerated.. 2486 Sec. 45-16.1. Similar uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2486 Sec. 45-16.2. Special exception uses.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2487 Sec. 45-17. Official zoning map. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2488 Sec. 45-18. Boundary conflict interpretations.. . . . . . . . . . . . . . . . . . . . 2488.1 Sec. 45-19. Buildings and uses to conform to district regulations. . 2488.1 Sec. 45-20. Adult entertainment establishment.. . . . . . . . . . . . . . . . . . 2488.1 Sec. 45-21. Telecommunications antenna and antenna towers. . . . . 2488.5 Sec. 45-22. Oceanfront land-Ocean setback. . . . . . . . . . . . . . . . . . . . . 2488.7 Sec. 45-23. Emergency generators required for automotive service stations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2488.7 Sec. 45-24. Group living facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2488.7 Sec. 45-25. Reasonable accommodation procedure.. . . . . . . . . . . . . . . . 2488.7 Sec. 45-26. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2488.10 Article 111. District Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2488.10 Sec. 45-27. R-1 single-family dwelling district. . . . . . . . . . . . . . . . . . . . 2488.10 Sec. 45-28. R-2 multiple-family dwelling district.. . . . . . . . . . . . . . . . . 2490 Sec. 45-29. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2492 Sec. 45-30. R-3 apartment dwelling district. . . . . . . . . . . . . . . . . . . . . . 2492 Sec. 45-31. C-A commercial district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2493 Sec. 45-31.1. CB commercial district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2498 Sec. 45-32. C-1A limited commercial district. . . . . . . . . . . . . . . . . . . . . 2502 Sec. 45-32.1. CC Transitional commercial district.. . . . . . . . . . . . . . . . 2504.1 Sec. 45-33. C-1 neighborhood commercial district. . . . . . . . . . . . . . . . . 2504.2 Sec. 45-34. Commercial district.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2504.4 Sec. 45-34.1. C-3 regional business district. . . . . . . . . . . . . . . . . . . . . . . 2504.6 Sec. 45-35. Public district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2509 Sec. 45-35.1. Planned unit development.. . . . . . . . . . . . . . . . . . . . . . . . . 2509 *Editor's note-The zoning ordinance of the village,and amendments thereof,are printed herein as set out in the 1970 Code of the village.Amendatory provisions adopted after August 14, 1969,the cut-off date for the 1970 Code,are cited in parentheses following the amended section.Words appearing in brackets[ I herein have been added by the editor for clarification,except that obviously misspelled words have been corrected without notation. Ordinances changing the zoning maps are not included herein. The zoning map referred to in this ordinance is not printed herein but is on file. The zoning ordinance of the village was included as Chapter 45 of 1970 Code,hence the prefix '45" to the section numbers. Cross references-Enforcement of App. C by code enforcement board, §2-171 et seq.;home occupations, § 17-2;planning and development, Ch. 21;streets, sidewalks and public places, Ch. 24;appearance plan,App. A; subdivision regulations,App. B. Supp. No. 67 2479 NORTH PALM BEACH CODE Page Sec. 45-35.2. C-OS conservation and open space district.. . . . . . . . . . 2510.2 Sec. 45-35.3. Northlake Boulevard Overlay Zoning District(NBOZ). 2510.2.1 Sec. 45-36. General provisions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2512 Sec. 45-37. Historic site overlay district. . . . . . . . . . . . . . . . . . . . . . . . . . 2512.10 Sec. 45-38. 1-1 light industrial district. . . . . . . . . . . . . . . . . . . . . . . . . . . 2515 Sec. 45-39. Medical marijuana treatment center dispensing facili- ties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2529 Articles IV, V. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2529 Secs. 45-40-45-48. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2529 Article VI. Amendments—Fees; Waiting Periods . . . . . . . . . . . . . . . . . . . . . . . . . 2529 Sec. 45-49. Applications for rezoning, etc.. . . . . . . . . . . . . . . . . . . . . . . . 2529 Sec. 45-50. Application for variances.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2530 Secs. 45-51-45-59. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2530 Article VII. Nonconforming Uses of Land and Structures . . . . . . . . . . . . . . . 2530 Sec. 45-60. Intent.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2530 Sec. 45-61. Extension and enlargement. . . . . . . . . . . . . . . . . . . . . . . . . . 2531 Sec. 45-62. Nonconforming lots of record. . . . . . . . . . . . . . . . . . . . . . . . . 2531 Sec. 45-63. Nonconforming uses of land. . . . . . . . . . . . . . . . . . . . . . . . . . 2531 Sec. 45-64. Nonconforming structures.. . . . . . . . . . . . . . . . . . . . . . . . . . . 2532 Sec. 45-65. Nonconforming uses of structures or of structures and premises in combination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2532 Sec. 45-66. Repairs and maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2533 Sec. 45-67. Temporary uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2533 Sec. 45-68. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2533 Supp. No. 67 2480 APPENDIX C—ZONING §45-2 ARTICLE I. IN GENERAL ing television, AM/FM radio, digital, microwave, cellular, telephone or similar form of electronic Sec. 45-1. Short title. communication. The provisions embraced within this ordinance Antiques: Objects of an earlier period such as shall be known as the "zoning code" and may be furniture, jewelry, stamps, coins, miniaturized so cited. replicas,works of art,or other decorative articles that are collected primarily because of their age, Sec. 45-2. Definitions. history, or expectation of increasing value. Assisted Living Facility means a facility licensed For the purpose of this ordinance, certain by the agency for health care administration words and terms are defined as follows: which provides housing, meals and personal care Accessory use is a use customarily incident and services to adults for a period exceeding and accessory to the principal use of land or twenty-four(24)hours,as defined in F.S. §429.02, building located on the same lot. as amended. Accessory building or structure shall include a Building is any structure, either temporary or building or structure customarily incident and permanent, having a roof or other covering and accessory to the principal use of land or building designed for the shelter or enclosure of any located on the same lot. In the R-1 residential person, animal or property. dwelling district, accessory buildings shall be Child care facility means a licensed facility limited to an open-air pavilion and an automobile with more than five(5)children that are unrelated garage. In the R-2 dwelling district, an accessory to the operator of the facility and which complies building shall be limited to an automobile garage. with F.S. ch. 402. Adult entertainment. Adult entertainment Community residence is a facility that provides means any adult arcade, adult theater, adult lodging for more than three(3)unrelated persons booth, adult bookstore/adult video store, adult occupying the whole or part of a dwelling as a motel or adult dancing establishment as defined single housekeeping unit sharing common living, in Ordinance No. 88-31, Palm Beach County sleeping, cooking and/or eating facilities and Adult Entertainment Code; or any establish- which may operate on a referral basis from state, ment or business operated for commercial gain county or local social services agencies or self- where any employee, operator or owner exposes help programs or be affiliated with a treatment his/her specified anatomical area for viewing by or rehabilitation program. A community residence patrons, including but not limited to: massage shall not include a licensed community residential establishments whether or not licensed pursu- home or a licensed assisted living facility. A ant to Chapter 480, Florida Statutes, tanning community residence is not a permitted use salon, modeling studio, or lingerie studio. within any residential zoning district and may only be established through the reasonable accom- Antenna is a transmitting or receiving device modation process. used in communications that radiates or captures electromagnetic waves, digital signals, analog Community residential home as defined in F.S. signals, radio frequencies (excluding radar ch. 419, means a dwelling unit licensed to serve signals), wireless telecommunications signals or residents who are clients of the department of other communication signals. (See antenna tower elderly affairs, the agency for persons with dis- for applicable regulations). abilities, the department of juvenile justice, or the department of children and families or licensed Antenna tower is a guyed, monopole or self- by the agency for health care administration supporting structure, whether free standing or which provides a living environment for seven attached to another structure, containing one or (7) to fourteen (14) unrelated residents who more antennas intended for transmitting or receiv- operate as the functional equivalent of a family, Supp. No. 67 2481 §45-2 NORTH PALM BEACH CODE including such supervision and care by sup- front wall of the main building. No such storage portive staff as may be necessary to meet the area shall be erected unless its construction physical, emotional, and social needs of the conforms to village ordinances. residents. Drug store is an establishment that combines Decorative post structure is the support base a pharmacy with the sale of products typically for a light fixture and shall comply with the associated with a convenience store, and provides following requirements: services such as photo processing or basic health (1) The installation of a decorative post assessments (such as vaccinations or minor structure shall comply with all village examinations). These uses are subject to building, electrical and zoning codes. additional regulations regarding the dispensing of controlled substances set forth in section (2) Free standing. 45-36.T of this chapter. (3) Conform with the architectural design of Dwelling is any building or structure designed the main building veneer. exclusively for residential occupancy. A dwelling (4) May be located within the main building may be designed for one-family, two-family or setback areas. multiple-family occupancy, but not including hotels, clubs, motels, boarding or lodging houses (5) Not more than two (2) decorative post or house trailers whether such trailers be mobile structures per driveway entrance and or located in stationary fashion as when on not more than four (4) decorative post blocks or other foundation. structures per lot. Dwelling unit is a single unit providing (6) Not more than thirty(30)inches in width complete, independent living facilities for one (1) and depth and/or diameter. or more persons including permanent provisions (7) Not less than eighteen(18)inches setback for living, sleeping, eating, cooking and sanita- from any lot line. tion. (8) Not more than thirty six (36) inches in Family shall mean one (1) or more persons height without a fixture. Exception: Not living in the same single or multiple family more than seventy-two (72) inches in dwelling as a single housekeeping unit sharing height without a fixture when setback a common living, sleeping, cooking and/or eating minimum of thirty-five (35)feet from any facilities, all of whom are related by blood, side lot line or rear lot line on corner lots marriage or adoption, or a group of persons all of and not less than thirty-six (36) inches whom are not so related which does not exceed from any public right-of-way. three (3) unrelated persons in number. This term shall not include the occupants of a com- Detached fence storage area is a storage area munity residential home or an assisted living attached to a fence erected on the property line facility. in conformance with fence requirements of the North Palm Beach Code. Such storage area shall Family day care home is an occupied residence not exceed three (3)feet in depth nor be longer or in which child care is regularly provided for five higher than the fence to which it is attached. (5) or fewer preschool children from more than Said storage area shall be constructed of the one unrelated family and which receives a pay- same material, design and color as the fence to ment, fee or grant for any of the children receiv- which it is attached and the fence and storage ing care, whether or not operated for profit. The area shall be constructed of opaque materials maximum five(5)preschool children shall include which properly screen the interior of the storage preschool children living in the home and area from the view of the adjacent property preschool children received for day care and not owners. Detached fence storage areas shall not related to the resident caregiver. Elementary be erected closer to the street than the adjacent school siblings of the preschool children receiv- Supp. No. 67 2482 APPENDIX C—ZONING §45-2 ing day care may also receive day care outside of sory buildings with such open and parking spaces school hours provided the total number of children, as are required by the provisions of this ordinance, including the caregiver's own and those related and having its principal frontage upon a street. to the caregiver, does not exceed ten (10). Lot of record is a part of the land subdivision, Floor area is all usable floor space within the the map of which has been recorded in the office exterior walls of a structure. of the clerk of the court of Palm Beach County, Florida. Front, side and rear line of a building shall be Mechanical equipment means necessary or deemed and construed to include both the main portion of such structure and all projections accessory equipment mounted on or adjacent to a therefrom, including any garage, carport or an principal structure, including but not limited to extended roof beyond the normal eave or cornice central air conditioning equipment, ventilation forming a cover or roof over an entrance to such equipment,generators,heating equipment,anten- dwelling. Any awnings or shutters supported by nas, satellite dishes, refrigeration equipment, vertical posts, columns or pipes shall also household appliances, solar and conventional constitute the building line. The building line hot water heaters,elevator machinery and similar shall not include the eaves of such structures nor type equipment. any open terraces, stoops, steps, or planting Medical or dental office or clinic means a boxes which do not extend more than four(4)feet facility providing health care services to the above the level of the yard grade. public by physicians, dentists, chiropractors, osteopaths, physical therapists, nurses, Exception. Cantilevered canvas awnings may acupuncturists, podiatrists, optometrists, extend no more than eight (8) feet into the psychiatrists or others who are duly licensed to required front, side or rear setback and shall be practice their respective medical or dental profes- set back two (2) feet from the side property line. sion in the State of Florida, as well as those Front yard is that area between the front technicians and assistants who are acting under building line and the front line of the lot, and the supervision and control of a licensed health extending from one (1) side line to the other. care practitioner. These uses shall not include establishments where patients are lodged Lamp post is a free standing structure that is overnight and are subject to additional regula- not more than four(4)inches in width and depth tions regarding the dispensing of controlled and/or diameter and not more than eighty-four substances set forth in section 45-36.5 of this chapter. (84) inches in height. The installation of a lamp post shall comply with all village building,electri- Medical marijuana treatment center dispens- cal and zoning codes. A lamp post may be ing facility. A retail facility established by a installed within the main building setback area. licensed medical marijuana treatment center that sells or dispenses marijuana, products Living area is that area within any dwelling containing marijuana, or related supplies, but or rooming unit, measured between the inner does not engage in any other activity related to sides of the exterior walls, made usable for the preparation, wholesale storage, distribution, human habitation, with the following excep- transfer, cultivation, or processing of any form of tions: Any utility room or storage space that is marijuana, marijuana products, or related sup- not accessible from within the principal structure; plies. all common corridors, hallways or exits provided for access or vertical travel between stories of Mixed-use commercial means a combination of apartments of multifamily units. retail commercial and non-retail commercial busi- nesses where non-retail tenants comprise fifty Lot is a parcel of land occupied or to be (50) percent or more of the gross floor area. Any occupied by one (1) main building and its acces- combination of retail and non-retail businesses Supp. No. 67 2483 §45-2 NORTH PALM BEACH CODE where the retail component comprises fifty (50) regulations regarding the dispensing of controlled percent or more of the gross floor area shall be substances set forth in section 45-36.T of this classified as a retail commercial facility. chapter. Mobile home park means a residential tenancy Principal building or structure is the building in which a mobile home is placed upon a rented or structure in which the principal use of the lot or leased lot in a park in which ten (10) or more is conducted. lots are offered for rent or lease. Principal use is the primary or predominant Motel is a group of two (2) or more attached, use of any lot. detached, or semidetached buildings containing guest rooms or apartments with automobile stor- Rear yard is that area between the rear age or parking space provided in connection building line and the rear lot line, and extending therewith, designed and used primarily by from one (1) side line to the other. On all lots the automobile transients. rear yard shall be in the rear of the front yard facing the street. Non-retail commercial means any business Resident of a community residential home classified as other than "retail trade" using the means any of the following: an aged person as Standard Industrial Code(S.I.C.)System,provided defined in F.S. ch. 400; a physically disabled or that such business is permitted by the Village handicapped person as defined in F.S. ch. 760; a Code of Ordinances. developmentally disabled person as defined in Occupied shall be deemed to include the words F.S. ch. 393; a nondangerous mentally ill person "arranged," "designed" or "intended to be as defined in F.S. ch. 394;or a child as defined in occupied." F.S. ch. 39. Residents, as defined in F.S. chapters 400, 760, 393 and 394, shall not reside in the Open-air pavilion means a detached ancillary same community residential home as a child as structure, open on all sides, with a partial to full defined in F.S. ch. 39. roof covering of some type used for recreation, Retail commercial means any business classi- entertainment, contemplation or meditation fied as a "retail trade" establishment using the purposes. This definition shall include all types Standard Industrial Code(S.I.C.)System,provided of chickee or tiki huts, pergolas, gazebos, and that such business is permitted by the Village other pavilion-type structures. Code of Ordinances. Personal care shall mean general responsibil- Satellite television antenna is an apparatus ity for the safety of the resident while inside a capable of receiving communications from a residential building. Personal care includes, but transmitter or a transmitter relay located in is not limited to,daily awareness of the resident's planetary orbit. Usable satellite signal is a functioning and whereabouts,making and remind- signal which, when viewed on a conventional ing a resident of appointments or providing television set, is at least equal in picture quality transportation, the ability and readiness for to that received from local commercial television intervention in the event of a resident experienc- stations or by way of cable television. Satellite ing a crisis, and/or supervision in the areas of dish antennas may be erected as an accessory nutrition and medication. structure in R-1 and R-2 zoning districts, subject Pharmacy is an establishment primarily to the following restrictions: engaged in the retail sale of a variety of prescrip- (1) The satellite television antenna shall be tion and non-prescription drugs and medicines, mounted on the ground only, and shall be prosthetic supplies, surgical instruments and located only in the rear yard of any lot. supplies, and sale and/or rental of aids for The satellite television antenna shall be invalids. These uses are subject to additional placed so that there shall be a rear and Supp. No. 67 2484 APPENDIX C—ZONING §45-2 side yard of not less than five (5) feet, or next above it, or, if there be no floor above it, if a corner lot, a side street yard of not then the space between any floor and the ceiling less than twenty (20) feet. next above it. (2) Such antenna shall not exceed fifteen Street is any public or private thoroughfare (15)feet in height,including any platform which affords the principal means of access to or structure upon which said antenna is abutting property. It may be designated on the mounted or affixed. Such antenna may map as a street, avenue, boulevard, drive, place, not exceed fifteen (15) feet in diameter. court, road, terrace, way, circle, lane, walk, path (3) Installation of a satellite television or otherwise. antenna shall comply with the village Structure is anything constructed or erected building codes, electrical codes, zoning with a fixed location on the ground, or attached codes and other village codes that may to something having a fixed location on the apply thereto. ground. (4) Not more than one (1) satellite television Time-share unit is a dwelling unit in which antenna shall be allowed on any lot. the right of use or occupancy circulates among various persons for specific periods of time less (5) Satellite television antennas shall meet than one (1)year in accordance with a fixed time all manufacturer specifications, be of schedule. noncombustible and corrosive-resistant material, and be erected in a secure, Traditional chickee but means a type of chic- wind-resistant manner. Every such kee but that consists solely of an open-sided antenna must be adequately grounded Wooden but with a thatched roof of palm or for protection against a direct strike of palmetto or other traditional materials constructed lightning. by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida and that does not (6) Satellite television antenna shall be incorporate any electrical, plumbing or other screened from all adjoining private non-wood features. property by an opaque fence, an opaque wall or by natural landscape planting so Transient commercial means any one, or a planted as to provide maximum opacity combination of the following businesses oriented that is a minimum of six(6)feet in height to serving either village residents or the motor- from grade. ing public (i.e. in transit through or visiting the area); (1) the sale of fuel, convenience goods Setback means the distance measured from a and/or minor vehicular repair services; (2) hotel side, rear and front lot line or from the currently and/or motel accommodations; (3) restaurant designated ultimate right-of-way line(i.e.,federal, facilities; (4)florist, tobacco store and stand, and state, county and village) to the closest point hobbies, toys and games. within the lot that may be occupied by a building Used shall be deemed to include the words or an accessory structure. Front setbacks shall "arranged," "designed" or "intended to be used." be based on the platted front line of the property or on the ultimate right-of-way line as determined Yard is the open space on the same lot with by the village. the main building, unoccupied and unobstructed from the ground upward. Side yard is that area between the side build- ing line and the side line of the lot and extending Xeriscape means a method of water conserva- from the front building line to the rear building tion gained through the utilization of trees, line. shrubs,vines,plants,groundcover and turf grasses which are drought tolerant. The implementation Story is that portion of a building between the of appropriate planning and design, use of soil surface of any floor and the surface of the floor amendments, efficient irrigation, practical turf Supp. No. 67 2485 §45-2 NORTH PALM BEACH CODE grass, use of drought tolerant plants, mulches Sec. 45-6. Penalty for violation of provi- and appropriate maintenance results in reduced sions. water consumption but still provides a very wide Any person who shall violate any of the provi- range of attractive landscaping alternatives. Bions of this ordinance or fail to comply therewith (Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82; or with any of the requirements thereof, or who Ord. No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1, shall build or alter any building in violation of 6-28-90; Ord. No. 21-90, § 1, 6-28-90; Ord. No. any detailed statement or plan submitted and 23-90, § 1, 6-28-90; Ord. No. 10-95, § 1, 3-23-95; approved thereunder, upon conviction thereof Ord. No. 23-95, § 1, 7-17-95;Ord. No. 29-95, § 1, shall be punished as provided in section 1-8 [of 9-28-95; Ord. No. 4-98, § 1, 1-2-98; Ord. No. the village Code], and each day such violation 05-2001, § 1, 3-8-01; Ord. No. 26-2001, § 1, shall be permitted to exist shall constitute a 8-23-01;Ord. No. 2009-04, § 2, 4-23-09;Ord. No. separate offense. The owner or owners of any 2010-21, § 4, 11-18-10; Ord. No. 2011-02, § 2, buildings or premises or part thereof, where 2-10-11;Ord. No. 2012-03, § 2, 3-22-12;Ord. No. anything in violation of this ordinance shall be 2015-10, § 2, 6-11-15; Ord. No. 2017-21, § 2, placed, or shall exist, and any architect, builder, 12-14-17; Ord. No. 2017-22, § 2, 12-14-17) contractor,agent,person or corporation employed Cross reference-Definitions for Code in general, § 1-2. in connection therewith Shall each be guilty of a separate offense and upon conviction thereof Sec. 45-3. Interpretation of provisions. shall be punished as provided in section 1-8. In interpreting and applying the provisions of Secs. 45-7-45-15. Reserved. this ordinance, they shall be held to be the minimum requirements for the promotion of the ARTICLE II. GENERALLY public health, safety, morals and general welfare of the community. Sec. 45-16. Division of village into districts; districts enumerated. Sec. 45-4. Conflict of provisions. In order to classify, regulate and restrict the (1) It is not intended by this ordinance to uses of land and buildings,the height and bulk of interfere with or abrogate or annul any ease- buildings, the amount of open spaces about ments, covenants or other agreements between buildings, intensity of land use, the Village of North Palm Beach,Florida is divided into twelve parties. (12) zoning districts, as follows: (2) That where this ordinance imposes a R-1 Single-family dwelling district greater restriction upon the use of buildings or R-2 Multiple-family dwelling district premises, or upon the height of buildings, or R-3 Apartment dwelling district requires larger open spaces than are imposed or C-A Commercial district required by other ordinances, rules, regulations C-1A Limited commercial district or by easements, covenants, or agreements, the CB Commercial district provisions of this ordinance shall control. C-1 Neighborhood commercial district C-2 Automotive commercial district Sec. 45-5. Changes and amendments. C-3 Regional business district P Public district The village council may, from time to time, on C-OS Conservation and open space its own motion or on petition, amend, supple- CC Transitional commercial district ment, change, modify or repeal by ordinance the In the creation of this ordinance of the respec- boundaries or districts or regulations or restric- tive districts, the village council has given due tions herein established, after public hearing. and careful consideration to the peculiar suit- Supp. No. 67 2486 APPENDIX C—ZONING §45-16.1 ability of each district for the particular uses and Such conditions may include restrictions on the regulations applied thereto and to the densities size and operating hours of the proposed use. of population, all in accordance with the comprehensive development plan of the village. (f) If the conditions imposed by the special use permit are not met, the community develop- (Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, ment director may revoke the permit. A permit § 1, 9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ordholder may appeal the revocation of a special use No. 1-95, § 1, 3-23-95; Ord. No. 33-97, § 1, permit 7-10-97) Sec. 45-16.1. Similar uses. (a) A use within a commercial zoning district not specifically listed as a permitted use, but possessing characteristics similar to a permitted use,may be established upon written application to the community development director for a special use permit. (b) In evaluating an application for a special use permit for the establishment of a similar use, the community development director shall, in consultation with other village departments, consider the characteristics of the proposed use, including, but not limited to, size, intensity, density, operating hours, demands for public facilities, traffic impacts and business practices. (c) Upon review and evaluation of the applica- tion, the community development director shall present his or her recommendation to the village council for final consideration on the next avail- able council agenda. (d) The village council shall conduct a public hearing on the application for special use permit and determine whether the application meets the criteria set forth in subsection (b) above. The village council shall grant or deny the applica- tion by written order. (e) In granting a special use permit, the vil- lage council may impose conditions necessary to ensure that the proposed use: (1) Is compatible with the existing or planned character of the neighborhood in which it would be located; (2) Will not have an adverse impact upon adjacent properties; and (3) Will not interfere with the use of adjacent properties. Supp. No. 67 2486.1 APPENDIX C—ZONING §45-25 (4) The applicant must to the fullest extent emergency generator. Existing automotive service practicable, demonstrate to the village stations shall be required to install permanent that the antenna tower and accessory emergency generators whenever such service equipment buildings will be screened station is rebuilt after being destroyed to an from view by architectural features, extent of more than fifty (50) percent of its landscaping, existing natural vegetation, assessed value or whenever a revised site plan or will be aesthetically designed to blend for such service station is submitted for approval into and harmonize with the area or which enlarges upon or alters in any way the location surrounding the antenna or original site plan for that service station. All antenna tower site in accordance with others shall have a transfer installed within two the village of North Palm Beach Appear- (2) years of the passage of this section, to allow ante Plan. for a portable generator to be easily connected to (5) Antenna or antenna towers shall not be the service station. For the purposes of this artificially lighted except as required for section, an automotive service station means any public safety purposes, or by the Federal commercial establishment engaged in the retail Aviation Administration (FAA). Signage sale of gasoline. shall not be allowed except as required (Ord. No. 2006-22, § 2, 9-14-06) for public safety purposes, or by the Federal Communications Commission Sec. 45-24. Group living facilities. (FCC). All community residences providing personal (6) To the extent not in conflict with the care, community residential homes, and assisted provisions described above, any proposed living facilities shall be required to obtain a antenna or tower or accessory equipment business tax receipt from the village in accordance building will be subject to all applicable with the provisions of chapter 15 of this Code village codes and regulations. and are subject to the annual fire safety inspec- (Ord. No. 12-97, § 1, 2-27-97; Ord. No. 2015-11, tion set forth in section 12-17 of this Code. § 3, 6-25-15) (Ord. No. 2017-22, § 2, 12-14-17) Editor's note—Section 45-21,relative to oceanfront land in the R-1 district,has been repealed by Ord. No. 4-82, § 1, Sec. 45-25. Reasonable accommodation enacted Jan. 28, 1982. The former section did not bear a history note. Subsequently,Ord. No. 12-97,§ 1,adopted Feb. procedure. 27, 1997 added new provisions pertaining to telecommunica- tions antenna and antenna towers as herein set out. (a) Purpose and general provisions. Sec. 45-22. Oceanfront land—Ocean (1) This procedure addresses requests for reasonable accommodation to the Vil- setback. lage's zoning or land development There shall be a building setback line of not ordinances,rules,policies,and procedures less than fifty(50)feet from the dune line, or one for persons with disabilities and facili- hundred (100) feet from the highwater line, ties serving them as provided by the whichever distance is greater, for all property Federal Fair Housing Amendments Act bordering on the Atlantic Ocean. The measure- (42 U.S.C. 3601 et seq.) ("FHA"), Title 11 ment of the setback from the dune line and the of the Americans with Disabilities Act highwater line shall be to the closest edge of any (42 U.S.C. Section 12131 et seq.)("ADA"), building to be constructed on the Atlantic and other applicable state and federal oceanfront. regulations. (Ord. No. 23-72, § 1) (2) The following general provisions shall be Sec. 45-23. Emergency generators required applicable: for automotive service stations. a. The Village shall display a notice in All newly constructed automotive service sta- the Village's public notice bulletin tions shall have a permanently installed board (and shall maintain copies Supp. No. 67 2488.7 §45-25 NORTH PALM BEACH CODE available for review in the Village ing community residence so that Clerk's Office) advising the public the proposed community residence that disabled individuals and qualify- neither lessens nor interferes with ing entities may request reasonable the normalization and community accommodation as provided herein. integration of the residents of exist- b. A disabled individual or qualifying ing community residences and does entity may apply for a reasonable not, taking into account existing accommodation on his/her or its own community residences,contribute to behalf or may be represented at all the creation or intensification of a stages of the reasonable accommoda- de facto social service district. tion process by a person designated b. The community residence operates in writing by the disabled individual as the functional equivalent of a or qualifying entity. family that fosters normalization C. The Village shall provide assistance and community integration of its and accommodation as is required residents. pursuant to the FHA and ADA in C. The community residence operates connection with a disabled person's in a manner consistent with state request for reasonable accommoda- licensing or certification standards tion, including, without limitation, for recovery residences and affords assistance with reading application the individuals with disabilities questions, responding to questions, residing therein sufficient protec- and completing the necessary forms tion from abuse, exploitation,fraud, to ensure the process is accessible. theft, insufficient support, use of (b) Definitions. For purposes of this chapter, a illegal drugs or alcohol, and misuse "disabled" individual or person is an individual of prescription medications. that qualifies as disabled and/or handicapped under the FHA, ADA or other state and federal (3) The Community Development Director, regulation. Any person who is disabled ora or his/her designee,shall have the author- qualifying entity serving disabled persons may ity to consider and make a recommenda- request areasonable accommodation with respect tion to the Village Council on requests Com- to the Village's land use or zoning laws, rules, for reasonable accommodation. The Com- policies, practices and/or procedures as provided munity Development Director, or his/her by the FHA, ADA and other state and local designee, shall issue a written recom- regulations pursuant to the procedures set out mendation within forty-five(45)calendar herein. days of the date of receipt of a completed application and may recommend: (c) Procedure. (1) A request by an applicant for reasonable a. Granting the accommodation request; accommodation shall be made in writing by completion of a reasonable accommoda- b. Granting a portion of the request tion request form. The form shall be and denying a portion of the request, maintained by, and shall be submitted to, and/or imposing conditions upon the the Community Development Depart- ment. C. Denying the request. (2) All applications for a community residence If reasonably necessary to reach a recom- not licensed or certified by any state mendation on the request for reasonable agency shall demonstrate that it meets accommodation,the Community Develop- each of the following: ment Director, or his/her designee, may, a. The community residence is located prior to the end of said 45-day period, a sufficient distance from any exist- request additional information from the Supp. No. 67 2488.8 APPENDIX C—ZONING §45-25 requesting party, specifying in sufficient modification or rejecting the Community detail what information is required. The Development Director's written recom- requesting party shall have fifteen (15) mendation calendar days after the date of the request The notice of determination shall be sent for additional information to provide the to the requesting party (i.e., the disabled requested information. In the event a individual, the qualifying entity or the request for additional information is made, individual's or entity's representative)by the 45-day period to issue a written certified mail, return receipt requested. recommendation shall no longer be Notice shall be deemed complete when applicable, and the Community Develop- deposited in the U.S. Mail. ment Director, or his/her designee, shall issue a written recommendation within (4) In determining whether the reasonable thirty (30) calendar days after receipt of accommodation request shall be granted the additional information. If the request- or denied, the requesting party shall be ing party fails to provide the requested required to establish that they are protected under the FHA, ADA or other additional information within said 15-day applicable state or federal regulation by period, the Community Development demonstrating that they are handicapped Director, or his/her designee, shall issue or disabled, as defined in the FHA, ADA a written notice advising that the request- or other state or federal regulation. ing party has failed to timely submit the Although the definition of disability is additional information, and therefore the subject to judicial interpretation, for request for reasonable accommodation purposes of this section the disabled shall be deemed abandoned and/or individual must show: withdrawn and no further action by the Village with regard to said reasonable a. A physical or mental impairment which substantially limits one (1)or accommodation request shall be required. more major life activities; and Once the written recommendation is b. A record of having such impair- complete, the Community Development ment; or Director shall request that the Village Manager place the matter on the next C. That they are regarded as having available Village Council agenda. Along such impairment. with the written recommendation, the The requesting party shall further Community Development Director shall demonstrate that the proposed accom- provide the Village Council with copies of modations being sought are reasonable all materials considered by the Com- and necessary to afford handicapped/ munity Development Director, including, disabled persons equal opportunity to but not limited to, all materials submit- use and enjoy housing. The foregoing(as ted by the requesting party. Other than interpreted by the courts), as well as the public comment, no testimony or applicant's ability to demonstrate compli- additional evidence shall be submitted to ance with the requirements set forth in the Village Council at the public meet- subsection(c)(2)above(where applicable) ing. The Village Council shall, after due shall be the basis for the Community consideration of the Community Develop- Development Directors recommendation ment Director's written recommendation and the Village's Council determination and all other materials submitted and on the reasonable accommodation request. considered by the Community Develop- (5) While an application for reasonable accom- ment Director, enter a final written modation is pending before the Village, determination accepting, accepting with the Village will not enforce the subject Supp. No. 67 2488.9 §45-25 NORTH PALM BEACH CODE zoning or land development ordinance, 9. Decorative post structure. rule, policy, or procedure against the requesting party. B. Building height regulations. No main build- ing shall exceed two (2) stories in height and no (d) Fee. There shall be no fee imposed by the accessory building more than one (1) story. Village in connection with a request for reason- able accommodation under this section or an C. Building site area regulations. The minimum appeal of a determination, and the Village shall lot or building site area for each single-family have no obligation to pay a requesting party's (or dwelling shall be seven thousand five hundred an appealing party's) attorneys' fees or costs in (7,500) square feet and have a width of not less connection with a request or an appeal. than seventy-five (75) feet, measured at the (Ord. No. 2017-22, § 2, 12-14-17) building line. Sec. 45-26. Reserved. D. Yard space regulations. 1. Front yard. There shall be a front yard of not less than twenty-five (25) feet ARTICLE III. DISTRICT REGULATIONS* measured from the street line to the front building line. Sec. 45-27. R-1 single-family dwelling district. 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured A. Uses permitted. Within any R-1 single- from the rear building line to the rear lot family dwelling district no building, structure, line. land or water shall be used except for one (1) or more of the following uses: 3. Side yards. There shall be a side yard on each side of the side building line of not 1. Single-family dwellings with accessory less than ten (10) feet. In the case of buildings customarily incident thereto, corner lots, no building and no addition subject to each of the requirements set to any building shall be erected or placed forth in this section and throughout this nearer than twenty (20) feet to the side chapter. street line of any such lot. 2. Public schools. (a) For a distance of one block on streets 3. Parks and recreation facilities owned or intersecting U.S. #1,measured from leased by or operated under the supervi- the right-of-way line of said U.S. #1, sion of the Village of North Palm Beach. side yards of at least twenty-five (25) feet in depth shall be provided. 4. Detached fence storage areas. E. Off street parking regulations. At least one 5. Satellite dish antenna. parking space measuring at least nine (9)feet by 6. Community residential homes. Com- eighteen (18) feet (one hundred sixty-two (162) munity residential homes of six (6) or square feet)shall be provided. All parking spaces fewer residents which otherwise meet shall consist of a durable surfaced area as the definition of a community residential approved by the community development direc- home, provided that such homes shall tor, and may be enclosed in the dwelling, in an not be located within a radius of one accessory building or in an unenclosed area or a thousand (1,000) feet of another existing driveway. All vehicles parking on a lot must be such home with six(6)or fewer residents. parked on a durable surface. 7. Family day care home. F. Accessory structures. One detached 8. Lamp post. automobile garage and one open-air pavilion may be constructed on any lot within the R-1 *Cross reference—Home occupations, § 17-2. single-family dwelling district provided that all Supp. No. 67 2488.10 APPENDIX C-ZONING §45-27 requirements of this chapter are met. Open air pavilions shall be subject to the following additional conditions and restrictions: 1. Permitting. (a) All open-air pavilions must be permitted in accordance with all Florida Building Code and Village Code requirements. (b) Open-air pavilions meeting the definition of a traditional chickee but are exempt from the Florida Building Code but shall be subject to consistency review by the village. Consistency shall be demonstrated through the issuance of a zoning permit and shall require the submit- tal of the following information: (1) A survey that includes scaled dimensions of the proposed structure, including setbacks; (2) Proof that the builder of the chickee but is a member of either the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida(such proof consisting of a copy of the trial member's identifica- tion card); and (3) Drawings of the proposed structure depicting, at a minimum, the overall design, dimensions,roof materials,and height. 2. Dimensions. Open-air pavilions shall not exceed two hundred (200) square feet in floor area. The floor area shall be measured from outside the support posts, provided that the roof overhang does not exceed three (3) feet from the support posts. If the roof overhang exceeds three (3) feet, the floor area shall consist of the Supp. No. 67 2488.11 APPENDIX C—ZONING §45-36 building permit in no way offsets the F. No business, professional, or commercial deed covenants, and that the applicant activity shall be conducted upon any should also check the deed covenants to portion of real property zoned R-1 single- protect himself family dwelling district, R-2 multiple- family dwelling district and R-3 apartment D-1. On vacant lots adjacent to any water- dwelling district or within any dwelling body, a non-opaque galvanized metal, thereon or upon a dock, pier or other wrought-iron or chain link fence no greater waterside structure appurtenant thereto than four (4) feet in height may be and attached to such real property, other constructed within five (5) feet of the than as provided by section 17-2. seawall or bulkhead line to restrict access to the waterbody from the vacant lot. G. In all multifamily residential buildings Chain link fences may also be vinyl two (2) stories or greater in height, and coated. in all commercial buildings over four (4) stories in height,which are not equipped D-2. Where a parcel within a residential zoning with elevators provided with standby district abuts a parcel within a com- emergency power and having minimum mercial or industrial zoning district, a cab dimensions which will permit the use wall or fence not exceeding six (6) feet in of the elevator cab by normal size height may be erected along the side emergency ambulance stretchers, and in property line between the front yard all commercial buildings two (2) stories setback and the street line provided that to four(4) stories in height which are not such wall or fence is set back at least equipped with elevators having minimum three (3)feet from the front property line cab dimensions which will permit the use or as otherwise required to comply with of the elevator cab by normal size the sight triangle and clear zone require- emergency stretchers, there shall be a ments of the Florida Department of minimum of one (1) access stairway serv- Transportation's Manual of Uniform ing every story. Such stairway shall have Minimum Standards for Design,Construc- the following minimum dimensions: tion, and Maintenance of Streets and Highways, whichever is greater. (1) Minimum width of stairway to be five (5) feet. D-3. The restrictions on the height of walls (2) Minimum dimensions of all land- and fences set forth in this section shall ings to be ten (10) feet by six (6) not apply to properties within the Public feet, six (6) inches. (P) zoning district where the Village Council determines, in the exercise of its H. Patios connected to the rear of a dwelling discretion,that a greater height is neces- unit may be enclosed by screening sary to protect the public health, safety provided there shall be a rear yard of not or welfare. less than fifteen (15) feet measured from the rear of the screened enclosure to the E. In the event one(1)lot,or portion thereof, rear lot line. and the whole or a portion of a contigu- ous lot, all in one (1) ownership, shall be I. There shall be a front yard of not less used as one (1) building site for one (1) than forty (40) feet measured from the residence building, and its appurtenant street line to the front building line in outbuildings permitted by this ordinance, the case of Lots 11 to 35 inclusive, Block then while so owned and used the side 3, as shown on the plat of Village of lines and rear line of such site shall be North Palm Beach, Plat 1, recorded in deemed to be the side and rear lot lines of plat book 24, page 205, Public Records of such sites. Palm Beach County, Florida. Supp. No. 67 2512.1 §45-36 NORTH PALM BEACH CODE J. Whenever, by this ordinance, off-street lage of North Palm Beach, including parking is required in any commercial zoning districts R-1,MA,R-3,GA,GIA, district or in any R-3 apartment dwelling C-1 and C-2; provided, however, that a district, no such parking facilities shall carnival, fair or circus may be carried by be hereafter constructed until a permit a nonprofit organization to collect funds therefor shall have been issued by the to further the purposes of such organiza- building inspector, and until the plans tion at the premises where the organiza- and specifications therefor are such that: tion is located within the Village of North a. Such off-street parking area is Palm Beach. No such carnival, fair or designed with appropriate means of circus shall extend for more than three vehicular access to a public street or (3)consecutive days,and no such carnival, alley. fair or circus may be open to the public b. Such off-street parking area is between the hours of 10:00 p.m. and designed with appropriate vehicular 10:00 a.m. during any day. A permit for maneuvering areas. such permitted carnival, fair or circus C. Such off-street parking area is paved must be obtained from the office of the with an asphaltic or concrete surfac- village manager. There will be no charge ing, or other material designed to or fee for such permit. prevent dust. L. No gasoline or oil filling stations and no d. Such off-street parking area is so service station shall be erected within constructed,graded and surfaced as five hundred (500) feet of any church, to prevent surface water from drain- hospital, school or other similar institu- ing onto public right-of-way, or on tion where large numbers of pedestrians adjoining properties, the outlets for congregate,nor within five hundred(500) such surface waters to be connected feet of the location in said village of directly or indirectly to storm sewer conduits terminating in existing another gasoline or oil filling station or publicly controlled waterways or in service station. No church,hospital,school other seepage areas approved by or similar institution where large numbers the building department. of pedestrians congregate shall locate or operate within five hundred (500) feet of e. Such off-street parking areas shall any gasoline or oil filling station or service be used for vehicular traffic only, station. with no sales, dead storage, repair work, dismantling or servicing of The method of measurement that shall any kind unless expressly permit- apply in such cases shall be by measure- ted by the zoning of the district in ment of the airline distance made or question. taken from the nearest boundary of the f. If lighting of such areas is to be lot or premises of a gasoline or oil filling provided, the plans therefor shall station or service station to the nearest be such that such lighting shall boundary of the lot or premises of a reflect away from any public street church, hospital, school or other similar and at such an angle as to prevent institution. glare or undue illumination of residential properties in the M. Building height regulations. neighborhood. (1) Within the area of the Village of K. No carnival, fair, amusement park or North Palm Beach which lies north circus shall be carried on in any residential of the Intracoastal Waterway and or commercial zoning district in the Vil- west of U.S. Highway No. 1, no Supp. No. 67 2512.2 APPENDIX C—ZONING §45-36 building or structure shall exceed place of business of another licensed sixteen (16) stories or one hundred retail seller of alcoholic beverages, sixty (160) feet. to the main front entrance of the (2) Within the area of the Village of applicant's proposed place of busi- North Palm Beach which lies north ness along the route of ordinary of the Intracoastal Waterway and pedestrian traffic. east of U.S. Highway No. 1, no (3) The restrictions of subsection N.(1) building or structure shall exceed shall not apply to the sale of beer, twenty-two (22) stories or two ale or wine at retail, not to be hundred twenty (220) feet. consumed on the premises. (3) Within the area of the Village of North Palm Beach which lies south (4) The restrictions of subsection N.(1) of the Intracoastal Waterway and pertaining to distances from other east of U.S. Highway No. 1, no licensed sellers of alcoholic bever- building or structure shall exceed ages shall not apply to: four (4) stories or forty (40) feet. a. Any bona fide restaurant (4) Within the area of the Village of operating under a Florida North Palm Beach which lies south 4-COP-SRX license as a and west of the Intracoastal restaurant with full kitchenfacilities, and fifty-one (51) Waterway and west of U.S. Highway No. 1, no building or structure shall percent or more of the gross exceed four (4) stories or forty (40) sales are derived from the sale feet. of food and non-alcoholic bever- ages (alcoholic beverages are N. Location of business for retail sales of to be served only when the alcoholic beverages. restaurant is open for the sale (1) No licensed retail sales of alcoholic and service of food); beverages shall be carried on where b. Any bona fide restaurant the proposed place of business is operating under a Florida within one thousand (1,000) feet of 2-COP license as a restaurant a church or other place of worship, with full kitchen facilities public or private school, hospital, where: park or playground, or a place of business of another licensed retail (i) the entire restaurant, seller of alcoholic beverages;provided including, but not limited further, that no licensed retail sales kitchen facilities,work an of alcoholic beverages shall be car- and storage areas, rest- of on in the C-3, Regional Busi- rooms and eating areas, consists of at least two ness District, where the proposed thousand (2,000) square place of business is within five feet; and hundred (500) feet of a church, synagogue, temple or other place of (ii) Alcoholic beverages are worship. served for on premises (2) The measurements provided above consumption only when shall be made or taken from the the restaurant is open for the sale and service of main front entrance or entrances of food. such church or other place of wor- ship, public or private school, (5) Nothing in subsection N.(1) shall hospital, park or playground, or a prohibit the conduct of licensed retail Supp. No. 67 2512.2.1 §45-36 NORTH PALM BEACH CODE sales of alcoholic beverages within C. The outdoor seating can be one thousand (1,000) feet of the accommodated without imped- North Palm Beach Country Club. ing the access of the general (6) Churches and other houses of wor- public, including persons with ship, public and private schools, disabilities, to the portion of hospitals, parks, and playgrounds the food service establishment may locate and operate within one which is located inside the thousand (1,000) feet of an existing building, or to any other com- business licensed for the retail sale mercial business or other use. of alcoholic beverages, and, in such d. The outdoor seating can be event,the existing business engaged accommodated without creat- in the licensed retail sale of alcoholic ing a need for additional park- beverages shall not be in violation ing spaces which could not be of section 45-36N.(1). provided on the same site as O. Xeriscape landscaping practices. Proper- the building for which the ties within all zoning districts are encour- outdoor seating would be an aged to utilize xeriscape landscaping accessory use or would create practices to simultaneously enhance the a non-conforming status for appearance of the property while requir- existing parking provided for ing less water and energy. Xeriscape such building. practices in the village shall be based on e. No outdoor seating shall be the latest published South Florida Water Management District xeriscape manual. permitted for adult entertain- ment establishments. P. Maximum floor-area ratio. Maximum gross floor area ratios for commercial (2) Permitting process. An applicant for development within the area of the vil- approval of outdoor seating shall lage defined by PGA Boulevard on the include the proposed outdoor seat- north, Lake Worth on the east and the ing as part of an overall application Intracoastal Waterway on the south and for a building permit and/or west shall be limited as follows: retail - certificate of appropriateness or shall 0.25;professional office-0.35;and mixed- seek amendment of an existing build- use - 0.35. ing permit and/or certificate of Q. Outdoor seating. appropriateness to allow for outdoor seating, pursuant to the applicable (1) Applicability. Outdoor seating shall provisions of this Code. Every be permitted as an accessory use to application involving outdoor Beat- a building in which a food service ing shall include the following, in establishment is operated, provided addition to and not in place of that: anything else which may otherwise a. The outdoor seating area is be required by any other provision adjacent to that portion of the of this Code: food service establishment a. A site plan, drawn to scale, which is inside the building. which shows at least the build- b. The outdoor seating is located ing for which outdoor seating on property which is either will be an accessory use; the owned or leased by the adjacent location of the food service food service establishment or establishment which will use the landlord of such food service the outdoor seating; the loca- establishment. tion of the outdoor seating and Supp. No. 67 2512.2.2 APPENDIX C—ZONING §45-36 all related fencing screening, or dividing materials;the loca- tion Supp. No. 67 2512.2.3 APPENDIX C—ZONING §45-36 by requesting a hearing before the name, address and the code enforcement special telephone number of the person magistrate. or firm engaged in the busi- d. Not more than one permit, per ness of renting or providing calendar year, for a portable the container or dumpster. storage container or a roll-off e. No flammable or hazardous dumpster shall be issued by materials may be placed,stored the village to the same occupant or kept in any portable storage of any property, or in the case container or roll-off dumpster. of multi-family residential f. The portable storage container property with more than one or roll-off dumpster must be unit, the same occupant of any owned or leased by the occupant unit. of the property and may not be used for living or sleeping (6) Additional requirements. purposes or for any use other a. No storage container or roll-off than storage or disposal of dumpster shall exceed the construction debris. height of the roofline of the (7) Severe weather conditions. principal building or structure a. Upon the issuance of a tropical located on the property. storm watch and/or a hur- b. No portable storage container ricane watch by the National or roll-off dumpster shall be Weather Service, the occupant located within a utility ease- of the property on which a ment,drainage easement,right- portable storage container or of-way, front yard area, alley roll-off dumpster is located shall right-of-way or street right-of- use every reasonable and best way. Notwithstanding the effort to remove, or to arrange foregoing, a portable storage for the removal of,the portable container or roll-off dumpster storage container or roll-off shall be placed on the driveway dumpster from the property. or designated parking area in b. In the event removal is not the R-1 or R-2 zoning districts possible, the storage container unless otherwise approved by or the roll-off dumpster and its the community development contents, shall be secured department. against windloads of up to one hundred and fifty (150) miles C. No portable storage container per hour. or roll-off dumpster shall be C. The occupant of a property upon stored within a required side which a portable storage yard setback between a build- container or roll-off dumpster ing and an adjacent street or is located shall be subject to property line. For non- civil liability and/or code residential properties, no enforcement action for dam- portable storage container or roll-off dumpster shall be ages and/or code violations located in any required caused by an unsecured portable storage container or landscape or buffer area. roll-off dumpster and its d. No portable storage container contents. or roll-off dumpster shall (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. contain any signage other then No. 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. Supp. No. 67 2512.9 0fo-3V NORTH PALM BEACH CODE 11-75, § l, 9-11-75; Ord. No. 2-76, 0 l, 2-26-76; may be comprised ofindividual resources which Ord. No. 3-77, 0 l, 2-24-77; Ord. No. 15-85, 0 l, are separated geographically but one linked by 9-12-85; Ord. No. 21-90, 0 2, 6-28-90; Ord. No. association orhistory. 7-91` 0 l` 3-14-91` Ord. No. 20-95` 0 l` 7-27-95` 06�o� z�zuotmr�olt[6n�ofhznct�onol omotbmt�c Ord 2�o 3�-9S 0 l 8-��-9S� Ord 2�o 3-97 0 l Object. ` ` � � ` ` ` � � ` ` cultural, historical or scientific value that may 1-9-97; No. 12-97` 0§ 3` 4` 2-27-97; Ord. No. be, by movable, yet related too 2-98 0 l l-8-98� Ord 2�o S-99 0 l l-�8-99�Ord ' ` ` ` ` ` � � ` ` ` � specific setting or environment. No. 03-2002, 0 l, 2, 2-14-02; Ord. No. 04-2005, § l, 2-10-05; Ord. No. 2006-28, 0 ll, 12-14-06; Ordinary maintenance. Work which does not Ord. No. 2010-21, 0 5, 11-18-10; Ord. No. 2011- require o construction permit and that io done to 02, 0§ 3, 4, 2-10-11; Ord. No. 2011-09, 0 2, repair dorungm or to prevent deterioration or 5-26-11;Ord. No. 20l4-0l, 02, 1-23-14;Ord. No. decay ofobuilding orstructure orpart thereof oo 2015-20, 0 2, 11-12-15; Ord. No. 2017-23, 0 2, nearly oopracticable toits condition prior tothe 12-14-17) doznngm, deterioration, ordecay. Original appearance. That appearance(except Sec. 45-37. DD1atwr1u site overlay district. for color) which, to the satisfaction ofthe village A. Purpose. The historic site overlay district council, closely resembles the appearances of � is used to impose special development rmotric- mitbmr� tions on identified ormoo. The locations of this (l) The 8aotnrm on the building as it was overlay district are established by the Village originally built orwas likely tohave been based onthe need for special protective measures built, or at those locations. �bm historic o�tm overlay (2) The 8aotnrm on the building as it prmo- diotrictizupoomo different standards than those mntivmziot000longootbmprmomntoppmor- tbotwonldotbmrwiomopp}x ' ' oncmioappropriate, inthe opinion ofthe B. Definitions. [For purposes of this section, village council,tothe style and materials the following words oboD have the meaning ofthe building. ascribed to tbmzu in this onbomctiond C. Creation of local register ofhistoric sites. A local register ofhistoric sites iobmrmbvcreated as Building. Aotrnctnrm created to shelter any ' Dbru of bnuon activity. This may refer to o o umono of identifying and classifying various house, born, garage, church, hotel, or similar o�tmo` buildings, structures, objects and districts structure. Buildings may refer to o historically oohistoric and/or architecturally significant. The local register will be kept by the director of or architecturally related complex, oncb oo municipal buildings, orohouse and barn. Park- community development. ing lots and garages are bmrmbv dmmzumd to be D. Initiation of placement on /000/ rogixtor. "buildings." Placement ofsites, buildings, structures, objects or districts onthe local register may bminitiated Co/toro/ roxooroo z� o�tm object, otrnctnrm � ` ' ` ` by the village council. In addition, placement building ordistrict listed inthe Village's register may bminitiated bvthe ovvnmrofthe site, build- of historic sites. ' �n�, otrnctnrm, obimctorormo; or, in the case ofo Demolition. The tearing down or razing of district,bvthe owner ofosite,building,structure, twenty-five (25) percent ormore ofootrnctnrm.o object or area within the proposed district. By external walls. adoption ofthis ordinance, those sites within the Village of North I'olzu Beach that have been District. A geographically definable area poo- classified as o "Florida historic site" by the omooing o significant concentration, linkage, or Division ofArchives,History and Records Manage- continuity of sites, buildings, structures, objects, zumnt, Florida Department of State, are bmrmbv orareas,which are united historically oromotbmti- placed onthe local register. collvbvplan orphysical development. Adiotrict Supp. No. 67 2512.10 APPENDIX C—ZONING §45-38 Food truck: A mobile food dispensing vehicle Medical and Dental Laboratory: A facility for that is self-propelled and capable of being moved the construction or repair of prosthetic devices or from place to place and where food and bever- medical testing exclusively on the written order ages are consumed off-premises. of a licensed member of the dental or medical Governmental Services: Buildings or facilities profession and not for the general public. owned or operated by a government entity and Medical or Dental Office: An establishment providing services for the public. Typical uses where patients, who are not lodged overnight, include administrative offices for government are admitted for examination or treatment by agencies, public libraries, police stations, public persons practicing any form of healing or health- utilities and public works facilities. building services whether such persons be medi- Instructional studio: A commercial establish- cal doctors,chiropractors,osteopaths,podiatrists, naturopaths, optometrists, dentists, or any such ment providing training or instruction for competi- profession, the practice of which is lawful in the tion in martial arts, exercise, gymnastics, or State of Florida. A pain management clinic shall related/similar activities. not be considered a medical or dental office. Kennel (Commercial):A commercial establish- Medical Marijuana Treatment Center: A facil- ment, including any building or land, used for ity licensed by the Florida Department of Health the training,boarding or grooming of domesticated to acquire, cultivate, possess, process (including animals (e.g. dogs and cats) for profit and not but not limited to development of related products necessarily owned by the occupants of the such as food, tinctures, aerosols, oils or oint- premises. ments), transfer, transport, store, or administer Landscape Service:An establishment engaged marijuana,products containing marijuana,related in the provision of landscape maintenance or supplies, or educational materials to qualifying installation services, such as lawn mowing, tree, patients or their caregivers, as authorized by shrub or hedge trimming,leaf blowing,landscape state law. A facility which provides retail sales or design, and landscape installation. dispensing of marijuana shall not be classified as a medical marijuana treatment center under Laundry Services: An establishment that this chapter, but shall be classified as a medical provides washing, drying, dry-cleaning, or iron- marijuana treatment center dispensing facility. ing machines for hire to be used by customers on the premises, or that is engaged in providing Medical Marijuana Treatment Center Dispens- laundry and dry cleaning services with customer ing Facility: A retail facility established by a drop-off and pick-up. licensed medical marijuana treatment center that sells or dispenses marijuana, products Machine or Welding Shop: A workshop where containing marijuana, or related supplies, but machines,machine parts,or other metal products does not engage in any other activity related to are fabricated. Typical uses include machine the preparation, wholesale storage, distribution, shops, welding shops and sheet metal shops. transfer, cultivation, or processing of any form of Manufacturing and Processing (Light): An marijuana, marijuana products, or related sup- establishment engaged in the manufacture, plies. predominately from previously prepared materi- Monument Sales, Retail: An establishment als, of finished products or parts, including primarily engaged in the retail sale of monu- processing, fabrication, assembly, treatment and ments, such as headstones, footstones, markers, packaging of such products, and incidental stor- statues, obelisks, cornerstones, gargoyles and age, sales and distribution of such products, but ledges,for placement on graves, including indoor excluding heavy industrial processing. Typical or outdoor storage. uses include factories, large-scale production, wholesale distribution, publishing and food Nursery, Retail or Wholesale: An establish- processing. ment offering the wholesale or retail sale of Supp. No. 67 2517 §45-38 NORTH PALM BEACH CODE horticultural specialties such as flowers, shrubs, Repair Services, Limited: An establishment sod,trees,mulch and accessory hardscape materi- engaged in the repair of personal apparel or als, such as decorative stones, intended for household appliances,furniture,and similar items, ornamental or landscaping purposes. excluding repair of motor vehicles. Typical uses Office, Business or Professional: An establish- include apparel repair and alterations, small ment providing executive, management, appliance repair, small motor repair (including administrative, or professional services, but not golf carts, mopeds and lawn mowers), bicycle involving medical or dental services or the sale of repair, clock and watch repair, and shoe repair merchandise, except as an incidental uses. Typi- shops. cal uses include property and financial manage- Residential substance abuse treatment. An ment firms, employment agencies (other than establishment that includes the following licensed day labor), travel agencies, advertising agencies, providers or facilities as specifically listed in F.S. secretarial and telephone services, contract post office; professional or consulting services in the § 397.311(18), providing overnight services: (a) fields of law, architecture, design, engineering, day or night treatment with community housing; (b) detoxification services; (c) medication-as- accounting and similar professions;and business sisted treatment for opiate addition;(d)outpatient offices of private companies, utility companies, treatment and intensive outpatient treatment; public agencies, and trade associations. (e) additions receiving facility; (f) intensive Park, Passive: A public or private outdoor inpatient treatment facility; and (g) residential recreation area relying on a natural or man- treatment facility. Residential substance abuse made resource base and developed with a low treatment providers may also provide outpatient intensity of impact on the land. Typical uses substance abuse treatment services. include trail systems, wildlife management and demonstration areas for historical, cultural, Restaurant, fast food: An establishment scientific, educational or other purposes that equipped to sell food and beverages by one of(1) relate to the natural qualities of the area, and the following methods: drive-through sales to support facilities for such activities. patrons in automobiles for take-out who place orders through a window or remote transmission Parking Lot or Parking Garage, Commercial: device; or sales to patrons for take-out or dining A lot used for temporary parking or storage for in, that includes three (3) or more of the follow- motor vehicles as a principal use for a fee. ing: food or beverage choices are advertised on a Place of Worship: A sanctuary which may menu board; countertop sales where payment is include a retreat, convent, seminary or other made prior to consumption; disposable contain- similar use, owned or operated by a tax-exempt ers and utensil; limited service dining facilities religious group that is used periodically, primar- With no hostess or waiters; and self-service or ily or exclusively for religious worship, activities prepackaged condiments. and related services. Restaurant, take out:An establishment where Printing and Copying Services: An establish- food and beverages are served to be consumed ment engaged in retail photocopy, reproduction, off-premises. or blueprinting services. Security or Caretaker Quarters: An accessory Repair and Maintenance, General:An establish- residence used by a caretaker or security guard ment engaged in the repair and maintenance of actively engaged in providing security, custodial motor vehicles or other heavy equipment or or managerial services upon the premises. machinery, including automobiles, boats, motorcycles, personal watercraft and trucks, Self-Service Storage, Limited Access:A facility excluding paint and body work. Typical uses consisting of individual,self-contained units that include vehicle repair garages, tune-up stations, are leased for the storage of business or personal glass shops, quick-lube, and muffler shops. goods. Supp. No. 67 2518 APPENDIX C—ZONING §45-38 Transportation Facility: A facility for loading, vehicle sales, wholesale greenhouses or nurser- unloading, and interchange of passengers, bag- ies, wholesale of gas and fuel, and wholesale gage, and freight or package express between building supplies. modes of transportation. Typical uses include bus terminals, railroad stations and yards, and C. Uses permitted. Within any 1-1 light major mail-processing centers. industrial district, a building, structure, land or Transportation Transfer Facility (Distribu- Fater shall not be used except for one(1)or more tion):An establishment providing for the transfer of the following uses: of transportation or other motorized vehicles, Light Industrial Use Matrix but not involving vehicle sales or rental(retail or Use Type wholesale). Typical uses include the transfer of Residential Uses automobiles, trucks, heavy equipment, or other Security or caretakers quarters SE motorized vehicles prior to distribution to retail Commercial Uses dealers. Art studio P Shade House: A temporary screen enclosure Assisted living facility P used to protect plants from insects, heat and Auto paint and body shop P exposure to the sun. Auto service station SE Broadcast studio P Towing Service,No Storage:An establishment Building supplies SE engaged in tow truck and towing services,includ- Butcher shop P ing dispatching, with no outdoor storage of Car Wash SE vehicles, sales or repairing or salvage activity. Catering service P Veterinary Clinic: An establishment engaged Communications Panel Antennas SE in providing medical care, treatment and Daycare Center P temporary boarding for animals. Dispatching office P Dog daycare P Vocational School: An establishment offering Food service establishment P regularly scheduled instruction in technical,com- Food trucks P mercial, or trade skills such as business, real Instructional studio P estate,building and construction trades,electron- Kennel, commercial SE ics, computer programming and technology, Landscape service P automotive or aircraft mechanics and technol- Laundry service P ogy, or other type of vocational instruction. Medical or dental office P Monument sales, retail P Warehouse: A building used for the storage of Office, business or professional P raw materials, equipment, or products. Typical Parking lot or parking garage com- P uses include moving companies, cold storage, mercial and dead storage facilities, but exclude self- Printing and copying services P service storage facilities. Repair and maintenance, general P Wholesaling, General: An establishment Repair services, limited P engaged in the display, maintaining inventories Residential substance abuse treat- P of goods, storage, distribution and sale of goods ment to other firms for resale or supplying goods to Restaurant, fast food P various trades,such as landscapers,construction Restaurant, take out P contractors, institutions, industries, or profes- Self-service storage SE sional businesses. In addition to selling,wholesale Towing service, no storage P establishments sort and grade goods in large Veterinary clinic P lots, break bulk and redistribute in smaller lots, Vocational school P delivery and refrigeration storage, but excluding I Medical marijuana treatment center P Supp. No. 67 2519 §45-38 NORTH PALM BEACH CODE Light Industrial Use Matrix area shall be required for each Use Type additional bed provided within the Agricultural Uses same residential living area. Agriculture, research and develop- P C. The maximum number of beds ment allowed in an assisted living facility Commercial greenhouse P shall be determined by multiplying Community vegetable garden P the gross acreage of the site by Farmer's market, wholesale P forty-seven and twenty-eight- Nursery, wholesale or retail P hundredths (47.28) beds per acre. Shade house P Industrial Uses 2. Auto paint and body shop: All activity, Chip ing and mulching SE except detailing and car washing shall be Data and information processing P conducted within an enclosed structure. Film production studio P Use of outdoor lifts, jacks, paint booths Machine or welding shop P and similar equipment is prohibited. Manufacturing and processing, light P Medical and dental laboratory p 3. Building supplies: Limited retail sales of Transportation facility SE lumber and similar products to consum- Transportation transfer facility, SE ers may be conducted only as an acces- distribution sory use to the primary wholesale use. Warehouse P 4. Butcher shop: The following shall apply: Wholesaling, general P Public and Civic Uses a. Storage and disposal: Outdoor stor- Governmental services P age or disposal of waste or byprod- Place of worship SE ucts is not permitted. Recreation Uses Fitness center p b. Slaughtering: Slaughtering,render- Park, passive p ing and dressing shall be prohibited. Key: 5. Catering Service:The use shall be subject to the following: P— Permitted by right. a. Catering shall be allowed as an SE — Permitted subject to special exception accessory use to a restaurant. approval per Section 45-16.2. b. The use of more than three (3) D. Supplemental use regulations for select delivery vehicles shall require special permitted or special exception uses. Permitted or exception approval. special exception uses in the 1-1 district shall be subject to the following conditions. 6. Car wash: A car wash shall be allowed to utilize one (1) canopy which may be 1. Assisted living facility:The following shall located in the rear yard with a minimum apply: five-foot setback, provided that it is not a. Assisted living facilities shall be adjacent to a residential use. approved as a planned unit develop- 7. Chipping and mulching: ment. b. Each residential living area contain- a. Lot size: A minimum of five (5) ing one(1)bed shall have a minimum acres. floor area of one hundred fifty (150) b. Setback:A minimum of five hundred square feet. An additional one (500) feet from any property line hundred (100) square feet of floor abutting a residential district. Supp. No. 67 2520 APPENDIX C—ZONING §45-38 C. Accessory uses: Potting soil 12. Dog daycare: manufacturing may be allowed as a. Waste disposal: A dog daycare shall an accessory use to chipping and comply with each of the following mulching. standards: d. Access: Access shall be restricted to (1) Palm Beach County specific entrances with gates that Environmental Control Rule can be locked and that carry official (ECR) 1 and ECR 2; notice that only authorized persons are allowed on the site. (2) All applicable rules and regula- tions of the Florida Depart- 8. Communications panel antennas: Com- ment of Environmental munications panel antennas may be Protection (FDEP); allowed subject to Section 45-21. (3) All applicable rules and regula- 9. Community vegetable garden: tions of the Palm Beach County Health Department; a. Accessory structures: Accessory (4) All applicable rules and regula- structures shall be limited to 400 tions of the Palm Beach County square feet. Solid Waste Authority. b. Spraying:Aerial application of fertil- b. Number of dogs: The number of izer or pesticides is prohibited. dogs permitted shall be based upon C. Parking: Overnight parking shall the square footage of the facility be prohibited. pursuant to Palm Beach County Animal Control Center limitations d. Loading: All loading and unloading and requirements. activities shall be restricted to the site and shall not encroach into any C. Vehicle drop-off spaces:Vehicle drop- setbacks. off spaces shall be provided and are subject to the following standards: e. Storage: Outdoor storage is prohibited. The storage of all acces- (1) At least three(3)drop-off spaces sory equipment or products shall be shall be provided for each fifty contained within an accessory (50) dogs of approved capacity; structure. and (2) Drop-off spaces shall measure 10. Daycare center: The use shall be subject not less than twelve (12) feet to the following: by twenty (20) feet. a. Day care does not include nighttime d. Outdoor runs: If used, outdoor runs care (after 8:00 p.m.) or overnight or animal exercise areas shall be care. located a minimum of three hundred b. Limited day care (6-20 children or (300) feet from a residential use or adults) may be permitted as an zoning district, be hard surfaced or accessory use to a place of worship, grassed with drains provided every vocational school or government ten (10) feet and be connected to a services use. central or individual sanitary facil- ity approved by Seacoast Utility 11. Dispatching office: A dispatching office Authority or the Palm Beach County shall be limited to no more than three (3) Health Department. A minimum service or delivery vehicles unless specifi- six-foot high chain-link fence shall tally approved by the Village Council as be required around outdoor runs. In part of a Planned Unit Development. addition, a continuous solid opaque Supp. No. 67 2521 §45-38 NORTH PALM BEACH CODE hedge a minimum of four (4) feet at b. Outdoor runs: Outdoor runs shall installation shall be provided around comply with the requirements of the outdoor run area. subsection D.11.d. 13. Film production studio: 16. Manufacturing, assembly or processing: All activities involving the manufactur- a. Outdoor activities: Outdoor activi- ing, assembly or processing of goods shall ties, including filming or staging of be within completely enclosed buildings a film, are prohibited unless specifi- with permanent outside walls. tally authorized by the Village Council. 17. Parking lot or parking garage, com- mercial: b. Film permit: Prior to commence- a. Principal use: Parking spaces may ment of any regulated activity be rented for daily parking only. related to the production of a film Any other businesses of any kind within the Village, a film permit shall not be conducted on the lot, shall be issued by the Director of including repair service, display, or the Palm Beach County Film and storage of other goods,except mobile Television Commission. The dura- emergency services and detailing. tion of the permit shall not exceed twenty-four (24) months without b. Location: A commercial parking lot approval of the Community Develop- shall not be located on a parcel ment Director. adjacent to residential land uses. C. Storage:Storage of vehicles and trail- ers shall be permitted if screened a. Food trucks shall only be permitted from public view by a permanent as an accessory use to a primary, opaque wall or fence. approved use. 18. Residential substance abuse treatment. b. Food trucks selling items other than a. No residential substance abuse treat- packaged or pre-packaged food items ment establishment may be located shall be licensed as mobile food within one thousand (1,000) feet of dispensing vehicles by the Florida any other residential substance Department of Business and Profes- abuse treatment establishment. The sional Regulation,Division of Hotels separation distance shall be and Restaurants and shall comply measured from the closest property with all rules and regulations line of each residential substance promulgated by the Division,includ- abuse treatment center establish- ing,but not limited to,those pertain- ment. ing to potable water and waste b. The maximum number of beds disposal. Food trucks selling pack- allowed in a residential substance aged and pre-packaged food items abuse treatment facility shall be only shall be licensed by the Florida determined by multiplying the gross Department of Agriculture and acreage of the site by forty-seven Consumer Services. and twenty-eight-hundredths(47.28) 15. Kennel, commercial: beds per acre. a. Limitations of use: A commercial 19. Restaurant, fast food: kennel shall be limited to the train- a. Fast-food restaurants shall be located ing, boarding and grooming of dogs at the intersection of two (2) public and cats. access roads. Supp. No. 67 2522 APPENDIX C—ZONING §45-38 b. Drive through facilities, including limited access storage facilities. The queuing and by-pass lanes that run separation distance shall be parallel and are visible from adjacent measured from the closest property streets, shall provide additional line of each self-service storage facil- landscaping to mitigate views of the ity. vehicular use areas. 22. Veterinary clinic: Outdoor runs shall C. Required parking spaces shall not comply with the requirements of subsec- be separated from the restaurant tion D.11.d. main entrance by a distance of more than one hundred fifty (150) feet. 23. Warehouse: d. Cross-access shall be provided to all a. Accessory office: The maximum abutting parcels that have a non- amount of office space in each residential zoning classification. A cross-access easement shall be warehouse bay shall not exceed recorded prior to issuance of a build- thirty (30) percent of the gross floor area of the associated bay. ing permit. 20. Security or caretaker dwelling: b. Sales: General retail sales are prohibited. a. Number: One (1) security or caretaker dwelling shall be permit- C. Manufacturing: Manufacturing, ted as an accessory use on the same assembly or processing activities are lot as a principal use permitted per prohibited in a warehouse. subsection C. 24. Medical marijuana treatment centers: b. Occupancy: A security or caretaker quarters shall be for the exclusive a. Location requirements: Medical use of the site on which it is located marijuana treatment center cultivat- and shall be occupied only by the ing or processing facilities may not custodian, caretaker, or owner of be located within five hundred(500) the principal use and his or her feet of any real property that immediate family. comprises a public or private C. Maximum size: The maximum size elementary school,middle school,or of a security or caretaker dwelling secondary school. The distance shall shall be not more than eight hundred be measured by drawing a straight (800) square feet. line from the nearest property bound- ary line of the medical marijuana 21. Self-service storage, limited access: treatment center to the nearest a. Exterior service doors: All exterior property boundary line of the public service doors must not be visible or private elementary school,middle from any public street or adjacent school, or secondary school. The property. distance shall not be measured by a pedestrian route or automobile route. b. Maximum height: Buildings shall be a maximum of two (2) stories in b. Compliance with laws: Medical height. marijuana treatment centers shall, C. Blank walls: No blank walls shall at all times, comply with the licens- ing and regulatory requirements of be permitted facing the front yard. section 381.986, Florida Statutes, d. Minimum separation: A minimum as amended,and all other applicable of one thousand (1,000) feet separa- statutes and state administrative tion shall be required between rules, including the Florida Build- Supp. No. 67 2523 §45-38 NORTH PALM BEACH CODE ing Code, the Florida Fire Preven- F. Wellfield protection.All permitted and acces- tion Code,and any local amendments sory uses within the I-1 light industrial district thereto. shall be subject to the provisions of Article 14.13 Wellfield Protection of the Palm Beach County C. License or permit fees: Medical Unified Land Development Code, as amended. marijuana treatment centers shall be charged all license or permit fees G. Building site area regulations. In the I-1 in an amount equal to the license or district, each lot or parcel of land shall comply permit fees charged to pharmacies. With the following standards: Any person or entity applying for or 1. Minimum site area: One (1) acre. renewing a business tax receipt for 2. Minimum lot width: One hundred (100) a medical marijuana treatment feet. center within the village shall exhibit 3. Minimum Lot Depth: Two hundred (200) an active state license, or proof of feet. same, before such business tax receipt may be issued. 4. Minimum front setback: Forty (40) feet. 5. Minimum Rear Setback:Twenty(20)feet. E. Deliveries adjacent to residential land uses. 6. Side Interior Setback: Fifteen (15) feet. Any establishment that receives deliveries and 7 Side Corner Setback: Twenty-five (25) is located adjacent to residential land uses shall be subject to the following restrictions: feet. 8. Building height: Thirty-five (35) feet. 1. Deliveries shall be limited to the hours of 9. Maximum lot coverage: Forty-five (45) 6:00 a.m. to 5:00 p.m. only, Monday percent. through Saturday, and are prohibited on 10. Maximum floor-area-ratio: Forty-five- Sunday. hundredths (0.45). 2. Delivery truck engines, including H. Property perimeter requirements. The fol- refrigeration units, shall not be operated lowing general requirements for the treatment between the hours of 5:00 p.m. and 6:00 of property perimeters shall apply to the I-1 light a.m. industrial district: C D A B a minimum landscape which will contain this When the following adjoins the following buffer of this width is material to achieve required capacity required 1. I-1 light industrial Residential district or 15 feet, adjacent to all 1 tree, 12 to 14 feet in district use common boundaries height, every 25 linear excluding street front- feet, plus a continuous age where a 10-foot 4-foot hedge, a 6-foot buffer is required visually opaque wall, fence or earth berm 2. I-1 light industrial Industrial district or 5 feet, adjacent to all (same as above)except district use common boundaries 2-foot to 3-foot hedge excluding street front- with no wall age where a 10-foot buffer is required Supp. No. 67 2524 APPENDIX C—ZONING §45-38 C D A B a minimum landscape which will contain this When the following adjoins the following buffer of this width is material to achieve required capacity required 3. I-1 light industrial Commercial district or 5 feet, adjacent to all (same as above)except district use common boundaries 2-foot to 3-foot hedge excluding street front- with no wall age where a 10-foot buffer is required 4. I-1 light industrial Public or Conserva- 15 feet, adjacent to all 1 tree, 12 to 14 feet in district tion and Open Space common boundaries, height, every 25 lineal district or use excluding street front- feet,plus a continuous age where a 10-foot 2-foot to 3-foot hedge buffer is required 1. Abutting I-1 properties. When two (2) shall provide a landscape buffer running parallel parcels within an I-1 light industrial with the right-of-way. The landscape buffer shall zoning district abut side and/or rear comply with the following standards: setbacks, the required landscape mate- 1. Minimum width. The landscape buffer rial in the abutting side or rear setback shall have a minimum width of twenty- of the perimeter buffer may be relocated five (25) feet, as measured from the to the interior landscape area or other perimeter buffers of the subject property. ultimate right-of--way line, as determined The relocation of the required landscape by Palm Beach County. material must be approved by the Plan- 2. Restrictions. Buildings or structures shall ning Commission. not be erected or reconstructed within this buffer, except for permitted signs, 2. Waiver of perimeter requirements. lighting or required public utilities. Property perimeter requirements for properties in the I-1 District may be reduced or waived by the Village Council, on a case by case basis during the Planned Unit Development (PUD) approval process. The reduction or deletion of the landscape design standards shall be permitted only when such action shall further the purpose and intent of the I-1 District and where one (1) or more of the following circumstances exists: a. Proximity to railroad tracks; b. Non-conforming lot status; C. Proximity to public land containing a significant buffer; d. Proximity to a public right-of-way containing an extensive landscape buffer or screening wall. I. Landscape buffer standards for Congress Avenue. Each I-1 District parcel of land adjacent to the ultimate right-of-way of Congress Avenue Supp. No. 67 2524.1 APPENDIX C—ZONING §45-49 principal business. There shall be no outdoor erection and in accordance with the display and sale of merchandise by any person procedures established by the Village for operating or conducting a business which is the issuance of building permits. different or distinct from the principal business 2. All building permit applications for sig- conducted at such location. nage in the 1-1 District shall comply with a. Outdoor storage may be permitted Article V, Signs and Outdoor Displays of adjacent to a structure provided it is the Village Code. located in an area other than a parking area or yard setback area and screened 3. Where distinctions among uses are made from a street or abutting residentially in Article V, uses in the 1-1 District shall zoned property by a masonry wall, be considered to be commercial uses. ornamental fence or dense hedge plant- Q. Northlake Boulevard Overlay Zone. Any ing no less than six (6) inches higher property located within the Northlake Boulevard than the materials stored. Screening Overlay Zone and assigned an 1-1 light industrial density must be such that items within zoning designation shall comply with Section the screened area will not be visible 45-35.3. through such screening. When the outside storage is abutting a residential district, (Ord. No. 2015-11, § 4, 6-25-15; Ord. No. 2017- the height of the stored materials shall 21, § 3, 12-14-17) not exceed seven and one-half (7Y2) feet from the grade level. Sec. 45-39. Medical marijuana treatment b. Side and rear yard screening will not be center dispensing facilities. required when the abutting property is Medical marijuana treatment center dispens- also within the 1-1 District. ing facilities shall be prohibited within the C. Loose materials such as sand, lumber, corporate limits of the village. cardboard boxes and the like, which are (Ord. No. 2017-21, § 3, 12-14-17) subject to being scattered or blown about the premises by normal weather condi- tions shall not be allowed. Mulch, soil, ARTICLES IV,V. RESERVED* and aggregate products which are ancil- lary to a nursery may be stored outside Secs. 45-40-45-48. Reserved. provided that a materials management program is approved by the Village. ARTICLE VI. AMENDMENTS—FEES; O. Screening. All mechanical,electrical,water WAITING PERIODS meters, exhaust vents, etc., located at ground or roof-mounted shall be entirely screened from Sec. 45-49. Applications for rezoning, etc. public view utilizing opaque materials (i.e.,wood fencing,brick,block,etc.)as screening. Landscap- (1) All applications for rezoning and all applica- ing material shall be incorporated in addition to tions to amend,supplement,modify or repeal the opaque screening on equipment located at ground boundaries, districts, regulations or restrictions level. Screening material shall accommodate established by this chapter shall be done by maintenance or inspection thereof with the use application to the planning commission of the of appropriate panels, and/or hinged gates. village. The application to the planning commis- P. Signs. All signs,permanent and temporary, *Editor's note—Ordinance No. 6-77, § 6, adopted April shall be located a minimum of ten (10) feet from 28, 1977, repealed Art. IV, §§ 45-40-45-43, and Art. V, the ultimate rights-of-way line of the adjacent §§ 45-44-45-48, of App. C, which articles pertained to the street or road, as defined by the Village or Palm zoning board of adjustment and the planning and zoning Beach County, as appropriate. advisory board, both of which articles derived unchanged from the original zoning ordinance. For provisions concern- 1. Permit required. All Signs shall require ing the planning commission and the board of adjustment, the issuance of a building permit prior to see Ch. 21,Arts. II and III. Supp. No. 67 2529 §45-49 NORTH PALM BEACH CODE sion may be made by any property owner or same, together with all the plans, specifications, tenant or by a governmental office, department, application blank and other papers pertaining to board or bureau. Such applications shall be filed the application, to the board of adjustment. Any with the community development department of such application,except by a governmental agency, the village, which shall transmit the same, must be accompanied by the filing fee established together with all the plans,specifications,applica- in the master fee schedule adopted annually as tion blank and other papers pertaining to the part of the village budget. application, to the planning commission. Any such application,except by a governmental agency, (2) All applications to the board of adjust- must be accompanied by the filing fee established ment concerning variances shall be upon forms in the master fee schedule adopted annually as to be supplied by the community development part of the village budget together with a deposit department. of the estimated cost of the village processing the application. Upon the village determining the (3) Public notice of all hearings shall be actual costs, applicants shall pay the balance, if provided as required by section 21-3 of the any, in full of such costs including advertising village Code. prior to final consideration of the application. If (Ord. No. 6-77, § 4, 4-28-77; Ord. No. 06-2001, the deposit exceeds actual costs, the balance § 8, 3-22-01; Ord. No. 2009-16, § 7, 11-12-09; shall be refunded to applicant. Ord. No. 2014-09, § 15, 9-25-14) Editor's note—A copy of the forms to be used are (2) All applications to the planning commis- attached to ordinance No. 186-68, as Exhibit 1, from which sion concerning rezoning shall be upon forms to ordinance section 45-50 was derived. be supplied by the community development department. Secs. 45-51-45-59. Reserved. (3) Whenever, after review, investigation and hearing, any application for a change of district ARTICLE VII. NONCONFORMING USES classification has been denied, an application for OF LAND AND STRUCTURES a like change cannot be reinstated for a period of at least one (1) year after said denial. Sec. 45-60. Intent. (4) Public notice of all hearings shall be (1) Within the districts established by this provided as required by section 21-3 of the ordinance, or amendments that may later be village Code. adopted, there exist lots, structures, uses of land (Ord. No. 15-78, § 1, 6-8-78; Ord. No. 06-2001, and structures and characteristics of use which § 7, 3-22-01; Ord. No. 2009-16, § 7, 11-12-09; were lawful before this ordinance was passed or Ord. No. 2014-09, § 15, 9-25-14) Editor's note—A copy of the forms to be Used are amended, but which would be prohibited, attached to Ord. No. 185-68 as exhibit 1, from which regulated, or restricted under the terms of this ordinance section 45-49 was derived. ordinance or future amendments. Sec. 45-50. Application for variances. (2) It is the intent of this ordinance to permit these nonconformities to continue until they are (1) All applications for variances to regula- removed, but not to encourage their continua- tions or restrictions established by this ordinance tion. Such uses are declared by this ordinance to shall be done by application to the board of be incompatible with permitted uses in the adjustment of the village. The application to the district involved. It is further the intent of this board of adjustment may be made by any property ordinance that nonconformities shall not be owner or tenant or by a governmental office, enlarged upon, expanded or extended, nor be department, board or bureau. Such applications used as grounds for adding other structures or shall be filed with the community development uses prohibited elsewhere in the same district. director of the village, who shall transmit the (Ord. No. 12-75, § 1, 9-11-75) Supp. No. 67 2530 APPENDIX C—ZONING §45-63 Sec. 45-61. Extension and enlargement. (2) If two (2) or more lots or combinations of (1) A nonconforming use of a structure, a lots and portions of lots with continuous frontage nonconforming use of land, or a nonconforming in angle [single] ownership are of record at the use of structure and land shall not be extended time of passage or amendment of this ordinance, or enlarged after passage of this ordinance by and if all or part of the lots do not meet the attachment on a building or premises of additional requirements for lot width and area as established signs intended to be seen from off the premises, by this ordinance, the lands involved shall be or by the addition of other uses of a nature which considered to be an undivided parcel for the would be prohibited generally in the district purposes of this ordinance, and no portion of said involved. parcel shall be used or sold which does not meet lot width and area requirements established by (2) To avoid undue hardship, nothing in this this ordinance, nor shall any division of the ordinance shall be deemed to require a change in parcel be made which leaves remaining any lot the plans, construction, or designated use of any with width or area below the requirements in building on which actual construction was law- this ordinance. fully begun prior to the effective date of adoption (Ord. No. 12-75, § 1, 9-11-75) or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined Sec. 45-63. Nonconforming uses of land. to include the placing of construction materials in permanent position and fastened in a Where, at the effective date of adoption or permanent manner. Except that where demoli- amendment of this ordinance, lawful use of land tion or removal of an existing building has been exists that is made no longer permissible under substantially begun preparatory to rebuilding, the terms of this ordinance as enacted or amended, such demolition or removal shall be deemed to be and where such use involves no individual actual construction, provided that work shall be structure with a replacement cost exceeding one diligently carried on until completion of the thousand dollars ($1,000.00), such use may be building involved. continued,so long as it remains otherwise lawful, (Ord. No. 12-75, § 1, 9-11-75) subject to the following provisions: Sec. 45-62. Nonconforming lots of record. (1) No such nonconforming use shall be enlarged or increased, nor extended to (1) In any district in which single-family dwell- occupy a greater area of land than was Ings are permitted, notwithstanding limitations occupied at the effective date of adoption imposed by other provisions of this ordinance, a or amendment of this ordinance; unless single-family dwelling and customary accessory such use is changed to a use permitted in buildings may be erected on any single lot of the district in which such use is located; record at the effective date of adoption or amend- ment of this ordinance. Such lot must be in (2) No such nonconforming use shall be moved separate ownership and not of continuous front- in whole or in part to any other portion of age with other lots in the same ownership. This the lot or parcel occupied by such use at provision shall apply even though such lot fails the effective date of adoption or amend- to meet the requirements for area or width, or ment of this ordinance; both,that are generally applicable in the district, provided that yard dimensions and other require- (3) If any such nonconforming use of land ments not involving area or width,or both, of the ceases for any reason for a period of more lot shall conform to the regulations for the than ninety (90) consecutive days, any district in which such lot is located. Variance of subsequent use of such land shall conform area, width, or yard requirements shall be to the regulations specified by this obtained only through action of the board of ordinance for the district in which such adjustment. land is located; Supp. No. 67 2531 §45-63 NORTH PALM BEACH CODE (4) No additional structure which does not the terms of this ordinance, the lawful use may conform to the requirements of this be continued so long as it remains otherwise ordinance shall be erected in connection lawful, subject to the following provisions: with such nonconforming use of land. (Ord. No. 12-75, § 1, 9-11-75) (a) No existing structure devoted to a use not permitted by this ordinance in the Sec. 45-64. Nonconforming structures. district in which it is located shall be enlarged, extended, constructed, Where a lawful structure exists at the effec- reconstructed, moved or structurally tive date of adoption or amendment of this altered except in changing the use of the ordinance that could not be built under the structure to a use permitted in the district terms of this ordinance by reason of restrictions in which it is located; on area, lot coverage, height, yards or other characteristics of the structure or its location on (b) Any nonconforming use may be extended the lot, such structure may be continued so long throughout any parts of a building which as it remains otherwise lawful subject to the were manifestly arranged or designed for following provisions: such use at the time of adoption or amendment of this ordinance, but no (1) No such structure may be enlarged or such use shall be extended to occupy any altered in a way which increases its land outside such building; nonconformity, but any structure or por- tion thereof may be altered to decrease (c) Any structure, or structure and land in its nonconformity; combination,in or on which a nonconform- ing use is superseded by a permitted use, (2) Should such structure be destroyed by shall thereafter conform to the regula- any means to an extent of more than fifty tions for the district in which such (50) percent of its replacement cost at structure is located, and the nonconform- time of destruction, as determined by the ing use may not thereafter be resumed; village engineer or village building official, it shall not be reconstructed except in (d) When a nonconforming use of a structure, conformity with the provisions of this or structure and premises in combina- ordinance; tion, is discontinued or abandoned for six (3) Should such structure be moved for any (6) consecutive months or for eighteen reason for any distance whatever, it shall (18)months during any three-year period thereafter conform to the regulations of (except when government action impedes access to the premises), the structure, or the district in which it is located after it structure and premises in combination, is moved. shall not thereafter be used except in (Ord. No. 12-75, § 1, 9-11-75) conformance with the regulations of the district in which it is located; Sec. 45-65. Nonconforming uses of structures or of structures and (e) Where nonconforming use status applies premises in combination. to a structure and premises in combina- tion, removal or destruction of the (1) If a lawful use involving individual structure shall eliminate the nonconform- structures with a replacement cost of one thousand ing status of the land. Destruction for dollars ($1,000.00) or more, or of structure and the purpose of this subsection is defined premises in combination, exists at the effective as damage to an extent of more than fifty date of adoption or amendment of this ordinance, (50) percent of the replacement cost at that would not be allowed in the district under time of destruction. Supp. No. 67 2532 APPENDIX C—ZONING §45-67 (2) Nonconformities not involving the use of a principal structure, e.g., open storage, building supplies, vehicle, mobile home, implement and machinery storage, signs, billboards, junkyards, commercial animal yards and the like, shall be discontinued within two (2)years of the effective date of this ordinance or amendment. (Ord. No. 12-75, § 1, 9-11-75) Sec. 45-66. Repairs and maintenance. (1) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls,fixtures,wiring or plumbing, to an extent not exceeding ten (10) percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased. (2) Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. No. 12-75, § 1, 9-11-75) Sec. 45-67. Temporary uses. The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of this ordinance unless it complies with the terms of this ordinance. (Ord. No. 12-75, § 1, 9-11-75) Sec. 45-68. Reserved. (Ord. No. 12-75, § 1, 9-11-75) [The next page is 26191 Supp. No. 67 2533 CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 2014-13 12-11-14 2 Added Ch. 6,Art. IV, §§6- 72-6-86 2014-14 12-11-14 2 2-4 2015-03 3-12-15 2 Added Ch. 17,Art. VIII, §§ 17-81-17-94 2015-04 4- 9-15 2 Added 19-12 2015-05 4- 9-15 2 2-159(b) 3 2-163(a)(1) 2015-07 4-23-15 2 14-30(4) 2015-10 6-11-15 2 App. C, §45-2 3 Added App. C, §45-32 A.9., C.2. App. C, §45-32 E.7. Added App. C, §45-32 F.3. 4 App. C, §45-35.1 IIA.8. 2015-11 6-25-15 2 App. A, §III 3 App. C, §45-21(2)b. 4 Added App. C, §45-38 2015-12 6-25-15 2 Ch. 2,Art. III,Div. 5(Tit.) 2-76(b),(c) 2015-13 7-23-15 2 Added App. C, §45-16.2 3 21-3(a) 2015-19 11-12-15 1 5-1 Added 5-18 5-19-5-25 2015-20 11-12-15 2 45-36 N. 2015-22 12-10-15 2 19-99 2016-06 5-12-16 2 Rpld Ch. 24,Art. IL Divs. 1,2, §§24-16-26- 20,26-28, 26-29 Added Ch. 24,Art. IL §§24-16-24-27 2016-07 9- 8-16 2 Added 18-33 3 18-35 4 Added 18-35.1 5 2-173 2017-02 1-12-17 2 2-151(a), (b) 2017-03 1-26-17 2 Rpld Ch. 29, §§29-1- 29-16 Added Ch. 29, §§29-1- 29-20 2017-11 8-24-17 2 Rpld Ch. 12,Arts. I—III, §§ 12.5-1-12.5-11, 12.5-21-12.5-24, 12.5-41-12.5-45 Added Ch. 12.5,Arts. I—III, §§ 12.5-1- 12.5-8, 12.5-21, 12.5- 31-12.5-37 3 Added 6-21 2017-13 9-28-17 2 Added Ch. 27,Art. IV, §§27-71-27-84 2017-18 10-12-17 2 10-5 2017-21 12-14-17 2 45-2 3 45-38B., C.,D.24 Supp. No. 67 2895 NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code Added 45-34 2017-22 12-14-17 2 45-2 Added 45-24,45-25 2017-23 12-14-17 2 Added 45-36D-3. 2017-24 12-14-17 2 12-16(a), (b) 3 Rpld 15-1, 15-2 Added 15-1-15-6 Added 15-21-15-27 [The next page is 2933] Supp. No. 67 2896 CODE INDEX Section Section AUDITS(Cont'd.) BOATS,DOCKS AND WATERWAYS(Cont'd.) Organization......................... 2-53 Construction requirements Removal............................. 2-55 Bulkheads and seawalls Compliance with provisions required 5-69 B Inspection required................ 5-73 Permit fee......................... 5-72 BATHING Specifications ..................... 5-71 Diseased persons prohibited from bathing Submission of plans and specifica- in public pools, etc. ................ 19-3 tions......................... 5-70 BICYCLES Canals Park regulations........................ 20-6 Canal crossings.................... 5-60 Subdivisions, required improvements re Compliance with provisions required 5-56 bikeways.......................... 36-29.1 Drainage canals................... 5-59 General requirements.............. 5-57 BILLBOARDS. See: SIGNS AND Navigation canals ................. 5-58 BILLBOARDS Surety bond prerequisite to issuance BIRDS. See:ANIMALS AND FOWL of building permit in certain cases ........................ 5-61 BLOCKS Docks and piers Subdivision design standards............ 36-18 Construction in waters other than Lake Worth and Atlantic Ocean, BOARDS, COMMITTEES AND COMMIS- regulations governing......... 5-84 SIONS. See: DEPARTMENTS AND Definitions........................ 5-81 OTHER AGENCIES OF VILLAGE Generally ......................... 5-82 BOATS, DOCKS AND WATERWAYS Lake Worth and Atlantic Ocean, Abandoned boats ....................... 5-8 regulations governing construc- Abatement of public nuisances on private tion in ....................... 5-85 property........................ 14-79 et seq. Minimum design requirements..... 5-83 Anchoring and mooring Variances ......................... 5-86 Mooring limitations in lagoons(private Erosion control structures docks).......................... 5-16 Construction ...................... 5-95 Unlawfully anchored or moored vessels Control ........................... 5-96 Claiming of vessel of floating structure Definitions........................ 5-93 by owner;payment of costs.... 5-23 Permitted,when................... 5-94 Department of law enforcement to Piers. See within this subheading:Docks impound ..................... 5-19 and Piers Owner to be notified upon impound- Seawalls. See within this subheading: ment......................... 5-20 Bulkheads and Seawalls Procedure in event owner cannot be Definitions............................. 5-1 found........................ 5-21 Disturbing other boats.................. 5-6 Reclamation of owner after sale .... 5-24 Exhibition boats exempted from certain Unclaimed vessel to be sold;certifica- restrictions........................ 5-4 tion of sale................... 5-22 Flood damage prevention provisions ..... 12.5-1 et seq. Authority of village to board boats violat- See:FLOOD DAMAGE PREVENTION ing chapter........................ 5-17 Health and sanitation requirements Boat launching area Cleanliness of docks.................. 5-11 Abandoned boats and equipment Observance of village health and conduct Disposition........................ 5-36 rules ........................... 5-10 Recovery.......................... 5-37 Pollution of waterways ............... 5-13 Designated;use restricted ............ 5-33 Refuse disposal ...................... 5-12 Permits required Live aboard boats Boats remaining for more that 24 Living aboard boats restricted ........ 5-15 hours........................ 5-35 Occupancy of live aboard boats,floating Repairs prohibited ................... 5-34 structure or vessels in village Vehicle/trailer parking in designated waterways...................... 5-25 areas........................... 5-35 Marine sanctuaries Violation;penalty.................... 5-38 Designation of waters as marine Bulkhead lines ......................... 7-1 et seq. sanctuaries See: BULKHEAD LINES Area to be regulated............... 5-101(c) Code enforcement, applicability re....... 2-173 Areas designated.................. 5-101(b) Supp. No. 67 2937 NORTH PALM BEACH CODE Section Section BOATS,DOCKS AND WATERWAYS(Cont'd.) BUILDINGS (Cont'd.) Construction of provision .......... 5-101(d) Appearance code Definition......................... 5-101(a) Appeals and review .................. 6-35 Mooring, docking,or beaching of boats on Appearance plan..................... 6-33 public or private property without Certificate of appropriateness permission........................ 5-9 Final hearings..................... 6-57 Noise control Follow-up by community develop- Radios or other mechanical sound- ment department............. 6-60 making devices or instruments in Planning commission vessels, operation of............. 19-103 Action of ....................... 6-58 Parking Approval by .................... 6-59 Boats and boat trailers; parking on Preliminary consideration.......... 6-56 residential property restricted in Definition ........................... 6-31 R-1 and R-2 residential zoning Intent and purposes.................. 6-32 districts ........................ 18-35 Planning commission,powers and duties Prohibited parking upon right-of-way re.............................. 6-36 of specific roadways............. 18-34.1 Short title ........................... 6-30 Prohibition of floating structures ........ 5-18 Appearance plan (Appendix A). See that Running engines, hours in residential subject districts........................... 5-14 Code enforcement, applicability re....... 2-173 Searchlights,use of..................... 5-7 Codes Speed limits;wakes..................... 5-2 Appearance code. See herein that subject Subdivision provisions re waterways..... 36-22 et seq. Building code........................ 6-17 See: SUBDIVISIONS(Appendix B) Electrical code ....................... 11-11, 11-12 Swimming in restricted waters.......... 5-3 Fire prevention code ................. 12-16 et seq. Water skiing """""""""""""' 5-5 Country club ........................... 9-1 et seq. See: COUNTRY CLUB Waterways board....................... 5-102 et seq. Electrical code.......................... 11-11, 11-12 BONDS Flood damage prevention ............... 12.5-1 et seq. Administrative code; bonds required of See:FLOOD DAMAGE PREVENTION certain officers .................... 2-42 Landscaping ........................... 27-31 et seq. Canal construction; surety bond See:LANDSCAPING prerequisite to issuance of building Minimum construction standards permit............................ 5-61 Authority............................ 6-16 Communications services Codes adopted ....................... 6-17 Construction bond ................... 29-14 Construction board of adjustment and Finance director,duties re .............. 2-59(7) appeals......................... 6-18 Village manager........................ 2-117 Appointment...................... 6-18(a) Membership....................... 6-18(b) BRUSH. See:WEEDS AND BRUSH Powers............................ 6-18(f) Appeals ........................ 6-18(f)(1) BUILDINGS Variances....................... 6-18(f)(2) Abatement of unsafe or unsanitary build- Procedures........................ 6-18(g) ings Quorum and voting................ 6-18(d) Appeal .............................. 6-81 Secretary to the board ............. 6-18(e) Authority to expend funds............ 6-85 Terms............................. 6-18(c) Enforcement and right of entry ....... 6-74 Technical amendments to the Florida Hearing ............................. 6-79 Building Code, Residential....... 6-21 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. 67 2938 CODE INDEX Section Section BUILDINGS (Cont'd.) BUSINESS REGULATIONS(Cont'd.) Stormwater management;level of finished Fee schedule......................... 17-34.12 floor of structures ................. 21-63 Half-year certificate.................. 17-34.3 Subdivision regulations................. 36-1 et seq. Issuance of certificate ................ 17-34.3 See: SUBDIVISIONS(Appendix B) Noncompliance of principal........... 17-34.8 Swimming pools........................ 25-1 et seq. Nonprofit enterprise,special permit for 17-34.5 See: SWIMMING POOLS Refund of fee ........................ 17-34.9 Zoning regulations...................... 45-1 et seq. Registration required................. 17-34.1 See: ZONING(Appendix C) Renewal............................. 17-34.4 BULKHEAD LINES Suspension or revocation of certificate. 17-34.9 Code enforcement, applicability re....... 2-173 When due and payable ............... 17-34.3 Garage and other sales ................. 17-61 et seq. Established;designated................. 7-1 See: GARAGE AND OTHER SALES Filling operation beyond bulkhead line prohibited......................... 7-2 Home occupations ...................... 17-3(a)et seq. See:HOME OCCUPATIONS Filling permit Local business tax Application fees...................... 7-19 Application;issuance................. 7-18 Application for business tax receipt ... 17-18 Expiration date;renewal;revocation .. 7-20 Business tax exemptions ............. 17-31 Business tax imposed;basis of one year 17-16 Public hearing prerequisite to Business tax receipt renewal; consideration ................... 7-17 delinquency penalty............. 17-20 Required ............................ 7-16 Business tax schedule................ 17-33 Unlawful fill;removal................... 7-3 Compliance by principal deemed compli- BULKHEADS ante by agent; noncompliance of Bulkheads and seawalls, construction principal ....................... 17-29 requirements re ................... 5-69 et seq. Declaration where fee depends on vari- See: BOATS, DOCKS AND able factors within applicant's WATERWAYS knowledge...................... 17-23 Doing business not covered by receipt; BUSINESS ADVISORY BOARD receipt obtained by false state- Composition;terms;vacancies ments void ab initio............. 17-28 Alternate members................... 17-72(d) Duplicate receipts.................... 17-27 Composition ......................... 17-72(a) Engaging in business without receipt Initial terms......................... 17-72(b) or under receipt issued on false Subsequent terms.................... 17-72(c) statements ..................... 17-32 Created................................ 17-71 How tax construed as to specified profes- Mission;duties ......................... 17-74 sions ........................... 17-21 Organization........................... 17-73 Issuance of receipt;duration;half-year BUSINESS REGULATIONS receipt;when due and payable... 17-19 Ambulances............................ 17-50, 17-51 Marking of commercial vehicles....... 17-33.1 Business advisory board ................ 17-71 et seq. Receipt to be posted or carried........ 17-26 See: BUSINESS ADVISORY BOARD Special permit for nonprofit enterprise 17-22 Businesses located outside village limits Suspension or revocation of receipt; Application for certificate of regulation 17-34.2 refund of fee.................... 17-30 Certificate of business regulation Transfer of receipts to new location ... 17-25 required;basis of one year....... 17-34 Transfer of receipts to new owner..... 17-24 Commercial vehicles,marking of...... 17-34.13 Peddlers and solicitors.................. 17-81 et seq. Compliance by principal deemed compli- See:PEDDLERS AND SOLICITORS ante by agent................... 17-34.8 Simulated gambling devices............. 17-40 et seq. Delinquency penalty ................. 17-34.4 See: SIMULATED GAMBLING Doing business not covered by certificate DEVICES of regulation.................... 17.34-7 Wellfield protection Duplicate certificates of regulation.... 17-34.6 Regulation of business activities with Duration ............................ 17-34.3 potential to contaminate land and False statements water resources................. 19-221 Certificate obtained void ab initio 17-34.7 Zoning Engaging in business without Location of business for retail sales of certificate of regulation or under alcoholic beverages.............. 45-20(2), certificate issued on .......... 17-34.11 45-36.N Fee exemptions ...................... 17-34.10 C-3 Regional Business District ..... 45-34.1(9) Supp. No. 67 2939 NORTH PALM BEACH CODE Section Section C CODE ENFORCEMENT(Cont'd.) Definitions............................. 2-172 CABLE TELEVISION. See:TELEVISION Enforcement procedure ................. 2-175 CAMPING Fines;liens Recreational vehicles and trailers; park- Appeal .............................. 2-180 ing on residential property restricted Copies of orders imposing fines ....... 2-178(d) in R-1 and R-2 residential zoning Determination of amount of fine ...... 2-178(b) districts........................... 18-35.1 Duration of lien...................... 2-179 Unauthorized lodging and camping...... 19-11 Generally............................ 2-178(a) Notices.............................. 2-181 CANALS Reduction of fine..................... 2-178(c) Construction requirements.............. 5-56 et seq. Provisions supplemental ................ 2-183 See: BOATS, DOCKS AND Special magistrates WATERWAYS Appointment......................... 2-174(a) CATS Power and authority ................. 2-174(b) Regulations enumerated ................ 4-24 et seq. Powers of............................ 2-177 See:ANIMALS AND FOWL Qualifications........................ 2-174(c) CERTIFICATES CODE OF ORDINANCES* Appearance code;certificate of appropriate- Altering Code .......................... 1-7 ness .............................. 6-56 et seq. Amendments........................... 1-6 See: BUILDINGS Catchlines ............................. 1-3 Boats, docks and waterways; unlawfully Court cost anchored or moored vessels Assessment of additional court costs for Unclaimed vessel to be sold; certifica- criminal justice education tion of sale ..................... 5-22 expenditures.................... 1-9 Businesses located outside village limits, Definitions and rules of construction..... 1-2 certificate of business regulations re 17-34 et seq. Designated and cited ................... 1-1 See: BUSINESS REGULATIONS References to chapters or sections ....... 1-3 Emergency medical services............. 11.5-21 Repeal of ordinances, effect of........... 1-4 Historic site overlay district;certificate of Severability of parts.................... 1-5 appropriateness ................... 45-37(H) Village clerk,duties re recording ordinances 2-67(3) Village logo ............................ 1-10 CIVIL DISORDERS AND DISTURBANCES. Violations,penalty and prosecution costs. 1-8 See: EMERGENCY MANAGEMENT COIN-OPERATED AMUSEMENTS CLERK Proximity to schools restricted .......... 19-4 Department of records, provisions re vil- lage clerk and deputy village clerk.. 2-67 et seq. COMBAT AUTO THEFT(CAT) See: DOCUMENTS AND PUBLIC Establishment,regulations.............. 18-19 RECORDS COMMITTEES, COMMISSIONS. See: CLUBS DEPARTMENTS AND OTHER AGEN- Country club ........................... 9-1 et seq. CIES OF VILLAGE See: COUNTRY CLUB COMMUNICATIONS CODE ENFORCEMENT, ALTERNATE Communications services ............... 29-1 et seq. METHOD OF See: COMMUNICATIONS SERVICES Codes to be enforced by citation ......... 2-253 Telecommunications service tax ......... 26-51 et seq. Failure to accept citation................ 2-255 See:TAXATION Form and contents of citation ........... 2-252 Issuance of citations.................... 2-251 COMMUNICATIONS SERVICES Provisions additional and supplemental.. 2-256 Appeals................................ 29-8 Right to hearing;maximum penalty ..... 2-254 Compliance with other laws;police power 29-11 Conditional use of public rights-of-way... 29-9 CODE ENFORCEMENT Actions for money judgments *Note—The adoption, amendment, repeal, omissions, e ffe c- Limitation........................... 2-182 tive date, explanation of numbering system and other mat- Alarm regulations, enforcement re....... 19-217 ters pertaining to the use,construction and interpretation of Applicability ........................... 2-173 this Code are contained in the adopting ordinance and Conduct of hearing ..................... 2-176 preface which are to be found in the preliminary pages of this Declaration of legislative intent ......... 2-171 volume. Supp. No. 67 2940 CODE INDEX Section Section COMMUNICATIONS SERVICES(Cont'd.) COURTS Construction bond...................... 29-14 Court cost Definitions............................. 29-3 Assessment of additional court costs for Enforcement remedies .................. 29-16 criminal justice education Force majeure.......................... 29-17 expenditures.................... 1-9 Insurance;surety;indemnification....... 29-13 Intent and purpose ..................... 29-2 D Involuntary termination of registration.. 29-10 No liability or warranty................. 29-19 DECALS Pass-through provider fees and charges.. 29-20 Combat Auto Theft(CAT)............... 18-19 Placement or maintenance of a communica- DEPARTMENTS AND OTHER AGENCIES tions facility or a wireless communica- OF VILLAGE tions facility in public rights-of-way 29-6 Administrative code .................... 2-39 et seq. Registration............................ 29-4 See:ADMINISTRATIVE CODE Reservation of rights ................... 29-18 Appearance board. See: APPEARANCE Security fund........................... 29-15 PLAN(Appendix A) Suspension or denial of permits ......... 29-7 Audit committee........................ 2-56 et seq. Telecommunications service tax ......... 26-51 et seq. See:AUDITS See: TAXATION Boards and committees ................. 2-1 Title................................... 29-1 Business advisory board ................ 17-71 et seq. Transfer of control;sale or assignment... 29-12 See:BUSINESS ADVISORY BOARD Underground installation; damage to vil- Code enforcement ...................... 2-171 et seq. lage facilities;emergencies;abandon- Community development department.... 2-111 et seq. ment.............................. 29-5 See: COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT DEPART- DEPARTMENT MENT Finance, department of................. 2-59 Buildings See:FINANCES Appearance code Fire and police retirement board of trustees 2-164 et seq. Certificate of appropriateness See:PENSIONS AND RETIREMENT Follow-up by community develop- Fire rescue department................. 2-81 et seq. ment department .......... 6-60 See:FIRE RESCUE DEPARTMENT Director's duties........................ 2-111 General employees retirement board..... 2-151 et seq. Divisions See:PENSIONS AND RETIREMENT Code compliance ..................... 2-112(2) Golf advisory board..................... 9-16 et seq. Permits and inspections .............. 2-112(1) See: GOLF ADVISORY BOARD Planning ............................ 2-112(3) Law enforcement, department of (police department)....................... 2-75, 2-76 COMPUTATION OF TIME See: LAW ENFORCEMENT, DEPART- Definitions and rules of construction..... 1-2 MENT OF (POLICE DEPART- MENT) CONCURRENCY MANAGEMENT Library board .......................... 16-16 et seq. Provisions enumerated.................. 21-41 et seq. Library, department of.................. 2-93 See:PLANNING AND DEVELOPMENT Meetings of boards and commissions; COUNCIL. See:VILLAGE COUNCIL adjournment of.................... 2-3 Meetings of specific boards, etc. See COUNTRY CLUB specific subjects Finances Planning and development board of adjust- Delinquent accounts;penalties........ 9-32 ment.............................. 21-21 Golf advisory board..................... 9-16 et seq. Planning commission ................... 21-11, 21-12 See: GOLF ADVISORY BOARD Public works,department of............. 2-84, 2-85 Premises See:PUBLIC WORKS DEPARTMENT Disfiguration and/or removal of build- Records,department of ................. 2-67 et seq. ing or other property............ 9-1(1) See: DOCUMENT AND PUBLIC Enforcement......................... 9-2 RECORDS Hours ............................... 9-1(2) Recreation department.................. 2-110 Signs................................ 9-2 Recreation advisory board ............ 20-61 et seq. Violations and penalties.............. 9-2 See: PARKS, PLAYGROUNDS AND RECREATION COUNTY Reserve police force..................... 23-42 et seq. Definitions and rules of construction..... 1-2 See:POLICE Supp. No. 67 2941 NORTH PALM BEACH CODE Section Section DEPARTMENTS AND OTHER AGENCIES ELECTIONS(Cont'd.) OF VILLAGE (Cont'd.) Candidacy Village council.......................... 2-16 et seq. Candidates for office;qualifying....... 10-5 Waterways board....................... 5-102 et seq. Preservation of notice of candidacy.... 10-6 DEVELOPMENTS. See: PLANNING AND Conduct of elections .................... 10-6 DEVELOPMENT Early voting............................ 10-7 General elections,notice of.............. 10-3 DISABLED AND HANDICAPPED PERSONS Polling locations Applicability of dog prohibitions to guide Designated .......................... 10-76 and service dogs................... 4-27(d) Special elections Parking violations re handicap spaces ... 18-37 Notice of............................. 10-4 DISTRICTS When held........................... 10-2 Zoning regulations...................... 45-16 et seq. State laws See: ZONING(Appendix C) Applicable state laws adopted......... 10-1 Voting machines may be used;state law DISTURBANCES. See: CIVIL DISORDERS applicable ...................... 10-7 AND DISTURBANCES Village clerk, duties re keeping election DOCKS. See: BOATS, DOCKS AND records............................ 2-67(5) WATERWAYS Voting machines may be used; state law applicable......................... 10-7 DOCUMENTS AND PUBLIC RECORDS Department of records ELECTRICAL CODE Deputy village clerk Amendments,corrections, additions ..... 11-12 Appointment...................... 2-68 Code enforcement, applicability re....... 2-173 Duties ............................ 2-69 EMERGENCIES Village clerk;duties Ambulances............................ 17-50, 17-51 Election records,keeping........... 2-67(5) Communications services ............... 29-5 Expiration of term, notice of........ 2-67(7) Emergency management................ 8-1 et seq. Official seal,keeping .............. 2-67(8) See:EMERGENCY MANAGEMENT Record ordinances................. 2-67(3) Village council Emergency medical services Keep records of council.......... 2-67(2) Fees Public council action ............ 2-67(4) Billing and collection .............. 11.5-23 Serve as clerk of council......... 2-67(1) Establishment..................... 11.5-22 Vital statistics,keeping............ 2-67(6) Generally............................ 11.5-21 Village clerk and deputy village clerk. See Fire rescue department ................. 2-81 et seq. herein:Department of Records See:FIRE RESCUE DEPARTMENT Water shortage emergencies............. 19-200 et seq. DOGS See:WATER SHORTAGE EMERGEN- Regulations enumerated ................ 4-24 et seq. CIES See:ANIMALS AND FOWL DRAINAGE EMERGENCY MANAGEMENT Property maintenance standards Applicability ........................... 8-2 Civil disorders and disturbances Exterior of structures ................ 15-3 Roofs and drainage ................ 15-3(g) Declaration of a state of emergency ... 8-22 Stormwater management ............... 21-61 et seq. Mayor designated local authority for See: STORMWATER MANAGEMENT preservation of public peace ..... 8-21 Subdivision design standards re ease- Declaration of a state of emergency...... 8-5 ments and rights-of-way ........... 36-22(b) Definitions............................. 8-1 Zoning; surface water management Emergency management structure....... 8-3 C-3 Regional Business District........ 45-34.1(8) Exempt employee emergency duty Compensation ....................... 8-31 DROUGHT Powers, duties and responsibilities ...... 8-4 Water shortage emergencies............. 19-200 et seq. Termination of a state of emergency..... 8-6 See:WATER SHORTAGE EMERGEN- CIES EMPLOYEES. See: OFFICERS AND EMPLOYEES E ENCLOSURES. See: FENCES, WALLS, ELECTIONS HEDGES AND ENCLOSURES Supp. No. 67 2942 CODE INDEX Section Section EROSION CONTROL STRUCTURES FINANCES(Cont'd.) Construction regulations................ 5-93 et seq. Pay village employees.............. 2-59(11) See: BOATS, DOCKS AND Prescribe form..................... 2-59(1) WATERWAYS Receive and disburse moneys....... 2-59(10) EXCAVATIONS Responsibility for proceeds of bonds 2-59(7) Emergency management Bulkhead lines ......................... 7-1 et seq. Exempt employee emergency duty See: BULKHEAD LINES Compensation..................... 8-31 Stormwater management ............... 21-61 et seq. Investment policy of the village ......... 2-4 See: STORMWATER MANAGEMENT Pensions and retirement. See also that EXCRETA subject Dog waste, removal provisions re........ 4-31, 4-32 Length of service award plan for volunteer firefighters............ 2-170 et seq. F Pension and certain other benefits for fire and police employees........ 2-159 et seq. FENCES, WALLS, HEDGES AND Pension and certain other benefits for ENCLOSURES general employees .............. 2-146 et seq. Landscaping ........................... 27-31 et seq. Planning and development;filing fees and See: LANDSCAPING cost for changes ................... 21-1, 21-2 Swimming pool requirements............ 25-5 Social security.......................... 2-136 et seq. See: SOCIAL SECURITY FERTILIZER-FRIENDLY USE ORDINANCE Taxation. See that subject Applicability ........................... 27-75 Village manager........................ 2-118 Definitions............................. 27-72 Enforcement;penalties; appeals ......... 27-84 FINES, FORFEITURES AND OTHER Appeals ............................. 27-84(d) PENALTIES Enforcement......................... 27-84(a) Code enforcement;fines and liens ....... 2-178 Disposition of penalty funds .......... 27-84(c) Code of ordinances, provisions re general Penalties ............................ 27-84(b) penalty, continuing violations, and Exemptions ............................ 27-81 prosecution costs .................. 1-8 Fertilizer Parking violation....................... 18-37, 18-38 Application practices................. 27-79 Pension and certain other benefits for fire Content and application rates......... 27-78 and police employees Free zones........................... 27-77 Board of trustees for; forfeiture of Findings ............................... 27-73 membership on board for absentee- Licensing of commercial applicators ..... 27-83 ism............................. 2-164(b) Management of grass clippings and vegeta- Contributions;forfeitures............. 2-163(d) tive matter........................ 27-80 Purpose and intent ..................... 27-74 FIRE PREVENTION AND PROTECTION Timing of fertilizer application .......... 27-76 Barbecue grills and similar cooking devices 19-10 Title................................... 27-71 Code enforcement, applicability re....... 2-173 Training............................... 27-82 Fire rescue department................. 2-81 et seq. See:FIRE RESCUE DEPARTMENT FINANCES Florida fire prevention code Budget procedures...................... 2-2 Adopted by reference................. 12-16 Country club Annual fire inspection and establish- Delinquent accounts;penalties........ 9-32 ment of fee schedule ............ 12-17 Court cost Review of construction plans and fire Assessment of additional court costs for suppression, detection and alarm criminal justice education systems and establishment of fee expenditures.................... 1-9 schedule........................ 12-18 Department of finance Hazardous substances, cost recovery for Finance director;duties cleanup, abatement and removal of Accounts of receipts and expenditures 2-59(8) Authority of public safety fire rescue Budget duties ..................... 2-59(2) department..................... 12-102 Cancellation of evidences of old debt 2-59(9) Cost reimbursement to village ........ 12-103 Collect moneys and fees due village. 2-59(12) Definitions .......................... 12-101 Examine books.................... 2-59(6) Exceptions for fire suppression services 12-105 Financial statements .............. 2-59(3) Late fee for failure to reimbursement . 12-106 Fiscal supervision over officers..... 2-59(5) Records.............................. 12-104 Keep accounts..................... 2-59(4) Remedies............................ 12-107 Supp. No. 67 2943 NORTH PALM BEACH CODE Section Section FIRE PREVENTION AND PROTECTION FLOOD DAMAGE PREVENTION(Cont'd.) (Cont'd.) General........................... 12.5-3(b) Pension and certain other benefits for fire Inspections........................ 12.5-3(g) and police employees .............. 2-159 et seq. Modifications of the strict applica- See: PENSIONS AND RETIREMENT tion of the requirements of the Volunteer firefighters, length of service Florida Building Code ........ 12.5-3(e) award plan for .................... 2-170 et seq. Notices and orders................. 12.5-3(D See: PENSIONS AND RETIREMENT Other duties of the Floodplain FIRE RESCUE DEPARTMENT Administrator................ 12.5-3(h) Composition............................ 2-83 Substantial improvement and Emergency medical services............. 11.5-21 et seq. substantial damage determina- See: EMERGENCIES tions......................... 12.5-3(d) Fire chiefs duties....................... 2-81 Inspections .......................... 12.5-6 Functions.............................. 2-82 Buildings, structures and facilities Disaster response.................... 2-82(6) exempt from the Florida Build- Emergency medical services .......... 2-82(5) ing Code ..................... 12.5-5(c) Fire fighting......................... 2-82(3) Final inspection................. 12.5-5(e) Fire prevention ...................... 2-82(4) Lowest floor inspection.......... 12.5-5(d) Maintain equipment ................. 2-82(2) Development other than buildings Report losses ........................ 2-82(1) and structures................ 12.5-5(b) Interference with police and fire rescue General........................... 12.5-5(a) department telephone trunk lines Manufactured homes .............. 12.5-5(D prohibited......................... 19-215 Permits.............................. 12.5-4 FIREARMS AND WEAPONS Application for a permit or approval... 12.5-4(d) Buildings, structures and facilities Concealed weapons, carrying............ 19-184 Forfeiture;disposition................... 19-186 exempt from the Florida Build- Possession ............................. 19-183 ing Code ..................... 12.54(c) Sales restricted Expiration ........................ 12.54(f) Record of sales required.............. 19-185(c) Floodplain development permits or Specified weapons, display and sale of. 19-185(b) approvals .................... 12.5-4(b) Switchblade knives prohibited ........ 19-185(a) Other permits required ............ 12.5-4(h) Stench bombs prohibited................ 19-82 Permits required .................. 12.5-4(a) See: STENCH BOMBS Suspension or revocation........... 12.5-4(g) Validity of permit or approval ...... 12.5-4(e) FLOOD DAMAGE PREVENTION Site plans and construction documents 12.5-5 Administration Additional analyses and certifica- General provisions ................... 12.5-1 tions......................... 12.5-5(c) Coordination with the Florida Build- Information for development in flood ing Code ..................... 12.5-1(d) hazard areas ................. 12.5-5(a) Disclaimer of liability.............. 12.5-1(f) Information in flood hazard areas Intent............................. 12.5-1(c) without base flood elevations.. 12.5-5(b) Scope............................. 12.5-1(b) Submission of additional data...... 12.5-5(d) Title.............................. 12.5-1(a) Variances and appeals................ 12.5-7 Warning .......................... 12.5-1(e) Appeals........................... 12.5-7(b) Applicability......................... 12.5-2 Abrogation and greater restrictions. 12.5-2(f) Conditions for issuance of variances 12.5-7(h) Areas to which chapter applies..... 12.5-2(b) Considerations for issuance of vari- Basis for establishing flood hazard antes ........................ 12.5-7(g) areas ........................ 12.5-2(c) Functionally dependent uses ....... 12.5-7(D General........................... 12.5-2(a) General........................... 12.5-7(a) Interpretation..................... 12.5-2(g) Historic buildings ................. 12.5-7(e) Other laws........................ 12.5-2(e) Limitations on authority to grant Submission of additional data to variances .................... 12.5-7(c) establish flood hazard areas... 12.5-2(d) Restrictions in floodways........... 12.5-7(d) Duties and powers of the floodplain Violations ........................... 12.5-8 administrator................... 12.5-3 Authority ......................... 12.5-8(b) Applications and permits........... 12.5-3(c) Penalties for noncompliance........ 12.5-8(d) Designation....................... 12.5-3(a) Unlawful continuance.............. 12.5-8(c) Floodplain management records.... 12.5-3(i) Violations......................... 12.5-8(a) Supp. No. 67 2944 CODE INDEX Section Section FLOOD DAMAGE PREVENTION(Cont'd.) FLOOD DAMAGE PREVENTION(Cont'd.) Definitions Tanks ............................... 12.5-36 General ............................. 12.5-21 Above-ground tanks Definitions........................ 12.5-21(d) Elevated........................ 12.5-35(c) Scope............................. 12.5-21(a) Not elevated.................... 12.5-35(b) Terms Tank inlets and vents.............. 12.5-35(d) Defined in the Florida Building Underground tanks................ 12.5-35(a) Code ...................... 12.5-21(b) Not defined..................... 12.5-21(c) FLORIDA, STATE OF. See: STATE Flood resistant development FOLLOWING, PRECEDING Buildings and structures ............. 12.5-31 Definitions and rules of construction..... 1-2 Buildings and structures seaward of the coastal construction control FOOD AND FOOD PREPARATION line.......................... 12.5-31(b) Barbecue grills and similar cooking devices 19-10 Critical facilities................... 12.5-31(c) FORFEITURES. See: FINES, Design and construction of build- FORFEITURES AND OTHER PENAL- ings, structures and facilities TIES exempt from the Florida Build- ing Code ..................... 12.5-31(a) FOWL. See:ANIMALS AND FOWL Manufactured homes................. 12.5-34 FRANCHISES Anchoring......................... 12.5-34(c) Enumerated. See Appendix D Elevation ......................... 12.5-34(d) Use of rights-of-way for utilities......... 28-1 et seq. General requirement............ 12.5-34(e) See:UTILITIES Requirement for certain existing manufactured home parks and subdivisions........... 12.5-34(f) G Enclosures ........................ 12.5-34(g) GAMBLING Foundations....................... 12.5-34(b) Animals, causing to fight................ 4-8 General........................... 12.5-34(a) Simulated gambling devices............. 17-40 et seq. Utility equipment ................. 12.5-34(h) See: SIMULATED GAMBLING Other development................... 12.5-37 DEVICES Concrete slab uses in coastal high hazard areas ................. 12.5-37(e) GARAGE AND OTHER SALES Decks and patios in coastal high Garage sales ........................... 17-61 hazard areas ................. 12.5-37(f) Permit required ........................ 17-62 Fences in regulated floodways...... 12.5-37(b) Violations and penalties ................ 17-63 General requirements for other development ................. 12.5-37(a) GARBAGE AND TRASH Nonstructural fill in coastal high Abatement of public nuisances on private hazard areas ................. 12.5-37(h) property .......................... 14-79 et seq. Other development in coastal high See:NUISANCES hazard areas ............ 12.5-37(g) Boats;refuse disposal................... 5-12 Retaining walls, sidewalks and Garbage collection and disposal driveways in regulated flood- Charges ways......................... 12.5-37(c) Commercial use property waste Roads and watercourse crossings in disposal fees and collection regulated floodways........... 12.5-37(d) procedures ................... 14-30 Recreational vehicles and park trailers 12.5-35 Fee for excess amounts from com- Permanent placement.............. 12.5-35)b) mercial establishments ....... 14-28 Generall Temporary placement.............. 12.5-35(a) y ......................... 14-27 Site improvements,utilities and limita- When and where paid.............. 14-29 tions ........................... 12.5-33 Definition ........................... 14-23 Limitations on Frequency of collection ............... 14-26 Garbage cans Placement of fill ................ 12.5-33(e) Sites in coastal high hazard areas 12.5-33(f) Kept covered...................... 14-25 Required.......................... 14-24 Sites in regulatory floodways .... 12.5-33(d) Landscaping;refuse container areas..... 27-41 Minimum requirements............ 12.5-33(a) Public works department Subdivisions......................... 12.5-32 Refuse disposal division.............. 2-85(2) Minimum requirements............ 12.5-32(a) Subdivision plats.................. 12.5-32(b) GATHERINGS. See:ASSEMBLIES Supp. No. 67 2945 NORTH PALM BEACH CODE Section Section GENDER HOME OCCUPATIONS (Cont'd.) Definitions and rules of construction..... 1-2 Definitions............................. 17-3(b) GOLF ADVISORY BOARD Effective date .......................... 17-3(i) Local business tax. See also that subject Composition and terms ................. 9-17 Generally............................ 17-16 et seq. Composition ......................... 9-17(a) Home occupation provisions Officers.............................. 9-17(c) Affidavit of applicant required...... 17-3(e) Terms............................... 9-17(b) Appeals........................... 17-30) Creation ............................... 9-16 Requirement of business tax receipt 17-3(c) Duties ................................. 9-19 Permitted uses,home occupations as .... 17-3(a) Meetings............................... 9-18 Repeal of ordinances.................... 17-3(h) GUNS. See: FIREARMS AND WEAPONS Standards.............................. 17-3(d) Violation of standards or conditions deemed H a Code violation................... 17-3(f) HANDBILLS HOUSING Distribution restricted.................. 19-7 Abandoned real property................ 15-11 et seq. See:PROPERTY HANDGUNS. See: FIREARMS AND Boats, docks and waterways WEAPONS Live aboard boats.................... 5-15, 5-25 HANDICAPPED PERSONS. See:DISABLED Minimum housing standards............ 15-27 et seq. AND HANDICAPPED PERSONS See:PROPERTY Property maintenance standards ........ 15-1 et seq. HAZARDOUS SUBSTANCES See:PROPERTY Recovery of costs for cleanup, abatement HOUSING CODE and removal....................... 12-101 et seq. Adopted by reference ................... 15-1 See: FIRE PREVENTION AND Amendments........................... 15-2 PROTECTION Code enforcement, applicability re....... 2-173 HEALTH AND SANITATION Abatement of public nuisances on private I property .......................... 14-79 et seq. See: NUISANCES IMPERSONATION Animals and fowl,provisions re ......... 4-11 et seq. Impersonating police officer; fireman or See:ANIMALS AND FOWL other village official ............... 19-8 Bathing regulations IMPOUNDMENT Diseased persons prohibited from bath- ing in public pool,etc............ 19-3 Boats, docks and waterways; unlawfully Boats,docks, etc., provisions re.......... 5-10 et seq. anchored or moored vessels See: BOATS, DOCKS AND Department of law enforcement to WATERWAYS impound........................ 5-19 Code enforcement, applicability re....... 2-173 Owner to be notified upon impound- Garbage and trash...................... 14-23 et seq. ment........................... 5-20, 5-21 See: GARBAGE AND TRASH Dogs and cats .......................... 4-30 Park and recreation facilities; failure to INDECENCY AND OBSCENITY cooperate in keeping restrooms neat Adult entertainment establishments or sanitary........................ 20-2 Zoning regulations re. See: ZONING Property maintenance standards (Appendix C) Exterior property areas............... 15-2 Alcoholic beverage establishments;nudity, Sanitation......................... 15-2(a) partial nudity, sexual conduct Rabies control.......................... 4-42 et seq. prohibited......................... 3-4 See:ANIMALS AND FOWL Topless costumes ....................... 19-64 HEDGES. See:FENCES,WALLS,HEDGES Vulgar language........................ 19-65 AND ENCLOSURES Window peeping........................ 19-66 HITCHHIKING INSURANCE EXCISE TAXES Prohibitions............................ 19-6 Casualty insurance premiums........... 26-16 HOME OCCUPATIONS Property insurance premiums........... 26-17 Customer service requirements and INTRACOASTAL WATERWAY performance standards............. 17-2 Marine sanctuary, designation as........ 5-101 Supp. No. 67 2946 CODE INDEX Section Section INVESTMENTS LANDSCAPING(Cont'd.) Investment policy of the village ......... 2-4 Improved nonresidential properties in existence on September 23, 1971 Applicable requirements.............. 27-40(b) Exceptions........................... 27-40(c) JOINT AUTHORITY Objectives ........................... 27-40(a) Definitions and rules of construction..... 1-2 Planning commission, submission of plans to ........................ 27-40(d) K Objectives.............................. 27-32 Off-street parking landscape manual .... 27-38 KNIVES. See:FIREARMS AND WEAPONS Plot use plan approval prerequisite to issuance of permits for building and L paving............................ 27-37 Property maintenance standards LAKE WORTH Exterior property areas............... 15-2 Marine sanctuary, designation as........ 5-101 Landscaping ...................... 15-2(c) Regulations governing construction of Refuse container areas.................. 27-41 docks, piers in Lake Worth and Scope;applicability..................... 27-34 Atlantic Ocean .................... 5-85 Zoning ordinance,conflict with.......... 27-39 LAND LAW ENFORCEMENT, DEPARTMENT OF Buildings; construction on public land (POLICE DEPARTMENT) prohibited......................... 6-1 Boats, docks and waterways; unlawfully Planning and development.............. 21-01 et seq. anchored or moored vessels See:PLANNING AND DEVELOPMENT Department of law enforcement to Subdivision regulations................. 36-1 et seq. impound........................ 5-19 See: SUBDIVISIONS(Appendix B) Chief of police's duties .................. 2-75 LANDSCAPING Composition............................ 2-76 Accessways............................. 27-36 Generally............................ 2-76(a) Appearance plan (Appendix A). See that Operations division .................. 2-76(b) subject Operations support division........... 2-76(c) Application of provisions;enforcement ... 27-33 LIBRARY Certain yard areas,off-street parking and Damaging property unlawful............ 16-1 other vehicular use areas Department of library Existing plant material............... 27-67 Librarian............................ 2-93 Installation.......................... 27-60 Library board Maintenance......................... 27-61 Appointment......................... 16-17 Parking area interior landscaping..... 27-65 Compensation, service without........ 16-20 Perimeter landscaping relating to abut- Composition......................... 16-17 ting properties.................. 27-64 Established.......................... 16-16 Plant material Meetings ............................ 16-23 Ground covers..................... 27-62(e) Organization......................... 16-21 Lawn grass ....................... 27-62(f) Powers and duties.................... 16-22 Quality ........................... 27-62(a) Qualifications........................ 16-19 Shrubs and hedges ................ 27-62(c) Removal from office .................. 16-24 Tree species....................... 27-62(b) Term of office........................ 16-17 Vines ............................. 27-62(d) Vacancies............................ 16-18 Required landscaping adjacent to public rights-of-way ................... 27-63 LICENSES AND PERMITS Scope, applicability................... 27-59 Alarm permit .......................... 19-208 et seq. Sight distance adjacent to public rights- See:ALARMS of-way and points of access ...... 27-66 Boat launching area permits ............ 5-34 Certificate of completion................ 27-35 Bulkhead lines;filling permit ........... 7-16 et seq. Code enforcement, applicability re....... 2-173 See:BULKHEAD LINES Completed landscaping required for Bulkheads and seawalls................. 5-72 certificate of use and occupancy .... 27-37 Code enforcement, applicability re....... 2-173 Definitions............................. 27-31 Communications services Fertilizer use........................... 27-71 et seq. Suspension or denial of permits....... 29-7 See: FERTILIZER-FRIENDLY USE Community development department ORDINANCE Permits and inspections.............. 2-112(1) Supp. No. 67 2947 NORTH PALM BEACH CODE Section Section LICENSES AND PERMITS (Cont'd.) MEASURES. See: WEIGHTS AND Driveways. See herein: Sidewalk and MEASURES Driveway Permits Emergency medical services............. 11.5-21 MEDICAL SERVICES Flood damage prevention development Emergency medical services............. 11.5-21 et seq. permit............................ 12.5-22 See:EMERGENCIES Garage,related sales ................... 17-62 Home occupations. See also that subject MEETINGS. See:ASSEMBLIES Generally............................ 17-16 et seq. MISSILES, STONES, ETC. Business tax receipt for home occupa- tions......................... 17-3(c)et seq. Park and recreation facilities; meeting MONTH and gathering permits ............. 20-31 et seq. Definitions and rules of construction..... 1-2 See: PARKS, PLAYGROUNDS AND RECREATION MONUMENTS Peddlers and solicitors permit........... 17-83 et seq. Subdivisions, required improvements re 36-27 See: PEDDLERS AND SOLICITORS Seawalls. See herein: Bulkheads and MOTOR VEHICLES AND TRAFFIC Seawalls Ambulances............................ 17-50, 17-51 Sidewalk and driveway permits ......... 24-55 et seq. Businesses located outside village limits; See: STREETS, SIDEWALKS AND marking of commercial vehicles .... 17-34.13 PUBLIC PLACES Combat Auto Theft(CAT)............... 18-19 Street excavation permits............... 24-28,24-29 Discarded vehicles,etc.) Swimming pool permits................. 25-3 Abatement of public nuisances on private Utilities property........................ 14-79 et seq. Use of rights-of-way for utilities; writ- See: NUISANCES ten permit...................... 28-2,28-3 Hitchhiking prohibited.................. 19-6 LOCAL BUSINESS TAX Local business tax; marking of com- Regulations enumerated ................ 17-16 et seq. mercial vehicles ................... 17-33.1 See: BUSINESS REGULATIONS Motorized scooters...................... 18-20 Park regulations re traffic............... 20-5 LODGING Parking. See herein: Stopping, Standing Unauthorized lodging and camping...... 19-11 and Parking LOGO Property maintenance standards Village logo ............................ 1-10 Exterior property areas............... 15-2 Motor vehicles..................... 15-2(i) LOTS Stopping, standing and parking Subdivision design standards............ 36-18 Boats and boat trailers; parking on Zoning regulations...................... 45-1 et seq. residential property restricted in See: ZONING(Appendix C) R-1 and R-2 residential zoning districts ........................ 18-35 M Definitions .......................... 18-33 MANAGER. See:VILLAGE MANAGER Parking restricted.................... 18-34 Recreational vehicles and trailers;park- MANGROVE STANDS ing on residential property Flood damage prevention provisions ..... 12.5-45 restricted in R-1 and R-2 MAPS. See: SURVEYS,MAPS AND PLATS residential zoning districts ...... 18-35.1 Signs, parking in violation of......... 18-36 MARINE SANCTUARIES Vehicle, trailer or boat parking Designated............................. 5-101 prohibited upon paved or unpaved area of the road right-of-way of MAY, SHALL specific roadways ............... 18-34.1 Definitions and rules of construction..... 1-2 Violations;fines MAYOR Handicap spaces................... 18-37 Civil disorders and disturbances Non-handicap spaces .............. 18-38 Mayor designated local authority for Vehicular operation preservation of public peace ..... 8-21 Speed limits Village council; presiding officer at meet- Generally ......................... 18-16 ings............................... 2-18 Weight limitations on certain roads ... 18-18 Supp. No. 67 2948 CODE INDEX Section Section N OFFICERS AND EMPLOYEES NOISE CONTROL Administrative code .................... 2-39 et seq. See:ADMINISTRATIVE CODE Definitions............................. 19-99 Chief of police's duties .................. 2-75 Dissemination of information............ 19-106 Definitions and rules of construction..... 1-2 Enforcement ........................... 19-104 Elections............................... 10-1 et seq. Exemptions ............................ 19-101 See:ELECTIONS Permissible time for construction activity 19-105 Emergency management Prohibition against Speakers in rights-of-way and air space 19-102 Exempt employee emergency dutyCompensation..................... 8-31 Unreasonable noise .................. 19-100 Finance director........................ 2-59 Radios or other mechanical sound-making Fire chiefs duties....................... 2-81 devices or instruments in vessels, Golf advisory board..................... 9-16 et seq. operation of....................... 19-103 See: GOLF ADVISORY BOARD NUDITY Impersonating village official............ 19-8 Topless costumes prohibited............. 19-64 Librarian .............................. 2-93 Mayor ................................. 2-18, 8-16 NUISANCES Pensions and retirement. See also that Abandoned real property................ 15-11 et seq. subject See: PROPERTY Length of service award plan for Abatement of public nuisances on private volunteer firefighters............ 2-170 et seq. property Pension and certain other benefits for Abatement of public nuisance......... 14-82 fire and police employees........ 2-159 et seq. Assessment of costs and imposition of Pension and certain other benefits for lien ............................ 14-83 general employees .............. 2-146 et seq. Definitions .......................... 14-79 Social security....................... 2-136 et seq. Notice of public nuisance;right to request Police hearing......................... 14-81 Reserve force Uses or activities constituting a public Appointment to service by chief of nuisance........................ 14-80 Animals creating nuisances ............. 4-12 police........................ 23-45 False alarms Public works director ................... 2-84 Excessive false alarms declared public Recreation director ..................... 2-110 nuisance........................ 19-212 Social security.......................... 2-136 et seq. Panhandling ........................... 19-12 See: SOCIAL SECURITY Rabid animals declared nuisance........ 4-42 Village clerk and deputy village clerk.... 2-67 et seq. See: DOCUMENTS AND PUBLIC NUMBER RECORDS Definitions and rules of construction..... 1-2 Village manager........................ 2-115 et seq. See:VILLAGE MANAGER 0 OFFICIAL TIME OATH,AFFIRMATION,SWEAR OR SWORN Definitions and rules of construction..... 1-2 Administrative code, provisions re oaths OPEN SPACES. See: YARDS AND OPEN of office ........................... 2-41 SPACES Definitions and rules of construction..... 1-2 General employees retirement board;oaths ORDINANCES. See: CODE OF of office ........................... 2-154 ORDINANCES Reserve police force;oath required....... 23-47 OWNER OBSCENITY. See: INDECENCY AND Definitions and rules of construction..... 1-2 OBSCENITY OBSTRUCTIONS P Passageways, obstructing ............... 19-47 PALM BEACH COUNTY. See: COUNTY OFFENSES Definitions............................. 19-1 PARKING Enumerated............................ 19-3 et seq. Boat launching area See also specific offenses as indexed Vehicle/trailer parking in designated State misdemeanors adopted............ 19-2 areas........................... 5-35 Supp. No. 67 2949 NORTH PALM BEACH CODE Section Section PARKING(Cont'd.) PARKS, PLAYGROUNDS AND Landscaping,provisions re off-street park- RECREATION(Cont'd.) ing ............................... 27-38,27-59 Traffic et seq. Enforcement of traffic regulations..... 20-5(2) See: LANDSCAPING Operation confined to roads........... 20-5(5) Parks;designated parking areas......... 20-5(6) Parking areas designated............. 20-5(6) Stopping, standing and parking ......... 18-34 et seq. Signs................................ 20-5(3) See: MOTOR VEHICLES AND TRAF- Speed of vehicles..................... 20-5(4) FIC State motor vehicle laws.............. 20-5(l) Zoning, provisions re off-street parking .. 45-27 et seq. Trees See: ZONING(Appendix C) Climbing trees, etc. .................. 20-4 PARKS, PLAYGROUNDS AND Use by public only...................... 20-1 RECREATION Alcoholic beverages PEDDLERS AND SOLICITORS Consumption on playgrounds and public Age restrictions ........................ 17-91 parks........................... 3-3 Appeal................................. 17-93 Bicycles Definitions............................. 17-82 Operation in safe manner, etc. ........ 20-6(2) Enforcement ........................... 17-94 Operation prohibited in certain areas 20-6(1) Granting or rejecting application........ 17-85 Boat launching areas License Vehicle/trailer parking in designated Application for....................... 17-84 areas........................... 5-35 Limitation on hours for peddling or solicita- Buildings or structure, erecting ......... 20-3 tion............................... 17-88 Department of recreation Director's duties Notice by property owners .............. 17-90 Conduct community activity........ 2-110(2) Permit Supervise recreation areas......... 2-110(1) Application for....................... 17-84 Ejectment of violators................... 20-8 Display of ........................... 17-87 Enforcement of provisions, responsibility. 20-7 Not transferable ..................... 17-86 Golf advisory board..................... 9-16 et seq. Required ............................ 17-83 See: GOLF ADVISORY BOARD Revocation of........................ 17-92 Hours regulated........................ 20-1 Prohibited practices .................... 17-89 Meetings and gatherings Purpose................................ 17-81 Liability for loss or injury ............ 20-23 Permit PENALTIES. See: FINES, FORFEITURES Appeal from refusal to issue........ 20-35 AND OTHER PENALTIES Application........................ 20-33 PENSIONS AND RETIREMENT Form ............................. 20-32 ICMA defined contribution pension plan Issuance standards ................ 20-34 Administrative services agreement and Required.......................... 20-31 adoption agreements ............ 2-170.14 Revocation........................ 20-36 Creation.date........................ 2-170.12 Rules and regulations,permittee bound Effective date........................ 2-170.15 by.............................. 20-22 Property used to violate provisions, Vesting period ....................... 2-170.13 confiscation of..................... 20-9 Length of service award plan for volunteer Recreation advisory board firefighters Created ............................. 20-61 Benefit formula...................... 2-170.6 Duties............................... 20-66 Contact person....................... 2-170.10 Meetings ............................ 20-65 Effective date........................ 2-170.3 Officers'quorum,compensation....... 20-64 Eligibility ........................... 2-170.4 Removal............................. 20-63 Entitlement age...................... 2-170.5 Terms............................... 20-62(b) Plan, name of........................ 2-170.2 Vacancies............................ 20-62(c) Point system......................... 2-170.11 Recreational vehicles and trailers; park- Preretirement death benefit .......... 2-170.7 ing on residential property restricted Purpose ............................. 2-170 in R-1 and R-2 residential zoning Sponsor, name of..................... 2-170.1 districts........................... 18-35.1 Trustee and contact person........... 2-170.10 Restrooms,failure to cooperate in keeping Vesting provisions, schedule of........ 2-170.8 neat or sanitary ................... 20-2 Village contributions ................. 2-170.9 Supp. No. 67 2950 CODE INDEX Section Section PENSIONS AND RETIREMENT(Cont'd.) PENSIONS AND RETIREMENT(Cont'd.) Pension and certain other benefits for fire Retirement benefit................. 2-148(b) and police employees Retirement date................... 2-148(a) Benefit amounts Termination of employment........ 2-148(f) 401(a)(9)Required Distributions.... 2-161(i) Contributions Cost of living...................... 2-161(8) Member contributions ............. 2-150(b) Disability retirement .............. 2-161(e) Other contributions................ 2-150(c) Early retirement .................. 2-161(b) Village contributions............... 2-150(a) Formula .......................... 2-161(c) Cost of living adjustment............. 2-158 Limitation on ..................... 2-161(h) Creation of plan and trust............ 2-146.1 Normal retirement benefit ......... 2-161(a) Definitions .......................... 2-146 Preretirement death............... 2-161(d) Discharged members................. 2-156(a) Termination benefits and vesting... 2-161(f) Distribution of Benefits .............. 2-156(h) Board of trustees Incompetence........................ 2-156(d) Bring and defend lawsuits Maximum Pension Powers ......................... 2-164(e) Additional Limitation on Pension Composition....................... 2-164(a) Benefits...................... 2-156(f)(2) Forfeiture of membership on board Section 415(b)Internal Revenue Code for absenteeism .............. 2-164(b) Limits ....................... 2-156(f)(1) Meetings.......................... 2-164(d) Membership Power and authority............... 2-166 Application for membership........ 2-147(b) Reports and records ............... 2-164(c) Change in designation of beneficiary 2-147(c) Contributions Conditions of eligibility ............ 2-147(a) Employer ......................... 2-163(c) Nonassignability..................... 2-156(b) Forfeitures........................ 2-163(d) Member........................... 2-163(a) Normal and optional forms of benefits. 2-149 State ................. ........... 2-163(b) Pension validity...................... 2-156(c) Creation of trust and definitions...... 2-159 Repeal or termination of system ...... 2-155 Creation of trust .................. 2-159(a) Retirement board Definitions........................ 2-159(b) Additional rules and regulations Direct transfers of eligible rollover authorized ................... 2-152 distribution..................... 2-170 Established ....................... 2-151 Discharged members................. 2-169(a) Investing funds;custodian of securi- False, misleading statements made to ties.......................... 2-153 obtain retirement benefits Oaths of office;meetings;quorum... 2-154 prohibited ...................... 2-169(f) Rollovers, direct transfers of eligible Incompetents ........................ 2-169(d) rollover distribution Insurers,tax on...................... 2-167 Definitions........................ 2-157(b) Membership General........................... 2-157(a) Application for membership........ 2-160(b) Mandatory distributions ........... 2-157(d) Buy-back of previous service ....... 2-160(d) Rollovers from qualified plans...... 2-157(c) Changes in designation of beneficiary 2-160(c) Section 401(a)(17) Limitation on Conditions of eligibility ............ 2-160(a) Compensation .................. 2-156(8) Nonassignability..................... 2-169(b) Social security.......................... 2-136 et seq. Number and gender.................. 2-169(e) See: SOCIAL SECURITY Optional forms of benefits ............ 2-162 Volunteer firefighters, length of service Pension validity...................... 2-169(c) award plan for. See herein:Length of Prior service......................... 2-165 Service Award Plan for Volunteer Repeal or termination of plan......... 2-168 Firefighters Tax on insurers...................... 2-167 Pension and certain other benefits for PERMITS. See:LICENSES AND PERMITS general employees Bargaining unit employees ........... 2-156(e) PERSON Benefit amounts and eligibility Definitions and rules of construction..... 1-2 Early retirement Age ............................ 2-148(d)(1) PIERS Benefit......................... 2-148(d)(2) Docks and piers, construction require- Late retirement ................... 2-148(c) ments re.......................... 5-81 et seq. Preretirement death............... 2-148(e) See: BOATS, DOCKS AND Refund of contribution............. 2-148(8) WATERWAYS Supp. No. 67 2951 NORTH PALM BEACH CODE Section Section PLANNING AND DEVELOPMENT PLANNING AND DEVELOPMENT(Cont'd Appearance plan (Appendix A). See that Public facility adequacy, review to subject determine.................... 21-47(c) Archaeological site protection regulations 21-101 et seq. Short title ........................... 21-41 See: ARCHAEOLOGICAL SITE Filing fees and costs for voluntary annexa- PROTECTION tion of land Board of adjustment Enactment and authority............. 21-2(a) Composition;conduct generally Fees: application..................... 21-2(c) Administrative orders, review of.... 21-21(d) Jurisdiction.......................... 21-2(b) Created........................... 21-21(a) Planning commission, advice of....... 21-2(d) Decision of administrative official, Public notice requirements for develop- appeals to board from......... 21-21(e) ment applications and approvals Hearing of appeals ................ 21-21(g) Generally............................ 21-3(a) Judicial review of decisions of board 21-21(h) Mailing requirements ................ 21-3(b) Membership; terms; alternate; Newspaper requirements............. 21-3(d) compensation................. 21-21(b) Posting requirements................. 21-3(c) Powers and duties................. 21-21(c) Stormwater management ............... 21-61 et seq. Stay of work and proceedings on See: STORMWATER MANAGEMENT appeal ....................... 21-21(f) Subdivision regulations................. 36-1 et seq. Community development department See: SUBDIVISIONS (Appendix B) Planning division .................... 2-112(3) Zoning regulations...................... 45-1 et seq. See:ZONING(Appendix C) Comprehensive plan Adoption ............................ 21-01 PLANNING COMMISSION Filing fees and costs for changes Composition;conduct generally Enactment and authority .......... 21-1(a) Created ............................. 21-11(a) Fee;application ................... 21-1(c) Meetings ............................ 21-11(c) Jurisdiction ....................... 21-1(b) Membership ......................... 21-11(b) Planning commission, advise of..... 21-1(d) Powers and duties.................... 21-11(d) Concurrency management Zoning ordinances, changes to........... 21-12 Adequate public facilities available to PLATS. See:SURVEYS,MAPS AND PLATS service development............. 21-45 Application.......................... 21-42 PLAYGROUNDS. See: PARKS, Definitions .......................... 21-44 PLAYGROUNDS AND RECREATION Intent and purpose POLICE Comprehensive plan, implementa- Court cost tion of ....................... 21-43(a) Assessment criminal of additional court costs for justice education Management/monitoring and regula- tory program, establishment of 21-43(b) expenditures.................... 1-9 Minimum requirements............ 21-43(c) Department of law enforcement (police Management and monitoring program department)....................... 2-75, 2-76 Amendments to CIE and annual See: LAW ENFORCEMENT, DEPART- budget,recommendations on.. 21-46(c) MENT OF (POLICE DEPART- Annual public facilities update report 21-46(b) MENT) Generally ......................... 21-46(a) Impersonating police officer............. 19-8 Proportionate fair-share program Interference with police and fire rescue Applicability ...................... 21-48(b) department telephone trunk lines Application process................ 21-48(e) prohibited......................... 19-215 Appropriation of fair-share revenues 21-48(i) Oaths of office Determining proportionate fair-share Members of police department, form of obligation.................... 21-48(f) oath............................ 2-41(c) General requirements.............. 21-48(c) Persons required to take oath of office. 2-41(a)(2) Impact fee credit for proportionate Pension and certain other benefits for fire fair-share mitigation.......... 21-48(g) and police employees .............. 2-159 et seq. Intergovernmental coordination .... 21-48(d) See:PENSIONS AND RETIREMENT Proportionate fair-share agreements 21-48(h) Reserve force Purpose and intent ................ 21-48(a) Application for membership .......... 23-43 Regulatory program Appointment to service by chief of police 23-45 Exemptions ....................... 21-47(b) Compensation ....................... 23-50 Generally ......................... 21-47(a) Created;purpose..................... 23-42 Supp. No. 67 2952 CODE INDEX Section Section POLICE(Cont'd.) PROPERTY(Cont'd.) Oath required ....................... 23-47 Handrails and guards.............. 15-3(k) Powers and duties.................... 23-48 Overhang extensions............... 15-3(i) Reserve list to be maintained......... 23-44 Parking areas ..................... 15-3(n) Resignation.......................... 23-46 Premises identification............. 15-3(c) Uniforms and insignia................ 23-49 Protective treatment............... 15-3(b) POLLUTION Roofs and drainage ................ 15-3(g) Smoke,dust, odors, liquids, etc. ......... 19-9 Stairways, decks, porches and Stormwater management provisions re pol- balconies..................... 15-3(j) lutantloads....................... 21-67 Structural members ............... 15-3(d) Waterways, pollution of................. 5-13 Window, skylight and door frames.. 15-3(1) Welffield protection Glazing......................... 15-3(1)(1) Regulation of business activities with Openable windows .............. 15-3(1)(2) potential to contaminate land and Exterior property areas............... 15-2 water resources................. 19-221 Accessory structures............... 15-2(f) Defacement of property ............ 15-2(j) PRECEDING, FOLLOWING Exhaust vents..................... 15-2(e) Definitions and rules of construction..... 1-2 Gates............................. 15-2(g) PROFANITY Landscaping ...................... 15-2(c) Vulgar language prohibited in public places 19-65 Motor vehicles..................... 15-2(i) Open storage...................... 15-2(k) PROPERTY Rodent harborage ................. 15-2(d) Abandoned real property Sanitation......................... 15-2(a) Additional authority ................. 15-18 Stagnant water.................... 15-2(b) Applicability......................... 15-13 Swimming pools................... 15-2(h) Definitions .......................... 15-12 Extermination....................... 15-6 Immunity of enforcement officer ...... 15-17 Generally............................ 15-1 Maintenance requirements ........... 15-15 Responsibility..................... 15-1(b) Purpose and intent................... 15-11 Scope............................. 15-1(a) Registration of abandoned real property 15-14 Vacant structures and land......... 15-1(c) Security requirements................ 15-16 Interiors of structures................ 15-4 Abatement of public nuisances on private Rubbish and garbage................. 15-5 property .......................... 14-79 et seq. Subdivision regulations................. 36-1 et seq. See: NUISANCES See: SUBDIVISIONS (Appendix B) Appearance plan (Appendix A). See that Unauthorized camping or lodging on public subject or private property ................ 19-11 Boats, docks anmoored vessels d waterways; unlawfully Weeds and brush....................... 14-79 et seq. anchored or See:WEEDS AND BRUSH Unclaimed vessel to be sold; certifica- tion of sale ..................... 5-22 PUBLIC PLACES. See: STREETS, Definitions and rules of construction..... 1-2 SIDEWALKS AND PUBLIC PLACES Dogs on property of others .............. 4-28(b) Insurance excise taxes; property insur- PUBLIC RECORDS. See: DOCUMENTS ante premiums.................... 26-17 AND PUBLIC RECORDS Minimum housing standards Basements and cellars................ 15-26 PUBLIC WORKS DEPARTMENT Minimum standards for basic equip- Director's duties........................ 2-84 ment and facilities .............. 15-25 Divisions Minimum standards for lighting ...... 15-23 Division of facility and fleet maintenance 2-85(1) Minimum standards for ventilation ... 15-24 Refuse disposal ...................... 2-85(2) Purpose ............................. 15-21 Street maintenance .................. 2-85(3) Scope and applicability............... 15-22 Space requirements.................. 15-27 R Property maintenance standards Exterior of structures ................ 15-3 RABIES CONTROL Decorative features................ 15-3(h) Provisions enumerated.................. 4-42 et seq. Doors............................. 15-3(m) See:ANIMALS AND FOWL Exterior walls..................... 15-3(f) Foundation walls .................. 15-3(e) REASONABLE TIME Generally ......................... 15-3(a) Definitions and rules of construction..... 1-2 Supp. No. 67 2953 NORTH PALM BEACH CODE Section Section RECORDS. See: DOCUMENTS AND SIGNS AND BILLBOARDS(Cont'd.) PUBLIC RECORDS Exempt signs........................ 6-112 RECREATION.See:PARK,PLAYGROUNDS Location standards................... 6-117 AND RECREATION Measurement determinations......... 6-116 Permitted permanent accessory signs . 6-115 REFUSE. See: GARBAGE AND TRASH Permitted temporary signs ........... 6-114 Prohibited signs ..................... 6-113 RESTROOMS Provisions generally.................. 6-111 Parks and recreation facilities; failure to Purpose and scope of regulations...... 6-110 cooperate in keeping restrooms neat Severability.......................... 6-118 or sanitary........................ 20-2 Zoning RETIREMENT. See: PENSIONS AND C-3 Regional Business District........ 45-34.1(7) RETIREMENT SIMULATED GAMBLING DEVICES Conflict with state law.................. 17-44 S Definitions............................. 17-40 SAND DUNES Enforcement ........................... 17-45 Flood damage prevention provisions ..... 12.5-45 Exemptions ............................ 17-43 Intent.................................. 17-41 SANITATION. See:HEALTH AND SANITA- Prohibition of re........................ 17-42 TION SOCIAL SECURITY SCHOOLS Agreement authorized .................. 2-138 Coin-operated amusements; proximity to Appropriations by village ............... 2-140 schools restricted.................. 19-4 Declaration of policy.................... 2-136 Exclusions from coverage ............... 2-137 SEAWALLS Records and reports .................... 2-141 Bulkheads and seawalls, construction Social security act adopted.............. 2-143 requirements re ................... 5-69 et seq. Withholding and reporting agent........ 2-142 See: BOATS, DOCKS AND Withholding from wages ................ 2-139 WATERWAYS SEXUAL OFFENDERS AND SEXUAL SPITTING PREDATORS Spitting in public places prohibited...... 19-5 Sexual offender and sexual predator SPORTS residence prohibition .............. 19-31 Golf advisory board..................... 9-16 et seq. SEXUALLY-ORIENTED ENTERTAINMENT See: GOLF ADVISORY BOARD Adult entertainment establishments STATE Zoning regulations re. See: ZONING Definitions and rules of construction..... 1-2 (Appendix C) STENCH BOMBS SHALL, MAY Excepted uses.......................... 19-82(c) Definitions and rules of construction..... 1-2 Possession prohibited................... 19-82(b) SHRUBBERY. See: TREES AND SHRUB- Throwing or depositing ................. 19-82(a) BERM STORMWATER MANAGEMENT SIDEWALKS. See:STREETS,SIDEWALKS Adoption............................... 21-61 AND PUBLIC PLACES Applicability ........................... 21-61 SIGNATURE, SUBSCRIPTION Design................................. 21-61 Definitions and rules of construction..... 1-2 Finished floor of structures,level of...... 21-63 Objectives of system design ............. 21-68 SIGNS AND BILLBOARDS Open channels and outfall ditches....... 21-66 Code enforcement, applicability re....... 2-173 Post development runoff rates, volumes Country club;provisions re signs ........ 9-2 and pollutant loads................ 21-67 Outdoor displays. See herein: Signs and Storm drainage facilities generally ...... 21-64 Outdoor Displays Stormwater retention systems........... 21-69 Parking in violation of signs............. 18-36 Streets Parks, regulations re traffic signs........ 20-5(3) Minimum street grades............... 21-62 Signs and outdoor displays Roadside swales ..................... 21-65 Construction standards............... 6-117 Subdivisions, required improvements re . 36-31 Design standards .................... 6-117 Water quality .......................... 21-70 Supp. No. 67 2954 CODE INDEX Section Section STORMWATER MANAGEMENT(Cont'd.) STREETS, SIDEWALKS AND PUBLIC Zoning;surface water management PLACES (Cont'd.) C-3 Regional Business District........ 45-34.1(8) Emergencies and exemptions ......... 24-24 Fees................................. 24-17 STREETS, SIDEWALKS AND PUBLIC Limitations on pavement disturbance . 24-25 PLACES Pavement restoration standards ...... 24-27 Code enforcement, applicability re....... 2-173 Removal of barricades and signage.... 24-21 Definitions and rules of construction..... 1-2 Right-of-way permit.................. 24-16 Dogs in parks and on streets and sidewalks 4-28(a) Conditions ........................ 24-19 Handbills;distribution restricted........ 19-7 Minimum standards............... 24-20 Hitchhiking prohibited.................. 19-6 Requirements ..................... 24-18 Landscaping ........................... 27-31 et seq. Revocation and penalties........... 24-22 See: LANDSCAPING Immediate revocation ........... 24-22(a) Missiles,throwing...................... 19-83 Other fines ..................... 24-22(b) Motor vehicles and traffic............... 18-16 et seq. See: MOTOR VEHICLES AND TRAF- SUBDIVISIONS (Generally) FIC Appearance plan (Appendix A). See that Obstructing passageway ................ 19-47 subject Profanity;vulgar language prohibited.... 19-65 Code enforcement, applicability re....... 2-173 Public works department Flood damage prevention provisions ..... 12.5-41(4) Streets maintenance division ......... 2-85(3) Zoning regulations...................... 45-1 et seq. Sidewalks and driveways See:ZONING(Appendix C) Building official, driveways to be SUBDIVISIONS (Appendix B) constructed under supervision of. 24-44 (Section contained herein refer to sections Dangerous or abandoned driveways ... 24-46 found within Appendix B) Performance of work by village upon Amendments failure of compliance ............ 24-47 Permits Public hearing required .............. 36-39.1 Definitions Driveway construction General terms ....................... 36-5 Application; information required 24-58 Prohibited in certain instances... 24-57 Specific terms........................ 36-6 Design standards Required ....................... 24-56 Alleys ............................... 36-20 Separate permits required for Blocks. See within this subheading: driveways and sidewalk Lots and Blocks construction.................. 24-55 Comprehensive plan,conformity with 36-17(1) Sidewalks Easements and rights-of-way Constructed required in certain cases 24-41 Access waterways.................. 36-22(c) Exceptions to requirements ........ 24-42 Drainage.......................... 36-22(b) Specifications Utilities........................... 36-22(a) Driveways......................... 24-43(c) Lots and blocks Generally ......................... 24-43(a) Access ............................ 36-18(3) Nonconforming driveways.......... 24-43(d) Block lengths...................... 36-18(6) Sidewalks......................... 24-43(b) Double frontage lots ............... 36-18(5) Smoke,dust, odors, liquids, etc. ......... 19-9 Lot lines .......................... 36-18(4) Spitting in public places prohibited...... 19-5 Lot size........................... 36-18(1) Stormwater management,applicable provi- Residence lots,minimum........... 36-18(2) sions re........................... 21-62,21-65 Public sites and open spaces.......... 36-23 Subdivision regulations................. 36-1 et seq. Rights-of-way. See within this subhead- See: SUBDIVISIONS(Appendix B) ing: Easements and Rights-Of- Swale areas, sodding required in certain Way instances.......................... 24-3 Sidewalks ........................... 36-21 Trees in swale areas.................... 27-16 et seq. Soil and flood hazards,consideration of 36-17(2) See: TREES AND SHRUBBERY Streets Utilities Adjoining property, street access to . 36-19(7) Public utilities, cost of changing or Arterial streets, subdivisions on.... 36-19(2) removal of...................... 24-4 Culs-de-sac........................ 36-19(6) Use of rights-of-way for utilities....... 28-1 et seq. Half streets ....................... 36-19(8) See:UTILITIES Intersection design ................ 36-19(4) Work performed within rights-of-way Minimum street design specifica- Appeals ............................. 24-23 tions......................... 36-19(5) Supp. No. 67 2955 NORTH PALM BEACH CODE Section Section SUBDIVISIONS(Appendix B)(Cont'd.) SUBDIVISIONS(Appendix B)(Cont'd.) Minor streets...................... 36-19(1) Preliminary plat procedure Railroads or limited access highway, Application for preliminary plat subdivisions on............... 36-19(3) approval ..................... 36-10(1) Street names...................... 36-19(9) Developments of regional impact ... 36-10(2) Subdivision entrances................ 36-25 Effect of approval.................. 36-10(9) Water bodies, access to ............... 36-24 Failure of planning commission to Enactment and authority ............... 36-2 take action................... 36-10(8) Enforcement provisions Fees .............................. 36-10(3) Appeals ............................. 36-35 Notification of action .............. 36-10(7) Erection of buildings and issuance of Planning commission action........ 36-10(6) permits......................... 36-38 Planning commission review ....... 36-10(5) General enforcement regulations...... 36-36 Review comments ................. 36-10(4) Land clearing, vegetation and wildlife Preliminary plat specifications........ 36-11 protection and preservation Qualification of person making survey. 36-8 Application procedure for vegetation Reversion of subdivided land to acreage 36-16 removal unrelated to building Purpose and intent ..................... 36-4 permit applications........... 36-38.1(3) Required improvements Exceptions ........................ 36-38.1(5) Bikeways............................ 36-29.1 Fees .............................. 36-38.1(6) Bridges.............................. 36-30 Generally ......................... 36-38.1(1) General requirements................ 36-26 Vegetation protection during construc- Monuments tion.......................... 36-38.1(4) Permanent control points .......... 36-27(b) Vegetation removal permit, applica- Permanent reference monuments... 36-27(a) tion procedure................ 36-3Planned unit development alternatives 36-34 Required improvements .............. 36-37 Screening walls and landscaping...... 36-33 Sidewalks ........................... 36-29 Vegetation. See within this subhead- Storm water management ............ 36-31 ing:Land Clearing,Vegetation and Streets Wildlife Protection and Preserva- Arterial and collector streets....... 36-28(a) tion Curb and gutter................... 36-28(c) Wildlife protection and preservation. Marginal access streets ............ 36-28(b) See within this subheading:Land Pavement base .................... 36-28(f) Clearing, Vegetation and Wildlife Sub rads ......................... 36-28(e) Protection and Preservation Swales............................ 36-28(d) Jurisdiction ............................ 26-3 Wearing surface................... 36-28(g) Legal status Utilities Conflicting regulations ............... 36-41 Sanitary sewer.................... 36-32(a) Effective date........................ 36-42 Septic tanks....................... 36-32(e) Saving clause........................ 36-40 Underground utilities.............. 36-32(d) Plats,platting Water and sewer systems .......... 36-32(c) Procedures for subdivision plat approval. Water supply...................... 36-32(b) See herein that subject Wells Procedures for subdivision plat approval Individual wells prohibited in Construction plan specifications ...... 36-13 certain areas of village ..... 36-32(f) Construction plans procedure Short title.............................. 36-1 Preparation of construction plans... 36-12(1) Submission and review of construc- SUITS AND OTHER PROCEEDINGS tion plans.................... 36-12(2) Code enforcement Surety device,posting of........... 36-12(3) Limitations on actions for money j udg- Final plat procedure ments .......................... 2-182 Application for final plat approval.. 36-14(2) SURVEYS,MAPS AND PLATS Generally ......................... 36-14(1) Official zoning map..................... 45-17 Planning commission action........ 36-14(4) Subdivision regulations................. 36-7 et seq. Planning commission review ....... 36-14(3) See: SUBDIVISIONS (Appendix B) Recording of final plat ............. 36-14(6) Village council action.............. 36-14(5) SWALE AREAS Final plat specifications .............. 36-15 Sodding required in certain instances.... 24-3 General prerequisites to.............. 36-7 Trees in swale areas.................... 27-16 et seq. Pre-application conference............ 36-9 See:TREES AND SHRUBBERY Supp. No. 67 2956 CODE INDEX Section Section SWEAR OR SWORN. See:OATH,AFFIRMA- TELECOMMUNICATIONS (Cont'd.) TION, SWEAR OR SWORN Transfer of control; sale or assignment... 29-11 SWIMMING Underground installation;relocation..... 29-7 Bathing regulations; diseased persons TELEPHONES prohibited from bathing in public Alarms; interference with police and fire pool, etc. .......................... 19-3 rescue department trunk lines Restricted waters, swimming in ......... 5-3 prohibited......................... 19-215 SWIMMING POOLS TELEVISION Barrier/fencing requirements............ 25-5 Cable television rate regulation ......... 17-1 Code enforcement, applicability re....... 2-173 Construction ........................... 25-4 TENSE Country club premises regulations....... 9-1 Definitions and rules of construction..... 1-2 Definitions............................. 25-1 THEFT Elevation .............................. 25-6 Combat Auto Theft(CAT)............... 18-19 Final approval.......................... 25-7 Grade.................................. 15-11 TIME Permits................................ 25-3 Definitions and rules of construction..... 1-2 Property maintenance standards Exterior property areas............... 15-2 TRAFFIC. See: MOTOR VEHICLES AND Swimming pools................... 15-2(h) TRAFFIC Setbacks............................... 25-2 TRAILERS SWITCHBLADE KNIVES Boats and boat trailers; parking on Sale prohibited......................... 19-185(a) residential property restricted in R-1 and R-2 residential zoning districts. 18-35 T Recreational vehicles and trailers; park- ing on residential property restricted TAXATION in R-1 and R-2 residential zoning Insurance excise taxes.................. 26-16,26-17 districts........................... 18-35.1 Local business tax...................... 17-16 et seq. See: BUSINESS REGULATIONS TRASH. See: GARBAGE AND TRASH Pension and certain other benefits for fire TREES AND SHRUBBERY and police employees Abatement of public nuisances on private Tax on insurers...................... 2-167 property .......................... 14-79 et seq. Telecommunications service tax See:NUISANCES Collection............................ 26-52 Code enforcement, applicability re....... 2-173 Compensation ....................... 26-54 Landscaping ........................... 27-31 et seq. Exemptions.......................... 26-53 See:LANDSCAPING Levy ................................ 26-51 Missiles, throwing...................... 19-83 Rate................................. 26-51 Parks and recreation facilities; climbing Utility tax ............................. 26-29 et seq. trees, etc. ......................... 20-4 See: UTILITY TAX Swale areas, trees in TELECOMMUNICATIONS Definitions .......................... 27-16 Compliance with other laws;police power 29-10 Maintenance......................... 27-20 Construction bond...................... 29-13 Planting and removal;written approval Definitions............................. 29-3 required........................ 27-17 Enforcement remedies .................. 29-15 Scope................................ 27-19 Fees and payments ..................... 29-5 Variety and location.................. 27-18 Force majeure.......................... 29-16 Insurance;surety;indemnification....... 29-12 U Intent and purpose ..................... 29-2 Registration............................ 29-4 UTILITIES Involuntary termination.............. 29-9 Flood damage prevention provisions ..... 12.5-41(3), (5) Reports and records .................... 29-6 Franchises enumerated. See Appendix D Rights-of-way, use ...................... 29-8 Street construction work;cost of changing Security fund........................... 29-14 or removal of public utilities ....... 24-4 Service tax,generally................... 26-51 et seq. Subdivision design standards re ease- See: TAXATION ments and rights-of-way ........... 36-22(a) Title................................... 29-1 Subdivisions,required improvements re 36-32 Supp. No. 67 2957 NORTH PALM BEACH CODE Section Section UTILITIES(Cont'd.) WATER SHORTAGE EMERGENCIES Telecommunications service tax ......... 26-51 et seq. Application............................. 19-201 See: TAXATION Definitions............................. 19-200 Use of rights-of-way for utilities Enforcement Code enforcement, applicability re .... 2-173 Emergency power.................... 19-204 Rules and regulations adopted........ 28-1 Generally............................ 19-203 Written permit(franchise) Implementation Contents.......................... 28-3 Exemptions.......................... 19-202(b) Required;term .................... 28-2 Permanent restrictions............... 19-202(a) Sanitation, exception to maintain........ 19-205 UTILITY TAX Violations and penalties ................ 19-206 Collection.............................. 26-30 Exemption ............................. 26-31 WATER SUPPLY AND DISTRIBUTION Levied;rate ............................ 26-29 Stormwater management ............... 21-61 et seq. See: STORMWATER MANAGEMENT V Wellfield protection..................... 19-220, 19-221 Zoning;C-3 Regional Business District VACANT PROPERTY Surface water management........... 45-34.1(8) Property maintenance standards WATERWAYS. See: BOATS, DOCKS AND Generally............................ 15-1 WATERWAYS Vacant structures and land......... 15-1(c) Unauthorized camping, lodging.......... 19-11 WATERWAYS BOARD VILLAGE Composition;terms;vacancies........... 5-103 Definitions and rules of construction..... 1-2 Created................................ 5-102 Duties ................................. 5-105 VILLAGE COUNCIL Organization........................... 5-104 Compensation.......................... 2-16 Removal ............................... 5-106 Definitions and rules of construction..... 1-2 WEAPONS. See: FIREARMS AND Meetings WEAPONS Adjournment of all meetings.......... 2-19 Regular meetings WEEDS AND BRUSH Presiding officer................... 2-18 Abatement of public nuisances on private When held ........................ 2-17 property .......................... 14-79 et seq. Rules of procedure. See herein that See:NUISANCES subject Rules of procedure WEEK Order of business .................... 2-26 Definitions and rules of construction..... 1-2 Parliamentary rules.................. 2-27 WEIGHTS AND MEASURES Village clerk, duties re.................. 2-67 Motor vehicle operation; weight limita- VILLAGE LOGO tions on certain roads.............. 18-18 Adoption............................... 1-10(b) WELLFIELD PROTECTION Description............................. 1-10(a) Business activities with potential to Registration............................ 1-10(d) contaminate land and water Unlawful practices...................... 1-10(c) resources,regulation of............ 19-221 VILLAGE MANAGER County wellfield protection ordinance Administrative code, provisions re....... 2-39 et seq. adopted by reference............... 19-220 See:ADMINISTRATIVE CODE WRITTEN,IN WRITING Bond................................... 2-117 Definitions and rules of construction..... 1-2 Budget................................. 2-118 Budget procedures,duties re ............ 2-2 y Residency.............................. 2-115 VOYEURISM YARDS AND OPEN SPACES Windowpeeping prohibited ............. 19-66 Landscaping ........................... 27-31 et seq. See:LANDSCAPING Zoning regulations...................... 45-27 et seq. W See:ZONING(Appendix C) WALLS. See: FENCES, WALLS, HEDGES YEAR AND ENCLOSURES Definitions and rules of construction..... 1-2 Supp. No. 67 2958 CODE INDEX Section Section Z ZONING(Generally) Appearance plan (Appendix A). See that subject Code enforcement, applicability re....... 2-173 Home occupations ...................... 17-3(a)et seq. See: HOME OCCUPATIONS Landscaping;conflict with zoning ordinance 27-39 Planning commission; changes to zoning ordinances ........................ 21-12 Subdivision regulations................. 36-1 et seq. See: SUBDIVISIONS(Appendix B) Supp. No. 67 2959 CODE INDEX Section Section ZONING(Appendix C) ZONING(Appendix C)(Cont'd.) (Note-Section references herein are Site area ............................ 45-32(C) exclusive to Appendix C) Yards and open spaces ............... 45-32(D) Adult entertainment establishments C-3 Regional Business District Administrative requirements; Height .............................. 45-34.1(5) supplemental Landscaping......................... 45-34.1(4) Plan review ....................... 45-20(8)(b) Location of business for retail sales of Rules of construction .............. 45-20(8)(a) alcoholic beverages.............. 45-34.1(9) Definitions .......................... 45-20(3) Lot coverage;maximum .............. 45-34.1(6) Disclosure of names aliases and dates Off-street loading and internal circula- of birth of employees ............ 45-20(10) tion ............................ 45-34.1(3) Display or exposure of specified anatomi- Off-street parking.................... 45-34.1(2) cal area ........................ 45-20(9) Permitted uses....................... 45-34.1(1) Enforcement......................... 45-20(11) Setbacks............................. 45-34.1(5) Findings of fact...................... 45-20(2) Signs................................ 45-34.1(7) Legislative intent .................... 45-20(1) Special C-3 Planned Unit Development Measurement of distance............. 45-20(5) (PUD)provisions................ 45-34.1(10) Nonconforming uses.................. 45-20(7) Surface water management........... 45-34.1(8) Prohibited locations.................. 45-20(4) C-A Commercial District Variance, none....................... 45-20(6) Architecture......................... 45-31(J) Alcoholic beverages. See also that subject Conditions for permitted uses......... 45-31(C) Location of business for retail sales of Floor area........................... 45-31(I) alcoholic beverages.............. 45-20(2), General description .................. 45-31(A) 45-36.N Height .............................. 45-31(D) C-3 Regional Business District ..... 45-34.1(9) Off-street parking and loading........ 45-31(G) Amendments Off-street parking lot layout, construe- Changes and amendments............ 45-5 tion and maintenance ........... 45-31(H) Fees;waiting periods Permitted uses....................... 45-31(B) Application for variances........... 45-50 Yards and open spaces ............... 45-31(F) Applications for rezoning,etc. ...... 45-49 CB Commercial District Antenna and antenna towers............ 45-21 Architecture......................... 45-31.1(J) Architecture Conditions for permitted uses......... 45-31.1(C) C-A Commercial District ............. 45-31(J) Floor area........................... 45-31.1(I) CB Commercial District .............. 45-31.1(J) General description .................. 45-31.1(A) Automotive service stations Height .............................. 45-31.1(D) Emergency generators required for.... 45-23 Off-street parking and loading........ 45-31.1(G) Buildings Off-street parking lot layout, construc- C-1 Neighborhood Commercial District 45-33(C) tion and maintenance ........... 45-31.1(H) District regulations,buildings and uses Permitted uses....................... 45-31.1(B) to conform to ................... 45-19 Site area ............................ 45-31.1(E) Floor area regulations. See herein:Floor Yards and open spaces ............... 45-31.1(F) Area CC Transitional Commercial District Height regulations. See herein: Height Building height regulations........... 45-32.1(D) Nonconforming uses of land and Building site area regulations......... 45-32.1(E) structures. See herein that subject Conditions for permitted uses......... 45-32.1(C) Site area regulations. See herein: Site General description .................. 45-32.1(A) Area Off-street parking layout ............. 45-32.1(H) C-1 Neighborhood Commercial District Off-street parking regulations ........ 45-32.1(G) Building and floor area regulations ... 45-33(C) Uses permitted ...................... 45-32.1(B) Floor area......................... 45-33(F) Yards................................ 45-32.1(F) Heights.............................. 45-33(B) Changes and amendments .............. 45-5 Off-street parking.................... 45-33(E) Commercial District Permitted uses....................... 45-33(A) Development standards .............. 45-34(B) Conditions for permitted uses ...... 45-33(G) Use and operating restrictions........ 45-34(C) Yard space regulations ............... 45-33(D) Uses permitted ...................... 45-34(A) C-1A Limited Commercial District Conflict of provisions ................... 45-4 Conditions for permitted uses......... 45-32(G) C-OS Conservation and Open Space District Floor area........................... 45-32(F) Coastal zone protection............... 45-35.2(C) Height .............................. 45-32(B) Intent............................... 45-35.2(A) Permitted uses....................... 45-32(A) Permitted uses....................... 45-35.2(B) Supp. No. 67 2961 NORTH PALM BEACH CODE Section Section ZONING(Appendix C)(Cont'd.) ZONING(Appendix C)(Cont'd.) Definitions............................. 45-2 Landscape buffer standards for Congress Adult entertainment establishments .. 45-20(3) Avenue......................... 45-38(I) Rules of construction .............. 45-20(8)(a) Lakes............................. 45-38(1)(6) Historic site overlay district .......... 45-37(b) Minimum width................... 45-38(1)(1) Districts Preserved plant materials.......... 45-38(1)(5) Division of village into districts....... 45-16 Required planting palette for installed Enumerated ......................... 45-16 vegetation.................... 45-38(1)(3) See also specific districts as indexed Restrictions ....................... 45-38(1)(2) General provisions ................... 45-36 Tree and shrub planting require- Emergency generators required for automo- ments........................ 45-38(1)(4) tive service stations ............... 45-23 Northlake Boulevard Overlay Zone.... 45-38(Q) Floor area Off-street parking and loading regula- C-1 Neighborhood Commercial District 45-33(C), (F) tions ........................... 45-38(J) C-1A Limited Commercial District .... 45-32(F) Outdoor storage...................... 45-38(N) C-A Commercial District ............. 45-31(1) Property perimeter requirements ..... 45-38(H) CB Commercial District .............. 45-31.1(1) Screening............................ 45-38(0) R-2 Multiple-Family Dwelling District. 45-28(E) Signs................................ 45-38(P) R-3 Apartment Dwelling District...... 45-30(F) Supplemental use regulations for select Group living facilities................... 45-24 permitted or special exception uses 45-38(D) Height Uses permitted ...................... 45-38(C) C-1 Neighborhood Commercial District 45-33(B) Welffield protection .................. 45-38(F) C-1A Limited Commercial District .... 45-32(B) Interpretation of provisions ............. 45-3 C-3 Regional Business District........ 45-34.1(5) Landscaping C-A Commercial District ............. 45-31(D) C-3 Regional Business District........ 45-34.1(4) CB Commercial District .............. 45-31.1(D) Loading, off-street. See herein: Off-Street CC Transitional Commercial District.. 45-32.1(D) Loading and Internal Circulation R-1 Single-Family Dwelling Districts.. 45-27(B) Lots R-2 Multiple-Family Dwelling District. 45-28(B) C-3 Regional Business District........ 45-34.1(6) R-3 Apartment Dwelling District...... 45-30(B) CB Commercial District .............. 45-31.1(H) Historic site overlay district Nonconforming lots of record ......... 45-62 Definitions .......................... 45-37(b) Map Local register of historic sites Official zoning map. See herein that Creation of........................ 45-37(C) subject Initiation of placement on.......... 45-37(D) Medical marijuana treatment center Placement on........................ 45-37(E) dispensing facilities................ 45-39 Certificate of appropriateness ...... 45-37(H) Nonconforming uses of land and structures Criteria for listing on.............. 45-37(F) Adult entertainment establishments .. 45-20(7) Effect of listing on................. 45-37(G) Extension and enlargement........... 45-61 Purpose ............................. 45-37(a) Intent............................... 45-60 I-1 light industrial district Land, nonconforming uses of.......... 45-63 Access............................... 45-38V Lots of record, nonconforming......... 45-62 Artificial lighting .................... 45-38(K) Repairs and maintenance............. 45-66 Building site area regulations......... 45-38(G) Structures and premises in combina- Maximum floor-area-ratio.......... 45-38(G)(10) tion, nonconforming uses of...... 45-65 Maximum lot coverage............. 45-38(G)(9) Structures,nonconforming............ 45-64 Minimum front setback............ 45-38(G)(4) Temporary uses...................... 45-67 Minimum lot depth................ 45-38(G)(3) Architectural elements Minimum lot width................ 45-38(G)(2) Architectural elements............. 5-5 Minimum rear Setback ............ 45-38(G)(5) Building color and finish........... 5-4 Minimum site area ................ 45-38(G)(1) Building facade/elevation .......... 5-3 Side corner setback................ 45-38(G)(7) Definitions........................ 5-8 Side interior setback............... 45-38(G)(6) Design treatments................. 5-2 Building height.................... 45-38(G)(8) General provisions................. 5-1 Definitions .......................... 45-38(B) Preferred roof materials/styles ..... 5-7 Deliveries adjacent to residential land Window/door treatments........... 5-6 uses............................ 45-38(E) Consistency with comprehensive land Fences,walls and hedges............. 45-38(M) use plan........................ Art. 2 Intent............................... 45-38(A) Established.......................... Art. 1 Supp. No. 67 2962 CODE INDEX Section Section ZONING(Appendix C)(Cont'd.) ZONING(Appendix C)(Cont'd.) General provisions Damaged,destroyed, etc. ............. 45-17(5) Applicability ...................... 3-1 Identification........................ 45-17(2) Procedure and regulations ......... 3-2 Location;final authority.............. 45-17(4) Landscape elements Off-street loading and internal circulation Administration.................... 6-2 C-3 Regional Business District........ 45-34.1(3) Foundation landscaping and plant- Off-street parking ings.......................... 6-12 C-1 Neighborhood Commercial District 45-33(E) Intent............................. 6-1 C-1A Limited Commercial District .... 45-32(E) Irrigation ......................... 6-14 C-3 Regional Business District........ 45-34.1(2) Landscape requirements for off- C-A Commercial District ............. 45-31(G), (H) street parking areas.......... 6-10 CB Commercial District.............. 45-31.1(G), (H) Maintenance ...................... 6-13 CC Transitional Commercial District.. 45-32.1(G), (H) Minimum landscape buffer and plant- R-1 Single-Family Dwelling Districts.. 45-27(E) ing requirements ............. 6-11 R-2 Multiple-Family Dwelling District. 45-28(F) Minimum landscape requirements.. 6-8 R-3 Apartment Dwelling District...... 45-30(E) Miscellaneous landscape elements.. 6-9 New construction and substantial Open spaces. See herein:Yards and Open revision...................... 6-5 Spaces Parking Nonconforming landscape areas .... 6-3 Off-street loading and internal circula- Preferred landscape palette ........ 6-7 tion. See herein that subject Prohibited and standard invasive plants........................ 6-6 Off-street parking regulations. See Pruning........................... 6-15 herein: Off-Street Parking Tree and plant installation......... 6-4 Permitted uses Signage and outdoor displays Automotive Commercial District ...... 45-34(A) Accessory signs.................... 7-5 C-1 Neighborhood Commercial District 45-33(A), (G) Appearance ....................... 7-2 C-1A Limited Commercial District .... 45-32(A), (G) Business signs .................... 7-6 C-2 General Commercial District...... 45-34(A) Definitions........................ 7-11 C-3 Regional Business District........ 45-34.1(1) Design, construction, and location C-A Commercial District ............. 45-31(B),(C) standards.................... 7-9 CB Commercial District.............. 45-31.1(B),(C) Exempt signs...................... 7-3 CC Transitional Commercial District.. 45-32.1(B) Exterior architectural lighting...... 7-10 C-OS Conservation and Open Space General provisions................. 7-1 District......................... 45-35.2(B) Measurement determinations ...... 7-8 R-1 Single-Family Dwelling Districts.. 45-27(A) Removal............................. 2-55 R-2 Multiple-Family Dwelling District. 45-28(A) Street numbers.................... 7-7 R-3 Apartment Dwelling District...... 45-30(A) Temporary signs................... 7-4 Planned unit development Site plan elements ................... Art. 8 C-3 Regional Business District........ 45-34.1(10) Building orientation and placement. 8-2 Filing of application.................. 45-35.1(11) General design.................... 8-1 Off-street parking areas ........... 8-3 Planning commission Action of.......................... 45.35.1(IV) Pedestrian amenities .............. 8-4 Site and street furniture........... 8-5 Referral to ........................ 45-35.1(111) Zoning regulations Public notice......................... 45-35.1(VII) Development review regulations.... 4-1 Statement of intent .................. 45-35.1(I) Land use chart.................... 4-2 Village council Use definitions and supplemental Action of.......................... 45-35.1(V) regulations................... 4-3 Effect of approval of............... 45-35.1(VI) Northlake Boulevard overlay zoning district Public district (NBOZ) ........................... 45-35.3 Restricted uses ...................... 45-35 Oceanfront land R-1 Single-Family Dwelling District Ocean setback ....................... 45-22 Annexed land in ..................... 45-20 Official zoning map Height .............................. 45-27(B) Adopted by reference................. 45-17(1) Mechanical equipment ............... 45-27(G) Boundary conflict interpretations ..... 45-18 Off-street parking.................... 45-27(E) Buildings and uses to conform to district Permitted uses....................... 45-27(A) regulations ..................... 45-19 Site area ............................ 45-27(C) Changes............................. 45-17(3) Yards and open spaces ............... 45-27(D) Supp. No. 67 2963 NORTH PALM BEACH CODE Section Section ZONING(Appendix C)(Cont'd.) R-2 Multiple-Family Dwelling District Community residential home regula- tions ........................... 45-28(G) Floor area ........................... 45-28(E) Height .............................. 45-28(B) Mechanical equipment ............... 45-28(H) Off-street parking.................... 45-28(F) Permitted uses....................... 45-28(A) Site area ............................ 45-28(C) Yards and open spaces ............... 45-28(D) R-3 Apartment Dwelling District Floor area ........................... 45-30(F) Height .............................. 45-30(B) Off-street parking.................... 45-30(E) Permitted uses....................... 45-30(A) Site area ............................ 45-30(C) Yards and open spaces ............... 45-30(D) Reasonable accommodation procedure ... 45-25 Definitions .......................... 45-25(b) Fee.................................. 45-25(d) Procedure ........................... 45-25(c) Purpose and general provisions....... 45-25(a) Setbacks C-3 Regional Business District........ 45-34.1(5) Oceanfront land...................... 45-22 Short title.............................. 45-1 Signs C-3 Regional Business District........ 45-34.1(7) Similar uses............................ 45-16.1 Site area C-1A Limited Commercial District .... 45-32(C) C-A Commercial District ............. 45-31(E) CB Commercial District .............. 45-31.1(E) CC Transitional Commercial District.. 45-32.1(E) R-1 Single-Family Dwelling Districts.. 45-27(C) R-2 Multiple-Family Dwelling District. 45-28(C) R-3 Apartment Dwelling District...... 45-30(C) Special exception uses .................. 45-16.2 Surface water management C-3 Regional Business District........ 45-34.1(8) Telecommunications antenna and antenna towers ............................ 45-21 Violation and penalty................... 45-6 Yards and open spaces C-1 Neighborhood Commercial District 45-33(D) C-1A Limited Commercial District .... 45-32(D) C-A Commercial District ............. 45-31(F) CB Commercial District .............. 45-31.1(F) CC Transitional Commercial District.. 45-32.1(F) R-1 Single-Family Dwelling Districts.. 45-27(D) R-2 Multiple-Family Dwelling District. 45-28(D) R-3 Apartment Dwelling District...... 45-30(D) Supp. No. 67 2964