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Pages Replaced by Supplement #67TABLE OF CONTENTS Page Officials of the Village ....................................... iii Preface..................................................... v Adopting Ordinance ......................................... vii Readopting Ordinance ....................................... x.i Checklist of Up -to -Date Pages ............................... [1] Supplement History Table ................................... SH:1 PART I CHARTER Charter.................................................... 1 Art. I. Corporate Name ............................. 3 Art. I.A. Vision Statement .......................... 3 Art. II. Territorial Boundaries ....................... 5 Art. III. Legislative ................................. 10.5 Art. IV. Administrative ............................. 15 Art. V. Qualifications and Elections .................. 17 Art. VI. Transition Schedule ........................ 18 Charter Comparative Table .................................. 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ...................................... 77 2. Administration .......................................... 133 Art. I. In General .................................. 134.3 Art. II. Council .................................... 138.7 Div. 1. Generally ............................... 138.7 Div. 2. Rules of Procedure ...................... 138.8 Art. III. Administrative Code ....................... 138.8 Div. 1. Generally ............................... 138.8 Div. 2. Audit Committee ........................ 139 Div. 3. Department of Finance .................. 140 Div. 4. Department of Records .................. 141 Div. 5. Police Department ....................... 142 Div. 6. Fire Rescue Department ................. 142.1 Div. 7. Department of Public Works ............. 142.1 Div. 8. Department of Library ................... 142.2 Div. 9. Department of Country Club ............. 143 Div. 10. Department of Recreation ............... 143 Div. 11. Department of Community. Development. 143 Supp. No. 66 xi NORTH PALM BEACH CODE Chapter Page Art. IV. Manager ................................... 144 Art. V. Pensions and Retirement Systems............ 144 Div. 1. Generally ............................... 144 Div. 2. Social Security .......................... 144 Div. 3. Pension and Certain Other Benefits for Art. I. In General .................................. 321 General Employees ...................... 145 Div. 4. Pension and Certain Other Benefits for Construction Requirements ................. 326.1 Fire and Police Employees............... 152.3 Div. 5. Length of Service Award Plan for Volunteer 2. Canals .................................. 326.1 Firefighters ............................. 164 Div. 6. ICMA Defined Contribution Pension Plan. 164.1 Art. VI. Code Enforcement .......................... 164.2 Art. VII. Alternate Method of Code Enforcement ..... 169 3. Alcoholic Beverages ..................................... 211 4. Animals and Fowl ....................................... 263 Art. I. In General .................................. 265 Art. II. Dogs and Cats .............................. 267 Art. III. Rabies Control ............................. 269 5. Boats, Docks and Waterways ............................. 319 Art. I. In General .................................. 321 Art. II. Boat Launching Area ....................... 326 Art. III. Construction Requirements ................. 326.1 Div. 1. Generally ............................... 326.1 Div. 2. Canals .................................. 326.1 Div. 3. Bulkheads and Seawalls ................. 327 Div. 4. Docks and Piers ......................... 328 Div. 5. Erosion Control Structures ............... 333 Art. IV. Marine Sanctuaries ......................... 333 Art. V. Waterways Board ........................... 334 6. Buildings and Building Regulations ...................... 381 Art. I. In General .................................. 383 Art. II. Minimum Construction Standards ........... 383 Art. III. Appearance Code .......................... 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. II. Filling Permit .............................. 455 8. Emergency Management ................................. 507 Art. I. In General .................................. 509 Art. II. Civil Disorders and Disturbances ............ 510 Supp. No. 66 xii TABLE OF CONTENTS—Cont'd. Chapter Page Art. III. Exempt Employee Emergency Duty ......... 511 9. Country Club ........................................... 559 Art. I. In General .................................. 561 Art. II. Golf Advisory Board ........................ 562 Art. III. Finances .................................. 563 10. Elections .............................................. 615 Art. I. In General .................................. 617 Art. II. Reserved ................................... 618 Art. III. Reserved .................................. 618 Art. IV. Polling Locations ........................... 618 11. Electricity ............................................. 671 Art. I. In General .................................. 673 Art. II. Electrical Code ............................. 673. 11.5. Emergency Service ................................... 695 Art. I. In General .................................. 697 Art. II. Emergency Medical Services ................. 697 12. Fire Prevention and Protection .......................... 723 Art. I. In General .................................. 725 Art. II. Florida Fire Prevention Code ................ 725 Art. III. Reserved .................................. 726 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances........... 726 12.5. Flood Damage Prevention ............................. 777 Art. I. Administration .............................. 779 Art. II. Definitions ................................. 789 Art. III. Flood Resistant Development ............... 794 13. Reserved .............................................. 839 14. Health and Sanitation .................................. 889 Art. I. In General .................................. 891 Art. II. Garbage, Trash and Refuse .................. 891 Div. 1. Generally ............................... 891 Div. 2. Garbage Collection and Disposal ......... 891 Div. 3. Reserved ................................ 893 Art. III. Reserved .................................. 894 Art. IV. Abatement of Public Nuisances on Private Property ................................... 894 15. Housing ............................................... 945 Art. I. In General ................................... 947 Art. II. Abandoned Real Property ................... 949 16. Library ................................................ 997 Art. I. In General .................................. 999 Art. II. Library Board ........................... 999 17. Licenses and Miscellaneous Business Regulations ........ 1051 Art. I. In General .................................. 1053 Supp. No. 66 xiii NORTH PALM BEACH CODE Chapter Page Art. II. Local Business Tax ......................... 1057 Art. III. Businesses Located Outside Village Limits.. 1060.4 Art. IV. Simulated Gambling Devices ................ 1063 Art. V. Ambulances ................................. 1065 Art. VI. Garage and Other Sales .................... 1066 Art. VII. Business Advisory Board .................. 1066 Art. VIII. Peddlers and Solicitors .................... 1067 17.5 Reserved ............................................. 1121 18. Motor Vehicles and Traffic .............................. 1171 Art. I. In General .................................. 1173 Art. II. Operation of Vehicles Generally ............. 1173 Art. III. Stopping, Standing and Parking ............ 1174 19. Offenses and Miscellaneous Provisions .................. 1225 Art. I. In General .................................. 1227 Art. II. Sexual Offenders and Sexual Predators ...... 1230 Art. III. Offenses Against Property .................. 1230 Art. IV. Offenses Against Public Morals ............. 1230 Art. V. Offenses Against Public Peace ............... 1231 Art. VI. Noise Control .............................. 1231 Art. VII. Reserved .................................. 1234 Art. VIII. Weapons ................................. 1234 Art. IX. Water Shortage Emergencies ............... 1237 Art. X. Alarms ..................................... 1238 Art. XI. Wellfield Protection ........................ 1242 20. Parks, Playgrounds and Recreation ...................... 1289 Art. I. In General .................................. 1291 Art. II. Meetings and Gatherings .................... 1292 Div. 1. Generally ............................... 1292 Div. 2. Permit .................................. 1292 Art. III. Recreation Advisory Board ................. 1293 21. Planning and Development ............................. 1343 Art. I. In General .................................. 1345 Art. II. Planning Commission ....................... 1347 Art. III. Board of Adjustment ....................... 1348 Art. IV. Concurrency Management .................. 1350 Art. V. Stormwater Management .................... 1363 Art. VI. Archaeological Site Protection Regulations... 1366.1 22. Reserved .............................................. 1411 23. Police .................................................. 1463 Art. I. In General .................................. 1465 Art. II. Reserved ................................... 1465 Art. III. Reserve Force .............................. 1465 24. Streets, Sidewalks and Public Places .................... 1517 Art. I. In General .................................. 1519 Art. II. Work Performed Within Rights -of -Way ....... 1519 Supp. No. 66 xiv TABLE OF CONTENTS—Cont'd. Chapter Page Art. III. Sidewalks and Driveways .................. 1520.3 Div. 1. Generally ............................... 1520.3 Div. 2. Permits ................................. 1523 25. Swimming Pools ....................................... 1573 Art. I. In General .................................. 1575 Art. II. Reserved ................................... 1575 Art. III. Reserved .................................. 1576 26. Taxation ............................................... 1627 Art. I. In General .................................. 1629 Art. II. Insurance Excise Taxes ..................... 1629 Art. III. Utility Tax ................................ 1629 Art. IV. Telecommunications Service Tax ............ 1630 27. Trees and Shrubbery ................................... 1681 Art. I. In General .................................. 1683 Art. II. Trees in Swale Areas ....................... 1683 Art. III. Landscaping ............................... 1684 Div. 1. Generally ............................... 1684 Div. 2. Reserved ................................ 1686 Div. 3. Requirements for Certain Yard Areas, Off - Street Parking and Other Vehicular Use Areas ................................... 1686 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. II. Procedures for Subdivision Plat Approval .... 2358 Art. III. Design Standards .......................... 2365 Art. IV. Required Improvements .................... 2368.1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Amendments ............................... 2378 Art. VII. Legal Status .............................. 2379 C. Zoning ................................................. 2479 Art. I. In General .................................. 2481 Art. II. Generally .................................. 2486 Art. III. District Regulations ........................ 2488.7 Arts. IV, V. Reserved ............................... 2529 Art. VI. Amendments—Fees; Waiting Periods ........ 2529 Art. VII. Nonconforming Uses of Land and Structures 2530 D. Franchises ............................................. 2619 Statutory Reference Table ................................... 2819 Supp. No. 66 xv NORTH PALM BEACH CODE Page Code Comparative Table -1970 Code ......................... 2869 Code Comparative Table—Laws of Florida .................... 2873 Code Comparative Table—Ordinances ........................ 2875 Charter Index .............................................. 2933 Code Index ................................................. 2935 Supp. No. 66 xvi Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title Page 64 12.1 61 iii 1 13,14 25 V, vi OC 15,16 33 vii, viii OC 16.1 33 ix OC 17,18 25 x.i, x.ii 1 19 25 x.iii 1 65 61 xi, xii 66 77 OC xiii, xiv 66 79,80 OC xv, xvi 66 81,82 58 SH: 1, SH:2 63 83 58 SH:3 66 133, 134 62 1 25 134.1, 134.2 62 3,4 25 134.3, 134.4 62 5,6 25 135, 136 60 7,8 25 137, 138 60 9,10 29 138.1, 138.2 60 10.1, 10.2 53 138.3, 138.4 60 10.3, 10.4 53 138.5, 138.6 60 10.5, 10.6 53 138.7, 138.8 60 11,12 61 138.9, 138.10 60 [1] Supp. No. 66 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 139,140 34 326.1, 326.2 63 141,142 62 327,328 27 142.1, 142.2 62 329,330 58 143,144 52 331,332 58 144.1 52 332.1 58 145,146 47 333,334 45 147,148 47 335 45 149,150 47 381,382 66 151,152 65 383,384 53 152.1, 152.2 65 385,386 66 152.2.1 65 386.1 66 152.3, 152.4 47 387,388 60 152.5, 152.6 60 389,390 60 153, 154 61 391,392 60 154.1 61 392.1, 392.2 60 155, 156 46 392.3, 392.4 60 157,158 52 392.5 60 159,160 61 393,394 56 160.1, 160.2 61 395,396 56 161,162 46 397,398 56 162.1, 162.2 46 398.1 56 163,164 52 398.15, 398.16 40 164.1, 164.2 65 399,400 53 164.3 65 401 53 165,166 48 453 OC 167,168 48 455,456 22 169,170 48 507 57 211 OC 509,510 57 213,214 19 511,512 57 263 59 559 36 265,266 59 561,562 52 266.1 59 563 40 267,268 52 615 36 269 52 617,618 36 319,320 63 671 2 321,322 63 673 24 323,324 63 695 13 325,326 63 697 52 [2] Supp. No. 66 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 723 52 1061, 1062 8 725,726 52 1063, 1064 54 727 52 1065, 1066 54 777 66 1067, 1068 61 779,780 66 1069, 1070 61 781,782 66 1121 OC 783,784 66 1171 65 785,786 66 1173, 1174 65 787,788 66 1175, 1176 65 789,790 66 1177, 1178 65 791,792 66 1179, 1180 65 793,794 66 1225 61 795,796 66 1227, 1228 61 797,798 66 1229, 1230 63 799 66 1231, 1232 63 839 OC 1233, 1234 63 889 39 1235 63 891,892 61 1237, 1238 52 893,894 52 1239, 1240 52 895 50 1241, 1242 52 945 41 1289 52 947,948 49 1291, 1292 52 948.1 49 1293, 1294 29 949,950 41 1295 29 951 41 1343, 1344 62 997 OC 1345, 1346 62 999, 1000 22 1347, 1348 62 1051, 1052 61 1348.1 62 1052.1 61 1349, 1350 45 1053, 1054 31 1350.1, 1350.2 45 1054.1, 1054.2 31 1351, 1352 33 1054.3, 1054.4 31 1353, 1354 33 1055, 1056 36 1355, 1356 33 1057, 1058 33 1356.1 33 1059, 1060 33 1357, 1358 OC 1060.1, 1060.2 43 1359, 1360 33 1060.3, 1060.4 43 1361, 1362 33 1060.5 43 1363, 1364 52 [3] Supp. No. 66 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1364.1 52 1799 65 1365, 1366 33 2043 OC 1366.1, 1366.2 52 2045, 2046 62 1366.3, 1366.4 33 2046.1 62 1367 5 2047, 2048 OC 1411 OC 2049, 2050 OC 1463 OC 2051, 2052 OC 1465, 1466 52 2053 OC 1517 64 2353 OC 1519, 1520 64 2355, 2356 OC 1520.1, 1520.2 64 2357, 2358 33 1520.3, 1520.4 64 2359, 2360 33 1521, 1522 47 2361, 2362 33 1523 47 2363, 2364 33 1573 24 2364.1 33 1575, 1576 29 2365, 2366 OC 1627 9 2367, 2368 37 1629, 1630 27 2368.1 37 1631 27 2369, 2370 OC 1681, 1682 66 2371, 2372 OC 1683, 1684 33 2373, 2374 33 1684.1, 1684.2 24 2375, 2376 33 1685, 1686 OC 2377, 2378 33 1687, 1688 17 2379 33 1689, 1690 66 2479, 2480 62 1691, 1692 66 2481, 2482 62 1693, 1694 66 2483, 2484 62 1739 14 2485, 2486 62 1741, 1742 21 2487, 2488 62 1781 65 2488.1, 2488.2 62 1783, 1784 65 2488.3, 2488.4 62 1785, 1786 65 2488.5, 2488.6 62 1787, 1788 65 2488.7, 2488.8 62 1789, 1790 65 2489, 2490 59 1791, 1792 65 2491, 2492 59 1793, 1794 65 2493, 2494 59 1795, 1796 65 2495, 2496 59 1797, 1798 65 2497, 2498 59 [4] Supp. No. 66 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2499, 2500 59 2510.49, 2510.50 25, Add. 2501, 2502 59 2510.51, 2510.52 25, Add. 2503, 2504 62 2510.53, 2510.54 25, Add. 2504.1, 2504.2 62 2510.55, 2510.56 25, Add. 2504.2.1 62 2511, 2512 57 2504.3, 2504.4 59 2512.1, 2512.2 57 2504.5, 2504.6 59 2512.2.1, 2512.2.2 63 2504.7, 2504.8 59 2512.3, 2512.4 49 2505, 2506 10 2512.5, 2512.6 50 2507, 2508 13 2512.7, 2512.8 51 2509, 2510 62 2512.9, 2512.10 63 2510.1, 2510.2 62 2512.10.1 63 2510.2.1 62 2512.11, 2512.12 51 2510.3, 2510.4 54 2512.13 51 2510.5, 2510.6 54 2513, 2514 OC 2510.7, 2510.8 54 2515, 2516 62 2510.9, 2510.10 54 2517, 2518 62 2510.11, 2510.12 54 2519, 2520 62 2510.12.1, 2510.12.2 54 2521, 2522 62 2510.12.3 54 2523, 2524 62 2510.13, 2510.14 25, Add. 2525, 2526 62 2510.15, 2510.16 25, Add. 2527, 2528 62 2510.17, 2510.18 25, Add. 2529, 2530 62 2510.19, 2510.20 25, Add. 2531, 2532 62 2510.21, 2510.22 25, Add. 2533 62 2510.23, 2510.24 51 2619 48 2510.25, 2510.26 25, Add. 2819, 2820 63 2510.27, 2510.28 25, Add. 2869, 2870 OC 2510.29, 2510.30 25, Add. 2871 OC 2510.31, 2510.32 25, Add. 2873 OC 2510.33, 2510.34 25, Add. 2875, 2876 OC 2510.35, 2510.36 51 2877, 2878 OC 2510.37, 2510.38 25, Add. 2879, 2880 OC 2510.39, 2510.40 25, Add. 2881, 2882 14 2510.41, 2510.42 25, Add. 2883, 2884 14 2510.43, 2510.44 25, Add. 2885, 2886 19 2510.45, 2510.46 25, Add. 2887, 2888 25, Add. 2510.47, 2510.48 25, Add. 2889, 2890 33 [5] Supp. No. 66 NORTH PALM BEACH CODE Page No. Supp. No. 2891, 2892 51 2893, 2894 60 2895 66 2933, 2934 25 2935, 2936 65 2937, 2938 66 2938.1 66 2939, 2940 65 2941, 2942 65 2943, 2944 66 2945, 2946 66 2946.1, 2946.2 66 2947, 2948 65 2948.1 65 2949, 2950 55 2951, 2952 64 2953, 2954 65 2954.1 65 2955, 2956 55 2957, 2958 62 2959, 2960 62 [6] Supp. No. 66 SUPPLEMENT HISTORY TABLE Ord. No. Date Adopted Included/ Omitted Supp. No. 2015-15 9-24-15 Omitted 63 2015-16 9-24-15 Omitted 63 2015-17 1-14-16 Omitted 63 2015-18 9-24-15 Omitted 63 2015-19 11-12-15 Included 63 2015-20 11-12-15 Included 63 2015-21 12-10-15 Omitted 63 2015-22 12-10-15 Included 63 2016-02 1-14-16 Omitted 63 2016-03 1-14-16 Omitted 63 2016-01 4-28-16 Omitted 64 2016-04 1-28-16 Omitted 64 2016-05 3-24-16 Omitted 64 2016-06 5-12-16 Included 64 2016-25(Res.) 5-12-16 Omitted 64 2016-07 9- 8-16 Included 65 2016-08 9-22-16 Omitted 65 2016-09 9-22-16 Omitted 65 2016-10 11-10-16 Omitted 65 2016-11 12- 8-16 Omitted 65 2017-01 1-12-17 Omitted 65 2017-02 1-12-17 Included 65 2017-03 1-26-17 Included 65 2017-04 2- 9-17 Omitted 65 2017-05 2- 9-17 Omitted 65 2017-08 5-25-17 Omitted 66 2017-10 7-27-17 Omitted 66 2017-11 8-24-17 Included 66 2017-12 9-28-17 Omitted 66 2017-13 9-28-17 Included 66 2017-14 9-28-17 Omitted 66 2017-15 9-28-17 Omitted 66 Supp. No. 66 SH;3 ELECTIONS ARTICLE I. IN GENERAL Sec. 10-1. Applicable state laws adopted. For the purpose of providing for any contin- gency not covered by this chapter, the provisions of the general laws of the state relating to electors and elections so far as the same may be applicable and not inconsistent with this chapter are adopted as a part hereof. (Code 1970, § 12-1) Sec. 10-2. Special elections; when held. Special elections shall be held for such pur- poses as may be required and as provided for by law. (Code 1970, § 12-11) Sec. 10-3. Notice of general elections. The village clerk shall cause to be published at least fifteen (15) days next preceding any general election, once, in a newspaper of general circula- tion in the village, a notice stating the date of such election, the offices to be filled, and the time and place where such election shall be held; and if there be one (1) or more propositions to be voted upon, state in substance the character of the propositions to be voted upon. In addition, such notice shall be given by posting a copy thereof in at least three (3) public and conspicuous places in the village, one (1) of which shall be the bulletin board in the village hall. (Code 1970, § 12-13) Sec. 10-4. Notice of special election. Whenever any special election for any purpose is required to be held, the village council shall, by resolution, declare on what day the same shall be held, whereupon notice thereof shall be published in one (1) or more newspapers of general circula- tion in the village and not less than thirty (30) days or more than sixty (60) days prior to such election. Notice shall also be given by posting within such time copies thereof in three (3). public and conspicuous places in the village, one (1) of which shall be the bulletin board of the village hall. Such notice shall state the date upon which Supp. No. 36 617 § 10-5 the election is to be held, the vacancies to be filled or the purpose for which such election is to be held, as the case may be. (Code 1970, § 12-14) Sec. 10-5. Candidates for office; qualifying. (a) Any qualified elector within the village may become a candidate for any office to be filled at any general election by paying to the village clerk a qualifying fee in the sum of ten dollars ($10.00) and by filing with the village clerk during the time period from noon on the last Tuesday in January to noon on the second Tuesday in Febru- ary prior to the general election a written notice that he or she intends to be a candidate at such general election. Any qualified elector may be- come a candidate for any office to be filled at any special election by paying to the village clerk a qualifying fee in the sum of ten dollars ($10.00) and by filing with the village clerk, during the ten (10) days ending three (3) weeks before the spe- cial election, a written notice that he or she intends to be a candidate at such election. Such written notice shall state the number of the group in which the candidate seeks to be elected, his place of residence, his age and a description of his residence in the village. Such notice shall also request that the name of the candidate be placed upon the ballot to be prepared for such election, and, in addition, shall be signed by such candi- date. The village clerk shall supply the names of all candidates and offices to be filled to the Palm Beach County Supervisor of Elections by delivery to that office prior to 5:00 p.m. on the Friday after the close of qualifying. (b) If at any time within seventy-two (72) hours prior to the deadline for the qualifying of candi- dates as set forth in subsection (a) above, all persons who have qualified for any one (1) office in an election have had their names withdrawn from candidacy for any reason, then the deadline for qualification of candidates for that particular office shall be automatically extended by one (1) week. The village clerk shall cause to be pub- lished at the earliest possible date, in a newspa- per of general circulation in the village, a notice of such extension of time for qualifying for such office. In addition, such notice shall be given by posting a copy thereof in at least three (3) public § 10-5 NORTH PALM BEACH CODE i and conspicuous places in the village, one (1) of which shall be the bulletin board in the village hall. (Code 1970, § 12-29; Ord. No. 13-78, § 1, 5-25-78; Ord. No. 18-83, § 1, 12-8-83; Ord. No. 2008-03, § 2, 1-24-08) Sec. 10-6. Conduct of elections. (1) Village elections shall be conducted in a proper and legal manner under the supervision of the village clerk and in conjunction with the Palm Beach County Supervisor of Elections. (2) All elections within the village shall be nonpartisan and no ballot shall contain any ref- erence to or insignia of any political party. (Code 1970, § 12-34; Ord. No. 2008-03, § 2, 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 may be used; state law applicable, and derived from Code 1970, § 12-31. Secs. 10-5-10-37. Reserved. Editor's note -Ord. No. 2008-03, § 2, adopted Jan. 24, 2008, deleted former § 10-8 which pertained to direction for preparation of ballots, and derived from Code 1970, § 12-32. Said ordinance also deleted former § 10-10 which pertained to ballots -public measure, and derived from Code 1970, § 12-35. Prior to the adoption of Ord. No. 2008-03, Ord. No. 27-2004, §§ 1, 2, adopted Oct. 14, 2004, repealed §§ 10-11, 10-12, which pertained to village council to constitute canvassing board; and protest of election returns and inspection by canvassing board, and derived from Code 1970, §§ 12-57, 12-58. ARTICLE II. RESERVED* Secs. 10-38-10-57. Reserved. "Editor's note -Ord. No. 3-79, § 1, adopted Feb. 22, 1979, repealed §§ 10-38-10-46, which sections constituted Art. II, pertaining to absentee voting. Such sections derived from ARTICLE III. RESERVEDt Secs. 10-58-10-75. Reserved. ARTICLE IV. POLLING LOCATIONS$ Sec. 10-76. Designated. The polling locations of the village shall be as hereinafter designated, from time to time, by the village clerk and the Palm Beach County Super- visor of Elections. (Ord. No. 2008-03, § 3, 1-24-08) Sec. 10-77. Reserved. Code 1970, §§ 12-46-12-54. Section 2 of Ord. No. 3-79 provided "that the provisions of the general laws of the State of Florida relating to absentee voting are hereby adopted as a part of the Election Code of the Village of North Palm Beach." (Editor's note -Ord. No. 2008-03, § 4, adopted Jan. 24, 2008, repealed the former Art. III, §§ 10-58-10-64, which pertained to inspectors and clerks and derived from Code 1970, §§ 12-22-12-28; Ord. No. 9-93, § 1, adopted March 11, 1993. *Editor's note -Ord. No. 2008-03, § 3, adopted Jan. 24, 2008, repealed the former Art. IV, §§ 10-76, 10-77, and enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter and derived from Code 1970, §§ 12-15 and 12-18. Supp. No. 36 618 [The next page is 6711 FIRE PREVENTION AND PROTECTION § 12-28 ARTICLE I. IN GENERAL shall be collected in accordance with the fee schedule established by resolution of the village council. Secs. 12-1-12-15. Reserved. ARTICLE II. FLORIDA FIRE PREVENTION CODE Sec. 12-16. Adopted by reference. Under the authority of Florida Statutes, Sec- tion 633.0215 and 633.025, the "Florida Fire Pre- vention Code" adopted by the State Fire Marshal in Rule Chapter 4A-60 of the Florida Administra- tive Code, including NFPA 1 Fire Prevention Code (2007 edition) and NFPA 101 Life Safety Code (2007 edition), both as modified by Rule Chapter 4A-60 of the Florida Administrative Code, is herein adopted by reference as the minimum fire code for the village. There has been for at least ten (10) days last past and shall be during the time that this code is in effect, two (2) copies available for public use, inspection, and examination. (Ord. No. 12-2002, § 1, 5-9-02; Ord. No. 2009-15, § 2, 9-24-2009) Editor's note -Ord. No. 05-2002, § 6, adopted Feb. 28, 2002 and Ord. No. 12-2002, § 2, repealed § 12-16, in its entirety. Ord. No. 12-2002, § 1, adopted May 9, 2002, enacted provisions to read as herein set out. Prior to amendment § 12-16 pertained to [fire prevention code] adopted by refer- ence and derived from Code 1970, § 6-11; Ord. No. 16-75, § 1, adopted Oct. 9, 1975; Ord. No. 13-77, § 1, adopted July 14, 1977; Ord. No. 22-80, § 1 adopted Oct. 9, 1980; Ord. No. 7-83, § 1, adopted Aug. 25, 1983; Ord. No. 3-87, § 1, adopted Jan. 22, 1987; Ord. No. 6-90, § 1, adopted Mar. 22, 1990; Ord. No. 13-92, § 1, adopted Sept, 10, 1992; and Ord. No. 11-97, § 1, adopted Feb. 27, 1997. Cross references -Building, gas, mechanical and plumb- ing codes adopted, § 6-17; housing code adopted, § 15-1. Sec. 12-17. Annual fire inspection and estab- lishment of fee schedule. (a) Effective October 1, 2006, all commercial and multi -family buildings and structures shall be subject to an annual fire safety inspection. For the purposes of this section, a multi -family build- ing or structure is defined as any building or structure with three (3) or more units where access to the units is accomplished through use of common hallways or walkways. The annual fire inspection fee and all reinspection and late fees Supp. No. 52 725 (b) The effective date for collection of fire in- spection fees is October 1, 2006, and on an annual basis thereafter and is to be made a part of the business tax and paid therewith. For multi -family buildings or structures governed by a condomin- ium or other community association for which no business tax is due and payable, the annual fire inspection fee shall be paid by October 1 of each year. Failure to remit the annual inspection fee and any late fees shall subject the association to code enforcement proceedings in accordance with chapter 2 of this Code. (Ord. No. 2006-13, §§ 1, 2, 8-10-06; Ord. No. 2006-28, § 4, 12-14-06; Ord. No. 2009-15, § 2, 9-24-2009) Sec. 12-18. Review of construction plans and fire suppression, detection and alarm systems and establishment of fee schedule. (a) All construction, reconstruction or renova- tion plans and all fire suppression, smoke detec- tion and fire alarm systems requiring review by the fire rescue department shall be submitted to the department for review to ensure compliance with all applicable requirements of this article. As required by the provisions of this article, the fire rescue department shall inspect all new struc- tures to ensure that all requirements have been met prior to the issuance of a certificate of occu- pancy. (b) The inspection and reinspection fees for reviews required by this section shall be collected in accordance with the fee schedule established by resolution of the village council and shall be paid prior to the issuance of a certificate of occupancy. (Ord. No. 2009-15, § 2, 9-24-2009; Ord. No. 2011- 21) § 11, 11-10-11) Secs. 12-19-12-28. Reserved. § 12-29 NORTH PALM BEACH CODE ARTICLE III. RESERVED* Secs. 12-29-12-100. Reserved. ARTICLE IV. RECOVERY OF COSTS FOR CLEANUP, ABATEMENT AND REMOVAL OF HAZARDOUS SUBSTANCES' Sec. 12-101. Definitions. For the purpose of this article, the following words and phrases shall have the meaning given herein: Costs means those necessary and reasonable costs incurred by the village in connection with investigating, mitigating, minimizing, removing or abating discharges of hazardous substances, including, but not limited to, the following: Actual labor costs of village personnel and its authorized agents, including, but not limited to, the county and its respective departments, costs of equip- ment operation and rental, cost of expendable items including, but not limited to, fire fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, acid suits, acid gloves, goggles and protective clothing. Discharge means any intentional or uninten- tional action or omission resulting in the releas- ing, spilling, pumping, pouring, emitting, empty- ing or dumping of a hazardous substance upon public or private property located within the corporate limits of the village. Hazardous substances means any substances or materials in a quantity or form, which in the determination of the public safety department or its agents, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the village, and shall include, *Editor's note -Ord. No. 2011-21, § 12, adopted Nov. 10, 2011, repealed Art. III, Div. 1, §§ 12-29-12-32, Div. 2, §§ 12- 39-12-43, Div. 3, §§ 12-51-12-56, which pertained to 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. 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 discre- tion of the editor. Cross reference -Health and sanitation, Ch. 14. Supp. No. 52 726 but not be limited to, those substances listed in the "N.F.P.A. Guide on Hazardous Materials" or the EPA's list of extremely hazardous substances, or the "Florida Substance List" promulgated by the Department of Labor and Employment Secu- rity. Person means one (1) or more individuals, partnerships, corporations, joint ventures, associ- ations or any other entities, or any combination thereof. (Ord. No. 21-91, § 1(1), 5-23-91) Sec. 12-102. Authority of public safety fire rescue department. The fire rescue department is hereby autho- rized to take such steps as necessary to clean up, remove or abate the effects of any hazardous substances discharged upon or into public or private property, or facilities within the corporate limits of the village. (Ord. No. 21-91, § 1(2), 5-23-91; Ord. No. 2011-21, § 13, 11-10-11) Sec. 12-103. Reimbursement of costs to vil- lage. Any person or persons responsible for causing or allowing an unauthorized discharge of hazard- ous substances, which requires action by the fire rescue department of the village or its authorized agents in order to protect the public health, safety or welfare, shall reimburse the village for the full amount of all costs, as defined herein, associated with the investigating, mitigating, minimizing, removing and abating any such discharge. Reim- bursement shall be made within thirty (30) days after receipt of an itemized bill for such costs from the village of North Palm Beach. (Ord. No. 21-91, § 1(3), 5-23-91; Ord. No. 2011-21, § 13, 11-10-11) Sec. 12-104. Records. When responding to the emergency caused by the unauthorized discharge of hazardous sub- stances, the fire rescue department of the 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) FIRE PREVENTION AND PROTECTION § 12-107 Sec. 12-105. Exceptions for fire suppression services. The authority to recover costs under this sec- tion shall not include costs incurred for actual fire suppression services which are normally or usu- ally provided by the village's fire rescue depart- ment 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 reim- burse 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) Supp. No. 52 727 [The next page is 7771 Chapter 15 HOUSING* Art. I. In General, §§ 15.1-15.10 Art. II. Abandoned Real Property, §§ 15-11-15-18 *Cross references—Enforcement of Ch. 15 by code enforcement board, § 2-171 et sec{.; business regulations for lodging accommodations, § 17-34 et seq.; use of rights -of way for utilities, Ch. 28. Supp. No. 41 945 HOUSING ARTICLE I. IN GENERAL Sec. 15-1. Housing code—Adopted by refer- ence. The Village Council of the Village of North Palm Beach, Florida, does hereby adopt by refer- ence the Standard Housing Code, 1997 Edition, of the Southern Building Code Congress Interna- tional, Inc., as the housing code for the village. There have been for at least ten (10) days last past and shall be during the time that this code is in effect, three (3) copies of such code and recom- mended amendments kept available for public use, inspection and examination. (Code 1970, § 19.3-11; Ord. No. 8-75, § 1, 7-10-75; Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, 10-9-80; Ord, No. 8-83, § 1, 8-25-83; Ord. No. 21-86, § 1, 11-13-86; Ord. No. 5-90, § 1, 3-8-90; Ord. No. 3-92, § 1, 2-27-92; Ord. No. 27-2001, § 2, 9-13-01) Cross references—Restrictions on living aboard house- boats, § 5-15; building, gas, mechanical and plumbing codes adopted, § 6-16; electrical code adopted § 11-1.1; fire prevention code adopted § .12-16. Sec. 15-2. Same—Amendments. The following amendments and additions are hereby made to the housing code adopted by section 15-1 of this code: 102..1 Enforcement Officer. There is hereby established by the applica- ble governing body provisions for the enforce- ment of this code by the housing official The director of community development shall serve as the housing official. 106.1 Appointment. There is hereby established a board to be called the housing board of adjustments and appeals. The board shall be appointed by the village council. The construction board of ad- justments and appeals established by Chapter 6 of the village Code shall act as the housing board of adjustments and appeals. Section 107. Appeal. Any person receiving written notice from the housing official of deficiencies in his property under this Code may within thirty (30) days Supp. No. 49 947 § 15-2 following the date of such notice enter an appeal in writing to the housing board of ad- justments and appeals. Such appeal shall state the location of the property, the date of the notice of violations, and the number of such notice. The appellant must state the variance or modification requested, the reasons therefor, and the hardship or conditions upon which the appeal is made. Appeals shall be on forms provided by the department of community de- velopment, and shall be accompanied by a filing fee of one hundred fifty dollars ($150.00). Section 202. Definitions The definitions for "dwelling" and "family" contained within section 202, Definitions, are hereby amended to read as follows: Dwelling is any building or structure de- signed exclusively for residential occupancy. A dwelling may be designed for one -family, two- family or multiple -family occupancy, but not including hotels, clubs, motels, boarding or lodging houses or house trailers whether such trailers be mobile or located in stationary fash- ion as when. on blocks or other foundation. Family shall mean one or more persons living in the same single or multiple family dwelling unit, all of whom are related by blood, marriage or adoption, or a group of persons all of whom are not so related which does not exceed two (2) unrelated persons in number. This term shall not include the occupants of a rooming or boarding house, group home/congre- gate living facility or other similar use with shared cooking or sanitary facilities. 305.15. Accessory Structures. Garages, storage buildings, docks, piers, boat hoists, dolphin poles, bulkheads, swimming pools and the waters therein, screen enclo- sures, fences, walls, driveways, sidewalks, an- tennas and all other accessory structures shall be maintained and kept in good repair and sound structural condition. All sections of this code are applicable as determined by the build- ing official subject to standard appeal as out- lined in section 107. § 15-2 307.4. Care of Premises. NORTH PALM BEACH CODE It shall be unlawful for the owner or occu- pant of a residential building, structure or property to utilize the premises of such resi- dential property for the open storage of any abandoned motor vehicle, abandoned boat, aban- doned trailer, ice box, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every owner or occupant to keep the premises of such residential property clean and to re- move from the premises all such abandoned items listed above. Landscaping. The entire yard where exposed to public view must be landscaped. Play areas, flowerbeds, drive- ways, walks, etc., not intended to have vegetative cover should be clearly defined and maintained free of uncultivated growth. Landscaping shall be maintained so as to present a healthy, neat and orderly appearance at least equal to the original installation and shall be mowed or trimmed in a manner and at a fre- quency so as not to detract from the appearance of the general area. Any grass and brush growing in excess of twelve (12) inches in height, dead trees, trash and garbage shall be removed from the premises. Landscaping shall be maintained to minimize property damage and public hazards, including the removal of low hanging branches over sidewalks and paved areas and those ob- structing street lighting and traffic control signs. All undeveloped properties must have grass or other suitable live landscape materials planted over the entire site. While undeveloped properties may be irrigated utilizing an irrigation system, electrical service to such properties shall be pro- hibited. Formerly developed vacant lots with a planting plan approved pursuant to section 45-36 of the village code shall adhere to the require- ments of that plan. All undeveloped properties and vacant lots shall undergo regular mainte- nance, including, but not limited to, pruning, edging, mulching, or any other necessary actions consistent with generally accepted horticultural practices. Supp. No. 49 948 Landscaping shall be kept free of visible signs of insects and disease and appropriately irrigated and fertilized to enable landscaping to be in a healthy condition. All roadways, curbs and sidewalks shall be edged. to prevent encroachment from the adjacent turf areas. Buildings, Structures The exterior of all premises and every structure thereon where exposed to public view, shall be maintained in a condition that shall not show evidence of deterioration. All screened enclosures shall be properly fitted and maintained. All sur- faces shall be maintained free of weathering, discoloration, ripping, tearing or other holes or breaks, broken glass, crumbling stone, brick or stucco or other conditions reflective of deteriora- tion or inadequate maintenance. All building exterior wall surfaces shall be kept free of faded or chipped paint and shall be main- tained in repair and condition to prevent deterio- ration, and must be repainted, recovered or cleaned when twenty-five (2.5) percent or more of any exposed surface becomes discolored or is peeling. All off-street parking spaces and driveways shall be asphalt, concrete, block, stone, brick or similar smooth durable surface or durable surface as approved by the community development direc- tor. All off-street parking and. driveways shall be kept in good repair and sound structural condition. Asphalt, concrete, and brick paver surfaces shall not show signs of excessive surface deterioration, such as potholes and substantial cracks. All drive- ways shall be free of errant vegetation. Stone surface driveways shall be maintained in a neat appearance and bordered. Stone material shall be so maintained as to not spread onto public streets and sidewalks. 308.1 Compliance Exceptions. No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this code except the provisions of 301 and 302. L HOUSING 101.3.4. All residential properties, buildings and structures annexed into the Village shall comply, upon annexation, with the requirements of chapter 15, housing, sections 15-1 and 15-2, with the following exception: The provisions of subsection 307.4 shall ap- ply 2 (two) years (twenty-four (24) months) after date of annexation. (Code of 1970, § 19.3-12; Ord. No. 8-75, § 1, 7-10-75; Ord.. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, 10-9-80; Ord. No. 21-86, § 1, 11-13-86; Ord. No. 5-90, § 2, 3-8-90; Ord. No. 3-92, § 2, 2-27-92; Ord. No. 27-2001, § 3, 9-13-01; Ord. No. 23-2003, §§ 1, 2, 9-11-03; Ord.. No. 2006-24, § 2.F, 11-9-06; Ord. No. 2010-21, § 3, 11-18-10) Supp. No. 49 948.1 § 15-2 t L HOUSING ARTICLE II. ABANDONED REAL PROPERTY Sec. 15-11. Purpose and intent. It is the purpose and intent of the village to establish a process to address the amount of abandoned residential. real property located within. the village. It is the village's further intent to specifically establish an abandoned residential property program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties. (Ord. No. 2009-05, § 2, 5-14-09) Sec. 15-12. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned real property means any property that is vacant and is subject to an uncured notice of default and/or notice of mortgagee's sale by the lender or a pending tax deed sale and/or proper- ties that have been the subject of a foreclosure sale where the title was retained by the benefi- ciary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale. Accessible building means a residential build- ing that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons. Enforcement officer means any full-time law enforcement officer, building official, code enforce- ment officer, fire inspector or building inspector employed within the village. Evidence of vacancy means any condition that on its own, or combined with other conditions, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to, overgrown and/or dead vegetation, accumulation of abandoned personal items and property, statements by neighbors, passers-by, delivery agents or government agents, among other evidence that the property is vacant. Supp. No. 41 949 § 1.5-1.4 Foreclosure means the process by which a prop- erty, placed as security for a real estate loan, is sold at public sale to satisfy the debt if the borrower defaults. Property management company means a local property manager, property maintenance com- pany or similar entity responsible for the mainte- nance of abandoned real property. Residential building means any real property, or portion thereof, situated in the village, im- proved by a single-family dwelling or multi -family dwelling of not more than four (4) dwelling units, and shall include the buildings and structures located on such improved real property. Vacant means any building/structure that is not legally occupied. (Ord. No. 2009-05, § 2, 5-1409) Sec. 15-13. Applicability. This article shall be considered cumulative and not superseding or subject to any other law or provision, but shall rather be an additional rem- edy available to the Village above and beyond any other state, county and/or code provisions relating to same. (Ord. No. 2009-05, § 2, 5-14-09) Sec. 15-14. Registration of abandoned real property (a) Any mortgagee who holds a mortgage on real property located within the village that is improved with a residential building shall per- form an inspection. of the property that is the security for the mortgage upon the issuance of a notice of default and the expiration of any cure period set forth in the mortgage documents. If such property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within ten (10) days of the inspection, register the property with the community development director, or his or her designee, on forms provided by the village. A registration is required for each vacant property or dwelling unit within a multi -family dwelling. (b) If such property is occupied but remains in default, it shall be inspected by the mortgagee or his designee monthly until (1) the mortgagor. or § 15-1.4 NORTH PALM BEACH CODE: � I other party remedies the default, or (2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, within ten (10) days of that inspection, register the property with the commu- nity development director, or his or her designee, on forms provided by the village. (c) Registration pursuant to this article shall contain the name of the mortgagee, the direct mailing address of the mortgagee, a direct contact name and telephone number of mortgagee, fac- simile number and e-mail address and, in the case of a corporation or out -of -area mortgagee, the local property management company responsible for the security and maintenance of the property. (d) An annual registration fee in an amount established by the village council shall accom- pany the registration form(s). (e) This article shall also apply to properties unproved with a residential building that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mort- gage involved in the foreclosure and any proper- ties transferred under a deed in lieu of foreclosure/ sale. (f) Properties subject to this article shall re- main under the annual registration requirement, security and maintenance standards of this arti- cle as long as they remain vacant and for proper- ties not yet subject to a foreclosure sale or a transfer under a deed in lieu of foreclosure, the property owner remains in default. (g) Any person or corporation that has regis- tered a property under this article must report any change of information contained in the regis- tration within ten (10) days of the change. (Ord. No. 2009-05, § 2, 5-14-09) Sec. 15-15. Maintenance requirements. (a) Improved properties subject to this article shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building ma- terials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or local law, discarded personal items in- cluded, but not limited to, furniture, clothing, Supp. No. 41. 950 large and small appliances, printed material or any other items that give the appearance that the property is abandoned. (b) Residential buildings shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure. (c) Front, side, and rear yard landscaping shall be maintained in accordance with the village's standard at the time registration was required. Landscape shall include, but not be limited. to, grass, ground covers, bushes, shrubs, hedges or similar plantings, or decorative rock or bark. (d) Maintenance shall include, but not be lim- ited to, watering, irrigation, cutting, and mowing of required landscape and removal of all trim- mings. (e) Pools and spas shall be maintained so the water remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements of this Code and Florida Building Code, as amended from time to time. (f) Failure of the mortgagee and/or property owner of record to properly maintain the property and residential building may result in a violation of this Code and issuance of a notice of violation/ notice of hearing by a village code enforcement officer. Pursuant to a finding and determination by the village's code enforcement board, the vil- lage may take the necessary action to ensure compliance with this article. (Ord. No. 2009-05, § 2, 5-14-09) Sec. 15-16. Security requirements. (a) Residential buildings subject to this article shall be maintained in a secure manner so as not to be accessible to unauthorized persons. (b) A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property and/or structure. Broken windows shall be secured by re -glazing or boarding of the win- dow. HOUSING (c) If the property is owned by a corporation and/or out of area mortgagee, a local property management company shall be contracted to per- form bi-weekly inspections to verify compliance with the requirements of this article, and any other applicable laws. (d) The property shall. be posted with the name and twenty-four (24) hour contact phone number of the local property management company. The posting shall be no less than an eight -inch by ten-i.nch sign. The posting shall contain the fol- lowing language: THIS PROPERTY IS MANAGED BY TO REPORT PROBLEMS OR CONCERNS CALL: 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 of the building/structure facing the street to the front of the property so it is visible or., if no such area exists, on a stake of sufficient size to support the posting in a location as close as possible to the main door entrance of the property. Exterior post- ings shall be constructed of, and printed with, weather -resistant materials. (e) The local property management company shall inspect the property on a bi-weekly basis to ensure that the property is in compliance with this chapter. Upon the request of village, the local property management company shall provide a copy of the inspection reports to the code enforce- ment division. (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 issu- ance of a notice of violation/notice of hearing by a village code enforcement officer. Pursuant to a finding and determination by the village's code enforcement board, the village may take the nec- essary action to ensure compliance with this article. (Ord. No. 2009-05, § 2, 5-14-09) Sec. 15-17. Immunity of enforcement officer. Any enforcement officer or any person autho- rized by an enforcement officer shall be immune § 15-1.8 from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this chapter. (Ord. No. 200.9-05, § 2, 5-14-09) Sec. 15-18. Additional authority. The village manager, or his or her designee, shall have authority to require the mortgagee and/or owner of record of any property affected by this article, to implement additional maintenance and/or security measures as may be reasonably required to help prevent further decline of the property. (Ord. No. 2009-05, § 2, 5-1409) Supp. No. 41 951 [The next page is 9971 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 II. 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...... 2488.7 Sec. 45-22. Oceanfront land -Ocean setback ...................... 2488.7 Sec. 45-23. Emergency generators required for automotive service stations ............................................. 2488.7 Secs. 45-24-45-26. Reserved .................................... 2488.7 Article III. District Regulations ........................................... 2488.7 Sec. 45-27. R-1 single-family dwelling district ..................... 2488.7 Sec. 45-28. R-2 multiple -family dwelling district ................... 2490 Sec. 45-29. Reserved ............................................ 2492 Sec. 45-30. R-3 apartment dwelling district ....................... 2492 Sec. 45-31. C -A commercial district ............................... 2493 Sec. 45-31.1. CB commercial district .............................. 2498.1 Sec. 45-32. C -1A limited commercial district ...................... 2502 Sec. 45-32.1. CC Transitional commercial district .................. 2504.1 Sec. 45-33. C-1 neighborhood commercial district .................. 2504.2 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 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 *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 [ ] 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. 62 2479 NORTH PALM BEACH CODE Page Sec. 45-36. General provisions ................................... 2512 Sec. 45-37. Historic site overlay district ........................... 2512.10 Sec. 45-38. I-1 light industrial district ............................ 2515 Sec. 45-39. Reserved ............................................ 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 ........................... 2530 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. 62 2480 APPENDIX C—ZONING ARTICLE I. IN GENERAL Sec. 45-1. Short title. The provisions embraced within this ordinance shall be known as the "zoning code" and may be so cited. Sec. 45-2. Definitions. For the purpose of this ordinance, certain words and terms are defined as follows: Accessory use is a use customarily incident and accessory to the principal use of land or building located on the same lot. Accessory building or structure shall include a building or structure customarily incident and accessory to the principal use of land or building located on the same lot. In the R-1 residential dwelling district, accessory buildings shall be limited to an open-air pavilion and an automobile garage. In the R-2 dwelling district, an accessory building shall be limited to an automobile garage. Adult entertainment. Adult entertainment means any adult arcade, adult theater, adult booth, adult bookstore/adult video store, adult motel or adult dancing establishment as defined in Ordinance No. 88-31, Palm Beach County Adult Entertain- ment Code; or any establishment or business operated for commercial gain where any em- ployee, operator or owner exposes his/her speci- fied anatomical area for viewing by patrons, in- cluding but not limited to: massage establishments whether or not licensed pursuant to Chapter 480, Florida Statutes, tanning salon, modeling studio, or lingerie studio. Antenna is a transmitting or receiving device used in communications that radiates or captures electromagnetic waves, digital signals, analog sig- nals, radio frequencies (excluding radar signals), wireless telecommunications signals or other com- munication signals. (See antenna tower for appli- cable regulations). Antenna tower is a guyed, monopole or self- supporting structure, whether free standing or attached to another structure, containing one or more antennas intended for transmitting or re- Supp. No. 62 2481 § 45-2 ceiving television, AM/FM radio, digital, micro- wave, cellular, telephone or similar form of elec- tronic communication. Antiques: Objects of an earlier period such as furniture, jewelry, stamps, coins, miniaturized replicas, works of art, or other decorative articles that are collected primarily because of their age, history, or expectation of increasing value. Assisted Living Facility means a facility li- censed by the agency for health care administra- tion which provides housing, meals and personal care and services to adults for a period exceeding twenty-four (24) hours, as defined in F.S. § 429.02, as amended. Building is any structure, either temporary or permanent, having a roof or other covering and designed for the shelter or enclosure of any per- son, animal or property. Child care facility means a licensed facility with more than five (5) children that are unre- lated to the operator of the facility and which complies with F.S. ch. 402. Community residential home, as defined in F.S. ch. 419, means a dwelling unit licensed to serve clients of the department of health and rehabili- tative services, which provides a living environ- ment for seven (7) to fourteen (14) unrelated residents who operate as the functional equiva- lent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. Decorative post structure is the support base for a light fixture and shall comply with the following requirements: (1) The installation of a decorative post struc- ture shall comply with all village build- ing, electrical and zoning codes. (2) Free standing. (3) Conform with the architectural design of the main building veneer. (4) May be located within the main building setback areas. § 45-2 NORTH PALM BEACH CODE 1 (5) Not more than two (2) decorative post structures per driveway entrance and not more than four (4) decorative post struc- tures per lot. (6) Not more than thirty (30) inches in width and depth and/or diameter. (7) Not less than eighteen (18) inches setback from any lot line. (8) Not more than thirty six (36) inches in height without a fixture. Exception: Not more than seventy-two (72) inches in height without a fixture when setback a mini- mum of thirty-five (35) feet from any side lot line or rear lot line on corner lots and not less than thirty-six (36) inches from any public right-of-way. Detached fence storage area is a storage area attached to a fence erected on the property line in conformance with fence requirements of the North Palm Beach Code. Such storage area shall not exceed three (3) feet in depth nor be longer or higher than the fence to which it is attached. Said storage area shall be constructed of the same material, design and color as the fence to which it is attached and the fence and storage area shall be constructed of opaque materials which prop- erly screen the interior of the storage area from the view of the adjacent property owners. De- tached fence storage areas shall not be erected closer to the street than the adjacent front wall of the main building. No such storage area shall be erected unless its construction conforms to village ordinances. Drug store is an establishment that combines a pharmacy with the sale of products typically associated with a convenience store, and provides services such as photo processing or basic health assessments (such as vaccinations or minor exam- inations). These uses are subject to additional regulations regarding the dispensing of controlled substances set forth in section 45-36.T of this chapter. Dwelling is any building or structure designed exclusively for residential occupancy. A dwelling may be designed for one -family, two-family or multiple -family occupancy, but not including ho- tels, clubs, motels, boarding or lodging houses or Supp. No. 62 2482 house trailers whether such trailers be mobile or located in stationary fashion as when on blocks or other foundation. Dwelling unit is a single unit providing com- plete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Family shall mean one or more persons living in the same single or multiple family dwelling unit, all of whom are related by blood, marriage or adoption, or a group of persons all of whom are not so related which does not exceed two (2) unrelated persons in number. This term shall not include the occupants of a rooming or boarding house, group home/congregate living facility or other similar use with share cooking or sanitary facilities. Family day care home is an occupied residence in which child care is regularly provided for five (5) or fewer preschool children from more than one unrelated family and- which receives a pay- ment, fee or grant for any of the children receiving care, whether or not operated for profit. The maximum five (5) preschool children shall include preschool children living in the home and pre- school children received for day care and not related to the resident caregiver. Elementary school siblings of the preschool children receiving day care may also receive day care outside of school hours provided the total number of children, including the caregiver's own and those related to the caregiver, does not exceed ten (10). Floor area is all usable floor space within the exterior walls of a structure. Front, side and rear line of a building shall be deemed and construed to include both the main portion of such structure and all projections there- from, including any garage, carport or an ex- tended roof beyond the normal eave or cornice forming a cover or roof over an entrance to such dwelling. Any awnings or shutters supported by vertical posts, columns or pipes shall also consti- tute the building line. The building line shall not include the eaves of such structures nor any open terraces, stoops, steps, or planting boxes which do not extend more than four (4) feet above the level of the yard grade. APPENDIX C—ZONING Exception. Cantilevered canvas awnings may ex- tend no more than eight (8) feet into the required front, side or rear setback and shall be set back two (2) feet from the side property line. Front yard is that area between the front building line and the front line of the lot, and extending from one (1) side line to the other. Lamp post is a free standing structure that is not more than four (4) inches in width and depth and/or diameter and not more than eighty-four (84) inches in height. The installation of a lamp post shall comply with all village building, elec- trical and zoning codes. A lamp post may be installed within the main building setback area. Living area is that area within any dwelling or rooming unit, measured between the inner sides of the exterior walls, made usable for human habitation, with the following exceptions: Any utility room or storage space that is not accessible from within the principal structure; all common corridors, hallways or exits provided for access or vertical travel between stories of apartments of multifamily units. Lot is a parcel of land occupied or to be occupied by one (1) main building and its accessory build- ings with such open and parking spaces as are required by the provisions of this ordinance, and having its principal frontage upon a street. Lot of record is a part of the land subdivision, the map of which has been recorded in the office of the clerk of the court of Palm Beach County, Florida. Mechanical equipment means necessary or ac- cessory equipment mounted on or adjacent to a principal structure, including but not limited to central air conditioning equipment, ventilation equipment, generators, heating equipment, anten- nas, satellite dishes, refrigeration equipment, household appliances, solar and conventional hot water heaters, elevator machinery and similar type equipment. Medical or dental office or clinic means a facil- ity providing health care services to the public by physicians, dentists, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podi- atrists, optometrists, psychiatrists or others who Supp. No. 62 2483 § 45-2 are duly licensed to practice their respective med- ical or dental profession in the State of Florida, as well as those technicians and assistants who are acting under the supervision and control of a licensed health care practitioner. These uses shall not include establishments where patients are lodged overnight and are subject to additional regulations regarding the dispensing of controlled substances set forth in section 45-36.S of this chapter. Mixed-use commercial means a combination of retail commercial and non -retail commercial busi- nesses where non -retail tenants comprise fifty (50) percent or more of the gross floor area. Any combination of retail and non -retail businesses where the retail component comprises fifty (50) percent or more of the gross floor area shall be classified as a retail commercial facility. Mobile home park means a residential tenancy in which a mobile home is placed upon a rented or leased lot in a park in which ten (10) or more lots are offered for rent or lease. Motel is a group of two (2) or more attached, detached, or semidetached buildings containing guest rooms or apartments with automobile stor- age or parking space provided in connection there- with, designed and used primarily by automobile transients. Non -retail commercial means any business clas- sified as other than "retail trade" using the Stan- dard Industrial Code (S.I.C.) System, provided that such business is permitted by the Village Code of Ordinances. Occupied shall be deemed to include the words "arranged," "designed" or "intended to be occu- pied." Open-air pavilion means a detached ancillary structure, open on all sides, with a partial to full roof covering of some type used for recreation, entertainment, contemplation or meditation pur- poses. This definition shall include all types of chickee or tiki huts, pergolas, gazebos, and other pavilion -type structures. Pharmacy is an establishment primarily en- gaged in the retail sale of a variety of prescription and non-prescription drugs and medicines, pros - § 45-2 NORTH PALM BEACH CODE i thetic supplies, surgical instruments and sup- plies, and sale and/or rental of aids for invalids. These uses are subject to additional regulations regarding the dispensing of controlled substances set forth in section 45-36.T of this chapter. Principal building or structure is the building or structure in which the principal use of the lot is conducted. Principal use is the primary or predominant use of any lot. Rear yard is that area between the rear build- ing line and the rear lot line, and extending from one (1) side line to the other. On all lots the rear yard shall be in the rear of the front yard facing the street. Resident of a community residential home means any of the following: an aged person as defined in F.S. ch. 400; a physically disabled or handicapped person as defined in F.S. ch. 760; a developmen- tally disabled person as defined in F.S. ch. 393; a nondangerous mentally ill person as defined in F.S. ch. 394; or a child as defined in F.S. ch. 39. Residents, as defined in F.S. chapters 400, 760, 393 and 394, shall not reside in the same commu- nity residential home as a child as defined in F.S. ch. 39. Retail commercial means any business classi- fied as a "retail trade" establishment using the Standard Industrial Code (S.I.C.) System, pro- vided that such business is permitted by the Village Code of Ordinances. Satellite television antenna is an apparatus capable of receiving communications from a trans- mitter or a transmitter relay located in planetary orbit. Usable satellite signal is a signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television. Satellite dish antennas may be erected as an accessory structure in R-1 and R-2 zoning districts, subject to the following restrictions: (1) The satellite television antenna shall be mounted on the ground only, and shall be located only in the rear yard of any lot. The satellite television antenna shall be placed so that there shall be a rear and Supp. No. 62 2484 side yard of not less than five (5) feet, or if a corner lot, a side street yard of not less than twenty (20) feet. (2) Such antenna shall not exceed fifteen (15) feet in height, including any platform or structure upon which said antenna is mounted or affixed. Such antenna may not exceed fifteen (15) feet in diameter. (3) Installation of a satellite television an- tenna shall comply with the village build- ing codes, electrical codes, zoning codes and other village codes that may apply thereto. (4) Not more than one (1) satellite television antenna shall be allowed on any lot. (5) Satellite television antennas shall meet all manufacturer specifications, be of non- combustible and corrosive -resistant mate- rial, and be erected in a secure, wind - resistant manner. Every such antenna must be adequately grounded for protec- tion against a direct strike of lightning. (6) Satellite television antenna shall be screened from all adjoining private prop- erty by an opaque fence, an opaque wall or by natural landscape planting so planted as to provide maximum opacity that is a minimum of six (6) feet in height from grade. Setback means the distance measured from a side, rear and front lot line or from the currently designated ultimate right-of-way line (i.e., fed- eral, state, county and village) to the closest point within the lot that may be occupied by a building or an accessory structure. Front setbacks shall be based on the platted front line of the property or on the ultimate right-of-way line as determined by the village. Side yard is that area between the side build- ing line and the side line of the lot and extending from the front building line to the rear building line. Story is that portion of a building between the surface of any floor and the surface of the floor APPENDIX C -ZONING next above it, or, if there be no floor above it, then the space between any floor and the ceiling next above it. Street is any public or private thoroughfare which affords the principal means of access to abutting property. It may be designated on the map as a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or otherwise. Structure is anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Time-share unit is a dwelling unit in which the right of use or occupancy circulates among vari- ous persons for specific periods of time less than one (1) year in accordance with a fixed time schedule. Traditional chickee but means a type of chickee but that consists solely of an open -sided wooden but with a thatched roof of palm or palmetto or other traditional materials constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida and that does not incor- porate any electrical, plumbing or other non -wood features. Transient commercial means any one, or a combination of the following businesses oriented to serving either village residents or the motoring public (i.e. in transit through or visiting the area); (1) the sale of fuel, convenience goods and/or minor vehicular repair services; (2) hotel and/or motel accommodations; (3) restaurant facilities; (4) florist, tobacco store and stand, and hobbies, toys and games. Used shall be deemed to include the words "arranged," "designed" or "intended to be used." Yard is the open space on the same lot with the main building, unoccupied and unobstructed from the ground upward. Xeriscape means a method of water conserva- tion gained through the utilization of trees, shrubs, vines, plants, groundcover and turf grasses which are drought tolerant. The implementation of ap- propriate planning and design, use of soil amend- ments, efficient irrigation, practical turf grass, use of drought tolerant plants, mulches and ap- Supp. No. 62 2485 § 45-6 propriate maintenance results in reduced water consumption but still provides a very wide range of attractive landscaping alternatives. (Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82; Ord. No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1, 6-28-90; Ord. No. 21-90, § 1, 6-28-90; Ord. No. 23-90, § 1, 6-28-90; Ord. No. 10-95, § 1, 3-23-95; Ord. No. 23-95, § 1, 7-17-95; Ord. No. 29-95, § 1, 9-28-95; Ord. No. 4-98, § 1, 1-2-98; Ord. No. 05-2001, § 1, 3-8-01; Ord. No. 26-2001, § 1, 8-23-01; Ord. No. 2009-04, § 2, 4-23-09; Ord. No. 2010-21, § 4, 11-18-10; Ord. No. 2011-02, § 2, 2-10-11; Ord. No. 2012-03, § 2, 3-22-12; Ord. No. 2015-10, § 2, 6-11-15) Cross reference -Definitions for Code in general, § 1-2. Sec. 45-3. Interpretation of provisions. In interpreting and applying the provisions of this ordinance, they shall be held to be the mini- mum requirements for the promotion of the public health, safety, morals and general welfare of the community. Sec. 45-4. Conflict of provisions. (1) It is not intended by this ordinance to interfere with or abrogate or annul any ease- ments, covenants or other agreements between parties. (2) That where this ordinance imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by ease- ments, covenants, or agreements, the provisions of this ordinance shall control. Sec. 45-5. Changes and amendments. The village council may, from time to time, on its own motion or on petition, amend, supple- ment, change, modify or repeal by ordinance the boundaries or districts or regulations or restric- tions herein established, after public hearing. Sec. 45-6. Penalty for violation of provi- sions. Any person who shall violate any of the provi- sions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who § 45-6 NORTH PALM BEACH CODE shall build or alter any building in violation of any detailed statement or plan submitted and ap- proved thereunder, upon conviction thereof shall be punished as provided in section 1-8 [of the village Code], and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any buildings or premises or part thereof, where anything in vio- lation of this ordinance shall be placed, or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith shall each be guilty of a separate of- fense and upon conviction thereof shall be pun- ished as provided in section 1-8. Secs. 45-7-45-15. Reserved. ARTICLE II. GENERALLY Sec. 45-16. Division of village into districts; districts enumerated. In order to classify, regulate and restrict the uses of land and buildings, the height and bulk of buildings, the amount of open spaces about build- ings, intensity of land use, the Village of North Palm Beach, Florida is divided into twelve (12) zoning districts, as follows: R-1 Single-family dwelling district R-2 Multiple -family dwelling district R-3 Apartment dwelling district C -A Commercial district C -1A Limited commercial district CB Commercial district C-1 Neighborhood commercial district C-2 Automotive commercial district C-3 Regional business district P Public district C -OS Conservation and open space CC Transitional commercial district In the creation of this ordinance of the respec- tive districts, the village council has given due and careful consideration to the peculiar suitabil- ity of each district for the particular uses and regulations applied thereto and to the densities of population, all in accordance with the comprehen- sive development plan of the village. (Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1, 9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No. 1-95, § 1, 3-23-95; Ord. No. 33-97, § 1, 7-10-97) Supp. No. 62 2486 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, con- sider the characteristics of the proposed use, including, but not limited to, size, intensity, den- sity, operating hours, demands for public facili- ties, traffic impacts and business practices. (c) Upon review and evaluation of the applica- tion, the community development director shall present his or her recommendation to the village council for final consideration on the next avail- able council agenda. (d) The village council shall conduct a public hearing on the application for special use permit and determine whether the application meets the criteria set forth in subsection (b) above. The village council shall grant or deny the application by written order. (e) In granting a special use permit, the village council may impose conditions necessary to en- sure that the proposed use: (1) Is compatible with the existing or planned character of the neighborhood in which it would be located; (2) Will not have an adverse impact upon adjacent properties; and (3) Will not interfere with the use of adjacent properties. Such conditions may include restrictions on the size and operating hours of the proposed use. (f) If the conditions imposed by the special use permit are not met, the community development director may revoke the permit. A permit holder may appeal the revocation of a special use permit APPENDIX C—ZONING (4) The applicant must to the fullest extent practicable, demonstrate to the village that the antenna tower and accessory equipment buildings will be screened from view by architectural features, landscap- ing, existing natural vegetation, or will be Aesthetically designed to blend into and harmonize with the area or location sur- rounding the antenna or antenna tower site in accordance with the village of North Palm Beach Appearance Plan. (5) Antenna or antenna towers shall not be artificially lighted except as required for public safety purposes, or by the Federal Aviation Administration (FAA). Signage shall not be allowed except as required for public safety purposes, or by the Federal Communications Commission (FCC). (6) To the extent not in conflict with the provisions described above, any proposed antenna or tower or accessory equipment building will be subject to all applicable village codes and regulations. (Ord. No. 12-97, § 1, 2-27-97; Ord. No. 2015-11, § 3, 6-25-15) Editor's note—Section 45-21, relative to oceanfront land in the R-1 district, has been repealed by Ord. No. 4-82, § 1, enacted Jan. 28, 1982. The former section did not bear a history note. Subsequently, Ord. No. 12-97, § 1, adopted Feb. 27, 1997 added new provisions pertaining to telecommunica- tions antenna and antenna towers as herein set out. Sec. 45-22. Oceanfront land—Ocean setback. There shall be a building setback line of not less than fifty (50) feet from the dune line, or one hundred (100) feet from the highwater line, which- ever distance is greater, for all property bordering on the Atlantic Ocean. The measurement of the setback from the dune line and the highwater line shall be to the closest edge of any building to be constructed on the Atlantic oceanfront. (Ord. No. 23-72, § 1) Sec. 45-23. Emergency generators required for automotive service stations. All newly constructed automotive service sta- tions shall have a permanently installed emer- gency generator. Existing automotive service sta- tions shall be required to install permanent § 45-27 emergency generators whenever such service sta- tion is rebuilt after being destroyed to an extent of more than fifty (50) percent of its assessed value or whenever a revised site plan for such service station is submitted for approval which enlarges upon or alters in any way the original site plan for that service station. All others shall have a trans- fer installed within two (2) years of the passage of this section, to allow for a portable generator to be easily connected to the service station. For the purposes of this section, an automotive service station means any commercial establishment en- gaged in the retail sale of gasoline. (Ord. No. 2006-22, § 2, 9-14-06) Secs. 45-24-45-26. Reserved. ARTICLE III. DISTRICT REGULATIONS* Sec. 45-27. R-1 single-family dwelling dis- trict. A. Uses permitted. Within any R-1 single- family dwelling district no building, structure, land or water shall be used except for one (1) or more of the following uses: 1. Single-family dwellings with accessory buildings customarily incident thereto, sub- ject to each of the requirements set forth in this section and throughout this chap- ter. Supp. No. 62 2488.7 2. Public schools. 3. Parks and recreation facilities owned or leased by or operated under the supervi- sion of the Village of North Palm Beach. 4. Detached fence storage areas. Satellite dish antenna. Community residential homes. Commu- nity residential homes of six (6) or fewer residents which otherwise meet the defi- nition of a community residential home, provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such home with six (6) or fewer residents. *Cross reference—Home occupations, § 17-2. § 45-27 NORTH PALM BEACH CODE Family day care home. 8. Lamp post. 9. Decorative post structure. B. Building height regulations. No main build- ing shall exceed two (2) stories in height and no accessory building more than one (1) story. C. Building site area regulations. The mini- mum lot or building site area for each single- family dwelling shall be seven thousand five hun- dred (7,500) square feet and have a width of not less than seventy-five (75) feet, measured at the building line. D. Yard space regulations. 1. Front yard. There shall be a front yard of not less than twenty-five (25) feet mea- sured from the street line to the front building line. 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured from the rear building line to the rear lot line. 3. Side yards. There shall be a side yard on each side of the side building line of not less than ten (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. (a) For a distance of one block on streets intersecting U.S. #1, measured from the right-of-way line of said U.S. #1, side yards of at least twenty-five (25) feet in depth shall be provided. E. Off street parking regulations. At least one parking space measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty-two (162) square feet) shall be provided. All parking spaces shall consist of a durable surfaced area as ap- proved by the community development director, and may be enclosed in the dwelling, in an acces- sory building or in an unenclosed area or a driveway. All vehicles parking on a lot must be parked on a durable surface. F. Accessory structures. One detached automo- bile garage and one open-air pavilion may be constructed on any lot within the R-1 single- family dwelling district provided that all require- ments of this chapter are met. Open air pavilions shall be subject to the following additional condi- tions and restrictions: Supp. No. 62 2488.8 1. Permitting. (a) All open-air pavilions must be per- mitted in accordance with all Florida Building Code and Village Code re- quirements. (b) Open-air pavilions meeting the defi- nition of a traditional chickee but are exempt from the Florida Build- ing Code but shall be subject to con- sistency review by the village. Con- sistency shall be demonstrated through the issuance of a zoning permit and shall require the submit- tal of the following information: (1) A survey that includes scaled dimensions of the proposed structure, including setbacks; (2) Proof that the builder of the chickee but is a member of ei- ther the Miccosukee Tribe of Indians of Florida or the Semi- nole Tribe of Florida (such proof consisting of a copy of the trial member's identification card); and (3) Drawings of the proposed struc- ture depicting, at a minimum, the overall design, dimensions, roof materials, and height. 2. Dimensions. Open-air pavilions shall not exceed two hundred (200) square feet in floor area. The floor area shall be mea- sured from outside the support posts, pro- vided that the roof overhang does not exceed three (3) feet from the support posts. If the roof overhang exceeds three (3) feet, the floor area shall consist of the APPENDIX C—ZONING building permit in no way offsets the deed covenants, and that the applicant should also check the deed covenants to protect himself. D-1. On vacant lots adjacent to any waterbody, a non-opaque galvanized metal, wrought - iron or chain link fence no greater than four (4) feet in height may be constructed within five (5) feet of the seawall or bulk- head line to restrict access to the waterbody from the vacant lot. Chain link fences may also be vinyl coated. D-2. Where a parcel within a residential zon- ing district abuts a parcel within a com- mercial or industrial zoning district, a wall or fence not exceeding six (6) feet in height may be erected along the side property line between the front yard set- back and the street line provided that such wall or fence is set back at least three (3) feet from the front property line or as otherwise required to comply with the sight triangle and clear zone require- ments of the Florida Department of Trans- portation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of Streets and Highways, whichever is greater. E. In the event one (1) lot, or portion thereof, and the whole or a portion of a contiguous lot, all in one (1) ownership, shall be used as one (1) building site for one (1) resi- dence building, and its appurtenant out- buildings permitted by this ordinance, then while so owned and used the side lines and rear line of such site shall be deemed to be the side and rear lot lines of such sites. F. No business, professional, or commercial activity shall be conducted upon any por- tion of real property zoned R-1 single- family dwelling district, R-2 multiple - family dwelling district and R-3 apartment dwelling district or within any dwelling thereon or upon a dock, pier or other waterside structure appurtenant thereto and attached to such real property, other than as provided by section 17-2. Supp. No. 57 2512.1 § 45-36 G. In all multifamily residential buildings two (2) stories or greater in height, and in all commercial buildings over four (4) sto- ries in height, which are not equipped with elevators provided with standby emer- gency power and having minimum cab dimensions which will permit the use of the elevator cab by normal size emer- gency ambulance stretchers, and in all commercial buildings two (2) stories to four (4) stories in height which are not equipped with elevators having minimum cab dimensions which will permit the use of the elevator cab by normal size emer- gency stretchers, there shall be a mini- mum of one (1) access stairway serving every story. Such stairway shall have the following minimum dimensions: (1) Minimum width of stairway to be five (5) feet. (2) Minimum dimensions of all landings to be ten (10) feet by six (6) feet, six (6) inches. H. Patios connected to the rear of a dwelling unit may be enclosed by screening pro- vided there shall be a rear yard of not less than fifteen (15) feet measured from the rear of the screened enclosure to the rear lot line. I. There shall be a front yard of not less than forty (40) feet measured from the street line to the front building line in the case of Lots 11 to 35 inclusive, Block 3, as shown on the plat of Village of North Palm Beach, Plat 1, recorded in plat book 24, page 205, Public Records of Palm Beach County, Florida. J. Whenever, by this ordinance, off-street parking is required in any commercial district or in any R-3 apartment dwelling district, no such parking facilities shall be hereafter constructed until a permit there- for shall have been issued by the building inspector, and until the plans and specifi- cations therefor are such that: a. Such off-street parking area is de- signed with appropriate means of vehicular access to a public street or alley. § 45-36 NORTH PALM BEACH CODE b. Such off-street parking area is de- permitted carnival, fair or circus must be signed with appropriate vehicular obtained from the office of the village maneuvering areas. manager. There will be no charge or fee C. Such off-street parking area is paved for such permit. with an asphaltic or concrete surfac- L. No gasoline or oil filling stations and no ing, or other material designed to service station shall be erected within five prevent dust. hundred (500) feet of any church, hospi- d. Such off-street parking area is so tal, school or other similar institution constructed, graded and surfaced as where large numbers of pedestrians Ion- to prevent surface water from drain- gregate, nor within five hundred (500) ing onto public right-of-way, or on feet of the location in said village of an - adjoining properties, the outlets for other gasoline or oil filling station or ser - such surface waters to be connected vice station. No church, hospital, school or directly or indirectly to storm sewer similar institution where large numbers conduits terminating in existing pub- of pedestrians congregate shall locate or licly controlled waterways or in other operate within five hundred (500) feet of seepage areas approved by the build- any gasoline or oil filling station or service ing department. station. e. Such off-street parking areas shall The method of measurement that shall be used for vehicular traffic only, apply in such cases shall be by measure - with no sales, dead storage, repair ment of the airline distance made or taken work, dismantling or servicing of any from the nearest boundary of the lot or kind unless expressly permitted by premises of a gasoline or oil filling station the zoning of the district in question. or service station to the nearest boundary of the lot or premises of a church, hospi- f. If lighting of such areas is to be tal, school or other similar institution. provided, the plans therefor shall be such that such lighting shall reflect M. Building height regulations. away from any public street and at (1) Within the area of the Village of such an angle as to prevent glare or s North Palm Beach which lies north undue illumination of residential of the Intracoastal Waterway and properties in the neighborhood. p west of U.S. Highway No. 1, no build - K. No carnival, fair, amusement park or cir- ing or structure shall exceed sixteen cus shall be carried on in any residential (16) stories or one hundred sixty or commercial zoning district in the Vil- (160) feet. lage of North Palm Beach, including zon- (2) Within the area of the Village of ing districts R-1, MA, R-3, C -A, C -1A, North Palm Beach which lies north C-1 and C-2; provided, however, that a of the Intracoastal Waterway and carnival, fair or circus may be carried by a east of U.S. Highway No. 1, no build - nonprofit organization to collect funds to ing or structure shall exceed twenty - further the purposes of such organization two (22) stories or two hundred at the premises where the organization is twenty (220) feet. located within the Village of North Palm Beach. No such carnival, fair or circus (3) Within the area of the Village of shall extend for more than three (3) con- North Palm Beach which lies south secutive days, and no such carnival, fair of the Intracoastal Waterway and or circus may be open to the public be- east of U.S. Highway No. 1, no build- tween the hours of 10:00 p.m. and 10:00 ing or structure shall exceed four (4) a.m. during any day. A permit for such stories or forty (40) feet. Supp. No. 57 2512.2 APPENDIX C—ZONING § 45-36 (4) Within the area of the Village of 4 -COP -SRX license as a North Palm Beach which lies south restaurant with full kitchen and west of the Intracoastal facilities, and fifty-one (51) Waterway and west of U.S. Highway percent or more of the gross No. 1, no building or structure shall sales are derived from the sale exceed four (4) stories or forty (40) of food and non-alcoholic bever- feet. 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 and service of food); (1) No licensed retail sales of alcoholic b. Any bona fide restaurant beverages shall be carried on where operating under a Florida the proposed place of business is 2 -COP license as a restaurant within one thousand (1,000) feet of with full kitchen facilities a church or other place of worship, where: public or private school, hospital, park or playground, or a place of (i) the entire restaurant, business of another licensed retail including, but not limited seller of alcoholic beverages; provided to, kitchen facilities, work further, that no licensed retail sales and storage areas, rest - of alcoholic beverages shall be car- rooms and eating areas, ried on in the C-3, Regional Busi- 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, (ii) Alcoholic beverages are synagogue, temple or other place of served for on premises worship. consumption only when (2) The measurements provided above the restaurant is open for shall be made or taken from the the sale and service of main front entrance or entrances of food. such church or other place of wor- (5) Nothing in subsection N.(1) shall ship, public or private school, prohibit the conduct of licensed retail hospital, park or playground, or a sales of alcoholic beverages within place of business of another licensed one thousand (1,000) feet of the retail seller of alcoholic beverages, North Palm Beach Country Club. to the main front entrance of the (6) Churches and other houses of wor- applicant's proposed place of busi- ship, public and private schools, ness along the route of ordinary hospitals, parks, and playgrounds pedestrian traffic. may locate and operate within one (3) The restrictions of subsection N.(1) thousand (1,000) feet of an existing shall not apply to the sale of beer, business licensed for the retail sale ale or wine at retail, not to be of alcoholic beverages, and, in such consumed on the premises. event, the existing business engaged (4) The restrictions of subsection N.(1) in the licensed retail sale of alcoholic pertaining to distances from other beverages shall not be in violation licensed sellers of alcoholic bever- of section 45-36N.(1). ages shall not apply to: O. Xeriscape landscaping practices. Proper - a. Any bona fide restaurant ties within all zoning districts are encour- operating under a Florida aged to utilize xeriscape landscaping Supp. No. 63 2512.2.1 § 45-36 NORTH PALM BEACH CODE 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 permitted for adult entertain - Management District xeriscape manual. ment establishments. P. Maximum floor -area ratio. Maximum (2) Permitting process. An applicant for gross floor area ratios for commercial approval of outdoor seating shall development within the area of the vil- include the proposed outdoor seat- lage defined by PGA Boulevard on the ing as part of an overall application north, Lake Worth on the east and the for a building permit and/or Intracoastal Waterway on the south and certificate of appropriateness or shall west shall be limited as follows: retail - seek amendment of an existing build - 0.25; professional office - 0.35; and mixed- ing permit and/or certificate of use - 0.35. appropriateness to allow for outdoor Q. Outdoor seating. seating, pursuant to the applicable provisions of this Code. Every (1) Applicability. Outdoor seating shall application involving outdoor seat - be permitted as an accessory use to ing shall include the following, in a building in which a food service addition to and not in place of establishment is operated, provided anything else which may otherwise that: be required by any other provision a. The outdoor seating area is of this Code: adjacent to that portion of the a. A site plan, drawn to scale, food service establishment which shows at least the build - which is inside the building. ing for which outdoor seating b. The outdoor seating is located will be an accessory use; the on property which is either location of the food service owned or leased by the adjacent establishment which will use food service establishment or the outdoor seating; the loca- the landlord of such food service tion of the outdoor seating and establishment. all related fencing screening, C. The outdoor seating can be or dividing materials; the loca- accommodated without imped- tion ing the access of the general public, including persons with disabilities, to the portion of the food service establishment which is located inside the building, or to any other com- mercial business or other use. d. The outdoor seating can be accommodated without creat- ing a need for additional park- ing spaces which could not be provided on the same site as the building for which the outdoor seating would be an accessory use or would create Supp. No. 63 2512.2.2 APPENDIX C --ZONING § 45-36 Supp. No. 63 2512.9 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 ages and/or code violations roll -off dumpster shall be caused by an unsecured located in any required 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. 63 2512.9 § 45-36 NORTH PALM BEACH CODE 11-75, § 1, 9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91; Ord. No. 20-95, § 1, 7-27-95; Ord. No. 34-96, § 1, 8-22-96; Ord. No. 3-97, § 1, 1-9-97; Ord. No. 12-97, §§ 3, 4, 2-27-97; Ord. No. 2-98, § 1, 1-8-98; Ord. No. 6-99, § 1, 1-28-99; Ord. No. 03-2002, § 1, 2, 2-14-02; Ord. No. 04-2005, § 1, 2-10-05; Ord. No. 2006-28, § 11, 12-14-06; Ord. No. 2010-21, § 5, 11-18-10; Ord. No. 2011- 02, §§ 3, 4, 2-10-11; Ord. No. 2011-09, § 2, 5-26-11; Ord. No. 2014-01, § 2, 1-23-14; Ord. No. 2015-20, § 2, 11-12-15) Sec. 45-37. Historic site overlay district. A. Purpose. The historic site overlay district is used to impose special development restric- tions on identified areas. The locations of this overlay district are established by the Village based on the need for special protective measures at those locations. The historic site overlay district imposes different standards than those that would otherwise apply. B. Definitions. [For purposes of this section, the following words shall have the meaning ascribed to them in this subsection:] Building. A structure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel, or similar structure. Buildings may refer to a historically or architecturally related complex, such as municipal buildings, or a house and barn. Park- ing lots and garages are hereby deemed to be "buildings." Cultural resource. A site, object, structure, building or district listed in the Village's register of historic sites. Demolition. The tearing down or razing of twenty-five (25) percent or more of a structure's external walls. District. A geographically definable area pos- sessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or areas, which are united historically or aestheti- cally by plan or physical development. A district may be comprised of individual resources which are separated geographically but are linked by association or history. Object. A material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature of design, movable, yet related to a specific setting or environment. Ordinary maintenance. Work which does not require a construction permit and that is done to repair damage or to prevent deterioration or decay of a building or structure or part thereof as nearly as practicable to its condition prior to the damage, deterioration, or decay. Original appearance. That appearance (except for color) which, to the satisfaction of the village council, closely resembles the appearances of either: (1) The feature on the building as it was originally built or was likely to have been built, or (2) The feature on the building as it pres- ently exists so long as the present appear- ance is appropriate, in the opinion of the village council, to the style and materials of the building. C. Creation of local register of historic sites. A local register of historic sites is hereby created as a means of identifying and classifying various sites, buildings, structures, objects and districts as historic and/or architecturally significant. The local register will be kept by the director of community development. D. Initiation of placement on local register. Placement of sites, buildings, structures, objects or districts on the local register may be initiated by the village council. In addition, placement may be initiated by the owner of the site, build- ing, structure, object or area; or, in the case of a district, by the owner of a site, building, structure, object or area within the proposed district. By adoption of this ordinance, those sites within the Village of North Palm Beach that have been classified as a "Florida historic site" by the Division of Archives, History and Records Manage- ment, Florida Department of State, are hereby placed on the local register. Supp. No. 63 2512.10 APPENDIX C—ZONING § 45-38 Food truck: A mobile food dispensing vehicle that is self-propelled and capable of being moved from place to place and where food and beverages are consumed off -premises. Governmental Services: Buildings or facilities owned or operated by a government entity and providing services for the public. Typical uses include administrative offices for government agen- cies, public libraries, police stations, public utili- ties and public works facilities. Instructional studio: A commercial establish- ment providing training or instruction for compe- tition in martial arts, exercise, gymnastics, or related/similar activities. Kennel (Commercial): A commercial establish- ment, including any building or land, used for the training, boarding or grooming of domesticated animals (e.g. dogs and cats) for profit and not necessarily owned by the occupants of the prem- ises. Landscape Service: An establishment engaged in the provision of landscape maintenance or installation services, such as lawn mowing, tree, shrub or hedge trimming, leaf blowing, landscape design, and landscape installation. Laundry Services: An establishment that pro- vides washing, drying, dry-cleaning, or ironing machines for hire to be used by customers on the premises, or that is engaged in providing laundry and dry cleaning services with customer drop-off and pick-up. Machine or Welding Shop: A workshop where machines, machine parts, or other metal products are fabricated. Typical uses include machine shops, welding shops and sheet metal shops. Manufacturing and Processing (Light): An es- tablishment engaged in the manufacture, predom- inately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding heavy industrial processing. Typical uses include facto- ries, large-scale production, wholesale distribu- tion, publishing and food processing. Supp. No. 62 2517 Medical and Dental Laboratory: A facility for the construction or repair of prosthetic devices or medical testing exclusively on the written order of a licensed member of the dental or medical pro- fession and not for the general public. Medical or Dental Office: An establishment where patients, who are not lodged overnight, are admitted for examination or treatment by per- sons practicing any form of healing or health - building services whether such persons be medi- cal doctors, chiropractors, osteopaths, podiatrists, naturopaths, optometrists, dentists, or any such profession, the practice of which is lawful in the State of Florida. A pain management clinic shall not be considered a medical or dental office. Monument Sales, Retail: An establishment pri- marily engaged in the retail sale of monuments, such as headstones, footstones, markers, statues, obelisks, cornerstones, gargoyles and ledges, for placement on graves, including indoor or outdoor storage. Nursery, Retail or Wholesale: An establishment offering the wholesale or retail sale of horticul- tural specialties such as flowers, shrubs, sod, trees, mulch and accessory hardscape materials, such as decorative stones, intended for ornamen- tal or landscaping purposes. Office, Business or Professional: An establish- ment providing executive, management, adminis- trative, or professional services, but not involving medical or dental services or the sale of merchan- dise, except as an incidental uses. Typical uses include property and financial management firms, employment agencies (other than day labor), travel agencies, advertising agencies, secretarial and telephone services, contract post office; profes- sional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; and business offices of private companies, utility companies, public agencies, and trade associations. Park, Passive: A public or private outdoor rec- reation area relying on a natural or man-made resource base and developed with a low intensity of impact on the land. Typical uses include trail systems, wildlife management and demonstra- tion areas for historical, cultural, scientific, edu- § 45-38 NORTH PALM BEACH CODE cational or other purposes that relate to the natural qualities of the area, and support facili- ties for such activities. Parking Lot or Parking Garage, Commercial: A lot used for temporary parking or storage for motor vehicles as a principal use for a fee. Place of Worship: A sanctuary which may in- clude a retreat, convent, seminary or other simi- lar use, owned or operated by a tax-exempt reli- gious group that is used periodically, primarily or exclusively for religious worship, activities and related services. Printing and Copying Services: An establish- ment engaged in retail photocopy, reproduction, or blueprinting services. Repair and Maintenance, General: An estab- lishment engaged in the repair and maintenance of motor vehicles or other heavy equipment or machinery, including automobiles, boats, motor- cycles, personal watercraft and trucks, excluding paint and body work. Typical uses include vehicle repair garages, tune-up stations, glass shops, quick -lube, and muffler shops. Repair Services, Limited: An establishment en- gaged in the repair of personal apparel or house- hold appliances, furniture, and similar items, excluding repair of motor vehicles. Typical uses include apparel repair and alterations, small ap- pliance repair, small motor repair (including golf carts, mopeds and lawn mowers), bicycle repair, clock and watch repair, and shoe repair shops. Residential substance abuse treatment. An es- tablishment that includes the following licensed providers or facilities as specifically listed in F.S. § 397.311(18), providing overnight services: (a) day or night treatment with community housing; (b) detoxification services; (c) medication -assisted treatment for opiate addition; (d) outpatient treat- ment and intensive outpatient treatment; (e) ad- ditions receiving facility; (f) intensive inpatient treatment facility; and (g) residential treatment facility. Residential substance abuse treatment providers may also provide outpatient substance abuse treatment services. Restaurant, fast food: An establishment equipped to sell food and beverages by one of (1) the Supp. No. 62 2518 following methods: drive-through sales to patrons in automobiles for take-out who place orders through a window or remote transmission device; or sales to patrons for take-out or dining in, that includes three (3) or more of the following: food or beverage choices are advertised on a menu board; countertop sales where payment is made prior to consumption; disposable containers and utensil; limited service dining facilities with no hostess or waiters; and self-service or prepackaged condi- ments. Restaurant, take out: An establishment where food and beverages are served to be consumed off -premises. Security or Caretaker Quarters: An accessory residence used by a caretaker or security guard actively engaged in providing security, custodial or managerial services upon the premises. Self -Service Storage, Limited Access: A facility consisting of individual, self-contained units that are leased for the storage of business or personal goods. Transportation Facility: A facility for loading, unloading, and interchange of passengers, bag- gage, and freight or package express between modes of transportation. Typical uses include bus terminals, railroad stations and yards, and major mail -processing centers. Transportation Transfer Facility (Distribution): An establishment providing for the transfer of transportation or other motorized vehicles, but not involving vehicle sales or rental (retail or wholesale). Typical uses include the transfer of automobiles, trucks, heavy equipment, or other motorized vehicles prior to distribution to retail dealers. Shade House: A temporary screen enclosure used to protect plants from insects, heat and exposure to the sun. Towing Service, No Storage: An establishment engaged in tow truck and towing services, includ- ing dispatching, with no outdoor storage of vehi- cles, sales or repairing or salvage activity. Veterinary Clinic: An establishment engaged in providing medical care, treatment and temporary boarding for animals. APPENDIX C—ZONING § 45-38 Vocational School: An establishment offering regularly scheduled instruction in technical, com- mercial, or trade skills such as business, real estate, building and construction trades, electron- ics, computer programming and technology, auto- motive or aircraft mechanics and technology, or other type of vocational instruction. Warehouse: A building used for the storage of raw materials, equipment, or products. Typical uses include moving companies, cold storage, and dead storage facilities, but exclude self-service storage facilities. Wholesaling, General: An establishment en- gaged in the display, maintaining inventories of goods, storage, distribution and sale of goods to other firms for resale or supplying goods to vari- ous trades, such as landscapers, construction con- tractors, institutions, industries, or professional businesses. In addition to selling, wholesale es- tablishments sort and grade goods in large lots, break bulk and redistribute in smaller lots, deliv- ery and refrigeration storage, but excluding vehi- cle sales, wholesale greenhouses or nurseries, wholesale of gas and fuel, and wholesale building supplies. C. Uses permitted. Within any I-1 light indus- trial district, a building, structure, land or water shall not be used except for one (1) or more of the following uses: Light Industrial Use Matrix Use Type Use Type Foodservice establishment Residential Uses Food trucks Security or caretakers quarters SE Commercial Uses Kennel, commercial Art studio P Assisted living facility P Auto paint and body shop P Auto service station SE Broadcast studio P Building supplies SE Butcher shop P Car Wash SE Catering service P Communications Panel Antennas SE Daycare Center P Dispatching office P Dog daycare P Supp. No. 62 2519 Light Industrial Use Matrix Use Type Foodservice establishment P Food trucks P Instructional studio P Kennel, commercial SE Landscape service P Laundry service P Medical or dental office P Monument sales, retail P Office, business or professional P Parking lot or parking garage com- mercial P Printing and copying services P Repair and maintenance, general P Repair services, limited P Residential substance abuse treat- ment P Restaurant, fast food P Restaurant, take out P Self-service storage SE Towing service, no storage P Veterinary clinic P Vocational school P Agricultural Uses Agriculture, research and develop- ment P Commercial greenhouse P Community vegetable garden P Farmer's market, wholesale P Nursery, wholesale or retail P Shade house P Industrial Uses Chipping and mulching SE Data and information processing P Film production studio P Machine or welding shop P Manufacturing and processing, light P Medical and dental laboratory P Transportation facility SE Transportation transfer facility, dis- tribution SE Warehouse P Wholesaling, general P Public and Civic Uses Governmental services P Place of worship SE § 45-38 NORTH PALM BEACH CODE Light Industrial Use Matrix b. Slaughtering: Slaughtering, render - Use Type ing and dressing shall be prohibited. Recreation Uses 5. Catering Service: The use shall be subject Fitness center P to the following: Park, passive P a. Catering shall be allowed as an ac - Key: cessory use to a restaurant. P — Permitted by right. SE — Permitted subject to special exception approval per Section 45-16.2. D. Supplemental use regulations for select per- mitted or special exception uses. Permitted or special exception uses in the I-1 district shall be subject to the following conditions. 1. Assisted living facility: The following shall apply: a. Assisted living facilities shall be ap- proved as a planned unit develop- ment. b. Each residential living area contain- ing one (1) bed shall have a mini- mum floor area of one hundred fifty (150) square feet. An additional one hundred (100) square feet of floor area shall be required for each addi- tional bed provided within the same residential living area. C. The maximum number of beds al- lowed in an assisted living facility shall be determined by multiplying the gross acreage of the site by forty- seven and twenty -eight -hundredths (47.28) beds per acre. 2. Auto paint and body shop: All activity, except detailing and car washing shall be conducted within an enclosed structure. Use of outdoor lifts, jacks, paint booths and similar equipment is prohibited. 3. Building supplies: Limited retail sales of lumber and similar products to consum- ers may be conducted only as an accessory use to the primary wholesale use. 4. Butcher shop: The following shall apply: a. Storage and disposal: Outdoor stor- age or disposal of waste or byproducts is not permitted. Supp. No. 62 2520 b. The use of more than three (3) deliv- ery vehicles shall require special ex- ception approval. 6. Car wash: A car wash shall be allowed to utilize one (1) canopy which may be lo- cated in the rear yard with a minimum five-foot setback, provided that it is not adjacent to a residential use. 7. Chipping and mulching: a. Lot size: A minimum of five (5) acres. b. Setback: A minimum of five hundred (500) feet from any property line abutting a residential district. C. Accessory uses: Potting soil manufac- turing may be allowed as an acces- sory use to chipping and mulching. d. Access: Access shall be restricted to specific entrances with gates that can be locked and that carry official notice that only authorized persons are allowed on the site. 8. Communications panel antennas: Commu- nications panel antennas may be allowed subject to Section 45-21. 9. Community vegetable garden: a. Accessory structures: Accessory struc- tures shall be limited to 400 square feet. b. Spraying. Aerial application of fertil- izer or pesticides is prohibited. C. Parking: Overnight parking shall be prohibited. d. Loading: All loading and unloading activities shall be restricted to the site and shall not encroach into any setbacks. e. Storage: Outdoor storage is prohib- ited. The storage of all accessory APPENDIX C—ZONING § 45-38 equipment or products shall be con- tained within an accessory struc- ture. 10. Daycare center: The use shall be subject to the following: a. Day care does not include nighttime care (after 8:00 p.m.) or overnight care. b. Limited day care (6-20 children or adults) may be permitted as an ac- cessory use to a place of worship, vocational school or government ser- vices use. 11. Dispatching office: A dispatching office shall be limited to no more than three (3) service or delivery vehicles unless specif- ically approved by the Village Council as part of a Planned Unit Development. 12. Dog daycare: a. Waste disposal: A dog daycare shall comply with each of the following standards: (1) Palm Beach County Environ- mental Control Rule (ECR) 1 and ECR 2; (2) All applicable rules and regula- tions of the Florida Depart- ment of Environmental Protec- tion (FDEP); (3) All applicable rules and regula- tions of the Palm Beach County Health Department; (4) All applicable rules and regula- tions of the Palm Beach County Solid Waste Authority. b. Number of dogs: The number of dogs permitted shall be based upon the square footage of the facility pursu- ant to Palm Beach County Animal Control Center limitations and re- quirements. C. Vehicle drop-off spaces: Vehicle drop- off spaces shall be provided and are subject to the following standards: (1) At least three (3) drop-off spaces shall be provided for each fifty (50) dogs of approved capacity; and Supp. No. 62 2521 (2) Drop-off spaces shall measure not less than twelve (12) feet by twenty (20) feet. d. Outdoor runs: If used, outdoor runs or animal exercise areas shall be located a minimum of three hundred (300) feet from a residential use or zoning district, be hard surfaced or grassed with drains provided every ten (10) feet and be connected to a central or individual sanitary facil- ity approved by Seacoast Utility Au- thority or the Palm Beach County Health Department. A minimum six- foot high chain-link fence shall be required around outdoor runs. In addition, a continuous solid opaque hedge a minimum of four (4) feet at installation shall be provided around the outdoor run area. 13. Film production studio: a. Outdoor activities: Outdoor activi- ties, including filming or staging of a film, are prohibited unless specifi- cally authorized by the Village Coun- cil. b. Film permit: Prior to commence- ment of any regulated activity re- lated to the production of a film within the Village, a film permit shall be issued by the Director of the Palm Beach County Film and Tele- vision Commission. The duration of the permit shall not exceed twenty- four (24) months without approval of the Community Development Direc- tor. 14. Food trucks: a. Food trucks shall only be permitted as an accessory use to a primary, approved use. b. Food trucks selling items other than packaged or pre-packaged food items shall be licensed as mobile food dis- pensing vehicles by the Florida De- partment of Business and Profes- sional Regulation, Division of Hotels § 45-38 NORTH PALM BEACH CODE and Restaurants and shall comply with all rules and regulations pro- mulgated by the Division, including, but not limited to, those pertaining to potable water and waste disposal. Food trucks selling packaged and pre-packaged food items only shall be licensed by the Florida Depart- ment of Agriculture and Consumer Services. 15. Kennel, commercial: a. Limitations of use: A commercial ken- nel shall be limited to the training, boarding and grooming of dogs and cats. b. Outdoor runs: Outdoor runs shall comply with the requirements of sub- section D.11.d. 16. Manufacturing, assembly or processing: All activities involving the manufactur- ing, assembly or processing of goods shall be within completely enclosed buildings with permanent outside walls. 17. Parking lot or parking garage, commer- cial: a. Principal use: Parking spaces may be rented for daily parking only. Any other businesses of any kind shall not be conducted on the lot, includ- ing repair service, display, or storage of other goods, except mobile emer- gency services and detailing. b. Location: A commercial parking lot shall not be located on a parcel ad- jacent to residential land uses. C. Storage: Storage of vehicles and trail- ers shall be permitted if screened from public view by a permanent opaque wall or fence. 18. Residential substance abuse treatment. a. No residential substance abuse treat- ment establishment may be located within one thousand (1,000) feet of any other residential substance abuse treatment establishment. The sepa- ration distance shall be measured Supp. No. 62 2522 from the closest property line of each residential substance abuse treat- ment center establishment. b. The maximum number of beds al- lowed in a residential substance abuse treatment facility shall be deter- mined by multiplying the gross acre- age of the site by forty-seven and twenty -eight -hundredths (47.28) beds per acre. 19. Restaurant, fast food: a. Fast-food restaurants shall be lo- cated at the intersection of two (2) public access roads. b. Drive through facilities, including queuing and by-pass lanes that run parallel and are visible from adja- cent streets, shall provide additional landscaping to mitigate views of the vehicular use areas. C. Required parking spaces shall not be separated from the restaurant main entrance by a distance of more than one hundred fifty (150) feet. d. Cross -access shall be provided to all abutting parcels that have a non- residential zoning classification. A cross -access easement shall be re- corded prior to issuance of a building permit. 20. Security or caretaker dwelling: a. Number: One (1) security or care- taker dwelling shall be permitted as an accessory use on the same lot as a principal use permitted per subsec- tion C. b. Occupancy: A security or caretaker quarters shall be for the exclusive use of the site on which it is located and shall be occupied only by the custodian, caretaker, or owner of the principal use and his or her immedi- ate family. APPENDIX C—ZONING C. Maximum size: The maximum size of a security or caretaker dwelling shall be not more than eight hun- dred (800) square feet. 21. Self-service storage, limited access: a. Exterior service doors: All exterior service doors must not be visible from any public street or adjacent property. b. Maximum height: Buildings shall be a maximum of two (2) stories in height. C. Blank walls: No blank walls shall be permitted facing the front yard. d. Minimum separation: A minimum of one thousand (1,000) feet separation shall be required between limited access storage facilities. The separa- tion distance shall be measured from the closest property line of each self- service storage facility. 22. Veterinary clinic: Outdoor runs shall com- ply with the requirements of subsection D.11.d. 23. Warehouse: a. Accessory office: The maximum amount of office space in each ware- house bay shall not exceed thirty (30) percent of the gross floor area of the associated bay. b. Sales: General retail sales are pro- hibited. C. Manufacturing: Manufacturing, as- sembly or processing activities are prohibited in a warehouse. Supp. No. 62 2523 § 45-38 E. Deliveries adjacent to residential land uses. Any establishment that receives deliveries and is located adjacent to residential land uses shall be subject to the following restrictions: 1. Deliveries shall be limited to the hours of 6:00 a.m. to 5:00 p.m. only, Monday through Saturday, and are prohibited on Sunday. 2. Delivery truck engines, including refrig- eration units, shall not be operated be- tween the hours of 5:00 p.m. and 6:00 a.m. F. Well field protection. All permitted and acces- sory uses within the I-1 light industrial district shall be subject to the provisions of Article 14.B Wellfield Protection of the Palm Beach County Unified Land Development Code, as amended. G. Building site area regulations. In the I-1 district, each lot or parcel of land shall comply with the following standards: 1. Minimum site area: One (1) acre. 2. Minimum lot width: One hundred (100) feet. 3. Minimum Lot Depth: Two hundred (200) feet. 4. Minimum front setback: Forty (40) feet. 5. Minimum Rear Setback: Twenty (20) feet. 6. Side Interior Setback: Fifteen (15) feet. 7. Side Corner Setback: Twenty-five (25) feet. 8. Building height: Thirty-five (35) feet. 9. Maximum lot coverage: Forty-five (45) per- cent. 10. Maximum floor -area -ratio: Forty -five -hun- dredths (0.45). H. Property perimeter requirements. The fol- lowing general requirements for the treatment of property perimeters shall apply to the I-1 light industrial district: § 45-38 NORTH PALM BEACH CODE 1. 2. Abutting I-1 properties. When two (2) parcels within an I-1 light industrial zon- ing district abut side and/or rear set- backs, the required landscape material in the abutting side or rear setback of the perimeter buffer may be relocated to the interior landscape area or other perime- ter buffers of the subject property. The relocation of the required landscape ma- terial must be approved by the Planning Commission. Waiver of perimeter requirements. Prop- erty perimeter requirements for proper- ties 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 pur- pose and intent of the I-1 District and where one (1) or more of the following circumstances exists: a. Proximity to railroad tracks; Supp. No. 62 2524 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 shall provide a landscape buffer running parallel with the right-of-way. The landscape buffer shall comply with the following standards: Minimum width. The landscape buffer shall have a minimum width of twenty- five (25) feet, as measured from the ulti- mate right-of-way line, as determined by Palm Beach County. 2. Restrictions. Buildings or structures shall not be erected or reconstructed within this buffer, except for permitted signs, lighting or required public utilities. 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 ca - required pacity required 1. I-1 light industrial dis- Residential district or 15 feet, adjacent to all 1 tree, 12 to 14 feet in trict use common boundaries ex- height, every 25 linear cluding street frontage feet, plus a continuous where a 10 -foot buffer 4 -foot hedge, a 6 -foot is required visually opaque wall, fence or earth berm 2. I-1 light industrial dis- Industrial district or 5 feet, adjacent to all (same as above) except trict use common boundaries ex- 2 -foot to 3 -foot hedge cluding street frontage with no wall where a 10 -foot buffer is required 3. I-1 light industrial dis- Commercial district or 5 feet, adjacent to all (same as above) except trict use common boundaries ex- 2 -foot to 3 -foot hedge cluding street frontage with no wall where a 10 -foot buffer is required 4. I-1 light industrial dis- Public or Conservation 15 feet, adjacent to all 1 tree, 12 to 14 feet in trict and Open Space dis- common boundaries, height, every 25 lineal trict or use excluding street front- feet, plus a continuous age where a 10 -foot buf- 2 -foot to 3 -foot hedge fer is required 1. 2. Abutting I-1 properties. When two (2) parcels within an I-1 light industrial zon- ing district abut side and/or rear set- backs, the required landscape material in the abutting side or rear setback of the perimeter buffer may be relocated to the interior landscape area or other perime- ter buffers of the subject property. The relocation of the required landscape ma- terial must be approved by the Planning Commission. Waiver of perimeter requirements. Prop- erty perimeter requirements for proper- ties 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 pur- pose and intent of the I-1 District and where one (1) or more of the following circumstances exists: a. Proximity to railroad tracks; Supp. No. 62 2524 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 shall provide a landscape buffer running parallel with the right-of-way. The landscape buffer shall comply with the following standards: Minimum width. The landscape buffer shall have a minimum width of twenty- five (25) feet, as measured from the ulti- mate right-of-way line, as determined by Palm Beach County. 2. Restrictions. Buildings or structures shall not be erected or reconstructed within this buffer, except for permitted signs, lighting or required public utilities. APPENDIX C—ZONING principal business. There shall be no outdoor display and sale of merchandise by any person operating or conducting a business which is dif- ferent or distinct from the principal business conducted at such location. a. Outdoor storage may be permitted adja- cent to a structure provided it is located in an area other than a parking area or yard setback area and screened from a street or abutting residentially zoned property by a masonry wall, ornamental fence or dense hedge planting no less than six (6) inches higher than the materials stored. Screening density must be such that items within the screened area will not be visi- ble through such screening. When the outside storage is abutting a residential district, the height of the stored materials shall not exceed seven and one-half (7'12) feet from the grade level. b. Side and rear yard screening will not be required when the abutting property is also within the I-1 District. C. Loose materials such as sand, lumber, cardboard boxes and the like, which are subject to being scattered or blown about the premises by normal weather condi- tions shall not be allowed. Mulch, soil, and aggregate products which are ancil- lary to a nursery may be stored outside provided that a materials management program is approved by the Village. O. Screening. All mechanical, electrical, water meters, exhaust vents, etc., located at ground or roof -mounted shall be entirely screened from pub- lic view utilizing opaque materials (i.e., wood fencing, brick, block, etc.) as screening. Landscap- ing material shall be incorporated in addition to opaque screening on equipment located at ground level. Screening material shall accommodate main- tenance or inspection thereof with the use of appropriate panels, and/or hinged gates. P. Signs. All signs, permanent and temporary, shall be located a minimum of ten (10) feet from the ultimate rights-of-way line of the adjacent street or road, as defined by the Village or Palm Beach County, as appropriate. 1. Permit required. All signs shall require the issuance of a building permit prior to Supp. No. 62 2529 § 45-49 erection and in accordance with the pro- cedures established by the Village for the issuance of building permits. All building permit applications for signage in the I-1 District shall comply with Arti- cle V, Signs and Outdoor Displays of the Village Code. Where distinctions among uses are made in Article V, uses in the I-1 District shall be considered to be commercial uses. Q. Northlake Boulevard Overlay Zone. Any property located within the Northlake Boulevard Overlay Zone and assigned an I-1 light industrial zoning designation shall comply with Section 45- 35.3. (Ord. No. 2015-11, § 4, 6-25-15) Sec. 45-39. Reserved. ARTICLES IV, V. RESERVED* Secs. 45-40-45-48. Reserved. ARTICLE VI. AMENDMENTS—FEES; WAITING PERIODS Sec. 45-49. Applications for rezoning, etc. (1) All applications for rezoning and all appli- cations to amend, supplement, modify or repeal the boundaries, districts, regulations or restric- tions established by this chapter shall be done by application to the planning commission of the village. The application to the planning commis- sion may be made by any property owner or tenant or by a governmental office, department, board or bureau. Such applications shall be filed with the community development department of the village, which shall transmit the same, to- gether with all the plans, specifications, applica- *Editor's note—Ordinance No. 6-77, § 6, adopted April 28, 1977, repealed Art. IV, §§ 45-40-45-43, and Art. V, §§ 45-44-45-48, of App. C, which articles pertained to the zoning board of adjustment and the planning and zoning advisory board, both of which articles derived unchanged from the original zoning ordinance. For provisions concerning the planning commission and the board of adjustment, see Ch. 21, Arts. II and III. § 45-49 NORTH PALM BEACH CODE tion blank and other papers pertaining to the application, to the planning commission. Any such application, except by a governmental agency, must be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget together with a deposit of the estimated cost of the village processing the application. Upon the village determining the actual costs, applicants shall pay the balance, if any, in full of such costs including advertising prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant. (2) All applications to the planning commis- sion concerning rezoning shall be upon forms to be supplied by the community development de- partment. (3) Whenever, after review, investigation and hearing, any application for a change of district classification has been denied, an application for a like change cannot be reinstated for a period of at least one (1) year after said denial. (4) Public notice of all hearings shall be pro- vided as required by section 21-3 of the village Code. (Ord. No. 15-78, § 1, 6-8-78; Ord. No. 06-2001, § 7, 3-22-01; Ord. No. 2009-16, § 7, 11-12-09; Ord. No. 2014-09, § 15, 9-25-14) Editor's note—A copy of the forms to be used are attached to Ord. No. 185-68 as exhibit 1, from which ordinance section 45-49 was derived. Sec. 45-50. Application for variances. (1) All applications for variances to regula- tions or restrictions established by this ordinance shall be done by application to the board of adjustment of the village. The application to the board of adjustment may be made by any prop- erty owner or tenant or by a governmental office, department, board or bureau. Such applications shall be filed with the community development director of the village, who shall transmit the same, together with all the plans, specifications, application blank and other papers pertaining to the application, to the board of adjustment. Any such application, except by a governmental agency, Supp. No. 62 2530 must be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget. (2) All applications to the board of adjustment concerning variances shall be upon forms to be supplied by the community development depart- ment. (3) Public notice of all hearings shall be pro- vided as required by section 21-3 of the village Code. (Ord. No. 6-77, § 4, 4-28-77; Ord. No. 06-2001, § 8, 3-22-01; Ord. No. 2009-16, § 7, 11-12-09; Ord. No. 2014-09, § 15, 9-25-14) Editor's note—A copy of the forms to be used are attached to ordinance No. 186-68, as Exhibit 1, from which ordinance section 45-50 was derived. Secs. 45-51-45-59. Reserved. ARTICLE VII. NONCONFORMING USES OF LAND AND STRUCTURES Sec. 45-60. Intent. (1) Within the districts established by this ordinance, or amendments that may later be adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regu- lated, or restricted under the terms of this ordi- nance or future amendments. (2) It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their continuation. Such uses are declared by this ordinance to be incompatible with permitted uses in the district involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited else- where in the same district. (Ord. No. 12-75, § 1, 9-11-75) Sec. 45-61. Extension and enlargement. (1) A nonconforming use of a structure, a non- conforming use of land, or a nonconforming use of structure and land shall not be extended or en - APPENDIX C—ZONING § 45-63 larged after passage of this ordinance by attach- ment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. (2) To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was law- fully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construc- tion, provided that work shall be diligently car- ried on until completion of the building involved. (Ord. No. 12-75, § 1, 9-11-75) Sec. 45-62. Nonconforming lots of record. (1) In any district in which single-family dwell- ings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amend- ment of this ordinance. Such lot must be in separate ownership and not of continuous front- age with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, pro- vided that yard dimensions and other require- ments not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, or yard requirements shall be obtained only through action of the board of adjustment. (2) If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in angle [single] ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as estab- Supp. No. 62 2531 lished by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements in this ordinance. (Ord. No. 12-75, § 1, 9-11-75) Sec. 45.63. Nonconforming uses of land. Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, and where such use involves no individual struc- ture with a replacement cost exceeding one thou- sand dollars ($1,000.00), such use may be contin- ued, so long as it remains otherwise lawful, subject to the following provisions: (1) No such nonconforming use shall be en- larged or increased, nor extended to oc- cupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; unless such use is changed to a use permitted in the district in which such use is located; (2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amend- ment of this ordinance; (3) If any such nonconforming use of land ceases for any reason for a period of more than ninety (90) consecutive days, any subsequent use of such land shall conform to the regulations specified by this ordi- nance for the district in which such land is located; (4) No additional structure which does not conform to the requirements of this ordi- nance shall be erected in connection with such nonconforming use of land. (Ord. No. 12-75, § 1, 9-11-75) § 45-64 NORTH PALM BEACH CODE Sec. 45-64. Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provi- sions: (1) No such structure may be enlarged or altered in a way which increases its non- conformity, but any structure or portion thereof may be altered to decrease its nonconformity; (2) Should such structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction, as determined by the village engineer or village building offi- cial, it shall not be reconstructed except in conformity with the provisions of this ordinance; (3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. (Ord. No. 12-75, § 1, 9-11-75) Sec. 45-65. Nonconforming uses of struc- tures or of structures and prem- ises in combination. (1) If a lawful use involving individual struc- tures with a replacement cost of one thousand dollars ($1,000.00) or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that wodld not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: (a) No existing structure devoted to a use not permitted by this ordinance. in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in Supp. No. 62 2532 changing the use of the structure to a use permitted in the district in which it is located; (b) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amend- ment of this ordinance, but no such use shall be extended to occupy any land outside such building; (c) Any structure, or structure and land in combination, in or on which a nonconform- ing use is superseded by a permitted use, shall thereafter conform to the regula- tions for the district in which such struc- ture is located, and the nonconforming use may not thereafter be resumed; (d) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three-year period (ex- cept when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located; (e) Where nonconforming use status applies to a structure and premises in combina- tion, removal or destruction of the struc- ture shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at time of destruction. (2) Nonconformities not involving the use of a principal structure, e.g., open storage, building supplies, vehicle, mobile home, implement and machinery storage, signs, billboards, junkyards, commercial animal yards and the like, shall be discontinued within two (2) years of the effective date of this ordinance or amendment. (Ord. No. 12-75, § 1, 9-11-75) APPENDIX C—ZONING Sec. 45-66. Repairs and maintenance. (1) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten (10) percent of the current replacement value of the building, pro- vided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased. (2) Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protect- ing the public safety, upon order of such official. (Ord. No. 12-75, § 1, 9-11-75) Sec. 45-67. Temporary uses. The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of this ordinance unless it complies with the terms of this ordinance. (Ord. No. 12-75, § 1, 9-11-75) Sec. 45-68. Reserved. (Ord. No. 12-75, § 1, 9-11-75) § 45-67 [The next page is 26191 Supp. No. 62 2533 Ord. No. 2014-13 2014-14 2015-03 2015-04 2015-05 2015-07 2015-10 2015-11 2015-12 2015-13 2015-19 2015-20 2015-22 2016-06 CODE COMPARATIVE TABLE Adoption Date Section 12-11-14 2 12-11-14 2 3-12-15 2 4- 9-15 2 4- 9-15 2 14-30(4) 3 4-23-15 2 6-11-15 2 C.2. 3 4 6-25-15 2 3 4 6-25-15 2 7-23-15 2 3 11-12-15 1 11-12-15 2 12-10-15 2 5-12-16 2 2016-07 9- 8-16 2 3 4 5 2017-02 1-12-17 2 2017-03 1-26-17 2 2017-11 8-24-17 2 2017-13 3 9-28-17 2 Supp. No. 66 2895 Section this Code Added Ch. 6, Art. IV, §§ 6 [The next page is 29331 72-6-86 2-4 Added Ch. 17, Art. VIII, §§ 17-81-17-94 Added 19-12 2-159(b) 2-163(a)(1) 14-30(4) App. C, § 45-2 Added App. C, § 45-32 A.9., C.2. App. C, § 45-32 E.7. Added App. C, § 45-32 F.3. App. C, § 45-35.1 II.A.8. App. A, § III App. C, § 45-21(2)b. Added App. C, § 45-38 Ch. 2, Art. III, Div. 5 (Tit.) 2-76(b), (c) Added App. C, § 45-16.2 21-3(a) 5-1 Added 5-18 5-19-5-25 45-36 N. 19-99 Rpld Ch. 24, Art. II, Divs. 1, 2, §§ 24-16-26- 20, 26-28, 26-29 Added Ch. 24, Art. II, §§ 24-16-24-27 Added 18-33 18-35 Added 18-35.1 2-173 2-151(a), (b) Rpld Ch. 29, §§ 29-1- 29-16 Added Ch. 29, §§ 29-1- 29-20 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 Added 6-21 Added Ch. 27, Art. IV, §§ 27-71-27-84 [The next page is 29331 CODEINDEX Supp. No. 66 2937 Section Section AUDITS (Cont'd.) BOATS, DOCKS AND WATERWAYS (Cont'd.) Organization ......................... 2-53 Construction requirements Removal ............................. 2-55 Bulkheads and seawalls Compliance with provisions required 5-69 B Inspection required ................ 5-73 Permit fee ......................... 5-72 BATHING Specifications ..................... 5-71 Diseased persons prohibited from bathing Submission of plans and specifica- in public pools, etc ................. 19-3 tions......................... 5-70 BICYCLES Canals Park regulations ........................ 20-6 Canal crossings.................... 5-60 Subdivisions, required improvements re Compliance with provisions required 5-56 bikeways .......................... 36-29.1 Drainage canals................... 5-59 General requirements .............. 5-57 BILLBOARDS. See: SIGNS AND Navigation canals ................. 5-58 BILLBOARDS Surety bond prerequisite to issuance of building permit in certain BIRDS. See: ANIMALS AND FOWL 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 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......... Bulkheads and Seawalls Procedure in event owner cannot be Definitions ............................. 5-1 found ........................ 5-21 Disturbing other boats.................. 5-6 Reclamation of owner after sale .... 5-24 Exhibition boats exempted from certain Unclaimed vessel to be sold; certifica- restrictions ........................ 5-4 tion of sale ................... 5-22 Flood damage prevention provisions ..... 12.5-1 et seq. Authority of village to board boats violat- See: FLOOD DAMAGE PREVENTION ing chapter ........................ 5-17 Health and sanitation requirements Boat launching area Cleanliness of docks .................. 5-11 Abandoned boats and equipment Observance of village health and conduct Disposition ........................ 5-36 rules ........................... 5-10 Recovery .......................... 5-37 Pollution of waterways ............... 5-13 Designated; use restricted............ 5-33 Refuse disposal ...................... 5-12 Permits required Live aboard boats Boats remaining for more that 24 Living aboard boats restricted ........ 5-15 hours ........................ 5-35 Occupancy of live aboard boats, floating Repairs prohibited ................... 5-34 structure or vessels in village Vehicle/trailer parking in designated waterways ...................... 5-25 areas ........................... 5-35 Marine sanctuaries Violation; penalty .................... 5-38 Designation of waters as marine Bulkhead lines ......................... 7-1 et seq. sanctuaries See: BULKHEAD LINES Area to be regulated ............... 5-101(c) Code enforcement, applicability re ....... 2-173 Areas designated .................. 5-101(b) Supp. No. 66 2937 NORTH PALM BEACH CODE Supp. No. 66 2938 Section Section BOATS, DOCKS AND WATERWAYS (Cont'd.) BUILDINGS (Cont'd.) Construction of provision .......... 5-101(d) Appearance code Definition ......................... 5-101(a) Appeals and review .................. 6-35 Mooring, docking, or beaching of boats on Appearance plan ..................... 6-33 public or private property without Certificate of appropriateness permission ........................ 5-9 Final hearings..................... 6-57 Noise control Follow-up by community develop - Radios or other mechanical sound- ment department ............. 6-60 making devices or instruments in Planning commission vessels, operation of ............. 19-103 Action of ....................... 6-58 Parking Approval by .................... 6-59 Boats and boat trailers; parking on Preliminary consideration.......... 6-56 residential property restricted in Definition ........................... 6-31 R-1 and R-2 residential zoning Intent and purposes .................. 6-32 districts ........................ 18-35 Planning commission, powers and duties Prohibited parking upon right-of-way 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. Housing code ........................ 15-1,15-2 Water skiing ........................... 5-5 Country club........................... 9-1 et seq. Waterways board ....................... 5-102 et seq. See: COUNTRY CLUB BONDS Electrical code .......................... 11-11, 11-12 Administrative code; bonds required of Flood damage prevention ............... 12.5-1 et seq. certain officers .................... 2-42 See: FLOOD DAMAGE PREVENTION Canal construction; surety bond Housing code ........................... 15-1, 15-2 prerequisite to issuance of building Landscaping ........................... 27-31 et seq. permit .......... See: LANDSCAPING Communications services Minimum construction standards Construction bond ................... 29-14 Authority............................ 6-16 Finance director, duties re .............. 2-59(7) Codes adopted ....................... 6-17 Construction board of adjustment and Village manager ........................ 2-117 appeals ......................... 6-18 BRUSH. See: WEEDS AND BRUSH Appointment ...................... 6-18(a) Membership ....................... 6-18(b) BUILDINGS Powers ............................ 6-18(f) Abatement of unsafe or unsanitary build- Appeals ........................ 6-18(f)(1) ings Variances ....................... 6-18(f)(2) Appeal .............................. 6-81 Procedures........................ 6-18(g) Authority to expend funds ............ 6-85 Quorum and voting ................ 6-18(d) Enforcement and right of entry ....... 6-74 Secretary to the board ............. 6-18(e) Hearing ............................. 6-79 Terms............................. 6-18(c) Implementation ...................... 6-80 Technical amendments to the Florida Inspection ............................ 6-75 Building Code, Residential....... 6-21 Lien, imposition of ................... 6-84 Violations and penalty ............... 6-19 Performance of work ................. 6-82 Missiles, throwing ...................... 19-83 Placard posting ...................... 6-78 Obstructing passageway ................ 19-47 Provisions supplemental .............. 6-86 Outdoor displays. See herein: Signs and Purpose and scope ................... 6-72 Outdoor Displays Recovery of costs ..................... 6-83 Park and recreation facilities; erecting Service of notice of violation .......... 6-77 buildings or structures ............. 20-3 Unsafe or unsanitary buildings and Public land, construction on prohibited .. 6-1 structures ...................... 6-73 Signs and outdoors displays............. 6-110 et seq. Violations ........................... 6-76 See: SIGNS AND BILLBOARDS Supp. No. 66 2938 CODE INDEX Section BUILDINGS (Cont'd.) Smoke, dust, odors, liquids, etc.......... 19-9 Spitting in public places prohibited ...... 19-5 Supp. No. 66 . 2938.1 Section CODEINDEX Supp. No. 65 2939 Section BUILDINGS (Cont'd.) Stormwater management; level of finished 17-34.12 floor of structures ................. 21-63 Subdivision regulations ................. 36-1 et seq. See: SUBDIVISIONS (Appendix B) 17-34.8 Swimming pools ........................ 25-1 et seq. See: SWIMMING POOLS 17-34.9 Zoning regulations ...................... 45-1 et seq. See: ZONING (Appendix C) 17-34.4 BULKHEAD LINES 17-34.9 Code enforcement, applicability re ....... 2-173 Established; designated ................. 7-1 Filling operation beyond bulkhead line prohibited ......................... 7-2 Filling permit Application fees ...................... 7-19 Application; issuance ................. 7-18 Expiration date; renewal; revocation .. 7-20 Public hearing prerequisite to 17-16 consideration ................... 7-17 Required ............................ 7-16 Unlawful fill; removal ................... 7-3 BULKHEADS Bulkheads and seawalls, construction requirements re ................... 5-69 et seq. See: BOATS, DOCKS AND WATERWAYS BUSINESS ADVISORY BOARD 17-23 Composition; terms; vacancies Alternate members................... 17-72(d) Composition ......................... 17-72(a) Initial terms ......................... 17-72(b) Subsequent terms .................... 17-72(c) Created ................................ 17-71 Mission; duties ......................... 17-74 Organization ........................... 17-73 BUSINESS REGULATIONS 17-21 Ambulances .........17-50, 17-51 Business advisory board ................ 17-71 et seq. See: BUSINESS ADVISORY BOARD 17-33.1 Businesses located outside village limits 17-26 Application for certificate of regulation 17-34.2 Certificate of business regulation required; basis of one year....... 17-34 Commercial vehicles, marking of...... 17-34.13 Compliance by principal deemed compli- 17-24 ance by agent ................... 17-34.8 Delinquency penalty ................. 17-34.4 Doing business not covered by certificate 17-40 et seq. of regulation .................... 17.34-7 Duplicate certificates of regulation .... 17-34.6 Duration ............................ 17-34.3 False statements Certificate obtained void ab initio .. 17-34.7 Engaging in business without 19-221 certificate of regulation or under certificate issued on .......... 17-34.11 Fee exemptions ...................... 17-34.10 Supp. No. 65 2939 Section BUSINESS REGULATIONS (Cont'd.) Fee schedule ......................... 17-34.12 Half-year .certificate .................. 17-34.3 Issuance of certificate ................ 17-34.3 Noncompliance of principal ........... 17-34.8 Nonprofit enterprise, special permit for 17-34.5 Refund of fee ........................ 17-34.9 Registration required ................. 17-34.1 Renewal ............................. 17-34.4 Suspension or revocation of certificate. 17-34.9 When due and payable ............... 17-34.3 Garage and other sales ................. 17-61 et seq. See: GARAGE AND OTHER SALES Home occupations ...................... 17-3(a) et seq. See: HOME OCCUPATIONS Local business tax Application for business tax receipt ... 17-18 Business tax exemptions ............. 17-31 Business tax imposed; basis of one year 17-16 Business tax receipt renewal; delinquency penalty ............. 17-20 Business tax schedule ................ 17-33 Compliance by principal deemed compli- ance by agent; noncompliance of principal ....................... 17-29 Declaration where fee depends on vari- able factors within applicant's knowledge ....................... 17-23 Doing business not covered by receipt; receipt obtained by false state- ments void ab initio ............. 17-28 Duplicate receipts .................... 17-27 Engaging in business without receipt or under receipt issued on false statements ..................... 17-32 How tax construed as to specified profes- sions ........................... 17-21 Issuance of receipt; duration; half-year receipt; when due and payable ... 17-19 Marking of commercial vehicles ....... 17-33.1 Receipt to be posted or carried ........ 17-26 Special permit for nonprofit enterprise 17-22 Suspension or revocation of receipt; refund of fee .................... 17-30 Transfer of receipts to new location ... 17-25 Transfer of receipts to new owner ..... 17-24 Peddlers and solicitors .................. 17-81 et seq. See: PEDDLERS AND SOLICITORS Simulated gambling devices ............. 17-40 et seq. See: SIMULATED GAMBLING DEVICES Wellfield protection Regulation of business activities with potential to contaminate land and Water resources................. 19-221 Zoning Location of business for retail sales of alcoholic beverages .............. 45-20(2), 45-36.N C-3 Regional Business District ..... 45-34.1(9) NORTH PALM BEACH CODE Section C CABLE TELEVISION. See: TELEVISION CAMPING Recreational vehicles and trailers; park- ing on residential property restricted in R-1 and R-2 residential zoning districts ........................... 18-35.1 Unauthorized lodging and camping ...... 19-11 CANALS Construction requirements .............. 5-56 et seq See: BOATS, DOCKS AND WATERWAYS CATS Regulations enumerated ................ See: ANIMALS AND FOWL CERTIFICATES Appearance code; certificate of appropriate- ness.............................. See: BUILDINGS Boats, docks and waterways; unlawfully anchored or moored vessels Unclaimed vessel to be sold; certifica- tion of sale ..................... Businesses located outside village limits, certificate of business regulations re See: BUSINESS REGULATIONS Emergency medical services ............. Historic site overlay district; certificate of appropriateness ................... CIVIL DISORDERS AND DISTURBANCES. See: EMERGENCY MANAGEMENT 4-24 et seq. 6-56 et seq. 5-22 17-34 et seq. 11.5-21 45-37(H) CLERK Department of records, provisions re vil- lage clerk and deputy village clerk.. 2-67 et seq. See: DOCUMENTS AND PUBLIC RECORDS CLUBS Country club ........................... See: COUNTRY CLUB CODE ENFORCEMENT, ALTERNATE METHOD OF Codes to be enforced by citation ......... Failure to accept citation ................ Form and contents of citation ........... Issuance of citations .................... Provisions additional and supplemental.. Right to hearing; maximum penalty ..... 9-1 et seq. CODE ENFORCEMENT (Cont'd.) Definitions ............................. Enforcement procedure ................. Fines; liens Appeal.............................. Copies of orders imposing fines ....... Determination of amount of fine ...... Duration of lien ...................... Generally ............................ Notices .............................. Reduction of fine ..................... Provisions supplemental ................ Special magistrates Appointment......................... Power and authority ................. Powersof ............................ Qualifications ........................ CODE OF ORDINANCES* Altering Code .......................... Amendments ........................... Catchlines ............................. Court cost Assessment of additional court costs for criminal justice education expenditures .................... Definitions and rules of construction.... . Designated and cited ................... References to chapters or sections ....... Repeal of ordinances, effect of ........... Severability of parts .................... Village clerk, duties re recording ordinances Village logo ............................ Violations, penalty and prosecution costs. COIN-OPERATED AMUSEMENTS Proximity to schools restricted .......... COMBAT AUTO THEFT (CAT) Establishment, regulations .............. COMMITTEES, COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF VILLAGE CODE ENFORCEMENT Actions for money judgments Limitation ........................... 2-182 Alarm regulations, enforcement re....... 19-217 Applicability ........................... 2-173 Conduct of hearing ..................... 2-176 Declaration of legislative intent ......... 2-171 Supp. No. 65 2940 Section 2-172 2-175 2-180 2-178(d) 2-178(b) 2-179 2-178(a) 2-181 2-178(c) 2-183 2-174(a) 2-174(b) 2-177 2-174(c) 1-7 1-6 1-3 1-9 1-2 1-1 1-3 1-4 1-5 2-67(3) 1-10 1-8 19-4 18-19 29-1 et seq. 26-51 et seq. 29-8 29-11 29-9 *Note—The adoption, amendment, repeal, omissions, effec- tive date, explanation of numbering system and other mat- ters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. COMMUNICATIONS Communcations services ................ See: COMMUNICATIONS SERVICES 2-253 Telecommunications service tax ......... 2-255 See: TAXATION 2-252 2-251 COMMUNICATIONS SERVICES 2-256 Appeals ................................ 2-254 Compliance with other laws; police power Conditional use of public rights-of-way... CODE ENFORCEMENT Actions for money judgments Limitation ........................... 2-182 Alarm regulations, enforcement re....... 19-217 Applicability ........................... 2-173 Conduct of hearing ..................... 2-176 Declaration of legislative intent ......... 2-171 Supp. No. 65 2940 Section 2-172 2-175 2-180 2-178(d) 2-178(b) 2-179 2-178(a) 2-181 2-178(c) 2-183 2-174(a) 2-174(b) 2-177 2-174(c) 1-7 1-6 1-3 1-9 1-2 1-1 1-3 1-4 1-5 2-67(3) 1-10 1-8 19-4 18-19 29-1 et seq. 26-51 et seq. 29-8 29-11 29-9 *Note—The adoption, amendment, repeal, omissions, effec- tive date, explanation of numbering system and other mat- ters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. CODEINDEX COMMUNITY DEVELOPMENT DEPART- Section COMMUNICATIONS SERVICES (Cont'd.) Construction bond ...................... 29-14 Definitions ............................. 29-3 Enforcement remedies .................. 29-16 Force majeure .......................... 29-17 Insurance; surety; indemnification....... 29-13 Intent and purpose ..................... 29-2 Involuntary termination of registration .. 29-10 No liability or warranty ................. 29-19 Pass-through provider fees and charges .. 29-20 Placement or maintenance of a communica- 2-112(3) tions facility or a wireless communica- 17-71 et seq. tions facility in public rights-of-way 29-6 Registration ............................ 29-4 Reservation of rights ................... 29-18 Security fund ........................... 29-15 Suspension or denial of permits ......... 29-7 Telecommunications service tax ......... 26-51 et seq. See: TAXATION Title ................................... 29-1 Transfer of control; sale or assignment... 29-12 Underground installation; damage to vil- 2-81 et seq. lage facilities; emergencies; abandon- ment.............................. 29-5 COMMUNITY DEVELOPMENT DEPART- MENT Buildings 18-19 Appearance code Certificate of appropriateness Follow-up by community develop- 2-39 et seq. ment department .......... 6-60 Director's duties ........................ 2-111 Divisions Code compliance ..................... 2-112(2) Permits and inspections .............. 2-112(1) Planning ............................ 2-112(3) COMPUTATION OF TIME 17-71 et seq. Definitions and rules of construction..... 1-2 CONCURRENCY MANAGEMENT 2-171 et seq. Provisions enumerated .................. 21-41 et seq. See: PLANNING AND DEVELOPMENT COUNCIL. See: VILLAGE COUNCIL COUNTRY CLUB 2-59 Finances Delinquent accounts; penalties........ 9-32 Golf advisory board ..................... 9-16 et seq. See: GOLF ADVISORY BOARD 2-81 et seq. Premises Disfiguration and/or removal of build- 2-151 et seq. ing or other property............ 9-1(1) Enforcement ......................... 9-2 Hours ............................... 9-1(2) Signs................................ 9-2 Violations and penalties .............. 9-2 COUNTY Definitions and rules of construction..... 1-2 Supp. No. 65 2941 Section COURTS Court cost Assessment of additional court costs for criminal justice education expenditures .................... 1-9 D DECALS Combat Auto Theft (CAT) ............... 18-19 DEPARTMENTS AND OTHER AGENCIES OF VILLAGE Administrative code .:.................. 2-39 et seq. See: ADMINISTRATIVE CODE Appearance board. See: APPEARANCE PLAN (Appendix A) Audit committee ........................ 2-56 et seq. See: AUDITS Boards and committees ................. 2-1 Business advisory board ................ 17-71 et seq. See: BUSINESS ADVISORY BOARD Code enforcement ...................... 2-171 et seq. Community development department .... 2-111 et seq. See: COMMUNITY DEVELOPMENT DEPARTMENT Finance, department of ................. 2-59 See: FINANCES Fire and police retirement board of trustees 2-164 et seq. See: PENSIONS AND RETIREMENT Fire rescue department ................. 2-81 et seq. See: FIRE RESCUE DEPARTMENT General employees retirement board...... 2-151 et seq. See: PENSIONS AND RETIREMENT Golf advisory board ..................... 9-16 et seq. See: GOLF ADVISORY BOARD Law enforcement, department of (police department)............ ........ 2-75,2-76 See: LAW ENFORCEMENT, DEPART- MENT OF (POLICE DEPART- MENT) Library board .......................... 16-16 et seq. Library, department of .................. 2-93 Meetings of boards and commissions; adjournment of .................... 2-3 Meetings of specific boards, etc. See specific subjects Planning and development board of adjust- ment .............................. 21-21 Planning commission ................... 21-11, 21-12 Public works, department of ............. 2-84,2-85 See: PUBLIC WORKS DEPARTMENT Records, department of ................. 2-67 et seq. See: DOCUMENT AND PUBLIC RECORDS Recreation department .................. 2-110 Recreation advisory board............ 20-61 et seq. See: PARKS, PLAYGROUNDS AND RECREATION Reserve police force ..................... 23-42 et seq: See: POLICE NORTH PALM BEACH CODE DOGS Regulations enumerated ................ Section DEPARTMENTS AND OTHER AGENCIES 8-2 OF VILLAGE (Cont'd.) 10-6 Village council .......................... 2-16 et seq. Waterways board ....................... 5-102 et seq: DEVELOPMENTS. See: PLANNING AND 8-21 DEVELOPMENT 36-22(b) DISABLED AND HANDICAPPED PERSONS 8-1 Applicability of dog prohibitions to guide 45-34.1(8) and service dogs.. ................. 4-27(d) Parking violations re handicap spaces ... 18-37 DISTRICTS 10-1 Zoning regulations ...................... 45-16 et seq. See: ZONING (Appendix C) 10-7 DISTURBANCES. See: CIVIL DISORDERS AND DISTURBANCES 2-67(5) DOCKS. See: BOATS, DOCKS AND 10-5 WATERWAYS 10-6 DOCUMENTS AND PUBLIC RECORDS 5-93 et seq. Department of records 11-12 Deputy village clerk 2-173 Appointment ...................... 2-68 Duties ............................ 2-69 Village clerk; duties 29-5 Election records, keeping........... 2-67(5) Expiration of term, notice of........ 2-67(7) Official seal, keeping .............. 2-67(8) Record ordinances ................. 2-67(3) Village council 11.5-23 Keep records of council .......... 2-67(2) Public council action ............ 2-67(4) Serve as clerk of council ......... 2-67(1) Vital statistics, keeping ............ 2-67(6) Village clerk and deputy village clerk. See 19-200 et seq. herein: Department of Records DOGS Regulations enumerated ................ 4-24 et seq. See: ANIMALS AND FOWL 8-2 DRAINAGE 10-6 Stormwater management ............... 21-61 et seq. See: STORMWATER MANAGEMENT 10-3 Subdivision design standards re ease- 8-21 ments and rights-of-way ........... 36-22(b) Zoning; surface water management 8-1 C-3 Regional Business District........ 45-34.1(8) DROUGHT 10-2 Water shortage emergencies ............. 19-200 et seq. See: WATER SHORTAGE EMERGEN- 10-1 CIES 8-6 E 10-7 ELECTIONS Candidacy 2-67(5) Candidates for office; qualifying....... 10-5 Preservation of notice of candidacy.... 10-6 Supp. No. 65 2942 EMERGENCY MANAGEMENT Section ELECTIONS (Cont'd.) 8-2 Conduct of elections .................... 10-6 Early voting ............................ 10-7 General elections, notice of .............. 10-3 Polling locations 8-21 Designated .......................... 10-76 Special elections 8-1 Notice of ............................ 10-4 When held ........................... 10-2 State laws 8-31 Applicable state laws adopted......... 10-1 Voting machines may be used; state law 8-6 applicable ...................... 10-7 Village clerk, duties re keeping election records ............................ 2-67(5) Voting machines may be used; state law applicable ......................... 10-7 ELECTRICAL CODE 5-93 et seq. Amendments, corrections, additions ..... 11-12 Code enforcement, applicability re ....... 2-173 EMERGENCIES Ambulances ............................ 17-50, 17-51 Communcations services ................ 29-5 Emergency management ................ 8-1 et seq. See: EMERGENCY MANAGEMENT Emergency medical services Fees Billing and collection .............. 11.5-23 Establishment ..................... 11.5-22 Generally ............................ 11.5-21 Fire rescue department ................. 2-81 et seq. See: FIRE RESCUE DEPARTMENT Water shortage emergencies ............. 19-200 et seq. See: WATER SHORTAGE EMERGEN- CIES EMERGENCY MANAGEMENT Applicability ....... .:.... ' ' .... ' ' ' 8-2 Civil disorders and disturbances Declaration of a state of emergency ... 8-22 Mayor designated local authority for preservation of public peace ..... 8-21 Declaration of a state of emergency...... 8-5 Definitions ............................. 8-1 Emergency management structure....... 8-3 Exempt employee emergency duty Compensation ....................... 8-31 Powers, duties and responsibilities ...... 8-4 Termination of a state of emergency ..... 8-6 EMPLOYEES. See: OFFICERS AND EMPLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES EROSION CONTROL STRUCTURES Construction regulations ................ 5-93 et seq. See: BOATS, DOCKS AND WATERWAYS CODE INDEX Supp. No. 66 2943 Section Section EXCAVATIONS FINANCES (Cont'd.) Bulkhead lines ......................... 7-1 et seq. Emergency management See: BULKHEAD LINES Exempt employee emergency duty Stormwater management ............... 21-61 et seq. Compensation ..................... 8-31 See: STORMWATER MANAGEMENT Investment policy of the village ......... 2-4 Pensions and retirement. See also that EXCRETA subject Dog waste, removal provisions re ........ 4-31,4-32 Length of service award plan for volunteer firefighters............ 2-170 et seq. F Pension and certain other benefits for fire and police employees ........ 2-159 et seq. FENCES, WALLS, HEDGES AND Pension and certain other benefits for ENCLOSURES general employees .............. 2-146 et seq. Landscaping p' g ........................... 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 se q. FERTILIZER -FRIENDLY USE ORDINANCE See: SOCIAL SECURITY Applicability ........................... 27-75 Taxation. See that subject Definitions ............................. 27-72 Village manager........................ 2-118 Enforcement; penalties; appeals ......... 27-84 Appeals ............................. 27-84(d) FINES, FORFEITURES AND OTHER Enforcement ......................... 27-84(a) PENALTIESFORFEFORFE Disposition of penalty funds .......... 27-84(c) Code enforcement; fines and liens ....... 2-178 Penalties ............................ 27-84(b) Code of ordinances, provisions re general Exemptions ............................ 27-81 penalty, continuing violations, and Fertilizer prosecution costs .................. 1-8 Application practices ................. 27-79 Parking violation....................... 18-37, 18-38 Content and application rates......... 27-78 Pension and certain other benefits for fire Free zones ........................... 27-77 and police employees Findings ............................... 27-73 Board of trustees for; forfeiture of Licensing of commercial applicators ..... 27-83 membership on board for absentee - Management of grass clippings and vegeta- ism ............................. 2-164(b) tive matter ........................ 27-80 Contributions; forfeitures ............. 2-163(d) Purpose and intent ..................... 27-74 Timing of fertilizer application .......... 27-76 FIRE PREVENTION AND PROTECTION Title ................................... 27-71 Barbecue grills and similar cooking devices 19-10 Training ............................... 27-82 Code enforcement, applicability re ....... 2-173 Fire rescue department ................. 2-81 et seq. FINANCES See: FIRE RESCUE DEPARTMENT Budget procedures ...................... 2-2 Florida fire prevention code Country club Adopted by reference ................. 12-16 Delinquent accounts; penalties........ 9-32 Annual fire inspection and establish - Court cost ment of fee schedule ............ 12-17 Assessment of additional court costs for Review of construction plans and fire criminal justice education suppression, detection and alarm expenditures .................... 1-9 systems and establishment of fee Department of finance schedule ........................ 12-18 Finance director; duties Hazardous substances, cost recovery for Accounts of receipts and expenditures 2-59(8) cleanup, abatement and removal of Budget duties ..................... 2-59(2) Authority of public safety fire rescue Cancellation of evidences of old debt 2-59(9) department ..................... 12-102 Collect moneys and fees due village. 2-59(12) Cost reimbursement to village ........ 12-103 Examine books .................... 2-59(6) Definitions .......................... 12-101 Financial statements .............. 2-59(3) Exceptions for fire suppression services 12-105 Fiscal supervision over officers ..... 2-59(5) Late fee for failure to reimbursement . 12-106 Keep accounts ..................... 2-59(4) Records.............................. 12-104 Pay village employees .............. 2-59(11) Remedies............................ 12-107 Prescribe form ..................... 2-59(1) Pension and certain other benefits for fire Receive and disburse moneys....... 2-59(10) and police employees .............. 2-159 et seq. Responsibility for proceeds of bonds 2-59(7) See: PENSIONS AND RETIREMENT Supp. No. 66 2943 NORTH PALM BEACH CODE Section FIRE PREVENTION AND PROTECTION (Cont'd.) Volunteer firefighters, length of service award plan for .................... 2-170 et seq. See: PENSIONS AND RETIREMENT FIRE RESCUE DEPARTMENT Composition ............................ Emergency medical services ............. See: EMERGENCIES Fire chiefs duties ....................... Functions.............................. Disaster response .................... Emergency medical services .......... Fire fighting ......................... Fire prevention ...................... Maintain equipment ................. Report losses ........................ Interference with police and fire rescue department telephone trunk lines prohibited ......................... FIREARMS AND WEAPONS Concealed weapons, carrying............ Forfeiture; disposition ................... Possession ............................. Sales restricted Record of sales required .............. Specified weapons, display and sale of. Switchblade knives prohibited ........ Stench bombs prohibited ................ See: STENCH BOMBS FLOOD DAMAGE PREVENTION Administration General provisions ................... Coordination with the Florida Build- ing Code ..................... Disclaimer of liability .............. Intent............................. Scope............................. Title.............................. Warning .......................... Applicability ......................... Abrogation and greater restrictions. Areas to which chapter applies ..... Basis for establishing flood hazard areas ........................ General........................... Interpretation ..................... Other laws ........................ Submission of additional data to establish flood hazard areas... Duties and powers of the floodplain administrator ................... Applications and permits.......... . Designation ....................... Floodplain management records .... General ........................... Inspections ........................ 2-83 11.5-21 et seq. 2-81 2-82 2-82(6) 2-82(5) 2-82(3) 2-82(4) 2-82(2) 2-82(1) 19-215 19-184 19-186 19-183 19-185(c) 19-185(b) 19-185(a) 19-82 12.5-1 12.5-1(d) 12.5-1(f) 12.5-1(c) 12.5-1(b) 12.5-1(a) 12.5-1(e) 12.5-2 12.5-2(f) 12.5-2(b) 12.5-2(c) 12.5-2(a) 12.5-2(g) 12.5-2(e) 12.5-2(d) 12.5-3 12.5-3(c) 12.5-3(a) 12.5-3(i) 12.5-3(b) 12.5-3(g) Supp. No. 66 2944 FLOOD DAMAGE PREVENTION (Cont'd.) Modifications of the strict applica- tion of the requirements of the Florida Building Code ........ Notices and orders ................. Other duties of the Floodplain Administrator ................ Substantial improvement and substantial damage determina- tions ......................... Inspections.......................... Buildings, structures and facilities exempt from the Florida Build- ing Code ..................... Final inspection ................. Lowest floor inspection .......... Development other than buildings and structures ................ General ........................... Manufactured homes .............. Permits .............................. Application for a permit or approval.. . Buildings, structures and facilities exempt from the Florida Build- ing Code ..................... Expiration ........................ Floodplain development permits or approvals .................... Other permits required ............ Permits required .................. Suspension or revocation........... Validity of permit or approval ...... Site plans and construction documents Additional analyses and certifica- tions......................... Information for development in flood hazard areas ................. Information in flood hazard areas without base flood elevations.. Submission of additional data ...... Variances and appeals ................ Appeals........................... Conditions for issuance of variances Considerations for issuance of vari- ances ........................ Functionally dependent uses ....... General ........................... Historic buildings ................. Limitations on authority to grant variances .................... Restrictions in floodways........... Violations ........................... Authority ......................... Penalties for noncompliance........ Unlawful continuance .............. Violations ......................... Definitions General ............................. Definitions ........................ Scope............................. Section 12.5-3(e) 12.5-3(f) 12.5-3(h) 12.5-3(d) 12.5-6 12.5-5(c) 12.5-5(e) 12.5-5(d) 12.5-5(b) 12.5-5(a) 12.5-5(f) 12.5-4 12.5-4(d) 12.5-4(c) 12.5-4(f) 12.5-4(b) 12.5-4(h) 12.5-4(a) 12.5-4(g) 12.5-4(e) 12.5-5 12.5-5(c) 12.5-5(a) 12.5-5(b) 12.5-5(d) 12.5-7 12.5-7(b) 12.5-7(h) 12.5-7(g) 12.5-7(f) 12.5-7(a) 12.5-7(e) 12.5-7(c) 12.5-7(d) 12.5-8 12.5-8(b) 12.5-8(d) 12.5-8(c) 12.5-8(a) 12.5-21 12.5-21(d) 12.5-21(a) CODEINDEX Section Section FLOOD DAMAGE PREVENTION (Cont'd.) FLOOD DAMAGE PREVENTION (Cont'd.) Terms Tank inlets and vents .............. 12.5-35(d) Defined in the Florida Building Underground tanks ................ 12.5-35(a) Code ...................... 12.5-21(b) Not defined ..................... 12.5-21(c) • FLORIDA, STATE OF. See: STATE Flood resistant development FOLLOWING, PRECEDING Buildings and structures ............. 12.5-31 Definitions and rules of construction..... 1-2 Buildings and structures seaward of the coastal construction control FOOD AND FOOD PREPARATION line .......................... 12.5-31(b) Barbecue grills and similar cooking devices 19-10 Critical facilities ................... 12.5-31(c) Design and construction of build- FORFEITURES. See: FINES, ings, structures and facilities FORFEITURES AND OTHER PENAL - exempt from the Florida Build- TIES ing Code ..................... 12.5-31(a) FOWL. See: ANIMALS AND FOWL Manufactured homes ................. 12.5-34 Anchoring ......................... 12.5-34(c) FRANCHISES Elevation ......................... 12.5-34(d) Enumerated. See Appendix D General requirement ............ 12.5-34(e) Use of rights-of-way for utilities ......... 28-1 et seq. Requirement for certain existing See: UTILITIES manufactured home parks and subdivisions ........... 12.5-34(f) G Enclosures ........................ 12.5-34(g) Foundations ....................... 12.5-34(b) GAMBLING General ........................... 12.5-34(a) Animals, causing to fight................ 4-8 Utility equipment ................. 12.5-34(h) Simulated gambling devices............. 17-40 et seq. Other development ................... 12.5-37 See: SIMULATED GAMBLING Concrete slab uses in coastal high DEVICES hazard areas ................. 12.5-37(e) Decks and patios in coastal high GARAGE AND OTHER SALES hazard areas ................. 12.5-37(f) Garage sales ........................... 17-61 Fences in regulated floodways...... 12.5-37(b) Permit required ........................ 17-62 General requirements for other Violations and penalties ................ 17-63 development ................. 12.5-37(a) Nonstructural fill in coastal high GARBAGE AND TRASH hazard areas ................. 12.5-37(h) Abatement of public nuisances on private Other development in coastal high property .......................... 14-79 et seq. hazard areas ................. 12.5-37(g) See: NUISANCES Retaining walls, sidewalks and Boats; refuse disposal................... 5-12 driveways in regulated flood- Garbage collection and disposal ways ......................... 12.5-37(c) Charges Roads and watercourse crossings in Commercial use property waste regulated floodways........... 12.5-37(d) disposal fees and collection Recreational vehicles and park trailers 12.5-35 procedures ................... 14-30 Permanent placement .............. 12.5-35)b) Fee for excess amounts from com- Temporary placement .............. 12.5-35(a) mercial establishments ....... 14-28 Site improvements, utilities and limita- Generally ......................... 14-27 tions ........................... 12.5-33 When and where paid.............. 14-29 Limitations on Definition ........................... 14-23 Placement of fill ................ 12.5-33(e) Frequency of collection ............... 14-26 Sites in coastal high hazard areas 12.5-33(f) Garbage cans Sites in regulatory floodways .... 12.5-33(d) Kept covered...... ................ 14-25 Minimum requirements............ 12.5-33(a) Required .......................... 14-24 Subdivisions ......................... 12.5-32 Landscaping; refuse container areas..... 27-41 Minimum requirements............ 12.5-32(a) Public works department Subdivision plats .................. 12.5-32(b) Refuse disposal division .............. 2-85(2) Tanks ............................... 12.5-36 GATHERINGS. See: ASSEMBLIES Above -ground tanks Elevated ........................ 12.5-35(c) GENDER Not elevated .................... 12.5-35(b) Definitions and rules of construction..... 1-2 Supp. No. 66 2945 GOLF ADVISORY BOARD Composition and terms ................. Composition ......................... Officers .............................. Terms ............................... Creation ............................... Duties................................. Meetings ............................... GUNS. See: FIREARMS AND WEAPONS H HANDBILLS Distribution restricted .................. HANDGUNS. See: FIREARMS AND WEAPONS HANDICAPPED PERSONS. See: DISABLED AND HANDICAPPED PERSONS NORTH PALM BEACH CODE Section HOME OCCUPATIONS (Cont'd.) 9-17 Home occupation provisions 9-17(a) Affidavit of applicant required..... . 9-17(c) Appeals ........................... 9-17(b) Requirement of business tax receipt 9-16 Permitted uses, home occupations as .... 9-19 Repeal of ordinances .................... 9-18 Standards .............................. Violation of standards or conditions deemed a Code violation ................... HOUSING Abandoned real property ................ See: PROPERTY 19-7 Boats, docks and waterways Live aboard boats .................... HOUSING CODE Adopted by reference ................... Amendments ........................... Code enforcement, applicability re ....... HAZARDOUS SUBSTANCES Recovery of costs for cleanup, abatement and removal ....................... 12-101 et seq. See: FIRE PREVENTION AND PROTECTION HEALTH AND SANITATION Abatement of public nuisances on private property .......................... See: NUISANCES Animals and fowl, provisions re ......... See: ANIMALS AND FOWL Bathing regulations Diseased persons prohibited from bath- ing in public pool, etc........... . Boats, docks, etc., provisions re.......... See: BOATS, DOCKS AND WATERWAYS Code enforcement, applicability re ....... Garbage and trash ...................... See: GARBAGE AND TRASH Park and recreation facilities; failure to cooperate in keeping restrooms neat or sanitary ........................ Rabies control .......................... See: ANIMALS AND FOWL HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HITCHHIKING Prohibitions ............................ HOME OCCUPATIONS Customer service requirements and performance standards ............. Definitions ............................. Effective date .......................... Local business tax. See also that subject Generally ............................ Supp. No. 66 14-79 et seq. 4-11 et seq. 19-3 5-10 et seq. 2-173 14-23 et seq. 20-2 4-42 et seq. 19-6 17-2 17-3(b) 17-3(i) 17-16 et seq. 2946 I IMPERSONATION Impersonating police officer; fireman or other village official ............... IMPOUNDMENT Boats, docks and waterways; unlawfully anchored or moored vessels Department of law enforcement to impound ........................ Owner to be notified upon impound- ment........................... Dogs and cats .......................... INDECENCY AND OBSCENITY Adult entertainment establishments Zoning regulations re. See: ZONING (Appendix C) Alcoholic beverage establishments; nudity, partial nudity, sexual conduct prohibited ......................... Topless costumes ....................... Vulgar language ........................ Window peeping ........................ INSURANCE EXCISE TAXES Casualty insurance premiums ........... Property insurance premiums ........... INTRACOASTAL WATERWAY Marine sanctuary, designation as........ INVESTMENTS Investment policy of the village ......... B1 JOINT AUTHORITY Definitions and rules of construction.... . Section 17-3(e) 17-3(g) 17-3(c) 17-3(a) 17-3(h) 17-3(d) 17-3(f) 15-11 et seq. 5-15,5-25 15-1 15-2 2-173 19-8 5-19 5-20, 5-21 4-30 3-4 19-64 19-65 19-66 26-16 26-17 5-101 2-4 1-2 C CODEINDEX Supp. No. 66 2946.1 Section Section K LANDSCAPING (Cont'd.) 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 LAKE WORTH Refuse container areas .................. 27-41 Marine sanctuary, designation as........ 5-101 Scope; applicability ..................... 27-34 Regulations governing construction of Zoning ordinance, conflict with.......... 27-39 docks, piers in Lake Worth and LAW ENFORCEMENT, DEPARTMENT OF Atlantic Ocean .................... 5-85 (POLICE DEPARTMENT) LAND Boats, docks and waterways; unlawfully Buildings; construction on public land anchored or moored vessels prohibited......................... 6-1 Department of law enforcement to Planning and development .............. 21-01 et seq. impound........................ 5-19 See: PLANNING AND DEVELOPMENT Chief of police's duties .................. 2-75 Subdivision regulations ................. 36-1 et seq. Composition............................ 2-76 See: SUBDIVISIONS (Appendix B) Generally ............................ 2-76(a) Operations division .................. 2-76(b) LANDSCAPING Operations support division........... 2-76(c) Accessways ............................. 27-36 Appearance plan (Appendix A). See that LIBRARY subject Damaging property unlawful ............ 16-1 Application of provisions; enforcement ... 27-33 Department of library Certain yard areas, off-street parking and Librarian ............................ 2-93 other vehicular use areas Library board Existing plant material ............... 27-67 Appointment......................... 16-17 Installation .......................... 27-60 Compensation, service without........ 16-20 Maintenance ......................... 27-61 Composition ......................... 16-17 Parking area interior landscaping..... 27-65 Established .......................... 16-16 Perimeter landscaping relating to abut- Meetings ............................ 16-23 ting properties .................. 27-64 Organization......................... 16-21 Plant material Powers and duties .................... 16-22 Ground covers ..................... 27-62(e) Qualifications........................ 16-19 Lawn grass ....................... 27-62(f) Removal from office .................. 16-24 Quality ........................... 27-62(a) Term of office........................ 16-17 Shrubs and hedges ................ 27-62(c) Vacancies............................ 16-18 Tree species ....................... 27-62(b) Vines ............................. 27-62(d) LICENSES AND PERMITS Required landscaping adjacent to public Alarm permit .......................... 19-208 et seq. rights-of-way ................... 27-63 See: ALARMS Scope, applicability ................... 27-59 Boat launching area permits ............ 5-34 Sight distance adjacent to public rights- Bulkhead lines; filling permit ........... 7-16 et seq. of -way and points of access ...... 27-66 See: BULKHEAD LINES Certificate of completion ................ 27-35 Bulkheads and seawalls................. 5-72 Code enforcement, applicability re ....... 2-173 Code enforcement, applicability re ....... 2-173 Completed landscaping required for Communications services certificate of use and occupancy .... 27-37 Suspension or denial of permits....... 29-7 Definitions ............................. 27-31 Community development department Fertilizer use ............................ 27-71 et seq. Permits and inspections.............. 2-112(l) See: FERTILIZER -FRIENDLY USE Driveways. See herein: Sidewalk and ORDINANCE Driveway Permits Improved nonresidential properties in Emergency medical services ............. 11.5-21 existence on September 23, 1971 Flood damage prevention development Applicable requirements .............. 27-40(b) permit............................ 12.5-22 Exceptions ........................... 27-40(c) Garage, related sales ................... 17-62 Objectives ........................... 27-40(a) Home occupations. See also that subject Planning commission, submission of Generally ............................ 17-16 et seq. plans to ........................ 27-40(d) Business tax receipt for home occupa- Objectives.............................. 27-32 tions......................... 17-3(c) et seq. Supp. No. 66 2946.1 LICENSES AND PERMITS (Cont'd.) Park and recreation facilities; meeting and gathering permits ............. See: PARKS, PLAYGROUNDS AND RECREATION Peddlers and solicitors permit ........... See: PEDDLERS AND SOLICITORS Seawalls. See herein: Bulkheads and Seawalls Sidewalk and driveway permits ......... See: STREETS, SIDEWALKS AND PUBLIC PLACES Street excavation permits ............... Swimming pool permits ................. Utilities Use of rights-of-way for utilities; writ- ten permit ...................... NORTH PALM BEACH CODE Section 20-31 et seq. 17-83 et seq. 24-55 et seq. 24-28, 24-29 25-3 28-2,28-3 LOCAL BUSINESS TAX Regulations enumerated ................ 17-16 et seq. See: BUSINESS REGULATIONS LODGING Unauthorized lodging and camping ...... 19-11 LOGO Villagelogo ............................ 1-10 Supp. No. 66 2946.2 Section CODEINDEX Section LOTS Subdivision design standards............ 36-18 Zoning regulations ...................... 45-1 et seq. See: ZONING (Appendix C) M Section MANAGER. See: VILLAGE MANAGER 18-35 MANGROVE STANDS 18-33 Flood damage prevention provisions ..... 12.5-45 MAPS. See: SURVEYS, MAPS AND PLATS 19-104 MARINE SANCTUARIES 19-101 Designated ............................. 5-101 MAY, SHALL 18-35.1 Definitions and rules of construction..... 1-2 MAYOR 19-100 Civil disorders and disturbances Mayor designated local authority for preservation of public peace ..... 8-21 Village council; presiding officer at meet- ings ............................... 2-18 MEASURES. See: WEIGHTS AND 18-38 MEASURES 15-11 et seq. MEDICAL SERVICES Emergency medical services ............. 11.5-21 et seq. See: EMERGENCIES 18-18 MEETINGS. See: ASSEMBLIES 14-82 MISSILES, STONES, ETC. Throwing missiles......... ............. 19-83 MONTH 14-79 Definitions and rules of construction..... 1-2 MONUMENTS 14-81 Subdivisions, required improvements re 36-27 MOTOR VEHICLES AND TRAFFIC 14-80 Ambulances ............................ 17-50,17-51 Businesses located outside village limits; marking of commercial vehicles .... 17-34.13 Combat Auto Theft (CAT) ............... 18-19 Discarded vehicles, etc.) 19-12 Abatement of public nuisances on private 4-42 property ........................ 14-79 et seq. See: NUISANCES 1-2 Hitchhiking prohibited .................. 19-6 Local business tax; marking of com- mercial vehicles ................... 17-33.1 Motorized scooters ...................... 18-20 Park regulations re traffic ............... 20-5 Parking. See herein: Stopping, Standing and Parking Stopping, standing and parking Boats and boat trailers; parking on residential property restricted in R-1 and R-2 residential zoning Supp. No. 65 2947 N Section districts ........................ 18-35 Definitions .......................... 18-33 Parking restricted .................... 18-34 Recreational vehicles and trailers; park- 19-104 ing on residential property 19-101 restricted in R-1 and R-2 19-105 residential zoning districts ...... 18-35.1 Signs, parking in violation of ......... 18-36 Vehicle, trailer or boat parking 19-100 prohibited upon paved or unpaved area of the road right-of-way of specific roadways ............... 18-34.1 Violations; Fines Handicap spaces ................... 18-37 Non -handicap spaces .............. 18-38 Vehicular operation 15-11 et seq. Speed limits Generally ......................... 18-16 Weight limitations on certain roads ... 18-18 N NOISE CONTROL Definitions ............................. 19-99 Dissemination of information ............. 19-106 Enforcement ........................... 19-104 Exemptions ............................ 19-101 Permissible time for construction activity 19-105 Prohibition against Speakers in rights-of-way and air space 19-102 Unreasonable noise .................. 19-100 Radios or other mechanical sound -making devices or instruments in vessels, operation of ....................... 19-103 NUDITY Topless costumes prohibited ............. 19-64 NUISANCES Abandoned real property ................ 15-11 et seq. See: PROPERTY Abatement of public nuisances on private property Abatement of public nuisance......... 14-82 Assessment of costs and imposition of lien ............................ 14-83 Definitions .......................... 14-79 Notice of public nuisance; right to request hearing ......................... 14-81 Uses or activities constituting a public nuisance ........................ 14-80 Animals creating nuisances ............. 4-12 False alarms Excessive false alarms declared public nuisance ........................ 19-212 Panhandling ........................... 19-12 Rabid animals declared nuisance ........ 4-42 NUMBER Definitions and rules of construction..... 1-2 NORTH PALM BEACH CODE Section Section O OFFICIAL TIME Definitions and rules of construction..... 1-2 OATH, AFFIRMATION, SWEAR OR SWORN 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 P OBSTRUCTIONS Passageways, obstructing ............... 19-47 PALM BEACH COUNTY. See: COUNTY OFFENSES PARKING Definitions ............................. 19-1 Boat launching area Enumerated ............................ 19-3 et seq. Vehicle/trailer parking in designated See also specific offenses as indexed areas ........................... 5-35 State misdemeanors adopted ............ 19-2 Landscaping, provisions re off-street park- ing ............................... 27 38, 27-59 et seq. Administrative code .................... 2-39 et seq. See: LANDSCAPING See: ADMINISTRATIVE CODE Parks; designated parking areas......... 20-5(6) Chief of police's duties .................. 2-75 Stopping, standing and parking ......... 18-34 et seq. Definitions and rules of construction..... 1-2 See: MOTOR VEHICLES AND TRAF- Elections ............................... 10-1 et seq. FIC See: ELECTIONS Zoning, provisions re off-street parking .. 45-27 et seq. Emergency management See: ZONING (Appendix C) Exempt employee emergency duty Compensation ..................... 8-31 PARKS, PLAYGROUNDS AND Finance director ........................ 2-59 RECREATION Fire chiefs duties ....................... 2-81 Alcoholic beverages Golf advisory board ..................... 9-16 et seq. Consumption on playgrounds and public See: GOLF ADVISORY BOARD parks ........................... 3-3 Impersonating village official............ 19-8 Bicycles Librarian .............................. 2-93 Operation in safe manner, etc......... 20-6(2) Mayor ................................. 2-18,8-16 Operation prohibited in certain areas . 20-6(1) Pensions and retirement. See also that Boat launching areas subject Vehicle/trailer parking in designated Length of service award plan for areas ........................... 5-35 volunteer firefighters............ 2-170 et seq. Buildings or structure, erecting ......... 20-3 Pension and certain other benefits for Department of recreation Fre and police employees ........ 2-159 et seq. Director's duties Pension and certain other benefits for Conduct community activity........ 2-110(2) general employees .............. 2-146 et seq. Supervise recreation areas ......... 2-110(1) Social security ....................... 2-136 et seq. Ejectment of violators................... 20-8 Police Enforcement of provisions, responsibility. 20-7 Reserve force Golf advisory board ..................... 9-16 et seq. Appointment to service by chief of See: GOLF ADVISORY BOARD police ........................ 23-45 Hours regulated........................ 20-1 Public works director ................... 2-84 Meetings and gatherings Recreation director ..................... 2-110 Liability for loss or injury ............ 20-23 Social security .......................... 2-136 et seq. Permit See: SOCIAL SECURITY Appeal from refusal to issue........ 20-35 Village clerk and deputy village clerk.... 2-67 et seq. Application ........................ 20-33 See: DOCUMENTS AND PUBLIC Form ............................. 20-32 RECORDS Issuance standards ................ 20-34 Village manager ........................ 2-115 et seq. Required.......................... 20-31 See: VILLAGE MANAGER Revocation ........................ 20-36 Supp. No. 65 2948 CODE INDEX PEDDLERS AND SOLICITORS Section PARKS, PLAYGROUNDS AND 17-91 RECREATION (Cont'd.) 17-93 Rules and regulations, permittee bound 17-82 by .............................. 20-22 Property used to violate provisions, 17-85 confiscation of ..................... 20-9 Recreation advisory board 17-84 Created ............................. 20-61 Duties............................... 20-66 Meetings ............................ 20-65 Officers' quorum, compensation ....... 20-64 Removal ............................. 20-63 Terms ............................... 20-62(b) Vacancies ............................ 20-62(c) Recreational vehicles and trailers; park- 17-83 ing on residential property restricted 17-92 in R-1 and R-2 residential zoning 17-89 districts ........................... 18-35.1 Restrooms, failure to cooperate in keeping neat or sanitary ................... 20-2 Traffic 2-161(g) Enforcement of traffic regulations..... 20-5(2) Operation confined to roads........... 20-5(5) Parking areas designated ............. 20-5(6) Signs ................................ 20-5(3) Speed of vehicles........ ............. 20-5(4) State motor vehicle laws .............. 20-5(1) Trees 2-161(f) Climbing trees, etc . .................. 20-4 Use by public only ...................... 20-1 PEDDLERS AND SOLICITORS Section Age restrictions ........................ 17-91 Appeal ................................. 17-93 Definitions ............................. 17-82 Enforcement ........................... 17-94 Granting or rejecting application ........ 17-85 License 2-170.3 Application for ....................... 17-84 Limitation on hours for peddling or solicita- 2-170.5 tion............................... 17-88 Notice by property owners .............. 17-90 Permit 2-170.7 Application for ........................ 17-84 Display of... ..................... 17-87 Not transferable ..................... 17-86 Required ............................ 17-83 Revocation of ........................ 17-92 Prohibited practices .................... 17-89 Purpose ................................ 17-81 PENALTIES. See: FINES, FORFEITURES AND OTHER PENALTIES 2-161(i) PENSIONS AND RETIREMENT ICMA defined contribution pension plan Administrative services agreement and adoption agreements............ 2-170.14 Creation ............................. 2-170.12 Effective date ........................ 2-170.15 Vesting period ....................... 2-170.13 Supp. No. 65 2948.1 Section PENSIONS AND RETIREMENT (Cont'd.) Length of service award plan for volunteer firefighters .. Benefit formula ...................... 2-170.6 Contact person ....................... 2-170.10 Effective date........................ 2-170.3 Eligibility ........................... 2-170.4 Entitlement age ...................... 2-170.5 Plan, name of ........................ 2-170.2 Point system ......................... 2-170.11 Preretirement death benefit .......... 2-170.7 Purpose ............................. 2-170 Sponsor, name of ..................... 2-170.1 Trustee and contact person........... 2-170.10 Vesting provisions, schedule of........ 2-170.8 Village contributions ................. 2-170.9 Pension and certain other benefits for fire and police employees Benefit amounts 401(a)(9) Required Distributions.... 2-161(i) Cost of living ...................... 2-161(g) Disability retirement .............. 2-161(e) Early retirement .................. 2-161(b) Formula .......................... 2-161(c) Limitation on ..................... 2-161(h) Normal retirement benefit ......... 2-161(a) Preretirement death ............... 2-161(d) Termination benefits and vesting... 2-161(f) Board of trustees Bring and defend lawsuits Powers ......................... 2-164(e) Composition ....................... 2-164(a) Forfeiture of membership on board for absenteeism .............. 2-164(b) Meetings .......................... 2-164(d) Power and authority ............... 2-166 Reports and records ............... 2-164(c) Contributions Employer ......................... 2-163(c) Forfeitures ........................ 2-163(d) Member ........................... 2-163(a) State ............................. 2-163(b) Creation of trust and definitions ...... 2-159 Creation of trust .................. 2-159(a) CODE INDEX Section Section PENSIONS AND RETIREMENT (Cont'd.) PENSIONS AND RETIREMENT (Cont'd.) Definitions ........................ 2-159(b) Retirement board Direct transfers of eligible rollover dis- Additional rules and regulations au- tribution........................ 2-170 thorized...................... 2-152 Discharged members ................. 2-169(a) Established........................ 2-151 False, misleading statements made to Investing funds; custodian of securi- obtain retirement benefits prohib- ties .......................... 2-153 ited ............................ 2-169(f) Oaths of office; meetings; quorum ... 2-154 Incompetents ........................ 2-169(d) Rollovers, direct transfers of eligible roll - Insurers, tax on ...................... 2-167 over distribution Membership Definitions ........................ 2-157(b) Application for membership ........ 2-160(b) General ........................... 2-157(a) Buy-back of previous service........ 2-160(d) Mandatory distributions............ 2-157(d) Changes in designation of beneficiary 2-160(c) Rollovers from qualified plans ...... 2-157(c) Conditions of eligibility ity Y•• 2-160(a) Section 401(a)(17) Limitation on Com- Nonassignability ..................... 2-169(b) pensation....................... 2-156(g) Number and gender .................. 2-169(e) Social security.......................... 2-136 et seq. Optional forms of benefits ............. 2-162 See: SOCIAL SECURITY Pension validity2-169(c) ' Volunteer firefighters, length of service award plan for. See herein: Length of Prior service ......................... 2-165 Service Award Plan for Volunteer Fire- Repeal or termination of plan ......... 2-168 fighters Tax on insurers ...................... 2-167 Pension and certain other benefits for gen- PERMITS. See: LICENSES AND PERMITS eral employees PERSON Bargaining unit employees............ 2-156(e) Definitions and rules of construction ..... 1-2 Benefit amounts and eligibility Early retirement PIERS Age ............................ 2-148(d)(1) Docks and piers, construction require - Benefit ......................... 2-148(d)(2) ments re.......................... 5-81 et seq. Late retirement .................... 2-148(c) See: BOATS, DOCKS AND WATER - Preretirement death ............... 2-148(e) WAYS Refund of contribution ............. 2-148(g) PLANNING AND DEVELOPMENT Retirement benefit ................. 2-148(b) Appearance plan (Appendix A). See that Retirement date ................... 2-148(a) subject Termination of employment......... 2-148(f) Archaeological site protection regulations. 21-101 et seq. Contributions See: ARCHAEOLOGICAL SITE PRO - Member contributions .............. 2-150(b) TECTION Other contributions ................ 2-150(c) Board of adjustment Village contributions ............... 2-150(a) Composition; conduct generally Cost of living adjustment ............. 2-158 Administrative orders, review of .... 21-21(d) Creation of plan and trust ............ 2-146.1 Created ........................... 21-21(a) Definitions ........................... 2-146 Decision of administrative official, ap- Discharged members ................. 2-156(a) peals to board from ........... 21-21(e) Distribution of Benefits ............... 2-156(h) Hearing of appeals................. 21-21(g) Incompetence ........................ 2-156(d) Judicial review of decisions of board. 21-21(h) Maximum Pension Membership; terms; alternate; com- Additional Limitation on Pension Ben- pensation .................... 21-21(b) efits.......................... 2-156(f)(2) Powers and duties ................. 21-21(c) Stay of work and proceedings on ap- peal .......................... 21-21(f) Limits ....................... 2-156(f)(1) Community development department Membership Planning division ..................... 2-112(3) Application for membership ........ 2-147(b) Comprehensive plan Change in designation of beneficiary 2-147(c) Adoption ............................. 21-01 Conditions of eligibility ............. 2-147(a) Filing fees and costs for changes Nonassignability ..................... 2-156(b) Enactment and authority........... 21-1(a) Normal and optional forms of benefits . 2-149 Fee; application .................... 21-1(c) Pension validity ...................... 2-156(c) Jurisdiction ....................... 21-1(b) Repeal or termination of system....... 2-155 Planning commission, advise of ..... 21-1(d) Supp. No. 55 2949 NORTH PALM BEACH CODE Section Section PLANNING AND DEVELOPMENT (Cont'd.) PLANNING COMMISSION (Cont'd.) Concurrency management Zoning ordinances, changes to ........... 21-12 Adequate public facilities available to service development ............. 21-45 PLATS. See: SURVEYS, MAPS AND PLATS Application .......................... 21-42 PLAYGROUNDS. See: PARKS, PLAY - Definitions ........................... 21-44 GROUNDS AND RECREATION Intent and purpose Comprehensive plan, implementa- POLICE tion of ....................... 21-43(a) Court cost Management/monitoring and regula- Assessment of additional court costs for tory program, establishment of 21-43(b) criminal justice education expendi- Minimum requirements............ 21-43(c) tures ........................... 1-9 Management and monitoring program Department of law enforcement (police de - Amendments to CIE and annual bud- partment) ......................... 2-75,2-76 get, recommendations on ...... 21-46(c) See: LAW ENFORCEMENT, DEPART - Annual public facilities update report 21-46(b) MENT OF (POLICE DEPART - Generally ......................... 21-46(a) MENT) Proportionate fair -share program Impersonating police officer .............. 19-8 Applicability ....................... 21-48(b) Interference with police and fire rescue Application process ................ 21-48(e) department telephone trunk lines pro - Appropriation of fair -share revenues 21-48(i) hibited ............................ 19-215 Determining proportionate fair -share Oaths of office obligation .................... 21-48(f) Members of police department, form of General requirements .............. 21-48(c) oath............................ 2-41(c) Impact fee credit for proportionate Persons required to take oath of office . 2-41(a)(2) fair -share mitigation .......... 21-48(g) Pension and certain other benefits for fire Intergovernmental coordination..... 21-48(d) and police employees ............... 2-159 et seq. Proportionate fair -share agreements 21-48(h) See: PENSIONS AND RETIREMENT Purpose and intent ................ 21-48(a) Reserve force Regulatory program Application for membership ........... 23-43 Exemptions ....................... 21-47(b) Appointment to service by chief of police 23-45 Generally ......................... 21-47(a) Compensation........................ 23-50 Public facility adequacy, review to de- Created; purpose ..................... 23-42 termine...................... 21-47(c) Oath required........................ 23-47 Short title ........................... 21-41 Powers and duties.................... 23-48 Filing fees and costs for voluntary annex- Reserve list to be maintained ......... 23-44 ation of land Resignation .......................... 23-46 Enactment and authority 21-2(a) Uniforms and insignia ................ 23-49 Fees: application ..................... 21-2(c) POLLUTION Jurisdiction .......................... 21-2(b) Smoke, dust, odors, liquids, etc........... 19-9 Planning commission, advice of........ 21-2(d) Stormwater management provisions re pol- Public notice requirements for develop- lutant loads ....................... 21-67 ment applications and approvals Waterways, pollution of ................. 5-13 Generally ............................ 21-3(a) Wellfield protection Mailing requirements ................. 21-3(b) Regulation of business activities with Newspaper requirements ............. 21-3(d) potential to contaminate land and Posting requirements ................. 21-3(c) water resources................. 19-221 Stormwater management ................ 21-61 et seq. See: STORMWATER MANAGEMENT PRECEDING, FOLLOWING Subdivision regulations ................. 36-1 et seq. Definitions and rules of construction ..... 1-2 See: SUBDIVISIONS (Appendix B) PROFANITY Zoning regulations ...................... 45-1 et seq. Vulgar language prohibited in public places 19-65 See: ZONING (Appendix C) PROPERTY PLANNING COMMISSION Abandoned real property Composition; conduct generally Additional authority .................. 15-18 Created .............................. 21-11(a) Applicability......................... 15-13 Meetings ............................ 21-11(c) Definitions........................... 15-12 Membership ......................... 21-11(b) Immunity of enforcement officer ....... 15-17 Powers and duties .................... 21-11(d) Maintenance requirements............ 15-15 Supp. No. 55 2950 PROPERTY (Cont'd.) Purpose and intent ................... Registration of abandoned real property Securityrequirements ................ Abatement of public nuisances on private property .......................... See: NUISANCES Appearance plan (Appendix A). See that subject Boats, docks and waterways; unlawfully anchored or moored vessels Unclaimed vessel to be sold; certifica- tion of sale ..................... Definitions and rules of construction.... . Dogs on property of others .............. Insurance excise taxes; property insur- ance premiums .................... Subdivision regulations ................. See: SUBDIVISIONS (Appendix B) Unauthorized camping or lodging on public or private property ................ Weeds and brush ....................... See: WEEDS AND BRUSH PUBLIC PLACES. See: STREETS, SIDEWALKS AND PUBLIC PLACES PUBLIC RECORDS. See: DOCUMENTS AND PUBLIC RECORDS CODE INDEX Section Section 2-84 S 15-11 2-85(1) Refuse disposal ...................... 15-14 SAND DUNES 2-85(3) R Flood damage prevention provisions..... 12.5-45 15-16 Provisions enumerated .................. 4-42 et, seq. See: ANIMALS AND FOWL SANITATION. See: HEALTH AND SANITA- Parks, regulations re traffic signs........ 14-79 et seq. TION Construction standards ............... SCHOOLS Design standards .................... 6-117 Coin-operated amusements; proximity to 6-112 Location standards ................... schools restricted .................. 19-4 6-116 SEAWALLS 6-115 Permitted temporary signs ........... Bulkheads and seawalls, construction Prohibited signs ..................... 5-22 requirements re ................... 5-69 et seq. 1-2 See: BOATS, DOCKS AND Severability .......................... 4-28(b) WATERWAYS 26-17 SEXUAL OFFENDERS AND SEXUAL SIMULATED GAMBLING DEVICES 36-1 et seq. PREDATORS 17-44 Definitions ............................. Sexual offender and sexual predator residence prohibition .............. 19-31 19-11 SEXUALLY -ORIENTED ENTERTAINMENT 14-79 et seq. Adult entertainment establishments Zoning regulations re. See: ZONING (Appendix C) SHALL, MAY Definitions and rules of construction..... 1-2 SHRUBBERY. See: TREES AND SHRUB- BERY PUBLIC WORKS DEPARTMENT Director's duties ........................ 2-84 Divisions Division of facility and fleet maintenance 2-85(1) Refuse disposal ...................... 2-85(2) Street maintenance .................. 2-85(3) R 9-2 RABIES CONTROL Provisions enumerated .................. 4-42 et, seq. See: ANIMALS AND FOWL 18-36 REASONABLE TIME Definitions and rules of construction..... 1-2 RECORDS. See: DOCUMENTS AND PUBLIC RECORDS RECREATION. See: PARK, PLAYGROUNDS AND RECREATION REFUSE. See: GARBAGE AND TRASH RESTROOMS Parks and recreation facilities; failure to cooperate in keeping restrooms neat or sanitary ........................ 20-2 RETIREMENT. See: PENSIONS AND RETIREMENT Supp. No. 64 2951 SIDEWALKS. See: STREETS, SIDEWALKS AND PUBLIC PLACES SIGNATURE, SUBSCRIPTION Definitions and rules of construction..... 1-2 SIGNS AND BILLBOARDS Code enforcement, applicability re....... 2-173 Country club; provisions re signs ........ 9-2 Outdoor displays. See herein: Signs and Outdoor Displays Parking in violation of signs ............. 18-36 Parks, regulations re traffic signs........ 20-5(3) Signs and outdoor displays Construction standards ............... 6-117 Design standards .................... 6-117 Exempt signs ........................ 6-112 Location standards ................... 6-117 Measurement determinations ......... 6-116 Permitted permanent accessory signs . 6-115 Permitted temporary signs ........... 6-114 Prohibited signs ..................... 6-113 Provisions generally .................. 6-111 Purpose and scope of regulations...... 6-110 Severability .......................... 6-118 Zoning C-3 Regional Business District........ 45-34.1(7) SIMULATED GAMBLING DEVICES Conflict with state law .................. 17-44 Definitions ............................. 17-40 NORTH PALM BEACH CODE Section SIMULATED GAMBLING DEVICES (Cont'd.) Enforcement ........................... 17-45 Exemptions ............................ 17-43 Intent .................................. 17-41 Prohibition of re ........................ 17-42 SOCIAL SECURITY Section Agreement authorized .................. 2-138 Appropriations by village ............... 2-140 Declaration of policy .................... 2-136 Exclusions from coverage ............... 2-137 Records and reports .................... 2-141 Social security act adopted .............. 2-143 Withholding and reporting agent ........ 2-142 Withholding from wages ................ 2-139 SPITTING 21-68 Spitting in public places prohibited ...... 19-5 SPORTS Golf advisory board ..................... 9-16 et seq. See: GOLF ADVISORY BOARD 21-64 STATE Definitions and rules of construction..... 1-2 STENCH BOMBS Section Excepted uses .......................... 19-82(c) Possession prohibited ................... 19-82(b) Throwing or depositing ................. 19-82(a) STORMWATER MANAGEMENT 4-28(a) Adoption ............................... 21-61 Applicability ........................... 21-61 Design ................................. 21-61 Finished floor of structures, level of...... 21-63 Objectives of system design ............. 21-68 Open channels and outfall ditches ....... 21-66 Post development runoff rates, volumes and pollutant loads ................ 21-67 Storm drainage facilities generally ...... 21-64 Stormwater retention systems........... 21-69 Streets 24-47 Minimum street grades ............... 21-62 Roadside swales ..................... 21-65 Subdivisions, required improvements re . 36-31 Water quality .......................... 21-70 Zoning; surface water management 24-56 C-3 Regional Business District........ 45-34.1(8) STREETS, SIDEWALKS AND PUBLIC Section PLACES Code enforcement, applicability re....... 2-173 Definitions and rules of construction..... 1-2 Dogs in parks and on streets and sidewalks 4-28(a) Handbills; distribution restricted ........ 19-7 Hitchhiking prohibited .................. 19-6 Landscaping ........................... 27-31 et seq. See: LANDSCAPING Missiles, throwing ...................... 19-83 Supp. No. 64 2952 Section STREETS, SIDEWALKS AND PUBLIC PLACES (Cont'd.) Motor vehicles and traffic ............... 18-16 et seq. See: MOTOR VEHICLES AND TRAF- FIC Obstructing passageway ................ 19-47 Profanity; vulgar language prohibited.... 19-65 Public works department Streets maintenance division ......... 2-85(3) Sidewalks and driveways Building official, driveways to be constructed under supervision of. 24-44 Dangerous or abandoned driveways ... 24-46 Performance of work by village upon, failure of compliance ............ 24-47 Permits Driveway construction Application; information required 24-58 Prohibited in certain instances... 24-57 Required ....................... 24-56 Separate permits required for driveways and sidewalk construction .................. 24-55 Sidewalks Constructed required in certain cases 24-41 Exceptions to requirements ........ 24-42 Specifications Driveways ......................... 24-43(c) Generally ......................... 24-43(a) Nonconforming driveways .......... 24-43(d) Sidewalks ......................... 24-43(b) Smoke, dust, odors, liquids, etc.......... 19-9 Spitting in public places prohibited ...... 19-5 Stormwater management, applicable provi- sions re ........................... 21-62, 21-65 Subdivision regulations ................. 36-1 et seq. See: SUBDIVISIONS (Appendix B) Swale areas, sodding required in certain instances .......................... 24-3 Trees in swale areas .................... 27-16 et seq. See: TREES AND SHRUBBERY Utilities Public utilities, cost of changing or removal of ...................... 24-4 Use of rights-of-way for utilities....... 28-1 et seq. See: UTILITIES Work performed within rights-of-way Appeals ............................. 24-23 Emergencies and exemptions ......... 24-24 Fees ................................. 24-17 Limitations on pavement disturbance . 24-25 Pavement restoration standards ...... 24-27 Removal of barricades and signage.... 24-21 Right-of-way permit .................. 24-16 Conditions ........................ 24-19 Minimum standards ............... 24-20 Requirements ..................... 24-18 Revocation and penalties........... 24-22 Immediate revocation ........... 24-22(a) Other fines ..................... 24-22(b) CODE INDEX Section SUBDIVISIONS (Generally) Appearance plan (Appendix A). See that subject Code enforcement, applicability re....... 2-173 Flood damage prevention provisions..... 12.5-41(4) Zoning regulations ...................... 45-1 et seq. See: ZONING (Appendix C) SUBDIVISIONS (Appendix B) Section (Note—Section contained herein refer to . sections found within Appendix B) Amendments Public hearing required .............. 36-39.1 Definitions General terms ....................... 36-5 Specific terms ........................ 36-6 Design standards 36-38.1(6) Alleys ............................... 36-20 Blocks. See within this subheading: Lots and Blocks 36-38.1(4) Comprehensive plan, conformity with . 36-17(1) Easements and rights-of-way 36-38.1(2) Access waterways .................. 36-22(c) Drainage .......................... 36-22(b) Utilities ........................... 36-22(a) Lots and blocks Access ............................ 36-18(3) Block lengths ...................... 36-18(6) Double frontage lots ............... 36-18(5) Lot lines .......................... 36-18(4) Lot size ........................... 36-18(1) Residence lots, minimum ........... 36-18(2) Public sites and open spaces .......... 36-23 Rights-of-way. See within this subhead- 36-41 ing: Easements and Rights -Of - 36-42 Way 36-40 Sidewalks ......................36-21 Soil and flood hazards, consideration of 36-17(2) Streets Adjoining property, street access to . 36-19(7) Arterial streets, subdivisions on .... 36-19(2) Culs-de-sac ........................ 36-19(6) Half streets ....................... 36-19(8) Intersection design ................ 36-19(4) Minimum street design specifica- 36-12(2) tions ......................... 36-19(5) Minor streets ...................... 36-19(1) Railroads or limited access highway, 36-14(2) subdivisions on......... ... 36-19(3) Street names ...................... 36-19(9) Subdivision entrances ................ 36-25 Water bodies, access to ............... 36-24 Enactment and authority ............... 36-2 Enforcement provisions 36-15 Appeals ............................. 36-35 Erection of buildings and issuance of 36-9 permits ......................... 36-38 General enforcement regulations...... 36-36 Supp. No. 65 2953 Section SUBDIVISIONS (Appendix B) (Cont'd.) Land clearing, vegetation. and wildlife protection and preservation Application procedure for vegetation removal unrelated to building permit applications........... 36-38.1(3) Exceptions ......................... 36-38.1(5) Fees .............................. 36-38.1(6) Generally ......................... 36-38.1(1) Vegetation protection during construc- tion .......................... 36-38.1(4) Vegetation removal permit, applica- tion procedure ................ 36-38.1(2) Required improvements .............. 36-37 Vegetation. See within this subhead- ing: Land Clearing, Vegetation and Wildlife Protection and Preserva- tion Wildlife protection and preservation. See within this subheading: Land Clearing, Vegetation and Wildlife Protection and Preservation Jurisdiction ............................ 26-3 Legal status Conflicting regulations ............... 36-41 Effective date ........................ 36-42 Saving clause ........................ 36-40 Plats, platting Procedures for subdivision plat approval. See herein that subject Procedures for subdivision plat approval Construction plan specifications ...... 36-13 Construction plans procedure Preparation of construction plans... 36-12(1) Submission and review of construc- tion plans .................... 36-12(2) Surety device, posting of........... 36-12(3) Final plat procedure Application for final plat approval.. 36-14(2) Generally ......................... 36-14(1) Planning commission action........ 36-14(4) Planning commission review ....... 36-14(3) Recording of final plat ............. 36-14(6) Village council action .............. 36-14(5) Final plat specifications .............. 36-15 General prerequisites to .............. 36-7 Pre -application conference............ 36-9 Preliminary plat procedure Application for preliminary plat approval ..................... 36-10(1) Developments of regional impact ... 36-10(2) Effect of approval .................. 36-10(9) Failure of planning commission to take action ................... 36-10(8) Fees .............................. 36-10(3) Notification of action .............. 36-10(7) Planning commission action........ 36-10(6) Planning commission review ....... 36-10(5) Review comments ................. 36-10(4) Preliminary plat specifications........ 36-11 Supp. No. 65 2954 NORTH PALM BEACH CODE Section Section SUBDIVISIONS (Appendix B) (Cont'd.) SWIMMING POOLS (Cont'd.) Qualification of person making survey. 36-8 Country club premises regulations....... 9-1 Reversion of subdivided land to acreage 36-16 Definitions ............................. 25-1 Purpose and intent ..................... 36-4 Elevation .............................. 25-6 Required improvements Final approval .......................... 25-7 Bikeways.......... ............... 36-29.1 Grade.................................. 15-11 Bridges .............' .............. 36-30 Permits....... ....................... 25-3 General requirements ................ 36-26 Setbacks.................. ............. 25-2 Monuments Permanent control points .......... 36-27(b) SWITCHBLADE KNIVES Permanent reference monuments... 36-27(a) Sale prohibited ......................... 19-185(a) Planned unit development alternatives 36-34 Screening walls and landscaping...... 36-33 T Sidewalks ........................... 36-29 TAXATION Storm water management............ 36-31 Insurance excise taxes .................. 26-16, 26-17 Streets..... Local business tax...; ..'........... 17-16 et seq. Arterial and collector streets ....... 36-28(a) See: BUSINESS REGULATIONS Curb and gutter ................... 36-28(c) Pension and certain other benefits for fire Marginal access streets ............ 36-28(b) and police employees Pavement base ..................... 36-28(f) Tax on insurers ...................... 2-167 Subgrade ......:. ................ 36-28(e) Telecommunications service tax Swales ............................ 36-28(d) Collection............................ 26-52 Wearing surface ................... 36-28(g) Compensation ........................ 26-54 Utilities Exemptions .......................... 26-53 Sanitary sewer ..................... 36-32(a) Levy ................................ 26-51 Septic tanks ....................... 36-32(e) Rate............................. 26-51 Underground utilities .............. 36-32(d) Utility tax ............................. tax 26-29 et seq. Water and sewer systems .......... 36-32(c) See: UTILITY TAX Water supply 36-32(b) Wells TELECOMMUNICATIONS Individual wells prohibited in Compliance with other laws; police power 29-10 certain areas of village ..... 36-32(f) Construction bond ...................... 29-13 Short title .............................. 36-1 Definitions............................. 29-3 Enforcement remedies .................. 29-15 SUITS AND OTHER PROCEEDINGS Fees and payments ..................... 29-5 Code enforcement Force majeure .......................... 29-16 Limitations on actions for money judg- Insurance; surety; indemnification....... 29-12 ments.......................... 2-182 Intent and purpose ..................... 29-2 SURVEYS, MAPS AND PLATS Registration ............................ 29-4 Official zoningma p.. ................... 45-17 Involuntary termination .............. 29-9 Subdivision regulations ................. 36-7 et seq. Reports and records .................... 29-6 See: SUBDIVISIONS (Appendix B) Rights-of-way, use ...................... 29-8 Security fund ........................... 29-14 SWALE AREAS Service tax, generally ................... 26-51 et seq. Sodding required in certain instances.... 24-3 See: TAXATION Trees in swale areas .................... 27-16 et seq. Title. ............................... 29-1 See: TREES AND SHRUBBERY Transfer of control; sale or assignment... 29-11 Underground installation; relocation..... 29-7 SWEAR OR SWORN. See: OATH, AFFIRMA- TION, SWEAR OR SWORN TELEPHONES Alarms; interference with police and fire SWIMMING rescue department trunk lines Bathing regulations; diseased persons prohibited ......................... 19-215 prohibited from bathing in public pool, etc ........................... 19-3 TELEVISION Restricted waters, swimming in ......... 5-3 Cable television rate regulation ......... 17-1 TENSE SWIMMING POOLS Definitions and rules of construction..... 1-2 Barrier/fencing requirements............ 25-5 Code enforcement, applicability re....... 2-173 THEFT Construction ........................... 25-4 Combat Auto Theft (CAT)............... 18-19 Supp. No. 65 2954 CODEINDEX Section TIME Definitions and rules of construction..... 1-2 TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC TRAILERS Boats and boat trailers; parking on residential property restricted in R-1 and R-2 residential zoning districts. 18-35 Recreational vehicles and trailers; park- ing on residential property restricted in R-1 and R-2 residential zoning districts 18-35.1 TRASH. See: GARBAGE AND TRASH Supp. No. 65 2954.1 Section CODE INDEX Section Section TREES AND SHRUBBERY VILLAGE COUNCIL (Cont'd.) Abatement of public nuisances on private Parliamentary rules .................. 2-27 property ........................... 14-79 et seq. Village clerk, duties re .................. 2-67 See: NUISANCES Code enforcement, applicability re ....... 2-173 VILLAGE LOGO Landscaping ............................ 27-31 et seq. Adoption ............................... 1-10(b) See: LANDSCAPING Description ............................. 1-10(a) Missiles, throwing ...................... 19-83 Registration............................ 1-10(d) Parks and recreation facilities; climbing Unlawful practices ...................... 1-10(c) trees, etc .......................... 20-4 VILLAGE MANAGER Swale areas, trees in Administrative code, provisions re ....... 2-39 et seq. Definitions ........................... 27-16 See: ADMINISTRATIVE CODE Maintenance ......................... 27-20 Bond................................... 2-117 Planting and removal; written approval Budget ................................. 2-118 required ........................ 27-17 Budget procedures, duties re............. 2-2 Scope ................................ 27-19 Residency.............................. 2-115 Variety and location .................. 27-18 VOYEURISM U Window peeping prohibited .............. 19-66 UTILITIES Flood damage prevention provisions...... 12.5-41(3),(5) W Franchises enumerated. See Appendix D Street construction work; cost of changing WALLS. See: FENCES, WALLS, HEDGES or removal of public utilities ........ 24-4 AND ENCLOSURES Subdivision design standards re easements WATER SHORTAGE EMERGENCIES and rights-of-way .................. 36-22(a) Application............................. 19-201 Subdivisions, required improvements re .. 36-32 Definitions ............................. 19-200 Telecommunications service tax .......... 26-51 et seq. Enforcement See: TAXATION Emergency power .................... 19-204 Use of rights-of-way for utilities Generally ............................ 19-203 Code enforcement, applicability re ..... 2-173 Implementation Rules and regulations adopted ........ 28-1 Written permit (franchise) Exemptions .......................... 19-202(b) Contents .......................... 28-3 Permanent restrictions ............... 19-202(a) Required; term .................... 28-2 Sanitation, exception to maintain ........ 19-205 Violations and penalties ................. 19-206 UTILITY TAX Collection .............................. 26-30 WATER SUPPLY AND DISTRIBUTION Exemption ............................. 26-31 Stormwater management................ 21-61 et seq. Levied; rate ............................ 26-29 See: STORMWATER MANAGEMENT Wellfield protection ..................... 19-220, 19-221 V Zoning; C-3 Regional Business District Surface water management ........... 45-34.1(8) VACANT PROPERTY Unauthorized camping, lodging .......... 19-11 WATERWAYS. See: BOATS, DOCKS AND WATERWAYS VILLAGE Definitions and rules of construction ..... 1-2 WATERWAYS BOARD Composition; terms; vacancies ........... 5-103 VILLAGE COUNCIL Created ................................ 5-102 Compensation .......................... 2-16 Duties ................................. 5-105 Definitions and rules of construction ..... 1-2 Organization ........................... 5-104 Meetings Removal ............................... 5-106 Adjournment of all meetings .......... 2-19 Regular meetings WEAPONS. See: FIREARMS AND WEAP- Presiding officer ................... 2-18 ONS When held ........................ 2-17 Rules of procedure. See herein that sub- WEEDS AND BRUSH ject Abatement of public nuisances on private Rules of procedure property ........................... 14-79 et seq. Order of business ..................... 2-26 See: NUISANCES Supp. No. 55 2955 NORTH PALM BEACH CODE Section WEEK Definitions and rules of construction ..... 1-2 WEIGHTS AND MEASURES Motor vehicle operation; weight limitations on certain roads ................... 18-18 WELLFIELD PROTECTION Business activities with potential to con- taminate land and water resources, regulation of ....................... 19-221 County wellfield protection ordinance ad- opted by reference ................. 19-220 WRITTEN, IN WRITING Definitions and rules of construction ..... 1-2 Y YARDS AND OPEN SPACES Landscaping ............................ 27-31 et seq. See: LANDSCAPING Zoning regulations ...................... 45-27 et seq. See: ZONING (Appendix C) YEAR Definitions and rules of construction ..... 1-2 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 ordi- nance ............................. 27-39 Planning commission; changes to zoning ordinances ........................ 21-12 Subdivision regulations ................. 36-1 et seq. See: SUBDIVISIONS (Appendix B) Supp. No. 55 2956 Section Supp. No. 62 2957 CODEINDEX Section Section ZONING (Appendix C) ZONING (Appendix C) (Cont'd.) (Note -Section references herein are exclu- Site area ............................. 45-32(C) sive to Appendix C) Yards and open spaces ................ 45-32(D) Adult entertainment establishments C-3 Regional Business District Administrative requirements; supple- Height ............................... 45-34.1(5) mental 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 of Off-street loading and internal circula- birth of employees ............... 45-20(10) tion ............................ 45-34.1(3) Display or exposure of specified anatom- Off-street parking .................... 45-34.1(2) ical 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),45- General description................... 45-31(A) 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 'hransitional Commercial District Height regulations. See herein: Height Building height regulations ........... 45-32.1(D) Nonconforming uses of land and struc- Building site area regulations ......... 45-32.1(E) tures. See herein that subject Conditions for permitted uses ......... 45-32.1(C) Site area regulations. See herein: Site General description ................... 45-32.1(A) Area Off-street parking layout .............. 45-32.1(H) C-1 Neighborhood Commercial District Off-street parking regulations ......... 45-32.1(G) Building and floor area regulations .... 45-33(C) Uses permitted ....................... 45-32.1(B) Floor area ......................... 45-33(F) Yards................................ 45-32.1(F) Heights .............................. 45-33(B) Changes and amendments............... 45-5 Off-street parking .................... 45-33(E) Commercial District Permitted uses ....................... 45-33(A) Development standards............... 45-34(B) Conditions for permitted uses....... 45-33(G) Use and operating restrictions......... 45-34(C) Yard space regulations ................ 45-33(D) Uses permitted....................... 45-34(A) C -1A Limited Commercial District Conflict of provisions .................... 45-4 Conditions for permitted uses ......... 45-32(G) C -OS Conservation and Open Space Dis- Floor area ........................... 45-32(F) trict Height ............................... 45-32(B) Coastal zone protection ............... 45-35.2(C) Permitted uses ....................... 45-32(A) Intent............................... 45-35.2(A) Supp. No. 62 2957 NORTH PALM BEACH CODE Supp. No. 62 2958 Section Section ZONING (Appendix C) (Cont'd.) ZONING (Appendix C) (Cont'd.) Permitted uses ....................... 45-35.2(B) Landscape buffer standards for Con - Definitions ............................. 45-2 gress Avenue.................... 45-38(1) Adult entertainment establishments... 45-20(3) Lakes ............................. 45-38(1)(6) Rules of construction ............... 45-20(8)(a) Minimum width ................... 45-38(I)(1) Historic site overlay district........... 45-37(b) Preserved plant materials.......... 45-38(1)(5) Districts Required planting palette for installed Division of village into districts........ 45-16 vegetation .................... 45-38(1)(3) Enumerated ......................... 45-16 Restrictions ....................... 45-38(1)(2) See also specific districts as indexed Tree and shrub planting require - General provisions ................... 45-36 ments........................ 45-38(1)(4) Emergency generators required for auto- Northlake Boulevard Overlay Zone.... 45-38(Q) motive service stations ............. 45-23 Off-street parking and loading regula- Floor area tions ........................... 45-38(J) C-1 Neighborhood Commercial District. 45-33(C), (F) Outdoor storage ...................... 45-38(N) C -1A Limited Commercial District ..... 45-32(F) Property perimeter requirements ...... 45-38(H) C -A Commercial District .............. 45-31(I) Screening............................ 45-38(0) CB Commercial District ............... 45-31.1(1) Signs................................ 45-38(P) R-2 Multiple -Family Dwelling District . 45-28(E) Supplemental use regulations for select R-3 Apartment Dwelling District ...... 45-30(F) permitted or special exception uses 45-38(D) Uses permitted ....................... 45-38(C) Height Wellfield protection ................... 45-38(F) C-1 Neighborhood Commercial District. 45-33(B) Interpretation of provisions .............. 45-3 C -1A Limited Commercial District..... 45-32(B) Landscaping C-3 Regional Business District ........ 45-34.1(5) C-3 Regional Business District ........ 45-34.1(4) C -A Commercial District .............. 45-31(D) Loading, off-street. See herein: Off -Street CB Commercial District ............... 45-31.1(D) Loading and Internal Circulation CC Transitional Commercial District .. 45-32.1(D) Lots R-1 Single -Family Dwelling Districts .. 45-27(B) C-3 Regional Business District ........ 45-34.1(6) R-2 Multiple -Family Dwelling District . 45-28(B) CB Commercial District ............... 45-31.1(H) R-3 Apartment Dwelling District ...... 45-30(B) Nonconforming lots of record .......... 45-62 Historic site overlay district Map Definitions ........................... 45-37(b) Official zoning map. See herein that Local register of historic sites subject Creation of ........................ 45-37(C) Nonconforming uses of land and structures Initiation of placement on .......... 45-37(D) Adult entertainment establishments ... 45-20(7) Placement on ........................ 45-37(E) Extension and enlargement........... 45-61 Certificate of appropriateness....... 45-37(H) Intent ............................... 45-60 Criteria for listing on .............. 45-37(F) Land, nonconforming uses of .......... 45-63 Effect of listing on ................. 45-37(G) Lots of record, nonconforming ......... 45-62 Purpose ............................. 45-37(a) Repairs and maintenance............. 45-66 I-1 light industrial district Structures and premises in combina- Access ............................... 45-38(L) tion, nonconforming uses of...... 45-65 Artificial lighting ..................... 45-38(K) Structures, nonconforming............ 45-64 Building site area regulations......... 45-38(G) Temporary uses ...................... 45-67 Maximum floor -area -ratio .......... 45-38(G)(10) Architectural elements Maximum lot coverage ............. 45-38(G)(9) Architectural elements ............. 5-5 Minimum front setback ............ 45-38(G)(4) Building color and finish ........... 5-4 Minimum lot depth ................ 45-38(G)(3) Building facade/elevation........... 5-3 Minimum lot width ................ 45-38(G)(2) Definitions ........................ 5-8 Minimum rear Setback ............. 45-38(G)(5) Design treatments ................. 5-2 Minimum site area ................. 45-38(G)(1) General provisions................. 5-1 Side corner setback ................ 45-38(G)(7) Preferred roof materials/styles ...... 5-7 Side interior setback ............... 45-38(G)(6) Window/door treatments ........... 5-6 Building height .................... 45-38(G)(8) Consistency with comprehensive land Definitions ........................... 45-38(B) use plan........................ Art.2 Deliveries adjacent to residential land Established .......................... Art. 1 uses ............................ 45-38(E) General provisions Fences, walls and hedges ............. 45-38(M) Applicability....................... 3-1 Intent ............................... 45-38(A) Procedure and regulations.......... 3-2 Supp. No. 62 2958 CODEINDEX Supp. No. 62 2959 Section Section ZONING (Appendix C) (Cont'd.) ZONING (Appendix C) (Cont'd.) 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-street C -A Commercial District .............. 45-31(G), (H) parking areas ................ 6-10 CB Commercial District............... 45-31.1(G), (H) Maintenance ...................... 6-13 CC Transitional Commercial District .. 45-32.10, (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 Open spaces. See herein: Yards and Open New construction and substantial re- Spaces vision ........................ 6-5 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 Off-street parking regulations. See herein: plants ........................ 6-6 Off -Street Parking Pruning ........................... 6-15 Permitted uses Tree and plant installation ......... 6-4 Automotive Commercial District....... 45-34(A) Signage and outdoor displays C-1 Neighborhood Commercial District. 45-33(A), (G) Accessory signs .................... 7-5 C -1A Limited Commercial District..... 45-32(A), (G) Appearance ....................... 7-2 C-2 General Commercial District...... 45-34(A) Business signs ..................... 7-6 C-3 Regional Business District........ 45-34.1(1) Definitions ........................ 7-11 C -A Commercial District .............. 45-31(B), (C) Design, construction, and location CB Commercial District ............... 45-31.1(B), (C) standards .................... 7-9 CC Transitional Commercial District .. 45-32.1(B) Exempt signs ...................... 7-3 C -OS Conservation and Open Space Dis- Exterior architectural lighting ...... 7-10 trict ............................ 45-35.2(B) General provisions ................. 7-1 R-1 Single -Family Dwelling Districts .. 45-27(A) Measurement determinations ....... 7-8 R-2 Multiple -Family Dwelling District. 45-28(A) Removal ............................. 2-55 -R-3 Apartment Dwelling District ...... 45-30(A) Street numbers .................... 7-7 Planned unit development Temporary signs ................... 7-4 C-3 Regional Business District ........ 45-34.1(10) Site plan elements .................... Art. 8 Filing of application .................. 45-35.1(II) Building orientation and placement. 8-2 Planning commission General design .................... 8-1 Action of.......................... 45.35.1(IV) Off-street parking areas............ 8-3 Referral to ........................ 45-35.1(III) Pedestrian amenities ............... 8-4 Public notice ......................... 45-35.1(VII) Site and street furniture ........... 8-5 Statement of intent ................... 45-35.1(I) Zoning regulations Village council Development review regulations .... 4-1 Action of .......................... 45-35.1(V) Land use chart .................... 4-2 Effect of approval of................ 45-35.1(VI) Use definitions and supplemental reg- Public district ulations...................... 4-3 Restricted uses....................... 45-35 Northlake Boulevard overlay zoning dis- R-1 Single -Family Dwelling District trict (NBOZ)....................... 45-35.3 Annexed land in...................... 45-20 Oceanfront land Height ............................... 45-27(B) Ocean setback ........................ 45-22 Mechanical equipment................ 45-27(G) Official zoning map Off-street parking .................... 45-27(E) Adopted by reference ................. 45-17(1) Permitted uses....................... 45-27(A) Boundary conflict interpretations...... 45-18 Site area ............................. 45-27(C) Buildings and uses to conform to district Yards and open spaces ................ 45-27(D) regulations ..................... 45-19 R-2 Multiple -Family Dwelling District Changes ............................. 45-17(3) Community residential home regula- Damaged,destroyed, etc ............... 45-17(5) tions ........................... 45-28(G) Identification ......................... 45-17(2) Floor area ........................... 45-28(E) Location; final authority .............. 45-17(4) Height............................... 45-28(B) Supp. No. 62 2959 NORTH PALM BEACH CODE Supp. No. 62 2960 Section Section ZONING (Appendix C) (Cont'd.) Mechanical equipment ................ 45-28(H) Off-street parking .................... 45-28(F) Permitted uses ....................... 45-28(A) Site area ............................. 45-28(C) Yards and open spaces ................ 45-28(D) R-3 Apartment Dwelling District Floor area ........................... 45-30(F) Height ............................... 45-30(B) Off-street parking .................... 45-30(E) Permitted uses ....................... 45-30(A) Site area ............................. 45-30(C) Yards and open spaces ................ 45-30(D) Setbacks C-3 Regional Business District ........ 45-34.1(5) Oceanfront land ...................... 45-22 Short title .............................. 45-1 Signs C-3 Regional Business District ........ 45-34.1(7) Similar uses ............................ 45-16.1 Site area 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. 62 2960 Section