Code of Ordinances Supplement 68 SUPPLEMENT NO.68
May 2018
CODE OF ORDINANCES
Village of
NORTH PALM BEACH,FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this time
through:
Ordinance No.2018-03, adopted April 12,2018.
See the Code Comparative Table for further information.
Remove Old Pages Insert New Pages
xi, xii xi, xii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
SH:3 SH:3
15-19 15-18
65 65
138.3-138.10 138.3-138.10
2488.7, 2488.8 2488.7, 2488.8
2895, 2896 2895, 2896
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TABLE OF CONTENTS
Page
Officials of the Village. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii
Preface. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v
Adopting Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii
Readopting Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xJ
Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [I]
Supplement History Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SH:I
PART I
CHARTER
Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
Art. I. Corporate Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Art. I.A. Vision Statement . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Art. 11. Territorial Boundaries. . . . . . . . . . . . . . . . . . . . . . . 5
Art. 111. Legislative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5
Art. IV. Administrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Art. V. Qualifications and Elections. . . . . . . . . . . . . . . . . . 17
Art. VI. Transition Schedule . . . . . . . . . . . . . . . . . . . . . . . . 18
Charter Comparative Table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART
CODE OF ORDINANCES
Chapter
1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
2. Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134.3
Art. 11. Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.7
Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.7
Div. 2. Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . 138.8
Art. 111. Administrative Code . . . . . . . . . . . . . . . . . . . . . . . 138.9
Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138.9
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
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Chapter Page
Art. IV. Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Art. V. Pensions and Retirement Systems. . . . . . . . . . . . 144
Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Div. 2. Social Security . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Div. 3. Pension and Certain Other Benefits for
General Employees. . . . . . . . . . . . . . . . . . . . . . 145
Div. 4. Pension and Certain Other Benefits for
Fire and Police Employees . . . . . . . . . . . . . . . 152.3
Div. 5. Length of Service Award Plan for Volunteer
Firefighters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Div. 6. ICMA Defined Contribution Pension Plan. 164.1
Art. VI. Code Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . 164.2
Art. VII. Alternate Method of Code Enforcement. . . . . 169
3. Alcoholic Beverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
4. Animals and Fowl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Art. 11. Dogs and Cats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
Art. 111. Rabies Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
5. Boats, Docks and Waterways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
Art. 11. Boat Launching Area . . . . . . . . . . . . . . . . . . . . . . . 326
Art. 111. Construction Requirements. . . . . . . . . . . . . . . . . 326.1
Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326.1
Div. 2. Canals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326.1
Div. 3. Bulkheads and Seawalls . . . . . . . . . . . . . . . . . 327
Div. 4. Docks and Piers. . . . . . . . . . . . . . . . . . . . . . . . . 328
Div. 5. Erosion Control Structures. . . . . . . . . . . . . . . 333
Art. IV. Marine Sanctuaries. . . . . . . . . . . . . . . . . . . . . . . . . 333
Art. V. Waterways Board . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
6. Buildings and Building Regulations . . . . . . . . . . . . . . . . . . . . . . 381
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383
Art. 11. Minimum Construction Standards . . . . . . . . . . . 383
Art. 111. Appearance Code . . . . . . . . . . . . . . . . . . . . . . . . . . 386
Div. 1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386
Div. 2. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
Div. 3. Certificate of Appropriateness. . . . . . . . . . . . 387
Art. IV. Abatement of Unsafe or Unsanitary Buildings 388
Art. V. Signs and Outdoor Displays. . . . . . . . . . . . . . . . . . 392.1
Art. VI. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
Art. VII. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
7. Bulkhead Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
Art. 11. Filling Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
8. Emergency Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509
Art. 11. Civil Disorders and Disturbances . . . . . . . . . . . . 510
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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.
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whether the Code volume properly reflects the latest printing of each page.
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In addition to assisting existing holders of the Code, this list may be used in compiling
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Page No. Supp.No. Page No. Supp.No.
Title Page 64 12.1 61
in 1 13, 14 25
V,vi OC 15, 16 68
v11,Vnl OC 17, 18 68
ix OC 65 68
X.1,X.11 1 77 OC
X.111 1 79, 80 OC
xi,x11 68 81, 82 58
xiii,xiv 67 83 58
xv,xvi 67 133, 134 62
SH:1, SH:2 63 134.1, 134.2 62
SH:3 68 134.3, 134.4 62
1 25 135, 136 60
3,4 25 137, 138 60
5, 6 25 138.1, 138.2 60
7, 8 25 138.3, 138.4 68
9, 10 29 138.5, 138.6 68
10.1, 10.2 53 138.7, 138.8 68
10.3, 10.4 53 138.9, 138.10 68
10.5, 10.6 53 139, 140 34
11, 12 61 141, 142 62
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143, 144 52 331, 332 58
144.1 52 332.1 58
145, 146 47 333, 334 45
147, 148 47 335 45
149, 150 47 381, 382 66
151, 152 65 383, 384 53
152.1, 152.2 65 385, 386 66
152.2.1 65 386.1 66
152.3, 152.4 47 387, 388 60
152.5, 152.6 60 389, 390 60
153, 154 61 391, 392 60
154.1 61 392.1, 392.2 60
155, 156 46 392.3, 392.4 60
157, 158 52 392.5 60
159, 160 61 393, 394 56
160.1, 160.2 61 395, 396 56
161, 162 46 397, 398 56
162.1, 162.2 46 398.1 56
163, 164 52 398.15, 398.16 40
164.1, 164.2 65 399,400 53
164.3 65 401 53
165, 166 48 453 OC
167, 168 48 455,456 22
169, 170 48 507 57
211 OC 509, 510 57
213,214 19 511, 512 57
263 59 559 36
265,266 59 561, 562 52
266.1 59 563 40
267,268 52 615 36
269 52 617, 618 67
319, 320 63 671 2
321, 322 63 673 24
323, 324 63 695 13
325, 326 63 697 52
326.1, 326.2 63 723 52
327, 328 27 725, 726 67
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779, 780 66 1067, 1068 61
781, 782 66 1069, 1070 61
783, 784 66 1121 OC
785, 786 66 1171 65
787, 788 66 1173, 1174 65
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791, 792 66 1177, 1178 65
793, 794 66 1179, 1180 65
795, 796 66 1225 61
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799 66 1229, 1230 63
839 OC 1231, 1232 63
889 39 1233, 1234 63
891, 892 61 1235 63
893, 894 52 1237, 1238 52
895 50 1239, 1240 52
945 67 1241, 1242 52
947, 948 67 1289 52
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951, 952 67 1293, 1294 29
953, 954 67 1295 29
955, 956 67 1343, 1344 62
997 OC 1345, 1346 62
999, 1000 22 1347, 1348 62
1051, 1052 61 1348.1 62
1052.1 61 1349, 1350 45
1053, 1054 31 1350.1, 1350.2 45
1054.1, 1054.2 31 1351, 1352 33
1054.3, 1054.4 31 1353, 1354 33
1055, 1056 36 1355, 1356 33
1057, 1058 33 1356.1 33
1059, 1060 33 1357, 1358 OC
1060.1, 1060.2 43 1359, 1360 33
1060.3, 1060.4 43 1361, 1362 33
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1366.3, 1366.4 33 2046.1 62
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1517 64 2353 OC
1519, 1520 64 2355,2356 OC
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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
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1689, 1690 66 2479,2480 67
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1739 14 2485,2486 67
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Supp.No.68
SUPPLEMENT HISTORY TABLE
Date Included/
Ord, No, Adopted Omitted Supp, No,
2015-15 9-24-15 Omitted 63
2015-16 9-24-15 Omitted 63
2015-17 1-14-16 Omitted 63
2015-18 9-24-15 Omitted 63
2015-19 11-12-15 Included 63
2015-20 11-12-15 Included 63
2015-21 12-10-15 Omitted 63
2015-22 12-10-15 Included 63
2016-02 1-14-16 Omitted 63
2016-03 1-14-16 Omitted 63
2016-01 4-28-16 Omitted 64
2016-04 1-28-16 Omitted 64
2016-05 3-24-16 Omitted 64
2016-06 5-12-16 Included 64
2016-25(Res.) 5-12-16 Omitted 64
2016-07 9- 8-16 Included 65
2016-08 9-22-16 Omitted 65
2016-09 9-22-16 Omitted 65
2016-10 11-10-16 Omitted 65
2016-11 12- 8-16 Omitted 65
2017-01 1-12-17 Omitted 65
2017-02 1-12-17 Included 65
2017-03 1-26-17 Included 65
2017-04 2- 9-17 Omitted 65
2017-05 2- 9-17 Omitted 65
2017-08 5-25-17 Omitted 66
2017-10 7-27-17 Omitted 66
2017-11 8-24-17 Included 66
2017-12 9-28-17 Omitted 66
2017-13 9-28-17 Included 66
2017-14 9-28-17 Omitted 66
2017-15 9-28-17 Omitted 66
2017-16 10-12-17 Omitted 67
2017-17 10-12-17 Omitted 67
2017-18 10-12-17 Included 67
2017-19 11- 9-17 Omitted 67
2017-20 11- 9-17 Omitted 67
2017-21 12-14-17 Included 67
2017-22 12-14-17 Included 67
2017-23 12-14-17 Included 67
2017-24 12-14-17 Included 67
2017-25 12-14-17 Omitted 67
2018-01 1-11-18 Included 68
2018-03 4-12-18 Omitted 68
Supp. No. 68 SH:3
CHARTER § 5
(Ord. No. 11-86, § 1, 9-11-86; Ord. No. 36-2002, Section 2. Appointment; removal;
§ 1, 12-12-02) compensation [of manager].
Editor's note—Ord. No. 36-2002,was passed by vote in
an election held March 11, 2003. (a) Appointment. The council shall appoint a
village manager for an indefinite term by a
Section 12. Contracting of village services; majority vote of all the council members.
referendum required. (b) Removal. The council may remove the
No contract or interlocal agreement shall be manager by a majority vote of all the council
entered into between the Village and a third- members and the manager shall hold office at
party public or private entity whereby the third the pleasure of the council.
party is to take over the management and
perform the duties and responsibilities of either (c) Compensation. The compensation of the
manager shall be fixed by the council.
the Public Safety Police, Fire or Emergency
Medical Services Divisions, the Public Services (Ord. No. 1-76, § 1, 2-19-76)
Department Administration, Building or Sanita-
tion Divisions, Finance Department, Recreation Section 3. Vacancy [in office of manager].
Department or Library unless the proposed During any vacancy in the office of village
contract or interlocal agreement first receives a manager,the council may designate any competent
four-fifths vote of the Village Council and the person, except the mayor or any member of the
approval of two-thirds of the Village electors who council, to execute the functions of the office of
vote in a referendum election called for and held village manager.
as provided by law. This section is not intended (Ord. No. 1-76, § 1, 2-19-76)
nor shall it be construed as a prohibition against
the Village entering into contracts and interlocal Section 4. Acting village manager.
agreements with public or private entities for
services and assistance within one or more of the By letter filed with the council, the manager
specified Village departments shall designate, subject to approval of the council,
(Ord. No. 37-2002, § 1, 12-12-02 a qualified village administrative officer to exercise
Editor's note—Ord. No. 37-2002,was passed by vote in the powers and perform the duties of manager
an election held March 11, 2003. during his temporary absence or disability. During
Editor's note—Ord. No. 2006-24, § 3, adopted Nov. 9, such absence or disability,the council may revoke
2006,provided the following:"The duties and responsibilities
of the Public Services Department have been allocated to the such designation at any time and appoint another
Public Works Department and the Community Development officer of the village to serve until the manager
Department.Consequently,the reference to the Public Services shall return or his disability shall cease.
Department Administration in§12 herein shall be construed (Ord. No. 1-76, § 1, 2-19-76)
to include both the Public Works Department Administration
and the Community Development Department Administra-
tion,thereby retaining its existing meaning and avoiding the Section 5. Powers and duties of the village
need for a referendum vote to amend the Charter to conform manager.
to Ordinance No. 2006-23."
The Village Manager shall:
ARTICLE IV. ADMINISTRATIVE (a) Appoint, and when he deems it necessary
for the good of the village, suspend or
Section 1. Village manager. remove all village employees and
appointive administrative officers
There shall be a village manager who shall be provided for by or under this charter,
the chief administrative officer of the village. except as otherwise provided by law, this
The manager shall be responsible to the council charter or personnel rules adopted pursu-
for the administration of all village affairs placed ant to this charter. He may authorize
in his charge by or under this charter. any administrative officer who is subject
(Ord. No. 1-76, § 1, 2-19-76) to his direction and supervision to exercise
Supp. No. 68 15
§ 5 NORTH PALM BEACH CODE
these powers with respect to subordinates club and its related activities, in whole or in
in that officer's department, office or part, separate from the office of the Village
agency; Manager and to specify the authority,if any,that
(b) Direct and supervise the administration the Village Manager shall have over employ-
of all departments, offices and agencies ment,management,administration or other mat-
of the village,except as otherwise provided ters in any way connected with the operation of
by this charter or by law; any village owned or operated country club.
(c) Attend all council meetings and shall (Ord. No. 1-76, § 1, 2-19-76)
have the right to take part in discussion
but may not vote; Section 7. Village clerk.
(d) See that all laws,provisions of this charter
and acts of the council, subject to enforce-
ment by him or by officers subject to his responsible to the council for the proper
direction and supervision, are faithfully administration of all affairs of the village coming
executed; under the clerk's control as defined in Article IV,
Section 10.
(e) Prepare and submit the annual budget, (Ord. No. 38-2002, § 1, 12-12-02)
budget message, and capital program to Editor's note—Ord. No. 38-2002, § 1, adopted Dec. 12,
the council in a form provided by 2002, repealed Art. IV, § 7, in its entirety and enacted new
ordinance; provisions to read as herein set out. Prior to amendment§7
(f) Submit to the council and make available pertained to similar subject matter and derived from Ord.
No. 1-76, § 1, adopted Feb. 19, 1976.
to the public a complete report on the Ord. No. 38-2002, was passed by vote in an election held
finances and administrative activities of March 11, 2003.
the village as of the end of each fiscal
year;
Section 8. Appointment; removal;
(g) Make such other reports as the council compensation of village clerk.
may require concerning the operations of
village departments, offices and agen- (a) Appointment. The council shall appoint a
cies, subject to his direction and supervi- village clerk for an indefinite term by a majority
sion; vote of all the council members.
(h) Keep the council fully advised as to the
financial condition and future needs of (b) Removal. The council may remove the
the village and make such recommenda- clerk by a majority vote of all the council members,
tions to the council concerning the affairs and the clerk shall hold office at the pleasure of
of the village as he deems desirable; the council.
(i) Sign contracts on behalf of the village
pursuant to the provisions of appropria- (c) Compensation. The compensation of the
tions ordinances; clerk shall be fixed by the council.
(Ord. No. 38-2002, § 2, 12-12-02)
(j) Perform such other duties as are speci- Editor's note—Ord. No. 38-2002,was passed by vote in
fied in this charter or may be required by an election held March 11, 2003.
the council.
(Ord. No. 1-76, § 1, 2-19-76) Section 9. Vacancy in the office of clerk.
Section 6. Country club administrator. During any vacancy in the office of village
The council shall have the power by ordinance clerk, the deputy village clerk shall assume the
to provide for the management and/or administra- duties of the village clerk. If there is no deputy
tion of any village owned or operated country village clerk, the council may designate any
Supp. No. 68 16
CHARTER §4
competent person, except the mayor or any nonpartisan basis without regard for or designa-
member of the council, to execute the functions tion of political party affiliation of any nominee
of the office of village clerk. on any nomination petition or ballot.
(Ord. No. 38-2002, § 3, 12-12-02) (Ord. No. 1-76, § 1, 2-19-76)
Editor's note—Ord. No. 38-2002,was passed by vote in
an election held March 11, 2003. Section 2. Qualifications.
Section 10. Powers and duties of the vil- Candidates for the office of village councilman
lage clerk. shall qualify for such office by the filing of a
The powers and duties of the village clerk are written notice of candidacy with the designated
and shall be: official at such time and in such manner as may
(a) To attend all official meetings of the council be prescribed by ordinance.
in person or by deputy and keep minutes of its (Ord. No. 1-76, § 1, 2-19-76)
proceedings, which, after being approved, shall Section 3. Form of ballots.
be engrossed in a well-bound book, or other
permanent record, and signed by the village The council by ordinance shall prescribe the
clerk. method for listing candidates for village council
(b) To be the custodian of the Village Seal and elections and any other village election. A charter
of all records and papers of a general or permanent amendment to be voted on by the village shall be
character pertaining to the affairs of the presented for voting by ballot title. The ballot
municipality. title of a measure may differ from its legal title
and shall be a clear, concise statement describing
(c) To attest all executory contracts made in the substance of the measure without argument
behalf of the village as evidence of the authoriza- or prejudice.
tion of such contracts by the council; and no (Ord. No. 1-76, § 1, 2-19-76; Ord. No. 39-2002,
executory contracts made in behalf of the village § 1, 12-12-02)
or to which the village is a party shall be valid Editor's note—Ord. No. 39-2002,was passed by vote in
unless attested by the village clerk. an election held March 11, 2003.
(d) To preserve, file and index all contracts to Section 4. General and runoff election.
which the village is a party,which file and record
shall be open to the inspection of all interested Whenever a general or special election is held
persons at all reasonable times, in the clerk's to fill any elective office in the Village of North
office. Palm Beach, the candidate receiving a majority
(e) To furnish the council at any time such of the votes cast at such election to fill such office
reports, data and information as may be neces- shall be declared to be duly elected; provided
sary to fully inform the Council as to the affairs that in the event no candidate for a particular
of the village, furnishing the Council regularly elective office shall receive a majority of the
with such detailed reports of the village govern- votes cast at such election to fill such office, then
ment as may be necessary a runoff election shall be held two weeks after
(Ord. No. 38-2002, § 4, 12-12-02) the original election to elect a candidate to fill
Editor's note—Ord. No. 38-2002,was passed by vote in such office; provided further that in such event
an election held March 11, 2003. only the names of the two candidates having
received the greatest number of votes in the
election for such office shall be submitted to the
ARTICLE V. QUALIFICATIONS AND voters and the one receiving the majority number
ELECTIONS of votes in such runoff election shall be declared
to be duly elected to such office;provided further
Section 1. Nonpartisan elections. that should two or more candidates receive an
All qualifications and elections for the office of equal number of votes to any such office, so that
village councilman shall be conducted on a it cannot be determined which two had received
Supp. No. 68 17
§4 NORTH PALM BEACH CODE
the greatest and the next greatest number of Section 3. Rights of officers and employees.
votes, then the names of all such candidates
shall be submitted at the runoff election and the Nothing in this charter except as otherwise
candidate receiving the greatest number of votes specifically provided shall affect or impair the
rights or privileges of persons who are village
at such election shall be declared elected to such
office, regardless of whether such candidate officers or employees at the time of adoption.
Elected officers shall continue to hold their
received a majority of the votes cast to fill such
office at such runoff election. offices and discharge the duties thereof until
their successors are elected.
(Ord. No. 1-76, § 1, 2-19-76)
(Ord. No. 1-76, § 1, 2-19-76)
Section 5. Unopposed candidates. Section 4. Pending matters.
In the event not more than one (1) person All rights, claims, actions, orders, contracts
qualified as a candidate for a designated seat on and legal or administrative proceedings involy-
the village council to be filled at an election, that ing the village shall continue except as modified
seat shall not be listed on the regular village pursuant to the provisions of this charter.
election ballot. Each unopposed candidate shall (Ord. No. 1-76, § 1, 2-19-76)
be deemed to have voted for himself.
(Ord. No. 1-76, § 1, 2-19-76) Section 5. Miscellaneous provisions.
In case any one or more of the sections or
Section 6. Recall. provisions of this Charter or the application of
The qualified voters of the village shall have such sections or provisions to any situation shall
the power to recall and to remove from office any for any reason be held to be unconstitutional,
elected official of the village as provided by such unconstitutionality shall not affect any
general law. other sections or provisions of this Charter or the
(Ord. No. 1-76, § 1, 2-19-76) application of such sections or provisions as to
any other situation and it is intended that this
Charter shall be construed and applied as if such
ARTICLE VI. TRANSITION SCHEDULE unconstitutional section or provision had not
been included herein.
Section 1. Continuation of former charter (Ord. No. 1-76, § 1, 2-19-76)
provisions.
Section 6. Deletion of obsolete schedule
All provisions of Chapter 31481, Laws of items.
Florida,Extraordinary Session 1956, (the former The council shall have power, by resolution, to
charter) as amended by special law or otherwise delete from this article VI any section, including
which are not embraced herein and which are this one, when all events to which the section to
not inconsistent with this charter shall become be deleted is or could become applicable have
ordinances of the village subject to modification occurred.
or repeal in the same manner as other ordinances
(Ord. No. 1-76, § 1, 2-19-76)
of the village.
(Ord. No. 1-76, § 1, 2-19-76) Section 7. Gender
Section 2. Ordinances preserved. Any word importing the masculine gender
shall extend and be applied to females as well as
All ordinances in effect upon the adoption of to males.
this charter, to the extent not inconsistent with (Ord. No. 40-2002, § 1, 12-12-02)
it,shall remain in force until repealed or changed Editor's note—Ord. No. 40-2002,was passed by vote in
as provided herein. an election held March 11, 2003.
(Ord. No. 1-76, § 1, 2-19-76)
[The next page is 651
Supp. No. 68 18
CHARTER COMPARATIVE TABLE
Chapter Disposition
Number Section Article/Section
31481(1956) Art. I I/
73-564 1 II/1
Ordinance Disposition
Number Date Section Article/Section
29-80 10- 9-80 1 III/2
11-86 9-11-86 1 III/11
03-95 2- 9-95 II/1
24-96 7-11-96 II/1
33-96 8-22-96 II/1
20-99 5-27-99 1 II/1
16-2002 5-23-02 1 II/1
27-2002 9-26-02 1 II/1
31-2002 12-12-02 1 Added I.A.
33-2002 12-12-02 1 Added III/5(e)
34-2002 12-12-02 1 IIU9(a)
35-2002 12-12-02 1 /10
36-2002 12-12-02 1 III/11(a)—(c)
Rpld IIU11(d)—(g)
37-2002 12-12-02 1 Added III/12
38-2002 12-12-02 1 Rpld IV/7
Added IV/7
2 Added IV/8
3 Added IV/9
4 Added IV/10
39-2002 12-12-02 1 V/3
40-2002 12-12-02 1 Added IV/7
03-2003 2-13-03 1 II/1
10-2004 7- 8-04 l(Exh. A) II/l
33-2004 12- 9-04 l(Exh. A) II/l
2006-24 11- 9-06 3 Added III/12(note)
2007-04 3- 8-07 2 II/1
2007-05 3- 8-07 2 II/1
2008-10 9-11-08 2(Exh. A) II/l
2010-05 3-11-10 2(Exh. A) II/l
2010-18 10-28-10 2(Exh. A) II/l
2015-06 4- 9-15 2 III/5(c)
[The next page is 771
Supp. No. 68 65
ADMINISTRATION §2-4
Table insets:
Operating Funds (Short-Term Portfolio Permitted Investments:
Authorized Sector Sector Per Issuer Minimum Maturity
Investments Maximum (%) Minimum (%) Maximum (%) Ratings Range
Requirement
Banks — Inter- 8.33% (1/12 of
est-bearing
checking or 100% annual Village 50% N/A N/A
savings operating
accounts budget)
Non-Negotiable 91.67% (11/121h
Certificate of of annual Vil- 0% 33.33% N/A 30 days
Deposits lage operating
budget)
Florida Local Highest Fund
Government Rating by all
Surplus Fund 50% 0% N/A NRSROs who N/A
Trust Funds rate the fund
("Florida (AAAm/Aaa-mf,
Prime") or equivalent)
Highest Fund
Quality and
Volatility
Intergovern- Rating
mental Pools 50% 0% N/A Categories by N/A
(LGIPs) all NRSROs
who rate the
LGIP, (AAAm/
AAAf, SI, or
equivalent
Highest Fund
Rating by all
Money Market 50% 0% 33.33% NRSROs who N/A
Funds (MMFs) rate the fund
(AAAm/Aaa-mf,
or equivalent)
U.S. Treasury 50% 0% N/A N/A 30 days
Highest ST
Commercial Rating
Paper 5% 0% N/A Category (A-1/ 30 Days
P-1, or
equivalent)
Supp. No. 68 138.3
§2-4 NORTH PALM BEACH CODE
Core Funds (Long-Term Portfolio) Permitted Investments:
Sector Sector Maximum Per Issuer Minimum Ratings Maximum
(%) Maximum (%) Requirement' Maturity
U.S. Treasury 100%
GNMA 40% 5.50 Years (5.50
Other
Government 100% N/A Years avg. life for
Go
10% GNMA)
Guaranteed (e.g.
AID, GTC)
Federal Agency/
GSE: FNMA, 40%3
FHLMC, FHLB,
FFCB* 75% N/A 5.50 Years
Federal Agency/
GSE other than 10%
those above
Supranationals Highest ST or Two
where U.S. is a Highest LT Rating
shareholder and 25% 10% Categories (A-1/ 5.50 Years
P-1, AA-/Aa3, or
voting member equivalent)
Highest ST or
Three Highest LT
Corporates 50%2 5% Rating Categories 5.50 Years
(A-1/P-1, A-/A3 or
equivalent)
Highest ST or
Three Highest LT
Municipals 25% 5% Rating Categories 5.50 Years
(SP-1/MIG 1,
A-/A3, or
equivalent)
Agency Mortgage-
Backed Securities 25% 40%3 N/A 5.50 Years Avg.
(MBS)
Life4
Highest ST or LT
Asset-Backed Rating (A-1+/P-1, 5.50 Years Avg.
Securities (ABS) 25% 5% AAA/Aaa, or Life4
equivalent)
Non-Negotiable
Certificate of None, if fully col- None, if fully col-
Deposit or Savings 50% lateralized lateralized. 2 Years
Accounts
Commercial Paper 2 Highest ST Rating
(CP) 50% 5% Category (A-1/P-1, 270 Days
or equivalent)
Supp. No. 68 138.4
ADMINISTRATION §2-4
Sector Sector Maximum Per Issuer Minimum Ratings Maximum
(%) Maximum (%) Requirement 1 Maturity
Highest Fund
Rating by all
Money Market 50% 25% NRSROs who rate N/A
Funds (MMFs) the fund (AAAm/
Aaa-mf, or
equivalent)
Highest Fund
Quality and
Volatility Rating
Intergovernmental 50% 25% Categories by all N/A
Pools (LGIPs) NRSROs who rate
the LGIP, (AAAm/
AAAf, S1, or
equivalent)
Florida Local Highest Fund
Government Rating by all
Surplus Funds 25% N/A NRSROs who rate N/A
Trust Funds the fund (AAAm/
("Florida Prime") Aaa-mf, or
equivalent)
Notes:
1 Rating by at least one (1) SEC-registered Nationally Recognized Statistical Rating Organization
("NRSRO"), unless otherwise noted. ST=Short-term; LT=Long-term.
2 Maximum allocation to all corporate and bank credit instruments is fifty (50) percent combined.
3 Maximum exposure to any one (1) Federal agency, including the combined holdings of Agency debt
and Agency MBS, is forty (40) percent.
4 The maturity limit for MBS and ABS is based on the expected average life at time of settlement,
measured using Bloomberg or other industry standard methods.
* Federal National Mortgage Association (FNMA); Federal Home Loan Mortgage Corporation
(FHLMC); Federal Home Loan Bank or its District banks (FHLB); Federal Farm Credit Bank
(FFCB).
0) Risk and diversification. Assets held shall creditworthiness. Authorized staff shall only
be diversified to control the risk of loss resulting purchase securities from financial institutions,
from the over-concentration of assets in a specific which are qualified as public depositories by the
maturity, issuer, instrument, dealer, or bank Treasurer, or Chief Financial Officer of the State
through which these instruments are bought of Florida, "Primary Dealers" as designated by
and sold. Diversification strategies shall be the Federal Reserve Bank of New York, or from
reviewed and revised periodically as deemed direct issuers of commercial paper.
necessary by the chief financial officer. The village's investment advisor shall utilize
(k) Authorized investment institutions and and maintain its own list of approved primary
dealers. A list will be maintained of financial and non-primary dealers.
institutions authorized to provide investment (1) Third-party custodial agreements.All securi-
services. In addition,a list also will be maintained ties purchased by the village shall be properly
of approved security brokers/dealers selected by designated as an asset of the village and shall be
Supp. No. 68 138.5
§2-4 NORTH PALM BEACH CODE
held in an account separate and apart from the (o) Internal controls.
assets of the financial institution. A third party (1) The chief financial officer shall establish
custodian is defined as any bank depository and maintain a written system of internal
chartered by the Federal Government, the State controls made a part of the village's
of Florida, or any other state or territory of the operational procedures. The internal
United States which has a branch or principal controls shall be designed to prevent
place of business in the State of Florida as losses of funds, which might arise from
defined in Section 658.12,Florida Statutes, or by fraud, employee error, misrepresentation
a national association organized and existing by third parties, or imprudent actions by
under the laws of the United States which is employees of the village. No person shall
authorized to accept and execute trusts and engage in an investment transaction
which is doing business in the State of Florida. except as authorized in this policy.
Certificates of deposits will be placed in the
provider's safekeeping department for the term (2) Independent auditors, as a normal part
of the deposit. The third-party custodian will be of the annual financial audit to the vil-
required to designate all securities held as assets lage, shall conduct a review of the system
of the village. No withdrawal of securities, in of internal controls to ensure compliance
whole or in part,shall be made from safekeeping, with policies and procedures as may be
except by the chief financial officer, or his/her required by the village.
respective designees. Securities transactions (p) Continuing education. The chief financial
between a broker-dealer and the custodian involv- officer shall complete eight (8) hours of continu-
ing purchase or sale of securities by transfer of ing education annually in subjects or courses
money or securities must be made on a "delivery related to investment practices and products.
vs. payment" basis, if applicable, to ensure that
the custodian will have the security or money, as (q) Reporting. The chief financial officer or his
appropriate, in hand at the conclusion of the or her respective designee shall prepare a
transaction. Securities held as collateral shall be quarterly investment report,which shall include
held free and clear of any liens. securities in the portfolio by class and type,
acquisition cost, income earned, yield, maturity
(m) Master repurchase agreement.All approved date and market value as of the report date. The
institutions and dealers transacting repurchase report will be provided to the legislative and
agreements shall execute and perform as stated governing body of the village and shall be avail-
in the Securities Industry and Financial Markets able to the public.
Association (SIFMA) master repurchase agree-
ment. All repurchase agreement transactions (r) Securities; disposition. Every security
shall adhere to the requirements of the SIFMA purchased on behalf of the Village must be
master repurchase agreement. properly earmarked and:
(n) Bid requirement. An appropriate maturity (1) If registered with the issuer or agents,
date will be determined for each investment must be immediately placed for safekeep-
based on cash-flow needs and market conditions. ing in a location that protects the vil-
Based on these considerations,the chief financial lage's interest in the security;
officer will analyze and select one (1) or more (2) If in book entry form, must be held for
optimal types of investments, and a minimum of the credit of the governing body by a
three (3) reputable, qualified and financially depository chartered by the federal govern-
sound banks and/or dealers must be contacted ment, the state, or any other state or
and asked to provide bids on the securities in territory of the United States which has
question when feasible and appropriate. Except a branch or principal place of business in
as otherwise required by law, the bid deemed to the state as defined in Florida Statutes
best meet the investment objectives specified in section 658.12, or by national association
subsection (c) must be selected. organized and existing under the laws of
Supp. No. 68 138.6
ADMINISTRATION §2-17
the United States which is authorized to Authorized signatories are the chief financial
accept and exercise trusts and which is officer,the village manager and the village mayor.
doing business in the state, and must be These individuals are also authorized to initiate
kept in the depository in an account wire transfers for the village. All investment
separate and apart from the assets of the transactions require approval by two (2) of the
financial institution, or depository signatories.
(3) If physically issued to the holder but not (v) The chief financial officer shall review the
registered with the issuer or its agents, investment policy annually and, if necessary,
must be immediately placed for safekeep- present modifications to the village council for
ing in a secured vault. approval.
(Ord. No. 31-95, § 1, 10-26-96;Ord. No. 15-2001,
(s) Sale of securities. When invested funds are §§ 1, 2, 6-28-01; Ord. No. 2008-17, § 2, 11-13-08;
needed in whole or in part for the purposes Ord. No. 2012-04, § 2, 5-10-2012; Ord. No.
originally intended or for more optimal invest- 2013-07, § 2, 4-11-13; Ord. No. 2014-14, § 2,
ments, the chief financial officer may sell such 12-11-14; Ord. No. 2018-01, § 2, 1-11-18)
investments at the then-prevailing market price Editor's note—Ord. No. 31-95, adopted Oct. 26, 1996,
and place the proceeds into the proper account or has been codified herein at the discretion of the editor as
fund. §2-4.
(t) Policy considerations.
Secs. 2-5-2-15. Reserved.
(1) Exemptions. Any investment held prior
to the adoption of this policy that does ARTICLE II. COUNCIL*
not meet the guidelines of this policy
shall be exempted from the requirements
of this policy. At maturity or liquidation, DIVISION 1. GENERALLY
such monies shall be reinvested only as
provided by this policy. Sec. 2-16. Compensation.
(2) Amendments. This policy shall be reviewed The compensation of all members elected to
on an annual basis by the village council the village council other than the mayor is
at the "setting of council goals and objet- hereby fixed at the sum of seven hundred fifty
tives" session of the annual budget. The dollars ($750.00) per month. The compensation
village council must approve any changes. of the mayor is hereby fixed at the sum of nine
(u) Delegation of authority. The finance direc- hundred dollars ($900.00) per month.
for is the chief financial officer of the village and (Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78;
is responsible for investment decisions and activi- Ord. No. 2-88, § 1, 1-14-88; Ord. No. 16-97, § 1,
ties. No person may engage in an investment
3-13-97; Ord. No. 29-99, § 1, 8-26-99; Ord. No.transaction except as provided under the terms 2006-17, § 1, 9-14-06)Charter reference—Compensation,Art. III, §4.
of this policy and the procedures established
hereunder.
Sec. 2-17. Regular meetings—When held.
Nothing set forth herein shall preclude the vil-
lage from utilizing an investment advisor to The regular meetings of the village council
assist in managing the village's portfolio. Such shall held on the second and fourth Thursdays
investment advisor must be registered under the of eachh month.
Investment Advisor's Act of 1940. The invest-
ment advisor may invest funds on behalf of the Charter reference—Meetings procedure,Art. III,§9(a).
village in accordance with the mandates of this *Charter reference—Legislative provisions generally,
investment policy. Art. III.
Supp. No. 68 138.7
§2-18 NORTH PALM BEACH CODE
Sec. 2-18. Same—Presiding officer. (2) Invocation;
(a) The mayor shall preside at all meetings, if
present, and in his absence, the vice-mayor. In (3) Pledge of allegiance;
the absence of both the mayor and vice-mayor,
the president pro tem shall preside. (4) Awards and recognition;
(b) The presiding officer shall preserve order (5) Approval of minutes;
and decorum. He shall appoint all committees
unless the council shall otherwise direct. (6) Council business matters:
(c) Terms of mayor. No person may serve
more than one-year term as mayor of the village. a. Statements from the public, peti-
A person who served as mayor of the village for tions and communications;
one (1) term shall not serve as mayor during the
following council year,but beginning one (1)year b. Declaration of ex parte communica-
after termination of his one-year term as mayor tions;
of the village, he may again serve as mayor for a C. Public hearings and quasi-judicial
period not to exceed one (1) year. matters;
(Code 1970, § 2-9; Ord. No. 218-70, § 1; Ord. No.
8-82, § 1, 4-22-82) d. Consent agenda;
Sec. 2-19. Adjournment of all meetings. e. Other village business matters;
All regular meetings, special meetings and
workshop meetings for the village council shall f. Council and administration mat-
be adjourned on or before 11:00 p.m. on the date ters;
when the meeting convened. In the event there 1. Mayor and council matters/
is pending business on the floor at 11:00 p.m. reports;
during one (1) of the meetings, the chair shall at
that time entertain a motion that the meeting be 2. Village manager matters/
reconvened at a time and date certain, but upon reports;
failure of the council to agree upon such motion,
the meeting shall be adjourned and the business (7) Reports(special committees and advisory
pending at the time of adjournment shall be the boards);
first item on the agenda of the next meeting of
the village council pertaining thereto. (8) Adjournment.
(Ord. No. 24-79, § 1, 11-8-79) (Code 1970, § 2-17; Ord. No. 6-74, § 1; Ord. No.
22-96, § 1, 6-13-96; Ord. No. 14-98, § 1, 6-25-98;
Secs. 2-20-2-25. Reserved. Ord. No. 03-2005, § 1, 2-10-05)
DIVISION 2. RULES OF PROCEDURE* Sec. 2-27. Parliamentary rules.
Sec. 2-26. Order of business.
The presiding officer, when the council is in
The following order shall be observed in the session, shall enforce parliamentary rules for its
transaction of business, but such order may be government so far as they are applicable to such
varied by unanimous consent of the councilmen legislative body.
present: (Code 1970, § 2-19)
(1) Roll call;
*Charter reference—Authority to determine rules of
procedure,Art. III, §9(b). Secs. 2-28-2-38. Reserved.
Supp. No. 68 138.8
ADMINISTRATION §2-41
ARTICLE III. ADMINISTRATIVE CODE discharge of his or her duties, which oath shall
be subscribed by the person taking it and shall
DIVISION 1. GENERALLY be filed and preserved in the office of the village
clerk:
Sec. 2-39. Definition. (1) Officers. The village manager and each
As used in this article, unless the context department head.
otherwise requires: (2) Law enforcement officers. Every member
Chief administrator or administrator is the of the police department (including any
village manager. private, special, temporary or substitute
(Code 1970, § 2-31) law enforcement officer which the village
might find it necessary to appoint).
Sec. 2-40. Departmental organization. (b) Form of oath for the chief administrator
(a) The administrative service of the village and officers. The following shall be the form of
shall be divided under the administrator into the oath for the chief administrator and officers:
following departments and heads thereof: State of Florida )
(1) Department of finance,director of finance. County of Palm Beach ) ss.
(2) Department of law enforcement (police Village of North Palm )
department), chief of police. Beach
(3) Department of fire rescue, fire chief. I, do solemnly
(4) Department of public works, director of swear that I will support the Constitution of
the United States, the Constitution of the
public works. State of Florida, and the Charter and Code of
(5) Department of community development, the Village of North Palm Beach; that I will
director of community development. faithfully, honestly and impartially discharge
(6) Department of recreation, director of my duties as during
my continuance therein;that I am not directly
recreation. or indirectly pecuniarily interested in any
(7) Department of library, librarian. public service corporation engaged in business
(b) In addition,there shall be a department of in the Village of North Palm Beach, or in or
records headed by the village clerk under the with any person or corporation having contracts
village council, which department shall be with said Village, so help me God.
coordinated into the administrative service and
cooperate with the administrator so as to
coordinate the entire administrative service of Subscribed and sworn to before me this
the village. day of , 19
(Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75;
Ord. No. 44-97, § 1, 10-9-97; Ord. No. 30-2001, (c) Form of oath for members of police depart-
2, 10-11-01; Ord. No. 2006-24, § 2.A, 11-9-06; went. The following shall be the form of oath for
Ord. No. 2011-21, § 3, 11-10-11) the members of the police department:
Cross references—Country club, Ch. 9;library, Ch. 16;
parks, playgrounds and recreation, Ch. 20; police, Ch. 23; State Of Florida )
streets, sidewalks and public places, Ch. 24. County of Palm Beach ) ss.
Village of North Palm )
Sec. 2-41. Oaths of office. Beach
(a) Each of the following officers and employees I, do solemnly
in the administrative service shall be required to swear that I will support the Constitution of
take an oath of office before entering upon the the United States, the Constitution of the
Supp. No. 68 138.9
§2-41 NORTH PALM BEACH CODE
State of Florida and the Charter and Code of (b) Department heads. The heads of depart-
the Village of North Palm Beach; and that I ments shall:
will,to the best of my ability,faithfully perform
the duties of the officer of Law Enforcement (1) Responsibility to village manager. The
Officer during my continuance therein, so heads of departments, including the
country club administrator, shall be
help me God. immediately responsible to the village
manager for the effective administration
of their
Subscribed and sworn to before me this
day of , 20
Notary Public
(Code 1970, § 2-33; Ord. No. 2011-21, § 3,
11-10-11)
Sec. 2-42. Bonds required of certain officers.
The following named village officials shall
each, before entering upon the duties of their
respective offices, give a good and sufficient
surety company bond to the village,duly approved
by the village attorney, and conditioned upon the
faithful performance and discharge of their respec-
tive duties, and for the proper application and
payment of all money or property coming into
their hands by virtue of their offices in the
following amounts:
(1) Village manager, two hundred thousand
dollars ($200,000.00).
(2) Finance director, two hundred thousand
dollars ($200,000.00).
(3) Village clerk, ten thousand dollars
($10,000.00).
(4) Village tax collector, two hundred
thousand dollars ($200,000.00).
(5) Country club manager or country club
administrator,two hundred thousand dol-
lars ($200,000.00).
(Code 1970, § 2-34; Ord. No. 23-96, § 1, 6-13-96;
Ord. No. 30-2001, § 3, 10-11-01)
Sec. 2-43. Policy and procedures.
(a) Officers. Each officer shall perform all
duties required of his office by state law, the
charter, the Code of the village, and such other
duties not in conflict therewith as may be required
by the village manager.
Supp. No. 68 138.10
APPENDIX C—ZONING §45-25
(4) The applicant must to the fullest extent emergency generator. Existing automotive service
practicable, demonstrate to the village stations shall be required to install permanent
that the antenna tower and accessory emergency generators whenever such service
equipment buildings will be screened station is rebuilt after being destroyed to an
from view by architectural features, extent of more than fifty (50) percent of its
landscaping, existing natural vegetation, assessed value or whenever a revised site plan
or will be aesthetically designed to blend for such service station is submitted for approval
into and harmonize with the area or which enlarges upon or alters in any way the
location surrounding the antenna or original site plan for that service station. All
antenna tower site in accordance with others shall have a transfer installed within two
the village of North Palm Beach Appear- (2) years of the passage of this section, to allow
ante Plan. for a portable generator to be easily connected to
(5) Antenna or antenna towers shall not be the service station. For the purposes of this
artificially lighted except as required for section, an automotive service station means any
public safety purposes, or by the Federal commercial establishment engaged in the retail
Aviation Administration (FAA). Signage sale of gasoline.
shall not be allowed except as required (Ord. No. 2006-22, § 2, 9-14-06)
for public safety purposes, or by the
Federal Communications Commission Sec. 45-24. Group living facilities.
(FCC). All community residences providing personal
(6) To the extent not in conflict with the care, community residential homes, and assisted
provisions described above, any proposed living facilities shall be required to obtain a
antenna or tower or accessory equipment business tax receipt from the village in accordance
building will be subject to all applicable with the provisions of chapter 17 of this Code
village codes and regulations. and are subject to the annual fire safety inspec-
(Ord. No. 12-97, § 1, 2-27-97; Ord. No. 2015-11, tion set forth in section 12-17 of this Code.
§ 3, 6-25-15) (Ord. No. 2017-22, § 2, 12-14-17)
Editor's note—Section 45-21,relative to oceanfront land
in the R-1 district,has been repealed by Ord. No. 4-82, § 1, Sec. 45-25. Reasonable accommodation
enacted Jan. 28, 1982. The former section did not bear a
history note. Subsequently,Ord. No. 12-97,§ 1,adopted Feb. procedure.
27, 1997 added new provisions pertaining to telecommunica-
tions antenna and antenna towers as herein set out. (a) Purpose and general provisions.
Sec. 45-22. Oceanfront land—Ocean (1) This procedure addresses requests for
reasonable accommodation to the Vil-
setback. lage's zoning or land development
There shall be a building setback line of not ordinances,rules,policies,and procedures
less than fifty(50)feet from the dune line, or one for persons with disabilities and facili-
hundred (100) feet from the highwater line, ties serving them as provided by the
whichever distance is greater, for all property Federal Fair Housing Amendments Act
bordering on the Atlantic Ocean. The measure- (42 U.S.C. 3601 et seq.) ("FHA"), Title 11
ment of the setback from the dune line and the of the Americans with Disabilities Act
highwater line shall be to the closest edge of any (42 U.S.C. Section 12131 et seq.)("ADA"),
building to be constructed on the Atlantic and other applicable state and federal
oceanfront. regulations.
(Ord. No. 23-72, § 1)
(2) The following general provisions shall be
Sec. 45-23. Emergency generators required applicable:
for automotive service stations. a. The Village shall display a notice in
All newly constructed automotive service sta- the Village's public notice bulletin
tions shall have a permanently installed board (and shall maintain copies
Supp. No. 68 2488.7
§45-25 NORTH PALM BEACH CODE
available for review in the Village ing community residence so that
Clerk's Office) advising the public the proposed community residence
that disabled individuals and qualify- neither lessens nor interferes with
ing entities may request reasonable the normalization and community
accommodation as provided herein. integration of the residents of exist-
b. A disabled individual or qualifying ing community residences and does
entity may apply for a reasonable not, taking into account existing
accommodation on his/her or its own community residences,contribute to
behalf or may be represented at all the creation or intensification of a
stages of the reasonable accommoda- de facto social service district.
tion process by a person designated b. The community residence operates
in writing by the disabled individual as the functional equivalent of a
or qualifying entity. family that fosters normalization
C. The Village shall provide assistance and community integration of its
and accommodation as is required residents.
pursuant to the FHA and ADA in C. The community residence operates
connection with a disabled person's in a manner consistent with state
request for reasonable accommoda- licensing or certification standards
tion, including, without limitation, for recovery residences and affords
assistance with reading application the individuals with disabilities
questions, responding to questions, residing therein sufficient protec-
and completing the necessary forms tion from abuse, exploitation,fraud,
to ensure the process is accessible. theft, insufficient support, use of
(b) Definitions. For purposes of this chapter, a illegal drugs or alcohol, and misuse
"disabled" individual or person is an individual of prescription medications.
that qualifies as disabled and/or handicapped
under the FHA, ADA or other state and federal (3) The Community Development Director,
regulation. Any person who is disabled ora or his/her designee,shall have the author-
qualifying entity serving disabled persons may ity to consider and make a recommenda-
request areasonable accommodation with respect tion to the Village Council on requests
Com-
to the Village's land use or zoning laws, rules, for reasonable accommodation. The Com-
policies, practices and/or procedures as provided munity Development Director, or his/her
by the FHA, ADA and other state and local designee, shall issue a written recom-
regulations pursuant to the procedures set out mendation within forty-five(45)calendar
herein. days of the date of receipt of a completed
application and may recommend:
(c) Procedure.
(1) A request by an applicant for reasonable a. Granting the accommodation
request;
accommodation shall be made in writing
by completion of a reasonable accommoda- b. Granting a portion of the request
tion request form. The form shall be and denying a portion of the request,
maintained by, and shall be submitted to, and/or imposing conditions upon the
the Community Development Depart-
ment. C. Denying the request.
(2) All applications for a community residence If reasonably necessary to reach a recom-
not licensed or certified by any state mendation on the request for reasonable
agency shall demonstrate that it meets accommodation,the Community Develop-
each of the following: ment Director, or his/her designee, may,
a. The community residence is located prior to the end of said 45-day period,
a sufficient distance from any exist- request additional information from the
Supp. No. 68 2488.8
CODE COMPARATIVE TABLE
Adoption Section
Ord. No. Date Section this Code
2014-13 12-11-14 2 Added Ch. 6,Art. IV, §§6-
72-6-86
2014-14 12-11-14 2 2-4
2015-03 3-12-15 2 Added Ch. 17,Art. VIII,
§§ 17-81-17-94
2015-04 4- 9-15 2 Added 19-12
2015-05 4- 9-15 2 2-159(b)
3 2-163(a)(1)
2015-07 4-23-15 2 14-30(4)
2015-10 6-11-15 2 App. C, §45-2
3 Added App. C, §45-32 A.9.,
C.2.
App. C, §45-32 E.7.
Added App. C, §45-32 F.3.
4 App. C, §45-35.1
IIA.8.
2015-11 6-25-15 2 App. A, §III
3 App. C, §45-21(2)b.
4 Added App. C, §45-38
2015-12 6-25-15 2 Ch. 2,Art. III,Div.
5(Tit.)
2-76(b),(c)
2015-13 7-23-15 2 Added App. C, §45-16.2
3 21-3(a)
2015-19 11-12-15 1 5-1
Added 5-18
5-19-5-25
2015-20 11-12-15 2 45-36 N.
2015-22 12-10-15 2 19-99
2016-06 5-12-16 2 Rpld Ch. 24,Art. IL Divs.
1,2, §§24-16-26-
20,26-28, 26-29
Added Ch. 24,Art. IL
§§24-16-24-27
2016-07 9- 8-16 2 Added 18-33
3 18-35
4 Added 18-35.1
5 2-173
2017-02 1-12-17 2 2-151(a), (b)
2017-03 1-26-17 2 Rpld Ch. 29, §§29-1-
29-16
Added Ch. 29, §§29-1-
29-20
2017-11 8-24-17 2 Rpld Ch. 12,Arts. I—III,
§§ 12.5-1-12.5-11,
12.5-21-12.5-24,
12.5-41-12.5-45
Added Ch. 12.5,Arts.
I—III, §§ 12.5-1-
12.5-8, 12.5-21, 12.5-
31-12.5-37
3 Added 6-21
2017-13 9-28-17 2 Added Ch. 27,Art. IV,
§§27-71-27-84
2017-18 10-12-17 2 10-5
2017-21 12-14-17 2 45-2
3 45-38B., C.,D.24
Supp. No. 68 2895
NORTH PALM BEACH CODE
Adoption Section
Ord. No. Date Section this Code
Added 45-34
2017-22 12-14-17 2 45-2
Added 45-24,45-25
2017-23 12-14-17 2 Added 45-36D-3.
2017-24 12-14-17 2 12-16(a), (b)
3 Rpld 15-1, 15-2
Added 15-1-15-6
Added 15-21-15-27
2018-01 1-11-18 2 2-4(i)
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Supp. No. 68 2896