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Code of Ordinances Supplement 41SUPPLEMENT NO. 41 May 2009 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. 2009-05, adopted May 14, 2009. See the Code Comparative Table for further information. Remove old pages Insert new pages xiii-xvi xiii-xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 945 945 947, 948 947-951 2481-2486.7 2481-2486.10 2891 2891 2935, 2936 2943, 2944 2947, 2948 2951, 2952 2935, 2936 2943-2944.1 2947, 2948 2951-2952.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com 'FABLE OF CONPENPS Contd. Chapter Page 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. Fire Division ............................... 726 Div. 1. Generally ............................... 726 Div. 2. Personnel ............................... 727 Div. 3. Equipment .............................. 727 Div. 4. Reserved ................................ 728 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances ........... 728 12.5 Flood Damage Prevention .............................. 777 Art. I. In General ................................... 779 Art. II. Administration .............................. 783 Art. III. Provisions for Flood Hazard Reduction ....... 786 13. Reserved ............................................... 839 14. Health and Sanitation .................................. 889 Art. I. In General ................................... 891 Art. II. Garbage, Trash and Refuse .................. 891 Div. 1. Generally ............................... 891 Div. 2. Garbage Collection and Disposal .......... 891 Div. 3. Reserved ................................ 892 Art. III. Reserved ................................... 892 Art. IV. Abatement of Public Nuisances on Private Prop- erty ........................................ 893 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. 41 Xjjj NOR'PH PALM BEACH CODE Chapter Page Art. II. Local Business Tax .......................... 1057 Art. III . Businesses Located Outside Village Limits ... 1060.4 Art. IV. Reserved ................................... 1063 Art. V. Ambulances ................................. 1063 Art. VI. Garage and Other Sales ..................... 1063 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 ............. 1175 19. Offense s and Miscellaneous Provisions ................... 1225 Art. I. In General ................................... 1227 Art. II. Sexual Offenders and Sexual Predators ....... 1228 Art. III . Offenses Against Property ................... 1228.1 Art. IV. Offenses Against Public Morals .............. 1228.1 Art. V. Offenses Against Public Peace ................ 1229 Art. VI. Noise Control .............................. 1229 Art. VII. Reserved .................................. 1235 Art. VIII. Weapons ................................. 1235 Art. IX. Water Shortage Emergencies ................ 1236 Art. X. Alarms ..................................... 1238 Art. XI. Wellf"ield 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 ....................... 1346 Art. III . Board of Adjustment ........................ 1347 Art. IV. Concurrency Management ................... 1349 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. Excavations ................................. 1519 Div. 1. Generally ............................... 1519 Div. 2. Permit .................................. 1520 Supp. No. 41 ~p 'FABLE OF CONPENPS Contd. Chapter Page Art. III . Sidewalks and Driveways ................... 1520 Div. 1. Generally ............................... 1520 Div. 2. Permits ................................. 1522 25. Swimm ing Pools ........................................ 1573 Art. I. In General ................................... 1575 Art. II. Reserved ................................... 1575 Art. III . Reserved ................................... 1576 26. Taxatio n .. ............................................. 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 a nd Shrubbery .................................... 1681 Art. I. In General ................................... 1683 Art. II. Trees in Swale Areas ........................ 1683 Art. III . Landscaping ............................... 1684 Div. 1. Generally ............................... 1684 Div. 2. Reserved ................................ 1686 Div. 3. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas ................................... 1686 28. Use of Rights-Of--Way for Utilities ....................... 1739 29. Telecommunications .................................... 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 ................................... 2485 Art. III. District Regulations ........................ 2486.6 Arts. IV, V. Reserved ................................ 2515 Art. VI. Amendments-Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises .............................................. 2619 Statutory Reference Table .................................... 2819 Code Comparative Table-1970 Code ......................... 2869 Supp. No. 41 XV NOR'PH PALM BEACH CODE Page Code Comparative Table-Laws of Florida .................... 2873 Code Comparative Table-Ordinances ........................ 2875 Charter Index ............................................... 2933 Code Index ................................................. 2935 Supp. No. 41 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 apage-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 1 77 OC iii 1 79, 80 OC v, vi OC 81, 82 25 vii, viii OC 83 25 ix OC 133 33 x.i, x.ii 1 134.1, 134.2 34 x.iii 1 134.3, 134.4 39 xi, xii 39 134.5, 134.6 39 xiii, xiv 41 135, 136 39 xv, xvi 41 137, 138 39 1 25 138.1, 138.2 33 3, 4 25 138.3 30 5, 6 25 139, 140 34 7, 8 25 140.1, 140.2 28 9, 10 29 141, 142 33 10.1, 10.2 38 142.1 33 10.3 38 143, 144 31 11, 12 25 144.1, 144.2 36 13, 14 25 145, 146 36 15, 16 33 146.1 36 16.1 33 147, 148 32 17, 18 25 148.1 32 19 25 149, 150 29 65 38 151, 152 39 Supp. No. 41 [1] NOR"I'H PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 153, 154 39 403 OC 155, 156 39 453 OC 156.1, 156.2 39 455, 456 22 156.3 39 507 22 157, 158 35 509, 510 33 159, 160 35 511 22 160.1 35 559 36 161, 162 25 561, 562 40 163, 164 36 563 40 164.1 36 615 36 165, 166 25 617, 618 36 167, 168 25 671 2 169 25 673 24 211 OC 695 13 213, 214 19 697 13 263 OC 723 24 265, 266 OC 725, 726 33 267, 268 27 727, 728 5 269 27 729 5 319 29 777 OC 321, 322 17 779, 780 OC 323, 324 33 781, 782 OC 325, 326 32 783, 784 OC 326.1 32 785, 786 OC 327, 328 27 787, 788 OC 329, 330 36 789 OC 331, 332 36 839 OC 332.1 27 889 39 333, 334 32 891, 892 40 335 32 892.1, 892.2 40 381 23 893, 894 39 383, 384 33 945 41 385 24 947, 948 41 398.3, 398.4 7 949, 950 41 398.5, 398.6 40 951 41 398.7, 398.8 40 997 OC 398.9, 398.10 40 999, 1000 22 398.11, 398.12 40 1051 33 398.13, 398.14 40 1053, 1054 31 398.15, 398.16 40 1054.1, 1054.2 31 398.16.1 40 1054.3, 1054.4 31 398.17, 398.18 33 1055, 1056 36 399, 400 OC 1057, 1058 33 401, 402 OC 1059, 1060 33 Supp. No. 41 [2] CHECKLIS"I' OF UP-"I'O-DA"I'E PAGES Page No. Supp. No. Page No. Supp. No. 1060.1, 1060.2 33 1465, 1466 OC 1060.3, 1060.4 33 1517 OC 1060.5 33 1519, 1520 OC 1061, 1062 8 1521, 1522 27 1063,1064 8 1523 27 1121 OC 1573 24 1171 OC 1575, 1576 29 1173,1174 28 1627 9 1175, 1176 36 1629, 1630 27 1177 36 1631 27 1225 31 1681 OC 1227, 1228 37 1683, 1684 33 1228.1 37 1684.1, 1684.2 24 1229, 1230 21 1685, 1686 OC 1231, 1232 21 1687, 1688 17 1233, 1234 33 1689, 1690 17 1235,1236 30 1739 14 1236.1 30 1741, 1742 21 1237,1238 16 1781 21 1239, 1240 33 1783, 1784 21 1241, 1242 33 1785, 1786 33 1289 3 1787,1788 33 1291, 1292 OC 1788.1 33 1293, 1294 29 1789, 1790 21 1295 29 1791,1792 21 1343 4 1793,1794 21 1345, 1346 22 1795, 1796 21 1346.1 22 2043 OC 1347, 1348 29 2045, 2046 33 1349, 1350 33 2046.1 25 1351, 1352 33 2047, 2048 OC 1353, 1354 33 2049, 2050 OC 1355, 1356 33 2051, 2052 OC 1356.1 33 2053 OC 1357, 1358 OC 2353 OC 1359, 1360 33 2355, 2356 OC 1361, 1362 33 2357, 2358 33 1363, 1364 33 2359, 2360 33 1365, 1366 33 2361, 2362 33 1366.1, 1366.2 33 2363, 2364 33 1366.3, 1366.4 33 2364.1 33 1367 5 2365, 2366 OC 1411 OC 2367, 2368 37 1463 OC 2368.1 37 Supp. No. 41 [3] NOR"I'H PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2369, 2370 OC 2510.25, 2510.26 25, Add. 2371, 2372 OC 2510.27, 2510.28 25, Add. 2373, 2374 33 2510.29, 2510.30 25, Add. 2375, 2376 33 2510.31, 2510.32 25, Add. 2377, 2378 33 2510.33, 2510.34 25, Add. 2379 33 2510.35, 2510.36 25, Add. 2479 9 2510.37, 2510.38 25, Add. 2481, 2482 41 2510.39, 2510.40 25, Add. 2483, 2484 41 2510.41, 2510.42 25, Add. 2485, 2486 41 2510.43, 2510.44 25, Add. 2486.1, 2486.2 41 2510.45, 2510.46 25, Add. 2486.3, 2486.4 41 2510.47, 2510.48 25, Add. 2486.5, 2486.6 41 2510.49, 2510.50 25, Add. 2486.7, 2486.8 41 2510.51, 2510.52 25, Add. 2486.9, 2486.10 41 2510.53, 2510.54 25, Add. 2487, 2488 OC 2510.55, 2510.56 25, Add. 2488.1, 2488.2 18 2510.57, 2510.58 25, Add. 2489, 2490 18 2511, 2512 30 2491, 2492 18 2512.1, 2512.2 23 2493, 2494 18 2512.3, 2512.4 33 2495, 2496 18 2512.5, 2512.6 33 2497, 2498 32 2512.7 33 2499, 2500 32 2513, 2514 OC 2500.1 32 2515, 2516 22 2501, 2502 25 2517, 2518 22 2503, 2504 28 2619 38 2504.1, 2504.2 29 2819, 2820 36 2504.3 28 2869, 2870 OC 2505, 2506 10 2871 OC 2507, 2508 13 2873 OC 2509, 2510 32 2875, 2876 OC 2510.1, 2510.2 32 2877, 2878 OC 2510.2.1 32 2879, 2880 OC 2510.3, 2510.4 25, Add. 2881, 2882 14 2510.5, 2510.6 25, Add. 2883, 2884 14 2510.7, 2510.8 25, Add. 2885, 2886 19 2510.9, 2510.10 25, Add. 2887, 2888 25, Add. 2510.11, 2510.12 25, Add. 2889, 2890 33 2510.13, 2510.14 25, Add. 2891 41 2510.15, 2510.16 25, Add. 2933, 2934 25 2510.17, 2510.18 25, Add. 2935, 2936 41 2510.19, 2510.20 25, Add. 2937, 2938 39 2510.21, 2510.22 25, Add. 2938.1 39 2510.23, 2510.24 25, Add. 2939, 2940 37 Supp. No. 41 [4] CHECKLIS"I' OF UP-"I'O-DA"I'E PAGES Page No. Supp. No. 2941, 2942 36 2943, 2944 41 2944.1 41 2945, 2946 39 2947, 2948 41 2949, 2950 36 2951, 2952 41 2952.1 41 2953, 2954 36 2955, 2956 39 2957, 2958 36 2959, 2960 36 Supp. No. 41 [5] 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 seq.; 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-O1) Cross references-Restrictions on living aboard house- boats, § 5-15; building, gas, mechanical and plumbing codes adopted, § 6-16; electrical code adopted § 11-ll; 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 § 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. Supp. No. 41 947 § 15-2 307.4. Care of Premises. NOR'PH 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 nine (9) 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. 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 (25) 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. 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-O1; Ord. No. 23-2003, §§ 1, 2, 9-11-03; Ord. No. 2006-24, § 2.F, 11-9-06) Supp. No. 41 948 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. § 15-14 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 asingle-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, 5-14-09) 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 amulti-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 Supp. No. 41 949 § 15-14 NOR'PH PALM BEACH CODE 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 improved 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 aproperty 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, 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. Supp. No. 41 950 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-inch 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. (f7 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 § 15-18 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. 2009-05, § 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, 5-14-09) ('Phe next page is 9971 Supp. No. 41 951 APPENDIX C 'CONING 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 shall include a building customarily incident and accessory to the princi- pal 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- § 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. 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. chapter 402. Community residential home, as defined in F.S. chapter 419, means a dwelling unit licensed to serve clients of the department of health and rehabilitative services, which provides a living environment for seven (7) to fourteen (14) unre- lated residents who operate as the functional equivalent 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. (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- Supp. No. 41 2481 § 45-2 NOR'PH PALM BEACH CODE 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 a store engaged in the sale of prescription drugs and other items not necessar- ily related to pharmaceuticals. 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 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. 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 Supp. No. 41 2482 APPENDIX C 'CONING 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. 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.LCJ 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- § 45-2 poses. This definition shall include all types of chickee or tiki huts, pergolas, gazebos, and other pavilion-type structures. Pharmacy is an establishment engaged in the preparation of prescription drugs and the sale of drugs, prosthetic supplies, surgical instruments and supplies, and sale and/or rental of aids for invalids. 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 o f a community residential home means any of the following: an aged person as defined in F.S. chapter 400; a physically disabled or handi- capped person as defined in F.S. chapter 760; a developmentally disabled person as defined in F.S. chapter 393; a nondangerous mentally ill person as defined in F.S. chapter 394; or a child as defined in F.S. chapter 39. Residents, as defined in F.S. chapters 400, 760, 393 and 394, shall not reside in the same community residential home as a child as defined in F.S. chapter 39. Retail commercial means any business classi- fied as a "retail trade" establishment using the Standard Industrial Code (S.LCJ 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. 41 2483 § 45-2 NOR'PH PALM BEACH CODE 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 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. 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. 41 2484 APPENDIX C 'CONING 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-O1; Ord. No. 26-2001, § 1, 8-23-O1; Ord. No. 2009-04, § 2, 4-23-09) 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 shall build or alter any building in violation of any detailed statement or plan submitted and ap- proved thereunder, upon conviction thereof shall § 45-16 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-lA 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. 41 2485 ~~' 45-16.1 Sec. 45-16.1. Similar uses. NOR'PH PALM BEACH CODE (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. (f7 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 by filing an appeal, in writing, to the Zoning Board of Adjustment within thirty (30) days of receipt of written notice of revocation. (Ord. No. 2007-16, § 2, 10-25-07) Sec. 45-17. Official zoning map. (1) Adopted by reference. The aforesaid dis- tricts and the boundaries thereof are as shown upon the "official zoning map" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this ordinance as if the information set forth on the map was all fully described and set out herein. (2) Identification. The official zoning map shall be identified by the signature of the mayor at- tested by the village clerk, and bearing the seal of the village under the following words: "This is to certify that this is the official zoning map referred to in section 3 of Ordinance No. 20 of the Village of North Palm Beach, Florida, as amended," to- gether with the date of the adoption of this ordinance. (3) Changes. (a) If, in accordance with the provisions of this ordinance changes are made in dis- trict boundaries or other matter por- trayed on the official zoning map, such changes shall be entered on a new official zoning map promptly after the amend- ment has been approved by the Village Council. The new official zoning map shall be adopted in accordance with provisions set forth in Section 45-17(5). (b) No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in subsection (3)(a). Any unauthorized change of whatever kind or any failure to make a change when directed by ordinance by any person or persons shall be considered a violation of this ordinance and punishable as pro- vided under section 45-6 of this ordi- nance. Supp. No. 41 2486 APPENDIX C 'CONING (4) Location; final authority. Regardless of the existence of purported copies of the official zoning map which may, from time to time, be made or published, the official zoning map which shall be located in the office of the village clerk shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the village. (5) Damaged; destroyed, etc. In the event that the official zoning map becomes damaged, de- stroyed, lost or difficult to interpret because of the nature or number of changes and additions, the village council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omis- sions in the prior official zoning map, but no such corrections shall have the effect of amending the original official zoning map or any subsequent amendment thereto. The new official zoning map shall be identified by the signature of the mayor attested by the village clerk and bearing the seal of the village under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of Ordinance No. 20 of the Village of North Palm Beach, Florida." Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. Each replacement official zoning map shall be num- bered in consecutive order as adopted. (Ord. No. 208-70, 3-12-70; Ord. No. 26-95, § 1, 8-24-95) Sec. 45-18. Boundary conflict interpreta- tions. Where uncertainty exists as to the boundaries of any district shown upon the zoning map, the following rules shall apply: § 45-20 (2) Where any public street or alley is here- after officially vacated or abandoned, the regulations applicable to each parcel of abutting land shall apply to the portion of such street or alley added thereto by vir- tue of said vacation or abandonment. (3) In case any further uncertainty exists, the village council shall interpret the intent of the map as to the location of such boundaries. Sec. 45-19. Buildings and uses to conform to district regulations. Except as hereinafter provided: A. No building shall be erected, reconstructed or structurally altered, nor shall any build- ing or land be used which does not comply with the regulations for the district in which such building or land is located. B. No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limits herein established for the district in which such building is located. C. The minimum open spaces around a main building as provided for in this ordinance shall not be encroached upon or be con- sidered as open spaces for any other build- ing. D. There shall not be more than one (1) main building and its customary accessory build- ing(s) on a lot as authorized by this chap- ter. E. The types, location and uses of buildings and land publicly owned and used in the performance of a public function may be permitted in any district, provided such type, location and use is approved by the village council. The village council may limit the length of time of such type, location and use. (Ord. No. 2-82, § 1, 1-28-82; Ord. No. 2009-04, § 3, 4-23-09) Sec. 45-20. Adult entertainment establish- (1) Where district boundaries are indicated ment. as following street, alley or lot lines, said (1) Legislative intent. The intent of the village lines shall be construed to be such bound- council in adopting this section is to establish aries. reasonable and uniform regulations for the adult Supp. No. 41 2486.1 § 45-20 NOR'PH PALM BEACH CODE entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the Village of North Palm Beach. It is not the intent of the Village Council to legislate with respect to mat- ters of obscenity. These matters are regulated by federal and state law, including Chapter 847 of the Florida Statutes. It is not the intent of the Village Council in adopting this section to con- done distribution of obscene materials. This section is intended to provide for the proper location of adult entertainment establish- ments in the C-1 Neighborhood Commercial Dis- trict and to protect the integrity of adjacent neighborhoods, educational institutions, religious institutions, parks and other commercial enter- prises. Proper separation of adult entertainment establishments prevents the creation of "skid- row" areas in the village which results from the concentration of these establishments and their patrons. It is the intent to limit the secondary effects of adult entertainment establishments as set out in the findings of fact contained within the Palm Beach County "Adult Entertainment Code," Ordinance No. 88-31. The locational restrictions contained in this section should not be construed as to apply only to those residential zoning districts, religious insti- tutions, educational institutions, parks and other commercial enterprises which cater to or are attended by persons under eighteen (18) years of age. The restrictions within this section are also intended to ensure that residential zoning dis- tricts, educational institutions, religious institu- tions, parks and other commercial enterprises are located in areas free from the secondary effects of adult entertainment establishments. The location of residential zones, educational institutions, religious institutions, parks and other commercial enterprises within viable, unblighted and desirable areas support the preservation of property values and promote the health, safety and welfare of the public at large. (2) Findings of fact. Based on the evidence and testimony presented at first reading and public hearing, the Village Council of the Village of North Palm Beach reaffirms the findings of fact contained within the Palm Beach County Adult Entertainment Code and on the findings incorpo- rated in the United States Attorney General's Commission on Pornography (1986): "A Summary of a National Survey of Real Estate Appraisers Regarding the Effect ofAdult Bookstores on Prop- erty Values," conducted by the Division of Plan- ning, Department of Metropolitan Development, City of Indianapolis, January 1984; the "Study of the Effects of Concentration of Adult Entertain- ment Establishments in the City of Los Angeles, " conducted by the Planning Committee for the Los Angeles City Council, June 1977; the study con- ducted by the City of Austin, Texas; the Metropol- itan Bureau of Investigation (MBI) for the Ninth Judicial Circuit (Orlando area); and information from Tampa, Florida, detailing the effects of adult entertainment establishments in the Tampa area. In addition to the foregoing recitals, the village council further finds that: (a) The possession, display, exhibition, distri- bution and sale of books, magazines, mo- tion pictures, prints, photographs, period- icals, records, novelties and devices which depict, illustrate, describe or relate to "specific anatomical areas" or "specified sexual activities" as the terms are defined herein are business activities that exist or may exist within the village. (b) Businesses where employees including dancers and entertainers perform or are presented while displaying or exposing "specified anatomical areas" as that term is defined herein exist or may exist within the village. (c) Where the activities described in para- graphs (a) and (b) above are present, the experience of many other communities indicate that illegal activities tend to oc- cur including, but not limited to, prostitu- tion, pandering, solicitation for prostitu- tion, lewd and lascivious behavior, exposure of minors to harmful materials, the pos- session, distribution and transportation of obscene materials and of controlled substances. The village council further finds there is a direct relationship between the display or expos- ing of specified anatomical areas and an increase Supp. No. 41 2486.2 APPENDIX C 'CONING in criminal activities, moral degradation and dis- turbances of the peace and good order of the community and the concurrences of these activi- ties is hazardous to the health and safety of those persons in attendance and tends to depreciate the value of adjoining property and harm the eco- nomic welfare of the community as a whole. These secondary effects are adverse to the public's inter- est and quality of life, tone of commerce and total community environment in the Village of North Palm Beach. The combination of the sale or consumption of alcoholic beverages with the display or exposing of specified anatomical areas is adverse to the public's interest and quality of life, tone of com- merce and total community environment in the Village of North Palm Beach. (3) Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed them in the Palm Beach County Adult Entertainment Code at time of passage of this ordinance, except where the con- text clearly indicates different meaning. Adult arcade Adult bookstore/adult video store Adult booth Adult dancing establishment Adult entertainment establishment Adult material Adult motel Adult theater Adult video store Alcoholic Beverage Board Code Commercial Gain Commercial establishment Conviction Department Educational Institution Employee § 45-20 Establishment Inspector Licensed premises Licensee Operator Person Principal stockholder Private Performance Specified anatomical areas Specified criminal act (4) Prohibited locations. (a) Notwithstanding any other provision of this Code, or any provision of the village planning, land development and zoning regulations, no person shall propose, cause or permit the operation of, or enlargement of, an adult entertainment establishment which, while in operation or after enlarge- ment, would or will be located within one thousand (1,000) feet of a commercial establishment that in any manner sells or dispenses alcohol for consumption on pre- mises (other than establishments set forth in Paragraph 4(e)), within five hundred (500) feet of Zoning District P, public district, within one thousand (1,000) feet of a religious institution, within five hun- dred (500) feet of an educational institu- tion, child care facility, family day care home or community residential home, within two hundred (200) feet of an area zoned for residential use, within two hun- dred (200) feet of an area designated as residential on the future land use map of the village's comprehensive plan, within five hundred (500) feet of a park, or within two thousand (2,000) feet of another adult entertainment establishment. (b) In addition to the distance requirements set forth in subsection (a), an adult enter- tainment establishment shall not be al- lowed to open, exist or do business any- where except in the C-1 and C-2 zoning district where adult entertainment estab- lishments are an expressly permitted use Supp. No. 41 2486.3 ~~' 45-20 NOR'PH PALM BEACH CODE subject to review by the village director of community development for conformance with the requirements of the village's land development regulations. (c) The distance requirements of subsection (a) are independent of and do not super- sede the distance requirements for alco- holic beverage establishments which may be contained in other laws, rules, ordi- nances, or regulations. (d) No religious institution, educational insti- tution, child care facility, family day care home, community residential home, park or commercial establishment that sells or dispenses alcohol for consumption on pre- mises (other than establishments set forth in paragraph 4(e)) shall locate and oper- atewithin the distance requirements from such establishments and facilities oper- ated and licensed for adult entertainment establishments. (e) The distance restrictions set forth in this paragraph (4) shall not apply to any bona- fide restaurant operating under a Florida 4-COP-SRX license as a restaurant with full kitchen facilities and fifty-one (51) percent or more of gross sales being de- rived from the sale of food and non- alcoholic beverages. Alcoholic beverages are to be served only when the restaurant is open for sale and service of food. (5) Measurement of distance. The distance from a proposed or existing adult entertainment estab- lishment to apre-existing adult entertainment establishment, apre-existing religious institu- tion, to Zoning District P, public district, a pre- existing religious institution, apre-existing edu- cational institution, child care facility, family day care home or community residential home, an area zoned for residential use, an area designated on the future land use map of the comprehensive plan as residential, apre-existing residence, a pre-existing park or apre-existing commercial establishment that sells or dispenses alcohol shall be measured by drawing a straight line between the closest lot lines of the proposed or existing adult entertainment establishment and the pre- existing adult entertainment establishment, pre- existing religious institution, Zoning District P, public district, pre- religious institution, a pre- existing educational institution, child care facil- ity, family day care home or community residen- tial home, an area zoned for residential use, a pre-existing residence, apre-existing park or a pre-existing commercial establishment that sells or dispenses alcohol that is located outside the incorporated limits of the Village of North Palm Beach. This provision is intended to prevent within the Village of North Palm Beach the adverse impacts and secondary effects created by the concentration of adult entertainment establish- ments and the placement of such establishments in close proximity to the other specified uses, whether the other specified uses are located within or without the incorporated limits of Village of North Palm Beach. (6) No variance. There shall be no variance to the distance requirements of this section. (7) Nonconforming uses. If any nonconforming adult business ceases to do business fora contin- uous period of ninety (90) days, it shall be deemed abandoned and shall not thereafter reopen except in conformance with these regulations. (8) Supplemental administrative requirements. (a) Rules of construction. This section shall be liberally construed to accomplish its purpose of regulating and dispersing adult entertainment establishments and re- lated activities. (b) Development design and improvement stan- dards. The staff shall compare the official plans of the building department and of- ficial zoning map against the plan submit- ted. (c) All adult materials shall be located and the activities of employees which include the exposure of specified anatomical ar- eas shall take place within the adult busi- ness premises. (d) No adult materials or activities of employ- ees which include the exposure of speci- fied anatomical areas shall be visible from the exterior of the adult business pre- Supp. No. 41 2486.4 APPENDIX C 'CONING mises in any way including, but not lim- ited to, exterior apertures such as opened doors and unobscured windows. (e) No merchandise, advertising or depic- tions of the activities of an adult business shall be displayed on the exterior of the adult business premises or in any location where they are visible from public right- of-way. (f7 No adult business shall display a sign: § 45-21 nished the village in writing prior to issu- ance or renewal of a business tax receipt of the village and at such other times as requested by village officials. The failure to make such disclosure shall result in either the loss of business tax receipt or the failure of the village to issue a new receipt or renewal thereof. (11) Enforcement. The provisions of this Code may be enforced by: (1) Advertising the presentation of any (a) A suit brought by the village council in the activity prohibited by Florida Stat- Circuit Court of Palm Beach County to ute law or any applicable village restrain, enjoin, or prevent a violation of ordinance; or this Code; and (2) Capable of leading a reasonable per- son to believe that the establishment engages in an activity prohibited by Florida Statute law or any applica- ble village ordinance. (3) Containing any flashing lights, pho- tographs, silhouettes, drawings or pictorial representations of any man- ner (except for the logo of the estab- lishment, provided the logo shall not contain any specified anatomical ar- eas, or any male or female forms at or below the clavicle). (9) Display or exposure of specified anatomi- cal area. It shall be unlawful for any person to display or expose any specified anatomical area to others, regardless of whether such person is actually engaging in dancing, in any commercial establish- ment where alcoholic beverages are, or are available to be sold, dispensed, con- sumed, possessed, or offered for sale or consumption on the premises. The pen- alty for violation of this subsection (9) shall be revocation of business tax receipt issued by the village. (10) Disclosure of names aliases and dates of birth of employees. Owners and operators of all adult entertainment establishments in the village shall disclose to the village the names, aliases and dates of birth of all employees in their respective establish- ments. Such information shall be fur- (b) Enforcement proceedings by the village's code enforcement board; and (c) Criminal prosecution; and (d) Any and all other legal proceedings and remedies available to the village as pro- vided by law. (Ord. No. 22-95, § 1, 7-17-95; Ord. No. 37-95, §§ 1-8, 12-14-95; Ord. No. 6-96, § 1, 1-25-96; Ord. No. 17-98, § 1, 8-13-98; Ord. No. 02-2002, § 1, 2-14-02; Ord. No. 2006-24, § 2.L.1, 11-9-06; Ord. No. 2006-28, § 10, 12-14-06) Sec. 45-21. Telecommunications antenna and antenna towers. Antenna and/or antenna towers owned and operated subject to provisions of the Telecommu- nications Act of 1996 may be located and con- structed in accordance with the following provi- sions: (1) a. The village planning commission will consider, in accordance with article III of chapter 6 of the village code of ordinances, applications for tele com- munication antenna and/or antenna towers which are attached to, or re- place existing structures provided the overall height of the antenna and/or tower does not extend more than twenty (20) feet above the ex- isting structure. b. In approving a tower or antenna location, the planning commission shall consider the attachment to or Supp. No. 41 2486.5 § 45-21 NOR'PH PALM BEACH CODE replacement of existing structures which will result in the least visu- ally offensive installation to be the most preferred location for such in- stallations. Such structures may in- clude but are not limited to highrise residential or commercial buildings, sports lighting poles, existing an- tenna towers and/or public utility structures. cil will next consider, in the follow- ing order of preference, alternative properties and zoning districts. 1. C-2, general commercial dis- trict 2. COS, conservation and open space district 3. P, public district 4. C-l, neighborhood commercial district or C-3 regional busi- ness district (2) New free standing towers/antenna loca- tions and new tower/antenna locations which do not conform to section 45-1 of this article may only be allowed by special exception granted by the village council subject to the following criteria: a. The village council shall consider when evaluating whether to approve an antenna/tower location whether there is suitable and reasonably avail- ablepublic or private property which would physically accommodate the tower or antenna without unreason- ably compromising the antenna's sig- nal reception or transmitting capa- bility or unreasonably compromise the communication system capabil- ity, and without negatively impact- ing the aesthetics of the tower. b. New free standing tower/antenna lo- cations and new tower/antenna loca- tions will be considered only after the applicant for an antenna or an- tenna tower has to the fullest extent practicable, demonstrated to the vil- lage council that all existing struc- tures either will not accommodate an antenna installation or are not available for an antenna or antenna tower installation. If an antenna or antenna tower cannot be located on any existing structure without un- reasonably compromising the an- tenna tower's signal reception or transmission capability or unreason- ably compromise the communication system's capability, the village coun- 5. CA, CB, or ClA, restricted or limited commercial district 6. R3, apartment dwelling district Alternative properties and zoning dis- tricts may only be considered after it has been demonstrated that an an- tenna tower cannot be located on any higher preferred property or zon- ing district. The village council shall act to ap- prove the tower/antenna location by special exception. Upon the granting of a special exception for location, the application will be remanded to the village planning commission for approval in accordance with article III of chapter 6 of the village code of ordinances. c. In no case may atower/antenna in- stallation height exceed more than twenty (20) feet above the maximum height allowed by this code. (3) Any applicant requesting antenna tower location approval is required to accommo- date antenna facilities of other providers (co-location), on a nondiscriminating ba- sis, to avoid duplication of the erection of such towers or provide verifiable objective data, why it cannot do so. Moreover, it will be presumed that if a proposed site is within one-half mile of an existing an- tenna tower that can reasonably accom- modate the applicant's antenna, a denial of the application would not result in an unreasonable compromise to the applicant's communication system capability or an Supp. No. 41 2486.6 APPENDIX C 'CONING unreasonable compromise to the antenna tower's reception or transmission capabil- ity. (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) Editor's note-Section 45-21, relative to oceanfront land in the K-1 district, has been repealed by Ord. No. 4-82, § 1, enacted Jan. 28, 1982. 'Phe 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- ~~' 45-27 gency generator. Existing automotive service sta- tions shall be required to install permanent 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. 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. 5. Satellite dish antenna. 6. 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 *Cross reference-Home occupations, § 17-2. Supp. No. 41 2486.7 ~~' 45-27 NOR'PH PALM BEACH CODE located within a radius of one thousand (1,000) feet of another existing such home with six (6) or fewer residents. 7. 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 hundred (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. #l, measured from the right-of--way line of said U.S. #l, side yards of at least twenty-five (25) feet in depth shall be provided. E. Off street parking regulations. At least one parking space of at least two hundred (200) square feet shall be provided. All parking spaces shall consist of a durable surfaced area as approved by the community development director, enclosed in the dwelling, in an accessory building or in an unenclosed area, exclusive of the driveway, con- netting the parking space to the street. All vehi- cles 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: 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. 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 Supp. No. 41 2486.8 APPENDIX C 'CONING entire roofed area. For structures sup- ported by asingle-pole, i.e., umbrella shape, the floor area shall be measured from the drip line of the roof material. Height. Open-air pavilions shall not ex- ceed twelve (12) feet in height or the height of the principal building located on the lot, whichever is more restrictive. For sloped roofs, the height shall be measured at the mean roof height. Location and Setbacks. (a) No open-air pavilion may be erected within ten (10) feet of the side prop- erty line. This side setback shall be increased to twenty (20) feet for cor- ner lots. (b) No open-air pavilion may be erected within seven and one-half (7~/~) feet of the rear property line. (c) No open-air pavilion or any portion thereof may be erected between the front line of the principal building and the front property lot line, within a utility or drainage easement, or within a required landscape buffer. Use restrictions. (a) An open-air pavilion shall be used only for private recreational activi- ties as an accessory use to the prin- cipal residential use and shall not be used for habitation, for a tool room, storage room or workshop, or for any commercial purpose whatsoever. (b) Open-air pavilions shall not be used for storage of items of personal prop- erty, including, but not limited to, the following: (1) Operable or inoperable vehi- cles, boats, boat trailers, utility trailers or similar items of per- sonal property; (2) Building materials, lawn equip- ment, tools or similar items; and ~~' 45-27 (3) Ice boxes, refrigerators and other types of food storage fa- cilities with the exception of under-counter units. (c) No gas, charcoal or propane grills, stoves or other types of cooking de- vices maybe stored or utilized within a traditional chickee hut. 6. Maintenance. Open-air pavilions shall be maintained in good repair and in sound structural condition. Painted or stained surfaces shall be free of peeling paint, mold and mildew and void of any evidence of deterioration. 7. Design. (a) Open-air pavilions, with the excep- tion of traditional chickee huts, per- golas and other structures with only partial or slatted roofs, shall incor- porate the same types of building materials and be consistent with the architectural theme or style of the main or principal building. (b) At the request of a property owner, the community development direc- tor may approve the use of different building materials or alternate ar- chitectural themes or styles when such materials, themes or styles are complementary to the main or prin- cipal building. (c) Should the community development director deny the request for differ- ent building materials or alternate architectural themes or styles, a prop- erty owner may appeal this decision to the planning commission by sub- mitting awritten request fora hear- ing to the community development director within thirty (30) calendar days of the date of the determina- tion. The appeal shall be placed on the next available agenda and the decision of the planning commission shall be final, subject only to judicial review by writ of certiorari. (Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord. No. 17-90, § 2, 6-28-90; Ord. No. 29-95, § 2, Supp. No. 41 2486.9 ~~' 45-27 NOR'PH PALM BEACH CODE 9-28-95; Ord. No. 23-2003, § 5, 9-11-03; Ord. No. 2006-24, § 2.L.2, 11-9-06; Ord. No. 2009-04, § 4, 4-23-09) Sec. 45-28. R-2 multiple-family dwelling dis- trict. A. Uses permitted. Within any R-2 multiple- family dwelling district, no building structure, land or water shall be used, except for one (1) or more of the following uses: 1. Any use permitted in the R-1 single- family dwelling district. Supp. No. 41 2486.10 CODE COMYARA'P1VE 'FABLE Adoption Section Ord. No. Date Section this Code 8 19-221 9 29-5(a) 10 App. C, § 45-20(9), (10) 11 App. C, § 45-36 Q(5) 2007- 01 1-11-07 2 Added 21-48 2007- 03 2- 8-07 2 6-17 2007- 10 4-12-07 1 2-52(a) 2 2-54(3) 2007- 13 7-12-07 1, 2 2-1 2007- 16 10-25-07 2 Added App. C, § 45-16.1 2007- 17 10-25-07 2 Added 2-166(1)d. 2007- 19 12-13-07 2,7 18-34 3 2-173 2007- 20 12-13-07 2 Rpld 9-16 9-21 3 9-16 9-19 2007- 21 12-13-07 2 14-30(2) 2008- O1 1-10-08 2 6-ll5(F) 2008- 02 1-10-08 2 2-148 2008- 03 1-24-08 2 10-5 Dltd 10-6 10-8 Ruud 10-9 as 10-6 Dltd 10-10 Ruud 10-13 as 10-7 4 Rpld 10-58 10-64 3 10-76 Rpld 10-77 2008- 04 1-24-08 2 5-83 5-85 2008- 06 2-28-08 2 Added 19-11 2008- 07 4-10-08 2 36-23 2008- 09 8-28-08 App. D 2008- 15 10-23-08 2 Rpld 14-37 14-52 3 Rpld 14-79 14-83 Added 14-79 14-83 2008- 16 10-23-08 2 14-30 2008- 17 11-13-08 2 2-4 2008- 18 11-13-08 2 5 2-159 2-162 2009- 01 1- 8-09 2 Added 14-31 2009- 02 1-22-09 2, 3 6-111, 6-112 4 6-114 6 6-115 2009- 03 1-22-09 2 9-17(a) 2009- 04 4-23-09 2 App. C, § 45-2 3 App. C, § 45-19 D. 4 App. C, § 45-27 A.l. Added App. C, § 45-27 F. 2009- 05 5-14-09 2 Added 15-ll 15-18 ('Phe next page is 29331 Supp. No. 41 2891 CODE INDEX Section A ABANDONMENT Abandoned real property ................ 15-ll et seq. See: YROYER'PY Boats Boat launching area; abandoned boats and equipment .................. 5-36, 5-37 Generally ............................ 5-8 Discarded materials, (vehicles, boats, etc.) Abatement of public nuisances on pri- vate property ................... 14-79 et seq. See: NUISANCES Dogs, other animals ..................... 4-10 ACTS BY AGENTS Definitions and rules of construction ..... 1-2 ADMINIS'PRA'P1VE CODE Audit committee ........................ 2-56 et seq. See: AUDPPS Bonds required of certain ofFicers ........ 2-42 Definition .............................. 2-39 Departmental organization .............. 2-40 Oaths of ofFice Chief administrator and ofFicers, form of oath ............................ 2-41(b) Members of department of public safety, form of oath ..................... 2-41(c) Persons required to take oath of ofFice . 2-41(a) Policy and procedures Department heads .................... 2-43(b) Departments ......................... 2-43(c) OfFicers .............................. 2-43(a) ADULT EN'PER'PAINMEN'P ES'PABLISH- MEN'PS 'Coning regulations re. See: 'CONING (Ap- pendix C) ADVERTISING Handbills; distribution restricted......... 19-7 Noise control policy re loudspeakers and devices for advertising ............. 19-105 Si~,ms and outdoor displays .............. 6-110 et seq. See: SIGNS AND BILLBOARDS AFFIDAVPPS Home occupations; local business tax AfFidavit of applicant required......... 17-3(e) AFFIRIVLA'P10N. See: OA'PH, AFFIRIVLA'P10N, SWEAR OR SWORN AGREEMEN'PS. See: CON'PRAC'PS AND AGREEMEN'PS ALARIVIS Alarm business central ofFice required.... 19-215 Alarm permit required .................. 19-208 Application for ....................... 19-209 Issuance ............................. 19-211 'Perms; fees; nontransferable .......... 19-210 Audible alarms ......................... 19-216 Section ALARIVIS (Cont'd.) Code enforcement board, enforcement through ........................... 19-217 Definitions ............................. 19-207 Exemptions ............................ 19-218 False alarms Excessive false alarms declared public nuisance ........................ 19-212 Service charge; collection ............. 19-213 Fire division equipment; fire alarm system 12-53 Identification required .................. 19-215 System standards ....................... 19-219 Telephone trunk lines Interference with public safety depart- ment telephone trunk lines prohib- ited ............................ 19-215 Violation and penalty ................... 19-214 ALCOHOLIC BEVERAGES Consumption on playgrounds and public parks ............................. 3-3 Nudity, partial nudity, sexual conduct; pro- hibited at alcoholic beverage estab- lishments ......................... 3-4 Sales restricted; hours of sale............ 3-2 State law definitions adopted ............ 3-1 'Coning Location of business for retail sales of alcoholic beverages .............. 45-20(2), 45-36.N C-3 Regional Business District...... 45-341(9) AMBULANCES Definition .............................. 17-50 Unlawful operation ..................... 17-51 A1VIUSEMEN'PS AND A1VfUSEMEN'P PLACES Coin-operated amusements; proximity to schools restricted .................. 19-4 AND, OR Definitions and rules of construction ..... 1-2 ANIIVLALS AND FOWL Abandoning ............................ 4-10 Birds Molesting songbirds .................. 4-9 Village desi~,mated bird sanctuary; hunt- ing prohibited ................... 4-2 Cats. See herein: Dogs and Cats Code enforcement board, applicability re.. 2-173 Contagious diseases, animals with ....... 4-ll Cruelty to animals ...................... 4-7 Definitions ............................. 4-1 Dogs and cats Collar and tag Required .......................... 4-25 Unauthorized removal ............. 4-26 Impoundment Disposition upon owner's failure to redeem ....................... 4-30(d) Notice ............................. 4-30(b) Supp. No. 41 2935 ANLIVLALS AND FOWL (Cont'd.~ Redemption by owner ............. . Required .......................... Inoculation .......................... Prohibited in certain areas; exceptions . Rabies control. See herein that subject Re~;ristration ......................... Running at large Cats .............................. Dogs on property of others......... . Dogs on streets and sidewalks ..... . Vicious, biting and attacking dogs .... . Waste removal Persons walking dogs responsible for removal of waste ............. . Waste-removal implements, persons walking dog to carry ......... . Enforcement General enforcement ................ . Hindering enforcement .............. . Fight, causing animals to ............... . Keeping certain animals prohibited; excep- tion ............................... Killing ................................. 1Vlolesting songbirds or domestic pets .... . Noise control policy re animal noises .... . Nuisances, animals creating ............ . Poisoning .............................. Rabies control Death or destruction, reporting....... . Muzzles; when required .............. . Rabid animals Confinement ...................... Duty to report; impounding........ . Nuisance, declared ................. ANNEXA'PION Planning and development; filing fees and cost for voluntary annexation of land AN'PENNAE 'Coning regulations ...................... APPEARANCE PLAN (Appendix A) A ;/com;(Note Section citations contained herein refer to section citations found within Appendix A) Administration ........................ . Areas of jurisdiction .................... . Basis .................................. Criteria for appearance Building and site to adjoining area, re- lationship of ................... . Building desi~,m ..................... . Buildings to site, relationship of ...... . Evaluation, factors for ............... . Landscape and site treatment ........ . Maintenance-planning and desi~,m fac- tors ............................ Miscellaneous structures and street hard- ~l'are ....... ..... ........ ..... .. NOR'PH PALM BEACH CODE Section APPEARANCE PLAN (AppencHx A~ (Cont'd.~ 4-30(c) Sidms ................................ 4-30(a) Definitions ............................ . 4-24 Maintenance for good appearance 4-27 Buildings and appurtenances.......... Public property ....................... 4-24 Site ................................. Participation and incentives ............ . 4-28(c) Statement of policy ..................... 4-28(b) 4-28(a) ARCHAEOLOGICAL SI'PE YRO'PEC'PION 4-29 Appeals ................................ Applicability ............................ Archaeolo~,rical review, development sub- 4-~1 jectto ............................. Certificate to dig ........................ 4-~2 Cost ................................... Definitions ............................ . 4-5 Hearing ................................ 4.4 Intent .................................. 4 8 Purpose ................................ Violations and penalties ................ . 4-6 ASSEIVIBLIES 4-3 1Vleetings of boards and commissions; ad- 4-9 journment of ...................... 19-107 Meetings of specific boards, etc. See spe- 4-12 cific subjects 4-3 Yark and recreation area; meetings and gatherings ......................... 4-46 See: PARKS, PLAYGROUNDS AND 4-45 RECREA'PION 4-43 A'PLAN'PIC OCEAN 4-44 Regulations governing construction of docks, 4-42 piers in Lake Worth and Atlantic Ocean ............................. AUDI'PS 21-2 Audit committee Access to records ..................... Administrative services ............... 45-21 Composition; terms; vacancies........ . Created .............................. Duties ............................... OPga111Zat1011 ........ ..... ........ .... Removal ............................. V B III I BA'PHING Diseased persons prohibited from bathing in public pools, etc . ............... . IV(B1 BICYCLES IV(D) Yark regulations .......... ............ IV(A) Subdivisions, required improvements re IV(H) bikeways .......................... IV(C) BILLBOARDS. See: SIGNS AND BILL- IV(G) BOARDS BIRDS. See: ANIIVLALS AND FOWL IV(F) Section IV(E) VIII VII(B) VII(C) VII(A) VI II 21-107 21-102 21-104 21-105 21-106 21-10~ 21-108 21-101 21-101 21-108 2-J 20-22 et seq. 5-85 2-56 2-57 2-52 2-51 2-54 2-5J 2-55 19-~ 20-6 ~6-29.1 Supp. No. 41 2936 CODE INDEX Section Section FIRE YREVENPION AND YRO'PEC'PION FLOOD DAIVLAGE YREVENPION (Cont'd.) (Cont'd.) Development permit Emergency medical technician volun- Required ............................. 12.5-22 teers ........................... 12-32 Findings of fact......................... 12.5-2 Equipment Flood hazard reduction provisions Acquisition ........................ 12-52 Coastal high hazard areas ............ 12.5-44 Fire alarm system ................. 12-53 General standards Generally ......................... 12-51 Anchoring......................... 12.5-41(1) Housing ........................... 12-54 Construction materials and methods 12.5-41(2) Private use of equipment ........... 12-55 Enclosures below lowest floor ....... 12.5-41(6) 'Pampering with equipment ......... 12-56 1Vlechanical and utility equipment... 12.5-41(5) Impersonating fireman ............... 19-8 Subdivision proposals .............. 12.5-41(4) Motor equipment and members' cars des- Utilities ........................... 12.5-41(3 ) i~,mated emergency vehicles ...... 12-31 Regulatory floodways ................. 12.5-43 Personnel Sand dunes and mangrove stands ..... 12.5-45 Badges ............................ 12-41 Specific standards Car insi~,mia ....................... 12-42 Nonresidential construction......... 12.5-42(2) Other officers accountable to chief... 12-39 Residential construction............ 12.5-42(1) Police assistance ................... 12-43 Interpretation .......................... 12.5 9 Special police powers ............... 12-40 Lands to which provisions applies........ 12.5 6 Volunteer firefightEYS,length of service award plan for .................. 2-170 et seq. 1Vlethods of reducing flood losses ......... 12.5-4 See: YENSIONSAND RE'PIREIVIENP Noncompliance, penalties for ............ 12.5-ll Florida fire prevention code Statement of purpose and objectives...... 12.5-3 Adopted by reference ................. 12-16 Statutory authorization ................. 12.5-1 Fire inspection fee schedule ........... 12-17 Variance procedure ..................... 12.5-24 Hazardous substances, cost recovery for ' ' ' ' FLORIDA, S PA DE OF. See: S PA DE cleanup, abatement and removal of Authority of public safety department.. 12-102 FOLLOWING, PRECEDING Cost reimbursement to village......... 12-103 Definitions and rules of construction ..... 1-2 Definitions ........................... 12-101 Exceptions for fire suppression services 12-105 FOOD AND FOOD YREYARA'PION Late fee for failure to reimbursement .. 12-106 Barbecue grills and similar cooking devices 19-10 Records .............................. 12-104 Remedies ............................ 12-107 FORFEPPURES. See: FINES, FORFEPPURES Pension and certain other benefits for fire AND O'PHER YENAL'PIES and police employees ............... 2-159 et seq. See: PENSIONS AND RE'PIREMENP FOWL. See: ANIMALS AND FOWL FIREARMS AND WEAPONS FRANCHISES Concealed weapons, carrying ............ 19-184 Enumerated. See Appendix D Forfeiture; disposition ................... 19-186 Use of rights-of-way for utilities.......... 28-1 et seq. Possession .............................. 19-183 See: U'PILPPIES Bales P('SlP1Cl('Cl Record of sales required .............. 19-185(c) Specified weapons, display and sale of . 19-185(b) G Switchblade knives prohibited......... 19-185(x) Stench bombs prohibited ................ 19-82 GAIVIBLING See: S'PENCH BOIVIBS Animals, causing to fight ................ 4-8 FLOOD DAIVLAGE YREVENPION GARAGE AND O'PHER SALES Abrogation and greater restrictions ...... 12.5-8 Garage sales ........................... 17-61 Areas of special flood hazard Permit required ........................ 17-62 Basis for establishment ............... 12.5-7 Violations and penalties ................. 17-63 Warnings regarding desi~,mations ...... 12.5-10 Building official GARBAGE AND 'PRASH Desi~,mated as flood damage control ad- Abatement of public nuisances on private ministrator ..................... 12.5-21 property........................... 14-79 et seq. Duties and responsibilities ............ 12.5-23 See: NUISANCES Definitions ............................. 12.5-5 Boats; refuse disposal ................... 5-12 Supp. No. 41 2943 NORTH PALM BEACH CODE GARBAGE AND 'PRASH (Cont'c1.~ Garbage collection and disposal Charges Commercial use property waste dis- posal fees and collection proce- dures ........................ Fee for excess amounts from commer- cial establishments .......... . Generally ......................... When and where paid ............. . Definition ........................... . Frequency of collection ................ Garbage cans Kept covered ...................... Required .......................... Landscaping; refuse container areas...... Public works department Refuse disposal division ............... GATHERINGS. See: ASSEMBLIES GENDER Definitions and rules of construction .... . GOLF ADVISORY BOARD Composition and terms ................. . Composition ........................ . Officers .............................. 'Perms ............................... Creation ............................... Duties ................................. Meetings ............................... GUNS. See: FIREARMS AND WEAPONS H Section HEAIIPH AND SANPPA'PLON (Cont'd.) Boats, docks, etc., provisions re ......... . See: BOATS, DOCKS AND WA'PER- WAYS Code enforcement board, applicability re. . 14-~0 Garbage and trash ...................... See: GARBAGE AND 'PRASH 14-28 Park and recreation facilities; failure to 14-27 cooperate in keeping restrooms neat 14-29 or sanitary ........................ 14-23 Rabies control .......................... 14-26 See: ANIMALS AND FOWL HEDGES. See: FENCES, WALLS, HEDGES 14-25 AND ENCLOSURES 14-24 27-41 HITCHHIKING Prohibitions ............................ 2-85(2) HOME OCCUPATIONS Customer service requirements and perfor- mance standards ................... Definitions ............................ . 1-2 Effective date ........................... Local business tax. See also that subject Generally ............................ 9-1~ 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 .................. . HORNS Noise control ........................... Section 5-10 et seq. 2-17~ 14-2~ et seq. 20-2 4-42 et seq. 19-6 17-2 17-3(b) 17-5(i) 17-16 et seq. 17-te(e) 17-3(g) 17-3(c) 17-3(a) 17-3(h) 17-3(d) 17-3(f) HANDBILLS HOUSING Distribution restricted .................. 19-7 Abandoned real pro pert r r y ................ See: PROPER'PY HANDGUNS. See: FIREARMS AND WEAP- Boats, docks and waterways; anchoring ONS and mooring HANDICAPPED PERSONS. See: DISABLED Use of vessel for dwelling purposes in AND HANDICAPPED PERSONS prohibited area ................. . HOUSING CODE HAZARDOUS SUBSTANCES Adopted by reference .................... Recovery of costs for cleanup, abatement Amendments .......................... . and removal ....................... 12-101 et seq. Code enforcement board, applicability re. . See: FIRE PREVEN'PION AND PRO- 'PEC'PION I HEALTH AND SANI'PA'PION 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. .......... . IMPERSONA'PION Impersonating police officer; fireman or 14-79 et seq. other village official ............... . 4-Ll et seq. I1VIPOUNDIVIEN'P Boats, docks and waterways; unlawfully anchored or moored vessels Department of public safety to im- 19-~ pound ........................ 19-10~ 15-11 et seq. 5-25 15-1 15-2 2-17~ 19-8 5-19 Supp. No. 41 2944 CODE INDEX Section IMYOUNDMENP (Cont'd.) Owner to be notified upon impound- ment ......................... 5-20, 5-21 Section Supp. No. 41 2944.1 CODE INDEX Section Section MO'POR VEHICLESAND'PRAFFIC (Cont'd.) NUISANCES (Cont'd.) Vehicular operation Animals creating nuisances .............. 4-12 Speed limits False alarms Generally ......................... 18-16 Excessive false alarms declared public Weight limitations on certain roads.... 18-18 nuisance ........................ 19-212 Rabid animals declared nuisance......... 4-42 MUSICAL INS'PRUMEN'PS Noise control ........................... 19-104 NUMBER Definitions and rules of construction ..... 1-2 N ~ NOISE Animal noises .......................... 19-107 OATH, AFFIRIVLA'PION, SWEAR OR SWORN Buildings, premises or property Administrative code, provisions re oaths of Noise from ........................... 19-102 office.............................. 2-41 Code enforcement board, applicability re.. 2-173 Definitions and rules of construction ..... 1-2 Conduct, noisy and boisterous ........... 19-106 General employees retirement board; oaths Construction activity, permissible time for 19-111 of office ........................... 2-154 Definitions ............................. 19-99 Reserve police force; oath required ....... 23-47 Electronic audio equipment .............. 19-104 Enforcement OBSCENPPY. See: INDECENCY AND OB- Authority ............................ 19-116 SCENPPY Procedure All other noises .................... 19-117(b) OBS'PRUC'PIONS 1Vlotor vehicle noise enforcement, op- Passageways, obstructing ................ 19-47 erating ....................... 19-117(x) OFFENSES Engine exhaust ......................... 19-108 Definitions ............................. 19-1 Exemptions ............................ 19-120 Enumerated............................ 19-3 et seq. Fixed mechanical equipment ............. 19-112 See also specific offenses as indexed Horns and si~,mal devices ................ 19-103 State misdemeanors adopted ............ 19-2 Loading, unloading and unpacking ....... 19-110 Loudspeakers and devices for advertising. 19-105 OFFICERS AND E1VIYLOYEES Measurement procedure ................. 19-113 Administrative code..................... 2-39 et seq. Musical instruments .................... 19-104 See: ADIVIINIS'PRA'PIVE CODE Noise control measurement standards other Definitions and rules of construction ..... 1-2 than motor vehicle noise standards.. 19-118 Elections ............................... 10-1 et seq. Noise control policy ..................... 19-100 See: ELECTIONS Periods of observation ................... 19-114 Finance director ........................ 2-59 Radios ................................. 19-104 Golf advisory board..................... 9-16 et seq. Special permits excepted ................ 19-119 See: GOLF ADVISORY BOARD Unnecessary, excessive or offensive noise Impersonating village ofFicial ............ 19-8 Unlawful to make .................... 19-101 1 1braPlall 2-93 Vehicle defect or condition of load 19-109 . ..... ..... ........ ..... ........ ........ 1Vla or y ................................. 2-18, 8-16 Voluntary compliance ................... 19-115 Pensions and retirement. See also that NUDPPY subject 'fogless costumes prohibited ............. 19-64 Length of service award plan for volun- teer firefighters ................. 2-170 et seq. NUISANCES Pension and certain other benefits for Abandoned real property ................ 15-11 et seq. fire and police employees ........ 2-159 et seq. See: YROYER'PY Pension and certain other benefits for Abatement of public nuisances on private general employees ............... 2-146 et seq. property Social security ....................... 2-136 et seq. Abatement of public nuisance ......... 14-82 Public safety director .................... 2-75 Assessment of costs and imposition of Public works director .................... 2-84 lien ............................ 14-83 Recreation director...................... 2-110 Definitions ........................... 14-79 Social security.......................... 2-136 et seq. Notice of public nuisance; right to re- See: SOCIAL SECURPPY quest hearing ................... 14-81 Village clerk and deputy village clerk..... 2-67 et seq. Uses or activities constituting a public See: DOCUIVIEN'PS AND PUBLIC nuisance ........................ 14-80 RECORDS Supp. No. 41 2947 NORTH PALM BEACH CODE Section OFFLCERS AND EIVIPLOYEES (Cont'c1.~ Village manager ........................ 2-115 et seq. See: VILLAGE MANAGER OFFICIAL 'PINE Definitions and rules of construction ..... 1-2 OPEN SPACES. See: YARDS AND OPEN SPACES OK, AND Definitions and rules of construction ..... 1-2 ORDINANCES. See: CODE OF ORDI- NANCES OWNER Definitions and rules of construction ..... 1-2 P PALM BEACH COUNTY. See: COUNTY YAKKING Boat launching area Vehicle/trailergarking in desi~,mated ar- eas ............................. 5-35 Landscaping, provisions re off-street park- ing ................................ 27-38, 27-59 et seq. See: LANDSCAPING Parks; desi~,mated parking areas ......... 20-5(6) Stopping, standing and parking.......... 18-34 et seq. See: MO'POR VEHICLES AND 'PRAF- FIC 'Coning, provisions re off-street parking ... 45-27 et seq. See: 'CONING (Appendix C) PARKS, YLAYGROUNDSAND RECREAPION Alcoholic beverages Consumption on playgrounds and public par s ........................... ~~ ~-~ Bicycles Operation in safe manner, etc.......... 20-6(2) Operation prohibited in certain areas .. 20-6(1) Boat launching areas Vehicle/trailergarking in desi~,mated ar- eas ............................. 5-35 Buildings or structure, erecting .......... 20-3 Department of recreation Director's duties Conduct community activity ........ 2-110(2) Supervise recreation areas.......... 2-110(1) Ejectment of violators ................... 20-8 Enforcement of provisions, responsibility . 20-7 Golf advisory board ..................... 9-16 et seq. See: GOLF ADVISORY BOARD Hours regulated ........................ 20-1 Meetings and gatherings Liability for loss or injury ............. 20-23 Permit Appeal from refusal to issue ........ 20-35 Application ........................ 20-33 Section PARKS, PLAYGROUNDSAND RECREATLON (font' d. ) Form ............................. 20-32 Issuance standards ................ 20-34 Required .......................... 20-31 Revocation ........................ 20-36 Rules and regulations, permittee bound by .............................. 20-22 Property used to violate provisions, confis- cation of .......................... 20-9 Recreation advisory board Created .............................. 20-61 Duties ............................... 20-66 Meetings ............................ 20-65 OfFicers' quorum, compensation........ 20-64 Removal ............................. 20-63 'Perms ............................... 20-62(b) Vacancies ............................ 20-62(c) Restrooms, failure to cooperate in keeping neat or sanitary ................... 20-2 '1~afFic Enforcement of traffic regulations ..... 20-5(2) Operation confined to roads ........... 20-5(5) Parking areas desi~,mated ............. 20-5(6) Sidms ................................ 20-5(3) Speed of vehicles ..................... 20-5(4) State motor vehicle laws .............. 20-5(1) 'I~•ees Climbing trees, etc .................... 20-4 Use by public only ...................... 20-1 YENAL'PIES. See: FINES, FORFEI'PURES AND O'PHER YENAL'PIES PENSIONS AND RE'PIREMEN'P ICIVLA 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 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 Yreretirement death benefit........... 2-170.7 Purpose ............................. 2-170 Supp. No. 41 2948 CODE INDEX Section Section YROYER'PY PUBLIC WORKS DEYAR'PMENP Abandoned real property Director's duties ........................ 2-84 Additional authority .................. 15-18 Divisions Applicability ......................... 15-13 Division of facility and fleet mainte- Definitions ........................... 15-12 nance........................... 2-85(1) Immunity of enforcement ofFicer....... 15-17 Refuse disposal ....................... 2-85(2) 1Vlaintenance requirements............ 15-15 Street maintenance ................... 2-85(3) Purpose and intent ................... 15-ll Re~,ristration of abandoned real property 15-14 R Security requirements ................ 15-16 Abatement of public nuisances on private RABIES CONPROL Jl o pert l ~ l y ........................... 14-79 et se q~ Provisions enumerated .................. 4-42 et seq. See: NUISANCES See: ANIIVIALS AND FOWL Appearance plan (Appendix A). See that RADIOS subject Noise control ........................... 19-104 Boats, docks and waterways; unlawfully Police division, provisions re radio mainte- anchored or moored vessels nance ............................. 2-76(b)(6) Unclaimed vessel to be sold; certifica- tion of sale ...................... 5-22 REASONABLE 'PINE Definitions and rules of construction ..... 1-2 Definitions and rules of construction ..... 1-2 Dogs on property of others ............... 4-28(b) RECORDS. See: DOCUIVIENPS AND YUB- Insurance excise taxes; property insurance LIC RECORDS premiums ......................... 26-17 Noise from property ..................... 19-102 RECREA'PION. See: PARK, PLAYGROUNDS Subdivision regulations ................. 36-1 et seq. AND RECREA'PION See: SUBDIVISIONS (Appendix B) REFUSE. See: GARBAGE AND 'PRASH Unauthorized camping or lodging on public or private property ................. 19-ll RES'PROOMS Weeds and brush ....................... 14-79 et seq. Parks and recreation facilities; failure to See: WEEDS AND BRUSH cooperate in keeping restrooms neat OP Sallltary ........................ `ZO-`Z PUBLIC PLACES. See: S'PREE'PS, SIDE- WALKS AND PUBLIC PLACES RE'PIREMENP. See: PENSIONS AND RE- 'PIREMENP YUBLICRECORDS. See: DOCUMENPSAND PUBLIC RECORDS 9 PUBLIC SAFE'PY DEYAR'PMENP SAND DUNES Boats, docks and waterways; unlawfully Flood damage prevention provisions...... 12.5-45 anchored or moored vessels Department of public safety to impound 5-19 SANPPA'PION. See: HEAL'PH AND SANPPA- Director's duties 'PION Desi~,mate instructor .................. 2-75(2) SCHOOLS Make assnmments .................... 2-75(1) Coin-operated amusements; proximity to Divisions schools restricted .................. 19-4 Flre Fire fighting ....................... 2-76(c)(3) SEAWALLS Fire prevention .................... 2-76(c)(4) Bulkheads and seawalls, construction re- 1Vlaintain equipment ............... 2-76(c)(2) quirements re ..................... 5-69 et seq. Report losses ...................... 2-76(c)(1) See: BOA'PS, DOCKS AND WA'PER- Generall y ............................ 2-76(a) WAYS Police SEXUAL OFFENDERS AND SEXUAL YRED- Crime prevention .................. 2-76(b)(3), (4) A'PORS Investigation ...................... 2-76(b)(3) Sexual offender and sexual predator resi- Yatrol ............................. 2-76(b)(2) dente prohibition .................. 19-31 Radio ............................. 2-76(b)(6) Records ........................... 2-76(b)(1) SEXUALLY-ORIENPED ENPER'PAINIVIENP 'I~afFic ............................ 2-76(b)(5) Adult entertainment establishments Emergency medical services ............. 11.5-21 et seq. Zoning regulations re. See: ZONING (Ap- See: EMERGENCIES pendix C1 Supp. No. 41 2951 NOR'PH PALM BEACH CODE Section Section SHALL, MAY S'PORIVIWA'PER MANAGEMENP (Cont'd.) Definitions and rules of construction ..... 1-2 Applicability ............................ 21-61 Design ................... ............. 21-61 SHRUBBERY. See: 'FREES AND SHRUB- Finished floor of structures level of ...... 21-63 BERY Objectives of system desi~,m .............. 21-68 SIDEWALKS. See: S'PREE'PS, SIDEWALKS Open channels and outfall ditches........ 21-66 AND PUBLIC PLACES Yost development runoff rates, volumes and pollutant loads ................ 21-67 SIGNAL DEVICES Storm drainage facilities generally ....... 21-64 Noise control ........................... 19-103 Stormwater retention systems ........... 21-69 SIGNA'PURE, SUBSCRIY'PION Streets Definitions and rules of construction ..... 1-2 Minimum street grades ............... 21-62 Roadside swales ...................... 21-65 SIGNS AND BILLBOARDS Subdivisions, required improvements re .. 36-31 Code enforcement board, applicability re.. 2-173 Water quality ........................... 21-70 Country club; provisions re si~,ms......... 9-2 Zoning; surface water management Outdoor displays. See herein: Si~,ms and C-3 Regional Business District ........ 45-341(8) Outdoor Displays Parking in violation of si~,ms ............. 18-36 S'PREE'PS, SIDEWALKS AND PUBLIC Parks, regulations re traffic si~,ms ........ 20-5(3) PLACES Si~,ms and outdoor displays Code enforcement board, applicability re.. 2-173 Construction standards ............... 6-117 Definitions and rules of construction ..... 1-2 Desi~,m standards ..................... 6-117 Dogs on streets and sidewalks ........... 4-28(a) Exempt si~,ms ........................ 6-112 Excavations Location standards ................... 6-117 Definition............................ 24-16 Measurement determinations ......... 6-116 Equipment to be guarded ............. 24-18 Permitted permanent accessory si~,ms .. 6-115 Liability of village .................... 24-20 Permitted temporary si~,ms ............ 6-114 Permits Prohibited si~,ms ...................... 6-113 Fees .............................. 24-29 Provisions generally .................. 6-111 Required.......................... 24-28 Purpose and scope of regulations ...... 6-110 Protective measures .................. 24-19 Severability .......................... 6-118 Refilling, tamping by excavator........ 24-17 'Coning Resurfacing by village ................ 24-17 C-3 Regional Business District ........ 45-341(7) Handbills; distribution restricted......... 19-7 SOCIAL SECURI'PY Hitchhiking prohibited .................. 19-6 Agreement authorized ................... 2-138 Landscaping............................ 27-31 et seq. Appropriations by village ................ 2-140 See: LANDSCAPING Declaration of colic r y .................... 2-136 Missiles, throwing ...................... 19-83 Exclusions from coverage ................ 2-137 Motor vehicles and traffic ............... 18-16 et seq. Records and reports ..................... 2-141 See: MO'POR VEHICLES AND 'PRAF- Social security act adopted .............. 2-143 FIC Withholding and reporting agent......... 2-142 Obstructing passageway ................. 19-47 Withholding from wages ................. 2-139 Profanity; vulgar language prohibited .... 19-65 Public works department SYI'P'PING Streets maintenance division.......... 2-85(3) Spitting in public places prohibited....... 19-5 Sidewalks and driveways SYOR'PS Dangerous or abandoned driveways.... 24-46 Golf advisory board ..................... 9-16 et seq. Performance of work by village upon See: GOLF ADVISORY BOARD failure of compliance ............. 24-47 Permits S'PA'DE Driveway construction Definitions and rules of construction ..... 1-2 Application; information required. 24-58 Prohibited in certain instances ... 24-57 S'PENCH BOIVIBS Excepted uses .......................... 19-82(c) Required ........................ 24-56 Possession prohibited ................... 19-82(b) Separate permits required for drive- 'Phrowing or depositing .................. 19-82(a) ways and sidewalk construction 24-55 Sidewalks S'PORIVIWA'PER 1VIANAGEIVIENP Constructed required in certain cases 24-41 Adoption ............................... 21-61 Exceptions to requirements......... 24-42 Supp. No. 41 2952 CODE INDEX Section S'PREE'PS, SIDEWALKS AND PUBLIC PLACES (Cont'd.) Specifications Driveways ......................... 24-43(c) Generally ......................... 24-43(a) Sidewalks ......................... 24-45(b) Village en~,rineer, driveways to be con- structed under supervision of..... 24-44 Smoke, dust, odors, liquids, etc........... 19-9 Spitting in public places prohibited....... 19-5 Section Supp. No. 41 2952.1