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Pages Replaced by Supplement #72TABLE OF CONTENTS Page Officials of the Village ....................................... iii Preface..................................................... v Adopting Ordinance ......................................... vii Readopting Ordinance ....................................... x.i Checklist of Up -to -Date Pages ............................... [1] Supplement History Table ................................... SH:1 PART I CHARTER Charter.................................................... 1 Art. I. Corporate Name ............................. 3 Art. I.A. Vision Statement .......................... 3 Art. II. Territorial Boundaries ....................... 5 Art. III. Legislative ................................. 10.5 Art. IV Administrative ............................. 15 Art. V. Qualifications and Elections .................. 17 Art. VI. Transition Schedule ........................ 18 Charter Comparative Table .................................. 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions ...................................... 77 2. Administration .......................................... 133 Art. I. In General .................................. 134.3 Art. II. Council .................................... 138.7 Div. 1. Generally ............................... 138.7 Div. 2. Rules of Procedure ...................... 138.8 Art. III. Administrative Code ....................... 138.9 Div. 1. Generally ............................... 138.9 Div. 2. Audit Committee ........................ 139 Div. 3. Department of Finance .................. 140 Div. 4. Department of Records .................. 141 Div. 5. Police Department ....................... 142 Div. 6. Fire Rescue Department ................. 142.1 Div. 7. Department of Public Works ............. 142.1 Div. 8. Department of Library ................... 142.2 Div. 9. Department of Country Club ............. 143 Div. 10. Department of Recreation ............... 143 Div. 11. Department of Community Development. 143 Supp. No. 71 xi NORTH PALM BEACH CODE Chapter Page Art. IV. Manager ................................... 144 Art. V. Pensions and Retirement Systems ............ 144 Div. 1. Generally ............................... 144 Div. 2. Social Security .......................... 144 Div. 3. Pension and Certain Other Benefits for 387 Art. IV. Abatement of Unsafe or Unsanitary Buildings General Employees ...................... 145 Div. 4. Pension and Certain Other Benefits for 401 Art. VII. Reserved .................................. Fire and Police Employees ............... 152.3 Div. 5. Length of Service Award Plan for Volunteer 455 Art. II. Filling Permit .............................. Firefighters ............................. 164 Div. 6. ICMA Defined Contribution Pension Plan. 164.1 Art. VI. Code Enforcement .......................... 164.2 Art. VII. Alternate Method of Code Enforcement ..... 169 3. Alcoholic Beverages ..................................... 211 4. Animals and Fowl ....................................... 263 Art. I. In General .................................. 265 Art. II. Dogs and Cats .............................. 267 Art. III. Rabies Control ............................. 269 5. Boats, Docks and Waterways ............................. 319 Art. I. In General .................................. 321 Art. II. Boat Launching Area ....................... 326 Art. III. Construction Requirements ................. 327 Div. 1. Generally ............................... 327 Div. 2. Canals .................................. 327 Div. 3. Bulkheads and Seawalls ................. 328 Div. 4. Docks and Piers ......................... 329 Div. 5. Erosion Control Structures ............... 335 Art. IV. Marine Sanctuaries ......................... 335 Art. V. Waterways Board ........................... 336 6. Buildings and Building Regulations ...................... 381 Art. I. In General .................................. 383 Art. II. Minimum Construction Standards ........... 383 Art. III. Appearance Code .......................... 384 Div. 1. Generally ............................... 384 Div. 2. Reserved ................................ 387 Div. 3. Certificate of Appropriateness ............ 387 Art. IV. Abatement of Unsafe or Unsanitary Buildings 388 Art. V. Signs and Outdoor Displays .................. 392.1 Art. VI. Reserved .................................. 401 Art. VII. Reserved .................................. 401 7. Bulkhead Lines ......................................... 453 Art. I. In General .................................. 455 Art. II. Filling Permit .............................. 455 8. Emergency Management ................................. 507 Art. I. In General .................................. 509 Art. II. Civil Disorders and Disturbances ............ 510 Supp. No. 71 xii TABLE OF CONTENTS—Cont'd. Chapter Page Art. III. Exempt Employee Emergency Duty ......... 511 9. Country Club ........................................... 559 Art. I. In General .................................. 561 Art. II. Golf Advisory Board ........................ 562 Art. III. Finances .................................. 563 10. Elections .............................................. 615 Art. I. In General .................................. 617 Art. II. Reserved ................................... 618 Art. III. Reserved .................................. 618 Art. IV. Polling Locations ........................... 618 11. Electricity ............................................. 671 Art. I. In General .................................. 673 Art. II. Electrical Code ............................. 673 11.5. Emergency Service ................................... 695 Art. I. In General .................................. 697 Art. II. Emergency Medical Services ................. 697 12. Fire Prevention and Protection .......................... 723 Art. I. In General .................................. 725 Art. II. Florida Fire Prevention Code ................ 725 Art. III. Reserved .................................. 726 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances........... 726 12.5. Flood Damage Prevention ............................. 777 Art. I. Administration .............................. 779 Art. II. Definitions ................................. 789 Art. III. Flood Resistant Development ............... 794 13. Reserved .............................................. 839 14. Health and Sanitation .................................. 889 Art. I. In General .................................. 891 Art. II. Garbage, Trash and Refuse .................. 891 Div. 1. Generally ............................... 891 Div. 2. Garbage Collection and Disposal ......... 891 Div. 3. Reserved ................................ 893 Art. III. Reserved .................................. 894 Art. IV. Abatement of Public Nuisances on Private Property ................................... 894 15. Housing ............................................... 945 Art. I. Property Maintenance Standards ............. 947 Art. II. Abandoned Real Property ................... 951 Art. III. Minimum Housing Standards ............... 953 16. Library ................................................ 997 Art. I. In General .................................. 999 Art. II. Library Advisory Board ..................... 999 Supp. No. 71 Xiii NORTH PALM BEACH CODE Chapter Page 17. Licenses and Miscellaneous Business Regulations ........ 1051 Art. I. In General .................................. 1053 Art. II. Local Business Tax ......................... 1057 Art. III. Businesses Located Outside Village Limits.. 1060.4 Art. IV. Simulated Gambling Devices ................ 1063 Art. V. Ambulances ................................. 1065 Art. VI. Garage and Other Sales .................... 1066 22. Art. VII. Business Advisory Board .................. 1066 23. Art. VIII. Peddlers and Solicitors .................... 1067 17.5 Reserved ............................................. 1121 18. Motor Vehicles and Traffic .............................. 1171 Art. I. In General .................................. 1173 24. Art. II. Operation of Vehicles Generally ............. 1173 Art. III. Stopping, Standing and Parking ............ 1174 19. Offenses and Miscellaneous Provisions .................. 1225 Art. I. In General .................................. 1227 Art. II. Sexual Offenders and Sexual Predators ...... 1230 Art. III. Offenses Against Property .................. 1230 Art. IV. Offenses Against Public Morals ............. 1230 Art. V. Offenses Against Public Peace ............... 1231 Art. VI. Noise Control .............................. 1231 Art. VII. Reserved .................................. 1234 Art. VIII. Weapons ................................. 1234 Art. IX. Water Shortage Emergencies ............... 1237 Art. X. Alarms ..................................... 1238 Art. XI. Wellfield Protection ........................ 1242 20. Parks, Playgrounds and Recreation ...................... 1289 Art. I. In General .................................. 1291 Art. II. Meetings and Gatherings .................... 1292 Div. 1. Generally ............................... 1292 Div. 2. Permit .................................. 1292 Art. III. Recreation Advisory Board ................. 1293 21. Planning and Development ............................. 1343 Art. I. In General .................. — — * * ...... * * — 1345 Art. II. Planning Commission ....................... 1347 Arta III. Board of Adjustment ....................... 1348 Art. IV. Concurrency Management .................. 1350 Art. V. Stormwater Management .................... 1363 Art. VI. Archaeological Site Protection Regulations... 1366.1 22. Reserved .............................................. 1411 23. Police .................................................. 1463 Art. I. In General .................................. 1465 Art. II. Reserved ................................... 1465 Art. III. Reserve Force .............................. 1465 24. Streets, Sidewalks and Public Places .................... 1517 Art. I. In General .................................. 1519 Supp. No. 71 xiv TABLE OF CONTENTS—Cont'd. Chapter Page Art. II. Work Performed Within Rights -of -Way ....... 1519 Art. III. Sidewalks and Driveways .................. 1520.3 Art. IV. Required Improvements .................... Div. 1. Generally ............................... 1520.3 Art. VI. Amendments ............................... Div. 2. Permits ................................. 1523 Art. IV. Environmental Committee .................. 1523 25. Swimming Pools ....................................... 1573 Art. I. In General .................................. 1575 Art. II. Reserved ................................... 1575 Art. III. Reserved .................................. 1576 26. Taxation ............................................... 1627 Art. I. In General .................................. 1629 Art. II. Insurance Excise Taxes ..................... 1629 Art. III. Utility Tax ................................ 1629 Art. IV. Telecommunications Service Tax ............ 1630 27. Trees and Shrubbery ................................... 1681 Art. I. In General .................................. 1683 Art. II. Trees in Swale Areas ....................... 1683 Art. III. Landscaping ............................... 1684 Div. 1. Generally ............................... 1684 Div. 2. Reserved ................................ 1686 Div. 3. Requirements for Certain Yard Areas, Off - Street Parking and Other Vehicular Use Areas................................... 1686 Art. IV. Fertilizer -Friendly Use Ordinance ........... 1690 28. Use of Rights -of -Way for Utilities ....................... 1739 29. Communications Services ............................... 1781 Appendices A. Appearance Plan ........................................ 2043 B. Subdivisions ............................................ 2353 Art. I. In General .................................. 2355 Art. II. Procedures for Subdivision Plat Approval .... 2358 Art. III. Design Standards .......................... 2365 Art. IV. Required Improvements .................... 2368.1 Art. V. Enforcement Provisions ...................... 2372 Art. VI. Amendments ............................... 2378 Art. VII. Legal Status .............................. 2379 C. Zoning ................................................. 2479 Art. I. In General .................................. 2481 Art. II. Generally .................................. 2486 Art. III. District Regulations ........................ 2488.10 Arts. IV, V. Reserved ............................... 2529 Art. VI. Amendments—Fees; Waiting Periods ........ 2529 Art. VII. Nonconforming Uses of Land and Structures 2530 D. Franchises ............................................. 2619 Supp. No. 71 xv NORTH PALM BEACH CODE Page Statutory Reference Table ................................... 2819 Code Comparative Table -1970 Code ......................... 2869 Code Comparative Table—Laws of Florida .................... 2873 Code Comparative Table—Ordinances ........................ 2875 Charter Index .............................................. 2933 CodeIndex ................................................. 2935 Supp. No. 71 xvi Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title Page 64 12.1 61 iii 1 13, 14 25 V, vi OC 15,16 68 vii, viii OC 17,18 68 ix OC 65 68 xdl X.ii 1 77 OC x.iii 1 79,80 OC Xi, xii 71 81,82 58 xiii, xiv 71 83 58 xv, xvi 71 133,134 71, Add. SH:1, SH:2 63 134.1, 134.2 62 SH:3, SH:4 71, Add. 134.3, 134.4 71 1 25 135, 136 71 3, 4 25 136.1 71 59 6 25 137, 138 60 7, 8 25 138.1, 138.2 60 9.110 29 138.3, 138.4 68 10.13 10.2 53 138.59 138.6 68 10.3, 10.4 53 138.7, 138.8 68 10.5, 10.6 53 138.9, 138.10 68 11, 12 61 139,140 71, Add. [1] Supp. No. 71, Add. NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 141,142 62 329,330 69 142.15, 142.2 62 331, 332 69 143,144 52 .333, 334 69 144.1 52 335,336 71 1459146 47 337 71 147,148 47 381, 382 71 149:1150 47 383,384 71 151, 152 65 385,386 71 152.1, 152.2 65 387, 388 60 152.2.1 65 3899390 60 152.3, 152.4 47 391,392 60 152.5, 152.6 60 392.1, 392.2 60 153,154 61 392.39 392.4 60 154.1 61 392.5 60 1559156 46 393,394 56 157,158 52 3959396 56 1599160 61 397,398 56 160.19 160.2 61 398.1 56 161,162 46 398.15, 398.16 40 162.15, 162.2 46 39%,400 53 163,164 52 401 53 164.19 164.2 65 453 OC 164.3 65 455,456 22 165,166 48 507 57 1679168 48 509,510 57 169,170 48 511,512 57 211 OC 559 715, Add. 213,214 19 561,562 71 263 59 563 71, Add. 265,266 59 615 36 266.1 59 6179618 67 267,268 52 671 2 269 52 673 24 31%,320 71 695 13 3211322 69 697 52 3239324 69 723 52 3259326 69 725,726 67 3279328 69 727 67 [2] Supp. No. 71, Add. CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 777 66 1065,1066 71 779, 780 66 1067, 1068 71 781,782 66 1069, 1070 61 783,784 66 1121 OC 785, 786 66 1171 65 787,788 66 1173, 1174 65 789,790 66 1175, 1176 70 791, 792 66 1176.1 70 793,794 66 1177:11178 65 7951796 66 1179, 1180 65 797,798 66 1225 61 799 66 1227,1228 61 839 OC 1229, 1230 63 889 39 1231,1232 63 891,892 61 1233, 1234 63 893:1894 52 1235 63 895 50 1237,1238 52 945 67 1239,1240 52 947,948 67 1241, 1242 52 949,950 67 1289 71 951,952 67 1291, 1292 52 953,954 67 1293, 1294 71 955,956 67 1343, 1344 62 997 71 1345,1346 62 999 71 1347, 1348 71 1051, 1052 71 1349, 1350 71 1052.1 71 1350.1, 1350.2 45 1053, 1054 31 1351, 1352 33 1054.1, 1054.2 31 1353, 1354 33 1054.3, 1054.4 31 1355, 1356 33 1055, 1056 36 1356.1 33 1057, 1058 33 1357, 1358 OC 1059, 1060 33 1359, 1360 33 1060.1, 1060.2 43 13619 1362 33 1060.3, 1060.4 43 1363, 1364 52 1060.5 43 1364.1 52 1061, 1062 8 1365, 1366 33 1063, 1064 54 1366.19 1366.2 52 [3] Supp. No. 71, Add. NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1366.3, 1366.4 33 2046.1 62 1367 5 2047, 2048 OC 1411 OC 2049, 2050 OC 1463 OC 2051, 2052 OC 1465, 1466 52 2053 OC 15179 1518 71 2353 OC 1519, 1520 64 2355, 2356 OC 1520.1, 1520.2 64 2357, 2358 33 1520.3, 1520.4 64 2359, 2360 33 1521, 1522 47 2361, 2362 33 1523, 1524 71 2363, 2364 33 1573 24 2364.1 33 1575, 1576 29 2365, 2366 OC 1627 9 2367, 2368 37 1629, 1630 27 2368.1 37 1631 27 2369, 2370 OC 1681, 1682 66 2371, 2372 OC 1683, 1684 33 2373, 2374 33 1684.1, 1684.2 24 2375, 2376 33 1685, 1686 OC 2377, 2378 33 1687,1688 17 2379 67 1689, 1690 66 2479, 2480 67 1691, 1692 66 2481:12482 67 1693, 1694 66 2483, 2484 67 1739 14 2485,2486 67 1741, 1742 21 2486.1 67 1781 65 2487,2488 62 1783, 1784 65 2488.1, 2488.2 62 1785, 1786 65 2488.39 2488.4 62 1787, 1788 65 2488.5, 2488.6 62 1789, 1790 65 2488.7, 2488.8 68 1791, 1792 65 2488.9, 2488.10 67 1793, 1794 65 2488.11 67 1795, 1796 65 2489, 2490 59 1797, 1798 65 2491, 2492 59 1799 65 249392494 59 2043 OC 2495, 2496 59 2045, 2046 62 2497, 2498 59 [4] Supp. No. 71, Add. CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2499, 2500 59 2510.49, 2510.50 25, Add. 2501, 2502 59 2510.51, 2510.52 25, Add. 2503, 2504 62 2510.53, 2510.54 25, Add. 2504.1, 2504.2 62 2510.55, 2510.56 25, Add. 2504.2.1 62 2511, 2512 57 2504.39 2504.4 59 2512.19 2512.2 67 2504.5, 2504.6 59 2512.2.1, 2512.2.2 67 2504.79 2504.8 59 2512.2.3 67 2505, 2506 10 2512.3, 2512.4 49 2507, 2508 13 2512.5, 2512.6 50 2509, 2510 62 2512.79 2512.8 51 2510.1, 2510.2 62 2512.9, 2512.10 67 2510.2.1 62 2512.10.1 63 2510.3, 2510.4 54 2512.11, 2512.12 51 2510.5, 2510.6 54 2512.13 51 2510.7, 2510.8 54 2513, 2514 OC 2510.9, 2510.10 54 2515, 2516 62 2510.11, 2510.12 54 2517, 2518 67 2510.12.1, 2510.12.2 54 251%2520 67 2510.12.3 54 2521, 2522 67 2510.139 2510.14 25, Add. 2523, 2524 67 2510.15, 2510.16 255, Add. 2524.1 67 2510.17, 2510.18 25, Add. 2525, 2526 62 2510.199 2510.20 25, Add. 2527, 2528 62 2510.215 2510.22 25, Add. 252%2530 67 2510.23, 2510.24 51 2531, 2532 67 2510.259 2510.26 259 Add. 2533 67 2510.27, 2510.28 25, Add. 2619 48 2510.29, 2510.30 255, Add. 2819, 2820 71 2510.31, 2510.32 25, Add. 286%2870 OC 2510.339 2510.34 25, Add. 2871 OC 2510.35, 2510.36 51 2873 OC 2510.375 2510.38 25, Add. 2875, 2876 OC 2510.39, 2510.40 25, Add. 2877, 2878 OC 2510.41, 2510.42 259 Add. 287%2880 OC 2510.43, 2510.44 255 Add. 2881, 2882 14 2510.459 2510.46 25, Add. 2883!12884 14 2510.47, 2510.48 255 Add. 2885, 2886 19 [5] Supp. No. 71, Add. NORTH PALM BEACH CODE Page No. Supp. No. 2887, 2888 25, Add. 2889, 2890 33 2891, 2892 51 2893, 2894 60 2895, 2896 719 Add. 2933, 2934 25 2935, 2936 71, Add. 2937,2938 71 2939, 2940 71 2941, 2942 71 2943, 2944 71 2945, 2946 71, Add. 2947, 2948 71 2949, 2950 71 2951, 2952 71 2953, 2954 71 2955, 2956 71 2957, 2958 71 2959 71 2961, 2962 67 2963, 2964 71 [6] Supp. No. 71, Add. SUPPLEMENT HISTORY TABLE Ord. No. Date Adopted Included/ Omitted Supp. No. 2015-15 9-24-15 Omitted 63 2015-16 9-24-15 Omitted 63 2015-17 1-14-16 Omitted 63 2015-18 9-24-15 Omitted 63 2015-19 11-12-15 Included 63 2015-20 11-12-15 Included 63 2015-21 12-10-15 Omitted 63 2015-22 12-10-15 Included 63 2016-02 1-14-16 Omitted 63 2016-03 1-14-16 Omitted 63 2016-01 4-28-16 Omitted 64 2016-04 1-28-16 Omitted 64 2016-05 3-24-16 Omitted 64 2016-06 5-12-16 Included 64 2016-25(Res.) 5-12-16 Omitted 64 2016-07 9- 8-16 Included 65 2016-08 9-22-16 Omitted 65 2016-09 9-22-16 Omitted 65 2016-10 11-10-16 Omitted 65 2016-11 12- 8-16 Omitted 65 2017-01 1-12-17 Omitted 65 2017-02 1-12-17 Included 65 2017-03 1-26-17 Included 65 2017-04 2- 9-17 Omitted 65 2017-05 2- 9-17 Omitted 65 2017-08 5-25-17 Omitted 66 2017-10 7-27-17 Omitted 66 2017-11 8-24-17 Included 66 2017-12 9-28-17 Omitted 66 2017-13 9-28-17 Included 66 2017-14 9-28-17 Omitted 66 2017-15 9-28-17 Omitted 66 2017-16 10-12-17 Omitted 67 2017-17 10-12-17 Omitted 67 2017-18 10-12-17 Included 67 2017-19 11- 9-17 Omitted 67 2017-20 11- 9-17 Omitted 67 2017-21 12-14-17 Included 67 2017-22 12-14-17 Included 67 2017-23 12-14-17 Included 67 2017-24 12-14-17 Included 67 2017-25 12-14-17 Omitted 67 2018-01 1-11-18 Included 68 2018-03 4-12-18 Omitted 68 2018-04 5-10-18 Included 69 2018-02 9-27-18 Omitted 70 Supp. No. 71, Add. SH:3 NORTH PALM BEACH CODE Ord. No. Date Adopted Included/ Omitted Supp. No. 2018-05 8- 9-18 Omitted 70 2018-06 10- 1-18 Omitted 70 2018-07 10- 1-18 Omitted 70 2018-08 10- 1-18 Omitted 70 2018-09 12-13-18 Included 70 2019-01 3-14-19 Included 71 2019-02 4-11-19 Omitted 71 2019-04 5-23-19 Included 71, Add. Supp. No. 71, Add. SH:4 Chapter 5 BOATS, DOCKS AND WATERWAYS* Article I. In General Sec. 5-1. Definitions. Sec. 5-2. Speed limit; wakes. Sec. 5-3. Swimming in restricted waters. Sec. 5-4. Exhibition boats exempted from certain restrictions. Sec. 5-5. Water skiing. Sec. 5-6. Disturbing other boats. Sec. 5-7. Use of searchlights. Sec. 5-8. Abandoned boats. Sec. 5-9. Mooring at private or public docks without permission. Sec. 5-10. Observance of village health and conduct rules. Sec. 5-11. Cleanliness of docks. Sec. 5-12. Refuse disposal. Sec. 5-13. Pollution of waterways. Sec. 5-14. Hours for running engines in residential districts. Sec. 5-15. Living aboard boats restricted. Sec. 5-16. Mooring limitations in waterways (private docks and piers). Sec. 5-17. Authority of village to board boats violating chapter. Sec. 5-18. Prohibition of floating structures. Sec. 5-19. Unlawfully anchored or moored vessels -Department of law enforcement to impound. Sec. 5-20. Same -Owner to be notified upon impoundment. Sec. 5-21. Same -Procedure in event owner cannot be found. Sec. 5-22. Same -Unclaimed vessel to be sold; certification of sale. Sec. 5-23. Same -Claiming of vessel of floating structure by owner; pay- ment of costs. Sec. 5-24. Same -Reclamation of owner after sale. Sec. 5-25. Occupancy of live aboard boats, floating structure or vessels in village waterways. Sec. 5-26. Reserved. Secs. 5-27-5-32. Reserved. Article II. Boat Launching Area Sec. 5-33. Designated; use restricted. Sec. 5-34. Repairs prohibited. Sec. 5-35. Vehicle/trailer parking in designated areas; permits required. Sec. 5-36. Abandoned boats and equipment -Disposition. Sec. 5-37. Same -Recovery. Sec. 5-38. Violation; penalty. Secs. 5-39-5-48. Reserved. Article III. Construction Requirements Division 1. Generally Secs. 5-49-5-55. Reserved. *Cross references -Bulkhead lines, Ch. 7; parks, playgrounds and recreation, Ch. 20. State law references -Beautification and improvement of waterways, F.S. § 342.03; Florida Vessel Registration and Safety Law, F.S. ch. 327. Supp. No. 71 319 NORTH PALM BEACH CODE Division 2. Canals Sec. 5-56. Compliance with division required. Sec. 5-57. General requirements. Sec. 5-58. Navigation canals. Sec. 5-59. Drainage canals. Sec. 5-60. Canal crossings. Sec. 5-61. Surety bond prerequisite to issuance of building permit in certain cases. Secs. 5-62-5-68. Reserved. Division 3. Bulkheads and Seawalls Sec. 5-69. Compliance with division required. Sec. 5-70. Submission of plans and specifications. Sec. 5-71. Specifications. Sec. 5-72. Reserved. Sec. 5-73. Inspection required. Secs. 5-74-5-80. Reserved. Division 4. Docks and Piers Sec. 5-81. Definitions. Sec. 5-82. Generally. Sec. 5-83. Minimum design requirements. Sec. 5-84. Regulations governing construction in waters other than Lake Worth and Atlantic Ocean. Sec. 5-85. Regulations governing construction in Lake Worth and Atlantic Ocean. Sec. 5-86. Variances. Secs. 5-87-5-92. Reserved. Division 5. Erosion Control Structures Sec. 5-93. Definition. Sec. 5-94. When permitted. Sec. 5-95. Construction. Sec. 5-96. Control. Secs. 5-97-5-100. Reserved. Article IV. Marine Sanctuaries Sec. 5-101. Designation of waters as marine sanctuaries. Article V. Waterways Board Sec. 5-102. Created. Sec. 5-103. Composition; terms. Sec. 5-104. Duties. Sec. 5-105. Reserved. Sec. 5-106. Reserved. Supp. No. 71 320 BOATS, DOCKS AND WATERWAYS § 5-2 ARTICLE I. IN GENERAL Mooring shall mean the securing of a vessel or floating structure by any means. Sec. 5-1. Definitions. As used in this chapter, unless the context indicates otherwise, the following terms shall have the indicated meanings: Anchor shall mean any appliance used to secure a vessel or floating structure other than to a pier, dock or bulkhead which is carried aboard such vessel as regular equipment when under way and cast or dropped overboard. Boat means any watercraft, including seaplanes when not airborne, in or upon or docked, moored or upon boat lifts at any place in any waterway within the boundaries of the village. Floating structure shall mean a floating entity, with or without accommodation built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement on real property. The term includes, but is not limited to, an entity used as a residence, place of business or office with public access, a hotel or motel, a restaurant or lounge, a clubhouse, a meeting facility, a storage or parking facility, or similar facility or entity represented as such Floating structures are expressly excluded from the definition of the term vessel as defined in both F.S. § 327.02 and this section. Incidental movement upon water or resting partially or entirely on the bottom does not, in and of itself, preclude an entity from being classified as a floating structure nor shall registration of the entity as a vessel in accordance with F.S. ch. 327. Live -aboard boat or vessel means: (a) Any boat or vessel used solely as a residence and not for navigation; (b) Any boat or vessel represented as a place of business or a professional or other commercial enterprise; or (c) Any boat or vessel for which a declara- tion of domicile has been filed pursuant to F.S. § 222.17. A commercial fishing boat is expressly excluded from this defini- tion. Supp. No. 69 321 Prohibited area shall mean all water bottom lands within the village not authorized by this Code for the anchorage or mooring of vessels. Vessel is synonymous with boat as referenced in section 1(b), Article VII of the State Constitu- tion and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Waterway means any waters, waterway, lake, river, tributary, canal, lagoon or connecting waters within the boundaries of the village. (Code 1970, § 11-1; Ord. No. 212-70, § 2; Ord. No. 12-98, § 1, 4-23-98; Ord. No. 11-99, § 1, 2-11-99; Ord. No. 2010-03, § 2, 1-28-10; Ord. No. 2015-19, § 1, 11-12-15; Ord. No. 2018-04, § 2, 5-10-18) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 5-2. Speed limit; wakes. No person shall operate a boat or any other vessel, including water sport apparatus or other physical object capable of transporting human beings or cargo on water, at a speed in excess of five (5) miles per hour, in any of the waterways within the corporate limits of the village, with the exception of the waters of Lake Worth and the Intracoastal Waterway, except in cases of fire or extreme emergency. In addition to the five -mile -per -hour speed limit, no person shall operate a boat or any other vessel, including water sport apparatus, or other physical object capable of transporting human beings or cargo on water, which shall cause a wake in any of the waterways within the corporate limits of the village, with the exception of the waters of Lake Worth and the Intracoastal Waterway, except in cases of fire or extreme emergency. A "wake" is defined as causing "white water to be seen breaking off the bow" of the boat or vessel. (Code 1970, § 11-43; Ord. No. 212-70, § 6; Ord. No. 5-87, § 1, 2-26-87) § 5-3 NORTH PALM BEACH CODE Sec. 5-3. Swimming in restricted waters. No person shall engage in swimming in any waters lying within one thousand (1,000) feet of the intersection of the Earman River and the North Palm Beach Waterway. (Code 1970, § 11-44) Sec. 5-4. Exhibition boats exempted from certain restrictions. The provisions of this chapter shall not be construed to prohibit the running of racing or exhibition boats, muffled or unmuffled, during a publicly announced and supervised and adequately patrolled regatta or speed trial or exhibition. (Code 1970, § 11-48; Ord. No. 212-70, § 7) Sec. 5-5. Water skiing. No person shall water ski in any of the waterways located within the corporate limits of the village, nor shall any person operate any boat for towing a person on water skis in any of the waterways located within the corporate limits of the village; provided, however, that, nothing in this section shall be construed to prohibit water skiing in the waters of Lake Worth or the Intracoastal Waterway. (Code 1970, § 11-50; Ord. No. 212-70, § 10) Sec. 5-6. Disturbing other boats. No person shall operate a boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat, or throw up a dangerous wake when approaching another boat. (Code 1970, § 11-51; Ord. No. 212-70, § 11) Sec. 5-7. Use of searchlights. No person operating a boat shall use searchlights indiscriminately or in such manner as to annoy or disturb other persons or boats. (Code 1970, § 11-52; Ord. No. 212-70, § 12) Sec. 5-8. Abandoned boats. Every boat in a waterway which is abandoned or unseaworthy, or sinks, grounds or becomes otherwise disabled, is hereby declared to be a Supp. No. 69 322 nuisance and the person in charge thereof shall abate such nuisance within ten (10) days after notice from the director of public safety. (Code 1970, § 11-53; Ord. No. 212-70, § 13) Sec. 5-9. Mooring at private or public docks without permission. No person shall moor a boat at a private or public seawall or dock or beach if upon private or public property within the village without the permission of the owner or public entity thereof. (Code 1970, § 11-56; Ord. No. 212-70, § 16; Ord. No. 11-99, § 2, 2-11-99; Ord. No. 2018-04, § 2, 5-10-18) Sec. 5-10. Observance of village health and conduct rules. No person in charge of or occupying boats docked at or moored to land, docks, piers or wharves abutting waterways shall fail to observe all the health and sanitary regulations of the village, and all ordinances of the village relating to the conduct of persons and prohibiting acts contrary to public health, morals, safety or public peace. (Code 1970, § 11-57; Ord. No. 212-70, § 17; Ord. No. 2018-04, § 2, 5-10-18) Cross reference—Health and sanitation, Ch. 14. Sec. 5-11. Cleanliness of docks. Persons in charge of or occupying boats shall at all times keep the docks, seawalls and premises adjacent to such watercraft in a neat and orderly manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. (Code 1970, § 11-58; Ord. No. 212-70, § 18) Sec. 5-12. Refuse disposal. No person in charge of or occupying a boat shall dump or throw or permit to be dumped or thrown garbage, paper, bottles, cans, refuse or debris into waterways. Persons in charge of boats moored or docked in the waterways shall provide garbage cans of sufficient size to hold garbage and refuse. (Code 1970, § 11-59; Ord. No. 212-70, § 19; Ord. No. 2018-04, § 2, 5-10-18) BOATS, DOCKS AND WATERWAYS § 5-58 ing a currently effective permit issued under section 5-35 of this chapter, has abandoned such boat, boat trailer or piece of boat equipment. (b) Thereupon, it shall be lawful for the vil- lage, through its officers or employees, to remove such abandoned material from such area, destroy- ing that which is junk and disposing of all other material for the best price, and upon the best terms available. The net proceeds of any such sale shall be deposited in the general fund of the village. (Code 1970, § 11-14) Sec. 5-37. Same—Recovery. At any time within ninety (90) days after the disposition of any boat, boat trailer or equipment under section 5-36 of this chapter, the owner, or any person having any alleged interest in such disposed of property, may, upon making proof of such ownership or interest, recover back from the village the proceeds of the sale, less all the expenses of caring for, moving, advertising and making such sale. (Code 1970, § 11-15) Sec. 5-38. Violation; penalty. Violation of any provision of section 5-33, Designated; use restricted or section 5-35, Vehicle/ trailer parking in designated areas; permits required, shall result in a civil fine of fifty dollars ($50.00) for a first offense and one hundred dollars ($100.00) for any subsequent violation. (Ord. No. 2006-08, § 3, 6-8-06) Secs. 5-39-5-48. Reserved. ARTICLE III. CONSTRUCTION REQUIREMENTS* DIVISION 1. GENERALLY Secs. 5-49-5-55. Reserved. *Cross references—Buildings and building regulations, Ch. 6; coastal construction code, § 6-151 et seq. Supp. No. 69 327 DIVISION 2. CANALS Sec. 5-56. Compliance with division required. All canals for navigation and/or drainage purposes to be dug or constructed within the corporate limits of the village, either in whole or in part, whether or not such canal is dedicated to the public, shall be subject to the requirements set forth in this division. (Code 1970, § 11-21) Sec. 5-57. General requirements. (a) All canals shall be provided with reinforced or prestressed concrete bulkheads which shall meet the requirements of the village building code and the village ordinances concerning zoning as they are concerned with bulkheads. (b) All canals to be constructed in areas proposed to be platted shall meet the require- ments of the subdivision ordinance of the village, as set out in Appendix B of this volume, and amendments thereto, and must be approved as part of the plan of development of the proposed platted area. (c) Canals to be constructed in unplatted areas shall meet the requirements of the village build- ing code and all ordinances of the village relating to zoning, and plans for the construction of any canal must be approved by the engineers of the village prior to the issuance of a building permit for such canal. (Code 1970, § 11-24) Cross reference—Zoning, App. C. Sec. 5-58. Navigation canals. Canals which may be used for navigation shall have a minimum width of eighty (80) feet face to face of bulkheads constructed on the sides thereof, with the exception of the bottom profile require- ments dictated by the bulkhead design. All such canals shall have a minimum bottom elevation of minus eight (-8) feet mean sea level. (Code 1970, § 11-22) § 5-59 NORTH PALM BEACH CODE Sec. 5-59. Drainage canals. Canals which are constructed or dug for drain- age purposes only and which may be used for drainage purposes only shall be of the width required to provide sufficient cross section for drainage requirements and shall have a minimum bottom elevation of minus eight (-8) feet mean sea level. The determination of whether or not the intended use of a canal is for drainage purposes only shall be set forth on the dedication of a plat if such canal is included in a platted area, and such determination for canals in unplat- ted areas shall be made by the village building inspector. The village building inspector shall determine that a canal has been constructed for drainage purposes only if the canal cannot be used for navigational purposes by virtue of its width, other construction features or by virtue of inability of boats to travel thereon continuously to open water. (Code 1970, § 11-23) Sec. 5-60. Canal crossings. All roadway crossings for all proposed canals for navigation purposes or for navigation and drainage purposes shall have a minimum verti- cal clearance of sixteen (16) feet above mean high water and a minimum horizontal clearance of twenty (20) feet face to face of piling or bulkhead. Plans for all crossings of navigation canals or navigation and drainage canals shall be submitted to the village engineers and must be approved by them in writing prior to being constructed. (Code 1970, § 11-25) Sec. 5-61. Surety bond prerequisite to issu- ance of building permit in certain cases. (a) Before a building permit is issued for the digging or construction of a canal in an unplat- ted area or in an area where such canal is not to be dedicated to the public, the applicant for such permit shall furnish a surety company bond satisfactory to the village council, guaranteeing that within twelve (12) months from the date of the permit the construction of the canal, together with the bulkhead or seawall requirements set Supp. No. 69 328 forth herein, shall be entirely completed in full accordance with the approved plans submitted under this chapter, and copies of these regula- tions shall be attached to and constitute a part of the bond agreement. (b) No permit shall be issued for the construc- tion or digging of any such canal without such bond. (c) Extensions of the bond required herein or waiver of such bond may be made by the village council where it is determined by the council that the financial resources and the integrity and reliability of the applicant for a permit is satisfactory and acceptable to the village council and such bond is not necessary for the performance of the terms of this chapter. (Code 1970, § 11-31) Secs. 5-62-5-68. Reserved. DIVISION 3. BULKHEADS AND SEAWALLS* Sec. 5-69. Compliance with division required. All bulkheads or seawalls to be constructed within the corporate limits of the village shall meet the requirements set forth in this division. (Code 1970, § 11-26) Sec. 5-70. Submission of plans and specifica- tions. Plans and specifications for any bulkhead or seawall to be constructed within the corporate limits of the village shall be submitted by an engineer registered in the state and shall bear his certification and seal on the face thereof. (Code 1970, § 11-27) Sec. 5-71. Specifications. All bulkheads and seawalls to be henceforth constructed shall be of reinforced or prestressed concrete construction and shall be subject to the following minimum requirements: (1) All materials and construction methods utilized in the construction shall conform *Cross reference—Bulkhead lines generally, Ch. 7. BOATS, DOCKS AND WATERWAYS § 5-81 i to the applicable portion of the latest state department of transportation standard specifications. (2) Bulkheads and seawalls may be of either the king pile -and -slab type or of the tongue -and -groove -concrete -sheet -pile type or of any other type which contains comparable or better qualities for the purposes of bulkheads or seawalls, depend- ing upon the recommendation of the designing engineer. All bulkheads and seawalls shall be capped with a continu- ous reinforced concrete cap a minimum of ten (10) inches in depth and fifteen (15) inches in width and shall be provided with a two-inch chamfer on the top edges of the cap. All bulkheads or seawalls shall be of the anchored type using a suitable tie -back system. The bulkhead cap shall be placed at elevation five and five -tenths (5.5) feet mean sea level, or shall conform to the elevation of the bulkhead caps in existence on adjacent property insofar as possible. Special excep- tions to this elevation requirement may be granted if the installation is in connec- tion with commercial or industrial development. (3) All reinforcing steel shall be provided with a minimum of two and one-half (21/2) inches of concrete cover. Exposed steel and anchors, tie rods, etc., shall be coated with a protective coating of an approved type to prevent corrosion. (4) All exposed concrete shall be troweled or rubbed smooth prior to setting whether concrete is cast -in-place or precast construction. (5) Plans submitted for the construction of bulkheads and seawalls shall contain a cross section of the proposed channel on the canal side of the bulkhead wall. (Code 1970, § 11-28) Sec. 5-72. Reserved. Editor's note—Ord. No. 27-2003, § 2, adopted Sept. 9, 2003, repealed § 5-72 in its entirety. Former § 5-72 pertained to permit fee and derived from Code 1970, § 11-29. Supp. No. 69 329 Sec. 5-73. Inspection required. After issuance of a construction permit and commencement of construction on any seawall or bulkhead, the work shall be subject to the follow- ing inspection requirements by the village build- ing inspector: (1) The village building inspector shall be present during the first installation of king pile or support sheet and shall inspect the site prior to backfilling any anchors or tie rods and before pouring any cast -in-place construction and before final cap pouring. (2) All precast prestressed sections shall be certified by the manufacturer to the effect that the sections are in conformance with the plans and specifications accompany- ing the permit, and copies of the certifica- tion shall be furnished to the building inspector. (Code 1970, § 11-30) Secs. 5-74-5-80. Reserved. DIVISION 4. DOCKS AND PIERS Sec. 5-81. Definitions. As used in this division, the following terms shall have the indicated meanings, unless the context clearly indicates otherwise: Batter pile means pile that is designed and installed on a slope other than vertical in order to resist horizontal as well as vertical forces. Commercial dock means a wharf, dock or pier facility for tenants of hotels, apartment houses, condominiums and for commercial uses and shall be constructed only in zoning districts other than R-1 and R-2. Floating vessel platform means a structure that floats at all times in the water and is used solely for the purpose of supporting a vessel so that the vessel is out of the water when not in use. A floating boat lift shall be included within the definition of floating vessel platform. Pier means a dock that extends more than five (5) feet perpendicular to a bulkhead or shoreline. § 5-81 NORTH PALM BEACH CODE Private dock, pier, mooring buoy and floating anchor mean those that shall only be used by the occupant and his family and shall be constructed only in R-1 and R-2 Zoning Districts. A private dock, pier, mooring buoy or floating anchor shall not be rented or leased. Shore or shoreline shall mean, in the absence of a bulkhead, the mean high-water mark. Wave break means a structure designed only to break up waves or boat wakes, not to be used for mooring or docking boats. (Code 1970, § 11-32; Ord. No. 3-71, § 2; Ord. No. 1-73, § 1; Ord. No. 35-90, § 1, 9-27-90; Ord. No. 13-98, § 1, 5-14-98; Ord. No. 04-2001, § 1, 2-8-01; Ord. No. 2018-04, § 3, 5-10-18) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 5-82. Generally. (a) Docks, piers, mooring buoys and anchors, boat davits and other boat -lifting devices and other approved structures shall be owned and constructed only by the upland landowner. (b) Boat davits and other boat -lifting devices shall require a building permit. (c) Docks, piers, mooring buoys and anchors and other waterside structures shall require a building permit. (d) The length or width of a dock or pier, as applicable, shall include all protrusions therefrom. (Code 1970, § 11-33; Ord. No. 3-71, § 2; Ord. No. 10-2000, § 1, 4-13-00; Ord. No. 2018-04, § 3, 5-10-18) Sec. 5-83. Minimum design requirements. (a) Coverings. Any sun, wind or weather cover- ing to be constructed over a dock or pier shall require a permit and shall be classified as a canopy and shall meet the building code as such. (b) Decking elevation. The main deck of a dock or pier shall be placed at a minimum of three and five -tenths (3.5) feet above mean sea level. The steps from the ground or bulkhead cap shall not exceed seven (7) inches for each step. (c) Wave break. The bottom wave breaking stringer shall not extend below mean low water. Supp. No. 69 330 (d) Floating docks. Free-standing piling for floating docks shall be a minimum schedule 40, six-inch diameter, pea rock concrete filled steel pipe or six-inch plastic pipe filled with pea rock concrete and two (2) equally spaced number four reinforcing bars, suitably tied. Attaching rings shall be steel or chain. Smaller piling may be allowed when properly structurally designed. (e) Floating vessel platforms. (1) Floating vessel platforms shall be secured in the same manner as floating docks as specified above, or in the manner speci- fied by the manufacturer, or as designed by a Professional Engineer licensed in the State of Florida. (2) The vessel on top of the floating platform must be independently secured to a fixed dock, seawall, or similar structure on the property to which it is accessory by a mooring line or chain of sufficient strength and condition as if the vessel were float- ing independently. (3) Floating vessel platforms shall use flota- tion materials that are either fully encapsulated or suitable for marine use, resistant to puncture and loss of internal components, resistant to fire, cracking and peeling, and generally impervious to water or fuel damage. (f) Construction material. Construction mate- rial for piers and docks shall meet the following requirements: (1) Piling. a. Minimum bottom penetration is to be six (6) feet. b. Concrete piling is to be minimum eight -inch by eight -inch or eight - inch diameter reinforced with four (4) number five (5) rods with number two (2) hoops eight (8) inches on center. C. Wood piling is to be minimum ten - inch butt diameter and the treat- ment shall conform to AWPB MP1, BOATS, DOCKS AND WATERWAYS § 5-84 MP2 or MP4. Pile cutoff shall be (k) Batter piles. treated in accordance with AWPA M4. (1) Batter piles are to be designed by a Florida registered professional engineer. d. All piling are to be set a maximum of ten (10) feet on center for timber (2) Batter piles are to be constructed of prestressed concrete. deck construction. (2) Stringers and bracing. Stringers and brac- ing, if lumber, shall be a minimum two- inch by eight -inch. (3) Decking. Decking, if lumber, shall be a minimum two-inch by six-inch. (4) Fasteners. a. All bolts, nuts, washers and nails shall be hot dipped galvanized or zinc plated or equal. b. Stringers and braces shall be fastened with minimum one -half- inch bolts. (5) Dock lumber. All dock lumber shall be pressure treated or equal. (6) Concrete strength. All concrete shall be a minimum strength of thirty-five hundred (3,500) psi in twenty-eight (28) days. (7) Blocks. If dock is to be supported by a bulkhead, four -inch by four -inch blocks or equal shall be bolted to bulkhead wall; stringer shall be bolted to four -inch by four -inch blocks. (g) Structural equivalents permitted. Docks and piers of other design and material may be permitted when structurally equivalent to the above. (h) Commercial docks and piers. All com- mercial docks and piers are to be designed by a Florida registered professional engineer. (i) Dolphins and tie poles. (1) Bottom penetration is to be a minimum of six (6) feet. (2) Materials and construction are to be the same as dock and pier pilings. (j) Commercial marinas. All fixed docks and piers to be constructed in commercial marinas shall be concrete or equal. Supp. No. 69 331 (3) A building permit shall be required prior to construction for all batter piles. (4) Batter piles shall be installed only under the following conditions: a. Obstructions prevent use of standard tiebacks and anchors to reinforce bulkheads. b. Existing bulkhead has failed or is in danger of failing. C. Not to be used in the construction of new bulkheads. (5) Base of batter pile shall extend a maximum of five (5) feet from the waterside face of the bulkhead. (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. 35-90, §§ 2-6, 9-27-90; Ord. No. 2008-04, § 2, 1-24-08; Ord. No. 2018-04, § 3, 5-10-18) Sec. 5-84. Regulations governing construc- tion in waters other than Lake Worth and Atlantic Ocean. All docks or other approved structures to be constructed waterside of bulkheads or land in the lagoons, waterways or other bodies of water in the village, other than the waters of Lake Worth and the Atlantic Ocean, shall be constructed in accordance with the following requirements and regulations: (1) Prior to a permit being issued by the village, a permit shall be obtained from such other authority that has a vested interest in the waterway. (2) In regard to construction waterside of any lot having fifty -foot or less frontage on the water, docks shall not be placed within five (5) feet of the side property line extended. (3) In regard to construction waterside of any lot having greater than fifty -foot § 5-84 NORTH PALM BEACH CODE frontage on the water, docks shall not be placed within ten (10) feet of the side property line extended. (4) Dead end lagoon. In regard to construc- tion waterside of any platted lot at the dead end of a lagoon, a dock or a pier may be placed zero (0) feet from the side property line extended when all the fol- lowing requirements are complied with: a. The lot/lots shall be in a R-1 Single Family Dwelling District. b. Building permits shall be obtained as required by section 5-82 of this chapter. C. At least one (1) lot shall have less than seventy-five (75) feet frontage on the water. d. A dock or pier, but not both, shall be constructed at the same time on both sides of the common property line in question or, in the alterna- tive, if one of the property owners chooses to construct the dock or pier at a future date, that property owner shall record a deed restriction in the public records, in a form acceptable to the village attorney, limiting the location of the future dock or pier to the property line and requiring that it mirror the dock or pier constructed on the adjacent property. No permit shall be issued until the restriction is recorded. e. The dock or pier on a lot shall be structurally independent of the dock or pier on the adjacent lot. (5) Docks shall extend a maximum of five (5) feet out from the face of the bulkhead wall. Notwithstanding the foregoing, float- ing docks constructed within the North Palm Beach Waterway may extend a maximum of ten (10) feet out from the face of the bulkhead wall, provided, however, that the mooring of vessels to such extended floating docks, for purposes other than loading or unloading, is prohibited. Supp. No. 69 332 (6) a. Piers not exceeding six (6) feet in width may extend waterside a maximum of fifteen (15) feet in lagoons, twenty (20) feet in the North Palm Beach Waterway, twenty-five (25) feet in West Lake and forty (40) feet in North Lake and not more than twenty-five (25) percent of the waterway width of the Earman River; provided, however, that, a pier may extend waterside a maximum of fifty-five (55) feet when connected with a commercial marina operation in a commercial zoned piece of property so long as said construction leaves a minimum clear water distance of forty (40) feet between the pier and any opposite bulkhead or water structure which may be constructed in accordance with this chapter. Piers located in the Earman River may be constructed with "L" heads, "T" heads, or other configurations that may allow for the docking of vessels parallel to the shore provided the maximum allowable length waterside is reduced by twelve (12) feet. b. Piers located on Teal Way in Prosper- ity Harbor may not exceed six (6) feet in width and shall be a maximum of forty (40) feet in length. Piers located per this section shall not be closer to the side property line extended than half of its extension waterside of the bulkhead. (7) In lagoons, dolphin poles, wave breaks, mooring posts, mooring buoys or floating anchors shall be placed a maximum of twenty (20) feet from the face of the bulkhead or the shore. Wave breaks shall be allowed only at lagoon entrances open- ing into Lake Worth. (8) In the North Palm Beach Waterway, dolphin poles, mooring posts, mooring buoys or floating anchors shall be placed a maximum of thirty (30) feet from the face of the bulkhead of the shore. BOATS, DOCKS AND WATERWAYS § 5-85 1 (9) In the Earman River, dolphin poles, wave breaks, mooring posts, mooring buoys or floating anchors shall be placed not more than twenty-five (25) percent of the waterway width from the bulkhead or the shore. Wave breaks shall be allowed only at the entrance to Lake Worth. (10) In West Lake, and North Lake, and water front properties along Teal Way, dolphin poles, mooring posts, mooring buoys or floating anchors shall be placed a maximum of fifty (50) feet from the face of the bulkhead or the shore. (11) Dolphin or mooring post location shall be inside the side property line extended and shall be determined by the building department. (12) In no instance shall any structure extend more than twenty-five (25) percent of the width of the water. (13) For the purposes of this section, the face of the bulkhead wall shall refer to the waterfront face of a retaining wall of approved materials constructed adjacent to navigable waters and shall not include the seawall cap, batter piles or king piles. (14) Floating vessel platforms may be installed with minimum side setbacks as specified above for docks, and with maximum waterside extension as specified above for dolphin poles and mooring posts. (Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No. 6-73, § 1; Ord. No. 36-95, §§ 1, 2, 12-14-95; Ord. No. 28-98, §§ 1-3, 12-10-98; Ord. No. 09-2001, § 1, 4-12-01; Ord. No. 27-2003, § 1, 9-9-03; Ord. No. 2011-11, § 2, 6-23-11; Ord. No. 2014-02, § 2, 3-27-14; Ord. No. 2018-04, § 3, 5-10-18) Sec. 5-85. Regulations governing construc- tion in Lake Worth and Atlantic Ocean. All residential piers, docks or other approved structures to be constructed waterside of the bulkhead line or land of the village in Lake Supp. No. 69 333 Worth, or the mean low-water mark of the Atlantic Ocean, shall meet the following regula- tions and requirements: (1) The design of any pier to be constructed under the provisions of this division shall be performed by an engineer registered in the state, and detailed construction drawings shall be submitted bearing the certification and seal of such engineer. (2) Prior to a permit being issued by the village, a permit shall be obtained from such other authority that has a vested interest in the waterways. Nothing contained in this division shall be construed to affect the rights or obliga- tions connected with spoil areas located in Lake Worth within one hundred (100) feet lakeward of the bulkhead line referred to above and the granting of a permit by the village does not release the applicant from personally determining what, if any, effect such spoil areas may have upon any construction done in accordance with this division. (3) No pier shall extend beyond a line fifty (50) feet waterside from and parallel to the bulkhead line of the village. (4) The centerline of all piers shall be on a uniform alignment. (5) Piers may be constructed with "L" heads or "T" heads of fifty (50) feet. A finger pier shall not exceed twenty-two (22) feet in length and shall be a maximum of six (6) feet and a minimum of three (3) feet in width. (6) No point on any pier shall be closer than twenty (20) feet to either side property line projected along a line parallel to the pier center line or closer than forty (40) feet to any part of another pier. (7) Piers shall have a maximum width of ten (10) feet, and a minimum width of six (6) feet. (8) Dolphins or mooring posts may be installed adjacent to piers, with location to be determined by the building depart- ment. § 5-85 NORTH PALM BEACH CODE (9) In regard to construction waterside of will not be contrary to the public interest any lot having fifty (50) feet or less when, owing to special conditions, a literal frontage on the water, docks shall not be enforcement of the provisions of the placed within five (5) feet of the side ordinance would result in unnecessary property line extended. and undue hardship. In order to authorize (10) In regard to construction waterside of any variance from the terms of the any lot having greater than fifty (50) feet ordinance, the board of adjustment must frontage on the water, docks shall not be find: placed within ten (10) feet of the side "1. That special conditions and property line extended. circumstances exist which are (11) Freestanding wave breaks shall not be peculiar to the land, structure, or permitted. building involved and which are not applicable to other lands, structures, (12) Mooring buoys and anchors shall be or buildings in the same zoning designed and located in such a manner district; as to not allow the moored vessel to cross the side property lines extended. Moor- "2. That the special conditions and ing buoys and anchors shall be located circumstances do not result from parallel to the bulkhead no more than the actions of the applicant; one hundred fifty (150) feet from the "3. That granting the variance requested bulkhead. No live-aboards are allowed. will not confer on the applicant any The upland landowner shall not moor or special privilege that is denied by anchor more than one (1) boat. this ordinance to other lands, build - (13) Floating vessel platforms may be installed ings, or structures in the same zoning with minimum side setbacks as specified district; above for docks, and with maximum "4. That literal interpretation of the waterside extension as specified above provisions of the ordinance would for piers. deprive the applicant of the rights (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. commonly enjoyed by other proper - 35 -90, §§ 7, 8, 9-27-90; Ord. No. 13-98, § 2, ties in the same zoning district under 5-14-98; Ord. No. 11-99, § 3, 2-11-99; Ord. No. the terms of the ordinance and would 10-2000, § 2, 4-13-00; Ord. No. 2008-04, § 2, work unnecessary and undue hard - 1 -24-08; Ord. No. 2018-04, § 3, 5-10-18) ship on the applicant; Sec. 5-86. Variances. The board of adjustment created and described in section 21-21 of this Code shall have the power to authorize upon appeal such variance from the terms of section 5-85(3) as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of those sections of the village Code as they pertain to properties located on Lake Worth will result in unnecessary and undue hardship. In order to authorize any variance from the terms of those sections of the village Code, the board of adjustment must find the factors set forth in F.S. section 163.225(3)(a), (b), (c): "(3) (a) To authorize upon appeal such vari- ance from the terms of the ordinance as Supp. No. 69 334 "5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures; "6.—Thi the grant of the variance- will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. "(b) In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this part and any ordinance enacted under its authority. Violation of such BOATS, DOCKS AND WATERWAYS conditions and safeguards, when made a part of the terms under which the vari- ance is granted, shall be deemed a viola- tion of the ordinance. (c) The board of adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both. Public notice of all hearings conducted in accordance with this section shall be provided as required by section 21-3 of this Code. (Ord. No. 1-82, § 1, 1-28-82; Ord. No. 28-98, § 4, 12-10-98; Ord. No. 2009-16, § 3, 11-12-09) Secs. 5-87-5-92. Reserved. DIVISION 5. EROSION CONTROL STRUCTURES* Sec. 5-93. Definition. As used in this division, "erosion control structures" shall mean seawalls and/or groins designed to control and prevent erosion of exist- ing land masses which lie outside established bulkhead lines or property lines in waterways, lakes, rivers, lagoons or other bodies of water in the village. (Code 1970, § 11-40; Ord. No. 4-74, § 2) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 5-94. When permitted. Erosion control structures shall be permitted to be constructed in the village only where land masses exist waterward of any property line or bulkhead line in the village and within the rights-of-way of any waterway, lake, river, lagoon or other body of water in the village other than the Atlantic Ocean. Erosion control structures shall be permitted when the village engineer and village council determine that such structure is necessary to prevent a land mass as described above from eroding into the adjacent body of water. (Code 1970, § 11-40; Ord. No. 4-74, § 2) *Cross reference Coastal construction code, § 6-151 et seq. Supp. No. 71 335 Sec. 5-95. Construction. § 5-101 Construction plans and location of erosion control structures shall be prepared by a Florida registered engineer and be approved by the village engineer. Prior to a permit being issued, permits shall also be obtained from any other authority having a legal interest in the waterway, lake, river, lagoon or other body of water involved. (Code 1970, § 11-40; Ord. No. 4-74, § 2) Sec. 5-96. Control. Every erosion control structure shall be owned and maintained by the village and shall be altered or removed under the authority and decision of the village council. Erosion control structures may be constructed by upland landown- ers under the supervision of the building official of the village. All erosion control structures shall meet the minimum design requirements set forth in this chapter, including permits, fees, surety bonds, minimum design requirements and other regulations. (Code 1970, § 11-40; Ord. No. 4-74, § 2) Secs. 5-97-5-100. Reserved. ARTICLE IV. MARINE SANCTUARIES' Sec. 5-101. Designation of waters as marine sanctuaries. (a) Definition. Marine sanctuary is defined as those areas within the village where the tide ebbs and flows including, but not limited to, Lake Worth, the Intracoastal Waterway and other water areas throughout the village which under normal circumstances support vegetation typically adapted for life in the water and for the preservation and growth of fish breeding, recreation and aesthetic areas. (b) Areas designated. The village nominates all water areas within its corporate limits, and, in particular, Lake Worth and the Intracoastal 'Editor's note—Ord. No. 18-79, § 1, adopted Sept. 13, 1979, amended the Code by adding § 7-25. However, for purposes of classification, the new provisions have been redesignated as Ch. 5, Art. IV, § 5-101, at the editor's discretion. § 5-101 NORTH PALM BEACH CODE Waterway, to be designated as "a marine and wildlife sanctuary" as provided for under Title III of the Marine Protection, Research and Sanctuaries Act of 1972. The village clerk is hereby directed to request the secretary of com- merce to so designate those portions of North Palm Beach to be marine sanctuaries. (c) Area to be regulated. The village hereby declares the waters of Lake Worth and the Intracoastal Waterway within its municipal boundaries to be a marine sanctuary in accordance with its findings that these waters support substantial fish breeding and are one of the last known fish breeding areas in Lake Worth, and contain therein unique mangrove species, mud flats and other areas conducive to fish breeding and ecological conservation of marine life. Further, that such areas are necessary to be conserved for their ecological purposes, as well as for the substantial recreational purposes of fishing and boating which occur thereon, as well as for the aesthetic value of the substantial expanse of water, together with the marine life, mangroves and foliage connected therewith. Accordingly, the village council hereby undertakes to regulate water areas, mangrove areas and other fish breeding and recreation areas within the village to the extent that such regulations do not conflict with either state or federal law, and no disturbance of existing areas within the village where the tide ebbs and flows may occur without the specific authorization, permit and license of the village, after due notice and hearing as to the ecological, conservation, recreation and aesthetic affect upon these areas shall be had. (d) Construction of section. The terms of this section shall be in addition to any other terms set forth in this Code which are concerned with applications for dredge and fill permits, applica- tions for building, setback applications, etc., and shall not be considered to be in lieu of any requirements contained in the village Code. (Ord. No. 18-79, § 1, 9-13-79) Cross reference—Filling permits, §§ 7-16-7-20. ARTICLE V. WATERWAYS BOARD - Sec. 5-102. Created. Supp. No. 71 336 A waterways board (hereinafter referred [to] as the "board") for the village is hereby created. (Ord. No. 18-2004, § 1, 7-22-04) Sec. 5-103. Composition; terms. (a) Composition. The waterways board shall consist of seven (7) members who shall be village residents. (b) Terms. The village council shall appoint members on an annual basis during April of each year to take effect the following May 1 of each year for staggered terms of three (3) years as determined by the village council. (Ord. No. 18-2004, § 1, 7-22-04; Ord. No. 2006- 09, § 1, 6-22-06; Ord. No. 2019-01, § 4, 3-14-19) Editor's note—Ord. No. 2019-01, § 4, adopted March 14, 2019, amended § 5-103 and in so doing changed the title of said section from "Composition; terms; vacancies" to "Composi- tion; terms," as set out herein. Sec. 5-104. Duties. The waterways board shall have the following missions and responsibilities: (1) The mission of the waterways board is to ensure that the waterways located within the Village of North Palm Beach and the marina located at Anchorage Park are maintained, operated and improved to provide the safest, most efficient, economi- cal and environmentally -sound water transportation route in the village and to provide sound use of village waterways that serve business, commercial fisheries and recreation. (2) The board shall identify, analyze, address and publicize issues that affect the vil- lage waterways, village citizens and users. (3) The board shall endeavor to build a growing community of support through education of its members, prospective members, community groups and relevant government officials. BULKHEAD LINES ARTICLE 1. IN GENERAL Sec. 7-1. Established; designated. There is hereby established a comprehensive system of . bulkhead lines in the waters of Lake Worth and other tidal waters within the 'territo- rial limits of the village, and such bulkhead lines shall be along the lines indicated and shown in red on the maps attached hereto, made a part hereof, and which are marked respectively, bulk- head maps nos. 1, 2, 3 and 4. (Code 1970, § 7-1) Editor's note—Copies of the bulkhead maps mentioned in § 7-1 are attached to Ord. No. 61 and are on file and available for public inspection in the offices of the village. Sec. 7-2. Filling operations beyond bulk- head line; prohibited. No fill shall be made, deposited or maintained in the waters of Lake Worth or other tidal waters within the territorial limits of the village, waterward or outward from any shoreline, in such a manner so that such fill shall extend beyond any bulkhead line as established and designated on the bulkhead maps referred to in section 7-1 above. (Code 1970, § 7-2) Sec. 7-3. Unlawful fill; removal. Any fill which shall be made contrary to the provisions of this chapter shall be unlawful and subject to removal upon order of the village coun- cil. (Code 1970, § 7-7) Secs. 7-4-7-15. Reserved. ARTICLE II. FILLING PERMIT* Sec. 7-16. Required. No person may make or deposit any fill or undertake the filling, creation or extension of land by pumping, dredging, pumping sand, rock or earth or otherwise within the water of Lake *Cross references—Regulations for marine sanctuaries, § 5-101(d); licenses and miscellaneous business regulations, Ch. 17. Supp. No. 22 455 § 7-18 Worth or other tidal waters within the limits of the village without first having received a permit therefor from the village council. All filling shall be made in accordance with the plans and speci- fications designated in the application for such permit. (Code 1970, § 7-3) Sec. 7-17. Public hearing prerequisite to con- sideration. (a) Before any petition or application for a permit to fill or dredge submerged lands located within the corporate limits of the village may be considered by the village council, the advisability of issuing such permit shall be considered at a public hearing at least ten (10) days prior to the meeting at which such petition or application shall be considered by the village council. (b) Notice of the public hearing shall be given not less than ten (10) days prior to the public hearing by means of the village newsletter or other direct mail to all residents of the village and also by posting in three (3) conspicuous places in the village, one (1) of which places shall be at the village hall. (c) The terms of this chapter shall be in addi- tion to any terms set forth in this Code which are concerned with applications for dredge and fill permits, and shall not be considered to be in lieu of any requirements contained herein. (Code 1970, § 7-3.1; Ord. No. 194-69, §§ 1-3) Sec. 7-18. Application; issuance. (a) Applications for the permit required by this article shall be in writing and directed to the village clerk and shall be accompanied by a surveyor's sketch plan of what is proposed to be done and shall also show the details of any proposed construction, the proposed area to be filled, the area to be dredged for procuring fill materials, if the proposed construction is in- tended to be created from dredged material, and such other information and data as may be perti- nent to the proposed filling. (b) In the event such application be found by the village council not to be violative of any statute, zoning law, ordinance or other restriction § 7-18 NORTH PALM BEACH CODE which may be applicable thereto, or that no harm- ful obstruction to or alteration of the natural flow of the adjacent navigable waters will. arise from the proposed construction, or that no harmful or increased erosion, shoaling of channels or stag- nant areas of water will be created thereby, or that no material injury or monetary damage to adjoining land will accrue therefrom, a permit shall be granted to the applicant, subject, how- ever, to approval by the trustees of the internal improvement fund of the state and by the U.S. Army Corps of Engineers. (Code 1970, § 7-4) Sec. 7-19. Application fees. Each application for a permit required by this article submitted to the village clerk shall be accompanied by a deposit of the estimated costs of the village in processing the application. Upon the village determining the actual costs, appli- cants shall pay the balance, if any, in full of such costs including advertising and cost of review by the village engineer prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant. Each change in plans and specifications subse- quent to the issuance of a permit shall be the subject of a new or supplemental application and a like fee shall be paid upon the filing of such application as was paid in the case of the original application. (Code 1970, § 7-5; Ord. No. 06-2001, § 1, 3-22-01) State law reference—Authority to set fees, F.S. § 253.125. Sec. 7-20. Expiration date; renewal; revoca- tion. (a) All permits issued under this article shall be valid for a period of two (2) years from the date thereof, but shall be automatically revoked if the proposed work is not completed within such pe- riod except for good cause shown. (b) The renewal of any permit prior to sixty (60) days after its expiration may be granted. (c) For violation of or noncompliance with the terms of a permit, such permit may be revoked after notice of intention to do so has been commu- nicated to the holder and opportunity afforded within a reasonable time for a hearing thereon. (Code 1970, § 7-6) Supp. No. 22 456 [The next page is 5071 MOTOR VEHICLES AND TRAFFIC § 18-35 these roadways on a temporary basis to the extent authorized by sections 18-35 and 18-35.1 of this article. (Ord. No. 8-92, § 1, 6-25-92; Ord. No. 25-93, § 1, 10-14-93; Ord. No. 19-96, § 1, 5-23-96; Ord. No. 9-99, § 1, 2-11-99; Ord. No. 2018-09, § 2, 12-13- 18) Editor's note—Ordinance No. 8-92, adopted June 25, 1992, did not specifically amend this Code; hence, inclusion of § 1 as § 18-34.1 was at the discretion of the editor. Sec. 18-35. Boats and boat trailers; parking on residential property restricted in R-1 and R-2 residential zoning districts. Boats and boat trailers, shall be parked in the side or rear yard, or within completely enclosed garages on sites containing a single family or duplex residence, subject to the following condi- tions: (1) A maximum of two (2) pieces of such equipment, inclusive of recreational vehicles provided for in section 18-35.1, shall be permitted on a site at one (1) time, excluding those stored within a completely enclosed garage. Boats or personal watercraft shall be on trailers, and a boat or up to two (2) personal watercraft on a trailer shall be considered collectively as one (1) piece of equipment. (2) Such parking shall be limited to such equipment owned or leased by and for the use of the occupant of the site, except as otherwise provided in subsection (3) below. Supp. No. 70 1176.1 � MOTOR VEHICLES AND TRAFFIC § 18-35 (3) The location for such parked equipment shall be in the rear yard at least five (5) feet from the rear property line or in the side yard not projecting beyond the front building line. Equipment, including equip- ment owned by a guest of an occupant, may be temporarily parked on the site from the front building line to the paved street or alleyway (including the swale/ rights-of-way as long as no portion extends into any sidewalk or street, but exclud- ing the front yard) for a period of time not to exceed seventy-two (72) hours in any thirty (30) day period unless prohibited by section 18-34.1. (4) Such equipment shall, at all times, be currently registered and licensed as required by the laws of the State of Florida, be registered with the Village, and, if applicable, shall display a current registration sticker and have attached a current vehicle license plate. Each individual registering equipment with the Village shall allow Village personnel to inspect the equipment on site during normal business hours. Failure to allow such inspection shall create a rebuttable presumption that such equipment is in violation of this section. (5) When parked on the site, such equip- ment shall not be used for living or sleeping quarters or for housekeeping or storage purposes and shall not have attached thereto any water, sewer, electric or gas service connection, except for the purpose of recharging a vehicle's storage batteries. (6) Such equipment shall not exceed the maximum length, width, height and weight permitted under applicable provi- sions of the motor vehicle laws of the State of Florida; provided, however, the maximum length of the boat exclusive of the trailer shall not exceed thirty (30) feet and the maximum height shall not exceed twelve (12) feet, as measured from the ground. The length of the boat shall be determined utilizing the boat's state registration. Supp. No. 65 1177 (7) Such equipment shall be securely affixed to the ground or removed immediately upon the issuance of a hurricane or tropical storm warning by a recognized government agency so that it will not be a hazard or menace during high winds or hurricanes. (8) All such equipment, when parked on site, shall be visually screened from the view of abutting properties, street rights-of- way, and alleyways. The line of sight shall be from the edge of abutting proper- ties, street rights-of-way and alleyways . closest to the site. (a) Screening shall be in the form of a properly anchored opaque wall, fence, or gate (meeting all building code requirements) or an opaque hedge. Walls, gates or fences shall be constructed in accordance with sec- tion 45-36(D). Hedges or other living vegetation shall be planted in the ground on the property on which the equipment is located and shall be of sufficient height to screen such equipment. If screening requires vegetation greater than four (4) feet in height, vegetation shall be planted a minimum of four (4) feet at grade and shall reach a sufficient height to screen such equipment within one (1) year. Vegetation shall be maintained at all times so as not to encroach onto neighboring properties or rights -of - ways. (b) All boats shall be fully screened along the side and rear property lines, provided, however, that only consoles, t -tops, canopies, outrig- gers, electronics and similar appurtenances atop the boat may project beyond the screening mate- rial when viewed from the right-of- way adjacent to the front of the property. This exception does not apply to boats with cabins. (9) If covers are provided for the open part of boats, they shall be tightly fitted such § 18-35 NORTH PALM BEACH CODE that they conform to the contours of the boat. Covers shall be a solid color. No tarps shall be used. (10) All such equipment and the associated parking areas shall be kept in a clean, neat and presentable condition. Such equipment shall not be inoperable, wrecked, junked, partially dismantled or abandoned. Major repairs or overhauling shall not be conducted on the site. (11) The village council finds that, as a matter of fact, boats are a customary accessory use of the land in R-1 and R-2 zoning districts in the village. (12) Such parked equipment shall not be used in the course of any commercial activity. For this purpose, commercial activity shall include any type of business or activity which is conducted on or off the subject premises. (13) Any person seeking to store on his or her property equipment that does not meet the dimensional requirements of subsec- tion (6) above may file an application for a special exception on a form supplied by the community development depart- ment. (a) The special exception applicant shall be required to demonstrate that due to the size, shape or physical configuration of the property and the location of the equipment, the applicant meets all non -dimensional requirements of this section, includ- ing, but not limited to, setbacks and required screening. (b) The application shall, at a minimum, be accompanied by a survey demonstrating the precise location proposed for storage of the equip- ment relative to adjacent properties and rights-of-way, and a site plan showing the proposed screening material, including all walls, fences, gates and landscaping. (c) The community development depart- ment shall review the application to Supp. No. 65 1178 ensure it is complete and prepare the necessary documentation for review by the planning commission. The planning commission shall review the application at a public hearing and forward a recommenda- tion of approval, approval with condi- tions or denial to the village council. The village council shall conduct a public hearing and approve, approve with conditions or deny the applica- tion. The village council's final determination shall be set forth in a written order. (d) The procedure and notice require- ments for consideration of the special exception application shall be as set forth in sections 45-16.2(e) and (f) of the village code. (Code 1970, § 30-1; Ord. No. 26-72, § 1; Ord. No. 11-79, § 1, 6-14-79; Ord. No. 27-93, § 1, 12-9-93; Ord. No. 38-97, § 1, 8-28-97; Ord. No. 33-99, § 1, 10-28-99; Ord. No. 2016-07, § 3, 9-8-16) Editor's note Ord. No. 2016-07, § 3, adopted September 8, 2016, amended § 18-35 to read as set out herein. Previ- ously § 18-35 was titled "Recreational, boating and camping equipment and personal recreational use trailers; parking on residential property restricted." Sec. 18-35.1. Recreational vehicles and trail- ers; parking on residential property restricted in R-1 and R-2 residential zoning districts. Recreational, campers, and camping equip- ment in the form of travel and/or camping trail- ers, motor homes, personal use recreational use trailers including motorcycle and all -terrain vehicle trailers and vans, designed and used exclusively as temporary living quarters for recreation, for camping, for travel and for other personal recreation use, shall be parked in the side or rear yard, or within completely enclosed garages on sites containing a single family or duplex residence, subject to the following condi- tions: (1) A maximum of two (2) pieces of such equipment, inclusive of those provided for in section 18-35 at a time shall be permitted on a site, excluding those stored ` MOTOR VEHICLES AND TRAFFIC § 18-35.1 within a completely enclosed garage. No exclusive of the trailer shall not exceed more than one (1) recreational vehicle thirty (30) feet and the maximum height shall be permitted on site. shall not exceed ten (10) feet. (2) Such parking shall be limited to such (7) Such equipment shall be securely affixed equipment owned or leased by and for to the ground or removed immediately the use of the occupant of the site. upon the issuance of a hurricane or (3) The location for such parked equipment tropical storm warning by a recognized shall be in the rear yard at least five (5) government agency so that it will not be feet from the rear property line, or in the a hazard or menace during high winds or side yard not projecting beyond the front hurricanes. building line. Equipment, including equip- (8) All such equipment, when parked on site ment owned by a guest of an occupant, shall be visually screened from the view may be temporarily parked on the site of abutting properties, street rights -of - from the front building line to the paved way, and alleyways. The line of sight street or alleyway (including the swale/ shall be from the edge of abutting proper - rights -of -way as long as no portion extends ties, street rights-of-way and alleyways into any sidewalk or street) for a period closest to the site. of time not to exceed seventy-two (72) Screening shall be in the form of a hours in any thirty (30) period unless property anchored opaque wall, fence or prohibited by section 18-34.1. gate (meeting all building code require - (4) Such equipment shall, at all times, be ments) or an opaque hedge. Walls, gates currently registered and licensed as or fences shall be constructed in required by the laws of the State of accordance with section 45-36(D). Hedges Florida, be registered with the Village, or other living vegetation shall be planted and, if applicable, shall display a current in the ground on the property on which registration sticker and have attached a the equipment is located and shall be of current vehicle license plate. Each sufficient height to screen such equip - individual registering equipment with ment. If screening requires vegetation the Village shall allow Village personnel greater than four (4) feet in height, vegeta- to inspect the equipment on site during tion shall be planted a minimum of four normal business hours. Failure to allow (4) feet at grade and shall reach a suf- such inspection shall create a rebuttable ficient height to screen such equipment presumption that such equipment is in within one (1) year. Vegetation shall be violation of this section. maintained at all times so as not to (5) When parked on the site, such equip- encroach onto neighboring properties or ment shall not be used for living or rights -of --ways. sleeping quarters or for housekeeping or (9) All such equipment and the associated storage purposes and shall not have parking areas shall be kept in a clean, attached thereto any water, sewer, electric neat and presentable condition. Such or gas service connection, except for the equipment shall not be inoperable, purpose of recharging a vehicle's storage wrecked, junked, partially dismantled or batteries. abandoned. Major repairs or overhauling (6) Such equipment shall not exceed the shall not be conducted on the site. maximum length, width, height and (10) The village council finds that, as a matter weight permitted under applicable provi- of fact, recreational equipment and camp- sions of the motor vehicle laws of the ing equipment are customary accessory State of Florida; provided, however, the uses of the land in R-1 and R-2 zoning maximum length of the equipment districts in the village. Supp. No. 65 1179 § 18-35.1 NORTH PALM BEACH CODE (11) Such parked equipment shall not be used (d) The procedure and notice require - in the course of any commercial activity. ments for consideration of the special For this purpose, commercial activity exception application shall be as set shall include any type of business or forth in sections 45-16.2(e) and (f) of activity which is conducted on or off the the village code. subject premises. (Ord. No. 2016-07, § 4, 9-8-16) (12) Any person seeking to store on his or her property equipment that does not meet the dimensional requirements of subsec- tion (6) above may file an application for a special exception on a form supplied by the community development depart- ment. (a) The special exception applicant shall be required to demonstrate that due to the size, shape or physical configuration of the property and the location of the equipment, the applicant meets all non -dimensional requirements of this section, includ- ing, but not limited to, setbacks and required screening. (b) The application shall, at a minimum, be accompanied by a survey demonstrating the precise location proposed for storage of the equip- ment relative to adjacent properties and rights-of-way, and a site plan showing the proposed screening material, including all walls, fences, gates and landscaping. (c) The community development depart- ment shall review the application to ensure it is complete and prepare the necessary documentation for review by the planning commission. The planning commission shall review the application at a public hearing and forward a recommenda- tion of approval, approval with condi- tions or denial to the village council. The village council shall conduct a public hearing and approve, approve with conditions or deny the applica- tion. The village council's final determination shall be set forth in a written order. Sec. 18-36. Parking in violation of signs. It shall be unlawful, when signs have been erected giving notice thereof, to stop, stand or park a vehicle in violation of signs regulating or prohibiting the stopping, standing or parking of vehicles. Sec. 18-37. Violations; fines—Handicap spaces. The fine for stopping, standing or parking in handicap parking spaces in violation of F.S. sections 316.1955, 316.1956 shall be in the amount of one hundred dollars ($100.00). (Ord. No. 32-90, § 1, 8-9-90) Editor's note—Ordinance No. 32-90, adopted Aug. 9, 1990, did not specifically amend this Code; hence, inclusion of § 1 as § 18-37 was at the discretion of the editor. Sec. 18-38. Same—Non-handicap spaces. The fine for stopping, standing and parking a vehicle in violation of provisions, other than handicap parking provisions, of this article shall be in the amount of twenty-five dollars ($25.00). (Ord. No. 40-90„ § 1, 12-13-90; Ord. No. 5-96, § 1, 1-25-96) Editor's note—Ordinance No. 40-90, adopted Dec. 13, 1990, did not specifically amend this Code; hence, inclusion of § 1 as § 18-38 was at the discretion of the editor. [The next page is 12251 Supp. No. 65 1180 APPENDIX C—ZONING § 45-25 (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, landscaping, existing natural vegetation, or will be aesthetically designed to blend into and harmonize with the area or location surrounding the antenna or antenna tower site in accordance with the village of North Palm Beach Appear- ance Plan. (5) Antenna or antenna towers shall not be artificially lighted except as required for public safety purposes, or by the Federal Aviation Administration (FAA). Signage shall not be allowed except as required for public safety purposes, or by the Federal Communications Commission (FCC). (6) To the extent not in conflict with the provisions described above, any proposed antenna or tower or accessory equipment building will be subject to all applicable village codes and regulations. (Ord. No. 12-97, § 1, 2-27-97; Ord. No. 2015-11, § 3, 6-25-15) Editor's note—Section 45-21, relative to oceanfront land in the R-1 district, has been repealed by Ord. No. 4-82, § 1, enacted Jan. 28, 1982. The former section did not bear a history note. Subsequently, Ord. No. 12-97, § 1, adopted Feb. 27, 1997 added new provisions pertaining to telecommunica- tions antenna and antenna towers as herein set out. Sec. 45-22. Oceanfront land—Ocean setback. There shall be a building setback line of not less than fifty (50) feet from the dune line, or one hundred (100) feet from the highwater line, whichever distance is greater, for all property bordering on the Atlantic Ocean. The measure- ment 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 Supp. No. 68 emergency generator. Existing automotive service stations shall be required to install permanent emergency generators whenever such service station 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 transfer 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 engaged in the retail sale of gasoline. (Ord. No. 2006-22, § 2, 9-14-06) Sec. 45-24. Group living facilities. All community residences providing personal care, community residential homes, and assisted living facilities shall be required to obtain a business tax receipt from the village in accordance with the provisions of chapter 17 of this Code and are subject to the annual fire safety inspec- tion set forth in section 12-17 of this Code. (Ord. No. 2017-22, § 2, 12-14-17) Sec. 45-25. Reasonable accommodation procedure. 2488.7 (a) Purpose and general provisions. (1) This procedure addresses requests for reasonable accommodation to the Vil- lage's zoning or land development ordinances, rules, policies, and procedures for persons with disabilities and facili- ties serving them as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601 et seq.) ("FHA"), Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) ("ADA"), and other applicable state and federal regulations. (2) The following general provisions shall be applicable: a. The Village shall display a notice in the Village's public notice bulletin board (and shall maintain copies § 45-25 NORTH PALM BEACH CODE available for review in the Village Clerk's Office) advising the public that disabled individuals and qualify- ing entities may request reasonable accommodation as provided herein. b. A disabled individual or qualifying entity may apply for a reasonable accommodation on his/her or its own behalf or may be represented at all stages of the reasonable accommoda- tion process by a person designated in writing by the disabled individual or qualifying entity. C. The Village shall provide assistance and accommodation as is required pursuant to the FHA and ADA in connection with a disabled person's request for reasonable accommoda- tion, including, without limitation, assistance with reading application questions, responding to questions, and completing the necessary forms to ensure the process is accessible. (b) Definitions. For purposes of this chapter, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA, ADA or other state and federal regulation. Any person who is disabled or a qualifying entity serving disabled persons may request a reasonable accommodation with respect to the Village's land use or zoning laws, rules, policies, practices and/or procedures as provided by the FHA, ADA and other state and local regulations pursuant to the procedures set out herein. (c) Procedure. (1) A request by an applicant for reasonable accommodation shall be made in writing by completion of a reasonable accommoda- tion request form. The form shall be maintained by, and shall be submitted to, the Community Development Depart- ment. (2) All applications for a community residence not licensed or certified by any state agency shall demonstrate that it meets each of the following: a. The community residence is located a sufficient distance from any exist- Supp. No. 68 2488.8 ing community residence so that the proposed community residence neither lessens nor interferes with the normalization and community integration of the residents of exist- ing community residences and does not, taking into account existing community residences, contribute to the creation or intensification of a de facto social service district. b. The community residence operates as the functional equivalent of a family that fosters normalization and community integration of its residents. C. The community residence operates in a manner consistent with state licensing or certification standards for recovery residences and affords the individuals with disabilities residing therein sufficient protec- tion from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications. (3) The Community Development Director, or his/her designee, shall have the author- ity to consider and make a recommenda- tion to the Village Council on requests for reasonable accommodation. The Com- munity Development Director, or his/her designee, shall issue a written recom- mendation within forty-five (45) calendar days of the date of receipt of a completed application and may recommend: a. Granting the accommodation request; b. Granting a portion of the request and denying a portion of the request, and/or imposing conditions upon the grant of the request; or C. Denying the request. If reasonably necessary to reach a recom- mendation on the request for reasonable accommodation, the Community Develop- ment Director, or his/her designee, may, prior to the end of said 45 -day period, request additional information from the APPENDIX C—ZONING requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) calendar days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the 45 -day period to issue a written recommendation shall no longer be applicable, and the Community Develop- ment Director, or his/her designee, shall issue a written recommendation within thirty (30) calendar days after receipt of the additional information. If the request- ing party fails to provide the requested additional information within said 15 -day period, the Community Development Director, or his/her designee,, shall issue a written notice advising that the request- ing party has failed to timely submit the additional information, and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the Village with regard to said reasonable accommodation request shall be required. Once the written recommendation is complete, the Community Development Director shall request that the Village Manager place the matter on the next available Village Council agenda. Along with the written recommendation, the Community Development Director shall provide the Village Council with copies of all materials considered by the Com- munity Development Director, including, but not limited to, all materials submit- ted by the requesting party. Other than public comment, no testimony or additional evidence shall be submitted to the Village Council at the public meet- ing. The Village Council shall, after due consideration of the Community Develop- ment Director's written recommendation and all other materials submitted and considered by the Community Develop- ment Director, enter a final written determination accepting, accepting with Supp. No. 67 2488.9 § 45-25 modification or rejecting the Community Development Director's written recom- mendation The notice of determination shall be sent to the requesting party (i.e., the disabled individual, the qualifying entity or the individual's or entity's representative) by certified mail, return receipt requested. Notice shall be deemed complete when deposited in the U.S. Mail. (4) In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that they are protected under the FHA, ADA or other applicable state or federal regulation by demonstrating that they are handicapped or disabled, as defined in the FHA, ADA or other state or federal regulation. Although the definition of disability is subject to judicial interpretation, for purposes of this section the disabled individual must show: a. A physical or mental impairment which substantially limits one (1) or more major life activities; and b. A record of having such impair- ment; or C. That they are regarded as having such impairment. The requesting party shall further demonstrate that the proposed accom- modations being sought are reasonable and necessary to afford handicapped/ disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the courts), as well as the applicant's ability to demonstrate compli- ance with the requirements set forth in subsection (c)(2) above (where applicable) shall be the basis for the Community Development Director's recommendation and the Village's Council determination on the reasonable accommodation request. (5) While an application for reasonable accom- modation is pending before the Village, the Village will not enforce the subject § 45-25 NORTH PALM BEACH CODE % zoning or land development ordinance, rule, policy, or procedure against the requesting party. (d) Fee. There shall be no fee imposed by the Village in connection with a request for reason- able accommodation under this section or an appeal of a determination, and the Village shall have no obligation to pay a requesting party's (or an appealing party's) attorneys' fees or costs in connection with a request or an appeal. (Ord. No. 2017-22, § 2, 12-14-17) Sec. 45-26. Reserved. ARTICLE III. DISTRICT REGULATIONS* Sec. 45-27. R-1 single-family dwelling district. 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, subject to each of the requirements set forth in this section and throughout this chapter. 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. Com- munity residential homes of six (6) or fewer residents which otherwise meet the definition of a community residential home, provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such home with six (6) or fewer residents. 7. Family day care home. 8. Lamp post. *Cross reference—Home occupations, § 17-2. 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 minimum 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 measured from the street line to the front building line. 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured from the rear building line to the rear lot line. 3. Side yards. There shall be a side yard on each side of the side building line of not less than ten (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. (a) For a distance of one block on streets intersecting U.S. #1, measured from the right-of-way line of said U.S. #1, side yards of at least twenty-five (25) feet in depth shall be provided. E. Off street parking regulations. At least one parking space measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty-two (162) square feet) shall be provided. All parking spaces shall consist of a durable surfaced area as approved by the community development direc- tor, and may be enclosed in the dwelling, in an accessory building or in an unenclosed area or a driveway. All vehicles parking on a lot must be parked on a durable surface. F. Accessory structures. One detached automobile garage and one open-air pavilion may be constructed on any lot within the R-1 single-family dwelling district provided that all Supp. No. 67 2488.10 APPENDIX C—ZONING C. Dumpsters and similar containers. Dump- sters and similar containers, including recycling bins, compactors, etc., shall be screened in a manner consistent with the following: 1. Similar containers shall be located only at the rear of a building or structure. 2. Enclosures shall be constructed in a man- ner consistent with the architectural style, color, materials, etc., of the principal build- ing, and shall screen the dumpsters on all four (4) sides of the enclosure from public view. a. An opaque concrete wall or similar material shall screen both sides and the rear of such facilities. b. The front of a screen enclosure shall be gated and shall consist of durable opaque materials consistent with the overall design of the project. C. Dependent upon the location of an enclosure on the site, landscaping may be required in addition to the opaque screening material. 3. Alternative dumpster location. When it is not possible to locate the enclosure in the rear of the site, the dumpster shall be enclosed by landscaping to the greatest extent possible. 4. Access to the dumpster should be pro- vided from a secondary street. 5. Enclosures are to be designed to provide space to accommodate recycling bins. D. Sidewalks. Sidewalks shall be provided along all roadways on both sides of the street. At cor- ners handicapped ramps shall be provided and sidewalks shall continue across driveway and parking lot surfaces using decorative paving ma- terials to delineate crosswalks. All new construc- tion or substantial renovation of existing build- ings and structures shall include one (1) or more - clearly delineated walkways from the public sidewalk to the private sidewalk, arcade, pedes- trian way, etc. Examples of other complementary materials include the following: 1. Paver blocks or alternative style or color; 2. New and used brick; and Supp. No. 57 2511 3. Concrete stamped with a pattern. § 45-35.3 E. Retaining walls. Retaining walls shall be constructed as necessary, provided such walls are constructed utilizing the same architectural style, materials, and color of the principle structure. F. Alley screening walls. All new construction or substantial renovation of existing buildings and structures shall construct or reconstruct a solid masonry or concrete wall a minimum of six (6) feet in height. 1. The wall shall be located along the rear property line of the parcel being im- proved. 2. Chain link and wooden fences are prohib- ited. 3. Properties within the marine district of the NBOZ are exempt from this require- ment. G. Underground utilities. The village may re- quire existing overhead utilities to be placed underground when located on properties subject to new construction or substantial renovation. H. Shopping carts. If a use requires shopping carts, they shall not be allowed to accumulate in any outside area including parking lots and load- ing areas, and shall be removed from cart corrals in a timely manner and relocated to designated storage areas near the principle structure. I. Mailboxes. Mailboxes, including special drop boxes, may be clustered within buildings, grouped under a kiosk, or individually freestanding. In all cases the design and installation of mailboxes shall comply with the following standards: 1. The village and the U.S. Postal Service shall approve the size, type, and location of mailboxes. 2. Mailboxes shall be landscaped consistent with and architecturally compatible to the development. J. Satellite dishes. Satellite dishes may be in- stalled provided the dishes are not visible from any street, and the color is compatible with the surrounding environment. Plans for the installa- § 45-35.3 NORTH PALM BEACH CODE tion of communication equipment, such as dishes the property upon which it is located is and antennas, shall be submitted for review dur- within five hundred feet of any R-1, single- ing the planning phase of a project. family dwelling district. K. Telephones, vending machines, and newspa- per racks. All public telephones, vending ma- chines, newspaper racks, and facilities dispensing merchandise or services on private property shall be enclosed within a building, enclosed within a structure, attached to a building, or enclosed in a separate area. 1. Attached and freestanding structures shall be landscaped consistent with and archi- tecturally compatible with the principal structure. 2. Public telephones. Wall -mounted and free- standing public telephones visible from a public right-of-way shall be fully or par- tially enclosed. 3. Vending machines. a. Vending machines dispensing bever- ages, food, ice, and related consumer products shall not be visible from a public right-of-way. b. Vending machines may be located in outdoor enclosures, provided such en- closures are constructed utilizing the same architectural style, materials, and colors as the principal structure. (Ord. No. 05-2003, § 1, 2-27-03; Ord. No. 2011-02, § 3, 2-10-11; Ord. No. 2011-05, § 2, 4-14-11; Ord. No. 2012-07, §§ 2-4, 7-26-12) Sec. 45-36. General provisions. The provisions of this article shall be subject to the following provisions and exceptions: A. Chimneys, water tanks, radio or televi- sion towers, telecommunications antenna/ towers, church spires, elevator lofts, flag- poles and parapet walls may be erected above the height limits herein estab- lished. A-1. No addition to any building and no struc- ture or object shall be erected, placed or maintained or built to a height which exceeds four (4) stories or sixty (60) feet where any portion of said building or of Supp. No. 57 2512 B. Swimming pools shall be set back at least seven and one-half (71/2) feet from the back property line measured from the rim of the pool and not less than five (5) feet from the side property line including the two -and -one -half -foot walk around the pool. The highest projection of the swimming pool shall not exceed two (2) feet. Outdoor fireplaces not exceeding six (6) feet in height may be erected and maintained, said structure, however, shall not be erected within five (5) feet of any rear lot line. (a) Swimming pools may be enclosed by screening provided same are not erected closer than five (5) feet from the side and rear yard lines. (b) No swimming pool shall be located in the area lying between the front property line and the front building line in the R-1 and R-2 zoning dis- tricts. C. Detached garages not more than one (1) story in height may be erected and main- tained within seven and one-half (71/2) feet of the rear line of any such lot. D. Walls and fences built within the area between the property line and the build- ing setback line shall not exceed six (6) feet in height; provided, however, that no walls or fences may be erected between the front yard setback and the street line except as provided in subsection D-2 be- low, nor may walls or fences exceed four (4) feet in height for a distance of forty (40) feet from any body of water located within the village. On corner lots, walls or fences shall not exceed four (4) feet in height within the area between the side line of the lot which fronts on a street, and the front building setback line extended of the adjacent side street lot. On all build- ing permits for walls or fences greater than four (4) feet in height that are to be located outside building setback lines, there shall be a prominent notice that a village APPENDIX C—ZONING § 45-36 building permit in no way offsets the deed covenants, and that the applicant should also check the deed covenants to protect himself. D-1. On vacant lots adjacent to any water - body, a non-opaque galvanized metal, wrought -iron or chain link fence no greater than four (4) feet in height may be constructed within five (5) feet of the seawall or bulkhead line to restrict access to the waterbody from the vacant lot. Chain link fences may also be vinyl coated. D-2. Where a parcel within a residential zoning district abuts a parcel within a com- mercial or industrial zoning district, a wall or fence not exceeding six (6) feet in height may be erected along the side property line between the front yard setback and the street line provided that such wall or fence is set back at least three (3) feet from the front property line or as otherwise required to comply with the sight triangle and clear zone require- ments of the Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construc- tion, and Maintenance of Streets and Highways, whichever is greater. D-3. The restrictions on the height of walls and fences set forth in this section shall not apply to properties within the Public (P) zoning district where the Village Council determines, in the exercise of its discretion, that a greater height is neces- sary to protect the public health, safety or welfare. E. In the event one (1) lot, or portion thereof, and the whole or a portion of a contigu- ous lot, all in one (1) ownership, shall be used as one (1) building site for one (1) residence building, and its appurtenant outbuildings permitted by this ordinance, then while so owned and used the side lines and rear line of such site shall be deemed to be the side and rear lot lines of such sites. Supp. No. 67 2512.1 F. No business, professional, or commercial activity shall be conducted upon any portion of real property zoned R-1 single- family dwelling district, R-2 multiple - family dwelling district and R-3 apartment dwelling district or within any dwelling thereon or upon a dock, pier or other waterside structure appurtenant thereto and attached to such real property, other than as provided by section 17-2. G. In all multifamily residential buildings two (2) stories or greater in height, and in all commercial buildings over four (4) stories in height, which are not equipped with elevators provided with standby emergency power and having minimum cab dimensions which will permit the use of the elevator cab by normal size emergency ambulance stretchers, and in all commercial buildings two (2) stories to four (4) stories in height which are not equipped with elevators having minimum cab dimensions which will permit the use of the elevator cab by normal size emergency stretchers, there shall be a minimum of one (1) access stairway serv- ing every story. Such stairway shall have the following minimum dimensions: (1) Minimum width of stairway to be five (5) feet. (2) Minimum dimensions of all land- ings to be ten (10) feet by six (6) feet, six (6) inches. H. Patios connected to the rear of a dwelling unit may be enclosed by screening provided there shall be a rear yard of not less than fifteen (15) feet measured from the rear of the screened enclosure to the rear lot line. I. There shall be a front yard of not less than forty (40) feet measured from the street line to the front building line in the case of Lots 11 to 35 inclusive, Block 3, as shown on the plat of Village of North Palm Beach, Plat 1, recorded in plat book 24, page 205, Public Records of Palm Beach County, Florida. § 45-36 NORTH PALM BEACH CODE J. Whenever, by this ordinance, off-street parking is required in any commercial district or in any R-3 apartment dwelling district, no such parking facilities shall be hereafter constructed until a permit therefor shall have been issued by the building inspector, and until the plans and specifications therefor are such that: a. Such off-street parking area is designed with appropriate means of vehicular access to a public street or alley. b. Such off-street parking area is designed with appropriate vehicular maneuvering areas. C. Such off-street parking area is paved with an asphaltic or concrete surfac- ing, or other material designed to prevent dust. d. Such off-street parking area is so constructed, graded and surfaced as to prevent surface water from drain- ing onto public right-of-way, or on adjoining properties, the outlets for such surface waters to be connected directly or indirectly to storm sewer conduits terminating in existing publicly controlled waterways or in other seepage areas approved by the building department. e. Such off-street parking areas shall be used for vehicular traffic only, with no sales, dead storage, repair work, dismantling or servicing of any kind unless expressly permit- ted by the zoning of the district in question. f. If lighting of such areas is to be provided, the plans therefor shall be such that such lighting shall reflect away from any public street and at such an angle as to prevent glare or undue illumination of residential properties in the neighborhood. K. No carnival, fair, amusement park or circus shall be carried on in any residential or commercial zoning district in the Vil- Supp. No. 67 2512.2 lage of North Palm Beach, including zoning districts R-1, R -2A, R-3, C -A, C -1A, C-1 and C-2; provided, however, that a carnival, fair or circus may be carried by a nonprofit organization to collect funds to further the purposes of such organiza- tion at the premises where the organiza- tion is located within the Village of North Palm Beach. No such carnival, fair or circus shall extend for more than three (3) consecutive days, and no such carnival, fair or circus may be open to the public between the hours of 10:00 p.m. and 10:00 a.m. during any day. A permit for such permitted carnival, fair or circus must be obtained from the office of the village manager. There will be no charge or fee for such permit. L. No gasoline or oil filling stations and no service station shall be erected within five hundred (500) feet of any church, hospital, school or other similar institu- tion where large numbers of pedestrians congregate, nor within five hundred (500) feet of the location in said village of another gasoline or oil filling station or service station. No church, hospital, school or similar institution where large numbers of pedestrians congregate shall locate or operate within five hundred (500) feet of any gasoline or oil filling station or service station. The method of measurement that shall apply in such cases shall be by measure- ment of the airline distance made or taken from the nearest boundary of the lot or premises of a gasoline or oil filling station or service station to the nearest boundary of the lot or premises of a church, hospital, school or other similar institution. M. Building height regulations. (1) Within the area of the Village of North Palm Beach which lies north of the Intracoastal Waterway and west of U.S. Highway No. 1, no APPENDIX C—ZONING building or structure shall exceed sixteen (16) stories or one hundred sixty (160) feet. (2) Within the area of the Village of North Palm Beach which lies north of the Intracoastal Waterway and east of U.S. Highway No. 1, no building or structure shall exceed twenty-two (22) stories or two hundred twenty (220) feet. (3) Within the area of the Village of North Palm Beach which lies south of the Intracoastal- Waterway and east of U.S. Highway No. 1, no building or structure shall exceed four (4) stories or forty (40) feet. (4) Within the area of the Village of North Palm Beach which lies south and west of the Intracoastal Waterway and west of U.S. Highway No. 1, no building or structure shall exceed four (4) stories or forty (40) feet. N. Location of business for retail sales of alcoholic beverages. (1) No licensed retail sales of alcoholic beverages shall be carried on where the proposed place of business is within one thousand (1,000) feet of a church or other place of worship, public or private school, hospital, park or playground, or a place of business of another licensed retail seller of alcoholic beverages; provided further, that no licensed retail sales of alcoholic beverages shall be car- ried on in the C-3, Regional Busi- ness District, where the proposed place of business is within five hundred (500) feet of a church, synagogue, temple or other place of worship. (2) The measurements provided above shall be made or taken from the main front entrance or entrances of such church or other place of wor- ship, public or private school, hospital, park or playground, or a Supp. No. 67 2512.2.1 § 45-36 place of business of another licensed retail seller of alcoholic beverages, to the main front entrance of the applicant's proposed place of busi- ness along the route of ordinary pedestrian traffic. (3) The restrictions of subsection N.(1) shall not apply to the sale of beer, ale or wine at retail, not to be consumed on the premises. (4) The restrictions of subsection N.(1) pertaining to distances from other licensed sellers of alcoholic bever- ages shall not apply to: a. 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 the gross sales are derived from the sale of food and non-alcoholic bever- ages (alcoholic beverages are to be served only when the restaurant is open for the sale and service of food); b. Any bona fide restaurant operating under a Florida 2 -COP license as a restaurant with full kitchen facilities where: (i) the entire restaurant, including, but not limited to, kitchen facilities, work and storage areas, rest - rooms and eating areas, consists of at least two thousand (2,000) square feet; and (ii) Alcoholic beverages are served for on premises consumption only when the restaurant is open for the sale and service of food. (5) Nothing in subsection N.(1) shall prohibit the conduct of licensed retail § 45-36 NORTH PALM BEACH CODE sales of alcoholic beverages within C. The outdoor seating can be one thousand (1,000) feet of the accommodated without imped- North Palm Beach Country Club. ing the access of the general (6) Churches and other houses of wor- public, including persons with ship, public and private schools, disabilities, to the portion of hospitals, parks, and playgrounds the food service establishment may locate and operate within one which is located inside the thousand (1,000) feet of an existing building, or to any other com- business licensed for the retail sale mercial business or other use. of alcoholic beverages, and, in such d. The outdoor seating can be event, the existing business engaged accommodated without creat - in the licensed retail sale of alcoholic ing a need for additional park - beverages shall not be in violation ing spaces which could not be of section 45-36N.(1). provided on the same site as O. Xeriscape landscaping practices. Proper- the building for which the ties within all zoning districts are encour- outdoor seating would be an aged to utilize xeriscape landscaping accessory use or would create practices to simultaneously enhance the a non -conforming status for appearance of the property while requir- existing parking provided for ing less water and energy. Xeriscape such building. practices in the village shall be based on e. No outdoor seating shall be the latest published South Florida Water permitted for adult entertain- Management District xeriscape manual. ment establishments. P. Maximum floor -area ratio. Maximum gross floor area ratios for commercial (2) Permitting process. An applicant for development within the area of the vil- approval of outdoor seating shall lage defined by PGA Boulevard on the include the proposed outdoor seat - north, Lake Worth on the east and the ing as part of an overall application Intracoastal Waterway on the south and for a building permit and/or west shall be limited as follows: retail - certificate of appropriateness or shall 0.25; professional office - 0.35; and mixed- seek amendment of an existing build - use - 0.35. ing permit and/or certificate of appropriateness to allow for outdoor Q. Outdoor seating. seating, pursuant to the applicable (1) Applicability. Outdoor seating shall provisions of this Code. Every be permitted as an accessory use to application involving outdoor Beat- a building in which a food service ing shall include the following, in establishment is operated, provided addition to and not in place of that: anything else which may otherwise a. The outdoor seating area is be required by any other provision adjacent to that portion of the of this Code: food service establishment a. A site plan, drawn to scale, which is inside the building. which shows at least the build - b. The outdoor seating is located ing for which outdoor seating on property which is either will be an accessory use; the owned or leased by the adjacent location of the food service food service establishment or establishment which will use the landlord of such food service the outdoor seating; the loca- establishment. tion of the outdoor seating and Supp. No. 67 2512.2.2 Supp. No. 67 APPENDIX C—ZONING § 45-36 all related fencing screening, or dividing materials; the loca- tion 2512.2.3 APPENDIX C—ZONING § 45-36 by requesting a hearing before the code enforcement special magistrate. d. Not more than one permit, per calendar year, for a portable storage container or a roll -off dumpster shall be issued by the village to the same occupant of any property, or in the case of multi -family residential property with more than one unit, the same occupant of any unit. (6) Additional requirements. Supp. No. 67 a. No storage container or roll -off dumpster shall exceed the height of the roofline of the principal building or structure located on the property. b. No portable storage container or roll -off dumpster shall be located within a utility ease- ment, drainage easement, right- of-way, front yard area, alley right-of-way or street right-of- way. Notwithstanding the foregoing, a portable storage container or roll -off dumpster shall be placed on the driveway or designated parking area in the R-1 or R-2 zoning districts unless otherwise approved by the community development department. C. No portable storage container or roll -off dumpster shall be stored within a required side yard setback between a build- ing and an adjacent street or property line. For non- residential properties, no portable storage container or roll -off dumpster shall be located in any required landscape or buffer area. d. No portable storage container or roll -off dumpster shall contain any signage other then the name, address and telephone number of the person or firm engaged in the busi- ness of renting or providing the container or dumpster. e. No flammable or hazardous materials may be placed, stored or kept in any portable storage container or roll -off dumpster. f. The portable storage container or roll -off dumpster must be owned or leased by the occupant of the property and may not be used for living or sleeping purposes or for any use other than storage or disposal of construction debris. (7) Severe weather conditions. a. Upon the issuance of a tropical storm watch and/or a hur- ricane watch by the National Weather Service, the occupant of the property on which a portable storage container or roll -off dumpster is located shall use every reasonable and best effort to remove, or to arrange for the removal of, the portable storage container or roll -off dumpster from the property. b. In the event removal is not possible, the storage container or the roll -off dumpster and its contents, shall be secured against windloads of up to one hundred and fifty (150) miles per hour. C. The occupant of a property upon which a portable storage container or roll -off dumpster is located shall be subject to civil liability and/or code enforcement action for dam- ages and/or code violations caused by an unsecured portable storage container or roll -off dumpster and its contents. (Ord. No. 209-70, § 1; Ord. No. 2-71, § 1; Ord. No. 1-72, § 1; Ord. No. 11-74, § 1; Ord. No. 2512.9 § 45-36 NORTH PALM BEACH CODE 11-75, § 1, 9-11-75; Ord. No. 2-76, § 1, 2-26-76; Ord. No. 3-77, § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. 21-90, § 2, 6-28-90; Ord. No. 7-91, § 1, 3-14-91; Ord. No. 20-95, § 1, 7-27-95; Ord. No. 34-96, § 1, 8-22-96; Ord. No. 3-97, § 1, 1-9-97; Ord. No. 12-97, §§ 3, 4, 2-27-97; Ord. No. 2-98, § 1, 1-8-98; Ord. No. 6-99, § 1, 1-28-99; Ord. No. 03-2002, § 1, 2, 2-14-02; Ord. No. 04-2005, § 1, 2-10-05; Ord. No. 2006-28, § 11, 12-14-06; Ord. No. 2010-21, § 5, 11-18-10; Ord. No. 2011- 02, §§ 3, 4, 2-10-11; Ord. No. 2011-09, § 2, 5-26-11; Ord. No. 2014-01, § 2, 1-23-14; Ord. No. 2015-20, § 2, 11-12-15; Ord. No. 2017-23, § 2, 12-14-17) Sec. 45-37. Historic site overlay district. A. Purpose. The historic site overlay district is used to impose special development restric- tions on identified areas. The locations of this overlay district are established by the Village based on the need for special protective measures at those locations. The historic site overlay district imposes different standards than those that would otherwise apply. B. Definitions. [For purposes of this section, the following words shall have the meaning ascribed to them in this subsection:] Building. A structure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel, or similar structure. Buildings may refer to a historically or architecturally related complex, such as municipal buildings, or a house and barn. Park- ing lots and garages are hereby deemed to be "buildings." Cultural resource. A site, object, structure, building or district listed in the Village's register of historic sites. Demolition. The tearing down or razing of twenty-five (25) percent or more of a structure's external walls. District. A geographically definable area pos- sessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or areas, which are united historically or aestheti- cally by plan or physical development. A district may be comprised of individual resources which are separated geographically but are linked by association or history. Object. A material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature of design, movable, yet related to a specific setting or environment. Ordinary maintenance. Work which does not require a construction permit and that is done to repair damage or to prevent deterioration or decay of a building or structure or part thereof as nearly as practicable to its condition prior to the damage, deterioration, or decay. Original appearance. That appearance (except for color) which, to the satisfaction of the village council, closely resembles the appearances of either: (1) The feature on the building as it was originally built or was likely to have been built, or (2) The feature on the building as it pres- ently exists so long as the present appear- ance is appropriate, in the opinion of the village council, to the style and materials of the building. C. Creation of local register of historic sites. A local register of historic sites is hereby created as a means of identifying and classifying various sites, buildings, structures, objects and districts as historic and/or architecturally significant. The local register will be kept by the director of community development. D. Initiation of placement on local register. Placement of sites, buildings, structures, objects or districts on the local register may be initiated by the village council. In addition, placement may be initiated by the owner of the site, build- ing, structure, object or area; or, in the case of a district, by the owner of a site, building, structure, object or area within the proposed district. By adoption of this ordinance, those sites within the Village of North Palm Beach that have been classified as a "Florida historic site" by the Division of Archives, History and Records Manage- ment, Florida Department of State, are hereby placed on the local register. Supp. No. 67 2512.10 STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section 1.01 1.01 et seq. ch. 22F ch. 39 Ch. 50 50.041 50.051 55.03 ch. 98 101.657 112.181 ch. 121 161.55(1)(d) 161.041 161.053 ch. 162 162.12(2) ch. 163 163.01 163.161 et seq. ch. 163.170, §163.3164(17) 163.225(3)(a)—(c) 163.295 163.3161 et seq. 163.3177 163.3178 163.3180(12) ch. 166 166.021 166.221 166.231 ch. 170 Supp. No. 71 Section this Code 27-31 1-2 App. B, Art. II, § 36-10 App. C, § 45-2 2-181 2-181 2-181 29-5(a) Ch. 10 10-7 2-161(e)(9) 2-155 6-156 6-153 6-154 2-174 2-180 12.5-1 21-1 21-11 21-43, 21-44 App. B, Art. I, § 36-2, App. B, Art. I, § 36-4 App. B, Art. II, § 36-16 App. B, Art. VI 2-4(f) 21-01 App. B, Art. II, § 36-10 5-86 6-150 Ch. 21, Art. II 21-44 6-155 21-44 21-48 6-16 Ch. 24 Ord. No. 2478 § 3 Ch. 17, Art. II 17-34 Ch. 26, Art. III 21-2 2819 Section 170.01 ch. 175 175.061((7) 175.071(1) 175.071(8) 175.101 175.333 ch. 177 ch. 185 185.05(6) 185.06(1)(b) 185.06(7) 185.08 202.195 203.012 203.012(5)(b) ch. 205 205.043(2), 205.043(3) 205.053 205.192 210.03 ch. 212 215.473 222.17 ch. 252 252.38 et seq. 253.125 Ch. 280 280.04 286.011 Ch. 316 316.008 316.1955, 316.1956 320.01(1) ch. 327 Section this Code Ch. 24 2-167 2-169 2-166 2-166 26-17 2-162 App. B, Art. I, § 36-2 App. B, Art. II, § 36-8 App. B, Art. II, § 36-15 App. B, Art. IV, § 36-27 2-167 2-169 2-166 2-166 26-16 29-8(m) 26-51,29-3 29-5(b) 26-51 Ch. 17, Art. II 17-24, 17-25 17-20 17-22 17-33 26-53 2-166 5-1 Ch. 8 8-4(a)(2) 8-6 7-19 2-4 2-4 2-1 18-20 Ch. 18 18-37 14-37 Ch. 5 5-1 NORTH PALM BEACH CODE Section this Code 2-136 2-136 2-4 App. C, § 45-2 29-12(d) 2-169(f) 2-255 19-31 19-31 19-31 4-13 App. C, § 45-20 19-31 8-21 8-22 8-22 2-104 45-36 45-36 45-36 2-159 2-159 2-159 1-9 [The next page is 28691 Section Section this Code Section 327.02 5-1 5-33 650.02 19-99 658.12 335.065 App. B, Art. IV, ch. 760 § 36-29.1 768.28 337.29 29-2 775.082, 775.083 337.401 29-2,29-3 29-5(a), (e) 794.011 29-6(a) 800.04 337.401(3) 28-3 827.071 337.403, 337.404 29-7 ch. 828 342.03 Ch.5 ch. 847 362.01 29-2 847.0145 364.02 29-3 870.041 ch. 373 19-200 870.44 ch. 380 21-44 870.45 App. B, Art. II, 872.05 § 36-10 893.03 380.04 21-103 893.035 393 App. C, § 45-2 893.0356 ch. 394 App. C, § 45-2 943.10(6) ch. 395 App. C, § 45-36 943.10(8) 397.311(18) App. C, § 45-38 943.14 ch. 400 App. C, § 45-2 943.25(13) ch. 401 11.5-21 ch. 402 App. C, § 45-2 App. C, § 45-34.1 402.302(4), 402.302(5) 17-33 413.08 4-27(d) ch. 419 17-33 App. C, § 45-2 429.02 App. C, § 45-2 ch. 458 App. C, § 45-36 ch. 459 App. C, § 45-36 471.003 29-8(c)(1) ch. 472 App. B, Art. I, § 36-6 ch. 480 App. C, § 45-2 ch. 495 1-10 ch. 553 6-16 553.73 11-11 553.73(2) 6-2 561.01 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 633.025 12-16 633.0215 12-16 ch. 650 Ch. 2, Art. V, Div. 2 Supp. No. 71 2820 Section this Code 2-136 2-136 2-4 App. C, § 45-2 29-12(d) 2-169(f) 2-255 19-31 19-31 19-31 4-13 App. C, § 45-20 19-31 8-21 8-22 8-22 2-104 45-36 45-36 45-36 2-159 2-159 2-159 1-9 [The next page is 28691 CODE COMPARATIVE TABLE Supp. No. 71, Add. 2895 Adoption Section Ord. No. Date Section this Code 2014-13 12-11-14 2 Added Ch. 6, Art. IV, §§ 6- 72-6-86 2014-14 12-11-14 2 2-4 2015-03 3-12-15 2 Added Ch. 17, Art. VIII, §§ 17-81-17-94 2015-04 4- 9-15 2 Added 19-12 2015-05 4- 9-15 2 2-159(b) 3 2-163(a)(1) 2015-07 4-23-15 2 14-30(4) 2015-10 6-11-15 2 App. C, § 45-2 3 Added App. C, § 45-32 A.9., C.2. App. C, § 45-32 E.7. Added App. C, § 45-32 F.3. 4 App. C, § 45-35.1 II.A.8. 2015-11 6-25-15 2 App. A, § III 3 App. C, § 45-21(2)b. 4 Added App. C, § 45-38 2015-12 6-25-15 2 Ch. 2, Art. III, Div. 5 (Tit.) 2-76(b), (c) 2015-13 7-23-15 2 Added App. C, § 45-16.2 3 21-3(a) 2015-19 11-12-15 1 5-1 Added 5-18 5-19-5-25 2015-20 11-12-15 2 45-36 N. 2015-22 12-10-15 2 19-99 2016-06 5-12-16 2 Rpld Ch. 24, Art. II, Divs. 1, 2, §§ 24-16-26- 20, 26-28, 26-29 Added Ch. 24, Art. II, §§ 24-16-24-27 2016-07 9- 8-16 2 Added 18-33 3 18-35 4 Added 18-35.1 5 2-173 2017-02 1-12-17 2 2-151(a), (b) 2017-03 1-26-17 2 Rpld Ch. 29, §§ 29-1- 29-16 Added Ch. 29, §§ 29-1- 29-20 2017-11 8-24-17 2 Rpld Ch. 12, Arts. I—III, §§ 12.5-1-12.5-11, 12.5-21-12.5-24, 12.5-41-12.5-45 Added Ch. 12.5, Arts. I—III, §§ 12.5-1- 12.5-8, 12.5-21, 12.5- 31-12.5-37 3 Added 6-21 2017-13 9-28-17 2 Added Ch. 27, Art. IV, §§ 27-71-27-84 2017-18 10-12-17 2 10-5 2017-21 12-14-17 2 45-2 3 45-38B., C., D.24 Supp. No. 71, Add. 2895 NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code Added 45-34 2017-22 12-14-17 2 45-2 Added 45-24, 45-25 2017-23 12-14-17 2 Added 45-36D-3. 2017-24 12-14-17 2 12-16(a), (b) 3 Rpld 15-1,15-2 Added 15-1-15-6 Added 15-21-15-27 2018-01 1-11-18 2 2-4(i) 2018-04 5-10-18 2 5-1 5-9 5-10 5-12 5-16 3 5-81-5-85 2018-09 12-13-18 2 18-34.1 2019-01 3-14-19 2 2-1 Rpld 2-3 3 2-52 Rpld 2-55 4 5-103 Rpld 5-104 Rnbd 5-105 as 5-104 Rpld 5-106 5 Rpld 6-18 6 9-17 7 16-16 16-17 Rpld 16-18-16-20 Rnbd 16-21 as 16-18 Rnbd 16-22 as 16-19 Rpld 16-23, 16-24 8 17-72 Rpld 17-73 Rnbd 17-74 as 17-73 9 20-61, 20-62 Rpld 20-63-20-65 Rnbd 20-66 as 20-63 10 21-11 11 21-21 12 Added 24-61-24-63 2019-04 5-23-19 2 Rpld 2-53 Rnbd 2-54 as 2-53 3 Rpld 9-18 Rnbd 9-19 as 9-18 [The next page is 29331 Supp. No. 71, Add. 2896 CODE INDEX BLOCKS Section B 36-18 BATHING 5-72 Diseased persons prohibited from bathing 5-71 in public pools, etc ................. 19-3 BICYCLES 5-70 Park regulations ........................ 20-6 Subdivisions, required improvements re 5-60 bikeways .......................... 36-29.1 BILLBOARDS. See: SIGNS AND 5-59 BILLBOARDS 5-57 BIRDS. See: ANIMALS AND FOWL 5-16 BLOCKS Section Subdivision design standards............ 36-18 BOARDS, COMMITTEES AND COMMIS- 5-72 SIONS. See: DEPARTMENTS AND 5-71 OTHER AGENCIES OF VILLAGE BOATS, DOCKS AND WATERWAYS 5-70 Abandoned boats ....................... 5-8 Abatement of public nuisances on private 5-60 property ........................ 14-79 et seq. Anchoring and mooring 5-59 Mooring limitations in waterways 5-57 (private docks and piers) ........ 5-16 Unlawfully anchored or moored vessels Claiming ofvessel of floating structure by owner; payment of costs.... 5-23 Department of law enforcement to impound ..................... 5-19 Owner to be notified upon impound- ment ......................... 5-20 Procedure in event owner cannot be 5-81 found ........................ 5-21 Reclamation of owner after sale .... 5-24 Unclaimed vessel to be sold; certifica- tion of sale ................... 5-22 Authority of village to board boats violat- 5-83 ing chapter ........................ 5-17 Boat launching area Abandoned boats and equipment 5-95 Disposition ........................ 5-36 Recovery .......................... 5-37 Designated; use restricted ............ 5-33 Permits required Boats remaining for more than 24 hours ........................ 5-35 Repairs prohibited ................... 5-34 Vehicle/trailer parking in designated 5-1 areas ........................... 5-35 Violation; penalty .................... 5-38 Bulkhead lines ......................... 7-1 et seq. See: BULKHEAD LINES 12.5-1 et seq. Code enforcement, applicability re ....... 2-173 Construction requirements Bulkheads and seawalls 5-11 Compliance with provisions required 5-69 Inspection required ................ 5-73 Supp. No. 71 2937 Section BOATS, DOCKS AND WATERWAYS (Cont'd.) Permit fee ......................... 5-72 Specifications ..................... 5-71 Submission of plans and specifica- tions ......................... 5-70 Canals Canal crossings .................... 5-60 Compliance with provisions required 5-56 Drainage canals ................... 5-59 General requirements .............. 5-57 Navigation canals ................. 5-58 Surety bond prerequisite to issuance of building permit in certain cases ........................ 5-61 Docks and piers Construction in waters other than Lake Worth and Atlantic Ocean, regulations governing......... 5-84 Definitions ........................ 5-81 Generally ......................... 5-82 Lake Worth and Atlantic Ocean, regulations governing construc- tion in ....................... 5-85 Minimum design requirements ..... 5-83 Variances ......................... 5-86 Erosion control structures Construction ...................... 5-95 Control ........................... 5-96 Definitions ........................ 5-93 Permitted, when ................... 5-94 Piers. See within this subheading: Docks and Piers Seawalls. See within this subheading: Bulkheads and Seawalls Definitions ............................. 5-1 Disturbing other boats .................. 5-6 Exhibition boats exempted from certain restrictions ........................ 5-4 Flood damage prevention provisions ..... 12.5-1 et seq. See: FLOOD DAMAGE PREVENTION Health and sanitation requirements Cleanliness of docks .................. 5-11 Observance of village health and conduct rules........................... 5-10 Pollution of waterways ............... 5-13 Refuse disposal ...................... 5-12 Live aboard boats Living aboard boats restricted ........ 5-15 Occupancy of live aboard boats, floating structure or vessels in village waterways ...................... 5-25 Marine sanctuaries Designation of waters as marine sanctuaries Area to be regulated ............... 5-101(c) Areas designated .................. 5-101(b) Construction of provision .......... 5-101(d) Definition ......................... 5-101(a) NORTH PALM BEACH CODE Section Section BOATS, DOCKS AND WATERWAYS (Cont'd.) BUILDINGS (Cont'd.) Mooring, docking, or beaching of boats on Certificate of appropriateness public or private property without Final hearings ..................... 6-57 permission ........................ 5-9 Follow-up by community develop - Noise control ment department ............. 6-60 Radios or other mechanical sound- Planning commission making devices or instruments in Action of ....................... 6-58 vessels, operation of ............. 19-103 Approval by .................... 6-59 Parking Preliminary consideration.......... 6-56 Boats and boat trailers; parking on Definition ........................... 6-31 residential property restricted in Intent and purposes .................. 6-32 R-1 and R-2 residential zoning Planning commission, powers and duties districts ........................ 18-35 re.............................. 6-36 Prohibited parking upon right-of-way Short title ........................... 6-30 of specific roadways ............. 18-34.1 Appearance plan (Appendix A). See that Prohibition of floating structures ........ 5-18 subject Running engines, hours in residential Code enforcement, applicability re ....... 2-173 districts ........................... 5-14 Codes Searchlights, use of ..................... 5-7 Appearance code. See herein that subject Speed limits; wakes ..................... 5-2 Building code ........................ 6-17 Subdivision provisions re waterways ..... 36-22 et seq. Electrical code ....................... 11-11, 11-12 See: SUBDIVISIONS (Appendix B) Fire prevention code ................. 12-16 et seq. Swimming in restricted waters .......... 5-3 Country club ........................... 9-1 et seq. Water skiing ........................... 5-5 See: COUNTRY CLUB Waterways board ....................... 5-102 et seq. Electrical code.......................... 11-11, 11-12 Flood damage prevention ............... 12.5-1 et seq. BONDS See: FLOOD DAMAGE PREVENTION Administrative code; bonds required of Landscaping .................... 27-31 et seq. certain officers .................... 2-42 See: LANDSCAPING Canal construction; surety bond Minimum construction standards prerequisite to issuance of building Authority.. ..... 6-16 permit ............................ 5-61 Codes adopted ....................... 6-17 Communications services Technical amendments to the Florida Construction bond ................... 29-14 Building Code, Residential....... 6-21 Finance director, duties re .............. 2-59(7) Violations and penalty ............... 6-19 Village manager ........................ 2-117 Missiles, throwing ...................... 19-83 BRUSH. See: WEEDS AND BRUSH Obstructing passageway ................ 19-47 Outdoor displays. See herein: Signs and BUILDINGS Outdoor Displays Abatement of unsafe or unsanitary build- Park and recreation facilities; erecting ings buildings or structures ............. 20-3 Appeal .............................. 6-81 Public land, construction on prohibited .. 6-1 Authority to expend funds ............ 6-85 Signs and outdoors displays ............. 6-110 et seq. Enforcement and right of entry ....... 6-74 See: SIGNS AND BILLBOARDS Hearing ............................. 6-79 Smoke, dust, odors, liquids, etc.......... 19-9 Implementation ...................... 6-80 Spitting in public places prohibited ...... 19-5 Inspection ........................... 6-75 Stormwater management; level of finished Lien, imposition of ................... 6-84 floor of structures ................. 21-63 Performance of work ................. 6-82 Subdivision regulations ................. 36-1 et seq. Placard posting ...................... 6-78 See: SUBDIVISIONS (Appendix B) Provisions supplemental .............. 6-86 Swimming pools ........................ 25-1 et seq. Purpose and scope ................... 6-72 See: SWIMMING POOLS Recovery of costs ..................... 6-83 Zoning regulations...................... 45-1 et seq. Service of notice of violation .......... 6-77 See: ZONING (Appendix C) Unsafe or unsanitary buildings and structures ...................... 6-73 BULKHEAD LINES Violations ........................... 6-76 Code enforcement, applicability re ....... 2-173 Appearance code Established; designated ................. 7-1 Appeals and review .................. 6-35 Filling operation beyond bulkhead line Appearance plan ..................... 6-33 prohibited......................... 7-2 Supp. No. 71 2938 BULKHEAD LINES (Cont'd.) Filling permit Application fees ...................... Application; issuance ................. Expiration date; renewal; revocation . . Public hearing prerequisite to consideration ................... Required............................ Unlawful fill; removal ................... BULKHEADS Bulkheads and seawalls, construction requirements re ................... See: BOATS, DOCKS AND WATERWAYS BUSINESS ADVISORY BOARD Composition; terms ..................... Created................................ Mission; duties ......................... BUSINESS REGULATIONS Ambulances ............................ Business advisory board ................ See: BUSINESS ADVISORY BOARD Businesses located outside village limits Application for certificate of regulation Certificate of business regulation required; basis of one year...... . Commercial vehicles, marking of ...... Compliance by principal deemed compli- ance by agent ................... Delinquency penalty ................. Doing business not covered by certificate of regulation .................... Duplicate certificates of regulation .... Duration ............................ False statements Certificate obtained void ab initio . . Engaging in business without certificate of regulation or under certificate issued on .......... Fee exemptions ...................... Fee schedule ......................... Half-year certificate .................. Issuance of certificate ................ Noncompliance of principal ........... Nonprofit enterprise, special permit for Refund of fee ........................ Registration required ................. Renewal ............................. Suspension or revocation of certificate. When due and payable ............... Garage and other sales ................. See: GARAGE AND OTHER SALES Home occupations ...................... See: HOME OCCUPATIONS Local business tax Application for business tax receipt ... Business tax exemptions ............. Business tax imposed; basis of one year Supp. No. 71 CODE INDEX Section Section BUSINESS REGULATIONS (Cont'd.) Business tax receipt renewal; 7-19 delinquency penalty .............. 17-20 7-18 Business tax schedule ................ 17-33 7-20 Compliance by principal deemed compli- ance by agent; noncompliance of 7-17 principal ....................... 17-29 7-16 Declaration where fee depends on vari- 7-3 able factors within applicant's knowledge ...................... 17-23 Doing business not covered by receipt; 5-69 et seq. receipt obtained by false state- ments void ab initio ............. 17-28 Duplicate receipts .................... 17-27 Engaging in business without receipt or under receipt issued on false 17-72 statements ..................... 17-32 17-71 How tax construed as to specified profes- 17-73 sions ........................... 17-21 Issuance of receipt; duration; half-year 17-50, 17-51 receipt; when due and payable ... 17-19 17-71 et seq. Marking of commercial vehicles ....... 17-33.1 Receipt to be posted or carried ........ 17-26 Special permit for nonprofit enterprise 17-22 17-34.2 Suspension or revocation of receipt; refund of fee .................... 17-30 17-34 Transfer of receipts to new location ... 17-25 17-34.13 Transfer of receipts to new owner ..... 17-24 Peddlers and solicitors .................. 17-81 et seq. 17-34.8 See: PEDDLERS AND SOLICITORS 17-34.4 Simulated gambling devices ............. 17-40 et seq. See: SIMULATED GAMBLING 17.34-7 DEVICES 17-34.6 Wellfield protection 17-34.3 Regulation of business activities with 17-34.7 potential to contaminate land and water resources ................. 19-221 Zoning 17-34.11 Location of business for retail sales of 17-34.10 alcoholic beverages .............. 45-20(2), 17-34.12 45-36.N 17-34.3 C-3 Regional Business District ..... 45-34.1(9) 17-34.3 17-34.8 C 17-34.5 17-34.9 CABLE TELEVISION. See: TELEVISION 17-34.1 17-34.4 CAMPING 17-34.9 Recreational vehicles and trailers; park - 17 -34.3 ing on residential property restricted 17-61 et seq. in R-1 and R-2 residential zoning districts ........................... 18-35.1 17-3(a) et seq. Unauthorized lodging and camping ...... 19-11 CANALS 17-18 Construction requirements .............. 5-56 et seq. 17-31 See: BOATS, DOCKS AND 17-16 WATERWAYS 2939 NORTH PALM BEACH CODE CIVIL DISORDERS AND DISTURBANCES. Section CATS Regulations enumerated ................ 4-24 et seq. See: ANIMALS AND FOWL 19-217 CERTIFICATES 2-67 et seq. Appearance code; certificate of appropriate- 2-176 ness .............................. 6-56 et seq. See: BUILDINGS 2-172 Boats, docks and waterways; unlawfully 9-1 et seq. anchored or moored vessels Unclaimed vessel to be sold; certifica- 2-180 tion of sale ..................... 5-22 Businesses located outside village limits, 2-253 certificate of business regulations re 17-34 et seq. See: BUSINESS REGULATIONS 2-252 Emergency medical services ............. 11.5-21 Historic site overlay district; certificate of 2-256 appropriateness ................... 45-37(H) CIVIL DISORDERS AND DISTURBANCES. Section See: EMERGENCY MANAGEMENT CLERK 2-182 Department of records, provisions re vil- 19-217 lage clerk and deputy village clerk.. 2-67 et seq. See: DOCUMENTS AND PUBLIC 2-176 RECORDS 2-171 CLUBS 2-172 Country club ........................... 9-1 et seq. See: COUNTRY CLUB CODE ENFORCEMENT, ALTERNATE 2-180 METHOD OF 2-178(d) Codes to be enforced by citation ......... 2-253 Failure to accept citation ................ 2-255 Form and contents of citation ........... 2-252 Issuance of citations .................... 2-251 Provisions additional and supplemental.. 2-256 Right to hearing; maximum penalty ..... 2-254 CODE ENFORCEMENT Section Actions for money judgments Limitation ........................... 2-182 Alarm regulations, enforcement re ....... 19-217 Applicability ........................... 2-173 Conduct of hearing ..................... 2-176 Declaration of legislative intent ......... 2-171 Definitions ............................. 2-172 Enforcement procedure ................. 2-175 Fines; liens Appeal .............................. 2-180 Copies of orders imposing fines ....... 2-178(d) Determination of amount of fine ...... 2-178(b) Duration of lien ...................... 2-179 Generally ............................ 2-178(a) Notices .............................. 2-181 Reduction of fine ..................... 2-178(c) Provisions supplemental ................ 2-183 Special magistrates 1-10 Appointment ......................... 2-174(a) Power and authority ................. 2-174(b) Supp. No. 71 2940 Section CODE ENFORCEMENT (Cont'd.) Powers of ............................ 2-177 Qualifications ........................ 2-174(c) CODE OF ORDINANCES* Altering Code .......................... 1-7 Amendments ........................... 1-6 Catchlines ............................. 1-3 Court cost Assessment of additional court costs for criminal justice education expenditures .................... 1-9 Definitions and rules of construction..... 1-2 Designated and cited ................... 1-1 References to chapters or sections ....... 1-3 Repeal of ordinances, effect of ........... 1-4 Severability of parts .................... 1-5 Village clerk, duties re recording ordinances 2-67(3) Village logo ............................ 1-10 Violations, penalty and prosecution costs. 1-8 COIN-OPERATED AMUSEMENTS Proximity to schools restricted .......... 19-4 COMBAT AUTO THEFT (CAT) Establishment, regulations .............. 18-19 COMMITTEES, COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF VILLAGE COMMUNICATIONS Communications services ............... 29-1 et seq. See: COMMUNICATIONS SERVICES Telecommunications service tax ......... 26-51 et seq. See: TAXATION COMMUNICATIONS SERVICES Appeals ................................ 29-8 Compliance with other laws; police power 29-11 Conditional use of public rights-of-way... 29-9 Construction bond ...................... 29-14 Definitions ............................. 29-3 Enforcement remedies .................. 29-16 Force majeure .......................... 29-17 Insurance; surety; indemnification ....... 29-13 Intent and purpose ..................... 29-2 Involuntary termination of registration.. 29-10 No liability or warranty ................. 29-19 Pass-through provider fees and charges.. 29-20 Placement or maintenance of a communica- tions facility or a wireless communica- tions facility in public rights-of-way 29-6 Registration ............................ 29-4 Reservation of rights ................... 29-18 *Note—The adoption, amendment, repeal, omissions, effec- tive date, explanation of numbering system and other mat- ters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. Supp. No. 71 2940 CODE INDEX DECALS Combat Auto Theft (CAT) ............... 18-19 Supp. No. 71 2941 Section COMMUNICATIONS SERVICES (Cont'd.) Security fund ........................... 29-15 Suspension or denial of permits ......... 29-7 Telecommunications service tax ......... 26-51 et seq. See: TAXATION Title................................... 29-1 Transfer of control; sale or assignment... 29-12 Underground installation; damage to vil- lage facilities; emergencies; abandon- 2-1 ment.............................. 29-5 COMMUNITY DEVELOPMENT DEPART- MENT 2-171 et seq. Buildings 2-111 et seq. Appearance code Certificate of appropriateness Follow-up by community develop- 24-61 et seq. ment department .......... 6-60 Director's duties ........................ 2-111 Divisions 2-59 Code compliance ..................... 2-112(2) Permits and inspections .............. 2-112(1) Planning ............................ 2-112(3) COMPUTATION OF TIME 2-81 et seq. Definitions and rules of construction..... 1-2 CONCURRENCY MANAGEMENT 2-151 et seq. Provisions enumerated .................. 21-41 et seq. See: PLANNING AND DEVELOPMENT 9-16 et seq. COUNCIL. See: VILLAGE COUNCIL COUNTRY CLUB Finances 2-75,2-76 Delinquent accounts; penalties ........ 9-32 Golf advisory board ..................... 9-16 et seq. See: GOLF ADVISORY BOARD Premises 16-16 et seq. Disfiguration and/or removal of build- 2-93 ing or other property............ 9-1(1) Enforcement ......................... 9-2 Hours ............................... 9-1(2) Signs................................ 9-2 Violations and penalties .............. 9-2 COUNTY 2-67 et seq. Definitions and rules of construction..... 1-2 COURTS Court cost 2-110 Assessment of additional court costs for 20-61 et seq. criminal justice education expenditures .................... 1-9 DECALS Combat Auto Theft (CAT) ............... 18-19 Supp. No. 71 2941 Section DEPARTMENTS AND OTHER AGENCIES OF VILLAGE Administrative code .................... 2-39 et seq. See: ADMINISTRATIVE CODE Appearance board. See: APPEARANCE PLAN (Appendix A) Audit committee ........................ 2-56 et seq. See: AUDITS Boards and committees ................. 2-1 Business advisory board ................ 17-71 et seq. See: BUSINESS ADVISORY BOARD Code enforcement ...................... 2-171 et seq. Community development department .... 2-111 et seq. See: COMMUNITY DEVELOPMENT DEPARTMENT Environmental committee ............... 24-61 et seq. See: STREETS, SIDEWALKS AND PUBLIC PLACES Finance, department of ................. 2-59 See: FINANCES Fire and police retirement board of trustees 2-164 et seq. See: PENSIONS AND RETIREMENT Fire rescue department ................. 2-81 et seq. See: FIRE RESCUE DEPARTMENT General employees retirement board..... 2-151 et seq. See: PENSIONS AND RETIREMENT Golf advisory board ..................... 9-16 et seq. See: GOLF ADVISORY BOARD Law enforcement, department of (police department) ....................... 2-75,2-76 See: LAW ENFORCEMENT, DEPART- MENT OF (POLICE DEPART- MENT) Library board .......................... 16-16 et seq. Library, department of .................. 2-93 Planning and development board of adjust- ment.............................. 21-21 Planning commission ................... 21-11, 21-12 Public works, department of ............. 2-84,2-85 See: PUBLIC WORKS DEPARTMENT Records, department of ................. 2-67 et seq. See: DOCUMENT AND PUBLIC RECORDS Recreation department .................. 2-110 Recreation advisory board ............ 20-61 et seq. See: PARKS, PLAYGROUNDS AND RECREATION Reserve police force ..................... 23-42 et seq. See: POLICE Village council .......................... 2-16 et seq. Waterways board ....................... 5-102 et seq. DEVELOPMENTS. See: PLANNING AND DEVELOPMENT DISABLED AND HANDICAPPED PERSONS Applicability of dog prohibitions to guide and service dogs ................... 4-27(d) Parking violations re handicap spaces ... 18-37 NORTH PALM BEACH CODE Supp. No. 71 2942 Section Section DISTRICTS ELECTIONS (Cont'd.) Zoning regulations ...................... 45-16 et seq. State laws See: ZONING (Appendix C) Applicable state laws adopted......... 10-1 Voting machines maybe used; state law DISTURBANCES. See: CIVIL DISORDERS applicable ...................... 10-7 AND DISTURBANCES Village clerk, duties re keeping election DOCKS. See: BOATS, DOCKS AND records ............................ 2-67(5) WATERWAYS Voting machines may be used; state law applicable ......................... 10-7 DOCUMENTS AND PUBLIC RECORDS Department of records ELECTRICAL CODE Deputy village clerk Amendments, corrections, additions ..... 11-12 Appointment ...................... 2-68 Code enforcement, applicability re ....... 2-173 Duties ............................ 2-69 EMERGENCIES Village clerk; duties Ambulances ............................ 17-50,17-51 Election records, keeping........... 2-67(5) Communications services ............... 29-5 Expiration of term, notice of........ 2-67(7) Emergency management ................ 8-1 et seq. Official seal, keeping .............. 2-67(8) See: EMERGENCY MANAGEMENT Record ordinances ................. 2-67(3) Emergency medical services Village council Fees Keep records of council .......... 2-67(2) Billing and collection .............. 11.5-23 Public council action ............ 2-67(4) Establishment ..................... 11.5-22 Serve as clerk of council ......... 2-67(1) Generally ............................ 11.5-21 Vital statistics, keeping ............ 2-67(6) Fire rescue department ................. 2-81 et seq. Village clerk and deputy village clerk. See See: FIRE RESCUE DEPARTMENT herein: Department of Records Water shortage emergencies ............. 19-200 et seq. DOGS See: WATER SHORTAGE EMERGEN- Regulations enumerated ................ 4-24 et seq. CIES See: ANIMALS AND FOWL EMERGENCY MANAGEMENT DRAINAGE Applicability ........................... 8-2 Property maintenance standards Civil disorders and disturbances Exterior of structures 15-3 Declaration of a state of emergency ... 8-22 ................ Roofs and drainage ................ 15-3(g) Mayor designated local authority for Stormwater management ............... 21-61 et seq. preservation of public peace ..... 8-21 See: STORMWATER MANAGEMENT Declaration of a state of emergency ...... 8-5 Subdivision design standards re ease- Definitions ............................. 8-1 8-3 ments and rights-of-way 36-22(b) Emergency management structure....... Zoning; surface water management Exempt employee emergency duty C-3 Regional Business District........ 45-34.1(8) Compensation ....................... Powers, duties and responsibilities ...... 8-31 8-4 DROUGHT Termination of a state of emergency ..... 8-6 Water shortage emergencies ............. 19-200 et seq. EMPLOYEES. See: OFFICERS AND See: WATER SHORTAGE EMERGEN- EMPLOYEES CIES ENCLOSURES. See: FENCES, WALLS, E HEDGES AND ENCLOSURES ELECTIONS ENVIRONMENTAL CONCERNS Candidacy Environmental committee ............... 24-61 et seq. Candidates for office; qualifying....... 10-5 See: STREETS, SIDEWALKS AND Preservation of notice of candidacy.... 10-6 PUBLIC PLACES Conduct of elections .................... 10-6 EROSION CONTROL STRUCTURES Early voting ............................ 10-7 Construction regulations ................ 5-93 et seq. General elections, notice of .............. 10-3 See: BOATS, DOCKS AND Polling locations WATERWAYS Designated .......................... 10-76 Special elections EXCAVATIONS Notice of ............................ 10-4 Bulkhead lines......................... 7-1 et seq. When held ........................... 10-2 See: BULKHEAD LINES Supp. No. 71 2942 CODE INDEX Section EXCAVATIONS (Cont'd.) Stormwater management ............... 21-61 et seq. See: STORMWATER MANAGEMENT EXCRETA Dog waste, removal provisions re ........ F FENCES, WALLS, HEDGES AND ENCLOSURES Landscaping ........................... See: LANDSCAPING Swimming pool requirements........... . FERTILIZER -FRIENDLY USE ORDINANCE Applicability ........................... Definitions ............................. Enforcement; penalties; appeals ......... Appeals............................. Enforcement ......................... Disposition of penalty funds .......... Penalties ............................ Exemptions ............................ Fertilizer Application practices ................. Content and application rates........ . Free zones ........................... Findings ............................... Licensing of commercial applicators ..... Management of grass clippings and vegeta- tive matter ........................ Purpose and intent ..................... Timing of fertilizer application .......... Title................................... Training ............................... FINANCES Budget procedures ...................... Country club Delinquent accounts; penalties ........ Court cost Assessment of additional court costs for criminal justice education expenditures .................... Department of finance Finance director; duties Accounts of receipts and expenditures Budget duties ..................... Cancellation of evidences of old debt Collect moneys and fees due village. Examine books .................... Financial statements .............. Fiscal supervision over officers ..... Keep accounts ..................... Pay village employees .............. Prescribe form ..................... Receive and disburse moneys...... . Responsibility for proceeds of bonds Supp. No. 71 4-31,4-32 27-31 et seq. 25-5 27-75 27-72 27-84 27-84(d) 27-84(a) 27-84(c) 27-84(b) 27-81 27-79 27-78 27-77 27-73 27-83 27-80 27-74 27-76 27-71 27-82 W% NORTH PALM BEACH CODE Section FIRE PREVENTION AND PROTECTION (Cont'd.) Volunteer firefighters, length of service award plan for .................... 2-170 et seq. See: PENSIONS AND RETIREMENT FIRE RESCUE DEPARTMENT Composition ............................ Emergency medical services ............. See: EMERGENCIES Fire chiefs duties ....................... Functions .............................. Disaster response .................... Emergency medical services .......... Fire fighting ......................... Fire prevention ...................... Maintain equipment ................. Report losses ........................ Interference with police and fire rescue department telephone trunk lines prohibited ......................... FIREARMS AND WEAPONS Concealed weapons, carrying ............ Forfeiture; disposition ................... Possession ............................. Sales restricted Record of sales required ....... :...... Specified weapons, display and sale of. Switchblade knives prohibited ........ Stench bombs prohibited ................ See: STENCH BOMBS FLOOD DAMAGE PREVENTION Administration General provisions ................... Coordination with the Florida Build- ing Code ..................... Disclaimer of liability .............. Intent............................. Scope............................. Title.............................. Warning .......................... Applicability ......................... Abrogation and greater restrictions. Areas to which chapter applies ..... Basis for establishing flood hazard areas........................ General ........................... Interpretation ..................... Other laws ........................ Submission of additional data to establish flood hazard areas... Duties and powers of the floodplain administrator ................... Applications and permits.......... . Designation ....................... Floodplain management records .... General ........................... Inspections ........................ 2-83 11.5-21 et seq. 2-81 2-82 2-82(6) 2-82(5) 2-82(3) 2-82(4) 2-82(2) 2-82(1) 19-215 19-184 19-186 19-183 19-185(c) 19-185(b) 19-185(a) 19-82 12.5-1 12.5-1(d) 12.5-1(f) 12.5-1(c) 12.5-1(b) 12.5-1(a) 12.5-1(e) 12.5-2 12.5-2(f) 12.5-2(b) 12.5-2(c) 12.5-2(a) 12.5-2(g) 12.5-2(e) 12.5-2(d) 12.5-3 12.5-3(c) 12.5-3(a) 12.5-3(i) 12.5-3(b) 12.5-3(g) FLOOD DAMAGE PREVENTION (Cont'd.) Modifications of the strict applica- tion of the requirements of the Florida Building Code ........ Notices and orders ................. Other duties of the Floodplain Administrator ................ Substantial improvement and substantial damage determina- tions......................... Inspections .......................... Buildings, structures and facilities exempt from the Florida Build- ing Code ..................... Final inspection ................. Lowest floor inspection .......... Development other than buildings and structures ................ General ........................... Manufactured homes .............. Permits .............................. Application for a permit or approval... Buildings, structures and facilities exempt from the Florida Build- ing Code ..................... Expiration ........................ Floodplain development permits or approvals .................... Other permits required ............ Permits required .................. Suspension or revocation.......... . Validity of permit or approval ...... Site plans and construction documents Additional analyses and certifica- tions ......................... Information for development in flood hazard areas ................. Information in flood hazard areas without base flood elevations . . Submission of additional data ...... Variances and appeals ................ Appeals ........................... Conditions for issuance of variances Considerations for issuance of vari- ances ........................ Functionally dependent uses ....... General........................... Historic buildings ................. Limitations on authority to grant variances .................... Restrictions in floodways........... Violations ........................... Authority ......................... Penalties for noncompliance ........ Unlawful continuance .............. Violations ......................... Definitions General ............................. Definitions ........................ Scope............................. Supp. No. 71 2944 Section 12.5-3(e) 12.5-3(f) 12.5-3(h) 12.5-3(d) 12.5-6 12.5-5(c) 12.5-5(e) 12.5-5(d) 12.5-5(b) 12.5-5(a) 12.5-5(f) 12.5-4 12.5-4(d) 12.5-4(c) 12.5-4(f) 12.5-4(b) 12.5-4(h) 12.5-4(a) 12.5-4(g) 12.5-4(e) 12.5-5 12.5-5(c) 12.5-5(a) 12.5-5(b) 12.5-5(d) 12.5-7 12.5-7(b) 12.5-7(h) 12.5-7(g) 12.5-7(f) 12.5-7(a) 12.5-7(e) 12.5-7(c) 12.5-7(d) 12.5-8 12.5-8(b) 12.5-8(d) 12.5-8(c) 12.5-8(a) 12.5-21 12.5-21(d) 12.5-21(a) J JOINT AUTHORITY Definitions and rules of construction.... . K KNIVES. See: FIREARMS AND WEAPONS -------- L LAKE WORTH Marine sanctuary, designation as ........ Regulations governing construction of docks, piers in Lake Worth and Atlantic Ocean .................... LAND Buildings; construction on public land prohibited ......................... Planning and development .............. See: PLANNING AND DEVELOPMENT Subdivision regulations ................. See: SUBDIVISIONS (Appendix B) LANDSCAPING Accessways ............................. Appearance plan (Appendix A). See that subject Application of provisions; enforcement ... Certain yard areas, off-street parking and other vehicular use areas Existing plant material ............... Installation .......................... Maintenance ......................... Parking area interior landscaping.... . Perimeter landscaping relating to abut- ting properties .................. Plant material Ground covers ..................... Lawn grass ....................... Quality ........................... Shrubs and hedges ................ Tree species ....................... Vines............................. Required landscaping adjacent to public rights-of-way ................... Scope, applicability ................... Sight distance adjacent to public rights- of-way and points of access ...... Certificate of completion ................ Code enforcement, applicability re ....... Completed landscaping required for certificate of use and occupancy .... Definitions ............................. Fertilizer use ........................... See: FERTILIZER -FRIENDLY USE ORDINANCE Improved nonresidential properties in existence on September 23, 1971 Applicable requirements .............. Exceptions ........................... Supp. No. 71 CODE INDEX Section Section LANDSCAPING (Cont'd.) (POLICE DEPARTMENT) Objectives ........................... 27-40(a) 1-2 Planning commission, submission of anchored or moored vessels plans to ........................ 27-40(d) Objectives .............................. 27-32 Off-street parking landscape manual .... 27-38 _- -P of -use plan approval prerequisite to Composition ............................ issuance of permits for building and Generally............................ paving ............................ 27-37 Property maintenance standards Operations support division.......... . 5-101 Exterior property areas ............... 15-2 Landscaping ...................... 15-2(c) Refuse container areas .................. 27-41 5-85 Scope; applicability ..................... 27-34 Zoning ordinance, conflict with .......... 27-39 LAW ENFORCEMENT, DEPARTMENT OF 6-1 (POLICE DEPARTMENT) 21-01 et seq. Boats, docks and waterways; unlawfully anchored or moored vessels 36-1 et seq. Department of law enforcement to impound........................ Chief of police's duties .................. 27-36 Composition ............................ Generally............................ Operations division .................. 27-33 Operations support division.......... . 27-67 27-60 27-61 27-65 27-64 27-62(e) 27-62(f) 27-62(a) 27-62(c) 27-62(b) 27-62(d) 27-63 27-59 27-66 27-35 2-173 27-37 27-31 27-71 et seq. 27-40(b) 27-40(c) 2947 LIBRARY Damaging property unlawful ............ Department of library Librarian ............................ Library board Appointment ......................... Composition ......................... Established .......................... Organization ......................... Powers and duties .................... Term of office ........................ LICENSES AND PERMITS Alarm permit .......................... See: ALARMS Boat launching area permits ............ Bulkhead lines; filling permit ........... See: BULKHEAD LINES Bulkheads and seawalls ................. Code enforcement, applicability re ....... Communications services Suspension or denial of permits ....... Community development department Permits and inspections .............. Driveways. See herein: Sidewalk and Driveway Permits Emergency medical services ............. Flood damage prevention development permit............................ Garage, related sales ................... 5-19 2-75 2-76 2-76(a) 2-76(b) 2-76(c) 16-1 2-93 16-17 16-17 16-16 16-18 16-19 16-17 19-208 et seq. 5-34 7-16 et seq. 5-72 2-173 29-7 2-112(1) 11.5-21 12.5-22 17-62 NORTH PALM BEACH CODE Supp. No. 71 2948 Section Section LICENSES AND PERMITS (Cont'd.) MEETINGS. See: ASSEMBLIES Home occupations. See also that subject MISSILES, STONES, ETC. Generally ............................ 17-16 et seq. Throwing missiles ...................... 19-83 Business tax receipt for home occupa- tions ......................... 17-3(c) et seq. MONTH Park and recreation facilities; meeting Definitions and rules of construction..... 1-2 and gathering permits ............. 20-31 et seq. See: PARKS, PLAYGROUNDS AND MONUMENTS RECREATION Subdivisions, required improvements re . 36-27 Peddlers and solicitors permit ........... 17-83 et seq. MOTOR VEHICLES AND TRAFFIC See: PEDDLERS AND SOLICITORS Ambulances ............................ 17-50, 17-51 Seawalls. See herein: Bulkheads and Businesses located outside village limits; Seawalls marking of commercial vehicles .... 17-34.13 Sidewalk and driveway permits ......... 24-55 et seq. Combat Auto Theft (CAT) ............... 18-19 See: STREETS, SIDEWALKS AND Discarded vehicles, etc.) PUBLIC PLACES Abatement of public nuisances on private Street excavation permits ............... 24-28, 24-29 property ........................ 14-79 et seq. Swimming pool permits ................. 25-3 See: NUISANCES Utilities Hitchhiking prohibited .................. 19-6 Use of rights-of-way for utilities; writ- Local business tax; marking of com- ten permit ...................... 28-2,28-3 mercial vehicles ................... 17-33.1 LOCAL BUSINESS TAX Motorized scooters ...................... 18-20 Regulations enumerated ................ 17-16 et seq. Park regulations re traffic............... 20-5 See: BUSINESS REGULATIONS Parking. See herein: Stopping, Standing and Parking LODGING Property maintenance standards Unauthorized lodging and camping ...... 19-11 Exterior property areas ............... 15-2 LOGO Motor vehicles ..................... 15-2(i) Village logo ............................ 1-10 Stopping, standing and parking Boats and boat trailers; parking on LOTS residential property restricted in Subdivision design standards............ 36-18 R-1 and R-2 residential zoning Zoning regulations ...................... 45-1 et seq. districts ........................ 18-35 See: ZONING (Appendix C) Definitions .......................... 18-33 Parking restricted .................... 18-34 M Recreational vehicles and trailers; park- ing on residential property MANAGER. See: VILLAGE MANAGER restricted in R-1 and R-2 MANGROVE STANDS residential zoning districts ...... 18-35.1 Flood damage prevention provisions ..... 12.5-45 Signs, parking in violation of ......... 18-36 Vehicle, trailer or boat parking MAPS. See: SURVEYS, MAPS AND PLATS prohibited upon paved or unpaved area of the road right-of-way of MARINE SANCTUARIES specific roadways ............... 18-34.1 Designated ............................. 5-101 Violations; fines MAY, SHALL Handicap spaces ................... 18-37 Definitions and rules of construction..... 1-2 Non -handicap spaces .............. 18-38 Vehicular operation MAYOR Speed limits Civil disorders and disturbances Generally 18-16 Mayor designated local authority for Weight limitations on certain roads ... 18-18 preservation of public peace ..... 8-21 Village council; presiding officer at meet- N ings............................... 2-18 MEASURES. See: WEIGHTS AND NOISE CONTROL Definitions ............................. 19-99 MEASURES Dissemination of information............ 19-106 MEDICAL SERVICES Enforcement ........................... 19-104 Emergency medical services ............. 11.5-21 et seq. Exemptions ............................ 19-101 See: EMERGENCIES Permissible time for construction activity 19-105 Supp. No. 71 2948