Code of Ordinances Supplement 75SUPPLEMENT NO. 75
January 2021
CODE OF ORDINANCES
Village of
NORTH PALM BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this time
through:
Ordinance No. 2020-22, adopted December 10, 2020.
See the Code Comparative Table for further information.
Remove Old Pages Insert New Pages
xi—xvi xi—xvi
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
SH:3, SH:4 SH:3, SH:4
144.1—146 145—146.1
152.2.1—152.4 152.2.1—152.3
381—388 381—388
1055—1058 1055—1058.1
1231—1235 1231—1235
1289—1294 1289—1294
1345—1350.2 1345—1350.2
1681—1694 1681—1688
2045—2050 2045—2050.1
2364.1—2370 2365—2370.1
2479—2533 2479—2650
2619 2701
2819, 2820 2819—2821
2897 2897, 2898
2937—2950 2937—2950
2954.1—2964 2955—2966
Insert and maintain this instruction sheet in front of this publication. File removed
pages for reference.
INSTRUCTION SHEET—Cont'd.
TABLE 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
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Art. IV. Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Art. V. Pensions and Retirement Systems. . . . . . . . . . . . 144
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Div. 2. Social Security . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Div. 3. Pension and Certain Other Benefits for
General Employees . . . . . . . . . . . . . . . . . . . . . . 145
Div. 4. Pension and Certain Other Benefits for
Fire and Police Employees . . . . . . . . . . . . . . . 153
Div. 5. Length of Service Award Plan for Volunteer
Firefighters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164.1
Div. 6. ICMA Defined Contribution Pension Plan. 164.3
Art. VI. Code Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . 164.3
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 . . . . . . . . . . . . . . . . . . . . . . . . . 331
Div. 5. Erosion Control Structures. . . . . . . . . . . . . . . 336
Art. IV. Marine Sanctuaries. . . . . . . . . . . . . . . . . . . . . . . . . 336
Art. V. Waterways Board . . . . . . . . . . . . . . . . . . . . . . . . . . . 336.1
6. Buildings and Building Regulations . . . . . . . . . . . . . . . . . .. . . . 381
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383
Art. II. Minimum Construction Standards . . . . . . . . . . . 383
Art. III. Appearance Code . . . . . . . . . . . . . . . . . . . . . . . . . . 385
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
Div. 2. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386
Div. 3. Site Plan and Appearance Review . . . . . . . . 386
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. Fill Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 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
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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
Art. V. Chronic Nuisance Property Code . . . . . . . . . . . . . 895
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
TABLE OF CONTENTS—Cont'd.
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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
Art. VII. Business Advisory Board . . . . . . . . . . . . . . . . . . 1066
Art. VIII. Peddlers and Solicitors. . . . . . . . . . . . . . . . . . . . 1067
17.5 Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 1121
18. Motor Vehicles and Traffic. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 1171
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1173
Art. II. Operation of Vehicles Generally . . . . . . . . . . . . . 1173
Art. III. Stopping, Standing and Parking . . . . . . . . . . . . 1174
19. Offenses and Miscellaneous Provisions . . . . . . . . . . . . . .. . . . 1225
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1227
Art. II. Sexual Offenders and Sexual Predators . . . . . . 1230
Art. III. Offenses Against Property. . . . . . . . . . . . . . . . . . 1230
Art. IV. Offenses Against Public Morals . . . . . . . . . . . . . 1230
Art. V. Offenses Against Public Peace . . . . . . . . . . . . . . . 1231
Art. VI. Noise Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1231
Art. VII. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1234
Art. VIII. Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1234
Art. IX. Water Shortage Emergencies . . . . . . . . . . . . . . . 1237
Art. X. Alarms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1238
Art. XI. Wellfield Protection . . . . . . . . . . . . . . . . . . . . . . . . 1242
20. Parks, Playgrounds and Recreation. . . . . . . . . . . . . . . . . . .. . . 1289
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1291
Art. II. Meetings and Gatherings. . . . . . . . . . . . . . . . . . . . 1292
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1292
Div. 2. Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1293
Art. III. Recreation Advisory Board . . . . . . . . . . . . . . . . . 1294
21. Planning and Development . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 1343
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1345
Art. II. Planning Commission. . . . . . . . . . . . . . . . . . . . . . . 1347
Art. III. Board of Adjustment . . . . . . . . . . . . . . . . . . . . . . . 1348
Art. IV. Concurrency Management . . . . . . . . . . . . . . . . . . 1350
Art. V. Stormwater Management. . . . . . . . . . . . . . . . . . . . 1363
Art. VI. Archaeological Site Protection Regulations. . . 1366.1
22. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 1411
23. Police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 1463
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465
Art. II. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465
Art. III. Reserve Force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465
24. Streets, Sidewalks and Public Places . . . . . . . . . . . . . . . .. . . . 1517
Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1519
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Art. II. Work Performed Within Rights-of-Way . . . . . . . 1519
Art. III. Sidewalks and Driveways . . . . . . . . . . . . . . . . . . 1520.3
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1520.3
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. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1684
Art. IV. Fertilizer-Friendly Use Ordinance . . . . . . . . . . . 1685
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 . . . . . . . . . . . . . . . . . . . . 2369
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2489
Art. III. District Regulations. . . . . . . . . . . . . . . . . . . . . . . .2501
Arts. IV, V. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2630
Art. VI. Rezonings; Variances; Waivers . . . . . . . . . . . . . . 2631
Art. VII. Nonconforming Uses of Land and Structures 2633
Art. VIII. Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2636
D. Franchises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 2701
Statutory Reference Table . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 2819
Code Comparative Table—1970 Code. . . . . . . . . . . . . . . . . . . . . .. . . 2869
TABLE OF CONTENTS—Cont'd.
xvSupp. No. 75
Page
Code Comparative Table—Laws of Florida. . . . . . . . . . . . . . . . . .. . 2873
Code Comparative Table—Ordinances. . . . . . . . . . . . . . . . . . . .. . . . 2875
Charter Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 2933
Code Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 2935
NORTH PALM BEACH CODE
xviSupp. No. 75
[1]
Supp. No. 75
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.
Title Page 64
iii 1
v, vi OC
vii, viii OC
ix OC
x.i, x.ii 1
x.iii 1
xi, xii 75
xiii, xiv 75
xv, xvi 75
SH:1, SH:2 63
SH:3, SH:4 75
1 25
3, 4 25
5, 6 25
7, 8 25
9, 10 29
10.1, 10.2 53
10.3, 10.4 53
10.5, 10.6 53
11, 12 61
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13, 14 25
15, 16 68
17, 18 68
65 68
77 74
79, 80 OC
81, 82 58
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133, 134 71, Add.
134.1, 134.2 73
134.3, 134.4 71
135, 136 71
136.1 71
137, 138 60
138.1, 138.2 60
138.3, 138.4 68
138.5, 138.6 68
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138.9, 138.10 68
139, 140 71, Add.
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142.1, 142.2 62
143, 144 52
145, 146 75
146.1 75
147, 148 47
149, 150 47
151, 152 65
152.1, 152.2 65
152.2.1, 152.2.2 75
152.3 75
153, 154 73
154.1, 154.2 73
154.3 73
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157, 158 52
159, 160 73
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162.1, 162.2 46
163, 164 73
164.1, 164.2 73
164.3, 164.4 73
165, 166 48
167, 168 48
169, 170 48
211 OC
213, 214 19
263 59
265, 266 59
266.1 59
267, 268 52
269 52
319, 320 72
321, 322 72
322.1 72
323, 324 69
325, 326 69
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329, 330 72
331, 332 72
333, 334 72
335, 336 72
336.1 72
337 71
381, 382 75
383, 384 75
385, 386 75
387, 388 75
389, 390 60
391, 392 60
392.1, 392.2 60
392.3, 392.4 60
392.5 60
393, 394 56
395, 396 56
397, 398 56
398.1 56
398.15, 398.16 40
399, 400 53
401 53
453 72
455, 456 72
507 57
509, 510 57
511, 512 57
559 71, Add.
561, 562 71
563 71, Add.
615 36
617, 618 67
671 2
673 24
695 13
697 52
723 52
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727 67
777 66
779, 780 66
781, 782 66
783, 784 66
785, 786 66
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791, 792 66
793, 794 66
795, 796 66
797, 798 66
799 66
839 OC
889, 890 74
891, 892 61
893, 894 52
895, 896 74
897, 898 74
899, 900 74
901, 902 74
945 67
947, 948 67
949, 950 67
951, 952 67
953, 954 67
955, 956 67
997 71
999 71
1051, 1052 71
1052.1 71
1053, 1054 31
1054.1, 1054.2 31
1054.3, 1054.4 31
1055, 1056 75
1057, 1058 75
1058.1 75
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1060.1, 1060.2 43
1060.3, 1060.4 43
1060.5 43
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1063, 1064 54
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1067, 1068 71
1069, 1070 61
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1171 65
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1181 72
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1367 5
1411 OC
1463 OC
1465, 1466 52
1517, 1518 71
1519, 1520 64
1520.1, 1520.2 64
1520.3, 1520.4 64
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1573 24
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1631 27
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2701 75
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2821 75
2869, 2870 OC
2871 OC
2873 OC
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2877, 2878 OC
2879, 2880 OC
2881, 2882 14
2883, 2884 14
2885, 2886 19
2887, 2888 25, Add.
2889, 2890 33
2891, 2892 51
2893, 2894 60
2895, 2896 72
2897, 2898 75
2933, 2934 25
2935, 2936 71, Add.
2937, 2938 75
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2957, 2958 75
2959 75
2961, 2962 75
2963, 2964 75
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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
SUPPLEMENT HISTORY TABLE
SH:3Supp. No. 73
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.
2019-03 6-27-19 Included 72
2019-05 6-27-19 Omitted 72
2019-06 7-11-19 Included 72
2019-07 7-25-19 Included 72
2019-08 8- 8-19 Included 72
2019-09 9-26-19 Omitted 73
2019-10 9-26-19 Omitted 73
2019-11 10-24-19 Included 73
2020-01 5-14-20 Omitted 74
2020-02 7- 9-20 Included 74
2020-03 8-13-20 Omitted 74
2020-04 8-13-20 Included 74
2020-05 9-24-20 Omitted 75
2020-06 9-24-20 Included 75
2020-07 9-24-20 Omitted 75
2020-08 9-24-20 Omitted 75
2020-09 9-24-20 Omitted 75
2020-10 10-22-20 Omitted 75
2020-11 10-22-20 Omitted 75
2020-12 10-22-20 Omitted 75
2020-13 10-22-20 Omitted 75
2020-14 10-22-20 Omitted 75
2020-15 10-22-20 Omitted 75
2020-16 10-22-20 Omitted 75
2020-17 10-22-20 Omitted 75
2020-18 10-22-20 Omitted 75
2020-19 10-22-20 Omitted 75
2020-20 10-22-20 Omitted 75
2020-21 11-12-20 Included 75
2020-22 12-10-20 Included 75
2020-23 12-10-20 Omitted 75
2020-24 12-10-20 Omitted 75
2020-25 12-10-20 Omitted 75
2020-26 12-10-20 Omitted 75
NORTH PALM BEACH CODE
SH:4Supp. No. 73
ments thereto with the division of retirement of
the department of administration, as state agency,
for the purpose of extending the benefits provided
by the federal system of old-age and survivors
insurance to the employees and officials of the
village as provided in section 2-136, which agree-
ment shall provide for such methods of administra-
tion of the plan by the village as are found by the
state agency to be necessary and proper, and
shall be effective with respect to services in
employment covered by such agreement performed
on and after the first day of October, 1956.
(Code 1970, § 26-13)
Sec. 2-139. Withholding from wages.
Withholdings from salaries, wages, or other
compensation of employees and officials for the
purpose provided in section 2-136 are hereby
authorized to be made, and shall be made, in the
amounts and at such times as may be required
by applicable state or federal laws or regula-
tions, and shall be paid over to the state agency
designated by law or regulations to receive such
amounts.
(Code 1970, § 26-14)
Sec. 2-140. Appropriations by village.
There shall be appropriated from available
funds, derived from the general fund, such
amounts, at such times, as may be required to
pay promptly the contributions and assessments
required of the village as employer by applicable
state or federal laws or regulations, which shall
be paid over to the lawfully designated state
agency at the times and in the manner provided
by law and regulation.
(Code 1970, § 26-15)
Sec. 2-141. Records and reports.
The village shall keep such records and make
such reports as may be required by applicable
state or federal laws or regulations, and shall
adhere to the regulations of the state agency.
(Code 1970, § 26-16)
Sec. 2-142. Withholding and reporting
agent.
(a) The village treasurer is hereby designated
the custodian of all sums withheld from the
compensation of officers and employees and of
the appropriated funds for the contribution of
the village pursuant to this division.
(b) The village clerk is hereby made the with-
holding and reporting agent and charged with
the duty of maintaining personnel records for
the purpose of this division.
(Code 1970, § 26-17)
Sec. 2-143. Social Security Act adopted.
The village does hereby adopt the terms,
conditions, requirements, reservations, benefits,
privileges and other conditions thereunto
appertaining, of title II of the Social Security Act
as amended, for and on behalf of all officers and
employees of its departments and agencies to be
covered under the agreement.
(Code 1970, § 26-18)
Editor’s note—Title II of the Social Security Act is found
in the United States Code (and United States Code Annotated),
Title 42, §§ 401—425.
Secs. 2-144, 2-145. Reserved.
DIVISION 3. PENSION AND CERTAIN
OTHER BENEFITS FOR GENERAL
EMPLOYEES*
Sec. 2-146. Definitions.
As used herein, unless otherwise defined or
required by the context, the following words and
phrases shall have the meaning indicated:
Accrued benefit is the benefit earned to date
using the normal retirement benefit.
Actuarial equivalence or actuarially equivalent
means that any benefit payable under the terms
of this plan in a form other than the normal form
of benefit shall have the same actuarial present
value on the date payment commences as the
normal form of benefit. For purposes of establish-
ing the actuarial present value of any form of
payment, all future payments shall be discounted
for interest and mortality by eight (8) percent
*Editor’s note—Section 13 of Ord. No. 1-83, adopted
Jan. 13, 1983, repealed Ord. No. 10-82, adopted June 10,
1982, from which ordinance §§ 2-146—2-156 formerly derived.
At the discretion of the editor, §§ 1—11 of Ord. No. 1-83 have
been codified as herein set out in §§ 2-146—2-156. All funds
and assets from the former system, as set out by Ord. No.
10-82, are transferred to this system, as set out by Ord. No.
1-83, and all rights and benefits of members in that system
will be credited to and maintained by this fund.
§ 2-146ADMINISTRATION
145Supp. No. 75
interest and the 1983 group annuity mortality
table for males with ages set ahead five (5) years
in the case of disability retirees.
Agreement means the written ordinance from
which this division derived, setting forth the
provisions of the retirement system.
Assumed rate of return means the assumed
rate of return for calculation of annual pension
costs shall be eight (8) percent fixed.
Beneficiary means the person or persons
entitled to receive benefits hereunder and who
has or have been designated as such in writing
by the Member and filed with the board. If no
such designation is in effect at the time of death
of the Member, or if no such person so designated
is living at that time, the beneficiary shall be the
estate of the Member.
Board means the board of retirement, which
shall administer and manage the system herein
provided and serve as trustees of the fund.
Code means the Internal Revenue Code of
1986, as amended.
Credited service means the total number of
years and fractional parts of years of actual
service with the Village. This definition shall
also apply to an employee whose employment is
terminated with the Village and who recom-
mences full-time employment within two (2)
years from the date of termination. The years or
fractional parts of years that an Employee serves
in the military service of the Armed Forces of the
United States or the United States Merchant
Marine, voluntarily or involuntarily, upon being
granted leave by the Village and separation from
employment as a Village Fund Member, shall be
added to his/her years of credited service provided
that:
(1) The Member returns to his/her full time
employment with the Village within one
(1) year from the date of his/her military
discharge. Effective January 1, 2007,
Members who die or become disabled
while serving on active duty military
service which intervenes the Member's
employment shall be entitled to the rights
of this section even though such Member
was not re-employed by the Village.
Members who die or become disabled
while on active duty military service
shall be treated as though re-employed
the day before the Member became
disabled or died, was credited with the
service they would have been entitled to
under this section, and then either died a
non-duty death while employed or became
disabled from a non-duty disability.
(2) The General Employee deposits into the
Fund the same sum that the Member
would have contributed if he/she had
remained a General Employee in
accordance with Code Section 414(u) effec-
tive December 12, 1994.
(3) The maximum credit for military service
shall be five (5) years.
(4) Leave for such active duty military service
shall not be considered a break in service
provided a Member returns to employ-
ment as provided for in subsection (1).
Earnings means gross salary (including
overtime), but excluding bonuses or any other
nonregular payments such as unused sick leave
and vacation time pay. Effective for payments
made after December 31, 2008, as provided for
by Internal Revenue Code Section 414(u)(7), the
definition of salary shall include any differential
wage payment from the employer to a Member
as a result of the Member's absence from employ-
ment while serving in qualified military service.
Effective date means the date on which this
division becomes effective [January 13, 1983].
Plan year is from October 1 to September 30.
Employee shall mean any actively employed
full-time general employees of the Village, except
firefighters and police officers .
Final average earnings means one-sixtieth of
the earnings of a Member during the five (5)
years of his or her employment within the last
ten (10) years of employment, which is greater
than the total during any other five (5) years
during the ten-year period; provided that if a
Member shall have been employed for fewer
than five (5) years, such average shall be taken
over the period of his or her actual employment.
§ 2-146 NORTH PALM BEACH CODE
146Supp. No. 75
Fund means the trust fund established herein
as part of the system.
Member means an actively employed full-time
employee who fulfills the prescribed participa-
tion requirements and makes contributions if
required by subsection 2-150(b).
Plan means this Ordinance setting forth the
retirement benefits.
Spouse means the lawful wife or husband of a
Member at the time of preretirement death or
retirement.
System means the Village of North Palm
Beach general retirement fund as contained
herein and all amendments thereto.
Village means the Village of North Palm
Beach.
(Ord. No. 1-83, § 1, 1-13-83; Ord. No. 13-83, § 1,
9-8-83; Ord. No. 36-90, § 1, 10-25-90; Ord. No.
9-94, § 1, 6-9-94; Ord. No. 12-96, § 1, 3-28-96;
Ord. No. 25-2005, §§ 1, 2, 9-8-05; Ord. No.
27-2005, §§ 1, 2, 9-29-05; Ord. No. 2010-07, § 2,
5-27-10)
Cross reference—Definitions and rules of construction
generally, § 1-2.
Sec. 2-146.1. Creation of plan and trust.
There is hereby created a trust fund for the
General Employees of the Village of North Palm
Beach, Florida, to be known as the Village of
North Palm Beach General Retirement Fund.
All assets of every description held for the
benefit of the general employees retirement shall
continue to be held in this trust and shall be
administered as set forth in this Division 3 of
Chapter 2 of the Village of North Palm Beach
Code of Ordinances. This System is intended to
be a tax qualified plan under Code Section 401(a)
and the corresponding Treasury Regulations
applicable to meet the requirements of a
governmental plan as defined in Code Section
414(d). In recognition of the changing require-
ments of System qualifications, the Board shall
adopt an administrative policy setting forth the
required provisions for tax qualification. Such
policy shall be amended by the Board as required
to maintain continuing compliance with the
Internal Revenue Code and that policy and any
amendments thereto shall have the force of law
as if adopted by the Village Council.
(Ord. No. 2010-07, § 3, 5-27-10; Ord. No. 2020-
22, § 2, 12-10-20)
Sec. 2-147. Membership.
(a)Conditions of eligibility.All employees as
of the effective date and all future new employees
who choose to participate, except employees of
the fire department and police department who
are members of the Fire and Police Retirement
Fund, shall become Members of this system as a
condition of employment. Effective for employees
hired after October 1, 2006, employees may
choose to participate in this plan or the Village's
defined contribution plan. Employees have thirty
(30) days from date of hire to elect which plan to
join. Within thirty (30) days after the passage of
this ordinance allowing the change, employees
who elected to participate in the defined contribu-
tion plan will have a one time opportunity to
elect to change back to the defined benefit plan.
Members who elect to re-enroll in the defined
benefit plan shall be required to make contribu-
tions as required by the terms of the plan,
including contributions for the time the Member
participated in the defined contribution plan.
Members shall be
§ 2-147ADMINISTRATION
146.1Supp. No. 75
compensation includes those items
as set forth in Regulation 1.415-
2(d). This definition specifically
includes the crediting of compensa-
tion while absent from service for
military duty; such crediting shall
to exceed the compensation that
would have been credited under the
System if System services had
continued.
(2)Additional Limitation on Pension Benefits.
Notwithstanding anything herein to the
contrary:
a. The normal retirement benefit or
pension to a retiree who becomes a
Member of the Plan and who has
not previously participated in such
Plan, on or after January 1, 1980,
shall not exceed one hundred (100)
percent of his/her average final
compensation. However, nothing
contained in this section shall apply
to supplemental retirement benefits
or to pension increases attributable
to cost-of-living increases or adjust-
ments. In all events, distributions
shall be limited by the applicable
provisions of Code Section 415(b)
limits.
b. No Member of the Plan who is not
now a Member of such Plan shall be
allowed to receive a retirement
benefit or pension which is in part
or in whole based upon any service
with respect to which the Member
is already receiving, or will receive
in the future, a retirement benefit
or pension from another retirement
system or plan. This restriction does
not apply to social security benefits
or federal benefits under Chapter
67, Title 10, U.S. Code.
(g)Section 401(a)(17) Limitation on Compensa-
tion.For any person who first becomes a Member
in any plan year beginning on or after January 1,
1996, compensation for any plan year shall not
include any amounts in excess of the limitation
set forth in Code Section 401(a)(17) (as amended
by the Omnibus Budget Reconciliation Act of
1993), which limitation shall be adjusted as
required by federal law for qualified government
plans and shall be further adjusted for changes
in the cost of living in the manner provided by
Code Section 415(d).
(h)Distribution of Benefits.Notwithstanding
any other provision of this Plan to the contrary, a
form of retirement income payable from this
Plan after the effective date of this ordinance,
shall be made in accordance with the require-
ments of Code Section 401(a)(9), including the
minimum distribution incidental benefit require-
ments of section 1.401(a)(9)-2 Code Section
401(a)(9)(G) to satisfy the following conditions:
(1) If the retirement income is payable before
the Member's death:
a. It shall either be distributed or
commence to the Member not later
than April 1 of the calendar year
following the later of the calendar
year in which the Member attains
age seventy-two (72) provided the
Member had not attained age
seventy and one-half (70 ) by
December 31, 2019, or the calendar
year in which the Member retires,
b. The distribution shall commence to
them not later than the calendar
year defined above; and shall be
paid over the life of the Member or
over the lifetimes of the Member
and spouse, or dependent, or, shall
be paid over the period extending
not beyond the life expectancy of
the Member and spouse, or
dependent.
Where a form of retirement income pay-
ment has commenced in accordance with
the preceding paragraphs and the Member
dies before his/her entire interest in the
Plan has been distributed, the remaining
portion of such interest in the Plan shall
be distributed no less rapidly than under
the form of distribution in effect at the
time of the Member's death.
(2) If the Member's death occurs before the
distribution of his/her interest in the
§ 2-156ADMINISTRATION
152.2.1Supp. No. 75
Plan has commenced, the Member's entire
interest in the Plan shall be distributed
within five (5) years of the Member's
death, unless it is to be distributed in
accordance with the following rules:
a. The Member's remaining interest in
the Plan is payable to his/her spouse,
or dependent;
b. The remaining interest is to be
distributed over the life of the spouse,
or dependent or over a period not
extending beyond the life expectancy
of the spouse, or dependent; and
c. Such distribution begins within one
(1) year of the Member's death unless
the Member's spouse, or dependent
shall receive the remaining interest
in which case the distribution need
not begin before the date on which
the Member would have attained
age seventy-two (72) and if the
spouse, or dependent dies before the
distribution to the spouse, issue or
dependent begins, this Section shall
be applied as if the spouse, or
dependent were the Plan Member.
(Ord. No. 1-83, § 11, 1-13-83; Ord. No. 08-2005,
§ 1, 5-26-05; Ord. No. 2010-07, § 13, 5-27-10;
Ord. No. 2020-22, § 2, 12-10-20)
Sec. 2-157. Rollovers, direct transfers of
eligible rollover distribution.
(a)General.This section applies to distribu-
tions made on or after January 1, 1993.
Notwithstanding any provision of the system to
the contrary that would otherwise limit a dis-
tributee's election under this section, a distribu-
tee may elect, at the time and in the manner
prescribed by the Board, to have any portion of
an eligible rollover distribution paid directly to
an eligible retirement plan specified by the
distributee in a direct rollover.
(b)Definitions.
(1)Eligible rollover distribution:An eligible
rollover distribution is any distribution
of all or any portion of the balance to the
credit of the distributee, except that an
eligible rollover distribution does not
include: any distribution that is one of a
series of substantially equal periodic pay-
ments (not less frequently than annu-
ally) made for the life (or life expectancy)
of the distributee or the joint lives (or
joint life expectancies) of the distributee
and the distributee's designated
beneficiary or for a specified period of ten
(10) years or more; any distribution to
the extent such distribution is required
under section 401(a)(9) of the Code; and
the portion of any distribution that is not
includable in gross income.
(2)Eligible retirement plan:An eligible retire-
ment plan is an individual retirement
account described in section 408(a) of the
Code, an individual retirement annuity
described in section 408(b) of the Code,
an annuity plan described in section
403(a) of the Code, or a qualified trust
described in section 401(a) of the Code,
that accepts the distributee's eligible
rollover distribution. However, in the
case of an eligible rollover distribution to
the surviving spouse, an eligible retire-
ment plan is an individual retirement
account or individual retirement annu-
ity.
(3)Distributee:A distributee includes an
employee or former employee. In addi-
tion, the employee's or former employee's
surviving spouse is a distributee with
regard to the interest of the spouse.
(4)Direct rollover:A direct rollover is a
payment by the plan to the eligible retire-
ment plan specified by the distributee.
(c)Rollovers from qualified plans.
(1) A Member may roll over all or part of his
or her assets in another qualified plan to
this Plan for the purpose of purchasing
service provided all of the following
requirements are met:
a. Some or all of the amount distributed
from the other plan is rolled over to
this plan no later than the sixtieth
day after distribution was made from
the plan or, if distributions are made
§ 2-156 NORTH PALM BEACH CODE
152.2.2Supp. No. 75
in installments, no later than the
sixtieth day after the last distribu-
tion was made.
b. The amount rolled over to the Plan
does not include any amounts
contributed by the member to the
other plan on a post-tax basis.
c. The rollover is made in cash.
d. The Member certifies that the
distribution is eligible for a rollover.
e. Amounts which the Board accepts
as a rollover to this Fund shall,
along with any earnings allocated
to the Board, be fully vested at all
times.
(2) In addition, the Fund may accept the
direct transfer of a Member's benefits
from another qualified retirement plan
or Internal Revenue Code section 457
plan for purposes of purchasing service.
(d) [Mandatory distributions.] In the event of
a mandatory distribution greater than one
thousand dollars ($1,000.00) under this Plan, if
the participant does not elect to have such
distribu-
§ 2-157ADMINISTRATION
152.3Supp. No. 75
Chapter 6
BUILDINGS AND BUILDING REGULATIONS*
Article I. In General
Sec. 6-1. Construction on public land prohibited.
Sec. 6-2. Reserved.
Sec. 6-3. Reserved.
Sec. 6-4. Reserved.
Secs. 6-5—6-15. Reserved.
Article II. Minimum Construction Standards
Sec. 6-16. Authority.
Sec. 6-17. Codes adopted.
Sec. 6-18. Reserved.
Sec. 6-19. Violations; penalty.
Sec. 6-20. Reserved.
Sec. 6-21. Technical amendments to the Florida Building Code, Residential.
Secs. 6-22—6-29. Reserved.
Article III. Appearance Code
Division 1. Generally
Sec. 6-30. Short title.
Sec. 6-31. Definition.
Sec. 6-32. Intent and purposes.
Sec. 6-33. Appearance plan.
Sec. 6-34. Reserved.
Sec. 6-35. Appeals and review.
Sec. 6-36. Powers and duties of planning commission concerning the
appearance code.
Secs. 6-37—6-42. Reserved.
Division 2. Reserved
Secs. 6-43—6-55. Reserved.
Division 3. Site Plan and Appearance Review
Sec. 6-56. Application requirements.
Sec. 6-57. Site plan and appearance hearings.
Sec. 6-58. Action of planning commission.
Sec. 6-59. Approval by planning commission.
Sec. 6-60. Follow-up by community development department.
Secs. 6-61—6-71. Reserved.
Article IV. Abatement of Unsafe or Unsanitary Buildings
Sec. 6-72. Purpose and scope.
*Cross references—Construction requirements for waterway related structures, § 5-49 et seq.; enforcement of Ch. 6 by code
enforcement board, § 2-171 et seq.; bulkhead lines, Ch. 7; electricity, Ch. 11; fire prevention and protection, Ch. 12; flood damage
prevention, Ch. 12.5; housing, Ch. 15; permissible times for construction activity, § 19-111; planning and development, Ch. 21;
streets, sidewalks and public places, Ch. 24; swimming pools, Ch. 25; use of rights-of-way for utilities, Ch. 28; appearance plan,
App. A; subdivision regulations, App. B; zoning regulations, App. C.
381Supp. No. 75
Sec. 6-73. Unsafe or unsanitary buildings and structures.
Sec. 6-74. Enforcement and right of entry.
Sec. 6-75. Inspection.
Sec. 6-76. Violations.
Sec. 6-77. Service of notice of violation.
Sec. 6-78. Placard posting.
Sec. 6-79. Hearing.
Sec. 6-80. Implementation.
Sec. 6-81. Appeal.
Sec. 6-82. Performance of work.
Sec. 6-83. Recovery of costs.
Sec. 6-84. Imposition of lien.
Sec. 6-85. Authority to expend funds.
Sec. 6-86. Provisions supplemental.
Secs. 6-87—6-109. Reserved.
Article V. Signs and Outdoor Displays
Sec. 6-110. Purpose and scope of regulations.
Sec. 6-111. General provisions.
Sec. 6-112. Exempt signs.
Sec. 6-113. Prohibited signs.
Sec. 6-114. Permitted temporary signs.
Sec. 6-115. Permitted permanent accessory signs.
Sec. 6-116. Measurement determinations.
Sec. 6-117. Design, construction, and location standards.
Sec. 6-118. Severability.
Secs. 6-119—6-149. Reserved.
Article VI. Reserved
Article VII. Reserved
NORTH PALM BEACH CODE
382Supp. No. 75
ARTICLE I. IN GENERAL
Sec. 6-1. Construction on public land
prohibited.
It shall be unlawful for any person to erect or
maintain, or to permit the erection or maintenance
of any structure of any kind, including a wall
upon, across, over or under any portion of any
publicly dedicated utility or drainage easement
area in the village unless the person has received
the written approval of and/or executed encroach-
ment agreements with all easement holders and
received approval from the village. This prohibi-
tion does not apply to sidewalks or paths of any
kind that are lawfully placed under overhead
wires.
(Code 1970, § 6-1; Ord. No. 2020-06, § 2, 9-24-20)
Sec. 6-2. Reserved.
Editor’s note—Ord. No. 05-2002, § 3, adopted Feb. 28,
2002, repealed § 6-2, in its entirety. Former § 6-2 pertained to
accessibility to buildings by handicapped persons; state law
adopted which was incorporated by reference and derived
from the Code 1970.
Sec. 6-3. Reserved.
Editor’s note—Ord. No. 05-2002, § 4, adopted Feb. 28,
2002, repealed § 6-3, in its entirety. Former § 6-3 pertained to
fire district and derived from the Code 1970, § 16-23; and
Ord. No. 12-72, § 1.
Sec. 6-4. Reserved.
Editor’s note—Pursuant to advice of the city, and at the
editor's discretion, Ord. No. 2-83, adopted Feb. 10, 1983,
codified as Ch. 12.5 of this Code, has been treated as
superseding former § 6-4 relative to duties of the building
official concerning flood management building requirements.
Such section derived from Ord. No. 7-77, § 1, adopted April
28, 1977 and Ord. No. 19-78, § 1, adopted July 27, 1978.
Secs. 6-5—6-15. Reserved.
ARTICLE II. MINIMUM CONSTRUCTION
STANDARDS
Sec. 6-16. Authority.
This article is promulgated in accordance with
F.S. chapter 553.
(Ord. No. 4-90, § 1, 3-8-90; Ord. No. 05-2002, § 1,
2-28-02)
Editor’s note—The provisions of §§ 6-16 and 6-17 were
deleted as being superseded by the provisions of §§ 1, 2 of
Ord. No. 4-90, adopted Mar. 8, 1990, included herein as new
§§ 6-16 and 6-17. The deleted provisions pertained to the
adoption of the Standard Building Code, 1985 edition and the
county amendments, and derived from Code 1970, §§ 6-11
and 6-12, and the following ordinances:
Ord. No. Date Section
7-72 2
16-72 1
10-75 7-10-75 1, 2
9-78 5-25-78 1, 2
3-80 2-14-80 1
25-80 10- 9-80 1, 2
17-82 9-23-82 1
12-83 8-25-83 1, 2
16-86 11-13-86 1, 2
Sec. 6-17. Codes adopted.
The Florida Building Code, as developed by
the Florida Building Commission and adopted by
state statute, is hereby adopted and incorporated
herein as the minimum construction standards
for the Village of North Palm Beach, Florida.
The department of community development shall
be substituted for building department in the
adopted code.
(Ord. No. 4-90, § 2, 3-8-90; Ord. No. 14-92, § 2,
9-10-92; Ord. No. 15-96, § 2, 4-25-96; Ord. No.
7-99, § 1, 1-28-99; Ord. No. 05-2002, § 2, 2-28-02;
Ord. No. 13-2002, § 1, 5-9-02; Ord. No. 25-2003,
§ 1, 9-25-03; Ord. No. 2006-24, § 2.C.1, 11-9-06;
Ord. No. 2007-03, § 2, 2-8-07; Ord. No. 2012-02,
§ 2, 3-8-12)
Editor’s note—The various codes adopted above in
§ 6-17, and amendments thereto, are not set out at length in
this Code but are on file and available for inspection in the
offices of the city.
Note—See the editor's note following § 6-16.
Cross references—Florida Fire prevention code adopted,
§ 12-16; housing code adopted, § 15-1.
§ 6-17BUILDINGS AND BUILDING REGULATIONS
383Supp. No. 75
Sec. 6-18. Reserved.
Editor’s note—Ord. No. 2019-01, § 5, adopted March 14,
2019, repealed § 6-18 which pertained to construction board
of adjustment and appeals and derived from Ord. No.
2012-02, § 2, adopted March 8, 2012.
Sec. 6-19. Violations; penalty.
Any person, firm or corporation who shall
violate a provision of this article, or fail to
comply therewith, or with any of the require-
ments thereof, shall be guilty of a misdemeanor.
Each such person shall be deemed guilty of a
separate offense for each and every day or
portion thereof during which any violation of any
of the provisions of this article is committed or
continued and, upon conviction of any such
violation, such person shall be punished by a fine
of not less than fifty dollars ($50.00) nor more
than five hundred dollars ($500.00), or by
imprisonment not exceeding six (6) months, or
by both such fine and imprisonment.
(Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83, § 3,
8-25-83)
Editor’s note—Ordinance No. 25-80, § 3, adopted Oct. 9,
1980, was nonamendatory of the Code; hence, its inclusion as
§ 6-19 was at the editor's discretion.
Sec. 6-20. Reserved.
Editor’s note—Section 3 of Ord. No. 14-92, adopted
Sept. 10, 1992, repealed former § 6-20, relative to amend-
ments to the Standard Plumbing Code, which derived from
Ord. No. 20-91, § 1, adopted May 23, 1991.
Sec. 6-21. Technical amendments to the
Florida Building Code,
Residential.
R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard
areas not designated as Coastal A Zones
shall have the lowest floors elevated to or
above the base flood elevation plus 1 foot
or the design flood elevation, whichever
is higher.
2. Buildings and structures in flood hazard
areas designated as Coastal A Zones
shall have the lowest floors elevated to or
above the base flood elevation plus 1 foot
(305 mm), or to the design flood eleva-
tion, whichever is higher.
3. In areas of shallow flooding (AO Zones),
buildings and structures shall have the
lowest floor (including basement) elevated
at least as high above the highest adjacent
grade as the depth number specified in
feet on the FIRM plus 1 foot, or at least 3
feet if a depth number is not specified.
4. Basement floors that are below grade on
all sides shall be elevated to or above the
base flood elevation plus 1 foot or the
design flood elevation, whichever is higher.
Exception:Enclosed areas below the design
flood elevation, including basements whose floors
are not below grade on all sides, shall meet the
requirements of Section R322.2.2.
R322.3.2 Elevation requirements.
1. All buildings and structures erected within
coastalhigh-hazardareasshallbeelevated
so that the lowest portion of all structural
members supporting the lowest floor, with
the exception of piling, pile caps, columns,
grade beams and bracing, is elevated to
or above the base flood elevation plus 1
foot or the design flood elevation,
whichever is higher.
2. Basement floors that are below grade on
all sides are prohibited.
3. The use of fill for structural support is
prohibited.
4. Minor grading, and the placement of
minor quantities of fill, shall be permit-
ted for landscaping and for drainage
purposes under and around buildings
and for support of parking slabs, pool
decks, patios and walkways.
Exception:Walls and partitions enclosing areas
below the design flood elevation shall meet the
requirements of Sections R322.3.4 and R322.3.5.
(Ord. No. 2017-11, § 3, 8-24-17)
Secs. 6-22—6-29. Reserved.
§ 6-19 NORTH PALM BEACH CODE
384Supp. No. 75
ARTICLE III. APPEARANCE CODE*
DIVISION 1. GENERALLY
Sec. 6-30. Short title.
This article, including any regulation hereafter
adopted, shall hereafter be known, cited and
referred to as the "Appearance Code."
(Code 1970, § 6-21)
Sec. 6-31. Definition.
The term "external architectural feature"is
defined to mean the architectural style, color and
general arrangement of such portion of a build-
ing or structure, including signs and accessory
structures, as is designed to be open to view from
a public street, place or way, or from adjoining
premises.
(Code 1970, § 6-39; Ord. No. 4-71, § 1; Ord. No.
2-72, § 1; Ord. No. 2020-06, § 2, 9-24-20)
Cross reference—Rules of construction and definitions
generally, § 1-2.
Sec. 6-32. Intent and purposes.
This appearance code is adopted for the follow-
ing purposes:
(1) To promote the public health, safety,
morals, comfort and general welfare of
the citizens of the village.
(2) To enhance the values of property
throughout the village.
(3) To protect and to stabilize the general
appearance of public and private build-
ings, structures, landscaping, and open
areas, in the village.
(4) To ensure adequate light, air and privacy
for property in the village.
(5) To promote acceptability, attractiveness,
cohesiveness and compatibility of new
buildings, developments, remodeling and
additions so as to maintain and improve
the established standards for multiple-
dwelling, commercial, mixed-use, and
industrial buildings.
(Code 1970, § 6-22; Ord. No. 2020-06, § 2,
9-24-20)
Sec. 6-33. Appearance plan.
The village hereby adopts by reference thereto
the appearance plan attached as exhibit A to
Ordinance No. 3-72 of the village. The appear-
ance plan is set forth at length in Appendix A of
this Code. The appearance plan will be applied
through the site plan and appearance review
process described in this chapter.
(Code 1970, § 6-40; Ord. No. 3-72, § 1; Ord. No.
2020-06, § 2, 9-24-20)
Sec. 6-34. Reserved.
Editor’s note—Ordinance No. 4-79, § 1, adopted March
8, 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977,
to repeal §§ 6-29—6-32 of the 1970 Code, of which §§ 6-30,
6-32 were codified as § 6-34 of this Code. Former § 6-34
pertained to amendments of the appearance plan.
Sec. 6-35. Appeals and review.
The applicant or any interested party may file
an appeal to the village council on any final
ruling by the planning commission made pursu-
ant to this article. An appeal shall be on forms
provided by the village. The appeal shall be filed
or made within ten (10) days after the decision of
the planning commission. Appeals shall set forth
the alleged inconsistency or nonconformity with
procedures or criteria set forth in this article or
standards set forth in or pursuant to this article.
Appeals filed pursuant to this section shall be
based solely on the record of the proceedings
before the planning commission and the village
council shall not conduct a de novo review. The
village council shall decide an appeal within
forty-five (45) days of the filing of such appeal
unless an extension of time is consented to by the
applicant, and such filing shall suspend any
building permit issued pursuant to the ruling of
the planning commission until the village council
has decided the appeal. The village council may
*Editor’s note—Ordinance No. 6-77, § 5, enacted April
28, 1977, adopted §§ 6-30—6-36, 6-56—6-60, concerning the
appearance code, as part of the comprehensive plan for the
village. Ord. No. 4-79, adopted March 8, 1979, removed the
appearance code from the comprehensive plan.
Cross references—Planning and development, Ch. 21;
appearance plan, App. A.
§ 6-35BUILDINGS AND BUILDING REGULATIONS
385Supp. No. 75
review any decision of the planning commission
issued pursuant to this article and the council's
disposition of the matter shall be final.
(Code 1970, § 6-37; Ord. No. 6-77, § 5, 4-28-77;
Ord. No. 2020-06, § 2, 9-24-20)
Sec. 6-36. Powers and duties of planning
commission concerning the
appearance code.
The planning commission shall have the fol-
lowing powers and duties:
(1) To hold public hearings on and make
recommendations for amendments to the
appearance plan.
(2) To consult with and cooperate with other
committees and village departments, and
any other municipal or governmental
bodies, on matters affecting the appear-
ance of the village.
(3) To study exterior design drawings,
landscape and site plans and materials
for any proposed public buildings, public
works, or other public improvements and
to make recommendations to the council
or village manager as to the architectural
or aesthetic aspects thereof.
(4) To study and review preliminary and
final plats and make recommendations
to the village council.
(5) To hold site plan and appearance review
hearings, when required, and to issue or
deny site plan and appearance approval
for multiple-dwelling, commercial, mixed-
use, and industrial buildings pursuant to
the provisions of this division and the
appearance plan in Appendix A of this
Code.
(Code 1970, § 6-28; Ord. No. 6-77, § 5, 4-28-77;
Ord. No. 2020-06, § 2, 9-24-20)
Editor’s note—Section 6-48 has been redesignated as
§ 6-36 at the editor's discretion for purposes of classification.
Cross reference—Planning commission, § 21-11.
Secs. 6-37—6-42. Reserved.
DIVISION 2. RESERVED*
Secs. 6-43—6-55. Reserved.
DIVISION 3. SITE PLAN AND APPEARANCE
REVIEW†
Sec. 6-56. Application requirements.
Applications for site plan and/or appearance
review must include sufficient information to
demonstrate compliance with all village require-
ments. Plans must be professionally prepared
and drawn to scale with accurate dimensions,
and must include the following unless waived by
the community development director:
(1) The application must be signed by the
landowner or must include a statement
signed by an agent, under oath, indicat-
ing authorization by the owner(s) to secure
site plan and appearance approval.
(2) A boundary sketch including the total
area, dimensions, and legal description
for the property. The community develop-
ment director may require a survey if
deemed necessary to facilitate review of
the application.
(3) A site plan showing all proposed improve-
ments, including not limited to, existing
and proposed parking spaces, access aisles,
driveways, and access points to external
streets or adjoining properties. The plan
shall show the existing structures and all
proposed development, with sufficient
detail as to the size and appearance of all
structures and improvements to indicate
compliance with all village requirements
and regulations, including the appear-
*Editor’s note—Ordinance No. 6-77, § 5, adopted April
28, 1977, repealed 1970 Code §§ 6-23—6-27, which were Div.
2, §§ 6-43—6-47 of the 1978 Code, pertaining to the appear-
ance board. See also the editor's note for § 6-36.
†Editor’s note—Ord. No. 2020-06, § 2, adopted September
24, 2020, in effect, repealed art. III, div. 3, §§ 6-65—6-60 and
enacted a new div. 3 as set out herein. Former div. 3
pertained to certificate of appropriateness and derived from
§§ 6-33—6-36, 6-38 of the Code of 1970; Ord. No. 6-77, § 5,
adopted April 28, 1977; Ord. No. 19-77, § 1, adopted October
27, 1977; and Ord. No. 2012-02, § 3, adopted March 8, 2012.
§ 6-35 NORTH PALM BEACH CODE
386Supp. No. 75
ance plan. The plans shall also show all
structures within two hundred (200) feet
of the property.
(4) Conceptual civil plans showing proposed
changes affecting drainage and utilities.
Final civil plans shall be provided during
the permitting process.
(5) Elevations or renderings of proposed
structures and landscaping as required
by the community development depart-
ment.
(6) Landscape plans that comply with sec-
tion 45-86.
(7) Photometric plans as required by the
community development department.
(8) Written narrative explaining the proposed
development and its consistency with the
village appearance plan, village code,
and village comprehensive plan.
(9) Other relevant information as requested
by the community development depart-
ment.
(Ord. No. 2020-06, § 2, 9-24-20)
Sec. 6-57. Site plan and appearance hear-
ings.
Upon filing of a complete application for site
plan and appearance approval for a multifamily,
commercial, mixed-use, or industrial building or
structure, the community development depart-
ment shall schedule the application for a hearing
before the planning commission. The planning
commission shall establish regularly scheduled
meetings at which to review all site plan and
appearance applications. The community develop-
ment department shall notify each applicant of
the date and time of a hearing on the applica-
tion. If the application includes a request for a
special exception (section 45-16.2), variance (sec-
tion 45-50), or waiver (section 45-51), the hear-
ing shall be considered a formal public hearing
and notice shall be provided in accordance with
section 21-3. Upon such hearing, the planning
commission shall consider the application for
site plan and appearance approval and any
related requests for special exceptions, vari-
ances, or waivers and may review additional
evidence (such as the exterior renderings) from
the applicant or the applicant's agent or attorney.
The planning commission shall consider reports
and testimony from village staff, the applicant,
and other persons as to whether the site plan
and external architectural features of the proposed
building or structure comply with the appear-
ance plan and meet all applicable village land
development regulations.
(Ord. No. 2020-06, § 2, 9-24-20)
Sec. 6-58. Action of planning commission.
Upon consideration of an application, the plan-
ning commission shall issue site plan and appear-
ance approval upon a finding that the plan
conforms to the village appearance plan and
other applicable land development regulations.
This approval may contain special conditions in
response to unusual aspects of the application or
to ensure that the approval carries out village
policies and codes without undue permitting
delays. If the planning commission determines
that these criteria are not met, the planning
commission may provide such advice, counsel,
suggestions and recommendations as it may
deem necessary to guide the prospective applicant
in the development of a plan which would comply
with the requirements and purposes of the appear-
ance plan and other village land development
regulations.
(Ord. No. 2020-06, § 2, 9-24-20)
Sec. 6-59. Approval by planning commis-
sion.
No building or other permit otherwise required
under the ordinances of the village shall be
approved by the community development direc-
tor except upon the granting of site plan and
appearance approval by the planning commis-
sion, or on appeal, approval by the village council
(see section 6-35). The foregoing requirements
shall not preclude the issuance of permits without
such approval if the community development
director determine that any of the following
apply:
(1) The permits are for a single-family dwell-
ing and/or normal accessory buildings or
structures on the same lot; or
§ 6-59BUILDINGS AND BUILDING REGULATIONS
387Supp. No. 75
(2) The permits are for a village-owned facil-
ity; or
(3) No external architectural feature as
defined in section 6-31 is involved in the
work for which the permit is sought, and
the proposed work would be in full compli-
ance with all requirements of this Code;
or
(4) Any deviations from a valid site plan and
appearance approval are minor and not
substantial or had been authorized by
conditions placed on the site plan and
appearance approval. Unless authorized
by prior conditions, the following types of
deviations may never be considered minor
or not substantial: increasing residential
density;increasing the horizontal or verti-
cal size of a building; and/or adding land
uses that had previously been excluded.
The director must document any such
determination with an explanation of
why is was deemed minor or had been
authorized. The director must forward
this determination to the planning com-
mission, and also to the village council if
the site plan and appearance approval
had been appealed to or considered by
the village council.
(Ord. No. 2020-06, § 2, 9-24-20)
Sec. 6-60. Follow-up by community
development department.
Upon the granting of site plan and appearance
approval, the community development director
will retain the exterior drawings, sketches,
landscape and site plans, renderings and materi-
als upon which such approval was granted to
determine, from time to time as the project is in
progress and finally upon its completion, that
there have been no unauthorized deviations
from the evidence upon which the granting of the
approval was originally based. The community
development department shall not issue a
certificateofoccupancyorfinalinspectionapproval
for any building or structure where there have
been any unauthorized deviations from the site
plan and appearance approval.
(Ord. No. 2020-06, § 2, 9-24-20)
Secs. 6-61—6-71. Reserved.
ARTICLE IV. ABATEMENT OF UNSAFE
OR UNSANITARY BUILDINGS*
Sec. 6-72. Purpose and scope.
(a) The purpose of this article is to protect the
public health, safety and welfare by ensuring
that all buildings and structures within the
village are in a safe, sanitary and habitable
condition and are free from fire and other hazards
incidental to their use and occupancy.
(b) The provisions of this article shall apply to
all unsafe or unsanitary buildings and structures,
as herein defined, and shall apply equally to new
and existing conditions.
(Ord. No. 2014-13, § 2, 12-11-14)
Sec. 6-73. Unsafe or unsanitary buildings
and structures.
An unsafe or unsanitary building or structure
means any building, structure or property that
endangers the life, health, property or safety of
individuals or the general public and has any of
the following conditions.
(1) The building or structure is abandoned
and open at the windows or doors so as to
allow vagrants or other unauthorized
persons to enter the building and
structure, thereby creating a nuisance
for those residing within its vicinity.
*Editor’s note—Ord. No. 2014-13, § 2, adopted December
11, 2014, set out provisions for use herein as art. IV,
§§ 6-72—6-86. Prior to the adoption of those provisions art.
IV was repealed by Ord. No. 4-90, § 3, adopted March 8,
1990, which pertained to contractors and was derived from
Code 1970, §§ 10-1—10-11, and Ord. No. 19-82, §§ 1—6,
adopted October 14, 1982.
§ 6-59 NORTH PALM BEACH CODE
388Supp. No. 75
Single Violation of: Maximum Fines
(i) Subsection (j) hereof. $350.00
(j) Subsection (k),
hereof. $500.00
(k) Subsections (m)(1)—
(5), hereof. $250.00
(l) Subsection (m)(6)
hereof. $500.00
(m) Subsection (n)
hereof. $250.00
(n) Subsection (o) hereof. $250.00
(o) Subsection(p)hereof. $250.00
(p) Subsection (q) hereof. $250.00
(q) Subsection (s) hereof. $250.00
(1) Prior to assessing a fine, the village
manager or designee shall consider any
justification or mitigating factor advanced
in franchisee's written response, includ-
ing, but not limited to rebates or credits
to the subscriber, a cure or commence-
ment of a cure of the violation, and the
payment of any penalty to Palm Beach
County for the same violation. The vil-
lage manager or designee may, after
consideration of the response of the
franchisee, waive or reduce any proposed
fine.
(2) Subsequent to the notice of proposed fine
to franchisee and consideration of the
franchisee's response, if any, and after
following the procedures set forth in this
section, the village may issue an assess-
ment of fine. Any fine will commence as
of the date of the written notice specify-
ing the violation at issue. The fine shall
be paid within thirty (30) days of written
notice of assessment to the franchisee.
The village may enforce payment of the
refund or fine in any court having jurisdic-
tion or if franchisee challenges the assess-
ment in a court of competent jurisdiction,
within thirty (30) days of a final non-
appealable decision that the assessment
is valid. This fine shall constitute
liquidated damages to the village for the
violation and the village may enforce
payment of the fine in any court having
jurisdiction. It is the intent of the village
to determine fines as a reasonable
estimate of the damages suffered by the
village and/or its subscribers, whether
actual or potential, and may include
without limitation, increased costs of
administration, enforcement and other
damages difficult to measure.
(3) Any person who intentionally files a false
complaint against a franchisee shall be
subject to a fine, payable to the village, in
the amount of fifty dollars ($50.00) for
the first violation and one hundred dol-
lars ($100.00) for each subsequent viola-
tion.
(4) Intentional misrepresentation by a
franchisee in any response to a notice of
proposed refund and/or fine shall be
grounds for revocation of the franchise.
(5) In addition tocomplying with thecustomer
service standards set forth in this section
or in any franchise issued pursuant to
this section, a franchisee shall comply
with all customer service standards
applicable to cable systems of the FCC
and any other applicable law governing
the operations of the cable system within
the village. If during the term of any
franchise granted pursuant to this sec-
tion, the FCC modifies the customer
service standards applicable to franchisee,
the village may modify this section to
reflect any such new customer service
standards.
(u) The village expressly reserves the right to
consider violations of the customer service require-
ments in evaluating any renewal, modification
or transfers of any franchise agreement.
(v) The village and franchisee recognize that
the customer service standards set forth in this
section reflect the current operating procedures
of franchisee. If franchisee's current operating
procedures change during the term of any
franchise granted pursuant to this section, the
village agrees to meet with franchisee to discuss
appropriate modifications to such standards and
to consider such reasonable modifications to the
standards set forth herein as requested by a
franchisee to reflect any such new operating
§ 17-2LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
1055Supp. No. 75
procedures. Upon request of the franchisee, the
village shall also discuss with franchisee the
need to continue such regulation in light of the
competition that franchisee may face in the
provision of cable services to subscribers and to
consider such reasonable modifications to the
customer service standards set forth herein in
light of the competitive environment.
Notwithstanding anything to the contrary,
franchisee shall be obligated to comply with this
section unless modifications are agreed upon by
the village and franchisee in writing.
(w) Subscriber privacy.
(1) A franchisee shall at all times protect the
privacy of all subscribers to the full
extent required by Section 631 of the
Communications Act, 47 U.S.C. § 551
and state law.
(2) Unless otherwise permitted by federal or
state law, neither the franchisee nor its
agents or employees shall, without the
prior and specific written authorization
of the subscriber involved, sell, or
otherwise make available for commercial
purposes the names, addresses or
telephone numbers of any subscriber or
subscribers, or any information which
identifies the individual viewing habits
of any subscriber or subscribers.
(Ord. No. 24-2005, § 1, 9-22-05)
Sec. 17-3. Home occupations.
(a)Home occupations as permitted uses.Home
occupations shall be permitted uses within R-1
Single-family Dwelling District, R-2 Multiple-
family Dwelling District, R-3 Apartment Dwell-
ing District, C-MU and C-3 mixed-use districts,
and mixed-use Residential/Commercial PUDs.
(b)Definition.Home occupation is defined to
mean any activity for which a business tax
receipt of the Village of North Palm Beach is
required by law, which is conducted within a
dwelling unit in a residential district.
(c)Business tax receipt required.It shall be a
violation for any person to conduct a home
occupation without first obtaining a business tax
receipt therefor issued by the village. The com-
munity development department may impose
reasonable conditions upon a business tax receipt
issued for a home occupation for the purpose of
insuring compliance with the standards set forth
in subsection (d).
(d)Standards.Prior to the issuance of a
business tax receipt and as continuing operational
standards, home occupations shall comply with
the following:
(1) No person shall be employed in a home
occupation who is not a permanent
domiciliary resident of the dwelling unit
in which the home occupation exists.
(2) The floor area within a dwelling unit
devoted to a home occupation shall not
exceed twenty-five (25) percent of the
gross floor area of the dwelling unit
excluding porches, garages, carports and
other areas which are not considered
living area.
(3) The activities of a home occupation shall
occur entirely within the dwelling unit,
excluding accessory structures such as
garages, carports and sheds.
(4) There shall be no external evidence of
the existence of a home occupation within
a dwelling unit. Signs, displays, off street
parking areas other than driveways
normally required for residential use, or
other advertising of any kind are
prohibited.
(5) No tangible goods or services of any kind
shall be sold or transferred to a customer,
consumer or client on the premises of a
home occupation, excluding facsimile
machine, telephone and /or postal transac-
tions.
(6) A home occupation shall not create noise,
vibration, glare, fumes, odors, dust, smoke
or electromagnetic disturbances No equip-
ment or processes shall be used which
create visual or audible interference in
any radio or television receiver located
nearby. No chemicals or chemical equip-
ment shall be used, except those that are
used for domestic or household purposes.
No motor or engine power, other than
§ 17-2 NORTH PALM BEACH CODE
1056Supp. No. 75
electrically operated motors, shall be used
in conjunction with such home occupa-
tion and the total horsepower of such
permitted electrical motors shall not
exceed three (3) horsepower, or one
horsepower for any single motor.
(7) Vehicular and pedestrian traffic shall not
be generated by a home occupation in a
greater volume or a different vehicle type
than the traffic typical in a residential
neighborhood in the village.
(8) Deliveries of any kind required by and
made to the premises of a home occupa-
tion shall not exceed one business delivery
per day.
(9) The giving of art, music or other instruc-
tions or lessons shall be limited to not
more than two (2) persons at any one
time.
(10) Outdoor storage or any materials shall
not be permitted.
(11) The use of the premises for the home
occupation shall be clearly incidental and
subordinate to its use for residential
purposes by its occupants, and shall,
under no circumstances, change the
residential character thereof.
(e)Affidavit of applicant required.An applicant
for a business tax receipt for a home occupation
shall at the time of application file an affidavit
wherein the applicant:
(1) Agrees to comply with the standards set
forth in this section;
(2) Agrees to comply with the conditions
imposed by the department to insure
compliance with such standards;
(3) Acknowledges that a departure therefrom
may result in a suspension or termina-
tion of the business tax receipt; and
(4) Acknowledges that the village shall have
the right to reasonably inspect the
premises upon which the home occupa-
tion is conducted to insure compliance
with the foregoing standards and condi-
tions, and to investigate complaints, if,
any, from neighbors.
(f)Violation of standards or conditions deemed
a Code violation.Failure by a home occupation
licensee to comply with the standards of this
section and with the conditions imposed by the
department shall be deemed a violation of this
Code.
(g)Appeals.An applicant for a business tax
receipt whose application is denied for failure to
meet the standards set forth in this section or
who objects to any conditions imposed by the
department may appeal the reasonableness of
either to the zoning board of adjustment which
may direct that the receipt be issued with or
without conditions or may modify, add to or
delete the imposed conditions.
(h)Repeal of ordinances.All ordinances or
parts of ordinances in conflict herewith are
hereby repealed.
(i)Effective date.This section [Ordinance No.
2-95] shall be effective upon the date of passage.
(Ord. No. 2-95, §§ 1—9, 1-26-95;Ord. No. 24-2005,
§ 2, 9-22-05; Ord. No. 2006-28, § 5, 12-14-06;
Ord. No. 2020-06, § 3, 9-24-20)
Editor’s note—Ord. No. 2-95, adopted Jan. 26, 1995,
has been codified herein at the discretion of the editor as
§ 17-2.
Cross reference—Zoning, App. C.
Secs. 17-4—17-15. Reserved.
ARTICLE II. LOCAL BUSINESS TAX*
Sec. 17-16. Business tax imposed; basis of
one year.
A tax is hereby imposed by the village upon
each and every business, profession and occupa-
tion having a business location or branch office
within the village, in the respective amounts set
forth in section 17-33 of this Code. Each busi-
ness, profession or occupation paying such tax
shall be issued a business tax receipt. In addi-
tion, each and every such business, profession
*Editor’s note—Ord. No. 2006-28, § 6, adopted Dec. 14,
2006, amended the Code by changing the title of Art. II from
"Occupational Licenses"to "Local Business Tax".
State law references—Municipal home rule powers,
F.S. § 166.021; local occupational license tax act, F.S. Ch.
205.
§ 17-16LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
1057Supp. No. 75
and occupation which directly engages in
interstate commerce, or which competes with
any business, profession or occupation engaged
in interstate commerce shall be receipted pursu-
ant to this Code in the respective amounts set
forth in section 17-33. Unless otherwise stated,
the amount of such tax specified shall be on the
basis of one (1) year.
(Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28,
§ 6, 12-14-06)
Sec. 17-17. Registration required.
Any person who engages in any business,
occupation or profession within the village not
required to be receipted hereunder shall be
certified with the business tax officer by execut-
ing an information form provided by the Village.
The purpose of such certification is to provide
the village with information concerning those
who are doing business within the village and,
where appropriate, to assure the village that
such persons are receipted countywide by the
county. The fee for this certification shall be two
dollars ($2.00). Anyone violating this provision
by failing to register the required information
with the business tax office shall be deemed
guilty of a misdemeanor of the second degree.
(Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28,
§ 6, 12-14-06)
Sec. 17-18. Application for business tax
receipt.
Before the village shall be required to issue a
business tax receipt for engaging in or carrying
on any of the businesses, professions or occupa-
tions specified and set forth herein, it shall be
the duty of the applicant to file an application
with the business tax officer, such applicant to be
in the form required by the village and such
applicant shall be required to furnish to the
village such other information not contained in
the application as the village manager may
require.
(Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28,
§ 6, 12-14-06)
Sec. 17-19. Issuance of receipt; duration;
half-year receipt; when due
and payable.
All business tax receipts shall expire on the
thirtieth day of September of each year. No
receipt shall be issued for more than one (1) year.
For each receipt obtained between September 1
and March 31, the full tax for one (1) year shall
be paid except as hereinafter provided. For each
receipt obtained between April 1 and September
1, one-half of the full tax for one (1) year shall be
paid except as otherwise provided. A half-year
receipt issued pursuant to the provisions of this
article, however, shall be granted only as an
initial receipt. Subsequent receipts must be issued
on a full-year basis regardless of the date of
application, except where a period of at least five
(5) subsequent consecutive years without a receipt
has elapsed in which case the characteristics of
an initial receipt will apply provided all other
provisions of this article are fully satisfied. Upon
payment of such tax, the receipt shall expire at
the end of the period for which such receipt is
issued as hereinabove specified.
(Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28,
§ 6, 12-14-06)
Sec. 17-20. Business tax receipt renewal;
delinquency penalty.
All business tax receipts issued hereunder
may be renewed without penalty no later than
September 30 by application of the receipt holder.
Receipts not renewed by October 1 shall be
considered delinquent and subject to a delinquency
penalty of ten (10) percent of the full year
business tax for the month of October, plus an
additional five-percent penalty for each month of
delinquency thereafter until paid. The total
delinquency penalty shall never exceed twenty-
five (25) percent of the full year business tax for
that applicant, in addition to the business tax set
forth herein.
(Ord. No. 7-81, § 1, 7-23-81; Ord. No. 2006-28,
§ 6, 12-14-06)
State law reference—Delinquency penalties, F.S.
§ 205.053.
Sec. 17-21. How tax construed as to speci-
fied professions.
The tax provided in section 17-33 for architects,
auctioneers, auditors or accountants, dentists,
draftsmen, civil engineers, lawyers, osteopaths,
chiropractors, chiropodists, phrenologists, physi-
cians or surgeons, real estate salesmen, or other
§ 17-16 NORTH PALM BEACH CODE
1058Supp. No. 75
similar professions, shall be construed to mean
that each individual shall pay the tax herein
provided, whether practicing by himself or in
partnership or employed by another.
(Ord. No. 7-81, § 1, 7-23-81)
Sec. 17-22. Special permit for nonprofit
enterprise.
The business tax officer shall issue special
permits, without payment of any business tax
§ 17-22LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
1058.1Supp. No. 75
Sec. 19-66. Window peeping.
No person shall look, peer or peep into, or be
found loitering around or within view of, any
window not on his own property with intent of
watching or looking through such window where
persons lawfully present on such property would
have a reasonable expectation of privacy.
(Code 1970, § 24-77)
Secs. 19-67—19-81. Reserved.
ARTICLE V. OFFENSES AGAINST
PUBLIC PEACE*
Sec. 19-82. Stench bombs.
(a)Throwing or depositing.No person shall
throw, drop, pour, deposit or discharge, upon the
person or property of another any liquid, gaseous
or solid substance which is injurious to person or
property, or which is nauseous, sickening, irritat-
ing or offensive to any of the senses with the
intent to wrongfully injure, molest, discomfort,
discommode or coerce another in the use, manage-
ment, conduct or control of his person or property.
No person shall attempt or aid in the attempt or
commission of any of these prohibited acts.
(b)Possession prohibited.No person shall
manufacture or prepare or have in his possession
or under his control, any liquid, gaseous or solid
substance or matter of any kind which is injuri-
ous to person or property, or which is nauseous,
sickening, irritating or offensive to any of the
senses, with the intent to use the same in
violation of paragraph (a) of this section or with
intent that the same shall be used in violation of
such paragraph. The possession or control by
any person of any such liquid, gaseous or solid
substance or matter shall be deemed prima facie
evidence of intent to use the same or cause the
same to be used in violation of such paragraph.
(c)Excepted uses.The prohibitions of
paragraphs (a) and (b) of this section shall not
apply to police officers acting in line of duty or to
proprietors of business places or their employees
using such substances for the protection of their
property and their business places when the
substances referred to herein are kept solely for
the purpose of repelling robbers, thieves, murder-
ers or other law violators.
(Code 1970, § 24-65)
Sec. 19-83. Throwing missiles.
No person shall throw any stone or any other
missile upon or at any vehicle, building, tree or
other public or private property, or upon or at
any person in any public or private way or place
or enclosed or unenclosed ground.
(Code 1970, § 24-66)
Secs. 19-84—19-98. Reserved.
ARTICLE VI. NOISE CONTROL†
Sec. 19-99. Definitions.
For the purposes of this article, whenever any
of the following words, terms or definitions are
used herein they shall have the meanings ascribed
to them in this section except where the context
requires otherwise:
Decibel means a measure of a unit of sound
pressure. Sound waves having the same decibel
level "sound"louder or softer to the human ear
depending upon the frequency of the sound wave
in cycles per second (i.e., whether the pitch of the
sound is high or low). Thus, an A-weighted filter
constructed in accordance with the specifications
of the American National Standards Institute
("ANSI"), which automatically takes account of
the varying effect on the human ear of different
pitches, shall be used on any sound level measure-
ments required by this article and all measure-
ments are expressed in dBA to reflect the use of
this filter.
Emergency and emergency work mean any
occurrence or set of circumstances involving or
*Cross reference—Noise control, § 19-99 et seq.
†Editor’s note—Ord. No. 2013-04, § 2, adopted April 25,
2013, repealed the former Art. VI, §§ 19-99—19-120, and
enacted a new Art. VI as set out herein. The former Art. VI
pertained to noise control and derived from the Code of 1970,
§§ 22-1—22-20, §§ 22-22, 22-23; Ord. No. 5-75, § 1, 6-12-75;
Ord. No. 17-76, §§ 1, 2, 9-23-76; Ord. No. 34-2000, §§ 1—5,
11-9-00; Ord. No. 12-2005, § 1, 7-14-05; Ord. No. 2006-24,
§ 2.G.1—2.G.3, 11-9-06; Ord. No. 2011-21, § 16, adopted
11-10-11.
§ 19-99OFFENSES AND MISCELLANEOUS PROVISIONS
1231Supp. No. 75
creating actual or imminent physical trauma or
property damage which demands immediate
attention, including without limitation genera-
tors or other equipment used by communications
companies and utility companies in connection
with restoration of service operations. Where the
emergency is an out of service or imminent out of
service condition of utilities, communications or
other essential services, then the company provid-
ing such essential services may respond to such
emergency in a timely manner and shall make
such application to the village manager at the
earliest time thereafter.
Plainly audible sound means any sound for
which any of the content of that sound, such as,
but not limited to, comprehensible musical
rhythms, is communicated to a person using his
or her unaided hearing faculties. For the purposes
of the enforcement of this article, the detection of
any component of sound, including, but not
limited to, the rhythmic bass, by a person using
his or her normal, unaided hearing faculties is
sufficient to verify plainly audible sound. It is
not necessary for such person to determine the
title, specific words or artist of music, or the
content of any speech.
Property boundary means the imaginary line
which separates the real property owned, rented
or leased by one person or entity from that
owned, rented, or leased by another person or
entity.
Unreasonable noise means any noise in or
emanating from any property located within the
corporate limits of village which violates the
provisions of this article.
(a) For noise emanating from property with
a commercial, mixed-use, or light
industrial zoning designation, unreason-
able noise shall be defined as any noise
emanating from the property which equals
or excess a measured sound level of
sixty-five (65) dBA between the hours of
10:00 p.m. and 8:00 a.m. Sunday through
Thursday, a measured sound level in
excess of eighty-five (85) dBA between
the hours of 8:00 a.m. and 10:00 p.m.
Sunday through Thursday; and a
measured sound level which equals or
exceeds sixty-five (65) dBA between the
hours of 11:00 p.m. and 8:00 a.m. Friday
through Saturday and a measured sound
level meeting or exceeding eighty-five
(85) dBA between the hours of 8:00 a.m.
and 11:00 p.m. Friday through Saturday.
(b) For noise emanating from property with
acommercial,mixed-useorlightindustrial
zoning designation which shares any por-
tion of its boundary with a property with
a residential zoning designation,
unreasonable noise shall be defined as
any noise emanating from the property
which equals or exceeds a measured sound
level of sixty (60) dBA between the hours
of 10:00 p.m. and 8:00 a.m. Sunday
through Thursday, a measured sound
level in excess of seventy (70) dBA between
the hours of 8:00 a.m. and 10:00 p.m.
Sunday through Thursday; and a
measured sound level which equals or
exceeds sixty (60) dBA between the hours
of 11:00 p.m. and 8:00 a.m. Friday through
Saturday and a measured sound level
meeting or exceeding seventy (70) dBA
between the hours of 8:00 a.m. and 11:00
p.m. Friday through Saturday.
(c) For noise emanating from property with
a residential zoning designation,
unreasonable noise shall be defined as
noise that is plainly audible one hundred
fifty (150) feet from the property bound-
ary of the source of the sound or noise,
measured on a horizontal plane.
Notwithstanding the foregoing, noise shall
be considered unreasonable when it is
plainly audible through the external walls
and fully closed windows and doors of a
residential structure or through walls,
floors or partitions common to two (2)
residential units located within a single
structure.
(d) Noise shall be measured from the property
boundary closest to the source of noise
with a sixty (60) second reading. Where
the property boundary abuts a waterway,
the property boundary shall be considered
the opposite side of the waterway and not
the actual seawall or bulkhead.
§ 19-99 NORTH PALM BEACH CODE
1232Supp. No. 75
Vessel shall have the same meaning as set
forth in Section 327.02, Florida Statutes, as may
be amended from time to time.
(Ord. No. 2013-04, § 2, 4-25-13; Ord. No. 2015-
22, § 2, 12-10-15; Ord. No. 2020-06, § 4, 9-24-20)
Sec. 19-100. Prohibition against unreason-
able noise.
No person shall make, continue to make or
cause to be made any unreasonable noise.
(Ord. No. 2013-04, § 2, 4-25-13)
Sec. 19-101. Exemptions.
The provisions of the noise control ordinance
shall not apply to:
(1) The use of amplified sound on the grounds
of a school, church or other house of
worship during sanctioned activities;
(2) The operation of buses, trains (excluding
trains operating in legally designated
quiet zones), ships, airplanes, helicopters
and trucks in good repair;
(3) Activities in the fields, grounds or facili-
ties of any sporting arena, stadium, or
sports complex to which the public or
community has access;
(4) Road festivals, parades, fireworks displays
and special events for which, where
applicable, an appropriate permit has
been obtained from the village in compli-
ance with any conditions imposed by that
permit and within the permitted area
and any privately owned property located
contiguous with any public right-of-way
that is closed pursuant to a parade, road
festival, or special event permit;
(5) Noise which results from the reasonable
routine maintenance of commercial and
governmental property including, but not
limited to, lawn mowers, chippers, clip-
pers, and tractors.
(6) Church bells and chimes;
(7) The emission of sound for the purpose of
alerting the public of an emergency or
the performance of emergency work;
(8) The reasonable and intermittent barking
of dogs and sounds made by other animals
as governed by section 4-12 of the Code;
(9) The sounds made by children and adults
on school and athletic grounds during
school curricular and extra-curricular
activities; and
(10) Festivals or events occurring in public
parks which are permitted or approved
by the village.
(Ord. No. 2013-04, § 2, 4-25-13)
Sec. 19-102. Prohibition against speakers
in rights-of-way and air
space.
It shall be unlawful for any person to place,
locate or permit the placement of speakers or
sound systems within public rights-of-way, includ-
ing the air space above such public rights-of-way,
except when properly permitted by the village.
(Ord. No. 2013-04, § 2, 4-25-13)
Sec. 19-103. Operation of radios or other
mechanical sound-making
devices or instruments in ves-
sels.
It shall be unlawful for any person operating
or occupying a vessel within the village to oper-
ate or amplify the sound produced by a radio or
other mechanical sound-making device or instru-
ment from within the vessel so that the sound is
plainly audible at a distance of fifty (50) feet or
more from the vessel.
(Ord. No. 2013-04, § 2, 4-25-13)
Sec. 19-104. Enforcement.
Whenever a law enforcement officer is notified
of or observes a violation of the ordinance from
which this section derives, the officer shall issue
a warning in writing to the individual, or individu-
als, responsible for the violation. The warning
shall state the dBA reading obtained by the
officer during measurement and the maximum
dBA level established by this article, if applicable.
The warning shall also inform the individual, or
individuals, that the generated sound level on
the property must be reduced within five (5)
minutes. Thereafter, each re-measurement which
§ 19-104OFFENSES AND MISCELLANEOUS PROVISIONS
1233Supp. No. 75
exceeds the maximum permissible sound levels
established by this article or each subsequent
determination that the noise violates the provi-
sions of this article shall constitute a separate
violation. If there are no subsequent noise viola-
tions for a period one hundred and eighty (180)
days, the warning recipient shall be served with
a warning for their next recorded offense. Fol-
lowing the issuance of a warning when the
second offense occurs within the same one hundred
and eighty (180) day time period the fine shall be
two hundred fifty dollars ($250.00). A third
offense within the same one hundred and eighty
(180) day time period shall have a fine of three
hundred dollars ($300.00). The fourth offense
within the same one hundred and eighty (180)
day time period shall constitute a criminal offense,
subject to penalties set out in section 1-8 of this
Code of Ordinances.
(Ord. No. 2013-04, § 2, 4-25-13)
Editor’s note—Ord. No. 2013-04, § 2, adopted Apr. 25,
2013, enacted provisions intended for codification as § 19-
103, enforcement. To avoid duplicate section numbering, said
provisions have been redesignated as § 19-104. Subsequent
§§ 19-104 and 19-105 have been redesignated as § 19-105 and
§ 19-106.
Sec. 19-105. Permissible time for construc-
tion activity.
(a) It shall be unlawful for any person to do,
perform or engage in any construction work,
building, excavating, hoisting, grading, pile driv-
ing, pneumatic hammering, demolition, dredg-
ing, building alteration or repair work of any
nature to any building or structure or upon any
site for same, in the village between the hours of
8:00 p.m. of one day and 8:00 a.m. of the next
day if any such activity shall cause unreasonable
noise as defined in section 19-99 above. No
construction activity shall be permitted on
Sundays or legal holidays. Any person desiring
to engage in the aforesaid activity beyond the
stated hours of limitation, based upon cases of
emergency or upon the interests of public health,
safety and ultimate convenience, may apply to
the village manager or his representative for a
special permit. Such permits, if granted, shall be
limited to a certain period, but may be renewed
for additional periods if the emergency or need
therefor continues. In the issuance of such permits
the village manager or his designated representa-
tive shall weigh all facts and circumstances and
shall determine whether the reasons given for
the urgent necessity are valid and reasonable,
whether the public health, safety and ultimate
convenience will be protected or better served by
granting the permit requested, and whether the
manner and amount of loss or inconvenience to
the party in interest imposes a significant hard-
ship. Upon an affirmative finding of the forego-
ing considerations, the village manager or his
designee is authorized to issue the permit
requested and any extensions thereof, as may be
required. Any person aggrieved by the decision
of the village manager or his designated
representative may appeal the decision of the
village manager to the village council.
(b) It shall be unlawful for any person to
cause or permit the use of any power-driven
machinery, tools or equipment, including power
mowers, in any portion of the village zoned and
designated as a residential district other than
between the hours of 8:00 a.m. and 8:00 p.m. on
weekdays and Saturdays and between the hours
of 10:00 a.m. and 8:00 p.m. on Sundays.
(Ord. No. 2013-04, § 2, 4-25-13)
Note—See editor's note at § 19-104.
Sec. 19-106. Dissemination of information.
The village shall provide a copy of the noise
ordinance to any individual or entity registering
to perform work within the village or applying
for a business tax receipt to conduct or operate a
business within the village.
(Ord. No. 2013-04, § 2, 4-25-13)
Note—See editor's note at § 19-104.
Secs. 19-107—19-144. Reserved.
ARTICLE VII. RESERVED
Secs. 19-145—19-182. Reserved.
ARTICLE VIII. WEAPONS
Sec. 19-183. Possession.
Except within his own domicile, no person
shall have in his possession, or carry or use, any
§ 19-104 NORTH PALM BEACH CODE
1234Supp. No. 75
air gun, BB gun or spring gun or any instrument,
toy or weapon commonly known as a "peashooter,"
"slingshot"or whatsoever, whether such instru-
ment is called by any name set forth above or by
any other name.
(Code 1970, § 24-72; Ord. No. 20-88, § 1, 8-11-88;
Ord. No. 2011-18, § 3, 9-22-11)
Sec. 19-184. Carrying concealed weapons.
(a) No person shall wear under his clothes, or
conceal about his person, or display in a threaten-
ing manner, any dangerous or deadly weapon
including, but not by way of limitations, any
slingshot, cross-knuckles, or knuckles of lead,
brass or other metal, or any bowie knife, or any
knife resembling a bowie knife, or any knife with
a switchblade or device whereby the blade or
blades can be opened by a flick of a button,
pressure on the handle, or other mechanical
contrivance.
(b) This section shall not be construed to
forbid United States marshals, sheriffs, constables
and their deputies, and any regular, special or ex
officio police officer, or any other law enforce-
ment officer from carrying or wearing, while on
duty, such weapons as shall be necessary in the
proper discharge of their duties.
(Code 1970, § 24-73)
Sec. 19-185. Sales restricted.
(a)Sale of switchblade knives prohibited.No
person shall sell, offer for sale, or display any
knife or knives having the appearance of a
pocket knife, the blade or blades of which can be
opened by a flick of a button, pressure on the
handle, or other mechanical devices. Such knife
is hereby declared to be a dangerous or deadly
weapon within the meaning of section 19-183,
and shall be subject to forfeiture to the village as
provided in this article.
(b)Display and sale of specified weapons.No
pawnbroker, secondhand dealer or other person
engaged in business in the village shall display
or place on exhibition in any show window or
other window facing any street, any brass or
metal knuckles, or any club loaded with lead or
other weight, or any blackjack or billy club.
(c)Record of sales required.Every secondhand
dealer, pawnbroker or other person engaged in
the sale, rental or exchange of any weapons
described in sections 19-183 and paragraph (b) of
this section shall keep a record of each such
weapon purchased, sold, rented or exchanged at
retail.
(1)Time of recordation.The record shall be
made at the time of the transaction, in a
book kept for that purpose, and shall
include the name of the person to whom
such weapon is sold or from whom such
weapon is purchased; his or her age,
physicaldescription,occupation,residence,
and, if residing in a municipality, the
street and number where he or she resides;
the date of the purchase, sale, rental or
exchange of such weapon; and the name
of the employee or other person making
such purchase, sale, rental or exchange.
(2)Daily reports.Daily reports shall be
delivered to the chief of police of every
such purchase, sale, loan or gift. The
report shall be on forms provided by the
chief of police and shall set forth the
name in full, the residents, age and
physical description and the occupation
of the person to whom or from whom
such dangerous or deadly weapon has
been purchased, sold, loaned or given.
(Code 1970, § 24-74; Ord. No. 2011-21, § 17,
11-10-11)
Sec. 19-186. Forfeiture; disposition.
(a) Every person convicted of a violation of
this article shall forfeit to the village such danger-
ous or deadly weapon so concealed or displayed.
(b) Every police officer, upon making any
arrest and taking a weapon used in violation of
articles I through V and this article of this
chapter, shall deliver the same to the judge to be
held by him or her until the final determination
of the prosecution for such offense; and, upon the
finding of guilt, it shall then be the duty of such
judge to deliver such weapon forthwith to the
chief of police who shall make disposition of the
weapon.
(Code 1970, § 24-75; Ord. No. 2011-21, § 17,
11-10-11)
§ 19-186OFFENSES AND MISCELLANEOUS PROVISIONS
1235Supp. No. 75
Chapter 20
PARKS, PLAYGROUNDS AND RECREATION
Article I. In General
Sec. 20-1. Use by public only; hours regulated.
Sec. 20-2. Failure to cooperate in keeping rest-rooms neat or sanitary.
Sec. 20-3. Erecting buildings or structures.
Sec. 20-4. Climbing trees, etc.
Sec. 20-5. Traffic.
Sec. 20-6. Bicycles.
Sec. 20-7. Responsibility for enforcement of provisions.
Sec. 20-8. Ejectment of violators.
Sec. 20-9. Confiscation of property used to violate provisions.
Sec. 20-10. Commercial activities prohibited.
Secs. 20-11—20-21. Reserved.
Article II. Meetings And Gatherings
Division 1. Generally
Sec. 20-22. Permittee bound by rules and regulations.
Sec. 20-23. Permittee's liability for loss or injury.
Secs. 20-24—20-30. Reserved.
Division 2. Permit
Sec. 20-31. Required.
Sec. 20-32. Form.
Sec. 20-33. Application.
Sec. 20-34. Standards for issuance.
Sec. 20-35. Appeal from refusal to issue.
Sec. 20-36. Revocation.
Secs. 20-37—20-60. Reserved.
Article III. Recreation Advisory Board
Sec. 20-61. Created.
Sec. 20-62. Composition; terms.
Sec. 20-63. Duties.
1289Supp. No. 75
ARTICLE I. IN GENERAL
Sec. 20-1. Use by public only; hours
regulated.
The use of the public parks and recreation
facilities of the village shall be limited for use by
the public only between the hours of 7:00 a.m.
and one-half hour after sunset each day with the
exception of Sunday when the opening hours of
such facilities shall be 9:00 a.m.; provided,
however, that lighted areas for activities
authorized by the recreation department shall
remain open for use until 11:00 p.m. Any use of
such lighted areas for activities after the hour of
11:00 p.m. shall be by special permit issued by
the recreation director.
(Code 1970, § 25-1; Ord. No. 201-69, § 2; Ord.
No. 30-80, §§ 1, 2, 10-9-80; Ord. No. 11-82, § 1,
6-10-82)
Sec. 20-2. Failure to cooperate in keeping
rest-rooms neat or sanitary.
No person shall fail to cooperate in maintain-
ing restrooms and washrooms in the public
parks and recreation facilities of the village in a
neat and sanitary condition.
(Code 1970, § 25-29; Ord. No. 201-69, § 13)
Sec. 20-3. Erecting buildings or
structures.
No person shall construct or erect any build-
ing or structure of whatever kind, whether
permanent or temporary in character, or run or
string any public service utility into, upon or
across, any public parks or recreational facilities
except on special written permit issued hereunder.
(Code 1970, § 25-32; Ord. No. 201-69, § 16)
Sec. 20-4. Climbing trees, etc.
No person shall, in any public park or
recreational facility of the village, climb any tree
or walk, stand or sit upon monuments, vases,
fountains, railings, fences, or guncarriages, or
upon any other property not designated or
customarily used for such purposes.
(Code 1970, § 25-34; Ord. No. 205-69, § 18)
Sec. 20-5. Traffic.
No person in any park in the village or at the
North Palm Beach Country Club shall:
(1)State motor vehicle laws.Fail to comply
with all applicable provisions of the state
motor vehicle traffic laws in regard to
equipment and operation of vehicles
together with such regulations as are
contained in this Code.
(2)Enforcement of traffic regulations.Fail to
obey all traffic officers and park
employees, such persons being hereby
authorized and instructed to direct traf-
fic whenever and wherever needed in the
parks and at the North Palm Beach
Country Club and on the highways, streets
or roads immediately adjacent thereto in
accordance with the provisions of these
regulations and such supplementary
regulations as may be issued subsequently
by the chief of police.
(3)Traffic signs.Fail to observe carefully all
traffic signs, indicating speed, direction,
caution, stopping or parking, and all
others posted for proper control and to
safeguard life and property.
(4)Speed of vehicles.Ride or drive a vehicle
at a rate of speed exceeding five (5) miles
per hour, except upon such roads as the
director of public safety may designate,
by posted signs, for speedier travel.
(5)Operation confined to roads.Drive any
vehicle on any area except the paved
park roads or parking areas, or such
other areas as may, on occasion, be specifi-
cally designated as temporary parking
areas by the director of public safety.
(6)Designated parking areas.Park a vehicle
in other than an established or designated
parking area, and such use shall be in
accordance with the posted directions at
such area and with the instructions of
any attendant who may be present.
(Code 1970, § 25-35; Ord. No. 8-71, § 1; Ord. No.
2011-21, § 19, 11-10-11)
Cross reference—Motor vehicles and traffic generally,
Ch. 18.
§ 20-5PARKS, PLAYGROUNDS AND RECREATION
1291Supp. No. 75
Sec. 20-6. Bicycles.
No person in any park in the village or at the
North Palm Beach Country Club shall:
(1)Operation prohibited in certain areas.
Ride a bicycle in any area where signs
have been erected by order of the chief of
police specifically prohibiting bicycles
being ridden in that area. Wherever
convenient, bicycles should be ridden on
paved vehicular roads or paths designated
for that purpose.
(2)Operation in safe manner, etc.Bicyclists
shall, at all times, operate their machines
with reasonable regard to the safety of
others, signal all turns, pass to the right
of any vehicle they are overtaking, and
pass to the right of any vehicles they may
meet.
(Code 1970, § 25-36; Ord. No. 8-71, § 1; Ord. No.
2011-21, § 19, 11-10-11)
Sec. 20-7. Responsibility for enforcement
of provisions.
The recreation director, park attendants and
police officers shall, in connection with their
duties imposed by law, diligently enforce the
provisions of this chapter.
(Code 1970, § 25-2; Ord. No. 201-69, § 2)
Sec. 20-8. Ejectment of violators.
The recreation director, park attendants and
police officers shall have the authority to eject
from any park in the village any person acting in
violation of this chapter.
(Code 1970, § 25-3; Ord. No. 201-69, § 3)
Sec. 20-9. Confiscation of property used to
violate provisions.
The recreation director, park attendants and
police officers shall have the authority to seize
and confiscate any property, thing or device in
any village park used in violation of this chapter.
(Code 1970, § 25-4; Ord. No. 201-69, § 4)
Sec. 20-10. Commercial activities
prohibited.
No person, other than members of village staff
or licensed concessionaires acting under the
authority of the village, shall display or offer for
sale, rent or trade any article, service or thing or
place any stand, equipment, cart or vehicle for
the transport, sale or display of any food, drink,
article or merchandise or engage in a commercial
or group activity for compensation or solicit any
business within the limits of any village park or
recreational area, including the North Palm
Beach Country Club.
(Ord. No. 2020-21, § 2, 11-12-20)
Secs. 20-11—20-21. Reserved.
ARTICLE II. MEETINGS AND
GATHERINGS*
DIVISION 1. GENERALLY
Sec. 20-22. Permittee bound by rules and
regulations.
A permittee under division 2 of this article
shall be bound by all park rules and regulations
and all applicable ordinances and provisions of
this Code as fully as though the same were set
out at length in the permit.
(Code 1970, § 25-21; Ord. No. 201-69, § 10)
Sec. 20-23. Permittee's liability for loss or
injury.
The person to whom a permit is issued under
division 2 of this article shall be liable for any
loss, damage or injury sustained by any person
whatever by reason of the negligence of the
person to whom such permit shall have been
issued.
(Code 1970, § 25-22; Ord. No. 201-69, § 11)
Secs. 20-24—20-30. Reserved.
*Cross reference—Licenses and miscellaneous business
regulations, Ch. 17.
§ 20-6 NORTH PALM BEACH CODE
1292Supp. No. 75
DIVISION 2. PERMIT
Sec. 20-31. Required.
If a meeting, gathering or other assemblage
for a common purpose, cause, activity or reason,
in any park or recreation area, will involve an
attendance of over ten (10) persons and is not a
part of a scheduled program or activity either
sponsored or officially recognized by the village,
or participation or attendance in a sports event
at an appropriately designated park area, the
person responsible for or in charge of such
meeting or gathering shall obtain a permit from
the recreation director before participating or
engaging in such activity in a park area.
(Code 1970, § 25-16; Ord. No. 201-69, § 5)
Sec. 20-32. Form.
The permit required by section 20-31 shall be
in such form as may be established by the
recreation director.
(Code 1970, § 25-17; Ord. No. 201-69, § 6)
Sec. 20-33. Application.
An application for a permit required by sec-
tion 20-31 shall contain the following items:
(1) The name and address of the applicant.
(2) The name and address of the person,
corporation or association sponsoring the
activity, if any.
(3) The day and hours for which the permit
is desired.
(4) The park or portion thereof for which
such permit is desired.
(5) An estimate of the anticipated attendance.
(6) Any other information which the
recreation director shall find reasonably
necessary to a fair determination as to
whether a permit should be issued.
(Code 1970, § 25-18; Ord. No. 201-69, § 7)
Sec. 20-34. Standards for issuance.
The recreation director or the village manager
shall issue a permit under this division when he
finds:
(1) That the proposed activity or use of the
park will not unreasonably interfere with
or detract from the general public enjoy-
ment of the park.
(2) That the proposed activity or use will not
unreasonably interfere with or detract
from the promotion of public health,
welfare, safety and recreation.
(3) That the proposed activity or use is not
reasonably anticipated to incite violence,
crime or disorderly conduct.
(4) That the proposed activity will not entail
unusual, extraordinary or burdensome
expense or police operation by the vil-
lage.
(5) That the facilities desired have not been
reserved for other use at the day and
hour required in the application.
(Code 1970, § 25-19; Ord. No. 201-69, § 8)
Sec. 20-35. Appeal from refusal to issue.
(a) Within five (5) days after receipt of an
application, the recreation director or village
manager shall apprise an applicant, in writing,
of his reasons for refusing a permit required by
this division.
(b) Any aggrieved person shall have the right
to appeal, in writing, within five (5) days to the
village council, which shall consider the applica-
tion under the standards set forth in section
20-34 and sustain or overrule the recreation
director's or village manager's decision within
seven (7) days.
(c) The decision of the village council shall be
final.
(Code 1970, § 25-20; Ord. No. 201-69, § 9)
§ 20-35PARKS, PLAYGROUNDS AND RECREATION
1293Supp. No. 75
Sec. 20-36. Revocation.
The recreation director may revoke a permit
required by this division upon a finding of a
violation of any rule, ordinances or provision of
this Code, or upon good cause shown.
(Code 1970, § 25-23; Ord. No. 201-69, § 12)
Secs. 20-37—20-60. Reserved.
ARTICLE III. RECREATION ADVISORY
BOARD*
Sec. 20-61. Created.
A recreation advisory board (hereinafter
referred to as board) for the village is hereby
created.
(Ord. No. 2019-01, § 9, 3-14-19)
Sec. 20-62. Composition; terms.
(a)Composition.The board shall be appointed
by the village council and shall consist of seven
(7) members.
(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 two (2) years as
determined by the village council.
(Ord. No. 2019-01, § 9, 3-14-19)
Sec. 20-63. Duties.
(a) The board shall serve in an advisory capac-
ity to the village council and make recommenda-
tions as to present and future recreation activities,
planning, recreation programs, capital improve-
ments and facilities and other matters relating
to the overall recreational activity of the village
other than its waterways. The board is not
charged with the duty of ascertaining costs or
method of implementation of their proposed
plans; however, the board should consider the
needs of all residents of the village. The board
shall have the power to call upon the village
manager, or his designee, for information and
advice. The board's recommendations to the
village council shall be in writing and shall state
the basis or reasons for such recommendations.
(b) The board shall also perform any other
duties which may be assigned to it by the village
council and the board shall act within thirty (30)
days of the date of reference, unless the village
council otherwise states.
(Ord. No. 2019-01, § 9, 3-14-19)
*Editor’s note—Ord. No. 2019-01, § 9, adopted March
14, 2019, amended Art. III, §§ 20-61—20-66 in its entirety to
read as set out herein. Former Art. III, §§ 20-61—20-66,
pertained to similar subject matter and derived from Ord.
No. 5-92, §§ 1—6, adopted April 23, 1992; Ord. No. 17-95,
§§ 1, 2, adopted June 22, 1995; Ord. No. 27-98, § 1, adopted
Dec. 10, 1998; Ord. No. 18-2001, § 4, adopted June 28, 2001;
Ord. No. 23-2004, § 1, adopted Aug. 12, 2004.
Cross reference—Department of recreation, § 2-110.
§ 20-36 NORTH PALM BEACH CODE
[The next page is 1343]
1294Supp. No. 75
ARTICLE I. IN GENERAL
Sec. 21-01. Comprehensive plan—Adop-
tion.
Pursuant to the provisions of the "Local Govern-
ment Comprehensive Planning and Land Develop-
ment Regulation Act,"F.S. section 163.161 et
seq., the village hereby adopts the comprehensive
plan of the village. A copy of the comprehensive
plan of the village is attached to Ordinance No.
23-89 and made a part thereof as exhibit A.
(Ord. No. 23-89, § 1, 11-9-89)
Editor’s note—Ordinance No. 23-89, adopted Nov. 9,
1989, specifically amend this Code; hence, inclusion of § 1 as
§ 21-01 was at the discretion of the editor. Exhibit A is not
printed herein, but is on file and available for reference in
the office of the village clerk.
Sec. 21-1. Same—Filing fees and costs for
changes.
(a)Enactment and authority.Pursuant to F.S.
chapter 163, the village does hereby ordain and
enact into law these additional requirements for
amendments to the village comprehensive plan.
(b)Jurisdiction.These regulations shall govern
all petitions to amend the village comprehensive
plan.
(c)Fees; application.All petitions to amend
the village comprehensive plan shall be done by
application to the village council. The applica-
tion to the village council may be made by any
owner of property located within the village.
Such application shall be filed with the building
department of the village, which shall transmit
the same, together with all legal descriptions,
ownership information, requested change to the
comprehensive plan, etc., to the village council.
Any such application must be accompanied by
the filing fee established in the master fee
schedule adopted annually as part of the village
budget together with a deposit of the estimated
costs of the village in processing the application.
Upon the village determining the actual costs,
applicants 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.
(d)Advice of planning commission.Prior to
considering an amendment to the comprehensive
plan of the village, the village council shall seek
the advice of the planning commission of the
village.
(Ord. No. 18-87, § 1, 11-12-87; Ord. No. 06-2001,
§ 2, 3-22-01; Ord. No. 2014-09, § 13, 9-25-14)
Editor’s note—Ordinance No. 4-86, § 1, adopted April
24, 1986, repealed former § 21-1 which pertained to the
intent to proceed under state regulations and derived from
Ord. No. 6-77, adopted April 28, 1977. Subsequently, § 1 of
Ord. No. 18-87, adopted Nov. 12, 1987, purported to amend
the Code by adding thereto a new Ch. 41, §§ 41-1—41-4. For
purposes of classification the editor, at his discretion, has
redesignated the substantive provisions of the ordinance as
§ 21-1.
Sec. 21-2. Filing fees and costs for
voluntary annexation of land.
(a)Enactment and authority.Pursuant to F.S.
chapter 170, the village does hereby ordain and
enact into law these additional requirements for
annexation.
(b)Jurisdiction.These regulations shall govern
all voluntary annexation of lands into the
corporate limits of North Palm Beach hereafter.
(c)Fees; application.All applications for
voluntary annexation of land to the village shall
be done by application to the village council. The
application to the village council may be made by
any property owner of property contiguous to the
village. Such application shall be filed with the
building department of the village, which shall
transmit the same, together with all legal descrip-
tions, ownership information, etc., to the village
council. Any such application must be
accompanied by a filing fee of two hundred
dollars ($200.00) together with a deposit of the
estimated costs of the village in processing the
application. Upon the village determining the
actual costs, applicants 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.
§ 21-2PLANNING AND DEVELOPMENT
1345Supp. No. 75
(d)Advice of planning commission.Prior to
annexation, the village council shall seek the
advice of the planning commission of the village
as to the proposed annexation.
(Ord. No. 19-87, § 1, 11-12-87; Ord. No. 06-2001,
§ 3, 3-22-01)
Editor’s note—Section 1 of Ord. No. 19-87, adopted Nov.
12, 1987, purported to amend the Code by adding thereto a
new Ch. 40, §§ 40-1—40-4. For purposes of classification, the
editor, at his discretion, has redesignated the substantive
provisions of the ordinance as § 21-2.
Sec. 21-3. Public notice requirements for
development applications and
approvals.
(a)Requirements.In addition to those require-
ments imposed by state law, public notice shall
be provided as set forth below:
Planning Commission/LPA/
Zoning Board of Adjustment
Village Council
Mail*News-
paper*Post* Mail* Newspaper Post*
Rezoning 10 7 15 10
Statutory notice for
ordinance adoption
15
Large-scale
Comprehensive Plan
Amendment
10 7 15 10
Statutory notice for
ordinance adoption
15
Small-scale
Comprehensive Plan
Amendment
10 7 15 10
Statutory notice for
ordinance adoption
15
Variance** 7 7 10 N/A N/A N/A
Waiver*** 7 7 10 10 7 15
Planned Unit Develop-
ment 10 7 15 10
Statutory notice for
ordinance adoption
15
Special Exception Use
7 7 10 10
Notice of public hearing 7
days prior to hearing or
statutory notice for
ordinance adoption (if
within a PUD)
15
* Number of calendar days prior to date of the first required public hearing.
** The notice requirements for variances shall include all variances relating to the zoning code (Chapter 45), the dock and
waterway regulations (Chapter 5), and the sign regulations (Chapter 6).
*** The notice requirements for waivers shall apply only to waivers requested pursuant to section 45-51 (Chapter 45).
(b)Mailing requirements.
(1) Contents. Unless otherwise required
herein, mail notice of a public hearing
shall contain the following information:
a. Title and substance of proposed
ordinance or development order;
b. Time, date and location of the public
hearing;
c. Location of the property affected by
the application with reference to
the nearest intersection of two (2) or
more streets;
d. Name, address and telephone
number of the office where additional
information can be obtained; and
e. Location and times where proposed
ordinance or development order
application may be reviewed.
(2) All notices shall be provided by first-
class mail, unless otherwise required by
community development director. Mail
notice shall be postmarked no later than
the minimum number of calendar days
as required in subsection (a) above.
(3) Mail for all privately initiated applica-
tions shall be provided to all property
owners of record, excluding property
owned by the applicant, within five
hundred (500) feet of the property to
which the development order application
or amendment relates.
§ 21-2 NORTH PALM BEACH CODE
1346Supp. No. 75
(4) The list of property owners shall be
derived from the most recent official tax
roll of Palm Beach County. The applicant
shall provide an affidavit attesting to the
completeness and accuracy of the property
owner's list.
(5) The applicant shall provide and mail all
required notices, and provide an affidavit
that notice was sent to all property owners
included in the property owner's list.
(c)Posting requirements.
(1) The applicant shall provide the signs,
subject to the criteria for size and contents
established by the community develop-
ment director.
(2) The applicant shall install the signs in a
workmanlike manner. All signs should
be installed so as to withstand normal
weather events.
(3) The applicant shall post one (1) sign per
five hundred (500) feet of lineal right-of-
way, with a minimum of one (1) sign per
frontage.
(4) The applicant shall provide, at least three
(3) days prior to the public hearing, a
photograph of the sign and an affidavit
attesting to the date of installation and
the number of signs.
(d)Newspaper requirements.The applicant
shall be responsible for all costs associated with
newspaper advertisements.
(Ord. No. 2009-16, § 2, 11-12-09; Ord. No.
2015-13, § 3, 7-23-15; Ord. No. 2020-06, § 5,
9-24-20)
Secs. 21-4—21-10. Reserved.
ARTICLE II. PLANNING COMMISSION*
Sec. 21-11. Composition; conduct gener-
ally.
(a)Created.A planning commission for the
village is hereby created.
(b)Membership; terms.The planning commis-
sion shall consist of seven (7) members. 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 two (2) years as determined
by the village council. The planning commission
shall consist of one (1) land use planner or
architect, one (1) architect, one (1) civil engineer,
one (1) person engaged in business within the
corporate limits of the village, and three (3)
members who need not be engaged in any
particular business or profession.
(c)Meetings.The planning commission shall
meet at least once each month on a date to be
determined by the planning commission.
(d)Powers, duties.The planning commission
shall have the following powers and duties:
(1) Perform any duties which lawfully may
be assigned to it by the village council.
(2) Perform any other duties which may be
assigned to it under this Code.
(3) The planning commission of the village is
hereby designated as the governmental
entity to act as the "local planning agency"
in accordance with chapter 163, Florida
Statutes.
(4) The planning commission shall serve as
the village's board of adjustment to
consider variances and administrative
appeals.
(5) The planning commission has additional
duties that include site plan and appear-
ance review (see sections 6-30 through
6-60); the responsibility to make recom-
mendations on special exceptions (see
section 45-16.2); and the authority to
*Editor’s note—Article II, §§ 21-11, 21-12, was included
at the editor's discretion, being derived from Ord. No. 6-77,
§ 2, adopted April 28, 1977, and Ord. No. 4-78, § 2, enacted
Mar. 23, 1978. Section 1 of Ord. No. 4-78 repealed former
§ 21-1, pertaining to the designation of the local planning
agency, derived from Ord. No. 9-76, § 1, adopted May 27,
1976.
Cross reference—Duties and powers of planning com-
mission concerning appearance code, § 6-36.
State law reference—Local government comprehensive
planning and land development regulation act, F.S. § 163.3161
et seq.
§ 21-11PLANNING AND DEVELOPMENT
1347Supp. No. 75
approve waivers on land in the C-MU
and C-NB zoning districts only (see sec-
tion 45-51).
(Ord. No. 6-77, § 2, 4-28-77; Ord. No. 4-86, § 2,
4-24-86; Ord. No. 18-2001, § 5, 6-28-01; Ord. No.
2019-01, § 10, 3-14-19; Ord. No. 2020-06, § 5,
9-24-20)
Sec. 21-12. Changes to zoning ordinances.
(a) The village council may amend or supple-
ment the regulations and districts established by
this Code after receiving the recommendation of
the planning commission. Proposed changes may
be suggested by the village council or the village
manager. Changes to zoning district boundaries
may be requested in accordance with section
45-49.
(b) The planning commission, regardless of
the source of the proposed change, shall hold a
public hearing or hearings thereon, with due
public notice, but shall in any case, if any change
is to be considered by the planning commission,
submit in writing its recommendations on the
proposed change to the village council for official
action. The village council shall hold a public
hearing thereon, with due public notice, if any
change is to be considered and shall then act on
the proposed change. If the recommendation of
the planning commission is adverse to the
proposed change, such change shall not become
effective except by an affirmative vote of a
majority of the entire membership of the village
council, after due public notice.
(Ord. No. 4-78, § 2, 3-23-78; Ord. No. 4-86, § 3,
4-24-86; Ord. No. 2020-06, § 5, 9-24-20)
Secs. 21-13—21-20. Reserved.
ARTICLE III. BOARD OF ADJUSTMENT
Sec. 21-21. Composition; conduct gener-
ally.
(a)Created.A board of adjustment for the
village is hereby created.
(b)Membership. The members of the plan-
ning commission shall serve as the board of
adjustment.
(c)Powers, duties.The board of adjustment
shall have the following powers and duties:
(1)Appeals.To hear and decide appeals when
it is alleged that there is error in any
order, requirement, decision or determina-
tion made by an administrative official
in the enforcement of any land develop-
ment regulation.
(2)Variances:
a. To authorize such variances from
the terms of this code as will not be
contrary to the public interest when,
owing to special conditions, a literal
enforcement of the provisions of the
ordinance would result in unneces-
sary and undue hardship. In order
to authorize any variance, the board
of adjustment must find:
1. That special conditions and
circumstances exist which are
peculiar to the land, structure
or building involved and which
are not applicable to other
lands, structures or buildings
in the same zoning district;
2. That the special conditions and
circumstances do not result
from the actions of the
applicant;
3. That granting the variance
requested will not confer on
the applicant any special
privilege that is denied by the
ordinance to other lands, build-
ings or structures in the same
zoning district;
4. That literal interpretation of
the provisions of the subject
ordinance would deprive the
applicant of rights commonly
enjoyed by other properties in
the same zoning district under
the terms of the ordinance and
would work unnecessary and
undue hardship on the
applicant;
5. That the variance granted is
the minimum variance that will
§ 21-11 NORTH PALM BEACH CODE
1348Supp. No. 75
make possible the reasonable
use of the land, building or
structure;
6. That 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
code. Violation of such conditions
and safeguards, when made a part
of the terms under which the vari-
ance is granted, shall be deemed a
violation of this code.
c. The board of adjustment may
prescribe a reasonable time limit
within which the action for which
the variance is required shall begin
or be completed or both.
d. Under no circumstances, except as
permitted above, shall the board of
adjustment grant a variance to
permit a use not generally permit-
ted in the zoning district involved or
any use expressly or by implication
prohibited by the terms of the
ordinance in the zoning district. No
nonconforming use of neighboring
lands, structures or buildings in the
same zoning district and no permit-
ted use of lands, structures or build-
ings in other zoning districts shall
be considered grounds for the
authorization of a variance.
e. The concurring vote of a majority of
all members of the board shall be
necessary to grant a variance pursu-
ant to this section.
(d)Review of administrative orders.In exercis-
ing its powers, the board of adjustment may,
upon appeal and in conformity with provisions of
this chapter, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision
or determination made by an administrative
official in the enforcement of any zoning ordinance
or regulation adopted pursuant to this part, and
may make any necessary order, requirement,
decision or determination, and to that end shall
have all the powers of the officer from whom the
appeal is taken. The concurring vote of a major-
ity of all the members of the board shall be
necessary to reverse any order, requirement,
decision or determination of any such administra-
tive official or to decide in favor of the applicant
on any matter upon which the board is required
to pass under any such ordinance.
(e)Appeals to board from decision of
administrative official.Appeals to the board of
adjustment may be taken by any person aggrieved
or by any officer, board or bureau of the govern-
ing body affected by any decision of an administra-
tive official under any zoning ordinance enacted
pursuant to this part. Such appeal shall be
taken within thirty (30) days after rendition of
the order, requirement, decision or determina-
tion appealed from by filing with the officer from
whom the appeal is taken and with the board of
adjustment a notice of appeal specifying the
grounds thereof. The appeal shall be in the form
prescribed by the rules of the board. The
administrative official from whom the appeal is
taken shall, upon notification of the filing of the
appeal, forthwith transmit to the board of adjust-
ment all the documents, plans, papers or other
materials constituting the record upon which the
action appealed from was taken.
(f)Stay of work and proceedings on appeal.
An appeal to the board of adjustment stays all
work on the premises and all proceedings in
furtherance of the action appealed from, unless
the official from whom the appeal was taken
shall certify to the board of adjustment that, by
reason of facts stated in the certificate, a stay
would cause imminent peril to life or property. In
such case, proceedings or work shall not be
stayed except by a restraining order which may
be granted by the board of adjustment or by a
court of record on application, on notice to the
officer from whom the appeal is taken and on due
cause shown.
§ 21-21PLANNING AND DEVELOPMENT
1349Supp. No. 75
(g)Hearing of appeals.The board of adjust-
ment shall fix a reasonable time for the hearing
of the appeal and decide the same within a
reasonable time. Public notice of all hearings
shall be provided as required by section 21-3 of
this Code. Upon the hearing, any party may
appear in person, by agent or by attorney. Appel-
lants may be required to assume such reasonable
costs in connection with appeals as may be
determined by the governing body through action
in setting of fees to be charged for appeals.
(h)Judicial review of decisions of board.Any
person or persons, jointly or severally, aggrieved
by any decision of the board of adjustment, or
any officer, department, board, commission or
bureau of the governing body, may apply to the
circuit court in the judicial circuit where the
board of adjustment is located for judicial relief
within thirty (30) days after rendition of the
decision by the board of adjustment. Such an
appeal shall not be a hearing de novo, but shall
be limited to appellate review of the record
created before the board of adjustment.
(Ord. No. 6-77, § 3, 4-28-77; Ord. No. 4-86, § 4,
4-24-86; Ord. No. 19-2004, § 1, 7-22-04; Ord. No.
2009-16, § 5, 11-12-09; Ord. No. 2019-01, § 11,
3-14-19)
Secs. 21-22—21-40. Reserved.
ARTICLE IV. CONCURRENCY
MANAGEMENT*
Sec. 21-41. Short title.
This article shall be known and may be cited
as "The Village of North Palm Beach Adequate
Public Facilities (Concurrency) Ordinance."
(Ord. No. 16-90, § 1A, 6-28-90)
Sec. 21-42. Application.
This article shall apply to all developments in
the total incorporated area of the village.
(Ord. No. 16-90, § 1B, 6-28-90)
Sec. 21-43. Intent and purpose.
(a)Implementation of comprehensive plan.This
article is intended to implement and be consistent
with the village comprehensive plan, F.S. chapter
163, and rule 9J-5, F.A.C., by ensuring that all
development in the village is served by adequate
public facilities.
(b)Establishment of management/monitor-
ing and regulatory program.This objective is
accomplished by:
(1) Establishing a management and monitor-
ing system to evaluate and coordinate
the timing and provision of the necessary
public facilities to service development,
and
(2) Establishing a regulatory program that
ensures that each public facility is avail-
able to serve development concurrent
with the impacts of development on the
public facilities, or that development
orders are conditioned on the availability
of public facilities to serve the develop-
ment concurrent with the impacts of
development on the public facilities.
(c)Minimum requirements.The provisions of
this article in their interpretation and applica-
tion are declared to be the minimum require-
ments necessary to accomplish the stated intent,
purposes, and objectives of this article.
(Ord. No. 16-90, § 2, 6-28-90)
Cross reference—Adoption of comprehensive plan, § 21-
01.
Sec. 21-44. Definitions.
[The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different mean-
ing:]
Adequate public facilities determination means
a determination approved by the director of
community development, pursuant to the terms
of this article, that serves as a conditional state-
ment that, based upon existing public facility
capacity and planned public facility capacity,
adequate public facilities are thought to be avail-
able to serve development at the time of the
*Editor’s note—Ordinance No. 16-90, adopted June 28,
1990, did not specifically amend this Code; hence, inclusion
of §§ 1—6 as Art. IV, §§ 21-41—21-46, was at the discretion of
the editor.
§ 21-21 NORTH PALM BEACH CODE
1350Supp. No. 75
approval of the adequate public facilities
determination. A subsequent application for a
development permit for development that has
been approved based upon adequate public facili-
ties determination shall be required to receive a
new adequate public facilities determination, or
certificate of concurrency reservation, whichever
is appropriate.
Application for development permit means an
application submitted to North Palm Beach
requesting the approval of a development permit.
Capital improvement element means the capital
improvement element of the North Palm Beach
comprehensive plan adopted November 9, 1989
pursuant to F.S. chapter 163.
Capital recreation and open space facilities
means the planning of, engineering for, acquisi-
tion of land for, or construction of buildings and
park equipment necessary to LOS for capital
recreation and open space facilities.
Capital road facilities means the planning of,
engineering for, acquisition of land for, or construc-
tion of roads on the major road network system
necessary to meet the LOS for capital road
facilities.
Capital potable water facilities means the
planning of, engineering for, acquisition of land
for, or construction of potable water facilities
necessary to meet the LOS for capital potable
water facilities.
Capital sanitary sewer facilities means the
planning of, engineering for, acquisition of land
for, or construction of sanitary sewer facilities
necessary to meet the LOS for capital sanitary
sewer facilities.
Capital solid waste facilities means the plan-
ning of, engineering for, acquisition of land for, or
construction of solid waste facilities necessary to
meet the LOS for capital solid waste facilities.
Capital storm drainage facilities means the
planning of, engineering for, acquisition of land
for, or construction of storm drainage facilities
necessary to meet the LOS for capital storm
drainage facilities.
Certificate of concurrency reservation means a
certificate approved by the director of com-
munity development pursuant to the terms of
this article that constitutes proof of adequate
public facilities to serve the proposed develop-
ment. A subsequent application for a develop-
ment permit for development for which a
certificate of concurrency reservation has been
approved, shall be determined to have adequate
public facilities as long as the development order
for which the certificate of concurrency reserva-
tion was approved has not expired, and the
development is not altered to increase the impact
of development on public facilities.
Comprehensive plan means a plan that meets
the requirements of F.S. sections 163.3177 and
163.3178, and shall mean the Village of North
Palm Beach Comprehensive Plan, as amended,
where referenced in this article.
Conditional certificate of concurrency reserva-
tion means an application for a certificate of
concurrency reservation considered in conjunc-
tion with a development agreement that is
conditionally approved by the building official
pursuant to the terms of this article as a
conditional certificate of concurrency reserva-
tion. A conditional certificate of concurrency
reservation shall be approved, if it is demonstrated
that:
(1) Existing available public facility capac-
ity up to an amount sufficient to serve
the proposed development has been
reserved;
(2) There is reasonable likelihood that the
balance of the public facility capacity
needed for the proposed development can
be provided pursuant to a development
agreement; and
(3) A request has been made for consideration
and approval of a development agree-
ment concurrent with the application for
development permit to accommodate the
balance of public facility capacity needs
for the proposed development.
Developer means any person, including a
government agency, undertaking any develop-
ment as defined in this article.
§ 21-44PLANNING AND DEVELOPMENT
1350.1Supp. No. 75
Development has the meaning given it in F.S.
chapter 380.
Development agreement means an agreement
entered into between a local government and a
person associated with the development of land,
including, but not limited to, development agree-
ments pursuant to F.S. chapter 163, or an agree-
ment on a development order issued pursuant to
F.S. chapter 380.
§ 21-44 NORTH PALM BEACH CODE
1350.2Supp. No. 75
Chapter 27
TREES AND SHRUBBERY*
Article I. In General
Secs. 27-1—27-15. Reserved.
Article II. Trees in Swale Areas
Sec. 27-16. Definition.
Sec. 27-17. Planting and removal; written approval required.
Sec. 27-18. Variety and location.
Sec. 27-19. Scope.
Sec. 27-20. Maintenance.
Secs. 27-21—27-30. Reserved.
Article III. Reserved
Secs. 27-31—27-70. Reserved.
Article IV. Fertilizer-Friendly Use Ordinance
Sec. 27-71. Title.
Sec. 27-72. Definitions.
Sec. 27-73. Findings.
Sec. 27-74. Purpose and intent.
Sec. 27-75. Applicability.
Sec. 27-76. Timing of fertilizer application.
Sec. 27-77. Fertilizer free zones.
Sec. 27-78. Fertilizer content and application rates.
Sec. 27-79. Fertilizer application practices.
Sec. 27-80. Management of grass clippings and vegetative matter.
Sec. 27-81. Exemptions.
Sec. 27-82. Training.
Sec. 27-83. Licensing of commercial applicators.
Sec. 27-84. Enforcement; penalties; appeals.
*Cross references—Enforcement of Ch. 27 by code enforcement inspector, § 2-171 et seq.; planning and development, Ch.
21; streets, sidewalks and public places, Ch. 24; appearance plan, App. A.
1681Supp. No. 75
ARTICLE I. IN GENERAL
Secs. 27-1—27-15. Reserved.
ARTICLE II. TREES IN SWALE AREAS
Sec. 27-16. Definition.
As used in this article, the term "swale areas"
shall mean those areas lying between the street
and the sidewalk which are the property of the
village as part of its road and drainage right-of-
way.
(Code 1970, § 41-11; Ord. No. 207-70, § 1; Ord.
No. 2006-24, § 2.I, 11-9-06)
Cross reference—Rules of construction and definitions
generally, § 1-2.
Sec. 27-17. Planting and removal; written
approval required.
No trees shall be planted in the swale areas
except by the village or by property owners who
have obtained written approval of the public
works director to plant any tree.
(Code 1970, § 41-12; Ord. No. 207-70, § 2; Ord.
No. 2-81, § 1, 1-22-81; Ord. No. 08-2002, § 1,
3-28-02; Ord. No. 2006-24, § 2.I, 11-9-06)
Sec. 27-18. Variety and location.
The following regulations shall govern the
variety and location of trees planted in swale
areas:
(1) Only those trees set forth below may be
planted in any swale area:
Small Trees
Common/Botanical Name
Sweet Acacia
Acacia farnesiana
Stoppers
Eugenia spp.
Dwarf Poinciana
Caesalpina spp.
Lignum Vitae
guaiacum sanctum
Weeping Bottle-
brush
Callistemon vimi-
nalis
Hibiscus
"Standards"
Hibiscus spp.
Glaucus Cassia
Cassia surattensis
Tree Jatropha
Jatropha spp.
Silver Buttonwood
Conocarpus erectus
var. 'sericeus'
Crepe Myrtle
Lagerstroemia
indica
White Geiger/Texas
Olive
Cordia boissieri
Wax Myrtle
Myrica cerifera
Orange Geiger
Cordia sebestena
Frangipani
Plumeria rubra
Medium Trees
Common/Botanical Name
Pitch Apple
Clusia rosea
Black Ironwood
Krugiodendron fer-
reum
Pigeon Plum
Coccoloba diversifo-
lia
Sabicu
Lysiloma latisiliqua
Seagrape
Coccoloba uvifera
Madagascar olive
Noronhia emargi-
nata
Dahoon Holly
Ilex cassine
Allspice
Pimenta dioica
Soap Berry
Sapinous Marina-
tus
Large Trees
Common/Botanical Name
Red Maple
Acer rubrum
Gumbo Limbo
Bursera simaruba
Calophyllum/
Beauty Leaf
Calophyllum spp.
Live Oak
Quercus virginiana
Satinleaf
Chrysophylium
oliviforme
Paradise Tree
Simarouba glauca
Green Buttonwood
Conocarpus erectus
Bald Cypress
Taxodium disti-
chum
Japanese fern tree
Filicium decipiens
Southern Magnolia
Magnolia Grandi-
flora
Loblolly Bay
Gordonia Iasian-
thus
Red Cedar
Juniperus Silicicola
Blolly
Guapira discolor
Queen's Crepe
myrtle
Lagerstroemia spe-
ciosa
§ 27-18TREES AND SHRUBBERY
1683Supp. No. 75
Wild Tamarind
Lysiloma bahamen-
sis
Sweetbay Magnolia
Magnolia virgini-
ana
Mastic Tree
Masticodendron foe-
tisdissimum
Yellow Poinciana
Peltophorum ptero-
carpum
Redbay
Persea borbonia
Slash Pine
Pinus elliotii var.
"densa"
Jamaican Dogwood
Piscidia piscipula
Laurel Oak
Quercus Iaurifolia
Small Palms
Common/Botanical Name
Silver Palm
Coccothrinax argen-
tata
Needle Palm
Rhapidophylium
hystrix
Bottle Palm
Hyophorbe Iagen-
caulis
Thatch Palm
Thrinax spp.
Spindle Palm
Hyophorbe ver-
schaffeltii
Christmas Palm
Veitchii merrillii
Majesty Palm
Ravenea glauca
Large Palms
Common/Botanical Name
Paurotis/Everglades
Palm
Acoelorrhaphe
wrightii
Chineses Fan Palm
Livistonia chinensis
Alexandra Palm
Archontophoenix
alexandrae
Triangle Palm
Neodypsis decaryi
Bismark Palm
Bismarkia nobilis
Royal Palm
Roystonea regia
Hurricane Palm
Dictyosperma
album
Cabbage/sabal palm
Sabal palmetto
Blue Lantania
Latania Ioddigesii
Alternative trees of the same character
as those listed above may be considered
subject to approval by the public services
director.
Exotic, Pest and Invasive plants as listed
by the Florida Exotic Pest Plant Council
are specifically prohibited. Coconut trees,
fruit trees and shrubs are specifically
prohibited.
(2) Swale trees shall be planted so as not to
impede the flow and storage of storm
water. Swale trees shall be planted and
maintained to provide safe sight distances
in accordance with section 45-90.C.
Incidental plantings of flowers may be
planted and maintained without permit
subject to the same criteria described
herein.
(3) Swale trees shall be planted in accordance
with Florida Power and Light Company
guidelines so as to avoid interference
with overhead utility lines.
(Code 1970, § 41-13; Ord. No. 207-70, § 3; Ord.
No. 6-71, § 1; Ord. No. 2-81, § 2, 1-22-81; Ord.
No. 08-2002, § 2, 3-28-02; Ord. No. 2020-06, § 6,
9-24-20)
Sec. 27-19. Scope.
The terms of this article shall apply to all
plantings in swale areas.
(Code 1970, § 41-14; Ord. No. 207-70, § 4)
Sec. 27-20. Maintenance.
Swale areas shall be maintained by the adjacent
property owner or tenant.
(Ord. No. 08-2002, § 3, 27-20)
Secs. 27-21—27-30. Reserved.
ARTICLE III. RESERVED*
Secs. 27-31—27-70. Reserved.
*Editor’s note—Ord. No. 2020-06, § 6, adopted September
24, 2020, repealed art. III, divs. 1—3, §§ 27-31—27-41 and
27-59—27-67. Former art. III pertained to landscaping and
derived from Code 1970, § 41-16—41-19, 41-21—41-25 of the
Code of 1970; Ord. No. 14-71, § 1, adopted September 23,
1971; Ord. No. 22-77, § 1, adopted December 8, 1977; Ord.
No. 2-73, § 1; Ord. No. 2-75, § 1, adopted April 10, 1975; Ord.
§ 27-18 NORTH PALM BEACH CODE
1684Supp. No. 75
ARTICLE IV. FERTILIZER-FRIENDLY
USE ORDINANCE
Sec. 27-71. Title.
This article shall be known as the village's
fertilizer-friendly use ordinance.
(Ord. No. 2017-13, § 2, 9-28-17)
Sec. 27-72. Definitions.
When used in this article, the following terms
shall have the meanings ascribed to them in this
section except where the context clearly indicates
a different meaning:
Application or apply means the actual physi-
cal deposit of fertilizer to turf or landscape
plants.
Applicator means any person who applies
fertilizer on turf and/or landscape plants in the
village.
Best management practices (BMP's)means
turf and landscape practices or combination of
practices based on research, field-testing, and
expert review, determined to be the most effec-
tive and practical site-specific means, including
economic and technological considerations, for
improving water quality, conserving water sup-
plies and protecting natural resources.
Code enforcement officer, official, or inspector
means any designated employee or agent of the
village whose duty it is to enforce codes and
ordinances enacted by the village.
Commercial fertilizer applicator except as
provided in F.S. § 482.1562(9), means any person
who applies fertilizer for payment or other
consideration to property not owned by the person
or firm applying the fertilizer or the employer of
the applicators.
Fertilize, fertilizing or fertilization means the
act of applying fertilizer to turf, specialized turf,
or landscape plants.
Fertilizer means any substance or mixture of
substances that contains one (1) or more
recognized plant nutrients and promotes plant
growth, or controls soil acidity or alkalinity, or
provides other soil enrichment, or provides other
corrective measures to the soil.
Institutional applicator means any person,
other than a private, non-commercial or a com-
mercial applicator (unless such definitions also
apply under the circumstances), that applies
fertilizer for the purpose of maintaining turf
and/or landscape plants. Institutional applica-
tors shall include, but shall not be limited to,
owners, managers, or employees of public lands,
schools, parks, religious institutions, utilities,
industrial or business sites and any residential
properties maintained in condominium and/or
common ownership.
Landscape plant means any native or non-
native tree, shrub, or groundcover (excluding
turf).
Person means any natural person, business,
corporation, limited liability company, partner-
ship, limited partnership, association, club,
organization, and/or any group of people acting
as an organized entity.
Saturated soil means a soil in which the voids
are filled with water. Saturation does not require
flow. For the purposes of this article, soils shall
be considered saturated if standing water is
present or the pressure of a person standing on
the soil causes the release of free water.
Slow-release,controlled release, timed release,
slowly-available,orwaterinsolublenitrogen means
nitrogen in a form which delays its availability
for plant uptake and use after application, or
which extends its availability to the vegetation
longer than a reference rapid or quick release
product.
Turf, sod, or lawn means an area of grass-
covered soil held together by the roots of the
grass.
Urban landscape means pervious areas on
residential, commercial, industrial, institutional,
highway rights-of-way, or other nonagricultural
lands that are planted with turf or horticultural
No. 2-81, §§ 1, 3—6. 8—13, adopted January 22, 1981 and
Ord. No. 29-98, § 1, adopted December 10, 1998. Similar
provisions can now be foundin app. C, art. VIII.
§ 27-72TREES AND SHRUBBERY
1685Supp. No. 75
plants. For the purposes of this section, agriculture
has the same meaning as provided in F.S. § 570.02.
(Ord. No. 2017-13, § 2, 9-28-17)
Sec. 27-73. Findings.
As a result of the Florida Department of
Environmental Protection's determination that
certain water bodies within Palm Beach County
are impaired for excessive nutrient levels, the
village council finds that the best management
practices contained in the most recent edition of
the "Florida-Friendly Best Management Practices
for Protection of Water Resources by the Green
Industries,"are required in this article.
(Ord. No. 2017-13, § 2, 9-28-17)
Sec. 27-74. Purpose and intent.
This article regulates the proper use of fertil-
izers by any applicator; requires proper training
of commercial and institutional fertilizer applica-
tors; establishes training and licensing require-
ments; establishes the timing of fertilizer
application; and specifies allowable fertilizer
application rates and methods, fertilizer-free
zones, and exemptions. This article requires the
use of best management practices which provide
specific management guidelines to minimize nega-
tive secondary and cumulative environmental
effects associated with the misuse of fertilizers.
These environmental effects have been observed
in and on Palm Beach County's natural and
constructed stormwater conveyances, rivers,
creeks, canals, lakes, estuaries and other water
bodies. Collectively, these water bodies are an
asset important to the environmental,
recreational, cultural and economic well-being of
Palm Beach County residents and the public
health. Overgrowth of algae and vegetation
hinders the effectiveness of flood attenuation
provided by natural and constructed stormwater
conveyances. Regulation of nutrients, including
both phosphorus and nitrogen contained in fertil-
izer, is anticipated to help improve and maintain
water and habitat quality.
(Ord. No. 2017-13, § 2, 9-28-17)
Sec. 27-75. Applicability.
This article shall be applicable to and shall
regulate any and all applicators of fertilizer and
areas of application of fertilizer to urban
landscapes within the village, unless such applica-
tion is specifically exempted by section 27-81.
This article shall be prospective only, and shall
not impair any existing contracts.
(Ord. No. 2017-13, § 2, 9-28-17)
Sec. 27-76. Timing of fertilizer applica-
tion.
No applicator shall apply fertilizers contain-
ing nitrogen and/or phosphorus to turf and/or
landscape plants during the rainy period from
June 1
st through October 31
st or at any time to
saturated soils or during the time which a
tropical storm or hurricane watch or warning
has been issued by the national weather service
or when heavy rain (greater than two (2) inches
in a twenty-four (24) hour period) is forecast.
This prohibition shall not apply to fertilizer used
for sports turf at golf courses, parks and athletic
fields provided that all requirements of subsec-
tion 27-78(d) are met.
(Ord. No. 2017-13, § 2, 9-28-17)
Sec. 27-77. Fertilizer free zones.
Fertilizer shall not be applied within ten (10)
feet of any pond, stream, watercourse, lake,
canal or wetland as defined by the Florida
Department of Environmental Protection in
Chapter 62-340, Florida Administrative Code, or
from the top of a seawall or bulkhead, unless a
deflector shield, drop spreader, or liquid applica-
tor with a visible and sharply defined edge, is
used, in which case a minimum of three (3) feet
shall be maintained. Newly planted turf or
landscape plants may be fertilized in this zone
only for a sixty (60) day period beginning thirty
(30) days after planting if needed to allow the
plants to become well established. Caution shall
be used to prevent the direct deposit of nutrients
into the water.
(Ord. No. 2017-13, § 2, 9-28-17)
Sec. 27-78. Fertilizer content and applica-
tion rates.
(a) Fertilizers applied to turf within the vil-
lage shall be applied in accordance with require-
ments and directions provided by Rule
§ 27-72 NORTH PALM BEACH CODE
1686Supp. No. 75
5E-1.003(2), Florida Administrative Code, Label-
ing Requirements for Urban Turf Fertilizers.
Under Rule 5E-1.003(2), Florida Administrative
Code, required application rate and frequency
maximums, which vary by plant and turf types,
are found on the labeled fertilizer bag or container.
(b) Fertilizer containing nitrogen shall not be
applied before seeding or sodding a site, and
shall not be applied for the first thirty (30) days
after seeding or sodding, except when hydro-
seeding for temporary or permanent erosion
control in an emergency situation (wildfire, etc.)
or in accordance with the Stormwater Pollution
Prevention Plan for the site.
(c) Nitrogen or phosphorus fertilizer shall not
be applied to turf or landscape plants except as
provided in section (a) above for turf, or in
UF/IFAS recommendations for landscape plants,
vegetable gardens, and fruit trees and shrubs,
unless a soil or tissue deficiency has been veri-
fied by an approved test.
(d) Fertilizer used for sports turf at golf courses,
parks and athletic fields shall be applied in
accordance with Rule 5E-1.003(3), Florida
Administrative Code.
(Ord. No. 2017-13, § 2, 9-28-17)
Sec. 27-79. Fertilizer application
practices.
(a) Spreader deflector shields shall be used
when fertilizing via rotary (broadcast) spread-
ers. Deflectors must be positioned such that
fertilizer granules are deflected away from all
impervious surfaces, fertilizer-free zones and
water bodies, including wetlands.
(b) Fertilizer shall not be applied, spilled, or
otherwise deposited on any impervious surfaces.
(c) Any fertilizer applied, spilled, or deposited,
either intentionally or accidentally, on any
impervious surface shall be immediately and
completely removed to the greatest extent
practicable.
(d) Fertilizer released on an impervious surface
must be immediately contained and either legally
applied to turf or any other legal site, or returned
to the original or other appropriate container.
(e) In no case shall fertilizer be washed, swept,
or blown off impervious surfaces into stormwater
drains, ditches, conveyances, or water bodies.
(Ord. No. 2017-13, § 2, 9-28-17)
Sec. 27-80. Management of grass clippings
and vegetative matter.
In no case shall grass clippings, vegetative
material, and/or vegetative debris be washed,
swept, or blown on to or into stormwater drains,
ditches, conveyances, water bodies, wetlands,
sidewalks or roadways. Any material that is
accidentally so deposited shall be immediately
removed to the maximum extent practicable.
(Ord. No. 2017-13, § 2, 9-28-17)
Sec. 27-81. Exemptions.
The provisions of this article shall not apply
to:
(1) Bona fide farm operations as defined in
the Florida Right-to-Farm Act, F.S.
§ 823.14;
(2) Vegetable gardens provided that they are
not located within fifteen (15) feet of a
waterbody or wetland;
(3) Other properties not subject to or covered
under the Florida Right-to-Farm Act that
have pastures used for grazing livestock;
(4) Any lands used for bona fide scientific
research, including, but not limited to,
research on the effects of fertilizer use on
urbanstormwater,waterquality,agronom-
ics, or horticulture;
(5) Specialized turf grasses such a Zoysia or
Bermuda as part of a periodic dethatch-
ing process during the growing period,
provided that best management practices
for fertilizer application are followed;
(6) The use of reclaimed water for irrigation;
and
(7) The application of yard waste compost,
mulches or similar materials that are
organic in nature and are applied to
improve the physical condition of the
soil.
(Ord. No. 2017-13, § 2, 9-28-17)
§ 27-81TREES AND SHRUBBERY
1687Supp. No. 75
Sec. 27-82. Training.
(a) All commercial and institutional applica-
tors of fertilizer within the village shall abide by
and successfully complete the six-hour training
program in the "Florida-Friendly Best Manage-
ment Practices for Protection of Water Resources
by the Green Industries"offered by the Florida
Department of Environmental Protection through
the University of Florida/Palm Beach County
Cooperative Extension Service "Florida-Friendly
Landscapes"program or an approved equivalent
program.
(b) Private, non-commercial applicators are
encouraged to follow the recommendations of the
University of Florida/IFAS "Florida-Friendly
Landscape Program"when applying fertilizers.
(Ord. No. 2017-13, § 2, 9-28-17)
Sec. 27-83. Licensing of commercial
applicators.
(a) All commercial applicators of fertilizer
within the village shall have and carry in their
possession at all times when applying fertilizer,
evidence of certification by the Florida Depart-
ment of Agriculture and Consumer Services as a
commercial fertilizer applicator per Rule
5E-14.117(18), Florida Administrative Code.
(b) All businesses applying fertilizer to turf
and/or landscape plants (including, but not limited
to, residential lawns, golf courses, commercial
properties, and multi-family and condominium
properties) must ensure that at least one (1)
employee has a "Florida-Friendly Best Manage-
ment Practices for Protection of Water Resources
by the Green Industries"training certificate
prior to the business owner obtaining a business
tax receipt. Owners for any category of occupa-
tion which may apply any fertilizer to turf and/or
landscape plants shall provide proof of comple-
tion of the program to the village.
(Ord. No. 2017-13, § 2, 9-28-17)
Sec. 27-84. Enforcement; penalties;
appeals.
(a)Enforcement. The provisions of this article
shall be enforced by the village's code enforce-
ment special magistrate pursuant to the author-
ity granted by F.S. § 162.01, et seq., as may be
amended, and the village through its authority
to enjoin and fine any person violating its code.
The village may pursue these or any other
enforcement remedies available to the village
under state law.
(b)Penalties. Failure to comply with the
requirements of this article shall constitute a
violation of this article and each new day the
violation exists shall be considered a separate
and distinct offense. Fines shall be determined
by considering the factors set forth in F.S. § 162.09,
as may be amended, and shall not exceed the
amounts authorized by state law.
(c)Disposition of penalty funds.Funds gener-
ated by penalties imposed pursuant to this article
shall be used by the village for the administra-
tion and enforcement of F.S. § 403.9337, and the
corresponding sections of this article, and to
further water conservation and non-point pollu-
tion prevention activities.
(d)Appeals. Appeals of administrative orders
of the special magistrate shall be as provided
under state law, and as further set forth in
section 2-180.
(Ord. No. 2017-13, § 2, 9-28-17)
§ 27-82 NORTH PALM BEACH CODE
[The next page is 1739]
1688Supp. No. 75
INTRODUCTION
What we see daily in our community, consciously
and unconsciously, influences our lives.
Good community appearance is the product of
orderly and harmonious relationships established
between man-made objects and nature. A pleas-
ing and attractive scene results from skillful
combinations and interrelations of these ele-
ments of contrasts and similarities.
Appearance has a direct bearing on the economic
value of property. When the appearance of public
areas,businessestablishments,andtheresidential
community is good, shoppers, businessmen, and
home owners are all attracted to the community.
Poor appearance, congestion, and lack of proper
maintenance bring about blight, decay, decreased
property values, and loss of revenues.
New building programs, along with improve-
ment and preservation of the existing, are neces-
sary in order to maintain good community
appearance. Expanded building programs and
land developments have greatly reduced open
spaces in our towns—an awareness of the
importance of good design and land use has
resulted. Government bodies and private agen-
cies are seeking ways to revitalize our cities and
towns. The recognition of this need to protect the
distinctive character of our communities and
their beauty has elicited sympathetic judicial
decisions in matters involving esthetics.
SECTION I BASIS FOR THE APPEARANCE
PLAN
The North Palm Beach Village Council adopted
an Appearance Ordinance, Number 4-71, on May
27, 1971. This Ordinance provided for the appoint-
ment of an Appearance Board which would
concern itself with and act in matters affecting
the physical appearance of designated areas.
The Board was empowered to develop an Appear-
ance Plan to serve as standards or guidelines for
physical developments in the Village. The Plan
as amended, following public hearings, was
adopted by the North Palm Beach Village Council,
by Ordinance Number 3-72, dated 10 Feb. 1972.
The Appearance Plan is administered through
the Office of the North Palm Beach director of
community development. In 1977, the Planning
Commission began serving as the Appearance
Board and continues to act upon matters relat-
ing to appearance as authorized by the Appear-
ance Plan and Code.
(Ord. No. 2006-24, § 2.J, 11-9-06; Ord. No.
2020-06, § 7, 9-24-20)
SECTION II STATEMENT OF POLICY
To function in a manner most appropriate to its
responsibility, a municipal board should act in
the public interest and welfare as a servant of
the people, and operate consistently within its
jurisdiction. It should be completely fair and
objective in all public matters, impartial and
understanding, and above and beyond reproach.
If it can also be a source of inspiration, encourage-
ment, and leadership, it fulfills the public trust.
Consequently the POLICY of the Appearance
Board is to:
Operate in all matters brought before it, in an
objective and understanding manner, free from
discrimination and selfish interests, and above
and beyond reproach.
Work toward the esthetic growth of the com-
munity and against deterioration of its visual
character, harmony, and beauty.
Encourage and inspire both public and private
participation in the enhancement of com-
munity appearance and provide the necessary
leadership.
Act as counselor, guide, and consultant on
matters of appearance to those who desire to
develop, redevelop, maintain, or improve
properties which are under the jurisdiction of
the Board.
Participate in matters regarding appearance
with other governmental, municipal, civic or
private bodies, and enhance communication,
understanding, and appreciation between them
and the Appearance Board.
OBJECTIVES are the fostering of:
Greater interest in the development and
redevelopment of business, multi-family, and
§ IIAPPENDIX A—APPEARANCE PLAN
2045Supp. No. 75
public areas with an emphasis on appearance
as it relates to each specific project, its sur-
roundings, and the community, by giving
encouragement, guidance, and direction.
Better maintenance of properties through
encouragement of preservation, upkeep, protec-
tion, and care.
Modifications or additions to existing
ordinances as they pertain to improving com-
munity appearance.
Greater public interest and enthusiasm in
overall community beauty, appearance, cleanli-
ness, and order.
SECTION III AREAS OF JURISDICTION
AREAS AND ELEMENTS UNDER JURISDIC-
TION
The jurisdictional areas of the Appearance Plan
are all areas within the Village of North Palm
Beach that are zoned:
R-1 SINGLE-FAMILY DWELLING
DISTRICT — Applies to all usages
except single family and their normal
accessory buildings
R-2 MULTIPLE-FAMILY DWELLING
DISTRICT
R-3 APARTMENT DWELLING
DISTRICT
C-MU US-1 MIXED-USE DISTRICT
C-T TRANSITIONAL COMMERCIAL
DISTRICT
C-S SHOPPING COMMERCIAL
DISTRICT
C-G GENERAL COMMERCIAL
DISTRICT
C-3 REGIONAL MIXED-USE DISTRICT
P PUBLIC DISTRICT
OS CONSERVATION AND OPEN
SPACE
I-1 LIGHT INDUSTRIAL DISTRICT
C-N NORTHLAKE BOULEVARD COM-
MERCIAL DISTRICT
(Ord. No. 19-95, § 1, 7-13-95; Ord. No. 06-2003,
§ 1, 2-27-03; Ord. No. 11-2003, § 1, 4-10-03; Ord.
No. 2015-11, § 2, 6-25-15; Ord. No. 2020-06, § 7,
9-24-20)
FUTURE ZONING CLASSIFICATIONS AS
DETERMINED BY VILLAGE ORDINANCE
These areas include both privately and publicly
owned properties. Elements within these areas
include:
Improved and unimproved land, including open
spaces, streets and parkways, playgrounds,
gardens, malls, waterways, yards, rights-of-
way, and other elements.
External architectural features of buildings
and structures of all types, existing and future,
visible to the eye, and above grade.
Landscaping, land topography and plant life,
natural and man-made.
Walks, drives, parking areas, and plazas.
Exterior furniture, hardware, signs and mark-
ers, posts and fences, barriers, lights and
lighting, supplementary structures and
appurtenances.
AREAS OF PARTICULAR NOTE AND THEIR
ADDED REQUIREMENTS
The following is a list of natural and man-made
areas and thoroughfares of particular note with
their descriptions and added requirements.
OCEAN BEACH AND STATE ROAD 703
The existence of the ocean on our east imparts
more directional and esthetic influence than
any other natural attribute. We should
maintain an awareness of it in the develop-
ment of the community. It is felt that it is
essential to maintain and develop physical
and visual contact with it through vistas,
overlooks, adjacent roads and access parts.
The ridge between State Road 703 and the
beach should be preserved as it provides a
natural barrier between traffic and the beach,
and defines the beach as an entity in itself.
State Road 703 is a north-south highway
between the Intracoastal Waterway and the
ocean traversing the length of North Palm
Beach. It is the only man-made artery where
the true character of the coastal community
can be experienced in its fullness. Its variance
in elevation allows unparalleled views of the
ocean and of the sloping terrain to the Intra-
coastal Waterway. The natural topography of
§ II NORTH PALM BEACH CODE
2046Supp. No. 75
the slope as well as the ocean ridge must be
preserved. The natural landscape adjacent to
this artery is all but destroyed in other South
Florida communities. This landscape must be
fully considered and preserved to the greatest
extent in development, and because openness
both to the east and west must be maintained,
buildings shall be designed and sites planned
in such a manner as to allow maximum visual
contactwith the beach, ocean and slope to the
Intracoastal [Waterway].
INTRACOASTAL WATERWAY, NORTH PALM
BEACH WATERWAY, MUNYON ISLAND
AND LITTLE MUNYON ISLAND
The Intracoastal Waterway, a natural north-
south thoroughfare, has two main inherent
attributes. One is the natural vistas from
parks, bridges and other points of public
access. The second is the imparting of an
esthetic experience together with an insight
into the basic character of the Village of North
Palm Beach when traversing the waterway,
with its winding and varied width course.
Therefore, buildings within view of the
waterway must present to its their facade of
greatest or equal to greatest importance. All
accessory buildings and facilities shall be
either screened from the public view or designed
to the standards of adjacent buildings.
U.S. HIGHWAY NO. 1, NORTHLAKE BLVD.,
AND PROSPERITY FARMS RD.
U.S. Highway No. 1 is presently our major
north-south artery of interurban traffic. Even
though U.S. Highway No. 1 and Northlake
Blvd. have a diversity of zoning and uses, and
consequently a variety of form, all projects
shall meet criteria of the Appearance Plan.
The importance of site planning and landscap-
ing is stressed on these roads in order to
reduce the chances of the undesirable features
of over-advertising and confusion, and to
develop an identity to the natural landscape
and desired character of the Village of North
Palm Beach. The character of the roadways
themselves are enhanced by curves, standard
width, island planting, and the extremely
wide open space between lanes at the south
and east ends. Buildings set in locations of
impact, such as at the end of a long vista
(curve in road) shall be designed with this
aspect in mind (termination of a vista). The
north entrance to the Village is enhanced by
the vistas from U.S. Highway No. 1 and
Parker Bridge to the east and west along the
Intracoastal Waterway. The north entrance
possesses natural beauty, and projects proposed
on the Village side of the waterway shall make
all efforts to preserve this beauty.
AREAS AND ELEMENTS OUTSIDE
JURISDICTION BUT INFLUENTIAL
The visual character and conditions extend
beyond the jurisdiction areas. The Appear-
ance Board will give consideration to these
influences.
SECTION IV CRITERIA FOR APPEARANCE
The purpose of these criteria is to establish a
checklist of those items which affect the physical
aspect of the Village environment. Pertinent to
appearance is the design of the site, building and
structures, planting, signs, street hardware, and
miscellaneous other objects which are observed
by the public.
These criteria are not intended to restrict imagina-
tion, innovation, or variety, but rather to assist
in focusing on design principles which can result
in creative solutions that will develop a satisfac-
tory visual appearance within the Village.
A RELATIONSHIP OF BUILDINGS TO
SITE
1. The site shall be planned to
accomplish a desirable connection
with the streetscape, and to provide
for adequate planting, pedestrian
movement, and parking areas.
2. Site planning in which setbacks and
yards are in excess of zoning restric-
tions is encouraged where such
increases are permitted by the zoning
code to provide an interesting
relationship between buildings. In
zoning districts where a build-to
line is used in lieu of front setbacks,
building facades must be placed
§ IVAPPENDIX A—APPEARANCE PLAN
2047Supp. No. 75
within those build-to zones unless a
waiver is obtained from the build-to
requirements.
3. Parking areas shall be concealed
where required by the zoning code
or treated with decorative elements,
building wall extensions, plantings,
berms or other innovative means so
as to largely screen parking areas
from view from public ways and
adjoining properties.
4. The height and scale of each build-
ing shall be compatible with its site
and adjoining buildings except where
redevelopment at higher intensities
is anticipated in a particular zoning
district.
5. Newly installed utility services, and
service revisions necessitated by
exterior alterations, shall be
underground.
6. In relating buildings to site, the
provisions of the Zoning Ordinance
in regard to bulk regulations,
standards, and off-street parking
shall be part of this criteria. This
shall also apply to subsection B
which follows.
B RELATIONSHIP OF BUILDING AND
SITE TO ADJOINING AREA
1. Adjacent buildings of different
architectural styles or characteristics
may be made more compatible by
such means as screens, site breaks,
and materials.
2. Attractive landscape transitions to
adjoining properties are encour-
aged.
3. Harmony in texture, lines, and
masses is required. Monotony shall
be avoided.
4. Buildings shall have similar scale
to those in the surrounding area
except where redevelopment at
higher intensities is anticipated in
a particular zoning district.
C LANDSCAPE AND SITE TREATMENT
Landscape elements included in these
criteria consist of all forms of planting
and vegetation, ground forms, rock group-
ings, water patterns, and all visible
construction except buildings and utilitar-
ian structures.
The provisions of the North Palm Beach
Village Code, Chapter 41, and those por-
tions of the Village Code which directly
affect appearance, shall be part of the
criteria of this subsection.
Editor’s note—Chapter 41 of the 1970 Village Code is
found in chapter 27 of this Code.
D BUILDING DESIGN
1. Specific architectural styles are not
mandated or banned, but the vil-
lage encourages new buildings to
reflect or evolve the distinct local
character exemplified by the North
Palm Beach Country Club
Clubhouse, Village Hall and the
Public Safety Building. This
character is derived from local and
regional examples including Anglo-
Caribbean architecture, Florida
vernacular, and masonry modern.
2. Evaluation of appearance of a project
shall be based on quality of its
design and relationship to surround-
ings.
3. Buildings shall have good scale and
be in harmonious conformance with
permanent neighboring develop-
ment.
4. Materials shall have good
architectural character and shall be
selected for harmony of the building
with adjoining buildings.
a. Materials shall be selected for
suitability to the type of build-
ings and the design in which
they are used. Buildings shall
have the same materials, or
those which are architectur-
ally harmonious, used for all
building walls and other
exterior building components
§ IV NORTH PALM BEACH CODE
2048Supp. No. 75
wholly or partly visible from
public ways and adjoining
properties.
b. Inappropriate materials and
methods, and those which will
produce inconsistency with the
structure of the building, shall
be avoided.
c. Materials shall be of durable
quality.
d. In any design in which the
structural frame is exposed to
view, the structural materials
shall meet the other criteria
for materials.
5. Building components—such as
windows, doors, eaves, and
parapets—shall have good propor-
tions and relationship to one another.
6. The village discourages walls without
windows or with too few windows;
all-glass walls; and facades without
visual interest or with entrances
that are concealed or absent.
7. Colors shall be harmonious, with
bright or brilliant colors used only
for accent.
8. Mechanical equipment or other util-
ity hardware on roof, ground, or
buildings shall be screened from
public view with materials harmoni-
ous with the building, or they shall
be located so as not to be visible
from any public ways, including
waterways, service alleys, and adjoin-
ing properties.
9. Exterior lighting shall be part of the
architectural concept. Fixtures,
standards and all exposed acces-
sories shall be harmonious with
building design.
10. Refuse and waste removal areas,
service yards, storage yards, and
exterior work areas shall be screened
from public ways, including
waterways, service alleys, and adjoin-
ing properties, using materials as
stated in criteria for equipment
screening.
11. Monotony of design in single or
multiple building projects shall be
avoided. Variation of detail, form,
and siting shall be used to provide
visual interest. In multiple building
projects, variable siting or individual
buildings may be used to prevent a
monotonous appearance.
12. Inappropriate, incompatible, bizarre,
and exotic designs shall be avoided.
13. The provisions of the North Palm
Beach Village Code in regard to
bulk regulations and standards, and
those portions of the Village Code
which directly affect appearance,
shall be part of the criteria of this
subsection.
E SIGNS
1. Wall signs shall be part of the
architectural concept. Size, color,
lettering, location, and arrange-
ment shall be harmonious with the
building design, and shall be compat-
ible with signs on adjoining build-
ings. Signs shall have good
proportions.
2. Ground signs shall be designed to
be compatible with the architecture
of the building. The same criteria
applicable to wall signs shall apply
to ground signs.
3. Identification signs of a prototype
design shall conform to the criteria
for building and ground signs.
4. Materials used in signs shall have
good architectural character and be
harmonious with building design
and surrounding landscape.
5. Every sign shall have good scale in
its design and in its visual relation-
ship to buildings and surroundings.
6. Colors shall be used harmoniously
and with restraint. Excessive bright-
ness and brilliant colors shall be
§ IVAPPENDIX A—APPEARANCE PLAN
2049Supp. No. 75
avoided. Lighting shall be harmoni-
ous with the design. If external spot
or floor lighting is used, it shall be
arranged so that light source is
shielded from view.
7. The sign provisions of the North
Palm Beach Village Code shall be
part of the criteria of this subsec-
tion.
F MISCELLANEOUS STRUCTURES AND
STREET HARDWARE
1. Miscellaneous structures include any
structures, other than buildings, vis-
ible to view from any public way or
ways. Street hardware includes all
objects not commonly referred to as
structures and located in streets
and public ways and outside of build-
ings. (See Section VIII, DEFINI-
TIONS)
2. Miscellaneous structures and street
hardware located on private property
shall be designed to be part of the
architectural concept of design and
landscape. Materials shall be
compatible with buildings, scale shall
be good, colors shall be in harmony
with buildings and surroundings,
and proportions shall be attractive.
3. Miscellaneous structures and street
hardware located in public ways
and other public property shall be
harmonious with design of adjacent
buildings and other structures and
Village landscape.
4. Lighting in connection with miscel-
laneous structures and street
hardware shall meet the criteria
applicable to site, landscape, build-
ings, and signs.
5. The provisions of the Village of North
Palm Beach Village Code in regard
to bulk regulations and standards,
and those portions of the Village
Code which directly affect appear-
ance, shall be part of the criteria of
this subsection.
G MAINTENANCE—PLANNING AND
DESIGN FACTORS
1. Continued good appearance depends
upon the extent and quality of
maintenance. The choice of materi-
als and their use, together with the
types of finishes and other protec-
tive measures, must be conducive to
easy maintenance and upkeep.
2. Materials and finishes shall be
selected for their durability and wear
as well as for their beauty.
Proper measures and devices shall
be incorporated for protection against
the elements, neglect, damage and
abuse.
3. Provision for washing and cleaning
of buildings and structures, and
control of dirt and refuse, shall be
included in the design. Such
configurations that tend to catch
and accumulate debris, leaves, trash,
dirt, and rubbish shall be avoided.
H FACTORS FOR EVALUATION
The following factors and characteristics
relating to a development, and which
affect appearance, will govern the Appear-
ance Board's evaluation of a design
submission after the Board has been
advised by the Office of the Building
Official that the plan conforms to Village
ordinances:
LOGIC OF DESIGN
EXTERIOR SPACE UTILIZATION
ARCHITECTURAL CHARACTER
ATTRACTIVENESS
MATERIAL SELECTION
HARMONY AND COMPATIBILITY
CIRCULATION—VEHICULAR AND
PEDESTRIAN
MAINTENANCE ASPECTS
(Ord. No. 2020-06, § 7, 9-24-20)
SECTION V ADMINISTRATION
§ IV NORTH PALM BEACH CODE
2050Supp. No. 75
The Appearance Board will meet in public ses-
sion in accordance with the authority granted it
under the Appearance Code. The schedule and
agenda of meetings will be made public and
properly posted. Meetings will be held as called
by the Chairman.
Procedures for conduct of meetings and public
hearings, submission and review of proposals,
and processing of all other matters that come
before the Appearance Board, will be in accordance
with the Rules of Procedure as established by
the Village Appearance Board.
SECTION VI PARTICIPATION AND INCEN-
TIVES
PARTICIPATION
Significant success of the program to improve
and sustain the visual appearance of North Palm
Beach will depend in a large measure upon
broad cooperation and participation of all seg-
ments of the community.
An attractive and well maintained Village will
result in stable property values and a better
environment in which to live and work. It is the
responsibility of individuals, business and civic
groups, public officials and agencies, and the
residential community to participate in programs
to achieve this purpose.
The public-at-large must be made aware of the
objectives and duties of the Appearance Board
through programs of public relations and educa-
tion.
COMMUNITY PROJECTS
Privately and publicly supported projects which
improve the physical appearance of the Village
should be encouraged. Examples are those
sponsored by the service and garden clubs of
North Palm Beach and the Village Beautification
and Recreation Boards.
Opportunities for many other projects exist. One
of these is the improved appearance of com-
mercial properties along Northlake Boulevard
and U.S. Highway #1. Another is the encourage-
ment of improved design and location of all types
of public and utility structures.
In order to be most effective, efforts of this type
shall be coordinated through the Appearance
Board.
INCENTIVES FOR BETTER DESIGN SOLU-
TIONS
Excellence in design and planning, which may be
achieved through appropriate innovation and
imaginative concepts, should be encouraged. To
accomplish this, incentives should be developed
for guidance to designers and planners of future
developments within the Village.
Such incentives to good appearance will possibly
involve jurisdictional areas of other Boards of
the Village.
Changes to existing ordinances and regulations
may also be suggested. Specific incentives,
therefore, are not included in the Appearance
Plan. The Appearance Board may, however, make
recommendations to other Village Boards so that
incentives for improving the appearance of the
Village can be considered.
For example, consideration may be given to
variations in building height, required yards,
building set-backs, and other bulk requirements,
provided that such change will produce a more
logical and attractive use of property, and that it
will be beneficial rather than detrimental to the
surrounding area and the community.
Outstanding projects shall be given public recogni-
tion and adequate publicity along with citations
to those responsible for their development. Such
a program will be sponsored by the Appearance
Board as an incentive for higher quality in
appearance.
§ VIAPPENDIX A—APPEARANCE PLAN
2050.1Supp. No. 75
(14) Lots shall be numbered in numerical
order and blocks lettered alphabetically.
(15) Accurate location and description of monu-
ments and markers shall be described on
the plat.
(16) Minimum building front yard setback
lines.
(17) Reference to recorded subdivision plats
of adjoining platted land shall be shown
by record name, plat book and page
number.
(18) Covenants and restrictions shall be filed
for record with the clerk of the circuit
court and the recording information shown
on the plat.
(19) Signed certificates. The following
certificates shall appear on the final plat:
certificates (a), (b), shall be properly
signed before the final plat is submitted
to the planning commission.
(a) Certificate of surveyor.
(b) Certificate of ownership and dedica-
tion.
(c) Certificate of recommendation by
planning commission.
(d) Certificate of approval by the vil-
lage council.
Sec. 36-16. Reversion of subdivided land
to acreage.
(1) As provided for in F.S. chapter 163, an
applicant of any subdivided land may file a final
plat for the purpose of returning the land to
acreage. The applicant shall conform to the
standard procedures of filing a final plat as
described herein.
(2) The village council may order the vacation
and reversion to acreage of all or part of a
subdivision within its jurisdiction provided that:
(a) The plat was lawfully recorded not less
than five (5) years before the date of
action;
(b) No more than ten (10) percent of the total
area of such subdivision has been sold as
lots by the original subdivider or succes-
sor to his title.
(3) As per the requirements of F.S. chapter
163, a public hearing shall be held on any
proposal for vacation and reversion of land to
acreage.
(4) No owner of any parcel of land in the
subdivision shall be deprived of reasonable access
to such parcel as a result of reversion to acreage.
ARTICLE III. DESIGN STANDARDS
Sec. 36-17. General [standards; conformity
with comprehensive plan; soil
and flood hazards.]
All lands included within the subdivision shall
be suitable for the various purposes proposed in
the request for subdivision approval. Further, no
subdivision plan shall be approved unless the
village council finds, after full consideration of
all pertinent data, that the subdivision can be
served adequately and economically with such
normal public facilities and services as are suit-
able in the circumstances of the particular case.
(1)Conformity with comprehensive plans.
The subdividing and development of any
areas subject to these regulations shall
be in conformity with the general goals
and objectives of the village with respect
to the officially adopted comprehensive
plan; the official map which depicts the
thoroughfareplan;existingzoningrequire-
ments, including all amendments thereto;
policies and plans established by the
village with respect to lake levels,
navigational requirements and policies,
water supply, waste disposal and other
essential utilities; the overall drainage
plan; and policies for development in any
special improvement districts.
(2)Consideration of soil and flood hazards.
A subdivision plat shall not be approved
unless all land intended for use as build-
ing sites can be used safely for building
purposes, without danger from flood or
§ 36-17APPENDIX B—SUBDIVISIONS
2365Supp. No. 75
other inundation or from adverse soil or
foundation conditions or from any other
menace to health, safety or public welfare.
All subdivisions located within a flood
hazard zone shall meet the requirements
of section 36-31 of these regulations.
Sec. 36-18. Lots and blocks.
Lots and blocks shall be designed according to
acceptable practice for the type of development
and use contemplated so as to be aesthetically
acceptable; in keeping with the topography and
other site conditions and to provide adequate
traffic and utility access and circulation; accept-
able use of space; provide privacy, adequate
drainage and protection of property.
(1)Lot size.The lot size, width, depth, shape
and orientation, and the minimum build-
ing setback lines shall be appropriate for
the location of the subdivision and for the
type of development and use
contemplated. Lot dimensions and build-
ing setback lines shall meet all standards
for the applicable zoning district.
(2)Reserved.
(3)Access.Each lot shall abut on a public
street. Lots may not be configured so
that the portion fronting on a public
street is a narrow extension of the lot
primarily for vehicular or pedestrian
access. This requirement shall not be
construed to prohibit private streets
within developments where the land
remains under one ownership. The
subdivision shall be so designed that
remnants and land-locked areas shall
not be created.
(4)Lot lines.Side lot lines shall be, as nearly
as practical, at right angles to straight
street lines and radial to curved street
lines. No lot shall be divided by a
municipal boundary.
(5)Double frontage lots.Double frontage,
and reverse frontage lots, shall be avoided
except where essential to provide separa-
tion of residential development from traf-
fic arteries or to overcome specific
disadvantages of topography and orienta-
tion. A planting screen easement of at
least twenty (20) feet, and across which
there shall be no right of vehicular access,
shall be provided along the line of lots
abutting such traffic artery or other
inharmonious use.
(6)Block lengths.Block lengths shall not
exceed fourteen hundred (1400) feet or be
less than three hundred (300) feet, as
measured between center lines of bound-
ing streets. See section 36-19(16) for
streets ending in culs-de-sac.
(Ord. No. 2020-06, § 8, 9-24-20)
Sec. 36-19. Streets.
The arrangement, character, extent, width,
grade and location of all streets shall conform to
the comprehensive plan now in existence or as
may hereafter be adopted, and shall be considered
in their relation to existing and planned streets,
to topographical conditions, to public convenience
and safety, and in their appropriate relation to
the proposed uses of the land to be served by
such streets.
Where such is not shown in the comprehensive
plan now in existence or as may be hereafter
adopted, the arrangement of streets in a subdivi-
sion shall either: (a) Provide for the continuation
or appropriate projection of existing major streets
in surrounding areas, or (b) conform to a plan for
the neighborhood or be aligned to meet a particular
situation where topographical or other condi-
tions make continuance or conformance to exist-
ing streets impracticable.
All streets to be established within a subdivi-
sion shall meet the following minimum design
standards:
(1)Minor streets.Minor streets shall be so
laid out that use by through traffic will
be discouraged.
(2)Subdivisions on arterial streets.Where a
subdivision abuts or contains an existing
or proposed arterial street, the provision
by the subdivider of marginal access
streets, reverse frontage lots with plant-
ing screen contained in a nonaccess
§ 36-17 NORTH PALM BEACH CODE
2366Supp. No. 75
reservation along the rear property lines,
deep lots with rear service alleys or such
other treatment as may be necessary for
adequate protection of residential proper-
ties and to afford separation of through
and local traffic may be required.
(3)Subdivisions on railroads or limited access
highway.Where a subdivision abuts or
contains a railroad right-of-way or limited
access highway right-of-way, the provi-
sion by the subdivider of a street
approximately parallel to and on each
side of such right-of-way, at a distance
suitable for the appropriate use of the
intervening land, as for park purposes in
residential districts or for commercial or
industrial purposes in appropriate
districts may be required. Such distance
shall also be determined with due regard
for the requirements of approach grades
and future grade separations.
(4)Intersection design.Streets shall be laid
out to intersect as nearly as possible at
right angles and no street shall intersect
any other street at less than sixty (60)
degrees. Street jogs at intersections with
centerline offsets of less than one hundred
fifty (150) feet shall be prohibited.
Multiple intersections involving the
juncture of more than two (2) streets
shall be prohibited. A minimum sight
distance of two hundred (200) feet from
any intersection shall be maintained on
intersecting streets;however, this require-
ment shall not be construed as requiring
an increase in the minimum allowable
intersection separation of one hundred
fifty (150) feet.
(5)Minimum street design specifications.All
streets to be established in a subdivision
shall be designed in accordance with the
following minimum specifications:
Collector
Street
Local
Street
Marginal
Access
Minimum right-
of-way
80 ft. 60 ft. 40 ft.
Percent grade
of roadway
center line:
Minimum 0.30% 0.30% 0.30%
Geometric design shall comply with the latest
AASHTO requirements, or as specified in zoning
district standards.
Geometric design shall comply with the latest
AASHTO requirements.
(6)Culs-de-sac.
(a) Culs-de-sac shall be provided with a
turnaround having an outside
roadway diameter of at least eighty
(80) feet, and a street property line
diameter of at least one hundred
(100) feet. Culs-de-sac shall have a
minimum length of two hundred
(200) feet including the turnaround.
(b) Dead-end roads and streets may be
as long as necessary to properly
serve narrow island or narrow
peninsulas bounded by watercourses,
canals or other bodies of water the
crossing of which would require a
bridge; and dead-end roads and
streets may be as long as necessary
to serve properly other narrow land
areas formed by such water or
waterways in combination with
permanent obstructions such as
railroads, sewage treatment plants,
limited access highways and the
like.
(7)Street access to adjoining property.Street
stubs to adjoining unplatted areas shall
be provided at intervals of not over one-
quarter mile when required to give access
to such areas or to provide for proper
traffic circulation. Street stubs in excess
of two hundred fifty (250) feet shall be
provided with a temporary cul-de-sac
turnaround. The developer of the adjoin-
§ 36-19APPENDIX B—SUBDIVISIONS
2367Supp. No. 75
ing area shall pay the cost of restoring
the street to its original design cross-
section and extending the street.
(8)Half streets.Half streets shall be
prohibited, except that where a previ-
ously platted half street, improved or
unimproved, abuts a tract to be
subdivided, the second half of the street
shall be platted within the tract being
subdivided and the entire street shall be
improved when and as required in Article
IV of these regulations.
(9)Street names.Street names shall not be
used which will duplicate or be confused
with the names of existing streets, except
that new streets which are an extension
of or in alignment with existing streets
shall bear the same name as that borne
by such existing streets. The names of all
courts and circles shall not duplicate
those of streets.
(Ord. No. 2020-06, § 8, 9-24-20)
Sec. 36-20. Alleys.
In single-family residential districts, alleys
shall be discouraged. When provided in any
district, alleys shall have a minimum right-of-
way width of twenty (20) feet.
Sec. 36-21. Sidewalks.
Where provided, sidewalks shall be designed
as an integral part of the total circulation system
and shall be located within the street right-of-
way or common open areas.
Sec. 36-22. Easements and rights-of-way.
Easements for utilities including water, sewer,
electric, CATV, telephone and gas, and drainage
easements, shall be provided as follows:
(a)Utilities.Utility easements centered on
side or rear lot lines shall be provided
where deemed necessary, and shall be at
least fifteen (15) feet in width. Additional
width may be required for sewer or drain-
age easements. Side lot line easements
may be decreased to ten (10) feet in
width when serving a single electric or
telephone utility.
(b)Drainage.Where a proposed subdivision
is traversed by or abuts a watercourse,
drainage way or stream, there shall be
provided a stormwater or drainage right-
of-way which shall conform substantially
with the limits of such watercourse, drain-
age way, canal or stream, and such further
width or construction, or both, as will be
adequate for the purpose. Where a drain-
age way or canal is required to be
constructed, right-of-way approved as
adequate by the village engineer shall be
provided for maintenance purposes. Paral-
lel streets or parkways may be required
in connection therewith. No open drain-
age ditches shall be permitted within
any subdivision boundaries. Storm sewers
shall be covered and open ditches may be
permitted across undeveloped land only
as an outlet into an established
watercourse, if a right-of-way is provided.
See section 36-31(e).
(c)Access waterways.Waterways which are
constructed or improved for the purpose
of providing access by water to lots within
a subdivision shall have a minimum
right-of-way width of eighty (80) feet.
(See section 36-31(e).
Sec. 36-23. Public sites and open spaces.
(a) Where a proposed school site, park,
playground, public facility or other public area
shown on the adopted village plan is located in
whole or part within the proposed subdivision,
such sites shall be indicated on the preliminary
plat. As a condition for the approval of the
preliminary plat, the governing body shall require
the dedication to the public of such reasonable
portions of such public sites as are attributable
by the village to the demand created by the
subdivision.
(b) In any event, a minimum of five (5) percent
of the gross land area of the subdivision shall be
dedicated to public use. At the discretion of the
village council, the developer may be required to
§ 36-19 NORTH PALM BEACH CODE
2368Supp. No. 75
pay in cash an amount equal to the fair market
value of the required land, said fair market
value to be appraised on the basis of the value of
platted land without improvements.
(c) If the village council elects to require a
developer to pay in cash an amount equal to the
fair market value of the required land, such cash
contribution shall be utilized for parks and
recreational purposes or the construction or expan-
sion of any public facilities or other improve-
ments designed to mitigate the impacts of the
proposed subdivision as determined by the vil-
lage council.
(Ord. No. 3-91, § 1, 1-24-91; Ord. No. 06-01, § 5,
3-22-01; Ord. No. 29-2004, § 1, 10-28-04; Ord.
No. 2008-07, § 2, 4-10-08)
Sec. 36-24. Access to water bodies.
(a) Whenever a subdivision is situated with a
property frontage of one thousand (1,000) feet or
more abutting the shoreline of an ocean, gulf,
lake or navigable waterway, the subdivider shall
provide adequate public access to the shoreline
at intervals that average not more than one
thousand (1,000) feet by designation of public
access easements having widths not less than
twenty-five (25) feet. These easements are to be
improved by the subdivider as approved by the
planning commission.
(b) The village council may require that the
subdivider shall perpetually maintain said public
access easements by the creation of a trust fund
to bear cost of same or some other such provision
assuming perpetual care. The village council
may impose any condition or restriction it deems
in the public interest upon any public access
easement it may require under this ordinance
including restrictions of improvements placed
thereon.
Sec. 36-25. Subdivision entrances.
Areas for subdivision entrances may be permit-
ted in all subdivisions whether residential, com-
mercial or industrial. In the event such entrance
areas are authorized, the village council may
require that the subdivider shall perpetually
maintain said entrance areas by the creation of a
trust fund to bear cost of same or some other
such provision assuming perpetual care. The
village council may impose any condition or
restriction it deems in the public interest upon
any entrance area it may authorize under this
ordinance, including restrictions of improve-
ments placed thereon.
ARTICLE IV. REQUIRED
IMPROVEMENTS
Sec. 36-26. General [requirements.]
A Florida registered professional engineer shall
be employed to design and inspect the installa-
tion of all required improvements such as street,
drainage structures, bridges, bulkheads, and water
and sewer facilities. All plans for improvements
shall be prepared by such engineer and approved
by the village engineer prior to construction.
The designated inspector of the village shall
receive notice in adequate time to arrange for
inspection prior to beginning of construction and
at appropriate staged intervals thereafter. The
village engineer may require laboratory or field
test at the expense of the developer when appropri-
ate. Any failure of work or materials to conform
with the plans and specifications or failure to
notify the village in time for indicated inspec-
tions may be cause for the village council to
reject the facilities.
Sec. 36-27. Monuments.
(a)Permanent reference monuments.
Permanent reference monuments shall be placed
as required by F.S. chapter 177, as amended.
Monuments shall be set in the ground so that the
tip is flush or no more than one (1) foot below the
finish grade.
(b)Permanent control points.Permanent
control points shall be set along the street
rights-of-way or block lines at "PC's," "PT's,"
"PRC's," "PCC's,"and other changes in direction,
excluding those points located by "PRM's."
Sec. 36-28. Streets.
Street improvements designed in accordance
with section 36-19 of these regulations shall be
provided as required by the following:
(a)Arterial and collector streets.Pavement
design, lane widths and intersection
§ 36-28APPENDIX B—SUBDIVISIONS
2369Supp. No. 75
details for all arterial and collector streets
should conform to plans prepared by the
developer and approved by the village
engineer, after consultation with the
regional traffic authorities, as to projected
traffic flow, turning movements and other
design details made available from the
authorities. Collector streets which do
not have a regional impact must be a
minimum of twenty-four (24) feet in width
and include turning and storage lanes at
all major intersections and conform to
approved typical section.
(b)Marginal access streets.Marginal access
streets shall be twenty-four (24) feet
wide where adjacent parking is provided
for access to commercial or institutional
areas and may be reduced to twenty (20)
feet in width where no adjacent parking
exists.
(c)Curb and gutter.Standard curb and gutter
may be utilized in the village only where
its use is justified on the basis of limited
rights-of-way, steep grades preventing
the use of grass swales or in commercial
or institutional areas where the particular
site plan lends itself to the use of curb
and gutter.
(d)Swales.All standard street sections shall
utilize grass swales adjacent to the paved
area to receive runoff before conveyance
to storm drainage systems. Swales shall
be in accordance with approved typical
sections.
(e)Subgrade.Stabilization of subgrade may
be required to meet existing soil condi-
tions on a proposed site or may be waived
if natural soil bearing values are suf-
ficient to support the classification of
street to be constructed.
(f)Pavement base.All collector, local and
marginal access streets shall consist of
an eight-inch compacted thickness of
limerock or approved local shellrock.
Equivalent base material may also be
utilized as approved by the village
engineer.
(g)Wearing surface.All collector, local and
marginal access streets shall consist of a
one-and-one-half-inch compacted thick-
ness of type I asphaltic concrete surface
course or an equivalent as approved by
the village engineer.
Sec. 36-29. Sidewalks.
A system of sidewalks shall be provided by the
subdivider to provide for safe movement of
pedestrians separate from motor vehicle traffic.
Except as provided below, sidewalks shall be
provided along both sides of all streets, and
along all streets where adjacent land is zoned or
otherwise designated to be used for multiple-
family dwelling purposes or for mixed-use, com-
mercial and/or office purposes. As an alternative,
and as approved by the village council, sidewalks
in residential areas may be provided within
common open areas.
Sidewalks shall be constructed per standards
established by chapter [24], village Code.
(Ord. No. 2020-06, § 8, 9-24-20)
Sec. 36-29.1. Bikeways.
Where appropriate, bikeways shall be given
full consideration in the planning and develop-
ment of transportation facilities. However, the
establishment of bikeways is not required when
it is contrary to public safety, if the cost of doing
so is expressly disproportionate to the need or
probable use, or when other factors indicate an
absence of any need for such ways (re: F.S.
section 335.065). The village shall require bikeway
standards contained in the most recent edition of
Comprehensive Bicycle Plan for the West Palm
Beach Urban Study Area and especially Appendix
E, Florida Department of Transportation cur-
rent bikeway policies, definitions of facility types
and roadway design standards.
(Ord. No. 15-90, § 3, 6-28-90)
Sec. 36-30. Bridges.
Bridges shall be designed in general accord
with current practices as established by the
village engineer. Bridges shall be constructed
with curbs, the required paving width, and, in
addition, sidewalks at least five (5) feet wide on
§ 36-28 NORTH PALM BEACH CODE
2370Supp. No. 75
both sides. Guardrails or fences shall be provided
as required by the village engineer. (See chapter
[5], village Code).
Sec. 36-31. Stormwater management,
general.
The stormwater management system shall be
designed in accordance with accepted engineer-
ing principles for design floods resulting from
rainfall and tidal elevations experienced in the
Intracoastal Waterway for storm frequencies as
follows:
(a) Minimum street grade shall exceed
calculated flood levels resulting from a
ten-year frequency storm tide plus rainfall
runoff.
(b) The finished floor of all structures shall
exceed the one-hundred-year tidal flood-
ing and rainfall runoff level, but in no
case shall be less than eight and five-
tenths (8.5) feet above mean sea level.
(c) Stormdrainagefacilities,includingswales,
inlets and conduits shall be designed on
runoff predicted from a three-year
intensity rainfall curve in general use for
this area.
(d) Roadside swales within street rights-of-
way shall be constructed in accordance
with approved typical sections for the
subdivision under consideration. Swale
cross-sections shall be designed to carry
runoff up to the edge of pavement, or
edge of improved property adjacent to
the right-of-way. Surplus water from the
swales shall be diverted into a closed
storm drainage system or other approved
means. Placement of permitted trees in a
swale will be such that, as tree growth
occurs, the design and function of the
swale are not compromised.
(e) Open channels and outfall ditches for the
purpose of conveying storm runoff within
any subdivision development will not be
allowed. However, open channels connect-
ing to tidewater for the purpose of
navigational access to existing or proposed
waterways will be permitted provided
they are protected by concrete bulkheads
and have a minimum width of eighty (80)
feet and a minimum center line depth of
eight and zero tenths (8.0) feet. (See
section 36-22). (See chapter 5, Village
Code.)
(f) In order to minimize the degradation of
water quality in receiving bodies, the
proposed subdivision will be provided
with landscaped areas, grassed areas or
other natural vegetated areas to receive
runoff from buildings, pavement or other
impervious areas to the degree that pol-
lutants from these areas may be absorbed
by the vegetation or percolated into the
soil. No runoff from such impervious
areas shall be discharged directly into
any inlet or storm sewer without first
being given the opportunity to pass
through a natural vegetated area. All
potential areas of soil erosion shall be
protected to minimize siltation transport
by flowing water.
(g) The developer/owner of any site shall be
responsible for the on-site management
of stormwater runoff in a manner such
that postdevelopment runoff rates,
volumes and pollutant loads do not exceed
predevelopment conditions as per chapters
40E-4, 40E-40 and/or 40E-41, Florida
Administrative Code.
(h) The design of the stormwater manage-
ment system shall provide for protection
of nat-
§ 36-31APPENDIX B—SUBDIVISIONS
2370.1Supp. No. 75
APPENDIX C
ZONING*
Page
Article I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 2481
Sec. 45-1. Short title.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 2481
Sec. 45-2. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 2481
Sec. 45-3. Interpretation of provisions.. . . . . . . . . . . . . . .. . . . . . . . . . . . 2488
Sec. 45-4. Conflict of provisions.. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 2488
Sec. 45-5. Changes and amendments.. . . . . . . . . . . . . . . . . . . . .. . . . . . . 2488
Sec. 45-6. Penalty for violation of provisions.. . . . . . . . . .. . . . . . . . . . . 2489
Secs. 45-7—45-15. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 2489
Article II. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 2489
Sec. 45-16. Division of village into districts; districts enumerated.. 2489
Sec. 45-16.1. Similar uses. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2489
Sec. 45-16.2. Special exception uses.. . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2490
Sec. 45-17. Official zoning map. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 2491
Sec. 45-18. Boundary conflict interpretations.. . . . . . . . .. . . . . . . . . . . 2492
Sec. 45-19. Buildings and uses to conform to district regulations. . 2492
Sec. 45-20. Adult entertainment establishment.. . . . . . . . .. . . . . . . . . 2493
Sec. 45-21. Telecommunications antenna and antenna towers. . . . . 2497
Sec. 45-22. Oceanfront land—Ocean setback. . . . . . . . . . . . . .. . . . . . . 2498
Sec. 45-23. Emergency generators required for automotive service
stations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 2498
Sec. 45-24. Group living facilities. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 2499
Sec. 45-25. Reasonable accommodation procedure.. . . . . . . .. . . . . . . . 2499
Sec. 45-26. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2501
Article III. District Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2501
Sec. 45-27. R-1 single-family dwelling district. . . . . . . . .. . . . . . . . . . . 2501
Sec. 45-28. R-2 multiple-family dwelling district.. . . . . .. . . . . . . . . . . 2504
Sec. 45-29. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2506
Sec. 45-30. R-3 apartment dwelling district. . . . . . . . . . . . .. . . . . . . . . 2506
Sec. 45-31. C-MU US-1 mixed-use district.. . . . . . . . . . . . . . .. . . . . . . . 2507
Sec. 45-31.1. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2538
Sec. 45-32. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2538
Sec. 45-32.1. C-T transitional commercial district.. . . . .. . . . . . . . . . . 2538
Sec. 45-33. C-S shopping commercial district. . . . . . . . . . . .. . . . . . . . . 2539
Sec. 45-34. C-G general commercial district. . . . . . . . . . . . .. . . . . . . . . 2543
Sec. 45-34.1. C-3 regional business district. . . . . . . . . . . .. . . . . . . . . . . 2545
Sec. 45-35. Public district. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 2551
Sec. 45-35.1. Planned unit development.. . . . . . . . . . . . . . . .. . . . . . . . . 2551
*Editor’s note—The zoning ordinance of the village, and amendments thereof, are printed herein as set out in the 1970 Code
of the village. Amendatory provisions adopted after August 14, 1969, the cut-off date for the 1970 Code, are cited in parentheses
following the amended section. Words appearing in brackets [ ] herein have been added by the editor for clarification, except that
obviously misspelled words have been corrected without notation. Ordinances changing the zoning maps are not included herein.
The zoning map referred to in this ordinance is not printed herein but is on file. The zoning ordinance of the village was included
as Chapter 45 of 1970 Code, hence the prefix "45"to the section numbers.
Cross references—Enforcement of App. C by code enforcement board, § 2-171 et seq.; home occupations, § 17-2; planning
and development, Ch. 21; streets, sidewalks and public places, Ch. 24; appearance plan, App. A; subdivision regulations, App.
B.
2479Supp. No. 75
Page
Sec. 45-35.2. OS conservation and open space district.. . . .. . . . . . . . 2563
Sec. 45-35.3. C-NB Northlake Boulevard commercial district. . . . . . 2563
Sec. 45-36. General provisions.. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2598
Sec. 45-37. Historic site overlay district.. . . . . . . . . . . . . .. . . . . . . . . . . 2612
Sec. 45-38. I-1 light industrial district. . . . . . . . . . . . . . .. . . . . . . . . . . . 2618
Sec. 45-39. Medical marijuana treatment center dispensing facili-
ties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 2633
Articles IV, V. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2633
Secs. 45-40—45-48. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 2633
Article VI. Amendments—Fees; Waiting Periods . . . . . . . . . . . . . . . . . . . . . . . . . 2634
Sec. 45-49. Applications for rezoning, etc.. . . . . . . . . . . . .. . . . . . . . . . . 2634
Sec. 45-50. Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2634
Sec. 45-51. Waivers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2634
Secs. 45-52—45-59. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 2636
Article VII. Nonconforming Uses of Land and Structures . . . . . . . . . . . . . . . 2636
Sec. 45-60. Intent.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 2636
Sec. 45-61. Extension and enlargement of nonconforming uses. . . . 2636
Sec. 45-62. Nonconforming lots of record. . . . . . . . . . . . . . . .. . . . . . . . . 2636
Sec. 45-63. Nonconforming uses of land. . . . . . . . . . . . . . . . . .. . . . . . . . 2636
Sec. 45-64. Nonconforming structures.. . . . . . . . . . . . . . . . .. . . . . . . . . . 2636
Sec. 45-65. Nonconforming uses of structures or of structures and
premises in combination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2638
Sec. 45-66. Repairs and maintenance. . . . . . . . . . . . . . . . . . . .. . . . . . . . 2638
Sec. 45-67. Temporary uses. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 2639
Sec. 45-68. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2639
Secs. 45-69—45-80. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 2639
Article VIII. Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2539
Sec. 45-81. Intent.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 2539
Sec. 45-82. Administration. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2539
Sec. 45-83. Landscape areas in the C-NB zoning district. . . .. . . . . . 2640
Sec. 45-84. Plant quality, species, and installation. . . . .. . . . . . . . . . . 2641
Sec. 45-85. Prohibited and invasive plants. . . . . . . . . . . . . .. . . . . . . . . 2641
Sec. 45-86. Submission requirements for landscaping. . . . .. . . . . . . . 2641
Sec. 45-87. Criteria for required landscaping. . . . . . . . . . .. . . . . . . . . . 2642
Sec. 45-88. Miscellaneous landscape elements. . . . . . . . . . .. . . . . . . . . 2645
Sec. 45-89. Landscape requirements for off-street parking lots.. . . . 2646
Sec. 45-90. Landscape requirements for site perimeters. . .. . . . . . . . 2647
Sec. 45-91. Landscape requirements for base of foundation.. . . . . . . 2648
Sec. 45-92. Landscape maintenance.. . . . . . . . . . . . . . . . . . . .. . . . . . . . . 2649
Sec. 45-93. Irrigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 2649
Sec. 45-94. Pruning.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2650
NORTH PALM BEACH CODE
2480Supp. No. 75
ARTICLE I. IN GENERAL
Sec. 45-1. Short title.
The provisions embraced within this ordinance
shall be known as the "zoning code"and may be
so cited.
Sec. 45-2. Definitions.
For the purpose of this Code, certain words
and terms are defined as follows:
Accessory use is a use customarily incident
and accessory to the principal use of land or
building located on the same lot.
Accessory building or structure shall include a
building or structure customarily incident and
accessory to the principal use of land or building
located on the same lot. In the R-1 residential
dwelling district, accessory buildings shall be
limited to an open-air pavilion and an automobile
garage. In the R-2 dwelling district, an accessory
building shall be limited to an automobile garage.
Adult entertainment.Adult entertainment
means any adult arcade, adult theater, adult
booth, adult bookstore/adult video store, adult
motel or adult dancing establishment as defined
in Ordinance No. 88-31, Palm Beach County
Adult Entertainment Code; or any establish-
ment or business operated for commercial gain
where any employee, operator or owner exposes
his/her specified anatomical area for viewing by
patrons, including but not limited to: massage
establishments whether or not licensed pursu-
ant to Chapter 480, Florida Statutes, tanning
salon, modeling studio, or lingerie studio.
Antenna is a transmitting or receiving device
used in communications that radiates or captures
electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar
signals), wireless telecommunications signals or
other communication signals. (See antenna tower
for applicable regulations).
Antenna tower is a guyed, monopole or self-
supporting structure, whether free standing or
attached to another structure, containing one or
more antennas intended for transmitting or receiv-
ing television, AM/FM radio, digital, microwave,
cellular, telephone or similar form of electronic
communication.
Antiques:Objects of an earlier period such as
furniture, jewelry, stamps, coins, miniaturized
replicas, works of art, or other decorative articles
that are collected primarily because of their age,
history, or expectation of increasing value.
Assisted Living Facility means a facility licensed
by the agency for health care administration
which provides housing, meals and personal care
and services to adults for a period exceeding
twenty-four (24) hours, as defined in F.S. § 429.02,
as amended.
Building is any structure, either temporary or
permanent, having a roof or other covering and
designed for the shelter or enclosure of any
person, animal or property.
Child care facility means a licensed facility
with more than five (5) children that are unrelated
to the operator of the facility and which complies
with F.S. ch. 402.
Community residence is a facility that provides
lodging for more than three (3) unrelated persons
occupying the whole or part of a dwelling as a
single housekeeping unit sharing common living,
sleeping, cooking and/or eating facilities and
which may operate on a referral basis from state,
county or local social services agencies or self-
help programs or be affiliated with a treatment
or rehabilitation program. A community residence
shall not include a licensed community residential
home or a licensed assisted living facility. A
community residence is not a permitted use
within any residential zoning district and may
only be established through the reasonable accom-
modation process.
Community residential home as defined in F.S.
ch. 419, means a dwelling unit licensed to serve
residents who are clients of the department of
elderly affairs, the agency for persons with dis-
abilities, the department of juvenile justice, or
the department of children and families or licensed
by the agency for health care administration
which provides a living environment for seven
(7) to fourteen (14) unrelated residents who
operate as the functional equivalent of a family,
§ 45-2APPENDIX C—ZONING
2481Supp. No. 75
including such supervision and care by sup-
portive staff as may be necessary to meet the
physical, emotional, and social needs of the
residents.
Decorative post structure is the support base
for a light fixture and shall comply with the
following requirements:
(1) The installation of a decorative post
structure shall comply with all village
building, electrical and zoning codes.
(2) Free standing.
(3) Conform with the architectural design of
the main building veneer.
(4) May be located within the main building
setback areas.
(5) Not more than two (2) decorative post
structures per driveway entrance and
not more than four (4) decorative post
structures per lot.
(6) Not more than thirty (30) inches in width
and depth and/or diameter.
(7) Not less than eighteen (18) inches setback
from any lot line.
(8) Not more than thirty six (36) inches in
height without a fixture. Exception: Not
more than seventy-two (72) inches in
height without a fixture when setback a
minimum of thirty-five (35) feet from any
side lot line or rear lot line on corner lots
and not less than thirty-six (36) inches
from any public right-of-way.
Detached fence storage area is a storage area
attached to a fence erected on the property line
in conformance with fence requirements of the
North Palm Beach Code. Such storage area shall
not exceed three (3) feet in depth nor be longer or
higher than the fence to which it is attached.
Said storage area shall be constructed of the
same material, design and color as the fence to
which it is attached and the fence and storage
area shall be constructed of opaque materials
which properly screen the interior of the storage
area from the view of the adjacent property
owners. Detached fence storage areas shall not
be erected closer to the street than the adjacent
front wall of the main building. No such storage
area shall be erected unless its construction
conforms to village ordinances.
Drug store is an establishment that combines
a pharmacy with the sale of products typically
associated with a convenience store, and provides
services such as photo processing or basic health
assessments (such as vaccinations or minor
examinations). These uses are subject to
additional regulations regarding the dispensing
of controlled substances set forth in section
45-36.T of this chapter.
Dwelling is any building or structure designed
exclusively for residential occupancy. A dwelling
may be designed for one-family, two-family or
multiple-family occupancy, but not including
hotels, clubs, motels, boarding or lodging houses
or house trailers whether such trailers be mobile
or located in stationary fashion as when on
blocks or other foundation.
Dwelling unit is a single unit providing
complete, independent living facilities for one (1)
or more persons including permanent provisions
for living, sleeping, eating, cooking and sanita-
tion. For purposes of computing residential density
in commercial zoning districts that allow mixed
uses, a dwelling unit that contains only one
bedroom, or no separate bedroom, will be counted
as one-half () a dwelling unit.
Family shall mean one (1) or more persons
living in the same single or multiple family
dwelling as a single housekeeping unit sharing
common living, sleeping, cooking and/or eating
facilities, all of whom are related by blood,
marriage or adoption, or a group of persons all of
whom are not so related which does not exceed
three (3) unrelated persons in number. This
term shall not include the occupants of a com-
munity residential home or an assisted living
facility.
Family day care home is an occupied residence
in which child care is regularly provided for five
(5) or fewer preschool children from more than
one unrelated family and which receives a pay-
ment, fee or grant for any of the children receiv-
ing care, whether or not operated for profit. The
maximum five (5) preschool children shall include
§ 45-2 NORTH PALM BEACH CODE
2482Supp. No. 75
preschool children living in the home and
preschool children received for day care and not
related to the resident caregiver. Elementary
school siblings of the preschool children receiv-
ing day care may also receive day care outside of
school hours provided the total number of children,
including the caregiver's own and those related
to the caregiver, does not exceed ten (10).
Floor area is all usable floor space within the
exterior walls of a structure.
Front, side and rear line of a building shall be
deemed and construed to include both the main
portion of such structure and all projections
therefrom, including any garage, carport or an
extended roof beyond the normal eave or cornice
forming a cover or roof over an entrance to such
dwelling. Any awnings or shutters supported by
vertical posts, columns or pipes shall also
constitute the building line. The building line
shall not include the eaves of such structures nor
any open terraces, stoops, steps, or planting
boxes which do not extend more than four (4) feet
above the level of the yard grade.
Exception. Cantilevered canvas awnings may
extend no more than eight (8) feet into the
required front, side or rear setback and shall be
set back two (2) feet from the side property line.
Front yard is that area between the front
building line and the front line of the lot, and
extending from one (1) side line to the other.
Lamp post is a free standing structure that is
not more than four (4) inches in width and depth
and/or diameter and not more than eighty-four
(84) inches in height. The installation of a lamp
post shall comply with all village building, electri-
cal and zoning codes. A lamp post may be
installed within the main building setback area.
Liner building means a separate building
along a street or other public space that hides
parking or blank walls from view.
Living area is that area within any dwelling
or rooming unit, measured between the inner
sides of the exterior walls, made usable for
human habitation, with the following excep-
tions: Any utility room or storage space that is
not accessible from within the principal structure;
all common corridors, hallways or exits provided
for access or vertical travel between stories of
apartments of multifamily units.
Lot is a parcel of land occupied or to be
occupied by one (1) main building and its acces-
sory buildings with such open and parking spaces
as are required by the provisions of this ordinance,
and having its principal frontage upon a street.
Lot of record is a part of the land subdivision,
the map of which has been recorded in the office
of the clerk of the court of Palm Beach County,
Florida.
Mechanical equipment means necessary or
accessory equipment mounted on or adjacent to a
principal structure, including but not limited to
central air conditioning equipment, ventilation
equipment, generators, heating equipment, anten-
nas, satellite dishes, refrigeration equipment,
household appliances, solar and conventional
hot water heaters, elevator machinery and similar
type equipment.
Medical or dental office or clinic means a
facility providing health care services to the
public by physicians, dentists, chiropractors,
osteopaths, physical therapists, nurses,
acupuncturists, podiatrists, optometrists,
psychiatrists, veterinarians, or others who are
duly licensed to practice their respective medical
or dental profession in the State of Florida, as
well as those technicians and assistants who are
acting under the supervision and control of a
licensed health care practitioner. These uses
shall not include establishments where patients
are lodged overnight and are subject to additional
regulations regarding the dispensing of controlled
substances set forth in section 45-36.S of this
chapter. Notwithstanding the foregoing, acces-
sory uses for veterinary clinics include day and
overnight boarding for patients and outside runs
and exercise areas for dogs.
Medical marijuana treatment center dispens-
ing facility. A retail facility established by a
licensed medical marijuana treatment center
that sells or dispenses marijuana, products
containing marijuana, or related supplies, but
does not engage in any other activity related to
the preparation, wholesale storage, distribution,
§ 45-2APPENDIX C—ZONING
2483Supp. No. 75
transfer, cultivation, or processing of any form of
marijuana, marijuana products, or related sup-
plies.
Mixed-use means a development pattern where
complementary uses of land are located within
walking distances. Complementary uses may
include retail commercial; non-retail commercial
such as offices; lodging uses; civic and education
uses;and dwellings other than one family detached
dwellings.
Mobile home park means a residential tenancy
in which a mobile home is placed upon a rented
or leased lot in a park in which ten (10) or more
lots are offered for rent or lease.
Motel is a group of two (2) or more attached,
detached, or semidetached buildings containing
guest rooms or apartments with automobile stor-
age or parking space provided in connection
therewith, designed and used primarily by
automobile transients.
Non-retail commercial means any business
classified as other than "retail trade"using the
Standard Industrial Code(S.I.C.) System, provided
that such business is permitted by the Village
Code of Ordinances.
Occupied shall be deemed to include the words
"arranged," "designed "or "intended to be
occupied."
Open-air pavilion means a detached ancillary
structure, open on all sides, with a partial to full
roof covering of some type used for recreation,
entertainment, contemplation or meditation
purposes. This definition shall include all types
of chickee or tiki huts, pergolas, gazebos, and
other pavilion-type structures.
Personal care shall mean general responsibil-
ity for the safety of the resident while inside a
residential building. Personal care includes, but
is not limited to, daily awareness of the resident's
functioning and whereabouts, making and remind-
ing a resident of appointments or providing
transportation, the ability and readiness for
intervention in the event of a resident experienc-
ing a crisis, and/or supervision in the areas of
nutrition and medication.
Pharmacy is an establishment primarily
engaged in the retail sale of a variety of prescrip-
tion and non-prescription drugs and medicines,
prosthetic supplies, surgical instruments and
supplies, and sale and/or rental of aids for
invalids. These uses are subject to additional
regulations regarding the dispensing of controlled
substances set forth in section 45-36.T of this
chapter.
Principal building or structure is the building
or structure in which the principal use of the lot
is conducted.
Principal use is the primary or predominant
use of any lot.
Rear yard is that area between the rear
building line and the rear lot line, and extending
from one (1) side line to the other. On all lots the
rear yard shall be in the rear of the front yard
facing the street.
Resident of a community residential home
means any of the following: an aged person as
defined in F.S. ch. 400; a physically disabled or
handicapped person as defined in F.S. ch. 760; a
developmentally disabled person as defined in
F.S. ch. 393; a nondangerous mentally ill person
as defined in F.S. ch. 394; or a child as defined in
F.S. ch. 39. Residents, as defined in F.S. chapters
400, 760, 393 and 394, shall not reside in the
same community residential home as a child as
defined in F.S. ch. 39.
Retail commercial means any business classi-
fied as a "retail trade"establishment using the
Standard Industrial Code(S.I.C.) System, provided
that such business is permitted by the Village
Code of Ordinances.
Satellite television antenna is an apparatus
capable of receiving communications from a
transmitter or a transmitter relay located in
planetary orbit. Usable satellite signal is a
signal which, when viewed on a conventional
television set, is at least equal in picture quality
to that received from local commercial television
stations or by way of cable television. Satellite
§ 45-2 NORTH PALM BEACH CODE
2484Supp. No. 75
dish antennas may be erected as an accessory
structure in R-1 and R-2 zoning districts, subject
to the following restrictions:
(1) The satellite television antenna shall be
mounted on the ground only, and shall be
located only in the rear yard of any lot.
The satellite television antenna shall be
placed so that there shall be a rear and
side yard of not less than five (5) feet, or
if a corner lot, a side street yard of not
less than twenty (20) feet.
(2) Such antenna shall not exceed fifteen
(15) feet in height, including any platform
or structure upon which said antenna is
mounted or affixed. Such antenna may
not exceed fifteen (15) feet in diameter.
(3) Installation of a satellite television
antenna shall comply with the village
building codes, electrical codes, zoning
codes and other village codes that may
apply thereto.
(4) Not more than one (1) satellite television
antenna shall be allowed on any lot.
(5) Satellite television antennas shall meet
all manufacturer specifications, be of
noncombustible and corrosive-resistant
material, and be erected in a secure,
wind-resistant manner. Every such
antenna must be adequately grounded
for protection against a direct strike of
lightning.
(6) Satellite television antenna shall be
screened from all adjoining private
property by an opaque fence, an opaque
wall or by natural landscape planting so
planted as to provide maximum opacity
that is a minimum of six (6) feet in height
from grade.
Setback means the distance measured from a
side, rear and front lot line or from the currently
designated ultimate right-of-way line (i.e., federal,
state, county and village) to the closest point
within the lot that may be occupied by a building
or an accessory structure. Front setbacks shall
be based on the platted front line of the property
or on the ultimate right-of-way line as determined
by the village.
Side yard is that area between the side build-
ing line and the side line of the lot and extending
from the front building line to the rear building
line.
Story is that portion of a building between the
surface of any floor and the surface of the floor
next above it, or, if there be no floor above it,
then the space between any floor and the ceiling
next above it.
Street is any public or private thoroughfare
which affords the principal means of access to
abutting property. It may be designated on the
map as a street, avenue, boulevard, drive, place,
court, road, terrace, way, circle, lane, walk, path
or otherwise.
Structure is anything constructed or erected
with a fixed location on the ground, or attached
to something having a fixed location on the
ground.
Time-share unit is a dwelling unit in which
the right of use or occupancy circulates among
various persons for specific periods of time less
than one (1) year in accordance with a fixed time
schedule.
Traditional chickee hut means a type of chic-
kee hut that consists solely of an open-sided
wooden hut with a thatched roof of palm or
palmettoorothertraditionalmaterialsconstructed
by the Miccosukee Tribe of Indians of Florida or
the Seminole Tribe of Florida and that does not
incorporate any electrical, plumbing or other
non-wood features.
Transient commercial means any one, or a
combination of the following businesses oriented
to serving either village residents or the motor-
ing public (i.e. in transit through or visiting the
area); (1) the sale of fuel, convenience goods
and/or minor vehicular repair services; (2) hotel
and/or motel accommodations; (3) restaurant
facilities; (4) florist, tobacco store and stand, and
hobbies, toys and games.
Use group means any of the four ((4) groups of
allowable uses that certain zoning districts employ
to define uses that are permitted by right,
permitted by special exception only, or are not
permitted in that zoning district. The four (4)
§ 45-2APPENDIX C—ZONING
2485Supp. No. 75
groups are Residential Uses, Lodging Uses, Busi-
ness Uses, and Civic & Education Uses. The
following terms are used in these use groups:
RESIDENTIAL USE-GROUP DEFINITIONS:
Assisted living facility is defined earlier
in section 45-2.
Community Residential Home is defined
earlier in section 45-2.
Dwelling, all other dwelling types (see
definition of dwelling and dwelling unit
earlier in section 45-2).
Dwelling, one family detached (single-
family dwelling) is a building containing
one (1) dwelling unit that is not attached
to any other dwelling by any means (see
definition of dwelling and dwelling unit
earlier in section 45-2).
Live/work unit is a single dwelling unit
in a detached building, or in a multifam-
ily or mixed-use building, that also accom-
modates permitted commercial uses
within the dwelling unit.
Mobile home park is defined earlier in
section 45-2.
LODGING USE-GROUP DEFINITIONS:
Bed and breakfast establishment is a
dwelling unit or guest rooms personally
and physically operated and occupied by
an owner or manager where transient
guests are permitted to reside and are
provided breakfast in exchange for pay-
ment.
Hotel is a facility offering transient lodg-
ing accommodation to the general public
and which may include additional facili-
ties and services such as restaurants,
meeting rooms, entertainment, personal
services, and recreational facilities.
Motel is defined earlier in section 45-2.
Time-share unit is defined earlier in sec-
tion 45-2.
BUSINESS USE-GROUP DEFINITIONS:
Adult Entertainment is defined earlier in
section 45-2.
Brewery with offsite distribution is an
establishment primarily engaged in the
production and distribution of beer, ale
or other malt beverages, and which may
include accessory uses such as tours of
the brewery, retail sales, and/or on-site
consumption, e.g., a "taproom."
Contractor and trade operation is an
establishment that is primarily engaged
in providing an off-site service but which
maintains a business office and inven-
tory or equipment at a central location,
such as a general contractor or subcontrac-
tor, pest control operator, caterer, surveyor,
etc.
Convenience store with fuel is an establish-
ment that provide limited services primar-
ily to the motoring public such as fuel
sales, car washing, or car detailing, and
that may also sell merchandise including
food and beverages.
Dog daycare is an establishment provid-
ing daytime care and training for domestic
dogs and other pets.
Drive-through facility is any establish-
ment that provides physical facilities
which allow its customers to obtain food
or goods, receive services, or be entertained
while remaining in their vehicles.
Garage, Parking.A building or structure
or portion thereof used exclusively for
the storage or parking of automobiles.
Service other than storage shall be limited
to refueling, lubrication, and detailing.
Heavy commercial and light industrial is
any commercial or industrial use that
the Village of North Palm allows only in
the C-G and I-1 zoning districts or does
not allow in any zoning district, includ-
ing, but not limited to:
• Contractor and trade operation
• Junkyard
• Kennel (commercial)
• Limited access self-storage facil-
ity
• Light manufacturing
§ 45-2 NORTH PALM BEACH CODE
2486Supp. No. 75
• Vehicle sales or repair
• Warehouse
Limited access self-storage facility is an
enclosed structure primarily for indoor
storage.
Medical marijuana treatment center is
defined earlier in section 45-2.
Medical marijuana treatment center
dispensing facility is defined in in section
45-38 and prohibited in section 45-39.
Offices, general is a room or group of
rooms used to conduct the affairs of a
business, profession, service, or govern-
ment and generally furnished with desks
tables, files, and communication equip-
ment. A medical or dental office or clinic
is not considered 'Offices, general'for
purposes of this Code.
Office or clinic, medical or dental (see
definition of medical or dental office or
clinic earlier in section 45-2; also see
additional regulations in subsections
45-36.S and 45-36.T).
Restaurant or cocktail lounge is an
establishment where food and drink are
prepared, served, and consumed mostly
within the principal building; outdoor
seating is subject to separate provisions
in this Code. A brewpub or brewery
taproom shall be considered a restaurant
or lounge provided that there is no offsite
distribution or wholesaling.
Stores & services, general means establish-
ments that sell food or merchandise or
provide personal or professional services,
including, but not limited to, the follow-
ing uses that are defined earlier in sec-
tion 45-2: drug store; non-retail
commercial; office or clinic, medical or
dental;personal care;pharmacy;and retail
commercial. The following uses are not
considered 'Stores & services, general' for
purposes of this Code:
• Stores & services, large format
• Adult entertainment
• Contractor and trade operation
• Convenience store with fuel
• Dog daycare
• Drive-through facility (for any
use)s
• Garage, parking
• Heavy commercial and light
industrial
• Limited access self-storage facili-
ties
• Medical marijuana treatment
center
• Medical marijuana treatment
center dispensing facility
• Restaurant or cocktail lounge
• Telecommunications antenna
• Vehicle sales or repair
Stores & services, large format has the
same meaning as Stores & services,
general as defined by this Code, except
that the establishment contains over fifty
thousand (50,000) square feet of enclosed
floor area.
Telecommunications antenna include
antenna towers (see definition of antenna
and antenna tower earlier in section
45-2).
Vehicle sales or repair includes any
establishment that repairs or displays
and sells new or used motor vehicles
including automobiles, motorcycles, golf
carts, trucks, watercraft, recreational
vehicles, and trailers.
CIVIC & EDUCATION USE-GROUP DEFINI-
TIONS:
Child care facility is defined earlier in
section 45-2.
Church or place of worship means a
premises or structure used primarily or
exclusively for religious worship and
related religious services on a permanent
basis by a tax-exempt religious group,
sect, or denomination registered as a
not-for-profit organization pursuant to
Section 501(C)(3) of the United States
Internal Revenue Code, as amended. A
§ 45-2APPENDIX C—ZONING
2487Supp. No. 75
church or place of worship may include
retreat site camp, convent, seminary or
similar facilities operated for religious
activities.
Civic space is a small outdoor space that
serves as a focal point for civic and
recreational uses. Civic spaces are typi-
cally constructed by landowners when
they build on adjoining property.
Family day care is defined earlier in
section 45-2.
Government buildings are provided by
village, state, regional, or federal agen-
cies to carry out public purposes.
Hospital or medical center means a facil-
ity which provides primary, secondary, or
tertiary medical care, emergency medical
services, including preventative medicine,
diagnostic medicine, treatment and
rehabilitative service, medical training
programs, medical research, and may
include association with medical schools
or medical institutions.
Public space is an outdoor space that is
maintained by a government, private or
nonprofit entity as a civic amenity for the
general public. Public spaces include,
but are not limited to, plazas, parks,
playgrounds and water accesses.
School, public or private means an institu-
tion of learning which conducts regular
classes and courses of study required for
accreditation as an elementary or second-
ary school by the State Department of
Education of Florida.
Used shall be deemed to include the words
"arranged," "designed"or "intended to be used."
Yard is the open space on the same lot with
the main building, unoccupied and unobstructed
from the ground upward.
Xeriscape means a method of water conserva-
tion gained through the utilization of trees,
shrubs, vines, plants, groundcover and turf grasses
which are drought tolerant. The implementation
of appropriate planning and design, use of soil
amendments, efficient irrigation, practical turf
grass, use of drought tolerant plants, mulches
and appropriate maintenance results in reduced
water consumption but still provides a very wide
range of attractive landscaping alternatives.
(Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82;
Ord. No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1,
6-28-90; Ord. No. 21-90, § 1, 6-28-90; Ord. No.
23-90, § 1, 6-28-90; Ord. No. 10-95, § 1, 3-23-95;
Ord. No. 23-95, § 1, 7-17-95; Ord. No. 29-95, § 1,
9-28-95; Ord. No. 4-98, § 1, 1-2-98; Ord. No.
05-2001, § 1, 3-8-01; Ord. No. 26-2001, § 1,
8-23-01; Ord. No. 2009-04, § 2, 4-23-09; Ord. No.
2010-21, § 4, 11-18-10; Ord. No. 2011-02, § 2,
2-10-11; Ord. No. 2012-03, § 2, 3-22-12; Ord. No.
2015-10, § 2, 6-11-15; Ord. No. 2017-21, § 2,
12-14-17; Ord. No. 2017-22, § 2, 12-14-17; Ord.
No. 2020-06, § 9, 9-24-20)
Cross reference—Definitions for Code in general, § 1-2.
Sec. 45-3. Interpretation of provisions.
In interpreting and applying the provisions of
this ordinance, they shall be held to be the
minimum requirements for the promotion of the
public health, safety, morals and general welfare
of the community.
Sec. 45-4. Conflict of provisions.
(1) It is not intended by this ordinance to
interfere with or abrogate or annul any ease-
ments, covenants or other agreements between
parties.
(2) That where village codes and ordinances
impose a greater restriction upon the use of
buildings or premises, or upon the height of
buildings, or requires larger open spaces than
are imposed or required by other rules, regula-
tions, easements, covenants, or agreements, the
provisions of Villages codes and ordinances shall
control.
(Ord. No. 2020-06, § 10, 9-24-20)
Sec. 45-5. Changes and amendments.
The village council may, from time to time, on
its own motion or on petition, amend, supple-
ment, change, modify or repeal by ordinance the
boundaries or districts or regulations or restric-
tions herein established, after public hearing.
§ 45-2 NORTH PALM BEACH CODE
2488Supp. No. 75
Sec. 45-6. Penalty for violation of provi-
sions.
Any person who shall violate any of the provi-
sions of this ordinance or fail to comply therewith
or with any of the requirements thereof, or who
shall build or alter any building in violation of
any detailed statement or plan submitted and
approved thereunder, upon conviction thereof
shall be punished as provided in section 1-8 [of
the village Code], and each day such violation
shall be permitted to exist shall constitute a
separate offense. The owner or owners of any
buildings or premises or part thereof, where
anything in violation of this ordinance shall be
placed, or shall exist, and any architect, builder,
contractor, agent, person or corporation employed
in connection therewith shall each be guilty of a
separate offense and upon conviction thereof
shall be punished as provided in section 1-8.
Secs. 45-7—45-15. Reserved.
ARTICLE II. GENERALLY
Sec. 45-16. Division of village into
districts; districts enumerated.
In order to classify, regulate and restrict the
uses of land and buildings, the height and bulk of
buildings, the amount of open spaces about
buildings, intensity of land use, the Village of
North Palm Beach, Florida is divided into twelve
(12) zoning districts, as follows:
R-1 Single-family dwelling district
R-2 Multiple-family dwelling district
R-3 Apartment dwelling district
C-MU US-1 mixed-use district
C-T Transitional commercial district
C-S Shopping commercial district
C-G General business district
C-3 Regional mixed-use district
P Public district
OS Conservation and open space
I-1 Light industrial district
C-NB Northlake Boulevard commercial
district
In the creation of this ordinance of the respec-
tive districts, the village council has given due
and careful consideration to the peculiar suit-
ability of each district for the particular uses and
regulations applied thereto and to the densities
of population, all in accordance with the
comprehensive development plan of the village.
(Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73,
§ 1, 9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord.
No. 1-95, § 1, 3-23-95; Ord. No. 33-97, § 1,
7-10-97; Ord. No. 2020-06, § 11, 9-24-20)
Sec. 45-16.1. Similar uses.
(a) The community development director shall
determine which uses proposed within a com-
mercial or mixed-use zoning district have
substantially the same characteristics as a use
specifically listed as a permitted use. Proposed
uses with characteristics that are similar to a
permitted use, but not substantially the same,
may be established only upon written applica-
tion to the community development director for a
special use permit.
(b) In evaluating an application for a special
use permit for the establishment of a similar use,
the community development director shall, in
consultation with other village departments,
consider the characteristics of the proposed use,
including, but not limited to, size, intensity,
density, operating hours, demands for public
facilities, traffic impacts and business practices.
(c) Upon review and evaluation of the applica-
tion, the community development director shall
present his or her recommendation to the village
council for final consideration on the next avail-
able council agenda.
(d) The village council shall conduct a public
hearing on the application for special use permit
and determine whether the application meets
the criteria set forth in subsection (b) above.
Public notice is not required for special use
permit hearings. The village council shall grant
or deny the application by written order.
(e) In granting a special use permit, the vil-
lage council may impose conditions necessary to
ensure that the proposed use:
(1) Is compatible with the existing or planned
character of the neighborhood in which it
would be located;
§ 45-16.1APPENDIX C—ZONING
2489Supp. No. 75
(2) Will not have an adverse impact upon
adjacent properties; and
(3) Will not interfere with the use of adjacent
properties.
Such conditions may include restrictions on
the size and operating hours of the proposed
use.
(f) If the conditions imposed by the special
use permit are not met, the community develop-
ment director may revoke the permit. A permit
holder may appeal the revocation of a special use
permit by filing an appeal, in writing, to the
Planning Commission within thirty (30) days of
receipt of written notice of revocation.
(Ord. No. 2007-16, § 2, 10-25-07; Ord. No.
2020-06, § 12, 9-24-20)
Sec. 45-16.2. Special exception uses.
(a)General provisions.
(1)Purpose.The purpose of this section is to
provide for review of uses that are gener-
ally compatible with use characteristics
of a zoning district, but which require
individual review of their location, design,
intensity, configuration and public facil-
ity impact in order to determine the
appropriateness of the use on any
particular site in the zoning district and
their compatibility with adjacent uses.
Special exception uses may require the
imposition of additional conditions to
make uses compatible within their specific
contexts.
(2)Authority.The village council may, in
accordance with the procedures, standards
and limitations of this section, grant
special exception use approvals for those
uses enumerated as special exception
uses in any zoning district.
(3)Persons entitled to initiate applications.
An application for special exception
approval may be submitted by the owner
of the property or any other person having
a contractual interest in the lot or parcel
of land proposed for a special exception
use.
(b)Standards for review of special exception
use approvals.A special exception use approval
shall be granted only if the applicant demonstrates
the following:
(1)Consistency with the land development
regulations and comprehensive plan.The
proposed special exception use shall
comply with all requirements and be
consistent with the general purpose, goals,
objectives and standards of the village's
land development regulations and
comprehensive plan.
(2)Effect on adjacent properties.
a. The proposed special exception use
will not have an undue adverse
effect upon nearby property or gener-
ate excessive traffic or noise.
b. The proposed special exception use
is compatible with the existing or
planned character of the neighbor-
hood or area in which it would be
located and is compatible with exist-
ing and future development.
c. All reasonable steps have been taken
to minimize any adverse effect of
the proposed special exception use
on the immediate vicinity through
building design, site design,
landscaping and screening.
d. The proposed special exception use
will be constructed, arranged and
operated so as not to interfere with
the development and use of neighbor-
ing properties, in accordance with
applicable zoning district regula-
tions.
(3)Public welfare.The proposed special excep-
tion use will protect the village's tax
base, will not create a financial burden
on the village, and will be in the interests
of the public health, safety, comfort,
convenience and general welfare.
(c)Conditions on special exception approvals.
The village council shall attach such conditions,
limitations and requirements to a special excep-
tion use approval as are necessary to carry out
the spirit and purposes of the village's land
§ 45-16.1 NORTH PALM BEACH CODE
2490Supp. No. 75
development regulations and comprehensive
development plan and to prevent or minimize
adverse effects upon other properties in the
neighborhood or area. These conditions may
include, but are not limited to, limitations on
size, intensity of use, bulk and location, landscap-
ing, lighting, provision of adequate ingress and
egress, and hours of operation. Such conditions
shall be set forth expressly in the written order,
resolution or ordinance granting the special excep-
tion approval. A violation of any condition shall
be considered a violation of this Code and is
subject to code enforcement proceedings in
accordance with Chapter 2 or any or method of
enforcement authorized by law.
(d)Special exception uses within planned unit
developments.When the proposed special excep-
tion use will be located within a planned unit
development, the special exception use review
shall be conducted concurrently with the planned
unit development approval process and any condi-
tions relating to the proposed special exception
use shall be set forth in the ordinance approving
the planned unit development.
(e)Procedure.
(1) The special exception use shall be subject
to preliminary review by the community
development department. Once the com-
munity development director certifies that
the application is complete, the director
shall forward it to the planning commis-
sion for a public hearing.
(2) The planning commission shall review
the application and forward a recom-
mendation of approval, approval with
conditions or denial to the village council.
If the special exception request was
included with a site plan and appearance
application, the planning commission shall
forward the complete application to the
village council for final decision.
(3) Upon receipt of a recommendation of the
planning commission, the village council
shall conduct a public hearing and
determine whether the proposed special
exception use meets the requirements of
this section. The village council shall
approve, approve with conditions or deny
the application at the close of the public
hearing. The approval of a special excep-
tion use, with or without conditions, shall
be in the form of a written order, resolu-
tion or ordinance.
(4) Upon denial of an application for special
exception use approval in whole or in
part, a period of one (1) year must elapse
prior to the filing of a substantially similar
application affecting the same property.
(f)Public notice.Public notice of all hearings
shall be provided as required by Section 21-3.
(Ord. No. 2015-13, § 2, 7-23-15; Ord. No. 2020-
06, § 13, 9-24-20)
Sec. 45-17. Official zoning map.
(1)Adopted by reference.The aforesaid districts
and the boundaries thereof are as shown upon
the "official zoning map"which, together with all
explanatory matter thereon, is hereby adopted
by reference and declared to be part of this
ordinance as if the information set forth on the
map was all fully described and set out herein.
(2)Identification.The official zoning map shall
be identified by the signature of the mayor
attested by the village clerk, and bearing the
seal of the village under the following words:
"This is to certify that this is the official zoning
map referred to in section 3 of Ordinance No. 20
of the Village of North Palm Beach, Florida, as
amended,"together with the date of the adoption
of this ordinance.
(3)Changes.
(a) If, in accordance with the provisions of
this ordinance changes are made in
district boundaries or other matter
portrayed on the official zoning map,
such changes shall be entered on a new
official zoning map promptly after the
amendment has been approved by the
Village Council. The new official zoning
map shall be adopted in accordance with
provisions set forth in Section 45-17(5).
(b) No changes of any nature shall be made
in the official zoning map or matter
shown thereon except in conformity with
the procedures set forth in subsection
§ 45-17APPENDIX C—ZONING
2491Supp. No. 75
(3)(a). Any unauthorized change of
whatever kind or any failure to make a
change when directed by ordinance by
any person or persons shall be considered
a violation of this ordinance and punish-
able as provided under section 45-6 of
this ordinance.
(4)Location; final authority.Regardless of the
existence of purported copies of the official zoning
map which may, from time to time, be made or
published, the official zoning map which shall be
located in the office of the village clerk shall be
the final authority as to the current zoning
status of land and water areas, buildings, and
other structures in the village.
(5)Damaged; destroyed, etc.In the event that
the official zoning map becomes damaged,
destroyed, lost or difficult to interpret because of
the nature or number of changes and additions,
the village council may, by resolution, adopt a
new official zoning map which shall supersede
the prior official zoning map. The new official
zoning map may correct drafting or other errors
or omissions in the prior official zoning map, but
no such corrections shall have the effect of
amending the original official zoning map or any
subsequent amendment thereto. The new official
zoning map shall be identified by the signature
of the mayor attested by the village clerk and
bearing the seal of the village under the follow-
ing words:"This is to certify that this official
zoning map supersedes and replaces the official
zoning map adopted (date of adoption of map
being replaced) as part of Ordinance No. 20 of
the Village of North Palm Beach, Florida."
Unless the prior official zoning map has been
lost, or has been totally destroyed, the prior map
or any significant parts thereof remaining shall
be preserved, together with all available records
pertaining to its adoption or amendment. Each
replacement official zoning map shall be numbered
in consecutive order as adopted.
(Ord. No. 208-70, 3-12-70; Ord. No. 26-95, § 1,
8-24-95)
Sec. 45-18. Boundary conflict interpreta-
tions.
Where uncertainty exists as to the boundaries
of any district shown upon the zoning map, the
following rules shall apply:
(1) Where district boundaries are indicated
as following street, alley or lot lines, said
lines shall be construed to be such
boundaries.
(2) Where any public street or alley is
hereafter officially vacated or abandoned,
the regulations applicable to each parcel
of abutting land shall apply to the por-
tion of such street or alley added thereto
by virtue of said vacation or abandon-
ment.
(3) In case any further uncertainty exists,
the village council shall interpret the
intent of the map as to the location of
such boundaries.
Sec. 45-19. Buildings and uses to conform
to district regulations.
Except as hereinafter provided:
A. No building shall be erected, reconstructed
or structurally altered, nor shall any
building or land be used which does not
comply with the regulations for the district
in which such building or land is located.
B. No building shall be erected, reconstructed
or structurally altered to exceed the height
or bulk limits herein established for the
district in which such building is located.
C. The minimum open spaces around a main
building as provided for in this ordinance
shall not be encroached upon or be
considered as open spaces for any other
building.
D. There shall not be more than one (1)
main building and its customary acces-
sory building(s) on a lot in the R-1 single-
family dwelling district.
E. The types, location and uses of buildings
and land publicly owned and used in the
performance of a public function may be
permitted in any district, provided such
§ 45-17 NORTH PALM BEACH CODE
2492Supp. No. 75
type, location and use is approved by the
village council. The village council may
limit the length of time of such type,
location and use.
(Ord. No. 2-82, § 1, 1-28-82; Ord. No. 2009-04,
§ 3, 4-23-09; Ord. No. 2020-06, § 13, 9-24-20)
Sec. 45-20. Adult entertainment establish-
ment.
(1)Legislative intent.The intent of the village
council in adopting this section is to establish
reasonable and uniform regulations for the adult
entertainment industry that will protect the
health,safety,propertyvalues,andgeneralwelfare
of the people, businesses, and industries of the
Village of North Palm Beach. It is not the intent
of the Village Council to legislate with respect to
matters of obscenity. These matters are regulated
by federal and state law, including Chapter 847
of the Florida Statutes. It is not the intent of the
Village Council in adopting this section to condone
distribution of obscene materials.
This section is intended to provide for the
proper location of adult entertainment establish-
ments in the C-S Shopping Commercial District
and to protect the integrity of adjacent neighbor-
hoods, educational institutions, religious institu-
tions, parks and other commercial enterprises.
Proper separation of adult entertainment
establishments prevents the creation of "skid-
row"areas in the village which results from the
concentration of these establishments and their
patrons. It is the intent to limit the secondary
effects of adult entertainment establishments as
set out in the findings of fact contained within
the Palm Beach County "Adult Entertainment
Code,"Ordinance No. 88-31.
The locational restrictions contained in this
section should not be construed as to apply only
to those residential zoning districts, religious
institutions, educational institutions, parks and
other commercial enterprises which cater to or
are attended by persons under eighteen (18)
years of age. The restrictions within this section
are also intended to ensure that residential
zoning districts, educational institutions, religious
institutions, parks and other commercial
enterprises are located in areas free from the
secondary effects of adult entertainment establish-
ments.
The location of residential zones, educational
institutions, religious institutions, parks and
other commercial enterprises within viable,
unblighted and desirable areas support the
preservation of property values and promote the
health, safety and welfare of the public at large.
(2)Findings of fact.Based on the evidence
and testimony presented at first reading and
public hearing, the Village Council of the Village
of North Palm Beach reaffirms the findings of
fact contained within the Palm Beach County
Adult Entertainment Code and on the findings
incorporated in the United States Attorney
General's Commission on Pornography (1986):
"A Summary of a National Survey of Real Estate
Appraisers Regarding the Effect of Adult
Bookstores on Property Values,"conducted by
the Division of Planning, Department of
Metropolitan Development, City of Indianapolis,
January 1984; the "Study of the Effects of
Concentration of Adult Entertainment Establish-
ments in the City of Los Angeles,"conducted by
the Planning Committee for the Los Angeles
City Council, June 1977; the study conducted by
the City of Austin, Texas;the Metropolitan Bureau
of Investigation (MBI) for the Ninth Judicial
Circuit (Orlando area); and information from
Tampa, Florida, detailing the effects of adult
entertainment establishments in the Tampa area.
In addition to the foregoing recitals, the vil-
lage council further finds that:
(a) The possession, display, exhibition,
distribution and sale of books, magazines,
motion pictures, prints, photographs,
periodicals, records, novelties and devices
which depict, illustrate, describe or relate
to "specific anatomical areas"or "speci-
fied sexual activities"as the terms are
defined herein are business activities
that exist or may exist within the village.
(b) Businesses where employees including
dancers and entertainers perform or are
presented while displaying or exposing
§ 45-20APPENDIX C—ZONING
2493Supp. No. 75
"specified anatomical areas"as that term
is defined herein exist or may exist within
the village.
(c) Where the activities described in
paragraphs (a) and (b) above are present,
the experience of many other communi-
ties indicate that illegal activities tend to
occur including, but not limited to,
prostitution, pandering, solicitation for
prostitution, lewd and lascivious behavior,
exposure of minors to harmful materials,
the possession, distribution and
transportation of obscene materials and
of controlled substances.
The village council further finds there is a
direct relationship between the display or expos-
ing of specified anatomical areas and an increase
in criminal activities, moral degradation and
disturbances of the peace and good order of the
community and the concurrences of these activi-
ties is hazardous to the health and safety of
those persons in attendance and tends to depreci-
ate the value of adjoining property and harm the
economic welfare of the community as a whole.
These secondary effects are adverse to the public's
interest and quality of life, tone of commerce and
total community environment in the Village of
North Palm Beach.
The combination of the sale or consumption of
alcoholic beverages with the display or exposing
of specified anatomical areas is adverse to the
public's interest and quality of life, tone of
commerce and total community environment in
the Village of North Palm Beach.
(3)Definitions.The following words, terms
and phrases, when used in this ordinance, shall
have the meanings ascribed them in the Palm
Beach County Adult Entertainment Code at
time of passage of this ordinance, except where
the context clearly indicates different meaning.
Adult arcade
Adult bookstore/adult video store
Adult booth
Adult dancing establishment
Adult entertainment establishment
Adult material
Adult motel
Adult theater
Adult video store
Alcoholic Beverage
Board
Code
Commercial Gain
Commercial establishment
Conviction
Department
Educational Institution
Employee
Establishment
Inspector
Licensed premises
Licensee
Operator
Person
Principal stockholder
Private Performance
Specified anatomical areas
Specified criminal act
(4)Prohibited locations.
(a) Notwithstanding any other provision of
this Code, or any provision of the village
planning, land development and zoning
regulations, no person shall propose, cause
or permit the operation of, or enlarge-
ment of, an adult entertainment establish-
ment which, while in operation or after
enlargement, would or will be located
within one thousand (1,000) feet of a
commercial establishment that in any
manner sells or dispenses alcohol for
consumption on premises (other than
establishments set forth in Subsection
(4)(e)), within five hundred (500) feet of
Zoning District P, public district, within
one thousand (1,000) feet of a religious
institution, within five hundred (500)
§ 45-20 NORTH PALM BEACH CODE
2494Supp. No. 75
feet of an educational institution, child
care facility, family day care home or
community residential home, within two
hundred (200) feet of an area zoned for
residential use, within two hundred (200)
feet of an area designated as residential
on the future land use map of the vil-
lage's comprehensive plan, within five
hundred (500) feet of a park, or within
two thousand (2,000) feet of another
adult entertainment establishment.
(b) In addition to the distance requirements
set forth in subsection (a), an adult
entertainment establishment shall not
be allowed to open, exist or do business
anywhere except in the C-S and C-G
zoning district where adult entertain-
ment establishments are an expressly
permitted use subject to review by the
village director of community develop-
ment for conformance with the require-
ments of the village's land development
regulations.
(c) The distance requirements of subsection
(a) are independent of and do not
supersede the distance requirements for
alcoholic beverage establishments which
may be contained in other laws, rules,
ordinances, or regulations.
(d) No religious institution, educational
institution, child care facility, family day
care home, community residential home,
park or commercial establishment that
sells or dispenses alcohol for consump-
tion on premises (other than establish-
ments set forth in subsection (4)(e)) shall
locate and operate within the distance
requirements from such establishments
and facilities operated and licensed for
adult entertainment establishments.
(e) The distance restrictions set forth in this
subsection (4) shall not apply to any
bona-fide restaurant operating under a
Florida 4-COP-SRX license as a restaurant
with full kitchen facilities and fifty-one
(51) percent or more of gross sales being
derived from the sale of food and non-
alcoholic beverages. Alcoholic beverages
are to be served only when the restaurant
is open for sale and service of food.
(5)Measurement of distance.The distance
from a proposed or existing adult entertainment
establishment to a pre-existing adult entertain-
ment establishment, a pre-existing religious
institution, to Zoning District P, public district, a
pre-existing religious institution, a pre-existing
educational institution, child care facility, family
day care home or community residential home,
an area zoned for residential use, an area
designated on the future land use map of the
comprehensive plan as residential, a pre-exist-
ing residence, a pre-existing park or a pre-
existing commercial establishment that sells or
dispenses alcohol shall be measured by drawing
a straight line between the closest lot lines of the
proposed or existing adult entertainment
establishment and the pre-existing adult
entertainment establishment, pre-existing
religious institution, Zoning District P, public
district, pre- religious institution, a pre-existing
educational institution, child care facility, family
day care home or community residential home,
an area zoned for residential use, a pre-existing
residence, a pre-existing park or a pre-existing
commercial establishment that sells or dispenses
alcohol that is located outside the incorporated
limits of the Village of North Palm Beach. This
provision is intended to prevent within the Vil-
lage of North Palm Beach the adverse impacts
and secondary effects created by the concentra-
tion of adult entertainment establishments and
the placement of such establishments in close
proximity to the other specified uses, whether
the other specified uses are located within or
without the incorporated limits of Village of
North Palm Beach.
(6)No variance.There shall be no variance to
the distance requirements of this section.
(7)Nonconforming uses.If any nonconform-
ing adult business ceases to do business for a
continuous period of ninety (90) days, it shall be
deemed abandoned and shall not thereafter reopen
except in conformance with these regulations.
§ 45-20APPENDIX C—ZONING
2495Supp. No. 75
(8)Supplemental administrative require-
ments.
(a)Rules of construction.This section shall
be liberally construed to accomplish its
purpose of regulating and dispersing adult
entertainment establishments and related
activities.
(b)Development design and improvement
standards.The staff shall compare the
official plans of the building department
and official zoning map against the plan
submitted.
(c) All adult materials shall be located and
the activities of employees which include
the exposure of specified anatomical areas
shall take place within the adult busi-
ness premises.
(d) No adult materials or activities of
employees which include the exposure of
specified anatomical areas shall be vis-
ible from the exterior of the adult busi-
ness premises in any way including, but
not limited to, exterior apertures such as
opened doors and unobscured windows.
(e) No merchandise, advertising or depic-
tions of the activities of an adult busi-
ness shall be displayed on the exterior of
the adult business premises or in any
location where they are visible from public
right-of-way.
(f) No adult business shall display a sign:
(1) Advertising the presentation of any
activity prohibited by Florida Statute
law or any applicable village
ordinance; or
(2) Capable of leading a reasonable
person to believe that the establish-
ment engages in an activity
prohibited by Florida Statute law or
any applicable village ordinance.
(3) Containing any flashing lights,
photographs, silhouettes, drawings
or pictorial representations of any
manner (except for the logo of the
establishment, provided the logo
shall not contain any specified
anatomical areas, or any male or
female forms at or below the clavicle).
(9)Display or exposure of specified anatomi-
cal area.It shall be unlawful for any
person to display or expose any specified
anatomical area to others, regardless of
whether such person is actually engag-
ing in dancing, in any commercial
establishment where alcoholic beverages
are, or are available to be sold, dispensed,
consumed, possessed, or offered for sale
or consumption on the premises. The
penalty for violation of this subsection
(9) shall be revocation of business tax
receipt issued by the village.
(10)Disclosure of names aliases and dates of
birth of employees.Owners and operators
of all adult entertainment establish-
ments in the village shall disclose to the
village the names, aliases and dates of
birth of all employees in their respective
establishments. Such information shall
be furnished the village in writing prior
to issuance or renewal of a business tax
receipt of the village and at such other
times as requested by village officials.
The failure to make such disclosure shall
result in either the loss of business tax
receipt or the failure of the village to
issue a new receipt or renewal thereof.
(11)Enforcement.The provisions of this Code
may be enforced by:
(a) A suit brought by the village council in
the Circuit Court of Palm Beach County
to restrain, enjoin, or prevent a violation
of this Code; and
(b) Enforcement proceedings by the village's
code enforcement board; and
(c) Criminal prosecution; and
(d) Any and all other legal proceedings and
remedies available to the village as
provided by law.
(Ord. No. 22-95, § 1, 7-17-95; Ord. No. 37-95,
§§ 1—8, 12-14-95; Ord. No. 6-96, § 1, 1-25-96;
Ord. No. 17-98, § 1, 8-13-98; Ord. No. 02-2002,
§ 1, 2-14-02; Ord. No. 2006-24, § 2.L.1, 11-9-06;
Ord. No. 2006-28, § 10, 12-14-06)
§ 45-20 NORTH PALM BEACH CODE
2496Supp. No. 75
Sec. 45-21. Telecommunications antenna
and antenna towers.
Antenna and/or antenna towers owned and
operated subject to provisions of the Telecom-
munications Act of 1996 may be located and
constructed in accordance with the following
provisions:
(1) a. The village planning commission will
consider, in accordance with article
III of chapter 6 of the village code of
ordinances, applications for tele com-
munication antenna and/or antenna
towers which are attached to, or
replace existing structures provided
the overall height of the antenna
and/or tower does not extend more
than twenty (20) feet above the
existing structure.
b. In approving a tower or antenna
location, the planning commission
shall consider the attachment to or
replacement of existing structures
which will result in the least visu-
ally offensive installation to be the
most preferred location for such
installations. Such structures may
include but are not limited to high-
rise residential or commercial build-
ings, sports lighting poles, existing
antenna towers and/or public utility
structures.
(2) New free standing towers/antenna loca-
tions and new tower/antenna locations
which do not conform to section 45-1 of
this article may only be allowed by special
exception granted by the village council
subject to the following criteria:
a. The village council shall consider
when evaluating whether to approve
an antenna/tower location whether
there is suitable and reasonably
available public or private property
which would physically accommodate
the tower or antenna without
unreasonably compromising the
antenna's signal reception or
transmitting capability or unreason-
ably compromise the communica-
tion system capability, and without
negatively impacting the aesthetics
of the tower.
b. New freestanding tower/antenna
locations and new tower/antenna
locations will be considered only
after the applicant for an antenna
or antenna tower has to the fullest
extent practicable, demonstrated to
the village council that all existing
structures either will not accom-
modate an antenna installation or
are not available for an antenna or
antenna tower installation. If an
antenna or antenna tower cannot
be located on any existing structure
without unreasonably compromis-
ing the antenna tower's signal recep-
tion or transmission capability or
unreasonably compromising the com-
munication system's capability, the
village council will next consider in
the following order of preference,
alternate properties and zoning
districts:
1. I-1, light industrial district.
2. C-G, general commercial
district.
3. OS, conservation and open
space district.
4. P, public district.
5. C-S, shopping commercial or
C-3 regional mixed-use busi-
ness district.
6. Reserved.
7. R3, apartment dwelling district.
Alternative properties and zoning
districts may only be considered
after it has been demonstrated that
an antenna tower cannot be located
on any higher preferred property or
zoning district.
The village council shall act to
approve the tower/antenna location
by special exception. Upon the grant-
ing of a special exception for loca-
tion, the application will be
§ 45-21APPENDIX C—ZONING
2497Supp. No. 75
remanded to the village planning
commission for approval in
accordance with article III of chapter
6 of the village code of ordinances.
c. In no case may a tower/antenna
installation height exceed more than
twenty (20) feet above the maximum
height allowed by this code.
(3) Any applicant requesting antenna tower
location approval is required to accom-
modate antenna facilities of other provid-
ers (co-location), on a nondiscriminating
basis, to avoid duplication of the erection
of such towers or provide verifiable objec-
tive data, why it cannot do so. Moreover,
it will be presumed that if a proposed site
is within one-half mile of an existing
antenna tower that can reasonably accom-
modate the applicant's antenna, a denial
of the application would not result in an
unreasonable compromise to the
applicant'scommunicationsystemcapabil-
ity or an unreasonable compromise to the
antenna tower's reception or transmis-
sion capability.
(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
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)
§ 45-21 NORTH PALM BEACH CODE
2498Supp. No. 75
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 15 of this code and
are subject to the annual fire safety inspection
set forth in section 12-17 of this code. At the time
of business tax renewal, a community residence
providing personal care shall provide proof that
it remains a Florida Association of Recovery
Residences (FARR) certified recovery residence
and is managed by a certified recovery residence
administrator.
(Ord. No. 2017-22, § 2, 12-14-17; Ord. No.
2019-08, § 2, 8-8-19)
Sec. 45-25. Reasonable accommodation
procedure.
(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
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
shall demonstrate that it meets each of
the following:
a. The community residence is located
a sufficient distance from any exist-
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
§ 45-25APPENDIX C—ZONING
2499Supp. No. 75
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 is a Florida
Association of Recovery Residences
(FARR) certified recovery residence,
meeting all of the requirements set
forth in Section 397.487, Florida
Statutes, as amended, and is man-
aged by a certified recovery residence
administrator.
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 forty-five-day
period, request additional information
from the 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 informa-
tion is made, the forty-five-day period to
issue a written recommendation shall no
longer be applicable, and the Community
Development Director, or his/her designee,
shall issue a written recommendation
within thirty (30) calendar days after
receipt of the additional information. If
the requesting party fails to provide the
requested additional information within
said fifteen-day period, the Community
Development Director, or his/her designee,
shall issue a written notice advising that
the requesting 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
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.
§ 45-25 NORTH PALM BEACH CODE
2500Supp. No. 75
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
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; Ord. No.
2019-08, § 2, 8-8-19)
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.
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 sitearea regulations.Theminimum
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.
*Cross reference—Home occupations, § 17-2.
§ 45-27APPENDIX C—ZONING
2501Supp. No. 75
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
requirements of this chapter are met. Open air
pavilions shall be subject to the following
additional conditions and restrictions:
1.Permitting.
(a) All open-air pavilions must be
permitted in accordance with all
Florida Building Code and Village
Code requirements.
(b) Open-air pavilions meeting the
definition of a traditional chickee
hut are exempt from the Florida
Building Code but shall be subject
to consistency review by the village.
Consistency shall be demonstrated
through the issuance of a zoning
permit and shall require the submit-
tal of the following information:
(1) A survey that includes scaled
dimensions of the proposed
structure, including setbacks;
(2) Proof that the builder of the
chickee hut is a member of
either the Miccosukee Tribe of
Indians of Florida or the
Seminole Tribe of Florida (such
proof consisting of a copy of
the trial member's identifica-
tion card); and
(3) Drawings of the proposed
structure depicting, at a
minimum, the overall design,
dimensions, roof materials, and
height.
2.Dimensions. Open-air pavilions shall not
exceed two hundred (200) square feet in
floor area. The floor area shall be
measured from outside the support posts,
provided that the roof overhang does not
exceed three (3) feet from the support
posts. If the roof overhang exceeds three
(3) feet, the floor area shall consist of the
entire roofed area. For structures sup-
ported by a single-pole, i.e., umbrella
shape, the floor area shall be measured
from the drip line of the roof material.
3.Height. Open-air pavilions shall not
exceed twelve (12) feet in height or the
height of the principal building located
on the lot, whichever is more restrictive.
For sloped roofs, the height shall be
measured at the mean roof height.
4.Location and Setbacks.
(a) No open-air pavilion may be erected
within ten (10) feet of the side
property line. This side setback shall
be increased to twenty (20) feet for
corner lots.
§ 45-27 NORTH PALM BEACH CODE
2502Supp. No. 75
(b) No open-air pavilion may be erected
within seven and one-half (7 ) feet
of the rear property line.
(c) No open-air pavilion or any portion
thereof may be erected between the
front line of the principal building
and the front property lot line, within
a utility or drainage easement, or
within a required landscape buffer.
5.Use restrictions.
(a) An open-air pavilion shall be used
only for private recreational activi-
ties as an accessory use to the
principal residential use and shall
not be used for habitation, for a tool
room, storage room or workshop, or
for any commercial purpose
whatsoever.
(b) Open-air pavilions shall not be used
for storage of items of personal
property, including, but not limited
to, the following:
(1) Operable or inoperable vehicles,
boats, boat trailers, utility trail-
ers or similar items of personal
property;
(2) Building materials, lawn equip-
ment, tools or similar items;
and
(3) Ice boxes, refrigerators and
other types of food storage
facilities with the exception of
under-counter units.
(c) No gas, charcoal or propane grills,
stoves or other types of cooking
devices may be stored or utilized
within a traditional chickee hut.
6.Maintenance.Open-air pavilions shall be
maintained in good repair and in sound
structural condition. Painted or stained
surfaces shall be free of peeling paint,
mold and mildew and void of any evidence
of deterioration.
7.Design.
(a) Open-air pavilions, with the excep-
tion of traditional chickee huts,
pergolas and other structures with
only partial or slatted roofs, shall
incorporate the same types of build-
ing materials and be consistent with
the architectural theme or style of
the main or principal building.
(b) At the request of a property owner,
the community development direc-
tor may approve the use of different
building materials or alternate
architectural themes or styles when
such materials, themes or styles are
complementary to the main or
principal building.
(c) Should the community development
director deny the request for differ-
ent building materials or alternate
architectural themes or styles, a
property owner may appeal this deci-
sion to the planning commission by
submitting a written request for a
hearing to the community develop-
ment director within thirty (30)
calendar days of the date of the
determination. The appeal shall be
placed on the next available agenda
and the decision of the planning
commission shall be final, subject
only to judicial review by writ of
certiorari.
G.Mechanical equipment.All non roof-
mounted mechanical equipment shall be located
behind the front building face of the principal
structure in either the side yard or the rear yard.
Such equipment shall be located adjacent to the
principal structure whenever practicable,
provided, however, that all mechanical equip-
ment shall be located at least five (5) feet from
the side property line and at least seven and
one-half feet (7 ) from the rear property line.
(Ord. No. 17-71; Ord. No. 9-85, § 2, 6-27-85; Ord.
No. 17-90, § 2, 6-28-90; Ord. No. 29-95, § 2,
9-28-95; Ord. No. 23-2003, § 5, 9-11-03; Ord. No.
2006-24, § 2.L.2, 11-9-06; Ord. No. 2009-04, § 4,
4-23-09; Ord. No. 2012-03, § 3, 3-22-12; Ord. No.
2014-06, § 2, 7-24-14)
§ 45-27APPENDIX C—ZONING
2503Supp. No. 75
Sec. 45-28. R-2 multiple-family dwelling
district.
A.Uses permitted.Within any R-2 multiple-
family dwelling district, no building structure,
land or water shall be used, except for one (1) or
more of the following uses:
1. Any use permitted in the R-1 single-
family dwelling district.
2. Churches.
3. Multiple-family dwelling structures of
not more than four (4) dwelling units.
4. Detached fence storage areas.
5. Satellite dish antenna.
6. Community residential home of seven (7)
to fourteen (14) residents.
B.Building height regulations.No main build-
ing shall exceed two (2) stories or thirty (30) feet
in height, whichever be less.
C.Building site area regulations.
1. For single-family dwellings the same as
for the R-1 single-family dwelling district.
2. For two-family dwelling structures the
minimum lot or building site area shall
be eight thousand (8,000) square feet and
have a width of not less than seventy-five
(75) feet.
3. For dwelling structures having in excess
of two (2) dwelling units not less than
four thousand (4,000) square feet of lot
area shall be added to the site for each
dwelling unit in excess of two (2). No
main building, however, shall occupy more
than thirty-five (35) percent of the site
area.
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 (1) block on
streets intersecting U.S. [Highway
No.] 1, measured from the right-of-
way line of said U.S. [Highway No.]
1, side yards of at least twenty-five
(25) feet in depth shall be provided.
E.Floor area regulations.In multiple-family
dwelling structures, each dwelling unit having
one (1) bedroom shall have a minimum floor area
of seven hundred fifty (750) square feet. An
additional one hundred fifty (150) square feet of
floor area shall be required for each additional
bedroom provided.
F.Off-street parking regulations.
1. For single-family dwellings, the same as
for the R-1 single-family dwelling district.
2. For each multiple-family dwelling unit,
there shall be provided two (2) or more
parking spaces measuring at least nine
(9) feet by eighteen (18) feet (one hundred
sixty-two (162) square feet) each in
accordance with the following formula:
Two (2) such spaces shall be provided for
each dwelling unit containing not more
than two (2) bedrooms, and two and
one-half (2 ) of such spaces shall be
provided for each dwelling unit contain-
ing three (3) or more bedrooms, with the
provision that for an uneven number of
units, the fractional space result produced
by the application of such formula shall
count as a full space. (For examples: four
(4) dwelling units containing three (3) or
more bedrooms shall require ten (10)
off-street parking spaces; three (3) dwell-
ing units containing three (3) or more
bedrooms shall require eight (8) off-
street parking spaces.)
3. For churches, there shall be provided one
(1) off-street parking space measuring at
§ 45-28 NORTH PALM BEACH CODE
2504Supp. No. 75
least nine (9) feet by eighteen (18) feet
(one hundred sixty-two (162) square feet)
for each four (4) people accommodated
within the church auditorium.
4. For schools, there shall be one (1) off-
street parking space measuring at least
nine (9) feet by eighteen (18) feet (one
hundred sixty-two (162) square feet) for
every one thousand (1,000) square feet of
floor area.
G.Community residential home regulations.
1. When a site for a community residential
home has been selected by a sponsoring
agency, the agency shall notify the mayor
and village manager in writing and
include in such notice the specific address
of the site, the residential licensing
category, the number of residents, and
the community support requirements of
the program. Such notice shall also
contain a statement from the district
administrator of HRS indicating the need
for and the licensing status of the proposed
community residential home and specify-
ing how the home meets applicable licens-
ing criteria for the safe care and
supervision of the clients in the home.
The HRS district administrator shall also
provide the Village the most recently
published data compiled that identifies
all community residential homes in the
district in which the proposed site is to
be located.
2. The village shall review the notification
of the sponsoring agency in accordance
with the zoning code.
3. The village shall not deny the siting of a
community residential home unless the
village establishes that the siting of the
home at the site selected:
(a) Does not otherwise conform to exist-
ing zoning regulations applicable to
other multifamily uses in the area;
(b) Does not meet applicable licensing
criteria established and determined
by the Florida Department of Health
and Rehabilitative Services, includ-
ing requirements that the home be
located to assure the safe care and
supervision of all clients in the home;
(c) Would result in such a concentra-
tion of community residential homes
in the area in proximity to the site
selected, or would result in a
combination of such homes with
other residences in the village, such
that the nature and character of the
area would be substantially altered.
A home that is located within a
radius of one thousand two hundred
(1,200) feet of another existing com-
munity residential home in a
multifamily zone shall be an
overconcentration of such homes that
substantially alters the nature and
character of the area. A home that
is located within five hundred (500)
feet of an area of single-family zoning
substantially alters the nature and
character of the area.
(d) All distance requirements in this
section shall be measured from the
nearest point of the existing home
or area of single-family zoning to
the nearest point of the proposed
home.
4. A dwelling unit housing a community
residential home shall be subject to the
same village laws and ordinances
applicable to other noncommercial,
residential family units in this zoning
district.
H.Mechanical equipment.All non-roof
mounted mechanical equipment shall be located
behind the front building face of the principal
structure in either the side yard or the rear yard.
Such equipment shall be located adjacent to the
principal structure whenever practicable,
provided, however, that all mechanical equip-
ment shall be located at least five (5) feet from
the side property line and at least seven and
one-half feet (7 ) from the rear property line.
(Ord. No. 204-69, §§ 1, 2; Ord. No. 17-71, § 2;
Ord. No. 10-73, §§ 3, 4, 9-13-73; Ord. No. 9-85,
§ 45-28APPENDIX C—ZONING
2505Supp. No. 75
§ 3, 6-27-85; Ord. No. 17-90, § 3, 6-28-90; Ord.
No. 2012-03, § 4, 3-22-12; Ord. No. 2014-06, § 2,
7-24-14)
Editor’s note—Subsection E of this section derived from
Ord. No. 204-69, § 2, which did not specifically amend the
1970 Code and was codified as subsection E at the discretion
of the editor.
Sec. 45-29. Reserved.
Editor’s note—Section 45-29, setting forth regulations
for the R-2A limited multiple-family dwelling district, was
repealed by Ord. No. 10-73, § 2, enacted on September 13,
1973.
Sec. 45-30. R-3 apartment dwelling
district.
A.Uses permitted.Within any R-3 apartment
dwelling district, no building structure, land or
water shall be used, except for one (1) or more of
the following uses:
1. Any use permitted in the R-2 multiple-
family dwelling district.
2. Multiple-family dwelling structures
having five (5) or more dwelling units.
B.Building height regulations.For buildings
in excess of two (2) stories or thirty (30) feet in
height, five (5) feet shall be added to the required
front, rear and side yard setbacks for each story
in excess of two (2). No main building, however,
shall occupy more than thirty-five (35) percent of
the site area so required.
C.Building site area regulations.
1. For two-family dwelling structures the
minimum lot or building site area shall
be eight thousand (8,000) square feet,
and have a minimum width of not less
than seventy-five (75) feet.
2. For dwelling structures having in excess
of two (2) dwelling units, not less than
two thousand (2,000) square feet of lot
area shall be added to the site for each
dwelling unit in excess of two (2).
3. No structures shall occupy more than
thirty-five (35) percent of the site area.
D.Yard space regulations.
1.Front yard.
(a) For a main structure of two (2)
stories or less, there shall be a front
yard of not less than thirty-five (35)
feet measured from the street line
to the front building line, except
along both sides of U. S. [Highway]
No. 1, no setback less than one
hundred (100) feet in depth
measured from the front building
line shall be provided. For a distance
of one (1) block on streets intersect-
ing U. S. [Highway] No. 1, measured
from the right-of-way line of said U.
S. No. 1, side yards of at least
twenty-five (25) feet in depth shall
be provided.
(b) For structures in excess of two (2)
stories in height, the front yard
depth shall be controlled by the
provisions defined in paragraph B
of this section.
2.Rear yard.
(a) For structures of two (2) stories or
less, the same as for the R-1 and R-2
districts.
(b) For structures in excess of two (2)
stories in height, the rear yard depth
shall be controlled by the provisions
defined in paragraph B of this sec-
tion.
3.Side yard.
(a) For structures of two (2) stories or
less, the same as for the R-1 and R-2
districts.
(b) For structures in excess of two (2)
stories in height, the side yard
requirements shall be controlled by
the provisions defined in paragraph
B of this section.
4.Exceptions.
(a) On corner lots intersecting U. S.
Highway No. 1 where the front of
the building is on the intersecting
street and the side yard of the build-
§ 45-28 NORTH PALM BEACH CODE
2506Supp. No. 75
ing is on U. S. Highway No. 1, the
minimum side yard setback on U. S.
Highway No. 1 shall be one hundred
(100) feet measured from the street
line to the side building line, and
only for structures in excess of
twenty (20) stories in height shall
have five (5) feet be added to the
required side yard for each story
added to the building in excess of
twenty (20).
(b) On lots bordering the established
bulkhead line, the Intracoastal
Waterway line or any existing
bulkhead, the maximum required
rear yard and side yard setbacks
shall be twenty (20) feet from the
established bulkhead line, Intrac-
oastal Waterway line or existing
building, whichever is closest in
distance to the building line;
provided, however, that said
bulkhead line, Intracoastal
Waterway line or existing bulkhead
is at least five hundred (500) feet
from the opposite bulkhead line,
Intracoastal Waterway line or exist-
ing bulkhead, whichever is closest.
E.Off-street parking regulations.
1. For each multiple-family dwelling
structure, there shall be provided two (2)
or more parking spaces measuring at
least nine (9) feet by eighteen (18) feet
(one hundred sixty-two (162) square feet)
each, in accordance with the following
formula:
Two (2) such spaces shall be provided for
each dwelling unit containing not more
than two (2) bedrooms and two and one-
half (2 ) of such spaces shall be provided
for each dwelling unit containing three
(3) or more bedrooms, with the provision
that for an uneven number of units, the
fractional space result produced by the
application of such formula shall count
as a full space; provided, however, that in
multiple-family dwellings containing more
than thirty (30) dwelling units, for each
dwelling unit in excess of thirty (30)
units and up to sixty (60) units, one (1)
such space shall be provided for each
dwelling unit containing not more than
two (2) bedrooms, and for each dwelling
unit in excess of sixty (60) dwelling units,
one and one-half (1 ) such spaces shall
be provided for each dwelling unit contain-
ing not more than two (2) bedrooms and
two and one-half (2 ) of such spaces
shall be provided for each dwelling unit
containing three (3) or more bedrooms,
with the provision that for an uneven
number of units, the fractional space
result produced by the application of
such formula shall count as a full space.
(For example: Thirty (30) dwelling units
containing two (2) bedrooms each shall
require sixty (60) off-street parking spaces;
sixty (60) dwelling units containing two
(2) bedrooms each shall require ninety
(90) off-street parking spaces; and ninety
(90) dwelling units containing two (2)
bedrooms each shall require one hundred
thirty-five (135) off-street parking spaces.)
2. For churches, the same as for the R-2
multiple-family dwelling district.
3. For schools, the same as for the R-2
multiple-family dwelling district.
F.Floor area regulations.
1. In multiple-family dwelling structures,
each dwelling unit having one (1) bedroom
shall have a minimum floor area of seven
hundred fifty (750) square feet. An
additional one hundred fifty (150) square
feet of floor area shall be required for
each additional bedroom provided.
(Ord. No. 10-73, §§ 5, 6, 9-13-73; Ord. No. 13-74,
§ 1; Ord. No. 17-74, § 1; Ord. No. 2014-06, § 2,
7-24-14)
Sec. 45-31. C-MU US-1 mixed-use district.
A.General description.This mixed-use district
will encourage the redevelopment of the US
Highway 1 corridor into a vibrant mixed-use
place for businesses, visitors, and residents of
North Palm Beach. A Citizens Master Plan,
adopted in 2016, envisioned the US Highway 1
§ 45-31APPENDIX C—ZONING
2507Supp. No. 75
corridor evolving into a better working and
living environment with walkable and bikeable
streets, compact mixed-use buildings, and
convenient access to many forms of transporta-
tion. The C-MU zoning district is a form-based
code that uses clear and predictable standards to
guide redevelopment into this pattern.
B.Allowable uses.
1. Table 1 indicates allowable uses in the
C-MU zoning district.
a. The uses listed in Table 1 are
grouped into four (4) use groups:
Residential Uses, Lodging Uses,
Business Uses, and Civic & Educa-
tion Uses.
b. In one (1) of the columns following
each listed use, a symbol is provided
to indicate that:
i) This use is permitted by right;
or
ii) This use may be approved as a
special exception; see section
45-16.2 for standards and
procedures; or
iii) This use, like other uses not
listed in Table 1, is not permit-
ted in the C-MU district.
c. Terms in Table 1 are defined in
section 45-2 under "Use Groups."
d. Also refer to section 45-16.1 on uses
that are similar to uses listed in
Table 1.
Table 1 Allowable Uses
PERMITTED
USE
SPECIAL
EXCEPTION
NOT
PERMITTED
RESIDENTIAL USES
Mobile home park
Dwelling, one family detached
Dwelling, all other dwelling types
Live/work unit
Assisted living facility
1
Community residential home
2
LODGING USES
Bed-and-breakfast establishment
Hotel
Motel
Time-share unit
BUSINESS USES
Offices, general
Office or clinic, medical or dental
Stores & services, general
Stores & services, large format
Adult entertainment
Convenience store with fuel
Dog daycare
Drive-through facility (for any use)
Garage, parking
Heavy commercial and light industrial
Medical marijuana treatment center
Restaurant or cocktail lounge
Brewery with offsite distribution
Telecommunications antennas
CIVIC & EDUCATION USES
Child care facility
Church or place of assembly
Civic space
§ 45-31 NORTH PALM BEACH CODE
2508Supp. No. 75
PERMITTED
USE
SPECIAL
EXCEPTION
NOT
PERMITTED
Family day care
Government building
Hospital or medical center
Public space
School, public or private
1 Only as part of a mixed-use development that complies with Future Land Use Policy 1.B.3 in the Comprehensive Plan.
2 Subject to the same requirements as apply in the R-2 zoning district.
2. The Comprehensive Plan establishes restrictions on certain properties through classifications
in the future land use atlas or through specific policies. Current examples in the C-MU district
include the following parcels, which are indicated on the regulating plan:
a. 639 US Highway 1 (assisted living facility) requires PUD approval as a mixed-use
development pursuant to Future Land Use Policy 1.B.3.
b. 201-230 Mariner Court (condominium) is classified "Medium-Density Residential,"which
restricts it to residential uses only, with density restricted by Special Policy 5.18.
c. 555 US Highway 1 (Faith Lutheran Church) is classified "Public Buildings & Grounds."
d. 501 US Highway 1 (Village Hall) and 303 Anchorage Drive (Library) are classified "Public
Buildings & Grounds."
e. 560 US Highway 1 (Police Station) is classified as "Other Public Facilities."
C.Regulating plan and street frontages.
1. The C-MU zoning district includes a regulating plan that shows existing conditions (e.g. lot
lines, building footprints, and rights-of-way) and then defines how and where certain
regulations will apply (e.g. setbacks and height restrictions). The regulating plan for the C-MU
district is presented in Figures 1 through 4.
2. The regulating plan also defines the street frontages of all lots as either corner, mid-block, or
local street. These street frontage types determine allowable building frontages. The building
frontage type selected by a landowner determines many of the specific regulations that will
apply to redevelopment, including the build-to zone or setback along the street frontage. See
subsection 45-31.D for details.
3. The remainder of the C-MU district provides standards on these subjects:
a.Site and bulk standards are provided in subsection 45-31.E, including setbacks, build-to
zone, building frontage standards, building height, floor and ceiling height, density, and
landscape standards.
b.Architectural features are addressed in subsection 45-31.F, including entrances,facade
transparency, awnings, balconies, and bay windows.
c.Street, alley, and easement standards are provided in subsection 45-31.G.
d.Parking standards are provided in subsection 45-31.H.
e.Review procedures are provided in subsection 45-31.I.
§ 45-31APPENDIX C—ZONING
2509Supp. No. 75
Figure 1 Regulating Plan, Yacht Club Dr. to Anchorage Dr (north)
§ 45-31 NORTH PALM BEACH CODE
2510Supp. No. 75
Figure 2 Regulating Plan, Anchorage Dr (north) to Lighthouse Dr.
§ 45-31APPENDIX C—ZONING
2511Supp. No. 75
Figure 3 Regulating Plan, Lighthouse Dr. to Ebbtide Dr.
§ 45-31 NORTH PALM BEACH CODE
2512Supp. No. 75
Figure 4 Regulating Plan, Ebbtide Dr. to Earman River
§ 45-31APPENDIX C—ZONING
2513Supp. No. 75
D.Building frontage types.
1. The allowable building frontage types for each lot are determined by the designated street
frontage for that lot.
a. Three (3) types of street frontages are defined on the regulating plan for existing streets:
Corner, Mid-block, or Local Street.
b. A landowner may select any of the allowable building frontage types shown on Table 2 for
the street frontage shown on the regulating plan.
i) For lots with two (2) street frontages, building frontages must be selected for each
street frontage.
ii) A landowner with enough frontage on a street to accommodate two (2) or more
permitted building frontages may designate the corresponding building frontages for
that street frontage.
iii) Regulations for each building frontage are summarized in Table 3 through 8.
c. Table 2 also shows a fourth street frontage, which applies only if a landowner chooses to
construct a new street between US Highway 1 and the alley in the areas designated on the
regulating plan; see subsection 45-31.G for details.
Table 2 Allowable Building Frontages For Each Street Frontage
STREET FRONTAGE TYPES
Building Frontage Types CORNER MID-BLOCK
LOCAL
STREET NEW STREET
Gallery Frontage (Table 3)
Storefront Frontage (Table 4)
Forecourt Frontage (Table 5)
1
Stoop Frontage (Table 6)
1
Canopy Frontage (Table 7)
Lobby Frontage (Table 8)
1
Key:
Building frontage permitted:
Building frontage not permitted:
Building frontage permitted beyond 150' from US Highway 1 only:1
2. Tables 3 through 8 summarize the regulations for each building frontage. Regulations that do
not vary by building frontage type, such as permitted uses and building heights, are described
throughout section 45-31.
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2514Supp. No. 75
Table 3 Building Frontage: GALLERY
A gallery is a roofed promenade extending along the wall of a building and supported by arches or columns on the outer side.A
gallery shields space below like a canopy but provides usable space above, either private open space or fully enclosed space.
Depending on its design, a gallery can be an arcade, a colonnade, or a primarily decorative feature.
Setbacks (see 45-31.E.1.a)Main Entrance (see 45-31.F.1)
Build-to Zone (see 45-31.E.1.b)Façade Transparency (see 45-31.F.2)
Build-to zone: 0 min., 10' max.D, E Ground story: 30% min.
Building Frontage Standards (see 45-31.E.2) Upper stories: 20% min.
Percentage: 70% min.
Building Height (see 45-31.E.3)Encroachments (see 45-31.F.3)
Floor and Ceiling Height (see 45-31.E.4)Awnings (see 45-31.F.4)
Landscape Standards (see 45-31.E.5)Balconies (see 45-31.F.5)
Streetscape Standards (see 45-31.E.6)Bay Windows (see 45-31.F.6)
Parking Standards (see 45-31.H)
Gallery Dimensions
Width: 10' min.F Ceiling height: 10' min. clear for ground story
9' min. clear for upper story
I
J
Depth: 8' min. clear path for
pedestrians
G Overall height: 10' min., 40' max.K
Setback from
curb:
2' min.; except 8' min. along
US Highway 1
H Cumulative
gallery width:
70% of building frontage
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2515Supp. No. 75
Table 4 Building Frontage: STOREFRONT
A storefront is a flexible space at the sidewalk level that is
directly accessible by pedestrians and suitable for retail
sales. A storefront has a mostly transparent façade and a
gallery, canopy, or awning that shades the storefront's windows
and doors and the sidewalk.
Main entrances to each storefront open directly onto the
sidewalk or onto a forecourt. Storefronts that are part of
the storefront frontage type create the best pedestrian
and retail experience.
Setbacks (see 45-31.E.1.a)Main Entrance (see 45-31.F.1)
Build-to Zone (see 45-31.E.1.b)Façade Transparency (see 45-31.F.2)
Build-to zone: 0 min., 5' max.D, E Ground story: 70% min.
Building Frontage Standards (see 45-31.E.2) Upper stories: 40% min.
Percentage: 60% min.
Building Height (see 45-31.E.3)Encroachments (see 45-31.F.3)
Floor and Ceiling Height (see 45-31.E.4)Awnings (see 45-31.F.4)
Ground-story
elevation:
.5' max.A
Ground-story
ceiling:
12' min., 16'
max.
B
Landscape Standards (see 45-31.E.5)Balconies (see 45-31.F.5)
Streetscape Standards (see 45-31.E.6)Bay Windows (see 45-31.F.6)
Parking Standards (see 45-31.H)
Storefront Dimensions
Cover depth: 4' min.E Door intervals: No more than 50' apart
Cover height: 10' min. clear F Window sill height: 1' min., 3' max.K
Setback from curb: 2' min.; except 8' min.
along US Highway 1
G Top of windows: 8' min.L
Door recess: 5' max.H Expression line: 10' min. and below second story M
Cumulative
storefront width:
70% of building front-
age min.
I
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2516Supp. No. 75
Table 5 Building Frontage: FORECOURT
A forecourt is a small private open space that is open to the
sidewalk and bounded on two or three sides by the exterior
walls of buildings.
Although forecourts are allowed on most building front-
ages, one or more forecourts are dominant features on the
façade in the forecourt building frontage.
Setbacks (see 45-31.E.1.a)Main Entrance (see 45-31.F.1)
Build-to Zone (see 45-31.E.1.b)Façade Transparency (see 45-31.F.2)
Build-to zone: 5' min., 20' max.D Ground story: 30% min.
Building Frontage Standards (see 45-31.E.2) Upper stories: 20% min.
Percentage: 60% min.
Building Height (see 45-31.E.3)Encroachments (see 45-31.F.3)
Floor and Ceiling Height (see 45-31.E.4)Awnings (see 45-31.F.4)
Landscape Standards (see 45-31.E.5)Balconies (see 45-31.F.5)
Streetscape Standards (see 45-31.E.6)Bay Windows (see 45-31.F.6)
Forecourt Dimensions Parking Standards (see 45-31.H)
Width of
individual
forecourts:
15' min.F
Depth: 10' min., 40' max.G Review Procedures (see 45-31.I)
Width of
combined
forecourts:
10' min., 40% max. of building frontage
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Table 6 Building Frontage: STOOP
Stoops are staircases and elevated entrance platforms that
lead to main entrances.
Stoops are generally taller than porches to match the
higher ground-story floors that are needed to maintain
privacy in urban areas.
Setbacks (see 45-31.E.1.a)Main Entrance (see 45-31.F.1)
Build-to Zone (see 45-31.E.1.b)Façade Transparency (see 45-31.F.2)
Build-to zone: 5' min., 20' max.D Ground story: 20% min.
Building Frontage Standards (see 45-31.E.2) Upper stories: 20% min.
Percentage: 60% min.
Building Height (see 45-31.E.3)Encroachments (see 45-31.F.3)
Floor and Ceiling Height (see 45-31.E.4)Awnings (see 45-31.F.4)
Ground-story 3' min.A
Landscape Standards (see 45-31.E.5)Balconies (see 45-31.F.5)
Streetscape Standards (see 45-31.E.6)Bay Windows (see 45-31.F.6)
Stoop Dimensions Parking Standards (see 45-31.H)
Spacing of
stoops:
28' on center
(average)
Width: 5' min., 8' max.F Review Procedures (see 45-31.I)
Depth: 5' min., 8' max.G
Ceiling height: 8' min.H
Elevation: 3' min. above
sidewalk
I
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Table 7 Building Frontage: CANOPY
A canopy frontage contains a permanently attached rigid canopy that projects outward from the façade to shield the main
entrance, windows, and sidewalk from the elements.
Setbacks (see 45-31.E.1.a)Main Entrance (see 45-31.F.1)
Build-to Zone (see 45-31.E.1.b)Façade Transparency (see 45-31.F.2)
Build-to zone: 0' min., 10' max.D, E Ground story: 30% min.
Building Frontage Standards (see 45-31.E.2) Upper stories: 20% min.
Percentage: 60% min.
Building Height (see 45-31.E.3)Encroachments (see 45-31.F.3)
Floor and Ceiling Height (see 45-31.E.4)Awnings (see 45-31.F.4)
Landscape Standards (see 45-31.E.5)Balconies (see 45-31.F.5)
Streetscape Standards (see 45-31.E.6)Bay Windows (see 45-31.F.6)
Canopy Dimensions Parking Standards (see 45-31.H)
Height: 10' min. clear G
Depth: 8' min.H Review Procedures (see 45-31.I)
Cumulative
width:
60% min. of
building frontage
I
Setback from
curb:
2' min.; except 8;
min. along
US Highway 1
J
§ 45-31APPENDIX C—ZONING
2519Supp. No. 75
Table 8 Building Frontage: LOBBY
Lobby frontages provide one or more prominent entrances to internal lobbies that are visible from the street and sidewalk.
Setbacks (see 45-31.E.1.a)Main Entrance (see 45-31.F.1)
Build-to Zone (see 45-31.E.1.b)Façade Transparency (see 45-31.F.2)
Build-to zone: 5' min., 20' max.D Ground story: 30% min.
Building Frontage Standards (see 45-31.E.2) Upper stories: 20% min.
Percentage: 60% min.
Building Height (see 45-31.E.3)Encroachments (see 45-31.F.3)
Floor and Ceiling Height (see 45-31.E.4)Awnings (see 45-31.F.4)
Landscape Standards (see 45-31.E.5)Balconies (see 45-31.F.5)
Streetscape Standards (see 45-31.E.6)Bay Windows (see 45-31.F.6)
Dimensions of Lobby Entrances Parking Standards (see 45-31.H)
Depth: 10' min., 15' max.H
Width: 10' min., 30' max.I Review Procedures (see 45-31.I)
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2520Supp. No. 75
E.Site and bulk standards.
1.Setbacks and build-to zones.
a.Setbacks.Minimum setbacks between buildings and side, rear, and Local Street front lot
lines are illustrated on Figure 5 and established as follows:
i)Side setbacks ("A") are zero (0) feet.
ii)Rear setbacks ("B") are zero (0) feet (measured from the new easement for lots located
along alleys).
iii)Local Street front setbacks ("C") are fifteen (15) feet.
b.Build-to zone.A build-to zone is specified for each frontage type; see Tables 3 through 8.
The build-to zone is parallel to the street frontage and is measured from the front lot line,
except along US Highway 1 where it is measured from the new sidewalk easement which
is required by subsection 45-31.G. Figure 5 shows build-to zones as "D"for mid-block lots
and as "E"for corner lots and lots facing new streets. A portion of a building's facade that
faces that street frontage must be placed within the specified build-to zone (see
explanation in subsection 45-31.E.2).
i) For properties facing New Streets as defined in subsection 45-31.G, build-to zones
("D"and "E") are measured from the outer edges of the new sidewalks (see Figure
12).
ii) Allowable encroachments beyond the build-to zone are specified in subsection
45-31.F.3.
iii) For properties facing Local Streets, the front setback ("C") shall be observed instead
of the build-to zone.
2.Building frontage standards.The portion of a new building's façade that is located in the
build-to zone is called the building frontage. The width of the building frontage must comply
with the building frontage percentage standards for each building frontage type (see Tables 3
through 8).
a. Building frontage percentages are calculated by dividing the width of a building or
buildings lying within the build-to zone (A) by the width of the lot along the same street
frontage (B), as shown in Figure 6.
Figure 5 Setbacks and Build-To Zones
§ 45-31APPENDIX C—ZONING
2521Supp. No. 75
b. Minimum building frontage percentages are specified for each building frontage type in
Tables 3 through 8.
i) If two (2) building frontage types are used on a wide street frontage, the specified
percentages are measured for each type.
ii) When buildings are being added or expanded, waivers may be requested in response
to specific site limitations.
c. For certain architectural features described in this Code, a portion of a building's facade
that lies outside the build-to zone may be counted as building frontage. Examples are
forecourts or lobby entrances that comply with the standards in Tables 5 or 8.
d. For properties with multiple street frontages, see Figure 5.
3.Density.Residential density in the C-MU zoning district may not exceed twenty-four (24) units
per acre. The acreage in this formula is the total area enclosed by the lot lines of the site being
developed, including existing easements and including any land being dedicated for additional
right-of-way or easements. The residential density of a mixed-use development in the C-MU
zoning district shall be increased from twenty-four (24) to thirty-six (36) units per acre provided
a development is consistent with the workforce housing density bonus granted by Policy 1.B.2
in the Comprehensive Plan.
4.Building height.
a. Buildings may be up to four (4) stories tall in the C-MU zoning district, except that:
i) Within twenty-five (25) feet of the rear property line, no portion of a building may
exceed two (2) stories.
Figure 6 Building Frontage Percentages
§ 45-31 NORTH PALM BEACH CODE
2522Supp. No. 75
ii) Within fifty (50) feet of the rear property line, no portion of a building may exceed
three (3) stories.
iii) The 25-foot and 50-foot restrictions are depicted on the regulating plan.
iv) A waiver to allow five (5) stories rather than four (4) stories may be requested on land
north of Anchorage Drive North only.
b. For the purpose of calculating the number of stories in a building, stories shall be defined
as the space between finished floor and finished ceiling, adjusted as follows:
i) Each level devoted to parking is considered as individual story when calculating the
number of stories in a building, except where parking levels are screened by other
rooms in the same building or screened by a liner building that is at least two (2)
stories tall with rooms at least twenty (20) feet deep.
ii) When parking levels are constructed on a slope or are connected by sloping or
circular ramps, the number of stories will be based on the non-sloped area. If there
are no non-sloped areas, the number of stories will be counted as the highest parking
level plus each parking level below.
iii) A mezzanine will not count towards the number of stories provided that the total
area of mezzanine level is less than forty (40) percent of the floor area of the main
story below.
iv) Buildings may include a partial story above the maximum number of stories
otherwise allowed provided the floor area of the partial story is less than 30% of the
floor area of the story below. Developers are encouraged to utilize this allowance on
portions of buildings that are closest to street intersections and for architectural
features such as towers or cupolas.
v) Rooftop gardens, pools, restaurants or cocktail lounges are permitted. All rooftop
facilities shall be sufficiently screened from the street and adjacent properties.
Adequate trees, shrubs, or greenspace shall be provided on any active rooftop facility.
Only portions of the rooftop that are enclosed will count as a partial building story.
A waiver may be granted to allow a rooftop restaurant or cocktail lounge to exceed
the 30% partial story allowance in 45-31(4)(b)(iv).
c. The maximum height of a building in feet is controlled by the maximum ceiling heights for
individual stories, as provided in subsection 45-31.E.5.
5.Floor and ceiling height.
a. This code provides standards for the elevation of certain ground-story floors and
minimum/maximum dimensions for ceiling heights. Figure 7 and Table 9 illustrate how
these standards are measured:
(i) Floor elevations are measured from the existing or anticipated sidewalk to the top of
the finished floor of the ground story.
(ii) Ceiling heights are measured from the top of the finished floor to the underside of the
tallest finished ceiling of each story; see exceptions in subsection b.
§ 45-31APPENDIX C—ZONING
2523Supp. No. 75
Table 9 Floor and Ceiling Standards
Min. Max. Key
Elevation of ground-story floor above sidewalk:
Storefront only no min. 0.5'A
Stoop only 3' no max.A
All other building frontage types no min. no max.A
Height of ground-story ceiling:
Storefront only 12' 16'B
All other building frontage types 9' 14'B
Height of upper-story ceilings:9' 12'C
Space between ceiling and floor above no min. 4'D
b.Ceiling height exceptions.The minimum and maximum ceiling height standards in Table
9 do not apply in the following circumstances:
i) A story in or under a building that is devoted to parking is counted as a story when
calculating the number of stories in a building, but does not need to comply with the
minimum or maximum ceiling heights in Table 9.
ii) When the total area of mezzanine level is less than 40 percent of the floor area of the
story below, the mezzanine level does not need to comply with the minimum ceiling
heights in Table 9.
iii) Individual rooms do not need to comply with the minimum or maximum ceiling
heights in Table 9 provided that the remainder of that story complies with the
minimum and maximum heights.
6.Landscape standards.
a.Landscaping required.Landscaping shall be required in the following areas as required
by the village's landscaping requirements:
i) Miscellaneous landscape elements, as required in section 45-88;
Figure 7 Floor and Ceiling Measure-
ments
§ 45-31 NORTH PALM BEACH CODE
2524Supp. No. 75
ii) Off-street parking lots, as required in section 45-89;
iii) Site perimeters, as required in section 45-90; and
iv) Base of foundation, as required by section 45-91.
b.Special requirements for C-MU zoning district.The village's landscaping requirements
contain certain special requirements for the C-MU zoning district:
i) Section 45-90 requires minimum buffer widths for site perimeters.
• These buffer widths do not apply in front of buildings that meet the
standards for a gallery, storefront, or canopy building frontage type. See
Table 45-90.
• Along US Highway 1, buffer strips in front yards may not be planted on a
sidewalk easement. See section 45-34.1.G.
ii) Section 45-91 requires landscaped areas around the base of foundations. This
requirement does not apply in front of buildings that meet the standards for a
gallery, storefront, or canopy building frontage type.
F.Architectural features. Requirements are provided below for the location of a building's main
entrance and the percentage of transparent openings on its façade. Allowances are then provided for
certain architectural elements that may encroach into setbacks and build-to zones and in some cases
over rights-of-way.
1.Main entrance.
a. A building's main entrance is its principal point of access for pedestrians. All buildings
must have their main entrance facing a street frontage, or a courtyard or forecourt that is
entered from a street frontage. Additional entrances are encouraged.
b. Buildings fronting on two (2) streets must have a pedestrian entrance on both streets.
c. Additional rules for storefront doors are provided in Table 4.
2.Façade transparency.
a. Transparency means the amount of transparent window glass or other openings in a
building's facade along a street frontage, relative to the overall surface area of the facade.
This ratio is expressed as a percentage and is calculated separately for the ground story
of a facade and for each upper story.
b. Building facades along a street frontage must meet the minimum façade transparency
requirements in Table 10 to provide natural surveillance of sidewalks and streets, to
provide interior daylight, and to allow clear views into storefronts.
c. Façade transparency percentages are calculated for the area between the finished floor
and finished ceiling of each story along each street frontage; see Figure 8. For the
purposes of these measurements:
i) Glazed windows and doors with tinted glass or applied films will be considered
transparent if they transmit at least 50% of visible daylight.
ii) The transparent area of windows and doors includes rails and stiles as well as
muntin bars and other separators within primarily glazed areas; but the transparent
area excludes outer solid areas such as jambs, sills, and trim.
Table 10 Facade Transparency Percentages
Building Frontage Ground Story Each Upper Story
Gallery 30% min. 20% min.
§ 45-31APPENDIX C—ZONING
2525Supp. No. 75
Building Frontage Ground Story Each Upper Story
Storefront 70% min. 40% min.
Forecourt 30% min. 20% min.
Stoop 20% min. 20% min.
Canopy 30% min. 20% min.
Lobby 30% min. 20% min.
3.Encroachments.Many architectural elements described in subsections 45-31.D and 45-31.F
may project beyond the closest point to a property line where an exterior wall may be
constructed. Table 11 identifies the allowable projections; the key column refers to Figure 5.
a.On private property.These elements may project into side or rear setbacks and project
forward beyond the build-to zone including onto sidewalk easements to the extent
permitted by Table 11 provided this Code's requirements for each element are met.
b.On public property.Some of these elements may also extend horizontally over a public
right-of-way in accordance with those regulations to the extent permitted by Table 11
provided this Code's requirements for each element are met in addition to these general
requirements:
i) Must maintain at least ten (10) feet of vertical clearance.
Figure 8
Calculating Façade Transparency
§ 45-31 NORTH PALM BEACH CODE
2526Supp. No. 75
ii) Must meet any insurance or liability requirements established by the Village
Attorney.
iii) Must obtain prior approval from the responsible entity for any encroachment over a
right-of-way not maintained by the village, such as US Highway 1.
c. Sidewalk cafes with outdoor table service may be provided on public sidewalks when in
compliance with all village codes.
Table 11 Encroachments
Dimension Key
Side (interior) (all features) 4' max. into side setback A
Rear (all features)4' max. into rear setback B
Front (on private property facing a local street) 4' max. into front setback C
Front (on private property facing all other streets) no max. on private property D, E
Front (on public property facing all other streets):
Gallery (Table 3)up to 2' from curb; except up to 8' from curb along US
Highway 1
D, E
Storefront cover (Table 4)up to 2' from curb; except up to 8' from curb along US
Highway 1
D, E
Forecourt (Table 5)no encroachment allowed D, E
Stoop (Table 6)no encroachment allowed D, E
Canopy (Table 7)up to 2' from curb; except up to 8' from curb along US
Highway 1
D, E
Lobby (Table 8)no encroachment allowed D, E
Awning (45-31.F.4)up to 2' from curb; except up to 8' from curb along US
Highway 1
D, E
Balcony (45-31.F.5)up to 2' from curb; except up to 8' from curb along US
Highway 1
D, E
Bay window (45-31.F.6)up to 2' from curb (upper stories only); except up to 8'
from curb along US Highway 1
D, E
4.Awnings.
a. An awning is a flexible cover that projects outward from a building's exterior wall to shield
a window, door, sidewalk, or other space below from the elements.
b. To encourage the construction of awnings, awnings are allowed to project horizontally
beyond the closest point to a property line where an exterior wall may be constructed,
including over a public right-of-way. See subsection 45-31.F.3 for allowances and
limitations on such encroachments. To qualify for these encroachments, the awning must
meet the following requirements:
i) The depth of the awning from the face of the building must be at least four (4) feet.
ii) The height of the awning from the sidewalk to the underside of the awning must be
at least ten (10) feet.
iii) High-gloss or plasticized fabrics may not be used.
iv) Awnings may not be back-lit.
Table 12 Awning Dimensions
Dimension Key
Depth 4' min.E
Height 10' min. clear F
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2527Supp. No. 75
5.Balconies.
a. A balcony is an unenclosed private open space that typically projects outward from a
building's exterior wall.
b. To encourage the construction of balconies, balconies are allowed to project horizontally
beyond the closest point to a property line where an exterior wall may be constructed.
Balconies in upper stories may also project horizontally over a public right-of-way. See
subsection 45-31.F.3 for allowances and limitations on such encroachments. To qualify for
these encroachments, the balcony must meet the requirements in Table 13.
Table 13 Balcony Dimensions
Dimension Key
Depth 4' min.E
Height 10' min. clear F
Figure 9 Awning
§ 45-31 NORTH PALM BEACH CODE
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6.Bay windows.
a. A bay window creates interior space that projects outward from a building's exterior wall.
b. To encourage the construction of bay windows, bay windows are allowed to project
horizontally beyond the closest point to a property line where an exterior wall may be
constructed. Bay windows in upper stories may also project horizontally over a public
right-of-way. See subsection 45-31.F.3 for allowances and limitations on such encroach-
ments. To qualify for these encroachments, the balcony must meet the requirements in
Table 14.
Table 14 Bay Window Dimensions
Dimension Key
Depth 4' min.E
Height 2 stories max.F
Figure 10 Balcony
§ 45-31APPENDIX C—ZONING
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G.Street, alley, and easement standards.
1.New streets.Landowners may choose to construct a new street between US Highway 1 and the
alley in the areas designated on the regulating plan. The following standards apply to any such
new streets:
a.Cross-section. New streets shall be designed in accordance with Figure 12 and constructed
by the developer concurrently with the development.
Figure 11 Bay Window
§ 45-31 NORTH PALM BEACH CODE
2530Supp. No. 75
Description: Details: Key:
Width of right-of-way 60' A
Movement type Slow
Target speed 25 mph
Width of pavement 36' B
Travel lanes 10' travel lanes C
Bicycle facilities shared travel lanes C
On-street parking 8' parallel parking D
Pedestrian facilities 12' sidewalks E
Furnishing strip:
Planter type
Tree spacing
5' by 5' tree grates
30' average
F
b.Other design and construction standards.On subjects where Figure 12 does not provide
design guidance, for instance driveway widths and curb radii at intersections, design shall
be in accordance with NACTO's Urban Street Design Guide.
i) Pavement, subgrade, drainage, and utilities must meet construction specifications of
the Village of North Palm Beach.
ii) The construction specifications for sidewalks in section 24-43 apply along new
streets.
iii) Street trees must be planted and maintained on both sides of new streets.
iv) Where an Applicant demonstrates that an alternative street design achieves a better
outcome, waivers may be granted from specific standards in Figure 12.
Figure 12
§ 45-31APPENDIX C—ZONING
2531Supp. No. 75
c.Ownership and maintenance.New streets shall be owned and maintained privately unless
another entity acceptable to the Village of North Palm Beach accepts this responsibility.
Irrespective of ownership and maintenance, landowners must guarantee perpetual public
access to new streets in a form suitable to the Village Attorney.
d.Build-to zones.Build-to zones for buildings facing a new street will be determined in
accordance with subsection 45-31.E.1 irrespective of the new street's ownership.
e.Building frontage standards.Building frontage standards for buildings facing a new
street will be determined in accordance with subsection 45-31.E.2.
2.Existing alleys.The C-MU district is served by alleys on both sides of US Highway 1 that are
essential for general circulation and for access for services. To protect and enhance these
functions, the following standards apply during the development process to all properties that
abut an existing alley:
a. A 7-foot perpetual transportation and utility easement must be dedicated to the village
along the alley, in a form acceptable to the Village Attorney.
b. Setbacks for buildings along alleys are specified in subsection 45-31.E.1.
c. Setbacks for surface parking along alleys are specified in Table 15 (subsection 45-31.H).
d. The 5-foot landscaped strip required by section 45-90 must be planted and maintained
adjoining the new easement.
e. Refuse containers and other service or utility equipment must meet the same setbacks as
for surface parking. Refuse container areas must be screened in accordance with section
45-88.
3.Sidewalk easements.All properties in the C-MU district abut US Highway 1, a regional
highway that also serves local travelers in vehicles, on foot or bike, or using public transit. To
enhance non-vehicular travel along this corridor, the following standards apply during the
development process:
a. A 7-foot perpetual sidewalk easement must be dedicated to the village along the US
Highway 1 frontage, in a form acceptable to the Village Attorney.
b. This easement must be paved at the time of development to the same elevation as the
adjoining sidewalk in accordance with the construction specifications in section 24-43.
c. The landscape strip required by section 45-90 must be planted and maintained on the
remainder of the property beyond the sidewalk easement, except that no trees are
required in this strip.
H.Parking standards.
1.Location of parking lots.Surface parking lots must be set back from streets at least the
distances provided in Table 15, as illustrated in Figure 13.
§ 45-31 NORTH PALM BEACH CODE
2532Supp. No. 75
Table 15 Setbacks for Surface Parking Lots
Parking lot setback, US Highway 1 50' min. A
Parking lot setback, cross street 30' min. B
Parking lot setback, alley 5' min. C
Parking lot setback, New Street 30' min. D
Parking lot setback, side lot lines 0' min. E
Parking lot setback, Local Street 30' min. F
2.Parking space ratios.Properties will retain the existing parking ratios as of the date of adoption
of the CMU District, which are listed in Table 16.B. In order for properties to be granted the
mixed-use district parking ratios listed in 16.A, a property must be made considerably closer to
the CMU requirements adopted in 2020, as outlined in Section 45-64 (4), or be an entirely new
development. The ratios listed in Tables 16.A and 16.B establish the minimum number of
on-site parking spaces unless adjusted as provided in subsection 3. Ratios based on square feet
refer to the gross floor area.
Table 16.A Parking Space Ratios
PROPOSED USE
PARKING SPACE
RATIO
RESIDENTIAL USES
Mobile home park (not permitted)
Dwelling, one family detached (not permitted)
Dwelling, all other dwelling types 1.25 per unit
Live/work unit 1 per 1,000 sq. feet
Assisted living facility 0.5 per resident
Community residential home 0.5 per resident
LODGING USES
Bed-and-breakfast establishment 1 per guest room
Hotel1 1 per guest room
Motel 1 per guest room
Time-share unit 1.25 per unit
Figure 13 Setbacks for Surface Parking Lots
§ 45-31APPENDIX C—ZONING
2533Supp. No. 75
PROPOSED USE
PARKING SPACE
RATIO
BUSINESS USES
Offices, general 2 per 1,000 sq. feet
Office or clinic, medical or dental 3 per 1,000 sq. feet
Stores & services, general 2 per 1,000 sq. feet
Stores & services, large format 3 per 1,000 sq. feet
Adult entertainment (not permitted)
Convenience store with fuel 5 per 1,000 sq. feet
Dog daycare 3 per 1,000 sq. feet
Drive-through facility (for any use) —-
Garage, parking —-
Heavy commercial and light industrial: (not permitted)
Contractor and trade operation (not permitted)
Vehicle sales or repair (not permitted)
All other (not permitted)
Medical marijuana treatment center (not permitted)
Restaurant or cocktail lounge 10 per 1,000 sq. feet
Telecommunications antennas —-
CIVIC & EDUCATION USES
Child care facility
2 1 per 12 students
Church or place of assembly 1 per 4 peak attendees
Civic space —-
Family day care (no additional parking)
Government building 2 per 1,000 sq. feet
Hospital or medical center (not permitted)
Public space —-
School, public or private 1 per 12 students
1 Hotels with banquet or conference facilities, restaurants, or bars that are open to the public shall provide a parking demand
study and provide sufficient spaces for visitors and employees.
2 A sufficient loading zone shall be provided to accommodate peak drop off and pick up.
Table 16.B Parking Spaces Required
Uses Parking Spaces Required
Banks; business or professional
offices excluding doctors and dentists
One (1) per three hundred (300) square feet of usable floor area, plus one (1) per
each three (3) employees
Barbershop or beauty shop Two (2) per barber or three (3) per beautician based on the design capacity of the
structure
Churches One (1) per four (4) seats; or one (1) per thirty (30) square feet of usable floor
area of auditorium, whichever is greater
Country club One (1) per five (5) members
Restaurants and cocktail lounges
where food and drink may be consumed
on the premises only and where eating
and serving areas are entirely contained
within the building, not including
drive-in hamburger, ice cream, soft
drink, or other drive-in and/or carry-out
eating establishments
One (1) space for each seventy-five (75) square feet of area devoted to patron use,
or one (1) space per three (3) fixed seats, whichever is the greater, plus one (1)
space for each one and one-half (1 ) projected employees who would be actually
working during peak employment hours.
Hotels, motels and tourist courts Three (3) spaces, plus an additional space for each guest bedroom, plus an
additional space for each fifteen (15) rooms or portions thereof. For example, a
fifteen-room motel would need nineteen (19) parking spaces
Marina Two (2) for each three (3) boat mooring or storage space, boat for rent, as based
on the design capacity of the facility. If public boat launching facilities are
provided, the parking spaces shall be increased fifty (50) percent of that number
as computed above
Medical and dental clinics; doctors
and dentists offices
One (1) space for each one hundred fifty (150) square feet of floor area up to three
thousand (3,000); one (1) additional space for each additional two hundred (200)
square feet up to five thousand (5,000); one (1) additional space for each
additional two hundred fifty (250) square feet over five thousand (5,000)
§ 45-31 NORTH PALM BEACH CODE
2534Supp. No. 75
Uses Parking Spaces Required
Mortuaries or funeral parlors Five (5) spaces per parlor or chapel unit; or one (1) per four (4) seats, whichever is
greater
Private clubs, lodge or union
headquarters
One (1) per three (3) members based on the maximum design capacity of the facil-
ity
Retail stores and personal service
establishments except as otherwise
specified herein
One (1) per two hundred (200) square feet of retail floor space
Shopping centers containing five (5) or
more stores, or fifteen thousand (15,000)
square feet of building
There shall be a ratio of four (4) square feet of parking (including driveways
required for ingress and egress and circulation) to each one (1) square foot of
retail floor space
Time shares Off-street parking regulations. For each time-share unit structure, there shall be
provided two (2) or more parking spaces measuring at least nine (9) feet by
eighteen (18) feet (one hundred sixty-two (162) square feet) each, in accordance
with the following formula: Two (2) such spaces shall be provided for each dwell-
ing unit containing not more than two (2) bedrooms, and two and one-half (2 ) of
such spaces shall be provided for each dwelling unit containing three (3) or more
bedrooms, with the provision that for an uneven number of units, the fractional
space result produced by the application of such formula shall count as a full
space; provided, however, that in multiple-family dwellings containing more than
thirty (30) dwellings units, for each dwelling units in excess of thirty (30) units
and up to sixty (60) units one (1) such space shall be provided for each dwelling
unit containing not more than two (2) bedrooms, and for each dwelling unit in
excess of sixty (60) dwelling units one and one-half (1 ) such spaces shall be
provided for each dwelling unit containing not more than two (2) bedrooms, and
two and one-half (2 ) of such spaces shall be provided for each dwelling unit
containing three (3) or more bedrooms, with the provision that for an uneven
number of units, the fractional space result produced by the application of such
formula shall count as a full space (For examples: Thirty (30) dwellings units
containing two (2) bedrooms each shall require sixty (60) off-street parking
spaces; sixty (60) dwelling units containing two (2) bedrooms each shall require
ninety (90) off-street parking spaces; and ninety (90) dwelling units containing
two (2) bedrooms each shall require one hundred thirty-five (135) off-street park-
ing spaces).
Auditoriums and places of assembly
without fixed seats
One (1) per three (3) people based on the maximum design capacity of the
structure
Veterinary establishments Five (5) spaces per veterinarian based on the maximum design capacity of the
facility or five (5) spaces for every four hundred (400) square feet of usable floor
space, whichever is greater
3.Parking space adjustments.The number of on-site parking spaces calculated using Table 16a
shall be adjusted under any one or more of the following circumstances:
a. Mixed-use developments qualify for the shared-parking percentage reductions specified in
Figure 14 provided the development includes at least 10% of its gross floor area in a
second category on Figure 14 (residential, lodging, office,business, and civic/education
uses).
b. Each on-street parking space provided by the developer within mile of the on-site
parking area will be counted as two (2) required parking spaces.
c. No on-site parking spaces are required for an office, business, or civic/education use that
occupies less than one thousand five hundred (1,500) square feet (up to three (3) such uses
per acre).
d. Up to half of the required spaces may be located up to five hundred (500) feet off-site in a
dedicated or joint-use parking lot provided that permission to use those spaces is specified
in a binding agreement that is reviewed and approved during the site plan and
appearance review process.
e. Restaurants may count each boat slip that is available to the public as one (1) parking
space.
f. Golf cart parking spaces may be counted as one (1) space, provided they meet the
minimum dimensions of five (5) feet wide by ten (10) feet long. Up to ten (10) percent of a
development's required parking spaces may be met by golf cart parking spaces.
§ 45-31APPENDIX C—ZONING
2535Supp. No. 75
f. The required number of on-site parking spaces may also be reduced through the waiver
process (see section 45-51) or may be increased by a special condition applied during the
site plan and appearance review process (see sections 6-30-6-60).
g. A deferred parking plan may be approved by the Village if a parking study is provided that
demonstrates the need for parking is less than what is required by code, or the owner has
demonstrated that an alternative means of access to the uses on the site justifies the
deferral of the construction of a portion of the required parking spaces. The deferred
parking plan shall:
i) Be designed to contain sufficient space to meet the full parking requirements of the
Code. The plan shall illustrate the layout for the full number of parking spaces, and
shall designate which parking spaces are to be deferred.
ii) Be designed so that the deferred parking spaces are not located in areas required for
landscaping, buffer zones, or areas that would otherwise be unsuitable for parking
spaces because of the physical characteristics of the land or other requirements of
this Code.
4.Physical standards for parking lots, driveways, and loading.
a. Physical standards for parking lots, driveways, and loading are provided in subsection
45-36.J.
b. Parking lots shall be interconnected with adjoining properties where feasible. Connec-
tions help to minimize the number of driveways to US Highway 1 and to reduce
unnecessary vehicular use of those driveways to reach adjoining properties.
i) Prior to approval of new or reconfigured parking lots, landowners are required to
make an irrevocable offer of cross-access to the adjacent parcel and must design and
build their parking lot to accommodate cross-access.
ii) When adjacent landowners seek approval of new or reconfigured parking lots, they
will be required to reciprocate with a similar cross-access agreement and then must
complete the physical connection.
Figure 14 Shared Parking Reductions
§ 45-31 NORTH PALM BEACH CODE
2536Supp. No. 75
iii) Each landowner will control all rights to the use of their own parking spaces, but may
choose to allow joint use of surplus parking spaces for a fee of their choosing or
through private contracts with other parties.
c. Excess driveways to US Highway 1 shall not be approved, and existing driveways shall be
consolidated or eliminated wherever practicable.
i) Driveways to US Highway No. 1 for two (2) adjacent, separately owned parcels
should be located on their joint property line wherever possible.
ii) On corner lots, driveways may be required to be located on the less-traveled street.
In all cases, driveways may not be located closer than forty (40) feet to an
intersection.
5.Standards for parking garages.Parking spaces may be provided under or in buildings or in
dedicated parking garages instead of being provided in uncovered surface parking lots. Such
parking spaces need not comply with the minimum setbacks for surface parking lots. These
parking spaces must be screened from view from all streets. Screening may be provided by
rooms in the same building or with a liner building that is at least two (2) stories tall with
rooms at least twenty (20) feet deep.
I.Review procedures.
1.Submittal and review procedures. Compliance with the standards of the C-MU district shall be
evaluated during the site plan and appearance review process before building and other
permits may be issued (see sections 6-30-6-60).
2.Variances.Variances may be granted by the village to standards in the C-MU district using the
same procedures and criteria the village uses in granting variances from other regulations (see
section 45-50).
3.Waivers.Waivers may be granted by the village to certain standards in the C-MU district in
accordance with the applicable village procedures for granting waivers (see section 45-51), with
these additional requirements:
a. The waiver process in the C-MU district cannot be used to:
i) Add uses that are not allowable under this Code.
ii) Increase the allowable residential density.
iii) Increase the allowable building height, except for the extra story that may be
requested pursuant to 45-31.E.4.
b. This additional finding must be made before the village approves a waiver in the C-MU
district:
i) The proposed waiver meets the intent of the Village of North Palm Beach Citizens'
Master Plan Report, adopted by the village council on October 27, 2016, through
Resolution 2016-73.
(Ord. No. 2020-06, § 15(Exh. 1), 9-24-20)
Editor’s note—Ord. No. 2020-06, § 15, adopted September 24, 2020, repealed § 45-31 and enacted a new § 45-31 as set out
herein. Former § 45-31 pertained to C-A commercial district and derived from Ord. No. 10-72, § 1; Ord. No. 13-72, adopted July
13, 1972; Ord. No. 4-73; Ord. No. 10-73, § 6, adopted September 13, 1973; Ord. No. 22-82, §§ 2, 3, 9, adopted December 9, 1982;
Ord. No. 23-90, § 2, adopted June 28, 1990; Ord. No. 46-96, § 1,adopted December 12, 1996; Ord. No. 27-99, §§ 1, 2, adopted
August 12, 1999; and Ord. No. 2014-06, § 2, adopted July 24, 2014.
Editor’s note—Section 45-31(K) entitled "Signs"was repealed by Ord. No. 13-72 enacted July 13, 1972. Sign regulations can
be found in Chapter 6, Article V, of this Code.
§ 45-31APPENDIX C—ZONING
2537Supp. No. 75
Sec. 45-31.1. Reserved.
Editor’s note—Ord. No. 2020-06, § 16, adopted September
23, 2020, repealed § 45-31.1. Former § 45-31.1 pertained to
C-B Commercial District and derived from Ord. No. 10-73,
§ 6, adopted September 13, 1973; Ord. No. 1-78, § 1, adopted
February 9, 1978; Ord. No. 22-82, §§ 4, 5, 9, adopted
December 9, 1982; Ord. No. 15-84, § 2, adopted July 12, 1984;
Ord. No. 47-96, § 1, adopted December 12, 1996; Ord. No.
27-99, §§ 3, 4, adopted August 12, 1999; and Ord. No.
2014-06, § 2, adopted July 24, 2014.
Sec. 45-32. Reserved.
Editor’s note—Ord. No. 2020-06, § 17, adopted September
23, 2020, repealed § 45-32. Former § 45-32 pertained to C-1A
Commercial District and derived from Ord. No. 10-72, § 2;
Ord. No. 4-73; Ord. No. 10-73, § 7, adopted September 13,
1973; Ord. No. 14-74; Ord. No. 14-76, § 1, adopted July 8,
1976; Ord. No. 22-82, §§ 6, 7, 9, adopted December 9, 1982;
Ord. No. 9-87, § 1, adopted May 28, 1987; Ord. No. 17-90, § 4,
adopted June 28, 1990; Ord. No. 23-90, § 3, adopted June 28,
1990; Ord. No. 27-99, § 5, adopted August 12, 1999; Ord. No.
03-2001, §§ 1, 2, adopted February 8, 2001; Ord. No. 2006-06,
§ 1, adopted April 13, 2006; Ord. No. 2014-06, § 2, adopted
July 24, 2014; and Ord. No. 2015-10, § 3, adopted June 11,
2015.
Sec. 45-32.1. C-T transitional commercial
district.
A.General description.This residential/
commercial transitional district is to provide for
the development of low-intensity residential and
business uses. The C-T district shall serve as a
transition between strictly residential areas and
intense commercial development.
B.Uses permitted.The following uses are
permitted in the C-T transitional commercial
district:
1. Financial institutions;
2. Professional and business offices, not
including medical and dental clinics;
3. Florists;
4. Clothing stores;
5. Stationery stores;
6. Photo studios/camera shops;
7. Sporting goods stores;
8. Gift shops;
9. Candy shops;
10. Seamstress/tailor shop;
11. Personal service establishments, such as
barber shops, hair salons, and nail salons;
12. Instructional dance/music studios;
13. Family day care home;
14. Multiple-family dwelling structures of
two (2), three (3), or four (4) dwelling
units, provided that residential density
does not exceed twelve (12) units per
acre.
C.Conditions for permitted uses:
1. All activities, sales and storage of goods
must be conducted entirely within
completely enclosed buildings with
permanent nonmoving outside walls.
2. No outside sidewalk of parking lot stor-
age (or) display of merchandise will be
permitted.
3. No manufacturing or production of
products for retail or wholesale will be
permitted.
D.Building height regulations.No building
or structure shall exceed two (2) stories or
twenty five (25) feet.
E.Building site area regulations:Maximum
floor-area-ratio: 0.70.
F.Yards.
1.Front yards.
(a) All buildings shall be constructed
from the Alternate A-I-A or Prosper-
ity Farms Road right-of-way to
provide a front yard of not less than
twenty (20) feet.
(b) All buildings shall be set back from
the right-of-way of streets which
intersect with Alternate A-I-A or
Prosperity Farms Road providing a
yard of not less than ten (10) feet.
(c) The ground story of each building
facade that faces a front yard must
have at least 15% of its surface area
in transparent glass that will
transmit at least 50% of visible
daylight.
§ 45-31.1 NORTH PALM BEACH CODE
2538Supp. No. 75
2.Side and rear yards.All buildings shall
be set back from side and rear lot lines so
as to provide side and rear yards of not
less than:
(a) Ten (10) feet when abutting a lot
with residential zoning.
(b) Zero (0) feet when abutting a lot
with commercial or mixed-use
zoning.
G.Off-street parking regulations.Off-street
parking shall be provided at half of the number
of parking spaces required in:
1. The C-S zoning district for commercial
uses; and
2. The R-2 zoning district for residential
uses.
H.Off-street parking layout, construction and
maintenance shall be as provided in section
45-36.J.
I.Landscape standards.Landscaping shall
be required in the following areas as required by
the village's landscaping requirements:
1. Miscellaneous landscape elements, as
required in section 45-88;
2. Off-street parking lots, as required in
section 45-89;
3. Site perimeters, as required in section
45-90, except that no perimeter landscap-
ing is required along a lot line that abuts
commercial zoning; and
4. Base of foundation, as required by sec-
tion 45-91.
(Ord. No. 31-97, § 1(Exhibit A), 7-10-97; Ord.
No. 23-99, § 1, 6-10-99; Ord. No. 15-2000, § 1,
5-25-00; Ord. No. 2020-06, § 18(Exh. 2), 9-24-20)
Editor’s note—Ord. No. 2020-06, § 18, adopted September
24, 2020, renamed § 45-32.1 from "C-C transitional com-
mercial district"to "C-T transitional commercial district."
Sec. 45-33. C-S shopping commercial
district.
General description.This shopping district is
established to provide that the principal use of
land is devoted to community and neighborhood
shopping and to tourism-related uses and to
encourage the development of these locations for
such uses and in such manner as to minimize
congestion and interference with other land uses.
A.Uses permitted.Within any C-S district,
no building, structure, land or water
shall be used, except for one (1) or more
of the following uses:
1. Reserved.
2. Any retail business or commercial
use including neighborhood com-
mercial use that meets the daily
living needs of village residents and
which does not involve the
manufacturing or processing of
products; provided, however,
automobile repair shops are not a
permitted use except as an acces-
sory use to an automotive service
station or retail automobile tire store.
3. Transient commercial uses serving
either the motoring public or village
residents including hotels and
motels, conference and retreat facili-
ties, filling stations, sale of
convenience goods, and restaurants.
4. Personal service establishments,
including, but not limited to, banks,
barbershops, bowling alleys, beauty
salons, medical and dental clinics,
professional and other offices, funeral
homes, shoe repair shops, laundry
pickup stations and self-service
laundries, furniture display stores
and drugstores.
5. Mobile home park.
6. Adult entertainment establishments.
7. Religious worship or related religious
activities.
8. Limited access self-storage facili-
ties are defined as a fully enclosed
structure for indoor storage with a
minimal amount of access points
from the exterior of the building.
These exterior access points provide
access to interior hallways that
directly serve individual storage
units rented to the public. No direct
§ 45-33APPENDIX C—ZONING
2539Supp. No. 75
access from the exterior of the build-
ing to an individual storage unit is
permitted.
9. Dog daycare, as defined and
regulated in the I-1 zoning district.
10. Restaurants and cocktail lounges.
11. Nursery and private schools.
12. Marinas and their accessory uses
such as wet boat storage facilities,
indoor dry boat storage facilities,
gasoline supplies and such minor
repair facilities as are incidental to
boat storage and which do not involve
major boat and/or engine overhaul.
13. Multiple-family dwelling structures
as a component of a commercial
planned unit development contain-
ing a commercial component includ-
ing retail and non-retail commercial
facing a primary street frontage
with a depth to be determined by
the village council.
B.Building height regulations.For build-
ings in excess of two (2) stories or thirty
(30) feet in height, five (5) feet shall be
added to the required front-yard setback
for each story in excess of two (2) or in
excess of thirty (30) feet in height. No
structures however, shall occupy more
than thirty-five (35) percent of the site
area so required.
C.Building and floor area regulations.An
individual retail business or commercial
use shall not exceed fifty thousand
(50,000) square feet of floor area on the
first floor; this provision shall not apply
to grocery stores; food stores or facilities
for use for religious worship or related
religious uses including retreats, confer-
ences, school or other educational uses,
convent, rectory or other living facilities,
administration or similar facilities owed
or operated by religious groups or
religious-related activities.
D.Yard space regulations.There shall be a
front yard of not less than fifty (50) feet
measured from the street line to the
front building line, except along both
sides of U.S. 1, no setback less than one
hundred (100) feet in depth measured
from the front building line shall be
provided.
For a distance of one (1) 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.
(a) For single-family and for multiple-
family residential structures, there
shall be rear yard and side yard
setbacks the same as set forth in
the R-1 and R-3 zoning districts,
respectively, except as modified
below:
(i) On corner lots intersecting U.S.
Highway No. 1 where the front
of the building is on the
intersecting street and the side
yard of the building is on U.S.
Highway No. 1, the minimum
side yard setback on U.S.
Highway No. 1 shall be one
hundred (100) feet measured
from the street line to the side
building line, and only for
structures in excess of twenty
(20) stories in height shall five
(5) feet be added to the required
side yard for each story added
to the building in excess of
twenty (20).
(ii) On lots bordering the
established bulkhead line, the
Intracoastal Waterway line or
any existing bulkhead, the
maximum required rear yard
and side yard setbacks shall be
twenty (20) feet from the
established bulkhead line,
Intracoastal Waterway line or
existing bulkhead, whichever
is closest in distance to the
building line; provided,
however, that said bulkhead
line, Intracoastal Waterway line
or existing bulkhead is at least
§ 45-33 NORTH PALM BEACH CODE
2540Supp. No. 75
five hundred (500) feet from
the opposite bulkhead line,
Intracoastal Waterway line or
existing bulkhead, whichever
is closest.
All other space regulations shall apply to
such buildings.
E.Off-street parking regulations.
1. Reserved.
2. For general business, commercial or
personal service establishments, one
(1) space for each two hundred (200)
square feet of nonstorage first floor
area, plus one (1) space for each two
hundred (200) square feet of non-
storage area above the first floor.
3. Medical or dental offices or clinics,
one (1) space for each one hundred
fifty (150) square feet of floor area,
up to three thousand (3,000) square
feet; one (1) additional space for
each additional two hundred (200)
square feet of floor area up to five
thousand (5,000) square feet; one
(1) additional space for each
additional two hundred fifty (250)
square feet of floor space in excess
of five thousand (5,000) square feet.
4. Offices, one (1) space for each three
hundred (300) square feet of floor
area used for office purposes.
5. Schools and public buildings, one
(1) space for each four (4) seats in
the main auditorium or place of
assembly.
6. Theaters, auditoriums, one (1) space
for each four (4) seats.
7. No parking shall be permitted in
the first ten (10) feet of the required
front yard depth, measured from
the front property line. The restric-
tion against parking in the first ten
(10) feet of the required front yard
depth measured from the front
property line shall not apply to those
properties which have complied in
full with the landscaping provisions
of this Code.
8. Furniture display stores, one (1)
space for each four hundred (400)
square feet of sales area.
9. Retail business with floor area in
excess of fifty thousand (50,000)
square feet, one (1) space for each
two hundred fifty (250) square feet
of non-storage floor area.
10. Limited access self-storage facili-
ties, one (1) space for each two
hundred (200) storage units plus
five (5) customer parking spaces.
11. Marinas:
i) One (1) space for every two (2)
wet boat slips.
ii) One (1) space for every six (6)
dry boat slips.
12. Motels and hotels, one (1) space for
each guest bedroom, plus one (1)
additional space for each five (5)
employees.
13. Churches, the same as for the R-2
multiple-family dwelling district.
14. Restaurants, one (1) space for each
seventy-five (75) square feet of floor
area devoted to patron use, or one
(1) space per three (3) fixed seats,
whichever is the greater, and one
(1) space for each one and one-half
(1 ) projected employees who would
be actually working during peak
employment hours.
F.Floor area regulations.
1. Reserved.
2. In time-share structures, each dwell-
ing unit having one (1) bedroom
shall have a minimum floor area of
seven hundred fifty (750) square
feet. An additional one hundred
fifty (150) square feet of floor area
shall be required for each additional
bedroom provided.
§ 45-33APPENDIX C—ZONING
2541Supp. No. 75
G.Conditions for permitted uses:
1. A car wash and car waxing business
whether in conjunction with a fill-
ing station or as an independent
enterprise shall be allowed to utilize
an awning structure or structure
which shall be located in the rear
yard with a minimum five-foot
setback and within the building side
lines extended.
2. All activities, sales and storage of
goods must be conducted entirely
within completely enclosed build-
ings with permanent nonmoving
outside walls. The following excep-
tions apply:
i) Restaurants that qualify under
outdoor seating provisions of
Appendix C—Zoning.
ii) Marinas with enclosed new boat
retail display area may utilize
outdoor rear and side yard site
area for ground level new boat
storage, rigging, minor repair
and display subject to the fol-
lowing conditions:
a. Outdoor storage, rigging,
minor repair and display
areas shall be completely
screened from the view of
the street right-of-way and
adjacent properties with
an opaque wall or fence to
a height of six (6) feet.
b. The area of outdoor stor-
age, rigging and display
area shall not exceed the
enclosed retail display
floor area, including retail
display area office space,
or fifteen (15) percent of
the total site area,
whichever is less.
iii) Outdoor runs/dog exercise areas
which are accessory to
veterinary clinics. All such
outdoor runs/dog exercise areas
shall comply with the require-
ments of Section 45-38.D.12.d
of this Code.
3. No outside sidewalk or parking lot
storage or display of merchandise
will be permitted.
4. Limited access self-storage facili-
ties shall only be allowed on proper-
ties within commercial planned unit
developments and accompanied by
the following conditions:
i) All exterior service doors must
be not visible from any public
street or adjacent property.
ii) All buildings must be a
maximum of two (2) stories
with architectural treatment
to reflect the actual number of
stories.
iii) No blank walls shall be permit-
ted.
iv) A mix of uses must be provided
that includes a minimum of
ten (10) percent Gross Floor
Area (GFA) retail or profes-
sional office (excluding the on-
site management office for the
self-storage facility).
v) A minimum of one thousand
(1,000) feet separation from
property line to the closest
adjacent property line shall be
required between limited access
self-storage facilities.
5. All new marinas and major improve-
ments to existing marinas shall
provide sewage pump-out service to
boats seven (7) meters (twenty-two
and ninety-seven hundredths (22.97)
feet) in length or more. Major
improvements include adding wet
or dry boat slips; constructing new
buildings; adding or expanding fuel-
ing facilities, and other improve-
ments of a comparable scale as
determined by the community
development
(Ord. No. 20-72, § 1; Ord. No. 4-73; Ord. No.
10-73, §§ 8, 9, 9-13-73; Ord. No. 22-82, §§ 8, 9,
§ 45-33 NORTH PALM BEACH CODE
2542Supp. No. 75
12-9-82; Ord. No. 9-87, § 2, 5-28-87; Ord. No.
23-90, § 4, 6-28-90; Ord. No. 7-94, § 1, 4-14-94;
Ord. No. 1-95, § 1, 1-12-95; Ord. No. 24-95, § 1,
7-17-95; Ord. No. 48-96, § 1, 12-12-96; Ord. No.
1-98, §§ 1—7, 1-8-98; Ord. No. 27-99, § 6,
8-12-99; Ord. No. 26-2002, §§ 1—3, 9-26-02; Ord.
No. 2014-05, § 2, 6-26-14; Ord. No. 2020-06,
§ 19(Exh. 3), 9-24-20)
Editor’s note—Ord. No. 2020-06, § 19, adopted September
24, 2020, renamed § 45-33 from "C-1 neighborhood com-
mercial district"to "C-S shopping commercial district."
Sec. 45-34. C-G general commercial
district.
A.Uses permitted.Within any C-G district,
no building structure, land or water shall be
used, except for one (1) or more of the following
uses:
1. Any use permitted in the C-S district.
2. Any retail business or commercial use
which does not involve the manufactur-
ing or processing of products.
3. Personal service establishments, includ-
ing, but not limited to, banks, barbershops,
bowling alleys, beauty salons, medical
and dental clinics, professional and other
offices, funeral homes, filling stations,
shoe repair shops, laundry pickup sta-
tions and self service laundries, furniture
display stores and drugstores.
4. Full service automotive dealerships and
accessory uses including paint and body
shops, repair shops and garages, limousine
service and towing service.
5. Retail and wholesale sales of new
vehicular parts, equipment and acces-
sories without on-site installation.
6. Automobile service shops such as full
service vehicle repair shops, muffler shops,
tire shops, lubrication and oil change,
window tinting, wash and detailing.
7. Automobile, truck and trailer rental busi-
ness.
8. Adult entertainment establishment.
9. Limited Access Self Storage Facilities,
which are defined as a fully enclosed
structure for the purpose of indoor stor-
age, with a minimal amount of access
points from the exterior of the building.
These exterior access points provide access
to interior hallways that directly serve
individual storage units rented to the
public. No direct access from the exterior
of the building to an individual storage
unit is permitted.
B.Development standards.Every commercial
use located within the C-G district shall be so
developed as to comply with the following
performance standards:
1.Outside display:Outside display areas
for sale, lease or rental of vehicles shall
be designed as follows:
(a) Vehicles may be stored on an
approved parking surface without
referencetoparking stalls, stall strip-
ing or wheel stops. This type of
parking shall be allowed only pursu-
ant to a site plan and appearance
review and approval subject to
Article III of Chapter 6 of the Vil-
lage Code of Ordinances.
(b) Interior landscaping requirements
within outside display areas pursu-
ant to Article VIII of this chapter
shall be met by transferring the
required landscaping to the
perimeter of the site abutting public
rights-of-way. The transferred
landscaped areas shall be designed
and located so as to mitigate and
buffer the impact of the aggregated
vehicle storage area.
2.Locational and physical restrictions:
(a) Repair facilities and paint and body
shops shall be located at least one
hundred (100) feet from any
residentially-zoned lot. Service bay
doors shall not be oriented toward
any adjacent residentially-zoned
property nor oriented toward any
adjacent public street.
(b) Accessory fuel pump islands and
automated wash facilities for vehicles
§ 45-34APPENDIX C—ZONING
2543Supp. No. 75
shall not be located within one
hundred (100) feet of any
residentially-zoned property. Wash
facilities shall be located within a
completely enclosed building. Fuel
pump islands shall be located within
an enclosed area so that they are
not visible off premises.
(c) The sale, lease or rental of
automobiles, trucks, motorcycles, and
recreational vehicles is allowed only
on lots which meet the following
minimum dimensions and area:
(1) Minimum frontage of one
hundred twenty five (125) feet.
(2) Minimum width of one hundred
twenty five (125) feet.
(3) Minimum depth of two hundred
(200) feet.
(4) Minimum area of one and one-
half (1.5) acres.
3. Limited access self-storage facilities shall
be accompanied by the following condi-
tions:
(a) All exterior service doors must not
be visible from any public street or
adjacent property.
(b) The architectural treatment of all
buildings must reflect the actual
number of stories.
(c) No blank walls shall be permitted.
(d) A mix of uses must be provided that
includes a minimum of ten percent
(10%) Gross Floor Area (GFA) retail
or professional office (excluding the
on-site management office for the
self-storage facility).
(e) A minimum of one thousand (1,000)
feet separation from property line
to the closest adjacent property line
shall be required between limited
access self-storage facilities.
C.Use and operating restrictions.Every com-
mercial use located within the C-G district shall
be so operated as to comply with the following
performance standards:
1. No industrial equipment or vehicles shall
be sold, leased, rented or otherwise stored
within the C-G district. For purposes
herein, industrial equipment is defined
as equipment used primarily for purposes
other than transportation or hauling.
Trucks other than pickup trucks, vans
and jeeps shall be displayed in areas
separated from a public right-of-way by a
building.
2. No vehicle shall be parked for display
purposes with its hood or trunk open, nor
elevated off the ground in any way.
Vehicles shall not be parked in any right-
of-way or driveway.
3. Advertising, flags, pennants, streamers,
balloons, signs or vehicle stock numbers
shall not be displayed on any vehicle or
equipment. Similar objects or advertis-
ing designed to attract the public's atten-
tion shall not be displayed outdoors on
any lot, building, vehicle or equipment.
4. Any areas designated for the off-loading
of vehicles or for loading and deliveries
shall be located to the rear of buildings
and shall be located so as to contain noise
on-site. These areas shall not be located
closer than one hundred (100) feet from
any residentially-zoned lot and shall be
appropriately designated, marked and
signed.
5. Dealers are prohibited from using streets
in a residential zone for the testing of
vehicles after servicing and for the
demonstration of vehicles.
6. Exterior lighting fixtures shall not exceed
twenty-five (25) feet in height; shall be
directed away from adjacent properties;
shall confine light to the site only; and
shall not exceed when measured at any
property line, the following illumination:
(a) One hundred (100) foot-candles
within display areas.
§ 45-34 NORTH PALM BEACH CODE
2544Supp. No. 75
(b) Forty (40) foot-candles within all
areas.
(c) After 11:00 p.m., the illumination in
display areas shall be reduced to
fifty (50) foot-candles.
7. No outdoor speakers or public address
systems that are audible from the exterior
of the site shall be permitted.
8. Customer parking shall be marked with
an above grade sign and shall be physi-
cally separated from the vehicle sales,
storage and display area. This barrier
may be in the form of a landscape strip,
curbing or removable bollards.
9. The height of buildings, the site area of
buildings, yard spaces, and floor area
regulations in the C-G district shall be
the same as required in the C-S district,
with the following exception: Limited
access self-storage facilities shall be
limited to a maximum of three (3) stories
in height.
10. With the following exceptions, off-street
parking regulations shall be the same as
for the C-S district:
(a) Full-service automotive dealerships,
Customer and employee parking
requirements;One (1) space for each
five hundred (500) square feet
enclosed floor area, plus one (1)
space per each four thousand five
hundred (4,500) square feet of
outdoor sales display and rental
area, plus one (1) space per service
bay, plus one (1) space per employee
of the shift of largest employment.
Parking for vehicle storage, sales or
display may not be counted toward
meeting the number of required off-
street parking spaces or to be
provided for customers and
employees.
(b) Limited access self-storage facili-
ties, one (1) space for each two
hundred (200) storage units plus
five (5) customer parking spaces.
(Ord. No. 32-97, § 1, 7-10-97; Ord. No. 18-98, § 1,
8-13-98; Ord. No. 14-2004, §§ 1—3, 7-8-04; Ord.
No. 2020-06, § 20(Exh. 4), 9-24-20)
Editor’s note—Ord. No. 2020-06, § 20, adopted September
24, 2020, renamed § 45-34 from "commercial district"to "C-G
general commercial district."
Sec. 45-34.1. C-3 regional business
district.
The C-3 regional business district is designed
for the re-use and/or redevelopment of com-
mercial property. It contains special regulations
and procedures that are integrated with those of
the Town of Lake Park to avoid conflicts that
could otherwise be created by the location of the
town/village boundary. Within C-3 business
districts, the following regulations shall apply:
(1)Uses permitted.Within the C-3 zoning
district, no building, structure, land, or
water shall be used, unless otherwise
permitted by these regulations, except
for any combination of the following
purposes:
a. Banks, savings and loans,
stockbrokers, and similar financial
institutions.
b. Business offices, including medical
and professional services.
c. Community residential homes,
subject to the same requirements as
apply in the R-2 zoning district, and
family day care centers as defined
in Chapter 402, Florida Statutes.
d. Hotels, motels, and time-share units.
e. Multiple-family dwellings (each
building containing three (3) or more
units) and customary accessory uses,
subject to any limitations on
residential uses in the adopted
Comprehensive Plan.
f. Personal services typically offered
in conjunction with shopping facili-
ties, such as laundromats, dry clean-
ers, barber and beauty shops, child
§ 45-34.1APPENDIX C—ZONING
2545Supp. No. 75
carefacilities,healthclubs,andshops
for the repair, cleaning, or rental of
items weighing less than one
hundred (100) pounds.
g. Restaurants and other establish-
ments where food and/or beverages
are prepared and served.
h. Retail sale of new or antique
merchandise that is displayed
indoors only, whether in freestand-
ing buildings or in a centrally man-
aged shopping center or enclosed
mall.
i. Theaters and other entertainment
facilities including nightclubs, game
rooms, bowling alleys, and similar
establishments, provided they are
fully enclosed and provided such
uses shall not include adult
entertainment establishments.
(2)Off-street parking.All proposed land uses
shall provide a sufficient number of park-
ing spaces to accommodate the number
of vehicles that can be expected to be
attracted to that use. Individual land
uses can provide at least the number of
spaces listed below on the same parcel of
land as the principal building (or on an
adjoining parcel under identical owner-
ship) in lieu of using the parking space
standards found elsewhere in this Code.
However, certain land uses may require
less parking; and combinations of land
uses may be able to reduce the total
number of spaces by sharing those spaces
during differing peak hours or because of
pedestrian traffic or multi-purpose trips.
Modified standards may be approved if
fewer spaces will accommodate the
number of vehicles that can be expected
to be attracted to that use (or combina-
tion of uses) at the proposed location.
Such a modification may be made on
individual parcels of land (or adjoining
parcels under identical ownership) by
the building official when permitted by
consensus national codes or standards or
after submission of persuasive technical
evidence (such as publications of the
Institute of Transportation Engineers
(ITE)). Modifications that involve shared
parking on parcels of land that are not
under identical ownership, or parking in
a different municipality than the principal
building regardless of ownership, may be
approved through the special C-3 PUD
procedures found below in section
45-34.1(10).
a. Auditoriums of any kind — 1 space
per 3 seats.
b. Banks and other financial institu-
tions — 3 spaces per 1,000 square
feet.
c. Hotels and motels — 1 space per
guest room plus 1 space per 2
employees during the peak period;
parking for restaurants and other
guest facilities to be calculated
separately.
d. Offices, medical/dental — 5 spaces
per 1,000 square feet.
e. Offices, all other — 3 spaces per
1,000 square feet.
f. Residential — 2 spaces per dwelling
unit.
g. Restaurants and nightclubs — 12
spaces per 1,000 square feet, except
6 spaces per 1000 square feet for
restaurants offering take-out service.
h. Retail uses and personal services —
4 spaces per 1,000 square feet, except
1.5 spaces per 1,000 square feet for
furniture sales.
i. Shopping centers — 4 spaces per
1,000 square feet.
j. Uses not listed above to be
determined by the building official
using standards found elsewhere in
this Code or upon submission of
persuasive technical evidence about
the number of vehicles that can be
expected to be attracted.
NOTES:
1. All areas are measured as gross
floor area except multi-tenant
§ 45-34.1 NORTH PALM BEACH CODE
2546Supp. No. 75
shopping centers and office
complexes, which are measured
as gross leasable area.
2. Fractional spaces can be
disregarded.
3. Wherever the term "identical
ownership"is used, the land
parcels in question must be
contiguous and must be owned
by or under the unified control
of the applicant.
(3)Off-street loading and internal circula-
tion.Requirements for off-street loading,
parking lot aisles, accessways, and general
internal circulation shall be same as
would apply in the C-S zoning district.
a.Lighting:Parking lots shall be fully
illuminated during hours of busi-
ness operation with a minimum
standard of illumination from clos-
ing to dawn per the Palm Beach
County Code or ITE, whichever is
more stringent.
(4)Landscaping.Landscaping shall be
required along the outer boundary of the
C-3 zoning district (irrespective of any
municipal boundary) and also in unroofed
parking areas whenever a parking area
is constructed, reconstructed, or
reconfigured. In addition to the other
provisions of Chapter 27 of this Code, the
following landscaping requirements shall
be met:
a.Required landscaping adjacent to
public rights-of-way:The required
landscaped strip between a public
right-of-way and an off-street park-
ing area shall be at least fifteen (15)
feet wide and shall contain at least
five (5) trees and eighteen (18) shrubs
for each one hundred (100) lineal
feet.
b.Parking area interior landscaping
for unroofed parking areas:At least
ten (10) percent of the total paved
surface area shall be devoted to
landscaped areas. Each area count-
ing toward the ten (10) percent total
shall have an average minimum
dimension of ten (10) feet. At least
one (1) tree shall be planted for
every two hundred fifty (250) square
feet of required internal planting
area. No parking space shall be
more than one hundred (100) feet
from a tree planted in a permeable
island, peninsula, or median having
a ten-foot minimum width.
c.Indigenous native vegetation:To
reduce maintenance and water
consumption, required landscaping
shall include at least seventy-five
(75) percent indigenous native trees
and fifty (50) percent indigenous
native shrubs.
d.Installation:All required landscap-
ing shall be installed using xeri-
scape principles including water
conservation through the appropri-
ate use of drought-tolerant plants,
mulching, and the reduction of turn
areas. Irrigation systems shall be
designed to operate only when
needed and only in those areas that
require irrigation.
e.Maintenance:The property owner
shall be responsible for the
maintenance of all required
landscaped areas in a healthy and
vigorous condition at all times.
Required trees shall not be trimmed
or pruned in such a way as to alter
or limit their normal mature height
or crown spread. If required plants
die, they shall be replaced within
sixty (60) days.
(5)Setbacks and height.The following
setback, height, and spacing regulations
apply in the C-3 zoning district:
a.Perimeter setbacks:All buildings and
structures shall be set back a
minimum of thirty (30) feet from
the outer boundary of the C-3 zoning
district, except an interior common
municipal boundary. For buildings
in excess of two (2) stories or thirty
§ 45-34.1APPENDIX C—ZONING
2547Supp. No. 75
(30) feet in height, one (1) foot shall
be added to the required perimeter
setback for each extra foot of height
over thirty (30) feet.
b.Additional setbacks to internal
property lines:The need for build-
ing setbacks to property lines adjoin-
ing other land zoned C-3 is related
to the existing or proposed uses of
those properties. Unless modified
through the special C-3 PUD
procedures found below in section
45-34.1(10), all new buildings and
structures shall be set back a
minimum of twenty-five (25) feet
from each of its property lines.
c.Maximum building height:The
maximum height of any building
shall be fifty (50) feet.
d.Spacing between buildings:The
minimum spacing between
individual buildings on the same or
adjoining C-3 properties shall be as
required by applicable fire and build-
ing codes.
(6)Maximum lot coverage.There is no fixed
cap on lot coverage or floor area ratio.
Maximum intensity will be governed by
the application of the parking, loading,
setback, building height, and surface
water management standards found
herein.
(7)Signs.In addition to the other provisions
of sections 6-111 through 6-117 of this
Code, but notwithstanding any conflict-
ing standards found therein, signs in the
C-3 zoning district shall comply with the
following regulations unless modified
through the special C-3 PUD procedures.
a.Ground signs are mounted on a
monolithic base and are independent
of any building for support. They
are permitted only when the sign
and base are monolithic and have
essentially the same contour from
grade to top. Ground signs that
meet the following regulations are
permitted in the C-3 district only
along U.S. Route 1 and Northlake
Boulevard:
1.Maximum number of ground
signs:One (1) ground sign along
U.S. Route 1 and one (1) ground
sign along Northlake
Boulevard, regardless of
jurisdiction, North Palm Beach
or Lake Park.
2.Maximum height of ground sign
base:Three (3) feet.
3.Maximum height of ground
signs:Thirteen (13) feet includ-
ing the base, measured from
the finished grade nearest the
base (excluding berms).
4.Maximum size of ground signs:
One hundred (100) square feet;
copy may be placed on two (2)
sides of a ground sign without
counting the area twice.
b.Pole signs are not attached to any
building and are supported upon
the ground by poles or braces. Pole
signs are not permitted in the C-3
district.
c.Wall signs are those that are
attached to the exterior of a build-
ing or structure in such a manner
that the wall becomes the support-
ing structure, and may form the
background surface, of the sign. Wall
signs are permitted in the C-3 district
provided they meet the following
regulations:
1.Maximum depth of wall signs:
Wall signs may not be painted
directly on the wall and may
not project more than two (2)
feet from the building to which
they are fastened.
2.Allowable slope of wall signs:
Wall signs may not be attached
to walls that slope more than
forty-five (45) degrees from a
vertical plane.
§ 45-34.1 NORTH PALM BEACH CODE
2548Supp. No. 75
3.Maximum height of wall signs:
Eighteen (18) feet measured
from the finished grade near-
est the wall, except that on a
building of more than two (2)
stories, a single wall sign is
allowed above eighteen (18)
feet. No wall sign may extend
above the top of the wall to
which it is attached.
4.Maximum number of wall signs:
One (1) permanent wall sign is
permitted for each business
which has direct ground level
walk-in access from a public or
private roadway or sidewalk,
and one additional permanent
wall sign identifying the build-
ing is permitted for each
multiple occupancy complex.
5.Maximum size of wall signs:
Five (5) percent of the area of
the wall to which it is attached;
or seven (7) percent if the front
building setback is greater than
seventy (70) feet; or ten (10)
percent if the front building
setback is greater than one
hundred (100) feet. However,
in no case shall a wall sign
exceed one hundred (100)
square feet in size.
d.Roof signs are erected and
constructed wholly on and over the
roof of a building, and are supported
by the roof structure or are an
integral part of the roof. Roof signs
are not permitted in the C-3 district.
e.Size computations:When these
regulations establish the maximum
size of a sign, it shall be computed
by means of the smallest square,
circle, rectangle, triangle, or
combination thereof that will
encompass the extreme limits of the
writing, representation, emblem, or
other display, together with any
material or color forming an integral
part of the background of the display
or used to differentiate the sign any
backdrop or structure against which
it is placed.
f.Allowable colors:Notwithstanding
the regulations in Chapter 6 of this
Code, color tones utilized for all
signs complying with these regula-
tions shall be compatible with sur-
rounding area.
g.Lighting:Signs containing illumina-
tion shall be turned off by 12:00
a.m. (midnight) each night, or when
the business closes, whichever is
later.
h.Appeals:Notwithstanding conflict-
ing appeal procedures found
elsewhere in this Code, all requests
for modifications to sign regulations
in the C-3 zoning district shall be
made through the special C-3 PUD
procedures found below in
45-34.1(10).
(8)Surface water management.A complete
surface water management system shall
be provided to current standards of the
South Florida Water Management District
whenever a building or parking area is
substantially redeveloped.
(9)Location of business for retail sales of
alcoholic beverages.
a. No licensed retail sales of alcoholic
beverages shall be carried on where
the proposed place of business is
within five hundred (500) feet of a
church, synagogue, temple or other
place of worship.
b. The method of measurement
provided for above shall be made or
taken from the main front entrance
of such church to the main front
entrance of the applicants proposed
place of business along the route of
ordinary pedestrian traffic.
c. The restrictions of section 45-34.1(9),
(1)[a.] shall not apply to the retail
sale of beer, ale or wine for off-
premises consumption.
§ 45-34.1APPENDIX C—ZONING
2549Supp. No. 75
d. The restrictions of section 45-34.1(9),
(1)[a.] shall not apply to any bona
fide restaurant as defined and
licensed under Florida Statutes as a
restaurant with full kitchen facili-
ties, regardless of size or seating
capacity, where alcoholic beverages
are served solely as an accessory
use to the restaurant and only when
such restaurant is open for the sale
and service of food.
(10)Special C-3 Planned Unit Development
(PUD) provisions.Land in a C-3 zoning
district may have fragmented ownership
or may adjoin a municipal boundary.
Despite these complications, the Village
of North Palm Beach desires to provide
for an added degree of flexibility in the
placement and interrelationship of the
buildings and land uses in this district.
One (1) or more landowners in the C-3
district may elect to use these special
PUD procedures to seek approval of a
site development plan that resolves owner-
ship or boundary complications and/or
which differs from the literal terms of
these zoning and land development regula-
tions. These procedures may also be used
to seek approval for certain land uses
that are not permitted by right in the C-3
district (see section 45-34.1(1) above) or
to request a specific modification to the
sign regulations. However, any PUD
approval under these procedures must be
consistent with the spirit and intent of
the C-3 zoning district and must also be
consistent with the Comprehensive Plan.
a.Allowable changes to existing regula-
tions:No PUD approval can permit
any development that is inconsistent
with the Comprehensive Plan.
Subject to this limitation, changes
may be considered through this
process to any other zoning and
land development regulation that
the village council finds would
unduly constrain desirable re-use
and/or redevelopment of land in the
C-3 zoning district. After any such
changes are made by the village
council, those changes shall govern
to the extent of conflict with these
regulations.
b.Additional land uses:The following
land uses are not permitted by right
but may be approved in response to
a specific PUD application:
1. Automobile, truck, or
motorcycle dealers (new or
used).
2. Cultural, civic, educational,
health care, and religious facili-
ties.
3. Nursing or convalescent homes.
4. Offices for non-profit, religious,
or governmental activities.
5. Automobile service stations, not
involving automobile repairs or
maintenance, including ancil-
lary uses of convenience store
and car wash.
c.Minimum PUD requirements:There
is no minimum parcel size for PUD
applications. However, most favor-
able consideration will be given to
applications that encompass the larg-
est possible land area, and no parcel
that is smaller than its size when
this section was adopted (March,
1995) may be submitted unless it
was properly platted through the
provisions of these land develop-
ment regulations. All parcels submit-
ted in a single PUD application
must be contiguous and must be
owned by or under the unified control
of the applicant.
d.Application procedures:PUD applica-
tions made under this section shall
be accompanied by the applicable
fee and shall contain the following:
1. Satisfactory evidence of uni-
fied control of the entire area
within the proposed PUD;
agreement to abide by the
conditions of approval, if
§ 45-34.1 NORTH PALM BEACH CODE
2550Supp. No. 75
granted; and ability to bind
successors in title to these
conditions if the proposed
development is built.
2. A proposed site development
plan in sufficient detail to show
the approximate locations of
buildings, parking areas, and
stormwater management facili-
ties. This plan shall also show
the exact locations of all access
points to public streets and to
any abutting land zoned C-3,
whether in Lake Park or North
Palm Beach.
3. Unless clearly shown directly
on the site development plan,
an explicit list of zoning and
land development regulations
for which changes are sought,
and the proposed alternate
standards.
4. A specific list describing any of
the additional land uses listed
in section 45-34.1(10)b. for
which the applicant is request-
ing approval.
5. Any volunteered limiting condi-
tions that could provide assur-
ances that the development as
proposed would further the
intent and spirit of the C-3
district and the Comprehensive
Plan.
The site development plan, lists of
alternate standards and additional land
uses, and volunteered conditions should
be submitted in a format suitable for
attachment to an ordinance approving
the requests.
e.Approval process:PUD applications
under this section shall be forwarded
along with recommendations from
staff to the planning commission,
which after holding a public hear-
ing shall make a formal recom-
mendation of approval, partial
approval, or disapproval. The vil-
lage council shall also hold a public
hearing and decide whether to
approve, partially approve, or disap-
prove the PUD application. Unless
the application is disapproved in
full, this action shall be by ordinance.
The applicant may then proceed to
obtain all other needed develop-
ment permits in accordance with
the village's regulations.
f.Applications abutting or crossing a
municipal boundary:Any PUD
application for property abutting or
crossing the Lake Park town bound-
ary shall meet all of the above
requirements. In addition, to protect
the interests of other C-3 landown-
ers and the town, a decision on the
PUD application shall be made by
the village council only at a joint
meeting with the Lake Park Town
Commission.
(Ord. No. 8-95, § 1(Exh. A), 3-23-95; Ord. No.
18-95, §§ 1, 2, 7-13-95; Ord. No. 1-96, § 1,
1-11-96; Ord. No. 35-96, § 1, 8-22-96; Ord. No.
1-97, § 1, 1-9-97)
Sec. 45-35. Public district.
Within any P public district, uses shall be
restricted to those necessary or essential to the
administration and operation of the village or
any other governmental agency, including, but
not limited, to village hall, recreation facilities,
waterworks, pumping stations and sewage facili-
ties.
(Ord. No. 3-82, § 1, 1-28-82)
Sec. 45-35.1. Planned unit development.
I.Statement of intent.
A. The intent of this section is to provide, in
the case of a commercial planned unit
development consisting of one (1.0) or
more acres, in the case of an industrial
planned unit development consisting of
one (1.0) or more acres, and in the case of
a residential planned unit development,
an added degree of flexibility in the
placement and interrelationship of the
§ 45-35.1APPENDIX C—ZONING
2551Supp. No. 75
buildings and uses within the planned
unit development, together with the
implementation of new design concepts.
At the same time the intensity of land
use, density of population and amounts
of light, air, access and required open
space will be maintained for the zoning
district in which the proposed project is
to be located, except as may be permitted
for key redevelopment sites through
subsection 45-35.1.VIII. Nothing herein
should be construed as allowing devia-
tion for uses other than those specified as
permitted uses, nor any greater intensity
of use or density of population nor any
less required open space than that which
is specified in this chapter for the zoning
district in which a proposed project is
located, except as may be permitted
through subsection 45-35.1.VIII.
B. Subject to the foregoing statement of
intent, the village council may, in the
case of commercial, industrial and
residential planned unit developments,
allow for minor modification of the provi-
sions of this chapter or other land develop-
ment regulations in accordance with the
procedure set forth in subsections II, III,
IV and V.
C. The Planned Unit Development
procedures in section 45-35.1 may not be
used in the following zoning districts
which provide a different process for
considering minor modifications:
1. C-MU the C-MU zoning district
allows waivers (see the C-MU zoning
district and section 45-51).
2. C-3 the C-3 zoning district contains
special PUD procedures that apply
only to that district (see subsection
45-34.1.K).
3. C-NB the C-NB zoning district allows
waivers (see the C-NB zoning district
and section 45-51).
II.Filing of application.
A. Any person may file an application with
the village council for minor modifica-
tions of the provisions of this chapter.
This application shall contain at least
the following:
1. All application and review
procedures shall comply with sec-
tion 45-49, Application for rezoning,
of this Code.
2. A statement listing and fully explain-
ing the specific modifications of the
provisions of this chapter 45 which
are desired, as well as the purposes
for which the modifications are
intended.
3. All application procedures for
residential planned unit develop-
ments shall be as required by the
subdivision provisions of this Code.
4. Compliance with the village
comprehensive plan is required.
5. Land covered by the development
plan shall be platted concurrently
with final approval of the develop-
ment plan.
6. The fee for filing an application for
a planned unit development shall
be established in the master fee
scheduled adopted annually as part
of the village budget.
7. The final approved development plan
shall include the plat drawings and
necessary submittals demonstrat-
ing acceptability of all factors and
standards evaluated in subsection
IV(A).
8. All dwelling unit sizes, parking
criteria and building site coverage
must meet the requirements of the
zoning code for each type of proposed
use, except at follows:
Exception A:applicants for assisted
living facilities may, when
accompanied by a justification state-
ment, apply for relief from the off-
street parking and minimum
dwelling unit size requirements.
Exception B:applications submitted
through subsection 45-35.1.VIII for
§ 45-35.1 NORTH PALM BEACH CODE
2552Supp. No. 75
key redevelopment sites may, when
accompanied by a justification state-
ment, apply for relief from off-street
parking and minimum dwelling unit
size requirements. Building site
coverage requirements do not apply.
Exception C:applications for com-
mercial or mixed-use development
may, when accompanied by a
justification statement, apply for
relief from the off-street parking
requirements.
9. All land included for the purpose of
development within a planned unit
development shall be owned or under
the unified control of the applicant
for such zoning designation, whether
the applicant is an individual,
partnership, corporation, trust or
group of individuals, partnerships,
trusts or corporations. The applicant
shall present satisfactory evidence
of the unified control of the entire
area by applicant within the
proposed planned unit development
and shall state agreement that, if
he proceeds with the proposed
development, he will:
a. Do so in accordance with the
officially approved develop-
ment plan and such other condi-
tions or modifications as may
be attached to the special excep-
tion.
b. Provide agreements, covenants,
contracts, deed restrictions or
sureties acceptable to the vil-
lage council, both for comple-
tion of the undertaking in
accordance with the adopted
development plan, and also for
the continuing operation and
maintenance of areas, func-
tions and facilities which the
plan shows are not to be oper-
ated or maintained at general
public expense. Such docu-
ments must be in a form accept-
able to the Village Attorney.
c. Bind his development succes-
sors in title to any commit-
ments made under subsections
a. and b., preceding.
10. Any tract of land for which a planned
unit development is made shall
contain sufficient width, depth and
frontage on a public dedicated arte-
rial or major street or appropriate
access which will accommodate the
proposed use and design.
11. In the event any building or structure
built under this section is destroyed
or removed by or for any cause, said
building or structure, if replaced,
shall be replaced with a building or
structure of similar size and type
not exceeding the dimensions of the
original building or structure. The
developer shall include the appropri-
ate deed restrictions and/or
covenants so as to require replace-
ment as outlined above.
III.Referral to planning commission. The
village council shall refer each application for a
planned unit development to the planning com-
mission for study and recommendation.
IV.Action of planning commission.
A. After a study of an application for a
planned unit development and the
required public hearing, the planning
commission shall make a recommenda-
tion to the village council to approve,
approve as modified, or reject the applica-
tion based upon the following standards:
1. The proposed use or uses shall be of
such location, size and character as
to be in harmony with the appropri-
ate and orderly development of the
zoning district in which situated
and shall not be detrimental to the
orderly development of adjacent
zoning districts.
2. The location and size of the proposed
use or uses, the nature and intensity
of the principal use and all acces-
sory uses, the site layout and its
§ 45-35.1APPENDIX C—ZONING
2553Supp. No. 75
relation to streets giving access to
it, shall be such that traffic to and
from the use or uses, and the
assembly of persons in connection
therewith, will not be hazardous or
inconvenient to the neighborhood
nor conflict with the normal traffic
of the neighborhood. In applying
this standard, the commission shall
consider, among other things:
convenient routes for pedestrian traf-
fic, particularly of children; the
relationship of the proposed project
to main traffic thoroughfares and to
street and road intersections; and,
the general character and intensity
of the existing and potential develop-
ment of the neighborhood. In addi-
tion, where appropriate, the
commission shall determine that
noise, vibration, odor, light, glare,
heat, electromagnetic or radioactive
radiation, or other external effects,
from any source whatsoever which
is connected with the proposed use,
will not have a detrimental effect
upon neighboring property or the
neighboring area in general.
3. The location and height of build-
ings, the location, nature and height
of walls and fences, and the nature
and extent of landscaping of the site
shall be such that they will not
hinder or discourage the proper
development and use of adjacent
land and buildings nor impair the
value thereof.
4. The standards of density and
required open space in the proposed
project are at least equal to those
required by this ordinance in the
zoning district in which the proposed
project is to be located, except as
may be permitted for key redevelop-
ment sites through subsection
45-35.1.VIII.
5. There shall be no uses within the
proposed project which are not
permitted uses in the zoning district
in which the proposed project is to
be located.
Exception: Mixed uses may be
allowed if the existing zoning district
usage is commercial. The mixed
uses shall only be residential and
mercantile or residential and busi-
ness.
B. The commission may recommend such
changes or modifications in the proposed
plan as are needed to achieve conformity
to the standards as herein specified. The
reasons for the changes or modifications
shall be included in the recommendation.
C. The commission shall not recommend
the project unless it finds that all of the
standards as herein specified have been
met. If there are minor modifications to
the provisions of this chapter, the com-
mission may recommend its approval at
the same time. It shall also, where it
deems appropriate and necessary, recom-
mend to the village council those condi-
tions to be imposed upon the project, its
operation, or both, that are needed to
assure adherence to the aforesaid
standards.
V.Action of village council. The village council,
upon the receipt from the planning commission
of the report on the planned unit development
and the minor modifications to the provisions of
this chapter may, after the required public hear-
ing, approve or reject such project and modifica-
tions, incorporating with an approval such
conditions as the council deems appropriate. The
approval shall be by ordinance.
VI.Effect of approval of village council. The
approval of the application by the village council
shall allow the building official to issue a build-
ing permit in conformity with the application as
approved. This permit shall specify with
particularity the exact modifications to the provi-
sions of this chapter which have been approved
by the village council. The holder of this permit
may then proceed with his project in conformity
with said permit. No deviations from the condi-
tions of the permit shall be allowed except those
§ 45-35.1 NORTH PALM BEACH CODE
2554Supp. No. 75
which shall be in conformity with the basic
provisions of this ordinance as they apply to the
zoning district in which the project is located.
The community development director may adjust
a modification to the provisions of this chapter
only if the adjustment had been authorized by
conditions that the Village Council placed on the
planned unit development approval.
VII.Public notice.Public notice of all hear-
ings conducted in accordance with this section
shall be provided as required by section 21-3 of
the village Code.
VIII.Key redevelopment sites.The village has
identified key sites in need of redevelopment and
encourages the use of this Planned Unit Develop-
ment process to redevelop those sites in accordance
with design concepts developed or endorsed by
the village. Minor modifications to the provi-
sions of this chapter or other land development
regulations may be requested through the Planned
Unit Development process for these sites. The
following additional standards apply during this
process:
1.Regulating plans.Eligible sites are
depicted on regulating plans in Figures
45-35.1-A-1, 45-35.1-B-1, and 45-35-1-
C-1.
2.Illustrative plans. Renderings or illustra-
tive plans may be provided in this subsec-
tion to show hypothetical buildings on
eligible sites using these standards. See
Figures 45-35.1-A-2, 45-35.1-B-2, and
45-35.1-C-2.
3.Build-to zone.Where build-to zones are
shown on the regulating plan, the build-to
zone is zero (0) feet minimum and twenty
(20) feet maximum using the methodol-
ogy in the C-MU zoning district (unless
different distances are specified on the
regulating plan). Build-to zones supersede
setback requirements in the underlying
zoning district.
4.Floor-to-area ratio.The Comprehensive
Plan establishes caps on the ratio of floor
area to lot area for most land in the
village; however, those caps do not apply
to these key redevelopment sites.
5.Building frontage standards.Where
build-to zones are shown on the regulat-
ing plan, building frontages must be at
least 60% of the lot width, measured
using the methodology in the C-MU zoning
district (unless a different percentage is
specified on the regulating plan).
6.Building height.Buildings may be up to
four (4) stories tall. For the purpose of
calculating the number of stories in a
building, see the methodology in the
C-MU zoning district. This height limita-
tion supersedes height limitations in the
underlying zoning district.
7.Façade transparency.Where build-to zones
or civic spaces are shown on the regulat-
ing plan, facades must be at least 30%
transparent at the ground story and 20%
transparent at each upper story, measured
using the methodology in the C-MU zoning
district (unless different percentages are
specified on the regulating plan).
8.Encroachments.Architectural elements
may project beyond the closest point to a
property line where an exterior wall may
be constructed to the same extent as
allowed in the C-MU zoning district,
irrespective of setback requirements in
the underlying zoning district.
9.Parking setbacks.New or reconfigured
surface parking lots must be set back at
least fifty (50) feet from US Highway 1
and at least thirty (30) feet from all other
existing and new streets.
10.Parking garages.Parking spaces may be
provided under or in buildings or in
dedicated parking garages instead of being
provided in uncovered surface parking
lots. Such parking spaces need not comply
with the minimum setbacks for surface
parking lots, but must be screened from
view from all streets. Screening may be
provided by rooms in the same building
or with a liner building that is at least
two (2) stories tall with rooms at least
twenty (20) feet deep.
§ 45-35.1APPENDIX C—ZONING
2555Supp. No. 75
11.New streets.Where a new street is shown
on the regulating plan, the new street
must be constructed using the standards
in the C-MU zoning district (unless dif-
ferent standards are specified on the
regulating plan).
12.Sidewalk easements.Where a sidewalk
easement is shown on the regulating
plan, the easement must be dedicated
and the sidewalk must be constructed
using the standards in the C-MU zoning
district.
§ 45-35.1 NORTH PALM BEACH CODE
2556Supp. No. 75
Figure 45-35.1-A-1: Camelot Regulating Plan
§ 45-35.1APPENDIX C—ZONING
2557Supp. No. 75
Figure 45-35.1-A-2: Camelot Illustrative Plan
§ 45-35.1 NORTH PALM BEACH CODE
2558Supp. No. 75
Figure 45-35.1-B-1: Crystal Cove Regulating Plan
§ 45-35.1APPENDIX C—ZONING
2559Supp. No. 75
Figure 45-35.1-B-2: Crystal Cove Illustrative Plan
§ 45-35.1 NORTH PALM BEACH CODE
2560Supp. No. 75
Figure 45-35.1-C-1: Shore Court at US 1 Regulating Plan
§ 45-35.1APPENDIX C—ZONING
2561Supp. No. 75
Figure 45-35.1-C-2: Shore Court at US 1 Illustrative Plan
§ 45-35.1 NORTH PALM BEACH CODE
2562Supp. No. 75
(Ord. No. 23-79, § 1, 10-25-79; Ord. No. 16-87,
§ 1, 10-22-87; Ord. No. 2006-05, § 1, 4-13-06;
Ord. No. 2009-16, § 6, 11-12-09; Ord. No. 2011-
10, § 2, 5-26-11; Ord. No. 2014-09, § 14, 9-25-14;
Ord. No. 2015-10, § 4, 6-11-15; Ord. No. 2020-
06, § 21(Exh. 5), 9-24-20)
Sec. 45-35.2. OS conservation and open
space district.
A.Intent.The intent of this section is to
provide for land uses and activities within land
areas designated for the primary purpose of
conserving or protecting natural resources of
environmental quality.
B.Uses permitted.Within any part of the OS
conservation and open space district, no build-
ing, structure, land or water shall be used,
except for one (1) or more of the following uses:
1. Passive recreation;
2. Flood control;
3. Protection of quality or quantity of ground
water or surface water;
4. Floodplain management;
5. Fisheries management;
6. Protection of vegetative community or
wildlife habitats;
7. Residential and administrative buildings
for the protection of the OS district;
8. Single-family dwellings with accessory
buildings customarily incident thereto.
C.Building height regulations.No main build-
ing shall exceed two (2) stories in height and no
accessory building more than one (1) story.
D.Building site area regulations.The
minimum lot or building site for each single
family dwelling shall be one (1) acre of upland
area and have at least one (1) lot dimension,
width or length, of a minimum of one hundred
fifty (150) feet.
E.Yard space regulation.No building or por-
tion thereof shall occupy a position fifty (50) feet
or less from the upland/wetland boundary of the
property.
F.Coastal zone protection.The Village of North
Palm Beach adopts, by reference, the Palm Beach
County Coastal Protection Ordinance No. 90-2
in its entirety.
(Ord. No. 20-90, § 2, 6-28-90; Ord. No. 25-90, § 1,
6-28-90; Ord. No. 24-91, § 1, 7-11-91; Ord. No.
2020-06, § 22, 9-24-20)
Sec. 45-35.3. C-NB Northlake Boulevard
commercial district.
Article 1 Established.
The Northlake Boulevard commercial district
shall consist of real properties within the village
on the north side of Northlake Boulevard between
Alternate A1A and US Highway 1 as indicated
on the official zoning map.
Article 2 Consistency With Comprehensive
Land Use Plan
The establishment of the C-NB district is
hereby declared consistent with the village
comprehensive plan.
Article 3 General Provisions
Sec. 3-1 Applicability.
A.Applicability.The provisions of the C-NB
district shall apply to all existing and future
development within the boundaries of the C-NB
district as follows:
1. All new development.
2. All renovations, additions, or redevelop-
ment to existing structures where the
cost of such is greater than fifty (50)
percent of the assessed improvement value
of the parcel, indicated on the most recent
tax roll of Palm Beach County Property
Appraiser, or an increase of greater than
twenty (20) percent of the square footage
of the existing structure shall conform to
one hundred (100) percent of the C-NB
Regulations.
3. When the use of an existing structure
ceases for one hundred eighty (180)
consecutive days, or as otherwise
determined to be a discontinued or
abandoned use by the local zoning code.
§ 45-35.3APPENDIX C—ZONING
2563Supp. No. 75
B.Invalid approvals.Invalid development
orders or permits of projects, which have been
revoked or have expired shall be subject to all
applicable provisions of the C-NB district.
Sec. 3-2 Procedures, variances, and waiv-
ers.
A.Submittal and review procedures. Develop-
ment or redevelopment within the corridor shall
adhere to the regulations imposed by the C-NB
district. Compliance with the standards of the
C-NB district shall be demonstrated by submit-
tal of architectural drawings and a site develop-
ment plan or site improvement plan in accordance
with village regulations, which generally require
site plan and appearance approval before build-
ing and other permits may be issued. That
approval shall reflect the restrictions imposed by
the C-NB district.
B.Variances.Variances may be granted by
the village to standards in the C-NB district
using the same procedures and criteria the
village uses in granting variances from other
regulations (see section 45-50).
C.Waivers.Waivers may be granted by the
village to certain standards in the C-NB district
in accordance with the applicable village
procedures for granting waivers (see section
45-51), with these additional requirements:
1. The waiver process in the C-NB district
cannot be used to:
a. Increase the allowable residential
density or building height.
b. Add uses that are not allowable
under this Code.
2. These additional findings must be made
before the village approves a waiver in
the C-NB district:
a. The proposed waiver meets the
intent of the Northlake Boulevard
regulations adopted concurrently by
the village, county, Town of Lake
Park, and City of Palm Beach
Gardens.
Article 4 Zoning Regulations
Sec. 4-1 Development review regulations.
A.Allowable Uses.Table 4-1 indicates allow-
able uses in the C-NB district.
1. The uses listed in Table 4-1 are grouped
into four (4) use groups: Residential Uses,
Lodging Uses, Business Uses, and Civic
& Education Uses.
2. In one (1) of the columns following each
listed use, a symbol is provided to indicate
that:
a. This use is permitted by right; or
b. This use may be approved as a
special exception;see section 45-16.2
for standards and procedures; or
c. This use, like other uses not listed
in Table 4-1, is not permitted in the
C-NB district.
3. Terms in Table 4-1 are defined in section
45-2 under "Use Groups."
4. Also refer to section 45-16.1 on uses that
are similar to uses listed in Table 4-1.
Table 4-1 Allowable Uses
PERMITTED
USE
SPECIAL
EXCEPTION
NOT PERMIT-
TED
RESIDENTIAL USES
Mobile home park
Dwelling, one family detached
Dwelling, all other dwelling types
Live/work unit
Assisted living facility
Community residential home
LODGING USES
Bed-and-breakfast establishment
§ 45-35.3 NORTH PALM BEACH CODE
2564Supp. No. 75
PERMITTED
USE
SPECIAL
EXCEPTION
NOT PERMIT-
TED
Hotel
Motel
Time-share unit
BUSINESS USES
Offices, general
Office or clinic, medical or dental
Stores & services, general
Stores & services, large format
Adult entertainment
Convenience store with fuel
Dog daycare
Drive-through facility (for any use)
Garage, parking
Heavy commercial and light industrial:
Contractor and trade operation
Vehicle sales or repair
All other
Medical marijuana treatment center
Restaurant or cocktail lounge
Telecommunications antennas
CIVIC & EDUCATION USES
Child care facility
Church or place of assembly
Civic space
Family day care
Government building
Hospital or medical center
Public space
School, public or private
B.Building height.Building height is regulated
through the architectural standards in Article 5;
in no case may a building in the C-NB zoning
district exceed four (4) stories in height. For the
purpose of calculating the number of stories in a
building, stories shall be defined as the space
between finished floor and finished ceiling,
adjusted as follows:
1. Each level devoted to parking is considered
as individual story when calculating the
number of stories in a building.
2. A mezzanine will not count towards the
number of stories provided that the total
area of mezzanine level is less than forty
(40) percent of the floor area of the main
story below.
C.Existing planned development districts.
Properties within the jurisdiction of the village,
which have a PUD designation at the time of
adoption of the original NBOZ overlay in 2003,
shall be permitted to have uses and design
guidelines in accordance with the development
order for that planned development district so
long as the development order is in effect. Any
amendment to the PUD will have to comply with
the design guidelines of the current C-NB district.
D.Accessory use. An accessory use is customar-
ily associated with the principal use, incidental
to the principal use, and subordinate in area,
extent or purpose, and serves only the principal
use. Accessory uses shall be subject to the
following:
1. All accessory uses shall be located on the
same lot as the principal use.
2. A use that is an accessory to a
nonresidential principal use shall not
exceed thirty (30) percent of the floor
area or business receipts of the principal
use.
§ 45-35.3APPENDIX C—ZONING
2565Supp. No. 75
E.Parking and loading.Properties will retain
the existing parking ratios as of the date of
adoption of the C-NB Code, which are listed in
C-S code section 45-33.E. A new mixed-use
development or mixed-use redevelopment may
be granted the mixed-use parking standards
listed in Table 16.A within 45-31.H.
a. Physical standards for parking lots,
driveways, and loading are provided in
subsection 45-36.J.
b. Mixed-use developments qualify for the
shared-parking percentage reductions
specified in Figure 14 in 45-31 (H)
provided the development includes at
least 10% of its gross floor area in a
second category on Figure 14 (residential,
lodging, office, business, and civic/educa-
tion uses).
F.Measuring distances. All required distances
between structures and/or uses within this article
shall be measured and determined irrespective
of existing municipal boundaries.
G. Notwithstanding anything contained
elsewhere within this Code, the properties covered
by the C-NB district which have approved uses
under the immediately prior zoning district of
the village that are considered or deemed not
approved uses in the land use chart above, shall
retain their permitted status rather than being
deemed non-conforming (see sections 45-60-45-
68).
Article 5 Architectural Elements
Sec. 5-1 General provisions.
A.Intent.The provisions of this article are
established to provide the C-NB district with an
overall architectural style that is consistent with
the area and will assist in revitalization and
redevelopment of the entire area.
B.Applicability.
1. New buildings or structures constructed
within the C-NB district shall conform to
one hundred (100) percent of the C-NB
district design guidelines.
2. All renovations, additions, or redevelop-
ment to existing structures where the
cost of such is greater than fifty (50)
percent of the assessed improvement value
of the parcel, indicated on the most recent
tax roll of Palm Beach County Property
Appraiser, or an increase of greater than
twenty (20) percent of the square footage
of the existing structure shall conform to
one hundred (100) percent of the C-NB
district regulations.
3. All renovations, additions, or redevelop-
ment of existing structures where the
cost of such is less than fifty (50) percent
of the assessed improvement value of the
parcel, indicated on the most recent tax
roll of Palm Beach County Property
Appraiser, or an increase of less than
twenty (20) percent of the square footage
of the existing structure shall conform
with article 5: architectural elements to
the greatest extent possible.
4. Minor repairs, maintenance, or similar
improvements are exempt from the C-NB
district regulations.
C.Compatibility with setting.Buildings shall
be designed to be compatible with the surround-
ing manmade and natural environment to achieve
an overall, unified design and character for the
C-NB district. Design shall consider:
1. The massing of buildings to encourage
and allow pedestrian access between sites
and structures;
2. The avoidance of blank walls or similar
features without architectural interest;
3. The variety of protective features, such
as arcades and awnings, building
overhangs, landscaping;
4. And the size, location, and shape of
windows and doors.
D.Alternative architectural styles.The vil-
lage may authorize the use of an alternative
architectural style if determined to be consistent
with the surrounding architectural character
and design intent of the C-NB district.
§ 45-35.3 NORTH PALM BEACH CODE
2566Supp. No. 75
E.Facade/wall height transition.New developments that are located within one hundred fifty (150)
feet of an existing building, and are more than twice the height of any existing building within one
hundred fifty (150) feet shall provide massing elements to provide an appropriate structure transition.
1. The transitional massing element can be no more than one hundred (100) percent taller than
the average height of the adjacent buildings.
2. Facades shall have architectural articulation at the pedestrian level and at the roofline.
F.Illustrative architectural elements.Drawings found in Attachment A represent architectural
elements that are appropriate and/or inappropriate for the C-NB district as per this article. They are
intended for illustrative purposes only, to guide the property owner and village through the design
intent of the C-NB district and are not to regulate or suggest specific architectural design.
Sec. 5-2 Design treatments.
A.Building design.Structures shall be
required to provide three (3) of the following
minimum design treatments:
1. The main facades shall incorporate
architectural elements, which create a
better human scale, such as;
a. Canopies or porticos integrated with
the building's massing and style;
b. Overhangs proportional in size to
the mass of the building; and
c. Arcades.
2. Pedestrian amenities such as benches,
sculptures, tables with umbrellas, and
trash receptacles;
3. Peaked roofs with minimum twelve (12)
inch overhangs;
4. Ornamental and structural architectural
details, which are integrated into the
building structure and overall design;
and
5. Architectural treatment on all four (4)
facades/elevations.
a. Articulation of individual storefronts
or facades greater than fifty (50)
feet wide;
b. Window and door openings expressed
as individual units as opposed to
window wall strips;
c. Uniform design; and
Facade Wall Height Transition
§ 45-35.3APPENDIX C—ZONING
2567Supp. No. 75
d. Any other treatment determined by the village to meet the intent of this section.
B.Unity of character.Buildings or structures, which are part of an existing or future complex shall
have a unity of character and design.
C.Style.Appropriate historical "themes"as defined by this article are permitted.
D.Identical buildings.Buildings and structures that are identical or similar in design shall not be
permitted throughout the corridor unless each building is part of an overall development with uniform
architectural themes.
E.Scale.New structures shall relate to the form and scale of surrounding architecture. Buildings
taller than two (2) stories shall be evaluated as to their visual impacts upon adjacent structures.
F.Compatible exterior materials and architectural elements.
1. Lattice work, decorative moldings.
2. Covered porches with columns and railings.
3. Arbors, trellises, gazebos, picket fences.
Building Design
Unity of Character
§ 45-35.3 NORTH PALM BEACH CODE
2568Supp. No. 75
G.Incompatible architectural elements.Unarticulated, flat, or blank facades are not permitted
within the C-NB district.
H.Proportion.The proportion of the major elements of a development such as windows, doors and
storefront design shall be consistent throughout the development.
Sec. 5-3 Building facade/elevation.
A.Building features and ornamentation.The
following building features and ornamentation
are encouraged:
1. Cornicesandparapets,moldings,pilasters,
window surrounds, asymmetrical facades,
multi-level roofs, and similar elements;
2. Tile, plaster, poured concrete, or brick
materials, consistent with design and
style;
3. Functional and ornamental balconies and
balustrades located on the walls or facades
facing public rights-of-way, excluding
alleys.
4. Arcades designed with arches; and
5. Exterior detail elements such as banding
and other applied stucco detailing.
B.Preferred exterior materials.Preferred build-
ing exterior siding materials shall include stucco
and brick, however cast stone, split blocks, ceramic
tiles, high quality coated metal panel systems,
and stone are acceptable. Materials including
woods, metal siding, fluted block and glass window
systems are discouraged within the C-NB district.
C.Recesses/projections.Facades greater than
fifty (50) feet in length shall incorporate recesses
and projections a minimum of twelve (12) inches
in depth along a minimum of twenty (20) percent
of the total length of the facade. The recesses or
projections shall be distributed along the facade
with a maximum spacing of one hundred (100)
feet between each recess or projection.
D.Visible facades.All building facades visible
from public rights-of-way and adjacent proper-
ties shall be designed with regard to their sur-
roundings and should not be construed as creating
look-alike buildings. Harmony shall be achieved
through the proper use of scale, proportions,
form, materials, texture, and color.
E.Trademark forms and colors.Buildings
and structures which use trademark or symbolic
forms and colors and which have a negative
impact on the visual environment of the area, as
determined by the village, are prohibited.
F.Blank walls.Blank walls shall not exceed ten (10) feet in height or twenty (20) feet in length.
Control and expansion joints shall constitute a blank wall,unless used in a decorative pattern with
varied materials or textures and spaced a maximum of ten (10)feet on center. Relief and reveal depth
Incompatible Architectural Elements
§ 45-35.3APPENDIX C—ZONING
2569Supp. No. 75
shall be a minimum of three-quarter (
3/4) inch. Building wall offsets, including projections, recesses and
changes in floor level, shall be used to add architectural interest and variety. ______________________
G.Other features.Other features, such as
gutters, down spouts, vent stacks, vent pipes,
and flashing shall be painted in such a way so
the color is consistent with the color scheme of
the building.
H.Storefronts.Individual storefront ele-
ments of fifty (50) to one hundred (100) foot
widths shall be incorporated into the front facade
to create a smaller scale for the building.
Individual ground-level retail uses with exterior
public access that are part of a larger freestand-
ing building shall have display windows along a
minimum of twenty (20) percent of the facade
length. Windows shall be defined with details
such as frames, sills, shutters, planters, relief
trims, or lintels.
Sec. 5-4 Building color and finish.
A.General.Building materials and color selec-
tion shall achieve visual order through the
consistent use of compatible color palettes.
1. All storefronts within a development shall
utilize a consistent palette of materials
and textures.
a. Variation of individual storefronts
within a given palette of materials
may be permitted, however principal
walls and facades must maintain a
uniform color.
b. Different colors for individual
storefronts within a complex are
permitted as long as overall design
integrity is not compromised.
2. Color should be chosen to add to the
retail environment of these buildings.
3. The use of color to attract attention to a
business from a distance is discouraged.
B.Color palette.Colors of the structures within
the C-NB district are to reflect the following
characteristics:
1. Primary colors for structures must be
white, light gray, eggshell, pale blue, pale
green, coral, peach, pale yellow, buff,
beige, and sand.
2. Secondary building colors should be
limited to twenty-five (25) percent of the
wall area. These colors may consist of a
medium intensity of the base building
color or a complimentary color.
3. Trim colors shall be limited to ten (10)
percent of any single wall area. Trim
colors are used for accent and identifying
purposes and are the brightest group of
colors allowed. These colors include
greens, blues, yellows, and others that
are found in our lush landscape and
natural features.
Blank Walls
§ 45-35.3 NORTH PALM BEACH CODE
2570Supp. No. 75
4. Ornamentation, trim, courses, window
frames, and door frames may be painted
white or a contrasting color such as dark
brown, dark gray, blue, light green, brown,
plum, black.
5. Roof materials may be brown, gray, white
or other color consistent with the overall
color scheme of the structure.
________________________________________________________________________________________
Sec. 5-5 Architectural elements.
A.Pedestrian walkways.Pedestrian walkways with arcades, awnings or colonnades shall be
provided along the front and sides of buildings and be integrated with adjacent properties. Arcades or
colonnades shall have a minimum clearance width of six (6) feet and minimum clearance height of
twelve (12) feet. Awnings shall have a minimum clearance width of six (6) feet and minimum clearance
height of eight (8) feet.
B.Building height.Building height is defined by the applicable building code.Maximum building
heights are subject to a finding of compatibility of adjacent structures as follows:
1. A maximum height of forty (40) feet.
Pedestrian Walkways
§ 45-35.3APPENDIX C—ZONING
2571Supp. No. 75
C.Entrances.Entrance design elements that are intended to give protection from the sun and
adverse weather conditions shall be integrated into a design style for the building. Each freestanding
principal structure shall have a minimum of one (1) clearly defined primary public entrance feature.
The primary entrance shall incorporate a minimum of one (1) design element each from Tables 5-5A
and 5-5B below:
Table 5-5A
Primary Entrance
Feature Design Element
(1) Canopies, porte-cochere, or porticos;
(2) Wall recess or projection of a minimum of twelve (12) inches in depth;
(3) Covered arcades, a minimum of eight (8) feet clearance in width;
(4) Peaked roof forms; and
(5) Arches, columns, or pilasters.
Table 5-5B
Secondary Decorative Treatment
(1) Overhangs, cornices and eaves;
(2) Decorative moldings or trims around windows and doors;
(3) Covered public outdoor patio or plaza incorporated with entrance area which are not part
of a tenant space;
(4) Special pavers, bricks, decorative concrete, or other similar pavement treatment;
(5) Architectural details such as tile work or moldings;
(6) Benches or other seating components;
(7) Decorative landscape planters or wing walls that incorporate; landscaped areas; and
(8) Structural or vegetative shading.
Entrances
§ 45-35.3 NORTH PALM BEACH CODE
2572Supp. No. 75
D.Mechanical equipment screening.All rooftop mechanical equipment shall be located at a distance
from the edge of the building and properly screened so as not to be visible from any street or adjoining
property. Materials used for screening purposes shall be compatible with the architectural style, color,
and materials of the principal building.
E.Cornices.Existing cornices should be retained and preserved. _______________________________
Sec. 5-6 Window/door treatments.
A.Windows.The following major design
characteristics are encouraged:
1. Arches integrated into window designs;
2. Trim color in contrast with principal
color of structure;
3. Large ground level store front windows,
consisting of at least fifty (50) percent of
the wall area of the storefront;
a. The windows of all ground floor
businesses open to the public shall
remain clear of curtains, shutters,
or similar visual barriers, which
would obscure interior displays or
activities.
b. Reflective or darkly tinted glass, which prevents seeing into the building is not permitted
on the ground level. _______________________________________________________________
Mechanical Equipment Screening
Windows
§ 45-35.3APPENDIX C—ZONING
2573Supp. No. 75
4. Recessed openings;
5. Hurricane/security panels or shutters
which are removable, recessed, or
architecturally compatible with overall
design, and consistent with wind load
resistance standards; and
6. Replacement windows should fill the
entire opening and duplicate the original
pattern. Surrounding trim should be
retained in the proper style and propor-
tion.
B.Doors.The following major design
characteristics are encouraged:
1. Recessed openings;
2. Scaled and proportionate to balance of
structure;
3. Articulated and ornamental door design;
and
4. Use of materials to convey mass and
strength.
C.Awnings.Awnings shall reflect colors that
compliment the existing architecture and not
detract from the storefront or from adjacent
storefronts.
1. All awning supports should be attached
to the building, not placed in the sidewalk
or extending into the parking lot.
Additionally, awning frames should be
simple pipe frames, well concealed by
canvas covers or attachments.
2. Plastic backlit awnings or awnings constructed of shiny materials are not permitted. ________
D.Fenestration and details.Architectural
features or details such as windows, awnings,
covered arcades, sills, shutters, reliefs, trims,
columns, pilasters, quoins, reveals, cornices,
horizontal banding, arches, decorative vents,
and/or accent tile, shall be integrated into the
facade to avoid the appearance of a blank wall
and shall be provided along a minimum of sixty
(60) percent of the facade length of the front and
side facades, and rear facades if continuous to a
public street or residential zoning district.
E.Materials.Doors and windows should be
glass and aluminum (painted) storefront, high
quality steel and glass systems, high quality
woods such as plantation grown teak or mahogany,
and brass, bronze or stainless steel.
F.Exterior treatment.The exterior treatment
of the front elevation shall consist of a minimum
of two (2) different building materials, textures,
or finishes at a ratio of a maximum of eighty (80)
percent for the primary treatment and a minimum
of twenty (20) percent total for the secondary
treatment. Exterior finishes such as stucco, brick,
wood, coquina or cut stone are encouraged. The
Awnings
§ 45-35.3 NORTH PALM BEACH CODE
2574Supp. No. 75
surfaces of multiple exterior storefronts within a
building, except regional commercial facilities,
shall compliment contiguous storefronts.
G.Kick plates.Kick plates protect windows
by raising the glass area to a safer and more
easily viewed height. New storefront can have
simplified kick plates, or have an all-glass front
that creates a kick plate line and proportion by
use of a framing bar or painted line.
Sec. 5-7 Preferred roof materials/styles.
A.Design types.The following major design
characteristics are encouraged.
1. Flat roofs with an articulated parapet of
four (4) feet in height necessary to screen
mechanical equipment.
2. Hip or gable roofs, minimum of 1:3 pitch,
positioned so that the hip-roof end is
facing the street.
3. Exposed rafter tails.
4. Pitched roofs or shed-style arcades of
flat, S-shape, or barrel vaulted cement or
clay tiles are encouraged.
5. Standing seam metal roofs made of copper,
stainless steel or galvanized steel are
acceptable. Other metal roof types includ-
ing industrial rib roofs are prohibited.
6. Mansard roof, which shall wrap around
the building so that there is visual continu-
ity around the entire building. Vertical
roofs and mansard roofs used on a por-
tion of the building perimeter only are
prohibited.
7. Overhangs over pedestrian walkways are
encouraged to provide shade and rain
protection. All overhangs shall wrap
around the building so that there is
visual continuity around the entire build-
ing.
B.Treatments.Roof features shall be in scale
with the building's mass and complement the
character of adjoining and or adjacent buildings.
C.Edge and parapet treatment.A minimum
of two (2) locations, the roof edge and/or parapet
shall have a vertical change from the dominant
roof condition a minimum of four (4) feet. At
least one (1) such change shall be located on a
primary facade adjacent to Northlake Blvd.
Designers are encouraged to articulate the parapet
wall as a means of adding interest to the build-
ing facade and to screen any mechanical equip-
ment.
D.Preferred materials for pitched roofs.Roof-
ing material should be constructed to enhance
the appearance of the community. Materials
shall include glazed or unglazed ceramic tiles,
metal shingle, concrete tile, or slate barrel,"s"
shape, or similar style clay or cement tiles.
E.Large, unarticulated roofs.The roofline at the top of the structure shall not run continuously for
more than one hundred (100) feet without offsetting or jogging the roof plane. _____________________
Large, Unarticulated Roofs
§ 45-35.3APPENDIX C—ZONING
2575Supp. No. 75
Sec. 5-8 Definitions.
A. The definitions set forth in this section
shall be construed to be the same as if incorporated
in the villages' development regulations.
1.Architectural composition.The scale,
height, mass, proportion, color, form, style,
detail, treatment, texture, construction
material, and roof design of a project or
building.
2.Articulated parapet.A parapet with a
height variation proportional to the build-
ing height.
3.Balustrade.A series of balusters with a
top and bottom rail.
4.Bracket.A decorative support feature
located under eaves or overhangs.
5.Canopy.An ornamental roof-like structure
used on commercial buildings, which
provide advertisement space, shade, and
protection for the storefront and
pedestrian traffic.
6.Compatible/compatibility.Design that
utilizes accepted site planning (e.g. build-
ing placement, orientation and siting)
and the elements of architectural composi-
tion within the context of the surround-
ing area. Similar adjacent land uses or
square footage shall not necessarily
constitute architectural compatibility.
7.Complement/complementary.Having
similar architectural composition.
8.Dormer.A secondary feature of a build-
ing housing a window or vent, which is
set upon the slope of a roof surface.
Dormers may provide ventilation, light-
ing, or auxiliary living space.
9.Eave.The projecting overhang at the
bottom edge of a roof surface.
10.Exposed beam.A decorative wooden beam
that appears to support eaves, prevalent
on Bungalow-style residences.
11.Frieze.A wide facing board located at the
junction of the exterior wall and roof
eaves.
12.Gable roof.A triangular section at the
end of a pitched roof.
13.Historical themes.Any building,
structure, or other architecture which is
historically or architecturally significant.
Recognized architectural styles such as
Spanish Eclectic, Mediterranean Revival,
Florida Vernacular, Bermuda/Island is
appropriate for the C-NB district.
14.Hip roof.A roof with sloping sides and
ends.
15.Lattice.A panel of criss-crossed diagonal
or perpendicular slats often utilized as
decorative infill between masonry founda-
tion piers.
16.Lintel.A horizontal beam located above a
window or door.
17.Louver.A door or window comprised of
overlappingdownwardslopingslats,which
shed rain while admitting light and air.
18.Masonry.Brick, block, or stone, which is
secured with mortar.
19.Massing.A term used to define the over
all volume or size of a building.
20.Molding.A continuous decorative strip of
material applied to a surface.
21.Parapet.A solid protective or decorative
wall located along the outside edge of a
roof.
22.Rafter.A wooden member of a roof frame,
which slopes downward from the ridgel-
ine.
23.Scale.A term used to define the propor-
tions of a building in relation to its
surroundings.
24.Shed roof.A roof with a single sloping
pitch.
25.Stucco.A masonry material applied as
exterior wall fabric.
26.Substantial renovation.Any expansion,
alteration, renovation, addition, or
redevelopment to existing structures
where the cost of such is greater than
fifty (50) percent of the assessed improve-
§ 45-35.3 NORTH PALM BEACH CODE
2576Supp. No. 75
ment value of the parcel, indicated on the
most recent tax roll of Palm Beach County
Property Appraiser, or an increase of
greater than twenty (20) percent of the
square footage of the existing structure.
Article 6 Reserved Similar provisions can now
be found in art. VIII.
Article 7 Signage and Outdoor Displays
Sec. 7-1 General provisions.
A.Intent.It is the intent of this article to:
1. Regulate and limit the existing and
proposed posting, display, erection, use
and maintenance of signs and other
advertising structures within the C-NB
district.
2. Protect property values, create a more
attractive economic and business climate,
enhance and protect the physical appear-
ance of the community and preserve the
scenic and natural beauty of the C-NB
district.
3. Secure and preserve the right of free
expression guaranteed by the First
Amendment of the Constitution of the
United States.
B.Nonconforming signs.A nonconforming sign
is any sign which was established pursuant to
the issuance of a sign permit on or before the
effective date of these regulations, and which is
rendered nonconforming by the provisions of this
article.
1. All accessory signs, wall signs, freestand-
ing signs, awning signs, pole signs, and
ground signs erected within the corridor
that do not conform to the terms of this
article shall conform by May 31, 2014 or
be removed from the premises.
2. A face change on a wall sign, awning
sign, pole sign or ground sign will not
require the sign to conform. However, all
other signs and outdoor displays includ-
ing, but not limiting to flags, balloons,
banners and temporary signs shall be
removed within thirty (30) days of the
effective date of this article.
3. A nonconforming sign may not be enlarged
or altered.
4. If a nonconforming sign is damaged or
destroyed by any means to the extent of
fifty (50) percent or more of its replace-
ment value at the time of the damage,
the sign may not be rebuilt or used
thereafter unless it conforms to all of the
provisions of this article.
5. Legal billboards that are subject to exist-
ing settlement agreements with Palm
Beach County are not to be considered
nonconforming, and therefore are not
subject to the amortization schedule set
forth in the C-NB district.
C.Amortized signage.Signs subject to an
amortization schedule by the village, prior to the
adoption of the C-NB district, shall be required
to adhere to the previous amortization schedule.
D.Removal of nonconforming signs.Any sign
which may become nonconforming as a result of
these regulations may be continued in operation
and maintained for ten (10) years as a legal
nonconforming sign, provided that:
1. Damaged nonconforming signs, which may
not be reconstructed or repaired under
the terms of this section, shall be removed
within twenty (20) days after the damage
or destruction occurs.
2. In the event the damage or destruction is
less than fifty (50) percent of its replace-
ment value at the time, the sign may be
restored to its original condition and may
continue to be displayed.
3. Normal maintenance of nonconforming
signs shall be permitted, including neces-
sary non-structural repairs and incidental
work, which does not extend or intensify
the nonconforming features of the sign.
E.Prohibited signs.It shall be unlawful to
erect or keep any sign not expressly authorized
by, or exempted from, this article.
F.Non-commercial messages.Any sign erected
pursuant to the provisions of this article may, at
the option of the applicant, contain either a
non-commercial message unrelated to the busi-
§ 45-35.3APPENDIX C—ZONING
2577Supp. No. 75
ness located on the premises where the sign is
erected or a commercial message related to the
business and located on the business premises
pursuant to the following regulations:
1. The non-commercial message may occupy
the entire sign face or portion thereof.
2. The sign face may be changed from com-
mercial to non-commercial messages as
frequently as desired by the owner of the
sign, provided that the following is true:
a. the size and design criteria conform
to the applicable portions of this
article;
b. the sign is allowed by this article;
c. the sign conforms to the require-
ments of the applicable zoning
designation; and
d. the appropriate permits are obtained.
3. For the purposes of this sign code,
non-commercial messages shall
never be deemed off-premises.
Sec. 7-2 Appearance.
A.General.All permanent signs shall comply
with the requirements and procedures of the
C-NB district and village regulations and shall
be part of the architectural concept and character
of the site. Lighting, materials, size, color, letter-
ing, location and arrangement shall be harmoni-
ous with the building design.
1. If external spot or flood lighting is used,
the light fixtures and light source shall
be arranged so that the light source is
shielded from view.
2. Excessive brightness and brilliant colors
shall be avoided.
B.Maintenance.All signs, including their sup-
ports, braces, guys and anchors, electrical parts
and lighting fixtures, and all painted and display
areas, shall present a neat and clean appear-
ance. The vegetation around the base of ground
signs shall be neatly trimmed and free of unsightly
weeds, and no rubbish or debris that would
constitute a fire or health hazard shall be permit-
ted under or near the sign. Examples of unac-
ceptable maintenance and repair include the
following:
1. Cracked, ripped, or peeling paint present
on more than ten (10) percent of the
surface area of a sign;
2. Bent, broken, loose, or otherwise insuf-
ficiently attached supports, struts, or
other appendages;
3. Partial illumination for more than
fourteen (14) days;
4. Obstruction of sign face by weeds, vines,
or other vegetative matter; and
5. Maintaining a position that is more than
fifteen (15) degrees from vertical for more
than ten (10) successive days.
Sec. 7-3 Exempt signs.
A.General.The following signs are exempt
from these sign regulations and applicable permit
fees, provided they are not placed or constructed
so as to create a hazard of any kind:
1.Political signs.Political signs shall comply
with the regulations of the village.
2.Holiday lights and decorations.The
display of holiday lights and decorations
shall comply with the regulations of the
village.
3.Manufacturer signs.Signs incorporated
into machinery or equipment by a
manufacturer or distributor, which
identify or advertise only the product or
service dispensed by the machine or equip-
ment, such as signs customarily affixed
to newspaper racks, telephone booths,
and gasoline pumps.
4.Merchandise displays.Merchandise
displays behind storefront windows so
long as no part of the display moves or
contains flashing lights.
5.Religious displays.Religious displays as
permitted by law.
6.Works of art.Works of art, ornamental
figurines and the like, both two and
§ 45-35.3 NORTH PALM BEACH CODE
2578Supp. No. 75
three-dimensional, used for decorative
purposes and not related to the operation
of a commercial enterprise.
Sec. 7-4 Temporary signs.
A.Generally.Temporary signs do not require
a building permit and are allowed throughout
the corridor, subject to the restrictions imposed
by the C-NB district and village's regulations.
The sign shall not be an electric/illuminated
sign.
B.Removal of illegal temporary signs.Any
temporary sign not complying with the require-
ments of this section is illegal and subject to
immediate removal by the village at the expense
of the owner and/or individual responsible for
the illegal placement.
C.Restrictions.Advertising for the following
purposes may be displayed:
1.Construction signs.To identify develop-
ment construction in progress.
a. Such message shall not be displayed
more than sixty (60) days prior to
the beginning of actual construction
of the project, and shall be removed
when construction is completed.
b. If a message is displayed pursuant
to this section, but construction is
not initiated within sixty (60) days
after the message is displayed, or if
construction is discontinued for a
period of more than sixty (60) days,
the message shall be removed, pend-
ing initiation or continuation of
construction activities.
c. Upon final certificate of occupancy
of a completed residential or
nonresidential structure, such sign
shall be removed.
2.For-sale signs.Such signs shall comply
with the regulations of the village.
3.Grand opening signs.To announce the
opening of a new business or the change
of ownership of an established business
shall be permitted in addition to other
signs, which may be permitted by this
regulation.
a. Signs shall not remain in place for
more than seven (7) days commenc-
ing immediately upon the opening
of a new business or the change of
ownership of an established busi-
ness.
4.Special event signs.Such signs shall be
placed no more than fifteen (15) days
prior to the beginning of the event and
provided further that all such signs shall
be removed within forty-eight (48) hours
after the event. Approval of the size and
locations of the signs by the village is
required.
________________________________________________________________________________________
D.Permissible size, height, location and number of temporary signs.
Table 7-4
Permitted Temporary Signs
Sign Type Max. Number
Max. # of
Sign Faces Maximum Area
Maximum
Height/
Dimensions
Other
Limitations
Construction 1 per 500 l.f. of 1 32 square feet 8 feet 20' min. setback
from property line
and r.o.w.
time frame: 60
days before/
removal at the
certificate of
occupancy
§ 45-35.3APPENDIX C—ZONING
2579Supp. No. 75
Sign Type Max. Number
Max. # of
Sign Faces Maximum Area
Maximum
Height/
Dimensions
Other
Limitations
For-sale Signs shall comply
with the regula-
tions of the vil-
lage.
Grand Opening/ 1 per parcel 1 32 square feet 6 feet 20' min. setback
from property line
and r.o.w.
time frame: 7
calendardaystotal
Special Event 1 per parcel 2 32 square feet 8 feet 20' min. setback
from property line
and r.o.w.
time frame: 15
days before/48
hours after.
______________________________________________________________________________________________________________________
Sec. 7-5 Accessory signs.
A.Permitted.A permanent accessory sign
may be a ground or monument sign with one (1)
or two (2) faces or wall signs with one (1) face.
B.Content.Signs permitted pursuant to this
section may contain any noncommercial mes-
sage, which has not been declared by a court of
competent jurisdiction to be obscene, defamatory
or otherwise contrary to law. A permanent acces-
sory sign may only display any combination of
the following:
1. Street address number and/or name.
2. A logo symbol for the building or the
building occupant, which does not exceed
fifty (50) percent of the allowable sign
area.
3. Letters depicting the nature of the busi-
ness and that are a maximum of fifty (50)
percent of the height of the letters depict-
ing the name of the building or building
occupant.
C.Sign type and criteria.
1.Gasoline signs.
a. One (1) gasoline price sign shall be
permitted per gasoline station to
provide the price of gasoline only
and shall be attached to permanent
sign structure or to a building. The
price sign shall not be included in
the total area of signage otherwise
permitted.
b. Signs providing information needed
for motorists to locate the proper
service station pump site shall be
permitted. Such signs shall include
those identifying the type of fuel
sold at individual service station
pumps, the location of full service
and self-service pump islands and
other similar information. Such signs
shall be of a size, which can be seen
by motorists once on the site, but
shall not be sized to attract atten-
tion of motorists on public rights-of-
way.
2.Flags.A maximum of three (3) flags or
insignias of governmental, religious,
charitable, fraternal, corporate, or other
organizations may be displayed on any
one (1) parcel of land. However, flags
bearing commercial messages including
corporate insignias, trademarks, and logos
are considered a sign and therefore
counted as part of the permitted busi-
ness sign square footage as defined by
this article.
3.Parking area directional signs.Parking
area directional signs may be erected at
each point of ingress and egress to a
parking lot or parking area shall not be
§ 45-35.3 NORTH PALM BEACH CODE
2580Supp. No. 75
counted as part of an occupant's allow-
able sign area. Directional signs shall be
subject to the following:
a. Such signs shall not exceed two (2)
square feet in background area nor
extend to a height greater than
three (3) feet above ground.
b. Only one (1) such sign shall be
allowed at each point of ingress and
egress, and such signs shall not
create a traffic or pedestrian hazard.
c. No names or logos are permitted on
the sign.
4.Parking area instructional and related
signs.The direction of traffic flow within
a parking or loading area, ingress and
egress points, areas where no parking is
permitted, identification of parking spaces
reserved for other specific groups or for
individuals, and other similar informa-
tion.
5.Vehicle signs.The following vehicle signs
are not permitted within the C-NB district:
a.Signs in excess of ten (10) square
feet.Vehicle signs with a total sign
area on any vehicle in excess of ten
(10) square feet, when the vehicle is
parked on the same property as the
business being advertised and:
1) is parked for more than sixty
(60) consecutive minutes within
one hundred (100) feet of any
street right-of-way; and
2) is visible from the street right-
of-way that the vehicle is within
one hundred (100) feet of; and
is parked on commercially
zoned property.
b.Vehicle signs less than or equal to
ten (10) square feet.Vehicle signs
visible from any street right-of-way
with a total sign area less than or
equal to ten (10) square feet, when
the vehicle is parked for more than
sixty (60) consecutive minutes on a
commercially zoned property and
on which the business being
advertised is located and:
1) is parked within the front two-
thirds (
2/3) of the area between
the front building line and the
front lot line; or
2) in the case of corner lots, is
parked within the front two-
thirds (
2/3) of the area between
the side building line and the
side lot line; or
3) is parked within thirty (30)
feet of any street right-of-way.
______________________________________________________________________________
D.Permissible size, height, location and number of permitted accessory signs.
Table 7-5
Permitted Accessory Signs
Sign Type Max. Number
Max. # of Sign
Faces Max. Area
Max. Height/
Dimensions Other Limits
Building Directory 1 per building for
occupants not
1 18 s.f. 6 ft. height 2 or more build-
ings on same
parcel or develop-
ment
accessible to street
frontage
Internal illumina-
tion only
Location with
twenty-five (25) ft.
of main entry to
building
§ 45-35.3APPENDIX C—ZONING
2581Supp. No. 75
Sign Type Max. Number
Max. # of Sign
Faces Max. Area
Max. Height/
Dimensions Other Limits
Changeable copy
permitted
Gasoline price 1 per station 2 15 s.f. per side none 20 min. from all
property lines
May include
changeable copy
Flags (free stand-
ing)
3 flags max 2 per flag ht. of flag is 30%
of pole ht.
20 ft. height of
pole
max. dimension of
flag is 5' × 10'
length is (2x) max.
allowable ht.
min. setback is
103% of pole ht.
Flags (from
structure)
1 flag max 2 per flag (same as flag-free
standing)
10 ft. above high-
est structure
Parking area
instructional
as needed 2 4 s.f./face 6 ft. height
freestanding or 12
ft. height if wall-
mounted
max. 3 ft. above
crown of paving or
road
2 ft. from lot line
copy limited to
exit, entrance, exit
only, etc.
Internal illumina-
tion only
5 ft. from public
right-of-way
Parking
directional
1 per ingress of
regress
2 2 s.f./face 3 ft. height
freestanding
4 ft. max. height
from crown of
paving or road
Vehicle signs as needed 2 >10 s.f./face none Must be on the
property being
advertised
Cannot be parked
for more than 50
minutes within
100 feet of any
street r.o.w.
Cannot be visible
from any street
r.o.w. that the
vehicle is within
100 feet of
<10 s.f./face none Must be on the
property being
advertised
Cannot be parked
within 30 feet of
any street r.o.w
Cannot be parked
in the front
2/3 of
the area between
the front building
line and the front
lot line
Corner lot: Cannot
be parked in the
front 2/3 of the area
between the side
building line and
the side lot line
______________________________________________________________________________________________________________________
Sec. 7-6 Business signs.
§ 45-35.3 NORTH PALM BEACH CODE
2582Supp. No. 75
A.Permitted.A permanent sign advertising a
business or establishment shall consist of the
following:
1. A canopy or awning sign;
2. A ground or monument sign with one (1)
or two (2) faces;
3. A wall sign with one (1) face; and/or
4. A window sign not to exceed twenty (20)
percent of the total window area covered.
B.Content.A permanent sign may only display
any combination of the following:
1. Street address number and/or name of
the business or occupant.
2. A logo symbol for the building or the
building occupant which does not exceed
fifty (50) percent of the allowable sign
area.
3. Letters depicting the nature of the busi-
ness and that are a maximum of fifty (50)
percent of the height of the letters depict-
ing the name of the building or building
occupant.
4. These restrictions (1, 2 and 3 above)
shall not apply to permitted noncom-
mercial messages.
C.Sign type and criteria.
1.Canopy or awning signs.Notwithstand-
ing limitations of this article on the
projection of signs from the wall of a
building, signs shall be permitted on
canopies and awnings.
a. The sign shall indicate only the
name of the building or the name of
the principal occupant of the build-
ing;
b. The sign shall be painted or printed
directly on the canopy or awning;
and
c. The sign shall be counted in
determining the area of wall-
mounted signs permitted on the wall
from which the canopy or awning
projects.
2.Ground signs.The name, logo and address
of parcel of land as per the following
standards:
a. A minimum of one (1) sign for parcel
of land.
b.Overall.For parcels with greater
than three hundred (300) linear feet
of street frontage, one (1) additional
sign for each additional seven
hundred (700) linear feet of street
frontage to include intersecting
roadways.
c.Outparcels.Outparcels of a com-
mercial center are permitted to have
one (1) ground sign:
1) If the outparcel has direct
access to Northlake Boulevard.
2) Overall.
a) If the outparcel is entitled
to a ground sign, street
frontage calculations for
the outparcel should not
be included in the street
frontage calculations for
the adjacent commercial
center.
b) Outparcel information may be
provided in the permitted com-
mercial center ground signs if
internally accessed pursuant
to regulations of this article.
d. The maximum area of a ground sign
is sixty (60) square feet.
e. The maximum height of a ground
sign is ten (10) feet.
f.Minimum setbacks.The minimum
setbacks for ground signs are as
follows:
1) Two hundred (200) feet between
signs located within the same
parcel of land.
2) Fifty (50) feet from sign to a
non-right-of-way property line.
3) Five (5) feet from the public
right-of-way.
§ 45-35.3APPENDIX C—ZONING
2583Supp. No. 75
4) Eight (8) feet from utility
transmission lines.
5) Four (4) feet from the edge of
pavement or curb when placed
in an ingress/egress median.
g.Street frontage.Street frontage is
measured as the linear length of a
property line adjacent to a public
right-of-way.
3.Wall signs.The name, logo and address
of the business to which the sign is
accessory and other related information.
No wall sign shall be painted directly
onto the building.
4.Window signs.
a. A maximum of twenty (20) percent
of the total window area of each
business may be covered with sig-
nage or other opaque material such
as display racks, merchandise or
other items.
b. Window signs shall be permanent,
identifying or informative in nature
and such signage shall be included
when calculating the allowable
square footage for the business.
___________________________________________________________________________________
D.Permissible size, height, location and number of permitted business signs.
Table 7-6
Permitted Business Signs
Sign Type Max. Number
Max. # of Sign
Faces
Max. Area (Sign
Face)
Max. Height/
Dimensions Other Limits
Canopy or awning 1 per front or side 1 3 s.f. none Signage
considered a wall
sign
Copy shall not
exceed 6"in height
Functional
awning: (shade/
cover) calculate s.f.
by enclosing copy
Non-functional:
(decorative only)
sign is entire
awning
Ground/Monu-
ment
(East District)
min. 1 sign per
parcel of land
30 s.f. 8 ft. height 5 ft. min. from
public right-of-way
36 s.f. 8 ft. height 10 ft. min. from
public right-of-way
Ground/Monu-
ment
(Overall)
Parcels with > 300
l.f. of street front-
age
2 per sign 40 s.f. 10 ft. height 20 ft. min. from
public right-of-way
1 additional sign
per each
additional 700 l.f.
of street frontage
45 s.f. 10 ft. height 30 ft. min. from
public right-of-way
60 s.f. 10 ft. ht./15 ft.
width
50 ft. min. from
r.o.w. and interior
property lines
Sign copy not to
exceed building
identification and
1 tenant
Requires 3 ft. min.
solid sign base
without copy
§ 45-35.3 NORTH PALM BEACH CODE
2584Supp. No. 75
Sign Type Max. Number
Max. # of Sign
Faces
Max. Area (Sign
Face)
Max. Height/
Dimensions Other Limits
200' between signs
within the same
parcel of land.
50' from sign to
non-r.o.w. property
line
8' min. from util-
ity lines
min. 4 ft. from
edge of pavement
or curb when
placed in an
ingress/egress
median
Wall mounted
(front wall)
1 sign per busi-
ness per street
frontage with a
max. of 2 signs per
business
1 1 s.f. per 1-
1/2 ×
the length of wall
sign is attached to.
Mountingheightis
6"below roof at
sign location or 18
ft. max. height on
up to 2 story bldg.
Wall mounted
(side/rear wall)
1 lesser of 50% of
max. area of front
wall or 1 s.f. per
1-1/2 × the length
of wall the sign is
attached to
Wall mounted
(side/rear-
residential
adjacent)
1 lesser of 25% of
max. area of front
wall or 1 s.f. per
1-1/2 × the length
of wall the sign is
attached to
Wall mounted
(overall)
shall not cover or
partially cover a
required wall
opening
Shall not project
more than 18
inches from the
building
Mounted flush
with wall
First floor loca-
tion only
3' min. between
wall signs
Wall signs shall
not exist with
projecting signs
Window sign 1 per tenant, busi-
ness, or bay
1 lesser of 100 s.f.
or 20% of gross
glass area
none 5% max. of total
glass area allowed
for name, hours,
open/closed, credit
cards & telephone
numbers
15% max. of glass
area for goods and
services
Signs must be
permanent
Paper, cardboard,
etc. are prohibited
§ 45-35.3APPENDIX C—ZONING
2585Supp. No. 75
Sign Type Max. Number
Max. # of Sign
Faces
Max. Area (Sign
Face)
Max. Height/
Dimensions Other Limits
Any sign one foot
from window vis-
ible from outside
is considered in
calculation
Glass doors are
considered in
calculation
May be integrated
into another sign
but cannot exceed
permitted size
______________________________________________________________________________________________________________________
Sec. 7-7 Street numbers.
A.General.The regulations of this section are
as per Palm Beach County's Bureau of Safety
Services Regulations:
1. Approved numerical and/or alphabetical
addresses shall be posted for all new and
existing buildings in such a fashion that
it is plainly visible and legible from the
street or roadway.
2. All address related numbers/letters shall
be posted on contrasting backgrounds
and clearly visible from the street.
3. All building numbers and/or letters shall
be a minimum of six (6) inches in height.
4. Numerals shall be affixed at center or on
either end of the building and clearly
visible from the street. Multi-unit build-
ings, in addition, shall have numerical or
letter unit designations clearly visible
from the street.
5. All street numbers shall be a contrasting
color with the building or background
field.
B.Multi-unit buildings, two stories and up.In
multi-unit buildings, two stories and up,
directional unit identification signs shall be posted
outside of each elevator and stairwell. This will
apply only when there is an option for direction
of travel.
C.Additional posting.All multi-unit build-
ings that can be accessed from the rear, shall
have the address and unit numbers posted at the
rear of the building. When property layout,
landscaping, or driveway design limits the vis-
ibility of the address, additional signs shall be
posted to identify buildings or direction of travel
to reach buildings.
Sec. 7-8 Measurement determinations.
A.Facade area.The facade area shall be
measured by determining the area within a
two-dimensional geometric figure coinciding with
the edges of the walls, windows, doors, parapets,
marquees, and roof slopes of greater than forty-
five (45) degrees that form a side of a building or
unit.
B.Sign area.The area of a sign shall be the
area within the smallest square, rectangle, paral-
lelogram, triangle, circle or semicircle, the sides
of which touch the extreme points or edges of the
sign face.
1.Computation of sign area.
a. The area of a sign permissible for
each classification of sign, as herein
set forth, shall include all areas of
the sign containing informational
and/or directional wording or
symbols, and shall include
background area of the wording or
symbols, as measured by inscribing
a continuous line around all the
letters or symbols contained thereon.
b. Sign area for signs not covered by
sections herein and except as
provided below shall be the area of
each face of a sign including the
area of the smallest circle, triangle
§ 45-35.3 NORTH PALM BEACH CODE
2586Supp. No. 75
or parallelogram which contains all
content, background and structural
elements of the sign.
c. Where a sign is composed of letters
attached directly to a facade, window,
door, or marquee, and the letters
are not enclosed by a border or
trimming, the sign area shall be the
area within the smallest rectangle,
parallelogram, triangle, circle or
semicircle, the sides of which touch
the extreme points of the letters or
pictures.
2.Exempted from computation of area of
freestanding signs.The area of each face
of a freestanding sign shall be computed
as described herein except that individual
support structures shall not be considered
to be part of the sign if they:
a. Support structures which are part
of a decorative landscape wall or
screen wall shall not be considered
to be part of the sign; and
b. Do not contain letters, symbols or
other sign content.
C.Number of signs.In general, the number of
signs shall be the number of non-contiguous sign
faces. Multiple non-contiguous sign faces may be
counted as a single sign if all the sign faces are
included in the geometric figure used for determin-
ing the sign area.
1. Where two (2) sign faces are placed back
to back in a single sign structure and are
at no point more than three (3) feet
apart, it shall be counted as one (1) sign.
2. If a sign has four (4) faces arranged in a
square, rectangle or diamond, it shall be
counted as two (2) signs, and shall be the
areas of the two (2) largest faces.
D.Sign height.The height of a sign shall be
measured as the vertical distance from the
finished grade, excluding berms, at the base of
the supporting structure to the top of the sign, or
its frame or supporting structure, whichever is
higher.
Sec. 7-9 Design, construction, and location
standards.
A.Illumination standards.
1. All signage less than ten (10) feet in
height shall provide lighting that in no
manner blinds or shines on adjacent
vehicular or pedestrian circulation.
2. All wall-mounted signs over ten (10) feet
in height shall be internally lit (if light-
ing is utilized).
3. Appropriate light shields shall be utilized
to ensure protection.
4. All illuminated signs shall be internally
lighted and only by lights placed inside a
cabinet sign with an opaque background
and translucent copy; lights placed inside
individual channel letters with a
translucent face;or by "halo"lights placed
behind individual reverse pan-channel
letters.
B.Placement standards.
1. Supports for signs or sign structures
shall not be placed in, upon, or project
over a public right-of-way or public ease-
ment.
2. Sign or sign structures shall not be erected
that impedes use of any fire escape,
emergency exit, or standpipe.
3. All ground or freestanding signs shall be
erected within landscaped areas.
a. Minimum distance from the edge of
the landscaped area to the sign base
shall be three (3) feet.
b. The landscaping shall consist of
shrubbery a minimum of thirty (30)
inches high creating a hedge or
individual shrubs of the same or
varying species thirty (30) inches
high spaced not more than eighteen
(18) inches apart at their base.
C.Clearance standards.All signs shall provide
a minimum of nine (9) feet of vertical clearance
over pedestrian ways and fourteen (14) feet over
§ 45-35.3APPENDIX C—ZONING
2587Supp. No. 75
vehicular ways. Florida Department of
Transportation (FDOT) standards shall control
on all roadways.
D.Relationship to building features.A wall
sign shall not extend beyond any edge of the
surface to which it is attached; disrupt a major
architectural feature of the building; or project
no more than eighteen (18) inches perpendicularly
from the surface to which it is attached.
E.Format for multiple occupancy complexes.
A sign format or master signage program for
wall signs to be placed on multiple occupancy
complexes shall be approved by the village prior
to a wall sign being permitted to be constructed,
altered or remodeled after the effective date of
the C-NB district. As a minimum, the sign
format shall specify the types, dimensions, place-
ment, colors, and shape of the signs and the style
of lettering which shall lend a unified appear-
ance to the signs of the occupants in the complex.
F.Signs required to be designed.The follow-
ing signs shall be designed by a Florida-
registered architect, landscape architect, or
engineer:
1. Wall signs that project perpendicularly
from the surface to which it is attached
and that are more than twelve (12) square
feet in area; and
2. Ground signs of more than forty (40)
square feet in area.
Sec. 7-10 Exterior architectural lighting.
A.General.The term "exterior lighting,"as
used in this section, shall mean any variety of
lighting forming an integral part of a building.
Such lighting shall meet the following require-
ments and shall be subject to final approval by
the village.
B.Limitations.Exterior lighting shall not:
1. Flash, revolve, flutter or be animated;
2. Obstruct the vision of pedestrians.
3. Project into or over any public street
right-of-way including the sidewalk;
4. Obstruct or interfere with any door, fire
exit, stairway, ladder or opening intended
to provide light, air, ingress or egress;
5. Constitute a traffic hazard or be a detri-
ment to traffic safety.
Sec. 7-11 Definitions.
A.Definitions.The definitions set forth in
this section shall be construed to be the same as
if incorporated in the village's development regula-
tions.
1.Accessory sign.A permanent ground or
building wall sign that is permitted under
this article as incidental to an existing or
proposed use of land.
2.Advertising.Sign copy intended to directly
or indirectly promote the sale or use of a
product, service, commodity, entertain-
ment, or real or personal property.
3.Advertising structure.Any structure
installed for advertising purposes, with
or without any advertisement display
thereon, situated upon or attached to
real property upon which any poster, bill,
printing, painting, device or other
advertisement of any kind whatsoever
may be placed, posted, painted, tacked,
nailed, or otherwise fastened, affixed or
displayed; provided, however, that said
term shall not include buildings.
4.Animated sign.A sign with action or
motion using electrical energy, electronic
or manufactured sources of supply, or
wind actuated elements, including rotat-
ing, revolving or flashing signs.
5.Awning sign.A sign painted on, printed
on or attached flat against the surface of
the awning. An awning is comprised of a
lightweight, rigid or retractable skeleton
over which an approved cover is attached
that provides weather protection, identity
and/or decoration and is wholly sup-
ported by the building to which it is
attached.
6.Background area of sign.The entire
background area of a sign upon which
copy could be placed. In computing the
§ 45-35.3 NORTH PALM BEACH CODE
2588Supp. No. 75
area of a sign background, only that face
or faces which can be seen from any one
direction at one time shall be counted.
7.Billboard (off-premises sign).A sign
advertising an establishment,
merchandise, service or entertainment,
which is not sold, produced, manufactured
or furnished at the property on which
said sign is located.
8.Building facade.All windows, doors and
wall areas of a building exterior in one
place or elevation thereof.
9.Construction sign.A temporary sign,
which identifies those engaged in construc-
tion on any building site, including the
builder, contractor, developer, or other
persons or artisans concerned in such
construction.
10.Copy.The linguistic or graphic content of
a sign.
11.Copy area of a sign.The actual area of
the sign copy applied to any background.
The copy area is computed by straight
lines drawn closest to the copy extremity.
12.Development sign.A temporary sign
advertising the sale or rental of structures
under construction upon land, which has
been legally assembled into one develop-
ment location.
13.Directional sign.An on premises sign
designed to guide or direct pedestrians or
vehicular traffic.
14.Frontage.The length of the property line
of any one parcel along the main street
on which it borders.
15.Frontage street facade.That portion of an
exterior elevation of a building extending
from grade to the top of the parapet wall
or eaves and the entire width of the
building wall elevation which fronts on a
street, unless such parapet wall or eaves
shall be over thirty (30) feet high, in
which case only the first thirty (30) feet
shall be considered the frontage street
facade for purposes of this article. Only
one street facade shall be designated as
frontage street facade.
16.Ground sign.A sign that is supported by
a three (3) foot high maximum base,
independent of support by a building;
sign and base shall be solid and uniform;
shall generally have a columnar line;
shall essentially have the same contour
(parallel) from grade to top of the sign;
and shall be independent of any building
for support.
17.Height of a sign.The height of a sign
shall be measured as the vertical distance
from the finished grade, excluding
required berms, at the base of the sup-
porting structure to the top of the sign, or
its frame or supporting structure,
whichever is higher. A berm exceeding
three (3) feet in height shall be included
in the overall measurement of the height
of the sign.
18.Identification sign.A sign at a business
location used to identify the name of the
business located thereon and/or its
principals and address.
19.Logo.Any symbol, trademark, picture or
other graphic representation which is
used to signify or identify the particular
business or organization.
20.Monument sign.See "Ground sign."
21.Multiple occupancy complex.Any use
consisting of a parcel of property, or
parcel of contiguous properties, existing
as a unified or coordinated project, with
a building or buildings housing more
than one occupant.
22.Neon tube sign.A sign electronically
lighted by exposed tubes containing inert
gas.
23.Nonconforming sign.A sign existing at
the effective date of the adoption of this
article, which could not be built under
the terms of this article.
§ 45-35.3APPENDIX C—ZONING
2589Supp. No. 75
24.Occupant (occupancy).The use of a build-
ing or structure for commercial transac-
tions.
25.Off-premise sign.A sign advertising an
establishment, merchandise, service or
entertainment, which is not sold,
produced, manufactured or furnished at
the property on which said sign is located.
26.Painted wall sign.A sign painted on a
wall or on any other surface or part of a
building or structure.
27.Parapet.That portion of the facade, which
extends above the roofline.
28.Pole sign.A sign that is supported by one
(1) column, upright, or brace in or upon
the ground and which is not attached nor
a part of the building.
29.Political sign.Any advertising sign used
in connection with a local, state, or
national election campaign.
30.Roof sign.Any outdoor advertising display
sign, installed, constructed or maintained
on or above the roof of any building.
31.Sign.An object or device which is
designed, intended, used or located so as
to be visible by the public from outdoors
for the purpose of advertising the property,
establishment or enterprise, including
goods and services; upon which the sign
is located. This definition shall include
all parts, portions, frame, background,
structure, support and anchorage thereof.
32.Snipe sign.Any sign of any size, made of
any material, including paper, cardboard,
wood and metal, when such sign is tacked,
nailed, posted, pasted, glued, or otherwise
attached to trees, poles, fences or other
objects, and the advertising matter
appearing thereon is not applicable to
the premises upon which said sign is
located.
33.Temporary sign.A sign which is
constructed of cloth, canvas, light, fabric,
cardboard, wallboard, plywood, metal or
plastic which is intended to be displayed
for a limited period of time.
34.Vehicular sign.A sign affixed to or painted
on a transportation vehicles or trailer, for
the purpose of business advertising;
however, not to include signs affixed to
vehicles or trailers for identification
purposes as required by town regula-
tions.
35.Wall sign.A sign displayed upon or
attached to any part of the exterior of a
building, including walls, windows, doors,
parapets, awnings and roof slopes of
forty-five (45) degrees or steeper.
36.Window sign.Any sign installed or
maintained in the window of any build-
ing, visible from any public right-of-way.
Article 8. Site Plan Elements
Sec. 8-1 General design.
A.Screening of residential.Commercial and
mixed-use sites abutting a residential zoning
district shall provide screening consisting of the
following:
1. An opaque concrete or masonry wall a
minimum of six (6) feet in height,
2. A buffer area of at least ten (10) feet,
including the required opaque wall, and
3. Landscaping, as per the C-NB district.
B.Screening of mechanical equipment.
1. All mechanical equipment shall be
screened from public view.
2. Such screening may include any combina-
tion of landscaping and non-living opaque
materials.
3. If building materials are to be utilized for
screening purposes, such materials shall
be consistent with the architectural design
of the principal structure.
4. Screening shall extend at least one foot
above the object to be screened.
C.Illustrative site plan elements.Drawings
found in Attachment A represent site plan ele-
ments that are appropriate and/or inappropriate
for the C-NB district as per this article. They are
intended for illustrative purposes only, to guide
the property owner and the village through the
§ 45-35.3 NORTH PALM BEACH CODE
2590Supp. No. 75
design intent of the C-NB district and are not to regulate or suggest specific architectural design.
_______________________________________________________________________________________________
Sec. 8-2 Building orientation and placement.
A.Continuity of design.Buildings shall reflect a continuity of design within the C-NB district
obtained by:
1. Maintaining the building scale or by gradual changes in form;
2. Maintaining designated building setbacks;
3. Extending horizontal line of fenestration; and
4. The reflection of architectural styles and details, design themes, building materials and colors
found in surrounding buildings.
B.Building mass impacts.Design techniques that lessen development impacts along the corridor
are encouraged. Such design techniques include the following:
1. Placing the structure perpendicular to the public right-of-way;
2. Creating a courtyard/plaza effect between structures;
Structure Perpendicular To The Public Right-Of-Way
Courtyard/Plaza Effect Between Structures
§ 45-35.3APPENDIX C—ZONING
2591Supp. No. 75
3. Opening up views between structures with greater setbacks; and
4. Provision of wider landscape buffers along Northlake Boulevard.
Views Between Structures
Wider Landscape Buffers Along Northlake Blvd.
§ 45-35.3 NORTH PALM BEACH CODE
2592Supp. No. 75
C.Corner lots.On corner lots at an intersection of two (2) or more arterial or major collector roads,
buildings and structures shall be designed with additional architectural embellishments such as
towers, or other design features, to emphasize their locations as gateways and transition points within
the community.
D.Building envelope, bulk and setback requirement.In order to establish overall building envelope,
bulk, and setback provisions within the C-NB district, the following regulations are established for the
purposes of this section.
Table 8-2
Proposed Setbacks
East
Maximum Building
1 40 feet
Height (above grade)
Minimum Front
2, 3 20' structure
Setback 10' parking
Rear 15' structure
Setback 10' parking
Side 15' structure
Setback 7' parking
Side Corner
2, 3 25' structure
Setback 10' parking
Notes:
1. Building height is defined by the applicable building code.
2. If one-half (
1/2) the height of the proposed structure is greater than the minimum setback shown, the
greater number shall prevail.
If the minimum landscape buffer required (section 6-11.A) is greater than the parking setback outlined
above, the more restrictive shall apply.
A-H. Indicate dimension locations on the diagrams found in Article 8—Attachment A
Corner Lots
§ 45-35.3APPENDIX C—ZONING
2593Supp. No. 75
E.Commercial strip development discouraged.Minimum lot sizes and limited access drives shall be
used to reduce the potential for commercial strip development. Neighboring properties are encouraged
to link their parking lots together and to share common driveways.
F.Prohibited elements.The following ele-
ments are prohibited:
1. Chainlink fences in public view;
2. Unfinished concrete or concrete masonry
walls excluding architectural concrete;
3. Artificial plants or turf;
4. Decorative or commercial display objects;
5. Visible neon;
6. Elements with highly reflective or bright
colored surfaces; and
Proposed Setback
Commercial Strip Development Discouraged
§ 45-35.3 NORTH PALM BEACH CODE
2594Supp. No. 75
7. Other objects that are not consistent
with the C-NB district design goals as
per the village.
Sec. 8-3 Off-street parking areas.
A.Shared parking.As part of an approval of a
new or expanded use, new construction,
substantial renovation, or alteration or expan-
sion of an existing structure, the use of shared
parking to reduce overall parking requirements
is permitted. The criteria for approval of an
application to establish shared parking includes
the following factors:
1. Use of a building or structure for two (2)
or more uses, which possess
complementary, rather than competing,
peak hours of usage.
2. Preparation of a shared parking study by
a qualified professional engineer, architect,
or planner.
3. Execution of an agreement, in a form
acceptable to the village, between the
owners and tenants of buildings or
structures affected by the shared park-
ing. This agreement shall provide:
a. A means to re-address the shared
parking in the event future parking
problems or changes in use occur;
b. A legal description of the land and
structures affected;
c. For a term of at least five (5) years;
d. A site plan to indicate uses, hours of
operation, parking, etc.;
e. Assurance of the availability of all
parking spaces affected by the agree-
ment.
B.Offsite parking.Offsite parking not included
in a shared parking agreement is not permitted
within the C-NB district.
C.Valet parking.The village may authorize
the use of valet parking for any use within the
C-NB district subject to the following criteria.
1. Valet parking shall not utilize more than
thirty (30) percent of the onsite parking
of a use providing such service.
2. A request to establish valet parking shall
contain the following information:
a. The location of the valet parking
booth or area;
b. The location and number of parking
spaces to be utilized for valet park-
ing;
c. Evidence that the business owns
the parking spaces proposed for valet
use or a copy of any agreement,
lease, etc. which provides the busi-
ness with the right to use spaces
ownedbyanotherindividualorentity
for valet parking;
d. The impact of the valet parking
service on users who do not patron-
ize the service;
e. The hours of operation;
f. Location and text of any signage
associated with the valet parking,
spaces; and
g. Buffering or screening that is neces-
sary to mitigate any visual or noise-
related impacts on any adjacent
residential properties.
D.Pedestrian circulation in parking facilities.
Parking facilities and driveways shall be designed
to maximize the safety and convenience of
pedestrians walking between parked cars and
business entrances as well as between external
points and locations on site delineated with
special pavement. Pedestrian walkways shall be
integrated as follows:
1. Into the interior and/or perimeter
landscaping of parking lots;
2. Constructed with a specialty paving or
similarly firm and decorative surface;
and
3. At least five (5) feet in width; and
separated from vehicular and parking
areas by grade, curbing and/or vegeta-
tion, except for necessary ramps.
§ 45-35.3APPENDIX C—ZONING
2595Supp. No. 75
E.Loading facilities.Loading spaces shall
not be located within one hundred (100) feet of
Northlake Boulevard or other public rights-of-
way, excluding alleys.
1. Loading docks, solid waste facilities,
recycling facilities and other service areas
shall be placed to the rear or side of
buildings and screened from adjacent
residential uses.
2. Screening and landscaping shall prevent
direct views of the loading areas and
their approaches from adjacent proper-
ties or from the public right-of-way.
a. Screening and landscaping shall also
prevent spillover glare, noise, or
exhaust fumes.
b. Screening and buffering shall be
achieved through walls, fences and
landscaping and shall be opaque
and completely obscure the contents
and facilities.
c. Recesses in the building, or
depressed access ramps may be used.
3. Service access shall be behind the build-
ing or from secondary streets wherever
possible, and screened from general view.
F.Drive-throughs.In the event that drive-
throughs are permitted by use or as a special
exception, the village shall review the site plan
for the following minimum standards:
1. Adequate stacking for six (6) vehicles per
lane at twenty (20) feet per vehicle;
2. Proper ingress/egress to the facilities so
as to preclude entering and exiting directly
from a public right-of-way;
3. Adequate space for a by-pass lane; and
4. Any other design deemed appropriate by
the village.
Sec. 8-4 Pedestrian amenities.
A.General design.Uses shall contribute to
pedestrian-friendly focal spaces through the provi-
sion of aesthetic walking paths, pedestrian spaces
with furnishings, public art, generous plantings,
marked crosswalks, and vehicular parking and
circulation areas clearly separated from such
pedestrian amenities.
1. Sidewalks shall be of barrier-free design
to the greatest extent possible.
2. Pedestrian circulation systems shall include gathering/sitting areas.
Pedestrian Amenities
§ 45-35.3 NORTH PALM BEACH CODE
2596Supp. No. 75
B.Width and materials.Sidewalks shall be a
minimum of five (5) feet in width and shall be
constructed of stone, textured cement, concrete
pavers, or brick.
C.Pedestrian entrances.
1. Major public entrances shall be located
along Northlake Blvd.
2. A clearly designated pedestrian walkway
and similar pedestrian-oriented facilities
shall be provided from public sidewalks
to public entrance or walkways within a
commercial site, as well as between abut-
ting commercial properties.
D.Pedestrian walkway to Earman River (C-17
Canal).A clearly designated pedestrian walkway
shall be provided from public sidewalks to the
rear lot line on all properties located between US
Highway 1 and a point 200 feet east of the
centerline of Southwind Drive. This requirement
shall not apply if the location of existing build-
ings make it impractical.
Sec. 8-5 Site and street furniture.
A.Exterior lighting.All fixtures used for
exterior lighting (building and site) are to be
selected for functional and aesthetic value.
Decorative pedestrian-scale lighting shall be
provided at a height of no more than ten (10) feet
with standards constructed from steel, cast iron,
aluminum or spun concrete. Lighting standards
shall be of a consistent architectural style and
shall complement the predominant architectural
theme.
B.Street furniture.Additional amenities such
as drinking fountains, benches and shelters or
kiosks shall be provided and supplemented with
open spaces.
C.Dumpsters and similar containers.
Dumpsters 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
manner consistent with the architectural
style, color, materials, etc., of the principal
building, 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 provided
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
corners handicapped ramps shall be provided
and sidewalks shall continue across driveway
and parking lot surfaces using decorative paving
materials to delineate crosswalks. All new
construction or substantial renovation of exist-
ing buildings and structures shall include one (1)
or more-clearly delineated walkways from the
public sidewalk to the private sidewalk, arcade,
pedestrian way, etc. Examples of other
complementary materials include the following:
1. Paver blocks or alternative style or color;
2. New and used brick; and
3. Concrete stamped with a pattern.
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.
§ 45-35.3APPENDIX C—ZONING
2597Supp. No. 75
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 improved.
2. Chain link and wooden fences are
prohibited.
3. Properties within the marine district of
the C-NB district are exempt from this
requirement.
G.Underground utilities.The village may
require 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
loading 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
installed provided the dishes are not visible from
any street, and the color is compatible with the
surrounding environment. Plans for the instal-
lation of communication equipment, such as
dishes and antennas, shall be submitted for
review during the planning phase of a project.
K.Telephones, vending machines, and
newspaper racks.All public telephones, vending
machines, newspaper racks, and facilities dispens-
ing 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. Attachedandfreestandingstructuresshall
be landscaped consistent with and
architecturally compatible with the
principal structure.
2. Public telephones. Wall-mounted and
freestandingpublictelephonesvisiblefrom
a public right-of-way shall be fully or
partially 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
enclosures are constructed utilizing
the same architectural style, materi-
als, 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; Ord. No.
2020-06, § 23(Exh. 6), 9-24-20)
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,
flagpoles and parapet walls may be erected
above the height limits herein established.
A-1. No addition to any building and no
structure 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
the property upon which it is located is
within five hundred (500) feet of any R-1,
single-family dwelling district, except in
the C-MU and C-3 zoning districts where
the height limits and maximum height in
feet are defined in sections 45-31 and
45-34.1.
§ 45-35.3 NORTH PALM BEACH CODE
2598Supp. No. 75
B. Swimming pools shall be set back at
least seven and one-half (7
1/2) 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 includ-
ing 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
districts.
C. Detached garages not more than one (1)
story in height may be erected and
maintained 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 required front yard setback and the
front property line except as provided in
subsection D-2 below, 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 for a distance
of twenty (20) feet from the side property
line.
On all building 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 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.
D-4. The height of a gate affixed to a wall or
fence shall not exceed the maximum wall
or fence height, provided, however, that
on residential lots, one (1) gate up to
twenty (20) feet in width (inclusive of
gate posts) may exceed the maximum
height by up two (2) feet.
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
§ 45-36APPENDIX C—ZONING
2599Supp. No. 75
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.
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.
J. Whenever, by this ordinance, off-street
parking is required in any commercial or
mixed-use district or in any R-3 apart-
ment dwelling district, no such parking
facilities shall be hereafter constructed
as follows, in addition to any specific
requirements of the zoning district: 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. The maximum width of a
residential accessway to an off-
street parking or other vehicular
use area shall be twenty (20) feet
for two-way vehicular movement and
ten (10) feet for one-way vehicular
movement, measured at the narrow-
est point. For commercial uses, two-
way accessways shall be twenty-
four (24) feet and may be wider only
on county and state roads, subject
to approval by county and state
transportation officials.
(i) No more than one (1) two-way
accessway shall be permitted
for any street frontage up to
one hundred (100) lineal feet
or no more than two (2) one-
way accessways shall be permit-
ted for any street frontage up
to one hundred (100) lineal
feet, such standards to be
applicable to any property
under one (1) ownership.
(ii) Where such ownership involves
over one hundred (100) feet of
street frontage, one (1)
additional two-way or two (2)
additional one-way drives may
be permitted for each additional
one hundred (100) feet of front-
§ 45-36 NORTH PALM BEACH CODE
2600Supp. No. 75
age or major fraction thereof,
except where restricted by other
provisions of this Code or by
county and state transporta-
tion regulations.
b. Such off-street parking area is
designed with appropriate vehicular
maneuvering areas. Each required
parking space shall measure at least
9 feet by 18 feet.
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.
g. Parking lots shall be landscaped as
provided in the landscaping regula-
tions in Article VIII (section 45-81
et seq.).
h. Parking lots shall be designed and
improved to facilitate loading and
unloading. There shall be adequate
space for standing, loading and
unloading services to avoid undue
interference with public use of streets
or alleys.
K. No carnival, fair, amusement park or
circus shall be carried on in any residential
or commercial zoning district in the Vil-
lage of North Palm Beach, including
zoning districts R-1, R-2A, R-3, C-MU,
C-S and C-G; 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.
§ 45-36APPENDIX C—ZONING
2601Supp. No. 75
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
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,
except in the C-MU zoning district
where the height limits are defined
in section 45-31.
(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, except in the C-MU and C-3
zoning districts where the height
limits are defined in sections 45-31
and 45-34.1.
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
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,
§ 45-36 NORTH PALM BEACH CODE
2602Supp. No. 75
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
sales of alcoholic beverages within
one thousand (1,000) feet of the
North Palm Beach Country Club.
(6) Churches and other houses of wor-
ship, public and private schools,
hospitals, parks, and playgrounds
may locate and operate within one
thousand (1,000) feet of an existing
business licensed for the retail sale
of alcoholic beverages, and, in such
event, the existing business engaged
in the licensed retail sale of alcoholic
beverages shall not be in violation
of section 45-36N.(1).
O.Xeriscape landscaping practices.Proper-
ties within all zoning districts are encour-
aged to utilize xeriscape landscaping
practices to simultaneously enhance the
appearance of the property while requir-
ing less water and energy. Xeriscape
practices in the village shall be based on
the latest published South Florida Water
Management District xeriscape manual.
P.Maximum floor-area ratio.Maximum
gross floor area ratios for commercial
development within the area of the vil-
lage defined by PGA Boulevard on the
north, Lake Worth on the east and the
Intracoastal Waterway on the south and
west shall be limited as follows: retail -
0.25;professional office - 0.35;and mixed-
use - 0.35.
Q.Outdoor seating.
(1)Applicability.Outdoor seating shall
be permitted as an accessory use to
a building in which a food service
establishment is operated, provided
that:
a. The outdoor seating area is
adjacent to that portion of the
food service establishment
which is inside the building.
b. The outdoor seating is located
on property which is either
owned or leased by the adjacent
food service establishment or
the landlord of such food service
establishment. (See exceptions
in subsection (6))
c. The outdoor seating can be
accommodated without imped-
ing the access of the general
public, including persons with
disabilities, to the portion of
the food service establishment
which is located inside the
building, or to any other com-
mercial business or other use.
d. The outdoor seating can be
accommodated without creat-
ing a need for additional park-
ing spaces which could not be
provided on the same site as
the building for which the
outdoor seating would be an
accessory use or would create
a non-conforming status for
existing parking provided for
such building. (See exceptions
in subsection (6))
e. No outdoor seating shall be
permitted for adult entertain-
ment establishments.
(2)Permitting process.An applicant for
approval of outdoor seating shall
include the proposed outdoor seat-
ing as part of an overall application
for a building permit and/or site
plan and appearance approval or
shall seek amendment of an exist-
ing building permit and/or site plan
and appearance approval to allow
for outdoor seating, pursuant to the
§ 45-36APPENDIX C—ZONING
2603Supp. No. 75
applicable provisions of this Code.
Every application involving outdoor
seating shall include the following,
in addition to and not in place of
anything else which may otherwise
be required by any other provision
of this Code:
a. A site plan, drawn to scale,
which shows at least the build-
ing for which outdoor seating
will be an accessory use; the
location of the food service
establishment which will use
the outdoor seating; the loca-
tion of the outdoor seating and
all related fencing screening,
or dividing materials; the loca-
tion of any sidewalks or other
pedestrian walkways or pas-
sageways which are adjacent
to or will be affected by the
outdoor seating; and the loca-
tion of all existing or additional
parking for such building.
b. A copy of the written consent
of any person or business who
other than the applicant owns
or leases any property, includ-
ing any sidewalk or other public
passageway, upon [which] the
outdoor seating would be
located.
c. Photographs, renderings, or
samples showing the style and
color of all furnishings, fenc-
ing, screening, or dividing mate-
rial to be used for or in
conjunction with the outdoor
seating.
(3)Conditions of outdoor seating.
Outdoor seating shall comply at all
times with the following conditions:
a. Outdoor seating shall be
arranged, when in use, in a
manner that allows a
pedestrian walkway in compli-
ance with applicable accessibil-
ity, building, and fire codes.
b. Outdoor seating located on a
pedestrian walkway which
provides access to more than
one (1) occupant of a building,
as in a shopping center, shall
be arranged, when in use, in a
manner that maintains a pas-
sage of not less than five (5)
feet in width.
c. Outdoor seating of an applicant
shall not be located on any
sidewalk, passageway, or other
property adjacent to any other
business.
d. Outdoor seating shall not
occupy any area designated for
parking. (See exceptions in
subsection (6))
e. Outdoor seating which is used
for the service and sale of food
or beverages of any kind within
the outdoor seating area, shall
be physically separated and
visually distinct from any
immediately adjacent public
passageway or walkway by
means of approved fencing or
screening material which is not
less than two (2) feet in height,
by means of one (1) or more
planter boxes and other plant
container, by means of some
other approved divider, or any
combination of such means, but
not including tables, chairs or
other seating.
f. Outdoor seating areas may only
contain tables, chairs, umbrel-
lasand/orawningsandrequired
fencing or screening materials.
All such equipment shall be
compatible in color and style
with the exterior of the build-
ing and shall not contain or
have affixed to it any sign,
lettering or advertising of any
kind.
g. Outdoor seating shall be
maintained in a secure manner,
§ 45-36 NORTH PALM BEACH CODE
2604Supp. No. 75
whenever the food service
establishment is closed to the
public.
h. Establishments with outdoor
seating with food and bever-
age service shall meet all health
code and other applicable code
requirements of restaurants.
i. Any permanent or temporary
structures associated with
outdoor seating, including, but
not limited to, awnings and
covered roofs shall not encroach
into the required building
setback areas. Tables, chairs,
umbrellas, fencing, screening
and dividing materials shall
not be located closer to the
property line than two-thirds
(2/3) of the required front, side
or rear building setback. (See
exceptions in subsection (6))
(4)Limitations on use.Except for
outdoor seating located in an inner
court:
a. All sales and service of food
and beverages in an outdoor
seating area are prohibited
between the hours of 10:30 p.m.
and 7:00 a.m., Sunday through
Thursday, and between the
hours of 11:00 p.m. and 7:00
a.m., Friday through Saturday.
b. Outdoor seating areas shall be
in compliance with the vil-
lage's noise regulations.
(5)General requirements.Outdoor seat-
ing which increases the total number
of seats available at a food service
establishment shall be considered
an expansion of use. Such outdoor
seating shall be included in any
calculation of the total number of
seats provided by the food service
establishment, but not limited to,
parking, restroom facilities and busi-
ness taxes.
(6)Special requirements for C-MU and
C-3 zoning districts.In the C-MU
and C-3 zoning districts only, the
preceding requirements for outdoor
seating are modified as follows:
a. Outdoor seating may be
provided on sidewalks that have
been constructed on sidewalk
easements that were required
by this Code as long as this
seating does not unduly restrict
pedestrian movement. Outdoor
seating may not be provided
on sidewalks within the right-
of-way of US Highway 1, Yacht
Club Drive, Anchorage Drive,
Lighthouse Drive, Ebbtide
Drive, or Northlake Boulevard.
b. Outdoor seating may be
provided within build-to zones
required by this Code.
c. Outdoor seating may be
provided on an area designated
for parking and/or loading
without providing additional
parking spaces. However,
permission for such outdoor
seating would be on a
provisional basis and would be
subject to revocation as fol-
lows:
i. Permission may be
revoked by the community
development director if
there is evidence that the
permission is contribut-
ing to spillover parking
on nearby properties.
ii. Permission would be
automatically revoked if
the code enforcement
special magistrate issues
an order confirming a
violation of a parking-
related provision of this
Code.
R.Formerly developed vacant lots.
(1)Applicability.This section shall apply
to all lots within the village where
§ 45-36APPENDIX C—ZONING
2605Supp. No. 75
the principal structure has been
demolished and no principal use
currently exists on the property.
(2)Ground treatment.Vacant lots
regulated by this section shall be
cleared of construction material and
debris, shall be properly graded and
shall be covered with sufficient
ground treatment. Existing ground
treatment may be used to meet the
requirements of this section.
a. Ground treatment may consist
of any combination of living
plants, such as grass, ground
cover, shrubs, vines, hedges or
trees and non-living landscape
material such as rocks, pebbles,
sand, mulch and decorative
paving materials. Non-living
landscape material shall be
limited to a maximum of twenty
(20) percent of the total lot
area.
b. Property owners are encour-
aged to adhere to xeriscape or
"Florida Friendly "(as
promulgated by the Florida
Yards and Neighborhood
Program) landscaping
principles and utilize low-
maintenance, drought-toler-
ant landscaping materials and
practices.
c. The clearing and planting must
be completed within thirty (30)
days of the completion of the
demolition of the principal
structure. While the property
owner may irrigate the lot
utilizing an irrigation system,
electrical service to vacant lots
shall be prohibited.
d. The property owner shall
ensure that the property
adequately drains so as to
alleviate standing water.
(3)Foundations, driveways and acces-
sory structures.Slab foundations and
other structural features remaining
from demolished structures must be
removed from the lot. All accessory
structures (including swimming
pools), parking areas and driveways
shall be removed from vacant lots,
with the exception of seawalls,
driveway aprons located within
adjacent rights-of-way and irriga-
tion systems. Swimming pools shall
be removed or filled in accordance
with all applicable building code
requirements and state and local
health department regulations.
(4)Existing trees and vegetation.All
existing native and non-invasive
trees and palms shall be preserved
to the maximum extent possible.
All existing non-native and exotic
species, as listed in the most cur-
rent edition of the Florida Exotic
Pest Plant Council's List of Invasive
Plant Species, shall be removed from
the lot.
(5)Planting plan.Simultaneously with
the application for a demolition
permit, the lot owner shall submit a
planting plan to the community
development department indicating
the method of ground treatment
and identifying existing trees and
palms to be preserved and non-
native and exotic species to be
removed. The department shall not
issue the demolition permit until
the planting plan has been submit-
ted and approved.
(6)Maintenance.The lot shall be
maintained in accordance with the
requirements of chapters 14 and 15
of the village Code of Ordinances.
Maintenance shall terminate upon
the commencement of active
construction activities in accordance
with a valid and active building
permit. If construction activities
cease for more than thirty (30) days
§ 45-36 NORTH PALM BEACH CODE
2606Supp. No. 75
or the building permit expires, a
new planting plan shall be submit-
ted and implemented.
(7)Exemption.
a. A lot owner shall be exempt
from submitting a planting plan
and demolishing the existing
driveways, parking areas and
accessory structures if the
property will be redeveloped
within one hundred and twenty
(120) days of demolition, as
evidenced by the submittal of
an application for a building
permit or other development
approval at the time of demoli-
tion. The lot owner shall certify
that the existing driveways,
parking areas and accessory
structures will be incorporated
into the new construction plan
or are necessary to facilitate
future construction activities,
whichever is applicable. Lot
owners shall limit access to
swimming pools remaining on
vacant lots in accordance with
the applicable building code
requirements for new construc-
tion.
b. The exemption shall remain in
place for so long as the permit
or approval remains active,
provided that active construc-
tion activities commence within
the one hundred and twenty-
day period. In order to qualify
for the exemption, the lot owner
shall submit an affidavit stat-
ing that the above require-
ments shall be met at the time
the application for the demoli-
tion permit is submitted.
c. A property owner may apply
for one extension of the exemp-
tion period for a period of time
not to exceed sixty (60) days.
d. In the event: (i) construction
activities do not commence
within the one hundred and
twenty-day period; (ii) the
permits or other approvals
facilitating redevelopment of
the property expire; or (iii)
construction activities com-
mence and then cease for a
period of more than thirty (30)
days, the property owner shall
comply with all requirements
of subsections (2) through (6)
above within thirty (30) days.
(8)Existing docks or piers.An existing
dock or pier adjacent to a formerly
developed vacant lot may remain
subject to the following conditions:
a. The use of the dock or pier
shall be limited to one vessel;
b. The dock or pier shall only be
used for the personal enjoy-
ment of the lot owner and shall
not be rented or leased to any
third party or used for any
commercial purpose;
c. No sewer or electrical services
to the dock or pier shall be
permitted;
d. No live aboard vessels shall be
permitted;
e. The upland portion of the lot
shall not be used for storage,
parking or any other accessory
use or structure until the
principal use or primary
structure is completed; and
f. Access to the dock or pier may
be restricted as provided in
section 45-36(D-1) above.
(9)Enforcement.Violations of this sec-
tion shall be enforced as code enforce-
ment violations in accordance with
article VI of chapter 2 of the village
Code of Ordinances.
S.Additional regulations applicable to medi-
cal or dental offices or clinics.
(1)Purpose.These regulations are
enacted to discourage the misuse
§ 45-36APPENDIX C—ZONING
2607Supp. No. 75
and abuse of narcotics and other
controlled substances such as pain
medications, and to address the
impacts upon land uses that are
associated with businesses that oper-
ate principally to dispense pain
medications for chronic pain but
without the services of typical medi-
cal offices that provide thorough
on-site examinations, medical treat-
ments or procedures and continued
medical oversight. Such businesses
have been determined to be associ-
ated with the excessive use of, addic-
tion to, and subsequent illegal sales
and distribution of controlled
substances.
(2)Applicability.This section applies
to all medical or dental offices or
clinics within the village.
(3)On site dispensing of controlled
substances.On-site dispensing of
controlled substances that are identi-
fied in Schedules II, III or IV in
Sections 893.03, 893.035 or 893.0356,
Florida Statutes, is strictly
prohibited, unless otherwise
expressly permitted by statutory or
general law. However, the following
are exempt from this prohibition:
a. A health care practitioner when
administering a controlled
substance directly to a patient
if the amount of the controlled
substance is only intended to
treat the patient during that
particular treatment session.
b. A pharmacist or health care
practitioner when administer-
ing a controlled substance to a
patient or resident receiving
care as a patient at a hospital,
nursing home, ambulatory
surgical center, hospice, or
intermediate care facility for
the developmentally disabled
that is licensed by the State of
Florida.
c. A health care practitioner when
administering a controlled
substance in the emergency
room of a licensed hospital.
d. A health care practitioner when
administering or dispensing a
controlled substance to a person
under the age of sixteen (16).
e. A health care practitioner when
dispensing a one-time, seventy-
two (72) hour emergency re-
supply of a controlled substance
to a patient.
(4)Acknowledgment of regulations.The
health care practitioner responsible
for the operation or supervision of
any medical or dental office or clinic
shall execute an affidavit
acknowledging the regulations set
forth in subsection (3) above prior to
payment of the required business
tax, and annually thereafter upon
renewal of same prior the issuance
of a business tax receipt. Failure or
refusal to execute the required
affidavit shall constitute prima facie
evidence that the subject medical or
dental office or clinic is operating in
violation of the code of ordinances,
which may result in code enforce-
ment action, revocation of business
tax receipt, and/or any other action
permitted by law.
(5)Applicability to existing uses.The
prohibition set forth in subsection
(3) above shall not apply to existing
pain management clinics, as defined
by Chapters 458 and 459, Florida
Statutes, operating as of February
11, 2010, provided that such
establishments comply with all other
applicable laws, rules and regula-
tions, including statutory registra-
tion requirements.
T.Additional regulations applicable to
pharmacies and drug stores.
(1)Purpose.These regulations are
enacted to discourage the misuse
§ 45-36 NORTH PALM BEACH CODE
2608Supp. No. 75
and abuse of narcotics and other
controlled substances such as pain
medications, and to address the
impacts upon land uses that are
associated with pharmacies affili-
ated with medical or dental offices
or clinics that operate principally to
dispense pain medications. Such
businesses have been determined to
be associated with the excessive use
of, addiction to, and subsequent
illegal sales and distribution of
controlled substances.
(2)Applicability.This section applies
to all pharmacies within the village,
including those located within drug
stores.
(3)Limitation.No more than fifteen
percent (15%) of the total number of
prescriptions sold within a thirty
(30) day period can be derived from
the sale of Schedule II controlled
substances as listed in Section
893.03,FloridaStatutes. Allpharma-
cies, including those located within
drug stores, shall be staffed by a
state licensed pharmacist who shall
be present during all hours the
pharmacy is open for business. This
restriction shall not apply to a
pharmacy operating as an accessory
use to a facility licensed under
Chapter 395, Florida Statutes (e.g.
hospital).
(4)Acknowledgment of regulations.The
owner or operator of a pharmacy or
drug store shall execute an affidavit
acknowledging the regulations set
forth in subsection (3) above prior to
payment of the required business
tax, and annually thereafter upon
renewal of same prior the issuance
of a business tax receipt. Failure or
refusal to execute the required
affidavit shall constitute prima facie
evidence that the subject pharmacy
or drug store is operating in viola-
tion of the code of ordinances, which
may result in code enforcement
action, revocation of business tax
receipt, and/or any other action
permitted by law.
U.Use of portable storage containers and
roll-off dumpsters in all zoning districts.
(1)Purpose.The purpose of this subsec-
tion is to regulate the use of:
a. Shipping containers and all
types and brands of portable
or mobile storage containers,
including portable on demand
storage containers, also known
as "PODS"(collectively referred
to as "portable storage contain-
ers"); and
b. Roll-off construction dumpsters
(collectively referred to as "roll-
off dumpsters").
(2)Applicability.These regulations shall
apply to all properties located within
the village.
(3)Permit required.
a. No portable storage container
or construction dumpster shall
be located on any property for
more than seven (7) consecu-
tive calendar days, unless the
occupant of the property first
obtains a permit from the com-
munity development depart-
ment.
b. Applicants shall complete and
submit a permit application on
a form prescribed by the vil-
lage and pay a permit fee as
established by resolution of the
village council, provided,
however, that the village shall
not require a permit fee for a
roll-off dumpster where the
occupant possesses an active
building permit for improve-
ments to the property on which
the roll-off dumpster is located.
c. The community development
department may require the
applicant to submit
§ 45-36APPENDIX C—ZONING
2609Supp. No. 75
documentary evidence to
demonstrate that the applicant
is either the owner or lessee of
the property upon which the
portable storage container or
roll-off dumpster will be located.
Such evidence may include, but
is not limited to, a deed or
lease agreement.
(4)Limitations on size and quantity of
permitted portable storage contain-
ers and roll-off dumpsters.
a. The village shall not issue a
permit for more than one
standard size portable storage
container, eight (8) feet in
height by eight (8) feet in width
by sixteen (16) feet in length,
on any property.
b. The village shall not issue a
permit for more than one roll-
off dumpster, not to exceed four
and one-half (4 ) feet in height
by eight (8) feet in width by
twenty-two (22) feet in length
(twenty (20) yard capacity), for
any property.
(5)Length of time.
a. A permit for the placement of a
portable storage container or
roll-off dumpster shall be valid
of a period of thirty (30)
consecutive days from the date
of permit issuance, provided,
however, that a permit for a
roll-off dumpster shall be valid
for up to one hundred and
eighty (180) consecutive days
where the occupant possesses
an active building permit for
improvements to the property
on which the roll-off dumpster
is located.
b. In the event of exceptional
circumstances, the permit
holder for a portable storage
container may request an
extension for an additional
thirty (30) consecutive days.
Any request for an extension
of time must be in writing, and
must include a written justifica-
tion statement demonstrating
"good cause"as to why the
initial thirty (30) day period
should be extended. The deci-
sion to grant or deny the
request for an extension of time
shall be within the sole discre-
tion of the village, and the
village shall charge an
additional fee for any exten-
sion of time.
c. If ongoing construction
continues on the property past
one hundred and eighty (180)
consecutive days, the permit
holder for a roll-off dumpster
may request one or more exten-
sions of time of up to ninety
(90) consecutive days each. For
the purpose of this section,
ongoing construction means
construction-related activities
are being carried out on a
continuing basis pursuant to a
valid permit, with regularly
scheduled successful inspec-
tions. The community develop-
ment director may revoke a
permit at any time if the direc-
tor determines that ongoing
construction is no longer occur-
ring on the property. The
property owner may challenge
the director's revocation of a
permit or any extension thereof
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
§ 45-36 NORTH PALM BEACH CODE
2610Supp. No. 75
property with more than one
unit, the same occupant of any
unit.
(6)Additional requirements.
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,drainageeasement,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.
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,
§ 45-36APPENDIX C—ZONING
2611Supp. No. 75
§ 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; Ord. No. 2019-03, § 2, 6-27-19; Ord.
No. 2019-06, § 4, 7-11-19; Ord. No. 2020-06, § 24,
9-24-20)
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.
E.Placement on local register.The following
procedure shall be followed for placement of
sites, buildings, structures, objects, areas and
districts on the local register:
1. A nomination form, available from the
department of community development,
shall be completed by the applicant and
returned to the department.
§ 45-36 NORTH PALM BEACH CODE
2612Supp. No. 75
2. Upon receipt of a completed nomination
form, including necessary documenta-
tion, the director shall place the nomina-
tion on the agenda of the next regularly
scheduled meeting of the village plan-
ning commission. If the next regularly
scheduled meeting of the planning com-
mission is too close at hand to allow for
the required notice to be given, the
nomination shall be placed on the agenda
of the succeeding regularly scheduled
meeting.
3. Adequate notice of the planning commis-
sion's consideration of the nomination
shall be provided to the public at large,
and to the owner(s) of the nominated
property(ies), at least fifteen (15) days in
advance of the meeting at which the
nomination will be considered by the
council.
4. The planning commission shall, within
thirty (30) days from the date of the
meeting at which the nomination is first
on the planning commission agenda,
review the nomination and write a recom-
mendation thereon for consideration by
the village council. The recommendation
shall include specific findings and conclu-
sions as to why the nomination does or
does not meet the appropriate criteria for
listing on the local register. The recom-
mendation shall also include any owner's
objection to the listing. If the nomination
is of a district, the recommendation shall
also clearly specify, through the use of
maps, lists or other means, those build-
ings, objects or structures which are clas-
sified as contributing to the historical
significance of the district.
5. Upon receipt of the recommendation from
the planning commission to the village
council, the nomination shall be placed
on the agenda of the next regularly
scheduled workshop of the village council.
6. Following the village council workshop
consideration, adequate notice of the vil-
lage council's consideration of the nomina-
tion at a public meeting shall be provided
to the public at large (advertisement for
public hearing), and to the owner(s) of
the nominated property or properties, at
least fifteen (15) days in advance of the
meeting at which the nomination will be
considered by the council.
7. The village council shall, within ninety
(90) days from the date of the meeting at
which nomination is first on the council's
agenda, review the nomination and vote
to accept or reject the nomination. The
decision shall include specific findings
and conclusions as to why this nomina-
tion does or does not meet the appropri-
ate criteria for listing on the local register.
The decision shall also include any owner's
objection to the listing. If the nomination
is of a district, the decision shall also
clearly specify, through the use of maps,
lists, or other means, those grounds,
buildings, objects or structures which are
classified as contributing to the histori-
cal significance of the district. The
nomination form and the council's recom-
mendation shall be sent to the planning
commission. The nomination shall then
be handled as any other rezoning/amend-
ment to the land use element.
F.Criteria for listing on local register.
1. A site, building or district must meet the
following criteria before it may [be] listed
on the local register:
a. The site, building or district pos-
sesses integrity of location, design
setting, materials, workmanship,
feeling and association; and
b. The site, building or district is associ-
ated with events that are significant
to local, state or national history; or
the district site, building, structure
or object embodies the distinctive
characteristics of a type, period or
method of construction, or represents
the work of a master, or possesses
high artistic values, or represents a
significant and distinguishable entity
whose components may lack
individual distinction.
§ 45-37APPENDIX C—ZONING
2613Supp. No. 75
2. A site or building located in a local
register of historic sites district shall be
designated as contributing to that district
if it meets the following criteria:
a. The property is one which, by its
location, design, setting, materials,
workmanship, feeling and associa-
tion adds to the district's sense of
time and place and historical
development.
b. A property should not be considered
contributing if the property's
integrity of location, design, setting,
materials, workmanship, feeling and
association have been so altered
that the overall integrity of the
property has been irretrievably lost.
c. Structures that have been built
within the past fifty (50) years shall
not be considered to contribute to
the significance of a district, unless
astrongjustificationconcerningtheir
historical or architectural merit is
given or the historical attributes of
the district are considered to be less
than fifty (50) years old.
G.Effect of listing on local register.
1. The department may issue an official
certificate of historic significance to the
owner of properties listed individually on
the local register or judged as contribut-
ing to the character of a district listed on
the local register. The director of public
services is authorized to issue and place
official signs denoting the geographic
boundaries of each district listed on the
local register.
2. Structures and buildings listed individu-
ally on the local register or judged as
contributing to the character of a district
listed on the local register shall be deemed
historic and entitled to modified enforce-
ment of the Standard Building Code as
provided by Chapter 1, section 101.5 of
the Standard Building Code Congress
International, Inc.
3. No demolition, alteration, relocation or
construction activities may take place
except as provided below.
H.Certificate of appropriateness.
1.When required.
a. A certificate of appropriateness must
be obtained from the planning com-
mission before making certain altera-
tions, described below as regulated
work items, contributing structures
and structures listed individually
on the local register.
b. For each of the regulated work items
listed below, the following applies.
i.Ordinary maintenance.If the
work constitutes "ordinary
maintenance"as defined in this
code, the work may be done
without a certificate of
appropriateness.
ii.Staff approval.If the work is
not "ordinary maintenance,"
but will result in the "original
appearance"as defined in this
code, the certificate of
appropriateness may be issued
by the director of community
development.
iii.Planning commission approval.
If the work is not "ordinary
maintenance"and will not
result in the "original appear-
ance,"a certificate of
appropriateness must be
obtained from the planning
commission before the work
may be done.
c. The following are regulated work
items:
i. Installation or removal of metal
awnings or metal canopies.
ii. Installation of all decks above
the first-floor level and/or on
the front of the structure.
§ 45-37 NORTH PALM BEACH CODE
2614Supp. No. 75
iii. Installation of an exterior door
or door frame, or the infill of
an existing exterior door open-
ing.
iv. Installation or removal of any
exterior wall, including the
enclosure of any porch or other
outdoor area with any mate-
rial other than insect screen-
ing.
v. The installation or relocation
of wood, chain-link, masonry
(garden walls) or wrought iron
fencing, or the removal of
masonry (garden walls) or
wrought iron fencing.
vi. The installation or removal of
all fire escapes, exterior stairs
or ramps for the handicapped.
vii. Painting unpainted masonry
including stone, brick, terra-
cotta and concrete.
viii. Installation or removal of rail-
ings or other wood, wrought
iron or masonry detailing.
ix. Abrasive cleaning of exterior
walls.
x. Installation of new roofing
materials, or removal of exist-
ing roofing materials.
xi. Installation or removal of
security grilles, except that in
no case shall permission to
install such grilles be
completely denied.
xii. Installation of new exterior
siding materials, or removal of
existing exterior siding materi-
als.
xiii. Installation or removal of
exterior skylights.
xiv. Installation of exterior screen
windows or exterior screen
doors.
xv. Installation of an exterior
window or window frame or
the infill of an existing exterior
window opening.
d. A certificate of appropriateness must
be obtained from the planning com-
mission to erect a new building or
parking lot within a district listed
on the local register.
e. A certificate of appropriateness must
be obtained from the planning com-
mission to demolish a building,
structure or object listed individu-
ally on the local register, or
designated as contributing to a
district listed on the local register.
f. A certificate of appropriateness must
be obtained from the planning com-
mission to relocate a building,
structure, or object listed individu-
ally on the local register, or
designated as contributing to a
district listed on the local register.
2.Criteria for issuing.
a. The decision on all certificates of
appropriateness, except those for
demolition, shall be guided by the
secretary of the interior's standards
for rehabilitation and guidelines for
rehabilitating historic buildings and
the following visual compatibility
standards:
i.Height.Height shall be visu-
ally compatible with adjacent
buildings.
ii.Proportionofbuilding,structure
or object's front facade.The
width of building, structure or
object to the height of the front
elevation shall be visually
compatible to buildings and
places to which it is visually
related.
iii.Proportion of openings within
the facility.The relationship of
the width of the windows in a
building, structure, or object
shall be visually compatible
with buildings and places to
which the building, structure
or object is visually related.
§ 45-37APPENDIX C—ZONING
2615Supp. No. 75
iv.Rhythm of solids to voids in
front facades.The relationship
of solids to voids in the front
facade of a building, structure
or object shall be visually
compatible with buildings and
places to which it is visually
related.
v.Rhythm of buildings, structures
or objects on streets.The
relationship of the buildings,
structures or objects to open
space between it and adjoining
buildings and places shall be
visually compatible to the build-
ings and places to which it is
visually related.
vi.Rhythm of entrance and/or
porch projection.The relation-
ship of entrances and projec-
tions to sidewalks of a building,
structure or object shall be visu-
ally compatible to the build-
ings and places to which it is
visually related.
vii.Roof shapes.The roof shape of
the building, structure or object
shall be visually compatible
with the buildings to which it
is visually related.
viii.Wall of continuity.
Appurtenances of a building,
structure or object such as
walls, fences, [or] landscape
masses shall, if necessary, form
cohesive walls of enclosure
along a street, to insure visual
compatibility of the building,
structure, or object to the build-
ing and places to which it is
visually related.
ix.Scale of a building.The size of
the building, structure or object,
the building mass of the build-
ing, structure or object in rela-
tion to open space, the windows,
door openings, porches and
balconies shall be visually
compatible with the buildings
and places to which it is visu-
ally related.
x.Directional expression of front
elevation.A building, structure,
or object shall be visually
compatible with the buildings
and places to which it is visu-
ally related in its directional
character.
b. In addition to the guidelines provided
in paragraph (a) above, issuance of
certificates of appropriateness for
relocations shall be guided by the
following factors:
i. The historic character and
aesthetic interest the building,
structure or object contributes
to its present setting;
ii. Whether there are definite
plans for the area to be vacated
and the effect of those plans on
the character of the surround-
ing area;
iii. Whether the building, structure
or object can be moved without
significant damage to its physi-
cal integrity; and
iv. Whether the proposed reloca-
tion area is compatible with
the historical and architectural
character of the building,
structure or object.
c. Issuance of certificates of
appropriateness for demolitions shall
be guided by the following factors:
i. The historic or architectural
significance of the building,
structure or object;
ii. The importance of the build-
ing, structure or object to the
ambience of a district;
iii. The difficulty or the impossibil-
ity of reproducing such a build-
ing, structure or object because
of its design, texture, material,
detail or unique location;
§ 45-37 NORTH PALM BEACH CODE
2616Supp. No. 75
iv. Whether the building, structure
or object is one (1) of the last
remaining examples of its kind
in the neighborhood, the county,
or the region;
v. Whether there are definite
plans for reuse of the property
if the proposed demolition is
carried out, and the effect of
those plans on the character of
the surrounding area;
vi. Whether reasonable measures
can be taken to save the build-
ing, structure or object from
collapse; and
vii. Whether the building, structure
or object is capable of earning
reasonable economic return on
its value.
3.Procedure.
a. A person wishing to undertake any
of the actions requiring a certificate
of appropriateness shall file an
application for a certificate of
appropriateness, and supporting
documents, with the director.
b. The applicant shall confer with the
director concerning the nature of
the proposed action and require-
ments related to it. The director
shall advise the applicant of the
nature and detail of the plans,
designs, photographs, reports or
other exhibits required to be submit-
ted with the application. Such advice
shall not preclude the planning com-
mission from requiring additional
material prior to making its
determination in the case. Follow-
ing the conference with the director,
a preapplication conference shall be
held with the planning commission
if requested by the applicant.
c. Upon receipt of a completed applica-
tion and all required submittals and
fees, the director shall place the
application on the next regularly
scheduled meeting of the planning
commission allowing for notice as
required herein. Applications for
certificates of appropriateness may
be heard at specially called meet-
ings of the planning commission
provided all notice requirements are
met. Upon mutual agreement
between the applicant and the direc-
tor, the application may be set for
hearing at a meeting later than the
next regularly scheduled meeting.
d. At least fifteen (15) days, but not
more than thirty (30) days, prior to
the meeting at which the applica-
tion is to be heard, the director shall
give the following notice:
i. Written notice of the time and
place of the meeting shall be
sent to the applicant and all
persons or organizations filing
written requests for notifica-
tion with the department.
ii. One (1) advertised notice in a
newspaper of general circula-
tion.
e. The hearing shall be held at the
time and place indicated in the
notice. The decision of the planning
commission shall be made at the
hearing.
f. The planning commission shall use
the criteria set forth in paragraph F
of this section to review the
completed application and
accompanying submittals. After
completing the review of the applica-
tion and fulfilling the public notice
and hearing requirements set forth
above, the planning commission shall
take one of the following actions:
i. Grant the certificate of
appropriateness with an
immediate effective date;
ii. Grant the certificate of
appropriateness with special
modifications and conditions;
or
§ 45-37APPENDIX C—ZONING
2617Supp. No. 75
iii. Deny the certificate of
appropriateness.
g. The planning commission shall make
written findings and conclusions that
specifically relate the criteria for
granting certificates of appropriate-
ness. All parties shall be given the
opportunity to present evidence
through documents, exhibits,
testimony, or other means. All par-
ties shall be given the opportunity
to rebut evidence through cross-
examination or other means.
h. The department shall record and
keep records of all meetings. The
records shall include the vote,
absence, or abstention of each
member upon each question, all
official actions of the planning com-
mission, and the findings and conclu-
sions of the planning commission.
All records shall be filed in the
department.
i. Any person aggrieved by a decision
reached by the planning commis-
sion may appeal the decision to the
village council.
j. No work for which a certificate of
appropriateness is required may be
undertaken unless a certificate of
appropriateness authorizing the
work is conspicuously posted on the
property where the work is to be
performed.
(Ord. No. 24-90, § 1, 6-28-90)
Cross reference—Alcoholic beverages, Ch. 3.
Sec. 45-38. I-1 light industrial district.
A.Intent.The purpose and intent of the I-1
light industrial district is to implement the Light
Industrial/Business future land use category, as
established in the Village of North Palm Beach
Comprehensive Plan. The I-1 district provides
areas in appropriate locations for certain types
of businesses, light manufacturing, processing or
fabrication of non-objectionable products not
involving the use of material, processes or
machinery likely to cause undesirable effects
upon the environment or on nearby or adjacent
residential or commercial properties.
B.Definitions.The following definitions shall
be used for the purposes of the I-1 light industrial
district:
Agriculture, Research and Development:The
use of land or buildings for agriculture research
and the cultivation of new agricultural products.
Art Studio:An establishment used in the
practice of artistic pursuits, including, but not
limited to, instruction, for fine arts, music,
photography, painting, sculpture, drama, speech,
and dance.
Assisted Living Facility:A facility licensed by
the agency for health care administration which
provides housing, meals and personal care and
services to adults for a period exceeding twenty-
four (24) hours, as defined in F.S. § 429.02, as
amended.
Auto Paint and Body Shop:An establishment
engaged in the painting of motor vehicles or
performance of major external repairs of a non-
mechanical nature.
Auto Service Station:An establishment primar-
ily engaged in the retail sale of gasoline or motor
fuels. An auto service station may include acces-
sory activities such as the sale of vehicle acces-
sories or supplies, the lubrication of motor vehicles,
the minor adjustment or minor repair of motor
vehicles, the sale of convenience food items, or an
accessory restaurant.
Broadcast Studio:An establishment primarily
engaged in broadcasting visual or aural programs
by radio or television to the public including, but
not limited to, providing cable and other televi-
sion services, producing recorded television or
radio program materials, and broadcasting com-
mercial, religious, educational and education-
based television and radio programming.
Building Supplies:An establishment engaged
in the fabrication and/or sale of products to
contractors for the construction, maintenance,
repair and improvement of real property.
§ 45-37 NORTH PALM BEACH CODE
2618Supp. No. 75
Butcher Shop:An establishment dealing in
the dressing and/or retail or wholesale of meat,
poultry or fish.
Car Wash:A permanent establishment engaged
in washing or detailing motor vehicles, which
may involve production line methods with a
conveyor, blower, or other mechanical devices,
and which may employ some hand labor. Detail-
ing includes hand washing and waxing, striping,
and interior cleaning.
Catering Service:An establishment where food
and beverages are prepared and delivered for
consumption off the premises. A catering service
may also provide personnel, serving equipment,
and decorations.
Chipping and Mulching:An establishment
using equipment designed to cut tree limbs,
brush or wood construction debris into small
pieces for use as mulch.
Commercial Greenhouse:An establishment
having roofs and walls made of rolled plastic or
similar materials used for the indoor cultivation
of plants, which may include hydroponic farm-
ing.
Communications Panel Antennas, Commercial:
A tower with the principal use of facilitating
transmissions for AM/FM radio, television,
microwave and cellular telephone and includes
transmission towers, antennas and accessory
equipment and structures.
Community Vegetable Garden:A plot of land
used primarily as a vegetable garden, which is
cultivated and harvested by a group of residents
from the surrounding area.
Data and Information Processing:An establish-
ment used for business offices of an industrial
nature, including, but not limited to, corporate
centers, mail processing and telemarketing
centers. Such uses are generally not frequented
by the general public.
Day care center:An establishment that provides
care, protection and supervision for children
when licensed by the Palm Beach County Health
Department, or adults when licensed by the
Agency for Health Care Administration, not
related by blood or marriage or foster care
responsibility, for a period of less than twenty-
four (24) hours per day. Day care does not
include nighttime or overnight care.
Dispatching Office:An establishment provid-
ing services off-site to households and busi-
nesses using land-based communications. Typical
uses include janitorial services, pest control
services, and taxi, limousine, and ambulance
services.
Dog Daycare:An establishment providing
daytime care and training for domestic dogs.
Farmers Market:An establishment providing
the wholesale sale of farm produce.
Film Production Studio:The use of a lot or
building for the production of films, videos or
other recordings for exhibition or sale.
Fitness Center:An enclosed building or
structure containing multi-use facilities for
conducting recreational activities such as aerobic
exercises, weight lifting, running, swimming,
racquetball, handball, and squash. This use
shall also include instructional studios, such as
dance studios and karate schools. A fitness
center may also include the following customary
accessory activities as long as they are intended
for the use of the members of the center and not
for the general public: babysitting, food service,
and the service of alcoholic beverages for on
premises consumption.
Food Service establishment:Any building,
vehicle, place or structure, or any room or divi-
sion in a building, vehicle, place or structure
where food is prepared, served, or sold for immedi-
ate consumption on or in the vicinity of the
premises; called for or taken out by customers; or
prepared prior to being delivered to another
location for consumption.
Food truck:A mobile food dispensing vehicle
that is self-propelled and capable of being moved
from place to place and where food and bever-
ages are consumed off-premises.
Governmental Services:Buildings or facilities
owned or operated by a government entity and
providing services for the public. Typical uses
§ 45-38APPENDIX C—ZONING
2619Supp. No. 75
include administrative offices for government
agencies, public libraries, police stations, public
utilities and public works facilities.
Instructional studio:A commercial establish-
ment providing training or instruction for competi-
tion in martial arts, exercise, gymnastics, or
related/similar activities.
Kennel (Commercial):A commercial establish-
ment, including any building or land, used for
the training, boarding or grooming of domesticated
animals (e.g. dogs and cats) for profit and not
necessarily owned by the occupants of the
premises.
Landscape Service:An establishment engaged
in the provision of landscape maintenance or
installation services, such as lawn mowing, tree,
shrub or hedge trimming, leaf blowing, landscape
design, and landscape installation.
Laundry Services:An establishment that
provides washing, drying, dry-cleaning, or iron-
ing machines for hire to be used by customers on
the premises, or that is engaged in providing
laundry and dry cleaning services with customer
drop-off and pick-up.
Machine or Welding Shop:A workshop where
machines, machine parts, or other metal products
are fabricated. Typical uses include machine
shops, welding shops and sheet metal shops.
Manufacturing and Processing (Light):An
establishment engaged in the manufacture,
predominately from previously prepared materi-
als, of finished products or parts, including
processing, fabrication, assembly, treatment and
packaging of such products, and incidental stor-
age, sales and distribution of such products, but
excluding heavy industrial processing. Typical
uses include factories, large-scale production,
wholesale distribution, publishing and food
processing.
Medical and Dental Laboratory:A facility for
the construction or repair of prosthetic devices or
medical testing exclusively on the written order
of a licensed member of the dental or medical
profession and not for the general public.
Medical or Dental Office:An establishment
where patients, who are not lodged overnight,
are admitted for examination or treatment by
persons practicing any form of healing or health-
building services whether such persons be medi-
cal doctors, chiropractors, osteopaths, podiatrists,
naturopaths, optometrists, dentists, or any such
profession, the practice of which is lawful in the
State of Florida. A pain management clinic shall
not be considered a medical or dental office.
Medical Marijuana Treatment Center:A facil-
ity licensed by the Florida Department of Health
to acquire, cultivate, possess, process (including
but not limited to development of related products
such as food, tinctures, aerosols, oils or oint-
ments), transfer, transport, store, or administer
marijuana, products containing marijuana, related
supplies, or educational materials to qualifying
patients or their caregivers, as authorized by
state law. A facility which provides retail sales or
dispensing of marijuana shall not be classified as
a medical marijuana treatment center under
this chapter, but shall be classified as a medical
marijuana treatment center dispensing facility.
Medical Marijuana Treatment Center Dispens-
ing Facility:A retail facility established by a
licensed medical marijuana treatment center
that sells or dispenses marijuana, products
containing marijuana, or related supplies, but
does not engage in any other activity related to
the preparation, wholesale storage, distribution,
transfer, cultivation, or processing of any form of
marijuana, marijuana products, or related sup-
plies.
Monument Sales, Retail:An establishment
primarily engaged in the retail sale of monu-
ments, such as headstones, footstones, markers,
statues, obelisks, cornerstones, gargoyles and
ledges, for placement on graves, including indoor
or outdoor storage.
Nursery, Retail or Wholesale:An establish-
ment offering the wholesale or retail sale of
horticultural specialties such as flowers, shrubs,
sod, trees, mulch and accessory hardscape materi-
als, such as decorative stones, intended for
ornamental or landscaping purposes.
Office, Business or Professional:An establish-
ment providing executive, management,
administrative, or professional services, but not
§ 45-38 NORTH PALM BEACH CODE
2620Supp. No. 75
involving medical or dental services or the sale of
merchandise, except as an incidental uses. Typi-
cal uses include property and financial manage-
ment firms, employment agencies (other than
day labor), travel agencies, advertising agencies,
secretarial and telephone services, contract post
office; professional or consulting services in the
fields of law, architecture, design, engineering,
accounting and similar professions; and business
offices of private companies, utility companies,
public agencies, and trade associations.
Park, Passive:A public or private outdoor
recreation area relying on a natural or man-
made resource base and developed with a low
intensity of impact on the land. Typical uses
include trail systems, wildlife management and
demonstration areas for historical, cultural,
scientific, educational or other purposes that
relate to the natural qualities of the area, and
support facilities for such activities.
Parking Lot or Parking Garage, Commercial:
A lot used for temporary parking or storage for
motor vehicles as a principal use for a fee.
Place of Worship:A sanctuary which may
include a retreat, convent, seminary or other
similar use, owned or operated by a tax-exempt
religious group that is used periodically, primar-
ily or exclusively for religious worship, activities
and related services.
Printing and Copying Services:An establish-
ment engaged in retail photocopy, reproduction,
or blueprinting services.
Repair and Maintenance, General:An establish-
ment engaged in the repair and maintenance of
motor vehicles or other heavy equipment or
machinery, including automobiles, boats,
motorcycles, personal watercraft and trucks,
excluding paint and body work. Typical uses
include vehicle repair garages, tune-up stations,
glass shops, quick-lube, and muffler shops.
Repair Services, Limited:An establishment
engaged in the repair of personal apparel or
household appliances, furniture, and similaritems,
excluding repair of motor vehicles. Typical uses
include apparel repair and alterations, small
appliance repair, small motor repair (including
golf carts, mopeds and lawn mowers), bicycle
repair, clock and watch repair, and shoe repair
shops.
Residential substance abuse treatment.An
establishment that includes the following licensed
providers or facilities as specifically listed in F.S.
§ 397.311(18), providing overnight services: (a)
day or night treatment with community housing;
(b) detoxification services; (c) medication-as-
sisted treatment for opiate addition;(d) outpatient
treatment and intensive outpatient treatment;
(e) additions receiving facility; (f) intensive
inpatient treatment facility; and (g) residential
treatment facility. Residential substance abuse
treatment providers may also provide outpatient
substance abuse treatment services.
Restaurant, fast food:An establishment
equipped to sell food and beverages by one of (1)
the following methods: drive-through sales to
patrons in automobiles for take-out who place
orders through a window or remote transmission
device; or sales to patrons for take-out or dining
in, that includes three (3) or more of the follow-
ing: food or beverage choices are advertised on a
menu board; countertop sales where payment is
made prior to consumption; disposable contain-
ers and utensil; limited service dining facilities
with no hostess or waiters; and self-service or
prepackaged condiments.
Restaurant, take out:An establishment where
food and beverages are served to be consumed
off-premises.
Security or Caretaker Quarters:An accessory
residence used by a caretaker or security guard
actively engaged in providing security, custodial
or managerial services upon the premises.
Self-Service Storage, Limited Access:A facility
consisting of individual, self-contained units that
are leased for the storage of business or personal
goods.
Transportation Facility:A facility for loading,
unloading, and interchange of passengers, bag-
gage, and freight or package express between
modes of transportation. Typical uses include
bus terminals, railroad stations and yards, and
major mail-processing centers.
§ 45-38APPENDIX C—ZONING
2621Supp. No. 75
Transportation Transfer Facility (Distribu-
tion):An establishment providing for the transfer
of transportation or other motorized vehicles,
but not involving vehicle sales or rental (retail or
wholesale). Typical uses include the transfer of
automobiles, trucks, heavy equipment, or other
motorized vehicles prior to distribution to retail
dealers.
Shade House:A temporary screen enclosure
used to protect plants from insects, heat and
exposure to the sun.
Towing Service, No Storage:An establishment
engaged in tow truck and towing services, includ-
ing dispatching, with no outdoor storage of
vehicles, sales or repairing or salvage activity.
Veterinary Clinic:An establishment engaged
in providing medical care, treatment and
temporary boarding for animals.
Vocational School:An establishment offering
regularly scheduled instruction in technical, com-
mercial, or trade skills such as business, real
estate, building and construction trades, electron-
ics, computer programming and technology,
automotive or aircraft mechanics and technol-
ogy, or other type of vocational instruction.
Warehouse:A building used for the storage of
raw materials, equipment, or products. Typical
uses include moving companies, cold storage,
and dead storage facilities, but exclude self-
service storage facilities.
Wholesaling, General:An establishment
engaged in the display, maintaining inventories
of goods, storage, distribution and sale of goods
to other firms for resale or supplying goods to
various trades, such as landscapers, construction
contractors, institutions, industries, or profes-
sional businesses. In addition to selling, wholesale
establishments sort and grade goods in large
lots, break bulk and redistribute in smaller lots,
delivery and refrigeration storage, but excluding
vehicle sales, wholesale greenhouses or nurser-
ies, wholesale of gas and fuel, and wholesale
building supplies.
C.Uses permitted.Within any I-1 light
industrial district, a building, structure, land or
water shall not be used except for one (1) or more
of the following uses:
Light Industrial Use Matrix
Use Type
Residential Uses
Security or caretakers quarters SE
Commercial Uses
Art studio P
Assisted living facility P
Auto paint and body shop P
Auto service station SE
Broadcast studio P
Building supplies SE
Butcher shop P
Car Wash SE
Catering service P
Communications Panel Antennas SE
Daycare Center P
Dispatching office P
Dog daycare P
Food service establishment P
Food trucks P
Instructional studio P
Kennel, commercial SE
Landscape service P
Laundry service P
Medical or dental office P
Monument sales, retail P
Office, business or professional P
Parking lot or parking garage com-
mercial
P
Printing and copying services P
Repair and maintenance, general P
Repair services, limited P
Residential substance abuse treat-
ment
P
Restaurant, fast food P
Restaurant, take out P
Self-service storage SE
Towing service, no storage P
Veterinary clinic P
Vocational school P
Medical marijuana treatment center P
Agricultural Uses
Agriculture, research and develop-
ment
P
Commercial greenhouse P
§ 45-38 NORTH PALM BEACH CODE
2622Supp. No. 75
Light Industrial Use Matrix
Use Type
Community vegetable garden P
Farmer's market, wholesale P
Nursery, wholesale or retail P
Shade house P
Industrial Uses
Chipping and mulching SE
Data and information processing P
Film production studio P
Machine or welding shop P
Manufacturing and processing, light P
Medical and dental laboratory P
Transportation facility SE
Transportation transfer facility,
distribution
SE
Warehouse P
Wholesaling, general P
Public and Civic Uses
Governmental services P
Place of worship SE
Recreation Uses
Fitness center P
Park, passive P
Key:
P — Permitted by right.
SE — Permitted subject to special exception
approval per Section 45-16.2.
D.Supplemental use regulations for select
permitted or special exception uses.Permitted or
special exception uses in the I-1 district shall be
subject to the following conditions.
1. Assisted living facility: The following shall
apply:
a. Assisted living facilities shall be
approved as a planned unit develop-
ment.
b. Each residential living area contain-
ing one (1) bed shall have a minimum
floor area of one hundred fifty (150)
square feet. An additional one
hundred (100) square feet of floor
area shall be required for each
additional bed provided within the
same residential living area.
c. The maximum number of beds
allowed in an assisted living facility
shall be determined by multiplying
the gross acreage of the site by
forty-seven and twenty-eight-
hundredths (47.28) beds per acre.
2. Auto paint and body shop: All activity,
except detailing and car washing shall be
conducted within an enclosed structure.
Use of outdoor lifts, jacks, paint booths
and similar equipment is prohibited.
3. Building supplies: Limited retail sales of
lumber and similar products to consum-
ers may be conducted only as an acces-
sory use to the primary wholesale use.
4. Butcher shop: The following shall apply:
a.Storage and disposal:Outdoor stor-
age or disposal of waste or byprod-
ucts is not permitted.
b.Slaughtering:Slaughtering, render-
ing and dressing shall be prohibited.
5. Catering Service: The use shall be subject
to the following:
a. Catering shall be allowed as an
accessory use to a restaurant.
b. The use of more than three (3)
delivery vehicles shall require special
exception approval.
6. Car wash: A car wash shall be allowed to
utilize one (1) canopy which may be
located in the rear yard with a minimum
five-foot setback, provided that it is not
adjacent to a residential use.
7. Chipping and mulching:
a.Lot size:A minimum of five (5)
acres.
b.Setback:A minimum of five hundred
(500) feet from any property line
abutting a residential district.
c.Accessory uses:Potting soil
manufacturing may be allowed as
an accessory use to chipping and
mulching.
d.Access:Access shall be restricted to
specific entrances with gates that
§ 45-38APPENDIX C—ZONING
2623Supp. No. 75
can be locked and that carry official
notice that only authorized persons
are allowed on the site.
8. Communications panel antennas: Com-
munications panel antennas may be
allowed subject to Section 45-21.
9. Community vegetable garden:
a.Accessory structures:Accessory
structures shall be limited to 400
square feet.
b.Spraying:Aerial application of fertil-
izer or pesticides is prohibited.
c.Parking:Overnight parking shall
be prohibited.
d.Loading:All loading and unloading
activities shall be restricted to the
site and shall not encroach into any
setbacks.
e.Storage:Outdoor storage is
prohibited. The storage of all acces-
sory equipment or products shall be
contained within an accessory
structure.
10. Daycare center: The use shall be subject
to the following:
a. Day care does not include nighttime
care (after 8:00 p.m.) or overnight
care.
b. Limited day care (6—20 children or
adults) may be permitted as an
accessory use to a place of worship,
vocational school or government
services use.
11. Dispatching office: A dispatching office
shall be limited to no more than three (3)
service or delivery vehicles unless specifi-
cally approved by the Village Council as
part of a Planned Unit Development.
12. Dog daycare:
a.Waste disposal:A dog daycare shall
comply with each of the following
standards:
(1) Palm Beach County
Environmental Control Rule
(ECR) 1 and ECR 2;
(2) All applicable rules and regula-
tions of the Florida Depart-
ment of Environmental
Protection (FDEP);
(3) All applicable rules and regula-
tions of the Palm Beach County
Health Department;
(4) All applicable rules and regula-
tions of the Palm Beach County
Solid Waste Authority.
b.Number of dogs:The number of
dogs permitted shall be based upon
the square footage of the facility
pursuant to Palm Beach County
Animal Control Center limitations
and requirements.
c.Vehicle drop-off spaces:Vehicle drop-
off spaces shall be provided and are
subject to the following standards:
(1) At least three (3) drop-off spaces
shall be provided for each fifty
(50) dogs of approved capacity;
and
(2) Drop-off spaces shall measure
not less than twelve (12) feet
by twenty (20) feet.
d.Outdoor runs/dog exercise areas:If
used, outdoor runs or dog exercise
areas shall be located a minimum of
three hundred (300) feet from a
residential use or zoning district or
shall be fenced utilizing a sound-
absorbing material on any side which
is adjacent to or separated only be
street from any residential use or
zoning district to contain the sound
as required by chapter 19, article VI
of this Code. Such outdoor runs or
dog exercise areas shall be hard
surfaced or grassed and if hard
surfaced, shall have drains provided
every ten (10) feet and be connected
to a central or individual sanitary
facility approved by Seacoast Util-
ity Authority or the Palm Beach
County Health Department. Grassed
outdoor runs and dog exercise areas
shall be maintained by removing
§ 45-38 NORTH PALM BEACH CODE
2624Supp. No. 75
dog waste daily. A minimum six-
foot high fence shall be required
around outdoor runs and dog exercise
areas. In addition, where chain-link
fencing is used, a continuous solid
opaque hedge a minimum of four (4)
feet at installation shall be provided
around the outdoor run area or dog
exercise area. Animals shall not be
left overnight in outdoor runs or dog
exercise areas.
13. Film production studio:
a.Outdoor activities:Outdoor activi-
ties, including filming or staging of
a film, are prohibited unless specifi-
cally authorized by the Village
Council.
b.Film permit:Prior to commence-
ment of any regulated activity
related to the production of a film
within the Village, a film permit
shall be issued by the Director of
the Palm Beach County Film and
Television Commission. The dura-
tion of the permit shall not exceed
twenty-four (24) months without
approval of the Community Develop-
ment Director.
14. Food trucks:
a. Food trucks shall only be permitted
as an accessory use to a primary,
approved use.
b. Food trucks selling items other than
packaged or pre-packaged food items
shall be licensed as mobile food
dispensing vehicles by the Florida
Department of Business and Profes-
sional Regulation, Division of Hotels
and Restaurants and shall comply
with all rules and regulations
promulgated by the Division, includ-
ing, but not limited to, those pertain-
ing to potable water and waste
disposal. Food trucks selling pack-
aged and pre-packaged food items
only shall be licensed by the Florida
Department of Agriculture and
Consumer Services.
15. Kennel, commercial:
a.Limitations of use:A commercial
kennel shall be limited to the train-
ing, boarding and grooming of dogs
and cats.
b.Outdoor runs:Outdoor runs shall
comply with the requirements of
subsection D.12.d.
16. Manufacturing, assembly or processing:
All activities involving the manufactur-
ing, assembly or processing of goods shall
be within completely enclosed buildings
with permanent outside walls.
17. Parking lot or parking garage, com-
mercial:
a.Principal use:Parking spaces may
be rented for daily parking only.
Any other businesses of any kind
shall not be conducted on the lot,
including repair service, display, or
storage of other goods, except mobile
emergency services and detailing.
b.Location:A commercial parking lot
shall not be located on a parcel
adjacent to residential land uses.
c.Storage:Storage of vehicles and trail-
ers shall be permitted if screened
from public view by a permanent
opaque wall or fence.
18. Residential substance abuse treatment.
a. No residential substance abuse treat-
ment establishment may be located
within one thousand (1,000) feet of
any other residential substance
abuse treatment establishment. The
separation distance shall be
measured from the closest property
line of each residential substance
abuse treatment center establish-
ment.
b. The maximum number of beds
allowed in a residential substance
abuse treatment facility shall be
determined by multiplying the gross
§ 45-38APPENDIX C—ZONING
2625Supp. No. 75
acreage of the site by forty-seven
and twenty-eight-hundredths (47.28)
beds per acre.
19. Restaurant, fast food:
a. Fast-food restaurants shall be located
at the intersection of two (2) public
access roads.
b. Drive through facilities, including
queuing and by-pass lanes that run
parallel and are visible from adjacent
streets, shall provide additional
landscaping to mitigate views of the
vehicular use areas.
c. Required parking spaces shall not
be separated from the restaurant
main entrance by a distance of more
than one hundred fifty (150) feet.
d. Cross-access shall be provided to all
abutting parcels that have a non-
residential zoning classification. A
cross-access easement shall be
recorded prior to issuance of a build-
ing permit.
20. Security or caretaker dwelling:
a.Number:One (1) security or
caretaker dwelling shall be permit-
ted as an accessory use on the same
lot as a principal use permitted per
subsection C.
b.Occupancy:A security or caretaker
quarters shall be for the exclusive
use of the site on which it is located
and shall be occupied only by the
custodian, caretaker, or owner of
the principal use and his or her
immediate family.
c.Maximum size:The maximum size
of a security or caretaker dwelling
shall be not more than eight hundred
(800) square feet.
21. Self-service storage, limited access:
a.Exterior service doors:All exterior
service doors must not be visible
from any public street or adjacent
property.
b.Maximum height:Buildings shall
be a maximum of two (2) stories in
height.
c.Blank walls:No blank walls shall
be permitted facing the front yard.
d.Minimum separation:A minimum
of one thousand (1,000) feet separa-
tion shall be required between
limited access storage facilities. The
separation distance shall be
measured from the closest property
line of each self-service storage facil-
ity.
22. Veterinary clinic: Outdoor runs shall
comply with the requirements of subsec-
tion D.12.d.
23. Warehouse:
a.Accessory office:The maximum
amount of office space in each
warehouse bay shall not exceed
thirty (30) percent of the gross floor
area of the associated bay.
b.Sales:General retail sales are
prohibited.
c.Manufacturing:Manufacturing,
assembly or processing activities are
prohibited in a warehouse.
24. Medical marijuana treatment centers:
a.Location requirements:Medical
marijuana treatment center cultivat-
ing or processing facilities may not
be located within five hundred (500)
feet of any real property that
comprises a public or private
elementary school, middle school, or
secondary school. The distance shall
be measured by drawing a straight
line from the nearest property bound-
ary line of the medical marijuana
treatment center to the nearest
property boundary line of the public
or private elementary school, middle
school, or secondary school. The
distance shall not be measured by a
pedestrian route or automobile route.
§ 45-38 NORTH PALM BEACH CODE
2626Supp. No. 75
b.Compliance with laws:Medical
marijuana treatment centers shall,
at all times, comply with the licens-
ing and regulatory requirements of
section 381.986, Florida Statutes,
as amended, and all other applicable
statutes and state administrative
rules, including the Florida Build-
ing Code, the Florida Fire Preven-
tion Code, and any local amendments
thereto.
c.License or permit fees:Medical
marijuana treatment centers shall
be charged all license or permit fees
in an amount equal to the license or
permit fees charged to pharmacies.
Any person or entity applying for or
renewing a business tax receipt for
a medical marijuana treatment
center within the village shall exhibit
an active state license, or proof of
same, before such business tax
receipt may be issued.
E.Deliveries adjacent to residential land uses.
Any establishment that receives deliveries and
is located adjacent to residential land uses shall
be subject to the following restrictions:
1. Deliveries shall be limited to the hours of
6:00 a.m. to 5:00 p.m. only, Monday
through Saturday, and are prohibited on
Sunday.
2. Delivery truck engines, including
refrigeration units, shall not be operated
between the hours of 5:00 p.m. and 6:00
a.m.
F.Wellfield protection.All permitted and acces-
sory uses within the I-1 light industrial district
shall be subject to the provisions of Article 14.B
Wellfield Protection of the Palm Beach County
Unified Land Development Code, as amended.
G.Building site area regulations.In the I-1
district, each lot or parcel of land shall comply
with the following standards:
1.Minimum site area:One (1) acre.
2.Minimum lot width:One hundred (100)
feet.
3.Minimum Lot Depth:Two hundred (200)
feet.
4.Minimum front setback:Forty (40) feet.
5.Minimum Rear Setback:Twenty (20) feet.
6.Side Interior Setback:Fifteen (15) feet.
7.Side Corner Setback:Twenty-five (25)
feet.
8.Building height:Thirty-five (35) feet.
9.Maximum lot coverage:Forty-five (45)
percent.
10.Maximum floor-area-ratio:Forty-five-
hundredths (0.45).
H.Property perimeter requirements.The fol-
lowing general requirements for the treatment
of property perimeters shall apply to the I-1 light
industrial district:
A
When the following
B
adjoins the following
C
a minimum landscape
buffer of this width is
required
D
which will contain this
material to achieve
capacity required
1. I-1 light industrial
district
Residential district or
use
15 feet, adjacent to all
common boundaries
excluding street front-
age where a 10-foot
buffer is required
1 tree, 12 to 14 feet in
height, every 25 linear
feet, plus a continuous
4-foot hedge, a 6-foot
visually opaque wall,
fence or earth berm
§ 45-38APPENDIX C—ZONING
2627Supp. No. 75
A
When the following
B
adjoins the following
C
a minimum landscape
buffer of this width is
required
D
which will contain this
material to achieve
capacity required
2. I-1 light industrial
district
Industrial district or
use
5 feet, adjacent to all
common boundaries
excluding street front-
age where a 10-foot
buffer is required
(same as above) except
2-foot to 3-foot hedge
with no wall
3. I-1 light industrial
district
Commercial district or
use
5 feet, adjacent to all
common boundaries
excluding street front-
age where a 10-foot
buffer is required
(same as above) except
2-foot to 3-foot hedge
with no wall
4. I-1 light industrial
district
Public or Conserva-
tion and Open Space
district or use
15 feet, adjacent to all
common boundaries,
excluding street front-
age where a 10-foot
buffer is required
1 tree, 12 to 14 feet in
height, every 25 lineal
feet, plus a continuous
2-foot to 3-foot hedge
1. Abutting I-1 properties. When two (2)
parcels within an I-1 light industrial
zoning district abut side and/or rear
setbacks, the required landscape mate-
rial in the abutting side or rear setback
of the perimeter buffer may be relocated
to the interior landscape area or other
perimeter buffers of the subject property.
The relocation of the required landscape
material must be approved by the Plan-
ning Commission.
2. Waiver of perimeter requirements.
Property perimeter requirements for
properties in the I-1 District may be
reduced or waived by the Village Council,
on a case by case basis during the Planned
Unit Development (PUD) approval
process. The reduction or deletion of the
landscape design standards shall be
permitted only when such action shall
further the purpose and intent of the I-1
District and where one (1) or more of the
following circumstances exists:
a. Proximity to railroad tracks;
b. Non-conforming lot status;
c. Proximity to public land containing
a significant buffer;
d. Proximity to a public right-of-way
containing an extensive landscape
buffer or screening wall.
I.Landscape buffer standards for Congress
Avenue.Each I-1 District parcel of land adjacent
to the ultimate right-of-way of Congress Avenue
shall provide a landscape buffer running parallel
with the right-of-way. The landscape buffer shall
comply with the following standards:
1.Minimum width.The landscape buffer
shall have a minimum width of twenty-
five (25) feet, as measured from the
ultimate right-of-way line, as determined
by Palm Beach County.
2.Restrictions.Buildings or structures shall
not be erected or reconstructed within
this buffer, except for permitted signs,
lighting or required public utilities.
3.Required planting palette for installed
vegetation.As a minimum, eighty (80)
percent of the total installed and/or
preserved landscape material shall be
selected from native plant species
consistent with the requirements of Sec-
tion 27-62(a).
4.Tree and shrub planting requirements.
a. Required tree heights. At the time
of installation all tree material shall
§ 45-38 NORTH PALM BEACH CODE
2628Supp. No. 75
be of heights varying from six (6)
feet to fifteen (15) overall feet or
higher. The minimum following
height requirements shall apply:
Congress Avenue Buffer:
Tree Height Requirements
Minimum tree
planting height
Minimum percentage
of total quantity
to be installed
6—8 feet 5%
8—12 feet 50%
12—14 feet 15%
15 feet or greater 10%
b. Minimum number of trees. The
minimum number of trees and
shrubs required in the buffer is as
follows:
Congress Avenue Buffer:
Number of Trees and Shrubs Required
Use of abutting
right-of-way
Trees per
linear feet
of roadway
frontage*
Shrubs per
linear feet
of roadway
frontage*
Nonresidential 1 per 20 lineal
feet.
1 per 4 lineal
feet.
* Pedestrian and vehicular access
points may be excluded from
the above linear buffer require-
ments when the access points
are approved by the Village.
c. Shrub planting requirements. Shrub
planting requirements. At time of
installation all shrub material shall
be thirty-six (36) inches in height
with a minimum container size of
three (3) gallons for all nursery
materials. Tree spade and
transplanted material from on-site
shall be a minimum thirty-six (36)
inches in height at time of planting.
5.Preserved plant materials.Existing on-
site native vegetation shall be preserved
where possible within the required buffer
widths. Existing native trees and shrubs
that are preserved or relocated within
the buffer areas will be credited towards
satisfying the minimum required instal-
lation of landscaping.
6.Lakes.Lakes may be provided within the
required buffer areas provided the
minimum buffer width specified is
provided. Buffer area plant materials
displaced by a lake shall be included
within other required buffer areas.
J.Off-street parking and loading regulations.
1.Prohibitions:
a. The storage or display of
merchandise, motor vehicles for sale,
or the repair of vehicles in designated
parking areas or on sidewalks is
prohibited.
b. Parking shall not be permitted in
the first ten (10) feet of the required
front yard depth, measured from
the street right-of-way line.
2.Parking spaces required.For each of the
uses permitted in subsection C., the Com-
munity Development Director or his or
her designee shall determine, prior to the
submittal of a site plan application, which
of the following general categories of
parking spaces requirements shall apply
to a specific development concept:
Parking Spaces
Required General Use Category
One space for each
100 square feet of
floor area
Data and Information
Processing
One space for each
200 square feet of
floor area
Auto Paint and Body
Shop, Building Sup-
plies, Catering Service,
Laundry Service, Medi-
cal or Dental Office,
Office, Business or
Professional, Parking
Lot or Parking Garage
Commercial, Machine
or Welding Shop, Medi-
cal or Dental Labora-
tory, Fitness Center
§ 45-38APPENDIX C—ZONING
2629Supp. No. 75
Parking Spaces
Required General Use Category
One space for each
250 square feet of
floor area
Auto Service Station,
Dispatching Office,
Printing and Copying
Services, Repair and
Maintenance General,
Repair Services
Limited,
One space for each
500 square feet of
floor area
Towing Service No Stor-
age
One space for each
1,000 square feet of
floor area
Broadcast Studio,
Butcher Shop
Wholesale, Agriculture
Research and Develop-
ment, Wholesaling
General
One space per dwell-
ing unit
Security or Caretakers
Quarters
One space for each
200 square feet of
office, retail or indoor
seating floor area
Car Wash Including
Hand Washing and
Waxing, Striping, and
Interior Cleaning
One space for each
200 square feet of
floor area, excluding
animal exercise area
Veterinary Clinic
One space for each
200 square feet of
floor area, including
outdoor display area
Farmer's Market
Wholesale
One space for each
200 square feet of
floor area — Office
space only
Transportation Facil-
ity
One space for each
200 square feet of
floor area — Office
space only + one space
per employee
Transportation
Transfer Facility —
Distribution
One space for each
200 square feet of
grooming or office
floor area + one space
per employee on shift
of greatest employ-
ment
Kennel Commercial
Parking Spaces
Required General Use Category
One space for each
500 square feet of
floor area + One space
per 2,500 square feet
of outdoor storage
area
Landscape Service,
Monument Sales Retail
One space for each
500 square feet of
floor area or one space
per each three seats,
whichever is greater
Government Services,
Place of Worship
One space for each
500 square feet of
indoor covered retail
and/or office floor area
+ one space per each
four acres of nursery
Nursery Wholesale or
Retail
One space for each
1,000 square feet of
floor area + one space
per each 200 square
feet of office space
Warehouse
Two spaces for each
1,000 square feet for
the first 10,000 square
feet of floor area + one
space per each 1,000
square feet in excess
of 10,000 sq. ft. of
floor area
Film Production Studio,
Manufacturing and
Processing — Light
Three spaces per each
fifty dogs + one space
per each 500 square
feet of cage and retail
floor area
Dog Day Care
One space per each
200 bays + minimum
of five customer
spaces
Self-service Storage
One per classroom +
one per each four
students + one space
per each 200 square
feet of administrative
and assembly floor
area
Vocational School
§ 45-38 NORTH PALM BEACH CODE
2630Supp. No. 75
Parking Spaces
Required General Use Category
One space per acre of
greenhouse area
Commercial
Greenhouse
Four spaces per
garden
Community Vegetable
Garden
Two spaces per acre;
minimum of five
spaces
Chipping and Mulch-
ing
Two spaces for the
first acre of park area
+space per each
additional two acres of
park area
Park Passive
One parking space per
four patient beds plus
one space per
employee on shift of
greatest employment.
Residential Substance
Abuse Treatment
One parking space for
each residential living
area or two beds
whichever is greater,
plus one parking space
for each 300 square
feet of administrative
and service area
within the building
(kitchen, service halls,
chapel, dining room,
lounge, visiting areas
and treatment rooms).
Assisted Living Facili-
ties
3.Off-street loading.The following provi-
sions shall regulate off-street loading
facilities in the I-1 District for those
permitted uses requiring such facilities.
A determination of the need for off-street
loading spaces shall be made by the
Planning Commission based upon an
applicant's statement of use describing
the nature of the proposed establishment
to be submitted with a site plan approval
application.
a. Required number and size of off-
street loading facilities. Each use
determined to require off-street load-
ing spaces shall comply with the
requirements indicated below:
Gross Floor Area
Loading Spaces
Required
0 to 1,000 square feet None
1,001 to 19,999 square
feet
One space at 12 feet ×
30 feet
20,000 to 49,999
square feet
One space at 12 feet ×
55 feet
50,000 to 99,999
square feet
Two spaces at 12 feet ×
55 feet
100,000 square feet or
greater
Three spaces at 12 feet
× 55 feet
b. Location. Loading spaces shall be
located such that vehicles engaged
in loading and unloading activities
will not encroach upon, or interfere
with, the public use of streets or
alleys.
c. Marking and use of loading spaces.
Required loading spaces shall be
clearly marked, and shall not be
utilized as storage for garbage or
trash containers or any other items.
d. Minimum clear height. All loading
spaces shall have a minimum clear
height of thirteen and one-half (13
1/2)
feet.
4.Vehicle use area requirements.
a. In keeping with the purpose and
intent of this chapter, the following
general requirements for vehicle use
areas shall apply to the I-1 District:
§ 45-38APPENDIX C—ZONING
2631Supp. No. 75
A
When the following
B
adjoins the following
C
a minimum landscape
buffer of this width is
required
D
which will contain this
material to achieve
capacity is required
1. I-1 Light Industrial
district
any vehicular use
areas on any adjacent
property
5 feet, adjacent to all
non-residential
common boundaries
with 10 feet adjacent
to street frontage. 10
feet, adjacent to all
residential common
boundaries with 10 feet
adjacent to street front-
age.
1 tree per 25 feet (12-
foot to 14-foot height)
of linear boundary or
fraction thereof plus a
2-foot to 3-foot hedge
2. Any vehicular use area
in an I-1 Light
Industrial district
Any public or private
street
10 feet, adjacent to
road frontage (corner
lots shall only provide
10 feet adjacent to
primary roadway,
secondary roadway
may utilize 5 feet
(same as above)
b. Vehicle use area requirements may
be reduced or waived by the Village
Council through the Planned Unit
Development (PUD) process, on a
case by case basis. The reduction or
deletion of the landscape design
standards shall be permitted only
when such action shall further the
purpose and intent of the I-1 District
and where one (1) or more of the
following circumstances exists:
(1) Proximity to railroad tracks;
(2) Non-conforming lot status;
(3) Proximity to public land
containing a significant buffer;
(4) Proximity to a public right-of-
way containing an extensive
landscape buffer or screening
wall.
K.Artificial lighting.Artificial lighting used
to illuminate the premises in the I-1 District
shall be directed away from adjacent residential
properties.
L.Access.Prior to issuance of a building
permit, the I-1 District parcel shall have access
to either a dedicated public road or street, or to a
private road or street developed to Village
standards.
M.Fences, walls and hedges.Fences and walls
enclosing any permitted use shall comply with
the following regarding site visibility:
1. Within the area formed by the rights-of-
way lines of intersecting streets, a straight
line connecting points on such rights-of-
way lines at a distance of twenty-five (25)
feet in length along such rights-of-way
lines, such connecting lines extending
beyond the points to the edge of the
pavement, there shall be a clear space
with no obstruction to vision. Fences,
walls, hedges and vision obstructing plant-
ings shall be restricted to a height of two
and one-half (2
1/2) feet or less above the
average grade of each street as measured
at the centerlines thereof.
2. No fence, wall or hedge in the I-1 light
industrial district shall exceed a height
of eight (8) feet.
§ 45-38 NORTH PALM BEACH CODE
2632Supp. No. 75
N.Outdoor storage.Outdoor storage and
display may be permitted in the I-1 District
where such use is customarily incidental to the
principal use. Such outdoor display and sale of
merchandise shall be limited to the operation of
the principal business located at the premises in
question and conducted by employees of said
principal business. There shall be no outdoor
display and sale of merchandise by any person
operating or conducting a business which is
different or distinct from the principal business
conducted at such location.
a. Outdoor storage may be permitted
adjacent to a structure provided it is
located in an area other than a parking
area or yard setback area and screened
from a street or abutting residentially
zoned property by a masonry wall,
ornamental fence or dense hedge plant-
ing no less than six (6) inches higher
than the materials stored. Screening
density must be such that items within
the screened area will not be visible
through such screening. When the outside
storage is abutting a residential district,
the height of the stored materials shall
not exceed seven and one-half (7
1/2) feet
from the grade level.
b. Side and rear yard screening will not be
required when the abutting property is
also within the I-1 District.
c. Loose materials such as sand, lumber,
cardboard boxes and the like, which are
subject to being scattered or blown about
the premises by normal weather condi-
tions shall not be allowed. Mulch, soil,
and aggregate products which are ancil-
lary to a nursery may be stored outside
provided that a materials management
program is approved by the Village.
O.Screening.All mechanical, electrical, water
meters, exhaust vents, etc., located at ground or
roof-mounted shall be entirely screened from
public view utilizing opaque materials (i.e., wood
fencing, brick, block, etc.) as screening. Landscap-
ing material shall be incorporated in addition to
opaque screening on equipment located at ground
level. Screening material shall accommodate
maintenance or inspection thereof with the use
of appropriate panels, and/or hinged gates.
P.Signs.All signs, permanent and temporary,
shall be located a minimum of ten (10) feet from
the ultimate rights-of-way line of the adjacent
street or road, as defined by the Village or Palm
Beach County, as appropriate.
1. Permit required. All signs shall require
the issuance of a building permit prior to
erection and in accordance with the
procedures established by the Village for
the issuance of building permits.
2. All building permit applications for sig-
nage in the I-1 District shall comply with
Article V, Signs and Outdoor Displays of
the Village Code.
3. Where distinctions among uses are made
in Article V, uses in the I-1 District shall
be considered to be commercial uses.
Q.Northlake Boulevard Overlay Zone.Any
property located within the Northlake Boulevard
Overlay Zone and assigned an I-1 light industrial
zoning designation shall comply with Section
45-35.3.
(Ord. No. 2015-11, § 4, 6-25-15; Ord. No. 2017-
21, § 3, 12-14-17; Ord. No. 2020-06, § 25, 9-24-
20)
Sec. 45-39. Medical marijuana treatment
center dispensing facilities.
Medical marijuana treatment center dispens-
ing facilities shall be prohibited within the
corporate limits of the village.
(Ord. No. 2017-21, § 3, 12-14-17)
ARTICLES IV, V. RESERVED*
Secs. 45-40—45-48. Reserved.
*Editor’s note—Ordinance No. 6-77, § 6, adopted April
28, 1977, repealed Art. IV, §§ 45-40—45-43, and Art. V,
§§ 45-44—45-48, of App. C, which articles pertained to the
zoning board of adjustment and the planning and zoning
advisory board, both of which articles derived unchanged
from the original zoning ordinance. For provisions concern-
ing the planning commission and the board of adjustment,
see Ch. 21, Arts. II and III.
§ 45-48APPENDIX C—ZONING
2633Supp. No. 75
ARTICLE VI. REZONINGS; VARIANCES;
WAIVERS*
Sec. 45-49. Applications for rezoning, etc.
(1) All applications for rezoning shall be done
by application to the village. The application
may be initiated by property owners to rezone
their own property or by the village manager.
Any such application, except by the village
manager, must be accompanied by the filing fee
established in the master fee schedule adopted
annually as part of the village budget together
with a deposit of the estimated cost of the village
processing the application. Upon the village
determining the actual costs, applicants shall
pay the balance, if any, in full of such costs
including advertising prior to final consideration
of the application. If the deposit exceeds actual
costs, the balance shall be refunded to applicant.
(2) All applications concerning rezoning shall
be upon forms to be supplied by the community
development department.
(3) Whenever, after review, investigation and
hearing, any application for a change of district
classification has been denied, an application for
a like change cannot be reinstated for a period of
at least one (1) year after said denial.
(4) Public notice of all hearings shall be
provided as required by section 21-3 of the
village Code.
(Ord. No. 2020-06, § 26, 9-24-20)
Editor’s note—A copy of the forms to be used are
attached to Ord. No. 185-68 as exhibit 1, from which
ordinance section 45-49 was derived.
Sec. 45-50. Variances.
(1) All applications for variances to regula-
tions or restrictions established by this ordinance
shall be initiated by application to the village.
The application may be made by any property
owner or tenant or by a governmental office,
department, board or bureau and filed with the
community development department of the vil-
lage. Any such application, except by a
governmental agency, must be accompanied by
the filing fee established in the master fee
schedule adopted annually as part of the village
budget.
(2) All applications concerning variances shall
be upon forms to be supplied by the community
development department.
(3) Criteria for decisions on variance applica-
tions are provided in section 21-21 of the village
code.
(4) Public notice of all hearings shall be
provided as required by section 21-3 of the
village Code.
(Ord. No. 2020-06, § 26, 9-24-20)
Sec. 45-51. Waivers.
(1) In the C-MU and C-NB zoning districts,
waivers may be requested from certain regula-
tions in this Code. An applicant requesting a
waiver shall demonstrate that the waiver provides
a public benefit, including, by way of example,
high-quality architectural design, pedestrian
amenities, not cost dedication of rights-of-way,
construction of public parking, public art or
other improvements adjacent to the property,
preservation of environmentally-sensitive lands,
provision of public parks and/or open spaces, or
mixed uses which reduce impacts on village
services.
(2) An application for such waiver may be
made by any property owner or tenant or by a
governmental office, department, board or bureau.
Such applications shall be filed with the com-
munity development director of the village, using
forms supplied by the director, who shall transmit
the same, together with all the plans, specifica-
tions, application materials, and other papers
pertaining to the application, to the planning
commission. The applicant shall identify each
waiver request in writing as part of the applica-
tion, fully explaining the nature of the request,
*Editor’s note—Ord. No. 2020-06, § 26, adopted
September 24, 2020, in effect, repealed art. VI, §§ 45-49 and
45-50 and enacted a new art. VI as set out herein. Former
art. VI pertained to amendments—fees, waiting periods and
derived from Ord. No. 6-77, § 4, adopted April 28, 1977; Ord.
No. 15-78, § 1, adopted June 8, 1978; Ord. No. 06-2001, §§ 7,
8, adopted March 22, 2001; Ord. No. 2009-16, § 7, adopted
November 12, 2009; and Ord. No. 2014-09, § 15, adopted
September 25, 2014.
§ 45-49 NORTH PALM BEACH CODE
2634Supp. No. 75
the extent to which it departs from a standard
zoning regulation, and the basis for which it is
sought.
(3) The planning commission will hold a public
hearing in conjunction with the site plan and
appearance review hearing for the subject property
(see sections 6-30—6-60). When evaluating waiver
requests, the planning commission will consider
the following factors and any additional criteria
set forth in the relevant zoning district:
a. The extent to which the alternate standard
proposed by the applicant differs from
the code's standard that would be waived;
b. Whether the granting of the waiver will
lead to innovative design in which other
minimum standards are exceeded;
c. Whether the request clearly demonstrates
the public benefits to be derived;
d. Whether the request furthers the goals
of the village master plan, and exempli-
fies the architectural, building, and site
design techniques desired within the Vil-
lage's Appearance Plan;
e. Whether the requested waiver can be
granted in the zoning district;
f. Any unusual circumstances regarding
the property or immediate area, includ-
ing the location of power lines, specimen
trees, or shade trees;
g. The effect of approving or denying the
waiver on the development project and
on the surrounding area;
h. Consistency with the comprehensive plan;
i. Recommendations of village staff;
j. Testimony from the applicant; and
h. Testimony from the public.
(4) At the end of the public hearing, the
planning commission will make a decision on
each requested waiver. Approval is contingent
on the planning commission making these find-
ings and any additional findings set forth in the
relevant zoning district:
a. The alternate standard proposed by the
applicant is acceptable for the specific
site and building;
b. The proposed waiver does not detract
from the design principles supporting
these zoning districts and the broader
intent of this Code;
c. The proposed waiver will not be injurious
to surrounding properties or nearby
neighborhoods; and
d. The proposed waiver is not inconsistent
with the Comprehensive Plan.
(5) The planning commission's action on waiv-
ers will be considered a recommendation to the
village council instead of a decision if a special
exception was requested along with one (1) or
more waivers, or if a waiver was requested for an
extra story pursuant to 45-31.E.4, or if the
concurrent site plan and appearance decision is
appealed in accordance with section 6-35. The
village council will make a decision on such
waivers at the same time that a decision is made
on all other aspects of the application.
(6) The applicant or any interested party may
file an appeal to the village council on any
decision on waivers. Such an appeal will also
function as an appeal of the site plan and
appearance application. The appeal shall be
filed or made within ten (10) days after decision
of the planning commission on forms provided by
the village. Appeals shall set forth the alleged
inconsistency or nonconformity with procedures,
criteria, or standards set forth in this Code. The
village council shall decide an appeal within
thirty (30) days of the filing of such appeal
unless an extension of time is consented to by the
applicant, and such filing shall suspend any
building permit issued pursuant to the ruling of
the planning commission until the village council
has decided the appeal. The village council may
review any decision of the planning commission
and their disposition of the matter shall be final.
§ 45-51APPENDIX C—ZONING
2635Supp. No. 75
(7) Public notice of all waiver hearings shall
be provided as required by section 21-3 of this
Code.
(Ord. No. 2020-06, § 26, 9-24-20)
Secs. 45-52—45-59. Reserved.
ARTICLE VII. NONCONFORMING USES
OF LAND AND STRUCTURES
Sec. 45-60. Intent.
(1) Within the districts established by this
ordinance, or amendments that may later be
adopted, there exist lots, structures, uses of land
and structures and characteristics of use which
were lawful before this ordinance was passed or
amended, but which would be prohibited,
regulated, or restricted under the terms of this
ordinance or future amendments.
(2) Except as explicitly provided in this article,
it is the intent of this ordinance to permit these
nonconformities to continue until they are
removed, but not to encourage their continua-
tion. Such nonconformities are declared by this
ordinance to be incompatible with the district
involved. It is further the intent of this ordinance
that nonconformities shall not be enlarged upon,
expanded or extended, nor be used as grounds
for adding other structures or uses prohibited
elsewhere in the same district.
(Ord. No. 12-75, § 1, 9-11-75; Ord. No. 2020-06,
§ 27, 9-24-20)
Sec. 45-61. Extension and enlargement of
nonconforming uses.
(1) A nonconforming use of a structure, a
nonconforming use of land, or a nonconforming
use of structure and land shall not be extended
or enlarged after passage of this ordinance by
attachment on a building or premises of additional
signs intended to be seen from off the premises,
or by the addition of other uses of a nature which
would be prohibited generally in the district
involved. If an existing use was legally permit-
ted on its site prior to changes in the C-MU or
C-NB zoning districts in 2020 but is not listed as
a permitted use in the new district, that existing
use will continue to be deemed a permitted use
and will not be subject to the restrictions in this
paragraph.
(2) To avoid undue hardship, nothing in this
ordinance shall be deemed to require a change in
the plans, construction, or designated use of any
building on which actual construction was law-
fully begun prior to the effective date of adoption
or amendment of this ordinance and upon which
actual building construction has been diligently
carried on. Actual construction is hereby defined
to include the placing of construction materials
in permanent position and fastened in a
permanent manner. Except that where demoli-
tion or removal of an existing building has been
substantially begun preparatory to rebuilding,
such demolition or removal shall be deemed to be
actual construction, provided that work shall be
diligently carried on until completion of the
building involved.
(Ord. No. 12-75, § 1, 9-11-75; Ord. No. 2020-06,
§ 27, 9-24-20)
Sec. 45-62. Nonconforming lots of record.
(1) In any district in which single-family dwell-
ings are permitted, notwithstanding limitations
imposed by other provisions of this ordinance, a
single-family dwelling and customary accessory
buildings may be erected on any single lot of
record at the effective date of adoption or amend-
ment of this ordinance. Such lot must be in
separate ownership and not of continuous front-
age with other lots in the same ownership. This
provision shall apply even though such lot fails
to meet the requirements for area or width, or
both, that are generally applicable in the district,
provided that yard dimensions and other require-
ments not involving area or width, or both, of the
lot shall conform to the regulations for the
district in which such lot is located. Variance of
area, width, or yard requirements shall be
obtained only through action of the board of
adjustment.
(2) If two (2) or more lots or combinations of
lots and portions of lots with continuous frontage
in single ownership are of record at the time of
passage or amendment of this ordinance, and if
all or part of the lots do not meet the require-
§ 45-51 NORTH PALM BEACH CODE
2636Supp. No. 75
ments for lot width and area as established by
this ordinance, the lands involved shall be
considered to be an undivided parcel for the
purposes of this ordinance, and no portion of said
parcel shall be used or sold which does not meet
lot width and area requirements established by
this ordinance, nor shall any division of the
parcel be made which leaves remaining any lot
with width or area below the requirements in
this ordinance.
(Ord. No. 12-75, § 1, 9-11-75; Ord. No. 2020-06,
§ 27, 9-24-20)
Sec. 45-63. Nonconforming uses of land.
Where, at the effective date of adoption or
amendment of this ordinance, lawful use of land
exists that is made no longer permissible under
the terms of this ordinance as enacted or amended,
and where such use involves no individual
structure with a replacement cost exceeding one
thousand dollars ($1,000.00), such use may be
continued, so long as it remains otherwise lawful,
subject to the following provisions:
(1) No such nonconforming use shall be
enlarged or increased, nor extended to
occupy a greater area of land than was
occupied at the effective date of adoption
or amendment of this ordinance; unless
such use is changed to a use permitted in
the district in which such use is located;
(2) No such nonconforming use shall be moved
in whole or in part to any other portion of
the lot or parcel occupied by such use at
the effective date of adoption or amend-
ment of this ordinance;
(3) If any such nonconforming use of land
ceases for any reason for a period of more
than ninety (90) consecutive days, any
subsequent use of such land shall conform
to the regulations specified by this
ordinance for the district in which such
land is located;
(4) No additional structure which does not
conform to the requirements of this
ordinance shall be erected in connection
with such nonconforming use of land.
(Ord. No. 12-75, § 1, 9-11-75)
Sec. 45-64. Nonconforming structures.
Where a lawful structure exists at the effec-
tive date of adoption or amendment of this
ordinance that could not be built under the
terms of this ordinance by reason of restrictions
on area, lot coverage, height, yards or other
characteristics of the structure or its location on
the lot, such structure may be continued so long
as it remains otherwise lawful subject to the
following provisions:
(1) No such structure may be enlarged or
altered in a way which increases its
nonconformity, but any structure or por-
tion thereof may be altered to decrease
its nonconformity;
(2) Should such structure be destroyed by
any means to an extent of more than fifty
(50) percent of its replacement cost at
time of destruction, as determined by the
village engineer or village building official,
it shall not be reconstructed except in
conformity with the provisions of this
ordinance;
(3) Should such structure be moved for any
reason for any distance whatever, it shall
thereafter conform to the regulations of
the district in which it is located after it
is moved;
(4) However, if an existing structure was
legally permitted on its site prior to
changes in the C-MU or C-NB zoning
districts in 2020 but could not be built
under the standards in the new district,
that existing structure will continue to
be deemed a lawful structure and will
not be subject to the restrictions in
paragraphs (1) and (2). Such structure
may be expanded laterally and/or verti-
cally without complying with all new
requirements for building frontages,
build-to zones, and parking lot setbacks,
provided the expansion brings the
structure considerably closer to the 2020
requirements than the existing structure.
(Ord. No. 12-75, § 1, 9-11-75; Ord. No. 2020-06,
§ 27, 9-24-20)
§ 45-64APPENDIX C—ZONING
2637Supp. No. 75
Sec. 45-65. Nonconforming uses of
structures or of structures and
premises in combination.
(1) If a lawful use involving individual
structures with a replacement cost of one thousand
dollars ($1,000.00) or more, or of structure and
premises in combination, exists at the effective
date of adoption or amendment of this ordinance,
that would not be allowed in the district under
the terms of this ordinance, the lawful use may
be continued so long as it remains otherwise
lawful, subject to the following provisions:
(a) No existing structure devoted to a use
not permitted by this ordinance in the
district in which it is located shall be
enlarged, extended, constructed,
reconstructed, moved or structurally
altered except in changing the use of the
structure to a use permitted in the district
in which it is located;
(b) Any nonconforming use may be extended
throughout any parts of a building which
were manifestly arranged or designed for
such use at the time of adoption or
amendment of this ordinance, but no
such use shall be extended to occupy any
land outside such building;
(c) Any structure, or structure and land in
combination, in or on which a nonconform-
ing use is superseded by a permitted use,
shall thereafter conform to the regula-
tions for the district in which such
structure is located, and the nonconform-
ing use may not thereafter be resumed;
(d) When a nonconforming use of a structure,
or structure and premises in combina-
tion, is discontinued or abandoned for six
(6) consecutive months or for eighteen
(18) months during any three-year period
(except when government action impedes
access to the premises), the structure, or
structure and premises in combination,
shall not thereafter be used except in
conformance with the regulations of the
district in which it is located;
(e) Where nonconforming use status applies
to a structure and premises in combina-
tion, removal or destruction of the
structure shall eliminate the nonconform-
ing status of the land. Destruction for
the purpose of this subsection is defined
as damage to an extent of more than fifty
(50) percent of the replacement cost at
time of destruction.
(2) If an existing use of a structure was
legally permitted on its site prior to changes in
the C-MU, C-3, or C-NB zoning districts in 2020
but is not listed as a permitted use in the new
district, that existing use will continue to be
deemed a permitted use and will not be subject
to the restrictions in section 45-65(1)(a)-(c) and
45-65(1)e. Notwithstanding the foregoing, these
uses will not be allowed to continue if discontinued
or abandoned as defined by 45-65(1)(d).
(3) Nonconformities not involving the use of a
principal structure, e.g., open storage, building
supplies, vehicle, mobile home, implement and
machinery storage, signs, billboards, junkyards,
commercial animal yards and the like, shall be
discontinued within two (2) years of the effective
date of this ordinance or amendment.
(Ord. No. 12-75, § 1, 9-11-75; Ord. No. 2020-06,
§ 27, 9-24-20)
Sec. 45-66. Repairs and maintenance.
(1) On any building devoted in whole or in
part to any nonconforming use, work may be
done in any period of twelve (12) consecutive
months on ordinary repairs, or on repair or
replacement of nonbearing walls, fixtures, wiring
or plumbing, to an extent not exceeding ten (10)
percent of the current replacement value of the
building, provided that the cubic content of the
building as it existed at the time of passage or
amendment of this ordinance shall not be
increased.
(2) Nothing in this ordinance shall be deemed
to prevent the strengthening or restoring to a
safe condition of any building or part thereof
declared to be unsafe by any official charged
with protecting the public safety, upon order of
such official.
(Ord. No. 12-75, § 1, 9-11-75)
§ 45-65 NORTH PALM BEACH CODE
2638Supp. No. 75
Sec. 45-67. Temporary uses.
The casual, intermittent, temporary or illegal
use of land or structures shall not be sufficient to
establish the existence of a nonconforming use.
Such use shall not be validated by the adoption
of this ordinance unless it complies with the
terms of this ordinance.
(Ord. No. 12-75, § 1, 9-11-75)
Sec. 45-68. Reserved.
(Ord. No. 12-75, § 1, 9-11-75)
Secs. 45-69—45-80. Reserved.
ARTICLE VIII. LANDSCAPING
Sec. 45-81. Intent.
A.Purpose and intent.The provisions of this
section are intended to ensure that properties
within the village meet minimum landscaping
standards in order to:
1. Improve and sustain the aesthetic appear-
ance of the village through creative
landscaping which helps to harmonize
and enhance the natural and built
environment.
2. Promote water conservation by encourag-
ing Florida-friendly landscape principles
and utilization of water conserving irriga-
tion practices.
3. Provide a visual buffer between otherwise
incompatible types of land uses and
adjacent rights-of-ways.
4. Encourage innovative and cost-effective
approaches to the design, installation,
and maintenance of landscaping.
B.Landscape principles.The village promotes
Florida-friendly landscaping as defined in F.S.
§ 373.185 and requires that installed landscapes
be designed and maintained with full
consideration of the following principles:
1. Specify the right plant in the right place
by selecting pest-resistant plants that
match the sites soil, light, water, and
climate conditions, with an aim for a
diversity of trees, shrubs, groundcover,
and flowers.
2. Design for more efficient irrigation by
grouping plants with similar watering
needs together and zoning the irrigation
system accordingly.
3. Select sustainably harvested mulch for
landscape beds and around tree trunks.
4. Use proper maintenance practices, includ-
ing fertilizing appropriately to prevent
pollution and maximize plant health and
spot-treatingpestswithselectivespectrum
pesticides.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
Sec. 45-82. Administration.
A.Applicability.The provisions of this article
shall apply to all existing and future develop-
ment within the village as follows:
1.New development.All new development.
2.Existing development.All existing
multifamily, mixed-use, commercial, and
industrial development shall conform with
the provisions of the article if requesting
any of the following types of changes to
existing development or to a previously
approved development plan:
a. Increase in the total square footage
of any building by more than twenty
(20) percent;
b. Increase in the number of structures;
or
c. Increase in the building height of
any building.
3.Existing development along Northlake
Boulevard.See section 45-83.
4.Exceptions.This article does not apply to
the construction, renovation, or replace-
ment of single-family or two-family dwell-
ings.
B.Exemptions.All licensed plant or tree
nurseries or tree farms shall be exempt from the
terms and provisions of this article, but only
with respect to those trees planted and growing
§ 45-82APPENDIX C—ZONING
2639Supp. No. 75
which are for sale to the general public in the
ordinary course of the business. The landscaping
required for buildings and parking lots shall be
provided.
C.Modifications.The Community Develop-
ment Director may modify a locational require-
ment for required landscaping if necessary due
to site constraints that were discovered after site
plan and appearance approval or PUD approval;
however, the amount of landscaping that is
required may not be reduced.
D.Compliance.Failure to install, maintain,
or preserve landscaping required in accordance
with the terms of this article shall constitute a
violation of this article.
1.Failure to comply.If the property fails to
meet the requirements of this article, or
if the existing trees, shrubbery, grass, or
groundcover are permitted to die, and
such materials are not replaced within
thirty (30) days of the event, the code
enforcement officer shall notify, in writ-
ing, the person responsible for the
maintenance or replacement of such
property of the need to comply with the
requirements of this section within thirty
(30) days from the date of delivery of the
notice.
2.Extensions.The thirty (30) day rule for
compliance may be extended when neces-
sary by the village to recover from acts of
nature such as a hurricane or a drought.
3.Temporary exemptions.Temporary exemp-
tions from compliance of this section may
be granted as per the village, if the
violation is a direct result of a natural
disaster occurrence or drought.
4.Relocation or replacement for redevelop-
ment.The site plan approved to remedy
any violation of this article shall include
landscaping and tree preservation,
replacement or relocation to comply with
all requirements herein, including the
standards listed below.
a. Existing trees shall be preserved in
place to the best extent practical.
Tree preservation shall include
measures to protect existing trees
from construction encroachment
within their driplines.
b. Trees that cannot be preserved in
place shall be evaluated by a certi-
fied arborist for relocation. If the
arborist's assessed condition rating
of the tree is greater than 60%, the
tree shall be relocated within the
project limits or within Village of
North Palm Beach public lands.
c. Trees having a four (4) inch or
greater caliper at diameter at breast
height (DBH) that cannot be
preserved in place or relocated shall
be replaced by the sum of three (3)
caliper inches to every one (1) inch
lost and are of like or similar spe-
cies. Replacement trees shall be a
minimum of three (3) inches in
caliper. For example, if an existing
five (5)-inch caliper tree is removed
from the subject property, fifteen
(15)-inches in caliper are required
for replacement. A combination of
tree sizes may be utilized as long as
no tree is less than three (3) inches
in caliper.
d. If the site cannot support the total
number of required replacement
trees as determined herein, the vil-
lage may permit the owner to donate
excess trees to the village for plant-
ing on public lands at the owner's
expense.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
Sec. 45-83. Landscape areas in the C-NB
zoning district.
All existing development along Northlake
Boulevard was required to conform with the new
landscaping regulations by May 31, 2014. On
any properties where this requirement has not
been met, this requirement remains in effect
until compliance has been achieved.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
§ 45-82 NORTH PALM BEACH CODE
2640Supp. No. 75
Sec. 45-84. Plant quality, species, and
installation.
A.Minimum plant quality.Plant quality for
all required landscaping shall be Florida No. 1 or
better, as provided in Grades and Standards for
Nursery Plants, Part 1 and Part 2, as amended,
as published by the Florida Department of
Agriculture and Consumer Services.
B.Low-maintenance species.For required
landscaping, 75 percent of trees and shrubs shall
be selected from "Low-Maintenance Landscape
Plants for South Florida (latest edition published
by the University of Florida IFAS Extension
office). Low-maintenance plants have low fertil-
izer requirements, few pest and disease problems,
and do not require frequent maintenance. Some
low-maintenance species are identified in this
publication as native species; certain landscap-
ing requirements in this article include a
minimum percentage of these native species.
C.Installation.
1. All landscaping shall be installed with
sound workmanship and sound nursery
practices in a manner that will encour-
age vigorous growth.
2. A plant or tree's growth characteristics
shall be considered before planting to
prevent conflicts with views, lighting,
utilities, or signage.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
Sec. 45-85. Prohibited and invasive plants.
A. Artificial plants or vegetation may not be
used to meet the landscaping requirements of
this article.
B. Prohibited plants shall not be planted within
the village. The list of prohibited plant species
shall include all species identified as Category 1
invasive species on "List of Invasive Plant Spe-
cies"(latest edition published by the Florida
Exotic Pest Plant Council), specifically including
the following species: Casuarina spp. (Australian
Pine), Schinus terebinthifolius (Brazilian Pepper),
Supaniopsis anacardioides (Carrotwood), Acacia
auriculiformis (Earleaf Acacia), Pueraria montana
(Kudzu), Melaleuca quinquenervia (Melaleuca/
Punk Tree/Pepper Tree), and Schefflera actino-
phylla (Umbrella Tree).
C. All existing Category 1 invasive species
shall be removed from existing development if
the thresholds in section 45-82.A.2 are exceeded.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
Sec. 45-86. Submission requirements for
landscaping.
Plans must be submitted that demonstrate
compliance with Village landscaping require-
ments. These plans must be prepared by a
landscape architect authorized by chapter 481,
Florida Statutes,and must contain the follow-
ing:
A.Tree disposition plan, depicting:
1. Existing trees, with a unique number
assigned to each tree; and
2. A tree survey table with the follow-
ing information listed by tree number
corresponding to the numbered exist-
ing trees on the plan view:
a. Common and botanical species
name;
b. Diameter at breast height
(DBH) for all trees three (3)
inches DBH and greater;
c. Clear trunk (CT) height for all
palms greater than six (6) feet
CT;
d. Proposed tree disposition
(remain/protect, relocate, or
remove).
B.Landscape plan, depicting:
1. Existing plant material to remain;
2. Existing trees and shrubs and site
improvements on abutting proper-
ties within twenty-five (25) feet of
the property lines. This information
may be obtained from aerial
photographs and approximate loca-
tions based on field observations;
§ 45-86APPENDIX C—ZONING
2641Supp. No. 75
3. The location and outline of proposed
buildings and site improvements
including landscaping, paving, utili-
ties, easements, and rights-of-way;
4. Existing site improvements to
remain including buildings, paving,
utilities, easements, and rights-of-
way;
5. Proposed plant materials by botani-
cal and common names and by instal-
lation size and spacing; and
6. Signage locations, including monu-
ment signage and wall-mounted
building signage.
C.Irrigation plan, containing the following:
1. Technical specifications for the
irrigation system, as required by
the Florida Building Code, Plumb-
ing for preconstruction submittals;
2. Water source (well/pump, canal/
pump, reclaimed, potable, etc.) and/or
water service connection location
and backflow prevention device, as
applicable; and
3. Rain and/or moisture-sensing
device(s), as required by Florida
Statutes 373.62.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
Sec. 45-87. Criteria for required landscap-
ing.
A.Required landscaped areas.The following
areas are required to provide landscaping:
1. Miscellaneous landscape elements, as
required in section 45-88;
2. Off-street parking lots, as required in
section 45-89;
3. Site perimeters, as required in section
45-90; and
4. Base of foundation, as required by sec-
tion 45-91.
B.Natural form.New trees and shrubs should
duplicate natural patterns with multiple plant
sizes, spacing, plant clusters, and single plant-
ings.
C.Size and configuration of plants.All required
landscaping shall meet the minimum standards
of Table 45-87-A and as otherwise provided
herein.
Table 45-87-A
Minimum Size and Configuration Standards
Plant
Material
Minimum Size at Planting Other Requirements
Trees All trees: 8 feet tall at planting, with a minimum
crown at planting of 3 feet.(1)
Shade trees: 12 feet tall at planting, with a minimum
crown at planting of 5 feet.(1)
75% of required trees shall be low maintenance.(5)
50% of required trees shall be shade trees.
50% of required trees shall be native trees.
Palms 8 feet clear trunk (2, 3)3 palms equal 1 required tree.
75% of required palms shall be low maintenance.(5)
Specimen
Palms
See list of specimen palms in (4)
12 feet clear trunk (2)
1 specimen palm shall equal 1 shade tree or 3 palms.
Hedge
Shrubs
24 inches tall Planted not more than 36 inches on center.
75% of required shrubs shall be low maintenance.(5)
Vines 60-inch trellis length, with 3 or more live runners at
planting
Attached to support.(6)
Notes:
(1) Height measured from grade to average end of branches, not the tallest of one or two branches.
(2) Height measured as clear trunk (CT) height: from the top of the root ball to the point where the lowest untrimmed leaf's
petiole diverges from the trunk.
(3) Palms not classified as specimen palms and planted in perimeter buffer areas shall be installed in groups of not less than
three.
(4) Specimen palms: Phoenix canariensis, sylvestris, reclinata, or dactylifera; Bismarkia nobilis; Roystonea spp.;Attelea spp.;
and Cocos nucifera (Green Maypan or Green Malayan only).
(5) Low-maintenance and native species are described in section 45-84.
(6) Support shall be provided consistent with sound horticultural practices to encourage future growth.
§ 45-86 NORTH PALM BEACH CODE
2642Supp. No. 75
D.Landscape points to exceed minimum
standards.In addition to meeting all other
landscaping requirements, each development
parcel must supplement the minimum standards
by qualifying for additional landscape points.
Points are awarded for landscape material and
improvements that exceed the minimum
standards, including exceeding the size and
volume of required material.
1. Parcels less than one (1) acre must exceed
the minimum standards by fifty (50)
points.
2. Parcels between one (1) and two (2) acres
must exceed the minimum standards by
one hundred (100) points.
3. Each additional acre or portion thereof
requires fifty (50) additional points.
4. Achieving the total points for an entire
project does not exempt one from comply-
ing with all other requirements, even if
that means exceeding the minimum
required.
5. If a redevelopment project is unable to
meet the point system or open space
requirements of this article, required
landscape points may be acquired by
placing equivalent landscaping on public
lands, parks, road rights-of-way, or other
similar public space, if acceptable to the
village and the entity that manages the
land, up to a maximum of fifty (50)
percent reduction of required points.
Table 45-87-B Supplemental Landscape
Points
Category Points
Specimen Trees
or Palms (1)*
25 per tree or palm retained
or planted
Native Trees (1)- (if >5
Inches DBH)
20 per tree retained or
planted, plus 1 point for
each inch >5 DBH
Low-Maintenance Trees >
12 foot minimum height
5 per tree planted
Low-Maintenance Palms > 8
feet of clear trunk
3.3 per palm planted, plus 1
point for each foot of clear
trunk > 8 feet
Courtyards, loggias, patios,
and similar open areas
available for public use
50 points
Category Points
Massing of landscaping
including trees, shrubs,
groundcover, and flowers to
produce focal points
up to twenty-five (25) points
Trellises, arbors, or flower
boxes
up to twenty-five (25) points
Sidewalks & adjoining
landscaping that connect
parking lots or alleys to
buildings or to public
sidewalks
up to twenty-five (25) points
Notes
(1)Abused trees, as determined by the village, shall not
count toward required points.
* = Justification to be provided consistent with definition
below.
DBH= Diameter at Breast Height. (4-feet above grade)
< = Less Than. > = Greater Than.
E.Reserved.
F.Reserved.
G.Specimen trees and palms.Specimen trees
and palms are either:
1. Existing trees if in good health, over
thirteen (13) inches at diameter at breast
height (DBH), and not a Category 1
invasive species on the "List of Invasive
Plant Species"(latest edition published
by the Florida Exotic Pest Plant Council).
2. A newly planted palm of a species listed
in Table 45-87-A.
H.Shade trees.
1. Shade trees, at maturity, shall be of a
species, which possess an average spread
of at least twenty-five (25) feet and a
clear trunk of at least six (6) feet.
2. The village staff may approve the use of
shade trees with a lesser mature canopy
spread, provided that groupings of such
species are utilized to achieve the aver-
age spread.
I.Palm trees.
1. Palms must attain a minimum twelve
(12) feet in height at maturity.
2. Palms must be resistant to lethal yellow-
ing.
§ 45-87APPENDIX C—ZONING
2643Supp. No. 75
J.Tree species mix.When more than fifteen
(15) trees are required to be planted to meet the
landscaping standards, a mix of species shall be
provided according to the overall number of trees
required to be planted. Species shall be planted
in proportion to the required mix. The minimum
number of species to be planted is indicated in
Table 45-87-C.
Table 45-87-C —- Required Species Mix
Required
Number of
Trees
Min. Number
of Species
Required
Number of
Trees
Min. Number
of Species
16—20 3 31—40 5
21—30 4 41 + 6
K.Native trees.A minimum of fifty (50) percent
of all trees used to satisfy the standards of this
article shall be classified as native species (see
section 45-84).
L.Shrubs and hedges.
1. At least fifty (50) percent of all required
hedges and shrubs shall be classified as
native species (see section 45-84).
2. At the time of installation, required hedges
and shrubs shall be a minimum of twenty-
four (24) inches in height, or eighteen
(18) inches in height for native species,
spaced at a maximum of thirty-six (36)
inches on center.
3. Required hedges shall form a solid,
continuous visual screen of at least three
(3) feet in height within two (2) years of
planting.
4. Hedges used in combination with nonliv-
ing landscape barriers to meet the six (6)
feet screen requirements in section 45-88
shall be installed at the height necessary
to provide the total six (6) foot screen
within (2) years of planting.
M.Reserved.
N.Ground treatment.
1. The ground area within required
landscaped areas which is not dedicated
to trees or palms, or the preservation of
existing or new vegetation, shall receive
appropriate landscape treatment such as
grass, groundcover, mulch, or shrubs and
present a finished appearance upon plant-
ing.
2. Sand, gravel, shellrock, or pavement shall
not be considered appropriate landscape
treatment.
3. The following standards shall apply to
the design of ground treatment.
a.Plants.Live material used as ground
cover shall provide a minimum of
fifty (50) percent coverage
immediately upon planting and one
hundred (100) percent coverage
within one (1) year.
b.Mulch.Mulch shall be installed and
maintained at a minimum depth of
three (3) inches at all times in all
planted areas not containing ground
cover, except leaving two (2) inches
of space around tree trunks to
prevent rot.
i) All mulch material shall be
seed and weed-free to prevent
tree sprouting and regrowth,
and shall be sustainably
harvested such as melaleuca,
pine straw, or eucalyptus.
ii) Mulch shall be temporarily
applied to areas not
immediately covered by ground-
cover.
iii) Mulch will be thoroughly wet
at the time of application to
prevent wind displacement.
c.Pebble and egg rock.Pebble or egg
rock may be used in a limited amount
as a ground treatment in areas where
drainage is a problem.
d.Lawn and turf grass.Grass areas
shall be planted with species suit-
able as permanent lawns. Use of
drought-tolerant groundcover
instead of lawn and turf grass is
encouraged.
O.Flowers.Flower boxes and hanging pots
should complement the overall architecture of
the facade and not obscure architectural details.
§ 45-87 NORTH PALM BEACH CODE
2644Supp. No. 75
The boxes should be well constructed, and accom-
modate watering needs without allowing water
to drip or leak onto the building or sidewalk.
P.Reserved.
Q.Landscape in easements.
1. Landscaping may be permitted in ease-
ments with the written permission of the
easement holder. Trees planted within
any easement with overhead utilities
shall be consistent with FP&L's sug-
gested tree list "Plant the Right Tree in
the Right Place,"taking into consideration
the mature height and spread of the
species beneath or adjacent to existing
overhead utilities.
2. Easements may overlap a landscape buffer
a maximum of five (5) feet provided that
there remains a minimum of five (5)
clear feet for planting, or if a wall with a
continuous footer is used, a minimum of
ten (10) clear feet for planting.
3. The landscape buffer may be traversed
by easements or access ways as neces-
sary to comply with the standards of this
section.
R.Perimeter landscaping.Only access ways
and easements shall be permitted as interrup-
tions in perimeter landscaping and shall be
included in the calculation of linear dimension.
No structures or parking are to be located in this
landscape area.
S.Landscaping in public road right-of-way.
Maintenance of landscaped rights-of-way shall
be the responsibility of the project's property
owner or, as agreed upon in the development
order approving the project, by special districts
created for unified maintenance.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
Sec. 45-88. Miscellaneous landscape ele-
ments.
A.Alternativelandscapematerials.Alandscape
plan may utilize one (1) or more materials not
specifically authorized in this article and must
be demonstrated to be consistent with the
purposes and intent of this article.
B.Screening required.Uses that shall be
required to be screened from public view are
identified in this section.
C.Perimeter walls and fences.
1. Perimeter walls, metal or wood fences, or
other nonliving landscape materials may
be used in conjunction with vegetation to
meet required screening. The heights of
walls and fences are limited by section
45-36.
2. Approved walls or fences shall be set
back from property lines adjoining streets
sufficiently to include landscape on the
street side of the wall or fence. Chain
link fences shall have a green or black
vinyl covering.
3. Maintenance of the wall or fence and
associated landscaping by the property
owner is required.
D.Storage and garbage collection sites.All
outside storage and trash or garbage collection
sites shall be completely screened from view,
utilizing any approved combination of walls and
fences (a minimum of six (6) feet in height) that
will fully screen the area from view except for
gates.
E.Service areas.
1. Service areas of nonresidential build-
ings, when visible from the street right-
of-way or adjacent residential land use,
shall have barriers and/or a hedge at a
minimum of six (6) feet in height to
screen the service area. A hedge that is
planted meet this requirement must
achieve this height within two (2) years
of planting.
2. Service areas may include interior or
exterior work bays associated with full
service gas stations, tire repair, auto
repair business, as well as any business
proposing loading or unloading docks.
F.Backflow preventers.Backflow preventer
systems shall be screened from public view,
utilizing any combination of trees, palms, hedges,
or other barriers.
§ 45-88APPENDIX C—ZONING
2645Supp. No. 75
G.Reserved.
H.Pavers and other impervious surfaces.The
use of concrete, asphalt, impervious pavers, or
similar material, excluding sidewalks, shall not
exceed thirty (30) percent coverage of an open
space area, and shall not be wider than twelve
(12) feet if used in a required landscape buffer
area. This limitation shall be increased to sixty
(60) percent for pervious concrete, pervious
asphalt, and pavers set on a pervious base.
I.Landscape area around signs.
1. A three (3) foot wide planting area shall
be required around the base of all signs
except signs that are mounted on build-
ings.
2. One (1) shrub for each ten (10) square
feet of sign surface area shall be installed
within the three (3) foot planting area at
the base of the sign.
3. Ground/monument signs may be sur-
rounded by ground cover instead of shrubs.
4. Landscaping and trees which interfere
with signage may be relocated to the rear
of the sign planting area.
J.Advertising.At no time shall a landscaped
area be used for advertising display or sales.
Temporary signs may not be placed in landscaped
areas.
K.Earth berms.Earth berms shall use long
and gentle slopes and as non-living landscape
barriers only when installed in conjunction with
plant materials.
1. Berms five (5) feet or less in height shall
have a maximum slope of 2:1. Berms
greater than five (5) feet in height shall
not exceed a ratio of 3:1 in slope.
2. Hedges used in combination with earth
berms to meet the six (6) foot screen
requirements in section 45-88 shall be
installed at the height necessary to provide
the total six (6) foot screen at time of
planting.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
Sec. 45-89. Landscape requirements for
off-street parking lots.
A.Landscape buffer.A landscape buffer, at
least five (5) feet in width, shall be provided
along all sides of parking lots, excluding a side or
sides that abut a building. This buffer strip shall
be planted with shade trees at a maximum
spacing of thirty (30) feet on center and with a
continuous hedge that will be maintained at
least three (3) feet high.
B.Minimum spacing of shade trees.
1. The minimum shade tree spacing for
parking lots shall be such that the center
of any parking space is not more than
thirty (30) feet from the center of a shade
tree.
C.Landscape islands.
1.Interior islands.An interior landscape
island shall be required wherever nine
(9) or more parking spaces are located in
a row.
a. Interior islands shall be spaced a
maximum of ninety (90) feet apart.
b. Interior islands shall measure at
least fifteen (15) feet in length and
eight (8) feet in width, measured
from back of curb to back of curb.
c. A minimum of one (1) shade tree
shall be planted in each interior
island, in addition to shrubs and
mulch or ground cover.
2.Terminal islands.Each row of parking
spaces shall be terminated by landscape
islands.
a. Terminal islands shall measure at
least fifteen (15) feet in length and
eight (8) feet in width, measured
from back of curb to back of curb.
b. A minimum of one (1) shade tree
shall be planted in each terminal
island, in addition to shrubs and
mulch or ground cover.
3.Landscape diamonds.Landscape
diamonds may be substituted for interior
§ 45-88 NORTH PALM BEACH CODE
2646Supp. No. 75
landscape islands for parcels less than
one (1) acre, but not for terminal islands
at the end of parking rows.
a. On these small parcels, landscape
diamonds may be distributed
throughout the interior of an off-
street parking lot to provide shad-
ing of parked motor vehicles as an
alternative to interior landscape
islands.
b. Landscape diamonds shall be located
only at the common intersection of
four (4) parking spaces and spaced
no greater than four (4) spaces apart.
c. The ground within the diamond shall
receive appropriate landscape treat-
ment, including shrubs and mulch
or groundcover.
d. The minimum diamond size shall
be twenty-five (25) square feet and
the minimum dimension shall be
five (5) feet by five (5) feet, not
including curb treatment.
e. A minimum of one (1) tree shall be
planted in each diamond, in addi-
tion to shrubs and mulch or ground
cover.
D.Protection of landscape areas.All landscape
areas shall be protected by curbs or wheel stops
from vehicular encroachment and from the dam-
ages caused by vehicles overhanging into
landscape areas.
1.Landscaping.Landscaping shall be
required to be at least twenty four (24)
inches from the edge of the wheel stop or
curbing.
2.Curbing.All landscape areas subject to
vehicular encroachment shall be separated
from vehicular use areas by six (6) inch,
non-mountable, FDOT-type 'D' or FDOT-
type 'F', concrete or asphalt curbing. The
curbing shall be machine-laid, formed-in-
place or integral with the pavement.
Curbing may be interrupted to accom-
modate drainage, paths, or sidewalks.
3.Wheel stops.
a. Wheel stops shall have a minimum
height of four (4) above finished
grade of the parking lot, shall be
properly anchored, and continu-
ously maintained in good condition.
b. The space between the wheel stop
and the end of the parking space
may be paved as required by the
building division for anchoring and
maintenance purposes.
c. Wheel stop anchor rods shall be set
through the pavement and the
bottom of the wheel stop must rest
fully on the pavement to prevent
rocking.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
Sec. 45-90. Landscape requirements for
site perimeters.
A.Minimum buffer width for site perimeters.
A landscape buffer of the widths specified in
Table 45-90 shall be provided around the
perimeter of all parcels in the specified zoning
districts.
Table 45-90 - Minimum Buffer Widths
Front Yard Side Yard Rear Yard
R-3 8 feet 5 feet
1 5 feet
C-MU 5 feet
2 - 5 feet
C-G 8 feet 10 feet 5 feet
3
C-3 5 feet
2 - 5 feet
4
C-NB 5 feet - 5 feet
All other commercial 5 feet 5 feet
5 5 feet
I-1 see section 45-38
NOTES:
1 Only required in side yards that adjoin R-1 or R-2 districts.
2 Does not apply to all building frontage types; along US Highway 1 and Northlake Boulevard, the front yard landscape buffer
§ 45-90APPENDIX C—ZONING
2647Supp. No. 75
may not be planted on a sidewalk easement (see subsections 45-31.E.6 and 45-34.1.H).
3 Not required on parcels that adjoin the railroad right-of-way
4 Only required on parcels that adjoin US Highway 1 or Northlake Boulevard (see subsection 45-34.1.H).
5 Only required in side yards that adjoin less intense zoning districts (e.g. any residential district).
B.Landscape requirements for site perimeters.
Perimeter landscape buffers shall be installed
where required by Table 45-90 in accordance
with the following standards. Vegetation should
be planted taking into consideration the mature
height and spread of the species. Easements and
access ways, which traverse required perimeter
landscape buffers, shall be included in the calcula-
tion of linear dimension.
1.Trees.Trees shall be planted in required
perimeter landscape buffers at a
maximum spacing of thirty (30) feet on
center.
2.Shrubs. A hedge shall be planted in
required perimeter landscape buffers to
form a continuous solid opaque visual
screen of at least thirty-six (36) inches in
height within two (2) years of planting.
3.Palm Trees.
a. Within the perimeter landscape
buffer, a specimen palm or a group
of three (3) palm trees may be
substituted for one (1) required tree;
however, not more than fifty (50)
percent of the required trees may be
replaced by palm trees.
4.Slash pines.
a. Slash pines planted in perimeter
buffers shall be installed in groups
of no less than three (3).
b. Each group of slash pines shall aver-
age a minimum often (10) feet in
height and may be counted as one
(1) required tree.
5.Tree and palm clustering.
a. Trees and palms may be clustered
in right-of-way buffers if the clusters
are spaced a maximum of sixty (60)
feet apart, and/or consist of trees of
varied height, which when aver-
aged, equal the minimum tree height
requirements, and are located on
property containing a minimum of
three hundred (300) linear feet along
the right-of-way.
6.Wallsandfenceswithinright-of-waybuffer.
a. If a wall or fence is used, the required
landscaping shall be located between
the wall or fence and the right-of-
way.
b. Walls and fences shall not encroach
upon easements, unless approved in
writing by the easement holder.
c. Wall or fences shall be setback a
minimum often ten (10) feet from
the edge of the ultimate right-of-
way unless a wall with a continuous
footer is used, then the wall shall be
setback to provide a minimum of
ten (10) clear feet for planting.
C.Safe sight distance triangles.Safe sight
distance triangles may be required in accordance
with the County Design Manual, published by
the Palm Beach County Department of Engineer-
ing and Public Works, to restrict placement of
visual obstructions that might create a traffic
hazard. Landscaping on state roads shall be
installed in accordance with requirements of the
State of Florida Department of Transportation.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
Sec. 45-91. Landscape requirements for
base of foundation.
A.Location and width.
1. There shall be foundation landscaping
within five (5) feet of all buildings and
structures.
a. These landscape areas shall be
provided along all four (4) facades of
all structures, excluding rear service
areas not visible by a public road
right-of-way or not generally trav-
eled by the public or visible from
adjacent structures.
§ 45-90 NORTH PALM BEACH CODE
2648Supp. No. 75
b. The combined length of the required
foundation planting shall be no less
than forty (40) percent of the total
length of the applicable side of the
structure.
2. This requirement shall not apply in the
C-MU and C-3 zoning districts in front of
buildings that meet the standards for a
gallery, storefront, or canopy building
frontage type.
B.Minimum standards.
1. When required, foundation landscaping
shall always extend along the portions of
a facade that directly abut a street, a
parking lot, and other vehicular use areas,
excluding doorways.
2. A minimum of one (1) tree shall be
planted for each seventy-five (75) linear
feet of building perimeter, using a spe-
cies suitable for this location. The
remainder of the landscape area shall be
treated appropriately with plantings
which may include shrubs, vines, flower
boxes, ground cover, and mulch, and with
pedestrian accessways.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
Sec. 45-92. Landscape maintenance.
A.Minimum requirements.The land owner
shall be responsible for the following:
1. The maintenance of required landscape
structures (e.g., walls, fences) in a structur-
ally-sound condition.
2. Tree maintenance, which shall be limited
to periodic trimming to maintain healthy
trees, removal of diseased limbs, or
removal of limbs or foliage that present a
hazard. All trees shall be allowed to grow
to their natural mature height and a full
canopy.
3. Landscape buffers shall be maintained
and preserved along the entire length of
the property.
4. All landscape areas, including any right-
of-way landscaping between the property
line and the adjacent street, shall be
maintained on a regular basis, to include
weeding, watering, fertilizing, pruning,
mowing, edging, mulching, replacement
of dead or missing landscaping, removal
of prohibited plants, and other
horticultural practices that are needed to
keep landscaping in good condition, free
from disease, insect pests, weeds, refuse,
and debris.
5. Landscape maintenance shall be carried
out in a manner that will not disrupt,
inconvenience, or endanger any member
of the public, or pedestrian, or motor
vehicles.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
Sec. 45-93. Irrigation.
A.General.All landscape areas, except those
areas composed of existing native plant communi-
ties, shall provide an irrigation system. The
irrigation system shall be designed and installed
in accordance with the Florida Building Code.
Irrigation systems shall be designed and
maintained to obtain the following results:
1. Eliminate the wasteful use of water;
2. Eliminate overspray onto buildings, walks,
and walls;
3. Provide a minimum of one hundred (100)
percent coverage, including the capabil-
ity of applying water onto turf areas on a
different saturation level than that used
to irrigate shrub-planting beds; and
4. Use separate zones to match irrigation to
vegetation types.
B.Standards.Irrigation systems shall comply
with the following standards.
1. Irrigation systems shall be continuously
maintained in working order and shall
be designed so as not to overlap water
zones or to water impervious areas.
2. Irrigation systems shall not be installed
or maintained abutting any public street
which causes water from the system to
spray onto the roadway or to strike pass-
ing pedestrian or vehicular traffic, where
feasible.
§ 45-93APPENDIX C—ZONING
2649Supp. No. 75
C.Rain sensors.A rain sensor, to switch off
irrigation during wet periods, shall be required
on all new irrigation systems.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
Sec. 45-94. Pruning.
A.Crown reduction.
1. The crown of a shade tree required by
this Code or condition of approval shall
not be reduced below the minimum mature
spread or height requirements of this
Code or specific village conditions of
approval. Exceptions include:
a. The removal of limbs or foliage
presenting a hazard or in conflict
with a crime prevention program;
b. Removal of dead or diseased limbs;
c. The reinforcement strength of form,
or
d. In association with tree or palm
relocation work.
2. Incidental pruning is permitted when
there are conflicts with views, power
lines, structures, lighting, signage,
vehicles, pedestrians, etc. and to improve
the structural integrity of trees. All prun-
ing shall be in accordance with pruning
standards in ANSI A300. A maximum of
one-fourth (0.25) of tree canopy may be
removed from a tree within a one (1) year
period, provided that the removal
conforms to the standards of crown reduc-
tion, crown cleaning, crown thinning,
crown raising, vista pruning, and crown
restoration pruning techniques.
A tree that is pruned in excess of these
requirements shall be replaced with a
tree that meets the minimum require-
ments of this section or equal specifica-
tions of the tree that has been pruned,
whichever is greater, or, if deemed pos-
sible by a certified arborist, a remedy
plan may be proposed to the village that
would correct the pruning error.
B.Plant characteristics.Unless otherwise
approved by the village during the approval
process, trees shall be allowed to grow to a shape
and size typical of their species throughout their
life cycle.
C.Pruning standards.The following are
general pruning standards and requirements.
1.Hat-racking.Hat-racking is prohibited.
For the purposes of this article, hat-
racking is defined as flat-cutting the top
or sides of a tree, severing the leader or
leaders; making internodal cuts (cutting
back of limbs to a point between branch
collars/buds) prune a tree by stubbing off
mature wood larger than one (1) inch in
diameter within the tree's crown;or reduc-
ing a mature tree's total circumference
or canopy spread by one-third () or
more.
2.Palm trees.Pruning palm trees shall be
limited to dead fronds and up to one-
third () of the green fronds and seed
pods.
3.Maximum limb pruning.Severely cut-
ting back lower branches to increase
sight visibility from underneath a tree's
canopy, shall not exceed thirteen (13) feet
six (6) inches from the ground level to the
collar of the first limb.
D.Alternative canopy shapes.If other than
the normal expected tree canopy shade and size
is desired by the owner of the trees, the desired
shape and size shall be indicated on the approved
landscape plan. If a desired shape and size is not
noted on the approved landscape plan, trees
shall be allowed to grow to their natural shape
and size.
E.Performance.Pruning shall be performed
by a certified arborist or FNGLA certified
landscape contractor in accordance with the Tree
Care Industry standard of care as described in
ANSI A300.
F.Exemptions.Subsections 45-94.A-D do not
apply to trees which interfere with safe site
triangles, utility lines, or utility structures.
(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)
§ 45-93 NORTH PALM BEACH CODE
[The next page is 2701]
2650Supp. No. 75
APPENDIX D
FRANCHISES*
Included herein is a listing of franchises of the village:
Ord.
No.
Adoption
Date Subject Franchise
Term
(years)
Expiration
Date
2 7-22-57 Electricity Florida Power & Light Co. 30 1987
5 10-22-56 Water and
sewage
North Palm Beach, Utilities, Inc. 30 1986
36 10-14-58 Telephone and
telegraph
Southern Bell Telephone and
Telegraph (Replaced by Southern
Bell Telephone and Telegraph
Co.—Res. No. 5-90)
30 1988
37 10-28-58 Gas Green's Fuel of Florida Corp.
(Replaced by Florida Public Utili-
ties Co.—Ord. No. 11-80)
30 1988
116-1965 3-23-65 CATV Burnup & Sims, Inc. (Replaced
by Southeast Florida Cable, Inc.
D/B/A Aldelphia Cable Com-
munications—Ord. No. 10-97)
30 1995
156-67 9-19-67 Amends Ord.
No. 116-1965
Burnup, & Sims, Inc. (Replaced
by Southeast Florida Cable, Inc.
D/B/A Aldelphia Cable Com-
munications—Ord. No. 10-97)
— —
168-67 12-19-67 Amends Ord.
No. 37
Green's Fuel of Florida Corp.
(Replaced by Florida Public Utili-
ties Co.—Ord. No. 11-80)
— —
216-70 9-10-70 Amends Ord.
No. 116-1965
Burnup & Sims, Inc. (Replaced
by Southeast Florida Cable, Inc.
D/B/A Aldelphia Cable Com-
munications—Ord. No. 10-97)
— —
11-80 5-22-80 Gas Florida Public Utilities Co. 30 2010
14-80 7-10-80 Electric Florida Power & Light Co. 30 2010
10-97 2-27-97 CATV Southeast Florida Cable, Inc.
D/B/A Adelphia Cable Com-
munications
— —
5-90 (Res.) 3- 8-90 Telephone and
telegraph
Southern Bell Telephone and
Telegraph Co.
30 2020
30-2000 10-12-00 Telecommunica-
tions
FPL Fibernet, LLC — —
2008-09 8-28-08 Electricity Florida Power & Light Company 30 2038
2010-08 6-24-10 Gas Florida Public Utilities Co. 30 2040
2010-38(Res.) 7-22-10 Accepts and
modifies Ord.
No. 2010-08
Florida Public Utilities Co. — —
*Cross reference—Ch. 28, use of rights-of-way for utilities.
[The next page is 2819]
2701Supp. No. 75
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
Section
this Code
1.01 27-31
1.01 et seq. 1-2
ch. 22F App. B, Art. II,
§ 36-10
ch. 39 App. C, § 45-2
Ch. 50 2-181
50.041 2-181
50.051 2-181
55.03 29-5(a)
ch. 98 Ch. 10
101.657 10-7
112.181 2-161(e)(9)
ch. 121 2-155
161.55(1)(d) 6-156
161.041 6-153
161.053 6-154
ch. 162 2-174
162.12(2) 2-180
ch. 163 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
163.01 2-4(f)
163.161 et seq. 21-01
ch. 163.170,
§163.3164(17)
App. B, Art. II,
§ 36-10
163.295 6-150
163.3161 et seq. Ch. 21, Art. II
163.3177 21-44
163.3178 6-155
21-44
163.3180(12) 21-48
ch. 166 6-16
Ch. 24
Ord. No. 2478 § 3
166.021 Ch. 17, Art. II
166.221 17-34
166.231 Ch. 26, Art. III
ch. 170 21-2
170.01 Ch. 24
Section
Section
this Code
ch. 175 2-167
2-170.2
175.061((7) 2-169
175.071(1) 2-166
175.071(8) 2-166
175.101 26-17
175.333 2-162
175.351(6) 2-170.3
ch. 177 App. B, Art. I,
§ 36-2
App. B, Art. II,
§ 36-8
App. B, Art. II,
§ 36-15
App. B, Art. IV,
§ 36-27
ch. 185 2-167
2-170.2
185.05(6) 2-169
185.06(1)(b) 2-166
185.06(7) 2-166
185.08 26-16
185.35(6) 2-170.3
202.195 29-8(m)
203.012 26-51, 29-3
29-5(b)
203.012(5)(b) 26-51
ch. 205 Ch. 17, Art. II
205.043(2),
205.043(3) 17-24, 17-25
205.053 17-20
205.192 17-22
210.03 17-33
ch. 212 26-53
215.473 2-166
222.17 5-1
ch. 252 Ch. 8
8-4(a)(2)
252.38 et seq. 8-6
253.125 7-19
Ch. 280 2-4
280.04 2-4
286.011 2-1
Ch. 316 18-20
316.008 Ch. 18
316.1955, 316.1956 18-37
2819Supp. No. 75
Section
Section
this Code
320.01(1) 14-37
ch. 327 Ch. 5
5-1
327.02 5-1
5-33
19-99
335.065 App. B, Art. IV,
§ 36-29.1
337.29 29-2
337.401 29-2, 29-3
29-5(a), (e)
29-6(a)
337.401(3) 28-3
337.403, 337.404 29-7
342.03 Ch. 5
362.01 29-2
364.02 29-3
ch. 373 19-200
373.62 App. C, § 45-86
373.185 App. C, § 45-81
ch. 380 21-44
App. B, Art. II,
§ 36-10
380.04 21-103
393 App. C, § 45-2
ch. 394 App. C, § 45-2
ch. 395 App. C, § 45-36
397.311(18) App. C, § 45-38
ch. 481 App. C, § 45-86
397.487 App. C, § 45-25
ch. 400 App. C, § 45-2
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
Section
Section
this Code
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
2-136
650.02 2-136
658.12 2-4
ch. 760 App. C, § 45-2
767.12 14-92
768.28 29-12(d)
775.082, 775.083 2-169(f)
2-255
784.03 14-92
784.041 14-92
784.045 14-92
790.10 14-92
790.15(1) 14-92
794.011 19-31
796.06 14-92
796.07 14-92
800.03 14-92
800.04 19-31
800.06 14-92
810.08 14-92
810.08 14-92
812.014 14-92
812.019 14-92
ch. 823 14-92
827.071 19-31
ch. 828 4-13
828.12 14-92
843.01 14-92
843.02 14-92
ch. 847 App. C, § 45-20
847.0145 19-31
856.015 14-92
856.021 14-92
856.022 14-92
870.041 8-21
870.44 8-22
870.45 8-22
872.05 2-104
ch. 874 14-92
ch. 893 14-92
893.138 14-92
893.03 45-36
893.035 45-36
893.0356 45-36
943.10(6) 2-159
943.10(8) 2-159
NORTH PALM BEACH CODE
2820Supp. No. 75
Section
Section
this Code
943.14 2-159
943.25(13) 1-9
STATUTORY REFERENCE TABLE
[The next page is 2869]
2821Supp. No. 75
Ord. No.
Adoption
Date Section
Section
this Code
3 5-69—5-71
Added 5-72
5-73
5-81—5-86
4 Rpld 7-1
Rnbd 7-2
as 7-1
Rnbd 7-3
as 7-2
7-16—7-20
2019-08 8- 8-19 2 App. C, §§ 45-24,
45-25
2019-11 10-24-19 2 2-159(b)
2-161(a)
2-163(a)
Added 2-170.1—2-170.3
3 Rnbd 2-170.01—2-170.15
as 2-170.5—2-170.20
2020-02 7- 9-20 2 14-81, 14-82
3 Added 14-91—14-102
2020-04 8-13-20 2 Added 1-11
2020-06 9-24-20 2 6-1
6-35, 6-36
6-56—6-60
3 17-3(a)
4 19-99
5 21-3
5 21-11, 21-12
6 Rpld 27-31—27-41
27-59—27-67
27-18(b)
7 App. A, § I
App. A, §§ III, IV
8 36-18—36-19
36-29
9 App. C, § 45-2
10 App. C, § 45-4
11—13 App. C, § 45-16—45-
16.2
14 App. C, § 45-19
15 App. C, § 45-31
16 Rpld App. C, § 45-31.1
17 Rpld App. C, § 45-32
18 App. C, § 45-32.1
19, 20 App. C, § 45-33,
45-34
21—24 App. C, § 45-35.1—
45-36
25 App. C, § 45-38
26 App. C, § 45-49,
45-50
Added App. C, § 45-51
27 App. C, § 45-60—
45-62
App. C, § 45-64,
45-65
CODE COMPARATIVE TABLE
2897Supp. No. 75
Ord. No.
Adoption
Date Section
Section
this Code
28 Added App. C, §§ 45-81—
45-94
29 App. C, § 45-20,
45-21
45-34.1
45-35.2
App. C, § 45-36
App. C, § 45-90
2020-21 11-12-20 2 Added 20-10
2020-22 12-10-20 2 2-146.1
2-156(h)
NORTH PALM BEACH CODE
[The next page is 2933]
2898Supp. No. 75
B
BATHING
Diseased persons prohibited from bathing
in public pools, etc. . . . . . . . . . . . . . . . . 19-3
BICYCLES
Park regulations. . . . . . . . . . . . . . . . . . . . . . . . 20-6
Subdivisions, required improvements re
bikeways. . . . . . . . . . . . . . . . . . . . . . . . . . 36-29.1
BILLBOARDS. See: SIGNS AND
BILLBOARDS
BIRDS. See: ANIMALS AND FOWL
BLOCKS
Subdivision design standards. . . . . . . . . . . . 36-18
BOARDS, COMMITTEES AND COMMIS-
SIONS. See: DEPARTMENTS AND
OTHER AGENCIES OF VILLAGE
BOATS, DOCKS AND WATERWAYS
Abandoned boats . . . . . . . . . . . . . . . . . . . . . . . 5-8
Abatement of public nuisances on private
property. . . . . . . . . . . . . . . . . . . . . . . . 14-79 et seq.
Anchoring and mooring
Mooring limitations in waterways
(private docks and piers) . . . . . . . . 5-16
Unlawfully anchored or moored vessels
Claiming of vessel 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
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-
ing chapter. . . . . . . . . . . . . . . . . . . . . . . . 5-17
Boat launching area
Abandoned boats and equipment
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
areas. . . . . . . . . . . . . . . . . . . . . . . . . . . 5-35
Violation; penalty . . . . . . . . . . . . . . . . . . . . 5-38
Code enforcement, applicability re. . . . . . . 2-173
Construction requirements
Bulkheads and seawalls
Compliance with provisions required 5-69
Inspection required . . . . . . . . . . . . . . . . 5-73
Minimum design requirements for
seawalls . . . . . . . . . . . . . . . . . . . . . 5-72
BOATS, DOCKS AND WATERWAYS (Cont'd.)
Permit fee. . . . . . . . . . . . . . . . . . . . . . . . . 5-72
Permitting and inspection. . . . . . . . . . 5-73
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
Fill permits lines . . . . . . . . . . . . . . . . . . . . . . . 7-1 et seq.
See: FILL PERMITS
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)
CODE INDEX
Section Section
2937Supp. No. 75
BOATS, DOCKS AND WATERWAYS (Cont'd.)
Definition . . . . . . . . . . . . . . . . . . . . . . . . . 5-101(a)
Mooring, docking, or beaching of boats on
public or private property without
permission . . . . . . . . . . . . . . . . . . . . . . . . 5-9
Noise control
Radios or other mechanical sound-
making devices or instruments in
vessels, operation of. . . . . . . . . . . . . 19-103
Parking
Boats and boat trailers; parking on
residential property restricted in
R-1 and R-2 residential zoning
districts . . . . . . . . . . . . . . . . . . . . . . . . 18-35
Prohibited parking upon right-of-way
of specific roadways . . . . . . . . . . . . . 18-34.1
Prohibition of floating structures . . . . . . . . 5-18
Running engines, hours in residential
districts. . . . . . . . . . . . . . . . . . . . . . . . . . . 5-14
Searchlights, use of. . . . . . . . . . . . . . . . . . . . . 5-7
Speed limits; wakes. . . . . . . . . . . . . . . . . . . . . 5-2
Subdivision provisions re waterways. . . . . 36-22 et seq.
See: SUBDIVISIONS (Appendix B)
Swimming in restricted waters . . . . . . . . . . 5-3
Water skiing . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5
Waterways board . . . . . . . . . . . . . . . . . . . . . . . 5-102 et seq.
BONDS
Administrative code; bonds required of
certain officers . . . . . . . . . . . . . . . . . . . . 2-42
Canal construction; surety bond
prerequisite to issuance of building
permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-61
Communications services
Construction bond . . . . . . . . . . . . . . . . . . . 29-14
Finance director, duties re . . . . . . . . . . . . . . 2-59(7)
Village manager. . . . . . . . . . . . . . . . . . . . . . . . 2-117
BRUSH. See: WEEDS AND BRUSH
BUILDINGS
Abatement of unsafe or unsanitary build-
ings
Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-81
Authority to expend funds . . . . . . . . . . . . 6-85
Enforcement and right of entry . . . . . . . 6-74
Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-79
Implementation. . . . . . . . . . . . . . . . . . . . . . 6-80
Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-75
Lien, imposition of . . . . . . . . . . . . . . . . . . . 6-84
Performance of work . . . . . . . . . . . . . . . . . 6-82
Placard posting . . . . . . . . . . . . . . . . . . . . . . 6-78
Provisions supplemental. . . . . . . . . . . . . . 6-86
Purpose and scope . . . . . . . . . . . . . . . . . . . 6-72
Recovery of costs. . . . . . . . . . . . . . . . . . . . . 6-83
Service of notice of violation . . . . . . . . . . 6-77
Unsafe or unsanitary buildings and
structures . . . . . . . . . . . . . . . . . . . . . . 6-73
Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-76
BUILDINGS (Cont'd.)
Appearance code
Generally
Appeals and review. . . . . . . . . . . . . . . . 6-35
Appearance plan . . . . . . . . . . . . . . . . . . 6-33
Intent and purposes . . . . . . . . . . . . . . . 6-32
Powers and duties of planning com-
mission concerning the appear-
ance code . . . . . . . . . . . . . . . . . . . . 6-36
Site plan and appearance review
Action of planning commission . . . . . 6-58
Application requirements . . . . . . . . . . 6-56
Approval by planning commission . . 6-59
Follow-up by community develop-
ment department. . . . . . . . . . . . . 6-60
Site plan and appearance hearings . 6-57
Appearance plan (Appendix A). See that
subject
Code enforcement, applicability re. . . . . . . 2-173
Codes
Appearance code. See herein that subject
Building code . . . . . . . . . . . . . . . . . . . . . . . . 6-17
Electrical code . . . . . . . . . . . . . . . . . . . . . . . 11-11, 11-12
Fire prevention code . . . . . . . . . . . . . . . . . 12-16 et seq.
Country club . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1 et seq.
See: COUNTRY CLUB
Electrical code. . . . . . . . . . . . . . . . . . . . . . . . . . 11-11, 11-12
Flood damage prevention . . . . . . . . . . . . . . . 12.5-1 et seq.
See: FLOOD DAMAGE PREVENTION
Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-81 et seq.
See: ZONING (Appendix C)
Minimum construction standards
Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-16
Codes adopted . . . . . . . . . . . . . . . . . . . . . . . 6-17
Technical amendments to the Florida
Building Code, Residential. . . . . . . 6-21
Violations and penalty . . . . . . . . . . . . . . . 6-19
Missiles, throwing . . . . . . . . . . . . . . . . . . . . . . 19-83
Obstructing passageway . . . . . . . . . . . . . . . . 19-47
Outdoor displays. See herein: Signs and
Outdoor Displays
Park and recreation facilities; erecting
buildings or structures. . . . . . . . . . . . . 20-3
Public land, construction on prohibited . . 6-1
Signs and outdoors displays. . . . . . . . . . . . . 6-110 et seq.
See: SIGNS AND BILLBOARDS
Smoke, dust, odors, liquids, etc. . . . . . . . . . 19-9
Spitting in public places prohibited . . . . . . 19-5
Stormwater management; level of finished
floor of structures . . . . . . . . . . . . . . . . . 21-63
Subdivision regulations . . . . . . . . . . . . . . . . . 36-1 et seq.
See: SUBDIVISIONS (Appendix B)
Swimming pools . . . . . . . . . . . . . . . . . . . . . . . . 25-1 et seq.
See: SWIMMING POOLS
Zoning regulations. . . . . . . . . . . . . . . . . . . . . . 45-1 et seq.
See: ZONING (Appendix C)
NORTH PALM BEACH CODE
Section Section
2938Supp. No. 75
BULKHEADS
Bulkheads and seawalls, construction
requirements re . . . . . . . . . . . . . . . . . . . 5-69 et seq.
See: BOATS, DOCKS AND
WATERWAYS
BUSINESS ADVISORY BOARD
Composition; terms . . . . . . . . . . . . . . . . . . . . . 17-72
Created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-71
Mission; duties . . . . . . . . . . . . . . . . . . . . . . . . . 17-73
BUSINESS REGULATIONS
Ambulances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-50, 17-51
Business advisory board . . . . . . . . . . . . . . . . 17-71 et seq.
See: BUSINESS ADVISORY BOARD
Businesses located outside village limits
Application for certificate of regulation 17-34.2
Certificate of business regulation
required; basis of one year. . . . . . . 17-34
Commercial vehicles, marking of. . . . . . 17-34.13
Compliance by principal deemed compli-
ance by agent. . . . . . . . . . . . . . . . . . . 17-34.8
Delinquency penalty . . . . . . . . . . . . . . . . . 17-34.4
Doing business not covered by certificate
of regulation. . . . . . . . . . . . . . . . . . . . 17.34-7
Duplicate certificates of regulation . . . . 17-34.6
Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-34.3
False statements
Certificate obtained void ab initio . . 17-34.7
Engaging in business without
certificate of regulation or under
certificate issued on . . . . . . . . . . 17-34.11
Fee exemptions . . . . . . . . . . . . . . . . . . . . . . 17-34.10
Fee schedule. . . . . . . . . . . . . . . . . . . . . . . . . 17-34.12
Half-year certificate. . . . . . . . . . . . . . . . . . 17-34.3
Issuance of certificate . . . . . . . . . . . . . . . . 17-34.3
Noncompliance of principal . . . . . . . . . . . 17-34.8
Nonprofit enterprise, special permit for 17-34.5
Refund of fee . . . . . . . . . . . . . . . . . . . . . . . . 17-34.9
Registration required. . . . . . . . . . . . . . . . . 17-34.1
Renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-34.4
Suspension or revocation of certificate. 17-34.9
When due and payable . . . . . . . . . . . . . . . 17-34.3
Garage and other sales . . . . . . . . . . . . . . . . . 17-61 et seq.
See: GARAGE AND OTHER SALES
Home occupations . . . . . . . . . . . . . . . . . . . . . . 17-3(a) et seq.
See: HOME OCCUPATIONS
Local business tax
Application for business tax receipt . . . 17-18
Business tax exemptions . . . . . . . . . . . . . 17-31
Business tax imposed; basis of one year 17-16
Business tax receipt renewal;
delinquency penalty. . . . . . . . . . . . . 17-20
Business tax schedule . . . . . . . . . . . . . . . . 17-33
Compliance by principal deemed compli-
ance by agent; noncompliance of
principal . . . . . . . . . . . . . . . . . . . . . . . 17-29
Declaration where fee depends on vari-
able factors within applicant's
knowledge . . . . . . . . . . . . . . . . . . . . . . 17-23
BUSINESS REGULATIONS (Cont'd.)
Doing business not covered by receipt;
receipt obtained by false state-
ments void ab initio . . . . . . . . . . . . . 17-28
Duplicate receipts. . . . . . . . . . . . . . . . . . . . 17-27
Engaging in business without receipt
or under receipt issued on false
statements . . . . . . . . . . . . . . . . . . . . . 17-32
How tax construed as to specified profes-
sions . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-21
Issuance of receipt; duration; half-year
receipt; when due and payable . . . 17-19
Marking of commercial vehicles. . . . . . . 17-33.1
Receipt to be posted or carried . . . . . . . . 17-26
Special permit for nonprofit enterprise 17-22
Suspension or revocation of receipt;
refund of fee . . . . . . . . . . . . . . . . . . . . 17-30
Transfer of receipts to new location . . . 17-25
Transfer of receipts to new owner . . . . . 17-24
Peddlers and solicitors . . . . . . . . . . . . . . . . . . 17-81 et seq.
See: PEDDLERS AND SOLICITORS
Simulated gambling devices. . . . . . . . . . . . . 17-40 et seq.
See: SIMULATED GAMBLING
DEVICES
Wellfield protection
Regulation of business activities with
potential to contaminate land and
water resources . . . . . . . . . . . . . . . . . 19-221
Zoning
Location of business for retail sales of
alcoholic beverages. . . . . . . . . . . . . . 45-20(2),
45-36.N
C-3 Regional Business District . . . . . 45-34.1(9)
C
CABLE TELEVISION. See: TELEVISION
CAMPING
Recreational vehicles and trailers; park-
ing on residential property restricted
in R-1 and R-2 residential zoning
districts. . . . . . . . . . . . . . . . . . . . . . . . . . . 18-35.1
Unauthorized lodging and camping . . . . . . 19-11
CANALS
Construction requirements. . . . . . . . . . . . . . 5-56 et seq.
See: BOATS, DOCKS AND
WATERWAYS
CATS
Regulations enumerated . . . . . . . . . . . . . . . . 4-24 et seq.
See: ANIMALS AND FOWL
CERTIFICATES
Boats, docks and waterways; unlawfully
anchored or moored vessels
Unclaimed vessel to be sold; certifica-
tion of sale . . . . . . . . . . . . . . . . . . . . . 5-22
Businesses located outside village limits,
certificate of business regulations re 17-34 et seq.
See: BUSINESS REGULATIONS
CODE INDEX
Section Section
2939Supp. No. 75
CERTIFICATES (Cont'd.)
Emergency medical services. . . . . . . . . . . . . 11.5-21
Historic site overlay district; certificate of
appropriateness . . . . . . . . . . . . . . . . . . . 45-37(H)
CIVIL DISORDERS AND DISTURBANCES.
See: EMERGENCY MANAGEMENT
CIVIL RIGHTS
Adoption of the Village of North Palm
Beach Civil Rights Act. . . . . . . . . . . . . 1-11(b)
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11(a)
CLERK
Department of records, provisions re vil-
lage clerk and deputy village clerk. . 2-67 et seq.
See: DOCUMENTS AND PUBLIC
RECORDS
CLUBS
Country club . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1 et seq.
See: COUNTRY CLUB
CODE ENFORCEMENT, ALTERNATE
METHOD OF
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
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
Appointment. . . . . . . . . . . . . . . . . . . . . . . . . 2-174(a)
Power and authority . . . . . . . . . . . . . . . . . 2-174(b)
Powers of. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-177
Qualifications. . . . . . . . . . . . . . . . . . . . . . . . 2-174(c)
CODE OF ORDINANCES*
Altering Code . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7
Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6
CODE OF ORDINANCES (Cont'd.)
Catchlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3
Civil rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11
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
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
*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.
NORTH PALM BEACH CODE
Section Section
2940Supp. No. 75
COMMUNICATIONS SERVICES (Cont'd.)
Underground installation; damage to vil-
lage facilities;emergencies;abandon-
ment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29-5
COMMUNITY DEVELOPMENT DEPART-
MENT
Buildings
Appearance code
Site plan and appearance review
Follow-up by community develop-
ment department . . . . . . . . . . 6-60
Director's duties. . . . . . . . . . . . . . . . . . . . . . . . 2-111
Divisions
Code compliance . . . . . . . . . . . . . . . . . . . . . 2-112(2)
Permits and inspections . . . . . . . . . . . . . . 2-112(1)
Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-112(3)
COMPUTATION OF TIME
Definitions and rules of construction. . . . . 1-2
CONCURRENCY MANAGEMENT
Provisions enumerated. . . . . . . . . . . . . . . . . . 21-41 et seq.
See: PLANNING AND DEVELOPMENT
CONTRACTS AND AGREEMENTS
Nuisances
Chronic nuisance property code
Refusal to sign or violation of agree-
ment. . . . . . . . . . . . . . . . . . . . . . . . . 14-96
Pensions and retirement
ICMA defined contribution pension plan
Administrative services agreement
and adoption agreements . . . . . 2-170.19
Planning and development
Concurrency management
Proportionate fair-share program
Proportionate fair-share agree-
ments . . . . . . . . . . . . . . . . . . . . . 21-48(h)
Social security
Agreement authorized. . . . . . . . . . . . . . . . 2-138
COUNCIL. See: VILLAGE COUNCIL
COUNTRY CLUB
Finances
Delinquent accounts; penalties. . . . . . . . 9-32
Golf advisory board. . . . . . . . . . . . . . . . . . . . . 9-16 et seq.
See: GOLF ADVISORY BOARD
Premises
Disfiguration and/or removal of build-
ing or other property . . . . . . . . . . . . 9-1(1)
Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . 9-2
Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1(2)
Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2
Violations and penalties . . . . . . . . . . . . . . 9-2
COUNTY
Definitions and rules of construction. . . . . 1-2
COURTS
Court cost
Assessment of additional court costs for
criminal justice education
expenditures. . . . . . . . . . . . . . . . . . . . 1-9
D
DECALS
Combat Auto Theft (CAT) . . . . . . . . . . . . . . . 18-19
DEPARTMENTS AND OTHER AGENCIES
OF VILLAGE
Administrative code . . . . . . . . . . . . . . . . . . . . 2-39 et seq.
See: ADMINISTRATIVE CODE
Appearance board. See: APPEARANCE
PLAN (Appendix A)
Audit committee. . . . . . . . . . . . . . . . . . . . . . . . 2-56 et seq.
See: AUDITS
Boards and committees . . . . . . . . . . . . . . . . . 2-1
Business advisory board . . . . . . . . . . . . . . . . 17-71 et seq.
See: BUSINESS ADVISORY BOARD
Code enforcement . . . . . . . . . . . . . . . . . . . . . . 2-171 et seq.
Community development department . . . . 2-111 et seq.
See: COMMUNITY DEVELOPMENT
DEPARTMENT
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.
CODE INDEX
Section Section
2941Supp. No. 75
DEPARTMENTS AND OTHER AGENCIES
OF VILLAGE (Cont'd.)
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
DISTRICTS
Zoning regulations. . . . . . . . . . . . . . . . . . . . . . 45-16 et seq.
See: ZONING (Appendix C)
DISTURBANCES. See: CIVIL DISORDERS
AND DISTURBANCES
DOCKS. See: BOATS, DOCKS AND
WATERWAYS
DOCUMENTS AND PUBLIC RECORDS
Department of records
Deputy village clerk
Appointment . . . . . . . . . . . . . . . . . . . . . . 2-68
Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-69
Village clerk; duties
Election records, keeping. . . . . . . . . . . 2-67(5)
Expiration of term, notice of. . . . . . . . 2-67(7)
Official seal, keeping . . . . . . . . . . . . . . 2-67(8)
Record ordinances . . . . . . . . . . . . . . . . . 2-67(3)
Village council
Keep records of council . . . . . . . . . . 2-67(2)
Public council action . . . . . . . . . . . . 2-67(4)
Serve as clerk of council . . . . . . . . . 2-67(1)
Vital statistics, keeping . . . . . . . . . . . . 2-67(6)
Village clerk and deputy village clerk. See
herein: Department of Records
DOGS
Regulations enumerated . . . . . . . . . . . . . . . . 4-24 et seq.
See: ANIMALS AND FOWL
DRAINAGE
Property maintenance standards
Exterior of structures . . . . . . . . . . . . . . . . 15-3
Roofs and drainage . . . . . . . . . . . . . . . . 15-3(g)
Stormwater management . . . . . . . . . . . . . . . 21-61 et seq.
See: STORMWATER MANAGEMENT
Subdivision design standards re ease-
ments and rights-of-way . . . . . . . . . . . 36-22(b)
Zoning; surface water management
C-3 Regional Business District. . . . . . . . 45-34.1(8)
DROUGHT
Water shortage emergencies. . . . . . . . . . . . . 19-200 et seq.
See: WATER SHORTAGE EMERGEN-
CIES
E
ELECTIONS
ELECTIONS (Cont'd.)
Candidacy
Candidates for office; qualifying. . . . . . . 10-5
Preservation of notice of candidacy. . . . 10-6
Conduct of elections . . . . . . . . . . . . . . . . . . . . 10-6
Early voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-7
General elections, notice of. . . . . . . . . . . . . . 10-3
Polling locations
Designated . . . . . . . . . . . . . . . . . . . . . . . . . . 10-76
Special elections
Notice of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-4
When held. . . . . . . . . . . . . . . . . . . . . . . . . . . 10-2
State laws
Applicable state laws adopted. . . . . . . . . 10-1
Voting machines may be used; state law
applicable . . . . . . . . . . . . . . . . . . . . . . 10-7
Village clerk, duties re keeping election
records. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-67(5)
Voting machines may be used; state law
applicable. . . . . . . . . . . . . . . . . . . . . . . . . 10-7
ELECTRICAL CODE
Amendments, corrections, additions . . . . . 11-12
Code enforcement, applicability re. . . . . . . 2-173
EMERGENCIES
Ambulances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-50, 17-51
Communications services . . . . . . . . . . . . . . . 29-5
Emergency management . . . . . . . . . . . . . . . . 8-1 et seq.
See: EMERGENCY MANAGEMENT
Emergency medical services
Fees
Billing and collection . . . . . . . . . . . . . . 11.5-23
Establishment. . . . . . . . . . . . . . . . . . . . . 11.5-22
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.5-21
Fire rescue department . . . . . . . . . . . . . . . . . 2-81 et seq.
See: FIRE RESCUE DEPARTMENT
Water shortage emergencies. . . . . . . . . . . . . 19-200 et seq.
See: WATER SHORTAGE EMERGEN-
CIES
EMERGENCY MANAGEMENT
Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2
Civil disorders and disturbances
Declaration of a state of emergency . . . 8-22
Mayor designated local authority for
preservation of public peace . . . . . 8-21
Declaration of a state of emergency. . . . . . 8-5
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1
Emergency management structure. . . . . . . 8-3
Exempt employee emergency duty
Compensation . . . . . . . . . . . . . . . . . . . . . . . 8-31
Powers, duties and responsibilities . . . . . . 8-4
Termination of a state of emergency . . . . . 8-6
EMPLOYEES. See: OFFICERS AND
EMPLOYEES
ENCLOSURES. See: FENCES, WALLS,
HEDGES AND ENCLOSURES
NORTH PALM BEACH CODE
Section Section
2942Supp. No. 75
ENVIRONMENTAL CONCERNS
Environmental committee. . . . . . . . . . . . . . . 24-61 et seq.
See: STREETS, SIDEWALKS AND
PUBLIC PLACES
EROSION CONTROL STRUCTURES
Construction regulations. . . . . . . . . . . . . . . . 5-93 et seq.
See: BOATS, DOCKS AND
WATERWAYS
EXCAVATIONS
Fill permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1 et seq.
See: FILL PERMITS
Stormwater management . . . . . . . . . . . . . . . 21-61 et seq.
See: STORMWATER MANAGEMENT
EXCRETA
Dog waste, removal provisions re . . . . . . . . 4-31, 4-32
F
FENCES, WALLS, HEDGES AND
ENCLOSURES
Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-81 et seq.
See: ZONING (Appendix C)
Swimming pool requirements. . . . . . . . . . . . 25-5
FERTILIZER-FRIENDLY USE ORDINANCE
Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-75
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-72
Enforcement; penalties; appeals . . . . . . . . . 27-84
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-84(d)
Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . 27-84(a)
Disposition of penalty funds . . . . . . . . . . 27-84(c)
Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-84(b)
Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-81
Fertilizer
Application practices . . . . . . . . . . . . . . . . . 27-79
Content and application rates. . . . . . . . . 27-78
Free zones. . . . . . . . . . . . . . . . . . . . . . . . . . . 27-77
Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-73
Licensing of commercial applicators . . . . . 27-83
Management of grass clippings and vegeta-
tive matter. . . . . . . . . . . . . . . . . . . . . . . . 27-80
Purpose and intent . . . . . . . . . . . . . . . . . . . . . 27-74
Timing of fertilizer application . . . . . . . . . . 27-76
Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-71
Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-82
FILL PERMITS
Code enforcement, applicability re. . . . . . . 2-173
Filling operations beyond property line;
prohibited. . . . . . . . . . . . . . . . . . . . . . . . . 7-1
Filling permit
Application fees. . . . . . . . . . . . . . . . . . . . . . 7-19
Application; issuance. . . . . . . . . . . . . . . . . 7-18
Expiration date; renewal; revocation . . 7-20
Public hearing prerequisite to
consideration . . . . . . . . . . . . . . . . . . . 7-17
Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-16
Unlawful fill; removal. . . . . . . . . . . . . . . . . . . 7-2
FINANCES
Budget procedures. . . . . . . . . . . . . . . . . . . . . . 2-2
Country club
Delinquent accounts; penalties. . . . . . . . 9-32
Court cost
Assessment of additional court costs for
criminal justice education
expenditures. . . . . . . . . . . . . . . . . . . . 1-9
Department of finance
Finance director; duties
Accounts of receipts and expenditures 2-59(8)
Budget duties . . . . . . . . . . . . . . . . . . . . . 2-59(2)
Cancellation of evidences of old debt 2-59(9)
Collect moneys and fees due village. 2-59(12)
Examine books . . . . . . . . . . . . . . . . . . . . 2-59(6)
Financial statements . . . . . . . . . . . . . . 2-59(3)
Fiscal supervision over officers . . . . . 2-59(5)
Keep accounts. . . . . . . . . . . . . . . . . . . . . 2-59(4)
Pay village employees. . . . . . . . . . . . . . 2-59(11)
Prescribe form. . . . . . . . . . . . . . . . . . . . . 2-59(1)
Receive and disburse moneys. . . . . . . 2-59(10)
Responsibility for proceeds of bonds 2-59(7)
Emergency management
Exempt employee emergency duty
Compensation . . . . . . . . . . . . . . . . . . . . . 8-31
Investment policy of the village . . . . . . . . . 2-4
Pensions and retirement. See also that
subject
Length of service award plan for
volunteer firefighters. . . . . . . . . . . . 2-170 et seq.
Pension and certain other benefits for
fire and police employees . . . . . . . . 2-159 et seq.
Pension and certain other benefits for
general employees . . . . . . . . . . . . . . 2-146 et seq.
Planning and development; filing fees and
cost for changes . . . . . . . . . . . . . . . . . . . 21-1, 21-2
Social security. . . . . . . . . . . . . . . . . . . . . . . . . . 2-136 et seq.
See: SOCIAL SECURITY
Taxation. See that subject
Village manager. . . . . . . . . . . . . . . . . . . . . . . . 2-118
FINES, FORFEITURES AND OTHER
PENALTIES
Code enforcement; fines and liens . . . . . . . 2-178
Code of ordinances, provisions re general
penalty, continuing violations, and
prosecution costs . . . . . . . . . . . . . . . . . . 1-8
Parking violation . . . . . . . . . . . . . . . . . . . . . . . 18-37, 18-38
Pension and certain other benefits for fire
and police employees
Board of trustees for; forfeiture of
membership on board for absentee-
ism. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-164(b)
Contributions; forfeitures. . . . . . . . . . . . . 2-163(d)
FIRE PREVENTION AND PROTECTION
Barbecue grills and similar cooking devices 19-10
Code enforcement, applicability re. . . . . . . 2-173
Fire rescue department . . . . . . . . . . . . . . . . . 2-81 et seq.
See: FIRE RESCUE DEPARTMENT
CODE INDEX
Section Section
2943Supp. No. 75
FIRE PREVENTION AND PROTECTION
(Cont'd.)
Florida fire prevention code
Adopted by reference. . . . . . . . . . . . . . . . . 12-16
Annual fire inspection and establish-
ment of fee schedule . . . . . . . . . . . . 12-17
Review of construction plans and fire
suppression, detection and alarm
systems and establishment of fee
schedule. . . . . . . . . . . . . . . . . . . . . . . . 12-18
Hazardous substances, cost recovery for
cleanup, abatement and removal of
Authority of public safety fire rescue
department . . . . . . . . . . . . . . . . . . . . . 12-102
Cost reimbursement to village . . . . . . . . 12-103
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 12-101
Exceptions for fire suppression services 12-105
Late fee for failure to reimbursement . 12-106
Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-104
Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-107
Pension and certain other benefits for fire
and police employees . . . . . . . . . . . . . . 2-159 et seq.
See: PENSIONS AND RETIREMENT
Volunteer firefighters, length of service
award plan for . . . . . . . . . . . . . . . . . . . . 2-170 et seq.
See: PENSIONS AND RETIREMENT
FIRE RESCUE DEPARTMENT
Composition. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-83
Emergency medical services. . . . . . . . . . . . . 11.5-21 et seq.
See: EMERGENCIES
Fire chief's duties. . . . . . . . . . . . . . . . . . . . . . . 2-81
Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-82
Disaster response . . . . . . . . . . . . . . . . . . . . 2-82(6)
Emergency medical services . . . . . . . . . . 2-82(5)
Fire fighting . . . . . . . . . . . . . . . . . . . . . . . . . 2-82(3)
Fire prevention . . . . . . . . . . . . . . . . . . . . . . 2-82(4)
Maintain equipment . . . . . . . . . . . . . . . . . 2-82(2)
Report losses . . . . . . . . . . . . . . . . . . . . . . . . 2-82(1)
Interference with police and fire rescue
department telephone trunk lines
prohibited. . . . . . . . . . . . . . . . . . . . . . . . . 19-215
FIREARMS AND WEAPONS
Concealed weapons, carrying . . . . . . . . . . . . 19-184
Forfeiture; disposition. . . . . . . . . . . . . . . . . . . 19-186
Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-183
Sales restricted
Record of sales required . . . . . . . . . . . . . . 19-185(c)
Specified weapons, display and sale of. 19-185(b)
Switchblade knives prohibited . . . . . . . . 19-185(a)
Stench bombs prohibited. . . . . . . . . . . . . . . . 19-82
See: STENCH BOMBS
FLOOD DAMAGE PREVENTION
Administration
General provisions . . . . . . . . . . . . . . . . . . . 12.5-1
Coordination with the Florida Build-
ing Code . . . . . . . . . . . . . . . . . . . . . 12.5-1(d)
Disclaimer of liability. . . . . . . . . . . . . . 12.5-1(f)
Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-1(c)
FLOOD DAMAGE PREVENTION (Cont'd.)
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-1(b)
Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-1(a)
Warning . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-1(e)
Applicability. . . . . . . . . . . . . . . . . . . . . . . . . 12.5-2
Abrogation and greater restrictions. 12.5-2(f)
Areas to which chapter applies . . . . . 12.5-2(b)
Basis for establishing flood hazard
areas . . . . . . . . . . . . . . . . . . . . . . . . 12.5-2(c)
General . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-2(a)
Interpretation . . . . . . . . . . . . . . . . . . . . . 12.5-2(g)
Other laws . . . . . . . . . . . . . . . . . . . . . . . . 12.5-2(e)
Submission of additional data to
establish flood hazard areas. . . 12.5-2(d)
Duties and powers of the floodplain
administrator. . . . . . . . . . . . . . . . . . . 12.5-3
Applications and permits. . . . . . . . . . . 12.5-3(c)
Designation . . . . . . . . . . . . . . . . . . . . . . . 12.5-3(a)
Floodplain management records . . . . 12.5-3(i)
General . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-3(b)
Inspections. . . . . . . . . . . . . . . . . . . . . . . . 12.5-3(g)
Modifications of the strict applica-
tion of the requirements of the
Florida Building Code . . . . . . . . 12.5-3(e)
Notices and orders. . . . . . . . . . . . . . . . . 12.5-3(f)
Other duties of the Floodplain
Administrator . . . . . . . . . . . . . . . . 12.5-3(h)
Substantial improvement and
substantial damage determina-
tions. . . . . . . . . . . . . . . . . . . . . . . . . 12.5-3(d)
Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-6
Buildings, structures and facilities
exempt from the Florida Build-
ing Code . . . . . . . . . . . . . . . . . . . . . 12.5-5(c)
Final inspection. . . . . . . . . . . . . . . . . 12.5-5(e)
Lowest floor inspection . . . . . . . . . . 12.5-5(d)
Development other than buildings
and structures. . . . . . . . . . . . . . . . 12.5-5(b)
General . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-5(a)
Manufactured homes . . . . . . . . . . . . . . 12.5-5(f)
Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-4
Application for a permit or approval. . . 12.5-4(d)
Buildings, structures and facilities
exempt from the Florida Build-
ing Code . . . . . . . . . . . . . . . . . . . . . 12.5-4(c)
Expiration . . . . . . . . . . . . . . . . . . . . . . . . 12.5-4(f)
Floodplain development permits or
approvals . . . . . . . . . . . . . . . . . . . . 12.5-4(b)
Other permits required . . . . . . . . . . . . 12.5-4(h)
Permits required . . . . . . . . . . . . . . . . . . 12.5-4(a)
Suspension or revocation. . . . . . . . . . . 12.5-4(g)
Validity of permit or approval . . . . . . 12.5-4(e)
Site plans and construction documents 12.5-5
Additional analyses and certifica-
tions. . . . . . . . . . . . . . . . . . . . . . . . . 12.5-5(c)
Information for development in flood
hazard areas . . . . . . . . . . . . . . . . . 12.5-5(a)
Information in flood hazard areas
without base flood elevations. . 12.5-5(b)
Submission of additional data . . . . . . 12.5-5(d)
NORTH PALM BEACH CODE
Section Section
2944Supp. No. 75
FLOOD DAMAGE PREVENTION (Cont'd.)
Variances and appeals. . . . . . . . . . . . . . . . 12.5-7
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-7(b)
Conditions for issuance of variances 12.5-7(h)
Considerations for issuance of vari-
ances . . . . . . . . . . . . . . . . . . . . . . . . 12.5-7(g)
Functionally dependent uses . . . . . . . 12.5-7(f)
General . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-7(a)
Historic buildings . . . . . . . . . . . . . . . . . 12.5-7(e)
Limitations on authority to grant
variances . . . . . . . . . . . . . . . . . . . . 12.5-7(c)
Restrictions in floodways. . . . . . . . . . . 12.5-7(d)
Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-8
Authority . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-8(b)
Penalties for noncompliance. . . . . . . . 12.5-8(d)
Unlawful continuance. . . . . . . . . . . . . . 12.5-8(c)
Violations . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-8(a)
Definitions
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-21
Definitions . . . . . . . . . . . . . . . . . . . . . . . . 12.5-21(d)
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-21(a)
Terms
Defined in the Florida Building
Code . . . . . . . . . . . . . . . . . . . . . . 12.5-21(b)
Not defined. . . . . . . . . . . . . . . . . . . . . 12.5-21(c)
Flood resistant development
Buildings and structures . . . . . . . . . . . . . 12.5-31
Buildings and structures seaward of
the coastal construction control
line . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-31(b)
Critical facilities. . . . . . . . . . . . . . . . . . . 12.5-31(c)
Design and construction of build-
ings, structures and facilities
exempt from the Florida Build-
ing Code . . . . . . . . . . . . . . . . . . . . . 12.5-31(a)
Manufactured homes. . . . . . . . . . . . . . . . . 12.5-34
Anchoring. . . . . . . . . . . . . . . . . . . . . . . . . 12.5-34(c)
Elevation . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-34(d)
General requirement . . . . . . . . . . . . 12.5-34(e)
Requirement for certain existing
manufactured home parks
and subdivisions . . . . . . . . . . . 12.5-34(f)
Enclosures . . . . . . . . . . . . . . . . . . . . . . . . 12.5-34(g)
Foundations. . . . . . . . . . . . . . . . . . . . . . . 12.5-34(b)
General . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-34(a)
Utility equipment . . . . . . . . . . . . . . . . . 12.5-34(h)
Other development. . . . . . . . . . . . . . . . . . . 12.5-37
Concrete slab uses in coastal high
hazard areas . . . . . . . . . . . . . . . . . 12.5-37(e)
Decks and patios in coastal high
hazard areas . . . . . . . . . . . . . . . . . 12.5-37(f)
Fences in regulated floodways . . . . . . 12.5-37(b)
General requirements for other
development . . . . . . . . . . . . . . . . . 12.5-37(a)
Nonstructural fill in coastal high
hazard areas . . . . . . . . . . . . . . . . . 12.5-37(h)
Other development in coastal high
hazard areas . . . . . . . . . . . . . . . . . 12.5-37(g)
FLOOD DAMAGE PREVENTION (Cont'd.)
Retaining walls, sidewalks and
driveways in regulated flood-
ways. . . . . . . . . . . . . . . . . . . . . . . . . 12.5-37(c)
Roads and watercourse crossings in
regulated floodways. . . . . . . . . . . 12.5-37(d)
Recreational vehicles and park trailers 12.5-35
Permanent placement. . . . . . . . . . . . . . 12.5-35)b)
Temporary placement. . . . . . . . . . . . . . 12.5-35(a)
Site improvements, utilities and limita-
tions . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-33
Limitations on
Placement of fill . . . . . . . . . . . . . . . . 12.5-33(e)
Sites in coastal high hazard areas 12.5-33(f)
Sites in regulatory floodways . . . . 12.5-33(d)
Minimum requirements. . . . . . . . . . . . 12.5-33(a)
Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-32
Minimum requirements. . . . . . . . . . . . 12.5-32(a)
Subdivision plats . . . . . . . . . . . . . . . . . . 12.5-32(b)
Tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-36
Above-ground tanks
Elevated. . . . . . . . . . . . . . . . . . . . . . . . 12.5-35(c)
Not elevated . . . . . . . . . . . . . . . . . . . . 12.5-35(b)
Tank inlets and vents. . . . . . . . . . . . . . 12.5-35(d)
Underground tanks. . . . . . . . . . . . . . . . 12.5-35(a)
FLORIDA, STATE OF. See: STATE
FOLLOWING, PRECEDING
Definitions and rules of construction. . . . . 1-2
FOOD AND FOOD PREPARATION
Barbecue grills and similar cooking devices 19-10
FORFEITURES. See: FINES,
FORFEITURES AND OTHER PENAL-
TIES
FOWL. See: ANIMALS AND FOWL
FRANCHISES
Enumerated. See Appendix D
Use of rights-of-way for utilities . . . . . . . . . 28-1 et seq.
See: UTILITIES
G
GAMBLING
Animals, causing to fight. . . . . . . . . . . . . . . . 4-8
Simulated gambling devices. . . . . . . . . . . . . 17-40 et seq.
See: SIMULATED GAMBLING
DEVICES
GARAGE AND OTHER SALES
Garage sales . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-61
Permit required . . . . . . . . . . . . . . . . . . . . . . . . 17-62
Violations and penalties . . . . . . . . . . . . . . . . 17-63
GARBAGE AND TRASH
Abatement of public nuisances on private
property . . . . . . . . . . . . . . . . . . . . . . . . . . 14-79 et seq.
See: NUISANCES
Boats; refuse disposal. . . . . . . . . . . . . . . . . . . 5-12
CODE INDEX
Section Section
2945Supp. No. 75
GARBAGE AND TRASH (Cont'd.)
Garbage collection and disposal
Charges
Commercial use property waste
disposal fees and collection
procedures . . . . . . . . . . . . . . . . . . . 14-30
Fee for excess amounts from com-
mercial establishments . . . . . . . 14-28
Generally . . . . . . . . . . . . . . . . . . . . . . . . . 14-27
When and where paid. . . . . . . . . . . . . . 14-29
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-23
Frequency of collection . . . . . . . . . . . . . . . 14-26
Garbage cans
Kept covered . . . . . . . . . . . . . . . . . . . . . . 14-25
Required. . . . . . . . . . . . . . . . . . . . . . . . . . 14-24
Public works department
Refuse disposal division . . . . . . . . . . . . . . 2-85(2)
GATHERINGS. See: ASSEMBLIES
GENDER
Definitions and rules of construction. . . . . 1-2
GOLF ADVISORY BOARD
Composition and terms . . . . . . . . . . . . . . . . . 9-17
Composition . . . . . . . . . . . . . . . . . . . . . . . . . 9-17(a)
Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-17(b)
Creation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-16
Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-18
GUNS. See: FIREARMS AND WEAPONS
H
HANDBILLS
Distribution restricted . . . . . . . . . . . . . . . . . . 19-7
HANDGUNS. See: FIREARMS AND
WEAPONS
HANDICAPPED PERSONS. See: DISABLED
AND HANDICAPPED PERSONS
HAZARDOUS SUBSTANCES
Recovery of costs for cleanup, abatement
and removal. . . . . . . . . . . . . . . . . . . . . . . 12-101 et seq.
See: FIRE PREVENTION AND
PROTECTION
HEALTH AND SANITATION
Abatement of public nuisances on private
property . . . . . . . . . . . . . . . . . . . . . . . . . . 14-79 et seq.
See: NUISANCES
Animals and fowl, provisions re . . . . . . . . . 4-11 et seq.
See: ANIMALS AND FOWL
Bathing regulations
Diseased persons prohibited from bath-
ing in public pool, etc. . . . . . . . . . . . 19-3
Boats, docks, etc., provisions re. . . . . . . . . . 5-10 et seq.
See: BOATS, DOCKS AND
WATERWAYS
Chronic nuisance property code . . . . . . . . . 14-91 et seq.
See: NUISANCES
HEALTH AND SANITATION (Cont'd.)
Code enforcement, applicability re. . . . . . . 2-173
Garbage and trash. . . . . . . . . . . . . . . . . . . . . . 14-23 et seq.
See: GARBAGE AND TRASH
Park and recreation facilities; failure to
cooperate in keeping restrooms neat
or sanitary . . . . . . . . . . . . . . . . . . . . . . . . 20-2
Property maintenance standards
Exterior property areas. . . . . . . . . . . . . . . 15-2
Sanitation. . . . . . . . . . . . . . . . . . . . . . . . . 15-2(a)
Rabies control . . . . . . . . . . . . . . . . . . . . . . . . . . 4-42 et seq.
See: ANIMALS AND FOWL
HEDGES. See: FENCES, WALLS, HEDGES
AND ENCLOSURES
HITCHHIKING
Prohibitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-6
HOME OCCUPATIONS
Customer service requirements and
performance standards. . . . . . . . . . . . . 17-2
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-3(b)
Effective date . . . . . . . . . . . . . . . . . . . . . . . . . . 17-3(i)
Local business tax. See also that subject
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-16 et seq.
Home occupation provisions
Affidavit of applicant required. . . . . . 17-3(e)
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-3(g)
Requirement of business tax receipt 17-3(c)
Permitted uses, home occupations as . . . . 17-3(a)
Repeal of ordinances. . . . . . . . . . . . . . . . . . . . 17-3(h)
Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-3(d)
Violation of standards or conditions deemed
a Code violation . . . . . . . . . . . . . . . . . . . 17-3(f)
HOUSING
Abandoned real property. . . . . . . . . . . . . . . . 15-11 et seq.
See: PROPERTY
Boats, docks and waterways
Live aboard boats . . . . . . . . . . . . . . . . . . . . 5-15, 5-25
Minimum housing standards . . . . . . . . . . . . 15-27 et seq.
See: PROPERTY
Property maintenance standards . . . . . . . . 15-1 et seq.
See: PROPERTY
HOUSING CODE
Adopted by reference . . . . . . . . . . . . . . . . . . . 15-1
Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-2
Code enforcement, applicability re. . . . . . . 2-173
I
IMPERSONATION
Impersonating police officer; fireman or
other village official . . . . . . . . . . . . . . . 19-8
IMPOUNDMENT
Boats, docks and waterways; unlawfully
anchored or moored vessels
Department of law enforcement to
impound. . . . . . . . . . . . . . . . . . . . . . . . 5-19
NORTH PALM BEACH CODE
Section Section
2946Supp. No. 75
IMPOUNDMENT (Cont'd.)
Owner to be notified upon impound-
ment . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-20, 5-21
Dogs and cats . . . . . . . . . . . . . . . . . . . . . . . . . . 4-30
INDECENCY AND OBSCENITY
Adult entertainment establishments
Zoning regulations re. See: ZONING
(Appendix C)
Alcoholic beverage establishments; nudity,
partial nudity, sexual conduct
prohibited. . . . . . . . . . . . . . . . . . . . . . . . . 3-4
Topless costumes . . . . . . . . . . . . . . . . . . . . . . . 19-64
Vulgar language. . . . . . . . . . . . . . . . . . . . . . . . 19-65
Window peeping. . . . . . . . . . . . . . . . . . . . . . . . 19-66
INSURANCE EXCISE TAXES
Casualty insurance premiums. . . . . . . . . . . 26-16
Property insurance premiums . . . . . . . . . . . 26-17
INTRACOASTAL WATERWAY
Marine sanctuary, designation as. . . . . . . . 5-101
INVESTMENTS
Investment policy of the village . . . . . . . . . 2-4
J
JOINT AUTHORITY
Definitions and rules of construction. . . . . 1-2
K
KNIVES. See: FIREARMS AND WEAPONS
L
LAKE WORTH
Marine sanctuary, designation as. . . . . . . . 5-101
Regulations governing construction of
docks, piers in Lake Worth and
Atlantic Ocean . . . . . . . . . . . . . . . . . . . . 5-85
LAND
Buildings; construction on public land
prohibited. . . . . . . . . . . . . . . . . . . . . . . . . 6-1
Planning and development . . . . . . . . . . . . . . 21-01 et seq.
See: PLANNING AND DEVELOPMENT
Subdivision regulations . . . . . . . . . . . . . . . . . 36-1 et seq.
See: SUBDIVISIONS (Appendix B)
LANDSCAPING
Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-81 et seq.
See: ZONING (Appendix C)
LAW ENFORCEMENT, DEPARTMENT OF
(POLICE DEPARTMENT)
Boats, docks and waterways; unlawfully
anchored or moored vessels
Department of law enforcement to
impound. . . . . . . . . . . . . . . . . . . . . . . . 5-19
Chief of police's duties . . . . . . . . . . . . . . . . . . 2-75
LAW ENFORCEMENT, DEPARTMENT OF
(POLICE DEPARTMENT) (Cont'd.)
Composition. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-76
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-76(a)
Operations division . . . . . . . . . . . . . . . . . . 2-76(b)
Operations support division. . . . . . . . . . . 2-76(c)
LIBRARY
Damaging property unlawful . . . . . . . . . . . . 16-1
Department of library
Librarian. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-93
Library board
Appointment. . . . . . . . . . . . . . . . . . . . . . . . . 16-17
Composition . . . . . . . . . . . . . . . . . . . . . . . . . 16-17
Established. . . . . . . . . . . . . . . . . . . . . . . . . . 16-16
Organization. . . . . . . . . . . . . . . . . . . . . . . . . 16-18
Powers and duties. . . . . . . . . . . . . . . . . . . . 16-19
Term of office . . . . . . . . . . . . . . . . . . . . . . . . 16-17
LICENSES AND PERMITS
Alarm permit . . . . . . . . . . . . . . . . . . . . . . . . . . 19-208 et seq.
See: ALARMS
Boat launching area permits . . . . . . . . . . . . 5-34
Bulkheads and seawalls. . . . . . . . . . . . . . . . . 5-72
Code enforcement, applicability re. . . . . . . 2-173
Communications services
Suspension or denial of permits. . . . . . . 29-7
Community development department
Permits and inspections . . . . . . . . . . . . . . 2-112(1)
Driveways. See herein: Sidewalk and
Driveway Permits
Emergency medical services. . . . . . . . . . . . . 11.5-21
Fill permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-16 et seq.
See: FILL PERMITS
Flood damage prevention development
permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.5-22
Garage, related sales . . . . . . . . . . . . . . . . . . . 17-62
Home occupations. See also that subject
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-16 et seq.
Business tax receipt for home occupa-
tions. . . . . . . . . . . . . . . . . . . . . . . . . 17-3(c) et seq.
Park and recreation facilities; meeting
and gathering permits . . . . . . . . . . . . . 20-31 et seq.
See: PARKS, PLAYGROUNDS AND
RECREATION
Peddlers and solicitors permit . . . . . . . . . . . 17-83 et seq.
See: PEDDLERS AND SOLICITORS
Seawalls. See herein: Bulkheads and
Seawalls
Sidewalk and driveway permits . . . . . . . . . 24-55 et seq.
See: STREETS, SIDEWALKS AND
PUBLIC PLACES
Street excavation permits . . . . . . . . . . . . . . . 24-28, 24-29
Swimming pool permits . . . . . . . . . . . . . . . . . 25-3
Utilities
Use of rights-of-way for utilities; writ-
ten permit . . . . . . . . . . . . . . . . . . . . . . 28-2, 28-3
LOCAL BUSINESS TAX
Regulations enumerated . . . . . . . . . . . . . . . . 17-16 et seq.
See: BUSINESS REGULATIONS
CODE INDEX
Section Section
2947Supp. No. 75
LODGING
Unauthorized lodging and camping . . . . . . 19-11
LOGO
Village logo . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10
LOTS
Subdivision design standards. . . . . . . . . . . . 36-18
Zoning regulations. . . . . . . . . . . . . . . . . . . . . . 45-1 et seq.
See: ZONING (Appendix C)
M
MANAGER. See: VILLAGE MANAGER
MANGROVE STANDS
Flood damage prevention provisions . . . . . 12.5-45
MAPS. See: SURVEYS, MAPS AND PLATS
MARINE SANCTUARIES
Designated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-101
MAY, SHALL
Definitions and rules of construction. . . . . 1-2
MAYOR
Civil disorders and disturbances
Mayor designated local authority for
preservation of public peace . . . . . 8-21
Village council; presiding officer at meet-
ings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-18
MEASURES. See: WEIGHTS AND
MEASURES
MEDICAL SERVICES
Emergency medical services. . . . . . . . . . . . . 11.5-21 et seq.
See: EMERGENCIES
MEETINGS. See: ASSEMBLIES
MISSILES, STONES, ETC.
Throwing missiles . . . . . . . . . . . . . . . . . . . . . . 19-83
MONTH
Definitions and rules of construction. . . . . 1-2
MONUMENTS
Subdivisions, required improvements re . 36-27
MOTOR VEHICLES AND TRAFFIC
Ambulances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-50, 17-51
Businesses located outside village limits;
marking of commercial vehicles . . . . 17-34.13
Combat Auto Theft (CAT) . . . . . . . . . . . . . . . 18-19
Discarded vehicles, etc.)
Abatement of public nuisances on private
property. . . . . . . . . . . . . . . . . . . . . . . . 14-79 et seq.
See: NUISANCES
Hitchhiking prohibited. . . . . . . . . . . . . . . . . . 19-6
Local business tax; marking of com-
mercial vehicles . . . . . . . . . . . . . . . . . . . 17-33.1
Motorized scooters. . . . . . . . . . . . . . . . . . . . . . 18-20
Park regulations re traffic. . . . . . . . . . . . . . . 20-5
MOTOR VEHICLES AND TRAFFIC (Cont'd.)
Parking. See herein: Stopping, Standing
and Parking
Property maintenance standards
Exterior property areas. . . . . . . . . . . . . . . 15-2
Motor vehicles. . . . . . . . . . . . . . . . . . . . . 15-2(i)
Stopping, standing and parking
Boats and boat trailers; parking on
residential property restricted in
R-1 and R-2 residential zoning
districts . . . . . . . . . . . . . . . . . . . . . . . . 18-35
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 18-33
Parking restricted. . . . . . . . . . . . . . . . . . . . 18-34
Recreational vehicles and trailers;park-
ing on residential property
restricted in R-1 and R-2
residential zoning districts . . . . . . 18-35.1
Signs, parking in violation of . . . . . . . . . 18-36
Vehicle, trailer or boat parking
prohibited upon paved or unpaved
area of the road right-of-way of
specific roadways . . . . . . . . . . . . . . . 18-34.1
Violations; fines
Handicap spaces. . . . . . . . . . . . . . . . . . . 18-37
Non-handicap spaces . . . . . . . . . . . . . . 18-38
Vehicular operation
Speed limits
Generally . . . . . . . . . . . . . . . . . . . . . . . . . 18-16
Weight limitations on certain roads . . . 18-18
N
NOISE CONTROL
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-99
Dissemination of information. . . . . . . . . . . . 19-106
Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-104
Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-101
Permissible time for construction activity 19-105
Prohibition against
Speakers in rights-of-way and air space 19-102
Unreasonable noise . . . . . . . . . . . . . . . . . . 19-100
Radios or other mechanical sound-making
devices or instruments in vessels,
operation of . . . . . . . . . . . . . . . . . . . . . . . 19-103
NUDITY
Topless costumes prohibited. . . . . . . . . . . . . 19-64
NUISANCES
Abandoned real property. . . . . . . . . . . . . . . . 15-11 et seq.
See: PROPERTY
Abatement of public nuisances on private
property
Abatement of public nuisance. . . . . . . . . 14-82
Assessment of costs and imposition of
lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-83
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 14-79
Notice of public nuisance;right to request
hearing. . . . . . . . . . . . . . . . . . . . . . . . . 14-81
Uses or activities constituting a public
nuisance. . . . . . . . . . . . . . . . . . . . . . . . 14-80
NORTH PALM BEACH CODE
Section Section
2948Supp. No. 75
NUISANCES (Cont'd.)
Animals creating nuisances . . . . . . . . . . . . . 4-12
Chronic nuisance property code
Abatement of chronic nuisances;
apportionment . . . . . . . . . . . . . . . . . . 14-98
Change in title to chronic nuisance
property. . . . . . . . . . . . . . . . . . . . . . . . 14-101
Construction and application . . . . . . . . . 14-93
Construction of article. . . . . . . . . . . . . . . . 14-102
Declaration of chronic nuisance; action
plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-95
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 14-92
Establishment of costs; billing of costs;
assessment of lien. . . . . . . . . . . . . . . 14-99
Hearing before the special magistrate;
entry of chronic nuisance order . . 14-97
Method of notice; construction . . . . . . . . 14-100
Purpose and intent. . . . . . . . . . . . . . . . . . . 14-91
Refusal to sign or violation of agree-
ment . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-96
Separate occurrences. . . . . . . . . . . . . . . . . 14-94
False alarms
Excessive false alarms declared public
nuisance. . . . . . . . . . . . . . . . . . . . . . . . 19-212
Panhandling . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-12
Rabid animals declared nuisance . . . . . . . . 4-42
NUMBER
Definitions and rules of construction. . . . . 1-2
O
OATH, AFFIRMATION, SWEAR OR SWORN
Administrative code, provisions re oaths
of office . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-41
Definitions and rules of construction. . . . . 1-2
General employees retirement board;oaths
of office . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-154
Reserve police force; oath required. . . . . . . 23-47
OBSCENITY. See: INDECENCY AND
OBSCENITY
OBSTRUCTIONS
Passageways, obstructing . . . . . . . . . . . . . . . 19-47
OFFENSES
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-1
Enumerated. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-3 et seq.
See also specific offenses as indexed
State misdemeanors adopted . . . . . . . . . . . . 19-2
OFFICERS AND EMPLOYEES
Administrative code . . . . . . . . . . . . . . . . . . . . 2-39 et seq.
See: ADMINISTRATIVE CODE
Chief of police's duties . . . . . . . . . . . . . . . . . . 2-75
Definitions and rules of construction. . . . . 1-2
Elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1 et seq.
See: ELECTIONS
Emergency management
Exempt employee emergency duty
Compensation . . . . . . . . . . . . . . . . . . . . . 8-31
OFFICERS AND EMPLOYEES (Cont'd.)
Finance director. . . . . . . . . . . . . . . . . . . . . . . . 2-59
Fire chief's duties. . . . . . . . . . . . . . . . . . . . . . . 2-81
Golf advisory board. . . . . . . . . . . . . . . . . . . . . 9-16 et seq.
See: GOLF ADVISORY BOARD
Impersonating village official. . . . . . . . . . . . 19-8
Librarian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-93
Mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-18, 8-16
Pensions and retirement. See also that
subject
Length of service award plan for
volunteer firefighters. . . . . . . . . . . . 2-170 et seq.
Pension and certain other benefits for
fire and police employees . . . . . . . . 2-159 et seq.
Pension and certain other benefits for
general employees . . . . . . . . . . . . . . 2-146 et seq.
Social security . . . . . . . . . . . . . . . . . . . . . . . 2-136 et seq.
Police
Reserve force
Appointment to service by chief of
police . . . . . . . . . . . . . . . . . . . . . . . . 23-45
Public works director . . . . . . . . . . . . . . . . . . . 2-84
Recreation director . . . . . . . . . . . . . . . . . . . . . 2-110
Social security. . . . . . . . . . . . . . . . . . . . . . . . . . 2-136 et seq.
See: SOCIAL SECURITY
Village clerk and deputy village clerk. . . . 2-67 et seq.
See: DOCUMENTS AND PUBLIC
RECORDS
Village manager. . . . . . . . . . . . . . . . . . . . . . . . 2-115 et seq.
See: VILLAGE MANAGER
OFFICIAL TIME
Definitions and rules of construction. . . . . 1-2
OPEN SPACES. See: YARDS AND OPEN
SPACES
ORDINANCES. See: CODE OF
ORDINANCES
OWNER
Definitions and rules of construction. . . . . 1-2
P
PALM BEACH COUNTY. See: COUNTY
PARKING
Boat launching area
Vehicle/trailer parking in designated
areas. . . . . . . . . . . . . . . . . . . . . . . . . . . 5-35
Parks; designated parking areas. . . . . . . . . 20-5(6)
Stopping, standing and parking . . . . . . . . . 18-34 et seq.
See: MOTOR VEHICLES AND TRAF-
FIC
Zoning, provisions re off-street parking . . 45-27 et seq.
See: ZONING (Appendix C)
PARKS, PLAYGROUNDS AND
RECREATION
Alcoholic beverages
Consumption on playgrounds and public
parks. . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
CODE INDEX
Section Section
2949Supp. No. 75
PARKS, PLAYGROUNDS AND
RECREATION (Cont'd.)
Bicycles
Operation in safe manner, etc. . . . . . . . . 20-6(2)
Operation prohibited in certain areas . 20-6(1)
Boat launching areas
Vehicle/trailer parking in designated
areas. . . . . . . . . . . . . . . . . . . . . . . . . . . 5-35
Buildings or structure, erecting . . . . . . . . . 20-3
Commercial activities prohibited . . . . . . . . 20-10
Department of recreation
Director's duties
Conduct community activity. . . . . . . . 2-110(2)
Supervise recreation areas . . . . . . . . . 2-110(1)
Ejectment of violators. . . . . . . . . . . . . . . . . . . 20-8
Enforcement of provisions, responsibility. 20-7
Golf advisory board. . . . . . . . . . . . . . . . . . . . . 9-16 et seq.
See: GOLF ADVISORY BOARD
Hours regulated . . . . . . . . . . . . . . . . . . . . . . . . 20-1
Meetings and gatherings
Liability for loss or injury . . . . . . . . . . . . 20-23
Permit
Appeal from refusal to issue. . . . . . . . 20-35
Application. . . . . . . . . . . . . . . . . . . . . . . . 20-33
Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-32
Issuance standards . . . . . . . . . . . . . . . . 20-34
Required. . . . . . . . . . . . . . . . . . . . . . . . . . 20-31
Revocation . . . . . . . . . . . . . . . . . . . . . . . . 20-36
Rules and regulations, permittee bound
by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-22
Property used to violate provisions,
confiscation of . . . . . . . . . . . . . . . . . . . . . 20-9
Recreation advisory board
Compensation; terms. . . . . . . . . . . . . . . . . 20-62
Created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-61
Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-63
Recreational vehicles and trailers; park-
ing on residential property restricted
in R-1 and R-2 residential zoning
districts. . . . . . . . . . . . . . . . . . . . . . . . . . . 18-35.1
Restrooms, failure to cooperate in keeping
neat or sanitary . . . . . . . . . . . . . . . . . . . 20-2
Traffic
Enforcement of traffic regulations. . . . . 20-5(2)
Operation confined to roads. . . . . . . . . . . 20-5(5)
Parking areas designated. . . . . . . . . . . . . 20-5(6)
Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-5(3)
Speed of vehicles. . . . . . . . . . . . . . . . . . . . . 20-5(4)
State motor vehicle laws. . . . . . . . . . . . . . 20-5(1)
Trees
Climbing trees, etc. . . . . . . . . . . . . . . . . . . 20-4
Use by public only. . . . . . . . . . . . . . . . . . . . . . 20-1
PEDDLERS AND SOLICITORS
Age restrictions . . . . . . . . . . . . . . . . . . . . . . . . 17-91
Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-93
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-82
Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-94
Granting or rejecting application . . . . . . . . 17-85
PEDDLERS AND SOLICITORS (Cont'd.)
License
Application for. . . . . . . . . . . . . . . . . . . . . . . 17-84
Limitation on hours for peddling or solicita-
tion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-88
Notice by property owners . . . . . . . . . . . . . . 17-90
Permit
Application for. . . . . . . . . . . . . . . . . . . . . . . 17-84
Display of . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-87
Not transferable . . . . . . . . . . . . . . . . . . . . . 17-86
Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-83
Revocation of . . . . . . . . . . . . . . . . . . . . . . . . 17-92
Prohibited practices . . . . . . . . . . . . . . . . . . . . 17-89
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-81
PENALTIES. See: FINES, FORFEITURES
AND OTHER PENALTIES
PENSIONS AND RETIREMENT
ICMA defined contribution pension plan
Administrative services agreement and
adoption agreements . . . . . . . . . . . . 2-170.19
Creation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-170.17
Effective date. . . . . . . . . . . . . . . . . . . . . . . . 2-170.20
Vesting period . . . . . . . . . . . . . . . . . . . . . . . 2-170.18
Length of service award plan for volunteer
firefighters
Benefit formula . . . . . . . . . . . . . . . . . . . . . . 2-170.11
Contact person. . . . . . . . . . . . . . . . . . . . . . . 2-170.15
Effective date. . . . . . . . . . . . . . . . . . . . . . . . 2-170.8
Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-170.9
Entitlement age. . . . . . . . . . . . . . . . . . . . . . 2-170.10
Plan, name of. . . . . . . . . . . . . . . . . . . . . . . . 2-170.7
Point system. . . . . . . . . . . . . . . . . . . . . . . . . 2-170.16
Preretirement death benefit . . . . . . . . . . 2-170.12
NORTH PALM BEACH CODE
Section Section
2950Supp. No. 75
STORMWATER MANAGEMENT (Cont'd.)
Storm drainage facilities generally . . . . . . 21-64
Stormwater retention systems. . . . . . . . . . . 21-69
Streets
Minimum street grades. . . . . . . . . . . . . . . 21-62
Roadside swales . . . . . . . . . . . . . . . . . . . . . 21-65
Subdivisions, required improvements re . 36-31
Water quality . . . . . . . . . . . . . . . . . . . . . . . . . . 21-70
Zoning; surface water management
C-3 Regional Business District. . . . . . . . 45-34.1(8)
STREETS, SIDEWALKS AND PUBLIC
PLACES
Code enforcement, applicability re. . . . . . . 2-173
Definitions and rules of construction. . . . . 1-2
Dogs in parks and on streets and sidewalks 4-28(a)
Environmental committee
Composition; terms. . . . . . . . . . . . . . . . . . . 24-62
Created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-61
Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-63
Handbills; distribution restricted . . . . . . . . 19-7
Hitchhiking prohibited. . . . . . . . . . . . . . . . . . 19-6
Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-81 et seq.
See: ZONING (Appendix C)
Missiles, throwing . . . . . . . . . . . . . . . . . . . . . . 19-83
Motor vehicles and traffic . . . . . . . . . . . . . . . 18-16 et seq.
See: MOTOR VEHICLES AND TRAF-
FIC
Obstructing passageway . . . . . . . . . . . . . . . . 19-47
Profanity; vulgar language prohibited. . . . 19-65
Public works department
Streets maintenance division . . . . . . . . . 2-85(3)
Sidewalks and driveways
Building official, driveways to be
constructed under supervision of. 24-44
Dangerous or abandoned driveways . . . 24-46
Performance of work by village upon
failure of compliance . . . . . . . . . . . . 24-47
Permits
Driveway construction
Application; information required 24-58
Prohibited in certain instances. . . 24-57
Required . . . . . . . . . . . . . . . . . . . . . . . 24-56
Separate permits required for
driveways and sidewalk
construction. . . . . . . . . . . . . . . . . . 24-55
Sidewalks
Constructed required in certain cases 24-41
Exceptions to requirements . . . . . . . . 24-42
Specifications
Driveways. . . . . . . . . . . . . . . . . . . . . . . . . 24-43(c)
Generally . . . . . . . . . . . . . . . . . . . . . . . . . 24-43(a)
Nonconforming driveways. . . . . . . . . . 24-43(d)
Sidewalks. . . . . . . . . . . . . . . . . . . . . . . . . 24-43(b)
Smoke, dust, odors, liquids, etc. . . . . . . . . . 19-9
Spitting in public places prohibited . . . . . . 19-5
Stormwater management, applicable provi-
sions re . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-62, 21-65
Subdivision regulations . . . . . . . . . . . . . . . . . 36-1 et seq.
See: SUBDIVISIONS (Appendix B)
STREETS, SIDEWALKS AND PUBLIC
PLACES (Cont'd.)
Swale areas, sodding required in certain
instances. . . . . . . . . . . . . . . . . . . . . . . . . . 24-3
Trees in swale areas . . . . . . . . . . . . . . . . . . . . 27-16 et seq.
See: TREES AND SHRUBBERY
Utilities
Public utilities, cost of changing or
removal of . . . . . . . . . . . . . . . . . . . . . . 24-4
Use of rights-of-way for utilities. . . . . . . 28-1 et seq.
See: UTILITIES
Work performed within rights-of-way
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-23
Emergencies and exemptions . . . . . . . . . 24-24
Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-17
Limitations on pavement disturbance . 24-25
Pavement restoration standards . . . . . . 24-27
Removal of barricades and signage. . . . 24-21
Right-of-way permit. . . . . . . . . . . . . . . . . . 24-16
Conditions . . . . . . . . . . . . . . . . . . . . . . . . 24-19
Minimum standards . . . . . . . . . . . . . . . 24-20
Requirements . . . . . . . . . . . . . . . . . . . . . 24-18
Revocation and penalties. . . . . . . . . . . 24-22
Immediate revocation . . . . . . . . . . . 24-22(a)
Other fines . . . . . . . . . . . . . . . . . . . . . 24-22(b)
SUBDIVISIONS (Generally)
Appearance plan (Appendix A). See that
subject
Code enforcement, applicability re. . . . . . . 2-173
Flood damage prevention provisions . . . . . 12.5-41(4)
Zoning regulations. . . . . . . . . . . . . . . . . . . . . . 45-1 et seq.
See: ZONING (Appendix C)
SUBDIVISIONS (Appendix B)
(Section contained herein refer to sections
found within Appendix B)
Amendments
Public hearing required . . . . . . . . . . . . . . 36-39.1
Definitions
General terms . . . . . . . . . . . . . . . . . . . . . . . 36-5
Specific terms. . . . . . . . . . . . . . . . . . . . . . . . 36-6
Design standards
Alleys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-20
Blocks. See within this subheading:
Lots and Blocks
Comprehensive plan, conformity with . 36-17(1)
Easements and rights-of-way
Access waterways. . . . . . . . . . . . . . . . . . 36-22(c)
Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . 36-22(b)
Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . 36-22(a)
Lots and blocks
Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-18(3)
Block lengths. . . . . . . . . . . . . . . . . . . . . . 36-18(6)
Double frontage lots . . . . . . . . . . . . . . . 36-18(5)
Lot lines . . . . . . . . . . . . . . . . . . . . . . . . . . 36-18(4)
Lot size . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-18(1)
Public sites and open spaces . . . . . . . . . . 36-23
Rights-of-way. See within this subhead-
ing: Easements and Rights-Of-
Way
CODE INDEX
Section Section
2955Supp. No. 75
SUBDIVISIONS (Appendix B) (Cont'd.)
Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-21
Soil and flood hazards, consideration of 36-17(2)
Streets
Adjoining property, street access to . 36-19(7)
Arterial streets, subdivisions on . . . . 36-19(2)
Culs-de-sac. . . . . . . . . . . . . . . . . . . . . . . . 36-19(6)
Half streets . . . . . . . . . . . . . . . . . . . . . . . 36-19(8)
Intersection design . . . . . . . . . . . . . . . . 36-19(4)
Minimum street design specifica-
tions. . . . . . . . . . . . . . . . . . . . . . . . . 36-19(5)
Minor streets. . . . . . . . . . . . . . . . . . . . . . 36-19(1)
Railroads or limited access highway,
subdivisions on. . . . . . . . . . . . . . . 36-19(3)
Street names. . . . . . . . . . . . . . . . . . . . . . 36-19(9)
Subdivision entrances . . . . . . . . . . . . . . . . 36-25
Water bodies, access to . . . . . . . . . . . . . . . 36-24
Enactment and authority . . . . . . . . . . . . . . . 36-2
Enforcement provisions
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-35
Erection of buildings and issuance of
permits. . . . . . . . . . . . . . . . . . . . . . . . . 36-38
General enforcement regulations. . . . . . 36-36
Land clearing, vegetation and wildlife
protection and preservation
Application procedure for vegetation
removal unrelated to building
permit applications . . . . . . . . . . . 36-38.1(3)
Exceptions . . . . . . . . . . . . . . . . . . . . . . . . 36-38.1(5)
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-38.1(6)
Generally . . . . . . . . . . . . . . . . . . . . . . . . . 36-38.1(1)
Vegetation protection during construc-
tion. . . . . . . . . . . . . . . . . . . . . . . . . . 36-38.1(4)
Vegetation removal permit, applica-
tion procedure. . . . . . . . . . . . . . . . 36-38.1(2)
Required improvements . . . . . . . . . . . . . . 36-37
Vegetation. See within this subhead-
ing: Land Clearing, Vegetation and
Wildlife Protection and Preserva-
tion
Wildlife protection and preservation.
See within this subheading: Land
Clearing, Vegetation and Wildlife
Protection and Preservation
Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-3
Legal status
Conflicting regulations . . . . . . . . . . . . . . . 36-41
Effective date. . . . . . . . . . . . . . . . . . . . . . . . 36-42
Saving clause . . . . . . . . . . . . . . . . . . . . . . . . 36-40
Plats, platting
Procedures for subdivision plat approval.
See herein that subject
Procedures for subdivision plat approval
Construction plan specifications . . . . . . 36-13
Construction plans procedure
Preparation of construction plans. . . 36-12(1)
Submission and review of construc-
tion plans . . . . . . . . . . . . . . . . . . . . 36-12(2)
Surety device, posting of . . . . . . . . . . . 36-12(3)
SUBDIVISIONS (Appendix B) (Cont'd.)
Final plat procedure
Application for final plat approval . . 36-14(2)
Generally . . . . . . . . . . . . . . . . . . . . . . . . . 36-14(1)
Planning commission action. . . . . . . . 36-14(4)
Planning commission review . . . . . . . 36-14(3)
Recording of final plat . . . . . . . . . . . . . 36-14(6)
Village council action . . . . . . . . . . . . . . 36-14(5)
Final plat specifications . . . . . . . . . . . . . . 36-15
General prerequisites to. . . . . . . . . . . . . . 36-7
Pre-application conference. . . . . . . . . . . . 36-9
Preliminary plat procedure
Application for preliminary plat
approval . . . . . . . . . . . . . . . . . . . . . 36-10(1)
Developments of regional impact . . . 36-10(2)
Effect of approval. . . . . . . . . . . . . . . . . . 36-10(9)
Failure of planning commission to
take action . . . . . . . . . . . . . . . . . . . 36-10(8)
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-10(3)
Notification of action . . . . . . . . . . . . . . 36-10(7)
Planning commission action. . . . . . . . 36-10(6)
Planning commission review . . . . . . . 36-10(5)
Review comments . . . . . . . . . . . . . . . . . 36-10(4)
Preliminary plat specifications. . . . . . . . 36-11
Qualification of person making survey. 36-8
Reversion of subdivided land to acreage 36-16
Purpose and intent . . . . . . . . . . . . . . . . . . . . . 36-4
Required improvements
Bikeways . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-29.1
Bridges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-30
General requirements . . . . . . . . . . . . . . . . 36-26
Monuments
Permanent control points . . . . . . . . . . 36-27(b)
Permanent reference monuments. . . 36-27(a)
Planned unit development alternatives 36-34
Screening walls and landscaping. . . . . . 36-33
Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-29
Storm water management . . . . . . . . . . . . 36-31
Streets
Arterial and collector streets . . . . . . . 36-28(a)
Curb and gutter . . . . . . . . . . . . . . . . . . . 36-28(c)
Marginal access streets . . . . . . . . . . . . 36-28(b)
Pavement base . . . . . . . . . . . . . . . . . . . . 36-28(f)
Subgrade . . . . . . . . . . . . . . . . . . . . . . . . . 36-28(e)
Swales. . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-28(d)
Wearing surface . . . . . . . . . . . . . . . . . . . 36-28(g)
Utilities
Sanitary sewer . . . . . . . . . . . . . . . . . . . . 36-32(a)
Septic tanks. . . . . . . . . . . . . . . . . . . . . . . 36-32(e)
Underground utilities. . . . . . . . . . . . . . 36-32(d)
Water and sewer systems . . . . . . . . . . 36-32(c)
Water supply. . . . . . . . . . . . . . . . . . . . . . 36-32(b)
Wells
Individual wells prohibited in
certain areas of village . . . . . 36-32(f)
Short title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-1
NORTH PALM BEACH CODE
Section Section
2956Supp. No. 75
SUITS AND OTHER PROCEEDINGS
Code enforcement
Limitations on actions for money judg-
ments . . . . . . . . . . . . . . . . . . . . . . . . . . 2-182
SURVEYS, MAPS AND PLATS
Official zoning map. . . . . . . . . . . . . . . . . . . . . 45-17
Subdivision regulations . . . . . . . . . . . . . . . . . 36-7 et seq.
See: SUBDIVISIONS (Appendix B)
SWALE AREAS
Sodding required in certain instances. . . . 24-3
Trees in swale areas . . . . . . . . . . . . . . . . . . . . 27-16 et seq.
See: TREES AND SHRUBBERY
SWEAR OR SWORN. See: OATH, AFFIRMA-
TION, SWEAR OR SWORN
SWIMMING
Bathing regulations; diseased persons
prohibited from bathing in public
pool, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 19-3
Restricted waters, swimming in . . . . . . . . . 5-3
SWIMMING POOLS
Barrier/fencing requirements. . . . . . . . . . . . 25-5
Code enforcement, applicability re. . . . . . . 2-173
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-4
Country club premises regulations. . . . . . . 9-1
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-1
Elevation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-6
Final approval. . . . . . . . . . . . . . . . . . . . . . . . . . 25-7
Grade. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-11
Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-3
Property maintenance standards
Exterior property areas. . . . . . . . . . . . . . . 15-2
Swimming pools . . . . . . . . . . . . . . . . . . . 15-2(h)
Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-2
SWITCHBLADE KNIVES
Sale prohibited . . . . . . . . . . . . . . . . . . . . . . . . . 19-185(a)
T
TAXATION
Insurance excise taxes . . . . . . . . . . . . . . . . . . 26-16, 26-17
Local business tax . . . . . . . . . . . . . . . . . . . . . . 17-16 et seq.
See: BUSINESS REGULATIONS
Pension and certain other benefits for fire
and police employees
Tax on insurers . . . . . . . . . . . . . . . . . . . . . . 2-167
Telecommunications service tax
Collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-52
Compensation . . . . . . . . . . . . . . . . . . . . . . . 26-54
Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . 26-53
Levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-51
Rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-51
Utility tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-29 et seq.
See: UTILITY TAX
TELECOMMUNICATIONS
Compliance with other laws; police power 29-10
Construction bond . . . . . . . . . . . . . . . . . . . . . . 29-13
TELECOMMUNICATIONS (Cont'd.)
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29-3
Enforcement remedies . . . . . . . . . . . . . . . . . . 29-15
Fees and payments . . . . . . . . . . . . . . . . . . . . . 29-5
Force majeure . . . . . . . . . . . . . . . . . . . . . . . . . . 29-16
Insurance; surety; indemnification. . . . . . . 29-12
Intent and purpose . . . . . . . . . . . . . . . . . . . . . 29-2
Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29-4
Involuntary termination. . . . . . . . . . . . . . 29-9
Reports and records . . . . . . . . . . . . . . . . . . . . 29-6
Rights-of-way, use . . . . . . . . . . . . . . . . . . . . . . 29-8
Security fund. . . . . . . . . . . . . . . . . . . . . . . . . . . 29-14
Service tax, generally. . . . . . . . . . . . . . . . . . . 26-51 et seq.
See: TAXATION
Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29-1
Transfer of control; sale or assignment. . . 29-11
Underground installation; relocation. . . . . 29-7
TELEPHONES
Alarms; interference with police and fire
rescue department trunk lines
prohibited. . . . . . . . . . . . . . . . . . . . . . . . . 19-215
TELEVISION
Cable television rate regulation . . . . . . . . . 17-1
TENSE
Definitions and rules of construction. . . . . 1-2
THEFT
Combat Auto Theft (CAT) . . . . . . . . . . . . . . . 18-19
TIME
Definitions and rules of construction. . . . . 1-2
TRAFFIC. See: MOTOR VEHICLES AND
TRAFFIC
TRAILERS
Boats and boat trailers; parking on
residential property restricted in R-1
and R-2 residential zoning districts. 18-35
Recreational vehicles and trailers; park-
ing on residential property restricted
in R-1 and R-2 residential zoning
districts. . . . . . . . . . . . . . . . . . . . . . . . . . . 18-35.1
TRASH. See: GARBAGE AND TRASH
TREES AND SHRUBBERY
Abatement of public nuisances on private
property . . . . . . . . . . . . . . . . . . . . . . . . . . 14-79 et seq.
See: NUISANCES
Code enforcement, applicability re. . . . . . . 2-173
Missiles, throwing . . . . . . . . . . . . . . . . . . . . . . 19-83
Parks and recreation facilities; climbing
trees, etc. . . . . . . . . . . . . . . . . . . . . . . . . . 20-4
Swale areas, trees in
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 27-16
Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . 27-20
Planting and removal; written approval
required . . . . . . . . . . . . . . . . . . . . . . . . 27-17
Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-19
Variety and location. . . . . . . . . . . . . . . . . . 27-18
CODE INDEX
Section Section
2957Supp. No. 75
U
UTILITIES
Flood damage prevention provisions . . . . . 12.5-41(3), (5)
Franchises enumerated. See Appendix D
Street construction work; cost of changing
or removal of public utilities . . . . . . . 24-4
Subdivision design standards re ease-
ments and rights-of-way . . . . . . . . . . . 36-22(a)
Subdivisions, required improvements re . 36-32
Telecommunications service tax . . . . . . . . . 26-51 et seq.
See: TAXATION
Use of rights-of-way for utilities
Code enforcement, applicability re . . . . 2-173
Rules and regulations adopted . . . . . . . . 28-1
Written permit (franchise)
Contents . . . . . . . . . . . . . . . . . . . . . . . . . . 28-3
Required; term . . . . . . . . . . . . . . . . . . . . 28-2
UTILITY TAX
Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-30
Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-31
Levied; rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-29
V
VACANT PROPERTY
Property maintenance standards
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-1
Vacant structures and land. . . . . . . . . 15-1(c)
Unauthorized camping, lodging. . . . . . . . . . 19-11
VILLAGE
Definitions and rules of construction. . . . . 1-2
VILLAGE COUNCIL
Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . 2-16
Definitions and rules of construction. . . . . 1-2
Meetings
Adjournment of all meetings. . . . . . . . . . 2-19
Regular meetings
Presiding officer. . . . . . . . . . . . . . . . . . . 2-18
When held . . . . . . . . . . . . . . . . . . . . . . . . 2-17
Rules of procedure. See herein that
subject
Rules of procedure
Order of business . . . . . . . . . . . . . . . . . . . . 2-26
Parliamentary rules. . . . . . . . . . . . . . . . . . 2-27
Village clerk, duties re. . . . . . . . . . . . . . . . . . 2-67
VILLAGE LOGO
Adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10(b)
Description. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10(a)
Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10(d)
Unlawful practices. . . . . . . . . . . . . . . . . . . . . . 1-10(c)
VILLAGE MANAGER
Administrative code, provisions re . . . . . . . 2-39 et seq.
See: ADMINISTRATIVE CODE
Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-117
Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-118
Budget procedures, duties re . . . . . . . . . . . . 2-2
Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-115
VOYEURISM
Window peeping prohibited . . . . . . . . . . . . . 19-66
W
WALLS. See: FENCES, WALLS, HEDGES
AND ENCLOSURES
WATER SHORTAGE EMERGENCIES
Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-201
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-200
Enforcement
Emergency power . . . . . . . . . . . . . . . . . . . . 19-204
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-203
Implementation
Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . 19-202(b)
Permanent restrictions . . . . . . . . . . . . . . . 19-202(a)
Sanitation, exception to maintain. . . . . . . . 19-205
Violations and penalties . . . . . . . . . . . . . . . . 19-206
WATER SUPPLY AND DISTRIBUTION
Stormwater management . . . . . . . . . . . . . . . 21-61 et seq.
See: STORMWATER MANAGEMENT
Wellfield protection . . . . . . . . . . . . . . . . . . . . . 19-220, 19-221
Zoning; C-3 Regional Business District
Surface water management. . . . . . . . . . . 45-34.1(8)
WATERWAYS. See: BOATS, DOCKS AND
WATERWAYS
WATERWAYS BOARD
Composition; terms; vacancies. . . . . . . . . . . 5-103
Created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-102
Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-104
WEAPONS. See: FIREARMS AND
WEAPONS
WEEDS AND BRUSH
Abatement of public nuisances on private
property . . . . . . . . . . . . . . . . . . . . . . . . . . 14-79 et seq.
See: NUISANCES
WEEK
Definitions and rules of construction. . . . . 1-2
WEIGHTS AND MEASURES
Motor vehicle operation; weight limita-
tions on certain roads. . . . . . . . . . . . . . 18-18
WELLFIELD PROTECTION
Business activities with potential to
contaminate land and water
resources, regulation of . . . . . . . . . . . . 19-221
County wellfield protection ordinance
adopted by reference. . . . . . . . . . . . . . . 19-220
WRITTEN, IN WRITING
Definitions and rules of construction. . . . . 1-2
NORTH PALM BEACH CODE
Section Section
2958Supp. No. 75
Y
YARDS AND OPEN SPACES
Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-81 et seq.
See: ZONING (Appendix C)
Zoning regulations. . . . . . . . . . . . . . . . . . . . . . 45-27 et seq.
See: ZONING (Appendix C)
YEAR
Definitions and rules of construction. . . . . 1-2
Z
ZONING (Generally)
Appearance plan (Appendix A). See that
subject
Code enforcement, applicability re. . . . . . . 2-173
Home occupations . . . . . . . . . . . . . . . . . . . . . . 17-3(a) et seq.
See: HOME OCCUPATIONS
Planning commission; changes to zoning
ordinances . . . . . . . . . . . . . . . . . . . . . . . . 21-12
Subdivision regulations . . . . . . . . . . . . . . . . . 36-1 et seq.
See: SUBDIVISIONS (Appendix B)
CODE INDEX
Section Section
2959Supp. No. 75
ZONING (Appendix C)
(Section references herein are exclusive to
Appendix C)
Adult entertainment establishments
Administrative requirements;
supplemental
Plan review . . . . . . . . . . . . . . . . . . . . . . . 45-20(8)(b)
Rules of construction . . . . . . . . . . . . . . 45-20(8)(a)
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 45-20(3)
Disclosure of names aliases and dates
of birth of employees . . . . . . . . . . . . 45-20(10)
Display or exposure of specified anatomi-
cal area . . . . . . . . . . . . . . . . . . . . . . . . 45-20(9)
Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . 45-20(11)
Findings of fact . . . . . . . . . . . . . . . . . . . . . . 45-20(2)
Legislative intent . . . . . . . . . . . . . . . . . . . . 45-20(1)
Measurement of distance . . . . . . . . . . . . . 45-20(5)
Nonconforming uses. . . . . . . . . . . . . . . . . . 45-20(7)
Prohibited locations . . . . . . . . . . . . . . . . . . 45-20(4)
Variance, none . . . . . . . . . . . . . . . . . . . . . . . 45-20(6)
Alcoholic beverages. See also that subject
Location of business for retail sales of
alcoholic beverages. . . . . . . . . . . . . . 45-20(2),
45-36.N
C-3 Regional Business District . . . . . 45-34.1(9)
Amendments
Changes and amendments. . . . . . . . . . . . 45-5
Antenna and antenna towers. . . . . . . . . . . . 45-21
Automotive service stations
Emergency generators required for. . . . 45-23
Buildings
District regulations, buildings and uses
to conform to . . . . . . . . . . . . . . . . . . . 45-19
Floor area regulations. See herein: Floor
Area
Height regulations. See herein: Height
Nonconforming uses of land and
structures. See herein that subject
Site area regulations. See herein: Site
Area
C-3 Regional Business District
Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-34.1(5)
Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . 45-34.1(4)
Location of business for retail sales of
alcoholic beverages. . . . . . . . . . . . . . 45-34.1(9)
Lot coverage; maximum . . . . . . . . . . . . . . 45-34.1(6)
Off-street loading and internal circula-
tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-34.1(3)
Off-street parking. . . . . . . . . . . . . . . . . . . . 45-34.1(2)
Permitted uses. . . . . . . . . . . . . . . . . . . . . . . 45-34.1(1)
Setbacks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-34.1(5)
Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-34.1(7)
Special C-3 Planned Unit Development
(PUD) provisions. . . . . . . . . . . . . . . . 45-34.1(10)
Surface water management. . . . . . . . . . . 45-34.1(8)
C-G general commercial district . . . . . . . . . 45-34
Development standards . . . . . . . . . . . . . . 45-34(B)
Locational and physical restrictions 45-34(B)(2)
Outside display. . . . . . . . . . . . . . . . . . . . 45-34(B)(1)
Use and operating restrictions . . . . . . . . 45-34(C)
ZONING (Appendix C) (Cont'd.)
Uses permitted . . . . . . . . . . . . . . . . . . . . . . 45-34(A)
Changes and amendments . . . . . . . . . . . . . . 45-5
C-MU US-1 mixed-use district. . . . . . . . . . . 45-31
Allowable uses. . . . . . . . . . . . . . . . . . . . . . . 45-31(B)
Architectural features . . . . . . . . . . . . . . . . 45-31(F)
Awnings . . . . . . . . . . . . . . . . . . . . . . . . . . 45-31(F)(4)
Balconies . . . . . . . . . . . . . . . . . . . . . . . . . 45-31(F)(5)
Bay windows . . . . . . . . . . . . . . . . . . . . . . 45-31(F)(6)
Encroachments. . . . . . . . . . . . . . . . . . . . 45-31(F)(3)
On private property . . . . . . . . . . . . . 45-31(F)(3)(a)
On public property . . . . . . . . . . . . . . 45-31(F)(3)(b)
Façade transparency. . . . . . . . . . . . . . . 45-31(F)(2)
Main entrance. . . . . . . . . . . . . . . . . . . . . 45-31(F)(1)
Building frontage types. . . . . . . . . . . . . . . 45-31(D)
General description . . . . . . . . . . . . . . . . . . 45-31(A)
Parking standards . . . . . . . . . . . . . . . . . . . 45-31(H)
Location of parking lots. . . . . . . . . . . . 45-31(H)(1)
Parking space adjustments. . . . . . . . . 45-31(H)(3)
Parking space ratios . . . . . . . . . . . . . . . 45-31(H)(2)
Physical standards for parking lots,
driveways, and loading. . . . . . . . 45-31(H)(4)
Standards for parking garages . . . . . 45-31(H)(5)
Regulating plan and street frontages. . 45-31(C)
Review procedures . . . . . . . . . . . . . . . . . . . 45-31(I)
Submittal and review procedures. . . 45-31(I)(1)
Variances . . . . . . . . . . . . . . . . . . . . . . . . . 45-31(I)(2)
Waivers. . . . . . . . . . . . . . . . . . . . . . . . . . . 45-31(I)(3)
Site and bulk standards . . . . . . . . . . . . . . 45-31(E)
Building frontage standards. . . . . . . . 45-31(E)(2)
Building height. . . . . . . . . . . . . . . . . . . . 45-31(E)(4)
Density . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-31(E)(3)
Floor and ceiling height. . . . . . . . . . . . 45-31(E)(5)
Landscape standards . . . . . . . . . . . . . . 45-31(E)(6)
Landscaping required . . . . . . . . . . . 45-31(E)(6)(a)
Special requirements for C-MU
zoning district . . . . . . . . . . . . . 45-31(E)(6)(b)
Setbacks and build-to zones . . . . . . . . 45-31(E)(1)
Street, alley, and easement standards . 45-31(G)
Existing alleys . . . . . . . . . . . . . . . . . . . . 45-31(G)(2)
New streets . . . . . . . . . . . . . . . . . . . . . . . 45-31(G)(1)
Build-to zones . . . . . . . . . . . . . . . . . . 45-31(G)(1)(d)
Building frontage standards . . . . . 45-31(G)(1)(e)
Cross-section . . . . . . . . . . . . . . . . . . . 45-31(G)(1)(a)
Other design and construction
standards. . . . . . . . . . . . . . . . . . 45-31(G)(1)(b)
Ownership and maintenance. . . . . 45-31(G)(1)(c)
Sidewalk easements . . . . . . . . . . . . . . . 45-31(G)(3)
C-NB Northlake Boulevard commercial
district. . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3
Architectural elements . . . . . . . . . . . . . . . 45-35.3.5
Architectural elements. . . . . . . . . . . . . 45-35.3.5-5
Building height . . . . . . . . . . . . . . . . . 45-35.3.5-5(B)
Cornices. . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-5(E)
Entrances45-35.3.5-5(C)
Mechanical equipment screening. 45-35.3.5-5(D)
Pedestrian walkways . . . . . . . . . . . . 45-35.3.5-5(A)
Building color and finish. . . . . . . . . . . 45-35.3.5-4
Color palette. . . . . . . . . . . . . . . . . . . . 45-35.3.5-4(B)
General . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-4(A)
CODE INDEX
Section Section
2961Supp. No. 75
ZONING (Appendix C) (Cont'd.)
Building facade/elevation . . . . . . . . . . 45-35.3.5-3
Blank walls. . . . . . . . . . . . . . . . . . . . . 45-35.3.5-3(F)
Building features and ornamenta-
tion . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-3(A)
Other features . . . . . . . . . . . . . . . . . . 45-35.3.5-3(G)
Preferred exterior materials . . . . . 45-35.3.5-3(B)
Recesses/projections. . . . . . . . . . . . . 45-35.3.5-3(C)
Storefronts . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-3(H)
Trademark forms and colors . . . . . 45-35.3.5-3(E)
Visible facades. . . . . . . . . . . . . . . . . . 45-35.3.5-3(D)
Definitions . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-8
Design treatments. . . . . . . . . . . . . . . . . 45-35.3.5-2
Building design . . . . . . . . . . . . . . . . . 45-35.3.5-2(A)
Compatible exterior materials and
architectural elements. . . . . . 45-35.3-2(F)
Identical buildings . . . . . . . . . . . . . . 45-35.3-2(D)
Incompatible architectural ele-
ments . . . . . . . . . . . . . . . . . . . . . 45-35.3-2(G)
Proportion. . . . . . . . . . . . . . . . . . . . . . 45-35.3-2(H)
Scale . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3-2(E)
Style . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3-2(C)
Unity of character. . . . . . . . . . . . . . . 45-35.3-2(B)
General provisions. . . . . . . . . . . . . . . . . 45-35.3.5-1
Alternative architectural styles . . 45-35.3.5-1(D)
Applicability. . . . . . . . . . . . . . . . . . . . 45-35.3.5-1(B)
Compatibility with setting. . . . . . . 45-35.3.5-1(C)
Facade/wall height transition . . . . 45-35.3.5-1(E)
Illustrative architectural elements 45-35.3.5-1(F)
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-1(A)
Preferred roof materials/styles . . . . . 45-35.3.5-7
Design types. . . . . . . . . . . . . . . . . . . . 45-35.3.5-7(A)
Edge and parapet treatment. . . . . 45-35.3.5-7(C)
Large, unarticulated roofs . . . . . . . 45-35.3.5-7(E)
Preferred materials for pitched
roofs . . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-7(D)
Treatments . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-7(B)
Window/door treatments . . . . . . . . . . . 45-35.3.5-6
Awnings. . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-6(C)
Doors . . . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-6(B)
Exterior treatment . . . . . . . . . . . . . . 45-35.3.5-6(F)
Fenestration and details. . . . . . . . . 45-35.3.5-6(D)
Kick plates . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-6(G)
Materials. . . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-6(E)
Windows . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.5-6(A)
Consistency with comprehensive land
use plan . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.2
Established. . . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.1
General provisions . . . . . . . . . . . . . . . . . . . 45-35.3.3
Applicability . . . . . . . . . . . . . . . . . . . . . . 45-35.3.3-1
Applicability. . . . . . . . . . . . . . . . . . . . 45-35.3.3-1(A)
Invalid approvals . . . . . . . . . . . . . . . 45-35.3.3-1(B)
Procedures, variances, and waivers . 45-35.3.3-2
Submittal and review procedures 45-35.3.3-2(A)
Variances. . . . . . . . . . . . . . . . . . . . . . . 45-35.3.3-2(B)
Waivers . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.3-2(C)
Signage and outdoor displays . . . . . . . . . 45-35.3.7
Accessory signs. . . . . . . . . . . . . . . . . . . . 45-35.3.7-5
Content . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-5(B)
ZONING (Appendix C) (Cont'd.)
Permissible size, height, location
and number of permitted
accessory signs. . . . . . . . . . . . . 45-35.3.7-5(D)
Permitted. . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-5(A)
Sign type and criteria . . . . . . . . . . . 45-35.3.7-5(C)
Appearance . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-2
General . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-2(A)
Maintenance. . . . . . . . . . . . . . . . . . . . 45-35.3.7-2(B)
Business signs . . . . . . . . . . . . . . . . . . . . 45-35.3.7-6
Content . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-6(B)
Permissible size, height, location
and number of permitted
business signs . . . . . . . . . . . . . 45-35.3.7-6(D)
Permitted. . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-6(A)
Sign type and criteria . . . . . . . . . . . 45-35.3.7-6(C)
Definitions . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-11
Design, construction, and location
standards . . . . . . . . . . . . . . . . . . . . 45-35.3.7-9
Clearance standards . . . . . . . . . . . . 45-35.3.7-9(C)
Format for multiple occupancy
complexes . . . . . . . . . . . . . . . . . 45-35.3.7-9(E)
Illumination standards . . . . . . . . . . 45-35.3.7-9(A)
Placement standards . . . . . . . . . . . . 45-35.3.7-9(B)
Relationship to building features. 45-35.3.7-9(D)
Signs required to be designed. . . . 45-35.3.7-9(F)
Exempt signs. . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-3
General . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-3(A)
Exterior architectural lighting. . . . . . 45-35.3.7-10
General . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-10(A)
Limitations . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-10(B)
General provisions. . . . . . . . . . . . . . . . . 45-35.3.7-1
Amortized signage . . . . . . . . . . . . . . 45-35.3.7-1(C)
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-1(A)
Non-commercial messages . . . . . . . 45-35.3.7-1(F)
Nonconforming signs . . . . . . . . . . . . 45-35.3.7-1(B)
Prohibited signs . . . . . . . . . . . . . . . . 45-35.3.7-1(E)
Removal of nonconforming signs . 45-35.3.7-1(D)
Measurement determinations . . . . . . 45-35.3.7-8
Facade area. . . . . . . . . . . . . . . . . . . . . 45-35.3.7-8(A)
Number of signs . . . . . . . . . . . . . . . . 45-35.3.7-8(C)
Sign area. . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-8(B)
Sign height . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-8(D)
Street numbers. . . . . . . . . . . . . . . . . . . . 45-35.3.7-7
Additional posting . . . . . . . . . . . . . . 45-35.3.7-7(C)
General . . . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-7(A)
Multi-unit buildings, two stories
and up . . . . . . . . . . . . . . . . . . . . 45-35.3.7-7(B)
Temporary signs. . . . . . . . . . . . . . . . . . . 45-35.3.7-4
Generally. . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-4(A)
Permissible size, height, location
and number of temporary
signs . . . . . . . . . . . . . . . . . . . . . . 45-35.3.7-4(D)
Removal of illegal temporary signs 45-35.3.7-4(B)
Restrictions. . . . . . . . . . . . . . . . . . . . . 45-35.3.7-4(C)
Site plan elements . . . . . . . . . . . . . . . . . . . 45-35.3.8
Building orientation and placement. 45-35.3.8-2
Building envelope, bulk and
setback requirement . . . . . . . 45-35.3.8-2(D)
Building mass impacts . . . . . . . . . . 45-35.3.8-2(B)
NORTH PALM BEACH CODE
Section Section
2962Supp. No. 75
ZONING (Appendix C) (Cont'd.)
Commercial strip development
discouraged. . . . . . . . . . . . . . . . 45-35.3.8-2(E)
Continuity of design. . . . . . . . . . . . . 45-35.3.8-2(A)
Corner lots . . . . . . . . . . . . . . . . . . . . . 45-35.3.8-2(C)
Prohibited elements. . . . . . . . . . . . . 45-35.3.8-2(F)
General design . . . . . . . . . . . . . . . . . . . . 45-35.3.8-1
Illustrative site plan elements . . . 45-35.3.8-1(C)
Screening of mechanical equip-
ment . . . . . . . . . . . . . . . . . . . . . . 45-35.3.8-1(B)
Screening of residential . . . . . . . . . 45-35.3.8-1(A)
Off-street parking areas . . . . . . . . . . . 45-35.3.8-3
Drive-throughs. . . . . . . . . . . . . . . . . . 45-35.3.8-3(F)
Loading facilities. . . . . . . . . . . . . . . . 45-35.3.8-3(E)
Offsite parking. . . . . . . . . . . . . . . . . . 45-35.3.8-3(B)
Pedestrian circulation in parking
facilities. . . . . . . . . . . . . . . . . . . 45-35.3.8-3(D)
Shared parking . . . . . . . . . . . . . . . . . 45-35.3.8-3(A)
Valet parking . . . . . . . . . . . . . . . . . . . 45-35.3.8-3(C)
Pedestrian amenities . . . . . . . . . . . . . . 45-35.3.8-4
General design. . . . . . . . . . . . . . . . . . 45-35.3.8-4(A)
Pedestrian entrances . . . . . . . . . . . . 45-35.3.8-4(C)
Pedestrian walkway to Earman
River (C-17 Canal) . . . . . . . . . 45-35.3.8-4(D)
Width and materials . . . . . . . . . . . . 45-35.3.8-4(B)
Site and street furniture . . . . . . . . . . . 45-35.3.8-5
Alley screening walls. . . . . . . . . . . . 45-35.3.8-5(F)
Dumpsters and similar containers 45-35.3.8-5(C)
Exterior lighting . . . . . . . . . . . . . . . . 45-35.3.8-5(A)
Mailboxes . . . . . . . . . . . . . . . . . . . . . . 45-35.3.8-5(I)
Retaining walls . . . . . . . . . . . . . . . . . 45-35.3.8-5(E)
Satellite dishes . . . . . . . . . . . . . . . . . 45-35.3.8-5(J)
Shopping carts. . . . . . . . . . . . . . . . . . 45-35.3.8-5(H)
Sidewalks . . . . . . . . . . . . . . . . . . . . . . 45-35.3.8-5(D)
Street furniture. . . . . . . . . . . . . . . . . 45-35.3.8-5(B)
Telephones, vending machines, and
newspaper racks . . . . . . . . . . . 45-35.3.8-5(K)
Underground utilities . . . . . . . . . . . 45-35.3.8-5(G)
Zoning regulations . . . . . . . . . . . . . . . . . . . 45-35.3.4
Development review regulations. . . . 45-35.3.4-1
Accessory use. . . . . . . . . . . . . . . . . . . 45-35.3.4-1(D)
Allowable Uses . . . . . . . . . . . . . . . . . 45-35.3.4-1(A)
Building height . . . . . . . . . . . . . . . . . 45-35.3.4-1(B)
Existing planned development
districts . . . . . . . . . . . . . . . . . . . 45-35.3.4-1(C)
Measuring distances . . . . . . . . . . . . 45-35.3.4-1(F)
Parking and loading. . . . . . . . . . . . . 45-35.3.4-1(E)
Conflict of provisions . . . . . . . . . . . . . . . . . . . 45-4
C-S shopping commercial district . . . . . . . . 45-33
Building and floor area regulations . . . 45-33(C)
Building height regulations. . . . . . . . . . . 45-33(B)
Conditions for permitted uses. . . . . . . . . 45-33(G)
Floor area regulations. . . . . . . . . . . . . . . . 45-33(F)
Off-street parking regulations . . . . . . . . 45-33(E)
Uses permitted . . . . . . . . . . . . . . . . . . . . . . 45-33(A)
Yard space regulations . . . . . . . . . . . . . . . 45-33(D)
C-T transitional commercial district . . . . . 45-32.1
Building height regulations. . . . . . . . . . . 45-32.1(D)
Building site area regulations. . . . . . . . . 45-32.1(E)
Conditions for permitted uses. . . . . . . . . 45-32.1(C)
ZONING (Appendix C) (Cont'd.)
General description . . . . . . . . . . . . . . . . . . 45-32.1(A)
Landscape standards. . . . . . . . . . . . . . . . . 45-32.1(I)
Off-street parking layout, construction
and maintenance. . . . . . . . . . . . . . . . 45-32.1(H)
Off-street parking regulations . . . . . . . . 45-32.1(G)
Uses permitted . . . . . . . . . . . . . . . . . . . . . . 45-32.1(B)
Yards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-32.1(F)
Front yards . . . . . . . . . . . . . . . . . . . . . . . 45-32.1(F)(1)
Side and rear yards. . . . . . . . . . . . . . . . 45-32.1(F)(2)
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-2
Adult entertainment establishments . . 45-20(3)
Rules of construction . . . . . . . . . . . . . . 45-20(8)(a)
Historic site overlay district . . . . . . . . . . 45-37(b)
Districts
Division of village into districts . . . . . . . 45-16
Enumerated . . . . . . . . . . . . . . . . . . . . . . . . . 45-16
See also specific districts as indexed
General provisions . . . . . . . . . . . . . . . . . . . 45-36
Emergency generators required for automo-
tive service stations . . . . . . . . . . . . . . . 45-23
Floor area
R-2 Multiple-Family Dwelling District. 45-28(E)
R-3 Apartment Dwelling District. . . . . . 45-30(F)
Group living facilities. . . . . . . . . . . . . . . . . . . 45-24
Height
C-3 Regional Business District. . . . . . . . 45-34.1(5)
R-1 Single-Family Dwelling Districts . . 45-27(B)
R-2 Multiple-Family Dwelling District. 45-28(B)
R-3 Apartment Dwelling District. . . . . . 45-30(B)
Historic site overlay district
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 45-37(b)
Local register of historic sites
Creation of. . . . . . . . . . . . . . . . . . . . . . . . 45-37(C)
Initiation of placement on. . . . . . . . . . 45-37(D)
Placement on . . . . . . . . . . . . . . . . . . . . . . . . 45-37(E)
Certificate of appropriateness . . . . . . 45-37(H)
Criteria for listing on . . . . . . . . . . . . . . 45-37(F)
Effect of listing on . . . . . . . . . . . . . . . . . 45-37(G)
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-37(a)
I-1 light industrial district
Access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-38(L)
Artificial lighting . . . . . . . . . . . . . . . . . . . . 45-38(K)
Building site area regulations. . . . . . . . . 45-38(G)
Maximum floor-area-ratio . . . . . . . . . . 45-38(G)(10)
Maximum lot coverage. . . . . . . . . . . . . 45-38(G)(9)
Minimum front setback . . . . . . . . . . . . 45-38(G)(4)
Minimum lot depth . . . . . . . . . . . . . . . . 45-38(G)(3)
Minimum lot width . . . . . . . . . . . . . . . . 45-38(G)(2)
Minimum rear Setback . . . . . . . . . . . . 45-38(G)(5)
Minimum site area . . . . . . . . . . . . . . . . 45-38(G)(1)
Side corner setback. . . . . . . . . . . . . . . . 45-38(G)(7)
Side interior setback. . . . . . . . . . . . . . . 45-38(G)(6)
Building height. . . . . . . . . . . . . . . . . . . . 45-38(G)(8)
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 45-38(B)
Deliveries adjacent to residential land
uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-38(E)
Fences, walls and hedges . . . . . . . . . . . . . 45-38(M)
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-38(A)
CODE INDEX
Section Section
2963Supp. No. 75
ZONING (Appendix C) (Cont'd.)
Landscape buffer standards for Congress
Avenue . . . . . . . . . . . . . . . . . . . . . . . . . 45-38(I)
Lakes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-38(I)(6)
Minimum width . . . . . . . . . . . . . . . . . . . 45-38(I)(1)
Preserved plant materials. . . . . . . . . . 45-38(I)(5)
Required planting palette for installed
vegetation. . . . . . . . . . . . . . . . . . . . 45-38(I)(3)
Restrictions . . . . . . . . . . . . . . . . . . . . . . . 45-38(I)(2)
Tree and shrub planting require-
ments. . . . . . . . . . . . . . . . . . . . . . . . 45-38(I)(4)
Northlake Boulevard Overlay Zone. . . . 45-38(Q)
Off-street parking and loading regula-
tions . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-38(J)
Outdoor storage. . . . . . . . . . . . . . . . . . . . . . 45-38(N)
Property perimeter requirements . . . . . 45-38(H)
Screening. . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-38(O)
Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-38(P)
Supplemental use regulations for select
permitted or special exception uses 45-38(D)
Uses permitted . . . . . . . . . . . . . . . . . . . . . . 45-38(C)
Wellfield protection . . . . . . . . . . . . . . . . . . 45-38(F)
Interpretation of provisions . . . . . . . . . . . . . 45-3
Landscaping
Administration . . . . . . . . . . . . . . . . . . . . . . 45-82
Applicability . . . . . . . . . . . . . . . . . . . . . . 45-82(A)
Compliance . . . . . . . . . . . . . . . . . . . . . . . 45-82(D)
Extensions. . . . . . . . . . . . . . . . . . . . . . 45-82(D)(2)
Failure to comply . . . . . . . . . . . . . . . 45-82(D)(1)
Relocation or replacement for
redevelopment . . . . . . . . . . . . . 45-82(D)(4)
Temporary exemptions . . . . . . . . . . 45-82(D)(3)
Exemptions . . . . . . . . . . . . . . . . . . . . . . . 45-82(B)
Modifications. . . . . . . . . . . . . . . . . . . . . . 45-82(C)
Criteria for required landscaping . . . . . 45-87
Flowers . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-87(O)
Ground treatment . . . . . . . . . . . . . . . . . 45-87(N)
Landscape in easements . . . . . . . . . . . 45-87(Q)
Landscape points to exceed minimum
standards . . . . . . . . . . . . . . . . . . . . 45-87(D)
Landscaping in public road right-of-
way. . . . . . . . . . . . . . . . . . . . . . . . . . 45-87(S)
Native trees. . . . . . . . . . . . . . . . . . . . . . . 45-87(K)
Natural form. . . . . . . . . . . . . . . . . . . . . . 45-87(B)
Palm trees . . . . . . . . . . . . . . . . . . . . . . . . 45-87(I)
Perimeter landscaping . . . . . . . . . . . . . 45-87(R)
Required landscaped areas. . . . . . . . . 45-87(A)
Shade trees . . . . . . . . . . . . . . . . . . . . . . . 45-87(H)
Shrubs and hedges . . . . . . . . . . . . . . . . 45-87(L)
Size and configuration of plants . . . . 45-87(C)
Specimen trees and palms . . . . . . . . . 45-87(G)
Tree species mix. . . . . . . . . . . . . . . . . . . 45-87(J)
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-81
Landscape principles . . . . . . . . . . . . . . 45-81(B)
Purpose and intent . . . . . . . . . . . . . . . . 45-81(A)
Irrigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-93
General . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-93(A)
Rain sensors . . . . . . . . . . . . . . . . . . . . . . 45-93(C)
Standards. . . . . . . . . . . . . . . . . . . . . . . . . 45-93(B)
ZONING (Appendix C) (Cont'd.)
Landscape areas in the C-NB zoning
district . . . . . . . . . . . . . . . . . . . . . . . . . 45-83
Landscape maintenance . . . . . . . . . . . . . . 45-92
Minimum requirements. . . . . . . . . . . . 45-92(A)
Landscape requirements for base of
foundation. . . . . . . . . . . . . . . . . . . . . . 45-91
Location and width . . . . . . . . . . . . . . . . 45-91(A)
Minimum standards . . . . . . . . . . . . . . . 45-91(B)
Landscape requirements for off-street
parking lots . . . . . . . . . . . . . . . . . . . . 45-89
Landscape buffer . . . . . . . . . . . . . . . . . . 45-89(A)
Landscape islands . . . . . . . . . . . . . . . . . 45-89(C)
Minimum spacing of shade trees . . . 45-89(B)
Protection of landscape areas. . . . . . . 45-89(D)
Landscape requirements for site
perimeters. . . . . . . . . . . . . . . . . . . . . . 45-90
Landscape requirements for site
perimeters . . . . . . . . . . . . . . . . . . . 45-90(B)
Minimum buffer width for site
perimeters . . . . . . . . . . . . . . . . . . . 45-90(A)
Safe sight distance triangles . . . . . . . 45-90(C)
Miscellaneous landscape elements . . . . 45-88
Advertising . . . . . . . . . . . . . . . . . . . . . . . 45-88(J)
Alternative landscape materials . . . . 45-88(A)
Backflow preventers . . . . . . . . . . . . . . . 45-88(F)
Earth berms . . . . . . . . . . . . . . . . . . . . . . 45-88(K)
Landscape area around signs. . . . . . . 45-88(I)
Pavers and other impervious surfaces 45-88(H)
Perimeter walls and fences. . . . . . . . . 45-88(C)
Screening required . . . . . . . . . . . . . . . . 45-88(B)
Service areas. . . . . . . . . . . . . . . . . . . . . . 45-88(E)
Storage and garbage collection sites 45-88(D)
Plant quality, species, and installation 45-84
Installation . . . . . . . . . . . . . . . . . . . . . . . 45-84(C)
Low-maintenance species . . . . . . . . . . 45-84(B)
Minimum plant quality . . . . . . . . . . . . 45-84(A)
Prohibited and invasive plants. . . . . . . . 45-85
Pruning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-94
Alternative canopy shapes . . . . . . . . . 45-94(D)
Crown reduction. . . . . . . . . . . . . . . . . . . 45-94(A)
Exemptions . . . . . . . . . . . . . . . . . . . . . . . 45-94(F)
Performance. . . . . . . . . . . . . . . . . . . . . . . 45-94(E)
Plant characteristics. . . . . . . . . . . . . . . 45-94(B)
Pruning standards. . . . . . . . . . . . . . . . . 45-94(C)
Submission requirements for landscap-
ing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-86
Irrigation plan . . . . . . . . . . . . . . . . . . . . 45-86(C)
Landscape plan. . . . . . . . . . . . . . . . . . . . 45-86(B)
Tree disposition plan . . . . . . . . . . . . . . 45-86(A)
Loading, off-street. See herein: Off-Street
Loading and Internal Circulation
Lots
C-3 Regional Business District. . . . . . . . 45-34.1(6)
Map
Official zoning map. See herein that
subject
Medical marijuana treatment center
dispensing facilities. . . . . . . . . . . . . . . . 45-39
NORTH PALM BEACH CODE
Section Section
2964Supp. No. 75
ZONING (Appendix C) (Cont'd.)
Nonconforming uses
Adult entertainment establishments . . 45-20(7)
Architectural elements
Architectural elements. . . . . . . . . . . . . 5-5
Building color and finish. . . . . . . . . . . 5-4
Building facade/elevation . . . . . . . . . . 5-3
Definitions . . . . . . . . . . . . . . . . . . . . . . . . 5-8
Design treatments. . . . . . . . . . . . . . . . . 5-2
General provisions. . . . . . . . . . . . . . . . . 5-1
Preferred roof materials/styles . . . . . 5-7
Window/door treatments . . . . . . . . . . . 5-6
Consistency with comprehensive land
use plan . . . . . . . . . . . . . . . . . . . . . . . . Art. 2
Established. . . . . . . . . . . . . . . . . . . . . . . . . . Art. 1
General provisions
Applicability . . . . . . . . . . . . . . . . . . . . . . 3-1
Procedure and regulations . . . . . . . . . 3-2
Land and structures, nonconforming
uses of
Extension and enlargement of
nonconforming uses. . . . . . . . . . . 45-61
Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-60
Nonconforming lots of record . . . . . . . 45-62
Nonconforming structures. . . . . . . . . . 45-64
Nonconforming uses of land . . . . . . . . 45-63
Nonconforming uses of structures or
of structures and premises in
combination. . . . . . . . . . . . . . . . . . 45-65
Repairs and maintenance . . . . . . . . . . 45-66
Temporary uses . . . . . . . . . . . . . . . . . . . 45-67
Landscape elements
Administration . . . . . . . . . . . . . . . . . . . . 6-2
Foundation landscaping and plant-
ings. . . . . . . . . . . . . . . . . . . . . . . . . . 6-12
Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1
Irrigation . . . . . . . . . . . . . . . . . . . . . . . . . 6-14
Landscape requirements for off-
street parking areas . . . . . . . . . . 6-10
Maintenance . . . . . . . . . . . . . . . . . . . . . . 6-13
Minimum landscape buffer and plant-
ing requirements . . . . . . . . . . . . . 6-11
Minimum landscape requirements. . 6-8
Miscellaneous landscape elements . . 6-9
New construction and substantial
revision . . . . . . . . . . . . . . . . . . . . . . 6-5
Nonconforming landscape areas . . . . 6-3
Preferred landscape palette . . . . . . . . 6-7
Prohibited and standard invasive
plants. . . . . . . . . . . . . . . . . . . . . . . . 6-6
Pruning. . . . . . . . . . . . . . . . . . . . . . . . . . . 6-15
Tree and plant installation. . . . . . . . . 6-4
Signage and outdoor displays
Accessory signs. . . . . . . . . . . . . . . . . . . . 7-5
Appearance . . . . . . . . . . . . . . . . . . . . . . . 7-2
Business signs . . . . . . . . . . . . . . . . . . . . 7-6
Definitions . . . . . . . . . . . . . . . . . . . . . . . . 7-11
Design, construction, and location
standards . . . . . . . . . . . . . . . . . . . . 7-9
Exempt signs. . . . . . . . . . . . . . . . . . . . . . 7-3
ZONING (Appendix C) (Cont'd.)
Exterior architectural lighting. . . . . . 7-10
General provisions. . . . . . . . . . . . . . . . . 7-1
Measurement determinations . . . . . . 7-8
Street numbers. . . . . . . . . . . . . . . . . . . . 7-7
Temporary signs. . . . . . . . . . . . . . . . . . . 7-4
Site plan elements . . . . . . . . . . . . . . . . . . . Art. 8
Building orientation and placement. 8-2
General design . . . . . . . . . . . . . . . . . . . . 8-1
Off-street parking areas . . . . . . . . . . . 8-3
Pedestrian amenities . . . . . . . . . . . . . . 8-4
Site and street furniture . . . . . . . . . . . 8-5
Zoning regulations
Development review regulations. . . . 4-1
Land use chart . . . . . . . . . . . . . . . . . . . . 4-2
Use definitions and supplemental
regulations. . . . . . . . . . . . . . . . . . . 4-3
Oceanfront land
Ocean setback . . . . . . . . . . . . . . . . . . . . . . . 45-22
Official zoning map
Adopted by reference. . . . . . . . . . . . . . . . . 45-17(1)
Boundary conflict interpretations . . . . . 45-18
Buildings and uses to conform to district
regulations . . . . . . . . . . . . . . . . . . . . . 45-19
Changes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-17(3)
Damaged, destroyed, etc. . . . . . . . . . . . . . 45-17(5)
Identification . . . . . . . . . . . . . . . . . . . . . . . . 45-17(2)
Location; final authority. . . . . . . . . . . . . . 45-17(4)
Off-street loading and internal circulation
C-3 Regional Business District. . . . . . . . 45-34.1(3)
Off-street parking
C-3 Regional Business District. . . . . . . . 45-34.1(2)
R-1 Single-Family Dwelling Districts . . 45-27(E)
R-2 Multiple-Family Dwelling District. 45-28(F)
R-3 Apartment Dwelling District. . . . . . 45-30(E)
Open spaces. See herein: Yards and Open
Spaces
OS conservation and open space district . 45-35.2
Building height regulations. . . . . . . . . . . 45-35.2(C)
Building site area regulations. . . . . . . . . 45-35.2(D)
Coastal zone protection. . . . . . . . . . . . . . . 45-35.2(F)
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-35.2(A)
Uses permitted . . . . . . . . . . . . . . . . . . . . . . 45-35.2(B)
Yard space regulation . . . . . . . . . . . . . . . . 45-35.2(E)
Parking
Off-street loading and internal circula-
tion. See herein that subject
Off-street parking regulations. See
herein: Off-Street Parking
Permitted uses
C-3 Regional Business District. . . . . . . . 45-34.1(1)
R-1 Single-Family Dwelling Districts . . 45-27(A)
R-2 Multiple-Family Dwelling District. 45-28(A)
R-3 Apartment Dwelling District. . . . . . 45-30(A)
Planned unit development
Action of planning commission. . . . . . . . 45-35.1.IV
Action of village council . . . . . . . . . . . . . . 45-35.1.V
Effect of approval of village council . . . 45-35.1.VI
Filing of application. . . . . . . . . . . . . . . . . . 45-35.1.II
Key redevelopment sites. . . . . . . . . . . . . . 45-35.1.VIII
CODE INDEX
Section Section
2965Supp. No. 75
ZONING (Appendix C) (Cont'd.)
Public notice. . . . . . . . . . . . . . . . . . . . . . . . . 45-35.1.VII
Referral to planning commission . . . . . . 45-35.1.III
Statement of intent . . . . . . . . . . . . . . . . . . 45-35.1.I
Public district
Restricted uses . . . . . . . . . . . . . . . . . . . . . . 45-35
R-1 Single-Family Dwelling District
Annexed land in . . . . . . . . . . . . . . . . . . . . . 45-20
Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-27(B)
Mechanical equipment . . . . . . . . . . . . . . . 45-27(G)
Off-street parking. . . . . . . . . . . . . . . . . . . . 45-27(E)
Permitted uses. . . . . . . . . . . . . . . . . . . . . . . 45-27(A)
Site area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-27(C)
Yards and open spaces . . . . . . . . . . . . . . . 45-27(D)
R-2 Multiple-Family Dwelling District
Community residential home regula-
tions . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-28(G)
Floor area . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-28(E)
Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-28(B)
Mechanical equipment . . . . . . . . . . . . . . . 45-28(H)
Off-street parking. . . . . . . . . . . . . . . . . . . . 45-28(F)
Permitted uses. . . . . . . . . . . . . . . . . . . . . . . 45-28(A)
Site area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-28(C)
Yards and open spaces . . . . . . . . . . . . . . . 45-28(D)
R-3 Apartment Dwelling District
Floor area . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-30(F)
Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-30(B)
Off-street parking. . . . . . . . . . . . . . . . . . . . 45-30(E)
Permitted uses. . . . . . . . . . . . . . . . . . . . . . . 45-30(A)
Site area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-30(C)
Yards and open spaces . . . . . . . . . . . . . . . 45-30(D)
Reasonable accommodation procedure . . . 45-25
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 45-25(b)
Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-25(d)
Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-25(c)
Purpose and general provisions . . . . . . . 45-25(a)
Rezonings; variances; waivers
Applications for rezoning, etc . . . . . . . . . 45-49
Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-50
Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-51
Setbacks
C-3 Regional Business District. . . . . . . . 45-34.1(5)
Oceanfront land. . . . . . . . . . . . . . . . . . . . . . 45-22
Short title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-1
Signs
C-3 Regional Business District. . . . . . . . 45-34.1(7)
Similar uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-16.1
Site area
R-1 Single-Family Dwelling Districts . . 45-27(C)
R-2 Multiple-Family Dwelling District. 45-28(C)
R-3 Apartment Dwelling District. . . . . . 45-30(C)
Special exception uses . . . . . . . . . . . . . . . . . . 45-16.2
Conditions on special exception approv-
als . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-16.2(c)
General provisions . . . . . . . . . . . . . . . . . . . 45-16.29(a)
Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-16.2(e)
Public notice. . . . . . . . . . . . . . . . . . . . . . . . . 45-16.2(f)
Special exception uses within planned
unit developments . . . . . . . . . . . . . . 45-16.2(d)
ZONING (Appendix C) (Cont'd.)
Standards for review of special excep-
tion use approvals . . . . . . . . . . . . . . 45-16.2(b)
Surface water management
C-3 Regional Business District. . . . . . . . 45-34.1(8)
Telecommunications antenna and antenna
towers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-21
Violation and penalty . . . . . . . . . . . . . . . . . . . 45-6
Yards and open spaces
R-1 Single-Family Dwelling Districts . . 45-27(D)
R-2 Multiple-Family Dwelling District. 45-28(D)
R-3 Apartment Dwelling District. . . . . . 45-30(D)
NORTH PALM BEACH CODE
Section Section
2966Supp. No. 75