Code of Ordinances Supplement 76SUPPLEMENT NO. 76
March 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. 2021-02, adopted January 28, 2021.
See the Code Comparative Table for further information.
Remove Old Pages Insert New Pages
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
SH:3, SH:4 SH:3, SH:4
383, 384 383—384.1
1177—1181 1177—1182
2897, 2898 2897, 2898
Insert and maintain this instruction sheet in front of this publication. File removed
pages for reference.
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Supp. No. 76
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
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SH:1, SH:2 63
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NORTH PALM BEACH CODE
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398.1 56
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507 57
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559 71, Add.
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563 71, Add.
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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. 76
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
2021-01 1-14-21 Included 76
2021-02 1-28-21 Included 76
NORTH PALM BEACH CODE
SH:4Supp. No. 76
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.
(a) 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 construc-
tion standards for the Village of North Palm
Beach, Florida. The department of community
development shall be substituted for building
department in the adopted code.
(b) The village has amended and supplemented
Chapter 1 of the Florida Building Code through
the adoption of administrative amendments. A
copy of these administrative amendments shall
be kept on file in the department of community
development and shall be available for review
and inspection by members of the public.
(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,
§ 6-17BUILDINGS AND BUILDING REGULATIONS
383Supp. No. 76
§ 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; Ord. No. 2021-02, § 2, 1-28-21)
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.
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.
§ 6-17 NORTH PALM BEACH CODE
384Supp. No. 76
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.
§ 6-29BUILDINGS AND BUILDING REGULATIONS
384.1Supp. No. 76
these roadways on a temporary basis to the
extent authorized by sections 18-35 and 18-35.1
of this article.
(Ord. No. 8-92, § 1, 6-25-92; Ord. No. 25-93, § 1,
10-14-93; Ord. No. 19-96, § 1, 5-23-96; Ord. No.
9-99, § 1, 2-11-99; Ord. No. 2018-09, § 2, 12-13-
18)
Editor’s note—Ordinance No. 8-92, adopted June 25,
1992, did not specifically amend this Code; hence, inclusion
of § 1 as § 18-34.1 was at the discretion of the editor.
Sec. 18-35. Boats and boat trailers; park-
ing on residential property
restricted in R-1 and R-2
residential zoning districts.
Boats and boat trailers shall be parked in the
side or rear yard, or within completely enclosed
garages on sites containing a single family or
duplex residence, subject to the following condi-
tions:
(1) A maximum of two (2) pieces of such
equipment, inclusive of recreational
vehicles provided for in section 18-35.1,
shall be permitted on a site at one time,
excluding those stored within a completely
enclosed garage. Boats or personal
watercraft shall be on trailers, and a boat
or up to two (2) personal watercraft on a
trailer shall be considered collectively as
one (1) piece of equipment.
(2) Such parking shall be limited to such
equipment owned or leased by and for
the use of the occupant of the site, except
as otherwise provided in subsection (3)
below.
(3) The location for such parked equipment
shall be in the rear yard at least five (5)
feet from the rear property line or in the
side yard not projecting beyond the front
building line. Equipment, including equip-
ment owned by a guest of an occupant,
may be temporarily parked on the site
from the front building line to the paved
street or alleyway (including the swale/
rights-of-way as long as no portion extends
into any sidewalk or street, but exclud-
ing the front yard) for a period of time
not to exceed four (4) twenty-four (24)
hour periods in any fourteen (14) day
period unless prohibited by section
18-34.1.
(4) Such equipment shall, at all times, be
currently registered and licensed as
required by the laws of the State of
Florida and, if applicable, shall display a
current registration sticker and have
attached a current vehicle license plate.
(5) When parked on the site, such equip-
ment shall not be used for living or
sleeping quarters or for housekeeping or
storage purposes and shall not have
attached thereto any water, sewer, electric
or gas service connection, except as may
be required to maintain the equipment
or appliances or recharge a vehicle's stor-
age batteries.
(6) Such equipment shall not exceed the
maximum length, width, height and
weight permitted under applicable provi-
sions of the motor vehicle laws of the
State of Florida; provided, however, the
maximum length of the boat exclusive of
the trailer shall not exceed thirty (30)
feet and the maximum height shall not
exceed twelve (12) feet, as measured
from the ground. The length of the boat
shall be determined utilizing the boat's
state registration.
(7) Such equipment shall be securely affixed
to the ground or removed immediately
upon the issuance of a hurricane or
tropical storm warning by a recognized
government agency so that it will not be
a hazard or menace during high winds or
hurricanes.
(8) All such equipment, when parked on site,
shall be visually screened from the view
of abutting properties and alleyways in
accordance with subsections (a) and (b)
below. The line of sight shall be from the
edge of abutting properties, street rights-
of-way and alleyways closest to the site.
Equipment is not required to be screened
from the right-of-way providing access to
the rear or side yard if such equipment is
§ 18-35MOTOR VEHICLES AND TRAFFIC
1177Supp. No. 76
located behind a gate at least six (6) feet
in height and no more than twenty (20)
feet wide.
(a) Screening shall be in the form of a
properly anchored wall, fence, or
gate (meeting all building code
requirements) or a hedge or other
living vegetation, each with a
minimum opacity of ninety percent
(90%). Walls, gates or fences shall
be constructed in accordance with
section 45-36(D), and the use of
chain link fencing with windscreens
is prohibited. Hedges or other living
vegetation shall be planted in the
ground and shall be of sufficient
height to screen such equipment. If
screening located on the same
property as the equipment requires
vegetation greater than four (4) feet
in height, vegetation shall be planted
a minimum of four (4) feet at grade
and shall reach a sufficient height
to screen such equipment within
two (2) years. Existing hedges or
other living vegetation on an
adjacent property may be used to
provide the required screening,
provided, however, that in the event
the hedges or other living vegeta-
tion on an adjacent property is
removed and not replaced so as to
provide the required screening,
screening shall be provided on the
property on which the equipment is
located in accordance with the
requirements of this section or the
equipment shall be removed from
the property. Vegetation shall be
maintained at all times so as not to
encroach onto neighboring proper-
ties (if provided on the property on
which the equipment is located) or
rights-of-way.
(b) All boat hulls shall be fully screened,
provided, however, that consoles,
t-tops, canopies, outriggers, electron-
ics and similar appurtenances atop
the boat may project beyond the
screening material. Notwithstand-
ing the foregoing, boats with cabins
must be fully screened.
(9) If covers are provided for the open part of
boats, they shall be tightly fitted such
that they conform to the contours of the
boat. Covers shall be a solid color. No
tarps shall be used.
(10) All such equipment and the associated
parking areas shall be kept in a clean,
neat and presentable condition. Such
equipment shall not be inoperable,
wrecked, junked, partially dismantled or
abandoned. Major repairs or overhauling
shall not be conducted on the site.
(11) The village council finds that, as a matter
of fact, boats are a customary accessory
use of the land in R-1 and R-2 zoning
districts in the village.
(12) Such parked equipment shall not be used
in the course of any commercial activity.
For this purpose, commercial activity
shall include any type of business or
activity which is conducted on or off the
subject premises.
(13) Any resident who, on or before November
12, 2020, both (i) owns equipment that
does not meet the dimensional require-
ments of subsection (6) above or the
setback from the rear property line
required by subsection (3) above and (ii)
has stored such equipment on his or her
property may file an application for a
dimensional exception on a form sup-
plied by the community development
department. No fee shall be charged for
such application.
(a) An applicant seeking an exception
to the dimensional requirements or
rear setback requirement shall be
required to demonstrate that the
applicant meets all other require-
ments of this section including, but
not limited to, required screening,
and that the equipment will not
significantly affect the natural light
or increase the shadows or shade on
an adjacent property to the extent
§ 18-35 NORTH PALM BEACH CODE
1178Supp. No. 76
that the storage of the equipment
on the applicant's property has a
negative impact on the neighbor's
enjoyment of his or her property.
(b) The application shall be accompanied
by the following information:
1. Documentation demonstrating
equipment ownership and date
of acquisition;
2. Identification of the location of
the equipment as evidenced by
photographs and/or a sketch;
and
3. Identification of the wall, fence
or vegetation utilized for screen-
ing in relation to adjacent
properties as evidenced by
photographs and/or a sketch.
Upon receipt of a completed applica-
tion, village staff will conduct a site
visit to verify compliance with the
criteria set forth above and may
require the applicant to provide
additional information to complete
the application process.
(c) The community development depart-
ment shall review the application to
ensure it is complete and prepare
the necessary documentation for
review by the village council. The
village council shall approve, approve
with conditions or deny the applica-
tion. The village council's final
determination shall be set forth in a
written order.
(d) The applicant shall be required to
notify all adjacent property owners,
including the owners of properties
separated from the applicant's
property by a public or private right-
of-way, of the council's consideration
of the dimensional exception applica-
tion. Such notice shall be on a form
supplied by the community develop-
ment department. Ownership shall
be determined utilizing the county
property appraiser's database. At
least seven (7) days prior to the
village scheduling the dimensional
application for consideration by the
village council, the applicant shall
provide a notarized certification that
such notice has been provided to all
adjacent property owners either via
first class mail or hand-delivery. No
additional notice shall be required.
(e) A dimensional exception shall not
run with the property and the sale
of the property, a change in the
occupant of the property, or a change
in the ownership of the equipment
shall terminate the approval. Once
a dimensional exception has been
granted by the village council, any
increase in the size of the equip-
ment or significant alteration of the
required screening, including, but
not limited to, the removal of a
hedge or other living vegetation on
adjacent property, shall require a
new application. Notwithstanding
the foregoing, if a resident who has
been granted a dimensional excep-
tion acquires new equipment of the
same or smaller dimension that still
exceeds the dimensional require-
ments set forth in subsection (6)
above, he or she shall be required to
apply for administrative approval
on a form supplied by the com-
munity development department.
(Code 1970, § 30-1; Ord. No. 26-72, § 1; Ord. No.
11-79, § 1, 6-14-79; Ord. No. 27-93, § 1, 12-9-93;
Ord. No. 38-97, § 1, 8-28-97; Ord. No. 33-99, § 1,
10-28-99; Ord. No. 2016-07, § 3, 9-8-16; Ord. No.
2019-06, § 2, 7-11-19; Ord. No. 2021-01, § 2,
1-14-21)
Editor’s note—Ord. No. 2016-07, § 3, adopted September
8, 2016, amended § 18-35 to read as set out herein. Previ-
ously § 18-35 was titled "Recreational, boating and camping
equipment and personal recreational use trailers; parking on
residential property restricted."
Sec. 18-35.1. Recreational vehicles and
trailers; parking on
residential property
restricted in R-1 and R-2
residential zoning districts.
Recreational, campers, and camping equip-
ment in the form of travel and/or camping trail-
§ 18-35.1MOTOR VEHICLES AND TRAFFIC
1179Supp. No. 76
ers, motor homes, personal use recreational use
trailers including motorcycle and all terrain
vehicle trailers and vans, designed and used
exclusively as temporary living quarters for
recreation, for camping, for travel and for other
personal recreation use, shall be parked in the
side or rear yard, or within completely enclosed
garages on sites containing a single family or
duplex residence, subject to the following condi-
tions:
(1) A maximum of two (2) pieces of such
equipment, inclusive of those provided
for in section 18-35, at a time shall be
permitted on a site, excluding those stored
within a completely enclosed garage. No
more than one (1) recreational vehicle
shall be permitted on site.
(2) Such parking shall be limited to such
equipment owned or leased by and for
the use of the occupant of the site.
(3) The location for such parked equipment
shall be in the rear yard at least five (5)
feet from the rear property line, or in the
side yard not projecting beyond the front
building line. Equipment, including equip-
ment owned by a guest of an occupant,
may be temporarily parked on the site
from the front building line to the paved
street or alleyway (including the swale/
rights-of-way as long as no portion extends
into any sidewalk or street) for a period
of time not to exceed four (4) twenty-four
hour periods in any fourteen (14) day
period unless prohibited by section
18-34.1.
(4) Such equipment shall, at all times, be
currently registered and licensed as
required by the laws of the State of
Florida and, if applicable, shall display a
current registration sticker and have
attached a current vehicle license plate.
(5) When parked on the site, such equip-
ment shall not be used for living or
sleeping quarters or for housekeeping or
storage purposes and shall not have
attached thereto any water, sewer, electric
or gas service connection, except as may
be periodically required to maintain the
equipment and appliances or recharge a
vehicle's storage batteries.
(6) Such equipment shall not exceed the
maximum length, width, height and
weight permitted under applicable provi-
sions of the motor vehicle laws of the
State of Florida; provided, however, the
maximum length of the equipment
exclusive of the trailer shall not exceed
thirty (30) feet and the maximum height
shall not exceed ten (10) feet, exclusive of
affixed mechanical equipment.
(7) Such equipment shall be securely affixed
to the ground or removed immediately
upon the issuance of a hurricane or
tropical storm warning by a recognized
government agency so that it will not be
a hazard or menace during high winds or
hurricanes.
(8) All such equipment, when parked on site
shall be visually screened from the view
of abutting properties and alleyways in
accordance with the requirements set
forth below. The line of sight shall be
from the edge of abutting properties,
street rights-of-way and alleyways clos-
est to the site. Equipment is not required
to be screened from the right-of-way
providing access to the rear or side yard
if such equipment is located behind a
gate at least six (6) feet in height and no
more than twenty (20) feet wide.
Screening shall be in the form of a properly
anchored wall, fence or gate (meeting all
building code requirements) or a hedge
or other living vegetation, each with a
minimum opacity of ninety percent (90%).
Walls, gates or fences shall be constructed
in accordance with section 45-36(D), and
the use of chain link fencing with
windscreens is prohibited. Hedges or other
living vegetation shall be planted in the
ground and shall be of sufficient height
to screen such equipment. If screening
located on the same property as the
equipment requires vegetation greater
than four (4) feet in height, vegetation
§ 18-35.1 NORTH PALM BEACH CODE
1180Supp. No. 76
shall be planted a minimum of four (4)
feet at grade and shall reach a sufficient
height to screen such equipment within
two (2) years. Existing hedges or other
living vegetation on an adjacent property
may be used to provide the required
screening, provided, however, that in the
event the hedges or other living vegeta-
tion on an adjacent property is removed
and not replaced so as to provide the
required screening, screening shall be
provided on the property on which the
equipment is located in accordance with
the requirements of this section or the
equipment shall be removed from the
property. Vegetation shall be maintained
at all times so as not to encroach onto
neighboring properties (if provided on
the property on which the equipment is
located) or rights-of-way.
(9) All such equipment and the associated
parking areas shall be kept in a clean,
neat and presentable condition. Such
equipment shall not be inoperable,
wrecked, junked, partially dismantled or
abandoned. Major repairs or overhauling
shall not be conducted on the site.
(10) The village council finds that, as a matter
of fact, recreational equipment and camp-
ing equipment are customary accessory
uses of the land in R-1 and R-2 zoning
districts in the village.
(11) Such parked equipment shall not be used
in the course of any commercial activity.
For this purpose, commercial activity
shall include any type of business or
activity which is conducted on or off the
subject premises.
(12) Any resident who, on or before November
12, 2020, both (i) owns equipment that
does not meet the dimensional require-
ments of subsection (6) above or the
setback from the rear property line
required by subsection (3) above and (ii)
has stored such equipment on his or her
property, may file an application for a
dimensional exception on a form sup-
plied by the community development
department. No fee shall be charged for
such application.
(a) An applicant seeking an exception
to the dimensional requirements or
rear setback requirement shall be
required to demonstrate that the
applicant meets all other require-
ments of this section including, but
not limited to, required screening,
and that the equipment will not
significantly affect the natural light
or increase the shadows or shade on
an adjacent property to the extent
that the storage of the equipment
on the applicant's property has a
negative impact on the neighbor's
enjoyment of his or her property.
(b) The application shall be accompanied
by the following information:
1. Documentation demonstrating
equipment ownership and date
of acquisition;
2. Identification of the location of
the equipment as evidenced by
photographs and/or a sketch;
and
3. Identification of the wall, fence
or vegetation utilized for screen-
ing in relation to adjacent
properties as evidenced by
photographs and/or a sketch.
Upon receipt of a completed applica-
tion, village staff will conduct a site
visit to verify compliance with the
criteria set forth above and may
require the applicant to provide
additional information to complete
the application process.
(c) The community development depart-
ment shall review the application to
ensure it is complete and prepare
the necessary documentation for
review by the village council. The
village council shall approve, approve
with conditions or deny the applica-
§ 18-35.1MOTOR VEHICLES AND TRAFFIC
1181Supp. No. 76
tion. The village council's final
determination shall be set forth in a
written order.
(d) The applicant shall be required to
notify all adjacent property owners,
including the owners of properties
separated from the applicant's
property by a public or private right-
of-way, of the council's consideration
of the dimensional exception applica-
tion. Such notice shall be on a form
supplied by the community develop-
ment department. Ownership shall
be determined utilizing the county
property appraiser's database. At
least seven (7) days prior to the
village scheduling the dimensional
application for consideration by the
village council, the applicant shall
provide a notarized certification that
such notice has been provided to all
adjacent property owners either via
first class mail or hand-delivery. No
additional notice shall be required.
(e) A dimensional exception shall not
run with the property and the sale
of the property, a change in the
occupant of the property, or a change
in the ownership of the equipment
shall terminate the approval. Once
a dimensional exception has been
granted by the village council, any
increase in the size of the equip-
ment or significant alteration of the
required screening, including, but
not limited to, the removal of a
hedge or living vegetation on
adjacent property, shall require a
new application. Notwithstanding
the foregoing, if a resident who has
been granted a dimensional excep-
tion acquires new equipment of the
same or smaller dimension that still
exceeds the dimensional require-
ments set forth in subsection (6)
above, he or she shall be required to
apply for administrative approval
on a form supplied by the com-
munity development department.
(Ord. No. 2016-07, § 4, 9-8-16; Ord. No. 2019-06,
§ 3, 7-11-19; Ord. No. 2021-01, § 3, 1-14-21)
Sec. 18-36. Parking in violation of signs.
It shall be unlawful, when signs have been
erected giving notice thereof, to stop, stand or
park a vehicle in violation of signs regulating or
prohibiting the stopping, standing or parking of
vehicles.
Sec. 18-37. Violations; fines—Handicap
spaces.
The fine for stopping, standing or parking in
handicap parking spaces in violation of F.S.
sections 316.1955, 316.1956 shall be in the amount
of one hundred dollars ($100.00).
(Ord. No. 32-90, § 1, 8-9-90)
Editor’s note—Ordinance No. 32-90, adopted Aug. 9,
1990, did not specifically amend this Code; hence, inclusion
of § 1 as § 18-37 was at the discretion of the editor.
Sec. 18-38. Same—Non-handicap spaces.
The fine for stopping, standing and parking a
vehicle in violation of provisions, other than
handicap parking provisions, of this article shall
be in the amount of twenty-five dollars ($25.00).
(Ord. No. 40-90,, § 1, 12-13-90; Ord. No. 5-96,
§ 1, 1-25-96)
Editor’s note—Ordinance No. 40-90, adopted Dec. 13,
1990, did not specifically amend this Code; hence, inclusion
of § 1 as § 18-38 was at the discretion of the editor.
§ 18-35.1 NORTH PALM BEACH CODE
[The next page is 1225]
1182Supp. No. 76
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. 76
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)
2021-01 1-14-21 2, 3 18-35, 18-35.1
2021-02 1-28-21 2 6-17
NORTH PALM BEACH CODE
[The next page is 2933]
2898Supp. No. 76