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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. [1] 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 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 76 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 Page No. Supp. No. 12.1 61 13, 14 25 15, 16 68 17, 18 68 65 68 77 74 79, 80 OC 81, 82 58 83, 84 74 133, 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 68 138.7, 138.8 68 138.9, 138.10 68 139, 140 71, Add. NORTH PALM BEACH CODE [2] Supp. No. 76 Page No. Supp. No. 141, 142 62 142.1, 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 73 155, 156 46 157, 158 52 159, 160 73 160.1, 160.2 73 161, 162 46 162.1, 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 Page No. Supp. No. 327, 328 72 329, 330 72 331, 332 72 333, 334 72 335, 336 72 336.1 72 337 71 381, 382 75 383, 384 76 384.1 76 385, 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 CHECKLIST OF UP-TO-DATE PAGES [3] Supp. No. 76 Page No. Supp. No. 723 52 725, 726 67 727 67 777 66 779, 780 66 781, 782 66 783, 784 66 785, 786 66 787, 788 66 789, 790 66 791, 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 Page No. Supp. No. 1058.1 75 1059, 1060 33 1060.1, 1060.2 43 1060.3, 1060.4 43 1060.5 43 1061, 1062 8 1063, 1064 54 1065, 1066 71 1067, 1068 71 1069, 1070 61 1121 OC 1171 65 1173, 1174 65 1175, 1176 70 1177, 1178 76 1179, 1180 76 1181, 1182 76 1225 61 1227, 1228 61 1229, 1230 63 1231, 1232 75 1233, 1234 75 1235 75 1237, 1238 52 1239, 1240 52 1241, 1242 52 1289 75 1291, 1292 75 1293, 1294 75 1343, 1344 62 1345, 1346 75 1347, 1348 75 1349, 1350 75 1350.1, 1350.2 75 1351, 1352 33 1353, 1354 33 1355, 1356 33 1356.1 33 NORTH PALM BEACH CODE [4] Supp. No. 76 Page No. Supp. No. 1357, 1358 OC 1359, 1360 33 1361, 1362 33 1363, 1364 52 1364.1 52 1365, 1366 33 1366.1, 1366.2 52 1366.3, 1366.4 33 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 1521, 1522 47 1523, 1524 71 1573 24 1575, 1576 29 1627 9 1629, 1630 27 1631 27 1681, 1682 75 1683, 1684 75 1685, 1686 75 1687, 1688 75 1739 14 1741, 1742 21 1781 65 1783, 1784 65 1785, 1786 65 1787, 1788 65 1789, 1790 65 1791, 1792 65 1793, 1794 65 1795, 1796 65 1797, 1798 65 Page No. Supp. No. 1799 65 2043 OC 2045, 2046 75 2047, 2048 75 2049, 2050 75 2050.1 75 2051, 2052 OC 2053 OC 2353 OC 2355, 2356 OC 2357, 2358 33 2359, 2360 33 2361, 2362 33 2363, 2364 33 2365, 2366 75 2367, 2368 75 2369, 2370 75 2370.1 75 2371, 2372 OC 2373, 2374 33 2375, 2376 33 2377, 2378 33 2379 67 2479, 2480 75 2481, 2482 75 2483, 2484 75 2485, 2486 75 2487, 2488 75 2489, 2490 75 2491, 2492 75 2493, 2494 75 2495, 2496 75 2497, 2498 75 2499, 2500 75 2501, 2502 75 2503, 2504 75 2505, 2506 75 2507, 2508 75 CHECKLIST OF UP-TO-DATE PAGES [5] Supp. No. 76 Page No. Supp. No. 2509, 2510 75 2511, 2512 75 2513, 2514 75 2515, 2516 75 2517, 2518 75 2519, 2520 75 2521, 2522 75 2523, 2524 75 2525, 2526 75 2527, 2528 75 2529, 2530 75 2531, 2532 75 2533, 2534 75 2535, 2536 75 2537, 2538 75 2539, 2540 75 2541, 2542 75 2543, 2544 75 2545, 2546 75 2547, 2548 75 2549, 2550 75 2551, 2552 75 2553, 2554 75 2555, 2556 75 2557, 2558 75 2559, 2560 75 2561, 2562 75 2563, 2564 75 2565, 2566 75 2567, 2568 75 2569, 2570 75 2571, 2572 75 2573, 2574 75 2575, 2576 75 2577, 2578 75 2579, 2580 75 2581, 2582 75 2583, 2584 75 Page No. Supp. No. 2585, 2586 75 2587, 2588 75 2589, 2590 75 2591, 2592 75 2593, 2594 75 2595, 2596 75 2597, 2598 75 2599, 2600 75 2601, 2602 75 2603, 2604 75 2605, 2606 75 2607, 2608 75 2609, 2610 75 2611, 2612 75 2613, 2614 75 2615, 2616 75 2617, 2618 75 2619, 2620 75 2621, 2622 75 2623, 2624 75 2625, 2626 75 2627, 2628 75 2629, 2630 75 2631, 2632 75 2633, 2634 75 2635, 2636 75 2637, 2638 75 2639, 2640 75 2641, 2642 75 2643, 2644 75 2645, 2646 75 2647, 2648 75 2649, 2650 75 2701 75 2819, 2820 75 2821 75 2869, 2870 OC 2871 OC NORTH PALM BEACH CODE [6] Supp. No. 76 Page No. Supp. No. 2873 OC 2875, 2876 OC 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 76 2933, 2934 25 2935, 2936 71, Add. 2937, 2938 75 2939, 2940 75 2941, 2942 75 2943, 2944 75 2945, 2946 75 2947, 2948 75 2949, 2950 75 2951, 2952 74 2953, 2954 74 2955, 2956 75 2957, 2958 75 2959 75 2961, 2962 75 2963, 2964 75 2965, 2966 75 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