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Code of Ordinances Supplement 80SUPPLEMENT NO. 80 June 2022 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. 2022-10 adopted May 12, 2022. 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:5 SH:5 134.3—136.1 135—136.3 152.3—160.2 153—160.6 1175—1178 1175—1178 1225, 1226 1225, 1226 1237, 1238 1237—1238.2 1363—1366.2 1363—1366.2.1 2479—2488.1 2479—2488.1 2501—2504 2501—2504.2 2819—2821 2819—2821 2897, 2898 2897, 2898 2941, 2942 2941, 2942 2947, 2948 2947—2948.1 2957—2959 2957—2959 2965, 2966 2965, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 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 xiSupp. No. 80 Chapter Page Art. IV. Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Art. V. Pensions and Retirement Systems. . . . . . . . . . . . 144 Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Div. 2. Social Security . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Div. 3. Pension and Certain Other Benefits for 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 NORTH PALM BEACH CODE xiiSupp. No. 80 Chapter Page Art. III. Exempt Employee Emergency Duty . . . . . . . . . 511 9. Country Club . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 559 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561 Art. II. Golf Advisory Board . . . . . . . . . . . . . . . . . . . . . . . . 562 Art. III. Finances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 563 10. Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 615 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617 Art. II. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 Art. III. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 Art. IV. Polling Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 11. Electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 671 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 673 Art. II. Electrical Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 673 11.5. Emergency Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 695 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697 Art. II. Emergency Medical Services. . . . . . . . . . . . . . . . . 697 12. Fire Prevention and Protection. . . . . . . . . . . . . . . . . . . . . .. . . . 723 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 725 Art. II. Florida Fire Prevention Code. . . . . . . . . . . . . . . . 725 Art. III. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 726 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances. . . . . . . . . . . 726 12.5. Flood Damage Prevention. . . . . . . . . . . . . . . . . . . . . . . . .. . . . 777 Art. I. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 779 Art. II. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .789 Art. III. Flood Resistant Development . . . . . . . . . . . . . . . 794 13. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 839 14. Health and Sanitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 889 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 891 Art. II. Garbage, Trash and Refuse. . . . . . . . . . . . . . . . . . 891 Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 891 Div. 2. Garbage Collection and Disposal . . . . . . . . . 891 Div. 3. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893 Art. III. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893 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. xiiiSupp. No. 80 Chapter Page 17. Licenses and Miscellaneous Business Regulations. . . . .. . . 1051 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1053 Art. II. Local Business Tax . . . . . . . . . . . . . . . . . . . . . . . . . 1057 Art. III. Businesses Located Outside Village Limits . . 1060.4 Art. IV. Simulated Gambling Devices. . . . . . . . . . . . . . . . 1063 Art. V. Ambulances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1065 Art. VI. Garage and Other Sales . . . . . . . . . . . . . . . . . . . . 1066 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 Art. IV. Golf Carts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1182 19. Offenses and Miscellaneous Provisions . . . . . . . . . . . . . .. . . . 1225 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1227 Art. II. Sexual Offenders and Sexual Predators . . . . . . 1230 Art. III. Offenses Against Property. . . . . . . . . . . . . . . . . . 1230.1 Art. IV. Offenses Against Public Morals . . . . . . . . . . . . . 1230.1 Art. V. Offenses Against Public Peace . . . . . . . . . . . . . . . 1231 Art. VI. Noise Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1231 Art. VII. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1234 Art. VIII. Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1234 Art. IX. Mandatory Year-Round Landscape Irrigation Conservation Measures. . . . . . . . . . . . . . . . . . . . . 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 NORTH PALM BEACH CODE xivSupp. No. 80 Chapter Page Art. III. Reserve Force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465 24. Streets, Sidewalks and Public Places . . . . . . . . . . . . . . . .. . . . 1517 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1519 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 30. Stormwater Management Utility. . . . . . . . . . . . . . . . . . . . .. . . 1821 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2634.3 Art. VI. Rezonings; Variances; Waivers . . . . . . . . . . . . . . 2634.3 Art. VII. Nonconforming Uses of Land and Structures 2633 Art. VIII. Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2636 TABLE OF CONTENTS—Cont'd. xvSupp. No. 80 Appendices Page D. Franchises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 2701 Statutory Reference Table . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 2819 Code Comparative Table—1970 Code. . . . . . . . . . . . . . . . . . . . . .. . . 2869 Code Comparative Table—Laws of Florida. . . . . . . . . . . . . . . . . .. . 2873 Code Comparative Table—Ordinances. . . . . . . . . . . . . . . . . . . .. . . . 2875 Charter Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 2933 Code Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 2935 NORTH PALM BEACH CODE xviSupp. No. 80 [1] Supp. No. 80 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 79 iii 1 v, vi OC vii, viii OC ix OC x.i, x.ii 1 x.iii 1 xi, xii 80 xiii, xiv 80 xv, xvi 80 SH:1, SH:2 63 SH:3, SH:4 77 SH:5 80 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 Page No. Supp. No. 11, 12 61 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 79 135, 136 80 136.1, 136.2 80 136.3 80 137, 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 NORTH PALM BEACH CODE [2] Supp. No. 80 Page No. Supp. No. 139, 140 71, Add. 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 75 153, 154 80 155, 156 80 157, 158 80 159, 160 80 160.1, 160.2 80 160.3, 160.4 80 160.5, 160.6 80 161, 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 79 211 OC 213, 214 19 263 59 265, 266 59 266.1 59 267, 268 52 269 52 319, 320 79 321, 322 72 322.1 72 323, 324 69 325, 326 69 Page No. Supp. No. 327, 328 79 329, 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 78 671 2 673 24 695 13 697 52 CHECKLIST OF UP-TO-DATE PAGES [3] Supp. No. 80 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 78 891, 892 78 893, 894 78 895, 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 79 1173, 1174 65 1175, 1176 80 1177, 1178 80 1179, 1180 76 1181, 1182 79 1183, 1184 79 1225, 1226 80 1227, 1228 61 1229, 1230 78 1230.1 78 1231, 1232 75 1233, 1234 75 1235 75 1237, 1238 80 1238.1, 1238.2 80 1239, 1240 52 1241, 1242 52 1289 79 1291, 1292 79 1293, 1294 79 1343, 1344 62 1345, 1346 75 1347, 1348 75 1349, 1350 75 1350.1, 1350.2 75 1351, 1352 33 NORTH PALM BEACH CODE [4] Supp. No. 80 Page No. Supp. No. 1353, 1354 33 1355, 1356 33 1356.1 33 1357, 1358 OC 1359, 1360 33 1361, 1362 33 1363, 1364 80 1365, 1366 80 1366.1, 1366.2 80 1366.2.1 80 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 Page No. Supp. No. 1793, 1794 65 1795, 1796 65 1797, 1798 65 1799 78 1821 78 1823, 1824 78 1825, 1826 78 1827 78 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 80 2481, 2482 80 2483, 2484 80 2485, 2486 80 2487, 2488 80 2488.1 80 2489, 2490 75 2491, 2492 75 CHECKLIST OF UP-TO-DATE PAGES [5] Supp. No. 80 Page No. Supp. No. 2493, 2494 75 2495, 2496 75 2497, 2498 75 2499, 2500 75 2501, 2502 80 2503, 2504 80 2504.1, 2504.2 80 2505, 2506 75 2507, 2508 75 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 77 2559, 2560 75 2561, 2562 75 2563, 2564 75 2565, 2566 75 Page No. Supp. No. 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 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 78 2607, 2608 78 2609, 2610 78 2611, 2612 79 2612.1 79 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 78 2634.1, 2634.2 78 2634.3, 2634.4 78 2635, 2636 75 NORTH PALM BEACH CODE [6] Supp. No. 80 Page No. Supp. No. 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 80 2821 80 2869, 2870 OC 2871 OC 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 80 2933, 2934 25 2935, 2936 71, Add. 2937, 2938 79 2939, 2940 79 2941, 2942 80 2943, 2944 79 2945, 2946 79 2947, 2948 80 2948.1 80 2949, 2950 79 2951, 2952 79 2953, 2954 79 2955, 2956 78 Page No. Supp. No. 2956.1 78 2957, 2958 80 2959 80 2961, 2962 75 2963, 2964 75 2965, 2966 80 Ord. No. Date Adopted Included/ Omitted Supp. No. 2021-06 4-22-21 Included 77 2021-07 6-10-21 Included 78 2021-08 7- 8-21 Omitted 78 2021-09 7- 8-21 Included 78 2021-13 9- 8-21 Included 78 2021-14 9- 8-21 Included 78 2021-15 9- 8-21 Included 78 2021-16 9-23-21 Omitted 78 2021-17 9-23-21 Omitted 78 2021-18 9-23-21 Included 78 2021-10 10-28-21 Omitted 79 2021-19 11-18-21 Included 79 2021-20 11-18-21 Included 79 2022-01 1-13-22 Included 79 2022-02 1-13-22 Included 79 2022-03 1-27-22 Included 80 2022-04 3-10-22 Omitted 80 2022-05 4-14-22 Included 80 2022-06 4-14-22 Included 80 2022-07 4-14-22 Included 80 2022-08 4-28-22 Omitted 80 2022-09 4-28-22 Included 80 2022-10 5-12-22 Included 80 SUPPLEMENT HISTORY TABLE SH:5Supp. No. 80 ARTICLE I. IN GENERAL Sec. 2-1. Boards and committees. (a)Purpose.The purpose of this section is to establish procedures for village boards and com- mittees. Except as specifically provided by law or ordinance, all boards and committees are advisory only and the existence of such advisory boards and committees does not diminish or alter the statutory or constitutional authority of the village council. (b)Scope.The provisions of this section shall apply to all village boards and committees and shall govern the conduct of all members of such boards. (c)Creation of advisory boards.The village council may, by ordinance, create a board or committee in connection with any function of the village. The ordinance creating such board shall specify the purpose, powers, and duties of the board. Nothing set forth herein shall prevent the village council from creating ad hoc committees of limited duration by resolution. (d)Records.Each board and committee shall maintain attendance records and voting records of each member and shall forward such informa- tion to the village clerk. The records shall include the reason given by the board or committee member for any absence. (e)Compensation of members.Board and com- mittee members shall serve without compensa- tion except as may be provided by ordinance or resolution of the village council. (f)General provisions.Members of village boards and committees: (1) Shall serve at the pleasure of the village council and may be removed with or without cause by a vote of the village council; (2) Shall be a resident of the village and maintain residency in the village during the term of appointment (unless waived by the village council) and meet such other eligibility requirements as may be established by the village council; (3) Shall not hold any employment or office in village government or any contractual relationship with the village; (4) Shall serve on only one (1) village board or committee where membership on two (2) boards or committees would violate the constitutional dual office-holding prohibition; (5) Shall not appear before the board or committee on which they serve or the village council as an agent or attorney on behalf of any person or entity; (6) Shall not have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between their private interests and the performance of their public duties or that would impede the full and faith- ful discharge of their public duties; and (7) Shall not initiate any grievance or complaint against any person appearing before the board or committee on which they serve without the approval of the village manager. (g)Number of members. Unless otherwise provided by law or ordinance, each advisory board or committee shall have seven (7) members. (h)Terms of members. (1) The terms of members shall be established in the ordinance creating the board or committee. Notwithstanding the forego- ing, the village council may, at the time of appointment, modify the term of any member in order to provide for staggered terms. (2) Members whose terms have expired shall continue to serve until their successors are appointed. (3) Board and committee members may be reappointed to successive terms. (4) Appointments to fill vacancies on any board or committee shall be for the remainder of the unexpired term. § 2-1ADMINISTRATION 135Supp. No. 80 (i)Officers. (1) All boards and committees shall, at a meeting during the month of May, elect a chairperson, a vice-chairperson, and any other officers as the board deems neces- sary. The chairperson shall preside at board meetings and shall be the official spokesperson for the board. (2) The vice-chairperson shall assume the duties of the chairperson in the absence of the chairperson. At any meeting where the chairperson and the vice-chairperson are absent, the board or committee shall appoint a chairperson pro tempore to assume the duties of the chairperson. (j)Rules.Each board and committee shall adopt rules and regulations regarding the manner of conducting its meetings, which shall be consistent with the rules and regulations prescribed by the village council. Each board and committee shall adhere to the basic rules of parliamentary procedure, which require that: (1) All items of business and motions that are properly before the board or commit- tee are fully and freely discussed; (2) Only one (1) issue or motion be considered at a time; (3) All members direct their remarks to the chairperson and wait to be recognized by the chairperson; (4) While majority rules, the rights of the minority are protected by assuring them the ability to speak and vote; and (5) All members refrain from making personal remarks or otherwise attacking the motives of other members. (k)Meetings. (1) All village boards and committees shall endeavor to schedule a regular meeting once per month. Meetings shall be held at the call of the chairperson, at such other times as the board or committee may determine, or as otherwise provided by law or ordinance. Special meetings may be called by the chairperson or by written notice signed by a majority of all members and shall not be held unless at least forty-eight (48) hours notice is given to each member and to the village clerk. (2) Members shall notify the chairperson if they are unable to attend a meeting. If a quorum will not be present, the scheduled meeting shall be cancelled. (3) Minutes shall be kept of the proceedings at each meeting and shall record the official acts taken by the board or com- mittee. Minutes shall be transmitted to, and maintained by, the village clerk. (4) All meetings and public hearings of vil- lage boards and committees shall be open to the public. All meetings shall be governed by Government-in-the-Sunshine Law, as set forth in F.S. § 286.011. (5) Absent exigent circumstances, no board or committee meeting shall begin prior to 5:30 p.m. and all meetings shall be adjourned on or before 11:00 p.m. on the date when the meeting convened. (l)Quorum and required vote. (1) Unless otherwise provided by law or ordinance, a quorum for the transaction of business shall consist of four (4) members. (2) The affirmative vote of a majority of those present shall be necessary to take official action. If any motion fails to achieve the affirmative vote of a majority of those present, then such petition or other matter shall be deemed denied. (m)Removal of members. (1) Unless waived by the village council, any member who no longer resides within the village during his or her term shall automatically cease to be a member of the board or committee and shall inform the village clerk's office. (2) If any member of a board or committee is absent from three (3) consecutive regular meetings or twenty-five (25) percent of the regular meetings within a twelve- month period (from May 1 st to April 30th), the village clerk shall notify the § 2-1 NORTH PALM BEACH CODE 136Supp. No. 80 village council of such absences in writ- ing. Upon consideration of the circumstances pertaining to the member's absences, the village council may retain the member or declare the member's office vacant and promptly fill such vacancy for the unexpired term of office. (n)Resignation of members.Members of boards or committees may resign at any time, by submit- ting a written letter of resignation to the village clerk. (o)Clerical/technical support.The village manager may furnish the board or committee necessary clerical services and technical assistance. (p)Dissolution of boards.Unless otherwise provided by law or ordinance, the village council may dissolve a board or committee if the village council determines that the board is no longer needed to meet the purposes for which it was established. (Code 1970, § 2-18; Ord. No. 18-2001, § 1, 6-28-01; Ord. No. 06-2002, § 1, 2-28-02; Ord. No. 2007-13, §§ 1, 2, 7-12-07; Ord. No. 2019-01, § 2, 3-14-19; Ord. No. 2022-03, § 2, 1-27-22) Sec. 2-2. Budget procedures. (a) The village manager shall prepare and submit to the members of the council, at least forty-five (45) days prior to the first regular meeting of the council in September of each year, a balanced budget for the operation of the village government during the next fiscal year, includ- ing an estimate of the revenues and expenditures in such forms as to afford the council a comprehensive understanding of the needs and requirements of the various divisions of the village government for the ensuing year. Suf- ficient copies of this budget shall be prepared so that there shall be at least three (3) copies on file in the office of the village clerk. (b) The council is hereby authorized and empowered to prepare and adopt a budget for each fiscal year by ordinance to be introduced at the first regular meeting of the council in September of each year, which ordinance shall fix and determine the amount of money to be raised by taxation in the village for the following fiscal year and shall also make separate and several appropriations for the payment of all necessary operating expenses of the village and for the payment of interest and principal of any indebtedness of the village, and to set forth an estimate of all income from all sources whatsoever which shall be received by the village. (c) Before final passage of the budget ordinance, the village clerk shall cause the same as introduced to be posted at the village hall and in at least one (1) other conspicuous place in the village. At those places the village clerk shall post a notice stating the time and place the budget will be acted on finally and shall also state in such notice that the estimate of the village manager upon which the budget is based is on file for inspection of the public at the office of the village clerk. The budget ordinance shall not be passed by the council until twelve (12) days after such posting, but not later than September 30. (Ch. 31481 (1956), Laws of Fla., Art. VII, § 3; Ch. 65-1969, Laws of Fla., § 5; Ord. No. 21-76, § 1, 10-14-76; Ord. No. 15-77, §§ 1, 2, 8-25-77; Ord. No. 23-2001, § 1, 8-9-01) Charter reference—Provisions of former charter not embraced in or inconsistent with 1976 revision continued in effect as ordinances, Art. VI, § 1. Sec. 2-3. Reserved. Editor’s note—Ord. No. 2019-01, § 2, adopted March 14, 2019, repealed § 2-3, which pertained to adjournment of meetings of boards and commissions and derived from Ord. No. 21-95, § 1, adopted July 27, 1995. Sec. 2-4. Investment policy of the village. (a)Purpose.The purpose of this statement is to set forth the policy and objectives governing the investment management of public funds of the village that are in excess of the amounts needed to meet current expenses. This invest- ment policy places the highest priority on the safety and liquidity of funds. (b)Scope.This investment policy applies to all the investment activity of the village, except for its employees' pension funds, which are organized and administered separately, or for § 2-4ADMINISTRATION 136.1Supp. No. 80 funds related to the issuance of debt where there are other existing policies or indentures in effect for such funds. Funds included: (1) General fund. (2) Special revenue funds. (3) Enterprise funds. (4) Capital projects funds. (5) Any new funds created by the governing body unless specifically exempt. (c)Investment Objectives.The primary objec- tives, in priority of order of investment activities, shall be safety of principal, liquidity of funds, and maximizing investment income. (1)Safety.Safety of principal is the foremost objective of investment activities. Invest- ments shall be undertaken in a manner that seeks to insure preservation of capital in the overall portfolio. All other invest- ment objectives are secondary to the safety of principal. The objective will be to mitigate credit risk and interest rate risk. a.Credit risk.Credit risk, the risk of loss due to the failure of the security issuer or backer, will be minimized by: 1. Limiting investments to safe types of securities. 2. Pre-qualifying the financial institutions, broker dealers, intermediaries, and advisers with which the village will do business. 3. Diversifying the investment portfolio so that potential losses on individual securities will not place an undue financial burden on the village, and 4. Monitoring all of the village's investments to anticipate and respond appropriately to chang- ing market conditions. 5. Quarterly reporting, in comparative format, of all market values of invested funds and instruments. b.Interest rate risk.The village will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates, by: 1. Structuring the investment portfolio so that the securities mature to meet cash require- ments for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and 2. Investing operating funds primarily in short-term securi- ties, money market mutual funds, or similar investment pools unless it is anticipated that long-term securities can be held to maturity without jeopardizing the liquidity requirements. (2)Liquidity. a.General liquidity.The investment portfolio shall remain sufficiently liquid to meet all operating require- ments that may be reasonably anticipated. This is accomplished by structuring the portfolio so that the securities mature concurrent with cash needs to meet anticipated demands. Furthermore, since all pos- sible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets. Portions of the portfolio may be placed in interest-bearing checking/ savings accounts with qualified public depositories, Securities and Exchange Commission registered money market funds with the high- est credit quality rating from a Nationally Recognized Statistical Rating Organization (NRSRO), or § 2-4 NORTH PALM BEACH CODE 136.2Supp. No. 80 local government investment pools which offer same-day liquidity for short-term funds. b.Local liquidity.The chief financial officer of the village shall establish and maintain a local, liquid fund in an amount equal to, as a minimum, § 2-4ADMINISTRATION 136.3Supp. No. 80 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 distribution paid directly to an eligible retire- ment plan specified by the participant in a direct rollover or to receive such distribution directly, then the Board will pay the distribution in a direct rollover to an individual retirement plan designated by the Board. This section is effective for mandatory distributions after October 1, 2006. (Ord. No. 13-95, § 1, 3-23-95; Ord. No. 2010-07, § 14, 5-27-10) Sec. 2-158. Cost of living adjustment. The amount of pension benefit will be increased in accordance with the changes in the consumer price index for urban wage earners (CPI-W) South, published by the U.S. Bureau of Labor Statistics. Adjustments of pension payments will be made on October 1 of each year reflecting the change in the consumer price index over the twelve-month period ending April 1 of that year. The maximum increase in the member's pension benefit for any one (1) year is three (3) percent. Such adjustments shall apply to each retire- ment, survivor or disability benefit in pay status as of each October 1. This provision is mandatory for all employees hired after the May 11, 2000 and such employees shall contribute two (2) percent of their salary for this benefit. The cost of living adjustment and contribution of salary as specified in this section shall be optional with all employees who were hired prior to May 11, 2000. The cost of living adjustment (COLA) set forth herein shall apply to all forms of benefits set forth in sections 2-148 and 2-149 of this Code. (Ord. No. 13-2000, § 1, 5-11-00;Ord. No. 25-2005, § 3, 9-8-05; Ord. No. 27-2005, § 3, 9-29-05; Ord. No. 2010-07, § 16, 5-27-10) Editor’s note—Ord. No. 2010-07, §§ 15, 16, adopted May 27, 2010, repealed former § 2-158 in its entirety and renumbered former § 2-158.1 as section 2-158. Repealed former § 2-158 pertained to optional benefit plan and derived from Ord. No. 12-96, § 2, adopted March 28, 1996; Ord. No. 28-96, § 1, adopted July 25, 1996; Ord. No. 35-2003, §§ 2, 3, adopted Dec. 11, 2003; Ord. No. 16-2004, § 2, adopted July 22, 2004. DIVISION 4. PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES* Sec. 2-159. Creation of trust and defini- tions. (a)Creation of trust.A pension and retire- ment system for full-time firefighters and police officers of the village is hereby established to provide retirement, survivor and disability benefits as provided by this division. The system shall be known as the Village of North Palm Beach Fire and Police Retirement Fund and is intended to be a tax qualified plan under Internal Revenue Code Section 401(a) and meet the requirements of a governmental plan as defined in Internal Revenue Code Section 414(d). *Editor’s note—Ordinance No. 9-82, enacted June 10, 1982, did not expressly amend the Code; hence, codification of §§ 1—11 as herein set out in §§ 2-159—2-169 was at the discretion of the editor. Cross references—Fire division, § 12-29 et seq.; police, Ch. 23. § 2-159ADMINISTRATION 153Supp. No. 80 (b)Definitions.As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accrued benefit means the portion of a member's normal retirement benefit which is considered to have accrued as of any date, as follows: (1) A member's accrued benefit for years of credited service earned before October 1, 2018 shall be equal to the sum of two and one-half percent of the member's average monthly earnings multiplied by the member's credited service for the first twenty-four (24) years; zero (0) percent of the member's average monthly earnings multiplied by the member's credited service for each year after twenty-four (24) years up to thirty (30) years; and two (2) percent of the member's average monthly earnings multiplied by the member's credited service for each year in excess of thirty (30) years. (2) A member's accrued benefit for years of credited service earned on and after October 1, 2018 (provided the member was employed by the Village on or after July 11, 2019) shall be equal to two and three-fourths percent per year of service. For Police Officers and Firefighters who retire prior to October 1, 2022, the total accrued benefit shall not be greater than seventy-five (75) percent of average monthly earnings at the time of retire- ment (including entry into the DROP), but in all cases the accrued benefit earned on and after October 1, 2018 shall be at least two and three-fourths percent per year of service on and after October 1, 2018. For Firefighters who retire on and after October 1, 2022, the total accrued benefit shall not be greater than eighty (80) percent of average monthly earnings at the time of retirement (including entry into the DROP), but in all cases the accrued benefit earned on and after October 1, 2018 shall be at least two and three-fourths percent per year of service on and after October 1, 2018. (3) For purposes of this calculation, average monthly earnings and credited service as of the date of determination shall be used. The accrued benefit is considered to be payable in the plan's normal form commencing on the member's normal retirement date, with such date determined as through the member remains in full-time employment with the employer. Accumulated contributions means a member's own contributions plus interest credited thereto, if any, by the board. 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 using seven (7) percent interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five (5) years in the case of disability retirees. Average monthly earnings means one-sixtieth of earnings of a member during the five (5) years of his 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 actual employment. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a member who has or have been designated 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 person so designated is living at that time, the beneficiary shall be the estate of the member. Board means the board of trustees which shall administer and manage the plan herein provided and serve as trustee of the fund. Credited service means the total number of years and fractional parts of years of service § 2-159 NORTH PALM BEACH CODE 154Supp. No. 80 expressed as years and completed months, during which a person serves as an employee as defined below, omitting intervening years and fractional parts of years, when such person may not be employed by the employer; provided, however, such person may have, without interrupting his other years of credited service, up to one (1) year's leave of absence. Notwithstanding the foregoing, no employee will receive credit for years or fractional parts of years of service for which he has withdrawn his contributions to the pension fund for those years or fractional parts of years of service unless he repays into the pension fund the contributions he has withdrawn, with interest, within ninety (90) days after his reemployment, as provided in section 2-160 below. Further, an employee may voluntarily leave his contributions in the pension fund for a period of five (5) years after leaving the employ of the employer, pending the possibility of his being rehired, without losing credit for the time he has participated actively as an employee. Should he not be re-employed within five (5) years, his contributions shall be returned to him without interest. It is provided further that credited service shall include any service, voluntary or involuntary, in the armed forces of the United States, provided the employee is legally entitled to re-employ- ment under the provisions of the federal USERRA provisions or any similar law; and provided further that the employee shall apply for reemployment within the time and under the conditions prescribed by law. 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. Early retirement date means for each member the first day of the month coincident with or next following the date on which he attains his fiftieth (50th) birthday. Earnings means a member's gross salary, including overtime as provided below, public safety pay increment and special pay, but exclud- ing bonuses, such as longevity, safety and attendance awards and any other non-regular payments such as unused sick leave or vacation time pay. Beginning with earnings after December 31, 2008 and pursuant to Internal Revenue Code Section 414(u)(7), the definition of earnings includes amounts paid by the village as dif- ferential wages to members who are absent from employment while serving in qualified military service. For Police Officer members only, effec- tive the first full payroll following October 1, 2013, Police Officers will be limited to three hundred (300) hours of overtime per officer per fiscal year. For Firefighter members only, effec- tive the first full payroll following December 11, 2014, Firefighters will be limited to two hundred (200) hours of overtime per firefighter per fiscal year. Effective date means March 1, 1967, the date on which this plan initially became effective. The effective date of this restated plan is the date as of which the village council adopts the plan. Employee means each actively employed full- time firefighter and police officer of the village. Employer means the Village of North Palm Beach, Florida. Firefighter means any person employed in the fire department who is certified as a firefighter as a condition of employment in accordance with the provisions of F.S. § 633.35, and whose duty it is to extinguish fires, to protect life, and to protect property. The term firefighter includes all certified, supervisory, and command person- nel whose duties include, in whole or in part, the supervision, training, guidance, and manage- ment responsibilities of full-time firefighters, part-time firefighters, or auxiliary firefighters but does not include part-time firefighters or auxiliary firefighters. § 2-159ADMINISTRATION 155Supp. No. 80 Fund means the trust fund established herein as part of the plan. Member means an employee who fulfills the prescribed participation requirements. Normal retirement date means for each member the first day of the month coincident with or next following the date on which the member attains age fifty-five (55) or the date on which the member attains age fifty-two (52) and has twenty- five (25) years of credited service. A member may retire on this normal retirement date or on the first day of any month thereafter. Plan or system means the Village of North Palm Beach Fire and Police Retirement Fund as contained herein and all amendments thereto. Plan year means each year commencing on October 1, and ending on September 30. Police officer means any person employed in the police department who is certified as a law enforcement officer as a condition of employment in accordance with the provisions of F.S. § 943.14, and who is vested with authority to bear arms and make arrests, and whose primary responsibil- ity is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and manage- ment responsibilities of full-time law enforce- ment officers, part-time law enforcement officers, or auxiliary law enforcement officers, but does not include part-time law enforcement officers or auxiliary law enforcement officers as the same are defined in F.S. §§ 943.10(6) and 943.10(8), respectively. Any public safety officer who is responsible for performing both police and fire services and who is certified as a police officer or firefighter shall be considered a police officer. Spouse shall mean the lawful wife or husband of a member at time of preretirement death or retirement. (Ord. No. 9-82, § 1, 6-10-82; Ord. No. 1-92, § 1, 2-13-92; Ord. No. 30-95, §§ 1, 2, 10-12-95; Ord. No. 2008-18, § 2, 11-13-08; Ord. No. 2010-01, § 2, 1-14-10; Ord. No. 2011-22, § 2, 12-8-11; Ord. No. 2014-11, § 2, 9-25-14; Ord. No. 2015-05, § 2, 4-9-15; Ord. No. 2019-11, § 2, 10-24-19; Ord. No. 2022-06, § 2, 4-14-22) Sec. 2-160. Membership. (a)Conditions of eligibility.Each person who becomes an employee must become a member of the plan as a condition of his employment. Each such employee shall be considered a member immediately upon hire. (b)Application for membership.Each eligible employee shall, within thirty (30) days of becom- ing eligible, complete an application form cover- ing the following points, as well as such other points or items as may be prescribed by the board: (1) Acceptance of the terms and conditions of the plan; (2) Designation of a beneficiary or beneficiaries; (3) Authorization of a payroll deduction pay- able to the plan as hereinafter provided; (4) Provision of acceptable evidence of his date of birth; (5) A certified statement as to prior medical history; and (6) A written release allowing distribution of all medical records to the board. (c)Change in designation of beneficiary.A member may, from time to time, change his designated beneficiary by written notice to the board upon forms provided by the board. Upon such change, the rights of all previously designated beneficiaries to receive any benefit under the plan shall cease. (d)Buy-back of previous service.Each member of the plan who terminates his employment with the employer and who is subsequently reemployed by the employer shall be permitted to "buy-back" his previous credited service under the following conditions: (1) The length of time between the member's termination date and his subsequent reemployment date is not limited. § 2-159 NORTH PALM BEACH CODE 156Supp. No. 80 (2) The member must pay into the fund an amount equal to the sum of the amount he withdrew from the fund when he terminated employment, plus interest thereon at the rate of seven (7) percent from the date of withdrawal to the date of repayment. (3) The board shall notify the employee of the total amount payable, as described above. Payment must be made within ninety (90) days of such notification. (4) Upon timely payment of the required amount, the employee shall immediately be reinstated as member of the plan and shall be given credit for his previous credited service. (Ord. No. 9-82, § 2, 6-10-82; Ord. No. 1-92, § 2, 2-13-92; Ord. No. 2008-18, § 3, 11-13-08) Sec. 2-161. Benefit amounts. (a)Normal retirement benefit. (1)Amount.Each member who retires on or after the member's normal retirement date shall be eligible to receive a normal retirement benefit commencing on the member's actual retirement date. In all cases, the benefit provided for years of service on and after October 1, 2018 shall be at least two and three-fourths percent of average monthly earnings per year of service (provided the member was employed by the village on and after July 11, 2019). The monthly normal retire- ment benefit shall be calculated as fol- lows: For Police Officer members:An amount equal to the sum of two and one-half percent of the member's average monthly earnings multiplied by the member's credited service prior to October 1, 2018; and two and three-fourths percent for credited service on or after October 1, 2018 (provided the member remained employed by the Village as a police officer on or after July 11, 2019). A Police Officer retiree's maximum monthly pen- sion benefit shall not exceed seventy-five (75) percent of the retiree's average monthly earnings as that term is defined in Section 2-159 above. For Firefighter members:An amount equal to the sum of two and one-half percent of the member's average monthly earnings multiplied by the member's credited service prior to October 1, 2018; and two and three-fourths percent for credited service on or after October 1, 2018 (provided the member remained employed by the Village as a firefighter on or after July 11, 2019). On and after October 1, 2022, a Firefighter retiree's maximum monthly pension benefit shall not exceed eighty (80) percent of the retiree's aver- age monthly earnings as that term is defined in Section 2-159 above; for retire- ments prior to October 1, 2022, the maximum benefit is 75% of average monthly earnings. (2)Form of benefit.The normal retirement benefit shall commence on the member's actual retirement date and be payable on the first day of each month thereafter, with the last payment being the one next preceding the retiree's death. If the member should die before one hundred twenty (120) monthly payments are made, payments are then continued to the designated beneficiary until one hundred twenty (120) monthly payments in all have been made, at which time the benefits cease. (3)Optional forms of benefit.In lieu of the form of benefit just described, a member may choose an optional form of benefit as provided in section 2-162 below. (4)One hundred (100) percent vesting.Each member who attains normal retirement date or reaches ten (10) years of credited service shall be one hundred (100) percent vested in their accrued benefit. (b)Early retirement benefit.A member retir- ing hereunder on or after his early retirement date may receive either a deferred or an immedi- ate monthly retirement benefit as follows: (1) A deferred monthly retirement benefit which shall commence on the normal § 2-161ADMINISTRATION 157Supp. No. 80 retirement date and shall be continued on the first day of each month thereafter during his lifetime, guaranteed for one hundred twenty (120) monthly pay- ments. The amount of the benefit shall be determined and paid in the same manner as for retirement at the member's normal retirement date except that aver- age monthly earnings and credited service shall be determined as of his early retire- ment date; or (2) An immediate monthly retirement benefit which shall commence on the member's early retirement date and shall be con- tin- ued on the first day of each month thereafter during the member's lifetime and guaranteed for one hundred twenty (120) monthly payments. The benefit pay- able shall be as determined in subparagraph (1) above, reduced by three (3) percent per year by which the start- ing date of the benefit precedes the normal retirement date. (c)Benefit formula.The benefit formula applicable in all cases of retirement shall be that in effect on each member's employment termina- tion date. (d)Preretirement death. (1) If a participant who is no longer an employee of the village dies prior to the normal retirement date and has attained age fifty (50) and had ten (10) years of credited service, a pension benefit of fifty (50) percent of the amount the participant would have been entitled to, actuarially reduced for early retirement, shall be paid to the surviving beneficiary for as long as the beneficiary shall live. Such amount shall be based on the amount payable under the fifty (50) percent joint and survivor option, reduced actuarially to the age of the beneficiary. (2) If a member dies prior to the normal retirement date and is then employed by the village and has ten (10) years of credited service, such member regardless of age shall receive pension benefits as set forth in subsection (3). (3) The members specified in subsection (2) above shall receive a benefit equal to the member's vested accrued pension as computed under section 2-161(d) and shall be payable to the designated beneficiary in equal, consecutive monthly install- ments over ten (10) years. The benefit payments specified herein shall com- mence upon death of the plan member and approval of the pension board. (e)Disability retirement. (1) A member may retire from the service of the village under the plan if, prior to his normal retirement date, he becomes disabled as defined in subsection (2) hereof. Such retirement shall herein be referred to as disability retirement. To be eligible for a non-duty disability benefit, a member shall have ten (10) or more years of credited service. There is no years of service requirement for eligibil- ity for a duty disability benefit. (2) a.Non-duty disability.A member will be considered for a non-duty dis- ability benefit if in the opinion of the board, he is wholly prevented from rendering useful and efficient service as a police officer or firefighter, and such member is likely to remain so disabled continuously and permanently. Provided however the cause was not one of the exclu- sions listed in subsection (10). b.Duty disability.A member will be considered for a duty disability benefit, if in the opinion of the board, he is wholly prevented from rendering useful and efficient service as a police officer or firefighter, and such member is likely to remain so disabled continuously and permanently and the board finds that his injury or illness arose out of and in the course of his employment with the village. Provided however the cause was not one of the exclu- sions listed in subsection (10). § 2-161 NORTH PALM BEACH CODE 158Supp. No. 80 (3)Disability benefit.A member retiring on a disability retirement from the village shall receive a benefit as follows: a.Non-duty disability benefit.The amount of the benefit for the non- duty disability benefit is determined and paid in the same manner as for retirement at the normal retire- ment date except that average monthly earnings and credited service shall be determined as of the member's last date of employ- ment with the village. In any event the non-duty disability benefit shall be at least twenty-five (25) percent of the disabled member's average monthly earnings. b.Duty disability benefit.The amount of the benefit for the duty disability benefit is determined and paid in the same manner as for retirement at the normal retirement date except that average monthly earnings and credited service shall be determined as of the member's last date of employment with the village. In any event the duty disability benefit shall be at least forty-two (42) percent of the disabled member's average monthly earnings. (4) No member shall be permitted to retire under the provisions of this section until examined by a duly qualified physician or surgeon, to be selected by the board for that purpose, and is found to be disabled in the degree and in the manner speci- fied in this section. Any member retiring under this section shall be examined periodically by a duly qualified physician or surgeon or board of physicians or surgeons to be selected by the board for that purpose, to determine if such dis- ability has ceased to exist. (5) The normal form of benefit payable to a member who retires with a total and permanent disability as a result of a disability commencing prior to his normal retirement date is the monthly income payable for ten (10) years certain and life. The disability retiree may also choose any of the optional benefits available in section 2-162 of this plan. (6) a. The monthly retirement income to which a member is entitled in the event of his disability retirement will be payable on the first day of each month. The first payment will be made on the first day of the month following the later to occur of: 1. The date on which the dis- ability has existed for six (6) months, or 2. The date the board approves the payment of such retire- ment income. b. The last payment will be: 1. If the member recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery; or 2. If the member dies without recovering from his disability or attains his normal retire- ment date while still disabled, the payment due next preced- ing his death or the one hundred twentieth (120th) monthly payment, whichever is later. c. Any monthly retirement income pay- ments due after the death of a disabled member shall be paid to the member's designated beneficiary. (7) If the board finds that a member who is receiving a disability retirement income is, at any time prior to his normal retire- ment date, no longer disabled, as provided herein, the board shall direct that the disability retirement income be discontinued. Recovery from disability as used herein shall mean the ability of the member to render useful and efficient service as a police officer or firefighter. § 2-161ADMINISTRATION 159Supp. No. 80 (8) If the member recovers from the dis- ability and reenters the service of the village as a police officer or firefighter, his service will be deemed to have been continuous, but the period beginning with the first month for which he received a disability retirement income payment and ending with the date he reentered the service of the village will not be considered as credited service for the purpose of the plan. (9) Any condition or impairment of health of a member caused by tuberculosis, hypertension, heart disease, hardening of the arteries, hepatitis, or meningococ- cal meningitis resulting in total or partial disability or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. Any condition or impairment of health caused directly or proximately by exposure, which exposure occurred in the active performance of duty at some definite time or place without willful negligence on the part of the member, resulting in total or partial disability, shall be presumed to be accidental and suffered in the line of duty, provided that such member shall have successfully passed a physical examination upon entering such service, which physical examination including electrocardiogram failed to reveal any evidence of such condition. In order to be entitled to presumption in the case of hepatitis, meningococcal meningitis, or tuberculosis, the member must meet the requirements of F.S. § 112.181. The final decision whether a member meets the requirements for duty disability pension rests with the board and shall be based on substantial competent evidence on the record as a whole. (10) A member will not be entitled to receive any disability retirement income if the disability is a result of: a. Excessive and habitual use by the member of drugs, intoxicants, or narcotics; b. Injury or disease sustained by the member while willfully and illegally participating in fights, riots, civil insurrections or while committing a crime; c. Injury or disease sustained by the member while serving in any armed forces (this exclusion does not affect members who have become disabled as a result of intervening military service under the federal Heroes Earnings Assistance and Relief Tax Act of 2008 (H.R. 6081; P.L. 110- 245); d. Injury or disease sustained by the member after employment has terminated; e. Injury or disease sustained by the member while working for anyone other than the village and arising out of such employment. (f)Termination benefits and vesting. (1) Each member who terminates employ- ment with the employer and who is not eligible for any of the retirement, death, or disability benefits set forth herein shall receive from the fund within a reasonable time following his date of termination a refund of his accumulated contributions. Provided, however, that if at the time of his termination of employ- ment the member has ten (10) or more years of credited service, he shall have the option of either receiving his accumulated contributions or his accrued benefit payable commencing at the date which would have been his normal retire- ment date had he remained in full-time employment with the employer. The member may direct that his accrued benefit, reduced as for early retirement, commence at age fifty (50) or any date thereafter provided his accumulated contributions are not withdrawn. (2) A refund of accumulated contributions to a member or his beneficiary shall constitute a full and complete discharge § 2-161 NORTH PALM BEACH CODE 160Supp. No. 80 of any and all rights to claims or benefits under the system by the member or his beneficiaries. (g)Cost of Living Adjustment.The amount of pension benefit will be increased in accordance with the changes in the consumer index (CPI-W U.S.) published by the U.S. Bureau of Labor Statistics. Adjustments of pension payments will be made on October 1 of each year reflecting the change in the consumer price index over the twelve-month period ending April 1. The maximum increase in the pension benefit for any one (1) year is three (3) percent. Such adjust- ments shall apply to each retirement, survivor or disability benefit in pay status as of each October 1. If there is a decrease in the CPI-W U.S. over the twelve-month period ending April 1, then the amount of the pension benefit will not increase again until there is an increase in that index beyond the prior high level of the CPI-W U.S. The prior high level of the CPI-W U.S. is the high water mark for purposes of future cost of living increases. After a decrease in the CPI-W U.S., there is no future cost of living increase until the index exceeds the most recent high water mark. (h)Limitations on benefits.In no event may a member's annual benefit exceed the limitations of Internal Revenue Code Section 415 as such provisions apply to governmental pension plans. The provisions of Internal Revenue Code Section 415 that apply to governmental pension plans are hereby incorporated into this plan by refer- ence. The maximum amount of the actual annual retirement income paid in any year with respect to a Participant under this Plan attributable to employer provided benefits shall not exceed the dollar amount allowable for any calendar year pursuant to Internal Revenue Code Section 415(b), as adjusted in such calendar year for increases in the cost of living in accordance with regula- tions issued by the Secretary of the Treasury under Internal Revenue Code Section 415(d). For purposes of applying the basic limitation, benefits payable in any form other than a straight life annuity with no ancillary benefits shall be adjusted, as provided by Department of Treasury regulations, so that such benefits are the Actuarial Equivalent of a straight life annuity. (1) For purposes of this subsection, the fol- lowing benefits shall not be taken into account: a. Any ancillary benefit which is not directly related to retirement income benefits; and b. Any other benefit not required under Internal Revenue Code Section 415(b)(2) and Treasury Regulations issued thereunder to be taken into account for purposes of the limita- tion of Internal Revenue Code Sec- tion 415(b)(1). (2) Cost-of-Living Adjustments. The limita- tions as stated herein shall be adjusted annually in accordance with any cost-of- living adjustments prescribed by the Secretary of the Treasury pursuant to Internal Revenue Code Section 415(d). (3) For distributions after December 31, 2002, for purposes of Internal Revenue Code Section 415(b), the mortality table is the table used under Internal Revenue Code Section 417(e), as prescribed by the Secretary of the Treasury in Revenue Ruling 2001-62. (4) 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 Internal Revenue Code Section 401(a)(17) limitation (as amended by the Omnibus Budget Reconciliation Act of 1993), which limita- tion 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 Internal Revenue Code Section 401(a)(17)(B). For any person who first became a member prior to the first Plan year beginning on or after January 1, 1996, the limitation on compensation shall be not less than the maximum compensation amount that was allowed § 2-161ADMINISTRATION 160.1Supp. No. 80 to be taken into account under the Plan as in effect on July 1, 1993, which limita- tion shall be adjusted for changes in the cost of living since 1989 in the manner provided by Internal Revenue Code Sec- tion 401(a)(17). (i)401(a)(9) Required Distributions. (1) Effective for distributions after December 31, 1996, in accordance with Internal Revenue Code Section 401(a)(9), all benefits under this Plan will be distributed, beginning not later than the required beginning date set forth below, over a period not extending beyond the life expectancy of the member or the life expectancy of the member and a beneficiary. (2) Any and all benefit payments shall begin by the later of: a. April 1 of the calendar year follow- ing the calendar year of the member's retirement date; or b. April 1 of the calendar year follow- ing the calendar year in which the member attains age seventy and one-half (70 ). (3) If an employee dies before his entire vested interest has been distributed to him, the remaining portion of such inter- est will be distributed at least as rapidly as provided for under this Plan and will comply with the incidental death benefit under Internal Revenue Code Section 401(a)(9)(G). (4) All distributions under this Plan will be made in accordance with this section, Internal Revenue Code Section 401(a)(9) and the regulations thereunder, notwithstanding any provisions of this Plan to the contrary, effective beginning January 1, 2003. (Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, 11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No. 6-95, § 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95; Ord. No. 20-2000, §§ 1, 2, 8-10-00; Ord. No. 08-2001, § 1, 4-12-01; Ord. No. 13-2003, §§ 1—3, 5-8-03; Ord. No. 2008-18, § 4, 11-13-08; Ord. No. 2010-01, § 3, 1-14-10; Ord. No. 2011-03, § 2, 2-10-11; Ord. No. 2011-22, § 3, 12-8-11; Ord. No. 2014-11, § 3, 9-25-14; Ord. No. 2019-11, § 2, 10-24-19; Ord. No. 2022-06, § 2, 4-14-22) Sec. 2-162. Optional forms of benefits. Each member entitled to a normal, early, disability or vested retirement benefit shall have the right, at any time prior to the date on which benefit payments begin, to elect to have his or her benefit payable under any one (1) of the options hereinafter set forth in lieu of benefits provided herein, and to revoke any such elec- tions and make a new election at any time prior to the actual beginning of payments. The value of optional benefits shall be actuarially equivalent to the value of benefits otherwise payable, and the present value of payments to the retiring member must be at least equal to fifty (50) percent of the total present value of payments to the retiring member and his/her beneficiary. The member shall make such an election by written request to the board, such request being retained in the board's files. Notwithstanding any other provision of this section, a retired member may change his or her designation of joint annuitant or beneficiary up to two (2) times as provided in F.S. § 175.333 without the approval of the board of trustees or the current joint annuitant or beneficiary. The retiree is not required to provide proof of the good health of the joint annuitant or beneficiary being removed, and the joint annuitant or beneficiary being removed need not be living. Any retired member who desires to change his or her joint annuitant or beneficiary shall file with the board of trustees a notarized notice of such change. Upon receipt of a completed change of joint annuitant form or such other notice, the board of trustees shall adjust the member's monthly benefit by the application of actuarial tables and calculations developed to ensure that the benefit paid is the actuarial equivalent of the present value of the member's current benefit and there is no impact to the plan. The beneficiary or joint annuitant being removed will be assumed deceased by the actuary in determining the actuarially equivalent amount of the revised § 2-161 NORTH PALM BEACH CODE 160.2Supp. No. 80 monthly payment. No retiree's current benefits shall be increased as a result of the change of beneficiary. (1)Option 1—Joint and last survivor option. The member may elect to receive a benefit, which has been adjusted to the actuarial equivalent of the normal form of benefit, during his/her lifetime and have such adjusted benefit (or a designated fraction thereof, for example one hundred (100) percent, seventy-five (75) percent, sixty- six and two-thirds percent or fifty (50) percent) continued after his death to and during the lifetime of his beneficiary. The election of option 1 shall be null and void if the designated beneficiary dies before the member's benefit payments commence. (2)Option 2—Social security adjustment option.If a member retires before being eligible for social security benefits, he may elect this option. A member may elect to receive a larger pension up to the date he begins receiving social security benefits. The member's pension benefits may be reduced or terminated after social security payments begin. The amount of reduction shall be actuarially determined. (3)Option 3—Other.In lieu of the other optional forms enumerated in this sec- tion, benefits may be paid in any form approved by the board so long as actuarial equivalence with the benefits otherwise payable is maintained, provided, however, that the board shall not authorize any actuarially equivalent single or lump sum distributions. (Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4, 2-13-92; Ord. No. 20-2000, § 3, 8-10-00; Ord. No. 13-2003, § 4, 5-8-03; Ord. No. 2008-18, § 5, 11-13-08; Ord. No. 2010-01, § 4, 1-14-10) Sec. 2-163. Contributions. (a)Member contributions. (1)Amount.Members of the plan shall make regular contributions to the fund at rate equal to two (2) percent of their respec- tive earnings. For Police Officer members only: (i) Effective at the beginning of the first full payroll period after October 1, 2013, the Police Office member contribution shall increase to two and sixty-seven one hundredths (2.67) percent; (ii) Effective the first full payroll period after October 1, 2014, the Police Officer member contribution shall increase to three and thirty-three one hundredths (3.33) percent; and (iii) Effective the first full payroll period after October 1, 2015, the Police Officer member contribution shall increase to four (4) percent. (iv) Effective the second payroll period following the adoption of Ordinance 2019-11, the Police Officer member shall contribute six (6) percent of earnings. (v) Effective the first payroll period after October 1, 2020, the Police Officer member shall contribute seven (7) percent of earnings. (vi) During participation in the DROP, Police Officer members shall contribute four (4) percent of earn- ings, with three (3) percent credited to the member's DROP account and one (1) percent applied to the Pen- sion Plan Unfunded Actuarial Accrued Liability ("UAAL"). For Firefighter members only: (i) Effective the beginning of the first full payroll period after April 1, 2015, the Firefighter member contribution shall increase to three and one-half (3 ) percent; and § 2-163ADMINISTRATION 160.3Supp. No. 80 (ii) Effective the first full payroll period after April 1, 2016, the Firefighter member contribution shall increase to five (5) percent. (iii) Effective with the second payroll period following adoption of Ordinance No. Ordinance No. 2019- 11, the Firefighter member contribu- tion shall increase from five (5) percent of earnings to seven (7) [percent] of earnings. (iv) Effective the first full payroll period after September 30, 2022, the Firefighter member contribution shall increase from seven (7) percent to seven and one-half (7.5) percent. (v) Effective the first full payroll period after September 30, 2023, the Firefighter member contribution shall increase from seven and one- half (7.5) percent to eight (8) percent. (vi) Effective the first full payroll period after September 30, 2024, the Firefighter member contribution shall increase from eight (8) percent to eight and one-half (8.5) percent. (vii) During DROP, the Firefighter member shall contribute four (4) percent of earnings, with three (3) percent credited to the member's DROP account and one (1) percent applied to the Pension Plan. (2)Duration.The village shall pick-up, rather than deduct from each member's pay, beginning with the date of employment, two (2) percent of the member's basic compensation. The monies so picked-up shall be deposited in the fund on a monthly basis. An account record shall be maintained continuously for each member. Pick-up contributions shall continue until death, disability or termina- tion of service, whichever shall occur first. Contributions shall remain in the fund unless withdrawn as provided in the plan. No member shall have the option to choose to receive the contributed amounts directly instead of having them paid by the village directly to the plan. All such pick-up contributions by the village shall be deemed and be considered as part of the member's accumulated contributions and subject to all provi- sions of the plan pertaining to accumulated contributions of members. The intent of this provision is to comply with Section 414(h)(2) of the Internal Revenue Code. For paying Social Security taxes, and for such other purposes except as specified in this plan, the amount of employee contributions "picked-up"or paid by the village will be added to the amount distributed on a current basis in order to determine total wages, salary, pay or compensation. In the event that the employer agrees to assume and pay member contributions in lieu of direct contributions by the member, such contributions shall accordingly be paid into the plan on behalf of the members. No member subject to such agreement shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the employer directly to the plan. All such contribu- tions by the employer shall be deemed and considered as part of the member's accumulated contributions and subject to all provisions of this plan pertaining to accumulated contributions of members. The intent of this language is to comply with section 414(h)(2) of the Internal Revenue Code. (3)Interest.Interest shall be credited to member contributions as of September 30 of each year at a rate equal to the change in the consumer price index, published by the U.S. Bureau of Labor Statistics, over the twelve-month period ending on the previous June 30. The maximum rate for any year shall be seven (7) percent and the minimum rate shall be zero (0) percent. (4)Guaranteed refund.All benefits payable under this plan are in lieu of a refund of accumulated contributions. In any event, however, each member shall be § 2-163 NORTH PALM BEACH CODE 160.4Supp. No. 80 guaranteed the payment of benefits on his behalf at least equal in total amount to his accumulated contributions. (b)State contributions.Any monies received or receivable by reason of the laws of the State of Florida for the express purpose of funding and paying for the benefits of police officers or firefight- ers shall be deposited in the fund within the time prescribed by law. Such monies shall be for the sole and exclusive use of members or may be used to pay extra benefits for members. (c)Employer contributions.So long as this plan is in effect, the employer shall make contribu- tions to the fund in an amount at least equal to the difference in each year as between the aggregate member and state contributions for the year and the total cost for the year as shown by the most recent actuarial valuation report for the system. The total cost for any year shall be defined as the total of normal cost plus the additional amount sufficient to amortize the unfunded actuarial liability in accordance with applicable laws of the State of Florida. The employer's contribution shall be deposited on at least a quarterly basis. (d)Forfeitures.Any forfeitures arising shall be applied to reduce future contributions to the plan. No forfeited amount shall be applied to change benefit amounts for members. (Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, 12-11-86; Ord. No. 1-92, § 5, 2-13-92; Ord. No. 30-95, § 4, 10-12-95; Ord. No. 29-96, § 1, 7-25-96; Ord. No. 2014-11, § 4, 9-25-14; Ord. No. 2015- 05, § 3, 4-9-15; Ord. No. 2019-11, § 2, 10-24-19; Ord. No. 2022-06, § 2, 4-14-22) Sec. 2-164. Board of trustees—Generally. (a)Composition. The board of trustees shall consist of five (5) members: four (4) of whom shall be elected by a majority of the members of the plan. Two (2) of the elected members shall be certified firefighters of the village, and two (2) shall be certified police officers of the village. The fifth member of the board shall be a legal resident of the village and shall be appointed by the village council. Each of the elected board members shall be appointed for a period of four (4) years, unless he sooner leaves the employ- ment of the village or forfeits membership on the board, whereupon a successor shall be elected by a majority of the members of the plan. Each of the elected board members may succeed himself in office. The resident member shall be a trustee for a term of four (4) years unless he forfeits membership on the board and he may succeed himself in office. The resident member shall be appointed by the village council for a term commencing October 1, 1998, and expiring April 30, 1999. The resident member shall be appointed by the village council for a two-year term com- mencing May 1, 1999, and on the first day of May of each second year thereafter. The resident member shall hold office at the pleasure of the village council. The fifth member shall have the same rights as each of the other four (4) members appointed or elected as herein provided. The trustees shall by majority vote elect from its members a chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hear- ings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. (b)Report and records.The secretary of the board shall keep, or cause to be kept in convenient form, such data as shall be necessary for an actuarial valuation of the assets and liabilities of the system. The fiscal year for the keeping of records and rendering reports shall be from October 1 through September 30. (c)Board meetings.The board shall meet at least quarterly each year. All board meetings shall be held at village hall. At any meeting of the board, three (3) trustees shall constitute a quorum. Any and all acts and decisions shall be by at least three (3) members of the board; however, no trustee shall take part in any action in connection with his or her own participation in the plan, and no unfair discrimination shall be shown to any individual participating in the plan. (d)Power to bring and defend lawsuits.The board shall be a legal entity with, in addition to otherpowersandresponsibilitiescontainedherein, the power to bring and defend lawsuits of every kind, nature and description. The board shall be § 2-164ADMINISTRATION 160.5Supp. No. 80 independent of the village to the extent required to accomplish the intent, requirements, and responsibilities provided for in this article and applicable law. (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1, 9-10-87; Ord. No. 1-92, § 6, 2-13-92; Ord. No. 22-98, § 1, 9-24-98; Ord. No. 06-2002, § 3, 2-28-02; Ord. No. 2006-04, § 1, 3-23-06; Ord. No. 2006-07, § 2, 3, 5-25-06; Ord. No. 2010-01, § 5, 1-14-10) Sec. 2-165. Prior service. Unless otherwise prohibited by law, the years or fractional parts of years that a member previously served as a firefighter, police officer or public safety officer with the village during a period of employment and for which accumulated contributions were withdrawn from the fund, or the years and fractional parts of years that a member served as a firefighter, police officer or public safety officer for this or any other municipal, county, state or federal fire, police or public safety department, or any time served in the military service of the armed forces of the United States, shall be added to the years of credited service provided that: (1) The member contributes to the fund the sum that would have been contributed, based on the member's salary and the employee contribution rate in effect at the time that the credited service is re- § 2-164 NORTH PALM BEACH CODE 160.6Supp. No. 80 shall have the meanings ascribed to them in this section, except where the context requires otherwise: Boat means any vessel, with or without motor propulsion, commonly used for private recreation activities, designed for travel over water, and for which a trailer is required for transportation over land. The definition of boat shall specifi- cally include a personal watercraft as defined by state statute and shall specifically exclude those vessels not required to be titled with the state pursuant to state statute. Recreational vehicle means any vehicle or portable structure designed primarily to provide temporary living quarters for recreation, camp- ing or travel use, other than a light van; either a vehicular structure mounted on wheels, self- powered or designed to be pulled by another vehicle or a structure designed to be mounted upon and carried by another vehicle. Trailer means a vehicular structure mounted on wheels designed to be pulled by another vehicle. (Ord. No. 2016-07, § 2, 9-8-16) Sec. 18-34. Parking restricted. (a) Between the hours of 2:00 a.m. and 6:00 a.m. on streets where no curbing is provided, the parking of a vehicle shall not usurp more than twelve (12) inches of the paved portion of the street. (b) No person shall leave any truck, trailer, boat or any vehicle of a similar type parked upon any public street or highway within the village between the hours of 12:30 a.m. and 6:00 a.m. (c) No truck with a payload or carrying capac- ity (truck model rating) in excess of one-ton shall be parked upon a public street or highway inclusive of swale area within the village;provided, however, commercial vehicles making deliveries or pickups or otherwise servicing residential, commercial or industrial property within the village shall have the right, if necessary, to temporarily park in such areas during normal business hours. (d) No truck with a payload or carrying capac- ity (truck model rating) in excess of one-ton shall be parked at any time upon private property within the village unless such truck is being utilized as part of an existing business on the private property; provided, however, commercial vehicles making deliveries or pickups or otherwise servicing residential, commercial or industrial property within the village shall have the right, if necessary to temporarily park upon private property during normal business hours. (e) The following vehicles shall not be parked overnight (from 11:00 p.m. to 7:00 a.m.) in any residential zoning district, unless parked within a fully enclosed garage: (1) Tractor trailers, and semi-trailer trucks; (2) Tow trucks, wreckers or flat bed vehicle carriers; (3) Commercial buses, school buses, or vans accommodating more than sixteen (16) passengers; (4) Dump trucks; (5) Construction equipment and vehicles, including farm tractors, backhoes, front- end loaders, cranes, cement mixers, pitch buckets or similar items; (6) Step vans, panel trucks or other vehicles with rectangular bulk and a payload or carrying capacity in excess of one-ton; (7) Any vehicle used and designed for the commercial sale of food or beverages; (8) More than one (1) taxi, car service vehicle, or limousine; (9) Stretch limousines (i.e., any automobile, sport utility vehicle or van for hire, and of original manufacture or remanufacture, that exceeds a seating capacity of eight (8) persons); (10) Boom or bucket trucks; (11) Swamp buggies and half-tracks; (12) Tandem wheel pick up trucks (dooley type); and § 18-34MOTOR VEHICLES AND TRAFFIC 1175Supp. No. 80 (13) Vehicles that exceed eight (8) feet in height, inclusive of attached equipment and accessories. (f) In addition to the foregoing, vehicles with commercial advertising or markings that occupy more than ten (10) square feet of any given side of the vehicle shall not be parked overnight (from 11:00 p.m. to 7:00 a.m.) in any residential zoning district unless: (1) The vehicle is covered with a fitted vehicle cover specifically manufactured for that purpose; (2) The vehicle is parked within a fully enclosed garage or otherwise screened from view from adjacent properties and rights-of-way; or (3) The vehicle's commercial advertising or markings are completely covered by magnetic signs affixed to the vehicle that have no markings whatsoever and are the same color as the base paint of the vehicle. (Code 1970, §§ 24-70, 39-24; Ord. No. 4-81, § 2, 3-26-81; Ord. No. 07-2005, § 1, 5-26-05; Ord. No. 15-2005, §§ 1, 2, 7-14-05; Ord. No. 2007-19, §§ 2, 7, 12-13-07) Editor’s note—Ord. No. 2007-19, § 7, adopted Dec. 13, 2007, stated the following:"This Ordinance shall take effect on June 16, 2008". Sec. 18-34.1. Vehicle, trailer or boat park- ing prohibited upon paved or unpaved area of the road right-of-way of specific roadways. (a) The parking of any vehicle, trailer or boat is hereby prohibited upon the paved or unpaved area of the road right-of-way of those portions of the following described roadways located within the corporate limits of the Village of North Palm Beach, Florida: State Road A-1-A; Prosperity Farms Road; U.S. Highway # 1 (SR #5); Northlake Boulevard; 800 Block of Lighthouse Drive; North side of Lighthouse Drive between Lighthouse Bridge and one hundred (100) feet east of the east right-of-way line of Lagoon Drive; North Anchorage Drive from Eastwind Drive to U.S. #1 (SR #5); South Anchorage Drive and Eastwind Drive adjacent to the North Palm Beach Elementary School property only during the period starting one (1) hour prior to and ending one (1) hour after published school hours inclusive; Southerly most four hundred (400) feet of the westerly road right-of-way of Castlewood Drive adjacent to the First Church of Christ Scientist. (b) From sunrise to sunset, the parking of any vehicle is hereby prohibited upon the paved or unpaved area of the road right-of-way of the following described roadways (or portions thereof) located within the corporate limits of the Village of North Palm Beach, Florida unless said vehicle is operated by a resident of the adjacent property or a guest of a resident of the adjacent property and displays a valid guest pass issued by the village: Lakeside Drive from the southerly right-of- way line of Cruiser Road South south to Atlantic Road; Atlantic Road (east-west portion only); Lakeside Court; Lakeside Circle; and Lighthouse Drive from U.S. Highway One to Lakeside Drive. Notwithstanding the foregoing, residents may continue to park boats and boat trailers and recreational vehicles and trailers in the swales of 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; Ord. No. 2022-07, § 2, 4-14-22) 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. § 18-34 NORTH PALM BEACH CODE 1176Supp. No. 80 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 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 § 18-35MOTOR VEHICLES AND TRAFFIC 1177Supp. No. 80 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. 80 Chapter 19 OFFENSES AND MISCELLANEOUS PROVISIONS* Article I. In General Sec. 19-1. Definitions. Sec. 19-2. State misdemeanors adopted. Sec. 19-3. Bathing regulations. Sec. 19-4. Proximity of coin-operated amusements to schools restricted. Sec. 19-5. Spitting in public places. Sec. 19-6. Hitchhiking. Sec. 19-7. Handbills; distribution. Sec. 19-8. Impersonating police officer, fireman or other village official. Sec. 19-9. Smoke, dust, odors, liquids, etc. Sec. 19-10. Barbecue grills and similar cooking devices. Sec. 19-11. Unauthorized lodging and camping. Sec. 19-12. Panhandling. Sec. 19-13. Balloons and sky lanterns. Secs. 19-14—19-30. Reserved. Article II. Sexual Offenders and Sexual Predators Sec. 19-31. Sexual offender and sexual predator residence prohibition. Secs. 19-32—19-46. Reserved. Article III. Offenses Against Property Sec. 19-47. Obstructing passageways. Secs. 19-48—19-63. Reserved. Article IV. Offenses Against Public Morals Sec. 19-64. Topless costumes. Sec. 19-65. Vulgar language. Sec. 19-66. Window peeping. Secs. 19-67—19-81. Reserved. Article V. Offenses Against Public Peace Sec. 19-82. Stench bombs. Sec. 19-83. Throwing missiles. Secs. 19-84—19-98. Reserved. Article VI. Noise Control Sec. 19-99. Definitions. Sec. 19-100. Prohibition against unreasonable noise. Sec. 19-101. Exemptions. Sec. 19-102. Prohibition against speakers in rights-of-way and air space. Sec. 19-103. Operation of radios or other mechanical sound-making devices or instruments in vessels. Sec. 19-104. Enforcement. Sec. 19-105. Permissible time for construction activity. Sec. 19-106. Dissemination of information. Secs. 19-107—19-144. Reserved. *Cross references—General penalty for Code violations, § 1-8; police, Ch. 23. 1225Supp. No. 80 Article VII. Reserved Secs. 19-145—19-182. Reserved. Article VIII. Weapons Sec. 19-183. Possession. Sec. 19-184. Carrying concealed weapons. Sec. 19-185. Sales restricted. Sec. 19-186. Forfeiture; disposition. Secs. 19-187—19-199. Reserved. Article IX. Mandatory Year-Round Landscape Irrigation Conservation Measures Sec. 19-200. Purpose and applicability. Sec. 19-201. Definitions. Sec. 19-202. Conservation regulations. Sec. 19-203. Violations and enforcement. Sec. 19-204. Variances. Secs. 19-205, 19-206. Reserved. Article X. Alarms Sec. 19-207. Definitions. Sec. 19-208. Alarm system permit required. Sec. 19-209. Application for alarm system permit. Sec. 19-210. Term of permit; fee; nontransferable. Sec. 19-211. Issuance of alarm system permit. Sec. 19-212. Excessive false alarms declared a public nuisance. Sec. 19-213. False alarm service charge; collection. Sec. 19-214. Penalty. Sec. 19-215. Interference with police and fire rescue department telephone trunk lines prohibited; alarm business central office required; identification required. Sec. 19-216. Audible alarms. Sec. 19-217. Enforcement through code enforcement special magistrate. Sec. 19-218. Exemptions. Sec. 19-219. Alarm user standards. Article XI. Wellfield Protection Sec. 19-220. County wellfield protection ordinance adopted by reference. Sec. 19-221. Regulation of business activities with potential to contaminate land and water resources. NORTH PALM BEACH CODE 1226Supp. No. 80 Secs. 19-187—19-199. Reserved. ARTICLE IX. MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION CONSERVATION MEASURES* Sec. 19-200. Purpose and applicability. (a) The purpose of this article is to implement procedures to protect water resources of the Village and to promote water conservation through the adoption of the South Florida Water Manage- ment District's mandatory year-round landscape irrigation conservation measures. (b) The provisions of this article apply to all users within the Village, unless otherwise indicated in this article, and all water sources, except that the use of reclaimed water or saltwater, which may or may not be supplemented from another source, is allowed at any time. This article shall not apply to the irrigation of athletic play areas as defined herein or to irrigation at agricultural or nursery operations. (Ord. No. 2022-05, § 2, 4-14-22) Sec. 19-201. 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: Address means the house number (a numeric or alphanumeric designation) that, together with the street name, describes the physical location of a specific property. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery loca- tion, the lot number shall be the property's address. If a lot number in a mobile home park or similar residential community is not used by the U.S. Postal Service (e.g., the park manager sorts incoming mail delivered to the com- munity's address), then the community's main address shall be the property's address. Athletic play area means all golf course fairways, tees, roughs, greens, and other athletic play surfaces, including football, baseball, soccer, polo, tennis, and lawn bowling fields. District means the South Florida Water Management District, a government entity cre- ated pursuant to Chapter 373, Florida Statutes. Even-numbered address means an address ending in the numbers 0, 2, 4, 6, 8 or rights-of- way or other locations with no address. Landscaping means shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora, not intended for resale, which are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rights-of-way, excluding athletic play areas as defined above. Landscape irrigation means the outside water- ing of shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora, not intended for resale, which are planted and are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rights-of-way, excluding athletic play areas as defined above. Low volume hand watering means the water- ing of landscape by one person, with one hose fitted with a self-canceling or automatic shutoff nozzle. Low volume irrigation means the use of equip- ment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated and to allow that water to be placed with a high degree of efficiency in the root zone of the plant. The term also includes water used in mist houses and similar establish- ments for plant propagation. *Editor’s note—Ord. No. 2022-05, § 2, adopted April 14, 2022, repealed the former art. IX, §§ 19-200—19-206, and enacted a new art. IX as set out herein. The former art. IX pertained to water shortage emergencies and derived from Ord. No. 6-81, §§ 1—6, 9, adopted May 14, 1981; Ord. No. 6-85, § 1, adopted May 9, 1985; Ord. No. 38-96, § 1, adopted Oct. 10 1996; Ord. No. 20-98, § 1, adopted Aug. 27, 1998. § 19-201OFFENSES AND MISCELLANEOUS PROVISIONS 1237Supp. No. 80 Micro-irrigation means the application of small quantities of water on or below the soil surface as drops or tiny streams of spray through emit- ter or applicators placed along a water delivery line. Micro-irrigation includes a number of methods or concepts such as bubbler, drip, trickle, mist or microspray, and subsurface irrigation. New landscaping means any landscaping which has been planted and in the ground for ninety (90) days or less. Odd-numbered address means an address ending in the numbers 1, 3, 5, 7, 9. Reclaimed water means wastewater that has received at least secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility as defined by Rule 62-40.210, Florida Administrative Code, as may be amended from time to time. User means any person, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee or other legal entity whether natural or artificial, the United States of America, and the State and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including uses from private or public utility systems, uses under water use permits or uses from individual wells or pumps. Wasteful and unnecessary means allowing water to be dispersed without any practical purpose to the water use or in violation of this article including, by way of example, excessive landscape irrigation; leaving an unattended hose on a driveway with water flowing; allowing landscape irrigation water to unnecessarily fall onto pave- ment, sidewalks and other impervious surfaces; allowing water flow through a broken or malfunctioning water delivery or landscape irriga- tion system or irrigating outside of permissible days and times. (Ord. No. 2022-05, § 2, 4-14-22) Sec. 19-202. Conservation regulations. (a)Wasteful and unnecessary uses.All waste- ful and unnecessary water use is prohibited. (b)Hours for landscape irrigation. Landscape irrigation shall be prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as otherwise provided in this article. (c)New landscaping. (1) On the day the new landscaping is installed, the new landscaping may be irrigated once without regard to the normally allowable watering days and times. Irrigation of the soil immediately prior to the installation of the new landscaping is also allowable without regard to the normal allowable watering days and times. (2) The ninety (90) day period begins the day the new landscaping is installed. (3) Irrigation of new landscaping which has been in place for thirty (30) days or less may be accomplished on Monday, Tuesday, Wednesday, Thursday, Saturday and Sunday. (4) Irrigation of new landscaping which has been in place for thirty-one (31) to ninety (90) days may be accomplished on Monday, Wednesday, Thursday and Saturday. (5) Irrigation of the new landscaping is limited to areas containing the new landscaping only. An entire zone of an irrigation system shall only be utilized for landscape irrigation under this paragraph if the zone in question is for an area that contains at least fifty percent (50%) new landscaping. If a zone contains less than fifty percent (50%) new landscap- ing, or if the new landscaping is in an area that will not typically be irrigated by an irrigation system, only the individual new plantings are eligible for additionalirrigationunderthisparagraph. Targeted watering may be accomplished by low volume hand watering, or any appropriate method which isolates and waters only the new landscaping. (d)Landscape irrigation systems. (1) Landscape irrigation systems may be operated during restricted days and/or § 19-201 NORTH PALM BEACH CODE 1238Supp. No. 80 times for cleaning, maintenance, and repair purposes with an attendant on site in the area being tested. (2) Landscape irrigation systems may routinely be operated for such purposes no more than once per week, and the run time for any one test should not exceed ten (10) minutes per zone. (3) Any user who purchases and installs an automatic landscape irrigation system shall properly install, maintain, and oper- ate technology that inhibits or interrupts operation of the system during periods of sufficient moisture in accordance with Section 373.62, Florida Statutes, as may be amended from time to time. (e)Low-volume irrigation, micro-irrigation, and low-volume hand watering methods.Any plant material may be watered using low volume irrigation, micro-irrigation, low-volume hand watering methods, and rain barrels, cisterns, or other similar rain-harvesting devices without regard to the watering days or times allowed in this section. (f)Permissible days for landscape irrigation. (1) Even-numbered addresses or users that irrigate both even-numbered and odd- numbered addresses within the same zones may perform landscape irrigation on Tuesday, Thursday and Sunday. (2) Odd-numbered addresses may perform landscape irrigation on Monday, Wednesday and Saturday. (3) No irrigation may be performed on Fridays. (g)Water shortages.In the event the District imposes restrictions on landscape irrigation which are more restrictive than those set forth in this article, such as a declaration of water shortage or water shortage emergency, the more restrictive regulations shall apply for the applicable dura- tion of the more restrictive regulations. (Ord. No. 2022-05, § 2, 4-14-22) Sec. 19-203. Violations and enforcement. (a) Non-compliance with any provision of this article shall constitute a violation of the Village Code of Ordinances and each day the violation exists shall constitute a separate and distinct violation. (b) Any violations of this article may be enforced pursuant to the Village Code of Ordinances, through the code enforcement process set forth in Chapter 2, Article VI of the Village Code of Ordinances, or through any other manner authorized by law. (Ord. No. 2022-05, § 2, 4-14-22) Sec. 19-204. Variances. (a) A user may request a variance from the specific days for landscape irrigation identified in this article by identifying and demonstrating with particularity that compliance with the scheduled days for landscape irrigation will result in a substantial hardship on the user requesting the variance. A variance shall operate prospectively and shall not stay or abate the enforcement of the provisions of this article and shall not affect any prior or pending code enforce- ment action against the user requesting the variance. (b) The variance request shall be considered by the Village Manager or his/her designee, and the decision of the Village Manager shall be provided to the user in writing. The Village Manager's decision may be appealed to the Vil- lage Council through the filing of a written request with the Village Clerk within thirty (30) days of the Village Manager's written determina- tion. The decision of the Village Council shall be final. (c) If a variance is granted, the user shall post a notice at each parcel to which the variance pertains in a format prescribed by the Village. (d) The Village recognizes and adopts all irriga- tion variances or waivers issued by the District. (Ord. No. 2022-05, § 2, 4-14-22) Secs. 19-205, 19-206. Reserved. § 19-206OFFENSES AND MISCELLANEOUS PROVISIONS 1238.1Supp. No. 80 ARTICLE X. ALARMS* Sec. 19-207. Definitions. For the purpose of this article, whenever any of the following words or terms are used herein, they shall have the meaning ascribed to them in this section. Alarm system means any device which is used in a building or premises for the detection of unauthorized entry, burglary, or any other criminal activity or fires, and which when activated emits a sound signal, or message to alert others, whether emitted on or off the premises or to the central office of an alarm business. Alarm business means any person engaged in the business of selling, leasing, monitoring, maintaining, servicing, repairing, altering, replac- ing, moving or installing any alarm for any building place or premises. Alarm user means any person using an alarm or occupying and controlling a premises or build- ing, or a portion of a premises or building, served by an alarm and shall include any part owner, joint owner, tenant in common, tenant in partner- ship, joint tenant or tenant by the entirety of the whole of part of a building having an alarm system. Calendar year means the time span from January 1 through December 31. False alarms means all activated alarms, responded by the police department or fire rescue department, which do not qualify as permitted alarms, including, but not limited to, alarms activated through inadvertence, neglect, accident, faulty installations or maintenance. Permitted alarm means all those alarms activated by illegal entry or in response to criminal activity or fire and includes alarms activated solely by an act of nature not contributed to by faulty maintenance, installation or use. Person means an individual, partnership, association or corporation. *Cross references—False fire alarms, § 12-3; licenses and miscellaneous business regulations, Ch. 17; false alarm of need for police or ambulance assistance, § 19-7. § 19-207 NORTH PALM BEACH CODE 1238.2Supp. No. 80 lage, which is sufficient to ensure the completion of all required improvements. (4) Dedication of necessary rights-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permit. (5) Any requested change to a development subsequent to the issuance of a develop- ment order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require additional mitigation. (6) Applicants may submit a letter to withdraw from the proportionate fair- share agreement at any time prior to the execution of the agreement. The applica- tion fee and any associated advertising costs paid to the village will be non- refundable. (i)Appropriation of fair-share revenues (1) Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improve- ments in the capital improvements ele- ment, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the local match for any matching requirement for state and federal grant programs as may be allowed by law. (2) In the event a scheduled facility improve- ment is removed from the capital improve- ments element, then the revenues collected for its construction may be applied toward the construction of another improvement within the village that would mitigate the impacts of development pursuant to the requirements of subsec- tion (c). (Ord. No. 2007-01, § 2, 1-11-07) Secs. 21-49—21-60. Reserved. ARTICLE V. STORMWATER MANAGEMENT* Sec. 21-61. Adoption; design; applicability. (a) Stormwater management, general, is hereby created as set out in this article. (b) 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 in this article. (c) The requirements of this article shall be in effect throughout all areas of the village and shall pertain to all new and existing areas that are redeveloped. (Ord. No. 34-90, §§ 1.1, 1.2, 9-27-90) Sec. 21-62. Minimum street grades. Minimum street grade shall exceed calculated flood levels resulting from a ten-year frequency storm tide, plus rainfall runoff. (Ord. No. 34-90, § 1.1(a), 9-27-90) Sec. 21-63. Level of finished floor of structures. The finished floor of all structures shall exceed the one-hundred-year tidal flooding and rainfall runoff level, but in no case shall be less than eight and five-tenths (8.5) feet above mean sea level. (Ord. No. 34-90, § 1.1(b), 9-27-90) Sec. 21-64. Storm drainage facilities generally. Storm drainage facilities, including swales, inlets and conduits shall be designed on runoff predicted from a three-year intensity rainfall curve in general use for this area. (Ord. No. 34-90, § 1.1(c), 9-27-90) *Editor’s note—Ordinance No. 34-90, adopted Sept. 27, 1990, did not specifically amend this Code; hence, inclusion of § 1 as Art. V, §§ 21-61—21-70, was at the discretion of the editor. § 21-64PLANNING AND DEVELOPMENT 1363Supp. No. 80 Sec. 21-65. Roadside swales. 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. Place- ment of permitted trees in a swale will be such that, as tree growth occurs, the design and function of the swale are not compromised. (Ord. No. 34-90, § 1.1(d), 9-27-90) Cross reference—Trees in swale areas, § 27-16 et seq. Sec. 21-66. Open channels and outfall ditches. Open channels and outfall ditches for the purpose of conveying storm runoff within any subdivision development will not be allowed. However, open channels connecting 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 centerline depth of eight and zero tenths (8.0) feet. (Ord. No. 34-90, § 1.1(e), 9-27-90) Cross reference—Bulkheads and seawalls, § 5-69 et seq. Sec. 21-67. Postdevelopment runoff rates, volumes and pollutant loads. The developer/owner of any site shall be responsible for the on-site management of storm- water runoff in a manner such that postdevelop- ment 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. (Ord. No. 34-90, § 1.1(g), 9-27-90) Sec. 21-68. Objectives of stormwater management system design. The design of the stormwater management system shall provide for protection of natural drainage features and promote the functions of groundwater recharge areas. (Ord. No. 34-90, § 1.1(h), 9-27-90) Sec. 21-69. Stormwater retention systems. Where stormwater retention systems are required, any modification to, or construction of canals shall incorporate water and habitat qual- ity enhancement features such as planted lit- toral zones or shallow shelves, bank slopes conducive to shoreline vegetation and immediate vegetative stabilization of any bare ground adjacent to the system, as appropriate. (Ord. No. 34-90, § 1.1(i), 9-27-90) Sec. 21-70. Water quality. (a)Definitions. (1)Authorized official:Any employee of the village authorized in writing by the direc- tor to administer or enforce the provi- sions of this article. (2)Director:The director of community development. (3)Discharge:Any direct or indirect entry of any solid, liquid or gaseous matter. (4)Person:Any natural individual, corpora- tion, partnership, institution, or other entity. (5)Site of industrial activity:Any area or facility used for manufacturing, process- ing or raw materials storage, as defined under 40 CFR Section 122.26(a)(14) of regulations of the U.S. Environmental Protection Agency, as amended. (6)Stormwater:Any stormwater runoff, and surface runoff and drainage. (7)Stormwater system:The system of convey- ances used for collecting, storing, and transporting stormwater owned by the village but not including any facilities intended to be used in accordance with applicable law for collecting and transport- ing sanitary or other wastewater. (8)Substantial improvement:Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds fifty (50) percent of the market value of the building or structure before the improvement or repair is started. § 21-65 NORTH PALM BEACH CODE 1364Supp. No. 80 (b)Water quality.In order to minimize the degradation of water quality in receiving bodies, all development 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 pollutants 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. (c)Construction site runoff.To protect and preserve water quality, Best Management Practices (BMPs) for construction site runoff shall be employed. During construction projects involvingasubstantialimprovement,orforparcels one acre or larger, or when deemed necessary by the Community Development Director, projects shall provide a stormwater pollution prevention plan or an equivalent document. The stormwa- ter pollution prevention plan shall include the installation of erosion and sediment controls, including a silt fence and crushed rock to stabilize areas used for mobilization. The construction site operator is required to take corrective action as needed and conduct inspections of the storm- water pollution controls every seven (7) days or when one-half inch (0.5") or greater of rainfall occurs within a twenty-four (24) hour period. All controls shall be consistent with the performance standards for erosion and sediment control contained in the Erosion and Sediment Control Designer and Reviewer Manual prepared by the Florida Department of Transportation and the Florida Department of Environmental Protec- tion, as well as the Village's Erosion and Sedi- ment Control Policy. (d)Industrial activity. (1)General provisions.Any discharge into the stormwater system in violation of any federal, state, county, municipal or other law, rule, regulation or permit is prohibited. (2)Specific prohibitions.By adoption of industrial activity stormwater regula- tions or by issuance of industrial activity stormwater permits, or both, the director may impose reasonable limitations as to the quality of stormwater (including without limitation the designation of maximum levels of pollutants) discharged into the stormwater system from sites of industrial activity. Any promulgation of such regulations and issuance of permits by the director shall be in accordance with applicable law. (3)Administrative orders.The director may issue an order to any person to immediately cease any discharge determined by the director to be in viola- tion of any provision of this section, or in violation of any regulation or permit issued hereunder. (4)NPDES permits.Any person who holds a National Pollutant Discharge Elimina- tion System (NPDES) permit shall provide a copy of such permit to the director no later than the later of: sixty (60) calendar days after the effective date of Ordinance No. 8-93 or sixty (60) calendar days after issuance. (e)Illicit discharges. (1)General prohibitions.Except as set forth in section 21-70(e)(3) or as in accordance with a valid NPDES permit, any discharge to the stormwater system that is not composed entirely of stormwater is prohibited. (2)Specific prohibitions.Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials in violation of federal, state, county, municipal, or other laws, rules, regula- tions, orders or permits, is prohibited. (3)Authorized exceptions.Unless the direc- tor determines that it is not properly managed or otherwise is not acceptable, the following discharges are exempt from the general prohibition set forth under section 21-70(e)(1): flows from fire fight- ing, water line flushing and other contribu- § 21-70PLANNING AND DEVELOPMENT 1365Supp. No. 80 tions from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, direct infiltration to the stormwater system, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from ripar- ian habitats and wetlands, and de- chlorinated swimming pool contributions. (4)Illicit connections.No person may maintain, use or establish any direct or indirect connection to the stormwater system that results in any discharge in violation of this section. This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit, or other authoriza- tion, or whether permissible under laws or practices applicable or prevailing at the time the connection was made. (5)Administrative order.The director may issue an order to any person to immediately cease any discharge, or any connection to the stormwater system, determined by the director to be in viola- tion of any provision of this section, or in violation of any regulation or permit issued hereunder. (f)Spills and dumping. (1)General prohibitions.Except as set forth under section 21-70(e)(3) or as in accordance with a valid NPDES permit, any discharge to the stormwater system that is not composed entirely of stormwa- ter is prohibited. (2)Specific prohibitions.Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials in violation of federal, state, county, municipal, or other laws, rules, regula- tions, orders or permits, is prohibited. (3)Notification of spills.As soon as any person has knowledge of any discharge to the stormwater system in violation of thissection, such person shall immediately notify the director by telephone or other direct means and if such person is directly or indirectly responsible for such discharge, then such person shall also take immediate action to ensure the containment and clean up of such discharge and shall confirm such telephone notification in writing to the director within three (3) calendar days. (4)Administrative order.The director may issue an order to any person to immediately cease any discharge, or con- nection to the stormwater system, determined by the director to be in viola- tion of any provision of this section, or in violation of any regulation or permit issued hereunder. (g)Enforcement. (1)Injunctive relief.Any violation of any provision of this section, or of any regula- tion or order issued hereunder, shall be subject to injunctive relief if necessary to protect the public health, safety or general welfare. (2)Continuing violation.A person shall be deemed guilty of a separate violation for each and every day during any continu- ing violation of any provision of this section, or of any regulation or permit issued hereunder. (3)Enforcement actions.The director may take all actions necessary, including the issuance of notices of violation and the filing of court actions, and/or request enforcement by the village code enforce- ment board to require and enforce compli- ance with the provisions of this section and with any regulation or permit issued hereunder. (h)Inspections and monitoring. (1)Authority for inspections.Whenever neces- sary to make an inspection to enforce any of the provisions of this section, or regula- tion or permit issued hereunder, or whenever an authorized official has § 21-70 NORTH PALM BEACH CODE 1366Supp. No. 80 reasonable cause to believe there exists any condition constituting a violation of any of the provisions of this section, or regulation or permit issued hereunder, any authorized official may enter any property, building or facility at any reason- able time to inspect the same or to perform any duty related to enforcement of the provisions of this section or any regulations or permits issued hereunder; provided that (a) if such property, build- ing or facility is occupied, such authorized official shall first present proper credentials and request permission to enter, and (b) if such property, building or facility is unoccupied, such authorized official shall make a reasonable effort to locate the owner or other person having charge or control of the property, build- ing or facility, and shall request permis- sion to enter. Any request for permission to enter made hereunder shall state that the owner or person in control has the right to refuse entry, and that in such event is refused, the authorized official may enter to make inspection only upon issuance of a search warrant by a duly authorized magistrate. If the owner or person in control refuses permission to enter after such request has been made, the authorized official is hereby authorized to seek assistance from any court of competent jurisdiction in obtaining entry. Routine or area-wide inspections shall be based upon such reasonable selection processes as may be necessary to carry out the purposes of this section, includ- ing but not limited to random sampling and sampling in areas with evidence of stormwater contamination, non-stormwa- ter discharges, or similar factors. (2)Authority for monitoring and sampling. Any authorized official may establish on any property such devices as are neces- sary to conduct sampling or metering of discharges of the stormwater system. During any inspections made to enforce the provisions of this section, or regula- tions or permits issued hereunder, any authorized official may take any samples deemed necessary. (3)Requirements for monitoring.The direc- tor may require any person engaging in any activity or owning any property, build- ing or facility (including but not limited to a site of industrial activity) to undertake such reasonable monitoring of any discharge(s) to the stormwater system and to furnish periodic reports. (Ord. No. 34-90, § 1.1(f), (j), 9-27-90; Ord. No. 8-93, § 1, 2-11-93; Ord. No. 2006-24, § 2.H.2, 11-9-06; Ord. No. 2011-19, § 2, 10-13-11; Ord. No. 2022-09, § 2, 4-28-22) Secs. 21-71—21-100. Reserved. ARTICLE VI. ARCHAEOLOGICAL SITE PROTECTION REGULATIONS* Sec. 21-101. Purpose and intent. (a) It is hereby declared that the protection, enhancement and examination of significant archaeological resources is in the interest of the health, safety and welfare of the people of the Village of North Palm Beach. It is acknowledged that within the Village of North Palm Beach there exists sites which are of significant archaeological value as prehistoric, historic and cultural resources. (b) The purposes of this article are to: (1) Establish a procedure for review of development proposals on lands which are identified as containing archaeologi- cal resources; (2) Establish a method to review the potential archaeological value of previously unidentified sites after the discovery of prehistoric and historical artifacts, *Editor’s note—Provisions enacted by §§ I—VIII of Ord. No. 6-92, adopted May 28, 1992, have been included herein at the discretion of the editor as Art. VI, §§ 21-101—21-108. Cross references—Code enforcement board, § 2-171; buildings and building regulations, Ch. 6. § 21-101PLANNING AND DEVELOPMENT 1366.1Supp. No. 80 skeletal or fossilized human remains, or non-human vertebrate fossils during development; (3) Establish a mechanism to protect, when appropriate, resources of significant archaeological value identified pursuant to this article that are deemed important by a qualified archaeologist to the prehis- tory or history of the county, state or nation; and (4) Facilitate protection of resources of significant archaeological value without substantially delaying development. (Ord. No. 6-92, § I, 5-28-92) Sec. 21-102. Applicability. This article is applicable within the incorporated limits of the Village of North Palm Beach and shall apply to: A parcel on which a previously unidentified artifact or any human skeletal or fossilized human remain or non- human vertebrate fossils of significant archaeological value is found during site develop- ment. (Ord. No. 6-92, § II, 5-28-92) Sec. 21-103. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. Applicant:Person or entity applying for a certificate to dig. Application:Application for a certificate to dig. Archaeological evaluation report:Letter prepared by the village's consulting archaeolo- gist after issuance of a suspension order by the department. The letter evaluates the potential significance of an archaeological site. Archaeological site:A property or location which has yielded or might yield information on the county, state or nation's history or prehis- tory. Archaeological sites are evidenced by the presence of artifacts and features on or below the ground surface indicating the past use of a location at least seventy-five (75) years ago by people. Archaeological sites include aboriginal mounds, forts, earthworks, village locations, camp sites, middens, burial mounds, missions, historic or prehistoric ruins which are, or may be the source of artifacts or other items of significant archaeological value. Archaeologist consultant:Consultant to the community development department who shall be a qualified archaeologist. Archaeologist, qualified:An archaeologist who is a member of, or is qualified for membership in the Florida Archaeological Council or the Society of Professional Archaeologists. Artifacts:Relics, specimens or objects of histori- cal, prehistorical, archaeological or anthropologi- cal nature, over seventy-five (75) years old, which may be found on, above, or below the surface of the earth, including land and water, which have a scientific or historic value as objects of antiquity, as aboriginal relics or as anthropological specimens, including but not limited to clothing, tools and weapons made of ceramics, worked stone, shell, bond, teeth, hide, feathers and horn, metal coins, glass, beads, building material, daub, and plant fibers. Objects over seventy-five (75) years old but not of significant archaeological value shall not be considered an artifact for purposes of this article. Further, objects under seventy-five (75) years old and deemed by a qualified archaeologist to be of significant archaeological value shall be subject to the provisions of this article. Certificate to dig:A certificate that is neces- sary prior to removal of a suspension order on a site where artifacts or fossilized human remains or non-human vertebrate fossils are found during the development process. Department:Community development depart- ment. Developer:Any person, including a governmental agency, undertaking any develop- ment as defined in this article. Development:As defined in Section 380.04, Florida Statutes, as well as site preparation § 21-101 NORTH PALM BEACH CODE 1366.2Supp. No. 80 work consisting of excavation, earth moving, and the like. This definition shall not include: (1) the dividing of land into two (2) or more parcels; (2) demolition of a structure except as necessary for construction and occurring after receipt of the valid development order. Development order:Any order granting or granting with conditions an application for a development permit. Development permit:Means any rezoning, special exception, special permit, site plan, subdivision plat, excavation or land clearing permit, building permit, or any other official action of the Village of North Palm Beach having the effect of permitting the development of land. Fossil:A remnant or trace of an organism of a past geological age. Significant archaeological value:An archaeological site, fossil or artifact which could yield or has yielded information deemed by a qualified, archaeologist to be of significant scientific, historical, ethnic or public significance to the history or prehistory of the county, state or nation. Suspension order:Order suspending construc- tion work directly over the potential archaeologi- cal find. During the initial site visit, a qualified archaeologist may extend the boundary of the suspension order based on the potential significance and geographic coverage of the find. § 21-103PLANNING AND DEVELOPMENT 1366.2.1Supp. No. 80 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.. . . . . . . . . . . . . . .. . . . . . . . . . . . 2488.1 Sec. 45-4. Conflict of provisions.. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 2488.1 Sec. 45-5. Changes and amendments.. . . . . . . . . . . . . . . . . . . . .. . . . . . . 2488.1 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.. . . . . .. . . . . . . . . . . 2504.1 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. 80 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 Sec. 45-40. Vacation rentals. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2633 Articles IV, V. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2634.3 Secs. 45-41—45-48. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 2634.3 Article VI. Amendments—Fees; Waiting Periods . . . . . . . . . . . . . . . . . . . . . . . . . 2634.3 Sec. 45-49. Applications for rezoning, etc.. . . . . . . . . . . . .. . . . . . . . . . . 2634.3 Sec. 45-50. Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2634.4 Sec. 45-51. Waivers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2634.4 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. 80 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. Average elevation shall be used to calculate the maximum allowable height of single-family dwellings within the R-1 Zoning District that are not located within a special flood hazard area. The average elevation is an average of the existing elevation of the buildable area of a lot prior to any land alteration The average eleva- tion shall be calculated by the mathematical average of elevation points dispersed at approximately ten-foot equidistant intervals across the buildable area of a parcel. Where required, the average elevation survey shall be submitted with construction plans, and the calculated average elevation shall be depicted on all exterior elevation sheets of the construction plans. 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 § 45-2APPENDIX C—ZONING 2481Supp. No. 80 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, 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. 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, § 45-2 NORTH PALM BEACH CODE 2482Supp. No. 80 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 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. Fractional ownership shall mean the occupancy or use of a dwelling unit by co-owners pursuant to a fractional ownership plan for any length of time. Fractional ownership includes direct owner- ship in a property as well as indirect ownership through a corporation, limited liability company or other entity holding title to the property. Fractional ownership plan means an arrange- ment whether by tenancy in common, sale, deed or any other means, whereby the purchaser or co-owner receives an ownership interest and the right to use the property for a specific and discernible period through time-based division. 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. Landscaped area means a pervious landscaped area unencumbered by structures, buildings, paved parking lots, sidewalks, pools, decks, or any impervious surface. Landscape material shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plant- ings, decorative rock or mulch or bark. 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. § 45-2APPENDIX C—ZONING 2483Supp. No. 80 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, 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. § 45-2 NORTH PALM BEACH CODE 2484Supp. No. 80 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 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. § 45-2APPENDIX C—ZONING 2485Supp. No. 80 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) 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. § 45-2 NORTH PALM BEACH CODE 2486Supp. No. 80 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 • 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 § 45-2APPENDIX C—ZONING 2487Supp. No. 80 • 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 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. § 45-2 NORTH PALM BEACH CODE 2488Supp. No. 80 No. 2020-06, § 9, 9-24-20; Ord. No. 2022-01, § 2, 1-13-22; Ord. No. 2022-09, § 2, 4-28-22; Ord. No. 2022-10, § 2, 5-12-22) 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. § 45-5APPENDIX C—ZONING 2488.1Supp. No. 80 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.All single- family dwellings shall be limited to two (2) stories and thirty feet (30') in height. For the purposes of this subsection, height shall be measured from the average elevation of the existing grade prior to land alteration for proper- ties outside of special flood hazard areas and from the required design flood elevation for *Cross reference—Home occupations, § 17-2. § 45-27APPENDIX C—ZONING 2501Supp. No. 80 properties within special flood hazard areas. Height shall be measured to the highest point of the following: 1. the coping of a flat roof and the deck lines on a mansard roof; 2. the average height level between the eaves and roof ridges or peak for gable, hip or gambrel roofs; or 3. the average height between high and low points for a shed roof. Decorative architectural elements, chimneys, mechanical equipment, non-habitable cupolas, elevator shafts or similar appurtenances shall be excluded from the foregoing height restrictions. Rooftops shall not be used for pools, decks, or other spaces to congregate. 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. 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. § 45-27 NORTH PALM BEACH CODE 2502Supp. No. 80 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. (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 § 45-27APPENDIX C—ZONING 2503Supp. No. 80 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. H.Minimum landscaped area. 1. All single-family dwellings shall have a minimum landscaped area of thirty percent (30%). 2. All single-family dwellings (both one and two story) shall provide a minimum landscaped area of fifty percent (50%) in the required twenty-five-foot (25') front yard setback. Properties with frontage along urban collector roads (Lighthouse Drive and Prosperity Farms Road) shall provide a minimum landscaped area of forty percent (40%) in the required twenty- five-foot (25') front yard setback. Proper- ties having an irregular lot shape, meaning a lot which is not close to rectangular or square and in which the width of the property at the front property line is less than required by the underly- ing zoning district, shall provide a minimum landscaped area of twenty-five percent (25%) in the required twenty-five- foot (25') front yard setback. 3. A property owner who meets the overall minimum landscaped area requirement set forth in subsection (1) above and who does not meet the minimum landscaped area requirement in the twenty-five-foot (25') front yard setback set forth in subsec- tion (2) above may request a waiver of up to five percent (5%) of the minimum required area by filing a request with the Community Development Department. The request shall be forwarded to the Planning Commission for final action. A property owner seeking such a waiver shall be required to demonstrate to the Planning Commission that he or she has made a reasonable attempt to comply with the required minimum landscaped area within the front yard setback and has mitigated any deficiency through the installation of enhanced landscaping materials, the use of permeable hard- scape materials or some other acceptable means. For the purposes of this subsection, the term minimum landscaped area shall mean a pervi- ous landscaped area unencumbered by structures, buildings, paved parking lots, sidewalks, sports courts, pools, decks, or any impervious surface. Landscape material shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plant- ings, or decorative rock or bark. No landscape material shall be used for parking. However, pervious surfaces used for the parking of recreational equipment in side and rear yards shall be included in the calculation of the minimum landscaped area. With respect to building permits for renova- tions of existing single-family dwellings, the minimum landscaped area standards shall apply only to the extent that the proposed scope of work impacts the applicable standard. I.Maximum driveway width in swale.The total width of driveways from the edge of the public roadway to the abutting privately-owned property shall not exceed a total of thirty-two feet (32') in width at the property line, excluding flares. For lots with ninety (90) or more feet of public roadway frontage, the total width of driveways from the edge of the public roadway to the abutting privately-owned private shall not exceed a total of forty feet (40') in width at the property line, excluding flares. Each side of a flared driveway shall be no more than three feet (3') wider than the rest of the driveway. (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, § 45-27 NORTH PALM BEACH CODE 2504Supp. No. 80 4-23-09; Ord. No. 2012-03, § 3, 3-22-12; Ord. No. 2014-06, § 2, 7-24-14; Ord. No. 2022-09, §§ 2, 3, 4-28-22) 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- § 45-28APPENDIX C—ZONING 2504.1Supp. No. 80 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 2504.2Supp. No. 80 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 ch. 197 30-11 202.195 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 2819Supp. No. 80 Section Section this Code 316.212 18-46 316.212(1) 18-46 316.1955—316.1959 18-39 316.1955 18-39 316.1964 18-39 316.1967 18-39 320.01(1) 14-37 320.01(22) 18-45 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 19-201 373.62 19-202 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) 17-33 403.0893 30-1 403.0893(3) 30-1 30-2 413.08 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 Section Section this Code 471.003 29-8(c)(1) ch. 472 App. B, Art. I, § 36-6 ch. 480 App. C, § 45-2 ch. 495 1-10 509.013(4)(a) App.C, § 45-40 ch. 515 App. C, § 45-40 ch. 553 6-16 553.73 11-11 553.73(2) 6-2 561.01 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 633.025 12-16 633.0215 12-16 ch. 650 Ch. 2, Art. V, Div. 2 2-136 650.02 2-136 658.12 2-4 ch. 718 18-45 30-3 718.103 30-3 ch. 719 18-45 ch. 720 18-45 ch. 760 App. C, § 45-2 767.12 14-92 768.28 29-12(d) 775.082, 775.083 2-169(f) 2-256 784.03 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 NORTH PALM BEACH CODE 2820Supp. No. 80 Section Section this Code 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) 2-159 943.14 2-159 943.25(13) 1-9 STATUTORY REFERENCE TABLE [The next page is 2869] 2821Supp. No. 80 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. 80 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 2021-05 3-25-21 2 10-5(a) 2021-06 4-22-21 2 Added 18-45, 18-46 2021-07 6-10-21 2 Added 19-13 2021-09 7- 8-21 2 Added 30-1—30-12 2021-13 9- 8-21 2 10-5(a) 2021-14 9- 8-21 2 Added App, C, § 45-40 2021-15 9- 8-21 2 App. C, § 45-36 R.(2)c. 2021-18 9-23-21 2 Rpld 14-26—14-29 Rnbd 14-30, 14-31 as 14-26, 14-27 14-26(2), (3) 14-27(b)(1), (c), (d)(2), (3) 2021-19 11-18-21 2 Rpld 2-251—2-256 Added 2-251—2-257 2021-20 11-18-21 2 Added 20-11 2022-01 1-13-22 2 App. C, § 45-2 3 Added App. C, § 45-36 V. 2022-02 1-13-22 2 Rpld 18-36—18-38 Added 18-36—18-39 3 Rpld 5-38 2022-03 1-27-22 2 2-1(f)(7) Rpld 2-1(f)(8) 2022-05 4-14-22 2 Rpld 19-200—19-206 Rpld 19-200—19-204 2022-06 4-14-22 2 2-159(b) 2-161(a)(1) 2-163(a)(1) 2022-07 4-14-22 2 18-34.1(b) 2022-09 4-28-22 2 Added 21-70(a)(8) 21-70(c) 2 App. C, § 45-2 3 App. C, § 45-27 B. Added App. C, § 45-27 H., I. 2022-10 5-12-22 2 App. C, § 45-2 NORTH PALM BEACH CODE [The next page is 2933] 2898Supp. No. 80 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. Waterways board . . . . . . . . . . . . . . . . . . . . . . . 5-102 et seq. DEVELOPMENTS. See: PLANNING AND DEVELOPMENT CODE INDEX Section Section 2941Supp. No. 80 DISABLED AND HANDICAPPED PERSONS Applicability of dog prohibitions to guide and service dogs. . . . . . . . . . . . . . . . . . . 4-27(d) Motor vehicles and traffic Stopping, standing and parking Parking spaces for the physically disabled. . . . . . . . . . . . . . . . . . . . . . 18-39 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 Mandatory year-round landscape irriga- tion conservation measures . . . . . . . . 19-202 et seq. See: LANDSCAPING E ELECTIONS Candidacy Candidates for office; qualifying. . . . . . . 10-5 Preservation of notice of candidacy. . . . 10-6 Conduct of elections . . . . . . . . . . . . . . . . . . . . 10-6 ELECTIONS (Cont'd.) 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 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 ENVIRONMENTAL CONCERNS Environmental committee. . . . . . . . . . . . . . . 24-61 et seq. See: STREETS, SIDEWALKS AND PUBLIC PLACES NORTH PALM BEACH CODE Section Section 2942Supp. No. 80 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) Mandatory year-round landscape irriga- tion conservation measures Conservation regulations . . . . . . . . . . . . . 19-202 Hours for landscape irrigation. . . . . . 19-202(b) Landscape irrigation systems . . . . . . 19-202(d) Low-volume irrigation, micro-irriga- tion, and low-volume hand watering methods . . . . . . . . . . . . 19-202(e) New landscaping . . . . . . . . . . . . . . . . . . 19-202(c) Permissible days for landscape irriga- tion. . . . . . . . . . . . . . . . . . . . . . . . . . 19-202(f) Wasteful and unnecessary uses. . . . . 19-202(a) Water shortages . . . . . . . . . . . . . . . . . . . 19-202(g) Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 19-201 LANDSCAPING (Cont'd.) Purpose and applicability. . . . . . . . . . . . . 19-200 Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-204 Violations and enforcement . . . . . . . . . . . 19-203 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 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 CODE INDEX Section Section 2947Supp. No. 80 LICENSES AND PERMITS (Cont'd.) 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 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 MOTOR VEHICLES AND TRAFFIC (Cont'd.) 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 Golf carts Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 18-45 Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-46 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 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 Fine schedule. . . . . . . . . . . . . . . . . . . . . . . . 18-38 Parking citation procedure. . . . . . . . . . . . 18-37 Parking restricted. . . . . . . . . . . . . . . . . . . . 18-34 Parking spaces for the physically disabled . . . . . . . . . . . . . . . . . . . . . . . . 18-39 Recreational vehicles and trailers;park- ing on residential property restricted in R-1 and R-2 residential zoning districts . . . . . . 18-35.1 Stopping, parking and standing prohibited in specified areas . . . . . 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 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 NORTH PALM BEACH CODE Section Section 2948Supp. No. 80 NOISE CONTROL (Cont'd.) 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 CODE INDEX Section Section 2948.1Supp. No. 80 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. 80 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 Mandatory year-round landscape irriga- tion conservation measures . . . . . . . . 19-200 et seq. See: LANDSCAPING WATER SUPPLY AND DISTRIBUTION Mandatory year-round landscape irriga- tion conservation measures . . . . . . . . 19-200 et seq. See: LANDSCAPING 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 Y YARDS AND OPEN SPACES Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . 45-81 et seq. See: ZONING (Appendix C) Zoning regulations. . . . . . . . . . . . . . . . . . . . . . 45-27 et seq. See: ZONING (Appendix C) NORTH PALM BEACH CODE Section Section 2958Supp. No. 80 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 [The next page is 2961] 2959Supp. No. 80 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. 80 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 . . . . . 45-27 Building height regulations. . . . . . . . . . . 45-27(B) Maximum driveway width in swale . . . 45-27(I) Mechanical equipment . . . . . . . . . . . . . . . 45-27(G) Minimum landscaped area. . . . . . . . . . . . 45-27(H) 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 Vacation rentals . . . . . . . . . . . . . . . . . . . . . . . . 45-40 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. 80