Code of Ordinances Supplement 45SUPPLEMENT NO. 45
January 2010
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. 2009-16, adopted November 12, 2009.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
xiii, xiv xiii, xiv
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
332.1-335 333-335
398.5, 398.6 398.5-398.6.1
398.9, 398.10 398.9, 398.10
1345-1350 1345-1350.2
2510.1-2510.2.1 2510.1-2510.2.1
2515, 2516 2515-2516.1
2891 2891, 2892
2947-2950 2947-2950.1
2959, 2960 2959, 2960
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
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'FABLE OF CONPENPS Contd.
Chapter Page
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. Fire Division ............................... 726
Div. 1. Generally ............................... 726
Div. 2. Personnel ............................... 727
Div. 3. Equipment .............................. 727
Div. 4. Reserved ................................ 728
Art. IV. Recovery of Costs for Cleanup, Abatement and
Removal of Hazardous Substances ........... 728
12.5 Flood Damage Prevention .............................. 777
Art. I. In General ................................... 779
Art. II. Administration .............................. 783
Art. III. Provisions for Flood Hazard Reduction ....... 786
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 ................................ 892
Art. III. Reserved ................................... 892
Art. IV. Abatement of Public Nuisances on Private Prop-
erty ........................................ 893
15. Housing .. ............................................ . 945
Art. I. In General .................................. . 947
Art. II. Abandoned Real Property ................... . 949
16. Library ... ............................................ . 997
Art. I. In General .................................. . 999
Art. II. Library Board .............................. . 999
17. Licenses and Miscellaneous Business Regulations ........ . 1051
Art. I. In General .................................. . 1053
Supp. No. 45 Xjjj
NOR'PH PALM BEACH CODE
Chapter Page
Art. II. Local Business Tax .......................... 1057
Art. III . Businesses Located Outside Village Limits ... 1060.4
Art. IV. Reserved ................................... 1063
Art. V. Ambulances ................................. 1063
Art. VI. Garage and Other Sales ..................... 1063
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 ............. 1175
19. Offense s and Miscellaneous Provisions ................... 1225
Art. I. In General ................................... 1227
Art. II. Sexual Offenders and Sexual Predators ....... 1228
Art. III . Offenses Against Property ................... 1228.1
Art. IV. Offenses Against Public Morals .............. 1228.1
Art. V. Offenses Against Public Peace ................ 1229
Art. VI. Noise Control .............................. 1229
Art. VII. Reserved .................................. 1235
Art. VIII. Weapons ................................. 1235
Art. IX. Water Shortage Emergencies ................ 1236
Art. X. Alarms ..................................... 1238
Art. XI. Wellf"ield Protection ......................... 1242
20. Parks, Playgrounds and Recreation ...................... 1289
Art. I. In General ................................... 1291
Art. II. Meetings and Gatherings .................... 1292
Div. 1. Generally ............................... 1292
Div. 2. Permit .................................. 1292
Art. III. Recreation Advisory Board .................. 1293
21. Planning and Development .............................. 1343
Art. I. In General ................................... 1345
Art. II. Planning Commission ....................... 1347
Art. III . Board of Adjustment ........................ 1348
Art. IV. Concurrency Management ................... 1350
Art. V. Stormwater Management .................... 1363
Art. VI. Archaeological Site Protection Regulations ... 1366.1
22. Reserved .. ............................................. 1411
23. Police . .... ............................................. 1463
Art. I. In General ................................... 1465
Art. II. Reserved ................................... 1465
Art. III . Reserve Force .............................. 1465
24. Streets , Sidewalks and Public Places ..................... 1517
Art. I. In General ................................... 1519
Art. II. Excavations ................................. 1519
Div. 1. Generally ............................... 1519
Div. 2. Permit .................................. 1520
Supp. No. 45 ~p
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 apage-for-page
substitution basis, it has become evident that through usage and
supplementation many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user
to determine whether the Code volume properly reflects the latest printing of
each page.
In the first column all page numbers are listed in sequence. The second
column reflects the latest printing of the pages as they should appear in an
up-to-date volume. The letters "OC" indicate the pages have not been reprinted
in the Supplement Service and appear as published for the original Code.
When a page has been reprinted or printed in the Supplement Service, this
column reflects the identification number or Supplement Number printed on
the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used
in compiling an up-to-date copy from the original Code and subsequent
Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page 1 65 38
iii 1 77 OC
v, vi OC 79, 80 OC
vii, viii OC 81, 82 25
ix OC 83 25
x.i, x.ii 1 133 44
x.iii 1 134.1, 134.2 34
xi, xii 44 134.3, 134.4 39
xii.i 44 134.5, 134.6 39
xiii, xiv 45 135, 136 39
xv, xvi 41 137, 138 39
1 25 138.1, 138.2 33
3, 4 25 138.3 30
5, 6 25 139, 140 34
7, 8 25 140.1, 140.2 28
9, 10 29 141, 142 33
10.1, 10.2 38 142.1 33
10.3 38 143, 144 31
11, 12 25 144.1, 144.2 36
13, 14 25 145, 146 36
15, 16 33 146.1 36
16.1 33 147, 148 32
17, 18 25 148.1 32
19 25 149, 150 29
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Page No. Supp. No. Page No. Supp. No.
151, 152 39 401, 402 OC
153, 154 39 403 OC
155, 156 39 453 OC
156.1, 156.2 39 455, 456 22
156.3 39 507 22
157, 158 35 509, 510 33
159, 160 35 511 22
160.1 35 559 36
161, 162 25 561, 562 40
163, 164 36 563 40
164.1 36 615 36
165, 166 25 617, 618 36
167, 168 25 671 2
169, 170 44 673 24
211 OC 695 13
213, 214 19 697 13
263 OC 723 24
265, 266 OC 725, 726 44
267, 268 42 727, 728 5
269 42 729 5
319 29 777 OC
321, 322 17 779, 780 OC
323, 324 33 781, 782 OC
325, 326 32 783, 784 OC
326.1 32 785, 786 OC
327, 328 27 787, 788 OC
329, 330 36 789 OC
331, 332 36 839 OC
333, 334 45 889 39
335 45 891, 892 40
381 23 892.1, 892.2 40
383, 384 33 893, 894 43
385 24 945 41
398.3, 398.4 7 947, 948 41
398.5, 398.6 45 949, 950 41
398.6.1 45 951 41
398.7, 398.8 40 997 OC
398.9, 398.10 45 999, 1000 22
398.11, 398.12 40 1051 33
398.13, 398.14 40 1053, 1054 31
398.15, 398.16 40 1054.1, 1054.2 31
398.16.1 40 1054.3, 1054.4 31
398.17, 398.18 33 1055, 1056 36
399, 400 OC 1057, 1058 33
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1059, 1060 33 1463 OC
1060.1, 1060.2 43 1465, 1466 OC
1060.3, 1060.4 43 1517 OC
1060.5 43 1519, 1520 OC
1061, 1062 8 1521, 1522 27
1063,1064 8 1523 27
1121 OC 1573 24
1171 OC 1575, 1576 29
1173,1174 28 1627 9
1175, 1176 36 1629, 1630 27
1177 36 1631 27
1225 31 1681 OC
1227, 1228 37 1683, 1684 33
1228.1 37 1684.1, 1684.2 24
1229, 1230 21 1685, 1686 OC
1231, 1232 21 1687, 1688 17
1233, 1234 33 1689, 1690 17
1235,1236 30 1739 14
1236.1 30 1741, 1742 21
1237,1238 16 1781 21
1239, 1240 33 1783, 1784 21
1241, 1242 33 1785, 1786 33
1289 3 1787,1788 33
1291, 1292 OC 1788.1 33
1293, 1294 29 1789, 1790 21
1295 29 1791,1792 21
1343 4 1793,1794 21
1345, 1346 45 1795, 1796 21
1347, 1348 45 2043 OC
1349, 1350 45 2045, 2046 33
1350.1, 1350.2 45 2046.1 25
1351, 1352 33 2047, 2048 OC
1353, 1354 33 2049, 2050 OC
1355, 1356 33 2051, 2052 OC
1356.1 33 2053 OC
1357, 1358 OC 2353 OC
1359, 1360 33 2355, 2356 OC
1361, 1362 33 2357, 2358 33
1363, 1364 33 2359, 2360 33
1365, 1366 33 2361, 2362 33
1366.1, 1366.2 33 2363, 2364 33
1366.3, 1366.4 33 2364.1 33
1367 5 2365, 2366 OC
1411 OC 2367, 2368 37
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NOR"I'H PALM BEACH CODE
Page No. Supp. No. Page No. Supp. No.
2368.1 37 2510.23, 2510.24 25, Add.
2369, 2370 OC 2510.25, 2510.26 25, Add.
2371, 2372 OC 2510.27, 2510.28 25, Add.
2373, 2374 33 2510.29, 2510.30 25, Add.
2375, 2376 33 2510.31, 2510.32 25, Add.
2377, 2378 33 2510.33, 2510.34 25, Add.
2379 33 2510.35, 2510.36 25, Add.
2479 9 2510.37, 2510.38 25, Add.
2481, 2482 41 2510.39, 2510.40 25, Add.
2483, 2484 41 2510.41, 2510.42 25, Add.
2485, 2486 41 2510.43, 2510.44 25, Add.
2486.1, 2486.2 41 2510.45, 2510.46 25, Add.
2486.3, 2486.4 41 2510.47, 2510.48 25, Add.
2486.5, 2486.6 41 2510.49, 2510.50 25, Add.
2486.7, 2486.8 41 2510.51, 2510.52 25, Add.
2486.9, 2486.10 41 2510.53, 2510.54 25, Add.
2487, 2488 OC 2510.55, 2510.56 25, Add.
2488.1, 2488.2 18 2510.57, 2510.58 25, Add.
2489, 2490 18 2511, 2512 30
2491, 2492 18 2512.1, 2512.2 23
2493, 2494 18 2512.3, 2512.4 33
2495, 2496 18 2512.5, 2512.6 33
2497, 2498 32 2512.7 33
2499, 2500 32 2513, 2514 OC
2500.1 32 2515, 2516 45
2501, 2502 25 2516.1 45
2503, 2504 28 2517, 2518 22
2504.1, 2504.2 29 2619 38
2504.3 28 2819, 2820 44
2505, 2506 10 2869, 2870 OC
2507, 2508 13 2871 OC
2509, 2510 32 2873 OC
2510.1, 2510.2 45 2875, 2876 OC
2510.2.1 45 2877, 2878 OC
2510.3, 2510.4 25, Add. 2879, 2880 OC
2510.5, 2510.6 25, Add. 2881, 2882 14
2510.7, 2510.8 25, Add. 2883, 2884 14
2510.9, 2510.10 25, Add. 2885, 2886 19
2510.11, 2510.12 25, Add. 2887, 2888 25, Add.
2510.13, 2510.14 25, Add. 2889, 2890 33
2510.15, 2510.16 25, Add. 2891, 2892 45
2510.17, 2510.18 25, Add. 2933, 2934 25
2510.19, 2510.20 25, Add. 2935, 2936 44
2510.21, 2510.22 25, Add. 2936.1 44
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2949, 2950 45
2950.1 45
2951, 2952 41
2952.1 41
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2955, 2956 39
2957, 2958 36
2959, 2960 45
Supp. No. 45 [5]
BOA'PS, DOCKS AND wA'PERWAYS
"5. That the variance granted is the
minimum variance that will make
possible the reasonable use of the
land, building or structures;
"6. That the grant of the variance will
be in harmony with the general in-
tent and purpose of the ordinance
and that such variance will not be
injurious to the area involved or oth-
erwise detrimental to the public wel-
fare.
"(b) In granting any variance, the board of
adjustment may prescribe appropriate con-
ditions and safeguards in conformity with
this part and any ordinance enacted un-
der its authority. Violation of such condi-
tions and safeguards, when made a part
of the terms under which the variance is
granted, shall be deemed a violation of
the ordinance.
"(c) The board of adjustment may prescribe a
reasonable time limit within which the
action for which the variance is required
shall be begun or completed or both."
Public notice of all hearings conducted in ac-
cordance with this section shall be provided as
required by section 21-3 of this Code.
(Ord. No. 1-82, § 1, 1-28-82; Ord. No. 28-98, § 4,
12-10-98; Ord. No. 2009-16, § 3, 11-12-09)
Secs. 5-87-5-92. Reserved.
DIVISION 5. EROSION CONTROL
STRUCTURES''`
Sec. 5-93. Definition.
As used in this division, "erosion control struc-
tures" shall mean seawalls and/or groins designed
to control and prevent erosion of existing land
masses which lie outside established bulkhead
lines or property lines in waterways, lakes, rivers,
lagoons or other bodies of water in the village.
(Code 1970, § 11-40; Ord. No. 4-74, § 2)
Cross reference-Rules of construction and definitions
generally, § 1-2.
*Cross reference-Coastal construction code, § 6-151 et
seq.
Sec. 5-94. When permitted.
§ 5-101
Erosion control structures shall be permitted
to be constructed in the village only where land
masses exist waterward of any property line or
bulkhead line in the village and within the rights-
of-way of any waterway, lake, river, lagoon or
other body of water in the village other than the
Atlantic Ocean. Erosion control structures shall
be permitted when the village engineer and vil-
lage council determine that such structure is
necessary to prevent a land mass as described
above from eroding into the adjacent body of
water.
(Code 1970, § 11-40; Ord. No. 4-74, § 2)
Sec. 5-95. Construction.
Construction plans and location of erosion con-
trol structures shall be prepared by a Florida
registered engineer and be approved by the vil-
lage engineer. Prior to a permit being issued,
permits shall also be obtained from any other
authority having a legal interest in the waterway,
lake, river, lagoon or other body of water involved.
(Code 1970, § 11-40; Ord. No. 4-74, § 2)
Sec. 5-96. Control.
Every erosion control structure shall be owned
and maintained by the village and shall be al-
tered or removed under the authority and deci-
sion of the village council. Erosion control struc-
tures may be constructed by upland landowners
under the supervision of the building official of
the village. All erosion control structures shall
meet the minimum design requirements set forth
in this chapter, including permits, fees, surety
bonds, minimum design requirements and other
regulations.
(Code 1970, § 11-40; Ord. No. 4-74, § 2)
Secs. 5-97-5-100. Reserved.
ARTICLE IV. MARINE SANCTUARIES'i'
Sec. 5-101. Designation of waters as marine
sanctuaries.
(a) Definition. Marine sanctuary is defined as
those areas within the village where the tide ebbs
and flows including, but not limited to, Lake
#Editor's note-Ord. No. 18-79, § 1, adopted Sept. 13,
1979, amended the Code by adding § 7-25. However, for
purposes of classification, the new provisions have been redes-
i~,mated as Ch. 5, Art. IV, § 5-101, at the editor's discretion.
Supp. No. 45 333
§ 5-101
NOR'PH PALM BEACH CODE
Worth, the Intracoastal Waterway and other wa-
ter areas throughout the village which under
normal circumstances support vegetation typi-
cally adapted for life in the water and for the
preservation and growth of fish breeding, recre-
ation and aesthetic areas.
(b) Areas designated. The village nominates all
water areas within its corporate limits, and, in
particular, Lake Worth and the Intracoastal Wa-
terway, to be designated as "a marine and wildlife
sanctuary" as provided for under ~tle III of the
Marine Protection, Research and Sanctuaries Act
of 1972. The village clerk is hereby directed to
request the secretary of commerce to so designate
those portions of North Palm Beach to be marine
sanctuaries.
(c) Area to be regulated. The village hereby
declares the waters of Lake Worth and the
Intracoastal Waterway within its municipal bound-
aries to be a marine sanctuary in accordance with
its findings that these waters support substantial
fish breeding and are one of the last known fish
breeding areas in Lake Worth, and contain therein
unique mangrove species, mud flats and other
areas conducive to fish breeding and ecological
conservation of marine life. Further, that such
areas are necessary to be conserved for their
ecological purposes, as well as for the substantial
recreational purposes of fishing and boating which
occur thereon, as well as for the aesthetic value of
the substantial expanse of water, together with
the marine life, mangroves and foliage connected
therewith. Accordingly, the village council hereby
undertakes to regulate water areas, mangrove
areas and other fish breeding and recreation
areas within the village to the extent that such
regulations do not conflict with either state or
federal law, and no disturbance of existing areas
within the village where the tide ebbs and flows
may occur without the specific authorization, per-
mit and license of the village, after due notice and
hearing as to the ecological, conservation, recre-
ation and aesthetic affect upon these areas shall
be had.
(d) Construction of section. The terms of this
section shall be in addition to any other terms set
forth in this Code which are concerned with
applications for dredge and fill permits, applica-
tions for building, setback applications, etc., and
shall not be considered to be in lieu of any
requirements contained in the village Code.
(Ord. No. 18-79, § 1, 9-13-79)
Cross reference-Filling permits, §§ 7-16 7-20.
ARTICLE V. WATERWAYS BOARD
Sec. 5-102. Created.
A waterways board (hereinafter referred as the
"board") for the village is hereby created.
(Ord. No. 18-2004, § 1, 7-22-04)
Sec. 5-103. Composition; terms; vacancies.
(a) Composition. The waterways board shall
consist of five (5) members and two (2) alternate
members who shall be village residents.
(b) Terms. At the first appointment of the five
(5) members, one (1) member shall be appointed
for a term of one (1) year; two (2) members shall
be appointed for a term of two (2) years; and two
(2) members shall be appointed for a term of three
(3) years. Thereafter, resident members shall be
appointed for terms of three (3) years. The terms
of all members appointed subsequent to Novem-
ber 1, 2005, that have terms ending in November
shall be shortened to April 30 of the last year of
the appointed term; thereafter, terms of all mem-
bers shall expire on April 30. Alternate members
shall be appointed on the same day that regular
members are appointed and on an annual basis
during April of each year to take effect the follow-
ing May 1 of each year and shall have the duty to
sit for any regular member that is absent. Alter-
nate members shall be appointed as first alter-
nate and second alternate and shall serve in that
order when required. The members shall serve at
the pleasure of the village council.
(c) Vacancies. An appointment to fill any va-
cancy shall be for the remainder of the unexpired
term of office.
(Ord. No. 18-2004, § 1, 7-22-04; Ord. No. 2006-09,
§ 1, 6-22-06)
Sec. 5-104. Organization.
At the first organizational meeting of the board,
the members shall elect a chairman and vice
Supp. No. 45 334
BOA'PS, DOCKS AND wA'PERWAYS
chairman from among its members. Subsequent
to the initial organizational meeting where offic-
ers are elected, the members shall elect the offic-
ers from among its members at the first regular
meeting in may of each year. The presence of
three (3) members shall constitute a quorum, and
motions shall be approved by a majority of mem-
bers present. The members shall serve without
compensation. All meetings of the waterways board
shall be held at Village Hall, 501 U.S. Highway
One, North Palm Beach, Florida, and shall be
open to members of the public.
(Ord. No. 18-2004, § 1, 7-22-04)
Sec. 5-105. Duties.
The waterways board shall have the following
missions and responsibilities:
(1) The mission of the waterways board is to
ensure that the waterways located within
the Village of North Palm Beach and the
marina located at Anchorage Park are
maintained, operated and improved to
provide the safest, most efficient, econom-
ical and environmentally-sound water
transportation route in the village and to
provide sound use of village waterways
that serve business, commercial fisheries
and recreation.
(2) The board shall identify, analyze, address
and publicize issues that affect the village
waterways, village citizens and users.
(3) The board shall endeavor to build a grow-
ing community of support through educa-
tion of its members, prospective members,
community groups and relevant govern-
ment officials.
(4) The board shall make recommendations
to the village council as to recommended
improvements and establishment of poli-
ties.
(Ord. No. 18-2004, § 1, 7-22-04)
Sec. 5-106. Removal.
If a member of the waterways board or a
designated alternate of the board is absent from
three (3)regularly-scheduled meetings of the board
within any twelve (12) consecutive month period
§ 5-106
without such absence being excused by majority
vote of the board, the chairman shall promptly
notify the village council. The council may there-
after declare the member's office vacant and
promptly fill such vacancy for the unexpired term
of office.
(Ord. No. 18-2004, § 1, 7-22-04)
('Phe next page is 3811
Supp. No. 45 335
BUILDINGS AND BUILDING REGULA'PIONS
upon which such certificate was granted shall be
turned over to the building inspector whose re-
sponsibility it shall be to determine, from time to
time as the project is in progress and finally upon
its completion, that there have been no unautho-
rized deviations from the evidence upon which
the granting of the certificate of appropriateness
was originally based. The building inspector shall
not issue a certificate of occupancy for any build-
ing or structure where there have been any devi-
ations from the certificate of appropriateness which
has been granted.
(Code 1970, § 6-38)
Secs. 6-61-6-71. Reserved.
ARTICLE IV. RESERVED''`
Secs. 6-72-6-109. Reserved.
ARTICLE V. SIGNS AND OUTDOOR
DISPLAYS'i'
Sec. 6-110. Purpose and scope of regula-
tions.
(a) In General. The purpose of this chapter is
to establish regulations for the systematic control
of signs and advertising displays within the Vil-
lage of North Palm Beach. The regulations and
requirements as herein set forth are intended to
preserve the residential character of the Village of
North Palm Beach by controlling size, location
and use of signs in all zoning districts within the
village. It is further intended to protect and
*Editor's note-Section 3 of Ord. No. 4-90, adopted Mar.
8, 1990, repealed former Art. IV, "Contractors," which con-
tained §§ 6-72 6-81 and 6-89 6-99. 'Phe repealed provisions
derived from Code 1970, § 10-1 10-11, and Ord. No. 19-82,
§§ 1 6, adopted Oct. 14, 1982.
#Editor's note-Ord. No. 24-93, § 1, adopted Oct. 14,
1993, repealed the provisions of former Art. V §§ 6-111 6-
138, relative to si~,ms and outdoor displays, and § 2 of said
ordinance enacted a new Art. V to read as herein set out in
§§ 6-111 6-117. 'Phe provisions of former Art. V derived from
Ord. No. 10-80, adopted 1Vlay 22, 1980; Ord. No. 32-80, adopted
Oct. 23, 1980; Ord. No. 7-85, adopted May 9, 1985; Ord. No.
1-88, adopted Jan. 14, 1988; Ord. No. 5-89, adopted Feb. 9,
1989; and Ord. No. 19-89, adopted Sept. 14, 1989.
Cross references-Appearance plan, App. A; zoning, App.
C.
§ 6-111
promote the general health, safety and welfare of
the public, to protect property values and to assist
in the safe, economic, and aesthetic development
of business:
(1) Property value protection. Signs should
not create a nuisance to the occupancy or
use of other properties as a result of their
size, height, brightness or movement. They
should be in harmony with buildings, the
neighborhood and other conforming signs
in the area.
(2) Communication. Signs should not deny
other persons or groups the use of sight
lines on public rights-of--way, should not
obscure important public messages and
should not overwhelm readers with too
many messages. Signs can and should
help individuals to identify and under-
standthe jurisdiction and the character of
its subareas.
(3) Preservation of community's beauty. Small
residential municipalities such as this rely
heavily on their natural surroundings and
beautification efforts to retain their unique
character. This concern is reflected by the
active and objective regulations of the
appearance and design of signs.
(Ord. No. 31-2001, § 1, 10-25-O1)
Sec. 6-111. General provisions.
(A) Criteria for appearance.
(1) Wall signs shall be part of the architec-
tural concept of the building. Size, color,
lettering, location and arrangement shall
be harmonious with the building design.
(2) Ground signs shall be designed in har-
mony with the architectural theme, de-
sign style and scale of the principal build-
ing on site and incorporate complementary
building materials. The same criteria ap-
plicable to wall signs shall apply to ground
signs.
(3) Identification signs of a prototype design
shall conform to the criteria for building
and ground signs.
Supp. No. 45 398.5
§ 6-111
NOR'PH PALM BEACH CODE
(4) Materials used in signs shall have good
architectural character and be harmoni-
ous with the building design and surround-
ing landscape.
(5) Every sign shall be designed so as to have
visual relationship to buildings and sur-
roundings.
(6) Colors shall be used harmoniously and
with restraint. Excessive brightness and
brilliant colors shall be avoided. Lighting
shall be harmonious with the design. If
external spot or flood lighting is used, the
light fixtures and light source shall be
arranged so that the light source is shielded
from view.
(7) All permanent signs shall comply with
the requirements and procedures of the
Village Appearance Code.
(B) Relationship to building and electrical codes.
These sign regulations are intended to comple-
ment the requirements of the building and elec-
trical codes adopted by the village. Wherever
there is inconsistency between these regulations
and the building or electrical code, the more
stringent requirements shall apply.
(C) Nonconforming signs. All building wall sign
structures, awning signs, pole sign structures and
ground sign structures erected within the village
that do not conform to the terms of this code shall
conform by October 14, 2003, or be removed from
the premises. A face change on a building wall
sign, awning sign, pole sign or ground sign will
not require the sign to conform. All other signs
and outdoor displays shall conform within thirty
(30) days of the effective date of this article. A
nonconforming sign may not be enlarged or al-
tered to increase its nonconformity. Should any
nonconforming sign be damaged by any means to
an extent of more than fifty (50) percent of its
replacement cost at the time of damage, it shall
not be reconstructed or repaired except in confor-
mity with the provisions of this article.
(D) Appeals and review. The applicant may file
an appeal to the village council on any ruling by
the planning commission as to this Sign Code in
accordance with section 6-35 of the Village Code.
(E) Variance.
(1) Permanent sign. Dimensional restrictions
outlined in this Code or viewing obstacles
shall be considered the only grounds of a
hardship for appeal from the regulations
described herein. Any increase in the height
or size of a sign or setback thereof in the
granted variance shall not exceed thirty
(30) percent of the requirements of this
code.
(2) The board of adjustment shall hear and
rule on all applications for variance to
this Code. All the provisions of Article III,
Chapter 21 of the Village Code, shall
apply to applications for variance to this
code.
(3) All applications for variances to regula-
tions established by this article shall be
filed with the community development
director upon a form supplied by the vil-
lage. The application shall be accompa-
nied by a filing fee of one hundred fifty
dollars ($150.00).
(4) Public notice of all hearings conducted in
accordance with this section shall be pro-
vided as required by section 21-3 of this
Code.
(F) Enforcement. The building official may ini-
tiate action before the code enforcement board of
the village to obtain compliance with this code.
(G) Maintenance.
(1) All signs, including their supports, braces,
guys and anchors, electrical parts and
lighting fixtures, and all painted and dis-
play areas, shall be maintained in accor-
dance with the building and electrical
codes adopted by the village, and shall
present a neat and clean appearance. The
vegetation around the base of ground signs
shall be neatly trimmed and free of un-
sightly weeds, and no rubbish or debris
that would constitute a fire or health
hazard shall be permitted under or near
the sign.
(2) Any sign now or hereafter existing which
no longer advertises a bona fide business
Supp. No. 45 398.6
BUILDINGS AND BUILDING REGULA'PIONS § 6-111
conducted or a product sold shall be taken
down and removed by the owner, agent or
person having the beneficial use of the
building or structure upon which sign
may be found within ten (10) days after
written notification from the building of -
Supp. No. 45 398.6.1
BUILDINGS AND BUILDING REGULA'PIONS
Sign structure. Any construction used or
designed to support a sign.
Street. A public or private right-of--way for
vehicular traffic, including highways, thorough-
fares, lanes, roads, ways, and boulevards.
Temporary sign. A sign which is intended to
advertise community events, civic projects, po-
litical candidacy, political issues, real estate for
sale or lease or other special events on a short
term basis.
Unit. That part of a multiple occupancy
complex housing one occupant.
Vehicle sign. A sign of any nature attached
to, affixed in any manner or painted on a motor
vehicle or trailer.
(I) Permits.
(1) A sign shall not hereafter be erected,
constructed, altered or maintained except
as provided in this Code, until after a
permit for the same has been issued in
accordance with the permitting proce-
dures of the building code.
(2) Fees. Fees shall be based on the construc-
tion valuation as set forth in the building
code.
(3) Exemption. Temporary signs are exempt
from the requirement of obtaining a per-
mit or paying a fee, but they shall be
subject to the other provisions of this
chapter.
(Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 1,
8-11-94; Ord. No. 10-99, § 1, 2-11-99; Ord. No.
2009-02, § 2, 1-22-09; Ord. No. 2009-16, § 4,
11-12-09)
Sec. 6-112. Exempt signs.
The following signs are exempt from the oper-
ation of these sign regulations, and from the
requirement in this Code that a permit be ob-
tained for the erection of permanent signs, pro-
vided they are not placed or constructed so as to
create a hazard of any kind:
(A) Signs that are not designed or located so
as to be visible from any street or adjoin-
ing property.
Supp. No. 45 398,9
§ 6-112
(B) Parking area directional signs may be
erected at each point of ingress and egress
to a parking lot or parking area. Such
signs shall not exceed two (2) square feet
in background area nor extend to a height
greater than three (3) feet above ground.
Only one (1) such sign shall be allowed at
each point of ingress and egress, provided
such signs do not create a traffic or pedes-
trian hazard. (See section 6-116(D)) No
names or logos permitted.
(C) Signs necessary to promote health, safety
and welfare, and other regulatory, statu-
tory, traffic control or directional signs
erected on public property with permis-
sion as appropriate from the State of
Florida, the United States, the County of
Palm Beach, or the Village of North Palm
Beach.
(D) Legal notices and official instruments.
(E) Decorative flags and bunting fora cele-
bration, convention, or commemoration of
significance to the entire community when
authorized by the village manager for a
period, not to exceed thirty (30) days.
(F) Holiday lights and decorations, erected
during the appropriate holiday season,
shall comply with all building and electri-
cal codes. Holiday lights and decorations
may be erected no earlier than four (4)
weeks prior to the subject holiday with
the exception of the Christmas/Hanukkah
holidays. Christmas/Hanukkah lights and
decorations maybe erected no earlier than
October 15th. All holiday lights and deco-
rations must be removed within two (2)
weeks following the holiday.
(G) Merchandise displays behind storefront
windows so long as no part of the display
moves or contains flashing lights.
(H) Memorial signs or tablets, names of build-
ings and dates of erection when cut into
any masonry surface or when constructed
of bronze or other incombustible materi-
als and attached to the surface of a build-
ing.
§ 6-112
NOR'PH PALM BEACH CODE
(I) Signs incorporated into machinery or equip-
ment by a manufacturer or distributor,
which identify or advertise only the prod-
uct or service dispensed by the machine or
equipment, such as signs customarily af-
fixed to newspaper racks, telephone booths,
and gasoline pumps.
(J) Advertising and identifying signs located
on taxicabs, buses, trailers, trucks, vehi-
cles or vehicle bumpers, subject to the
regulations of section 6-113(B)(23) of this
Code.
(K) Public warning signs to indicate the dan-
gers of trespassing, swimming, animals or
similar hazards.
(L) Works of art that do not constitute adver-
tising.
(4) Each banner must be located en-
tirely against the principal building
below the second story floor line (if
applicable) and be securely fastened
at each corner or edge.
(Ord. No. 24-93, § 2, 10-14-93; Ord. No. 25-2001,
§ 1, 8-23-O1; Ord. No. 2009-02, § 3, 1-22-09)
Sec. 6-113. Prohibited signs.
(A) Generally. It shall be unlawful to erect or
keep any sign not expressly authorized by, or
exempted from, this Code.
(B) Specifically. The following signs are ex-
pressly prohibited unless exempted by section
6-112 of this Code or expressly authorized by
section 6-114, or section 6-115 of this Code:
(1) Signs that are in violation of the building
code or electrical code adopted by the
(M) Signs carried by a person. village
(N) Religious displays.
(O) Temporary banners not exceeding thirty-
two (32) square feet within commercial
zoning districts upon written application
to and approval by the community devel-
opment department. The application shall
be accompanied by an administrative pro-
cessingfee established by the village coun-
cil. Temporary banners shall be limited as
follows:
(1) No single commercial parcel may
display a temporary banner for more
than sixty (60) days during, either
consecutive or alternate, during any
calendar year.
(2) No single commercial parcel shall
display more than one (1) temporary
banner at any given time, and all
banners must relate to a business
located within the parcel holding a
valid village business tax receipt.
(3) No banner may exceed thirty-two
(32) square feet in overall surface
area or ten (10) feet in height or
width. The materials used for the
banner must conform to industry
standards.
(2) Any sign that constitutes a safety hazard.
(3) Blank temporary signs.
(4) Signs with visible moving, revolving, or
rotating parts or visible mechanical move-
ment of any description or other apparent
visible movement achieved by electrical,
electronic, or mechanical means, except
for traditional barber poles.
(5) Signs with the optical illusion of move-
ment by means of a design that presents a
pattern capable of giving the illusion of
motion or changing of copy.
(6) Signs with lights or illuminations that
flash, move, rotate, scintillate, blink, flicker,
or vary in intensity or color.
(7) Outline neon lighting used on commer-
cially developed parcels for commercial
purposes.
(8) Signs, commonly referred to as wind signs,
consisting of one or more banners, flags,
pennants, ribbons, spinners, streamers or
captive balloons, or other objects or mate-
rial fastened in such a manner as to move
upon being subjected to pressure by wind.
Supp. No. 45 398.10
PLANNING AND DEVELOPMEN'P
ARTICLE I. IN GENERAL
Sec. 21-01. Comprehensive plan-Adoption.
Pursuant to the provisions of the "Local Gov-
ernment Comprehensive Planning and Land De-
velopment Regulation Act," F.S. section 163.161
et seq., the village hereby adopts the comprehen-
sive plan of the village. A copy of the comprehen-
sive plan of the village is attached to Ordinance
No. 23-89 and made a part thereof as exhibit A.
(Ord. No. 23-89, § 1, 11-9-89)
Editor's note-Ordinance No. 23-89, adopted Nov. 9,
1989, specifically amend this Code; hence, inclusion of § 1 as
§ 21-O1 was at the discretion of the editor. Exhibit A is not
printed herein, but is on file and available for reference in the
office of the village clerk.
§ 21-2
(d) Advice of planning commission. Prior to
considering an amendment to the comprehensive
plan of the village, the village council shall seek
the advice of the planning commission of the
village.
(Ord. No. 18-87, § 1, 11-12-87; Ord. No. 06-2001,
§ 2, 3-22-O1)
Editor's note-Ordinance No. 4-86, § 1, adopted April 24,
1986, repealed former § 21-1 which pertained to the intent to
proceed under state regulations and derived from Ord. No.
6-77, adopted April 28, 1977. Subsequently, § 1 of Ord. No.
18-87, adopted Nov. 12, 1987, purported to amend the Code by
adding thereto a new Ch. 41, §§ 41-1 41-4. For purposes of
classification the editor, at his discretion, has redesi~,mated the
substantive provisions of the ordinance as § 21-1.
Sec. 21-2. Filing fees and costs for volun-
tary annexation of land.
Sec. 21-1. Same-Filing fees and costs for
changes.
(a) Enactment and authority. Pursuant to F.S.
chapter 163, the village does hereby ordain and
enact into law these additional requirements for
amendments to the village comprehensive plan.
(a) Enactment and authority. Pursuant to F.S.
chapter 170, the village does hereby ordain and
enact into law these additional requirements for
annexation.
(b) Jurisdiction. These regulations shall gov-
ern all petitions to amend the village comprehen-
sive plan.
(c) Fees; application. All petitions to amend
the village comprehensive plan shall be done by
application to the village council. The application
to the village council may be made by any owner
of property located within the village. Such appli-
cation shall be filed with the building department
of the village, which shall transmit the same,
together with all legal descriptions, ownership
information, requested change to the comprehen-
sive plan, etc., to the village council. Any such
application must be accompanied by a filing fee of
three hundred dollars ($300.00) together with a
deposit of the estimated costs of the village in
processing the application. Upon the village de-
termining the actual costs, applicants shall pay
the balance, if any, in full of such costs including
advertising and cost of review by the village
engineer prior to final consideration of the appli-
cation. If the deposit exceeds actual costs, the
balance shall be refunded to applicant.
(b) Jurisdiction. These regulations shall gov-
ern all voluntary annexation of lands into the
corporate limits of North Palm Beach hereafter.
(c) Fees; application. All applications for vol-
untary annexation of land to the village shall be
done by application to the village council. The
application to the village council may be made by
any property owner of property contiguous to the
village. Such application shall be filed with the
building department of the village, which shall
transmit the same, together with all legal descrip-
tions, ownership information, etc., to the village
council. Any such application must be accompa-
nied by afiling fee of two hundred dollars ($200.00)
together with a deposit of the estimated costs of
the village in processing the application. Upon
the village determining the actual costs, appli-
cants shall pay the balance, if any, in full of such
costs including advertising and cost of review by
the village engineer prior to final consideration of
the application. If the deposit exceeds actual
costs, the balance shall be refunded to applicant.
Supp. No. 45 1345
§ 21-2
NOR'PH PALM BEACH CODE
(d) Advice of planning commission. Prior to
annexation, the village council shall seek the
advice of the planning commission of the village
as to the proposed annexation.
(Ord. No. 19-87, § 1, 11-12-87; Ord. No. 06-2001,
§ 3, 3-22-O1)
Editor's note-Section 1 of Ord. No. 19-87, adopted Nov.
12, 1987, purported to amend the Code by adding thereto a
new Ch. 40, §§ 40-1 40-4. For purposes of classification, the
editor, at his discretion, has redesi~,mated the substantive
provisions of the ordinance as § 21-2.
Sec. 21-3. Public notice requirements for de-
velopment applications and ap-
provals.
(a) Requirements. In addition to those require-
ments imposed by state law, public notice shall be
provided as set forth below:
Planning Commission/LPA/Zoning Board of Village Council
Adjustment
Mail* Newspaper* Post* Mail* Newspaper Post*
Rezoning 10 7 15 10 Statutory 15
notice for or-
dinance
adoption
Large-scale 10 7 15 10 Statutory 15
Comprehen- notice for or-
sive Plan dinance
Amendment adoption
Small-scale 10 7 15 10 Statutory 15
Comprehen- notice for or-
sive Plan dinance
Amendment adoption
Variance** 7 7 10 N/A N/A N/A
Planned Unit 10 7 15 10 Statutory 15
Development notice for or-
dinance
adoption
"1~umber of calendar days prior to date of public hearing.
'~ 'Phe notice requirements for variances shall include all variances relating to the zoning code (chapter 45), the dock and
waterway regulations (chapter 5), and the si~,m regulations (chapter 6).
(b) Mailing requirements.
(1) Contents. Unless otherwise required
herein, mail notice of a public hearing
shall contain the following information:
a. ~tle and substance of proposed or-
dinance or development order;
b. Mme, date and location of the public
hearing;
c. Location of the property affected by
the application with reference to the
nearest intersection of two (2) or
more streets;
d. Name, address and telephone num-
ber of the office where additional
information can be obtained; and
Location and times where proposed
ordinance or development order ap-
plication may be reviewed.
(2) All notices shall be provided by first-class
mail, unless otherwise required by com-
munity development director. Mail notice
shall be postmarked no later than the
minimum number of calendar days as
required in subsection (a) above.
(3) Mail for all privately initiated applica-
tions shall be provided to all property
owners of record, excluding property owned
by the applicant, within five hundred (500)
Supp. No. 45 1346
PLANNING AND DEVELOYMEN'P § 21-ll
feet of the property to which the develop- (b) Membership.
ment order application or amendment re-
lates. (1) Terms; vacancies; alternate members. The
(4) The list of property owners shall be de-
rived from the most recent official tax roll
of Palm Beach County. The applicant shall
provide an affidavit attesting to the com-
pleteness and accuracy of the property
owner's list.
(5) The applicant shall provide and mail all
required notices, and provide an affidavit
that notice was sent to all property own-
ers included in the property owner's list.
(c) Posting requirements.
(1) The applicant shall provide the signs,
subject to the criteria for size and con-
tents established by the community devel-
opment director.
(2) The applicant shall install the signs in a
workmanlike manner. All signs should be
installed so as to withstand normal weather
events.
(3) The applicant shall post one (1) sign per
five hundred (500) feet of lineal right-of-
way, with a minimum of one (1) sign per
frontage.
(4) The applicant shall provide, at least three
(3) days prior to the public hearing, a
photograph of the sign and an affidavit
attesting to the date of installation and
the number of signs.
(d) Newspaper requirements. The applicant shall
be responsible for all costs associated with news-
paper advertisements.
(Ord. No. 2009-16, § 2, 11-12-09)
Secs. 21-4-21-10. Reserved.
ARTICLE II. PLANNING COMMISSION''`
planning commission shall consist of five
(5) members who shall serve for two-year
terms and two (2) alternates who shall
serve for one-year terms. At the first ap-
pointment of members to the planning
commission, three (3) regular members
shall be appointed for a term of two (2)
years, two (2) regular members shall be
appointed for a term of one (1) year, and
thereafter each appointment shall be for
two-year terms. All terms shall take effect
on the first day of May of each year.
Alternate members of the commission shall
be appointed on the same day that regu-
lar members are appointed. The planning
commission shall consist of one (1) land
use planner or architect, one (1) architect,
one (1) civil engineer, one (1) person en-
gaged in business within the corporate
limits of the village, and a fifth member
who need not be engaged in any particu-
lar business or profession. All vacancies
on the planning commission shall be filled
within thirty (30) days so as to maintain
the composition of the commission as set
forth above. Alternate members of the
planning commission shall be appointed
as first alternate and second alternate
and shall serve in that order when neces-
sary. The members shall serve at the
pleasure of the village council.
(2) Chairman; quorum; compensation. The
members of the planning commission shall
elect a chairman from among its mem-
bers. The presence of three (3) or more
members shall constitute a quorum of the
planning commission. The members shall
serve without compensation.
Sec. 21-11. Composition; conduct generally.
(a) Created. A planning commission for the
village is hereby created.
*Editor's note-Article II, §§ 21-ll, 21-12, was included
at the editor's discretion, being derived from Ord. No. 6-77, § 2,
adopted April 28, 1977, and Ord. No. 4-78, § 2, enacted 1Vlar.
23, 1978. Section 1 of Ord. No. 4-78 repealed former § 21-1,
pertaining to the desi~,mation of the local planning agency,
derived from Ord. No. 9-76, § 1, adopted May 27, 1976.
Cross reference-Duties and powers of planning commis-
sion concerning appearance code, § 6-36.
State law reference-Local government comprehensive
planning and land development regulation act, F.S. § 163.3161
et seq.
Supp. No. 45 1347
§ 21-ll
NOR'PH PALM BEACH CODE
(c) Meetings. The planning commission shall
meet at least once each month on a date to be
determined by the planning commission.
(d) Powers, duties. The planning commission
shall have the following powers and duties:
(1) Perform any duties which lawfully may
be assigned to it by the village council.
(2) Perform any other duties which may be
assigned to it under this Code.
(3) The planning commission of the village is
hereby designated as the governmental
entity to act as the "local planning agen-
cy" in accordance with chapter 163, Flor-
ida Statutes.
(e) Removal. If a member of the advisory board
or a designated alternate of the board is absent
from three (3) regularly-scheduled meetings of
the board within any twelve (12) consecutive
month period without such absence being excused
by majority vote of the board, the chairman of the
board shall promptly notify the village council.
The council may thereafter declare the member's
office vacant and promptly fill such vacancy for
the unexpired term of office.
(Ord. No. 6-77, § 2, 4-28-77; Ord. No. 4-86, § 2,
4-24-86; Ord. No. 18-2001, § 5, 6-28-O1)
Sec. 21-12. Changes to zoning ordinances.
(a) The village council may amend or supple-
ment the regulations and districts fixed by any
zoning ordinance adopted pursuant to this act
(Local Government Comprehensive Planning and
Land Development Regulation Act) after referral
and recommendations of the planning commis-
sion. Proposed changes may be suggested by the
village council, by the planning commission, or by
the petition of the owners of fifty-one (51) percent
or more of the area involved in the proposed
change. In the latter case, the petitioners may be
required to assume the cost of public notice and
other costs incidental to the holding of public
hearings.
(b) The planning commission, regardless of the
source of the proposed change, shall hold a public
hearing or hearings thereon, with due public
notice, but shall in any case, if any change is to be
considered by the planning commission, submit in
writing its recommendations on the proposed
change to the village council for official action.
The village council shall hold a public hearing
thereon, with due public notice, if any change is to
be considered and shall then act on the proposed
change. If the recommendation of the planning
commission is adverse to the proposed change,
such change shall not become effective except by
an affirmative vote of a maj ority of the entire
membership of the village council, after due pub-
lic notice.
(Ord. No. 4-78, § 2, 3-23-78; Ord. No. 4-86, § 3,
4-24-86)
Secs. 21-13-21-20. Reserved.
ARTICLE III. BOARD OF ADJUSTMENT
Sec. 21-21. Composition; conduct generally.
(a) Created. Aboard of adjustment for the
village is hereby created.
(b) Membership; terms; alternates; compensa-
tion. The board of adjustment shall consist of five
(5) persons who shall serve for three-year terms
and two (2) alternates who shall serve for one-
year terms. At the first appointment of members
to the board of adjustment, two (2) regular mem-
bers shall be appointed for a term of three (3)
years, two (2) regular members shall be appointed
for a term of two (2) years, and one (1) regular
member shall be appointed for a term of one (1)
year. Thereafter, each appointment shall be for a
three-year term. All terms shall take effect on the
first day of May of each year. Alternate members
of the board of adjustment shall be appointed on
the same day that regular members are ap-
pointed. Alternate members of the board of ad-
justment shall be appointed as first alternate and
second alternate and shall serve in that order
when necessary. The members shall serve at the
pleasure of the village council. Members shall
serve without compensation. The board of adjust-
ment shall meet as often as the demand necessi-
tates.
(c) Powers, duties. The board of adjustment
shall have the following powers and duties:
(1) Appeals. To hear and decide appeals when
it is alleged that there is error in any
Supp. No. 45 1348
PLANNING AND DEVELOPMENP
order, requirement, decision or determi-
nation made by an administrative official
in the enforcement of any zoning ordi-
nance or regulation adopted pursuant to
this part.
(2) Variances:
To authorize upon appeal such vari-
ancefrom the terms of the ordinance
as will not be contrary to the public
interest when, owing to special con-
ditions, aliteral enforcement of the
provisions of the ordinance would
result in unnecessary and undue
hardship. In order to authorize any
variance from the terms of the ordi-
nance, the board of adjustment must
find:
That special conditions and cir-
cumstances exist which are pe-
culiar to the land, structure or
building involved and which are
not applicable to other lands,
structures or buildings in the
same zoning district;
2. That the special conditions and
circumstances do not result from
the actions of the applicant;
3. That granting the variance re-
quested will not confer on the
applicant any special privilege
that is denied by the ordinance
to other lands, buildings or
structures in the same zoning
district;
4. That literal interpretation of
the provisions of the subject
ordinance would deprive the ap-
plicant of rights commonly en-
joyed by other properties in the
same zoning district under the
terms of the ordinance and
would work unnecessary and
undue hardship on the appli-
cant;
5. That the variance granted is
the minimum variance that will
§ 21-21
make possible the reasonable
use of the land, building or struc-
ture;
6. That the grant of the variance
will be in harmony with the
general intent and purpose of
the ordinance and that such
variance will not be injurious to
the area involved or otherwise
detrimental to the public wel-
fare.
b. In granting any variance, the board
of adjustment may prescribe appro-
priate conditions and safeguards in
conformity with this part [chapter]
and any ordinance enacted under its
authority. Violation of such condi-
tions and safeguards, when made a
part of the terms under which the
variance is granted, shall be deemed
a violation of the ordinance.
c. The board of adjustment may pre-
scribe areasonable time limit within
which the action for which the vari-
ance is required shall be begun or
completed or both.
d. Under no circumstances, except as
permitted above, shall the board of
adjustment grant a variance to per-
mit ause not generally permitted in
the zoning district involved or any
use expressly or by implication pro-
hibited by the terms of the ordinance
in the zoning district. No nonconform-
ing use of neighboring lands, struc-
tures or buildings in the same zon-
ing district and no permitted use of
lands, structures or buildings in other
zoning districts shall be considered
grounds for the authorization of a
variance.
(d) Review of administrative orders. In exercis-
ing its powers, the board of adjustment may, upon
appeal and in conformity with provisions of this
[chapter], reverse or affirm, wholly or partly, or
may modify the order, requirement, decision or
determination made by an administrative official
in the enforcement of any zoning ordinance or
Supp. No. 45 1349
§ 21-21
NOR'PH PALM BEACH CODE
regulation adopted pursuant to this part, and
may make any necessary order, requirement, de-
cision or determination, and to that end shall
have all the powers of the officer from whom the
appeal is taken. The concurring vote of a majority
of all the members of the board shall be necessary
to reverse any order, requirement, decision or
determination of any such administrative official
or to decide in favor of the applicant on any
matter upon which the board is required to pass
under any such ordinance.
(e) Appeals to board from decision of adminis-
trative official. Appeals to the board of adjust-
ment may be taken by any person aggrieved or by
any officer, board or bureau of the governing body
affected by any decision of an administrative
official under any zoning ordinance enacted pur-
suant to this part. Such appeal shall be taken
within thirty (30) days after rendition of the
order, requirement, decision or determination ap-
pealed from by filing with the officer from whom
the appeal is taken and with the board of adjust-
ment anotice of appeal specifying the grounds
thereof. The appeal shall be in the form pre-
scribed by the rules of the board. The administra-
tive official from whom the appeal is taken shall,
upon notification of the filing of the appeal, forth-
with transmit to the board of adjustment all the
documents, plans, papers or other materials con-
stituting the record upon which the action ap-
pealed from was taken.
(f) Stay of work and proceedings on appeal. An
appeal to the board of adjustment stays all work
on the premises and all proceedings in further-
ance of the action appealed from, unless the
official from whom the appeal was taken shall
certify to the board of adjustment that, by reason
of facts stated in the certificate, a stay would
cause imminent peril to life or property. In such
case, proceedings or work shall not be stayed
except by a restraining order which may be granted
by the board of adjustment or by a court of record
on application, on notice to the officer from whom
the appeal is taken and on due cause shown.
(g) Hearing of appeals. The board of adjust-
ment shall fix a reasonable time for the hearing of
the appeal and decide the same within a reason-
able time. Public notice of all hearings shall be
provided as required by section 21-3 of this Code.
Upon the hearing, any party may appear in
person, by agent or by attorney. Appellants may
be required to assume such reasonable costs in
connection with appeals as may be determined by
the governing body through action in setting of
fees to be charged for appeals.
(h) Judicial review of decisions of board. Any
person or persons, jointly or severally, aggrieved
by any decision of the board of adjustment, or any
officer, department, board, commission or bureau
of the governing body, may apply to the circuit
court in the judicial circuit where the board of
adjustment is located for judicial relief within
thirty (30) days after rendition of the decision by
the board of adjustment. Such an appeal shall not
be a hearing de novo, but shall be limited to
appellate review of the record created before the
board of adjustment.
(Ord. No. 6-77, § 3, 4-28-77; Ord. No. 4-86, § 4,
4-24-86; Ord. No. 19-2004, § 1, 7-22-04; Ord. No.
2009-16, § 5, 11-12-09)
Secs. 21-22-21-40. Reserved.
ARTICLE IV. CONCURRENCY
MANAGEMENT''`
Sec. 21-41. Short title.
This article shall be known and may be cited as
"The Village of North Palm Beach Adequate Pub-
lic Facilities (Concurrency) Ordinance."
(Ord. No. 16-90, § lA, 6-28-90)
Sec. 21-42. Application.
This article shall apply to all developments in
the total incorporated area of the village.
(Ord. No. 16-90, § 1B, 6-28-90)
Sec. 21-43. Intent and purpose.
(a) Implementation of comprehensive plan. This
article is intended to implement and be consistent
with the village comprehensive plan, F.S. chapter
*Editor's note-Ordinance No. 16-90, adopted June 28,
1990, did not specifically amend this Code; hence, inclusion of
§§ 1 6 as Art. IV, §§ 21-41 21-46, was at the discretion of the
editor.
Supp. No. 45 1350
PLANNING AND DEVELOPMENP
163, and rule 9J-5, F.A.C., by ensuring that all
development in the village is served by adequate
public facilities.
(b) Establishment of management/monitoring
and regulatory program. This objective is accom-
plished by:
(1) Establishing a management and monitor-
ing system to evaluate and coordinate the
timing and provision of the necessary
public facilities to service development,
and
(2) Establishing a regulatory program that
ensures that each public facility is avail-
able to serve development concurrent with
the impacts of development on the public
facilities, or that development orders are
conditioned on the availability of public
facilities to serve the development concur-
rent with the impacts of development on
the public facilities.
(c) Minimum requirements. The provisions of
this article in their interpretation and application
are declared to be the minimum requirements
necessary to accomplish the stated intent, pur-
poses, and objectives of this article.
(Ord. No. 16-90, § 2, 6-28-90)
Cross reference-Adoption of comprehensive plan, § 21-
01.
Sec. 21-44. Definitions.
[The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:]
Adequate public facilities determination means
a determination approved by the director of com-
munity development, pursuant to the terms of
this article, that serves as a conditional statement
that, based upon existing public facility capacity
and planned public facility capacity, adequate
public facilities are thought to be available to
serve development at the time of the approval of
the adequate public facilities determination. A
subsequent application for a development permit
for development that has been approved based
upon adequate public facilities determination shall
§ 21-44
be required to receive a new adequate public
facilities determination, or certificate of concur-
rency reservation, whichever is appropriate.
Application for development permit means an
application submitted to North Palm Beach re-
questing the approval of a development permit.
Capital improvement element means the capi-
talimprovement element of the North Palm Beach
comprehensive plan adopted November 9, 1989
pursuant to F.S. chapter 163.
Capital recreation and open space facilities
means the planning of, engineering for, acquisi-
tion of land for, or construction of buildings and
park equipment necessary to LOS for capital
recreation and open space facilities.
Capital road facilities means the planning of,
engineering for, acquisition of land for, or construc-
tion of roads on the major road network system
necessary to meet the LOS for capital road facil-
ities.
Capital potable water facilities means the plan-
ning of, engineering for, acquisition of land for, or
construction of potable water facilities necessary
to meet the LOS for capital potable water facili-
ties.
Capital sanitary sewer facilities means the
planning of, engineering for, acquisition of land
for, or construction of sanitary sewer facilities
necessary to meet the LOS for capital sanitary
sewer facilities.
Capital solid waste facilities means the plan-
ning of, engineering for, acquisition of land for, or
construction of solid waste facilities necessary to
meet the LOS for capital solid waste facilities.
Capital storm drainage facilities means the
planning of, engineering for, acquisition of land
for, or construction of storm drainage facilities
necessary to meet the LOS for capital storm
drainage facilities.
Certificate of concurrency reservation means a
certificate approved by the director of community
development pursuant to the terms of this article
that constitutes proof of adequate public facilities
to serve the proposed development. A subsequent
application for a development permit for develop-
Supp. No. 45 1350.1
§ 21-44
NOR'PH PALM BEACH CODE
ment for which a certificate of concurrency reser-
vation has been approved, shall be determined to
have adequate public facilities as long as the
development order for which the certificate of
concurrency reservation was approved has not
expired, and the development is not altered to
increase the impact of development on public
facilities.
Comprehensive plan means a plan that meets
the requirements of F.S. sections 163.3177 and
163.3178, and shall mean the Village of North
Palm Beach Comprehensive Plan, as amended,
where referenced in this article.
Conditional certificate of concurrency reserva-
tion means an application for a certificate of
concurrency reservation considered in conjunc-
tion with a development agreement that is condi-
tionally approved by the building official pursu-
ant to the terms of this article as a conditional
certificate of concurrency reservation. A condi-
tional certificate of concurrency reservation shall
be approved, if it is demonstrated that:
(1) Existing available public facility capacity
up to an amount sufficient to serve the
proposed development has been reserved;
(2) There is reasonable likelihood that the
balance of the public facility capacity
needed for the proposed development can
be provided pursuant to a development
agreement; and
(3) A request has been made for consider-
ation and approval of a development agree-
ment concurrent with the application for
development permit to accommodate the
balance of public facility capacity needs
for the proposed development.
Developer means any person, including a gov-
ernment agency, undertaking any development as
defined in this article.
Development has the meaning given it in F.S.
chapter 380.
Development agreement means an agreement
entered into between a local government and a
person associated with the development of land,
including, but not limited to, development agree-
menu pursuant to F.S. chapter 163, or an agree-
ment on a development order issued pursuant to
F.S. chapter 380.
Supp. No. 45 1350.2
APPENDIX C 'CONING
§ 45-~5.1
10. Any tract of land for which a planned hazardous or inconvenient to the
unit development is made shall con- neighborhood nor conflict with the
tain sufficient width, depth and front- normal traffic of the neighborhood.
age on a public dedicated arterial or In applying this standard, the com-
major street or appropriate access mission shall consider, among other
which will accommodate the pro- things: convenient routes for pedes-
posed use and design. trian traffic, particularly of children;
11. In the event any building or strut- the relationship of the proposed
ture built under this section is de- project to main traffic thoroughfares
stroyed or removed by or for any and to street and road intersections;
cause, said building or structure, if and, the general character and inten-
replaced, shall be replaced with a sity of the existing and potential
building or structure of similar size development of the neighborhood. In
and type not exceeding the dimen- addition, where appropriate, the com-
sions of the original building or strut- mission shall determine that noise,
ture. The developer shall include the vibration, odor, light, glare, heat, elec-
appropriate deed restrictions and/or tromagnetic or radioactive radia-
covenants so as to require replace- tion, or other external effects, from
ment as outlined above. any source whatsoever which is con-
III. Referral to planning commission. The vil- netted with the proposed use, will
lage council shall refer each application fora not have a detrimental effect upon
planned unit development to the planning tom- neighboring property or the neigh-
mission for study and recommendation. boring area in general.
IV. Action of planning committee [commis- 3. The location and height of buildings,
sion. J the location, nature and height of
A. After a study of an application for a planned walls and fences, and the nature and
unit development and the required public extent of landscaping of the site shall
hearing
the planning commission shall be such that they will not hinder or
,
make a recommendation to the village discourage the proper development
council to approve, approve as modified, and use of adjacent land and build-
or reject the application based upon the ings nor impair the value thereof.
following standards: 4. The standards of density and re-
l. The proposed use or uses shall be of quired open space in the proposed
such location, size and character as project are at least equal to those
to be in harmony with the appropri- required by this ordinance in the
ate and orderly development of the zoning district in which the proposed
zoning district in which situated and project is to be located.
shall not be detrimental to the or-
derly development of adjacent zon- 5. There shall be no uses within the
ing districts. proposed project which are not per-
mitted uses in the zoning district in
2. The location and size of the proposed which the proposed project is to be
use or uses, the nature and intensity located.
of the principal use and all accessory
uses, the site layout and its relation Exception: A mixed use occupancy may be
to streets giving access to it, shall be allowed if the existing zoning district us-
such that traffic to and from the use age is commercial. The mixed usage occu-
or uses, and the assembly of persons panty shall only be residential and mer-
in connection therewith, will not be cantile or residential and business.
Supp. No. 45 2510.1
§ 45-~5.1
NOR'PH PALM BEACH CODE
B. The commission may recommend such
changes or modifications in the proposed
plan as are needed to achieve conformity
to the standards as herein specified. The
reasons for the changes or modifications
shall be included in the recommendation.
C. The commission shall not recommend the
project unless it finds that all of the
standards as herein specified have been
met. If there are minor modifications to
the provisions of this chapter, the commis-
sion may recommend its approval at the
same time. It shall also, where it deems
appropriate and necessary, recommend to
the village council those conditions to be
imposed upon the project, its operation, or
both, that are needed to assure adherence
to the aforesaid standards.
V. Action of village council. The village council,
upon the receipt from the planning commission of
the report on the planned unit development and
the minor modifications to the provisions of this
chapter may, after the required public hearing,
approve or reject such project and modifications,
incorporating with an approval such conditions as
the council deems appropriate. The approval shall
be by ordinance.
VI. Effect of approval of village council. The
approval of the application by the village council
shall allow the building official to issue a building
permit in conformity with the application as ap-
proved. This permit shall specify with particular-
ity the exact modifications to the provisions of
this chapter which have been approved. The holder
of this permit may then proceed with his project
in conformity with said permit. No deviations
from the conditions of the permit shall be allowed
except those which shall be in conformity with the
basic provisions of this ordinance as they apply to
the zoning district in which the project is located.
VII. Public notice. Public notice of all hearings
conducted in accordance with this section shall be
provided as required by section 21-3 of the village
Code.
(Ord. No. 23-79, § 1, 10-25-79; Ord. No. 16-87, § 1,
10-22-87; Ord. No. 2006-05, § 1, 4-13-06; Ord. No.
2009-16, § 6, 11-12-09)
Sec. 45-35.2. C-OS conservation and open
space district.
A. Intent. The intent of this section is to pro-
vide for land uses and activities within land areas
designated for the primary purpose of conserving
or protecting natural resources of environmental
quality.
B. Uses permitted. Within any part of the
C-OS conservation and open space district, no
building, structure, land or water shall be used,
except for one or more of the following uses:
1. Passive recreation.
2. Flood control.
3. Protection of quality or quantity of ground
water or surface water.
4. Floodplain management.
5. Fisheries management.
6. Protection of vegetative community or wild-
life habitats.
7. Residential and administrative buildings
for the protection of the C-OS district.
8. Single-family dwellings with accessory
buildings customarily incident thereto.
a. Building height regulations. No main
building shall exceed two (2) stories
in height and no accessory building
more than one (1) story.
b. Building site area regulations. The
minimum lot or building site for each
single family dwelling shall be one
(1) acre of upland area and have at
least one (1) lot dimension, width or
length, of a minimum of one hun-
dred fifty (150) feet.
c. Yard space regulation. No building
or portion thereof shall occupy a
position fifty (50) feet or less from
the upland/wetland boundary of the
property.
Supp. No. 45 2510.2
APPENDIX C 'CONING
C. Coastal zone protection. The Village of North
Palm Beach adopts, by reference, the Palm Beach
County Coastal Protection Ordinance No. 90-2 in
its entirety.
(Ord. No. 20-90, § 2, 6-28-90; Ord. No. 25-90, § 1,
6-28-90; Ord. No. 24-91, § 1, 7-11-91)
Sec. 45-35.3. Northlake Boulevard Overlay
Zoning District (NBOZ).
Article 1 Established.
The Northlake Boulevard Overlay Zoning Dis-
trict (NBOZ) shall consist of that portion of real
properties within the village that front upon or
are adjacent to Northlake Boulevard as indicated
on the official zoning map.
Article 2 Consistency With Comprehensive
Land Use Plan
§ 45-~5.~
Supp. No. 45 2510.2.1
APPENDIX C 'CONING
section to review the completed ap-
plication and accompanying submit-
tals. After completing the review of
the application and fulfilling the pub-
lic notice and hearing requirements
set forth above, the planning com-
mission shall take one of the follow-
ing actions:
i. Grant the certificate of appro-
priateness with an immediate
effective date;
ii. Grant the certificate of appro-
priateness with special modifi-
cations and conditions; or
iii. Deny the certificate of appropri-
ateness.
g. The planning commission shall make
written findings and conclusions that
specifically relate the criteria for
granting certificates of appropriate-
ness. All parties shall be given the
opportunity to present evidence
through documents, exhibits, testi-
mony, or other means. All parties
shall be given the opportunity to
rebut evidence through cross-exam-
ination or other means.
h. The department shall record and keep
records of all meetings. The records
shall include the vote, absence, or
abstention of each member upon each
question, all official actions of the
planning commission, and the find-
ings and conclusions of the planning
commission. All records shall be filed
in the department.
i. Any person aggrieved by a decision
reached by the planning commission
may appeal the decision to the vil-
lage council.
j. No work for which a certificate of
appropriateness is required may be
undertaken unless a certificate of
appropriateness authorizing the work
is conspicuously posted on the prop-
erty where the work is to be per-
formed.
(Ord. No. 24-90, § 1, 6-28-90)
Cross reference-Alcoholic beverages, Ch. 3.
Secs. 45-38, 45-39. Reserved.
ARTICLES IV, V. RESERVED''`
Secs. 45-40-45-48. Reserved.
~~' 45-49
ARTICLE VI. AMENDMENTS-FEES;
WAITING PERIODS
Sec. 45-49. Applications for rezoning, etc.
(1) All applications for rezoning and all appli-
cations to amend, supplement, modify or repeal
the boundaries, districts, regulations or restric-
tions established by this chapter shall be done by
application to the planning commission of the
village. The application to the planning commis-
sion may be made by any property owner or
tenant or by a governmental office, department,
board or bureau. Such applications shall be filed
with the community development department of
the village, which shall transmit the same, to-
gether with all the plans, specifications, applica-
tion blank and other papers pertaining to the
application, to the planning commission. Any such
application, except by a governmental agency,
must be accompanied by a filing fee of three
hundred dollars ($300.00) together with a deposit
of the estimated cost of the village processing the
application. Upon the village determining the
actual costs, applicants shall pay the balance, if
any, in full of such costs including advertising
prior to final consideration of the application. If
the deposit exceeds actual costs, the balance shall
be refunded to applicant.
*Editor's note-Ordinance No. 6-77, § 6, adopted April
28, 1977, repealed Art. IV, §§ 45-40 45-43, and Art. V,
§§ 45-44 45-48, of App. C, which articles pertained to the
zoning board of adjustment and the planning and zoning
advisory board, both of which articles derived unchanged from
the original zoning ordinance. For provisions concerning the
planning commission and the board of adjustment, see Ch. 21,
Arts. II and III.
Supp. No. 45 2515
§ 45-49 NOR'PH PALM BEACH CODE
(2) All applications to the planning commis- [Secs. 45-51-45-59. Reserved.]
Sion concerning rezoning shall be upon forms to
be supplied by the community development de-
partment. [ARTICLE VII. NONCONFORMING USES
OF LAND AND STRUCTURES]
(3) Whenever, after review, investigation and
hearing, any application for a change of district
classification has been denied, an application for
a like change cannot be reinstated for a period of
at least one (1) year after said denial.
(4) Public notice of all hearings shall be pro-
vided as required by section 21-3 of the village
Code.
(Ord. No. 15-78, § 1, 6-8-78; Ord. No. 06-2001, § 7,
3-22-O1; Ord. No. 2009-16, § 7, 11-12-09)
Editor's note-A copy of the forms to be used are attached
to Ord. No. 185-68 as exhibit 1, from which ordinance section
45-49 was derived.
Sec. 45-50. Application for variances.
(1) All applications for variances to regula-
tions or restrictions established by this ordinance
shall be done by application to the board of
adjustment of the village. The application to the
board of adjustment may be made by any prop-
erty owner or tenant or by a governmental office,
department, board or bureau. Such applications
shall be filed with the community development
director of the village, who shall transmit the
same, together with all the plans, specifications,
application blank and other papers pertaining to
the application, to the board of adjustment. Any
such application, except by a governmental agency,
must be accompanied by a filing fee of two hun-
dred dollars ($200.00).
Sec. 45-60. Intent.
(1) Within the districts established by this
ordinance, or amendments that may later be
adopted, there exist lots, structures, uses of land
and structures and characteristics of use which
were lawful before this ordinance was passed or
amended, but which would be prohibited, regu-
lated, or restricted under the terms of this ordi-
nance or future amendments.
(2) It is the intent of this ordinance to permit
these nonconformities to continue until they are
removed, but not to encourage their continuation.
Such uses are declared by this ordinance to be
incompatible with permitted uses in the district
involved. It is further the intent of this ordinance
that nonconformities shall not be enlarged upon,
expanded or extended, nor be used as grounds for
adding other structures or uses prohibited else-
where in the same district.
(Ord. No. 12-75, § 1, 9-11-75)
Sec. 45-61. Extension and enlargement.
(1) A nonconforming use of a structure, a non-
conforming use of land, or a nonconforming use of
structure and land shall not be extended or en-
larged after passage of this ordinance by attach-
ment on a building or premises of additional signs
intended to be seen from off the premises, or by
the addition of other uses of a nature which would
be prohibited generally in the district involved.
(2) All applications to the board of adjustment
concerning variances shall be upon forms to be
supplied by the community development depart-
ment.
(3) Public notice of all hearings shall be pro-
vided as required by section 21-3 of the village
Code.
(Ord. No. 6-77, § 4, 4-28-77; Ord. No. 06-2001, § 8,
3-22-O1; Ord. No. 2009-16, § 7, 11-12-09)
Editor's note-A copy of the forms to be used are attached
to ordinance No. 186-68, as Exhibit 1, from which ordinance
section 45-50 was derived.
(2) To avoid undue hardship, nothing in this
ordinance shall be deemed to require a change in
the plans, construction, or designated use of any
building on which actual construction was law-
fully begun prior to the effective date of adoption
or amendment of this ordinance and upon which
actual building construction has been diligently
carried on. Actual construction is hereby defined
to include the placing of construction materials in
permanent position and fastened in a permanent
manner. Except that where demolition or removal
of an existing building has been substantially
Supp. No. 45 2516
APPENDIX C 'CONING
begun preparatory to rebuilding, such demolition
or removal shall be deemed to be actual construc-
tion, provided that work shall be diligently car-
ried on until completion of the building involved.
(Ord. No. 12-75, § 1, 9-11-75)
Sec. 45-62. Nonconforming lots of record.
(1) In any district in which single-family dwell-
ings are permitted, notwithstanding limitations
imposed by other provisions of this ordinance, a
single-family dwelling and customary accessory
buildings may be erected on any single lot of
§ 45-62
Supp. No. 45 2516.1
CODE COMYARA'P1VE 'FABLE
Adoption Section
Ord. No. Date Section this Code
8 19-221
9 29-5(a)
10 App. C, § 45-20(9),
(10)
11 App. C, § 45-36 Q(5)
2007- 01 1-11-07 2 Added 21-48
2007- 03 2- 8-07 2 6-17
2007- 10 4-12-07 1 2-52(a)
2 2-54(3)
2007- 13 7-12-07 1, 2 2-1
2007- 16 10-25-07 2 Added App. C, § 45-16.1
2007- 17 10-25-07 2 Added 2-166(1)d.
2007- 19 12-13-07 2,7 18-34
3 2-173
2007- 20 12-13-07 2 Rpld 9-16 9-21
3 9-16 9-19
2007- 21 12-13-07 2 14-30(2)
2008- O1 1-10-08 2 6-ll5(F)
2008- 02 1-10-08 2 2-148
2008- 03 1-24-08 2 10-5
Dltd 10-6 10-8
Ruud 10-9
as 10-6
Dltd 10-10
Ruud 10-13
as 10-7
4 Rpld 10-58 10-64
3 10-76
Rpld 10-77
2008- 04 1-24-08 2 5-83
5-85
2008- 06 2-28-08 2 Added 19-11
2008- 07 4-10-08 2 36-23
2008- 09 8-28-08 App. D
2008- 15 10-23-08 2 Rpld 14-37 14-52
3 Rpld 14-79 14-83
Added 14-79 14-83
2008- 16 10-23-08 2 14-30
2008- 17 11-13-08 2 2-4
2008- 18 11-13-08 2 5 2-159 2-162
2009- 01 1- 8-09 2 Added 14-31
2009- 02 1-22-09 2, 3 6-111, 6-112
4 6-114
6 6-115
2009- 03 1-22-09 2 9-17(a)
2009- 04 4-23-09 2 App. C, § 45-2
3 App. C, § 45-19 D.
4 App. C, § 45-27 A.l.
Added App. C, § 45-27 F.
2009- 05 5-14-09 2 Added 15-ll 15-18
2009- 006 6-11-09 2 4-27, 4-28
4-31, 4-32
2009- 07 7-23-09 2 17-33
2009- 09 7-23-09 2 14-79
2009- 11 9-10-2009 2 Added 2-251 2-256
2009- 15 9-24-2009 2 12-16, 12-17
Added 12-18
Supp. No. 45 2891
NOR'PH PALM BEACH CODE
Adoption Section
Ord. No. Date Section this Code
2009-16 11-12-09 2 21-~
3 5-86
4 6-lll(E)(3), (4)
5 21-21(g)
6 App. C, § 45-35.1.VII
7 App. C, §§ 45-49,
45-50
('Phe next page is 29331
Supp. No. 45 2892
CODE INDEX
Section Section
MO'POR VEHICLES AND 'TRAFFIC NUISANCES (Cont'd.)
(font' d.) Definitions ........................ 14-79
Vehicular operation Notice of public nuisance; right to
Speed limits request hearing .............. 14-81
Generally ...................... 18-16 Uses or activities constituting apub-
Weight limitations on certain roads . 18-18 lic nuisance .................. 14-80
Animals creating nuisances........... 4-12
MUSICAL INS'PRUMEN'PS False alarms
Noise control ........................ 19-104 Excessive false alarms declared pub-
lic nuisance .................. 19-212
N Rabid animals declared nuisance...... 4-42
NOISE NUMBER
Animal noises ....................... 19-107 Definitions and rules of construction .. 1-2
Buildings, premises or property
Noise from ........................ 19-102 ~
Code enforcement board, applicability
re .............................. 2-173 OATH, AFFIRMA'PION, SWEAR OR
Conduct, noisy and boisterous ........ 19-106 SWORN
Construction activity, permissible time Administrative code, provisions re oaths
for ............................. 19-111 of office ........................ 2-41
Definitions .......................... 19-99 Definitions and rules of construction .. 1-2
Electronic audio equipment........... 19-104 General employees retirement board;
Enforcement oaths of office ................... 2-154
Authority ......................... 19-116 Reserve police force; oath required .... 23-47
Procedure
All other noises ................. 19-117(b) OBSCENPPY. See: INDECENCY AND OB-
1Vlotor vehicle noise enforcement, SCENPPY
operating .................. 19-117(x) OBS'PRUC'PIONS
Engine exhaust ...................... 19-108 Passageways,obstructing............. 19-47
Exemptions ......................... 19-120
Fixed mechanical equipment.......... 19-112 OFFENSES
Horns and si~,mal devices ............. 19-103 Definitions .......................... 19-1
Loading, unloading and unpacking.... 19-110 Enumerated ......................... 19-3 et seq.
Loudspeakers and devices for advertis- See also specific offenses as indexed
ing ............................. 19-105 State misdemeanors adopted ......... 19-2
Measurement procedure .............. 19-113
Musical instruments .................
19-104 OFFICERS AND E1VIYLOYEES
Noise control measurement standards Administrative code .................. 2-39 et seq.
other than motor vehicle noise star- See: ADMINIS'PRA'PIVE CODE
dards .......................... 19-118 Definitions and rules of construction .. 1-2
Noise control colic
l y .................. 19-100 Elections ............................ 10-1 et seq.
Periods of observation ................
19-114 See: ELEC'PIONS
Finance director ..................... 2-59
Radios .............................. 19-104
Golf advisory board .................. 9-16 et seq.
Special permits excepted ............. 19-119
Sce: GOLF ADVISORY BOARD
Unnecessary, excessive or offensive noise
Impersonating village ofFicial ......... 19-8
Unlawful to make ................. 19-101
Llbrarlan
2-93
Vehicle defect or condition of load 19-109 ............................
..... 1Vla or
y .............................. 2-18, 8-16
Voluntary compliance ................ 19-115 Pensions and retirement. See also that
NUDPPY subject
'fogless costumes prohibited .......... 19-64 Length of service award plan for vol-
unteer firefighters ............ 2-170 et seq.
NUISANCES Pension and certain other benefits
Abandoned real property ............. 15-11 et seq. for fire and police employees .. 2-159 et seq.
See: YROYER'PY Pension and certain other benefits
Abatement of public nuisances on pri- for general employees......... 2-146 et seq.
vate property Social security .................... 2-136 et seq.
Abatement of public nuisance ...... 14-82 Public safety director ................. 2-75
Assessment of costs and imposition Public works director ................. 2-84
of lien ....................... 14-83 Recreation director................... 2-110
Supp. No. 45 2947
NOR'PH PALM BEACH CODE
Section Section
OFFICERS AND EMPLOYEES (Confd.) PARKS, PLAYGROUNDS AND RECRE-
Social security ....................... 2-136 et seq. A'PION (Confd.)
See: SOCIAL SEGURI'PY Golf advisory board .................. 9-16 et seq.
Village clerk and deputy village clerk.. 2-67 et seq. See: GOLF ADVISORY BOARD
See: DOGUMEN'PS AND PUBLIC Hours regulated ..................... 20-1
RECORDS Meetings and gatherings
Village manager ..................... 2-115 et seq. Liability for loss or injury.......... 20-23
See: VILLAGE MANAGER Permit
Appeal from refusal to issue ..... 20-35
OFFICIAL 'PI1V1E Application ..................... 20-33
Definitions and rules of construction .. 1-2
Form ..........................
20-32
OPEN SPACES. See: YARDS AND OPEN Issuance standards ............. 20-34
SPACES Required ....................... 20-31
Revocation ..................... 20-36
OK, AND Rules and regulations, permittee
Definitions and rules of construction .. 1-2 bound b
y .................... 20-22
Property used to violate provisions, con-
ORDINANCES. See: CODE OF ORDI-
fiscation of ..................... 20-9
NANCES
Recreation advisory board
OWNER Created ........................... 20-61
Definitions and rules of construction .. 1-2 Duties ............................ 20-66
Meetings ......................... 20-65
P OfFicers' quorum, compensation..... 20-64
Removal .......................... 20-63
PALM BEACH COUN'PY. See: COUN'PY 'Perms ............................ 20-62(b)
Vacancies ......................... 20-62(c)
YAKKING Restrooms, failure to cooperate in keep-
Boat launching area in r neat or sanitar
~' y ~ ~ ~ 20-2
Vehicle/trailer parking in desi~,mated 'I~aff`ic
areas ........................ 5-35 Enforcement of traffic regulations .. 20-5(2)
Landscaping, provisions re off-street Operation confined to roads ........ 20-5(5)
parking ........................ 27-38, 27-59 Parking areas desi~,mated.......... 20-5(6)
et seq. Sidms ............................. 20-5(3)
Sce: LANDSCAPING Speed of vehicles .................. 20-5(4)
YarkS; desi~,mated parking areas ...... 20-5(6) State motor vehicle laws ........... 20-5(1)
Stopping, standing and parking....... 18-34 et seq. 'Dees
See: MO'POR VEHICLESAND'PRAF- Climbing trees, etc ................. 20-4
FIC Use b public onl
y l y ~ ~ ~ ~ ~ ~ ~ ~ ~ 20-1
Zoning, provisions re off-street parking 45-27 et seq.
See: 'CONING (Appendix C1 YENAL'PIES. See: FINES, FORFEI'PURES
AND O'PHER YENAL'PIES
PARKS, PLAYGROUNDS AND RECRE-
A'PION PENSIONS AND RE'PIREIVIEN'P
Alcoholic beverages IC1V1A defined contribution pension plan
Consumption on playgrounds and Administrative services agreement
public parks ................. 3-3 and adoption agreements ..... 2-170.14
Bicycles Creation .......................... 2-170.12
Operation in safe manner, etc....... 20-6(2) Effective date ..................... 2-170.15
Operation prohibited in certain ar- Vesting period ..................... 2-170.13
eas .......................... 20-6(1) Length of service award plan for volun-
Boat launching areas teer firefighters
Vehicle/trailer parking in desi~,mated Benefit formula ................... 2-170.6
areas ........................ 5-35 Contact person.................... 2-170.10
Buildings or structure, erecting ....... 20-3 Effective date ..................... 2-170.3
Department of recreation Eligibility ......................... 2-170.4
Director's duties Entitlement age ................... 2-170.5
Conduct community activity ..... 2-110(2) Ylan, name of ..................... 2-170.2
Supervise recreation areas....... 2-110(1) Point system ...................... 2-170.11
Ejectment of violators ................ 20-8 Yreretirement death benefit........ 2-170.7
Enforcement of provisions, responsibil- Purpose .......................... 2-170
ity ............................. 20-7 Sponsor, name of.................. 2-170.1
Supp. No. 45 2948
CODE INDEX
Section Section
YENSIONSAND RE'PIREMENP (Cont'd.) YENSIONSAND RE'PIREMENP (Cont'd.)
'I~ustee and contact person......... 2-170.10 Refund of contribution .......... 2-148(8)
Vesting provisions, schedule of ..... 2-170.8 Retirement benefit .............. 2-148(b)
Village contributions ............... 2-170.9 Retirement date ................ 2-148(x)
Pension and certain other benefits for 'Permination of employment...... 2-148(f7
fire and police employees Benefit plan no. 2, optional (cost of
Benefit amounts living adjustment)............ 2-158.1
Cost of living ................... 2-161(8) Benefit plan, optional
Disability retirement............ 2-161(e) Applicability to employees ....... 2-158(x)
Early retirement ................ 2-161(b) Member contributions
Formula ....................... 2-161(c) Amount...................... 2-158(d)(1)
Limitation on ................... 2-161Qi) Duration..................... 2-158(d)(2)
Normal retirement benefit....... 2-161(x) Interest ...................... 2-158(d)(3)
Yreretirement death ............ 2-161(d) Retirement benefit .............. 2-158(c)
'Permination benefits and vesting. 2-161(f7 Retirement date ................ 2-158(b)
Board of trustees Definitions ........................ 2-146
Bring and defend lawsuits Discharged members .............. 2-156(x)
Powers ...................... 2-164(e) Incompetents ..................... 2-156(d)
Composition .................... 2-164(x) Membership
Forfeiture of membership onboard Application for membership ..... 2-147(b)
for absenteeism............ 2-164(b) Change in desi~,mation of benefi-
1Vleetings ....................... 2-164(d) ciary...................... 2-147(c)
Power and authority ............ 2-166 Conditions of eli~,ribility.......... 2-147(x)
Reports and records ............. 2-164(c) Nonassi~,mability .................. 2-156(b)
Contributions Normal and optional forms of bene-
Employer ...................... 2-163(c) fits.......................... 2-149
Forfeitures ..................... 2-163(d) Pension validity................... 2-156(c)
Member ........................ 2-163(x) Repeal or termination of system.... 2-155
State ........................... 2-163(b) Retirement board
Definitions ........................ 2-159 Additional rules and regulations
Direct transfers of eligible rollover authorized ................ 2-152
distribution .................. 2-170 Established..................... 2-151
Discharged members .............. 2-169(x) Investing funds; custodian of secu-
False, misleading statements made rities ...................... 2-153
to obtain retirement benefits Oaths of ofFice; meetings; quorum 2-154
prohibited ................... 2-169(f7 Social security....................... 2-136 et seq.
Incompetents ..................... 2-169(d) See: SOCIAL SECURPPY
Insurers, tax on ................... 2-167 Volunteer firefighters, length of service
Membership award plan for. See herein: Length
Application for membership ..... 2-160(b) of Service Award Ylan for Volun-
Buy-back of previous service..... 2-160(d) teer Firefighters
Changes in desi~,mation of benefi-
ciary ...................... 2-160(c) YERMPPS. See: LICENSES AND YER-
Conditions of eli~,ribility.......... 2-160(x) MPPS
Nonassi~
mability .................. 2-169(b)
,
Number and gender ............... 2-169(e) PERSON
Optional forms of benefits.......... 2-162 Definitions and rules of construction .. 1-2
Pension validity ................... 2-169(c) PIERS
Prior service ...................... 2-165 Docks and piers, construction require-
Repeal or termination of plan ...... 2-168 ments re ....................... 5-81 et seq.
'Pax on insurers ................... 2-167 See: BOA'PS, DOCKS AND WA'PER-
Yension and certain other benefits for WAYS
general employees
Bargaining unit employees ......... 2-156(e) PLANNING AND DEVELOYIVIENP
Benefit amounts and eligibility Appearance plan (Appendix A). See that
Direct transfers of eligible rollover subject
distribution ............... 2-157 Archaeolo~,rical site protection regula-
Early retirement ................ 2-148(d) tions........................... 21-101 et seq.
Late retirement ................. 2-148(c) See: ARCHAEOLOGICAL SPPE YRO-
Yreretirement death ............ 2-148(e) 'PEC'PION
Supp. No. 45 2949
NOR'PH PALM BEACH CODE
Section Section
PLANNING AND DEVELOYMENP PLANNING AND DEVELOYMENP
(font' d.) (font' d. )
Board of adjustment Public facility adequacy, review to
Composition; conduct generally determine ................. 21-47(c)
Administrative orders, review of . 21-21(d) Short title ........................ 21-41
Created ........................ 21-21(a) Filing fees and costs for voluntary an-
Decision of administrative ofFicial, vexation of land
appeals to board from ...... 21-21(e) Enactment and authority .......... 21-2(a)
Hearing of appeals .............. 21-21(g) Fees: application .................. 21-2(c)
Judicial review of decisions of board 21-21(h) Jurisdiction ....................... 21-2(b)
Membership; terms; alternate; com- Planning commission, advice of..... 21-2(d)
pensation ................. 21-21(b) Public notice requirements for develop-
Yowers and duties .............. 21-21(c) went applications and approvals
Stay of work and proceedings on Generally ......................... 21-3(a)
appeal .................... 21-21(f7 Mailing requirements.............. 21-3(b)
Community development department Newspaper requirements .......... 21-3(d)
Planning division .................. 2-112(3) Posting requirements.............. 21-3(c)
Comprehensive plan Stormwater management ............. 21-61 et seq.
Adoption .......................... 21-O1 See: S'PORMWA'PER MANAGE-
Filing fees and costs for changes MEND
Enactment and authority........ 21-1(a) Subdivision regulations .............. 36-1 et seq.
Fee; application ................. 21-1(c) See: SUBDIVISIONS (Appendix B)
Jurisdiction .................... 21-1(b) 'Coning regulations ................... 45-1 et seq.
Planning commission, advise of .. 21-1(d) See: 'CONING (Appendix C)
Concurrency management
Adequate public facilities available PLANNING COMMISSION
to service development........ 21-45 Composition; conduct generally
Application ....................... 21-42
Created ...........................
21-11(a)
Definitions ........................ 21-44 Meetings ......................... 21-11(c)
Intent and purpose Membership ...................... 21-11(b)
Comprehensive plan, implementa-
Powers and duties .................
21-11(d)
tion of .................... 21-43(a) 'Coning ordinances, changes to ........ 21-12
ManagementJmonitoring and reg- YLA'PS. See: SURVEYS, 1V1AYS AND
ulatory program, establish- YLA'PS
went of ................... 21-43(b)
1Vlinimum requirements ......... 21-43(c) PLAYGROUNDS. See: PARKS, YLAY-
1Vlanagement and monitoring pro- GROUNDS AND RECREA'PION
gram POLICE
Amendments to CIE and annual Court cost
budget, recommendations on 21-46(c) Assessment of additional court costs
Annual public facilities update re- for criminal justice education
port ....................... 21-46(b) expenditures................. 1-9
Generally ...................... 21-46(a) Department of public safety, provisions
Proportionate fair-share program
re police division ................
2-76(b)
Applicability .................... 21-48(b) See: PUBLIC SAFE'PY DEYAR'P-
Application process ............. 21-48(e) 1V1ENP
Appropriation of fair-share reve- Fire division, provisions re police assis-
nues ...................... 21-48(i) tance
.......................... 12-43
Determining proportionate fair- Impersonating police ofFicer .......... 19-8
share obligation ........... 21-48(f7 Pension and certain other benefits for
General requirements ........... 21-48(c) fire and police employees ........ 2-159 et seq.
Impact fee credit for proportionate See: YENSIONSAND RE'PIREIVIENP
fair-share mitigation ....... 21-48(g) Reserve force
Intergovernmental coordination.. 21-48(d) Application for membership ........ 23-43
Proportionate fair-share agree- Compensation ..................... 23-50
ments ..................... 21-48(h) Created; purpose.................. 23-42
Purpose and intent ............. 21-48(a) Director of public safety, appoint-
Regulatory program went to serve by ............. 23-45
Exemptions .................... 21-47(b) Oath required..................... 23-47
Generally ...................... 21-47(a) Powers and duties................. 23-48
Supp. No. 45 2950
CODE INDEX
Section
POLICE (Cont'd.)
Reserve list to be maintained ...... 23-44
Resignation ....................... 2~-46
Uniforms and insi~,mia ............. 23-49
YOLEU'PION
Smoke, dust, odors, liquids, etc........ 19-9
Stormwater management provisions re
pollutant loads ................. 21-67
Waterways, pollution of .............. 5-13
Wellfield protection
Regulation of business activities with
potential to contaminate land
and water resources.......... 19-221
PRECEDING, FOLLOWING
Definitions and rules of construction .. 1-2
YROFANPPY
Vulgar language prohibited in public
places .......................... 19-65
Section
Supp. No. 45 2950.1
CODE INDEX
Section Section
'CONING (Appendix C) (Cont'd.) 'CONING (Appendix C) (Cont'd.)
Street numbers ................. 7-7 C-OS Conservation and Open Space
'Pemporary si~,ms ................ 7-4 District ...................... 45-3528)
Site plan elements ................. Art. 8 R-1 Single-Family Dwelling Districts 45-27(A)
Building orientation and place- R-2 1Vlultiple-Family Dwelling Dis-
ment ...................... 8-2 trict......................... 45-28(A)
General desi~,m ................. 8-1 R-3 Apartment Dwelling District ... 45-30(A)
Off-street parking areas ......... 8-3 Planned unit development
Pedestrian amenities............ 8-4 C-3 Regional Business District..... 45-341(10)
Site and street furniture ........ 8-5 Filing of application ............... 45-351(II)
'Coning regulations Planning commission
Development review regulations . 4-1 Action of ....................... 45.351(IV)
Land use chart ................. 4-2 Referral to ..................... 45-351(III)
Use definitions and supplemental Public notice ...................... 45-351(VII)
regulations ................ 4-3 Statement of intent................ 45-351(I)
Northlake Boulevard overlay zoning dis- Village council
trict (NBOL) .................... 45-35.3 Action of ....................... 45-351(V)
Oceanfront land Effect of approval of ............. 45-351(VI)
Ocean setback ..................... 45-22
Public district
Official zoning map Restricted uses ..............
......
45-35
Adopted by reference .............. 45-17(1)
R-1 Single-Family Dwelling District
Boundary conflict interpretations ... 45-18
Aiulexed land in ................... 45-20
Buildings and uses to conform to
Height ............................ 45-27(B)
district regulations........... ~
4~-19
Changes .......................... ~
4~-17(3) Off-street parking ................. 45-27(E)
Damaged, destroyed, etc............ 45-17(5) Permitted uses .................... 45-27(A)
Identification ..................... 45-17(2) Site area.......................... 45-27(C)
Location; final authority ...........
45-17(4) Yards and o ens aces .............
p p 45-27(D)
Off-street loading and internal circula- R-2 Multiple-Family Dwelling District
tion Community residential home regula-
C-3 Regional Business District ..... 45-341(3) tions ........................ 45-28(G)
Off-street parking Floor area ........................ 45-28(E)
C-1 Neighborhood Commercial Dis- Height ............................ 45-28(B)
trict ......................... 45-33(E) Off-street parking................. 45-28(F)
C-lA Limited Commercial District .. 45-32(E) Permitted uses .................... 45-28(A)
C-3 Regional Business District ..... 45-341(2) Site area .......................... 45-28(C)
C-A Commercial District ........... 45-31(G), 8) Yards and open spaces ............. 45-288)
CB Commercial District............ 45-311(G), 8) R-3 Apartment Dwelling District
CC 'I~ansitional Commercial District 45-321(G), 8) Floor area ........................ 45-30(F)
R-1 Single-Family Dwelling Districts 45-27(E) Height ............................ 45-30(B)
R-2 1Vlultiple-Family Dwelling Dis- Off-street parking ................. 45-30(E)
trict ......................... 45-28(F) Permitted uses.................... 45-30(A)
R-3 Apartment Dwelling District ... 45-30(E) Site area .......................... 45-30(C)
Open spaces. See herein: Yards and Yards and open spaces ............. 45-308)
Open Spaces Setbacks
Parking C-3 Regional Business District ..... 45-341(5)
Off-street loading and internal circu- Oceanfront land ................... 45-22
lation. See herein that subject Short title ........................... 45-1
Off-street parking regulations. See Si~,ms
herein: Off-Street Parking C-3 Regional Business District ..... 45-341(7)
Permitted uses Similar uses ......................... 45-16.1
Automotive Commercial District.... 45-34(A) Site area
C-1 Neighborhood Commercial Dis- C-lA Limited Commercial District .. 45-32(C)
trict ......................... 45-33(A), (G) C-A Commercial District ........... 45-31(E)
C-lA Limited Commercial District .. 45-32(A), (G) CB Commercial District............ 45-311(E)
C-2 General Commercial District ... 45-34(A) CC 'I~ansitional Commercial District 45-321(E)
C-3 Regional Business District ..... 45-341(1) R-1 Single-Family Dwelling Districts 45-27(C)
C-A Commercial District ........... 45-31(B), (C) R-2 1Vlultiple-Family Dwelling Dis-
CB Commercial District............ 45-311(B), (C) trict ......................... 45-28(C)
CC'I~ansitional Commercial District 45-321(B) R-3 Apartment Dwelling District ... 45-30(C)
Supp. No. 45 2959
NOR'PH PALM BEACH CODE
Section
'CONING (Appendix C) (Cont'd.)
Surface water management
C-3 Regional Business District ..... 45-341(8)
'Pelecommunications antenna and an-
tenna towers ................... 45-21
Violation and penalty ................ 45-6
Yards and open spaces
C-1 Neighborhood Commercial Dis-
trict ......................... 45-33(D)
C-lA Limited Commercial District .. 45-32(D)
C-A Commercial District ........... 45-31(F)
CB Commercial District............ 45-311(F)
CC 1~ansitional Commercial District 45-321(F)
R-1 Single-Family Dwelling Districts 45-27(D)
R-2 Multiple-Family Dwelling Dis-
trict ......................... 45-28(D)
R-3 Apartment Dwelling District ... 45-30(D)
Section
Supp. No. 45 2960