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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. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com '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 Supp. No. 45 [1] NOR"I'H PALM BEACH CODE 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 Supp. No. 45 [2] CHECKLIS"I' OF UP-"I'O-DA"I'E PAGES Page No. Supp. No. Page No. Supp. No. 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 Supp. No. 45 [3] 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 Supp. No. 45 [4] CHECKLIS"I' OF UP-"I'O-DA"I'E PAGES Page No. Supp. No. 2937, 2938 39 2939, 2940 44 2940.1 44 2941, 2942 36 2943, 2944 44 2944.1 41 2945, 2946 39 2947, 2948 45 2949, 2950 45 2950.1 45 2951, 2952 41 2952.1 41 2953, 2954 36 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