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Pages Replaced by Supplement #45TABU OF CONTENTS-C:onE'd. Chapter Page Art. III. I+'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. Floz~ida Fire Prevention Code ................. 725 Art. III. Fire Division .................. . ............ 726 Div 1. Generally ............................... 726 Div. 2. Person.nel ............................... 727 Div 3. Equipment .............................. 727 Div 4. Reserved ................................ 728 Art. IV. Recovery of Casts for Cleanup, Abatement and Removal of Hazardous Substances ........... 728 12.5 Flood Damage Prevention .............................. 777 Art. T. 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 Axt. I. In General ................................... 1053 Supp. lYo. 41 xiii NORTH PALM BRACH CODD Chapter Page Art. II. Local Business Tax ............... . .......... 1057 Art. III. Businesses Located Outside Village Limits ... 1060.4 Art. N Reserved ................................... 1063 Axt. V. Ambulances ................................. 1063 Art. VI. Garage and Other Sales ..................... 1063 17.5 Reserved .............................................. 1121 18. Motor Vehicles and Traff"is ............................... 1171 Art. I. In General ................................... ll73 Art. II. Operation of Vehicles Generally .............. 1173 Art. III. Stopping, Standing and Parking ............. 1175 19. Offenses and Miscellaneous Provisions ........ . .......... 1225 Art. I. In General ................................... 1227 Axt. 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. TX. Water Shortage Emergencies ................ 1236 Art. X. Alarms ..................................... 1238 Art. XI. Wellfield Protection . ........................ 1242 20. Parks, Playgrounds and Recreation ............ . ......... 1289 Art. I. In General ................................... 1291 Art. II. Meetings and Gatherings .................... 1292 Div 1. Generally ............................... 1292 Div 2. Permit .................................. 1292 Art. III. Recreation Advisory Board .................. 1293 21. Planning and Development ......................... . .... 1343 Art. I. In General ................................... 1345 Art. II. Planning Commission ... . ................... 1346 Art. III. Board of Adjustment ............ . ........... 1347 Art. IV. Concurrency Management ................... 1349 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. Reserveliarce .............................. 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. Na, 41 Xiv 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 Cade. 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 lu 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.lll 1 134.1, 134,2 34 xi, xii 44 134.3, 134.4 39 xii.i 44 134.5, 134.6 39 xiii, xiv 41 135, 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. 44 [1] NORTH PALM EEACH 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, 16$ 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, 32$ 27 787, 788 OC 329, 330 36 789 OC 331, 332 36 839 OC 332.1 27 889 39 333, 334 32 891, 892 40 335 32 892.1, 892.2 40 381 23 893, 894 43 383, 384 33 945 41 385 24 947, 948 41 398.3, 398.4 7 949, 950 41 39$.5, 398.6 40 951 41 398.7, 398.8 40 997 OC 398.9, 398.10 40 999, 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. 44 [2] CHECKLIST OF UP-TO-DATE 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, 16$4 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 ~3 1291, 1292 OC 1788.1 33 1293, 1294 29 1789, 1790 21 1295 29 1791,1792 21 1343 4 1793,1794 21 1345, 1346 22 1795, 1796 21 1346.1 22 2043 OC 1347, 1348 29 2045, 2046 33 1349, 1350 33 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 OG 1357, 1858 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 2564.1 33 1367 5 2365, 2366 OC 1411 OC 2367, 2368 37 Supp. No. 44 [3] NQRTI3 PALM BPACI-t CC1DE 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, 24$2 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 22 2501, 2502 25 2517, 2518 22 2503, 2504 28 2619 38 2504.1, 2504.2 29 2819, 2820 44 2504.3 28 2869, 2870 OC 2505, 2506 10 2871 OC 2507, 2508 13 2873 OC 2509, 2510 32 2875, 2876 OC 2510.1, 2510.2 32 2877, 2878 OC 2510.2.1 32 2879, 2880 OC 2510.3, 2510.4 25, Add. 2881, 2882 14 2510.5, 2510.6 25, Add. 28$3, 2$$4 14 2510.7, 2510.8 25, Add. 2885, 2886 19 2510.9, 2510.10 25, Add. 2887, 2888 25, Add. 2510.11, 2510.12 25, Add. 2889, 2890 33 2510.13, 2510.14 25, Add. 2891 44 2510.15, 2510.16 25, Add. 2933, 2934 25 2510.17, 2510.18 25, Add. 2935, 2936 44 2510.19, 2510.20 25, Add. 2936.1 44 2510.21, 2510.22 25, Add. 2937, 2938 39 Supp. No. 44 [4] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 2939, 2940 44 2940.1 44 2941, 2942 36 2943, 2944 44 29441 41 2945, 2946 39 2947, 294$ 41 2949, 2950 36 2951, 2952 41 2952.1 41 2953, 2954 36 2955, 2956 39 2957, 2958 36 2959, 2960 36 Supp. No. 44 [5] BOATS, DOCKS AND WATERWAYS "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 in3urious to the area involved or oth- erwise detrimental to the public wel- fare. § 5-86 Supp. No. 27 332.1 BOATS, DOCKS AND WATERWAYS "(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." (Ord. No. 1-82, § 1, 1-28-82; Ord. No. 28-98, § 4, 12-10-98) Secs. 5-87-5-92. Reserved. DIVISION 5. EROSION CONTROL STRUCTURESx 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. Sec. 5-94. When permitted. 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) *Cross reference-Coastal construction codo, § 6-151 et seq. Sec. 5-95. Construction. § 5-101 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 ofwater 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. (Cade 1970, § 11-40; Ord. No, 4-74, § 2) Secs. 5-97-5-100. Reserved. ARTICLE IV. MARINE SANCTUARIES' 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 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 '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- ignated as Ch. 5, Art. IV, § 5-101, at the editor's discretion. Supp. No. 32 333 § 5-101 NORTH PALM BEACH CODE sanctuary" as provided for under Title 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 marina 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 far 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, 9-13-7g} Cross reference-Filling permits, §§ 7-16-7-20. ARTICLE V. WATERWAYS BOARD Sec. 5-102. Created. Awaterways 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. 1.'he 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 an 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. Tho 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. Na. 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 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 oath year. The presence of three (3) members shall constitute a quorum, and Supp. No. 32 334 BOATS, DOCKS AND WATERWAYS motions shall be approved by a majority of mem- bers present. The members shall serve without compensation. Allmeetings ofthe 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- cies. (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 without such absence being excused by majority vote of the board, the chairman shall promptly notify the village council. The council may there- § 5-106 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) Supp. No. 32 335 [T~e next page is 381] BUILDINGS AND :BUILDING REGULATIONS 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 wlxero there have been any devi- ationsfrom the certificate of appropriateness which has been granted. (Code 1970, 6-38) Secs. 6-61-6-71. Reserved. ARTICLE IV RESERVED'` Secs. 6-72-6-149. Reserved. ARTICLE V. SIGl~TS AND OUTDOOR DISPLAI'S r Sec. 6-114. 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 reg~zlations and requirements as herein set forth are intended to preserve the residential character ofthe 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 ~'I:ditor's note--Section 3 of Ord. No. 4-90, adopted Mar. 8, 1990, repealed former Art..1V, "Contraotors," which con- tained §§ G-72-6-81 and G-89-6-99. The repealed provisions derived from Code 1970, § 10-1-10-11, and Ord. No. 19-82, §§ 1-G, adopted Oct. 14, 1982. i'Editor's note-Ord. No. 24-93, ~ 1, adapted Oct. 14, 1993, repealed the provisions of former Art. V, §§ G-111-G- 7.38, relative to signs and outdoor displays, and § 2 of said ordinance enacted a new Art. V to road as herein set out in §§ G-111-6-117. The provisions of former Art. V dei~ved fi•mn Ord. No. 10-80, adopted May 22,1.980; Ord. No. 32-80, adopted Oct. 23, 1980; Ord. No. 7-85, adopted May 9, 1985; Ord. Nn. 1-88, adopted Jan. 14, 1988; Ord. o. 5-89, adopted Iteb. 9, 1989; and Ord. No. 19-89, adopted Sept. 14, 1989. Cross references---Appearance plan, App. A;zoning, App. C. § G-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) Cornrnurzication. Signs sho~.dd not deny other persons or groups the use of sight lines on public rights-of--way, should not abscw-e important public messages and should not averwhehn 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. 31-2401, § 1, 10-25-01) Sec. 6-11.1. General provasians. (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 onsite 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. Sapp. No. 40 398.5 6-111 NORTH PALM ]3EAGH CdDE (4} Materials used in signs shall have good architectural chax°acter 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 restraizxt. 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 sa that the light source is shielded from view. (7) All permanent signs shall comply with the requirements and procedures of the Village Appearance Code. (P) 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 ox• 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 confarxn 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 cast at the time of damage, it shall not be reconstructed or repaired except in coxxfor- mity with the provisions of this article. (D j 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 Cade. (E) variance. (Ij Permanent sign. Dimensional restrictions outlined in this Code or viewing obstacles shall be considered. the only grounds of a hardship far 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 Cade. (2j 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, shaIl 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 building official upon a form supplied by the village. The application shall be accompanied by a filing fee of one hundred fifty dollars ($150.00). {') 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 conducted or a product sold shall be taken down and removed by the owner, agent ar person having the beneficial use of the building ar structure upon which sign may be found within ten {10) days after written notification from the building of- Supp. No. 40 398.6 73UILDINGS AND BUILDIN(s REGULATIONS Sign str•uctur•e. 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. Tempor•rxr~ sign. A sign which is intended. to advertise community events, civic projects, po- litical candidacy, political issues, real estate for sale ar 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 ta, affixed in any manner or painted an a motor vehicle or trailer. (Ij Permits. {1} A sign shall not hereafter be erected, constructed, altered or maintained except as provided in this Cade, until after a permit far the same has been issued in accordance with the permitting proce- dures of the building code. (2) Fees. Fees shall be based an the construc- tion valuation as set forth in the building code. (3 j 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. 13-9d, ~ 1, 8-11-94; Ord. No. 10-99, § 1, 2-11-99; Ord, No. 20(}9-02, § 2, 1-22-09) Sec. 6-112. Exempt signs. The following signs are exempt from the oper- ation of these sign regulations, anal from the xequirement 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: (Aj Signs that are not designed or located so as to be visible from any street or adjoin- ing property, § (i-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) squaxe 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 coznznemoration of significance to the entire coznmzmity 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 faun (4) weeks prior to the subject holiday with the exception of the Christznas/Hanukkah holidays. ChristmasfHanukkah lights and decorations maybe erected na earlier than October 15th. All holiday lights and deco- rations must be removed within two (2) weeks following the holiday. (O) 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. Sapp. No. 40 398.9 § 6-112 NORTH PAL112 z3EACH 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, trucl€s, vehi- cles or vehicle bumpers, subject to the regulations of section 6-113(B)(23} of this Coda. (K) Public warning signs to indicate the dan- gers of trespassing, swimming, animals or similar hazards. (L) Worl€s of art that do not constitute adver- tising. (M) Signs carried by a person. (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- opmentdepartment. The application shall be accompanied by an administrative pro- cessingfee established by the village coun- cil. Temporary banners shall be limited as follows: {1) Na 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. (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 ar edge. (Ord. No. 24-93, § 2, 10-14-93; Ord. Na. 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 Cade. (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 adapted by the village. t2) Any sign that constitutes a safety hazard. {3) Blanl€ temporary signs. {4) Signs with visible moving, revolving, or stating 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, blinl€, flicker, or vary in intensity or color. (7) Outline neon lighting used on commer- cially developed parcels for commercial purposes. (3) No banner may exceed thirty-two (8) Signs, commonlyrefezred to as wind signs, (32) square feet in overall surface consisting of one or mare banners, flags, area or ten (10) feet in height or pennants, ribbons, spinners, streamers or width. The materials used for the captive balloons, or other objects or mate- banner must conform to industry rial fastened in such a manner as to move standards. upon being subjected to pressure by wind. Sugp. No. 40 398.10 PLANNING AND DEVELOPMENT ARTICLE I. IN GENERAL Sec. 21-O1. 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 § 21-01 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. 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. (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 ($300.40) together with a deposit of the estimated casts 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. § 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, 3-22-01) Editor's note-Ordinance No. 4-86, § 1, adopted April 24, 1986, repealed farmer § 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 Cade by adding ther~•to a new Ch. 41, §§ 41-1-41-4. For purposes of classification the editor, at his discretion, has redesignated the substantive provisions of the ordinance as § 21-1. Sec. 21-2. Filing fees and costs for volun- tary annexation of land. (a) Enactment and authority. Pursuant to F.S. chapter 170, the village does hereby ordain and enact into law these additional requirements far annexation. (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 far vol- untary annexation of land to the village shall be done by application to the village council. The application to the village council maybe 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 a filing 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. 22 1345 § 21-2 NORTH 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, 3-22-01) 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 redesignated the substantive provisions of the ordinance as § 21-2. Secs. 21-3-21-10. Reserved. ARTICLE II. PLANNING COMMISSION* Sec. 21-11. Composition; conduct generally. (a) Created. A planning commission far the village is hereby created. (b) Membership. (1) Terms; vacancies; alternate members. The planning commission shall consist of five (5) members who shall serve for two-year terms and two (2) alternates who shall serve far 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 far 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 axe 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- *Editor's note-Article II, §§ 21-11, 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 Mar. 23, 1978. Section 1 of Ord. No. 4-78 repealed former § 21-1, pertaining to the designation 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 comprehezasive planning and land development regulation act, F.S. § 163.3161 et seq. 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 an 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. (c} Meetings. The planning commission shall meet at least once each month an 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 shaii 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, 6-28-01) Supp. No. 22 134E PLANNING AND DEVELOPMENT Sec. 21-12. Changes to zoning ordinances. (a) The village council may amend or supple- ment the regulations and districts fined by any zoning ordinance adapted 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. § 21-I2 $upp. No. 22 1346.1 PLANNING AND DEVELOPMENT 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 majority 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. AR,TIGLE III. BOARD OF ADJUSTMENT Sec. 21-21. Composition; conduct generally. (a) Created. A board 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 far three-year terms and two (2) alternates who shall serve far 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 far 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 order, requirement, decision or determi- § 21-21 nation made by an administrative official in the enforcement of any zoning ordi- nance or regulation adopted pursuant to this part. (2) Variances: a. 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: 1. 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 make possible the reasonable use ofthe land, building or struc- ture; Supp. No. 29 1347 § 21-21 NORTH PALM BEACH CODE ~ 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 ar any use expressly ar by implication pro- hibited bythe 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 regulation adapted 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 offceial. Appeals to the board. of adjust- ment maybe 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 wham 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, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney. Appellants maybe required Supp. No. 29 1348 Pi.r1NN(NC> t1Ni.7 i.7[;~%i~aL.OYAIi~aN'.t' to assume such reasonable costs in connection with appeals as may be determined by the gov- erning body through action in setting of fees to be charged for appeals. (ht ~Tudicial. reoieza of decisions of board.. Any person or persons, jointly or severally, aggrieved by any decision of'the board of adjustnxenL, or any officer, department, board, commission or l~tzreau of tlxe govezning body, zzxay apply to the cie°cuit court in the judicial circuit where the board of adjustment is located fir judicial relief within thiz-ty (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, 4-28-7i; Ord. No. 4-86, § 4, 4-24-86; Ord. No. 19-2004, ~ 1, 7-22-04) Secs. 27.-22--21-40. Reserved. ARTICLE IV. C()I~1CI.TRRENCY MAI~IAGENIEI`TT'" dec. 21-41. Sixort title. This article shall. be luiown and. maybe cited as "The Village of North Palm Beach Adequate Pub- lic Facilities {Concurrency) Ordinance." (.Ord. No. 16-90, ti 1A, (i-28-90) dec. 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) dec. ~I-43. Intent and purpose. f.a) Irnplernerztatiorz of cornpreherzsi.ae plan. This article is intended to implezixent and be consistent with th.e p=illage comprehensive plan, F.S. chapter 163, and rule 9J-5, F.A.C_, by ensuring that all development in the village is served by adequate public facilities. Editor's Hate-Ordinance No. 16-9t1, adopted JcFUe 28, 1990, did not. specificaliy anxend ibis Code, hence, inclusion oi' ~~ 1---~ <ts Ax4..I~;~~'y 2.1-41 --21-4G, :vas at: the. discretion of the editor. $' 21.-44 (b) E.stablislz~nent of'nzan.agerrzen.t/monitoring anal. r-egula.tary pr•agr°crm.. 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 o#' clevelopznent on the public facilities, or that development orders are cozzditioned on tlxe availability of public facilities to serve the development coneux•- rent with the impacts of development. on the public facilities. (c) IVlinint.ttnz. reguirenzents. The provisions of this article in their interpretation and application are declared to be the minimum xequirezuents necessary to accomplish the stated intent, pur- poses, and objectives of this article. (Ord. hxo. 16-90, § 2, 6-28-90) Crass reference-rldaption of compa•ehensive phi:n, § 21- 01. fee. 21-44. Definitions. [Tlze following ~~=ords, 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:] flclequate pzzblic facilities cleter•rzzination means a determination approved by the director of com- munity development, pcu,suant 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 develo}:rzxxent at t:n.e tune of the approval of the adequate public facilities determination. A subsequent application for a development permit for development that bas been approved based upon adequate public facilities determination shall be required to receive a new adequate public facilities determinationx, or certificate of cozxcux•- rency reservation, whichever is appropriate. Supp. i~ro. 33 1349 `Ll-4~I NOIZ-'PI3. I'AIaiVI. ~L'I+:ACII COI~k: Application for dec~eloprrzent pernzi.t means an application submitted. to North Palm Beach re- questing the approval of a development permit. Cczpita.l inzprouenzent elenzezzt means the capi- tal improvement element of the North Pahn Beach. comprehensive plan adopted November 9, 1989 pursuant to F.S. chapter 163. Capital recreation and ripen s~aace facilities means the planning of, engineering for, acquisi- tion of land far, or construction. of buildings and park equipznent necessary to LOS for capital recreation axed open space facilities. Capital, road facilities means tlxe planning of', engineering for, acquisition of land fbr, or construc- tion. of roads on the major road network system necessary to meet the LOS ft~r capital road f'acil- ities. Capital potable water facilities means the plan- nixxg of; engineering far, acquisition of land far, or construction of potable water facilities necessary to meet the LOS for capital. potable water facili- ties. G"apital srcraitary sewer facilities means the planning of, engineering far, acquisition of land far, or constr. uction of sanitary sewex• facilities necessary to meet the LOS for capital sanitary sewer facilities. Ca1~ital. soli.cl waste facilities zneans the plan- ni.xxg caf, engineering for, acquisition c>f land for ar construction of solid waste facilities necessary to meet the LOS for capital salid waste. facilities. Capital storm. dr•czi.nage facilities means the planning of, engineering far, acquisition. of land fox°, ar constructiaca of storm drainage facilities necessary to meet the LOS f'or capital storm drainage facilities. Certificate rrf concw•r•ency r•eser•acdiozz means a certificate approved by the director af' community de~,Telapxnent 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- ment far i~~hich a certificate of concurrency reser- vation has been approved, shall be deter°xxxined to 11a~re adequate public f'acilxties 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. Conzpreh.erasiue plaaz means a plan. that meets the requirements of F.S. sections 163.3177 and 163.3178, and shall mean the ~TiIlage of Nortlx Palm Beach Comprehexzsive Plan, as amended, where referenced. in this article. Conditi.~rzal certificate of concur-ren.cy reser-oa- tion means an application fir 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 concux-z•ency reservation. A cond- tional certificate of coneurrency reservation shall be approved, if i.t is demonstrated that: (1) Existing available public facility capacity up to an amount sufficient to serve the proposed development has been reserved, {u} 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 t3) A request has been made for consider- ati.on and approval of a development agree- ment conctxrreut with the application fbr development permit to accommodate the balance of public facility capacity needs for the proposed develapment. Dec~elaper• means any person, including a gov- ernment agency, undertaking any development as defined in this article. Deuelopnzent has the meaning given it in F.S. chapter 380. Developrrzent agreezrzerzt means an agreement entered into betureexx a local. government and a person associated with the development of land, including, bu+,; not limited to, develapment agree- ments pursuant to F.S. chapter 163, or an agx•ee- ment on a developxnexa.t order issued pursuant to F.S. chapter. 38U. Sapp. IVo.:33 1350 APPENDIX C-ZONING § 45-35.1 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 fain 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 tore built under this section is de- project to main traffic thoroughfares stroyed or removed by or far 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, Lure. 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 went as outlined above. any source whatsoever which is can- III. Referral to planning commission. The vil- netted with the proposed use, will loge 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.] the location, nature and height of A. After a study of an application far 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 ar 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- 2. The location and size of the proposed mitted uses in the zoning district in 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 maybe 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. 32 2510.1 § 45-35.1 NORfiH 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. (Ord. No. 23-79, § 1, 10-25-79; Ord. No. 16-87, § 1, 10-22-87; Ord. No. 2006-05, § 1, 4-13-06) Sec. 45-352. 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 far 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: Fassive recreation. 2. Flood control. 3, Protection of quality or quantity of ground water or surface water. 4. Flaodplain management. 5. Fisheries management. 6. Protection of vegetative community or wild- life habitats. 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. Na building or portion thereof shall occupy a position fifty (50) feet or less from the upland/wetland boundary of the property. 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 supp. No. 32 2510.2 APPENDIX C-ZONING 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 Pian § 45-35.3 Supp. No. 32 2510,2.1 APPENDIX C-ZONING 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. 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 building department of the village, which shall transmit the same, together with all the plans, specifications, application blank and other papers pertaining to the application, to the plan- ning 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. (2} All applications to the planning commis- sion concerning rezoning shall be upon forms to be supplied by the building department. *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. Far provisions coizcerning the planning commission and the board of adjustment, see Ch. 21, Arts. II and III. Supp. No. 22 2515 § 45-49 NORTH PALM BEACH CODE (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. (Ord. No. 15-78, § 1, 6-8-78; Ord. No. 06-2001, § 7, 3-22-01) Editor'snote-Acopy of the forms to be used are attached to Ord. No. 185-68 as exhibit 1, from which ordinance section 45-49 way 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 building inspector 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 accom- panied by a filing fee of two hundred dollars {$200.00). (2) All applications to the board of adjustment concerning variances shall be upon forms to be supplied by the building inspector's office. (Ord. No. 6-77, § 4, 4-28-77; Ord. Na. 06-2001, § 8, 3-22-O1) Editor's note-Acopyof the forms to be used are attached to ordinance No. 186-68, as Exhibit 1, from which ordinance section 45-50 was. derived. ESecs. 45=515-5~. Resers~ed.] EAR,TICLE VII. NONCONFORMING USES OF LAND AND STRUCTURES] Sec. 45-60. Intent. (1) Within the districts established. by this ordinance, or amendments that may aater 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) 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 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 Supp. No. 22 2516 CODli COIVIYARATIVL++; TABLL Adoption Section Ord. lYo. Bate Section this Code s Is-z21 9 29-5(a) 10 App. C, § 45-20(9}, (lo) 11 App. C, § 45-36 Q(.5) 2007-O1 1-11-07 2 Added 21-48 2007-Oi 2- 8-07 2 6-17 2007-10 4-12-07 1 2-52(a) 2 2-54f3) 2007-13 7-12-07 1, 2 2-1 2007-16 10-25-07 2 Added App. C, § 4.5-16.1 2007-17 10-25-07 2 Added 2-166(Dd. 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 `L007-21 12-13-07 2 14-30(2) 2008-01 1-10-08 2 6-115(.F) 2008-02 1-10-08 2 2-148 2008-03 1-24-08 2 10-5 Dltd 10-6-10-$ Rnbd 10-9 as 10-6 Dlta to-lo Rnbd 10-13 as 10-7 4 RpId 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 4-1U-08 2 36-`L3 2008-09 8-28-08 App.D 2008-15 10-23-08 2 Rpld 1437-14-52 3 Rpld 14-79-14-83 Added 14-79-1483 2008-16 1d-23-08 2 14-30 2008-17 11-13-08 2 2-4 2008-18 11-13-OS `L-5 2-159-2-16`L 2009-O1 1- 8-09 2 Added 14-31 2009-02 1-22-09 2, 3 6-111, 6-ll2 4 6-114 G 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-L7 A.l. Added App. C, § 45-27 F. 2009-05 5-14-09 2 Added 15-11-15-18 2009-006 6-11-09 2 4-27, 428 4-31, 4-32 2009-07 7-2$-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 [the next page is `L933j Supp. 1V4. 44 2$91 CODE INDEX Section Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) NUISANCES (Cont'd.) Vehicular operation Animals creating nuisances .............. 4-12 Speed limits False alarms Generally . . ....................... 18-L6 Excessive false alarms declared public Weight limitations ou certain roads.... 18-18 nuisance ........................ 19-212 Rabid animals declared nuisance......... 4-42 MUSICAL INSTRUMENTS Noise control ........................... 19-104 NUMBER Definitions and rules oi' construction ..... 1-2 N NOISE O Animal noises .......................... 19-107 OATH, AFIa'IRIVIATION, SWEAR OR SWORN Buildings, premises or property Administrative code, provisions re oaths of Noise from ........................... 19-102 office............................-. 2-41 Code enforcement board, applicability re.. 2-1.73 Definitions and rules of construction ..... 1-2 Conduct, noisy and boisterous ........... 19-106 General employees retirement board; oaths Construction activity, permissible time for 19-111 of office ........................... 2-154 Definitions ............................. 19-99 .Reserve police force; oath required ....... 23-47 Electronic audio equipment .............. 19-104 Enforcement OBSCENI'PY. See: INDECENCY AND OB- Authority ............................ 19-116 SCENITY Procedure All other noises .................... 19-117(,6) OBSTRUCTIONS iVfotor vehicle noise enforcement, op- Passageways, obstructing ................ 19-47 crating ... . ................... 19-117fa) OFFENSES Engine exhaust ......................... 19-108 Definitions.......... ................... 19-1 Exemptions .......... .................. 19-120 Enumerated........................,... 19-:3 et seq. ]15xed mechanical equipment ............. 19-112 See also specific offenses as indexed I3oi~is and signal devices ................ 19-103 State misdemeanors adopted ............ 7.9-2 Loadui uuloadin and un ackui g, g p g....... 19-110 Loudspeakers and devices for advertisixxg. 19-1.U5 OFFICERS AND EMPLOYEES Measurement procedure ................. 19-113 Administrative code..................... 2-39 et seq. Musical instruments .................... 19-104 See: ADMINISTRATIVE CODE Noise control measurement st~uidm•ds other Definitions and rules of construction ..... 1-2 than motor vehicle noise standards.. 19-118 Elections ........... •••-••••-•••••••••-~ 10-l et seq. Noise control olic p y .......... . .......... 19-100 See: ELECTIONS Periods of observation ................... 19-114 Finance director ........................ 2 59 Radios ................................. 19-104 Golf advisory board ............,. ....... 9-16 et se q. Special permits exceptod ................ 19-119 See: DOLT' ADVISORY BOARD Unnecessary, excessive or offensive noise Impersonating village official .......... - . 19-8 Unlawful to make ...... . ............. 1.9-101 Librarian ........... .................... 2-93 Vehicle defect or condition of load ........ 19-109 , , . Mayor .............................. 2-18, 8-1fi Voluntary compliance ................... 19-115 Pensions and retirement. See also that NUDITY subject Topless costumes prohibited ............. 19-64 Length of service award plaza for volun- teer firefighters ................. `L-170 et seq. NUISANCES Pension and certain other benefits for Abandoned real property ................ 15-11 et seq. fire and police employees ........ 2-159 et seq- See: PROPERTY Pension and certain other benefits for Abatement of public nuisances on private general employees ............... 2-146 et seq. property Social security ....................... 2-136 et seq. Abatement of public nuisance ......... 14-82 Public safety director .................... 2-75 Assessment of costs and imposition of Public works director .................... 2-84 lien ............................ 14-83 Recreation director...................... 2-110 Definitions ........................... 14-79 Social security.......................... 2-136 et seq. Notice of public nuisance; right to re- See: SOCIAL SECURPrY quest hearing ................... 14-81 Village clerk and. deputy village clerk..... 2-67 et seq. lJses or activities constituting a public See: DOCUMENTS AND PUBLIC nuisance ........................ 14-80 RECORDS Supp. No. 41 2947 NORTIi PALM BEACH CODE Section OFFICERS AND EMPLOYEES {Cont'd.} Village manager ........................ 2-115 et seq. See: VILLAGE MANAGER OFFICIAL TIME Definitions and rules of construction ... , . 1-2 OPEN SPACES. See: YARDS AND OPEN SPACES OR, ANll Definitions and rules of construction ..... 1-2 ORDINANCES. Sots: CODE OF ORDI- NANCES OWNER Definitions and rules of construction ..... 1-2 P PALM BEACH CUUNTY. See: COUIV'I'Y PARKING Boat launching area Vehicleltrailerporking in designated ar- eas .. .. ......................... 5-35 Landscaping, provisions re off=street park- ing ................................ 27-38, 27-59 et seq. See: LANDSCAPING Parks; designated parking areas........, 20-5(6) Stopping, standing and parking.......... 18-34 et seq. See: MOTOR VEHICLES AND TRAP- I'IC Zoning, provisions ro off-street parking ... 45-27 et seq. See: CONING (Appendix C) PAIiI~S, PLAYGROUNDSAND RECREATION Alcoholic beverages Consumption on playgrounds and public parks .. ......................... 3-3 Bicycles Operation in safe manner; etc.......... 20-6(2) Operation prohibited in certain areas.. 20-6(1} Boat launching areas Vehicle/trailerporking in designated ar- eas ............................. 5-35 Buildings or structure, erecting .......... 20-3 Department of recreation Director's duties Conduct community activity ........ 2-110(2) Supervise recreation areas,......... 2-110(1) Ejectment of violators ................... 20-8 Enforcement of provisions, responsibility . 20-7 Golf advisory board . . ............... . ... 9-16 et seq. See: GULF ADVISORY BOARD Hours regulated ........................ 20-1 Meetings and gatherings Liability for loss or injury ............. 20-23 Permit Appeal from refusal to issue ........ 20-35 Application ........................ 20-33 Section PAB.I~S, PLAYGROUNDSAND RECREATION (Cont'd.} Form ............................. 20-32 Issuance standards ................ 20-34 Required .......................... 20-31 Itevacation ........................ 2U-36 Rules and regulations, permittee hound by .............................. 20-22 Property used to violate provisions, confis- cation of .......................... 20-9 Recreation advisory board Created .............................. 20-61 Duties ............................... 20-66 Meetings ............................ 20-65 Officers' quorum, compensation........ 20-64 Removal ............................. 20-63 Terms ............................... 20-62(b) Vacancies ............................ 20-62{c) Restroorns, failure to cooperate in keeping neat or sanitary ................... 20-2 Traffic Enforcement of traffic regulations ... , . 20-5(Z) Operation confined to roads ........ , .. 20-5(5) Parking areas designated ............. 20-5(6} Signs ................................ 20-5(3) Speed of vehicles ..................... 20-5(4} State motor vehicle laws .............. 20-5(,1) Trees Climbing trees, etc .................... 20-4 Use by public only . . .................... 20-1 PENAL'PIES. See: FINES, FOIZFEI`I`URES ANll O !'PIER PENALTIk;S PENSIONS AND RETIREMENT ICMA defined contribution pension plan Administrative services agreement and adoption agreements ............ 2-170.14 Creation ............................. 2-170.12 Effective date ........................ 2-170.15 Vesting pez~od ........................ 2-170.13 Length of'service award plan for volunteer firefighters Benefit formula .................. . .. . 2-170.6 Contact person ....................... 2-170.10 Effective date ........................ 2-170.3 Eligibility ............................ 2-170.4 Entitlexnont ago .................. . ... 2-170.5 flan, naive of ........................ 2-170.2 Paint system ......................... 2-170.11 Preretirement death benefit........ , .. 2-170.7 Purpose ............................. 2-170 Supp. No. 41 2948 CODE INDEX Section Section PENSIONS AND RETIREMENT (Cant'dJ PENSIONS AND RETIREMENT (Cont'd.) Sponsor, name of ..................... 2-170.1 Refimd of contribution ............. 2-148(8) Trustee and contact person............ 2-170.10 Retirement benefit ................. 2-148tb} Vesting provisions, schedule of ........ 2-170.8 Retirement date ................... 2-148f a} Village contributions .................. 2-170.9 Termination of employment, ........ 2-148(f} Pension and certain other benefits for fire Benefit plan no. `L, optional (cost of liv- and police employees ing adjustment) ................. 2-158.1 Benefit amounts Benefit plan, optional Cost of living ...................... 2-161(g) Applicability to employees .......... 2-155(x) Disability retirement ..... . ......... 2-161(e) Member contributions Early retirement ................... 2-161(b) Amount......................... 2-158(d)(1) Fm•mula .......................... 2-161(c) Du.ration........................ 2-158(d)(2) Limitation on ...................... 2-161(h) Interest......................... 2-158(d)(3) Normal retirement benefit.......... 2-161(a) Retirement benefit ................. 2-158(c) Preretirernent death ............... 2-161(d) Retirement date ................... 2-158(b) Termination benefits and vesting.... 2-161(f) Definitions ........................... 2-146 Board of trustees Discharged members ................. 2-156(x) Bring and defend lawsuits Incompetents ........................ 2-156(d) Powers ......................... 2-164(n) Membership Composition ....................... 2-164(a) Application for membership ........ 2-147(bl Forfeitm•e of membership on board Change in designation of beneficiary 2-147(c) for absenteeism ............... 2-164(b) Conditions of eligibility.......... , .. 2-147(a) Meetings .......................... 2-164(d) Nonassignability ..................,,. 2-156(b) Power and authority ............... 2-166 Normal and optional forms of benefits . 2-149 Reports and records ................ 2-164(c) Pension validity...................... 2-156(c) Carxtributians Repeal ar termination of system ....... 2-155 Employer ......................... 2-163(c) Retirement board Forfeitures ........................ 2-163(dl Additional rules and regulations au- Member ........................... 2-163(x) thorized...................... 2-152 State .............................. 2-163(b) Established........................ 2-151 Definitions ........................... 2-159 Investing funds; custodian of securi- Direct transfers of eligible rollover dis- tins .......................... 2-153 tribution ........................ 2-170 Oaths of office; meetings; quorum ... 2-154 Discharged members ................. 2-169(a) Social securit y .......................... 2-136 et se q. False, misleading statements made to See: SOCIAL SECURITY obtain retirement benefits prohib- Volunteer firefighters, length of service ited ............................ 2-169(f) award plan for. See herein: Length of Incompetents ........................ 2-169(d) Service Award Plan for Volunteer Insurers, tax on ...................... 2-167 Firefighters Membership Application for membership ........ 2-160(b) PERMITS. See: LICENSES AND PERMITS Buy-back of previous service ........ 2-160(d) Changes in designation of beneficiary 2-160(c) pERSON Conditions of eh biht ~gi ' y ............. 2-160(a) Dnfinitimis and rules of construction ..... 1-2 Nonassignability ..................... 2-169(b) pIERS Number and gender .................. 2-I.69(n) Docks and piers, construction rnquirn- Optional forms of benefits ............. 2-162 meets re .......................... 5-81 et seq. Pension validity ...................... 2-169(c) See: BOATS, DOCKS AND WATER- Prior service ......................... 2-165 WAYS Repeal or termination of plan ......... 2-168 Tax on insurers ...................... 2-167 PLANNING AND DEVELOPMENT Pension and certain other benefits for pen- Appearance plan (Appendix A). See that oral employees subject Bargaining xmit employees............ 2-156(e) Archaeological site protection regulations. 21-101 et seq. Benefit amounts and eligibility See: ARCHAEOLOGICAL SITE PRO- Direct transfers of eligible rollover TECTION distribution .................. 2-157 Board of adjustment Early retirement ................... 2-148(d) Composition; conduct generally Late retirement .................... 2-148(c) Administrative orders, review of .... 21-21(d) Preretirement death ............... 2-148(e) Created ........................... 21-21(a} Supp. No. 36 2949 NORTH PALM BEACH CODE Section PLANNING AND DEVELOPMENT (ConfdJ Decision of administrative official, ap- peals to board fi•oin ........... 21-21(e) Hearing of appeals ................. 21-21(g) Judicial review of decisions of board. 21-21(h) Membership; terms; alte2ziate; com- pensation .................... 21-21(b) Powers and duties ................. 21-21(c) Stay of work and proceedings on ap- peal .......................... 21-21(D Community development department Plas-ming division ..................... 2-112(3) Comprehensive plan Adoption ............................. 21-01 Filing fees and costs for changes Enactment and authority, , ......... 21-1(a) Fee; application .................... 21-1(c) Jurisdiction ....................... 21-1(b) Planning commission, advise of ..... 21-1(d) Concui~ency management Adequate public facilities available to service development ............. 21-45 Application .......................... 21-42 Definitions ........................... 21-44 Intent and purpose Comprehensive plan, implementa- tion of ....................... 21-43(a) Management/monitoring and regula- tory program, establishment of 21-43(b) Minimum requirements ............ 21-43(c) Management and monitoring program Amendments to CIE and annual bud- get, recommendations on ...... 21-46(c) Annual public facilities update report 21-46(b) Generally ......................... 21-46(a) Proportionate fair-share program Applicability . ...................... 21-48(b) Application process ................ 21-48(e) Appropriation of fair-share revenues 21-48(i) Determining proportionate fair-share obligation .................... 21-48(f) General requirements .............. 21-48(c) Impact fee credit for proportionate fair-share mitigation .......... 21-48(g) Intergovernmentalcoordination..... 21-48(d) Proportionate fair-share agreements 21-48(h) Purpose and intent ................ 21-48(a) Regulatory program Exemptions ....................... 21-47(b) Generally ......................... 2i-47(a) Public facility adequacy, review to de- termine ...................... 21-47(c) Short title ........................... 21-41 Filing fees and costs for voluntary amiex- ation of land Enactment and authority ............. 21-2(a) Fees: application ..................... 21-2(c) Jurisdiction .......................... 21-2(b) Planning comiuissian, advice of........ 21-2(d) Section PLANNING AND DEVELOPMENT (Confd.l Stormwater management ................ 21-61 et seq. See: STORMWATER MANAGEMENT Subdivision regulations ................. 36-1 et seq. See: SUBDIVISIONS (Appendix B) Zoniug regulations ...................... 45-1 of seq. See: ZONING (Appendix C) PLANNING COMMISSION Composition; conduct generally Created .............................. 21-11(a) Meetings ............................ 21-11(c} Membership ......................... 21-11(b} Powers and duties .................... 21-11(d) Zoning ordinances, changes to ........... 21-12 PLATS. See: SURVEYS, MAPS AND PLATS PLAYGROUNDS. See: PARKS, PLAY- GROUNDSAND RECREATION POLICE Court cost Assessment of additional court costs for criminal justice education expendi- tures ........................... 1-9 Department of public safety, provisions re police division ..................... 2-76(b) See: PUBLIC SAFETY DEPARTMENT Fire division, provisions re police assis- tance ............................. 12-43 Impersonating police officer ............. 19-8 Pension and certain other benefits for fire and police employees . . . . . . ......... 2-159 et seq. See: PENSIONS AND RETIRE+'MENfi Reserve force Application for membership ........... 23-43 Compensation ........................ 23-5Q Created; purpose ..................... 23-42 Director of public safety, appointment to serve by ........................ 23-45 Oath required ........................ 23-47 Powers and duties .................... 23-48 Reserve list to be maintained ......... 23-44 Resignation .......................... 23-46 Uniforms and insignia ................ 23-49 POLLUTION Smoke, dust, odors, liquids, etc........... 19-9 Stormwater management provisions re pol- lutantloads ....................... 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 PROFANITY Vulgar language prohibited in public places 19-65 Supp. No. 36 2950 CODE INDEX Section Section ZONING (Appendix C) (CmifdJ ZONING (Appendix C) (ConfdJ Street numbers ................. 7-7 C-OS Conservation and Open Space Temporary signs ................ 7-4 District...................... 45-35.2(B) Site plan elements ................. Art. 8 R-1 Single-Family Dwelling Districts 45-27(A) Builduxg orientation and place- R-2 Multiple-Family Dwelling Dis- mont ...................... 8-2 trict......................... 45-28(A) General design ................. 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 ..... 45-34.1(10) Site and street fiirniture ........ 8-5 Filing of application ............... 45-35.1(ID Zoning regulations Planning commission Development review regulations . 4-1 Action of ....................... 45.35.1(IV) Land use chart ................. 4-2 Referral to ..................... 45-35.1(III) Use definitions and supplemental Statement of intent ................ 45-35.1(I) regulations ................ 4-3 Village council Northlake Boulevard overlay zoning dis- Action of ....................... 45-35.1(V) trict (NBOZ) .................... 45-35.3 Effect of appxroval of............. 45-351(VI) Oceanfi•ont land Public district Ocean setback.. .................... 45-22 Restricted uses.................... 45-35 Official zoning map R-1 Single-Family Dwelling District Adopted by reference .............. 45-17(1) Annexed land in................... 45-20 Boundary conflict interpretations ... 45-18 Height............ ................ (B} 45-27 Buildings and uses to conform to Off-street parking ................. 45-27(E} district regulations........... 45-19 Permitted uses .................... 45-27(A} Changes .......................... 45-17(3) Site area.......................... 45-27(C} Damaged, destroyod, etc............ 45-17(5) Yax•ds and open spaces ............. 45-27(D} Identification ..................... 45-17(2) R-2 Multiple-family Dwelling District Location; final authority ........... 45-17(4) Commtmity residential home regula- Off-street loading and internal eircula- tions ....... . ................ 45-28(G) tion Floor area ........................ 45-28(E) C-3 Regional Business District ..... 45-34.1(3) Height ............................ 45-28(B) Off-street parking Off-streot parking ................. 45-28(F} C-1 Neighborhood Commercial Dis- Permittod uses .................... 45-28(A} trio ......................... 45-33(E) Site area.......................... 45-28(C) C-lALimited Commercial District.. 45-32(E) Yards and open spaces ............. 45-28(D} C-3 Regional Business District ..... 45-34.1(2) R-3 Apartment Dwelling District C-A Commercial District ........... 45-31{G), (H) Floor area ........................ 45-30(F} CB Commercial District............ 45-31.1(G), (H) Height......... . .................. 45-30(B CC Transitional Commercial District 45-32.1(G), (H) Off-street parking ................. 45-30(E) R-1 Single-Family Dwelling Districts 45-27(E) Permitted uses .................... 45-30(A) R-2 Multiple-Family Dwelling Dis- Site area .......................... 45-30(C) trio ......................... 45-28(F) Yards and open spaces............. 45-30(D} R-3 Apartment Dwelling District ... 45-30(E) Setbacks Open spaces. See herein: Yards and C-3 Regional Business District ..... 45-34.1(5) Open Spaces Oceanfiontland ................... 45-22 Parking Short title ........................... 45-1 Off` street loading and internal circu- Signs lotion. See herein that subject C-3 Regional Business District ..... 45-34.1(7) Off-street parking regulations. See Similar uses ......................... 45-1G.1 herein: Off-Street Parking Site area Permitted uses C-lA Limited Commercial District .. 45-32(C) Automotive Commercial District.... 45-34(A) C-A Commercial District ........... 45-31(E) C-1 Neighborhood Commercial Dis- CB Conunex•cial District............ 45-31.1(E) trio ......................... 45-33(A), (G) CC 14•ansitional Commercial District 45-32.1(E) C-lA Limited Commercial District.. 45-32(A), (G) R-1 Single-Family Dwelling Districts 45-27(C) C-2 General Commercial District ... 45-34(A) R-2 Multiple-Family Dwelling Dis- C-3 Regional Business District..... 45-34.1(1) trict ......................... 45-28(C) C-A Commercial District ........... 45-31(B), (C) R-3 Apartment Dwelling District ... 45-30(C) CB Commercial District............ 45-31.1(B), (C) Surface water management CC'Pransitional Caxnmercial District 45-32.1(B) C-3 Rogianal Business District ..... 45-34.1(8} Supp. No. 36 2959 NORTH PALM BEACH CODE Section ZONING (Appendix C) (Cont'dJ Telecommunications antenna and an- tenna towers ................... 45-21 Violation and penalty ................ 45-6 Yards and open spaces C-1 Neighborhaad Commercial Dis- trict ......................... 45-33(D) C-lA Limited Commercial District .. 45-32(D) C-A Commercial District ........... 45-31(F) CB Commercial District............ 45-31.1(F) CC 14•ansitional Commercial District 45-32.1(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. 36 2960