The provisions embraced within this ordinance shall be known as the "zoning code" and may be so cited.

For the purpose of this Code, certain words and terms are defined as follows:

Accessory use is a use customarily incident and accessory to the principal use of land or building located on the same lot.

Accessory building or structure shall include a building or structure customarily incident and accessory to the principal use of land or building located on the same lot. In the R-1 residential dwelling district, accessory buildings shall be limited to an open-air pavilion and an automobile garage. In the R-2 dwelling district, an accessory building shall be limited to an automobile garage.

Adult entertainment. Adult entertainment means any adult arcade, adult theater, adult booth, adult bookstore/adult video store, adult motel or adult dancing establishment as defined in Ordinance No. 88-31, Palm Beach County Adult Entertainment Code; or any establishment or business operated for commercial gain where any employee, operator or owner exposes his/her specified anatomical area for viewing by patrons, including but not limited to: massage establishments whether or not licensed pursuant to Chapter 480, Florida Statutes, tanning salon, modeling studio, or lingerie studio.

Antenna is a transmitting or receiving device used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. (See antenna tower for applicable regulations).

Antenna tower is a guyed, monopole or self-supporting structure, whether free standing or attached to another structure, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone or similar form of electronic communication.

Antiques: Objects of an earlier period such as furniture, jewelry, stamps, coins, miniaturized replicas, works of art, or other decorative articles that are collected primarily because of their age, history, or expectation of increasing value.

Assisted Living Facility means a facility licensed by the agency for health care administration which provides housing, meals and personal care and services to adults for a period exceeding twenty-four (24) hours, as defined in F.S. § 429.02, as amended.

Average elevation shall be used to calculate the maximum allowable height of single-family dwellings within the R-1 Zoning District that are not located within a special flood hazard area. The average elevation is an average of the existing elevation of the buildable area of a lot prior to any land alteration The average elevation shall be calculated by the mathematical average of elevation points dispersed at approximately ten-foot equidistant intervals across the buildable area of a parcel. Where required, the average elevation survey shall be submitted with construction plans, and the calculated average elevation shall be depicted on all exterior elevation sheets of the construction plans.

Building is any structure, either temporary or permanent, having a roof or other covering and designed for the shelter or enclosure of any person, animal or property.

Child care facility means a licensed facility with more than five (5) children that are unrelated to the operator of the facility and which complies with F.S. ch. 402.

Community residence is a facility that provides lodging for more than three (3) unrelated persons occupying the whole or part of a dwelling as a single housekeeping unit sharing common living, sleeping, cooking and/or eating facilities and which may operate on a referral basis from state, county or local social services agencies or self-help programs or be affiliated with a treatment or rehabilitation program. A community residence shall not include a licensed community residential home or a licensed assisted living facility. A community residence is not a permitted use within any residential zoning district and may only be established through the reasonable accommodation process.

Community residential home as defined in F.S. ch. 419, means a dwelling unit licensed to serve residents who are clients of the department of elderly affairs, the agency for persons with disabilities, the department of juvenile justice, or the department of children and families or licensed by the agency for health care administration which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

Decorative post structure is the support base for a light fixture and shall comply with the following requirements:

(1)

The installation of a decorative post structure shall comply with all village building, electrical and zoning codes.

(2)

Free standing.

(3)

Conform with the architectural design of the main building veneer.

(4)

May be located within the main building setback areas.

(5)

Not more than two (2) decorative post structures per driveway entrance and not more than four (4) decorative post structures per lot.

(6)

Not more than thirty (30) inches in width and depth and/or diameter.

(7)

Not less than eighteen (18) inches setback from any lot line.

(8)

Not more than thirty six (36) inches in height without a fixture. Exception: Not more than seventy-two (72) inches in height without a fixture when setback a minimum of thirty-five (35) feet from any side lot line or rear lot line on corner lots and not less than thirty-six (36) inches from any public right-of-way.

Detached fence storage area is a storage area attached to a fence erected on the property line in conformance with fence requirements of the North Palm Beach Code. Such storage area shall not exceed three (3) feet in depth nor be longer or higher than the fence to which it is attached. Said storage area shall be constructed of the same material, design and color as the fence to which it is attached and the fence and storage area shall be constructed of opaque materials which properly screen the interior of the storage area from the view of the adjacent property owners. Detached fence storage areas shall not be erected closer to the street than the adjacent front wall of the main building. No such storage area shall be erected unless its construction conforms to village ordinances.

Drug store is an establishment that combines a pharmacy with the sale of products typically associated with a convenience store, and provides services such as photo processing or basic health assessments (such as vaccinations or minor examinations). These uses are subject to additional regulations regarding the dispensing of controlled substances set forth in section 45-36.T of this chapter.

Dwelling is any building or structure designed exclusively for residential occupancy. A dwelling may be designed for one-family, two-family or multiple-family occupancy, but not including hotels, clubs, motels, boarding or lodging houses or house trailers whether such trailers be mobile or located in stationary fashion as when on blocks or other foundation.

Dwelling unit is a single unit providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

Family shall mean one (1) or more persons living in the same single or multiple family dwelling as a single housekeeping unit sharing common living, sleeping, cooking and/or eating facilities, all of whom are related by blood, marriage or adoption, or a group of persons all of whom are not so related which does not exceed three (3) unrelated persons in number. This term shall not include the occupants of a community residential home or an assisted living facility.

Family day care home is an occupied residence in which child care is regularly provided for five (5) or fewer preschool children from more than one unrelated family and which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit. The maximum five (5) preschool children shall include preschool children living in the home and preschool children received for day care and not related to the resident caregiver. Elementary school siblings of the preschool children receiving day care may also receive day care outside of school hours provided the total number of children, including the caregiver's own and those related to the caregiver, does not exceed ten (10).

Floor area is all usable floor space within the exterior walls of a structure.

Fractional ownership shall mean the occupancy or use of a dwelling unit by co-owners pursuant to a fractional ownership plan for any length of time. Fractional ownership includes direct ownership in a property as well as indirect ownership through a corporation, limited liability company or other entity holding title to the property.

Fractional ownership plan means an arrangement whether by tenancy in common, sale, deed or any other means, whereby the purchaser or co-owner receives an ownership interest and the right to use the property for a specific and discernible period through time-based division.

Front, side and rear line of a building shall be deemed and construed to include both the main portion of such structure and all projections therefrom, including any garage, carport or an extended roof beyond the normal eave or cornice forming a cover or roof over an entrance to such dwelling. Any awnings or shutters supported by vertical posts, columns or pipes shall also constitute the building line. The building line shall not include the eaves of such structures nor any open terraces, stoops, steps, or planting boxes which do not extend more than four (4) feet above the level of the yard grade.

Exception. Cantilevered canvas awnings may extend no more than eight (8) feet into the required front, side or rear setback and shall be set back two (2) feet from the side property line.

Front yard is that area between the front building line and the front line of the lot, and extending from one (1) side line to the other.

Lamp post is a free standing structure that is not more than four (4) inches in width and depth and/or diameter and not more than eighty-four (84) inches in height. The installation of a lamp post shall comply with all village building, electrical and zoning codes. A lamp post may be installed within the main building setback area.

Landscaped area means a pervious landscaped area unencumbered by structures, buildings, paved parking lots, sidewalks, pools, decks, or any impervious surface. Landscape material shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or mulch or bark.

Liner building means a separate building along a street or other public space that hides parking or blank walls from view.

Living area is that area within any dwelling or rooming unit, measured between the inner sides of the exterior walls, made usable for human habitation, with the following exceptions: Any utility room or storage space that is not accessible from within the principal structure; all common corridors, hallways or exits provided for access or vertical travel between stories of apartments of multifamily units.

Lot is a parcel of land occupied or to be occupied by one (1) main building and its accessory buildings with such open and parking spaces as are required by the provisions of this ordinance, and having its principal frontage upon a street.

Lot of record is a part of the land subdivision, the map of which has been recorded in the office of the clerk of the court of Palm Beach County, Florida.

Mechanical equipment means necessary or accessory equipment mounted on or adjacent to a principal structure, including but not limited to central air conditioning equipment, ventilation equipment, generators, heating equipment, antennas, satellite dishes, refrigeration equipment, household appliances, solar and conventional hot water heaters, elevator machinery and similar type equipment.

Medical or dental office or clinic means a facility providing health care services to the public by physicians, dentists, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, veterinarians, or others who are duly licensed to practice their respective medical or dental profession in the State of Florida, as well as those technicians and assistants who are acting under the supervision and control of a licensed health care practitioner. These uses shall not include establishments where patients are lodged overnight and are subject to additional regulations regarding the dispensing of controlled substances set forth in section 45-36.S of this chapter. Notwithstanding the foregoing, accessory uses for veterinary clinics include day and overnight boarding for patients and outside runs and exercise areas for dogs.

Medical marijuana treatment center dispensing facility. A retail facility established by a licensed medical marijuana treatment center that sells or dispenses marijuana, products containing marijuana, or related supplies, but does not engage in any other activity related to the preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of marijuana, marijuana products, or related supplies.

Mixed-use means a development pattern where complementary uses of land are located within walking distances. Complementary uses may include retail commercial; non-retail commercial such as offices; lodging uses; civic and education uses; and dwellings other than one family detached dwellings.

Mobile home park means a residential tenancy in which a mobile home is placed upon a rented or leased lot in a park in which ten (10) or more lots are offered for rent or lease.

Motel is a group of two (2) or more attached, detached, or semidetached buildings containing guest rooms or apartments with automobile storage or parking space provided in connection therewith, designed and used primarily by automobile transients.

Non-retail commercial means any business classified as other than "retail trade" using the Standard Industrial Code (S.I.C.) System, provided that such business is permitted by the Village Code of Ordinances.

Occupied shall be deemed to include the words "arranged," "designed" or "intended to be occupied."

Open-air pavilion means a detached ancillary structure, open on all sides, with a partial to full roof covering of some type used for recreation, entertainment, contemplation or meditation purposes. This definition shall include all types of chickee or tiki huts, pergolas, gazebos, and other pavilion-type structures.

Personal care shall mean general responsibility for the safety of the resident while inside a residential building. Personal care includes, but is not limited to, daily awareness of the resident's functioning and whereabouts, making and reminding a resident of appointments or providing transportation, the ability and readiness for intervention in the event of a resident experiencing a crisis, and/or supervision in the areas of nutrition and medication.

Pharmacy is an establishment primarily engaged in the retail sale of a variety of prescription and non-prescription drugs and medicines, prosthetic supplies, surgical instruments and supplies, and sale and/or rental of aids for invalids. These uses are subject to additional regulations regarding the dispensing of controlled substances set forth in section 45-36.T of this chapter.

Principal building or structure is the building or structure in which the principal use of the lot is conducted.

Principal use is the primary or predominant use of any lot.

Rear yard is that area between the rear building line and the rear lot line, and extending from one (1) side line to the other. On all lots the rear yard shall be in the rear of the front yard facing the street.

Resident of a community residential home means any of the following: an aged person as defined in F.S. ch. 400; a physically disabled or handicapped person as defined in F.S. ch. 760; a developmentally disabled person as defined in F.S. ch. 393; a nondangerous mentally ill person as defined in F.S. ch. 394; or a child as defined in F.S. ch. 39. Residents, as defined in F.S. chapters 400, 760, 393 and 394, shall not reside in the same community residential home as a child as defined in F.S. ch. 39.

Retail commercial means any business classified as a "retail trade" establishment using the Standard Industrial Code (S.I.C.) System, provided that such business is permitted by the Village Code of Ordinances.

Satellite television antenna is an apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit. Usable satellite signal is a signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television. Satellite dish antennas may be erected as an accessory structure in R-1 and R-2 zoning districts, subject to the following restrictions:

(1)

The satellite television antenna shall be mounted on the ground only, and shall be located only in the rear yard of any lot. The satellite television antenna shall be placed so that there shall be a rear and side yard of not less than five (5) feet, or if a corner lot, a side street yard of not less than twenty (20) feet.

(2)

Such antenna shall not exceed fifteen (15) feet in height, including any platform or structure upon which said antenna is mounted or affixed. Such antenna may not exceed fifteen (15) feet in diameter.

(3)

Installation of a satellite television antenna shall comply with the village building codes, electrical codes, zoning codes and other village codes that may apply thereto.

(4)

Not more than one (1) satellite television antenna shall be allowed on any lot.

(5)

Satellite television antennas shall meet all manufacturer specifications, be of noncombustible and corrosive-resistant material, and be erected in a secure, wind-resistant manner. Every such antenna must be adequately grounded for protection against a direct strike of lightning.

(6)

Satellite television antenna shall be screened from all adjoining private property by an opaque fence, an opaque wall or by natural landscape planting so planted as to provide maximum opacity that is a minimum of six (6) feet in height from grade.

Setback means the distance measured from a side, rear and front lot line or from the currently designated ultimate right-of-way line (i.e., federal, state, county and village) to the closest point within the lot that may be occupied by a building or an accessory structure. Front setbacks shall be based on the platted front line of the property or on the ultimate right-of-way line as determined by the village.

Side yard is that area between the side building line and the side line of the lot and extending from the front building line to the rear building line.

Story is that portion of a building between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between any floor and the ceiling next above it.

Street is any public or private thoroughfare which affords the principal means of access to abutting property. It may be designated on the map as a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or otherwise.

Structure is anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.

Time-share unit is a dwelling unit in which the right of use or occupancy circulates among various persons for specific periods of time less than one (1) year in accordance with a fixed time schedule.

Traditional chickee hut means a type of chickee hut that consists solely of an open-sided wooden hut with a thatched roof of palm or palmetto or other traditional materials constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida and that does not incorporate any electrical, plumbing or other non-wood features.

Transient commercial means any one, or a combination of the following businesses oriented to serving either village residents or the motoring public (i.e. in transit through or visiting the area); (1) the sale of fuel, convenience goods and/or minor vehicular repair services; (2) hotel and/or motel accommodations; (3) restaurant facilities; (4) florist, tobacco store and stand, and hobbies, toys and games.

Use group means any of the four ((4) groups of allowable uses that certain zoning districts employ to define uses that are permitted by right, permitted by special exception only, or are not permitted in that zoning district. The four (4) groups are Residential Uses, Lodging Uses, Business Uses, and Civic & Education Uses. The following terms are used in these use groups:

RESIDENTIAL USE-GROUP DEFINITIONS:

Assisted living facility is defined earlier in section 45-2.

Community Residential Home is defined earlier in section 45-2.

Dwelling, all other dwelling types (see definition of dwelling and dwelling unit earlier in section 45-2).

Dwelling, one family detached (single-family dwelling) is a building containing one (1) dwelling unit that is not attached to any other dwelling by any means (see definition of dwelling and dwelling unit earlier in section 45-2).

Live/work unit is a single dwelling unit in a detached building, or in a multifamily or mixed-use building, that also accommodates permitted commercial uses within the dwelling unit.

Mobile home park is defined earlier in section 45-2.

LODGING USE-GROUP DEFINITIONS:

Bed and breakfast establishment is a dwelling unit or guest rooms personally and physically operated and occupied by an owner or manager where transient guests are permitted to reside and are provided breakfast in exchange for payment.

Hotel is a facility offering transient lodging accommodation to the general public and which may include additional facilities and services such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities.

Motel is defined earlier in section 45-2.

Time-share unit is defined earlier in section 45-2.

BUSINESS USE-GROUP DEFINITIONS:

Adult Entertainment is defined earlier in section 45-2.

Brewery with offsite distribution is an establishment primarily engaged in the production and distribution of beer, ale or other malt beverages, and which may include accessory uses such as tours of the brewery, retail sales, and/or on-site consumption, e.g., a "taproom."

Contractor and trade operation is an establishment that is primarily engaged in providing an off-site service but which maintains a business office and inventory or equipment at a central location, such as a general contractor or subcontractor, pest control operator, caterer, surveyor, etc.

Convenience store with fuel is an establishment that provide limited services primarily to the motoring public such as fuel sales, car washing, or car detailing, and that may also sell merchandise including food and beverages.

Dog daycare is an establishment providing daytime care and training for domestic dogs and other pets.

Drive-through facility is any establishment that provides physical facilities which allow its customers to obtain food or goods, receive services, or be entertained while remaining in their vehicles.

Garage, Parking. A building or structure or portion thereof used exclusively for the storage or parking of automobiles. Service other than storage shall be limited to refueling, lubrication, and detailing.

Heavy commercial and light industrial is any commercial or industrial use that the Village of North Palm allows only in the C-G and I-1 zoning districts or does not allow in any zoning district, including, but not limited to:

• Contractor and trade operation

• Junkyard

• Kennel (commercial)

• Limited access self-storage facility

• Light manufacturing

• Vehicle sales or repair

• Warehouse

Limited access self-storage facility is an enclosed structure primarily for indoor storage.

Medical marijuana treatment center is defined earlier in section 45-2.

Medical marijuana treatment center dispensing facility is defined in in section 45-38 and prohibited in section 45-39.

Offices, general is a room or group of rooms used to conduct the affairs of a business, profession, service, or government and generally furnished with desks tables, files, and communication equipment. A medical or dental office or clinic is not considered 'Offices, general' for purposes of this Code.

Office or clinic, medical or dental (see definition of medical or dental office or clinic earlier in section 45-2; also see additional regulations in subsections 45-36.S and 45-36.T).

Restaurant or cocktail lounge is an establishment where food and drink are prepared, served, and consumed mostly within the principal building; outdoor seating is subject to separate provisions in this Code. A brewpub or brewery taproom shall be considered a restaurant or lounge provided that there is no offsite distribution or wholesaling.

Stores & services, general means establishments that sell food or merchandise or provide personal or professional services, including, but not limited to, the following uses that are defined earlier in section 45-2: drug store; non-retail commercial; office or clinic, medical or dental; personal care; pharmacy; and retail commercial. The following uses are not considered 'Stores & services, general' for purposes of this Code:

• Stores & services, large format

• Adult entertainment

• Contractor and trade operation

• Convenience store with fuel

• Dog daycare

• Drive-through facility (for any use) s

• Garage, parking

• Heavy commercial and light industrial

• Limited access self-storage facilities

• Medical marijuana treatment center

• Medical marijuana treatment center dispensing facility

• Restaurant or cocktail lounge

• Telecommunications antenna

• Vehicle sales or repair

Stores & services, large format has the same meaning as "Stores & services, general" as defined by this Code, except that the establishment contains over fifty thousand (50,000) square feet of enclosed floor area.

Telecommunications antenna include antenna towers (see definition of antenna and antenna tower earlier in section 45-2).

Vehicle sales or repair includes any establishment that repairs or displays and sells new or used motor vehicles including automobiles, motorcycles, golf carts, trucks, watercraft, recreational vehicles, and trailers.

CIVIC & EDUCATION USE-GROUP DEFINITIONS:

Child care facility is defined earlier in section 45-2.

Church or place of worship means a premises or structure used primarily or exclusively for religious worship and related religious services on a permanent basis by a tax-exempt religious group, sect, or denomination registered as a not-for-profit organization pursuant to Section 501(C)(3) of the United States Internal Revenue Code, as amended. A church or place of worship may include retreat site camp, convent, seminary or similar facilities operated for religious activities.

Civic space is a small outdoor space that serves as a focal point for civic and recreational uses. Civic spaces are typically constructed by landowners when they build on adjoining property.

Family day care is defined earlier in section 45-2.

Government buildings are provided by village, state, regional, or federal agencies to carry out public purposes.

Hospital or medical center means a facility which provides primary, secondary, or tertiary medical care, emergency medical services, including preventative medicine, diagnostic medicine, treatment and rehabilitative service, medical training programs, medical research, and may include association with medical schools or medical institutions.

Public space is an outdoor space that is maintained by a government, private or nonprofit entity as a civic amenity for the general public. Public spaces include, but are not limited to, plazas, parks, playgrounds and water accesses.

School, public or private means an institution of learning which conducts regular classes and courses of study required for accreditation as an elementary or secondary school by the State Department of Education of Florida.

Used shall be deemed to include the words "arranged," "designed" or "intended to be used."

Yard is the open space on the same lot with the main building, unoccupied and unobstructed from the ground upward.

Xeriscape means a method of water conservation gained through the utilization of trees, shrubs, vines, plants, groundcover and turf grasses which are drought tolerant. The implementation of appropriate planning and design, use of soil amendments, efficient irrigation, practical turf grass, use of drought tolerant plants, mulches and appropriate maintenance results in reduced water consumption but still provides a very wide range of attractive landscaping alternatives.

(Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82; Ord. No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1, 6-28-90; Ord. No. 21-90, § 1, 6-28-90; Ord. No. 23-90, § 1, 6-28-90; Ord. No. 10-95, § 1, 3-23-95; Ord. No. 23-95, § 1, 7-17-95; Ord. No. 29-95, § 1, 9-28-95; Ord. No. 4-98, § 1, 1-2-98; Ord. No. 05-2001, § 1, 3-8-01; Ord. No. 26-2001, § 1, 8-23-01; Ord. No. 2009-04, § 2, 4-23-09; Ord. No. 2010-21, § 4, 11-18-10; Ord. No. 2011-02, § 2, 2-10-11; Ord. No. 2012-03, § 2, 3-22-12; Ord. No. 2015-10, § 2, 6-11-15; Ord. No. 2017-21, § 2, 12-14-17; Ord. No. 2017-22, § 2, 12-14-17; Ord. No. 2020-06, § 9, 9-24-20; Ord. No. 2022-01, § 2, 1-13-22; Ord. No. 2022-09, § 2, 4-28-22; Ord. No. 2022-10, § 2, 5-12-22)

Cross reference— Definitions for Code in general, § 1-2.

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community.

(1)

It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties.

(2)

That where village codes and ordinances impose a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other rules, regulations, easements, covenants, or agreements, the provisions of Villages codes and ordinances shall control.

(Ord. No. 2020-06, § 10, 9-24-20)

The village council may, from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries or districts or regulations or restrictions herein established, after public hearing.

Any person who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved thereunder, upon conviction thereof shall be punished as provided in section 1-8 [of the village Code], and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any buildings or premises or part thereof, where anything in violation of this ordinance shall be placed, or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith shall each be guilty of a separate offense and upon conviction thereof shall be punished as provided in section 1-8.