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2026-02 Code Amendment - Reorganization and Division of the Community DevelopmentORDINANCE NO. 2026-02 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO RECOGNIZE THE REORGANIZATION AND DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND CLARIFY THE DUTIES OF EACH DIRECTOR; AMENDING ARTICLE III, "ADMINISTRATIVE CODE," OF CHAPTER 2, "ADMINISTRATION" BY AMENDING SECTIONS 2- 40 AND 2-111; AMENDING ARTICLE I11, "CONSTRUCTION REQUIREMENTS," OF CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," BY AMENDING SECTION 5-72; AMENDING ARTICLE III, "APPEARANCE CODE," ARTICLE IV, "ABATEMENT OF UNSAFE OR UNSANITARY BUILDINGS," ARTICLE V, "SIGNS AND OUTDOOR DISPLAYS," AND ARTICLE VI, ';IMPACT FEES," OF CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," BY AMENDING SECTIONS 6-56, 6-59, 6-60, 6-61, 6-74, 6-75, 6-76, 6-79, 6-80, 6-82, 6-83, 6-84, 6-85, 6-111, 6-117, AND 6-124; AMENDING ARTICLE II, "FILLING PERMIT," OF CHAPTER 7, "FILL PERMIT," BY AMENDING SECTIONS 7-18 AND 7-20; AMENDING ARTICLE 1, "ADMINISTRATION," OF CHAPTER 12.5, "FLOOD DAMAGE PROTECTION," BY AMENDING SECTION 12.5-3; AMENDING ARTICLE I1, "GARBAGE, TRASH AND REFUSE," AND ARTICLE IV, "ABATEMENT OF PUBLIC NUISANCES ON PRIVATE PROPERTY," OF CHAPTER 14, "HEALTH AND SANITATION," BY AMENDING SECTIONS 14-27, 14-81, 14-82, AND 14-83; AMENDING ARTICLE I, "PROPERTY MAINTENANCE STANDARDS," AND ARTICLE II, "ABANDONED REAL PROPERTY," OF CHAPTER 15, "HOUSING," BY AMENDING SECTIONS 15-3 AND 15-14; AMENDING ARTICLE VII, "PEDDLERS AND SOLICITORS," OF CHAPTER 17, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," BY AMENDING SECTIONS 17-84, 17-85, 17-88, 17-92, AND 17-93; AMENDING ARTICLE I, "IN GENERAL," ARTICLE IV, "CONCURRENCY MANAGEMENT," AND ARTICLE V, "STORMWATER MANAGEMENT," OF CHAPTER 21, "PLANNING AND DEVELOPMENT," BY AMENDING SECTIONS 21-3,21-44, 21-47, 21-70, AND 21-104; AMENDING ARTICLE II, "WORK PERFORMED WITHIN RIGHTS-OF-WAY," OF CHAPTER 24, "STREETS, SIDEWALKS AND PUBLIC PLACES, -'BY AMENDING SECTION 24-22; AMENDING ARTICLE II, "GENERALLY," ARTICLE III, "DISTRICT REGULATIONS," ARTICLE VI, "REZONINGS; VARIANCES; WAIVERS; ADMINISTRATIVE APPEALS," AND ARTICLE VIII, "LANDSCAPING," OF APPENDIX C (CHAPTER 45), "ZONING," BY AMENDING SECTIONS 45 -16.1,45 -16.2,45 -20,45 -25,45-27,45- 34.1, 5-16.1,45-16.2,45-20,45-25,45-27,45- 34.1, 45-35.1, 45-36, 45-37, 45-38, 45-50, 45-51, AND 45-82; AMENDING APPENDIX A, "APPEARANCE PLAN," BY AMENDING SECTION I, ';BASIS FOR APPEARANCE PLAN;" AMENDING THE VILLAGE CODE TO CHANGE ALL CODE REFERENCES FROM THE PLANNING COMMISSION TO THE PLANNING, ZONING AND ADJUSTMENT BOARD; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Page 1 of 32 WHEREAS, through the adoption of Resolution No. 2025-54, the Village Council approved the redesignation of the Building and Zoning Department as the Community Development Department, with two separate director positions: the Director of Planning and Economic Development, overseeing all planning and zoning and code compliance functions, and the Director of Building, overseeing all permitting and inspection functions; and WHEREAS, the Village Council wishes to revise the Village Code of Ordinances to reflect the current configuration of the Community Development Department and the responsibilities of each Department director and determines that the adoption of this Ordinance is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Article III, "Administrative Code," of Chapter 2, "Administration," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is stri ,vo„ thfe o): ARTICLE III. ADMINISTRATIVE CODE DIVISION 1. GENERALLY. Sec. 2-40. Departmental organization. (a) The administrative service of the village shall be divided under the chief administrator (village manager) into the following departments and heads thereof: (5) Department of community development, director of eemmu-n4y developmen* planning and economic development and director of building. DIVISION 11. DEPARTMENT OF COMMUNITY DEVELOPMENT Sec. 2-111. Director's duties. The department of community development shall have two directors. The director of eam unity development planning and economic development shall be responsible for all matters relating to planning and zoning, building per- itting an oeetion, and code compliance. The director of buildinij shall be responsible for all matters relating to building permitting and inspection. Page 2 of 32 Section 3. The Village Council hereby amends Article III, "Construction Requirements," of Chapter 5, "Boats, Docks and Waterways," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is strieken through): See. 5-72. Minimum design requirements for seawalls. All bulkheads and seawalls constructed shall within the village shall comply with the dimensional and compatibility requirements of this section. The provisions of this section shall not apply to repairs to existing bulkheads and seawalls where the total cost of the repairs is less than fifty (50) percent of the replacement cost of the bulkhead or seawall. (3) The seawall or bulkhead cap shall be placed at the following established minimums and maximum cap elevations: Property Location Minimum Cap Maximum Cap Elevation (NAVD88) Elevation Zone X & X500 - not Four feet (4') Six inches (6") above grade or four feet and six in the FEMA Special NAVD88 inches (4'6") NAVD88, whichever is greater. Flood Hazard Area or The grade (natural elevation) shall be Coastal High Hazard calculated by selecting a minimum of two (2) Area elevation points within 1 foot (1') of the rear property line on each adjoining side property line and calculating the average of the selected elevation points. In the FEMA Special Four feet (4') Six inches (6") above grade as defined above or Flood Hazard Area or NAVD88 five feet (5') NAVD88, whichever is greater. Coastal High Hazard Area with an established base flood elevation (BFE) In the FEMA Special Five feet (5') Six inches (6") above grade as defined above, Flood Hazard Area or NAVD88 or six (6') NAVD88, whichever is greater; or Coastal High Hazard Area with an Equal in elevation to BFE shown on the flood established base flood insurance rate map published by the Federal elevation (BFE), and Emergency Management Agency (FEMA), in the waters of the provided that mitigation measures for aesthetic Intracoastal, Lake compatibility and other impacts to adjacent Worth or the Atlantic properties for seawall cap heights greater than Ocean six feet (6') NAVD88 are approved by the Community Planning and Economic Development Director; the Village Engineer and the Building O€fi-i4 Director. Page 3 of 32 Section 4. The Village Council hereby amends Article III, "Appearance Code," of Chapter 6, "Buildings and Building Regulations," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is strieken thr^uo): DIVISION 3. SITE PLAN AND APPEARANCE REVIEW. Sec. 6-56. Application requirements. Applications for site plan and/or appearance review must include sufficient information to demonstrate compliance with all village requirements. Plans must be professionally prepared and drawn to scale with accurate dimensions, and must include the following unless waived by the eommunity planning and economic development director: Jk X (2) A boundary sketch including the total area, dimensions, and legal description for the property. The eammunity planning and economic development director may require a survey if deemed necessary to facilitate review of the application. Sec. 6-59. Approval by planning, zoning and adjustment board �. No building or other permit otherwise required under the ordinances of the village shall be approved by the community planning and economic development director except upon the granting of site plan and appearance approval by the planning, zoning and adjustment board eem . . , or on appeal, approval by the village council (see section 6-35). The foregoing requirements shall not preclude the issuance of permits without such approval if the communit) planning and economic development director determines that any of the following apply: (4) Any deviations from a valid site plan and appearance approval are minor and not substantial or had been authorized by conditions placed on the site plan and appearance approval. Unless authorized by prior conditions, the following types of deviations may never be considered minor or not substantial: increasing residential density; increasing the horizontal or vertical size of a building; and/or adding land uses that had previously been excluded. The director must document any such Page 4 of 32 determination with an explanation of why i -s it was deemed minor or had been authorized. The director must forward this determination to the planning, zoning and adjustment board �, and also to the village council if the site plan and appearance approval had been appealed to or considered by the village council. Sec. 6-60. Follow-up by community development department. Upon the granting of site plan and appearance approval, the community planning and economic development director will retain the exterior drawings, sketches, landscape and site plans, renderings and materials upon which such approval was granted to determine, from time to time as the project is in progress and finally upon its completion, that there have been no unauthorized deviations from the evidence upon which the granting of the approval was originally based. The community development department shall not issue a certificate of occupancy or final inspection approval for any building or structure where there have been any unauthorized deviations from the site plan and appearance approval. Sec. 6-61. Expiration of site plan and appearance approval. x x x (b) No later than three (3) months prior to the expiration of the two-year period, the applicant may request an extension of up to one (1) year to commence development. Such extension may be granted by the eemmnty planning and economic development director for good cause shown. X Section 5. The Village Council hereby amends Article IV, "Abatement of Unsafe or Unsanitary Buildings," of Chapter 6, `Buildings and Building Regulations," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language iseron thio Th): Sec. 6-74. Enforcement and right of entry. (a) The provisions of this article shall be enforced by the ^,,w,w,unity development building director. (b) The community Ele elopment building director or his/her authorized designee, in accordance with the provisions of this section, may enter any building or premises at all reasonable times to make an inspection or enforce any of the provisions of this article. In cases of emergencies or exigent circumstances where extreme hazards are known to exist, the co�.��.�unit , development buildin director may enter the building, structure, or premises at any time. (c) When attempting to enter a building, structure or premises that is occupied, the community '^ve'^„me^' buildin,z director or his/her authorized designee shall Page 5 of 32 first identify him or herself, display proper credentials and request entry. If the building, structure, or premises is unoccupied, the eefnHiunity development building director shall first make a reasonable effort to locate the owner or other persons having charge of the building and request entry. If entry is refused, or if the owner or other persons having charge of an unoccupied building cannot be located, the eemm unity de-vel^^m^^* building director shall have recourse to every remedy provided by law to secure entry, including an inspection warrant. d When the community development building director or his/her authorized designee shall have obtained permission to enter, secured an inspection warrant, or obtained another remedy provided by law to secure entry, no person shall fail, after proper credentials are displayed, to promptly permit entry into the building, structure or premises by the ee.. munity ddevelopment building director or his/her authorized designee for the purpose of inspection and examination pursuant to this section. Any person violating this section may be prosecuted within the limits of the law. Sec. 6-75. Inspection. The eommunity development. building director shall inspect, or cause to be inspected, any building, structure or portion thereof which is or may be unsafe or unsanitary. After the e^munity development building director has inspected or caused to be inspected a building, structure or portion thereof, and has determined that such building, structure or portion thereof is unsafe or unsanitary, he/she shall initiate proceedings to cause the abatement of the unsafe or unsanitary condition by repair, vacation or demolition, or any combination thereof. See. 6-76. Violations. (a) Whenever the eemmunity development building director has determined that such structure, property or portion thereof is unsafe or unsanitary, the e^ nity development building director shall prepare a written notice of violation to be issued to the owner of record and all interested parties (defined as any person or entity having a legal or equitable interest in the property by virtue of a mortgage, lien or similar instrument) as identified by a search of the public records in and for Palm Beach County. (b) The notice of violation shall contain, but not be limited to, the following information: (1) The street address, legal description and property control number of the building, structure or property. (2) A statement indicating the building or structure has been declared unsafe or unsanitary by the comm „nity development building director, and a summary of the conditions that led to the e unit" deve-lopment building director's determination. Page 6 of 32 (3) A statement advising that if the following required action as determined by the eeni ,,unit., development building director is not commenced within or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed. a. If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within thirty (30) days and continued to completion within such time as the community development building director determines. b. If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed. C. If the building or structure is to be demolished, the notice shall require that all required permits for demolition be secured and that the demolition be completed within such time as determined reasonable by the community development building director. If the building is occupied, the notice shall require that the premises be vacated within thirty (30) days. (5) State that the community -development building director may cause the work to be done and after such repair, reconstruction, alteration, removal and/or demolition by or on behalf of the development building director, the village may record a lien against the property in accordance with this article to recover the costs incurred by the village in performing the work. (c) If a building or structure is not brought into compliance in accordance with the notice or a hearing is not timely requested, a notice of pending administrative action shall be recorded with the county clerk of court, served upon the property owner and other interested parties as indicated below and contain the name of the property owner, the property address and legal description. This notice shall remain until such time as the conditions rendering the building or structure unsafe have been abated. At such time, the community development building director shall file a release of the notice of pending administration with the county clerk of court. See. 6-79. Hearing. Page 7 of 32 (b) Any interested party entitled to notice may request a hearing before the special magistrate. Such request must be in writing and received by the community developme^* building director within fifteen (15) days from the date of service and must contain, at a minimum, the following: (1) Identification of the building or structure by street address; (2) Legal interest of person requesting the hearing; (3) Statement detailing the issues on which he or she desires to be heard; (4) The legal signature of the person requesting the hearing, his or her telephone number and mailing address. Upon timely receipt of the request, the eemmunity development building director shall schedule a hearing before the special magistrate as soon as practicable. Written notice of the hearing shall be delivered personally or by certified mail, return receipt requested, to the party requesting the hearing at the address provided in the request. See. 6-80. Implementation. (a) If no hearing is timely requested as set forth above, the eemmunity deve opme * building director may take action to repair or reconstruct the building, structure or portion thereof and/or to cause the building or structure to be removed or demolished if required by the notice. (b) If a hearing is requested, and the special magistrate determines: (1) That the condition exists as set forth in the notice of violation, and that the remedial action required in the notice has not been voluntarily completed by the property owner, or other legally interested party, the special magistrate shall issue a written order authorizing the eommunity development building director to repair, reconstruct the building, structure or portion thereof and/or to cause the building or structure to be removed or demolished. (2) That the condition, as set forth in the notice of violation does not exist or has been corrected as required by the notice of violation, the notice of violation shall be dismissed by written order of the special magistrate and the notice of pending administrative action shall be released. (c) The cvi"i munit y development building director may, upon written request of the property owner, grant an extension of time as the conimunity development building director may determine to be reasonable to complete the required remedial action. If the extensions of time, in total, exceed one hundred twenty (120) days, the special magistrate, without further public hearing, must also approve the extension. Page 8 of 32 Sec. 6-82. Performance of work. The repair or demolition of an unsafe building or structure as required in the notice by the eommunity deve-lopment building director or the final decision by the special magistrate shall be performed in an expeditious and workmanlike manner in accordance with the requirements of all applicable codes and accepted engineering practice standards. Sec. 6-83. Recovery of costs. (b) The ee r. ttnity development building director shall certify the costs borne by the village, as described above, and shall serve such cost certification upon the property owner by certified mail return receipt requested and by first class mail. This cost certification is a demand for payment from the property owner. Sec. 6-84. Imposition of lien. (a) If the owner fails to make payment within thirty (30) days of the issuance of the „^,,,,,,unity Elevelopme^* building director's cost certification, the amount of the certified costs shall be assessed by the special magistrate against the affected land and such special assessment shall create and constitute a lien against such land, payable to the village. Sec. 6-85. Authority to expend funds. Nothing contained herein shall require the village council to appropriate or expend any funds to carry out the purpose of this section. The authority granted herein is permissive and shall not be construed to impose an obligation on the eemmunity development building director or the village. Section 6. The Village Council hereby amends Article V, "Signs and Outdoor Displays," of Chapter 6, `Buildings and Building Regulations," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language isstr-ie'ro„ through): Sec. 6-111. General provisions. (E) Variance. Page 9 of 32 (3) All applications for variances to regulations established by this article shall be filed with the eemmunity planning and economic development director upon a form supplied by the village. The application shall be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget. Sec. 6-117. Design, construction, and location standards. (I) Sign concept for multiple occupancy complexes. A sign concept for building wall signs to be placed on multiple occupancy complexes shall be approved prior to a building wall sign being permitted to be constructed, altered or remodeled after the effective date of this code. The sign concept shall be included as a submittal for authorization to erect such a sign and shall be maintained on file in the department of community development. As a minimum, the sign concept shall specify the types, dimensions, placement, colors, and shape of the signs and the style of lettering which shall lend a unified appearance to the signs of the occupants of the complex. The sign concept shall only be modified with the approval of the planning commission upon submission of a revised plan and specifications detailing the revised concept. The term sign concept shall include any master sign plan approval meeting the requirements of this subsection. Permits for building wall signs determined by the community planning and economic development director or the director's designee to be in conformance with the approved sign concept and determined by the building official to be in compliance with all other requirements of this chapter may be issued without additional planning commission review or approval as otherwise required by article III of this chapter. Section 7. The Village Council hereby amends Article VI, "Impact Fees,"of Chapter 6, "Buildings and Building Regulations," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is stricken through): Sec. 6-124. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Page 10 of 32 Director means the community development building director or other village employee designated by the director to review applications for building permits that require impact fee payments pursuant to this article. Section 8. The Village Council hereby amends Article I1, "Filling Permit,'' of Chapter 7, "Fill Permits," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is �cke thr-a tg ): Sec. 7-18. Application; issuance. (a) Applications for the permit required by this article shall be in writing and directed to the community development building director and shall be accompanied by a surveyor's sketch plan of what is proposed to be done and shall also show the details of any proposed construction, the proposed area to be filled, the area to be dredged for procuring fill materials, if the proposed construction is intended to be created from dredged material, and such other information and data as may be pertinent to the proposed filling. Sec. 7-20. Expiration date; renewal; revocation. (a) All permits issued under this article shall be valid for a period of two (2) years from the date thereof, but shall be automatically revoked if the proposed work is not completed within such period except for good cause shown. (b) The renewal of any permit prior to sixty (60) days after its expiration may be granted by the car ri,unit y development,building director for good cause shown. Section 9. The Village Council hereby amends Article I, "Administration," of Chapter 12.5, "Flood Damage Protection," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is stfieken thfa„b4): Sec. 12.5-3. Duties and powers of the floodplain administrator. (a) Designation. The Village Planner is designated as the Floodplain Administrator or as designated by the ('*,,,,,,unity Development Planning and Economic Development Director. The Floodplain Administrator may delegate performance of certain duties to other employees. Page 11 of 32 Section 10. The Village Council hereby amends Article II, "Garbage, Trash and Refuse," of Chapter 14, "Health and Sanitation," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is stricken thro g ): Sec. 14-27. Collection of residential yard waste. (d) Assessment of costs. (4) The assessment shall bear interest at the current legal rate of interest per annum as provided by law and shall constitute a lien upon the land from the date of the recording of the assessment. Lien assessments may be enforced by civil action in the appropriate court of competent jurisdiction. The lien shall continue in full force until discharged by payment or otherwise or until settled and released by the cofnHitinity planning and economic development director or the village manager. Section 11. The Village Council hereby amends Article IV, "Abatement of Public Nuisances on Private Property," of Chapter 14, "Health and Sanitation," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is strieken through): Sec. 14-81. Notice of public nuisance; right to request hearing. (b) The village's community planning and economic development director or designee is hereby authorized and directed to notify in writing the owner of any property upon which a public nuisance exists, as specified in section 14- 80 above. The notice shall detail the nature of the public nuisance, the method(s) of correction, and the date by which corrective action must be completed, which shall be at least ten (10) days from the date of the notice. The notice shall further advise the property owner of the right to request a hearing as specified below, and that the failure to abate the nuisance will result in the village taking corrective action and the assessment of costs and imposition of a lien against the property. Page 12 of 32 Sec. 14-82. Abatement of public nuisance. If no hearing has been requested and the condition described in the notice has not been corrected by the date specified in the notice, or if a hearing has been held and the special magistrate has ruled adversely to the property owner, the planning and economic development director is authorized with approval of the village manager to cause the nuisance to be abated by the village or its agents at the expense of the property owner. Sec. 14-83. Assessment of costs and imposition of lien. (a) When the village has abated or contracted for the abatement of a public nuisance as authorized by this article, the village eommunity planning and economic development director or village manager shall certify the costs incurred in remedying the condition, in addition to a two hundred fifty dollar ($250.00) administrative fee, and assess that amount against the property. The assessment shall contain the legal description of the property, the street address, and the total amount of the assessment. The village shall mail the assessment to the property owner via both certified mail, return receipt requested, and regular U.S. mail and provide the property owner fifteen (15) days from the date of mailing in which to pay the assessment. (c) The assessment shall bear interest at the current legal rate of interest per annum as provided by law and shall constitute a lien upon the land from the date of the assessment. Lien assessments may be enforced by civil action in the appropriate court of competent jurisdiction. The lien created shall be a first lien, equal to a lien for nonpayment of property taxes, on any property against which an assessment for costs to abate a nuisance has been recorded. The lien shall continue in frill force until discharged by payment or otherwise or until settled and released by the eemmunity planning and economic development director or the village manager. Section 12. The Village Council hereby amends Article I, "Property Maintenance Standards," of Chapter 15, "Housing," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is strie e thr-e ub'�): Sec. 15-3. Exterior of structures. X :E (n) Parking areas. All off-street parking spaces and driveways shall be asphalt, concrete, block, stone, brick or similar smooth durable surface or durable surface as approved by the community planning and economic development director. All off-street parking and driveways shall be kept in good repair and sound structural condition. Asphalt, Page 13 of 32 concrete, and brick paver surfaces shall not show signs of excessive surface deterioration, such as potholes and substantial cracks. All driveways shall be free of mold, mildew and errant vegetation. Stone surface driveways shall be maintained in a neat appearance and bordered. Stone material shall be so maintained as to not spread onto public streets and sidewalks. Section 13. The Village Council hereby amends Article I1, "Abandoned Real Property," of Chapter 15, "Housing," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is str ekes through): Sec. 15-14. Registration of abandoned property. (a) Any mortgagee who holds a mortgage on real property located within the village that is improved with a residential building shall perform an inspection of the property that is the security for the mortgage upon the issuance of a notice of default and the expiration of any cure period set forth in the mortgage documents. If such property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within ten (10) days of the inspection, register the property with the Eemmunit3planning and economic development director, or his or her designee, on forms provided by the village. A registration is required for each vacant property or dwelling unit within a multi -family dwelling. Section 14. The Village Council hereby amends Article VII, "Peddlers and Solicitors," of Chapter 17, "Licenses and Miscellaneous Building Regulations," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is stri �� ken through): ): Sec. 17-84. Application for permit or license. (a) Applicants for issuance of a permit pursuant to this article must file with the Eemmunit3` planning and economic development director a sworn application in writing, which shall be accompanied by the application fee established by the village council. The application shall, at a minimum, include the following information: Sec. 17-85. Granting or rejecting application. Page 14 of 32 The eemmunity planning and economic development director shall consider each application for a permit filed pursuant to this article and with the consent of the village manager shall either grant or reject such application and give prompt notice of such action to the applicant. Sec. 17-88. Limitation on hours for peddling or solicitation. No person holding a permit issued pursuant to this article shall engage in any solicitation or peddling on Sundays and shall only engage in such activities within the hours of 9:00 a.m. and 8:00 p.m. the remainder of week (except by appointment or invitation of the person or occupant of a residence), unless specific authorization to the contrary is first obtained from the eemmunity planning and economic development director. Sec. 17-92. Revocation of permit. If a permit holder fails to comply with the provisions of this article or the community planning and economic development director subsequently determines that information set forth in the application was false or misleading, the eofnmtinit� planning and economic development director with the consent of the village manager may revoke the permit and give prompt notice of such action to the permit holder. Sec. 17-93. Appeal. Any person aggrieved by the action of the community planning and economic development director or village manager in the denial or revocation of a permit as provided by this article shall have the right to appeal to the village council by filing written notice thereof with the village clerk within fourteen (14) days of such denial or revocation and setting forth the grounds for the appeal. The council shall set a time and place for hearing on such appeal and shall so notify the applicant, by mail, not less than five (5) days prior to such scheduled hearing. x Section 15. The Village Council hereby amends Article I, "In General," of Chapter 21, "Planning and Development," of the Village Code of Ordinances to read as follows (additional language is L nderlined and deleted language is str-ie en thr-o tg ): Sec. 21-3. Public notice requirements for development applications and approvals. Page 15 of 32 (b) Mailing requirements. (2) All notices shall be provided by first-class mail, unless otherwise required by the community planning and economic development director. Mail notice shall be postmarked no later than the minimum number of calendar days as required in subsection (a) above. (c) Posting requirements. (1) The applicant shall provide the signs, subject to the criteria for size and contents established by the community planning and economic development director. Section 16. The Village Council hereby amends Article IV, "Concurrency Management," of Chapter 21, "Planning and Development," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is stficke thFe , ): See. 21-44. Definitions. x Adequate public facilities determination means a determination approved by the director of community planning and economic development, pursuant to the terms of this article, that serves as a conditional statement that, based upon existing public facility capacity and planned public facility capacity, adequate public facilities are thought to be available to serve development at the time of the approval of the adequate public facilities determination. A subsequent application for a development permit for development that has been approved based upon adequate public facilities determination shall be required to receive a new adequate public facilities determination, or certificate of concurrency reservation, whichever is appropriate. Certificate of concurrency reservation means a certificate approved by the director of eemmunity planning and economic development pursuant to the terms of this article that constitutes proof of adequate public facilities to serve the proposed development. A subsequent application for a development permit for development for which a certificate of concurrency reservation has been approved, shall be determined to have adequate public facilities as long as the development order for which the certificate of concurrency reservation was approved has not expired, and the development is not altered to increase the impact of development on public facilities. Page 16 of 32 Sec. 21-47. Regulatory program; review of development to ensure adequate public facilities are available. (c) Review to determine public facility adequacy. (2) Rules ofgeneral applicability. a. Timing. An application for an adequate public facilities determination or a certificate of concurrency reservation may be submitted at any time during the year. Review of the application shall be initiated by the director of sommunit3 planning and community development pursuant to subsection (c)(4) upon receipt of a complete application. Any application containing false information may be rejected and any adequate public facilities determination or certificate of concurrency reservation issued based upon false information may be revoked. e. Effect. 3. Conditional certificate of concurrency reservation. Receipt of conditional certificate of concurrency reservation is a statement that an application for a certificate of concurrency reservation considered in conjunction with a development agreement has been conditionally approved by the director of community planning and economic development because it is demonstrated that (a) existing available public facility capacity up to an amount sufficient to serve the proposed development has been reserved; (b) 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; (c) a request has been made for the consideration and approval of a development agreement concurrent with the application for development permit to accommodate the balance of public Page 17 of 32 facility capacity needs for the proposed development, and (d) final approval of a certificate of concurrency reservation is conditional on the concurrent approval of a development agreement and a development order for the proposed development. When the conditional certificate of concurrency reservation is considered in conjunction with the development agreement and application for development permit and all the public facility component standards of subsection (c)(6) are met, it shall be approved as a certificate of concurrency reservation. X J< (4) Procedure for review of application. a. Submission of application. An application for either an adequate public facilities determination or a certificate of concurrency reservation shall be submitted at any time during the year, to the department of community development in a form established by the director of planning and economic development and made available to the public. Review of the application shall be initiated by the director of eemmunit3lanning and economic development pursuant to subsection (c)(2)a. Any application containing false information may be rejected and any adequate public facilities determination or certificate of concurrency reservation issued based upon false information may be revoked. b. Determination of completeness and review. Determination of completeness. After receipt of an application for certificate of concurrency reservation, the director of community planning and economic development shall determine, within fifteen (15) days of initiation of processing, whether it is complete and includes data necessary to evaluate the application. If it is determined that the application is not complete, written notice shall be served on the applicant specifying deficiencies. The director of saffinqU planning and economic development shall take no further action on the application unless the deficiencies are remedied. Page 18 of 32 2. Revieiv and recommendation of village departments and service providers. When the director of eommunity planning and economic development determines the application is complete, the application shall be forwarded to village departments and service providers for review. Within fifteen (15) days, the village departments and service providers shall provide a statement as to whether or not adequate public facilities are available, pursuant to the standards of subsection (c)(5) or (c)(6), whichever is appropriate. 3. Decision to issue or deny. (a) Adequate public facilities determination. Upon receipt of a statement from the village departments and service providers regarding an application for an adequate public facilities determination, the director of community planning and economic development shall review the statements and the application within ten (10) days, and determine if it complies with all the public facility component standards of subsection (c)5. If the application complies with all of the public facility component standards in subsection (c)(5), the director of unity planning and economic development shall issue an adequate public facilities determination. (b) Certificate of concurrency reservation. Upon receipt of a statement from the village departments and service providers regarding the application for a certificate of concurrency reservation, the director of eemmuni-ty planning and economic development shall review the statements and the application within ten (10) days, and determine if it complies with all the public facility component standards of subsection (c)(6). If the director determines that the application complies with all of the public facility component standards of subsection (c)(6), the director of ems)' Page 19 of 32 planning and economic developme"* shall recommend that the planning_ zoning and adjustment board cvrniz review and recommend to the village council that the council issue a certificate of concurrency reservation. If the director of planning and economic development or the planning, zoning and adjustment board or the village council determines that an application fails to meet any one (1) of the public facility component standards of subsection (c)(6), the applicant shall be notified of such deficiency, and may, in the case of a certificate of concurrency reservation, remedy the application through a development agreement or other means within ninety (90) days. If during the ninety -day period, the applicant resolves the deficiencies, the application shall be reconsidered by the village council and approved, approved with conditions, or denied, consistent with the standards in subsection (c)(6). In the case of a conditional certificate of concurrency reservation, the applicant may request approval of conditional certificate of concurrency reservation. A conditional certificate of concurrency reservation shall be approved by the village council if it is demonstrated that: X J< Section 17. The Village Council hereby amends Article V, "Stormwater Management," of Chapter 21, "Planning and Development,'' of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is ieke *'ir^tighl. See. 21-70. Water quality (a) Definitions. X (2) Director: The director of eemmanit� planning and economic development Page 20 of 32 (c) Construction site runoff. To protect and preserve water quality, Best Management Practices (BMPs) for construction site runoff shall be employed. During construction projects involving a substantial improvement, or for parcels one acre or larger, or when deemed necessary by the Comte Planning and Economic Development Director, projects shall provide a stormwater pollution prevention plan or an equivalent document. The stormwater pollution prevention plan shall include the installation of erosion and sediment controls, including a silt fence and crushed rock to stabilize areas used for mobilization. The construction site operator is required to take corrective action as needed and conduct inspections of the stormwater pollution controls every seven (7) days or when one-half inch (0.5") or greater of rainfall occurs within a twenty-four (24) hour period. All controls shall be consistent with the performance standards for erosion and sediment control contained in the Erosion and Sediment Control Designer and Reviewer Manual prepared by the Florida Department of Transportation and the Florida Department of Environmental Protection, as well as the Village's Erosion and Sediment Control Policy. Section 18. The Village Council hereby amends Article VI, "Archaeological Site Protection Regulations," of Chapter 21, "Planning and Development," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is strickenthfetw, ): Sec. 21-104. - Development subject to archaeological review. Development shall be subject to this article as follows: (a) Previously unidentified archaeological sites discovered during development. When one or more artifacts of human skeletal or fossilized remains or non -human vertebrate fossils are found on a site during development, all development activity directly over the find shall cease. The following procedure shall apply: (3) Within three (3) working days, the archaeologist consultant to the village shall inspect and evaluate the site for the purpose of determining whether artifacts or human skeletal or fossilized remains or non -human vertebrate fossils are located on a site. If the qualified archaeologist determines a significant archaeological resource is on site or likely to be on site, the director of the Eommunity planning and economic development depart shall issue an order suspending construction and Page 21 of 32 define the area where the order suspending construction applies, based upon the archaeologist's assessment. Such order does not have the effect of a stop work order and shall not stop construction activity not directly impacting the defined potential archaeological site; (4) The archaeologist consultant shall evaluate the significance of the archaeological find and send a written archaeological evaluation report to the property owner and director of the eOMMURy planning and economic development d€pal4nient within seven (7) working days from issuance of the suspension order; and Section 19. The Village Council hereby amends Article II, "Work Performed Within Rights -of - Way,'' of Chapter 24, "Streets, Sidewalks and Public Places," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is strieken through): Sec. 24-22. - Permit revocation and penalties. (b) Other Fines. Where a permittee fails to comply with other conditions of the permit, including but not limited to: failure to post the permit, failure to remove "red -tagged" barricades and/or signage within the twenty-four (24) hour period, where an emergency does not exist, the eefnmtinity planning and economic development director, or designee, shall cause the permittee to be served by certified mail or hand delivery, or as otherwise provided by state law, at the permittee's business address as disclosed in the application for the permit, a notice of permit violation and intent to fine. The notice shall include the facts or circumstances that warrant the intended fine. Fines to be charged shall be established by resolution of the village council. The permittee shall be given adequate opportunity to request a prior administrative hearing before the code enforcement special magistrate. Section 20. The Village Council hereby amends Article II, `'Generally," of Appendix C (Chapter 45) of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is stfie en through): Sec. 45-16.1. Similar uses. (a) The eemmunity planning and economic development director shall determine which uses proposed within a commercial or mixed-use zoning district have Page 22 of 32 substantially the same characteristics as a use specifically listed as a permitted use. Proposed uses with characteristics that are similar to a permitted use, but not substantially the same, may be established only upon written application to the community development director for a special use permit. (b) In evaluating an application for a special use permit for the establishment of a similar use, the eemmunity planning and economic development director shall, in consultation with other village departments, consider the characteristics of the proposed use, including, but not limited to, size, intensity, density, operating hours, demands for public facilities, traffic impacts and business practices. (c) Upon review and evaluation of the application, the eammtinity planning and economic development director shall present his or her recommendation to the village council for final consideration on the next available council agenda. (f) If the conditions imposed by the special use permit are not met, the community planning and economic development director may revoke the permit. A permit holder may appeal the revocation of a special use permit by filing an appeal, in writing, to the Planning Commission within thirty (30) days of receipt of written notice of revocation. Sec. 45-16.2. Special exception uses. (e) Procedure. (1) The special exception use shall be subject to preliminary review by the community development department. Once the planning and economic development director certifies that the application is complete, the director shall forward it to the planning commission for a public hearing. (2) The planning, zoning and adjustment board mon shall review the application and forward a recommendation of approval, approval with conditions or denial to the village council. If the special exception request was included with a site plan and appearance application, the planning commission shall forward the complete application to the village council for final decision. Sec. 45-20. Adult entertainment establishment. (4) Prohibited locations. Page 23 of 32 (b) In addition to the distance requirements set forth in subsection (a), an adult entertainment establishment shall not be allowed to open, exist or do business anywhere except in the C -S and C -G zoning district where adult entertainment establishments are an expressly permitted use subject to review by the village director of community planning and economic development for conformance with the requirements of the village's land development regulations. Sec. 45-25. Reasonable accommodation procedure. (c) Procedure. 3. The Community Planning and Economic Development Director, or his/her designee, shall have the authority to consider and make a recommendation to the Village Council on requests for reasonable accommodation. The Community Planning and Economic Development Director, or his/her designee, shall issue a written recommendation within forty-five (45) calendar days of the date of receipt of a completed application and may recommend: a. Granting the accommodation request; b. Granting a portion of the request and denying a portion of the request, and/or imposing conditions upon the grant of the request; or C. Denying the request. If reasonably necessary to reach a recommendation on the request for reasonable accommodation, the Community Planning and Economic Development Director, or his/her designee, may, prior to the end of said forty -five-day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) calendar days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the forty -five-day period to issue a written recommendation shall no longer be applicable, and the Community Planning and Economic Development Director, or his/her designee, shall issue a written recommendation within thirty (30) calendar days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen -day period, the Community Planning and Economic Development Director, or his/her designee, shall issue a written notice advising that the requesting party has failed to timely submit the additional information, and therefore the Page 24 of 32 request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the Village with regard to said reasonable accommodation request shall be required. Once the written recommendation is complete, the Gernmunity Planning and Economic Development Director shall request that the Village Manager place the matter on the next available Village Council agenda. Along with the written recommendation, the Community Planning and Economic Development Director shall provide the Village Council with copies of all materials considered by the Community Planning and Economic Development Director, including, but not limited to, all materials submitted by the requesting party. Other than public comment, no testimony or additional evidence shall be submitted to the Village Council at the public meeting. The Village Council shall, after due consideration of the Gofnmunity Planning and Economic Development Director's written recommendation and all other materials submitted and considered by the (`^,,„-,,unity Planning and Economic Development Director, enter a final written determination accepting, accepting with modification or rejecting the Community Planning and Economic Development Director's written recommendation. The notice of determination shall be sent to the requesting party (i.e., the disabled individual, the qualifying entity or the individual's or entity's representative) by certified mail, return receipt requested. Notice shall be deemed complete when deposited in the U.S. Mail. 4. In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that they are protected under the FHA, ADA or other applicable state or federal regulation by demonstrating that they are handicapped or disabled, as defined in the FHA, ADA or other state or federal regulation. Although the definition of disability is subject to judicial interpretation, for purposes of this section the disabled individual must show: a. A physical or mental impairment which substantially limits one (1) or more major life activities; and b. A record of having such impairment; or C. That they are regarded as having such impairment. The requesting party shall further demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the courts), as well as the applicant's ability to demonstrate compliance with the requirements set forth in subsection (c)(2) above (where applicable) shall be the basis for the Community Planning and Economic Development Director's Page 25 of 32 recommendation and the Village's Council determination on the reasonable accommodation request. Section 21. The Village Council hereby amends Article III, "District Regulations," of Appendix C (Chapter 45) of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is str-ie e through): Sec. 45-27. R-1 single-family dwelling district. G. Off street parking regulations. At least one parking space measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty-two (162) square feet) shall be provided. All parking spaces shall consist of a durable surfaced area as approved by the ee -unit) planning and economic development director, and may be enclosed in the dwelling, in an accessory building or in an unenclosed area or a driveway. All vehicles parking on a lot must be parked on a durable surface. H. Accessory structures. One detached automobile garage and one open-air pavilion may be constructed on any lot within the R-1 single-family dwelling district provided that all requirements of this chapter are met. Open air pavilions shall be subject to the following additional conditions and restrictions: 7. Design. (b) At the request of a property owner, the community planning and economic development director may approve the use of different building materials or alternate architectural themes or styles when such materials, themes or styles are complementary to the main or principal building. (c) Should the eemmunity planning and economic development director deny the request for different building materials or alternate architectural themes or styles, a property owner may appeal this decision to the planning, zoning and adjustment board eemmission by submitting a written request for a hearing to the eemmunity planning and economic development director within thirty (30) calendar days of the date of the determination. The appeal shall be placed on the next available agenda and the decision of the planning commission shall be final, subject only to judicial review by writ of certiorari. Page 26 of 32 Sec. 45-34.1. C-3 regional business district. (10) Special C-3 planned unit development (PUD) provisions. It is the intention of the village to provide a mechanism and process to promote the redevelopment of the obsolete and underutilized areas of the C-3 zoning district with large- scale, master -planned projects that promote: a mix of uses; connectivity; pedestrian -oriented development; removal of surface parking; creation of public/civic gathering spaces; and shopping, entertainment, and restaurant uses within the form of an urban neighborhood incorporating residential development as an integral use. These projects promote the economic and redevelopment goals of the village, and the village has created these planned unit development (PUD) provisions to facilitate these goals. The development regulations applicable within the PUD are not permitted or allowed by right and shall only apply if the village council determines that each of the threshold criteria is met. Properties located in the C-3 zoning district that do not meet the threshold criteria set forth below may utilize the general PUD provisions of section 45-35.1 of this code as set forth in section 45-35.1(D). Properties located in the C-3 zoning district that do meet each of the threshold criteria below may, at the option of the property owner, utilize the following special PUD regulations: d. Application procedures. PUD applications made under this section shall be accompanied by the applicable fee and shall contain the following: X X 8. Conceptual architecture elevations and/or renderings and any other information requested by the comms planning and economic development director. Sec. 45-35.1. Planned unit development. 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 approved. This permit shall specify with particularity the exact modifications to the provisions of this chapter which have been approved by the village council. The holder of this permit may then Page 27 of 32 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. The Eammunity planning and economic development director may adjust a modification to the provisions of this chapter only if the adjustment had been authorized by conditions that the Village Council placed on the planned unit development approval. Sec. 45-36. General provisions. Q. Outdoor seating. (6) Special requirements for the C -MU and C-3 zoning districts. In the C- MU and C-3 zoning districts only, the preceding requirements for outdoor seating are modified as follows: X * X C. Outdoor seating may be provided on in an area designated for parking and/or loading without providing additional parking spaces. However, permission for such outdoor seating would be on a provisional basis and would be subject to revocation as follows: i. Permission may be revoked by the eemmunity planning and economic development director if there is evidence that the permission is contributing to spillover parking on nearby properties. U. Use of portable storage containers and roll -off dumpsters in all zoning districts. (5) Length of time. C. If ongoing construction continues on the property past one hundred and eighty (180) consecutive days, the permit holder for a roll -off dumpster may request one or more extensions of Page 28 of 32 time of up to ninety (90) consecutive days each. For the purpose of this section, ongoing construction means construction - related activities are being carried out on a continuing basis pursuant to a valid permit, with regularly scheduled successful inspections. The planning and economic development director may revoke a permit at any time if the director determines that ongoing construction is no longer occurring on the property. The property owner may challenge the director's revocation of a permit or any extension thereof by requesting a hearing before the code enforcement special magistrate. Sec. 45-37. Historic site overlay district. C. Creation of local register of historic sites. A local register of historic sites is hereby created as a means of identifying and classifying various sites, buildings, structures, objects and districts as historic and/or architecturally significant. The local register will be kept by the director of planning and economic development. X * X H. Certificate of appropriateness. 1. When required. X X b. For each of the regulated work items listed below, the following applies. Ordinary maintenance "ordinary maintenance" work may be done appropriateness. If the work constitutes as defined in this code, the without a certificate of ii. Staff approval. If the work is not "ordinary maintenance," but will result in the "original appearance" as defined in this code, the certificate of appropriateness may be issued by the director of community planning and economic development. Sec. 45-38. I-1 light industrial district. x Page 29 of 32 D. Supplemental use regulations for select permitted or special exception uses. Permitted or special exception uses in the I-1 district shall be subject to the following conditions: 13. Film production studio: b. Film permit: Prior to commencement of any regulated activity related to the production of a film within the Village, a film permit shall be issued by the Director of the Palm Beach County Film and Television Commission. The duration of the permit shall not exceed twenty-four (24) months without approval of the Community Planning and Economic Development Director. J. Off-street parking and loading regulations. 2. Parking spaces required. For each of the uses permitted in subsection C., the Community Planning and Economic Development Director or his or her designee shall determine, prior to the submittal of a site plan application, which of the following general categories of parking spaces requirements shall apply to a specific development concept: Section 22. The Village Council hereby amends Article VI, "Rezonings; Variances; Waivers; Administrative Appeals," of Appendix C (Chapter 45) of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is strieke thr-e ub'�): See. 45-50. Variances. x x x (2) Variance application process. a. Generally. Upon receipt of an application for a variance, the planning and economic development director shall schedule the variance for review and processing. Variances shall be processed and noticed pursuant to section 23-3. Page 30 of 32 b. Application requirements. Variance requests shall contain information sufficient in detail to reasonably apprise the community planning and economic development director or his/her designee, and the planning, zoning and adjustment board of the nature and substance of the proposed variance. Variance requests shall be filed by written application to the community development department. Each application shall be accompanied by the applicable fee and shall contain the following information or as otherwise required on the community development department application submittal checklist: Sec. 45-51. Waivers. (2) An application for such waiver 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 Eofnmunit3planning and economic development director of the village, using forms supplied by the director, who shall transmit the same, together with all the plans, specifications, application materials, and other papers pertaining to the application, to the planning commission. The applicant shall identify each waiver request in writing as part of the application, frilly explaining the nature of the request, the extent to which it departs from a standard zoning regulation, and the basis for which it is sought. Section 23. The Village Council hereby amends Article VIII, "Landscaping," of Appendix C (Chapter 45) of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is strie e thr-a gh): See. 45-82. Administration. C. Modifications. The Community Planning and Economic Development Director may modify a locational requirement for required landscaping if necessary due to site constraints that were discovered after site plan and appearance approval or PUD approval; however, the amount of landscaping may not be reduced. Section 24. The Village Council hereby amends Appendix A, "Appearance Plan," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is strieken b Page 31 of 32 SECTION 1. BASIS FOR APPEARANCE PLAN The Appearance Plan is administered through the Office of the North Palm Beach director of eemmunity planning and economic development. In 1977, the Planning Commission began serving as the Appearance Board and continues to act upon matters relating to appearance as authorized by the Appearance Plan and Code. Section 25. As previously adopted by Section 5 of Ordinance No. 2023-18, all references in the Village Code of Ordinances to the Planning Commission, to the extent not expressly modified herein, shall be amended to reference the Planning, Zoning and Adjustment Board. Section 26. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 27. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Ordinance. Section 28. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 29. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 8TH DAY OF JANUARY, 2026. PLAC OND, FINAL READING AND PASSED THIS 22ND DAY OF JANUARY, 2026. o�•N�RT yA9 AWDA M YO ATT APPROVED AS TO FORM AND LEGAL SUFFICIENC/Y: VILLAGE ATTORNEY Page 32 of 32