HomeMy WebLinkAboutCity of Tamarac Ordinance O-1964-001I T
ORDINANCE NO. 1 --64
AN ORDINANCE IMPLEMENTING TIIE PROVISIONS. OF
CHAPTER 176, FLORIDA STATUTES, BY PROVIDING FOR
A COMPREHENSIVE PLAN OF ZONING FOR TI'[E CITY OF
TAMARAC, 13ROWARD COUNTY, FLORIDA; ESTABLISHING
ZONING DISTRICTS AND PRESCRIBING REGULATIONS
AND RESTRICTIONS WITII RESPECT THERETO; CRi:;11TING
A CITY PLANNING AND ZONING BOARD, PROVIDING FOR
ITS ORGANIZATION, AND PRESCRIBING ITS DUTIES
AND POWERS; CREATING A BOARDS OF ADJUSTMENT,
PROVIDING FOR ITS ORGANIZATION, AND PRESCRIBING
ITS DUTIES AND POWERS; PROVIDING FOR ENFORCE-
MENT OF ZONING REGULATIONS AND RESTRICTIONS,
AND PENALTIES FOR VIOLATION THEREOF; AND PRO-
VIDING FOR CHANGES AND AMENDMENTS TO ZONING
REGULATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA,
AS FOLLOWS, TO -WIT:
r ,i6ARTICLE I.
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SECTION 1.01_ Definitions.
GENERAL PROVISIONS.
For the purpose of this Ordinance, certain terms and
words are herewith defined, to --wit:
(1) Accessory Buildin . A subordinate building which
is located on the same lot as the main building, the
use of which building is clearly incidental to the use
of the main building.
(2) Accessory Uses. Uses customarily incident to the
permitted principal uses.
(3) Apartment, "Apartment" or "Apartment House" is a
building occupied or intended to be occupied by more
than two families, living separately and with separate
kitchens or facilities for doing their own cooking on
the premises, or by more than two families, individuals
or groups of individuals.
(4) Building. Any enclosure having a ,permanent loca-
tion on the land, excepting walls, fences and hedges
not exceeding five feet in height.
(5) Paplex. A building, divided horizontally or
vertically, and designed for or occupied by two single-
family housekeeping units, having one roof and one
dividing partition common to each unit..
(6) Dwellin Multi le-Famil . An apartment as
defined herein.
(7) Dwelling, One -Family. A detached building designed
for or occupied exclusively by one family.
(8) Family. One or more persons living together as a
single housekeeping unit, supplied with a kitchen or
facilities for cooking on the premises.
(9) Lot. A parcel or tract of land fronting on a
street, which is or may be occupied by a building, and
including open spaces required under this Ordinance,
which parcel or tract of land is described by a plat
recorded among the public records of Broward County,
Florida.
(10) Lot, Corner. A lot abutting on two or more inter-
secting streets.
(11) Lot Depth. The distance measured from the mid-
point of the street lot line to the midpoint of the
opposite rear lot line. In the case of a corner lot,
the depth shall be the longer of the two possibilities.
(12) Lot Line. The lines bounding a lot.
(13) Lot Width. The average distance between side lot
lines measured at right angles to the line used to
determine the depth of the lot.
(14) _Mixed Occupancy. Occupancy of a building for
more than one use.
(15) _Non -Conforming Use. Use or occupancy of a building
or land not conforming to the requirements of this
Ordinance.
(16) Parkin2 Space. A parcel of land having an area
of not less than 200 square feet and suitable for the
parking of one automobile, together with necessary and
adequate land for the approach, turning and exit of an
automobile.
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(17) Porch. A roofed space attached to the exterior
wall of a building, open on one,or more sides.
(18) Setback. The minimum horizontal distance between
a building and the boundary lines of the lot on which
the building is located, measured at right angles to
the boundary line.
(19) Street. A public way affording principal means
of access to abutting property.
(20) Structure. Anything constructed or erected, the
use of which requires permanent location on the land,
except hedges, shrubs and trees.
(21) Yard. An open space or area on the same lot as
a building, unoccupied and unobstructed from the ground
upward by any building.
(22) Yard, Front. The yard between the front property
line and the front line of any building, measured at its
least dimension and extending from one side lot line to
the other, exclusive of steps, platforms, open terraces
and walls not exceeding five feet in height.
(23) Yard, Rear. The yard extending across the full
width of the lot between the rear line of any building
and the rear lot line, measured at its least dimension,
exclusive of steps, platforms, open terraces and walls
not exceeding five feet in height.
(24) Yard, Side. The yard expending between a building
and the side lot line, extending from the front yard to
the rear yard, measured at its least dimension, exclu-
sive of steps, platforms, open terraces and walls not
exceeding five feet in height.
SECTION 1.02. Districts Established.
For the purpose of promoting the health, safety, morals
and general welfare of the inhabitants of the City, to secure
safety from fire, panic and other damages, to provide adequate
light and air, to prevent overcrowding of land, to avoid under -
concentration of population, to facilitate the provision of
adequate transportation, water, sewerage disposal, parks and
recreational facilities, and other public requirements, the
corporate area of the City shall be dividible into the follow-
ing zoning districts.
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(1) R-1 District (Single -Family Residence)
(2) R-2 District (Multiple -Family Residence)
(3) C-1 District (Commercial)
SECTION 1.03. Districts Defined.
The Lands within the corporate limits of the City are
hereby divided into zoning districts as shown on, in and by
the comprehensive zoning map, hereinafter referred -to as the
Official Zoning Map, which map is hereby adopted and estab-
lished as the official zoning map of the City. Said Official
Zoning Map is further identified by the signature of -the City
Clerk and bears the seal of the City and is dated ,
1953. All changes made in accordance with law in such zoning
districts or to the boundaries of same shall be made promptly
on said Official Zoning Map, together with an entry as follows:
"Amended by Ord. No, H, which entry shall be signed by
the Clerk. Said Official Zoning Map shall be kept and pre-
served by the City Clerk.
SECTION 1.04. Inter retation, Purpose and Conflict.
In interpreting and applying the provisions of this
Ordinance, they shall be held to be the minimum requirements
for the'promotion of the
I� public health, safety, morals and
general welfare of the community. where this Ordinance imposes
greater restrictions upon the use or occupancy of buildings or
premises or upon the height of buildings, or requires larger
open spaces than are imposed by other ordinances, rules, regu-
lations or by easements, covenants, or agreements, the provisions
of this Ordinance shall. control. If, because of error or omis-
sion in this Ordinance or the Official Zoning Map, any property
within the corporate limits of the City is not shown to be
included in a zoning district, the classification of such prop-
erty shall be k-1 (Single -Family District), unless changes by
an amendment to this Ordinance.
SECTION 1.05. Errors and Violations.
No permit granted by the City presuming to give author-
ity to violate or cancel the provisions of this Ordinance shall
be valid, except insofar as the work or use which it authorizes
is lawful_ The issuance of a permit upon plans and specifica-
tions shall not prevent the Building Inspector from thereafter
requiring the correction of errors in said plans and specifi-
cations or from preventing building operations being carried on
thereunder when in violation of this Ordinance or any other of
the ordinances of the City.
SECTION 1.06. Yard Exceptions.
(a) Car shelters and similar structures, where attached
to the main building, may have eaves extending to within two
feet of the side and rear lot lines, provided such structures
are open on three sides and supported by posts spaced not closer
than four feet apart and without intermediate lattice -work,
grilles, louvers, jalousies, curtains or other obstruction.
No such structure shall be closed in or otherwise altered to
provide a habitable area.
(b) The ordinary projection of window sills, belt courses,
cornices, balconies, ornamental features and eaves shall be
thirty inches. Window sills, belt courses, cornices, balconies,
ornamental features and eaves may encroach into a side yard, a
rear yard or front yard by the ordinary projection. If such
structural features project more than the ordinary projection,
the setback lines of the building shall be increased by the
amount of this greater projection.
(c) Structures not exceeding six inches in height above
the natural contours of a lot may be constructed anywhere upon
a lot without regard to setback requirements.
(d) Fences, walls and hedges not exceeding six feet in
height as measured from the natural contour of the premises may
be maintained along any side or rear lot line. The Board of
Adjustment in a proper case may grant a special exception in-
creasing or decreasing the height of any fence, wall or hedge,
where circumstances show that such increase is desired by the
adjoining property owners or will promote the public safety
and general welfare.
SECTION 1.07. Enforcement.
The Building Inspector is hereby designated and author-
ized to enforce this Ordinance.
ARTICLE IT. R-1 DISTRICT
SINGLE-FAMILY RESIDENCE
SECTION 2.01. Uses Permitted.
The uses permitted in R-1 District shall be as follows:
y (a) One single-family building.'
(b) Municipally owned or operated recreational facilities.
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(c) Municipally owned or operated facilities of any
nature whatsoever.
SECTION 2.02. _ Structure Heiqht Limit.
No structure shall exceed twenty-five feet in height.
SECTION 2.03.- Buildinq Site Area.
The minimum building site area shall be three thousand
square feet.
SECTION 2.04. Minimum Floor Area.
The minimum floor area of a building shall be seven
hundred fifty square feet including screened porches but exclu-
sive of attached roofed -over but open porches, terraces, car-
portes and enclosed garages.
SECTION 2.05. Setback Requirements.
(a) All buildings shall have minimum setbacks of twenty
feet from the front lot line, eight feet from the rear lot lane,
and five feet from the side lot lines.
(b) In case of a corner lot, the side yard adjacent to
the intersecting street shall have a minimum width of ten feet. --
ARTICLE III. R-2 DISTRICT
MULTIPLE -FAMILY DISTRICT
SECTION 3.01. Uses Permitted.
The uses permitted in R-2 District shall be as follows:
(a) Any use permitted in R-1 District.
(b) Duplex.
(c) Apartments.
(d) Motels and hotels.
(e) Churches.
(f) Schools.
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SECTION 3.02. Structure Height Limit.
No structure shall exceed one hundred fifty fect in
height.
SECTION 3.03. Building Site Area.
(a) Each building site in an R--2 District shall conform
to the following schedule of minimum requirements, depending
upon the use to which the site shall be put:
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(1) Single-family dwelling
(2) Duplex
(3) Apartment
(4) Motels and hotels
(5) Churches
(6) Schools
Minimum Area i_n Squire Elect
3,000
5,000
500 per living unit
300 per rental unit
217,800
435,600
(b) Each hotel, motel or apartment site shall have a
minimum square foot area of 43,500.
SECTION 3.04. Minimum Floor Areas.
(a) The minimum floor area of single-family residences
shall be the same as that required for such use in R-1 Districts.
(b) The minimum floor area of a duplex shall be six
hundred square feet, including screened porches but exclusive of
attached roofed -over but open porches, terraces, carportes and
enclosed garages,
(c) The minimum floor area for each living unit'in an
apartment shall be three hundred fifty square feet, exclusive of
open porches and balconies.
(d) The minimum floor area for each hotel or motel unit
shall be one hundred fifty square feet.
SECTION 3.05. _Setback Requirements. �--
(a) All buildings erected in R-2 District shall have
the following minimum setbacks:
Front 25 feet
Rear 8 feet
Side 5 feet
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(b) In case any building is erected to a height greater
than thirty-five feet, the setback shall, be increased by one -
tenth of the amount such height exceeds thirty-five feet.
(c) In the case of a corner lot, the side yard adjacent
to the intersecting street shall have a minimum width of ten
feet.
ARTICLE IV. C-1 DISTRICT
COMMERCIAL DISTRICT
SECTION 4.01. Uses Permitted.
The uses permitted in C--1 District are as follows:
(a) Any use permitted in R-2 District.
(b) Retail stores.
(c) Any use which is expressly permitted by the Board
of Adjustment upon application for special exception, where
such Board finds and determines that such use is:
(1) Not injurious to the public health, safety,
or general welfare;
(2) Not obnoxious because of the emission of dust,
dirt, noise, smoke, fumes, odor, vibrations,
or possessing an abnormal explosion hazard,;
(3) Not injurious to surrounding property values;
(4) Desirable and provides a benefit to the com-
munity in which it is to be located; and
(5) Promotes the purposes of this Ordinance.
SECTION 4.02. Setback and Height Requirements.
(a) where any building is constructed'or used in'the
C-1 District for purposes allowed under Section 4.02(a) above,
such building shall comply with the provisions, restrictions
and requirements of the R-2 District.
"? (b) Where any building is constructed or used in the
C-1 District,for purposes allowed under Section 4.02(b) above,
such building shall have a five-foot front yard and rear yard
setback. Buildings on corner lots shall have a five-foot set-
back along the intersecting street.
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(c) Where any building is constructed or used in the
C-1 District for purposes allowed under Section 4.02(c) above,
such building shall have setbacks, height limitation, and area
requirements as may be prescribed by the Board -of Adjustment
in granting its special exception, and such Board is hereby
expressly authorized and directed to prescribe reasonable lim-
itations upon the setbacks, height, and area of any such
building.
SECTION 4.03. Uses .Prohibited.
Except as expressly authorized or permitted pursuant to
the provisions -of this Ordinance, all other uses are prohibited.
ARTICLE V
PLANNING AND ZONING BOARD
SECTION 5.01. Creation, Powers and Duties, Quorum.
There is hereby created a Planning and Zoning Board con-
sisting of five members who shall be appointed by resolution of
and shall serve, without compensation, at the pleasure of the
City Council. Said Board shall act in an advisory capacity to
the City Council and shall have such further powers and duties
as shall be expressly vested in it by this Ordinance. Said
Board shall meet at such time and at such place as it shall
deem appropriate, for the purpose of forming recommendations to
the City Council upon applications for change in zoning, and
for recommending amendments to this Ordinance. The Board shall,
appoint from its membership a chairman and a secretary, and
shall keep written minutes of its proceedings. The Chairman,
the Secretary, or any three members of the Board shall be em-
powered to call a meeting of the whole Board upon two days'
written notice to each member thereof. Three members shall
constitute a quorum, and a concurring vote of three members
shall be required for a decision on any matter before said Board.
SECTION 5.02. Secretary.
The Secretary shall keep the minutes of the meetings of
the Board, take and receive all applications for changes in
zoning and place the same upon the agenda of the Board, receive
the required application fees and disburse the same to the City
Clerk, and send out all notices required by this Ordinance.
SECTION 5.03. Change in Zonin .
Any person owning lands within the City is entitled to
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make application to the Council for a change in zoning. The
Planning and zoning Board may consider and recommend changes
in zoning upon its own motion or upon reference by the Council.
SECTION 5.04. Application for Change in Zonin Procedure.
Applications for rezoning shall be made in the follow-
ing manner:
(a) Such applications shall be made in the form pre-
scribed by the City Planning and Zoning Board as supplied by
the Secretary.
(b) Such applications shall be accompanied by a fee of
$50.00, which shall not be refundable.
(c) Such applications shall be received by the City,
Planning and Zoning Board and its recommendation for or against
such applications forwarded to the City Council within fifteen
days from the date such applications are received by the Secre-
tary. Failure of the Board to act within such time shall result
in said applications' being forwarded to the City Council at
the expiration of such period, and such failure shall be con-
sidered a favorable recommendation by the Board.
(d)' Upon receipt of an application for rezoning or upon
receipt of a recommendation for change in zoning from the City
Planning and Zoning Board, the City Clerk shall advertise the
same for public hearing before the City Council at the next
regular meeting thereof occurring, not less than ten days nor
more than forty days after receipt of said publication. In
the case of an application for rezoning the applicant shall
reimburse the City for such publication cost. Publication
shall be by one legal advertisement. in a newspaper of general
circulation within the City, such advertisement to appear not
less than five days in advance of the meeting at which the
matter is to be heard. The Council shall act upon the applica-
tion or recommendation within ten days of the date of the
public hearing thereon, unless the Council shall, upon its own
motion, extend the time for an additional period not to exceed
thirty days. Failure of the Council to act within such period
shall be deemed a denial of the application or recommendation.
The Council shall not consider applications on the same sub-
ject matter for a period of six months following the denial of
an application.
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ARTICLE VI
BOARD OF ADJUSTMENT
SECTION 6.01. Creation, Bowers and Duties.
(a) There is hereby created a Board of Adjustment con-
sisting of five members who shall be appointed by resolution
of the City Council for terms of five years each, except -that
the terms of the first members of the Board shall be staggered
by the Council, and one such first member shall be appointed
for a one-year term, one such first member shall be appointed
for a two-year term, one such member shall be appointed for a
three-year term, one such member shall be appointed for a four-
year term, and one such member shall be appointed for a five-
year term. Members shall serve without compensation.
(b) Such Board shall have power;
(1) To grant special exceptions to this Ordinance
where authorized to do so by the express pro-
visions thereof;
(2) To grant variances to the provisions of this
Ordinance upon application therefor by a land-
owner in the manner hereinafter prescribed,
where the applicant demonstrates to the satis-
faction of the Board that, because of peculiar-
ities of circumstances or conditions particu-
larly affecting his property, a hardship
results from the strict application of the
Provisions of this Ordinance to such land, and
that to grant the application the Board will
not be violating the spirit and purposes of
this Ordinance and no adverse effect will
result to the public health, safety, morals or
general welfare; and
(3) To hear and grant appeals from decisions of
the City Council denying applications for .
changes in zoning, where the appellant demon-
strates that to grant such appeal the Board
will in effect be granting a variance in ac-
cordance with the conditions and limitations
thereof prescribed in Section 6.01(b)(2) above.
(4) To hear and grant appeals from decisions of
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the Building Inspector regarding the interpre-
tation, administration or enforcement of this
Ordinance.
(5) The Board shall have no other powers and duties.
SECTION 6.02. Special Exceptions, ARj2licaLion and Procedure.
Applications for special exceptions shall be made by
landowners and acted upon by the Board of Adjustment in the
following manner:
(a) Such applications shall be made by the landowner
desiring same upon forms prescribed by the Board.
(b) Such applications shall be accompanied by a fee of
$50.00, which is not refundable.
(c) Such applications shall cite the section or parts
of this Ordinance relied upon by the applicant in seeking a
special exception and shall contain in detail all reasons ad-
vanced by the owner in favor of his application.
(d) Such applications shall be acted upon by the Board
within fifteen days of receipt of same. The Board may request
a conference with the owner upon the subject of his application,
and the owner shall make available to the Board all information
relative to his application as the Board shall reasonably
require. Failure of the Board to act within such fifteen -day
period shall be deemed a finding by the Board that the section
or parts of this Ordinance relied upon by the applicant, to-
gether with the reasons advanced in support thereof, are
sufficient alone to support the special exception applied for,
and such application shall be deemed granted.
(e) The Board shall not consider any denied application
dealing with the same subject matter as a denied application
for a period of six months.
SECTION 6.03. Variances, Application and Procedure.
Application for variances shall be made by landowners
and acted upon by the Board of Adjustment in the following manner.
(a) Such applications shall be made by the landowner
desiring same upon forms prescribed by the Board.
(b) Such applications shall be accompanied by a fee of
f. $50.00, which is not refundable.
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(c) Such applications shall contain a complete descrip-
tion p P
tion of the conditions and circumstances affecting the applicant's
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property constituting a hardship and a recital of the section,
or parts of this Ordinance which, if strictly applied, result
u.:9 in such hardship.
(d) Such applications shall spell out in detail the
findings the applicant desires be made to provide the relief
desired, together with a recital of the manner in which the
spirit and purposes of this Ordinance will be furthered by the
granting of the variance.
(e) The Hoard of Adjustment shall hU..ti li_c hearing
upon every application for variance within forty
receipt of an application, and shall cause a notice there,
be published, at the applicant's expense, in a newspaper o�_
general circulation within the City, at least ten days prior u�
any such public hearing. Any landowner in the City or resident
thereof shall be entitled to be heard upon the subject of said
application, subject to the rules of the Board.
(f) The Board shall act upon any such application
within ten days of such public hearing, either granting such
application or granting same subject to such reasonable changes
as to the Board seem proper, or denying the said application.
Failure of the Board to act within such period of time shall
constitute a denial of any such application.
SECTION 6.04. Ap2eals, Application and Procedure.
Appeals from decisions of the City Council denying appli-
cations for changes in zoning shall be conducted in the same
manner as applications for variances as set forth in Section
6.03 above.
SECTION 6.05_ A eats from Decisions of the Buildin Ins ector,
Application and Procedure
Appeals from decisions of the Building Inspector regard-
ing the interpretation of this Ordinance shall be made in the
following manner:
(a) Such appeal may be taken by any person affected by
a decision of the Building Inspector in interpreting, administer-
ing or enforcing this Ordinance.
(b) Such appeal shall be filed with the Secretary of
the Board within ten days of the act of the Building Inspector
from which the appeal is taken.
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(c) Such appeal shall be commenced by the filing of a
Notice of Appeal in the form prescribed by the Board, which
Notice shall contain a detailed description of the decision or
act of the Building Inspoctor from which relief is sought,
together with a statement of the relief sought, and a statement
of the section or parts of this Ordinance upon which the appel-
lant relies. Every appeal shall be accompanied by a fee of
$25.00.
(d) A copy of the Notice of Appeal shall be delivered
to the Building Inspector by the Secretary of the Board.
(e) Within ten days from the filing of the Notice of
Appeal, the Building Inspector shall file with the Secretary of
the Board a Reply to Appeal in the form prescribed by the Board,
which Reply shall contain a statement of the decision or act of
the Building Inspector from which the appeal was taken if" the
Building Inspector does not adopt the statement contained in
the Notice of Appeal, and a detailed statement of the reasons
for the decision or act from which the appeal was taken, and a
citation of the section or parts of this Ordinance upon which
the Building Inspector relies to sustain his decision or act.
9 (f) Within ten days from the filing of the Reply to
3 Appeal by the Building Inspector, the Secretary of the Board
shall give notice to the appellant and to the Building Inspector
of the meeting of the Board at which the Board shall hear oral
arguments upon the appeal, which meeting shall be held within
twenty days of the filing of the Reply to Appeal.
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(g) The Board shall render its decision upon appeal
within, ten days of the date of oral argument_ In arriving at
its decision the Board shall make determinations of fact based
upon the Notice of Appeal, the Reply to Appeal and the oral
argument, and shall strictly construe the provisions of this
Ordinance. Failure to make its decision within such period
shall be deemed a denial of the appeal, and the Secretary of
the Board shall so notify the appellant and Building Inspector.
ARTICLE VIT
PENALTY, VALIDITY, CODE EFFECTIVE DATE
SECTION 7.01. Penalty.
Any person, firm, association, corporation or organiza-
tion, or combination thereof, who shall violate or fail to
comply with any of the provisions of this Ordinance, shall, upon
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conviction, be fined by a fine not exceeding $500.00 or im-
prisonmont not exceeding sixty days, or by both such fine and
imprisonment in the discretion of the judge of the municipal
court. Each day's violation shall, constitute a separate: offense
under this Ordinance.
SECTION 7.02. Validity.
In -the event any section, subsection, paragraph, sentence,
clause or phrase of this Ordinance shall be declared or adjudged
invalid or unconstitutional by a court of competent-, jurisdiction,
such adjudication shal_1_ in no manner affect the validity of the
remainder of this Ordinance or any part thereof.
SECTION 7.03. Code.
This Ordinance shall be included in the Tamarac City Code,
and the City Attorney is hereby directed to include this Ordi-
nance in said Code.
SECTION 7.04. Effective Date.
This Ordinance shall become effective immediately upon
its final passage.
PASSED
FIRST READING THIS
7th
DAY
OF
Janua.ry
1964.
PASSED
SECOND READING THIS
3rd
DAY
_
OF
February
1964.
PASSED
THIRD READING THIS
2nd
DAY
OF
March
1964.
ATTEST:
C1erls
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Mayor