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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1977-025Proposed by: )J J ;'S ^,(� t,.'C C� Temp .#482 Introduced by:y h \ u•l� u�� Drafted 6/3/77 (MK) T Revised 6/13/77 (MK) Revised 6/23/77 (PC) Revised 7/13/77 (CC) Revised 7/27/77 (CC) CITY OF TAMARAC, FLORIDA ORDINANCE NO.(,77 - AN ORDINANCE AMENDING ARTICLE XV OF CHAPTER 28 OF THE TAMARAC CITY CODE AND ORDINANCES 75-9, 75-44, 76-11, AND 76-39; COMPILING THE PRO- VISIONS OF THE ARTICLE AND THE REFERENCE ORDINANCE; ESTABLISHING NEW REGULATIONS FOR DRY CLEANING ESTABLISHMENTS IN B-1, B-2, AND B-3 ZONING DISTRICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning Commission has reviewed Article XV of Chapter 28 of the Tamarac City Code and its subsequent amendments by Ordinances 75-9, 75-44, 76-11 and 76-39, and WHEREAS, the Planning Commission has made further recommenda- tion to provide for Dry Cleaning Establishments as a proper use in either B-1, B-2, or B-3 zoning districts under certain conditions, and WHEREAS, the Planning Commission has reviewed a complete compilation of Article XV, Chapter 28 of the Code and its subsequent amendments, along with the said provision for Dry Cleaning Establish- ments and has recommended its adoption and the City Council is desirous of enacting this legislation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: 1 - 1 - SECTION 1: CHAPTER 28, Article XV of the Tamarac City Code and Ordinances 75-9, 75-44, 76-11 and 76-39 are hereby amended and shall read as follows: ARTICLE XV: B-1 NEIGHBORHOOD BUSINESS CENTER r YomnY�m SECTION 28-137: PURPOSE OF DISTRICT The B-1 Neighborhood Business Center District is intended primarily to meet the neighborhood shopping and service needs of surrounding resi- dential areas. SECTION 28-138: PERMITTED USES In a B-1 District, no building, structure, or land and water use shall be permitted except for one or more of the uses permitted by the master list of business uses as set forth in Article XVIIIA SECTION 28-139: PROPERTY DEVELOPMENT REGULATIONS 1. Minimum Lot area and dimensions Area i acre Width 100 feet Depth 200 feet Frontage 100 feet 2. Minimum yard setback requirements Street 50 feet Side (interior) 25 feet Rear 25 feet 3. Maximum building height and total floor area. Maximum building height 35 feet Maximum gross floor 35% of the total area of building lot area. EXCEPTIONS: 1. The maximum building height may be increased by 10 feet to accommodate elevator towers, mechanical equipment and screening including parapet walls, clock towers, or other orna- mental devices; provided, however, that the top horizontal area of all height encroachments shall not exceed more than 15% of the area of the roof. - 2 - 2. The minimum interior side or rear setback shall be 50' when abutting a residentially zoned or an S-1 zoned district, excludin golf courses, with a landscaped buffer as provided in Section 28-140 (5). 3. For properties less than one (1) acre: The minimum interior side setback may be reduced to zero (0) feet on one side pro- vided that one of the following conditions exists: (a) No building or structure exists on the property adjacent to the proposed zero (0) foot setback. (b) The existing adjacent structure would abut the proposed zero (0) foot setback. 4. Wherever two commercial buildings are pro- posed to abut each other, the opposite side access shall be unobstructed for a minimum of 35 feet to the rear of the building. The access shall be designated and posted as "fire access lane" and comply with Section 28-16 of the American Insurance Association Fire Code. In addition, roof overhangs shall not extend beyond the property line. SECTION 28-140: SPECIAL REGULATIONS 1. Enclosed Uses All uses shall be operated entirely within enclosed buildings, except where permitted in Article XVIIIA, for a limited period of time, upon application to and approval of City Manager or during specified holidays for the sale of seasonal potted plants. 2. Lighting Artificial lighting used to illuminate the premises shall be directed away from any adjacent residential property or any public right of way. Artificial lighting used to - 3 - 1 1 1 1911 4. 5. illuminate the parking area shall be directed vertically downward (900). Outdoor Storage. Outdoor storage of merchandise is prohibited except where permitted in Article XVIIIA, for a limited period of time, upon application to and approval of City Manager or during specified holidays for the sale of seasonal potted plants. Offstreet Parking. Loading and Trash Con - No offstreet parking, loading or -outdoor storage area or vehicular drive shall be lo- cated within 10 feet of any abutting resi- dentially zoned or S-1 zoned district. No trash receptacle, fixed or mobile, shall be located in a required street set -back area or within 50 feet of any abutting residentially zoned district property. Loading zones shall be permitted only in the side or rear yard set -back. Fences, Walls and Landscaped Buffers. A 6 foot high solid masonry wall (stuccoed and painted) shall be required along any line abutting a residentially zoned or an S-1 zoned district excluding golf courses. A ten (10) foot landscaped buffer strip on the interior side of such wall shall be planted with shade trees, 8' to 10' high, (at the time of Plant- ing) spaced no farther than 25 feet apart, center to center. An optional design of such a wall may be approved by the City Council. SECTION 2: Chapter 28, Article XVI is hereby amended and shall read as follows: ARTICLE XVI: B-2 PLANNED COMMUNITY BUSINESS DISTRICT SECTION 28-146 PURPOSE OF DISTRICT The purpose and intent of the B-2 District is to - 4 - encourage the development of an intensive commer- cial facility, providing a wide range of goods and services, located adjoining at least one major arterial roadway and servicing a consumer market of several neighborhoods of a substantial territory. SECTION 28-147 PERMITTED USES In a B-2 Planned Community Business District, no building, structure, or land and water use shall be permitted except for one or more of the uses permitted by the master list of business uses as set forth in Article XVIIIA. SECTION 28-148 PROPERTY DEVELOPMENT REGULATIONS 1. Minimum lot area and dimensions. Area (gross) one (1) acre Width 200 feet Depth 200 feet Frontage 100 feet 2. Minimum yard setback requirements. Street 50 feet Side (interior) 25 feet Rear 50 feet 3. Maximum building height and total floor area. Maximum building height 40 feet Maximum total gross floor area of building (not in- 30% of the eluding exterior mall space) total lot area EXCEPTIONS: 1. The minimum interior side or rear yard set- back shall be 50 feet when abutting property is either a residential or an S-1 zoned dis- trict with a landscaped buffer as provided in Section 28-149 (5). 2. The maximum building height may be increased by 10 feet to accomodate elevator towers, mechanical equipment and screening including parapet walls, clock towers, or other orna- mental devices; provided, however, that the top horizontal area of all height encroachments shall not exceed more than 157o of the area of the roof. - 5 - 3. For existing properties less than one (1) acre: The minimum interior side setback may be reduced to zero (0) feet on one side pro- vided that one of the following conditions exists: (a) No building or structure exists on the property adjacent to the proposed zero (0) foot setback. (b) The existing adjacent development would abut the proposed zero (0) foot setback. 4. Wherever two commercial buildings are pro- posed to abut each other, the opposite side access shall be unobstructed for a minimum of thirty-five (35') feet to the rear of the buildings. The access shall be designated and posted as "fire access lane" and comply with Section 28-16 of the American Insurance Association Fire Code. In addition, roof overhangs shall not extend beyond the property line. SECTION 28-149 SPECIAL REGULATIONS 1. Enclosed Uses. All uses shall be operated entirely within enclosed buildings unless otherwise approved on a site development plan. Any exposed activities such as garden supplies or auto- motive installations, shall be totally screened from horizontal view from any point off the site. 2. Lighting. Artificial lighting used to illuminate the premises shall be directed away from any ad- jacent residential project or any public right of way. Artificial lighting used to - 6 - illuminate the parking area shall be directed vertically downward (900). 3. Outdoor Storage. Outdoor storage of merchandise shall be per- mitted only when incidental to the commercial use located on the same premises provided that: a. The storage area shall not be located in any of the required setbacks. b. The stored merchandise shall not protrude above the height of the enclosing walls or buildings. 4. Offstreet Parkinv and Loadinv. No offstreet parking shall be located within 10 feet of any abutting residential or S-1 zoned district property. No loading shall be located within 30 feet of any abutting resi- dentially zoned district property. No outdoor storage area or trash receptacle, fixed or mobile, shall be located in a required street setback area or within 50 feet of any abutting residentially zoned district property. 5. Fences, Walls and Landscaped Buffers. A 6 foot high solid masonry wall (stuccoed and painted) shall beTrequired along any line abutting a residentially zoned, or an S-1 zoned district, excluding golf courses. A ten (10') foot landscaped buffer strip on the in- terior side of such wall shall be planted with shade trees, 8' to 10' feet high (at the time of planting), spaced no farther than 25 feet apart, center to center. An optional design of such a wall may be approved by City Council. SECTION 3: Chapter 28, Article XVIII is hereby amended and shall read as follows: - 7 - f] 1 1 ARTICLE XVIII: B-3 GENERAL BUSINESS DISTRICT SECTION 28-164 PURPOSE OF DISTRICT The purpose and intent of the B-3 District is to provide space on arterial streets and traffic ways where business establishments primarily not of a neighborhood or community service type may properly be located to serve large sections of the community and metropolitan area. SECTION 28-165 PERMITTED USES In a B-3 General Business District, no building, structure, or land and water use shall be per- mitted except for one or more of the uses permitted by the master list of business uses as set forth in Article XVIIIA. SECTION 28-166 PROPERTY DEVELOPMENT REGULATIONS 1. Minimum lot area and dimensions Area (gross) one (1) acre Width 200 feet Depth 200 feet Frontage 100 feet 2. Minimum yard setback requirements Street 50 feet Side (interior) 25 feet Rear 50 feet 3. Maximum building height and total floor area. Maximum building height 50 feet Maximum total floor 40% of the total area (not including lot area. exterior mall space) EXCEPTIONS: 1. The minimum interior side yard setback shall be 50 feet whenever abutting property is in a residential district. The rear setback shall be a minimum of 25 feet when abutting a business zoned district property providing that a dedicated alley exists or is to be dedicated; and further that said requirements adhere to the provisions of Section 28-167 (4). 2. For existing properties less than one (1) acre: the minimum interior side setback may W-ow 1 1 be reduced to zero (0) feet on one side provided that one of the following conditions exists: (a) No building or structure exists on the pro- perty adjacent to the proposed zero (0) foot setback. (b) The existing adjacent development would abut the proposed zero (0) foot setback. 3. Wherever two commercial buildings are proposed to abut each other, the side access to the rear of the buildings shall be unobstructed for a minimum of 35 feet. The access shall be designated and posted as "fire access lane" and comply with Section 28-16 of the American Insurance Association Fire Code. In addition, roof overhangs shall not extend beyond the property line. SECTION 28-167 SPECIAL REGULATIONS 1. Lighting Artificial lighting used to illuminate the premises and/or advertising copy shall be di- rected away from any adjacent residential property or any public right of way. Artifi- cial lighting used to illuminate the parking area shall be directed vertically downward (900). 2. Outdoor Storage Outdoor storage of merchandise shall be per- mitted only when incidental to the commercial use located on the same premises provided that: (a) The storage area shall not be located in any of the required setbacks or yards. (b) The stored merchandise shall not protrude above the height of the enclosing walls or buildings. 3. Offstreet Parking and Loading. No offstreet parking shall be located within 10 feet of any abutting residential or S-1 zoned district property. No loading shall be M%M located within 30 feet of any abutting resi- dentially zoned district property. No out- door storage area or trash receptacle, fixed or mobile, shall be located in a required street setback area, or within 50 feet of any abutting residentially zoned district property 4. Fences, Walls, Landscaped Buffers. A 6 foot high solid masonry wall (stuccoed and painted) shall be required along any line abutting residentially zoned or an S-1 zoned district, excluding golf courses. A ten foot landscaped buffer strip on the interior side of such wall shall be planted.with shade trees 8' to 10' feet high, (at time of planting) spaced no farther than 25 feet apart, center to center. SECTION 4: Chapter 28, Article XVIIIA is hereby amended and shall read as follows: ARTICLE XVIIIA BUSINESS AND COMMERCIAL USES GENERALLY SECTION 28--168 INTENT AND APPLICATION (a) It is the intent of this article to provide in tabular form a listing (herein called the Master List) of the uses that shall be per- mitted in the various business districts as they exist from time to time as shown on the zoning district maps. Any use similar to the listed uses shall be permitted. Any business use not specifically enumerated or similar to any one of the categories listed in Section 28-171 may be granted as a special exception, designated in any business district, when ap- proved by the City Council after having been duly considered by the Planning Commission as set forth in Chapter 28 Division 2, Special Exceptions. =.X1M 1 1 1 (b) Where an "X" appears on the same line as a listed use, said use shall be permitted in the district as indicated by the column heading in which the "X" appears. (c) Where no "X" appears on the same line as a listed use, said use shall be larDhibited in the district as indicated by the column head- ing in the same manner. (d) Where an "X" is followed by an asterick (*) listed use shall be subject to, or modified by, the regulation set forth in the use column, and further regulations set forth by the provisions of Chapter 28, Division 2 ecial Exceptions. SECTION 28-169 VALIDITY OF MASTER LIST Where a use is permitted or prohibited by the master list as set forth in Section 17.1 of this article, such indication shall have the same vali- dity as if the use were listed as permitted or prohibited in the district regulations of this Ordinance. SECTION 28-170 AMENDMENTS TO THE MASTER LIST The master list may be amended in the same manner as any other section of this Ordinance. SECTION 28-171 MASTER LIST BUSINESS USES b 0 F-+ �(D a c� m � � W Abstract Company Advertising Company Aeroplane -Ground School -Special Exception* Air Cond. Equipment, Retail onl BUSINESS USES CONTINUED B--1 B-2 B-3 1 1 Air Cond. Equipment, Retail Repairs X X Air Cond. Equipment, Wholesale X Alcoholic Beverages - (Accessor Use) Special Exception* X X* X* Ambulance Service, Special Exception* X X* X* Amusement Centers Indoors- Special Exception* X* X* X* Amusement Center -Exterior-Special Exception* X* X Animal Clinics ('No Boarding Kennels for Animals) X X Animal Clinics, Pet Hospitals X Antique Shops X X X Archery Range X Armored Car Service Offices X X Art Galleries X X X Art Schools X X Art Supplies X X X Artists' Studios X X X Associations (Civic etc.) X X X Athletic Clubs Indoors -Special Exception* X* X* X* Auctioneers, Enclosed* X* X Auditorium X X Auto Parts, Equip. Accessories New Retail - Also New Wholesale* X X X* Auto Storage, Sales,,Cars for Hire including Motorcycles X Auto Tag Agency & License Bureau X X X Auto Tires,new - Retail and install. - also Wholesale* X X* Auto Wash Racks, as accessory use* X X Automobile Dealers Display Awning Stores Sales only* X X Bait -fish (other than artificial) X Bakesho s - Retail, Limited preparation* X* X* X Banks, Commercial - Special Exception* - The parcel shall be a minimum of 40,000 S.F. in a freestanding building.-X* X X Barber Shops X X X Bars, not in Restaurants X X Bath & Closet Shops X X X Beauty Parlors X X X Bicycle Stores & Repair Shops X X X Billiard Rooms - Poolrooms X X Blacksmith Shops X Blood Bank - Commercial X X Boat Rentals X X Boat Sales Display in Open X Boat Sales Showroom enclosed, accessories X X Bondsmen X X X Book Store - By Special Exception* X* X* X* Bottled Gas X Bowling Alleys X X Broadcasting Studios, no towers X X X Building, Supplies, Retail from Buildings only* X* X* Burglar Alarm Company X X X Bus Terminals X X Camera Shops X X X Candy Stores Retail X X X Car Rental Agency X Carpet & Rug Sales(Cleaning on Premises)* X X Car ets, Rugs, Floor Covering, Retail -Wholesale allowed* X X X* Carry -out Foods X X X Caterers X X Ceramic -Retail -Limited Preparation X X X China, Crockery, Glassware, Earthware, Retail X X X Churches, Places of Worship, Sunday Schools, Convents, Parish House X X X Clothing Stores - Except Second -Hand X X X Clubs, Lodges, Civic, Non -Commercial X X X Cocktail Lounges Special Exception* X* X* X* Community Garage X Concrete Products, Retail X X Confectionary and Ice Cream Stores X X X - 12 - BUSINESS USES CONTINUED 1:16i�+��e7 1 Conservatories (Arts & Music) X X Corsetieres (Sales & Fittings Only) X X X Cosmetics - Retail & Incidental Compounding, no manufacturing X X X Costumes , Rental X X X Curb or Auto Service Restaurants - Special Exception* X* X Curio Stores X X X Currency Exchange X X X Dairy Products - Retail X X X Dance Academies and Schools - soundproofed & maximum size of 5,000 sq. feet in B-1 zoning district* X* X* X* Day Nursery - Special Exception* X* X* Dealer, Secondhand Merchandise X Delicatessen - Retail X X X Dental Clinic X X X Department & Dry Goods Stores less than 5,000 Sq. ft. gross floor area* X* X X Designing, making & assembling of Art & Craft Products, Shop only X X X _Hobby Detective Agencies X X X Display Materials, Sales X Dress Shops & Seamstress X X X Drug & Sundries Stores X X X Dry_Cleaning Establishment without on premises cleaninq X X X Dry Cleaning Plants X Dry Cleaning Establishments for direct customer services Note: *Shall not provide vehicular pick-up or delivery services. *Customers shall bring in and pick up all articles. *Not more than one 40 pound rated capacity cleaning units shall be provided. *Entire dry cleaning process shall use completely enclosed solvent -reclaiming units (non -explosive and non -inflammable), with the carbon filter for odor. *The venting of the boiler must be extended so as not to be offensive to the neighborhood. By Snenia.l Exception* X* X Electrical Appliances - Retail X X X Eleemosynary Institutions X X Employment Agencies X X X Engines Diesel or Gasoline, Sales & Service X Express Companies X X Exterminator X X X Farmers Market X Farms, Truck Gardens, Nurseries, Groves & Incidental buildings. X Feed & Seed Supplies X X Festival Equipment & Supplies X Fish - Retail Food Market X X X Fishing Supplies - Bail Tackle Artificial. Bait only X* X* X Florists X X X Frei ht Service X X X Frozen Food Lockers X Fruit Stores - Retail X X X Funeral Homes - Special Exception* X* X* X* Furniture Stores, Wholesale Allowed* X X X* Furrier X X X Garage - Including Mechanical Service X Garden Supplies - Retail X X X Gasoline * Oil Filling Stations with Usual Accessory Uses - Special Exception* X* X Gift Shops X X X Golf Courses (miniature) X Governmental Buildings X X X Grocery Stores - Less than 5,000 sq. ft. gross floor area * X* X X Gun Club (Indoor only) X - 13 -- BUSINESS USES CONTINUED 1 I B-1 B-2 B-3 Guns - Retail X X Gymnasium X X Haberdashery X X X Halls for Hire -Special Exception* X X Hardware Store Heating Equipment - Retail Hobby Shop Homes, Convalescent Special Exception* Hospital - Special Exception* Hotels Ice Cream - Retail X X X Ice Distributing Depot Insect and Rodent Exterminating X X Interior Decoration Shop - Retail X X X Jewelry Manufacturing X Jewelry Store -- Watch Repairs_____ X X X Key Shop X X X Laboratories.; Chemical, Medical, Testing, Research X Landscape Nursery - Special Exception* * X* X Launderettes -without on -premises dry cleaning facilities Launderettes -with on premises dry cleaning facilities - Special Exception* * Laundry Establishment without on premises washing Lawn Maintenance Service -No outside storage Sp. Ex.* Lawn Mower Sales & Repairs Leather Goods Store - Retail Library Lighting fixtures distributors Wholesale and Retail X Lighting Fixtures - Retail X X X Linen Service X Loan agencies (other than pawnbrokers) X X X Lodge Halls X X Luggage Shops X X X Liquor (Package) Stores X X X Mail Order Establishment X X X Marine Su lies - Retail X Mattress Renovating__ Meat Market - Retail X Medical Clinic X X Messenger Office X X X Millinery Shop X X X Millwork -- Retail Sales only Special Exception*_ X* X X Modiste, Wearing Apparel, Furrier, Retail X X X Motels X X Motorcycle Sales & Service - Special Exception* X* X Municipal Buildings, Parks, Playgrounds, Reservations Parkin X X X Museum X X Music & Radio Stores - Retail X X X Music Instruction X X X Newspaper Bureau X X X Newstand X X X Notions - Variety Stores X X X Novelties (Handbags & Handicraft) Retail, Also Wholesale* X X X* Nurser Sales(See Sec. 25-149 (1) enclosed uses for B-2) X X Nurseries X Office Building_- General X X X Offices for doctors, dentist, pediatrics, architects, realtors and related professions. X X X Office Supplies & Furniture Business Machines X X Optical Stores X Optometrist X X X - 14 - BUSINESS USES CONTINUED 1 k 11 Outdoor (Sidewalk) Sales - Note: For a *limited, temporary period of time not to exceed 4 days. *In conjunction with an authorized, licensed business use. *Outdoor storage & display of merchandise during business hours only. *Requires application to & approval of City. M r. X* X* X* Package & Liquor Stores X X X Paint Stores, Wall Covering - Retail only X X X Parcel Delivery Service X X Parking -- Commercial X X Parking Garage- Commercial X X Parkin_g Lots For Rent X Pawn Shops X Pet Shops X X Photograph, Developing & Printing for others - Retail & Pick-up &Deliver only* X* X* X. Photograph Galleries X X X Photostating & Copy Service X X X Physical Therapists (Only when licensed b State) X X X Plastic Articles - Retail X X X Plumbing Fixtures - Retail X X Plumbing -- Wholesale, Repair Shop X Post Office X X X Printing Shops, Blue Printing Business Newspapers X X Pump & Wells - Retail X Radios, Televisions - Sales & Repairs X X X Real Estate or Insurance Offices X X X Reducing Salons X X X Restaurant & Dinin Room X X X Savings & Loan Associations X X X Schools - Business X X Schools -- Driving X X Schools - Modeling X X Schools - Trade, Vocational Industrial Schools Public or Private not listed X Secondhand Stores X Shoe Repair Shop X X X Shoe Stores X X X Sign Painting - Car - Letterin X Skating Rinks X X Soft Drink Stands X X X Souvenir Stores X X X Sporting Goods Stores X X X Sprinkler System; Shop, Storage, & Service X Stationery Stores X X X Stock Exchange & Brokerage Office X X X Storage Warehouses X Sundry Stores X X X Supermarkets X X Surgical & Orthopedic Appliances, Sales & Accessories X X Swimming Pools, Supplies & Accessories X X Tailor Shop X X X Tax Collection Agencies X X. X Taxi Service Establishment X X Taxidermist X Telephone Exchange_Building X X X T.V. Sales & Repairs X X X Theaters - Special Exception* X* X* Tire, Battery & Accessories - Automotive; retail & installation as enclosed Accessory use only X* X Mho BUSINESS USES CONTINUED 1 L lei Towel & Uniform Supply X Trailers -- Display & Sales of X Trailers - Truck Rental X Travel Bureau X X X Tropical Fish Shop Retail X X X Upholstery Shop X X Utilities, Public Offices X X X Vehicular & Boat Maintenance, As Accessory Use* X* X Waiting Rooms & Ticket Offices for Transportation System X X Warehouses X Water Conditioning Sales - Residential & Commercial X X Water Treatment, Pool Equipment & Chemicals no manufacturing) X X Wearing Apparel Stores X X X Wearin A parel-Wholesale X Wholesale Merchandiser, Retail Trade X Window Blinds - Draperies & Curtains Retail X X X Woodworking Machinery - Sales X Wig Shop X X X SECTION 2: All Ordinances or part of Ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 3: Should any section, or provision of this Ordinance, or any portion thereof, or any paragraph, sentence or word be declared by a Court of Competent Jurisdiction, to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid. SECTION 4: This Ordinance shall. become effective immediately upon its final passage. PASSED FIRST READING this PASSED SECOND READING this, ATTEST: .. CIV CLERK I HEREBY CERTIFY that I have approved the -form and correctness of this ORDINANCE. CITY A ORNEY 16 - RECORD OF COUNCIL VOTE MAYOR W. FALCK . (� 4 VIM H. MASSARO c�'4 C/M M. WEI-NBERGER CIM I. M. DISRAELLY— C M M. KLIKA p y L