HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-062Introduced by:
Temp. # 710
Rev. 1/17/80
zY2136//A0
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. Q-Lo -j�Lg
AN ORDINANCE AMENDING SECTION 28-171 OF THE TAMARAC CITY CODE
PERTAINING TO BUSINESS USES AND SPECIAL EXCEPTIONS BY REQUIRING
ALL RESTAURANTS LOCATED_ WITHIN B-1 AND B-2 ZONING DISTRICTS AND
DELICATESSENS - RETAIL LOCATED WITHIN B-1 AND B-2 ZONING DISTRICTS
TO OBTAIN SPECIAL EXCEPTIONS AS REQUIRED IN DIVISION 2 OF CHAPTER
28 OF THE TAMARAC CITY CODE; ESTABLISHING STANDARDS FOR SPECIAL
EXCEPTIONS FOR RESTAURANTS AND DELICATESSENS; SPECIFICALLY PER-
MITTING DEPARTMENT STORES OF 5,000 SQUARE FEET OR MORE IN B-2
AND B-3 ZONING DISTRICTS; PERMITTING LAUNDERETTES WITH ON PREMISES
DRY CLEANING FACILITIES IN�B-3 ZONING DISTRICTS BY SPECIAL
EXCEPTION AND SETTING FORTH STANDARDS THEREFOR; PERMITTING LODGE
HALLS IN B-1 ZONING DISTRICTS; PERMITTING THE -SALE OF BIRDS,
RETAIL IN B-1, B-2 AND B-3 ZONING DISTRICTS; DELETING THE REQUIRE-
MENT THAT BANKS AND SAVINGS -AND LOAN ASSOCIATIONS IN FREE STANDING
BUILDINGS HAVE A MINIMUM OF ONE ACRE LOT SIZE; PERMITTING BY
SPECIAL EXCEPTION IN B-1 ZONING DISTRICTS BUSINESS SCHOOLS AND
ESTABLISHING STANDARDS THEREFOR; PERMITTING JEWELRY MAKING SCHOOLS
IN B-2 AND B-3 ZONING DISTRICTS; REPEALING SECTION 28-197(b) OF
THE CITY CODE WHICH SPECIFIED USES REQUIRING SPECIAL EXCEPTIONS
DUE TO REDUNDANCY WITH SECTION 28-171 OF THE CITY CODE; AMENDING
SECTION 28-197(a) OF THE CITY CODE TO REFLECT THE REPEAL OF
SECTION 28-197(b) AND TO EXPRESS LEGISLATIVE INTENT THAT IF
ANY CRITERIA FOR A SPECIAL EXCEPTION OR SPECIAL EXCEPTIONS IN
GENERAL IS FOUND TO BE INADEQUATE, THE BUSINESS WOULD THEN BE
A PROHIBITED USE IN THAT DISTRICT; RENUMBERING SECTION 28-197(c)
TO SECTION 28-197(b); PROVIDING FOR CODIFICATION; PROVIDING
REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISION; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That Section 28-171 of the Tamarac City Code is amended by
adding the words, punctuation and numbers underscored and deleting the words,
punctuation and numbers struck through as follows:
Sec. 28-171. Same - Enumerated.
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BUSINESS USE
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Abstract company
x
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X
Advertising company
x
X
x
Aeroplane, ground school, special exception*
X*
Air conditioning equipment, retail only
x
X
x
Air conditioning equipment, retail repairs
x
X
Air conditioning equipment, wholesale
X
Alcoholic beverages (accessory use), special excep-
tion*
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
Artiste' studios
x
x
X
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BUSINESS USE
Associations (civic, etc.)
x x
Athletic clubs, indoors, special exception*
x* x*
Auctioneers, enclosed*
x*
Auditorium
x
Auto parts, equipment —Accessories, new, retail —Al-
so new, wholesale*
x x
Auto repair:
- (1) All work must be done within an enclosed
building.
(2) Outside storage or display of parts of mer-
chandise is prohibited.
(3) Outside storage of vehicles or parts of vehicles
after working hours is prohibited.
(4) Paint and body shops are prohibited.
x*
Auto storage, sales, cars for hire including motorcy-
cles
Auto tag agency and license bureau
x x
Auto tires, new, retail and installation
x
Auto tires, wholesale
Auto wash racks, as accessory use*
x*
Automobile dealers display
Awning stores, sales only*
x* x*
Bait fish (other than artificial)
Bakeshops, retail, limited preparation
x* x*
Banks, commercial:
4f -the bank asa-freestandinW--building,-the.. pascal
slrall- a-mimrrrtrm-ef cxre-{}}mere-exekraiive-of
drive-in-farihties.
If any bank, whether freestanding or not, is to
have drive-in facilities, this use is allowed only if a
traffic circulation plan is submitted which will be
sufficient to satisfy the maximum projected usage
of the drive-in facility on the site with no
disruption of traffic off the premises or disruption
of customers seeking to park their vehicles and to
physically enter the bank. Each drive -up lane
must have stacking capability of one hundred
(100) feet minimum.
x x
Banks, commercial, not in freestanding buildings,
with no drive-in facilities
x x
Barbershops
x x
Bars, not in restaurants
x
Bath and closet shops
x x
Beauty parlors
x x
Bicycle stores and repair shops
x x
Billiard rooms, poolrooms
x
Bird Stores, retail one
x x
Blacksmith shops
Blood bank, commercial
x
Boat rentals
x
Boat.sales display in open
Boat sales showroom enclosed, accessories
x
Bondsmen
x x
x*
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BUSINESS USE
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Bookstore, by special exception*
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Bottled gas
x
Bowling alleys
x
x
Broadcasting studios, no towers
x
x
x
Building supplies, retail from buildings only;
no open-air sales or storage facilities
x
x
Burglar alarm company
x
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x
Bus terminals
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Camera shops
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x
Candy stores, retail
x
Car rental agency
x
Carpet and rug sales
x
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x
Carpet and rug sales, cleaning on premises
x
Carpets, rugs, floor covering, retail
x
x
x
Carpets, rugs, floor covering, wholesale
x*
Carry -out foods
x
x
x
Caterers
x
x
Ceramic, retail, limited preparation
x
x
x
China, crockery, glassware, earthenware, retail
x
x
x
Churches, places of worship, Sunday schools, con-
vents, parish house
x
x
x
Clothing stores, except secondhand
x
x
x
Clubs, lodges, civic, noncommercial
x
x
x
Cocktail lounges, special exception*
x*
x*
x*
Community garage
x
Concrete products, retail
x
x
Confectionery and ice cream stores
x
x
x
Conservatories (arts and music)
x
x
Corsetieres (sales and fittings only)
x
x
x
Cosmetics, retail and incidental compounding, no
manufacturing
x
x
x
Costumes, rental
x
x
x
Curb or auto service restaurants, subject to same
requirements as restaurant and dining room
x*
x
Curio stores
x
x
x
Currency exchange
x
x
x
Dairy products, retail
x
x
x
Dance academies and schools, soundproofed and
maximum size of 5,000 square feet in B-1 zoning
district
x
x
x
Day nursery, special exception*
x*
x*
x*
Dealer, secondhand merchandise
x
- Dehcatessen, retail special exception*
x*
x*
x
Delicatessens can create certain odors,
generate garbage of large quantities
whic ma attract vermin and insects
and accordingly must beseparated b
a sufficient buffer and contain other
standards to protect t e health, safet
and welfare of the eo le. Accordingly,
this use is permitted by special
exception in B-1 and B-2 districts. In
addition to other requirements, the
following criteria must be met:
1. The establishment shall be at least
100 feet from the nearest residence
3.
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BUSINESS USE
measured in a straight ine from the
nearest means of ingress and a ress 0f
e delicatessen
to the nearest means of in ress and
egress of the residence.
2. There must Be prior approval of the
means and met od of waste co ection
the Cit Counci .
3. A plan for control, reduction or
elimination of offensive odors should be
su mitted with e t a ication fors ecial
exce tlon to the city.
Dental clinic
Department and dry good stores, leas than 5,000
square feet gross floor area
Department and dry good _stores, 5,000 sq.
ft. gross- Boor area or more
Designing, making and assembling of art and craft
products, hobby shop only
Detective agencies
Display materials, sales
Dress shops and seamstress
Drug and sundries stores
Dry cleaning establishment without on -premises
cleaning
Dry cleaning plants, provided items (4)—(9) below
are satisfied.
Dry cleaning establishments, for direct customer
services. This may create fire hazards and great
odor pollution. Accordingly, this use is permitted
by special exception in B-1, B-2 and B-3 districts.
In addition to other requirements, the following
criteria must be met:
(1) No vehicular pickup or delivery services.
(2) Customers shall bring in and pick up all
articles and there shall be no wholesale work
allowed.
(3) Not more than one cleaning unit of a rated
capacity of forty (40) pounds shall be allowed.
(4) The entire dry cleaning process shall use
completely enclosed solvent, reclaiming units
(nonexplosive and nonflammable), with a
carbon vapor absorber for vent odor.
(5) The venting of the boiler must be extended so
any discharge will not be offensive to the
surrounding neighborhood.
(6) All solvents used shall be nonflammable.
(7) The establishment shall be at least one
hundred (100) feet from the nearest residence
measured in a straight line from the nearest
means of ingress and egress of the dry
cleaning establishment to the nearest means of
ingress and egress of the residence.
(8) All high-pressure boilers operating over fifteen
(15) pounds per square inch, rated at more
than three (3) boiler horsepower shall be
enclosed in a noncombustible boiler room or
enclosure as specified in the South Florida
Building Code.
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BUSINESS USE
(9) Venting of boilers as specified in paragraph (8)
shall not be permitted unless the stack or vent
is more than one hundred (100) feet from the
nearest residence measured in a straight line
from the nearest means of ingress and egress
of the dry cleaning establishment to the means
of ingress and egress of the residence nearest
to the dry cleaning establishment or is
separated by a road between the vent or stack
and the nearest residence.
Electrical appliances, retail
Eleemosynary institutions
Employment agencies
Engines, diesel or gasoline, sales and service
Express companies
Exterminator
Farmer's market
Farms, truck gardens, nurseries, groves and inciden-
tal buildings
Feed and seed suppliers
Festival equipment and supplies
Fish, retail food market
Fishing supplies, bait tackle, artificial bait only
Florists
Freight service
Frozen food lockers
Fruit stores, retail
Funeral homes, special exception*
Furniture stores, retail
Furniture stores, wholesale or retail and wholesale
Furrier
Garage, including mechanical service* (see "Auto
Repair")
Garden supplies, retail
Gasoline* and oil filling stations with usual ac-
cessory uses, special exception*
Gift shops
Golf courses (miniature)
Governmental buildings
Grocery stores, less than 5,000 square feet gross floor
area
Gun club, (indoor only)
Guns, retail
Gymnasium
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BUSINESS USE
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Haberdashery
x
x
x
Halls for hire, special exception*
x*
x
Hardware store
x
x
x
Heating equipment, retail
x
x
x
Hobby shop
x
x
x
Homes, convalescent, special exception*
x*
x*
Hospital, special exception*
x*
x*
x*
Hotels
x
x
Ice cream, retail
x
x
x
Ice distributing depot
x
x
x
Insect and rodent exterminating
x
x
Interior decoration shop, retail
x
x
x
Jewelry manufacturing
x
Jewelry store, watch repairs , restyling, polishing
x
x
x
Key shop
x
x
x
Laboratories; chemical, medical, testing, research
x
Landscape nursery, special exception*
x*
x*
x
Launderettes. This use is permitted by special
exception if the following requirements are met:
x*
x*
x*
(1) All high-pressure boilers operating over fifteen
(15) pounds per square inch, rated at more
than three (3) boiler horsepower, shall be
enclosed in a noncombustible boiler room or
enclosure as specified in the South Florida
Building Code.
(2) Each dryer shall be equipped with its own
lint screen with automatic shutoff.
Launderettes, with on -premises dry cleaning facil-
ities, special exception*, see "Dry Cleaners," same
standards to apply as apply to dry cleaners and
launderettes.
x*
x*
X*
Laundry establishment, without on -premises wash-
ing
x
x
x
Lawn maintenance service, no outside storage,
special exception*
x*
x*
x
Lawn mower sales and repairs
x
x
x
Leather goods store, retail
x
x
x
Library
x
x
x
Lighting fixtures distributors, wholesale and retail
x
Lighting fixtures, retail
x
x
x
Linen service
a
Loan agencies (other than pawnbrokers)
x
x
x
Lodge halls
X
x
x
Luggage shops
x
x
x
Liquor (package) stores
x
x
x
Mail order establishment
x
x
x
Marine supplies, retail
x
x
Mattress renovating
x
Meat market, retail
x
x
x
Medical clinic
x
x
x
Messenger office
x
x
x
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KI•1
BUSINESS USE
Millinery shop
Millwork, retail sales only, special exception*
Modiste, wearing apparel, furrier, retail
Motels
Motorcycle sales and service, special exception*
Municipal buildings, parks, playgrounds, reserva.
tions, parking
Museum
Music and radio stores, retail
Music instruction
Newspaper bureau
Newsstand
Notions, variety stores
Novelties (handbags and handicraft), retail
Novelties (handbags and handicraft), wholesale or
retail and wholesale
Nursery sales (see § 28-149(a))
Nurseries
Office building, general
Office supplies and furniture, business machines
Offices for doctors, dentists, pediatrics, architects,
realtors and related professions
Optical stores
Optometrist
Outdoor (sidewalk) sales
(1) For a limited, temporary period of time not to
exceed four (4) days.
(2) In conjunction with an authorized, licensed
business use.
(3) Outdoor storage and display of merchandise
during business hours only.
(4) Requires application to and approval of city
manager.
Package and liquor stores
Paint stores, wall covering, retail only
Parcel delivery service
Parking, commercial
Parking garage, commercial
Parking lots for rent
Pawnshops
Pet shops
Photograph, developing and printing for others,
retail, pickup and delivery only*
Photograph galleries
Photostati.ng and copy service
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BUSINESS USE
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Physical therapists (only when licensed by state)
Plastic articles, retail
6
Plumbing fixtures, retail
Plumbing, wholesale, repair shop
7
Post office
Printing shops, blue printing business, newspapers
8
Pump and wells, retail
9
Radios, televisions, sales and repairs
Real estate or insurance offices
10
Reducing salons
Restaurant and dining room
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Restaurants can create certain odors
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generatepiar5age of are quantities
wFichmay attract vermin and insects
13
and accordingly must be separated_by
a sufficient buffer and contain other
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standards to protect the health,safety
and welfare of the people. Accor in
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this use is permitted by special
exception in_B-1 and B- is ric s. In
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addition to other requirements, the
foTlowing criteria must be met:
1.7
17 The establishment shall be at least
100 feet from the nearest residence
g
measured in a straight ine from the
nearest means of ingress and egress of
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the res auran
to the nearest means of ingress and
20
egress of the residence.
2. There must be prior approval of the
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means and method of waste collection
the City Council.
3. A
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plan for control, reduction or
elimination of offensive odors show d be
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su5mitted with the app. ication or,.special
_
exception to the city.
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Restaurant with drive-in window. In addition to all
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parking and other regulations, each drive-in
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window must have stacking capability of one
hundred (100) feet minimum. Furthermore, if the
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drive-in order is given at one location and is
picked up at another location, there must be
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stacking facilities of one hundred (100) feet
minimum both at the order point and the point of
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pickup. The drive-in facility's stacking must be
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self-contained and may not spill over to disrupt in
any way customers seeking to park their cars or
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disrupt the flow of traffic on public rights -of -way.
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BUSINESS USE
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Restaurants can create certain odors
generate garbage of .arequantities-
which ma attract vermin an insects
anaccord inglymust be separated y
_
a sufficient buffer and contain other
standards to rotect the healt sa et
and welfare of t e eo
,
e. ccor in ,
t is use is ermitted
y specia
exce tian in B- and B-2 districts. In
addition to other re uirements,.the
following criteria must be met:
1. The establishment shall beat least
100 feet from the nearest residence
measured in a strai ht ine from the
nearest means of ingress an egress of
the restaurant
to the nearest means of in ress and
egress of the resi ence.
2. - There must be-PPrior approval of the
means and method of waste co ection
t e City Council.
3. A an for control, reduction or
elimination of offensive odors s ould be
submitted with the a ication or s ecial
exce p tion to t e cit
Savings and loan associations. 1f -the-savings-,and
x* x
hm"'- -asseeifttim -is- -a- -freestan-ding - bnihhng,- -the
parcel-s+m4l-be �minimtrrn •of-Orire sere, tl�si�e�f
drive-hr-faei}irties_ If any savings and loan,
whether freestanding or not, is to have drive-in
facilities, this use is allowed only if a traffic
circulation plan is submitted which will be
sufficient to satisfy the maximum projected usage
of the drive-in facility on the site with no
disruption of traffic off the premises or disruption
of customers seeking to park their vehicles and to
physically enter the savings and loan. Each
drive -up lane must have stacking capability of one
hundred (100) feet minimum.
x x
Savings & loan, not in freestanding building x x
Schools, business x* x
Business schools are permitted by special
exception only in B-1 zoning districts if
all of the followin criteria are satisfied:
1 _ Theschool does not occupy mare than
2,000 s .ft. of gross floor area; and
(2) All activities are conducted indoors; and
_(TF Hours are to be limited in order to be
com atib a with nei hborin estab ish-
ments; and
(4) The school shall not generate noises which
may be heard outside of the establishment;
an
(5) The proposed school is compatible with -
neighboring establishments;_and
6 Such other reasonable conditions as the
City Council may require to protect the
public health, safeq and welfare.
Schools,driving x
Schools, jewelr ma kin x
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Schools, modeling
Schools, trade, vocational, industrial, public or
private, not listed
Secondhand stores
Shoe repair shop
Shoe stores
Sign painting, car, lettering
Skating rinks
Soft drink stands
Souvenir stores
Sporting goods store
Sprinkler system; shop, storage, and service
Stationery stores
Stock exchange and brokerage office
Storage warehouses
Sundry stores
Supermarkets
Surgical and orthopedic appliances, sales and
accessories
Swimming pools, supplies and accessories
Tailor shop
Tax collection agencies
Taxi service establishment
Taxidermist
Telephone exchange building
Television sales and repairs
Theaters, special exception*
Tire, battery and accessories, automotive; retail and
installation, as enclosed accessory use only*
Towel and uniform supply
Trailers, display and sale of
Trailers, Truck rental
Travel bureau
Tropical fish shop, retail
Upholstery shop
Utilities, public offices
Vehicular and boat maintenance
Vehicular and boat maintenance, as accessory use*
Waiting rooms and ticket offices for transportation
system
Warehouses
Water conditioning sales, residential and commercial
Water treatment, pool equipment and chemicals (no
manufacturing)
Wearing apparel stores
Wearing apparel, wholesale
Wholesale merchandiser, retail trade
Window blinds, draperies and curtains, retail
Woodworking machinery, sales
Wig shop
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SECTION 2: Section 28-197(a) of the City Code is amended by adding
the words, nu.,iara% and punctuatiai. undcll ;cored, and by deleting the words,
numerals and punctuation struck through as follows:
Sec. 28-197. Enumerated generally.
(a) Generally. The fellew4ng buildings, structures and uses
shown as permitted only by special exception in Section 28-171 of the City Code
as the same may be amended from time to time, may be approved by the city council
as special exceptionsexcept as other-
wise provided in the City Code, in accordance with the procedures and standards
of section 28-199 of the Tamarac City Code and provided that the public health,
safety, morals and general welfare will not be adversely affected; that it con-
forms to all city ordinances unless otherwise specified in this division, and
unless or specified as a condition of approval the height limits, yard spaces,
lot area and other applicable regulations shall be the same as for the other
uses in the district in which the special exception is located.
If any criteria for a special exception or for spec
exceptions in general is found by a court of competent jurisdiction to be in
adequate, the leqislative intent is for that business to be a_prohibited use
in the district for which special exception approval had previously been
required.
SECTION 3: That Section 28-197(b) is found to be redundant and
repetitious with provisions contained in Section 28-171 of the City Code and
for that reason it is hereby repealed. Former Section 28--197(c) is hereby
renumbered Section 28-197(b).
SECTION 4: Specific authority is hereby granted to codify this
ordinance.
SECTION 5: All ordinances or parts of ordinances in conflict herewith
are repealed to the extent of such conflict.
SECTION 6: Should any section or provision of this ordinance or any
portion hereof 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 as a whole or any part hereof other than the
part declared to be invalid.
SECTION 7: This ordinance shall be come effective immediately upon
its passage.
PASSED FIRST READING THIS_p�day of ,1980.
PASSED SECOND READING THIS1��ay of_�7 980.
ATTEST:
CITY CLERK -
I HEREBY CERTIFY that I have approved the �.
form and correctness of this
ORDINANCE
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CITY ATTORNEY
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MAYOR:
WSTRICT
DISTRICT
DISTRICT
DISTRICT
RKORD OF COUNCIL VOTE
12.