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2771-82 rr? A 0e • ¦R, I sly ORDINANCE NO. 2771-82 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 131, ZONING, OF TITLE XI, BUILDING AND ZONING REGULATIONS, OF THE CODE OF ORDINANCES, CITY OF CLEARWATER, TO REPEAL SECTION 131, 225, SITE PLAN APPROVAL PROCEDURES, AND ENACT IN LIEU THEREOF, A NEW SECTION 131. 225, SITE PLAN APPROVAL PROCEDURES AND REQUIREMENTS, TO PROVIDE FOR THE INTENT, THE APPLICATION, THE PROCEDURE, THE DESIGN CRITERIA, THE SUBMISSION REQUIREMENTS AND PROVISIONS FOR ASSURING COMPLIANCE WITH THE CODE; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; PRO- VIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PRO- VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, on June 3, 1982, the City Corranission of the City of Clearwater, after proper public notice, held a public hearing on certain proposed changes to the Zoning Ordinance of the City of Clearwater in accordance with procedure as established; and WHEREAS, the City Commission has fully considered the recommendations and report of the Planning and Zoning Board relative to the certain proposed changes to the Zoning Ordinance; and WHEREAS, certain of the proposed changes and amendments to the Zoning Ordinance were approved by the City Commission after its evaluation of all evidence presented at the said public hearing; and WHEREAS, the Local Government Comprehensive Planning Act (LGCPA) requires that all development regulations and amendments thereto related to an adopted comprehensive plan or element thereof be reviewed by the Local Planning Agency (LPA) for conformance with plans adopted pursuant to the LGCPA; and it WHEREAS, the Pinellas County Planning Council (PCPC) has been designated the Local Planning Agency for Pinellas County and the PCPC has adopted guidelines with reference to such required referral process; and WHEREAS, this Ordinance has been referred to and considered by the PCPC under said process; :. Ord .2771-82 8/19/82 ?s '91111111 pi R ?f ?, i ¦' ?t i ''?" Ir...;?` "?-^.r .* •[.'-H. ?iy j'JY'?, rn ti.. 9r ... ?:i?7:=:?!s.,;.a;3???'k?1?:•:'?h?i???i?Sl.ti tS!?'?h.-?.c?7tt?Tp'S;?.`L? - - - - ''?.?k~e?" _??„3'f'"i.'!`'rlt,.e ?: r{":{7 ,d-???'f(;`..,:?v?:4.?.; :-p'l? .?: 'k'bi;???????j3'" r?'r. .t?:;'?'" PF?? ...e .•1? :!' ,"7?? i +s [ d } NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF T13E CITY OF CLEARWATER, FLORIDA: Section 1. Section 131.2x5, Site plan approval procedures, of ' r• Article VI, Development Requirements and Procedures, of Chapter 131, I Zoning, of Title XI, Building and Zoning Regulations, of the Code of Ordinances, City of Clearwater, is hereby repealed in its entirety. Section 2. There to hereby enacted a new Section 131.225, Site ° plan approval procedures and requirements, of Article VI, Development uirements and Procedures of Cha Re f Titl XI B t r 131 Zonin ildi j[ [ r. a if3". ",? ,? t? `? g, o e p e , u ng q ,y? c h ii k and Zoning Regulations, of the Code of Ordinances, City of Clearwater, to `,',. read as follows: R r: Section 131.225. Site Plan Approval Procedures and Requirements. (A) Intent. It is the intent of this section to encourage a high standard of land planning and development design through careful review of the nature and composition of a proposed development project as well as to provide full consideration of potential, impacts of proposed developments upon surrounding uses and land, thereby positively contributing to the character and integrity of the overall community. It is the specific purpose of the site plan review process to provide a mechanism to insure that the individual components of the development process are carefully integrated in order that a project meets laot only those minimum code requirements and individual design standards, but also addresses in its totality the design guidelines set forth in this section. (B) Basis for Review - Prelude_ In order to provide a clear delineation of the design guidelines which will be the basis on which all site plans will be reviewed, an outline of those design guidelines set forth in their entirety in Paragraph (G) of this section is outlined in summary fashion below: (1) Plar, and Code Requirements (2) Environment and Open Space (3) Traffic and Parking (4) Drainage and Utilities (5) Neighborhood Compatibility (C) Development requiring site plan approval. Site plan approval as hereinafter set forth is required prior to the issuance of any building permit for all land uses identified in Article III, Divisions 2 - 26 of the Zoning Code for the following: (1) A parcel of land one (1) acre or more in size proposed to he used for commercial, industrial, office, public or semi-public uses; (2) A parcel of land proposed to be used for multi-family or hotel/motel use of eight (8) or more units; -2- Ord 2771r-82 B/19/82 Y .;"> 0 (3) A parcel of land less than one (1) acre to size or for less than eight (8) units, as otherwise described in (C) (1) and (2) above, where such parcel or use of land is being established, through lease or sale, from a larger previously developed or site plan approved parcel of land. Both the new parcel or use and the previously developed or approved parcel, to the extent its use or any feature of the site is altered, shall be subject to the Bite, plan review process; and (4) A parcel of land one (1) acre or more in size devoted to commercial, industrial, office, public or semi-public use or a parcel of land deveoted to eight (8) or more multi-family or hotel/motel units which use of land or building is proposed to be expanded by twenty-five (25) per cent or more of lot area or building floor area; and (5) A parcel of land, irrespective of size, where due to the unique characteristics of the land, surrounding use(s), proposed use or other features of the development, the City Manager determines it is in the interest of the public health, safety or welfare that such project be subject to the site plan review process, The City Manager shall have the authority to waive the require- ments for such public, City-sponsored projects as is determined appropriate based on the nature, location, size and impact of such project(s). (D) Procedure. Those developments subject to site plan review as identified in Section 131. 225 (c) shall be processed in the following manner; (1) Preliminary Site Plan (a) Submission The applicant or hie representative shall submit twelve (12) copies of the preliminary site plan, together with the appropriate application fee to the Planning Department to initiate processing of the plan. A preliminary site plan shall be submitted for receipt and referral by the City Commission not less than ten (10) days prior to the regularly scheduled meeting at which it is to be considered, unless other- wise approved by the City Manager. Upon determination by the Planning Department that all submission require- ments as identified iu this section hnve been fulfilled, the preliminary site plan shall be placed on the next regularly scheduled City Commission meeting agenda for review and determination by the City Commission. (b) Review - The City Commission shall review the preliminary site plan and authorize staff to receive and process the final site plan. In review of the preliminary site plan the City Commission may identify such matters of development policy or items of concern with respect to the specific location, design or impact of the proposed project to which staff shall address its particular attention in review of the final site plan. ;j t4..4;Ki§; w;r. xw (.c) Action - The City Commission, based upon its review of the preliminary site plan, shall authorize review' and disposition of the final site plan as follows-. 2771x82 -3- s?zs/?z 1.# fE i=. 1. Review and recommendation by the Resource Development Committee to and final action by the City Manager; or 2. Review and recommendation by the Resource Development Committee to the City Manager, with final action by the City Commission. The determination of the method of disposition of the final site plan shall be at the discretion of the City Commission. Further, the City Manager may forward any final site plan which the Manager has been authorized to act upon to tha City Commission for final action, where in the opinion of the City Manager, such Commission action is necessary or beneficial to the public interest. (Z) Final Site Plan (a) Submission - Upon disposition of the preliminary site plan by the City Commission, the applicant or his representative shall, within six (6) months of City Commission action, submit to the Planning Department twelve (12) copies of the final site plan, signed and sealed by a licensed professional engineer, architect or landscape architect or combination thereof, as is appropriate according to Florida State licensing requirements. Plans shall be submitted for review by the Resource Development Committee not less than ten (14) days prior to the regularly scheduled meeting at wha:h it is to be considered, unless otherwise approved by the Chairman.of the Committee. Upon determination by the Planning Department that all submission requirements as identified in this section have been fulfilled, the final site plan shall be placed on the next regularly scheduled Resource Develop- ment Committee meeting agenda for review and recommenda- tion by the Committee. (b) Review - The Resource Development Committee shall review the final site plan according to the design guidelines of Paragraph (G) of this section. The Committee shall evaluate and make a finding of fact with respect to the satisfactory application of the design guidelines, both individually and in combination, to the subject plan. The Committee may, for the purpose of allowing the applicant an opportunity to address unresolved issues, continue consideration of the final site plan prior to formulating a recommendation. (c)Action - The Resource Development Committee shall recom- mand approval., approval with conditions or denial of the final site plan to the City Manager. In acting on the final site plan, both the City Manager and/or the City Commission shall have power to impose conditions, including conditions specifying the time that the site plan approval shall remain valid and the time within which a project must be completed, such as in sur a compliance with the site plan review process and standards and the Zoning Code in general. Based upon the recommendation of the Resource Development Committee, direction of the City Commission in acting on the preliminary site plan and the determination of the City Manager as to the necessity or benefit of City Commission consideration of the final site plan, the City Manager shall either: 1. Approve, approve with conditions, or deny the final site plan, or Z. Recommend approval, approval with conditions, or denial of the final site plan to the City Commission. -4- prd 2771-82 8/19/82 ?z Se. City Commission action on a final site plan shall be at a regularly scheduled meeting of the Commis lion and shall consider the findings and recommendation of the City Manager and the Resource Development Committee, as well as such additional relevant information as may be presented. (d) Certification - A minimum of twelve (12) copies, and any additional copies as may be supplied by the applicant, of a final site plan approved or approved conditionaay by the City Manager or by the City Commission shall be submitted to the Planning Department within thirty (30) days of action on the final plan. Final site plans approved subject to any changes to be made in the plan shall be so changed prior to certification. The Planning Department shall verify and forward said copies to the City Clerk to be certified, distributed to the designated departments and filed by the City Clerk to constitute a permanent record of the final site plan. A minimum of two (2) copies of the certified plan shall be reserved for the applicant, with one (1) copy of the certified plan to accompany each separate application for building permit submitted to the Building Department, and one (1) copy to be available for inspection at the job site. (e) Amendment - Any amendment, variation or adjustment .of a certified final site plan shall require approval of a site plan amendment according to the following: 1. Major Amendment - Submission to the Planning D-.apartment and action by the City Manager or City Commission consistent with the process for approval of the original final site plan. 2. Minor Amendment - Submission to the Planning Department and action by the City Manager. The City Manager shall determine whether or not the proposed plan amendment or change is a major or minor amendment. In determining whether the amendment or change is major or minor, the City Manager should consider whether the changes or amendments are consistent with the site plan and with the design criteria contained in this ordinance. (E) Effect of final site plan approval. Those final site plans approved or approved conditionally shall remain valid if a valid building permit is obtained subject thereto, and the project completed in accordance with such permit, within the respective allotted time periods to be specified by the City Manager or City Commission. Extensions to the time limits imposed as a condition of site plan approval may be granted only upon application to the Planning Department and action by the City Manager or City Commission, based upon and consistent with the process for determining whether such request for extension of time is a major or minor amendment. Upon approval of the final site plan, the applicant may proceed to submit detailed construction drawings to the appropriate City., departments for approval and permitting. These shall include, -5- 771-82- 8/19/82 •- ,fir: .. F .ter. ..l a ''I .J. ? • .t. S 5 . %. ? ' ? :'4w:?'`r:ere' ?r. •:c;???. • WO. r.¦ Al .z E-11 but are not limited to, detailed building plans, site grading, tree removal and drainage plans, utility plans and landscape plans. , Nothing herein, however, shall preclude the,building department from accepting for review and processing building construction plans related to the structiural, mechanical, electrical and plumbing systems prior to the certification of a final site plan, subject to such conditions as may be established by the building director relative to such pre- plan certification processing. In such instances, no building permit or approval will be issued or given until the final.site plan has been certified.and is on file' with the building department. All building and construction permits issued for any project requiring site plan review shall be consistent with the certified final site plan. The approval and certification of a site plan shall not under any circumstance be construed to waive or otherwise diminish the applicable City requirements for construction or installation of structures or materials. Whenever a conflict between the site plan and such construction details occurs, the more restrictive or that requiring the higher standard shall prevail. (F) Devela ment involving related code requirements. Those projects involving the following related provisions of the City Code of Ordinances shall be coordinated as set forth below: (1) Community Impact Statement - Those developments requiring a community impact statement per Section 131.223 (a) (1) and (2) in conjunction with site plan approval shall have the community impact statement scheduled for review in concert with the final site plan. (2) Planned Development Districts and Special Uses - Those developments submitted under the planned district provisions or such other special uses for which the Zoning Ordinance required Planning and Zoning Board review shall be reviewed and a recommendation made by the Planning and Zoning Board following Resource Development Committee recom- mendation and prior to action can the final site plan. (3) Variance - Those developments requiring a variance from an otherwise applicable regulation of the Zoning Code in conjunction with site plan review shall have the preliminary site plan acted upon for receipt and referral by the City Commission prior to consideration of the variance by the Board of Adjustment and Appeal on Zoning. The final site plan shall be submitted to the Resource Development Committee only upon approval of the variance by the Board of Adjustment and Appeal an Zoning, or, upon appeal, by the Hearing Officer. Similarly, an adjustment or variance required to any other portion of the City Code of Ordinances that would be necessitated by approval of the site plan shall be applied for and acted upon following receipt and referral of the preliminary site plan by the City Commission and prior to submission of the final site plan. (4) Subdivision Plat - Those developments requiring a subdivision plat per Chapter 132 of the Code of Ordinances, Ordinance No. 1449, shall have the preliminary nubdivision plat scheduled for review in concert with the final site plan. A final subdivision plat shall be filed and recorded within six (6) months and prior to the issuance of a building permit. 'qrd. 2771-82 . -6- 8/3.9/82 41 .. % mt. 3i«i.r ..._.._...;?3"]C?1?.?1=:iir :.., .: iav .. r4?:..4 _'?ei •?...::i?z?L. i'a •.:'.s:....,. w..5 .. :.?.i'!".. .m!;<:.._...:r Q i (G)Design guidelines for site plan review. It is the purpose and intent of these design guidelines to supplement the standard requirements of the individual land use plan and zoning district classifications in a manner that recognizes the need to tailor the land planning process to tho unique features of each site, while preserving the right of reasonable use of private property based upon the uses permitted under existing consistent land use plan and zoning district classifications. The design guidelines set out below shall be considered as being part of the district regulations of each district to which the site plan review process applies. - The uses set out and enumerated in each district are uses that may only be initiated after compliance with the site plan review process. The following items 'shall be given full consider- ation in the preparation and review of site plans required under this section. The Resource Development Committee shall review and make its recommendation based upon the guidelines set forth herein. The City Manager, and where applicable the City Commission, shall, prior to approving any final site plan, establish that such plan is consistent with the design guidelines of this section. Design guidelines to be considered shall include, but are not limited to, the following: 1. Plan and Code Requirements •- Site plans shall be consistent and in conformity with all applicable rules and regulations of the City of Clearwater, Pinellas County and the State of Florida, including but not limited to the following: (a) City Charter; (b) City Code of Ordinances, Titles I to XII; (c) City Comprehensive Plan and its Constituent Elements; (d) Ordinances containing conditions applicable to any particular tract or parcel, and policies established by the City Commission relating to Annexations; (e) Pinellas County Planning Council Plans and Regulations; and (f) Applicable provisions of Florida Statutes and Administrative Code. It shall be the objective of this guideline to assure compliance with all applicable City, County and State requirements as a minimum criterion for further consideration of a site plan. (2) Environment and Open Space - Site plans shall recognize the significant existing environmental and open space features of the site and property immediately adjacent thereto. The proposed development will be determined to be reasonably compatible with the existing environmental features of the site, based on an evaluation of the following specific factors: (a) Topography, including elevation, slopes and cut and fill; (b) Soil and sub-surface characteristics; (c) f4rface and ground water characteristics, including water quality and ground water recharge; -7- i a i r G. aR ?e?+n L I 6/1.g/82 • 4 (d) Vegetation and plant life, including specimen trees, natural wetland and native creek bank Or shoreline vegetation; (e) Wildlife habitat; (f) Historic and cultural significance; (g) Flood ptain and coastal flood hazard; (h) Solar access; and (i) Open Space. All of the above factors shall be determined consistent with the objectives of the City Environmental Management Program and Conservation Plan and with current develop- ment standards and design specifications of the Department of Public Works. It shall be the objective of these guidelines to assure that a development project has addressed the above listed concerns and will not significantly degrade the existing -environmental features of the site in a manner that is unnecessary to allow for the reasonable use of the property. (3) Traffic and Parking - Site plans shall be so designed as to provide for adequate traffic flow and control on public streets, coordination with public transportation modes where applicable, convenient internal circulation and service access and vehicular and pedestrian safety. A determination as to the adequacy of provisions for traffic and parking shall be based on an evaluation of the following factors: (a) Functional classification of street and highway system; (b) Existing and projected traffic volume, road- carrying capacities and levels of service; (c) Traffic signing, signalization and related control device s; (d)Number and distance between points of access and egress; (e) Sight distance and turning radii relative to curb-cuts and internal traffic flow; (f) Off-street parking and loading space; (g) Pedestrian walkways; and (h)Access for service and emergency equipment and personnel. . y Ord 2_771-82 ; All of the above factors shall be determined consistent with the objectives of the City's Thoroughfare Plan and with current development standards and design specifi- cations of the Traffic Engineering Department. It shall be the objective of this guideline to insure adequate provision for vehicular and pedestrian movement and safety within the site and as it relates to the adjoining public street and thoroughfare system. 8 - •k Y1. A 4 t _ P i 5 3 4- ? ?C! 4 J ,1. (4) Drainage and Utilities - Site plans shall be so designed as to provide for water supply, sewage disposal, refuse collection and surface water retention. Those specific factors to be evaluated in determining that these measures have been adequately addressed include the following: (a) City-wide water supply and sewage treatment capabilities, by district where applicable; (b) Water mains, fire hydrants and water meters; (c) Sewer mains and manholes; (d) Gas mains, where applicable; (e) Provisions for refuse disposal, including container location and access thereto; (f) Easements for all utility lines; (g) Location, capacity and design of water retention areas, both as to the site and the watershed or basin; and (h) Responsibility for maintenance and appearance of retention areas. All of the above factors shall be determined consistent with the objectives of the City's Utility Plan and with current development standards and design specifications of the Public Works and Utilities Departments. It shall be the objective of this guideline to assure adequate service capacity and design of utility and drainage systems on the proposed development site and as they relate to the larger systems entering and leaving the site. (5) Neighborhood Compatibility - Site plans shall be so designed as to assure that the overall design and function of the proposed project are compatible and harmonious with other properties in the immediate area. Compatibility shall be measured according to the following characteristics of the proposed and neighboring development: Ord 2771--82 (a) Land use type or category; (b) Building location, dimension and height; (c) Location and extent of parking, access drives and service areas; (d) Traffic generation, hours of operation, noise levels and outdoor lighting; (e) Alteration of light, air and views; and (f) Fence, wall, landscape and open space treatment. It shall be the objective of this guideline to encourage design treatment that reflects consideration of and between adjoining developments. It is not the purpose of this provision to preclude develupment based upon normal change or that inconvenience which might ordinarily be expected to result from the land development process; but, rather it shall be the purpose of this provision to preclude significant adverse impact that is measurable and can be documented, based upon the above factors. -9- 8/19/82 s ,I . •EJ5??""`gyp:. '??? ?, .. i¦ :3W. Where the City Manager, or where applicable the City Commission, finds that a final site plan does not satisfactorily comport with one or more, in whole or in part, of the aforementioned five (5) design guidelines the City Manager or City Commission shall have the authority to deny the site plan. (H) _Procedure for Review; Noncompliance. Any applicant aggrieved by a final determination by the City Manager or City Commission in acting under the terms of this section on a final site plan may seek review by initiating an action in the appropriate court. Failure to comply with a certified final site plan or any of the conditions of approval set forth by the City Manager or City Commission, including time limits for performance, shall be cause to deny issuance of a building permit or, where a permit has been issued pursuant to a certified final site plan, to render such building permit invalid. Any action, construction, development or use of property undertaken in violation of the provisions of this section or a certified final site plan shall constitute a violation of the Zoning Code. (1) Content. Preliminary and final site plans shall be drawn to a minimum scale of one (1) inch equals one hundred (100) feet on an overall sheet size not to exceed 36 x 48 inches. When more than one sheet is required, an index sheet of the same size shall be included showing the entire parcel with individual sheet numbers referenced thereon. The following information is required on, or in an acceptable form so as to accompany, the preliminary and final site plans respectively: (1) Preliminary Plan. Ord.:277142 (a) Site plan name; (b) The property owner's name, address and telephone number; and the designated project applicant or representative and authorization for such representation if other than the property owner; (c) The architect, landscape architect or engineer's name and address; (d) North arrow, scale and date prepared; (e) Legal description; (f) Location map; (g) Zoning district classification applicable to the site and on property immediately con- tiguous thereto; (h) Gross and net site area expressed in square feet and acres; (i) Number of units and net density; (j) Floor area in non-residential use by category of use (commercial, office, industrial, etc.); ss -10- 8/19/82 "t a "4 751 IL? s'.? i.r.. s H ,.e k rte" YT2?6 -+, ? ? r a k '?N1 k (k) Delineation in mapped form and computation of the area of the site devoted to building V=. ecreation and coverage, paved coverage, r open space, expressed in square feet and as a percentage of the overall sites (1) Number of parking spaces required and r proposed; a : ,.....e (m) General location of all driveways, parking areas and curb-cuts; 1,..•. ,' s `',,= ' ' (n) Location of all public and private streets within and adjacent to the site; (o) The approximate location, size and height of all , existing and proposed structures on the site; and (p) Preliminary existing and proposed utility system information. (2) Final Site Plan -- All information included on or submitted • M 1 a so as to accompany the preliminary site plan, as it may have been adjusted and finalized plus the following: (a) The surveyed location, diameter at breast height and general type of all existing trees with a diameter at breast height of four (4) inches or more, identifying those trees proposed to be removed and those to remain; (b) Typical location, size and species, by diagram or notation, of plant materials proposed to satisfy landscape requirements per Section 131.221 of the Zoning Ordinance; (c) Provisions for both on-and-off site stormwater drainage and detention related to the proposed development; (d) Existing and proposed utilities, including size and location of all water lines, fire hydrants, sewer lines, manholes, lift stations, etc.; (e) Existing (including O. R. book and page numbers) and proposed utility easements; (f) Existing one (1) foot contours or key spot elevations on the site, and such off-site elevations as may be specifically required and not otherwise available which may affect the drainage or retention on the site; (g) The proposed general use and development of internal spaces, including all recreational and open space areas, plazas and major landscaped areas by function, and the general location and description of all proposed outdoor furniture (seating, lighting, telephones, etc. (h) The location of all retaining walls, fences (including privacy fences around patios, etc.), earth berms, and public and private sidewalks; rf Qrd 277'!-•92 8/19182 - - ----- - and .. ¦l, 4 1, .! 1 `fa •Yri:' i n-1 3 t -P.'it`, ._ .. " ,i°iT?f:• _;.:Yr`.3:fG?tis_ ekr:`: ? _. t,`SVi9,.a??uA3_ ?'N4??4"rY? i ?!R`:? _ r' ..t!:tsati?± 'l.?y?.`.?: J??Y: i?T.t. ?`y?''Y ???' .•FS!?'r„5, '{1? f 0- (i) The definition and location of all refuse collection facilities including screening to be provided; (j) The approximate location, number and dimensions of all exterior freestanding signs proposed to be located on the property and the approximate location on and area of proposed buildings to be reserved for individual exterior signs; (k) Phase lines, if development is to be constructed in phases; (1) Dimensions (lot lines, streets, drives, building liner, building setbacks, building height structural overhangs, building separations, etc. ); and (m) Shadow cast information if the proposed building is higher than any immediately adjacent building or if the height of the building is greater than the distance of the building to any lot lines. The Planning Department will review and determine that each preliminary and final site plan includes the necessary information and is in proper form for submission and consideration. Section 3. The City of Clearwater does hereby certify that the measures contained in this ordinance are consistent and in conformance with the City's Comprehensive Plan and individual elements thereof adopted pursuant to the LGCPA and directs that same be forwarded to the LPA for their receipt and appropriate action. Section 4. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 6. Notice of the proposed enactment of this ordinance has been properly advertised in a newspaper of general circulation in accordance with Section 166.041, Florida Statutes. Section 7. The provisions of this ordinance shall take'effect immediately upon its passage. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attest: ,. City Clerk Ord 2771-82• -12- ir. 9 =04? u 19. 1982 ayor- Commissioner 8/19/62 min" a ?