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ORDINANCE NO. 9740-24
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3. DEVELOPMENT STANDARDS, PARKING AND
LOADING DIVISION; BY AMENDING ARTICLE 4. DEVELOPMENT REVIEW
AND OTHER PROCEDURES, GENERAL PROCEDURES DIVISION; BY
AMENDING APPENDIX B. US 19 ZONING DISTRICT AND DEVELOPMENT
STANDARDS, GENERAL PROVISIONS, SUBDISTRICT STANDARDS, SITE
DESIGN STANDARDS, BUILDING DESIGN STANDARDS, AND
ADMINISTRATION DIVISIONS; BY AMENDING APPENDIX C. DOWNTOWN
DISTRICT AND DEVELOPMENT STANDARDS, CHARACTER DISTRICT
STANDARDS, FRONTAGE STANDARDS, SITE DESIGN STANDARDS,
BUILDING DESIGN STANDARDS, FLEXIBILITY, AND ADMINISTRATION
DIVISIONS; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Clearwater("the City")adopted the Community Development Code
on January 21, 1999, which took effect on March 8, 1999; and
WHEREAS, the City desires for the Community Development Code to function effectively
and equitably throughout the City; and
WHEREAS, on April 4, 2023, the City adopted Ordinance No. 9643-23 amending the
Community Development Code, making a variety of changes where it had determined clarification
and revision were needed, including the addition of new requirements in Article 3. Division 14.
Parking and Loading; Article 4. Division 2. General Procedures; Appendix B. Division 1. General
Provisions, Division 3. Subdistrict Standards, Division 5. Site Design Standards, Division 6.
Building Design Standards, and Division 8.Administration; and Appendix C. Division 3. Character
District Standards, Division 4. Frontage Standards, Division 5. Site Design Standards, Division 6.
Building Design Standards, Division 8. Flexibility, and Division 9. Administration; and
WHEREAS, on June 28, 2023, the Governor of Florida signed Senate Bill 250 ("SB 250"):
Natural Emergencies in which Bill Section 14 placed certain restrictions on municipalities entirely
or partially within 100 miles of where either Hurricanes Ian or Nicole made landfall; and
WHEREAS, SB 250 established that municipalities may not "propose or adopt more
restrictive or burdensome amendments to their comprehensive plan or land development
regulations" prior to October 1, 2024, declaring that any such amendment "shall be null and void
ab initio" and the provision applies retroactively to September 28, 2022; and
WHEREAS, the City adopted Ordinance No. 9712-23, which rescinded portions of
Ordinance No. 9643-23 which were determined to be "more restrictive or burdensome" and
therefore null and void ab initio pursuant to SB 250; and
WHEREAS, on November 13, 2023, the Governor of Florida signed House Bill 1-C ("HB
1-C"): Disaster Relief in which Bill Section 14 amended the language of certain restrictions from
within 100 miles of where either Hurricanes Ian or Nicole made landfall to certain specific counties,
which removed those restrictions from the City of Clearwater; and
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WHEREAS, to ensure transparency with the public and proper processing, a new
ordinance reestablishing the previously approved changes which are null and void ab initio is
advised; and
WHEREAS, the City has determined that these amendments to the Community
Development Code promote and support the public health, safety, morals, and welfare, of the
City's residents; and
WHEREAS, at a duly noticed public meeting the Clearwater Community Development
Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these
amendments, conducted a public hearing, considered all public testimony and has determined
that these amendments are consistent with the City of Clearwater's Comprehensive
Plan and recommended that the City Council adopt these amendments; and
WHEREAS, the City Council has fully considered the recommendation of the Community
Development Board and testimony and evidence submitted at its public hearing; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3. Development Standards, Division 14. Parking and Loading,
be amended to read as follows:
Section 3-1407. — Parking restrictions in residential areas.
A. Restrictions. For the dual purpose of preserving attractive residential areas within the city
and promoting safe unimpeded traffic circulation throughout such neighborhoods, the
following parking restrictions shall apply except as provided in paragraph B of this section:
1. Within street right-of-way. The following vehicles shall not be parked or stored on any
public right-of-way in a residential zoning district, residentially designated downtown
property, or on any right-of-way contiguous to such properties a residentially zoned
may:
a. Any boat or boat trailer;
b. Any hauling trailer;
c. Any of the following recreational vehicles: travel trailers, motor homes and camping
trailers;
d. Any commercial vehicle.
e. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar vehicle not
designated for street operation.
2. Between principal structure and right-of-way. The following vehicles shall not be parked
or stored, in whole or in part, in a front setback and/or forward of the building line of the
principal structure and any right-of-way line in a residential zoning district or on a
residentially designated downtown property up to a maximum of two frontages:
a. Boat in excess of 20 feet;
b. Any boat trailer in excess of 25 feet total length or in excess of five feet longer than
any boat occupying the trailer;
c. Hauling trailer;
d. Recreational vehicles, travel trailers, motor homes and camping trailers.
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e. Any commercial vehicle which measures in excess of 20 feet in total chassis and
body length, seven feet in total width or seven feet in total height, including
appurtenances, equipment and cargo.
f. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar vehicle not
designated for street operation.
3. Parking in the side or rear setback. The following vehicles may be parked or stored, in
whole or in part, in a side or rear setback behind the front building line of the principal
structure in a residential zoning district or on a residentially designated downtown
property provided such vehicles are screened with a six-foot high solid fence, wall or
hedge:
a. Boat in excess of 20 feet;
b. Boat trailer in excess of 25 feet;
c. Hauling trailer;
d. Recreation vehicles, trailers, motor homes and camping trailers; and
e. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar vehicle not
designated for street operation.
4. Large vehicles. The following vehicles shall not be parked or stored in any residential
zoning districts or on any residentially designated downtown property:
a. Commercial vehicles measuring in excess of 20 feet in total chassis and body length,
seven feet in total width or seven feet in total height, including appurtenances,
equipment and cargo are prohibited; and
b. Semi-tractor trailer, semi-tractor cab or any garbage truck, pump-out truck, chemical
truck, gasoline truck, fuel oil truck or similar vehicle designed to transport wastes or
hazardous or noxious materials.
* ** ** * * * **
Section 3-1408. - Parking restrictions in nonresidential areas.
A. Commercial trucks, semi-tractor trailers, cabs and other commercial vehicles shall be
permitted to be parked or stored on commercial property only if such vehicles are associated
with the property on which they are located.
B. Boats or boat trailers, hauling trailers, and recreational vehicles shall not be parked or
stored on any public right-of-way in nonresidential areas.
Section 2. That Article 4. Development Review and Other Procedures, Division 2.
General Procedures, Section 4-201. Optional pre-application conference, be renamed and
amended to read as follows:
Section 4-201. —Aytiepai-Pre-application conference.
A. Applicants for a proposed development in the US 19 or Downtown zoning districts shall
have a pre-application conference with the Community Development Coordinator or his/her
designee prior to development application, unless otherwise waived by the Community
Development Coordinator,to review the preliminary site plan, building elevations, and other
materials required by the Community Development Coordinator. Those development
projects that are exempt from the US 19 Zoning District and Development Standards
pursuant to Section B-104.0 or the Downtown District and Development Standards
pursuant to Section C-104.B shall be exempt from this requirement.
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B. Proiects in all other zoning districts. An applicant for development approval may request an
informal conference with the community development coordinator prior to filing
an application for the purpose of discussing the proposed development and to identify the
views and concerns of the applicant and the city's professional staff.
Section 3. That Appendix B. US 19 Zoning District and Development Standards,
Division 1. General Provisions, Section B-104. Applicability of Development Standards, be
amended to read as follows:
Section B-104. —Applicability of Development Standards.
* ** ** * * * **
C. Exemptions
The following types of development are exempt from all or a portion of the Development
Standards as follows.
* ** ** * * * **
5. Change of Use. Projects involving only a change in use are exempt from the
Development Standards in Appendix B, Divisions 4, 5 and 6, but shall comply with the
bicycle parking standards in Section B-303.D when the change of use results in an
increase in the minimum number of bicycle parking spaces required. When applicable,
this shall only apply to the increase in bicycle parking required for the new use.
6. Improvement, Remodel, or Reconstruction. Building improvement and remodel
projects, including reconstruction of buildings in the general location or footprint of
buildings being replaced, with up to 5 percent additional gross floor area, shall be
exempt from the Development Standards as follows.
a. Building improvement, remodel, or reconstruction projects valued at less than 25
percent of the total assessed building value as reflected in the Property Appraiser's
current records at the time of application are exempt from the Development
Standards in Appendix B, Divisions 4, 5 and 6, except that the location of any new
floor area, including accessory structures, shall be compliant with the setback
requirements in Division 4 of these standards to the greatest extent practicable as
determined by the Community Development Coordinator, and bicycle parking shall
be provided for any new floor area consistent with the bicycle standards in Section 13-
303.D.
b. Building improvement, remodel, or reconstruction projects valued at 25 percent or
more of the total assessed building value as reflected in the Property Appraiser's
current records at the time of application, are exempt from all but the pedestrian
walkway standards in B-503.C, the surface parking and service area standards in 13-
504.A.1, the biGyGle .,along standaMs in 9 504-r,, and the landscape requirements
in B-505.A of these standards, which shall be brought into compliance to the greatest
extent practicable as determined by the Community Development Coordinator.
Additionally, the location of any new floor area, including accessory structures, shall
be compliant with the setback requirements in Division 4 of these standards to the
greatest extent practicable as determined by the Community Development
Coordinator, and bicycle parking shall be provided for any new floor area consistent
with the bicycle standards in Section B-303.D. Landscape requirements in B.504.A.1
and B.505.A may be modified as part of a comprehensive landscape program
pursuant to the criteria set forth in Section 3-1202.G.
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* ** ** * * * **
Section 4. That Appendix B. US 19 Zoning District and Development Standards,
Division 3. Subdistrict Standards, be amended to read as follows:
Section B-303. — Permitted Uses & Parking
A. Use & Off-Street Parking Table
Permitted uses and approval levels by Subdistricts, along with off-street parking
requirements, are listed in Table 2. Use & Off-Street Parking. Active uses are required at
identified key corners, as defined in Section B-303.B. Pursuant to Section B-801, new
construction projects on sites of 10 acres or more shall require at a minimum a Level One
(flexible standard development) approval unless the proposed use or proposal otherwise
requires a Level Two (flexible development) approval.
Table 2.Use and Off-street Parking
NO
* ** ** * * * **
Footnotes:
1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning
Atlas.
2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship
or a public or private school unless the intervening land uses,structures or context are such that the location of the use is unlikely
to have an adverse impact on such school or use as a place of worship.
Key:
BCP=Level 1 Minimum Standard(Building Construction Permit).
FLS=Level 1 Flexible Standard Development(Community Development Coordinator approval required).
FLD=Level 2 Flexible Development(Community Development Board approval required).
X=Not Permitted
New construction projects on sites of 10 acres or more shall require,at a minimum,a Level One(flexible standard development)
approval unless the proposed use or proposal otherwise requires a Level Two(flexible development)approval.
* ** ** * * * **
D. Bicycle Parking
1. Short-term and long-term bicycle parking requirements are listed in Table 4. Bicycle
Parking.
Table 4. Bicycle Parking
Attached Dwellings 2 min.,or 1 space per 10 units 1 per 2 dwelling units. Units with private
(1 —100 units) garage or private storage space are
exempt.
Attached Dwellings 1 space per 20 units 1 per 4 dwelling units. Units with private
(101+units) garage or private storage space are
exempt.
Bars, Brewpubs, 2 min.,or 1 per 5,000 SF GFA None
Restaurants
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Offices 2 min., or 1 per 10,000 SF GFA 2 min.,or 1 per 10,000 SF GFA
Parking Garages 6 min.,or 1 per 20 vehicle parking spaces, None
whichever is greater
Public Transportation 10 min.,or 1 per 5,000 SF GFA 4 min.,or 1 per 10,000 SF GFA
Facilities
Retail Sales and 2 min.,or 1 per 5,000 SF GFA None
Services, Retail
Plazas,Alcoholic
Beverage Sales
All Other 2 min.,or 1 per 10,000 SF GFA None
Nonresidential Uses
2. All short-term bicycle parking areas shall be in highly visible locations along pedestrian
walkways and near building entries.
3. All bicycle parking provided shall comply with the bicycle parking standards in Section
3-1411 of this Development Code.
Section 5. That Appendix B. US 19 Zoning District and Development Standards,
Division 5. Site Design Standards, Section B-503. Access and circulation, be amended to read
as follows:
Section B-503. —Access and circulation.
* ** ** * * * **
D. Cross Parcel Connections
To facilitate circulation and improve accessibility,vehicle and pedestrian facilities on adjacent
sites shall be interconnected. Existing and planned parking lot drive aisles and pedestrian
walkways shall be aligned and connected with abutting sites. In cases where no connection
exists on an abutting developed site, afd-drive aisle and pedestrian walkway-stub outs shall
be constructed OR pFepeFties ab ttiRg ,,.,devel, ped to allow for future connections.
Section 6. That Appendix B. US 19 Zoning District and Development Standards,
Division 6. Building Design Standards, be amended to read as follows:
* ** ** * * * **
Section B-602. — Fagade treatment and design.
* ** ** * * * **
B. Limited Blank Facades
Blank sections of ground floor building fagades fronting or within view of streets, pedestrian
walkways, or other a44d-public spaces shall not exceed 20 feet in length. Elements such as
windows, doors, balconies, columns, pilasters, changes in material, or other architectural
details that provide visual interest shall be distributed across the fagade in a manner
consistent with the overall design of the building.
* ** ** * * * **
E. Upper Floor Facade Articulation and Fenestration
* ** ** * * * **
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3. To minimize blank facade areas along street frontages, facades fronting streets and new
primary drives shall provide fenestration (doors, windows or other openings)to an extent
of a minimum of 20 percent of each floor's facade area as measured between finished
floor and finished ceiling.
* ** ** * * * **
Section 7. That Appendix B. US 19 Zoning District and Development Standards,
Division 8. Administration, Section B-801. Site plan approvals, be amended to read as follows:
Section B-801.—Site plan approvals.
A. Required Pre-Application Conference
A pre-application conference shall be required for all development applications within the US
19 District unless the development is exempt from the Development Standards pursuant to
Section B-104.0 or this requirement is otherwise waived by the Community Development
Coordinator.
B. Approval Authority
The final decision-making authority for site plans is either the Community Development
Coordinator for Level One approvals or the Community Development Board for Level Two
approvals, as specified in Article 4. The level of approval required varies by use and
subdistrict as specified in Table 2. Use & Off-Street Parking, which identifies whether a use
can be approved as a Building Construction Permit (Level 1 Minimum Standard), or if
Community Development Coordinator (Level One Flexible Standard Development) or
Community Development Board (Level Two Flexible Development) approval is required.
Projects on sites of 10 acres or more shall require at a minimum a Level One (flexible
standard development) approval. Projects requesting flexibility in the application of Design
Standards shall follow the process established in Section B-702.
Section 8. That Appendix C. Downtown District and Development Standards, Division
3. Character District Standards, Table 1. Use and Off-Street Parking be amended to read as
follows:
* ** ** * * * **
Table 1.Use and Off-street Parkin
* ** ** * * * **
NONRESIDENTIAL USES
* ** ** * * * **
Overnight Accommodations BCP BCP X BCP BCP None 0.75/unit
Hotel
* ** ** * * * **
Self Storage Warehouses FLS X FLS FLS FLS 1.The use shall be N/A
secondary to and
shall not exceed 25
percent of the gross
floor area of the
building in which it is
located�aethg
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Table 1.Use and Off-Street Parkin
ON=
2.Leasing office and
other non-storage
customer service
areas shall be
incorporated into the
building frontage
along the primary
street.
3.Outdoor storage of
any kind shall be
prohibited.
4.Access to
individual storage
spaces shall be
provided from within
the building.
45.All loading areas,
including bays and
loading zones used
for the placement of
personal products
onto,or removal
from,a transportation
vehicle shall be
provided along the
interior side or rear of
the building and
screened from view.
* ** ** * * * **
* ** ** * * * **
Section 9. That Appendix C. Downtown District and Development Standards, Division
4. Frontage Standards, be amended to read as follows:
* ** ** * * * **
Section C-405. —Storefront 2 frontage.
* ** ** * * * **
C. Front Setback Improvements.
1. Where front setbacks are provided, the area within the setback shall be improved
primarily as a hardscape extension of the public streetscape with no change in elevation
from adjacent sidewalks.
2. Landscape areas may account for 35 percent maximum of the front setback area. Such
landscaping shall comply with landscape requirements in Section 3-1202.
3. Low curbing up to six inches in height may be used to define the edge of landscape
areas but no permanent physical obstructions such as walls, railing, or fencing are
permitted.
* ** ** * * * **
Section C-406. —Workshop/flex frontage.
* ** ** * * * **
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C. Front Setback Improvements.
1. The front setback area shall be improved as a landscape area with walkway connections
between sidewalks and front building entries. Low curbing up to six inches in height may
be used to define the edge of landscape areas but no permanent physical obstructions
such as walls, railings, or fencing are permitted between the street and front building
fagade.
* ** ** * * * **
Section 10. That Appendix C. Downtown District and Development Standards, Division
5. Site Design Standards, be amended to read as follows:
* ** ** * * * **
Section C-503. —Access and circulation.
* ** ** * * * **
D. Cross Parcel Connections. To facilitate circulation and improve accessibility, vehicle and
pedestrian facilities on adjacent sites shall be interconnected, except for detached dwellings
and duplexes on interior lots along Street Type F. PaFkiExisting and planned parking lot
drive aisles, private drives, private service drives, and pedestrian walkways shall be aligned
and connected with abutting sites. In cases where no connection exists on an abutting
developed site, and-drive aisle and pedestrian walkway stub outs shall be constructed on
. FGpeFties abutting undeveloped site to allow for future connections.
* ** ** * * * **
Section C-510. —Swimming Pools.
Swimming pools for all attached dwellings except duplexes, shall be located on the roof of the
building or internal to the development site as a courtyard pool, surrounded on all four sides by
building(s), and not along street frontages as illustrated in Figure 31. Swimming pools for
detached dwellings and duplexes shall comply with the accessory structure provisions in Article
3, Division 2 of this code.
9 Ordinance No. 9740-24
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Figure 31. Swimming Pools
(Insert two new images for Figure 31 and renumber subsequent Figures accordingly)
IVF % s r
� g'g
it< } �, ii 1���''
a
t v 11
(it,t{�1r�rt� }t� rt �
1f
+U�4}rtr Kt6�1t����llll(i�
r t
Rooftop Swimming Pool Courtyard Swimming Pool
* ** ** * * * **
Section 11. That Appendix C. Downtown District and Development Standards, Division
6. Building Design Standards, be amended to read as follows:
* ** ** * * * **
Section C-602. — Facade treatment and design.
* ** ** * * * **
C. Facade Materials All building facades within view of a public street, pedestrian walkway,
waterfront, or other public space, including side and rear facades, shall be constructed of
high quality materials such as brick, stone, architectural block, concrete with an architectural
finish, and traditional cementitious stucco. Side and rear facades shall use materials and
design features similar to or complementary to those of the front facade. The use of metal
facades shall not be permitted.
D. Upper Floor Facade Fenestration. To minimize blank facade areas along street frontages,
facades fronting streets and new primary drives shall provide fenestration (doors, windows
or other openings) to an extent of a minimum of 20 percent of each floor's facade area as
measured between finished floor and finished ceiling.
*** RELETTER REMAINING SUBSECTIONS, PENDING APPROVAL OF NEW D. ABOVE ***
* ** ** * * * **
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Section 12. That Appendix C. Downtown District and Development Standards, Division
8. Flexibility, be amended to read as follows:
* ** ** * * * **
Section C-803. - Flexibility provisions.
Flexibility may be approved subject to the standards below.
K. Site Design Standards- Swimming Pools.
Flexibility in the application of swimming pool requirements in Section C-510 may be
approved consistent with one of the following.
1. For buildings at corner locations, flexibility may be approved to allow at-grade swimming
pools within in a courtyard of a "U"-shaped or "L"-shaped building along a secondary
street frontage. Where flexibility in this standard is allowed, non-opaque or picket-style
fencing may be permitted to a maximum height of 6 feet in line with or setback from the
front building facade.
2. For buildings on Through-Lots or Multi-Frontage Lots, flexibility may be approved to allow
at-grade swimming pools within a courtyard of a "U"-shaped building along Street Type
D. Where flexibility in this standard is allowed, non-opaque or picket-style fencing may
be permitted to a maximum height of 6 feet in line with or setback from the front building
facade.
*** RELETTER REMAINING SUBSECTIONS, PENDING APPROVAL OF NEW K. ABOVE ***
* ** ** * * * **
Section 13. That Appendix C. Downtown District and Development Standards, Division
9. Administration, be amended to read as follows:
Section C-901.-Site plan approvals.
A. Required Pre-Application Conference
A pre-application conference shall be required for all development applications within the
Downtown District unless the development is exempt from the Development Standards
pursuant to Section C-104.13 or this requirement is otherwise waived by the Community
Development Coordinator.
B. Approval Authority
The final decision-making authority for site plans is either the Community Development
Coordinator for Level One approvals or the Community Development Board for Level Two
approvals, as specified in Article 4. The level of approval required varies by use and character
district as specified in Table 1. Use & Off-Street Parking, which identifies whether a use can
be approved as a Building Construction Permit(Level 1 Minimum Standard), or if Community
Development Coordinator (Level 1 Flexible Standard Development) or Community
Development Board (Level 2 Flexible Development)approval is required. Projects requesting
flexibility in the application of development standards shall follow the process established in
Appendix C, Section C-802.
* ** ** * * * **
Section C-903. - Regulating plan adjustments.
* ** ** * * * **
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B. Street Type on Existing or New Publie Streets. Upon approval of a development project
which includes new streets or existing PYbIiG streets where a street type was not previously
depicted in Figure 2. Regulating Plan—Street Types and Key Corners, the Community
Development Coordinator will make an administrative adjustment to Figure 2. Regulating
Plan—Street Types and Key Corners to reflect the approved street type(s).
Section 14. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 15. The City of Clearwater does hereby certify that the amendments contained
herein, as well as the provisions of this Ordinance, are consistent with and in conformance with
the City's Comprehensive Plan.
Section 16. 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 17. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 18. This Ordinance shall take effect immediately upon adoption.
January 18, 2024
PASSED ON FIRST READING
February 1, 2024
PASSED ON SECOND AND FINAL
READING AND ADOPTED
LJDocuSigned by:
%a 4A, Q"St
Brian J. Aungst, Sr.
Mayor
DS
Approved as to form: Attest:
F
ADoc�u�Signed by:: Fk628B85FE-BFFE4
D-ocuSignedby:
uM t p"�1�� ��R�YIq Ah lXi Lau
iia... F..
Matthew J. Mytych, Esq. Rosemarie Call, M , MMC
Senior Assistant City Attorney City Clerk
12 Ordinance No. 9740-24