Ord G-300(24-58) ORDINANCE NO. G-300
AN ORDINANCE HELATING TO SET-BACK LINES APPLI-
CABLE TO EAST SIXTH AVENUE AND EAST FIFTH AVENUE
IN THE CITY OF DELRAY BEACH, FLORIDA; ESTABLISH-
ING A BUILDING SET-BACK LINE 40 FEET FROM CENTER-
LINE OF SAID THOROUGHFARES; FIXING AND PROVIDING
RESTRICTIONS UPON USE OF AREA BETWEEN
LINE AND SET-BACK LINE; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; AND IMPOSING PENALTIES.
i WHEREAS, the State Road Department of Florida has
?announced its intention to rebuild U. S. Highway No. 1 within the
!iCity of Delray Beach, Florida, using East Fifth Avenue for south-
:ibound traffic and East Sixth Avenue for northbound traffic; and
WHEREAS, by reason or such relocation of said highway,
ilit is necessary to the safety, health, life and general welfare
!icl the inhabitants of the City of Delray Beach, Florida that a new
!!and different set-back line be established along said thoroughi'aresI
!lin accordance with the proposed new highway.
': THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
!' OF DELRAY BEACH, FLORIDA:
~ SECTION 1. That along East Fifth Avenue and along East
ilSixth Avenue, within the corporate limits of the City of Delray
ilBeach, Florida, a set-back distance for the construction and
erection of buildings and improvements be and the same is hereby
fixed at a distance of rorty (40) feet east and west or the
respective centerlines or said thoroughfares, as the same are now
located and established. This set-back line shall hereinafter be
refer~ed to as the "building set-back line".
For the purposes of this ordinance, the "street line" or
"property line" is deemed as being fixed and established at a
~,distance or thirty (30) feet east and west of the respective
iicenterlines or said Fifth Avenue and Sixth Avenue in the City of
!!Delray Beach, Florida.
SECTION 2. That from and after the effective date of
iithis ordinance, no obstruction of any kind or nature, whether
temporary or permanent, artificial or natural, transitory or other-
iwise shall be permitted within the area between the street line,
as located 30 feet from the centerline of said thoroughfares, and
the building set-back line, as herein established 40 feet from the
centerline or said thoroughfares.
In clarification of this section, and not by way of
limitation, it is intended there shall be no parking of vehicles
iwithin said ten root strip at any time, no fuel pumps, no merchan-
dise rot sale or display (including all types vehicles), and no
signs or any kind.
SECTION 3. To accomplish ingress and egress to propertiesl
located along said Fifth ana Sixth Avenues~ turn-outs shall be
!pe~mitted of a maximum width of thirty (30) feet, measured along
lithe curb line; but no more than two such tu~n-outs per hundred
!ifeet of street frontage shall be allowed. No drop curb shall be
?permitted within six (6) feet of any other turn-out, property line,;
!lot around any corner within the extension of property lines at any
iiintersection of two streets or avenues.
SECTION 4o Residences, tourist courts, motels ~d hotels
shall be governed by the set-backs established in their respective
zones now provided for in Chapter 29 of the Code of Ordinances of
the City of Delray Beach, ~lorida, except that no set-back shall
be less than herein provided for.
SECTION 5. Ail ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Specifically, Section 29.7.6(10) of the Code of Ordinances of the
City of Delray Beach, Florida, is repealed.
SECTION 6. The Building Inspector is hereby designated
and authorized to enforce this ordinance, and he shall in no case
grant any permit for the construction or alteration of any build-
ing or grant any certificate of occupancy in respect to any build-
ing where the proposed construction, alteration or use thereof
would be in violation of the provisions hereof. Any person, firm
or corporation violating any of the provisions of this ordinance,
upon conviction thereof, shall be punished by a fine not exceeding
$500°00, or by imprisonment for a period not exceeding ninety (90)
days, or by both such fine and imprisonment, in the discretion of
the Municipal Court.
PASSED in Regular Session on second and final reading, on
this 10th day of November, 1958.
ATTEST
First reading OCT. z~7 1958
Affidavit of Publication
DELRAY BEACH NEWS
tio~
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally
............................................................. of the ~'Delray
Beach NEWS, a weekly newspaper published at
Delray Beach in Palm Beach County, Florida; that
the attached copy. of advertisement, being a ........ ou~a~,
..................
in the matter of .............................................................
in the ............................................................. Court,
was published in said newspaper in ~e issue (s)
Affiant further says that the said Delray
Beach NEWS is a newspaper published at Delray
Beach, in said Palm Beach County, Florida, and
that the said newspaper has heretofore been con-
tinuously published in said Palm Beach County,
Florida, each Thursday and has been entered as
second class mail matter at the post office in
Delray Beach, in said Palm Beach County, Flor-
ida, for a period of one year next preceding the re
first publication of the attached copy of.adver-
tisement; and affiant further says that__~_~_. ......
has neither paid nor promised any person, firm
or corporation any discount, rebate, commission
or refund for the purpose of securing this adver-
tisement for publication.in the said nc.w~paper.
Sworn to and .....
day of -__'~~ ................ , A. D. 19_~__~_
(SEAL) _ / /1 Notary Public
Notary Pliblic, ~a~.e of Fl~_.kb at Large
/dy Comm~szofl Exl)f~es Ney. 6, 1960
viction be punished ~ r~
prisonment, in the dl~tlOn Of
n~lp~ COUP.
~ This ~dlnan~ w~s ~!~ o~
~nE ~ the Ci~
Octo~r; ~5~, and ~l~ ~ncil