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Ord G-101(08-50) ORDINANCE NO. G-101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING, MODIFYING AND ALTERING SIDE STREET SET-BACK REQUIRE- MENTS IN CERTAIN DESIGNATED AREA~ WITHIN SAID CITY; PROVIDING EXCEPTIONS, AND FURTHER PRO- VIDING PENALTIES FOR THE VIOLATION THEREOF, AND CONTAINING A REPEALING CLAUSE. BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1: ~ That this Ordinance shall apply only to property which is now or hereafter in any business zone in this City, which property is located on a Street or Avenue running North and.or South of Atlantic Avenue; that this Ordinance shall not apply to property located further from Atlantic Avenue than the first alley-way in the block, or where no alley exists, a distance of one hundred seventy-three feet (173') from the center line of Atlantic Avenue. SECTION 2: That this Ordinance shall apply to side street set-backs only. SECTION 3: That, if any new building is erected and con- structed within the above designated area, and in said area, there are no existing structures, and the Street or Avenue has a right- of-way forty feet (40') or more, then such building being erected and constructed shall set back ten feet (10') from the property line. ~ SECTION 4: That, if any new building is erected and con- structed within the above designated area, and in such area there is a~ existing structure or structures, such structure or structures not having been erected pursuant to a temporary building permit, and the Street or Avenue has a right-of-way forty feet (40') or more, then such building being erected and constructed, shall set back as far as the existing building having the furthest set-back; provided, however, that the new building shall not be required to set back farther than ten feet (10') from the property line. SECTION 5: That, if 'any new building is erected and con- structed within the above designated area, and the Street or Avenue has a right-of-way less than forty feet (~0'), then and in that event, such new building shall set back a minimum of ten feet (10') from the property line. SECTION 6: That, for the purposes of this Ordinance, any existing building which is extended, converted, reconstructed, and/or remodeled so as to change the location of, or alter, any bearing wall, shall conform to the above requirements pertaining to new buildings./ SECTION 7: Any person violating any of the provisions of this Ordinance, shall, upon conviction thereof, be punished by a fine not exceeding $ 500.00, or by imprisonment for a period not exceeding ninety dSys, or by both such fine and imprisonment, in the discretion of the Municipal Court. SECTION 8: This Ordinance shall repeal any Ordinance or Ordinances, or part or parts thereof in conflict herewith. SECTION 9: That the foregoing requirements shall not apply to Sixth Avenue, Bronson Avenue, Salina Avenue, Palm Avenue, and Palm Street. PASSED in Regular Session on second and final reading on this llth day of July, A. D., 1950e ATTEST: ~ - .... ~ First Reading - June 27th, 1950. Second and Final Reading - July llth, 1950. Passed and adopted - July llth, 1950. Affidavit of Pub|icatlon DELRAY BEACH NEWS Published Semi-weekl.v Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared ................................................................... who on oath says ~ha~ __:_2:L_is .................................. of ~he Delray Beach News, a semi-weekl~ newspaper published at Delray Beach in Palm Beach County, Florida; - ~a~, N'- :--ormgS that the attached copy of advertisement, being a Or~i :nance ........................................................................................ ~ off~/~ o~ T~' C~ COUN~!L ~ T~ CITY O~ RAY' BEACH."' ~LORIDA, in the matter of ......................................................... ]~o. MODI~ING AND ALTER1N~~ ................................................................................. x~s w~Tm~ SA~D C~: ~no- ,:) ; THER PRO~IN~ PEh'ALT~S FOR ............................................................................. THE VIOLATION ~g~EOF' CLAUSE. ', ' r ~' ': The above Ordinance' Is published by in the ................................................. Court, caption only. Copy of same Is on file in th~ City C[~rk's Office ior in$~tion was published in said newspaper in the issues of ~f interested pergo~s. This Ordin~nc~ war placed on first r~ding by the~ ~[ty Court- c, ~-3.1~ ~.. 27th, 1950, and s~d City CoUncil will sit in th~ Council Chambers %n th~ l~th day of July, 1950, at which ti~e the above .................................................................................. Ordinance shall be read In full, and all persons interested shall: ~ given; an portuntty !to be he~rd, Affiant further says that the said Delray nu.a a. City Clerk of the City ol Beach News is a newspaper published at Delray Delray Beth, ~lori~, Beach, in said Palm Beach County, Florida, and June ~z~w ~, that the said newspaper has heretofore been con- tinuously published in said Palm Beach County, Florida, each week 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 first publication of the attached copy of}~yer- tisement; and affiant further says that .... ;__._; has neither paid nor promised any person, firm or co~oration any discount, rebate, commission or refund for the purpose of securing ~is adver- tisement for publication in the said newspaper. Sworn to a~subserib~ before me this__::~.___ (8~) No~ Public 'qo~o~' Pub[/~, Store of Florida ct taro~ My comm~ '~ '~'<~:: ~ Oct. ,~ t953.