Ord 176-37 ORDINANCE NO.
mN ORDINANCE OF THE CITY OF DELRAY
BEACH CREATING A SPECIAL WM:tD OR
DISTRICT; AND PROVIDING FOR THE ZONING
OF SAID DISTRICT; AND PRESCRIBING THE
PURPOSE OR PURPOSES FOR ?~tICH SAID PROPERTY
WITHIN SAID DISTRICT OR ZONE MAY BE USED;
TO ~2RTHER REGULATE AND RESTRICT SAID
PROPERTY AS TO THE USAGE OF SAID PROPERTY
;~i;ITHIN SAID DISTRICT; DESIGNATING AND
FOR THE DEVELOPMENT OF THE PROPERTY
WITHIN SA~E, AND PRESCRIBING FOR A
PENALTY FOR THE VIOLATION OF THIS
ORDINANCE.
¥'~EREAS, the City Com~cil of the City of Delray Bead~
has been requested by a written petition, duly signed and filed
with it, by more than thirty-five citizens owning property
and residing wit~nthe District hereinafter more specifically
described, request~g said City Council to restrict the lands
located within said District as to the construction of dwelling
houses and necessary private garages and other outer build-
ings, appurtenant to said dwelling houses, and that the cost
of said dwelling houses to be not less than Three Thousand
Dollars ($3,000.00); also to restrict said lands within said
District to be used and ox~ned only lpy persons of the Caucasian
Race.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That the following described lands are
hereby declared and determined to be a special district for
the purpose of zoning said District, as hereinafter provided,
said Special District to include the following described lands,
to-wit:
Blocks 57-58-65-66-73 and 74
All of Del Ida Park, as shova~ by a plat
thereof on file in Plat Book 9, page 52,
Palm Beach County public records; and
All of Dell Park, as shown by a plat of
the subdivision of said Dell Park on file
in Plat Book 8, page 56, Palm Beach County
public records; and
All lands abutting along the west side
or right-of-way of Swinton Avenue exten-
ded, from the North Section line of Section
16, To~nship 46 South, Range 43 East,
north through Section 8 and Section 5,
Township 46 South, Range 43 East, to the
City limits; and extending westward from
Swinton Avenue a distance of 330 feet,
within said Sections 8 and 9, Township
46 South, Range 43 East; also
All lands lying along said Swinton Avenue
extended and abutting on the East right-of-
way line of said Swinton Avenue extended,
within Sections 8, 9 and 4, Township 46
South, ~ange 4S East, and extending East to
the right-of-way of the Florida East Coast
Railway, all of said property lying and
being within the City limits of the City
of Delray Beach, Florida.
Section 2. That the above described lands are hereby
restricted and zoned upon the following terms and conditions:
(a) The lands located in the above described District
are hereby zoned and determined to be within a strictly
residential district, and no buildings or other structures
to be erected within the above District shall be used for
business purposes, nor shall any filling stations or other
businesses be located within said District, and as aforesaid,
said lands are hereby zoned within said District as a strictly
residential zone.
(b) That no building shall be erected, nor shall a
building permit be granted for the erection of any building
within and upon the above described lands, except a building
to be used as a private residence and such private garages and
~-~ut buildings as are appropriately appurtenant to said main
ildwelling house.
(c) That no residence building shall be constructed
?or erected upon or within the above described District which
shall cost less than Three Thousand Dollars ($3,000.00), and
no garage or garage apartment building permit be issued, nor
shall any garage or garage apartment be erected until such time
as a permit has been obtained for the erection of the main
dwelling house as hereinabove provided.
(d) ~hat no person other than a person belonging to
the Caucasian Race shall be permitted to build or erect a dwellin~
house upon or within the above described District. And no
person other than a person of the Caucasian Race shall be allowed~
to occupy any portion of the above described lands within said
District, excepting only domestic servants domiciled upon the
premises where actually employed.
Section 3. That before any building permit can be
issued for the construction of buildings within the above
described District, a detailed plan of said proposed building
shall be filed with the Building Inspector who shall imme-
diately determine the approximate cost of the construction of
said building, and his approximation of the cost of the construc-
tion of the main dwelling house shall be taken as the cost
so as to determine whether or not the applicant for the build-
ing permit has complied with the conditions hereinabove pres-
cribed.
Section 4. 'Shat any person, firm or corporation
violating any of the provisions of this Ordinance shall be
fined not to exceed Five Hundred Dollars ($500.00) or imprisoned
more than ninety (90) days, or both such fine and imprisonraent.
Section 5. That am emergency is hereby deemed to
exist, in that the construction of buildings within this
District is progressing rapidly, and the City Council deems
it expedient and to the best interests of all the citizens
of the City, and especially those citizens owning property
within the District, and residing therein, to pass this
Ordinance zoning said District.
Section 6. All ordinances and parts of ordinances
in conflict herewith are hereby repealed.
PASSED by the City Council, of the City of Delray
Beach, Florida, in regular session sitting, this ~.~ day of
'~ ~ , A. D. 1937.
of tho
coUnci~-~.
il Attest:
City Clerk. ~
Approved: