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12-97 FAILED ON 2ND/FINAL READING - 3/18/97 ORDINANCE NO. 12- 9 7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW SECTION 4.6.21, "SECURITY BARS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE PROHIBITION ON THE USE OF SECURITY BARS-ON STRUCTURES LOCATED WITHIN THE COMMERCIAL, OFFICE, AND MIXED-USE ZONING DISTRICTS; TO PROVIDE FOR A TWO YEAR AMORTIZATION PERIOD; TO PROVIDE FOR REVIEW BY THE SITE PLAN REVIEW AND APPEARANCE BOARD FOR SECURITY BARS IN INDUSTRIAL ZONING DISTRICTS; AMENDING APPENDIX A, "DEFINITIONS" OF THE LAND DEVELOPMENT REGULATIONS FOR THE CITY OF DELRAY BEACH; TO PROVIDE FOR A DEFINITION FOR THE TERM "SECURITY BARS/BURGLAR BARS,"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to L.D.R. Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of February 24, 1997, and has forwarded the change with a recommendation of approval; and WHEREAS, pursuant to Florida Statute §163.3174(4)(c), the Planning and Zoning Board, sitting as the local planning agency, has determined that the change is consistem with and furthers the objectives and policies of the comprehensive plan; and WHEREAS, a substantial number of commercial businesses have installed burglar bars on the exterior portion of their businesses; and WHEREAS, the City Commission of the City of Delray Beach finds that the presence of burglar bars on the exterior of commercial businesses creates an unsightly appearance in the City, diminishing the City's aesthetic attraction; and WHEREAS, the City Commission finds that there is a need to regulate the use of burglar bars on commercial businesses within the City; and WHEREAS, the City Commission finds that such regulations governing burglar bars will serve to promote the aesthetics, and welfare of the citizens of the City of Delray Beach; FAILED ON 2ND/FINAL READING - 3/18/97 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations," Article 4.6, "Supplemental District Regulations," of the Land Development Regulations of the City of Delray Beach, be, and thc same is hereby amended, and a new section, 4.6.21, "Security Bars," is hereby enacted to read as follows: Section 4.6.21 Security_ Bars, (A) Purpose and Intent: The objective of this section is to improve the appearance of structures within the City's commercial, office, and mixed use (residcntial/nom'esidential) zoning districts, to protect the character and value of surrounding properties, and to promote an ~ppealing streetscape. (13) Restrictions on Security_ Bars: (1) The installation of permanent security/burglar bars is prohibited on the building elevations which are adjacent to a street right-of-way, on structures located withk~ the City's commercial, office, and mixed use (residential/nonresidential) zoning districts. (2) Owners of structures within the city's commercial, office, and mixed use (residential/nonresidential) zoning districts which contain permanent security, bars on building elevations adjacent to a street right-of-way, shall remove the security/burglar bars within two (2) years of the effective date of this ordinance, (3) Security bars may be installed on any elevation of structures located within the industrial zoning districts subject to approval by the Site Plan Review and Appearance (C) Alternative Security. Measures: The use of alternative security_ measures such as retractable security, bars. gates, and doors shall be subject to approval by the Site Plan Review and Appearance Board. or Historic Preservation Board. as appropriate. ~ That Appendix A, "Definitions", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended, and a new definition, "Security/Burglar Bars," is enacted to read as follows: "Security/Burglar Bars" Any steel, metal, or iron bars which are permanently affixed to the structure, including, but not limited to. burglar bars. window bars. door bars. or security bars. 2 ORD. NO. 12-97 FAILED ON 2ND/FINAL READING - 3/18/97 This definition does not apply to retractable security_ gates, bars and doors which are kept open durin~ business hours. ~ That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent .jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. Section 5. That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,1997. MAYOR ATTEST: City Clerk Fkst Reading March 4, 1997 (Passed 4 to 1, with Mr. RandOlph dissenting) Second Reading burgbars.ord 3 ORD. NO. 12-97 FAILED ON ?-ND/FINAL READING - 3/18/97 FAILED ON 2ND/FINAL READING - 3/18/97 ORDINANCE NO. 12- 97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW SECTION 4.6.21, "SECURITY BARS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE PROHIBITION ON THE USE OF SECURITY BARS .ON STRUCTURES LOCATED WITHIN THE COMMERCIAL, OFFICE, AND MIXED-USE ZONING DISTRICTS; TO PROVIDE FOR A TWO YEAR AMORTIZATION PERIOD; TO PROVIDE FOR REVIEW BY THE SITE PLAN REVIEW AND APPEARANCE BOARD FOR SECURITY BARS IN INDUSTRIAL ZONING DISTRICTS; AMENDING APPENDIX A, 'DEFINITIONS" OF THE LAND DEVELOPMENT REGUlaTIONS FOR THE CITY OF DELRAY BEACH; TO PROVIDE FOR A DEFINITION FOR THE TERM "SECURITY BARS/BURGLAR BARS,'; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to L.D.R. Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of February 24, 1997, and has forwarded the change with a recommendation of approval; and WHEREAS, pursuant to Florida Statute §163.3174(4)(c), the Planning and Zoning Board, sitting as the local planning agency, has determined that the change is consistent with and furthers the objectives and policies of the comprehensive plan; and WHEREAS, a substantial number of commercial businesses have installed burglar bars on the exterior portion of their businesses; and WHEREAS, the City Commission of the City of Delray Beach finds that the presence of burglar bars on the exterior of commercial businesses creates an unsightly appearance in the City, diminishing the City's aesthetic atU~ction; and WHEREAS, the City Commi.~sion finds that there is a need to regulate the use of burglar bars on commercial businesses within the City; and WHEREAS, the City Commission finds that such regulations governing burglar bars will serve to promote the aesthetics, and welfare of the citizens of the City of Delray Beach; FAILED ON 2ND/FINAL READING - 3/18/97 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~. That Chapter Four~ "Zoning Regulations," Article 4.6, "Supplemental District Regulations," of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended, and a new section, 4.6.21, "Security Bars," is hereby enacted to read as follows: Seetlon 4.6.21 Security_ Bars. (A) Purpose and Intent: The objective of this section is to improve the appearance of structures within the City's commercial, office, and mixed use (residential/nonresidential) zoning districts, to protect the character and value of surrounding properties, and to promote an ap~aling streetscape. ~) Restrictions on Security_ Bars: (1) The installation of permanent security/burglar bars is prohibited on the building elevations which are adjacent to a street right-of-way, on structures located within the Ci.ty's commercial, office, and mixed use (residential/nonresidential) zoning (2) Owners of structures within the city's commercial, office, and mixed us~ (residential/nonresidential) zoning districts which contain l~rmanent security_ bars on b~lilding elevations adiacent to a street right-of-way, shall remove the security/burglar bars within two (2) years of the effective date of this ordinance, (3) Security_ bars may be installed on any elevation of structures located within the. industrial zoning districts subject to approval by the Site Plan Review and Appearanc~ (C) Alternative Security Measures: The use of alternative security measures such ag retractable securi _ty bars. gates, and doors shall be subject to approval by the Site Plan Review and Ap_nearance Board. or Historic Preservation Board. as appropriate, ~ That Appendix A, "Definitions", of the Land Development Regulations of the City of Dekay Beach, be, and the same is hereby amended, and a new definition, "Security/Burglar Bars," is enacted to read as follows: "Security/Burglar Bars" Any steel, metal, or iron bars which arc permanently affixed to the structure, including, but not limited to. burglar bars. window bars. door bars. or security bars. 2 ORD. NO. 12-97 FAILED ON 2ND/FINAL READING - 3/18/97 This definition does not apply to retractable security_ gates, bars and doors which are kept durin~ business hours. Section 3. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. ~ That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,1997. MAYOR ATTEST: City Clerk Fkst Reading March 4 r 1997 (Passed 4 to 1, with Mr. Randolph dissenting) Second Reading 3 ORD. NO. 12-97 FAILED ON 2ND/FINAL READING - 3/18/97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #/~.~- REGULAR MEETING OF MARCH 18, 1997 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 12-97 (SECURITY BARS) DATE: MARCH 14, 1997 This is second reading and public hearing for Ordinance No. 12-97 which would regulate the use of security/burglar bars within the City's commercial zoning districts. The objective is to improve the appearance of commercial businesses, protect the character and value of surrounding properties and to promote an appealing streetscape. The ordinance prohibits the installation of security bars on building elevations which are adjacent to a street right-of-way on structures located in commercial, office, and mixed use (residential/nonresidential) zoning districts. It does not apply to residential zoning districts. Further, it provides an amortization clause for existing security bars to be removed within two years of adoption of the ordinance. Other provisions are that security bars may continue to be installed on buildings in industrial zoning districts, but will be subject to approval by the Site Plan Review and Appearance Board. Alternative security measures such as retractable security bars, gates and doors will be allowed subject to approval by SPRAB or the Historic Preservation Board, as appropriate. At one time, burglar bars were the only available alternative for protection against breakins. Now, however, there are a number of equally effective window security devices available. The Community Redevelopment Agency has indicated that, in an effort to assist business owners, it will fund 50% of the cost of protective film for the windows if the bars are removed within one year of the effective date of the ordinance. The Planning and Zoning Board considered the amendment at a public hearing on February 24, 1997, and voted 4 to 1 (Young dissenting; McCarthy and Schmidt absent) to recommend approval. At first reading on March 4, 1997, the Commission passed the ordinance by a vote of 4 to 1 (Mr. Randolph dissenting). Recommend consideration of Ordinance No. 12-97 on second and final reading. Questions have been raised concerning security bars which are inside the window and bars which are an integral part of the architecture of the building. These questions require direction from the Commission, and may warrant revision of the ordinance. ref:agmemolO ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 4, 1997 FIRST READING FOR ORDINANCE NO. 12-97 (SECURITY BARS) DATE: FEBRUARY 28, 1997 This is first reading for Ordinance No. 12-97 which would regulate the use of security/burglar bars within the City's commercial zoning districts. The objective is to improve the appearance of commercial businesses, protect the character and value of surrounding properties and to promote an appealing streetscape. The ordinance prohibits the installation of security bars on building elevations which are adjacent to a street right-of-way on structures located in commercial, office, and mixed use (residential/nonresidential) zoning districts. It does not apply to residential zoning districts. Further, it provides an amortization clause for existing security bars to be removed within two years of adoption of the ordinance. Other provisions are that security bars may continue to be installed on buildings in industrial zoning districts, but will be subject to approval by the Site Plan Review and Appearance Board. Alternative security measures such as retractable security bars, gates and doors will be allowed subject to approval by SPRAB or the Historic Preservation Board, as appropriate. At one time, burglar bars were the only available alternative for protection against breakins. Now, however, there are a number of equally effective window security devices available. The Community Redevelopment Agency has indicated that, in an effort to assist business owners, it will fund 50% of the cost of protective film for the windows if the bars are removed within one year of the effective date of the ordinance. The Planning and Zoning Board considered the amendment at a public hearing on February 24, 1997, and voted 4 to 1 (Young dissenting; McCarthy and Schmidt absent) to recommend approval. Recommend approval of Ordinance No. 12-97 on first reading. If passed, a public hearing will be scheduled for March 18, 1997. ref:agmemol0 t~I~. ~~ TO: DAVID T. HARDEN CITY MANAGER THRU: D OR ~ AND ZONING FROM: J~I~R~Y A, COSTELLO S~ENIOR PLANNER SUBJECT: MEETING OF MARCH 4, 1997 CONSIDERATION OF AN AMENDMENT TO ARTICLE 4.6, SUPPLEMENTAL DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT REGULATIONS BY ADDING SECTION 4.6.21, SECURITY BARS. AND A RELATED PROVISION TO APPENDIX A (DEFINITIONS). The action before the City Commission is that of approval of an amendment to Article 4.6, Supplemental District Regulations, of the Land Development Regulations by adding Section 4.6.21. Security. Bars. and a related provision to Appendix A (Definitions). This amendment has been requested by the City Manager, David T. Harden, to regulate the use of security/burglar bars within the City's commercial zoning districts. Pursuant to the City's home rule powers, the City may regulate the development of property on the basis of protecting the public's health, safety, and welfare; however, the regulations must be rationally related to the City's stated goal. The use of security bars are aesthetically unpleasing and may impact property values in surrounding areas as well as create an unappealing streetscape. The bars also create a perception of an area of high crime which negatively impacts the City's efforts to attract development. City Commission Documentation Meeting of March 4, 1997 Security Bars - LDR Text Amendment Page 2 The proposed ordinance would apply to all commercial, office and mixed use (residential/nonresidential) zoning districts. These zoning districts are primarily located along commercial corridors/roadways which are heavily traveled by residents, consumers, employees and visitors alike. While the use of security bars within the City's commercial districts is sporadic, their use has a negative visual impact on the surrounding area and the City as a whole. The ordinance would not apply to residential zoning districts in which regulations regarding aesthetics are not as restrictive, and security bars can be installed in a manner that provide an attractive architectural element to the structure. The proposed amendment provides an amortization clause for existing security bars to be removed within two years of adoption of the ordinance. While the ordinance will prohibit the installation of security bars, it will not prohibit the installation of other security measures such as retractable gates and doors which are typically closed only during non-business hours and can be designed in an aesthetically pleasing manner. In order to assist business owners, CRA (Community Redevelopment Agency) stated at its meeting of February 24th that it would fund 50% of the cost of the protective film for the windows if the bars are removed within one (1) year of the effective date of the ordinance. lNG ~Ng ZQNING BG~EB ~NSI.D.,.'E~!GN I At its meeting of February 24, 1997, the Planning and Zoning Board held a public hearing regarding the proposed amendment. The Board voted 4-1 (Young dissenting; McCarthy and Schmidt absent) to recommend approval of the amendment. By motion, approve on first reading a text amendment to Article 4.6, Supplemental District Regulations, of the Land Development Regulations by adding Section 4.6.21. Security Bars. and a related provision to Appendix A (Definitions), and setting a public hearing date of March 18, 1997. Attachments: · Ordinance by Others A PUBLIC NEARING will 1~ he,; on Z:~ P.M, ~ TUESDAY, ~RCh ~ S~), in ~ C~ Commi~;o~ ~am ~h, F~i~, at ~ch time th, ,~ ~ty T~ ~ ~Oi~e ma~ ~. i~ d~e. AN ORDINANCE OF THE CITY CO~ NEW SECTION a.&.21, ~ECUR~TY BARS', OF THE ~ND OEVELOP- MENT REGU~TIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE M~XE~USE ZONrNG DISTRICTS; ~ORTI~T~ON PERIO0; TO VIDE FOR REVIEW BY THE SITE P~N REVIEW AND APPEARANCE BOARD FOR SECURITy BARS IN INDUSTRIAL ZONING DISTR~CTS; TIVE DATE. ' c~ ~ ~al any ~is~ m~ ~ CJ~ ~mi~i~ wi~ r~ ~ ~i~, a~ ~ ~is ~ s~ ~im r~d i~J~ ~ CITY OF DELRAY BEACH Ci~ Cl~k ~ Ra~ N~ MEETING DATE: FEBRUARY 24, .1997 AGENDA ITEM: IV.E - AMENDMENT TO ARTICLE 4.6 (SUPPLEMENTAL DISTRICT REGULATIONS) OF THE LAND DEVELOPMENT REGULATIONS BY ADDING SECTION 4.6.2'1 (SECURITY BARS). The item before the Board is that of making a recommendation to the City Commission regarding an amendment to Article 4.6, Supplemental District Regulations, of the Land Development Regulations by adding Section 4.6.21, Security. Bars, and add a related provision to Appendix A (Definitions). Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment has been requested by the City Manager, David T. Harden, to regulate the use of security/burglar bars within the City's commercial zoning districts. The request was generated based upon the perception that security bars imply a high crime rate within an area and are aesthetically undesirable resulting in an unappealing streetscape, which may negatively impact property values on adjacent properties. Pursuant to the City's home rule powers, the City may regulate the development of property on the basis of prote~ting the public's health, safety, and welfare; however, the regulations must be rationally related to the City's stated goal. The use of security bars are aesthetically unpleasing and may impact property values in surrounding areas as well as create an unappealing streetscape. The bars also create a perception of an area of high crime which negatively impacts the City's efforts to attract development. IV.E. P & Z Board Memorandum Staff Report LDR Text Amendment - Security/Burglar Bars Page 2 The proposed ordinance would apply to all commercial, office and mixed use (residential/nonresidential) zoning districts. These zoning districts are primarily located along commercial corridors/roadways which are heavily traveled by residents, consumers, employees and visitors alike. While the use of security bars within the City's commercial districts is sporadic, their use has a negative visual impact on the surrounding area and the City as a whole. The ordinance would not apply to residential zoning districts in which regulations regarding aesthetics are not as restrictive, and security bars can be installed in a manner that provide an attractive architectural element to the structure. The proposed amendment provides an amortization clause for existing security bars to be removed within two years of adoption of the ordinance. While the ordinance will prohibit the installation of security bars, it will not prohibit the installation of other security measures such as retractable gates and doors which are typically closed only during non-business hours and can be designed in an aesthetically pleasing manner. Communi~ Redevelopment Agency At its meeting of Februa~ 13, 1997, the C~ recommended approval of the proposed te~ amendment. The Board recommended a ~o (2) year amo~ization period, and - stated that for prope~ies located within their district, the C~ would fund 50% of the cost of the protective film for the windows if the bars are removed within one (1) year of the effective date of the ordinance. Downtown Development Abthori~ At its meeting of Februa~ 19, 1997, the DDA recommended approval of the proposed te~ amendment, with the condition that securi~ bars be permiffed in the rear of the structures, as they are not visible from street right, of-ways. '~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~i.:':.:-:::-:~.:~ ::::::::::::::::::::: :.:,: :~`:`~:~::~:~:~:~:~:~:`:~:~:~:~:~::~:~`:`~`:~:~:~`::~P:~`~:~:~:~ P:~:~:~`:~::P~j~j~:~j~:~j:~:~~:~:~:~j:~j~ ~:~"~:~ ~. :::::::: ::::::: :::::::: :::::::::::::::::::::::::::::::::::::::::: :::::::::::::: .,- ....: · . .,. : ::. .: ::: . · ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: By motion, recommend to the Ci~ Commission an amendment to A~icle 4.6 (Supplemental Regulations)of the Land Development Regulations by adding Section 4.6.21 (Securi~ Bars), and amending Appendix A (Definitions) to provide for a definition of security/burglar bars. Attachment: · Proposed Ordinance Section 4.4.21 (Security_ Bars): A/~)_ Purpose and Intent: The objective of this section is to improve the appearance of structures within the City's commercial, offic.~, and mixed use (residential/nonresidential) zoning districts, to protect the character and value of surrounding properties, and to promote an ap.Dealing streetscape. (B) Restrictions on Security_ Bars: (1) The installation of permanent security/burglar bars is prohibited on building elevations which are ad!acent to a street right-of-way, on structures located within the City's commercial, office, and mixed use (residential/nonresidential) zoning districts. (2)Structures within the .City's commercial. Office, and mixed use (residential/nonresidential) zoning districts which contain permanent security_ bars on building elevations adjacent to a street right-of-way, shall remove the security/burglar bars within two (2) years of the effective date of this ordinance, (3) Security bars may be installed on any elevation of structures located within the industrial zoning districts, subject to approval by the Site Plan Review and Appearance Board. (C) Alternative Security_ Measures: (1) The use of alternative security measures such as retractable security bars. gates, and doors shall be sub!ect to approval by the Site Plal3 Review and Appearance Board.