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16-97 FAILED ON 2ND/FINAL READING - APRIL 1, 1997 ORDINANCE NO. 16-97 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 THE EXTERIOR OF STRUCTURES LOCATED WITHIN THE COMMERCIAL, OFFICE, AND MIXED-USE ZONING DISTRICTS; TO PROVIDE FOR THE INSTALLATION OF BURGLAR BARS ON THE INTERIOR OF A BUILDING WITH APPROPRIATE WINDOW SCREENING; TO PROVIDE FOR THE USE OF DECORATIVE SECURITY BARS IN CONJUNCTION WITH CERTAIN ARCHITECTURAL STYLES; 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 OF THE CITY OF DELRAY BEACH TO PROVIDE FOR A DEFINITION FOR THE TERM "SECURITY BARS/BURGLAR BARS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR 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 building elevations which are visible from the adjacent right-of-way; 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 FAILED ON 2ND/FINAL READING - APRIL 1, 1997 FAILED ON 2ND/FINAL READING - APRIL 1, 1997 WHEREAS, the City Commission finds that such regulations governing burglar bars will serve to promote the aesthetics of the City of Delray Beach and the welfare of the citizens. 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 the 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 industrial, commercial, office, and mixed use (residential/nonresidential/ zoning districts, to protect the character and value of surrounding properties, and to promote an appealing streetscape. (BI Commercial, Office, and Mixed Use (Residential/ Nonresidential) Zoning Districts: The following applies to structures located within the City's commercial, office, and mixed use (residential/nonresidential/ zoning districts. (1/ Restrictions on Security Bars: (al Security bars may not be installed on the exterior of building elevations which face a street right-of-way. (bi Subject to approval by the Site Plan Review and Appearance Board (SPRAB/ or the Historic Preservation Board (HPB), security bars may be installed on the interior of the building elevation when concealed by window tinting or other screening method. (c) Subject to approval by the Site Plan Review and Appearance Board or the Historic Preservation Board, decorative security bars may be installed on the exterior elevation of a structure if the security bars are an architecturally recognized aesthetic element of the structure's architectural style, such as with Spanish or Mediterranean architecture. - 2 - Ord. No. 16-97 FAILED ON 2ND/FINAL READING - APRIL 1, 1997 FAILED ON 2ND/FINAL READING - APRIL 1, 1997 (2/ Amortization: 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. (C) Industrial Zoning Districts: 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. (D/ 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. Section 2. 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. This definition does not apply to retractable security gates, bars, and doors which are kept open during business hours. Section 3. That should any section or provision of this ordinance or any portion thereof, 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 second and final reading. - 3 - Ord. No. 16-97 FAILED ON 2ND/FINAL READING - APRIL 1, 1997 FAILED ON 2ND/FINAL READING - APRIL 1, 1997 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading March 18, 1997 Second Reading 4 - Ord. No. 16-97 FAILED ON 2ND/FINAL READING - APRIL 1, 1997 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY SUBJECT: AGENDA ITEM ~ /0~- REGULAR MEETING OF APRIL 1, 1997 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 16-97 (SECURITY BARS) DATE: MARCH 27, 1997 This is second reading and public hearing for Ordinance No. 16-97 which would regulate the use of security/burglar bars within the City's industrial, commercial, office, and mixed use (residential/ non-residential) zoning districts. The objective is to improve the appearance of 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. As modified at the March 18th meeting, it prohibits the use of bars on the exterior of structures, but allows for the installation of bars on the interior of a building with appropriate window screening. It also provides for the use of decorative security bars in conjunction with certain architectural styles. The ordinance does not apply to residential zoning districts. 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 had recommend approval of the original amendment by a vote of 4 to 1 (Young dissenting; McCarthy and Schmidt absent). That amendment (Ordinance No. 12-97) was voted down 5 to 0 on second reading by the City Commission on March 18th. At the same time, the ordinance as modified (No. 16-97) was passed on first reading by a vote of 3 to 2 (Mr. Ellingsworth and Mr. Randolph dissenting). Recommend approval of Ordinance No. 16-97 on second and final reading. ref:agmemol0 TO: DAVID T. HARDEN CITY MANAGER THRU: D OR NNIN~ AND ZONING FROM: J~'.R~/' A. COSTELLO S(F_.NIOR 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 (Definitiorl~,), I 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 ~ocated along commercial corridors/roadways which are heavily traveled by residents, consumers, employees and visitors alike. VVhile 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. VVhile 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. 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 e ~ ~e ~i~ ~Y** Alt i~O A ~V u~E 15, . ClLITIES ~UVEDATE ~-e=. AND AN ~Cl~ ~IDA, ~EI~". ~LRAy RE$1~..'~ AND ~- eaCIL~ ~ "~ ~ENE~,~; ~ID ~ ,.. "~ I RE~AL;~ ROVIDI~G a =pFEChvE .~ THE p~?~H, TO p~ ,,~,"Y ~ THE ....~. ~ ~.._. ~vH THE , ~ERTAt~ · ~ ~ou--- o~ ,ECU~,.,p~a~.~ [~OPMEN.~ ~F THE ,~']~'~ ~ [F~ C~ry ~. ~eu~n~.~u ~. TIVEOATE, '~' ~O AN EFFE~ C~c~ CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinance at 7:00 P.M. on TUESDAY, APRIL 1, 1997 (or at any continuation of such meeting which is set by the Commission), in the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider its adoption. The proposed ordinance may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All interested parties are invited to attend and be heard with respect to the proposed ordinance. ORDINANCE NO. 13-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 60-96 BY AMENDING SECTION ONE TO PROVIDE FOR THE EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OR CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES THROUGH JUNE 15, 1997; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 15-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT AND RR (RURAL RESIDENTIAL) DISTRICT IN THE RM-7 (MEDIUM DENSITY RESIDENTIAL 7 DWELLING UNITS/ACRE) DISTRICT; SAID LAND BEING GENERALLY LOCATED NORTH OF WEST ATLANTIC AVENUE AND SOUTH OF LAKE IDA ROAD, BETWEEN THE HIGH POINT AND SUDAN SUBDIVISIONS, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLUASE, AND AN EFFECTIVE DATE. ORDINANCE NO. 16-97 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 OP DELRAY BEACH, TO PROVIDE FOR THE PROHIBITION ON THE USE OF SECURITY BARS ON THE EXTERIOR STRUCTURES LOCATED WITHIN THE COMMERCIAL, OFFICE, AND MIXED-USE ZONING DISTRICTS; TO PROVIDE FOR THE INSTALLATION OF BURGLAR BARS ON THE THE INTERIOR OF A BUILDING WITH APPROPRIATE WINDOW SCREENING; TO PROVIDE FOR THE USE OF DECORATIVE SECURITY BARS IN CONJUNCTION WITH CERTAIN ARCHITECTURAL STYLES; TO PROVIDE FOR A TWO YEAR AMORTIZATION PERIOD; TO PROVIDE FOR REVIEW BY THE SITE PLAN REVIEW AND APPEARANCE BOARD FOR SECURITY BARS IN INDUSTRTIAL 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. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need a record of these proceedings, and for this purpose such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH March 21, 1997 Alison MacGregor Harry City Clerk Instructions to the Newspaper: This is a standard legal advertisement to be published in the legal/classified section of the newspaper. There are no special requirements. Thank you. ORDINANCE NO. /~; - '~ 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 THE EXTERIOR o~ STRUCTURES LOCATED WITHIN THE COMMERCIAL, OFFICE, AND MIXED-USE ZONING DISTRICTS; TO PROVIDE FOR THE INSTALLATION OF BURGLAR BARS ON THE INTERIOR OF A BUILDING WITH APPROPRIATE WINDOW SCREENING; TO PROVIDE FOR THE USE OF DECORATIVE SECURITY BARS IN CONJUNCTION WITH CERTAIN ARCHITECTURAL STYLES; 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 building elevations which are visible from the adjacent right-of-way; 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 r~gulations governing burglar bars will serve to promote the aesthetics, and welfare of the citizens of the City of Delray Beach; 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 the 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 o~ective of this section is to improve the appearance of structures within the City's industrial commercial, office, and mixe~l use (residential/nonresidential) zoning districts, to protect the character and value of surrounding properties, and to promote an appealing streetscape. (B) Commercial and Mixed Use Residential Zoning Districts: The following applies to structures located within the City's Commercial Office and Mixed Use Residential Districts. (1) Restrictions on Securi .ty Bars: (a) Security bars may not be installed on the exterior of building elevations which face a street right-of-way. (b) Subject to approval by the Site Plan Review and Appearance Board (SPRAB) or the Historic Preservation Board (HPB). security bars may be installed on the interior of the building elevation when concealed bv window tinting or other screening method. (c) Subject to approval bv the Site Plan Review and Appearance Board or the Historic Preservation Board. decorative security bars may be installed on the exterior elevation of a structure if the security bars are an architecturally recognized aesthetic element of the structure's architectural style, such as with Spanish or Mediterranean architecture. (2) Amortization: Owners of structures within th{: 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. 2 RES. NO. (C) Industrial Zoning Districts: 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. rD) 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 Preservatior~ 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. This definition does not apply to retractable security gates, bars and ~loors which are kept open during 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. ~ 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 First Reading Second Reading bars.ord 3 RES. NO.