NUMB:
971318
VERS:
SUBSTITUTE 6
REF:
XXBY:
ALD. PAWLINSKI AND WITKOWIAK
TITL:
A substitute ordinance relating to the placement of security barriers on the exteriors and interiors of buildings.
SECS:
252-76 cr
254-01 am
ANLS:
- Analysis -
This ordinance prohibits the placement of exterior security barriers (e.g., window bars, security gates) on the facades of enclosed buildings located in restricted office, residential and office, neighborhood shopping, local business, commercial service, regional shopping or central business zoning districts. A "facade" is defined as an exterior wall that faces a public street. Exterior security barriers in existence on July 1, 1998, may remain until such time as a new certificate of occupancy or certificate of zoning is issued for the premises on which they are located. Security barriers shall be permitted on the interiors of building facades in the specified zoning districts provided such barriers remain retracted during business hours (if they are retractable), are colored or painted to match window or door surrounds, are not more than 25% opaque and comply with all applicable state regulations. This ordinance also prohibits the replacement of security barriers with opaque materials that would completely and permanently block window or door openings on the facades of buildings in the specified zoning districts. This ordinance shall not apply to dwelling units in the specified zoning districts.
BODY:
Whereas, In recent years, there has been a proliferation of security gates and window bars on storefronts in many parts of the city of Milwaukee; and
Whereas, On March 17, 1998, the common council's zoning, neighborhoods and development committee received testimony from representatives of a number of neighborhood business associations, including the Howell Avenue business association, the Hispanic chamber of commerce, the Lincoln Village business association, the Avenues West association and the greater Mitchell Street association, that storefront security barriers of all types, but exterior security barriers in particular, are harmful to the economic vitality of commercial districts in that they create a perception that a commercial area is unsafe, thereby driving away potential customers and giving out-of-down visitors a negative image of Milwaukee; and
Whereas, Business association representatives and business owners who testified at the March 17 hearing also indicated that storefront security barriers, and the negative perceptions they foster, work against the image that the majority of stores in their areas are trying to project and against the substantial financial investments that many property owners have made in their neighborhoods; and
Whereas, One business association director present at the March 17 hearing testified that the use of storefront security barriers is at odds with one of the fundamental principles of traditional retailing, namely, that customers can be attracted by making storefronts and window displays as attractive as possible; and
Whereas, Representatives of various neighborhood business associations, as well as the Milwaukee police department, testified at the March 17 hearing that there are a number of security-enhancement measures, including the use of surveillance cameras, better lighting, shatterproof glass and involvement in business associations, that are viable alternatives to the use of storefront security barriers; and
Whereas, Several diverse Milwaukee commercial districts have made concerted efforts to encourage facade improvements, in some cases including the removal of exterior security grates and bars; and
Whereas, The value of commercial properties within these districts has increased at a significantly higher rate than the value of similar properties city-wide; and
Whereas, Of the more than 230 images that were shown to the approximately 1,600 participants in the visual preference survey component of the city's downtown planning effort in late 1997, the image that had the lowest average (i.e., most negative) rating was a photograph of a storefront covered by an exterior, scissor-gate-type security barrier; and
Whereas, Based on the testimony given at the March 17, 1998, zoning, neighborhoods and development committee meeting, the common council finds that storefront security barriers have negative aesthetic impacts on the commercial strips in which they are located, thereby harming the public image of surrounding neighborhoods as well; and
Whereas, The common council further finds, based on the testimony it received on March 17, 1998, that because storefront security barriers suggest to passers-by that the neighborhoods in which they are located are crime-ridden and in a state of overall decline, such devices deter potential business customers and erode the economic vitality of neighborhood commercial areas; and
Whereas, For these reasons, it is in the best interest of the City of Milwaukee and its residents to halt the proliferation of window bars and security gates in commercial districts throughout the city; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 252-76 of the code is created to read:
252-76. Security Barriers In Commercial Districts. 1. DEFINITIONS. In this section:
a. "Facade" means any exterior wall that faces a public street or streets.
b. "Security barrier" means any device intended to limit or block access to individual doors or windows on a building facade, or to an entire building facade. This term shall include, but not be limited to, window bars, fixed metal grilles, and side-mounted or overhead-mounted retractable metal security gates or grilles, regardless of whether such devices are solid or semi-transparent. It shall not include strengthened vision glass, non-glass transparent materials, electronic alarms or security cameras.
2. APPLICABILITY. This section shall not apply to any security barrier placed on the exterior or interior of the facade of any dwelling unit.
3. EXTERIOR SECURITY BARRIERS. No security barrier shall be placed on the exterior of any portion of any facade of any enclosed building located in a restricted office, residential and office, neighborhood shopping, local business, commercial service, regional shopping or central business zoning district. Any security barrier in place on the exterior of the facade of an enclosed building in one of the specified zoning districts on July 1, 1998, may remain in place until a new certificate of occupancy or certificate of zoning is issued for the premises on which the barrier is located. The security barrier shall be removed within 180 days of the date of issuance of the new certificate of occupancy or certificate of zoning.
4. INTERIOR SECURITY BARRIERS. a. Standards. All security barriers placed on the interiors of facades of enclosed buildings located in a restricted office, residential and office, neighborhood shopping, local business, commercial service, regional shopping or central business zoning district shall conform with the following standards:
a-1. If the security barrier was manufactured to be retractable, it shall remain retracted for the duration of the building occupant's normal business hours or hours of operation.
a-2. The opacity to light of the security barrier shall not exceed 25% at any time.
a-3. The security barrier and any associated enclosures or casings shall be of a color that matches, or painted to match, the mullion pattern or window or door surrounds.
a-4. The security barrier shall comply with all applicable regulations of the Wisconsin statutes and the Wisconsin administrative code.
b. Business Improvement Districts. Nothing in this subsection shall be interpreted as precluding the board of a business improvement district created by the city from prohibiting non-retractable security barriers on the interiors of facades in the district.
5. BLOCKAGE OF DOORS OR WINDOWS. No person may replace a security barrier with any opaque materials, including but not limited to wood, masonry products and plastic-type materials, that completely and permanently block, fill in or otherwise cover up any door or window opening on any facade of a building located in a restricted office, residential and office, neighborhood shopping, local business, commercial service, regional shopping or central business zoning district. This subsection shall not apply to any boarding of structures required by s. 275-32-7 or ordered by the commissioner pursuant to this code.
Part 2. Section 254-01 of the code is amended to read:
254-01. Adoption of State Code. [[The]] >>Except as otherwise provided in this code, the<< city of Milwaukee adopts ch. Comm 54, Wis. Adm. Code, as amended, as part of this code.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97377.7
JDO
5/4/98