HomeMy WebLinkAbout11-365AUGUST 23, 2011 11 -365 ORDINANCE
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PURPOSE: APPROVE AMENDMENT TO CHAPTER 30 ZONING ORDINANCE
TO CREATE A DEFINITION AND REGULATIONS PERTAINING TO
MURALS
INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE ZONING
ORDINANCE ADDING A DEFINITION FOR "MURAL" AND CREATING REGULATIONS
PERTAINING TO MURALS
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 30 -1(A) Definitions is hereby amended to create new
definition (147)(r) Mural, and renumber existing (r) thru (aa) to (s) thru (bb), inclusive.
(147)(r) MURAL A non - commercial message, picture, scene, or diagram exhibited
on the outside wall of a building or structure through application of paint, canvas,
tile, panels or similar materials such that the wall becomes the background surface
or platform for the mural. A mural shall be considered a wall sign or commercial
message if it contains words, logos, trademarks or graphic representations of any
person, product or service for the purpose of advertising or identifying a business.
Explanatory wording relative to the artwork may be incorporated into the mural.
Signatures shall be allowed and limited to maximum of two square feet in size.
SECTION 2. That new Section 30 -37(G) Murals hereby creates regulations
pertaining to murals.
(1) Murals shall be permitted in the C -3 Central Commercial, and M -2 Central
Industrial Districts. Murals shall also be permitted through conditional use
permit on governmental and institutional structures.
(a) Murals are not permitted on the primary facade of a building or any
facade directly adjacent to the Main Street right -of -way. A primary facade is
defined (for purposes of this section) as the building elevation that faces the
adjacent street right -of -way and is the primary customer entrance.
AUGUST 23, 2011 11 -365 ORDINANCE
CONTD
(2) Prohibited Mural Types
(a) Murals or other representations which imitate or appear to imitate any
official traffic sign or device which appears to regulate or direct the
movement of traffic or which interferes with the proper operation of any traffic
sign or signal, or which obstructs or physically interferes with a motor vehicle
operator's view of approaching, merging, or intersecting traffic.
(b) Murals with moving parts, including solar, wind, or water driven
devices.
(c) Murals affixed, applied or mounted above, upon or suspended from
any part of the roof of a structure.
(d) Murals shall not project from the wall surface, other than the minimum
necessary protrusion to mount the mural to the wall or structure.
(e) Murals containing any gang affiliation symbols.
(f) Murals containing any commercial messages or advertising.
(g) Murals containing obscene content. For purposes of this section, any
material is obscene if applying contemporary community standards:
(i) The predominant appeal is to a prurient interest in sex; and
(ii) The average person would find the material depicts or
describes sexual content in a patently offensive way; and
(iii) A reasonable person would find the material lacks serious
literary, artistic, political, or scientific value.
(3) Standards
Surface Preparation. Sand and high pressure water blasting are not
permitted as a cleaning process for either surface preparation or for mural
maintenance purposes in any historic district or any building eligible for
inclusion on the State or National Register of Historic Buildings. Treatments
that cause damage to historic materials shall not be used.
(4) Maintenance
(a) The mural shall be kept in good condition for the life of the mural
according to the maintenance schedule and responsibilities approved by the
Director of Planning Services.
(b) The display surface shall be kept clean and neatly painted and free
from corrosion.
(c) Any mural that is not maintained, faded, or is in disrepair shall be
ordered removed or covered with opaque paint, similar to the primary
building materials /colors or other appropriate material by the Director of
Planning Services, or his/her designee.
AUGUST 23, 2011 11 -365 ORDINANCE
CONTD
(5) Design Standards
(a) The proposed mural will not have an adverse impact on the safe and
efficient movement of vehicular or pedestrian traffic; and
(b) The location, scale and content of the mural should be in keeping with
and enhance the building or structure on which it is located; and
(c) The proposed mural is well integrated with the building's fagade and
other elements of the property and enhances the architecture or aesthetics
of a building or wall; and
(d) The proposed mural, by its design, construction, and location, will not
have a substantial adverse effect on abutting property or the permitted use
thereof; and
(e) The proposed mural is not detrimental to the public health, safety, or
welfare; and
(f) The mural will not have a detrimental effect on the structural integrity
of the wall on which it is applied /affixed; and
(g) The maintenance schedule is reasonable for the mural and the
building on which it is applied /affixed.
(6) Mural Permit
No mural shall be installed unless a mural permit therefore shall first be
obtained by the owner, or his agent, from the Director of Planning Services,
or his/her designee.
(7) Application Requirements
Permit application shall contain, but not be limited to, the following
information:
(a) Site plan showing the lot and building dimensions and indicating the
proposed location of the mural.
(b) Pictures of the building elevations.
(c) A scale drawing and color photo of the building elevation showing the
proposed size and placement of the mural.
(d) A colored drawing of the proposed mural.
(e) A description of the proposed maintenance schedule that includes the
timeframe for the life of the mural and method for removal, if applicable.
(f) Evaluation by a design professional regarding the impact of the
mural's application on the wall surface that it is applied or affixed to.
(8) Mural Permit Approval
No mural permit shall be approved unless the Director of Planning Services,
or his /her designee, shall find that the requirements of this Section have
been fulfilled.
AUGUST 23, 2011 11 -365 ORDINANCE
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(9) Notification and Waiting Period
After the Director of Planning Services, or his /her designee, determines that
a mural permit application meets the requirements of this Section of the
Zoning Ordinance, a 10 day notification and waiting period is established.
Notification of permit application shall be mailed to all property owners
adjacent to or abutting the proposed mural property. Said notification will
contain information regarding the mural permit, date that the notification
period ends, and an appeals process. Notice shall state that a mural permit
may be issued 10 days after date of notification by the Planning Services
Division.
(10) Appeals
(a) Permit Approval Any person may appeal the decision of the Director
of Planning Services, or his/her designee, regarding the decision of the
Director to grant the mural permit. Said appeal shall be made in writing to
the Director of Planning Services and shall be received by the Planning
Services Division prior to the end of the 10 day notification period. Appeals
will be heard by the Public Arts Advisory Committee to determine if the
Director of Planning Services' decision to grant the permit is consistent with
the provisions of this Section of the Zoning Ordinance.
(b) Permit Denial A mural permit applicant may appeal the decision of
the Director of Planning Services to deny a mural permit. Said appeal shall
be made in writing to the Director of Planning Services and said appeal shall
be made within 30 days of the decision by the Director of Planning Services
to deny the permit. Appeals will be heard by the Public Arts Advisory
Committee to determine if the Director of Planning Services' decision to deny
the permit is consistent with the provisions of this Section of the Zoning
Ordinance.
SECTION 3. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 4. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #11 -XXX APPROVE AMENDMENT TO CHAPTER 30 ZONING
ORDINANCE TO CREATE A DEFINITION AND REGULATIONS PERTAINING TO
MURALS on September 13, 2011. The full text of the Ordinance may be obtained at the
Office of the City Clerk, 215 Church Ave. and on the City's website at
www.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011.
OfHKO.fH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services V 7 --S
DATE: August 18, 2011
RE: Approve Amendment to Chapter 30 Zoning Ordinance to Create a Definition and
Regulations Pertaining to Murals (Plan Commission recommends approval)
BACKGROUND
For the past few years there has been an interest in installing murals in the community which are
currently not permitted by the Zoning Ordinance. Staff is proposing to add a subsection to the Sign
Ordinance in Section 30 -37 Sign Regulations that will permit murals. Additionally, as the Zoning
Ordinance does not currently define what a mural is, a definition is proposed to be added to the
definitions section of the Zoning Ordinance.
ANALYSIS
Staff has developed two ordinance proposals related to permitting murals from which to choose: 1)
Administrative Approval or 2) Committee Approval. Both proposals are identical with respect to basic
design standards but differ in the approval process. The administrative approval would permit the City
to issue the permit if all standards of the Ordinance have been complied with similar to other permits
with the significant difference being the establishment of a notification and waiting period and an
appeals process prior to final issuance of the mural permit. The intent of the notification and waiting
period is to give adjacent property owners the chance to evaluate the proposal and appeal the decision
to issue the mural permit that would proceed to the appeals process before the Public Arts Advisory
Committee (which is proposed to be created as another city committee under the municipal code).
The committee approval process would treat the mural permit similar to a conditional use permit where
the Public Arts Advisory Committee would be evaluating all mural proposals and approving or
denying such requests with the same notification process for adjacent property owners including a
public hearing and debate on each proposal. The committee's decision would be final unless the
applicant requests to appeal the decision to the Common Council.
The Plan Commission evaluated both proposals and recommended approval of the administrative
approval process after several workshops discussing the issue. Basic ordinance provisions would limit
the location of murals to the C -3 Central Commercial and M -2 Central Industrial Districts (generally
central city locations) and prohibits various types of murals (e.g. obscene, gang related, advertising)
and cleaning processes detrimental to historic structures.
FISCAL IMPACT
WKI
RECOMMENDATION
The Plan Commission approved of this request at its July 19, 2011 meeting.
Approved,
City Manager
ITEM: PROPOSED TEXT AMENDMENT TO ZONING ORDINANCE - MURALS
CHAPTER 30, SECTION 30 -37 SIGN REGULATIONS AND SECTION 30 -1
DEFINITIONS
Plan Commission meeting of July 19, 2011
GENERAL INFORMATION
Applicant: Department of Community Development
Owner: N/A
Actions Requested:
The City Department of Community Development requests review and approval of the addition of
a subsection to Sign Regulations pertaining to murals. Additionally, the Department requests
amendment to the Definitions Section to add a definition defining a mural.
Applicable Ordinance Provisions:
The Zoning Ordinance, in Section 30 -8, establishes the ability of the Common Council on its own
motion or on petition, after first submitting the proposal to the City Plan Commission to amend,
supplement or change district boundaries or the regulations herein.
ANALYSIS
The Zoning Ordinance does not effectively permit the installation of murals on buildings in the
City as the Sign Regulations would limit overall square footage of such "signs" to 10% of the wall
area of buildings in the central city and neighborhood commercial districts and 30% in all other
districts. Another issue is whether a mural truly falls into the sign category as the Ordinance
defines a sign as "a name, identification, description, display, illustration or statuary which is
affixed to or represented directly upon a structure or piece of land and which directs attention to an
object, product, place, activity, person, institution, organization or business." Murals typically
involve "non - commercial" speech so the application of the sign regulations is somewhat "grey"
and the fact that the Zoning Ordinance is not permissive of murals anywhere else; they have been
effectively prohibited within the community.
Recently, there has been interest in installing murals, especially as it relates to the Oshkosh
Community Mural that is currently under development. As discussed, the Zoning Ordinance does
not effectively permit or outright prohibits such mural installation so staff has developed a
proposed Zoning Ordinance amendment that would permit mural installation. Staff is proposing to
add a subsection to the Sign Ordinance in Section 30 -37 Sign Regulations that will permit murals.
Additionally, as the Zoning Ordinance does not currently define what a mural is, a definition is
proposed to be added to the definitions section of the Zoning Ordinance. The proposed definition
is as follows:
30 -147 (r) Mural A non - commercial message, picture, scene, or diagram exhibited on the
outside wall of a building or structure through application of paint, canvas, tile, or similar
materials such that the wall becomes the background surface of the mural. A mural shall
be considered a wall sign or commercial message if it contains words, logos, trademarks or
graphic representations of any person, product or service for the purpose of advertising or
identifying a business. Explanatory wording relative to the artwork may be incorporated
into the mural. Signatures shall be allowed and limited to maximum of two square feet in
size.
Ordinance Proposals
Staff has developed two Ordinance proposals related to murals; 1. Administrative Approval. 2.
Committee Approval. The proposals are essentially identical with respect to the basic standards
and design, where they differ is in the approval of the mural.
The administrative approval would be ministerial in nature and permit the City to issue the permit
if all standards of the Ordinance have been complied with (with exception to be explained below)
similar to other sign type permits. The committee based approval would process each mural
permit through a separate committee (Public Arts Advisory Committee) similar to how the Plan
Commission reviews requests such as conditional use permits.
Administrative Approval Process
The administrative approval process would treat mural installation similar to that of other permits
issued by the department and would involve permit application, permit review, and permit
issuance. Meaning that once the actual mural standards have been adopted, a mural permit
application would be developed (to the standards of the Ordinance) and a permit could be issued if
the standards of the Ordinance have been fulfilled. The proposal vests the Director of Planning
Services with the ability to approve or deny such permit requests.
The administrative proposal does incorporate some significant differences with that of a standard
sign permit. These being:
1. Establishment of a Notification and Waiting Period
2. Appeals Process
The notification and waiting period establishes a 10 day waiting period once a completed mural
permit application has been submitted during which the City will send notice to adjacent and
abutting properties where the proposed mural is to be located. The notice will state that the City
has received a mural permit application and that such application is complete and that a permit will
be issued after a specified date identified in the notice. The intent of the notification and waiting
period is to give nearby property owners the chance to evaluate the proposal and appeal the
decision of the City to issue the mural permit (note prior to the permit actually being issued),
which would then follow to the appeals process if requested.
The established appeals process would permit any party to appeal the decision of the City to issue
the mural permit that would be heard before the Plan Commission or Public Arts Advisory
Committee (to be created) to determine whether the City's decision to issue the permit is
consistent with the Ordinance. Written appeals would have to be filed with the City prior to the
expiration date of the notification and waiting period.
Item rZ.O. test amendment Sign Regulations - Murals
Mural applicants who have had their permits denied by the City would also have the ability to
appeal that decision per the process identified above with the exception that the applicant would
have 30 days to appeal that decision and after that time frame would have to apply for a new
permit.
Committee Approval Process
The committee approval process would treat the mural permit similar to a conditional use permit
where a committee (Public Arts Advisory Committee) would be the body evaluating all mural
proposals and ultimately approving or denying such requests. It is envisioned that this process
would involve notification of adjacent and abutting property owners, a public hearing and debate
on each mural proposal. The decision by the committee could be advisory or could be final
depending on how the Ordinance is adopted. The current proposal as drafted allows for the
committee's decision to be final unless the mural applicant requests appeal to the Common
Council.
Basic Ordinance Provisions (both proposals)
Location Both proposals permit murals only in the C -3 Central Commercial and M -2 Central
Industrial Districts. The intent is to confine murals to those older downtown areas to determine if
the Ordinance as adopted is effective prior to opening it up to other zoning districts city wide. The
other benefit in confining murals to a more limited area initially is that the murals could create a
special place that becomes a destination and sets the area apart from other areas of the community
to help drive or revive interest in those areas.
Prohibited Mural Types The proposed Ordinance prohibits various types of murals. The purpose
is not to permit murals that may be distractive or pose a danger to passersby's by their design. The
proposal also prohibits murals as advertising for commercial purposes, gang affiliation, or obscene
murals.
Standards The ordinance prohibits the use of sand and high pressure washing as a cleaning
process on a building in any historic district or eligible for inclusion on the State of National
Register of Historic Structures as such methods are damaging.
Maintenance Any mural that is permitted must have a maintenance schedule to ensure that it is
kept in good repair during its life or it can be ordered removed or covered by the City.
Design Standards The intent of this section is to identify some basic criteria for the design of
murals to lessen any potential adverse impacts on the building where it will be placed, on adjacent
properties, and the community at large. The criteria does not specify the subject matter of a mural
but would allow a wide variety of content. Staff had included some content related criteria
pertaining to murals having to relate to historical significance of the city but eliminated those
provisions as being too narrow in scope.
Mural Permit The Ordinance requires that a permit be issued prior to mural work on a building or
structure.
Item -Z. O. text amendment Sign Regulations - Murals
Application Requirements The Ordinance establishes some minimum criteria that each permit
would have to contain to constitute a complete application.
Other Code Considerations
As part of the development of this Ordinance, staff researched many other ordinances and found
that there is really no model ordinance for murals. It simply depends on what the community
preferences are and what they want to promote in the community regarding public art. Some
communities require a public review process and others provide for administrative approval.
Some ordinances have more detailed standards and limit content and others do not.
The following represent some other provisions that could be incorporated into the Ordinance based
on preference; staff is not advocating the inclusion of such provisions but providing them for
additional consideration.
1. Cap the percentage of wall area covered by the mural (i.e. 50 -80% of facade).
2. Cap the overall size of the mural (i.e. 100 square feet).
3. Sunset the ordinance as a pilot program.
4. Limit subject content of the murals.
a. The subject matter of the mural shall be of historical significance regarding the
growth and development of the City of Oshkosh.
b. The subject matter of the mural shall enhance community identity or the historical
identity of the local environment.
Of the two proposals staff feels that the administrative review process most closely resembles the
current city approval process for other facade improvement and sign projects without an overly
cumbersome review process while incorporating the additional safeguard of an appeals process
should outside parties have a concern over the proposed mural.
Should there be a preference to incorporate an additional design standard criteria relative to subject
matter in the Ordinance (i.e. murals shall be of historical significance or the like) staff would
prefer that the committee process be utilized as that would become more subjective and open to
wider interpretation that would be better fleshed out in committee form. Should mural interest
take off in the community, staff could envision developing different mural districts with differing
requirements especially with regard to subject matter, depending on the area where the mural
would be proposed in the community, meaning that different districts could have different themes.
Staff is also including information relative to the Oshkosh Community Mural that is being
proposed on the Sparr Law Office building at 103 High Avenue. The mural is proposed to be
placed on the west elevation overlooking the High Avenue parking lot on the facade that used to
be attached to the High Avenue parking ramp that was removed some years ago exposing a long
expanse of brick facade. The proposed mural is 8 feet high by 72 feet in length (576 square feet)
and is painted on 18 four foot by 8 foot wood panels. The mural would be attached to the wall by
drilling holes and anchoring the panels to the building which when removed will have to be filled.
The mural would appear to be consistent with the proposed mural drafts and should the
administrative process be adopted, staff would finalize the actual permit and issue the notices and
begin the waiting period.
Item -Z. O. text amendment Sign Regulations - Murals
RECOMMENDATION /CONDITIONS
Staff is recommending approval of the Administrative Review Process to permit murals as
discussed. Should the Plan Commission recommend any changes to the Ordinance relative to
subject matter, staff would recommend the Committee Review Process be adopted.
The Plan Commission approved of the Administrative Review Process to permit murals as
requested. The following is the Plan Commission's discussion on this item.
Mr. Burich presented the item and stated that this has been under consideration since 2005 and the
text amendment to sections of the code in the zoning ordinance would allow murals in a limited
area of the city. He discussed the definitions of murals and displayed photos of murals from
various other cities as well as examples of what is not considered a mural. He reviewed the mural
definition and the two approval procedures being proposed. He explained that the administrative
procedure would allow for applications to be handled the same as other permits issued by Planning
Services staff and would establish the notification and waiting period to allow for comments.
Appeals to the denial of a mural application would go to the Public Arts Advisory Committee for
review. The committee procedure would involve treating the request similar to Plan Commission
items where it would go to the Public Arts Advisory Committee for review and approval with
appeals for a denial going to the Common Council for review. He also reviewed the basic
ordinance provisions which would allow murals in only the M -2 and C -3 districts of the city. He
also reviewed the design standards and other code considerations as well as a rendering of the
Oshkosh community mural proposal which would be placed on the structure at 103 High Avenue.
He recommended approval of the administrative review option as he did not feel there would be a
high demand for mural applications.
Mr. Fojtik inquired if the administrative review option was approved initially, what procedure
would be required to change to the committee review option if it was deemed necessary.
Mr. Burich responded that it would only involve an amendment to the ordinance once one is in
place.
Mr. Borsuk questioned if it would be more appropriate to limit the murals to the Central City area
only.
Mr. Burich replied that the zoning districts need to define the areas where the murals would be
allowed and it could be limited to the downtown overlay district only however he did not feel that
it would be detrimental in the M -2 district.
Mr. Borsuk inquired if there would be a requirement to finish the remaining wall with
improvements to the surface once the mural is installed.
Mr. Burich responded negatively.
Ms. Lohry commented that she felt it would be unacceptable to add the mural without surface
improvements to the remaining wall.
Item -Z. O. tent amendment Sign Regulations - Murals
Mr. Burich replied that once the mural is installed, it becomes the focal point of the wall and the
City does not have regulatory requirements for wall improvements of old structures.
Mr. Cummings added that he has seen murals in Algoma on structures and you do not want to
damage old brick walls by attempting to improve their appearance as this is part of the historic
integrity of the structure. He further commented that he has seen murals done in other cities as
well and they add a dynamic punch to old buildings.
Mr. Burich added that the mural was meant to be an enhancement to the wall.
Ms. Propp questioned if the Public Arts Advisory Committee would be established regardless of
which approval process is selected.
Mr. Burich responded affirmatively and stated that various members from different boards and
commissions would be involved.
Ms. Lohry inquired if the mural proposal rendering distributed was drawn to scale
Mr. Burich responded affirmatively.
Leif Larson stated that he was the creator of the proposed community mural and that the rendering
distributed was two months old and has had additional features incorporated since that time. He
explained that it was designed to honor historic Oshkosh and was very dynamic.
Rich Norenberg stated that he worked with Mr. Larson for the past year on the mural and they
brought as many people into the process as possible including a ballot for community responses.
He felt they designed something that would withstand the elements and a lot of thought went into
this project.
Mr. Burich questioned if he was able to review the proposed ordinance.
Mr. Norenberg replied that he had and believed that the strength of the ordinance allows for
oversight and the design will support development and aesthetics of the city with maintenance
requirements included. He felt the murals would benefit the city as it was a vehicle to beautify
Oshkosh.
Mr. Burich inquired if he supported the administrative review option or the committee review
option.
Mr. Norenberg responded that he did not make a decision on the approval process as he wanted to
hear opinions from the Commission members. He felt that the committee option would involve
more people and would provide some type of feedback.
Mr. Fojtik commended Mr. Norenberg and Mr. Larson on their efforts and commented that the
project has generated a lot of worthwhile discussion.
Mr. Borsuk stated that his basic concerns with this request have been addressed and he felt the
limited area to start with was appropriate. He did not feel that a sunset clause was necessary for it
Item -Z. O. text amendment Sign Regulations - Murals
however he suggested a formal review period to evaluate the effectiveness of what was approved
would be recommended and suggested a three year term.
Mr. Burich commented that the notification and waiting period would give nearby property owners
the chance to evaluate the proposal and appeal the decision of the City to issue the mural permit.
The established appeals process would be heard before the Plan Commission or Public Arts
Advisory Committee and the Common Council.
Mr. Cummings also commended the parties who worked on this project and questioned which
proposal would get the process moving along more rapidly.
Mr. Burich responded that the administrative review process would have a shorter turn around
time.
Motion by Propp to approve the proposed text amendment to Zoning Ordinance Chapter
30, Section 3 0-3 7 Sign Regulations and Section 30 -1 Definitions under the administrative
approval process as requested.
Seconded by Lohry. Motion carried 8 -0.
Item -Z. O. text amendment Sign Regulations - Murals
Administrative Approval Proposal
Must amend Section 30 -1 Definitions
30 -147 (r) (everything will bump down in definitions Section)
30 -147 (r) Mural A non - commercial message, picture, scene, or diagram exhibited on the
outside wall of a building or structure through application of paint, canvas, tile, panels or
similar materials such that the wall becomes the background surface or platform for the
mural. A mural shall be considered a wall sign or commercial message if it contains words,
logos, trademarks or graphic representations of any person, product or service for the
purpose of advertising or identifying a business. Explanatory wording relative to the artwork
may be incorporated into the mural. Signatures shall be allowed and limited to maximum of
two square feet in size.
Amend Sign Section 30 -37
(G) Murals
(1) Murals shall be permitted in the C -3 Central Commercial, and M -2 Central
Industrial Districts. Murals shall also be permitted through conditional use
permit on governmental and institutional structures.
(a) Murals are not permitted on the primary fagade of a building or any
fagade directly adjacent to the Main Street right -of -way. A primary fagade is
defined (for purposes of this section) as the building elevation that faces the
adjacent street right -of -way and is the primary customer entrance.
(2) Prohibited Mural Types
(a) Murals or other representations which imitate or appear to imitate any
official traffic sign or device which appears to regulate or direct the movement of
traffic or which interferes with the proper operation of any traffic sign or signal,
or which obstructs or physically interferes with a motor vehicle operator's view
of approaching, merging, or intersecting traffic.
(b) Murals with moving parts, including solar, wind, or water driven devices.
(c) Murals affixed, applied or mounted above, upon or suspended from any
part of the roof of a structure.
(d) Murals shall not project from the wall surface, other than the minimum
necessary protrusion to mount the mural to the wall or structure.
(e) Murals containing any gang affiliation symbols.
(f) Murals containing any commercial messages or advertising.
(g) Murals containing obscene content. For purposes of this section, any
material is obscene if applying contemporary community standards:
(i) The predominant appeal is to a prurient interest in sex; and
(ii) The average person would find the material depicts or describes
sexual content in a patently offensive way; and
(iii) A reasonable person would find the material lacks serious literary,
artistic, political, or scientific value.
(3) Standards
Surface Preparation. Sand and high pressure water blasting are not permitted
as a cleaning process for either surface preparation or for mural maintenance
purposes in any historic district or any building eligible for inclusion on the State
or National Register of Historic Buildings. Treatments that cause damage to
historic materials shall not be used.
(4) Maintenance
(a) The mural shall be kept in good condition for the life of the mural
according to the maintenance schedule and responsibilities approved by the
Director of Planning Services.
(b) The display surface shall be kept clean and neatly painted and free from
corrosion.
(c) Any mural that is not maintained, faded, or is in disrepair shall be
ordered removed or covered with opaque paint, similar to the primary building
materials /colors or other appropriate material by the Director of Planning
Services, or his designee.
(5) Design Standards
(a) The proposed mural will not have an adverse impact on the safe and
efficient movement of vehicular or pedestrian traffic; and
(b) The location, scale and content of the mural should be in keeping with
and enhance the building or structure on which it is located; and
(c) The proposed mural is well integrated with the building's fagade and
other elements of the property and enhances the architecture or aesthetics of a
building or wall; and
(d) The proposed mural, by its design, construction, and location, will not
have a substantial adverse effect on abutting property or the permitted use
thereof; and
(e) The proposed mural is not detrimental to the public health, safety, or
welfare; and
(f) The mural will not have a detrimental effect on the structural integrity of
the wall on which it is applied /affixed; and
(g) The maintenance schedule is reasonable for the mural and the building
on which it is applied /affixed.
(6) Mural Permit
No mural shall be installed unless a mural permit therefore shall first be
obtained by the owner, or his agent, from the Director of Planning Services, or
his designee.
(7) Application Requirements
Permit application shall contain, but not be limited to, the following information:
(a) Site plan showing the lot and building dimensions and indicating the
proposed location of the mural.
(b) Pictures of the building elevations.
I
(c) A scale drawing and color photo of the building elevation showing the
proposed size and placement of the mural.
(d) A colored drawing of the proposed mural.
(e) A description of the proposed maintenance schedule that includes the
timeframe for the life of the mural and method for removal, if applicable.
(f) Evaluation by a design professional regarding the impact of the mural's
application on the wall surface that it is applied or affixed to.
(8) Mural Permit Approval
No mural permit shall be approved unless the Director of Planning Services, or
his designee, shall find that the requirements of this Section have been fulfilled.
(9) Notification and Waiting Period
After the Director of Planning Services, or his designee, determines that a mural
permit application meets the requirements of this Section of the Zoning
Ordinance, a 10 day notification and waiting period is established. Notification
of permit application shall be mailed to all property owners adjacent to or
abutting the proposed mural property. Said notification will contain information
regarding the mural permit, date that the notification period ends, and an
appeals process. Notice shall state that a mural permit may be issued 10 days
after date of notification by the Planning Services Division.
(10) Appeals
(a) Permit Approval Any person may appeal the decision of the Director of
Planning Services, or his designee, regarding the decision of the Director to
grant the mural permit. Said appeal shall be made in writing to the Director of
Planning Services and shall be received by the Planning Services Division prior
to the end of the 10 day notification period. Appeals will be heard by the Public
Arts Advisory Committee to determine if the Director of Planning Services'
decision to grant the permit is consistent with the provisions of this Section of
the Zoning Ordinance.
(b) Permit Denial A mural permit applicant may appeal the decision of the
Director of Planning Services to deny a mural permit. Said appeal shall be
made in writing to the Director of Planning Services and said appeal shall be
made within 30 days of the decision by the Director of Planning Services to
deny the permit. Appeals will be heard by the Public Arts Advisory Committee
to determine if the Director of Planning Services' decision to deny the permit is
consistent with the provisions of this Section of the Zoning Ordinance.
Committee Approval Process
Must amend Section 30 -1 Definitions
30 -147 (r) (everything will bump down in definitions Section)
30 -147 (r) Mural A non - commercial message, picture, scene, or diagram exhibited on the outside wall
of a building or structure through application of paint, canvas, tile, or similar materials such that the wall
becomes the background surface of the mural. A mural shall be considered a wall sign or commercial
message if it contains words, logos, trademarks or graphic representations of any person, product or
service for the purpose of advertising or identifying a business. Explanatory wording relative to the
artwork may be incorporated into the mural. Signatures shall be allowed and limited to maximum of two
square feet in size.
Amend Sign Section 30 -37
(G) Murals
(1) Murals shall be permitted in the C -3 Central Commercial, and M -2 Central Industrial
Districts. Murals shall also be permitted through conditional use permit on
governmental and institutional structures.
a. Murals are not permitted on the primary facade of a building or any facade
directly adjacent to the Main Street right -of -way. A primary facade is defined
(for purposes of this section) as the building elevation that faces the adjacent
street right -of -way and is the primary customer entrance.
(2) Prohibited mural types.
a. Murals or other representations which imitate or appear to imitate any official
traffic sign or device which appears to regulate or direct the movement of
traffic or which interferes with the proper operation of any traffic sign or
signal, or which obstructs or physically interferes with a motor vehicle
operator's view of approaching, merging, or intersecting traffic;
b. Murals with moving parts, including solar, wind, or water driven devices;
c. Murals affixed, applied or mounted above, upon or suspended from any part
of the roof of a structure;
d. Murals shall not project from the wall surface;
e. Murals containing any gang affiliation symbols;
f. Murals containing any commercial messages or advertising.
g. Murals containing obscene content. For purposes of this section, any material
is obscene if applying contemporary community standards:
i. The predominant appeal is to a prurient interest in sex; and
ii. The average person would find the material depicts or describes sexual
content in a patently offensive way; and
iii. A reasonable person would find the material lacks serious literary,
artistic, political, or scientific value.
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(3) Standards
a. Surface Preparation. Sand and high pressure water blasting are not permitted
as a cleaning process for either surface preparation or for mural maintenance
purposes in any historic district or any building eligible for inclusion on the
State or National Register of Historic Buildings. Treatments that cause
damage to historic materials shall not be used.
(4) Maintenance
a. The mural shall be kept in good condition for the life of the mural according
to the maintenance schedule and responsibilities approved by the Public Arts
Advisory Committee.
b. The display surface shall be kept clean and neatly painted and free from
corrosion.
c. Any mural that is not maintained, faded, or is in disrepair shall be ordered
removed or covered with opaque paint, similar to the primary building
materials /colors or other appropriate material by the Zoning Administrator.
(5) Design Standards.
a. The proposed mural will not have an adverse impact on the safe and efficient
movement of vehicular or pedestrian traffic; and
b. The location, scale and content of the mural should be in keeping with and
enhance the building or structure on which it is located; and
c. The proposed mural is well integrated with the building's fagade and other
elements of the property and enhances the architecture or aesthetics of a
building or wall; and
d. The proposed mural, by its design, construction, and location, will not have a
substantial adverse effect on abutting property or the permitted use thereof;
and
e. The proposed mural is not detrimental to the public health, safety, or welfare;
and
f. The mural will not have a detrimental effect on the structural integrity of the
wall on which it is applied/affixed; and
g. The maintenance schedule is reasonable for the mural and the building on
which it is applied/affixed.
(6) Approval. All murals must be approved by the Public Arts Advisory Committee
(PAAC) that shall find at a minimum that the criteria in Section (G)(5) has been met.
The Public Arts Advisory Committee may promulgate additional standards.
a. Appeals to Common Council. Any interested party may appeal a decision of
the PAAC regarding a mural application. The appeal must be in writing and
received by the City Clerk's office within five (5) days of action by the
PAAC.
(7) Application Requirements. A mural permit application is required prior to review by
the Public Arts Advisory Committee. Permit application shall contain the following
information:
a. Site plan showing the lot and building dimensions and indicating the proposed
location of the mural.
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b. Pictures of the building elevations.
c. A scale drawing and color photo of the building elevation showing the
proposed size and placement of the mural.
d. A colored drawing of the proposed mural.
e. A description of the proposed maintenance schedule that includes the
timeframe for the life of the mural and method for removal, if applicable.
f. Evaluation by a design professional regarding the impact of the mural's
application on the wall surface that it is applied or affixed to.
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DISCLAIMER PROPOSED MURAL LOCATION O
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
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Scale: 1" = 30'
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City of Oshkosh
Department of
Community Development
07/14/1
Mural Construction Material
The Oshkosh Community Mural is constructed with 4 x 8, 5/8 "A grade CDX exterior sheeting adhered
to 2x2 treated lumber frames using liquid nails and approximately 150 2# brads in each panel. There are
18 panels creating an 8'x 72' foot mural. The panels were primed with 2 coats of exterior grade latex
primer using a spray application.
Direct to Metal marine quality paint was brushed on the images in the mural. There are as at minimum 3
coats on the entire surface of the mural. The mural surface will be sealed with an exterior grade latex anti
graffiti product designed to protect the surface from tagging. The back side of the mural will be sealed
with a marine quality spar varnish. Both sealers will be applied using a spray application.
Mural Lifespan and Maintenance
As is, the mural is designed to be maintenance free in a west facing direction for approximately ten years.
However, there are four issues we are prepared for that are reasonable concerns given the product. They
are: "Discoloration" to due exposure to the elements, "Tagging" the result of vandalism,
"Sagging" the result of being attached to a brick building and "Moving" the mural. The maintenance plan
will span 15 years. I currently have all described materials paid for and an additional $3,500 for
maintenance costs in the Oshkosh Mural Fund at the Oshkosh Area Community Foundation. This fund is
expected to grow as we do have additional fund raising events scheduled. Most maintenance costs are
projected to be minimal as we have all materials at the time of this writing.
To address these issues we propose the following:
Discoloration: Colored digital photographs of the mural will be taken at the time of installation. Annually,
new photographs will be taken and visually compared to the originals. At these intervals, decisions will be
made to "touch- up" the mural if the discoloration is deemed to be needed. Community reaction will also
be considered should a community member(s) notice a depreciation of color quality.
Tagging: The anti - graffiti arterial "Tag Zap" will be applied. This is a non bonding agent that allows paint
tagged to the mural to be removed easily with 48 hours. After 48, hours a special solution will be required
to remove the "Tag Zap" from the "tagged" area and reapplied.
Sagging: In the event the mural, after it is installed, comes free, it will be reattached following the mural
ordinance. Each 4 x 8 panel will be attached individual to minimize weight distribution and potential wind
load damage.
Moving: In the event the mural is moved, it will be given to the Oshkosh Public Museum. This was
agreed upon at the beginning of the mural project. This may be the largest expense in terms of
maintenance, and will be paid for from the Oshkosh Community Fund held at the Oshkosh Area
Community Foundation.
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Mural Permit Application (DRAFT)
City of Oshkosh
Planning Services Division
Room 204, City Hall
215 Church Avenue
Oshkosh, WI 54903 -1130
920 - 236 -5059
ALL PROPOSED MURALS MUST APPLY FOR A MURAL PERMIT. Murals are permitted in C -3 General
Commercial and M -2 Central Industrial District. Murals are also permitted through a conditional use permit on
governmental and institutional structures. The conditional use permit must be obtained prior to the mural
permit application.
Address (where mural to be installed):
Property Owner Name: Date:
Mailing Address:
Contact # E -mail:
Property Zone or Use: (must be C -3, M -2 or Government /Institutional Structure)
ARTISTJSPONSOR INFORMATION
Artist /Sponsor Name:
Mailing Address:
Contact #
E -mail:
MURAL INFORMATION
Type of Mural (check all that apply)
❑ Mural painted on exterior wall ❑ Mural consisting of canvas, tile or other material affixed to exterior wall
Type of structure mural to be affixed to: Type of wall surface mural to be affixed to:
Detail how the mural will be affixed to building:
Expected lifespan of mural:
Detail maintenance plan for mural:
Mural Permit Application Page 1 of 2
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Proposed Mural Dimensions
Width
Height
Total Area
Depth of Mural from
Plane of Wall
Overall Mural Height
Above Grade
ft
ft
sq ft
in
ft
REGULATIONS FOR MURALS
You must provide the following with your application:
❑ Site plan showing the lot and building dimensions and indicating the proposed location of the mural.
❑ Pictures of the building elevations.
❑ A scale drawing and color photo of the building elevation showing the proposed size and placement of the mural.
❑ A colored drawing of the proposed mural.
❑ A description of the proposed maintenance schedule that includes the timeframe for the life of the mural and
method for removal, if applicable.
❑ Evaluation by a design professional regarding the impact of the mural's application on the wall surface that it is
applied or affixed to.
Complete regulations regarding murals within the city of Oshkosh can be found on the City of Oshkosh website at
http: / /www.ci.oshkosh.wi.us, Municipal Codes, Chapter 30 -37, Sign Regulations.
Permit fee is $ (Make checks payable to City of Oshkosh)
REQUEST.A AFF
The applicant must read the following statement carefully and sign below:
I hereby certify that the information submitted is true and correct to the best of my knowledge. In submitting the permit
application, I acknowledge and agree the application is subject to all the regulations found in Chapter 30 -37, Sign
Regulations of the Oshkosh Municipal Code and further agree to fully comply with said regulations. I further understand
that I am contractually bound by these terms for the life of the mural.
Property Owner's Printed Name
Property Owner Signature
Date
OFFICE USE ONLY
❑ Mural application meets requirements of 30 -37, Sign Regulations
❑ 10 -day notification period begins on and ends on
❑ Notification mailed to all adjacent or abutting properties
❑ Appealed in writing prior to end of 10 -day notification period
❑ Planning Director Approval
❑ Planning Director Denial
❑ Appeal of Planning Director's denial in writing within 30 days of the Planning Director's decision
❑ Plan Commission
❑ CUP required/ issued
Mural Permit Application Page 2 of 2
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