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HomeMy WebLinkAbout11-418AUGUST 23, 2011 SEPTEMBER 13, 2011 11 -365 FIRST READING SECOND READING (CARRIED 6 -0 LOST LAID OVER 11 -418 ORDINANCE WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO CHAPTER 30 ZONING ORDINANCE TO CREATE A DEFINITION & REGULATIONS PERTAINING TO MURALS INITIATED BY: COMMUNITY DEVELOPMENT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 SEPTEMBER 13, 2011 11 -365 11-418 ORDINANCE FIRST READING SECOND READING CONT'D (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 SEPTEMBER 13, 2011 11 -365 11-418 ORDINANCE FIRST READING SECOND READING CONT'D (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 SEPTEMBER 13, 2011 11 -365 11-418 ORDINANCE FIRST READING SECOND READING CONT'D (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 -418 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. 0 Q.IHKQ.IH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services V7-- 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 N/A 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 ,z. a text 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. D. 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. 0. text 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 30 -37 Sign Regulations and Section 30 -1 Definitions under the administrative approval process as requested. Seconded by Lohry. Motion carried 8 -0. Item -Z. 0. 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. (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. /G 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. (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 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. / 1),. 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. J3 I x. xc � r� s o c N F v -= d L 2 t h % S - � I x. xc � r� s o c N F v -= d DISCLAIMER 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 PROPOSED MURAL LOCATION 103 HIGH AV Scale: 1 " = 30' EW N O.fHKOJH ON THE WATER City of Oshkosh Department of Community Development 0711411 J 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. //Ir O O,IHKOlH ON THE WATER City of Oshkosh Mural Permit Application (DRAFT) 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: Mailing Address: Contact # E -mail: Property Zone or Use: (must be C -3, M -2 or Government /Institutional Structure) Date: ARTISTJSPONSOR INFORMATION Artist /Sponsor Name: Mailing Address: Contact # E -mail: MURAL INFORMATION Type of Mural (check all that apply) ❑ Mural painted on exterior wall Type of structure mural to be affixed to: Detail how the mural will be affixed to building: Type of wall surface mural to be affixed to: Expected lifespan of mural: Detail maintenance plan for mural: ❑ Mural consisting of canvas, tile or other material affixed to exterior wall Mural Permit Application Pagel of 2 /7 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 MUR 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) REQUESTA AFFIDAVIT 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 22 of 2 13,