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HomeMy WebLinkAboutItem 7 Original 11-418-Mural Ordinance AUGUST 23, 2011 SEPTEMBER 13, 2011 11-365 11-418 ORDINANCE FIRST READING SECOND READING (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO CHAPTER 30 ZONING ORDINANCE TO CREATE A DEFINITION & REGULATIONS PERTAINING TO MURALS INITIATED BY: COMMUNITY DEVELOPMENT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, ordiagram 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 orwhich interferes with the proper operation of any traffic sign or signal, orwhich 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, otherthan 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 facade 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.