Loading...
17 - Mural Ordinance for Downtown Historic AreaItem No. 17 TO: Mayor & Council FROM: John Godwin, City Manager SUBJECT: MURAL ORDINANCE DATE: January 16, 2019 BACKGROUND: We have been working off and on a mural ordinance for the downtown historic area for a few years now, and in recent months it became a high enough priority for us to complete it. We discussed the draft ordinance at an October meeting of the historic preservation commission (HPC) and then I met with a subcommittee of the commission in December. Following revisions to our drafts in response to the subcommittee's review and feedback, I presented the ordinance to the commission on January 9 for its recommendation. Subject to a pair of additional clarifications, the commission unanimously recommended adoption of the mural ordinance by the city council STATUS OF ISSUE: The ordinance only addresses murals in the downtown historic districts. New murals are defined (not advertising signs), and their construction, maintenance, usage, and approval are all described. In addition, regulations are included regarding the restoration of old, historic murals. All new murals and mural restorations must be reviewed and approved by the historic preservation commission, which when meeting for mural review shall also include one council member as a voting commissioner. RECOMMENDATION: Approve attached ordinance. Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES TO AMEND CHAPTER 7, "BUILDINGS AND BUILDING REGULATIONS," TO ADD ARTICLE IX, "MURALS IN THE DOWNTOWN HISTORIC OVERLAY DISTRICT;" MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, AND A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, in 2002, the City Council of the City of Paris adopted Ordinance 2002-033, a historic preservation ordinance, in order to protect the historic and aesthetic value of various historic overlay districts, including the Downtown Historic Overlay District; and WHEREAS, there exist in the Downtown Historic Overlay District several "ghost" murals of historic and/or artistic value to the City; and WHEREAS, it is desirable both to protect and enhance said "ghost" murals and to provide standards for the preservation and restoration of same as well as to for the creation of new murals so as to preserve the historic and aesthetic character and value of the Downtown Historic Overlay District; and WHEREAS, the City's Historic Preservation Committee has considered the following ordinance over a period of months and unanimously approved the same at its meeting on January 9, 2019; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Chapter 7, "Buildings and Building Regulations," of the Code of Ordinances is hereby, and shall be, amended by adding the following Article IX, "Murals in the Downtown Historic Overlay District:" "ARTICLE IX. --MURALS IN THE DOWNTOWN HISTORIC DISTRICT "Sec. 7-190. Purpose. "The purpose of this ordinance is to provide opportunities to enhance the interest in, attractiveness, and features of the Paris, Texas Downtown Historic District, through 1 graphic representations of cultural, social, historical, and aesthetic features of this city. Murals are considered a component of a community's public art inventory. "Sec. 7-191. Definitions: "Mural means the following: "(a) A mural is a graphic displayed on the exterior of a building, generally for the purposes of decoration or artistic expression, including but not limited to painting, fresco, or mosaic. "(b) It is artwork applied to the wall of a building that covers a substantial portion of that wall and depicts a scene and/or an event of natural, social, cultural, or historic significance to Paris. "(c) A mural is not interpreted, and shall not be considered, as advertising or a sign, or as a billboard, nor used for advertising purposes. "Sec. 7-192 Re it m "(a) A new wall mural shall be subject to approval of the Paris Historic Preservation Commission. For purposes of this approval, the commission's city council liaison shall be included as a voting member of the commission. A wall mural shall primarily display non-verbal graphic or non-verbal photographic images, but may display words or other text. "(b) Wall murals are intended to be artistic or historic, and shall not be used primarily as signs or advertisements. "(c) Murals should be consistent with the time period of the structures to which they are affixed. "(d) S,z,e„ of Disr..)lair. The total area of the display shall be no less than sixty percent (60%) of the total area of the wall on which the mural is located except where: "(1) A smaller mural is required to avoid covering a distinctive architectural or historic feature of the building; or 2 "(2) A smaller mural is required to avoid interference by structures, other buildings, trees, or other obstacles with line -of -sight visibility of the display by the vehicular traffic to which the mural is oriented; or "(3) A smaller mural is required to ensure safety in erecting, changing, or maintaining the display or mural structure; or "(4) A smaller mural is required because the structure of the building or wall will not support or otherwise accommodate the mural structure necessary for the display to cover eighty percent (60%) of the wall area. "(e) Maximum Number of Wall Murals. Exclusive of legal nonconforming wall murals or wall signs, the number of and location of wall murals within the Downtown Historic Overlay District shall be at the discretion of the Paris Historic Preservation Commission. "(f) Standards for Wall Placement and Removal. "(1) Wall murals must be located on a side building fagade facing either a public street or a parking area and not on the front building fagade. The wall mural shall be displayed on an exterior wall parallel with the wall surface. "(2) A mounted wall mural shall not project more than sixteen (16) inches from the wall surface if the medium is vinyl or other high-resolution material. "(3) The wall mural shall be set back from each vertical and horizontal end of the wall a minimum distance of six (6) inches. "(4) In no case may the projection depth be such that pedestrian traffic is impeded. "(S) Each wall mural shall be secured in a manner that will require minimal repair to the wall after removal of the mural. The person in control of a wall mural or the owner of the wall shall repair all damage caused to the wall by securing or removing the wall mural. "(6) A wall mural shall not cover, destroy, or materially alter an architectural or historic feature unless the Historic Preservation Commission permits the wall mural to cover the architectural feature. "(7) New murals shall not be painted on or attached directly to any historic brick. "(8) Signature(s) of the artist(s) shall be allowed, but limited to a maximum of two square feet. "(9) Finishes, textures, construction techniques, designs, colors, craftsmanship, and building materials that characterize a distinctive historic or architectural feature of a building shall be preserved. To prevent material alteration: "(a) Wall murals adjacent to a distinctive historic or architectural feature of a building shall be secured in a manner that, if removed in the future, would not impair the form and integrity of the feature; "(b) Chemical or physical treatments, such as sandblasting, that may cause damage to any distinctive historic or architectural feature shall not be used; "(c) All surface cleaning of the portion of a wall mural or underlying wall adjacent to a distinctive historic or architectural feature shall use a means that will not disturb the feature's color, texture, or other visual qualities, accelerate deterioration or otherwise impair the structure of the feature. "(g) Permit for Placement of Wall Murals. "(1) No wall mural may be erected or replaced unless and until the person in control of the display applies for and obtains a permit for placement of wall murals as described within Chapter 7, Article VII Historic Preservation, within the City of Paris Code of Ordinances "(2) All approvals required for the erection or replacement of wall murals shall be documented by notation on the permit application during its evaluation. No permit shall be issued if the approvals required have not been obtained. 4 "(3) A permit shall be construed to be a license to proceed during the life of the permit with the erection or replacement of the wall mural as described in the approved permit application. All permits and applications for permits shall be in the name of the owner of the wall. Such permits shall convey to the owner or his/her designee all rights and privileges which may be assigned, and impose upon such person all duties, which may be delegated. The name and contact information for the owner and a designee, if any, in control of the wall shall be maintained by the city with the permit. Nothing shall be construed as authorizing the erection or placement of a wall mural without the consent of the owner or person in possession of the wall where the wall mural would be located. "(4) A permit to erect or replace a wall mural shall expire if the wall mural is not erected and bearing a display within six (6) moths after the date of the issuance of the permit. "(5) The supportive material and/or hardware for a mounted mural shall be removed if it has no display for a continuous period of six (6) months. It shall not be re -erected or replaced without obtaining a new permit. "(6) The City shall keep a permanent record of all permits issued for wall murals including dates and times of issuance, which shall be available for public inspection and copying. "(7) A change or replacement of a display shall be approved by the same process as the original granting of a mural permit. "(h) Standards for Determining Whether to Issue Permit for Wall Murals. "An application for a permit to erect or replace a wall mural shall be granted if the wall mural as proposed satisfies the criteria. Such criteria are in addition to the standards and guidelines as prescribed herein and authorized elsewhere in the Paris Code of Ordinances for a permit, certificate of appropriateness (COA), or other approval by any agency or official of the City of Paris except those set forth in the Building Code addressing structures and materials for murals and for signs, as determined by the City of Paris Building Official. "(1) No permit to erect or replace a wall mural shall be issued if, while the permit application is pending, a notice issued regarding any violation as stated in the Paris Code of Ordinances or the Building Code is unresolved as to the building on which the proposed wall mural would be placed. A permit may be issued upon resolution of the alleged violation that is the subject of the notice. "(2) No official of the City of Paris is authorized to establish criteria, standards, or guidelines that add restrictions, conditions, or requirements. However, each reviewing official shall be allowed to follow its procedural rules and regulations, unless those rules and regulations conflict with the requirements stated herein. In that case, these requirements shall govern. "(3) The proposed mural(s) shall not create a public safety issue. "(4) Lighting of mural(s) shall not be required; however, lighting, if used, shall minimize glare and/or light spillage onto the public way or adjacent properties. "(i) Application for Permit Certificate pf A r .ori ten s "(1) Each application shall address one (1) wall mural proposed for one (1) wall. "(2) The applicant for a permit shall file such application with the Historic Preservation Officer, who shall forward the application to the appropriate agency or official responsible for evaluating it in accordance with Chapter 7, Article VII of the Code of Ordinances (Historic Preservation). "(3) The Historic Preservation Officer shall record on the application the time and date upon which each application is filed, and maintain all filed applications or copies permanently from the date of filing. "(4) The application shall be accompanied by a scale color photographic, drawing and/or digital image of the proposed wall location in the context of adjoining properties, and the same color image shall also depict the proposed wall mural to represent with general accuracy the appearance of the wall with the addition of the mural. The Historic Preservation Commission and/or the Historic Preservation Officer 31 responsible for evaluating the application may require additional photographic or digital images to be submitted with the application. The photographic and/or digital image shall indicate the square footage of the total mural, and the length and height of the mural. "(5) The application shall also be accompanied by: "(a) The materials and information required by the City of Paris Zoning Ordinance and of the Building Code; "(b) The street address of the building upon which the proposed wall mural would be located; "(c) A list of streets and other vehicular rights-of-way to which the proposed mural principally would be oriented; "(d) A calculation of the area of the wall upon which the wall mural would be located and a calculation of the area of the expected display; "(e) If the area of the expected display would be more than eighty percent (80%) of the wall area, the reasons for the larger display; "(f) A description of the medium to be used for the display. The applicant shall describe weather protection procedures used to protect the mural. "(g) The telephone number, email and postal address of the applicant and the name, telephone number, email and postal address of the owner of the building to which the wall mural would be secured and a statement as to whether the owner or person in possession of the wall has consented to erection of the proposed wall mural, including the approval of the time - period requested for the placement of the mural, as well as the proposed location of the mural on said building. Time for Granting or Denying A a plication for Permit. "(1) Within sixty (60) days after receiving an application for a permit or up to an additional sixty (60) days if requested by the applicant or needed by the city official responsible for evaluating the application, the Historic Preservation Officer of the City of Paris shall notify the applicant of the decision. "(2) An application shall be deemed denied only by written notification to the applicant. 7 "7-193. Enforcement. "Whenever the Historic Preservation Officer finds that a wall mural does not conform to the requirements, or that the structure of the wall mural or its attachment to the building is in a hazardous condition, he or she shall forward by certified mail to the person in control of the display and the subject property owner a written notice of violation, stating the defects and requiring that person to correct or abate the defects within thirty (30) days. Should the violation persist after the expiration of said thirty (30) days, the City may file a misdemeanor case in the municipal court for the violations of this Article. "7-194. Additional technical issues to be considered when evaluating ermit applications: "Staff and the Historic Preservation Commission shall consider the following when evaluating mural permit (COA) applications in order to aid in the longevity and maintenance of all approved murals: "(a) NEW MURALS: "(1) Murals usually occur on masonry surfaces but other forms of applied art work or signage occur on other building materials such as stucco or wood. However, brick masonry is the typical surface material upon which murals are placed. "(2) Normally occurring moisture originating from within the building (e.g., sinks, cooking) often makes its way through brick on its way to the atmosphere. This moisture builds up behind the layer of paint causing it to bubble and fail. An extreme case of paint failure can occur when there is a water leak or poorly contained runoff. Moisture trapped within a brick, especially older soft brick, causes it to deteriorate (dusting/efflorescence). "(3) Having said the above, it has been shown that murals can last a long time since they typically do not cover all of the bricks on a building and the moisture dissipates elsewhere. Mural longevity depends upon the type of brick and type of paint, as well as the environment. One characteristic that makes murals last a long time is the paint's ability to transfer moisture. "(4) Typically, the best advice has been to paint the mural on a separate panel and mount it on the building. This method leaves the masonry intact and does not risk the building's envelope. These panels can also be created in a covered studio. Conversely, if the mural painting is to be a community event, the panel can be mounted, or a series of panels can be mounted to the building and painting begun. "(5) The use of spacers is recommended to set the panel away from the building approximately one inch so that air is allowed to circulate behind the panel. "(b) GHOST MURALS "Preservation of ghost murals (existing murals that have faded due to the passage of time) shall be done by one of the following three methods: "(1) Lightly touch up the design and lettering so it can be seen again. This approach uses diluted paint to still allow a faded appearance and convey it is a historic mural. Oftentimes this will require research into historic city directories, yearbooks, newspapers, Sanborn maps, official city files and records, museum files, and of course local citizens for historical photographs and information. "(2) Repaint the mural with 100% coverage. This approach is the least favored since it makes the mural look brand new again rather than as a historical element. On the more technical level, many historic murals were painted on brick. The Texas Main Street Program does not recommend painting on brick because it can interfere with how brick absorbs and repels water. Water can get trapped behind the paint and cause deterioration of the brick. "(3) Leave them as is. Leaving them exactly the way they are is the authentic history, and they have a beauty and a character of their own in this state. Do ensure that photos are taken or archived to document their history for future generations to learn about even if they can no longer be seen in their entirety. 6 "(4) It shall be a violation of this article to undertake any level of historic preservation designation to attempt any preservation techniques unless and until the City of Paris provides approval for said presentation; not doing so could seriously jeopardize and/or otherwise eliminate said historic designation for either the subject building and/or the ghost mural itself." Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 28th day of January, 2019. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney