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HomeMy Public PortalAboutORD16230BILL NO. 2021-075 SPONSORED BY Councilmember Lester CO -SPONSORED BY Councilmembers Kemna, Ward, and Deeken ORDINANCE NO. Ai 221 SUBSTITUTE AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 3, ARTICLE III, OF THE CITY CODE OF THE CITY OF JEFFERSON PERTAINING TO MURALS AND MURAL PERMIT PROCESSING. WHEREAS, the Cultural Arts Commission reviewed the text amendment at their August 17, 2021, meeting and recommended approval. WHEREAS, the Planning and Zoning Commission reviewed the text amendment at their December 09, 2021, meeting and recommended approval. WHEREAS, the City Council reviewed the text amendment and voted to refer the bill to the Public Works and Planning Committee at their January 18, 2022, meeting. WHEREAS, the Public Works and Planning Committee reviewed the text amendment at their May 12, 2022, meeting and voted to amend certain sections of the proposed text amendment and to forward to City Council. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Section 3-31 (Definitions) is hereby amended as follows: Sec. 3-31. — Definitions. Church: A building or structure, or group of buildings or structures that are primarily intended forconducting organized religious services and associated accessory uses. Erect: To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other waybring into being or establish. Mural: A painting, graphic design, or pictorial representation applied directly or attached to an exteriormounting surface or exterior wall that is visible from any point of any public right-of-way including public street, sidewalk or greenway trail. Any representation which identifies a business or building by logo, product, service, trademark, message, or slogan shall be considered a sign. Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. School: Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge. The definition includes public and private schools at the primary, elementary, middle, junior high, or high school level Section 2. Section 3-34 through Section 3-38 is hereby amended as follows: Sec. 3-34. – Mural Permit Processing. A. The Director shall review and rule on mural permit applications submitted for any mural proposed within the incorporated limits of the City of Jefferson pursuant to the regulations and procedures set forth below: 1. Within 30 days of submittal of an application for mural permit to the Director, an administrative hearing shall be scheduled. The application may be co ntinued for a maximum of 60 days from the date of the first hearing. 2. The Director of Planning or designee shall notify adjoining and affected property owners within 185 feet of the mural site of the date and time of th1e hearing at which the mural permit application will be considered. The date and time of the mural permit hearing will also be posted in the local newspaper as notification to the general public. 3. The Director shall approve, deny, or conditionally approve the mural permit, with reasons. 4. The decision of the Director shall be final unless an appeal is filed within ten business days of the decision. Appeals shall be filed with the Board of Adjustment pursuant to section 35- 100 of the Jefferson City Code, and shall include: a. The mural case or project being appealed,; b. Reason for the appeal; c. Printed name, address, telephone number, and signature of each appellant. B. Criteria for approval of mural permit. The Director shall approve the mural permit upon finding the mural meets the following criteria: 1. The mural meets the definition of “mural” and is not a sign or form of advertisement. 2. The mural content is not obscene. For purposes of this section, any material is obscene if applying contemporary community standards: a. The predominant appeal is to prurient interest in sex; and b. The average person would find the material depicts of describes sexual conduct in a patently offensive way; and c. A reasonable person would find the material lacks serious literary, artistic, political, or scientific value. 3. The mural conforms to the mural design and construction standards outlined in section 3-35. 4. The mural harmonizes with the structure or structures on the parcel on which it is to be painted and will not negatively impact the historic resources within Jefferson City, nor cause these resources to lose their state and national register eligibility. Murals proposed for properties within designated local historic districts or , neighborhood conservation overlay districts, or national historic register districts shall be subject to review by the appropriate review agency, as indicated below. The mural shall harmonize with the structure on which it is to be painted and will not negatively impact the historic resources within Jefferson City, nor cause the resource, or surrounding resources, to lose their local and national register eligibility. The Director shall submit the mural application to the appropriate review body: a. National Register and State districts: State of Missouri Historic Preservation Program; b. Local conservation or historic districts: City of Jefferson Historic Preservation Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. Commission or neighborhood association, as appropriate. c. Neighborhood Conservation Overlay District: Planning and Zoning Commission. 5. In the event that the Director submits a mural permit application to a review body of another government agency, the Director may allow another 60 days for the concurrent review by the City and the other government agency. When this occurs, the application shall be processed in a maximum of 90 days. 6. The artist, property owner, and if applicable, organization have provided proof of a written contract that allows the artists to paint a mural on the property. 7. The placement, height, and overall area of mural shall be as approved by the Director. Sec. 3-35. – Mural design and construction standards. A. Location. 1. Murals shall be authorized only in the commercial, mixed-use, and industrial zoning districts, or as part of a PUD Plan approved by the Planning and Zoning Commission. All applications for murals, including those proposed for location in PUD zoning districts, shall be processed in accordance with this article. a. Schools and churches in residential zoning districts may erect a mural in accordance with this article. 2. No mural shall be located closer than 500 feet to any other mural. B. Lighting. 1. All lighting within murals, located on murals, or directed to murals shall not exceed the maximum foot candles of illumination provided for in chapter 35, Zoning code, for the zoning district in which the mural is located and adjacent to. 2. No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any mural. No flashing, intermittent, or moving light or lights will be permitted. 3. External lighting, such as floodlights, thin line and gooseneck reflectors are permitted, 4. Light sources that are directed upon the mural shall be effectively shielded so as to prevent beams or rays of light from being directed onto any portion of the public right - of-way or onto adjacent property; 5. Illumination or lighting device shall not reflect or shine directly into the adjacent public rights of ways in such a manner as to hamper the vision of a pedestrian, cyclist, or motor vehicle operator thereon; 6. No mural shall be so illuminated that it interferes with the effectiveness of, or obscures and official traffic sign, device, or signal. C. Construction of murals. 1. All murals shall be constructed as to be free from hazards, and shall be strongly supported with braces, posts, or cables if necessary. They shall be kept in good repair and all surfaces shall be maintained in good appearance. D. All electrical lighting shall conform to the Electrical Code. E. If the proposed mural materials are not compatible with surface mounting, the Director may allow for the mural to be placed on its own substrate, set off from the mounting surface. Sec. 3-36. – Mural types prohibited. A. After the effective date of this article, there shall be erected, constructed , or exhibited none of the following: Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. 1. Murals or other representations which imitate or appear to imitate any official traffic sign or device or which appear 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; 2. Murals placed on areas of public ownership including street rights -of-way and public sidewalks, except when the applicant obtains a permissive use of right-of-way permit that a projecting mural may extend no more than 12 inches from a building over a public sidewalk; a. A mural may extend no more than 12 inches from a building over a public sidewalk; 3. Murals with moving parts, including solar, wind- or water-driven devices; 4. Murals affixed, applied or mounted above, upon or suspended from any part of the roof of a structure; 5. Murals which incorporate reflective or metallic paints or materials; 6. Murals which fail to meet the lighting standards of subsection 3 -18. Sec. 3-37. – Preparation of surface and maintenance. A. A mural permit is issued with the understanding that the property owner or organization for all maintenance, repair, and removal of the mural. B. Sand and high pressure water blasting are not allowed as a cleaning process, for either surface preparation or for mural maintenance purposes in the National Register , or local historic overlay districts, or neighborhood conservation overlay districts. C. The Department shall inspect or cause to be inspected every mural in the City. The Director shall require the maintenance, repair, removal, or covering with opaque paint or other appropriate material, of any mural which is found to have been displayed in violation of this article, including any mural which is: 1. Not maintained, faded, or in disrepair; 2. Not securely affixed to a substantial structure; 3. Creating a dangerous or unsafe condition for cyclists, pedestrians, or motorists.; 4. Not in conformance with this article. D. An order to maintain, remove, repair, or cover a mural may be appealed to the Board of Adjustment, pursuant to subsection 35-100 of the Jefferson City Code, who shall schedule a hearing on the matter. Sec. 3-38. – Violations and penalties. A. In case any mural is erected, constructed, reconstructed, altered, converted, or maintained in violation of this chapter or other regulations made under the authority conferred hereby, the Director or designee shall institute proper action or proceedings to: 1. Such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; 2. Restrain, correct, or abate such violation; or, 3. Prevent any such illegal act, conduct, or use. It shall be the duty of the Director to afford the offending party notice of the specific complaint by United States Mail, giving said person ten days notice of the violation(s) or anticipated violation(s) and order the correction of the violation. B. Appeal of decisions of the Director. Where it is alleged there is an error in any order, requirement, decision, or determination made by the Director, any aggrieved person may appeal the order, requirement, decision, or determination to the Board of Adjustment in accordance with the provisions of section 35-100 of the Jefferson City Code. C. The City has the right to remove any non -compliant mural. If the Director shall find that any mural is unsafe or insecure, is a menace to the public, is abandoned or maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation ofthe provisions of the chapter, written notice must be given to the organization or property owner thereof. If the organization or property owner fails to remove or alter the mural so as to comply with the standards herein set forth within a reasonable time specified in such notice,such mural may be removed or altered to comply. Any expense incidental to such removal oralteration shall be charged to the owner of the property upon which the mural is located andshall constitute a lien upon the property. D. The owner of a building or premises where a violation of any provision of this chapter has been committed or shall exist, or the mural artists, organization, or any other person who commits, takes part, or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be deemed guilty of a misdemeanor, punishable by a fine of not less than $10.00 and not more than $100.00 for each and every day that said violation continuesafter due notice as provided herein, but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than $100.00 nor more than $250.00 for each and every day that such violation shall continue. Any person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten days after such service or shall continue to violate any provision of the regulations made under authority of this chapterin the respect named in such order, shall also be subject to an additional penalty of $250.00. E. Nothing contained herein shall prevent the city from taking such other lawful actions as may be necessary to prevent or remedy any violation. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed: duu'u (o, 222 Ciotiv,\ Presiding Officer ATTEST: Approved: aO al -Z 0—AAAAT Mayor Carrie Tergin ("fr\ APPROVED AS TO FORM: Scriveners Note: Inserted text shown as thus. Deleted text shown as thus.