09/08/1980 Meeting - Laserfiche WebLink

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On July 7, 1980, the Planning Commission unanimously recommended approval. Planning Commission President Robert Barkman is also available to answer questions. e Jerry Jacobson, Planning, distributed photographs of murals. He stated that the purpose is to establish City policy for wall murals. Those determined to be used for advertising purposes will be subject to the sign codes, Judgmental decisions have been made in the past for when a mural becomes a sign. The objectives are to assist the public, the mural owners, and the painters by providing definite guidelines before the signs go up and to establish maintenance procedures. Adrienne Lannom, Planning Commission, provided an alternative defini- tion of a mural, which was forwarded to the City Attorney's Office. The City Attorney's Office found Ms. Lannom's definition unacceptable and changed it somewhat so as to more clearly define a mural yet retain her intent. Her definition is a more lenient one than the staff definition, Ms. Lannom's definition would state that a mural would only be considered a sign if it intended to achieve the purpose of advertising by the use of lettering or script drawing attention or directing the observer to a particular business or location, drawing attention to specific products, goods, or services by the use of a name brand, trademark, copyright, or any device which restricts free use or reproduction by others without permission or remuneration of the owner. Mr. Hamel noted that in the pictures that had been distributed, he did not see any advertising. Mr. Jacobson responded that there is nothing wrong with these being considered murals. Mr. Hamel asked if the e proposed ordinance is to prevent signs masquerading as murals. Mr. Jacobson responded that that was correct. Mr. Obie asked where the problems were and what has happened to require consideration of this ordinance. Mr. Reed stated that one example would be a business that places a graphic representation on the side of its building which indicates what the activity business within the building,is. Th~ Sign Code states that a sign is something that draws attention to the service or product within the building and the staff must determine if the mural meets that definition, Staff would prefer to deal with the public prior to placement, rather than after the fact, which is what they have to do under the current Sign Code. This ordinance would clarify that situation prior to placement. Mr. Obie asked for specific instances. Ms. McDonald stated that there have been a couple of murals placed which were determined to be signs. These were appealed to the Sign Code Board of Appeals and finally to the council. Staff currently cannot require people to submit drawings of proposed murals prior to placement. Mr. Obie asked if the graphic on the side of the Toy Shoppe is a mural or a sign. Ms, McDonald responded that it is a mural, Staff forwarded this situation to the Attorney's Office for a determination and it was . 9/8/80--4