[Adopted 7-12-2022 by Ord. No. 1733-2022[1]]
[1]
Editor's Note: This ordinance repealed former Ch. 07, Open Burning and Recreational Fires.
A. 
The City of Onalaska recognizes the value of art in promoting civic pride, attracting visitors, developing vibrant spaces within the City and showcasing the City's culture and history. The City seeks to encourage the installation and maintenance of high-quality public artwork by establishing regulations for the location, design and maintenance of temporary and permanent artworks throughout the City. Murals will be created by artists of diverse cultural traditions and backgrounds. The intent of this division is to aid artists and others in understanding issues surrounding the creation of a mural and to apprise parties involved in mural projects of the permit process.
A. 
Permit required. No person shall place a mural on any property unless the express permission of the owner or operator of the property has been obtained and a mural permit has been issued from the Planning Department as provided herein. A mural is considered a semipermanent hand-produced or machined graphic applied or affixed to the exterior of a building wall through the application of paint, canvas, tile, weather-treated wood, metal panels, applied sheet graphic or other medium generally so that the wall becomes the background surface or platform for the graphic, generally for the purpose of decoration or artistic expression, including, but not limited to, painting fresco, etching or mosaic greater than 24 square feet in size.
B. 
Permit application.
1. 
Applicants for a mural permit must complete and return an application form furnished by the Planning Department. At the time the application is submitted, a fee shall be paid as set forth on the City of Onalaska Fee Schedule, which shall be reviewed annually.
2. 
All mural permit applications shall contain, but not be limited to, the following information:
a. 
A plan showing the existing lot and building dimensions and indicating the proposed location of the mural, along with a picture of the existing building.
b. 
Colored drawing/image of the proposed mural.
c. 
A description of the proposed maintenance schedule that includes a time frame for the life of the mural and method for removal, if applicable.
d. 
Written permission from the owner of the building to which the mural is intended to be applied, if the applicant is not the building owner.
e. 
An acknowledgement that the mural must be removed or covered if so ordered by the Planning/Inspection Department for failure to maintain the mural or for the mural reaching a state of dilapidation.
3. 
A mural permit application for a mural which will be created on a medium that is not the building (i.e., painted on wood panels, metal, etc.) that will be attached to the building through an installation (including but not limited to adhesive, bolts, nails, screws, or other types of materials) must provide the following:
a. 
Written confirmation by the mural provider/installer that the structural integrity of the building wall will not be impaired that the mural is to be applied or affixed to.
b. 
Information related to the design and materials used to adhere the mural to the building. The design, quality, material and loads shall conform to the requirements of Title 15, Building Code, as amended. If required by the Mural Review Team, engineering data shall be supplied on plans submitted certified by a duly licensed structural engineer. Any plan revisions shall be supplied with a revision number and date.
4. 
Mural design standards.
a. 
Murals must further the following City goals:
i. 
Enrich the public environment for residents and visitors through the incorporation of the visual arts;
ii. 
Increase the livability and artistic richness of the community;
iii. 
Increase public access to the arts; and
iv. 
Promote diversity in public art and reflect a wide range of cultural expression.
b. 
Artistic consideration includes but is not limited to:
i. 
Demonstrated strength of concept, execution and originality;
ii. 
Size of the mural is appropriate to the building size and surroundings; and
iii. 
Content will be judged first on community-wide relevance, historic value and artistic merit. Content exhibiting short-term relevance, including political campaigning or most forms of advertising, will not be considered. Advertising specific to the history or community importance of the building where the mural is proposed, which meets the above-stated criteria, may be considered.
c. 
Explanatory wording relative to the mural may be incorporated into the mural. Artistic signatures are allowed up to a maximum of two square feet in size.
d. 
The location and scale of the mural is in keeping with and will enhance the structure on which it is located.
e. 
The proposed mural is well integrated with the building's facade and other elements of the property and enhances the architecture or aesthetics of the structure and/or wall.
f. 
The proposed mural, by its design, construction, and location, will not have a substantial adverse effect on the abutting property or the permitted uses thereof.
g. 
The proposed mural is not detrimental to the public health, safety or welfare.
h. 
The proposed mural will not have a detrimental effect on the structural integrity of the wall on which it is applied/affixed.
i. 
The maintenance schedule is reasonable for the mural and the structure on which it is applied/affixed.
j. 
Murals that project from the wall surface, except for the minimum necessary protrusion to mount the mural to the wall or structure.
k. 
The mural shall not be painted directly onto brick, but may be attached by using an alternate medium (i.e., canvas, tile, metal panels, weather-treated wood, or similar materials with an approved attachment method) or may be otherwise applied by methods that will not cause damage to the structural integrity of the wall surface, including brick. New materials such as applied sheet graphics and appliques that can be removed readily from brick may be utilized. Other new materials can be utilized, provided they are found to be nondetrimental to the surface on which applied.
5. 
Application to be reviewed for compliance with the mural design standards above and prohibited mural content (Section 7.07.13.A) by the Mural Review Team, which shall include members of the Planning, Inspection, Attorney and the Parks and Recreation Departments as applicable within 30 days of a submitted, complete application.
C. 
Permit issuance. Provided the mural permit meets the technical and aesthetic standards of this chapter, the Planning Department may approve and issue the mural permit. The mural permit will be valid for the specific design and one-time production of the presented mural. Any changes must be resubmitted to the Planning Department for review by the Mural Review Team. The mural permit is revocable by the Planning Department if it is determined any time that the mural being installed does not comply with the information provided within the application.
D. 
Permit expiration. The construction timeline for an issued mural permit is valid for one year. If the approved mural has not been installed within one year of permit issuance, the mural permit shall expire. Further, if construction of the mural permit has not commenced within 180 days of permit issuance, the mural permit shall expire. The mural permit shall also expire if it has been determined that the work authorized by the permit has been suspended, discontinued or abandoned for a continuous work permit of 180 days.
E. 
Special exception. Special exceptions to these mural regulations may be requested by completing a special exception application furnished by the Planning Department and returned to the Planning Department. At the time the application is submitted, a fee shall be paid as set forth on the City of Onalaska Fee Schedule, which shall be reviewed annually. The Plan Commission will consider the special exception request and make a determination to approve or deny the special exception and mural permit. If denied, an applicant may appeal to the Common Council to approve the special exception and mural permit.
A. 
Prohibited mural content. Murals are hereby prohibited from containing the following:
1. 
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;
2. 
Murals which contain material that when taken as a whole:
a. 
Applying contemporary community standards, its predominant appeal is to a morbid, degrading, or excessive interest in sexual matters;
b. 
The average person would find the material depicts or 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. 
Murals that are directed or may appear to direct to persons to incite or produce imminent lawless action and are likely to incite or produce such action.
4. 
Murals that convey threats of violence that are directed at a person or group of persons that have the intent of placing the target at risk of bodily harm.
5. 
Murals where the intended audience is commercial or actual/potential consumers and where the content of the mural is commercial in character, therefore becoming a sign. A mural is not considered a sign and signs are regulated through Title 14, Sign Code.
B. 
Mural placement.
1. 
Murals are allowed in all commercial, industrial, public and semipublic and mixed-use zoning districts as identified in Title 13, Unified Development Code. Murals shall not be allowed in strictly residential zoning districts.
2. 
Murals are not permitted on the primary facade of a building. The primary facade is defined, for the purposes of this chapter, as the building elevation which directly faces an adjacent street right-of-way and is the primary customer entrance.
C. 
Mural installation and maintenance standards.
1. 
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, a structure that has been locally, state, or federally designated as historic, or has been deemed eligible for future inclusion as historic structure. These treatments and similar can cause damage to historic building materials and shall not be used.
2. 
It shall be the responsibility of the property owner upon which the mural is placed to maintain the appearance of the mural. A mural that is permitted to remain in a condition of disrepair shall constitute a public nuisance as defined in Chapter 2, Public Nuisances, of Title 12.
3. 
A mural's display surface shall be kept clean and neatly painted/maintained and free of corrosion and kept in good condition for the life of mural according to the maintenance schedule and responsibilities approved by the Planning Department and incorporated into the mural permit. A mural shall be deemed to be in a state of disrepair when 25% or more of the display surface area contains peeling or flaking paint, or is otherwise not preserved in the manner in which it was originally created.
4. 
Any mural that is not maintained according to the maintenance schedule incorporated into the mural permit or that falls into a state of disrepair may be ordered removed or covered with opaque paint, similar to the primary building materials/colors or other appropriate material by the Inspection Department all in the manner provided for in the mural permit. Murals subject to removal shall be provided a time limit of 30 days from the date of the written notice for such removal or covering. Additional time may be authorized by the Inspection Department for good cause or efforts to restore and/or preserve the mural to its original form.
A. 
The following definitions shall be applicable in this division:
FIRE PIT
Includes both a below-ground pit and a portable device intended to contain and control outdoor wood fires.
OPEN BURNING
Outdoor burning in an unconfined area, container or pile.
PORTABLE FIRE DEVICE
Devices commercially designed and intended to contain and control outdoor wood fires.
PRESCRIBED BURNING
Burning activities conducted to maintain the integrity of fire-dependent environments by reducing invasive plant species, stimulating wildflowers and grasses, controlling brush and improving habitat for local wildlife.
RECREATIONAL FIRE
A small, outdoor fire intended for recreation or cooking in an approved, self-enclosing portable device or noncombustible structure.
A. 
It is the intent of this chapter to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the City of Onalaska due to the air pollution and fire hazards of open burning and recreational fires, provided said burning is in strict compliance with restrictions relating to recreational fires. It is further the intent of the City that the Fire Department shall strictly enforce these restrictions to ensure that such fires do not compromise safety nor annoy neighbors. Such enforcement shall require an investigation into any complaint and an independent determination by the Fire Department as to whether a particular recreational fire is in compliance with these regulations.
B. 
Exceptions.
1. 
Recreational fire permits are not required for the following activities, including but not limited to: outdoor cooking over a fire contained in a device or structure designed for such use and propane-fueled/charcoal/natural gas devices (fire tables, grills, heat lamps, or similar heating devices).
2. 
Religious institutions holding bonfire/campfire burning events as approved by the Fire Chief.
A. 
Permit required. No person shall conduct open burning or cause a controlled burn in the City of Onalaska without first having obtained an open burning permit.
B. 
Permit application. Applicants for an open burning permit must complete and return an application form furnished by the office of the City Clerk. At the time the application is submitted, a fee shall be paid as set forth on the City of Onalaska Fee Schedule, which shall be reviewed annually. The permit shall be valid for 30 days. The property owner requesting permission to open/control burn shall produce evidence of property damage and liability insurance identifying the City as a party insured. A minimum amount of acceptable insurance shall be $300,000.
C. 
Issuance. The Fire Chief shall review the open burning permit application against the established written list of requirements for open/controlled burning to ensure public safety. The City Clerk shall issue the permit upon approval of the application by the Fire Chief and upon the payment of the fee.
D. 
Penalty. Any person violating any provision of this section or any rule or regulation made hereunder may be subject to penalties as provided in Section 1.01.17 of the Code of Ordinances.
A. 
Adequate fire suppression equipment shall be immediately available to control or extinguish an open burn.
B. 
Open burning shall be conducted only on the property on which the materials were generated or at a facility approved by and in accordance with provisions established by the Department of Natural Resources and the Fire Chief.
C. 
Fires set for forest, prairie or wildlife habitat management are allowed with the approval of the Department of Natural Resources.
D. 
All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions are such as to minimize adverse effects and not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.
E. 
Open burning under this section shall only be conducted at a location at 250 feet from the nearest structure which is not on the same property.
F. 
No open burning may be conducted on days when the Department of Natural Resources has declared an air quality watch or air quality advisory for ozone or fine particle pollution applicable to the City of Onalaska.
G. 
Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
H. 
Fire Department practice burns. The Onalaska Fire Department may conduct open burning if necessary for firefighting practice, and no permits are required for such activities.
A. 
Permit required. No person shall start a recreational fire in the City of Onalaska without first having obtained a recreational fire permit.
B. 
Permit application. Applicants for a recreational fire permit must complete and return an application form furnished by the office of the City Clerk. At the time the application is submitted, a fee shall be paid as set forth on the City of Onalaska Fee Schedule, which shall be reviewed annually. The recreational fire permit is valid for two calendar years. In the event the applicant is a renter or lessee of the subject property, the applicant shall provide written documentation from the property owner giving permission for recreational fires at that property.
C. 
Issuance. The City Clerk shall issue the permit upon approval of the application by the Fire Chief and upon the payment of the fee.
D. 
Suspension and/or revocation of permit. The Fire Chief or authorized representative, upon conducting an investigation, may suspend or revoke the recreational burn permit if a violation of this section occurs by the permit holder, or other person burning a recreational fire on a property which is the subject of a permit.
E. 
Penalty. Any person violating any provision of this section or any rule or regulation made hereunder may be subject to penalties as provided in Section 1.01.17 of the Code of Ordinances.
A. 
Recreational fires may occur from 7:00 a.m. to 12:00 midnight. No person shall maintain a fire for more than four continuous hours per day.
B. 
Recreational fires shall be located a minimum of 15 feet from all buildings, structures, fences, combustible materials, and parcel lines.
C. 
All recreational fires shall have a lid and/or ember screen while the fire is active.
D. 
No recreational fire may be started or allowed to continue burning unless such recreational fire is contained in a portable fire device or fire pit.
E. 
All recreational fire pits shall have a diameter of no more than three feet.
F. 
Portable fire pits may be used in accordance with the manufacturer's specifications and must be placed upon a noncombustible surface which extends beyond the boundary of the portable fire pit.
G. 
No person may use a portable fire device above the ground floor of a multifamily dwelling, bed-and-breakfast establishment, hotel or similar use, or a commercial/industrial facility.
H. 
Only clean, dry wood or untreated and unpainted lumber shall be burned. Materials for fire shall not include rubbish, garbage, recyclable items, material made of or coated with rubber, plastic, leather or petroleum-based materials, or contain any flammable or combustible liquids. In the event nonapproved materials are being burned, the Fire Department may respond and extinguish the fire.
I. 
Adequate fire suppression equipment shall be immediately available to control or extinguish a recreational fire.
J. 
All recreational fires shall be attended at all times by at least one responsible person 18 years of age or older from the ignition of the fire until the fire is completely extinguished.
K. 
Smoke from any recreational fire shall not create a nuisance for neighboring property owners. The fire shall be extinguished immediately upon the complaint of a neighboring property owner in regard to nuisance smoke.
L. 
The Fire Chief or authorized representative may temporarily declare a City-wide ban on all recreational fires when the Wisconsin Department of Natural Resources has designated or declared a fire danger of high, very high, or extreme for the area which includes City limits.
M. 
No recreational fire shall be started or allowed to continue burning when the wind direction or speed will cause smoke, embers, or other burning materials to be carried by wind toward other combustible materials. No recreational fires are allowed when wind speed is greater than 10 miles per hour.
N. 
The property owner and/or person who started a recreational fire shall hold the City of Onalaska harmless from any and all damages caused by a recreational fire. A person maintaining a recreational fire shall be responsible for all suppression costs and any liability resulting from damage caused by said fire.