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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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;
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.