[Adopted 7-12-2022 by Ord. No. 1733-2022]
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.
[Amended 5-14-2024 by Ord. No. 1788-2024]
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 Division 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. Prohibition. No person shall conduct open burning or
cause a controlled burn in the City of Onalaska.
B. Fire Department practice burns. The Onalaska Fire Department
may conduct open burning if necessary for fire-fighting 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.
A. Recreational fires shall be located a minimum of 15 feet from all
buildings, structures, fences, combustible materials, and parcel lines.
B. All recreational fires shall have a lid and/or ember screen while
fire is active.
C. 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.
D. All recreational fire pits shall have a diameter of no more than
three feet.
E. Portable fire pits may be used in accordance with the manufacturer's
specifications and must be placed upon a noncombustible surface which
extend beyond the boundary of the portable fire pit.
F. 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.
G. 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.
H. Adequate fire-suppression equipment shall be immediately available
to control or extinguish a recreational fire.
I. 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.
J. Smoke from any recreational fire shall not create a nuisance for
neighboring property owners. Smoke complaints as a result of a recreational
fire may be grounds for extinguishment. Extinguishment shall be determined
at the discretion of the ranking member of the Onalaska Fire Department
on scene.
K. The Fire Chief or authorized representative may temporarily declare
a citywide 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.
L. 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.
M. 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.
A. Penalty. Any person violating any provision of this division or any rule or regulation made hereunder may be subject to penalties as provided in Section
1.01.17 of the Code of Ordinances.