Chapter 14.08


14.08.010    Purpose.

14.08.020    Definitions.

14.08.030    Permit required.

14.08.040    Procedure.

14.08.050    Approval criteria.

14.08.060    Installation and construction.

14.08.070    Maintenance.

14.08.080    Violation and enforcement.

14.08.010 Purpose.

This chapter enacts a process and procedure for the installation of murals on private and public property. Mural regulations shall promote public safety and welfare by ensuring that the following objectives are achieved:

A. The design, construction, installation, repair, and maintenance of such displays will not interfere with traffic safety or otherwise endanger public safety;

B. The regulations will provide reasonable protection to the visual environment by controlling the size, height, spacing, and locations of such displays;

C. The regulations will not permit commercial advertising in order to prevent the proliferation of signage; and

D. The public will enjoy the aesthetic benefits of displays in numbers and sizes that are reasonably and appropriately regulated. (Ord. 1570 § 2, 2015)

14.08.020 Definitions.

The terms set out in FHMC 14.04.020 shall have the meanings indicated and intent for the purposes of this chapter. (Ord. 1570 § 2, 2015)

14.08.030 Permit required.

It is unlawful for any person, firm, or corporation to erect, construct, maintain, move, alter, change, place, suspend, or attach any mural within the town without first obtaining a permit, except that those in utility, public service and residential zoning located outside the historical preservation overlay district as defined in FHMC Title 17 are not required to obtain a mural permit. (Ord. 1570 § 2, 2015)

14.08.040 Procedure.

A. An application for a mural permit shall be submitted to the land use administrator to be reviewed for compliance with this chapter. The application shall include:

1. Applicable fees set forth in the adopted town fee schedule;

2. Maintenance plan in accordance with the requirements set forth in FHMC 14.08.070; and

3. Signature by the owner of the property upon which the mural will be located.

B. Applications for a mural permit shall contain such information as the land use administrator shall reasonably require, including but not limited to:

1. Scaled, color illustration of the proposed mural with a description of the materials and their locations designated on the mural drawing;

2. Photographs of the proposed location of the mural;

3. Photographs of the streetscape representing the proposed mural superimposed to scale to show the relationship to the immediate streetscape;

4. Written explanation of imagery concept(s), including but not limited to:

a. Description of how the artwork enhances the aesthetic experience within the town through scale, color, material, and texture;

b. Description of how the mural portrays historical, environmental, geographical or cultural features of the town of Friday Harbor or the proposed site, as well as the mural’s relationship to the existing architecture, natural geography and cultural landscape of the site;

5. Written explanation of the wall surface and cladding, its suitability to receive the proposed materials, and the potential impact to historic materials, where relevant;

6. Written explanation of the estimated life expectancy for the materials used; and

7. Artist’s portfolio of mural work, including but not limited to examples of prior projects comparable to the proposed mural design.

C. Within 10 business days of submitting an application for a mural permit, the applicant shall send notice of such application to all property owners of record within 300 feet of the location of the proposed mural. No mural shall be permitted until the applicant submits an affidavit to the town that notification has been completed. Notice shall be in a form to be approved by the land use administrator.

D. All applications for murals to be located within the historic preservation overlay district shall be submitted by the land use administrator to the historic preservation review board (HPRB) to review for consistency with their policies and goals and the criteria in FHMC 14.08.050. Murals proposed for structure(s) protected by historic preservation restrictive covenants shall be reviewed by the HPRB on a case by case basis for appropriateness determined by the impact on the historic structure and surrounding streetscape.

E. All applications for murals shall be submitted by the land use administrator to the Friday Harbor arts commission (FHAC) to provide comment where relevant on whether the proposed mural meets the criteria in FHMC 14.08.050. The FHAC shall conduct a public hearing on every mural proposed to be placed on public property.

F. The land use administrator shall prepare and forward to the town council a staff report summarizing the relevant facts pertaining to the application, property, structure, streetscape or neighborhood; outlining the applicable code; setting forth comments from adjacent property owners, HPRB and FHAC; and containing a recommendation for action by the council. Town council shall then make a final determination as to whether to approve, modify or deny the application.

G. An appeal of the council’s decision on the application for a mural permit(s) shall be under the State Land Use Petition Act (LUPA). (Ord. 1570 § 2, 2015)

14.08.050 Approval criteria.

Murals shall substantially comply with all of the criteria and requirements provided below:

A. No part of a mural shall exceed the height of the structure to which it is tiled, painted or affixed.

B. No part of a mural shall extend more than six inches from the plane of the wall upon which it is tiled, painted or affixed.

C. No part of the mural shall contain logos, slogans or advertising messages of any kind.

D. No signs containing logos, slogans or advertising messages as permitted by Chapter 14.04 FHMC shall be affixed in, on or abutting the mural surface area.

E. No mural shall consist of or contain electrical or mechanical components or changing images, including but not limited to moving structural elements, flashing or sequential lights or other automated methods that result in movement, the appearance of movement or changing of mural image or message.

F. No mural shall be arranged or permanently illuminated in a manner that will produce light intensity of greater than three “foot-candles above ambient lighting.” Lighted murals visible from nearby residences shall have reasonably soft illumination or be shielded in such a way to prevent undue brightness or glare. The light directed on any mural shall be shaded, shielded or directed to reduce glare and adverse effects upon drivers or pedestrians in an unreasonable degree. Illumination shall be turned off and back on not more than once every 24 hours.

G. All mural(s) shall be compatible with the existing architecture and area surrounding the proposed site and shall not obstruct or obscure the significant architectural elements of historic structures and sites.

H. All mural(s) shall have a wall surface suitable to receive the materials proposed. The proposed materials shall not cause unreasonable permanent damage to historic cladding and should be appropriate for long-term use on the wall surface.

I. All mural(s) shall enhance the aesthetic experience within the town through scale, color, material, and texture.

J. All mural(s) shall directly or indirectly portray, through artistic expression, the natural environment, historical, environmental and/or cultural features of the town or proposed site. (Ord. 1570 § 2, 2015)

14.08.060 Installation and construction.

Any mural, as constructed or created, shall not substantially deviate from the design as approved under this chapter.

A. Mural(s) shall be completed within 12 months of approval of the mural permit.

B. Owner(s) of the property on which a mural is permitted shall preserve the integrity of the property by limiting repairs, modification, and renovation without prior authorization by the town or a waiver thereof.

C. Owner(s) of the property on which a mural is permitted previously encumbered with historic preservation covenants shall amend the structure’s existing historic preservation covenant to include the relevant details and installation of the mural. The amended covenant agreement shall provide that the mural will be installed and maintained at all times in full compliance with this chapter and remain in force for a minimum of two years or as long as the mural exists. (Ord. 1570 § 2, 2015)

14.08.070 Maintenance.

Mural(s) shall be in good repair. The ultimate liability and responsibility for all murals rest with the applicant and property owner. Those parties shall be responsible to see that the mural is in compliance with this chapter and has received a valid mural permit. If the town finds that any such mural regulated by this chapter is in disrepair, the mural owners shall be given written notice for correction and/or violation.

A. If the mural owners fail to repair the mural within 60 days after notice, that mural may be removed at the expense of the property owner and the permit for the mural shall be terminated.

B. If the property owner removes the mural they shall restore the structure to a condition consistent with the remainder of the structure. (Ord. 1570 § 2, 2015)

14.08.080 Violation and enforcement.

The first violation of any provision of this chapter is a Class 4 civil infraction. A second violation by the same person within a one-year period is a Class 3 civil infraction with a third or subsequent violation of any provision by the same person within a one-year period constituting a Class 1 civil infraction. (Ord. 1570 § 2, 2015)