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HomeMy WebLinkAbout6243 ORDINANCE NO. 6 2 4 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER 2.85 OF THE AUBURN CITY CODE RELATING TO PUBLIC ART WHEREAS, with reference to Chapter 18.29 of the Auburn City Code (ACC), the DUC, Downtown Urban Center District, Subsection 18.29.040 (H), the City Code states as follows: "Any form of painting, mural, mosaic, sculpture, or other work of art, so long as it can be appraised as a work of art and its value as such is documented, displayed on the exterior of a building, at or near the pedestrian entrance, or in a public plaza, and visible to users of the public right of way at all times." WHEREAS, with reference to Chapter 18.28 ACC, the C-2, Central Business District, Subsection 18.28.050.F.3.e states as follows: "If a building has more than finro street frontages then at least finro of the frontages shall comply with subsections (F)(3)(b) and (F)(3)(g) and contain pedestrian amenities befinreen the building and the right of way. Any remaining frontages shall either have pedestrian amenities, windows, murals, flat surfaced art work or other similar architectural features that would avoid large blank walls." WHEREAS, the City Council wishes to encourage privately sponsored art throughout the City, especially in the Downtown Urban Center, and WHEREAS, the City Council wishes to promote and maintain a high level of aesthetics in all artworks, both publicly sponsored and privately sponsored, within the City, and WHEREAS, pursuant to Chapter 2.84 ACC, the City of Auburn Arts Commission, appointed by the Mayor and confirmed by the City Council, is empowered to initiate, sponsor and conduct programs calculated to further public awareness of and interest in Ordinance No. 6243 May 18, 2009 Page 1 the visual, cultural, and performing arts, and in this regard, has expertise and specific knowledge regarding artworks that are already in place in Auburn, and WHEREAS, the City of Auburn Arts Commission wishes to offer non-binding advice to private parties who are proposing to display artwork within the City in order to help ensure that artworks are appropriate and of high quality, and WHEREAS, the City of Auburn Arts Commission is the recognized advisory body to the City Council and to the Mayor regarding all City sponsored artwork and also acceptance by the City of artwork gifts, and WHEREAS, the City Planning Department is also responsible for enforcing the requirements the City's Sign code, which could implicate private artworks and wall murals, and WHEREAS, the City Planning Department is also responsible for abating public nuisances, which could also implicate private artworks and wall murals if not maintained. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. CREATION OF NEW CHAPTER TO CITY CODE. That a new Chapter 2.85 of the Auburn City Code - regarding Public Art, be, and the same is hereby created to read as follows: Chapter 2.85 Public Art Sections: 2.85.010 Intent and purpose. 2.85.020 Administrative Provisions. 2.85.030 Compliance with other codes and laws. Ordinance No. 6243 May 18, 2009 Page 2 2.85.010 Intent and purpose. The A. The overall purpose of this Chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the city. B. This Chapter is intended to promote a positive visual display of businesses and structures within the City so as to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city's overall appearance, and to prevent and abate public nuisances. C. This Chapter is also intended to establish a mechanism for giving suggestions and advice from City Planning staff and the City's Arts Commission to private parties, regarding the construction, location, use and maintenance of all privately sponsored art that is visible from the public right of way. D. This Chapter is also intended to ensure compliance with ACC 18.56, Signs, ACC 18.29, DUC, Downtown Urban Center District, and ACC 18.28, C-2, Central Business District, without unduly burdening commercial speech. 2.85.020 Administrative Provisions. A. All persons proposing to display artwork, especially wall murals, that will be visible from the public right of way, are requested and encouraged to contact the City Planning Department, and requested to provide the department with a high quality representation of the artwork. The Planning Department shall determine whether the proposed artwork constitutes a sign as defined in ACC 18.56, in which case, t he permitting provisions of ACC 18.56 shall apply. If the Planning Department determines that the proposed artwork does not constitute a sign as defined in ACC 18.56, then the Planning Department staff shall promote and encourage following the provisions of this Chapter as follows: 1. The proponent is encouraged to consult with the City Cultural Arts Department and the City of Auburn Arts Commission to ensure that its proposed ariwork will not pose problems in being integrated into the artistic fabric of Auburn. 2. The proponent is encouraged to take steps to provide for on-going maintenance of the artwork, to avoid degradation, and to avoid the artwork from falling into a state of dilapidation and/or becoming a public nuisance. 3. The proponent is encouraged to take steps to provide that any subsequent modification to the artwork is addressed, to ensure continued compliance with the City Sign Code, and to promote continued appropriate aesthetics. B. All persons wishing to make a gift of artwork to the City shall consult with the City Cultural Arts Department and the City of Auburn Arts Commission to seek the City's acceptance of it. The City of Auburn Arts Commission will advise the City Council on whether the gift is appropriate for the City to own and whether there should be any conditions or requirements applied to such arlwork, such as location and maintenance of the artwork, if it is approved for acceptance. The final decision on such recommendations shall be by the City Council. Ordinance No. 6243 May 18, 2009 Page 3 2.85.030 Compliance with other codes and laws. Nothing in this Chapter authorizes the installation, establishment or use of a sign, mural or artwork that is in violation of City Codes, or state or federal law. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 3. Severability. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 4. Effective date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: MAY 19 2009 PASSED: MAY 18 2009 APPROVED: MAY 18 2009 ~ ATTEST: ~ PETER B. LEWIS MAYOR Da ' Ile E. Daskam, City Clerk APP VED TO FORM: ~ 2 City Attorney PUBLISHED:`~~I ' Ordinance No. 6243 May 18, 2009 Page 4 CITY OF AliBURN Peter B. Lewis, Mayor WAS H I N GTO N 25 West Main Street * Auburn WA 98001-4998 * www.aubumwa.gov * 253-931-3000 STATE OF WASHINGTON ) )ss. COUNTIES OF KING AND PIERCE ) I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the counties of King and Pierce, State of Washington, certify as follows: 1. The foregoing is a full, true and correct copy of Ordinance No. 6243 (the "Ordinance") duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 18th day of May, 2009, as that ordinance appears on the minute book of the City. 2. Ordinance No. 6243 was published as provided by law in the Seattle Times, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 21 st day of May, 2009. Witness my hand and the official seal of the City of Auburn, this 29th day of June, 2009. anielle Daskam, City Clerk City of Auburn AUBURN * MORE THAN YOU IMAGINED