PUBLICNOTICE City of Lockhart  Historical Preservation Commission 5:30 p.m. Wednesday, August 17, 2022 Municipal Building - Glosserman Room 308 West San Antonio Street  AGENDA  1. Call meeting to order.  2. Citizen comments not related to an agenda item. 3. Consider the minutes oft the. July 6, 2022 meeting.  4. Presentation and discussion regarding potential mural regulation standards and guidelines. 5. Continue discussion on the potential development of City-designated Historic Landmark placards 6. Discuss the date and agenda of the next meeting, including Commission requests for agenda items.  for placement on identified Historic Landmark structures.  7. Adjournment.  Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street,  Lockhart, Texas at 1:00 p.m. on the 10th day of August, 2022.    City of Lockhart July 06, 2022 MINUTES  Historical Preservation Commission  Members Present: Christine Ohlendorf, Ronda Reagan, Michel Royal, Ray Ramsey  Members Absent: Ron Faulstich, John Lairsen Staff Present: Yvette Aguado, Kevin Waller  Public Present: Allison Geneser (Applicant, Agenda Item 4), Sally Daniel 1. Callr meeting to order. Chair Reagan called the meeting to order at! 5:31 p.m.  2. Citizen comments not related to an agenda item. None 3. Consider the minutes of the June 1, 2022, Meeting. seconded, and the motion passed by a vote of4-0.  Commissioner Ramsey moved to approve the minutes as presented. Commissioner Royal 4. CFA-22-13. Consider a request by Allison Geneser and Erika Jane Kottwitz for approval of a Certificate for Alteration for a wall mural on parts of Lots 4 and 5, Block 23, Original Townof Lockhart, zoned CCB (Commercial Central Business District) and located at Planning Staff Kevin Waller reported that the applicant proposes a mural to be painted on the south wall of the Stampworthy Goods business establishment, which faces an alley along the south side of the building. The mural will be located at the southeast corner oft the building ona previously painted wall, and will be visible to pedestrian and vehicular traffic along North Commerce and East San Antonio Streets. Measuring 10 feet wide by 16 feet tall, or 160 square feet, the mural will be in stylized lettering, as depicted in the lustrations provided with the agenda packet. Mr. Waller utilized a PowerPoint presentation, answered Commissioners' Applicant Allison Geneser, 708 W. Prairie Lea St., came forward and shared her thoughts on the Sally Daniel, 113 E. San Antonio St., Chair for the Keep Lockhart Beautiful Board and Lockhart Downtown Business Association, came forward to share those organizations' support for the Discussion ensued amongst Commissioners regarding whether the mural should be approved, or ifreview guidelines should first be established and the mural considered: ata a future meeting.  115 North Commerce Street, Suite 100.  questions, and stated that Staff recommends approval. proposal, and answered Commissioners' questions.  project, and responded to questions and discussion with the Commission.  -1-  Historical Preservation Commission Meeting 7-06-2022    Commissioner Ohlendorf moved to table CFA-22-13 until mural review guidelines are established. 5. Discuss the date and agenda of the next meeting, including Commission requests for agenda Mr. Waller stated that since no applications had been submitted by the deadline for the July 20 meeting, the next regularlyscheduled meeting would be held August 3, 2022.  Commissioner Ramsey seconded, and the motion, passed by a vote of4-0.  items.  , Adjournment.  Chair Reagan moved to adjourn the meeting, and Commissioner Royal seconded. The motion  passed by a vote of4-0, and the meeting adjourned at 6:01 p.m.  Approved:  (date)  Yvette Aguado, Recording Secretary  Rondal Reagan, Chair  -2-  Historical Preservation Commission Meeting 7-06-2022    CITY OF  (512) 398-3461 . FAX (512) 398-5103 P.O. Box 239 . Lockhart, Texas 78644 308 West San Antonio Street  Lockhart TO: Historical Preservation Commission FROM: David Fowler, Senior Planner DATE: August 10, 2022  TEXAS  SUBJECT: Potential ordinance language regulating murals in the Historical District  At the Historical Preservation Commission meeting held July 6, 2022, an application for a Certificate of Alteration for a mural at 115 North Commerce Street was tabled due to a perceived need for guidelines Since the. July 6 meeting, City Attorney Monte. Akers gave a presentation regarding the legal environment facing the regulation of murals at the City Council meeting held July 19. Mr. Akers mostly covered the limits of city mural regulation, but did not offer suggestions regardingspadhicordimance. language. Council Several members ofthe Commission provided testimony at the Council meeting or have spoken with staff since the. July 6th HPC meeting. Some of the issues mentioned regarding murals have included:  for murals in the historical district.  directed city staff and LHPC to develop mural guidelines.  The desire for murals to represent to culture and history of Lockhart in an accurate manner  Restriction of commercial messages on murals. Need for requirements to maintain murals once approved. Appropriate sizes and locations, and issues of visibility in reviewing murals The possibility of referring proposed murals to local artists for review. Whether murals should only be regulated within the historicdistrict.  Protection of historic painted advertisements of buildings, often referred to as "ghost signs."  City Planning staff has been researching the city regulation of muralsi in Texas and other states. The intent of this agenda item is to provide examples of mural ordinance practices in other cities, discuss the main issues the Historical Commission believes Lockhart faces in regulating the appearance of the Historical District, and get feedback from the Commission regarding the types and levels of regulation that would be appropriate for Lockhart. Staffhasp provided ordinances from three cities that look like they could have potential to provide language that Lockhart could possibly incorporate into a possible ordinance. Staff will give a presentation discussing the feedback we have received and issues we have identified to date. Based on the discussion that follows the presentation, staff will draft mural ordinance language for  consideration at a future meeting.    RESOLUTION NO 264-2019  SEATOFFOR  A F RESOLUTION OF THE CITY COMMISSION OF THE CITY OF RICHMOND, TEXAS, ADOPTING RICHMOND HISTORIC DISTRICT MURAL GUIDELINES FOR INCLUSION IN THE HISTORIC DISTRICT  DESIGN GUIDELINES  WHEREAS, the City of Richmond by Ordinance No. 99-22, amended by Ordinance No. 2012-06, and repealed and replaced by Ordinance No. 2013-12 established rules and WHEREAS, in February 2001, the Design Guidelines for the Historic District were WHEREAS, the Richmond Historical Commission was created to perform oversight functions related to the Richmond Historic District, including making recommendations WHEREAS, on June 19, 2018 and February 19, 2019 the Richmond Historical Commission reviewed and recommended adoption of guidelines for murals in the WHEREAS, the City Commission of the City of Richmond, Texas, finds it in the public interest to adopt guidelines for murals within the Richmond Historic District; Now, BEITRESOLVED BY THE CITY COMMISSION OF THE CITYOF RICHMOND, TEXAS: Section 1. The facts and recitations set forthi ini the preamble of this Resolution are hereby Section 2. The City Commission of the City of Richmond adopts the mural guidelines for the Richmond Historic District fori inclusion int the Historic District Design Guidelines. The Section 3. Effective Date. This Resolution shall be effective from and after its adoption.  regulations for the Richmond Historic District; and  adopted; and  for revisions and additions to the Design Guidelines; and  Richmond Historic District; and  Therefore,  found to be true and correct.  mural guidelines are attached as Exhibit "A."  PASSED AND APPROVED on this the 25th day of March, 2019.  Res No. 264-2019 Historic District Mural Regulations IGityof Richmond, TX    bhan Evalyn Moore, Mayor APPROVED ASTO FORM: Ganyslmis Gary W. SAith, City Attorney  ATTEST:  Laura Scarlato, City Secretary  ResN0.264:2019HstoricDstrct. Mural Regulations GhtyofRchmond,IX    Exhibit A  RICHMOND EST. TEXAS 1837  HISTORIC DISTRICT MURAL GUIDELINES  Definition  Mural is an original work of graphic, painting, or painted wall surface art that is visible and projectsa graphic display or image that does not direct attention to an organization, a business operated forp profit, aj product, commodity, or service for sale or lease, or any other similari interest oractivity. Mural shall not promote an off-premise product or event, or depict nudity or obscenei images.  Mural Guidelines followingguidelines: 1. Location.  Murals are allowed within the Historic Overlay District (alsol known as the Historic District) under the  a. Murals are allowed on nonresidential buildings or structures.  0. Murals are allowed on the flat planes of side and rear walls ofal building or structure. Murals are allowed on front walls, provided that the size of the muralis limited to 20% of the d. Murals are allowed on street side walls of buildings located ona corner lot. Murals are not recommended on a structure that is adjacent to or directly across ar right-of-way from a residential structure or residentially: zoned property. Amural shall not project higher than the second story of any building. Application of murals on ori in a manner to obscure architectural featuressuch as windows, doors, pilasters, cornices, window and door trim, other building trim, feature bands, and other  total wall area.  recessed or projecting features is not recommended.  2. Design.  a. The mural is an original design work; iti is the appicantsresponsibity to ensure that a mural b. Mural design shall not depict nudity, obscene images, or obscene graphical representation at  does not resulti in copyright infringement. any stage ofi its installation. d. Only one mural is allowed per wall.  Mural design shall not promote an off-premise product or event.  Res No. 264-2019 Historic District Mural Regulations Cityof Richmond, TX    e. Sponsor and artist names may bei incorporated int the mural provided that the total area dediçated for such names does not exceed five percent oft the design or two square feeti inarea, Historically significant murals may not be painted over; even ifthe mural is faded. a. Brick. When painting on brick, the use of silicate dye paints is encouraged because ofi its breathability: and low resistance to water vapor diffusion. Elastomeric paints such as Latex, b. Non-Brick Wall Surfaces. Paint of superior quality intended fore exterior use and which will not corrode or compromise the integrity oft the material to whichiti is applied is recommended when Direct to Wall. A mural mayl be printed on al breathable mesh vinyl or fabric designed for exterior appliçations with an outdoor clear coat and applied directly to the wall. Such materials must ber removable without damage to the walls at the end of theirt term. ii. Seamless Frame. A mural may be printed on vinyl, breathable mesh vinyl, or fabric material designed for exterior applications with an outdoor clear coat and applied to aseamless frame. When the frame is affixed to al historic buildingi it must never be applied ina a manner that would cause physical damage or loss of historic integrity. The mural may bei internally d. Medium Density Overlay (MDO). Murals may be painted on medium density overlay boards and affixed to buildings. When a mural is affixed to al historic building it must never be applied in a e. Paint Selection. Use of same brand of primer, paint, coating, or adhesives is recommended for 4. Maintenance. Building owners are responsible for ensuring that ap permitted mural is maintained in good condition andi is repaired int the case of vandalism or accidental destruction. Ifal historic structure is vandalized, treatment to remove the vandalism should use allr relevant Preservation Briefs as published byt the National Park Services Technical Preservation Services.  whichever is less.  3. Materials.  acrylic, and oil base paints are not recommended.  painting on non-brick surfaces. Vinyl or Fabric Material.  illuminated if installed ini this manner.  manner that would cause physical damage or loss of historic integrity.  exterior wall, to achieve longevity oft the mural.  5. Color. Do not use reflective, neon, and fluorescent paints.  Application Process and Requirements  All proposed murals are approved by a Certifiçate of Appropriateness. The Historic Preservation Officer will review each appliçation and provide a report and recommendation to the Richmond Historical Commission. The Richmond Historical Commission will hold a public hearing on each Certificate of Appropriateness application for a mural and will forward its report and recommendation to the City  Res No.2642019Hsoric District Mural Regulations ICityof Richmond, TX    Commission to be considered by the City Commission. The final decision on the Certificate of Appropriateness application for a mural will be made by City Commission. The Historic Preservation Officer will be responsible for publishing notice for the aforementioned public hearing on the City's websitea andtealfieainewapaperatimedlyefRiehmon.i notl less than: 10days beforet the publichearing. An application for a Certificate of Appropriateness must be filed with the Historic Preservation Officer to be reviewed for compliance with the requirements of the Richmond Historic District Design Guidelines. Please provide the following items along withac complete application withs signatures:  Building elevation drawn to scale, and one 8.5"x11" reducedsuitable for photocopying,  thati identifies:  Thet façade on which the mural is proposed; Thel location of any existing and proposed murals; A detailed illustration of the proposed mural; Thel height of the mural above grade; and Thel building eave/cornice and roof line.  The mural dimensions;  Site plan drawn to scale and one 8.5"x11"r reduced suitable for photocopying, that Thel building location and façade on which the mural will be located; The names of streets that abut the site (map showing location); and The details showing how the mural is affixed to the wall surface. Provide a copy of all paint and coating selections with color indext term as well as  identifies:  manufacturer's name for the color of paint. Signedapproval from the building owner.  Inspections 30 each year.  1. Schedule. The Historic Preservation Officer will inspect murals twice ayear, by April 30 and October 2. Maintenance. Murals must remain free of vegetation and surface dirt. The building owneri is responsible for allr maintenance including reapplying protective coats to the mural. 3. Damage. Photographing any damage to the mural before attempting to clean, removing graffiti or  performing repairs is recommended. Removal of Murals and Associated Materials removed at the building owner'se expense.  1. Anyi installed mural that deviates from the design approved by the City Commission mayl be  ReN0.2642019Hsone District Mural Regulations City of Richmond, TX    2. Thel building owner should giver notice of the removal of a mural atl least 10 days prior to removal on 4. The removal of a mural must not damage the buildingi in any manner. If removal of a mural causes damage to the building, repairs must be performed within ar reasonable time not to exceed 30 days. 5. Any (all) associated materials that were used to affix or secure ther mural to the wall must be removed at the time the mural is removed. This includes buti is notl limited to caulk and adhesives.  af form provided by the City to the Historic Preservation Officer.  3. Ar mural must be removed in its entirety.  Res No. 264-2019 Historic District Mura/Regulations ICityof Richmond, TX    MURALGUIDELINES  Designand Review Criteria for Murals to the outside of a structure. GeneralGuidelines  Definition: A mural is a painting, mosaic, fresco, or other permanent artwork attached or applied directly These guidelines provide anyone who wants to install a mural with a reasonable process that safeguards both the interests of the community and those of the individual building/property owner. The guidelines are designed to assure that murals within the City of Brookings enhance the community's appearance, without confusing drivers and/or pedestrians or causing any other negative impact on public safety or welfare. In reviewing proposals for public (outdoor) murals all of the following criteria will be considered:  Is the location appropriate? problems, or complicated building geometry. Too many murals? How big is too big?  Some locations may simply be inappropriate for murals, due to safety issues, potential maintenance To avoid the appearance of blight, the number of murals may have to be limited. If your neighborhood By their very nature, murals are large artworks. But, when murals become sO large as to overwhelm the Murals are considered public art, not billboards or signs. Murals containing logos, slogans, or advertising messages of any kind are considered signs and must comply with Chapter 17.88, Sign Regulations, In addition to the general guidelines above, the Site Plan Committee or a Public Art Committee appointed by  already has several murals, chances are, your mural proposal will not be approved.  local streetscape and/or become a visual distraction, they are not likely to gain approval.  No logos or advertising, please! Brookings Municipal Code (BMC). Detailed mural quidelines and criteria  the City Council, will evaluate mural proposals based on the following:  Design and content  Relevance of the piece to the building or city, its values, culture, and people - murals within the city of Brookings should be based on one or more of the following themes: natural beauty; history and/or Native American heritage; logging, fishing, local agriculture or other relevant themes. Suitability of the work for outdoor display, including its maintenance and conservation requirements. Relationship of the work to the site and the community, especially how it serves to activate or enhance  public space. Site selection  Appropriateness of the scale of the artwork.  In order to ensure that public art is fairly and equitably distributed throughout the city, and that it is sited in such a way as to enhance and activate public spaces, sites where murals are to be displayed should: Experience high levels of pedestrian traffic and be part of the city'scirculation paths. Enhance the overall public environment and pedestrian streetscape experience.  Be easily visible and accessible to the public. Serve to anchor and activate its site. Help to create a place of congregation and activity. Establish landmarks and neighborhood gateways. The following are guidelines for mural placement: PPw/CommisionsPusic Art CommiteFomsMural Guidelines 6-2016  Placement park.  Mural art should be publicly accessible 24 hours per day or during the normal hours of operation if in a  Page 1 of2    Its should not obscure windows or entranceways, nor disrupt normal pedestrian circulation unless that is Itshould not be placed in a given site ifi it disrupts the site's landscaping and maintenance requirements. Itshould not be sO large as to overwhelm adjacent architecture or become a visual distraction. Itshould not detract from its surroundings nor create "blind" spots where illegal activity can take place. It should be located in a site where it will enhance and activate the pedestrian and the streetscape 1) Murals shall be well designed and' incorporate high-quality materials that enhance the overall appearance of the site and not adversely affect safe and efficient movement of vehicles and pedestrians. Materials may include paint or other media appropriate for exterior use, such as tile or mosaic. Materials shall be long- 2) Colors, though vibrant, should be complimentary and harmonious with the exterior colors of the building structure, as well as consistent with the chosen theme. Neon, fluorescent, or reflective-type colors or 3) The mural shall be designed and painted by a qualified artist/muralist, one with sufficient knowledge and 4) Mural size shall be determined by the wall surface to be covered. Smaller walls may be completely covered. On large walls, murals should be large enough to dominate the wall surface, but not SO large as to overwhelm the local streetscape. Generally, one mural will be permitted per structure. 5) As indicated above, no advertising, logos, or political messages will be allowed. The mural artist's signature may appear, provided that iti is not so prominent as to detract from the mural display. 6) The proposed mural, by its design, construction, and location, shall not obscure or detract from the significant architectural features of the building structure; nor should the building's architecture be altered 7) The proposed mural, by its design, construction, and location, shall not have an adverse impact on adjacent properties or permitted uses. If the mural requires special lighting or other related construction, all 8) Routine maintenance of an artwork becomes the responsibility of the building owner where the artwork is located. As part of the contractual requirements, the artist should develop a maintenance program in cooperation with the building owner or manager for the proper long-term care oft the artwork. If, for whatever reason, the mural falls into disrepair, the building owner will be notified in writing and required to make necessary, repairs within 60 days, Ifthe repairs are not made within the specified time, the city reserves the right to repair or remove the mural at the owner's expense. The process found in BMC An applicant desiring to install a mural on a building in Brookings is required to submit a formal application, a scaled color rendering of the proposed project, and a photograph showing the building location of the Mural proposals that do not meet all of the design criteria/guidelines may be denied by the Site Plan Committee or the Public Art Committee, or accepted with required modifications. Applicants whose proposals are denied may appeal to the Brookings Planning Commission per Chapter 17.156, BMC. Mural installation must begin within 60 days of approval, and must be completed within six months of the start date. If these dates are not met the Site Plan Committee or the Public Art Committee, may at its discretion, cancel the mural permit. A one-time extension for an additional 60 days may be granted if the  the purpose of the artwork.  experience.  Construction and Maintenance  lasting and graffiti-resistant to the greatest extent possible.  materials are discouraged.  experience with the application of mural materials.  to accommodate the mural.  applicable permits will be required as part of installation.  8.15.090, General Abatement Procedure, will be followed. Application Review and Approval. Process  proposed mural.  Schedule  request is submitted in writing prior to the end of the initial 60-day period.  PPWICommisionsPalic Art CommitelFomsMural Guidelines 6-2016  Page 2 of2    ORDINANCE NO. 4940  AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 13 OF THE MESQUITE CITY CODE BY MAKING CERTAIN ADDITIONS AND DELETIONS THEREBY UPDATING CERTAIN REGULATIONS ON SIGNS AND ADDING REGULATIONS FOR "MURALS" AND "GHOST SIGNS"; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE IN AN AMOUNT NOTTO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE  DATE.  WHEREAS, the installation of murals in Downtown Mesquite, and the city-wide existence and/or restoration of ghost signs (i.e., faded painted signs more than fifty years old) add  long-lasting artistic value within the Mesquite community; and Council"), to protect the public health, safety, and welfare; and  WHEREAS, it is the intent of the City Council of the City of Mesquite, Texas ("City WHEREAS, the City of Mesquite, Texas ("City"), is a home-rule municipality acting under its Charter adopted, and amended, by the electorate pursuant to Article 11, Section 5 ofthe  Texas Constitution and Chapter 9 ofthe Texas Local Government Code; and  WHEREAS, a home-rule municipality has full power oflocal self-government, pursuant tol Texas Local Government Code, Title 2, Subtitle D, Chapter 51, Section 51.072(a); and WHEREAS, the City shall have the power to enact and enforce ordinances necessary to protect health, life, and property, and to prevent and summarily abate and remove all nuisances, and to preserve and enforce good government, order, and security ofthe City and its inhabitants,  pursuant to Article III, Section 2 oft the Mesquite City Charter; and  WHEREAS, a home-rule municipality may enforce ordinances necessary to protect health, life, and property, and to preserve the good government, order, and security of the municipality and its inhabitants, pursuant to Texas Local Government Code, Title 2, Subtitle D,  Chapter 54, Section 54.004, as amended; and  WHEREAS, the City shall have the power to provide for license, permit, and inspection WHEREAS, the City Council finds that it is in the best interests ofthe citizens ofthe City  fees, pursuant to Article III, Section 28 oft the Mesquite City Charter; and  toa amend the Mesquite City Code as herein provided.    Planning & Development. /Chapter 13- Signs: Murals and Ghost Signs  February 21,2022 Page 2 of3  NOW,THEREFORE, BEI ITORDAINED: BYTHE CITYCOUNCILOFTHECITY SECTION1. Recitals Incorporated. The City Councilhereby: finds and determines the recitals made in the preamble oft this ordinance are true and correct, and hereby incorporates such  OF MESQUITE, TEXAS:  recitals here in the body ofthis ordinance as if copied in their entirety.  SECTION2. MESQUITE CITY CODE AMENDMENT: Revising various sections in Chapter 13 of the Mesquite City Code. The Mesquite City Code is hereby amended by making certain additions and deletions as identified in EXHIBIT A, thereby updating certain regulations on signs and adding regulations for "murals" and "ghost signs." Said exhibit is attached hereto and made a part hereof, and in all other respects said Code, Chapters, Divisions,  and Sections shall remain in full force and effect.  SECTION3. Conflicts Resolution Clause. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance ofthe City of Mesquite and the provisions ofthis Ordinance, the provisions ofthis Ordinance shall be controlling.  SECTION4 4. Severability Clause. Should any word, sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudged orl held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, the Mesquite City Code, as hereby or previously amended, or the Mesquite Zoning Ordinance, as hereby or  previously amended, which shall remain ini full force and effect.  SECTION5. Penalty Clause. Generally. Nothing in this ordinance prohibits the City from pursuing civil and criminal enforcement remedies and penaliesconcurrently or availingi itself of any other remedy allowed by law. Criminal. Any violation of the provisions or terms ofthis ordinance by any "person," (as defined in Mesquite City Code, Chapter 1, Section 1-2) shall be deemed a Class CN Misdemeanor criminal offense, and upon conviction thereof, shall be subject to a penalty of fine not to exceed FIVE HUNDRED DOLLARS ($500.00) for each offense, as provided in Mesquite City Code, Chapter 1, Section 1-6, as amended. Civil. The City may also file a civil action for enforcement of this ordinance. Maximum penalties. If the maximum penalties provided for by this ordinance for an offense or civil action is greater than the maximum penalty provided for the same offense or civil action under the laws of the State of Texas, the maximum penalty for violation of this ordinance for such offense or civil action shall be the  maximum penalty provided by the laws oft the State ofTexas.  SECTION_6. Publication. This ordinance shall be published in the City's official SECTION7. Effective Date. This ordinance after its passage and publication shall take effect on, and bei ini force from and after, five (5) days after publication thereof, in accordance with Mesquite City Charter, Article IV, Section 24, and it is accordingly SO ordained.  newspaper in accordance with Mesquite City Charter, Article IV, Section 24.    Planning & Development/Chapter. 13- Signs: Murals and Ghost Signs  February 21, 2022 Page 3 of3  DULY PASSED AND APPROVED by the City Council ofthe City ofl Mesquite, Texas,  on this the 21st day of FEBRUARY 2022.  Daniel Mayor  LIs  Aleman, Jr.  ATTEST:  APPROVED ASTOLEGAL FORM:  - PAA  shn dand Sonja Land City Secrétary  David L. Paschall City Attorney    EXHIBIT A  To Ordinance No.. 4940  MESQUITE CITY CODE, additions and deletions to CHAPTER 13-SIGNS    EXHIBIT ATO ORDINANCE NO.. 4940 Mesquite City Code, Chapter 13- SIGNS Cily Council Meeting Date: February21,2022  MESQUITE CITY CODE Chapter 13- SIGNS ARTICLE I.- IN GENERAL Sec. 13-1.- Definitions.  [Editor's Note: Make the following revisions with additions identified in green font and underlined The following words, terms and phrases, when used ini this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different Commercial message. Any sign. wording, logo. or other representation that directly or indirectly, names, advertises, or calls attention to a business, product. service. or other  and deletions identified. in GHORFIPGPMANOPN,  meaning:  ***  commercial activity.  ***  Downtown Mesquite Main Street Program Boundary Area is the geographic area of focus of the Mesquite Downtown Development/Main Streetp program. The City of Mesquite, Texas, is recognized as a designated Texas Main Street community by the Texas Historical Commission. The Downtown Mesquite Main Street Program Boundary Area is identified as alayer within the Downtown Mesquite online interactive map located on the City's website. Ghost sign means a faded painted sign that is more than 50 years old that remains from an earlier time. Ghost signs provide evidence of the history of the use of the building,  ***  product, service, events. or activities of the community.  Mural means a sign comprised of a non-commercial message and may be any mosaic, painting.graphic art, or combination thereof displayed on ane exterior structure.generaly for the purpose of decoration or artistic expression. Sponsorship and dedication recognition  incidental to the mural does not constitute a commercial message".  ***  Non-Commercial Message means a message that is not a commercial message. Noncommereiaisign-mesayaypaNeranasgpDA.semiperhushess, oriesaleoimerchandisraeradaypnaehenegaN-Noncommecai-sgns re-deemes-io-be-ompamie-deesmaaepai-Nrer-signs-are-alenise pemiedlin-aegondamcéamsaMwyauNedashecaseHothn-ns  Chapter.  DRAFT dated 02.15.2022  Page 1of1 10    EXHIBIT A TO ORDINANCE NO. 4940 Mesquite City Code, Chapter 13-S SIGNS Cily Council Meeting! Date: February21,2022  Sec. 13-26. Required; fee.  [Editor's Note: Make the following revisions with additions identified in green font and underlined.]  (a) Offenses.  (1) Itshall be unlawful for any person who is not registered by the City as a sign (2) Itshall be unlawful for any person to represent himselforh herself as a registered and licensed sign electrician, or to use falsely the words "sign contractor," "master sign electrician," journeyman sign electrician," either verbally or in writing, unless such person is, ini fact, registeredand holds a valid license within the meaning of the words used and as provided in this Article.  contractor to secure sign permits as provided herein.  (b) Method of registration. To register with the City as a sign contractor, application shall be made to the Building Official for a Sign Contractor Professional License along with a registration fee to cover administrative costs. The application shall be on a form provided by the City, and shall, at a minimum, show the contractor's name, local address, and telephone number; state license numbera and such other information as may be reasonably required to properly identify the contractor, along with a current government-ssued identification and a current State of Texas issued Master Sign  Electrician License. (c) Exceptions.  (1) Ghost Signs. Registration as a sign contractori ris not required to secure a Sign Permit for ghost sign restoration. The person who restores a ghost sign shall (2) Murals. Registration as a sign contractor is not required to secure a Sign Permit for a mural installation or restoration. The person who installs or  obtain the Sign Permit.  restores a mural shall obtain the Sign Permit.  DRAFT dated 02.15.2022  Page2of10    EXHIBIT ATO ORDINANCE NO.. 4940 Mesquite City Code, Chapter 13- SIGNS Ciy Council Meeting Date: February21,2022  *  Sec. 13-49. Expiration.  [Editor's Note: Make the following revisions with additions identified in green font and underlined.] (a) Expiration. Except as otherwise provided in this section, a permit for as sign installation orrestoration shall expire if the work is not started within sixty (60) days from issuance nor completed within one hundred twenty (120) days after the work is commenced.  (b) Exceptions. (1) Murals. a.  Expiration. A Sign Permit for a mural installation or restoration shall expire if the work is not started within sixty (60) days from issuance nor completed within sixty (60) days after the work is commenced. Extension. A time extension for mural installation or restoration may be approved in writing by the Building Official or his/her designee. If granted, the permit for mural installation shall not expire until the date  b.  specified in the written approval.  (c) New Sign Permit required. If a Sign Permit for installation or restoration expires, a new: Sign Permit shall be required before beginning or completing the work.  ***  DRAFT dated 02.1 15.2022  Page 3of10    EXHIBIT ATO ORDINANCE NO.. 4940 Mesquite City Code, Chapter 13-S SIGNS City Council Meeting Date: February21,2022  *  Sec. 13-71. Removal of obsolete signs.  [Editor's Note: Make the following revisions with additions identified in green font andi underlined.] (a) Removal of obsolete signs. Except as otherwise provided in this section, all signs relating to a product no longer available for purchase by the public and all signs relating to a business which has been closed for at least six (6) months or has moved away shall be termed obsolete. All advertising copy or sign faces shall bei immediately replaced to advertise an available product, or a new business once the premises are reoccupied, and painted wall signs shall be immediately painted over with a color that resembles or matches the wall. Ifthe owner of, person responsible for the sign or the tenant closing the business fails to replace or paint over the sign, the owner of the premises shall be responsible and the work shall be done within thirty (30) days  following the date of obsolescence.  (b) Exceptions.  (1) Murals. This section does not apply to murals. (2) Ghost signs. This section does not apply to ghost signs.  DRAFT dated 02.15.2022  Page 4of1 10    EXHIBIT ATO ORDINANCE NO. 4940 Mesquite City Code, Chapter 13-S SIGNS City Council Meeting Date: February21,2 2022  Sec. 13-72. Prohibited signs.  [Editor's Note: Make the following revisions with additions identified in green font and underlined.)  **  (c) Signs attached to standpipe or fire escape. It shall be unlawful to attach any sign to a standpipe or fire escape. This subsection shall not apply to ghost signs or murals.  ***  (g) Painting, marking streets, sidewalks, utility poles. No person shall attach any sign, paper or other material, or paint, stencil, or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, fence, or structure except as otherwise allowed by this Chapter. This  subsection shall not apply to ghost signs or murals.  **  DRAFT dated 02.15.2022  Page 5of1 10    EXHIBIT ATO ORDINANCE NO.. 4940 Mesquite City Code, Chapter 13-SIGNS Cily Council Meeting Date: February 21,2022  Sec. 13-73. Specifications by type of sign.  Editor's Note: Insert "Ghost signs" as newl letter () andi re-letter the remaining subsections accordingly. Make  the following revisions with additions identified in green font and underlined.]  ***  () Ghost signs.  (1) Ghost signs are permitted to remain in situs city-wide.  (2) No person shall restore a ghost sign without first having a valid Sign Permit for  the restoration.  (3) The restoration of a ghost sign must be in accordance with:  a. the City of Mesquite, Texas, Policy & Guidelines for Murals and Ghost b. the restoration specifications as approved in the Sign Permit. (4) The City of Mesquite, Texas, Policy & Guidelines for Murals and Ghost Signs shall be available in the office of the Director, and on the City's web-site. (5) Ghost signs shall be considered separately from all other signage and not affect the size or number of other types of signs allowed on the property. However, in no case shall another sign be placed over a ghost sign unless approved by the Building Official as part of the Sign Permit for installation.  Signs, as amended or its successor: and  (6) Approval process.  a. Ingeneral. See the City of Mesquite, Texas, Policy & Guidelines for Murals and Ghost Signs for specific or additional information. b. Application initiation and submission for preliminary review. A property owner, or authorized agent. shall submit an application for a ghost sign restoration preliminary review to the Planning and Development Applications for preliminary review required to be complete. The Director or his/her designee will determine when the application for  Services office.  C.  preliminary review is considered complete.  DRAFT dated 02.15.2022  Page 6of10    EXHIBIT ATO ORDINANCE NO.. 4940 Mesquite City Code, Chapter 13- SIGNS Cily Council Meeting Date: February21,2022  d. Certificate of Appropriateness required (when applicable). If the property where the ghost sign is to be restored is a Mesquite Landmark orap property within a Historic Preservation Overlay District (H-POD),a Certificate of Appropriateness from the Mesquite Landmark Commission is also required prior to issuance of a Sign Permit for  restoration by the Building Official.  e. Advisory Board preliminary review andlor recommendations.  1. Mesquite Arts Council. The Mesquite Arts Council may review the application and provide comments to the applicant focusing on the 2. Downtown Development Advisory Board. When the proposed ghost sign restoration is inside the Downtown Mesquite Main Street Program Boundary Area, the application shall be reviewed by the Mesquite Downtown Development Advisory Board. The Board will focus on providing a recommendation to the applicant and Building Official on the proposed ghost sign restoration methods. The recommendation may include approval.approval with conditions.or  proposed artwork.  denial.  f.  Sign Permit for the restoration of a ghost sign.  1. Upon the completion of the Advisory Board preliminary review (and review and approval by the Landmark Commission when applicable), the applicant may submit a Sign Permit application for the restoration of the ghost sign throught the City's online application 2. When the proposed ghost sign restoration is inside the Downtown Mesquite Main Street Program Boundary Area, if the Building Official does not receive a recommendation from the Mesquite Downtown Development Advisory Board within sixty (60) days ofthe Director's receipt of a completed application, the Building Official is authorized and may proceed to issuet the Sign Permit for restoration. The date the Director deemed the application for preliminary review 3. Once the Sign Permit is issued by the Building Official, the ghost sign may be restored in accordance with the approved Sign Permit.  portal, and pay any applicable fees.  to be complete shall be considered Day Zero (0).  Cross reference- City'so on-line application portal-City ofMesquite Citizen Self Service.  ***  DRAFT dated 02.15.2022  Page7of10    EXHIBIT ATO ORDINANCE NO.. 4940 Mesquite City Code, Chapter 13- SIGNS Cily Council Meeting Date: February21,2022  Sec. 13-73. Specifications by type of sign.  [Editor's Note: Insert Murals" as new letter (p) and re-letter the remaining subsections accordingly. Make the  following revisions with additions identified in green font and underlined.)  **  (p) Murals.  (1) Murals shall be permitted within the Downtown Mesquite Main Street Program Boundary Area in all zoning districts, except on a property with single-family (2) No person shall paint. install, erect, or restore a mural without first having a (3) The design, size, location, placement. materials, installation, or restoration of  or duplex residences.  valid Sign Permit for the installation or restoration. amural must be in accordance with:  a. the City of Mesquite, Texas, Policy & Guidelines for Murals and Ghost b. the installation or restoration specifications as approved in the Sign (4) The City of Mesquite. Texas, Policy & Guidelines for Murals and Ghost Signs shall be available in the office of the Downtown Development Manager and on (5) Murals shall be considered separately from all other signage and not affect the size or number of other types of signs allowed on the property. However, inno case shall another sign be placed over a mural unless approved by the  Signs, as amended or its successor; and  Permit.  the City's web-site.  Building Official as part of the Sign Permit for installation.  (6) Approval process.  a. Inc general. See the Cityof Mesquite, Texas, Policy & Guidelines for Murals b. Application initiation and submission for preliminary review. A property owner, or authorized agent, shall submit an application for a proposed mural installation or restoration preliminary review to the Downtown , Applications for preliminary review required to be complete. The Downtown Development Manager or his/her designee will determine when the application for the preliminary review is considered complete.  and Ghost Signs for specific or additional information.  Mesquite Development office.  DRAFT dated 02.15.2022  Page 8of10    EXHIBIT ATO ORDINANCE NO. 4940 Mesquite City Code, Chapter 13-SIGNS City Council Meeting Date: February21,2022  d. Certificate of Appropriateness required (when applicable). If the property where the mural is to be installed or restored is a Mesquite Landmark ora property within a Historic Preservation Overlay District (H-POD). a Certificate of Appropriateness from the Mesquite Landmark Commission is also required prior to issuance of a Sign Permit fori installation or restoration  by the Building Official.  e. Advisory Board preliminary review and/or recommendations.  1. Mesquite Arts Council. The Mesquite Arts Council may review the application and provide comments to the applicant focusing on the 2. Downtown Development Advisory Board. The Mesquite Downtown Development Advisory Board will review the application and will focus onproviding a recommendation to the applicant and Building Officialon the proposed mural installation or restoration methods. The recommendation may include approval, approval with conditions, or  proposed artwork.  denial.  Sign Permit for the installation or restoration of a mural.  1. Upon the completion of the Advisory Board preliminary review (and review and approval by the Landmark Commission when applicable), the applicant may submit a Sign Permit application for the installation or restoration of the mural through the City's online application portal, 2. Ifthe Building Official does not receive a recommendation from the Mesquite Downtown Development Advisory Board within sixty (60) days of the Downtown Development Manager or his/her designee receipt of a completed application, the Building Official is authorized and may proceed to issue the Sign Permit for restoration. The date the Downtown Development Manager deemed the application for preliminary review to be complete shall be considered Day Zero (0). 3. Once the Sign Permit is issued by the Building Official, the mural may be installed or restored in accordance with the approved Sign Permit.  and pay any applicable fees.  Cross reference- City's on-line application portal-City ofMesquite Citizen Self Service.  [The remaining portion of this page is intentionally left blank.]  DRAFT dated 02.15.2022  Page 9of10    EXHIBIT ATO ORDINANCE NO. 4940 Mesquite City Code, Chapter 13-SIGNS Ciy Council Meeting Date: February21,2022  (7) Maintenance responsibility and standards.  a. At all times during and after the installation or restoration. the property owner where the mural is located shall be responsible for maintenance b. All murals shall be kept inap proper state of repair and preservation. If the Building Official or his/her designee determines a mural to be in dilapidated or deteriorated condition, the mural shall be restored or Upon the failure of the property owner to repair or remove the mural following thirty (30)0 days' notice thereof, the City may cause the removal ofthe mural. The property owner shall pay all expenses incurred byt the 1. In the event of the failure of the owner to remit to the City the expenses incurred in the removal oft the mural, a lien may be placed on and against the property on which the mural is removed. 2. To obtain a lien against the property. the Director, on behalf of the City Council, shall file a statement of expenses with the county clerk of the county in which the property is located setting out the actual expenses incurred by the City, the name of the property owner, if known, and a legal description of the property. The City's lien attaches when the statement of expenses is filed in then real property records of the county in which the property is located. The City's lien is subordinate to any previously recorded lien and to the rights of a purchaser or lender for value who acquires an interest int the property before the statement of expenses is filed.  and upkeep of the mural.  removed by the property owner.  C.  City incident to such removal.  ***  Sec. 13-75. Guidelines to sign use within zoning districts.  [Editor's Note: Make the following revisions with additions identified in green font and underlined)  ***  (g) Downtown Mesquite Main Street Program Boundary Area. Murals are permitted within the Main Street Program Boundary Area in all zoning districts except as  modified in Sec. 13-73.  Cross reference- Specifications by type of sign, Sec. 13-73(p) Murals.  DRAFT dated 02.15.2022  Page 10of10