[HISTORY: Adopted by the Mayor and Town Council
of the Town of Oakland 8-2-2004 by Ord. No. O2004-01. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
For purposes of this chapter, the following
terms shall have the meanings set forth herein:
Any homemade handiwork not intended to be manufactured for
live distribution or any unique creation locally made or homemade
and not intended to be manufactured for mass distribution.
Any work of art intended to tell a story, communicate an
idea or sequence of ideas, or depict a series of events. Generally
speaking, a "mural" is a larger work of art dealing with aesthetic
or historical subject matter.
A depiction of some subject matter for aesthetic purposes
either freestanding or as part of a frieze or other rendering (generally
constructed of solid material), such as a statue.
Any decorations displayed for celebration of any event, holiday,
or other seasonal observances, which are not displayed more than 60
days in any twelve-month period.
Any device, fixture, placard or structure that uses any color,
form, graphic, illumination, symbol or writing to advertise, promote,
and/or announce the purpose of, or identify the purpose of a person,
entity, or product, or to communicate information of any kind in public.
Works of art are excluded.
A drawing, painting, rendering, sculpture, seasonal decoration
or display which has an aesthetic purpose as opposed to a commercial
purpose, and which is not vulgar or prurient in nature or a violation
of community standards and morality.
The following are exempted from the provisions of Chapter 300, Zoning:
A.
Seasonal decorations and crafts that meet the standard
of a work of art and not a sign as defined herein. This exemption
is subject to a review and ruling by the Mayor and Town Council upon
a complaint being received. If the Mayor and Town Council feel that
the work of art does not meet its definition of "a work of art," they
shall notify the property owner that said exemption does not apply.
B.
Outdoor sculpture that meets the standard of a work
of art and not a sign as defined herein. This exemption is subject
to a review and ruling by the Mayor and Town Council upon a complaint
being received. If the Mayor and Town Council feel that the work of
art does not meet its definition of "a work of art," they shall notify
the property owner that said exemption does not apply.
C.
Outdoor murals and paintings.
(1)
Murals and paintings of a temporary nature (which
can easily be removed and are to be displayed less than 30 days in
any twelve-month period) determined by the Zoning Administrator to
be a work of art and not a sign as defined herein.
(2)
Any outdoor mural or outdoor painting intended to
be permanent in nature may be painted on a building if:
(a)
Granted a permit by the Town Clerk after a review
by the Outdoor Art Review Committee, advertisement in a newspaper
of local circulation, a Town Council public hearing, and approval
by the Mayor and Town Council of Oakland in writing.
(b)
No such mural or painting shall be approved by the
Mayor and Town Council if it contains any commercial message that
bears any resemblance to a sign or commercial product, contains any
prurient or sexually explicit matter (or other matter which is not
in keeping with the values and standards of the community as determined
by the Mayor and Town Council), or contains any other form of vulgarity.
(c)
Outdoor murals and paintings shall only be permitted
in the Central Business Area.
A.
There is hereby created an Outdoor Art Review Committee
that shall consist of five members; at least three members shall be
residents of the Town of Oakland.
B.
The following committees shall suggest one representative
each to the Outdoor Art Review Committee: the Garrett County Arts
Council, the Garrett County Historical Society, and the Greater Oakland
Business Association ("GOBA").
C.
The five members of the Committee shall be nominated
and approved by the Mayor and Town Council.
A.
Any work of art painted on a building or intended
to be permanent in nature can only be granted a permit by the Town
Clerk after advertisement in a newspaper of local circulation, at
least 14 days and no more than 30 days prior to a Town Council public
hearing, and approval by the Mayor and Town Council of Oakland in
writing. No such work of art shall be approved by the Mayor and Town
Council if it contains any commercial message that bears any resemblance
to a sign or commercial product, contains any prurient or sexually
explicit matter (or other matter which is not in keeping with the
values and standards of the community as determined by the Mayor and
Town Council), or contains any other form of vulgarity.
B.
No outdoor mural shall be displayed, erected, or located within the Town of Oakland, unless it complies with Chapter 300, Zoning, or unless a permit has been granted either by the Mayor and Town Council of Oakland as provided for in Subsection A above or, in other cases, by the Zoning Administrator.
C.
The Mayor and Town Council shall establish a procedure
under which a person who owns real estate property within the Central
Business Area may apply for a permit for a permanent outdoor mural,
including fees therefor. The application shall require the following:
An artist's rendering of how the mural will appear, as well as details
on where it will appear; an agreement between the artist and the property
owner stating that the artist agrees that the mural upon completion
will be the property of the real estate property owner; and a timetable
for completion. No application shall be approved unless such rendering,
agreements, and details (sufficient for the Mayor and Town Council
to determine exactly how the mural will appear, once created) are
included therewith.
D.
The Mayor and Town Council when approving a permit
for a permanent outdoor mural shall set a date in which said mural
shall be completed. The Mayor and Town Council may choose to: extend
the completion date after advertisement in a newspaper of local circulation
at least 14 days and no more than 30 days prior to an additional public
hearing, or require the real estate property owner to remove the partially
completed mural.
E.
The Mayor and Town Council or the Zoning Administrator shall consider the written recommendation on any such application from the Outdoor Art Review Committee ("OARC") before granting a permit. The OARC will review each application and render a written recommendation as provided by Subsection F either to the Zoning Administrator or to the Mayor and Town Council (whichever is applicable) within 30 days of the referral to it of the applications receiving the recommendation of at least three of the five members of the OARC. Then the Mayor and Town Council or the Zoning Administrator shall review the recommendation and pass judgment hereunder.
F.
The OARC shall not recommend or approve any proposed
application under this chapter where the subject thereof is not in
harmony with the prevailing architectural character, style of the
Town of Oakland, adopted developmental plan(s) of the Town of Oakland,
or the prevailing community standards and morals thereof.
G.
It shall be unlawful for any person to use the streets
of the Town of Oakland, or within said Town, for any purpose other
than vehicular traffic, parking (where otherwise legal), and other
related uses.
H.
The OARC shall meet at such times as may be necessary
in order to conduct reviews required hereby and in accordance herewith.
I.
All meetings of the OARC shall be public and the public
shall be given notice thereof by a posting on the Town Bulletin Board
and/or Town of Oakland Internet bulletin board of the time and place
of such meeting at least five days prior to the meeting, and a recorded
record shall be kept at the proceedings.
J.
The OARC shall elect from the five members a Chairperson
and Vice Chairperson.
K.
The OARC shall operate under the Town's ordinance
governing the conduct of public meetings, and shall have the right
to establish additional rules and regulations concerning its meetings.
L.
The OARC shall set aside a time period within its
public meeting to receive all public comment.
M.
The OARC (in its deliberations) shall use no discriminatory
criteria with respect to gender, race, or religion, except that nothing
contained herein shall violate the constitutional provisions dealing
with separation of church and state.
A.
Maintenance of any permanent mural within the Town
of Oakland will be the responsibility of the real estate property
owner. The original artist should perform any maintenance of a mural
when possible.
B.
The Mayor and Town Council will have the right to
perform maintenance and charge the property holder, provided the property
holder had not completed said maintenance within six months after
notification by letter.
C.
If grant funds are being used, the property owner
must comply with all grant regulations.
A.
If any funds are applied for and used in any form
for any work of art, the property owner must abide by any restrictions
thereof.
B.
Any person violating any of the provisions of this chapter shall be deemed guilty of a municipal infraction subject to the maximum fine established pursuant to Chapter 40, Municipal Infractions. Each day a violation continues shall constitute a separate or repeat offense, subject to separate fines and penalties.[1]
C.
Any police authority or police department having jurisdiction
within the Town of Oakland shall have the authority to remove and/or
confiscate an offending sign, sculpture, seasonal decoration, craft,
or mural at the request of the Mayor and Town Council or the Zoning
Administrator, and to bring charges against the offender under this
chapter. In the event that a police authority confiscates any such
item, it shall be stored for a commercially reasonable time as may
be directed from time to time by the Mayor and Town Council of Oakland,
and be made available at reasonable times to be retrieved by its owner.
