Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, July 10, 2023 @ 7:00 PM or Immediately Following Village Board Meeting Edward Barcal Hall 8820 Brookfield Avenue Brookfield, IL 60513 I. ROLL CALL II. REGULAR BUSINESS 1. Discussion of a request for Text Amendments to Chapter 62 Zoning for the Land Use of Smoke and Vape Business Committee Item Memo- Text Amendment Land Use of Smoke and Vape Business 2. Discussion of a Potential Public Art Mural Program and Related Text Amendments Committee Item Memo- Public Art Mural Program III. PUBLIC COMMENT IV. EXECUTIVE SESSION 1. Pursuant to Section 2(c)(5) of the Open Meetings Act to discuss purchase or lease of real property for the village’s use V. ADJOURNMENT Page 1 of 17  Committee Item Memo Meeting Date: July 10, 2023 Staff Contact: Kate Portillo, Village Planner Department: Community Development Subject: Discussion of a request for Text Amendments to Chapter 62 Zoning for the Land Use of Smoke and Vape Business Background Information: There are currently four businesses that sell smoke and vape products in commercial corridors. Since 2021, three new businesses selling smoke and vape products have opened in the Village. At the May 22, 2023, Committee of the Whole meeting, the Village Board of Trustees discussed the increase in this type of business and the potential for a proliferation of “Smoke and Vape” businesses to work against certain Village planning goals in the commercial corridors. The Board of Trustees expressed an interest in limiting or restricting where Smoke and Vape shops are allowed and directed staff and the Planning and Zoning Commission (PZC) to review and discuss potential changes to the uses allowed by right within the “Nondurable Goods” category, specifically businesses that sell smoke and vape tobacco products. The Village made an application for Text Amendments on June 5, 2023. The Planning and Zoning Commission (PZC) held a public hearing on June 22, 2023, to consider the application (PZC Case 23-09). The proposed text amendments would create a standalone category for "Smoke Shop/Tobacco Store" and allow the use as a permitted use in the C-1, C-3, C-4 and I- 1 zoning districts when the business is located at least 1,000 feet from another like establishment and at least 500 feet away from a school or childcare facility. During the public hearing, the Village Planner presented the staff report and responded to Commissioner questions related to regulations in other municipalities, the practical application of the proposed distance requirements, and compared the potential regulation of a "Smoke Shop/Tobacco Store" use and a Cannabis Dispensary use. One individual came forward for public comment and one emailed comment was entered into the public record. Findings of Fact: The Commission deliberations contemplated the following standards for review provided in the General Intent and Purpose of the Zoning Ordinance: Page 2 of 17  • Promotion and protection of public health, safety, morals, comfort, convenience and the general welfare of the people by assuring the youth of the community have only minimal and therefore reasonable exposure to an adult-use business type in the community. • Protecting the character and maintaining the stability of residential, business, commercial and manufacturing areas within the village, and promoting the orderly and beneficial development to such areas through assuring an adult-use business type does not saturate a commercial area. • Providing protection against potential adult use hazards in the interest of the public health, safety, and the general welfare. By a unanimous vote of 5 ayes, 0 nays and 0 abstaining, the Planning and Zoning Commission moved to recommend approval of the Text Amendments attached, which provide that a business be located at least 3,000 feet from another like establishment and at least 1,000 feet away from a school or childcare facility. Recommendation(s): Village staff recommend the Committee of the Whole discuss the recommendation from the Planning and Zoning Commission and determine if it is appropriate to direct the Village Attorney to prepare an Ordinance for vote at the next Village Board meeting. Attachments: Draft PZC Minutes 06_22_2023 Chapter 62_Zoning_Proposed Changes related to Smoke Shop Tobacco Store Use Page 3 of 17  8820 Brookfield Avenue • Brookfield, Illinois 60513-1688 (708) 485-7344 • FAX (708) 485-4971 www.brookfieldil.gov Planning and Zoning Commission · Record of Minutes June 22, 2023 @ 7:00 PM Edward Barcal Hall Boardroom 8820 Brookfield Avenue · Brookfield, IL 60513 I. Call to Order Pro Tem Chairperson Svoboda called the regular mee�ng of the Planning and Zoning Commission to order at 7:00 PM. II. Roll Call Present: Pro Tem Chairperson Svoboda and Commissioners Benjamin, Evans, Miller, Weber. Absent: Commissioner Straka and Chairperson Grund. Others Present: Pro Tem Liaison President Garvey, Village Planner Por�llo, Director Egan. III. Approval of Minutes Pro Tem Chairperson Svoboda entertained a mo�on to approve the mee�ng minutes dated April 27, 2023. Commissioner Evans so moved. The mo�on was seconded by Commissioner Benjamin. AYES: Benjamin, Evans, Svoboda, Weber. NAYS: None. ABSTAIN: Miller. Mo�on Passed 4-0. IV. Public Comment None. V. Case No. 23-09 Public Hearing to hear a request for Text Amendments to Chapter 62 Zoning for the Land Use of Smoke and Vape Businesses. Pro Tem Chairperson Svoboda entertained a mo�on to open the public hearing. Commissioner Miller so moved. The mo�on was seconded by Commissioner Evans. AYES: Benjamin, Evans, Miller, Svoboda, Weber. NAYS: None. ABSTAIN: None. Mo�on Passed 5-0. Pro Tem Chairperson Svoboda requested the staff report. Village Planner Kate Por�llo presents the case and the staff report. Commissioners raised ques�ons regarding defini�on terminology, regula�on in other communi�es, prac�cal applica�on of distance requirements and discon�nua�on of nonconforming uses. Pro Tem Chairperson Svoboda opened the floor for Public Comment to those who intend to give tes�mony. 1 Planning and Zoning Commission Record of Minutes – Meeting Date: June 22, 2023 Page 4 of 17  Resident Steve Sabourin commented in favor of increasing distances or limi�ng the number of smoke and vape businesses in the Village, in favor of explicitly prohibi�ng smoking on the premises for this type of use and spoke against allowing the smoke and vape shop type of business use in the I-1 zoning district. Resident Charles Grund submited a writen comment in favor of allowing the smoke and vape shop business use type in the same zoning districts where cannabis dispensaries are allowed. Commissioners asked ques�ons related to the public comments and Village Planner Por�llo provided follow up informa�on. Pro Tem Chairperson Svoboda entertained a mo�on to close the public hearing for Case 23-09. Commissioner Evans moved to close the public hearing. The mo�on was seconded by Commissioner Miller. AYES: Benjamin, Evans, Miller, Svoboda, Weber. NAYS: None. ABSTAIN: None. Mo�on Passed 5-0. Commissioners requested addi�onal informa�on from staff regarding cannabis dispensary use regula�ons, the opportunity to amend code in the future and the proposed distance requirements Commissioners deliberated the proposed text amendments, and in their findings determined that the proposed text amendments subject to a distance requirements of 3,000 feet between like business uses and 1,000 feet from a school or daycare would 1) protect the character and promote the orderly and beneficial development of commercial areas in the Village by assuring an adult-use business type does not saturate a commercial area, 2) protect against potential adult use hazards in the interest of the public health, safety, and the general welfare and 3) promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the population by assuring community youth have only minimal exposure to an adult- use business type in the community. Commissioner Benjamin entertained a mo�on and so moved to recommend approval of Case No. 23-09 Text Amendments to Chapter 62 Zoning as stated in delibera�ons. The mo�on was seconded by Commissioner Miller. AYES: Benjamin, Evans, Miller, Svoboda, Weber. NAYS: None. ABSTAIN: None Mo�on Passed 5-0. Pro Tem Chairperson Svoboda entertained a mo�on to close Case 23-09. Commissioner Evans so moved. The mo�on was seconded by Commissioner Miller. AYES: Benjamin, Evans, Miller, Svoboda, Weber. NAYS: None. ABSTAIN: None Mo�on Passed 5-0. 2 Planning and Zoning Commission Record of Minutes – Meeting Date: June 22, 2023 Page 5 of 17  VI. Other Business Village Planner Kate Por�llo ini�ated a follow up discussion with Commissioners regarding Standards for Review and elabora�ng the standards in delibera�on. Village Planner Por�llo also shared that the Beau�fica�on Commission reviewed a proposed Public Art Mural Program that will go to the Commitee of the Whole on July 10th and that the RFP for the Unified Development Ordinance project closes on June 30th, 2023. VII. Adjournment Pro Tem Chairperson Svoboda made a mo�on to adjourn the mee�ng. Commissioner Benjamin so moved. Commissioner Evans seconded the mo�on. AYES: Benjamin, Evans, Miller, Svoboda, Weber. NAYS: None ABSTAIN: None Mo�on Passed 5-0. The mee�ng adjourned at 7:55 PM. 3 Planning and Zoning Commission Record of Minutes – Meeting Date: June 22, 2023 Page 6 of 17 Chapter 62- Zoning: Proposed Changes related to “Smoke Shop/Tobacco Store” Use Section 62-25. Commercial use (l) Retail Sales category. Add: (5) Smoke Shop/tobacco store. An establishment dedicated to the retail sale of tobacco, tobacco products, or tobacco paraphernalia as its primary source of income. A grocery store or similar retail use that sells tobacco products or tobacco paraphernalia as an ancillary sale is not included in this definition. And Section 62-25. Commercial use (l) Retail Sales category. (3) Durable Goods. Retail sales uses that sell or otherwise provide wearing apparel, fashion accessories, furniture, household appliances and similar durable goods. Typical uses include clothing stores, department stores, appliance stores, TV and electronics stores, bike shops, book stores, costume rental stores, stationery stores, art galleries, hobby shops, furniture stores, pet stores and pet supply stores, shoe stores, antique shops, secondhand stores, record stores, toy stores, sporting goods stores, variety stores, musical instrument stores, medical supplies, office supplies and office furnishing stores. Retail sales of durable goods does not include sales or rental of building supplies and equipment or smoke shops and tobacco stores. And Section 62-30. Table of Allowed Uses Add: a row under “Retail Sales” uses and designate Smoke Shop/Tobacco Store as “P” (permitted use) in the C-1, C-3, C-4 and I-1 zoning districts when the business is located at least 3,000 feet from another like establishment and at least 1000 feet away from a school or childcare facility. And Section 62-216. Building types Add: a row under “Retail Sales” uses and designate with a dash that a Smoke Shop/Tobacco Store would not be a permitted use or special use in any of the Station Area zoning districts. Page 7 of 17  Committee Item Memo Meeting Date: July 10, 2023 Staff Contact: Kate Portillo, Village Planner Department: Community Development Subject: Discussion of a Potential Public Art Mural Program and Related Text Amendments Background Information: Bringing art to public space has been under consideration in the Village for several years and an implementation tool for allowing Murals was included with the adoption of the Energize Ogden Plan in 2022. Village staff brought forward a proposal for a Public Art Mural Program at the June 13, 2023, Beautification Commission meeting, as the intention is for the Public Art Mural Program to be administered by the Beautification Commission. The purpose of the Public Art Mural Program is to embody walls with history, storytelling and placemaking that will help distinguish the Village from other communities. A policy to allow murals would distinguish between commercial advertising signage and public art murals. “Signs painted on the walls of a building” are prohibited under Chapter 42-Signs. The proposed definition for Public Art Mural for inclusion in the Village Code is: Public Art Mural means a large painting or other work of visual art for public enjoyment applied directly on the side exterior wall of a building visible from a public right-of-way or other public area. A Public Art Mural shall not function as signage or advertisement for an on-site or off-site business and shall not contain hidden or overt text, logos, symbols, slogans or trademarks that convey commercial content and/or advertise for products or services. On June 13, 2023, the Beautification Commission reviewed the provisions related to public art mural projects, the application requirements and the process, the standards for review and the proposed zoning districts where Public Art Murals would be a permitted use. The discussion included thoughts on a mural registry, co-applicants, the approval process, and the possibility of murals in other zoning districts. The Beautification Commission provided comments and feedback on the proposed Public Art Mural Program and the requested changes are reflected in red line in the documents attached for your review. Recommendation(s): Page 8 of 17 Staff recommends that the Committee of the Whole review the proposed Public Art Mural program documents and proposed text amendments for potential adoption by Ordinance. Attachment Description: • Public Art Mural Program overview • Draft Public Art Mural application • Draft Text Amendment language Attachments: V3 Draft Public Art Mural Program Outline V2 Draft Brookfield Public Art Mural Application V3 Draft Code Changes_BBC and Public Art Murals Page 9 of 17  Public Art Mural Program The purpose of the Public Art Mural Program is to enhance the character and aesthetics of the community as well as embody walls with history, storytelling and placemaking that will help distinguish the Village from other communities. The Public Art Mural Program for the Village of Brookfield shall be administered by the Beautification Commission. Public Art Mural Definition: A Public Art Mural means a large painting or other work of visual art applied directly on the side exterior wall of a building visible from a public right-of-way or other public area. A Public Art Mural shall not function as signage or advertisement for an on-site or off-site business and shall not contain hidden or overt text, logos, symbols, slogans or trademarks that convey a commercial contentmessage and/or advertise for products or services. Installation Provisions A Public Art Mural may only be installed in compliance with the following provisions: 1. Public Art Murals shall be permitted uses in the C-1, SA-1, C-3, C-4 and I-1 zoning districts. 2. Public Art Murals are limited to one (1) wall per building and one (1) per zoning lot. 3. Public Art Murals are limited to secondary facades, not primary street frontages. 4. Public Art Murals shall not interrupt major architectural features such as doors and windows. 5. Public Art Murals must be at least 64 square feet in size. 6. A Public Art Mural may not extend more than 6 inches from the plane of the wall it is placed upon. 7. Public Art Murals shall be applied with materials manufactured with the expectation of long-term durability and exposure to the elements. 8. Public Art Murals shall be sealed with anti-graffiti and UV resistant coating by the artist upon completion of the mural. 9. Public Art Murals shall not be illuminated by artificial lighting. 10. Approved Public Art Mural projects must execute a Maintenance Agreement with the Property Owner. 9. Property owners on both sides of the same block where an approved Public Art Mural will be installed should be notified in writing of the installation. 10. Property owners may not be compensated for the display of a public art mural or the right to place a public art mural on the site. 11. 11.12. No more than four (4) Public Art Murals may be approved per year. Application requirements • A color rendering of the proposed mural, including dimensions and a site rendering of the proposed wall or façade upon which the mural would be installed or affixed. • An aerial map providing the location where the proposed mural would be installed and photographs of the site location and its immediate surroundings. • A narrative that includes a written description of the proposed mural, the project timeline, budget, and funding sources. • Resume’ or biography for each artist involved in the design of the mural that includes a list of examples of their previous muralwork projects and the location oftheir role in each project. Page 10 of 17  • A maintenance plan that includes the proposed timeline or lifespan of the mural, information on wall preparation, proposed materials, installation process, information on the intended protective coating to be used, and a statement attesting that the coating will be applied in order to preserve the integrity of the building, structure, and mural. Application Process 1. Application submission to the Beautification Commission via the Village Manager’s office. Village Manager’s office staff to confirm application completeness. 2. Initial staff review and memorandum to the Beautification Commission. 3. The Beautification Commission reviews and recommends approval, approves recommendation with modifications, or denies a recommends denialation based on the standards for public art mural approval. 4. If approved, permission is granted by Board Resolution subject to the installation provisions and a signed Maintenance agreement from the artist and property owner and a signed waiver of rights under the Federal Visual Artist Rights Act. The proposed duration allowing a public art mural is five (5) years maximum, with an opportunity to extend an additional three (3) years if well-maintained and approved by Beatification Commission. Standards of Mural Approval 1. The Public Art Mural content shall meet the Code definition and be focused on presenting history, storytelling or placemaking content. 2. The public art mural content should inspire, educate, or advocate for at least one aspect of the community vibrancy, diversity, traditions, or family-friendly character of Brookfield. 3. The applicant demonstrates that the intended materials will be effective for long-term durability and exposure to the elements, and that the public art mural will be sealed with anti-graffiti and UV resistant coating by the artist upon completion of the mural. 4. The applicant provides a schedule for maintenance which the property owner has agreed to follow for a five year term following completion of mural installation. 5. The public art mural will not create a danger for motorists or pedestrians, nor will it limit the use or enjoyment of an adjacent property or a property with a clear line of sight to the mural. 6. The surface on which the public art mural is to be applied does have appropriate structural integrity to support the chosen application method. Page 11 of 17  Village of Brookfield Village Manager’s Office 8820 Brookfield Avenue, Brookfield, Illinois 60513-1688 (708) 485-7344 • www.brookfieldil.gov Public Art Mural Application Property Owner Information Full Name: Address: Email Address: Phone number: Artist Information (Please attach Resume or Biography) Name: Address: Website: Email Address: Phone number: Project Information Mural description: Describe how the standards are met: Location on building: Dimensions: Art Medium(s): Installation timeframe: Project budget: Attachments  Color rendering(s), including mock-up with public art mural shown on building elevation  Aerial map indicating public art mural location  Photographs of site and surrounding area  Project Narrative (include how standards are met)  Artist Biography or Resume (please explain previous work and provide locations)  Maintenance Plan Printed name of Applicant Signature of Applicant Date STAFF USE ONLY BELOW THIS LINE BBC meeting date: ____ Recommendation: Y N VB Resolution date: _________________ Page 12 of 17  - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE VI. - COMMITTEES, BOARDS, COMMISSIONS, AND OTHER VILLAGE BODIES DIVISION 3. - ADVISORY COMMITTEES Subdivision II. Beautification Commission Subdivision II. Beautification Commission 1 Sec. 2-506. Creation. The village has created an advisory committee to be designated as the beautification commission. ( Ord. No. 2016-25, § 3, 5-9-2016) Sec. 2-507. Membership; compensation; qualifications; chairperson. The beautification commission shall be comprised of seven members, appointed by the president with the consent of the village board of trustees, and shall serve without compensation. Membership of the beautification commission may include nonresidents, provided that not less than six members of the beautification commission shall be residents or persons who own property located within village corporate limits. The village president shall appoint a chairperson from among the appointees. ( Ord. No. 2016-25, § 3 , 5-9-2016) Sec. 2-508. Term; vacancies. Initially, three members shall be appointed for terms of one year; two members for terms of two years; and two members for terms of three years. All vacancies to the beautification commission shall be appointed for the unexpired term in the same manner as the original appointments. The successor to each initial member shall be appointed or reappointed for a term of three years. ( Ord. No. 2016-25, § 3 , 5-9-2016) Sec. 2-509. Compensation; expenses. No member or officer of the beautification commission shall be entitled to compensation for service on the beautification commission, provided, however, that members may be reimbursed for actual expenditures, provided that they have received prior authorization from the village manager for each such expenditure. ( Ord. No. 2016-25, § 3 , 5-9-2016) Sec. 2-510. Duties. The beautification commission shall make findings of fact and advisory recommendations to the village president and board of trustees at least four times annually. Such findings and recommendations shall include, but Ord. No. 2016-25, § 3, adopted May 9, 2016, repealed the former Subdiv. II, §§ 2-506—2-512, and enacted a new 1 subdivision as set out herein. The former Subdiv. II pertained to Beautification Committee. See Code Comparative Table for a detailed history of derivation. Brookfield, Illinois, Code of Ordinances Created: 2023-02-28 13:03:40 [EST] (Supp. No. 28) Page 1 of 3 Page 13 of 17 are not limited to, identifying activities to promote community beautification and aesthetic improvements in public spaces, nominating awards to business and homeowners to recognize private beautification efforts, organizing volunteer cleanups and plantings, providing advisory recommendations regarding streetscaping programs and public art mural submissions to the village staff, and performing such other duties as are appropriate. ( Ord. No. 2016-25, § 3 , 5-9-2016) Sec. 2-511. Regular meetings of the beautification commission. The beautification commission shall regularly meet on the second Tuesday of each month at the hour of 6:30 p.m., in the Edward Barcal Hall in the Municipal Building, 8820 Brookfield Avenue, Brookfield, Illinois, or at such other location within the village as the beautification commission may by notice thereof provide. ( Ord. No. 2016-25, § 3 , 5-9-2016; Ord. No. 2022-47 , § 2, 10-10-2022) Sec. 2-512. Meetings; notice. (a) Special meetings of the beautification commission may be called by the chairperson or any two commission members of the beautification commission. Meetings of the beautification commission may be rescheduled or reconvened by the chairperson. (b) Written notice stating the place, date, and hour of the special, rescheduled or reconvened meeting, including the agenda for the meeting, shall be delivered not less than 48 hours before the time of the meeting, either personally or by mail, by or at the direction of the chairperson, or in the case of a special meeting called by the commission members, by or at the direction of the commission members calling the meeting, to each commission member and to any news medium that has given the village an address or telephone number within the village at which such notice may be given. (c) If mailed, such notice shall be deemed to be delivered when deposited with the United States Postal Service, addressed to the commission member or news medium at the address as it appears on the records of the village, with postage thereon prepaid. (d) When a meeting is reconvened to another time within 24 hours, notice need not be given to the commission members or news medium of the reconvened meeting if the time and place thereof are announced at the meeting at which the adjournment is taken. In addition to notice to the commission members and news medium, public notice of any special meeting, any rescheduled regular meeting or of any reconvened meeting, shall be given at least 48 hours before such meeting, which notice shall also include the agenda for the special, rescheduled, or reconvened meeting. (e) The requirement of public notice of reconvened meetings does not apply to any case where the meeting was open to the public and it is to be reconvened within 24 hours, or an announcement of the time and place of the reconvened meeting was made at the original meeting and there is no change in the agenda. (f) Public notice of regular and special meetings of the beautification commission shall be given by posting a copy of the notice not less than 48 hours before the time of the meeting at the municipal building and, if the meeting is to be held at a location other than the municipal building, at the building in which the meeting is to be held and posted on the village website. ( Ord. No. 2016-25, § 3 , 5-9-2016) Created: 2023-02-28 13:03:40 [EST] (Supp. No. 28) Page 2 of 3 Page 14 of 17 Secs. 2-513—2-532. Reserved. Created: 2023-02-28 13:03:40 [EST] (Supp. No. 28) Page 3 of 3 Page 15 of 17  - CODE OF ORDINANCES Chapter 41 – PUBLIC ART MURAL PROGRAM Chapter 41 PUBLIC ART MURAL PROGRAM ARTICLE I. IN GENERAL Sec. 41-01. Establishment. There is hereby created and established a public art mural program for the Village. Sec. 41-02. Purpose. The public art mural program is designed to enhance the character and aesthetics of the community as well as embody walls with history, storytelling and placemaking that will help distinguish the Village from other communities. Sec. 41-03. Definitions. Public Art Mural means a large painting or other work of visual art applied directly on the side exterior wall of a building visible from a public right-of-way or other public area. A Public Art Mural shall not function as signage or advertisement for an on-site or off-site business and shall not contain hidden or overt text, logos, symbols, slogans, or trademarks that convey commercial content and/or advertise for products or services Sec. 41-04. Program administration. The Beautification Commission shall manage and administer the public art mural program on behalf of the Village. The Village Manager shall develop, publish and, when necessary and prudent to the administration of the program, may amend program guidelines consistent with this article to administer the public art mural program on behalf of the Village and to guide participants on the terms, conditions, and requirements for participation in the program. The Village Board of Trustees are authorized to issue resolutions approving public art murals as recommended by the Beautification Commission. Sec. 41-05. Eligibility. To be eligible for the public art mural program, a building must be located within one of the designated zoning districts in the village. Public Art Murals shall be permitted uses in the C-1, SA-1, C-3, C-4 and I-1 zoning districts. Sec. 41-06. Application requirements. A public art mural application shall be submitted to the Village Manager’s office which includes the following documents: 1. A color rendering of the proposed mural, including dimensions and a site rendering of the proposed wall or façade upon which the mural would be installed or affixed. 2. An aerial map providing the location where the proposed mural would be installed and photographs of the site location and its immediate surroundings. 3. A narrative that includes a written description of the proposed mural, the project timeline, budget, and funding sources. 4. Resume’ or biography for each artist involved in the design of the mural that includes a list of examples of their previous mural projects work and the location of each project. Page 1 of 2 Page 16 of 17  5. A maintenance plan that includes the proposed timeline or lifespan of the mural, information on wall preparation, proposed materials, installation process, information on the intended protective coating to be used, and a statement attesting that the coating will be applied in order to preserve the integrity of the building, structure, and mural. Sec. 41-07. Standards for Approval. A public art mural application shall be reviewed according to the following standards: 1. The public art mural content shall meet the code definition and be focused on presenting history, storytelling or placemaking content. 2. The public art mural content should inspire, educate, or advocate for at least one aspect of the community vibrancy, diversity, traditions, or family-friendly character of Brookfield. 3. The applicant demonstrates that the intended materials will be effective for long-term durability and exposure to the elements, and that the public art mural will be sealed with anti-graffiti and UV resistant coating by the artist upon completion of the mural. 4. The applicant provides a schedule for maintenance which the property owner has agreed to follow for a five year term following completion of mural installation. 5. The public art mural will not create a danger for motorists or pedestrians, nor will it limit the use or enjoyment of an adjacent property or a property with a clear line of sight to the mural. 6. The surface on which the public art mural is to be applied does have appropriate structural integrity to support the chosen application method. Sec. 41-08. Installation provisions. A public art mural shall be installed in compliance with the following provisions: 1. Public Art Murals shall be permitted uses in the C-1, SA-1, C-3, C-4 and I-1 zoning districts. 2. Public Art Murals are limited to one (1) wall per building and one (1) per zoning lot. 3. Public Art Murals are limited to secondary facades, not primary street frontages. 4. Public Art Murals shall not interrupt major architectural features such as doors and windows. 5. Public Art Murals must be at least 64 square feet in size. 6. A Public Art Mural may not extend more than 6 inches from the plane of the wall it is placed upon. 7. Public Art Murals shall be applied with materials manufactured with the expectation of long- term durability and exposure to the elements. 8. Public Art Murals shall be sealed with anti-graffiti and UV resistant coating by the artist upon completion of the mural. 9. Public Art Murals shall not be illuminated by artificial lighting. 10. Approved Public Art Mural projects must execute a Maintenance Agreement with the Property Owner. 11. Property owners on both sides of the same block where an approved Public Art Mural will be installed should be notified in writing of the installation. 12. No more than four (4) Public Art Murals may be approved per year. Page 2 of 2 Page 17 of 17