4-9-160 PUBLIC ART EXEMPTION PROCEDURE:
A. PURPOSE: (Reserved)
B. APPLICABILITY:
“Objects of art” for the purposes of this Section shall include, but not be limited to, sculptures, wall paintings, murals, collages or banners by artists recognized by the Renton Municipal Arts Commission and when consistent with guidelines, if any, established by the Renton Municipal Arts Commission. (Ord. 4401, 5-3-1993)
C. CRITERIA FOR EXEMPTIONS FROM SIGN CODE REQUIREMENTS:
Objects of art are exempt from the requirements of the City’s Sign Code when:
1. Sited in a manner as to be readily accessible to pedestrians for passive viewing;
2. Sited in a manner so as not to unduly divert the attention of motorists from the roadway;
3. Stationary and do not revolve or otherwise move;
4. Not illuminated;
5. In good taste and reasonably reflect acceptable community values;
6. Of sufficient durability so as to have a life expectancy of at least ten (10) years;
7. Not used or referred to in the media or by the owners of the premises or operators of businesses contained thereon for business advertising purposes.
D. EXEMPTION CERTIFICATE REQUIRED FOR PUBLIC ART:
Before a proposed object of art may be exempted from the City’s Sign Code, the property owner or his/her representative shall apply for and be granted a public art exemption certificate by the City. Placement of objects of art exempted from the Sign Code must comply with the other provisions of the City’s Zoning and Building Codes.
E. EXEMPTION APPLICATION PROCEDURE:
Applicants must submit an application with the appropriate filing fees according to the City’s established fee schedule to the Department of Community and Economic Development. The application shall include five (5) sets of photographs, scaled drawings, and/or three (3) dimensional depictions of the proposed objects/surfaces to be exempted, a biographical sketch of the artist, and appropriate site plans and wall elevations depicting the location of the objects of art. (Ord. 5676, 12-3-2012)
F. STAFF REVIEW OF EXEMPTION REQUESTS:
If the Community and Economic Development Administrator determines that there is no issue as to the artistic merit of the proposed object, then the applicant shall be issued a public art exemption certificate. Appeals from administrative decisions may be filed as referenced in RMC 4-8-110,
Appeals. (Ord. 4401, 5-3-1993; Amd. Ord. 4720, 5-4-1998; Ord. 5676, 12-3-2012)
G. SPECIAL ARTS COMMISSION REVIEW OF EXEMPTION REQUESTS:
If the Community and Economic Development Administrator determines that there is an issue as to the artistic merit of the object, then upon receipt of a completed application the Department of Community and Economic Development shall forward the application to the Renton Municipal Arts Commission for review and recommendation and shall notify the applicant of the date the application was transferred to the Commission.
1. Commission Review and Recommendations: The Renton Municipal Arts Commission, following adopted procedures, shall review and transmit to the Department of Community and Economic Development a recommendation on the application not later than forty five (45) days from the date of acceptance of a complete application, in accordance with the following procedures.
2. Renton Municipal Arts Commission Role Regarding Public Art Exemption Certificate: The role of the Commission shall be to: (1) recommend whether proposed objects of art reasonably reflect acceptable community values; (2) recommend whether the proposed siting location, size/scale, etc., are appropriate for public display; (3) recommend whether adequate provisions have been made for public access and passive viewing of the objects of art; and (4) to determine whether the objects of art are consistent with the Commission’s established guidelines and are by a recognized artist.
3. Determination of Artist Recognition: In determining that an artist is recognized, the Renton Municipal Arts Commission shall establish a panel, consisting of three (3) Renton Municipal Arts Commissioners and two (2) artists or instructors who are actively engaged in the medium used to create the proposed object of art for which exemption has been applied, which shall determine whether or not said proposed object of art meets or exceeds the standards generally accepted for that medium, and whether or not media and technique show competency and quality of workmanship.
4. Fee: A separate fee, up to a maximum of three hundred dollars ($300.00), will be charged to the applicant for the costs associated with the Renton Municipal Arts Commission’s selection of the peer review panel. This fee will be determined by the Renton Municipal Arts Commission. (Ord. 5676, 12-3-2012)
H. FINAL AUTHORITY:
After reviewing the recommendation of the Renton Municipal Arts Commission, the Community and Economic Development Administrator shall make a determination as to whether a public art exemption certificate shall be issued. (Ord. 5676, 12-3-2012)
I. APPEAL:
If, after reviewing the recommendation of the Renton Municipal Arts Commission, the Community and Economic Development Administrator determines that the public art exemption is denied, the applicant may appeal that determination to the Hearing Examiner pursuant to RMC 4-8-110, Appeals.
1. Standing and Authority for Hearing Appeal: If, after reviewing the recommendation of the Renton Municipal Arts Commission, the Community and Economic Development Administrator determines that the public art exemption is denied, the applicant may appeal that determination to the Hearing Examiner. The decision from which the appeal is taken will be an administrative decision for purposes of appeal.
2. Transmittal of File and Staff Report to Examiner: On appeal, the Department of Community and Economic Development shall submit the official file, including one set of the application materials together with the recommendation of the Renton Municipal Arts Commission and a staff report, to the Hearing Examiner at least ten (10) days prior to the Hearing Examiner’s scheduled public hearing on this item. (Ord. 4401, 5-3-1993; Ord. 5676, 12-3-2012)