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CITY OF NORTH OLMSTED <br />ORDINANCE NO.2025 - 36 <br />BY: Mayor Jones <br />AN ORDINANCE ESTABLISHING AND ADOPTING NEW SECTION <br />159.05 OF CHAPTER 159 (ARTS COMMISSION) OF THE CODIFIED <br />ORDINANCES OF THE CITY OF NORTH OLMSTED IN ORDER TO <br />PROVIDE REVIEW STANDARDS FOR CREATION OF MURALS ON <br />PEE COMMERCIAL PROPERTY, ASAMENDED. <br />WHEREAS, Chapter 159 provides for the Arts Commission; and <br />WHEREAS, the Arts Commission proposes and the Director of Economic and <br />Community Development recommends that the Council adopt standards for the Commission to <br />review and approve the creation and installation of decorative murals on commercial prate <br />property; and <br />WHEREAS, it is the desire of Council to enable the Arts Commission to review and <br />approve murals on commercial private property by the adoption of standards in Section 159.05. <br />NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That new Section 159.05 of Chapter 159 (Arts Commission) of the <br />Codified Ordinances, which shall read as follows: <br />159.05 APPLICATION FOR COMMERCIAL. PRIVATE PROPERTY MURALS. <br />(a) The Arts Commission shall accept applications for artwork on commercial private <br />properties and may approve installations of artwork that would otherwise be subject to <br />development plan review in accordance with Chapter 1126 Development Plan Review. To the <br />extent that any artwork installation impacts the zoning compliance of an approved site plan, <br />additional zoning board and commission reviews shall be required. Upon review and approval as <br />public art , pursuant to exemption in Chapter 1163 Signs, copies of <br />the Arts Commission's approval shall be provided to the Building Department for its property <br />file. <br />(1) Application. The application will require the property owner or agent to submit <br />information responsive to the review criteria, which are listed below. The application will <br />be considered at a regular or special meeting of the Arts Commission. Notification will <br />be provided to surrounding property owners. Approval by a super majority (213) of Arts <br />Commission members is required. <br />(2) Authorization and Release. The authorization of the property owner, as reflected by <br />the application form, may be conditioned upon and withdrawn in the absence of <br />agreement with the artist's proposed artwork. The property owner's authorization may <br />also be conditioned upon and require the artist's agreement to limit rights of attribution <br />and integrity under the Visual Artists Rights Act of 1990 (VARA), 17 USC 101, et seq., <br />which may include the artist's waiver and release of any claims against the property <br />owner and the City of North Olmsted. Authorization and Release forms shall be included <br />with the application form. <br />