(a) Purpose. The regulations of this section establish a public review process for the approval of outdoor works of art and will ensure that such works of art are constructed, situated and installed in a manner which protects the public safety.
(b) Applicability. This section shall apply to any work of art which is to be installed in an outdoor location and which will be visible from a public street or from another property. Customary holiday decorations and lighting shall not be subject to the provisions of this section.
(c) Building Permit Requirement. Except artwork which is painted onto or similarly applied to the surface of a building or other structure, and artwork which is composed exclusively of landscaping, every outdoor work of art shall be classified as a “structure” under the Zoning Code and shall be subject to Building Permit requirements applicable to structures pursuant to Chapters 327 and 3105 of the Codified Ordinances.
(d) City Planning Commission Approval. Except as provided in division (e) of this section, every outdoor work of art, whether or not such work of art is classified as a structure, shall be installed or displayed only after the approval of the City Planning Commission, acting in consultation with its designated review committee.
(e) Exceptions. An outdoor work of art which will be displayed for a period of thirty (30) days or less shall not be subject to approval by the City Planning Commission. In residential zoning districts, an outdoor work of art which is not more than four (4) feet in height and four (4) feet in width or which is not more than six (6) feet in height and two (2) feet in width shall not be subject to the provisions of this section, but shall be subject to all otherwise applicable sections of these Codified Ordinances.
(f) Issuance of Building Permit. The Commissioner of Building and Housing shall issue a permit for an outdoor work of art only, after approval by the City Planning Commission, if such approval is required, and only after determining that the work of art will not create safety hazards and that it meets all applicable provisions of the Building, Fire and Zoning Codes.
(g) Zoning Variances. Approval by the City Planning Commission of an outdoor work of art which fails to meet one (1) or more provisions of the Zoning Code shall eliminate the need for otherwise required action by the Board of Zoning Appeals.
(h) Meeting Notice Requirements. If the outdoor work of art is to be located within one hundred (100) feet of a residential zoning district, approval may be granted under division (g) of this section only after written notification to affected property owners. In such cases, the City Planning Commission shall send written notice to all owners of property located within two hundred (200) feet of the subject property. Such notice shall be mailed or delivered at least ten (10) days prior to the meeting at which the proposal will be considered and shall provide information regarding the nature of the proposal and the time and place of the City Planning Commission meeting.
(Ord. No. 876-94. Passed 6-13-94, eff. 6-18-94)