minor development plan review application for murals …

MINOR DEVELOPMENT PLAN REVIEW APPLICATION FOR MURALS AND

REPAINTS

COMMERCIAL + INDUSTRIAL + RESIDENTIAL + MIXED-USE

Community Development Department Planning Division

31 East 5th Street, Garden Level East Tempe, Arizona 85281 (480) 350-8331 or (480) 350-8400 TDD

Revised December 3, 2019

A Minor Development Plan Review application for murals and repaints require review and issuance of a decision by staff authorized to administer the Zoning & Development Code. Murals cannot contain sign copy or logos

(i.e. graphics, identification, advertising, or directional information for a specific business, service, organization, person, place, or building). Murals

also cannot cover doors and windows; use metallic paint, reflectors, rotating lights or lights pointing towards the street; contain new electrical or lighting components; extend beyond the surface of the building wall or have

materials that fasten to the wall; or be installed on a designated historic property.

Submit / ResubmitPlanning Application

Deadline: Monday 5 p.m. or next business day if Monday

is a holiday

Substantive Review Comments or decision due within 15 business

days of submittal deadline

Incomplete SubmittalReturn to applicant

Substantively Incomplete

Revisions required; comments emailed to

applicant

Planning Application Review Process

Administrative Completeness

ReviewConducted within

2 business days of submittal date

*Any appeal of an administrative decision shall be filed pursuant to Part 6, Chapter 8, Appeals, no later than fourteen (14) calendar days after the dateon which the decision was rendered.

Revised 11/14/2019

City of TempeCommunity Development Department

31 East 5th Street, Garden Level, Tempe, Arizona 85281(480) 350-4311 Fax: (480) 350-8677

Planning Fax: (480) 350-8872http://www.tempe.gov/planning

Notice of Decision*

CompleteSubmittal

Assign to planner following submittal

deadline

Proceed to any required licensing

and/or building permit/clearance

applications

Substantively Complete

Notice of Decision emailed to applicant

of record

Minor DPR Application for Murals and Repaints of 7

All applications must be accompanied by the required plans, submittal materials, and correct fee(s)

Form Revised 5/7/2019

Planning Application Submittal Form Part 1 of 2

City of Tempe Community Development Department

31 East 5th Street, Garden Level, Tempe, Arizona 85281 (480) 350-4311 Fax (480) 350-8677

Planning Fax (480) 350-8872http//www.tempe.gov/planning

PROJECT INFORMATION – REQUIRED

PROJECT NAME EXISTING ZONING

☐

PROJECT ADDRESS SUITE(S) ☐

PROJECT DESCRIPTION PARCEL NO(S) ☐

PROPERTY OWNER INFORMATION – REQUIRED (EXCEPT PRELIMINARY SITE PLAN REVIEW & SIGN TYPE K)

BUSINESS NAME ADDRESS

CONTACT NAME CITY STATE ZIP

EMAIL PHONE 1 PHONE 2

I hereby authorize the applicant below to process this application with the City of Tempe.

PROPERTY OWNER SIGNATURE or attach written statement authorizing the applicant to file the application(s)

X DATE

APPLICANT INFORMATION – REQUIRED

COMPANY / FIRM NAME ADDRESS


EMAIL PHONE 1 PHONE 2

I hereby attest that this application is accurate and the submitted documents are complete. I acknowledge that if the application is deemed to be incomplete it will be returned to me without review, to be resubmitted with any missing information.

APPLICANT SIGNATURE X DATE

BUSINESS INFORMATION – REQUIRED FOR USE PERMITS & SIGN DPRs

BUSINESS NAME ADDRESS


TYPE OF BUSINESS PHONE EMAIL

FOR CITY USE ONLY

DS TRACKING # FILE APPLICATION WITH CE / CM / IP TRACKING #

DATE RECEIVED (STAMP) VALIDATION OF PAYMENT (STAMP)

PL TRACKING #

SPR TRACKING # (if 2nd or 3rd submittal,

please use Planning Resubmittal Form)

TOTAL APPLICATION FEES

RECEIVED BY INTAKE STAFF (INITIALS)

SEE REVERSE SIDE FOR REQUIRED PROJECT DATA

☑ APPLICATION (Check all that apply)

QTY SPECIFIC REQUEST (See Planning & Zoning Fee Schedule for types)

FOR CITY USE ONLY (Planning record tracking numbers)

☐ A. PRELIMINARY SITE PLAN REVIEW SPR

☐ B. ADMINISTRATIVE APPLICATIONS ADM

☐ C. VARIANCES VAR

☐ D. USE PERMITS / USE PERMIT STANDARDS ZUP

☐ E. ZONING CODE AMENDMENTS ZOA ZON

☐ F. PLANNED AREA DEVELOPMENT OVERLAYS PAD REC

☐ G. SUBDIVISION / CONDOMINIUM PLATS SBD REC

☐ H. DEVELOPMENT PLAN REVIEW DPR

☐ I. APPEALS

☐ J. GENERAL PLAN AMENDMENTS GPA

☐ K. ZONING VERIFICATION LETTERS ZVL

☐ L. ABATEMENTS CE CM

☐ M. SIGN TYPE K GO SE

TOTAL NUMBER OF APPLICATIONS


http://www.tempe.gov/planning

https://www.tempe.gov/government/community-development/planning/fees

All applications must be accompanied by the required plans, submittal materials, and correct fee(s)

Form Revised 5/7/2019

Planning Application Submittal Form Part 2 of 2

City of Tempe Community Development Department

31 East 5th Street, Garden Level, Tempe, Arizona 85281 (480) 350-4311 Fax (480) 350-8677

Planning Fax (480) 350-8872http//www.tempe.gov/planning

For additional information on Municipal Regulations see AZ Revised Statutes- Title 9, Chapter 7, Article 4 https//www.azleg.gov/arstitle/

9-834. Prohibited acts by municipalities and employees; enforcement; noticeA. A municipality shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, ordinance or code. A general

grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition. B. Unless specifically authorized, a municipality shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable. C. This section does not prohibit municipal flexibility to issue licenses or adopt ordinances or codes. D. A municipality shall not request or initiate discussions with a person about waiving that person's rights. E. This section may be enforced in a private civil action and relief may be awarded against a municipality. The court may award reasonable attorney fees, damages and all fees associated

with the license application to a party that prevails in an action against a municipality for a violation of this section. F. A municipal employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the municipality's adopted

personnel policy. G. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02. H. For additional information see ARS 9-831-9-840.

9-836. License application process A municipality that issues licenses shall provide the following information to an applicant at the time the applicant obtains an application for a license

1. A list of all the steps the applicant is required to take in order to obtain the license. 2. The applicable licensing time frames. 3. The name and telephone number of a municipal contact person who can answer questions or provide assistance throughout the application process. 4. The website address and any other information, if applicable, to allow the regulated person to use electronic communication with the municipality. 5. Notice that an applicant may receive a clarification from the municipality of its interpretation or application of a statute, ordinance, code or authorized substantive policy statement as

provided in section 9-839.

PROJECT DATA (as applicable)

GENERAL PLAN PROJECTED LAND USE PROPOSED RESIDENTIAL DENSITY (DU/AC)

GENERAL PLAN PROJECTED DENSITY # OF UNITS

CURRENT ZONING # OF BEDROOMS / KEYS (IF HOTEL)

PROPOSED ZONING TOTAL BUILDING SQUARE FOOTAGE (GROSS)

GROSS ACRES REQUIRED FOR GENERAL PLAN AMENDMENT, PAD &

DEVELOPMENT PLAN REVIEW REQUEST (actual property boundaries, excludes existing ROW, i.e. not

measured to the ½ street or alley)

TOTAL BUILDING HEIGHT

NET ACRES REQUIRED FOR ZONING AMENDMENT

(same as gross unless ROW is to be dedicated)

LOT COVERAGE (% AND S.F.)

# OF EXISTING LOTS LANDSCAPE AREA (% AND S.F.)

# OF PROPOSED LOTS / CONDO UNITS REQUIRED FOR PLAT

TOTAL ONSITE PARKING PROVIDED

Know Your Rights Arizona Revised Statutes (ARS) and Your Request


http://www.tempe.gov/planning

https://www.azleg.gov/arstitle/

Revised 1/2/2020

Minor Development Plan Review Application for Murals and Repaints Part 1 of 1 CITY USE ONLY PL-Project #:____________________

Prov

ided

Items Required for a Complete Application Below is a checklist of documents and plans required for a complete application, depending on scope of work. Missing items will deem an application incomplete. Correctly date/label all documents and plans. DO NOT bind documents and plans. Refer to the right-hand columns for required sheet sizes of each required item. All 11”x17” size sheets must be folded to 8 ½”x11” sheets, and all 24”x36” sheets must be folded to 9”x12” sheets.

*Building repaints for large commercial, industrial, mixed-use, and residential developments/complexes are encouraged to submit full size24”x36” sheets.

Required Sheet Size(s)

8 ½

”X11

” 11

”X17

” *2

4”X3

6"

☐ 1. Completed Planning Application Form with Property Owner AuthorizationForm is provided on pages 3. Project data table on Page 4 does not apply for murals and repaints.

✔

☐ 2. Correct Fee Payment(s)Refer to line item for a Minor Development Plan Review application fee in the Zoning and Development FeesSchedule

Only Murals

☐ 3. Artist Waiver of Rights Under the Visual Artists Rights Act of 1990 (VARA)Information and form are provided on pages 5 and 6 of this application packet.

✔

☐ 4. Letter of ExplanationThe letter must provide information about the artist (biography and/or artist resume)When considering the mural content, please consult with the Character Area in which the building is located. The following link will directyou to the City of Tempe Character Area website for more information:https://www.tempe.gov/government/community-development/character-areas

✔

☐ 5. Artwork design in color ✔

☐ 6. Site plan or aerial photo that identifies site, buildings, and walls where the art mural will be installed ✔

☐ 7. Photos of affected buildings and wallsMaximum of 6 photos per sheet

✔

☐ 8. Building Elevations/Renderings showing where on the wall the mural is proposed, dimensioned ✔

Only Repaints

☐ 9. Letter of ExplanationThe letter must provide a brief statement, identifying the project goals and objectivesWhen considering the paint color palette for repaints, please consult with the Character Area in which the building is located. The followinglink will direct you to the City of Tempe Character Area website for more information: https://www.tempe.gov/government/community-development/character-areas

✔

☐ 10. Site plan or aerial photo that identifies site, buildings, and walls that are to be repainted ✔

☐ 11. Building Elevations showing rendered repaint, labeled and dimensioned as necessary ✔

☐ 12. Actual paint chip cards or swatchesProvide primary building colors with a light reflectance value of 75 percent or less

✔

☐ 13. Photos of affected buildings and wallsMaximum of 6 photos per sheet

✔

Both Murals and Repaints

☐ 14. Electronic Complete Application Submittal:One labeled USB-Flash-Drive or Optical Disc When converted to Portable Document Format (PDF), the plan sheets shall be saved in the horizontal (landscape) position, so the top

of the page is always at the top of the computer monitor. All plans shall be provided in 24"x36", 11”x17”, and/or 8 ½”x11” size sheets; depending on the sheet size requirements. The documents shall be submitted in an Adobe Portable Document Format (PDF) compatible with Adobe Acrobat X (10) Professional. PDF’s shall be flattened first generation vector-based file (direct conversion from AutoCAD, ArchiCAD, MS Word, etc.) and shall have

security settings set to "Allowed" to allow plan reviewers to place comments on plans. All sheet file names shall match or include the sheet number shown on the respective sheet title block and plan sheet index. The file

name can also include a brief description of the plan sheet such as Title Sheet, Floor plan, Building Elevations, etc. Corrected plan sheets submitted for second or subsequent reviews shall use their respective original file name.




https://www.tempe.gov/government/community-development/character-areas



Notice to Property Owners regarding the Visual Artist Rights Act (VARA):

When an artist paints a mural on a building or a wall, the artist will own the copyright in that mural (for the design)

once it is created, unless it is considered a work for hire or the artist assigns or transfers the copyright to the property

owner through a contractual arrangement. The owner of the building or wall however is the owner of that particular

“copy” of the artwork.

Under VARA, works of art that are completed by an artist “of recognized stature” afford their authors additional

rights in the works, regardless of any subsequent physical ownership of the work itself, or regardless of who holds the

copyright to the work. This includes the removal, replacement, alteration, or destruction of public works of art such

as murals. Determining whether a particular mural is of “recognized stature” requires a factual analysis as to whether

the work is viewed as meritorious and recognized by art experts, other members of the artistic community or some

other cross‐section of society and this can involve recognition of the work itself or of the artist. VARA does not pro‐

tect advertising, promotional or utilitarian works.

VARA exclusively grants authors of works that fall under the protection of the Act the following rights:

• Right to claim authorship

• Right to prevent the use of one's name on any work the author did not create

• Right to prevent use of one's name on any work that has been distorted, mutilated, or modified in a way that would

be prejudicial to the author's honor or reputation

• Right to prevent distortion, mutilation, or modification that would prejudice the author's honor or reputation

Under VARA, before a qualifying artwork could be painted over, changed, moved, or destroyed, the property owner

would need to give 90 days’ notice to the artist before taking any action. Failure to give such notice could result in

damages being assessed against the property owner if the artist successfully sues the property owner for any viola‐

tions of such rights under VARA.

Therefore, property owners may want to ask artists to sign a VARA waiver in the event that they want to sell the

property, remove the artwork, or replace the mural in the future. For more information on VARA see http://

greetingstour.com/vara.pdf. If the artist wants to retain VARA rights, and if practical and agreed to by the property

owner, the mural could be painted on a removable medium, however, physical ownership of the mural should then

be determined between the artist and the property owner and their respective rights should be determined contrac‐

tually. Both parties should consult legal counsel for further guidance. For an example of a VARA waiver, see attached.


ARTIST WAIVER OF RIGHTS UNDER THE VISUAL ARTISTS RIGHTS ACT OF 1990 (VARA)

I, , am the artist who will paint or has painted the mural located at

on the private property of (“Property Owner”) and as

such do hereby waive and release the Property Owner from any claims, past, present or future that I

may have had, have or may have in the future related to the mural, including but not limited to, any

moral rights I may have had, have or may have in the future, including all notification rights, the right of

attribution and the right of integrity, as well as any rights I may have had, have or may have in the

future under the Visual Artists Rights Act of 1990 (“VARA”).

Artist Signature: Date:


minor development plan review application for murals …

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