Portland Artists Have New Outlet to Display Public Art

By Emily Knudsen
Published: September 29, 2009

New public art projects are popping up across the Pacific Northwest. Some of Seattle’s traffic signal boxes are getting a makeover, as artists add decorative touches to them. Vancouver, Canada, in anticipation of the 2010 Olympic Games, recently announced a public art initiative to “reveal, surprise, challenge and celebrate” the city. And Portland kicked off an Original Arts Mural project in early August.  

Public art projects like these can help revitalize communities, and define cities’ histories and personalities.

That was the intent behind Portland’s program, which creates a free-form avenue for muralists to express themselves and makes it easier for business owners to incorporate art into their buildings. In this article, Northwest Hub takes a look at the background and permitting requirements for Portland’s new program.

Background

Portland’s first mural program, the Public Art Mural project, was spurred on by a legal battle. In the late 1990s, the Multnomah County Circuit Court deemed Portland’s city code regulating signs, Title 32, unconstitutional. The court argued that the code unevenly applied the concept of free speech because it regulated signs, but exempted all murals. As a result, the city was forced to begin regulating murals under the same regulations as signs. The artistic community found that the 200-square-foot size limitation hindered the creation of murals.

To address this problem, the administration of then-Portland Mayor Vera Katz began the Public Art Mural project in 2005. Title 32 was revised to exempt all forms of public art from sign regulations, including publicly funded murals. Under the program, mural designs are submitted to the Regional Arts and Culture Council (RACC), which reviews the proposed placement of the mural, the amount of community involvement and quality of the work.

Murals approved by the RACC are eligible to receive up to $10,000 in public funds for creation and installation. More than two dozen murals have been created under this program so far. (Pictures of all the murals participating in the program can be viewed here.)

Despite its early success, the program also faced a few challenges. Portland City Planner Phil Nameny explained that some artists were not comfortable with RACC’s authority to nix proposed mural projects based on artistic merit and content. Additionally, building owners wishing to incorporate a mural had to grant an easement to the city for access to the publicly-owned artwork. Some property owners, who would otherwise be happy to display a mural, were unwilling to relinquish certain rights of access to the city.

Muralists and building owners approached the Portland City Council to ask for the creation of an alternative program that would allow for more freedom of expression and private ownership of the artwork.

City council responded with the formation of the Mural Working Group, which united muralists, members of the community, and representatives from the Bureau of Planning and Sustainability (BPS), the Bureau of Development Services (BDS), the Portland City Attorney’s Office and the RACC. The group’s goal was to create a new permitting process that would resolve the concerns of both muralists and property owners.

The fruits of their labor culminated in Title 4, the Original Art Murals program. Title 4 allows murals to be installed without a content review and without the granting of a public easement. 

Permitting Requirements

Permits are required to display murals under Title 4 if the work is not a public art mural (otherwise, it will be regulated more strictly as a sign under Title 32 of the city code). After submitting all the paperwork to obtain a permit, the city asks the applicant to hold a public meeting to discuss the artwork.

One of the goals of the program, according to the City of Portland’s website, is to increase “community participation…and community building through the presence of…original works of art.”  The “neighborhood contact” process is included in order to accomplish that goal. Open meetings are to be held in the neighborhood where the mural is installed so that community members can provide input on the mural’s creation and content. (While applicants are encouraged to incorporate suggestions from the community, they are not required to.)

Permitted murals are not to be allowed in public rights-of-way—only on building facades—and not on buildings protected for their architectural or cultural value. Murals are also restricted to non-street-facing walls within the central city. This restriction was suggested by the Mural Working Group to “ensure that murals would not overwhelm key architectural elements of a building's street facade, such as doors, windows, architectural trim, etc.” said Douglas Hardy, senior planner with BDS. In response to community members who were concerned about this restriction, BDS said that it is a “trade-off for allowing murals of an unlimited size,” so long as they do not extend past the second story of the building.

Another trade-off Title 4 makes is for artistic freedom. Muralists will have more leeway in what is portrayed in their artwork, but will not be eligible for any public funds.

Once a mural is installed, the building owner must maintain it for at least five years. This includes providing regular maintenance and repairs should the artwork be vandalized or damaged. This rule can be overridden if the building is sold or undergoes remodeling that prevents the mural from being preserved. After a five-year tenure, building owners are allowed to remove the mural.

Conclusion

The city hopes the project will accomplish a number of objectives, including contributing to the city’s aesthetic beauty, increasing citizens’ exposure to public art, and according to Hardy, creating “a strong sense of community pride and self esteem” and increasing “opportunities for artistic expression.”

Since the program’s inception, only two parties have applied for permits, but city planner Phil Nameny, expects six more applicants soon. No permits have yet been issued under the Original Art Mural project, so it is still too early to say whether the new program will be a success. Nevertheless, Nameny said there is excitement amongst the art community and he expects muralists will soon take advantage of the program.

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