By Roy Wood, Special to the Times Chronicle 

Permits from the town will no longer be required to create murals on buildings in Osoyoos after council decided this week to exempt them from the town’s sign bylaw.

When the council of the day passed its sign bylaw in 2012, it decided not to exempt murals from its provisions. As a result, anyone wishing to paint a mural on the side of a building needed to get a permit from the town.

However, a recent request for a “letter of support” for a proposed mural led town administration to consider the merits of requiring permits for murals.

In a written report to council, planner Chris Garrish suggested the town is not able to offer such a letter without an issued permit. And, he wrote, for the person requesting the letter seeking a sign permit at this point is “premature and potentially burdensome.” 

Garrish’s report pointed out the cultural and artistic value of murals to celebrate local history and identity as well as their role in creating “a more vibrant public sphere … community identity and support (for) local artists and cultural initiatives.” 

For those reasons, he wrote, exempting murals on the sides of buildings “from the need for a permit is seen to have merit.”

On the other hand, said Gariish, the requirement for a permit has ensured “aesthetic and urban design control is maintained and that proposed murals align with community design guidelines or streetscape character.”

As well, the report said, a permit:

  • Prevents visually disruptive or clashing artwork;
  • Allows review to ensure the mural doesn’t pose a structural risk;
  • Ensures it doesn’t create a hazard, like surface glare;
  • Ensures there is no corporate branding or advertising in the mural; and
  • Allows for the property owner’s requirement to maintain the mural.

Under the current sign bylaw, a mural is defined as “an artistic image applied to a building face or a window which is intended as a public art display and not to portray a commercial message and is not a fascia sign.”

In the recommendation to council that it exempt murals from the bylaw, Garrish included “the proviso that supporting amendments are made to the definition of ‘murals’ to exclude objectionable material.”

The report also pointed out that Penticton, Summerland, Oliver and the RDOS all have exempted murals from their sign bylaws.

Following his presentation, Mayor Sue McKortoff asked Garrish how the town could be sure that future murals would meet the requirements set out in the bylaw.

“If you implement the changes, we’d be trusting people to respect the bylaw,” he said. “If they didn’t, it would be a reactive situation. … The town would be looking at potential enforcement action.”

Garrish said the administration could post something on the town website saying murals are exempted from the need for a permit, but if someone has questions about the requirements, they could check with town staff. “But it would be informal feedback.”

McKortoff said she finds it encouraging that other jurisdictions have exempted murals, and the move seems to have worked out positively.

In the end, the four councillors voted in favour of changing the bylaw to exempt murals, while the mayor voted no: “I’m against it because I’m not quite sure.”