A colorful mural painted across the outside of a newly opened Salem ice cream shop could be covered up after the business received notice that its building does not comply with city sign regulations.
On Any Sundae opened its second storefront at 3239 Market St. NE on Sept. 6. As part of the renovation, the business commissioned a hand-painted exterior featuring bright colors, cartoon ice cream characters and its name. The artwork is credited to artist Floydman Sumner.
But within weeks of opening, the shop says it received a notification from the City of Salem identifying a signage compliance issue.
In a Facebook post over the weekend, the business explained that its illuminated signs meet city requirements, but the painted exterior has created an unexpected problem.
The owners say they had not anticipated that decorating the building with a mural could subject the artwork to the same regulations governing commercial signage.
They also expressed concern about the potential expense of obtaining approval for the painting as a sign or pursuing a variance, particularly without any guarantee that the work could remain.
The shop now plans to seek help from the Salem Public Art Commission, hoping the painting can be recognized as public art rather than treated solely as commercial signage.
Salem's regulations make that distinction important.
Under the city's sign code, painted wall signs can be subject to the same size restrictions as other permanent signs. Salem also operates a separate public mural program, administered by the Public Art Commission, which reviews original artwork for inclusion in the city's public art collection.
That approval process carries additional requirements. The city's published guidelines call for approval before painting begins, a public hearing, a property-owner easement and a commitment to maintain an approved mural for at least seven years.
The On Any Sundae painting also prominently displays the business's name, raising a practical question about how the city distinguishes advertising from artwork. The specific code provision cited in the business's notice has not been independently confirmed.
This is not Salem's first controversy involving a business mural.
In 2021, a painting honoring World War II veterans at Valley Roofing drew scrutiny under the city's sign regulations. Following a public dispute, the mural was eventually accepted into Salem's public art collection in 2022.
The latest situation also comes as Salem reviews its approach to sign enforcement.
Earlier this year, the city paused enforcement amid concerns from businesses about permitting procedures and communication. On Oct. 19, Salem resumed safety-focused enforcement of certain temporary signs while continuing work on broader process improvements. That announcement concerned temporary signs rather than permanent wall paintings.
For On Any Sundae, the immediate priority is preserving an investment in its new location.
The business says it intends to submit paperwork to the Public Art Commission and is encouraging residents who support the mural to offer constructive feedback.
Whether the existing painting can be approved, will need modifications or must eventually be covered remains undetermined.