Here's a Q for you....  I'm also going to post this to the folks in the
auditorium listening to the lecture over on P-L .  The contest is to see
who comes up with the best answer for me to use first...them focused
folks, or the garrulous individuals carrying on out in the lobby.

The guidelines for our Moore Square Historic District (a largely
commercial district, early 20th century) call for "earth tone" colors.
 The guidelines note that earth tones in the natural colors of unpainted
brick and stone surfaces are the predominant colors expressing the
historic character of the area; further, that "wood trim pieces should be
painted colors which harmonize with these natural earth tones."  We had
someone paint a storefront primary yellow and primary red without a
Certificate of Appropriateness.  These colors are not earth tones in the
generally accepted understanding as recognized in historic architectural
terms, however neither the guidelines nor the ordinance define "earth
tone" any further than what is noted above.  It's sort of like the courts'
view of pornography:  I know it when I see it.

The applicant presented a definition drawn from an art text: In _A Manual
of Painting Materials and Techniques_, earth tones are defined as:
 "?colored by iron, but also by other metals, which are mined, washed,
pulverized, and sometimes heated to produce different hues.  They are
characterized by low chroma, low to moderate tinctural tinting strength,
varying value ranges, and hues ranging from yellow to red, with some very
dull red-purples and greens.  Natural deposits of white chalk can also be
used as earths."

Nobody is biting on this definition, especially since the colors used are
neither "low chroma" or "low to moderate tinctural tinting strength," but
I am seeking a definition that will better support the committee should it
decide to deny the application.  I turn to you for assistance.

The city code provides a hierarchy for establishing the meaning of
provisions in the zoning code when they are not specifically defined by
the code:
1) definition in an ordinary dictionary;
2) ordinance statements of purpose and intent, or reports and studies
adopted or referred to in the ordinance;
3) minutes of discussions of legislative or advisory bodies considering
adoption of the provision in question;
4) definitions of similar terms contained in federal and state statutes
and regulations;
5) ordinary rules of grammar.

Nothing is to be had in numbers 2, 3, or 5.  The dictionaries here at city
hall are silent on the term "earth tone."  I am looking for a definition
from category number 1, or number 4.  Anybody in possession of an ultra
ordinary dictionary?  How about a federal code definition?  In the event
of a tie, the first answer received is the winner.  However, a later
answer higher in the hierarchy will be declared the winner, since it is
more legally useful to me.

Winner will receive a BP T-shirt funded by me, unless they are all sold
out.  In that case, the winner will receive my grateful thanks.
_____________________________________________________
Dan Becker,  Executive Director            "What's this? Fan mail
Raleigh Historic                                     from some flounder?"
Districts Commission                             - Bullwinkle J. Moose
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