(A) Purpose. The purpose of this section shall be to provide for the regulation of the location and installation of murals within the limits of the city.
(B) General provisions. No person shall install, construct, paint or modify any mural without prior approval of City Council. City Council shall have the sole authority to approve a mural pursuant to the procedure set forth herein.
(C) Specifications.
(1) Murals may only be approved in the CBD and GBD zoning districts.
(2) The owner of record of the building on which a proposed mural is to be placed shall, in writing, consent to the placement of the mural on the property, agree to maintain the mural and consent to restore the wall or facade upon which the mural is placed to its prior existing condition if the mural is not properly maintained.
(3) Upon removal or failure to maintain a mural, the owner shall paint the entire surface with quality exterior paint guaranteed by the manufacturer to last a period of at least ten years.
(4) Neither the subject nor location of a mural shall constitute a significant traffic hazard, endanger public health or safety, or be detrimental to the use and enjoyment of other property in the immediate vicinity of the proposed mural.
(5) Artificial lighting shall not be used to illuminate a mural.
(D) Mural application and review.
(1) No person shall install, construct, paint or modify a mural without first submitting an application and obtaining approval of City Council.
(2) An application for a mural shall contain the following minimum information:
(a) Five copies of a color sketch of the proposed mural drawn to scale.
(b) Five copies of a sketch drawn to scale of the proposed building to be covered by the mural.
(c) A written description of the type of paint to be used and expected life span and maintenance plan for the mural.
(3) Application submittal and review.
(a) Applications shall be submitted to the Zoning Administrator with an application fee in the amount of $150. The Zoning Administrator will review the application for completeness only. Incomplete applications will be returned to the applicant with comments indicating deficiencies.
(b) Upon receipt of a completed application, City Council shall hold a public hearing on the proposed mural prior to voting to approve or deny the application. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the area at least 15 days prior to the public hearing.
(c) Within 30 days following the public hearing, City Council shall vote to approve or deny the application, failing in which the application shall be deemed to be approved.
(d) Regular maintenance of a mural shall not require an application fee or public hearing.
(4) Appeal. Any person having a substantial interest in the decision of the City Council may appeal from a decision of Council to the Circuit Court in and for the county by filing with the Clerk of Court a petition in writing setting forth plainly, fully and distinctly why the decision is contrary to law. The appeal must be filed within 30 days of the decision of City Council.
(Ord. 15-002, passed 2-24-15)