The purpose of these provisions is to establish regulations and guidelines for the location, construction and manner of display of murals while preserving the aesthetic appeal of the City, and to promote appropriate visual expression by defining what constitutes a mural and to provide penalties for violation of the provisions thereof.
(Ord. 108-2023. Passed 8-7-23.)
The definitions in Chapter 1131 shall apply to this entire section. The following additional definitions shall apply to this section:
Wall Mural: Any design, inscription, artwork, figure, wall mural, graffiti, marking, graphic, application, or one-of-a-kind unique representation that is marked, etched, scratched, drawn, painted, applied, or affixed to the exterior of a building wall through the application of paint, canvas, tile, metal panels, applied sheet graphic, or other medium generally so that the wall becomes the background surface or platform for the graphic, generally for the purpose of decoration or artistic expression, including but not limited to, painting, fresco or mosaic, which does not contain promotional or commercial advertising and/or, which contains limited references to the establishment, product, or service provided on the site which is painted or drawn on a wall on that site. Wall Mural includes the mural face as well as any wall mural supporting structure.
(Ord. 108-2023. Passed 8-7-23.)
(a) Zoning Districts Where Permitted.
(1) Wall Murals shall be permitted within B-1 - Office Business, B-2 - Neighborhood Business, B-3 - General Business, B-4 - Special Business, B-5 - Central Business, B-6 - Shopping Center, CS - Community Service, I-1 - Light Industry, I-2 - Heavy Industry, and any Planned District of the same.
(2) Murals within the B-5 - Central Business District shall be subject to review and approval by the Canton City Architectural Review Board and/or the City of Canton Landmark Commission.
(3) Murals within the B-5 - Central Business District shall conform to the Design Standards adopted by the Canton City Planning Commission for public art displays within the district.
(4) All murals shall conform to the City of Canton Display of Public Art Design Guidelines. The City shall make these guidelines available upon request at the Canton City Planning Department and shall place these guidelines on the City of Canton website. Any changes to these guidelines shall be made available in a similar manner.
(b) Design.
(1) Primarily Pictorial. The mural shall display non-verbal graphic or non-verbal photographic images, and may display words. The aggregate area of all words shall comprise no more than twenty percent (20%) of the area of the display.
(2) Type of Medium. The medium for the mural display may include, but not be limited to, those referenced in Section 1188.02, as well as electronic.
A. A mural is "electronic" if its images, while being displayed, are generated by computer or otherwise by the controlled conduction of electrons or other charge carriers.
B. Electronic murals shall be a static or moving image or a combination of each, or as a static image upon a single sheet of vinyl or other material that presents a high-resolution image ("other high-resolution material").
C. If the medium for the mural is vinyl, or other high-resolution material, it shall comply with the following:
1. The resolution of the display shall be a minimum of three hundred (300) dots-per-inch ("DPI")
2. If vinyl, the grade of vinyl shall be a minimum twelve (12) ounce flex vinyl, twelve (12) ounce mesh vinyl, or twelve (12) ounce sailcloth vinyl;
3. The display may be changed or replaced up to six (6) times within any twelve (12) month period in addition to any change necessary to repair or restore the sign if the structure or medium is defaced, damaged or destroyed;
4. The sign panel or other structure to which the vinyl or other high-resolution material is attached shall not appear from line-of-sight in front of the display as a distinct frame surrounding the exterior of the display.
(c) Size of Display. The total area of the display shall be no less than eighty percent (80%) of the total area of the wall on which the sign is located except where:
(1) A smaller mural is required to avoid covering a distinctive architectural or historic feature of the building; or
(2) A smaller mural is required to avoid interference by structures, other buildings, trees, or other obstacles with line-of-sight visibility of the display by the vehicular traffic to which the sign is oriented; or
(3) A smaller mural is required to ensure safety in erecting, changing, or maintaining the display or sign structure; or
(4) A smaller mural is required because the structure of the building or wall will not support or otherwise accommodate the structure necessary for the display to cover eighty percent (80%) of the wall area.
(d) Standards for Placement.
(1) The proposed location of a wall mural shall be on an exterior building wall.
(2) Murals should not be permitted on the primary façade. Within the Downtown Canton Special Improvement District (SID), a mural may be permitted on a primary façade provided written approval is first obtained from the City of Canton Director of Planning or their designee. A primary façade, for purposes of this section, is the building elevation that faces the adjacent street right-of-way and is the primary customer entrance.
(3) Placement of a wall mural at the proposed location shall not be clearly incongruous with - or obscure or compromise the design integrity of - distinctive architectural or historic features of the building and of the architectural or scenic character of surrounding properties within two hundred fifty (250) lineal feet from the wall.
(4) The wall mural's size and placement are appropriate to achieve the objective of beautifying the surrounding area.
(5) The wall mural shall be displayed on an exterior wall in a manner parallel with the wall surface.
(6) The wall mural shall not project more than sixteen (16) inches from the wall surface if the medium is vinyl, other high-resolution material, or similar, and not more than twenty-eight (28) inches if the medium is electronic.
(7) The wall mural shall be set back from each vertical and horizontal end of the wall a minimum distance of six (6) inches.
(8) A wall mural should not cover, destroy, or materially alter an architectural feature distinct from a generally flat, unornamented wall surface unless the Planning Director, or their designee, permits the wall mural to cover the architectural feature.
(9) A wall mural should not cover, destroy, or materially alter a distinctive historic feature of the building.
(10) Finishes, textures, construction techniques, designs, colors, craftsmanship, and building materials that characterize a distinctive historic or architectural feature of a building shall be preserved. To prevent material alteration:
(11) Except for displays that are electronic, the displays of wall murals that are illuminated shall be illuminated by continuous reflected light directed from an external light source onto the display.
(e) Prohibited Mural Types.
(1) Murals or other representations which imitate or appear to imitate any official traffic sign or device which appears to regulate or direct the movement of traffic or which interferes with the proper operation of any traffic sign or signal.
(2) Murals or other representations which obstructs or physically interferes with a motor vehicle operator's view of approaching, merging, or intersecting traffic.
(3) Murals that have an adverse impact on the safe and efficient movement of pedestrian traffic.
(4) Murals that can be defined as a billboard sign must comply with regulations contained herein regarding billboards.
(f) Surface Preparation.
(1) Sand and high-pressure water blasting are not permitted as a cleaning process for either surface preparation or for mural maintenance purposes in any historic district or any building either listed on the State or National Register of Historic Places, eligible for inclusion on the State or National Register of Historic Places, is a contributing factor to a historic district, or any building recognized by the Canton City Landmark Commission as a local landmark.
(g) Maintenance and Removal.
(1) It shall be the responsibility of the owner of the property upon which a mural is placed to ensure the appearance of the mural is maintained.
(2) The mural shall be kept in good condition for the life of the mural according to the maintenance schedule and responsibilities approved by the Zoning Inspector and incorporated in the Mural Permit.
(3) A mural shall be deemed to be in a state of disrepair when twenty-five percent (25%) or more of the display surface area contains peeling or flaking paint or visibly deteriorated material, or is otherwise not preserved in the manner in which it was originally created.
(4) Any mural that is not maintained, or that falls into a state of disrepair, may be ordered removed or covered with opaque paint, similar to the primary building materials and/or colors or other appropriate material by Zoning Inspector, all in the manner provided for in the mural permit.
(5) Murals subject to removal shall be provided a time limit of thirty (30) days from the date of the written notice for such removal or covering. Additional time may be authorized by the Zoning Inspector for good cause.
(6) Each wall mural shall be secured in a manner that will require minimal repair after removal. The person in control of a wall mural or the owner of the wall shall repair all damage caused to the wall by securing or removing the wall mural.
(7) Upon removal, if required by the Zoning Inspector, the entire wall face shall be painted by the owners or person in possession of the wall. The paint shall be a solid color that is consistent with the color of the building.
(Ord. 108-2023. Passed 8-7-23.)
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