(a) Districts Where Permitted. Wall murals shall be permitted within the Central Business District and the portion of the Flats-Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River. Within those districts, wall murals may be permitted in any community development plan area public land protective district, land mark district, business revitalization district, urban renewal district, and any overlay district subject to the provisions of this section. Notwithstanding the provisions of Chapters 161, 303, 317, and 341 of the Codified Ordinances, this section shall constitute design and all other guidelines and requirements for all wall murals located within all community development plan areas, public land protective districts, landmark districts, business revitalization districts, urban renewal districts, and every overlay district within the Central Business District as well as any other area and district in which wall murals may be authorized.
(b) Definitions.
(1) As used in this section “agency or official of the City” means Mayor, director, commissioner, commission, board, bureau, department, advisory committee, or any other body or official exercising the powers vested by Section 67 of the Charter or to whom such powers have been delegated.
(2) As used in this section, “architectural” means a style of building recognized in the art and science of architecture as characterized by peculiarities of structure, ornamentation, or motif.
(3) As used in this section, “the display” means the displayed images and words together with the art or pictorial background on which the images and words appear, excluding any nameplate that identifies the permit holder or its assignee.
(4) As used in this section, “historic” means recognized as distinctly important in the social science of history that records, studies, and explains the character and significance of past human activities, including the use made of buildings.
(c) Design Requirements.
(1) Primarily Pictorial. The sign shall display non-verbal graphic or non-verbal photographic images, and may display words. The aggregate area of all words on a static display exclusive of the sign nameplate and trademarks, service marks or other distinct product or company logos shall comprise no more than twenty percent (20%) of the area of the display.
(2) Type of Medium. The medium for the display shall be electronic as 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”). A display is “electronic” if its images, while being displayed on the wall mural, are generated by computer or otherwise by the controlled conduction of electrons or other charge carriers.
(3) Vinyl or other High-Resolution Medium. If the medium is vinyl or other high-resolution material, it shall comply with all of the following:
A. The resolution of the display shall be a minimum of three hundred (300) dots-per-inch (“DPI”);
B. 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;
C. 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;
D. 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.
(d) 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 sign is required to avoid covering a distinctive architectural or historic feature of the building; or
(2) A smaller sign 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 sign is required to ensure safety in erecting, changing, or maintaining the display or sign structure; or
(4) A smaller sign is required because the structure of the building or wall will not support or otherwise accommodate the sign structure necessary for the display to cover eighty percent (80%) of the wall area.
(e) Maximum Number of Wall Murals. Exclusive of legal nonconforming wall murals or wall signs, no more than six (6) wall murals authorized by this section may be displayed simultaneously within the Central Business District or the portion of the Flats-Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River.
(f) Standards for Wall Placement and Removal.
(1) The wall mural shall be displayed on an exterior wall in a manner parallel with the wall surface.
(2) The wall mural shall not project more than sixteen (16) inches from the wall surface if the medium is vinyl or other high-resolution material, and not more than twenty-eight (28) inches if the medium is electronic.
(3) The wall mural shall be set back from each vertical and horizontal end of the wall a minimum distance of six (6) inches.
(4) Illumination. Except for displays that are electronic, the displays of wall murals shall be illuminated by continuous reflected light directed from an external light source onto the display.
(5) Repair and Removal. 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. Upon removal, if required by the City Planning Commission or the Landmarks Commission, the entire wall face shall be painted by the owners or person in possession of the wall with a high quality exterior paint guaranteed by the manufacturer to last at least 10 years before weather causes the paint to deteriorate. The paint shall be a solid color that is consistent with the color of the building.
(6) A wall mural shall not cover, destroy, or materially alter an architectural feature distinct from a generally flat, unornamented wall surface unless the City Planning Commission or Landmarks Commission permits the wall mural to cover the architectural feature.
(7) A wall mural shall not cover, destroy, or materially alter a distinctive historic feature of the building unless the City Planning Commission or Landmarks Commission permits the wall mural to cover the historic feature.
(8) 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:
A. Wall murals adjacent to a distinctive historic or architectural feature of a building shall be secured in a manner that, if removed in the future, would not impair the form and integrity of the feature;
B. Chemical or physical treatments, such as sandblasting, that may cause damage to any distinctive historic or architectural feature shall not be used;
C. All surface cleaning of the portion of a wall mural or underlying wall adjacent to a distinctive historic or architectural feature shall use a means that will not disturb the feature’s color, texture, or other visual qualities, accelerate deterioration or otherwise impair the structure of the feature.
(g) Permit for Erection of Wall Murals.
(1) No wall mural may be erected or replaced unless and until the person in control of the display applies for and obtains the following:
B. If the proposed location falls within a landmark district, or is located on a landmark, approval by the Landmarks Commission applying the provisions of this section; or
C. If the proposed location falls within any other district or plan area, but not a landmark district, approval by the Planning Commission applying the provisions of this section, or by the City Planning Director pursuant to the rules of the Planning Commission for administrative approval, applying the provisions of this section.
(2) All approvals required for the erection or replacement of wall murals shall be documented by notation on the permit application during its evaluation, or by issuance of a separate legal instrument reciting the approval. No permit shall be issued if the approvals required by this section have not been obtained.
(3) A permit issued in accordance with this section shall be construed to be a license to proceed during the life of the permit with the erection or replacement of the wall mural as described in the approved permit application so long as fewer than six (6) wall murals are on display simultaneously within the Central Business District or the portion of the Flats- Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River and shall be construed as signifying all approvals required by this section. All permits and applications for permits authorized by this section shall be in the name of the person in control of the display. Such permits shall convey to such person all rights and privileges prescribed by this section, which may be assigned, and impose upon such person all duties prescribed by this section, which may be delegated. The person in control of the display, including all assignees and delegees, shall place a nameplate on the wall mural when erected or replaced that identifies that person, and shall notify the City Planning Director of the identity and current postal address of that person.
Nothing in this section shall be construed as authorizing the erection or placement of a wall mural without the consent of the owner or person in possession of the wall where the wall mural would be located.
(4) Expiration. A permit to erect or replace a wall mural shall expire if the wall mural is not erected and bearing a display within one (1) year after the date of the issuance of the permit.
(5) Holders of permits authorizing the erection or replacement of wall murals shall have priority over all other holders based on the date and time of issuance of each permit, with the earlier date and time having priority.
(6) A wall mural shall be removed if it has no display for a continuous period of six (6) months. It shall not be re-erected or replaced without obtaining a new permit pursuant to this section.
(7) The City shall keep a permanent record of all permits issued for wall murals including dates and times of issuance, which shall be available for public inspection and copying.
(8) Change or Replacement of Display. A change or replacement of a display shall not require a permit or any other approval by the City. However, a change of material or method of attachment to the building or wall surface shall be deemed a replacement of the wall mural, requiring a new permit, unless such change is authorized by Section 350.19 of this Zoning Code.
(h) Standards for Determining Whether to Issue Permit for Wall Murals. An application for a permit to erect or replace a wall mural shall be granted if the wall mural as proposed satisfies the criteria of this section. Such criteria are in lieu of the standards and guidelines prescribed and authorized elsewhere in the Codified Ordinances for a permit, certificate of appropriateness, or other approval by any agency or official of the City except those set forth in the Building Code addressing structures and materials for signs.
For those geographic areas where the City Planning Commission has jurisdiction as set out in the Codified Ordinances, a permit shall not be issued unless the City Planning Commission determines that all of the following are satisfied. For those areas where the Landmarks Commission has jurisdiction as set out in the Codified Ordinances, a permit shall not be issued unless the City Planning Commission determines that all of the following are satisfied:
(1) Walls Eligible for Wall Murals. The proposed location of a wall mural shall be on an exterior building wall that qualifies as unsightly at the time that the application for a permit is pending. A wall shall be deemed unsightly if its facade is a generally flat surface, lacking distinctive external architectural ornamentation, is constructed of poor quality or inappropriate construction materials, or is in disrepair.
(2) No Interference with Distinctive Architectural and Historic Features. 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. A personal preference of any agency or official that wall murals as a class are incongruous with the Central Business District or the portion of the Flats-Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River as a whole shall not be considered.
(3) Findings of Clear Incongruity/Material Alteration of Distinctive Architectural, Historic Features. If the agency or official of the City responsible for evaluating an application for a permit decides to deny the application because the proposed wall mural would be clearly incongruous with, or would materially alter, a distinctive historic or architectural feature, that agency or official shall state the grounds for such finding in writing delivered to the applicant. On the applicant’s appeal of such finding and denial, the agency hearing the appeal shall find for the applicant unless the agency or official demonstrates clear incongruity or material alteration. As to that finding, such an appeal shall be heard de novo.
(4) No Pending Notices of Violation. No permit to erect or replace a wall mural shall be issued if, while the permit application is pending, a notice issued pursuant to Section 3101.10 of the Building Code is unresolved as to the building on which the proposed wall mural would be placed. A permit may be issued upon resolution of the alleged violation that is the subject of the notice.
(5) Content of Display Not Subject To Approval. No agency or official of the City shall prescribe or otherwise require approval of the color, graphic design, words, message, or any other element of the content of any display, nor shall any agency or official of the City require advance submission of the content of a display before granting a permit or other approval required or authorized by the Codified Ordinances.
(6) Administrative Authority To Establish Other Criteria. No agency or official of the City is authorized to establish criteria, standards, or guidelines that add restrictions, conditions, or requirements to those set forth in this section. However, each reviewing agency or official shall be allowed to follow its procedural rules and regulations, unless those rules and regulations conflict with this section. In that case, this section shall govern.
(7) The wall mural’s size and placement is appropriate to achieve the objective of beautifying the unsightly wall.
(i) Application for Permit.
(1) Each application shall address one (1) wall mural proposed for one (1) wall.
(2) Completed and satisfactory applications for permits to erect or replace wall murals filed first in accordance with this section shall be given priority over all other completed and satisfactory applications. The Building Commissioner shall record on the application the time and date upon which each application is filed, and maintain all filed applications or copies for at least ten (10) years from the date of filing.
(3) The applicant for a permit prescribed by this section shall file such application with the Building Commissioner, who shall forward the application to the appropriate agency or official responsible for evaluating it within seven (7) days of receiving it.
(4) The application shall be accompanied by a color photographic or digital image of the proposed wall location in the context of adjoining properties, and the same color image shall also depict the proposed wall mural to represent with general accuracy the appearance of the wall with the addition of the mural. The agency or official of the City responsible for evaluating the application may require additional photographic or digital images to be submitted with the application relevant to the criteria prescribed by this section.
(5) The application shall also be accompanied by:
B. The street address of the building upon which the proposed wall mural would be located;
C. A list of streets and other vehicular rights of way to which the proposed mural principally would be oriented;
D. A calculation of the area of the wall upon which the wall mural would be located and a calculation of the area of the expected display;
E. If the area of the expected display would be less than eighty percent (80%) of the wall area, the reasons for the smaller display;
F. A description of the medium to be used for the display, and if vinyl or other high- resolution material, a description of its grade and a calibration of the dots-per-inch of the resolution of the display;
G. A list of buildings within the Central Business District and the portion of the Flats- Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River where existing wall murals are on display at the time of filing the application;
H. The telephone number and postal address of the applicant and the name, telephone number, and postal address of the owner of the building to which the wall mural would be secured and a statement as to whether the owner or person in possession of the wall has consented to erection of the proposed wall mural.
(j) Time for Granting or Denying Application for Permit.
(1) Within sixty (60) days after receiving an application for a permit or up to an additional sixty (60) days if requested by the applicant or needed by the agency or official responsible for evaluating the application, the agency or official of the City responsible for evaluating the application shall grant or deny the application and shall notify the applicant, the Building Commissioner, and the Planning Director in writing of the decision.
(2) An application shall be deemed denied only by written notification to the applicant identifying each ordinal provision that was not satisfied and the reason that it was not satisfied.
(3) The application shall be deemed granted if not denied in accordance with this section.
(k) Enforcement. Whenever the Building Commissioner finds that a wall mural does not conform to the requirements of this section, exclusive of subsections 350.161(h)(1) and 350.161(h)(2), or that the structure of the wall mural or its attachment to the building is in a hazardous condition, he or she shall forward by certified mail to the person in control of the display a written notice of violation, stating the defects and requiring that person to correct or abate the defects within thirty (30) days. The Commissioner shall otherwise follow the procedures set forth in Chapter 3103.
(Ord. No. 1282-06, § 5. Passed 11-27-06, eff. 1-6-07)