(A) Intent and objectives of section. The intent of this section is to regulate the location, construction and manner of display of murals in order to preserve 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. To achieve its intended purpose, this section has the following objectives:
(1) Encourage the design and placement of private murals for public display that promote or enhance the character of the city;
(2) Differentiate between signs, graffiti and murals; and
(3) Prevent visual expression that may be offensive, is of a political nature or is derogatory.
(B) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them herein, except where the context clearly indicates a different meaning:
GRAFFITI. Writing or drawings that have been scribbled, scratched, or painted illicitly on a wall or other surface.
MURAL. Defined as:
TYPE ONE: A design or representation which does not contain promotional or commercial advertising painted or drawn on a wall.
TYPE TWO: An original, one-of-a-kind unique design or representation 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.
(C) Murals.
(1) Type one and type two murals are allowed only in the following zoning districts, subject to the restrictions set forth in this section:
(a) B-1;
(b) B-2; and
(c) B-3.
(2) Murals may not be placed on the primary façade of the structure. In instances in which the structure has two primary façades (at the intersection of two public streets), murals would not be placed on either façade.
(3) Murals may only be placed directly on unimproved concrete, concrete block or brick façades. However, should the applicant desire to have a mural constructed off-site in moveable panels to be installed on said façade, the attachment of said panels must comply with applicable building codes, subject to required permits and inspection; must not cover window or door openings unless properly sealed in compliance with applicable building codes, the attachment devices must not compromise the structural integrity of the surface to which the panels are attached, and said panels must be securely attached to prevent failure due to weather conditions, vandalism or age.
(4) Murals shall be maintained in good repair, free from peeling paint or damage due to age, weather, vandalism or the like. Failure to maintain a mural in good repair may result in notification by Ordinance Enforcement and, if necessary, appropriate enforcement action by the city, including recovery of related expenses for enforcement.
(5) Prior to installation of a mural, the property owner or tenant (with written permission of the property owner) shall apply for a determination of whether the proposed design or representation is a sign, a type one mural or a type two mural and, if the proposed design or representation is a type two mural, whether it complies with the requirements of this section. The application with fee, as determined by City Council, shall be forwarded to the City Administration who shall conduct an administrative review of the application and design for compliance with this section.
(6) Murals shall not contain words (in any language), symbols or representations that are obscene, offensive, of a political nature or are derogatory.
(7) The Mayor may designate a three person review committee to review mural design for compliance with this section. The committee, at its discretion, may refer the mural design to the Planning Commission for further review.
(8) Following determination:
(a) If the proposed design or representation is determined to be a sign, the applicant shall comply with all further review and requirements of § 155.234, before creating or installing the sign.
(b) If the proposed design or representation is determined to be a type one mural, no further review or action is necessary before creating or installing the mural.
(c) If the proposed design or representation is determined to be a type two mural, the applicant shall obtain a determination of whether the type two mural complies with all requirements of this section before creating or installing the mural.
(9) Type two murals may be allowed if:
(a) The graphics, words, and/or symbols referencing the establishment, product, or service are limited in scope and dominance, and not readily construed as commercial advertising. References must be subtle and integrated into the overall mural design.
(b) The references to an establishment, product, or service are not to be in the form of traditional building signage. Traditional signs on the same wall will be reviewed separately under applicable sign requirements.
(c) Where numbers of signs or maximum square footages apply to a particular location, a mural shall not count as a sign nor figure into the allowable sign area.
(10) An aggrieved applicant may file an appeal to the Zoning Board of Appeals for review of a decision relating to a mural. The Zoning Board of Appeals shall review the decision based on the criteria in § 155.275.
(Ord. 867, passed 3-5-18) Penalty, see § 155.999