(a) Original Art Mural Requirements ("Mural"). Original art murals and wallscapes that meet all of the following requirements shall be issued a Special Exception permit by the Board of Zoning Appeals:
(1) Original Art Murals ("mural") and wallscapes are permitted as Special Exception only in the CBD, CN, CG, SI, and AM. Original Art Murals and wallscapes are also permitted as part of an approved development plan in a PUD.
(2) A mural or wallscape shall not exceed thirty percent (30%) of the wall area to which it is painted or attached.
(3) The mural or wallscape shall remain in place without alteration, for a period of five (5) years. The applicant shall certify in the permit application that the applicant agrees to maintain the mural or wallscape in accordance with this regulation.
(4) The applicant, if different from the property owner, must obtain an affidavit from the building's owner giving permission for the applicant to adhere the mural or wallscape to the building.
(5) There shall be no more than one mural or wallscape per parcel or per building, whichever is more restrictive.
(6) Murals and wallscapes shall only be permitted on sides and rear elevations and shall be prohibited on front elevations of buildings.
(7) No part of the mural or wallscape shall exceed the height of the structure to which it is tiled or painted.
(8) The materials or paint utilized to create the mural or wallscape shall be weatherproofed or resistant to wear.
(9) The mural or wallscape shall be properly maintained through repair and paint, or any necessary treatment so as to prevent decay. Defective or insufficient weather protection for exterior treatments and facades, including fading paint or materials or graffiti shall be promptly repaired or shall otherwise be subject to the violation provisions in this Ordinance.
(10) Murals or wallscapes on properties within the Historic Overlay District must obtain a Certificate of Appropriateness from the Historic Review Board prior to the Board of Zoning Appeals issuing a Special Exception permit for a mural or wallscape.
(11) Murals or wallscapes that would result in a property becoming out of compliance with any other City Ordinance shall be prohibited.
(12) Ghost and Vintage Art Murals. All murals created prior to the date of adoption of this Ordinance shall be considered existing non-conforming and may be maintained in accordance with Chapter 1153
of this Ordinance.
(Ord. 15-23. Passed 8-14-23.)