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(a) Administrative rules. The director, pursuant to § 160.690, is authorized and directed to administer the registration of original art murals and may adopt mural administrative rules to implement this section. The administrative rules shall include an application to identify and describe proposed original art mural and its location on the structure. The applicant for the original art mural registration shall be the property owner.
(b) Neighbor involvement. The administrative rules to be adopted by the director may include a neighbor involvement rule. Specifically, the rules shall include a requirement that an applicant for original art mural approval send notice of the application to the adjacent property owners including those across the street, prior to the registration of the original art mural. No original art mural may be installed until the application has been approved by the director. This is a procedural requirement only and the director shall at all times retain sole authority to approve or deny an application for an original art mural based on the criteria in § 160.561 and § 160.562 of this subchapter and any administrative rules promulgated by the director. Further, in no event will a registration of an original art mural be granted or denied based upon the content of the mural.
(c) Change of ownership. Upon a change of ownership of the property to which an original art mural is affixed, a new owner may, at the owner's election and without the need for permission from the City of Sioux Falls, deregister the mural with the department.
(d) Vintage original art murals. Any vintage original art mural shall have legal nonconforming status and, notwithstanding any provision to the contrary, not require registration under this section. But a vintage original art mural which has not gained legal nonconforming status through law other than this section cannot qualify for legal nonconforming status under this section if it consists or contains any of the following: electrical, mechanical, or kinetic components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours).
(e) Severability. If any part, sentence, phrase, clause, term, or word of §§ 160.560-160.562 is declared invalid or unconstitutional by a valid court judgment or decree of any court of competent jurisdiction, the declaration of such invalidity or unconstitutionality shall not affect the constitutionality or lawfulness of the remainder of the Sioux Falls Code of Ordinances, or any other city regulation regulating signage, or original art murals.
(Ord. 38-21, passed 4-6-2021)