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(A) To be deemed appropriate, a mural must:
(1) Be an asset to the Central Business District;
(2) Complement the overall design of the building;
(3) Match the era of the original construction or accepted renovation;
(4) Complement the character of the area;
(5) Match the flavor of the district in which it is to be located;
(6) Have content appropriate to the city and its environs;
(7) Reflect the historic and cultural traditions of the city and state;
(8) Be in context with the surrounding streetscape in size, shape, style and general color scheme;
(9) Be designed with consideration for other murals in the immediate vicinity;
(10) Be incorporated as an element of the overall building design;
(11) Be devoid of advertising or even the suggestion of advertising;
(12) Not contain any logo, graphic or text representative of any business operated within the building on which it is to be placed;
(13) Be designed to complement the wall on which it is proposed;
(14) Be proportionate to the blank space proposed for placement;
(15) Be large enough to be significant but not overwhelming;
(16) Be in good taste with no crude, coarse or vulgar language or image; and
(17) Be located so as to avoid any negative impact.
(B) A mural is to be treated as any other painting approval on a building, and must:
(1) Be done in a professional, artistic manner (the artist shall be asked to provide samples of previous mural work and/or references from other jurisdictions where such work has been done); and
(2) Have financial assurance for an ongoing maintenance program.
(Prior Code, § 12-18.02) Penalty, see § 158.999
(A) Any mural or wall painting proposed for the Central Business District shall follow the approved development procedures (see Ch. 154 of this code of ordinances) for either:
(1) A plot plan, historic district (if applicable); or
(2) A plot plan and building permit (if outside the Historic Preservation District).
(B) The applicant (property owner) shall submit to the Building Department the following:
(1) An application signed by the property owner;
(2) A legal description of the property;
(3) A copy of the plat as recorded in the County Recorder’s office;
(4) Scaled drawings of the building facade showing the mural placement;
(5) A color photograph of the building facade, including:
(a) The street curb in the foreground;
(b) The entire roofline of the side of the building that is the site of the proposed mural; and
(c) A portion of the building or street on either side of the proposed mural or wall painting site.
(6) A color rendering, drawn to scale, of the proposed mural, including the proposed building side from ground to roof (photo simulations of the proposed mural project are encouraged).
(C) The Chief Building Official shall forward copies of the application and accompanying documents to:
(1) The Main Street Design Committee, which shall review the project for conformity with the city’s urban design guidelines; and if applicable; and
(2) The Historic Preservation Commission, which shall review the project for conformity with the established guidelines, particularly the Secretary of the Interior’s Standards for Rehabilitation.
(D) After review and approval of the application, the Chief Building Official shall issue a building permit to the owner of the property, and said permit shall be subject to the following conditions.
(1) The property owner shall maintain the mural or wall painting in good condition.
(2) The Building Department has the authority to order the removal of any mural or wall painting that is:
(a) Not completed in strict accordance with the approved permit; or
(b) Not maintained in good condition.
(E) The Building Department also has the authority to order removal of any mural or wall painting completed without an approved permit.
(F) In addition, the Building Department has the authority to order the painted surface to be restored to its original paint color and design following a removal ordered under division (D)(2) or (E) above.
(Prior Code, § 12-18.03)
(A) Anyone violating any provision of this chapter shall be guilty of a Class 1 misdemeanor punishable by a fine or imprisonment or both.
(B) Conviction shall be punished by a fine of not more than $300 or by imprisonment for not more than 90 days, or by both fine and imprisonment.
(C) It is a separate offense for each and every day the violation is committed, continued or permitted.
(D) The imposition of any sentence or fine shall not exempt the offender from compliance with the requirements of this chapter.
(E) The owner, lessee, tenant and/or other person in possession of the property or use in violation are all and equally responsible for the violations.
(F) In addition, the city may bring civil proceeding in a court of competent jurisdiction to enforce compliance with this chapter including the prevention, restraining and/or abatement of the violations.
(G) In addition, any violation is declared to be a public nuisance and the city may enjoin or restrain said violation like any other nuisance under authority of any applicable city and state law.
(Prior Code, § 12-2.03) (Ord. 747, passed - -1995)