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(A) Murals shall be permitted in all commercial and industrial zoning districts through a conditional use permit. Murals are permitted on the nonprimary facade of a building. A primary facade is defined (for purposes of this section) as the building elevation that faces the adjacent street right-of-way from which the building is addressed.

(1) Mural Types. Murals which are historic or cultural in nature are encouraged. Murals meeting the following description are not permitted:

(a) Murals or other representations which imitate or appear to imitate any official traffic sign or device that appears to regulate or direct the movement of traffic or that interferes with the proper operation of any traffic sign or signal, or that obstructs or physically interferes with a motor vehicle operator’s view of approaching, merging, or intersecting traffic.

(b) Murals with moving parts, including solar-, wind-, or water-driven devices.

(c) Murals affixed, applied, or mounted above, upon, or suspended from any part of the roof of a structure.

(d) Murals that project from the wall surface, other than the minimum necessary protrusion to mount the mural to the wall or structure.

(e) Murals containing any depiction of activity of drug use, gang affiliation symbols, or any other depiction of activities prohibited by federal, state, or local requirements.

(f) Murals containing obscene content. For purposes of this section, any material is obscene if applying contemporary community standards:

(i) The predominant appeal is to a prurient interest in sex; and

(ii) The average person would find the material depicts or describes sexual content in a patently offensive way; and

(iii) A reasonable person would find the material lacks serious literary, artistic, political, or scientific value.

(2) Standards – Surface Preparation. Sand and high-pressure water blasting are not permitted as a cleaning process for either surface preparation or for mural maintenance purposes on any building eligible for inclusion on the State or National Register of Historic Buildings. Only treatments that do not cause damage to historic materials shall be utilized.

(3) Maintenance. The mural shall be kept in good condition for the life of the mural according to the maintenance schedule and responsibilities approved by the planning and zoning commission. The display surface shall be kept clean and neatly painted and free from corrosion. Any mural that is not maintained, faded, or is in disrepair shall be ordered removed or covered with opaque paint, similar to the primary building materials/colors or other appropriate material approved by the planning and zoning commission.

(4) Design Standards.

(a) The proposed mural will not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic; and

(b) The location, scale, and content of the mural shall be in keeping with and enhance the building or structure on which it is located; and

(c) The proposed mural is well integrated with the building’s facade and other elements of the property and enhances the architecture or aesthetics of a building or wall; and

(d) The proposed mural, by its design, construction, and location, will not have a substantial adverse effect on abutting property or the permitted use thereof; and

(e) The proposed mural is not detrimental to the public health, safety, or welfare; and

(f) The mural will not have a detrimental effect on the structural integrity of the wall on which it is applied/affixed; and

(g) The maintenance schedule is reasonable for the mural and the building on which it is applied/affixed; and

(h) Colors shall be limited to muted tones, and no fluorescent, metallic, or reflective finishes shall be permitted.

(5) Mural Permit. Murals may be installed following approval of a conditional use permit.

(6) Application Requirements. A permit application shall contain, but not be limited to, the following information:

(a) Site plan showing the lot and building dimensions and indicating the proposed location of the mural.

(b) Pictures of the building elevations.

(c) A scale drawing and color photo of the building elevation showing the proposed size and placement of the mural.

(d) A colored drawing of the proposed mural. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(X))