A.

This chapter is intended to enact a process and procedures for installation of original art murals on private property and further the public interest by encouraging artistic expression, fostering a sense of pride, preventing vandalism at mural sites through the installation of murals that vandals are reluctant to disturb, and preserving existing murals that are a valued part of the history of the City.

B.

The City wishes to encourage the installation of murals and at the same time, prevent the proliferation of murals and offsite commercial signs. The City's Mural Regulations do not allow commercial advertising.

C.

Mural regulations also promote public safety and welfare by ensuring the following objectives are achieved:

1.

The design, construction, installation, repair and maintenance of such displays will not interfere with traffic safety or otherwise endanger public safety.

2.

Regulation will provide reasonable protection to the visual environment by controlling the size, height, spacing and location of such displays.

3.

To impose permit requirements and regulation for murals.

( Ord. No. 2019-380, § 2, 9-18-2019 )

A.

It is unlawful for any person, firm or corporation to authorize, erect, construct, maintain, move, alter, change, place, append or attach any mural within the City without first obtaining the necessary permits.

B.

An application for a mural permit shall be submitted to the planning department to be assessed by city staff for compliance with this Code.

C.

An application for a mural shall be submitted with the mural application permit fee as established by resolution of the city council.

( Ord. No. 2019-380, § 2, 9-18-2019 )

A.

A mural review committee is hereby established in the City of Huron. The mural review committee shall consist of three persons, all of whom shall be appointed by a majority of the whole city council and each such appointee shall serve a term of two years. Members of the committee may be reappointed to the committee at the pleasure of the city council. two of the three members of the mural review committee may consist of city council members. Any member of the public is qualified to serve on the mural review committee if he or she is over the age of twenty-one (21) and resides in the City of Huron.

B.

The planning department shall submit the application to the mural review committee and the application and a rendering or depiction of the proposed mural must be reviewed and approved by the mural review committee and the owner of the property were the mural is proposed to be placed. The review is conducted to assure compliance with local ordinances and regulations, including this chapter and the ability of the artist proposing the mural to produce a quality mural.

C.

The mural review committee shall schedule a public hearing to consider the application and mural rendering and the planning department shall cause to be published in the newspaper of general circulation and posted at all locations in the City at which agendas of the city council are posted. Specific mailed notice of the purposed mural and the mural review committee's hearing on the application shall be provided at least fifteen (15) days prior to the hearing to each person or property owner within a three hundred-foot radius of the location of the proposed mural prior to the mural review committee's public hearing on consideration of the application. The mural application permit fee shall be set by resolution of the city council at a level necessary to cover the cost of providing notice of the mural review committee's hearing on the mural application.

D.

The mural review committee may require the artist purposing the mural to provide his or her portfolio of work that is reflective of the purposed mural. The mural review committee may use the portfolio of work to help determine whether the artist has the technical skill and ability to produce a quality mural within the City of Huron. If the artist is unable to provide a portfolio of work, at a minimum, the artist will be required to provide evidence of artistic talent that satisfies the mural review committee of the skill and ability of the artist to create a mural that is of good quality.

E.

The mural review committee shall, following its public hearing on the application, recommend approval or disapproval of the purposed mural to the city council of the City of Huron and the mural application shall, thereafter, be submitted to the city council for final approval of disapproval.

( Ord. No. 2019-380, § 2, 9-18-2019 )

A.

Unless approved by the mural review committee or the city council, murals shall not contain copy, lettering, symbols, or references directly to the promotion of any product, business, brand, organization, service, cause, or place. Murals may contain limited commercial elements so long as they are not considered commercial speech for the purpose promoting a commercial transaction.

B.

Unless approved by the mural review committee and the city council, murals shall not be located on the principle façade(s) of a building. Murals may be located on any other façade of the building including the side, rear, or alley facing façades.

C.

Murals shall not cover or detract from architectural features. Eves, corniches and other architectural features shall keep their character and remain painted to match the rest of similar architectural features on the building.

D.

No part of the mural shall exceed the height of the structure to which is to be tiled, painted or affixed.

E.

No part of a mural shall extend more than six inches from the plain of the wall upon which it is tiled, painted or affixed.

F.

No part of a mural shall exceed a height of thirty-five (35) feet above grade, unless approved by the mural review committee or the city council.

G.

No mural may consist of or contain electrical or mechanical components or changing images.

H.

No mural shall be placed on a lot that is improved with only a single-family residential structure and accessory structures.

I.

Paint utilized shall be intended for exterior use and of sufficient quality which will not corrode or compromise the integrity of the material to which it is applied.

J.

The property owner shall be responsible for maintenance of the mural, including the repair of any material failure such as peeling paint, fading paint and other failures. The property owner shall be responsible for promptly removing vandalism, damaged, chipped, cracked or peeling paint.

K.

No mural shall be, unless recommended by the mural review committee and approved the city council, within three hundred (300) feet of any other mural.

L.

A mural shall not be created without the final authorization of the Huron City Council.

( Ord. No. 2019-380, § 2, 9-18-2019 )

The City shall inspect each mural during installation and upon completion to ensure the final product is in compliance with this chapter. The City shall inspect the mural within one year and annually thereafter following completion. If the mural is determined as a result of such inspection to be not in compliance with this chapter, the property owner must be notified within thirty (30) days to remedy the situation. Should the property owner fail to undertake the necessary corrections the mural shall be deemed out of compliance with this chapter and may be removed by the City at the expense of the property owner.

( Ord. No. 2019-380, § 2, 9-18-2019 )