Pittston City Zoning Code

The mural shall meet the definition listed in Article IV in that it contains only original artwork with a noncommercial message;

The mural shall be located on private property that can be viewed by any persons utilizing any public right-of-way;

The mural shall not be located on property in R-1, R-2 or R-3 Districts;

The mural shall not display any unlawful act, business, or purpose or contain any obscene matter;

The materials in the proposal shall be limited to paint. Any other materials may be considered and approved on a case-by-case basis by the City;

The paint and any other materials approved by the City shall be durable, graffiti-resistant, and weather-resistant for a minimum period of five years;

The mural shall not exceed the width or height of the wall of the building;

Elements of the mural shall not project over the public right-of-way;

The mural may include an artist's signature and date, which shall not cover more than 12 by 12 inches of the mural's area, however, this requirement may be modified at the discretion of the City;

The mural may include the names of sponsors and/or donors which shall not cover more than 24 inches by 24 inches of the mural's area, except that the mural shall not contain any names of sponsors or donors that are for-profit commercial entities;

For preexisting murals, evidence shall be provided that the mural is graffiti-free and maintained in fair to excellent condition, and meets all other criteria listed in this section.

The Pittston Office of Community Development shall be responsible for the mural review and registration process.

The application submittal shall contain all of the materials required by the Mural Registration Checklist.

Upon receipt of the application, the Office of Community Development shall review for completeness and eligibility.

After the Office of Community Development confirms that the mural meets the definition and all materials are complete, the Office of Community Development shall consult appropriate downtown entities and City officials as it deems appropriate for additional comments. The Office of Community Development will refer the application to the Zoning Official and facilities for review of the structural elements other than paint that will be attached to the building wall, or if the mural requires the temporary use of public right-of-way. The Fire Department will review any application for a mural that contains elements or materials that have been or will be plastered or mounted onto doors, windows, vents, or any other parts of a building which may affect ingress or egress or firefighting operations, including ventilation.

The property owner and the mural artist shall enter into a signed agreement, of which the City is a third-party beneficiary, to ensure compliance with the City's mural guidelines, terms and conditions. The agreement shall be in effect for a minimum period of 60 months from the time the mural is installed, unless an agreement with the mural artist provides for a shorter term, and copies shall be furnished to the Office of Community Development.

The agreement may be extended another 24 months, with up to a maximum of five extensions.

For new murals, upon confirmation that the mural meets all requirements:

For preexisting murals, the Office of Community Development shall register the mural into the City of Pittston Mural Registry.

Maintenance. It shall be the responsibility of the property owner or the owner's designee to ensure that the mural is maintained in good condition, free from graffiti, and free from chipped, peeled, torn or faded paint or materials, for the duration of the term in the agreement. Failure to properly maintain the mural according to the terms of the agreement, including removal of graffiti, will subject the mural to abatement or removal by the City.

Damage and restoration. In the event that a mural is damaged, vandalized, removed, altered, or destroyed, including graffiti abatement, the property owner or the owner's designee, in consultation with the mural artist, shall be responsible for restoring the mural to the original condition, at the property owner's expense, within 60 days from the date a notice is sent to the property owner or the owner's designee by the City regarding damage to the mural. In the event the mural is not timely restored, the City may, with notice sent to the property owner or the owner's designee, remove the mural in its entirety.

Removal of mural. In the event that a mural requires excessive or unreasonable maintenance or receives significant adverse public reaction, the City may, at its discretion, with notice sent to the property owner or the owner's designee, remove the mural in its entirety.