Sioux Falls City Zoning Code

   (a)   These regulations relating to original art murals in the City of Sioux Falls further the following purposes:

      (1)   Encouraging artistic expression and the creation of more murals;

      (2)   Protect adjacent property owners;

      (3)   Maintain existing murals that are a valued part of the history of the City of Sioux Falls;

      (4)   Keep a directory of murals including pictures and a historical account; and

      (5)   Contribute to the cultural identity of a neighborhood and foster a sense of pride.

   (b)   The city wishes to encourage the installation of murals and at the same time prevent the proliferation of off-premise signs. This mural subchapter is intended to work in tandem with and help preserve the intent of the off-premise sign code set forth in §§ 160.587 et seq. of this Code. Adequacy of message opportunity will be available to sign users without dominating the visual appearance of the area.

   (c)   These mural regulations also promote public safety and welfare by regulating such displays in keeping with the following objectives:

      (1)   That the design, construction, installation, repair, and maintenance of such displays will not interfere with traffic safety or otherwise endanger public safety.

      (2)   That the regulations will provide reasonable protection to the visual environment by controlling the minimum improvement and maintenance of the displays.

      (3)   That the public will enjoy the aesthetic benefits of being able to view such displays that are reasonably and appropriately regulated without having to endure visual blight and traffic safety impacts that would be caused by such displays that are not reasonably and appropriately regulated.

      (4)   That consideration will be given to equalizing the opportunity for messages and artistic expression to be displayed.

      (5)   That the regulations will conform to judicial decisions, thereby limiting further costly litigation and facilitating enforcement of these regulations.

      (6)   To provide registration requirements for murals as defined by this subchapter.

(Ord. 38-21, passed 4-6-2021)

   An original art mural that meets all of the following requirements will be allowed upon satisfaction of the applicable registration procedures:

   (a)   To preserve public order and protect human dignity, a mural artwork may not include displays that incite violence or prejudicial actions against groups or individuals on the basis of their membership in the group, or which disparage or intimidate a group of individuals on the basis of their membership in the group.

   (b)   No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

   (c)   No part of a mural shall extend from the plane of the wall upon which it is tiled, painted, or affixed.

   (d)   No mural, except for murals consisting completely of paint, shall be placed over the exterior surface of any building opening including, but not limited to, windows, doors, and vents.

Notwithstanding the foregoing, a mural consisting of paint or any other material permitted under this section may be placed on roll-down security doors on a commercial or industrial building.

   (e)   Surfaces should be prepared to allow the mural to withstand the outdoor climate of Sioux Falls, South Dakota. Mural materials may not create environmental pollution due to flaking or chipping over time. Surface sealant is recommended.

   (f)   The property owner is responsible for the mural maintenance and shall coordinate repairs to the mural as necessary including, but not limited to, removal of graffiti per § 132.003 of this Code.

(Ord. 38-21, passed 4-6-2021)

   (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.

(Ord. 38-21, passed 4-6-2021)