§ 34-295. Mural permits; purpose; application; review; issuance; fees.
(a)
Purpose . The purpose of this section is to permit murals that will not by their size, location, appearance, design, number or manner of display be detrimental to the appearance of the community nor endanger the health, safety and general welfare of the public. It is also the purpose of this section to permit murals that are compatible with the buildings they are located on and the communities they are located in, to reduce traffic hazards and to preserve the right of free speech exercised through the use of murals.
(b)
Application. An application for a mural permit shall be filed by the applicant or his or her agent with the village upon forms furnished by the planning, zoning and building department. Such application shall contain or have attached thereto, at a minimum, the following information:
(1)
Name and address of the owner and any other person in control or possession of the real property upon which the mural is to be displayed;
(2)
Legal description and address of the property upon which the mural is proposed to be displayed;
(3)
Identification of the proposed location of the mural;
(4)
Name of the artist creating the mural;
(5)
Examples of previous works done by the artist with references;
(6)
Total area of the proposed mural in square feet, in addition to the square footage of the façade it will be displayed upon;
(7)
Two copies of detailed drawings, drawn to scale, containing complete plans and specifications to show content, colors, textures, and materials that will comprise the mural and manner of application, including, but not limited to, an exact picture, graphic or other description;
(8)
Description of how the proposed mural will be compatible with the affected property, adjacent properties, and the surrounding neighborhood;
(9)
A statement regarding the durability and anticipated maintenance of the materials considering the location and positioning of the mural;
(10)
The timeline for the completion of the mural; and
(11)
A list of the names and addresses of, and mailing labels for, the owners and occupants of real property bounding and abutting the property where the mural is to be located and the property owners located within 300 feet thereof for purposes of mailing notice of the mural to such persons.
(c)
Notice . The village shall mail the mural notice to all persons for which the applicant has provided mailing labels. The administrative costs and the postage and other costs incurred for such notice shall be the responsibility of the applicant. For purposes of this notice, the owners of property shall be deemed to be those as shown on the current county tax assessment rolls.
(d)
Review process. At a quasi-judicial hearing on the mural permit application, the village council may grant the permit, grant the permit with conditions or deny the application. The final decision of the village council on the permit application shall be set forth in a resolution rendered by the village council which shall contain findings of fact and conclusions of law. Any applicant aggrieved by a decision of the village council may appeal the final decision as provided by the Florida Rules of Appellate Procedure. After a determination by the planning, zoning and building director that the application is complete and accurate, the application shall be placed on the next available village council meeting agenda.
(1)
The village council shall review the application and direct the planning, zoning and building director to issue a mural permit upon a finding that:
a.
The application is complete;
b.
The mural will enhance the aesthetic beauty of the area in its proposed location based on the following considerations:
1.
Compatibility of the proposed size, location, color, materials, pattern, design and other characteristics of the mural with the structure it will be displayed upon and with adjacent properties;
2.
Compatibility of the mural with adjacent properties and the character of the surrounding neighborhood;
3.
The balance, order, symmetry, and patterns of the mural;
4.
Whether the mural detracts from the aesthetics of adjacent buildings, landscaping and other improvements; and
5.
Whether there is harmony in the texture, lines, and design of the mural.
c.
The information regarding durability and expected maintenance requirements is accurate;
d.
The materials to be used and the manner of application will not require excessive maintenance by its owner;
e.
There are no more than two murals proposed for the premises and the size of each of the murals is not greater than 550 square feet;
f.
There are no other murals within 1,000 feet of the location of the proposed mural; and if two murals are proposed for the premises, there are no other murals within 1,000 feet of the location of the two proposed murals;
g.
The proposed mural is located within a commercially zoned district;
h.
The artist can complete the mural in accordance with the submitted timeline; and
i.
The proposed mural complies with all the requirements of this chapter and all other laws and ordinances of the village.
(2)
In making its determination, the village council may also consider and rely upon evidence of property values and the opinions of the owners and occupants of affected properties.
(3)
Any person aggrieved by the decision of the village council may appeal such decision in accordance with the Florida Rules of Appellate Procedure.
(e)
Conditions for issuance; expiration .
(1)
A permit issued shall be construed to be a license to proceed with the mural and shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions of this article or any other regulation of the village, nor shall the issuance of a permit prevent the planning, zoning and building department from thereafter requiring a correction of errors in the plans or in the application of the mural to the structure, or of violations of this article or other regulations of the village.
(2)
Any permit issued shall become invalid unless the work authorized by such permit shall have been commenced within 90 days after the issuance thereof, or if the work authorized by the permit is suspended or abandoned for a period of one month after the time of work is commenced.
(3)
A mural permit shall expire and become null and void if the mural for which the approval was issued and all conditions imposed in connection with the approval have not been completed within six months of issuance of the mural permit.
(f)
Issuance; contents; fees .
(1)
The issuance and contents of the permit shall be in accordance with section 34-294.
(2)
The fee for a mural permit shall be in accordance with section 34-296.
(Ord. No. 2008-10, § 4, 8-28-2008; Ord. No. 2015-13, § 2, 5-14-2015; Ord. No. 2018-01 , § 4, 7-12-2018)