[HISTORY: Adopted by the Board of Trustees of the Village
of Central Square 9-12-2016 by L.L. No. 2-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 250.
The Village of Central Square recognizes the aesthetic value
of murals in the community. Artists, property owners and community
residents are encouraged to work together in the creation of public
art murals to beautify the environment and promote community pride.
Any group or individual that wishes to paint or create a mural must
obtain permission from the property owner, whether it is a private
individual or public agency. Painting murals on public or private
property without permission of the property owner is illegal and punishable
by law. The Village does not condone any type of illegal graffiti
or art, irrespective of artistic content.
As used in this chapter, the following terms shall have the
meanings indicated:
A painting, mosaic, fresco, or other permanent artwork attached
or applied directly to the outside of a structure. It is usually a
graphic display that covers all or a portion of a wall and depicts
a scene or event of natural, social, cultural or historic significance.
A mural shall not include any on- or off-premises advertising.
A.
These guidelines provide anyone who wants to install a mural with
a reasonable process that safeguards both the interests of the community
and those of the individual building/property owner. The guidelines
are designed to assure that murals within the Village of Central Square
enhance the community's appearance without confusing drivers
and/or pedestrians or causing any other negative impact on public
safety or welfare.
B.
In reviewing proposals for public (outdoor) murals, all of the following
criteria will be considered:
(1)
Is the location appropriate?
(a)
Some locations may simply be inappropriate for murals due to
safety issues, potential maintenance problems, or complicated building
geometry.
(2)
Too many murals?
(a)
To avoid the appearance of blight, the number of murals may
have to be limited. If your neighborhood already has several murals,
chances are your mural proposal will not be approved.
(3)
How big is too big?
(a)
By their very nature, murals are large artworks. But, when murals
become so large as to overwhelm the local streetscape and/or become
a visual distraction, they are not likely to gain approval.
(4)
Can a mural be used for advertising?
(a)
Murals are considered public art, not billboards or signs.
(b)
A mural that includes any picture, symbol (logo), slogan, advertising message or device of any kind that relates to a commercial business, product or service offered on the premises where the mural exists classifies the mural as signage and must comply with § 250-18, Signs, of the Village of Central Square, New York Code.
In addition to the general guidelines above, the Planning Board
will evaluate mural proposals based on the following:
A.
Design and content.
(1)
Relevance of the piece to the building or Village, its values, culture,
and people. Murals within the Village of Central Square should be
based on one or more of the following themes: natural beauty; history
of the Village; school pride; or other relevant themes.
(2)
Prohibited mural types.
(a)
Murals will not be allowed in any R or RM Zone.
(b)
Murals with moving parts.
(c)
Murals affixed, applied, or mounted above, upon or suspended
from any part of the roof of a structure.
(d)
Murals that project away from a wall surface.
(e)
Murals containing any obscene content. For purposes of this
section, any material is obscene if applying contemporary community
standards:
(f)
Murals containing any gang affiliation symbols.
(g)
Murals containing any commercial messages or advertising.
B.
Suitability of the work for outdoor display, including its maintenance
and conservation requirements.
C.
Relationship of the work to the site and the community, especially
how it serves to activate or enhance public space.
D.
Appropriateness of the scale of the artwork.
E.
Site selection.
(1)
Is the site easily visible and accessible to the public?
(2)
Does the mural enhance the site where it is located?
(3)
Does the mural enhance the overall public environment?
(4)
The mural should not obscure windows or entranceways nor disrupt
normal pedestrian circulation.
(5)
The mural should not be placed in a given site if it disrupts the
site's landscaping and maintenance requirements.
(6)
The mural should not be so large as to overwhelm adjacent architecture
or become a visual distraction.
(7)
The mural should not detract from its surroundings nor create blind
spots where illegal activity can take place.
F.
Construction and maintenance.
(1)
Murals shall be well designed and incorporate high-quality materials
that enhance the overall appearance of the site and do not adversely
affect the safe and efficient movement of vehicles and pedestrians.
Materials may include paint or other media appropriate for exterior
use, such as tile or mosaic. Materials shall be long-lasting and graffiti-resistant
to the greatest extent possible.
(2)
Colors, though vibrant, should be complementary and harmonious with
the exterior colors of the building structure, as well as consistent
with the chosen theme. Neon, fluorescent, or reflective-type colors
or materials are discouraged.
(3)
The mural shall be designed and supervised by a qualified artist/muralist,
one with sufficient knowledge and experience with the application
of mural materials.
(4)
Mural size shall be determined by the wall surface to be covered.
Smaller walls may be completely covered. On large walls, murals should
be large enough to dominate the wall surface but not so large as to
overwhelm the local streetscape. Generally, one mural will be permitted
per structure.
(5)
As indicated above, no advertising, logos, or political messages
will be allowed. The mural artist's signature may appear, provided
that it is not so prominent as to detract from the mural display.
(6)
The proposed mural, by its design, construction, and location, shall
not obscure or detract from the significant architectural features
of the building structure, nor should the building's architecture
be altered to accommodate the mural.
(7)
The proposed mural, by its design, construction, and location, shall
not have an adverse impact on adjacent properties or permitted uses.
If the mural requires special lighting or other related construction,
all applicable permits will be required as part of installation. No
flashing or moving lighting is permitted. No internal illumination
is allowed.
(8)
Routine maintenance of an artwork becomes the responsibility of the
building owner and/or sponsoring group where the artwork is located.
As part of the contractual requirements, the artist should develop
a maintenance program in cooperation with the building owner or manager
for the proper long-term care of the artwork.
(9)
If, for whatever reason, the mural falls into disrepair, the building
owner will be notified, in writing, and required to make necessary
repairs within 120 days. If the repairs are not made within the specified
time, the Village reserves the right to repair the mural at the owner's
expense, remove the mural at the owner's expense, or cover the
mural with opaque paint at the owner's expense.
(10)
If property ownership is transferred, all obligations for mural
construction, maintenance and repair are assumed by the property owner.
G.
Application review and approval process.
(1)
An applicant desiring to install a mural on a building in Central
Square is required to submit a formal application, a scaled color
rendering of the proposed project, and a photograph showing the building
location of the proposed mural to the Village offices for review by
the Code Enforcement Officer and the Planning Board.
(2)
Mural proposals that do not meet all of the design criteria/guidelines
may be denied by the Planning Board or accepted with required modifications.
(3)
Mural proposals must comply with any applicable NYSDOT laws regarding
visual appearance and possible effect on traffic in the area of the
mural. Written approval from NYSDOT is required.
H.
Schedule.
(1)
Mural installation must begin within 60 days of approval and must
be completed within six months of the start date. If these dates are
not met, the Planning Board may, at its discretion, cancel the mural
permit. A one-time extension for an additional 60 days may be granted
if the request is submitted in writing prior to the end of the initial
sixty-day period.
If any part or provision of this chapter or the application
thereof to any person or circumstance is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances,
and the Board of Trustees of the Village of Central Square hereby
declares that it would have passed this chapter or the remainder thereof
had such invalid application or invalid provision been apparent.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
