It is the intent of this chapter to regulate the location, construction
and manner of display of murals in the Historic Business District,
Light Industrial District and/or the Central Business District in
order to preserve the aesthetic appeal of the Borough and to promote
appropriate visual expression by defining what constitutes a mural
and to provide penalties for violation of the provisions thereof.
The following words, terms and phrases, when used in this chapter,
shall have the following meanings:
GRAFFITI
Any writing or drawings that have been scribbled, scratched,
or painted illicitly on a wall or other public or private surface.
MURAL
A painting or illustration applied directly to a wall of
an independent structure within the Borough, but shall not include:
A.
Any such painting or illustration requiring a separate foundation
or footing;
B.
Any depiction or contents of a commercial, trademarked, copyrighted
or other licensed feature;
C.
Any message or advertisement for any individual, group or entity
(whether or not commercial); or
D.
Any subject or material of a scandalous, libelous or indecent
nature as determined by contemporary community standards.
SIGN
Any writing (including letter, word, or numeral), pictorial
presentation (including illustration or decoration), emblem (including
device, symbol, or trademark), flag (including banner or pennant),
or any other figure of similar character, that:
A.
Is a structure or any part thereof, or is attached to, painted
on, or in any other manner represented on a building or other structure;
B.
Is used to announce, direct attention to, or advertise and is
visible from outside a building;
C.
Shall include writing, representation, or other figures of similar
character, within a building, only when illuminated and located in
a window.
Murals shall be permitted only in the Central Business District, Light Industrial District and Historic Business District (CBD, LI or HBD), subject to the restrictions as set forth in §
229-7 of this chapter.
Any mural that is not the subject of land use approval to be erected, painted or otherwise installed in the Borough shall not be erected, painted or installed without first obtaining a recommendation from the Atlantic Highlands Design Review Committee and Council approval before a permit from the Municipal Clerk shall be issued. All requirements concerning the establishment, composition and authority of the Design Review Committee are set forth in Chapter
5, Article
VI, §
5-26 et seq.
Application for a permit to erect, paint and/or install a mural
within the Borough shall be made on a form provided by the Municipal
Clerk or, if no such form has been prepared, by a letter, signed by
the property owner and the applicant and filed with the Municipal
Clerk, containing or enclosing the following information:
A. The owner of the property where the installation is to be made.
B. The street address and tax lot and block number of the property in
question.
C. A description of the subject matter of the mural or other feature,
if appropriate.
D. A full-color sketch or other rendering showing the final appearance
of the mural or other installation with a "before" photograph of the
proposed location of the mural depicting its current state.
E. A description of the color scheme of the installation.
F. A general description of the points from which the installation may
be viewed, with particular attention to its visibility to motorists
and its proximity to intersections.
G. An application fee in the amount of $50.
H. Such other information as the Design Review Committee may reasonably
request.
Upon recommendation of the Design Review Committee and final
approval by the Mayor and Council, the Borough Clerk shall issue a
permit, with a notation of any required conditions imposed. A permit
shall expire 180 days after the date of issuance. Any approved project
not installed within the 180-day time frame shall be required to reapply
and obtain a new permit or return the building surface to its original
state prior to the approval of the mural permit, at the property owner's
expense. An "after" photograph of the completed mural shall be provided
to the Committee for its records and future maintenance reviews.
Violation of the provisions of this chapter shall be punishable upon conviction, as provided in Chapter
1, General Provisions, Article
II, General Penalty, §
1-15, violations and penalties, of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Nothing in this section shall be interpreted as a waiver, replacement,
or substitute for any installation that requires a construction code
or land use approval under applicable provisions of any statute, ordinance,
rule or regulation.