San Anselmo Municipal Code Ch. 22 Murals

Footnotes:

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Editor's note— Ord. No. 1182, § 5, adopted October 10, 2023, set out provisions intended for use as ch. 21. For purposes of classification, and at the editor's discretion, these provisions have been included as ch. 22.

The purpose of this chapter is to permit and encourage original mural artwork on a content-neutral basis on private commercial properties in the Town subject to certain terms and requirements. This chapter also allows for the installation of Town-initiated public murals on both Town-owned property and private commercial property with the cooperation and agreement of the private property owner. Art murals are distinct from signs and confer different benefits, which include improved community aesthetics, forums for original artistic expression, and public access to original works of art in the community. Art murals can increase community identity and create a sense of place for residents and visitors alike.

(Ord. No. 1182, § 5, 10-10-2023)

For purposes of this chapter, the following definitions shall apply:

"Art mural" means an original hand-painted, hand-tiled, or hand-installed work of visual art on the exterior wall of a building consisting of paint, tile, or other similarly appropriate exterior material. An art mural must be a non-commercial image, which is defined as an image that does not include any branded, registered, or trademarked words, icons, or logos and is not used to advertise a business, service, or product, or to create a revenue stream as a result of its visible placement to the public.

"Private art mural" is an art mural located on commercial property allowed by an art mural permit granted to a private property owner of commercial property.

"Public art mural" is an art mural initiated by the Town located on Town-owned property or on private commercial property with the agreement and cooperation of the private property owner.

(Ord. No. 1182, § 5, 10-10-2023)

An art mural that conforms with the requirements of this chapter shall not be considered a sign and is therefore not subject to San Anselmo Municipal Code Title 10, Chapter 9 "Signs" (Sign Ordinance). Any art mural that does not conform to the requirements of this chapter shall be considered a sign and subject to the requirements of the Sign Ordinance.

(Ord. No. 1182, § 5, 10-10-2023)

The Town Council may adopt public art mural program guidelines which shall identify public art application procedures, program requirements, criteria for evaluating proposed murals, and funding mechanisms.

(Ord. No. 1182, § 5, 10-10-2023)

It shall be unlawful to install, erect, construct, change, alter, or attach any private art mural in the Town without first obtaining a private art mural permit. A private mural permit is valid for a period of five (5) years from issuance. The property owner may apply for a renewal of the private mural permit which shall be reviewed pursuant to the provisions of this chapter. The review of a renewal permit shall also include an evaluation of whether the mural has been maintained in a good condition. Each renewal permit term shall be a maximum of two (2) years. If a mural renewal permit is denied, the property owner must remove the mural and return the wall to its original condition. Private art murals are allowed only in Commercial Town Zoning Districts on a structure that is wholly or partially used for commercial purposes.

(Ord. No. 1182, § 5, 10-10-2023)

(a) Authority to adopt administrative rules. The Town Manager is authorized to adopt private art mural administrative rules implementing this section.

(b) Application requirements and review. An application for a private art mural shall be submitted pursuant to an application submitted to the Planning Department with applicable fees, as established by Town Council Resolution. The application shall be ministerially reviewed for compliance with the requirements of this chapter by the Planning Director or designee. There is no right of appeal and no neighbor notice is required for a private art mural permit.

(Ord. No. 1182, § 5, 10-10-2023)

Private art murals must satisfy the following content-neutral requirements:

(a) Maximum number of murals. A maximum of one (1) mural per legal parcel, or one (1) mural per building, whichever is more restrictive, is allowed.

(b) Mural area. The mural area shall not exceed the area of the wall upon which it is installed.

(c) Maximum height. The mural shall not exceed the height of the structure on which it is installed.

(d) Materials. Mural materials shall be paint, tile, or similarly appropriate exterior material that are weatherproof and resistant to wear and deterioration.

(e) No structural change of building. No mural shall structurally alter a building, including but not limited to, architectural changes or the addition or removal of structural posts, or beams.

(f) No obstruction. No mural shall obstruct the exterior surface of any building opening, including but not limited to, doors, windows, and vents.

(g) No exterior lighting. No mural shall include illumination or be illuminated by an exterior source.

(h) No mechanical components. No mural shall contain electrical, mechanical, or moving components.

(i) Term. The mural term shall be five (5) years. Upon the expiration of the term, the property owner may apply for renewal of the private art mural permit pursuant to this chapter. The property owner may remove the mural prior to the expiration of the term.

(j) Agreement. The property owner and mural artist shall enter into an agreement with the Town which agreement shall be in a form approved by the Town Attorney.

(Ord. No. 1182, § 5, 10-10-2023)

(a) Maintenance.

(1) The mural must be properly maintained in good condition at all times, ensure that material failure and excessive weathering is corrected, and graffiti and other vandalism are removed promptly.

(2) Failure to maintain the private art mural as provided herein is declared to be a public nuisance and may be summarily abated or repaired by the Town consistent with the Town of San Anselmo Municipal Code. The Town may pursue additional remedies to obtain compliance. All remedies are cumulative. After reasonable notice, the Town may perform all necessary repairs or maintenance, and all costs incurred shall be billed to the property owner. Should the property owner fail to pay the Town for said costs, the costs may become a lien against the property.

(Ord. No. 1182, § 5, 10-10-2023)

The following private art murals are prohibited:

(a) Murals on local, State, or Federally-designated historic structures.

(b) Murals may not include Constitutionally unprotected speech which includes any message or image that is outside the protection of the First Amendment of the U.S. Constitution and/or corollary provisions of the California Constitution, such as obscenity. Hate speech or imagery is prohibited.

(Ord. No. 1182, § 5, 10-10-2023)

The Town Attorney is authorized to abate violations and to enforce the provisions of this chapter and all implementing regulations pursuant to the Code Enforcement provisions of the San Anselmo Municipal Code, civil action, injunctive relief, and/or any other proceeding permitted by law. All remedies are cumulative.

(Ord. No. 1182, § 5, 10-10-2023)