Chapter 9.110 — Mural Permits

Sections:

9.110.010 Purpose

• 9.110.020 Approval Authority

• 9.110.030 Conditions for Issuance of Mural Permit

• 9.110.040 Criteria for Design of Murals

• 9.110.050 Mural Design Review

9.110.060 Fees

• 9.110.070 Enforcement-Penalties

This Chapter provides regulations for installation of murals. The purpose is to permit and encourage the production of exterior murals that are original works of art which contribute to and advance streetscape aesthetics and foster a positive community identity.

Murals create a unique identity, sense of place,and civic pride and deters acts of vandalism, graffiti and other acts against public or private property on which a mural is located.

A. No mural may be modified, removed, destroyed, covered up or in any other way altered without the property owner first obtaining an amendment to the mural permit that authorized the mural.

B. No mural permit or amendment to mural permit may be obtained without approval of the Commission who shall have the final authority for approval, conditional approval or denial.

A.The Commission may approve or conditionally approve an application for a mural permit if it finds that the mural meets the minimum criteria of this Chapter for a mural and will not be materially detrimental to the health, safety and welfare of the public or to the property and residents in the vicinity.

B. Any conditional mural permit may include such terms and conditions deemed appropriate or necessary by the Commission to make the foregoing findings. If the painting or installation of a mural for which a mural permit has been approved pursuant to this Chapter has not been commenced within one year of the granting of the mural permit or if the conditions have not been complied with, the mural permit shall become null and void and of no effect unless extended by the Commission upon written

request for an extension before the expiration of the one year period.

Any mural permit may be revoked or modified pursuant to Chapter 9.100

B. Unless otherwise deemed materially detrimental to the health, safety and welfare of the public or to property and residents in the vicinity, the terms and conditions of a mural permit or amendment to same shall include the following:

1. The mural maintenance fee shall be paid.

2. The property owner shall agree to a covenant running with the land prohibiting any modification,

Tehachapi Zoning Code | October 2014 Adopted | 9-53

Chapter 9.110 Mural Permits

removal, destruction, covering up or other alteration of the mural without an amendment to the mural permit authorizing same, which covenant shall be recorded.

3. The property owner and the mural artist shall agree that the city shall have the right to take any and all action regarding the mural which is determined by the planning commission to be in the best interests

of the health, safety and welfare of the public or to the property and residents in the vicinity.

4. The property owner shall agree to perpetual and irrevocable access by the city to the mural for the purpose of maintaining the mural.

5. Such other conditions as the Commission shall deem appropriate.

A. The following criteria shall apply to the design of murals:

A. Murals shall not be materially detrimental to the health, safety and welfare of the public or to property and residents in the vicinity.

D. Paints and other materials used for murals shall be appropriate for outdoor use and artistic rendition and shall be of a permanent or long lasting variety.

E. Murals shall be designed and painted or otherwise created by a mural artist.

B. Murals shall be non-commercial in content and shall have artistic, historic, cultural or natural history themes related to the city or the greater Tehachapi area.

F. Murals shall be identical to the color rendering approved by the planning commission as to content, colors and design and shall be the size approved by the planning commission.

C. Murals shall be located only on the exterior walls of a structure or free standing wall or on panels affixed to same.

G. Such other criteria as the city council may adopt from time to time by resolution.

All applications for mural permits or amendments to same shall include a color rendering of the mural or changes to same that are proposed and shall be referred to the mural review committee for its comments and recommendations.

A fee for application and issuance of the mural permit or amendment to same may be charged by the City and payable at the time of submittal of the application. The City shall charge a mural maintenance fee to be used by the City to maintain the mural, the amount of which shall be set from time to time by resolution by the Council.

Violations of this Section constitute a misdemeanor punishable by a fine of not more than 500 dollars or by imprisonment in the county jail not to exceed six months or by both such fine and imprisonment.

9-54 | Adopted October 2014 | Tehachapi Zoning Code