Town of Ithaca, NY Article XXX Art Murals

[Added 8-7-2017 by L.L. No. 13-2017]

§ 270-264 Purpose.

The purpose of this article and the policy of the Town of Ithaca is to permit and encourage art murals on a content-neutral basis on certain terms and conditions. Art murals comprise a unique medium of expression which serves the public interest. Art murals have purposes distinct from signs and confer different benefits. Such purposes and benefits include: improved aesthetics; avenues for original artistic expression; public access to original works of art; and community building through the presence of and identification with original works of art. Murals can increase community identity and foster a sense of place if they are located at heights and scales visible to pedestrians and are retained for longer periods of time.

§ 270-265 Allowed art murals.

Art murals that meet all of the following criteria, and which are not prohibited by § 270-266 below, will be allowed as accessory structures in the Agricultural, Mobile Home Park, Multiple Residence, Light Industrial, Industrial and all Commercial Zoning Districts upon satisfaction of the applicable permit requirements:

A. No part of the art mural shall exceed 30 feet in height, from the bottom of the mural to the top of the mural.

B. The art mural shall not extend more than six inches from the wall upon which it is tiled or painted or to which it is affixed.

C. The art mural shall remain in place, without alterations, for a period of three years, except as described below. The applicant shall certify in the permit application that the applicant agrees to maintain the art mural in place for a period of three years without alteration. The following shall not constitute "alteration" of the art mural within the meaning of this article:

(1) Naturally occurring changes to the art mural caused by exposure to the elements or the passage of time.

(2) Minor changes to the art mural which result from its maintenance or repair. Such minor changes include slight and unintended deviations from the original image, colors or materials that occur when the art mural is repaired due to the passage of time, or as a result of vandalism such as graffiti.

D. The art mural shall not be internally or externally lit.

§ 270-266 Prohibited art murals.

The following are prohibited:

A. Art murals on any historic building that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places.

B. Art murals in a public right-of-way.

C. Art murals for which compensation is given or received for the display of the art mural or for the right to place the art mural on another's property. The applicant shall certify in the permit application that no compensation will be given or received for the display of the art mural or the right to place the art mural on the property. For the purposes of this article, compensation" shall mean the exchange of something of value. It includes, without limitation, money, securities, real property interest, barter of goods or services, promise of future payment, or forbearance of debt. "Compensation" does not include:

(1) Goodwill; or

(2) An exchange of value that a building owner (or leaseholder with a right to possession of the wall upon which the art mural is to be placed) provides to an artist, muralist or other entity where the compensation is only for the creation and/or maintenance of the art mural on behalf of the building owner or leaseholder, and the building owner or leaseholder fully controls the content of the art mural.

D. Art murals which would result in a property becoming out of compliance with the provisions of Chapter 270, Zoning, or with conditions of approval imposed by the Planning Board or Zoning Board of Appeals for the development or lot on which the art mural is to be located.

E. Art murals that contain moving or mechanical components.

§ 270-267 Art mural permit.

A. No art mural shall be erected or altered, unless and until an art mural permit for such work has been obtained. No art mural permit is necessary for maintenance or repair of such a mural, provided the art mural is reinstalled in the same location, and its dimensions, height, and design remain unchanged.

B. Applications for art mural permits, on forms provided by the Town, shall be submitted to the Code Enforcement Officer.

C. Applications shall have attached thereto the following information and material:

(1) Application fee as set from time to time by Town Board resolution.

(2) Information as listed on the application form.

(3) Drawings at an appropriate scale that adequately show the dimensions, height and design of the art mural, details of any illumination sources, and placement of the art mural relative to the building on which it is located.

D. The Code Enforcement Officer shall issue a permit within 30 days after:

(1) Receipt of a complete application, if the proposed art mural is in conformance with all requirements of this article and does not require action by the Planning Board or Zoning Board of Appeals; or

(2) Receipt of a complete application and any necessary approvals and/or variances by the Planning Board and Zoning Board of Appeals, if the proposed art mural complies with all Planning Board and Zoning Board of Appeals approvals and/or variances and with all requirements of this article that have not been waived by the Zoning Board of Appeals.

E. If an art mural authorized by a permit is not completed and in place within one year, said permit will expire.

F. The Code Enforcement Officer shall issue a Certificate of Compliance for any art mural upon completion of the art mural installation or alteration in compliance with its permit and any Planning Board or Zoning Board of Appeals approvals.

§ 270-268 Alternate requirements and procedures.

Even though art murals are not signs, a building owner (or leaseholder with a right to possession of the wall upon which the art mural is to be placed) may at its option have the requirements and procedures of Article XXIX, Signs, apply to a proposed art mural that does not meet one or more requirements of this Article XXX, Art Murals. The building owner or leaseholder must notify the Department of Code Enforcement in writing that it wishes to utilize this option at least 45 days prior to installation of the art mural. The art mural will thereafter be subject to all of the requirements of, and procedures in, Article XXIX, Signs, instead of those in Article XXX, Art Murals.