A.
Whether the primary purpose of artwork painted on a building is commercial or noncommercial is a fact-based inquiry and the initial determination is to be made by the Township Zoning Officer. The determination to be made is whether the expression depicted in the artwork is primarily intended to advance the economic interests of a business. Factors in making this determination include:
(1) Whether the wall is part of a business;
(2) Whether the artwork includes the name or advertising slogans of a business;
(3) Whether the artwork depicts specific elements of a transaction or business activity associated with a particular business or trade;
(4) Whether the artwork includes depictions of the owner or employees of a particular business;
(5) If volunteered by the building owner or artist, the stated noncommercial expression sought to be expressed in the artwork;
(6) Whether the artwork, in consideration of these and any other relevant factors, is intended to call attention to a business or commercial activity.
B. If the Zoning Officer determines the artwork to be a sign, then it shall be prohibited unless it complies with the signage criteria for wall signs in that zoning district, if any. If it is determined to be a mural, then it is subject only to the requirements set forth in this part. Specifically:
(1) It may not be larger than the wall on which it is painted;
(2) It may not cover doors or windows;
(3) It may not contain electronic elements and may not be internally illuminated;
(4) It may not include words or graphic depictions of violence or sexuality that would be considered obscene applying contemporary community standards;
(5) It may not project into any public right of way;
(6) It must be created using materials durable enough to last approximately as long as ordinary exterior paint applied to the same wall in a single, uniform color.
C. Persons intending to create a mural within the Township may apply to the Zoning Officer free of charge for a determination that the artwork does not constitute a regulated sign. A mural that is painted without Zoning Officer approval is subject to removal if it is in violation of this section.
D. The perceived cultural, artistic, historical, or societal significance of any depiction in any artwork is unrelated to a determination made by the Zoning Officer pursuant to this section.
See
Article XIX: Signs for complete, detailed information on Signs.
