9-1-19-43A: POLICY 43 (ABSOLUTE) PUBLIC ART:
A. An application for a Class C or Class D minor development permit for the placement of public art shall be reviewed only for site function suitability, and not for content of the public art or aesthetics. The Public Art Advisory Committee of Breckenridge Creative Arts shall not review such applications, except for murals described under subsection C(7) of this section, unless specifically requested to do so by the Planning Commission.
B. Notwithstanding anything contained in this code to the contrary, murals are prohibited within the Conservation District; provided, however, a mural may be displayed in the Conservation District pursuant to a permit issued under title 4, chapter 3 of this Code.
C. Notwithstanding subsection A of this section, a mural may be permitted on commercial properties outside the Conservation District through a Class C development permit, subject to the following:
1. A mural may only be placed on one façade of a building and that façade may not directly face a street front (e.g., may not be located on a building elevation parallel to the street).
2. A mural may only occupy fifty percent (50%) of a building façade, or two hundred (200) square feet, whichever is less.
3. A mural may be considered for placement on the side of tunnel walls, retaining walls, and utility boxes.
4. A mural may not advertise products or services provided within the building the mural is affixed to. Such advertisement shall be considered signage and shall be subject to the provisions of the town's Sign Code (chapter 15 of this title).
5. A mural may not be placed on a residential property.
6. Any lighting used to illuminate murals must adhere to the town's exterior lighting regulations (chapter 12 of this title).
7. All applications for murals shall be referred to the town's Public Art Advisory Committee of Breckenridge Creative Arts for its review and comments. The Public Art Advisory Committee of Breckenridge Creative Arts shall review the mural at a meeting and shall make a recommendation as to whether the application should be approved, approved with modifications, or denied. In its review of a mural application, the Public Art Advisory Committee of Breckenridge Creative Arts shall consider the site and artwork selection criteria included in the Breckenridge Public Art Program Master Plan and Policy. The applicant shall provide the following information for the review of the Planning Commission and the Public Art Advisory Committee of Breckenridge Creative Arts:
a. A rendering of the proposed mural, including a site plan and building elevations so the location and scale can clearly be understood;
b. A complete list of the brand of paints to be used and the specifications of materials to be used;
c. If a protective coating is applied to the finished work, identify the type of coating to be used;
d. A description of the responsible party for maintaining the artwork to address potential damage, vandalism, or weathering; and
e. Lighting plans if lighting is proposed.
The recommendations of the Public Art Advisory Committee of Breckenridge Creative Arts shall be forwarded to the Planning Commission for their consideration. The Planning Commission may rely on the recommendations in making its final determination on a mural application.
The Public Art Advisory Committee of Breckenridge Creative Arts shall not review any proposed mural which, in the determination of the director, contains noncommercial speech protected by the First Amendment to the United States Constitution or article 2, section 10 of the Colorado Constitution.
If an application for a mural is approved, the applicant shall enter into an agreement, with terms acceptable to the town, guaranteeing the maintenance of the artwork and identifying a process for de-accessioning the mural. At the discretion of the Planning Commission and the Public Art Advisory Committee of Breckenridge Creative Arts, the Planning Commission may place a limitation on the length of time the mural may be displayed. (Ord. 1, Series 2019)