2.82.130 Public Art Associated with Development Incentives.
(A) Any private developer/owner who requests development incentives for any development project must commit Ten Cents ($0.10) per square foot for all buildings and Fifteen Dollars ($15.00) per parking space for any newly constructed surface parking spaces (not including resurfacing of existing parking areas) and newly constructed above- or below-ground parking structures (whether self-standing or integrated) not to exceed Five Hundred Thousand Dollars ($500,000.00) to the provision of public art in conjunction with such project.
(B) If the private developer/owner receiving development incentives does not wish to have public art in conjunction with its commercial development project, or if such project will be developed on property zoned M-1 or MP-1, M-2 or MP-2, M-3 or MP-3, such developer/owner must pay to the City an amount equal to seventy-five percent (75%) of the cost it would have otherwise been required to pay for the provision of public art as part of its commercial development project under subsection (A) of this Section. Such payment will be made prior to issuance of a building permit on the project and deposited into the City’s Public Art Fund.
(C) The Parks and Recreation Director or designee is charged with administration and enforcement of this Section and is authorized and empowered:
(1) To establish rules and regulations pertaining to the installation of public art pursuant to this Section and any payments to the City’s Public Art Fund and to amend those rules and regulations as necessary;
(2) To receive, review, and recommend to the Governing Body approval or rejection of proposed public art installations created pursuant to subsection (A) and to certify eligible art installations within the City;
(3) To initiate reviews, surveys, and verifications of all information and materials submitted pursuant to this Section in order to insure compliance. Actions taken pursuant to this subsection are subject to the approval of the City Manager or designee;
(4) To engage the Public Art Committee as required by this Chapter; and
(5) To receive, investigate, and make recommendations regarding complaints of violations of this Section, including making recommendations to the Public Art Committee regarding such complaints. (Ord. 19-80 § 1, 2019; Ord. 17-77 § 1, 2017; Ord. 17-16 § 2, 2017.)