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| Zoning Code Excerpts
Division 7. Public Art Section
VII-701. Public Art Required Any
property owner or developer who applies to the City for a
building permit to construct or make substantial improvements
to a nonresidential building or non-residential portion of a
mixed use building located in the Commercial-Central Business
District (C-CBD) zone or the Theater and Arts District (TAD)
zone, Downtown Edge (DTE), Downtown Core (DTC), Downtown
Bayfront (DTB), or public building on Governmental Use (G)
zoned property located in the Community Redevelopment Area as
depicted in the Community Redevelopment Plan adopted September
22, 1986, shall be required to do one (1) of the
following: A.
Contribute
an amount equal to one-half of one percent (0.005) of the
first twenty million ($20,000,000.00) dollars in construction
cost for the project for a maximum contribution of one hundred
thousand ($100,000.00) dollars to the City of Sarasota public
art fund established by Section VII-704 of this Division. When
a project is to be constructed in phases, the maximum
contribution pursuant to this Section shall be one hundred
thousand ($100,000.00) dollars for the entire phased project.
For projects whose construction cost is one million
($1,000,000.00) or less the property owner or developer shall
be required to contribute an amount equal to one-half of one
percent (0.005) of the construction cost to the City of
Sarasota public art fund in lieu of providing public art or
public works of art on the development site or in a public
place off-site in accordance with Section VII-701, B or C of
this Division. B.
Provide
public art or public works of art on the development site
provided that: 1.
The value
of such public art or public works of art shall be equal to or
greater than one-half of one percent (0.005) of the
construction costs for the project if the construction costs
are less than twenty million ($20,000,000.00) dollars. The
value of such public art or works of art shall be at least one
hundred thousand ($100,000.00) dollars if construction costs
are twenty million ($20,000,000.00) dollars or more;
and 2.
Such
public art or public work of art is approved by the Public Art
Committee hereinafter established prior to placement on the
site. The public art committee shall be authorized to approve
proposed public art or public work of art prior to its
fabrication or acquisition. Nothing herein shall be construed
to require that public art or a public work of art be in
existence and subject to examination at the time of its
approval by the public art committee. 3.
Provided,
however, that Sarasota County shall not be required to conform
to the requirements of this Section so long as Sarasota County
provides public art, upon the construction of its public
buildings, in conformity with the Sarasota County public art
program and so long as the public art proposed by Sarasota
County is approved by the Board of County Commissioners after
receiving and considering the comments and recommendations of
the City of Sarasota public art committee. 4.
All works
of public art located on private parcels shall be installed
outside of any and all buildings and completely visible from
the adjacent public right-of-way. C.
To provide
public art or public works of art in a public place on a
zoning lot other than the zoning lot proposed for development
provided that: 1.
The value
of such public art or works of art shall be equal to or
greater than one-half of one percent (0.005) of the
construction costs if the construction costs are less than
twenty million ($20,000,000.00) dollars. The value of such
public art or works of art shall be at least one hundred
thousand ($100,000.00) dollars if construction costs are
twenty million ($20,000,000.00) dollars or more;
and 2.
Such
public art or public work of art is approved by the City
Commission, after receiving the recommendation of the public
art committee, prior to placement, on the site approved by the
City Commission pursuant to paragraph (3) below. The City
Commission shall be authorized to approve proposed public art
or public work of art prior to its fabrication or acquisition.
Nothing herein shall be construed to require that public art
or a public work of art be in existence and subject to
examination at the time of its approval by the City
Commission. 3.
Such
public art or public works of art is located in a public place
off the development site which is approved by the City
Commission after receiving the recommendation of the public
art committee.
The above requirements shall not be applied to commercial
buildings or public buildings or public buildings in the event
the source of funding or other statute or regulation
applicable to the development project prohibits art as an
object of expenditure of funds.
Section VII-702. Removal or Replacement - Prohibited of Public Art After a
work of art has been approved by the public art committee or
City Commission in accordance with Section VII-701, such work
of art shall be retained on site in its approved location and
shall not be removed without prior approval of the public art
committee and City Commission of a reasonably equivalent
replacement work of art. Section VII-703. Additional Work of Public Art - Permitted After public art which meets the requirements of this Division has been installed on a development site, nothing herein shall be construed to prohibit the installation and placement of additional works of art onsite. Such additional works of art shall require approval from the public art committee in accordance with Section VII-701 above. Section VII-704. Public Art Fund There is
hereby created a public art fund which shall consist of all
contributions received pursuant to Section VII-701(A), cash
grants to the City for public art projects from governmental
or private sources, and all other funds donated to the City
for the provision of public art by private parties. The public
art fund shall be used solely for the selection, acquisition,
transportation, installation, maintenance and promotion of
works of art to be displayed in the City and all expenditures
from the fund shall be approved by the City Commission after
the recommendation of the public art committee. Any works of
art purchased with such funds shall be and remain the sole
property of the City. The public art fund shall be kept in an
interest bearing account, separate from general revenues and
all accrued interest shall be deposited in the public art
fund. The cost of insurance for public art located on property
owned by the City shall be paid from the City's general
fund. Section VII-705. Application for Building Permits
Developments
required to provide public art in accordance with this article
shall: A.
If a contribution to the art fund is to be made, then,
prior to the issuance of a building permit, the property owner
or developer shall make the contribution as provided for in
Section VII - 701.A. B.
If the public art has not been created, produced or
rendered, then at the same time as the application for a
permit is submitted to the Director of Building, Zoning and
Code Enforcement, the property owner or developer shall submit
to the Public Art Committee: 1.
a description, in writing, the process by which the
artist (s) were or will be selected; and 2.
a proposed schedule for the creation, completion and
installation of the approved art at the development site;
and 3.
the location where the public art is to be installed;
and 4.
a detailed cost estimate or other evidence of value;
and 5.
deposit with the City of Sarasota Finance Department in
the form of cash or cashier’s check the amount of one hundred
fifteen percent (115%) of the value of the public art, as
required in Section VII-701 B or C. The
application for a building permit shall certify that such
submittal to the Public Art Committee and the required deposit
has been made. C.
If the public art has been created, produced or
rendered, then at the same time as the application for a
building permit is submitted to the Director of Building,
Zoning and Code Enforcement, the property owner or developer
shall: 1.
submit graphic, photographic or architectural
renderings; and 2.
a description of the proposed public art which is to be
installed at the development site or other public place;
and 3.
the location where the public art is to be installed;
and 4.
an independent appraisal of the value of the art work,
to the Public Art committee or other evidence of
value. The
application for a building permit shall certify that such
submittal to the Public Art Committee has been made. The cost
of the appraisal shall be the sole responsibility of the
property owner or the developer. D.
Funds of the property owner or developer deposited with
the Finance Department, as provided for in subsection B. or
C., shall be released when the Director of Building, Zoning
and Code Enforcement certifies to the Finance Director that
the public art has been installed as required. E.
If the public art has not been installed as required
herein and any extensions for such installation, if any, have
elapsed, the Director of Building, Zoning and Code Enforcement
shall petition the City Commission for authorization to
forfeit all monies deposited with the Finance Department. Such
deposit shall be ordered forfeited by the City Commission, if
it determines, after notice to the property owner or
developer, that the public art was not installed as required
by this Section. F.
All decisions of the Public Art Committee made pursuant
to this section shall be appealable to the City Commission
within thirty (30) days of the oral rendering of such
decision."
Section
VII-706. Standards for Approval or Disapproval of Public
Art A.
The Public Art Committee shall be governed by the
following mandatory and non-mandatory criteria in the exercise
of their discretion to approve, approve with conditions or
disapprove the proposed installation of public art as required
by this division. The Public Art Committee must find that each
element of the mandatory criteria has been satisfied. In
addition, the Public Art Committee shall determine whether or
not the proposed installation of the public art, on balance,
comports generally with the elements of the non-mandatory
criteria. a.
Whether the proposed public art conforms to the
definition of public art as set forth in Section
II-201; b.
Whether the proposed public art meets or exceeds the
value requirements of Section VII-701; c.
Whether the proposed public art is compatible with the
neighborhood and not injurious to the neighborhood or
otherwise detrimental to the public welfare; d.
Whether the proposed public art presents a safety
hazard to the public; e.
Whether signs or other encroachments are or should be
set back a certain distance from the proposed public
art. 2.
Non-mandatory Criteria a.
Whether the proposed public art is of exceptional
quality and enduring value; b.
Whether the proposed public art serves to further the
City's goal of promoting cultural diversity; c.
Whether the proposed public art serves to further the
City's goal of promoting a broad range of artistic styles and
media from traditional to contemporary works of art in order
to maintain an overall balance within the City; d.
Whether the proposed public art is supportive of the
City's vision and goals; e.
Whether the proposed public art is appropriate to the
site; f.
Whether the proposed public art should be installed at
the proposed location on a site or at a different
location; g.
Whether the proposed public art requires extraordinary
maintenance, such as any special servicing due to periodic
adjustment, repainting, or repair or replacement of moving
parts; |
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