The following definitions are applicable to the provisions of this article:
ACT OF GOD: A direct, sudden, and irresistible action of natural forces such as could not reasonably have been foreseen or prevented, as a flood, hurricane, earthquake, or other natural catastrophe.
COMMERCIAL/INDUSTRIAL BUILDING: Any building or structure, all or part of which contains a commercial or industrial use permitted by this code. "Commercial structure" shall not include any building or structure constructed or reconstructed for the elderly or disabled pursuant to title 10, chapter 3, article 12.5 of this code.
COMMISSION: The fine art commission.
CONSTRUCTION COST: The total value of all building permits issued by the city as they relate to the construction, reconstruction or addition work on a commercial/industrial building, or the office or retail portion of a mixed use building in the city.
DECORATIVE ART: Arts and crafts that are employed in the making of ornamental and functional works in a wide range of materials. Decorative arts are concerned with design, decoration, ornamentation and/or functionality of the object rather than the purely aesthetic.
FINE ART: Art produced or intended primarily for beauty rather than utility. Fine art includes, but is not limited to: sculpture, photography, drawing, multimedia art and painting. Fine art shall not include the following: a) decorative, ornamental or functional elements designed by the architect or other design consultant retained for the design and construction of the subject building; b) art objects that are mass produced with a standard design such as fountains and statuary objects; c) an artistic or architectural element that is a structural part of a building; or d) decorative art.
FINE ART OBLIGATION: The obligation to provide art or make an in lieu payment as specified in section 3-1-802 of this chapter.
MIXED USE BUILDING: A site with two (2) or more different land uses, such as, but not limited to, a combination of residential, office or retail uses in a single or physically integrated group of structures or the development of a combination of different land uses in a single zone.
PROPERTY OWNER: The titleholder of the subject property.
RECONSTRUCTION: All alterations or repairs made to a commercial/industrial building or the office and/or retail portion of a mixed use building where:
   A.   Any such alterations or repairs result in changes to the exterior of the building, with the exception of signs and/or awnings;
   B.   The changes to the exterior of the building are not limited to repair and/or ordinary maintenance; and
   C.   The building permit valuation of all alterations or repairs to the building equals or exceeds five hundred thousand dollars ($500,000.00).
Notwithstanding the foregoing, reconstruction necessitated by damage due to fire, flood, wind, earthquake, or other disaster shall be exempt from this article. (Ord. 15-O-2672, eff. 2-6-2015)