Each application for a zoning permit must include public art meeting the requirements of this section, which is intended to allow for the broadest definition of public art and encourage imaginative interpretation of media.
(a) On-Site Public Art.
Public art may include, but need not be limited to the following, separately or in combination:
(.1) Sculpture;
(.2) Murals or paintings;
(.3) Earthworks, waterworks, fiber works, functional elements, furnishings, neon, glass mosaics, photography, prints, or calligraphy, in any combination of forms of media including sound, film, holographic, and video systems; hybrids of any media and new genres; and
(.4) Lighting in any combination or form.
(b) Location.
Public art must be located within the building, upon the building, or within public spaces on the site. Public art may be provided within the public sidewalk, if authorization, by ordinance, is obtained.
(c) Approval Criteria.
The proposed public art must be approved by the Art Commission and must include a long-term maintenance plan for the public art. The Art Commission may, upon request, assist in the selection of an artist or artists for the project or the selection of an arts coordinator for the project.
(d) Elements Not Qualified as Public Art.
(.1) Decorative, ornamental, or functional elements of the building or public space that are not designed by an artist and created specifically for the site and landscaped area or other furnishings or elements required by this Zoning Code, may not be counted toward meeting public art requirements, unless the Art Commission determines such elements comply with the intent of the public art requirement.
(.2) Items, functions, and events that are basically commercial in nature, such as commercial art galleries or exhibits of items for sale, will not satisfy requirements of this section of the code.
(e) Cost.
Public art as required in this section must be provided at an individual or combined minimum cost in accordance with the following:
(.1) For development on a lot, with construction costs of twenty million dollars ($20,000,000) or less, an amount equal to one percent (1%) of the construction costs;
(.2) For development on a lot, with construction costs of up to forty million dollars ($40,000,000), one percent (1%) of the first twenty million dollars ($20,000,000) of construction costs and one- half of one percent (0.5%) of the construction costs in excess of twenty million dollars ($20,000,000) but less than forty million dollars ($40,000,000); and
(.3) For construction costs greater than forty million dollars ($40,000,000), one percent (1%) for the first twenty million dollars ($20,000,000) of construction costs, one-half of one percent (0.5%) of the amount of construction costs in excess of twenty million dollars ($20,000,000) but less than forty million dollars ($40,000,000) and one-fourth of one percent (0.25%) of any construction costs in excess of forty million dollars ($40,000,000).
(f) Exceptions.
Public Art will not be required under this section for interior alterations in existing structures if the alterations apply directly to retail establishments or eating and drinking establishments not accessory to a licensed gaming facility.