Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
(a) "Artist" means an individual generally recognized by critics and peers as a professional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner's body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and/or production of art work.
(b) "Artwork" means all forms of art created by an artist and conceived in any discipline or medium, including visual, performance, literary, media and temporary works.
(c) "City of Willoughby public art collection" or "City collection" means all artwork owned by the City of Willoughby or installed on City-owned property.
(d) "City-owned property" means property, including right-of-way, owned and/or under the jurisdiction of the City or other public agency.
(e) "Construction or alteration cost, final" means the actual cost to build a new structure or alter an existing structure as demonstrated by the final project cost accounting. The final construction costs shall be verified with a written declaration and signatures from the developer stating the amount is accurate.
(f) "Construction or alteration cost, preliminary" means the estimated cost of construction or alteration cost as declared on building permit applications, and as accepted by the City's Building and Zoning Department. In no event shall the valuation be less than that determined by the Willoughby Building Department.
(g) "Cost of artwork" means the total cost of design, manufacture, installation, and other related expenses as defined within this Chapter.
(h) "Deaccession" means the procedure for the removal of an artwork.
(i) "Developer" means the person or entity that is financially and legally responsible for the planning, development and construction of any development project covered by this Chapter, who may, or may not, be the owner of the subject property.
(j) "Donor" means an individual, group, organization, or business that proposes a public artwork for donation and installation on City-owned property, and may include the artist(s) who created the proposed gift.
(k) "Gift" means an existing or proposed artwork offered as a donation to the City for installation on City-owned property. Alternatively, a gift is a contribution to the public art fund, not including payment of a required public art development fee, for the purpose of acquiring public art for the City.
(l) "Maintenance" means actions taken to delay or prevent damage to artwork by control of the environment and/or treatment of the artwork on a routine and long-term basis, and includes preservation of the artwork and, where applicable, of the lighting and surrounding landscaping, in good condition to the satisfaction of the City; and protection of the artwork against physical defacement, mutilation or alteration.
(m) "Original Art Mural" means an original work of visual art produced by hand that is marked, etched, scratched, drawn, tiled or painted directly upon, or affixed directly to an exterior wall of a building and is visible from a public place.
(n) "Public art committee" or "committee" means the committee established herein to provide review and recommendation to the Planning Commission, Design Review Board and Council on matters pertaining to this Chapter.
(o) "Public art" means visual, performance, literary, media, and temporary artwork or any combination thereof displayed or performed at a public place.
(p) "Public art development fee" means the fee assessed on proposed development projects according to the provisions of this Chapter.
(q) "Public place" means any exterior area on public or private property that is easily accessible and clearly visible to the general public. If located on private property, the area shall be clearly visible from adjacent City-owned property, such as a street, sidewalk, park or plaza.
(r) "Required public art" means public art on private or public property permanently affixed to a structure or its grounds, or a combination thereof, including but not limited to sculpture, murals, photography, original works of graphic art, waterworks, fiberworks, neon, glass, mosaics, the cost of which has been approved to serve as credit toward the public art development fee.
(Ord. 2021-41. Passed 5-4-21.)