1183.04 PUBLIC ART DEVELOPMENT FEE REQUIREMENT FOR PRIVATE DEVELOPMENT.
   (a)   Public Art Development Fee: Private nonresidential and multi-family developments, including building additions and renovations, with construction costs in excess of five hundred thousand dollars ($500,000) shall be required to pay a public art development fee.
   (b)   Fee Amount: The Building Department shall collect a public art development fee based on the total construction cost as defined in this Chapter. The fee will be based on .50% of the total construction costs as determined by the Chief Building and Zoning Inspector. The public art development fee shall be assessed as part of the building permit plan review.
   (c)   Time of Collection: The Building Department shall collect the public art development fee before issuance of a building permit required by this Code.
   (d)   Use of Public Art Development Fees: All public art development fees collected by the Building Department shall be deposited in the Public Arts Fund. Any fee paid into this fund shall be used only for the purpose of providing public art.
   (e)   Development Activities Exempt from Public Art Development Fee Requirement: The public art development fee requirement shall not apply to the following development and project activities:
      (1)   Development projects with construction cost of less than five hundred thousand dollars ($500,000).
      (2)   Construction activities in the public right-of-way related to private development, including underground public works projects, street or sidewalk repairs, and tree planting or median landscaping.
      (3)   Remodeling, repair or reconstruction of a structure damaged by fire, flooding, wind, earthquake or other calamity.
      (4)   Development projects involving a municipal facility or institutional uses, such as churches, hospitals, and schools.
      (5)   Any development, construction, or alteration on the property that is solely owned or leased by a non-profit entity and used in furtherance of the owner's or lessee's legally recognized non-profit purpose.
         (Ord. 2021-41. Passed 5-4-21.)