(a) Location and Installation Requirements. Required public art shall be installed on the development site in a location that allows the required public art to be visible to the public from a public right-of-way or from other public property at all times, in compliance with the following:
(1) The required public art shall be installed in the location approved by the Planning Commission as identified on the approved final development plan. Relocation of required public art to an alternate publicly accessible location on the development project site requires further review and approval by the Planning Commission.
(2) The required public art shall be a permanent, fixed asset to the property. The composition of the artwork shall be of permanent materials requiring a low level of maintenance. Materials used shall be durable and weather resistant.
(3) The required public art shall be identified by a plaque that meets the standards in use by the City at the time of its installation. The requirement of this subsection may be waived if determined under a particular circumstance to be inconsistent with the intent of this Chapter.
(b) Ownership and Maintenance Obligations. The property owner shall own the artwork when the artwork is installed on private property. The property owner shall maintain or cause to be maintained in good condition the required public art continuously after its installation and shall perform necessary repairs and maintenance to the satisfaction of the City.
(1) Necessary maintenance of the required public art shall also include protection of the artwork against destruction, distortion, mutilation, or other modification.
(2) The developer or owner shall execute a restrictive covenant in a form acceptable to the City Law Director and enforceable by the City, which shall be filed and recorded against the project site, shall run with the land, and shall include the maintenance obligations of the property owner.
(c) Minimum Installation Period.
(1) The required public art shall remain on the project site for not less than twenty (20) years from the original installation date, as that term is defined in this Chapter.
A. In the event a development project is sold within twenty (20) years from the installation date, the required public art shall remain at the development for which it was created and shall not be claimed as the property of the seller or removed from the development or its approved location.
B. In the event a development project is to be demolished within the twenty (20) year period, the owner shall relocate the required public art to another publicly accessible, permanent location that is approved in advance by the Planning Commission, at the owner's expense.
(2) In no case shall the required public art be removed for any reason prior to the expiration of the twenty (20) year period, unless approved by the Planning Commission. The developer or owner shall replace the required public art within six months of its removal, pursuant to the requirements of this Chapter and same approval process, or pay an amount equal to the remaining portion of the public art development fee prorated over the twenty (20) year period.
(3) Any removal, relocation, or replacement of the required public art shall be consistent with the Federal Visual Artists' Rights Act and any other relevant law.
(Ord. 2021-41. Passed 5-4-21.)