1183.07 REVIEW PROCEDURES FOR REQUIRED PUBLIC ART IN PRIVATE DEVELOPMENT.
   (a)   Initial Discussion During Development Plan Review.
      (1)   During the development plan review, the developer shall confer with the Public Art Committee to ensure the developer's compliance with this Chapter.
      (2)   As part of the development plan review process, the developer shall advise the Planning Commission of its intent to either pay the Public Arts Development Fee or seek on-site installation of public art, or a combination of the two if the value of the on-site public art is less than the required Public Arts Development Fee.
      (3)   When applicable, the developer shall identify on the development plan suitable locations for the potential installation of required public art, and discuss general considerations, including placement, with the Planning Commission.
   (b)   Submittal Requirements. An applicant seeking approval of a project subject to the requirements of this Chapter shall submit a required public art application and scheduled fee to the Building Department as a condition of approval of other required project applications. The application shall include:
      (1)   A description of the proposed required artwork, budget for design, fabrication, transportation, and installation, and a maintenance program;
      (2)   Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to identify the nature of the proposed required artwork, the resume of the artist, and evidence of previous work and efforts of the artist;
      (3)   The preliminary construction and alteration cost of the project;
      (4)   Preliminary plans containing such detailed information as may be required by the Chief Building and Zoning Inspector to adequately evaluate the location of the required artwork, and its compatibility with the proposed development, including consideration of the character of adjacent parcels and existing neighborhood; and
      (5)   A narrative statement to demonstrate that the required artwork will be displayed in an appropriate public place, based on the characteristics of the artwork or its placement on the site.
   (c)   Public Art Committee Review. The Chief Building and Zoning Inspector shall transmit the completed application to the Public Art Committee.
      (1)   The Public Art Committee shall review the application and plans concerning the proposed required artwork, its proposed location, and estimated costs, the aesthetic quality and harmony with the proposed project, and the public accessibility to the artwork, including any recommended conditions of approval.
      (2)   The Public Art Committee may make recommendations to the developer for changes to the public art proposal.
      (3)   The Public Art Committee shall recommend approval, conditional approval or denial of the proposed required public art.
      (4)   A member of the Public Art Committee shall be selected to assist the developer during the subsequent review steps.
   (d)   Design Review Board Review. For any application related to an historic building or in an historic district, such application and the Committee's recommendation shall be transmitted to the Design Review Board. The Design Review Board shall provide its recommendation to the Planning Commission.
   (e)   Planning Commission Review. Upon receipt of the recommendations from the Public Art Committee and the Design Review Board, when applicable, the Planning Commission shall consider the required public art proposal.
   (f)   City Council Review. In the event a proposed required public art requires public funding from the Public Arts Fund, City Council shall review and act on the proposed expenditure upon receipt of the Planning Commission and Design Review Board's recommendations.
   (g)   Security Required for Building Permit. No building permit for the development shall be issued until the applicant deposits with the City security either in the form of a surety bond issued by a surety company authorized to do business in the State of Ohio, or the equivalent amount in other security approved by the Chief Building and Zoning Inspector and City Law Director in an amount equal to 50 percent of the total public art development fee based on preliminary construction or alteration costs. Any costs associated with acquiring the required security are the responsibility of the applicant, and not eligible as a credit toward the required art development fee.
   (h)   Installation. Approved required public art shall be installed prior to a certificate of occupancy being issued for the project.
   (i)   Artwork on Public Property Agreement. If the City Council approves the proposed required artwork on City-owned property, a formal written agreement shall be executed between the City and the project applicant. This agreement shall include the costs, responsibilities, and schedule of all aspects of the project, including funding, fabrication, site preparation, installation, and maintenance budget and requirements, transfer of title, applicant's and/or artist's rights, project supervision documentation, an identification plaque, the City's rights (including deaccessioning), and other requirements established by the City.
   (j)   Final Costs. Final construction and alteration costs as well as the actual cost of artwork shall be provided to the City. If the cost of the artwork is less than the required percentage of the final construction and alteration costs, additional public art shall be installed to meet the percentage requirement, prior to the City's final inspection, otherwise a public art fee shall be paid for the remaining amount by the developer. The new public art shall comply with the same review procedure as described in this section. Payment of the public art development fee for the remaining amount may be authorized by the Chief Building and Zoning Inspector.
(Ord. 2020-41. Passed 5-4-21.)