8481-13ORDINANCE NO. 8481 -13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE,
DIVISION 24, PUBLIC ART AND DESIGN PROGRAM, SECTION
3 -2401, PUBLIC ART AND DESIGN PROGRAM, AND SECTION
3 -2405, PUBLIC ART AND DESIGN ALLOCATIONS FOR
PRIVATE CONSTRUCTION PROJECTS AND DEVELOPMENTS;
PROVIDING THAT PRIVATE DEVELOPMENT PROJECTS ARE
ENCOURAGED TO INCORPORATE PUBLIC ART INTO EACH
NEW DEVELOPMENT OR RENOVATION PROJECT FOR
WHICH A BUILDING PERMIT IS ACQUIRED, OR IN LIEU
THEREOF, DONATE MONIES INTO THE CITY'S PUBLIC ART
FUND ON EQUAL FOOTING WITH THE CITY'S
CONTRIBUTIONS AS PROVIDED FOR IN SECTION 3 -2404;
AMENDING SECTION 3 -2406, OWNERSHIP AND
MAINTENANCE, DELETING CERTAIN REQUIREMENTS FOR
OWNERSHIP AND MAINTENANCE OF WORKS OF ART
INCORPORATED INTO PRIVATE CONSTRUCTION
PROJECTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City recognizes that a superior and diverse aesthetic character of
the City's built environment is vital to the quality of the life of its citizens, the economic
success of its businesses, an attraction for visitors and a benefit to tourism; and that a
public art and design program contributes to the aesthetic enhancement of the
community; and
WHEREAS, to that end, City of Clearwater Ordinance No. 7489 -05, adopted
October 6, 2005, established a Public Art and Design program and authorized the
allocation of certain funds in the construction and renovation of eligible City building
projects; and
WHEREAS, in the spirit of promoting public art in addition to the City's
contributions, the City encourages private developers /owners of properties within the
City to invest time, effort and money into incorporating works of art into the development
of their sites, recognizing that the art will not only become an integral, lasting component
of the cityscape, but will be of intrinsic value to their developments; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF CLEARWATER, FLORIDA:
Section 1. Division 24, Community Development Code, Section 3 -2401 is hereby
amended to read as follows:
Section 3 -2401. Public Art and Design Program.
The City of Clearwater recognizes that providing for public art and enhancing the
appearance of buildings and spaces provides benefits to the community by expanding
the historical, cultural, and creative knowledge of citizens. In keeping with its concern for
the arts and quality of its environment, not Tess than of one percent of the total
construction budget of each eligible city capital project shall be allocated as the city
public art contribution for the incorporation of public works of art. Further, eligible- private
1 Ordinance No. 8481 -13
development projects shall also are encouraged to allocate not less than one percent of
the aggregate job value for on -site public art to enhance the visual appeal of the project
and city. An in- lieu -of contribution to the city's public art and design program, as
provided for herein, - _ - - is encouraged as an alternative to
the incorporation of art.
Section 3 -2405. Public art and design allocations for private construction projects and
developments.
1. All projects and developments, as listed below, which are submitted for building
permits are encouraged to must allocate not less than one percent of the aggregate job
value up to the sum of $200,000.00 per project for the provision of public art.
a. New construction of, or renovation projects related to commercial, industrial, mixed -
use projects and developments, and residential projects and developments,
equal or exceed an Aggregate Job Value of $5 million dollars ($5,000,000). If
renovations affect multiple structures on a project site, which may be permitted
for thc site.
2. When a project is subject to the requirement of choosing to incorporate works
of public art or provide for a public art allocation, the developer shall have has two
options:
a. The developer may contract with a professional artist to create a permanent
public artwork as part of the development project. It is encouraged that Artworks
must be located in publicly accessible locations. If desired, support will be
available from both city staff and the public art and design board to assist in the
selection of an artist.
SU-Gil-Some options for the artwork may
include amenities such as streetscapes, paving treatments, architecturally
integrated water features as well as mosaics, murals, or sculpture, etc. The
will -be- issued-
b. In lieu of an on -site project, a developer may contribute .75 perccnt of thc
to the city's public art and design program. This in lieu fcc
3. Excluded from this requirement shall be:
- ........
- --- -- - - - - '- -- "= - - -
1. The application is approved within six months of the date of
2. Construction begins within six months of the iscuancc of such
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Ordinance No. 8481 -13
Section 3 -2406. Ownership and Maintenance.
1. Ownership of all works of art acquired on behalf of the city shall be vested in the
city, which shall retain title to each work of art.
2. All contracts for artwork that will be acquired or accepted for ownership by the
city must be reviewed and approved by the city's legal department.
3. Ownership of all works of art incorporated into private construction projects shall
be vested in the property owner who shall retain title to each work of art.e
the title is passed to a subsequent owner and, as a result, a deed restriction
but not limited to normal code enforcement rules, to ensure that proper
5. The owner may request that the artwork be removed from the site due to
ofthe- beard.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING October 16, 2013
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED
November 7, 2013
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George N. Cretekos
Mayor
Approved as to form: Attest:
Laura Lipowski Mahony
Assistant City Attorney
Rosemarie Call
City Clerk
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