§ 78-122. Definitions.

Unless qualified in the text, the following definitions shall apply to this article:

Affordable housing means housing that is affordable for households at or below 140 percent of the area median income as defined by the U.S. Department of Housing and Urban Development (HUD) income limits per household size and that meets maximum housing payments established by HUD, Florida Housing Finance or local ordinance. Housing payments generally do not exceed 35 percent of household's gross monthly income.

Art, artwork or work of art means an original physical work created or produced by a professional artist, including, but not limited to, paintings, sculpture, engravings, carvings, frescos, stained glass and glass work, mosaics, mobiles, murals, collages, mosaics, statues, bas reliefs, photographs, video projections, drawings, fountains, landscape design, artifacts of historical or cultural significance, functional furnishings such as artist-designed seating, or other media. Artwork may be free-standing or integrated with the work of other design professionals into a building or site. Artwork may be new or may be an existing work of art. Artwork may include, but is not limited to:

1.

Sculpture: Free-standing, wall supported or suspended; kinetic, electronic; in any material or combination of materials.

2.

Murals or portable paintings: in any material or variety of materials.

3.

Fiber works, neon, glass, mosaics, photographs, prints, calligraphy, earthworks, any combination of forms of media, including: light, sound, literary elements, film, holographic images, and video systems; hybrids of any media and new genres.

4.

Furnishings or fixtures, including, but not limited to: gates, railings, lighting, street lights, signage, seating, if created by artists as unique elements or limited editions.

5.

Historically important elements, as determined by the city's historic preservation board.

6.

Culturally significant elements.

7.

Artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist. Such design elements may include pools, paths, benches, planters, and fixtures and vegetative materials where designed by a professional visual artist and/or are an integral part of the artwork by the artist.

8.

Temporary artwork or installations, that serve the purpose of providing community and educational outreach.

9.

The incremental costs of infrastructure elements, such as sound walls, utility structures, roadway elements, and other items if designed by an artist as a co-designer.

Ineligible Artwork: The following shall not be considered artwork:

1.

Art objects which are mass produced or of standard manufacture, such as playground equipment, fountains, statuary elements, signage, maps, corporate logos or other functional elements, unless incorporated into an artwork by an artist commissioned for that purpose.

2.

Reproductions, by mechanical or other means, of original artwork, except in the cases of limited editions controlled by the artist, cast sculpture, film, video, photography, printmaking, or other media arts.

3.

Decorative, ornamental, architectural, or functional elements which are designed by the building architect, as opposed to elements created by an artist commissioned for that purpose.

4.

Services or utilities necessary to operate and maintain an artwork over time.

5.

Works of art not visible to the public from a public right-of-way, except for private art programs, as provided in this article.

Artist means a professional in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. The term "artist" includes local artists.

Exterior place means any place, public or private, outdoor and exterior to buildings or structures and exposed to public view, including, but not limited to, buildings, parks, right-of-way medians and open spaces.

Local artist is an artist, as defined in this section, who resides in Palm Beach County.

Maintenance, with respect to artwork, means the required repairs or cleaning to keep a work of art in its intended condition, including preventative maintenance at scheduled intervals to curtail future deterioration, ordinary repairs or maintenance of a structure, including but not limited to, painting, repair or replacement, installation of mechanical equipment.

Maintenance, with respect to ordinary property maintenance, means ordinary repairs or maintenance of a structure, including but not limited to, painting, roof repair or replacement, installation of mechanical equipment.

Master plan mean the art in public places master plan, as approved by the city commission from time to time.

Mural means any drawing, artwork, inscription, or marking that is marked, etched, drawn or painted on any building or structure.

Private art program means an art program established by a corporation, foundation, or other organization which:

1.

Is located in an enclosed campus or development with a fence, wall, or other form of screening which borders the perimeter of the development;

2.

Consists of a collection of artwork, as defined in this article, with an appraised value of at least $750,000.00;

3.

Artwork was created by artists, as defined in this article;

4.

Is located within the development and outdoors;

5.

Has a professional art curator on retainer;

6.

Has at least one work of art visible from a public street;

7.

Opens the art collection to view by the public, by open house or scheduled visits, at least once each calendar quarter.

Project means new construction, renovation work, or façade improvements requiring a building permit where 50 percent or more of a building is being modified, renovated, expanded, rebuilt or improved by construction. For purposes of this article, project shall not include the following:

1.

Repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other casualty;

2.

Historic preservation or restoration;

3.

Interior renovation;

4.

Flood protection work items;

5.

Fire sprinkler installation work items as defined by the city code.

Each phase of a residential planned development shall be a separate project. If a developer is constructing four or more residential units in a residential planned development, or phase of such development, that did not previously comply with this article, such new construction shall be considered a project for purposes of this article. A residential unit shall be considered part of a project if the certificate of occupancy for the residential unit is not issued prior to the submittal of a building permit application for the remaining residential units in a group of four or more.

Public art assessment means one percent of the total dollar amount of the total construction costs of private development that equals or exceeds $750,000.00, which may be discounted as provided in this article.

Public place means any place, public or private, exposed to public view, including, but not limited to, buildings, parks, right-of-way medians and open spaces.

Renovation means a project requiring a building permit where 50 percent or more of the exterior building area is being modified, rebuilt or improved by construction. For purposes of this article, renovation shall not include the following:

1.

Repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other casualty;

2.

Historic preservation or restoration;

Temporary artwork is artwork created for a specific timeframe or event, and which is situated at a particular site on a temporary basis, not to exceed a period of two years.

Total construction costs means the total project construction costs, excluding demolition costs, real property acquisition costs and soil remediation costs. Calculations shall be based on construction and site improvement costs as declared on all building permit applications for the project. For purposes of calculating the public art assessment, construction costs shall include, but not be limited to, all building, plumbing, mechanical, and electrical permit applications for the project. The costs of grading and site preparation shall not be included in the costs.

(Ord. No. 4635-16, § 1, 5-9-2016; Ord. No. 4754-17, § 1, 2-12-2018)