§ 78-128. Applicability.

(a)

The art in public places program requirements defined in this section shall apply to the following activities:

(1)

Private development projects as set forth in section 78-129

(2)

Public construction projects as set forth in section 78-133.

(b)

Exceptions. The requirements of this article shall not apply to the following development or activities:

(1)

Single-family residences not developed as a planned development;

(2)

Ordinary property maintenance;

(3)

Repairs and restoration resulting from fire, flood, windstorm or other casualty or natural disaster, as determined by the building official;

(4)

Affordable residential housing units where at least 51 percent of the units are reserved for affordable housing;

(5)

Institutional uses, such as churches, hospitals, and public or not-for-profit private schools;

(6)

Premises which are owned or leased solely by a non-profit entity and used in furtherance of the non-profit purpose;

(7)

Industrial and commercial development that is not open or accessible to the general public due to the storage or use of hazardous, radiological, or infectious materials, national security reasons, or other reasons related to the health, safety or security of the public.

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