§ 27-596. Art project.

(a)

Any proposed art project in the commercial districts that in the opinion of a majority of the community development board is found to be public art that enhances the commercial district may be recommended to the city council for its approval. If approved by the city council, such an art project will be permitted as long as it is maintained in good condition. The city council may place conditions for approval on the proposed project. Any such art project which deteriorates over time shall be removed by the applicant at the sole discretion of the city council. Proposed art projects must make application with the building department on the forms provided by the city before being placed on the community development agenda. The city manager or designee will determine if the application is complete before setting a date for the community development board to consider the application.

(b)

In making their decisions, both the community development board and city council shall determine:

(1)

That the proposed art project will enhance the aesthetic beauty of the area of its proposed location;

(2)

That the artist is capable of completing the work in accordance with the plan submitted as part of the application;

(3)

That the information in the application regarding the durability and expected maintenance of the proposed art project is correct; and

(4)

That the materials to be used and the manner of application will not require excessive maintenance by its owner.

(c)

In making their determinations, the community development board and city council may consider evidence of property values, the opinions of the owners and occupants of surrounding properties and the public.

(d)

If final approval is given for the project by the city council, the city manager or designee will issue a permit. The project will be inspected by the city manager or designee to ensure that the project is being completed as approved by the council.

(Ord. No. 2007-16, § 2, 11-5-07; Ord. No. 2010-14, § 55, 9-7-10)