1.

Developers of any new professional office, lodging projects, retail, service, commercial, wholesale, transportation, or expansion projects and multi-family projects with five or more dwelling units within the Griffin Overlay District are required to provide public artwork.

a.

The public art must have an invoiced cost or appraised value equal to one percent of the cost of building construction, including associated site work, signage, and water features (encouraged to use recycled water);

b.

As an alternative to providing public art, developers may contribute to a dedicated fund established by the City of Griffin for these improvements; the dollar amount shall be an amount equal to a minimum of one percent of the cost of building construction and associated site work and signage.

i.

If a developer chooses to contribute the required art investment to the City of Griffin, monies must be deposited in order to receive approval for the Certificate of Occupancy. If requested, the City staff will work closely with the developer to identify an appropriate use of the contribution that will benefit both the developer and the city.

c.

The public art requirement must be met prior to the issuance of a Certificate of Occupancy. The art contribution should be approved by City Staff as being in compliance with the ordinance. Approved artwork must be installed in accordance with approved construction and landscape plans. Artwork selected by the developer must be integrated with the project must be located on an exterior of the structure or the building site, be visible to the public; and

d.

Acceptable forms of art include the following:

i.

All forms of limited edition or one-of-a-kind original creations of visual art created by an artist;

ii.

Project features and enhancements which are unique and produced by a professional artist such as benches and fountains;

iii.

Murals or mosaics covering walls;

iv.

Professional artist sculptures which can be freestanding, wall-supported or suspended and made of durable materials suitable to the site and the climate; and

v.

Other suitable artworks as presented in a catalogue and previously approved by city staff/board of commissioners.

e.

The location of the artwork should be in an outdoor location. Approved sites are:

i.

City owned property, including rights-of-way, parks;

ii.

City Hall complex; and

iii.

Subject site.

Note: A plaque shall be placed at the approved location identifying the artist and date of installation.

f.

Non-acceptable works of art:

i.

Business logos or art that incorporates a logo;

ii.

Directional elements such as signage or color coding except where these elements are integral parts of the original works of art;

iii.

Mass-produced art objects, such as fountains, statuary objects, or playground equipment;

iv.

Reproduction by mechanical or other means of original works of art;

v.

Decorative ornamental or functional elements created by the project architect instead of an artist commissioned for this purpose;

vi.

Landscape architecture or gardening except for elements designed by the artist as an integral part of the work of art;

vii.

Electrical, water or mechanical service for activation of the works of art;

viii.

Art exhibitions and educational activities;

ix.

Security and publicity concerning works of art; and

x.

Standard landscape or hardscape elements which would normally be associated with the project.

g.

Eligible costs for artworks. When preparing a budget for the artwork, certain costs may be included to meet the developer's required art investment:

i.

Professional artist's budget, including artist fees, materials, assistants' labor costs, insurance, permits, taxes, business and legal expenses, operating costs and art dealer's fees if such fees are necessary and reasonable;

ii.

Fabrication and installation of the artwork, including base and/or foundation if necessary;

iii.

Site preparation for artwork;

iv.

Structures enabling the artist to display the artwork;

v.

Documentation of the artwork; and

vi.

Acknowledgment plaque identifying the artist, artwork and development.

h.

Development responsibility after installation.

i.

Art located on the subject site will remain the owner's property, subject to a covenant on the part of the developer that the piece will remain in public view. It will be the property owner's responsibility to insure and maintain the piece of art. The insured value must equal the appraised value.

ii.

Art located on city-owned property shall be dedicated to the city. The final location will be reviewed by the city to ensure compliance with American with Disabilities Act (ADA), if applicable, and to minimize conflicts with public utilities in city rights-of-way. The city will be responsible for maintaining all pieces on city-owned property.

i.

Development projects not subject to public art contribution. The requirements of this chapter shall not apply to the following:

i.

Tenant improvement projects;

ii.

Building additions;

iii.

Remodeling, repair or reconstruction of an existing structure;

iv.

One hundred percent low-income housing projects;

v.

Nonprofit agencies and institutions that exclusively provide social services only to the general public, upon approval of the board of commissioners; and

vi.

Condominium conversion projects.