It is the general purpose and intent of this division to foster the use and development of land in an orderly manner by both private and public interests with special consideration given to the appearance of the community as a result of such development. It is recognized that the appearance of property has a direct bearing on the economic value of such property and also the economic value of adjacent and surrounding property. The appearance of a single property affects not only surrounding property, but also the cumulative effect is to enhance or diminish the appearance of the City, and consequently the values of property within the City.

This division provides a procedure by which development of property within the City may be reviewed and modified in order to enhance the aesthetics of the City, and consequently, the economic value of property and general welfare of its citizens. Specific purposes of this division include:

(a)

To provide for the orderly and functional arrangement of land uses and buildings.

(b)

To establish standards for the orderly development or redevelopment within the City of Laurel.

(c)

To permit public involvement in the planning of private land uses which have the potential for significant impact on the use and enjoyment of surrounding property or on the public resources and facilities of the City.

(d)

To conserve and protect the taxable value of land and buildings in the City.

(e)

To protect the air, water and land resources within the City from the hazards of pollution and misuse.

(f)

To protect land and buildings from natural hazards including flooding, erosion and fire.

(g)

To preserve, protect and encourage the development of buildings, groups of buildings and development sites of distinguished architectural character and appearance.

(Ord. No. 1877, 9-26-2016)

(a)

This division shall apply to all development in the following Zoning Districts, which development requires the issuance of a permit by the City. Development does not include interior building repairs or modifications. No permit shall be issued except upon approval of the development plan in conformance with the procedures and standards set forth in this division. Maintenance standards in this division apply to all development approved pursuant to this division. Zoning districts which are subject to this division are as follows:

(1)

P-I—Public institutional zone.

(2)

R-5—One-family detached zone.

(3)

R-55—One-family detached zone.

(4)

R-20—One-family semi-detached, two-family detached, one-family triple-attached zone.

(5)

R-T—Townhouse, plexes zone.

(6)

R-30—Low density multifamily zone.

(7)

R-18—Medium density multifamily zone.

(8)

R-10—High density multifamily zone.

(9)

R-H—High-rise multifamily zone.

(10)

R-MD—Single-family detached medium density zone.

(11)

C-N—Commercial neighborhood zone.

(12)

C-C—Commercial community zone.

(13)

C-V—Commercial village zone.

(14)

C-VAC—Commercial village activity center zone.

(15)

O-B—Office building zone.

(16)

I-CS—Industrial commercial service zone.

(17)

I-G—Industrial general zone.

(18)

M-X-T—Mixed use—Transportation oriented zone.

(b)

Exceptions.

(1)

In the R-5, R-55, R-20, and R-T zones, this division only applies to the development that involves a special exception.

(2)

Hard surfaces dedicated to equipment, product, or merchandise storage are exempt from the parking lot interior landscaping requirements set forth in Section 20-27.1, Standards.

(3)

The I-G district is excluded from the Building Design Standards established in Subsection 20-28.7(a).

(Ord. No. 1877, 9-26-2016)

Accent. An area covering no more than twenty-five (25) percent of a building's surface area visible to the public.

Appearance. The outward aspect visible to the public.

Appurtenances. The visible, functional objects accessory to and part of buildings.

Architectural character. The composite or aggregate of the characteristics of structure, form, materials, and function of a building, group of buildings, or other architectural composition.

Architectural concept. The basic aesthetic idea of a building, or group of buildings or structures, including the site and landscape development, which produces the architectural character.

Architectural feature. A prominent or significant part or element of a building, structure, or site.

Architectural style. The characteristic form and detail, as of buildings of a particular historic period.

Berm. A raised form of earth to provide screening or to improve the aesthetic character. A berm must have earthen sides and a crest area of no less than four (4) feet in width. The slope of the berm may not exceed one (1) foot of vertical rise per three (3) feet in horizontal distance. Berms must be at least three and one-half (3½) feet high. Organic topsoil must cover the entire berm in a way that facilitates plant growth.

Bright or brilliant colors. Highly saturated chroma as defined in the Munsell System of Color Notation.

Cohesiveness. Unity of composition between design elements of a building, or a group of buildings, and the landscape development.

Compatibility. Harmony in the appearance of two (2) or more buildings, structures, and landscape developments in the same vicinity.

Conservation. The protection and care which prevent destruction or deterioration of historical or otherwise significant structures, buildings, or natural resources.

Cutoff luminaire. The candela at ninety (90) degrees above nadir is less than five (5) percent of rated lumens, and less than twenty (20) percent of rated lumens at eighty (80) degrees above nadir.

Decorative screen. A wall or fence intended to partially or entirely cut off visibility to the area behind it.

Development. Both the act of changing and the state of a tract of land after its function has been purposefully changed by man, including, but not limited to, construction, exterior improvement or exterior alteration of structures on the land and alterations to the land.

Development project. Any project to develop or construct any building or other above­ ground structure, park, plaza, bridge, parking lot or facility, or any portion thereof, the development or construction of which is subject to the Laurel City Code, subject to exclusions as set forth herein.;p0; Exterior building component. An essential and visible part of the exterior of a building.

Flood or spot light. Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

Foot-candle. See "Lumen."

Full cutoff light fixture. Fixtures, as installed, that are designed or shielded in such a manner that all light rays emitted by the fixture, either directly from the lamp(s) or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

Glare. The sensation produced by luminance's within the visual field that are sufficiently greater than the luminance to which the eyes are adapted, which causes annoyance, discomfort, or loss in visual performance and visibility.

Height of luminaire. The height of a luminaire shall be the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct light emitting part of the luminaire.

Indirect light. Direct light that has been reflected or has scattered off of other surfaces.

Lamp. The part of the luminaire that produces the actual light.

Landscape. Elements of nature, topography, buildings, and other manmade objects combined in relation to one another, including but not limited to trees, shrubs, vines, ground cover, flowers, grass, rock, stone, architectural or structural features such as fountains, reflecting pools, artwork, screens, fences, and benches so long as such non-vegetative components compose no more than twenty-five (25) percent of required landscaping.

Landscape professional. One who is employed in the business of landscape sales, installation, or design and who is a Landscape Architect registered in the State of Maryland or by any other registered licensed professional who is authorized by the State to prepare landscape plans.

Light pollution. Any adverse effect of manmade lighting, including, but not limited to, up lighting and sky glow, both of which diminish the ability to view the night sky, and light trespass.

Light trespass. The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

Lighting fixture. The entire assembly that houses the lamp or lamps.

Lumen. A unit of luminous flux. One (1) foot-candle is one (1) lumen per square foot. For the purposes of this division, the lumen output values shall be the initial lumen output ratings of a lamp.

Luminaire. A complete lighting system, and includes a lamp or lamps and a fixture.

Mechanical equipment. Equipment, devices, and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.

Miscellaneous structures. Structures, other than buildings, visible from public ways. Examples are: memorials, staging's, antennas, water tanks and towers, sheds, shelters, fences and walls, kennels, transformers, drive-up facilities.

Outdoor lighting. Night-time illumination of an outside area or object by any manmade device located outdoors that produces light by any means.

Plant materials. Trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs.

Proportion. Relationship of parts of a building, landscape, structures, or buildings to each other and to the whole.

Screening. Structure or planting which conceals from view from public ways the areas behind such structure or planting.

Site break. A structural or landscape device to interrupt long vistas and create visual interest in a site development.

Street hardware. Objects other than buildings, structures, and plantings located in streets and public ways and outside of buildings. Examples are: lamp posts, utility poles, traffic lights, traffic signs, benches, litter containers, planting containers, letter boxes, fire hydrants.

Streetscape. The scene as may be observed along a public street or way composed of natural and manmade components, including buildings, paving, planting, street hardware, and miscellaneous structures.

Up lighting. Lighting that is directed in such a manner as to shine light rays above the horizontal plane of the luminaire.

Utilitarian structure. A structure or enclosure relating to mechanical or electrical services to a building or development.

Utility hardware. Devices such as poles, cross-arms, transformers and vaults, gas pressure regulating assemblies, hydrants, and buffalo boxes that are used for water, gas, oil, sewer, and electrical services to a building or a project.

Utility service. Any device including wire, pipe, and conduit which carries gas, water, electricity, oil, and communications into a building or development.

Work of art. An object, objects, or surface embellishment produced with a degree of skill and craftsmanship, and according to aesthetic principles. A work of art shall be an original creation, and not a mass-produced entity or expression, that may include, but not be limited to, a social, cultural, or historical theme. Examples of works of art include, but are not limited to; paintings, murals, sculptures, statues, tapestries, engravings, carvings, collages, mosaics, photographs, fountains, drawings, or mobiles, located on either the exterior or interior of a facility or property {if open to the general public) that can be easily viewed by the general public.

(Ord. No. 1877, 9-26-2016; Ord. No. 1991, 1-10-2022)

The purpose of these standards is to establish a checklist of those items that affect the physical aspect of the City environment. Pertinent to appearance is design of the site, building, and structures, planting, signs, street hardware, lighting, and miscellaneous other objects which are observed by the public. These standards are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles that can result in creative solutions that will develop a satisfactory visual appearance within the City.

(a)

Building design: Architectural style is not restricted except in the City's Historic District. Evaluation of the appearance of a project shall be based on the quality of its design in relationship to surroundings. All new construction of buildings and all alterations, modifications, and improvements to existing buildings shall meet the following standards:

(1)

Building components shall be proportional and relational to one another.

(2)

Bright or brilliant colors shall be for accent and limited to twenty-five (25) percent of the building facade.

(3)

Building design shall be visually attractive. Variety of detail, form, or siting may be used to provide visual interest by using the following or an equivalent design element:

a.

Roof treatment.

b.

Wall and facade treatments.

c.

Building theme or style.

d.

Artistic elements.

e.

Innovative stormwater design.

f.

Site and building lighting treatment.

g.

Window or wall opening treatment.

h.

Building entry treatment.

i.

Decorative glass.

j.

Accent materials or colors.

k.

Courtyards.

(4)

Mechanical equipment or other utility hardware on roof, ground, or buildings, shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public ways.

(5)

Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from view from public ways as required in the City of Laurel Landscape Manual, as amended, Chapter IV, Landscape Requirements.

(6)

Monotony of design in single or multiple building projects shall be avoided by incorporating the following design features:

a.

Facade articulation: No building wall or roofline that faces a public street or connects a pedestrian walkway shall have an uninterrupted length exceeding fifty (50) percent of the length of the building wall.

b.

Building entries: Each building shall have a clearly defined, prominent, primary entrance that features at least two (2) of the following or equivalent design elements:

i.

Canopies and awnings.

ii.

Porticos, arches, pillars.

iii.

Decorative doors.

iv.

Entry recesses or projections.

v.

Raised cornice, parapets.

vi.

Peaked roof forms.

c.

Multi-sided facade treatment: Each building shall incorporate similar material types and design elements on all sides of a building. Facades fronting a public way or adjacent to residential zoning shall incorporate at least two (2) of the following elements or equivalent design elements:

i.

Change in wall plane.

ii.

Mix of building materials.

iii.

Decorative building materials.

iv.

Decorative windows or doors.

d.

Rooflines: Rooflines exceeding seventy-five (75) feet in length fronting a public way, or adjacent to residential zoning shall have incorporated one (1) of the following elements:

i.

Change in roof plane.

ii.

Mix of roof styles.

iii.

Architectural or decorative roof materials.

iv.

Dormers, gables, gable vents, mansards.

v.

Cupolas, steeples, clock tower.

(7)

Canopies covering gas station pumps, bank facilities, or other drive-through facilities.

a.

Canopies may have a clearance of no more than fifteen (15) feet, and the overall height of canopies may not exceed twenty (20) feet.

b.

The square foot area of a canopy may be no greater than four hundred fifty (450) square feet per parking space at regular gas pumps. Spaces next to special pumps, including pumps dedicated to diesel or propane may not be factored into the calculation.

(b)

Relationship of building to site.

(1)

Unless otherwise provided by variance or code waiver pursuant to applicable regulation procedures, the site shall conform to all bulk requirements of the City Zoning Regulations.

(2)

Newly installed utility services and service revisions necessitated by exterior alterations shall be underground.

(3)

Site planning in which setbacks and yards are in excess of Zoning Regulations is encouraged to provide an interesting relationship between buildings.

(c)

Site landscape requirements. The City of Laurel Landscape Manual, as amended, is adopted by reference in Section 20-27.1 as the guideline for appropriate plantings. This document is on file with the Department of Economic and Community Development.

(1)

Landscape plan requirements: For development under this division landscape plans shall be prepared or certified by a Landscape Professional. Plans shall include plant location, number, species, size and expected maturity size. Plans shall be to scale and shall include a directional arrow indicating "north".

(2)

Detention/retention basins and ponds: Detention/retention basins and ponds shall be landscaped along the perimeter of the high water level of the basin or pond. Such landscaping shall include at least one (1) shade or ornamental tree per fifty (50) lineal feet, and a combination of evergreens, shrubbery, hedges, and/or other live planting materials. At least fifty (50) percent of the trees surrounding the detention/retention basins and ponds must be medium to large-sized, long-lived shade trees.

(3)

Screening of service yards, mechanical equipment, and service areas shall be accomplished by use of walls, fencing, planting, or combination of these. Screening shall be effective in winter and summer. Screening of refuse areas shall comply with the City of Laurel Landscape Manual, Chapter IV, Landscape Requirements.

(4)

In locations where plants will be susceptible to injury by pedestrians, or motor traffic, they shall be protected by appropriate curbs, tree guards, or other devices where possible. Plant Species: The selection of plant materials shall be based on the City of Laurel's climate and site conditions with a goal of promoting xeriscaping principles. Plant material shall be selected for interest in its structure, texture, and color and for its ultimate growth. Plants that are hardy, harmonious to the design, and of good appearance shall be used. Plant diversity is required for the health of the overall landscaped area.

(d)

Lighting requirements.

(1)

Submission requirements: All lighting plans must be prepared by a lighting professional. The lighting supplier shall be required to submit a certificate of compliance to the City to verify the installation of the proper light fixtures. Lighting plans must include the following information:

a.

A site photometric plan indicating foot-candle levels at grade to the lot lines.

b.

Specifications for all luminaries, poles, and luminaire mounting arms.

c.

Lighting specifications including foot-candle initial averages, and maximum-to-minimum uniformity ratio.

d.

The location, mounting height, lamp intensity for all exterior luminaries.

e.

An afterhours security lighting plan indicating not more than thirty-three (33) percent of site lighting as operational.

(2)

Architectural compatibility: Outdoor lighting fixtures must be compatible with the architectural elements located throughout the development.

(3)

Prohibition against glare: Outdoor lighting may not create a glare that may be hazardous for motorists, bicyclists, or pedestrians.

(4)

Luminaries: In order to prevent unreasonable light pollution, any luminaire, and all wall-mounted luminaries used for area light shall use a cutoff luminaire positioned in a way that the cutoff effect is maximized. Tilt arms are prohibited.

(5)

Facade and fascia lighting.

a.

The exterior building façade lighting power shall not exceed 0.25W/ft ² of the illuminated area. Floodlights used for facade lighting may be no farther from the building than one-third (⅓) the distance of the building height. The mounting height of such floodlights shall not exceed the building height.

b.

Fascia lighting is limited to the street-facing side of the building and may not exceed an area twice the size of the building sign.

(6)

Lighting context: Outdoor lighting must consider existing light sources that impact the site and land uses that will be impacted by the lighting.

a.

In order to prevent lighting redundancy, proposed new outdoor lighting must factor in existing light affecting the site, including light provided by public light fixtures.

b.

All outdoor lighting shall have fixtures that shield affected residential areas and public rights-of-way from all direct light.

(7)

Light levels, luminaire mounting position, and timing of parking areas.

a.

Lighting levels must meet a uniformity ratio of twenty to one (20:1).

b.

Average initial light levels may not exceed one (1) footcandle (face) in residential zoning districts, and shall not exceed two (2) footcandles in other districts regulated by this chapter.

c.

Light levels created by proposed new outdoor lighting shall not exceed one (1) foot-candle at the property line.

d.

Canopy lighting. All lighting under a canopy must be cutoff or recessed, with no lens dropping below the horizontal plane of the canopy. Light levels under the canopy shall not exceed an average of twenty-five (25) foot-candle at grade.

e.

Display areas. Areas dedicated to the display of merchandise may have an average light level of up to ten (10) foot-candles.

f.

All exterior lighting shall be controlled by a photo sensor, or time switch that automatically reduces exterior lighting when sufficient daylight is available, and automatically extinguishes no more than one (1) hour after the close of business, excluding lighting for security purposes. Site security lighting shall not exceed thirty-three (33) percent of the luminaries. Individual luminaries may not increase intensity for security lighting purposes.

(8)

Lighting exceptions.

a.

All temporary lighting needed by the police, fire, or other municipal departments, emergency services, as well as all vehicular luminaries, shall be exempt from the requirements of this article.

b.

All hazard warning luminaries required by law are exempt from the requirements of this article.

c.

Recreational and outdoor event lighting is exempt only during times the lighted area is actually in use. Nonetheless, recreational and outdoor event lighting shall be installed in a way that minimizes light emitted above the horizontal and onto adjacent property.

d.

Lighting associated with a holiday.

e.

Other exceptions as required by law.

(9)

Retroactive requirements: All existing nonconforming canopy lighting must comply with the standards set forth in this section within five (5) years.

(e)

Bicycle parking requirements: All new multifamily, office, and commercial developments must provide at least two (2) bicycle parking spaces, where a single bicycle rack constitutes two (2) spaces. For residential properties, two (2) spaces for every five (5) dwelling units (see (1) Exemptions below). For retail and restaurants, two (2) spaces for every two thousand five hundred (2,500) square feet. For all other commercial or office properties, two (2) spaces for every five thousand (5,000) square feet.

(1)

Exemptions. Single-family, duplex, triplex, and townhouse developments are exempt from residential bike parking requirements.

(2)

Racks. Bike racks shall be either an "Inverted U-Style (Bike Arch)" type or a "2-Bike Post and Ring" type and have a powder coat finish. Wave or Grid type bike racks are not permitted. Bicycles must be able to be locked in two (2) places.

(3)

Location. Outdoor bike racks must be located within visual distance of the entrance of the building for which the parking has been designated. Bike parking for office buildings and for residential, is applicable, shall be located indoors.

(4)

Security. Rack area located outdoors must be lighted with a minimum foot-candle of 1.0 as measured on the ground.

(f)

Sign requirements: All developments shall comply with Article I, Division 7, Sign Regulations of this article. Use of a monument sign, as defined in Section 20-17.2, Definitions, will count as satisfying one (1) of the building design elements required in Section 20-28.4.

(Ord. No. 1991, 1-10-2022)

For a one-year period from project final approval by the Department of Economic and Community Development or the issuance of a Use and Occupancy Permit, whichever is later, the site, buildings and appurtenances, illumination elements, and public property shall be maintained as follows:

(a)

Site.

(1)

Landscape materials, other than plant materials, which have deteriorated or have been damaged or defaced, shall be properly repaired or replaced.

(2)

Plant materials that have deteriorated or died shall be replaced with healthy plantings, or the area shall be redesigned with other treatment to provide an attractive appearance.

(3)

Plant materials shall be kept watered, fed, cultivated, and pruned as required to give a healthy and well-groomed appearance during all seasons.

(4)

Parking areas shall be kept in good repair, properly marked, and clear of litter and debris.

(5)

Vacant property shall be kept free of refuse and debris, and shall have the vegetation cut periodically during the growing season in order to comply with City Code.

(b)

Buildings and appurtenances.

(1)

Buildings and appurtenances, including signs, shall be cleaned, painted, or repaired as required to present a neat appearance.

(2)

Deteriorated, worn, or damaged buildings and appurtenances shall be rebuilt or replaced.

(c)

Building and sign illuminating elements shall be replaced as required to maintain the effect for which designed.

(d)

Public property.

(1)

Parkway planting areas shall be maintained by the adjacent property owner or tenant in order to add to the aesthetic enhancement of the private property and the overall attractiveness of the streetscape.

(2)

Sidewalks, curbs and gutters, roadside berms, and other public improvements in the public right-of-way shall be repaired and maintained as necessary.

(3)

Refuse containers of an aesthetically satisfactory design and color should be placed in locations which will encourage their use to avoid littering of waste materials.

(4)

Street hardware shall be erected and secured properly, and shall be cleaned or painted regularly to present an orderly appearance. Signs shall be treated similarly.

(Ord. No. 1877, 9-26-2016; Ord. No. 1991, 1-10-2022)

The provisions of this article shall require the involvement of the City and its appointed departments and councils in the selection of works of art to be applied to projects located within the City, as set forth herein. Said works of art, which shall be referred to herein as "public art," shall be either:

(1)

A new work of art on an existing developed commercial, industrial, or mixed-use property; or

(2)

Works of art that are provided and/or funded in connection with the private development of any development project that is located within the City limits, subject to the City Code.

The public art described herein includes works of art that are easily visible to the general public without entering private spaces, unless such private spaces are open to the general public. It is the intention of the City that artists involved in any such public art project be allowed artistic flexibility and creative expression.

Prohibited content and mediums for public art Prohibited content, mediums, and characteristics for public art shall be, but are not limited to, the following:

(1)

Videos.

(2)

Flashing and/or strobing images.

(3)

Art that generates noise that is an excessive distraction.

(4)

Nudity.

(5)

Political endorsement of political figures and/or political parties.

(6)

Art that generates fumes and/or odors.

(7)

Words or visual expressions that involve obscenity, fighting words, defamation and/or pornography.

(8)

Advertisement of products and/or services.

(9)

Any structure that is likely to dangerously impede and/or distract automobile drivers.

(10)

Any structure that would obstruct walkways and/or public walking paths, or otherwise prevent the safe passage of pedestrians.

(Ord. No. 1991, 1-10-2022)

(a)

Any proposal for public art to be exhibited in a public place shall first be submitted to the City of Laurel Arts Council for its review and recommendation. Any such art proposal shall describe, visually and verbally, the nature of the proposal, and the location where it is proposed to be displayed. Within sixty (60) days of the submission of the project proposal, the Arts Council shall determine, by majority vote of all members present, whether to recommend approval, disapproval, or provide no recommendation of the proposal to the City Administration as to the desirability and overall merit of the proposed works of art. If the Arts Council fails to act within said timeframe, it shall go to the City Administration with no recommendation from the Arts Council.

(b)

Upon receipt of the recommendation (which may include no recommendation) of the art proposal from the Arts Council, the City Administrationshall make the determination as to whether said art proposal is approved for display. The City Administration shall establish policies deemed appropriate for the approval and implementation of any such art proposal.

(Ord. No. 1991, 1-10-2022)

(a)

Development projects in the City, except those excluded as set forth below, shall be required to either provide or fund public art, and said requirement shall be satisfied by utilizing one (1) or more of the following:

(1)

Funding and installation of public art at any of the following locations:

a.

On the project development site.

b.

On other private property within the same ward as the project site.

c.

On City property within the same ward as the project site, provided that such placement is approved by the City, utilizing the process as set forth in Section 20-28.7 above.

(2)

All development projects not otherwise providing for the funding and installation of public art, as set forth above, shall instead pay a fee-in-lieu. Any such fee-in-lieu for this purpose shall be placed in the City of Laurel Arts Council Fund to be used toward a public art project to be located within the ward of the City in which the development project is located.

a.

The following constitutes the minimum amount of expenditure should the developer/builder choose to fund a public art project, or the fee-in-lieu should the developer/builder choose that option, as set forth above:

(b)

The following development projects are excluded from the reguirements of this section:

(1)

New residential development consisting of no more than thirty (30) dwelling units.

(2)

New residential development consisting of more than thirty (30) dwelling units, of which at least twenty-five (25) percent are affordable units, as defined in Article III of the Laurel City Code.

(3)

New construction or renovation of houses of worship and their accessory uses on the same site.

(4)

New construction or renovation of eleemosynary institutions and their accessory uses on the same site.

(5)

Renovation or reconstruction projects caused by vandalism, civil disobedience, or acts of God, including, but not limited to, fire, flood, earthquake, explosion or extreme weather.

(6)

New construction of parking structures that are accessory to a primary use on the site.

(7)

Renovation and/or expansion of existing residential, commercial, or industrial development.

(c)

General criteria for the design, selection and installation of the public art in private places.

(1)

Project proposals should be located in places open and available to the general public, and where the public has clear visual access, such as plazas, green spaces, lobbies, squares, etc.

(2)

Project proposals should be designed with safety, durability, and appropriateness of the proposed location as important considerations.

(3)

Ownership. All works of art involved in its installation will become the property of the owner of the land on which the art is located, unless a written agreement to the contrary is executed by the artist, the property owner. the developer/builder (if different than the property owner), and an authorized representative of the City.

(d)

Required materials for the submission of an application for public art in private places.

(1)

A conceptual plan for the works of art shall be submitted with any application for a development project for which public art in private places is required, as set forth in this Section.

(2)

A final plan for the works of art shall be submitted with any building permit required for the Development Project and shall include a detailed description/depiction of the art, a list of materials required for the art, and the amount of expenditure that will be required for the development project.

(e)

Maintenance of installed works of art.

(1)

Installed works of art must be maintained so as not to degrade into a state of disrepair or become a public safety hazard and/or nuisance.

(2)

Failure of the owner of the property upon which the work of art is located to maintain the art shall constitute a violation of this Division. The City reserves the right to remove the work of art at the expense of the owner of the property upon which it is located if it is found to be a safety hazard, or if its artistic merit has been significantly damaged or degraded, in the sole opinion of the City Administration.

(f)

Removal, or relocation of installed works of art.

(1)

An installed work of art may be relocated or replaced, subject to the approval of the City Administration, provided that it remains within the site or otherwise meets the (standards related to location of the public art set forth within this Section of the City Code.

(Ord. No. 1991, 1-10-2022)