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Nampa City Zoning Code

CHAPTER 35

- PUBLIC AND PRIVATE ART

Sections:


10-35-1.- Purpose.

The purpose of the public and private art policies and procedures is to distinguish two categories of art in the City of Nampa (public and private). The policies and procedures provide a method for the City of Nampa to procure public art, and they provide private businesses, organizations, and individuals guidance and a method to apply for art installations within the City of Nampa that are on or adjacent to public rights-of-way associated with commercial or industrial uses.

(Ord. No. 4843, § 24, 2-3-2025)

10-35-2. - Definitions.

Arts and historic preservation commission: A commission responsible for increasing the appreciation of the arts, culture, and history among Nampa's citizens and creating and maintaining an atmosphere conducive to the fullest expression of all forms of art and history in order to provide artistic satisfaction to the artist and to enrich the lives of all Nampa citizens. Further descriptions of responsibilities can be found in title 2, chapter 10 of Nampa City Code.

Mural: A pictorial or graphical representation applied to or painted on and made an integral part of an exterior wall. A mural shall be considered a wall sign if it contains words, logos, or trademarks that identifies or advertises a specific business within the building upon which it is, or is to be located. A mural that does not represent any of the above may be classified as art.

Private art: Art located on or adjacent to public rights-of-way, associated with commercial or industrial uses, that is commissioned by a private business, individual, or organization without any funding, staffing, or resources from the City of Nampa.

Public art: Art commissioned by any City of Nampa department or any organization that is funded in whole or in part with public funding or resource/staffing by the City of Nampa. Public art may also include art that is commissioned through a public/private partnership.

Sculpture: A three-dimensional representation or abstract form created by carving or forming a specific medium. A sculpture may include words on or around it that capture history or convey feelings or moods.

Sign: Any structure, board, poster, placard, or device which contains or comprises a display designed, used, or intended to attract attention of the public. As used in this chapter, sign includes the sign structure, display surface, and all other components.

Wall sign: A sign painted on or attached to a wall or parapet of a building or structure, sign tower, or the face or end of a marquee or canopy, with the sign face parallel to and projecting not more than 18 inches from, the plane of the wall, parapet, face, or end.

(Ord. No. 4843, § 24, 2-3-2025)

10-35-3. - Public art process and procedures.

A.

Applicability. Public art is defined as art commissioned by any City of Nampa department or any organization that is funded in whole or in part with public funding or resources/staffing by the City of Nampa. Public art may also include art that is commissioned through a public/private partnership.

B.

Budget determination and goals.

1.

Confirm the available budget, timing and availability of funds.

2.

Identify the goals of the project.

C.

Administrative review of site. Staff shall be empowered to evaluate the site for the project based on criteria/standards established in this section. When determining potential sites for public art, the following shall be considered:

1.

The relationship and compatibility of the art and site are considered in terms of physical dimensions, social dynamics, local character, and surrounding context of the existing or planned site;

2.

Art located in the DH (downtown historic) zoning district shall not be placed on a primary façade unless authorized by the Nampa planning and zoning and economic development departments;

3.

Visibility of the site by the public;

4.

Public safety;

5.

Improvements made to the design of an area;

6.

Vehicular and pedestrian traffic patterns;

7.

Accessibility;

8.

Site design including landscaping, drainage, security, maintenance, grading, and lighting;

9.

Relationship of proposed art to existing art;

10.

Environmental impact;

11.

Impact on adjacent property owners;

12.

Impact on operation functions (i.e., police, fire, parks and recreation, public works); and

13.

Potential for vandalism.

D.

Determination of final site. After staff determines two to three potential art sites, these procedures are followed to determine the final art site:

1.

Discuss art site options with necessary departments (planning and zoning, building, engineering, parks and recreation, etc.) to determine advantages and disadvantages at potential sites.

2.

If privately owned, discuss potential project with property owners, to determine interest and agreeability to terms and easements.

3.

If potential site is at a downtown location, discuss location with the Downtown Nampa Community Association and business improvement district.

E.

Preliminary project approval. The following approvals are required for public art:

1.

Department director shall meet with the mayor. Together, they shall approve the initial project parameters (budget, site, goals).

2.

Department director shall appoint selection committee for the project.

F.

Selection committee. All art commissioned by the City of Nampa will be scored by a selection committee appointed by the department director. The department director will appoint seven community members/stakeholders applicable to the project, for example: business owners, neighborhood organizations, school representative, artists, Nampa Arts and Historic Preservation Commissioner(s), Nampa City Councilperson(s), and city staff. Selection committee members serve for the duration of one project at a time. The selection committee has the following responsibilities:

1.

Use outlined scoring criteria to evaluate artist qualifications and proposals.

2.

Reserve the option to not select any proposals. If no proposal is selected, the selection committee may ask to reopen artist call.

3.

Approve all artist/artist team selections by majority vote.

If approved, the following items will need to be completed prior to call for artists:

4.

Site easements. If applicable and after initial project parameters are approved, execute necessary easements with the art site property owners.

G.

Final project approval. The selection committee's selection is presented to Nampa Arts and Historic Preservation Commission. The Nampa Arts and Historic Preservation Commission recommendation is sent to the department director. The department director will meet with the mayor for approval. Together, they determine approval or denial.

H.

Call for artists. An artist call is advertised within a designated region (local, regional, national, etc.).

1.

Required elements for artist call. The following items will be included in the call for artists:

a.

Submittal deadline;

b.

Approved project location;

c.

Size of art (measurements, dimensions, perspective);

d.

Budget amount and guidance;

e.

Opportunity information;

f.

History, background, and artist/artist team objectives;

g.

Process and timeline of the full project;

h.

Questions;

i.

Request for qualifications. Artists may be asked to submit their qualifications—letter of interest, resume, past work samples, references;

j.

Request for proposals. Artists will submit proposals for the project. Artists may be compensated for their proposal, should the scope of the project qualify. The proposal compensation will be calculated in the overall project budget, if applicable;

k.

Exhibits of examples of inspirational art pieces or past work; and

l.

Draft of the artist/city contract.

I.

Artist contract approval. The city shall administer contractual agreements (task orders and acceptance agreements) any time an artist is hired to perform services for the city, such as creating an artist proposal, producing a work of art, and/or performing maintenance or restoration on a city-owned work of art. The contract shall define the scope of work for an artist's services and outline a payment schedule for the purchase or commission of art.

1.

The amount of the allotted budget will determine the approval process.

Project Cost$49,999.00 and Below$50,000.00 and Over
Approver Contract submitted to department director for approval and signature. Contract submitted to Nampa City Council for approval and authorization of Mayor's signature.

 

J.

Artist acceptance agreement and maintenance fund. Artist shall submit a maintenance plan as part of the artist contract and acceptance agreement. The city agrees to follow the maintenance plan submitted by the artist by signing the acceptance agreement. The city shall use the information in maintenance plan(s) to budget accordingly and maintain a public art maintenance fund to ensure public art is properly cared for and maintained.

K.

Criteria for evaluation of response for artist qualifications (RFQ). The scoring of artist qualifications shall be based on the following criteria:

1.

Previous work. The artist's body of previous work demonstrates creative and innovative approaches to aesthetic challenges and illustrates some understanding of materials and the technical ability to carry out art concepts.

2.

Media/material/approach. The artist's media, use of materials and approach shall be suitable for the specific site and intent.

3.

Diversity. The style, media, and scale of the artist's work shall enhance and diversify Nampa's public art collection.

4.

Ability to capture culture. The artist demonstrates an understanding of the characteristics, history, identity, geography, and cultures of the communities in which he/she has worked.

5.

Collaboration. The artist demonstrates the ability to collaborate with the design team and respond well to program intent, including public safety, education, outreach, and public interest.

L.

Criteria for evaluation of response for proposals (RFP). The scoring of submitted projects shall be based on the following criteria:

1.

Quality/originality. Art shall demonstrate a high aesthetic standard, it shall show the creative and technical capabilities of the artist, and show an original design.

2.

Create dialogue. The thematic content engages the general public, expands thoughts, ideas, perceptions, or points of view. The thematic content shall encourage civic dialogue and illustrate robust thinking.

3.

Suitability. The art is appropriate in scale, material, form and content for the community and physical environment. The art enhances the urban environment by establishing focal points, defining spaces or reinforcing cultural identity. If public outreach is required per the call for artists, a plan for an effective and appropriate process shall be provided.

4.

Durability. The quality of materials and craftsmanship promote the concept and protect against unintended theft, vandalism, weathering, excessive maintenance, and repair costs.

5.

Safety/public liability. The art shall be technically feasible and achievable and shall be reviewed by appropriate city departments or offices to ensure that it does not present a safety hazard (planning, building, parks, police, transportation/streets, etc.).

(Ord. No. 4843, § 24, 2-3-2025)

10-35-4. - Private art process and procedures.

A.

Applicability. Private art is defined as art located on or adjacent to public rights-of-way, associated with commercial or industrial uses, that is commissioned by a private business or organization without any funding, staffing, or resources from the City of Nampa.

B.

Application content. The application shall contain the following information:

• Artist/artist team's name and contact information.

• Artist/artist team's biography information.

• Title or name of art.

• Location of the art: address or description.

• Dimensions.

• Media type.

• Lifespan including initial completion date.

• Narrative/description of art project.

• Attachments/exhibits.

• Applicant signature.

C.

Application process. Business/organization shall review the "guidance for private art mural applications" and submit a Nampa Art Review Application (NARA) to the Nampa Economic Development Department. The application will be evaluated/reviewed based on the following criteria:

1.

Mural/sculpture v. sign. The art shall not contain words, logos, or trademarks that identify or advertise a specific business within the building upon which it is or is to be located. Art containing wording will be evaluated on a case-by-case basis.

2.

Code requirements. Locations and installation of the art shall meet all applicable city codes. The departments that will review these codes in relation to the project include, but are not limited to, the Nampa Planning and Zoning Department, the Nampa Building Department, the Nampa Engineering Department and the Nampa Fire District.

3.

Nuisance. The art shall not create a public nuisance due to statements, words, or pictures of defamation, obscene, lewd or pornographic nature, perjury, criminal conspiracies, threatening life, violent or destructive acts, deceptive commercial speech, or which depicts or describes patently offensive representations or descriptions in accordance with Idaho State Statute, title 52, chapter 1.

The art shall not create a hazard to vehicular or pedestrian traffic or a hazard to the public in general, including, but not limited to, the following reasons:

a.

Due to design.

b.

Due to construction.

c.

Art which by reason of its size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle, or art which obstructs the visibility of any traffic or street sign or signal device.

d.

Due to the location which may create a vehicular or pedestrian hazard.

e.

Art that emits any sound, odor or visible matter.

f.

Art within the clear vision triangle.

g.

Art that is not maintained in a safe condition.

4.

Historic building/zone. If the art is placed on a contributing historic building, appropriate safety measures shall be put in place to protect the historic site.

If the art is located, in the DH (downtown historic) zoning district, it shall not be located on any primary facade of the building upon which the art is located.

5.

Maintenance. Maintenance of murals/sculptures and signs shall be determined and agreed to, prior to the approval of the application. The responsible party shall ensure that the art is maintained in good condition and is repaired in the case of vandalism or accidental destruction. The responsible party shall remove the art if 1) the tenant who commissioned the art is no longer using the space and it needs to be removed or 2) the art has deteriorated to a point that it is no longer visually/aesthetically appealing.

D.

Administrative review processes. Staff shall be empowered to evaluate the project based on criteria/standards established in this section. The decision shall be in writing and shall set forth any conditions of approval that shall be met with the installation of the proposed project.

1.

Administrative decision appeals. An appeal of an administrative decision may be made to the arts and historic preservation commission by filing a written notice of appeal with the economic development director. All appeals of administrative decisions shall be treated as an original application to the economic development department. The arts and historic preservation commission is empowered to approve or deny the application, including modifying any imposed conditions.

2.

Arts and historic preservation commission decision appeals. An appeal of the arts and historic preservation commission decision may be directed to the planning and zoning commission for review and action by filing a written notice of appeal with the planning and zoning director. All appeals of decisions shall be treated the same as an original submission to the planning and zoning department with applicable materials and fees. The planning and zoning commission is empowered to approve or deny the appeal, including modifying any imposed conditions.

3.

Planning and zoning commission decision appeals. An appeal of a planning and zoning commission decision may be directed to the city council for review and action by filing a written notice of appeal with the planning and zoning director. All appeals of commission decisions shall be treated the same as an original submission to the city council with applicable materials and fees. The city council is empowered to approve or deny the appeal, including modifying any imposed conditions.

4.

Administrative approval appeal grounds. The following are all sufficient justifications for the arts and historic preservation commission, planning and zoning commission, or the city council to overturn or modify a prior administrative decision for a given application:

a.

Inconsistency with the purpose and objectives of this section;

b.

Unreasonable economic hardship;

c.

Undue interference with the design integrity of the proposal;

d.

Consideration by the staff or commission of improper or irrelevant information such as the race, ethnic origin, incomes, or other attributes of the proposed occupants or owners; and

e.

Prohibition or unwarranted restriction of material type, or installation method.

(Ord. No. 4843, § 24, 2-3-2025)

10-35-5. - Art registry.

The economic development department staff will maintain an art registry consisting of community art information. They will also publish art information online through the City of Nampa website and additional mobile applications. Upon registry, all public art will have a wall-mounted plaque indicating the artist, title, sponsors, and date installed. Private art will not be required to have a wall-mounted plaque. Private art, regardless of the city's zoning or the property use, may apply to be on the city's art registry by submitting the art registry form to the economic development department.

(Ord. No. 4843, § 24, 2-3-2025)