(a)

This Article shall be known and cited as the "Public Art Program."

(b)

It is the intent and purpose of the Article to further the commitment of the City of Wilton Manors to the aesthetic enrichment of the community through the creation and display of works of art and artifacts so that citizens and visitors to the City of Wilton Manors are afforded an opportunity to enjoy and appreciate works of art. The requirements of this Article shall be construed to promote the aesthetic values of the entire community and to encourage the preservation and protection of works of art. The public art requirements found in this Article are development standards based upon the aesthetic needs of the community and are not intended to be either an impact fee or a tax.

(c)

It is the intent and purpose of this Article to promote the general welfare by encouraging pride in the community, increasing property values, enhancing the quality of life through artistic opportunities, uniting the community through shared cultural experiences, and creating a cultural and historical legacy for future generations through the collection and exhibition of high-quality art that reflects diverse styles, chronicling history through the collection of artifacts, documents and memorabilia that will acknowledge the past and create programs and activities that will further these goals.

(Ord. No. 2025-006, § 2, 9-25-25)

For the purposes of this section, the following words and phrases shall have the following meanings:

Artist shall mean a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as an artist include, but are not limited to, income realized through the sole commission of art, frequent or consistent art exhibitions, placement of art in public institutions or museums, receipt of honors and awards, and training in the arts.

Art shall mean tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium, material, or combination thereof, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, ceramic, mobiles, tapestries, murals, photographs, video, digital images, bas-relief, high relief, fountains or water features, kinetics, collages, drawings, landscape design when designed by an artist as an integral part of the art, original digital creations, earthworks and environmental artworks, monuments erected to commemorate a person or an event, functional furnishings, such as artist designed seating, lighting, and clocks. The following shall not be considered as art for purposes of this Article:

(a)

Reproductions or unlimited editions of original art.

(b)

Art objects which are mass produced.

(c)

Business or corporate logos or signage.

(d)

Works that are decorative, ornamental, or functional elements of the architecture or landscape design, except when created from an artist as an integral aspect of a structure or site.

Building shall mean any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, or property.

Development project shall mean any development, including remodeling, construction, redevelopment, which requires a building permit or permits and where public art is a requirement. For purposes of this Article, development projects shall also include all new construction and tenant improvements for commercial, industrial, multi-family, institutional and mixed-use development.

Durable shall mean lasting, enduring and highly resistant to deterioration due to weather or the passage of time.

Developer shall mean the owner, including its successor and assigns, of the subject development project.

Project cost shall mean the total cost of the improvements, excluding land costs, approved for a development project, as approved for the building permit(s) for the subject improvements.

Public Art Board ("PAB") shall mean an advisory board appointed by the City Commission consisting of seven (7) members. Membership will include three (3) arts professionals and two (2) City residents with a strong interest and knowledge of visual art. The remaining two (2) members may be either an arts professional or a City resident. The arts professionals must either own an art related business within the City or be professionally involved in the Wilton Manors arts community. The arts professionals are not required to be residents of the City. PAB will review artists' credentials and conceptual design proposals and make recommendations.

Public art fund ("the fund") shall mean a separate, interest bearing set of accounts set up by the City to receive monies for the Public Art Program.

Public Art Program guidelines shall mean a set of standards, criteria and policies related to the acquisition and installation of public art as defined in the public art masterplan, and which shall be adopted by the City Commission. The guidelines shall govern the standards and process by which the City Commission shall approve the acquisition and installation of public art to fulfill the requirements of this Article.

Public art masterplan shall mean a plan adopted by the City Commission, which shall identify locations for public art and establish a priority order to the City Commission, and which shall be amended from time to time, to ensure a coherent program for acquisition of public art, and program implementation guidelines.

Public place shall mean any exterior area on public or private property within the City which is easily accessible or clearly visible to the general public from adjacent public property such as a street or other public thoroughfare or sidewalk.

(Ord. No. 2025-006, § 2, 9-25-25)

(a)

The City Commission shall adopt a public art masterplan and program guidelines. The public art masterplan and program guidelines shall be adopted by resolution of the City Commission. Amendments to the public art masterplan and program guidelines shall be reviewed and adopted in the same manner as the initial public art masterplan and program guidelines.

(b)

The City Commission shall make final decisions for all public art acquisitions in accordance with this Article and the public art masterplan and implementation guidelines. The City Commission shall oversee the public education, and curatorial aspects of the program. The City Commission shall have authorization for each acquisition.

(Ord. No. 2025-006, § 2, 9-25-25)

The City Commission shall establish procedures and selection criteria for selection and acquisition of art to be purchased from the resources of the public art fund in accordance with the criteria and standards set forth in the adopted Public Art Program guidelines, as may be amended from time to time. The City Manager and City Attorney will negotiate and execute appropriate contracts necessary for the acquisition of public art. Funds may be aggregated to acquire public art.

(Ord. No. 2025-006, § 2, 9-25-25)

The City Commission shall establish procedures and selection criteria for selection and acquisition of art on private property in accordance with the criteria and standards set forth in the adopted Public Art Program Masterplan, as may be amended from time to time.

(Ord. No. 2025-006, § 2, 9-25-25)

(a)

All development projects, as defined in Section 185-020 of this Article.

(b)

The City Commission hereby exempts the following from the Public Art Program:

(1)

New or remodeled single-family dwelling units and duplexes;

(2)

The project consists of the development, redevelopment, reconstruction, or remodeling under seven hundred fifty thousand dollars ($750,000.00);

(3)

The project consists of the reconstruction, remodeling, or repairs of structures which have been damaged due to fire, flood, wind, or other natural disaster;

(4)

Non-profit organizations;

(5)

Religious institutions and places of worship;

(6)

Governmental entities;

(7)

Existing applications for placement of art on private property prior to the enactment of this Article.

(Ord. No. 2025-006, § 2, 9-25-25)

(a)

Prior to issuance of the first building permit, the applicant or developer for projects subject to this Article shall be required to comply with one of the following:

(1)

In-Lieu Public Art Fee. Pay zero point five (0.5) percent of the cost of the proposed development project, as an "in lieu" public art fee, with a maximum payment of one hundred thousand dollars ($100,000.00); or

(2)

Combination of In-Lieu Public Art Fee and placement of art on site. Placement of art on the site of the development project, which shall have a minimum value of one-quarter (0.25) of one percent of the cost of the proposed development project combined along with a one-quarter (0.25) of one percent payment of an "in-lieu" public art fee, with a maximum payment of fifty thousand dollars ($50,000.00). The owner shall provide documentation to the City that the art fee has been deposited into an escrow account for said purpose prior to the issuance of the first building permit. The placement of the art on the development site shall be in accordance with the public art program guidelines adopted by the City Commission. In the event a public art program guidelines are not adopted by the City Commission, placement on the development site, placement must be approved by the Community Development Services Director or designee and conform to the adopted public art guidelines.

(i)

If the art is to be placed on site, the owner shall obtain approval of the proposed placement of art from the Community Development Services Director or designee, unless the Community Development Services Director or designee grants an extension for good cause as determined in their sole discretion, prior to issuance of the building permit. If no such approval is obtained within the time period, the City shall require transfer of required art fee funds to the fund.

(ii)

The owner shall install the art, as approved by the Community Development Services Director or designee in accordance with adopted public art program guidelines, prior to issuance of the certificate of occupancy. If no installation occurs within the required time period, art fee funds shall be transferred from the City escrow account to the fund.

(Ord. No. 2025-006, § 2, 9-25-25)

No final approval, such as a final inspection, temporary certificate of occupancy, or a certificate of occupancy, for any development project subject to the City's Public Art Program pursuant to Section 185-070, shall be issued unless one or more of the following has been achieved:

(a)

The approved art has been installed in a manner satisfactory to the Community Development Services Director or designee in compliance with this Article.

(b)

In-lieu art fees have been paid.

(c)

Financial security, in an amount equal to the acquisition and installation costs of an approved art selection, has been provided to the City in a form approved by the City Attorney and the Community Development Services Director.

(Ord. No. 2025-006, § 2, 9-25-25)

There is hereby created within the City a set of accounts to be known as the City of Wilton Manors Public Art Fund (hereinafter the "fund"). This fund shall be maintained by the City and shall be used solely for the acquisition, installation, improvement, maintenance and insurance of art as follows:

(a)

All funds received by the City pursuant to Public Art Program or from endowments or gifts to the City designated for the arts shall be placed in the fund. All funds shall be deposited, invested, accounted for and expended as follows:

(1)

All money received shall be deposited in the fund in a manner to avoid any commingling with other revenues of the City and all funds shall be expended solely for the purposes for which they were collected. Any interest income earned by the money in the fund shall be expended only for the purpose for which the money was originally collected.

(2)

The fund shall be used solely for expenses associated with the selection, commissioning, acquisition, transportation, maintenance, public appraisal, education, promotion, administration, removal, repair, and insurance of the art.

(3)

The City may contribute general funds to the fund. The amount of the contribution shall be at the City Commission's discretion as provided for in the budget.

(Ord. No. 2025-006, § 2, 9-25-25)

Art that is placed on private property in lieu of a public art fee must qualify as art under this Article and the public art masterplan and public art guidelines, as may be amended from time to time. Public art shall be operated and maintained at all times in substantial conformity with this Article, the public art masterplan and public art guidelines, and the terms of the approval of the art by the Community Development Services Director or designee, in accordance with Section 185-070(2).

(Ord. No. 2025-006, § 2, 9-25-25)

(a)

Ownership of all art acquired on behalf of the City pursuant to the requirements of this Article shall be vested in the City, which shall retain title to each work of art.

(b)

All works of art acquired on behalf of the City pursuant to the requirements of this Article shall be donated and title shall be transferred pursuant to a standard City public art contract reviewed and approved as to form by the City Attorney.

(c)

Ownership of all art incorporated into development projects shall be vested in the property owner who shall retain title to the art. Property owners retaining title to the subject art shall provide proof of insurance in the amount of the appraised value of the art. If the property is sold, the seller shall either include restrictions in the deed that require maintenance and insurance of the art and prevent its removal from the property, or remove the art and make a contribution to the fund in an amount equal to the amount of the in-lieu public art fee which would have initially been required based on the project cost within thirty (30) days of transfer of property title. If the title is passed to a subsequent owner and, as a result, a deed restriction exists as to the art, the subsequent owner shall maintain the art in accordance with the deed restriction, applicable law and other established guidelines. The art shall not be altered, modified, relocated or removed other than as provided herein without the prior approval of the City Commission.

(d)

Property owners retaining title to the subject art will be required to maintain the art in good condition in the approved location, as required by law or other applicable guidelines including but not limited to normal code enforcement rules, to ensure that proper maintenance is provided.

(Ord. No. 2025-006, § 2, 9-25-25)

There is hereby established the following schedule of fines for violations of this Article:

First offense .....$250.00

Second or greater offense .....$500.00

However, if the Code Compliance Special Magistrate finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed five thousand dollars ($5,000.00) per violation.

In addition to the fines provided for herein, the Community Development Services Director may use any administrative remedy available for enforcement of this Article.

(Ord. No. 2025-006, § 2, 9-25-25)

All provisions of this Article will be in effect upon final adoption of the Ordinance from which this Article is derived. All completed and submitted building permit applications for development projects that have been accepted by the Community Development Department within forty-five (45) days of the final adoption of this Article will be exempt from the requirements of this Article.

(Ord. No. 2025-006, § 2, 9-25-25)