§ 162.02. Definitions.
For the purposes of this chapter, the words and phrases listed below have the following definitions:
Art, artwork or work of art means an original physical work created or produced by an Artist (as defined hereinafter), including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass and glass works, mosaics, mobiles, murals, collages, statues, bas reliefs, tapestries, photographs, video projections, drawings, fountains, landscape designs, artifacts of historical or cultural significance, monuments erected to commemorate a person or event, functional furnishings such as artist-designed seating, or other media. Artwork may be free-standing or integrated with the work of other design professionals into a building or site. Artwork may be new or may be an existing work of art. Artwork may include, but is not limited to:
1.
Sculpture: Free-standing, wall supported or suspended; kinetic, electronic; in any material or combination of materials.
2.
Murals or portable paintings: in any material or variety of materials.
3.
Fiber works, neon, glass, mosaics, photographs, prints, calligraphy, earthworks, any combination of forms of media, including: light, sound, literary elements, film, holographic images, and video systems; hybrids of any media and new genres.
4.
Furnishings or fixtures, including, but not limited to: gates, railings, lighting, street lights, signage, seating, if created by artists as unique elements or limited editions.
5.
Artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist. Such design elements may include pools, paths, benches, planters, and fixtures and vegetative materials where designed by a professional visual artist and/or are an integral part of the artwork by the artist.
6.
Temporary artwork or installation that serve the purpose of providing community and educational outreach.
7.
The incremental costs of infrastructure elements, such as sound walls, utility structures, roadway elements, and other items if designed by an artist as a co-designer.
Ineligible Artwork: The following are not considered artwork:
1.
Art objects which are mass produced or are of standard manufacture, such as playground equipment, fountains, statuary elements, signage, maps, corporate logos or other functional elements, unless incorporated into an artwork by an artist commissioned for that purpose.
2.
Reproductions, by mechanical or other means, of original artwork, except in the case of limited editions controlled by the artist, cast sculpture, film, video, photography, printmaking, or other media arts.
3.
Decorative, ornamental, architectural, or functional elements which are designed by the building architect as opposed to elements created by an artist commissioned for that purpose.
4.
Services or utilities necessary to operate and maintain an artwork over time.
Artist means a person generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts.
Exterior place means any place, public or private, outdoor and exterior to buildings or structures and exposed to public view, including, but not limited to, buildings, parks, right-of-way medians and open spaces.
Local artist means an artist, as defined in this chapter, who resides in Martin County, St. Lucie County, Indian River County, or Okeechobee County.
Maintenance, with respect to artwork, means the required repairs or cleaning to keep a work of art in its intended condition, including preventative maintenance at scheduled intervals to curtail future deterioration, ordinary repairs or maintenance, including but not limited to, painting, repair, replacement, or installation of mechanical equipment.
Maintenance, with respect to ordinary property maintenance, means ordinary repairs or maintenance of a structure, including but not limited to, painting, roof repair, replacement, or installation of mechanical equipment.
Mural means any drawing, artwork, inscription, or marking that is marked, etched, drawn or painted on any building or structure.
Project means new construction, renovation work, or façade improvements requiring a building permit where fifty percent (50%) or more of a building is being modified, renovated, expanded, rebuilt or improved by construction. For purposes of this chapter, "project" does not include the following:
1.
Repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other casualty.
2.
Historic preservation or restoration.
3.
Interior renovation.
4.
Flood protection work items.
5.
Fire sprinkler installation work items.
Public art assessment means one percent of the total dollar amount of the total construction costs of private development.
Public art master plan means the plan generated by the public art advisory board and approved by the city council, which presents selected sites and criteria for the selection of works of art.
Renovation means a project requiring a building permit where fifty percent (50%) or more of the exterior building area is being modified, rebuilt or improved by construction. For purposes of this chapter, "renovation" does not include the following:
1.
Repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other casualty.
2.
Historic preservation or restoration.
3.
Development activity on existing, previously approved developments for the sole purpose of complying with Chapter 553, Part II, Accessibility by Handicapped Persons of the Florida Statutes.
Temporary artwork means artwork created for a specific timeframe or event, and which is situated at a particular site on a temporary basis, not to exceed a period of two (2) years.
Total construction costs means the total cost of the improvements, excluding land costs, approved for a development project, as indicated on the construction contract(s) for the subject improvements.
(Ord. No. 18-67, § 1, 12-10-18)