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25-004 1 ORDINANCE NO. 25-004 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, AMENDING THE ART IN PUBLIC PLACES 5 AND PUBLIC BEAUTIFICATION REGULATIONS OF THE CODE OF 6 ORDINANCES; REPEALING PART II "CODE OF ORDINANCES," 7 CHAPTER 2 "ADMINISTRATION," ARTICLE XI "ARTS COMMISSION," 8 AND ARTICLE XII "ART IN PUBLIC PLACES PROGRAM;" REPEALING 9 CHAPTER 27 "ADVISORY BOARDS AND COMMITTEES," ARTICLE II 10 "BOYNTON BEACH ART ADVISORY BOARD," SECTION 27-21 11 "INTENT," SECTION 27-22 "DEFINITIONS," SECTION 27-25 12 "ESTABLISHMENT OF PUBLIC ART FEE," SECTION 27-26 "PUBLIC ART 13 FUND," AND SECTION 27-27 ART IN PUBLIC PLACES GUIDELINES;" 14 AMENDING CHAPTER 27 "ADVISORY BOARDS AND COMMITTEES," 15 ARTICLE II "BOYNTON BEACH ART ADVISORY BOARD," SECTION 27- 16 24 "PURPOSE AND DUTIES;" AMENDING PART III "LAND 17 DEVELOPMENT REGULATIONS," CHAPTER 1 "GENERAL 18 ADMINISTRATION," ARTICLE II "DEFINITIONS," AND ARTICLE V 19 "HOUSING INITIATIVES," SECTION 1 "STATE HOUSING INITIATIVES 20 PARTNERSHIP ACT;" AMENDING PART III "LAND DEVELOPMENT 21 REGULATIONS," CHAPTER 2 "LAND DEVELOPMENT PROCESS," 22 ARTICLE VI "IMPACT AND SELECTED FEES," SECTION 5 "ART IN 23 PUBLIC PLACES;" AMENDING CHAPTER 4 "SITE DEVELOPMENT 24 STANDARDS," ARTICLE XIV "MURALS;" ESTABLISHING REGULATIONS 25 TO REGULATE AND PROVIDE STANDARDS OF THE ART IN PUBLIC 26 PLACES PROGRAM AND PUBLIC BEAUTIFICATION; PROVIDING FOR 27 CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 28 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 29 30 WHEREAS, the City Commission desires to amend the standards and regulations 31 pertaining to the Art in Public Places program, and to allow the City to use the Public Art Fund 32 for public space beautification purposes; and 33 WHEREAS, the City Commission finds that the removal of superseded and duplicate 34 regulations from the City's Code of Ordinances, the recodification of the City's Land Development 10055910.6 306-9001821 Page 1 of 15 CODING: Words in::tom type are deletions from existing law: Words in underlined type are additions. 35 Regulations, and the amendment of regulations of the Art in Public Places program are needed 36 for the continued provision of art while also allowing for the beautification of public spaces for 37 the public benefit; and 38 WHEREAS, the City Commission finds that the proposed amendment will provide 39 additional clarification for the Art in Public Places program's process, provides clear direction to 40 applicants, and permit applicants to provide a Public Art Project at the value of 70%of the Public 41 Art Budget or a Payment-in-Lieu of a Public Art Project at 60% of the value of the Public Art 42 Budget if paid directly to the Public Art Fund; and 43 WHEREAS, the City Commission has determined that these regulations serve the public 44 health, safety, and welfare of the citizens of the City of Boynton Beach. 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 46 BOYNTON BEACH, FLORIDA: 47 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and 48 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 49 Section 2: Part II "Code Of Ordinances," Chapter 2 "Administration," Article XI "Arts 50 Commission," and Article XII "Art In Public Places Program" are hereby repealed in their entirety. 51 Section 3: Part II "Code Of Ordinances," Chapter 27 "Advisory Boards And 52 Committees,"Article II "Boynton Beach Art Advisory Board," Section 27-21 "Intent," Section 27-22 {00559100.6 306-9001821 1 Page 2 of 15 CODING: Words in:•trik gh type are deletions from existing law; Words in underlined type are additions. 53 "Definitions," Section 27-25 "Establishment Of Public Art Fee," Section 27-26 "Public Art Fund," 54 and Section 27-27 Art In Public Places Guidelines" are hereby repealed in their entirety. 55 Section 4: Chapter 27 "Advisory Boards And Committees," Article II "Boynton Beach 56 Art Advisory Board," Section 27-24 "Purpose And Duties" is hereby amended to read as follows: 57 Sec. 27-24. Purpose and duties. 58 ••• 59 (c) On a monthly basis, tThe Art Advisory Board shall update and advise the City 60 Commission of its findings or proposals with respect to the foregoing issues, as well as 61 any actions taken with respect to the Art in Public Places program, and make 62 recommendations to the City Commission on any matter referred to it within as much time 63 prescribed by the City Commission. 64 (d) The Art Advisory Board shall have the following additional powers and duties: 65 ••• 66 (3) Recommend to the City Commission authorization of expenditures for maintaining and 67 implementing the Art in Public Places Program; 68 (4) Recommend to the City Commission other expenditures of the Public Art Fund such as 69 hiring staff and services to run the Art in Public Places Rprogram; 70 (5) Advance, through education and communication, the Art in Public Places pprogram; 71 and {00559100 6 306.9001821 1 Page 3 of 15 CODING: Words in:••rik�, gh type are deletions from existing law; Words in underlined type are additions. 72 (6) Approve, approve with conditions, or disapprove proposed installation of artwork, 73 including murals, to be installed pursuant to the City's Art in Public Places Program that 74 +s can be produced by a Florida based artist, with a preference for artists located in Palm 75 Beach County, based on criteria in the Art in Public Places Guidelines. In addition, prior to 76 taking action pursuant to this subsection, the Art Advisory Board shall consider public 77 input at a duly noticed public meeting. The Art Advisory Board's action taken pursuant to 78 this subsection shall be subject to the right of either the Mayor or a City Commissioner to 79 file a notice of appeal regarding the action taken by the Art Advisory Board pursuant to 80 this subsection. The notice of appeal shall be filed no later than thirty (30) days following 81 the date of the Art Advisory Board's action. In the event a notice of appeal is filed, the 82 appeal shall be placed on the next City Commission agenda for consideration by the City 83 Commission at a duly noticed public meeting, and the City Commission's consideration 84 may include either affirming, affirming with conditions, or overturning the action of the 85 Art Advisory Board. 86 Section 5: Amending Part III "Land Development Regulations," Chapter 1 "General 87 Administration," Article II "Definitions," and Article V "Housing Initiatives," Section 1 "State 88 Housing Initiatives Partnership Act" are hereby amended to read as follows: 89 (00559100 6 306.9001821 Page 4 of 15 CODING: Words in strike-through type are deletions from existing law: Words in underlined type are additions. 90 ARTICLE II. DEFINITIONS 91 ••• 92 PUBLIC ART BUDGET — means one percent (1%) of the total construction value of a 93 developer's project, who is required to participate in the Art in Public Places program. 94 ••• 95 PUBLIC ART PROJECT — means the design, creation, and installation of artwork and the 96 beautification of public spaces, including associated public amenities, professional design 97 and consultant fees, the creation of public artwork, engineering and structural support, 98 associated lighting, signage, and other site-specific improvements that contribute to both 99 the artwork itself and the overall beautification of public space. 100 ••• 101 ARTICLE V. HOUSING INITIATIVES 102 Sec. 1. State Housing Initiatives Partnership Act. 103 ••• 104 E. Affordable Housing Incentive Plan (HIP). The City will, within one (1) year of adoption of 105 Ordinance No. 97-11, adopt a HIP as required by Florida Statutes. The HIP may be 106 amended from time to time and shall include but not be limited to the following: (00559100 6 306.9001821) Page 5 of 15 CODING: Words in:tte type are deletions from existing law; Words in underlined type are additions. 107 1. Art in Public Places Fee Program Exemptions. Pursuant to 108 II, Chapter 2, Article XII Chapter 4, Article XIV, the following types of projects are exempt 109 from -- -- - --- - -- - - - ' -- providing a Public Art Project: 110 a. The percent of the project dedicated to affordable housing as defined by the City of 111 Boynton Beach. 112 b. Single-family and two-family in-fill housing. 113 ••• 114 Section 6: Part III "Land Development Regulations," Chapter 2 "Land Development 115 Process,"Article VI"Impact And Selected Fees," Section 5 "Art In Public Places;" is hereby amended 116 to read as follows: 117 ••• 118 Sec. 5. Art in Public Places,Fee Public Art Project. 119 All development, redevelopment, reconstruction, or remodeling projects, which are 120 subject to the Ails Art in Public Places Program, shall pay a public arts fcc provide a 121 Public Art Project or provide Payment-in-Lieu of a Public Art Project in accordance with 122 City Codc of Ordinances Part II, Chapter 2, Article XII Chapter 4, Article XIV. 123 Section 7: Chapter 4 "Site Development Standards," Article XIV "Murals" is hereby 124 amended to read as follows: 125 ... (00559100 6 306-9001821) Page 6 of 15 CODING: Words in:;trik gh type are deletions from existing law Words in underlined type are additions. 126 ARTICLE XIV. MURALS ART IN PUBLIC PLACES AND PUBLIC BEAUTIFICATION 127 Sec. 1. Intent and Ownership 128 A. It is the intent and purpose of this article to further the commitment of the City to the 129 aesthetic, cultural, and economic enrichment of the community through the creation of 130 works of art so that citizens and visitors to the City are afforded an opportunity to enjoy 131 and appreciate works of art.The requirements of this article shall be construed to promote 132 the aesthetic values of the entire community and to provide the public with beautiful, 133 amenable, and enriching public spaces. 134 B. Ownership. Unless otherwise expressly agreed to in writing by the City, ownership of all 135 art acquired through expending funds in the Public Art Fund shall be owned by the City 136 according to the Art in Public Places Guidelines. 137 1.The artist will grant the City a perpetual, non-exclusive, royalty-free license to reproduce 138 and distribute promotional merchandise and print publications of the artwork for city- 139 related purposes.Additionally, the City will have exclusive, irrevocable ownership rights to 140 any trademarks or service marks related to the artwork. City approval of the artwork shall 141 be deemed to be a grant of the artist for authorization by third parties to review and 142 reproduce documents provided by the artist to the City, which are deemed to be public 143 records pursuant to public record laws of the state. The City may also refer to the artist's 144 name and artwork title in reproductions. 100559100.6 306-9001821 f Page 7 of 15 CODING: Words in hike-through type are deletions from existing law; Words in underlined type are additions 145 Sec. 2. Art in Public Places Program 146 A. Applicability. 147 All development, redevelopment, reconstruction,or remodeling projects commenced after 148 the adoption of this article, which have a construction value of $500,000 or greater, shall 149 participate in the Art in Public Places program unless explicitly exempt. 150 1. The following types of projects are exempt from participating in the Art in Public Places 151 program: 152 a. Remodeling, repair, or reconstruction of structures damaged by fire, flood, wind, 153 earthquake, or other calamity determined by the City of Boynton Beach building official. 154 b. The percent of the project dedicated to affordable housing as defined by the City of 155 Boynton Beach. 156 c. All projects that were submitted prior to or on October 5, 2005, notwithstanding any 157 subsequent request for site plan extension. 158 d. Single-family and two-family in-fill housing. 159 e. Normal, routine maintenance, including replacement of existing damaged or failing 160 structural or non-structural elements, HVAC, plumbing, electric, communication, or fire 161 detection/suppression equipment of a project not associated with an addition, renovation, 162 or new construction. (00559100 6 306-9001821) Page 8 of 15 CODING: Words in stfike4lifeugh type are deletions from existing law; Words in underlined type are additions. 163 f. Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any 164 existing amenity, clubhouse, building, pool, park, playground and/or common area 165 element located within an existing private residential development. This specific 166 exemption applies retroactively to October 5, 2005. 167 g. All projects that were submitted for a building permit after or on October 1, 2023, with 168 a construction valuation of less than $500,000. 169 B. Public Art Master Plan. 170 1. Proposed public art shall be consistent with the City's Public Art Master Plan. 171 C. Public Art Project Requirement. 172 1. All projects that are required to participate in the Art in Public Places Program must 173 complete a Public Art Project on-site prior to the issuance of the associated first Certificate 174 of Occupancy or Certificate of Completion.A Public Art Budget that is equal to one percent 175 (1%)of the construction value of the project or one million dollars ($1,000,000), whichever 176 is less, is required to be utilized to provide a Public Art Project. One hundred percent 177 (100%) of the Public Art Budget must be utilized for the Public Art Project, and underruns 178 shall be paid directly to the Public Art Fund. As a condition of the issuance of the building 179 permit, thirty percent (30%) of the Public Art Budget shall be collected and paid directly 180 to the City as an administrative fee.The remaining seventy percent (70%) of the Public Art (00559100 6 306-9001821) Page 9 of 15 CODING: Words in stri'k gh type are deletions from existing law; Words in underlined type are additions. 181 Budget must be utilized to provide public art and/or beautification of public spaces on- 182 site, as approved by the Art Advisory Board. 183 2. Criteria. All Public Art Projects must meet the following criteria: 184 shall be suitable to the design of the site, in order for the public to receive the most 185 enjoyment and benefit from the art.A plaque shall be installed within reasonable proximity 186 to the artwork to inform the public that the art is part of the City's Art in Public Places 187 program. 188 b. The Public Art Project shall be integrated into the overall planning and design for a 189 structure or project and shall be compatible with the intent and purpose of the structure 190 at which the work or works are located. 191 c. The Public Art Project shall be integrated into the overall landscaping plan, and 192 landscaping shall be utilized to enhance the visibility of such works. 193 d. The Public Art Project shall be lighted at a minimum from dusk until dawn unless 194 otherwise approved by the Art Advisory Board. The lighting shall be designed and located 195 in order to prevent excessive lighting, energy waste, glare, light trespass, and sky glow. 196 e. The Public Art Project installed to fulfill the Art in Public Places program requirement 197 cannot be altered or removed from the site without the approval of the Art Advisory Board. 198 f. The Public Art Project shall obtain all required governmental approvals be given to 199 project zoning. Permits and building approval shall be obtained when necessary and shall (00559100 6 306-9001821} Page 10 of 15 CODING: Words in:-ig:type are deletions from existing law; Words in underlined type are additions. 200 be in compliance with the Florida Building Code, the National Electric Code, and the 201 previously approved plans by the City Commission. 202 g.The owner of the Public Art Project agrees to maintain the artwork and associated public 203 spaces in good condition as approved by the Art Advisory Board.If the artwork cannot be 204 maintained or repaired, or the owner requests to remove the artwork, then the owner will 205 replace the artwork of value equal to the original seventy percent(70%)of the value of the 206 Public Art Project. Alternatively, the owner can contribute the same value to the Public Art 207 Fund. If the owner chooses to replace the artwork in a different form than originally 208 approved, the new artist and art selection criteria shall be in compliance with the Art in 209 Public Places Guidelines and must be approved by the Art Advisory Board. 210 3. Ineligible Expenditures from a Public Art Budget. Public Art Projects are intended to be 211 site-specific and uniquely designed by a professional artist or design professional for the 212 associated development. The following are ineligible expenditures from a Public Art 213 Budget: 214 a. Landscaping such as trees, shrubs, and ground cover. 215 b. Site elements required by the City's Code of Ordinances. 216 c. Standard amenities, such as off-the-shelf, prefabricated, or mass-produced 217 furnishings, equipment, and utilities. 218 d. Commercial signage or branding/advertising elements. 219 e. Standard maintenance or repair. (00559100 6 306-9001821 Page 11 of 15 CODING: Words in:.'..�*a, *gh type are deletions from existing law; Words in underlined type are additions. 220 4. Approval Process. The owner of a development agrees to secure the approval of the 221 Art Advisory Board for the location and public visibility of the Public Art Project, for the 222 qualified artist, for the design of the artwork and the artwork site, and for the final installed 223 artwork and artwork site. Such approvals will be based on the Art in Public Places 224 Guidelines. Prior to commissioning and/or purchasing the artwork, the owner of the 225 development, in consultation with the City, shall schedule and hold a public workshop 226 regarding the artwork design, location, and the artwork's public visibility prior to the Art 227 Advisory Board's meeting. For submittal requirements, refer to the Art in Public Places 228 application provided by staff. 229 5. Payment-in-Lieu of a Public Art Project. As a condition of issuance of the Certificate of 230 Occupancy or Certificate of Completion, the applicant may choose to pay directly into the 231 City's Public Art Fund in the amount of sixty percent (60%) of the required Public Art 232 Budget. This payment serves as an alternative to the provision of a Public Art Project only. 233 As a condition of issuing the building permit, thirty percent (30%) of the Public Art Budget 234 shall be collected and paid directly to the City as an administrative fee, regardless of 235 whether payment is made directly into the Public Art Fund. Once payments are paid into 236 the Public Art Fund, no refunds are permitted. 237 Sec. 3. PUBLIC ART FUND (00559100 6 306-9001821} Page 12 of 15 CODING: Words in t4Fiktx4hcougli type are deletions from existing law; Words in underlined type are additions. 238 A. There is hereby created a Public Art Fund. Funding shall consist of all collected public 239 art payments, any cash grants, donations to the City for public art projects from 240 governmental or private resources, earned income from sales or services, and all other 241 funds allocated by the City through the budgetary process for the provision of public art 242 and in realization of the Public Art Master Plan. 243 B. Expenditures from the Public Art Fund shall include but not be limited to expenses 244 associated with the staffing, selection, commissioning, acquisition, transportation, 245 maintenance, public education, promotion, administration, program marketing, 246 documentation, removal, and insurance of the works of art or in relation thereto and the 247 realization and execution of the Public Art Master Plan. The following are ineligible 248 expenditures from the Public Art Fund: 249 1. Required site elements per the City's Code of Ordinance. 250 2. Standard amenities, such as off-the-shelf, prefabricated, or mass-produced furnishings, 251 equipment, and utilities. 252 3. Standard maintenance of landscaping and public, including but not limited to mowing, 253 tree trimming, and pressure washing. 254 C. The Art Advisory Board may recommend to the City Commission expenditures from the 255 Public Art Fund in furtherance of the Art in Public Places program. 256 Sec. 4. MURALS {00559100.6 306-9001821} Page 13 of 15 CODING: Words in strike-through type are deletions from existing law; Words in underlined type are additions. 257 ... 258 Section 8: Codification. It is the intention of the City Commission of the City 259 of Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become 260 and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 261 Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be 262 changed to "Section," "Article,"or such other word or phrase in order to accomplish such intention. 263 Section 9: Severability. If any clause, section, or other part of this Ordinance 264 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such 265 unconstitutional or invalid part shall be considered as eliminated and in no way affecting the 266 validity of the other provisions of this Ordinance. 267 Section 10: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 268 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 269 conflict. 270 Section 11. Effective Date. That this Ordinance shall take effect 90 days after 271 adoption and signature by the Mayor. 272 273 274 [SIGNATURES ON THE FOLLOWING PAGE] 275 (005591006306-9001821 1 Page 14 of 15 CODING: Words in stye-through type are deletions from existing law; Words in underlined type are additions. 276 FIRST READING this 15th day of April 2025. 277 SECOND, FINAL READING AND PASSAGE this 20th day of May 2025. 278 CITY OF BOYNTON BEACH, FLORIDA 279 YES NO 280 281 Mayor— Rebecca Shelton 282 283 Vice Mayor— Woodrow L. Hay 284 285 Commissioner—Angela Cruz 7 286 287 Commissioner— Thomas Turkin Ota`S 288 289 Commissioner—Aimee Kelley 290 291 VOTE 292 ATTEST: 293 2•, 29 110 296 May e- IeJesus, C Rebecca Shelton 297 City Mayor 298 299 APPR VED AS TO FORM: 300 (Corporate Seal) Q,�/ 301 OF gOYNT�2 X1 O� . ' RPO 302 v . SEAL Shawna G. Lamb 303 ; •1 AI, i City Attorney •NCORpORATED. i • 1920 It F........• tk% ORIDA (00559100 6 306-9001821} Page 15 of 15 CODING: Words in;tr• -rirougR type are deletions from existing law; Words in underlined type are additions.