Sec. 17-51. - Requirements.

When a project is subject to the requirements of this subchapter, the applicant shall comply with the provisions of either subparagraph (a) or (b) of this section or a combination of both.

(a)

Artwork contribution.

(1)

The project applicant shall acquire and install artwork in a public place on or in the vicinity of the project site as approved by the planning commission pursuant to this article.

(2)

The cost or value of such artwork shall approximate the amount of the in-lieu contribution that would be made under subsection (b) of this section.

(3)

A project applicant may acquire and install artwork in a public place not on the applicant's property (the "substitute site") subject to approval by the planning commission.

(b)

In-lieu contribution.

(1)

In-lieu of providing artwork in compliance with subsection (a) above, for residential projects, the project applicant may elect to pay an in-lieu fee equal to one-half (½) percent of the total project costs, excluding land, and for nonresidential projects, the project applicant may elect to pay an in-lieu fee equal to one (1) percent of the total project costs, excluding land.

(2)

Payment of in-lieu fees shall be made by the applicant prior to issuance of a building permit, unless otherwise provided by the city council.

(Ord. No. 2117, § 1, 8-17-04; Ord. No. 2174, § 1, 4-15-08; Ord. No. 2229, § 2(Exh. B), 3-20-12)

Secs. 17-52—17-60. - Reserved.

DIVISION 4. - ADMINISTRATION AND PROCESSING