4699 Revisions to Public Art Chapter 2 Article IX of Code of OrdinancesOrdinance No. 2022-4699
An ordinance of the City of Sanford, Florida substantially revising
and amending Chapter 2, Article IX of the Code of Ordinances of the
City of Sanford relating to public works of art; providing for
legislative findings and intent; providing for Implementing
administrative actions; providing for conflicts, providing for a
savings provision; providing for severability; providing for
codification; and providing for an effective date.
Whereas, the City Commission of the City of Sanford has complied with all
procedural and substantive requirements of controlling law in enacting this Ordinance.
Now Therefore, Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings And Intent. The City Commission of
the City of Sanford hereby adopts and incorporates into this Ordinance the recitals
(whereas clause) set forth herein as the legislative and administrative findings and
intent of the City Commission which, together with the agenda materials, memorandum
and staff reports, to the extent that they exist, shall be maintained consistent with the
maintenance schedule for ordinances, as public records of the City.
Section 2. Amendment; Chapter 2, Article IX of the Code of Ordinances of
the City of Sanford. The provisions of Chapter 2, Article IX of the Code of Ordinances
of the City of Sanford are amended to read as follows (underlined text is new language
and stFikethmugh-text is deleted text):
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Sec. 2-501. - Legislative findings and intent.
(a) The City Commission of the City of Sanford hereby adopts and incorporates into
this Article the City staff reports feet and City Commission agenda memorandums
memorand relating to this Article.
(b) The provisions of this Article are enacted pursuant to the statutory and home rule
powers of the City to establish and maintain the appropriate operations of the City.
(c) The City of Sanford has complied with all requirements and procedures of Florida
law in enacting and advertising this Article.
(d) The City hereby finds that it possesses the unique aesthetic of a diverse creative
class and wishes to increase its potential by increasing the quantity and quality of public
art works on display in Sanford's public places as government speech, catalyze high
quality arts programming, provide support for existing arts organizations, arts initiatives
and artists, and to increase "arts and culture" tourism.
(e) The City hereby establishes that the intent of the this City in establishing this
Article is to establish a policy of the City which is complementary to the vitality and
cultural ambiance for which it is highly recognized, to enhance and expand public
experience and exposure to culture through various art forms, to enhance the
appearance of public facilities and places and improve the artistic and cultural
environment of the City for its citizens through a variety of art forms; including,, but not
limited to., visual and performing arts all as expressed as government speech.
(f) The City further hereby finds that the following goals and objectives are important
to the health, safety and welfare of its citizenry:
• Advance "arts and culture tourism" in Sanford.
• Increase public awareness of and interest in the arts.
• Foster artistic creativity.
• "Creative placemaking" by using public art to develop Sanford as an area where
people want to live, work and play.
• Attract and retain a creative workforce.
• Improve the quality of life within the City through arts.
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• Broaden the role of the artist in the community.
• Develop an image of the City as an arts destination.
• Reflect the diversity of the City e# Sanford and its citizens.
• Incubate arts programs and arts related businesses.
• Encourage civic engagement while inspiring creativity and conversation.
• Improve the quality of the urban environment and increase real property values.
• Ignite community engagement.
• Provide el+nes for public displays of art, including; but not limited to, murals as
government speech.
Sec. 2-502. - Definitions.
(a) The following definitions shall be used in the administration, implementation and
interpretation of this Article:
Adoption refers to the process by which the Public Art Commission considers public
works of art for inclusion as government speech into the City's public art collection
which may be owned either by the public or private sector and borrowed for display as
government speech and, b-ut which would benefit from being cared for, supported and
promoted through becoming part of the public art collection.
Acquisition means the inclusion of work of art in the City's public art collection, whether
the acquisition was by commissioning, purchase, donation, borrowing or any other
means.
Art easement or public art easement means an easement for the purpose of installing,
maintaining, operating and exhibiting public works of art as government speech on and
in real property within the City Limits of Sanford, including any building and structure
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thereon as an approved location for a public work of art by the City and as approved by
the City Attorney.
Commercial message is any message that advertises a business conducted, services
rendered, or goods produced or sold which message is allowed in only a de minimus
manner in this Article for limited purposes.
Commission means the City of Sanford Public Art Commission. When the City
Commission is referred to the provisions of this Article shall specifically so state.
City facility for the purposes of the public art refers to publicly -accessible facilities
owned and operated by the City ef Sanferd including, but not limited to, buildings, parks,
public spaces or public works which are physically or visually accessible to the general
public.
Decommission is the process by which the City PubliG Art Commission removes public
works of art from the public art collection.
Disposal means the cessation of the ownership and possession of a work of art by the
City.
Notice of acceptance is the written notification to an artist that his or her project is
complete and that the work of art has been accepted by the City for display at a City
facility or on publicly owned property.
Mural means any inscription, artwork, figure, wall mural, graffiti, marking, hand -painted,
hand -tiled, digitally printed restorative image or design, including mixed media, which is
observable from the public right of way or from a public space.
Popup art project means a temporary public art installation or exhibit on display less
than seven days.
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Property means any public property or any private property upon which the City has
legal rights in a form approved by the City Attorney which is observable from the public
right of way or from a public space. Public works of art may become the property of the
City by means of the granting of a public art easement, a donation agreement or a bills
of sale or in any other form approved by the City Attorney.
Prospectus is the term used to describe the articulation of the Public Art Commission of
what is desired in a particular work of art. It is generally a solicitation for responses in
either the form of a request for proposals or a request for qualifications. The prospectus
should include elements such as the site, the desired medium for the artwork, a theme
or other desired qualities which may help artists in responding to the range of needs
affecting a public art project, the funding source and budget amount and artist eligibility
requirements. A prospectus shall generally be developed for every project of the PubliG
Art Commission, including those pertaining to donations, acquisitions of existing public
works of art or direct selections of artists.
Public art collection includes the City's collection of public works of art, representing a
broad variety of media and styles and support community interests in having an
aesthetically enhanced environment.
Public art project means a facility, amenity or project which is either an approved public
art project, pop up project or public work of art as defined herein
Public art selection criteria means the evaluative categories established by tie -Pis
AFt Commission for a public art project.
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Publicly owned property refers to facilities or grounds which are not the property of the
City, ofSaRfsr-d but are owned by other governmental agencies or private property on
which City of SaRfGFd public art projects may be sited with the permission of the owner_;
These properties these include, but are not limited to, joint use facilities of the City and
facilities of other public entities such as Seminole County, the Seminole County School
District, the State of Florida, or other public pate facilities or properties where
necessary public art easements have been obtained in a form approved by the City
Request for proposals (RFP) is a type of prospectus that solicits public works of art
proposals from artists. The RFP can be an effective way to consider and evaluate the
appropriateness of an artist's concept when certain parameters of a project warrant
detailed information.
Request for qualifications (RFQ) means the type of prospectus that solicits qualitative
information from artists for further consideration of art concepts. The RFQ does not
anticipate that artists prepare or present specific project ideas based on limited
information provided in the prospectus.
Public work of art means all public display of artwork constituting government speech
such as murals, statuary and similar items which are located wholly or partially outside
and which are not intended to meet the definition of a sign as defined in Schedule K of
the City of Saaferd Code and must be approved by the City PubliG AFt Gemmissiei4,
unless allowed in accordance with the requirements for the outdoor storage or display of
merchandise specified in Schedule B of the City's Land Development Regulations or
unless the City Managers or designee, determines that they are customary yard or
building accessories. No items shall be approved by the PUIDI+s-,ACommission unless
the Pubes Commission determines that the item:
(1) Is a work of art as defined herein; and
(2) Is not a sign as defined in Schedule K of the City's Land Development
Regulations; and
(3) Is compatible as government speech with the character of the surrounding area
(particularly in residential areas) in terms of its size, style, colors, materials, general
appearance, and location; and
(4) Has no greater than five percent square footage area of commercial message
which language shall be limited to identifying sponsorships, authorization to use private
property or matters of a similar de minimus nature.
Work of art means any work of art including, but not limited to, a drawing, painting,
mural, fresco, sculpture, mosaic, photograph, work of calligraphy, work of graphic art
(including, but not limited to, an etching), works in clay, textile, fiber, wood, metal,
plastic, glass, and like materials, or mixed media (including a collage, assemblage, or
any combination of the foregoing art media). For projects which involve no structure,
work of art may include a combination of landscaping and landscape design (including
some natural and manufactured materials such as rock, fountains, reflecting pools,
sculpture, screens, benches, and other types of street furniture). Except as provided
herein, the term work of art can include environmental landscaping or ephemeral arts
such as dance, voice, music, poetry or other forms of art.
(b) In addition to the definitions set forth in subsection (a), the definitions set forth in
Florida law (Florida Statutes and Florida Administrative Code) as well as set forth in the
City Code/City's Land Development Regulations shall be applied and used in the
implementation of this Article and the promulgation of administrative rules.
Sec. 2-503. - Public Art Commission.
(a) Purpose. The Public Art Commission is hereby delegated authority and
responsibility by the City Commission respsnsible for making decisions
regarding acquisition of public works of art as
government speech for display at City facilities and areas which are subject to a public
art easement; provided, however, that, City staff liaison may submit any decision to the
City Commission in lieu of approval by the Public Art Commission, but after receiving
the recommendation of the Public Art Commission. at4- The Commission shall also
take appropriate actions regarding programs and facilities which further development of
the arts within the City as well as enhance the future vision of the City as it relates to the
arts, iRGludiRg these GUFFeRtly existing publiG WOFks ef art en PUbliG display within the
City -Limits. The Commission shall have the power and authority to establish rules and
guidelines which are necessary to carry out its t44e purposes of the eFdiRaRGe. The
Commission shall advocate for the program and the process and the procedures that
guide the acquisition and care of public works of art. The Commission shall endeavor to
develop a collection of public works of art that is of the highest quality that will
encompass a broad aesthetic range reflecting the City and the minds of its citizens that
will improve the quality of life in the City, that will be accessible to all individuals, and be
a source of pride to all residents.
(b) Public Art Commission duties. The Public Art Commission shall meet as needed
by call of the Chair or City staff liaison
SGhe d, led meeting and shall have, at a miRiM M the following responsibilities as well
as those otherwise set forth in this Article:
(1) Develop public works of art projects for display as government speech at City
facilities and publicly owned property which enhance the urban environment of public
spaces within the community and the further the tourist and economic potential of the
rnURVIN. SOMF 59, NJ
(2) Ensure that the public works of art collection reflects the diverse spectrum of
beliefs, cultural heritage and traditions, and artistic expressions of the City E)f Sanfer-d
and its environs.
(3) Adhere to all Federal, State and local laws and all legal requirements relating to
artists and public works of art.
(4) Identify and pursue additional sources of funds and donations of public works of
(5) Inform the public of public works of art opportunities and allow public participation
in all phases of the City's public works of art process. T E {�#eF this eRd, a plaGard-sign
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(6) Promote a variety of public works of art forms in the City and endeavor to increase
understanding within the City about public works of art through programs such as art
outreach education, media and social events.
(7) Document, maintain and conserve public works of art in the public works of art
collection, and make the collection available to the public through a variety of media.
(8) Develop opportunities for local artists through a wide array of events such as
consortiums, retreats, conferences, conventions, seminars, workshops, educational
events and festivals.
(9) Work with other organizations to promote public works of art such as, but not
limited to: the Sanford Historic Preservation Board, the Sanford Community
Redevelopment Agency, and other art and cultural organizations.
(10) Develop a comprehensive public art master plan to establish particular
parameters, themes or objectives relating to obtaining and maintenance of public works
of art as government speech for display at City facilities and publicly owned property
and set out future goals ,
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(11) Further public accessibility to public works of art by developing comprehensive
policies and procedures which establish specific parameters or objectives in relation to
particular genres of public works of art such as murals, digital and temporary art
installations and other forms of cultural assets or expressions.
(12) Provide an annual report to the City Commission relating to the display of public
works of art at City facilities and publicly owned property and other activities of the
PUbliG A Commission which report shall include, at a minimum, an evaluation of the
condition, relevance and appropriateness of public works of art that are on display.
(13) Establish various forms of committees to advise the Commission and assist in
carrying out its goals and purposes as necessary.
(14) Administer a program for review of Public -apt installations of public works of art
with appropriate public art selection criteria.
Sec. 2-504. - Funds; eaFinaFkin public sector and private sector donations.,
(a) The Finance Director shall establish a "Public Art Fund" in which funds
appropriated or donated for the purposes of public art shall be deposited.
(b) Funds for public works of art projects may be identified or solicited from other
public sector agencies, private foundations and granting bodies, businesses,
organizations or individuals of every type or nature.
(c) The Public Art Commission may seek private donations of funds, artwork, publicly
awarded funds or services including, but not limited to, in -kind services.
(d) The City Commission may, from time -to -time, appropriate funds into the Public
Art Fund for either specific or general purposes. The Public Art Commission may submit
a request for funding during the course of each fiscal year's budget development
process which request shall be delivered to the City Manager.
(e) When funds are committed in a development order, permit or agreement, as a
condition of development approval, for public works of art; those funds shall be
deposited in the Public Art Fund.
Sec. 2-505. - Rules relating to Public Art Commission.
(a) The Public Art Commission shall not discriminate against any artist on the basis of
race, color, religion, national origin or ancestry, disability, age, gender, veteran status,
sexual orientation or medical condition in making determinations as to acceptance of
public works of art as public speech.
(b) Installations of public works of art, meeting the definitions contained herein which
are approved by the Public Art Commission and registered with the €ubliG Ar�
Commission pursuant to the requirements of this Article solely constitute public works
of art as public speech and are not sens+rteFed signs and therefore are not subject to the
provisions of Schedule K of the City's Land Development Regulation Code- of
QrdipaRGeS or any other ordinance that regulates signs within the Code of Ordinances.
This Section was previously amended by Ordinance Number 2019-4527,
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,(c- An approved public art easement from the property owner to the City in a form
approved by the City Attorney PubliG AFt Gernmis shall be required for the
installation of public works of art except pop up art projects.
fjJ {f) City staff shall maintain a current list of approved public works of art.
(e) (g) Proposals for public works of art submitted to the PtbliG Art Commission
which include subject matter such as the apparent representation of violence,
inappropriate nudity, denigration of individuals or cultures, or desecration of significant
cultural symbols, will be reviewed for their appropriateness for public display as public
speech.
fD kh) All new or existing public works of art which are on public property or visible
from a public right of way within the City limits of the City of Sanford larger than three
feet tall, three feet wide, or nine square feet, in aggregate or in series, must receive
prior approval from the Public Art Commission through an art easement. Public works
of art of less than the size specifications set out above shall be exempt from such
review and may be approved by City staff
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works of art, not located on City owned real property, an approved public art easement
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Once an approved easement is finalized entered iRte and eXeG , the public work of
art shall be deemed to be government speech accepted for presentation in a public
space.
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Lc� k4 Pop up art installations which are larger than three feet tall, three feet wide, or
nine square feet, in aggregate or in series, shall not be required to receive approval
from the aff Commission but must apply-feF a receive an approved tirne/plaGe/manne
approval from the City through review by City staff before any exhibit or installation.
Once the staff approval is issued and executed, the pop up work of art shall be deemed
to be government speech accepted for presentation in a public space.
@ As required by controlling Florida law, the Public Art Commission shall receive
public comment and feedback. Decisions of the City relating to public works of art are
administrative decisions and are not quasi-judicial in nature. The find vote fnr colon+iniv
0:4) This Article shall not be construed or interpreted to will -net permit or allow any
type of illegal sign, irrespective of artistic content.
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JD (o) An application form must be submitted f, F Fevie by the City or another
appropriate applicant for public works of art to the PubliG ACommission The
application must contain, at a minimum, the following information,_ but the requirements
may be amended administratively from time to time for each particular application:
(1) Name and address of the creator of the public work of art.
(2) Name and address of the owner, operator, and person in possession of the
premises where the public work of art is to be located.
(3) Clear and legible drawings with description definitively showing the location of the
public work of art which is the subject of the application and all other existing public
works of art on the property.
(4) Drawings showing the dimensions, construction supports, sizes, foundation,
electrical wiring and components, materials of the public work of art and method of
attachment and character of structure members to which attachment is to be made. The
design, quality, materials and loading shall conform to the requirements of the Florida
Building Code, as amended. If required by the PubliG Aft Commission, engineering data
shall be supplied on plans submitted certified by a duly licensed structural engineer.
(5) Whether the public work of art will be permanent or temporary in nature.
(6) Signed acknowledgement to abide by all PubliG Arf Commission requirements,
City of-SnfeFd codes and ordinances and execute all necessary documents including,
but not limited to, a public art easement permitting the government speech.
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issuance if the PUbliG work of art has net beeR GE)mmeRGed. The appFeval shall also
expiFe if it is deteFmined by City maRageF eF designee that the projeGt has been
suspended, diSGentinued, or abandoned f()F a GORseGutive time period E)f 180
(p) Any approval issued by the PubliG Art Commission will expire two years after
kq} City staff shall have delegated
authority ftem the City Commission to review pop up art projects through an
applications process and issue time/place/mariner approvals for pop up art projects,
which will therefore constitute government speech if approved. Staff shall only grant
approval for those projects which are in compliance with all City codes and ordinances;
minding Schedule EseGtien 20.0, if appliGable. Any approval issued for pop up or
temporary art will expire two weeks after issuance. An application fer-m must be
submitted for review to City plaReing staff by the applicant at least two business days
before the exhibit. The application must contain, at a minimum, the following information
but may be amended administFatively fFem time te time, if appiiGable:
(1) Name and address of the creator of the public work of art.
(2) Name and address of the owner, operator, and person in possession of the
premises where the public work of art is to be located.
(3) Clear and legible drawings with description definitively showing the location of the
public work of art which is the subject of the application and all other existing public
works of art on the property.
(4) Drawings showing the dimensions, construction supports, sizes, foundation,
electrical wiring and components, materials of the public work of art and method of
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attachment and character of structure members to which attachment is to be made. The
design, quality, materials and loading shall conform to the requirements of the Florida
Building Code, as amended.
(5) Signed acknowledgement to abide by all Pubt+c-Aft Commission requirements,
City ef-S,aRford codes and ordinances and execute all necessary documents including,
but not limited to, a public art easement permitting the government speech.
(r) No approval shall be issued for installation of a public work of art or pop up art
project if there are outstanding code enforcement violations, fines, fees, taxes or any
other charges due and owing to the City by the applicant or the owner of the real
property on which the public work of art or pop up art project is to be located. All
outstanding debts to the City shall be paid in full prior to issuance of approval.
ko Upon approval, an art easement shall be entered into between the City and the
property owner in a form approved by the City Attorney and recorded in the Public
Records of Seminole Countye ; provided, however, that for installation of public
works of art. Pop up art projects installations shall not require recording in the Publi
(t) With regard to properties or structures located within a the historic district and
which are subject to the hiSteFiG pFesewatien Fegulations Gentained iR Schedule S of the
City's Land Development Regulations -Cede, the pUbliG °ft Commission shall
review proposed public works of art. The Historic Preservation Board shall have review
authority over a proposed public work of art only to the extent regulations in Schedule S
are implicated and a certificate of appropriateness is required and may issue
development orders that are subject to approval by the Public Art Commission.
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Section 3. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance and to take any and all necessary administrative
actions to bring into effect the provisions of this Ordinance.
Section 4. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby
repealed.
Section 5. Savings.
The prior actions of the City of Sanford in terms of the matters relating to public
works of art, as well as any and all actions and activities of the City pertaining thereto or
of an associated nature, are hereby ratified and affirmed.
Section 6. Codification.
Section 2 of this Ordinance shall be codified and the actions required by this
Ordinance shall be implemented as deemed appropriate by the Code codifier.
Section 7. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 8. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted thisa ay of June , 2022.
181,"2,ge
Attest:
Traci Hni irhin NAM('. FC Rnn
Approved as to form and
Legality:
William L. Colbert, Esquire
City Attorney
City Commission of the City of
Sanford, Florida, Seminole County,
Florida. , / /1 /
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Item No. I . Pr
CITY COMMISSION MEMORANDUM 22-166
JUNE 27, 2022 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Lisa Holder, Chief Communications & Cultural Affairs Administrator
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Revised Public Art Ordinance
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
® Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
The Public Art Commission is requesting the City Commission adopt Ordinance No. 4699.
FISCAL/STAFFING STATEMENT:
There are no costs to the City.
BACKGROUND:
The revision of the Public Art Ordinance has been a working document between the Public Art
Commission and the City Attorney's office. Two main elements of the revised Public Art
Ordinance focuses on the City Commission delegating authority of the Public Art Commission to
approve art in public places and to submit a request for funding during the course of each fiscal
year's budget.
LEGAL REVIEW:
The City Attorney's office has reviewed the revised Public Art Ordinance and determined it to be
legally sufficient.
The City Commission approved the first reading of Ordinance No. 4699 on June 13, 2022.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on June 19, 2022.
RECOMMENDATION:
The Public Art Commission, along with City staff, recommends the City Commission adopt
Ordinance No. 4699.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4699."
Attachments: (1). Ordinance No. 4699