[1]
Editor's Note: Former Ch. 175 pertained to similar subject matter and derived from Ord. 2-2018, eff. 2-15-2018.
[Ord. No. 36-2022, § 1, eff. 1-4-2023]
(a) 
Purpose. Established in 1911 as the Art Commission, the Public Art & Civic Design Commission reviews the aesthetics of the designed environment on or over City-owned property. The Public Art & Civic Design Commission empowers the development of art and culture in public spaces and promotes design of public spaces and civic structures that has a positive impact on the City's Public Realm.
(b) 
Creation. The Public Art & Civic Design Commission shall consist of the various members appointed by the Mayor with approval by City Council. Members shall hold office during the term for which the Mayor who appoints them has been elected and until their successors are respectively qualified and appointed. In case any vacancy occurs, the vacancy shall be filled by the Mayor for the remainder of that Mayor's term. All appointed members shall serve without compensation. The Directors (or their Designees) of the Department of Public Works and the Department of Mobility & Infrastructure shall serve as ex-officio members of the Commission but will not be voting members or counted for purposes of quorum.
(c) 
Organization.
(1) 
The Commission shall consist of the following Committees:
a. 
Public Art Review Committee, consisting of four (4) practicing artists or arts professionals, and one (1) community representative. The Public Art Review Committee shall review and approve the addition, modification, relocation, and removal of items of Public Art in the Public Realm on behalf of the Commission.
b. 
Civic Design Review Committee, consisting of four (4) practicing architects, urban designers, or built environment professionals, and one (1) community representative. The Civic Design Review Committee shall review and approve the design of new structures and designed sites in the Public Realm, or the modification of existing structures and designed sites, in the Public Realm on behalf of the Commission.
(2) 
A Public Art & Civic Design Commission President and Vice-President shall be elected at the first Commission meeting of the year, with a representative from each Committee occupying one (1) of the two (2) leadership positions. These positions will in turn each serve as Chair for their respective Committee. The term of office for the Chair and Vice-Chair shall be for one (1) year. Responsibilities of the officers shall include announcing periods of discussion about proposals at meetings, calling for votes at the end of discussion, and announcing decisions of votes.
(3) 
The Public Art & Civic Design Commission shall convene as a body no less than two (2) times each year to review procedural issues and to receive public arts, culture, and civic design priorities, goals, and review criteria from the City, which will inform the Committees' review of applications.
(4) 
Each Committee of the Commission should meet no fewer than six (6) times per year, with the option to meet additionally as necessary.
(d) 
Quorum. A majority of the sitting members of the Commission and/or the Committee shall constitute a quorum for the transaction of any business or the decision of any matters within their competence or jurisdiction, and the majority of the quorum may decide.
(e) 
Time Limitation on Decisions. In all instances other than Section 175.03.b(a): Emergency Action, if the Commission or a Committee fails to decide upon any matter submitted to them within seventy-five (75) days after a completed application is submitted to Department of City Planning staff, the matter shall be deemed approved.
(f) 
Rules of Procedure. The Commission shall have the power to adopt its own rules of procedure, consistent with relevant laws or ordinances.
(g) 
Delegation to Staff. Within the Commission's Rules of Procedure, projects of limited scope may be classified as having a minimal impact on the public and the review of such projects delegated to the Department of City Planning staff.
[Ord. No. 36-2022, § 1, eff. 1-4-2023]
(a) 
PUBLIC REALM
For the purposes of this Chapter, Public Realm means the outdoor area that is experienced by the public in general, and is owned or managed, in whole or in part, by the City; including the surface, the air above the surface, and any right-of-way (including any street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, lane, square, viaduct, or waterway).
(b) 
PUBLIC ART
For the purposes of this Chapter, Public Art means historic and modern works of Public Art, Monuments, Memorials, and select Historic Objects (collectively referred to as "Public Art") intended for permanent display in the Public Realm. Permanent display is considered to be one (1) year or more in duration. Categories of Public Art include, but are not limited to:
(1) 
PUBLIC ART
Original or editioned artwork selected, commissioned, or created for placement in the public domain, and created by an artist. This includes but is not limited to free-standing and wall-mounted sculptures, mosaic panels, and site-specific installations.
(2) 
MONUMENTS
Physical structures or designed spaces whose purpose is to honor 1) a special event or concept of recognized importance to the general public, or 2) the life and deeds of a notable figure.
(3) 
MEMORIALS
Signs, structures, designed spaces, or other markers whose purpose is to keep a notable event, period of time, site, person, or group within the consciousness of the general public.
(4) 
HISTORIC OBJECTS
Historic items which serve as memorials to a past era due to their previous function or placement.
(c) 
CIVIC DESIGN
For the purposes of this Chapter, Civic Design means the designed environment on or above land owned by the City, including but not limited to structural features and site design. These are structures or sites within the Public Realm, under the City's legal control, and in which City funds are invested.
[Ord. No. 36-2022, § 1, eff. 1-4-2023]
(a) 
Decision Making. All action regarding Public Art and Civic Design shall require the Mayor's initiation. The Commission, including its Committees, cannot ratify a decision with regard to Public Art or Civic Design in the Public Realm without first receiving a written directive from the Mayor to consider the Public Art or Civic Design matter.
(b) 
Public Art. The Public Art Committee of the Commission shall review and approve the addition, modification, relocation, and removal from public view of items of Public Art as defined in Section 175.02(b). Approval shall be given in writing by a quorum as defined in Section 175.01(d).
(1) 
Emergency Action. In case the immediate removal, modification, or relocation of any existing work of Public Art is deemed necessary by the proper authorities within the City, the Public Art Committee of the Commission shall, within forty-eight (48) hours after notice is given to them, approve or disapprove of the removal or relocation, and, in case of their failure to act within the period, they shall be deemed to have approved the action proposed. In the event that the Public Art Committee disapproves of the proposed action, the removal, modification, or relocation of the Public Art may still proceed upon approval by the Mayor.
(c) 
Civic Design. The Civic Design Committee of the Commission shall review and approve the design of exterior renovations, new structures, and designed sites in the Public Realm as defined in Section 175.02(a). Approval shall be given in writing by a quorum as defined in Section 175.01(d).
(1) 
Emergency Action. In the event that proper authorities within the City determine that a structure within the Public Realm must undergo immediate renovations for the health or safety of the public, the Civic Design Committee shall, within forty-eight (48) hours after notice is given to them, approve or disapprove of the renovation, and in case of their failure to act within the period, they shall be deemed to have approved the action proposed. In the event that the Civic Design Committee disapproves of the proposed action, the renovation of the structure may still proceed upon approval by the Mayor.
(d) 
Private Property. The Commission may volunteer non-binding advice or suggestion to the owners of private property in relation to public art or civic design projects. Any resident or person who may be about to erect a built structure, designed space, or public art project on private property may submit plans and designs to the Commission for advice and suggestion.