HomeMy WebLinkAboutO-2025-014 Amending Ch. 28 Secs. 811-50 and 811-70 Public Art FeeORDINANCE NO. 2025-014
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE CITY’S PUBLIC ART FEE IMPOSED ON DEVELOPMENTS, BY AMENDING CHAPTER 28, ENTITLED THE “LAND DEVELOPMENT CODE” AT SECTION 811-50, “APPLICATION PROCEDURES FOR PLACEMENT OF ART ON PRIVATE PROPERTY,” AND
SECTION 811-70. ENTITLED “BUILDING PERMITS”; PROVIDING FOR
CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission created a Public Art Advisory Board to assist the City
on the use of public art funds and help select artists and art works;
WHEREAS, in 2019, the City Commission adopted the Public Art Process and fees; and
WHEREAS, the fees were set at a half of one percent (.5 percent) for the public art pay
fee based upon total construction costs; and
WHEREAS, the fee for partial public art and partial placement of art on site was set at
one-quarter of one percent (.25%) towards the fund; and an additional of a quarter of one percent
(.25%) toward the on-site artwork based upon total construction costs; and
WHEREAS, the current industry standard is between one and two percent (1% - 2%) for
other public art fee programs in the State of Florida; and
WHEREAS, the Administration recommends increasing the public art fee to one percent
(1%); and the installation of art on private property fee to be a half of a percent (.5%) towards the
fund; and another half of a percent (.5%) towards the public art placement on private property; and
WHEREAS, the maximum payment cap of $250,000 is being increased to $500,000;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Article 811 entitled the “Public Art Program,” is amended as follows:
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CHAPTER 28
LAND DEVELOPMENT CODE
PART 8 – TECHNICAL APPENDIX
* * *
ARTICLE 811. PUBLIC ART PROGRAM
* * *
Sec. 811-50. Application procedures for placement of art on private property.
* * *
(F) A payment of 0.25% one-half of one percent (0.5%) towards the city's public art program to
be deposited by the city in the public art fund; and a payment of 0.25% one-half of one percent (0.5%) , which is to be held in escrow to ensure that the developer complies with the public art program requirements for placement of public art on private property as required by section 811-70(2). The city manager is authorized to return escrowed funds to the developer if the
developer has complied with all the requirements of section 811-70(A)(2)(iii).
* * *
Sec. 811-70. Building permits.
(A) Prior to issuance of a final building permit, the applicant or developer for projects subject to this article shall be required to comply with one of the following:
(1) In-lieu public art fee. Pay one-half of one percent (0.5%) (1.0%) of the cost of the
proposed development project, as an "in lieu" public art fee, with a minimum payment
of five thousand dollars ($5,000.00) and a maximum payment of two five hundred fifty thousand dollars ($250,000.00 $500,000.00); or
(2) Combination of in-lieu public art fee and placement of art on site. Placement of art on the site of the development project, which shall have a minimum value of one-quarter
half of one percent (0.25%) (0.5%) of the cost of the proposed development project
combined along with a one-quarter half of one percent (0.25%) (0.5%) payment of an "in-lieu" public art fee. The owner shall provide documentation to the city that the art fee has been deposited into an escrow account for said purpose prior to the issuance of a building permit. Prior to placement on the development site, the art must be approved
by the community development director or designee and conform to the adopted public
art guidelines.
* * *
Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
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Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 4. It is the intention of the Mayor and City Commission of the City of Dania
Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed
to "section," "article," or other appropriate word.
Section 5. That this ordinance be codified in Municode.com.
Section 6. That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on June 24, 2025.
PASSED AND ADOPTED on second reading on July 8, 2025.
First Reading: Motion by: Vice Mayor Salvino
Second by: Commissioner Lewellen.
Second Reading: Motion by: Vice Mayor Salvino
Second by: Commissioner Rimoli
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen X ____
Commissioner Luis Rimoli X ____
Commissioner Archibald J. Ryan IV ____ X
Vice Mayor Marco Salvino X ____
Mayor Joyce L. Davis X ____
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ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS
CITY ATTORNEY