Public Art in the Right-Of-Way (ROW)

As stated in Section II-201 of the Zoning Code, “Public Art” is defined as:
Public art or public works of art: Public art or public works of art is defined as the creative application of skill and taste by artists to production of permanent tangible objects according to the aesthetic principles, including but not limited to: paintings, sculptures, site specific installations, engravings, carvings, frescos, mobiles, murals, collages, mosaics, statues, and bas-reliefs. Public art or public works of art shall also include the creative application of skill and taste by artists according to aesthetic principles to the architectural embellishment of a building or structure.

However, the following shall not be considered public art or public works of art:

1. Reproductions, or unlimited copies of original artwork;
2. Art objects which are mass-produced;
3. Works that are decorative, ornamental or functional elements of the architecture or landscape design, except when commissioned from an artist as an integral aspect of a structure or site;
4. Architectural rehabilitation or historical preservation.

Public Art that is authorized to be installed in the public right-of-way shall not contain messaging or content of the following nature:

1. Promoting or opposing a political candidate, political party, other political organization or a political issue to be voted on at an election or referendum
2. Promoting or opposing a particular religion or religious organization or having a religious theme
3. Promoting discrimination or discriminatory practices against a group of people
4. Promoting illegal or unlawful activity
5. Relating to adult or sexually explicit matters or to lewd or obscene themes or materials
6. Commercial messaging or advertising of products (for further details, see our Commercial Artwork Guidelines)

Applicants must agree to:

• Follow all Right-of-way permitting guidelines as outlined in Chapter 30, Article 2 of the City of Sarasota Code of Ordinances.
• Review and adhere to the City’s fee schedule for Right-of-Way permitting.
• Assume all costs associated with installation and provide a bond for removal.
• Enter into a maintenance and/or encroachment agreement, if required.
• Restore the permitted area to its original condition once the project is complete or the permit period ends.
• Ensure ongoing compliance with ADA requirements throughout the project lifecycle.
• In the event the public art is located in a crosswalk, utilize only the pavement for creation of the public art and do not place any freestanding objects within the crosswalk.

Note: All public art installations are considered temporary occupancies of public rights-of-way. Projects previously approved or permitted are subject to re-evaluation and must follow the updated permitting process to ensure continued compliance with current city standards.

1. Engineering Standards: Projects must follow applicable guidelines outlined in the Public Art section of the City’s Engineering Design Criteria Manual (EDCM).
2. City Code / Zoning Compliance: All installations must comply with City Code and zoning regulations. Public art in the right-of-way may not be used as signage, advertisements, or commercial artwork, as defined under the City’s Zoning Code.
3. Liability Insurance: Applicants must hold liability insurance that covers all stages of the project, including installation, use, and de-installation.
4. Indemnification: Applicants must agree to indemnify, defend, and hold harmless the City of Sarasota from liability for personal injuries and damage to property that may result from the installation, use, and de-installation of the public art.
5. Safety Compliance: Installations must not constitute an "attractive nuisance" that would create an unacceptable risk of harm to children or the general public.
6. ADA Accessibility: Projects must comply with the Americans with Disabilities Act (ADA) to ensure they do not obstruct or impede accessibility. This includes maintaining clear paths for mobility devices, ensuring proper height clearances, and adhering to other ADA requirements.
7. Structural Integrity: All installations must be designed and constructed to withstand environmental conditions, including weather events, as required by Florida building codes. Designs and surveys must be reviewed and approved by a licensed professional engineer.
8. Outreach to Affected Parties: Applicants must notify and engage with nearby property owners, businesses, and other affected parties to gather input and address potential concerns prior to final approval. Documentation of outreach efforts may be required.
9. Special Requirements for Public Art in Crosswalks: The location of the public art on the pavement shall be restricted to within the borders of the crosswalk.  The boundaries of the crosswalk shall be separately delineated by white bars on either side of the crosswalk across the street.  The width of the white bars delineating the crosswalk shall be determined by the City Engineer.  Public art is not allowed in bricked crosswalks.

1. Pre-Approval: Submit a proposal with consideration of all the above requirements to PublicArt@SarasotaFl.gov. Proposals should be as detailed as possible, including design concepts, materials, dimensions, installation plans, and any other relevant information.

2. Initial Sign-off by Public Art, Parks and Recreation, Engineering, and Utilities Divisions/Departments: If approved, staff will add the proposal to the next Public Art Committee* meeting agenda. If the proposal is for public art in a crosswalk, then the Director of Public Works and the City Engineer must approve the type of paint and/or other materials used to create the artwork.; Such approval shall be in writing and is required prior to installation. *If the proposal requests installation within a public park, it must also be reviewed and recommended for approval by the PREP Board.

3. Recommendation for Approval by Public Art Committee (PAC): If the proposal is recommended for approval by the PAC, staff will request a draft agreement from the City Attorney's office for consideration by the City Commission. (See Step 5 below).

*3a. Recommendation for Approval by Parks, Recreation and Environmental Protection (PREP) Board (if applicable)

4. Draft Agreement created by the City Attorney's Office: The draft agreement will be added to an upcoming City Commission agenda for consideration for approval.

5. Approval by City Commission

6. Applicant submits Right-of-way Permit and Encroachment Applications, and pays all associated fees for:

1. Installation
2. Duration of right-of-way use
3. De-installation

7. Installation of Artwork

1. Installation must be completed in accordance with the approved plans and within the specified timeline.
2. Inspections may be required during and after installation to ensure compliance with City and ADA standards.
3. Regular maintenance must be performed by the applicant as outlined in the agreement.
4. If installation requires a closure of the public right-of-way, (for example, to create public art on the pavement of a crosswalk), then the date and time of installation shall be arranged in advance with the Public Works Department.

8. De-Installation of Artwork*

1.  At the expiration of the approved installation duration or non-compliance with any permits or agreements, the applicant is responsible for the de-installation of the artwork, including obtaining any necessary right-of-way permits.
2. The applicant must restore the site to its original condition in accordance with the agreed-upon terms.
3. The City may conduct a final inspection to ensure compliance with the de-installation and site restoration requirements.

*The City reserves the right to modify, relocate, or remove public art installed in the right-of-way at its sole discretion and without obligation to the artist or owner.

For questions or more information, please contact the Public Art Program Administrator:

• PublicArt@SarasotaFL.gov
• (941) 263-6349