Transit shelters
(a) Permits required. Transit shelters may be located within city or state highway rights-of-way or on adjacent properties by obtaining a city zoning and building permit, subject to the following requirements:
(1) A transit shelter shall meet requirements of chapter 4 as it may be applicable to meeting all structural and electrical requirements in order to obtain a building permit or an electrical permit.
(2) Permit fees will be waived for transit shelters to be erected under the authority of a public transportation agency.
(b) Location. The location of transit shelters shall be as follows:
(1) Transit shelters may be located within the sidewalk area of a public right-of-way, or on adjacent private property. When the transit shelter is located on private property, the private property owner shall be a signatory to the application for a building permit.
(2) A transit shelter, as a public convenience, shall be exempt from the lot area and yard requirements of sections 19-131 through 19-142 but shall conform to the requirements of section 19-143.
(3) In order for a zoning permit to be issued under section 19-56, the zoning officer shall determine that the following requirements are met:
a. The transit shelter does not block or hinder access to adjacent property;
b. The transit shelter does not substantially obstruct the visibility of commercial establishments abutting or adjacent to a street;
c. Transit shelter placement must allow a safe, minimum, unobstructed width of three feet for pedestrian movement on the sidewalk, and when space permits, a four-foot width shall be required;
d. An applicant for a permit shall provide a written guarantee that there will be no conflict or interference with the location or maintenance of public or private utilities or utility service to abutting property.
(c) Liability. The city shall be indemnified against any and all liability in connection with bus shelter placement, location, maintenance, use or removal.
(d) Maintenance. Maintenance of the transit shelter shall not be the responsibility of the city but shall be the sole responsibility of the applicant for a permit. Maintenance shall be on a routine basis with provisions for snow removal and emergency maintenance. A maintenance plan and schedule shall be submitted with the request to locate a shelter.
(e) Cause for removal. The city reserves the right to order removal or relocation of transit shelters at the expense of the owner/applicant with no liability to the city, upon due notice for
bona fide cause. Causes shall include but not be limited to inadequate maintenance or failure to follow the approved maintenance plan and schedule, nuisance, interference with the construction, repair or maintenance of any public or private utility service or other cause determined to impair or threaten the use, safety, welfare or the rightful use of the right-of-way.
(f) Advertising. Transit shelter advertising shall be as follows:
(1) Transit shelter advertising shall be limited to one double faced advertising panel. The live area of each face shall not exceed 22 square feet in area, or a width of not greater than 48 inches;
(2) If the advertising panel is illuminated, it shall be by internal illumination and shall meet the guidelines of article VII of this chapter.
(3) Advertising shall conform to the requirements of chapter 8, article XI.
(Rev. Ords. 1987, § 19-174)