§ 19-305. Location

(a) Benches or shelters shall be installed only at those certain site locations as expressly approved by the city council. Benches or shelters shall be located only at active bus stops. If a bus stop is discontinued, the bench or shelter shall be removed and the site restored to its original condition to the satisfaction of the city by franchisee at its sole expense within fourteen (14) days following written notification by the director of public services. The precise location of the benches or shelters at each such site shall be reviewed and reported on by the transportation commission and approved by the city council and the transit district serving such bus stop prior to the issuance of a building permit therefor.

(b) The precise location of the benches or shelters shall generally, in addition to any other applicable provisions hereof, comply with each of the following requirements:

(1) A location shall be selected generally in accordance with the needs and priorities of the city.

(2) If the property owner, tenant or person in lawful possession or control of the property abutting the street at proposed shelter location objects to such proposal, a shelter with advertising thereon shall not be permitted at that location.

(3) No bench or shelter shall be permitted to block existing business signs on neighboring property.

(4) No bench or shelter shall be located over storm drain openings or similar structures.

(5) No bench or shelter shall be located so as to interfere with the growth of parkway trees.

(6) No bench or shelter shall be located less than fifteen (15) feet from any driveway, driveway apron or curb cut.

(7) The bench or shelter structure excluding the roof shall be set back a minimum of forty-eight (48) inches from the face of the curb. The roof shall be set back a minimum of twenty-four (24) inches from the face of curb.

(8) The bench or shelter shall be placed to allow on the sidewalk an unobstructed pedestrian travelway of forty-eight (48) inches minimum. Where the distance from the back of the bench or shelter to the back of the sidewalk is less than forty-eight (48) inches, the bench or shelter shall be placed within six (6) inches to twelve (12) inches from the back of the sidewalk.

(9) Benches or shelters may be placed either on the near or far side of the intersection in relationship to oncoming bus. Any bench or shelter rendered unserviceable by subsequent street improvements and/or changes in service by the transit district shall be relocated or removed to conform to such changes at expense of franchisee. The placement of each bench or shelter must be approved by the director of public services for satisfactory visibility based on design speed of adjacent highway.

(10) As each site is different, no set of location or placement specifications can be entirely satisfactory to meet all circumstances, therefore, consideration shall be given to the unique characteristics of each location, such as street function or appurtenances, features of adjacent properties, vehicular and pedestrian movements.

(11) The bench's or shelter's material shall reflect a reasonable and compatible design with the surrounding area.

(12) Any of the above requirements in this section may be waived by city council at its sole discretion, if in the interest of public convenience or necessity.

(Ord. No. 92-9, § 3, 5-4-92)