§ 138-43. Bus shelters.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

"Bus shelter" means a shelter or bench located at a bus stop for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities.

(2)

"Commercial advertisement" means a printed or painted sign encouraging or promoting the purchase or use of goods, services or events and includes public service announcements and art displays, but does not include campaign posters, signs or advertisements prohibited by O.C.G.A. §§ 32-6-51 and 21-1-1.

(b)

Restrictions; permit required. It shall be unlawful to erect or maintain a bus shelter located within the city except by issuance of a permit by the commissioner of public works. No bus shelter shall be erected, located or maintained except in accordance with this chapter. No bus shelter shall be permitted within the sight distance triangle of another street as defined in this section. Any violator of this section shall be held accountable as provided for in the penalty section of this chapter. Any violator of this section shall also be subject to an order by the commissioner of public works to remove any bus shelter found to be in violation of this section. Failure of the owner of the bus shelter to remove the bus shelter within 30 days of being issued a written order of removal by the commissioner of public works shall authorize the commissioner of public works to remove the bus shelter, at the expense of the owner of the bus shelter. Applications for permits shall be in the form and shall contain such information as shall be required by the commissioner of public works. All bus shelters shall be erected and maintained by the permit holder in conformity with the city's zoning ordinance, and this section shall be in addition to and shall in no way modify or replace the city's zoning ordinance and all permits required therein. Only governmental units or public authorities which own and operate public transportation systems within the city or their approved designees shall be permitted to erect or maintain bus shelters. All applicants for bus shelters permits shall comply with the requirements of O.C.G.A. § 32-6-51 imposed by the state, shall obtain any other permit required by any other political jurisdiction and shall abide by all applicable state and federal regulations.

(c)

Agreement for use of public right-of-way. Permits for bus shelters erected or maintained on the right-of-way of a public road or street shall only be issued upon a written agreement being entered into by the city and the respective public authority or governmental unit owning and operating the public transportation system. No permit for any bus shelter in the public right-of-way shall be authorized or issued unless the property immediately adjacent to such shelter is zoned to the C-1, C-2, C-3, C-4, C-5, I-1, I-2, SPI-1, SPI-2, SPI-3, or SPI-4 zoning district pursuant to part 16 of this Code.

(d)

Authorization for use of other property. All permits issued for bus shelters erected or maintained on property other than on the right-of-way of public roads or streets shall be issued only upon the governmental unit or public authority owning and operating the public transportation system first obtaining authorization of the owner of property on which the bus shelter is to be erected and providing proof thereof at the time of filing an application for the permit. No permit for any bus shelter or property other than such right-of-way shall be authorized or issued unless the property upon which such shelter is to be located is zoned to the I-1 or I-2 zoning district pursuant to part 16 of this Code.

(e)

Limitation on number. There shall be a limit of 300 total bus shelters on the right-of-way of public roads or streets or on other property within the city. There shall be no more than 300 bus shelter permits issued by the commissioner of public works. Permit numbers shall be affixed to the permit in the upper right hand corner of the shelter. Permits are not transferable.

(f)

Design plans; location. Before a bus shelter is permitted to be erected, the applicant must submit design plans, which should be accompanied by photographs and any other supporting documents, to the commissioner of public works for approval. If an applicant proposes that a bus shelter contain illumination, the applicant must submit illumination plans at the time the application is made. It shall be unlawful for a bus shelter to contain illumination except pursuant to a permit issued by the commissioner of public works authorizing illumination. All permits authorizing the erection or the illumination of a bus shelter are subject to the final inspection and approval of the commissioner of public works before the bus shelter may be used to serve bus passengers. All permit requests shall be reviewed by the urban design commission as is required by chapter 90, article II, division 2 of this Code. The commissioner of public works shall not issue a permit until the permit application has been reviewed by the urban design commission pursuant to chapter 90, article II, division 2 of this Code. Each application must be approved by the commissioner of public works as to location and design and a permit issued before a bus shelter is erected. The criteria for evaluating the bus shelter design shall be the design compatibility with the site proposed, and the factors to be considered in making the determination shall be the aesthetics, size, scale, massing, detailing and materials of the proposed bus shelter. Additionally, the applicant must receive the approval of the commissioner of public works regarding the location of each and every proposed bus shelter before it is erected. The criteria for evaluating bus shelter locations shall be whether the bus shelter is compatible with the site selected, whether the proposed setback for the bus shelter would allow for the proper flow of pedestrian traffic and whether public transit usage levels justify the erection of a bus shelter at a particular location. All bus shelters shall be erected in accordance with the location and design approved and permitted by the commissioner of public works. All shelters serving bus passengers shall be handicap accessible and provide handicap access to and from the bus to the shelter.

(g)

Setbacks. Where a curb and gutter are present, there shall be a minimum of five feet of clearance from the face of the curb to any portion of the bus shelter. Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main-traveled roadway. In special public interest (SPI) districts 1, 2, 3 and 4, the minimum amount of unobstructed pedestrian space shall be as set forth in the pedestrian space plan in chapters 18A-18D of part 16 of this Code.

(h)

Maintenance. All governmental units and public authorities permitted to erect and maintain bus shelters or their designated agents shall be responsible for maintaining the bus shelters in a safe, clean and complete condition and in good order and repair at all times. A notice shall be placed on all bus shelters listing the name, address and telephone number of the person designated by the bus shelter permit holder who is responsible for the maintenance of the bus shelters and for fielding complaints by the public. The permit holder or designee shall maintain a log of each and every complaint made regarding the bus shelters and corrective action taken, which shall be available during normal business hours for inspection by the department of public works. The bus shelters shall be subject to inspection by the department of public works at all times, which may issue citations for maintenance violations. All maintenance violations shall be corrected within 48 hours upon the permit holder's being provided notice by the commissioner of public works of a violation.

(i)

Commercial advertisements. Commercial advertisements are permitted on shelters serving bus passengers only in those zoning districts specified in subsections (c) and (d) of this section. It shall be unlawful to place commercial advertisements on any shelter serving bus passengers within 100 feet of any designated landmark district, historic district, conservation district, landmark building or site; historic building or site; and 50 feet of any park. In addition, such commercial advertisements are prohibited within any landmark district, historic district, conservation district or park. However, bus shelters containing advertising shall be permitted on the public right-of-way in otherwise prohibited areas when at least one adult from 70 percent of residences within 500 feet in either direction on the street of the proposed bus shelter location signs a petition requesting a bus shelter be permitted. It shall be unlawful to place commercial advertisements on a bus passenger bench, whether inside or outside a shelter. One double-faced commercial advertisement, not to exceed 24-square feet in sign area, may be attached to a shelter for bus passengers; provided however, such commercial advertisements must be placed at the end of the shelter furthest from the approaching traffic flow on the side of the street on which the shelter is located and may not be placed on the back or any other portion of the shelter. Such commercial advertisement shall not extend beyond the limits of the shelter. Placement of such commercial advertisement on the top of any shelter serving bus passengers is specifically prohibited and a violation of the City Code. Double-faced commercial advertisements are defined and measured as set out in chapter 28A of part 16 of this Code.

(j)

Nonconformities. Any legal bus shelter in existence on the effective date of the ordinance from which this section derives which does not comply with this section shall be removed by the permit holder or owner after a period of ten years commencing with the effective date of the adoption of the ordinance from which this section derives. Any such nonconforming bus shelter which shall cease being used for a continuous period of one year shall be removed after such period of nonuse. However, no commercial advertisement which was not permitted prior to the adoption of the ordinance from which this section derives shall be permitted on any shelter serving bus passengers unless the shelter is in conformity with this section.

(k)

Indemnification. All permit holders for bus shelters located within the city shall at all times assume all risks for the bus shelters and shall indemnify and hold harmless the city against all losses or damages resulting from or alleged to have resulted from the existence, maintenance or any other aspect of the bus shelters.

(Code 1977, §§ 9-3020, 9-3021; Ord. No. 1995-76, § 1, 11-28-95; Ord. No. 2001-22, § 1, 3-14-01)