6303-98 ORDINANCE NO. 6303-98
AN O'RDI ANCE- OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO TRANSIT SHELTERS AND>SIGNS;
AMENE II G SECTIONS -44.05, 44.52 AID 44.57, CODE OF
ORDINANCES; CREATING A NEW SECTION 41.181
I FLAT NG TO TRANS
SHELTERS; PROVIDING AN
EFFECTIVE DATE.
WHEREA S, t ie City of Clearwater has negotiated a settlement of certain liticyatior� `
between the City and' Eller Media, which settlement provides that the City will consider and
adopt en ordinance relating'to transit shelters and transit shelter signs, and
'WHEREA'S, the City of CleanArater ,has determined that the installation of bus
shelters in various lc�c:a#ions will fulfill a community need for the bus ridership and will
provide protection from the elements, security through illumination, comfortable seating and
ADA accessibility; and
WHEREAS, the settlement of the litigation will resuit in the removal of certain
billboards owned;by! Eller throughout the City of Clearwater; and
11 HEREAS, Ith'e City Commission has determined that it is in the best interests of the
citizens of Cle:erwa r to enter into such settlement end to enact this ordinance; now
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
Or CLEARWATER, FLORIDA:
Section 1. Se+„tion 44.05, Code of Ordinances, is`amend�ed to read.
See, 44.05 Definitiorus.
Ordinance No. 61303- 8
Bench means a beach upon which
a sign is drawn, painted, printed, or otherwise affixed thereto.'
�"ronsit shelter,° si means a sign affixed to a it--sit shelter which is err cted
pursuant to the re diroments of Section 41.1131.
Transit she iterMeans a structure desie ned to orovide Drotection from wind, sunk and
rain;'constructed in 6ornoliance with the requirements of Section 41.1131.
Section 22.1 Section 44.52, Code of Ordinances, is emended to read.
Section 4 .52. Pei°rriitted sign types.,
The following sign types shall be permitted in the various zoning districts:
i Si hs oln transit shelters, erected pursuant to she requirements Vf S®ctoorr
41.131,
Section 3. Section 44.; 7, Code of Ordinances, is amended to read:
Sec: 44. 7. Prohibited signs.
The followingi hypes of signs are prohibited:
(3) Benc signs Bids Ghe4et 4-sigma. This prohibition shall not be
construed to include the identification of the transit company or its route schedule,
(1:2) Signs located on publicly owned land or easements or inside street rights-of-
way, except signs required or erected by permission of the city manager or city commission,
sicrrts on transit shelters erected pursuant to Section 41.131 and sandwich board signs to
2 Ordinance- o. 63l03-
- the extent perrnitte in the core and eastern corridor subdistricts of the urban center district.
Prohibited signs; shall include but shall not be limited td handbills, posters, advertisements,
or notices that ;are lattached in any way upon lampposts, telephone poles, utili ty poles,
,
bridges, and sido9At1 liks.
Section 4. Article IV of;Chapter 41 Code of Ordinance is amended by cresting a
new vision 8 to r 1:
i ' I
Division 8. Transit Shelters
Section 41.181.1 'T, nsit Shelters.
{1) Purpg9se: The purpose of this section is to establish regale#ions ft�r the
i
placement of tratasi�:�Iehelter structures on public rights-of- ,ay and on private property.
( ' Applicability 1'°ransit shelters may be permitted only in accordance with the
standards contained in this section. avid`,ice of compliance with these standards shall be
required prior tci; the' issuance of a building'' permit and continued compliance with such
standards shall be required during the existence of the use.
i
( ) St ndairds: Transit shelters may be established in accordance with the
following standards
(a) , Sp;3 Inc . l�lo'shelter may be erected or maintained where in the reasonable
judgment of the City's traffic engineer it interferes with a traffic control device. T�ansit
shelters containing advertising shall'be located a minimum of 1,000 linear feet from another
transit shelter containing advertising measured along the same side of the right-of-way
unless approved for'locations by the City Manaiger pursuant to subsection (4) below.
(b) Location.
rs s ;
Ordinance No. 6303-98
1. "Transit shelters may, be permitted in any commercial, office, or
industrial zoning district; or PSTA routes adjacent to hospitals, schoo. . .or
other permitted non-residential uses in multifamily residential zoning districts.
ll transit ; shelters with <advertising shall be permitted in single-family
residential zoning districts.
2. Transit shelters shall not be placed on rights-of-way less than
110 feet wide and shall not be placed in a location which interferes with any
traffic control dlevice.
l
3. Transit shelters may, only be erected at approved bus stops can
PST , routes.
, In order for transit shelters -to be placed on private property, a
letter of 'authorization from the property owner must be included with the
application to lho City l`. otification must also be received''from the PSTA that
a shelter is neieck?d and is appropriate in a particular proposed location where
adequate publlic right-of way does not exist,
(c) Signs on transit shelters. Signs are permitted on transit shelters subjeclt to
the following restrictiarns: j
1. The advertising contained in the transit shelter shall be limited �
I
r
to "dowunstreai°n„ end wall (furthest from approaching transit vehicles) for a I
two-sided o-sided" or a red and secured panel. In no case shall advertising be
displayed on the end>wall closest to the approaching transit vehicle.
Lighting of advertising material shall be limited to backlighting.
4 dinance Flo. 6303-98
- 3. No advertising poster shall exceed twenty-four square feet in
area, or be greater than six feet in height and four feet in width.
4. The total number of transit shelters containing advertising shall
not exceedi 50 within the Clearwater planning area provided in-the interlocal
agreement between the City and the County in effect as of the date of
adoption of,thiis ordinance.
(d) Design;. Shelter design and specifications shall meet the requirements and
be approved by the 'PSTA. Contractor .shall be responsible for adhering to the southern
building and electrical code standards for shelter design, construction and installation.
PSTA arid the City slhall be entitled to inspect the work and enforce these standards.
Materials shall be chosen for ruggedness and ability to withstand vandalism and
weathering. Shelters will be ' maintained by contractor in accordance with P$TA
specifications. Transit shelters shall meet the;follow ng minimum design specifications: a
Transit shelters shall be not less than seven feet high (interior),
no more than 1110 feet high (exterior, and shall have a minimum of two wall
panels.
2. Shelters shall provide protection from wind, sun and rain.
3 Shelters shall offer see-through visibility, except for the sign
panels;
4. Access to shelters shall be provided at least through the front,
the right-of-way-side of the shelter.
5. Shelters shall meet all ADA requirements with wheelchair
space within the shelter and access to the interior of the shelter through at
5 Ordinance No. 6303-93,
least a thirty inch (30") wide opening, and shall not obstruct a wheelchair user
boarding or alighting from are accessible vehicle.
81 Shelters shall have seating that accommodates a minimum of
four (4) people unless smaller shelter is approved by PSTA. Seats shall be
not less than sixteen inches nor more than twenty-four inches',high,
7. Shelters shall contain a panel four feet wide by three feet high,
in order to accommodate transit information, a route map, and other schedule
information.
8, Shelters shall be constructed of material designed to withstand
vandalisOl and weathering, such as extruded aluminum with anodized finish.
�J. Transparent vertical panels shall be composed of a minimum �✓�
inch tempered glass except that the sign panel may be 3116 inch, tempered
glass. Hggh� impact strength polyearbon may be substituted for the ternlpered
glass.
10. Materials and design shall conform to City and State building;
code specifications and shall be able to withstand 120 mile per hour wind
loads
11 concrete pad which is a minimum of eight feet long by four'
feet wide alliall be provided at each shelter.
12. Where the transit shelter is erected within an area designated
by a corridor plan adopted by the City, the City may rewire that the 'shelter
comply with special design criteria.
Ordinance No. 83133
I
(e) Shelters shall include a trash receptacle which shall be secured in a manner
which ensures that the receptacle will not become a nuisance. Shelters may be equipped
with a telephone.
(f) Utilities. If transit shelters are erected on public right-of may over
underground public u ility Hines, then the City shall have the .right of access to the
underground public utilities in and under the transit shelters to irepair any damage to the
utilities. The owner of the transit shelter shall be responsible for repairing and replacing the
transit shelters if the City damages them in connection with repairing underground utilities
Except in ernergency situations, the City shall notify the owner of the transit shelter prior'to
commencing repair activities.
(q)
The: city rpanager may authorize the placement of transit shelters with
advertising closer than 1 C)OO linear feet from another transit shelter with advertising in the
following instances.
(a) Where two '(2) or more PSTA routes, follow the.same right-o#way and transit
shelters are required by PST'A on the same side of the right-of-Way; or
(b) inhere the Itr,ansit shelter is erected as a part of and in accordance 'with the
re,quirements of a corridor plan adopted by the City, including, without limitation, any special
design criteria adopted as part of the corridor plan; or
(c); Where the p117TA notifies the City that more than one (1) transit shelter is
desired along the same P TA route less than 1,000 feet from another transit shelter erected
pursuant to this ordinance because of ridership or use demands, the close proximity of
PSTA routes, requests,from riders or other similar reasons. If a transit shelter its authorized
by the city manager pursuant to this subsection, there shall be a minimum of 500 linear feet
7 Ordinance No. 63013-9
w, between transit shelters containing advertising and no more than three (3) transit shelters'-.,
containing advertising in any 2,000 foot linear segment measured from the two (2) transit
shelters located the:greatest distance from each other:
Section 55. This ordinance shall take effect upon entry of'orders dismissing with
prejudice all pending litigation to wit: Patrick !Media Croup, Inc. v. City of Clearwater, Circuit
Civil Case Flo. 93-174-01-21; Patrick Media Group, Inc. v City of Clearwater, United Stator
District Cote Case Flo. c93-103-C11f-T-17B; Patrick Media Croup, Inc. v. City of Clearwater,
Circuit Civil No. 9167660,22-ICI-15; Patrick'Media Group, Inc., M. Lenore Holcombe, engi2
Gocken, and William and Mary Moran v Municipal;Code' Enforcement Board of the iCity of
Clearwater, Florida; C,ircuit Civil Case Nay. 95-4654-Ci-38A, Patrick Media Group and Wass
,Associates/Homrquist Property Management, Inc. v !Municipal;Code Enforcement Board of
the City of Clearwater,, 11lorida, Circuit Civil Case No. 96-3193-C1-88A.
Jul 36, 1998
PASSED ON FIRST READING �'
PASSED ON S C'>OND AND P!l`�AL .fit 6, 1998,
READING AND ADOPTED AS AMENDED
ld,4
rta arvey,
hA yor-Coma loner
Approved as to form: }fittest:
Pamela K. A(in, City Attorney roy i E. Loud u, City Cler
3 Ordinance No. 6303-98