(a) Location. No newspaper dispensing device shall be installed, placed or maintained:
(1) in such manner as to rest, in whole or in part, in, on or over any portion of a roadway;
(2) in One-Family, Two-Family or Multi- Family districts of the City except in the vicinity of public bus stops and public bus shelters in accordance with the following:
A. where there is a concrete pad underlying a public bus stop which has no shelter, a newspaper dispensing device or devices may be placed within two (2) feet of that edge of the concrete pad which is perpendicular to the curb edge of the roadway and furthest forward in the direction of traffic on the street (the “leading edge”). In the event that a bus company installs a concrete pad at a public bus stop where there is no shelter and subsequently makes application to the City to install a shelter upon that pad, any permit which has been issued for a newspaper dispensing device which is located upon that pad and which will not comply with the distance requirements contained in division (a)(2)B. of this section after installation of the shelter shall terminate upon notice from the City that the City has issued to the bus company a permit to erect a shelter;
B. where there is a concrete pad underlying a shelter at a public bus stop, a newspaper dispensing device or devices may be placed within two (2) feet of the leading edge of the concrete pad, provided that such placement will result in a clear space of five (5) feet along the entire width of the pad between the shelter and the newspaper dispensing device or devices;
C. The requirement set forth in division (a)(12) of this section shall not apply to any newspaper dispensing device which is in compliance with division (a)(2)A. or (a)(2)B. of this section;
D. Notwithstanding the provisions at the end of this division (a), a newspaper dispensing device which is in compliance with division (a)(2)A. or (a)(2)B. of this section may be placed more than thirty- six (36) inches from the curb edge of the roadway;
(3) within five (5) feet of any crosswalk; provided that in cases where there is a handicapped ramp to the street adjacent to a crosswalk, the five (5) feet required by this division shall be measured from the edge of the handicapped ramp that is furthest from the crosswalk;
(4) within five (5) feet of any fire hydrant, fire call box or police call box;
(5) within five (5) feet of any driveway;
(6) except in One-Family, Two-Family, or Multi-Family Districts:
A. where there is no bus shelter at a bus stop, within forty (40) feet back of a sign identifying a particular bus company or bus route number and marking a designated bus stop;
B. where there is a bus shelter at a bus stop, within five (5) feet forward and forty (40) feet back of the end of the shelter that is closest to the sign identifying a particular bus company or bus route number and marking a designated bus stop;
(7) within three (3) feet of any traffic sign;
(8) within three (3) feet of any public utility pole, provided further that placement adjacent to a public utility pole shall be limited to one (1) side of the pole;
(9) within that portion of the sidewalk parallel to an area designated for handicapped parking, a taxi stand or a commercial loading or unloading zone;
(10) within the entire width of the area that is included in the prolongation, projected to the curb or the edge of the traversable roadway, or any primary entrance of a building; provided that for purposes of this division, a “primary entrance” is a building entrance with more than one (1) multi-leafed door;
(11) within three hundred (300) feet of any other newspaper dispensing device on the same side of the street in the same block which contains the same issue or edition of the same newspaper periodical or other publication;
(12) within three (3) feet of any public area improved with lawn, flowers, shrubs, trees, tree wells or tree grates;
(13) on a manhole cover, pull box or any other area of access to underground utilities;
(14) on either side of East 6th Street between Euclid Avenue and Superior Avenue and on either side of East 9th Street between Prospect Avenue and Lakeside Avenue, where the continuous, undivided space for the passageway of pedestrians is reduced to less than twelve (12) feet, and in all other areas, where the continuous, undivided space for the passageway of pedestrians is reduced to less than six (6) feet; and
(15) in a manner that unreasonably blocks, obstructs or restricts the free passage of pedestrians in the lawful use of the sidewalk.
In the Central Business District, except as noted below, newspaper dispensing devices shall not be permitted to be located alone and shall be placed in a group of newspaper dispensing devices adjacent to each other provided that no more than six (6) newspaper dispensing devices are adjacent to each other. For purposes of this provision, “adjacent” means flush against each other. If there is no group of newspaper dispensing devices within three hundred (300) feet of a proposed location for a single newspaper dispensing device, then that single device may stand alone subject to all other location restrictions. The prohibition on the location of single newspaper dispensing devices also shall not apply if the proposed single newspaper dispensing device is on the opposite side of the street or on a different block from the group. No group of newspaper dispensing devices shall be placed within fifty (50) feet of any other group of newspaper dispensing devices or single newspaper dispensing device. If an owner proposes a location in the Central Business District in which that owners’ newspaper dispensing device would be standing alone, the Director shall notify that owner of the nearest group of dispensing devices.
Outside of the Central Business District, newspaper dispensing devices may be placed adjacent to each other provided that no more than four (4) newspaper dispensing devices are adjacent to each other. For purposes of this provision, “adjacent” means flush against each other. No group of newspaper dispensing devices shall be placed within fifty (50) feet of any other group of newspaper dispensing devices.
When a person requests the placement of a newspaper dispensing device outside of the Central Business District, the Director must send notice of such request to the councilmember of the ward in which the requested newspaper dispensing box is to be placed.
Newspaper dispensing devices shall be placed parallel to a curb, shall face away from the roadway and shall be placed no less than twenty-four (24) inches and no further than thirty-six (36) inches from the curb edge of the roadway.
(b) Installation; Removal. Newspaper dispensing devices shall be anchored to the sidewalk by a method approved by the Director of Capital Projects and shall not be cabled or chained or otherwise attached to any object or building except to any other newspaper dispensing devices. Upon removal of a newspaper dispensing device, the owner of such device shall be responsible for repairing any damage to the sidewalk caused by the installation or placement of such device. The extent of the repairs to the sidewalk shall be determined by the Director, provided that any such determination may be appealed to and reviewed by the Board of Zoning Appeals in accordance with the requirements contained in Section 680.06.
(c) Size; Color; Maintenance. Except as may be temporarily permitted under Section 680.051, all newspaper dispensing devices shall:
(1) not exceed fifty (50) inches in height, twenty (20) inches in width or twenty (20) inches in depth;
(2) be white in color and be of one (1) of the two (2) designs which have been approved and are on file with the City Planning Commission, one (1) of which shall be a size which accommodates full sheet publications (the “full sheet device”) and one (1) of which shall be a size which accommodates tabloid publications (the “tabloid device”);
(3) have a functioning coin return mechanism if a fee is charged;
(4) have affixed in a readily visible place a permit sticker and a notice setting forth the title, address and telephone number of a responsible officer or agent of the owner to contact to report a malfunction of the coin return mechanism;
(5) be maintained in a properly functioning, clean, neat and attractive condition, free of rust;
(6) not be used for advertising, signs or publicity purposes other than for the display, sale or purchase of the newspaper, periodical or publication therein; and
(7) not be stacked one on top of another.
(d) Identification Signs.
(1) The name of the publication using either the full sheet device or the tabloid device may be displayed within an area that is fifteen (15) inches in width and twelve (12) inches in height on the rear of the device. The letter size in this area shall not be larger than four (4) inches, the font shall be Univers and the color shall be PMS 300, a.k.a. Blue Scotchlite Ink 883, or its equivalent.
(2) On the front of the full sheet device, the name of the publication using the device may be displayed within an area that is fifteen (15) inches in width and twelve (12) inches in height. On the front of a tabloid device, the name of the publication using the device may be displayed within an area that is twelve and one-half (12-1/2) inches in width and eleven (11) inches in height. On either the full sheet device or the tabloid device, this area shall be called the “frontal area”.
(3) The frontal area of any device may be configured as a slip panel to accommodate changeable advertising related only to the publication or its non-commercial contents.
(4) No publication may display its name or any other materials on the sides of the device.
(e) The City Planning Commission shall create a special district for newspaper dispensing devices on Public Square because of the unique pedestrian and vehicular traffic patterns thereon. The Commission’s resolution effecting the creation of such district shall specify the design or designs of newspaper dispensing devices within the district and the locations within the district upon which newspaper dispensing devices may be located, notwithstanding any other provisions of this section to the contrary. In determining the specific locations of newspaper dispensing devices within the district, the City Planning Commission shall apply standards that are no more restrictive, and may be less restrictive, than the provisions of division (a) of this section. The provisions of this section shall apply to all newspaper dispensing devices on Public Square. For purposes of this division, “Public Square” means the four (4) quadrants of Public Square and the sidewalks on either side of the roadways that bound and that intersect said quadrants.
(f) (1) Notwithstanding anything to the contrary contained in division (a)(2)B., (a)(6)B., (c)(1), (c)(2) or (c)(7) of this section, newspaper dispensing devices may be installed, placed, and maintained directly adjacent to and flush against that side of a public bus shelter which is perpendicular to the curb edge of the roadway and furthest forward in the direction of traffic on the street (the “downstream side”); provided, however, that if more than one (1) owner desires to install a device at any one (1) public bus shelter, only multiple-dispensing-device modular units may be installed, placed, and maintained at such location. No modular unit shall be installed unless and until the City Planning Commission has approved the design thereof. Where more than one (1) newspaper dispensing device is located in the vicinity of the downstream side of a public bus shelter as of January 1, 1991, said devices may be moved adjacent to the downstream side of the shelter until such time as the City Planning Commission approves the design of a modular unit for that location. Owners installing modular units shall be responsible for their maintenance and shall purchase such units on terms and conditions upon which said owners mutually agree. Newspaper dispensing devices or modular units installed and maintained directly adjacent to the downstream side of public bus shelters may be placed so that the front of the device is perpendicular to or at an angle to the roadway; so long as such device or modular unit is placed adjacent to the downstream side of the shelter.
(2) If a bus company presents to the City Planning Commission a bus shelter design which incorporates newspaper dispensing devices or a modular frame therefor into the bus shelter, and if the City Planning Commission approves said design, the following shall not apply to any newspaper dispensing device which is incorporated into any such bus shelter or inserted into any such modular frame, provided that the bus shelter is installed pursuant to a permit duly issued by the City:
A. the weight requirements contained in division (d)(2) of Section 680.03;
B. the distance requirements contained in divisions (a)(2)B., (a)(6)B., and (a)(12) of this section; and
C. the design requirements contained in divisions (c)(1), (c)(2), and (c)(7) of this section.
(g) Subject to the provisions of the following sentences in this division and notwithstanding anything to the contrary contained in divisions (a)(2)A. or (a)(2)B. of this section, if a newspaper dispensing device is in place on a concrete pad at a public bus stop or public bus shelter in a One-, Two-, or Multi-Family District as of January 1, 1991, and if said device would otherwise not be permitted to remain at such location because the concrete pad is of insufficient size to accommodate the placement of such device in accordance with the provisions of divisions (a)(2)A. or (a)(2)B. of this section, said device may remain at the location it occupied as of January 1, 1991 until such time as the concrete pad underlying such public stop or public bus shelter is extended by the bus company and the pad is of sufficient size to accommodate the placement of such device. Any newspaper dispensing device that is permitted to remain at a public bus stop or public bus shelter as a result of the provisions of this division shall be removed by its owner if a public bus company installs a shelter on the concrete pad underlying a public bus stop or enlarges an existing shelter unless:
(1) the bus company enlarges the concrete pad underlying the public bus stop or bus shelter sufficiently to accommodate placement of the device in accordance with division (a)(2)A. or (a)(2)B. of this section; or
(2) the owner of the device extends the bus company’s concrete pad sufficiently to accommodate placement of the device in accordance with division (a)(2)A. or (a)(2)B. of this section. In the event that the owner installs such an extension:
A. the owner shall be responsible for maintaining the extension of the concrete pad; and
B. if the owner removes the device, the owner shall promptly:
1. remove the extension of the concrete pad and restore the property underlying said extension to its condition prior to the installation of the extension; or
2. transfer its interest in the extension of the concrete pad to another owner on terms and conditions upon which the two (2) owners mutually agree; or
3. transfer its interest in the extension of the concrete pad to the public bus company on terms and conditions upon which the owner and the public bus company mutually agree;
provided that the Directors of Capital Projects and City Planning may, in their sole discretion, permit such concrete pad to remain in place, absent a transfer of interest pursuant to paragraph (2)B.2. or (2)B.3. of this division, upon such terms and conditions as said Directors mutually agree.
(h) Subject to the provisions of the following sentences in this division and notwithstanding anything to the contrary contained in divisions (a)(6) or (a)(12) of this section, if a newspaper dispensing device is in place on a concrete pad at a public bus stop or public bus shelter outside of the Central Business District as of January 1, 1991, and if such device would otherwise not be permitted to remain in the vicinity because a relocation of said device in order to comply with the distance requirements of this section would result in the placement of said device at a prohibited location, said device may remain at the location it occupied as of January 1, 1991. Any newspaper dispensing device that is permitted to remain at a public bus stop or public bus shelter as a result of the provisions of this division shall be removed by its owner if a public bus company installs a shelter on the concrete pad underlying a public bus stop or enlarges an existing shelter unless:
(1) the bus company enlarges the concrete pad underlying the public bus stop or bus shelter sufficiently to accommodate placement of the device in accordance with division (a)(2)A. or (a)(2)B. of this section; or
(2) the owner of the device extends the bus company's concrete pad sufficiently to accommodate placement of the device in accordance with division (a)(2)A. or (a)(2)B. of this section. In the event that the owner installs such an extension:
A. the owner shall be responsible for maintaining the extension of the concrete pad; and
B. if the owner removes the device, the owner shall promptly:
1. remove the extension of the concrete pad and restore the property underlying said extension to its condition prior to the installation of the extension; or
2. transfer its interest in the extension of the concrete pad to another owner on terms and conditions upon which the two (2) owners mutually agree; or
3. transfer its interest in the extension of the concrete pad to the public bus company on terms and conditions upon which the owner and the public bus company mutually agree;
provided that the Directors of Capital Projects and City Planning may, in their sole discretion, permit such concrete pad to remain in place, absent a transfer of interest pursuant to paragraph (2)B.2. or (2)B.3. of this division, upon such terms and conditions as said Directors mutually agree.
(i) Notwithstanding anything to the contrary contained in division (a)(6)A. or (a)(8) of this section, any newspaper dispensing device that is in place at a public bus stop and at least six (6) inches forward of a bus company sign which is located on a utility pole as of January 1, 1991, but that would not be permitted to remain at such location because of the requirements of division (a)(8) of this section, may remain at such location until such time as the bus sign is moved so as to allow sufficient space for the newspaper dispensing device to be located forward of the sign without violating any provision of this section; and, other than on Euclid Avenue, any newspaper dispensing device that is in place more than eight (8) feet back of a bus company sign at a public bus stop as of January 1, 1991 may remain at such location until such time as the bus sign is moved so as to allow sufficient space for the newspaper dispensing device to be located forward of the sign without violating any provision of this section.
(Ord. No. 407-12. Passed 3-26-12, eff. 3-29-12)