§ 59-3. Location criteria and safety standards.

(a)

Location restrictions.

(1)

Newspaper dispensers shall only be allowed on properties with, and public right-of-way adjacent to, the following zoning designations: R-3, O-1, OP, PUD, B-1, B-2, B-3C, FBC, B-4, B-5, SC, M-1, M-2, M-3, INST and GU.

(2)

No newspaper dispenser shall be placed, installed or maintained:

a.

Which projects onto, into, or over any part of the street.

b.

Within the 15-foot sight visibility triangle of intersecting streets, further defined in section 122-253 of this code.

c.

Within 15 feet:

1.

From the intersection of a street;

2.

From any marked midblock crosswalk;

3.

Of any fire hydrant or other emergency facility; or

4.

Of any sign marking a designated bus stop, measured along the edge of pavement.

d.

On or within two feet of traffic signs, utility poles, parking meter, United States Postal Service box, bench, light post, planter, or tree (measured from the nearest edge of the tree grate).

e.

Within a median, which is defined as a landscaped or paved island in the center of the public or private street.

f.

Facing another newspaper dispenser, divided by the width of a pedestrian walk (sidewalk or bike path).

g.

At any location whereby the clear space for the passageway of a wheelchair or pedestrian is reduced to less than four feet.

h.

At any location determined by the building official, the city engineer, the chief of police, or their authorized agents, that such placement is likely to cause unsafe parking or traffic circulation patterns;

i.

Located on any property within the Ocala Historic District.

(3)

Newspaper dispensers shall not be chained or otherwise attached to any tree, bench, sign post or other fixture or structure whatsoever. Newspaper racks and lock boxes may be secured to each other by vinyl coated cable.

(4)

Each rack, or group of newspaper racks, on public right-of-way, except for a modular newspaper rack, on any one side of a street shall be separated from any other rack, or group of newspaper racks (except a modular newspaper rack), on public right of way, by a minimum of 500 feet. Modular newspaper racks on public right-of-way on any one side of a street shall be separated from other modular newspaper racks on public right of way, by a minimum of 1,000 feet. The dual frontages of corner lots shall be deemed to be one side of a street for purposes of this measurement.

(5)

Each rack, or group of newspaper racks, on private property shall be separated from any other rack, or group of newspaper racks, on the same private property by a minimum of 500 feet.

(6)

The placement of all newspaper dispensers in the city shall comply with all local and state handicapped accessibility regulations.

(7)

All mounting and placement of newspaper dispensers shall comply with the adopted City of Ocala Traffic Engineering Standards.

(b)

Placement and installation.

(1)

Within a group of newspaper racks, no more than one newspaper rack containing the same issue or edition of the same publication shall be permitted, with the exception of modular newspaper racks as described section 59-3(b)(2). However, a distributor may locate newspaper racks in excess of this limitation by demonstrating a public need for the excess newspaper racks. A public need may be established by the following method, but such method is not exclusive. A distributor desiring to establish a public need may place an additional newspaper rack at the proposed location for a period of one month after providing notice to the city that it is doing so. If, during that one month test period, the average circulation from that newspaper rack equals or exceeds 75 percent of the capacity of the newspaper rack, then a public need is established and the additional newspaper rack may remain at the location.

(2)

Within modular newspaper racks, one publication may be placed in multiple dispensers but may not occupy more than 2/3 of the dispensers. However, a publication may occupy more than the foregoing space in the dispensers if the distributor demonstrates a public need therefor. A public need may be established by the following method, but such method is not exclusive. A distributor desiring to establish a public need for the same publication to occupy more than 2/3 of the dispensers may place the publication in additional dispensers for a period of one month after providing notice to the city that it is doing so. If during that one month test period, the average circulation for that publication equals or exceeds 75 percent of the capacity of the modular newspaper rack, then a public need is established and the publication may occupy such additional space in the dispensers.

(3)

Each newspaper dispenser shall be located level and placed on a concrete, masonry or similar solid surface, and shall be constructed, installed and maintained in a safe and secure condition.

(4)

Newspaper racks and lock boxes shall be located linearly side by side.

(5)

No group of newspaper racks shall contain: (a) more than three newspaper racks if located on public property, or (b) no more than six newspaper racks if located on private property.

(Ord. No. 2010-61, § 4, 8-17-10; Ord. No. 2018-42, § 7, 9-25-18)