The city may grant a special exception to the requirements of this chapter if a franchisee, upon application, demonstrates with written evidence that:
(A) The exception will not create any threat to the public health, safety, or welfare;
(B) The increased economic burden and the potential adverse impact on the franchisee’s construction schedule, resulting from the strict enforcement of the requirement, would actually or effectively prohibit the ability of the franchisee to provide communications service in the city;
(C) The requirement unreasonably discriminates against the franchisee in favor of another comparable communications service provider; and
(D) Any special exceptions shall be granted in a nondiscriminatory manner.
(Ord. 4, Series 2020, passed 10-8-2020)