(A) The placement of new facilities and replacement of old facilities, either above ground or underground, shall be completed in conformity with applicable laws.
(B) The city shall have the power to prohibit or limit the placement of new or additional facilities within the rights-of-way if the right of way is full. In making such decisions, the city shall strive to the extent possible to accommodate all existing and potential users of the rights-of-way, but shall be guided primarily by considerations of the public health, safety, and welfare, the condition of the rights-of-way, the time of year, the protection of existing facilities in the rights-of-way, future city and county plans for public improvements, development projects which have been determined to be in the public interest, and the nondiscriminatory and competitively neutral treatment of providers.
(C) Upon the concurrence of the city, or if it is determined by the Right-of-Way Permittee and any appropriate local, state, or federal agency (or other entity with jurisdictional authority) that any existing poles in the rights-of-way are full, then those poles may be replaced with bigger and/or taller poles in order to accommodate additional facilities or systems only after the Right-of-Way Permittee has made reasonable attempts to reach an acceptable solution without replacement with bigger and/or taller poles. This division shall not apply to replacement of any existing pole(s) with identically sized pole(s) which results from the destruction of or hazardous condition of the existing pole(s) as long as no new facilities or additional facilities are attached.
(Ord. 24-2004, passed 12-20-04) Penalty, see § 52.999