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) Franchisee demonstrates that the increased economic burden and the potential adverse impact on franchisee's construction schedule resulting from the strict enforcement of the requirement actually or effectively prohibits the ability of franchisee to provide communications services in the city; and
(C) Franchisee demonstrates that the requirement unreasonably discriminates against franchisee in favor of another person.
(D) Any special exceptions shall be granted in a non-discriminatory manner.
(Ord. 4-2005, passed 5-19-05)