929.03 APPEALS.

   In the event of the denial of a permit by any public official to construct any of the facilities set forth in Section 929.01 within the City, on, over or through public streets, ways or other public property of the City, solely by reason of the fact that such utility facility is not within a utility corridor, the applicant may appeal such denial to Council by written letter addressed to Council and mailed within ten days of receipt of the Notice of Denial. Council shall offer the applicant an opportunity to be heard upon the reasonableness of locating such facilities wholly or partially outside of an existing utility corridor. Thereafter, and within thirty days of such hearing, Council shall by majority vote:

   (a)    Deny the appeal if it finds that it is not unreasonable to require such facilities to be constructed within a utility corridor; or

   (b)    Approve the applicant's request to construct such facilities partially or wholly outside of a utility corridor, if:

      (1)    It is not feasible for the applicant to construct such facilities within a utility corridor; and

      (2)    The location, construction and operation of such facility outside of a utility corridor is in no way detrimental to the health, safety and welfare of the community and the residents thereof; and

      (3)    The location, construction and operation of such facility wholly or partially outside of a utility corridor does not adversely affect the orderly development of the community.

         (Ord. 91-1968. Passed 12-19-68.)