(a) Variance. Upon application of a Service Provider, the Planning Commission shall hear and decide requests for a variance from a requirement, or requirements, of this Chapter. In determining the merits of an application for a variance, the Planning Commission shall consider all relevant factors including, but not limited to, the purpose of the requirement from which a variance is requested, whether the requirement is necessary or appropriate to protect the interests of the City, the health safety and welfare of the City’s residents, the purposes and intent of this Chapter and the extent of the hardship the Service Provider will bear if the Planning Commission does not grant the requested variance. The Planning Commission shall issue a written decision setting forth its reasons for granting or denying the variance.
(b) Preemption by State and Federal Law. Except as may be preempted by applicable State or Federal laws, rates, regulations, and orders, this Chapter shall apply and be controlling over each Service Provider with Facilities in the Rights-of-Way.
(c) Exemption for City-Owned or Operated Facilities. Except as otherwise required by law, nothing in this Chapter shall be construed to apply the provisions of this Chapter to Facilities owned or operated by the City or any of its operations.
(d) Private Facilities. Persons who wish to use the Right-of-Way of the City for Facilities that provide service not available to the general public shall obtain consent from the City pursuant to Section 901.02, register pursuant to Section 901.03, obtain a Construction Permit (if applicable) pursuant to Section 901.07 and comply with all provisions of this Chapter.
(e) Application to Existing Code Provisions. In the event of a direct conflict between any provision of this Chapter and any other section of the City’s Codified Ordinances, the provisions of this Chapter shall apply.
(f) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Chapter, or its application to any Person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, that decision shall not affect the validity of the remaining portions hereof.
(g) Remedies. Nothing in this Chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Chapter.
(Ord. 89-2007. Passed 11-13-07.)