The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use.
(A) Mandatory denial. Except in an emergency, no right-of-way will be granted:
(1) To any person required by § 91.06 to be registered who has not done so;
(2) To any person required by § 91.08 to file an annual report but has failed to do so;
(3) To any person who has failed within the past two years to comply, or is presently not in full compliance with the requirements of this chapter;
(4) To any person as to whom there exists grounds for the revocation of a permit under § 91.46; or
(5) (a) If, in the discretion of the city, the issuance of a permit for the particular date and/or time would cause a conflict or interfere with an exhibition, celebration, festival, or any other event.
(b) The city in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the right-of-way, and by considerations relating to the public health, safety, and welfare.
(B) Permissive denial.
(1) The city, may deny a permit to protect the public health, safety, and welfare; to prevent interference with the safety and convenience of ordinary travel over the right-of-way; or when necessary to protect the right-of-way and its users.
(2) The city in its discretion, may consider one or more of the following factors:
(a) The extent to which right-of-way space where the permit is sought is available;
(b) The competing demands for the particular space in the right-of-way;
(c) The availability of other locations in the right-of-way or in other rights-of-way that affect location of equipment in the right-of-way;
(d) The applicability of provisions of this code of ordinances or other regulations of the right-of-way that affect location of equipment in the right-of-way;
(e) The degree of compliance of the applicant with the terms and conditions of its franchise, this chapter, and other applicable provisions of this code of ordinances and regulations;
(f) The degree of disruption to surrounding neighborhoods and businesses that will result from the use of that part of the right-of-way;
(g) The condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction; and
(h) The balancing of the costs of disruption to the public and damage to the right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way.
(C) Discretionary issuance. Notwithstanding the provisions of division (A) above, the city may issue a permit in any case where the permit is necessary:
(1) To prevent substantial economic hardship to a customer of the permit applicant;
(2) To allow such customer to materially improve its utility service; and
(3) To allow a new economic development project, or otherwise required by law; and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when said applicant was required to submit its list of next year projects.
(D) Permits for additional next year projects. Notwithstanding the provisions of division (A) above, the city may issue a permit to a registrant who was allowed under § 91.40 to submit an additional next- year project, such permit to be subject to all conditions and requirements of law, including such conditions as may be imposed under § 91.42.
(2006 Code, § 14.43) (Ord. 137, 3rd Series, passed 4-7-2000)