(A) The city finds that:
(1) Extremely limited space exists in the public rights-of-way (PROW) that requires diligent responsible management, including, but not limited to, responsible and prudent siting policies;
(2) Protecting the public safety in and near the PROW is of paramount concern; and
(3) The facilities that use and occupy the PROW often pose significant concerns regarding the health, safety, public welfare, protecting the nature and character of the city and its neighborhoods and for the environmental effects of work and facilities in the PROW.
(B) The city recognizes that facilitating the development of the responsible policies regarding the use of the PROW can be an economic development asset to the city and of significant benefit to the city and its residents. To assure that the placement, construction and modification of facilities in the PROW are consistent and to the extent practicable for functionally similar users are not discriminatory, and that the regulations governing the use of the PROW are reasonable and balanced, the city adopts a single, comprehensive set of regulations governing the use and occupancy of the PROW.
(C) The intent of this chapter is to:
(1) Maximize the efficient use of the limited space of the PROW, minimize the physical impact of facilities on the PROW and adjacent properties;
(2) Minimize the impact of facilities on the community, including, but not limited to, the visual impact;
(3) Protect the nature and character of the community to the extent reasonably possible;
(4) Establish a fair and efficient process for the review of and action on applications;
(5) Facilitate the processing of applications to the extent practicable;
(6) Assure taxpayers’ money in the form of city funds is not used to subsidize application-related costs normally and traditionally borne by an applicant;
(7) Assure a prompt and efficient review of applications; and
(8) Determine any negative environmental impacts associated with the location, construction and modification of facilities located in the PROW; and protect the health, safety and welfare of the city, its residents and visitors.
(Ord. 2017-O-55, passed 9-12-2017)