§ 74-127. Location restrictions.

(a)

Utility structures shall be permitted in any zoning district, but must be constructed within the right-of-way or within a utility easement (except for drop lines to residences and businesses), unless the utility provider owns the real property in fee.

(b)

The community development director may, in his reasonable discretion, designate certain locations to be excluded from the location of additional utility structures, including but not limited to, historic or scenic locations, or where additional utility structures are deemed unsuitable due to engineering, technological, proprietary, legal, public health, safety or welfare concerns; provided, that such discretion shall be in accordance with any applicable statutory provisions. The city will cooperate in good faith with the utility provider to attempt to find suitable alterative locations; provided, the city shall not be required to incur financial costs or to acquire new locations for the utility provider.

(Ord. No. 54, art. 3, § 3-502(B), (C), 12-4-1958)