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A. Due to the limited size of the city’s right-of-way, the siting of a structure is subject to the city engineer’s instructions and the following requirements:

1. A structure that is a utility pole may be placed in a park strip.

2. Structures associated with existing utility poles may be installed:

a. Within the pole so that none of the structure protrudes from the pole except to the extent reasonably necessary to connect to power or a wireline.

b. On the pole such that the structure (i) is flush with the pole, (ii) is painted to reasonably match the color of the pole, (iii) does not exceed the width of the diameter of the pole by more than three inches on either side, (iv) does not have any part that extends more than eighteen inches from the pole, and (v) is flush with the grade or, alternatively, the lowest point of the structure is not lower than eight feet from the grade directly below the structure.

c. Underground in a park strip such that the structure is installed and maintained level with the surrounding grade.

3. Structures associated with a new utility pole may be installed in accordance with subsection (A)(2)(a) or (c) of this section.

4. Structures not associated with a utility pole must be installed in accordance with subsection (A)(2)(c) of this section.

B. The city engineer may grant an exemption to this requirement if the applicant demonstrates a compelling need that otherwise complies with the requirements of this chapter.

C. The city engineer may not provide an exemption to these requirements when there is insufficient room in the right-of-way to place structures at ground level and comply with ADA requirements, public safety concerns for pedestrians, cyclists, and motorists, or other articulable public safety concerns. (Ord. 2018-11 § 1 (Exh. A (part)))