§ 110-265. General exceptions.

The authority to approve additional exceptions not specifically set forth in this division shall be reserved to the city commission. The city commission shall hear and pass on applications, submitted by the utility entity involved or concerned, for additional or specific exceptions, the application to be accompanied by supporting evidence that one or more of the following conditions exist:

(1)

There will be no value in underground utility installations for purposes of esthetics or consistency because of the presence of existing overhead utility facilities in a substantial portion of the area within or surrounding the new addition or subdivision.

(2)

Underground construction would not be practicable or feasible due to the nature of the services to be rendered or required; the presence of existing, impeding underground drainage or sanitary sewers and structures, and impediments of like nature; or because of some other unusual circumstances.

(3)

The cost of the installations will be unduly burdensome or confiscatory when compared with the revenue which could reasonably be anticipated therefrom.

(Code 1988, § 19-179)