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public right -of -way described in subdivisions (1). (2) or (3l must <br />comply with the following: <br />(a) A network provider may not install a new node support <br />pole in a public right -of -way in a historic district pursuant <br />to subdivisions (1l of this section without a certificate of <br />appropriateness from the Paris Historic Preservation <br />Commission granted in accordance with the procedures set <br />forth in Article VII of Chapter 7. <br />(b) A network provider may not install a new node support <br />pole or collocate on a pole in a public right -of -way in a <br />residential area pursuant to subdivision (1). (2) or (3) of <br />this section without a variance granted in accordance with <br />the procedures set forth in the City of Paris Zoning <br />Ordinance No. 1710, Section 28.113 CQ and (d), except that <br />no fee shall be due, and also provided as follows: <br />(i) Variances allowed. The city council may only grant a <br />variance to the <br />a. Distance between poles: <br />b. Height of node support poles: <br />c. Number of nodes permitted on a sinele node <br />support pole: <br />d. Type of concealment: <br />e. Undergrounding requirements. <br />(ii) Criteria for approval for new node support pole. In <br />order for the city council to grant a variance, the <br />applicant must show that: <br />a. No location meeting the preferences in Section <br />12- 145(2) is technically feasible: <br />b. The granting of the variance will comport with <br />the purpose of this chapter. the Comprehensive <br />Future Land Use Plan, and will not be materially <br />detrimental to the adjacent property. <br />surrounding area, or to the public in general: and <br />c. The variance requested is the minimum variance <br />necessary to afford relief. <br />Page 13 of 25 <br />