(A) The City Engineer may deny a permit or prohibit the use or occupancy of a specific portion of the ROW to protect the public health, safety or welfare, to prevent interference with the safety and convenience of ordinary travel over the ROW, or when necessary to protect the ROW and its users. The City Engineer, discretionarily, may consider all relevant factors including but not limited to:
(1) The extent to which the ROW space where the permit is sought is available;
(2) The competing demands for the particular space in the ROW;
(5) The degree of compliance of the applicant with the terms and conditions of its franchise, this Chapter, and other applicable ordinances and regulations;
(6) The degree of disruption to surrounding communities and businesses that will result from the use of that part of the ROW;
(8) Whether the issuance of a ROW permit for the particular dates or time requested would cause a conflict or interferes with an exhibition, celebration, festival, or any other event. In exercising this discretion, the City Engineer shall be guided by the safety and convenience of anticipated travel of the public over the ROW;
(9) Whether the application complies with the technical specifications; and
(1) Prevent substantial economic hardship to a user of the applicant’s service; or
(2) Allow such user to materially improve the service provided by the applicant.
(C) Any denial of a wireless communications antenna, tower or related facilities shall, in accordance with federal and state law, be made in writing and supported by substantial evidence contained in a written record issued contemporaneously with such decision.