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9.-5750 " Eugene Code <br /> 9.5800. <br /> (d) The citY may granta variance to the 75 foot height limitation ia me R- 1 <br /> zone to a maximum of 100 feet providing 'the applicant demonstrates that a <br /> transmission tower taller than 75 feet will directly ~limiaate the need for 1 <br /> or more additional transmission towers in an R-1 zone. <br /> (e). 'If the proposed transmission tower or ancillary facility requires site review <br /> or a conditional use permit, the request for variance shall be considered as <br /> part of the site review or c. onditional us~ permit process. If the proposed <br /> trahsmission tower or ancillary facility' is an outright permitted use, the <br /> request for a variance shall be processed pursuant to Type II application <br /> procedures beginning at EC 9.7.2.00 Oeneral Overview of Type Il <br /> Application Pmcedure~ except that the decision shall be based on the <br /> criteria in: this section. <br /> (10) Removal. Of Facilities. <br /> (a) All transmission toWers and antennas shall be removed by the person who <br /> constructed the facility, by the person who operates the facility, or by the <br /> property owner, within 6 months of the time that the facilities have ceased <br /> · being used to transmit, receive or relay voice and data signals to or from <br /> wireless communication devices. The city-manager may grant a 6-month <br /> extension where a written request has been filed, within the initial 6-month <br /> period, to reuse the tower or antennas. <br /> (b) If a transmission tower is located within an R-l, PL, C-1 or GO zone, the <br /> provisions of subparagraph (a) also shall apply to the tower substructure <br /> and all .above ground ancillary-facilities. <br /> · (c) The city may require the posting of an open ended bond before <br /> development permit issuance to insure removal of the transmission tower, <br /> substructure or antennas after the facility no longer is being used. <br /> (11) Fees. NOtwithstanding any other provision of this code, the city manager may <br /> require, as.part of application fees for building or land use permits for <br /> telecommuniCation facilities, an amount sufficient to recover all of the city's costs <br /> in retaining consultants to verify.statements made in conjunction with the permit <br /> application,, to the extent that verification requires telecommunications expertise. <br />(Section 9.5750, see chart at front of Chapter 9 for legislative history from 2/26/01 through <br />6/1/02.) <br /> <br /> IV-44 <br /> <br /> Eugene City Council Agenda page35 <br /> <br /> <br />