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.---,, 9..5750 Eugene Code <br /> -~ 9.5800 <br /> (d) The city may grant a variance to the 75 foot height limitation in the 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 ~liminate 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_ondifional us~ permit process, If the proposed <br /> trahsmission tower or ancillary facility' is an outright penm'tted use, the <br /> · request for a variance shah be processed pursuant to Type II application <br /> procedures beginning at EC 9.7200 General Overview of Type Il <br /> Application Procedures 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 />i' ~, (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 o.ther 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, statementsmade 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 />