ORDINANCE NO. 59-97A

AN ORDINANCE AMENDING ORDINANCE NO. 54-89, THE CITY OF RIVERGROVE’S COMPREHENSIVE PLAN AND LAND DEVELOPMENT ORDINANCE

Submitted to the Rivergrove City Council on October 12, 1998

Adopted by the Rivergrove City Council on October 12, 1998

Signature
, Larry Barrett, Mayor
Date: 10-12-98

Signature
, Mike Collmeyer, City Recorder
Date: 10/12/98

ORDINANCE NO. 59-97A

BEFORE THE CITY COUNCIL OF THE CITY OF RIVERGROVE, OREGON

WHEREAS, the City of Rivergrove has adopted a Comprehensive Plan and Land Development Ordinance to guide and control its future development; and

WHEREAS, the preservation of the City’s character was and continues to be one of the primary goals of the City and its residents; and

WHEREAS, the current Land Development Ordinance lacks critical elements and provisions necessary to allow the City to guide and control its future development in a manner which will preserve the City’s character; and

WHEREAS, the current Metro Urban Growth Management Functional Plan does not anticipate nor require a minimum level of increased development and population growth within the City of Rivergrove; and

WHEREAS, the regional housing density and mix standards as stated in OAR 660-07-030 and sections (1), (2), and (3) of OAR 660-07-035 do not apply to the City of Rivergrove because it is a small developed city which had less than 50 acres of buildable land in 1977; and

WHEREAS, the Land Development Ordinance as amended will still provide for and allow substantial new development and population growth (restricted to some extent by the limited amount of buildable land inside the City – a matter not affected by these amendments);

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RIVERGROVE ORDAINS AS FOLLOWS: The Comprehensive Plan and the Land Development Ordinance are hereby amended as follows:

AMENDMENTS TO THE LAND DEVELOPMENT ORDINANCE

1. Section 5.010 is amended to read as follows:

Section 5.010. Land Use. All land within the city of Rivergrove is zoned residential. The minimum lot size within the Flood Hazard District is ½ acre. The minimum lot size outside the Flood Hazard District is 10,000 square feet.

2. Section 5.050 is amended to read as follows:

Section 5.050. Permitted Uses. The following developments are permitted. Uses not listed here are prohibited.

• (a) One single-family detached dwelling, including manufactured home, or one duplex, or one triplex residential unit per lot. All residential structures must have at least two of the following elements:
• (b) Secondary Dwelling Unit (defined as a residential unit either within the primary residence or above a garage up to 750 sq. ft. of floor area).
• (c) Area Accessory Development, subject to Sections 6.010 to 6.050 and accessory structures such as garages, carports, studios, pergolas, private workshops, play-houses, private greenhouses or other similar structures related to the dwelling in design, whether attached or not.
• (d) Cultivation of land and growing crops, subject to Section 2.040(5).
• (e) Residential homes and residential facilities as defined in ORS 443.400 and sited according to ORS 197.660 through 197.670.
• (f) Signs for the sale or rental of housing or land or for use by roadside vendors of fruit or produce, and signs stating the name of the owner or occupant of the property. No sign shall be artificially illuminated, permanent, or exceed 4 square feet in area or 4 feet on one side.
• (g) Special uses, such as government uses, parks, playgrounds or community centers, churches, schools, golf courses and use of similar nature as approved by the Commission.
• (h) Temporary structures provided they relate directly to the building or sale of land or houses, and provided that a temporary permit from the commission shall first be obtained for such structure. The permit shall expire automatically one year from the date of approval and may be extended no more than once.

1. the dwelling shall be placed on an excavated and backfilled foundation;
2. the dwelling shall have a pitched roof with a slope no less than three feet in height for each 12 feet in width;
3. the dwelling shall have an exterior thermal envelope meeting performance standards at or equivalent to those required of dwellings built under the state building code as defined in ORS 455.010;
4. the dwelling shall have a garage or carport built of the same materials as the main dwelling.

3. Section 3.020 is amended to read as follows:

Section 3.020. Membership. The Commission shall consist of five members who are not officials or employees of the City. The Mayor and President of the Council shall be entitled to sit with the Commission and take part in its deliberations, but shall not have any voting privileges.

AMENDMENTS TO THE COMPREHENSIVE PLAN

1. Regional Housing Objectives Amendment

The parenthetical expression in the last sentence of the Regional Housing Objectives section on page 24 of the Comprehensive Plan is amended to read: “(minimum of 10,000 sq.ft.)”

2. Methods and Zoning Tools Amendment

The parenthetical expression in item # 6 of the Methods and Zoning Tools to Meet Housing Needs section on page 26 of the Comprehensive Plan is amended to read: “(minimum of 10,000 sq. ft.)”

EMERGENCY CLAUSE

Because this ordinance is necessary to allow the City to guide and control its future development in a manner which will preserve the City’s character; and because this ordinance is necessary to guide and control its future development within the Flood Hazard District in a manner which protects the public health, safety and welfare of the citizens of Rivergrove; and in order to provide for a prompt transition in a reasonable time to the regulatory controls contained herein and to avoid a continuation of the current lack of regulatory controls in an area of such critical concern to the citizens of Rivergrove, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from the time of passage by the City Council.