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ORDINANCE NO. 61-98

AN ORDINANCE AMENDING ATTACHMENT C TO ORDINANCE NO. 54-89, THE CITY OF RIVERGROVE’S LAND DEVELOPMENT ORDINANCE

Adopted by the Planning Commission of the City of Rivergrove on April 6, 1998

Submitted to the Rivergrove City Council on April 13, 1998

Adopted by the Rivergrove City Council on April 13, 1998

Signature
, Larry Barrett, Mayor
Date: 4-13-98

Signature
, Mike Collmeyer, City Recorder
Date: 4/13/98

ORDINANCE NO. 61-98

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, ORS 197.175(2)(d) requires cities and counties to make land use decisions and limited land use decisions in compliance with their acknowledged comprehensive plans; and

WHEREAS, Rivergrove’s acknowledged Comprehensive Plan includes a policy which clearly states that the maximum density allowed within the 100-year Flood Plain is one (1) house per ½ acre; and

WHEREAS, ORS 197.195(1) requires cities and counties to incorporate comprehensive plan standards into their land use regulations if they desire to use the standard as a basis for making limited land use decisions; and

WHEREAS, the City of Rivergrove does desire to use the one (1) house per ½ acre density standard as a basis for making limited land use decisions; and

WHEREAS, the establishment of local procedures for taking legislative action(s) under the City’s Land Development Ordinance is within the City Council’s broad legislative authority and discretion;

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RIVERGROVE ORDAINS AS FOLLOWS: The Rivergrove Land Development Ordinance is hereby amended as follows:

1. Section 5.060 is amended to read as follows:

Section 5.060. Permitted Uses in the Flood Hazard District.

  • (a) Open spaces.
  • (b) Any use permitted otherwise, provided it is elevated above the regulation flood protection elevation and complies with the requirements of the City of Rivergrove Flood Damage Prevention Ordinance.
  • (c) The maximum density allowed within the Flood Hazard District is one (1) house (single-family dwelling) per ½ acre.

2. Section 6.226 is amended to read as follows:

Section 6.226. Procedure. Legislative action under this ordinance shall follow Type IV Procedure subject to the requirements of Sections 6.227 to 6.230.

EMERGENCY CLAUSE

Because this ordinance is necessary to allow the City to guide and control its future development in a manner consistent with its adopted Comprehensive Plan; and because this ordinance is necessary to guide and control 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.