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Published in 2021 by Order of the City Council

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CURRENT OFFICIALS

of the

CITY OF

MILLERSBURG, OREGON

AT THE TIME OF THIS PUBLICATION

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Jim Lepin

Mayor

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Scott Cowan

Dave Harms

Scott McPhee

John Sullivan

City Council

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Kevin Kreitman, EFO

City Manager

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Forrest Reid

City Attorney

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Kimberly Wollenburg

City Recorder

PREFACE

This Code constitutes a publication of the Development Code of the City of Millersburg, Oregon.

The source material used in the preparation of the Code is the Millersburg Development Code adopted October 13, 2020. Amendments to sections will appear in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is as it was the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 2020 Code, as supplemented, and any subsequent ordinance included herein.

The articles of this Code and the various sections within each article have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law is included, and a table listing the state law citations and setting forth their location within the Code is included at the back of this Code, if applicable.

Article and Section Numbering System

The article, chapter, and section numbering system used in this Code is the same system used in many state and local government codes. Each section number of a chapter within an article consists of three parts separated by a period. The figures before and after the first period refer to the chapter number, and the figure after the last figure refers to the position of the section within the chapter. Thus, the second section of chapter 1.01 is numbered 1.01.020, and the first section of chapter 3.03 is 3.03.010. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 2.10.030 and 2.10.040 is desired to be added, such new section would be numbered 2.10.035. New articles and chapters may be included in the same way.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of an article of the Code, the number to the left of the colon indicates the number of the article. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Tassy Spinks, Vice President of Supplements, and Jodi Hunt, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Kimberly Wollenburg for her cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Development Code which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Millersburg, Oregon. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Millersburg, Oregon.

© Copyrighted material.
Municipal Code Corporation and the City of Millersburg, Oregon. 2020.

ORDINANCE NO. 178-20

AN ORDINANCE REPEALING ALL ORDINANCES THAT COMPRISED THE LAND USE DEVELOPMENT CODE, REPLACING THEM WITH A NEW MILLERSBURG DEVELOPMENT CODE, ADOPTING A NEW ZONING MAP AND A NEW COMPREHENSIVE PLAN LAND USE MAP AND AMENDING THE COMPREHENSIVE PLAN

WHEREAS, the City of Millersburg, in an effort to provide for the welfare, safety, and health of the citizens of Millersburg, has previously adopted a local land use development code; and,

WHEREAS, following the City's incorporation in 1974, the City Development Code was adopted in 1976, and it was slightly revised in 2001; and,

WHEREAS, over time, the City has evolved, and the current Code no longer contains proper rules and regulations for the changing nature of the City, such as rural and urban regulations existing in the same zone, and imposition of limited commercial standards; and,

WHEREAS, the City's population exceeds 2,500, thus changing application to the City of some State of Oregon rules, regulations, and statutes; and,

WHEREAS, the City wishes to repeal the existing Land Use Development Code and associated ordinances and adopt in its entirety a new Development Code that accomplishes the goals and intents of applicable Oregon rules, regulations, statutes, the City's Comprehensive Plan, and accurately reflects and adopts best practices across the State; and,

WHEREAS, the City is transitioning from a one-map system for zoning and Comprehensive Plan Land Use Designations to a two-map system in order to allow greater flexibility for implementing development; and,

WHEREAS, the Comprehensive Plan has also been revised to assure consistency between the new Development Code and the Comprehensive Plan; and,

WHEREAS, the new Development Code will create more predictable outcomes through clear standards and fully comply with all State rules, regulations, and statutes; and,

WHEREAS, on September 2, 2020, the Millersburg Planning Commission recommended to the Millersburg City Council that the City Council approve the repeal of the current Land Use Development Code and adoption of the proposed Development Code, amendments to the Comprehensive Plan and Zoning Map, and the adoption of an all new Comprehensive Plan Map; and,

WHEREAS, the City convened a public open house on July 29, 2019, and conducted 16 Planning Commission workshops, all of which were open to the public; and,

WHEREAS, the City residents were notified on August 6, 2020, through a Measure 56 compliant notification process, the Department of Land Conservation and Development (DLCD) received notice on June 6, 2020, more than 35 days in advance of the Planning Commission hearing on September 2, 2020, and the County and all other required agencies received notice consistent with the Urban Planning Area Agreement (UPAA),

NOW, THEREFORE, THE PEOPLE OF THE CITY OF MILLERSBURG DO ORDAIN AS FOLLOWS:

Section 1: All of the following previously adopted ordinances that comprise the current Development Code are hereby repealed: 59, 74, 100, 102, 105, 121, 122, 146, 159, 170, and 171.

Section 2: The new Development Code as provided to the City Council on October 13, 2020 and reflecting all changes requested during the Planning Commission and City Council hearings, is hereby adopted and amended as shown in Exhibit A.

Section 3: The new zoning map, as provided to the City Council on October 13, 2020 and reflecting all changes requested during the Planning Commission and City Council hearings, is hereby adopted and amended as shown in Exhibit B.

Section 4: The amendments to the Comprehensive Plan to reflect changes required by the new Development Code, as provided to the City Council on October 13, 2020, and reflecting all changes requested during the Planning Commission and City Council hearings, are hereby adopted and amended as shown in Exhibit C.

Section 5: The new Comprehensive Plan Map, as provided to the City Council on October 13, 2020, and reflecting all changes requested during the Planning Commission and City Council hearings, is hereby adopted as shown in Exhibit D.

Section 6: A copy of this Ordinance shall be filed in the office of the City Recorder of the City of Millersburg, and these changes shall be made in the Millersburg Development Code and Comprehensive Plan.

Section 7: The effective date of this Ordinance shall be November 12, 2020.

Section 8: The City Council permits the City Recorder to correct any scrivener's errors in the Development Code and Comprehensive Plan without the need for a City Council action.

PASSED by the Council this 13^thday of October, 2020.

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Jim Lepin
Mayor

ATTEST:

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Kimberly Wollenburg
City Recorder