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<br />riverbank, unless the location of the floodway boundary requires a greater separation. <br />There are four exceptions to this standard: <br /> <br />A. Structures designed solely for recreational use (e.g., a deck or steps leading to the <br />river) and driveways for boat landings and water-related or water-dependent uses <br />are permitted within the 35-foot setback. <br /> <br />B. Public improvements, including pedestrian and bicycle trials, public plazas, and <br />similar amenities, but excluding roads and parking areas, are exempt from the <br />setback requirements specified above. <br /> <br />c. Structures existing as of the date of adoption of this plan shall be allowed to <br />rebuild at the same distance from the river that they were before destruction by <br />fire, flood, or other disaster. <br /> <br />D. Replacement or expansion of the 1-5 Willamette River Bridge and its approaches. <br /> <br />Section 2. The findings of fact and conclusions of law supporting a "reasons" exception <br />to Statewide Planning Goal 15 and demonstrating compliance with OAR 660-004-0015, 660- <br />004-0020 and 660-004-0022(6) for placement of fill within 35 feet from the top of bank of the <br />Willamette River attached as Exhibit A and incorporated herein by this reference are adopted in <br />support of this Ordinance. <br /> <br />Section 3. The findings set forth in attached. Exhibit A and Exhibit B are adopted in <br />support of this Ordinance. <br /> <br />Section 4. If any section, subsection, sentence, clause, phrase or portion qf this <br />Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, <br />such portion shall be deemed a separate, distinct and independent provision and such holding <br />shall not affect the validity of the remaining portions thereof. <br /> <br />Section 5. Except as amended herein, all other provisions of the Willakenzie Area Plan <br />remain in full force and effect. <br /> <br />Passed by the City Council this <br /> <br />Approved by the Mayor this <br /> <br />2~UIY' 2008. <br /> <br />~~ <br /> <br />(),~~ I Recorder <br /> <br />3 I' day of July, 2008 <br /> <br />K( e~r; <br />Mayor <br /> <br />Ordinance - 2 <br />