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• ORDINANCE 01 - CITY OF ELK RIVER AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF TOWNHOME DEVELOPMENTS WITHIN THE CITY OF ELK RIVER CASE NO. 01-05 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Purpose: Due to an increased market interest in the establishment and construction of townhome developments the City's current ordinance provisions regulating townhome developments is obsolete and requires a re-write. It is anticipated that the process to re-write the current ordinance will take approximately 6 months. Section 2. Findings: The City Council of the City of Elk River finds that it is necessary in order to protect the integrity of the City's zoning ordinance, the balance of housing types in the City, and the health, safety and welfare of the citizens of Elk River, to declare a moratorium on the approval of townhome developments within the City of Elk River until the City has completed the process of updating the City's Zoning ordinance provisions regulating townhome IIIdevelopments. Section 3. Definition: Townhome developments shall mean any project including one or more of the following items: with a density of more than four units per acre, buildings containing dwelling units with common walls, open space held in common ownership, private streets, or dwelling units organized in an association as allowed under Minnesota Statue 515b. Section 4. Moratorium Declared: During the term of this ordinance and any extensions thereof, a moratorium is hereby imposed within the City of Elk River on the approval of townhome developments within the City of Elk River. During the term of this moratorium, the City will not accept an application for or consider any approval required by the Zoning Ordinance for the development of townhome developments. This moratorium does not apply to townhome developments which have been approved or for which application has been made prior to April 16, 2001. Section 5. Waiver of Restrictions: In cases of hardship, any person having a legal or equitable interest in land and aggrieved by the requirements of an interim ordinance may apply to the City Council for a waiver of all or a portion of the applicable restrictions. A waiver may be granted where the City Council finds substantial hardship caused by the restrictions and finds that the waiver will not unduly affect the integrity of the planning process or the purposes for which the interim ordinance is enacted. • S:\PLANNING\ORDINANC\OA01-05.DOC