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ORDINANCE 97- 9 CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 900.20 OF THE CITY OF ELK RIVER CODE OF ORDINANCES The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Code of Ordinances of the City of Elk River is hereby amended to read as follows: 900.20 General Regulations 16. Development Within the Urban Service Area Prior the Availability of City Water and Sewer The Urban Service Area is defined in the Elk River Comprehensive Plan as the area planned for development with city water and sewer services. As a prerequisite to applying for or receiving any building permit or planning application in all commercial, industrial and business park zoning districts within the urban service area, city municipal utilities (i.e., sewer and water) must be available for immediate hookup and/or available at the time of occupancy. The following are exceptions to the above stated requirements: A. Existing businesses (structures) located within the urban service area and not currently served or have the opportunity to hook up to city sewer and water, may apply to expand a principal structure; or add a second principal structure on the same parcel. In addition to all other city ordinances or regulations of the city, the following conditions shall apply to Jn expansion of an existing structure or construction of an additional principal structure on the same parcel: 1. An application for a conditional use permit must be submitted in accordance with the requirements set forth in the Zoning Ordinance. 2. Applicant enter into a developer's agreement stipulating the likelihood of the payment of future assessments for city sewer and water. 3. Applicant sign a waiver of rights to appeal future assessments for city sewer and water on the basis of: a o The permitted expansion or additional structure; or, s:\documentkordinancX900-20.doc