§ 20-3-101. CLASSIFICATION OF PROPERTY FOR ASSESSMENTS OF BENEFITS FOR WATER AND SEWER INSTALLATIONS.

The classification of property for assessment of benefits for water and sewer installations under Subtitle 2 of this title shall be determined by the following rules:

AGRICULTURAL. All property, the greater part of which is used exclusively or solely for agricultural purposes and affording the principal occupation and income of one (1) or more individuals, shall be classified as "agricultural."

SMALL ACREAGE. Property not otherwise classified and not agricultural, as agricultural as hereinbefore defined, and not remote property, as herein defined, shall be classified as "small acreage."

INDUSTRIAL OR BUSINESS. Property used for trade, manufacturing, business, or any enterprise conducted for profit and not remote property, as herein defined, shall be classified as "industrial or business."

SUBDIVISION. Land platted into lots, blocks, or squares or land improved by dwelling structures used for a nonprofitable purpose and not remote property, as herein defined, shall be classified as "subdivision."

REMOTE PROPERTY. Property which the Director of Public Works shall determine, subject to the approval of the County Administrative Officer to be so far removed from or so situated in respect to existing water and sewer facilities that the cost of the installation of water and sewer pipes and mains thereon prohibits the construction thereof under the rates fixed and levied upon agricultural property, small acreage property, industrial or business property, or subdivision property. The classification of any property as "remote property" shall be established and fixed when a description thereof, by metes and bounds, shall be filed by the Director of Public Works of the metropolitan district marked "Remote Property Area No. ________" and final approval thereof is given by the County Administrative Officer.

No front foot benefit charge shall be levied against any agricultural property until such property is connected with the water pipe or sewer; provided, further, that when connected the length of the agricultural property to be assessed shall be limited to one hundred fifty (150) feet, and it is further ordered that any resolution, order, or ordinance heretofore passed by the county fixing or establishing any classification or classifications or any front foot benefit assessments for the installation of sewer or water that are inconsistent with the provisions of this resolution are hereby repealed to the extent of such inconsistency.

(1988 Code, § 35-2) (Bill No. 126, § 2, 9-28-1990; Bill No. 30-03, § 1, 7-1-2004)