HomeMy WebLinkAbout1979-14 09-24 CCO CITY OF BROOKLYN CENTER
ORDINANCE NO. 79 -14
AN ORDINANCE REQUIRING THE ABATEMENT AND DISCONTINUANCE
OF THE MANUFACTURE OF CHEMICAL FERTILIZERS IN INDUSTRIAL
AREAS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Findings:
1. The City Council finds that the manufacture of chemical
fertilizers has been prohibited in industrial zones within the City,
including the industrial zone occupied by the Howe, Inc. Fertilizer
Plant since November 5, 1957;
2. The City Council finds that Howe, Inc. continues to manu-
facture such chemical fertilizers under presently existing Nonconforming
Use provisions of the Brooklyn Center Zoning Ordinance;
3. The City Council finds that such manufacture of chemical
fertilizers at the site occupied by Howe, Inc. substantially deprives adjacent
residential property owners of the use and enjoyment of their property as
evidenced by numerous studies conducted by state and local government,
voluminous testimony at public meetings, and by the personal investigation of
city staff members and City Council members;
4. The City Council finds that the Brooklyn Center Comprehensive
Plan was adopted on the 7th day of November, 1966 and the said Comprehensive
Plan recommends the relocation of the Howe, Inc. Fertilizer Plant as a goal
of community development because of its incompatibility with surrounding
residential neighborhoods;
5. The City Council finds that a period of 25 years is a
sufficient time for Howe, Inc. to amortize its investment in that portion of
its plant and equipment used for the manufacture of chemical fertilizers.
Section 2. Section 35 -111 of the Zoning Ordinance of the City of
Brooklyn Center is amended by the addition of the following:
7. The foregoing Nonconforming Use provisions notwithstanding,
the manufacture of chemical fertilizer within the I -2 Zoning District, and
upon the site of the Howe, Inc. Fertilizer Plant located at 4821 Xerxes Avenue
North and legally described on Exhibit A attached hereto and made a part hereof
by reference, shall be abated and discontinued on or before November 5, 1982,
provided however, that any such manufacture of chemical fertilizers which
constitutes a nuisance under the Common Law, under Minnesota Statutes 561.01
or under Section 19.101 of Brooklyn Center Ordinances shall be immediately
abated and discontinued.
ORDINANCE NO. 79_14
Section 3. This ordinance shall become effective after adoption
and upon thirty (30) days following its legal publication.
Adopted this 24th day of September 1979.
Mayor
v G
ATTEST:
Clerk
Date of Publication September 6, 1979
Effective Date October 6, 1979
(Underline indicates new matter.)