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<br />457298v4 TJG NE136-8 <br />ORDINANCE NO. <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />AN ORDINANCE AMENDMENT <br />REVISING VARIOUS SECTIONS <br />OF CHAPTER 6, ARTICLE 7 <br />OF THE ZONING CODE TITLED <br />ENVIRONMENTAL CONSTRAINT OVERLAY AREA <br /> <br />THE CITY COUNCIL OF THE CITY OF NEW BRIGHTON ORDAINS that the New <br />Brighton Code of Ordinance is amended by amending City Zoning Code Chapter 6, <br />Article 7 by deleting the stricken material and adding the underlined material as follows: <br />Article 7. Environmental Constraint Overlay Area <br />(See Figure at End of Article) <br />Section 6-760. Purpose and Intent. <br /> <br />There are certain properties within the City with environmental constraints that were <br />created by past land uses. The City recognizes in these situations that conformance with <br />underlying zoning regulations may be difficult due to site characteristics that resulted <br />from those environmental issues and/or remediation efforts. Further, the City recognizes <br />that it may not be feasible to comply with underlying zoning designations due to these <br />environmental characteristics. <br /> <br />Rather than leave these sites dormant or allow them to persist as unsightly or <br />underutilized, the City wishes to provide a means to develop or use these properties that <br />is both practical and economical. The City recognizes that certain deviations from the <br />industrial district standards may be necessary for a viable use to develop and evolve so <br />that landowners are able to make good use of property. <br /> <br />It is the intent of the Environmental Constraint Overlay Area to provide the legislative <br />means to meet land use goals for these unique sites while also imposing such regulations <br />and limitations on the uses, or the accumulation of those uses, that may occur within the <br />area in order to ensure the adequate protection of the environment and the health, safety, <br />and welfare of the surrounding properties. <br /> <br />Section 76-770. Designation of the Environmental Constraint Overlay Area. <br /> <br />Property included in the Environmental Constraint Overlay Area is illustrated in Figure <br />A. <br /> <br />Requests for additional Pproperty may to be included by ordinance in the Environmental <br />Constraint Overlay Area may be considered by following the procedures set forth in <br />Section 8-320 to 8-350, provided the property meets the following requirements at the