AN ORDINANCE AMENDING THE ZONING REGULATIONS IN THE MUNICIPAL CODE OF THE CITY OF WHITE BEAR LAKE REGARDING NOTICE AND VOTING REQUIREMENTS

The Council of the City of White Bear Lake does ordain:

ARTICLE I.  Amendments.  Article XIII, Section 1301.040, Subd. 1(b) & (m) of the Municipal Code of the City of White Bear Lake is hereby amended as follows:

b)       Upon receipt of said application, the City Clerk shall set a public hearing following proper hearing notification.  The City shall provide at least ten (10) days published notice of the date, time, place, and purpose of the hearing. The Planning Commission shall conduct the hearing, and report its findings and make recommendations to the City Council.  When an amendment involves changes in district boundaries affecting an area of five acres or less, notice of said hearing shall consist of a legal property description and description of request and shall be published in the official newspaper at least ten (10) days prior to the hearing and written notification of said hearing shall also be mailed at least ten (10) days prior to all owners of land situated wholly or partly within three hundred fifty (350) feet of the boundary of the property in question. Such property owner list shall be obtained from and certified by a title company, or obtained from the County in which the property lies, the City, or other source approved by the City.  The City shall retain for the record a copy of the mailed notice and a list of the owners and their addresses to which the notice was mailed. A failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided the City made a bona fide attempt to comply with the notice requirement.  When an amendment involves changes in district boundaries affecting an area of greater than five acres, notification to only those affected property owners within the boundary is required (as per M.S.A Section 462.357 Subd.3). Prior to reducing the notification requirement, the City Council shall review and approve said reduction with a 4/5 majority vote. 

m)      Approval of a proposed amendment shall require passage by a four-fifths (4/5) vote of the entire a majority vote of the entire City Council. Any amendment proposing to change all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a 4/5 majority vote of the entire City Council.

ARTICLE II.  Planned Unit Developments.  Article XIII, Section 1301.070, Subd. 4(a) of the Municipal Code of the City of White Bear Lake is hereby amended as follows:

a)       Approval. The establishment of a PUD shall be subject to a super-majority vote by of the entire the City Council, which may impose any condition it considers necessary to protect the public health, safety and welfare.

ARTICLE III.  Effective Date.  This ordinance shall become effective on the first day of publication after adoption.

Adopted by the City Council of the City of White Bear Lake, Minnesota on the 23rd day of January 2024.