The Council of the City of White Bear Lake does ordain:
ARTICLE I. Authority. Minnesota Statutes, sections 415.02, 415.021, and 599.13 (collectively the “Act”) and the White Bear Lake City Charter, sections 4.14 and 4.17 authorize the City of White Bear Lake (the “City”) to adopt and codify ordinances. The Act also provides that any ordinance included in a new city code, but not previously published, is sufficiently published if a substantial quantity of the code is printed for general distribution to the public.
ARTICLE II. Background. At the direction of the White Bear Lake City Council, City staff and consultants undertook an extensive process to review and update Chapter 1202 and Titles XIII and XIV of the White Bear Lake City Code, which generally regulate planning, land use, and development in the City, with the understanding that once all amendments were finalized, they would be adopted and incorporated into the City’s code book. The general purpose of the update is to implement the City’s 2040 Comprehensive Plan, remove outdated and unnecessary text, update and reformat the regulations, and modernize the regulations into a more user-friendly document that conforms to current City policy, practices and state law, as necessary. The updated code language has been prepared and it is the intent of this Ordinance to adopt said code language, which for the sake of this Ordinance is entitled The Development Regulations of the City of White Bear Lake (the “Development Code”). On June 30, 2025, a duly noticed public hearing was held by the Planning Commission of the City of White Bear Lake (the “Planning Commission”) and, following said hearing, the Planning Commission recommended approval of the Development Code. A complete copy of the Development Code, which is attached hereto as Exhibit A, was presented to the City Council and the public together with this Ordinance and is further on file with the City Clerk and available on the City’s website.
ARTICLE III. Adoption. Pursuant to the City’s authority contained in Minnesota State Law, including but not necessarily limited to, the Act, and in the White Bear Lake City Charter, the Development Code, as attached hereto as Exhibit A, is hereby adopted.
ARTICLE IV. Copies. The City Clerk is authorized and directed to prepare sufficient copies of the Development Code for use by the City Council and City staff and for general distribution to the public in accordance with City policies regarding the distribution and availability of City documents. The City Clerk shall also keep an official copy of the Development Code in the office of the City Clerk and ensure that a copy is available through the City’s website.
ARTICLE V. Effect. The Development Code shall be controlling and shall supersede and replace previously adopted provisions contained in White Bear Lake City Code, Chapter 1202 and Articles XIII and XIV, which are hereby repealed as of the effective date of this Ordinance. Such repeal shall not affect: (i) any offense committed or penalty incurred under the previous code language; (ii) any rights vested prior to the effective date of this Ordinance; or (iii) the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use; or vacating or setting the boundaries of streets or other public places. Furthermore, nothing in this Ordinance or the Development Code is to be construed to modify, abrogate or abridge: (i) the rights, duties, liabilities, privileges or immunities of the City; (ii) the qualifications or terms of office of City officers as they existed prior to adoption; or (iii) any special ordinance or franchise not embodied in the City Code. The Development Code is declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by Minnesota Statutes by the courts of the State of Minnesota.
ARTICLE VI. General Penalty. Unless another penalty is expressly provided in the Development Code, every person convicted of a violation of any provision of the Development Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine up to the maximum permitted or required by law. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided herein, unless another penalty is expressly provided elsewhere, shall apply to the amendment of any Development Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City Council may pursue other remedies, including, without limitation, abatement of nuisances, injunctive relief and revocation of licenses or permits.
ARTICLE VII. Amendments. Duly adopted additions or amendments to the Development Code when passed in such form as to indicate the intention of the City Council to make the same part of the Development Code shall be deemed to be incorporated in the Development Code so that reference to the Development Code includes such additions and amendments.
ARTICLE VIII. Corrections. Given the size of this project and numerous amendments made as part of the updated Development Code, the City Council recognizes the Code may contain certain errors, such as cross-references to changed subsections, typographical errors, and other non-substantive matters that may be discovered once the Development Code is placed in use. The City Council hereby authorizes the City Clerk to work with the City Attorney, as necessary, to make any non-substantive corrections to the Development Code as may be needed upon discovery. Such corrected provisions shall be incorporated in and made part of the Development Code without further action by the City Council.
ARTICLE IX. Effective Date. This Ordinance and the Development Code, as presented to the City Council and the public and made available for inspection in accordance with law, shall be effective upon publication of the summary approved separately by the City Council under law (the “Effective Date”). Ordinances adopted after the Effective Date that amend or refer to the Development Code shall be construed as if they amend or refer to like provisions of said Development Code.
Adopted by the City Council of the City of White Bear Lake, Minnesota on the 22nd day of July 2025.